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Case 2:15-cv-09245 Document 1 Filed 11/30/15 Page 1 of 18 Page ID #:1

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BAHRAM NIKNIA (SBN 256181)


NIKNIA LAW FIRM
1875 Century Park East, Suite 1240
Los Angeles, CA 90067
Telephone: (310) 601-8025
Facsimile: (310) 909-7179
bniknia@niknialaw.com
Attorneys for Plaintiff
Bruce Brown Films, LLC

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

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Bruce Brown Films, LLC,


Plaintiff,

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v.
LIPSTICK QUEEN, LLC and DOES 1
through 10, inclusive
Defendants.

Case No.
COMPLAINT FOR DAMAGES
AND INJUNCTIVE RELIEF
(1) FEDERAL TRADEMARK
INFRINGEMENT;
(2) FEDERAL UNFAIR
COMPETITION AND FALSE
DESIGNATION OF ORIGIN;
(3) FEDERAL TRADEMARK
DILUTION;
(4) FEDERAL FALSE
ADVERTISING;
(5) COMMON LAW
TRADEMARK
INFRINGEMENT;
(6) COMMON LAW UNFAIR
COMPETITION;
(7) STATE FALSE
ADVERTISING

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JURY TRIAL DEMANDED

Case 2:15-cv-09245 Document 1 Filed 11/30/15 Page 2 of 18 Page ID #:2

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INTRODUCTION
1.

Plaintiff is the legal and/or beneficial owners of all trademarks,

3 commercial use and merchandising rights, publicity rights and related rights
4 associated with the well-known motion picture THE ENDLESS SUMMER.
5

2.

Defendants are trading off the good will associated with THE

6 ENDLESS SUMMER by offering for sale to the public, unauthorized ENDLESS


7 SUMMER branded merchandise that is likely to confuse consumers as to Plaintiffs
8 sponsorship, association with or endorsement of Defendants goods and in direct
9 competition with Plaintiff.
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3.

Plaintiff seeks injunctive relief to stop Defendants' infringing conduct,

11 and compensatory, statutory and treble damages to compensate them for the harm
12 Defendants have done.
13
14

PARTIES
4.

Plaintiff Bruce Brown Films, LLC (Plaintiff) is a California limited

15 liability company with a principle place of business in Los Angeles, California.


16

5.

Plaintiff is informed and believes that Lipstick Queen, LLC (LQ), is

17 a limited liability company existing under the laws of Delaware. Plaintiff is


18 informed and believes that LQ conducts business throughout the United States
19 including California.
20

6.

Defendants Doe 1 through Doe 10, inclusive, are sued herein under

21 fictitious names. Their true names and capacities are unknown to Plaintiff. When
22 their true names and capacities are ascertained, Plaintiff will amend this Complaint
23 by inserting their true names and capacities herein. Plaintiff is informed and
24 believes, and thereon alleges, that each of the fictitiously named defendants is
25 responsible in some manner for the occurrences herein alleged, and that Plaintiffs
26 damages as herein alleged were proximately caused by those defendants. Each
27 reference in this Complaint to Defendant or Defendants refers also to all
28 Defendants, including LQ and all Defendants sued under fictitious names.
!2

Complaint

Case 2:15-cv-09245 Document 1 Filed 11/30/15 Page 3 of 18 Page ID #:3

7.

Plaintiff is informed and believes, and on thereon alleges, that at all

2 times herein mentioned each of the Defendants, including all Defendants sued under
3 fictitious names, was the agent, employee, or representative of each of the remaining
4 Defendants, and in doing the things hereinafter alleged, was at times acting within
5 the course and scope of this agency or employment, and at other times, acting in his
6 own individual capacity. In the alternative, each of the individually named
7 Defendants, as alleged herein below, acted in concert and in furtherance of their
8 fraudulent plan and scheme and each actively participated in the wrongful acts
9 alleged herein below.
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JURISDICTION AND VENUE


8.

This Court has subject matter jurisdiction over this Complaint pursuant

12 to 28 U.S.C. 1331 and 1338, because the action arises under the Lanham
13 Trademark Act of 1946, 15 U.S.C. 1051 et seq., and pursuant to the supplemental
14 jurisdiction provisions contained in 28 U.S.C. 1367.
15

9.

