california republication party v. asian american small business pac - trademark complaint.pdf
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HARharmKRISkbaugDHIL177 PSan FTelepFacsi AttorCalif
CALI ASIAPOLI
laint
RMEET K. Dmeet@dhillonSTA L. BAUghman@dhiLLON LAWPost Street, SFrancisco, Cphone: (415)imile: (415)
rneys for Plafornia Repub
IFORNIA R
P
v
AN AMERICITICAL AC
D
DHILLON (Snlaw.com UGHMAN (Sillonlaw.com
W GROUP INSuite 700 alifornia 941) 433-1700 520-6593
aintiff, blican Party
IN
FOR T
REPUBLICA
Plaintiff,
v.
CAN SMALTION COM
Defendant.
SBN: 20787
SBN: 26460m NC.
108
THE UNIT
THE EAST
AN PARTY,
LL BUSINESMMITTEE,
3)
00)
TED STATE
TERN DIST
SS
C
C
1
2
3
4
ES DISTRIC
TRICT OF C
Case Numbe
COMPLAIN
1. TRADEM(UNDER
2. TRADEMDILUTIO15 U.S.C
3. TRADEMDILUTIO(UNDER
4. TRADEMUNFAIR15 U.S.C
CT COURT
CALIFORN
er:
NT
MARK INFR 15 U.S.C.AMARK INFON BY BLU
C.A. § 1125(MARK INFON BY TA
R 15 U.S.C.AMARK INF
R COMPETC.A. § 1125(
T
NIA
FRINGEMEA. § 1114) FRINGEMEURRING (Uc))
FRINGEMERNISHMEA. § 1125(c)FRINGEMETITION (UNa))
Case No
ENT
ENT –UNDER
ENT – NT )(1)) ENT – NDER
o.
Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 1 of 15
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Grou
Actio
et seq
Comm
and p
Demo
makin
purpo
candi
publi
Repu
State
Calif
is a p
office
28 U
Trade
domi
purpo
claim
plaint
Plaintiff C
up, Inc., alleg
on Committe
1. Th
q. This action
mittee – a C
promoting D
ocratic legis
ng unauthor
ose of these
idate, Micha
ished. The ap
ublican voter
2. Pl
s Republican
fornia Repub
3. De
political actio
e in Los Ang
4. Th
.S.C. §§ 133
emark Act (L
5. Th
ciled in the
osefully avai
ms arise out o
California Re
ges as and fo
ee (“AASB-P
his is an acti
n arises from
alifornia pol
emocratic le
lative staffer
rized use of a
mailers is to
aela Hertle, w
pparent inten
rs in Senate D
laintiff Califo
n Party (the
blicans. The
efendant Asi
on committe
geles.
his Court has
31 and 1338,
Lanham Act
he Court has
state of Cali
iled itself of
of those com
epublican Pa
or its compla
PAC”), as fo
on for tradem
m the fact tha
litical action
egislative can
rs – sent two
a famous tra
o unfairly inf
who had form
nded effect o
District 7 thr
fornia Repub
“Republican
CRP has its
ian America
ee, with its pr
JURIS
s original jur
, in that this
t), 15 U.S.C.
s personal jur
fornia, has e
f the opportu
mmercial acti
1
arty (“CRP”
aint against t
ollows:
mark infring
at the Asian
n committee
ndidates sinc
o deceptive m
demark regi
fluence Repu
mally withdr
of the mailer
rough fraud,
THE PAR
blican Party (
n Party”), an
principal pla
an Small Bus
rincipal plac
SDICTION
risdiction ov
Complaint r
§ 1051 et se
risdiction ov
engaged in b
unity to cond
ivities. More
), by and thr
the Asian Am
gement unde
American S
known in Sa
ce it was fou
mailers to Re
istered to the
ublican vote
rawn from th
rs is to unlaw
, intellectual
RTIES
(“CRP”) is t
nd the officia
ace of busin
siness Politic
ce of busines
N AND VEN
ver this actio
raises federa
eq.
ver the AAS
business activ
duct commer
eover, the AA
rough its cou
merican Sma
er the Lanham
Small Busine
acramento fo
unded in 200
epublican vo
e California
rs to cast vo
he race at the
wfully suppr
l property the
the Californi
al political p
ness in Sacra
cal Action C
ss in Sacram
NUE
on pursuant t
al questions u
B-PAC beca
vities directe
rcial activitie
ASB-PAC e
unsel, Dhillo
all Business
m Act, 15 U
ess Political
or exclusivel
05 and run b
oters in Sena
Republican
otes for a form
e time the m
ress and dive
eft and chica
ia affiliate of
arty organiz
amento, Calif
Committee (A
mento, Califo
to 15 U.S.C.
under the Un
ause it is a re
ed at Califor
es in this foru
xpends fund
Case No
on Law
Political
U.S.C. § 1114
Action
ly supportin
y former
ate District 7
Party. The
mer
mailers were
ert the votes
anery.
f the United
zation for
fornia.
