Complaint Keep A Breast Foundation V Rhode Island Novelty

Case 3:11-cv-02936-H-WMC Document 1
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2.
This is an action in law and in equity for trademark infringement, dilution, injury
to business reputation, unfair competition, and deceptive trade practices arising under the Trademark Act of 1946, 15 U.S.C. 1051 et seq. (1994) (Lanham Act); the California antidilution statute, Business and Professions Code 14247 et seq.; the California unfair business practices statute, Business and Professions Code 17200 et seq., and the common law. 3. Defendants have offered products for sale that bear confusingly similar imitations
of the Plaintiffs registered I (HEART) BOOBIES! and HEART & BREASTS trademarks. Because Plaintiffs registered KEEP A BREAST Trademark is prominently displayed with its I (HEART) BOOBIES! logo, the Defendants conduct has infringed and diluted the KEEP A BREAST Trademark. Defendants products are not manufactured by, or under license by, Plaintiff. Defendants are not connected or affiliated with, or authorized by, Plaintiff in any way. Defendants merchandise is likely to cause confusion and to deceive consumers and the public regarding its source and dilutes and tarnishes the distinctive quality of Plaintiffs trademarks. 4. The goodwill and reputation for quality associated with the KEEP A BREAST,
HEART & BREASTS, and I (HEART) BOOBIES! trademarks (collectively hereinafter referred to as KAB Trademarks) are being threatened by Defendants actions. Defendants have used confusingly similar and identical marks (the Infringing Marks) to the KAB Trademarks, to sell competing goods to many of the same consumers served by Plaintiff. Unless Defendants are enjoined from using the Infringing Marks, such use will cause consumer confusion and will cause irreparable harm to Plaintiff. 5. Furthermore, in addition to adopting confusingly similar trademarks, the
Defendants have adopted the overall look and feel of products being sold bearing KAB Trademarks. This was, upon information and belief, done to confuse the consuming public into believing that the products being marketed and/or sold by the Defendants were actually associated with the KAB Trademarks and/or with the Plaintiff. 6. This action seeks injunctive relief, damages, the imposition of a constructive trust
and other appropriate relief arising from Defendants willful and wrongful acts of trademark infringement, trademark dilution, and unfair competition, among other claims.
Complaint; Demand for Jury Trial - 2
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PARTIES Plaintiff is, and at all relevant times was, a non-profit corporation organized and
existing under the law of California with its principal place of business in Carlsbad, California. Plaintiff is the owner of the KAB Trademarks for use in connection with apparel products, accessories, silicone bracelets, and education services, among other products and services. 8. On information and belief, Rhode Island Novelty, Inc. (RINCO) is a Rhode
Island Corporation with offices located in Cumberland, Rhode Island. 9. The true names and capacities, whether individual, corporate, associate, or
otherwise, of Defendant Does 1 through 25 inclusive (DOES), are at this time unknown to Plaintiff, who therefore identifies such Defendants by said fictitious names. Plaintiff is informed and believes and thereon alleges that said fictitiously named Defendants, and each of them, are responsible for the events and happenings herein referred to, and negligently, recklessly, and/or intentionally proximately caused the injuries and damages alleged herein to Plaintiff. 10. Plaintiff is informed and believes and thereon alleges that at all times relevant
hereto, that when referred to in the collective sense Defendants, that each Defendant was the agent, affiliate, officer, director, manager, principal, alter-ego, and/or employee of the remaining Defendants and was at all times acting within the scope of such agency, affiliation, alter-ego relationship, and/or employment. Plaintiff is informed and believes and thereon alleges that at all relevant times, each Defendant actively participated in or subsequently ratified or adopted, or both, each and all of the acts or conduct alleged, with full knowledge of all the facts and circumstances including, but not limited to, full knowledge of each and all of the violations of Plaintiffs rights and the damages to Plaintiff caused thereby. JURISDICTION This action arises under the Lanham Act, 15 U.S.C. 1051, et seq. This Court has subject matter jurisdiction pursuant to 15 U.S.C. 1121; and 28
U.S.C. 1331, 1338, and 1367. 13. Personal jurisdiction over the Defendants is based on the Defendants regular,
systematic, and continuous transaction of business in this jurisdiction, and/or intentionally

