Academy v. de La Rosa - Complaint

Case 1:14-cv-00116 Document 1 Filed 02/05/14 Page 1 of 15
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION ACADEMY OF MOTION PICTURE ARTS AND SCIENCES, a California nonprofit corporation, Plaintiff, v. JAIME DE LA ROSA, an individual; and DOES 1-10, inclusive, Defendants. DEMAND FOR JURY TRIAL CIVIL ACTION NO. 1:14-cv-116 __________
PLAINTIFFS ORIGINAL COMPLAINT AND REQUEST FOR PRELIMINARY INJUNCTION Plaintiff Academy of Motion Pictures Arts and Sciences (the Academy) complains of defendants and alleges: Jurisdiction and Venue
1.
This action arises under the copyright and trademark laws of the United States,
Titles 15 and 17, United States Code. This Court has federal question jurisdiction under 28 U.S.C. 1331 and 1338(a). Venue lies in this district under 28 U.S.C. 1391(b) and 1400(a). Nature of Action
2.
In this action, the Academy seeks injunctive relief and damages for copyright
infringement, trademark infringement, trademark dilution, and false representation willfully committed by defendant Jaime De La Rosa in violation of the laws of the United States.
COMPLAINT FOR COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, ET AL.
Parties
3.
The Academy is, and at all times herein mentioned was, a nonprofit corporation
organized and existing under the laws of the State of California, with its principal place of business in Los Angeles County, California.
4.
The Academy is informed and believes, and on that basis alleges that defendant
Jaime De La Rosa (De La Rosa), is an individual who resides in Williamson County, State of Texas. On information and belief, De La Rosa operates (1) a store on the eBay Web site (www.ebay.com) in the form of an online auction and shopping site under the user name jjleo0205 and (2) an online store on the Etsy Web site (www.etsy.com) under store name "QuietOnTheSet" and user name "Jaime De La Rosa." De La Rosa can be served at 2601 La Frontera Boulevard, Unit 3202, Round Rock, Texas 787681 or wherever he may be found.
5.
The Academy is informed and believes, and on that basis alleges, that Does 1
through 5, inclusive, manufactured, imported, or procured counterfeit replica Oscar statuettes for De La Rosa to sell in derogation of the Academy's rights.
6.
The Academy is informed and believes, and on that basis alleges, that Does 6
through 10, inclusive, assisted or enabled De La Rosa in the sale of counterfeit replica Oscar statuettes.
7.
The true names and capacities of the defendants sued herein as Does 1 through
10, inclusive, are not known to the Academy, and the Academy therefore sues said defendants by such fictitious names. The Academy will amend this Complaint to allege their true names and capacities when the same are ascertained.
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Factual Background
8.
The Academy was founded in 1927 by a now legendary group of 36 film industry
leaders for the purposes, inter alia, of advancing motion picture arts and sciences and promoting cultural, educational, and technological progress. As part of its effort, the Academy formally recognizes persons who make outstanding contributions in their respective creative fields. Thus, the Academy holds annual Academy Awards ceremonies, during which it confers its Academy Award of Merit, known to the public as the Oscar, in over 20 categories of achievement.
9.
The Academy has registered the Oscar statuette as a work of art with the
Copyright Office of the United States of America. A true and correct copy of the Certificate of Registration, No. G 38512, is attached as Exhibit A and, by this reference, is incorporated herein as though set forth at length. The Academy has also renewed the registration of its copyright in the Oscar. A true and correct copy of the Certificate of Registration of a Claim to Renewal of Copyright, No. R 443432, is attached as Exhibit B and, by this reference, is incorporated herein as though set forth at length. The Academys registrations are valid, subsisting, and incontestable. See Academy of Motion Picture Arts and Sciences v. Creative House Promotions, Inc., 944 F.2d 1446, 1455 (9th Cir. 1991).
10.
The Academy has also registered a two-dimensional depiction of the design of the
Oscar as both a trademark and service mark with the Patent and Trademark Office of the United States of America. True and correct copies of the Certificates of Registration, Nos. 1,028,635, 1,895,980, 1,960,182, and 2,112,107, are attached as Exhibit C and, by this reference, are incorporated herein as though set forth at length. The Oscar design mark registrations are valid, subsisting, and incontestable. Academy of Motion Picture Arts and Sciences, 944 F.2d
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at 1455. The Oscar design mark, as a strong mark, is entitled to the strongest possible protection under the trademark and anti-dilution laws. Id.
11.
The Academy has obtained U.S. federal trademark registrations for its
