Case 1:10-cv-07378-VM Document 1 Filed 09/24/10 Page 1 of 17

Case 1:10-cv-07378-VM Document 1 Filed 09/24/10 Page 2 of 17

N AT U R E O F T H E A C T I O N

1. This is a civil action for trademark infringement, false designation of origin,

unfair competition and trademark dilution under the federal trademark laws, 15 U.S.C. § 1051 et

seqWKH³/DQKDP$FW´DQGIRUUHODWHGFODLPVDULVLQJXQGHUWKHODZVRIWKH6WDWHRI1HZ<RUN

2. By this action, the plaintiffVVHHNUHPHG\IRU'HIHQGDQWV¶SHUVLVWHQWDQGZLOOIXO

LQIULQJHPHQWRISODLQWLII¶VLQWHOOHFWXDOSURSHUW\ULJKWVGHVSLWHFRQVWUXFWLYHDQGDFWXDOQRWLFH

thereof.

T H E PA RT I ES

3. *UDQW%R[LQJ,QF³*UDQW´LVDFRUSRUDWLRQGXO\RUJDQL]HGDQGH[LVWLQJXQGHU

the laws of the State of New York, having its principal place of business at 243 Fifth Ave., New

York, NY 10016.

4. *%/LFHQVLQJ//&³*%´LVDOLPLWHGOLDELOLW\FRPSDQ\GXO\RUJDQL]HGDQG

existing under the laws of the State of New York, having its principal place of business at 243

Fifth Avenue, New York, NY 10016.

5. 8SRQLQIRUPDWLRQDQGEHOLHI033URPRWLRQV86$,QF³033URPRWLRQV´LVD

domestic corporation duly organized and existing under the laws of the State of Nevada, having a

place of business at 800 E. Charleston Blvd., Las Vegas, Nevada 89104, the address of its

registered agent, Corporate Services of America.

6. 8SRQLQIRUPDWLRQDQGEHOLHI030HUFKDQGLVH//&³030HUFKDQGLVLQJ´LVD

limited liability company duly organized and existing under the laws of the State of Delaware,

having its principal place of business at 340 South Hauser Blvd., No. 432, Los Angeles, CA

90036-3239, and its registered agent, National Corporate Research, LTD., at 615 South Dupont

Highway, Dover, DE 19901.

Grant Boxing, Inc., et al. v. MP Promotions USA, Inc., et al.

Complaint For Trademark Infringement Page 2
 Case 1:10-cv-07378-VM Document 1 Filed 09/24/10 Page 3 of 17

7. Upon information and belief, Emmanuel Dapidran Pacquiao a/k/a Manny

3DFTXDLR³0DQQ\3DFTXLDR´LVDZRUOG-famous boxer, the sole Director of defendant MP

Promotions and a citizen and resident of the Philippines. Manny Pacquiao spends a substantial

amount of his time in the United States training, boxing and carrying out other business incident

to his boxing career.

8. 8SRQLQIRUPDWLRQDQGEHOLHI5RJHOLR'3DFTXLDR³53DFTXLDR´LV0DQQ\

3DFTXLDR¶VEURWKHUDQG3UHVLGHQW6HFUHWDU\DQG7UHDVXUHURIGHIHndant MP Promotions.

9. 8SRQLQIRUPDWLRQDQGEHOLHI7RS5DQN,QF³7RS5DQN´LVDFRUSRUDWLRQGXO\

organized and existing under the laws of the State of Nevada, having its principal place of

business at 3980 Howard Hughes, Suite 580, Las Vegas, Nevada 89109. Top Rank is a leading

promoter of boxing matches in the United States . The address of its registered agent, The

Prentice-Hall Corporation System Nevada, Inc., is 502 East John Street, Carson City, NV 89706.

Upon information and belief, Michael Heitner, whose business address is 2 Park Avenue, New

York, NY 10016, is an officer of Top Rank.

