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UNITED STATED DISTRICT COURTMIDDLE DISTRICT OF LOUISIANA

DONNA DOUGLAS,

Plaintiff

v.

MATTEL, INC.

Defendant

Civil Action No.

COMPLAINT

JURY TRIAL DEMANDED

Plaintiff, Donna Douglas, for her complaint against Defendant, Mattel, Inc. (Mattel),

alleges as follows:

NATURE OF THE CASE

1. Plaintiff, Donna Douglas, is the actress who played Elly May Clampett in all 274episodes of the iconic television series The Beverly Hillbillies. Mattel has recently

introduced an Elly May Barbie doll, and is engaging in the unauthorized use of Ms.

Douglass name, likeness and image, as well as the distinctive attributes of her

portrayal of the Elly May character, to promote and sell the Elly May Barbie.

Mattells unauthorized conduct constitutes false endorsement under the federal

Lanham Act, violations of Plaintiffs Louisiana right of publicity, and

misappropriation and unjust enrichment under Louisiana law.

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PARTIES

2. Plaintiff, Donna Douglas, resides in Zachary, Louisiana.3. Defendant, Mattel, Inc., is a Delaware corporation with its principal place of business

at 333 Continental Boulevard, El Segundo, California.

JURISDICTION AND VENUE

4. This Court has original subject matter jurisdiction over the false endorsement claim inthis action pursuant to 15 U.S.C. 1121 and 28 U.S.C. 1331 and 1338, because

the complaint states claims for violation of the federal Lanham Act. The Court has

jurisdiction over the related State right of publicity, misappropriation and unjust

enrichment claims pursuant 28 U.S.C. 1367. The Court also has diversity

jurisdiction over Plaintiffs State law claims pursuant to 28 U.S.C. 1332.

5. Venue is proper within this district pursuant to 28 U.S.C. 1391 because Ms.Douglas resides here.

FACTS

6. Ms. Douglas is the actor who played Elly May Clampett in all 274 episodes of TheBeverly Hillbillies. The show, which was broadcast for nine seasons on CBS from

1962 through 1971, ranked among the most watched on television during its initial

run, and has been broadcast in syndication around the world ever since.

7. Ms. Douglas is recognized throughout the world for her portrayal of Elly MayClampett, and continues to make public appearances in association with the role 40

years after the shows final season.

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8. In approximately December, 2010, Defendant, Mattel, introduced and began topromote an Elly May Barbie doll designed to resemble the Elly May Clampett

character as portrayed by Ms. Douglas. The packaging for the Elly May doll

features a photo of Ms. Douglas portraying the character. (A photo of the Elly May

Barbie is attached hereto as Exhibit A). In promotional materials, Mattel describes

the dolls association with Ms. Douglass portrayal of Elly May Clampett: [T]he

Elly May Barbie doll portrayed by Donna Douglas in the TV show captures the

essence of the classic 60s TV character and show, The Beverly Hillbillies. (A copy

of a promotional description of the doll from Amazon.com is attached hereto as

Exhibit B).

9. Despite the fact the doll is designed to resemble Elly May as portrayed by Ms.Douglas and marketed to capitalize on the close association in the public mind

between Ms. Douglas and the Elly May character, Ms. Douglas never endorsed the

doll and never gave Mattel her permission to use her name, image, or likeness in

association with the promotion of the doll.

FIRST CAUSE OF ACTION

(Lanham Act False Endorsement)

10. Plaintiff repeats and realleges the allegations set forth in Paragraphs 1 through 9 as iffully set forth herein.

11. Mattels unauthorized use of Ms. Douglass name, image, likeness, and distinctiveattributes in the portrayal of the Elly May character creates the false public

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impression that Ms. Douglas has endorsed the Elly May Barbie or otherwise

approved the use of her name, image, likeness and attributes in association with the

marketing of the product.

12. Mattels unauthorized use of Ms. Douglass name, likeness, image and attributesconstitutes false endorsement in violation of Section 43(a) of the Lanham Act, 15

U.S.C. 1125(a).

13. Through Mattels violation of Section 43(a) of the Lanham Act, Ms. Douglas hasbeen damaged in an amount t be determined at trial, but presently estimated to be not

less than $75,000.00.

SECTION CAUSE OF ACTION

(Louisiana Right of Publicity)

14. Plaintiff repeats and realleges the allegations set forth in Paragraphs 1 through 13 as iffully set forth herein.

15. By its unauthorized commercial use of Ms. Douglass name, photograph anddistinctive attributes in the portrayal of the Elly May character, Mattel has violated

Ms. Douglass Louisiana right of publicity.