ACADEMY AWARDS word mark pursuant to Certificate of Registration Nos. 1,880,473, 1,103,859, and 1,956,313, and for its ACADEMY AWARD word mark pursuant to Certificate of Registration No. 2,245,965. The Academy has also registered its OSCAR trademark pursuant to Certificate of Registration Nos. 1,096,990, 1,118,751, 1,996,585, and 2,021,582, and additionally has registered OSCARS pursuant to Certificate of Registration No. 1,528,890. True and correct copies of each of these Certificates are collectively attached as Exhibit D and, by this reference, are incorporated herein as though set forth at length. Each of these registrations are also valid, subsisting, and incontestable.
12.
Winners of the Academy Award of Merit are given copies of the Oscar
statuette in recognition of their achievements in motion picture making. The copies of the Oscar statuette are given subject to certain restrictions, including prohibitions against the sale, transfer, or copying of the statuette. The Academy has never distributed, or offered to distribute, copies of the Oscar statuette to the public.
13.
When the Academy commissioned the production of Oscar statuettes from
various manufacturers, such production was always performed exclusively for the Academy. Manufacturers were not permitted to copy the statuette for delivery or sale to any other person or entity. Defendants' Infringement
14.
In November 2013, the Academy became aware of a listing on the Internet
auction web site eBay entitled Academy Award Hollywood Metal Movie Acting Trophy Prop
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Replica, which offered for sale a counterfeit replica of the Academy's Oscar statuette for a price of $850. A true and correct copy of a printout of the listing for the infringing replica is attached as Exhibit E and, by reference, is incorporated herein as though set forth at length.
15.
The Academy searched eBay's public history of completed sales made by De La
Rosa. The results showed that De La Rosa had offered for sale no fewer than ten (10) replica Oscar statuettes from September 2013 to October 2013 and had sold nine (9). A true and correct copy of a printout of the eBay sales history for De La Rosa as it existed in November 2013 is attached as Exhibit F and, by reference, is incorporated herein as though set forth at length.
16.
On November 19, 2013, the Academy, through its counsel, informed De La Rosa
via letter that the Oscar is a work of art copyrighted by the Academy and that only the Academy has the legal right to authorize its production or distribution. The Academy requested that De La Rosa surrender all replicas in his possession, disclose the total number of replicas he had sold, and identify his source of the replicas, among other requests. A true and correct copy of the Academys letter is attached as Exhibit G and, by reference, is incorporated herein as though set forth at length.
17.
On November 26, 2013, counsel for the Academy received a package from De La
Rosa containing a letter and one counterfeit Oscar statuette. In the letter, De La Rosa stated that he (a) had taken down all eBay listings of the replica Oscar statuettes; (b) had sent the only remaining replica Oscar statuette in his possession in the accompanying package; (c) had sold only six (6) replica Oscar statuettes on eBay; and (d) promised that he would "not again manufacture, distribute, sell, display or use in any manner unauthorized copies of the 'Oscar' statuette, or works or depictions substantially or strikingly similar thereto."
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Significantly, De La Rosa failed to provide meaningful contact information for his purported counterfeit Oscar statuette supplier. A true and correct copy of De La Rosa's letter is attached as Exhibit H and, by reference, is incorporated herein as though set forth at length.
18.
On December 22, 2013, De La Rosa signed a declaration attesting that the facts
stated in his letter were truthful and was a full and complete response to the Academy's requests. He also repeated the representation that he had had only seven (7) replica Oscar statuettes in his possession, selling six (6) and sending one to counsel for the Academy. A true and correct copy of De La Rosa's declaration is attached as Exhibit I and, by reference, is incorporated herein as though set forth at length.
19.
That declaration was false. De La Rosa had previously offered at least four (4)
additional replica Oscar statuettes for sale on eBay, selling three (3). He also sold at least two (2) more during December 2013. A true and correct copy of a printout of the eBay sales history for De La Rosa as it existed on January 2, 2014, reflecting the December offers, is attached as Exhibit J and, by reference, is incorporated herein as though set forth at length.
20.
On January 2, 2014, counsel for the Academy contacted De La Rosa via e-mail,
