NFL Properties v. Humphries - Counterfeiting Complaint (Seal Has Been Lifted) PDF

Case 3:16-cv-00474-CRB Document 22 Filed 02/11/16 Page 1 of 40
Plaintiffs NFL Properties LLC (NFLP), Panthers Football, LLC d/b/a Carolina Panthers
(the Carolina Panthers), and PDB Sports, Ltd. d/b/a Denver Broncos Football Club (the Denver
Broncos), by their attorneys Kilpatrick Townsend & Stockton LLP (Kilpatrick Townsend), for
their Verified Complaint against Defendants Felannia Humphries, Christophe Dion Duckett,
Ramon Hernandez Jr., Nigel Piers Nelson, DOE 3, and DOES 6 through 100, inclusive
(collectively referred to as Defendants), allege upon personal knowledge with respect to the
allegations relating to Plaintiffs, and upon information and belief with respect to those allegations
concerning Defendants and/or third parties, as follows:
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INTRODUCTION
1.
Trademark counterfeiting is an illegal, multi-billion dollar business that harms
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consumerswho are deceived into believing they are buying genuine goods when they are
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actually buying counterfeits, and brand owners, who are subject to a loss of goodwill from these
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lesser quality counterfeits bearing their marks and which deprive the brand owner of sales.
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Defendants in this litigation consist primarily of large-scale, professional counterfeiters; largely
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anonymous, mobile middlemen; and street vendors. These Defendants sell unlicensed, counterfeit
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souvenir merchandise (Counterfeit Merchandise) and unlicensed, unredeemable Super Bowl
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tickets (Counterfeit Tickets) bearing trademarks, logos, and other identifying indicia that are
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owned and/or controlled by (a) NFLP, the owner of all the National Football Leagues (NFL)
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trademarks, names, logos, symbols, slogans, designs, and other identifying marks and indicia
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(both registered and unregistered) with responsibility for licensing and protecting the same; and
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(b) the National Football Leagues (NFL) thirty-two member clubs (the Member Clubs),
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including the Carolina Panthers and the Denver Broncos. Defendants seek to trade off the
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enormous popularity and goodwill of Plaintiffs, the NFL Member Clubs, and the NFLs Super
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Bowl championship game by selling unlicensed Counterfeit Merchandise and Counterfeit Tickets.
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2.
The great popularity of the Super Bowl gamethe culmination of the NFL and its
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Member Clubs presentation of regular season and playoff football gamesand the strong public
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interest in it annually generate the production and sale of substantial quantities of Counterfeit
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Merchandise and Counterfeit Tickets. This year, Plaintiffs, the Carolina Panthers and the Denver
FIRST AMENDED COMPLAINT
Case No. 3:16-cv-00474-CRB *SEALED*
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Broncos, will be competing in the Super Bowl 50 championship game, which will be held at
Levis Stadium in Santa Clara, California, on Sunday, February 7, 2016.
3.
The Super Bowl 50 championship game is a landmark occasion, as it represents a
half-century of Super Bowl games being played throughout the United States. To celebrate the
Super Bowl 50 game, the NFL unveiled a yearlong gold-themed campaign called On The Fifty,
which is designed to link the past forty-nine Super Bowl games with this years milestone. The
NFL has incorporated the campaign throughout the regular season by rendering its NFL logos in
gold, painting the 50-yard marker gold at every stadium, and designing players uniforms to
include the golden commemorative color. The NFL has even switched, just this once, from using
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the traditional Roman numerals in the Super Bowl games title to using the Arabic numeral 50
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to mark this commemorative event. The Super Bowl 50 championship game is expected to be one
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of the most celebrated Super Bowl games in NFLs history.
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4.
The counties of Santa Clara, San Francisco, Alameda, and San Mateo (collectively,
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Bay Area Counties) are hosting the Super Bowl 50 game, and numerous Super Bowl 50-related
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events are scheduled to take place throughout the Bay Area Counties in the days leading up to the
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game. Some examples of the Super Bowl 50-related events scheduled to take place in the Bay
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Area Counties include Super Bowl City at Justin Herman Plaza and the NFL Experience at
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the Moscone Center in San Francisco from January 30, 2016, to February 7, 2016; the NFL Flag
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Championships, scheduled to be played on January 31, 2016, at Golden Gate Park and February 1,
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2016, at the Moscone Center; the NFLs Opening Night scheduled for February 1, 2016, at the
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SAP Center in downtown San Jose; NFL Films and the San Francisco Symphonys Concert of
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Champions, scheduled for February 3 and February 4, 2016, at Davies Symphony Hall in
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San Francisco; the NFL Foundations Legends on the Links Golf Tournament, scheduled to be
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played at Half Moon Bay Golf Links in San Mateo County on February 6, 2016; and numerous
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other celebrations and events throughout the Bay Area Counties.
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5.
Along with the immense worldwide attention focused on the Super Bowl 50 game
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comes a significant number of individuals and entities who seek to unfairly profit on Plaintiffs
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substantial goodwill by selling Counterfeit Merchandise and Counterfeit Tickets. Defendants

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descend on the region hosting the Super Bowl game shortly before the date of the game, distribute
their Counterfeit Merchandise and Counterfeit Tickets for ultimate cash sale, and then seek to
disappear without detection. These individuals and companies typically use false names, business
addresses, and sham forms of business organizations.

6.
Defendants counterfeiting irreparably injures the public and Plaintiffs. Consumers
are deceived into mistakenly believing that they are purchasing genuine products authorized by
Plaintiffs when, in fact, they are buying substandard, poor-quality counterfeit products. When the
Counterfeit Merchandise prematurely breaks, tears, shrinks, or fades, consumers question the
quality of Plaintiffs products since the products bear counterfeits of Plaintiffs trademarks. When
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fans attempt to use the Counterfeit Tickets to gain entry into the Super Bowl game but are turned
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away, the fans are extremely disappointed because the tickets bear counterfeits of Plaintiffs
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trademarks, but do not give the fans entry into the game. Further, these counterfeit goods and
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tickets not only dilute the value of Plaintiffs trademarks, but also tarnish them.
7.
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Plaintiffs have expended significant resources to investigate and stop this illegal
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counterfeiting to prevent consumers from being deceived and to protect the Plaintiffs reputations
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for high quality products and events as symbolized by their well-known trademarks.
8.
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Defendants sale of unlicensed Counterfeit Merchandise and Counterfeit Tickets
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bearing an imitation of Plaintiffs well-known trademarks is a direct violation of federal and
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California trademark laws, and the Plaintiffs rights under those laws. Accordingly, Plaintiffs seek
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a temporary restraining order, seizure order, and preliminary and permanent injunctive relief to
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stop Defendants continued deception of the public and the irreparable injury to Plaintiffs arising
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from Defendants sale and distribution of Counterfeit Merchandise and Counterfeit Tickets.
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Plaintiffs are seeking the temporary restraining order and seizure order on an ex parte basis
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because, as explained in Plaintiffs contemporaneously filed Memorandum of Law and supporting
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affidavits, proceeding on notice would render such relief meaningless for the reason that
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Defendants easily would circumvent the orders.
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PARTIES
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9.
Plaintiff NFL Properties LLC (NFLP) is a Delaware limited liability company
organized and existing under the laws of the State of Delaware, with its principal place of business
at 345 Park Avenue, New York, New York. NFLP is a wholly-owned subsidiary of NFL
Ventures, L.P., which is an affiliate under common control with the NFL. NFLP owns all of the
NFLs trademarks, names, logos, symbols, slogans, designs, and other identifying marks and
indicia (both registered and unregistered) and is responsible for licensing and protecting the same.
NFLP also is the authorized representative of the NFLs thirty-two Member Clubs with respect to
the licensing and protection of their trademarks, names, logos, symbols, slogans, designs, and
10
other identifying marks and indicia. The trademarks, names, logos, symbols, slogans, designs, and
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other identifying marks and indicia relating to the activities of the NFL and the Member Clubs are
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collectively referred to herein as the NFL Trademarks.
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10.
Plaintiff Panthers Football, LLC, an NFL Member Club, is a North Carolina
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Limited Liability Company with its principal place of business in Charlotte, North Carolina.
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Panthers Football LLC owns and operates a professional football team known as the Carolina
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Panthers.
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11.
Plaintiff PDB Sports, Ltd., an NFL Member Club, is a Colorado limited partnership
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with its principal place of business in Englewood, Colorado. PDB Sports, Ltd. owns and operates
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a professional football team known as the Denver Broncos.
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12.
As noted, the Carolina Panthers and the Denver Broncos will compete for the NFL
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championship in the Super Bowl 50 game, which will be played, with much anticipation and
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fanfare, on Sunday, February 7, 2016, at Levis Stadium in Santa Clara, California.
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13.
Plaintiffs file this First Amended Complaint to name Felannia Humphries as the
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Defendant previously identified as DOE Defendant 1. Plaintiffs are informed and believe, and on
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that basis allege, that Defendant Felannia Humphries, an individual who resides at 4158 West
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Washington Boulevard, #4, Chicago, Illinois 60624, was in the Bay Area Counties on the days
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leading up to, and on the day of the Super Bowl 50 game, and immediately thereafter, for the
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purposes of manufacturing, advertising, offering for sale, distributing, and/or selling Counterfeit
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Merchandise in violation of Plaintiffs rights, as more fully alleged herein, and accordingly is
subject to the jurisdiction and venue of this Court.
14.
Plaintiffs file this First Amended Complaint to name Christophe Dion Duckett as
the Defendant previously identified as DOE Defendant 2. Plaintiffs are informed and believe, and
on that basis allege, that Defendant Christophe Dion Duckett, an individual who resides at 1018
North 77th Street, Apt. #7, Memphis, Tennessee 38107, was in the Bay Area Counties on the days
leading up to, and on the day of the Super Bowl 50 game, and immediately thereafter, for the
purposes of manufacturing, advertising, offering for sale, distributing, and/or selling Counterfeit
Merchandise in violation of Plaintiffs rights, as more fully alleged herein, and accordingly is
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subject to the jurisdiction and venue of this Court.