JU R ISD I C T I O N A N D V E N U E

10. Subject matter jurisdiction over the Lanham Act claims in this action is conferred

upon the Court pursuant to 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331, 1338 and 1367.

11. 7KLV&RXUWKDVMXULVGLFWLRQRYHUSODLQWLIIV¶UHODWHG1HZ<RUNVWDWHODZFODLPV

under 28 U.S.C. §§ 1338 and 1367.

12. Upon information and belief, this Court has personal jurisdiction over each of the

Defendants, all of whom transact business in this judicial district. MP Promotions, MP

Merchandise, Manny Pacquiao and Top Rank have conducted press conferences and have

entered into licensing deals in New York, including but not limited to licensing deals for pay-

Grant Boxing, Inc., et al. v. MP Promotions USA, Inc., et al.

Complaint For Trademark Infringement Page 3
 Case 1:10-cv-07378-VM Document 1 Filed 09/24/10 Page 4 of 17

per-view broadcasting of their boxing matches on HBO, a subsidiary of the media conglomerate

Time Warner, Inc., having corporate offices within the City of New York. Upon information and

belief, Top Rank produces boxing matches in the City of New York. Upon information and

belief, MP Merchandise, Manny Pacquiao and R. Pacquiao have encouraged, ratified, adopted

and/or personally participated in the conduct of MP Promotions, MP Merchandise and Top Rank

complained of herein.

13. Upon information and belief, venue is proper in this judicial district pursuant to 28

U.S.C. § 1391(b) because the Defendants either have substantial contacts with this judicial

district and/or a substantial part of the events or omissions giving rise to the claims in this

Complaint occurred in this judicial district. Additionally, venue with respect to Manny Pacquiao

and R. Pacquiao is proper in this judicial district pursuant to 28 U.S.C. § 1391(d).

FA C TS A N D A L L E G A T I O NS C O M M O N T O A L L C L A I MS

14. Grant Boxing is a well-known manufacturer of boxing and training equipment,

including but not limited to boxing gloves, head gear, punch mitts, heavy bags and speed bags, as

well as apparel, clothing and accessories.

15. *%/LFHQVLQJGHYHORSHGZKDWLWFDOOVWKH³3XQFK\´ORJRLQ7KH3XQFK\

logo is a distinctive pictograph of a boxer from the waist up delivering a roundhouse punch. The

head and hands of the boxer are rendered as three ovals. The oval delivering the punch is not a

perfect circle, giving it the appearance of movement.

16. GB Licensing is the owner of two federal trademark registrations for the Punchy

logo:

(a) Federal registration number 3221254 with respect to International Class

025 (clothing, casual wear and sportswear for men and women) and International Class

Grant Boxing, Inc., et al. v. MP Promotions USA, Inc., et al.

Complaint For Trademark Infringement Page 4
 Case 1:10-cv-07378-VM Document 1 Filed 09/24/10 Page 5 of 17

028 (boxing equipment), first used on May 1, 2003, and registered on March 27, 2007;

and

(b) Federal registration number 3341378 with respect to International Class

025, first used on May 1, 2003, and registered on November 20, 2007.

Copies of the registration certificateVIRUWKH3XQFK\ORJRKHUHLQDIWHUWKH³3XQFK\7UDGHPDUNV´

are attached hereto as Exhibit A.

17. The Punchy Trademarks have been in continuous use in interstate commerce since

WKURXJK*%/LFHQVLQJ¶VH[FOXVLYHOLFHQVHH*UDQW%R[LQJ7KHUHJLVWHUHGHxemplars of the

Punchy Trademarks are shown below.

