IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA (EASTERN DIVISION) EAST CAROLINA

UNIVERSITY, Plaintiff, vs. CISCO SYSTEMS, INC., Defendant. COMPLAINT AND JURY DEMAND Civil Action No. __________________

Plaintiff East Carolina University (hereinafter, Plaintiff), by and for its complaint against Defendant Cisco Systems, Inc. (hereinafter, Defendant), alleges as follows: I. 1. THE PARTIES

Plaintiff is a constituent institution of the University of North Carolina and an

educational institution chartered under the laws of the State of North Carolina having a principal office at East Fifth Street, Greenville, North Carolina 27858. 2. 95134. II. 3. JURISDICTION AND VENUE Upon information and belief, Defendant Cisco Systems, Inc. is a California corporation with a principal place of business at 170 West Tasman Dr., San Jose California

This is an action for: (i) trademark infringement and false designation of origin

under the Trademark Act of 1946, also known as the Lanham Act, codified at 15 U.S.C. 1051 et seq.; (ii) common law trademark infringement and unfair competition; and (iii) unfair or deceptive trade practices pursuant to N.C. Gen. Stat. 75-1.1 et seq. 4. 5. This Court has subject matter jurisdiction under 15 U.S.C. 1121 and 28 U.S.C. This Court has personal jurisdiction over Defendant because, upon information 1331 and 1338(a). and belief, Defendant has substantial contacts in the Eastern District of North Carolina by, among other things, maintaining a place of business at 7100-8 Kit Creek Road, Morrisville,

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North Carolina 27709 in Wake County, North Carolina, and purposefully availing itself of the benefits and protections of North Carolina law by regularly conducting business in this State and District. III. 6. FACTUAL BACKGROUND

Plaintiff is the owner of the federally registered trademark TOMORROW

STARTS HERE (U.S. Trademark Registration No. 3,950,816, used continuously in commerce since at least March 31, 2002) for [e]ducation services in the nature of courses at the university level (the Mark). Plaintiffs Mark is valid and enforceable. A copy of the registration certificate for the Mark is attached as Exhibit 1. 7. Plaintiff has also acquired extensive common law trademark rights in the Mark. By way of example, Plaintiff has utilized TOMORROW STARTS HERE in association with Plaintiffs College of Technology and Computer Science, research, software development, intellectual property and licensing, in addition to commercialization of technology and software long prior to Defendants adoption of the identical mark for overlapping goods and services. 8. 9. Plaintiff has invested a considerable amount in advertising utilizing the Mark over Upon information and belief, Defendant initiated a purported $100 million the past decade. advertising campaign on December 10, 2012 utilizing the mark TOMORROW STARTS HERE. A copy of the new advertising campaign page of Defendants website is attached as Exhibit 2 along with Defendants home page at Exhibit 3, and a copy of a news article related to Defendants use of Plaintiffs Mark is attached as Exhibit 4. 10. Upon information and belief, Defendant applied for three federal trademark applications on December 10, 2012, all for the mark TOMORROW STARTS HERE (U.S. Trademark Application Ser. Nos. 85/799,142; 85/799,149; and 85/799,152), (hereinafter, Defendants Applications). Notably, Application Ser. No. 85/799,142 includes a description of the goods: downloadable electronic instructional materials, namely, manuals, guides, test materials, and magazines in the field of technology.

Case 4:13-cv-00003-FL Document 1 Filed 01/11/13 Page 2 of 7 2

IV. 11. 12.

FIRST CLAIM FOR RELIEF: TRADEMARK INFRINGEMENT UNDER 15 U.S.C. 1114 Plaintiff incorporates by reference the preceding allegations of this complaint. On information and belief, Defendant is infringing Plaintiffs Mark by, inter alia,

using in commerce the TOMORROW STARTS HERE mark. Such use in commerce is likely to cause forward and/or reverse confusion, or to cause mistake, or to deceive as to Defendants affiliation, connection, or association with Plaintiff, or as to the origin, sponsorship, or approval of Defendants commercial activities by Plaintiff. 13. As a direct and proximate consequence of Defendants actions, Plaintiff has suffered irreparable injury, and will continue to suffer such harm unless Defendant is preliminarily and permanently enjoined from its unlawful conduct. V. 14. 15. SECOND CLAIM FOR RELIEF: FALSE DESIGNATION OF ORIGIN UNDER 15 U.S.C. 1125(a) Plaintiff incorporates by reference the preceding allegations of this complaint. Defendants use of TOMORROW STARTS HERE is confusingly similar to

