Butt Sketch Lawsuit

Case 3:10-cv-01223-K Document 1 Filed 06/22/10 Page 1 of 14 PageID 1
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
KRANDEL LEE NEWTON, §

an individual, §
Plaintiff, §
§ CIVIL ACTION NO.
§
v. §
§
MIKEY B' S PERFECT IMAGE, LLC, §
and MICHAEL BERGENHOLTZ, § A JURY IS DEMANDED
doing Business as www.dallasparty.com. §
www.instantpartyideas.com. §
www.dfwbands.com. §
www.wowvipevents.com. and §
www.dallasrentalstore.com §
Defendants. §
PLAINTIFF'S ORIGINAL COMPLAINT
Plaintiff, Krandel Lee Newton, files this his original Complaint, by and through his
attorneys, and alleges that:
I. PARTIES
1. Plaintiff I(randel Lee Newton is an individual who resides in Dallas County,
Texas, and is sometimes hereinafter referred to as "NEWTON."
2. Upon information and belief, Mikey B's Perfect Image, LLC is a Texas limited
liability corporation with offices at 4300 Marsh Ridge, Suite 110, Carrollton, Texas 75010.
Summons may be delivered to Mikey B' s Perfect Image, LLC, through its registered agent and
President, Michael Bergenholtz, 3812 Sunflower Lane, Plano, Texas 75025. Defendant Mikey
B's Perfect Image, LLC is sometimes hereinafter referred to as "MBPI."
3. Upon information and belief, Michael Bergenholtz is an individual who resides at
3812 Sunflower Lane, Plano, Texas 75025, does business at 4300 Marsh Ridge, Suite 110,
PLAINTIFF'S ORIGINAL COMPLAINT PAGE 1 OF 14

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Carrollton, Texas 75010 under the following internet domain names, www.dallasparty.com.
www.instantpartyideas.com. www.dfwbands.com. www.wowvipevents.com. and
www.dallasrentalstore.com. [Collectively hereinafter referred to as "MB's Domain Names"]'
Defendant Michael Bergenholtz may be served at 3812 Sunflower Lane, Plano, Texas 75025,
and is sometimes hereinafter referred to as "Bergenholtz."
4. Upon information and belief, the "Contact Information" for
www.dallasparty.com, www.dfwbands.com, and www.wowvipevents.com refers to the contact
address of 4300 Marsh Ridge, Suite 110, Carrollton, Texas 75010, with www.dallasparty.com
also referencing Defendant MBPI. See attached Pleading Exhibit "A."
5. Upon information and belief, the "Contact Us" information relating to
www.dallasrentalstore.com refers to the "Dallas Rental Store" as "a division of Mikey B's
Perfect Image, LLC." The "Contact Us" information relating to www.instantpartyideas.com
references MBergenholtz@mac.com. See attached Pleading Exhibit "B."
6. Upon information and belief, all of the aforementioned MB's Domain Names
identify Defendant Bergenholtz as the "Registrant" and "Administrative, Technical Contact."
See attached Pleading Exhibit "C." Defendant MBPI and Defendant Bergenholtz are sometimes
hereinafter referred to collectively as "Defendants."
II. JURISDICTION AND VENUE
7. This action is for acts of infringement of a federally registered service mark, trade
dress infringement and federal unfair competition arising under the Trademark Act of 1946, as
amended (the Lanham Act), 15 U.S.C. § 1051, et seq. This Court has jurisdiction pursuant to 15
U.S.C. § 1121 and 28 U.S.C. § 1338(a). This Court has jurisdiction over the related state and

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common law claims pursuant to the Court's pendant jurisdiction under 28 U.S.C. § 1338(b).
Venue is proper in this district pursuant to 28 U.S.C. § 1391.
III. PLAINTIFF NEWTON'S RIGHTS
8. Since about September 1987, Plaintiff NEWTON has been in the business of
providing specialized artistry services (hereinafter "Services"). These specialized artistry
Services include focusing on individualized, true likeness, rear-perspective portraits that are
typically quickly drawn with charcoal/chalk/marker media and that typically have a retail price
less than $25, all of which is hereinafter collectively referred to as NEWTON'S Trade Dress.
9. Since about September of 1987, NEWTON has provided his Services III
association with the mark "BUTT SKETCH," with NEWTON'S original Services being initially
provided on the comer of Corbin and Market Streets in the West End in downtown Dallas,
Texas, being approximately 150 yards from the West End Market Place.
10. Since inception, Plaintiff NEWTON has grown and developed his Services and
associated Trade Dress into a nationwide program. Having enjoyed high visibility and having
been the subject of extensive, widespread commentary in national press/magazines (i.e. in Texas,
Pennsylvania, California, Nevada, District of Columbia, Oklahoma, Florida, Georgia, New York,
and Michigan, among others) and on national television (such as CNN, Headline News, "Access
Hollywood," "Donnie & Marie," "Funny People" and "Real People "), Plaintiff NEWTON'S
specialized and unique high-quality custom artistry Services have become well known in the
industry and are associated with his "BUTT SKETCH" mark, as has his distinctive, non-
functional artistic Trade Dress. For example, see attached Pleading Exhibit "D" reflecting a
selection of newspaper articles about NEWTON and his Services.

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11. Plaintiff NEWTON has enjoyed much marketplace success in providing his
Services under and in association with his "BUTT SKETCH" marquee and Trade Dress.
NEWTON has provided his specialized artistry Services for such noteworthy companies as
Adolph Coors Company, Ceasar's Tahoe, Commonwealth Mortgage, Dallas Apparel Mart, GTE
Telephone, Johnson & Johnson, Merrill Lynch, Mobil Oil, Pilgrim's Pride, Southwest Airlines,
Tandy Corporation and Xerox Corporation, to name a few. Plaintiff NEWTON has further
provided his Services at many local/national benefit programs, as well as a wide variety of
diverse events, including charitable fund raisers, radio promotions, corporate conventions,
parties, weddings and store promotions. Further Plaintiff NEWTON promotes and markets his
"BUTT SKETCH" mark and his associated Trade Dress on his website at www.buttsketch.com.
as shown on the attached Pleading Exhibit "E."
12. As a result of this 20 year plus period of exclusively providing his specialized
artistry Services throughout the United States, Plaintiff's NEWTON'S Trade Dress has acquired
a secondary meaning in the marketplace as identifying Plaintiff NEWTON and his specialized
artistry Services.
13. Plaintiff NEWTON is the owner of all right, title and interest in and to United
States Service Mark Registration No. 1,551,410 for "BUTT SKETCH" (hereinafter the "'410
Registration") as registered on August 8, 1989. A true and accurate copy of the '410
Registration is attached hereto as Plaintiff's Pleading Exhibit "F." The' 410 Registration is
owned by Plaintiff NEWTON and such registration is valid, subsisting, and incontestable.
Plaintiff NEWTON also owns all appertaining good will associated with the '410 Registration
and his Trade Dress.
PLAINTIFF'S ORIGINAL COMPLAINT PAGE40F 14