Punchy Trademark Reg. No. 3221254 Punchy Trademark Reg. No. 3341378

18. 7KHSURPLQHQFHRIWKH3XQFK\7UDGHPDUNVRQ*UDQW¶VHTXLSPHQWLQFOXGLQJLWV

boxing gloves, combined with the use of that equipment by Olympic and world champions,

makes it impossible for boxers, trainers, promoters and fans alike not to be aware of this

distinctive logo. In the boxing world, Grant gloves are famous. Boxing gloves by Grant Boxing

are used professionally by boxers in every weight class. Among current users of Grant gloves are

WBC (World Boxing Council) world heavyweight champion Vitali Klitschko, WBA (World

Boxing Association) heavyweight champion David Haye, Floyd Mayweather, Evander

Holyfield, Wladimir Klitschko, Roy Jones Jr., Joe Calzaghe, Bernard Hopkins and Joan Guzman.

Julio Cesar Chavez Jr., the current World Boxing Council (WBC) Silver Middleweight

Grant Boxing, Inc., et al. v. MP Promotions USA, Inc., et al.

Complaint For Trademark Infringement Page 5
 Case 1:10-cv-07378-VM Document 1 Filed 09/24/10 Page 6 of 17

Champion, wore Grant gloves from approximately 2004 through 2009. Other past fighters who

used Grant gloves include Felix Trinidad, Antonio Tarver, Roberto Duran, Sugar Ray Leonard,

5LFKDUGR/RSH]DQG5LGGLFN%RZH,PDJHVRIVRPHRIWKHVHER[HUVZHDULQJ*UDQW¶VJORYHVDUH

shown below.

F loyd Mayweather Wladimir Klitschko

Julio Cesar Chavez Jr.

Grant Boxing, Inc., et al. v. MP Promotions USA, Inc., et al.

Complaint For Trademark Infringement Page 6
 Case 1:10-cv-07378-VM Document 1 Filed 09/24/10 Page 7 of 17

Evander Holyfield Timothy Bradley

19. On November 14 2009, the date of a boxing match between Manny Pacquiao and

Miguel Cotto, Grant Elvis Phillips, founder and chief executive officer of Plaintiffs, received a

call from a boxing equipment distributor asking if Grant Boxing had made a deal with MP

Promotions, as he saw what he believed was the Punchy Trademark hanging above the boxing

ring at the Pacquiao-Cotto fight. Mr. Phillips did not see the fight, but set about to investigate the

allegations that his Punchy Trademarks had been misappropriated.

20. In the ensuing few months Mr. Phillips discovered the Punchy Trademarks had

indeed been misappropriated and re-IDVKLRQHGDVDORJRIRU0DQQ\3DFTXLDR¶VFRPSDQ\03

3URPRWLRQVWKH³,QIULQJLQJ/RJR´$VFDQEe seen from the example below, the Infringing

Logo simply flips horizontally the pictographic portion of the Punchy Trademarks, maintaining

the overall appearance of the mark.

Grant Boxing, Inc., et al. v. MP Promotions USA, Inc., et al.

Complaint For Trademark Infringement Page 7
 Case 1:10-cv-07378-VM Document 1 Filed 09/24/10 Page 8 of 17

The Infringing Logo

21. Specifically, Mr. Phillips discovered that the Infringing Logo was being used for

the promotion and presentation of boxing matches and on products such as jackets and shirts

ZKLFKFRPSHWHZLWK*UDQW%R[LQJ¶VSURGXFWV

22. On the morning of March 12, 2010, Mr. Phillips delivered cease and desist letters

tR0DQQ\3DFTXLDR¶VPDQDJHU0LNH.RQF]UHJDUGLQJWKH,QIULQJLQJ/RJR,QSHUWLQHQWSDUWWKH

letters stated that:

We are aware of the use of the Infringing Logo on articles of clothing at live
sporting events, on large banners displayed at such events and in general
promotional materials for such events. ... In particular, I am told that the
Infringing Logo will be prominently displayed in and around the forthcoming
Manny Pacquaio vs. Joshua Clottey fight at Cowboys Stadium, Dallas, Texas,
on Saturday, March 13.

