Documentos de Académico
Documentos de Profesional
Documentos de Cultura
1
2
3
4
5
DISTRICT OF ARIZONA
201EastWashingtonStreet,Suite1200
Phoenix,AZ850042595
vs.
16
17
COMPLAINT
Plaintiff, Platypus Wear, Inc. dba Bad Boy Brands, demanding a trial by jury,
1.
This Court has subject matter jurisdiction over this action pursuant to
21 the trademark laws of the United States, Title 15, United States Code, federal
22 question jurisdiction under 15 U.S.C. 1121, 28 U.S.C. 1331 and 28 U.S.C.
23 1338, diversity jurisdiction under 28 U.S.C. 1332 and supplemental jurisdiction
24 under 28 U.S.C. 1367.
25
2.
1 residents and consumers of, Arizona and this District. Their activities foreseeably
2 have a primary and direct impact in Arizona and this District. In addition, on
3 information and belief, Defendant Hayko resides in this judicial district and
4 Defendants principal places of business are located in this judicial district.
3.
6 because a substantial part of the events or omissions giving rise to the claims
7 occurred in this judicial district.
PARTIES
8
4.
201EastWashingtonStreet,Suite1200
Phoenix,AZ850042595
10 under the laws of the State of Nevada, with its principal place of business in San
11 Diego, California. Platypus Wear, Inc. does business as Bad Boy Brands. Platypus
12 Wear, Inc. is hereafter referred to as Plaintiff or Bad Boy Brands.
5.
13
Bad Boy Brands is informed and believes, and thereon alleges, that
16
Bad Boy Brands is informed and believes, and thereon alleges, that
18
Bad Boy Brands is informed and believes, and thereon alleges, that
22
23
24
25
26
27
28
A.
Bad Boy Brands has been in business since 1984 and is in the business
of licensing the use of its intellectual property, including its BAD BOY trademark
and brand, in the United States and around the world.
9.
For more than thirty (30) years, Bad Boy Brands and/or its
predecessors-in-interest have been the exclusive owner of the relevant United States
5238476_1
1 common law and/or statutory trademark rights in the mark BAD BOY. Indeed,
2 Bad Boy Brands is the owner of the following United States trademark registrations
1
3 with respect to the BAD BOY word mark. Some are incontestable pursuant to 15
4 U.S.C. 1065.
5
6
7
Mark
Reg. No.
BAD BOY
201EastWashingtonStreet,Suite1200
Phoenix,AZ850042595
9
10
11
BAD BOY
12
13
14
15
16
17
BAD BOY
18
19
20
BAD BOY
21
22
23
24
BAD BOY
25
Filing Date/
Registration
Date
Filed: Sept. 18,
1995
Reg.: Mar. 18,
1997
26
27
28
Bad Boy Brands owns numerous other BAD BOY and related design marks, not specifically detailed herein,
which are of relevance to Bad Boy Brands longstanding rights with respect to the BAD BOY brand and related
designs in the United States and throughout the world.
5238476_1
1
2
Mark
Reg. No.
BAD BOY
Filing Date/
Registration
Date
Filed: Mar. 30,
2009
Reg.: Oct. 19,
2010
5 True and correct copies of these U.S. Trademark Certificates of Registration are
6 attached hereto, and incorporated, as Exhibit 1.
7
10.
The registered BAD BOY mark combined with Bad Boy Brands
8 common law BAD BOY and BAD BOY formative marks are collectively referred
201EastWashingtonStreet,Suite1200
Phoenix,AZ850042595
11.
The BAD BOY brand began as an apparel brand. Over the years,
11 Bad Boy Brands and its licensees have expanded the BAD BOY product range
12 into a wide range of lifestyle and extreme sports product categories including, but
13 not limited to, martial arts gear and equipment, motor cycle gear, sporting bags,
14 back packs, supplements, energy drinks, school supplies, footwear and many more
15 product categories.
16
12.
Bad Boy Brands has licensed its BAD BOY mark and brand
17 throughout the world, including in the United States, Canada, Mexico, Australia,
18 Japan, China, Brazil, South Africa, the United Kingdom, France, Poland, Russia,
19 Singapore, South Korea and other countries.
20
13.