Plaintiffs Mark and constitutes false designation of origin, false description, and misrepresentation of Defendants goods and services, and is likely to cause confusion, mistake, and deception as to the origin, sponsorship, approval, or association of Defendants goods, services, and commercial activities in violation of 15 U.S.C. 1125(a). 16. Upon information and belief, Defendant has engaged in this false designation of origin and false description and representation of its goods and services in an effort to willfully, intentionally, and unfairly compete with Plaintiff, and such actions constitute unfair competition. 17. Defendants actions complained of herein have damaged Plaintiff, and will continue to damage Plaintiff, causing injury to Plaintiffs reputation and goodwill. VI. 18. 19. THIRD CLAIM FOR RELIEF: COMMON LAW TRADEMARK INFRINGEMENT Plaintiff incorporates by reference the preceding allegations of this complaint. Defendants use in commerce of TOMORROW STARTS HERE is confusingly

similar to Plaintiffs Mark without authorization from Plaintiff. Such unauthorized use by

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Defendant constitutes common law trademark infringement. 20. Defendants unlawful acts violate Plaintiffs common law trademark rights and have damaged and continue to damage Plaintiffs goodwill and business reputation, causing irreparable harm, for which there is no adequate remedy at law. Such unlawful acts and damage will continue to occur unless enjoined by this Court. VII. FOURTH CLAIM FOR RELIEF: COMMON LAW UNFAIR COMPETITION 26. 27. 28. Plaintiff incorporates by reference the preceding allegations of this complaint. Defendants use in commerce of TOMORROW STARTS HERE is confusingly The aforesaid unlawful acts by Defendant will continue unabated unless and until

similar to Plaintiffs use of the identical Mark and constitutes common law unfair competition. enjoined by this Court. VIII. FIFTH CLAIM FOR RELIEF: DECEPTIVE AND UNFAIR TRADE PRACTICES UNDER N.C. GEN. STAT. 75-1.1 ET SEQ. 29. 30. Plaintiff incorporates by reference the preceding allegations of this complaint. Defendants use in commerce of TOMORROW STARTS HERE is confusingly

similar to Plaintiffs use of the identical Mark and is an unfair or deceptive act or practice which will cause confusion and/or mistake and/or deceive persons into falsely believing that Defendants goods and services were sold, licensed, or authorized for sale by Plaintiff and/or otherwise associated with Plaintiff, or cause reverse confusion, all to the damage of Plaintiff, which action by Defendant constitutes an unfair trade practice pursuant to N.C. Gen. Stat. 751.1 et seq. 31. Defendants deceptive and unfair trade practices have damaged Plaintiffs goodwill and business reputation, causing irreparable harm, for which there is no adequate remedy at law. Such unlawful acts and damage will continue to occur unless enjoined by this Court. IX. PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands a trial by jury on all issues so triable and judgment in

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its favor, and against Defendant, for the following: 1. 2. 3. That Defendant be adjudged to have infringed Plaintiffs Mark; That Defendants infringement be adjudged willful in nature; That, pursuant to 15 U.S.C. 1116(a), Defendant, its officers, agents, servants,

