Case 5:16-cv-00167-TJH-SP Document 13 Filed 02/01/16 Page 1 of 21 Page ID #:139

1 DAVID J. STEELE,CA Bar No. 209797

david.steele@tuckerellis.com
HOWARD
A.KROLL,CA Bar No. 100981
2
howard.kroll@tuckerellis.com
3 TUCKER ELLIS LLP
515 South Flower Street
Floor
Forty-Second
4
Los Angeles, CA 90071-2223
5 Telephone: (213)430-3400
Facsimile: (213)430-3409
6
Attorneys for Plaintiffs
7 Coachella Music Festival, LLC and
Goldenvoice, LLC
8
9

UNITED STATES DISTRICT COURT

10

CENTRAL DISTRICT OF CALIFORNIA

11

EASTERN DIVISION

12

)-4
4.4

COACHELLA MUSIC
13 FESTIVAL,LLC and
GOLDENVOICE,LLC,
14
Plaintiffs,
15
v.
16
KAMYLE DUNCAN a/k/a
17 KAMIL AL-AHDALI a/k/a HARRIS
DUNCAN a/k/a THEBEARCAPSOCIAL
18 a/k/a THEBEARCAPSUNDAY d/b/a
HOODCHELLA; CHASITY NICOLE
19 STEWART a/k/a CHASITY LONDYN
d/b/a HOODCHELLA; and DOES 1-20,
20
Defendants.
21

Case No. 5:16-cv-00167 TJH(SPx)

FIRST AMENDED COMPLAINT FOR
TRADEMARK AND SERVICE MARK
INFRINGEMENT;FALSE
DESIGNATION OF ORIGIN;
DILUTION; CYBERSQUATTING;
AND UNFAIR COMPETITION
DEMAND FOR TRIAL BY JURY

22
23
24
25
26
27
28

FIRST AMENDED COMPLAINT

Case 5:16-cv-00167-TJH-SP Document 13 Filed 02/01/16 Page 2 of 21 Page ID #:140

Plaintiffs Coachella Music Festival, LLC and Goldenvoice, LLC (collectively,

2 "Plaintiffs") by and through their attorneys, Tucker Ellis LLP, file their complaint against
3 Defendants Kamyle Duncan a/k/a Kamil Al-Ahdali a/k/a Harris Duncan a/k/a
4 thebearcapsocial

a/k/a

thebearcapsunday

d/b/a

HOODCHELLA

("Duncan");

5 Chasity Nicole Stewart a/k/a Chasity Londyn d/b/a HOODCHELLA ("Stewart"); and
6 Does 1-20 (collectively, "Defendants")for injunctive relief and damages as follows:
7

Plaintiffs allege as follows, upon actual knowledge with respect to themselves and
their own acts, and on information and belief as to all other matters.
INTRODUCTION

9
Cleveland Columbus Denver *Los Angeles 1 San Francisco

10

1.

Held annually, Plaintiffs' Coachella Valley Music & Arts Festival

11 ("COACHELLA") is one of the most critically acclaimed music festivals in the world,
12 with multiple bands, artists, food vendors, and stages. COACHELLA is a sold-out event
13 which attracts nearly 600,000 attendees to Southern California each April. Trading on the
14 goodwill of Plaintiffs' famous COACHELLA festival, Defendants are attempting to
15 operate his own directly competitive festival named HOODCHELLA. Like Plaintiffs'
16 famous COACHELLA festival, Defendants' HOODCHELLA festival is advertised as a
17 festival which features multiple bands, artists, and food vendors. And just like
18 COACHELLA, Defendants' HOODCHELLA festival is advertised to take place in
19 Southern California across multiple days in April. Plaintiffs have no objection to
20 Defendants' holding a music festival; but Defendants have ignored repeated requests
21 from Plaintiffs to adopt his own distinctive festival name. Accordingly, Plaintiffs have
22 been forced to file this action to protect the famous COACHELLA trademark and service
23 mark from infringement and dilution, and to protect the public from the likelihood of
24 confusion caused by Defendants.
THE PARTIES

25
26

2.

Plaintiff Coachella Music Festival, LLC is a limited liability company

27 organized and existing under the laws of the State of Delaware, having a principal place
28
-1FIRST AMENDED COMPLAINT

Case 5:16-cv-00167-TJH-SP Document 13 Filed 02/01/16 Page 3 of 21 Page ID #:141

1 of business in Los Angeles, California. Coachella Music Festival, LLC owns the
2 intellectual property rights to COACHELLA.
3

3.

Plaintiff Goldenvoice, LLC is a limited liability company organized and

4 existing under the laws of the State of California, having a principal place of business in
5 Los Angeles, California. Goldenvoice, LLC produces the COACHELLA festival.
6

4.

Defendant Duncan is a resident of the State of California with his usual

7 mailing address in Pomona, California and his principal residence in Pasadena,

8 California.
9

5.

Defendant Duncan is also known as Kamil Al-Ahdali.

10

6.

Defendant Duncan is also known as Harris Duncan.

11

7.

Defendant Duncan is also known as thebearcapsocial.

12

8.

Defendant Duncan is also known as thebearcapsunday.

13

9.

Defendant Duncan is doing business as HOODCHELLA.

