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COMPLAINT954201

Plaintiffs British Broadcasting Corporation (BBC), BBC Worldwide, Ltd

(BBC Worldwide), and DWTS Productions, LLCfkaBBC Worldwide Producti

LLC (DWTS Productions) (collectively, the BBC Entities) submit the follow

complaint against Defendants Scott Stander & Associates, Inc. and Scott Stander

(collectively, SS&A) as follows:

PARTIES

1. BBC is a foreign corporation, headquartered at the Broadcasting Hou

Portland Place, London W1A 1AA, United Kingdom.

2. BBC Worldwide is a foreign limited company, with its principal plac

business at Media Centre, 201 Wood Lane, London W12 7TQ, United Kingdom.

also a wholly owned subsidiary of BBC.

3. DWTS Productions is a California limited liability company with its

principal place of business at 10351 Santa Monica, Blvd., Ste. 250, Los Angeles,

California, 90025.

4. SS&A is a suspended California corporation with its principal place

business at 13701 Riverside Dr., Ste. 201, Sherman Oaks, California, 92423 and/o

4533 Van Nuys Blvd., Ste. 401, Sherman Oaks, California, 91403.

5. Scott Stander is a resident of the State of California, located at 13701

Riverside Dr., Ste. 201, Sherman Oaks, California, 92423 and/or 4533 Van Nuys

Blvd., Ste. 401, Sherman Oaks, California, 91403. Scott Stander owns, supervise

and/or controls the activities and operations of Scott Stander & Associates, Inc., a

was knowingly involved in and responsible for the actions alleged herein.

JURISDICTION AND VENUE

6. This complaint arises under the trademark laws of the United States,

U.S.C. 1114 et seq, as well as the laws of the State of California. This Court ha

original jurisdiction over this action under 15 U.S.C. 1121 and 28 U.S.C. 133

and 1338. This Court has supplemental jurisdiction over the California claims all

herein under 28 U.S.C. 1367 because they are so closely related to the claims ov



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COMPLAINT954201

which the Court has original jurisdiction that they form part of the same case and

controversy and derive from a common nucleus of operative facts.

7. Scott Stander & Associates, Inc. and Scott Stander reside in this judic

district and are subject to personal jurisdiction in this district. A substantial portio

the events giving rise to this action occurred in this district. Personal jurisdiction

venue are therefore proper in this district pursuant to 28 U.S.C. 1391.

FACTUAL ALLEGATIONS

Dancing With The Stars, And The Rights and Obligations Related Theret

8. The BBC Entities own and produce the extremely popular television

program Dancing with the Stars, (DWTS), which has been continuously aired

the United States since 2005.

9. The DWTS show features celebrity contestants paired with professio

dancers that compete in a weekly dance contest. Each couple performs predeterm

dances and competes against the others for judges points and audience votes. Th

couple receiving the lowest combined total of judges points and audience votes i

eliminated each week until only the champion dance pair remains.

10.

BBC owns common law and federally registered trademark rights to

trademark DANCING WITH THE STARS for entertainment services, including

shows, stage events, theatrical performances, concerts, and live performances

(USPTO Reg. No. 3,749,844) (the DWTS Mark). The DWTS Mark is widely

recognized by the consuming public and famous.

11. DWTS has contracts with professional dancers that are relevant to th

complaint. Dancers under contract to DWTS include, but are not limited to, Vale

Chmerkovskiy, Emma Slater, Sharna Burgess, Peta Murgatroyd, and Jenna Johns

(the DWTS Dancers).

12. Prior to performing on DWTS, each of the DWTS Dancers entered in

Dancer Agreement with DWTS Productions, the pertinent terms of which are

summarized as follows:



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COMPLAINT954201

The DWTS Dancer shall not render services or appear in any other danc

related program in any medium, or authorize the use of the DWTS Danc

name, voice, or likeness in connection with an endorsement for any such

program.

(a) The DWTS Dancer may appear or perform on the live stage or at priv

events, subject to DWTS Productions prior written approval, or (b) the

DWTS Dancer shall not render services in connection with a dance

performance in any medium, including without limitation television and

stage.

