American Soccer Company v. Squor - Score v. Score Trademark Complaint PDF

Case 2:15-cv-06600 Document 1 Filed 08/27/15 Page 1 of 34 Page ID #:1
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John E. Lord (Bar No. 216111)

jlord@onellp.com
Joanna Ardalan (Bar No. 285384)
jardalan@onellp.com
ONE LLP
9301 Wilshire Boulevard
Penthouse Suite
Beverly Hills, CA 90210
Telephone: (310) 866-5157
Facsimile: (310) 943-2085
Attorneys for Plaintiff,
AMERICAN SOCCER COMPANY, INC.
UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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AMERICAN SOCCER COMPANY, INC.,

a California corporation,
Plaintiff,
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COMPLAINT FOR:
(1)TRADEMARK INFRINGEMENT,
15 U.S.C. 1114(1);
v.
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Case No. 2:15-cv-6600
SQOR, INC., a Delaware corporation,

Defendant.
(2) FALSE DESIGNATION OF

ORIGIN, UNFAIR COMPETITION,
AND TRADEMARK
INFRINGEMENT, 15 U.S.C. 1125(a);
(3) CYBERSQUATTING, 15 U.S.C.
1125(d);
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(4) COMMON LAW TRADEMARK

INFRINGEMENT; AND
(5) UNFAIR COMPETITION UNDER
STATE LAW
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DEMAND FOR JURY TRIAL
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COMPLAINT
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Plaintiff American Soccer Company, Inc., appearing through undersigned counsel,

hereby brings the present action against Defendant Sqor, Inc., and alleges as follows:
PARTIES
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1.
Plaintiff American Soccer Company, Inc. (ASC or Plaintiff) is a
California corporation and has a principal place of business at 726 E. Anaheim Street,
Wilmington, California 90744.
2.
On information and belief, Defendant Sqor, Inc. (Sqor or Defendant) is a
Delaware corporation, with a principal place of business at 475 Sansome Street, San
Francisco, California 94111.
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3.
On information and belief, Defendant owns and operates www.sqor.com, and
has actively participated in the acts complained of herein.

