Professional Documents
Culture Documents
1
STEVEN H. GARDNER, ESQ. CSBN #70921
2
9595 Wilshire Blvd. #610
Beverly Hills, Cal 90212 FILED
LOS ANGELES STTl'F.RTOR COURT
3 Tel: (310) 246-2300
Fax: (310) 246-2328 OCT 162006
4 Email: sgardner@sgardnerlaw.com lark, E~ecutive Officer/Clerk
5 Attorneys for Plaintiff , Deputy
10
20 Plaintiff alleges:
22 SERVICEMARK INFRINGEMENT
23 (Against All Defendants)
24 I. Plaintiff, Cirgadyne Incorporated ("Cirgadyne") , is now, and at all times mentioned
25 in this complaint was, a corporation organized and existing under the laws of the State of California,
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n 26 with its principal place of business in Pacific Palisades, Los Angeles County, California, and does
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27 business under the fictitious business names of "Liquor License Specialists" and 'LLS".
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ClRGADYNElFEDERMANIPUCO:MP-1 COMPLAINT
1 2.
Defendant, Jason Fedennan ("Fedennan"), at all times mentioned in this Complaint,
2 was and is an individual doing business as Liquor License Services, with its principal place of
4 3. The true names and capacities, whether individual, corporate, associate or otherwise,
5 of Defendants Does I through I 00, inclusive, are unknown to Plaintiff, which therefore sues said
6 Defendants by such fictitious names, and Plaintiff will ask leave of Court to amend this Complaint
7 to show their true names and capacities when the same have been ascertained.
8 4. Plaintiff is infonned and believes, and thereon alleges, that, at all times referenced
9 herein, each Defendant was acting as the authorized agent and/or employee of the other Defendants,
10 and in doing the acts and omissions alleged herein, were acting within the scope of their authority
12 5. Plaintiff is infonned and believes, and thereon alleges, that, at all times referenced
13 herein, each Defendant was in some manner proximately responsible for the events and happenings
15 6. Plaintiff is now, and at all times mentioned in this Complaint was, engaged in the
16 business of liquor license consulting, procurement, sales, facilitator and brokerage services
17 ("Services'). Since 1986, Plaintiff has been doing business under the names and marks of "Liquor
18 License Specialists" and "LLS". Since 1986, Plaintiff has consistently identified, adopted,
19 advertised and used the mark "LLS" in advertising and prominently displaying its Services.
21 ("Fedennan"), was a broker/sales employee of an affiliate of Plaintiff and during such employment
22 worked closely with, utilized, and had knowledge of, and access to, Plaintiffs contacts, procedures,
23 and know-how used in connection with the advertising and providing of Services by Plaintiff under
24 the mark and tradename "LLS". During this time of employment Defendant Fedennan had actual
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25 notice of Plaintiffs use of the mark "LLS" in connection with the Services.
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u 26 8. On August 16, 2006, Plaintiff filed and published its fictitious business name
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2
Law Offib~s
Steven H. Gardner
CIRGADYNEIFEDERMANIPUCO:MP- I COMPLAINT
I 9.
On August 22, 2006, the California Secretary of State issued California Servicemark
2 Registration No. 62470 to Plaintiff covering the use of the mark "LLS" for use in relation to
3 consultant, brokerage and facilitator services in connection with the sale and purchase of liquor
4 licenses. A copy of said Registration is attached hereto as Exhibit A and incorporated herein by this
5 reference.
8 the advertisement of services offered by Defendants which are identical to the Services offered by
9 Plaintiff. Defendant Federman was notified in writing to cease and desist from the use of Plaintiffs
10 mark "LLS" in connection with Defendants' website www.liquorlicenseservices.com and all other
11 uses in connection with services offered by Defendant which are substantially similar or identical to
12 the Services offered by Plaintiff. Notwithstanding Defendant Federman's actual notice of the use by
13 Plaintiff of Plaintiffs mark, in accordance with Business & Professions Code 14242, registration
14 of Plaintiffs mark operates as constructive notice, to Defendants and everyone else, of Plaintiffs
IS claim of ownership of said mark "LLS" used in connection with the Services.
