Victoria's Secret v. Hollywood Entertainment - Complaint PDF

Case 2:15-cv-08704-RGK-AS Document 1 Filed 11/06/15 Page 1 of 23 Page ID #:1
1
2
3
4
5
6
7
8
CHRISTOPHER S. RUHLAND (SBN 175054)

Email: christopher.ruhland@dechert.com
MICHELLE M. RUTHERFORD (SBN 268669)
Email: michelle.rutherford@dechert.com
DECHERT LLP
US Bank Tower
633 West 5th Street
37th Floor
Los Angeles, CA 90071-2013
Telephone: +1 213 808 5700
Facsimile: +1 213 808 5760
Attorneys for Plaintiff
Victorias Secret Stores Brand Management, Inc.
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
9
10
11
Victorias Secret Stores Brand

Management, Inc.,
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Plaintiff,
v.
Hollywood Entertainment Group LLC
d/b/a VIP Concierge, Inc., and Craig
Banaszewski.
Defendants.
Case No. 2:15-CV- 8704

COMPLAINT FOR:
(1) FEDERAL REGISTERED
TRADEMARK INFRINGEMENT
(15 U.S.C. 1114);
TRADEMARK DILUTION (15
U.S.C. 1125(C));
(3) FEDERAL UNFAIR COMP. (15
U.S.C. 1125 (A);
COPYRIGHT INFRINGEMENT (17
U.S.C. 106);
(5) CALIFORNIA REGISTERED
TRADEMARK INFRINGEMENT;
(6) CALIFORNIA REGISTERED
TRADEMARK DILUTION;
(7) CAL BUS. & PROF. CODE 17200
(8) COMMON LAW UNFAIR
COMPETITION;
(9) COMMON LAW TRADEMARK
INFRINGEMENT
(10) INTERFERENCE WITH
CONTRACT
DEMAND FOR JURY TRIAL
28
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
COMPLAINT
1
2
Plaintiff Victorias Secret Stores Brand Management, Inc. (Victorias

Secret) alleges as follows:
3
4
JURISDICTION
1.
This is a civil action for trademark infringement, dilution, and unfair
competition under the Lanham Act 15 U.S.C. 1051 et seq., copyright
infringement under 17 U.S.C. 101, et seq., California Business and Professions
Code 14200, 17200 et seq., and California common law. The Court has subject
matter jurisdiction over the trademark and copyright claims pursuant to 28 U.S.C.
1331 and 1338 and supplemental jurisdiction over the remaining claims pursuant
10
11
to 28 U.S.C. 1367.
2.
Venue is proper in this Court under 28 U.S.C. 1391(b) and (c).
12
13
PARTIES
3.
Victorias Secret is a corporation organized and existing under the
14
laws of the State of Delaware with its principal place of business at Three Limited
15
Parkway, Columbus, Ohio 43230.
16
4.
Victorias Secret owns numerous federally registered trademarks,
17
including the famous VICTORIAS SECRET and VICTORIAS SECRET
18
FASHION SHOW trademarks, used in connection with womens apparel,
19
including intimate apparel, casual and sport/athletic apparel, beauty products and a
20
variety of other products and services.
21
5.
Victorias Secret uses these trademarks in connection with the well-
22
known Victorias Secret catalogue, the website www.victoriassecret.com, and the
23
acclaimed Victorias Secret Fashion Show, a televised event featuring the
24
Victorias Secret Angel supermodels, which has become an annual highlight of
25
the fashion industry.
26
6.
On information and belief, Defendant Hollywood Entertainment
27
Group LLC is a Nevada limited liability company with its principal place of
28
business located at 9107 Wilshire Boulevard, Suite 450, Beverly Hills, CA 90210.
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
-1-
COMPLAINT
Hollywood Entertainment Group LLC does business under the trade name VIP
Concierge, Inc. It is a ticket broker for entertainment, sporting, and other events,
and sells tickets at a substantial premium above face value. It has sold such tickets
in every state of the United States, including California, through its website,
www.thevipconcierge.com, Facebook, Craigslist, and various other online media.
7.
Craig Banaszewski is an individual residing in Los Angeles,
California and is the owner and managing member of Hollywood Entertainment
Group LLC.
9
10
DEFENDANTS UNLAWFUL CONDUCT