employees, attorneys, and those persons in active concert or participation with any of them, be preliminarily and permanently restrained and enjoined from directly or indirectly infringing Plaintiffs Mark by, among other things, the following: a. Marketing, promoting, printing, using, selling, distributing, or otherwise disseminating, either directly or indirectly, any goods, services, or materials of any sort in any medium of communication, or reproducing or causing others to reproduce any products or packaging incorporating any indicia including the phrase TOMORROW STARTS HERE or any variation thereof, and from offering for sale or selling products and services incorporating any indicia including the phrase TOMORROW STARTS HERE or any variation thereof; b. Manufacturing, having manufactured, producing, having produced, distributing, circulating, selling, offering for sale, advertising, promoting, or displaying any products or services under or bearing any indicia including the term TOMORROW STARTS HERE or any variation thereof; and c. using any false or misleading designations of origin or false or misleading descriptions or representations of fact in connection with the manufacture, production, distribution, circulation, sale, offering for sale, advertising, promotion, or display of its products or services under any indicia including the term TOMORROW STARTS HERE or any variation thereof; 4. That, pursuant to 15 U.S.C. 1118, Defendant, its officers, agents, servants, employees, attorneys, and those persons in active concert or participation with any of them, be directed to file with this Court and serve on Plaintiff within thirty (30) days after service of the injunction, a report in writing and under oath, setting forth in detail the manner and form in which Defendant has complied with the injunction; 5. 6. An accounting for damages by virtue of Defendants infringement of Plaintiffs Pre-judgment and post-judgment interest and costs by virtue of Defendants Mark in accordance with 15 USC 1117;

Case 4:13-cv-00003-FL Document 1 Filed 01/11/13 Page 5 of 7 5

infringement of Plaintiffs Mark; 7. 8. 9. 10. An award of damages to compensate Plaintiff for Defendants infringement, An award of three times the amount of damages to compensate Plaintiff for An award of damages for unfair or deceptive trade practices under N.C. Gen. Stat. That Defendant be directed to pay Plaintiffs reasonable costs and attorneys fees pursuant to 15 U.S.C. 1117(a) and 1125; Defendants deliberate and willful acts of infringement; 75-1.1 and direction that such damages be trebled in accordance with N.C. Gen. Stat. 75-16; incurred in connection with this lawsuit, pursuant to 15 U.S.C. 1117(a) and 1125, and N.C. Gen. Stat. 75-16.1; and 11. and proper. This 11th day of January, 2013. By: /s/ Richard T. Matthews Richard T. Matthews (N.C. Bar No. 32817) Lynne Borchers (N.C. Bar No. 32386) MYERS BIGEL SIBLEY & SAJOVEC, P.A. Post Office Box 37428 Raleigh, North Carolina 27627 Tel. (919) 854-1400 Fax (919) 854-1401 Attorneys for Plaintiff That Plaintiff be awarded such other and further relief as this Court may deem just

Case 4:13-cv-00003-FL Document 1 Filed 01/11/13 Page 6 of 7 6

CERTIFICATE OF SERVICE I hereby certify that the foregoing Complaint and accompanying exhibits will be served on Defendant via process server, courier, and/or First Class Mail. Respectfully submitted, /s/ Richard T. Matthews Richard T. Matthews (N.C. Bar No. 32817) MYERS BIGEL SIBLEY & SAJOVEC, P.A. Post Office Box 37428 Raleigh, North Carolina 27627 Tel. (919) 854-1400 Fax (919) 854-1401 Attorneys for Plaintiff

Case 4:13-cv-00003-FL Document 1 Filed 01/11/13 Page 7 of 7 7

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA (EASTERN DIVISION) EAST CAROLINA UNIVERSITY, Plaintiff, vs. CISCO SYSTEMS, INC., Defendant. COMPLAINT AND JURY DEMAND Civil Action No. __________________

INDEX OF EXHIBITS TO COMPLAINT Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: A copy of Plaintiff East Carolina Universitys U.S. Trademark Registration No. 3,950,816 for the mark TOMORROW STARTS HERE. A copy of the new advertising campaign page of Defendants website. A copy of the home page from Defendants website. A copy of a news article related to Defendants use of Plaintiffs Mark. Civil Cover Sheet. Summons. Report on the Filing or Determination of an Action Regarding a Trademark.

