Premier Brands Ip LLC Plaintiff,: Complaint and Demand For Jury Trial

Case 1:22-cv-05489-GHW Document 1 Filed 06/28/22 Page 1 of 17
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------------------------X
PREMIER BRANDS IP LLC
Plaintiff, Case No. 1:22-cv-_________

-against-
HARD CARRY GAMING INC.
Defendant.
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COMPLAINT AND DEMAND FOR JURY TRIAL
PREMIER BRANDS IP LLC (“Premier” or “Plaintiff”), by its undersigned counsel,
Lazarus & Lazarus, P.C., complaining of Hard Carry Gaming, Inc. (“HCG” or the “Defendant”),
as and for its Complaint (“Complaint”), respectfully shows to this Court and alleges as follows:
NATURE OF THE ACTION
1. This is an action by Premier to combat and cease Defendant’s manufacture,
distribution and sale of infringing products bearing confusingly similar marks to Premier’s
ENERGIE Trademarks. As a direct and proximate result of Defendant’s unlawful distribution
and sale of such unlicensed and infringing products, Premier has been irreparably harmed and
the ENERGIE Trademarks diluted. Premier seeks declaratory relief, permanent injunctive relief,
damages, costs and attorneys’ fees as authorized by the Lanham Act and New York State law.
JURISDICTION AND VENUE
2. This Court has subject matter jurisdiction over the causes of action set forth
herein pursuant to the provisions of the Lanham Act, 15 U.S.C. §1121; 28 U.S.C. §1338(a) and
(b); and 28 U.S.C. §1331. This Court has jurisdiction over the claims in this action that arise
under the laws of the State of New York pursuant to 28 U.S.C. §1367(a), because the state law
claims are so related to the federal claims that they form part of the same case or controversy and
1
derive from a common nucleus of operative facts.
3. The Court may properly exercise personal jurisdiction over Defendant because:
Defendant transacts business within New York or contracts to supply goods or services in the
state; Defendant is committing a tortious act or causing injury to persons or property within New
York; Defendant regularly does or solicits business, or engages in any other persistent course of
conduct, or derives substantial revenue from goods used or consumed or services rendered, in
New York; or Defendant can expect or should reasonably expect Defendant’s act to have
consequences in New York and derives substantial revenue from interstate or international
commerce.
4. Venue is proper in this judicial district pursuant to 28 U.S.C. §1391(b)(2) and (3).
THE PARTIES
5. At all relevant times herein, Premier is and was a domestic limited liability
company organized and existing under the laws of the State of Delaware, with offices located at
1441 Broadway, New York, NY 10018.
6. Premier is a wholesale apparel company that designs, manufactures and
distributes branded apparel, accessories, and jewelry.
7. Upon information and belief, Defendant was and is a foreign corporation
organized and existing under the laws of the State of Delaware, with its principal place of
business located at 425 Seale Ave., Palo Alto, CA 94301.
8. Upon information and belief, Defendant is an online professional gaming and
entertainment company operating through various online channels inclusive of but not limited to
the domain nrg.gg.
9. Upon information and belief, Defendant uses a business location in Calabasas,
2
California as well as the internet and social media to transact its infringing and unlawful
activities and to cause tortious injury in the State of New York and in this district by, amongst
other things, manufacturing, distributing, selling and offering for sale merchandize that is
infringing.
FACTS COMMON TO ALL COUNTS
Premier’s ENERGIE Trademarks
10. Premier is a wholly owned subsidiary of Premier Brands Group Holdings LLC
(“PBGH”), a well-known manufacturer, distributor and retailer of men’s and women’s apparel,
jewelry, and related accessories. PBGH and its subsidiaries design and market a broad array of
products, including sportswear, jeanswear, dresses, accessories and costume jewelry under
several nationally and globally recognized brands.
11. Premier sells its branded goods throughout the United States, through trusted
established retailers, including but not limited to, Macy’s, Inc.; Walmart, Inc.; Nordstrom, Inc.;
and amazon.com. Premier is known to provide premium apparel and related goods and services.
12. Through its active sales and promotional efforts, Premier has established itself as
a premiere brand that is well recognized in the apparel industry, through its branded goods,
throughout the United States and elsewhere. Premier works tirelessly to maintain its reputation,
by paying careful attention to each and every component that goes into the fabrication of
Premier’s goods.
13. In connection with Premier’s sale of apparel and for good and valuable
consideration, Premier is the owner, through its predecessors in interest, of the rights, title and
interests in and to the federally registered trademarks ENERGIE and ENERGIE (Stylized) in
Class 25.
3
14. Premier is the current owner of the following United States Trademark
Registrations for the marks ENERGIE and ENERGIE (Stylized):
U.S. Trademark Application Date of International

