Case 1:16-cv-00606-MEH Document 1 Filed 03/15/16 USDC Colorado Page 1 of 23

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO
DENVER
PROFESSIONAL BULL RIDERS, LLC,
a Delaware limited liability corporation,
Plaintiff,
v.
XISC INTERNATIONAL SPORTS
CULTURE CO., LTD.
a Chinese corporation,
Serve pursuant to the Hague Convention
through the Peoples Republic of Chinas
Ministry of Justices International Legal
Cooperation Center

Case No.:

Defendant.

COMPLAINT AND JURY DEMAND

Plaintiff Professional Bull Riders, LLC, formerly known as Professional Bull Riders, Inc.
(PBR), for its Complaint and Jury Demand against Defendant XISC International Sports
Culture Co., Ltd. (XISC or Defendant), states and alleges as follows:
NATURE OF THE CASE
1.

PBR brings this action against Defendant for violation of the Lanham Act (15

U.S.C. 1051, et seq.), breach of contract, and declaratory judgment.

PARTIES
2.

PBR is a Colorado corporation having a principal place of business at 101 West

Riverwalk, Pueblo, Colorado 81003.

3.

Upon information and belief, XISC is a Chinese corporation originally having a

mailing address of 5th Floor, Jingchao Building No. 5 South Nongzhan Road Chaoyang District,
Beijing, China 100004.

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4.

Pursuant to Fed. R. Civ. P. 4(f)(1) and 4(h)(2), PBR will effect service of process

on Xinniu in accordance with the November 15, 1965 Hague Convention on the Service Abroad
of Judicial and Extrajudicial Documents in Civil or Commercial Matters and through the
Peoples Republic of Chinas Ministry of Justices International Legal Cooperation Center,
which is the designated Central Authority.
5.

Upon information and belief, XISC has closed its office in China and no longer

maintains a physical address.

JURISDICTION AND VENUE
6.

This Court has jurisdiction over PBRs claims pursuant to 28 U.S.C. 1331,

1338(a), 1367, and 2201.

7.

This Court has personal jurisdiction over XISC because XISC has transacted

business with PBR, much of which was to be conducted in the State of Colorado, and XISC
consented to jurisdiction in this state by contract.
8.

Venue is proper in this district pursuant to 28 U.S.C. 1391 and 1400 because a

substantial part of the events giving rise to these claims occurred in this District.

XISC

consented to venue in this Court by contract.

FACTUAL BACKGROUND
A. PBRs Business
9.

PBR was formed in 1992 to promote, organize and sponsor bull riding events

throughout the United States and abroad.

10.

Due in large part to PBRs efforts, bull riding has become one of the fastest

growing sports in the country, setting new milestones in membership, recognition and media
attention.
11.

PBR events are watched by over 100 million viewers each year on network and

cable television in the United States. Additionally, foreign broadcasts of PBR events reach more
than 84 countries and 500 million households worldwide on an annual basis.
12.

PBRs live bull riding events also have enjoyed strong growth in attendance. In

1995, 310,000 fans attended PBR events across the nation. Today, PBR events attract over 1.5
million attendees each year.
13.

PBR has expanded internationally and today hosts events in multiple countries,

including Canada, Mexico, Brazil and Australia.

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B. PBRs Trademarks
14.

From its inception in 1992, PBR consistently and exclusively has used the

trademarks PROFESSIONAL BULL RIDERS, and PBR, as well as other marks and slogans
(collectively, the PBR Marks) to identify its sporting events, related entertainment services,
and a wide range of goods.
15.

Due to PBRs long-standing, extensive and exclusive use of the PBR Marks, they

have acquired distinctiveness in the minds of the relevant public and have become well-known as
identifying PBRs goods and services.
16.

In recognition of PBRs exclusive right to use the PBR Marks, the United States

Patent and Trademark Office (USPTO) has granted PBR numerous trademark registrations,
including those summarized in the table below (the registered marks identified below are
included among the PBR Marks):
WORDS
BULL & RIDER
*Design Only

REG. NO.
3,022,769

REG. DATE
12/06/2005

BULL & RIDER

*Design Only

3,583,312

03/03/2009

3
4832-2737-6686.1

GOODS DESCRIPTION
PRINTED MATTER, NAMELY,
POSTERS AND BROCHURES ABOUT
BULL RIDING, DECALS, BUMPER
STICKERS, CALENDARS, PENS AND
NEWSPAPERS AND MAGAZINES
ABOUT BULL RIDING; CLOTHING
FOR MEN AND WOMEN, NAMELY,
SHIRTS, SWEATSHIRTS, BASEBALL
STYLE CAPS AND JACKETS;
ENTERTAINMENT SERVICES,
NAMELY, ARRANGING,
SPONSORING AND CONDUCTING
SPORTS COMPETITIONS IN THE
FIELD OF BULL RIDING; AND FAN
CLUBS
BAR SERVICES

