Travelocity V QVC

Case 3:11-cv-00006-M Document 1 Filed 01/03/11 Page 1 of 24 PageID 1
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
TRAVELOCITY.COM, LP
Plaintiff,
Civil Action No._______________________

v.
QVC, INC., AND SHRI KRISHNA

ENTERPRISES D/B/A SK
ENTERPRISES,
Defendants.
ORIGINAL COMPLAINT
Plaintiff Travelocity.com, LP (hereinafter referred to as “Travelocity”), through
its undersigned counsel, Fish & Richardson P.C., hereby files this Original Complaint
requesting damages and injunctive relief, and upon personal knowledge as to its own acts
and circumstances, and upon information and belief as to the acts and circumstances of
others, alleges as follows:
Nature of the Action
1. This is an action for trademark and trade dress infringement,
counterfeiting, false designation of origin and false advertising, and trademark dilution
under the Lanham Act (15 U.S.C. §§ 1114, 1116, 1117, 1125(a), (c), and (d)); copyright
infringement under the United States Copyright Act (17 U.S.C. § 501 et seq.); injury to
business reputation and trademark dilution under Section 16.29 of the Texas Business
and Commerce Code (“T.B.C.C.”); and trademark infringement, unfair competition and
unjust enrichment under the common law of the State of Texas.
Original Complaint – Page 1

Jurisdiction and Venue
2. Jurisdiction over the parties and subject matter of this action is proper in
this Court pursuant to 15 U.S.C. § 1121 (actions arising under the Lanham Act), 28
U.S.C. § 1331 (actions arising under the laws of the United States), 28 U.S.C. § 1332(a)
(diversity of citizenship between the parties), and § 1338(a) (actions arising under an Act
of Congress relating to copyrights and trademarks). This Court has supplemental
jurisdiction over the claims in this Complaint that arise under state statutory and common
law pursuant to 28 U.S.C. § 1367(a).
3. This Court has personal jurisdiction over the Defendants because they do
business and/or reside in the State of Texas.
4. Venue is properly founded in this judicial district pursuant to 28 U.S.C.
§§ 1391(b) and (c) and 1400 (b) because Defendants reside in this District, may be found
in this District, and/or a substantial part of the events giving rise to the claims in this
action occurred within this District.
Parties
5. Plaintiff Travelocity is a limited partnership duly organized and existing
under the laws of the State of Delaware, with its principal place of business in Southlake,
Texas.
6. Upon information and belief, Defendant QVC, Inc. (“QVC”) is a
corporation duly organized and existing under the laws of the State of Delaware and
located at 1200 Wilson Dr., West Chester, PA 19380. Defendant QVC has its principal
place of business at 1200 Wilson Drive, West Chester, PA 19380. Defendant may be
served through its registered agent Corporation Service Company, 2711 Centerville
Road, Suite 400, Wilmington DE 19808.

7. Upon information and belief, Defendant Shri Krishna Enterprises d/b/a SK
Enterprises (“SK Enterprises”) is a corporation duly organized and existing under the
laws of the State of New York and located at 87 Taft Ave., Newburgh, NY 12250.
Defendant SK Enterprises has its principal place of business at 87 Taft Ave., Newburgh,
NY 12250. Defendant may be served at 87 Taft Ave., Newburgh, NY 12250. (The
defendants QVC, Inc. and SK Enterprises are collectively referred to as “Defendants.”)
8. Plaintiff is informed and believes, and based thereon alleges, that at all
relevant times herein, Defendants knew or reasonably should have known of the acts and
behavior alleged herein and the damages caused thereby, and by their inaction ratified
and encouraged such acts and behavior. Plaintiff further alleges that Defendants have a
non-delegable duty to prevent or cause such acts and the behavior described herein,
which duty Defendants failed and/or refused to perform.
9. At all relevant times, QVC personally participated in and/or had the ability
and right to supervise, direct, and control the infringing activities alleged in this
Complaint. Upon information and belief, Defendants QVC derived direct financial
benefits from the infringing activities alleged in this Complaint.
The World Famous Travelocity Roaming Gnome
10. Travelocity has used a variety of legally-protected trademarks, trade
dresses, and design elements/copyrights for many years on and in connection with the
advertisement and sale of its products and services, including those detailed in paragraphs
11-19 of this Complaint (together, the "Travelocity Mark").
11. Travelocity is one of the largest travel companies in the world with annual
gross bookings of more than U.S. $10 billion. Beginning in January 2004, Travelocity
first adopted the feature the TRAVELOCITY ROAMING GNOME in its advertisement
campaigns. Since that date, Travelocity has continued to feature the TRAVELOCITY
ROAMING GNOME in all its major advertising campaigns, including TV, radio, print
media, and the Internet. Through substantial advertising promotion and use, including
national advertising, the TRAVELOCITY ROAMING GNOME mark and character have
become famous, and are assets of substantial value to Travelocity.
12. Travelocity has expended substantial time, money, and other resources in
developing, advertising, and otherwise promoting the Travelocity Mark. As a result,
products and services bearing the Travelocity Mark is widely recognized and exclusively
associated by consumers, the public, and the trade as being high quality products and
services sourced from Travelocity, and have acquired strong secondary meaning.
Travelocity products and services have also become among the most popular in the
world, with Travelocity’s annual global gross bookings currently exceeding ten billion
dollars. Travelocity continues to invest substantial sums in promoting its products and
services and services offered under the Travelocity Mark.
The Travelocity Trademark
13. Travelocity is the owner of the following United States Federal Trademark
Registration (hereinafter collectively referred to as the “Travelocity Trademark”):
Registration Mark Classes Date of Image