16 II. Defendants, and each of them, have, unlawfully and without Plaintiffs consent,
17 affixed the mark "LLS" in a prominent position on Defendants' website
19 offered by Defendants which are identical to the Services offered by Plaintiff. Defendants' use of
21 "LLS" in connection with services offered by Defendants which are identical to the Services offered
22 by Plaintiff is unlawful and likely to cause confusion or mistake or to deceive members of the public
23 as to the source of origin of the Services. These actions by Defendants constitute trademark
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25 12. Plaintiff is informed and believes, and on that basis alleges, that as a direct and
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U 26 proximate result of Defendants and each of their wrongful conduct, use, display and advertising of
27 "LLS" in connection with the providing of services including but not limited to the "procurement or
28 selling ofliquor licenses", the "purchase and sale ofliquor licenses", the tasks of "locating licenses,
Lawoffitbs
3
Steven H. Gardner
CIRGADYNEJFEDERMANIPUCOMPI COMPLAINT
1
negotiations, application preparations, field surveys and public notifications", and "facilitation of
2 your liquor license needs" which are indistinguishable from Plaintiffs Services rendered under
3 Plaintiffs "LLS" mark, Defendants have derived profits in an amount which exceeds the limited
4 jurisdiction of this Court and which amount will be subject to proof at the time of triaL Pursuant to
5 Business & Professions Code 14340(a), Plaintiff is entitled to recover up to three (3) times these
6 profits.
7 SECOND CAUSE OF ACTION
8 COMMON LAW TRADEMARK
9 INFRINGEMENT
10 (Against All Defendants)
11 13. Plaintiff realleges and incorporates herein by reference each and every allegation set
12 forth in Paragraphs 1 through 7, 9, 10, 11, and 12 as though set forth in full hereat.
13 14. Plaintiff has used the servicemark "LLS" since 1986 to identify and distinguish the
14 Services it provides in the liquor license industry from those similar services offered by others, by,
15 among other things, prominently displaying the "LLS" mark in its advertising materials, use of the
16 "LLS" mark in correspondence, and use of the 'LLS" mark in its website.
17 15. As a result of the rendition of Services and advertising by Plaintiff under its 'LL8"
18 mark, the mark has developed and now has a secondary and distinctive trademark meaning to
19 potential buyers and sellers of liquor licenses in California, in that such potential customers have
20 come to associate the mark "LLS" with the Services provided by Plaintiff. As a result of this
21 association, the use of the "LLS" mark by Defendants and each of them is likely to cause confusion
22 or mistake or to deceive the public as to the source of origin ofthe services offered by Defendants
23 which services are identical to the Services offered by Plaintiff.
24 THIRD CAUSE OF ACTION
25 UNFAIR BUSINESS PRACTICES
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4
law Offi~~s
Steven H. Gardner
CIRGADYNFJFEDERMANIPUCOMP-I COMPLAINT
1 17.
Defendants, and each of them, have engaged in an unlawful and unfair business
2 practice by utilizing Plaintiff's common law and registered mark "LLS" in connection with the
4 capitalize on an tradename reference in the small, unique and specialized marketplace of the sale
5 and purchase of liquor licenses. Defendants and each of them have engaged in such unlawful
6 business practices so as gain increased customers and gain profit from this marketplace of liquor
7 license sellers and buyers. This is an unlawful and unfair business practice.
8 18. Defendants and each of them continue to engage in these and other unfair, unlawful
9 andlor fraudulent business practices, and will continue to do so unless the court orders Defendants
11 19. Defendants and each of their actions significantly threaten or harm competition. A
12 defendant that conducts illegal or unfair activities from which it profits is competing unfairly against
13 its competitors who use lawful means to produce their products and services. Here, Defendants and
14 each of them profit from their violation of laws. Competitors of Defendants who provide similar
15 services to buyers and sellers of liquor licenses in compliance with those laws are at a competitive
16 disadvantage.
