30A Trademark Complaint

02990100.
5

IN THE UNITED STATES DISTRICT COURT FOR
THE NORTHERN DISTRICT OF FLORIDA, PENSACOLA DIVISION

30A.COM LLC )
)
Plaintiff, )
)
v. ) Civil Action No. CV-________
)
)
MAUI WAVES, INC., )
NISSIM AFUTA and )
S & D TRADING COMPANY INC. )
)
Defendants. )
VERIFIED COMPLAINT
Plaintiff, 30A.com LLC (30A.com), for its verified complaint alleges as follows:
NATURE OF ACTION
1. This is an action for unfair competition and false designation of origin under
43(a) of the Lanham Act, 15 U.S.C. 1125(a); trademark infringement and counterfeiting in
violation of 32(a) of the Lanham Act, 15 U.S.C. 1114(1); deceptive and unfair trademark
practices in violation of Fla. Stat. 501.201 et seq. and related claims for trademark
infringement and unfair competition under common law.
THE PARTIES
2. 30A.com LLC is a limited liability company organized and existing under the
laws of the State of Florida with a principal address of 1053 E. Nursery Rd. Santa Rosa Beach,
Florida 32459.
3. Upon information and belief, Maui Waves, Inc. (Maui Waves) is a Florida
corporation with its principal place of business at 10343 E. Hwy 30A, Units 121, 122 and 133,
Seacrest Village, Florida 32459.
Case 3:14-cv-00379-RV-CJK Document 1 Filed 08/15/14 Page 1 of 31

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4. Upon information and belief, S & D Trading Company Inc. (S&D Trading) is a
Florida corporation with its principal place of business at 4141 E. Highway 30A, Santa Rosa
Beach, Florida 32459.
5. Upon information and belief, Nissim Afuta (Afuta) is an individual residing in
Florida and the owner and/or controlling officer of Maui Waves and S&D Trading. Maui
Waves, S&D Trading and Afuta are hereafter referred to collectively as Defendants.
JURISDICTION AND VENUE
6. The Court has original jurisdiction over this subject matter of this action under 28
U.S.C. 1331 and 1338(a) and (b) and 15 U.S.C. 1121.
7. The Court has supplemental jurisdiction over 30A.coms state statutory and
common law claims pursuant to 28 U.S.C. 1367.
8. This Court has personal jurisdiction over Defendants because Defendants have,
inter alia, transacted business within this District, and/or committed tortious acts within this
District including, for example, committing intentional torts expressly aimed at 30A.com, a
company with its principal place of business in this District. Licciardello v. Lovelady, 554 F.3d
1280, 1288 (11th Cir. 2008).
9. Venue is proper in this District pursuant to 28 U.S.C. 1391 as the unlawful acts
of Defendants complained of herein have been committed by Defendants within this District and
have had or will have had effect in this District. Venue is proper within this division because the
unlawful acts of Defendants have been committed in this division and because all defendants are
citizens and residents of Florida and at least one defendant resides in this division.

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FACTUAL BACKGROUND
(30A.COM AND ITS TRADEMARK)
10. In January of 2007, Mike Ragsdale (Ragsdale) acquired the domain name
www.30A.com.
11. In August of 2007, Ragsdale launched a website hosted on the www.30A.com
domain name (30A Website). The purpose of the 30A Website was to assist Ragsdale with
promoting the businesses of others (Promotion Services) which happen to be located nearby
County Road 30A in Florida.
12. Ragsdale branded the Promotion Services with the following trademark, which he
displayed on the 30A Website:

(Original 30A Trademark).
13. In November of 2007, Ragsdale contracted with a design firm to have a new
trademark created as a replacement for the Original 30A Trademark. In April of 2008, Ragsdale
received the following design from the design firm:

(30A Round Blue Logo).