JURISDICTION AND VENUE
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4.
This is an action for trademark infringement, false designation of origin,
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cybersquatting, and unfair competition under the Trademark Act of 1946, as amended, 15
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U.S.C. 1051 et seq. (Lanham Act), and for related claims under the statutory and
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common law of California.
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5.
This Court has jurisdiction over the subject matter of this action under 15
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U.S.C. 1121, 28 U.S.C. 1331 and 1338 (a) and (b), and has supplemental jurisdiction
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over Plaintiffs state law claims pursuant to 28 U.S.C. 1367(a) because those claims are
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so related to its federal claims that they form part of the same case or controversy.
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6. This Court has personal jurisdiction over Defendant because it has established
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minimum contacts with the forum and the exercise of jurisdiction over the Defendant will
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not offend traditional notions of fair play and substantial justice. On information and
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belief, Defendant has voluntarily conducted business in, conducted advertising in, and
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marketed itself in this District.
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7.
Venue is proper in this district pursuant to 28 U.S.C. 1391.
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1
COMPLAINT
PLAINTIFF AND ITS MARKS
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8.
ASC has been involved in the sports industry for over 35 years.
ASC
manufactures and sells a wide range of sporting goods for team sports, including balls,
uniforms, apparel, and other accessories and equipment under the SCORE brand.
9.
ASC commenced use of the SCORE trademark in connection with its products
and services at least as early as 1986. Since that time, the SCORE trademark has been
continually used in commerce by ASC.
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10.
ASC uses its SCORE trademark in standard character and stylized forms, with
and without a distinctive design element. ASCs marks and logos using SCORE are
collectively referred to herein as the SCORE Marks (or the Marks).
11.
ASC has used the SCORE Marks in interstate commerce in connection with,
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at least, uniforms, shorts, socks, warm-ups, coaches gear, balls, bags, clipboards, buckets
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for balls, and field equipment.
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12.
The SCORE Marks are inherently distinctive. Each of the Marks serves to
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identify and indicate the source of ASCs goods and services to the consuming public, and
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to distinguish its goods and services from those of others. Over the years, ASC has
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prominently used and promoted the SCORE Marks in advertising, promotion, and various
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other ways.
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promoting its SCORE products and services, and it distributes its SCORE products across
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the United States of America. ASC advertises through its catalogs, website, trade shows,
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social media accounts, and flyers.
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13.
ASC has invested considerable effort and resources in advertising and
As a result of ASCs long history of usage and extensive promotion of the
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SCORE Marks, the Marks are distinctive to designate ASC, and they distinguish ASC and
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its goods and services from others.
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recognized to consumers. ASC has developed exclusive and valuable goodwill and strong
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federal and common-law rights in the Marks as a result of the usage and promotion of the
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SCORE Marks.
The SCORE Marks are well-known and widely
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2
COMPLAINT
14.
ASC owns the domain name scoresports.com, which was registered in or
around March 1997, and which has been used to identify ASCs website since on or about
that date.
15.
In accordance with the provisions of the Lanham Act, ASC has registered the
SCORE Marks on the Principal Register of the United States Patent and Trademark Office,
including the following registrations:
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MARK
REG. NO.
ISSUE DATE
1,422,027
Dec. 23, 1986
1,916,007
Sep. 5, 1995
3,618,127
May 12, 2009
SCORE SPORTS
3,930,807
Mar. 15, 2011
SCORE
4,253,691
Dec. 4, 2012
4,312,024
Apr. 2, 2013
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SCORE
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Copies of these registrations are attached to the Complaint as Exhibits A, B, C,
D, E, and F are incorporated herein by reference. The registrations identified above are
valid and subsisting.
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3
COMPLAINT
17.
Pursuant to the Lanham Act, ASCs registrations identified above constitute
prima facie evidence of: (a) the validity of the SCORE Marks and of the registration of
those marks; (b) ASCs ownership of the Marks; and (c) ASCs exclusive right to use the
Marks on or in connection with the goods and services stated in the registration. 15 U.S.C.
1057(b) and 1115(a). In addition, ASCs registrations constitute constructive notice of
ASCs claim of ownership of the SCORE Marks. See 15 U.S.C. 1072. Indeed, the
registrations identified in Exhibits A and B have become incontestable pursuant to 15
U.S.C. 1065. That these Marks have become incontestable is conclusive evidence of
their validity and their respective registrations, and of ASCs exclusive right to use them in
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commerce. See 15 U.S.C. 1115(b).

DEFENDANTS ACTIVITIES
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On information and belief, long after ASC began using its SCORE Marks and
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after ASC had registered the Marks, Defendant began using the marks SQOR and
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SQOR Sports in connection with its sports-related app and website at www.sqor.com, as
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well as on apparel products sold through this website. Copies of screenshots are attached to
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the Complaint as Exhibit G. The SQOR and SQOR Sports marks are hereafter referred
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to as the Infringing Marks. On information and belief, these activities have occurred in
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the Central District of California, as well as other judicial districts.
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19.
On information and belief, Defendants platform revolves exclusively around
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sports, creating economic opportunities for athletes by connecting them with fans and
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marketers at massive scale, including the merchandising of athletic wearing apparel
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products, sold through this website.
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20.
Defendants SQOR mark is pronounced as the English word score.
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21.
Defendant has marketed, promoted, and advertised its Infringing Marks on its
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website at sqor.com, through social media, and on various mobile applications distribution
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platforms including Google Play and iTunes, and on various merchandising to the
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public.
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COMPLAINT
22.
Defendant markets, promotes, and advertises the Infringing Marks to the
public in a stylized font and color which is substantially similar to ASCs own presentation
of its SCORE marks.
23.
The products offered by Defendant under the Infringing Marks, such as
athletic wearing apparel, are directly competitive, and/or closely related to the products
offered by ASC in connection with ASCs SCORE marks.
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24.
ASC has objected to Defendants use of the Infringing Marks, but Defendant
has not ceased its unauthorized imitation of ASCs SCORE Marks.

