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Thorogood v. Bad To The Bone
Thorogood v. Bad To The Bone
Thorogood v. Bad To The Bone
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GEORGE THOROGOOD
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GEORGE THOROGOOD, an
individual,
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Plaintiff,
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CASE NO.
s.
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Defendants.
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Cls.u. b6 Patriot Court
COUF I 461
MAP-PLEADING-1761
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JURISDICTION
1.
This is a civil action whkh arises under Sections 32(1) [15 U.S.C.
1114(1)] and 43(a) [15 U.S.C. 1125(a)] of the United States Trademark Act.
Jurisdiction is based upon 15 U.S.C. Section 1121 and 28 U.S.C. Section 1338(a).
TH]E PARTIES
2.
3.
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belief, alleges that defendant, BAD TO THE BONE, LLC is a Virginia limited
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Virginia and does business throughout the United States in general and in the
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Plaintiff is informed and believes and, based on such information and belief,
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alleges that all members of Defendant are citizens of the State of Virginia.
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4.
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this Court, sues said defendants by such fictitious names and plaintiff will amend
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this Complaint to show their true names and capacities when the same have been
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ascertained.
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5.
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In 1983, and long prior to any of the acts of the defendants com
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MAP-PLEADING-1761
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used, advertised and promoted throug tiout the United States in general and in the
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registered its BAD TO THE BONE trademark on the Principal Register in the
Registration No. 3,684,749 being attached hereto as Exhibit 1. Based upon the
rights accorded registration of the trademark and the trademark's long and contin-
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to manufacture and sell clothing namely,, T-shirts, tank tops, jackets and hats
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the sale of clothing, namely, T-shirts, ank tops, jackets and hats through the use of
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and
BONE
acts
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advertised and promoted the sale of clbthing, namely, T-shirts, tank tops, jackets
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and hats under the trademark BAD T(]) THE BONE. Thorogood has gained a
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jackets and hats marketed and sold under the BAD TO THE BONE trademark. By
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reason of the marketing and sale of products under the above trademark, the trade
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come to recognize the trademark BAE TO THE BONE, when used in connection
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with clothing, namely, T-shirts, tank t<j>ps, jackets and hats as identifying such
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9.
of defendants
Long after Thorogood's first use of the BAD TO THE BONE trade-
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THE BONE to manufacture, identify, distribute, advertise and/or promote the sale
MAP-PLEADING-1761
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of shirts, sweatshirts, hats and other related forms of wearing apparel in the United
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Defendant's acts
registered BAD TO
similar thereto.
ing and promoting the sale of shirts, slweatshirts and hats through the use of the
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adverti se
se and/or
sweatshirts and hats is likely to cause confusion or mistake or to deceive the pur-
cause defendants' products to be passed off or viewed as those which are provided
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or authorized by Thorogood
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12.
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and/or promote the sale of shirts, sweatshirts and hats and, as a result thereof, the
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defendants, and each of them, are tho se of, or are affiliated with Thorogood, to the
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and belief, alleges that Defendant adcjpted and has used the trademark BAD TO
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sweatshirts
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United States Trademark Act, 15 U.S .C. 1117, entitling Thorogood to recover
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Thorogood and its good will, for all o|f which there is no adequate remedy at law.
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inclusive, of the First Count as thoug] set forth in full herein again inclusive, of the
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the origin, sponsorship or approval of its products and the publicity therefor by
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suggesting that such goods and the advertising thereof are connected with or
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associated, sponsored or affiliated witi Thorogood, or that the same truly origi-
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nated with Thorogood. Defendant has caused its shirts, sweatshirts and hats, and
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fact that are likely to give the public a false impression and to confuse the public as
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and belief, alleges that Defendant adopted and has used the trademark BAD TO
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Thorogood's long prior use ofthe BAlj) TO THE BONE trademark and with the
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Thorogood and its good will, for all o 'which there is no adequate remedy at law.
