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Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 1 of 15

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Grou

Actio

et seq

Comm

and p

Demo

makin

purpo

candi

publi

Repu

State

Calif

is a p

office

28 U

Trade

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purpo

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plaint

Plaintiff C

up, Inc., alleg

on Committe

1. Th

q. This action

mittee – a C

promoting D

ocratic legis

ng unauthor

ose of these

idate, Micha

ished. The ap

ublican voter

2. Pl

s Republican

fornia Repub

3. De

political actio

e in Los Ang

4. Th

.S.C. §§ 133

emark Act (L

5. Th

ciled in the

osefully avai

ms arise out o

California Re

ges as and fo

ee (“AASB-P

his is an acti

n arises from

alifornia pol

emocratic le

lative staffer

rized use of a

mailers is to

aela Hertle, w

pparent inten

rs in Senate D

laintiff Califo

n Party (the

blicans. The

efendant Asi

on committe

geles.

his Court has

31 and 1338,

Lanham Act

he Court has

state of Cali

iled itself of

of those com

epublican Pa

or its compla

PAC”), as fo

on for tradem

m the fact tha

litical action

egislative can

rs – sent two

a famous tra

o unfairly inf

who had form

nded effect o

District 7 thr

fornia Repub

“Republican

CRP has its

ian America

ee, with its pr

JURIS

s original jur

, in that this

t), 15 U.S.C.

s personal jur

fornia, has e

f the opportu

mmercial acti

1

arty (“CRP”

aint against t

ollows:

mark infring

at the Asian

n committee

ndidates sinc

o deceptive m

demark regi

fluence Repu

mally withdr

of the mailer

rough fraud,

THE PAR

blican Party (

n Party”), an

principal pla

an Small Bus

rincipal plac

SDICTION

risdiction ov

Complaint r

§ 1051 et se

risdiction ov

engaged in b

unity to cond

ivities. More

), by and thr

the Asian Am

gement unde

American S

known in Sa

ce it was fou

mailers to Re

istered to the

ublican vote

rawn from th

rs is to unlaw

, intellectual

RTIES

(“CRP”) is t

nd the officia

ace of busin

siness Politic

ce of busines

N AND VEN

ver this actio

raises federa

eq.

ver the AAS

business activ

duct commer

eover, the AA

rough its cou

merican Sma

er the Lanham

Small Busine

acramento fo

unded in 200

epublican vo

e California

rs to cast vo

he race at the

wfully suppr

l property the

the Californi

al political p

ness in Sacra

cal Action C

ss in Sacram

NUE

on pursuant t

al questions u

B-PAC beca

vities directe

rcial activitie

ASB-PAC e

unsel, Dhillo

all Business

m Act, 15 U

ess Political

or exclusivel

05 and run b

oters in Sena

Republican

otes for a form

e time the m

ress and dive

eft and chica

ia affiliate of

arty organiz

amento, Calif

Committee (A

mento, Califo

to 15 U.S.C.

under the Un

ause it is a re

ed at Califor

es in this foru

xpends fund

Case No

on Law

Political

U.S.C. § 1114

Action

ly supportin

y former

ate District 7

Party. The

mer

mailers were

ert the votes

anery.

f the United

zation for

fornia.

AASB-PAC

ornia, and an

§ 1121, and

nited States

esident of or

rnia, and has

um. The

ds on

o.

4

g

7

of

)

d

r

Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 2 of 15

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camp

impro

the R

occur

in thi

maile

to tak

Repu

to §2

Comm

mann

the C

in Se

notic

fraud

effect

impen

regist

and in

State

to pro

plaint

paigns throug

oper activitie

Republican el

6. Ve

rred and con

is district.