Case 1:16-cv-00606-MEH Document 1 Filed 03/15/16 USDC Colorado Page 4 of 23

BULL HEAD
*Design Only

3,044,118

01/17/2006

PRINTED MATTER, NAMELY,

POSTERS AND BROCHURES ABOUT
BULL RIDING, DECALS, BUMPER
STICKERS, CALENDARS, PENS AND
NEWSPAPERS AND MAGAZINES
ABOUT BULL RIDING;
CLOTHING FOR MEN AND WOMEN,
NAMELY, SHIRTS, SWEATSHIRTS,
BASEBALL STYLE CAPS AND
JACKETS; ENTERTAINMENT
SERVICES, NAMELY, ARRANGING,
SPONSORING AND CONDUCTING
SPORTS COMPETITIONS IN THE
FIELD OF BULL RIDING; AND FAN
CLUBS

3,088,091

05/02/2006

ANIMAL FEED

PBR LTD.

3,857,925

10/05/20 10

CLOTHING, T-SHIRTS,
SWEATSHIRTS, LONG SLEEVE
SHIRTS, WOVEN SHIRTS, THERMAL
UNDERWEAR, FLEECE VESTS,
FLEECE TOPS, FLEECE PANTS,
FLEECE JACKETS, HATS, BEANIES

PBR IRON COWBOY

4,345,838

6/4/2013

SHIRTS, T-SHIRTS, TOPS;

ENTERTAINMENT SERVICES,
NAMELY, ARRANGING AND
CONDUCTING SPORTS
COMPETITIONS IN THE FIELD OF
BULL RIDING

4
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PBR PROFESSIONAL
BULL RIDERS

3,092,112

05/16/2006

PBR PROFESSIONAL
BULL RIDERS

2,691,460

02/25/2003

5
4832-2737-6686.1

PRINTED MATTER, NAMELY,

POSTERS AND BROCHURES ABOUT
BULL RIDING, DECALS, BUMPER
STICKERS, CALENDARS, PENS AND
NEWSPAPERS AND MAGAZINES
ABOUT BULL RIDING;
ENTERTAINMENT SERVICES,
NAMELY, ARRANGING,
SPONSORING AND CONDUCTING
SPORTS COMPETITIONS IN THE
FIELD OF BULL RIDING; AND FAN
CLUBS
BELT BUCKLES OF PRECIOUS
METAL; RINGS BEING JEWELRY
MADE OF PRECIOUS METAL;
ORNAMENTAL PINS; WATCHES
AND CLOCKS; PRINTED MATTER,
NAMELY, POSTERS AND
BROCHURES ABOUT BULL RIDING,
DECALS, BUMPER STICKERS,
CALENDARS, PENS, AND
NEWSPAPERS AND MAGAZINES
ABOUT BULL RIDING; CLOTH
GARMENT BAGS FOR TRAVEL,
BRIEFCASES AND ALL-PURPOSE
SPORTS EQUIPMENT BAGS;
PLASTIC BANNERS AND PLASTIC
PENNANTS; DRINKING GLASSES,
BEVERAGE GLASSWARE, COFFEE
MUGS AND COFFEE CUPS;
CLOTHING FOR MEN AND WOMEN,
NAMELY, SHIRTS, SWEATSHIRTS,
BASEBALL STYLE CAPS AND
JACKETS; ENTERTAINMENT
SERVICES, NAMELY, ARRANGING
AND CONDUCTING SPORTS
COMPETITIONS IN THE FIELD OF
BULL RIDING AND FAN CLUBS

Case 1:16-cv-00606-MEH Document 1 Filed 03/15/16 USDC Colorado Page 6 of 23

3,619,950

05/12/2009

COMPUTER GAMES AND VIDEO

GAMES, NAMELY,
DOWNLOADABLE MULTIMEDIA
FILE CONTAINING VIDEO, GAMES,
AND INTERNET WEB LINKS
RELATING TO COMPUTER GAMES;
AND VIDEO GAMES, NAMELY,
COMPUTER PROGRAMS FOR USE IN
COMPUTER GAMES AND VIDEO
GAMES