15.
Plaintiffs file this First Amended Complaint to name Ramon Hernandez Jr. as the
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that basis allege, that Defendant Ramon Hernandez Jr., an individual who resides at 8807
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Liscarney Way, Sacramento, California 95828, was in the Bay Area Counties on the days leading
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up to, and on the day of the Super Bowl 50 game, and immediately thereafter, for the purposes of
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manufacturing, advertising, offering for sale, distributing, and/or selling Counterfeit Merchandise
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in violation of Plaintiffs rights, as more fully alleged herein, and accordingly is subject to the
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jurisdiction and venue of this Court.
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16.
Plaintiffs file this First Amended Complaint to name Nigel Piers Nelson as the
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that basis allege, that Defendant Nigel Piers Nelson, an individual who resides at 558 East Pacific
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Coast Highway , Long Beach, California 90804, was in the Bay Area Counties on the days leading
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up to, and on the day of the Super Bowl 50 game, and immediately thereafter, for the purposes of
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manufacturing, advertising, offering for sale, distributing, and/or selling Counterfeit Merchandise
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and Counterfeit Tickets in violation of Plaintiffs rights, as more fully alleged herein, and
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accordingly is subject to the jurisdiction and venue of this Court.
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17.
Plaintiffs are informed and believe, and on that basis allege, that Defendants
DOE 3 and DOES 6 through 100 are corporations, partnerships, proprietorships, unincorporated
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associations, and individuals whose identities and addresses are presently unknown to Plaintiffs
and are not presently capable of ascertainment. Plaintiffs are informed and believe, and on that
basis allege, that Defendants are or will be in the Bay Area Counties on the days leading up to,
and on the day of the Super Bowl 50 game, and immediately thereafter, for the purposes of manu-
facturing, advertising, offering for sale, distributing, and/or selling Counterfeit Merchandise and
Counterfeit Tickets in violation of Plaintiffs rights, as more fully alleged herein, and accordingly
are or will be subject to the jurisdiction and venue of this Court.
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JURISDICTION AND VENUE

18.
This is an action for trademark counterfeiting and trademark infringement, trade-
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mark dilution, and unfair competition and false designation of origin arising under the Trademark
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Act of 1946, 15 U.S.C. 1051, et seq., as amended by the Trademark Counterfeiting Act of
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1984, Public Law 98-473 (October 12, 1984), and the Prioritizing Resources and Organization
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for Intellectual Property Act of 2007, H.R. 4279 (October 13, 2008) (the Lanham Act), and
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for unlawful and deceptive acts and practices under the laws of the State of California.
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19.
This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
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1331, 1332(a), and 1338(a) and (b); and 15 U.S.C. 1116 and 1121. This Court has juris-
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diction, pursuant to the principles of supplemental jurisdiction and 28 U.S.C. 1367, over
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Plaintiffs claims arising under the laws of the State of California.
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20.
This Court has personal jurisdiction over Defendants in whole or in part arising
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out of Defendants (a) transacting business within the State of California; (b) moving counterfeit
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goods in interstate commerce; (c) committing tortious acts in the State of California; and (d) injur-
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ing Plaintiffs and the public in the Bay Area Counties through acts committed in and outside the
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Bay Area Counties. Accordingly, this Court has jurisdiction over the action pursuant to California
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Code of Civil Procedure 410.10.
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21.
Venue is proper in this district pursuant to 28 U.S.C. 1391 and 1400(a) in that
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the Defendants are entities or individuals subject to personal jurisdiction in this district. Further,
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venue is appropriate since a substantial portion of the acts complained of herein were committed
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by Defendants within this district.

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FACTS
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The NFL Trademarks

22.
NFL football is and for many years has been the most popular professional sport
in the United States. Tens of millions of people attend the games each year and tens of millions
more follow the respective teams and games in the electronic and print media and access and
download information and images related to the games via the Internet. To identify and distin-
guish their respective football teams and games and the entertainment services that they provide,
the Member Clubs, including the Carolina Panthers and the Denver Broncos, have adopted and
use in commerce, including in the State of California, certain trademarks, symbols, logos, designs,
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uniform designs, emblems, official team color combinations, and other identifying indicia. The
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Carolina Panthers have, for example, adopted and used the marks CAROLINA PANTHERS,
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PANTHERS, BELONG, TWO STATES. ONE TEAM., KEEP POUNDING, the PANTHERS
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Design, the PANTHERS Stylized Design, and the CAROLINA PANTHERS Uniform Designs,
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among others. Similarly, the Denver Broncos have adopted and used the marks DENVER
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BRONCOS, BRONCOS, BRONCOS COUNTRY, MILE HIGH MAGIC, MILES, ORANGE
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SUNDAY, ORANGE CRUSH, the BRONCOS Designs, the D & Horse Design, the Football
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Player On Bronco Design, the BRONCOS Horse Riding Design, the BRONCOS Twisting Horse
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Design, the Twisting Horse Design, the BRONCOS Mascot Design, the DENVER BRONCOS
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Uniform Designs, and the DENVER BRONCOS Helmet Designs (including both current and
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historic versions), among others.
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23.
NFLP is the owner of federal trademark registrations related to the NFLs activi-
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ties, as well as state trademarks registered through the California Secretary of States Trademark
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Unit, all for a wide variety of products, including NATIONAL FOOTBALL LEAGUE, NFL, the
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NFL Shield Design (including both current and earlier versions), SUPER BOWL, 50, the SUPER
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BOWL 50 Design, SUPER SUNDAY, ON THE FIFTY, VINCE LOMBARDI TROPHY, the
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VINCE LOMBARDI TROPHY Design, AMERICAN FOOTBALL CONFERENCE, AFC, the
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AFC Design (including both current and earlier versions), the AFC Champion Trophy Design,
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NATIONAL FOOTBALL CONFERENCE, NFC, the NFC Design, the NFC Champion Trophy
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Design, NFL EXPERIENCE, BACK TO FOOTBALL, the BACK TO FOOTBALL Design,
TOGETHER WE MAKE FOOTBALL, NFL NETWORK, the NFL NETWORK Design, NFL
ON LOCATION, NFL SHOP, NFL TICKET EXCHANGE, ON FIELD, PRO BOWL, SUNDAY
NIGHT FOOTBALL, MONDAY NIGHT FOOTBALL, and TASTE OF THE NFL, among
others. True and correct copies of the Certificates of Registration for the marks registered with the
United States Patent and Trademark Office (USPTO) are attached collectively as Exhibit A, and
are incorporated by reference herein. True and correct copies of the Certificates of Registration
for the marks registered with the California Secretary of States Trademark Unit are attached
collectively as Exhibit B, and are incorporated by reference herein.