Bad Boy Brands and its licensees have been active in the sponsoring
21 of extreme sports athletes and events throughout the world, including sponsorships
22 of mixed martial arts (MMA), jiu jitsu, and other combat sport events and
23 athletes.
24
14.
Bad Boy Brands has been actively involved in MMA for at least
25 twenty (20) years, dating back to the mid-1990s and Bad Boy Brands launch of a
26 combat sport line under the BAD BOY brand and first sponsorships of combat
27 sport athletes.
28
15.
5238476_1
Bad Boy Brands and its related companies involvement in MMA has
4
1 included, inter alia, (1) selling athletic equipment and apparel specialized in MMA
2 bearing BAD BOY Trademarks, (2) sponsoring MMA athletes, and (3) sponsoring
3 MMA events.
4
16.
Over the years, Bad Boy Brands, its predecessors-in-interest and its
5 licensees have invested substantial sums of money in the United States and around
6 the world in building the BAD BOY brand and marketing and promoting, inter
7 alia, the BAD BOY Trademarks and products bearing those trademarks.
8
17.
201EastWashingtonStreet,Suite1200
Phoenix,AZ850042595
9 mixed martial arts, Bad Boy Brands operates a website related to its use of the BAD
10 BOY Trademarks, located at www.badboy.com, through which goods bearing the
11 BAD BOY Trademarks are available for purchase over the Internet in the United
12 States and elsewhere.
13
18.
14 which goods bearing the BAD BOY Trademarks are available for purchase over the
15 Internet in the United States and elsewhere.
16
19.
17 MMA athletes and events as part of its investment in marketing and promotion of
18 the BAD BOY Trademarks.
19 participate in the Ultimate Fighting Championship (UFC), the largest and most
20 famous MMA promotion company in the world.
21
20.
Bad Boy Brands federal registration no. 3,746,515 for the BAD
21.
27 BOY sponsored fighters wear and promote BAD BOY branded product.
28
22.
5238476_1
1 efforts, and extensive and continuous use, Bad Boy Brands, its predecessors-in2 interest and its licensees have generated substantial goodwill associated with the
3 BAD BOY Trademarks in the United States and around the world.
23.
In addition, Bad Boy Brands has vigorously policed and defended the
Through its efforts and those of its licensees, Bad Boy Brands is
8 known as the exclusive source of products and services legitimately bearing the
201EastWashingtonStreet,Suite1200
Phoenix,AZ850042595
10
11 with the goods and services for which Bad Boy Brands and/or its licensees use the
12 marks in commerce.
13 Trademarks over many years in numerous channels of trade, these marks have also
14 acquired additional distinctiveness within the marketplace, particularly the combat
15 sport and MMA marketplace.
16 B.
Defendants.
17
26.
More than two decades after Bad Boy Brands first began use in
18 commerce of the BAD BOY Trademarks, and long after those marks became well
19 known in the market place and within MMA, Defendants began organizing,
20 presenting, holding, sponsoring, advertising and/or promoting MMA and boxing
21 athletic competitions in this judicial district under titles including, inter alia, Bad
22 Boy Fight Night and Bad Boy Boxing.
23
27.
The Defendants market and promote their MMA and boxing athletic
24 competitions using Bad Boy Brands BAD BOY Trademarks, or copies, colorable
25 imitations, or confusingly similar marks, including, inter alia, marketing and
26 promotion on the Internet, in television advertisements, on clothing, including
27 promotional t-shirts, and with dancers that the Defendants refer to as the Bad Boy
28 dancers.
5238476_1
28.
29.
30.
201EastWashingtonStreet,Suite1200
Phoenix,AZ850042595
9 irreparable damage to the reputation and goodwill of Bad Boy Brands, which has no
10 control over Defendants activities.
11
31.
32.
16 midget wrestling, and have used Bad Boy Brands BAD BOY Trademarks, or
17 copies, colorable imitations or confusingly similar marks, in connection with bare
18 knuckle boxing, an antiquated form of boxing considered barbaric by many.
