2:05-cv-02257-KHV-JPO Graceland College Center For Professional Development and LifelongLearning Inc v. Price (17-1)

Case 2:05-cv-02257-KHV-JPO Document 17-1 Filed 10/27/05 Page 1 of 19
IN THE UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF KANSAS
GRACELAND COLLEGE CENTER FOR )

PROFESSIONAL DEVELOPMENT AND )
LIFELONG LEARNING, INC., )
d/b/a SKILLPATH )
6900 Squibb Road )
Shawnee Mission, Kansas 66201-2768, )
)
Plaintiff, ) Case No. 05-2257-KHV
)
v. )
)
MICHAEL F. PRICE, )
BizSummits LLC, )
and Specialty Holdings LLC d/b/a VC South )
66 Perimeter Center, 6th Floor )
Atlanta, Georgia, 30346, )
)
Defendants. )
PROPOSED FIRST AMENDED COMPLAINT
Plaintiff Graceland College Center for Professional Development and Lifelong Learning,
Inc., d/b/a SkillPath (SkillPath or Plaintiff) for its Complaint states as follows:
Parties
1. Plaintiff Graceland College Center for Professional Development and Lifelong
Learning, Inc., d/b/a SkillPath is a Missouri not for profit corporation with its principal place of
business at 6900 Squibb Road, Shawnee Mission, Kansas, 66201.
2. Upon knowledge and belief, Defendant Michael F. Price (Price) is an individual
resident of Georgia, whose residence address is unknown. Price may be served at his business
address, 66 Perimeter Center, 6th Floor, Atlanta, Georgia, 30346.
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3. Upon information and belief, Specialty Holdings LLC, d/b/a VC South (VC South)
is a limited liability company organized under the laws of the state of Georgia, with its principal
place of business at 66 Perimeter Center, 6th Floor, Atlanta, Georgia, 30346.
4. Upon information and belief, BizSummits LLC (BizSummits) is a limited liability
company organized under the laws of the state of Georgia, with its principal place of business at 66
Perimeter Center, 6th Floor, Atlanta, Georgia, 30346.
5. Defendants Price, BizSummits and VC South, at times relevant to this Complaint,
have operated under the fictitious name SkillSummit. Defendants Price, BizSummits, and VC
South will be referenced collectively throughout this Complaint as SkillSummit.
Jurisdiction and Venue
6. This court has original jurisdiction over the subject matter of this action, pursuant
to 28 U.S.C. 1331 and 1338(a) and (b), as an action arising under the laws of the United
States, specifically the Copyright Act of 1976, Title 17 of the United States Code, and the
Lanham Trademark Act, Title 15 of the United States Code.
7. In addition, this case involves parties that are diverse, as Plaintiff and Defendant
reside in different states, and the amount in controversy exceeds $75,000. This Court therefore may
exercise jurisdiction over the subject matter of this Complaint under 28 U.S.C. 1332.
8. This Court may exercise supplemental jurisdiction over the state law claims alleged
in this action under 28 U.S.C. 1367, because those claims are so related to claims in the action
within the Courts original jurisdiction that they form part of the same case or controversy.
9. This court may exercise personal jurisdiction over Price, VC South, and BizSummits,
under K.S.A. 60-308(b)(1), (2) and (7), by reason of Defendants transacting business within this
State, committing tortious acts within this State, and causing persons within this State injury arising
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out of acts or omissions outside this State when Defendants were engaged in solicitation or service
activities within this State.
10. Venue is proper in this judicial district, pursuant to 28 U.S.C. 1391, because a
substantial part of the events or omissions giving rise to the claims occurred here and, pursuant
to 28 U.S.C. 1400, because personal jurisdiction may be exercised over the defendant here.
Facts Common to All Counts
11. SkillPath is the largest provider of business and professional skills seminars in the
world, hosting more than twenty thousand seminars annually in more than 450 cities.
12. SkillPath creates large amounts of educational materials, including brochures
advertising its various seminars. SkillPath regularly registers claims to copyright in its written
materials with the United States Copyright Office.
13. SkillSummit promotes seminar services via the Internet, at the URLs
www.skillsummit.com and www.bizsummits.org (collectively, the SkillSummit Websites). The
SkillSummit Websites claim that SkillSummit is a division of BizSummits, a professional
association.
14. Both VC South and BizSummits appear to be controlled by Price and operated from
the address referenced in paragraphs 2-4.
15. The SkillSummit Websites allow web users to register and pay for seminars and other
products and services directly through the SkillSummit Websites.
16. As a result, the SkillSummit Websites are highly interactive.
17. In May of 2005, SkillPath discovered that SkillSummit was promoting five seminars
whose titles were identical to titles used by SkillPath. Moreover, on the SkillSummit Websites,
SkillSummit posted large amounts of textual material identical to textual material from seminar
brochures published by SkillPath for those five seminars in direct mailings and on its Website. The
