8/20/2019 Pitch Inc. v. MJ Warren - trademark complaint.pdf

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RUSS, AUGUST KABAT

JULES L. KABAT , State Bar No. 061659

Email: ikabat@raklaw.com

IRENE Y. LEE, State Bar No. 213625

Email: ilee@raklaw.com

NATHAN D. MEYER, State Bar No. 239850

Email: nmeyer@raklaw '.com

lih

Floor

12424 Wilshire Boulevard

Los Angeles, California 90025

Telephone: 310-826-7474

Facsimile: 310-826-6991

Attorneys for Plaintiff Pitch, Inc.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA .

PITCH , INC., a California Corporation,

Plaintiff,

v.

MJ WARREN ENTERPRISES, INC.,

dba THE PITCH EXPERIENCE , a

California Corporation, MICHAEL

JOHN WARREN, an individual,

Defendants.

Case No. 2:16-CV-972

COMPLAINT FOR:

g

)RADEMARK INFRINGEMENT ;

2) UNFAIR COMPETITION UNDER

ALIFORNIA BUSINESS

PROFESSIONS CODE 17200; AND

(3) COMMON LAW UNFAIR

COMPETITION

DEMAND FOR JURY TRIAL

Plaintiff Pitch, Inc. ( Plaintiff ' or Pitch ) alleges as follows against

defendants MJ Wan-en Enterprises, Inc. doing business as The Pitch Experience

( MJW ) and Michael John Wan-en ( Wan-en ) ( collectively Defendants ):

2876-0 16 1602 11 Complaint.docx

COMPLAINT

Case 2:16-cv-00972-MWF-SS Document 1 Filed 02/11/16 Page 1 of 9 Page ID #:1

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1

This case anses from Defendants' intentional infringement and

violation of Plaintiffs protected Pitch trademarks (United States Trademark

Registration 4,718,259 in connection with, inter alia advertising and marketing )

and protected trade dress rights ( collectively Pitch Marks/Dress ). Plaintiff has

used its Pitch Marks/Dress continuously since 2008. In 2015, Defendants began

using deceptively similar marks, _ ames, art and other things, in a similar manner,

for identical services in intentional violation of Plaintiffs rights ( collectively

Defendants Infringing Uses ). The following is a comparison of Plaintiffs

protected Pitch Marks/Dress and examples of Defendants Infringing Uses:

Pitch, Inc.

The

Pitch

Expel ience

Pitch, Inc.

The

Pitch

Experience

PITCH

Pitch, Inc. The Pitch Experience

I

ABOUT US

2876-016 160211 Complaintdocx

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COMPLAINT

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Pitch Marks/Dress.

13. In 2015, Plaintiff discovered Defendants were operating a competing

advertising agency infringing and violating Plaintiffs Pitch Marks/Dress and

attendant rights, including as set forth in paragraph 1, supra.

14. In addition to offering identical and similar services under an

infringing and violating identical name, Defendants also utilized Plaintiffs trade

dress, including as set forth in paragraph 1, supra.

15. Plaintiff has demanded that Defendants cease and desist Defendants

Infringing Uses, but Defendants have failed to comply and cease and desist doing

so.

First Claim for Relief: Trademark Infringement Against All Defendants

16. Plaintiff repeats the allegations of paragraphs 1-15,

supra

and

incorporates them by reference as if herein set f 01ih in their entirety.

17. From 2008, Plaintiff used its Pitch Marks/Dress m interstate

commerce to identify the source of its services and to distinguish it from others by

prominently displaying the Pitch Marks/Dress in connection with its services. The

protected Pitch mark is federally registered, as mark No. 4,718,259.

18. Defendants Infringing Uses, including without limitation The Pitch

Experience, are in imitation, infringement and violation of Plaintiffs Pitch

Marks/Dress and intended to steal and trade on the goodwill created by Plaintiff.

19. Defendants have, without permission, willfully and with the intention

of benefiting from the reputation and goodwill of Pitch, offered services under

Defendants Infringing Uses, including without limitation The Pitch Experience.

20. Plaintiff is info1med, believes and based thereon alleges that in

addition to W anen creating and usfog Defendants Infringing Uses, W anen

directed, controlled and caused MJW also to do so.

21. There is a substantial likelihood of confusion on the part of the public

and clients regarding and between the Pitch Marks/Dress and Defendants

2876-016 160211Complaint.docx

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COMPLAINT

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misappropriation of Plaintiffs trademark and related rights m violation of

Califmnia Business

Professions Code§§ 17200

et seq.

29. Defendants misappropriated, including in bad faith, the labors and

expenditures of Plaintiff.

30. As a direct and proximate result of Defendants unlawful, unfair

and/or fraudulent business practices including without limitation Defendants

Infringing Uses, Plaintiff has suffered, and will continue to suffer, iITeparable harm

and injury.

31. Plaintiff has no fully complete and adequate remedy at law, and

Defendants conduct has caused and will continue to cause irreparable hmm and

injury to Plaintiffs business, reputation and goodwill.

32. Plaintiff is entitled to an injunction prohibiting Defendants from

continuing its actionable misconduct including without limitation Defendants

Infringing Uses, and Plaintiff is entitled to restitution of all amounts acquired by

Defendants by means of such wrongful act.

Third Claim for Relief: Common Law Unfair Competition

Against All Defendants

33. Plaintiff repeats the allegations of paragraphs 1-32,

supra

and

incorporates them by reference as if herein set forth in their entirety.

34. Defendants actionable misconduct is intended to and/or likely to

cause confusion, misrepresentation, mistake and/or deceive the public and clients

as to the affiliation, approval, sponsorship, or connection between Plaintiff and

Defendants, and therefore constitutes common law unfair competition under

California law.

3 5. Plaintiff has been damaged and will continue to be damaged by

Defendants actionable misconduct.

36. Defendants actionable misconduct is causing and will continue to

cause Plaintiff to suffer in-eparable harm and injury and, unless Defendants are

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COMPLAINT

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1 DEMAND FOR JURY TRIAL

2 Pursuant to Federal Rule of Civil Procedure 38 b ), Plaintiff Pitch, Inc.

3 demands trial by jury on all issues.

4

5 Dated: February 11, 2016

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2876-0 16 16021 1Complaint.docx

RUSS , AUGUST KABAT

Jules L. Kabat

Irene Y. Lee

Nathan D. Meyer

By:

Jules

L.: -----

ttorneys for Plaintiff Pitch , Inc.

9

COMPLAINT

Case 2:16-cv-00972-MWF-SS Document 1 Filed 02/11/16 Page 9 of 9 Page ID #:9