8.
Without authorization or consent and in direct violation of the terms
11
under which tickets to the Victorias Secret Fashion Show are issued, Craig
12
Banaszewski and Hollywood Entertainment Group LLC d/b/a VIP Concierge
13
(Defendants) are advertising, marketing, and offering for sale non-transferrable
14
tickets to the 2015 Victorias Secret Fashion Show (the Fashion Show).
15
9.
Defendants have repeatedly represented themselves as authorized to
16
sell tickets to the 2015 Victorias Secret Fashion Show and are using both the
17
VICTORIAS SECRET and VICTORIAS SECRET FAHSION SHOW
18
trademarks, along with Victorias Secrets goodwill, to prop up these false
19
representations and market and sell these non-transferrable tickets.
20
10.
Defendants are well aware that the invitation and tickets to the Fashion
21
Show are non-transferrable and only authorized and confirmed invitees will receive
22
admission. Invitations and tickets to the Fashion Show are not for sale to the
23
general public.
24
11.
The terms under which all invitations and tickets to the Fashion Show
25
are issued are made clear in at least two communications. First, Victorias Secret
26
sends an invitation to an exclusive list of authorized invitees through its authorized
27
agent, media relations firm KCD. The authorized invitation states:
28
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
-2-
COMPLAINT
This invitation is non-transferrable and will not provide admission.
RSVP is required and a government-issued ID must be presented upon
arrival.
12.
Once an authorized invitee responds directly to KCD and accepts the
invitation, he receives an email detailing the terms of admission to the Fashion
Show. The email states:
Tickets are non-transferable and guests MUST present a government-
issued photo identification which matches the name on our list in order
to gain entry into the venue. If the above name does not match your
10
ID, please let us know immediately so we can update our records. If
11
the name presented on the government-issued ID does not match, you
12
will not be permitted into the show. There are no exceptions.
13
13.
In clear violation of the ticket and admission terms, Defendants are
14
using the VICTORIAS SECRET and VICTORIAS SECRET FASHION
15
SHOW trademarks on their website and Facebook page to transfer and offer for
16
sale non-transferrable tickets to the most anticipated fashion event of the year the
17
Victorias Secret Fashion Show 2015 and exclusive After Party. Exhibit A
18
(Defendants unauthorized advertisements and links to purchase tickets to the
19
Fashion Show on their website and Facebook page).
20
14.
Defendants unlicensed and unauthorized use of the VICTORIAS
21
SECRET and VICTORIAS SECRET FASHION SHOW trademarks in the
22
advertising, marketing, distribution, and sale of non-transferrable tickets violates
23
Victorias Secrets trademark rights.
24
FIRST CLAIM FOR RELIEF
25
[Trademark Infringement 15 U.S.C. 1114]
26
27
15.
Victorias Secret realleeges and incorporates by reference the
allegations set forth in paragraphs 1-14 above.
28
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
-3-
COMPLAINT
16.
Victorias Secret is the owner of numerous federal trademark
registrations for the VICTORIAS SECRET and VICTORIAS SECRET
FASHION SHOW trademarks, including United States trademark registration
numbers 1146199, 1908042, 2455260, 3480533, 4029090, 4649331, 4648929,
4649269, 75208463, 77569587, 78667104, and 85865768.
17.
Defendants are using in commerce, both within California and
interstate, reproductions, counterfeits, copies, or colorable imitations of one or more
of Victorias Secrets federally registered trademarks in connection with the
advertisement, display, promotion, marketing, distribution, sale and/or offer for sale
10
of Defendants goods and services.
11
18.
Victorias Secret has not authorized Defendants use of its trademarks.
12
19.
Defendants unauthorized use of any one of the Victorias Secret
13
trademarks is likely to cause confusion, or to cause mistake, or to deceive, in
14
violation of 15 U.S.C. 1114(1).
15
16
17
18
19
20
21
20.
Defendants acted willfully, with the intent to harm Victorias Secret,
and to trade on its reputation and goodwill.