7. Th

er published

ke place on M

ublican eleph

1300 of the

mittee, whic

ner, for the p

California Re

8. Up

nate District

e to AASB-P

dulent mailer

tively “doub

nding legal a

9. Th

tered tradem

nfringement

s Trademark

otect its mar

ghout Califo

es in Califor

lephant insig

enue is prop

ntinues to occ

his case conc

on or about

March 17, 20

hant insignia

California C

ch registered

purpose of m

epublican Pa

pon learning

t 7, the CRP

PAC, dated

r to Republic

bling down”

action.

he CRP cons

mark and to p

t. The CRP f

k Act (Lanha

rks and to pro

ornia. This C

rnia, includin

gnia.

er in this dis

cur in this di

cerns egregio

February 23

015, AASB-

a (“Elephant

Corporations

d it pursuant

misleading th

arty.

g of the first

, through the

February 24

can voters –

on its tradem

sistently seek

protect its int

files this civi

am Act), 15

otect the pub

2

Complaint all

ng the illegal

strict under 2

istrict, and th

INTRODU

ous, repeated

3, 2015, for a

-PAC intenti

Insignia”) –

Code, and l

to the Lanha

e public as t

fraudulent m

e undersigne

4, 2015. On M

this one wit

mark infring

ks to preven

tellectual pro

il action agai

U.S.C. §105

blic from dec

leges claims

l, fraudulent

28 U.S.C. §

he AASB-PA

UCTION

d violations

a special ele

ionally and r

– registered t

licensed from

am Act § 43(

to the origin

mailer, which

ed counsel, i

March 2, 20

th even more

gement after

nt the unauth

operty and re

inst AASB-P

51 et seq., se

ception thro

that relate t

t, misleading

1391(c), in t

AC is subjec

of the Lanh

ection in Cal

repeatedly us

to the CRP a

m the Repub

(a), in an ille

of the maile

h was receiv

immediately

15, AASB-P

e uses of the

receiving w

horized and m

eputation fro

PAC for vio

eeking dama

ugh the misu

to the AASB

g and unauth

that substant

ct to persona

ham Act. On

ifornia Sena

sed a tradem

as a service m

blican Nation

egal and frau

er and the en

ved by Repub

sent a cease

PAC publish

Elephant In

written warnin

misleading u

om intention

olations of th

ges and inju

use of its ma

Case No

B-PAC’s

horized use o

tial injury

al jurisdiction

a candidate

ate District 7

mark – a

mark pursuan

nal

udulent

ndorsement o

blican voter

e and desist

hed a second

nsignia,

ng of

use of its

nal copying

he United

unctive relief

arks.

o.

of

n

,

nt

of

s

f,

Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 3 of 15

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the na

the U

1969

feder

candi

perm

CRP

the pa

Corp

top h

appea

plaint

10. Th

ational polit

11. Th

United States

, Registratio

12. Th

rally tradema

idates, cause

mission to def

and the RNC

ast on nume

13. Th

orations Cod

alf of the ele

ars to be mo

T

he CRP is th

ical organiza

he Elephant

, since it wa

on Number 1

he Republica

arked RNC E

es, and issue

fend against

C is docume

rous occasio

he Elephant

de. The trade

ephant. Whe

nochrome.

FAC

HE CRP’S

he California

ation for all

Insignia trad

as registered

908397.

Registra

an National C

Elephant Ins

s. Along wit

any infringe

ented in writi

ons.

Insignia is r

emark featur

en used as a b

3

TUAL ALL

INTELLEC

a affiliate of t

Republican

demark is co

by the RNC

ation #: 1908

Committee g

signia in the

th the permis

ement upon t

ing. The CR

egistered to

res a red and

background

LEGATION

CTUAL PR

the Republic

voters.

ommonly use

C with the U.

8397

granted the C

e CRP logo a

ssion granted

the rights af

RP is entitled

the CRP pur

d blue elepha

for print and

NS

ROPERTY

can National

ed in Republ

.S. Patent an

CRP permis

and otherwis

d above, the

fforded. The

d to and has e

rsuant to §2

ant featuring

d digital mat

l Committee

lican politics

nd Trademark

sion to utiliz

se to promote

e RNC grante

agreement b

enforced the

1300 of the

g three white

terials, it som

Case No

e (“RNC”),

s throughout

k Office in

ze the

e Republican

ed the CRP

between the

e trademark i

California

e stars on the

metimes

o.

t

n

in

e

Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 4 of 15

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autho

users

plaint

14. Be

orized, legitim

, to commun

a. Le

Da

elow are thre

mate uses of

nicate with v

etter from sta

avid Hadley

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ate party Ch

, in Assemb

4

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ate

Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 5 of 15

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plaint

b. M

fo

c. Au

su

Mailer from C

r Assembly

uthorized Re

upporting the

California Re

District 21:

epublican vo

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5

epublican Pa

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arty supporti

om the San D

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o.

ate

Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 6 of 15

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cease

sever

or ab

Febru

the C

sourc

but th

politi

Repu

withd

as M

propo

is reg

used

the E

2015

plaint

15. Th

e and desist l

ral infringing

16. Th

out February

17. Th

uary 23, 201

18. Th

CRP’s Elepha

ce of the mai

19. M

hen withdrew

20. M

ical office.