3,092,012

05/16/2006

TRADING CARD GAMES; ACTIVITY

TOYS, NAMELY, ACTION FIGURES,
TOY VEHICLES AND TOY ANIMALS

3,720,726

12/08/2009

BAR SERVICES

3,085,917

04/25/2006

ANIMAL FEED

3,780,363

04/27/010

DIGITAL MEDIA, NAMELY, DVDS

FEATURING BULL RIDING

3,938,601

03/29/2011

AIR FRESHENING PREPARATIONS

DESIGNED FOR VEHICLES;
VEHICLE ACCESSORIES, NAMELY,
WINDSHIELD SUN SHADES, SUN
VISORS, SIDE AND REAR WINDOW
SUN SHADES, SEAT COVERS,
STEERING WHEEL COVERS, CARGO
BAGS AND CASES, VEHICLE
TRUNK ORGANIZER BAGS AND
CASES, VEHICLE GLOVE
COMPARTMENT BAGS AND CASES,
VEHICLE CONSOLE ORGANIZER
BAGS AND CASES, ORGANIZER
BAGS AND CASES THAT ATTACH
TO A VEHICLE SEAT; ROOF
MOUNTED LOAD CARRIERS FOR
USE ON VEHICLES; FITTED COVERS
FOR VEHICLES; FLOOR MATS FOR
VEHICLES

6
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PBR

3,097,240

05/30/2006

2,207,333

12/01/1998

3,249,568

06/05/2007

7
4832-2737-6686.1

BELT BUCKLES, ORNAMENTAL

PINS, MONEY CLIPS, WATCHES,
CLOCKS AND RINGS MADE OF
PRECIOUS METAL; CLOTH
GARMENT BAGS FOR TRAVEL;
WALLETS, BRIEFCASES AND ALLPURPOSE SPORTS EQUIPMENT
BAGS; PLASTIC KEY CHAIN TAGS;
NON-METAL AND NON-LEATHER
KEY CHAINS; DRINKING GLASSES,
BEVERAGE GLASSWARE, COFFEE
MUGS AND COFFEE CUPS;
CLOTHING FOR MEN AND WOMEN,
NAMELY, SHIRTS, SWEATSHIRTS,
BASEBALL STYLE CAPS, JACKETS
AND FOOTWEAR; AND BELTS;
TOYS AND GAMES, NAMELY,
BOARD GAMES, TRADING CARDS
GAMES, CARD GAMES, AND
PUZZLES; ACTIVITY TOYS,
NAMELY, TOY ACTION FIGURES,
TOY VEHICLES AND TOY
ANIMALS; BARBECUE SAUCE
PRINTED MATTER, NAMELY
POSTERS AND BROCHURES
CONCERNING BULL RIDING,
DECALS, AND NEWSPAPERS AND
MAGAZINES CONCERNING BULL
RIDING
ENTERTAINMENT IN THE NATURE
OF COMPETITIONS IN THE FIELD
OF BULL RIDING

Case 1:16-cv-00606-MEH Document 1 Filed 03/15/16 USDC Colorado Page 8 of 23

PBR

3,583,992

03/03/2009

COMPUTER GAMES AND VIDEO

GAMES, NAMELY,
DOWNLOADABLE MULTIMEDIA
FILE CONTAINING VIDEO, GAMES,
AND INTERNET WEB LINKS
RELATING TO COMPUTER GAMES;
AND VIDEO GAMES, NAMELY,
COMPUTER PROGRAMS FOR USE IN
COMPUTER GAMES AND VIDEO
GAMES

3,554,142
3,945,205

12/30/2008
04/12/2011

BAR SERVICES
FLOOR MATS FOR VEHICLES; AIR
FRESHENING PREPARATIONS
DESIGNED FOR VEHICLES;
VEHICLE ACCESSORIES, NAMELY,
WINDSHIELD SUN SHADES, SUN
VISORS, SIDE AND REAR WINDOW
SUN SHADES, SEAT COVERS,
STEERING WHEEL COVERS, CARGO
BAGS AND CASES, VEHICLE
TRUNK ORGANIZER BAGS AND
CASES, VEHICLE GLOVE
COMPARTMENT BAGS AND CASES,
VEHICLE CONSOLE ORGANIZER
BAGS AND CASES, ORGANIZER
BAGS AND CASES THAT ATTACH
TO A VEHICLE SEAT; ROOF
MOUNTED LOAD CARRIERS FOR
USE ON VEHICLES; FITTED
COVERS FOR VEHICLES

3,052,710

01/31/2006

CLOTHING FOR MEN AND WOMEN,

NAMELY, SHIRTS, SWEATSHIRTS,
BASEBALL STYLE CAPS AND
JACKETS; TOYS AND GAMES,
NAMELY, BOARD GAMES,
TRADING CARD GAMES, CARD
GAMES, PUZZLES, ACTIVITY TOYS,
NAMELY, TOY ACTION FIGURES
AND ACCESSORIES THEREFORE

