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Transcript of Quartz Hill Chamber of Commerce v. Quartz Hill Community Pagaent - Miss Quart Hil trademark...
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8/20/2019 Quartz Hill Chamber of Commerce v. Quartz Hill Community Pagaent - Miss Quart Hil trademark complaint.pdf
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AMENDED AND SUPPLEMENTAL COMPLAINT
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H A R L T O N W E E K S L L P
1 0 3 1 W e s t A v e n u e M - 1 4 ,
S u i t e A
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Bradley T. Weeks, Bar No. 173745 [email protected]
CHARLTON WEEKS LLP1031 West Avenue M-14, Suite A
Palmdale, CA 93551Telephone: (661) 265-0969
Facsimile: (661) 265-1650
Attorney for Plaintiff Quartz HillChamber of Commerce
UNITED STATED DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
Quartz Hill Chamber of Commerce
Plaintiff,
v.
Elizabeth Smith, Virginia Erma Beaver,
Quartz Hill Community Pageant
Foundation, Does One through OneHundred inclusive,
Defendants.
CASE NO. 2:15-cv-3575
AMENDED AND
SUPPLEMENTAL COMPLAINT
FOR:
(1) Trademark Infringement
(2) Federal Unfair Competition
(3) Federal Trademark Dilution(4) California Trademark Dilution
(5) California Trademark
Infringement and Unfair
Competition
(6) Common Law Trademark
Infringement and Unfair
Competition
(7) Unjust Enrichment
(8) Application for Preliminary and
Permanent Injunction
DEMAND FOR JURY TRIAL
Plaintiff Quartz Hill Chamber of Commerce (“QH Chamber”) brings this
action to enjoin Elizabeth Smith and Virginia Erma Beaver collectively
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8/20/2019 Quartz Hill Chamber of Commerce v. Quartz Hill Community Pagaent - Miss Quart Hil trademark complaint.pdf
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AMENDED AND SUPPLEMENTAL COMPLAINT
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H A R L T O N W E E K S L L P
1 0 3 1 W e s t A v e n u e M - 1 4 ,
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(“Defendants”) unauthorized use of QH Chamber’s service marks “Miss Quartz
Hill”, “Little Miss Quartz Hill”, “Junior Miss Quartz Hill”, and “Quartz Hill
Community Pageants”. Collectively, these four marks are referred to herein as the
“Pageant Marks.” QH Chamber seeks preliminary and permanent injunctive relief
and damages under the laws of the United States and the State of California and
alleges on knowledge as to itself and its own acts, and on information and belief as
to all other matters, as follows:
JURISDICTION AND VENUE
1. This is an action for trademark infringement, dilution, unfair
competition, and unjust enrichment under the Trademark Act of 1946, as amended,
15 U.S.C. § 1051 et seq. (“Lanham Act”) and the laws of the State of California.
Accordingly, this Court has subject matter jurisdiction over this action under
Section 39 of the Lanham Act, 15 U.S.C. § 1121, and Title 28 of the United States
Code, §§ 1331 and 1338, as to counts I through III inclusive and count VIII, and
supplemental jurisdiction over state law claims under 28 U.S.C. § 1367(a), IV
through VIII inclusive.
2. Venue lies within this district because a substantial part of the events
giving rise to these claims occurred in this district and all Defendants, and each of
them, reside in this judicial district for purposes of 28 U.S.C. § 1391(b) and (c).
PARTIES
3. QH Chamber is a corporation organized and existing under the laws of
the State of California and has its principal place of business in Quartz Hill, Los
Angeles County, California.
4. On information and belief, defendant Elizabeth Smith is an individual
residing in Los Angeles County, California.
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8/20/2019 Quartz Hill Chamber of Commerce v. Quartz Hill Community Pagaent - Miss Quart Hil trademark complaint.pdf
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AMENDED AND SUPPLEMENTAL COMPLAINT
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H A R L T O N W E E K S L L P
1 0 3 1 W e s t A v e n u e M - 1 4 ,
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5. On information and belief, defendant Virginia Erma Beaver is an
individual residing in Los Angeles County, California.
