Free Spirit v. Scholastic - How Rude Trademark Complaint PDF

CASE 0:16-cv-00457 Document 1 Filed 02/23/16 Page 1 of 10
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MINNESOTA
FREE SPIRIT PUBLISHING INC.,
Plaintiff,
v.
Civil Action No. ______

COMPLAINT
SCHOLASTIC CORPORATION,
JURY TRIAL DEMANDED
Defendant.
Plaintiff Free Spirit Publishing Inc. (Free Spirit), for its Complaint against
Defendant Scholastic Corporation (Scholastic), alleges and states as follows:
JURISDICTION
1.
This is an action arising under the trademark laws of the United States and
the Lanham Act, 15 U.S.C. 1114 and 1125, and under the Minnesota Uniform
Deceptive Trade Practices Act, Minn. Stat. 325D.43, et seq., as hereinafter more fully
appears. This Court therefore has jurisdiction over this action pursuant to 28 U.S.C.
1331, 1338, and 1367.
PARTIES
2.
Free Spirit is a Minnesota corporation with its headquarters located at 6325
Sandburg Road, Suite 100, Golden Valley, Minnesota, 55427.

3.
Upon information and belief, Scholastic is a corporation with its
headquarters located at 557 Broadway, New York, New York, 10012.
FACTS
4.
Free Spirit is known for its unique understanding of what kids want and
need to navigate life successfully, and is a leading publisher of books grounded in

learning material that is practical, positive, pro-kid, and solution focused. Free Spirits
books tackle an array of topics and offer sound advice for kidstoddlers, teens, and
everyone in between.
5.
Free Spirit has nearly 13 million books in circulation around the world, and
its books have received recognition from esteemed institutions including the American
Library Association, American Academy of Pediatrics, YALSA (Young Adult Library
Society of America), National Mental Health Association, Mensa Association, Autism
National Committee, Chicago Public Library, Girl Scouts of the USA, and many others.
Free Spirits expert authors have been critically hailed on well-known broadcast outlets.
6.
In or about 1997, Free Spirit began publishing its How Rude! series of
books, regarding the subject matter of manners, advice, and proper behavior for children
and teens. The series has sold in excess of 169,000 copies worldwide (collectively the
How Rude! Books). The How Rude! Books include:
a. How Rude!: The Teenagers Guide to Good Manners, Proper
Behavior, and Not Grossing People Out, first published by Free Spirit
in 1997.
b. How Rude! : Handbook of Friendship & Dating Manners for Teens:
Surviving the Social Scene, first published by Free Spirit in 2004.
c. How Rude! : Handbook of School Manners for Teens: Civility in the

Hallowed Halls, first published by Free Spirit in 2004.
d. How Rude! : Handbook of Family Manners for Teens: Avoiding Strife
in Family Life, first published by Free Spirit in 2004.
e. How Rude! (Revised and Updated Edition): The Teenagers Guide to
Good Manners, Proper Behavior, and Not Grossing People Out, first
published by Free Spirit in 2014.
7.
Free Spirits How Rude! Books have become well-known and are
associated with a particular publisher.

8.
On April 19, 2005, the United States Patent and Trademark Office duly and
validly issued Trademark Reg. No. 2,942,376 for the trademark How Rude! (the How
Rude! Trademark). The How Rude! Trademark now is incontestable and was renewed
by Free Spirit in 2015. A true and correct copy of the How Rude! Trademark is attached
as Exhibit A.
9.
All of the Free Spirits How Rude! Books in the series show the text and
the How Rude! Trademark in large font, with the various book subtitles directly
underneath mostly in a smaller font.
10.
Upon information and belief, Scholastic is a one of the largest publicly
traded book publishing corporations worldwide. Scholastic claims it has $1.6 billion in
annual revenue.
11.
On or about August 25, 2015, Scholastic began publishing and selling a
book entitled How Rude! Real Bugs Who Wont Mind Their Manners, by Heather
3
Montgomery and Howard McWilliam (the Infringing Book). A true and correct copy
of screen shots of the Infringing Book is attached as Exhibit B.
12.
Scholastics Infringing Book includes the How Rude! Trademark displayed
in very large font, which occupies most of the books cover. The subtitle, Real Bugs
Who Wont Mind Their Manners, appears in a small font directly under the How Rude!
Trademark. The Infringing Book further uses the exclamation point directly after the
words How Rude!, identical to the How Rude! Trademark.
13.
An Amazon.com search using the How Rude! Trademark results in Free
Spirits How Rude! Books, as well as Scholastics Infringing Book in the same list. Two
of Free Spirits How Rude! Books are listed as the first and second books. Scholastics
Infringing Book is listed as the third book, followed by several more How Rude! Books.
A true and correct copy of the Amazon.com search results using the How Rude!
Trademark is attached as Exhibit C.
14.
On September 9, 2015, Free Spirit sent a letter to Scholastic informing
them of the How Rude! Trademark and that the Infringing Book used Free Spirits How
Rude! Trademark without permission. Free Spirit received no response from Scholastic.
15.
On November 16, 2015, Free Spirits attorney sent a second letter telling
Scholastic that its Infringing Book used Free Spirits the How Rude! Trademark without
permission, and requested that Scholastic cease sales of its Infringing Book and use of
any related marketing or promotional materials.
16.
On or about December 3, 2015, in house counsel for Scholastic finally
responded, stating Scholastic would look into the matter and would soon respond
substantively.
17.
Despite at least three subsequent emails, and one response from Scholastic
again promising a response very soon, Scholastic has never responded substantively to
Free Spirit.
18.
Scholastic has been on notice that its Infringing Book infringes Free
Spirits How Rude! Trademark since at least September 2015. Despite such notice,
Scholastic continues to advertise, market and sell its Infringing Book in the United States
and Minnesota.
CAUSES OF ACTION
Count I: Trademark Infringement in Violation of 15 U.S.C. 1114
19.
Free Spirit restates and realleges paragraphs 1 through 18 and incorporates
them herein by reference.