AASB-PAC
ornia, and an
§ 1121, and
nited States
esident of or
rnia, and has
um. The
ds on
o.
4
g
7
of
)
d
r
Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 2 of 15
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camp
impro
the R
occur
in thi
maile
to tak
Repu
to §2
Comm
mann
the C
in Se
notic
fraud
effect
impen
regist
and in
State
to pro
plaint
paigns throug
oper activitie
Republican el
6. Ve
rred and con
is district.
7. Th
er published
ke place on M
ublican eleph
1300 of the
mittee, whic
ner, for the p
California Re
8. Up
nate District
e to AASB-P
dulent mailer
tively “doub
nding legal a
9. Th
tered tradem
nfringement
s Trademark
otect its mar
ghout Califo
es in Califor
lephant insig
enue is prop
ntinues to occ
his case conc
on or about
March 17, 20
hant insignia
California C
ch registered
purpose of m
epublican Pa
pon learning
t 7, the CRP
PAC, dated
r to Republic
bling down”
action.
he CRP cons
mark and to p
t. The CRP f
k Act (Lanha
rks and to pro
ornia. This C
rnia, includin
gnia.
er in this dis
cur in this di
cerns egregio
February 23
015, AASB-
a (“Elephant
Corporations
d it pursuant
misleading th
arty.
g of the first
, through the
February 24
can voters –
on its tradem
sistently seek
protect its int
files this civi
am Act), 15
otect the pub
2
Complaint all
ng the illegal
strict under 2
istrict, and th
INTRODU
ous, repeated
3, 2015, for a
-PAC intenti
Insignia”) –
Code, and l
to the Lanha
e public as t
fraudulent m
e undersigne
4, 2015. On M
this one wit
mark infring
ks to preven
tellectual pro
il action agai
U.S.C. §105
blic from dec
leges claims
l, fraudulent
28 U.S.C. §
he AASB-PA
UCTION
d violations
a special ele
ionally and r
– registered t
licensed from
am Act § 43(
to the origin
mailer, which
ed counsel, i
March 2, 20
th even more
gement after
nt the unauth
operty and re
inst AASB-P
51 et seq., se
ception thro
that relate t
t, misleading
1391(c), in t
AC is subjec
of the Lanh
ection in Cal
repeatedly us
to the CRP a
m the Repub
(a), in an ille
of the maile
h was receiv
immediately
15, AASB-P
e uses of the
receiving w
horized and m
eputation fro
PAC for vio
eeking dama
ugh the misu
to the AASB
g and unauth
that substant
ct to persona
ham Act. On
ifornia Sena
sed a tradem
as a service m
blican Nation
egal and frau
er and the en
ved by Repub
sent a cease
PAC publish
Elephant In
written warnin
misleading u
om intention
olations of th
ges and inju
use of its ma
Case No
B-PAC’s
horized use o
tial injury
al jurisdiction
a candidate
ate District 7
mark – a
mark pursuan
nal
udulent
ndorsement o
blican voter
e and desist
hed a second
nsignia,
ng of
use of its
nal copying
he United
unctive relief
arks.
o.
of
n
,
nt
of
s
f,
Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 3 of 15
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the na
the U
1969
feder
candi
perm
CRP
the pa
Corp
top h
appea
plaint
10. Th
ational polit
11. Th
United States
, Registratio
12. Th
rally tradema
idates, cause
mission to def
and the RNC
ast on nume
13. Th
orations Cod
alf of the ele
ars to be mo
T
he CRP is th
ical organiza
he Elephant
, since it wa
on Number 1
he Republica
arked RNC E
es, and issue
fend against
C is docume
rous occasio
he Elephant
de. The trade
ephant. Whe
nochrome.
FAC
HE CRP’S
he California
ation for all
Insignia trad
as registered
908397.
Registra
an National C
Elephant Ins
s. Along wit
any infringe
ented in writi
ons.
Insignia is r
emark featur
en used as a b
3
TUAL ALL
INTELLEC
a affiliate of t
Republican
demark is co
by the RNC
ation #: 1908
Committee g
signia in the
th the permis
ement upon t
ing. The CR
egistered to
res a red and
background
LEGATION
CTUAL PR
the Republic
voters.
ommonly use
C with the U.