16. Through Mattels violation of Ms. Douglass right of publicity, Ms. Douglas has beendamaged in an amount to be determined at trial, but presently estimated to be not less

than $75,000.00.

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THIRD CAUSE OF ACTION

(Louisiana Misappropriation)

17. Plaintiff repeats and realleges the allegations set forth in Paragraphs 1 through 16 as iffully set forth herein.

18. By its unauthorized commercial use of Ms. Douglass name, likeness, image anddistinctive attributes in the portrayal of the Elly May character, Mattel has

misappropriated Ms. Douglass identity for its commercial advantage of promoting

and selling the Elly May Barbie.

19. Through Mattels misappropriation of Ms. Douglass identity, Ms. Douglas has beendamaged in an amount to be determined at trial, but presently estimated to be not less

than $75,000.00.

FOURTH CAUSE OF ACTION

(Louisiana Unjust Enrichment)

20. Plaintiff repeats and realleges the allegations set forth in Paragraphs 1 through 19 as iffully set forth herein.

21. By its unauthorized commercial use of Ms. Douglass name, likeness, image anddistinctive attributes in the portrayal of the Elly May character, Mattel has been

enriched at the direct expense of Ms. Douglas, without any justification for its

conduct.

22. By its conduct, Matell has been unjustly enriched in an amount to be determined attrial, but presently estimated to be not less than $75,000.00.

WHEREFORE, Plaintiff, Donna Douglas, seeks an order of this Court:

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1) Preliminary and permanently enjoining Mattel from the use of Plaintiffs name,likeness, image and distinctive attributes in the portrayal of the Elly May

character.

2) Awarding Plaintiff damages in an amount to be determined at trial.3) Awarding Plaintiff her reasonable attorneys fees and costs incurred in

prosecuting this action.

4) Awarding Plaintiff such other relief as to the Court appears just and proper.

A JURY TRIAL IS DEMANDED ON ALL ISSUES SO TRIABLE

Dated: Baton Rouge, LouisianaMay 5, 2011

Respectfully Submitted:

s/Philip J. ShaheenPhilip J. Shaheen, Esq.

Bar Roll No. 11580SHAHEEN AT LAW, INC.8966 Interline Avenue, Suite EBaton Rouge, Louisiana 70809-1963Tel: 225-925-1559Fax: 225-926-8552

Charles von Simson, Esq.(Not admitted in the Middle District of

Louisiana)

von Simson & Chin LLP

62 Williams Street Sixth FloorNew York, NY 10005Telephone: (212) 514-8645

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on May 4, 2011, a copy of the foregoing Complaint was filed

electronically with the Clerk of Court using the CM/ECF system. Notice of this filing will be

sent to Mattel, Inc. by operation of the Courts electronic filing system.

s/Philip J. ShaheenPhilip J. Shaheen, Esq.Bar Roll No. 11580Attorney for Plaintiff, Donna DouglasSHAHEEN AT LAW, INC.8966 Interline Avenue, Suite E

Baton Rouge, Louisiana 70809-1963Tel: 225-925-1559Fax: 225-926-8552pshah62@earthlink.net

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2JS 44 (Rev. 12/07) CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as pry local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of inhe civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE

LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

I. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an X in One Box for P(For Diversity Cases Only) and One Box for Defendant

u 1 U.S. Government u 3 Federal Question PTF DEF PTF D

Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated orPrincipal Place u 4

of Business In This State

u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated andPrincipal Place u 5

Defendant(Indicate Citizenship of Parties in Item III)

of Business In Another State

Citizen or Subject of a u 3 u 3 Foreign Nation u 6

Foreign Country

V. NATURE OF SUIT (Place an X in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTE

u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 610 Agriculture u 422 Appeal 28 USC 158 u 400 State Reapportionm

u 120 Marine u 310 Airplane u 362 Personal Injury - u 620 Other Food & Drug u 423 Withdrawal u 410 Antitrust

u 130 Miller Act u 315 Airplane Product Med. Malpractice u 625 Drug Related Seizure 28 USC 157 u 430 Banks and Banking

u 140 Negotiable Instrument Liability u 365 Personal Injury - of Property 21 USC 881 u 450 Commerce

u 150 Recovery of Overpayment u 320 Assault, Libel & Product Liability u 630 Liquor Laws PROPERTY RIGHTS u 460 Deportation

& Enforcement of Judgment Slander u 368 Asbestos Personal u 640 R.R. & Truck u 820 Copyrights u 470 Racketeer Influence

u 151 Medicare Act u 330 Federal Employers Injury Product u 650 Airline Regs. u 830 Patent Corrupt Organizatio

u 152 Recovery of Defaulted Liability Liability u 660 Occupational u 840 Trademark u 480 Consumer Credit