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textual material that appeared on the SkillSummit Websites was plainly and obviously copied from
SkillPath's brochures.
18. In particular, the SkillSummit Websites displayed the textual material contained in
the printout attached hereto as Exhibit A-1.
19. The textual material describing seminar content in paragraph 18 above was identical
to textual material from SkillPaths brochure entitled Disciplining Problem Workers and Improving
Their Performance, Reg. No. TX--4-233-427, issued April 3, 1996. A current copy of that brochure
is attached hereto as Exhibit A-2.
20. SkillSummit subsequently altered the copied textual material from Exhibit A-2 and
displayed it on the SkillSummit Websites as show in the printout attached as Exhibit A-3.
21. In addition, the SkillSummit Websites displayed the textual material contained in the
printout attached hereto as Exhibit B-1.
to textual material from SkillPaths brochure entitled Management Skills for the New or Prospective
Manager, Reg. No. TX-4-905-276, issued December 17, 1998. A current copy of that brochure is
attached hereto as Exhibit B-2.
23. SkillSummit subsequently altered the copied textual material from Exhibit B-2 and
displayed it on the SkillSummit Websites as show in the printout attached as Exhibit B-3.
24. Further, the SkillSummit Websites displayed the textual material contained in the
printout attached hereto as Exhibit C-1.
to textual material from SkillPaths brochure entitled How to Become a Better Communicator,
Reg. No. TX-4-084-256, issued July 25, 1995. A current copy that brochure is attached hereto as
Exhibit C-2.
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26. SkillSummit subsequently altered the copied textual material from Exhibit C-2 and
displayed it on the SkillSummit Websites as show in the printout attached as Exhibit C-3.
27. The SkillSummit Websites displayed the textual material contained in the printout
attached hereto as Exhibit D-1.
to textual material from SkillPaths brochure entitled Managing Multiple Projects, Objectives, and
Deadlines, Reg. No. TX-3-260-612, issued February 4, 1992. A current copy of that brochure is
attached hereto as Exhibit D-2.
29. SkillSummit subsequently altered the copied textual material from Exhibit D-2 and
displayed it on the SkillSummit Websites as show in the printout attached as Exhibit D-3.
30. The SkillSummit Websites displayed the textual material contained in the printout
attached hereto as Exhibit E-1.
to textual material from SkillPaths brochure entitled Fundamentals of Successful Project
Management, Reg. No. TX-4-905-275, issued December 17, 1998. A current copy of that brochure
is attached hereto as Exhibit E-2.
32. SkillSummit subsequently altered the copied textual material as Exhibit E-2 and
displayed it on the SkillSummit Websites as show in the printout attached as Exhibit E-3.
33. SkillPath registered claims to copyright in each of the brochures described in
paragraphs 19, 22, 25, 28, and 31 above, and those brochures will be referenced throughout this
Complaint collectively as the Registered Brochures.
34. Each of the Registered Brochures contains significant creative textual material that
represents the qualitative core of each respective work.
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35. On May 31, 2005, SkillPath alerted SkillSummit that it had discovered the
SkillSummit Websites contained significant amounts of material that infringed SkillPaths
copyrights.
36. On June 3, 2005, SkillPaths attorney left a voicemail for Price stating that infringing
material was on the SkillSummit Websites. Price subsequently contacted SkillPaths attorney by
email and stated that one of BizSummitss seminar managers made a number of changes to the
SkillSummit Websites and that there should be nothing that infringes.
37. Upon inspection of the SkillSummit Websites, SkillPaths representatives discovered
that any changes that had been made were not sufficient to alleviate the infringement.
38. Upon knowledge and belief, SkillSummit has promoted and provided seminars, and
has gained revenue and profit, through its use of textual material taken from SkillPaths Registered
Brochures.
39. Since at least as early as September of 1989, SkillPath has promoted and provided its
education and seminar services using the mark SKILLPATH.
40. On August 21, 1990, SkillPath obtained a federal trademark registration for its mark
SKILLPATH, stylized as one word, with each root within the word appearing with an initial capital
letter (i.e., SkillPath), as used with the following services: educational services; namely,
conducting seminars in the field of business management. That registration is evidenced by U.S.
Registration Number 1610824. That registration is now incontestable.
41. On October 19, 1999, SkillPath registered the mark SKILLPATH as a word mark
with respect to the following goods in classes 9, 16, and 41: pre-recorded videocassettes and audio
cassettes featuring information about educational programs in the field of business and business
management; training materials, namely, written manuals, books, pamphlets and flyers featuring
information about business and business management; educational services, namely, conducting