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IV. DEFENDANTS ACTIVITIES
14. Between 2005 and 2007, Defendants MBPI and Bergenholtz, functioning as an
agent/event planner did business with Plaintiff NEWTON wherein Defendants promoted
Plaintiff NEWTON on their website and directed clients towards Plaintiff NEWTON'S artistry
Services as associated with his Trade Dress and his "BUTT SKETCH" mark. Client events
typically were based upon contracts existing between Defendants and Plaintiff NEWTON.
15. Upon information and belief, beginning in mid to late 2006, Defendants engaged
in the consistent pattern of "slow pay" for executed contractual events with Plaintiff NEWTON.
Further, Defendants started to routinely challenge and resist paying overtime fees incurred by
Plaintiff NEWTON. As a result, towards the end of 2006, the outstanding balances due to
Plaintiff NEWTON grew to a level such that Plaintiff NEWTON demanded payment. Plaintiff
NEWTON'S demand was not met and Plaintiff NEWTON decided to terminate the relationship
with Defendants.
16. By a letter dated on or about April 4, 2007, Plaintiff NEWTON demanded that
Defendants cease and desist from using Plaintiff NEWTON'S Trade Dress and his "BUTT
SKETCH" mark. Subsequently, Plaintiff NEWTON discovered that Defendants began
providing identical custom artistry Services as those provided by Plaintiff NEWTON in the same
venues and geographic areas where Plaintiff NEWTON had long provided such specialized
artistry Services. In addition, Defendants were providing their services under the mark "BUTT
SKETCH" and utilizing Plaintiff NEWTON'S Trade Dress.
17. Upon information and belief, unbeknownst to Plaintiff NEWTON, Defendants
have undertaken a course of conduct designed to expand their usage of NEWTON'S distinctive
artistry Services and Trade Dress and further began promoting their own artistry Services in
PLAINTIFF'S ORIGINAL COMPLAINT PAGESOF 14

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association with the "REAR VIEW SKETCH" mark, while utilizing Plaintiff NEWTON'S Trade
Dress.
18. For example, on Defendants' www.dallasparty.com website, there is a reference
to "the REAR VIEW SKETCH", as attached hereto is Plaintiff s Pleading Exhibit "0", which
includes a photographic image of Plaintiff NEWTON in association with Defendants "REAR
VIEW SKETCH" mark. Notably, this website listing of Defendants references that "The
charcoal sketches ... were made famous on a street comer in the historic West End Market Place,
a retail, night club and restaurant Mecca in Dallas, Texas."
19. Upon information and belief, as a result of the marketing efforts by Defendants in
the Northern District of Texas, in Texas and elsewhere in association with the mark "BUTT
SKETCH," "REAR VIEW SKETCH" and using Plaintiff NEWTON'S Trade Dress as its own,
Defendants have misappropriated Plaintiff NEWTON'S "BUTT SKETCH" mark as associated
with his custom artistry Services by adopting the confusingly similar designation "BUTT
SKETCH," for identical artistry Services, while simultaneously copying the inherently
distinctive, arbitrary Trade Dress of Plaintiff NEWTON.
20. Upon information and belief, Defendants custom artistry Services are identical to
those provided by Plaintiff NEWTON. Defendant's use of "BUTT SKETCH" or the Trade
Dress is likely to cause some confusion, mistake and to deceive the public in that Defendants
Services are likely to be mistaken for and confused with Plaintiff NEWTON'S services as
associated with Plaintiff NEWTON "BUTT SKETCH" mark and his Trade Dress. Furthermore,
Defendants use of "REAR VIEW SKETCH" is likely to create the mistaken impression in the
public that Defendants or their services are endorsed by Plaintiff NEWTON or that Defendants
are sponsored by, affiliated with or in some manner associated with Plaintiff NEWTON. Not
PLAINTIFF'S ORIGINAL COMPLAINT PAGE 60F 14

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only is there a likelihood that confusion will occur in the marketplace, upon information and
belief, there has been actual marketplace confusion occasioned by the aforementioned acts of
Defendants.
21. The acts of Defendants, as alleged herein, are without license, permission or
consent of Plaintiff NEWTON and Defendants have been on notice of such since at least as early
as April 4, 2007.
22. Upon information and belief, all acts of Defendants are willful and malicious.
23. The acts of Defendants, as alleged herein, have caused, and unless restrained by
the Court, will continue to cause serious and irreparable harm to Plaintiff NEWTON, and to the
good will of his custom artistry Services as associated with Plaintiff NEWTON'S "BUTT
SKETCH" mark and his distinctive Trade Dress.
24. Defendants utilization of the "REAR VIEW SKETCH" mark so closely resembles
Plaintiff NEWTON'S "BUTT SKETCH" mark along with Defendants adoption and use of
Plaintiff NEWTON'S Trade Dress, while Plaintiff NEWTON continues to currently and actively
expand his specialized artistry Services, if allowed to continue may destroy and/or irreparably
injure Plaintiff NEWTON'S market for his Services provided in association with his "BUTT
SKETCH" mark and his Trade Dress in this District, in Texas and elsewhere.
25. Plaintiff NEWTON'S remedy at law is not adequate to compensate Plaintiff
NEWTON for the injury threatened since he is entitled to be in control of the use of his "BUTT
SKETCH" mark and his Trade Dress to advertize, market, promote and sell his Services and to
identify such Services with Plaintiff NEWTON as the sole source and origin of his well-known
high quality, low cost, custom artistry Services and all good will appertaining thereto.