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14. On May 2, 2008, Ragsdale formed 30A.com. Ragsdale is the sole member of
30A.com.
15. On May 7, 2008, 30A.com filed U.S. Trademark Application Serial No.
77/467,614 for the mark 30A and Design with the United States Patent & Trademark Office
(USPTO), as shown below:

(30A and Design Mark). Following an examiners amendment to the application, the
application sought protection of the 30A and Design Mark in connection with Clothing, namely,
t-shirts, collared shirts, caps, hats, blouses, shorts, sweatshirts, boxer shorts and jackets
(30A.com Goods) and Dissemination of advertising information for others via a website,
namely, advertising information on restaurants, food, bars, nightclubs, nightlife, hotels, beaches,
resorts, real estate, rentals, fishing, boating, exercise, parks, local news, shopping, charities, and
entertainment (30A.com Services).
16. In May of 2008, 30A.com began displaying the 30A and Design Mark in
connection with the 30A.com Goods and 30A.com Services over the Internet at the 30A Website
and in selected retail stores.
17. On March 17, 2009, the distinctiveness of the 30A and Design Mark was
acknowledged by USPTO when it issued a trademark registration on the principal register for
30A and Design in connection with the 30A.com Goods and 30A.com Services, U.S.
Registration No. 3,592,837. A copy of U.S. Registration No. 3,592,837 is attached hereto as part
of Exhibit A.

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18. U.S. Registration No. 3,592,837 is valid and subsisting in law, was duly and
legally issued, is prima facie evidence of the validity of the mark registered, and constitutes
constructive notice of 30A.coms ownership of the 30A and Design Mark in accordance with
Sections 7(b) and 22 of the Federal Lanham Act, l5 U.S.C. 1115(a), 1057(b), and 1072.
Further, on June 18, 2014, the USPTO issued a Notice of Acceptance under Section 8 of the
Trademark Act, 15 U.S.C. 1058(a)(1) and Section 15 of the Trademark Act, 15 U.S.C. 1065
for U.S. Registration No. 3,592,837. Accordingly, 30A.coms rights to U.S. Registration No.
3,592,837 are Incontestable under Section 15 of the Trademark Act, 15 U.S.C. 1065. A copy
of the Notice of Acceptance is attached hereto as part of Exhibit A.
19. As described below, in the six years since 30A.com first adopted and used the
30A and Design Mark, consumer recognition of the mark has grown substantially. The 30A and
Design Mark is now regularly seen affixed to car windshields and bumpers throughout the
United States, particularly in the Southeast, and is the subject of articles published by well-
known magazines having a combined circulation in excess of 6 million. The 30A and Design
Mark has even become the subject of parody and song.
20. More particularly, in April of 2009, 30A.com was selling 30A and Design
branded clothing from eight retail locations in Florida. By February of 2012, 30A.com was
selling 30A and Design branded clothing from 25 retail locations in Florida, had distributed over
240,000 decals displaying the now famous 30A Round Blue Logo and was enjoying 80,000 fans
on the companys Facebook page.
21. In April of 2011, the 30A and Design Mark became the subject of a song when
Nashville recording artist Bryan Kennedy released the song Life Shines (The 30A Song). See
http://youtu.be/mJgu5c11ASo. Life Shines refers to a variant of the 30A and Design Mark

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used by 30A.com since August of 2008 to promote its on-line retail store featuring 30A and
Design branded products. The 30A LIFE SHINES and Design Mark is shown below:

22. In January of 2012, The Local Voice, an Oxford, Mississippi-based college
newspaper, published a parody featuring the 30A and Design Mark titled, 30A Sticker Improves
Sophomores Social Status. See http://www.thelocalvoice.net/oxford/?p=319. In the article, the
30A sticker is referred to as iconic and described as capable of garnering respect for those
who display the stickers on their cars.
23. In the February 2012 issue of Florida Travel+Life, the 30A and Design Mark was
the subject of an article which read, in part, The sense of communal pride inspires locals and
wannabes to emblazon their cars with circular Gulf-blue 30A stickers. See
http://www.floridatravellife.com/articles/what-its-live-along-highway-30a.
24. In April of 2012, the 30A and Design Mark was the subject of a Southern Living
magazine article, which included the following quotes:
Youve probably seen them round, blue 30A stickers adorning cars on
highways all over the South. More than a quarter of a million are now strewn throughout
the planet and spotted in places as far afield as Afghanistan, Uruguay and Iceland.
What started as a way for a family to welcome friends has become an important
Gulf Coast tourism tool, racking up some 150,000 unique viewers per week, a Facebook
roll call of more than 75,000 fans and Android and iPhone apps
30A.com has exploded.