8397
granted the C
e CRP logo a
ssion granted
the rights af
RP is entitled
the CRP pur
d blue elepha
for print and
NS
ROPERTY
can National
ed in Republ
.S. Patent an
CRP permis
and otherwis
d above, the
fforded. The
d to and has e
rsuant to §2
ant featuring
d digital mat
l Committee
lican politics
nd Trademark
sion to utiliz
se to promote
e RNC grante
agreement b
enforced the
1300 of the
g three white
terials, it som
Case No
e (“RNC”),
s throughout
k Office in
ze the
e Republican
ed the CRP
between the
e trademark i
California
e stars on the
metimes
o.
t
n
in
e
Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 4 of 15
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autho
users
plaint
14. Be
orized, legitim
, to commun
a. Le
Da
elow are thre
mate uses of
nicate with v
etter from sta
avid Hadley
ee examples
f the Elephan
voters about
ate party Ch
, in Assemb
4
from the rec
nt Insignia b
legitimate R
hairman Jim
ly District 6
cent election
by the state p
Republican c
Brulte to vo
6:
n cycle endin
party or its c
candidates in
oters on beha
ng Novembe
onstituent, a
n an election
alf of authori
Case No
er 4, 2014, o
authorized
.
ized candida
o.
f
ate
Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 5 of 15
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plaint
b. M
fo
c. Au
su
Mailer from C
r Assembly
uthorized Re
upporting the
California Re
District 21:
epublican vo
e party’s end
5
epublican Pa
oter guide fro
dorsed candid
arty supporti
om the San D
dates in the
ing Jack Mob
Diego Coun
county:
bley, the par
nty Republica
Case No
rty’s candida
an Party
o.
ate
Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 6 of 15
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cease
sever
or ab
Febru
the C
sourc
but th
politi
Repu
withd
as M
propo
is reg
used
the E
2015
plaint
15. Th
e and desist l
ral infringing
16. Th
out February
17. Th
uary 23, 201
18. Th
CRP’s Elepha
ce of the mai
19. M
hen withdrew
20. M
ical office.
21. Up
ublican Centr
22. At
drawn from t
s. Hertle’s w
23. Th
ortion, desig
gistered purs
throughout t
24. Th
Elephant Insi
25. Th
, the day the
he CRP activ
letters to any
g parties to c
he AASB-PA
y 23, 2015 (s
he first maile
5, with othe
he mailer fea
ant Insignia,
iler, and that
Ms. Hertle is a
w from the S
Ms. Hertle has
pon informa
ral Committ
t the time it p
the Senate D
withdrawal an
he elephant g
gn and color
uant to §213
the United S
he AASB-PA
gnia (or any
he CRP first
e first mailer
vely polices
y infringing u
cease and de
AASB-P
AC publishe
see Exhibit A
er was receiv
ers receiving
atured a phot
clearly desi
t it had endo
a candidate w
Senate Distri
s not been en
ation and bel
ees of the co
published th
District 7 rac
nd endorsem
graphic used
to the well-k
300 of the Ca
States.
AC has neve
y derivatives
learned of t
was receive
6
its trademar
users. In rec
sist their mis
PAC’S WRO
ed the first in
A).
ved by nume
it very shor
tograph of M
igned to fool
rsed Ms. He
who filed he
ict 7 election
ndorsed by t
ief, Ms. Her
ounties withi
he first maile
e, and had e
ment had bee
d by the AAS
known Eleph
alifornia Co
er sought or o
thereof).
the AASB-P
ed by the pub
rks and other
cent years, th
suse of the E
ONGFUL A
nfringing cam
erous Repub
rtly thereafte
Michaela He
l recipients i
ertle’s candid
er papers, wa
n, publicly an
the Californi
rtle has not b
in Senate Di
er, the AASB
ndorsed ano
en reported in
SB-PAC in t
hant Insignia
rporations C
obtained a li
AC’s tradem
blic.
r intellectual
he CRP has r
Elephant Ins
ACTS
mpaign mail
blican voters
er, as is the n
rtle (“Hertle
into believin
dacy.
as certified b
nnouncing th
ia Republica
been endorse
istrict 7.