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V. COUNT 1 - INFRINGEMENT UNDER THE LANHAM ACT
26. Plaintiff NEWTON repeats and realleges paragraphs 1 through 25 of this
Complaint and the acts of Defendants set forth therein are incorporated as a pleading to this
Count.
27. The unauthorized use by Defendants of "BUTT SKETCH" and "REAR VIEW
SKETCH" in association with Defendants offering for sale, selling and advertising their custom
artistry Services in commerce constitutes an infringement of Plaintiff NEWTON'S federally
registered "BUTT SKETCH" mark of the '410 Registration, which infringement is likely to
cause Plaintiff NEWTON injury and damage in violation of § 32 of the Lanham Act, 15 U.S.C.
§ 1114.
VI. COUNT 2 - DESIGNATION OF ORIGIN
Count.
29. The unauthorized use by Defendants of "BUTT SKETCH" and "REAR VIEW
SKETCH" in association with Defendants offering for sale, selling and advertising their custom
artistry Services in commerce constitutes a false designation of origin - a knowing, false
description or representation - regarding the Services offered or provided by Defendants in
commerce and an infringement which is likely to cause Plaintiff NEWTON injury and damage in
violation of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).

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VII. COUNT 3 - TRADE DRESS INFRINGEMENT

AND FEDERAL UNFAIR COMPETITION
Count.
31. Defendants unauthorized adoption and use of Plaintiff NEWTON'S distinctive,
unusual, non-functional Trade Dress and associated custom artistry Services resulting in
Defendants providing identical Services in association with identical Trade Dress constitutes
trade dress infringement and federal unfair competition in commerce and an action which is
likely to cause Plaintiff NEWTON injury and damage in violation of § 43(a) of the Lanham Act,
15 U.S.C. § 1125(a). Defendants use of such Trade Dress is likely to cause confusion as to the
affiliation, connection or association of Plaintiff NEWTON'S Services with those of Defendants,
all in further violation of 15 U.S.C. § 1125(a).
VIII. COUNT 4 - RELATED STATE SERVICE MARK INFRINGEMENT,

COMMON LAW VIOLATIONS AND UNFAIR COMPETITION
Count.
33. Upon information and belief, Defendants have infringed and continue to infringe
upon Plaintiff NEWTON'S common law rights by adopting and using a colorable imitation of
Plaintiff NEWTON'S distinctive "BUTT SKETCH" mark and his Trade Dress in connection
with Defendants advertising, marketing and offering for sale their custom artistry Services,
knowing full well of Plaintiff NEWTON'S prior rights in and to his common law marks.
PLAINTIFF'S ORIGINAL COMPLAINT PAGE90F14

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34. Upon information and belief, Defendants have intentionally selected the "REAR
VIEW SKETCH" mark to trade upon the good will and reputation of Plaintiff NEWTON that
Plaintiff NEWTON has developed in association with his "BUTT SKETCH" mark in the
advertising, marketing and sale of his custom artistry Services. The use of "REAR VIEW
SKETCH" by Defendants and/or the providing of the specialized custom artistry Services when
offered to others is confusingly similar with Plaintiff NEWTON'S "BUTT SKETCH" mark and
his Services.
35. Upon information and belief, there is not only a likelihood of confusion but actual
confusion has occurred in the Northern District, in Texas and elsewhere because of the acts of
Defendants in commerce.
36. Upon information and belief, Defendants adoption of the "REAR VIEW
SKETCH" mark and Trade Dress has enabled them to deliberately pass off and palm off their
custom artistry Services as those of Plaintiff NEWTON, with the intent to deceive and defraud
the public.
,
37. Upon information and belief, such actions of Defendants not only have deceived
the purchasing public but cause irreparable injury to Plaintiff NEWTON'S good will and further,
damage Plaintiff NEWTON'S ability to efficiently run and expand his operations. Defendants'
use of the "REAR VIEW SKETCH" mark and the Trade Dress of Plaintiff NEWTON misleads
and deceives the public by causing the public to believe erroneously that Defendants custom
artistry Services have the sponsorship or approval of Plaintiff NEWTON.
38. Upon information and belief, Defendants have engaged in unfair competition and
continue to engage in unfair competition with Plaintiff NEWTON in that Defendants have
knowingly, willfully and fraudulently appropriated Plaintiff NEWTON'S "BUTT SKETCH"
PLAINTIFF'S ORIGINAL COMPLAINT PAGE IOOFl4

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mark and his Trade Dress by adopting and using the "REAR VIEW SKETCH" mark and Trade
Dress in association with Defendants' artistry Services.
39. Upon information and belief, the adoption by Defendants of the "REAR VIEW
SKETCH" mark and the Trade Dress is confusingly similar to that of Plaintiff NEWTON'S mark
and Trade Dress and not only is there a likelihood of confusion but actual confusion has resulted.
This attempt by Defendants to trade upon Plaintiff NEWTON'S good will and reputation and to
unlawfully appropriate the benefit of Plaintiff NEWTON'S years of marketing exposure
constitutes unfair competition by Defendants.
40. The purposefully deceptive use of the "REAR VIEW SKETCH" mark and Trade
Dress by Defendants has caused irreparable damage to Plaintiff NEWTON'S reputation and
good will as symbolized by his "BUTT SKETCH" mark and his Trade Dress and will continue
to cause damage unless Defendants are enjoined from such actions.
IX. COUNT 5 - INJURY TO BUSINESS REPUTATION
Count.
42. Upon information and belief, the actions of Defendants are likely to injure the
business reputation of Plaintiff NEWTON'S custom artistry Services, his "BUTT SKETCH"
mark, and associated Trade Dress, all in violation of the provisions of V.T.C.A., Tex. Bus. &
Comm. Code § 16.29 (1989).
X. DAMAGES
43. The amount of actual damages and lost sales sustained by Plaintiff NEWTON
and/or profits of Defendants under Count 1 - Count 5 is not ascertainable at the time of filing of

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this Complaint, but will be ascertained more clearly during pre-trial discovery and will be plead
with more specificity at the conclusion of discovery; however, upon information and belief, such
damages are well in excess of $100,000, exclusive of interest and costs.
XI. PRAYER FOR RELIEF
WHEREFORE, Plaintiff NEWTON prays for the following relief:
(a) That Defendants, their officers, agents, servants, affiliates, employees, attorneys
and representatives and all those in privity or acting in concert with Defendants and each and all
of them be permanently enjoined from directly or indirectly:
(i) Using the words "BUTT SKETCH," "REAR VIEW SKETCH" or any
other words confusingly similar to "BUTT SKETCH" in association with custom artistry
Services, all of which is confusingly similar to the "BUTT SKETCH" mark that Plaintiff
NEWTON uses in association with his custom artistry Services;
(ii) Performing any act or using any word, name, style, or mark which is likely
to cause confusion, to cause mistake, to deceive or otherwise mislead the trade or public
into believing that Plaintiff NEWTON and Defendants are one in the same or in some
way connected, or that Plaintiff NEWTON is a sponsor of Defendants or their services, or
that Defendants are in some manner affiliated, associated with or under the supervision or
control of Plaintiff NEWTON, or that the Services of Defendants originated or is
approved by Plaintiff NEWTON, or is likely in any way to lead the trade or public to
associate Defendants with Plaintiff NEWTON;
(iii) Using any words, names, styles, titles or marks which create a likelihood
of injury to the business reputation of Plaintiff NEWTON or a likelihood of