X14

10.

Defendant Stewart is a resident of the State of California with her principal

15 residence in Pasadena, California.

16

11.

Defendant Stewart is also known as Chasity Londyn.

I17

12.

Defendant Stewart is doing business as HOODCHELLA.

1 18

13.

Plaintiffs are not aware of the true names and capacities of Defendants

19 named in this Complaint as Does 1-20, inclusive, and therefore brings this action against
20 these Defendants by such fictitious names. Plaintiffs will amend this Complaint to allege
21 these Defendants' true names and capacities when ascertained.
22

14.

At all times material to this action, each of the Defendants was the agent,

23 servant, employee, partner, alter ego, subsidiary, or joint venturer of each of the other
24 Defendants, and the acts of each ofthe Defendants were in the scope of such relationship;
25 in doing the acts and failing to act as alleged in this Complaint, each of the Defendants
26 acted with the knowledge, permission, and the consent of each of the other Defendants;
27 and, each of the Defendants aided and abetted the other Defendants in the acts or
28 omissions alleged in this Complaint.
-2FIRST AMENDED COMPLAINT

Case 5:16-cv-00167-TJH-SP Document 13 Filed 02/01/16 Page 4 of 21 Page ID #:142

JURISDICTION AND VENUE

1
2

15.

This case is a civil action arising under the Trademark Laws of the United

3 States, 15 U.S.C. 1051, et seq., under the California Business and Professions Code
4 17200, et seq., and California Common Law.
5

16.

This Court has subject matter jurisdiction over the claims in this Complaint,

6 which arise under the Trademark Laws ofthe United States, pursuant to 15 U.S.C. 1121
7 and 28 U.S.C. 1338(a), and which involve a federal question, pursuant to
8 28 U.S.C. 1331.
9

17.

This Court has pendent jurisdiction over the claims arising under California

10 law pursuant to 28 U.S.C. 1367(a) because the asserted state claims are substantially
.02 11 related to the claims arising under the Trademark Laws of the United States.
j
4 12 Furthermore, this Court has pendentjurisdiction because both the state and federal claims
is 13 are derived from a common nucleus of operative facts and considerations of judicial
Ei
a14 economy dictate the state and federal issues be consolidated for a single trial.
p4

15

18.

This Court has personal jurisdiction over all Defendants because they reside

16 in California. This Court also has personal jurisdiction over Defendants because
17 Defendants conduct systematic and continuous business within California related to the
1 18 unlawful activities at issue in this Complaint. Defendants continuously and systematically
19 solicit business from and conduct business with California residents using the Internet
20 through one or more fully interactive websites, accepting payments from California
21 residents, delivering infringing services to residents of California and advertising through
22 one or more California companies. In addition, Defendants have undertaken acts of
23 trademark infringement, service mark infringement, false designation of origin, dilution,
24 cybersquatting, and unfair competition that were purposefully directed at California with
25 knowledge that the brunt ofthe injury would be felt by Plaintiffs in California.
26

19.

Venue is proper under 28 U.S.C. 1391.

27
28
-3FIRST AMENDED COMPLAINT

Case 5:16-cv-00167-TJH-SP Document 13 Filed 02/01/16 Page 5 of 21 Page ID #:143

PLAINTIFFS' COACHELLA MUSIC FESTIVAL,

TRADEMARKS AND SERVICE MARKS

20.

Plaintiffs own and produce COACHELLA, one of the country's premier

4 music and arts festivals. Printouts of several news stories about COACHELLA are
5 attached to this Complaint as Exhibit I. The caption from one photograph accompanying
6 a story from CNN reads,"[a]n aerial view taken from a helicopter on Sunday shows how
7 big the [2011] festival is."

21.

Held annually at the 78-acre Empire Polo Club in the beautiful Southern

California desert, COACHELLA is one of the most critically acclaimed music festivals in
the world.
22.

COACHELLA was first held in October 1999 and drew some 25,000

X12 attendees into the California desert in Southern California. Over the years,l both
13 COACHELLA's attendance and its prominence have grown. Attendance to the sold-out
14 COACHELLA festival, aggregated over the multi-day event, is estimated at 600,000
attendees.
23.

For the past several years, tickets to COACHELLA sell out, and for the past

few years typically sell out in about an hour. Printouts of several news stories about
x.18 COACHELLA selling out are attached to this Complaint as Exhibit 2.
419

24.

COACHELLA mixes some of the most groundbreaking artists from all

20 genres of music along with a substantial selection of art installations from all over the
21 world. COACHELLA attracts some ofthe world's biggest mega-stars to perform. The list
22 of artists who have performed include: Beastie Boys, Bjork, Coldplay, Daft Punk,
23 Depeche Mode,Drake, Jane's Addiction, Jay-Z, Kanye West, Madonna, Nine Inch Nails,
24 Oasis, Paul McCartney, Prince, Radiohead, Rage Against the Machine, Red Hot Chili
25 Peppers, Roger Waters, The Cure, The Pixies, and Tool, to list only a very few.
26
27
28 'Coachella was next held in April 2001 and has been held annually thereafter.
-4FIRST AMENDED COMPLAINT

Case 5:16-cv-00167-TJH-SP Document 13 Filed 02/01/16 Page 6 of 21 Page ID #:144

25.