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25. In April of 2012, 30A.com launched a new website at http//www.30Agear.com
from which 30A.com sold and continues to sell items including, inter alia, clothing displaying
the 30A and Design Mark.
26. In June of 2012, the 30A.com Facebook page, which prominently features the
30A and Design Mark passed 100,000 fans.
27. In July of 2012, 30A.com launched a clothing line under the 30A and Design
Mark featuring the artwork of award-winning artist Allison Wickey.
28. In August of 2012, 30A.com launched a clothing line under the 30A and Design
Mark featuring the artwork of award-winning artist Justin Lyons.
29. In November of 2012, the 30A and Design Mark was mentioned in an Atlanta
Magazine article titled, How Southern Are You? The article included a number of questions.
As shown below, question no. 24 of the article asked, Are any of the following adhered to a
vehicle you own? and was followed by the 30A and Design Mark and three other well-known
brands:

See http://30a.com/atlanta-magazine-has-a-how-southern-are-you-quiz-in-their-new-issue-check-
out-question-23/.
30. In November of 2012, 30A.com partnered with YOLO Board, the well-known
maker of stand-up paddle boards to offer a 30A and Design Mark branded standup paddle board.

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31. In an April 2013 issue of Memphis magazine, the 30A and Design Mark was
mentioned: You dont have to look very hard to notice that 30A has a strong presence in
Memphis. Whether youre on the interstate or a backroad, youre likely to spot the circular blue
logo on bumper stickers across the Mid-South.
32. In April of 2013, 30A.com and Grayton Beer Company announced a partnership
to launch 30A Beach Blonde Ale which is promoted under the 30A and Design Mark, as shown
below:

The first bottle of 30A Beach Blonde Ale rolled off the bottling line at Grayton Beer Company in
February of 2014 and quickly became one of the best-selling craft beers in Northwest Florida.
Further, the distinctiveness of the 30A and Design Mark, when used in connection with beer, was
acknowledged by USPTO when it issued a trademark registration on the principal register for
30A and Design in connection with beer, U.S. Registration No. 4,585,336, on August 12, 2014.
A copy of U.S. Registration No. 4,585,336 is attached hereto as Exhibit B.
33. In May of 2013, television station WEAR-ABC in Pensacola aired a spot about
30A.com and the 30A and Design Mark in which the announcer stated, A website that started to
promote a small stretch of coastline is fast becoming an international brand and 30A is more
than just a road in Florida.

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34. In an April 2014 issue of U.S. Airways Magazine, the 30A and Design Mark was
featured in an article. The article read in part, The bright blue circles appear on cars hundreds
of miles from their source. A mystery to many, the stickers trigger fond memories for those
familiar with one of Americas most rewarding coastal drives: Highway 30A in the Florida
Panhandle. For them, 30A means good times on the Gulf Coast.
35. In July of 2014, a 30A and Design Mark branded coffee was launched by
30A.coms licensee, Amavida Coffee and tea:

36. Since launching the website at http://www.30AGear.com in April of 2012,
30A.com has shipped over 5,000 Official 30A Gear orders to all 50 states and Guam. The
30A.com Facebook page, which prominently displays the 30A and Design Mark, now has over
295,000 fans in cities across the U.S. and around the world.
37. As shown below, the 30A and Design Mark is now used to brand a large number
of goods including clothing, paddle boards, smart phone pockets, magnets, stickers, beer, coffee,
blankets, hats, luggage tags, bottles, jars, golf balls, cups, discount cards, cup holders, beach
chairs, towels, key chains, dog leashes, jewelry, pet collars, tire covers, books, car tags,
Christmas ornaments, mobile phone software applications and coasters (collectively, 30A and
Design Branded Goods):