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misappropriation or dilution of Plaintiff NEWTON'S mark and all good will associated
therewith;
(iv) Performing any custom artistry Services which utilize the Trade Dress of
Plaintiff NEWTON or in any other manner suggest an association, affiliation or a
sponsorship of Defendants with the custom artistry Services of Plaintiff NEWTON; and,
(v) Using any trade practices whatsoever, including those complained of
herein, which tend to unfairly compete with or injure Plaintiff NEWTON'S business or
good will;
(b) That Defendants be required to account for and pay over to Plaintiff NEWTON
all gains, profits and advantages derived by Defendants from the activities herein complained of;
(c) That all labels, signs, prints, packages, wrappers, receptacles and advertisements
in the possession of Defendants bearing the words "BUTT SKETCH" andlor "REAR VIEW
SKETCH" and all plates, molds, matrixes and other means of making same, shall be delivered up
for destruction pursuant to 15 U.S.C. § 1118;
(d) That Plaintiff NEWTON recover from Defendants treble the amount of actual
damages suffered by Plaintiff NEWTON pursuant to 15 U.S.C. § 1117;
(e) That the Court award punitive and exemplary damages against Defendants and in
favor of Plaintiff NEWTON in the sum of no less than $100,000 by reason of Defendants fraud
and palming off;
(f) That this case be deemed exceptional and that Plaintiff NEWTON be awarded his
reasonable attorneys fees pursuant to 15 U.S.C. § 1117 and other applicable laws;
(g) That Plaintiff NEWTON be awarded his costs of this litigation; and,

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(h) That Plaintiff NEWTON receive all other, further or different, relief as this Court
may deem just and proper.
XII. JURY DEMAND
Pursuant to the Federal Rules of Civil Procedure, Rule 38(b), Plaintiff NEWTON hereby
demands a trial by jury in the above-identified action.
Dated: June 22,2010 By:I--_ _ _ _ _ _-----'=---_ _ _---'-_----"..<'-----+

.chard L. Schwartz
Texas Bar No. 17869500
WHITAKER, CHALK, SWINDLE & SA
301 Commerce Street, Suite 3500
Fort Worth, Texas 76102-4186
(817) 878-0524 - Telephone
(817) 878-0501 - Facsimile
rschwartz@whitakerchalk.com
ATTORNEY FOR PLAINTIFF,

KRANDEL LEE NEWTON
PLAINTIFF'S ORIGINAL COMPLAINT PAGE 140F14

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4300 Marsh Ridge Rd.
Suite 110
Carrollton, Tx 75010
(972) 300-4100
Directions:
From the Dallas Tollway:

Exit Park Blvd in Plano and go west 2 miles (pass WillowBend Mall). Park Blvd turns in to Hebron
Pky (544). Once you pass over the Rail Road Tracks tum right on Marsh Ridge. 118 of a mile on your
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right. We are the middle Suite in the complex. 4300 Marsh Ridge Suite 110. No sign for us yet on top
of the building. Suite number next to front door.
From 121IToll Road:

Exit Hebron Parkway and go west on Hebron. Go about 5 miles. (Pass Josey Lane). After you pass
the Rail Road Tracks turn left at the light on Marsh Ridge. (If you get to Marsh, you went too far). 118
of a mile on your right. We are the middle Suite in the complex. 4300 Marsh Ridge Suite 110. No
sign for us yet on top ofthe building. Suite number next to front door.
From 635 and 35E: Take 35e North to Trinity Full

Take Frankford exit and stay on the service road, continue straight pass Frankford and turn Left on
Marsh Lane. Make a left on E Hebron Parkway. Once you pass over the Rail Road Tracks turn right
on Marsh Ridge. 118 of a mile on your right. We are the middle Suite in the complex. 4300 Marsh
Ridge Suite 110. No sign for us yet on top of the building. Suite number next to front door.
From the DFW Airport:

Follow signs to TX-121 North Bear Left on to Hwy 121 Bypass Partial a Toll Road Go 5 miles to
Hebron Pkwy exit. Take this exit and make a right on Hebron Pkwy Go exactly 4.3 miles and look for
Marsh Ridge Road at a light. Make a left on Marsh Ridge (if you pass Marsh Lane you went too far)
1/8 of a mile on your right. We are the middle Suite in the complex. 4300 Marsh Ridge Suite 110. No
sign for us yet on top of the building. Suite number next to front door.
h/1 Q f')() 1 ()
PLEADING
EXHIBIT "B"
Case
Wedding 3:10-cv-01223-K
Rentals Document
Dallas TX Rental Store 1-2 Filed 06/22/10 Page 2 of 3 PageID Page
24 1 of 1
Contact Us
Dalias Rental Store for !"",oi.!eta,,;. for Plesentations,
About Us Contacts
Conferences, Events, Rental Make
Products Reservations
Equipment delivery, set-up, and system operation

is available in Dallas and all suburbs including surrounding areas.
Services are also available country-wide. Stantions & Red Carpet
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Contact Dallas Rental Store today to schedule your next rental! Mac I PC Computers
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If you do not see the specific item you are looking for, please contact us - Speakers I Microphones
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Minimum pickup order is $50 - MirlUmum order with our delivery 8< setup service is $320 Carnival Games
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Home Rental Products .. Contact Us - Make Reservations - Site fVlap
©2008 DallasRentalStore.com - Mikey B's Perfect Image, LLC.