COACHELLA is about more than just music. The festival's venue also

2 includes camping facilities for some 15,000 attendees (complete with a karaoke lounge
3 and a general store), and an amazing selection of food and beverages from a wide range
4 of restaurants. The festival also features an extensive art exhibit which includes many
5 pieces of art(including sculpture and so-called "interactive" art). The music, the food, the
6 art, and of course, the fellowship of other attendees, taken together, makes
7 COACHELLA more than just a concert to attendit truly is an experience.
8

26.

Plaintiffs own and operate COACHELLA's website, available at

9 www.coachella.com. This website has received over 24 million page views in the past
10 year, and as hosted nearly 8 million users in over 11 million sessions Screen captures of

211 Plaintiffs' website,2 available at www.coachella.com, are attached to this Complaint as

12 Exhibit 3.
a,

27. Plaintiffs also produce a mobile app for COACHELLA for use on iPhone /
bJ 13
14 iPad and Android devices. Screen captures of Plaintiffs' app from iTunes and Google are

15 attached to this Complaint as Exhibit 4.

6"

16

28.

Plaintiffs extensively promote their COACHELLA festival through a variety

17 of media, including via the Internet on its website, available at www.coachella.com, and
18 on numerous social media sites including Facebook, Twitter, and Instagram, to list a few.
19 Screen captures of Plaintiffs' Facebook, Twitter, and Instagram accounts are attached to
20 this Complaint as Exhibit 5. As can be seen from Exhibit 5, Plaintiffs' Facebook page has
21 over 1.4 million likes; their Twitter account is being followed by over seven hundred
22 thousand Twitter users; and their Instagram account is being followed by over six
23 hundred thousand Instagram users.
24

29.

Plaintiffs invested over $680,000 dollars last year alone in media and related

25 content to promote COACHELLA.

26
2 Much of the

current website content relates to last year's COACHELLA as this year's

COACHELLA festival, which will be held in April, has not be finalized and/or published
28 on the www.coachella.com website.

27

-5FIRST AMENDED COMPLAINT

Case 5:16-cv-00167-TJH-SP Document 13 Filed 02/01/16 Page 7 of 21 Page ID #:145

30.

An Internet search using the Google search engine for the term

2 "COACHELLA music festive" provided over 1 million hits; a cursory review of the
3 results shows nearly every hit was related to Plaintiffs' festival; and the first search result
4 was to Plaintiffs' www.coachella.com website.
5

31.

Tracked online media impressions (advertisements) for COACHELLA from

6 March 27, 2015 through May 1, 2015 exceeded 60 million impressions.

7

32.

Over 500 credentialed journalists, from print media, radio, television, and

8 the Internet reported live from the 2015 COACHELLA festival. The journalists
9 represented media outlets such as diverse as Time, Billboard, and the BBC.
33.

Plaintiffs own the exclusive trademark and service mark rights to the

distinctive COACHELLA trademark and service mark, having used the mark in
connection with the festival and related goods and services since the first COACHELLA
a,

13 festival in 1999.
114

34.

Similarly, Plaintiffs own the exclusive trademark and service mark rights to

;15 the distinctive COACHELLA (stylized) trademark and service mark, having used the
16 mark in connection with the festival and related goods and services since the first festival
17 in 1999. A copy ofthe design mark is depicted below:

X18
19

CoACHELLA

20

35.

Plaintiffs also own the exclusive trademark rights to the distinctive

21 COACHELLA VALLEY MUSIC AND ARTS FESTIVAL trademark and service mark,
22 having used the mark in connection with the festival and related goods and services since
23 the first festival in 1999.
24

36.

The

COACHELLA, COACHELLA (stylized), and

COACHELLA

25 VALLEY MUSIC AND ARTS FESTIVAL marks are collectively referred to in this
26 Complaint as "the COACHELLA Marks."
27

37.

Since 1999, Plaintiffs' use of the COACHELLA Marks has been extensive,

28 continuous, and substantially exclusive.

-6FIRST AMENDED COMPLAINT

Case 5:16-cv-00167-TJH-SP Document 13 Filed 02/01/16 Page 8 of 21 Page ID #:146

38.

COACHELLA and the COACHELLA Marks have been the subject of

2 extensive newspaper articles, magazine articles, television and Internet news stories. See
3 Exhibits 1-2.
4

39.

Plaintiffs have made, and continue to make, a substantial investment oftime,

5 effort and expense in the production and promotion of COACHELLA and the
6 COACHELLA Marks.
7

40.

The COACHELLA Marks are unique and distinctive and, as such, designate

8 a single source of origin.

9

41.

As a result of Plaintiffs' efforts and use, the COACHELLA Marks have

Cleveland 1Columbus Denver Los Angeles San Francisco

10 come to be recognized by the public and members of the trade as being associated
11 exclusively with Plaintiffs and COACHELLA.
12

42.

Plaintiffs have entered into a very limited number of highly sought-after

13 licenses to use the COACHELLA Marks.

14

43.

Similarly, Plaintiffs have entered into a limited number of official

15 sponsorships of COACHELLA and have been highly selective regarding authorized or

16 permitted use ofthe COACHELLA Marks by third-parties.
17

44.