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38. 30A.com has invested substantial resources in promoting its goods and services
under the 30A and Design Mark throughout the United States. Through these and related efforts,
consumers have come to recognize the 30A and Design Mark and associate such proprietary
indicia with 30A.com.
DEFENDANTS AND THEIR WRONGFUL CONDUCT
39. Upon information and belief, Afuta is an owner and/or controlling officer of Maui
Waves and S&D Trading.
40. Defendants are in the business of operating retail store locations from which
clothing and other items are sold. The store locations operate under the names Maui Waves
and Snappy Turtle.
41. In July of 2010, Ragsdale learned that Afuta had copied the 30A and Design Mark
and was displaying a replica of 30A and Design Mark on productsincluding, but not limited to
clothingin a Snappy Turtle store (Counterfeit Goods). After learning of Afutas
unauthorized adoption and use of the 30A and Design Mark, Ragsdale notified Afuta of

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30A.coms exclusive rights in the 30A and Design Mark and U.S. Registration No. 3,592,837.
Subsequent to the notice of their infringement, Defendants eventually ceased use of the replica of
the 30A and Design mark and removed the Counterfeit Goods from store shelves.
42. In June of 2014, Ragsdale learned that Defendants had again knocked-off the 30A
and Design Mark by offering for sale clothing depicting a slightly altered and confusingly similar
version of the 30A and Design Mark, as shown below:

(Infringing Mark). As evidenced in the foregoing photograph, Defendants display the TM
symbol in connection with the Infringing Mark thereby asserting that the Infringing Mark is and
functions as a trademark.
43. The clothing depicting the Infringing Mark (Infringing Clothing) is distributed
by Exist, Inc. and possibly other companies. Upon information and belief, Afuta induced and
continues to induce Exist, Inc. and others to manufacture and/or distribute the Infringing

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Clothing with full knowledge of 30A.coms exclusive rights in the 30A and Design Mark and
U.S. Registration No. 3,592,837.
44. In response to Maui Waves unauthorized use of the 30A and Design Mark,
counsel for 30A.com forwarded a letter to Afuta on June 13, 2014, requesting that Defendants
cease use of the Infringing Mark in view of 30A.coms rights in the 30A and Design Mark and
U.S. Registration No. 3,592,837.
45. By way of a letter dated July 14, 2014, Afuta communicated his refusal to cease
use of the Infringing Mark and notified 30A.coms counsel that S&D Trading filed a federal
trademark application on June 10, 2014, for the Infringing Mark, U.S. Application Ser. No.
86/306,015 for wearing apparel, as shown below:

In his letter, Afuta wrongfully claimed that the Infringing Mark was the subject of a federal
trademark registration. Counsel for 30A.com notified Afuta that the Infringing Mark is not
federally registered.
46. On July 16, 2014, Ragsdale and Afuta met to discuss Defendants use of the
Infringing Mark. During that meeting, Afuta represented that he intended to continue selling the
Infringing Clothing and threatened to display the Infringing Mark in connection with additional
goods. Afuta further represented that he intended to open an Everything 30A Store from
which he would offer for sale many products displaying the Infringing Mark.

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47. Making good on his threats, Afuta has since increased the number of items on
which he is displaying the Infringing Mark. For example, on or about July 19, 2014, Afuta
created a Facebook page under the name VISIT 30A TODAY where he displayed the Infringing
Mark and promoted items such as decals or magnets branded with the Infringing Mark
(Infringing Decals). The Infringing Decals included the federal trademark notice, although
Defendants do not own a federal trademark registration for the Infringing Mark. Screenshots
from the VISIT 30A TODAY Facebook page are provided below:


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At 30A.coms request Facebook shutdown the VISIT 30A TODAY Facebook page on the basis
the page included content that infringes upon 30A.coms rights in the 30A and Design Mark.

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48. On or about July 21, 2014, Maui Waves received a shipment of shirts and other
items such as visors, hats, and beach towels, all of which display the Infringing Marks. A
photograph of the infringing beach towels is shown below:

The beach towels and other items displaying the Infringing Mark are, in combination with the
Infringing Clothing, Counterfeit Goods and Infringing Decals, collectively referred to as the
Infringing Goods.

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49. Not content to simply copy and knock-off 30A.coms 30A and Design Mark,
Defendants, on or about July 29, 2014, placed the following sign in front of a Maui Wave store
location:

Despite knowing that the Infringing Mark is not a federally registered trademark, Defendants
placed the federal trademark notice on the sign. Upon information and belief, Defendants are
using the word Official on signage and displaying the federal trademark notice in
connection with the Infringing Mark to mislead consumers into believing that Defendants are
somehow affiliated with, endorsed by, or sponsored by 30A.com, when in fact they are not.