* * *

"Your use of the Infringing Logo in the manner described above constitutes a
violation of our rights and is severely damaging to our proprietary trademark
and, potentially, our business. We ask that you immediately discontinue the use
of the Infringing Logo, as ongoing violations of our rights will not be
tolerated."

23. Between 2:00 and 3:00 pm in the afternoon of March 12, 2010, Mr. Phillips met

Mr. Koncz in the gym at the Gaylord Hotel in Grapevine, Texas. Mr. Phillips told Mr. Koncz

that Manny Pacquiao and his people had to stop using the Punchy Trademarks and that people

were getting confused. Mr. Koncz told Mr. Phillips that he would discuss the matter with Manny

Pacquiao and his attorneys and the matter would be resolved.

Grant Boxing, Inc., et al. v. MP Promotions USA, Inc., et al.

Complaint For Trademark Infringement Page 8
 Case 1:10-cv-07378-VM Document 1 Filed 09/24/10 Page 9 of 17

24. Although he waited patiently, Mr. Phillips did not hear back from Mr. Koncz or

anyone in the Pacquiao camp. Moreover, Mr. Phillips began to see clothing bearing the

Infringing Logo for sale on eBay and other websites. Finally, on August 27, 2010, MP

Promotions and Top Rank announced a coast-to-coast media tour to launch the promotion of the

November 13, 2010, fight between Manny Pacquiao and Antonio Margarito. On September 1,

2010, a press conference open to the public, attended by Manny Pacquiao, among others, was

held at Chelsea Piers, Pier 60, in New York City. The Infringing Logo was prominently and

repeatedly displayed on the press conference backdrop and on the press kits that were handed

RXW7RS5DQN¶VZHEVLWHZZZWRSUDQNFRPFRQWDLQVQXPHURXVLQstances where the Infringing

Logo is displayed in connection with the upcoming Pacquiao-Margarito fight. An image from the

Chelsea Piers press conference, showing the Infringing Logo in various places on the backdrop

(taken from a videoclip RQ7RS5DQN¶VZebsite), is shown below. A copy of the press kit handed

out at Chelsea Piers is attached as Exhibit B.

Image from videoclip of press conference at Chelsea Piers, from website of Top Rank, Inc.

Grant Boxing, Inc., et al. v. MP Promotions USA, Inc., et al.

Complaint For Trademark Infringement Page 9
 Case 1:10-cv-07378-VM Document 1 Filed 09/24/10 Page 10 of 17

25. Clearly, the Defendants have no intention to stop using the Infringing Logo, have

made the Infringing Logo a part of their national promotional campaign for the Pacquiao-

Margarito fight on November 13, 2010, and have encouraged, ratified, adopted and/or personally

participated in the unauthorized use of the Punchy Trademarks.

26. 'HIHQGDQWV¶FRQGXFWLVZLOOIXODQGLQWHQGHGWRFRQIXVHPLVOHDGDQGGHFHLYH

members of the public and the boxing world, thereby damaging Plaintiffs¶ business reputation,

goodwill and the value of the Punchy Trademarks.

AS A N D F O R A F I RST C A USE O F A C T I O N
Federal T rademar k Infringement
(15 U.S. C . §§ 1114-1117; L anham A ct §§ 32-35)

27. Plaintiffs reallege and incorporate by reference each of the allegations contained

in paragraphs 1 through 26 of this Complaint.

28. Without Plaintiffs¶FRQVHQW'HIHQGDQWVKDYHDSSURSULDWHGWKH3XQFK\7UDGHPDUNV

IRUXVHLQFRQQHFWLRQZLWKWKHSURPRWLRQRI'HIHQGDQWV¶SURGXFWVDQGVHUYLFHVDOORIZKLFK

LQIULQJHXSRQ3ODLQWLIIV¶ODZIXOULJKWV

29. 'HIHQGDQWV¶DFWVRIWUDGHPDUNLQIULQJHPHQWZHUHDQGDUHbeing committed

ZLOOIXOO\DQGZLWKWKHLQWHQWWRFRQIXVHDQGGHFHLYHWKHSXEOLFDVWR'HIHQGDQWV¶DIILOLDWLRQ

connection or association with Plaintiffs in violation of 15 U.S.C. § 1114.