20.
Scholastics sale, marketing, and advertising of the Infringing Book
infringes Free Spirits How Rude! Trademark in violation of 15 U.S.C. 1114.

21.
Scholastic has sold and continues to sell, market, and advertise the
Infringing Book, knowing that the How Rude! Trademark is owned by Free Spirit and
that its Infringing Book is likely to cause confusion, mistake or deception.
22.
Scholastics sale, marketing, and advertising of its Infringing Book is likely
to cause confusion, or to cause mistake, or to deceive.
23.
Scholastic has reproduced, copied, and colorably imitated the How Rude!
Trademark as applied to the Infringing Book and to advertisements intended to be used in

commerce upon or in connection with the sale, offering for sale, distribution, or
advertising of goods and services on or in connection with which such use is likely to
cause confusion, or to cause mistake, or to deceive.
24.
Scholastics sale, marketing, and advertising of its Infringing Book has
been committed with knowledge that its imitation of the How Rude! Trademark is
intended to cause confusion, or to cause mistake, or to deceive.
25.
Scholastics willful and intentional infringement and violation of 15 U.S.C.
1114 has caused, and will continue to cause, loss and damage to Free Spirit in an
amount to be determined at trial, including, but not limited to, Scholastics profits,
damages sustained by Free Spirit, and costs of the action.
26.
1114 has caused, and will continue to cause, loss and damage to Free Spirit in an
amount three times the profits or damages, whichever amount is greater, together with a
reasonable attorneys fees.
27.
1114 requires that all Infringing Books, advertising, marketing materials, or other items
bearing the Infringing Book be delivered up and destroyed.
28.
Scholastics willful and intentional infringement of the How Rude!
Trademark has caused, and will continue to cause, irreparable harm and injury to Free
Spirit such that Free Spirit is entitled to an injunction enjoining Scholastic from the
manufacture, use, display, marketing, advertising, or sale of the Infringing Book.
Count II: Violation of the Lanham Act, 15 U.S.C. 1125
29.

30.
Scholastics sale, marketing, and advertising of the Infringing Book
constitutes a violation of 15 U.S.C. 1125.

31.
Scholastics sale, marketing, and advertising of its Infringing Book in
interstate commerce constitutes a false or misleading description of fact, or false or

misleading representation of act, which is likely to cause confusion, or to cause mistake,
or to deceive as to the affiliation, connection, or association of Scholastic with Free
Spirit, or as to the origin, sponsorship, or approval of the Infringing Book with Free
Spirit.
32.
Scholastics sale, marketing, advertising, and promotion of the Infringing
Book misrepresents the nature, characteristics, or qualities of its and Free Spirits goods,
services, or commercial activities.
33.
Scholastics sale, marketing, advertising, and use of its Infringing Book has
caused, and will continue to cause, loss and damage to Free Spirit in an amount to be
determined at trial, including, but not limited to, Scholastics profits, damages sustained
by Free Spirit, and costs of the action. Such damages should be increased by the Court to
a sum above the amount found as actual damages, not exceeding three times such
amount.
7
34.
1125 requires that all Infringing Books, advertising, marketing materials, or other items
bearing the Infringing Book be delivered up and destroyed.
35.
Scholastics sale, marketing, and advertising of its Infringing Book has
caused, and will continue to cause irreparable harm and injury to Free Spirit such that
Free Spirit is entitled to an injunction enjoining Scholastic from the manufacture, use,
display, marketing or advertising of the Infringing Book.
Count III: Violation of the Minnesota Uniform Deceptive Trade Practices Act,
Minn. Stat. 325D.43, et seq.
36.