seminars, classes, conferences, and workshops in the field of business and business management and
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the distribution of course materials therewith. That registration was assigned U.S. Registration
Number 2287507.
42. The registration described in paragraph 40 and the registration described in paragraph
41 will be referenced collectively throughout this Complaint as the SkillPath Marks.
43. SkillPath has used the SkillPath Marks in interstate commerce in the United States
and elsewhere for more than fifteen years, and as a result, SkillPath has acquired significant good
will for its products and services through use of the SkillPath Marks.
44. SkillPath has invested significant capital and time into developing awareness of its
SkillPath Marks in its consumer market, and provides thousands of seminars throughout the United
States and the world and has been in several years the most prolific mailer in the United States. The
SkillPath Marks have, therefore, become famous.
45. SkillPath has continuously and over a long period of time advertised seminars
using the marks "Dealing Effectively with Unacceptable Employee Behavior," "Excelling as a
First Time Manager or Supervisor," "Managing Multiple Projects, Objectives, and Deadlines,"
"How to Become a Better Communicator," and "Fundamentals of Successful Project Management."
(the Title Marks).
46. The Title Marks have, therefore, acquired secondary meaning.
47. SkillPath promotes and advertises its products and services to consumers via the
Internet, as well as by nationwide direct mailings.
48. On the SkillSummit Websites, SkillSummit advertises seminars using the mark
SkillSummit, stylized as one word, with each root within the word appearing with an initial capital
letter (i.e., SkillSummit).
49. In addition, SkillSummit advertises its seminars using the Title Marks.
50. SkillPath and SkillSummit offer identical services to the consuming public, namely,
educational services in the nature of business seminars.
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51. SkillPath and SkillSummit target the same consumer market, namely, business
people.
52. SkillPath began using its SkillPath Marks significantly earlier than SkillSummit
began using the SkillSummit mark.
Count I (Copyright Infringement, 17 U.S.C. 101, et seq.)
53. SkillPath incorporates the allegations of paragraphs 1-52 above.
54. SkillPath is the valid owner of the copyrights in and to the Registered Brochures, as it
is the author of those works or the owner by assignment of all rights to those works.
55. Because SkillPath distributes nationally millions of its promotional materials,
including the Registered Brochures, each year, and those materials, including the Registered
Brochures, are available on SkillPaths website, SkillSummit has access to the Registered Brochures.
56. SkillSummit has reproduced significant portions of textual material from the
Registered Brochures. The copied portions that appeared prior to their alteration and still appear on
the SkillSummit Websites are identical or substantially similar to textual material from the
Registered Brochures.
57. Because SkillSummit has posted on the Internet material that is identical and
substantially similar to material from the Registered Brochures, SkillSummit has publicly displayed
the Registered Brochures.
58. To the extent SkillSummit has adapted, recast, transformed, or adapted the Registered
Brochures, or has based works on the Registered Brochures, SkillSummits actions have violated
SkillPaths exclusive rights to produce derivative works of the Registered Brochures.
59. Defendant Price is directly, vicariously and contributorily liable for Defendant VC
Souths and Defendant BizSummits acts because he knew of the infringement, controlled,
participated in and contributed to the unauthorized copying, display and distribution of the
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Registered Brochures, provided the means by which the infringement could occur, and personally
benefited therefrom.
60. SkillSummits acts are in violation of 15 U.S.C. 501.
61. SkillSummits activities were and are willful.
62. As a result of SkillSummits activities as described herein, SkillPath has been and
continues to be damaged.
WHEREFORE, SkillPath respectfully prays that this Court enter its judgment against
Defendants, ordering as follows:
a. That Defendants Price, BizSummits, and VC South, and any other businesses
under their control, forever refrain from reproducing, displaying publicly, publishing, or
preparing derivative works from any works belonging to SkillPath that are protected under
the Copyright Act, including without limitation, the Registered Brochures; and
b. That Defendants Price, BizSummits, and VC South, and any other businesses
under their control, be required to compensate SkillPath for the damage it has suffered as a
result of the activities alleged herein and disgorge his profits or pay statutory damages of
$150,000 per Registered Brochure pursuant to 17 U.S.C. 504; and
c. That Defendants Price, BizSummits, and VC South, and any other businesses
