NBCUniversal Trademark Lawsuit

Case 1:16-cv-24185-CMA Document 1 Entered on FLSD Docket 09/30/2016 Page 1 of 44
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA
NBCUNIVERSAL MEDIA, LLC, a Delaware
limited liability company formerly known as
NBC Universal, Inc.; UNIVERSAL
CITY STUDIOS LLC, a Delaware limited liability
company, and E! ENTERTAINMENT TELEVISION,
LLC, a Delaware limited liability company.
Plaintiffs,
Civil Action No.
v.
NBCU PRODUCTIONS, LLC, a Florida limited

liability company, d/b/a BUSINESS TODAY TV;
TAMMY LYNN KIELAR a/k/a TAMARA MARCIA
a/k/a TAMMY LYNN VISSER, an individual;
E TELEVISION PRODUCTIONS, LLC, a Florida
limited liability company; JOHN DOE 1 a/k/a
JACK WINTERS, an individual; JOHN DOE 2
d/b/a BTTV Productions, a corporation or
limited company; JOHN DOE 3 a/k/a LUKE MARKS,
an individual; JOHN DOE 4 a/k/a MARK ALLEN, an
individual; JOHN DOE 5 a/k/a JOE CURLEE a/k/a
JOE CYURLY a/k/a JOE CURLY, an individual;
JANE DOE 1 a/k/a LINDA WALKER a/k/a LINDA WATERS,
an individual.
Defendants.
/
COMPLAINT
Plaintiffs NBCUNIVERSAL MEDIA, LLC and its subsidiaries UNIVERSAL CITY
STUDIOS LLC and E! ENTERTAINMENT TELEVISION, LLC (referred to collectively herein
as NBCUniversal or Plaintiffs), allege as follows, upon actual knowledge with respect to
themselves and their own acts, and upon information and belief as to all other matters:
NATURE OF THIS ACTION

1.
This case concerns Defendants blatant and willful violations of NBCUniversals
trademark rights in its famous marks, which include, among others, NBCUniversal, NBC,
Universal, Universal Studios, the NBC Peacock design, E! and E! Entertainment. NBCUniversal
seeks injunctive relief, damages, punitive damages, recovery of their costs and attorneys fees,
and statutory damages.
2.
NBCUniversal, one of the worlds leading media and entertainment companies,
operates a valuable portfolio of businesses and related trademarks, including but not limited to
NBC Entertainment, NBC News, NBC Olympics, NBC Sports, E! Entertainment and Universal
Studios Hollywood.
3.
Defendants are blatantly infringing NBCUniversals trademarks in order to
mislead third parties. Defendants are using NBCUniversals marks to falsely portray themselves
as associated with NBCUniversal, taking advantage of NBCUniversals reputation and goodwill
to provide their improper behavior with a cloak of legitimacy.
4.
Defendants have operated at times under the names NBCU Productions, Business
Today TV, BTTV, and E Television Productions while claiming to create, sell, advertise and
solicit business for television programs that would purportedly air on NBCUniversals channels.
In soliciting funds from third party consumers, Defendants misleadingly use NBCUniversals
trademarks in their correspondence, e-mail suffixes, domain names, websites, invoices,
marketing materials, and even their very company names without NBCUniversals
authorization. Defendants misleading business practices are designed to confuse their third
party targets by implying a false association with NBCUniversal and creating the misimpression
that the television programs referenced by Defendants are approved by, affiliated with, or
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produced in conjunction with NBCUniversal, thereby unlawfully profiting by misappropriating

NBCUniversals famous trademarks.
5.
The following are just some of the examples of Defendants misleading, deceptive
and unlawful conduct, all of which has occurred without authorization of, involvement or
approval by NBCUniversal:
a. Defendant NBCU Productions chose to use a company name that is deliberately
and confusingly similar to NBCUniversal and falsely suggests an affiliation with
NBCUniversal.
Similarly, the name of Defendant E Television Productions is
confusingly similar to NBCUniversal's E! and E! Entertainment businesses;

b. Defendants registered the domain name www.nbcuni-studios.com and arranged
for anyone going to that website to be automatically redirected to NBCUniversal's own
website, falsely suggesting an affiliation between themselves and NBCUniversal;
c. Defendants use of e-mail addresses ending in @nbcuni-studios.com, also
falsely suggesting an affiliation with NBCUniversal, which utilizes email addresses
ending in @nbcuni.com for its employees;
d. Defendants have sent media kits to small businesses in conjunction with
attempts to solicit money that falsely imply an affiliation with or sponsorship by
NBCUniversal all while using NBCUniversals trademarks;
e. Defendants sent invoices to small businesses for a Featured Participant Fee for
inclusion in the Stars & Hearts Television Program prominently displaying the NBC
peacock logo (described further below) on the invoice's letterhead, misleadingly
including the reference Program: Stars & Hearts Special/NBCUniversal (emphasis
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added), and instructing that payment be sent to NBCU Productions with the e-mail
address Joe@nbcuni-studios.com;
f.
Written communications from one of Defendants representatives in or about
January 2016 identified her as the producer for a new NBC Universal 1-hour Television
Special, which misleadingly suggests an affiliation with, employment by, and/or
approval of NBCUniversal that did not and does not exist;
g. In an e-mail sent on or about July 25, 2016, another representative of Defendants
identified as Morgan Paige stated that Defendant NBCU Productions is producing a "1
hour national television Special Presentation that will air this Fall on E! Entertainment
Television"; no such program was slated to air this fall on NBCUniversal's E!
Entertainment TV channel.
6.
These examples demonstrate Defendants pattern of conduct that makes it
abundantly clear that Defendants infringement and misuse of the NBCUniversal marks is in bad
faith and in violation of federal and common law.
7.
As a result of Defendants use of the NBCUniversal marks and their misleading
and fraudulent behavior, described further below, consumers have been and will likely continue
to be confused that Defendants and/or their products and services are made, approved, affiliated,
employed or licensed by NBCUniversal.
8.
Plaintiffs assert claims for trademark infringement under 32(1) of the Federal
Trademark (Lanham) Act, 15 U.S.C. 1114(1); unfair competition and false designation of origin
under 43(a) of the Lanham Act, 15 U.S.C. 1125(a); dilution under 43(c) of the Lanham Act,
15 U.S.C. 1125(c); cybersquatting under the federal Anticybersquatting Consumer Protection
Act, 15 U.S.C. 1125(d); common law trademark infringement and common law unfair
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competition; violation of the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat.
501.201 et seq., and alter ego liability.
9.
Plaintiffs seek, among other things, preliminary and permanent injunctive relief;
an award of damages including but not limited to the Defendants profits, trebled due to the
Defendants willfulness; pre-judgment interest; Plaintiffs reasonable attorneys fees and costs;
and any other relief the Court may deem proper.
PARTIES
10.
Plaintiff NBCUNIVERSAL MEDIA, LLC, a subsidiary of Comcast Corporation,
is a Delaware limited liability company with a principal place of business at 30 Rockefeller

