Case 3:15-cv-00588-L Document 1 Filed 02/19/15

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
BUZZBALLZ, L.L.C.,
Plaintiff,
v.
JEM BEVERAGE COMPANY,
L.L.C. f/k/a JEM BEVERAGE
COMPANY, INC.; CARLOS G.
GUILLEM; and ADAM M. PURCELL
Defendants.

Case No.: 3:15-cv-00588

PLAINTIFF BUZZBALLZ, L.L.C.S ORIGINAL COMPLAINT AGAINST

DEFENDANTS JEM BEVERAGE COMPANY, L.L.C. F/K/A JEM BEVERAGE
COMPANY, INC.; CARLOS G. GUILLEM; AND ADAM M. PURCELL

TO THE HONORABLE COURT:

COMES NOW, Plaintiff BUZZBALLZ, L.L.C. (BUZZBALLZ) and brings its Original
Complaint against Defendants JEM Beverage Company, L.L.C. f/k/a JEM Beverage Company,
Inc.; Carlos G. Guillem; and Adam M. Purcell (the Complaint) and, in support of said Complaint,
avers as follows:
I.
1.

PARTIES

Plaintiff BUZZBALLZ is a Texas Limited Liability Company with a principle

place of business located in Dallas County, Texas.

2.

Defendant JEM BEVERAGE COMPANY, L.L.C. F/K/A JEM BEVERAGE

COMPANY, INC. (JEMBEVCO) is a Texas Limited Liability Company with a principle place
of business at 2525 Tarpley Rd., Suite 104, Carrollton, Texas 75006 and may be served with

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process by and through its Registered Agent, John Straits, located at 2525 Tarpley Rd., Suite 104,
Carrollton, Texas 75006 or wherever else he may be found.
3.

Defendant CARLOS G. GUILLEM (GUILLEM) is an individual who resides

and may be served at 727 Lathrop St., Argyle, Texas 76226 or wherever else he may be found.
4.

Defendant ADAM M. PURCELL (PURCELL) is an individual who resides and

may be served at 13208 S. Pipeline Rd., Euless, Texas 76040 or wherever else he may be found.
II.
5.

JURISDICTION & VENUE

This Court has subject-matter jurisdiction over BUZZBALLZs claims pursuant to

15 U.S.C. 1121 and 28 U.S.C. 1331, 1338, and 1367.

6.

Venue is proper in this district with respect to BUZZBALLZs claims, pursuant to

28 U.S.C. 1391.
III.
7.

FACTUAL BACKGROUND

BUZZBALLZ has been using the term BuzzBallz and a stylized form of such

term as trademarks in connection with its sale of pre-mixed, alcoholic beverages for over five (5)
years and has registered such trademarks with the United States Patent and Trademark Office (the
USPTO).
8.

Specifically, BUZZBALLZ is the owner of a Federal Graphic Trademark,

Registration No. 3,865,524, in International Class 33 for an image consisting of the word
BuzzBallz in Gill Sans Ultra Bold Font with depictions of rounded drink containers (the
BuzzBallz Graphic Mark), as follows:

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9.

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Said BuzzBallz Graphic Mark was first used by BUZZBALLZ not later than March

1, 2009 and was first used in commerce not later than October 1, 2009. A true and correct copy
of the Certificate of Registration for said BuzzBallz Graphic Mark is attached hereto as Exhibit
A and is incorporated by reference as if fully set forth herein.
10.

BUZZBALLZ is also the owner of a Federal Text Trademark, Registration No.

4,498,235, in International Class 33 for the text BuzzBallz (the BuzzBallz Text Mark)
(hereinafter the BuzzBallz Text Mark and the BuzzBallz Graphic Mark are collectively referred to
as the BuzzBallz Marks). Said BuzzBallz Text Mark was first used by BUZZBALLZ not later
than March 1, 2009 and was first used in commerce not later than October 1, 2009. A true and
correct copy of the Certificate of Registration for said BuzzBallz Text Mark is attached hereto as
Exhibit B and is incorporated by reference as if fully set forth herein.
11.