37.
Scholastics sale, marketing and advertising of its Infringing Book
constitutes a violation of Minnesota Uniform Deceptive Trade Practices Act, Minn. Stat.
325D.43, et seq.
38.
Scholastics sale, marketing, and advertising of its Infringing Book
constitutes a deceptive trade practice in violation of, inter alia, Minn. Stat. 325D.44,
subd. (2), (3), and (13), in that such sale, marketing, and advertising causes a likelihood
of confusion or of misunderstanding.
39.
Scholastics sale, marketing, and advertising of its Infringing Book, in
violation of the Minnesota Uniform Deceptive Trade Practices Act, has caused, and will
continue to cause irreparable harm and injury to Free Spirit such that Free Spirit is
entitled to an award of its attorneys fees and an injunction enjoining Scholastic from the
manufacture, use, display, marketing, advertising, or sale of the Infringing Book.
DEMAND FOR JURY TRIAL
Free Spirit demands a trial by jury on all issues triable to a jury.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff Free Spirit Publishing Inc. prays for entry of judgment
against Defendant Scholastic Corporation as follows:
1.
On Count I, for an award of damages against Scholastic, the precise amount
to be determined at trial, including, but not limited to, Scholastics profits, damages
sustained by Free Spirit, attorneys fees, the costs of the action, increased damages, an
injunction enjoining Scholastic from the manufacture, use, display, marketing,
advertising, or sale of the Infringing Book, and an order that all Infringing Books,
advertising, marketing materials, or other items bearing the Infringing Book be delivered
up and destroyed.
2.
On Count II, for an award of damages against Scholastic, the precise
amount to be determined at trial, including, but not limited to, Scholastics profits,
damages sustained by Free Spirit, increased damages, attorneys fees, the costs of the
action, an injunction enjoining Scholastic from the manufacture, use, display, marketing,
advertising or sale of the Infringing Book, and an order that all Infringing Books,
advertising, marketing materials, or other items bearing the Infringing Book be delivered
up and destroyed.
3.
On Count III, for an injunction enjoining Scholastic from the manufacture,
use, display, marketing, advertising, or sale of the Infringing Book, and an award of Free
Spirits costs and attorneys fees.
4.
For an award of Free Spirits attorneys fees and all costs incurred in
connection with this action as allowed by applicable law.

5.
For pre- and post-judgment interest on all sums awarded as allowed by law.
6.
For such other and further relief as the Court may deem just and equitable.
Dated: February 23, 2016.
s/L. Reagan Florence

Alan M. Anderson (149500)
L. Reagan Florence (0396468)
Aaron C. Nyquist (0392394)
Of Counsel
Alan Anderson Law Firm LLC
Crescent Ridge Corporate Center
11100 Wayzata Blvd., Suite 545
Minneapolis, MN 55305
Tel: (612) 756-7000
Fax: (612) 756-7050
Email: aanderson@anderson-lawfirm.com
anyquist@anderson-lawfirm.com
rflorence@anderson-lawfirm.com
Attorneys for Plaintiff
Free Spirit Publishing Inc.
10
CASE 0:16-cv-00457 Document 1-1 Filed 02/23/16 Page 1 of 2

Exhibit A
Exhibit B
0:16-cv-00457
Document
How Rude! Real Bugs WhoCASE
Won't Mind
Their Manners: Heath...
All
Shop by
Books
How Rude!
Shopping History
Department
Advanced Search
1-2 http://www.amazon.com/Rude-Real-Bugs-Their-Manners/dp/0...
Filed 02/23/16 Page 3 of 6
New Releases
Reagan's Amazon.com
Best Sellers
Hello, Reagan
Today's Deals
The New York Times Best Sellers
Your
Your Account
Children's Books
Textbooks
Your
Prime
Lists
Textbook Rentals
Cart
Sell Us Your Books
Back to search results for "How Rude!"
How Rude! Real Bugs Who Won't Mind Their Manners and over one million other books are available for Amazon Kindle. Learn more
Share
How Rude! Real Bugs Who Won't

Mind Their Manners Paperback
August 25, 2015
by Heather Montgomery
(Illustrator)
(Author), Howard McWilliam
$4.21
Buy New
Qty:
List Price: $4.99

Save: $0.78 (16%)
4 customer reviews
See all 2 formats and editions
Kindle
$3.82
Paperback
Read with Our Free App
14 Used from $0.22

37 New from $1.73
Only 6 left in stock.

Ships from and sold by Amazon.com.
Gift-wrap available.
$4.21
Add to Cart
or 1-Click Checkout
Some bugs litter. Some pass gas. Some bugs throw
Flip to back
Buy now with 1-Click
their poop! Discover ten of the rudest, crudest bugs

