MGM trademark case

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Michael J. McCue Nevada Bar No. 6055 [email protected] Jonathan W. Fountain Nevada Bar No. 10351 [email protected] Meng Zhong Nevada Bar No. 12145 [email protected] LEWIS ROCA ROTHGERBER LLP 3993 Howard Hughes Parkway Suite 600 Las Vegas, NV 89169-5996 702.949.8200 (tel.) 702.949-8398 (fax) Attorneys for Plaintiff MGM Resorts International

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

MGM RESORTS INTERNATIONAL, a Delaware corporation, Plaintiff, vs. M LIFE, INC., a Nevada corporation; MLIFE WELLNESS, LLC, a Nevada limited liability company; MLIFE NEVADA, LLC, a Nevada limited liability company; DANIEL LUTZ, an individual; and DARVIN GOMEZ, an individual, Defendants.

Case No.: 2:14-cv-01510 COMPLAINT

For its Complaint, Plaintiff MGM Resorts International (Plaintiff and/or MGM)

alleges the following:

NATURE OF THE ACTION

1. This is an action by MGM for trademark dilution, unfair competition and

cybersquatting arising out of Defendants unauthorized and unlawful use in commerce of MGMs

federally registered M LIFE trademarks in connection with Defendants operation of a medical

marijuana business and related website, mlifewellness.com. In this action, MGM seeks injunctive

Case 2:14-cv-01510-JAD-CWH Document 1 Filed 09/17/14 Page 1 of 11

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relief, damages, attorneys fees and costs.

JURISDICTION

2. This Court has original subject matter jurisdiction over this action pursuant to 28

U.S.C. 1331 and 1338, because MGMs claims arise under the federal trademark laws. This

Court has supplemental jurisdiction over MGMs state and common law claims under 28 U.S.C.

1367, because those claims are related to claims under this Court's original jurisdiction and form

part of the same case or controversy under Article III of the United States Constitution.

3. This Court has personal jurisdiction over the Defendants because they are all

located and domiciled in the State of Nevada and the exercise of personal jurisdiction over the

Defendants is reasonable.

4. Venue is proper pursuant to 28 U.S.C. 1391(b), because jurisdiction is not

founded solely on diversity of citizenship and a substantial part of the events or omissions giving

rise to MGMs claims occurred, or a substantial part of property that is the subject of this action, is

situated in this judicial district.

PARTIES

5. Plaintiff MGM Resorts International (defined above as MGM) is a publicly

traded Delaware corporation whose principal place of business is located in Las Vegas, Nevada.

6. Defendant M Life, Inc. is a Nevada corporation whose principal place of business is

located in Clark County, Nevada.

7. Defendant MLife Wellness, LLC (MLife Wellness) is a Nevada limited liability

company whose principal place of business is located in Clark County, Nevada.

8. Defendant MLife Nevada, LLC (MLife Nevada) is a Nevada limited liability

company whose principal place of business is located in Clark County, Nevada. Upon information

and belief, MLife Nevada is the managing member of MLife Wellness.

9. Defendant Daniel Lutz (Lutz) is an individual who resides in Clark County,

Nevada. Upon information and belief, Lutz is a managing member and officer of MLife Nevada.

10. Defendant Darvin Gomez (Gomez) is an individual who resides in Clark County,

Nevada. Upon information and belief, Gomez is a managing member and officer of MLife


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Nevada.

ALLEGATIONS COMMON TO ALL CLAIMS

11. MGM is one of the worlds leading global hospitality companies, operating a

portfolio of destination resort brands, including Bellagio, MGM Grand, Mandalay Bay and The

Mirage, among others.

12. M life is MGM Resorts Internationals guest rewards program that gives members

the power to earn rewards for the amount they spend at fifteen of MGMs properties: Aria, Beau

Rivage, Bellagio, Delano Las Vegas, Excalibur, Gold Strike Tunica, Luxor, Mandalay Bay, MGM

Grand, The Mirage, Monte Carlo, New York-New York, The Signature at MGM Grand, MGM

Grand Detroit, and Vdara. Rewards include, among other things, discounts, comps, upgrades,

exclusive special offers, invitations to members only events, presale access to concert and show

tickets, and M life Moments: signature experiences such as choosing the music for the dancing

fountains at the Bellagio, getting a private cooking lesson with a world-renowned chef, or

swimming with the dolphins at the Mirage.