6. On information and belief, defendant Quartz Hill Community Pageant
Foundation is a corporation organized according to the laws of the state of
California, entity number C3673000, under the control of defendant Elizabeth
Smith, created on or about May 5, 2014.
FACTS
A. QH Chamber’s Use of the Pageant Marks
7. In 1950 QH Chamber conducted its first beauty pageant. This winner of
this pageant received the title of “Miss Quartz Hill.” Thereafter QH Chamber has
conducted, promoted, and produced the Miss Quartz Hill beauty pageant in
conjunction with an annual springtime community event known as the “Almond
Blossom Festival.” Every year, including the year 2014, QH Chamber has
conducted this pageant, and selected a young woman to be Miss Quartz Hill. Every
year contestants have competed to be selected Miss Quartz Hill. Every year QHChamber published the names of the contestants, and the prior winners. No later
than the year 1986 QH Chamber also has conducted, promoted, and produced
beauty pageants for “Little Miss Quartz Hill,” and no later than the year 1996 QH
Chamber also has conducted, promoted, and produced beauty pageants for “Junior
Miss Quartz Hill.” These pageants are for women too young to compete in the Miss
Quartz Hill pageant.
8. Currently the name of the event which selects “Miss Quartz Hill,”
“Junior Miss Quartz Hill,” and “Little Miss Quartz Hill” is named the “Quartz Hill
Community Pageants.” Quartz Hill Community Pageants has been used since at
least the year 1958.
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AMENDED AND SUPPLEMENTAL COMPLAINT
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9. Exhibit 1, attached hereto, is an exemplar of plaintiff’s use in
commerce of the phrases “Almond Blossom Festival” and noting the crowning of a
pageant queen and a pageant princess in 1955.
10. Exhibit 2, attached hereto, is an exemplar of plaintiff’s use in
commerce of the phrases “Almond Blossom Festival” and “Miss Quartz Hill,”
equating the phrase “Miss Quartz Hill” with the pageant queen selected at the
Almond Blossom Festival, in 1960.
11. Exhibit 3, attached hereto, is an exemplar of plaintiff’s use in
commerce of the phrases “Almond Blossom Festival” and “Miss Quartz Hill,”
equating the phrase “Miss Quartz Hill” with the pageant queen selected at the
Almond Blossom Festival, in 1961.
12. Exhibit 4, attached hereto, is an exemplar of plaintiff’s use in
commerce of the phrases “Almond Blossom Festival” and “Miss Quartz Hill,”
equating the phrase “Miss Quartz Hill” with the pageant queen selected at the
Almond Blossom Festival, in 1968.
13. Exhibit 5, attached hereto, is an exemplar of plaintiff’s use in
commerce of the phrases “Almond Blossom Festival” and “Miss Quartz Hill,”equating the phrase “Miss Quartz Hill” with the pageant queen selected at the
Almond Blossom Festival, in 1969.
14. Exhibit 6, attached hereto, is an exemplar of plaintiff’s use in
commerce of the phrases “Almond Blossom Festival” and “Miss Quartz Hill,”
equating the phrase “Miss Quartz Hill” with the pageant queen selected at the
Almond Blossom Festival, in 1971.
15. Exhibit 7, attached hereto, is an exemplar of plaintiff’s use in
commerce of the phrases “Almond Blossom Festival” and “Miss Quartz Hill,”
equating the phrase “Miss Quartz Hill” with the pageant queen selected at the
Almond Blossom Festival, in 1972.
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AMENDED AND SUPPLEMENTAL COMPLAINT
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16. Exhibit 8, attached hereto, is an exemplar of plaintiff’s use in
commerce of the phrases “Almond Blossom Festival” and “Miss Quartz Hill,”
equating the phrase “Miss Quartz Hill” with the pageant queen selected at the
Almond Blossom Festival, in 1974, and setting forth a substantial historical
narrative of the creation of the Almond Blossom Festival and the association of the
crowing of Miss Quartz Hill by plaintiff thereat.