24.
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The Carolina Panthers and the Denver Broncos have each also registered certain
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of their marks with the USPTO and with the California Secretary of States Trademark Unit,
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including CAROLINA PANTHERS, PANTHERS, BELONG, TWO STATES. ONE TEAM.,
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KEEP POUNDING, the PANTHERS Design, the PANTHERS Stylized Design, the CAROLINA
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PANTHERS Uniform Designs, DENVER BRONCOS, BRONCOS, BRONCOS COUNTRY,
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MILE HIGH MAGIC, MILES, ORANGE SUNDAY, ORANGE CRUSH, the BRONCOS
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Designs, the D & Horse Design, the Football Player On Bronco Design, the BRONCOS Horse
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Riding Design, the BRONCOS Twisting Horse Design, the Twisting Horse Design, the
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BRONCOS mascot Design, the DENVER BRONCOS Uniform Designs, and the DENVER
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BRONCOS Helmet Designs (including both current and historic versions), among others. True
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and correct copies of the Certificates of Registration for the marks registered with the USPTO are
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attached collectively as Exhibit C, and are incorporated by reference herein. True and correct
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copies of the Certificates of Registration for the marks registered with the California Secretary of
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States Trademark Unit are attached collectively as Exhibit D, and are incorporated by reference
24
herein.
25.
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The NFL Trademarks are extremely well-known to the public because of the great
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popularity of NFL football and the extensive media coverage of the NFL and its Member Clubs,
27
including the Carolina Panthers and the Denver Broncos. The NFL Trademarks have attained
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secondary meaning as identifiers of the NFL and the Member Clubs as the source or sponsor of
merchandise upon which the NFL Trademarks appear.
The Business of NFLP
26.
NFLP has entered into licensing agreements with third parties, whereby it has
licensed such parties to use the NFL Trademarks in connection with the manufacture and sale of
articles of merchandise, the quality and style of which are controlled and monitored by NFLP on
behalf of the Member Clubs and the NFL. NFLP licenses the use of the NFL Trademarks on a
wide variety of goods, including apparel such as t-shirts, garments and hats, souvenir items such
as pennants, novelty items and games, and many other products. Photographs of the numerous
10
articles of merchandise licensed by NFLP are annexed hereto as Exhibit E, and are available to
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consumers nationally at brick and mortar stores and online, including, but not limited to,
12
www.nflshop.com, the NFLs official eCommerce outlet. Licensed merchandise is widely
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available throughout the United States, including in the Bay Area Counties. As a result of the
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great popularity of NFL football and the widespread public recognition of the NFL Trademarks,
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the NFL Trademarks are extremely valuable commercial assets and embody goodwill of
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incalculable value.
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27.
NFLPs licensees have invested significant amounts of capital and have devoted
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substantial amounts of time and money to the production, marketing, and promotion of their
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products bearing the NFL Trademarks, and have established significant consumer demand for
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these items through such efforts. Consumers readily identify merchandise bearing the NFL
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Trademarks as being sponsored and/or approved by the NFL and the Member Clubs. Thus, to
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preserve and protect the goodwill inherent in the NFL Trademarks, NFLP reviews and pre-
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approves the design of all merchandise produced and sold by its licensees.
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28.
Additionally, NFLP has a merchandise authentication program that serves to
25
protect its fans and licensees, as well as preserve and protect the goodwill inherent in the NFL
26
Trademarks. All NFLP licensees are required to affix an NFL security label to their NFL products
27
or product packaging. The NFL security label, or hologram tag, is the essential element of NFL
28
product authentication and is securely distributed through a third-party security company to the
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NFLP licensees. The NFL security labels are produced in both a one-inch and one-centimeter size
and based on the item size are applied either to the product or product packaging. All NFL one-
inch security labels are individually and uniquely serialized, and all NFL security labels of both
sizes contain a variety of covert and overt security features that enable NFLP to quickly and
confidently identify authentic NFL merchandise.

29.
Merchandise manufactured by NFLPs licensees bearing the NFL Trademarks is
sold in interstate commerce and purchased by various retail outlets throughout the United States,
including in the Bay Area Counties, because of the indication of quality represented by the NFL
Trademarks thereon and the perceived sponsorship thereof by the NFL and the Member Clubs.
30.
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As the owner of the trademark registrations related to the NFLs activities and as
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the authorized licensing agent for the thirty-two Member Clubs trademarksincluding the
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Carolina Panthers and the Denver BroncosNFLP licenses the use of the NFL Trademarks on
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tickets that allow fans entry into NFL games, including the Super Bowl games. Consumers
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believe that tickets bearing NFL Trademarks are authorized by NFLP and its Member Clubs and
15
that such tickets will be honored when presented for entry into NFL games.
31.
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To protect NFL fans, NFLP has implemented a number of overt and covert security
17
features on tickets that allow fans entry into the NFL games, including the Super Bowl games.
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For example, every Super Bowl ticket has a true color security label applied to the back of the
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ticket, redesigned every year with covert security measures and two channel hologram artwork.
20
Additionally, each Super Bowl ticket contains security features such as microprint designs,
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thermochromatic ink, and other measures incorporated into the ticket design and card stock, all
22
of which enable NFLP to quickly and confidently identify authentic NFL Super Bowl tickets.
32.
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For numerous years, NFLP has consistently worked with local law enforcement
24
officers and/or officers from the Department of Homeland Security to protect the public and NFL
25
fans from the sale of counterfeit merchandise and counterfeit tickets by quickly and confidently
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identifying authentic NFL merchandise through these security features.
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1
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NFLPS Trademark Protection Program

33.
To protect the NFL Trademarks from infringement, dilution, disparagement,
and misappropriation, NFLP has established a program of trademark protection. Instances of
unauthorized uses of the NFL Trademarks by third parties are investigated by NFLP and its
security and legal personnel and other representatives. When appropriate, such third parties
are contacted by counsel with a request to cease and desist from unauthorized use of the NFL
Trademarks.
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34.
NFLP annually handles hundreds of instances of unauthorized use of the NFL
Trademarks. The great majority of such infringement matters are settled by the infringers agree-
10
ment to cease further sales of the unlicensed merchandise. On occasion, when infringers have
11
persisted in their unlawful conduct, NFLP has obtained injunctive relief against the sale of
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Counterfeit Merchandise in a number of federal and state courts.
13
The Super Bowl Game and NFLPs Super Bowl Trademark Protection Program
14
35.
The Super Bowl championship game is one of the most popular sporting events of
15
all time. Annually, the Super Bowl game is one of the most watched sporting events in the world
16
and, in recent years, it has been the most watched American television broadcast. For example,
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the Super Bowl XLIX championship game, played in February 2015 between the New England
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Patriots and the Seattle Seahawks, had an average of 114.4 million viewers, and the viewership
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peaked at 120.8 million viewers, making it the most watched American television program in
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history. Intense media attention is focused on the game and the two participating teams during
21
the period leading up to the game. This year, especially in anticipation of the landmark Super
22
Bowl 50 game, fans are accessing and downloading information and images relating to the Super
23
Bowl game, the NFL, the Carolina Panthers, and the Denver Broncos via the Internet, and at the
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official websites of the NFL, www.nfl.com and www.superbowl.com. In all respects, the Super
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Bowl game is the culmination of the NFL season and showcases the activities of the NFL and the
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Member Clubs, particularly the game participants.
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36.
NFLP has issued national licenses to approximately 200 companies for use of the
NFL Trademarks on a wide variety of goods, including apparel such as t-shirts, garments, and
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hats; souvenir items such as pennants, novelty items, and games; and many other products.
Licensed merchandise is widely available in brick and mortar stores throughout the United States,
including in the Bay Area Counties and elsewhere in the State of California, as well as being
available online at sites including, but not limited to, www.nflship.com, the NFLs official
eCommerce outlet.
37.
In addition to the approximately 200 companies licensed for the use of NFL
Trademarks, to meet the public demand for merchandise relating to each years Super Bowl game,
NFLP annually develops and licenses a Super Bowl graphic design logo for use in connection with
the production and sale of licensed merchandise relating to the Super Bowl game. Representative
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mages of the Super Bowl 50 design logo follow.
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NFLP has licensed approximately 100 companies to produce high-quality merchandise relating
18
to the Super Bowl 50 game, including apparel such as t-shirts, garments, and hats; souvenir items
19
such as pennants, novelty items, and games; and many other products.
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38.
The cornerstone of NFLPs trademark licensing program is the promotion of an
21
image of quality for the Member Clubs and the NFL. Only companies that meet high standards
22
of quality, performance, and reliability receive a license to use and/or sell products bearing the
23
NFL Trademarks. Association of the NFL Trademarks with products or services of less than the
24
highest quality reflects adversely on the Member Clubs and the NFL, and inhibits the ability of the
25
NFL to compete in a highly competitive market for the publics entertainment dollars. According-
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ly, to preserve and protect the goodwill inherent in the NFL Trademarks, NFLP reviews and pre-
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approves the design of all merchandise produced and sold by its licensees.
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39.
NFLP works closely with licensees and many retail outlets to assure that sufficient
quantities of Super Bowl game-related licensed merchandise are available to the public. This
merchandise is currently available on many eCommerce sites as well as at numerous retail outlets
in the Bay Area Counties, and will be available for purchase at and in the vicinity of numerous
Super Bowl 50-related events in this district.
NFLPs Previous Seizure Orders
40.
Since the Super Bowl XVII championship game in Pasadena, California, in 1983,
NFLP has obtained ex parte seizure orders before each Super Bowl game, empowering NFLPs
investigative representatives, accompanied by duly authorized law enforcement officers, to seize
10
and impound Counterfeit Merchandise and Counterfeit Tickets to protect the public from poor
11
quality, substandard counterfeit products and unredeemable, fraudulent counterfeit tickets.
12
41.
These orders have enabled NFLP to diminish the sale of Counterfeit Merchandise
13
and Counterfeit Tickets effectively, thereby protecting the goodwill and reputation of the NFL and
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the competing teams and their respective trademarks at the time when they are being showcased
15
and are most vulnerable to counterfeiting.
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Sales of Counterfeit Merchandise and Counterfeit Tickets
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42.
The great popularity of the Super Bowl game, and the strong public interest in
18
the game itself and the competing teams, annually attracts the production and sale of substantial
19
quantities of Counterfeit Merchandise bearing spurious replications of the NFL Trademarks.
20
Counterfeit Tickets, also bearing replications of NFL Trademarks, are also produced and sold
21
to fans seeking entry into the Super Bowl game.
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43.
Counterfeit Merchandise and Counterfeit Tickets are generally produced by large
23
scale, professional counterfeiters for distribution through networks of largely anonymous and
24
mobile middlemen and street vendors, who descend on the region hosting the Super Bowl game
25
shortly before the date of the game, distribute their merchandise and tickets for ultimate cash
26
resale, and disappear without detection. These individuals and companies often utilize fictitious
27
names and business addresses, as well as sham forms of business organizations, to avoid detection
28
as the source of Counterfeit Merchandise and Counterfeit Tickets.

