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CHRISTOPHER GORDON, an
individual,
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Plaint i fi
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vs.
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Is
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Defendants.
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COMPLMNT AND DEMAND FOR JURY TRIAL
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traits of a honey badger. The video went viral and has generated more than 75
million views on YouTube. In the video, Plaintiffs original expressions and jokes
include the phrase Honey Badger Dont Care. Plaintiffs original expressions
have gained a tremendous amount of notoriety, and his expressions have been
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numbers for various classes of goods, including, inter a/ia, mugs, t-shirts, audio
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books, computer application software and plush toys. Plaintiff has also produced,
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advertised, and sold merchandise bearing his trademark of Honey Badger Dont
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Care since soon after the video was published, and he continues to sell and
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Defendants Bed Bath & Beyond, Inc., Tervis Tumbler Company, Inc., and
is
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numerous products that bore Plaintiffs trademark of Honey Badger Dont Care,
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all of which were sold at Bed Bath & Beyond. Defendants committed such
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COMPLAINT AND DEMAND FOR JURY TRIAL
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This is a civil action arising under the Trademark Laws of the United
the state law claims are so related to the federal claims that they form part of the
same case or controversy and derive from a common nucleus of operative facts.
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1367(a) because
1391(b) and
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1400(a). At all times relevant hereto, Plaintiff has been a resident of Los Angeles,
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California. The infringing products which are the subject of this litigation have
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been distributed and offered for distribution in the Central District of California,
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Defendants have extensive contacts with, and conduct business within, this
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District; have placed products into the stream of commerce in this District; and
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Bed Bath & Beyond, Inc. (BB&B) is a New York corporation that is subject to
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the jurisdiction of this Court. BB&B is a chain of merchandise retail stores that
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sells goods primarily for the bedroom and bathroom, as well as kitchen and dining
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room.
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COMPLAINT AND DEMAND FOR JURY TRIAL
products
such as cups and mugs that use double-wall technology to harness the natural
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jurisdiction of this Court. Weavetec, through its division Simply Home, produces
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directed, participated in, contributed to, ratified, and/or accepted the benefits of
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to Plaintiff who therefore sues said defendants by such fictitious names. Plaintiff
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is infonTled and believes and based thereon alleges that each of the fictitiously
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named defendants is responsible in some manner for the events, acts, occurrences
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and liabilities alleged and referred to herein. Plaintiff will seek leave to amend this
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Complaint to allege the true names and capacities of these DOE defendants when
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SUBSTANTEVE ALLEGATLONS
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YouTube that consisted of his original narration humorously describing the traits
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of a honey badger. The Video, titled The Crazy Nastyass Honey Badger (original
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by Randall), became an instant hit. The Video went viral and is one
narration
of the most popular videos ever uploaded onto YouTube. To date, the Video has
generated more than 75 million views on YouTube. The Video and subsequent
phenomendn have been covered by internet blogs such as the Huffington Post
(which proclaimed Honey Badger Dont Care {asj the best nature video of all
time) as well as by entertainment and news outlets from Forbes to the Neit York
Observer to TMZ.
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others contained in the Video) have gained a tremendous amount of notoriety, and
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BADGER DONT CARE (the Mark). Plaintiff registered the Mark with the
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United States Patent and Trademark Office for various classes of goods under the
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4,281,472. Attached hereto as Exhibit A are true and correct copies of the
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Trademark Registrations.
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After the Video was published, Plaintiff produced and sold goods,
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including, iiiter alia, t-shirts, sweatshirts, bumper stickers, hats, mugs and plush
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dolls that displayed his Mark and expressions. Plaintiff has also selectively
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licensed his intellectual property rights to third parties in order to monetize the
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internet. Sales of Plaintiffs merchandise bearing his Mark have been substantial,
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COMPLAINT AND DEMAND FOR JURY TRIAL
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used in connection with his trademark and derivations thereof. The Mark and its
Randall). The Mark and/or its derivations have appeared in Plaintiffs Video, and
have since been displayed on numerous advertisements and goods that Plaintiff
promotes. Plaintiff even authored a book titled Honey Badger Don 1 Care:
Ra,zdalls Guide to Crarv Nastyass Animals, and launched a mobile app titled
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making his Mark well-known to the public. Plaintiff has promoted his Mark by,
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appearances in media outlets, and publicizing the Mark through social media
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platforms.
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Mark, the public has come to exclusively identify the Mark and its derivations
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with Plaintiff. Among other things, Plaintiff, his expressions, and/or his Mark
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Dancing with the Stars, in an episode of the popular television show America s
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Got Talent, in an episode of the hit television series G/ee by the shows famous
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recording artist Taylor Swift, and on the Howard Stern radio show (Baba Booey).
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Plaintiffs expressions and Mark are famous and distinctive under applicable law,
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COMPLAINT AND DEMAND FOR JURY TRIAL
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including, inter a/ia, pillows and tumblers, that unlawfully bore Plaintiffs Mark
such infringing merchandise throughout the United States, including in the County
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country.
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rights, and cause customer confusion in the process. The various types of
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appeared to be.
