Professional Documents
Culture Documents
1
2
3
4
5
6
7
8
10
11
12
13
14
v.
15
16
17
18
19
Defendants.
20
(4)CALIFORNIA REGISTERED
TRADEMARK INFRINGEMENT;
21
(5)CALIFORNIA REGISTERED
TRADEMARK DILUTION;
22
23
24
25
26
27
28
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
COMPLAINT
1
2
3
4
JURISDICTION
1.
competition under the Lanham 15 U.S.C. 1051 et seq., California Business and
Professions Code 14200 et seq., and California common law. The Court has
subj
ect matter j
urisdiction over the trademark claims pursuant to 28 U.S.C. 1331
U.S.C. 1367.
10
2.
11
12
PARTIES
3.
13
laws of the State of Delaware with its principal place of business at Three Limited
14
15
4.
16
17
18
sport/athletic apparel, beauty products and a variety of other products and services.
19
5.
20
21
22
23
24
6.
25
26
and belief, Michael Ray operates businesses and maintains internet identities under
27
28
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
-1-
COMPLAINT
7.
www.amichaelrayproj
ect.com, as well as numerous internet and social media sites
5
6
10
11
12
9.
purpose and has never directed any commercial for Victorias Secret.
10.
13
they are commercials he directed for Victorias Secret. In connection with these
14
videos he has used the Victorias Secret name and well-known VICTORIAS
15
16
11.
17
YouTube under the user names LondonPhilms and Hugh Tubbe. These videos also
18
19
reels and/or footage from auditions he hosted to produce and direct Victorias
20
21
at the beginning of the video that reads Michael Ray TVand then Victorias
22
23
12.
24
Victorias Secret name and marks to solicit aspiring actresses and models to
25
26
27
28
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
-2-
COMPLAINT
13.
website are that [he]has directed TV spots for Budweiser, Coors (sic) Lite,
14.
trademarks in his advertising, marketing, distribution, and sale of his goods and
10
11
12
15.
13
14
15
16
17.
17
18
19
advertisement, display, promotion, marketing, distribution, sale and/or offer for sale
20
21
18.
22
19.
23
24
25
26
27
28
20.
conduct.
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
-3-
COMPLAINT
1
2
3
22.
infringing conduct.
23.
suffered, is suffering, and will continue to suffer irreparable harm and, unless
Defendant is enj
oined, the harm will continue. Victorias Secret has no adequate
remedy at law.
9
10
11
24.
12
services in conj
unction with the VICTORIAS SECRETand VStrademarks
13
and the substantial investment in building the strength and recognition of them, the
14
15
26.
16
VStrademarks began after they became famous and his conduct has caused
17
18
27.
19
20
goodwill of them.
21
22
23
28.
24
25
SECRETand VStrademarks.
26
27
30.
28
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
-4-
COMPLAINT
31.
suffered, is suffering, and will continue to suffer irreparable harm and, unless
Defendant is enj
oined, the harm will continue. Victorias Secret has no adequate
remedy at law.
7
8
9
10
32.
11
34.
12
35.
13
14
15
36.
16
17
trademarks as well as the goodwill associated with them. Unless restrained and
18
enj
oined by this Court, the Defendants conduct will permit him to gain an unfair
19
20
Secret trademarks, and allow Defendant to claim his work has been sponsored or
21
22
23
24
37.
25
complaint have been committed with the intention of deceiving and misleading the
26
27
28
39.
suffered, is suffering, and will continue to suffer irreparable harm and, unless
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
-5-
COMPLAINT
Defendant is enj
oined, the harm will continue. Victorias Secret has no adequate
remedy at law.
5
6
7
40.
10
distribution, sale and/or offer for sale of his goods and services.
11
42.
12
43.
13
14
15
16
17
18
19
20
21
44.
conduct.
46.
infringing conduct.
47.
22
suffered, is suffering, and will continue to suffer irreparable harm and, unless
23
Defendant is enj
oined, the harm will continue. Victorias Secret has no adequate
24
remedy at law.
25
26
27
28
48.
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
-6-
COMPLAINT
49.
services in conj
unction with the VICTORIAS SECRETand VStrademarks
and the substantial investment in building the strength and recognition of them, the
50.
became famous and has caused dilution of the distinctive quality of the marks, in
8
9
10
11
12
13
51.
14
15
SECRETand VStrademarks.
16
17
18
54.
19
suffered, is suffering, and will continue to suffer irreparable harm and, unless
20
Defendant is enj
oined, the harm will continue. Victorias Secret has no adequate
21
remedy at law.
22
23
24
25
26
56.
27
28
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
-7-
COMPLAINT
1
2
3
58.
Secret has sustained damages and Defendant has received wrongful gains.
59.
suffering, and will continue to suffer irreparable harm and, unless Defendant is
enj
oined, the irreparable harm will continue. Victorias Secret has no adequate
remedy at law.
9
10
11
60.
12
13
the marks, consumers associate and recognize the marks as representing a single
14
15
16
17
62.
18
63.
19
64.
20
21
22
23
24
25
26
27
65.
conduct.
67.
infringing conduct.
28
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
-8-
COMPLAINT
68.
suffered, is suffering, and will continue to suffer irreparable harm and, unless
Defendant is enj
oined, the harm will continue. Victorias Secret has no adequate
remedy at law
69.
and j
ustifies imposition of punitive and exemplary damages under California Civil
Code 3294.
10
11
1.
12
13
14
Victorias Secrets intellectual property rights in any manner, including, but not
15
16
17
distribution, sale and/or offer for sale of his goods and services, or otherwise
18
19
2.
20
21
22
a.
23
24
25
b.
26
27
and
28
c.
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
- 9-
COMPLAINT
promotion, marketing, distribution, sale and/or offer for sale of his goods and
services;
3.
That Defendant be directed to file with the Court and serve upon
writing under oath setting forth in detail the manner and form in which Defendant
4.
5.
10
6.
11
12
7.
13
8.
14
9.
15
10.
For such other relief available under law that the Court deems just and
16
proper.
17
18
Dated:
DECHERT LLP
19
20
21
22
23
24
25
26
27
28
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
- 10 -
COMPLAINT
1
2
Dated:
DECHERT LLP
5
6
7
8
9
10
11
12
15732838.1
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
- 11 -
COMPLAINT