This Court has personal jurisdiction over Defendants because, on

16 information and belief, Defendants regularly conduct and have conducted business
17 in California and this District by, among other things, selling products throughout
18 the state of California. Specifically, on information and belief, LQ sells cosmetic
19 products including lipstick within the state of California and in this District.
20 Additionally, Defendants conduct, which constitutes trademark infringement and
21 contributory trademark infringement occurred in this District, and has caused and
22 continues to cause Plaintiff to suffer harm in this District.
23

10.

Venue is proper in this district pursuant to 28 U.S.C. 1391(b) in that,

24 inter alia, a substantial portion of the acts giving rise to this case occurred within this
25 district, and pursuant to 28 U.S.C. 1400, in that Plaintiffs and these Defendants, or
26 their agents, conduct business, reside or may be found within this district.
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Complaint

Case 2:15-cv-09245 Document 1 Filed 11/30/15 Page 4 of 18 Page ID #:4

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PLAINTIFFS BUSINESS AND TRADEMARKS


11.

Plaintiffs founder and managing member, Bruce Brown, is an

3 internationally recognized pioneer in the field of films and documentaries depicting


4 the sport of surfing and has been dubbed the [Ingmar] Bergman of the
5 [surf]boards by Time magazine.
6

12.

Mr. Browns 1966 motion picture, The Endless Summer, which follows

7 two surfers on their trip around the world in search of the perfect wave is considered
8 to be one of the most influential films to depict surfing and the surfing lifestyle. The
9 title of the film, coined by Mr. Brown, refers to the idea that one could surf
10 throughout the year if they were able to follow the summer season by traveling
11 around the world, thereby making the summer endless.
12

13.

The Endless Summer film has been hailed as the most important and

13 influential statement on surfing by the Washington Post, perfectly expressing the


14 surfing spirit, by the New Yorker magazine, and The greatest surf film ever
15 made, by Surfer Magazine.
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14.

In addition, the movie poster form The Endless Summer film, is also

17 considered iconic and world famous. The posters composition featuring three
18 surfers silhouette against a blazing background of orange, magenta, and yellow has
19 been called, the most recognizable piece of Pop Art this side of Warhol, and was
20 featured in a nine-page Vanity Fair article in 2014 which exclaimed, The Endless
21 Summer poster is 50 years old, and it hasnt aged a minute. In 2015, the Endless
22 Summer film and film poster were inducted into the Smithsonian Institute.
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15.

As a result of the success and popularity of The Endless Summer film

24 and movie poster and the substantial time, money and effort that has been expended
25 to promote them, merchandise based on The Endless Summer film and poster image
26 has been widely sold and distributed in the United States and elsewhere. Such
27 merchandise has been identified in various ways, including through the use of the
28 words Endless Summer, the slogans In Search of the Perfect Wave, and Search
!4

Complaint

Case 2:15-cv-09245 Document 1 Filed 11/30/15 Page 5 of 18 Page ID #:5

1 for the Perfect Wave (collectively the Slogans), various images and
2 compositional elements from the film and emblematic of the film poster, and
3 combinations of the words Endless Summer, the Slogans and images and elements
4 from the film and film poster.
5

16.

Plaintiff, Bruce Brown Films, LLC, was organized to manage the

6 merchandising and licensing of distinctive trademarks and copyrights associated


7 with the success and renown of the Endless Summer film and poster.
8

17.

Plaintiff is the legal and beneficial owner of multiple federal trademark

9 registrations (the Trademarks), for the brand name ENDLESS SUMMER, THE
10 ENDLESS SUMMER, SEARCH FOR THE PERFECT WAVE, and the Endless
11 Summer design mark, true and correct copies of which are attached hereto at Exhibit
12 A, for a wide variety of merchandise and services, as follows:
13
Mark

Reg. Date

Reg. or Serial
Number

Classes

The Endless Summer

July 28, 1992

1703373

25

Endless Summer

Sept. 25, 2007

3298604

6; 9; 11; 14; 16;


18; 21; 24; 25; 28;
32

19

Endless Summer

Jan. 15, 2008

3369887

25; 28

20

(Design mark)

Jan. 15, 2008

3369888

25; 28

21

Endless Summer

Dec. 21, 2010

3894999

39; 43

22

Endless Summer

Oct. 30, 2012

4232348

35

23

Endless Summer

Jan. 15, 2013

4276188

35; 42; 43

24

Endless Summer

Sept. 17, 2013

4403128

25

25

Search for the Perfect Jan. 11, 2011


Wave

3903054

25

Endless Summer

pending

86692676

33

Endless summer

pending

86692718

30; 32

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Complaint

Case 2:15-cv-09245 Document 1 Filed 11/30/15 Page 6 of 18 Page ID #:6

18.