21. Up

ublican Centr

22. At

drawn from t

s. Hertle’s w

23. Th

ortion, desig

gistered purs

throughout t

24. Th

Elephant Insi

25. Th

, the day the

he CRP activ

letters to any

g parties to c

he AASB-PA

y 23, 2015 (s

he first maile

5, with othe

he mailer fea

ant Insignia,

iler, and that

Ms. Hertle is a

w from the S

Ms. Hertle has

pon informa

ral Committ

t the time it p

the Senate D

withdrawal an

he elephant g

gn and color

uant to §213

the United S

he AASB-PA

gnia (or any

he CRP first

e first mailer

vely polices

y infringing u

cease and de

AASB-P

AC publishe

see Exhibit A

er was receiv

ers receiving

atured a phot

clearly desi

t it had endo

a candidate w

Senate Distri

s not been en

ation and bel

ees of the co

published th

District 7 rac

nd endorsem

graphic used

to the well-k

300 of the Ca

States.

AC has neve

y derivatives

learned of t

was receive

6

its trademar

users. In rec

sist their mis

PAC’S WRO

ed the first in

A).

ved by nume

it very shor

tograph of M

igned to fool

rsed Ms. He

who filed he

ict 7 election

ndorsed by t

ief, Ms. Her

ounties withi

he first maile

e, and had e

ment had bee

d by the AAS

known Eleph

alifornia Co

er sought or o

thereof).

the AASB-P

ed by the pub

rks and other

cent years, th

suse of the E

ONGFUL A

nfringing cam

erous Repub

rtly thereafte

Michaela He

l recipients i

ertle’s candid

er papers, wa

n, publicly an

the Californi

rtle has not b

in Senate Di

er, the AASB

ndorsed ano

en reported in

SB-PAC in t

hant Insignia

rporations C

obtained a li

AC’s tradem

blic.

r intellectual

he CRP has r

Elephant Ins

ACTS

mpaign mail

blican voters

er, as is the n

rtle (“Hertle

into believin

dacy.

as certified b

nnouncing th

ia Republica

been endorse

istrict 7.

B-PAC was a

other candida

n the media.

the Hertle m

a consistentl

Code, tradem

icense or aut

mark infringe

l property, a

reached agre

ignia.

ler at issue in

in Senate D

norm in bulk

e”) and three

ng that the CR

by the Secret

he same.

an Party for t

ed by any of

aware that M

ate named St

.

mailer is iden

ly used by th

marked by the

thorization f

ement on Fe

Case No

and sends

eements with

n this case on

District 7 on

k mail.

e instances o

RP was the

tary of State

this or any

f the official

Ms. Hertle ha

teve Glazer,

ntical in shap

he CRP, whi

e RNC, and

for the use of

ebruary 23,

o.

h

n

f

,

ad

pe,

ch

f

Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 7 of 15

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dema

secon

of inf

AASP

desig

maile

candi

was n

maile

votes

dropp

candi

parag

secon

signif

been

plaint

26. Th

anding that A

27. Th

28. Th

29. Af

nd mailer on

fluencing rec

PBPAC kne

30. Th

gnation of or

ers urged vot

idate for Stat

31. At

not a candida

32. AA

ers (collectiv

s of Republic

ped out, and

idates in the

33. Th

grpahs as if s

34. Th

ndary meanin

fy the Repub

35. Th

enhanced an

he CRP sent

AASB-PAC

he CRP did n

he AASB-PA

fter receivin

n March 2, 20

cipients into

ew Ms. Hertl

he second fra

igination by

ters to choos

te Senate, bu

t the times it

ate for the St

ASB-PAC p

vely, “Hertle

cans in Sena

thereby was

race and hav

Tra

he CRP repe

set forth fully

he Elephant

ng through i

blican Party’

he distinctive

nd extended

a cease and

immediately

not receive a

AC did not c

g and ignori

015 to Repub

believing th

le was no lon

audulent ma

repeatedly u

se the “One o

usinesswoma

t published t

tate Senate.

published the

e Mailers”) fo

ate District 7

sting their vo

ving their vo

FIRS

ademark Inf

eats and inco

y herein.