13. MGM launched the M life program in January 2010. Since that time, MGM has

spent tens of millions of dollars to advertise and promote the M life program in a variety of media,

including, on the internet and through billboards, print ads, television ads, radio ads, brochures,

magazines, social media, and on property advertising. MGM also markets the M life program

through certain dedicated means, including the M life website located (at http://www.mlife.com);

M life TV, the exclusive in-room channel at MGMs resorts; the MLifeTV YouTube channel;

M life magazine; and social media including the M life Facebook page, the M life Twitter feed

where members can share their favorite Las Vegas moments using #LivetheMlife, and the M life

mobile smartphone application that allows members to manage their M life account.

14. Upon information and belief, tens of millions of consumers have been exposed to

M life marketing. The M life program has numerous members who have earned and received

rewards through the M life guest rewards program.

15. MGM owns several federal trademark registrations for the M life mark and related

trademarks on the Principal Register of the United States Patent and Trademark Office (USPTO)


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including:

Mark Reg. No. Class/Goods & Services M LIFE 4092023 43: Hotel and restaurant services for

preferred customers M LIFE TV 4172398 38: Broadcasting of video programming in

the fields of entertainment, casinos and general interest via the internet and in-room television

M LIFE TV 4172400 41: Entertainment and educational services, namely, an on-going series in the fields of entertainment, casinos and general interest provided through webcasts and in-room television programming

M LIFE 4023626 41: Casinos; Providing casino services featuring a casino players rewards program

M LIFE 4023627 35: Customer loyalty services, namely, customer loyalty programs featuring loyalty coupons and loyalty points that provide casino benefit to reward repeat customers

M LIFE CURATED

LIVING

4495112 35: Customer services in the field of residential real estate

(Collectively, with MGMs common law rights, the M LIFE Marks.) MGMs federal trademark

registrations for the M LIFE Marks are valid and subsisting, and have not been abandoned,

cancelled, or revoked.

16. Based on the widespread recognition of the M LIFE Marks, in Las Vegas, Nevada,

and throughout the United States and based on other relevant factors, the M LIFE trademarks have

become famous in the State of Nevada and throughout the United States.

17. Based on its rights in the famous M LIFE Marks, MGM has the right to stop others

from using the same or similar marks for related goods and services and even for unrelated goods

and services.

The Defendants Unlawful Conduct

18. Defendants recently began using the MLIFE mark in commerce to advertise and

promote a medical marijuana dispensary and medical marijuana education and consulting services

under the business name MLife Wellness at 2800 S. Highland Drive, Las Vegas, Nevada.

19. Defendants formed their corporate entities in July 2014 and registered their domain


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name domain name with GoDaddy.com, Inc. (GoDaddy) on July 16,

2014.

20. Defendants began using the MLIFE mark long after MGM adopted and registered

the M LIFE Marks and after they became famous.

21. Defendants use of the MLIFE mark is likely to dilute the distinctiveness of the

M LIFE Marks through blurring and tarnishment.

22. MGMs counsel has sent a cease and desist letter to MLife Wellness and Lutz

demanding that they immediately cease and desist from any and all use of the M LIFE trademarks

and provide a written response to Plaintiffs counsel by September 12, 2014. Defendants

responded but did not agree to cease and desist from their use of the MLIFE mark.

COUNT I (Trademark Dilution under

the Lanham Act, 15 U.S.C. 1125(c))

23. MGM incorporates the allegations in the preceding paragraphs as if fully set forth

herein.