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44.
Recent investigations by law enforcement authorities and/or security representa-
tives of NFLP have revealed intentional, knowing, wanton, and reckless production, distribution,
offering for sale and sale, and preparation for production and distribution of significant quantities
of Counterfeit Merchandise, as well as production and sale of Counterfeit Tickets, by itinerant
vendors who have indicated that they intend to continue to sell such Counterfeit Merchandise and
Counterfeit Tickets as the Super Bowl 50 championship game approaches. Photographs of repre-
sentative samples of Counterfeit Merchandise purchased during this years playoff season and last
years Super Bowl game in Glendale, Arizona, are attached as Exhibit F.
45.
The unauthorized sale of such Counterfeit Merchandise and Counterfeit Tickets by
10
Defendants is likely to cause confusion to the public, to cause mistake, and to deceive, in that the
11
members of the public attending the Super Bowl game or otherwise purchasing such Counterfeit
12
Merchandise and Counterfeit Tickets will believe that such merchandise is licensed by, sponsored
13
by, or otherwise approved by or affiliated with the NFL, NFLP, the Carolina Panthers, and the
14
Denver Broncos. Sales of Counterfeit Merchandise and Counterfeit Tickets will injure the busi-
15
ness of NFLP by interfering with the sales of merchandise by NFLPs licensees and by placing
16
the goodwill of the NFL, the Carolina Panthers, and the Denver Broncos, as embodied in the
17
NFL Trademarks, in the hands of parties over whom NFLP, the Carolina Panthers, and the
18
Denver Broncos have no control.
19
46.
The goodwill of the NFL, NFLP, and the Member Clubs is embodied in the
20
NFL Trademarks because the public perceives that merchandise bearing the NFL Trademarks is
21
sponsored or authorized by the NFL and the Member Clubs. This goodwill is extremely important
22
to the NFLs ability to compete in the highly competitive market for sports and entertainment
23
services. Because the Super Bowl game is the NFLs showcase event, the sale of inferior quality
24
Counterfeit Merchandise and unredeemable Counterfeit Tickets will, particularly at this critical
25
time, cause immediate and irreparable damage to the goodwill and reputation of Plaintiffs.
26
47.
Counterfeit Merchandise and Counterfeit Tickets are produced by professional
27
infringers who concentrate on large-scale, short-term events such as sporting events and concerts.
28
These infringers produce inferior quality Counterfeit Merchandise and unredeemable Counterfeit
- 14 -
Tickets as quickly as they can and generally distribute it through itinerant vendors. Professional
infringers recognize the illegality of their conduct and thwart NFLPs investigative efforts by
concealing their identities, using middlemen, or transferring the merchandise upon detection.
NFLPs previous trademark protection efforts during the Super Bowl game period demonstrate
that the professional infringers who work the site of the Super Bowl game will defy or avoid
temporary restraining orders and will continue to sell their Counterfeit Merchandise and
Counterfeit Tickets in any possible manner. Additionally, as long as the Counterfeit Tickets
remain available for purchase, the unsuspecting public and NFL fans are constantly at risk of
becoming victims of fraud. Thus, the only effective way to combat this problem is to seize the
10
Counterfeit Merchandise and Counterfeit Tickets at the point of sale.

48.
11
The counterfeiters at the Super Bowl game are well aware of the illegality of their
12
conduct, and often act in concert with or through anonymous distributors so that it is extremely
13
difficult, if not impossible, to identify the source of any given Counterfeit Merchandise that is sold
14
in a retail store, at a street stand, or out of portable containers. The counterfeiters lack a definite or
15
permanent business identity and cannot be located or served with process in conventional fashion.
16
Thus, notice to the producers and vendors of the counterfeit Super Bowl merchandise and counter-
17
feit Super Bowl tickets that will be sold in the Bay Area Counties is impracticable and fruitless.
18
Once word spreads that legal action may be taken against infringers, merchandise will be con-
19
cealed or transferred, rendering it extremely unlikely that Plaintiffs will be able to obtain evidence
20
to secure any meaningful relief or that the merchandise will ever be kept out of channels of
21
distribution.
49.
22
Defendants activities have caused and will continue to cause Plaintiffs grave and
23
irreparable harm. Unless restrained or enjoined by this Court without notice, Defendants will
24
persist in their activities, causing Plaintiffs further irreparable harm before any Defendant can
25
be heard in opposition.
50.
26
Because the acts of Defendants will continue in the future unless restrained,
27
Plaintiffs have no adequate remedy at law.
28
/ / /
- 15 -
FIRST CLAIM FOR RELIEF

(Federal Trademark Counterfeiting - 15 U.S.C. 1114-1117)
1
2
3
4
51.
Plaintiffs repeat and reallege the allegations set forth above as if fully set forth
52.
The NFL Trademarks and the goodwill of the businesses associated with them in
herein.
5
6
the United States are of great and incalculable value, are highly distinctive, and have become
universally associated in the public mind with (i) authentic merchandise upon which the NFL
Trademarks appear; and (ii) the related NFL services of the highest quality and reputation.
53.
Without the Plaintiffs authorization or consent, and with knowledge of the
10
Plaintiffs well-known prior rights in the NFL Trademarks and that Defendants Counterfeit
11
Merchandise and Counterfeit Tickets bear marks which are intentionally identical to, or imitations
12
of, the NFL Trademarks, Defendants have reproduced, counterfeited, copied, and sold Counterfeit
13
Merchandise and Counterfeit Tickets to the consuming public of the United States in direct
14
competition with Plaintiffs sale of genuine merchandise and tickets, in or affecting interstate
15
commerce.
16
54.
17
Defendants have counterfeited and infringed the NFL Trademarks. Defendants
use of the NFL Trademarks is without Plaintiffs authorization or consent.