No. Registration
3,701,762 The Roaming Gnome 5, 9, 16, 18, 20, 21, 25, October 27, 2009
Design 28, 41, and 42

14. This registration is valid, subsisting, in full force and effect, and has
become incontestable pursuant to 15 U.S.C. § 1065.
15. The registration of the mark constitutes prima facie evidence of its validity
and conclusive evidence of Travelocity’s exclusive right to use the Travelocity
Trademark in connection with the goods identified therein and other commercial goods.
16. The registration of the marks also provides sufficient notice to Defendants
of Travelocity’s ownership and exclusive rights in the Travelocity Trademark.
17. The Travelocity Trademark qualifies as a famous mark, as that term is
used in 15 U.S.C. § 1125 (c)(1).
18. The Travelocity Trademark has been continuously used and has never
been abandoned.
19. As a result of extensive use and promotion, the Travelocity Trademark has
acquired a favorable reputation to consumers as an identifier and symbol of Travelocity
and its products, services, and goodwill. Accordingly, Travelocity is the owner of broad
common-law and federal trademark rights in the Travelocity Trademark.
The Travelocity Trade Dress
20. Travelocity is the owner of a variety of unique and distinctive trade
dresses consisting of a combination of one or more features, including sizes, shapes,
colors, designs, and other non-functional elements of the Travelocity Gnome comprising
the overall look and feel incorporated into Travelocity Trademark (the “Travelocity
Trade Dress”).
21. Consumers immediately identify Travelocity as the single source of high
quality products and services bearing the Travelocity Trade Dress.

22. The Travelocity Trade Dress associated with Travelocity products and
services is independent of the functional aspects of Travelocity products and services.
23. Travelocity has employed the Travelocity Trade Dress associated with its
products and services exclusively and without interruption, and the Travelocity Trade
Dress has never been abandoned.
The Travelocity Copyright
24. Many of the decorative and artistic combinations of the design elements
present on Travelocity products and services are independently protected works under the
United States Copyright Laws. These design elements are wholly original works and
fixed in various tangible products and services and media, thereby qualifying as
copyrightable subject matter under the United States Copyright Act, 17 U.S.C. Sections
101 et seq. (hereinafter referred to as the “Travelocity Design Element”).
25. Travelocity also has a valid copyright registration with the Copyright
Office for its Design Elements, including the TRAVELOCITY ROAMING GNOME,
with registration number VA0001383181.
26. At all times relevant hereto, Travelocity has been the sole owner and
proprietor of all rights, title, and interest in and to the copyrights in the Travelocity
Design Elements used on Travelocity products and services, and such copyrights are
valid, subsisting and in full force and effect.
Defendants’ Acts of Infringement and Unfair Competition
27. Upon information and belief, Defendants are engaged in designing,
manufacturing, advertising, promoting, distributing, selling, and/or offering for sale
products bearing source-identifying indicia and design elements that are studied
imitations of the Travelocity Trademark, the Travelocity Trade Dress, and the

Travelocity Design Elements (hereinafter referred to as the “Counterfeit Products”).
Defendants’ specific conduct includes, among other things:
28. Travelocity offers for sale and sells its TRAVELOCITY ROAMING
GNOME on the QVC shopping channel and website. This original Gnome is described
as “Travelocity 13” Roaming Gnome Garden Statue” and offered at $24.12 plus $5.97 for
shipping and handling. This original Gnome consists of several design elements and
characteristics, including a depiction of a Gnome standing with its hands in the jacket
pockets, with a red pointed hat, white beard and hair, blue jacket fixed by a black belt
with gold buckle, black pants and boots standing upon a tan rock. Below is a copy this
original Travelocity Gnome:
29. Defendants offer a counterfeit version of the TRAVELOCIY ROAMING
GNOME on the QVC shopping channel and website as an enticement to attract potential
customers to their businesses.