17 20. As a direct competitor, Plaintiff has standing to maintain this cause of action.
18 WHEREFORE, Plaintiff demands judgment against Defendants and each of them, for the
19 following:
22 them from using, displaying, or advertising the mark 'LLS" in California, including but not limited
23 to any internet website, in connection with the offering or rendition of any services in connection
24 with liquor licenses, including but not limited to the (a) procurement or selling ofliquor licenses, (b)
25 the purchase and sale of liquor licenses, (c) the tasks oflocating liquor licenses, negotiations,
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u 26 application preparations, field surveys and public notifications thereof, and (d) facilitation of liquor
27 license needs;
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LawOffi~
Steven H. Gardner
CIRGADYNElFEDERMANIPUCOMP-1 COMPLAINT
1 2.
Damages in an amount to be proved at time of trial;
3 Defendants, from the use, display, or advertisement ofthe mark 'LLS" in California, including but
4 not limited to any internet website, in connection with the offering or rendition of any services in
5 connection with liquor licenses, including but not limited to the (a) procurement or selling ofliquor
6 licenses, (b) the purchase and sale of liquor licenses, (c) the tasks of locating liquor licenses,
7 negotiations, application preparations, field surveys and public notifications thereof, and (d)
10 1. The Court direct restitution of all money and property Defendants and each of
11 them have acquired by means of their acts of unfair competition, to the extent permitted by
12 California law;
17 2. Any other and further relief that the Court deems just and proper in the
18 premises.
19 DATED: 16/0/
f I
2006
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STEVEN H. GARDNER
22 Attorneys for Plaintiff
Cirgadyne Incorporated
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LawOtrk~s
Steven H. Gardner
CIRGADYNEIFEDERMAN/PUCOMP-l COMPLAINT
1 VERIFICATION
2
3 I, Craig Block, declare:
4 That I am an authorized officer of Cirgadyne Incorporated, the Plaintiff in this action; that I
5 have read the foregoing Complaint and know the contents thereof; and that I am informed and
6 believe that the foregoing allegations are true and correct, and on that basis alleges that the matters
7 stated therein are true.
8 I declare under penalty of perjury under the laws of the State of alifomia that the foregoing
9 is true and correct, and that this declaration is executed on ---;;;".,:::.::::::c(ltjfJLL__ 2006, at Los
10 Angeles, California.
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Lavi:Offices
Steven~ti. Gardner
CM.010
ATIORNEY OR PARTY WITHOUT ATTORNEY (Name, Sf number, and address): FOR COURT USE ONLY
hS;~e37en H. Gardner
Law Offices of Steven H. Gardner
9595 Wilshire Blvd. #610
Beverly Hills, CA 90212
TELEPHONE NO.' (31 0 ) 246-2300 FAX NO,; (310 ) 246-2328
FILED
,",OS ANOIlUIS SUPllRlOR COURT
ATTORNEY FOR (Name):
1. Check one box below for the case type that best describes this case:
Auto Tort Contract Provisionally Complex Civil Litigation
8
~o
Auto (22) Breach of contracUwarranty (06) &al. Rules of Court, rules 1800-1812)
Uninsured motorist (46) Collections (09) _ AntitrustITrade regulation (03)
Other PI/PDIWD (Personal Injury/Property Insurance coverage (18) _ Construction defect (10)
DamageIWrongful Death) Tort Other contract (37) _ Mass tort (40)
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Asbestos (04) Real Property _ Securities litigation (28)
Product liability (24) Eminent domain/Inverse _ EnvironmentalfToxic tort (30)
Medicai malpractice (45) condemnation (14) _ Insurance coverage claims arising from the
Other PI/PDIWD (23)
NonPI/PDIWD (Other) Tort
Business torUunfair business practice (07)
B
Wrongtul eviction (33)
Other real property (26)
Unlawful Detainer
above listed provisionally complex case
types (41)
Enforcement of Judgment
o
_ Civil rights (08)
_ Defamation (13)
_ Fraud (16)
_ inteiiectual property (19)
Commercial (31)
Residential (32)
Drugs (38)
Judicial Review B
Enforcement of judgment (20)
Miscellaneous Civil Complaint
RICO (27)
Other complaint (not specified above) (42)
_ Professional negligence (25)
_ Other non-PIIPDIWD tort (35) 8
Asset forfeiture (05)
Petition re: arbitration award (11)
Miscellaneous Civil Petition
8
Employment
Wrongful termination (36)
Other employment (15)
8 Writ of mandate (02)
Other judicial review (39)
2. This case D
is lD
is not complex under rule 1800 of the California Rules of Court. If the case is complex, mark the
b.