Order within 1hr 8min to get it:
around.
Full of scientific facts, humor and just the right
amount of yuck, How Rude! will make you scream
"gross!" Featuring a countdown of the top 10 bad
Fri
Mon
+3.99
Free
Ship to:
Laura Reagan Flor- BLUFFDALE
See all 2 images

National Geographic Little Kids First Big
Book of How
The latest installment in this bestselling kids
reference series from National Geographic.
Learn more | See related books
Frequently Bought Together
This is a gift
Buy Used
$0.22
Add to List
Total price: $13.19
Add to Baby Registry
Add all three to Cart
Add all three to List
This item: How Rude! Real Bugs Who Won't Mind Their Manners by Heather Montgomery Paperback $4.21
What If You Had Animal Feet? by Sandra Markle Paperback $4.99
What If You Had Animal Hair? by Sandra Markle Paperback $3.99
Customers Who Bought This Item Also Bought
1 of 6
Page 1 of 3
2/18/16, 3:52 PM
0:16-cv-00457
Document
Won't Mind
Unsolved Mysteries of
Nature (Unsolved Mystery
What If You Had Animal

Feet?
Why Do My Teeth Fall

Out?: And Other Questions
What If You Had Animal

Hair?
Special Offers and Product Promotions

Get a $50.00 Amazon.com Gift Card loaded to your Amazon.com Account within 3 days following approval for the Discover it card. Terms and conditions
apply. See offer for details. Apply now.
Editorial Reviews
About the Author
Heather Montgomery is passionate about nature! She has taught science outdoors and in the classroom, plus directed an environmental
education center. She is the author of several nonfiction childrens books, including the Wild About Snakes series for Capstone Press. Heather
has a B.S. in Biology and a M.S. in environmental education. Learn more about her at www.HeatherLMontgomery.com.
Howard McWilliam is the illustrator of Dinosaur Christmas, by Jerry Pallotta; I Need My Monster, by Amanda Noll; and When a Dragon Moves
In, by Jodi Moore. He lives in Kingston Upon Thames, England, with his wife, Rebecca. For more information, go to www.mcbill.plus.com.
Product Details
Start reading How Rude! Real

Bugs Who Won't Mind Their
Age Range: 7 - 10 years
Manners on your Kindle in under

a minute.
Grade Level: 2 - 5
Lexile Measure: NC830L (What's this?)
Paperback: 32 pages
Publisher: Scholastic Nonfiction (August 25, 2015)
Language: English
ISBN-10: 0545780551
ISBN-13: 978-0545780551
Product Dimensions: 10 x 0.2 x 8 inches
Shipping Weight: 12.6 ounces (View shipping rates and policies)
Average Customer Review:
(4 customer reviews)
Amazon Best Sellers Rank: #221,763 in Books (See Top 100 in Books)
#174 in Books > Children's Books > Education & Reference > Science Studies > Zoology
Don't have a Kindle? Get your

Kindle here, or download a FREE
Kindle Reading App.
Best Books of the Month

for Children
Looking for
recommendations in
children's books? Browse our editors'
picks for the Best Books of the Month for
kids of all ages.
#365 in Books > Children's Books > Animals > Bugs & Spiders
#3378 in Books > Children's Books > Science, Nature & How It Works
Would you like to update product info or give feedback on images?
More About the Author

Visit Amazon's Heather Montgomery Page
Biography
Heather L. Montgomery writes about nature and science for children. Her books include WILD DISCOVERIES: WACKY NEW ANIMALS,
WHAT'S INSIDE A RATTLESNAKE'S RATTLE?, MUMMIES: TRUTHS AND RUMORS, KINGSNAKES, WHY DO MY TEETH FALL OUT?
and many more! She is published in HIGHLIGHTS FOR CHILDREN, SCIENCE WORLD, and KNOW:THE SCIENCE MAGAZINE FOR
CURIOUS KIDS.
Follow on Amazon
Follow authors to get new
release updates, plus
improved
recommendations and
more coming soon.
Heather masterfully employs yuck appeal to engage young minds. She delights in using snail poop, petrified animal parts and tree guts to
inspire reluctant readers and encourage scientific thinking. Heather has a B.S. in Biology and a M.S. in Environmental Education. Learn
more about her at www.HeatherLMontgomery.com.
Customer Reviews
Learn More
2 of 6
2/18/16, 3:52 PM
0:16-cv-00457
Document
Won't Mind
4.0 out of 5 stars

5 star
75%
4 star
0%
3 star
0%
2 star
0%
1 star
25%
Share your thoughts with other customers
Move Forward
Write a customer review
Act now for these

limited time offers
See all 4 customer reviews

Learn more
Top Customer Reviews
Restrictions apply
Amusing and Scientific. Highly Recommend.