No images or content may be used from this site without expressed written permission.
oil R/201 0
InstantCase
Party3:10-cv-01223-K Document 1-2
Ideas Instant Photography Filed 06/22/10 Page 3 of 3 PageID Page
25 1 of 1
~1.N'9:ANTtPART:'f INSTANTPARTVIDIAS.COM
11).£A:S,(~M
Welcome to the Instant Party Ideas com our corporate website of our services. We are united
in a common mission of making your memories-INSTANTLY
Instant Party Ideas.com's blend of creativity, professionalism and innovation are the driving
force in striving to bring breakthrough instant photography products to your event.
Our website is designed to explain our company's mission and products. We invite you to
explore our site and hope that it provides you with insight into our company, our goals and
our creative instant photography services. If you would like more information or have
questions about our company, please contact us at mbergenholtz@mac.com or by calling
(800) 709-9543 We value your interest and feedback and look forward to hearing from
you
J::!Qm.!: I
~ SEE I ALL INSTANT PRODUCTS I ~
~ I
Locations I Contact Us I Request a Quote
© 2006 Instant Party Ideas com I (800) 709-9543
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Created on: 02-FEB-99
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BERGENHOLT, MIKE mike@dallasdj.com
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PLEADING
EXHIBIT "D"
THE WALL STREET JOURNAL.

WEDNESDAY, JUNE 21, 1995
MARKETPLACE
Behind a Sketch ist's Success:
A Unique Perspective on Subjects
By CARLOS TF"JADA
Staff Repomr of TU.E WIU,L STREE1' JOUItNAL
Within the genre of realUstic portraiture.
Krandel Lee Newton stands apart. His sub--
jects have neither the subtle emotion of a
Mona Lisa nor the strong profiles of Tho-
mas Hart Benton's American Tributes. In
fact} hia portraits rarely include faees.
The 36-year-old Dallas arlUst sketches
people from behind. With this unorthodox
angle, Mr. Newton has established a boom-
ing business that employs four other art,..
ists. Companies hire them for $200 to $225
and hour t.o draw rear~view portraits at con-
ventions nationwide. The self-taught artist
says his annual gross income is "in the six Mr. Newt.on·s work
figures.'}
A more pretentious artist might have Since then, Mr. Newton says his com~
named his business the Original Posterior pany has produced 150~OOO olthe cluu"Coal
Sketch, but the personable Mr. Newton sketches. ~jles tasteful, it~$ safe, and itts
chose what some might can the B-word. fast," he says.
Mr. Newton once worked as an engineer "Be's a really good attraetion,t' adds Ed
at Westinghouse Electric. but quit 10 years Baruch, president of Baruch/BET Enter-
ago to practice art. He got the idea for hUs tainment, a television syndicator that has
company a few years later when he was emp10yed Mr. Newton for five years. *The
working as a sidewalk artist in Dallas. He general man.agers of top stations come by
was painting the backs of parade watchers with their spouses; .. The reaction when
when a passerby offered to buy his work. he's done is t {Hey, that's mel' ti
(214) 92$3·BUTT WORLD HE.AOQU.l\mSRS

(2U8) ROo BOX 4495
DAlLAs'. IX 75208·4495
n *'**'*'* ... 111 I I

ON
Unique portraits give bottoms top billing
The Original Butt Sketch artists give subjects a different perspective
By KATE PERRY, Stafl:'writer
TROY - Never thought offramiog a sketched a row of parade watchers from
portrait of your butt? behind and someone offered to buy the
sketch.
Then you've never met Pjae Adams.
Since then,. Ne\vton and his artists have
Under a festival tent at Rensselaer worked events ranging from corporate
Polyt~hl1ic [nstitute's Fall Fest Satur-
parties to weddings. Adams said the
day, Adarl1s turned behinds ~~ along host of tile event, in this case RPI. pays
with the heads, backs and legs above
a flat rate to tbe artists. Attendees take
and beneath them -- into tine art. home their personalized skelches for
The festival, an event open to the com- free.
munity. was held during this weekend's Adams sketches bet\veen 70 and 100
annual family weekend at the college.
butls at each event. with each one
A continuous line ofpeople snaked taking about 2112 minutes. She studied
toward the 29-year-old artist and her visual communications at the Dallas
Gasel, which faced an ever-Changing Institute of Art, she said. but her love of
lineup of rear ends. fine art comes through ill the sketches.
They look like something from the
Most belonged to college students, and sketch pad of a fashion designer. PjIlC Adams $ketehes Ille WC$I family ftQfrt behind,
a lew \¥ere attached to moms, but in Sawrday at RPf's Fall Fest. Adafn;s is bile bf:seven
Adams's charcoal sketches, they all Saturday, Adams looked as if she could arti:sts with The Original Butt Skel.cll,a Dallas
ha ve bt,-ctl working at a portrait studio company that pro" ides (Shanoon DeCelle I Spedal
looked like they should be sa:shaying to Ille Times Union)
down a runway. .~s she .trranged four RPJ students for a
group portrait. She shifted them around
The models. of course, were thrilled by their 'waist.'> and told One she needed that?" she asked. "Your baek is always
with the results. a little more attitude. Adams demon· left out."
slmted what she meant, standing in
nl think pi.'Ople have an unrealistic per- When Adams finished the girls shrieked
front of the girl with her hand on her
spective ofthemselves from this angte; about how cute 1be drawing was, and
Ihey are ah...ays surprised," Adams said.
waist and her hip cocked.
how much nicer their butts looked on
"But this ,vay they get to see what ( When she returned to her easel and paper.
see:' began drawing, the girls giggled at the
thought of their soon..,to.. be portra,it and Next, an RPI student. her young nieee
What she sees, apparently, is perky and her mom lined up for their sketch.
what drew them to the Original Butt
butts. Even the dowdiest middle-aged standing a little sliftly in the attitude-
derriere looks round and perfectly pro-
Sketch booth.
infused poses in which Adams posi.
portioned when she draws it. But "It had the \\'Ord 'butt' in it. we knew it tioned them. When they saw the
Adams insists she doesn't draw to had to be fun," said senior Sharmin picture, the tittle girl smiled and contin-
flatter. She says it's personalities she's Rahman from Latham. ued striking her hand.nn.hip pose
really sketching. around the tent.
Himani Suhag" an electrical and com-
Adams is one of seven artists from puter systems engineering major from MTheir contidence comes out when they
Dallas-based company The Original Little Falls, was interested in the unique do this, II Adams said. "You usually see
Butt Sketch. In the mid-l 980s, the corn- perspective of the drawing. a little something in them atterwardthat
pany's founder, Krnndel Lee Nc\vron, you didn't before."
was working as a strl."Ct artist when he "When do you ever have a picture like
l'1:fTY.lID be ~~ 314$4-SW2 m by "".\$it 3!
Lp<:tI)"!!:llm<$UhKlo,OOfflI
f-~'--------------------------------------------~--~------
Batt· ~'·etc'£_
tIIJK. I'..,
214-943-BUTT (2888) WORLD HEADQUARTERS
P.O. BOX 4495
ALBUQUERQUE JOURNAL
tlOMI,OWNW<...,.£1 Hm'P'OP!lIAUI). MAm IN nIl USA fiNAL *-
1£31\D '''MjLN~ 94 - lJa Y""f:j; IN to SfCl1iON$ FRIDAY MORNING. APRIl. 4. 2003 ~q~~~('jo -twy#-
GIIlOU..
$MCmKlaft.
",It...
Newton.
rfCht. d'fft.
the beblrul.
of (leA to
rllllt) Bfi.
WlYMcMu&.
Ia.A. 8t..
.tIIe_
Blue ad
JUIe_
E. . .
~Aow
.tu..AJIJu..
querque
conv.ntkm
Ci'lJttitet.
ARTIST TAKES A REAR VIEW TO SUCCESS