Additionally, in connection with its sale of products under the BuzzBallz Marks,

BUZZBALLZ has used product packaging with a consistent overall look constituting trade dress
comprised of a beverage container in the approximate form of a primary geometric figureto wit,
a ball shapeof a single bright color with a suggestive or fanciful flavor name and texts in fanciful
fontsincluding,

and

designed to create and/or

suggest a party atmosphere (the BuzzBallz Trade Dress). Fig. 1 below is a representative
sampling of the BuzzBallz Trade Dress demonstrating its overall consistent appearance:

Fig. 1
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12.

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Such trade dress is nonfunctional in its totality, is inherently distinctive, and is

recognized by consumers as an indication of the source of the products due to BUZZBALLZ

marketing efforts.
13.

In creating, developing, and designing its line of products sold under the BuzzBallz

Marks and the BuzzBallz Trade Dress and the manufacturing procedures associated therewith,
BUZZBALLZ has developed and worked to protect various trade secrets, including, but not
limited to, formulas and recipes for its pre-mixed, alcoholic beverages (the BuzzBallz Trade
Secrets).
14.

Moreover, in tandem with its BuzzBallz line of pre-mixed alcoholic beverages,

BuzzBallz has developed a companion brand for its line of pre-mixed wine cocktails under the
name Tropic Chillerz (the Tropic Chillerz Line). BUZZBALLZ has developed and marketed
its BuzzBallz line and Tropic Chillerz Line in conjunction with each other so as to offer consumers
a wider variety and selection of pre-mixed alcoholic beverages and cocktails from which to choose.
15.

On or about March 25, 2013, BUZZBALLZ hired and employed GUILLEM as its

Director of Operations.
16.

In the course of his employment with BUZZBALLZ, GUILLEM was privy to some

or all of the BuzzBallz Trade Secrets, including beverage formulas and recipes; accordingly,
GUILLEM entered into a non-disclosure agreement with BUZZBALLZ and covenanted not to
copy, disclose, publish, release, transfer, disseminate, use, or allow access to any of
BUZZBALLZ confidential information, including the BuzzBallz Trade Secrets, without
BUZZBALLZ consent (the Non-Disclosure Agreement). A true and correct copy of said NonDisclosure Agreement is attached hereto as Exhibit C and is incorporated by reference as if set
forth fully herein.

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17.

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GUILLEMs employment with BUZZBALLZ continued until in or about

December 2013.
18.

Despite his employment with BUZZBALLZ, upon information and belief,

GUILLEM was representing and providing services to BUZZBALLZ competitor, JEMBEVCO,

during the same period of time; specifically, GUILLEM was engaged by JEMBEVCO on or about
March 29, 2013, and an article in the Dallas Morning News, dated November 22, 2013, indicated
GUILLEM as a representative of JEMBEVCO. A true and correct copy of said engagement
between GUILLEM and JEMBEVCO is attached hereto as Exhibit D and is incorporated by
reference as if fully set forth herein. A true and correct copy of said Dallas Morning News article
is attached hereto as Exhibit E and is incorporated by reference as if fully set forth herein.
19.

Upon information and belief, in or about December 2013, JEMBEVCO and

GUILLEM, in combination with others, began a concerted effort to unfairly compete with
BUZZBALLZ and trade off the consumer goodwill BUZZBALLZ had developed in its products
sold under the BuzzBallz Marks and BuzzBallz Trade Dress.
20.

Specifically, upon information and belief, over the course of 2014, JEMBEVCO

and GUILLEM, in combination with others, began developing a line of pre-mixed, alcoholic
beverages under a name confusingly similar to the BuzzBallz Marksnamely, BoozeBoxand
a trade dress confusingly similar to the BuzzBallz Trade Dressspecifically, a beverage container
in the approximate form of a primary geometric figureto wit, a box shapeof a single bright
color with a suggestive or fanciful flavor name and texts in fanciful fonts designed to create and/or
suggest a party atmosphere. Fig. 2 below is a representative example of the BoozeBox products:

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Fig. 2
21.