By A. Whipple on August 28, 2015
Format: Paperback
Ad feedback
Verified Purchase
How Rude provides children unique insight to the insect world. Author Heather Montgomery compares
ten of the grossest kid bugs in North America. Each of the ten insects compete in the Battle for the
Grossest. Each insects rude and crude behavior is explained in humorous ways that kids can relate to
followed by The Real Deal which explains the science behind these rude behaviors.
Search Customer Reviews

Search
A photograph of each insect accompanies the humorous and detailed illustrations by Howard
McWilliam. Each insects nasty behavior is rated on the Gross-O-Meter and Manners Meter.
If you are wondering about the cover illustration, the Tortoise Beetle Larvae wears his poop! The author
explains, When most bugs have to go, they drop their dung in the dirt and let it turn back into soil. Not
this guy! He refuses to let his poop go. Instead, he stockpiles it on his back. She goes on to explain
how this insect does this and how some scientists think the insect hoards its waste.
Fun explanations and illustrations combined with photographs, scientific descriptions and terms, and
even Latin insect names provides great balance for kids who have little or high interest in insects. My
own children love this book and go around singing the tagline, Some bugs litter. Some pass gas.
Others throw their poop. (My children happened to think the included words fart and poop were
hilarious, but its not all about potty words. Cannibalism, decapitating heads, and more disgust readers,
too. If you are concerned about the potential for potty talk, remember these are bugs who don't mind
their manners.) After each reading my chidlren notice something different-sometimes in the illustrations
and sometimes about the insects themselves.
A few details are highly commendable. Read more
Comment
3 of 4 people found this helpful. Was this review helpful to you?
Yes
No
Report
abuse
I found Heather Montgomery's book both fun and fact filled
By Mark E. Hubbs on November 24, 2015
Format: Kindle Edition
I found Heather Montgomery's book both fun and fact filled. Do we learn that some bugs are a bit
gross? Yes, indeed, but that is what makes this book fun for the young reader. The illustrations add to
the whimsical nature of the book and youngsters will absorb a good bit of entomology without even
realizing it, both the rude and the not so rude. The photos of the actual creatures are a great touch. I
don't understand a previous reviewer's concern that this book is inappropriate for kids. I would not
hesitate to give this book to any of my grandchildren.
Comment
Was this review helpful to you?
Yes
No
Report abuse
The Best Book about Rude Bugs!

By Lisa Tyre on November 19, 2015
Format: Paperback
How Rude! is a hilarious, and enGROSSing, look at ten bugs, such as Gassy Guy (Giant Mesquite
Bug) and Upchuck Eater (American Burying Beetle), who are competing in a "Battle for the Grossest".
The animals stink, throw poop, suck the guts of their prey and exhibit other "rude" behaviors.
Montgomery explains the WHY behind their behaviors in a way that is interesting and fun. The writing is
super and the illustrations are a perfect compliment. I bought this book for my favorite little guy and
can't wait to share it with him.
Comment
3 of 6
Was this review helpful to you?
Yes
No
Report abuse
2/18/16, 3:52 PM
0:16-cv-00457
Document
Won't Mind
One Star
By Amazon Customer on November 6, 2015
Format: Paperback
Crude and rude and very in appropriate book for even a teenager. DO NOT PURCHASE THIS BOOK
Comment
0 of 3 people found this helpful. Was this review helpful to you?
Yes
No
Report
abuse
See all 4 customer reviews (newest first)
Write a customer review
Set up an Amazon Giveaway

Amazon Giveaway allows you to run promotional giveaways in order to create buzz, reward your audience, and attract new followers and customers. Learn more
This item: How Rude! Real Bugs Who Won't Mind Their Manners
Price: $4.21
Ships from and sold by Amazon.com
Set up a giveaway
Your Recently Viewed Items and Featured Recommendations
4 of 6
2/18/16, 3:52 PM
Exhibit C
Amazon.com: How Rude!
CASE 0:16-cv-00457 Document 1-3 http://www.amazon.com/s/ref=nb_sb_noss_2?url=search-alias=...

All
Shop by
Department
How Rude!
Shopping History
Reagan's Amazon.com
Today's Deals
Hello, Reagan
Your Account
1-16 of 778 results for "How Rude!"
Refine by
Amazon Prime
Prime
Sort by
Your
Lists
Cart
Relevance
How Rude!: The Teen Guide to Good Manners, Proper Behavior, and Not
Grossing People Out May 15, 2014
by Alex J. Packer Ph.D.
Books
Teen & Young Adult Social
Issues
Teen & Young Adult Books
Paperback
$19.55 $23.99
Get it by Friday, Feb 19
More Buying Choices
$11.05 used & new (45 offers)
Being a Teen
Kindle Edition
Marriage
$15.49
Children & Teens Christian