Plaza, New York, New York 10112.
NBCUniversal Media, LLC was formerly known as
National Broadcasting Company, Inc. and NBC Universal Inc. NBCUniversal Media, LLC
owns and operates, among other businesses, a valuable portfolio of news and entertainment
television networks, a premier motion picture company, significant television production
operations, a leading television stations group, world-renowned theme parks, and a suite of
leading Internet-based businesses. NBCUniversal owns and operates, among many other
businesses, NBC Entertainment, NBC News, MSNBC, NBC Olympics, NBC Sports, E!
Entertainment, Universal Pictures, Universal Cable Productions, Syfy, Bravo, USA Network,
Universal Television, NBCUniversal International Television, Universal Studios Florida,
Universal Studios Hollywood, Universal Studios Japan and Universal Studios Singapore.
11.
Plaintiff UNIVERSAL CITY STUDIOS LLC, a subsidiary of NBCUniversal
Media, LLC, is a Delaware limited liability company with a principal place of business at 100
Universal City Plaza, Suite 3200, Universal City, California 91608. Universal City Studios LLC
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is a leading motion picture and video production and entertainment company that also provides
themed entertainment through Universal Parks and Resorts.
12.
Plaintiff E! ENTERTAINMENT TELEVISION, LLC, a subsidiary of
NBCUniversal Media, LLC, is a Delaware limited liability company with a principal place of
business at 5750 Wilshire Blvd., Los Angeles, California 90036. E! Entertainment Television,
LLC, is a renowned television production and entertainment company that, among other things,
runs the E! Entertainment Television channel on cable and satellite television.
13.
Defendant NBCU PRODUCTIONS, LLC is a Florida limited liability company
with a principal place of business at 200 South Biscayne Boulevard, Suite 2790, Miami, Florida
33131 (NBCU Productions). On or about February 29, 2016, NBCU Productions registered
the fictitious name Business Today TV with the Florida Secretary of State. NBCU Productions
conducts misleading business practices using infringing marks under the trade name Business
Today TV and also Business Today TV Series. While NBCU Productions filed Articles of
Dissolution with the Florida Secretary of State on September 2, 2016 after receiving multiple
requests to cease and desist its infringing and misleading conduct and threats of litigation, the
activities have continued.
14.
Defendant E TELEVISION PRODUCTIONS, LLC is a Florida limited liability
company with a principal place of business at 370 W. Camino Gardens Boulevard, Suite 300,
Boca Raton, Florida 33432 (E Productions).
15.
Based upon publicly available records, and upon information and belief,
Defendant TAMMY LYNN KIELAR a/k/a TAMARA MARCIA a/k/a TAMMY LYNN
VISSER is an individual who resides in Boca Raton, Florida (Kielar). Kielar serves, and
during the time relevant to the allegations raised herein served, as Manager and Registered Agent
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of Defendant NBCU Productions LLC under two different identities (Manager: Tammy Kielar
and Registered Agent: Tamara Marcia).
16.
Upon information and belief, as Manager of Defendant NBCU Productions,
during all times relevant to the allegations raised herein, Kielar was a central figure in NBCU
Productions and had operational and managerial control and responsibility over the business
operations of, and decision-making authority for, NBCU Productions, including decisions
relating to NBCU Productions promotional, advertising, marketing and endorsement activities
and infringing activities such as those detailed in this Complaint.
As Manager of NBCU
Productions, Kielar is also ultimately responsible for the decisions and business choices for
NBCU Productions that give rise to the allegations in the Complaint and is liable, as described in
this Complaint, as an alter ego for the fraudulent and misleading acts of NBCU Productions.
17.
Upon information and belief, Defendant JOHN DOE 1 a/k/a JACK WINTERS is
an individual whose actual name is currently unconfirmed and true address and contact
information are currently unknown and who, at all relevant times herein, has been engaged in the
solicitation, distribution, offer for sale and/or sale of goods and/or services in this District and
elsewhere throughout the United States. This defendants address is 200 South Biscayne Blvd.,
Suite 2790, Miami, Florida 33131, his e-mail address is jw@nbcuni-studios.com and his
telephone numbers include 310-736-4239 and 305-587-2669 (Winters).
18.
Upon information and belief, Defendant JOHN DOE 2 d/b/a BTTV
PRODUCTIONS is a business whose actual name is currently unconfirmed and true address and
contact information are currently unknown and which, at all relevant times herein, has been
engaged in the solicitation, distribution, offer for sale and/or sale of goods and/or services in this
judicial district and elsewhere throughout the United States. It is unclear as to whether BTTV is
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another informal fictitious name for NBCU Productions d/b/a Business Today TV or whether it
is a separate entity (BTTV).
19.
Upon information and belief, Defendant JOHN DOE 3 a/k/a LUKE MARKS, is
elsewhere throughout the United States. This defendants address is 200 South Biscayne Blvd.,
Suite 2790, Miami, Florida 33131, his e-mail addresses are luke@nbcuni-studios.com and
lukem@nbcuni-studios.com and his telephone numbers include 310-736-4239 and 305-587-2669
(Marks).
20.
Upon information and belief, Defendant JOHN DOE 4 a/k/a MARK ALLEN, is
elsewhere throughout the United States. This defendants e-mail address is mark@nbcunistudios.com and his telephone number is 213-797-4343 (Allen).
21.
Upon information and belief, JOHN DOE 5 a/k/a JOE CURLEE a/k/a JOE
CYURLY a/k/a JOE CURLY is an individual whose actual name is currently unconfirmed and
contact information is currently unknown. He was and/or is involved in the management of
NBCU Productions and E Productions and, at all relevant times herein, was involved in accounts
receivable and/or the receipt of funds for NBCU Productions sale of goods and/or services in
this District and elsewhere throughout the United States. This defendants addresses are 151
Royal Palm Way, Palm Beach, FL 33480 and 200 South Biscayne Blvd., Suite 2790, Miami,
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Florida 33131, his e-mail address is joe@nbcuni-studios.com and his telephone number is 305974-1346 (Curlee).
22.
JANE DOE 1 a/k/a LINDA WALKER a/k/a LINDA WATERS is an individual
whose actual name is currently unconfirmed, true address and contact information are currently
unknown, and who, at all relevant times herein, has been engaged in the solicitation, distribution,
offer for sale and/or sale of goods and/or services in this District and elsewhere throughout the
United States. This defendants address is 200 South Biscayne Blvd., Suite 2790, Miami, Florida
33131, her e-mail address is Linda@bttvseries.com and her telephone number is 310-363-0575
(Walker).
23.
Collectively, Defendants NBCU Productions, Kielar, E Television Productions,
Winters, BTTV, Marks, Allen, Curlee and Walker are referred to herein as Defendants. The
identities of other various individuals who have represented themselves to be associated with
Defendants NBCU Productions, E Productions and BTTV have not been fully ascertained. The
names used by these individuals include Morgan Paige and Kristen Taylor.
JURISDICTION AND VENUE
24.
This Court has jurisdiction over the subject matter of this action pursuant to 28
U.S.C. 1331, 1338(a) 1338(b) and 1367, and Section 39 of the Lanham Act, 15 U.S.C.
1121. The Court has supplemental jurisdiction over NBCUniversals state law claims pursuant
to 28 U.S.C. 1367(a) because they are substantially related to its federal claims and arise out of
the same case or controversy.
25.
Moreover, upon information and belief, Defendants conducted substantial
activities from this District including offering, marketing, and promoting their goods and/or
services using the marks that are the subject of this lawsuit through their websites and via e-mail
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and other means from Florida and/or to consumers located in Florida and using those marks to
promote and advertise their products from and/or in Florida. For example, Defendants operated
an office and used telephone numbers located in Miami, Florida, and requested, in infringing
documents, payments to be made to an address in Miami, Florida.
26.
Venue lies in this District pursuant to 28 U.S.C. 1391(b) and (c) because entities
or individuals are subject to personal jurisdiction in this District and/or a substantial part of the
events giving rise to NBCUniversals claims have occurred and are continuing to occur in this
District.
FACTS COMMON TO ALL ALLEGATIONS
a. NBCUniversal And Its Business
27.
On May 11, 2004, the entity formerly known as National Broadcasting Company,
Inc. (and commonly by the abbreviation NBC) merged and combined its assets (including
trademarks) with the assets (including trademarks) of Vivendi Universal Entertainment, forming
NBC Universal, Inc. (which became commonly identified by the abbreviations NBCUniversal
and NBCU). On January 29, 2011, Comcast Corporation, one of the nation's leading providers
of entertainment, information and communications products and services, became a majority
owner of NBC Universal, Inc., which was then converted to NBC Universal Media, LLC, and
subsequently renamed NBCUniversal Media, LLC.
Comcast Corporation completed its
acquisition of NBCUniversal by purchasing the remaining common equity stake in the company
on March 19, 2013.
28.
NBCUniversal is one of the worlds leading media and entertainment companies
in the development, production, and marketing of entertainment, news, and information to a

global audience. NBCUniversal owns and operates a major broadcast television network, the
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fastest-growing Spanish-language network, a valuable portfolio of news and entertainment

networks, a premier motion picture company, significant television production operations, a
leading television stations group, and world-renowned theme parks. Some of its widely-known
assets include NBC broadcast stations, cable channels such as Bravo, USA Network and E!
Entertainment Television, and the Universal movie studio.
II.
NBCUniversals Trademarks
a. The NBC and Universal Marks

29.
NBCUniversal owns and uses the marks NBC, UNIVERSAL and UNIVERSAL
STUDIOS.
Collectively, these marks (with the registrations described in the next two
paragraphs) will be referred to as the NBC and UNIVERSAL Marks.