Registration No. Mark Filing Date Registration Class
1,515,449 August 31, 1983 December 6, 1988 025
3,017,156 ENERGIE April 29, 2002 November 22, 2005 025
3,728,222 ENERGIE May 28, 2009 December 22, 2009 025
Copies of Premier’s trademark registrations are annexed hereto as Exhibit 1. (Premier’s
ENERGIE trademark registrations nos. 1,515,449, 3,017,156 and 3,728,222 are collectively
herein referred to as the “ENERGIE Trademarks” or the “ENERGIE Marks”.)
15. Premier’s rights in the ENERGIE Trademarks in the United States have priority
dating back at least as early as 1983.
16. Premier’s predecessor-in-interest filed for registration of the mark “ENERGIE” in
stylized form on August 31, 1983.
17. Since that time, Premier, through its predecessors-in-interest, related companies
and licensees, has used and currently is using the ENERGIE Trademarks in the United States on
or in connection with clothing.
18. Premier, its predecessors-in-interest, related companies and licensees have
exercised great care, skill, and diligence in providing clothing in connection with Premier’s
ENERGIE Trademarks.
19. Premier and its predecessors-in-interest and related companies have marketed and
otherwise promoted its products bearing the ENERGIE Trademarks for almost 40 years. As a
result, Premier has developed substantial consumer recognition and valuable goodwill in its
ENERGIE Marks.
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NRG’s Infringing Activity
20. Approximately thirty years after Premier’s predecessors-in-interest first use of the
ENERGIE mark, Defendant started its business as a professional esports organization with
teams playing various online video games such as Fortnite, Rocket League and Overwatch.
Defendant uses the domain nrg.gg to promote its business and owns a number of NRG
trademarks in International Class 41 (Entertainment services); Class 9 and 42 (for NFTs); Class
28 for musical and/or electronic games, toys, video-game consoles etc.; Class 9 for computer
peripherals; Class 35 for retail store services; Class 14 for Keychains; ornamental pins for use
as jewelry; bracelets; wristbands for use as bracelets; and Class 16 for stickers, posters.
21. On or about September 9, 2020, and despite Defendant’s core business being
online video gaming, Defendant applied for NRG trademarks in Class 25 for clothing, tops,
bottom, t-shirts, short sleeve shirts, long sleeve shirts, polo shirts, hoodies, sweatshirts, sports
jerseys, jerseys, jackets, windbreakers, and headwear namely beanies, hats and caps, alleging its
first use in commerce was in July, 2016 (approximately thirty-seven years after Premier’s
predecessors-in-interest first use of the ENERGIE mark). The applications are annexed hereto
as Exhibit 2.
22. Upon information and belief, Defendant derived its name “NRG” as an acronym
for the word ENERGY. See Defendant’s twitter post stating that “NRG” comes from the idea
of “energy” from the fighting spirits of our players!” annexed hereto as Exhibit 3. In fact, in
some instances, Defendant utilizes the full word “ENERGY” instead of the phonetic
abbreviation, NRG.
23. On January 25, 2021, Premier sent cease and desist correspondence to Defendant,
requesting that Defendant withdraw its United States Trademark Applications for NRG in Class
5
25. Exhibit 4.
24. Defendant did not withdraw its United States Trademark Applications for NRG in
Class 25 despite due demand.
25. On or about June 17, 2021, Premier commenced opposition proceedings,
challenging Defendant’s ability to obtain the NRG mark in Class 25 due to the likely confusion
with Premier’s ENERGIE Trademarks. The Notices of Opposition are annexed hereto as
Exhibit 5.
26. Such opposition proceedings are currently pending before the United States Patent
and Trademark Office (“USPTO”) Trademark Trial and Appeal Board (TTAB”).
27. Premier maintains that due to the similarity of the marks, in particular the
phonetic equivalency of the ENERGIE Trademarks and NRG acronym when spoken, there is a
high likelihood of consumer confusion between Defendant’s newly established apparel and
Premier’s well-established preexisting business.
28. Despite knowledge of Premier’s ENERGIE Trademarks, the Opposition
proceedings and the likelihood of consumer confusion, Defendant has already begun marketing,
promoting, and selling NRG branded clothing online through its ecommerce website. Annexed
hereto as Exhibit 6 is a printout from Defendant’s ecommerce website reflecting the various
NRG marked goods for sales to consumers. Not only does Defendant use the infringing NRG
acronym on its clothing products, but Defendant has even gone as far as using the full word
“ENERGY” on some of its shirts offered for sale.
29. As evidenced by the examples of utilizing both the full word “ENERGY” and the
NRG acronym on apparel, as set forth in Exhibit 6, Defendant is infringing Premier’s rights in
and to the ENERGIE Trademarks in Class 25.
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30. On June 13, 2022, Premier, through its undersigned counsel, sent cease and desist
correspondence to Defendant, requesting that Defendant cease and desist the use of the word
“ENERGY” and NRG acronym in association with clothing in any form. Annexed hereto as
Exhibit 7 is a copy of Premier’s cease and desist correspondence to Defendant.
31. To date, Defendant has not responded to the June 13, 2022 cease and desist
request.
32. Upon information and belief, rather than cease and desist from its infringing
behavior, Defendant is seeking to further expand its business into channels and markets directly
competitive with Premier using the infringing NRG acronym and full word “ENERGY” on
apparel including but not limited to in collaborations with Premier’s direct competitor Levi
Strauss & Co, a.k.a Levi’s. Annexed hereto as Exhibit 8 is an article discussing Defendant’s
collaboration with Levi’s.
33. Defendant is knowingly and willfully violating Premier’s ENERGIE Trademarks
and property rights through sales of wearing apparel with infringing marks.
34. Defendant’s sales of wearing apparel with Premier’s ENERGIE Trademarks are
likely to deceive or cause confusion or mistake by the purchasers of products bearing
Defendant’s infringing marks.
35. Upon information and belief, Defendant’s improper use of Premier’s ENERGIE
Trademarks in the form of the NRG acronym and full word “ENERGY” on apparel is damaging
Premier’s reputation amongst customers and consumers who are being led to believe that
Premier is the source of inferior quality product being sold by Defendant.
36. These infringing sales by Defendant improperly enable Defendant to benefit from,
exploit, misappropriate, and convert the good will and reputation which are Premier’s property
7
and rights, and improperly disparage Premier 's reputation and trademark rights, and destroy and
impair the value and reputation of the ENERGIE Trademarks.
FIRST CLAIM FOR RELIEF