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infringing the Plaintiffs rights, thereby causing foreseeable injury, in this jurisdiction. KAB is informed and believes, and on that basis alleges that Defendants have actively marketed and advertised their products in California, including without limitation, attending trade shows in San Diego, and Defendants maintain plans to attend trade shows in San Diego in the future. KAB is informed and believes, and on that basis alleges, that Defendants have transacted and continue to transact substantial sales in California and have extensive California-based clientele. 14. Plaintiffs causes of action against Defendants arise directly out of Defendants
intentional infringement and commercial activities in the Southern District of California. VENUE 15. Venue is proper in this court under 28 U.S.C. 1391(b) because the wrongful
conduct complained of herein occurred within this judicial district in that Defendants purposefully engaged in and directed activities at this forum, including willfully infringing Plaintiffs trademark with knowledge that Plaintiffs principal place of business is in Southern California. 16. Defendants regularly market, advertise, sell, and ship competitive products to
consumers and businesses in the Southern District of California. FACTUAL BACKGROUND 17. Plaintiff, The Keep a Breast Foundation, Inc., (KAB) is a well-recognized non-
profit foundation organized in 2004 to raise breast cancer awareness and to promote its detection, prevention, and treatment. KABs mission is to help eradicate breast cancer by exposing young people to methods of prevention, early detection and support. Through art events, educational programs and fundraising efforts, [KAB] seeks to increase breast cancer awareness among young people so they are better equipped to make choices and develop habits that will benefit their long-term health and well-being. Keep a Breast Mission Statement; available at http://www.keep-a-breast.org/about/. 18. KABs story began more than ten years ago when Shaney Jo Darden and Mona
Mukherjea-Gehrig were deeply affected by a young friends breast cancer diagnosis. Ms. Darden and Ms. Mukherjea-Geherig recognized a need to increase breast cancer awareness
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among a generation that, due to its youth, had generally been ignored by traditional breast cancer awareness and prevention campaigns. Accordingly, they created KAB as a youth-based, breast cancer prevention, education and support organization. 19. KAB disseminates breast cancer-related educational materials through channels
frequently used by mainstream media in an effort to increase awareness among young people. These distribution channels include popular music festivals, art events, and popular retailers. The critical component of the KABs success is its ability to create and disseminate programming that resonates with young people. 20. KABs I LOVE BOOBIES! campaign has become its most successful to date.
KAB launched a line of I LOVE BOOBIES! and I (HEART) BOOBIES! - branded apparel and accessories in order to provide youths with a tool to engage in positive communication about breast cancer by removing the taboo. Every consumer of a product branded with the I LOVE BOOBIES! and I (HEART) BOOBIES! trademarks becomes an individual ambassador for KAB by raising awareness for the cause and further eroding the stigma traditionally associated with breast cancer. KABs silicone bracelets have become the single most successful item KAB sells (see below).
21.
In recognition of its ground-breaking approach in the fight against breast cancer,
KAB and its Executive Director, Shaney Jo Darden, have been honored with numerous awards. These awards include the MySpace Impact Award for Health and Safety, TNT networks Dramatic Difference Award, the Yoplait Champion Award, and the 2011 SIMA (Surf Industry Manufacturers Association) Humanitarian of the Year Award.
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22.
KAB owns federal trademark registrations for KEEP A BREAST (Reg. No.
3148275); the HEART & BREASTS design (Reg. No. 3870574); the I (HEART) BOOBIES! stylized trademarks (Reg. Nos. 4034885, 3940877, 3940876, 3940875, ); and additional applications for I LOVE BOOBIES, HEART & BREASTS, and I (HEART) BOOBIES! stylized designs (collectively referred to as KAB Trademarks). Exhibit A is as detailed summary of the KAB Trademarks. 23. The United States Patent and Trademark Office (USPTO) registered the KEEP
A BREAST Trademark on September 26, 2006 for use with educational services, namely, conducting seminars, art exhibitions, and workshops in the field of breast cancer awareness, causes, research and treatment; and entertainment services namely, live musical performances by a musical band. A true and correct copy of the Certificate of Registration for the KEEP A BREAST trademark is attached hereto as Exhibit B. 24. The USPTO registered the HEART & BREASTS Trademark on November 2,
2010 for use with educational services, namely, conducting seminars, art exhibitions, and workshops in the field of breast cancer awareness, causes, research and treatment; and entertainment services, namely, live musical performances to promote breast cancer awareness, causes, research and treatment. A true and correct copy of the Certificate of Registration for the HEART & BREASTS trademark is attached hereto as Exhibit C. 25. The USPTO registered the I (HEART) BOOBIES! Trademark on October 4,
2011 for use with Bracelets. A true and correct copy of the Certificate of Registration for the I (HEART) BOOBIES! trademark is attached hereto as Exhibit D. 26. The USPTO registered the I (HEART) BOOBIES! Trademark on January 18,
2011 for use with License plate frames. A true and correct copy of the Certificate of Registration for the I (HEART) BOOBIES! trademark is attached hereto as Exhibit E. 27. The USPTO registered the I (HEART) BOOBIES! Trademark on April 5, 2011
for use with Educational services, namely, conducting seminars, art exhibitions, and workshops in the field of breast cancer awareness, causes, research and treatment; and entertainment services, namely, live musical performances to promote breast cancer awareness, causes,
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research and treatment. A true and correct copy of the Certificate of Registration for the I (HEART) BOOBIES! trademark is attached hereto as Exhibit F. 28. The USPTO registered the I (HEART) BOOBIES! Trademark on April 5, 2011
for use with Charitable fundraising services. A true and correct copy of the Certificate of Registration for the I (HEART) BOOBIES! trademark is attached hereto as Exhibit G. 29. The USPTO registered the I (HEART) BOOBIES! Trademark on December 13,
2011 for use with Belts; Socks. A true and correct copy of the Certificate of Registration for the I (HEART) BOOBIES! trademark is attached hereto as Exhibit H. 30. The USPTO has issued notices of allowance (NOAs) for several of Plaintiffs I
(HEART) BOOBIES! and HEART & BREASTS applications. Being the final phase in the registration process, once the Plaintiff supplies the USPTO with formal statements affirming use in commerce, the applications will mature to registration. The NOAs are attached hereto as Exhibit I. 31. Goods bearing the KAB Trademarks are sold at retail locations throughout the
United States as well as through Plaintiffs web site. Advertisements displaying KAB Trademarks have appeared on popular television and cable channels, in popular national newspapers and magazines, and in a wide variety of alternative forms of media including without limitation websites, blogs, and social networking platforms. 32. Notwithstanding Plaintiffs established rights both in the registered and pending
KAB Trademarks, Defendants adopted and used the confusingly similar Infringing Marks. 33. On information and belief, Plaintiff hereon alleges that at least prior to October
12, 2011, Defendants were promoting, advertising, offering for sale and selling silicone bracelets bearing the slogan, I (HEART) BOOBIES. These products were promoted on the Defendants web site. 34. On information and belief, Plaintiff hereon alleges that at least prior to October 7,
2011, Defendants were promoting and advertising its goods and services using a design confusingly similar to Plaintiffs I (HEART) BOOBIES! trademark. ///
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35.
On October 7, 2011, via its general information e-mail, a member of the public
contacted Plaintiff, alerting KAB that RINCO was selling bracelets bearing Plaintiffs trademark. 36. On October 12, 2011, counsel for KAB, Gary Sirota, initiated a telephone call to
Defendants. Mr. Sirota spoke with a Jim Connor, of RINCO, and informed him that RINCOs activities; specifically, its sale of silicone bracelets bearing the confusing I (HEART) BOOBIES logo, infringed the KAB Trademarks. Mr. Sirota demanded that RINCO immediately cease its illegal activities, including making any reference to the Infringing Marks on RINCOs website. Mr. Sirota further required that RINCO provide an accounting such that the parties could resolve the infringement violations without resort to judicial intervention. During this same phone call, Mr. Connor agreed on behalf of RINCO, to immediately cease any infringing activities, delete any reference to the Infringing Marks on the RINCO website, to provide Mr. Sirota with an accounting reflecting infringing goods sold and those remaining in inventory, and to provide Mr. Sirota with information identifying the foreign manufacturer of the infringing goods. Mr. Connor also expressed RINCOs potential interest in procuring a license from KAB. That same day, Mr. Sirota sent two e-mails to Mr. Connor to confirm the contents of the foregoing conversation. 37. KAB is informed and believes, and on that basis alleges that at some point
between October 12, 2011 and October 24, 2011, RINCO deleted its online listing for goods bearing the Infringing Marks. However despite committing to cease and desist from further infringement, during this time period, RINCO continued to fulfill orders made for goods bearing the Infringing Marks. /// /// /// /// /// /// ///
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38.
On October 14, 2011, Michelle Wenner, KABs CFO, placed an order with
RINCO for silicone bracelets bearing the Infringing Marks. On or about October 24, 2011, Ms. Wenner received a package of twenty-four (24) bracelets bearing the Infringing Marks from RINCO (see below).
39.
On October 24, 2011, Mr. Sirota again contacted RINCO, informing Mr. Connor
via e-mail that KAB was in possession of evidence proving RINCO continued to sell infringing goods (Ms. Wenners purchase), and demanding the accounting to which Mr. Connor had previously committed. 40. On October 25, 2011, Mr. Connor replied on behalf of RINCO, claiming that he
had not received Mr. Sirotas confirming emails of October 12, 2011, and explained that Ms. Wenners purchase of goods bearing the Infringing Marks could have been the result of a lag in the system between removing the goods online and physical fulfillment. Mr. Connor noted that more information would be provided the following day. 41. On October 26, 2011, Mr. Connor informed Mr. Sirota that RINCO had 720 units
on order. Mr. Connor did not provide any additional details regarding RINCOs accounting or continued plans to abandon use of the Infringing Marks. 42. On October 27, 2011, Mr. Sirota informed Mr. Connor that the figure of 720 units
on order was insufficient to provide a proper accounting. This is because RINCOs infringing product was packaged in a canister with twenty-four (24) bracelets each. Mr. Connors statement of 720 units on order did not state whether it referred to 720 bracelets or 720 canisters (17,280 total). Accordingly, Mr. Connors statement did not provide Plaintiff with the
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accounting necessary to understand the extent of RINCOs infringement. Mr. Sirota requested a more detailed accounting, and informed Mr. Connor that RINCOs failure to do so would compel Plaintiff to file suit. 43. On or about October 29, 2011, Plaintiff was made aware that RINCOs infringing
goods were being resold at the Louisiana State Fair, in Shreveport, Louisiana. 44. On October 31, 2011, Mr. Sirota notified Mr. Connor that RINCOs infringing
goods continued to be discovered in the marketplace. Mr. Sirota provided Mr. Connor with a picture of RINCOs products on sale at the Louisiana State Fair. Mr. Sirota again informed RINCO that its failure to adequately respond and address Plaintiffs injuries would compel Plaintiff to file suit. 45. Since Mr. Connors October 27, 2011 e-mail, RINCO has not provided KAB or
its counsel any additional information regarding an accounting, or its efforts to redress Plaintiffs injuries. 46. On information and belief, Plaintiff thereon alleges that despite Defendants
repeated commitments to cease the sale of any infringing products, Defendants continued to sell infringing merchandise. 47. On information and belief, these activities and sales have caused actual confusion
in the marketplace. 48. On information and belief, Defendants have realized substantial profits from the
sale of the products bearing the Infringing Marks. FIRST CAUSE OF ACTION FEDERAL TRADEMARK INFRINGEMENT (15 U.S.C. 1114) AS AGAINST ALL DEFENDANTS 49. reference. 50. 51. Plaintiff is the owner of the KAB Trademarks. Plaintiffs KAB Trademarks have, through continuous and substantial use Plaintiff re-alleges the paragraphs set forth above and incorporates them here by
throughout the United States and elsewhere, become synonymous and associated with the KEEP
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A BREAST brand and Plaintiff. Those unregistered KAB Trademarks have developed secondary meaning over time, are valuable, and are the source of substantial goodwill in the marketplace. 52. Plaintiffs KAB Trademarks have become, through widespread and favorable
public acceptance and recognition, an asset of substantial value, associated with quality products and the trademark owners goodwill. The consuming public recognizes the KAB Trademarks and associates them with Plaintiff. 53. The registered KAB Trademarks are valid and inherently distinctive and have
developed secondary meaning as applied to goods and services that bear the said marks. 54. The unregistered KAB Trademarks are inherently distinctive, have developed
secondary meaning and will likely mature to valid registrations as applied to goods and services that bear the said marks. 55. Notwithstanding the Plaintiffs established rights in the KAB Trademarks,
Defendants adopted and used the confusingly similar Infringing Marksnamely I (HEART) BOOBIESin interstate commerce in connection with the sale and offering for sale of silicone bracelets together with marks confusingly similar to those owned by Plaintiff. 56. Plaintiffs use of the KAB Trademarks has priority of use over the Defendants
use of the Infringing Marks. 57. Defendants products are sold to similar consumers as those to whom Plaintiff
sells products bearing the KAB Trademarks. 58. Without consent, Defendants have used the Infringing Marks, together with marks
identical and confusingly similar to KAB Trademarks, in connection with the sale, offering for sale, distribution or advertising of its goods. 59. Defendants have engaged in their infringing activity despite having constructive
notice of federal registration rights under 15 U.S.C. 1072 and, upon information and belief, despite having actual knowledge of the Plaintiffs Trademarks. 60. Defendants actions have likely led and are likely to lead the public to conclude,
incorrectly, that its goods originate with or are authorized by Plaintiff, which will damage Plaintiff and the public.
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61.
Upon information and belief, Defendants have advertised and offered its goods
for sale using the Infringing Marks with the intention of misleading, deceiving, or confusing consumers as to the origin of its goods and of trading on the Plaintiffs reputation and goodwill. 62. Plaintiff has expressly and repeatedly requested that Defendants cease and desist
from the infringing conduct but Defendants have failed to comply. 63. Defendants unauthorized use of the Infringing Marks in interstate commerce as
described above constitutes trademark infringement under 15 U.S.C. 1114(a) and is likely to cause consumer confusion, mistake, or deception. 64. As a direct and proximate result of Defendants trademark infringement, Plaintiff
has suffered, and will continue to suffer, loss of income, revenues, and goodwill. Furthermore, Defendants have unfairly acquired, and will continue to unfairly acquire income, profits, and goodwill. 65. Defendants acts of infringement will cause further irreparable injury to Plaintiff
if Defendants are not restrained by this Court from further violation of Plaintiffs rights. Plaintiff has no adequate remedy at law. SECOND CAUSE OF ACTION FEDERAL TRADEMARK DILUTION (15 U.S.C 1125(c)) AS AGAINST ALL DEFENDANTS 66. reference. 67. As its second ground for relief, Plaintiff hereby alleges that Defendants have Plaintiff re-alleges the paragraphs set forth above and incorporates them here by
violated Section 43(c) of the Lanham Act, 15 U.S.C. 1125(c). 68. Plaintiffs KAB Trademarks have become distinctive and famous as a result of
many years of nationwide use and promotion by Plaintiff. 69. Defendants first use of the Infringing Marks occurred many years after the KAB
Trademarks had become famous. /// ///