The DWTS Dancer irrevocably grants DWTS Productions the right to

videotape, film, portray, photograph, and otherwise record the DWTS

Dancer. All such material shall be a work made for hire and shall be DW

Productions sole and exclusive property. The DWTS Dancer grants an

assigns to DWTS Productions all rights of any nature in and to such

material.

The DWTS Dancer shall not enter into any agreement or incur any liabi

that may interfere with DWTS Productions full enjoyment of its rights

under this agreement.

Except as authorized by DWTS Productions, the DWTS Dancer will not

and will not authorize others to, publicize, advertise, or promote the DW

Dancers appearance on the DWTS show.

The DWTS Dancer shall not use any of DWTS Productions or any relat

companies names, logos, trade names, or trademarks, (including but no

limited to the title of the show, Dancing with the Stars), in connection

with any media appearance or any other type of appearance, or any kind

advertising, promotion, publicity, merchandise, or other product or serv

13. These Dancer Agreements are or were in full force and effect during

relevant times alleged in this complaint.



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COMPLAINT954201

Ballroom With A Twist, and SS&As Infringing Conduct

14. SS&A is the producer of a live performance stage show called Ballr

with a Twist (BWAT), which features DWTS dancers performing live dances,

including the Samba, Waltz, Foxtrot, Quickstep, and Jive. SS&As show is

performed at theaters across the nation, and tickets are promoted and sold on

numerous theater websites, as well as on TicketMaster.com.

15. SS&A has infringed, and is still infringing, the DWTS Mark by

advertising, marketing, and promoting its BWAT show using the DWTS Mark

without the consent of the BBC Entities, in a manner that is likely to cause confus

among ordinary consumers as to the source, sponsorship, affiliation, or approval o

the BWAT show, and to dilute the value of the DWTS Mark.

16. SS&A markets and distributes promotional posters, images, and othe

materials online for its BWAT show, in which the phrase Ballroom with a Twist

written in the same color, font, and design, as the mark Dancing with the Stars.

SS&As promotional materials also display the names and likenesses of well-know

DWTS Dancers. Examples of such promotional materials include, but are not lim

to the following, which were taken from SS&As website,

http://www.scottstander.com/, and a performance theatres website,

http://www.themahaffey.com/page/Contact/31:



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COMPLAINT954201

17. In addition, SS&As website refers to BWAT as the national-tour

spinoff of Dancing With the Stars. Advertisements on websites of other theate

acting in concert with SS&A, such as the Valley Performing Arts Theatre, also

describe the BWAT show as a non-competitive spinoff of Dancing with the Star

feature[ing] sizzling performances by jaw-dropping DWTS celebrity pros.

(http://www.valleyperformingartscenter.org/calendar/ballroom-with-a-twist/).

18. SS&As use of the same color, font, and design as the DWTS Mark t

depict its BWAT title, its use of the DWTS Mark and the names and likenesses of

well-known DWTS Dancers, and its description of the show as a spinoff of DW

are all done to suggest sponsorship, authorization, or affiliation with the DWTS sh

19. SS&A is not licensed or authorized in any way to use the DWTS Ma

SS&As use of the DWTS Mark is likely to deceive, confuse, and mislead the

consuming public into thinking that the BWAT show is somehow sponsored,

authorized, or affiliated with the DWTS show. The likelihood of confusion, mist

and deception engendered by SS&As infringement is causing irreparable harm to

goodwill symbolized by the DWTS Mark and the reputation for high quality that

embodies.

20. SS&A has realized and continues to realize an unjustified benefit in t

form of sales and profits from its falsely implied association or affiliation with

DWTS.

21. The BBC Entities have notified SS&A of its infringing conduct, but

despite this notice, SS&As violations of the BBC Entities rights have been

continuously expanding.

22. SS&As infringement of the DWTS Mark was done willfully,

knowingly, and with the intent of causing confusion and mistake and deceiving th

public.



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COMPLAINT954201

SS&As Additional Unlawful Conduct

23. The performances on BWAT were choreographed by Louis Van Am

who was a DWTS dancer and choreographer on DWTS for several years, ending

Fall 2012.

24. As a prior DWTS dancer, Mr. Van Amstel executed DWTS Producti

standard Dancer Agreement, containing the same pertinent provisions that each of

DWTS Dancers agreed to, as described above.