B-PAC was a
other candida
n the media.
the Hertle m
a consistentl
Code, tradem
icense or aut
mark infringe
l property, a
reached agre
ignia.
ler at issue in
in Senate D
norm in bulk
e”) and three
ng that the CR
by the Secret
he same.
an Party for t
ed by any of
aware that M
ate named St
.
mailer is iden
ly used by th
marked by the
thorization f
ement on Fe
Case No
and sends
eements with
n this case on
District 7 on
k mail.
e instances o
RP was the
tary of State
this or any
f the official
Ms. Hertle ha
teve Glazer,
ntical in shap
he CRP, whi
e RNC, and
for the use of
ebruary 23,
o.
h
n
f
,
ad
pe,
ch
f
Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 7 of 15
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dema
secon
of inf
AASP
desig
maile
candi
was n
maile
votes
dropp
candi
parag
secon
signif
been
plaint
26. Th
anding that A
27. Th
28. Th
29. Af
nd mailer on
fluencing rec
PBPAC kne
30. Th
gnation of or
ers urged vot
idate for Stat
31. At
not a candida
32. AA
ers (collectiv
s of Republic
ped out, and
idates in the
33. Th
grpahs as if s
34. Th
ndary meanin
fy the Repub
35. Th
enhanced an
he CRP sent
AASB-PAC
he CRP did n
he AASB-PA
fter receivin
n March 2, 20
cipients into
ew Ms. Hertl
he second fra
igination by
ters to choos
te Senate, bu
t the times it
ate for the St
ASB-PAC p
vely, “Hertle
cans in Sena
thereby was
race and hav
Tra
he CRP repe
set forth fully
he Elephant
ng through i
blican Party’
he distinctive
nd extended
a cease and
immediately
not receive a
AC did not c
g and ignori
015 to Repub
believing th
le was no lon
audulent ma
repeatedly u
se the “One o
usinesswoma
t published t
tate Senate.
published the
e Mailers”) fo
ate District 7
sting their vo
ving their vo
FIRS
ademark Inf
eats and inco
y herein.
Insignia trad
its use, for de
’s official im
eness and se
through the
7
d desist letter
y halt its trad
a response fr
cease its trad
ing the CRP
blican voter
hat Ms. Hert
nger running
ailer from AA
using the wo
of their own
an Michaela
the second m
ese two fraud
for the direct
, cynically u
otes rather th
otes counted
ST CAUSE
fringement
orporates by
demark is inh
ecades, in C
mprimatur.
econdary me
extensive u
r to the AAS
demark infri
rom the AAS
demark infrin
’s cease and
rs in Senate D
tle was the en
g, and had ne
ASB-PAC fu
ords “Repub
n” and urged
a Hertle.”
mailer, AASB
dulent, decep
t purpose, an
urging them
han voting fo
d.
OF ACTIO
Under 15 U
reference ea
herently dist
California and
eaning of the
se of the ma
SB-PAC on F
ingement. (S
SB-PAC.
ngement of t
d desist letter
District 7 (se
ndorsed can
ever been en
urther comp
blican” in the
d “There is on
B-PAC was
ptive, false,
nd intended e
to vote for a
for one of the
ON
U.S.C. § 111
ach allegatio
tinctive. Mo
d national po
e Elephant In
ark by the CR
February 24,
See Exhibit B
the Elephant
r, AASB-PA
ee Ex. C), fo
ndidate of the
ndorsed by th
ounded the f
e mailer. For
nly one Rep
aware that M
and repeated
effect, of sup
a candidate w
e real, remai
4
on in the prec
oreover, it ha
olitical disco
nsignia trade
RP to design
Case No
, 2015,
B).
t Insignia.
AC published
or the purpos
e CRP, while
he CRP.
false
r example, th
ublican
Ms. Hertle
dly infringin
ppressing the
who had
ning
ceding
as acquired
ourse to
emark has
nate the
o.
d a
se
e
he
ng
e
Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 8 of 15
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Repu
consu
cease
tradem
legisl
Eleph
color
Distr
AASB
goodw
tradem
unaut
legal
unaut
Repu
cause
the ca
plaint
ublican Party
umers.
36. Th
e and desist l
37. At
mark, or any
38. AA
39. As
lative office,
hant Insignia
40. AA
r scheme, sty
ict 7, with th
B-PAC had
41. AA
will and sec
42. Th
mark, in vio
43. Th
thorized use
notice, AAS
thorized use
ublican voter
44. AA
e confusion a
andidate feat
y’s endorsem
he CRP has a
letters imme
t no time has
y confusingly
ASB-PAC h
s a political
, AASB-PAC
a for any pur
ASB-PAC w
yle, and desig
he full know
no rights wh
ASB-PAC p
ondary mean
he AASB-PA
olation of 15
he CRP prom
of their Elep
SB-PAC sen
of the CRP
rs in Senate D
ASB-PAC h
and to deceiv
tured on the
ment, in every
actively poli
diately upon
s the CRP co
y similar tra
has never bee
action comm
C would nev
rpose.