30. On or about April 2010, Travelocity learned that Defendants were offering
for sale and selling Counterfeit Products on the QVC shopping channel and website. The
Counterfeit Products are identified as a “Solar Powered 13” Decorative Garden Gnome”
and offered for $22.00 plus $5.97 in shipping and handling. The Defendants’ Counterfeit
Product infringes the Travelocity Brand, the Travelocity Trademark, the Travelocity
Trade Dress, and the Travelocity Design Elements, including colors, clothing, facial hair,
pose, and base. Indeed, just like the TRAVELOCIY ROAMING GNOME, Defendants’
Counterfeit Product consists of the depiction of a Gnome standing with its hands in the
jacket pockets, with a red pointed hat, white beard and hair, blue jacket fixed by a black
belt with a gold buckle, black pants and boots standing upon a tan rock. Below is a copy
of the Defendants’ counterfeit Gnome:
31. These acts are already causing confusion in the marketplace and harm to
Travelocity’s goodwill in its Travelocity Trademark, the Travelocity Trade Dress, and the

Travelocity Design Elements. For example, one customer on the QVC website states
about the Counterfeit Products, “He looks just [like] the Travelocity Gnome….” Worse,
other customers complain about the poor quality and workmanship of the Counterfeit
Products. As one customer that bought two Counterfeit Products states, “[T]hey don’t
work” and as another frustrated customer complained, “I am sorry that I wasted my time
and he went back.”
32. Defendant SK Enterprises is not, and never has been, an authorized
retailer of Travelocity products or services. Further, Defendants are not, and never have
been authorized by Travelocity to distribute the Counterfeit Products.
33. Defendant SK Enterprises contributes to these infringing acts by
manufacturing, importing, offering, selling and providing to Defendant QVC the
Counterfeit Products, at a minimum.
34. On April 12, 2010, Travelocity sent a letter to Defendant SK Enterprises
notifying it that the Counterfeit Products infringed the Travelocity Trademark, the
Travelocity Trade Dress, and the Travelocity Design Elements and demanding that it
immediately cease and desist all further manufacture, sale, promotion, or other use of the
counterfeit goods or any other products that are identical in appearance and to destroy all
remaining inventory. A true and correct copy of this letter is attached as Exhibit A.
Defendant SK Enterprises never responded to this letter and instead continued to
manufacture, sale, import and offer the counterfeit products on the QVC shopping
channel and website.

35. Defendant QVC contributes to these infringing acts by allowing
Defendant SK Enterprises to display and distribute the Counterfeit Products on its
shopping channel and website and profiting from the sale of each Counterfeit Product.
36. On May 3, 2010, Travelocity sent a letter to Defendant QVC notifying it
that the counterfeit Gnome infringed the Travelocity Trademark, the Travelocity Trade
Dress, and the Travelocity Design Elements. A true and correct copy of this letter is
attached as Exhibit B. Defendant QVC never responded to this letter and instead
continued to advertise and sale the Counterfeit Products on the QVC shopping channel
and website.
37. QVC was aware, or should have been aware, or was willfully blind of
these infringing activities. Further, QVC had an obligation and ability to control and stop
these infringements, but failed to do so. Indeed, QVC did not want the infringement to
stop as, upon information and belief, it received direct financial benefits from the
infringement. These acts and failure to act by QVC materially contributed to the
infringement.
38. Defendants are well aware of the extraordinary fame and strength of the
Travelocity brand, the Travelocity Trademark, the Travelocity Trade Dress, and the
Travelocity Design Elements, and the incalculable goodwill associated therewith.
39. Defendants have no license, authority, or other permission from
Travelocity to use any of the Travelocity Trademark, Travelocity Trade Dresses, or the
Travelocity Design Elements in connection with the designing, manufacturing,
advertising, promoting, distributing, selling, and/or offering for sale of the Counterfeit
Products.