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use of the Mark have caused confusion, and are likely to do so in the future, and
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COMPLAINT AND DEMAND FOR JURY TRIAL
the use by Defendants of the Mark, any colorable imitation of it, or any mark
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Defendants purpose in utilizing the Mark is an attempt to benefit unfairly prom the
valuable goodwill and extreme popularity of the Mark, which was established at
FIRST CLALM
Defendants)
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Plaintiff has suffered and continues to suffer and/or is likely to suffer damage to
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his trademark, reputation, and goodwill. Defendants 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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agents, employees, and all persons acting in concert with them, from engaging in
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wrongful acts. Plaintiff is presently unable to ascertain the full extent of the
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COMPLAINT AND DEMAND FOR JURY TRIAL
profits, and advantages that Defendants have obtained as a result of their wrongful
acts. Plaintiff is presently unable to ascertain the extent of the gains, profits, and
infringement.
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Plaintiffis entitled to all remedies available under 15 U.S.C. l 117 and 1118,
including but not limited to an award of treble damages and increased profits
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Plaintiff also is entitled to recover his attorneys fees and costs of suit
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SECOND CLAIM
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section 14245 et seq. and California Common Law Against All Defendants)
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inclusive, of this Complaint and incorporates the same herein by the reference as
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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 public as to the source, approval or sponsorship
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seq., in that, among other things, Defendants acts and conduct are likely to cause
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confusion, deception, and mistake among the consuming public as to the source,
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COMPLAINT AND DEMAND FOR JURY TRIAL
and mistake among consumers and the public. Plaintiff is entitled to preliminary
and pem1anent injunctions restraining and enjoining Detendants and their officers,
agents, affiliates, vendors, partners and employees, and all persons acting in
Mark and its derivations and his common law rights in same.
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three times Defendants profits and damages suffered by reason of their wrongful
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THIRD CLAIM
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false designation of origin which have caused confusion, mistake, and deception
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COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff has suffered and continues to suffer and is likely to suffer damage to his
reputation, goodwill, and to the Mark. Defendants will continue the activities
alleged herein and will cause irreparable damage to Plaintiff Plaintiff has no
their officers, agents, affiliates, vendors, partners and employees, and all persons
competition, deceitful acts using the Mark, and false designation of origin and
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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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ofDefendants acts of unfair competition and false designation of origin and false
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profits, and advantages they have obtained as a result of their wrongful and
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malicious acts. Plaintiff is presently unable to ascertain the extent of the gains,
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profits, and advantages that Defendants have realized by reason of their acts of
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unfair competition and false designation of origin and false affiliation and
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association.
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15U.S.C.*1117.
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Plaintiff is also entitled to recover his attorneys fees and costs of suit
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COMPLAINT AND DEMAND FOR JURY TRIAL
FOURTH CLAIM
(Unfair Competition Against All Defendants)
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inclusive, of this Complaint and indorporates the same herein by the reference as
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17200, ci seq., and under the common law of the State of California.
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caused Plaintiff irreparable injury, and will, unless retrained, further impair the
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value of his Mark, intellectual property rights, reputation, and goodwill. Plaintiff
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unable to ascertain the full extent of the monetary damages he has suffered by
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etseq.; (ii) infringed the Mark under California law; and (iii) engaged in unfair
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COMPLAINT AND DEMAND FOR JURY TRIAL
competition, and violated California Business and Professions Code section 17200
etseq.
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That Plainttf be awarded (i) all profits of Defendants, (ii) all of his
damages, (iii) statutory damages available under the law including 15 U.S.C.
1117, if elected, (iv) treble damages, (v) punitive damages, (vi) disgorgernent and
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a.
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goods or services;
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b.
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can, or is likely to, lead the public to believe that any product
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c.
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COMPLAINT AND DEMAND FOR JURY TRIAL
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bearing the Mark, any copy, simulation, variation or colorable imitations of the
Mark, and any documents or tangible things that discuss, describe, mention or
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That Defendants file with the Court and serve upon Plaintiffs
counsel within thirty (30) days after entry ofjudgment a report in writing under
oath setting forth in detail the manner and form in which Defendants have
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Daniel L. Reback
Attorneys for Plaintiff,
CHRISTOPHER GORDON
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COMPLAINT AND DEMAND FOR JURY TRIAL
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action.
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By______
Daniel L. Reback
Attorneys for Plaintiff,
CHRISTOPHER GORDON
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COMPLAINT AND DEMAND FOR JURY TRIAL
tatc at
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TRADEMARK
PRINCIPAL REGISTER
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TRADEMARK
PRINCWAL RECISTER
THE MARX CONSISTS OF STkNDAIID CHARACTERS WIThOUT CLAIN TO ANY PAR.
TICULAR FOIfF, STYLE, SIZE. OR COLOR.
SN 85-449,924, FILED 10-18-201 I.
SCOTT 51DB, EXAMINING ATTORNEY
tate of
?HuIt?b taW% atnt irnb rabcmarh Dffice
mt. Cl.: 21
TRADEMARK
PRINCrPAL REGISThR