WITH UNCONVENTIONAL PORTRAITS
• _ _ _ _ ""'_...-:.....-_..... _lIIL~--:;-.::;;:;;:::t
Artist takes a rear view to achieve success, security
~Oy ~I. Lt:t; NtwJQN

RIIIIID tHE t1lIIID Kraft.
. . LM Nntot\'. tratteflnc
l~ofJnm"
ftaffMttwLHnne Potts'
pMtedor.
1·~-------------------------------------------------------
'~e""""...
SK ''''''",
B•attr:z:w:;:s: 214-943-BUTT (2888) WORLD HEADQUARTERS
P.O. BOX 4495
t Butt Sketch II • rogilltored trademllrk. All rights fosorvod. DALLAS~ TX 75208-.4465
SATURDAY
+- Apri180. 2005
$t.(JO 144e bo~ d~Jivery

$7 m r ffJj TI ' W1$ 1
Butt Sketch artist draws

bottom lines at NDSU
By Tom Pantera
tpantetaOforumcomm.com
Pjae Adams imJt a
businesswoman, but she has a
ButtSMtch
fme appreciation for a good .... p...
bottom line. Adams of
Of course. as a Butt Sketch Atranta
artist any bottom line is good au10gtaphs Ii
for bee ooareoal
Adams, 28, of Atlanta, was at drawing of four
North Dakota State University North Oakota
Slate Untvetslty
on Friday to take a crack at students:
amusing students there. jnduding
Campus attractions brought Maggie Tarr.
her in as part of this week's td,andJoe
Spring Blast observance. Vebet,second
She set up in Memorial ffOmlei'i.on
Friday.
Union's Cul-de-sac Lounge. Ann MI<It....,
Groups of students jumped up Th!I~
on the stage- some more than

once - and Adams quickly the entire person from the uI admire backsides for a
posed them with their backs to back. from ankles to top of living and call it ajob.u
her sketch pad. head, and looks lik.e the ldnd of Her subjects often are
Some of the students in drawings you see in tasmon pleased, and surprised, by her
lounge barely batted"an eye, magazines. work.
keeping their noses buried in Adams. who wore a S~utt 'urhey don't think they
homework. But as Adams Sketch University" T·shirt, has usually look as good as they
worked, more and more people been depicting derrieres for do," she said "You know what?·
drifted in, their ('What is going four years. She became one of That·s what I'm here foe"
on?tl smiles quIckly turning seven staff artists four years Among satisfied models
into uHez let's have ours done" ago, after meeting Butt Sketch Friday was Maggie Tan; an
looks. Some heckled the originator Krande1 Lee NDSU freslun.an. She and her
models; one cheekily slapped a Newton in her hometown of future roommate, Jenee Rick,
subject's backside. Dallas. posed together and plan to put
Adams worked steadily and '1 was welcomed aboard and the drawing on their dOQ1:
quic~ completing each it's been a beautiful journey Tarr actually had two drawn.
charcoal sketch in a couple of ever since," she said. "r lik.e my bu~·t she said
minutes. ~'Butt sketch,. Wben people ask ber what with a laugh. "I think she's a
actually is a bit of a she does for a living, Adams really great artist"
mhmomf!:r': it'~ R dAni(!tion of ~AV~ ~h~ hA~ A ~ts.nt1Arn l"Pnlv' ........ , . . . , . , . _
~~--------------------------------------~~~~~~.--~-~
...,." ""~
0a"" C!.'."tc'..... 214-943-8UTT (2888) WORLD HEADQUARTERS
RIiL...1&"
2F Sutt Sk.toh I•• ,aol,t.red Irademllrk. AU ,«thIs ••,.rved.
P.O. BOX 4495
OAlLAS. TX 75208-4465
.,liinliifitt Artist capttlfffi
curves fronl behind.
llOace people start SHing ... sketc••,