21.
On information and belief, Defendants have profited from the
infringing conduct.
22.
Victorias Secret has suffered damages resulting from Defendants
infringing conduct.
23.
By reason of Defendants infringing conduct, Victorias Secret has
22
suffered, is suffering, and will continue to suffer irreparable harm and, unless
23
Defendants are enjoined, the harm will continue. Victorias Secret has no adequate
24
remedy at law.
25
SECOND CLAIM FOR RELIEF
26
[Dilution of Famous Mark 15 U.S.C. 1125(c)]
27
28
24.
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
-4-
COMPLAINT
25.
As a result of Victorias Secret continuous promotion of its goods and
services in conjunction with the VICTORIAS SECRET and VICTORIAS
SECRET FASHION SHOW trademarks and the substantial investment in building
the strength and recognition of them, the trademarks have become famous.
26.
Defendants use in commerce of the VICTORIAS SECRET and
VICTORIAS SECRET FASHION SHOW trademarks began after they became
famous and Defendants conduct has caused dilution of the distinctive quality of the
marks, in violation of 15 U.S.C. 1125(c).
27.
Defendants acts of dilution are blurring the distinctiveness of the
10
VICTORIAS SECRET and VICTORIAS SECRET FASHION SHOW
11
trademarks and tarnishing the reputation and goodwill of them.
12
13
14
28.
This dilution is a direct result of Defendants use of the trademarks to
market and sell their goods and services.

29.
On information and belief, Defendants intended to trade on Victorias
15
Secrets reputation and/or to cause dilution of the famous VICTORIAS
16
SECRET and VICTORIAS SECRET FASHION SHOW trademarks.
17
18
19
30.
unlawful and willful dilution of Victorias Secrets federally registered trademarks.

31.
20
21
22
remedy at law.
23
THIRD CLAIM FOR RELIEF
24
[Unfair Competition 15 U.S.C. 1125(a)]
25
26
32.
27
28
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
-5-
COMPLAINT
33.
Victorias Secrets use of the VICTORIAS SECRET and
VICTORIAS SECRET FASHION SHOW trademarks in the United States
predates any use by Defendants.
34.
35.
violation of 15 U.S.C. 1125(a).
36.
On information and belief, Defendants have misappropriated
Victorias Secrets substantial rights in and to the VICTORIAS SECRET and
10
VICTORIAS SECRET FASHION SHOW trademarks as well as the goodwill
11
associated with them. Unless restrained and enjoined by this Court, the
12
Defendants conduct will permit them to gain an unfair competitive advantage,
13
enjoy the selling power and reputation of the Victorias Secret trademarks, and
14
allow Defendants to claim the tickets they offer for sale have approved or
15
authorized for such sale by Victorias Secret and are valid tickets.
16
17
18
37.
infringing conduct and unfair competition.

38.
On information and belief, the acts of Defendants described in this
19
complaint have been committed with the intention of deceiving and misleading the
20
public and with the intention of causing harm to Victorias Secret.
21
39.
22
23
24
remedy at law.
25
FOURTH CLAIM FOR RELIEF
26
[Copyright Infringement 17 U.S.C. 101 et seq.]
27
28
40.
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
-6-
COMPLAINT
41.
Victorias Secret owns the copyright to each Victorias Secret Fashion
Show and retains the exclusive right to reproduce and distribute the Fashion Show
and all derivative works based on the copyright, which includes federal copyright
registration numbers PA0001892524, PA0001892526, PA0001892527, and
PA0001888823.
42.
Defendants have reproduced and distributed, and continue to
reproduce and distribute photographs from various copyrighted Victorias Secret
Fashion Shows in connection with their advertisement and sale of unauthorized
tickets to the 2015 Fashion Show. Exhibit A, pp. 18-22.
10
43.
In making the foregoing unauthorized reproductions and distributions,
11
Defendants have willfully infringed Victorias Secrets copyrights in violation of 17
12
U.S.C. 106 and 501.
13
44.
On information and belief, Defendants have received illicit profits and
14
wrongful gains as a result of their infringement and misappropriation of the
15
copyrighted photographs.
16
45.
Defendants ongoing infringement and misappropriation, unless
17
enjoined, will cause irreparable harm, damage, and injury to Victorias Secret.
18
Victorias Secret has no adequate remedy at law.
19
FIFTH CLAIM FOR RELIEF
20
[Trademark Infringement California Business and Professions Code 14245]
21
22
23
46.