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70.
Defendants unauthorized use of the Infringing Marks in interstate commerce in
the sale, advertising and promotion of its goods dilutes the distinctiveness, strength and value of the KAB Trademarks. 71. Defendants unauthorized use of Infringing Marks, as alleged herein, with
knowledge of Plaintiffs famous KAB Trademarks constitutes willful intent to cause dilution of the famous marks in violation of Section 43(c) of the Lanham Act, 15 U.S.C. 1125(c). 72. Without injunctive relief, Plaintiff has no means by which to control the
continuing dilution of its trademarks distinctiveness. Plaintiff has been and will continue to suffer irreparable injury for which no adequate remedy exists at law. THIRD CAUSE OF ACTION UNFAIR COMPETITION UNDER THE LANHAM ACT (15 U.S.C. 1125(a)) AS AGAINST ALL DEFENDANTS 73. reference. 74. Defendants unauthorized marketing and sale of products in interstate commerce Plaintiff re-alleges the paragraphs set forth above and incorporates them here by
using the Infringing Marks and marks confusingly similar to the KAB Trademarks, together with other product design elements, constitutes a use of a false designation of origin or false representation that wrongfully and falsely designates Defendants products as originating from or connected with Plaintiff, and constitutes the use of false descriptions or representations in interstate commerce. 75. 1125(a). 76. As a direct and proximate result of Defendants unfair competition, Plaintiff has Defendants actions constitute federal unfair competition and violate 15 U.S.C.
suffered and will continue to suffer loss of income, profits, and goodwill meanwhile Defendants have and will continue to unfairly acquire income, profits, and goodwill. 77. Defendants acts of unfair competition will cause further irreparable injury to
Plaintiff if Defendants are not restrained by this Court from further violation of Plaintiffs rights. Plaintiff has no adequate remedy at law.
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FOURTH CAUSE OF ACTION TRADEMARK DILUTION UNDER CALIFORNIA LAW AS AGAINST ALL DEFENDANTS Plaintiff re-alleges the paragraphs set forth above and incorporates them here by
Plaintiff hereby alleges Defendants have violated Californias anti-dilution law
under California Business & Professions Code 14247 et seq. 80. Plaintiffs KAB Trademarks have become distinctive and famous as a result of
many years of continuous and widespread use in California as a designation of the source of Plaintiffs goods and services. Association arising from the similarity between Defendants Infringing Marks and Plaintiffs famous KAB Trademarks is likely to impair the distinctiveness and harm the reputation of the KAB Trademarks. 81. Defendants first use of the Infringing Marks in California occurred many years
after the KAB Trademarks had become famous in California. 82. Defendants unauthorized use of the Infringing Marks in California in the sale,
advertising, and promotion of their goods dilutes the distinctiveness, strength and value of the KAB Trademarks. 83. Defendants unauthorized use of the Infringing Marks, as alleged herein, with
knowledge of Plaintiffs famous KAB Trademarks constitutes willful intent to cause dilution of the famous marks in violation of California Business and Professions Code 14247 et seq. 84. Without injunctive relief, Plaintiff has no means by which to control the
continuing dilution of its trademarks distinctiveness. Plaintiff has been and will continue to suffer irreparable injury for which no adequate remedy exists at law. FIFTH CAUSE OF ACTION CALIFORNIA UNFAIR COMPETITION VIOLATIONS AS AGAINST ALL DEFENDANTS Plaintiff re-alleges the paragraphs set forth above and incorporates them here by
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86.
Upon information and belief, Plaintiffs allege that the wrongful acts of the
Defendants and each of them constitute unfair competition under state law, including without limitation, California Business & Professions Code 17200 et seq. 87. Upon information and belief, Plaintiff alleges that Defendants intentional acts of
trademark infringement are unlawful, deceptive, and/or unfair business acts and/or practices that constitute unfair competition under California state law. 88. Defendants acts are likely to deceive the public in that it misleads the public into
thinking that there is an affiliation between Plaintiff and the Defendants, and/or that Plaintiff endorses the Defendants products and/or business practices. 89. As a direct, proximate, and foreseeable result of Defendants wrongful conduct, as
alleged above, numerous members of the public purchased products without realizing that products bearing the Infringing Marks were not affiliated with Plaintiff. 90. Plaintiff is entitled to relief, including full restitution and/or disgorgement of all
revenues, earnings, profits, compensation, and benefits that may have been obtained by Defendants as a result of such business acts or practices. 91. Plaintiff is informed and believes and thereon alleges that Defendants improper
and unlawful acts as alleged herein constitute unfair, deceptive, untrue, and misleading advertising. 92. By reason of the conduct alleged herein, Defendants are guilty of malice,
oppression, and willful disregard of the rights of Plaintiff. 93. Defendants unlawful, unfair, deceptive, and fraudulent business practices and
unfair, deceptive, untrue, and misleading advertising constitute despicable, outrageous, oppressive, and malicious conduct under California Civil Code 3294 and justify an award of exemplary and punitive damages against Defendants. 94. As a direct and proximate cause of Defendants wrongful conduct, Plaintiff has
sustained and will sustain injury to its business and property in an amount not yet precisely ascertainable, but which includes the loss of sales, diminution in value of its trademarks, and loss of reputation and goodwill.
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SIXTH CAUSE OF ACTION UNJUST ENRICHMENT AS AGAINST ALL DEFENDANTS Plaintiff re-alleges the paragraphs set forth above and incorporates them here by
By engaging in the conduct described in this Complaint, Defendants have been
unjustly enriched by their sale of apparel and accessories bearing marks identical to, or confusingly similar with, Plaintiffs KAB Trademarks, inducing consumers to purchase Defendants products. 97. As a proximate result of Defendants unlawful, fraudulent, and unfair conduct,
Defendants have obtained revenues by which they became unjustly enriched at Plaintiffs expense. Under the circumstances alleged herein, it would be unfair and inequitable for Defendants to retain any income, profits or goodwill they have unjustly obtained at the expense of Plaintiff. 98. Accordingly, Plaintiff seeks an order establishing Defendants as constructive
trustees of the profits that served to unjustly enrich them, together with interest during the period which Defendants have retained such funds, and requiring Defendants to disgorge those funds to Plaintiff. /// /// /// /// /// /// /// /// /// ///
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REQUEST FOR RELIEF WHEREFORE, Plaintiff requests this court: 1. 2. Enter judgment in favor of Plaintiff on all causes of action; Permanently enjoin and restrain Defendants and their officers, agents,
representatives, employees, attorneys, successors, assigns, affiliates and any persons in active concert or participation with any of them, from infringing the KAB Trademarks, including the I LOVE BOOBIES logo; the I (HEART) BOOBIES! Trademark; and the HEART & BRESTS Trademark; 3. Order Defendants to file with the Court and serve on Plaintiff, within thirty days
after issuance, an injunction a report in writing and under oath setting forth in detail the manner and form in which Defendants have complied with the injunction, pursuant to 15 U.S.C. 1116; 4. Order Defendants to account to Plaintiff for, and disgorge to Plaintiff, all profits