40. Defendants have been engaging in the above-described illegal
counterfeiting and infringing activities knowingly and intentionally or with reckless
disregard or willful blindness to Travelocity’s rights, or with bad faith, for the purpose of
trading on the goodwill and reputation of Travelocity, its marks and products and
services.
41. Defendants’ activities, as described above, are likely to create a false
impression and deceive consumers, the public, and the trade into believing that there is a
connection or association between the Counterfeit Products and Travelocity.
42. Upon information and belief, Defendants intend to continue to design,
manufacture, advertise, promote, import, distribute, sell, and/or offer for sale the
Counterfeit Products, unless otherwise restrained.
43. Travelocity is suffering irreparable injury, has suffered substantial
damages as a result of Defendants’ activities, and has no adequate remedy at law.
COUNT I
(Trademark Counterfeiting, 15 U.S.C. § 1114)
44. Travelocity repeats and realleges the allegations set forth in paragraphs 1-
43.
45. Defendants, without authorization from Travelocity, have used and are
continuing to use spurious designations that are identical to, or substantially
indistinguishable from, the Travelocity’s Trademark.
46. The foregoing acts of Defendants are intended to cause, have caused, and
are likely to continue to cause confusion or mistake, or to deceive consumers, the public,
and the trade into believing that Defendants’ Counterfeit Products are genuine or
authorized products and services of Travelocity.

47. Upon information and belief, Defendants have acted with knowledge of
Travelocity’s ownership of the Travelocity Trademark and with deliberate intention or
willful blindness to unfairly benefit from the incalculable goodwill inherent in the
Travelocity Marks.
48. Defendants’ acts constitute trademark counterfeiting in violation of
Section 32 of the Lanham Act (15 U.S.C. § 1114).
49. Upon information and belief, Defendants have made and will continue to
make substantial profits and gains to which they are not in law or equity entitled.
50. Upon information and belief, Defendants intend to continue their
infringing acts, unless restrained by this Court.
51. Defendants’ acts have damaged and will continue to damage Travelocity,
and Travelocity has no adequate remedy at law.
COUNT II
(Trademark Infringement, 15 U.S.C. § 1114)
51.
continuing to use spurious designations that are confusingly similar to Travelocity’s
Trademark.
are likely to continue to cause confusion, mistake, and deception among consumers, the
public, and the trade as to whether Defendants’ Counterfeit Products originate from, or
are affiliated with, sponsored by, or endorsed by Travelocity.

willful blindness to unfairly benefit from the incalculable goodwill symbolized thereby.
56. Defendants’ acts constitute trademark infringement in violation of Section
32 of the Lanham Act (15 U.S.C. § 1114).
COUNT III
(Trade Dress Infringement, 15 U.S.C. § 1125(a))
57.
61. The Travelocity Trade Dresses are used in commerce, non-functional,
inherently distinctive, and have acquired secondary meaning in the marketplace.
62. Upon information and belief, Defendants, without authorization from
Travelocity, have designed, manufactured, advertised, promoted, distributed, sold, and/or
offered for sale, and/or are causing to be designed, manufactured, advertised, promoted,
distributed, sold, and/or offered for sale, products which contain a collection of design
elements that is confusingly similar to the Travelocity Trade Dresses.
public, and the trade who recognize and associate the Travelocity Trade Dresses with
Travelocity. Moreover, Defendants’ conduct is likely to cause confusion, to cause
mistake, or to deceive consumers, the public, and the trade as to the source of the
Counterfeit Products, or as to a possible affiliation, connection or association between
Travelocity, the Defendants, and the Counterfeit Products.
Travelocity’s ownership of the Travelocity Trade Dresses and with deliberate intention or
65. Defendants’ acts constitute trade dress infringement in violation of Section
43(a) of the Lanham Act (15 U.S.C. § 1125(a)).
COUNT IV
(False Designation of Origin and False Advertising, 15 U.S.C. § 1125(a))
68.
70. Defendants’ promotion, advertising, distribution, sale, and/or offering for
sale of the Counterfeit Products, together with Defendants’ use of other indicia associated
with Travelocity is intended, and is likely to confuse, mislead, or deceive consumers, the
public, and the trade as to the origin, source, sponsorship, or affiliation of the Counterfeit

Products, and is intended, and is likely to cause such parties to believe in error that the
Counterfeit Products have been authorized, sponsored, approved, endorsed or licensed by
Travelocity, or that Defendants are in some way affiliated with Travelocity.
71. The foregoing acts of Defendants constitute a false designation of origin,
and false and misleading descriptions and representations of fact, all in violation of
Section 43(a) of the Lanham Act (15 U.S.C. § 1125(a)).
COUNT V
(Trademark Dilution, 15 U.S.C. § 1125(c))
74.
76. The Travelocity Trademark is a strong and distinctive mark that has been
in use for many years and has achieved enormous and widespread public recognition.
77. The Travelocity Trademark is famous within the meaning of Section 43(c)
of the Lanham Act (15 U.S.C. § 1125(c)).
78. Defendants’ use of the mark for its Counterfeit Products, without
authorization from Travelocity, is diluting the distinctive quality of the Travelocity
Trademark and decreasing the capacity of such mark to identify and distinguish
Travelocity products and services.