47.
Defendants are using in commerce reproductions, counterfeits, copies,
24
or colorable imitations of one or more of Victorias Secrets federally registered
25
trademarks in connection with the advertisement, display, promotion, marketing,
26
distribution, sale and/or offer for sale of their goods and services.
27
48.
28
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
-7-
COMPLAINT
49.
violation of California Business and Professions Code 14245.
4
5
6
7
8
9
10
50.
and to trade on Victorias Secrets reputation and goodwill.

51.
On information and belief, Defendants profited from their infringing
conduct.
52.
infringing conduct.
53.
11
12
13
remedy at law.
14
SIXTH CLAIM FOR RELIEF
15
[Trademark Dilution California Business and Professions Code 14247]
16
17
18
54.
Victorias Secret realleges and incorporates by reference the

55.
As a result of Victorias Secret continuous promotion of its goods and
19
services in conjunction with the VICTORIAS SECRET and VICTORIAS
20
SECRET FASHION SHOW trademarks and the substantial investment in building
21
the strength and recognition of them, the trademarks have become famous.
22
56.
Defendants use in commerce of the trademarks began after they
23
became famous and has caused dilution of the distinctive quality of the marks, in
24
violation of California Business and Professions Code 14247.
25
57.
Defendants acts of dilution are blurring the distinctiveness of the
26
VICTORIAS SECRET and VS trademarks and tarnishing the reputation and
27
goodwill of them.
28
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
-8-
COMPLAINT
1
2
3
58.
This dilution is a direct result of Defendants use of the trademarks to
market and sell their goods and services.

59.
On information and belief, Defendants intended to trade on Victorias
Secrets reputation and/or to cause dilution of the famous VICTORIAS
SECRET and VICTORIAS SECRET FASHION SHOW trademarks.
6
7
8
9
60.
Victorias Secret has suffered and will continue to suffer damages as a
result of Defendants infringing conduct.

61.
10
11
remedy at law.
12
SEVENTH CLAIM FOR RELIEF
13
[California Business & Professions Code 17200 et seq.]
14
15
16
62.
Victorias Secret realleges and incorporates herein by reference the
allegations in paragraphs 1 through 61.

63.
Defendants have willfully, knowingly, and intentionally engaged in
17
unfair business practices in violation of California Business & Professions Code
18
17200 et seq. On information and belief, Defendants fraudulently, and in violation
19
of federal and state trademark laws, sold and offered for sale tickets to the 2015
20
Victorias Secret Fashion Show by falsely implying that the unauthorized tickets
21
were valid and transferrable and that Defendants have been authorized by Victorias
22
Secret to sell them.
23
24
25
64.
On information and belief, Defendants have profited from their
unlawful conduct.
65.
As a result of Defendants unlawful conduct, Victorias Secret has
26
27
28
remedy at law.
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
-9-
COMPLAINT
EIGHTH CLAIM FOR RELIEF
[Common Law Unfair Competition]
3
4
5
66.

67.
Defendants, by virtue of the acts as alleged above, have willfully,
knowingly, and intentionally engaged in acts of unfair competition under the
common law of the State of California.
8
9
10
68.
As a direct and proximate cause of Defendants conduct, Victorias
Secret has sustained damages and Defendants have received wrongful gains.
69.
By reason of Defendants conduct, Victorias Secret has suffered, is
11
suffering, and will continue to suffer irreparable harm and, unless Defendants are
12
enjoined, the irreparable harm will continue. Victorias Secret has no adequate
13
remedy at law.
14
NINTH CLAIM FOR RELIEF
15
[Common Law Trademark Infringement]
16
17
18
70.

71.
By reason of Victorias Secrets continuous use and promotion of the
19
VICTORIAS SECRET and VICTORIAS SECRET FASHION SHOW
20
trademarks, as well as the distinctiveness of the marks, consumers associate and
21
recognize the marks as representing a single source or sponsor of goods and,
22
therefore, the trademarks are protectable trademarks at common law.
23
24
72.
Victorias Secrets common law trademark rights are superior to any
rights that Defendants may claim in and to said marks.
25
73.
26
74.
Defendants unauthorized use of any VICTORIAS SECRET and
27
VICTORIAS SECRET FASHION SHOW trademarks is likely to cause
28
confusion, or to cause mistake, or to deceive, in violation of the common law.
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
- 10 -
COMPLAINT
1
2
3
4
5
6
7
75.
and to trade on Victorias Secrets reputation and goodwill.