17. Exhibit 9, attached hereto, is an exemplar of plaintiff’s use in
commerce of the phrase “Miss Quartz Hill,” equating the phrase “Miss Quartz Hill”
with the pageant queen selected at the Almond Blossom Festival, on information
and belief in 1976, and setting forth a substantial historical narrative of the creation
of the Almond Blossom Festival and the association of the crowing of Miss Quartz
Hill by plaintiff thereat.
18. Exhibit 10, attached hereto, is an exemplar of plaintiff’s use in
commerce of the phrases “Almond Blossom Festival” and “Miss Quartz Hill,”
equating the phrase “Miss Quartz Hill” with the pageant queen selected at the
Almond Blossom Festival, in 1977, and setting forth a substantial historical
narrative of the creation of the Almond Blossom Festival and the association of thecrowing of Miss Quartz Hill by plaintiff thereat.
19. Exhibit 11, attached hereto, is an exemplar of plaintiff’s use in
commerce of the phrase “Miss Quartz Hill,” equating the phrase “Miss Quartz Hill”
with the pageant queen selected at the Almond Blossom Festival, in 1980, and
setting forth a substantial historical narrative of the creation of the Almond Blossom
Festival and the association of the crowing of Miss Quartz Hill by plaintiff thereat.
20. Exhibit 12, attached hereto, is an exemplar of plaintiff’s use in
commerce of the phrases “Almond Blossom Festival” and “Miss Quartz Hill,”
equating the phrase “Miss Quartz Hill” with the pageant queen selected at the
Almond Blossom Festival, in 1982, and setting forth a substantial historical
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AMENDED AND SUPPLEMENTAL COMPLAINT
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narrative of the creation of the Almond Blossom Festival and the association of the
crowing of Miss Quartz Hill by plaintiff thereat.
21. Exhibit 13, attached hereto, is an exemplar of plaintiff’s use in
commerce of the phrase “Miss Quartz Hill,” equating the phrase “Miss Quartz Hill”
with the pageant queen selected at the Almond Blossom Festival, on information
and belief in 1983, and setting forth a historical list of all pageant winners as
“Almond Blossom Queens of the Past,” including both the “Almond Blossom
Queen” and “Miss Quartz Hill” in the same list, and using the phrase “Little Miss
Quartz Hill” in commerce.
22. Exhibit 14, attached hereto, is an exemplar of plaintiff’s use in
commerce of the phrase “Almond Blossom Festival,” equating the phrase “Miss
Quartz Hill” with the pageant queen selected at the Almond Blossom Festival, on
information and belief in 1994, and the phrase “Little Miss Quartz Hill” with the
younger pageant queen selected at the Almond Blossom Festival.
23. Exhibit 15, attached hereto, is an exemplar of plaintiff’s use in
commerce of all the Pageant Marks in 1996.
24. Exhibit 16, attached hereto, is an exemplar of plaintiff’s use incommerce of all of the Pageant Marks in 2001. Importantly, the pageant contestant
winner selected by plaintiff to be Miss Quartz Hill in 2001 was Kelly Crystal Smith,
the daughter of defendant Elizabeth Smith, and the pageant contestant winner
selected by plaintiff to be Junior Miss Quartz Hill in 2001 was Jordana Lyn Beaver,
the daughter of defendant Virginia Beaver, demonstrating the defendants’ actual
knowledge, as of at least 2001, of plaintiff’s use of the Pageant Marks.
25. Exhibit 17, attached hereto, is an exemplar of plaintiff’s use in
commerce of all the Pageant Marks in 2004.
26. Exhibit 18, attached hereto, is an exemplar of plaintiff’s use in
commerce of all the Pageant Marks in 2006.
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AMENDED AND SUPPLEMENTAL COMPLAINT
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27. Exhibit 19, attached hereto, is an exemplar of plaintiff’s use in
commerce of all the Pageant Marks in 2011.
28. Exhibit 20, attached hereto, is an exemplar of plaintiff’s use in
commerce of all the Pageant Marks in 2013.
29. Exhibit 21, attached hereto, is an exemplar of plaintiff’s use in
commerce of all the Pageant Marks in 2014.