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50. Recently, Defendants have displayed and used the Infringing Mark in connection
with marketing as follows:


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51. As shown in the following side-by-side comparisons of the 30A Design and Mark
and the Infringing Mark, Defendants currently are using the Infringing Mark in connection with
the sale of the same goods that bear the 30A Design and Mark:


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52. 30A.com customers have been confused by Defendants Infringing Mark and
Infringing Goods and have bought Infringing Goods when they were instead seeking to buy
products bearing the 30A Design and Mark. See Affidavit attached hereto as Exhibit C.
53. Upon information and belief, Defendants adopted the Infringing Mark with the
intent of tarnishing and/or damaging the 30A and Design Mark and causing confusion among
customers intending to purchase 30A.coms 30A and Design Branded Goods.
54. Upon information and belief, Defendants are knowingly using the Infringing
Mark to tarnish and/or damage the 30A and Design Mark and cause confusion among customers
intending to purchase 30A.coms 30A and Design Branded Goods.

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55. If Defendants are allowed to continue using the Infringing Mark, including
expanding its use to additional good and services as threatened by Afuta, the value of the 30A
and Design Mark will be diminished and consumers will continue to mistakenly believe that
Defendants are affiliated with or sponsored or endorsed by 30A.com, which they are not.
56. Upon information and belief, Defendants have diverted consumers from 30A.com
and benefited monetarily from using the Infringing Mark.
57. Defendants are not now and have never been authorized or licensed in any way by
30A.com to use or exploit the 30A and Design Mark or any mark similar thereto.
COUNT I
UNFAIR COMPETITION, FALSE DESIGNATIONS OF ORIGIN AND FALSE AND
MISLEADING DESCRIPTIONS AND REPRESENTATIONS
58. 30A.com realleges all previous paragraphs of this Complaint as if fully set forth
herein.
59. Defendants use of the Infringing Mark constitutes unfair competition pursuant to
15 U.S.C. 1125(a). Defendants use of the Infringing Mark is deceptive and likely to cause
confusion and mistake among consumers. Defendants unfair competition has caused and will
continue to cause damage to 30A.com.
60. Upon information and belief, Defendants actions are undertaken for the willful
and calculated purpose of destroying 30A.coms goodwill in its products and services and for the
willful and calculated purpose of misleading and deceiving the public and to steal 30A.coms
customers.
61. The activities of Defendants have caused and will cause irreparable harm to
30A.com for which 30A.com has no adequate remedy at law. Accordingly, 30A.com is entitled
to injunctive relief pursuant to 15 U.S.C. 1116(a).

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62. In addition to 30A.coms actual damages, 30A.com is entitled to receive
Defendants profits pursuant to 15 U.S.C. 1117(a).
63. 30A.com is also entitled to recover its attorneys fees and costs of suit pursuant to
15 U.S.C. 1117.
COUNT II
FEDERAL TRADEMARK INFRINGEMENT
herein.
65. Defendants use of the Infringing Mark comprises an infringement of 30A.coms
registered trademark 30A and Design, U.S. Registration No. 3,592,837, is deceptive and likely to
cause confusion and mistake among the public as to the identity and origin of 30A.coms goods
and services.
willful and calculated purpose of misleading and deceiving the public and stealing 30A.coms
customers.
67. By reason of the foregoing acts, Defendants are liable to 30A.com for trademark
infringement under 15 U.S.C. 1114.
68. The activities of Defendants have caused and will cause irreparable harm to
30A.com for which 30A.com has no adequate remedy at law. Accordingly, 30A.com is entitled
to injunctive relief pursuant to 15 U.S.C. 1116(a).
69. In addition to 30A.coms actual damages, 30A.com is entitled to receive
Defendants profits pursuant to 15 U.S.C. 1117(a).