76.
On information and belief, Defendants profited from their infringing
conduct.
77.
infringing conduct.
78.
10
remedy at law.
11
79.
Defendants infringing conduct is willful, wanton, malicious,
12
oppressive, and in conscious disregard of Victorias Secrets rights in its trademarks
13
and justifies imposition of punitive and exemplary damages under California Civil
14
Code 3294.
15
TENTH CLAIM FOR RELIEF
16
[Common Law Interference with Contractual Relationships]
17
18
19
80.

81.
Acceptance of an invitation to the Victorias Secret Fashion
20
Defendants are aware of the contracts between Victorias Secret and authorized
21
ticket holders.
22
82.
Defendants are aware that the Victorias Secret Fashion Show
23
invitation and ticket email both provide that the tickets are by invitation only, non-
24
transferrable and not for sale to the general public.
25
26
27
28
83.
On information and belief, Defendants are also aware that the terms
under which tickets are issues expressly prohibit their transfer.

84.
On information and belief, Defendants intentionally induced
authorized invitation and/or ticket holders to breach their contracts by transferring
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
- 11 -
COMPLAINT
and/or selling Victorias Secret Fashion Show invitations and/or tickets to
Defendants and/or to their customers.
85.
On information and belief, certain authorized invitation and/or ticket
holders have in fact breached their contracts with Victorias Secret by purchasing
tickets to the show with no intention of honoring the obligations and restrictions on
transfer contained therein. On further information and belief, certain authorized
ticket holders have transferred and/or sold their Victorias Secret Fashion Show
tickets to defendants or their customers. These ticket holders have repudiated the
obligations and restrictions in their contracts with the Victorias Secret Fashion
10
Show.
11
86.
12
damages.
13
87.
As a result of Defendants interference, Victorias Secret has suffered
By reason of Defendants conduct, Victorias Secret has suffered, is
14
suffering, and will continue to suffer irreparable harm and, unless Defendants are
15
enjoined, the harm will continue. Victorias Secret has no adequate remedy at law.
16
PRAYER FOR RELIEF
17
Wherefore, Victorias Secret prays for relief as follows:
18
1.
That Defendants, their agents, servants, employees, attorneys, and any
19
other persons in active concert or participation with Defendants be temporarily,
20
preliminarily, and permanently enjoined from attempting to offer to buy or sell, or
21
soliciting the purchase or sale of any ticket, badge, credential, or anything entitling
22
the holder to access to any Victorias Secret Fashion Show event, pre- and post-
23
show event, or any other event sponsored by or affiliated with Victorias Secret or
24
the Victorias Secret Fashion Show.
25
2.
That Defendants, their agents, servants, employees, attorneys, and any
26
other persons in active concert or participation with Defendants be temporarily,
27
preliminarily, and permanently enjoined from directly or indirectly infringing
28
Victorias Secrets intellectual property rights in any manner, including, but not
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
- 12 -
COMPLAINT
limited to using any of Victorias Secrets federally registered trademarks in
connection with Defendants advertisement, display, promotion, marketing,
distribution, sale and/or offer for sale of their goods and services, or otherwise
making any unauthorized use of any of Victorias Secrets trademarks;
3.
That Defendants be directed to deliver to Victorias Secret all
materials bearing any simulation, reproduction, counterfeit, copy, or colorable
imitation of the Victorias Secret trademarks, as well as:
8
9
10
a.
any labels, packages, wrappers, containers or any other
unauthorized promotion or advertising material item which reproduces, copies,

counterfeits, imitates or bears any of the Victorias Secret trademarks;
11
b.
any sales and supply records, ledgers, invoices, purchase orders,
12
inventory control documents, bank records, catalogs, and all other business records
13
believed to concern the manufacture, purchase, advertising, sale, or offering for sale
14
of products, goods, or services that incorporate Victorias Secrets trademarks;
15
4.
That Defendant be directed to file with the Court and serve upon
16
counsel for Victorias Secret, within thirty days after entry of judgment, a report in
17
writing under oath setting forth in detail the manner and form in which Defendant
18
has complied with the requirements of the injunction;
19
5.
For damages according to proof;
20
6.
For damages as authorized by the relevant statutes;
21
7.
For statutory damages under the Copyright Act;
22
8.
For disgorgement of any money, property, or the value of any other
23
economic benefit that Defendant has received as a result of its conduct;
24
9.
For punitive damages;
25
10.
For interest as allowed by law;
26
11.
For costs of suit, including attorneys fees; and
27
12.
For such other relief available under law that the Court deems just and
28
proper.
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
- 13 -
COMPLAINT
1
2
Dated:
November 6, 2015
DECHERT LLP
3
4
5
By: /s/ Michelle M. Rutherford