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Case 4:13-cv-00003-FL Document 1-2 Filed 01/11/13 Page 1 of 2

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Case 4:13-cv-00003-FL Document 1-3 Filed 01/11/13 Page 1 of 2

TOMORROW starts here - Cisco Systems

12/31/2012 10:19 AM

(http://www.cisco.com/)

#tomorrowstartshere

(collaboration/index.html)

(tree/index.html)

(retail/index.html)

(imagination/index.html)

(anthem/index.html)

(connectedcities/index.html)

(homes/index.html)

(mobiledata/index.html)

(cars/index.html)

(ioe/index.html)

Case 4:13-cv-00003-FL Document 1-3 Filed 01/11/13 Page 2 of 2

http://www.cisco.com/web/tomorrow-starts-here/index.html?POSITION=SEM&COUNTRY_SITE=us&CAMPAIGN=tomorrowstartshere&CREA...

Case 4:13-cv-00003-FL Document 1-4 Filed 01/11/13 Page 1 of 2

Cisco Systems, Inc

12/31/2012 3:38 PM

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Cisco Replaces "The Human Network" With "Tomorrow Starts Here"

12/31/2012 9:42 AM

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Cisco wants to be more than the largest manufacturer of computer networking equipment. It wants to guide customers through the myriad possibilities of the Internet of Everything, a phrase it's co-opting in service of its new brand positioning. The tech brand has shut down its six-year-old tagline, "The Human Network." Its new tagline, unveiled today in a $100 million campaign "Tomorrow Starts Here," a phrase you'll find, fittingly, all over the Internet and beyond: on its homepage and on social media as a promoted hashtag on Twitter, on its Facebook page, in a new TV campaign, in an infographic, in a series of blog posts, and in a new print campaign that comes to life via augmented reality and Cisco's mobile app. The brand's chief marketing officer, Blair Christie, told TheStreet.com that it's more than just a campaign and new tagline.

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"I highlight the term brand strategy because it's not just a marketing communication campaign," Christie commented. "If I had my druthers, this would be a tagline that lasts for 100 more years for Cisco. We're putting a lot of energy behind it. This initial launch will take us through about a year, it's almost about $100 million, which is not a drop in the bucket, but there's lots of

Branding In 2013: Convergence, Content, Gaming, Big Data And Other Big Trends Armageddon: The World's Strongest,

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Cisco Replaces "The Human Network" With "Tomorrow Starts Here"

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It's "a whole new global conversation we're going to have with our customers," she added about the 26th biggest company on the S&P 500. "It's really in service of our corporate strategy." There's even a new social media listening kiosk at its corporate HQ to surface the conversations.

The campaign strategy was inspired by "The Internet of Everything," a phrase that has its roots in Kevin Ashton's "The Internet of Things," which dates back to 1999. "The Internet of Everything" phrase has been used by other tech brands such as Qualcomm and quietly introduced as a Cisco catchphrase in a blog post dated Oct. 3rd, but Christie says Cisco is taking it in a fresh direction. "Two things are happening right now," she told TheStreet.com. "The biggest market transition we've seen for decades is coming right at us, and it's called the Internet of Everything. That's where people, process, data and things are all joining the Internet in a way that we just haven't seen. We're going to see two and a half billion people come online by 2020, we're going to see over 37 billion new things come online by 2020, so that's a big opportunity." "The second thing that's happening is that Cisco's networking expertise and the network itself is right in the center of it all. So bringing those two gave us a great opportunity to start a new conversation with our customers. Tomorrow Starts Here is our new tagline, we're going to have a global integrated campaign with print and television advertising, a lot of digital marketing, social media, public relations, a whole integrated approach to this."

"It's really using the medium to enhance the message," she added about embedding augmented reality in the B2B-focused print campaign so users can scan the print ads (check out today's Wall Street Journal) with their smartphones or tablets. "It brings the story really deep, going into video, white papers and more content that helps explain and give a little more color to the conversation that we're trying to address. Our focus is the enterprise customer, that is our sweet spot, the enterprise and service provider customers. But it's not just the technology decision makers. We have CIOs and VPs of infrastructure that are very core, but there's a line of business leaders and other CXOs (chief executive officers) that are seeing the value of technology and what we can bring. And that's really our broad spot, that's who we're going after with this campaign."