25.
On information and belief, Defendant intends to continue its unauthorized
imitation of ASCs SCORE Marks.

26.
Defendants use of the Infringing Marks in commerce is without the
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permission, license or authority of ASC.
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federally-registered SCORE Marks.
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Such use is confusingly similar to ASCs
Defendants continued infringement of the SCORE Marks is with full
knowledge, and in blatant disregard of ASCs prior registration and use of the Marks.
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Defendant is using the Infringing Marks in commerce in the United States, and
in this District, in an effort to trade on ASCs valuable goodwill.

29.
After ASC registered its distractive SCORE Marks, Defendant registered the
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domain name sqor.com (the Sqor domain name). Defendant has used, and currently
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uses the Sqor domain name for its website. ASC has not authorized nor consented to
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Defendants use or registration of the Sqor domain name.
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EFFECT OF DEFENDANTS ACTIVITIES ON THE
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CONSUMING PUBLIC AND ASC
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30.
Use of the Infringing Marks by Defendant in the manner described above is
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likely to cause confusion, to cause mistake, and/or to deceive customers and potential
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customers of the parties, at least as to some affiliation, connection or association of
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Defendant with ASC, or as to the origin, sponsorship, or approval of the goods and/or
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services of Defendant by ASC.

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COMPLAINT
31.
Use of the Infringing Marks by Defendant in the manner described above
falsely indicates to the purchasing public that the goods and/or services of Defendant
originate with ASC, or are affiliated, connected or associated with ASC, or are sponsored,
endorsed, or approved by ASC, or are in some manner related to ASC.
32.
falsely designates the origin of the goods and/or services of Defendant, and falsely and
misleadingly describes and represents material facts with respect to the goods, websites
and/or commercial activities of Defendant.
33.
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enables Defendant to trade on and receive the benefit of goodwill in those marks, which
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ASC has built up at great labor and expense over many years. Use of the Infringing Marks
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by Defendant in the manner described above also enables Defendant to gain acceptance for
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its goods and/or services, not solely on its own merits, but on the reputation and goodwill
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of ASC and the SCORE Marks.
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34.
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prevents ASC from controlling the nature and quality of goods and services provided under
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those marks and places the valuable reputation and goodwill of ASC in the hands of
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Defendant, over whom ASC has no control.
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35.
The activities of Defendant has caused irreparable injury to ASC and to the
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public and, unless restrained by this Court, will continue to cause irreparable injury to ASC
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and to the public. There is no adequate remedy at law for this injury.
COUNT I: FEDERAL TRADEMARK INFRINGEMENT
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Plaintiff realleges and incorporates by reference the above allegations.
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37.
The acts of Defendant complained of herein constitute infringement of
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federally registered SCORE Marks in violation of 15 U.S.C. 1114(1).

38.
The acts of Defendant described herein have been willful and in bad faith,
making this an exceptional case within the meaning of 15 U.S.C. 1117(a).
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COMPLAINT
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In light of the foregoing, Plaintiff is entitled to injunctive relief and to recover
from Defendant all damages, including attorneys fees, that Plaintiff has sustained and will
sustain as a result of such infringing acts, and all gains and profits obtained by Defendant
as a result thereof, in an amount not yet known.
COUNT II: FALSE DESIGNATION OF ORIGIN, UNFAIR COMPETITION,
AND TRADEMARK INFRINGEMENT
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The acts of Defendant complained of herein constitute false designation of
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origin, unfair competition, and trademark infringement of the SCORE Marks in violation of
Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a).
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43.
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COUNT III: CYBERSQUATTING UNDER 15 U.S.C. 1125(d)
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44.
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Defendant had and has a bad faith intent to profit from Plaintiffs ASC Score
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Marks, based upon, among other things, Defendant registering the Sqor domain name well
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after the registering and use of ASCs Marks, the Sqor domain name containing a name
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confusingly similar to ASCs legal or common name, and Defendants use of the Sqor
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domain name not in connection with a bona fide noncommercial or fair use purpose,
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Defendant registered, used, and uses the Sqor domain name, which at the time
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of registration was, and still is, confusingly similar to ASCs Marks, in violation of 15
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U.S.C. 1125(d).
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47.