(Trademark Infringement 15 U.S.C. §1114)
37. Premier repeats and realleges each of the foregoing paragraphs as if fully set forth
at length herein.
38. Premier owns the exclusive rights in and to the ENERGIE Trademarks. Premier,
and its predecessor in interest’s, use of the ENERGIE trademarks in the United States predates
that of Defendant’s use of the word “ENERGY” and NRG acronym.
39. Notwithstanding, Premier’s known and prior common law and statutory rights in
the ENERGIE trademarks, Defendant has, with actual knowledge of Premier’s rights, adopted
the use of the word “ENERGY” and acronym NRG in conjunction with the purchase,
manufacture, distribution, offer of sale and sale of apparel in interstate commerce.
40. Defendant’s use of the acronym NRG, as well as its use of the full word
“ENERGY” is likely to deceive and cause confusion, mistake, or deception among consumers
or potential consumers as to the source or origin of Defendant’s goods and the sponsorship or
endorsement of those goods by Premier in violation of 15 U.S.C.§1114(1).
41. Defendant’s use of the word “ENERGY” and NRG acronym is likely to deceive
and cause confusion, mistake or deception among consumers or potential consumers as to the
source or origin of Defendant’s goods and the sponsorship or endorsement of the goods by
Premier, to the damage and detriment of Premier’s reputation, goodwill and sales.
42. Defendant’s use of the word “ENERGY” and NRG acronym is likely to dilute
Premier’s ENERGIE Trademarks and the valuable goodwill and reputation associated
therewith.
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43. Premier has not authorized, licensed or otherwise condoned or consented to
Defendant’s use of the word “ENERGY” or the NRG acronym.
44. Despite the fact that Defendant has actual knowledge of Premier’s rights in and to
the ENERGIE Trademarks, Defendant has used and, upon information and belief, will continue
to use the ENERGIE Trademarks in complete disregard of Premier’s rights.
45. Defendant has misappropriated Premier’s rights in and to the ENERGIE
Trademarks as well as to the goodwill associated therewith. Unless restrained and enjoined by
this Court, such conduct will permit Defendant to gain an unfair competitive advantage over
Premier, enjoy the selling power of the Premier ENERGIE Trademarks, allow Defendant to
improperly blunt and interfere with Premier’s continued promotion and expansion of the
ENERGIE Trademarks and allow Defendant to palm off products as those being produced by,
sponsored or authorized by Premier.
46. Upon information and belief, the acts of Defendant alleged in paragraphs 1
through 45 above were committed with full knowledge of Premier’s rights and with the
intention of deceiving and misleading the public.
intention of causing harm to Premier.
48. Defendant’s infringing activities will continue to cause irreparable injury to
Premier if Defendant is not restrained by the Court from further violations of Premier’s rights.
49. By reason of the aforesaid, Defendant has caused damage to Premier in an amount
that is not presently ascertainable, but will be proven at trial.
9
SECOND CLAIM FOR RELIEF