they have derived as a result of the unlawful acts complained of above; 5. Award Plaintiff actual damages sustained by Defendants trademark infringement,
trebled under 15 U.S.C. 1117, in an amount to be proved at trial; 6. Find this case to be exceptional and award Plaintiff its attorneys fees pursuant to
15 U.S.C. 1117; 7. Award Plaintiff additional actual damages and Defendants profits in an amount
to be proven at time of trial; 8. 9. 10. 11. Award Plaintiff additional punitive damages as authorized by law; Award Plaintiff costs and prejudgment interest on all damages; Award Plaintiff its attorneys fees; Award Plaintiff such other and further relief as the court deems appropriate; and
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12.
Order that Defendants are jointly and severally liable for all damages awarded.
Dated: December 16, 2011
COAST LAW GROUP, LLP
By:
s/ David A. Peck DAVID A. PECK, ESQ. Attorneys for Plaintiff THE KEEP A BREAST FOUNDATION Email: DPeck@CoastLawGroup.com
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: December 16, 2011
DEMAND FOR JURY TRIAL Plaintiff, The Keep a Breast Foundation hereby demands trial of this matter by jury.
COAST LAW GROUP, LLP
By:
s/ David A. Peck DAVID A. PECK, ESQ. Attorneys for Plaintiff THE KEEP A BREAST FOUNDATION Email: DPeck@CoastLawGroup.com
Case 3:11-cv-02936-H-WMC Document 1-2
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Exhibit A Detailed Summary of the KAB Trademarks.
Exhibit A - 1
Summary of Trademark Portfolio Mark Owner: Keep a Breast Foundation, Inc. Registered Marks Mark Serial Number Goods and Services Date Filed Status Reg. No.
85002400
HEART & BREASTS
Educational services, namely, conducting seminars, art exhibitions, and workshops in the field of breast cancer awareness, causes, research and treatment; and entertainment services, namely, live musical performances to promote breast cancer awareness, causes, research and treatment. Educational services, namely, conducting seminars, art exhibitions, and workshops in the field of breast cancer awareness, causes, research and treatment; and entertainment services namely, live musical performances by a musical band. License plate frames.
March 30, 2010
Registered November 2, 2010
3870574
KEEP A BREAST
78712642
September 14, 2005
Registered September 26, 2006
3148275
85108728 I (HEART) BOOBIES! 85255611 I (HEART) BOOBIES! 85108717 I (HEART) BOOBIES!
August 16, 2010
Registered April 5, 2011 Registered October 4, 2011 Registered April 5, 2011
3940877
Bracelets
March 2, 2011
4034885
Charitable fundraising services.
August 16, 2010
3940875
Keep a Breast Trademark Portfolio
85108727 I (HEART) BOOBIES!
Educational services, namely, conducting seminars, art exhibitions, and workshops in the field of breast cancer awareness, causes, research and treatment; and entertainment services, namely, live musical performances to promote breast cancer awareness, causes, research and treatment.
August 16, 2010
Registered April 5, 2011
3940876
885975287
Belts, Socks
August 16, 2010
Registered December 13, 2011
4072063
I (HEART) BOOBIES!
Allowed Marks Mark Serial Number Goods and Services Date Filed Status Reg. No.
85108721
Backpacks; Purses; Tote bags
August 16, 2010
I (HEART) BOOBIES!
Published for Opposition January 18, 2011 Notice of Allowance Issued March 15, 2011 Published for Opposition January 18, 2011 Notice of Allowance Issued March 15, 2011 Published for Opposition January 18, 2011 Notice of Allowance Issued March 15, 2011
N/A
(Based on Use in Commerce) Publications, namely, brochures, booklets, and teaching materials in the field of breast cancer awareness and prevention; Stickers; (Based on Intent to Use) Blank journals; Erasers; Magazines featuring breast cancer awareness and prevention; Pencils; Personal organizers.
August 16, 2010
N/A
Sunglasses
August 5, 2010
N/A
85002398
HEART & BREASTS
(Based on Use in Commerce) Footwear; Hats; Hooded sweat shirts; T-shirts; Tank tops; (Based on Intent to Use) Beanies; Belts; Caps; Coats; Dresses; Gloves; Jackets; Jerseys; Pajamas; Pants; Scarves; Shirts; Shorts; Skirts; Socks; Sun visors; Sweat pants; Sweaters; Swimsuits; Underwear; Wraps; Wristbands.
March 30, 2010
85002395
(Based on Use in Commerce) Tote bags; (Based on Intent to Use) All purpose sport bags; Backpacks; Book bags; Handbags; Luggage; Purses; Wallets.
March 30, 2010
HEART & BREASTS
85002391
(Based on Use in Commerce) Bracelets; Necklaces; (Based on Intent to Use) Earrings; Jewelry, namely, anklets; Rings; Watches.
March 30, 2010
HEART & BREASTS
Published for Opposition August 17, 2010 Notice of Allowance Issued October 12, 2010 Published for Opposition August 17, 2010 Notice of Allowance Issued October 12, 2010 Published for Opposition August 17, 2010 Notice of Allowance Issued October 12, 2010
N/A
N/A
N/A
Based on Use in Commerce) Bracelets; Earrings; Necklaces (Based on Intent to Use) Jewelry, namely, anklets; Rings; Watches. (Based on Use in Commerce) Book bags; Purses; Wallets (Based on Intent to Use) All purpose sport bags; Backpacks; Handbags; Luggage. (Based on Use in Commerce) Beanies; Caps; Dresses; Footwear; Hats; Hooded sweat shirts; Scarves; T-shirts; Tank tops; Wristbands (Based on Intent to Use) Belts; Coats; Gloves; Jackets; Jerseys; Pajamas; Pants; Shirts; Shorts; Skirts; Socks; Sun visors; Sweat pants; Sweaters; Swimsuits; Underwear; Wraps. Published for Opposition November 17, 2009 Notice of Allowance Issued February 9, 2010
KEEP A BREAST
77769453
June 26, 2009
N/A
85108764
(Based on Use in Commerce) Hats; Hooded sweat shirts; T-shirts; (Based on Intent to Use) Bandanas; Bras; Jackets; Scarves; Shoes; Sweatbands; Underwear.
August 16, 2010
I (HEART)BOOBIES!
Published for Opposition February 15, 2011 Notice of Allowance Issued April 12, 2011
N/A
85108752
(Based on Use in Commerce) Bracelets; Key chains as jewelry; Necklaces; (Based on Intent to Use) Watches
August 16, 2010
Published January 18, 2011 Notice of Allowance Issued March 15, 2011
N/A
I (HEART) BOOBIES
Pending Marks Mark Serial Number 85212335 85212317 Goods and Services Bandanas; Belts; Bras; Hats; Hooded sweatshirts; Jackets; Scarves; Shoes; Socks; Sweatbands; T-shirts; Underwear. Bracelets Date Filed Status Reg. No.
I LOVE BOOBIES I LOVE BOOBIES
January 6, 2011 January 6, 2011
Under Examination Under Examination
N/A N/A
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Exhibit B USPTO Registration Certificate KEEP A BREAST International Class 41
Exhibit B - 1
Filed 12/16/11 Page 10 of 41
Filed 12/16/11 Page 11 of 41
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Exhibit C USPTO Registration Certificate HEART & BREASTS International Class 41
Exhibit C - 1
Filed 12/16/11 Page 12 of 41
Filed 12/16/11 Page 13 of 41
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Exhibit D USPTO Registration Certificate I (HEART) BOOBIES! International Class 14
Exhibit D - 1
Filed 12/16/11 Page 14 of 41
Filed 12/16/11 Page 15 of 41
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Exhibit E USPTO Registration Certificate I (HEART) BOOBIES! International Class 12
Exhibit E - 1
Filed 12/16/11 Page 16 of 41
Filed 12/16/11 Page 17 of 41
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Exhibit F USPTO Registration Certificate I (HEART) BOOBIES! International Class 41
Exhibit F - 1
Filed 12/16/11 Page 18 of 41
Filed 12/16/11 Page 19 of 41
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Exhibit G USPTO Registration Certificate I (HEART) BOOBIES! International Class 36
Exhibit G - 1
Filed 12/16/11 Page 20 of 41
Filed 12/16/11 Page 21 of 41
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Exhibit H USPTO Registration Certificate I (HEART) BOOBIES! International Class 25
Exhibit H - 1
Filed 12/16/11 Page 22 of 41
Filed 12/16/11 Page 23 of 41
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Exhibit I USPTO Notices of Allowance (NOAs)
Exhibit I - 1
Filed 12/16/11 Page 24 of 41
From: Sent: To: Subject:
TMOfficialNotices@USPTO.GOV Tuesday, March 15, 2011 00:10 AM victoria@vnewlandlaw.com Trademark Serial Number 85108721: Official USPTO Notice of Allowance
NOTICE OF ALLOWANCE (NOA) ISSUE DATE: Mar 15, 2011

