Key Professional Media V Walls of Fame - Complaint

CASE 0:11-cv-00406-SRN -FLN Document 1 Filed 02/16/11 Page 1 of 16
UNITED STATES DISTRICT COURT

DISTRICT OF MINNESOTA
Key Professional Media, Inc., a Court File No. ________________

Minnesota Corporation, and Emmis
Publishing, L.P., an Indiana Limited COMPLAINT FOR:
Partnership;
(1) INFRINGEMENT OF REGISTERED
Plaintiffs, MARK – 15 U.S.C. § 1114;
(2) FALSE DESIGNATION OF ORIGIN,
vs. FALSE DESCRIPTIONS – 15 U.S.C. §
1125;
Walls of Fame, LLC, a Maryland (3) COPYRIGHT INFRINGEMENT –
Limited Liability Company, and ABC 17 U.S.C. § 501; AND
Design & Promotion, LLC, a Maryland (4) UNFAIR COMPETITION
Limited Liability Company;
DEMAND FOR JURY TRIAL
Defendants.
Plaintiffs Key Professional Media, Inc. (“Key Professional Media”) and Emmis
Publishing, L.P. d/b/a Texas Monthly (“Texas Monthly”) state and allege as follows:
NATURE OF ACTION
1. This is an action for infringement of Plaintiff Key Professional Media’s federally-
registered marks, SUPER DOCTORS and SUPER DENTISTS; false designation of origin;
unfair competition under the Lanham Act, 15 U.S.C. § 1051 et. seq., infringement of Key
Professional Media’s copyrighted work, and related claims arising under common law.
2. This is also an action for infringement of Plaintiff Texas Monthly’s federally-
registered mark TEXAS MONTHLY, false designation of origin; unfair competition under the
Lanham Act, 15 U.S.C. § 1051 et. seq., infringement of Texas Monthly’s copyrighted work, and
related claims arising under common law.