25. Louis Van Amstel has worked with SS&A, whether as an employee,

in a partnership, agency, or other business capacity, to create and produce the BW

show.

26. Despite knowing that each of the DWTS Dancers were under contrac

with DWTS Productions, and despite knowing that the contract prohibits the DW

Dancers from, among other things, rendering services or appearing in any other d

related program in any medium, or authorizing the use of the DWTS Dancers nam

voice, or likeness in connection with an endorsement for any such program, SS&A

nevertheless approached the DWTS Dancers and induced them to perform in and

promote the BWAT show, thus breaching their agreements with DWTS Productio

27. As a result of SS&As wrongful actions, DWTS Productions has bee

denied the full benefit of its contracts with each of the DWTS Dancers, including,

example, one or more of the DWTS Dancers being unavailable to fulfill their

contractual obligation to perform in live stage performances produced by DWTS

Productions.

28.

SS&As use of the names and likenesses of the DWTS Dancers in

connection with the promotion of the BWAT show is also a violation of the Danc

Agreements, and has caused additional harm to the BBC Entities and the value of

DWTS show.



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COMPLAINT954201

29. SS&As wrongful actions were done knowingly and intentionally, w

oppression, fraud, or malice, thus warranting an award of punitive and exemplary

damages.

FIRST CLAIM FOR RELIEF

(Trademark Infringement in Violation of 15 U.S.C. 1114 et seq.)

30. BBC realleges and incorporates by reference each and every allegatio

contained in the above paragraphs as if fully set forth herein.

31. BBC owns the registered trademark DANCING WITH THE STARS

entertainment services, including shows, stage events, theatrical performances,

concerts, and live performances (USPTO Reg. No. 3,749,844) (the "DWTS Mark





the BWAT show.

33. SS&As actions have caused and, unless enjoined by this Court, will

continue to cause a likelihood of confusion and deception of members of the publ

and additional injury to the goodwill and reputation symbolized by the DWTS Ma

for which there is no adequate remedy at law.

34. SS&As actions demonstrate an intentional, willful, and malicious in

to trade on the goodwill associated with the DWTS Mark.

35. SS&As actions have caused and are likely to continue causing

substantial injury to the public and to BBC, and BBC is entitled to injunctive relie

and to recover SS&As profits, actual damages, enhanced profits and damages, co

and reasonable attorneys' fees under 15 U.S.C. 1114, 1116, and 1117.

SECOND CLAIM FOR RELIEF

(Federal Unfair Competition and False Designation of Origin in

Violation of 15 U.S.C. 1125)



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COMPLAINT954201



37. BBC owns the common law trademark rights to the DWTS mark, as

to identify, market, advertise, and promote its highly popular television program,

which has aired in the United States continuously since 2005.





the BWAT show.

39. SS&As actions have caused and, unless enjoined by this Court, will

continue to cause a likelihood of confusion and deception of members of the publ

and additional injury to the goodwill and reputation symbolized by the DWTS Ma

for which there is no adequate remedy at law.

40. SS&As actions demonstrate an intentional, willful, and malicious in

to trade on the goodwill associated with the DWTS Mark.

41.

SS&As actions have caused and are likely to continue causing



and reasonable attorneys' fees under 15 U.S.C. 1125(a), 1116, and 1117.

THIRD CLAIM FOR RELIEF

(Federal Trademark Dilution in Violation of 15 U.S.C. 1125(c))

42.

BBC realleges and incorporates by reference each and every allegatio


43. The DWTS Mark is famous within the meaning of the Lanham Ac

44. SS&A's wrongful actions, as alleged above, have diluted and will lik

continue to dilute the unique and distinctive nature of the DWTS Mark, and have



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COMPLAINT954201

harmed the reputation and goodwill of the DWTS Mark. Such actions began afte

DWTS Mark had already become famous.

45. SS&A acted knowingly, deliberately, and willfully with the intent to

trade on the recognition, harm the reputation, and dilute the value of the DWTS M

46. BBC has no adequate remedy at law to compensate for the damages t

SS&A has caused and will continue to be caused, unless enjoined by this Court.

47. SS&As actions have caused and are likely to continue causing



and reasonable attorneys' fees under 15 U.S.C. 1125(c), 1116, and 1117.