55.
18
Defendants use of copies or simulations of the NFL Trademarks on Counterfeit
19
Merchandise and Counterfeit Tickets is likely to cause and is causing confusion, mistake, and
20
deception among the general purchasing public as to the origin of the Counterfeit Merchandise and
21
Counterfeit Tickets, and is likely to deceive the public into believing the Counterfeit Merchandise
22
and Counterfeit Tickets originate from, are associated with, or are otherwise authorized by
23
Plaintiffs, all to the damage and detriment of the Plaintiffs reputations, goodwill, and sales.
24
Accordingly, Defendants are using reproductions, counterfeits, and copies of the federally
25
registered NFL Trademarks in violation of Section 32 of the Lanham Act, 15 U.S.C. 1114.
56.
26
Defendants conduct exploits the goodwill and reputation associated with Plaintiffs
27
and Plaintiffs registered NFL Trademarks.
28
/ / /
- 16 -
57.
Plaintiffs have no control over the quality of Defendants Counterfeit Merchandise
and cannot honor Defendants Counterfeit Tickets. Because of the very real likelihood of confu-
sion as to the source of Defendants Counterfeit Merchandise and Counterfeit Tickets, Plaintiffs
reputation and valuable goodwill in their trademarks are subject to Defendants unscrupulous
tactics.
58.
Defendants unauthorized use of the NFL Trademarks as set forth above has
resulted, and will continue to result, in Defendants unfairly benefitting from Plaintiffs advertising
and promotion, and profiting from Plaintiffs reputation and their registered NFL Trademarks, to
the substantial and irreparable injury of the public, Plaintiffs, and the NFL Trademarks, and the
10
substantial goodwill represented thereby.

59.
11
12
Defendants acts demonstrate an intentional, willful, and malicious intent to trade
on the goodwill associated with the NFL Trademarks to Plaintiffs great and irreparable injury.
13
60.
14
irreparable harm.
15
61.
16
Defendants acts have caused and will continue to cause the Plaintiffs great and
Unless restrained and enjoined by this Court, Defendants will persist in their
activities, thereby causing Plaintiffs irreparable harm.
17
62.
18
63.
Plaintiffs are, therefore, entitled to injunctive relief pursuant to 15 U.S.C.
19
1116(a).
20
64.
21
For each act of infringement, Plaintiffs are entitled to recover Defendants profits
pursuant to 15 U.S.C. 1117(a).

65.
22
Defendants acts of counterfeiting as alleged herein have been undertaken with
23
knowledge of Plaintiffs exclusive rights to the NFL Trademarks, entitling Plaintiffs to an award
24
of treble Defendants profits, plus attorneys fees in bringing and maintaining this action, pursuant
25
to 15 U.S.C. 1117(b), or alternatively statutory damages pursuant to 15 U.S.C. 1117(c).
26
/ / /
27
/ / /
28
/ / /
- 17 -
SECOND CLAIM FOR RELIEF

(Federal Trademark Infringement - 15 U.S.C. 1114)
1
2
3
4
66.
67.
The NFL Trademarks are highly distinctive, of incalculable value, and universally
herein.
5
6
associated in the public mind with the authentic merchandise upon which the NFL Trademarks
appear and the related services of highest quality and reputation.

68.
8
9
Defendants unauthorized use of the NFL Trademarks on inferior quality
merchandise and unredeemable tickets in interstate commerce and advertising relating to the same
10
constitutes false designation of origin and false representation that the goods and services are
11
manufactured, offered, sponsored, authorized, licensed by, or otherwise connected with Plaintiffs.
69.
12
The use by Defendants of the NFL Trademarks without Plaintiffs consent or
13
authorization in connection with Defendants Counterfeit Merchandise and Counterfeit Tickets
14
is likely to cause confusion, mistake, or deception of consumers as to the source of origin or
15
sponsorship of the products in violation of 15 U.S.C. 1114.
16
70.
Defendants aforementioned acts constitute trademark infringement in violation of
17
15 U.S.C. 1114.
18
71.
Plaintiffs are informed and believe and thereupon allege that Defendants acts
19
are intentional and intended to confuse the public as to the source of Defendants Counterfeit
20
Merchandise and Counterfeit Tickets and to injure Plaintiffs and reap the benefit of Plaintiffs
21
goodwill associated with Plaintiffs trademarks.

72.
22
As a direct and proximate result of Defendants willful and unlawful conduct,
23
Plaintiffs have been irreparably injured and will continue to suffer irreparable injury unless
24
Defendants infringing actions are enjoined by this Court.
25
73.
26
74.
27
1116(a).
28
/ / /
- 18 -
75.
1
2
For each act of infringement, Plaintiffs are entitled to recover Defendants profits
pursuant to 15 U.S.C. 1117(a).

76.
Defendants acts of infringement as alleged herein have been undertaken with
knowledge of Plaintiffs exclusive rights to the NFL Trademarks, entitling Plaintiffs to an award
of treble Defendants profits, plus attorneys fees in bringing and maintaining this action, pursuant
to 15 U.S.C. 1117(b), or alternatively statutory damages pursuant to 15 U.S.C. 1117(c).
7
8
THIRD CLAIM FOR RELIEF

(Federal Unfair Competition and False Designation of Origin - 15 U.S.C. 1125(a))
9
10
11
77.
78.
Defendants creation, production, offering for sale, advertisement, and/or
herein.
12
distribution of Defendants Counterfeit Merchandise and Counterfeit Tickets, which use the NFL
13
Trademarks and Plaintiffs trade names, have been and are without Plaintiffs permission or
14
consent, and constitute designation of a term, symbol, device, or any combination thereof, that is
15
false or misleading within the meaning of 15 U.S.C. 1125(a).
16
79.
Defendants knowing use of reproductions or confusingly similar imitations of the
17
NFL Trademarks in connection with the Counterfeit Merchandise and Counterfeit Tickets is
18
causing and will continue to cause confusion, deception, and mistake among the general purchas-
19
ing public of the United States by creating the false and misleading impression that Defendants
20
goods are manufactured or distributed by Plaintiffs; or are affiliated, connected, or associated with
21
the NFL, NFLP, and/or Member Clubs; or have the sponsorship, endorsement, or approval of
22
Plaintiffs.
23
80.
By misappropriating and using the NFL Trademarks and Plaintiffs trade names,
24
Defendants misrepresent and falsely describe to the general public the origin and source of the
25
Counterfeit Merchandise and Counterfeit Tickets and create a likelihood of confusion by
26
consumers as to the source of such products.
27
28
81.
Defendants unlawful, unauthorized, and unlicensed reproduction, counterfeiting,
copying, and sale of the Counterfeit Merchandise and Counterfeit Tickets create express and
- 19 -
implied misrepresentations that the Counterfeit Merchandise and Counterfeit Tickets were created,
authorized, or approved by Plaintiffs, when in fact they are not, all to Defendants profit and to
Plaintiffs great damage and injury.

82.
Defendants acts are in violation of 15 U.S.C. 1125(a) in that Defendants use of
the NFL Trademarks and Plaintiffs trade names in connection with the Counterfeit Merchandise
and Counterfeit Tickets in interstate commerce, constitutes a false designation of origin and unfair
competition.
83.
8
9
10
11
84.
Defendants acts have caused and will continue to cause the Plaintiffs irreparable
85.
harm.
12
13
activities, thereby causing Plaintiffs irreparable harm.
14
86.
15
87.
16
1116(a).
17
88.
18
1117(a).
19
89.
20
Plaintiffs are entitled to recover Defendants profits pursuant to 15 U.S.C.
Defendants conduct as alleged herein has been willful, entitling Plaintiffs to an
award of attorneys fees pursuant to 15 U.S.C. 1117(a).
21
FOURTH CLAIM FOR RELIEF
(Federal Trademark Dilution - 15 U.S.C. 1125(c))
22
23
24
25
90.
91.
The NFL Trademarks are famous within the meaning of the Trademark Dilution
herein.
26
Revision Act of 2006 because, among other things: (1) the NFL Trademarks are highly
27
distinctive; (2) Plaintiffs have used the NFL Trademarks continuously for decades throughout
28
the United States to promote Plaintiffs goods and services; (3) Plaintiffs and their authorized
- 20 -
licensees have advertised and publicized the NFL Trademarks for decades throughout the United
States; (4) the NFL Trademarks are widely recognized by the general consuming public of the
United States; and (5) many of the NFL Trademarks are the subject of valid and subsisting
registration under the Lanham Act on the Principal Register.

92.
The NFL Trademarks have become universally associated in the public mind with
the authentic merchandise upon which the NFL Trademarks appear and the related NFL services
of the highest quality and reputation.

93.
8
9
Defendants unlawful, unauthorized, and unlicensed reproduction, counterfeiting,
copying, and sale of the Counterfeit Merchandise and Counterfeit Tickets are likely to cause
10
blurring, dilution, and tarnishment of the NFL Trademarks because Defendants use of the
11
NFL Trademarks is likely to deceive the public into believing the lower-quality Counterfeit
12
Merchandise and the unredeemable Counterfeit Tickets originate from, are associated with, or are
13
otherwise authorized by Plaintiffs. This will lead consumers to believe that Plaintiffs goods and
14
services connected with the NFL Trademarks are of low quality.