The Endless Summer brand has been the subject of authorized

2 merchandise for at least 33 years, and Plaintiff has granted licensing rights to
3 Endless Summer copyrights, merchandise rights, publicity rights and the
4 Trademarks for use on and in merchandise, goods and services.
5

19.

The Endless Summer brand continues to be a highly profitable property

6 for purposes of merchandise licensing. Under applicable licensing agreements,


7 many different products featuring Endless Summer are available to the public,
8 including, without limitation, apparel, accessories, stationery, mugs, posters, signs,
9 collectibles, jewelry, watches, beer, wine and numerous other products. These
10 products are manufactured under strict quality control and style approval.
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20.

The products and services licensed by authority of Plaintiff have

12 become and are well known to the American public, and products based on Endless
13 Summer have generated wide consumer appeal.
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21.

As a result of the above-described actions, the brand Endless Summer

15 as well as images from and emblematic of the Endless Summer film and poster
16 possess valuable goodwill and are well known to the public as identifying products
17 and services which are authorized by Plaintiff, and which originate from Plaintiff.
18 For this reason, Plaintiff possesses common law trademark rights in the names
19 Endless Summer and in images from and emblematic of the Endless Summer film
20 and film poster, in addition to the registered Trademarks.
21

22.

Plaintiffs Trademarks are all valid, extant and in full force and effect.

22 The Trademarks are all exclusively owned by Plaintiff. Plaintiff has continuously
23 used each of the Trademarks from the registration date, or earlier, until the present
24 time and at all times relevant to the claims alleged in this Complaint.
25

23.

As a result of advertising and sales, together with longstanding

26 consumer acceptance, theTrademarks identify Plaintiffs products and authorized


27 sales of these products. The Trademarks have each acquired secondary meaning in
28 the minds of consumers throughout the United States and the world.
!6

Complaint

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24.

The revenue from goods and services sold in the United States which

2 use the Trademarks is substantial. The appearance and other features of the
3 Trademarks are inherently distinctive and serve to identify Plaintiff, and its licensees
4 as the source of products bearing the Trademarks.
5

25.

Plaintiffs Intellectual Property is well known to the American public,

6 and is permanently intertwined with the motion picture The Endless Summer, and as
7 such, Endless Summer and the images emblematic of the Endless Summer film
8 poster have become famous and distinctive brands.
9

26.

Plaintiff has not granted to Defendants any right to use Plaintiffs

10 intellectual property.
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Defendants Infringing Acts


27.

On information and belief, Defendants are engaged in the business of

13 selling lipstick.
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28.

On information and belief, Defendants began selling lipstick with the

15 brand name Endless Summer without authorization from Plaintiff within the last
16 year (the Infringing Merchandise). A depiction of Defendants infringing use is
17 attached hereto at Exhibit B.
18

29.

Defendants Infringing Merchandise uses images, compositional

19 elements and colors emblematic of Plaintiffs Endless Summer film poster.


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30.

Defendants Infringing Merchandise uses surfing terminology closely

21 associated with the Trademarks and the Endless Summer film, including Hang
22 Ten, Stoked, and Perfect Wave.
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31.

Defendants Infringing Merchandise refers to the Endless Summer film

24 in its promotional materials.


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32.

Defendants unauthorized use of the Endless Summer brand, images

26 compositional elements and colors emblematic of the Endless Summer film,


27 terminology closely associated with the Trademarks and the Endless Summer film
28 and reference to the Endless Summer film in its promotional materials creates
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Complaint

Case 2:15-cv-09245 Document 1 Filed 11/30/15 Page 8 of 18 Page ID #:8

1 confusion as to Plaintiffs authorization, association with or endorsement of


2 Defendants goods.
3

33.