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70. 30A.com is also entitled to recover its attorneys fees and costs of suit pursuant to
15 U.S.C. 1117.
COUNT III
TRADEMARK COUNTERFEITING
herein.
72. Defendants use of replica of 30A.coms registered trademark 30A and Design,
U.S. Registration No. 3,592,837, is deceptive and likely to cause confusion and mistake among
the public as to the identity and origin of 30A.coms goods and services.
willful and calculated purpose of misleading and deceiving the public and stealing 30A.coms
customers.
74. By reason of the foregoing acts, Defendants are liable to 30A.com for trademark
counterfeiting under 15 U.S.C. 1114.
75. The activities of Defendants have caused and will continue to cause irreparable
harm to 30A.com for which 30A.com has no adequate remedy at law. Accordingly, 30A.com is
entitled to injunctive relief pursuant to 15 U.S.C. 1116(a).
76. 30A.com is entitled to recover its attorneys fees, costs of suit, treble damages
and/or statutory damages pursuant to 15 U.S.C. 1117.

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COUNT IV
COMMON LAW TRADEMARK INFRINGEMENT
herein.
78. 30A.com, by virtue of its prior adoption and use of the 30A and Design Mark and
30A Round Blue Logo in interstate commerce, has acquired, established and owns valuable
common law rights in the 30A and Design Mark and 30A Round Blue Logo, which serve to
identify the goods and services offered by 30A.com alone, and the goods and services offered in
connection with that mark are regarded by the public as being offered by, sponsored by,
approved by, authorized by, associated with, or affiliated with 30A.com.
79. Defendants have acquired and are using the 30A and Design Mark and 30A
Round Blue Logo, without authorization, in commerce in connection with the advertising or
promotion of the Infringing Goods and related services, and such use is deceptive and likely to
cause confusion and mistake among consumers as to the true source or sponsorship of such
goods and related services.
80. Defendants conduct constitutes trademark infringement in violation of the
common law of the State of Florida.
81. As a direct and proximate result of Defendants trademark infringement, 30A.com
has suffered actual and irreparable injury for which no adequate remedy exists at law.
82. Defendants wrongful conduct will continue to cause such injury unless enjoined
by this Court.

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COUNT V
UNFAIR COMPETITION
herein.
84. Defendants, by their conduct described above, is using in commerce in Florida a
colorable imitation of 30A.coms 30A and Design Mark and 30A Round Blue Logo in
connection with advertising, sale, offering for sale and distribution of the Infringing Goods.
Defendants use of the Infringing Mark constitutes passing off, infringement and
misappropriation of 30A.coms 30A and Design Mark and 30A Round Blue Logo, all in
violation of the law of unfair competition.
COUNT VI
UNFAIR COMPETITION
herein.
86. 30A.com and Defendants are commercial competitors. Defendants actions as
described above constitute deceptive and unfair trade practices as defined in Fla. Stat.
501.203(a)-(c).
87. 30A.com does not have an adequate remedy at law, and will continue to be
damaged by Defendants actions unless this Court enjoins Defendants from such business
practices. 30A.com is entitled to recover its attorneys fees and costs and provided by Fla. Stat.
501.2105

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PRAYER FOR RELIEF
WHEREFORE, 30A.com respectfully prays that:
1. The Court enter a judgment that the 30A and Design Mark and 30A Round Blue
Logo are valid and enforceable, and that Defendants, as a result of their unauthorized use of the
30A and Design Mark, and 30A Round Blue Logo and/or the Infringing Mark, have:
a. infringed 30A.coms rights in the 30A and Design Mark, U.S.
Registration 3,592,837, in violation of 15 U.S.C. 1114(1), and the common law
of the State of Florida;
b. engaged in trademark counterfeiting of the 30A and Design Mark,
U.S. Registration No. 3,592,837, in violation of U.S.C. 1114(1).
c. engaged in unfair competition with 30A.com in violation of the
Federal Lanham Act, 15 U.S.C. 1125(a)(1)(A) and the common law of the State
of Florida; and
e. engaged in deceptive and unfair trade practices as defined in Fla.
Stat. 501.203(3)(a)-(c).
2. Defendants and their agents, officers, suppliers, distributors, employees,
representatives, successors, assigns, attorneys and all other persons acting for, with, by, through
or under authority from Defendants, and each of them, be temporarily and permanently enjoined
from:
a. using 30A.coms 30A and Design Mark, 30A Round Blue Logo or
any colorable imitation thereof;
b. using any trademark that imitates or is confusingly similar to or in
any way similar to said trademarks, or that is likely to cause confusion, mistake,