under their control, pay SkillPaths costs and attorneys fees incurred in prosecuting this
action pursuant to 17 U.S.C. 505; and
d. That Defendants Price, BizSummits, and VC South, and any other businesses
under their control, and any other business under his control, impound and return to SkillPath
any infringing articles in his possession, custody, or control; and
e. For such other and further relief as this Court deems just and proper.
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Count II (Federal Trademark Infringement, 15 U.S.C. 1051, et seq.)
64. Since at least as early as September of 1989, SkillPath has advertised, promoted, and
provided its educational services, textual materials, and audiovisual materials using the SkillPath
Marks.
65. The SkillPath Marks are validly owned by SkillPath, and the SkillPath Marks are
validly registered with the United States Patent and Trademark Office.
66. SkillPath has not endorsed or sponsored SkillSummit, nor is SkillPath in any way
affiliated with SkillSummit.
67. Because the SkillPath Marks and the SkillSummit mark are similar, the services the
respective parties offer are identical, and the parties target the same consumer market, SkillSummits
use of the mark SkillSummit is likely to confuse and deceive consumers into believing that
SkillSummit is affiliated with, sponsored by, or endorsed by SkillPath.
68. Defendant Price is directly, vicariously, and contributory liable for the acts of VC
South and BizSummits because he knew of the infringement, intentionally induced the infringement,
participated in and contributed to the unauthorized use of the SkillPath Marks when he knew or had
reason to know that VC South and BizSummits were infringing, provided the means by which the
infringement could occur, could have foreseen the infringement, and personally benefited therefrom.
69. SkillSummits acts are in violation of 15 U.S.C. 1114.
70. SkillSummits use of the SkillSummit mark was and is willful and motivated by a
desire to trade off the good will associated with the SkillPath Marks.
71. As a result of the activities of SkillSummit described herein, SkillPath has been
damaged.
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under their control, forever refrain from using the SkillSummit mark, or any other mark that
is confusingly similar to the SkillPath Marks and the Title Marks; and
under their control, and any other business under his control, be required to compensate
SkillPath for the damages it has suffered as a result of the activities alleged herein and
disgorge his profits; and
under their control, and any other business under his control, be ordered to pay SkillPath
treble damages pursuant to 15 U.S.C. 1117(a).
under their control, and any other business under his control, pay SkillPaths costs and
attorneys fees incurred in prosecuting this action pursuant to 15 U.S.C. 1117(a); and
e. That Defendants Price, BizSummits, and VC South, and any other businesses
under their control, and any other business under his control, impound and return to SkillPath
any infringing articles in his possession, custody, or control; and
f. For such other and further relief as this Court deems just and proper.
Count III (Federal Dilution, 15 U.S.C. 1125(c))
73. For more than fifteen years, SkillPath has advertised, promoted, and provided its
educational services, textual materials, and audiovisual materials using the SkillPath Marks both in
the United States and around the world.
74. The SkillPath Marks are inherently distinctive, as evidenced by their registration on
the Principal Register of the United States Patent and Trademark Office without disclaimer.
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75. Of the top six providers of seminars in the United States (SkillPath, National
Seminars Group, Fred Pryor Seminars, American Management Association (AMA), and Franklin
Covey), none of the providers other than SkillPath uses a mark similar to SkillPath.
76. Because the SkillPath Marks and the SkillSummit mark are similar, the goods the
use of the mark SkillSummit lessens the capacity of the SkillPath Marks to identify and distinguish
the goods and services of SkillPath.
South and BizSummits because he knew of the dilution, intentionally induced the dilution,
participated in and contributed to the unauthorized use of the SkillPath Marks when he knew or had
reason to know that VC South and BizSummits were committing dilution, provided the means by
which the dilution could occur, could have foreseen the dilution, and personally benefited therefrom.
78. SkillSummits acts are in violation of 15 U.S.C. 1125(c).
79. SkillSummits use of the SkillSummit mark was willful and motivated by a desire to
trade off the good will associated with the SkillPath Marks.
damaged, in that its SkillPath Marks have diminished capacity to distinguish SkillPaths goods and
services from those of others.
under their control, forever refrain from using the SkillSummit mark, or any other mark that
is lessens the capacity of the SkillPath Marks to identify and distinguish the goods and
services of SkillPath; and
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result of the activities alleged herein and disgorge his profits; and