30.
NBCUniversal owns valid and incontestable U.S. federal trademark registrations
for its NBC mark dating back to at least 1956, including the following (true and correct copies of
these registrations are attached as Exhibit A):
Mark
NBC
Reg/Serial No.
619641
Reg. Date
1/17/56
NBC
1523273
2/7/89
31.
Products/Services
Radio
sound
broadcasting,
television
broadcasting, and leasing recorded radio
programs in Class 38
Pre-recorded videotapes and motion picture
films in Class 9
Production and distribution of radio and
television programs in Class 41
NBCUniversal Media, LLCs subsidiary Universal City Studios LLC owns valid
and incontestable U.S. federal trademark registrations for its UNIVERSAL and UNIVERSAL
STUDIOS marks dating back to at least 1969, including the following (true and correct copies of
these registrations are attached as Exhibit B):
Mark
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Reg/Serial No.
11
Reg.
Date
Products/Services
Mark
Products/Services
874303
Reg.
Date
8/5/69
UNIVERSAL
1144545
12/23/80
UNIVERSAL
1637487
3/12/91
UNIVERSAL STUDIOS
1355894
8/20/85
Entertainment
ServicesNamely,
Production
of
Motion Picture Films for
Theatrical and Television Use
and Distribution of Such
Films Produced by Applicant
and by Others in Class 41
Motion picture photoplays,
motion picture and sound
films in Class 9
Education and entertainment
services; namely, narrated
sightseeing tour of motion
picture
and
television
production
facilities
including exhibitions and
demonstrations
32.
Reg/Serial No.
Developed motion
films in Class 16
picture
NBCUniversal and Universal City Studios LLC have owned and used those
marks since NBC and Universal merged their assets in 2004.
NBCUniversal and its
predecessors in interest have used the marks NBC and UNIVERSAL extensively and
continuously for decades:
the mark NBC beginning in or around 1927, and the mark
UNIVERSAL beginning in or around 1912. Additionally, NBCUniversal and its predecessors in

interest have made long and continuous use of the UNIVERSAL STUDIOS trademark beginning
in or around 1964.
33.
The NBC and UNIVERSAL Marks are among the most famous and recognized
trademarks in the United States and around the world.

34.
The NBC and UNIVERSAL Marks are registered in numerous countries around
the world.
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35.
Because of the excellence of NBCUniversals products and services and the long
use and extensive promotion, advertising and unsolicited publicity relating to the NBC and
UNIVERSAL Marks and to NBCUniversals media, motion picture, news and entertainment
services, the NBC and UNIVERSAL Marks have enormous goodwill and strong secondary
meaning. NBCUniversal and its predecessors have used the NBC and UNIVERSAL Marks
extensively in promoting, marketing and identifying its products and services prior to
Defendants infringing use of the mark.
b. The NBCUniversal Peacock Design Mark
36.
NBCUniversal and its predecessors have long used a logo in the shape of a
peacock as a trademark. NBCUniversals legendary and historic peacock logo is one of the
worlds most iconic, successful and instantly recognizable logos in the United States. The
peacock logo has evolved through the years (collectively, with the registration described in the
following paragraph, the Peacock Mark). The current form of the Peacock Mark is as follows:
It was first used in slightly different form by NBCUniversals predecessors at least as early as
1956.
37.
NBCUniversal owns the following valid and incontestable U.S. federal trademark
registration for its famous Peacock Mark dating back to at least 1986 (a true and correct copy of
this registrations are attached as Exhibit C):
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Mark
Reg/Serial
No.
1393071
Reg.
Date
5/13/86
Products/Services
Pre-recorded videotapes and
motion picture films in Class 9
Television broadcasting services
in Class 38
38.
Production and Distribution of

Television Programs in Class 41
NBCUniversal and its predecessors have used the Peacock Mark extensively in
promoting, marketing and identifying its products and services prior to Defendants infringing
use of the Mark.
c. The E! Entertainment Marks
39.
E! Entertainment is a well-known global multiplatform brand that is owned and
operated by NBCUniversal Media, LLCs subsidiary E! Entertainment Television, LLC.

40.
The E! Entertainment television network and channel was launched in 1990. It is
the worlds largest producer and distributor of entertainment news and lifestyle-related
programming. The E! Entertainment channel is currently available to 98 million cable and
satellite subscribers in the United States, and is available in many different countries around the
world.
41.
E! Entertainment is widely known for its E! News telecasts and includes core
franchises such as E! News, The Soup and Fashion Police and other popular series and
celebrity interviews. Additionally, E! Entertainments Live from the Red Carpet signature
events report on Hollywoods biggest events, which include The Golden Globe Awards and The
Academy Awards. The channel also has an infomercial (also known as paid programming)
block.
42.
On the internet, E! Entertainment Television, LLC owns and operates
www.Eonline.com (Eonline), the website associated with E! Entertainment. Eonline delivers

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breaking entertainment news and in-depth coverage on television, movies, music, celebrities,
fashion, beauty and lifestyle. One of the fastest-growing, most influential digital properties,
Eonline is a leader in online video and mobile and a leading entertainment brand.
43.
Among the numerous trademarks long-used by E! Entertainment Television, LLC
and widely recognized by consumers in connection with E! Entertainments products and

services are E!, E! ENTERTAINMENT, E! ONLINE, and the following logos (collectively with
the registrations described in the following paragraph, the E! Marks):
44.
NBCUniversal Media, LLC, through its subsidiary E! Entertainment Television,
LLC owns numerous valid and incontestable U.S. federal trademark registrations for its E!
Marks, including the following (true and correct copies of these registrations are attached as
Exhibit D):
Mark
E!
Reg/Serial No.
3037991
Reg. Date
1/3/06
E!
2545008
3/5/02
Products/Services
Pre-recorded audio and/or video discs
and tapes featuring celebrities and
entertainment news in Class 9
Cable and satellite television
broadcasting in Class 38
Entertainment services in the nature of
cable
and
satellite
television
programming in Class 41
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Mark
Reg/Serial No.
1645542
Reg. Date
5/21/91
Products/Services
Television broadcasting services by
satellite in Class 38
Television programming services in
Class 41
1645543
5/21/91
Television broadcasting services by

satellite in Class 38
Television programming services in
Class 41
E! ONLINE
45.
2030152
1/14/97
Providing gossip celebrity news,

entertainment
news,
and
movie,
television, and music information
through an on-line database in Class 41
NBCUniversal and its predecessors have used the E! Marks extensively in
promoting, marketing and identifying their products and services prior to Defendants infringing
use of the mark.
d. NBCUniversals Marks are World Famous, Widely Recognized and Valid
46.
The NBC and UNIVERSAL Marks, Peacock Mark, and E! Marks are hereinafter
collectively referred to as the NBCUniversal Marks.