94.
15
16
Defendants use of the NFL Trademarks began only after such marks became
famous.
95.
17
Defendants acts are in violation of 15 U.S.C. 1125(c) in that Defendants use
18
of the NFL Trademarks in connection with the Counterfeit Merchandise and Counterfeit Tickets
19
in interstate commerce, dilutes, blurs, and tarnishes the distinctiveness of the famous NFL
20
Trademarks with consequent damage to Plaintiffs and to the substantial business and goodwill
21
symbolized by the NFL Trademarks.

96.
22
Plaintiffs have been irreparably harmed and will continue to be irreparably harmed
23
through this dilution of their trademark rights, as well as through the immediate and direct injury
24
to their name, image, and business reputations.

97.
25
26
on Plaintiffs reputation and to harm the reputation of the famous NFL Trademarks, to Plaintiffs
27
great and irreparable injury.
28
/ / /
- 21 -
98.
1
2
activities, thereby continuing to cause Plaintiffs irreparable harm.
99.
100.
Plaintiffs are therefore, entitled to injunctive relief pursuant to 15 U.S.C.
1116(a) and 1125(c).

101.
6
7
FIFTH CLAIM FOR RELIEF

(California Trademark Infringement and Dilution
Cal. Bus. & Prof. Code 14245, 14247, and 14250)
8
9
10
11
Defendants acts are exceptional within the meaning of 15 U.S.C. 1117(a).
102.
103.
The NFL Trademarks are distinctive and widely recognized in the State of
herein.
12
California by virtue of: (1) the NFL Trademarks substantial inherent and acquired
13
distinctiveness; (2) Plaintiffs use of the NFL Trademarks continuously for decades throughout the
14
United States, including the State of California, to promote Plaintiffs goods and services;
15
(3) Plaintiffs and their authorized licensees advertisement and publication of the NFL
16
Trademarks for decades throughout the United States, including in the State of California; (4) the
17
NFL Trademarks wide recognition by the general consuming public of the United States,
18
including the State of California; and (5) the NFL Trademarks being registered with the California
19
Secretary of States Trademark Unit and being federally registered under the Lanham Act with the
20
USPTO.
21
104.
The reproduction, counterfeiting, copying and sale by Defendants of Counterfeit
22
Merchandise and Counterfeit Tickets bearing the NFL Trademarks registered with the California
23
Secretary of States Trademark Unit have caused and are likely to continue to cause confusion or
24
mistake or to deceive consumers, the public, or the trade as to their source of origin. Such actions
25
constitute trademark infringement of the NFL Trademarks in violation of California Business and
26
Professions Code 14247.
27
28
105.
Defendants acts complained of herein have caused and will continue to cause a
likelihood of injury to Plaintiffs goodwill and business reputations, impaired and will continue to
- 22 -
impair the effectiveness of the NFL Trademarks, and have diluted and will continue to dilute
Plaintiffs distinctive trademarks.

106.
Defendants acts, including those specifically complained of herein, have caused
and will continue to cause dilution of Plaintiffs trademark and common law trademark rights by,
among other things, lessening the capacity of such rights to identify and distinguish the NFL
Trademarks in violation of the trademark laws of the State of California, and specifically
California Business and Professions Code 14247.

107.
8
9
Defendants infringed and diluted, as well as will continue to infringe and dilute, the
NFL Trademarks with knowledge and intent to cause confusion, mistake, or deception.
108.
10
Defendants conduct is aggravated by that kind of willfulness, wantonness, malice,
11
and reckless disregard to the rights and welfare of the Plaintiffs for which California law allows
12
the imposition of exemplary damages.
13
14
109.
110.
harm.
15
16
activities, thereby causing irreparable harm to Plaintiffs rights in and to their trademarks, and to
17
Plaintiffs businesses, reputations, and goodwill.
18
111.
19
112.
Pursuant to California Business & Professions Code 14247 and 14250, Plaintiffs
20
are entitled to injunctive relief and damages in the amount of three times Defendants profits and
21
three times all damages suffered by Plaintiffs by reason of Defendants manufacture, use, display,
22
or sale of Counterfeit Merchandise and Counterfeit Tickets.
23
SIXTH CLAIM FOR RELIEF
(California Unfair Competition Cal. Bus. & Prof. Code 17200)
24
25
26
114.
Plaintiffs are the owners of all rights, titles, and interest in the NFL Trademarks.
herein.
27
28
113.
/ / /
- 23 -
115.
Defendants have intentionally appropriated one or more of the NFL Trademarks
with the intent of causing confusion, mistake, and/or deception as to the origin of Defendants
Counterfeit Merchandise and Counterfeit Tickets, and are deceiving the public into believing the
Counterfeit Merchandise and Counterfeit Tickets originate from, are associated with, or are
otherwise authorized by Plaintiffs.

116.
Defendants actionsincluding those specifically complained of herein with
respect to Defendants misappropriation of the NFL Trademarks in connection with Defendants
products, advertisements, and packaginghave violated the unfair competition laws of the State
of California, specifically California Business and Professions Code 17200 et seq.

117.
10
Defendants conduct is unlawful as defined in relation to California Business and
11
Professions Code 17200 et seq., because, without limitation, Defendants sale of Counterfeit
12
Merchandise and Counterfeit Tickets infringes Plaintiffs trademark rights, in violation of the
13
Lanham Act and Californias infringement and dilution laws.

118.
14
Defendants conduct constitutes unfair business acts or practices as defined in
15
relation to California Business and Professions Code 17200 et seq., because, without limitation,
16
Defendants offer, promotion, and sale of Counterfeit Merchandise and Counterfeit Tickets will
17
mislead consumers into believing that Defendants goods are manufactured or distributed by
18
Plaintiffs. or that Defendants themselves are affiliated or associated with Plaintiffs. There is no
19
public benefit or utility to Defendants misleading conduct, and there can be no doubt that
20
Defendants will cause substantial injury to consumers as well as to Plaintiffs themselves.

119.
21
Defendants conduct is fraudulent as defined in relation to California Business and
22
Professions Code 17200 et seq., because, without limitation, Defendants offer, promotion, and
23
sale of Counterfeit Merchandise and Counterfeit Tickets are likely to deceive consumers as to the
24
source and propriety of Defendants non-genuine goods.

120.
25
26
activities of a recurring nature.

121.
27
28
Defendants unfair, unlawful, and deceptive acts and practices involve public sales
harm.
- 24 -
122.

123.
5
SEVENTH CLAIM FOR RELIEF
(State Common Law Unfair Competition)
6
7
8
124.
125.
Plaintiffs are the owners of all right, title, and interest in and to the NFL
herein.
9
10
Trademarks by virtue of their extensive manufacture and sale of products bearing such trademarks
11
(Plaintiffs common law trademarks) as set forth in herein. Particularly, because of their
12
enormous sales and publicity, Plaintiffs have acquired common law trademark rights in and to
13
their NFL Trademarks.

126.
14
The Counterfeit Merchandise and Counterfeit Tickets imported, advertised,
15
distributed, offered for sale, and sold by Defendants incorporate matter constituting replicas and
16
imitations of Plaintiffs common law trademarks. Such unauthorized use by Defendants of
17
Plaintiffs common law trademarks constitutes trademark infringement and unfair competition,
18
and is likely to cause confusion and mistake in the minds of the trade and the purchasing public as
19
to the source of the products, and to cause purchasers to believe the Counterfeit Merchandise and
20
Counterfeit Tickets originate from or are affiliated with, sponsored by, or endorsed by Plaintiffs
21
when, in fact, they are not.

127.
22
Defendants have willfully and intentionally misappropriated one or more of
23
Plaintiffs common law trademarks with the intent of causing confusion, mistake, and deception as
24
to origin of Defendants Counterfeit Merchandise and Counterfeit Tickets, and are deceiving the
25
public into believing the Counterfeit Merchandise and Counterfeit Tickets originate from, are
26
associated with, or are otherwise authorized by Plaintiffs.
27
/ / /
28
/ / /
- 25 -
128.
By such actions in infringing Plaintiffs common law trademarks, Defendants are
improperly trading upon the enviable reputation and goodwill of Plaintiffs and are impairing
Plaintiffs valuable rights in and to such common law trademarks.

129.
4
5
competition under the common law of the State of California.

130.
6
7
8
9
As such, Defendants have committed trademark infringement and unfair
131.
132.
harm.
10
11
12
13
133.
14
134.
Defendants acts demonstrate an oppressive, fraudulent, malicious, and conscious
15
disregard of Plaintiffs rights, and Plaintiffs therefore are entitled to exemplary and punitive
16
damages pursuant to the common law of the State of California in an amount sufficient to punish,
17
deter, and make an example of Defendants.