willfully used
gn, on the tw
wledge that th
hatsoever to
published the
ning of the E
AC willfully
U.S.C. § 11
mptly sent a
phant insign
nt out a secon
’s trademark
District 7 on
has used, and
ve consumer
mailers, Mi
8
y aspect of t
iced uses and
n learning of
onsented to A
ademark, in c
en authorize
mittee that ex
ver have bee
d the Elepha
wo Hertle ma
he CRP had
use the trad
e Hertle Mai
Elephant Ins
y infringed th
14.
cease and de
nia on the fir
nd mailer les
k. (Ex. C) Th
n March 2, 20
d continues t
rs concernin
ichaela Hertl
the party’s o
d misuses of
f any infring
AASB-PAC
commerce.
d to use the
xclusively su
en granted a
ant Insignia,
ailers in con
ownership r
demark.
ilers in order
ignia, and th
he CRP’s ex
esist letter to
rst mailer, on
ss than a we
he second m
015, and in e
to use, the C
ng the true or
le.
fficial comm
f the Elephan
ging use.
C’s use of the
Elephant In
upports Dem
license by th
including a
nnection with
rights to the t
r to intention
hereby confu
xclusive righ
o AASB-PA
n February 2
ek later, aga
mailer was rec
ensuing day
CRP’s tradem
rigin, source
munications t
nt Insignia, a
e Elephant In
signia.
mocratic cand
he CRP to us
mark with a
h the campai
trademark, a
nally benefit
use consume
t in the Elep
AC regarding
24 (Ex. B). Ig
ain featuring
ceived by m
s.
mark, with th
e and/or spon
Case No
to voters and
and sends ou
nsignia
didates for
se the
an identical
ign for Senat
and that
t from the
ers.
phant Insigni
g the
gnoring this
the
any
he intent to
nsorship of
o.
d
ut
te
ia
Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 9 of 15
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28
irrepa
from
irrepa
Insign
suffer
suffer
know
upon
irrepa
Insign
AASB
parag
recog
inten
1125
Eleph
plaint
45. As
arable harm,
continuing t
46. Th
arable harm
nia trademar
47. As
red harm to
48. As
red substant
49. AA
wingly, malic
the CRP’s i
50. CR
arable harm
nia trademar
51. Un
B-PAC will
Dilutio
52. Th
graphs as if s
53. Th
gnition of the
ded uses of t
54. Th
(c), 1127, fo
hant Insignia
s a direct and
, and will co
to infringe th
he CRP has n
it will suffer
rk.
s a direct and
its reputatio
s a direct and
tial monetary
ASB-PAC’s
ciously, oppr
intellectual p
RP has no ad
it will suffer
rk and passin
nless it is enj
continue the
on by Blurri
he CRP repe
set forth fully
he AASB-PA
e famous Ele
the Elephant
he AASB-PA
or willfully tr
a.
d proximate
ntinue to suf
he CRP’s tra
no adequate
r if the AAS
d proximate
n and image
d proximate
y damages, i
s actions des
ressively and
property and
dequate rem
r if the AAS
ng off the H
njoined and r
ese actions t
SECO
ing – Trade
eats and inco
y herein.
AC, by reaso
ephant Insig
t Insignia.
AC is in viol
rading upon
9
result of AA
ffer irreparab
ademark.
remedy at l
SB-PAC is pe
result of AA
e.
result of AA
n an amount
cribed above
d with the sp
d goodwill, to
edy at law su
SB-PAC is pe
ertle mailers
restrained fro
that harm the
OND CAUSE
mark Infrin
orporates by
on of dilution
nia mark for
lation of the
the widespr
ASB-PAC’s
ble harm un
aw sufficien
ermitted to c
ASB-PAC’s
ASB-PAC’s
t to be determ
e have been
pecific intent
o confuse Ca
ufficient to c
ermitted to c
s as originati
om continuin
e CRP and in
E OF ACTI
ngement Un
reference ea
n by blurring
r ends diame
federal dilu
read recognit
conduct, the
less the AAS
nt to compen
continue infr
infringing c
infringing c
mined at tria
willful and
tion of injur
alifornia con
compensate
continue infr
ing from the
ng the wrong
njure and de
ION
nder 15 U.S
ach allegatio
g, willfully i
etrically opp
ution statute,
tion of the C
e CRP has su
SB-PAC is r
nsate it for th
ringing upon
conduct, the
conduct, the
al.
have been u
ring and trad
nsumers.
for the ongo
ringing the E
e CRP.
gful acts des
eceive the pu
.C.A. § 112
on in the prec
intended to t
posed to the a
Lanham Ac
CRP’s tradem
Case No
uffered
restrained
he ongoing,
n the Elephan
CRP has
CRP has
undertaken
ding unfairly
oing
Elephant
scribed abov
ublic.