47.
NBCUniversal and its predecessors have expended considerable time, resources
and effort in promoting the NBCUniversal Marks and numerous variations thereof for decades
throughout the United States and elsewhere.
48.
NBCUniversal spends many millions of dollars annually advertising and
promoting the NBCUniversal Marks to the general public.
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49.
The NBCUniversal Marks have been widely and extensively promoted through
virtually every type of media, including but not limited to printed publications, signage,
television, billboards, social media, and the Internet, including but not limited to
NBCUniversals
own
and
authorized
websites
such
as
www.nbcuniversal.com,
www.msnbc.com, www.cnbc.com, www.eonline.com, www.universalstudios.com.

50.
As a result of these efforts, NBCUniversal has built substantial recognition and
valuable goodwill in the NBCUniversal Marks.

51.
The NBCUniversal Marks are widely recognized by consumers, identifying the
goods and services of NBCUniversal.

52.
The NBCUniversal Marks are famous as that term is used in 15 U.S.C. 1125.
53.
Many of the NBCUniversal Marks have become incontestable under Section 15
of the Lanham Act, 15 U.S.C. 1065.

54.
NBCUniversal has not authorized Defendants to use the NBCUniversal Marks.
Defendants unauthorized use of the NBCUniversal Marks began after the NBCUniversal Marks
had become famous.
DEFENDANTS WRONGFUL ACTIVITIES
55.
Without NBCUniversals authorization or approval, Defendants have been trading
on NBCUniversals reputation and goodwill by conducting business, offering goods and/or

services for sale and promoting television shows using the NBCUniversal Marks, thereby
misleading consumers into believing that they are working for, or under the approval, auspices or
affiliation with NBCUniversal.
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a) The Stars & Hearts Television Show

56.
Upon information and belief, without any authorization or license from
NBCUniversal, Defendants Curlee and Kielar incorporated NBCU Productions with the Florida
Department of Corporations. NBCU Productions has been using the Internet domain name
www.nbcuni-studios.com (the First Infringing Domain). Not only does nbcuni-studios itself
falsely indicate an association with NBCUniversal, but on information and belief, at least until
August 17, 2016, the First Infringing Domain automatically and misleadingly redirected
consumers who entered that web address into a web browser to NBCUniversals genuine website
located at www.nbcuniversal.com, thereby cementing the false appearance of association
between Defendants and NBCUniversal and evidencing Defendants willful intent to infringe.
57.
Defendants NBCU Productions, BTTV, Marks, Allen, Curlee and Winters
(among other representatives of NBCU Productions) also used e-mail addresses ending in
@nbcuni-studios.com.
58.
The name NBCU Productions, the First Infringing Domain and the @nbcuni-
studios e-mail suffixes are deceptive because they are confusingly similar to NBCUniversals
Marks including NBCUniversal, NBC and Universal, Universal Studios, www.nbcuniversal.com
and www.universalstudios.com, among others associated exclusively with NBCUniversal.
59.
The name NBCU Productions, the First Infringing Domain and the @nbcuni-
studios e-mail suffixes are also deceptive because NBCUniversals name is, and long has been,
commonly abbreviated as NBCU both in NBCUniversal communications to the public and in
third-party press reports. Representative snapshots of NBCUniversals own website and thirdparty press reports are below (red highlighting added).
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NBCUniversal has also launched several publicized initiatives utilizing the name NBCU. These
include
NBCU
Diversity
and
the
https://twitter.com/nbcudiversity?lang=en
NBCU
(last
Cable
accessed
Press
Tour.
9/29/2016)
See
and
http://www.nbcumv.com/programming/sprout/2016-august-nbcu-cable-presstour?network=33142 (last accessed 9/29/2016).
Further, more than a dozen NBCUniversal
subsidiaries have NBCU in their names, including NBCU Emerging Networks LLC, NBCU
International LLC, and NBCU Television Holding LLC. One indicator of the widespread use of
NBCU as an abbreviation for NBCUniversal is the fact that the top hit on a Google search for
nbcu is the nbcuniversal.com website.
60.
The use of the @nbcuni-studios email suffix by NBCU Productions, BTTV,
Marks, Allen, Curlee and Winters is deceptive for the additional reason that it is confusingly
similar to the suffix @nbcuni.com that NBCUniversal has used for its employees email
addresses for many years. These Defendants use of the @nbcuni-studios email suffix thus
conveys the false and misleading impression that emails from Defendants representatives are
coming from or are authorized by NBCUniversal.
61.
Upon information and belief, following incorporation of NBCU Productions, with
willful intent to deceive consumers into believing that there was an affiliation, a connection or
approval from NBCUniversal, Defendants NBCU Productions, BTTV, Marks, Allen, Curlee,
Walker and Winters began to use the NBCUniversal Marks and the First Infringing Domain to
solicit and/or receive funds in connection with the alleged creation, advertising and production of
television specials that Defendants represented would be aired on NBCUniversal channels.
62.
Upon information and belief, NBCU Productions, BTTV, Marks, Allen, Walker
and Winters proceeded to advertise, orally and in writing, the production of a purported
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television show named Stars & Hearts, representing that the show was a one-hour special that
was going to air during primetime on an NBCUniversal channel.
63.
Thereafter, upon information and belief, Defendant NBCU Productions, BTTV,
Marks, Allen, Walker and Winters circulated a media kit for the purported television show Stars
& Hearts, touting it as a PREMIERE 1-hour prime time Special to be broadcast nationally
during the prime time Special and which would feature an opportunity for some of the top A
list celebrities to introduce their charities and open up their hearts on why those charities are so
important to them. A copy of the media kit is attached as Exhibit E.
64.
The media kit for the Stars & Hearts television show includes, without
authorization, various NBCUniversal Marks and contains extensive, explicit references to

NBCUniversals properties, channel line-up, and demographics. The media kit thereby infringes
NBCUniversal Marks. See Exhibit E at 9-11.
65.
To further deceive consumers, upon information and belief, employees or
representatives for Defendants NBCU Productions and BTTV, Marks, Allen, Walker and
Winters identified themselves to consumers and other third parties as producers for
NBCUniversal. For example, in January 2016, Walker identified herself to an individual in the
United Kingdom as the producer for a new NBC Universal 1-hour Television Special.1
Emails and documents displayed in this Complaint have been redacted for the privacy of thirdparty individuals.
{39675446;1}
21
REDACTED
66.
As another example, on February 29, 2016, NBCUniversal received notice from a
small business located in New York claiming it had been approached by a media production
house in Boca Raton, FL that appeared to be NBC Universal and was asking small businesses to
buy into a star-studded live charity event to air on NBC. Another illustration of the egregious
behavior is below:
[remainder of page intentionally left blank]
{39675446;1}
22
REDACTED
REDACTED
67.
NBCUniversal received similar communications from other representatives of
small businesses and non-profit organizations in the spring and summer of 2016, even after
NBCUniversal sent letters to Defendants demanding that they cease and desist their infringing
conduct. For example, on July 22, 2016, a consumer wrote to NBCUniversal that he was
approached by folks who claimed to be NBC for a stars and hearts tv segment to air this
Saturday and that [t]hey had documents with your logo, what looked like an official e-mail,
links to the NBC site which redirected to your actual site etc. there was so much in place
representing NBCU including who the check is made out to. This was among a number of
{39675446;1}
23
communications that NBCUniversal recently has received from consumers that express concern
as to the business activities of NBCU Productions, BTTV and their agents or representatives.
68.
Additionally, upon information and belief, Defendants NBCU Productions,
BTTV, Marks, Allen, Curlee, Walker and Winters issued invoices to small business owners that
infringe NBCUniversals Marks by, among other things, prominently displaying the Peacock
Mark in the letterhead. On February 22, 2016, Defendant NBCU Productions issued an invoice
for a participant fee in the Stars & Hearts program that blatantly displays the NBCUniversal
Peacock Mark as part of the letterhead, identifies the program as Stars & Hearts
Special/NBCUniversal and provides the name of Winters and Walker and the e-mail addresses
JW@nbcuni-studios.com and Joe@nbc-unistudios.com:
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24
A redacted copy of the invoice is attached hereto as Exhibit F.