PARTIES
3. Plaintiff Key Professional Media is a Minnesota corporation with its principal
place of business located in Minneapolis, Minnesota.
4. Plaintiff Emmis Publishing, L.P. d/b/a Texas Monthly is an Indiana limited
partnership with its principal place of business located in Indianapolis, Indiana.
5. Defendants Walls of Fame, LLC, and ABC Design & Promotion, LLC are both
Maryland limited liability companies. Both have a principal place of business located at 18249
Wickham Road, Olney, Maryland 20832. The Defendants sell commemorative plaques, crystal
stands, marketing sheets, promotional flyers, pens, mugs, water bottles, and other promotional
items. The Defendants are not licensees of the Plaintiffs and are not affiliated, connected or
associated in any way with the Plaintiffs.
JURISDICTION AND VENUE
6. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
§§ 1331, 1332 and 1338, as well as 15 U.S.C. § 1121. This Court has supplemental jurisdiction
over the state law claims pursuant to 28 U.S.C. § 1367.
7. This Court has personal jurisdiction over the Defendants because they have been
in systematic and continuous contact with Minnesota and Minnesota residents. The Defendants
maintain a fully-interactive website <wallsoffame.biz>, through which customers may customize
and purchase products. Through that website, on information and belief, the Defendants have
been in contact with residents of Minnesota for purposes of making sales. In addition, the
Defendants solicit potential customers of their products in writing, including, on information and
belief, Minnesota residents.
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8. Venue lies in this District under 28 U.S.C. § 1391(b) and (c) in that, because the
Defendants are subject to personal jurisdiction in Minnesota, the Defendants are deemed to
reside in Minnesota.
FACTUAL ALLEGATIONS
Key Professional Media
9. Key Professional Media is the owner and publisher of the publications Super
Doctors and Super Dentists, sometimes published together as a single publication, and most
often published in the form of a supplement to a regional or city-specific magazine and online.
Doctors and dentists in the communities in which magazines are published nominate colleagues
for recognition in “Super Doctors” or “Super Dentists.” Through a proprietary verification
process, Key Professional Media evaluates nominees and selects doctors and dentists for
inclusion in the respective publications. Recognition in “Super Doctors” or “Super Dentists” is
a significant marketing tool to doctors and dentists. Key Professional Media itself promotes the
services of these professionals through its publications.
10. The United States Patent and Trademark Office issued to Key Professional Media
Registration No. 3603348, registered on April 7, 2009, for the distinctive mark SUPER
DOCTORS. This registration is presently valid, and a copy of the Certificate of Registration is
attached to the Complaint as Exhibit A. The registration is prima facie evidence of the validity
of the SUPER DOCTORS mark and of Key Professional Media’s exclusive right to use the mark
in commerce.
11. Key Professional Media first began using the SUPER DOCTORS mark in
interstate commerce in 2004. Key Professional Media has used the mark continuously since
then.
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12. The United States Patent and Trademark Office issued to Key Professional Media
Registration No. 3790261, registered on May 18, 2010, for the distinctive mark SUPER
DENTISTS (stylized). This registration is presently valid, and a copy of the Certificate of
Registration is attached to the Complaint as Exhibit B. The registration is prima facie evidence
of the validity of the SUPER DENTISTS mark and of Key Professional Media’s exclusive right
to use the mark in commerce.
13. Key Professional Media first began using the SUPER DENTISTS mark in
interstate commerce in 2004. Key Professional Media has used the mark continuously since
then.
14. Key Professional Media registered its copyright in the December 2009 edition of
the Super Doctors/Super Dentists supplement to Texas Monthly under the title “Texas Super
Doctors/Super Dentists 2009 special” [Published 2009-12-01. Issue: vol 37, no. 12 December
2009] and obtained from the Registrar of Copyrights a Certificate of Copyright Registration No.
TX00077212309, dated December 9, 2009. A copy of the record from the U. S. Copyright
Office catalog for this registration is attached as Exhibit C.
15. Key Professional Media applied to register its copyright in the December 2010
edition of the Super Doctors/Super Dentists supplement to Texas Monthly on December 23,
2010. A copy of the application and the U. S. Copyright Office Receipt are attached as Exhibit
D.
16. Key Professional Media has derived significant income from sales of advertising
in its Super Doctors and Super Dentists publications and from the sale of other materials that it
makes available for purchase to the individuals identified in the “Super Doctors” and “Super
Dentists” listings.
4
Texas Monthly
17. Texas Monthly is the owner and publisher of the magazine Texas Monthly. Texas
Monthly has derived significant income from sales of advertising in its Texas Monthly magazine.
18. Texas Monthly is the owner of the distinctive mark TEXAS MONTHLY and of
U. S. Registration No. 1027910 for TEXAS MONTHLY, registered on December 23, 1975.
This registration is presently valid, and a copy of the Certificate of Registration is attached to the