8
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3,721,254

12/08/2009

PBRNOW

3,739,839

01/19/2010

PRO BULL RIDER

2,822,593

03/16/2004

PUBLICATIONS, NAMELY, A
MULTI-MEDIA MAGAZINE
FEATURING BULL RIDING,
PROFESSIONAL BULL RIDERS AND
PROFESSIONAL BULL RIDING
EVENTS

PROFESSIONAL BULL
RIDERS

3,115,825

07/18/2006

CLOTHING FOR MEN AND WOMEN,

NAMELY, SHIRTS, SWEATSHIRTS,
BASEBALL STYLE CAPS AND
JACKETS; TRADING CARD GAMES;
ACTIVITY TOYS, NAMELY, ACTION
FIGURES, TOY VEHICLES AND TOY
ANIMALS; ENTERTAINMENT
SERVICES, NAMELY, ARRANGING,
SPONSORING AND CONDUCTING
SPORTS COMPETITIONS IN THE
FIELD OF BULL RIDING; AND FAN
CLUBS

9
4832-2737-6686.1

PRINTED MATTER, NAMELY,

POSTERS AND BROCHURES ABOUT
BULL RIDING, DECALS, BUMPER
STICKERS, CALENDARS, PENS,
MAGAZINES AND NEWSPAPERS
ABOUT BULL RIDING;
ENTERTAINMENT SERVICES,
NAMELY, ARRANGING AND
CONDUCTING SPORTS
COMPETITIONS IN THE FIELD OF
BULL RIDING, AND FAN CLUBS
EVENT PROGRAMS;
PUBLICATIONS, NAMELY,
MAGAZINES IN THE FIELDS OF
BULL RIDING; SOUVENIR
PROGRAMS CONCERNING BULL
RIDING

Case 1:16-cv-00606-MEH Document 1 Filed 03/15/16 USDC Colorado Page 10 of 23

17.

2,334,299

03/28/2000

3,661,382

07/28/2009

3,938,604

03/29/2011

PRINTED MATTER, NAMELY,

POSTERS AND BROCHURES ABOUT
BULL RIDING, DECALS, AND
NEWSPAPERS AND MAGAZINES
ABOUT BULL RIDING
COMPUTER GAMES AND VIDEO
GAMES, NAMELY,
DOWNLOADABLE MULTIMEDIA
FILE CONTAINING VIDEO, GAMES,
AND INTERNET WEB LINKS
RELATING TO COMPUTER GAMES;
AND VIDEO GAMES, NAMELY,
COMPUTER PROGRAMS FOR USE
IN COMPUTER GAMES AND VIDEO
GAMES
AIR FRESHENING PREPARATIONS
DESIGNED FOR VEHICLES;
VEHICLE ACCESSORIES, NAMELY,
WINDSHIELD SUN SHADES, SUN
VISORS, SIDE AND REAR WINDOW
SUN SHADES, SEAT COVERS,
STEERING WHEEL COVERS, CARGO
BAGS AND CASES, VEHICLE
TRUNK ORGANIZER BAGS AND
CASES, VEHICLE GLOVE
COMPARTMENT BAGS AND CASES,
VEHICLE CONSOLE ORGANIZER
BAGS AND CASES, ORGANIZER
BAGS AND CASES THAT ATTACH
TO A VEHICLE SEAT; ROOF
MOUNTED LOAD CARRIERS FOR
USE ON VEHICLES; FITTED
COVERS FOR VEHICLES; FLOOR
MATS FOR VEHICLES

Since its inception, PBR continually has expanded its brand throughout the world.

It has established strong fan bases in multiple countries, including but not limited to Canada,

10
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Mexico, Brazil, and Australia. PBR began expanding its brand into China within the past
decade.
18.

PBR has also registered its trademarks throughout the world.

19.

PBR has been granted numerous trademark registrations around the world,

including those summarized in the table below (the registered marks identified below are
included among the PBR Marks):
WORDS

COUNTRY

REG NO.

REG.
DATE

GOODS/SERVICES
DESCRIPTION

CANADA

TMA779123

10/5/2010

T-SHIRTS AND LONG

SLEEVE T-SHIRTS;
PRINTED MATTER,
NAMELY, POSTERS
AND BROCHURES,
DECALS AND
NEWSPAPERS AND
MAGAZINES
CONCERNING BULL
RIDING.
ENTERTAINMENT
SERVICES, NAMELY,
SPONSORING,
CONDUCTING AND
MANAGING SPORTS
COMPETITIONS IN
THE FIELD OF BULL
RIDING.