seeking more information regarding his sales of replica Oscar statuettes and requested again to learn the identity of his supplier information that De La Rosa had previously withheld. De La Rosa did not respond. A true and correct copy of the e-mail message is attached as Exhibit K and, by this reference, is incorporated herein as though set forth at length.
21.
After January 2, 2014, the Academy learned of De La Rosa's Etsy shop, through
which De La Rosa was offering a counterfeit Oscar statuette for sale for $5,000. True and correct copies of printouts of the Etsy listing and of the Etsy page identifying De La Rosa as the
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seller are collectively attached as Exhibit L and, by this reference, are incorporated herein as though set forth at length.
22.
De La Rosas knowing and repeated violations of the Academys intellectual
property rights in the Oscar statuette, continued refusal to comply with the Academys attempts to enforce its copyright and trademarks, and perjury is therefore willful. Accordingly, the Academy has no choice but to file suit to protect its valuable intellectual property rights. FIRST CLAIM FOR RELIEF (Copyright Infringement -- 17 U.S.C. 106, et seq.)
23.
The Academy repeats and incorporates herein by reference each and every
allegation contained in paragraphs 1 through 22 above, as though set forth at length.
24.
Defendants De La Rosa and Does 1-10 have manufactured, imported, displayed,
transferred, and sold counterfeit copies of the Academys copyrighted Oscar statuette and are continuing to engage in their unlawful activity.
25.
Defendants acts violate the Academys exclusive rights under the Copyright Act,
including without limitation the Academys exclusive rights to reproduce its copyrighted works and to create derivative and counterfeit works from its copyrighted works, as set forth in 17 U.S.C. 106 and 501. Defendants use and sale of the Academys copyrighted Oscar statuette is and has been made without the Academys consent and for commercial purposes. Accordingly, defendants have engaged in direct and contributory infringement of the Academys copyrighted and world famous Oscar statuette.
26.
Defendants wrongful conduct has been willful, deliberate and malicious and
without excuse or justification. The Academy is entitled to recover its actual damages and
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defendants profits or statutory damages of $150,000, together with the Academys costs of suit and attorneys fees, pursuant to 17 U.S.C. 504-505, for defendants willful infringement.
27.
The Academy has suffered serious injury as a result of the foregoing willful
infringement of its copyright. In addition, the Academy will continue to suffer serious injury if defendants are not enjoined from selling, auctioning, distributing, displaying or otherwise using the Oscar statuette. The Academy has no adequate remedy at law for defendants acts of infringement. The Academy is therefore entitled to a preliminary and permanent injunction enjoining defendants acts of infringement. SECOND CLAIM FOR RELIEF (Trademark Infringement--15 U.S.C. 1114(1))
28.
The Academy re-alleges and incorporates by reference herein each and every
allegation contained in paragraphs 1 through 27 above, as though fully set forth at length.
29.
The Academy has long used its "Oscar" statuette design mark and its OSCAR,
OSCARS, ACADEMY AWARD, and ACADEMY AWARDS word marks (collectively, the "Marks") in interstate commerce in connection with the advertising and promotion of the annual Academy Awards ceremony and to recognize motion pictures honored by the Academy for excellence.
30.
Defendants have used and are using in commerce reproductions, copies,
facsimiles, and depictions of the Academys Marks in conducting their business in connection with their advertising, offering for sale, distribution and sale of their goods in a manner likely to cause confusion or mistake or to deceive. Defendants actions have at all times been without the Academys consent.
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31.
Defendants acts constitute trademark infringement in violation of Section 32(1)
of the Trademark Act of 1946, as amended, 15 U.S.C. 1114(1).
32.
Defendants acts complained of herein have damaged, and will irreparably
damage, the Academy. The Academy has no adequate remedy at law for these wrongs and injuries. The damage to the Academy includes harm to its goodwill and reputation in the marketplace that money damages cannot compensate. The Academy is, therefore, entitled to a preliminary and permanent injunction restraining and enjoining defendants and their agents, servants, and employees, and all persons acting thereunder, in concert therewith or on their behalf, from using the Academys Marks, or any mark including those Marks, in connection with the sale, offering for sale, distribution or advertising of goods or services, or in any manner likely to cause confusion or mistake or to deceive the trade or public as to the source or origin of defendants products.