Complaint as Exhibit E. The registration is prima facie evidence of the validity of the TEXAS
MONTHLY mark and of Texas Monthly’s exclusive right to use the mark in commerce. The
TEXAS MONTHLY mark was first used in commerce in connection with the goods identified in
this registration in 1972.
19. Texas Monthly is the owner of U. S. Registration No. 2355473 for the mark
TEXAS MONTHLY, which was registered on June 6, 2000. This registration is presently valid,
and a copy of the Certificate of Registration is attached to the Complaint as Exhibit F. The
registration is prima facie evidence of the validity of the TEXAS MONTHLY mark and of Texas
Monthly’s exclusive right to use the mark in commerce. The TEXAS MONTHLY mark was
first used in commerce in connection with the services identified in this registration in 1995.
20. Texas Monthly also has rights to the stylized version of the mark
TEXASMONTHLY appearing on its magazines by virtue of the use in commerce of that mark
since 1994. Emmis Publishing, L.P. applied for registration of this mark on December 3, 2010,
serial number 85190271. The mark is scheduled to be published for opposition on March 1,
2011.
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21. Texas Monthly applied for registration of its copyright in the December 2010
edition of Texas Monthly under the title “Texas Monthly” on January 24, 2011. A copy of the U.
S. Copyright Office Receipt for the application is attached as Exhibit G.
The Defendants’ Actions
22. The Defendants operate a business, including through the website
<wallsoffame.biz>, offering for sale plaques, crystal stands, marketing sheets, promotional
flyers, pens, mugs, water bottles, and other promotional items.
23. The website <wallsoffame.biz> lists its content as being copyrighted by Walls of
Fame, LLC. The website <abcdesignandpromo.com> lists its content as being copyrighted by
ABC Design & Promotion, LLC. That site also instructs internet users to “visit our Walls of
Fame division for quality promotional recognition plaques and award products” and includes a
link to <wallsoffame.biz>.
24. Numerous commemorative plaques, crystal stands, marketing sheets, promotional
flyers, pens, mugs, water bottles, and other promotional items offered for sale by the Defendants
on the website <wallsoffame.biz> prominently feature the SUPER DOCTORS, SUPER
DENTISTS, and/or TEXAS MONTHLY marks. Attached hereto as Exhibit H are true and
correct color printouts of the content of the website <wallsoffame.biz> on which such items are
offered for sale.
25. The Defendants offer for sale plaques featuring the SUPER DOCTORS, SUPER
DENTISTS, and/or TEXAS MONTHLY marks at a cost per unit ranging from $119.95 to
$149.95.
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26. The Defendants offer for sale crystal stands featuring the SUPER DOCTORS,
SUPER DENTISTS, and/or TEXAS MONTHLY marks at a cost per unit ranging from $229.95
to $279.95.
27. The Defendants offer for sale lots of 500 8.5” x 11” Marketing Sheets featuring
the SUPER DOCTORS, SUPER DENTISTS, and/or TEXAS MONTHLY marks at a cost of
$389.00.
28. The Defendants offer for sale lots of 500 8.5” x 5.5” Statement Stuffers featuring
the SUPER DOCTORS, SUPER DENTISTS, and/or TEXAS MONTHLY marks at a cost of
$279.00.
29. Numerous commemorative plaques, marketing sheets, and promotional flyers
offered for sale by the Defendants on the website <wallsoffame.biz> prominently incorporate a
color reproduction of covers for the December 2009 issue of Texas Monthly, frequently in
combination with the SUPER DOCTORS mark. These products are offered for sale at the prices
referenced in the preceding paragraphs.
30. On information and believe, numerous commemorative plaques, marketing
sheets, and promotional flyers offered for sale by the Defendants on the website
<wallsoffame.biz> copy textual material taken directly from the 2009 and/or 2010 Super
Doctors/Super Dentists publications.
31. Defendants’ use of the SUPER DOCTORS, SUPER DENTISTS, and TEXAS
MONTHLY marks, and their use of the copyrighted cover of Texas Monthly and the text of
Super Doctors/Super Dentists, is without permission, authority, or license from Key Professional
Media or Texas Monthly. Defendants’ actions are causing and will continue to cause confusion
with Key Professional Media’s SUPER DOCTORS and SUPER DENTISTS marks, and with
7
Texas Monthly’s TEXAS MONTLY mark, and infringe Texas Monthly’s and Key Professional
Media’s copyrighted works, and cause actual financial harm to Key Professional Media and
Texas Monthly.
32. On information and belief, Defendants have purposefully and willfully used the
SUPER DOCTORS, SUPER DENTISTS, and TEXAS MONTHLY marks to trade off Key
Professional Media’s and Texas Monthly’s good will associated therewith.
33. During January and February 2011, counsel for Key Professional Media and
Texas Monthly repeatedly contacted counsel for the Defendants requesting that the infringing
conduct cease. However, Defendants have not ceased their infringing conduct.
COUNT I
INFRINGEMENT OF REGISTERED MARK – 15 U.S.C. § 1114
34. Plaintiffs reallege and incorporate herein by reference the allegations set forth
above in Paragraphs 1-33.
35. Defendants have affixed, applied, annexed and used the SUPER DOCTORS,
SUPER DENTISTS, and TEXAS MONTHLY marks on and in the promotion of their plaques,
crystal stands, marketing sheets, promotional flyers, pens, mugs, water bottles, and other
promotional items. Defendants’ use in interstate commerce of the SUPER DOCTORS, SUPER