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COMPLAINT
48.

COUNT IV: COMMON LAW TRADEMARK INFRINGEMENT
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The acts of Defendant complained of herein constitute trademark infringement
in violation of the common law of California.

51.
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The acts of Defendant have been conducted willfully to divert sales from
Plaintiff and inflict injury on Plaintiff.

52.
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COUNT V: UNFAIR COMPETITION UNDER STATE LAW
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Defendants conduct is unlawful, unfair, and/or fraudulent.
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The acts of Defendant complained of herein have at all times been willful, and
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constitute unfair competition in violation of California Business & Professions Code
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17200 et. seq.
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56.
As a result of this unfair competition, Plaintiff has suffered, and will in the
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future suffer, irreparable injury to its business, reputation, and goodwill. Plaintiff will
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suffer such irreparable injury unless and until Defendants misconduct is enjoined by the
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Court.
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57.
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unknown.
Plaintiff has been damaged by the acts of Defendant in an amount currently
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COMPLAINT
PRAYER FOR RELIEF
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WHEREFORE, American Soccer Company, Inc. prays for entry of judgment against
Defendant as follows:
1.
Defendant, its officers, agents, servants, employees, attorneys, and all those
persons in active concert or participation with them be preliminarily and permanently
enjoined and restrained:
(a)
From using SQOR, the Infringing Marks, or the SCORE Marks or any
variation thereof, whether alone or in combination with any other word(s) or element(s), or
any mark, name, domain name, or other designation which depicts, contains, or consists of
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any name or mark confusingly similar to the SCORE Marks;

(b)
From registering, attempting to register, or maintaining any trademark
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registration, trademark, trade name, domain name, trade designation, or other indicia of
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origin or source containing SQOR, the Infringing Marks, or the SCORE Marks or any
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variation thereof, whether alone or in combination with any other word(s) or element(s), or
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any mark, name, domain name, or other designation which depicts, contains, or consists of
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any name or mark confusingly similar to the SCORE Marks; and
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(c)
From committing any acts or making any statements calculated, or the
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reasonably foreseeable consequence of which would be, to infringe any of ASCs
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trademark rights in the SCORE Marks, or to confuse, mislead, or deceive consumers as to
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sponsorship, approval or affiliation of ASC by, with, or of Defendant.
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2.
Consistent with paragraph (1)(a) above, Defendant be ordered to remove from
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sale or display, and recall, any and all products, catalogs, advertisements, and any other
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items or goods bearing SQOR, the Infringing Marks, or the SCORE Marks, or any word
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or words confusingly similar thereto.
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3.
Defendant be required to deliver to the Court for destruction, or show proof of
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destruction of, any and all products, labels, signs, prints, advertisements, signage, building
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design(s), packages, wrappers, catalogs, internet web pages, and any other materials in its
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possession or control bearing or depicting SQOR the Infringing Marks, or the SCORE
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COMPLAINT
Marks, or any other mark, name, or designation that includes SCORE (or any variation
thereof, whether alone or in combination with any other word(s) or element(s)).
4.
Defendant be ordered to file with this Court and to serve upon Plaintiff within
thirty (30) days after the entry and service on Defendant of an injunction, a report in
writing and under oath setting forth in detail the manner and form in which Defendant has
complied with the injunction.
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5.
Pursuant to 15 U.S.C. 1117, Plaintiff be awarded treble damages and
attorneys fees for willful infringement.

6.
An accounting be directed to determine the profits of Defendant resulting from
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the activities complained of herein, and that such profits be paid over to Plaintiff, increased
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as the Court finds to be just under the circumstances of this case.
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7.
For an award of profits, damages, and fees to the full extent available,
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including statutory damages, and punitive damages to the full extent available in
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connection with the claims under California law.
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Plaintiff be awarded prejudgment and post-judgment interest.
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Plaintiff be granted such other and further relief, at law or in equity, as the
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Court may deem just and proper.