25(c)
ceding
trade on the
authorized,
ct, 15 U.S.C.
mark, the
o.
nt
ve,
§
Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 10 of 15
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28
the ub
Unite
ident
desig
produ
use b
ident
acqui
after
regar
econo
AASB
estab
CRP
produ
ident
plaint
55. Th
biquitous de
56. Th
ed States, inc
57. Th
ification bot
gnates the Re
58. Th
uction and d
became famo
59. Th
ify and distin
60. Th
ired distincti
the CRP’s m
61. Th
rdless of the
omic injury.
62. Un
B-PAC will
63. Th
lish, conclus
as a service
64. Th
uction and d
65. Th
66. Th
ify and distin
he Elephant
esignation of
he mark is fa
cluding Cali
he Elephant
th over time
epublican Pa
he AASB-PA
istribution o
ous.
he AASB-PA
nguish good
he CRP, as r
iveness, is en
mark became
he above act
presence or
nless enjoine
continue the
he AASB-PA
sively, that t
mark.
he AASB-PA
istribution o
he AASB-PA
he AASB-PA
nguish good
Insignia is r
f the Republi
amous, as it
fornia, as an
Insignia has
and across g
arty – and no
AC has used
of the Hertle
AC’s use cau
ds or services
registrant of
ntitled to an
e famous, co
tions are like
absence of a
ed and restra
ese practices
AC is in viol
the mark in q
AC has used
of the Hertle
AC began us
AC’s use cau
ds or services
10
egistered to
ican Party in
is widely rec
n official des
s recognized
geographic r
o other politi
d the CRP’s t
Mailers to th
uses dilution
s.
a famous ma
injunction a
ommenced us
ely to cause d
actual or like
ained from c
s that harm t
lation of the
question is fa
d the CRP’s t
Mailers to th
se of the trad
uses dilution
s. Lanham A
the CRP as
n California.
cognized by
signation of t
advertising
reach. Overa
ical entity.
trademark in
he public. T
n by lessenin
ark that is di
against the A
se of the ma
dilution by b
ely confusio
continuing th
the CRP and
federal dilu
famous. The
trademark in
he public.
demark after
n by lessenin
Act, §§ 43(c)
a service ma
y the general
the Republic
and publica
all, the public
n interstate c
his use bega
ng the capaci
istinctive, in
AASB-PAC,
ark in comme
blurring of th
on, of compe
he wrongful
d injure and d
ution statute b
Elephant In
n interstate c
r the CRP’s u
ng the capaci
), 45, 15 U.S
ark. The mar
consuming
can Party.
ations as wel
c is aware th
commerce th
an decades a
ity of the CR
nherently or t
which, at a
erce.
he famous m
etition, or of
acts describ
deceive the p
because the
signia is reg
commerce th
use became
ity of the CR
S.C.A. §§ 11
Case No
rk has becom
public of the
l as a strong
hat the mark
hrough the
after the CRP
RP’s mark to
through
time decade
mark,
actual
ed above, th
public.
CRP can
gistered to th
hrough the
famous.
RP’s mark to
25(c), 1127.
o.
me
e
P’s
o
s
he
e
o
.
Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 11 of 15
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28
CRP
irrepa
tradem
origin
Choic
AASB
parag
comm
www
cheap
Eleph
insign
for ov
did h
will m
ident
plaint
67. As
has suffered
68. Th
arable harm
mark, passin
nating from
ce,” despite
69. Un
B-PAC will
Dilution b
70. Th
graphs as if s
71. Th
mittee that ex
72. Ev
w.aasbpac.org
73. Th
pens the pure
hant Insignia
74. Th
nia with a D
ver forty-fou
75. Th
arm, the rep
76. AA
misleadingly
ification of t
s a direct and
d substantial
he CRP has n
it will suffer
ng off the He
the CRP, an
such endors
nless it is enj
continue the
by Tarnishm
he CRP repe
set forth fully
he AASB-PA
xclusively su
very single C
g – is a Dem
he AASB-PA
ely Republic
a with the CR
he AASB-PA
Democrat-pro
ur years.
he AASB-PA
utation of th
ASB-PAC’s
y associate th
the mark.
d proximate
monetary d
no adequate
r if AASB-P
ertle Mailers
nd distributin
ement being
njoined and r
ese actions t
THIR
ment –Trade
eats and inco
y herein.
AC is known
upports Dem
California leg
mocrat.
AC’s theft an
can image of
RP.