8
factors requiring exceptional judicial management:
a. Large number of separately represented parties
Extensive motion practice raising difficult or novel
d.
e.
8
Large number of witnesses
Coordination with related actions pending in one or more courts
issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court
c. 0
Substantial amount of documentary evidence f. 0
Substantial postjudgment judicial supervision
3. Type of remedies sought (check al/ that apply):
a. lD
monetary b. IX) nonmonetary; declaratory or injunctive relief c. 0
nitive
4. Number of causes of action ~ecify): Three (3)
5. This case 0
is llU is not a class action suit.
6. If there are any known related cases, file and serve a notice of related case.(You m use form CM-015.)
October
Date: !J 2006
Steven H. Gardner
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY ORATIORNEY FOR PARTY)
" NOTICE
F1i~intiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
Lirjder the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 201.8.) Failure to file may result
ir.i sanctions.
~!Ie this cover sheet in addition to any cover sheet required by local court rule.
If-lhis case is complex under rule 1800 et seq. of the California Rules of Court, you must serve a copy of this cover sheet onall
other parties to the action or proceeding.
Unless this a complex case, this cover sheet will be used for statistical purposes only.
iA Page 1 of2
This form is required pursuant to LASC Local Rule 2.0 in all new civil case filings in the Los Angeles Superior Court.
Item I. Check the types of hearing and fill in the estimated length of hearing expected for this case:
A 8 C
Civil Case Cover Type of Action Applicable Reasons -
Sheet Category No. (Check only one) See Step 3 Above
Auto (22) 0 A7100 MotorVehicle - Personal Injury/Property DamageMlrongful Death 1.,2.,4.
Uninsured Motorist (46) 0 A7110 Personal Injury/Property DamageNVrongful Death - Uninsured Motorist 1.,2.,4.
Product Liability (24) 0 A7260 Product Liability (not asbestos or toxic/environmental) 1.,2.,3.,4., B.
Medical Malpractice
(45) 0 A7210 Medical Malpractice - Physicians & Surgeons 1.,2.,4.
0 A7240 Other Professional Health Care Malpractice 1.,2.,4.
Other
Personal Injury 0 A7250 Premises Liability (e.g., slip and fall) 1.,2.,4.
Business Tort (07) ID A6029 Other Commercial/Business Tort (not fraud/breach of contract) 1b),3
Civil Rights (DB) 0 A6005 Civil Rights/Discrimination 1.,2.,3.
CIV 1091$:p4 (Rev. 031(6) CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION LAse, rule 2.0
LASC Apptdved Page1of4
Martin Deia's Essential Forms TM
,-"
LLS/Federman
SHORT TITLE:
Cirgadyne v. Federman
A
B
E NUMBER
C
Civil Case Cover Type of Action Applicable Reasons
Sheet Category No. (Check only one) See Step 3 Above
Professional
Negligence
D A6017 legal Malpractice 1.,2.,3.
(25)
D A6050 Other Professional Malpractice (not medical or legal) 1.,2.. 3.
Wrongful Termination
(36) D A6037 Wrongful Termination 1.,2.,3.
Breach of ContracU
D A6D04 Breach of Rental/Lease Contract (not Unlawful Detainer or 2.,5.
wrongful eviction)
Warranty
(06) D A6008 ContractNVarranty Breach-Seller Plaintiff (no fraud/negligence) 2.,5.
(not insurance)
D A6019 Negligent Breach of ContractlWarranty (no fraud) 1.,2.,5.