Defendants knowingly intended to impermissibly trade on the fame and

4 goodwill associated with Plaintiffs intellectual property in its unauthorized use of


5 Plaintiffs Intellectual Property.
6

34.

Plaintiff has demanded that Defendants cease and desist from further

7 infringing activity. However, Defendants have failed and refused to cease or desist
8 and continue to sell Infringing Merchandise in violation of Plaintiffs trademark
9 rights.
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COUNT ONE

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Trademark Infringement, 15 U.S.C. 1114 et seq.

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Against All Defendants and Does 1-20 (Collectively Defendants)

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35.

Plaintiff incorporate herein by reference, paragraphs 1 through 34 of the

14 Complaint.
15

36.

Plaintiff holds valid and subsisting trademark registrations for the

16 Trademarks, including the Endless Summer brand, and has used them extensively
17 and continuously in interstate commerce throughout the United States.
18

37.

The Endless Summer marks are arbitrary and fanciful and have attained

19 secondary meaning. Registration numbers 1703373, 3298604, 3369887, and


20 3369888 have all been deemed incontestable, pursuant to the filing of affidavits
21 under 15 USC 1058 and 1065.
22

38.

As a direct and proximate result of Defendants use of the Endless

23 Summer names and marks and other indicia identifying Plaintiff on and/ or in
24 connection with its goods, the public has been and/or is likely to be confused and
25 deceived as to the origin or source of Defendants goods, and/ or to falsely believe
26 that there is an association between Plaintiff on the one hand, and Defendants
27 goods, on the other.
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Complaint

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39.

Defendants' distribution, sale, offer for sale, or rental of Infringing

2 Merchandise bearing Plaintiffs' trademarks in California and interstate commerce


3 has and will cause the likelihood of confusion, deception, and mistake in that the
4 buying public will conclude that the products sold by the Defendants are authorized,
5 sponsored, approved, or associated with the Plaintiffs.
6

40. As a direct and proximate result of Defendants actions as above-

7 described, the public is likely to be confused as to the origin or source of Plaintiffs


8 and/or its licensees' goods, i.e., the public is likely to believe that Defendants
9 Infringing Merchandise is the same as or is associated with Plaintiffs and/or its
10 licensees' goods bearing the Endless Summer Marks, when in truth and in fact they
11 are not.
12

41.

Plaintiff is informed and believes that Defendants currently

13 manufactures, distributes, offers to sell and/or sells its Infringing Merchandise


14 throughout the United States in interstate commerce.
15

42.

Because of Defendants use of the Endless Summer Marks in

16 connection with its Infringing Merchandise, Defendants sales of its line of Endless
17 Summer and other Infringing Merchandise to the public has had and will have an
18 adverse effect upon Plaintiffs and its licensees' business in this District, the State of
19 California and throughout the United States.
20

43.

In addition, the continued distribution of Defendants Infringing

21 Merchandise under and/or in connection with the Endless Summer names and marks
22 will cause the Trademarks to lose their distinctive qualities and will erode Plaintiffs
23 selling power.
24

44.

Despite prior notifications of its infringing conduct, Defendants have

25 not only continued to use the Trademarks without authorization, but have escalated
26 their impermissible use by expanding the use, offering an even wider variety of
27 merchandise under the Trademarks. Such actions are intentional and willful.
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Complaint

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45.

Because Plaintiff cannot control the nature and quality of Defendants

2 goods, Defendants infringing activities have had and will have an adverse effect on
3 Plaintiffs business and reputation in this District, the State of California and
4 throughout the United States.

Said acts of infringement will cause irreparable

5 injury to the Plaintiff if the Defendants are not restrained by the Court from further
6 violation of the Plaintiffs' rights as the Plaintiffs have no adequate remedy at law.
7

46.

As a direct and proximate result of Defendants intentional actions,

8 Plaintiff has suffered and will continue to suffer damages in an amount presently
9 unknown and to be determined at time of trial.
10

COUNT TWO

11

Unfair Competition and False Designation of Origin

12

47.

Plaintiff incorporate herein by reference, paragraphs 1 through 46 of the

13 Complaint.
14

48.