30. $VDGLUHFWDQGSUR[LPDWHUHVXOWRI'HIHQGDQWV¶FRQGXFW3ODLQWLffs have suffered

substantial damages, including without limitation to its business reputation and goodwill.

31. 'HIHQGDQWV¶FRQGXFWKDVFDXVHGDQGXQOHVVHQMRLQHGZLOOFRQWLQXHWRFDXVH

LUUHSDUDEOHKDUPDQGLQMXU\WR3ODLQWLIIV¶EXVLQHVVUHSXWDWLRQDQG goodwill for which there is no

DGHTXDWHUHPHG\DWODZ'HIHQGDQWV¶FRQGXFWKDVDOVRFDXVHGDQGXQOHVVHQMRLQHGZLOOFRQWLQXH

to cause inevitable public confusion for which there is no adequate remedy at law.

Grant Boxing, Inc., et al. v. MP Promotions USA, Inc., et al.

Complaint For Trademark Infringement Page 10
 Case 1:10-cv-07378-VM Document 1 Filed 09/24/10 Page 11 of 17

32. Consequently, Plaintiffs are entitled to injunctive relief pursuant to 15 U.S.C. §

1116.

33. Pursuant to 15 U.S.C. § 1117, Plaintiffs are entitled to recover damages in an

amount to be determined at trial, including but not limited to the profits earned by Defendants

from their misappropriation and unauthorized use of the Punchy Trademarks.

34. 'HIHQGDQWV¶WUDGHPDUNLQIULQJHPHQWDVDOOHJHGKHUHLQLVDQH[FHSWLRQDOFDVHDQG

undertaken willfully, thereby entitling Plaintiffs to treble their actual damages and to an award of

DWWRUQH\V¶IHHVXQGHU15 U.S.C. §§ 1117(a) and 1117(b).

35. Pursuant to 15 U.S.C. § 1118, Plaintiffs are entitled to the destruction of all labels,

signs, posters, prints, press kits, packages, wrappers, receptacles and advertisements in the

possession of Defendants or under Defendants¶ control which bear the Infringing Logo.

AS A N D F O R A SE C O N D C A USE O F A C T I O N
F alse Designation O f O rigin, Unfair Competition, F alse A dvertising
(15 U.S. C . § 1125(a); L anham A ct §43(a))

36. Plaintiffs reallege and incorporate by reference each of the allegations contained

in paragraphs 1 through 35 of this Complaint.

37. 'HIHQGDQWV¶FRQGXFWLQPLVDSSURSULDWLQJWKH3XQFK\7UDGHPDUNVDQGLQXVLQJ

encouraging, ratifying, adopting and/or personally participating in the use of the Infringing Logo

to promote their products and services is likely to cause confusion, mistake and deception on the

SDUWRIWKHSXEOLFDVWR'HIHQGDQWV¶DIILOLDWLRQFRQQHFWLRQ and association with Plaintiffs, as well

as to cause confusion, mistake and deception as to the true origin, sponsorship or approval of

'HIHQGDQWV¶SURGXFWVDQGVHUYLFHVDOOLQYLRODWLRQRI86&†D

38. 'HIHQGDQWV¶FRQGXFWZDVXQGHUWDNHQZLOOIXOO\DQGZLWKWKHLQWHQWWRFDXVH

confusion, mistake and deception on the part of the public.

Grant Boxing, Inc., et al. v. MP Promotions USA, Inc., et al.