DENTISTS, and TEXAS MONTHLY marks constitutes infringement of Plaintiffs’ registered
trademarks and service marks. Specifically, Defendants’ conduct has caused and is likely to
continue to cause confusion, mistake, and deception among consumers as to the source of
Defendants’ goods and services, in violation of Section 32 of the Lanham Act, 15 U.S.C. § 1114.
36. The conduct of Defendants alleged herein was and is intentionally and willfully
done.
8
37. Plaintiffs have been damaged by Defendants’ improper activities. Further,
Plaintiffs have no adequate remedy at law, and the aforesaid infringement has caused and will
continue to cause Plaintiffs irreparable harm and injury.
COUNT II
FALSE DESIGNATION OF ORIGIN. FALSE DESCRIPTIONS – 15 U.S.C. § 1125
39. This claim arises under Section 43 of the Lanham Act entitled “False
Designations of Origin, False Descriptions and Dilution,” 15 U.S.C. § 1125.
40. Defendants’ use of the SUPER DOCTORS, SUPER DENTISTS, and TEXAS
MONTHLY marks on their plaques, crystal stands, marketing sheets, promotional flyers, pens,
mugs, water bottles, and other promotional items in promotional materials for these products,
and on the related <wallsoffame.biz> website has a tendency to confuse or deceive consumers
into believing that some or all of Defendants’ goods or services originate with or are affiliated
with, approved by, or are otherwise associated with Plaintiffs.
41. By engaging in the activities described above, Defendants have made and are
making false, deceptive and misleading statements constituting false designations of origin with
goods and services distributed in interstate commerce in violation of Section 43(a) of the
Lanham Act, 15 U.S.C. §1125(a).
42. By displaying the TEXAS MONTHLY mark and the SUPER DOCTORS and
SUPER DENTISTS marks together on Defendants’ products, Defendants mislead consumers as
to the ownership of the Plaintiffs’ marks, the nature of the relationship between Texas Monthly
and Key Professional Media, Texas Monthly’s responsibility for and role with respect to the
9
content of the Super Doctors/Super Dentists publication and the origin of the products and
services offered by the Plaintiffs under their respective marks.
43. By engaging in the activities described above, Defendants have made and are
making misleading representations of fact which misrepresent the nature or characteristics of
Plaintiffs’ goods, services and commercial activities in violation of Section 43(b) of the Lanham
Act, 15 U.S.C. §1125(b).
44. Upon information and belief, the products offered for sale by Defendants are
inferior goods with which the Plaintiffs do not wish to be associated. Defendants’ activities
described above cause consumer confusion as to the origin of these goods and falsely associate
Plaintiffs with these goods. The Plaintiffs suffer reputation injury as a result.
45. Defendants’ willful acts described above have caused irreparable injury to
Plaintiffs’ goodwill and reputation and, unless enjoined, will cause further irreparable injury, for
which Plaintiffs have no adequate remedy at law.
COUNT III
COPYRIGHT INFRINGEMENT – 17 U.S.C. § 501
47. Texas Monthly possesses all right, title and interest in the December 2009 edition
of Texas Monthly. This copyrightable textual work was registered with the Registrar of
Copyrights as referenced in the preceding paragraphs.
48. Key Professional Media possess all right, title and interest in the 2009 and 2010
Texas Super Doctors/Super Dentists supplements.
10
49. As the owners of the copyright in the aforementioned textual works, Plaintiffs
have the exclusive right to reproduce, sell, distribute, display and create derivative works of their
copyrighted works.
50. Plaintiffs have complied with the provisions of the Copyright Act of 1976 and all
other laws governing copyright.
51. Defendants have violated Plaintiffs’ exclusive rights in their copyrighted works.
Specifically, Defendants have offered for sale and sold plaques, marketing sheets, and
promotional materials containing color reproductions of the cover of the aforementioned
magazine edition and reproductions of textual material taken from the aforementioned Super
Doctors/Super Dentists publications in violation of federal copyright law.
52. Defendants have sold the commemorative plaques, marketing sheets, and
promotional flyers with the reproduced magazine cover and textual material without license,
authority, or consent from Texas Monthly or Key Professional Media and contrary to the desires
of Texas Monthly and Key Professional Media.
53. Upon information and belief, by the acts alleged herein, Defendants have directly
infringed Plaintiffs’ copyrights and will continue to do so unless enjoined by the Court.
54. Upon information and belief, Defendants’ infringement of Plaintiffs’ copyrighted
works has caused and is causing Plaintiffs irreparable injury, loss and damages, and unless
Defendants are restrained from continuing their wrongful infringement, the irreparable damage
to Plaintiffs will increase without an adequate remedy at law.
55. Upon information and belief, Defendants’ continued infringement of Plaintiffs’
copyrighted works is willful and malicious infringement and in intentional disregard of
Plaintiffs’ rights.
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COUNT IV
STATE AND COMMON LAW UNFAIR COMPETITION
57. Defendants, by their unauthorized use of the SUPER DOCTORS, SUPER
DENTISTS, and TEXAS MONTHLY marks, and the copyrighted work of Texas Monthly and
Key Professional Media, are deceiving, confusing and misguiding the public and causing the