This artist puts the chic in cheeks theytncl to grcmtotelowani me.II
olloms Up Ir.............Ioa
Origiool Butt Sketch Artisf
In' JIMWITOMUH
enmlPRISE STAfF WRlTtR
grown, Newton has sket<:hed the
HIGH POINT - Friends, Romans, rwnpsofmany a celebrity, Including
countrymen, lend him your rears. Alex. Trebek, r.eeza Gibbons, Jolm
Posterior portraltartist Knodel Goodman and Tony Curtis. He'saL<:o
1M Newton, who has never met a been on oountlessTV programs-
backsid(! h(! didn't like ontleaat '~rica's Funniest People." for
one he wouldn't sketch -, will be at example = and: ba$ been in the Wall
High Point University Thursday, StreetJoornal and other
focusing on the, urn, gluteus publitations.
maximu$. part oHhe student body. Newton said subjects are generally
Newton, a 46-year-old artist from pleased with his butt sketches. willet
Dallas, Texas. makes hisUvlng tend to lop off an inch or two.
drawing cbaroonl sketches o( "Flattery is the key to my
uttocks - a cMeky longevity; no question about it," he
.on. you may say, but don't said.
laugh until you've seen his bottom Newton has even done nu4es upon
line. request. but.not at bis publlc
"I'w appearances.
Ne phoneft"orn Dallas. "I've done pool parties. though,
aclmowredghtghe's been dt'awlnga and elK"'e;n with clothes on. it doesn't
six·figure salarY for several ye.ars. seem like they have clotb1ng on," he
Newton gets, paid by the hour to set said.
up his easel at trade shows, With wometlpractk:ally
corporate events" c9llege campuses encouraging Newton to ogle their
and private parties, and give away rear ends. he joked. "there are a lot of
ti"ee sketch.es of people's hacks ides. men who would ltwe fodo what I'm
doing for a living."
That's what he'll do at HPU want to kOOw how Newton's wife,
Thursday, but his appearance is open Anna, f_aoout that? Well. be met
onJy to students. faculty and staff, her atone of his appearances- she
according to scbool officials, was one ofbis subjects _. "so she's
"Onee people start seeing the • ..' ~iCil\lilI'l$Y\1f_UiUI~ 0001 with It," he said, '~nd shedoos a
sketcll.es. they tend to grav tUlle KtatlQllJll.. N~ likes to ~ a "'flit !)el\!t!d -01' two -In hlJ ~ good job oCspendlng the butt money,"
toward me," says Newton, who dubs Newtonewtl has a tamily portrait,
hlmse1fthe Original Butt Sketch ofsorts, s.h<lwln8 the back sides of him. Anna and their
artist. "Typican~ once I'm about an corner and hustling his paintings of
hour into n, a line forms and it's people and buildings. two chlidren, 5-yeaoold Tristan and3-yearold Semta.
gonna bean hour wait." One day in the mid·l980s,as Ironically, though, U's hanging on the back ofa closet
That's a pretty long Une, Newton painted a scene ofspectators door, Newton said. "You know; .. he explained with a
considerIng he only spends about 2'1:1 wll.t<:hlng a parade .... "It showed the laugh. "that's the krst thing I want to see when I get
minutes per sketch _or, as he puts it, people from behind," he said - a man home ftom work."
"a minute and a quarter per chook." saw the piece and Insisted on buying
w~~. are people so moonstruck by it, even though it was incomplete. He
the sketches? paid $125 for the S.JOOt·h~h canvas.
"r c.an't explain why," Newton says As Newton painted similar parade
with a laugh. "And God knows, J scenes, they also sold. He then began
don't really want to know why.l just sketching people's rear ends - well,
hope it continues." their whole backsides, really - and
As a boy, Newton honed his artistic passersby actua.lly began lining up
abilities copying Mad magazine for his drawings. When one ofhls
drawings and taking art lessons. He subjects invited him to do a trade
eventually turned (tom art. however. show. a new career was born. "I used
earning a degr~ in mechanical to charge by people's shape - flat,
engineering and Jandin a high. round or regular." Nevr'ton said. He
paying job with Westi charged $2, $2,50 and $3. respective~
When that work . he but charging by the hour at
returned to his first love - art - appearances proved. to be more
Newt~ wilo W!l1 ¥lsI.t Hi9h PoInt Universi~ on ~rSday, has been
i
S(!tUng up his easel on a Dal1as street lucrative. Since his fame has
1~~ ____________________________________________________ ~_et_(~~~~~~~~=:~~n'~e:tM~~:.~~~'~::~ ________
Buff Sketch
• SA~J!• • ®
214-943-BUTT (2888)
Bult Sketch is a registered trademark, AU rillhls rosen'ed.

WORLD HEADQUARTERS
P.O. BOX 4495
DALLAS, TX 75208-4465
charcoal t'O paper and captured the images of m'Ore

.000 car ends.
fTony Curtis~ Vanna \Vhite and Jamie Fox:<
have MO\\'l1 Newton their lush. He's taken his artistry to
conventions and parties aU over the ,..,.orld, an w~he
comes to Marnuette University's Altunni Men
Union, 1442 \\i. 'W1seoll$in Ave. There from 9 ~.m. to 1 a.
m., an):'One em BYOB ("'Bring Your Own Butts) and get a
free keister caricature.
Newton split £ron1 his originaleareer as an engip,eer to
his artistic dreanl in 7 and since then has
his skills to the point t'e be can produce a
sketch illjust 21/2 minutes. We with Newton
at the ta il end of one of his gigs in
Q. Why butts? Why not. A. the sign and
say. elbows? no. not my
A. I don't think there's a at is this crazY
market for too many other ...?!" But then somoolie else
parts of the body. Hall' * steps UI), and the same
some l>e'ol}ie have it, some people who pooh-poobed it
don't. Butts everyone has. tend to gravitate back, and
Plus I could l>e like ever), then have to \\"ail an
other artist iu America and hour an a half. e
draw faecs., but you have to reaction is very fa
look high and low for a butl Q. What features inter..
artist. est you artistically when
Q. But is there a down- doing a dupa depu;)tion?
side? A. It "oaries.
A. Not really. except lin- WhileI'm
gering in airports wliile sketching, rU'1
travelling. Poople have ntwnts fa"c:i~
warned me not to get down~ nted by tbe
wi.nd of my subjects.but I \\"a)' people
5 feet in drapetbem-
I've never se1vcsin
reaU encountered much of clotlli.ng,. ev-
that problclll. Hmoo cr):1:hit from
tliht tl ug to
Q. So~ among aU ~ur loo~.fittipg.lt lielp$ me
subjecb, whollad the best POSttiou them.
butt? about arsct au
His good side