under their control, be ordered to pay SkillPath treble damages pursuant to 15 U.S.C.
1117(a).
action pursuant to 15 U.S.C. 1117(a); and
under their control, impound and return to SkillPath any diluting articles in his possession,
custody, or control; and
Count IV (Federal Unfair Competition, 15 U.S.C. 1125(a))
82. On the SkillSummit Websites, and, upon knowledge and belief, in other media,
SkillSummit has used the SkillSummit mark in commerce to promote its seminar services.
84. The Title Marks are validly owned by SkillPath, and have acquired secondary
meaning.
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86. Because the Title Marks are identical to the titles of SkillSummits seminars, the
services the respective parties offer are identical, and the parties target the same consumer market,
SkillSummits use of those marks is likely to confuse and deceive consumers into believing that
participated in and contributed to the unauthorized use of the Title Marks when he knew or had
reason to know that VC South and BizSummits were infringing, provided the means by which the
infringement could occur, could have foreseen the infringement, and personally benefited therefrom.
88. SkillSummits acts are in violation of 15 U.S.C. 1125(c)
89. SkillSummits use of the SkillSummit mark and Title Marks was willful and
motivated by a desire to trade off the good will associated with the SkillPath Marks.
damaged.
under their control, forever refrain from using the Skillsummit mark and the Title Marks, or
any other mark that is confusingly similar to the SkillPath Marks and the Title Marks; and
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1117(a).
under their control, impound and return to SkillPath any infringing articles in his possession,
Count V (Federal Cybersquatting, 15 U.S.C. 1125(d))
92. Price owns the domain name www.skillsummit.com, which he purchased and
registered on or about February 21, 2003 (the SkillSummit Domain Name).
93. Because the mark SkillSummit is confusingly similar to the mark SkillPath, and is
therefore infringing, SkillSummit has no valid trademark or other intellectual property rights in the
mark SkillSummit.
94. The SkillPath Marks are inherently distinctive and famous, as outlined above, and
were distinctive and famous at the time SkillSummit registered the SkillSummit Domain Name.
95. At the time SkillSummit registered the SkillSummit Domain Name, the SkillSummit
mark was confusingly similar to the SkillPath Marks.
96. SkillSummits acts are in violation of 15 U.S.C. 1125(d).
97. SkillSummits use of the SkillSummit mark was willful and motivated by a bad faith
desire to profit from diversion of the good will associated with the SkillPath Marks.
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damaged.
under their control, be required to forfeit the SkillSummit Domain Name to SkillPath; and
result of the activities alleged herein and disgorge his profits or pay statutory damages
pursuant to 15 U.S.C. 1117(d) ; and
1117(a).
Count VI (Kansas Unfair Competition)
100. Since at least as early as September of 1989, SkillPath has advertised, promoted, and
provided its educational services, textual materials, and audiovisual materials using the SkillPath
Marks in Kansas and throughout the United States and the world.
101. The SkillPath Marks are validly owned by SkillPath.
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102. The Title Marks are validly owned by SkillPath, and have acquired secondary
meaning.
105. Because the Title Marks are identical to the titles of SkillSummits seminars, the
services the respective parties offer are identical, and the parties target the same consumer market,
SkillSummits use of those marks is likely to confuse and deceive consumers into believing that
106. SkillSummits use of the SkillSummit mark was willful and motivated by a desire to
trade off the good will associated with the SkillPath Marks.
107. SkillSummits use of the Title Marks was and is willful and motivated by a desire to
trade off the good will associated with the Title Marks.
participated in and contributed to the unauthorized use of the SkillPath Marks and the Title Marks
when he knew or had reason to know that VC South and BizSummits were infringing, provided the
means by which the infringement could occur, could have foreseen the infringement, and personally
benefited therefrom.
damaged.
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under their control, forever refrain from using the SkillSummit mark and the Title Marks, or
any other mark that is confusingly similar to the SkillPath Marks and the Title Marks; and
action; and
under their control, impound and return to SkillPath any infringing articles in his possession,
e. For such other and further relief as this Court deems just and proper.
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Respectfully submitted,
SONNENSCHEIN NATH & ROSENTHAL LLP
By:
Robert O. Lesley KS #11545
Rebecca S. Stroder KS #20648
4520 Main Street, Suite 1100
Kansas City, Missouri 64111
Phone: (816) 460-2400
Fax: (816) 531-7545
rlesley@sonnenschein.com
rstroder@sonnenschein.com
Attorneys for Plaintiff Graceland College Center for