19
33.
20 infringing competitions without the requisite licenses from the Arizona Boxing and
21 MMA Commission, the government agency charged with regulating and supervising
22 mixed martial arts and boxing events in Arizona.
23
24
25
26
34.
paragraphs 1 33.
27
28
5238476_1
35.
2 registrations for its BAD BOY mark including, inter alia, registration no.
3 3,746,515 for promotional services, namely, promoting and sponsoring athletes and
4 promoting and sponsoring athletic and sporting competitions; publicity agents in
5 Class 35.
6
36.
Bad Boy Brands trademark rights in its registered BAD BOY mark
37.
Bad Boy Brands has not authorized Defendants to use the BAD
201EastWashingtonStreet,Suite1200
Phoenix,AZ850042595
38.
11 and/or colorably imitating the BAD BOY mark in commerce in connection with
12 the advertising of Defendants athlete/athletic competitions.
13
39.
14 or colorable imitations of Plaintiffs BAD BOY mark to labels, signs, prints and
15 advertisements, including, inter alia, promotional shirts, in commerce in connection
16 with Defendants athlete/athletic competitions.
17
40.
18 imitations of the BAD BOY mark has caused, and is likely to cause, or continue to
19 cause, confusion, mistake and/or deception among the purchasing public as to the
20 source or origin of Defendants goods or services.
41.
42.
28 Defendants, Bad Boy Brands has suffered damages in an amount that will be shown
5238476_1
43.
44.
201EastWashingtonStreet,Suite1200
Phoenix,AZ850042595
9 infringing use of the BAD BOY trademark and colorable imitations thereof, Bad
10 Boy Brands is entitled to recover treble damages, prejudgment interest, and an
11 award of its attorneys fees and costs.
12
45.
13 infringement of Bad Boy Brands rights in its BAD BOY mark cannot be
14 adequately remedied with money damages.
15
46.
16 result of the knowing and willful infringement by Defendants, and Bad Boy Brands
17 is entitled to permanent injunctive relief barring Defendants from using any mark
18 that is confusingly similar to the BAD BOY trademark. Bad Boy Brands is also
19 entitled to seizure and destruction of any infringing goods.
SECOND CLAIM FOR RELIEF
(False Designation of Origin)
(15 U.S.C. 1125)
20
21
22
47.
23 paragraphs 1 - 46.
24
48.
25 associated with Bad Boy Brands as the source or origin of high quality products sold or
26 licensed by Bad Boy Brands.
27
49.
Defendants have used and/or are using the mark BAD BOY, and
1 athletes/athletic competitions, and related goods and services, in a manner that is likely
2 to cause confusion, mistake, or deception among the purchasing public as to the
3 existence of an affiliation, sponsorship, connection or association between Bad Boy
4 Brands and Defendants, when none exists.
201EastWashingtonStreet,Suite1200
Phoenix,AZ850042595
11
15
16 to recover an award of treble damages, prejudgment interest, and its attorneys fees and
17 costs.
18
54.
Bad Boy Brands injuries from the knowing and willful false designation
55.
Bad Boy Brands has suffered and is suffering irreparable harm as a result
21 of Defendants knowing and willful false designation of origin, and Bad Boy Brands is
22 entitled to permanent injunctive relief barring Defendants from unfairly competing
23 with Bad Boy Brands through the use of any mark that falsely conveys an affiliation,
24
sponsorship, connection or association with Bad Boy Brands. Bad Boy Brands is also
25
entitled to seizure and destruction of any infringing goods.
26
27
28
5238476_1
10
2
3
4
5
6
7
8
201EastWashingtonStreet,Suite1200
Phoenix,AZ850042595
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
56.
paragraphs 1 - 55.
57.
Through Bad Boy Brands extensive and continuous use and promotion
of the BAD BOY Trademarks, Bad Boy Brands has established and acquired
protectable and proprietary trademark rights under the common law for its BAD BOY
Trademarks.
58.