REQUEST FOR RELIEF
18
WHEREFORE, Plaintiffs NFL Properties LLC, the Carolina Panthers, and the Denver
19
20
Broncos request a temporary restraining order, preliminary and permanent injunction, an order for
21
seizure, damages, Defendants profits, and other appropriate relief, as follows:

1.
22
That all Defendants served herein as Felannia Humphries, Christophe Dion
23
Duckett, Ramon Hernandez Jr., Nigel Piers Nelson, DOE 3, and DOES 6 through 100, inclusive,
24
and their respective officers, directors, agents, partners, employees, attorneys, representatives,
25
successors, and assigns, and all other persons in active concert or participation with them or any of
26
them, be temporarily and preliminarily enjoined and, upon final order, permanently enjoined,
27
from:
28
a. using in connection with the production, manufacture, advertisement,

- 26 -
promotion, displaying for sale, offering for sale, sale, or distribution of any
articles of merchandise or tickets bearing the marks NATIONAL FOOTBALL
LEAGUE; NFL; the NFL Shield Designs (including both current and earlier
versions), as depicted on Exhibit 1 to Plaintiffs Proposed Temporary
Restraining Order, Seizure Order, and Order to Show Cause for Preliminary
Injunction (the Proposed Order); SUPER BOWL; 50; the SUPER BOWL 50
Design (National), as depicted on Exhibit 1 to the Proposed Order; the Super
Bowl 50 Design (Regional), as depicted on Exhibit 1 to the Proposed Order;
SUPER SUNDAY; ON THE FIFTY; VINCE LOMBARDI TROPHY; the
10
VINCE LOMBARDI TROPHY Design, as depicted on Exhibit 1 to the
11
Proposed Order; AMERICAN FOOTBALL CONFERENCE; AFC; the AFC
12
Design (including both current and earlier versions), as depicted on Exhibit 1 to
13
the Proposed Order; the AFC Champion Trophy Design, as depicted on Exhibit
14
1 to the Proposed Order; NATIONAL FOOTBALL CONFERENCE; NFC; the
15
NFC Design (including both current and earlier versions), as depicted on
16
Exhibit 1 to the Proposed Order; the NFC Champion Trophy Design, as
17
depicted on Exhibit 1 to the Proposed Order; NFL EXPERIENCE; BACK TO
18
FOOTBALL; the BACK TO FOOTBALL Design; TOGETHER WE MAKE
19
FOOTBALL; NFL NETWORK; the NFL NETWORK Design; NFL ON
20
LOCATION; NFL SHOP; NFL TICKET EXCHANGE; ON FIELD; PRO
21
BOWL; SUNDAY NIGHT FOOTBALL; MONDAY NIGHT FOOTBALL;
22
TASTE OF THE NFL; CAROLINA PANTHERS; PANTHERS; BELONG;
23
TWO STATES. ONE TEAM.; KEEP POUNDING; the PANTHERS Design,
24
as depicted on Exhibit 2 to the Proposed Order; the PANTHERS Stylized
25
Design, as depicted on Exhibit 2 to the Proposed Order; and the CAROLINA
26
PANTHERS Uniform Designs, as depicted on Exhibit 2 to the Proposed Order;
27
DENVER BRONCOS; BRONCOS; BRONCOS COUNTRY; MILE HIGH
28
MAGIC; MILES; ORANGE SUNDAY; ORANGE CRUSH; the BRONCOS

- 27 -
Design, as depicted on Exhibit 2 to the Proposed Order; the D & Horse Design,
as depicted on Exhibit 2 to the Proposed Order; the Football Player On Bronco
Design, as depicted on Exhibit 2 to the Proposed Order; the BRONCOS Horse
Riding Design, as depicted on Exhibit 2 to the Proposed Order; the BRONCOS
Twisting Horse Design, as depicted on Exhibit 2 to the Proposed Order; the
Twisting Horse Design, as depicted on Exhibit 2 to the Proposed Order; the
BRONCOS Mascot Design, as depicted on Exhibit 2 to the Proposed Order; the
DENVER BRONCOS Helmet Designs (both current and historic), as depicted
on Exhibit 2 to the Proposed Order; and the full team names, logos, and related
10
marks of any Member Club of the National Football League (including, but not
11
limited to, the Carolina Panthers and the Denver Broncos); and any other NFL
12
Trademarks, or any colorable imitations of any of the above, or anything
13
confusingly similar thereto, unless such merchandise or tickets have been
14
licensed by NFLP;
15
b. making any statement or representation whatsoever, or performing any act,
16
which can or is likely to lead to the trade or public, or individual members
17
thereof, to believe that any product manufactured, distributed, or sold by
18
Defendants is in any manner associated or connected with the Plaintiffs, or is
19
sold, manufactured, licensed, sponsored, approved, or authorized by Plaintiffs;
20
c. engaging in any other activity constituting unfair competition with Plaintiffs
21
and/or misappropriation of Plaintiffs property and property rights or
22
constituting infringement of Plaintiffs marks, or any of Plaintiffs rights in, or
23
to use or exploit such marks, or constituting any dilution of the goodwill, name,
24
or reputation of the Plaintiffs;
25
26
d. otherwise competing unfairly in any manner with NFLP, the Carolina Panthers,
and the Denver Broncos;
27
e. during the pendency of this action, erasing, deleting, altering, or destroying
28
Defendants Counterfeit Merchandise and Counterfeit Tickets that are in

- 28 -
Defendants possession or control;
1
2
f. during the pendency of this action, destroying any documents, electronic files,
or business records that pertain to the copying, reproduction, manufacture,
duplication, dissemination, or distribution and/or sale by Defendants or under
Defendants authority, including any correspondence (including, but no limited
to, electronic mails), sales and supplier or customer journals, ledgers, invoices,
purchase orders, inventory control documents, bank records, catalogues,
recordings of any type whatsoever, and all other business records and
documents believed to concern the manufacture, purchase, advertising, sale, or

offering for sale of such infringing copies; and
10
11
g. effecting assignments or transfers, forming new entities or associations, or
12
utilizing any other device for the purpose of circumventing or otherwise
13
avoiding the prohibitions set forth in paragraphs a-f above.
14
2.
That Plaintiffs and their duly authorized representatives, accompanied by federal
15
law enforcement agents from the Department of Homeland Security, the United States Marshals
16
Service, and/or other local state law enforcement officers, be empowered and directed, pursuant
17
to the Lanham Act, 15 U.S.C. 1116, California Business & Professions Code 14250, and the
18
general equitable powers of the Court, and subject to appropriate restrictions and on the conditions
19
as set forth in an order of this Court, to seize and sequester in a secure place, pending further hear-
20
ing, any and all Counterfeit Merchandise and Counterfeit Tickets bearing the NFL Trademarks set
21
forth in the preceding paragraph of this Request for Relief, together with any cartons, vessels,
22
boxes, or other containers in which such Counterfeit Merchandise and Counterfeit Tickets are
23
stored, carried, displayed, or transported, or any devices used to produce or reproduce such
24
Counterfeit Merchandise and Counterfeit Tickets, including, without limitation, silk screens,
25
molds, matrices, heat transfers, or printers, in the possession, custody, or control of any
26
Defendants served as Felannia Humphries, Christophe Dion Duckett, Ramon Hernandez Jr., Nigel
27
Piers Nelson, DOE 3, and DOES 6 through 100, inclusive, during a period commencing at 12:00
28
p.m. on Thursday, February 4, 2016, and ending Monday, February 8, 2016, at 5:00 p.m.;
- 29 -
3.
That all Defendants, and each of them, be ordered pursuant to the Lanham Act,
15 U.S.C. 1116, California Business & Professions Code 14250, and the general equitable
powers of the Court, to deliver up to the Court for destruction or other disposition, such as
donation to an appropriate charitable institution, any Counterfeit Merchandise and Counterfeit
Tickets in their possession, custody, or control and not seized pursuant to the order requested for
in paragraph 2, supra, the sale or other disposition of which would violate the permanent
injunction requested for in paragraph 1, supra, and all plates, molds, silk screens, heat transfers,
matrices, or other devices for making or reproducing the same;

4.
That all Defendants, and each of them, be ordered to file with the Court, and to
10
serve on counsel for Plaintiffs within thirty days of the entry of final judgment herein, a written
11
statement under oath setting forth in detail the form and manner in which each Defendant has
12
complied with the orders herein;

5.
13
That Plaintiffs may, subject to further order of the Court, dispose of the seized
14
Counterfeit Tickets by destroying them and the Counterfeit Merchandise by destroying it,
15
donating it to an appropriate charity, or making such other disposition as appears appropriate;

6.
16
That Defendants account for and pay over to Plaintiffs profits realized by
17
Defendants and damages caused to Plaintiffs, by reason of Defendants unlawful acts herein
18
alleged, and that the amount of damages for infringement of Plaintiffs registered trademarks be
19
increased by a sum not exceeding three times the amount thereof as provided by law under
20
15 U.S.C. 1117; or, in the alternative, that Defendants be assessed statutory damages pursuant to
21
15 U.S.C. 1117(c)
7.
22
That Plaintiffs be awarded their reasonable attorneys fees, costs, and such other
23
and further relief as the Court may deem equitable, including, but not limited to, any relief set
24
forth under 15 U.S.C. 1114, 1116, 1117, and 1125;

8.
25
That Plaintiffs be awarded punitive damages for Defendants willful and malicious
26
acts of statutory and common law unfair competition; and
27
/ / /
28
/ / /
- 30 -
9.
2
That Plaintiffs be granted such other and further relief as the Court deems just and
proper.
Dated: February 11, 2016
KILPATRICK TOWNSEND & STOCKTON LLP
By:~~
6
7
James G. Gilliland Jr.