69.
On information and belief, Defendants have taken advantage of the consumer
confusion they have deliberately engendered to obtain payments of up to approximately and

perhaps exceeding $12,000 each from small business owners to whom Defendants have sent
their infringing and deceptive communications.
70.
Upon information and belief, Defendants NBCU Productions, Marks, Allen, Winters,
Walker, BTTV and Winters all made representations that the show Stars & Hearts was
scheduled to air on NBCUniversal channels. For example, on February 23, 2016, Defendant
Walker sent an email to a small business owner stating, Im the producer for a new NBC
Television Special called STARS & HEARTS that will air on May 23rd. Similarly, on or about
May 23, 2016, Defendants issued a press release via Business Wire entitled Stars & Hearts
Expected to Showcase Top Charities and Top Celebrities on NBC Universal (emphasis added),
claiming that Host William Shatner will be bringing some of Hollywoods brightest A-list stars
and most prolific charities into the living rooms of every day Americans during a 1 hour Special
Program that will be distributed nationally in all 22 major DMAs this Summer/Fall 2016.
http://www.businesswire.com/news/home/20160523005612/en/Stars-Hearts-ExpectedShowcase-Top-Charities-Top (last accessed 9/29/2016).
71.
NBCUniversal has never agreed to air on any of its channels the show Stars &
Hearts as a 1 hour Special Program during prime time. NBCUniversal has never agreed to
produce, sponsor or affiliate itself with the Stars & Hearts television show or any other
television show produced by Defendants.
72.
Upon information and belief, on or about July 15, 2016, Defendant NBCU
Productions purchased through two separate agents a paid programming slot of 30 minutes on
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25
CNBC on July 23, 2016 at 12:30 pm EST under the name Giving Hearts. Upon information
and belief, Defendant NBCU used two different agents and a different program name to disguise
the fact that Defendants were the origin of the paid program. NBCUniversal had previously sent
a letter to NBCU Productions and Kielar requesting that they cease and desist their infringing
and inappropriate conduct. The paid program was not made by, sponsored by, or affiliated with
NBCUniversal. Its only connection to NBCUniversal was that it aired as paid programming on
CNBC, an NBCUniversal channel.
73.
The 30-minute paid program Stars & Hearts or Giving Hearts show, which
aired mid-day on CNBC on July 23, 2016, was not an NBCUniversal 1-hour Television special
as Defendants had advertised to consumers.
74.
Upon information and belief, Defendants NBCU Productions, BTTV, Winters,
Marks, Allen and Curlee used e-mail addresses ending in @nbcuni-studios.com in the
advertisement, solicitation, marketing and sale of the Stars & Hearts television show and
otherwise.
b)
The Living Beautiful Television Show
75.
Upon information and belief, Curlee and/or Kielar incorporated the entity E
Productions as a Florida limited liability company.

76.
Upon information and belief, the name E Television Productions, LLC was
chosen for Defendant E Productions to aid Defendants in conveying the false impression that
they are associated with NBCUniversal, and more particularly, to cause confusion with
NBCUniversals E! Marks.
77.
Upon information and belief, Defendants NBCU Productions, E Productions,
BTTV, Marks, Allen, Walker and Winters proceeded to use infringing marks, including the
{39675446;1}
26
@nbcuni-studios e-mail suffixes and the E! design mark, to solicit funds in connection with a
television show that may or may not exist entitled Living Beautiful. For example, in an e-mail
sent on or about July 25, 2016, a representative of NBCU Productions identified as Morgan
Paige with email address morgan@nbcuni-studios.com stated that NBCU Productions is
producing a "1 hour national television Special Presentation that will air this Fall on E!
Entertainment Television". Additional examples of other improper conduct are below:
REDACTED
REDACTED
78.
The trade name E Productions is deceptive because it is confusingly similar to
NBCUniversals E! Marks. In addition, the trade name E Productions when utilized, without
{39675446;1}
27
authorization, in conjunction with the @nbcuni-studios e-mail suffixes and/or other of the
NBCUniversal Marks is misleading and fraudulent.
79.
BTTV, Marks, Allen, Walker and Winters marketed and created a media kit for the purported
television show Living Beautiful. The media kit claims that Living Beautiful is a charityrelated show airing on NBCUniversals E! Entertainment channel. The media kit for the Living
Beautiful
extensively
uses
various
NBCUniversal
Marks
without
NBCUniversals
authorization. A copy of the Living Beautiful Media Kit is attached hereto as Exhibit G and a
representative page of the media kit infringing on the NBCUniversal Marks is reproduced below.
{39675446;1}
28
80.
Upon information and belief, Defendants NBCU Productions, E Productions, and
Kielar set up a website located at http://livingbeautifultv.com/ (last accessed 9/29/2016) which

also infringes on various NBCUniversal Marks such as the E! and other trademarks such as
Oxygen, Very Real and Esquire Network which are trademarks owned by NBCUniversals
subsidiaries and/or affiliates (hereinafter, the Second Infringing Domain). A snapshot of the
only portion of the http://livingbeautifultv.com/ website which is not protected by a password is
below:
81.
BTTV, Marks, Allen, Walker and/or Winters also represented in oral and written
communications that their employees and/or representatives were employed by or acting under
the auspices of NBCUniversal and that the Living Beautiful television show was a TV
Special on E! Entertainment Television.
82.
At no time has NBCUniversal agreed to produce, sponsor or affiliate itself with a
show or special called Living Beautiful, whether on its E! Entertainment channel or otherwise.
83.
Additionally, upon information and belief, Defendants utilize the website
http://bttvseries.com/ (last accessed 9/29/2016) to market their services (the Third Infringing
Domain). The Third Infringing Domain contains a banner, as depicted below, which infringes
{39675446;1}
29
several of the NBCUniversal Marks (as well as, on information and belief, several marks
belonging to well-known third parties).
84.
The use by Defendants of the NBCU Productions and E Productions trade names,
the NBCUniversal Marks, the First, Second and Third Infringing Domains and/or the @nbcunistudios e-mail suffixes substantially incorporating the NBCUniversal Marks were and are not
authorized by NBCUniversal, but instead blatantly infringe the NBCUniversal Marks. Indeed,
these egregious business practices were designed to deceive and confuse consumers into
believing that NBCU Productions, E Productions, BTTV and their programming were affiliated
with and/or produced by NBCUniversal.
85.
Upon information and belief, Kielar, Winters, Marks, Allen, Curlee and Walker
were moving, active and/or conscious forces behind NBCU Productions, E Productions and/or
BTTV, which are entities utilized to improperly seek funds while capitalizing on the
NBCUniversal Marks and goodwill by implying an association with NBCUniversal and creating
confusion and misleading consumers. Defendants behavior is fraudulent and violates Florida
and Federal law.
THE USES OF THE NBCUNIVERSAL MARKS
WERE UNAUTHORIZED AND IN BAD FAITH AND ARE CONTINUING
86.
Upon information and belief, Defendants appear to be selling placement fees for
slots in paid programming or infomercials that may or may not have aired as advertised and
may or may not have included the products of the consumers that paid for such paid
programming slot as Defendants represented to those consumers.
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30
87.
NBCUniversal has not consented to any of Defendants uses of the NBCUniversal
Marks and has not affiliated itself in any manner with Defendants.
88.
NBCUniversal has demanded in writing that Defendants stop their infringing
conduct. However, despite their assurances that they would stop at least some of the offending
conduct, illegal conduct continues.
89.
For example, on approximately August 23, 2016, NBCUniversal received an e-
mail communication from a consumer who was evidently confused as to how Defendants could
claim to be NBC and to sell an official NBC product. Similarly, as recently as September 6,
2016, NBCUniversal has received questions and concerns from businesses that have reported
being confused by misleading representations made to them by Defendants in written
communications and promotional materials/media kits. In some cases, these businesses reported
that they paid thousands of dollars to Defendants on the basis of Defendants misleading
representations.
90.
Defendants conduct described above, including but not limited to the registration
of their trade names, the First, Second and Third Infringing Domains and the @nbcuni-studios email suffixes, and their infringement of the NBCUniversal Marks, has been willful and in bad
faith. Defendants have plainly intended to exploit NBCUniversals reputation and goodwill to
mislead consumers into believing there is an affiliation between Defendants and NBCUniversal
in connection with Defendants alleged television programs, when in fact no such affiliation
exists. This Courts intervention is needed to prevent this misuse of the NBCUniversal Marks
and to protect the public from the resulting likelihood of confusion being caused by Defendants.
91.
Fully aware of NBCUniversals rights, Defendants have acted knowingly,
willfully, in reckless disregard of those rights, and in bad faith.
{39675446;1}
31
DEFENDANTS DAMAGED AND INJURED NBCUNIVERSAL AND THE PUBLIC