Plaintiff's claim arises under Section 43(a) of the Lanham Act, 15

15 U.S.C. 1125(a), for false designation of origin and false descriptions and
16 representations in interstate commerce.
17

49.

As stated above, Plaintiff is the owner of all rights in and to the Endless

18 Summer Marks which is inherently distinctive as it is an arbitrary, coined term.


19

50.

Plaintiff has used its Trademarks, including the Endless Summer

20 Marks on and in connection with a wide variety items and merchandise, including
21 but not limited to consumer goods, t-shirts and other clothing, novelty items, as
22 well as in Plaintiffs promotional and marketing efforts of the Endless Summer film,
23 in interstate commerce throughout the United States and indeed, worldwide.
24

51.

Through Plaintiffs extensive advertising and promotional activities and

25 merchandising and licensing activities, the Trademarks, including Endless Summer


26 have acquired secondary meaning and are famous marks. Plaintiff has established
27 extensive goodwill in the Trademarks, and they are uniquely associated with
28 Plaintiff in the minds of the general public.
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Complaint

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52.

Defendants have used and continues to use the Endless Summer mark

2 and other Endless Summer-related themes and marks on and/or in connection with
3 the Infringing Merchandise.
4

53.

As it is offered over the Internet, Defendants Infringing Merchandise

5 is targeted to the same consumers as Plaintiff and its licensees target their Endless
6 Summer related merchandise in interstate commerce throughout the United States.
7

54.

Defendants sales of its Infringing Merchandise have had and will have

8 an adverse effect upon Plaintiffs business in this District, the State of California and
9 throughout the United States.
10

55.

Defendants offering for sale, sale, distribution and advertising of its

11 Infringing Merchandise are intentionally designed to deceive and have deceived


12 customers and prospective customers into believing that the Infringing Merchandise
13 is authorized, licensed or otherwise approved by Plaintiff.
14

56.

As a direct and proximate result of Defendants actions, the public is

15 likely to be confused and has been confused as to the origin and source of the
16 Infringing Merchandise and/or to believe that Defendants are licensed, sponsored, or
17 otherwise authorized by Plaintiff to offer the Infringing Merchandise.
18

57.

Defendants blatant and continued use of the Trademarks, despite

19 notifications of such infringing conduct, constitutes willful and intentional


20 infringement and unfair competition
21

58.

As a direct and proximate result of Defendants actions, Plaintiff is

22 entitled to injunctive relief enjoining and restraining Defendants from use of the
23 Trademarks and other Endless Summer marks throughout the United States.
24

59.

Because Plaintiff cannot control the nature and quality of Defendants

25 goods, Defendants infringing activities have had and will have an adverse effect on
26 Plaintiffs business and reputation in this District, the State of California and
27 throughout the United States, and Plaintiff has no adequate remedy at law.
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Complaint

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60.

The Defendants have obtained gains, profits and advantages as a result

2 of their unlawful acts.


3

61.

As a direct and proximate result of Defendants acts, Plaintiff has been

4 injured and will continue to suffer monetary damages in this District, the State of
5 California and throughout the United States in an amount presently unknown and to
6 be determined at trial.
7

COUNT THREE

Federal Trademark Dilution

62.

Plaintiff incorporate herein by reference, paragraphs 1 through 62 of the

10 Complaint.
11

63.

Plaintiff's claim arises under Section 43(c) of the Lanham Act, 15

12 U.S.C. 1125(c).
13

64.

As above-described, Plaintiff has famous marks as defined by 15

14 U.S.C. 1125(c)(1)(a) through (h), by reason of its ownership of the family of


15 Endless Summer Marks.
16

65.

Defendants above-described uses of the infringing Endless Summer

17 marks began after Plaintiffs Endless Summer Marks had become famous.
18

66.

Defendants above-described infringing uses cause actual dilution of

19 Plaintiffs famous Endless Summer Marks in that they are likely to lessen the
20 capacity of the aforesaid Marks to identify and distinguish Plaintiffs or its licensees'
21 goods and services as defined in 15 U.S.C. 1127.
22

67.

As a direct and proximate result thereof, Plaintiff is entitled to

23 injunctive relief enjoining and restraining Defendants from use of the Trademarks,
24 and other Endless Summer Marks throughout the United States.
25

68.