30. Exhibit 22, attached hereto, is an exemplar of plaintiff’s use in
commerce of all the Pageant Marks in 2015.
31. The Pageant Marks are well known in the Antelope Valley, which is in
the northern portion of Los Angeles County and includes the cities of Lancaster and
Palmdale. Exhibits 1 - 22, as references supra, demonstrate a continuous use of the
Pageant Marks in commerce by Plaintiff in association with Plaintiff’s services
dating back to 1950. By virtue of this continuous use of the Pageant Marks, Plaintiff
accrues to common law rights to control, own, and use the Pageant Marks as against
all other persons and entities in the United States of America.
32. In addition to its common law rights, QH Chamber owns: United States
Trademark Registration No. 86317923, for “Miss Quartz Hill”; United StatesTrademark Registration No. 86319467, for “Junior Miss Quartz Hill”; United States
Trademark Registration No. 86319478, for “Little Miss Quartz Hill”; and United
States Trademark Registration No. 86319482, for “Quartz Hill Community
Pageants”. All of these registrations are for “Entertainment in the nature of beauty
pageants” in International Class 041. Collectively, these marks are referred to
hereinafter as the “Pageant Marks.”
33. A true and correct copy of United States Trademark Registration No.
86317923, for “Miss Quartz Hill” is attached hereto and marked as Exhibit 23.
34. A true and correct copy of United States Trademark Registration No.
86319467, for “Junior Miss Quartz Hill” is attached hereto and marked as Exhibit
24.
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AMENDED AND SUPPLEMENTAL COMPLAINT
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35. A true and correct copy of United States Trademark Registration No.
86319478, for “Little Miss Quartz Hill” is attached hereto and marked as Exhibit 25.
36. A true and correct copy of United States Trademark Registration No.
86319482, for “Quartz Hill Community Pageants” is attached hereto and marked as
Exhibit 26.
37. QH Chamber uses its Pageant Marks extensively in various media
formats, including in print advertisements and on the internet, to promote its Quartz
Hill Pageants beauty pageants.
38. QH Chamber’s Pageant Marks are recognized and relied upon by the
public in California to identify the pageants and to distinguish these services from
those of others.
39. As a result of QH Chamber’s continuous usage and promotion of the
Pageant Marks, QH Chamber has acquired strong common-law rights along with
great and valuable goodwill in the Pageant Marks. As a result, the Pageant Mark has
become well-known and famous in California.
B. Defendants’ Unauthorized use of the Pageant Marks and Attempts to
Steal Pageant Marks
40. The state of affairs described above in paragraphs 3 through 39 well
served QH Chamber, the community of Quartz Hill, and all participants until March
2014.
41. On March 5, 2014, Elizabeth Smith submitted to the Los Angeles
County Registrar-Recorder a Fictitious Business Name Statement claiming to own
the Pageant Marks. This was done without the knowledge or consent of QH
Chamber. Thereafter Elizabeth Smith and Virginia Erma Beaver have claimed they
own and have the right to use the Pageant Marks. They have used all of these marks,
and publically claimed that they own these marks, and that QH Chamber does not
own them. Since March 5, 2014, Elizabeth Smith and Virginia Erma Beaver have
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AMENDED AND SUPPLEMENTAL COMPLAINT
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been improperly using QH Chamber’s marks, and such uses are unauthorized and
unlawful, such as using the Pageant Marks to solicit donations, fundraising, and to
hold competing events. A true and correct copy of Smith’s attempt to usurp
Plaintiff’s rights to use of the Pageant Marks as a fictitious business name is
attached hereto and marked as Exhibit 27.
42. Elizabeth Smith and Virginia Erma Beaver thereafter sent cease and
desist letters to QH Chamber and third parties demanding that they cease using the
Pageant Marks. A true and correct copy of that request is attached hereto and
marked as Exhibit 28.
43. QH Chamber did not comply with the demand of Smith and Beaver to
cease using its own Pageant Marks.