92.
Defendants unauthorized use of the NBCUniversal Marks is likely to cause
confusion, mistake, and deception as to the source or origin of Defendants products, and is
likely to falsely suggest an affiliation, sponsorship, connection, or association between
Defendants, their products, services, and their commercial activities with NBCUniversal.
93.
Indeed, actual confusion has already taken place. NBCUniversal has received
numerous inquiries and complaints due to Defendants efforts to make it appear that Defendants
and their purported television shows Stars & Hearts and Living Beautiful, are affiliated with
NBCUniversal. NBCUniversal also has received complaints stating that Defendants, through
their misleading and inappropriate business practices, have extracted payment from some
consumers without providing any services or with services different from what Defendants
promised to the consumers.
94.
Incredibly, some of the consumers who have expressed concerns to
NBCUniversal have received letters from Defendants or their counsel threatening to take action
against them for defamation and other claims on the basis of their efforts to bring Defendants
illegal conduct to light.
95.
Defendants unauthorized use of the NBCUniversal Marks is likely to dilute the
distinctiveness and tarnish the value of NBCUniversals famous Marks.

96.
Defendants acts, described above, have damaged and irreparably injured, and, if
permitted to persist, will continue to irreparably injure both NBCUniversal and the public, which
has an interest in being free from confusion, mistake and deception.
{39675446;1}
32
97.
Defendants illegal actions, as described herein, infringe upon NBCUniversals
exclusive trademark rights and deprive NBCUniversals of those rights and NBCUniversals
goodwill.
FIRST CLAIM FOR RELIEF
Trademark Infringement Under
Section 32(1) of the Lanham Act, 15 U.S.C. 1114(1)
(against all Defendants)
98.
NBCUniversal repeats and realleges each and every allegation set forth in
Paragraphs 1 through 97 of this Complaint.

99.
The NBCUniversal Marks and the goodwill associated with them in the United
States and throughout the world are of great value, are highly distinctive, and have become
universally associated in the public mind with NBCUniversals goods and services of the very
highest quality and reputation.
100.
Without NBCUniversals authorization or consent, and having actual and/or
constructive notice and knowledge of NBCUniversals well-known and prior rights in the
NBCUniversal Marks, Defendants used, created, distributed, advertised, offered and sold goods
and services incorporating the NBCUniversal Marks, trade names and domain name in an
attempt to trade on the enormous goodwill and reputation represented by the NBCUniversal
Marks.
101.
Defendants use of copies or simulations of the NBCUniversal Marks in
conjunction with the First, Second and Third Infringing Domains, the @nbcuni-studios e-mail
suffixes and trade names, television show marketing materials, and as otherwise described herein
has caused, is likely to cause, and is causing confusion, mistake, and deception among the
general purchasing public and consumers as to the origin or association of Defendants with
NBCUniversal, and is likely to deceive the public into believing the Defendants and the
{39675446;1}
33
television shows that they are producing, marketing, advertising or selling originate from, are
sponsored by or are otherwise authorized by or affiliated with NBCUniversal.
102.
NBCUniversal has no adequate remedy at law and, if the Defendants activities
are not enjoined, NBCUniversal will continue to suffer irreparable harm and injury to its
goodwill and reputation, and to the goodwill and reputation of NBCUniversals Marks.
103.
Defendants actions demonstrate an intentional, willful, and malicious intent to
trade on the goodwill associated with NBCUniversals Marks.

104.
Defendants are causing and are likely to cause substantial injury to the public and
NBCUniversal, and NBCUniversal is entitled to injunctive relief and an award of Defendants

profits, treble damages, costs, and reasonable attorneys fees.
SECOND CLAIM FOR RELIEF
Trademark Infringement, False Designation
of Origin, Passing Off, and Unfair Competition Under
Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a)(1)(A)
105.

106.
The goods and services used, created, distributed, advertised, offered, and sold by
Defendants are of the same nature and type as NBCUniversals.

107.
Defendants unauthorized use of the NBCUniversal Marks as well the use and/or
registration of the domain names and trade names constitutes a false designation of the origin of
their goods and/or services, are likely to cause confusion, or to cause mistake, or to deceive as to
the origin, sponsorship, or approval of Defendants, their products, and/or their commercial
activities by or with NBCUniversal.
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34
108.
Defendants unauthorized use of the NBCUniversal Marks falsely suggests that
Defendants businesses are connected with, sponsored by, affiliated with, or related to
NBCUniversal.
109.
Consumers and Internet users presented with the First, Second and Third
Infringing Domains, the @nbcuni-studios e-mail suffixes, trade names and Defendants
marketing and other materials containing unauthorized NBCUniversal Marks will associate
Defendants with NBCUniversal and are likely to be confused and believe that NBCUniversal has
authorized the use of their Marks or has endorsed or otherwise associated itself with Defendants.
110.
The First, Second and Third Infringing Domains, trade names, and marketing and
other materials described herein are deceptive and confusingly similar (if not identical) to the
NBCUniversal Marks.
111.
Defendants actions constitute trademark infringement, false designation of
origin, passing off, and unfair competition in violation of Section 43(a) of the Lanham Act, 15
U.S.C. 1125(a).
112.
NBCUniversal has no adequate remedy at law and, if the Defendants activities
are not enjoined, NBCUniversal will continue to suffer irreparable harm and injury to its
goodwill and reputation, and to the goodwill and reputation of NBCUniversals Marks.
113.
Defendants actions demonstrate an intentional, willful, and malicious intent to
trade on the goodwill associated with NBCUniversals Marks.

114.
Defendants are causing and are likely to cause substantial injury to the public and
NBCUniversal, and NBCUniversal is entitled to injunctive relief and an award of Defendants

profits, treble damages, costs, and reasonable attorneys fees.
{39675446;1}
35
THIRD CLAIM FOR RELIEF

Trademark Dilution Under
Section 43(c) of the Lanham Act, 15 U.S.C. 1125(c)
115.

116.
The NBCUniversal Marks are inherently distinctive or have acquired
distinctiveness through extensive use, advertising, or promotion.

117.
The NBCUniversal Marks are famous as that term is used in 15 U.S.C. 1125(c),
and became famous long before Defendants actions described herein.

118.
By the acts described above, Defendants intentionally and willfully have diluted
and are continuing to dilute the distinctive quality of NBCUniversals Marks, and are tarnishing
those marks, in violation of Section 43(c) of the Lanham Act, 15 U.S.C. 1125(c).
NBCUniversal has no adequate remedy at law.
FOURTH CLAIM FOR RELIEF
Cybersquatting Under
Section 43(d) of the Lanham Act, 15 U.S.C. 1125(d)
119.

120.
Defendants caused to be registered, registered, and/or used the First, Second and
Third Infringing Domains and the @nbcuni-studios e-mail suffixes with the bad-faith intent to
profit from NBCUniversals Marks.
121.
NBCUniversals Marks are and were distinctive and are and were famous at the
time Defendants caused to be registered, registered, and/or used the First, Second and Third
Infringing Domains and the @nbcuni-studios e-mail suffixes.
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36
122.
The First, Second and Third Infringing Domains and the @nbcuni-studios e-mail
suffixes are confusingly similar to NBCUniversals Marks.