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neys, confederates, related companies and all persons acting in concert or partici-
pation with it, be enjoined and restrained during the pendency of this action, and
permanently thereafter:
(a)
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mark BAD TO THE BONE, alone or in combination with any other word or words
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mark;
(b)
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hats, T-shirts and/or sweatshirts which are not Thorogood's or not offered under
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the control and supervision of Thorog <|)od and approved by Thorogood, through the
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(c)
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proved or connected with or guarantee^ by or offered and sold under the control
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sweatshirts
irts and/or hats are
sponsored by or ap-
manner.
2.
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and all price lists, labels, signs, prints, packages, wrappers, receptacles, advertising
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matter, promotional and other material in the possession of Defendant, or under its
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control bearing the mark BAD TO THE BONE alone, or in combination with any
MAP-PLEADING-1761
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other word or words or design used in connection with the distributing, designat
ing, advertising, promotion or sale ofhats, T-shirts and/or sweatshirts not produced
by Thorogood or not made under the supervision and control of Thorogood.
3. That Defendant account for and pay over to Thorogood all damages
Defendant's unlawful acts and that the amount of damages for infringement of
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U.S.C. 1117.
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4.
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$100,000.
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5.
That Thorogood be awarded its costs ofsuit, including reasonable
attorneys' fees and have such other and further relief as to the Court may deem
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equitable, including but not limited to, any relief set forth under Section 34-39 of
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Respectfully submitted,
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Michael A. Painter
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MAP-PLEADING-1761
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EXHIBIT 1
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^tttteU states; of 3W
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Int. CI.: 25 for: clothing,namely, T-SHIRTS, TANK TOPS, JACKETS, HATS, IN CLASS 25 (U.S.
CLS.22AND39).
COMMERCE 0-0-1983.
DE FENDANTS
LA.
(c) Attorneys {Firm Name, Address and Telephone Number) If you are
III. CITIZENSHIP OF
(Place an Xin one
Plaintiff
L-1
| | 2. U.S. Government
KF . PIF
LJ * l_l *
5 fj 5
Defendant
L-'
Citizen or Susject
ofPartiesinltemlll)
ForeignCouhtry
3 Foreign Nation
D 6 D 6
1. Original
Proceeding
,, 2.Removed from
State Court
,, 3.Remanded from
,, 4.Reinstated or
Appellate Court
Reopen* d
c t
j*
District (Specify)
ii
6. Multi-
nictrirr
U LitigatiQan
Jo
VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a brief statement ofcause. Do notcite jurisdictional statutes unless diversity.)
15 U.S.C. 1125(a)- TrademarkInfringement
L-' Reapportionment
410 Antitrust
450 Commerce/ICC
Rates/Etc.
CONTRACT
120 Marine
130Miller Act
ii 140 Negotiable
Judgment
490 Cable/Sat TV
DefaultedStudent
153 Recovery of
"-I Suits
rn
190 Other
Contract
195 Contract
Product Liability
196 Franchise
REAL PROPERTY
ii 160 Stockholders'
896 Arbitration
Vet. Benefits
893 Environmental
Matters
fj Overpayment of
Act
152 Recovery of
850 Securities/Com-
modities/Exchange
Agency Decision
Condemnation
fj 220 Foreclosure
950 Constitutionality of
State Statutes
CV-71 (11/13)
Ejectment
Case Number:
M. INJURY;
315 Airplane
Product Liability
370Cither Fraud
371 T uth in Lending
380Other Personal
ii
Propejrty Damage
Product Liability
360 Other Personal
Injury
CM. RIGHTS
540Mandamus/Other
550Civil Rights
830 Patent
840 Trademark
SOCIAL SECURITY
861 HIA(1395ff)
862Black Lung (923)
863DIWC/DIWW (405(g))
864SSID Title XVI
I I Conditions of
Confinement
FORFEITURE/PENALTY <
422 A jpeal 28
USC 1 58
Liability
535Death Penalty
Other:
BAN CRUPTCY
340 Marine
820 Copyrights
fj 463Alien Detainee
PROPERTY RIGHTS
Habeas Corpus:
Slander
LI Seizure ofProperty 21
USC 881
690Other
LABOR
440I0:her CivilRights
rI 710 Fair Labor Standards
441 V >ting
Personal Injury
Product Liability
368 Asbestos
L-1 Disal
Disabi
Personal Injury
Product Liab'
PRISONER PETITIONS
ii 465 0|ther
rI 510Motions to Vacate
' Immijiration Actions
Sentence
TORTS
D 530 General
PERSON VL PROPERTY
D 310 Airplane
Enforcement of
Property
4'
150 Recovery of
rn Overpayments
Liability
IMMIGRATION
II Instrument
fj 460 Deportation
fj 110Insurance
Disabiities-
LJ Act
fi 720 Labor/Mgmt.