44. Instead, on or about May 5, 2014, Smith purported to incorporate
herself using the Pageant Marks as the corporation’s name. See Exhibit 29.
45. Thereafter on May 30, 2014, Elizabeth Smith and Virginia Erma
Beaver sued, QH Chamber claiming that they own the Pageant Marks. These claims
were subsequently dismissed, or stricken by the state court.
46. On November 6, 2014, Elizabeth Smith applied for Registration of Trademark or Service Mark to the State of California Secretary of State, for the
marks: “Miss Quartz Hill”, registration number 00069579; “Quartz Hill Community
Pageant”, registration number 00069581; “Junior Miss Quartz Hill”, registration
number 00069580; “Little Miss Quartz Hill”, registration number 00069582. See
Exhibits 30.
47. QH Chamber has spoken with Defendants and their attorney, and has
provided evidence that it used the Pageant Marks long before Elizabeth Smith and
Virginia Erma Beaver has claimed to have used them. QH Chamber has demanded
that Elizabeth Smith and Virginia Erma Beaver cease using the Pageant Marks.
Defendants have ignored these demands.
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AMENDED AND SUPPLEMENTAL COMPLAINT
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48. Defendants continue to use the Pageant Marks, for fundraising,
solicitation of donations, publicity, and participation in other pageants. See, for
example, Exhibit 31, reflecting a fundraiser at a sandwich shop, Exhibit 32,
reflecting a fundraiser at a yard sale and bake sale, Exhibit 33, reflecting the public
display of sashes and other regalia bearing the names of the Pageant Marks, and
Exhibit 34, disseminating on Facebook electronic media claims of ownership and
control of the pageant marks.
49. QH Chamber’s first use of its Pageant Marks long precedes any date
upon which Defendants, and each of them, may claim rights in the Pageant Marks.
Defendants’ unauthorized use of the Pageant Marks began long after the Pageant
Marks became famous.
C. Defendants’ Unauthorized use of the Pageant Marks has Caused
Confusion
50. The unauthorized use of the Pageant Marks by Defendants, and each of
them, has and is likely to cause confusion, to cause mistake, and to deceive
consumers and potential consumers as to the affiliation, connection, sponsorship or association of Defendants with the Pageant Marks, or to cause confusion regarding
the affiliation, sponsorship, or approval of Defendants’ services by QH Chamber.
51. The unauthorized use of the Pageant Marks by Defendants, and each of
them, falsely indicates to the public that Defendants, their business, and their
services are affiliated, connected, or associated with QH Chamber, or are sponsored,
endorsed, or approved by QH Chamber, or are in some manner related to QH
Chamber or its or services.
52. Defendants' unauthorized use of the Pageant Marks had caused and will
continue to cause dilution of the distinctive quality of the Pageant Marks.
53. The unauthorized use of the Pageant Marks by Defendants, and each of
them, enables Defendants to trade on and receive the benefit and goodwill of the
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AMENDED AND SUPPLEMENTAL COMPLAINT
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reputation of the Pageant Marks, and to gain acceptance for Defendants’ services
and not solely on Defendants' own merits.
54. The unauthorized use of the Pageant Marks by Defendants, and each of
them, impairs QH Chamber’s ability to control the nature and quality of the services
associated with its marks, and subjects the valuable reputation and goodwill of the
Pageant Marks to the actions of Defendants, and each of them,.
55. As a result of their unauthorized use of the Pageant Marks, by
Defendants, and each of them, are being unjustly enriched at QH Chamber’s
expense.
56. Unless these acts of infringement, unfair competition, and unfair and
deceptive practices by Defendants are enjoined by this Court, these acts will
continue, and will continue to cause irreparable injury to QH Chamber and to the
public, for which there is no adequate remedy at law.
57. Finally, Defendants’ activities complained of herein have been
malicious, fraudulent, deliberate, willful, intentional, and in bad faith, with full
knowledge and conscious disregard of QH Chamber’s rights. In view of the
egregious nature of Defendants’ actions, this is an exceptional case within themeaning of Section 35(a) of the Lanham Act, 15 U.S.C. § 1117(a).