AC’s repeate
omoting PAC
AC, by reaso
he famous El
s infringing u
he AASB-PA
11
result of the
amages in an
remedy at l
PAC is perm
s and possibl
ng a publicat
g utterly fabr
restrained fro
that harm the
RD CAUSE
emark Infri
orporates by
n throughout
mocrats for le
gislator featu
nd misappro
f the insignia
ed misuse of
C, thereby ta
on of dilution
lephant Insig
use of the CR
AC with the
e AASB-PA
n amount to
aw sufficien
mitted to cont
ly other mai
tion endorsin
ricated.
om continuin
e CRP and in
OF ACTIO
ingement U
reference ea
t California p
egislative of
ured on the A
opriation of t
a, and weake
f the Elephan
arnishing its
n by tarnishm
gnia mark re
RP’s tradem
Republican
AC’s conduct
be determin
nt to compen
tinue diluting
lers or mater
ng a candida
ng the wrong
njure and de
ON
Under 15 U.S
ach allegatio
political circ
ffice.
AASB-PAC
the Elephant
ens the publi
nt Insignia w
exclusively
ment, willfu
egistered to t
mark presents
Party, thus
t described a
ned at trial.
nsate for the
g the Elepha
rials in the f
ate as the “R
gful acts des
eceive the pu
S.C.A. § 112
on in the prec
cles as a poli
C website –
t Insignia tar
ic’s identific
wrongfully a
Republican
ully intended
the CRP.
s a danger th
tarnishing th
Case No
above, the
ongoing,
ant Insignia
future as
epublican
scribed abov
ublic.
25(c)(1)
ceding
itical action
rnishes and
cation of the
associates the
connotation
d to harm, an
hat the public
he public’s
o.
ve,
e
n
nd
c
Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 12 of 15
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has su
irrepa
tradem
endor
Unles
contin
publi
parag
woul
actua
Maile
CRP
cause
Repu
has su
irrepa
plaint
77. As
uffered dam
78. Th
arable harm
mark, passin
rsing a cand
ss enjoined a
nue these pr
ic.
Unfai
79. Th
graphs as if s
80. Se
d technically
al or potentia
81. Th
ers that had t
82. Th
has suffered
83. Th
ed confusion
ublican organ
84. As
uffered mon
85. Th
arable harm
s a direct and
mages in an am
he CRP has n
it will suffer
ng off the He
idate as the “
and restraine
ractices that h
ir Competit
he CRP repe
set forth fully
ection 43(a)
y qualify as t
al deception.
he AASB-PA
the effect of
he Hertle Ma
d harm in ter
he CRP has b
n and deceive
nization in th
s a direct and
netary damag
he CRP has n
it will suffer
d proximate
mount to be
no adequate
r if AASB-P
ertle Mailers
“Republican
ed from cont
harm the CR
FOUR
ion –Tradem
eats and inco
y herein.
of the Lanha
trademark in
AC made ma
f deceiving R
ailers travele
rms of loss o
been damag
ed the public
he U.S.
d proximate
ges in an am
no adequate
r if AASB-P
12
result of AA
determined
remedy at l
PAC is perm
s as originati
n Choice,” de
tinuing the w
RP, tarnish th
RTH CAUSE
mark Infrin
orporates by
am Act 15 U
nfringement,
aterially fals
Republican v
ed in and hav
of good will
ed by the AA
c as to its tru
result of AA
ount to be d
remedy at l
PAC is perm
ASB-PAC’s
at trial.
aw sufficien
mitted to cont
ing from the
espite such e
wrongful act
he Elephant
E OF ACTI
ngement Un
reference ea
U.S.C.A. § 1
, but also un
se and mislea
voters, the in
ve had an ef
and reputati
ASB-PAC’s
ue origin, wh
ASB-PAC’s
etermined at
aw sufficien
mitted to cont
conduct des
nt to compen
tinue infring
e CRP, and d
endorsement
s described a
Insignia, an
ION
nder 15 U.S.
ach allegatio
125(a) prosc
nfair competi
ading statem
ntended audi
ffect on inter
on.
s use of the E
hich is not th
conduct des
t trial.
nt to compen
tinue tarnish
scribed abov
nsate for the
ing the Elep
distributing a
t not being p
above, AAS
nd injure and
.C.A. §1125
on in the prec
cribes not on
itive practice
ments on it th
ence of the m
rstate comme
Elephant Ins
he CRP, or a
scribed abov
nsate for the
ing the Elep
Case No
ve, the CRP
ongoing
phant Insigni
a publication
present.
SB-PAC will
d deceive the
5(a)
ceding
nly acts that
es involving
he Hertle
mailers.
erce, and the
ignia, as it h
any official
ve, the CRP
ongoing,
phant Insigni
o.
a
n
l
e
has
a
Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 13 of 15
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28
tradem
endor
AASB
1
2
3
4
5
plaint
mark, passin
rsing a cand
86. Un
B-PAC will
WHEREF
. For an inj
officers, e
persons ac
a.
b.