24. The M LIFE Marks have become famous in the United States within the meaning

of the Federal Trademark Dilution Act as amended, inasmuch as:

a. The M LIFE Marks are suggestive of the high quality goods and services

provided by MGM at its resort properties and, therefore, the M LIFE Marks are inherently

distinctive. In addition, the degree of acquired distinctiveness consumers associate with the

M LIFE Marks is high given the millions of dollars MGM has spent to advertise and promote its

M life guest rewards program;

b. MGM has continuously used the M LIFE Marks in connection with its guest

rewards program since January 2010;

c. MGM has extensively and continuously advertised and promoted its M life

guest rewards program using the M LIFE Marks within the State of Nevada and throughout the

United States since January 2010. It has advertised its M life guest rewards program at its 12

resort properties located in Nevada. It has advertised on billboards, nationally on the mlife.com

website, nationally and locally in magazines, and nationally and locally in television and radio ads


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disseminated throughout the United States and the State of Nevada;

d. MGM has used the M LIFE Marks to advertise and promote its M life guest

rewards program nationally, through print advertisements appearing in magazines and other

publications distributed nationally, through the mlife.com website, and through the M life mobile

smartphone application;

e. MGM has used the M LIFE Marks at both its brick-and-mortar resort

properties, the mlife.com website, and through the M life mobile smartphone application;

f. The degree of recognition of the M LIFE Marks is extremely high among

consumers nationally as well as consumers located in the State of Nevada, where MGM owns and

operates 12 major resort hotel-casinos. In contrast, medical marijuana is a fledgling business

concept in the State of Nevada and consumers are not likely to have a high degree of recognition

of Defendants MLife mark;

g. Like MGM, the Defendants are using their confusingly similar MLife mark

on an Internet website, mlifewellness.com, and at a physical location in Clark County, Nevada;

and

h. The M LIFE Marks are registered on the Principal Register of the United

States Patent and Trademark Office.

25. Defendants use of the MLIFE mark constitutes dilution by tarnishment.

Defendants have created an association in the mind of the consuming public between MGMs

M LIFE Marks and Defendants marijuana business arising from the similarity between the

MLIFE mark and the M LIFE Marks. This association has and is likely to continue to harm the

reputation of MGMs famous M LIFE Marks.

26. The Defendants began using the MLIFE mark after the M LIFE Marks became

famous.

27. The Defendants use of the MLIFE mark is likely to dilute the distinctiveness of

MGMs M LIFE Marks within the meaning of the Federal Trademark Dilution Act.

28. As a direct and proximate result of Defendants conduct, MGM has suffered, and

will continue to suffer, irreparable injury and damages in an amount to be determined at trial.


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COUNT II

(Trademark Dilution under N.R.S. 600.435)


herein.

30. The M LIFE Marks are Marks as defined by N.R.S. 600.260.

31. The M LIFE Marks have become famous in the State of Nevada within the meaning

of N.R.S. 600.435, inasmuch as:

a. The M LIFE Marks are suggestive of the high quality goods and services

provided by MGM at its resort properties and, therefore, the M LIFE Marks are inherently

distinctive. In addition, the degree of acquired distinctiveness consumers associate with the

M LIFE Marks is high given the millions of dollars MGM has spent to advertise and promote its

M life guest rewards program;

b. MGM has continuously used the M LIFE Marks in connection with its guest

rewards program since January 2010;

c. MGM has extensively and continuously advertised and promoted its M life

guest rewards program using the M LIFE Marks within the State of Nevada and throughout the

United States since January 2010. It has advertised its M life guest rewards program at its 12

resort properties located in Nevada. It has advertised on billboards, nationally on the mlife.com

website, nationally and locally in magazines, and nationally and locally in television and radio ads

disseminated throughout the United States and the State of Nevada;

d. MGM has used the M LIFE Marks to advertise and promote its M life guest

rewards program nationally, through print advertisements appearing in magazines and other

publications distributed nationally, through the mlife.com website, and through the M life mobile

smartphone application;

e. MGM has used the M LIFE Marks at both its brick-and-mortar resort

properties, the mlife.com website, and through the M life mobile smartphone application;

f. The degree of recognition of the M LIFE Marks is extremely high among

consumers nationally as well as consumers located in the State of Nevada, where MGM owns and


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operates 12 major resort hotel-casinos. In contrast, medical marijuana is a fledgling business

concept in the State of Nevada and consumers are not likely to have a high degree of recognition

of Defendants MLife mark;

g. Like MGM, the Defendants are using their confusingly similar MLife mark

on an Internet website, mlifewellness.com, and at a physical location in Clark County, Nevada;

and

h. The M LIFE Marks are registered on the Principal Register of the United

States Patent and Trademark Office.