FOURTH CLAIM FOR RELIEF

(Trademark Dilution in Violation of California Law)



49. The DWTS Mark is distinctive, strong, and widely known throughou

State of California and nationwide by virtue of the BBC Entities extensive use of

DWTS Mark in advertising and widespread publicity of the DWTS show.

50. SS&A's wrongful actions, as alleged above, have diluted and will lik

continue to dilute the unique and distinctive nature of the DWTS Mark, and have

harmed the reputation and goodwill of the DWTS Mark. Such actions began afte

DWTS Mark had already become famous.

51. SS&A acted knowingly, deliberately, and willfully with the intent to

trade on the recognition, harm the reputation, and dilute the value of the DWTS M

SS&As actions were done with oppression, fraud, or malice, thus warranting an

award of punitive damages sufficient to punish and make an example of SS&A.

52. BBC has no adequate remedy at law to compensate for the damages t

SS&A has caused and will continue to be caused, unless enjoined by this Court.



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COMPLAINT954201

53. BBC is entitled to injunctive relief, and recovery of up to three times

S&As profits from, and up to three times all damages suffered by reason of, SS&

wrongful use of the DWTS Mark.

FIFTH CLAIM FOR RELIEF

(California Common Law Unfair Competition)

54. The BBC Entities reallege and incorporate by reference each and eve

allegation contained in the above paragraphs as if fully set forth herein.

55. SS&A intentionally incorporated distinctive and protected elements f

the DWTS Mark into its advertising and promotions of the BWAT show, utilized

name and likenesses of well-known DWTS Dancers, and described the BWAT sh

as a "spinoff" of DWTS, to purposefully trade off the goodwill and reputation of

DWTS and to confuse and deceive consumers by creating the false and misleadin

impression that SS&A's show is endorsed, sponsored, approved, licensed, or affil

with the DWTS show.

56. SS&As conduct infringes the DWTS Mark and constitutes common

unfair competition, which has damaged and will continue to irreparably damage t

goodwill and reputation associated with the DWTS Mark, unless enjoined by this

Court.

57. The BBC Entities have suffered and continue to suffer direct and actu

damages as a result of SS&As wrongful and infringing conduct, including but no

limited to lost sales and business opportunities, and damage to the reputation and

goodwill of the DWTS Mark. The BBC Entities are entitled to recover their actua

damages, as well as disgorgement of SS&As profits generated from the promotio

distribution, and sale of tickets to its BWAT shows.

58. Because SS&As conduct alleged herein was intentional, oppressive,

malicious, fraudulent, and in willful disregard of the BBC Entities rights, the BB

Entities are also entitled to recover punitive and exemplary damages.



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COMPLAINT954201

SIXTH CLAIM FOR RELIEF

(Inducing Breach of Contract)



60. DWTS Productions and each of the DWTS Dancers entered into a

Dancer Agreement, pertinent terms of which are summarized in paragraph 12 abo



62. SS&A knew of these Dancer Agreements, but nevertheless intended

cause, and did cause, the DWTS Dancers to breach their agreements by, among ot

things, performing in the BWAT show, and allowing the use of their name and

likeness in connection with the promotion of the BWAT show.

63. As a direct and proximate result of SS&A's wrongful actions, DWTS

Productions has been denied the full benefit of its contract with each of the DWTS

Dancers, and the exclusive nature and value of the DWTS show has been diminish

thus causing harm to the BBC Entities in an amount to be proven at trial.

64.

SS&A was also unjustly enriched by the profits received from the

promotion and performances of the DWTS Dancers in the BWAT show, which w

not have occurred but for SS&As wrongful actions.

65. Because SS&A's conduct alleged herein was intentional, oppressive,

malicious, and fraudulent, the BBC Entities are also entitled to recover punitive a

exemplary damages.

SEVENTH CLAIM FOR RELIEF

(Intentional Interference with Contractual Relations)



67. DWTS Productions and each of the DWTS Dancers entered into a

Dancer Agreement, pertinent terms of which are summarized in paragraph 12 abo



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COMPLAINT954201



69. SS&A knew of these Dancer Agreements, but nevertheless intended

disrupt the DWTS Dancers performance of their contractual obligations, and

disrupted or made such performance more difficult by, among other things, payin

them to perform in the BWAT show and allow the use of their name and likeness

connection with the promotion of the BWAT show.