79. Defendants have intentionally and willfully diluted the distinctive quality
of the famous Travelocity Trademark in violation of Section 43(c) of the Lanham Act (15
U.S.C. § 1125(c)).
COUNT VI
(Copyright Infringement, 17 U.S.C. § 501)
82.
84. Many of the Travelocity Design Elements contain decorative and artistic
combinations that are protected under the United States Copyright Act (17 U.S.C. § 101
et seq.).
85. Travelocity complied in all respects with the Copyright Act, 17 U.S.C.
§101 et seq., and with all other laws governing copyrights. Travelocity has a valid,
registered copyright in the Travelocity Gnome design. Since registering its copyright
design, Travelocity has been the sole proprietor of all rights, title, and interest in and to
the copyright. (17 U.S.C. § 106).
86. Upon information and belief, Defendants had access to and copied the
Travelocity Gnome and Travelocity Design Elements present on Travelocity products
and services.

87. Defendants intentionally infringed Travelocity’s copyrights in the
Travelocity Gnome design and other Design Elements present on Travelocity products
and services by creating and distributing the Counterfeit Products, which incorporate
elements substantially similar to the copyrightable matter present in the Travelocity
Gnome and Design Elements present on Travelocity products and services, without
Travelocity’s consent or authorization.
88. Defendants have infringed Travelocity’s copyrights in violation of 17
U.S.C. § 501 et seq.
COUNT VII
(Common Law Trademark Infringement)
91.
93. Travelocity owns all rights, title, and interest in and to the Travelocity
Trademark, including all common law rights in such marks.
continuing to use spurious designations that are confusingly similar to the Travelocity
Trademark.

public, and the trade as to whether Defendants’ Counterfeit Products originate from, or
are affiliated with, sponsored by, or endorsed by Travelocity.
97. Defendants’ acts constitute trademark infringement in violation of the
common law of the State of Texas.
COUNT VIII
(Injury to Business Reputation and Trademark Dilution, § 16.29 T.B.C.C.)
100.
102. The Travelocity Trademark is a strong and distinctive mark that has been
in use for many years and has achieved enormous and widespread public recognition.
103. Through prominent, long, and continuous use in commerce, including
commerce within the State of Texas, the Travelocity Trademark has become and
continues to be famous and distinctive.

104. Defendants’ use of the mark on the Counterfeit Products, without
authorization from Travelocity, is diluting the distinctive quality of the Travelocity
Trademark and decreasing the capacity of such marks to identify and distinguish
Travelocity products and services and has caused a likelihood of harm to Travelocity’s
business reputation.
105. Based on the foregoing acts, Defendants have diluted the distinctive
quality of the famous Travelocity Trademark in violation of Section 16.29 of the Texas
Business and Commerce Code.
106. The foregoing acts of Defendants also constitute injury to Travelocity’s
business reputation in violation of Section 16.29 of the Texas Business and Commerce
Code.
COUNT IX
(Common Law Unfair Competition)
109.
111. The foregoing acts of Defendants permit Defendants to use and benefit
from the goodwill and reputation earned by Travelocity and to obtain a ready customer
acceptance of Defendants’ products, and constitute unfair competition, palming off, and