Plaintiffs expend substantial effort and expense to protect the COACHELLA

18 Marks' distinctiveness in the marketplace. Plaintiffs extensively police unauthorized use

19 of the COACHELLA Marks and have sent countless cease and desist letters, and made
20 countless telephone

calls, to

combat misuse

or

unauthorized

use

of the

21 COACHELLA Marks.
22

45.

Plaintiffs have filed numerous domain name complaints to remedy the

23 registration or use ofidentical or confusingly similar Internet domain names.

24

46.

Based on Plaintiffs' use, including the use described herein, Plaintiffs own

25 extensive common law trademark rights in the COACHELLA Marks.

26

47.

In addition to their extensive common law rights, Plaintiffs own numerous

27 United States registrations for the COACHELLA Marks. Specifically, Plaintiffs own:
28
-7FIRST AMENDED COMPLAINT

Case 5:16-cv-00167-TJH-SP Document 13 Filed 02/01/16 Page 9 of 21 Page ID #:147

a. United

Service

Mark

This

COACHELLA.

15 U.S.C. 1065;

Registration

Registration

is

No. 3,196,119
incontestable

for

under

b. United States Trademark Registration No. 4,270,482 for COACHELLA;

c. United

States

Service

Mark

Registration

No. 3,196,129

for

COACHELLA (stylized). This Registration is incontestable under

15 U.S.C. 1065;
d. United States Trademark Registration No. 4,266,400 for COACHELLA

(stylized);

e. United

10

States

Service

Mark

Registration

No. 3,196,128

for

U11
11

COACHELLA VALLEY MUSIC AND ARTS FESTIVAL. This

212
g 12

Registration is incontestable under 15 U.S.C. 1065;

f. United States Trademark Registration No. 3,965,563 for COACHELLA

13
c,/)

States

VALLEY MUSIC AND ARTS FESTIVAL; and

6-14

g. United States Trademark Registration No. 4,008,651 for COACHELLA

r=4 E 15
!
c 1 16

VALLEY MUSIC AND ARTS FESTIVAL.

I17 The registration certificate for each registration is attached to this Complaint as Exhibit 6.
18

48.

Having been widely promoted to the general public, and having exclusively

19 identified Plaintiffs and their goods and services, the COACHELLA Marks symbolize the
20 tremendous goodwill associated with Plaintiffs and Plaintiffs' festival.
21

49.

The COACHELLA Marks are a property right of incalculable value.

22

50.

The COACHELLA Marks have for many years enjoyed unquestionable

23 fame as a result ofthe favorable general public acceptance and recognition.

24

51.

The

COACHELLA

Marks

are

famous

marks

protected

under

25 15 U.S.C. 1125(c).
DEFENDANTS'BUSINESS

26
27

52.

Defendants operate or intends to operate a music festival named

28 HOODCHELLA.
-8FIRST AMENDED COMPLAINT

Case 5:16-cv-00167-TJH-SP Document 13 Filed 02/01/16 Page 10 of 21 Page ID #:148

53.

Defendants advertise the HOODCHELLA festival on a website available at

2 www.hoodchella.com. Screen captures of the www.hoodchella.com website are attached

3 to this Complainant as Exhibit 7.
4

54.

Defendants also advertise the HOODCHELLA festival through a variety of

5 social media sites including Facebook, Twitter, Instagram, and Splashthat. Screen
6 captures of the HOODCHELLA Facebook, Twitter, Instagram, and Splashthat accounts
7 are attached to this Complaint as Exhibit 8.
8

55.

Defendants also have used HOODCHELLA in the email address

9 hoodchella@gmail.com, and as part of the URL hoodchella.splashthat.com. Both the

10 hoodchella@gmail.com email address and the hoodchella.splashthat.com URL are used

lc 11
312

in connection with the HOODCHELLA festival.

56.

According to the HOODCHELLA Facebook page, as shown in Exhibit 8,

,t is.: 13 the HOODCHELLA festival is scheduled for April 8 April 10, 2016 in Los
<
;-7( 14 Angeles, CA.
44

15

57.

According to the HOODCHELLA Facebook page, the HOODCHELLA

16 festival will include "over 16 hrs. live music, food I drinks j culture & overall a amazing
HI

17 experience." See Exhibit 8 (all errors in original).

X18

58.

The HOODCHELLA Twitter page has over six thousand followers.

.L.`ci 19 See Exhibit 8.

20

59.

According to the HOODCHELLA Twitter page, Defendants have been

21 accepting submissions from musical performers to perform at the HOODCHELLA

22 festival. See Exhibit 8.
23

60.

According to the HOODCHELLA Facebook page, Defendants have invited

24 over four thousand people to the HOODCHELLA festival. See Exhibit 8.

25

61.

In a post to Duncan's personal Twitter account, @bearcapsunday, Duncan

26 states "this year major companies and major press reached out to us [regarding
27 HOODCHELLA]." A screen capture of Duncan's post is attached to this Complaint as
28 Exhibit 9.
-9FIRST AMENDED COMPLAINT

Case 5:16-cv-00167-TJH-SP Document 13 Filed 02/01/16 Page 11 of 21 Page ID #:149

62.