Upon information and belief, as part of the development of such line of competing

products, GUILLEM disclosed to JEMBEVCO, and JEMBEVCO utilized, various BuzzBallz

Trade Secrets, including beverage formulas and recipes and BUZZBALLZ marketing strategies.
22.

Moreover, upon information and belief, PURCELL, who was employed by

BUZZBALLZ from February 25, 2013 to January 31, 2014 and had previously worked with
GUILLEM, disclosed certain confidential and proprietary information belonging to
BUZZBALLZ, including manufacturing procedures and specifications, to GUILLEM and/or
JEMBEVCO during the course of his employment with BUZZBALLZ.
23.

The term BoozeBox is substantially and confusingly similar to the BuzzBallz

Marks. Specifically, both the terms BuzzBallz and BoozeBox incorporate an initial term
suggestive of alcohol, which term incorporates an initial b and rounded vowel sound and ends
in a z, followed by a second term suggestive of the shape of the beverage container, which term
alliteratively begins with b and incorporates a rounded vowel sound. Further, both terms involve
the same number of syllables, the same pattern of percussive beats, and the same emphases.
Amidst such similarities, the primary difference between BuzzBallz and BoozeBox is merely
the difference in endings of the first and second termsspecifically, uzz versus ooze and llz
versus x, respectively.

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24.

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Further, in conjunction with the similarity of the terms set forth above, as used on

the BoozeBox product, the term BoozeBox is confusingly similar to the BuzzBallz Graphic
Mark in that the font and the setting of the term is practically identical.
25.

Additionally, the product packaging employed for the BoozeBox products is

confusingly similar to the BuzzBallz Trade Dress in that both incorporate a beverage container of
a primary geometric shape with bright colors, suggestive or fanciful flavor name, and texts in
fanciful fonts, all evocative of a party atmosphere. As set forth in Fig. 3 below, a side-by-side
visual comparison readily demonstrates the confusing similarity of the product packaging for
BoozeBox as compared to the BuzzBallz Trade Dress:

Fig. 3
26.

Additionally, as set forth above, upon information and belief, the BoozeBox

products have been developed through the misappropriation and use of the BuzzBallz Trade
Secrets.

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27.

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Furthermore, upon information and belief, JEMBEVCO has developed a line of

pre-mixed wine cocktails by the name of Cocktail Cube (the Cocktail Cube Line) in imitation
of the Tropic Chillerz Line. Additionally, upon information and belief, it is JEMBEVCOs
standard practice to imitate the successful commercial efforts of others; specifically, JEMBEVCO,
by and through its agent, has previously stated in an interview: Im not sure we have ever had an
original idea in our life. We followed others in, knowing that this was a calculated risk. THE BIG
PLATE, http://thebigplate.com/jem-beverage-co/ (last visited Feb. 19, 2015). Based upon the
foregoing, upon information and belief, JEMBEVCO has, throughout the course of developing its
BoozeBox products and Cocktail Cube Line, sought to copy and mimic BUZZBALLZ operations
in all ways possible using BUZZBALLZ confidential and proprietary gained from GUILLEM
and PURCELL.
28.

For these reasons, because of the similarities between the BuzzBallz Marks and the

term BoozeBox, because of the similarity between the BoozeBox product packaging and the
BuzzBallz Trade Dress, and because of the misappropriation of the BuzzBallz Trade Secrets, all
of which have been done in a willful and malicious effort to unfairly compete with BUZZBALLZ
and deprive it of the benefits of its commercial efforts, BUZZBALLZ comes now and brings this
complaint for infringement of its trademarks, infringement of its trade dress, and misappropriation
of its trade secrets, as more specifically pled for below.
IV.

SUMMARY OF CAUSES OF ACTION AND CLAIMS FOR RELIEF

29.

Plaintiff hereby reincorporates paragraphs 1 through 28 above by reference as if

fully set forth herein.

30.

This is a suit for trademark infringement and trade secret misappropriation and for

related causes of action and relief, as follows: i) Trademark Infringement under 15 U.S.C.