Insignia trad

its use, for de

’s official im

eness and se

through the

7

d desist letter

y halt its trad

a response fr

cease its trad

ing the CRP

blican voter

hat Ms. Hert

nger running

ailer from AA

using the wo

of their own

an Michaela

the second m

ese two fraud

for the direct

, cynically u

otes rather th

otes counted

ST CAUSE

fringement

orporates by

demark is inh

ecades, in C

mprimatur.

econdary me

extensive u

r to the AAS

demark infri

rom the AAS

demark infrin

’s cease and

rs in Senate D

tle was the en

g, and had ne

ASB-PAC fu

ords “Repub

n” and urged

a Hertle.”

mailer, AASB

dulent, decep

t purpose, an

urging them

han voting fo

d.

OF ACTIO

Under 15 U

reference ea

herently dist

California and

eaning of the

se of the ma

SB-PAC on F

ingement. (S

SB-PAC.

ngement of t

d desist letter

District 7 (se

ndorsed can

ever been en

urther comp

blican” in the

d “There is on

B-PAC was

ptive, false,

nd intended e

to vote for a

for one of the

ON

U.S.C. § 111

ach allegatio

tinctive. Mo

d national po

e Elephant In

ark by the CR

February 24,

See Exhibit B

the Elephant

r, AASB-PA

ee Ex. C), fo

ndidate of the

ndorsed by th

ounded the f

e mailer. For

nly one Rep

aware that M

and repeated

effect, of sup

a candidate w

e real, remai

4

on in the prec

oreover, it ha

olitical disco

nsignia trade

RP to design

Case No

, 2015,

B).

t Insignia.

AC published

or the purpos

e CRP, while

he CRP.

false

r example, th

ublican

Ms. Hertle

dly infringin

ppressing the

who had

ning

ceding

as acquired

ourse to

emark has

nate the

o.

d a

se

e

he

ng

e

Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 8 of 15

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Repu

consu

cease

tradem

legisl

Eleph

color

Distr

AASB

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legal

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the ca

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ublican Party

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mark, in vio

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y confusingly

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, AASB-PAC

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of the CRP

rs in Senate D

ASB-PAC h

and to deceiv

tured on the

ment, in every

actively poli

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s the CRP co

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has never bee

action comm

C would nev

rpose.

willfully used

gn, on the tw

wledge that th

hatsoever to

published the

ning of the E

AC willfully

U.S.C. § 11

mptly sent a

phant insign

nt out a secon

’s trademark

District 7 on

has used, and

ve consumer

mailers, Mi

8

y aspect of t

iced uses and

n learning of

onsented to A

ademark, in c

en authorize

mittee that ex

ver have bee

d the Elepha

wo Hertle ma

he CRP had

use the trad

e Hertle Mai

Elephant Ins

y infringed th

14.

cease and de

nia on the fir

nd mailer les

k. (Ex. C) Th

n March 2, 20

d continues t

rs concernin

ichaela Hertl

the party’s o

d misuses of

f any infring

AASB-PAC

commerce.

d to use the

xclusively su

en granted a

ant Insignia,

ailers in con

ownership r

demark.

ilers in order

ignia, and th

he CRP’s ex

esist letter to

rst mailer, on

ss than a we

he second m

015, and in e

to use, the C

ng the true or

le.

fficial comm

f the Elephan

ging use.

C’s use of the

Elephant In

upports Dem

license by th

including a

nnection with

rights to the t

r to intention

hereby confu

xclusive righ

o AASB-PA

n February 2

ek later, aga

mailer was rec

ensuing day

CRP’s tradem

rigin, source

munications t

nt Insignia, a

e Elephant In

signia.

mocratic cand

he CRP to us

mark with a

h the campai

trademark, a

nally benefit

use consume

t in the Elep

AC regarding

24 (Ex. B). Ig

ain featuring

ceived by m

s.

mark, with th

e and/or spon

Case No

to voters and

and sends ou

nsignia

didates for

se the

an identical

ign for Senat

and that

t from the

ers.