123.
The First, Second and Third Infringing Domains and the @nbcuni-studios e-mail
suffixes injure and are dilutive of NBCUniversals Marks.

124.
As of the date of the registration and use of the First, Second and Third Infringing
Domains and the @nbcuni-studios e-mail suffixes, the NBCUniversal Marks had long been
extraordinarily famous and had acquired substantial goodwill.
125.
By the acts described above, Defendants have willfully violated and continue to
willfully violate Section 43(d) of the Lanham Act, 15 U.S.C. 1125(c). NBCUniversal has no
adequate remedy at law.
FIFTH CLAIM FOR RELIEF
Unfair and Deceptive Trade Practices Under
the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. 501.201 et seq.
126.

127.
This is a cause of action for damages and injunctive relief against Defendants
arising out of violations of Floridas Deceptive and Unfair Trade Practices Act (FDUTPA)
codified in Fla. Stat. 501.201 et. seq. FDUTPA applies to unfair methods of competition,
unconscionable acts or practices, and unfair and deceptive practice in the conduct of any trade or
commerce.
128.
Trade or commerce is further defined under Fla. Stat. 501.203 to encompass
advertising, soliciting, providing, offering, or distributing
. . . any good or service.
Defendants at all material times were engaged in a trade or commerce, as defined within Fla.
Stat. 501.203.
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37
129.
Fla. Stat. 501.211 permits any person including entities such as
NBCUniversal who suffers a loss as a result of a violation to bring an action for actual
damages, plus attorneys fees and costs.
130.
As described above, NBCU Productions, BTTV, E Productions, Marks, Winters,
Allen, Curlee and Walker engaged in unfair methods of competition, unfair and/or deceptive acts
of practices, and unconscionable acts or practices, in the conduct of trade or commerce, which
acts or practices are unlawful, pursuant to Fla. Stat. 501.204.
For example, NBCU
Productions, BTTV, E Productions, Marks, Winters, Allen, Curlee and Walker failed to obtain
authorization from NBCUniversal prior to publicizing and using NBCUniversals Marks in
marketing and promotional materials, implied or conveyed the appearance of an affiliation,
promotion or endorsement by NBCUniversal of Defendants actions.
131.
The actions of NBCU Productions, BTTV, E Productions, Marks, Winters, Allen,
Curlee and Walker, as described above, are likely to cause confusion, or to cause mistake, or to
mislead, or to deceive as to the origin, sponsorship, or approval of Defendants, their products,
and their commercial activities by or with NBCUniversal, and thus constitute unfair or deceptive
acts or practices in violation of FDUTPA.
132.
Defendant Kielar actively participated in the formation of the NBCU Productions.
Defendant Curlee actively participated in the formation of E Productions. Defendants Kielar, in

her capacity as manager for NBCU Productions, Curlee in his capacity as manager for E
Productions, and Winters, in his capacity as production manager for NBCU Productions, had
some measure of control over the deceptive or unfair practices of Defendants.
133.
Entry of an injunction to enjoin Defendants from continuing to violate FDUTPA
is necessary and appropriate. NBCUniversal has suffered and is continuing to suffer irreparable
{39675446;1}
38
damages, and is without adequate remedy at law. Unless enjoined by the Court, Defendants
violations of FDUTPA will continue.
134.
As a direct and proximate result of these violations of FDUTPA by Defendants,
NBCUniversal has sustained actual losses and damages.

SIXTH CLAIM FOR RELIEF
Trademark Dilution Under
Florida Statute 495.151
135.

136.
The NBCUniversal Marks are inherently distinctive and famous in Florida, and
were famous before Defendants began the activities described herein.

137.
The NBCUniversal Marks are widely recognized by the general consuming public
in Florida as a designation of source for NBCUniversals products and services.

138.
Defendants use and/or registration of the First, Second and Third Infringing
Domains and the @nbcuni-studios e-mail suffixes and trade names, and their other unauthorized
uses of the NBCUniversal Marks described herein, injure, dilute and/or are likely to dilute the
NBCUniversal Marks by blurring their distinctiveness.
139.
By the acts described above, Defendants intentionally and willfully have diluted
and are continuing to dilute and/or are likely to dilute the distinctive quality of NBCUniversals
Marks in violation of Fla. Stat. 495.151 et seq. NBCUniversal has no adequate remedy at law.
{39675446;1}
39
SEVENTH CLAIM FOR RELIEF

Unfair Competition Under
Florida Common Law
140.

141.
Defendants unauthorized use of NBCUniversals Marks is likely to cause
confusion as to the origin, source or sponsorship of Defendants services, or to cause mistake, or

to deceive the public and the trade into believing that Defendants services originate with or are
otherwise authorized by NBCUniversal.
142.
Defendants
were
on
notice
of
NBCUniversals
exclusive
rights
in
NBCUniversals Marks prior to registering the First, Second and Third Infringing Domains and
the @nbcuni-studios e-mail suffixes and applying to register the trade names, and prior to their
other unauthorized uses of the NBCUniversal Marks described herein. Defendants use of
NBCUniversals Marks is willful, in bad faith and with full knowledge of NBCUniversals prior
use of, exclusive rights in, and ownership of NBCUniversals Marks, with full knowledge of the
reputation and good will associated with NBCUniversals Marks, and with full knowledge that
Defendants have no right, license or authority to use NBCUniversals Marks.
143.
By misappropriating and trading upon the good will and business reputation
represented by NBCUniversals Marks, Defendants have been and, unless enjoined by this
Court, will continue to be unjustly enriched at NBCUniversals expense.
144.
Defendants conduct constitutes common law unfair competition under the laws
of the State of Florida. NBCUniversal has no adequate remedy at law.
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40
EIGHTH CLAIM FOR RELIEF

Alter Ego
(against Defendant Kielar)
145.

146.
Defendant Kielar is the sole manager of NBCU Productions. Upon information
and belief, Kielar dominated and controlled NBCU Productions to the point where NBCU
Productions was a mere instrumentality, tool or alter ego of Kielar.
Alternatively, upon
information and belief, NBCU Productions was organized for and/or used after organization for
fraudulent or misleading purposes. Additionally, upon information and belief, Kielar utilized
aliases and was aware that NBCU Productions and/or its representatives utilized different names
in order to further disguise the true nature of the activities of NBCU Productions and the
responsible parties behind same.
147.
Upon information and belief, Kielar, the real party in interest, used NBCU
Productions as a device or sham to mislead consumers and to insulate herself from liability for
the conduct of NBCU Productions.
148.
The fraudulent or improper use of NBCU Productions caused injury to NBCU
Productions.
149.
As a result of the foregoing, the corporate veil of NBCU Productions should be
pierced and Kielar should be held liable for the actions of NBCU Productions.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in their
favor on each and every claim for relief set forth above and award them relief, including but not
limited to the following:
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41
A.
An Order declaring that Defendants use of the NBCUniversal Marks, First,
Second and Third Infringing Domains, the @nbcuni-studios e-mail suffixes and the trade names
infringes NBCUniversals trademarks, dilutes NBCUniversals trademarks, and constitutes
unfair competition under federal and/or state law;
B.
Preliminary and permanent injunctions enjoining Defendants and their employees,
agents, partners, officers, directors, owners, shareholders, principals, subsidiaries, related

companies, affiliates and distributors and all persons in active concert or participation with any
of them:
1.
From using, registering, or seeking to register any of the NBCUniversal
Marks in any form, including but not limited to in connection with any other wording or
designs, and from using any other marks, logos, designs, designations, or indicators that
are confusingly similar to any of the NBCUniversal Marks and/or dilutive of any of the
NBCUniversal Marks;
2.
From representing by any means whatsoever, directly or indirectly, that
Defendants, any products or services offered by Defendants, or any activities undertaken

by Defendants, are associated with NBCUniversal or sponsored by or affiliated with
NBCUniversal in any way; and
3.
From assisting, aiding, or abetting any other person or business entity in
engaging in or performing any of the activities referred to in subparagraphs B(1)-(2);