Michelle M. Rutherford
Christopher S. Ruhland

VICTORIAS SECRET STORES
BRAND MANAGEMENT, INC.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
- 14 -
COMPLAINT
1
2
DEMAND FOR JURY TRIAL

Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Victorias
Secret Stores Brand Management, Inc. hereby demands a trial by jury.
Dated:
November 6, 2015
DECHERT LLP
5
6
By: /s/ Michelle M. Rutherford

Michelle M. Rutherford
Christopher S. Ruhland
7
8

VICTORIAS SECRET STORES
BRAND MANAGEMENT, INC.
9
10
11
12
15816890.1
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
D ECHERT LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
- 15 -
COMPLAINT
Victoria's Secret Fashion Show 2015 | Victoria's Secret Party - VIP Concierge
Page 1 of 5
HOME
ABOUT US
CONTACT US
WISH LIST
VIP BLOG
LIVE CHAT
SIGN UP FOR VIP NEWSLETTERVIP SMS ALERT? (OPTIONAL)
All Categories
SEARCH VIP EVENTS & EXPERIENCES
AWARD SHOWS
HOME
MOVIE PREMIERES
VIP EXCLUSIVE EVENTS
EXCLUSIVE EVENTS
EXPERIENCES
VIP MEMBERSHIPS
Submit Query
BOX OFFICE LUXURY AMENITIES SPORTS & ADVENTURES
2015 VICTORIA'S SECRET FASHION SHOW & AFTER PARTY
2015 VICTORIA'S SECRET FASHION

SHOW & AFTER PARTY
Sign up for our bi-weekly newsletter and get latest

updates about our VIP events.
Attend most anticipated fashion event of the year - the Victoria's Secret Fashion
Show 2015 and exclusive After Party.
SIGN UP FOR VIP NEWSLETTER
VIP SMS ALERT? (OPTIONAL)
VENUE: LEXINGTON ARMORY

LOCATION: NEW YORK
We respect your privacy
EVENT DATE: 11/10/2015
KEEP IN TOUCH... FOLLOW US!
PRICE: PLEASE CHECK PRICE TABLE
83
Ticket Type
Price
Tickets
Available
Must be sold
in Pairs?
2015 Victoria's Secret

Fashion Show & VIP After
Party
$17500.00 (Per
Person)
Yes
2015 Victoria's Secret AFTER