public to believe that the Defendants’ goods and/or services are authorized by or associated with
Plaintiffs. Further, Defendants’ use of the SUPER DOCTORS, SUPER DENTISTS, and
TEXAS MONTHLY marks have interfered, and will interfere, with Plaintiffs’ business and
ability to market and promote their SUPER DOCTORS, SUPER DENTISTS, and TEXAS
MONTHLY marks and the goods and services offered in connection with those marks.
58. Defendants’ acts are willful and malicious and constitute unfair competition.
59. Plaintiffs have suffered and continue to suffer damages under all the above-listed
causes of action, including, without limitation, the loss of sales and profits Plaintiffs would have
made but for Defendants’ acts, in an amount to be proven at trial. Plaintiffs also have suffered
and continue to suffer irreparable and incalculable injury to their business reputation, goodwill,
and to the integrity of their marks. Plaintiffs’ remedies at law cannot adequately compensate for
the ongoing injuries threatened by Defendants’ continuing conduct.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs demand judgment against Defendants as follows:
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(1) for temporary, preliminary, and permanent injunctive relief, enjoining and
restraining Defendants and their agents, servants, representatives, successors, assigns and
others in active concert or participation with them,
(a) from using the SUPER DOCTORS, SUPER DENTISTS, and/or
TEXAS MONTHLY marks, or any variations thereof, or any other name and/or
mark confusingly similar thereto or likely to cause dilution of the distinctiveness
of the SUPER DOCTORS, SUPER DENTISTS, and/or TEXAS MONTHLY
marks, or injury to Plaintiffs’ business reputations, in connection with any service
or products, or sham service or sham products, in any medium;
(b) from using any other trademark, service mark, trade name,
corporate name, word or symbol, or doing any other acts, likely to induce the
belief that Defendants’ products, services, sham services, or businesses are
Plaintiffs’ products, services or businesses; or that Defendants or their products,
services, or business are in any way connected or associated with, endorsed or
sponsored by Plaintiffs; or doing any other acts likely to injure Plaintiffs’ business
reputation or to infringe the SUPER DOCTORS, SUPER DENTISTS, and/or
TEXAS MONTHLY marks; and
(c) from acts of copyright infringement pursuant to 17 U.S.C. § 502,
including but not limited to being enjoined from directly or indirectly infringing
the copyrights of Plaintiffs in any manner and from causing, contributing to or
participating in the reproduction, sale, distribution or display of Texas Monthly’s
or Key Professional Media’s copyrighted works; and
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(d) with such injunction including a provision directing Defendants to
file with the Court and serve on Plaintiffs within thirty (30) days after the service
on Defendants of such injunction a report in writing under oath setting forth in
detail the manner and form in which Defendants have complied with the
injunction;
(2) for an order directing Defendants to deliver to the Court for impoundment
and destruction any and all materials in their possession, custody, or control that infringe
and/or dilute the Plaintiffs’ marks and/or copyrights;
(3) that Defendants be ordered to cease and desist in the creation, or the
assistance in the creation, of any derivative works of Texas Monthly’s or Key
Professional Media’s copyrighted works;
(4) that Defendants be ordered to notify each recipient of Defendants’
infringing works that Texas Monthly and Key Professional Media, and not Defendants,
are the owners of the specific visual and textual works, and which works are owned by
each Plaintiff;
(5) that Defendants be ordered to pay Plaintiffs’ damages pursuant to 17
U.S.C. § 504, including: (i) all damages suffered by Plaintiffs as a result of Defendants’
copyright infringement; and (ii) all additional profits received by Defendants which are
attributable to the copyright infringement; or, should Plaintiffs so elect, (iii) statutory
damages under § 504(c)(1), including increased damages of up to $150,000 per
infringement pursuant to § 504(c)(2).
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(6) for Plaintiffs’ actual damages according to proof, and for any additional
profits attributable to the unauthorized use of Plaintiffs’ SUPER DOCTORS, SUPER
DENTISTS, and/or TEXAS MONTHLY marks;
(7) for an accounting by Defendants for all gains, profits, and advantages
derived from their acts of infringement and for their other violations of law;
(8) for an order that all gains, profits, and advantages derived by Defendants
from their violations of law be deemed to be in constructive trust for the benefit of
Plaintiffs;
(9) for damages equal to three times the amount of damages suffered by
Plaintiffs as provided by 15 U.S.C. § 1117 and for actual and exemplary damages under
any other applicable provision of statutory law or common law;
(10) for prejudgment interest;
(11) for Plaintiffs’ costs and expenses, including, without limitation, reasonable
attorneys’ fees associated with this action as provided by 15 U.S.C. § § 1117 and
1125(c), 17 U.S.C. § 505, and as provided under state law; and
(12) for other such relief as this Court may deem just and proper.
///
///
///
15
Dated: February 16, 2011. OPPENHEIMER WOLFF & DONNELLY LLP
By: s:/ Aaron Mills Scott__________________