Plaintiff has no adequate remedy at law.

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Complaint

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COUNT FOUR

Federal False Advertising

69.

Plaintiff incorporate herein by reference, paragraphs 1 through 68 of the

4 Complaint.
5

70.

Plaintiff's claim arises under Section 43(a)(2) of the Lanham Act, 15

6 U.S.C. 1125(a)(2) for false advertising.


7

71.

In connection with the commercial advertising and promotion of the

8 Infringing Merchandise in interstate commerce, the statements on Defendants


9 website expressly link the Infringing Merchandise with the Endless Summer film
10 and elements of the Endless Summer film poster, themes and slogans thereof. These
11 statements are designed to and do create the false and misleading impression that
12 Plaintiff is the source of Defendants authority to manufacture and sell the Infringing
13 Merchandise when in truth and in fact Plaintiff is not, and Defendants actions are
14 wholly unauthorized.
15

72.

Defendants statements relating to the Endless Sumer film compound

16 the false association and/or connection and further enhance the false implication that
17 the Infringing Merchandise is authorized, endorsed, or sponsored by Plaintiff.
18

73.

Such statements are material, implicitly false and misleading in

19 violation of Section 43(a)(2) of the Lanham Act, 15 U.S.C. 1125(a)(2).


20

74.

Defendants conduct is willful, deliberate, intentional and in bad faith.

21

75.

Defendants false and misleading statements about the source of the

22 Infringing Merchandise are likely to deceive, and have deceived, consumers and
23 have caused and are likely to cause harm to Plaintiff.
24

76.

As a direct and proximate result of Defendants false and misleading

25 statements, Plaintiff has suffered and will continue to suffer irreparable injury in this
26 District, the State of California and throughout the United States, providing no
27 adequate remedy at law.
28
!13

Complaint

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77.

As a direct and proximate result of Defendants false and misleading

2 statements, Plaintiff has been injured and will continue to suffer damages in this
3 District, the State of California and throughout the United States in an amount
4 presently unknown and to be determined at trial.
5

COUNT FIVE

Common Law Trademark Infringement

78.

Plaintiff incorporate herein by reference, paragraphs 1 through 77 of the

8 Complaint.
9

79.

Plaintiff's claim arises under the common law of California for

10 trademark infringement.
11

80.

The use by Defendants of the Trademarks, including the Endless

12 Summer Marks, in connection with the sale and offering for sale of the Infringing
13 Merchandise is in violation of Plaintiffs common law rights to the exclusive use of
14 its Endless Summer Marks throughout California and the United States.
15

81.

As a direct and proximate result of Defendants infringing conduct,

16 Plaintiff is entitled to injunctive relief enjoining and restraining Defendants from


17 use of the Trademarks and other Endless Summer Marks throughout the United
18 States.
19

82.

As a direct and proximate result of Defendants infringing conduct,

20 Plaintiff has suffered and will continue to suffer lost profits and damage to its
21 business reputation and goodwill in this District, the State of California and
22 throughout the United States, providing no adequate remedy at law.
23

83.

As a direct and proximate result of Defendants infringing conduct,

24 Plaintiff has been injured and will continue to suffer damages in this District, the
25 State of California and throughout the United States in an amount presently
26 unknown and to be determined at trial.
27
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!14

Complaint

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COUNT SIX

Common Law Unfair Competition

84.

Plaintiff incorporate herein by reference, paragraphs 1 through 83 of the

4 Complaint.
5

85.

Plaintiff's claim arises under California Business & Professions Code

6 17200 for unfair competition.


7

86.

Plaintiff is informed and believes that with full knowledge of the

8 existence and fame of the Trademarks, including the Endless Summer Marks,
9 Defendants have attempted to trade upon the goodwill and fame of the Trademarks,
10 and have misled and will mislead the public into assuming a connection or
11 association between Defendants and Plaintiff.
12

87.

Defendants use of the Trademarks has caused and/or is likely to cause

13 damage to Plaintiff in this District, the State of California and throughout the United
14 States by tarnishing the valuable reputation and goodwill Plaintiff has established in
15 the Trademarks and diluting the distinctiveness of the Trademarks.
16

88.