(Federal Unfair Competition and False Designation of Origin 15 U.S.C. §1125(a))
at length herein.
51. Premier owns the exclusive rights in and to the ENERGIE Trademarks. Premier’s
use of the ENERGIE Trademarks in the United States predates that of Defendant’s use of the
word “ENERGY” and NRG acronym.
52. Notwithstanding Premier’s known and prior common law and statutory rights in
the ENERGIE Trademarks, Defendant has, with actual knowledge of Premier’s rights, and long
after Premier established its rights in the ENERGIE Trademarks, adopted and used the word
“ENERGY” and NRG acronym in conjunction with the purchase, manufacture, distribution,
offer of sale and sale of apparel in interstate commerce.
53. Defendant’s use of the word “ENERGY” and NRG acronym in international
Class 25 without the authorization of Premier is likely to deceive and cause confusion, mistake,
or deception among consumers or potential consumers as to the source or origin of Defendant’s
goods and the sponsorship or endorsement of those goods by Premier.
54. Defendant’s use of the word ‘ENERGY” and NRG acronym in international Class
25 without the authorization of Premier is likely to deceive and cause confusion, mistake or
deception among consumers or potential consumers as to the source or origin of Defendant’s
goods and the sponsorship or endorsement of the goods by Premier.
55. Premier has not authorized, licensed or otherwise condoned or consented to
Defendant’s use of the ENERGIE Trademark or any abbreviation thereof.
56. Such confusion, deception or mistake has occurred as a direct result of
Defendant’s use of the word “ENERGY” and NRG acronym in connection with the display,
10
advertising and promotion of Defendant’s apparel products.
57. Despite the fact that Defendant has actual knowledge of Premier’s rights in and to
the ENERGIE Trademarks, Defendant has used and upon information and belief, will continue
to use the ENERGIE Trademarks in complete disregard of Premier’s rights.
58. Defendant has misappropriated Premier’s rights in and to the ENERGIE
Trademarks as well as to the goodwill associated therewith. Unless restrained and enjoined by
this Court, such conduct will permit Defendant to gain an unfair competitive advantage over
Premier, enjoy the selling power of the ENERGIE Trademarks, allow Defendant to improperly
blunt and interfere with Premier’s continued promotion and expansion of the ENERGIE
Trademarks and allow Defendant to palm off products as those being produced by, sponsored or
authorized by Premier.
62. By reason of the aforesaid, Defendant has caused damage or is likely to cause
damage to Premier in an amount that is not presently ascertainable, but will be proven at trial.
11
THIRD CLAIM FOR RELIEF

(Common Law Trademark Infringement)
at length herein.
64. The aforementioned acts of Defendant complained of herein constitute trademark
infringement in violation of the common law of New York.
68. As a direct and proximate result of Defendant’s unlawful infringement, Premier
has suffered damages and will continue to suffer damages in an amount that is not presently
ascertainable, but will be proven at trial.
FOURTH CLAIM FOR RELIEF

(Common Law Unfair Competition)
at length herein.
70. In violation of New York common law, Defendant has competed unfairly with
Premier by Defendant’s illegal, confusing, deceptive and wrongful use of Premier’s ENERGIE
Trademarks in connection with apparel.
12
71. The aforementioned acts of Defendant complained of herein constitute unfair
competition in violation of the common law of New York inclusive of but not limited to New
York General Business Law §360.
72. Defendant has misappropriated Premier’s ENERGIE Trademarks for Defendant’s
commercial advantage and to Premier’s detriment.
76. As a direct and proximate result of Defendant’s unlawful infringement, Premier
has suffered damages and will continue to suffer damages in an amount that is not presently
FIFTH CLAIM FOR RELIEF