32. The Defendants began making commercial use of the MLIFE mark after the M

LIFE Marks became famous.

33. The Defendants have been engaged in the commercial use of the MLIFE mark as

that term is defined by N.R.S. 600.435(5)(a), in connection with their operation, advertisement,

and promotion of a medical marijuana business, including in connection with sales and offers to

sell goods and services related to medical marijuana.

34. The Defendants commercial use of the MLIFE mark has caused and is likely to

continue to cause dilution of the distinctiveness of MGMs famous M LIFE Marks within the

meaning of N.R.S. 600.435.

35. Defendants use of the MLIFE mark constitutes dilution by tarnishment.

Defendants have created an association in the mind of the consuming public between MGMs

M LIFE Marks and Defendants marijuana business arising from the similarity between the

MLIFE mark and the M LIFE Marks. This association has and is likely to continue to harm the

reputation of MGMs famous M LIFE Marks.

36. The Defendants commercial use of the MLIFE mark has, at all times, been

intentionally and/or willfully designed to dilute the distinctiveness of MGMs famous M LIFE

Marks.


will continue to suffer, irreparable injury and damages in an amount to be determined at trial.

38. Pursuant to N.R.S. 600.435 and N.R.S. 600.430, MGM is entitled to: (a) an


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injunction enjoining the Defendants from making any further commercial use of the MLIFE

mark; (b) an award of money damages including, (i) up to three times all profits Defendants

derived from their willful and wrongful commercial use of the MLIFE mark, and (ii) up to three

times all damages suffered by MGM as a result of Defendants willful and wrongful commercial

use of the MLIFE mark; and (c) an award of costs and reasonable attorneys fees.

COUNT III (Unfair Competition under

the Lanham Act, 15 U.S.C. 1125(a))


herein.

40. As set forth above, the Defendants recently began using the MLIFE mark in

commerce to advertise and promote a medical marijuana dispensary and medical marijuana

education and consulting services under the business name MLife Wellness at 2800 S. Highland

Drive, Las Vegas, Nevada, and on the website.

41. The Defendants use of the MLIFE mark is a false designation of origin which is

likely to cause confusion, to cause mistake and to deceive as to the affiliation, connection or

association of Defendants with MGM and as to the origin, sponsorship, or approval of Defendants

goods and services by MGM.

42. The Defendants use of the MLIFE mark in commerce has, at all times, been

willful, deliberate, and intentional. The Defendants use of the MLIFE mark in commerce was

designed to usurp and wrongfully trade off of the substantial investment and goodwill MGM has

made and developed in its M LIFE Marks.

43. The Defendants use of the MLIFE mark in commerce constitutes unfair

competition in violation of the Lanham Act, 15 U.S.C. 1125(a), in that Defendants have used in

connection with goods and services a false designation of origin, a false or misleading description

and representation of fact which is likely to cause confusion, and to cause mistake, and to deceive

as to the affiliation, connection, or association of Defendants with MGM and as to the origin,

sponsorship, and approval of Defendants goods, services, and commercial activities by MGM.



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will continue to suffer, monetary loss and irreparable injury to its business, reputation, and

goodwill.

COUNT IV (Cybersquatting under

the Lanham Act, 15 U.S.C. 1125(d))


herein.

46. The Defendants have registered, trafficked in, and/or used the

domain name.

47. The domain name is confusingly similar to MGMs

M LIFE Marks

48. Upon information and belief, the Defendants have or had a bad faith intent to profit

from the M LIFE Marks. As a direct and proximate result of Defendants conduct, MGM has

suffered, and will continue to suffer, monetary loss and irreparable injury to its business,

reputation, and goodwill.