In another post to his personal Twitter account, Duncan states "[the

2 HOODCHELLA festival] received over 3k RSVPs independently and had over 4K

3 [musical performers] submission this year." A screen capture of Duncan's post is
4 attached to this Complaint as Exhibit 10 (all errors in original).
5

63.

In another post to his personal Twitter account, Duncan states "Next year

6 hoodchella will be in NYC." A screen capture of Duncan's post is attached to this

7 Complaint as Exhibit 11.
8

64.

Defendants and Plaintiffs are direct competitors in the music festival

9 industry.
10
c

65.

The HOODCHELLA festival is marketed to the same or similar consumers

11 who attend or would attend COACHELLA. Several Twitter posts by consumers

3 12 regarding these two festivals are attached to this Complaint as Exhibit 12.
13

66.

On or about January 31, 2016, the website lahiphopevents.com advertised

114 the HOODCHELLA festival on its website. A screen capture of the advertisement is
15 attached to this Complaint as Exhibit 13.
16

67.

Defendants are not affiliated with Plaintiffs, or with COACHELLA.

17

68.

Defendants are not licensed to use the COACHELLA Marks.

118

69.

Defendants had constructive notice of Plaintiffs rights in Plaintiffs' federally

19 registered COACHELLA Marks under 15 U.S.C. 1072.

20

70.

HOODCHELLA is similar in sight, sound and meaning to the

21 COACHELLA Marks.
22

71.

Defendants adopted and use HOODCHELLA to market their music festival

23 because it is similar to the COACHELLA Marks.

24

72.

Defendants' use of HOODCHELLA to market their music festival was done

25 with actual knowledge ofthe COACHELLA Marks.

26

73.

On or about December 29, 2015, Plaintiffs' counsel contacted Duncan by

27 email regarding Plaintiffs' rights in the COACHELLA Marks and Defendants' use of
28
-10FIRST AMENDED COMPLAINT

Case 5:16-cv-00167-TJH-SP Document 13 Filed 02/01/16 Page 12 of 21 Page ID #:150

1 HOODCHELLA for their competitive music festival (the "First Cease and
2 Desist Letter"). A copy ofthe email is attached to this Complaint as Exhibit 14.
3

74.

The First Cease and Desist Letter provided actual notice to Defendants of

4 Plaintiffs' rights in the COACHELLA Marks.

5

75.

The First Cease and Desist Letter demanded Defendants cease all use of

6 HOODCHELLA in connection with Defendants' music festival.

7

76.

Defendants ignored the First Cease and Desist Letter and continued

8 advertising and promoting his festival using the HOODCHELLA name.

9

77.

On or about January 6, 2016, Plaintiffs' outside counsel sent a more formal

10 cease and desist letter to Defendants by email and FedEx (the "Second Cease and
c

11 Desist Letter"). A copy of the letter is attached to this Complaint as Exhibit 15. Like the
312 First Cease and Desist Letter, the Second Cease and Desist Letter further explained
X 13 Plaintiffs' rights in the COACHELLA Marks, included proof of ownership of the
114 COACHELLA

Marks, and explained the reasons why Defendants' use of

15 HOODCHELLA for their competitive music festival was likely to cause confusion.
c
16

78.

The Second Cease and Desist Letter also explained that Defendants'

17 registration and use ofthe hoodchella.com domain name constituted cybersquatting.

18

79.

The Second Cease and Desist Letter further explained that Defendants' use

19 of HOODCHELLA within the various social media accounts and as an email address,
20 were also likely to cause confusion.
21

80.

The Second Cease and Desist Letter also demanded Defendants cease all use

22 of HOODCHELLA in connection with Defendants' music festival, and that the

23 hoodchella.com domain name be transferred to Plaintiffs.
24

81.

On or about January 6, 2016, in a post to his personal Twitter account,

25 Duncan stated "@coachella @AEGLiveSW you want hoodchella.com contact me. Big
26 money only ... You know where I live." A screen capture of Duncan's post is attached to
27 this Complaint as Exhibit 16.
28
-11FIRST AMENDED COMPLAINT

Case 5:16-cv-00167-TJH-SP Document 13 Filed 02/01/16 Page 13 of 21 Page ID #:151

82.

A copy of the hoodchella.com domain name ownership information,

2 showing Duncan as the owner, is attached to this Complaint as Exhibit 17.

3

83.

Defendants' continue to advertise and promote the HOODCHELLA festival,

4 even after receipt of the First Cease and Desist Letter and Second Cease and Desist
5 Letter.
HARM TO PLAINTIFFS AND THE GENERAL PUBLIC

6
7

84.

Defendants' unauthorized use ofthe HOODCHELLA creates a likelihood of

8 confusion as to the source, sponsorship, affiliation or endorsement of Defendants' music

9 festival, and is likely to falsely suggest a sponsorship, connection, license, or association
10 of Defendants with Plaintiffs.
c

85.

Defendants' activities have irreparably harmed and, if not enjoined, will

12 continue to irreparably ham'Plaintiffs and the COACHELLA Marks.

7.1

13

86.