(Dilution under New York General Business Law §360-1)
at length herein.
78. Defendant’s use of the word “ENERGY” and NRG acronym in its branding has
injured and is likely to injure Premier’s business reputation and/or dilute the distinctive quality
of Premier’s ENERGIE Trademarks in violations of New York General Business Law §360-1.
13
79. Premier has no adequate remedy at law, and, if Defendant’s actions are not
enjoined, Premier will continue to suffer irreparable harm to its reputation and the goodwill of
its well-known ENERGIE Trademarks.
80. As a direct and proximate result of Defendant’s unlawful practices, Premier has
suffered damages and will continue to suffer damages in an amount that is not presently
SEVENTH CLAIM FOR RELIEF

(Federal Declaratory Judgment Act)
at length herein.
82. As between the parties, Premier has priority with respect to the use of the term
ENERGIE for apparel in the U.S.
83. Premier believes it will be damaged by the registration of the NRG acronym to
Defendant.
84. An actual controversy has arisen and now exists between Plaintiff and Defendant
concerning whether Defendant can use the word “ENERGY” and NRG acronym for goods in
international Class 25 and whether NRG can be registered to Defendant.
85. By virtue of the foregoing, Plaintiff desires a judicial determination of the parties’
rights and duties with respect to the “NRG” trademark applications (Exhibit 2) and use of the
words ENERGY and NRG acronym.
86. A judicial declaration is necessary and appropriate at this time so that the parties
may proceed in accordance with their respective rights as determined by the Court.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff Premier Brands IP LLC respectfully prays that the Court enter
14
an Order against Defendant as follows:
1) Declaratory judgment: a) directing the United States Patent and Trademark Office
refuse to register the NRG mark in Class 25 due to a likelihood of confusion
with the ENERGIE Trademarks; and b) restricting Defendant from use of the
word ENERGY and NRG acronym in Class 25;
2) Permanently enjoining Defendant, its officers, agents, servants, employees and
attorneys, and all those in active concert or participation with it, from:
a. Further infringing the ENERGIE Trademarks by selling, distributing,
manufacturing, marketing, offering for sale, advertising, promoting,
displaying or otherwise disposing of NRG apparel products;
b. Further infringing the ENERGIE Trademarks by using the ENERGIE
Trademarks, the word “ENERGY”, the NRG acronym, and any other
confusingly similar marks thereof, on or in connection with Defendant’s
manufacturing, marketing, offering for sale, or sale of apparel products;
c. Making any statement or representation or using any false designation of
origin or false description, or performing any act, which can or is likely to
lead the trade or public, or individual members thereof, to believe that any
products manufactured, distributed or sold by Defendant is in any manner
associated or sponsored by or connected with Premier or are sold,
manufactured. Licensed, sponsored, approved or authorized by Premier;
d. Engaging in any other activity constituting unfair competition with Premier or
constituting an infringement of the Premier’s ENERGIE Trademarks;
e. Effecting assignments or transfers, forming new entities, or associations or
15
utilizing any other device in order to circumvent the prohibitions set forth in
Subparagraphs (a) through (c);
f. Aiding, abetting, contributing to or otherwise assisting anyone from infringing
upon the ENERGIE Trademarks.
3) Directing that Defendant deliver all infringing products and labels, signs, prints,
packages, dyes, wrappers, and advertisements relating thereto in its possession
or under its control bearing the ENERGIE Trademarks or any acronym,
simulation, reproduction, copy or colorable imitations thereof, and all plates,
molds, heat transfers, screens, matrices and other means of making the same.
4) Directing such other relief as the Court may deem appropriate to prevent the trade
and public from gaining the erroneous impression than any products sold or
otherwise circulated or promoted by Defendant are in any manner associated or
sponsored by or connected with Premier, or are sold, manufactured, licensed,
sponsored, approved, or authorized by Premier.
5) That Premier be awarded from Defendant three times Premier’s damages from
and three times of each of Defendant’s profits there from, after an accounting,
or, in the alternative statutory damages, should Premier opt for such relief,
consisting of Two Hundred Thousand Dollars ($200,000.00) for the ENERGIE
Trademarks infringed upon by Defendant pursuant to 15 U.S.C. §1117, and to
the extent this Court concludes such infringement was willful, Two Million
Dollars ($2,000,000.00), for the ENERGIE Trademarks infringed upon by
Defendant, pursuant to 15 U.S.C. §§1114, 1117 and 1125(a).
6) Awarding Premier its reasonable attorneys’ fees and investigative fees pursuant to
16
§15 U.S.C. §1117.
7) Awarding Premier its costs in bringing this action.
8) Awarding Premier any further relief that this Court deems just and proper.
DEMAND FOR JURY TRIAL
Pursuant to Federal Rules of Civil Procedure 28(b), Premier hereby demands a trial by
jury on all issues so triable.
Dated: June 28, 2022