Eighth Floor, Two Embarcadero Center
San Francisco, California 94111
Telephone: (415) 576-0200
Facsimile: (415) 576-0300
E-Mail:
j gilliland@kil patricktownsend.com
10
Joseph E. Petersen
1080 Marsh Road
Menlo Park, California 94025
Telephone: (650) 326-2400
Facsimile: (650) 326-2422
E-Mail :
jpetersen@kilpatricktownsend.com
11
12
13
14
Attorneys for Plaintiffs

NFL PROPERTIES LLC, PANTHERS
FOOTBALL, LLC D/B/A CAROLINA
PANTHERS, and PDB SPORTS, LTD. D/B/A
DENVERBRONCOSFOOTBALLCLUB
15
16
17
18
19
20
21
22
23
24
25
26
27
28
11065547Y.1

Case No.3: 16-cv-00474-CRB *SEALED*
- 31 -
EXHIBIT A
EXHIBIT A TO VERIFIED COMPLAINT INDEX

MARK
AFC Design
IMAGE/DESIGN REG. NO.

4,418,181
AFC Design
4,170,983
AFC Historic Design
3,192,495
AFC
AMERICAN FOOTBALL
CONFERENCE
BACK TO FOOTBALL
BACK TO FOOTBALL Design
1,079,096
1,092,963
MONDAY NIGHT FOOTBALL

MONDAY NIGHT FOOTBALL
NFC Design
1,042,511
2,004,311
3,192,496
NATIONAL FOOTBALL
CONFERENCE
NATIONAL FOOTBALL LEAGUE
NFC
NFL
NFL
NFL
NFL Shield Design
1,076,664
NFL Shield Design
3,138,589
NFL Shield Historic Design
2,941,347
3,902,221
3,902,220
1,076,139
1,079,097
3,394,343
2,919,270
886,055
3,286,411
MARK

3,559,562
3,317,024
1,056,303
NFL Shield Design
3,581,281
NFL Shield Design
4,682,232
NFL Shield Design
3,661,464
NFL Shield Design
3,544,602
NFL NETWORK Design
3,018,491
NFL EXPERIENCE
NFL NETWORK
NFL ON LOCATION
NFL SHOP
NFL TICKET EXCHANGE
ON FIELD
PRO BOWL
PRO BOWL
SUNDAY NIGHT FOOTBALL
SUPER BOWL
SUPER BOWL
SUPER BOWL
SUPER BOWL
SUPER BOWL
SUPER SUNDAY
1,823,915
3,018,490
3,947,891
3,192,468
3,826,013
2,504,639
3,847,647
1,436,771
2,151,227
3,138,590
2,954,420
846,056
3,343,714
882,283
1,406,345
MARK
TASTE OF THE NFL
TOGETHER WE MAKE
FOOTBALL
VINCE LOMBARDI TROPHY
VINCE LOMBARDI TROPHY
Design

2,384,861
4,542,631
983,550
1,226,261

NFL Properties v. Humphries - Counterfeiting Complaint (Seal Has Been Lifted) PDF

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Case 3:16-cv-00474-CRB Document 22 Filed 02/11/16 Page 1 of 40

Case 3:16-cv-00474-CRB Document 22 Filed 02/11/16 Page 2 of 40

concerning Defendants and/or third parties, as follows:

Trademark counterfeiting is an illegal, multi-billion dollar business that harms

Defendants in this litigation consist primarily of large-scale, professional counterfeiters; largely

souvenir merchandise (Counterfeit Merchandise) and unlicensed, unredeemable Super Bowl

Case 3:16-cv-00474-CRB Document 22 Filed 02/11/16 Page 3 of 40

Levis Stadium in Santa Clara, California, on Sunday, February 7, 2016.

The Super Bowl 50 championship game is a landmark occasion, as it represents a

of the most celebrated Super Bowl games in NFLs history.

other celebrations and events throughout the Bay Area Counties.

substantial goodwill by selling Counterfeit Merchandise and Counterfeit Tickets. Defendants

Case 3:16-cv-00474-CRB Document 22 Filed 02/11/16 Page 4 of 40

addresses, and sham forms of business organizations.

Defendants counterfeiting irreparably injures the public and Plaintiffs. Consumers

Defendants sale of unlicensed Counterfeit Merchandise and Counterfeit Tickets

bearing an imitation of Plaintiffs well-known trademarks is a direct violation of federal and

because, as explained in Plaintiffs contemporaneously filed Memorandum of Law and supporting

Defendants easily would circumvent the orders.

Case 3:16-cv-00474-CRB Document 22 Filed 02/11/16 Page 5 of 40

Plaintiff NFL Properties LLC (NFLP) is a Delaware limited liability company

collectively referred to herein as the NFL Trademarks.

Plaintiff Panthers Football, LLC, an NFL Member Club, is a North Carolina

a professional football team known as the Denver Broncos.

fanfare, on Sunday, February 7, 2016, at Levis Stadium in Santa Clara, California.

Case 3:16-cv-00474-CRB Document 22 Filed 02/11/16 Page 6 of 40

subject to the jurisdiction and venue of this Court.

subject to the jurisdiction and venue of this Court.

jurisdiction and venue of this Court.

accordingly is subject to the jurisdiction and venue of this Court.

Case 3:16-cv-00474-CRB Document 22 Filed 02/11/16 Page 7 of 40

are or will be subject to the jurisdiction and venue of this Court.

JURISDICTION AND VENUE

This is an action for trademark counterfeiting and trademark infringement, trade-

Plaintiffs claims arising under the laws of the State of California.

Code of Civil Procedure 410.10.

by Defendants within this district.

Case 3:16-cv-00474-CRB Document 22 Filed 02/11/16 Page 8 of 40

The NFL Trademarks

BRONCOS, BRONCOS, BRONCOS COUNTRY, MILE HIGH MAGIC, MILES, ORANGE

historic versions), among others.

VINCE LOMBARDI TROPHY Design, AMERICAN FOOTBALL CONFERENCE, AFC, the

Case 3:16-cv-00474-CRB Document 22 Filed 02/11/16 Page 9 of 40

Design, NFL EXPERIENCE, BACK TO FOOTBALL, the BACK TO FOOTBALL Design,

collectively as Exhibit B, and are incorporated by reference herein.

including CAROLINA PANTHERS, PANTHERS, BELONG, TWO STATES. ONE TEAM.,

PANTHERS Uniform Designs, DENVER BRONCOS, BRONCOS, BRONCOS COUNTRY,

Case 3:16-cv-00474-CRB Document 22 Filed 02/11/16 Page 10 of 40

merchandise upon which the NFL Trademarks appear.

The Business of NFLP

www.nflshop.com, the NFLs official eCommerce outlet. Licensed merchandise is widely

Additionally, NFLP has a merchandise authentication program that serves to

Case 3:16-cv-00474-CRB Document 22 Filed 02/11/16 Page 11 of 40

confidently identify authentic NFL merchandise.

Merchandise manufactured by NFLPs licensees bearing the NFL Trademarks is

identifying authentic NFL merchandise through these security features.

Case 3:16-cv-00474-CRB Document 22 Filed 02/11/16 Page 12 of 40

NFLPS Trademark Protection Program

To protect the NFL Trademarks from infringement, dilution, disparagement,

and misappropriation, NFLP has established a program of trademark protection. Instances of

NFLP annually handles hundreds of instances of unauthorized use of the NFL

Counterfeit Merchandise in a number of federal and state courts.