PARTY ONLY
$5990.00 (Per
Person)
Yes
221
Action
VIP CONCIERGE INVITES
YOU TO
JOIN OUR EXCLUSIVE WORLD OF

LUXURY, STYLE AND ELEGANCE,
OVERVIEW
WHICH IS ONLY AVAILABLE TO SUCCESSFUL

PEOPLE. YOU TOO CAN ENJOY THE REWARDS
THAT ACCOMPANY HARD WORK,
ACHIEVEMENT AND STATUS.
Tickets to the 2015 Victoria's Secret Fashion Show & After-Party
WE OFFER 3 LEVELS OF
MEMBERSHIP TO VIP
CONCIERGE.
MEMBERSHIP STARTS FROM
$2,850 / YEAR
< $250
/ MONTH
Washboard abs, tanned skin and glistening muscles can only mean one thing, and it's not the Mr. Universe
contest. It's the ultimate fashion show in the league of lingerie, and it's hosted by Victoria's Secret, America's
most loved undergarment brand. If there's one thing hotter than Angels walking down the runway, it's got to
be tickets to the 2015 Victoria's Secret Fashion Show and the red-hot After-Party, which are available right
here, right now through VIP Concierge. Oddly enough, there's nothing quite as feminine or as masculine as
attending the Victoria's Secret Fashion Show in New York City. Record levels of testosterone have been
documented among male members of the audience. Just ask Justin Bieber, who is rumored to have sprouted
his first and only chest hair after rubbing "elbows" with the hotties backstage.
The Victoria's Secret After-Party
NOVEMBER 2015
M
S
7
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Exhibit A
Page 16
http://www.thevipconcierge.com/VIPEvents/237/Victorias-Secret-VIP-Fashion-Show-Part... 11/5/2015
Victoria's Secret Fashion Show 2015 | Victoria's Secret Party - VIP Concierge
Page 2 of 5
29
30
VIEW FULL VIP EVENT LIST AND/OR CALENDAR
If you think that the Victoria's Secret Fashion Show is the best part of the night, think again. After the
multimillion-dollar Fantasy Bra is revealed and the last Angels walk off the runway, the Victoria's Secret party
moves to one of the hottest nightclubs in Manhattan, and the city has some hot ones! All the models,
performers, celebrities and high-rollers meet up for a night of fun at the official Victoria's Secret After-Party. In
addition to the gorgeous faces of Victoria's Secret, guests never know which celebs they'll run into at the afterparty. Grab your sunglasses, pick up one of those safari hats with the neck cover thing and prepare yourself for
the record-setting heat. Get your tickets to the 2015 Victoria's Secret Fashion Show from VIP Concierge to
reserve your spot along the runway and at the star-studded after-party.
PHOTOS
UPCOMING VIP EXCLUSIVE EVENTS
San Diego VIP Comic Con

Experience
Playboy Mansion: Hef's "4th of

July" Party
Other
HOME
ABOUT US
CONTACT US
"Rolling Stone" Magazine Super

Bowl Party
Los Angeles
WISH LIST
TERMS & CONDITIONS
Other
PRIVACY POLICY
SITEMAP
}vs +lreFI+YBH MH8!6vU{KC"c=G/am5rz`w3\7{`&c~jr C]w<Z

r.y>a W< rA|HF{V@h?~O/]hxI m%0&(}|zy7n~' b1%d7p N]
oC#8:=o_hS #zBSvDn.5F'{@t0NR$o > h|Yy! r>7w[P!Z
Q!MWrQ:-c+ *>vE V9WyAj` e x@ R0 ?6O.r'' 2bm r%)?
NdUyLM={v01}K D1Mg k_ 1f]x7-Lr$p7iy7kXo@)ry1 qd~pB.
{V| ('|HqrD>xp}<?~`A z^' jYw:jm%D
KJGt/87-$Mj|rSG2.inozvrM %z ' ZLg#]U$:LSYS /dA:0I =lD!
ao o;>Ts9N.T>D9 ra* u[CJ4UjF:>#{ ph5{s-5k1lycK }U- sHNBUpeH
(/gRLL?yDL9&]}hrj?4_iWeJ\ J.v @}9 >l= H
**jSKEVy/2*|<d
Please note that we have no official affiliation with any motion
picture, awards show, television show
or film
7s|+2+Iha
#@2iue?
OI>W5@9Qx"t?
Check Our
Report
festival
producers
distributors.
CB^A
* orHWAs@?g}.?KB62}$
:, >-m;=utP{8v.%_2{i&6 pF/1Lg
~+yW5(*DS5
v
McS8!7<5H
4G~/Np8QRW
0u
q!h4Y7Ie_:3
=2%
Rating:
** Please also note that this event or experience is meant for informational purposes, and just because an event is
y>$J]!1J:,t)>Oo[Fg>Sx')
__|1{]
listed
on the calendar or web site, it does not mean that we are necessarily selling tickets for that event or
AAA
experience.
2007- 2015 VIP Concierge, Inc. All right reserved. Website by New Media Guru
Exhibit A
Page 17
http://www.thevipconcierge.com/VIPEvents/237/Victorias-Secret-VIP-Fashion-Show-Part... 11/5/2015
Exhibit A
Page 18
Exhibit A
Page 19
Exhibit A
Page 20
Exhibit A
Page 21
Exhibit A
Page 22

Victoria's Secret v. Hollywood Entertainment - Complaint PDF

Caricato da

Informazioni sul documento

Descrizione originale:

Titolo originale

Copyright

Formati disponibili

Condividi questo documento

Condividi o incorpora il documento

Opzioni di condivisione

Hai trovato utile questo documento?