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1114(1)(a); ii) Trade Dress Infringement under 15 U.S.C. 1125(a)(1)(A); iii) Breach of NonDisclosure Agreement; iv) Breach of Fiduciary Duty; v) Misappropriation of Trade Secrets; vi)
Unfair Competition; and vii) Civil Conspiracy, as follows:
A.

COUNT I: TRADEMARK INFRINGEMENT UNDER 15 U.S.C. 1114(1)(A)

31.

Plaintiff owns the BuzzBallz Marks.

32.

Plaintiff has protectable rights in the BuzzBallz Marks.

33.

Plaintiffs use of the BuzzBallz Marks predates Defendant JEMBEVCOs use of

the term BoozeBox in that the alleged first use date for the term BoozeBox is August 29, 2014.
34.

Defendant JEMBEVCOs use of the term BoozeBox is in the same class as

Plaintiffs use of its BuzzBallz Marksnamely, International Class 33.

35.

Plaintiff is the owner of valid, protectable, and registered trademarksnamely, the

BuzzBallz Marksthe primary significance of which, in the minds of the public, is to identify the
source of the product in addition to the product itself.
36.

Plaintiff, by its commercial and marketing efforts, has developed substantial

consumer goodwill in and awareness of its BuzzBallz Marks.

37.

Defendant JEMBEVCO has infringed upon Plaintiffs exclusive right to use its

proprietary BuzzBallz Marks by, inter alia, placing into commerce, offering to sell, selling, and/or
distributing goods under and/or bearing a colorable imitation of the BuzzBallz Marksnamely,
the term BoozeBoxwithout Plaintiffs consent.
38.

Such unauthorized use of the term BoozeBox by Defendant JEMBEVCO has

caused actual confusion and is likely to continue causing confusion, mistake, or deception to the
public.

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39.

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As such, Defendant JEMBEVCO has infringed Plaintiffs BuzzBallz Marks in

violation of 15 U.S.C. 1114(1)(a).

40.

Upon information and belief, Defendant JEMBEVCO, in combination with others,

used the term BoozeBox with the intent and in a willful attempt to trade upon the consumer
goodwill and awareness Plaintiff has developed in its BuzzBallz Marks by using a substantially
similar mark likely to mislead, deceive, or confuse consumers.
41.

Pursuant to 15 U.S.C. 1116, Plaintiff respectfully requests that the Court enter a

permanent injunction against Defendant JEMBEVCO, enjoining it from using the term
BoozeBox or any confusingly similar variant thereof.
42.

Pursuant to 15 U.S.C. 1117, Plaintiff is entitled to recover Defendant

JEMBEVCOs profits arising from its use of the term BoozeBox, as well as the costs of this
action and damages to Plaintiff caused by such use.
B.

COUNT II: TRADE DRESS INFRINGEMENT UNDER 15 U.S.C. 1125(A)(1)(A)

43.

Plaintiff is the owner of valuable and protectable trade dress rights in its BuzzBallz

Trade Dress for the packaging of its products sold under the BuzzBallz Marks.
44.

Such BuzzBallz Trade Dress is, in its entirety, legally nonfunctional.

45.

Further, such BuzzBallz Trade Dress is, in its entirety, inherently distinctive, being

arbitrary in its design.

46.

Moreover, such BuzzBallz Trade Dress has acquired secondary meaning in that the

primary significance of such BuzzBallz Trade Dress in the minds of consumers is as an indication
of the source of the products.
47.

Plaintiff, by its commercial and marketing efforts, has developed substantial

consumer goodwill in and awareness of its BuzzBallz Trade Dress.

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48.

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Defendant JEMBEVCO, in connection with its products under the term

BoozeBox, has developed and placed into commerce product packing in imitation of and bearing
a substantial similarity to the BuzzBallz Trade Dress, which product packaging is likely to cause,
and has caused, confusion, mistake, or deception as to the source, sponsorship, and/or approval of
Defendant JEMBEVCOs goods.
49.

Such use of deceptively similar product packaging by Defendant JEMBEVCO

constitutes a false and misleading designation likely to cause confusion as to the source of
Defendant JEMBEVCOs goods in violation of 15 U.S.C. 1125(a).
50.