CANADA

TMA734857

2/19/2009

COMPUTER GAMES
AND VIDEO GAMES,
NAMELY,
DOWNLOADABLE
MULTIMEDIA FILE
CONTAINING VIDEO,
GAMES, AND
INTERNET WEB LINKS
RELATING TO
COMPUTER GAMES;
AND VIDEO GAMES,
NAMELY, COMPUTER
PROGRAMS FOR USE
IN COMPUTER GAMES
AND VIDEO GAMES

11
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CANADA

TMA724309

9/24/2008

GAMING MACHINES;
MONEY CLIPS, BELTS,
WALLETS, KEY
CHAINS; BEDDING,
NAMELY SHEETS,
PILLOW CASES, BED
COVERS, BLANKETS,
COMFORTERS AND
TOWELS; FOOTWEAR,
NAMELY, BOOTS AND
PROTECTIVE
FOOTWEAR; RUGS,
MATS AND WALL
COVERINGS; TOYS
AND GAMES,
NAMELY, BOARD
GAMES, TRADING
CARDS, CARD GAMES,
PUZZLES, TOY
ACTION FIGURES AND
ACCESSORIES
THEREFORE; TOYS
AND GAMES,
NAMELY, ACTIVITY
TOYS, NAMELY, TOY
FIGURINES AND
PLUSH TOYS;
BARBECUE SAUCE;
ANIMAL FEED.
ENTERTAINMENT
SERVICES, NAMELY,
SPONSORING AND
MANAGING SPORTS
COMPETITIONS IN
THE FIELD OF BULL
RIDING.

MEXICO

928983

04/17/2006

FORMS, POSTERS,
LEAFLETS, LABELS,
ADHESIVES,
STATIONERY,
CALENDERS,
MAGAZINES
RELATING TO
INCREASES THAN
FORUMS,

12
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DECALCOMANIAS,
NEWSPAPERS AND
PENS
MEXICO

1200753

2/11/2011

ENTERTAINMENT
NAMELY
ORGANISATION,
CONDUCTING AND
PIPING OF
COMPETITIONS
SPORTS IN THE FIELD
OF INCREASES THAN
BULL AND CLUB
THAN FANS
[ENTERTAINMENT OR
EDUCATIONS

BRAZIL

821736337

1/29/2013

AMUSEMENT
SERVICES,
ENTERTAINMENT
AND ANCILLARY;
SERVICES OF
ORGANISATION OF
EXHIBITIONS,
EXHIBITION;
CONGRESSES,
~ESPETCULO~
ARTISTIC, SPORTING
AND CULTURAL;
SERVICES OF
~CARTER~
SPORTING,
RECREATIONAL,
SOCIAL AND
CULTURAL, WITHOUT
AIM PROFIT

CTMCommunity
Trademark

3692118

6/7/2005

APPARATUS FOR
RECORDING,
TRANSMISSION OR
REPRODUCTION OF
SOUND OR IMAGES;
MAGNETIC DATA
CARRIERS,
RECORDING DISCS;
AUTOMATIC
VENDING MACHINES,

European
Countries
Included:
Austria,
Benelux
(Belgium, the
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Netherlands
and
Luxembourg),
Bulgaria,
Cyprus, the
Czech
Republic,
Denmark,
Estonia,
Finland,
France,
Germany,
Greece,
Hungary,
Ireland, Italy,
Latvia,
Lithuania,
Malta,
Poland,
Portugal,
Romania,
Slovakia,
Slovenia,
Spain,
Sweden and
the United
Kingdom

AUTOMATIC GAMING
AND
ENTERTAINMENT
MACHINES,
INCLUDING VIDEO
AND COMPUTER
GAMES. CLOTHING
EXCLUDING
FOOTWEAR;
HEADGEAR; SHIRTS,
SWEATSHIRTS,
BASEBALL STYLE
CAPS AND JACKETS.
28 GAMES AND
PLAYTHINGS; PLUSH
TOY BULLS AND
BULL MODELS;
BOARD GAMES; CARD
GAMES; PLAYING
CARDS; PUZZLES;
ACTIVITY TOYS; TOY
ACTION FIGURES AND
ACCESSORIES
THEREFORE,
AUTOMATIC GAMING
AND
ENTERTAINMENT
MACHINES,
INCLUDING VIDEO
AND COMPUTER
GAMES (TOKEN OR
COIN-OPERATED).
ENTERTAINMENT;
SPORTING AND
CULTURAL
ACTIVITIES;
ARRANGING AND
CONDUCTING SPORTS
COMPETITIONS IN
THE FIELD OF BULL
RIDING; FILM, AUDIO,
VIDEO AND
TELEVISION
PRODUCTION; FAN
CLUB SERVICES.