phant Insigni

g the

gnoring this

the

any

he intent to

nsorship of

o.

d

ut

te

ia

Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 9 of 15

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25

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28

irrepa

from

irrepa

Insign

suffer

suffer

know

upon

irrepa

Insign

AASB

parag

recog

inten

1125

Eleph

plaint

45. As

arable harm,

continuing t

46. Th

arable harm

nia trademar

47. As

red harm to

48. As

red substant

49. AA

wingly, malic

the CRP’s i

50. CR

arable harm

nia trademar

51. Un

B-PAC will

Dilutio

52. Th

graphs as if s

53. Th

gnition of the

ded uses of t

54. Th

(c), 1127, fo

hant Insignia

s a direct and

, and will co

to infringe th

he CRP has n

it will suffer

rk.

s a direct and

its reputatio

s a direct and

tial monetary

ASB-PAC’s

ciously, oppr

intellectual p

RP has no ad

it will suffer

rk and passin

nless it is enj

continue the

on by Blurri

he CRP repe

set forth fully

he AASB-PA

e famous Ele

the Elephant

he AASB-PA

or willfully tr

a.

d proximate

ntinue to suf

he CRP’s tra

no adequate

r if the AAS

d proximate

n and image

d proximate

y damages, i

s actions des

ressively and

property and

dequate rem

r if the AAS

ng off the H

njoined and r

ese actions t

SECO

ing – Trade

eats and inco

y herein.

AC, by reaso

ephant Insig

t Insignia.

AC is in viol

rading upon

9

result of AA

ffer irreparab

ademark.

remedy at l

SB-PAC is pe

result of AA

e.

result of AA

n an amount

cribed above

d with the sp

d goodwill, to

edy at law su

SB-PAC is pe

ertle mailers

restrained fro

that harm the

OND CAUSE

mark Infrin

orporates by

on of dilution

nia mark for

lation of the

the widespr

ASB-PAC’s

ble harm un

aw sufficien

ermitted to c

ASB-PAC’s

ASB-PAC’s

t to be determ

e have been

pecific intent

o confuse Ca

ufficient to c

ermitted to c

s as originati

om continuin

e CRP and in

E OF ACTI

ngement Un

reference ea

n by blurring

r ends diame

federal dilu

read recognit

conduct, the

less the AAS

nt to compen

continue infr

infringing c

infringing c

mined at tria

willful and

tion of injur

alifornia con

compensate

continue infr

ing from the

ng the wrong

njure and de

ION

nder 15 U.S

ach allegatio

g, willfully i

etrically opp

ution statute,

tion of the C

e CRP has su

SB-PAC is r

nsate it for th

ringing upon

conduct, the

conduct, the

al.

have been u

ring and trad

nsumers.

for the ongo

ringing the E

e CRP.

gful acts des

eceive the pu

.C.A. § 112

on in the prec

intended to t

posed to the a

Lanham Ac

CRP’s tradem

Case No

uffered

restrained

he ongoing,

n the Elephan

CRP has

CRP has

undertaken

ding unfairly

oing

Elephant

scribed abov

ublic.

25(c)

ceding

trade on the

authorized,

ct, 15 U.S.C.

mark, the

o.

nt

ve,

§

Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 10 of 15

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25

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27

28

the ub

Unite

ident

desig

produ

use b

ident

acqui

after

regar

econo

AASB

estab

CRP

produ

ident

plaint

55. Th

biquitous de

56. Th

ed States, inc

57. Th

ification bot

gnates the Re

58. Th

uction and d

became famo

59. Th

ify and distin

60. Th

ired distincti

the CRP’s m

61. Th

rdless of the

omic injury.

62. Un

B-PAC will

63. Th

lish, conclus

as a service

64. Th

uction and d

65. Th

66. Th

ify and distin

he Elephant

esignation of

he mark is fa

cluding Cali

he Elephant

th over time

epublican Pa

he AASB-PA

istribution o

ous.

he AASB-PA

nguish good

he CRP, as r

iveness, is en

mark became

he above act

presence or

nless enjoine

continue the

he AASB-PA

sively, that t

mark.

