Honey Badger Don't Care Trademark Copyright Complaint PDF
Honey Badger Don't Care Trademark Copyright Complaint PDF
Honey Badger Don't Care Trademark Copyright Complaint PDF
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Email: j [email protected]
Benjamin J. Smith (SBN 266712)
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Email: [email protected]
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CHRISTOPHER GORDON, an
individual,
Plaintiff,
1. TRADEMARK
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vs.
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nM^899 6 &
COMPLAINT FOR:
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2. TRADEMARK
Defendants.
4. FEDERAL UNFAIR
COMPETITION AND FALSE
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UiwivjiiiAL
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traits of a honey badger. The video vfent "viral" and has generated more than W
has gained a tremendous amount of nbtoriety, and his expression has been referred
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various classes of goods, including t- shirts. Plaintiff has produced, advertised, and
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CARE" since soon after the video wais published, and he continues to sell t-shirts
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Defendant Thread Pit, Inc. (" Defendant") is a t-shirt company that produced
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and sold t-shirts that copied verbatim Plaintiffs expression and trademark,
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advertised its infringing products by promoting them as: "Honey Badger Don't
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Care. He'll eat bee larvae and a cobrk . Ew, that's disgusting." In fact, those
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expressions originate from Plaintiffs extremely popular video, and were used and
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1.
Laws of the United States, 15 U.S.C 1051, etseq., and 17 U.S.C. 101 etseq.
This Court has subject matterjurisdic(tion pursuant to 28 U.S.C. 1331 and 1338.
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Complaint that arise under California law pursuant to 28 U.S.C. 1367(a) because
same case or controversy and derive from a common nucleus of operative facts,
3.
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1400(a). The infringing products which are the subject of this litigation have been
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distributed and offered for distribution in the Central District of California, and
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extensive contacts with, and conduct Dusiness within, this District; has placed
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products into the stream of commerce in this District; and has caused tortious
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4.
Plaintiff is an individual
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5.
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formed
and
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authorized, directed, participated in, contributed to, ratified, and/or accepted the
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herein.
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COMPLAINT AND DEMAND FOR JURY TRIAL
is informed and believes and based thlereon alleges that each of the fictitiously
named defendants is responsible in some manner for the events, acts, occurrences
and liabilities alleged and referred to lerein. Plaintiff will seek leave to amend
this Complaint to allege the true nam$s and capacities of these DOE defendants
SUBSTANTIVE ALLEGATIONS
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YouTube that consisted of his original narration humorously describing the traits
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of a honey badger.1 The Video, titled The Crazy Nastyass Honey Badger (original
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of the most popular videos ever u plocjded onto YouTube. To date, the Video has
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generated more than 70 million views on YouTube. The Video and subsequent
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phenomenon have been covered by internet blogs such as the Huffington Post
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(which proclaimed "Honey Badger D3n''t Care [as] the best nature video of all
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10.
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COMPLAINT AND DEMAND FOR JURY TRIAL
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2011, and the title is HONEY BADGER DON'T CARE. Attached hereto as
DON'T CARE (the "Mark"). Plaintiff registered the Mark with the United States
Patent and Trademark Office for various classes of goods under the following
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clothing, including t-shirts. Attached hereto as Exhibit B are true and correct
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After the Video was pub ished, Plaintiff produced and sold goods,
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including t-shirts, that displayed his Mark. Plaintiff continues to sell t-shirts under
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internet. Sales of Plaintiffs t-shirts bearing his Mark have been substantial, with a
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(i.e. Randall). The Mark appeared in Plaintiffs Video, and has since been
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even authored a book titled Honey Be dger Don't Care: Randall's Guide to Crazy
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Nastyass Animals, and launched a mcbile "app" titled The Honey Badger Don't
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Care.
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making his Mark well-known to the public. Plaintiff has promoted his Mark by,
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COMPLAINT AND DEMAND FOR JURY TRIAL
appearances in media outlets, and publicizing the Mark through social media
platforms.
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Mark, the public has come to exclusi rely identify the Mark with Plaintiff. Among
other things, Plaintiff, his expression, joke and/or his Mark have appeared or been
show''s
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Swift, and on the Howard Stern radio show (Baba Booey). Plaintiffs expression,
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joke, and Mark are famous and distin tive under applicable law, including within
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and 1127.