Defendants' activities have irreparably harmed, and if not enjoined, will

14 continue to irreparably harm the general public who has an inherent interest in being free
15 from confusion, mistake, and deception.
FIRST CAUSE OF ACTION

16

(Trademark Infringement Under 15 U.S.C. 1114(1))

117
18

87.

Plaintiffs reallege and incorporate by reference each of the allegations

19 contained in Paragraphs 1 through 86 ofthis Complaint as though fully set forth here.
20

88.

Defendants' use in commerce of the COACHELLA Marks and variations

21 thereof is likely to cause confusion, mistake, or to deceive.

22

89.

The above-described acts of Defendants constitute trademark infringement

23 in violation of 15 U.S.C. 1114(1), entitling Plaintiffs to relief.

24

90.

Defendants have unfairly profited from the trademark infringement alleged.

25

91.

By reason of Defendants' acts of trademark infringement, Plaintiffs have

26 suffered damage to the goodwill associated with the COACHELLA Marks.

27
28
-12FIRST AMENDED COMPLAINT

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92.

Defendants' acts of trademark infringement have irreparably harmed and, if

2 not enjoined, will continue to irreparably harm Plaintiffs and their federally registered
3 trademarks.
4

93.

Defendants' acts of trademark infringement have irreparably harmed, and if

5 not enjoined, will continue to irreparably harm the general public who has an interest in
6 being free from confusion, mistake, and deception.
7

94.

By reason of Defendants' acts, Plaintiffs' remedy at law is not adequate to

compensate it for the injuries inflicted by Defendants. Accordingly, Plaintiffs are entitled

9 to entry of a temporary restraining order against Defendants and preliminary and

permanent injunctive relief pursuant to 15 U.S.C. 1116.
95.

By reason of Defendants' willful acts of trademark infringement, Plaintiffs

are entitled to damages, and that those damages be trebled under 15 U.S.C. 1117.
713

96.

This is an exceptional case making Plaintiffs eligible for an award of

14 attorneys' fees under 15 U.S.C. 1117.

SECOND CAUSE OF ACTION

15

(Trademark Infringement and False Designation of Origin

16

Under 15 U.S.C. 1125(a))

17
I18

97.

Plaintiffs reallege and incorporate by reference each of the allegations

contained in Paragraphs 1 through 96 ofthis Complaint as though fully set forth here.
20

98.

Defendants' use in commerce of the COACHELLA Marks and variations

21 thereof is likely to cause confusion, or to cause mistake, or to deceive the relevant public
22 that Defendants' goods or services are authorized, sponsored or approved by or are
23 affiliated with Plaintiffs.
24

99.

The above-described acts of Defendants constitute trademark infringement

25 of the COACHELLA Marks and false designation of origin in violation of

26 15 U.S.C. 1125(a), entitling Plaintiffs to relief.
27

100. Defendants have unfairly profited from the actions alleged.

28
-13FIRST AMENDED COMPLAINT

Case 5:16-cv-00167-TJH-SP Document 13 Filed 02/01/16 Page 15 of 21 Page ID #:153

101. By reason of the above-described acts of Defendants, Plaintiffs have

2 suffered damage to the goodwill associated with the COACHELLA Marks.

3

102. The above-described acts of Defendants have irreparably harmed and, if not

4 enjoined, will continue to irreparably harm Plaintiffs and the COACHELLA Marks.
5

103. The above-described acts of Defendants have irreparably harmed and, if not

6 enjoined, will continue to irreparably harm the general public which has an interest in
7 being free from confusion, mistake, and deception.
8

104. By reason of Defendants' acts, Plaintiffs' remedy at law is not adequate to

9 compensate it for the injuries inflicted by Defendants. Accordingly, Plaintiffs are entitled
to entry of a temporary restraining order against Defendants and preliminary and
permanent injunctive relief pursuant to 15 U.S.C. 1116.
105. Because the above-described acts of Defendants were willful, Plaintiffs are
13 entitled to damages, and that those damages be trebled, under 15 U.S.C. 1117.
cip

114

106. This is an exceptional case making Plaintiffs eligible for an award of

1-4

15 attorneys' fees under 15 U.S.C. 1117.

THIRD CAUSE OF ACTION

16

(Dilution Under 15 U.S.C. 1125(c))

17
X18

107. Plaintiffs reallege and incorporate by reference each of the allegations

'd19 contained in Paragraphs 1 through 106 ofthis Complaint as though fully set forth here.
20

108. Plaintiffs' COACHELLA Marks are famous, as that tenti is used in

21 15 U.S.C. 1125(c), and were famous before Defendants' use of the COACHELLA
22 Marks and variations thereof in commerce, based on, among other things, the inherent
23 distinctiveness and federal registration of the COACHELLA Marks and the extensive,
24 and exclusive nationwide use, advertising, promotion, and recognition of the
25 COACHELLA Marks.
26

109. Defendants' use of the COACHELLA Marks and variations thereof in

27 commerce is likely to cause dilution by blurring or dilution by tarnishment of the

28 COACHELLA Marks.
-14FIRST AMENDED COMPLAINT

Case 5:16-cv-00167-TJH-SP Document 13 Filed 02/01/16 Page 16 of 21 Page ID #:154

110. The above-described acts of Defendants constitute dilution by blurring and

2 dilution by tamishment in violation of 15 U.S.C. 1125(c), entitling Plaintiffs to relief.