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CHINA

14438835

6/7/2015

ARRANGEMENTS AND
ORGANIZATIONS
HOSTING BULL
RIDING AND BULL
RIDING FAN CLUB
SPORTS THEME;
ORGANIZE
EDUCATIONAL OR
ENTERTAINMENT
CONTESTS; ARRANGE
AND ORGANIZE
TRAINING; ARRANGE
AND ORGANIZE
SPORTS
COMPETITIONS;
ORGANIZATIONAL
PERFORMANCE
(PERFORMANCE);
ENTERTAINMENT

CHINA

5423710

9/14/2009

RECREATIONAL
ACTIVITIES;
ORGANIZING,
ARRANGING SPORTS
(CONDUCTED
BETWEEN
BULLFIGHTING CLUB
BULLFIGHT);
ORGANIZE
EDUCATIONAL OR
ENTERTAINMENT
COMPETITIONS;
SCHEDULING AND
ORGANIZING
MEETINGS;
ORGANIZATION OF
SPORTS
COMPETITIONS;
ARRANGEMENT AND
ORGANIZATION OF
TRAINING COURSES;
ORGANIZATIONAL
PERFORMANCE
(PERFORMANCE)

15
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AUSTRALIA

1099015

16
4832-2737-6686.1

2/15/2006

GAMING MACHINES;
ELECTRONIC
APPARATUS
JEWELLERY, BELT
BUCKLES OF
PRECIOUS METALS,
RINGS, PINS,
WATCHES, CLOCKS
PRINTED MATTER,
PRINTED
PUBLICATIONS,
NEWSPAPERS,
POSTERS,
BROCHURES,
STICKERS,
CALENDARS,
MAGAZINES, DECALS,
STATIONERY, PENS
TEXTILES AND
TEXTILE GOODS
INCLUDING PILLOW
CASES, SHEETS, BED
COVERS, BLANKETS,
COMFORTERS AND
TOWELS
CLOTHING,
FOOTWEAR AND
HEADGEAR
INCLUDING SHIRTS,
SWEATSHIRTS, CAPS,
JACKETS
BELT BUCKLES
TOYS, GAMES AND
PLAYTHINGS
INCLUDING BOARD
GAMES, TRADING
CARDS, CARD GAMES,
PUZZLES, ACTIVITY
TOYS, TOY ACTION
FIGURES AND
ACCESSORIES
THEREFORE
ENTERTAINMENT
SERVICES,
ARRANGING AND
CONDUCTING SPORTS

Case 1:16-cv-00606-MEH Document 1 Filed 03/15/16 USDC Colorado Page 17 of 23

COMPETITIONS IN
THE FIELD OF BULL
RIDING AND FAN
CLUBS
INTERNATIONAL
REGISTRATION

927774

(DESIGNATED
COUNTRIES:
AL (ALBANIA)
AM (ARMENIA)
AU (AUSTRALIA)
AZ (AZERBAIJAN)
BG (BULGARIA)
BH (BAHRAIN)
BW (BOTSWANA)
BY (BELARUS)
GE (GEORGIA)
HR (CROATIA)
IR (IRAN
(ISLAMIC
REPUBLIC OF))
IS (ICELAND)
KE (KENYA)
LI
(LIECHTENSTEIN)
MD (MOLDOVA)
TM
(TURKMENISTAN
)
TR (TURKEY)
UZ
(UZBEKISTAN)
ZM (ZAMBIA)

20.

6/12/2007

COMPUTER GAMES
AND VIDEO GAMES,
NAMELY
DOWNLOADABLE
MULTIMEDIA FILE
CONTAINING VIDEO,
GAMES AND
INTERNET WEB LINKS
RELATING TO
COMPUTER GAMES;
VIDEO GAMES,
NAMELY COMPUTER
PROGRAMS FOR USE
IN COMPUTER GAMES
AND VIDEO GAMES

PBR uses the PBR Marks commercially in a variety of ways, including through

sponsoring live events and through various merchandising license agreements entered into with
third parties throughout the world.
C. PBRs Production Service Agreement with XISC
21.

XISC is, or was, engaged in the business of marketing, producing and presenting

live events.
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22.

PBR entered into a Production Service Agreement with XISC dated January 29,

2014, which was amended from time to time, including by amendments dated September 15,
2015 and November 13, 2015 (the Agreement).
23.

The Agreement was designed to allow PBR to stage live bull riding events in

China in collaboration with XISC.

24.

Pursuant to the Agreement, XISC was to produce a minimum number of bull

riding performances each year.

25.