Education
Auto-delivered wirelessly
Your
See more
Novelty & More

Men's Novelty Sweatshirts
21
Trade in yours for an Amazon Gift Card up
to $3.11
Books: See all 106 items
How Rude!: The Teenagers' Guide to Good Manners, Proper Behavior, and
Not Grossing People Out Sep 1997
by Alex J. Packer
Paperback
Digital Music
Dubstep Music
76
Audible Audio Edition
Kindle Store
Children's Nonfiction
$0.00
Free with Audible trial
Children's Zoology Books

+
See All 28 Departments
Other Formats: School & Library Binding

See newer edition of this book
Book Format
How Rude! Real Bugs Who Won't Mind Their Manners
Paperback
by Heather Montgomery and Howard McWilliam
Kindle Edition
Paperback
$4.21 $4.99
Only 6 left in stock - order soon.
Book Language
English
Aug 25, 2015

4
More Buying Choices

Brand
Moment Gear
Kindle Edition
A&T Designs
$3.82
Avg. Customer Review

& Up
& Up
& Up
& Up
Speaking of Divorce: How to Talk with Your Kids and Help Them Cope
May 1,
2001
by Roberta Beyer and Kent Winchester
Paperback
4
International Shipping
AmazonGlobal Eligible
Condition
New
Used
The How Rude! Handbook of Family Manners for Teens: Avoiding Strife in
Family Life (How Rude Handbooks for Teens) Sep 15, 2004
by Alex J. Packer
Paperback
1 of 4
3
2/18/16, 3:47 PM

Don't Give Me That Attitude!: 24 Rude, Selfish, Insensitive Things Kids Do

and How to Stop Them Mar 29, 2004
by Michele Borba
Paperback
$14.18 $16.95
Only 11 left in stock - order soon.
14
More Buying Choices

Kindle Edition
$13.47
Dude, That's Rude!: (Get Some Manners) (Laugh & Learn)
Jan 15, 2007
by Pamela Espeland and Elizabeth Verdick

Paperback
$8.95
Get it by Friday, Feb 19
135
More Buying Choices

Kindle Edition
$7.52
Other Formats: Library Binding
The How Rude! Handbook of School Manners for Teens: Civility in the
Hallowed Halls (How Rude Handbooks for Teens) Sep 15, 2004
by Alex J. Packer
Paperback
5
Ad feedback
The How Rude! Handbook of Friendship & Dating Manners for Teens:
Surviving the Social Scene (How Rude Handbooks... Sep 15, 2004
by Alex J. Packer
Paperback
How Rude is Farting (True Life Events)
5
Nov 17, 2010
by Linda Corby
Kindle Edition
$0.00
Subscribers read for free. Learn more.
3
$2.99 to buy
How Rude!: The Teenagers' Guide to Good Manners, Proper Behavior, and
Not Grossing People Out [Paperback] [September... 1994
by aa
Paperback
2 of 4
2/18/16, 3:47 PM

The Best Little Cat House In Maryland: The True and Mostly Accurate Story of
How Rude Ranch Animal Rescue Came... Sep 23, 2009
by Kathy Rude and Bob Rude
Paperback
$14.08 $14.95
Get it by Monday, Feb 22
12
More Buying Choices

Hardcover
$24.99
Temporarily out of stock. Order now and we'll deliver when
available.
More Buying Choices
How Rude!: Modern Manners Defined
Oct 16, 2012
by Lynne Truss and Michel Streich

Hardcover
Backtalk: 4 Steps to Ending Rude Behavior in Your Kids
Mar 10, 1998
by Audrey Ricker
Paperback
77
$12.99

More Buying Choices
Kindle Edition
$9.99
Other Formats: Hardcover, Audio Cassette
Simple Courtesies: How to be a Kind Person in a Rude World (Simpler Life

Books) Jun 1, 1998
by Janet Gallant
Hardcover
How To Be A Decent Human Being: Twenty Simple Things That You Can Do
Starting Today! Dec 6, 2015
by Michael Smith
Paperback
$6.99
More Buying Choices
Kindle Edition
$0.00
Subscribers read for free. Learn more.
$2.99 to buy
Previous Page
1 2
3 ... 20
Next Page
Search Feedback
Did you find what you were looking for?
Yes
3 of 4
No
2/18/16, 3:47 PM

If you need help or have a question for Customer Service, please visit the Help Section.
Everlast Nutrition Vegan Protein, Vanilla, 2