Student Loans u 340 Marine PERSONAL PROPERTY Safety/Health u 490 Cable/Sat TV

(Excl. Veterans) u 345 Marine Product u 370 Other Fraud u 690 Other u 810 Selective Service

u 153 Recovery of Overpayment Liabil ity u 371 Truth in Lending LABOR SOCIAL SECURITY u 850 Securities/Commod

of Veterans Benefits u 350 Motor Vehicle u 380 Other Personal u 710 Fair Labor Standards u 861 HIA (1395ff) Exchange

u 160 Stockholders Suits u 355 Motor Vehicle Property Damage Act u 862 Black Lung (923) u 875 Customer Challenge

u 190 Other Contract Product Liability u 385 Property Damage u 720 Labor/Mgmt. Relations u 863 DIWC/DIWW (405(g)) 12 USC 3410

u 195 Contract Product Liability u 360 Other Personal Product Liability u 730 Labor/Mgmt.Reporting u 864 SSID Title XVI u 890 Other Statutory Acti

u 196 Franchise Injury & Disclosure Act u 865 RSI (405(g)) u 891 Agricultural Acts

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 740 Railway Labor Act FEDERAL TAX SUITS u 892 Economic Stabilizat

u 210 Land Condemnation u 441 Voting u 510 Motions to Vacate u 790 Other Labor Litigation u 870 Taxes (U.S. Plaintiff u 893 Environmental Mat

u 220 Foreclosure u 442 Employment Sentence u 791 Empl. Ret. Inc. or Defendant) u 894 Energy Allocation A

u 230 Rent Lease & Ejectment u 443 Housing/ Habeas Corpus: Security Act u 871 IRSThird Party u 895 Freedom of Informa

u 240 Torts to Land Accommodations u 530 General 26 USC 7609 Act

u 245 Tort Product Liability u 444 Welfare u 535 Death Penalty IMMIGRATION u 900Appeal of Fee Determ

u 290 All Other Real Property u 445 Amer. w/Disabilities - u 540 Mandamus & Other u 462 Naturalization Application Under Equal Access

Employment u 550 Civil Rights u 463 Habeas Corpus - to Justice

u 446 Amer. w/Disabilities - u 555 Prison Condition Alien Detainee u 950 Constitutionality of

Other u 465 Other Immigration State Statutes

u 440 Other Civil Rights Actions

V. ORIGINTransferred fromanother district(specify)

Appeal to DJudge fromMagistrateJudgment

(Place an X in One Box Only)

u 1 OriginalProceeding

u 2 Removed fromState Court

u 3 Remanded fromAppellate Court

u 4 Reinstated orReopened

u 5 u 6 MultidistrictLitigation

u 7

VI. CAUSE OF ACTION

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

Brief description of cause:

VII. REQUESTED IN

COMPLAINT:

u CHECK IF THIS IS A CLASS ACTION

UNDER F.R.C.P. 23

DEMAND $ CHECK YES only if demanded in complaint

JURY DEMAND: u Yes u No

VIII. RELATED CASE(S)

IF ANY(See instructions):

JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

OUGLAS, DONNA

EAST BATON ROUGE

HILIP J. SHAHEEN, ESQ., SHAHEEN AT LAW, INC66 INTERLINE AVE, STE E, BATON ROUGE, LA 70809L: 225-925-1559

MATTEL, INC.

15 USC 1125(a)

Unauthorized use of Donna Douglas's name, image, likeness & distinctive attributes

05/04/2011 s/Philip J. Shaheen

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S 44 Reverse (Rev. 12/07)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as reqy law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for thf the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil comled. The attorney filing a case should complete the form as follows:

(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, ushe full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, g

oth name and title.

(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at thf filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation he county of residence of the defendant is the location of the tract of land involved.)

(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, nn this section (see attachment).

I. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an X f the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.

United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.

United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an X in this box.

ederal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment onstitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, an

or 2 should be marked.Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenshipifferent parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)

II. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this sor each principal party.

V. Nature of Suit. Place an X in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is suffo enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, he most definitive.

V. Origin. Place an X in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.

emoved from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the peor removal is granted, check this box.

emanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.einstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.

ransferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidtigation transfers.

Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When thchecked, do not check (5) above.

Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judges decision.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional stanless diversity. Example: U.S. Civil Statute: 47 USC 553

Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an X in this box if you are filing a class action under Rule 23, F.R.Cv.P.

Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.

ury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket nund the corresponding judge names for such cases.

ate and Attorney Signature. Date and sign the civil cover sheet.

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