New York, New York LAZARUS & LAZARUS, P.C.
Attorneys for Plaintiff
By: _/s/ Harlan M. Lazarus

Harlan M. Lazarus, Esq.
240 Madison Avenue, 8th Floor
New York, New York 10016
(212) 889-7400
17

Premier Brands Ip LLC Plaintiff,: Complaint and Demand For Jury Trial

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Case 1:22-cv-05489-GHW Document 1 Filed 06/28/22 Page 1 of 17

UNITED STATES DISTRICT COURT

Plaintiff, Case No. 1:22-cv-_________

HARD CARRY GAMING INC.

COMPLAINT AND DEMAND FOR JURY TRIAL

PREMIER BRANDS IP LLC (“Premier” or “Plaintiff”), by its undersigned counsel,

NATURE OF THE ACTION

1. This is an action by Premier to combat and cease Defendant’s manufacture,

ENERGIE Trademarks. As a direct and proximate result of Defendant’s unlawful distribution

JURISDICTION AND VENUE

derive from a common nucleus of operative facts.

1441 Broadway, New York, NY 10018.

6. Premier is a wholesale apparel company that designs, manufactures and

distributes branded apparel, accessories, and jewelry.

7. Upon information and belief, Defendant was and is a foreign corporation

business located at 425 Seale Ave., Palo Alto, CA 94301.

8. Upon information and belief, Defendant is an online professional gaming and

the domain nrg.gg.

9. Upon information and belief, Defendant uses a business location in Calabasas,

FACTS COMMON TO ALL COUNTS

Premier’s ENERGIE Trademarks

several nationally and globally recognized brands.

Registrations for the marks ENERGIE and ENERGIE (Stylized):

U.S. Trademark Application Date of International

3,017,156 ENERGIE April 29, 2002 November 22, 2005 025

3,728,222 ENERGIE May 28, 2009 December 22, 2009 025

Copies of Premier’s trademark registrations are annexed hereto as Exhibit 1. (Premier’s

herein referred to as the “ENERGIE Trademarks” or the “ENERGIE Marks”.)

dating back at least as early as 1983.

16. Premier’s predecessor-in-interest filed for registration of the mark “ENERGIE” in

stylized form on August 31, 1983.

or in connection with clothing.

18. Premier, its predecessors-in-interest, related companies and licensees have

NRG’s Infringing Activity

Class 25 despite due demand.

25. On or about June 17, 2021, Premier commenced opposition proceedings,

Premier’s well-established preexisting business.

28. Despite knowledge of Premier’s ENERGIE Trademarks, the Opposition

“ENERGY” on some of its shirts offered for sale.

and to the ENERGIE Trademarks in Class 25.

Exhibit 7 is a copy of Premier’s cease and desist correspondence to Defendant.

collaboration with Levi’s.

33. Defendant is knowingly and willfully violating Premier’s ENERGIE Trademarks

likely to deceive or cause confusion or mistake by the purchasers of products bearing

Defendant’s infringing marks.

Premier is the source of inferior quality product being sold by Defendant.

impair the value and reputation of the ENERGIE Trademarks.

FIRST CLAIM FOR RELIEF

that of Defendant’s use of the word “ENERGY” and NRG acronym.

manufacture, distribution, offer of sale and sale of apparel in interstate commerce.

endorsement of those goods by Premier in violation of 15 U.S.C.§1114(1).

43. Premier has not authorized, licensed or otherwise condoned or consented to

Defendant’s use of the word “ENERGY” or the NRG acronym.

to use the ENERGIE Trademarks in complete disregard of Premier’s rights.

45. Defendant has misappropriated Premier’s rights in and to the ENERGIE

sponsored or authorized by Premier.

intention of deceiving and misleading the public.

intention of causing harm to Premier.

48. Defendant’s infringing activities will continue to cause irreparable injury to

that is not presently ascertainable, but will be proven at trial.

SECOND CLAIM FOR RELIEF

word “ENERGY” and NRG acronym.

offer of sale and sale of apparel in interstate commerce.