3

111. Defendants have unfairly profited from the actions alleged.

112. By reason of Defendants' acts, Plaintiffs have suffered damage to the

5 goodwill associated with the COACHELLA Marks and have suffered and will continue
6 to suffer irreparable harm.
113. By reason of Defendants' acts, Plaintiffs' remedy at law is not adequate to

8 compensate them for the injuries inflicted by Defendants.

114. Accordingly, Plaintiffs are entitled to entry of a temporary restraining order

against Defendants and preliminary and permanent injunctive relief pursuant to

15 U.S.C. 1116.
115. By reason of Defendants' willful acts, Plaintiffs are entitled to damages, and
4 13 that those damages be trebled, under 15 U.S.C. 1117.
14

116. This is an exceptional case making Plaintiffs eligible for an award of

15 attorneys' fees under 15 U.S.C. 1117.

FOURTH CAUSE OF ACTION

16
17
18

(Cybersquatting Under 15 U.S.C. 1125(d))

117. Plaintiffs reallege and incorporate by reference each of the allegations

19 contained in Paragraphs 1 through 116 ofthis Complaint as though fully set forth here.
20

118. Defendants registered, trafficked in or used the hoodchella.com domain

21 name.
22

119. The COACHELLA Marks were distinctive and federally registered at the

23 United States Patent and Trademark Office at the time Defendants registered and used the
24 hoodchella.com domain name.
25

120. The hoodchella.com domain name is confusingly similar to the

26 COACHELLA Marks.
27

121. Defendants registered, trafficked in, or used the hoodchella.com domain

28 name in bad faith and with a bad faith intent to profit from the COACHELLA Marks.
-15FIRST AMENDED COMPLAINT

Case 5:16-cv-00167-TJH-SP Document 13 Filed 02/01/16 Page 17 of 21 Page ID #:155

122. Defendants do not have any intellectual property rights or any other rights in

2 the COACHELLA Marks.

123. The hoodchella.com domain name does not consist of the legal name of any

4 of the Defendants, nor a name that is otherwise commonly used to identify any of the
5 Defendants.
124. Defendants have not made any prior use of any of the hoodchella.com

7 domain name in connection with the bonafide offering of any goods or services.
125. Defendants have not made any bonafide fair use of the the COACHELLA

9 Marks on a website accessible under the hoodchella.com domain name.

126. Defendants registered and used the hoodchella.com domain name to divert

10

consumers from Plaintiffs' www.coachella.com website to a website accessible under the

hoodchella.com domain name for Defendants' commercial gain by creating a likelihood
13 of confusion as to the source, sponsorship, affiliation, or endorsement of his website.
14

127. The

COACHELLA

Marks are famous

within the

meaning

of

15 15 U.S.C. 1125(c).
16

128. The hoodchella.com domain name is identical or confusingly similar to the

17 COACHELLA Marks.
18

129. Defendants' registration, use, or trafficking in the hoodchella.com domain

19 name constitutes cybersquatting in violation of 15 U.S.C. 1125(d), entitling Plaintiffs to

20 relief.
21

130. Defendants engaged in the activities complained of above with a bad faith

22 intent to profit from the registration or maintenance ofthe hoodchella.com domain name.
23

131. By reason of Defendants acts alleged herein, Plaintiffs' remedy at law is not

24 adequate to compensate them for the injuries inflicted by Defendants. Accordingly,

25 Plaintiffs are entitled to preliminary and permanent injunctive relief pursuant to
26 15 U.S.C. 1116.
27

132. By reason of Defendants' acts alleged herein, Plaintiffs are entitled to

28 recover Defendants' profits, actual damages and the costs of the action, or statutory
-16FIRST AMENDED COMPLAINT

Case 5:16-cv-00167-TJH-SP Document 13 Filed 02/01/16 Page 18 of 21 Page ID #:156

1 damages under 15 U.S.C. 1117, on election by Plaintiffs, in an amount of one hundred

2 thousand dollars ($100,000) per domain name infringement.
3

133. This is an exceptional case making Plaintiffs eligible for an award of

4 attorneys' fees under 15 U.S.C. 1117.

5

FIFTH CAUSE OF ACTION

(Violation of California Unfair Competition and Trademark Law)

134. Plaintiffs reallege and incorporate by reference each of the allegations

8 contained in Paragraphs 1 through 133 ofthis Complaint as though fully set forth here.
9

135. Plaintiffs are informed and believe that Defendants are in direct competition

10 with Plaintiffs.
c

136. Defendants' willful, knowing and unauthorized promotion, advertisement,

g12

sale and offering for sale of infringing goods and services causing confusion as to the

13 source of the goods and causing harm to Plaintiffs' goodwill is an unlawful appropriation
14 of Plaintiffs' exclusive rights in the COACHELLA Marks and variations thereof.
15

137. Such acts constitute unfair trade practices and unfair competition under

16 California Business and Professions Code 17200, et seq., and under the common law
17 of the State of California.
118

138. Pursuant to California Business and Professions Code 17203, Defendants

19 are required to disgorge and restore to Plaintiffs all profits and property acquired by
20 means of Defendants' unfair competition with Plaintiff.
21