Professional Development and Lifelong Learning, Inc.,
d/b/a/ SkillPath, Inc.
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2:05-cv-02257-KHV-JPO Graceland College Center For Professional Development and LifelongLearning Inc v. Price (17-1)

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Case 2:05-cv-02257-KHV-JPO Document 17-1 Filed 10/27/05 Page 1 of 19

IN THE UNITED STATES DISTRICT COURT FOR THE

GRACELAND COLLEGE CENTER FOR )

PROPOSED FIRST AMENDED COMPLAINT

1. Plaintiff Graceland College Center for Professional Development and Lifelong

business at 6900 Squibb Road, Shawnee Mission, Kansas, 66201.

2. Upon knowledge and belief, Defendant Michael F. Price (Price) is an individual

address, 66 Perimeter Center, 6th Floor, Atlanta, Georgia, 30346.

place of business at 66 Perimeter Center, 6th Floor, Atlanta, Georgia, 30346.

4. Upon information and belief, BizSummits LLC (BizSummits) is a limited liability

Perimeter Center, 6th Floor, Atlanta, Georgia, 30346.

5. Defendants Price, BizSummits and VC South, at times relevant to this Complaint,

South will be referenced collectively throughout this Complaint as SkillSummit.

Jurisdiction and Venue

Lanham Trademark Act, Title 15 of the United States Code.

activities within this State.

Facts Common to All Counts

12. SkillPath creates large amounts of educational materials, including brochures

materials with the United States Copyright Office.

www.skillsummit.com and www.bizsummits.org (collectively, the SkillSummit Websites). The

SkillSummit Websites claim that SkillSummit is a division of BizSummits, a professional

the address referenced in paragraphs 2-4.

products and services directly through the SkillSummit Websites.

16. As a result, the SkillSummit Websites are highly interactive.

the printout attached hereto as Exhibit A-1.

is attached hereto as Exhibit A-2.

printout attached hereto as Exhibit B-1.

attached hereto as Exhibit B-2.

printout attached hereto as Exhibit C-1.

attached hereto as Exhibit D-1.

attached hereto as Exhibit D-2.

attached hereto as Exhibit E-1.

to textual material from SkillPaths brochure entitled Fundamentals of Successful Project

is attached hereto as Exhibit E-2.

33. SkillPath registered claims to copyright in each of the brochures described in

Complaint collectively as the Registered Brochures.

represents the qualitative core of each respective work.

SkillSummit Websites contained significant amounts of material that infringed SkillPaths

SkillSummit Websites and that there should be nothing that infringes.

37. Upon inspection of the SkillSummit Websites, SkillPaths representatives discovered

education and seminar services using the mark SKILLPATH.

Registration Number 1610824. That registration is now incontestable.

41 will be referenced collectively throughout this Complaint as the SkillPath Marks.

SkillPath Marks have, therefore, become famous.

"How to Become a Better Communicator," and "Fundamentals of Successful Project Management."

(the Title Marks).

46. The Title Marks have, therefore, acquired secondary meaning.

Internet, as well as by nationwide direct mailings.

letter (i.e., SkillSummit).

educational services in the nature of business seminars.

began using the SkillSummit mark.

Count I (Copyright Infringement, 17 U.S.C. 101, et seq.)

53. SkillPath incorporates the allegations of paragraphs 1-52 above.

55. Because SkillPath distributes nationally millions of its promotional materials,

the Registered Brochures.

SkillPaths exclusive rights to produce derivative works of the Registered Brochures.

60. SkillSummits acts are in violation of 15 U.S.C. 501.

61. SkillSummits activities were and are willful.

Defendants, ordering as follows:

$150,000 per Registered Brochure pursuant to 17 U.S.C. 504; and

action pursuant to 17 U.S.C. 505; and

any infringing articles in his possession, custody, or control; and

Count II (Federal Trademark Infringement, 15 U.S.C. 1051, et seq.)