COUNT I: FEDERAL TRADEMARK INFRINGEMENT
58. QH Chamber repeats and realleges each and every allegation of all
prior paragraphs, and incorporates them by reference as if fully set forth herein.
59. The acts of Defendants complained of herein constitute infringement of
the Pageant Marks, in violation of Section 32 of the Lanham Act, 15 U.S.C. § 1114.
COUNT II: FEDERAL UNFAIR COMPETITION
60. QH Chamber repeats and realleges each and every allegation of all
prior paragraphs, and incorporates them by reference as if fully set forth herein.
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AMENDED AND SUPPLEMENTAL COMPLAINT
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61. The acts of Defendants complained of herein constitute unfair
competition in violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).
COUNT III: FEDERAL TRADEMARK DILUTION
62. QH Chamber repeats and realleges each and every allegation of all
prior paragraphs, and incorporates them by reference as if fully set forth herein.
63. The acts of Defendants complained of herein constitute dilution of the
Pageant Marks in violation of Section 43(c) of the Lanham Act, 15 U.S.C. §
1125(c).
COUNT IV: CALIFORNIA TRADEMARK DILUTION
64. QH Chamber repeats and realleges each and every allegation of all
prior paragraphs, and incorporates them by reference as if fully set forth herein.
65. The acts of Defendants complained of herein are likely to injure the
business reputation of QH Chamber and/or dilute the distinctive quality of QH
Chamber’s Pageant Marks in violation of Cal. Bus. & Prof. Code § 14200 et seq.
COUNT V: CALIFORNIA TRADEMARK INFRINGEMENT
AND UNFAIR COMPETITION
66. QH Chamber repeats and realleges each and every allegation of all
prior paragraphs, and incorporates them by reference as if fully set forth herein.
67. The acts of Defendants complained of herein constitute unfair
competition in violation of Cal. Bus. & Prof. Code §§ 17200 et seq.
COUNT VI: TRADEMARK INFRINGEMENT AND UNFAIR
COMPETITION
68. QH Chamber repeats and realleges each and every allegation of all
prior paragraphs, and incorporates them by reference as if fully set forth herein.
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AMENDED AND SUPPLEMENTAL COMPLAINT
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H A R L T O N W E E K S L L P
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69. The acts of Defendants complained of herein constitute unfair methods
of competition, common law trademark infringement, misappropriation of QH
Chamber’s goodwill in California, and are a violation of the common law of
California.
COUNT VII: UNJUST ENRICHMENT
70. QH Chamber repeats and realleges each and every allegation of all
prior paragraphs, and incorporates them by reference as if fully set forth herein.
71. Defendants, and each of them, have benefited at QH Chamber’s
expense from Defendants’ wrongful acts and have accepted and retained said benefit
in circumstances that would make it inequitable for them to retain said benefits
without paying the value thereof.
72. The acts of Defendants complained of herein constitute unjust
enrichment of Defendants at QH Chamber’s expense in violation of the common
law of the State of California.
COUNT VIII: APPLICATION FOR PRELIMINARY AND
PERMANENT INJUNCTION
73. QH Chamber repeats and realleges each and every allegation of all
prior paragraphs, and incorporates them by reference as if fully set forth herein.
74. Defendants have damaged Plaintiff, and is continuing to damage
Plaintiff, by the illegal acts complained of herein. Unless Defendants are restrained
by this Court, Defendants will cause irreparable injury to QH Chamber for which
there is no adequate remedy at law.