70. As a direct and proximate result of SS&A's wrongful actions, DWTS

Productions has been denied the full benefit of its contractual terms with each of t

DWTS Dancers, and the exclusive nature of the DWTS show has been reduced, th

causing harm to the BBC Entities in an amount to be proven at trial.

71. SS&A was also unjustly enriched by the profits received from the


not have occurred but for SS&A's wrongful actions.



exemplary damages.

EIGHTH CLAIM FOR RELIEF

(Intentional Interference with Prospective Economic Relations)



74. The BBC Entities and each of the DWTS Dancers were in an econom

relationship that probably would have resulted in an economic benefit, such as by

performing in additional shows, including live performance shows, that were to b

produced by the BBC Entities.

75. SS&A knew of, and intended to disrupt, the BBC Entities economic

relationship with the DWTS Dancers by, among other things, infringing the DWT

Mark and unfairly competing with the BBC Entities by promoting the BWAT sho



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COMPLAINT954201

a manner that confused consumers and implied it was sponsored, authorized, or

otherwise affiliated with the DWTS show.

76. As a direct and proximate result of SS&As wrongful conduct, the BB

Entities relationship with the DWTS Dancers was disrupted, and the BBC Entitie

suffered damages in amount to be proved at trial.

77. SS&A was also unjustly enriched by the profits received from the


not have occurred but for SS&A's wrongful actions.



exemplary damages.

PRAYER FOR RELIEF

WHEREFORE, the BBC Entities respectfully request:

1. That the Court enjoin SS&A, its successors, assigns, subsidiaries,

transferees, officers, directors, agents, employees, and all those acting in concert w

it, as follows:

a.

From marketing, promoting, or advertising the BWAT show in

any manner that implies it is authorized, sponsored, licensed, or affiliated w

the DWTS show, including, without limitation, using the DWTS Mark or

depicting the title of the BWAT show in the same or similar color, font, or

design as the DWTS Mark, or describing the BWAT show as a spinoff of

DWTS show;

b.

From inducing the breach of, or otherwise interfering with, the

contractual relationships or prospective economic relationships between the

BBC Entities and any of the DWTS dancers that appear on the DWTS show

2. That the BBC Entities be awarded compensatory damages under

California law in an amount adequate to compensate the BBC Entities for the harm

caused by SS&A, and to prevent the unjust enrichment of SS&A;



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COMPLAINT954201

3. That the BBC Entities be awarded punitive damages under California

law in such amount that is deemed proper to punish and deter SS&A and others fr

similar conduct;

4.

That the Court find SS&As acts of trademark infringement, unfair

competition and dilution under the Lanham Act to be knowing and willful, and an

exceptional case within the meaning of 15 U.S.C. 1117;

5. That the BBC Entities be awarded SS&As profits and any damages

suffered by the BBC Entities as a result of SS&As unlawful and infringing and

diluting conduct, enhanced up to three times the actual amount, under Federal law

and

6. That the BBC Entities be awarded their reasonable costs and attorney

fees, and such other and further relief as the Court deems just and proper.

DATED: October 17, 2014 GLASER WEIL FINKHOWARD AVCHEN & SHAPIRO LLP

By: /s/ Adrian M. PruetzADRIAN M. PRUETZ

ERICA J. VAN LOON

KOLLIN J. ZIMMERMANNAttorneys for PlaintiffsBritish Broadcasting Corporation,BBC Worldwide, Ltd., andDWTS Productions, LLC fkaBBC Worldwide Productions, LLC



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COMPLAINT954201

DEMAND FOR JURY TRIAL

The BBC Entities respectfully request a jury trial on all issues triable by a ju

DATED: October 17, 2014 GLASER WEIL FINKHOWARD AVCHEN & SHAPIRO LLP

By: /s/ Adrian M. Pruetz

ADRIAN M. PRUETZ

ERICA J. VAN LOON

KOLLIN J. ZIMMERMANN

Attorneys for PlaintiffsBritish Broadcasting Corporation,BBC Worldwide, Ltd., andDWTS Productions, LLC fkaBBC Worldwide Productions, LLC


dancing with the stars - ballroom with a twist.pdf

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