Complaint For Trademark Infringement Page 11
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39. 'HIHQGDQWV¶FRQGXFWKDVGDPDJHG3ODLQWLIIV¶EXVLQHVVUHSXWDWLRQDQGJRRGZLOO

40. 'HIHQGDQWV¶FRQGXFWKDVFDXVHGDQGXQOHVVHQMRLQHGZLOOFRQWLQXHWRFDXVH

LUUHSDUDEOHKDUPDQGLQMXU\WR3ODLQWLIIV¶EXVLQHVVUHSXWDWLRQDQGJRRGZLOOIRUZKLFKWKHUHLVno

adequate remedy at law. Defendants¶ conduct has also caused and, unless enjoined, will continue

to cause inevitable public confusion for which there is no adequate remedy at law.

41. Plaintiffs are therefore entitled to injunctive relief pursuant to 15 U.S.C. § 1116.

42. Pursuant to 15 U.S.C. § 1117, Plaintiffs are entitled to recover damages in an

amount to be determined at trial, including but not limited to the profits earned by Defendants

from their misappropriation and unauthorized use of the Punchy Trademarks.

43. 'HIHQGDQWV¶WUDGHPDUNLQIULQJHPHQWDVDOOHJHGKHUHLQLVDQH[FHSWLRQDOFDVHDQG

undertaken willfully, thereby entitling Plaintiffs to treble their actual damages and to an award of

DWWRUQH\V¶IHHVXQGHU86&††DDQGE

44. Pursuant to 15 U.S.C. § 1118, Plaintiffs are entitled to the destruction of all labels,

signs, posters, prints, press kits, packages, wrappers, receptacles and advertisements in the

possession of Defendants or under Defendants¶ control which bear the Infringing Logo.

AS A N D F O R A T H I R D C A USE O F A C T I O N
Federal T rademar k Dilution
(15 U.S. C . § 1125(c); L anham A ct § 43(c))

45. Plaintiffs reallege and incorporate by reference each of the allegations contained

in paragraphs 1 through 44 of this Complaint.

46. 'HIHQGDQWV¶FRQGXFWDQGVSHFLILFDOO\WKHLUPLVDSSURSULDWLRQRIWKH3XQFK\

7UDGHPDUNVLQLQWHUVWDWHFRPPHUFHWRDGYHUWLVHSURPRWHPDUNHWDQGVHOO'HIHQGDQWV¶SURGXFWV

DQGVHUYLFHVLVOLNHO\WRFDXVHGLOXWLRQRI3ODLQWLIIV¶3XQFK\7UDGHPDUNE\EOXUUing and

tarnishment, in violation of 15 U.S.C. § 1125(c).

Grant Boxing, Inc., et al. v. MP Promotions USA, Inc., et al.

Complaint For Trademark Infringement Page 12
 Case 1:10-cv-07378-VM Document 1 Filed 09/24/10 Page 13 of 17

47. The Punchy Trademarks were first used in commerce on May 1, 2003, and have

been continuously used in commerce since then in connection with the manufacturing,

marketing, promotion and sale of boxing equipment and clothing.

48. $VDUHVXOWRI3ODLQWLIIV¶VXEVWDQWLDOLQYHVWPHQWRIWLPHPRQH\DQGHIIRUWLQ

advertising its products, the Punchy Trademarks have become famous in the boxing world within

the meaning of 15 U.S.C. § 1125(c).

49. DefendaQWV¶DFWLRQVKDYHGLOXWHGDQGZLOOFRQWLQXHWRGLOXWHWKHGLVWLQFWLYHTXDOLW\

of the famous Punchy Trademarks by destroying the association between the Punchy Trademarks

DQG*UDQW%R[LQJ¶VSURGXFWVLQYLRODWLRQRI86&†F

50. 'HIHQGDQWV¶FRQduct has caused and, unless enjoined, will continue to cause

irreparable harm and injury to Plaintiffs, including but not limited to diminution of the value and

JRRGZLOODVVRFLDWHGZLWKWKH3XQFK\7UDGHPDUNVDQGLQMXU\WR3ODLQWLIIV¶EXVLQHVVEXVLQHVV

reputation and goodwill, for which there is no adequate remedy at law. Plaintiffs are therefore

entitled to injunctive relief pursuant to 15 U.S.C. § 1116.