misappropriation in violation of Texas common law, for which Travelocity is entitled to
recover any and all remedies provided by such common law.
COUNT X
(Common Law Unjust Enrichment)
114.
116. By reason of the foregoing, Defendants have unjustly enriched
themselves, and continue to do so, in an unknown amount.
117. Travelocity is entitled to just compensation under the common law of the
State of Texas.
COUNT XI
(Attorney Fees)
117.
119. Travelocity is entitled to an award of attorney fees and costs under 17
U.S.C. § 505.
120. Travelocity is also entitled to an award of attorney fees and costs under 15
U.S.C. § 1117(a).
CONDITIONS PRECEDENT
121. All conditions precedent have been performed or have occurred. (FED. R.
CIV. P. 9(c)).
PRAYER
WHEREFORE, Travelocity respectfully requests that this Court enter judgment
against Defendants as follows:
A. Finding that: (i) Defendants have violated Section 32 of the Lanham Act
(15 U.S.C. § 1114); Section 43(a) of the Lanham Act (15 U.S.C. § 1125(a)); Section
43(c) of the Lanham Act (15 U.S.C. § 1125(c)); and Section 43(d) of the Lanham Act (15
U.S.C. § 1125(d)); (ii) Defendants have violated Section 501 of the Copyright Act of
1976 (17 U.S.C. § 501); (iii) Defendants have injured Travelocity’s business reputation
and diluted the Travelocity Trademark in violation of § 16.29 of the T.B.C.C.; (iv)
Defendants have engaged in trademark infringement and unfair competition under the
common law of Texas; and (v) Defendants have been unjustly enriched in violation of
Texas common law.
B. Granting an injunction, pursuant to Rule 65 of the Federal Rules of Civil
Procedure, 15 U.S.C. § 1116, 17 U.S.C. § 502, and § 16.29 T.B.C.C, preliminarily and
permanently restraining and enjoining Defendants, their officers, agents, employees, and
attorneys, and all those persons or entities in active concert or participation with them
from:
1. manufacturing, importing, advertising, marketing, promoting,
supplying, distributing, offering for sale, or selling any products which bear the
Travelocity Trademark, the Travelocity Trade Dresses, and/or the Travelocity Design
Elements, or any other mark or design element substantially similar or confusing thereto,
including, without limitation, the Counterfeit Products, and engaging in any other activity
constituting an infringement of any of Travelocity’s rights in the Travelocity Trademark,
the Travelocity Trade Dresses, and/or the Travelocity Design Elements;
2. engaging in any other activity constituting unfair competition with
Travelocity, or acts and practices that deceive consumers, the public, and/or trade,
including without limitation, the use of designations and design elements associated with
Travelocity; and
3. engaging in any other activity that will cause the distinctiveness of the
Travelocity Trademark or Travelocity Trade Dresses to be diluted.
C. Requiring Defendants to recall from any distributors and retailers and to
deliver to Travelocity for destruction or other disposition all remaining inventory of all
Counterfeit Products, including all advertisements, promotional and marketing materials
therefore, as well as means of making same;
D. Requiring Defendants to file with this Court and serve on Travelocity
within thirty days after entry of the injunction a report in writing under oath setting forth
in detail the manner and form in which Defendants have complied with the injunction;
E. Directing such other relief as the Court may deem appropriate to prevent
consumers, the public, and/or the trade from deriving any erroneous impression that any
product at issue in this action that has been manufactured, imported, advertised,
marketed, promoted, supplied, distributed, offered for sale, or sold by Defendants, has
been authorized by Travelocity, or is related in any way with Travelocity and/or its
products and services;
F. Awarding Travelocity statutory damages of $2,000,000 per counterfeit
mark per type of good in accordance with Section 35 of the Lanham Act (15 U.S.C. §

1117) or alternatively, ordering Defendants to account to and pay to Travelocity all
profits realized by their wrongful acts and also awarding Travelocity its actual damages,
and also directing that such profits or actual damages be trebled, in accordance with
Section 35 of the Lanham Act (15 U.S.C. § 1117);
G. Awarding Travelocity statutory damages or in the alternative its actual
damages suffered as a result of the copyright infringement, and any profits of Defendants
not taken into account in computing the actual damages, pursuant to 17 U.S.C. § 504;
H. Awarding Travelocity actual and punitive damages to which it is entitled
under applicable federal and state laws;
I. Awarding Travelocity its costs, attorney’s fees, investigatory fees, and
expenses to the full extent provided by Section 35 of the Lanham Act (15 U.S.C. § 1117)
and Section 505 of the Copyright Act of 1976 (17 U.S.C. § 505);
J. Awarding Travelocity pre-judgment interest on any monetary award made
part of the judgment against Defendant; and
K. Awarding Travelocity such additional and further relief as the Court
deems just and proper.