139. Due to Defendants' conduct, Plaintiffs have suffered and will continue to

22 suffer irreparable hand. It would be difficult to ascertain the amount of money damages
23 that would afford Plaintiffs adequate relief at law for Defendants' acts and continuing
24 acts. Plaintiffs' remedy at law is not adequate to compensate them for the injuries already
25 inflicted and further threatened by Defendants. Accordingly, Plaintiffs are entitled to
26 preliminary and permanent injunctive relief pursuant to California Business and
27 Professions Code 17203.
28

140. Defendants' conduct has been intentional and willful and in conscious
-17FIRST AMENDED COMPLAINT

Case 5:16-cv-00167-TJH-SP Document 13 Filed 02/01/16 Page 19 of 21 Page ID #:157

disregard of Plaintiffs' rights and, therefore, Plaintiffs are entitled to exemplary or

2 punitive damages under the common law of the State of California in an amount
3 appropriate to punish Defendants and to make an example ofthem to the community.
REQUEST FOR RELIEF

4
5

WHEREFORE,Plaintiffs requestjudgment against Defendants as follows:

1.

That the Court enter a judgment against Defendants that Defendants have:
a. Infringed the rights of Plaintiffs in the COACHELLA Marks that have

been federally registered in violation of 15 U.S.C. 1114(1);

b. Infringed the rights of Plaintiffs in the COACHELLA Marks in violation

of 15 U.S.C. 1125(a);
c. Infringed the rights of Plaintiffs in the COACHELLA Marks in violation
of 15 U.S.C. 1125(c);
d. Infringed the rights of Plaintiffs in the COACHELLA Marks in violation

1 13

of 15 U.S.C. 1125(d); and

14
15

e. Engaged in unfair competition and deceptive acts and practices in

16

violation of California Business and Professions Code 17200, et seq.

and California common law.

17
18

2.

That each ofthe above acts was willful.

19

3.

That the Court issue a temporary restraining order, preliminary injunction,

20 and permanent injunction enjoining and restraining Defendants and their agents, servants,
21 employees, successors and assigns, and all other persons acting in concert with or in
22 conspiracy with or affiliated with Defendants,from:
23

a. Engaging in any infringing activity including advertising, promoting,

24

marketing, franchising, selling and offering for sale any goods or services

25

in connection with the COACHELLA Marks or any similar mark,

26

including but not limited to HOODCHELLA.

27
28

b. Engaging in any activity which lessens the distinctiveness or tarnishes the

COACHELLA Marks;
-18FIRST AMENDED COMPLAINT

Case 5:16-cv-00167-TJH-SP Document 13 Filed 02/01/16 Page 20 of 21 Page ID #:158

c. Registering, using or trafficking in any domain name that is identical or

confusingly similar to the COACHELLA Marks;

2
3

d. Engaging in any unfair competition with Plaintiffs; and

e. Engaging in any deceptive acts.

4.

That Plaintiffs be awarded damages for Defendants' trademark infringement

6 and unfair competition and that these damages be trebled due to Defendants' willfulness,
7 in accordance with the provisions of 15 U.S.C. 1117.
8

5.

That Plaintiffs be awarded all profits resulting from Defendants'

9 infringement of Plaintiffs' rights and by means of Defendants' unfair competition with

Plaintiffs.
6.

That Defendants be ordered to account for and disgorge to Plaintiffs all

amounts by which Defendants have been unjustly enriched by reason ofthe unlawful acts
13 complained of.
14

7.

That Plaintiffs be awarded $100,000 in statutory damages by reason of

;15 Defendants' cybersquatting in accordance with the provisions of 15 U.S.C. 1117;

16

8.

That Plaintiffs be awarded an amount sufficient to reimburse Plaintiffs for

17 the costs of corrective advertising.

18
c., 19

9.

For prejudgment interest on all infringement damages.

10.

That the Court award Plaintiffs their reasonable attorneys' fees pursuant to

20 15 U.S.C. 1117, 17 U.S.C. 505, California law, and any other applicable provision
21 oflaw.
22

11.

That the Court award Plaintiffs their costs of suit incurred herein.

23

12.

For such other or further relief as the Court may deem just and proper.

24
25
26
27
28

Dated: February 1, 2016

Tucker Ellis LLP

By: /s/David J. Steele
David J. Steele
Howard A. Kroll
Attorneys for Plaintiffs
Coachella Music Festival, LLC
Goldenvoice, LLC
-19FIRST AMENDED COMPLAINT

Case 5:16-cv-00167-TJH-SP Document 13 Filed 02/01/16 Page 21 of 21 Page ID #:159

1
2

DEMAND FOR TRIAL BY JURY

Plaintiffs Coachella Music Festival, LLC and Goldenvoice, LLC hereby demand a

3 trial by jury to decide all issues so triable in this case.

4
5 Dated: February 1, 2016
6
7

Tucker Ellis LLP

By: /s/David J. Steele
David J. Steele
Howard A. Kroll

Attorneys for Plaintiffs

Coachella Music Festival, LLC
Goldenvoice, LLC

9
10
.Yic 11
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12
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13

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15
16
117
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19
20
21
22
23
24
25
26
27
28
-20FIRST AMENDED COMPLAINT