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INFRINGEMENT
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Defendant produced and sold t-shirts and sweatshirts that bore, inter
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alia, Plaintiffs Mark and jokes and expressions that were copied verbatim from
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Plaintiffs Video. Defendant produced and sold these goods throughout the
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via
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"Honey Badger Don't Care. He'll eai bee larvae and a cobra. Ew, that's
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COMPLAINT AND DEMAND FOR JURY TRIAL
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sizes
Plaintiffs Mark, trample upon his iintellectual property rights, and cause customer
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as
bearing his federally registered Mark are the original shirts, not Defendant's.
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only after generating substantial sales from the infringing merchandise, and only
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Defendant's intentional
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nor consented to the use by Defendan t of the Mark, any colorable imitation of it,
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the valuable goodwill and extreme popularity of the Mark, which was established
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COMPLAINT AND ]DEMAND FOR JURY TRIAL
FIRST CLAIM
Defendants)
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and will cause irreparable damage to Plaintiff. Plaintiff has no adequate remedy at
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employees, and all persons acting in ioncert with them, from engaging in further
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acts of infringement.
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res
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wrongful acts. Plaintiff is presently linable to ascertain the full extent of the
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profits, and advantages that Defendant has obtained as a result of its wrongful
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acts. Plaintiff is presently unable to scertain the extent of the gains, profits, and
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infringement.
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including, but not limited to, an award of treble damages and increased profits
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Plaintiffalso is entitled tjo recover his attorney's fees and costs of suit
SECOND CLAIM
section 14245 et seq. and California Common Law Against All Defendants)
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law in that, among other things, such use is likely to cause confusion, deception,
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and mistake among the consuming pibl ic as to the source, approval or sponsorship
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of California common
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seq., in that, among other things, Defendant's acts and conduct are likely to cause
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confusion, deception, and mistake arrjong the consuming public as to the source,
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and permanent injunctions restraining and enjoining Defendant and its officers,
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ard
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in
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the Mark.
the
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three times Defendant's profits and damages suffered by reason of their wrongful
THIRD CLAIM
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Plaintiff repeats and real eges each and every allegation of paragraphs
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through Plaintiffs extensive, continubus, and exclusive use of the Mark. The
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Mark is famous and distinctive withiit the meaning of 15 U.S.C. 1125(c)(1) and
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1127.
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1125(c).
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his trademarks, reputation, and g oodvl/ill. Defendant will continue to use the Mark
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and will cause irreparable damage to Plaintiff. Plaintiff has no adequate remedy at
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law and is entitled to an injunction restraining Defendant, its officers, agents, and
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employees, and all persons acting in (toncert with them, from engaging in further
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Plaintiff is presently unable to ascertain the full extent of the monetary damages
trademark dilution.
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profits, and advantages that Defendar t has obtained as a result of its wrongful
acts. Plaintiff is presently unable to ascertain the extent of the gains, profits, and
advantages that Defendant has realizejd by reason of its acts of trademark dilution,
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1117.
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FOURTH CLAIM
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U.S.C. 1125(a).
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reputation, goodwill, and to the Mark Defendant will continue the activities
alleged herein and will cause irrepara:>le damage to Plaintiff. Plaintiff has no
officers, agents, affiliates, vendors, partners and employees, and all persons acting
deceitful acts using the Mark, and faUe designation of origin and false affiliation
and association.
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49.
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wrongful and devious acts. Plaintiff is presently unable to ascertain the full extent
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of the monetary damages that he has Suffered and/or is likely to sustain by reason
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profits, and advantages it has obtained as a result of its wrongful and malicious
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acts. Plaintiff is presently unable to ascertain the extent of the gains, profits, and
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advantages that Defendant has realizejd by reason of its acts of unfair competition
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15 U.S.C. 1117.
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FIFTH CLAIM
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State of California.
Plaintiff irreparable injury, and will unless retrained, further impair the value of
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his Mark, intellectual property rights, reputation, and goodwill. Plaintiff has no
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its to Plaintiff,
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competition.
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SIXTH CLAIM
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from his Video, such as his joke and expression that the "Honey Badger Don't
them as: "Honey Badger Don't Care, He'll eat bee larvae and a cobra. Ew, that's
disgusting." In fact, those expressionjs originate from Plaintiffs Video, and were
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Plaintiffs jokes and expressions that le used in his copyrighted Video. Defendant
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knowingly induced, participated in aided and abetted in, and profited from the
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sales
the Video.