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Cisco Replaces "The Human Network" With "Tomorrow Starts Here"

12/31/2012 9:42 AM

Cisco CEO John Chambers presented the new positioning (spearheaded by Omnicom's Goodby, Silverstein & Partners agency) to analysts on Friday, and elaborates in a blog post today that's a wake-up call to enterprise clients (and potential clients, of course): It took us more than 20 years to get two billion people on the Internet, but estimates suggest the next two billion will connect to the network in less than half that time. And the growth of connected things is even more incredible. Sometime around 2009, the number of things connected to the Internet surpassed the number of connected people, at which point we began to experience what some call the Internet of Things. There will be about 15 billion devices connected by 2015, and around 40 billion by 2020, according to the Cisco Internet Business Solutions Group. But despite all these connections, we estimate that more than 99 percent of all physical objects that may one day join the network are currently still unconnected. Think about that weve only just begun to connect the unconnected. What will happen when a full one percent of things are actually connected? When 10 percent get connected? We are rapidly beginning to experience what we call the Internet of Everything, which includes the Internet of Things as a subset. Cisco Chief Futurist Dave Evans does a great job of describing the Internet of Everything in his blog series, but in simple terms, the Internet of Everything is the intelligent connection of people, process, data, and things on the network. One important enabler of the Internet of Everything is the network intelligence that fuels the manageability, controllability and scalability required to support this incredible growth in connections." Chambers closed with, We have the innovation engine, the talent and experience, the open dialog with customers, the worlds best ecosystem of partners and resellers, and the broadest portfolio of industryleading networking solutions, services, and business architectures to back it up. The truth is, as big data, cloud computing, BYOD and mobility, and a new breed of software applications continue to shape the foreseeable future, networks will require ever more intelligence not less in order to effectively cope with the increased complexity. Creating order out of chaos is what Cisco does best, and frankly, weve never seen more business opportunities than we do today. In the end, however, the Internet of Everything is bigger than Cisco or any company, for that matter; it will require unprecedented cooperation between many companies and organizations. Ultimately, we believe that the success and impact of the Internet of Everything will be measured by the extent to which were able to harness it to benefit humanity. With this in mind, we couldnt be more excited to see what the future holds. As Adweek notes, "Financial observers liken Cisco's current shift to IBM's transformation from a mainframe manufacturer to a provider of software, services and hardware, and this spot has the aesthetic feel and tone of Big Blue's 'Smarter Planet' commercials from Ogilvy." Your thoughts? Share them below and here's a look back at "The Human Network," including a campaign that sent Canadian actress Ellen Page back to her hometown of Lunenburg, Nova Scotia, plus musical references including The Who's "Baba O'Riley" and Gloria Gaynor's "I Will Survive":

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Cisco Replaces "The Human Network" With "Tomorrow Starts Here"

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Cisco Replaces "The Human Network" With "Tomorrow Starts Here"

12/31/2012 9:42 AM

More about: Cisco, Technology, Campaigns, Taglines, Advertising, Social Marketing, Facebook, Twitter, Print, Mobile, TV, Augmented Reality, Verbal Identity, Omnicom, Goodby, Silverstein & Partners, Ellen Page, Brand Ambassadors, B2B, Enterprise, IBM

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Comments
Rae McGiffin says:

I saw one of these spots recently. My first reaction was almost fearful; it reminded me of The Matrix. While I understand the drivers behind the change, people are still people. And it's people who use the data and the processes and the technology. The Human Network concept could have been expanded to illustrate the other aspects and still retain the most important connection: people.
December 11, 2012 12:18 PM #

SueJo

says:

Never saw the Ellen Page campaign here in Hong Kong, but "The Human Network" always felt pleasingly global to me, especially because the girl's voice reading the tag line in the spots sounded vaguely Eurasian (British and Asian) to my ears. This feels a little more cold and clinical ... but then I'm not Cisco's target customer, the enterprise!
December 12, 2012 12:11 AM #

Comments are closed

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