Dated: January 3, 2011 Respectfully submitted,
FISH & RICHARDSON P.C.
By: /s/ Victor C. Johnson

Victor C. Johnson
vjohnson@fr.com
Texas Bar No. 24029640
Natalie L. Arbaugh
nla@fr.com
Texas Bar No. 24033378
1717 Main Street, Suite 5000

Dallas, Texas 75201
(214) 747-5070
(214) 747-2091 - facsimile
COUNSEL FOR PLAINTIFF

TRAVELOCITY.COM, LP

Case 3:11-cv-00006-M Document 1-1 Filed 01/03/11 Page 1 of 11 PageID 25
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OJS 44 (TXND Rev. 2/10) CIVIL COVER SHEET
The 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
provided by 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
initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
I. (a) PLAINTIFFS DEFENDANTS

TRAVELOCITY.COM, LP QVC, INC. AND SHRI KRISHNA ENTERPRISES d/b/a SK
ENTERPRISES
(b) County of Residence of First Listed Plaintiff Tarrant 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) Attorney’s (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Victor C. Johnson, Fish & Richardson P.C., 1717 Main St., Suite 5000,
Dallas, TX 75201 (214-747-5070)
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(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
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of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
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’ 120 Marine ’ 310 Airplane ’ 362 Personal Injury - ’ 620 Other Food & Drug ’ 423 Withdrawal ’ 410 Antitrust
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’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Product Liability ’ 630 Liquor Laws PROPERTY RIGHTS ’ 460 Deportation
& Enforcement of Judgment Slander ’ 368 Asbestos Personal ’ 640 R.R. & Truck ’ 820 Copyrights ’ 470 Racketeer Influenced and
’ 151 Medicare Act ’ 330 Federal Employers’ Injury Product ’ 650 Airline Regs. ’ 830 Patent Corrupt Organizations
’ 152 Recovery of Defaulted Liability Liability ’ 660 Occupational ’ 840 Trademark ’ 480 Consumer Credit
Student Loans ’ 340 Marine PERSONAL PROPERTY Safety/Health ’ 490 Cable/Sat TV
(Excl. Veterans) ’ 345 Marine Product ’ 370 Other Fraud ’ 690 Other ’ 810 Selective Service
’ 153 Recovery of Overpayment Liability ’ 371 Truth in Lending LABOR SOCIAL SECURITY ’ 850 Securities/Commodities/
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 380 Other Personal ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) Exchange
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle Property Damage Act ’ 862 Black Lung (923) ’ 875 Customer Challenge
’ 190 Other Contract Product Liability ’ 385 Property Damage ’ 720 Labor/Mgmt. Relations ’ 863 DIWC/DIWW (405(g)) 12 USC 3410
’ 195 Contract Product Liability ’ 360 Other Personal Product Liability ’ 730 Labor/Mgmt.Reporting ’ 864 SSID Title XVI ’ 890 Other Statutory Actions
’ 196 Franchise Injury & Disclosure Act ’ 865 RSI (405(g)) ’ 891 Agricultural Acts
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 740 Railway Labor Act FEDERAL TAX SUITS ’ 892 Economic Stabilization Act
’ 210 Land Condemnation ’ 441 Voting ’ 510 Motions to Vacate ’ 790 Other Labor Litigation ’ 870 Taxes (U.S. Plaintiff ’ 893 Environmental Matters
’ 220 Foreclosure ’ 442 Employment Sentence ’ 791 Empl. Ret. Inc. or Defendant) ’ 894 Energy Allocation Act
’ 230 Rent Lease & Ejectment ’ 443 Housing/ Habeas Corpus: Security Act ’ 871 IRS—Third Party ’ 895 Freedom of Information
’ 240 Torts to Land Accommodations ’ 530 General 26 USC 7609 Act
’ 245 Tort Product Liability ’ 444 Welfare ’ 535 Death Penalty IMMIGRATION ’ 900Appeal of Fee Determination
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 462 Naturalization Application Under Equal Access
Employment ’ 550 Civil Rights ’ 463 Habeas Corpus - to Justice
’ 446 Amer. w/Disabilities - ’ 555 Prison Condition Alien Detainee ’ 950 Constitutionality of
Other ’ 465 Other Immigration State Statutes
’ 440 Other Civil Rights Actions
V. ORIGIN (Place an “X” in One Box Only) Appeal to District

’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from
another district ’ 6 Multidistrict ’ 7 Judge from
Magistrate
Proceeding State Court Appellate Court Reopened Litigation
(specify) Judgment
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
VI. CAUSE OF ACTION Brief description of cause:
Trademark and trade dress infringement, counterfeiting, false designation of origin and false advertising.
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER F.R.C.P. 23 JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S) (See instructions)
PENDING OR CLOSED:
JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD

01/03/2011 /s/ Victor C. Johnson
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
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Case 3:11-cv-00006-M Document 1-3
JS 44 Reverse (TXND Rev. 2/10)
Filed 01/03/11 Page 2 of 2 PageID 40
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet

The JS 44 civil cover sheet and theinformation contained herein neither replaces nor supplements the filings and service of pleading or other papers as required
by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United Statesin September 1974, is required for the use
of 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
complaint filed. The attorney filing a case should complete the form as follows:
I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only
the 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,
giving both 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 the time
of 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 cases,
the 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, noting
in this section “(see attachment).”
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), Fed. R. Civ. P., which requires that jurisdictions be shown in pleadings. Place an “X” in
one of 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.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the
Constitution, 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, and box
1 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 citizenship of the
different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. 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
sufficient to 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, select the 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.
Removed 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 petition
for removal is granted, check this box.
Remanded 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.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred 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 multidistrict
litigation 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 this box
is checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s 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
statutes unless 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, Fed. R. Civ. P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand, such as a preliminary injunction.
Jury 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 cases that are related to this filing, if any. If a related case exists, whether pending or closed,
insert the docket numbers and the corresponding judge names for such cases. A case is “related” to this filing if the case: (1) involves some or all of the same
parties and is based on the same or similar claim; (2) involves the same property, transaction, or event; (3) involves substantially similar issues of law and fact;
and/or (4) involves the same estate in a bankruptcy appeal.
Date and Attorney Signature. Date and sign the civil cover sheet.

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Case 3:11-cv-00006-M Document 1 Filed 01/03/11 Page 1 of 24 PageID 1

UNITED STATES DISTRICT COURT

Civil Action No._______________________

QVC, INC., AND SHRI KRISHNA

Plaintiff Travelocity.com, LP (hereinafter referred to as “Travelocity”), through

others, alleges as follows:

Nature of the Action

1. This is an action for trademark and trade dress infringement,

unjust enrichment under the common law of the State of Texas.

Original Complaint – Page 1

Jurisdiction and Venue

of Congress relating to copyrights and trademarks). This Court has supplemental

law pursuant to 28 U.S.C. § 1367(a).

business and/or reside in the State of Texas.

4. Venue is properly founded in this judicial district pursuant to 28 U.S.C.

action occurred within this District.

5. Plaintiff Travelocity is a limited partnership duly organized and existing

6. Upon information and belief, Defendant QVC, Inc. (“QVC”) is a

Road, Suite 400, Wilmington DE 19808.

7. Upon information and belief, Defendant Shri Krishna Enterprises d/b/a SK

NY 12250. Defendant may be served at 87 Taft Ave., Newburgh, NY 12250. (The

defendants QVC, Inc. and SK Enterprises are collectively referred to as “Defendants.”)

which duty Defendants failed and/or refused to perform.

benefits from the infringing activities alleged in this Complaint.

The World Famous Travelocity Roaming Gnome

10. Travelocity has used a variety of legally-protected trademarks, trade

11-19 of this Complaint (together, the "Travelocity Mark").

become famous, and are assets of substantial value to Travelocity.

developing, advertising, and otherwise promoting the Travelocity Mark. As a result,

services and services offered under the Travelocity Mark.

The Travelocity Trademark

Registration (hereinafter collectively referred to as the “Travelocity Trademark”):

Registration Mark Classes Date of Image

Original Complaint – Page 4

become incontestable pursuant to 15 U.S.C. § 1065.

and conclusive evidence of Travelocity’s exclusive right to use the Travelocity

of Travelocity’s ownership and exclusive rights in the Travelocity Trademark.

17. The Travelocity Trademark qualifies as a famous mark, as that term is

used in 15 U.S.C. § 1125 (c)(1).

acquired a favorable reputation to consumers as an identifier and symbol of Travelocity

common-law and federal trademark rights in the Travelocity Trademark.

The Travelocity Trade Dress

20. Travelocity is the owner of a variety of unique and distinctive trade

dresses consisting of a combination of one or more features, including sizes, shapes,

21. Consumers immediately identify Travelocity as the single source of high

quality products and services bearing the Travelocity Trade Dress.

Original Complaint – Page 5

services is independent of the functional aspects of Travelocity products and services.

Dress has never been abandoned.

The Travelocity Copyright

101 et seq. (hereinafter referred to as the “Travelocity Design Element”).

with registration number VA0001383181.

valid, subsisting and in full force and effect.

Defendants’ Acts of Infringement and Unfair Competition

27. Upon information and belief, Defendants are engaged in designing,

manufacturing, advertising, promoting, distributing, selling, and/or offering for sale

Original Complaint – Page 6

Travelocity Design Elements (hereinafter referred to as the “Counterfeit Products”).

Defendants’ specific conduct includes, among other things:

original Travelocity Gnome:

29. Defendants offer a counterfeit version of the TRAVELOCIY ROAMING

customers to their businesses.