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are vicariously liable for the infringerjient alleged herein because they had the
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right and ability to supervise the infrijiging conduct and because they had a direct
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them, are liable for vicarious and/or contributory copyright infringement under 17
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U.S.C. 101.
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obtained direct and indirect profits it vould not otherwise have realized but for its
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and jokes as contained in the Video ahd/or that Defendant was reckless in
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liability for statutory damages under ection 504(c)(2) of the Copyright Act in the
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owied
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///
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That Defendant has (i) ir fringed the Mark under 15 U.S.C. 1114 et
seq.; (ii) infringed the Mark under California law; (iii) violated 15 U.S.C.
1125(c); (iv) violated 15 U.S.C. 1 125(ca); (v) engaged in unfair competition and
501.
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damages, (iii) statutory damages avai able under the law including 15 U.S.C.
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1117 and 17 U.S.C. 504, if elected, (iv) treble damages, (v) punitive damages,
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from their infringement as provided by law, and/or (vii) enhanced damages for
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4.
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a.
ani
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DON'T CARE" or
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deception, in
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goods or services;
connection
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Plaintiff is sold,
c.
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quality of the Marjc by, among other things, using the Mark in
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bearing the Mark, any copy, simulation , variation or colorable imitations of the
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Mark, and any documents or tangible things that discuss, describe, mention or
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within thirty (30) days after entry ofj adgment a report in writing under oath
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setting forth in detail the manner and form in which Defendant has complied with
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this action.
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By:.
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Oil^
DANIEL L. REBACK
JEREMY SMITH
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action.
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By
: QflfrL^
DANIEL L. REBACK
JEREMY SMITH
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CHRISTOPHER
GORDON
>T<
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(LIFORNIA
UNITED STA
DEFENDANTS
CHRISTOPHER GORDON,
AN
INDIVIDUAL
(c) Attorneys (Firm Name, Address and Telephone Number) Ifyou are
KRANE
& SMITH,
APC
ENCINO,
CA 91436
818-382-4000
1. U.S. Government
PTF
DEF
DEF
Citizen of
ii
Plaintiff
[This State
PTF
Citizen of
2. U.S. Government
Defendant
Citizen or
Foreign Cbuntry
Subject of a
..
,,
I3 I
I 3 Foreign Nation
X I 1-Original
2.Removed from
Proceeding
Appellate Court
State Court
No
District (Specify)
6 I
I6
6. MultiDistrict
Litigation
VI. CAUSE OF ACTION (Citethe U.S. Civil Statute under which you are filing and writfe a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)
Trademark Infringement, Dilution and False Designation (15 UJ .S.C. 1114 and 1125); Copyright Infringement (17
U.S.C. 3101): eta
OTHER STATUTES
CONTRACT
I 110 Insurance
[| 400 State
Reapportionment
410 Antitrust
| Overpayments
Enforcement of
Judgment
ii 470 Racketeer Influ
I 490 Cable/Sat TV
modifies/Exchange
Actions
I 896 Arbitration
I310 Airplane
1315 Airplane
Act/Review of Appeal of
Product Liability
19 i Franchise
ii 950 Constitutionality of
State Statutes
1210 Land
Condemnation
Agency Decision
Pi operty Damage
1555 PrisonCondition
1560Civil Detainee
1Conditions of
Injury
I 1Product Liability
Personal Injury
Product Liability
1Seizure ofProperty 21
USC 881
I 690 Other
4'0
4<1
Voting
Employment
4'3 Housing/
| 720 Labor/Mgmt.
Accomodations
Act
Relations
Litigation
D sabilities-Other
, 368 Asbestos
1Personal Injury
Product
'roduct Liability
Liability
'
4.:UiC 157
ID sabilitiesEi riployment
Pharmaceutical
EITMRE/PENALTY
3 Withdrawal 28
220 Foreclosure
Confinement
2 Appeal 28
4'2
I 861 HIA(1395ff)
CIVIL RIGHTS
^mWmMr.
use 158
SOCIAL SECURrtY
BUNKRUPTCY
840 Trademark
!~Z\530 General
540 Mandamus/Other
Property Damage
830 Patent
' Sentence
Product Liability
1 ' Liability
3 1 Truth in Lending
3! 5
Ejectment
CV-71 (06/14)
1 ' Liability
PROPERTY RIGHTS iV
820 Copyrights
r~37f0Other Fraud
.REAL PROPERTY
899 Admin. Procedures
Product Liability
1 190 Other
|| 195Contract
'.,
PERSONAL PROPERTY
Contract
Act
TORTS
PERSONAL PROPERTY
Suits
' Slander
1330 Fed. Employers'
| 160 Stockholders'
Appl ication
Property
,JORTS
1
I
I Defaulted Student
Habeas Corpus:
2 Naturalization
5 Other
152 Recovery of
Vet. Benefits
Matters
PWSfflgJtaBMNS
II MIGRATION
Liability
I Overpayment of
1245 TortProduct
153 Recovery of
I| 850 Securities/Com
| 140 Negotiable
150 Recovery of
I 460 Deportation
enced & Corrupt Org.