he AASB-PA

istribution o

he AASB-PA

he AASB-PA

nguish good

Insignia is r

f the Republi

amous, as it

fornia, as an

Insignia has

and across g

arty – and no

AC has used

of the Hertle

AC’s use cau

ds or services

registrant of

ntitled to an

e famous, co

tions are like

absence of a

ed and restra

ese practices

AC is in viol

the mark in q

AC has used

of the Hertle

AC began us

AC’s use cau

ds or services

10

egistered to

ican Party in

is widely rec

n official des

s recognized

geographic r

o other politi

d the CRP’s t

Mailers to th

uses dilution

s.

a famous ma

injunction a

ommenced us

ely to cause d

actual or like

ained from c

s that harm t

lation of the

question is fa

d the CRP’s t

Mailers to th

se of the trad

uses dilution

s. Lanham A

the CRP as

n California.

cognized by

signation of t

advertising

reach. Overa

ical entity.

trademark in

he public. T

n by lessenin

ark that is di

against the A

se of the ma

dilution by b

ely confusio

continuing th

the CRP and

federal dilu

famous. The

trademark in

he public.

demark after

n by lessenin

Act, §§ 43(c)

a service ma

y the general

the Republic

and publica

all, the public

n interstate c

his use bega

ng the capaci

istinctive, in

AASB-PAC,

ark in comme

blurring of th

on, of compe

he wrongful

d injure and d

ution statute b

Elephant In

n interstate c

r the CRP’s u

ng the capaci

), 45, 15 U.S

ark. The mar

consuming

can Party.

ations as wel

c is aware th

commerce th

an decades a

ity of the CR

nherently or t

which, at a

erce.

he famous m

etition, or of

acts describ

deceive the p

because the

signia is reg

commerce th

use became

ity of the CR

S.C.A. §§ 11

Case No

rk has becom

public of the

l as a strong

hat the mark

hrough the

after the CRP

RP’s mark to

through

time decade

mark,

actual

ed above, th

public.

CRP can

gistered to th

hrough the

famous.

RP’s mark to

25(c), 1127.

o.

me

e

P’s

o

s

he

e

o

.

Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 11 of 15

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28

CRP

irrepa

tradem

origin

Choic

AASB

parag

comm

www

cheap

Eleph

insign

for ov

did h

will m

ident

plaint

67. As

has suffered

68. Th

arable harm

mark, passin

nating from

ce,” despite

69. Un

B-PAC will

Dilution b

70. Th

graphs as if s

71. Th

mittee that ex

72. Ev

w.aasbpac.org

73. Th

pens the pure

hant Insignia

74. Th

nia with a D

ver forty-fou

75. Th

arm, the rep

76. AA

misleadingly

ification of t

s a direct and

d substantial

he CRP has n

it will suffer

ng off the He

the CRP, an

such endors

nless it is enj

continue the

by Tarnishm

he CRP repe

set forth fully

he AASB-PA

xclusively su

very single C

g – is a Dem

he AASB-PA

ely Republic

a with the CR

he AASB-PA

Democrat-pro

ur years.

he AASB-PA

utation of th

ASB-PAC’s

y associate th

the mark.

d proximate

monetary d

no adequate

r if AASB-P

ertle Mailers

nd distributin

ement being

njoined and r

ese actions t

THIR

ment –Trade

eats and inco

y herein.

AC is known

upports Dem

California leg

mocrat.

AC’s theft an

can image of

RP.

AC’s repeate

omoting PAC

AC, by reaso

he famous El

s infringing u

he AASB-PA

11

result of the

amages in an

remedy at l

PAC is perm

s and possibl

ng a publicat

g utterly fabr

restrained fro

that harm the

RD CAUSE

emark Infri

orporates by

n throughout

mocrats for le

gislator featu

nd misappro

f the insignia

ed misuse of

C, thereby ta

on of dilution

lephant Insig

use of the CR

AC with the

e AASB-PA

n amount to

aw sufficien

mitted to cont

ly other mai

tion endorsin

ricated.

om continuin

e CRP and in

OF ACTIO

ingement U

reference ea

t California p

egislative of

ured on the A

opriation of t

a, and weake

f the Elephan

arnishing its

n by tarnishm

gnia mark re

RP’s tradem

Republican

AC’s conduct

be determin

nt to compen

tinue diluting

lers or mater

ng a candida

ng the wrong

njure and de

ON

Under 15 U.S

ach allegatio

political circ

ffice.