The aforesaid acts by Defendants in falsely suggesting a connection

17 with Plaintiff, in tarnishing the reputation of Plaintiff and its products, and in
18 diluting the distinctive nature of Plaintiffs Endless Summer Marks constitute acts of
19 unfair competition in violation of Cal. Bus. & Prof. Code 17200 and the common
20 law.
21

89.

As a direct and proximate result of Defendants infringing conduct,

22 Plaintiff is entitled to injunctive relief enjoining and restraining Defendants from use
23 of the Trademarks, and other Endless Summer Marks throughout the United States.
24

90.

As a direct and proximate result of the willful and wanton acts of

25 Defendants, Plaintiff has been and will continue to be irreparably injured in this
26 District, the State of California and throughout the United States with no adequate
27 remedy at law.
28
!15

Complaint

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COUNT SEVEN

State False Advertising

91.

Plaintiff incorporate herein by reference, paragraphs 1 through 90 of the

4 Complaint.
5

92.

Plaintiff's claim arises under California Business & Professions Code

6 17500 for false advertising.


7

93.

Defendants above-described false and misleading statements are in

8 violation of California Business and Professions Code 17500.


9

94.

As a direct and proximate result thereof, Plaintiff is entitled to

10 injunctive relief enjoining and restraining Defendants from use of the Endless
11 Summer marks throughout the United States.
12

95.

13

WHEREFORE, Plaintiff respectfully prays for Judgment to be entered

Plaintiff has no adequate remedy at law.

14 against Defendants as follows:


15

1.

That the Court enter a judgment against each Defendant that each

16 Defendant has willfully infringed Plaintiffs rights in the common law and federally
17 registered Trademarks.
18

2.

That the Court issue temporary, preliminary and permanent injunctive

19 relief against each Defendant, their officers, agents, representatives, servants,


20 employees, attorneys, successors and assigns, and all others in active concert and/or
21 participating with Defendants, so that all such persons be enjoined and restrained
22 from using Plaintiffs Trademarks, including the Endless Summer mark, and any
23 colorable imitations of Plaintiffs Trademarks, on and in connection with the
24 manufacture, advertisement, promotion, distribution, and or sale of any goods or
25 services.
26

3.

Directing that the Defendants deliver for destruction all Infringing

27 Merchandise including goods, labels, signs, prints, packages, dyes, wrappers,


28 receptacles, and advertisements in their possession or under their control bearing
!16

Complaint

Case 2:15-cv-09245 Document 1 Filed 11/30/15 Page 17 of 18 Page ID #:17

1 any of Plaintiffs Trademarks or any simulation, reproduction, counterfeit, copy, or


2 colorable imitation thereof, and all plates, molds, heat transfers, screens, matrices,
3 and other means of making the same.
4

4.

For an award of actual damages Plaintiff sustained as a result of

5 Defendants acts of infringement, unfair competition and dilution of the Trademarks


6 and false advertising, pursuant to 15 U.S.C. 1117(a) and the common law, and a
7 trebling of such damages.
8

5.

For an order requiring Defendants to account for and pay over to

9 Plaintiff all gain, profits and advantages derived by Defendant from its acts of
10 infringement, unfair competition and dilution of the Trademarks and false
11 advertising, pursuant to 15 U.S.C. 1117(a) and the common law.
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That the Court order each Defendant to pay Plaintiff both the costs of

13 this suit and the reasonable attorneys fees incurred by Plaintiff in investigating and
14 prosecuting this action.
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That the Court award Plaintiff on his state law claims compensatory

16 damages in an amount to be determined at trial.


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That the Court award Plaintiff punitive damages in such amounts as

18 may be determined at trial.


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That the Court award Plaintiff prejudgment interest according to law.

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That the Court grants to Plaintiff such other and additional relief as is

21 just and proper.


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!17

Complaint

Case 2:15-cv-09245 Document 1 Filed 11/30/15 Page 18 of 18 Page ID #:18

DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable.

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DATED: November 25, 2015

NIKNIA LAW FIRM


BAHRAM NIKNIA
By: _/s/ Bahram Niknia
BAHRAM NIKNIA

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Attorneys for Plaintiff


Bruce Brown Films, LLC

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!18

Complaint

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