Dated: August 27, 2015
ONE LLP
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By:/s/John E. Lord
John E. Lord
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COMPLAINT
DEMAND FOR JURY TRIAL
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Plaintiff hereby demands a trial by jury as to all claims and all issues properly triable
thereby.
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Dated: August 27, 2015
ONE LLP
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By:/s/John E. Lord
John E. Lord
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COMPLAINT
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
Case 2:15-cv-06600 Document 1 Filed 08/27/15 Page 28$0.00

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Case 2:15-cv-06600 Document 1 Filed 08/27/15 Page 1 of 34 Page ID #:1

John E. Lord (Bar No. 216111)

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

AMERICAN SOCCER COMPANY, INC.,

Case No. 2:15-cv-6600

SQOR, INC., a Delaware corporation,

(2) FALSE DESIGNATION OF

(4) COMMON LAW TRADEMARK

DEMAND FOR JURY TRIAL

Case 2:15-cv-06600 Document 1 Filed 08/27/15 Page 2 of 34 Page ID #:2

Plaintiff American Soccer Company, Inc., appearing through undersigned counsel,

Plaintiff American Soccer Company, Inc. (ASC or Plaintiff) is a

Wilmington, California 90744.

On information and belief, Defendant Sqor, Inc. (Sqor or Defendant) is a

Francisco, California 94111.

On information and belief, Defendant owns and operates www.sqor.com, and

has actively participated in the acts complained of herein.

This is an action for trademark infringement, false designation of origin,

common law of California.

marketed itself in this District.

Venue is proper in this district pursuant to 28 U.S.C. 1391.

Case 2:15-cv-06600 Document 1 Filed 08/27/15 Page 3 of 34 Page ID #:3

PLAINTIFF AND ITS MARKS

continually used in commerce by ASC.

for balls, and field equipment.

social media accounts, and flyers.

ASC has invested considerable effort and resources in advertising and

As a result of ASCs long history of usage and extensive promotion of the

its goods and services from others.

The SCORE Marks are well-known and widely

Case 2:15-cv-06600 Document 1 Filed 08/27/15 Page 4 of 34 Page ID #:4

ASC owns the domain name scoresports.com, which was registered in or

including the following registrations:

Dec. 23, 1986

May 12, 2009

Mar. 15, 2011

Copies of these registrations are attached to the Complaint as Exhibits A, B, C,

Case 2:15-cv-06600 Document 1 Filed 08/27/15 Page 5 of 34 Page ID #:5

Pursuant to the Lanham Act, ASCs registrations identified above constitute

1057(b) and 1115(a). In addition, ASCs registrations constitute constructive notice of

registrations identified in Exhibits A and B have become incontestable pursuant to 15

commerce. See 15 U.S.C. 1115(b).

the Central District of California, as well as other judicial districts.

On information and belief, Defendants platform revolves exclusively around

marketers at massive scale, including the merchandising of athletic wearing apparel

products, sold through this website.

Defendants SQOR mark is pronounced as the English word score.

Case 2:15-cv-06600 Document 1 Filed 08/27/15 Page 6 of 34 Page ID #:6

Defendant markets, promotes, and advertises the Infringing Marks to the

of its SCORE marks.

The products offered by Defendant under the Infringing Marks, such as

offered by ASC in connection with ASCs SCORE marks.

has not ceased its unauthorized imitation of ASCs SCORE Marks.

On information and belief, Defendant intends to continue its unauthorized

imitation of ASCs SCORE Marks.

Defendants use of the Infringing Marks in commerce is without the

permission, license or authority of ASC.

federally-registered SCORE Marks.

Such use is confusingly similar to ASCs

Defendants continued infringement of the SCORE Marks is with full

in this District, in an effort to trade on ASCs valuable goodwill.