Serial Number: 85-108,721 Mark: I BOOBIES!(STYLIZED/DESIGN) Attorney Reference Number: No opposition was filed for this published application. The issue date of this NOA establishes the due date for the filing of a Statement of Use (SOU) or a Request for Extension of Time to file a Statement of Use (Extension Request). WARNING: An SOU that meets all legal requirements must be filed before a registration certificate can issue. Please read below for important information regarding the applicant's pending six (6) month deadline. SIX (6)-MONTH DEADLINE: Applicant has six (6) MONTHS from the NOA issue date to file either: - An SOU, if the applicant is using the mark in commerce (required even if the applicant was using the mark at the time of filing the application, if use basis was not specified originally); OR - An Extension Request, if the applicant is not yet using the mark in commerce. If an Extension Request is filed, a new request must be filed every six (6) months until the SOU is filed. The applicant may file a total of five (5) extension requests. WARNING: An SOU may not be filed more than thirty-six (36) months from when the NOA issued. The deadline for filing is always calculated from the issue date of the NOA. How to file SOU and/or Extension Request: Use the Trademark Electronic Application System (TEAS). Do NOT reply to this e-mail, as e-mailed filings will NOT be processed. Both the SOU and Extension Request have many legal requirements, including fees and verified statements; therefore, please use the USPTO forms available online at http://www.uspto.gov/teas/index.html (under the "INTENT-TO-USE (ITU) FORMS" category) to avoid the possible omission of required information. If you have questions about this notice, please contact the Trademark Assistance Center at 1-800-786-9199. For information on how to (1) divide an application; (2) delete goods/services (or entire class) with a Section 1(b) basis; or (3) change filing basis, see http://www.uspto.gov/trademarks/basics/MoreInfo_SOU_EXT.jsp. FAILURE TO FILE A REQUIRED DOCUMENT OUTLINED ABOVE DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF THIS APPLICATION.
REVIEW APPLICATION INFORMATION FOR ACCURACY