The Agreement provided, among other things, that XISC was to purchase PBR

approved bucking bulls in a minimum number to allow staging of events in China. XISC also
was required to transport, feed, secure and house the bulls in keeping with PBR standard
requirements and animal welfare policies.
26.

Further, the Agreement required XISC to provide veterinary services necessary

for the health and welfare of the livestock, both at the events and at their housing area.
27.

Pursuant to the Agreement, PBR provided XISC with a non-exclusive, non-

transferable, limited license to use, throughout the Term [of the Agreement] and with PBRs
prior written approval, PBRs name and certain of its logos, trademarks and service marks,
together with related artwork, for the limited purpose of promoting, advertising and marketing
the Event(s).
28.

The Agreement also provides that neither XISC nor PBR shall produce, license,

contact, or otherwise participate in any event reasonably deemed to be competitive to the Events
contemplated hereunder during the Term nor for two (2) years thereafter in the Chinese markets
expressly contemplated herein.
29.

The Agreement provides that any material breach constitutes a default. In the

event that one party defaults under the Agreement and the other party does not, the party not in
default can (a) declare this Agreement to be null and void; and/or (b) pursue and enforce any
rights and remedies available at law, in equity or under or pursuant to this Agreement.
30.

In the event of a default, the Agreement provides that XISC must hold PBR

harmless and indemnify it for all costs and expenses incurred, including but not limited to
attorneys fees.

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D. XISC Breached the Agreement by Failing to Care for the Bulls

31.

With PBRs help, XISC purchased approximately 95 bucking bulls and imported

them into China. XISC also purchased other equipment, such as stalls and gates, necessary to
house the bulls.
32.

PBR and XISC worked together with the expectation of staging the first PBR live

bull riding event in China in July of 2014.

33.

XISC continually experienced problems and caused delay in consummating

production of a live event.

34.

On two separate occasions, PBR amended the Agreement and extended the time

within which XISC was required to produce live events.

35.

In early 2016, it became clear to PBR that XISC was having problems, and it lost

confidence in XISCs ability to produce the events.

36.

Between February 15, 2016 and February 18, 2016, a PBR representative visited

the locations in China where XISC had been housing the imported bulls. No bulls remained.
Accordingly, the PBR representative interviewed a number of local people and ultimately
confirmed that XISC had slaughtered all of the bulls.
E.

XISCs Bad Faith Trademark Applications

37.

Shortly after signing the Agreement, in or around March of 2014, XISC filed

twenty trademark applications with the Chinese Trademark Office. The trademark applications
are attached as Exhibit A.
38.

These twenty trademark applications comprise the following two marks:

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39.

The logo of a man riding a bull is a derivative of PBRs world famous bull and

rider marks.
40.

The applications comprising Chinese characters are identical to two applications

filed by PBR in China. (PBRs Chinese trademark applications are attached as Exhibit B. Note
that zhi ye dou niu shi ou xian gong si refers to PBR)
41.

XISC did not inform PBR that it filed the twenty trademark applications in China.

42.

XISC is listed as the sole owner of the twenty trademark applications.

43.

XISCs trademark applications are currently pending at the Chinese Trademark

Office.
F. PBRs Letter to XISC & Subsequent Termination of the Agreement
44.

On or about March 7, 2016, PBRs attorney sent XISC a letter regarding XISCs

anticipatory breach of the Agreement by slaughtering the bulls, breach of the Agreement by
filing twenty trademark applications in its own name for marks owned by PBR, and other various
breaches of the Agreement (the Termination Letter).
45.

Pursuant to the Agreement, the Termination Letter provided XISC with five days

to cure its breach with respect to the trademark applications by assigning those applications to
PBR.
46.

Because the bulls already were deceased, XISC had no ability to cure its breach

with respect to proper care of the bulls and provision of veterinary care, and the five day cure
period was therefore futile with respect to that breach.
47.

XISC did not make any attempt to cure any of its breaches within the five days

allotted in Agreement.
48.

A copy of the Termination Letter is attached and incorporated herein as Exhibit

C.
COUNT I
(Declaratory Judgment of Trademark Ownership and Interest)
49.

PBR hereby incorporates paragraphs 1-48 above as though fully set forth herein.

50.

Pursuant to the Agreement, including Section 23(e), PBR owns all right, title and

interest in and to the twenty Chinese trademark applications because they are derivatives of the
PBR Marks.

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51.

Accordingly, PBR requests that this Court find that PBR exclusively owns all

right, title and interest in and to the twenty Chinese trademark applications identified on Exhibit
A.
52.

PBR requests that this Court Order XISC to assign the twenty Chinese trademark

applications identified on Exhibit A to PBR and grant PBR the power of attorney to effect the
assignment of those marks.
COUNT II
(Trademark Dilution Under 43(a) of the Lanham Act)
53.