Barbara Grahn # 36705
Aaron Mills Scott # 33943X
3300 Plaza VII Building
45 South Seventh Street
Minneapolis, MN 55402
Telephone: (612) 607-7000
Facsimile: (612) 607-7100
bgrahn@oppenheimer.com
ascott@oppenheimer.com
ATTORNEYS FOR PLAINTIFFS

KEY PROFESSIONAL MEDIA, INC. AND
EMMIS PUBLISHING, L.P.
16
OPPENHEIMER: 2858951 v05 02/16/2011

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CASE 0:11-cv-00406-SRN -FLN Document 1 Filed 02/16/11 Page 1 of 16

UNITED STATES DISTRICT COURT

Key Professional Media, Inc., a Court File No. ________________

1. This is an action for infringement of Plaintiff Key Professional Media’s federally-

2. This is also an action for infringement of Plaintiff Texas Monthly’s federally-

related claims arising under common law.

3. Plaintiff Key Professional Media is a Minnesota corporation with its principal

place of business located in Minneapolis, Minnesota.

4. Plaintiff Emmis Publishing, L.P. d/b/a Texas Monthly is an Indiana limited

partnership with its principal place of business located in Indianapolis, Indiana.

associated in any way with the Plaintiffs.

JURISDICTION AND VENUE

over the state law claims pursuant to 28 U.S.C. § 1367.

maintain a fully-interactive website <wallsoffame.biz>, through which customers may customize

belief, Minnesota residents.

Key Professional Media

for recognition in “Super Doctors” or “Super Dentists.” Through a proprietary verification

inclusion in the respective publications. Recognition in “Super Doctors” or “Super Dentists” is

services of these professionals through its publications.

to use the mark in commerce.

Office catalog for this registration is attached as Exhibit C.

this registration in 1972.

S. Copyright Office Receipt for the application is attached as Exhibit G.

The Defendants’ Actions

22. The Defendants operate a business, including through the website

flyers, pens, mugs, water bottles, and other promotional items.

24. Numerous commemorative plaques, crystal stands, marketing sheets, promotional

on the website <wallsoffame.biz> prominently feature the SUPER DOCTORS, SUPER

offered for sale.

29. Numerous commemorative plaques, marketing sheets, and promotional flyers

referenced in the preceding paragraphs.

30. On information and believe, numerous commemorative plaques, marketing

Doctors/Super Dentists publications.

Professional Media’s and Texas Monthly’s good will associated therewith.

INFRINGEMENT OF REGISTERED MARK – 15 U.S.C. § 1114

above in Paragraphs 1-33.

DENTISTS, and TEXAS MONTHLY marks constitutes infringement of Plaintiffs’ registered

37. Plaintiffs have been damaged by Defendants’ improper activities. Further,

continue to cause Plaintiffs irreparable harm and injury.

FALSE DESIGNATION OF ORIGIN. FALSE DESCRIPTIONS – 15 U.S.C. § 1125

above in Paragraphs 1-37.

Designations of Origin, False Descriptions and Dilution,” 15 U.S.C. § 1125.

with, approved by, or are otherwise associated with Plaintiffs.

Lanham Act, 15 U.S.C. §1125(a).

SUPER DENTISTS marks together on Defendants’ products, Defendants mislead consumers as

services offered by the Plaintiffs under their respective marks.

making misleading representations of fact which misrepresent the nature or characteristics of

Act, 15 U.S.C. §1125(b).

which Plaintiffs have no adequate remedy at law.

COPYRIGHT INFRINGEMENT – 17 U.S.C. § 501

above in Paragraphs 1-45.

Copyrights as referenced in the preceding paragraphs.

Texas Super Doctors/Super Dentists supplements.

other laws governing copyright.

promotional materials containing color reproductions of the cover of the aforementioned

Doctors/Super Dentists publications in violation of federal copyright law.

of Texas Monthly and Key Professional Media.

54. Upon information and belief, Defendants’ infringement of Plaintiffs’ copyrighted

to Plaintiffs will increase without an adequate remedy at law.

55. Upon information and belief, Defendants’ continued infringement of Plaintiffs’

copyrighted works is willful and malicious infringement and in intentional disregard of

STATE AND COMMON LAW UNFAIR COMPETITION

above in Paragraphs 1-55.