33.
Because defendants have willfully used the Academys Marks in a manner
calculated to promote the sale or distribution of their goods and services, the Academy is entitled to recover three times defendants profits and the Academys damages, reasonable attorneys' fees, and the costs of this action pursuant to 15 U.S.C. 1117. THIRD CLAIM FOR RELIEF (False Designation of Origin -- 15 U.S.C. 1125(a))
34.
35.
Since 1929, copies of the Oscar statuette have been given by the Academy
to winners of the Academy Awards. Because the Academy Awards are highly competitive, copies of the Oscar statuette are given only in recognition of the most outstanding
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achievements in the motion picture industry. The Academy has invested substantial time, effort, and other resources to maintain the integrity of the Academy Awards and the distinctiveness of the Oscar statuette. Since long prior to the acts of defendants complained of herein, the unique and distinctive shape of the Oscar statuette has been identified by individuals in the motion picture industry, and by the general public, as emanating from the Academy and has become indelibly associated with the Academys annual Awards of Merit.
36.
Due to the distinctiveness of the Oscar statuette, and as a result of the
Academys investment of time, effort, and other resources to promote the Oscar statuette as a symbol of excellence, it now enjoys, and has long enjoyed, an exceedingly valuable goodwill.
37.
Defendants have deliberately embarked upon a course of conduct that is
deceptive, illegal, and unfair. By their use of the Academys Marks in connection with the advertising, offer for sale, distribution and sale of their products, defendants have willfully and deliberately engaged in a scheme and course of conduct to use the Oscar statuette and the Academys Marks for commercial advantage and gain. The intent, purpose, and natural effect of defendants conduct is to confuse consumers into believing that defendants products sold through advertisements depicting the Oscar statuette and using the Academy's word marks emanate from or are endorsed by the Academy.
38.
Defendants aforesaid acts constitute a false designation of origin tending to cause
confusion, mistake and to deceive as to the affiliation, connection and association of defendants products and services with the Academy. The wrongful conduct and acts of defendants alleged herein have been willful and malicious and without justification or excuse.
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39.
Defendants aforesaid acts are in violation of Section 43(a) of the Trademark Act
of 1946, as amended, 15 U.S.C. 1125(a).
40.
Defendants' conduct and acts alleged above have caused the Academy irreparable
injury, and said conduct and acts, unless enjoined by this Court, will be continued by defendants to the continued and irreparable injury of the Academy. The Academy has no adequate remedy at law. The Academy is, therefore, entitled to a preliminary and permanent injunction enjoining defendants acts of false designation of origin. The Academy is also entitled to recover its damages as well as defendants profits. FOURTH CLAIM FOR RELIEF (False Representation -- 15 U.S.C. 1125(a))
41.
42.
Defendants have impliedly misrepresented to the public in their advertising and
promotion that their products are sponsored, approved or licensed by the Academy.
43.
Defendants aforesaid acts constitute a false representation tending to falsely
represent defendants goods and services as authorized by or emanating from the Academy. Defendants actions may cause the general public to believe mistakenly that defendants products are advertised with the consent and authority of the Academy. Such misrepresentations continue to harm the Academys ability to protect the integrity and image of its name and symbol of excellence and are harming the Academys reputation.
44.
Defendants acts constitute a false representation and are a violation of Section
43(a) of the Trademark Act of 1946, as amended, 15 U.S.C. 1125(a).
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45.
Defendants acts complained of herein have damaged and will continue to
irreparably damage the Academy. The Academy has no adequate remedy at law for these wrongs and injuries. The damage to the Academy includes harm to its goodwill and reputation in the marketplace that money damages cannot compensate. The Academy is, therefore, entitled to a preliminary and permanent injunction enjoining defendants acts of false representation. The Academy is also entitled to recover its damages as well as defendants profits. FIFTH CLAIM FOR RELIEF (Trademark Dilution -- 15 U.S.C. 1125(c))
46.
47.
The Academy has used its Marks for many decades to identify its annual awards
program and achievements honored with its Award of Merit. Said Marks are famous throughout the United States and the world among members of the film and entertainment industry and the public in general.