If you believe this NOA should not have issued or correction of the information shown below is needed, you must submit a request to the Intent-to-Use Unit. Please use the "Post-Publication Amendment" form under the "POST-PUBLICATION/POST
Filed 12/16/11 Page 25 of 41
NOTICE OF ALLOWANCE (NOA) FORMS" category, available at http://www.uspto.gov/teas/index.html. Do NOT reply to this e-mail, as e-mailed filings will NOT be processed. Serial Number: Mark: Attorney Reference Number: Owner: 85-108,721 I BOOBIES!(STYLIZED/DESIGN) The Keep A Breast Foundation 2251 Las Palmas Dr. Carlsbad , CALIFORNIA 92011 VICTORIA NEWLAND LAW OFFICES OF VICTORIA NEWLAND, APC 3460 MARRON RD STE 103-356 OCEANSIDE, CA 92056-4675
Correspondence Address:
This application has the following bases, but not necessarily for all listed goods/services: Section 1(a): NO Section 1(b): YES Section 44(e): NO
GOODS/SERVICES BY INTERNATIONAL CLASS

018 Backpacks; Purses; Tote bags -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED.
Fraudulent statements may result in registration being cancelled: Applicants must ensure that statements made in filings to the USPTO are accurate, as inaccuracies may result in the cancellation of any issued trademark registration. The lack of a bona fide intention to use the mark with ALL goods and/or services listed in an application or the lack of actual use on all goods and/or services for which use is claimed could jeopardize the validity of the registration, possibly resulting in its cancellation. Additional information: For information on filing and maintenance requirements for U.S. trademark applications and registrations and required fees, please consult the USPTO website at www.uspto.gov or call the Trademark Assistance Center at 1-800-786-9199. Checking status: To check the status of an application, go to http://tarr.uspto.gov. Please check the status of any application at least every three (3) months after the application filing date.
Filed 12/16/11 Page 26 of 41