. That, purs
disgorge a
. That the A
days after
and form
. That, purs
destructio
like in its
paraphern
. That this
reasonabl
ng off the He
idate as the “
nless enjoine
continue the
FORE, the C
junction prel
employees, r
cting with, f
Imitating, c
Insignia reg
California l
Manufactur
displaying
to any trade
deception, o
Defendant
suant to 15 U
all profits de
AASB-PAC
r entry of an
in which De
suant to 15 U
on all mailers
possession,
nalia associa
Court declar
le attorneys’
ertle Mailers
“Republican
ed and restra
ese practices
PR
CRP prays fo
liminarily an
representativ
for, by, throu
copying, or m
gistered with
law, and dep
ring, produc
or otherwise
emark owne
or public mi
or their affil
U.S.C. §1117
erived from i
be required
injunction,
efendant has
U.S.C. § 111
s, labels, sig
custody or u
ated with mak
re this to be
fees pursuan
13
s as originati
n Choice,” de
ained from c
s that harm t
RAYER FO
or judgment
nd permanen
ves, successo
ugh or under
making unau
h the U.S. PT
picted herein
ing, distribu
e using any t
d by the CR
isunderstand
liation with t
7, the AASB
its illegal act
to file with
a report in w
complied w
18, the AASB
gns, prints, pa
under the co
king such in
an exception
nt to 15 U.S
ing from the
espite such e
continuing th
the CRP and
R RELIEF
against AAS
ntly enjoinin
ors, assigns,
r authority fr
uthorized use
TO by the RN
n and on the
uting, circula
trademark th
RP, or that is
ding as to the
the CRP;
B-PAC be co
ts complaine
the Court an
writing under
with the injun
B-PAC be co
ackages, adv
ontrol bearing
nfringing ma
nal case and
.C. § 1117;
e CRP, and d
endorsement
he wrongful
d injure and d
SB-PAC as f
ng the AASB
partners, att
rom Defenda
e of the trade
RNC, and reg
attached Exh
ating, adverti
hat imitates o
likely to cau
e origin of an
ompelled to
ed of herein;
nd serve on t
r oath descri
nction;
ompelled to
vertising, pro
g the Elepha
aterials;
d award the C
distributing a
t being utter
acts describ
deceive the p
follows:
B-PAC and it
torneys and a
ant, from:
emarked Ele
gistered to th
hibit A and C
ising, promo
or is confusin
use confusio
ny mailers/p
account to th
;
the CRP wit
ibing in deta
deliver to C
omotional m
ant Insignia,
CRP its full c
Case No
a publication
rly fabricated
ed above,
public.
ts agents,
all other
ephant
he CRP unde
C;
oting,
ngly similar
on, mistake,
publications b
he CRP and
thin thirty (3
ail the manne
CRP for
material or th
as well as a
costs and
o.
n
d.
er
by
0)
er
he
ll
Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 14 of 15
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6
7
8
9
all iss
Date:
plaint
. That this
15 U.S.C.
. That the C
from inco
marketed
connectio
. That the C
has suffer
. For such o
Pursuant t
sues raised b
: March 5, 2
Court grant
. § 1116 & 1
Court order s
orrectly assum
or otherwise
on, or authori
Court grant t
red as a resu
other and fur
to Fed.R.Civ
by the Comp
2015
the CRP any
1117 and/or u
such other re
ming that th
e circulated
ization in an
the CRP treb
lt of the AA
rther relief aDEMA
v.P. 38(b), P
plaint.
14
y other reme
under Califo
elief as the C
e Hertle Ma
or promoted
ny way by th
ble damages
SB-PAC’s w
as this CourtAND FOR J
Plaintiff Calif
D
By: / _
HKTAP
edy to which
ornia law;
Court may de
ailers distribu
d by the AAS
he CRP; and
for the loss
willful, bad f
t deems just JURY TRIA
fornia Repub
DHILLON L
/s/ Harmeet __________Harmeet K. Krista L. BaTaylor BlooAttorneys foParty
h it may be e
eem appropr
uted, manufa
SB-PAC hav
of goodwill
faith violatio
and approprAL
blican Party
LAW GROU
K. Dhillon ___________Dhillon, Esq
aughman, Esom, Esq. or Plaintiff C
ntitled as pr
riate to preve
actured, distr
ve any relati
and harm to
ons.
riate.
y demands a j
UP INC.
__________q. sq.
California Re
Case No
ovided for in
ent the publi
ributed,
on,
o reputation
jury trial of
________
epublican
o.
n
ic
it
Case 2:15-at-00306 Document 1 Filed 03/05/15 Page 15 of 15
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