C.
An
Order
directing
Defendants
to
destroy
all
products,
documents,
correspondence, media kits, packaging, signage, advertisements, promotional materials,

stationery, forms, and/or any other materials and things that contain or bear any of the
{39675446;1}
42
NBCUniversal Marks or that are confusingly similar to any of the NBCUniversal Marks and/or
dilutive of NBCUniversals Marks;
D.
An Order directing Defendants (and the relevant registrar) to transfer to
NBCUniversal the First, Second and Third Infringing Domains, the @nbcuni-studios e-mail
suffixes and all other domain names or e-mail suffixes Defendants own or control that contain
any of the NBCUniversal Marks and trademarks, any marks confusingly similar to any of
NBCUniversal Marks, and/or any marks dilutive of any of the NBCUniversal Marks (including
but not limited to any domain names comprised of or containing NBC, Universal, Universal
Studios, E!, E! Entertainment, or E Entertainment);
E.
An Order requiring Defendants to disseminate pre-approved corrective
advertising and send letters pre-approved by Plaintiffs to all customers, resellers, retailers,
agents, partners, and/or representatives to address the likely confusion and dilution caused by
Defendants use of the NBCUniversal Marks and the First, Second and Third Infringing
Domains;
F.
An Order directing that, within thirty (30) days after the entry of the injunction,
Defendants file with this Court and serve on NBCUniversals attorneys a report in writing and
under oath setting forth in detail the manner and form in which Defendants have complied with
the injunction;
G.
An Order requiring Defendants to pay statutory damages under 15 U.S.C.
1117(d), on election by NBCUniversal, in an amount of one hundred thousand dollars

($100,000) for the registration and use of each of the First, Second and Third Infringing
Domains;
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43
H.
An Order requiring Defendants to pay NBCUniversal damages, including
Defendants profits, in an amount as yet undetermined caused by the foregoing acts, and trebling
such damages in accordance with 15 U.S.C. 1117, Fla. Stat. 501.211, and other applicable
laws;
I.
An Order requiring Defendants to pay NBCUniversal all of its litigation expenses,
including reasonable attorneys fees and the costs of this action pursuant to 15 U.S.C. 1117,
Fla. Stat. 501.2105, and other applicable laws;
J.
An Order requiring Defendants to pay NBCUniversal punitive damages for
trademark infringement and unfair competition in accordance with Florida Common law; and
K.
Other relief as the Court may deem appropriate.
Dated: September 30, 2016.
Respectfully submitted,
/s/ Michael Chavies
MICHAEL CHAVIES
Florida Bar No. 0191254
ILANA TABACINIC
AKERMAN LLP
Three Brickell City Centre
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44

NBCUniversal Trademark Lawsuit

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NBCUniversal Trademark Lawsuit

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Case 1:16-cv-24185-CMA Document 1 Entered on FLSD Docket 09/30/2016 Page 1 of 44

IN THE UNITED STATES DISTRICT COURT

Civil Action No.

NBCU PRODUCTIONS, LLC, a Florida limited

Case 1:16-cv-24185-CMA Document 1 Entered on FLSD Docket 09/30/2016 Page 2 of 44

NATURE OF THIS ACTION

This case concerns Defendants blatant and willful violations of NBCUniversals

NBCUniversal, one of the worlds leading media and entertainment companies,

Defendants are blatantly infringing NBCUniversals trademarks in order to

Case 1:16-cv-24185-CMA Document 1 Entered on FLSD Docket 09/30/2016 Page 3 of 44

produced in conjunction with NBCUniversal, thereby unlawfully profiting by misappropriating

Similarly, the name of Defendant E Television Productions is

confusingly similar to NBCUniversal's E! and E! Entertainment businesses;

Case 1:16-cv-24185-CMA Document 1 Entered on FLSD Docket 09/30/2016 Page 4 of 44

Written communications from one of Defendants representatives in or about

These examples demonstrate Defendants pattern of conduct that makes it

As a result of Defendants use of the NBCUniversal marks and their misleading

Case 1:16-cv-24185-CMA Document 1 Entered on FLSD Docket 09/30/2016 Page 5 of 44

Plaintiff NBCUNIVERSAL MEDIA, LLC, a subsidiary of Comcast Corporation,

is a Delaware limited liability company with a principal place of business at 30 Rockefeller

NBCUniversal Media, LLC was formerly known as

Plaintiff UNIVERSAL CITY STUDIOS LLC, a subsidiary of NBCUniversal

Case 1:16-cv-24185-CMA Document 1 Entered on FLSD Docket 09/30/2016 Page 6 of 44

Plaintiff E! ENTERTAINMENT TELEVISION, LLC, a subsidiary of

Defendant NBCU PRODUCTIONS, LLC is a Florida limited liability company

Defendant E TELEVISION PRODUCTIONS, LLC is a Florida limited liability

Case 1:16-cv-24185-CMA Document 1 Entered on FLSD Docket 09/30/2016 Page 7 of 44

Upon information and belief, as Manager of Defendant NBCU Productions,

Upon information and belief, Defendant JOHN DOE 2 d/b/a BTTV

Case 1:16-cv-24185-CMA Document 1 Entered on FLSD Docket 09/30/2016 Page 8 of 44

Case 1:16-cv-24185-CMA Document 1 Entered on FLSD Docket 09/30/2016 Page 9 of 44

JANE DOE 1 a/k/a LINDA WALKER a/k/a LINDA WATERS is an individual

Collectively, Defendants NBCU Productions, Kielar, E Television Productions,

Moreover, upon information and belief, Defendants conducted substantial

Case 1:16-cv-24185-CMA Document 1 Entered on FLSD Docket 09/30/2016 Page 10 of 44

Comcast Corporation completed its

NBCUniversal is one of the worlds leading media and entertainment companies

in the development, production, and marketing of entertainment, news, and information to a

Case 1:16-cv-24185-CMA Document 1 Entered on FLSD Docket 09/30/2016 Page 11 of 44

fastest-growing Spanish-language network, a valuable portfolio of news and entertainment

a. The NBC and Universal Marks

paragraphs) will be referred to as the NBC and UNIVERSAL Marks.

NBCUniversal owns valid and incontestable U.S. federal trademark registrations

Case 1:16-cv-24185-CMA Document 1 Entered on FLSD Docket 09/30/2016 Page 12 of 44

marks since NBC and Universal merged their assets in 2004.

NBCUniversal and its

the mark NBC beginning in or around 1927, and the mark

UNIVERSAL beginning in or around 1912. Additionally, NBCUniversal and its predecessors in

trademarks in the United States and around the world.

Case 1:16-cv-24185-CMA Document 1 Entered on FLSD Docket 09/30/2016 Page 13 of 44

Case 1:16-cv-24185-CMA Document 1 Entered on FLSD Docket 09/30/2016 Page 14 of 44

Production and Distribution of

E! Entertainment is a well-known global multiplatform brand that is owned and

operated by NBCUniversal Media, LLCs subsidiary E! Entertainment Television, LLC.

The E! Entertainment television network and channel was launched in 1990. It is

On the internet, E! Entertainment Television, LLC owns and operates

www.Eonline.com (Eonline), the website associated with E! Entertainment. Eonline delivers

Case 1:16-cv-24185-CMA Document 1 Entered on FLSD Docket 09/30/2016 Page 15 of 44

Among the numerous trademarks long-used by E! Entertainment Television, LLC

and widely recognized by consumers in connection with E! Entertainments products and

NBCUniversal Media, LLC, through its subsidiary E! Entertainment Television,

Case 1:16-cv-24185-CMA Document 1 Entered on FLSD Docket 09/30/2016 Page 16 of 44

Television broadcasting services by

Providing gossip celebrity news,