PRAYER FOR RELIEF

WHEREFORE, MGM prays that the Court enter judgment in their favor and against

Defendants, and that the Court:

A. Enter a preliminary and permanent injunction, pursuant to 15 U.S.C. 1116(a),

prohibiting the Defendants and their respective officers, agents, servants, employees, and/or all

other persons acting in concert or participation with them, from using the M LIFE trademarks, or

any confusingly similar variations thereof;

B. Enter a preliminary and permanent injunction, pursuant to 15 U.S.C. 1116(a) and

15 U.S.C. 1125(d)(1)(C), prohibiting the Defendants and their respective officers, agents,

servants, employees, and/or all other persons acting in concert or participation with them, from

using the M LIFE trademarks, or any confusingly similar variations thereof, in any Internet

domain name, and requiring any registrar of the domain name to

immediately place the domain name on hold and lock, prohibiting its transfer, and, upon the entry

of judgment in MGMs favor or further order of the Court, transferring the registration for the


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domain name to MGM or its designee;

C. Enter an order awarding MGM compensatory, consequential, statutory, and/or

exemplary damages in an amount to be determined at trial;

D. Enter an order awarding MGM reasonable attorneys fees under the Lanham Act;

E. Enter an order awarding MGM costs incurred in connection with this matter; and

F. Enter an order awarding MGM such other and further relief as the Court deems just

and equitable.

Dated this 17th day of September, 2014.

LEWIS ROCA ROTHGERBER LLP

By: /s/ Michael J. McCue Michael J. McCue Jonathan W. Fountain Meng Zhong 3993 Howard Hughes Parkway, Suite 600 Las Vegas, NV 89169-5996

Attorneys for Plaintiff MGM Resorts International


OJS 44 (Rev. 12/07) CIVIL COVER SHEETThe 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 providedby 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 initiatingthe civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an X in One Box for Plaintiff(For Diversity Cases Only) and One Box for Defendant)

1 U.S. Government 3 Federal Question PTF DEF PTF DEFPlaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4

of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6 Foreign Country

IV. NATURE OF SUIT (Place an X in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

110 Insurance PERSONAL INJURY PERSONAL INJURY 610 Agriculture 422 Appeal 28 USC 158 400 State Reapportionment 120 Marine 310 Airplane 362 Personal Injury - 620 Other Food & Drug 423 Withdrawal 410 Antitrust 130 Miller Act 315 Airplane Product Med. Malpractice 625 Drug Related Seizure 28 USC 157 430 Banks and Banking 140 Negotiable Instrument Liability 365 Personal Injury - of Property 21 USC 881 450 Commerce 150 Recovery of Overpayment 320 Assault, Libel & Product Liability 630 Liquor Laws PROPERTY RIGHTS 460 Deportation

& Enforcement of Judgment Slander 368 Asbestos Personal 640 R.R. & Truck 820 Copyrights 470 Racketeer Influenced and 151 Medicare Act 330 Federal Employers Injury Product 650 Airline Regs. 830 Patent Corrupt Organizations 152 Recovery of Defaulted Liability Liability 660 Occupational 840 Trademark 480 Consumer Credit

Student Loans 340 Marine PERSONAL PROPERTY Safety/Health 490 Cable/Sat TV (Excl. Veterans) 345 Marine Product 370 Other Fraud 690 Other 810 Selective Service

153 Recovery of Overpayment Liability 371 Truth in Lending LABOR SOCIAL SECURITY 850 Securities/Commodities/ of Veterans Benefits 350 Motor Vehicle 380 Other Personal 710 Fair Labor Standards 861 HIA (1395ff) Exchange

160 Stockholders Suits 355 Motor Vehicle Property Damage Act 862 Black Lung (923) 875 Customer Challenge 190 Other Contract Product Liability 385 Property Damage 720 Labor/Mgmt. Relations 863 DIWC/DIWW (405(g)) 12 USC 3410 195 Contract Product Liability 360 Other Personal Product Liability 730 Labor/Mgmt.Reporting 864 SSID Title XVI 890 Other Statutory Actions 196 Franchise Injury & Disclosure Act 865 RSI (405(g)) 891 Agricultural Acts

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 740 Railway Labor Act FEDERAL TAX SUITS 892 Economic Stabilization Act 210 Land Condemnation 441 Voting 510 Motions to Vacate 790 Other Labor Litigation 870 Taxes (U.S. Plaintiff 893 Environmental Matters 220 Foreclosure 442 Employment Sentence 791 Empl. Ret. Inc. or Defendant) 894 Energy Allocation Act 230 Rent Lease & Ejectment 443 Housing/ Habeas Corpus: Security Act 871 IRSThird Party 895 Freedom of Information 240 Torts to Land Accommodations 530 General 26 USC 7609 Act 245 Tort Product Liability 444 Welfare 535 Death Penalty IMMIGRATION 900Appeal of Fee Determination 290 All Other Real Property 445 Amer. w/Disabilities - 540 Mandamus & Other 462 Naturalization Application Under Equal Access