AASB-PAC

the Elephant

ens the publi

nt Insignia w

exclusively

ment, willfu

egistered to t

mark presents

Party, thus

t described a

ned at trial.

nsate for the

g the Elepha

rials in the f

ate as the “R

gful acts des

eceive the pu

S.C.A. § 112

on in the prec

cles as a poli

C website –

t Insignia tar

ic’s identific

wrongfully a

Republican

ully intended

the CRP.

s a danger th

tarnishing th

Case No

above, the

ongoing,

ant Insignia

future as

epublican

scribed abov

ublic.

25(c)(1)

ceding

itical action

rnishes and

cation of the

associates the

connotation

d to harm, an

hat the public

he public’s

o.

ve,

e

n

nd

c

Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 12 of 15

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28

has su

irrepa

tradem

endor

Unles

contin

publi

parag

woul

actua

Maile

CRP

cause

Repu

has su

irrepa

plaint

77. As

uffered dam

78. Th

arable harm

mark, passin

rsing a cand

ss enjoined a

nue these pr

ic.

Unfai

79. Th

graphs as if s

80. Se

d technically

al or potentia

81. Th

ers that had t

82. Th

has suffered

83. Th

ed confusion

ublican organ

84. As

uffered mon

85. Th

arable harm

s a direct and

mages in an am

he CRP has n

it will suffer

ng off the He

idate as the “

and restraine

ractices that h

ir Competit

he CRP repe

set forth fully

ection 43(a)

y qualify as t

al deception.

he AASB-PA

the effect of

he Hertle Ma

d harm in ter

he CRP has b

n and deceive

nization in th

s a direct and

netary damag

he CRP has n

it will suffer

d proximate

mount to be

no adequate

r if AASB-P

ertle Mailers

“Republican

ed from cont

harm the CR

FOUR

ion –Tradem

eats and inco

y herein.

of the Lanha

trademark in

AC made ma

f deceiving R

ailers travele

rms of loss o

been damag

ed the public

he U.S.

d proximate

ges in an am

no adequate

r if AASB-P

12

result of AA

determined

remedy at l

PAC is perm

s as originati

n Choice,” de

tinuing the w

RP, tarnish th

RTH CAUSE

mark Infrin

orporates by

am Act 15 U

nfringement,

aterially fals

Republican v

ed in and hav

of good will

ed by the AA

c as to its tru

result of AA

ount to be d

remedy at l

PAC is perm

ASB-PAC’s

at trial.

aw sufficien

mitted to cont

ing from the

espite such e

wrongful act

he Elephant

E OF ACTI

ngement Un

reference ea

U.S.C.A. § 1

, but also un

se and mislea

voters, the in

ve had an ef

and reputati

ASB-PAC’s

ue origin, wh

ASB-PAC’s

etermined at

aw sufficien

mitted to cont

conduct des

nt to compen

tinue infring

e CRP, and d

endorsement

s described a

Insignia, an

ION

nder 15 U.S.

ach allegatio

125(a) prosc

nfair competi

ading statem

ntended audi

ffect on inter

on.

s use of the E

hich is not th

conduct des

t trial.

nt to compen

tinue tarnish

scribed abov

nsate for the

ing the Elep

distributing a

t not being p

above, AAS

nd injure and

.C.A. §1125

on in the prec

cribes not on

itive practice

ments on it th

ence of the m

rstate comme

Elephant Ins

he CRP, or a

scribed abov

nsate for the

ing the Elep

Case No

ve, the CRP

ongoing

phant Insigni

a publication

present.

SB-PAC will

d deceive the

5(a)

ceding

nly acts that

es involving

he Hertle

mailers.

erce, and the

ignia, as it h

any official

ve, the CRP

ongoing,

phant Insigni

o.

a

n

l

e

has

a

Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 13 of 15

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28

tradem

endor

AASB

1

2

3

4

5

plaint

mark, passin

rsing a cand

86. Un

B-PAC will

WHEREF

. For an inj

officers, e

persons ac

a.

b.