51. Pursuant to 15 U.S.C. § 1117(a), due to Defendants¶ willful conduct, Plaintiffs are

entitled to recover damages in an amount to be determined at trial, including but not limited to

the profits earned by Defendants from their misappropriation and unauthorized use of the Punchy

Trademarks.

52. 'HIHQGDQWV¶WUDGHPDUNLQIULQJHPHQWDVDOOHJHGKHUHLQLVXQGHrtaken willfully,

thereby entitling Plaintiffs, pursuant to 15 U.S.C. § 1118, to the destruction of all labels, signs,

posters, prints, press kits, packages, wrappers, receptacles and advertisements in the possession

RI'HIHQGDQWVRUXQGHU'HIHQGDQWV¶FRQWrol which bear the Infringing Logo.

Grant Boxing, Inc., et al. v. MP Promotions USA, Inc., et al.

Complaint For Trademark Infringement Page 13
 Case 1:10-cv-07378-VM Document 1 Filed 09/24/10 Page 14 of 17

AS A N D F O R A F O U R T H C A USE O F A C T I O N
Deceptive T rade Practices
(New Yor k G eneral Business L aw § 349)

53. Plaintiffs reallege and incorporate by reference each of the allegations contained

in paragraphs 1 through 52 of this Complaint.

54. 'HIHQGDQWV¶FRQGXFWDQGVSHFLILFDOO\WKHLUPLVDSSURSULDWLRQDQGXQDXWKRUL]HGXVH

of the Punchy Trademarks in interstate commerce as alleged in this Complaint constitute

deceptive trade practices in violation of New York General Business Law § 349.

55. Pursuant to New York General Business Law § 239(h), Plaintiffs are entitled to

recover damages in an amount to be determined at trial, including but not limited to the profits

earned by Defendants from their misappropriation and unauthorized use of the Punchy

Trademarks.

56. 'HIHQGDQWV¶WUDGHPDUNLQIULQJHPHQWDVDOOHJHGKHUHLQLVXQGHUWDNHQZLOOIXOO\

WKHUHE\HQWLWOLQJ3ODLQWLIIVWRWUHEOHWKHLUDFWXDOGDPDJHVDQGWRDQDZDUGRIDWWRUQH\V¶IHHVXQGHU

New York General Business Law § 349(h).

AS A N D F O R A F I F T H C A USE O F A C T I O N
T rademar k Dilution
(New Yor k G eneral Business L aw § 360-L)

57. Plaintiffs reallege and incorporate by reference each of the allegations contained

in paragraphs 1 through 56 of this Complaint.

58. 'HIHQGDQWV¶FRQGXFWand specifically their misappropriation and unauthorized use

of the Punchy Trademarks in interstate commerce and within the State of New York as alleged in

WKLV&RPSODLQWDUHOLNHO\WRFDXVHGLOXWLRQRI3ODLQWLIIV¶3XQFK\7UDGHPDUNDQGZLOOFRQWLQXHWR

dilXWHWKHGLVWLQFWLYHTXDOLW\RI3ODLQWLIIV¶IDPRXVPDUNE\GHVWUR\LQJWKHDVVRFLDWLRQEHWZHHQWKH

3XQFK\7UDGHPDUNDQG3ODLQWLIIV¶SURGXFWV

Grant Boxing, Inc., et al. v. MP Promotions USA, Inc., et al.

Complaint For Trademark Infringement Page 14
 Case 1:10-cv-07378-VM Document 1 Filed 09/24/10 Page 15 of 17

59. 'HIHQGDQWV¶FRQGXFWKDVFDXVHGDQGXQOHVVHQMRLQHGZLOOFRQWLQXHWRFDXVH

irreparable harm and injury to Plaintiffs, including but not limited to diminution of the value and

JRRGZLOODVVRFLDWHGZLWKWKH3XQFK\7UDGHPDUNVDQGLQMXU\WR3ODLQWLIIV¶EXVLQHVVEXVLQHVV

reputation and goodwill, for which there is no adequate remedy at law.