Questo contenuto è inappropriato?

Copyright:

Formati disponibili

Victoria's Secret v. Hollywood Entertainment - Complaint PDF

Caricato da

Copyright:

Formati disponibili

Case 2:15-cv-08704-RGK-AS Document 1 Filed 11/06/15 Page 1 of 23 Page ID #:1

CHRISTOPHER S. RUHLAND (SBN 175054)

Victorias Secret Stores Brand

Case No. 2:15-CV- 8704

Case 2:15-cv-08704-RGK-AS Document 1 Filed 11/06/15 Page 2 of 23 Page ID #:2

Plaintiff Victorias Secret Stores Brand Management, Inc. (Victorias

This is a civil action for trademark infringement, dilution, and unfair

competition under the Lanham Act 15 U.S.C. 1051 et seq., copyright

infringement under 17 U.S.C. 101, et seq., California Business and Professions

Venue is proper in this Court under 28 U.S.C. 1391(b) and (c).

Victorias Secret is a corporation organized and existing under the

Parkway, Columbus, Ohio 43230.

Victorias Secret owns numerous federally registered trademarks,

including the famous VICTORIAS SECRET and VICTORIAS SECRET

FASHION SHOW trademarks, used in connection with womens apparel,

variety of other products and services.

Victorias Secret uses these trademarks in connection with the well-

known Victorias Secret catalogue, the website www.victoriassecret.com, and the

acclaimed Victorias Secret Fashion Show, a televised event featuring the

Victorias Secret Angel supermodels, which has become an annual highlight of

the fashion industry.

On information and belief, Defendant Hollywood Entertainment

Case 2:15-cv-08704-RGK-AS Document 1 Filed 11/06/15 Page 3 of 23 Page ID #:3

www.thevipconcierge.com, Facebook, Craigslist, and various other online media.

Craig Banaszewski is an individual residing in Los Angeles,

California and is the owner and managing member of Hollywood Entertainment

DEFENDANTS UNLAWFUL CONDUCT

Without authorization or consent and in direct violation of the terms

Banaszewski and Hollywood Entertainment Group LLC d/b/a VIP Concierge

(Defendants) are advertising, marketing, and offering for sale non-transferrable

Defendants have repeatedly represented themselves as authorized to

VICTORIAS SECRET and VICTORIAS SECRET FAHSION SHOW

trademarks, along with Victorias Secrets goodwill, to prop up these false

representations and market and sell these non-transferrable tickets.

sends an invitation to an exclusive list of authorized invitees through its authorized

agent, media relations firm KCD. The authorized invitation states:

Case 2:15-cv-08704-RGK-AS Document 1 Filed 11/06/15 Page 4 of 23 Page ID #:4

This invitation is non-transferrable and will not provide admission.

RSVP is required and a government-issued ID must be presented upon

Once an authorized invitee responds directly to KCD and accepts the

invitation, he receives an email detailing the terms of admission to the Fashion

Show. The email states:

Tickets are non-transferable and guests MUST present a government-

ID, please let us know immediately so we can update our records. If

the name presented on the government-issued ID does not match, you

will not be permitted into the show. There are no exceptions.

In clear violation of the ticket and admission terms, Defendants are

using the VICTORIAS SECRET and VICTORIAS SECRET FASHION

(Defendants unauthorized advertisements and links to purchase tickets to the

Fashion Show on their website and Facebook page).

Defendants unlicensed and unauthorized use of the VICTORIAS

SECRET and VICTORIAS SECRET FASHION SHOW trademarks in the

advertising, marketing, distribution, and sale of non-transferrable tickets violates

Victorias Secrets trademark rights.

FIRST CLAIM FOR RELIEF

[Trademark Infringement 15 U.S.C. 1114]

Victorias Secret realleeges and incorporates by reference the

allegations set forth in paragraphs 1-14 above.

Case 2:15-cv-08704-RGK-AS Document 1 Filed 11/06/15 Page 5 of 23 Page ID #:5

Victorias Secret is the owner of numerous federal trademark

registrations for the VICTORIAS SECRET and VICTORIAS SECRET

FASHION SHOW trademarks, including United States trademark registration