Bad Boy Brands has not authorized Defendants to use any marks that are
commerce, the mark BAD BOY in connection with products and/or services, and in
particular, in connection with the sponsorship and/or promotion of athlete/athletic
competitions and related goods and services.
60.
Such use by Defendants of the mark BAD BOY in connection with the
Defendants, Bad Boy Brands has suffered damages in an amount that will be shown
at trial.
5238476_1
11
63.
64.
7 malicious, fraudulent and in conscious disregard for Bad Boy Brands rights and the
8 substantial risk that Defendants activities would harm those rights. Defendants are
201EastWashingtonStreet,Suite1200
Phoenix,AZ850042595
65.
66.
Bad Boy Brands injuries from the knowing, willful and malicious
67.
17 result of the knowing, willful and malicious infringement by Defendants, and Bad
18 Boy Brands is entitled to permanent injunctive relief barring Defendants and each of
19 them from using any mark that is confusingly similar to the BAD BOY Trademarks.
20
Bad Boy Brands is also entitled to seizure and destruction of any infringing goods.
21
FOURTH CLAIM FOR RELIEF
22
(Common Law Unfair Competition)
23
68.
Bad Boy Brands incorporates by reference the foregoing allegations in
24 paragraphs 1 - 67.
25
69.
Notwithstanding Bad Boy Brands long-established and prior common
26 law and statutory rights in the BAD BOY Trademarks, Defendants have used,
27 reproduced, copied, or colorably imitated the BAD BOY Trademarks without Bad
28 Boy Brands consent, in connection with the sponsorship and/or promotion of
5238476_1
12
70.
71.
8 by Defendants of the BAD BOY mark, and confusingly similar marks, in connection
201EastWashingtonStreet,Suite1200
Phoenix,AZ850042595
72.
13 and fraudulent and in conscious disregard for Bad Boy Brands rights and the
14 substantial risk that Defendants activities would harm those rights. Defendants are
15 therefore liable for exemplary and punitive damages.
16
73.
17 is entitled to an award of prejudgment interest and its attorneys fees and costs.
18
74.
Bad Boy Brands injuries from the knowing, willful and malicious
75.
22 result of the knowing, willful and malicious unfair competition by Defendants, and
23 Bad Boy Brands is entitled to permanent injunctive relief barring Defendants from
24 unfairly competing with Bad Boy Brands.
25
26
27
28
5238476_1
13
1
2
A.
201EastWashingtonStreet,Suite1200
Phoenix,AZ850042595
9 for sale, or sale of any goods or services, unless expressly authorized by Bad Boy
10 Brands in writing;
11
B.
12 and all gross and net sales, revenues, and profits received or derived by Defendants
13 from the use, sponsorship, promotion, manufacture, marketing, sale, offering for
14 sale, and/or distribution of athletes/athletic competitions, clothing and any related
15 products and services, bearing or using any copy or colorable imitation of the BAD
16 BOY Trademarks;
17
C.
18 use of the BAD BOY mark and/or colorable imitations thereof and/or marks
19 confusingly similar thereto, pursuant to 15 U.S.C. 1117, and for an award of
20 reasonable attorneys fees pursuant to 15 U.S.C. 1117(a), given that this is an
21 exceptional case;
22
D.
23 pursuant to 15 U.S.C. 1117, the Court award Bad Boy Brands treble its actual
24 damages resulting from Defendants statutory trademark infringement and false
25 designation of origin claims;
26
E.
27 against Defendants on the common law infringement and unfair competition claims;
28
5238476_1
14
F.
That the Court award Bad Boy Brands pre-judgment and post-
G.
That the Court order that Defendants destroy all clothing, signage and
4 any other materials bearing or using any copy or colorable imitation of the BAD
5 BOY Trademark and that Defendants transfer any domain names containing the
6 BAD BOY designation or any terms confusingly similar thereto to Bad Boy Brands;
7
H.
8 including without limitation, its reasonable attorneys fees and costs; and,
201EastWashingtonStreet,Suite1200
Phoenix,AZ850042595
I.
JURY DEMAND
10
11
That the Court order such other relief as it deems proper and just.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5238476_1
15