Employment 550 Civil Rights 463 Habeas Corpus - to Justice 446 Amer. w/Disabilities - 555 Prison Condition Alien Detainee 950 Constitutionality of

Other 465 Other Immigration State Statutes 440 Other Civil Rights Actions

V. ORIGINTransferred fromanother district(specify)

Appeal to DistrictJudge fromMagistrateJudgment

(Place an X in One Box Only) 1 Original

Proceeding 2 Removed from

State Court 3 Remanded from

Appellate Court 4 Reinstated or

Reopened 5 6 Multidistrict

Litigation 7

VI. CAUSE OF ACTIONCite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): Brief description of cause:

VII. REQUESTED IN COMPLAINT:

CHECK IF THIS IS A CLASS ACTIONUNDER F.R.C.P. 23

DEMAND $ CHECK YES only if demanded in complaint:JURY DEMAND: Yes No

VIII. RELATED CASE(S) IF ANY (See instructions): JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

Case 2:14-cv-01510-JAD-CWH Document 1-1 Filed 09/17/14 Page 1 of 1

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURTfor the

__________ District of __________

))))))))))))

Plaintiff(s)v. Civil Action No.

Defendant(s)

SUMMONS IN A CIVIL ACTION

To: (Defendants name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date:Signature of Clerk or Deputy Clerk


AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

I personally served the summons on the individual at (place)on (date) ; or

I left the summons at the individuals residence or usual place of abode with (name), a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individuals last known address; or

I served the summons on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization)

on (date) ; or

I returned the summons unexecuted because ; or Other (specify):

.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:Servers signature

Printed name and title

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Brief Description: This is an action alleging trademark dilution, unfair competition and cybersquatting.Demand: Place Served:

Method:

Organization:

Plaintiff address: Michael J. McCue, Esq.Jonathan W. Fountain, Esq.LEWIS ROCA ROTHGERBER, LLP3993 Howard Hughes Pkwy., #600Las Vegas, NV 89169

Button: SaveAs:

Print1:

Print2: Retrieve: Export: Reset:

County_of_Residence_of_Fi: Date: 9/17/2014Unexecuted Reason:

Plaintiff: MGM RESORTS INTERNATIONAL

Attorneys: DOCKET_NUMBER: CHECK_IF_THIS_IS_A_CLASS: Other:

JUDGE: Place Served2:

FirmName: Michael J. McCue, Jonathan W. Fountain, Lewis Roca Rothgerber LLP, 3993 Howard Hughes Pkwy., #600, Las Vegas, NV 89169; Tele: 702-949-8200Defendant: M LIFE, INC.; M'LIFE WELLNESS, LLC; M'LIFE NEVADA, LLC; DANIEL LUTZ; DARVIN GOMEZ

Left With2:

Server Address:

Date_Today2:

7: Service Fee:

Total Fee: 0

Additional information:

Basis of Jurisdiction: 3.Federal_Question

Served On:

9: 8: 290_All_Other_Real_Proper: Date_Served:

Travel Fee:

Date_Received:

17: 18: 15: 16: 13: 14: 11: Defendant2:

12: V: Origin: 1

Date_Served1:

555_Prison_Condition: CauseofAction: 15 U.S.C. 1125Defendant address: M LIFE, INC.c/o Registered Agent: Laughlin Associates, Inc.9120 Double Diamond Pkwy.Reno, NV 89521

Date_Served2:

Civil action number: 2:14-cv-01510

Server Signature:

b_County_of_Residence_of: Nature of Suit: 840

Sig: /s/ Michael J. McCueDate_Today:

CHECK_YES_only_if_demand1: No

Organization2:

10: Left With:

Dist: Info: District of Nevada

440_Other_Civil_Rights: Server Name:

Deputy Clerk Signature:

370_Other_Fraud:

MGM trademark case

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Transcript of MGM trademark case