Instrument
450 Commerce/ICC
Rates/Etc.
I 120 Marine
4' 8 Education
C-V14-0899*
Security Act
Case Number:
Page 1 of 3
CCO-CV71
UNITED STATI
CIVIL COVER:SHEET
VIII. VENUE: Your answerstothe questionsbelow will determinethe division ofthe iourt to whichthis case will be initially assigned. This initial assignment is subject
to change, in accordance with the Court's General Orders, upon review by the Court of yoi Complaint or Notice of Removal.
QUESTION A: Was this case removed
.initial br^iT'''
Yes
IX
:-..:.*;:^';^^3W^:s
No
I
If"no," skip to Question B. If"yes," check the
box to the right that applies, enter the
corresponding division in response to
Western
EE Orange
Southern
Eastern
'** fr'^'s*-L^y^fi^
rfr;*.?ail
t"&i-jjfrfe^ea'a*r--
QUESTION B:
Is the United States, or B.1. Do 50% or more of the defendants wjio reside in
from there.
No
hHii<mr
QUESTION C:
Is the United States, or C.1. Do 50% or more of the plaintiffs who reside in the
from there.
Yes
No
from there.
, RiversWe or _.
*si..--\ J;;V;..''>?:-V.'-.. {*
' .
"V,s\''-
' '";:'''
Orange
,".' '.,
7%!
?S'~ ..;
Indicate the location(s) in which 50% or more ofplaintiffs who reside in this distridf
8emaraino.G6.unl
reside. (Check up to two boxes, or leave blank if none of these choices apply.)
Indicate the location(s) in which 50% or more of defendants who reside in this
district reside. (Check up to two boxes, or leave blank if none of these choices
apply-)
m^M^fiff^'mmr^M^^'i
D.1. Is there at least one answer in Column A?
Yes
[X] No
I Yes
I X INo
EASTERN DIVISION.
^^^"
|1 Division?
^mm^^mM(!^M^^mM
WESTERN
IYes
i X INo
Page 2 of 3
*K
SH NO
YES
IX(b). RELATED CASES: Is this case related (as defined below) to any cases oreviously filed in this court?
l~Xl NO
YES
Civil cases are related when they: (1) arise from the same or a closely related transaction, happening, or event; (2) call for determination of
the same or substantially related or similar questions of law and fact; or ;3) for other reasons would entail substantial duplication of labor if
heard by different judges. That cases may involve the same patent, trademark. or copyright is not, in itself, sufficient to deem cases related.
X. SIGNATURE OF ATTORNEY
DATE:
(l-?.P-H(
Notice to Counsel/Parties: The submission of this Civil Cover Sheet is required )y Local Rule 3-1. This Form CV-71 and the information contained herein
neither replaces nor supplements the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. For
more detailed instructions, see separate instruction sheet (CV-071A).
Abbreviation
(N/ edicare) under Title 18, Part A, of the Social Security Act, as amended. Also,
include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the program.
HIA
BL
863
DIWC
Allclaims for "Black Lung" benefits under Title4, Part B, of the Federal Coal Mine Health and Safety Act of 1969. (30 U.S.C.
923)
All claims filed by insured workers for disib ility insurance benefits under Title 2 of the Social Security Act, as amended; plus
based on disability. (42 U.S.C. 405 (g))
863
DIWW
864
SSID
All claims filed forwidows or widowers insurance benefits based on disability under Title 2 ofthe SocialSecurity Act, as
amended. (42 U.S.C. 405 (g))
All claims forsupplemental security incorjie payments based upondisability filed underTitle 16oftheSocial Security Act, as
amended.
865
RSI
All claims for retirement (old age)andsufvivors benefits under Title 2 oftheSocial Security Act, as amended.
(42 U.S.C. 405 (g))
CV-71 (06/14)
Page 3 of 3