PRAYER FOR RELIEF
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AMENDED AND SUPPLEMENTAL COMPLAINT
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WHEREFORE, QH Chamber hereby requests that this Court:
1. That Defendants and their officers, directors, agents, servants,
employees, attorneys, successors, heirs, and assigns, related companies, and all
those acting in concert with or on behalf of Defendants, be preliminarily and
permanently enjoined and restrained from:
a. using the name and marks “Miss Quartz Hill”, “Junior Miss Quartz
Hill”, “Little Miss Quartz Hill”, and “Quartz Hill Community Pageants” in any
manner whatsoever, specifically including in connection with any pageant,
modeling, philanthropic, and/or beauty-related contests or services;
b. using any trademark, service mark, trade name, domain name,
advertising, internet web page, signage, or other materials that depict, comprise,
contain, or consist of any mark, name, or other indicia that is identical to,
phonetically similar to, or includes “Quartz Hill” or any other mark or name that is
likely to cause confusion with, or which is likely to dilute the distinctive quality of,
QH Chamber’s Pageant Marks, including any formatives thereof incorporating other
words, ethnic designations, geographic designations, age designations, or other
phonetic or foreign language equivalents of the Pageant Marks, or any marks,names, or domain names that are equivalent to the Pageant Marks in meaning,
regardless of language;
c. otherwise competing unfairly with QH Chamber in any manner,
including, without limitation, (i) unlawfully adopting and/or infringing upon the
Pageant Marks, (ii) adopting or using any trademark, trade name, service mark,
advertising, or signage similar to the Pageant Marks, and/or (iii) adopting or using
any trade name, trademark, service mark, advertising, or signage likely to dilute the
distinctive quality of the Pageant Marks;
d. committing any other acts or making any statements calculated, or the
reasonably foreseeable consequence of which would be, to infringe, dilute, or
tarnish any of QH Chamber’s trademark rights, or to confuse, mislead, or deceive
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AMENDED AND SUPPLEMENTAL COMPLAINT
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consumers as to sponsorship, approval or affiliation of QH Chamber by, with, or of
Defendants, or to otherwise disparage the Pageant Marks; and
e. conspiring with, aiding, assisting, or abetting any other person or entity
in engaging in or performing any of the activities referred to in subparagraphs (a)
through (d), above;
2. That Defendants provide QH Chamber with a complete listing of every
name, trade name, mark, domain name, business name, assumed name, or other
designation currently owned or used by the Defendants in the United States or any
other country that includes or incorporates the Pageant Marks or includes “Quartz
Hill,”
3. That the Defendants, and their officers, directors, agents, servants,
employees, attorneys, successors, heirs, assigns, related companies, and all those
acting in concert with or on behalf of Defendants, be required to deliver to the Court
for destruction, or to show proof of said destruction, of any and all displays, signs,
circulars, promotional material, advertisements, sales aids, and other matter in the
Defendants’ possession, custody, or control which bear or depict the Pageant Marks
used in connection with the offering of any pageant or beauty-related services, aswell as all means of reproducing, counterfeiting, copying, or otherwise imitating QH
Chamber’s Pageant Marks;
4. That Defendants be ordered to file with this Court and to serve upon
QH Chamber, within thirty (30) days after the entry and service on Defendants of an
injunction, a report in writing and under oath setting forth in detail the manner and
form in which the Defendants has complied with the injunction;
5. That QH Chamber recover all damages it has sustained as a result of
Defendants’ infringement, dilution, and unfair competition, and that said damages
be trebled;
6. That QH Chamber recover statutory damages, pursuant to 15 U.S.C. §
1117(c);
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7. That an equitable accounting be directed to determine Defendants’
profits resulting from their infringement and unfair competition, increased as the
Court finds just under the circumstances of this case, and that such profits be
disgorged over to QH Chamber as an equitable remedy;
8. That QH Chamber recover the costs of this action, its reasonable
attorney's fees, and pre-judgment and post-judgment interest;
9. That QH Chamber recover such other and further relief as this court
may deem just and proper.
September 30, 2015 Respectfully Submitted,
CHARLTON WEEKS LLP
__________________________ Bradley T. Weeks
Attorney for Plaintiff Quartz Hill Chamber of Commerce
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DEMAND FOR JURY TRIAL
Plaintiff Quartz Hill Chamber of Commerce demands a trial by jury as to all
claims and as to all disputed facts triable by a jury, pursuant to Federal Rule of Civil
Procedure 38.
September 30, 2015 Respectfully Submitted,
CHARLTON WEEKS LLP
__________________________
Bradley T. WeeksAttorney for Plaintiff Quartz Hill Chamber of
Commerce
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