Moreover, upon information and belief, Defendant JEMBEVCO, in combination

with others, developed and used its product packaging with the intent and in a willful attempt to
trade upon the consumer goodwill and awareness Plaintiff has developed in its BuzzBallz Trade
Dress by imitating such trade dress.
51.

Pursuant to 15 U.S.C. 1116, Plaintiff respectfully requests that the Court enter a

permanent injunction against Defendant JEMBEVCO, enjoining it from using any product
packaging bearing a substantial similarity to Plaintiffs BuzzBallz Trade Dress.
52.

Pursuant to 15 U.S.C. 1117, Plaintiff is entitled to recover Defendant

JEMBEVCOs profits arising from its infringement of Plaintiffs BuzzBallz Trade Dress, as well
as the costs of this action and damages to Plaintiff caused by such infringement.
C.

COUNT III: BREACH OF NON-DISCLOSURE AGREEMENT

53.

Plaintiff and Defendant GUILLEM had between them a valid and enforceable

contractnamely, the Non-Disclosure Agreementwhereby Defendant GUILLEM was

constrained not to disclose to third parties any confidential information provided to him by

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Plaintiff, including, but not limited to, product formulas, product manufacturing processes, and
marketing strategies.
54.

Plaintiff employed and provided confidential information to Defendant GUILLEM

on the basis of and in reliance upon his assent to the constraints of the Non-Disclosure Agreement.
55.

Notwithstanding his execution of the Non-Disclosure Agreement, upon

information and belief, Defendant GUILLEM disclosed Plaintiffs confidential information to

Plaintiffs competitor, Defendant JEMBEVCO.
56.

Defendant GUILLEMs breach of his covenants in the Non-Disclosure Agreement

has caused harm to Plaintiff, including, but not limited to, lost sales, lost market share, and lost
competitive advantage.
57.

Plaintiff respectfully requests that the Court enter judgment against Defendant

GUILLEM for Plaintiffs damages arising from Defendant GUILLEMs breach of the NonDisclosure Agreement.
D.

COUNT IV: BREACH OF FIDUCIARY DUTY

58.

Plaintiff and Defendant PURCELL had between them a fiduciary relationship as a

result of Plaintiffs employment of Defendant PURCELL, whereby Defendant PURCELL owed a

fiduciary duty to Plaintiff and was obligated to act in Plaintiffs interests.
59.

Upon information and belief, during the course of his employment with Plaintiff

and the existence of the fiduciary relationship, Defendant PURCELL breached his fiduciary duty
to Plaintiff by disclosing to Defendant GUILLEM and/or Defendant JEMBEVCO certain
confidential and proprietary information belonging to Plaintiff, including, but not limited to
manufacturing and operating specifications and procedures.

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60.

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Defendant PURCELLs breach of his fiduciary duty to Plaintiff has caused harm to

Plaintiff, including, but not limited to, lost sales, lost market share, and lost competitive advantage.
61.

Plaintiff respectfully requests that this Court enter judgment against Defendant

PURCELL for Plaintiffs damages arising from Defendant PURCELLs breach of his fiduciary
duty.
E.

COUNT V: MISAPPROPRIATION OF TRADE SECRETS

62.

Plaintiff owned and owns certain valuable and proprietary information, which

information has been and is the subject of reasonable efforts by Plaintiff to maintain the secrecy
thereof, that derives independent economic value, both actual and potential, from not being
generally known to, nor readily ascertainable by proper means by, other persons who can obtain
economic value from its disclosure or useto wit, the BuzzBallz Trade Secrets.
63.

Upon information and belief, Defendant JEMBEVCO, in concert with Defendant

GUILLEM and/or Defendant PURCELL, misappropriated all or some of the BuzzBallz Trade
Secrets by inducing Defendant GUILLEM and/or Defendant PURCELL to breach their respective
relationships with and obligations to Plaintiff and/or by accepting and using such BuzzBallz Trade
Secrets despite knowing or having reason to know that such information was procured through
breach of duties to Plaintiff.
64.