. That, purs

disgorge a

. That the A

days after

and form

. That, purs

destructio

like in its

paraphern

. That this

reasonabl

ng off the He

idate as the “

nless enjoine

continue the

FORE, the C

junction prel

employees, r

cting with, f

Imitating, c

Insignia reg

California l

Manufactur

displaying

to any trade

deception, o

Defendant

suant to 15 U

all profits de

AASB-PAC

r entry of an

in which De

suant to 15 U

on all mailers

possession,

nalia associa

Court declar

le attorneys’

ertle Mailers

“Republican

ed and restra

ese practices

PR

CRP prays fo

liminarily an

representativ

for, by, throu

copying, or m

gistered with

law, and dep

ring, produc

or otherwise

emark owne

or public mi

or their affil

U.S.C. §1117

erived from i

be required

injunction,

efendant has

U.S.C. § 111

s, labels, sig

custody or u

ated with mak

re this to be

fees pursuan

13

s as originati

n Choice,” de

ained from c

s that harm t

RAYER FO

or judgment

nd permanen

ves, successo

ugh or under

making unau

h the U.S. PT

picted herein

ing, distribu

e using any t

d by the CR

isunderstand

liation with t

7, the AASB

its illegal act

to file with

a report in w

complied w

18, the AASB

gns, prints, pa

under the co

king such in

an exception

nt to 15 U.S

ing from the

espite such e

continuing th

the CRP and

R RELIEF

against AAS

ntly enjoinin

ors, assigns,

r authority fr

uthorized use

TO by the RN

n and on the

uting, circula

trademark th

RP, or that is

ding as to the

the CRP;

B-PAC be co

ts complaine

the Court an

writing under

with the injun

B-PAC be co

ackages, adv

ontrol bearing

nfringing ma

nal case and

.C. § 1117;

e CRP, and d

endorsement

he wrongful

d injure and d

SB-PAC as f

ng the AASB

partners, att

rom Defenda

e of the trade

RNC, and reg

attached Exh

ating, adverti

hat imitates o

likely to cau

e origin of an

ompelled to

ed of herein;

nd serve on t

r oath descri

nction;

ompelled to

vertising, pro

g the Elepha

aterials;

d award the C

distributing a

t being utter

acts describ

deceive the p

follows:

B-PAC and it

torneys and a

ant, from:

emarked Ele

gistered to th

hibit A and C

ising, promo

or is confusin

use confusio

ny mailers/p

account to th

;

the CRP wit

ibing in deta

deliver to C

omotional m

ant Insignia,

CRP its full c

Case No

a publication

rly fabricated

ed above,

public.

ts agents,

all other

ephant

he CRP unde

C;

oting,

ngly similar

on, mistake,

publications b

he CRP and

thin thirty (3

ail the manne

CRP for

material or th

as well as a

costs and

o.

n

d.

er

by

0)

er

he

ll

Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 14 of 15

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24

25

26

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28

6

7

8

9

all iss

Date:

plaint

. That this

15 U.S.C.

. That the C

from inco

marketed

connectio

. That the C

has suffer

. For such o

Pursuant t

sues raised b

: March 5, 2

Court grant

. § 1116 & 1

Court order s

orrectly assum

or otherwise

on, or authori

Court grant t

red as a resu

other and fur

to Fed.R.Civ

by the Comp

2015

the CRP any

1117 and/or u

such other re

ming that th

e circulated

ization in an

the CRP treb

lt of the AA

rther relief aDEMA

v.P. 38(b), P

plaint.

14

y other reme

under Califo

elief as the C

e Hertle Ma

or promoted

ny way by th

ble damages

SB-PAC’s w

as this CourtAND FOR J

Plaintiff Calif

D

By: / _

HKTAP

edy to which

ornia law;

Court may de

ailers distribu

d by the AAS

he CRP; and

for the loss

willful, bad f

t deems just JURY TRIA

fornia Repub

DHILLON L

/s/ Harmeet __________Harmeet K. Krista L. BaTaylor BlooAttorneys foParty

h it may be e

eem appropr

uted, manufa

SB-PAC hav

of goodwill

faith violatio

and approprAL

blican Party

LAW GROU

K. Dhillon ___________Dhillon, Esq

aughman, Esom, Esq. or Plaintiff C

ntitled as pr

riate to preve

actured, distr

ve any relati

and harm to

ons.

riate.

y demands a j

UP INC.

__________q. sq.

California Re

Case No

ovided for in

ent the publi

ributed,

on,

o reputation

jury trial of

________

epublican

o.

n

ic

it

Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 15 of 15