02990100.5 28

deception, or public misunderstanding as to the origin of 30A.coms products and
services or their connectedness to Defendants;
c. passing off or inducing or enabling others to sell or pass off any
goods or services that are not authorized by 30A.com as goods or services
sponsored or endorsed by, associated or affiliated with 30A.com;
d. registering, trafficking in or using any State or Federal trademark
that incorporates 30A.coms 30A and Design Mark, and 30A Round Blue Logo
or any colorable imitation thereof;
e. diluting the distinctive quality of the 30A and Design Mark and
30A Round Blue Logo;
f. displaying the Infringing Mark in connection with any
advertisement or promotion including, without limitation, on printed materials
such as signs or over the Internet;
g. displaying, offering for sale and selling the Infringing Goods and
Infringing Clothing;
h. registering, trafficking in or using any domain name that includes
the term 30A, whether alone or in combination with other text, words, letters or
numbers; and
i. otherwise using any trademark that includes the term 30A,
whether alone or in combination with other text, words, letters or numbers, in
connection with clothing, paddle boards, smart phone pockets, magnets, stickers,
beer, coffee, blankets, hats, luggage tags, bottles, jars, golf balls, cups, discount
cards, cup holders, beach chairs, towels, key chains, dog leashes, jewelry, pet

02990100.5 29

collars, tire covers, books, car tags, Christmas ornaments, mobile phone software
applications or coasters or the dissemination of advertising information for others
via a website, namely, advertising information on restaurants, food, bars,
nightclubs, nightlife, hotels, beaches, resorts, real estate, rentals, fishing, boating,
exercise, parks, local news, shopping, charities, and entertainment.
3. A judgment that, pursuant to 15 U.S.C. 1117, Defendants be held liable for all
damages suffered by 30A.com resulting from the acts alleged herein and that such damages be
trebled;
4. Pursuant to 15 U.S.C. 1117, Defendants be compelled to account to 30A.com
for any and all profits derived by them from their illegal acts complained of herein;
5. Defendants be ordered pursuant to 15 U.S.C. 1118 to deliver up for destruction
all containers, labels, signs, prints, packages, wrappers, receptacles, advertising, promotional
material or the like in possession, custody or under the control of Defendants bearing a
trademark found to infringe 30A.coms trademark rights, as well as all plates, matrices, and other
means of making the same;
6. Defendants be ordered to submit a report in writing under oath setting forth in
detail the manner and form in which Defendants have complied with the injunction, as provided
by Section 34(a) of the Lanham Act;
7. Defendants be ordered to publically display corrective advertising for informing
consumers of their unauthorized use of 30A.coms trademarks and lack of affiliation with, or
sponsorship or endorsement by, 30A.com;
8. Defendants be ordered to pay an award of damages in an amount to be determined
at trial, plus pre- and post- judgment interest;

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9. Defendants be ordered to pay an award of punitive damages as allowable under
the law;
10. Instead of actual damages and profits and at 30A.coms discretion, Defendants be
ordered to pay an award of statutory damages pursuant to 15 U.S.C. 1117(c);
11. The Court declare this to be an exceptional case and award 30A.com its full costs
and reasonable attorneys fees pursuant to 15 U.S.C. 1117;
12. The Court grant 30A.com any other remedy to which it may be entitled as
provided for in 15 U.S.C. 1116 and 1117 or under state law; and
13. The Court grant 30A.com such and other further relief that the Court deems just
and proper.
JURY DEMAND
Plaintiff hereby demands a trial by jury of all issues in this case.
DATED this 15th day of August, 2014.
Respectfully submitted,

/s/ Scott A. Remington
SCOTT A. REMINGTON
Florida Bar No. 122483
TREVOR A. THOMPSON
Florida Bar No. 0068006
CLARK, PARTINGTON, HART, LARRY,
BOND & STACKHOUSE
P. O. Box 13010
Pensacola, FL 32591-3010
Tel: 850-434-9200
Fax: 850-432-7340
Attorneys for Plaintiff, 30A.com LLC


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