PBR hereby incorporates paragraphs 1-52 above as though fully set forth herein.

54.

The PBR Marks incorporating the bull and rider are distinctive, inherently or

through acquired distinctiveness, and are famous under 15 U.S.C. 1125(c).

55.

The PBR Marks and slogans, especially the bull and rider logo and PBR, are

famous marks among consumers in the United States.

56.

XISCs advertisement and use of the bull and rider marks is likely to cause

dilution of the PBR Marks.

57.

Upon information and belief, XISC willfully intended to trade on the recognition

of PBRs famous marks.

58.

XISCs conduct has caused and continues to cause damage and irreparable injury

to the value and goodwill of PBRs famous marks, as well as damage and irreparable injury to
PBRs business, goodwill, and reputation. PBR has no adequate remedy at law because damages
are continuing and difficult to ascertain.
59.

PBR is entitled to injunctive relief and damages, including its attorneys fees and

costs.
COUNT III
(Breach of Contract by XISC)
60.

PBR hereby incorporates paragraphs 1-59 above as though fully set forth herein.

61.

The Agreement is a valid and enforceable contract between XISC and PBR.

62.

XISC breached the Agreement by applying with the Chinese Trademark Office to

register the trademarks identified on Exhibit A in its own name.

63.

XISC breached the Agreement by failing to feed, secure and house the bulls in

keeping with PBR standard requirements and animal welfare policies.

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64.

XISC breached the Agreement by failing to provide veterinary services necessary

for the health and welfare of the livestock.

65.

PBR has at all times complied with all of its obligations under the Agreement.

66.

PBR provided XISC notice and an opportunity to cure its breaches, to the extent

possible.
67.

XISC made no effort to cure its breach of the Agreement.

68.

As a result of XISCs breach of the Agreement, the Agreement is deemed null and

void, and PBR may pursue any remedies available under the Agreement, at law or in equity for
breach of the Agreement.
69.

Because the Agreement is null and void, PBR has no obligation to comply with

any of the terms of the Agreement, including but not limited to any requirement it otherwise
would have had not to compete with XISC.
70.

Because the Agreement was breached by XISC, XISC remains obligated to PBR

to perform under the terms of the Agreement, which include but are not limited to XISCs
obligation not to compete with PBR by not participating in any event reasonably deemed to be
competitive to the Events contemplated under the Agreement during the term of the agreement
and for a period of two (2) years thereafter in the Chinese markets contemplated by the
Agreement.
71.

PBR is entitled to an award of its attorneys fees and costs herein pursuant to the

terms of the Agreement.

PRAYER FOR RELIEF
WHEREFORE, PBR prays for judgment with respect to its Complaint and Demand for
Jury Trial as follows:
A.

The Court declare that PBR exclusively is the owner of all right, title and interest

in and to the twenty (20) Chinese trademark applications identified on Exhibit A;

B.

The Court enter an Order requiring XISC to assign all right, title and interest in

and to the twenty (20) Chinese trademark applications identified on Exhibit A, which are
confusingly similar to and attempt to trade upon the goodwill of PBR;
C.

The Court enter an Order granting PBR the power of attorney to effect the

assignment to PBR of the twenty (20) Chinese trademark applications identified on Exhibit A.

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D.

The Court declare that XISC has been and is infringing upon PBRs valid and

subsisting trademarks and that such infringement has been and is willful;
E.

The Court find that XISC breached the Agreement and, as a result, PBR is

relieved of any obligation it otherwise would have had under the Agreement, including but not
limited to any obligation not to compete in the Chinese markets contemplated under the
Agreement;
F.

The Court find that XISC breached the Agreement and, as a result, XISC remains

bound by all provisions of the Agreement, including but not limited to its obligation not to
compete in the Chinese markets contemplated under the Agreement;
G.

The Court award PBR its attorneys fees, costs, expert witness fees and expenses

incurred in connection with this action as provided for by contract, applicable rule and/or law;
H.

The Court award PBR pre- and post-judgment interest on all damages recovered

by or awarded to PBR; and,

I.

The Court grant PBR such other and further relief at law or in equity as the Court

shall deem just and proper.

JURY DEMAND
PBR hereby demands a jury trial on all issues so triable.

Dated this 15th day of March, 2016.

KUTAK ROCK LLP

By: s/ Juliet A. Cox

Juliet A. Cox
2300 Main Street, Suite 800
Kansas City, MO 64108
(816) 960-0090 Telephone
(816) 960-0041 Facsimile
juliet.cox@kutakrock.com
ATTORNEYS FOR PLAINTIFF

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