Upon information and belief, Defendant JEMBEVCOs misappropriation of

Plaintiffs BuzzBallz Trade Secrets was done willfully and maliciously in a concerted effort and
attempt to deprive Plaintiff of the commercial benefits arising from its efforts in researching,
developing, and protecting its BuzzBallz Trade Secrets.

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65.

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Pursuant to Tex. Civ. Prac. & Rem. Code 134A.003, Plaintiff respectfully

requests that the Court enter a permanent injunction against Defendants JEMBEVCO, GUILLEM,
and PURCELL, enjoining them from using any portion of the BuzzBallz Trade Secrets.
66.

Defendant JEMBEVCOs misappropriation of Plaintiffs BuzzBallz Trade Secrets

has caused harm to Plaintiff, including, but not limited to, lost sales, lost market share, and lost
competitive advantage.
67.

Pursuant to Tex. Civ. Prac. & Rem. Code 134A.004, Plaintiff respectfully

requests that the Court enter judgment against Defendant JEMBEVCO for Plaintiffs damages
arising from Defendant JEMBEVCOs misappropriation of the BuzzBallz Trade Secrets,
including Plaintiffs actual losses and Defendant JEMBEVCOs unjust enrichment. Plaintiff
further respectfully requests that, in consideration of the willful and malicious nature of Defendant
JEMBEVCOs misappropriation, the Court award exemplary damages to Plaintiff of up to twice
Plaintiffs actual damages.
F.

COUNT VI: UNFAIR COMPETITION

68.

Plaintiff, by its commercial efforts, has researched, developed, and successfully

marketed a novel line of products and has engendered valuable consumer goodwill.
69.

Defendant JEMBEVCO has engaged in a concerted effort to deprive Plaintiff of

the benefits of Plaintiffs commercial efforts and trade upon the consumer goodwill Plaintiff has
established in its goods by creating a slavish imitation of Plaintiffs goods utilizing the knowledge
and experience gained by Defendants GUILLEM and PURCELL as a result of the trust that
Plaintiff placed in them in the course of their respective fiduciary relationships with Plaintiff.
70.

By slavishly imitating Plaintiffs products and seeking to trade upon the consumer

goodwill therein, Defendant JEMBEVCO is seeking to perpetuate a fraud on consumers by

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causing them to mistake Defendant JEMBEVCOs products for Plaintiffs and is unfairly
competing with Plaintiff.
71.

Defendant JEMBEVCOs unfair competition has caused and/or is likely to cause

Plaintiff actual damages, including lost profits and lost market share.
72.

Accordingly, Plaintiff respectfully requests that the Court enter judgment against

Defendant JEMBEVCO for Plaintiffs damages arising from Defendant JEMBEVCOs unfair
competition, including Plaintiffs actual losses and Defendant JEMBEVCOs unjust enrichment.
G.

COUNT VII: CIVIL CONSPIRACY

73.

Defendants JEMBEVCO, GUILLEM, and PURCELL were and are members of a

combination, the object of which was to accomplish certain unlawful purposes and/or lawful
purposes by unlawful means. To wit, Defendants, together with others, have engaged in various
acts as set forth aboveincluding, but not limited to, trademark infringement, trade dress
infringement, and trade secret misappropriationthe overall purpose of which was a concerted
effort to unlawfully deprive Plaintiff of the commercial benefits of its efforts to create, develop,
market, and sell its products under the BuzzBallz Mark and BuzzBallz Trade Dress and to give
Defendant JEMBEVCO the unearned benefit of such efforts by allowing for swifter entry into the
market and the unfair taking of a portion of Plaintiffs hard-won market share.
74.

Defendants JEMBEVCO, GUILLEM, and PURCELL had among them a meeting

of the minds as to the object of their combination.

75.

Defendants JEMBEVCO, GUILLEM, and PURCELL committed the unlawful and

overt acts complained of hereinabove in furtherance of the object of their combination.

76.

Plaintiff has suffered injuries as a proximate result of Defendants JEMBEVCO,

GUILLEM, and PURCELLs overt and unlawful acts.