48.
Defendants use in commerce of the Academys Marks in connection with their
goods and commercial activities has diluted and tarnished, and will continue to dilute and tarnish, the distinctive quality of the Academys Marks, all in violation of Section 43(c) of the Lanham Act, 15 U.S.C. 1125(c).
49.
Defendants acts complained of herein have damaged, and will continue to
damage, the Academy irreparably. The Academy has no adequate remedy at law for these wrongs and injuries. The damage to the Academy includes harm to the value and good will associated with its marks that money cannot compensate. The Academy is, therefore, entitled to a preliminary and permanent injunction restraining and enjoining defendants and their agents,
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servants and employees, and all persons acting thereunder, in concert therewith or on their behalf, from their commercial use in commerce of the Academys marks, or any colorable imitations thereof, in any manner likely to dilute the Academys marks.
50.
Because defendants, in using the Academys Marks in the manner described
above, willfully intended to trade on the reputation of the Academy, the Academy is entitled to recover three times defendants profits and the Academys damages, reasonable attorneys' fees, and the costs of this action pursuant to 15 U.S.C. 1117. PRAYER FOR RELIEF WHEREFORE, the Academy demands judgment:
51.
That, pursuant to 17 U.S.C. 502 and 15 U.S.C. 1125(c), defendants, as well as
all persons acting under the direction, control, permission, or authority of defendants, or any of them, and all persons acting in concert therewith, be enjoined during the pendency of this action, and permanently thereafter, from directly or indirectly manufacturing, importing, displaying, marketing, distributing, advertising, transferring, selling, auctioning, assigning, pledging, encumbering, hypothecating or in any way disposing of any facsimile, copy, replica, reproduction, picture, or depiction of the Oscar statuette, or otherwise infringing the Academys copyright or trademark in the Oscar statuette;
52.
That, pursuant to 17 U.S.C. 503 and 509, all displays, facsimiles, counterfeit
copies, replicas, reproductions, pictures, and depictions of the Oscar statuette in defendants possession, custody, or control, and all pre-fabricated displays or kits, molds, matrices or other devices used for casting, assembling, manufacturing, or reproducing defendants' counterfeit Oscar statuettes, be impounded or seized and forfeited to the United States;
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53.
That defendants pay to the Academy the full costs of this action and the
Academys reasonable attorneys fees pursuant to 17 U.S.C. 505;
54.
That the Academy recover its actual damages and defendants profits or, in the
alternative, that the Academy recover statutory damages of $150,000 for willful copyright infringement pursuant to 17 U.S.C. 504;
55.
That, pursuant to 15 U.S.C. 1114, 1116, and 1125(a) and (c), defendants, as
well as all persons acting under the direction, control, permission, or authority of defendants, or any of them, and all persons acting in concert therewith, be enjoined during the pendency of this action, and permanently thereafter, from using the Academys Oscar design mark, any depiction of the Oscar statuette, or the word marks OSCAR, OSCARS, ACADEMY AWARD, or ACADEMY AWARDS in connection with the advertising, marketing, offering for sale, distribution or sale of their goods or services, or in any manner likely to cause confusion, mistake or to deceive the trade or public or dilute the value of the Academys Marks;
56.
That the Academy recover three times the defendants profits and the Academys
damages, reasonable attorneys fees, and the costs of this action pursuant to 15 U.S.C. 1114, 1117, and 1125(a) and (c) and applicable common law; and
57.
proper.
That the Academy has such other and further relief as the Court deems just and
DEMAND FOR JURY TRIAL
58.
Plaintiff Academy of Motion Picture Arts and Sciences hereby demands trial by
jury pursuant to Fed. R. Civ. Proc. 38(b).
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SCOTT, DOUGLASS & McCONNICO, LLP 600 Congress Avenue, Suite 1500 Austin, Texas 78701-3234 Telephone: (512) 495-6300 Facsimile: (512) 474-0731 By: /s/ Asher B. Griffin Asher B. Griffin Texas Bar No. 24036684 E-Mail: agriffin@scottdoug.com Of Counsel: QUINN EMANUEL URQUHART & SULLIVAN, LLP David W. Quinto (Pro Hac Vice Pending) California Bar No. 106232 E-Mail: davidquinto@quinnemanuel.com A.J. Bedel (Pro Hac Vice Pending) California Bar No. 243603 ajbedel@quinnemanuel.com 865 South Figueroa Street, 10th Floor Los Angeles, California 90017-2543 Telephone: (213) 443-3000 Facsimile: (213) 443-3100 ATTORNEYS FOR ACADEMY OF MOTION PICTURE ARTS AND SCIENCES
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Case 1:14-cv-00116 Document 1 Filed 02/05/14 Page 1 of 15