Pound
Vegan Protein: Gluten

Free. Low Calorie. No
Sugar.
112
Add to Cart
$59.99 $23.99
Ad feedback
Back to top
Get to Know Us
Make Money with Us
Amazon Payment Products
Let Us Help You
Careers
Sell on Amazon
Amazon.com Rewards Visa Card
Your Account
About Amazon
Sell Your Services on Amazon
Amazon.com Store Card
Your Orders
Investor Relations
Sell on Amazon Business
Amazon.com Corporate Credit Line
Shipping Rates & Policies
Amazon Devices
Sell Your Apps on Amazon
Shop with Points
Amazon Prime
Become an Affiliate
Credit Card Marketplace
Returns & Replacements
Advertise Your Products
Amazon Currency Converter
Manage Your Content and Devices
Self-Publish with Us
Amazon Assistant
Become an Amazon Vendor
Help
See all
Australia
Brazil
Canada
China
Germany
India
Italy
Japan
Mexico
Netherlands
Spain
United Kingdom
6pm
AbeBooks
ACX
AfterSchool.com
Alexa
Amazon Business
AmazonFresh
AmazonGlobal
Home Services
Amazon Web Services
Audible
BeautyBar.com
Book Depository
Casa.com
ComiXology
CreateSpace
Diapers.com
DPReview
East Dane
Fabric
Goodreads
IMDb
Junglee.com
Kindle Direct Publishing
Look.com
MYHABIT
Shopbop
Soap.com
TenMarks.com
VineMarket.com
Wag.com
Warehouse Deals
Woot!
Yoyo.com
Zappos
Score deals
on fashion brands
Ship Orders
Internationally
Thousands of
Digital Comics
Movies, TV
& Celebrities
Math Activities
for Kids & Schools
Rare Books
& Textbooks
Audiobook Publishing
Made Easy
Handpicked Pros
Happiness Guarantee
Indie Print Publishing

Made Easy
Shop Online
in India
Scalable Cloud
Computing Services
Everything
But The Baby
Indie Digital Publishing

Made Easy
Everything
to Live Life Green
Everything
For Your Pet
Conditions of Use
4 of 4
France
Privacy Notice
Kids Sports, Outdoor

& Dance Gear
Download
Audio Books
Digital
Photography
Kids' Clothing
& Shoes
Open-Box
Discounts
Actionable Analytics
for the Web
Prestige Beauty
Delivered
Designer Men's
Fashion
Private Fashion
Designer Sales
Discounts and
Shenanigans
Everything For
Your Business
Books With Free

Delivery Worldwide
Sewing, Quilting
& Knitting
Designer
Fashion Brands
A Happy Place
To Shop For Toys
Groceries & More

Right To Your Door
Kitchen, Storage
& Everything Home
Book reviews
& recommendations
Health, Beauty &

Home Essentials
Shoes &
Clothing
Interest-Based Ads 1996-2016, Amazon.com, Inc. or its affiliates
2/18/16, 3:47 PM
JS 44 (Rev. 12/12)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
DEFENDANTS
Free Spirit Publishing Inc.,
Scholastic Corporation,
Hennepin County
(b) County of Residence of First Listed Plaintiff
County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:
N/A
(IN U.S. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
Attorneys (If Known)
(c) Attorneys (Firm Name, Address, and Telephone Number)

Alan M. Anderson, L. Reagan Florence, Aaron C. Nyquist (Of Counsel)
Alan Anderson Law Firm LLC, Crescent Ridge Corporate Center
11100 Wayzata Blvd., Suite 545
Minneapolis, MN 55305, Tel: (612) 756-7000
II. BASIS OF JURISDICTION (Place an X in One Box Only)

1
U.S. Government
Plaintiff
X
3 Federal Question
U.S. Government
Defendant
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(U.S. Government Not a Party)

Diversity
(Indicate Citizenship of Parties in Item III)
(For Diversity Cases Only)

PTF
Citizen of This State
1
DEF
1
and One Box for Defendant)

PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State
Citizen of Another State
Incorporated and Principal Place

of Business In Another State
Citizen or Subject of a
Foreign Country
Foreign Nation
IV. NATURE OF SUIT (Place an X in One Box Only)

CONTRACT
TORTS
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education
FORFEITURE/PENALTY
PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement
625 Drug Related Seizure

of Property 21 USC 881
690 Other
BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
X 840 Trademark
LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
FEDERAL TAX SUITS

870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609
OTHER STATUTES
375 False Claims Act

400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes
IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions
V. ORIGIN (Place an X in One Box Only)

X
1 Original
Proceeding
2 Removed from
State Court
Remanded from
Appellate Court
4 Reinstated or
Reopened
5 Transferred from
Another District
(specify)
6 Multidistrict
Litigation
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Trademark Infringement under 15 U.S.C. 1114 and 1125, and Minnesota Uniform Deceptive Trade Practices Act, Minn. Stat. 325D.43, et seq.
VI. CAUSE OF ACTION Brief description of cause:
Infringement of Trademark Reg. No. 2,942,376
CHECK IF THIS IS A CLASS ACTION

VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE
CHECK YES only if demanded in complaint:

X Yes
No
JURY DEMAND:
DEMAND $
DOCKET NUMBER
SIGNATURE OF ATTORNEY OF RECORD
2/23/2016
s/ L. Reagan Florence
FOR OFFICE USE ONLY

RECEIPT #
AMOUNT
Print
APPLYING IFP
Save As...
JUDGE
MAG. JUDGE
Reset
JS 44 Reverse (Rev. 12/12)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a)
(b)
(c)
Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II.
Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III.
Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV.
Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V.
Origin. Place an "X" in one of the six boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.
VI.
Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII.
Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

Free Spirit v. Scholastic - How Rude Trademark Complaint PDF

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Free Spirit v. Scholastic - How Rude Trademark Complaint PDF

Uploaded by

Copyright:

Available Formats

CASE 0:16-cv-00457 Document 1 Filed 02/23/16 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT

Civil Action No. ______

JURY TRIAL DEMANDED

Free Spirit is a Minnesota corporation with its headquarters located at 6325

Sandburg Road, Suite 100, Golden Valley, Minnesota, 55427.

Upon information and belief, Scholastic is a corporation with its

headquarters located at 557 Broadway, New York, New York, 10012.

CASE 0:16-cv-00457 Document 1 Filed 02/23/16 Page 2 of 10

need to navigate life successfully, and is a leading publisher of books grounded in

CASE 0:16-cv-00457 Document 1 Filed 02/23/16 Page 3 of 10

c. How Rude! : Handbook of School Manners for Teens: Civility in the

associated with a particular publisher.

Upon information and belief, Scholastic is a one of the largest publicly

On or about August 25, 2015, Scholastic began publishing and selling a

CASE 0:16-cv-00457 Document 1 Filed 02/23/16 Page 4 of 10

Scholastics Infringing Book includes the How Rude! Trademark displayed

An Amazon.com search using the How Rude! Trademark results in Free

On September 9, 2015, Free Spirit sent a letter to Scholastic informing

CASE 0:16-cv-00457 Document 1 Filed 02/23/16 Page 5 of 10

On or about December 3, 2015, in house counsel for Scholastic finally

Free Spirit restates and realleges paragraphs 1 through 18 and incorporates

them herein by reference.

Scholastics sale, marketing, and advertising of the Infringing Book

infringes Free Spirits How Rude! Trademark in violation of 15 U.S.C. 1114.

Scholastics sale, marketing, and advertising of its Infringing Book is likely

to cause confusion, or to cause mistake, or to deceive.

CASE 0:16-cv-00457 Document 1 Filed 02/23/16 Page 6 of 10

Trademark as applied to the Infringing Book and to advertisements intended to be used in

Scholastics sale, marketing, and advertising of its Infringing Book has

Scholastics willful and intentional infringement and violation of 15 U.S.C.

Scholastics willful and intentional infringement and violation of 15 U.S.C.

Scholastics willful and intentional infringement and violation of 15 U.S.C.

Scholastics willful and intentional infringement of the How Rude!

CASE 0:16-cv-00457 Document 1 Filed 02/23/16 Page 7 of 10

Free Spirit restates and realleges paragraphs 1 through 28 and incorporates

them herein by reference.

Scholastics sale, marketing, and advertising of the Infringing Book

constitutes a violation of 15 U.S.C. 1125.

Scholastics sale, marketing, and advertising of its Infringing Book in

interstate commerce constitutes a false or misleading description of fact, or false or

Scholastics sale, marketing, advertising, and promotion of the Infringing

CASE 0:16-cv-00457 Document 1 Filed 02/23/16 Page 8 of 10

Scholastics willful and intentional infringement and violation of 15 U.S.C.

Scholastics sale, marketing, and advertising of its Infringing Book has

Free Spirit restates and realleges paragraphs 1 through 35 and incorporates

them herein by reference.

Scholastics sale, marketing and advertising of its Infringing Book

Scholastics sale, marketing, and advertising of its Infringing Book

Scholastics sale, marketing, and advertising of its Infringing Book, in

CASE 0:16-cv-00457 Document 1 Filed 02/23/16 Page 9 of 10

On Count I, for an award of damages against Scholastic, the precise amount

On Count II, for an award of damages against Scholastic, the precise

CASE 0:16-cv-00457 Document 1 Filed 02/23/16 Page 10 of 10

On Count III, for an injunction enjoining Scholastic from the manufacture,

connection with this action as allowed by applicable law.

Dated: February 23, 2016.

s/L. Reagan Florence

CASE 0:16-cv-00457 Document 1-1 Filed 02/23/16 Page 1 of 2

CASE 0:16-cv-00457 Document 1-1 Filed 02/23/16 Page 2 of 2

CASE 0:16-cv-00457 Document 1-2 Filed 02/23/16 Page 1 of 6

CASE 0:16-cv-00457 Document 1-2 Filed 02/23/16 Page 2 of 6