60. Consequently, Plaintiffs are entitled to injunctive relief pursuant to New York

Gen. Bus. Law § 360-L.

PR A Y E R F O R R E L I E F

WHEREFORE, Plaintiffs pray that this Court enter judgment against Defendants and

each of them as follows:

(a) Granting Plaintiffs a preliminary and permanent injunction restraining Defendants

and any person or entity acting in concert with them, from (i) engaging in any act alleged herein

in violation of the United States trademark laws and/or New York State law, including but not

limited to the use of the Infringing Logo or any mark or logo confusingly similar to the Punchy

Trademarks; and (ii) engaging in any act that constitutes infringement, unfair competition, false

DGYHUWLVLQJRUWUDGHPDUNGLOXWLRQLQYLRODWLRQRI3ODLQWLIIV¶ULJKWV

(b) Requiring Defendants to take any action as may be directed by the Court for the

purpose of attempting to alleviate or remedy confusion among consumers and the boxing

LQGXVWU\FDXVHGE\'HIHQGDQWV¶FRQGXFWFRPSODLQHGRIKHUHLQ

(c) Awarding Plaintiffs damages pursuant to 15 U.S.C. § 1117(a) sufficient to

FRPSHQVDWH3ODLQWLIIVIRU'HIHQGDQWV¶IDOVHGHVLJQDWLRQRIRULJLQXQIDLUFRPSHWLWLRQDQG

trademark dilution with respect to the Punchy Trademarks;

(d) Ordering Defendants to account to Plaintiffs for their profits derived by reason of

their misappropriation of the Punchy Trademarks and use of the Infringing Logo;

Grant Boxing, Inc., et al. v. MP Promotions USA, Inc., et al.

Complaint For Trademark Infringement Page 15
 Case 1:10-cv-07378-VM Document 1 Filed 09/24/10 Page 16 of 17

(e) 3XUVXDQWWR86&†RUGHULQJWKDW'HIHQGDQWV¶SURILWVEHWUHEOHGDQG

awarded to Plaintiffs;

(f) Pursuant to 15 U.S.C. § 1117, awarding Plaintiffs their costs, expenses and

DWWRUQH\V¶IHHVLQFXUUHGZLWKUHVSHFWWRWKLVDFWLRQ

(g) Pursuant to 15 U.S.C. § 1118, ordering the destruction of all labels, signs, posters,

prints, press kits, packages, wrappers, receptacles and advertisements in the possession of

'HIHQGDQWVRUXQGHU'HIHQGDQWV¶FRQWUROZKLFKEHDUWKH,QIULQJLQJ/RJR

(h) Awarding Plaintiffs damages sufficient to compensate Plaintiffs for the losses and

GDPDJHVFDXVHGE\'HIHQGDQWV¶GHFHSWLYHWUDGHSUDFWLFHVZLWKUHVSHFWWRWKH3XQFK\7Uademarks

in violation of New York Gen. Bus. Law § 349;

(i) Awarding Plaintiffs both prejudgment and postjudgment interest on any monies to

be paid by Defendants;

(j) $ZDUGLQJ3ODLQWLIIVWKHLUFRVWVH[SHQVHVDQGDWWRUQH\V¶IHHVLQFXUUHGZLWKUHVSHFW

to this action; and

(k) Awarding such other and further relief as to the Court seems just, proper and

equitable.

JU R Y D E M A N D

Plaintiffs demand a trial by jury on all issues so triable.

Dated: September 23, 2010

Grant Boxing, Inc., et al. v. MP Promotions USA, Inc., et al.

Complaint For Trademark Infringement Page 16
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