COMPLAINT FOR COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, ET AL.

Case 1:14-cv-00116 Document 1 Filed 02/05/14 Page 2 of 15

COMPLAINT FOR COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, ET AL.

Case 1:14-cv-00116 Document 1 Filed 02/05/14 Page 3 of 15

COMPLAINT FOR COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, ET AL.

Case 1:14-cv-00116 Document 1 Filed 02/05/14 Page 4 of 15

When the Academy commissioned the production of Oscar statuettes from

In November 2013, the Academy became aware of a listing on the Internet

COMPLAINT FOR COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, ET AL.

Case 1:14-cv-00116 Document 1 Filed 02/05/14 Page 5 of 15

The Academy searched eBay's public history of completed sales made by De La

COMPLAINT FOR COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, ET AL.

Case 1:14-cv-00116 Document 1 Filed 02/05/14 Page 6 of 15

COMPLAINT FOR COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, ET AL.

Case 1:14-cv-00116 Document 1 Filed 02/05/14 Page 7 of 15

De La Rosas knowing and repeated violations of the Academys intellectual

allegation contained in paragraphs 1 through 22 above, as though set forth at length.

Defendants De La Rosa and Does 1-10 have manufactured, imported, displayed,

COMPLAINT FOR COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, ET AL.

Case 1:14-cv-00116 Document 1 Filed 02/05/14 Page 8 of 15

Defendants have used and are using in commerce reproductions, copies,

COMPLAINT FOR COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, ET AL.

Case 1:14-cv-00116 Document 1 Filed 02/05/14 Page 9 of 15

Defendants acts constitute trademark infringement in violation of Section 32(1)

of the Trademark Act of 1946, as amended, 15 U.S.C. 1114(1).

Defendants acts complained of herein have damaged, and will irreparably

Because defendants have willfully used the Academys Marks in a manner

COMPLAINT FOR COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, ET AL.

Case 1:14-cv-00116 Document 1 Filed 02/05/14 Page 10 of 15

Due to the distinctiveness of the Oscar statuette, and as a result of the

Defendants have deliberately embarked upon a course of conduct that is

Defendants aforesaid acts constitute a false designation of origin tending to cause

COMPLAINT FOR COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, ET AL.

Case 1:14-cv-00116 Document 1 Filed 02/05/14 Page 11 of 15

of 1946, as amended, 15 U.S.C. 1125(a).

Defendants have impliedly misrepresented to the public in their advertising and

Defendants aforesaid acts constitute a false representation tending to falsely

Defendants acts constitute a false representation and are a violation of Section

43(a) of the Trademark Act of 1946, as amended, 15 U.S.C. 1125(a).

COMPLAINT FOR COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, ET AL.

Case 1:14-cv-00116 Document 1 Filed 02/05/14 Page 12 of 15

Defendants acts complained of herein have damaged and will continue to

Defendants use in commerce of the Academys Marks in connection with their

Defendants acts complained of herein have damaged, and will continue to

COMPLAINT FOR COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, ET AL.

Case 1:14-cv-00116 Document 1 Filed 02/05/14 Page 13 of 15

Because defendants, in using the Academys Marks in the manner described

That, pursuant to 17 U.S.C. 502 and 15 U.S.C. 1125(c), defendants, as well as

COMPLAINT FOR COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, ET AL.

Case 1:14-cv-00116 Document 1 Filed 02/05/14 Page 14 of 15

Academys reasonable attorneys fees pursuant to 17 U.S.C. 505;

DEMAND FOR JURY TRIAL

jury pursuant to Fed. R. Civ. Proc. 38(b).

COMPLAINT FOR COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, ET AL.

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COMPLAINT FOR COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, ET AL.

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