D A6028 Other Breach of ContractWarranty (not fraud or negligence) 1.,2.,5.
Insurance Coverage
(18) D A6015 Insurance Coverage (not complex) 1.,2.,5.,8.
Other Contract
D A6009 Contractual Fraud 1.,2.,3.,5.
Eminent
Domain/Inverse
D A7300 Eminent Domain/Condemnation Number of parcels 2.
Condemnation (14)
Wrongful Eviction
(33) 1::1 A6023 WrongfUl Eviction Case 2.,6.
Unlawful Detainer-
Commerciai (31) 1::1 A6021 Unlawful Detainer-Commercial (not drugs or wrongful eviction) 2.,6.
Unlawful Detainer-
Residential (32) 1::1 A6020 Unlawful Detainer-Residential (not drugs or wrongful eviction) 2.,6.
Unlawful Detainer-
Drugs (38) 1::1 A6022 Unlawful Detainer~Drugs 2.,6.
Petition re Arbitration
(11 ) 1::1 A6115 Petition to Compel/ConfirmNacate Arbitration 2.,5.
CIV 109 <:$104 (Rev. 03/06) CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION LAse, rule 2,0
LAse Apl'rOved Page2of4
Marlin De~1'S Essential Forms
LLS/Federman
SHORT TITLE: E NUMBER
Cirgadyne v. Federman
A B , C
Civil Case Cover Type of Action Applicable Reasons -
Sheet Category No. (Check only one) See Step 3 Above
Writ of Mandate o A6151 Writ - Administrative Mandamus 2.,8.
(02) o A6152 Writ ~ Mandamus on Limited Court Case Matter 2.
o A6153 Writ - Other Limited Court Case Review 2.
AntitrustfTrade
OA6003 AntitrustfTrade Regulation 1.,2.,8.
Regulation (03)
Construction Defect
OA6007 Construction defect 1.,2.,3.
(10)
Claims Involving Mass
Tort (40)
o A6006 Claims Involving Mass Tort 1" 2" 8.
Securities Litigation
OA6035 Securities Litigation Case 1.,2.,8.
(28)
Toxic Tort
Environmental (30)
o A6036 Taxic TorUEnviranmental 1" 2., 3., 8.
Insurance Coverage
Claims from Complex
o A6014 Insurance Coverage/Subrogation (complex case only) 1.,2.,5.,8.
Case (41)
Partnership Corporation
Governance (21)
o A6113 Partnership and Corporate Governance Case 2.,8.
CIV 10903-9:4 (Rev. 03/06) CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION LASC, rule 2.0
LASC Appr<Mm Page" of4
Martin Dean"iEssential Forms TM
b LLS/Federman
SHQReT l'fTLE: E NUMBER
Cirgadyne v. Federman
Item III. Statement of Location: Enter the address of the accident, party's residence or place of business, performance, or other
circumstance indicated in item II., Step 3 on Page 1, as the proper reason for filing in the court location you selected.
Item IV. Declaration of Assignment: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct and that the above-entitled matter is properly filed for assignment to the Stanley Mos k
courthouse in the Central District of the Los Angeles Sup or Court (Code Civ. Proc., 392 et seq.,
and LASC Local Rule 2.0, subds. (b), (c) and (d.
PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO
PROPERLY COMMENCE YOUR NEW COURT CASE:
4. Complete Addendum to Civil Case Cover Sheet form LASC Approved CIV 109 03-04 (Rev. 03/06).
5. Payment in full of the filing fee, unless fees have been waived.
6. Signed order appointing the Guardian ad Litem, JC form 982(a)(27), if the plaintiff or petitioner is a minor under 18 years of age,
or if required by Court.
7. Additional copies of documents to be conformed by the Clerk. Copies of the cover sheet and this addendum must be served along
with the summons and complaint, or other initiating pleading in the case.
CJV 109 ~-o4(Rev. 03106) CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION LAse, rule 2.0
Page 4 of 4
LASe AitProved
Marlin aeim's Essential Forms TM
LLS/Federman