"' Relations
Leave Act
Emplc yment
ities-Other
4481E( lucation
Litigation
ii 791 Employee Ret. Inc.
L-' Security Ag
CVTV-uimb
CIVIL COVER SHEET
Page! of 3
VIII. VENUE: Your answers to the questions below will determine the division ofthe Court to which this case will most likely be initially assigned. This initial assignment
is subject to change, in accordance with the Court's General Orders, upon review by the Cd,urt of your Complaintor Noticeof Removal.
Question A: Was this case removed from
state court?
Yes 0
No
I | Los Angeles
Western
Western
Orange
Southern
Eastern
A PLAINTIFF?
Yes B
No
. Question G Location of
INITIAL
DIVISION IN
A DEFENDANT?
Western
Obispo
Orange
Orange
Other
Other
Obispo
Orange County
^^
Western
Southern
Eastern
Western
F.
Riverside orSan
Bernardino Counties
District ofCalifornia
Other
CI
I I Los Angeles
.CACD IS:
,., < i.
C.2. Is
SOUTHERN DIVISION.
EASTERN DIVISION.
^^
CV-71 (11/13)
Page 2 of3
IX(a). IDENTICAL CASES: Has this action been previously filed inthiscourt aiddismissed,
i
remanded orclosed?
[x] NO
Q YES
[x] NO
Q YES
IX(b). RELATED CASES: Have any cases been previously filed in this court thajt are related tothepresent case?
Ifyes, list case number(s):
vv'
ii .
. .
| | B. Call for determination ofthe same orsubstantially r Hatedor similar questions of law and fact; or
| | C. For other reasons would entail substantial dupliiicatibn of labor if heard by different judges; or
I | D. Involve thesame patent, trademark orcopyright.t, ar)d oneofthefactors identified above ina,b orcalso is present.
X. SIGNATURE OF ATTORNEY
DATE: /y^/C*//
Notice to Counsel/Parties: The CV-71 (JS-44) Civil Cover Sheet and the information1 contain
...
id herein neither replace norsupplement the filing andservice of pleadings or
otherpapers as required bylaw. This form, approved bythe Judicial Conference ofthe United States in September 1974, is required pursuant to Local Rule3-1 is not filed
butisused bytheClerk ofthe Court forthe purpose ofstatistics, venue andinitiating the;civ I docketsheet.(For moredetailed instructions, see separateinstructions sheet).
Abbreviation
HIA
All claimsfor health insurance benefits (Mepiicare)under Title18, Part A,of the SocialSecurityAct,as amended. Also,
include claims by hospitals, skillednursing acilities, etc.,forcertification as providers ofservices underthe program.
(42U.S.C.1935FF(b))
862
BL
All claims for"Black Lung" benefits underTitle 4,Part B, ofthe Federal Coal Mine Health andSafety Act of1969. (30 USC
923)
863
DIWC
863
DIWW
864
SSID
865
RSI
Allclaims filed by insured workers for disab lity insurance benefitsunder Title 2 of the Social Security Act, as amended;plus
all claims filed for child's insurance benefits based on disability. (42 U.S.C. 405 (g))
All claims for supplemental security income payments based upon disability filed under Title 16oftheSocial Security Act, as
amended.
All claims for retirement (old age) and survivors benefits under Title 2oftheSocial Security Act, asamended.
(42 U.S.C. 405(g))
CV-71 (11/13)
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