Filed 12/16/11 Page 27 of 41
This application has the following bases, but not necessarily for all listed goods/services: Section 1(a): YES Section 1(b): YES Section 44(e): NO

016 (Based on Use in Commerce) Publications, namely, brochures, booklets, and teaching materials in the field of breast cancer awareness and prevention; Stickers; (Based on Intent to Use) Blank journals; Erasers; Magazines featuring breast cancer awareness and prevention; Pencils; Personal organizers -- FIRST USE DATE: 06-30-2007 -- USE IN COMMERCE DATE: 06-30-2007
Filed 12/16/11 Page 28 of 41


Filed 12/16/11 Page 29 of 41
This application has the following bases, but not necessarily for all listed goods/services: Section 1(a): NO Section 1(b): YES Section 44(e): NO

009 sunglasses -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
Filed 12/16/11 Page 30 of 41
TMOfficialNotices@USPTO.GOV Tuesday, October 12, 2010 00:10 AM victoria@vnewlandlaw.com Trademark Serial Number 85002398: Official USPTO Notice of Allowance
NOTICE OF ALLOWANCE (NOA) ISSUE DATE: Oct 12, 2010

Serial Number: 85-002,398 Mark: Miscellaneous Design Attorney Reference Number: No opposition was filed for this published application. The issue date of this NOA establishes the due date for the filing of a Statement of Use (SOU) or a Request for Extension of Time to file a Statement of Use (Extension Request). WARNING: An SOU that meets all legal requirements must be filed before a registration certificate can issue. Please read below for important information regarding the applicant's pending six (6) month deadline. SIX (6)-MONTH DEADLINE: Applicant has six (6) MONTHS from the NOA issue date to file either: - An SOU, if the applicant is using the mark in commerce (required even if the applicant was using the mark at the time of filing the application, if use basis was not specified originally); OR - An Extension Request, if the applicant is not yet using the mark in commerce. If an Extension Request is filed, a new request must be filed every six (6) months until the SOU is filed. The applicant may file a total of five (5) extension requests. WARNING: An SOU may not be filed more than thirty-six (36) months from when the NOA issued. The deadline for filing is always calculated from the issue date of the NOA. How to file SOU and/or Extension Request: Use the Trademark Electronic Application System (TEAS). Do NOT reply to this e-mail, as e-mailed filings will NOT be processed. Both the SOU and Extension Request have many legal requirements, including fees and verified statements; therefore, please use the USPTO forms available online at http://www.uspto.gov/teas/index.html (under the "INTENT-TO-USE (ITU) FORMS" category) to avoid the possible omission of required information. If you have questions about this notice, please contact the Trademark Assistance Center at 1-800-786-9199. For information on how to (1) divide an application; (2) delete goods/services (or entire class) with a Section 1(b) basis; or (3) change filing basis, see http://www.uspto.gov/trademarks/basics/MoreInfo_SOU_EXT.jsp. FAILURE TO FILE A REQUIRED DOCUMENT OUTLINED ABOVE DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF THIS APPLICATION.

Filed 12/16/11 Page 31 of 41
NOTICE OF ALLOWANCE (NOA) FORMS" category, available at http://www.uspto.gov/teas/index.html. Do NOT reply to this e-mail, as e-mailed filings will NOT be processed. Serial Number: Mark: Attorney Reference Number: Owner: 85-002,398 Miscellaneous Design Keep A Breast Foundation 2251 Las Palmas Dr. Carlsbad , CALIFORNIA 92011 VICTORIA NEWLAND LAW OFFICES OF VICTORIA NEWLAND, APC 3460 MARRON RD STE 103-356 OCEANSIDE, CA 92056-4675

025 (Based on Use in Commerce) Footwear; Hats; Hooded sweat shirts; T-shirts; Tank tops; (Based on Intent to Use) Beanies; Belts; Caps; Coats; Dresses; Gloves; Jackets; Jerseys; Pajamas; Pants; Scarves; Shirts; Shorts; Skirts; Socks; Sun visors; Sweat pants; Sweaters; Swimsuits; Underwear; Wraps; Wristbands -- FIRST USE DATE: 06-302008 -- USE IN COMMERCE DATE: 06-30-2008
Filed 12/16/11 Page 32 of 41


Filed 12/16/11 Page 33 of 41

018 (Based on Use in Commerce) Tote bags; (Based on Intent to Use) All purpose sport bags; Backpacks; Book bags; Handbags; Luggage; Purses; Wallets -- FIRST USE DATE: 06-30-2008 -- USE IN COMMERCE DATE: 06-30-2008
Filed 12/16/11 Page 34 of 41


Filed 12/16/11 Page 35 of 41

014 (Based on Use in Commerce) Bracelets; Necklaces; (Based on Intent to Use) Earrings; Jewelry, namely, anklets; Rings; Watches -- FIRST USE DATE: 06-30-2008 -- USE IN COMMERCE DATE: 06-30-2008
Filed 12/16/11 Page 36 of 41
U.S. Patent and Trademark Office (USPTO)
NOTICE OF ALLOWANCE
NOTE: If any data on this notice is incorrect, please fax a request for correction to the Intent to Use Unit at 571-273-9550. Please include the serial number of your application on ALL correspondence with the USPTO.
ISSUE DATE: Feb 9, 2010
VICTORIA NEWLAND LAW OFFICES OF VICTORIA NEWLAND, APC 3460 MARRON RD STE 103-356 OCEANSIDE, CA 92056-4675
** IMPORTANT INFORMATION: 6 MONTH DEADLINE **

You filed the trademark application identified below based upon a bona fide intention to use the mark in commerce. You must use the mark in commerce and file a Statement of Use (a.k.a. Allegation of Use) before the USPTO will register the mark. You have six (6) MONTHS from the ISSUE DATE of this Notice of Allowance (NOA) to file either a Statement of Use, or if you are not yet using the mark in commerce, a Request for Extension of Time to File a Statement of Use ("Extension Request"). If you file an extension request, you must continue to file a new request every six months calculated from the issue date of the NOA until the Statement of Use is filed. Applicant may file a total of five (5) extension requests. FAILURE TO FILE A REQUIRED DOCUMENT DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF YOUR APPLICATION.Please note that both the "Statement of Use " and
"Extension Request" have many legal requirements including fees. Therefore, we encourage use of the USPTO forms, available online at http://www.uspto.gov/teas/index.html (under "INTENT-TOUSE (ITU) FORMS"), to avoid the possible omission of important information. Please note that the Trademark Electronic Application System (TEAS) provides line-by-line help instructions for completing the Extension Request or Statement of Use forms online. If you do not have access to the Internet, you may call 1-800-786-9199 to request the printed form(s). ** Registration Subject to Cancellation for Fraudulent Statements ** Ensure that statements made in filings to the USPTO are accurate, as inaccuracies may result in the cancellation of your trademark registration. The lack of a bona fide intention to use the mark with all goods and/or services included in an application or the lack of use on all goods and/or services for which you claimed use could jeopardize the validity of your registration, possibly resulting in its cancellation.
The following information should be reviewed for accuracy:

SERIAL NUMBER: 77/769453
Filed 12/16/11 Page 37 of 41
MARK: OWNER:
KEEP A BREAST (STANDARD CHARACTER MARK) Keep A Breast Foundation, The 2251 Las Palmas Drive Carlsbad , CALIFORNIA 92009

014 (Based on Use in Commerce) Bracelets; Earrings; Necklaces (Based on Intent to Use) Jewelry, namely, anklets; Rings; Watches -- FIRST USE DATE: 02-28-2008; -- USE IN COMMERCE DATE: 02-28-2008 (Based on Use in Commerce) Book bags; Purses; Wallets (Based on Intent to Use) All purpose sport bags; Backpacks; Handbags; Luggage -- FIRST USE DATE: 06-30-2006; -- USE IN COMMERCE DATE: 06-30-2006 (Based on Use in Commerce) Beanies; Caps; Dresses; Footwear; Hats; Hooded sweat shirts; Scarves; T-shirts; Tank tops; Wristbands (Based on Intent to Use) Belts; Coats; Gloves; Jackets; Jerseys; Pajamas; Pants; Shirts; Shorts; Skirts; Socks; Sun visors; Sweat pants; Sweaters; Swimsuits; Underwear; Wraps -- FIRST USE DATE: 1031-2001; -- USE IN COMMERCE DATE: 10-31-2001
018 -
025 -
ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED
ADDITIONAL INFORMATION MAY BE PRESENT IN THE USPTO RECORDS
Filed 12/16/11 Page 38 of 41
TMOfficialNotices@USPTO.GOV Tuesday, April 12, 2011 00:07 AM victoria@vnewlandlaw.com Trademark Serial Number 85108764: Official USPTO Notice of Allowance
NOTICE OF ALLOWANCE (NOA) ISSUE DATE: Apr 12, 2011
If you believe this NOA should not have issued or correction of the information shown below is needed, you must submit a request to the Intent-to-Use Unit. Please use the "Post-Publication Amendment" form under the "POST-PUBLICATION/POST NOTICE OF ALLOWANCE (NOA) FORMS" category, available at http://www.uspto.gov/teas/index.html. Do NOT reply to this e-mail, as e-mailed filings will NOT be processed.

Serial Number: Mark: Attorney Reference Number: Owner:
Filed 12/16/11 Page 39 of 41
85-108,764 I BOOBIES!(STYLIZED/DESIGN) The Keep A Breast Foundation 2251 Las Palmas Dr Carlsbad , CALIFORNIA 92011 VICTORIA NEWLAND LAW OFFICES OF VICTORIA NEWLAND, APC 3460 MARRON RD STE 103-356 OCEANSIDE, CA 92056-4675
025 -
(Based on Use in Commerce) Hats; Hooded sweat shirts; T-shirts; (Based on Intent to Use) Bandanas; Belts; Bras; Jackets; Scarves; Shoes; Socks; Sweatbands; Underwear -- FIRST USE DATE: 06-30-2008 -- USE IN COMMERCE DATE: 06-30-2008
Filed 12/16/11 Page 40 of 41


Filed 12/16/11 Page 41 of 41
NOTICE OF ALLOWANCE (NOA) FORMS" category, available at http://www.uspto.gov/teas/index.html. Do NOT reply to this e-mail, as e-mailed filings will NOT be processed. Serial Number: Mark: Attorney Reference Number: Owner: 85-108,752 I BOOBIES!(STYLIZED/DESIGN) The Keep A Breast Foundation 2251 Las Palmas Dr Carlsbad , CALIFORNIA 92011 VICTORIA NEWLAND LAW OFFICES OF VICTORIA NEWLAND, APC 3460 MARRON RD STE 103-356 OCEANSIDE, CA 92056-4675

014 (Based on Use in Commerce) Bracelets; Key chains as jewelry; Necklaces; (Based on Intent to Use) Watches -FIRST USE DATE: 06-30-2008 -- USE IN COMMERCE DATE: 06-30-2008

Complaint Keep A Breast Foundation V Rhode Island Novelty

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Case 3:11-cv-02936-H-WMC Document 1

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systematic, and continuous transaction of business in this jurisdiction, and/or intentionally

Case 3:11-cv-02936-H-WMC Document 1

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Case 3:11-cv-02936-H-WMC Document 1

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In recognition of its ground-breaking approach in the fight against breast cancer,

Case 3:11-cv-02936-H-WMC Document 1

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Case 3:11-cv-02936-H-WMC Document 1

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Case 3:11-cv-02936-H-WMC Document 1

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Case 3:11-cv-02936-H-WMC Document 1

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Case 3:11-cv-02936-H-WMC Document 1

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Case 3:11-cv-02936-H-WMC Document 1

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Trademarks had become famous. /// ///

Case 3:11-cv-02936-H-WMC Document 1

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Defendants unauthorized use of the Infringing Marks in interstate commerce in

Case 3:11-cv-02936-H-WMC Document 1

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 85. reference. 78. reference. 79.

Plaintiff hereby alleges Defendants have violated Californias anti-dilution law

Complaint; Demand for Jury Trial - 14

Case 3:11-cv-02936-H-WMC Document 1

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Case 3:11-cv-02936-H-WMC Document 1

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 95. reference. 96.

By engaging in the conduct described in this Complaint, Defendants have been

Case 3:11-cv-02936-H-WMC Document 1

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// /// /// ///

Complaint; Demand for Jury Trial - 17

Case 3:11-cv-02936-H-WMC Document 1

Filed 12/16/11 Page 18 of 19

Dated: December 16, 2011

COAST LAW GROUP, LLP

Complaint; Demand for Jury Trial - 18

Case 3:11-cv-02936-H-WMC Document 1

Filed 12/16/11 Page 19 of 19

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: December 16, 2011

COAST LAW GROUP, LLP

Complaint; Demand for Jury Trial - 19

Case 3:11-cv-02936-H-WMC Document 1-2

Filed 12/16/11 Page 1 of 41

Exhibit A Detailed Summary of the KAB Trademarks.

Case 3:11-cv-02936-H-WMC Document 1-2

Filed 12/16/11 Page 2 of 41

HEART & BREASTS

March 30, 2010