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77.

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Accordingly, Plaintiff respectfully requests that the Court hold Defendants

JEMBEVCO, GUILLEM, and PURCELL jointly and severally liable for the wrongful acts
complained of hereinabove.
V.
78.

ATTORNEYS FEES

Because of the conduct of Defendants, Plaintiff has been compelled to engage the

services of an attorney to prosecute this action. Because of the willful and intentional nature of
Defendant JEMBEVCOs infringement of Plaintiffs BuzzBallz Marks and BuzzBallz Trade
Dress, this case is exceptional, and the Court may award Plaintiff its reasonable attorneys fees,
pursuant to 15 U.S.C. 1117. Additionally, because of the willful and malicious nature of
Defendant JEMBEVCOs misappropriation of the BuzzBallz Trade Secrets, the Court may award
Plaintiff its reasonable attorneys fees, pursuant to Tex. Civ. Prac. & Rem. Code 134A.005.
Accordingly, in the event that Plaintiff prevails on its cause of action for trademark infringement,
trade dress infringement, and/or trade secret misappropriation Plaintiff respectfully requests that
the Court award it a reasonable sum for the necessary services of Wilson Legal Group P.C. incurred
in the preparation and trial of this action and any resulting appeal.
VI.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff BUZZBALLZ, L.L.C. prays that

this Court enter judgment against Defendants JEM BEVERAGE COMPANY, L.L.C. F/K/A JEM
BEVERAGE COMPANY, INC.; CARLOS G. GUILLEM; and ADAM M. PURCELL, holding
them jointly and severally liable for Plaintiffs claims for Trademark Infringement under 15 U.S.C.
1114(1)(a); Trade Dress Infringement under 15 U.S.C. 1125(a)(1)(A); Breach of NonDisclosure Agreement; Breach of Fiduciary Duty; Misappropriation of Trade Secrets; Unfair
Competition; and Civil Conspiracy. Plaintiff further prays that the Court enter a permanent

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injunction against Defendant JEMBEVCO, enjoining it from using the term BoozeBox, any
confusingly similar variant thereof, and any product packaging bearing a substantial similarity to
the BuzzBallz Trade Dress. Plaintiff further prays that the Court enter a permanent injunction
against all Defendants, enjoining them from using and/or disseminating any of the BuzzBallz
Trade Secrets. Plaintiff prays that the Court award Plaintiff its actual damages and Defendant
JEMBEVCOs profits arising from Defendant JEMBEVCOs use of the Term BoozeBox,
product packaging bearing a substantial similarity to the BuzzBallz Trade Dress, and/or any of the
BuzzBallz Trade Secrets; award Plaintiff its actual damages arising from Defendant GUILLEMs
breach of the Non-Disclosure Agreement; award Plaintiff its actual damages arising from
Defendant PURCELLs breach of his fiduciary duty to Plaintiff; award Plaintiff exemplary
damages of up to twice its actual damages arising from Defendant JEMBEVCOs willful and
malicious misappropriation of the BuzzBallz Trade Secrets; and award Plaintiff its costs and
reasonable attorneys fees. Plaintiff prays for such further relief, at law or in equity, to which it
may show itself entitled.
DATED: February 19, 2015.

Respectfully submitted,
WILSON LEGAL GROUP P.C.
By:

/s/John T. Wilson
John T. Wilson
State Bar No. 24008284
john@wilsonlegalgroup.com
Kandace D. Walter
State Bar No. 24047068
kandace@wilsonlegalgroup.com
16610 Dallas Parkway, Suite 1000
Dallas, Texas 75248
(T) 972.248.8080;
(F) 972.248.8088;

ATTORNEYS FOR PLAINTIFF

BUZZBALLZ, L.L.C.

PLAINTIFFS ORIGINAL COMPLAINT

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EXHIBIT A

Case 3:15-cv-00588-L Document 1-1 Filed 02/19/15

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Case 3:15-cv-00588-L Document 1-2 Filed 02/19/15

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EXHIBIT B

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EXHIBIT C

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EXHIBIT D

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EXHIBIT E

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