Q.
A. Undoubtedly nly wife. I nat
met her while I W~lS sketch- A. Yes. I do nudes Hind
ing her 10 us ago and I that women primarily 27 to
thought: . one 1ha'f'e to 35 arc r~Uy ultercsted Ul
take home." An10ngcelebri* p'resemng an lmage of
tics ~ Joe Namath, Vanc~~ themselves at t For
Butt sketch artist excels WiUia.lns. Alex Treook ()f:
Jeopardy!" '\1)8 one of the
nudes. ! use a
technique, usua Jy pen and
coolest 6ecause he stood in mk.
at bringing up the rear Une for 30 luinutes and Q. You must have to
I)' JACKIE I.00HAUIS
didn't demand to be hustled enaure a constant barrage
~~~~tcom
upro the front of the line. of puns. So MUwaukeeans
randelLee Ne\'Ilt'On makes his c.areer peeping know ahead of time, they
K behind the scenes.

Yes; he's cheeky. Yes, he's a "crack" artist.
He is these things and any 'Other d'Ouble-entendres
Q. And the bi est?
A. John G n. He
need to come up with
something more original
easUy weighs 300 pounds. than the one yo.u hear
most often, wllich is .•• ?
you can snlirk up because Newton is the creator of Q. How do people react
to this whole Butt Sketch m . A. "You're.,getting l>ehilld
The Original Butt Sketch; the man who has put yourworR.'"
214--943-BUTT (2888) WORLD HEADQUARTERS

P.O. BOX 4495
Bull 5110lel) I. l'I ,o\lllliered Iradomark. A.II r19M. fuerved. DALLAS. TX 75208-4465
THE INDIANAPOLIS STAR .... a I_110M at ....... 1IIcbides! It's _ Ieat."

KIw1deI Lee Newloo
Hind-sight's his specialty

Bullineisters rear views mirror the keisters
of celebrities and everyday folks allke.
rnndellee Newton always stands behind his work. He has

to. He draws back:sfdesJor a lMng. At ~ and parties
across the natton. people line up and Newton. sketches their
back~sides. Since he estabf:{shed his Original Butt Sketdt
business !n 1985. Newton has drown more than
200,000 butts. He and his oj mUsts have sketched-
in :3 seconds or less with chatcool- butts oj all ages. shapes
and siZes. JromJamous .fa.rmies regular rumps.
TrebeJc,t. t:aah
The ~ butts on his resume include Vanna White's, Queen Latg'ah's and
John Goodman's, but hisJo.vorfle Is Alex Trebel(& Not because ofhow
Trebek's butt looks. but because It wasfon to do, Newton said. Trebek.
the staid opardyl. waited in linejor 30 miTWtes -he didn't
take cuts t . of the line, cttin(J eefebriI.y privilege - at a convention
get his butt sketched. Newton said. Now. when Newton sees
ann: hecmcks up and says, *1 did his butt. ~ It's weird work.
he admits. "For a Uving. I look at people's backsides! It's really neat. ..
It's definitely dffferentjrom hisjfrstJob. The ChicaQo fl£dIve was a
mechanical e at WesU.'1ghou...ce Ind., in bejml 1'l'e EnQIIiiih
tra:n.sjerrlng ( 1984. An artist since he quit ~I'XII\
~1'I'IIW'If
engirleerfJ1g in 1985 and set up an easel on a street comer in Dallas' ~Ior#!e
night-dub district Some clientS turned their backs to him:. and to:ttperlwellil
hrs butt-sketch business was bom. <W\~a
_M~
SlIght "shrinkage'" rdlOp!W:

e.d<<IQor
Newton. who travels almost constantly to pcutfa. colleges and OO~ kka
tions, sags he sUll can 'f ~ why his service ts so popular. "People BehInd
queue up for this. Theu do, he says with amazement. He notes thatJew
Of
800tt
8oIIon'I
people really Wee the lOOk oj a drawing of theirface. butjust about ever- Btm
yone likes their butt sketches. "We lend to make them a UttIe smder." he ~
admits. Over the years. Newton has learned a lot about human nature. 8utI
He thinks way too many nomW'sl%e people haw mlspereeptiDns about SI,.n$
Clan
dlelr size.(f t.~ people could. $...""e the bodies he sees every day. "they CfIcIeks
would quit this nonsense about how big their butt ts," he says, ~
FamJ
Blacks like ."..... GkAII$
Haunch
He also sees roda1 and gender dJlTerences in body image. He doesn't like Krd
(0 ooe~, but he.says more blade men and u.:omen think an ample ~
behind ts desirable. -I think black people are more contfOttable.1 don't hear HhIIV
the level oj self-consctoo.sness" that other women, espedaUy white women, KeIstef
~
express, he says. Some men are more concerned about the size of their ANt
bellies, They teU Newtcn. just don't get my gut." A sketch ofbolh butt and Reatend
gut is "a combo platter;- Newton sags. Newton. who says he has a "big a", .. ~
says his faoorlte butts are tho$eofpeople who are oor1!fortable with Seat
therrtselt:es. "I don't care what size you are." His advice: "Be happy that Stem
Tal
someone loves ft " TUiih
1.~·-------------------------------------------------------------------
8"tt
\If
S'·e~""
"
, r:T qC~'-a
• _1C~...JiS
,,,,n
• \1)
P.O. BOX 4495
NOOIN HAS SlC£TCHEI MIRE

THUll",,'" BACKSIDES
eva 1111 PAST •• YEARS.
~. he does Niked butts. too, primady at his privat& DaIas stu-

dio. ~women flIthe waiting room..,partleufal1y around valentine'S
B Day. In one instlne6. a·~ and het ~ friend came in b' a

~ ske«~ two weeks tater the .me womanretulTl!(Kl wtth
I,ITIST ':=~~=rom
het husband b' a etolhOO posterior portrait.
Of«IUfM. it haSn't albeen gravy•••NEfMcnhlsmapped theoutbaek$
Newtoo. "I ~reciate butts $0 of severat ~ whose hind topcgra()hy was better left ur\t'
rru:h. Ilfways ha~." Stili. it tOOk ~, aut ~ M has abult man's dream gig. 'N:)men have
NeViItOOc 40. d Del., a ~ d yam; of laboring as a arrivedal his sketch pad ~ mft<:fresses and confiding.' just
~~. thlnastimasa~ng streetlil1ist. took off my pMtiIs." CNerlhe~"'s bMnpaidtofocusonlherear
tnl81'S's ~
to find vie\Ns d pan* Nna HanBy. act.'9!S Vanessa~, and b'mer
He was on a street com« COl WMkald, making a Enl~TonIghtanchorLee%a~ who ~ him grip his
sketch fora painting. The~~acrowdasSNn charcoal ~tight; "She had the ~ ped<age. pIuS. she h$I a
from behind, 'N8Jehing a parade. Some guy dri>dng bySi.m realygreat persoNity." he says.
the ehareoal ~ 01 rear ends and ilnelsled 00 buying it
lOt $125. NeYJtoo's nex1 batch d ~ sold, too.
WiUm monthS, ~ W$'8 ~ thteif i$$e$1n line
tobuy~lhat traeedlhelnesolttl:1irdothedrumps.
Newton thOught It was a lark and ~ 1tIrM d01Iar's a
uw.
butt. Then COl day he wandcnd Into an art supply store
and 01 ~ ske«ches beItIg framed.
NeMoosoon foondN~ cnarging $225 an nour and
.........
A .........
at ......
jetting from campus ~ to ptlvate loft part_to radio-

station ~. to ~e booths at .moe shows.
Along U1eway. he regl:steAKJ Original Bun Sketch with the
Patent and Trademark Office....sobackoff "he'U sue yoor
ass-and hfted We other artists 10 keep up with demand.
His 4ncomehas risen to six figures. and he estimates that.
after 11 years, he's petSOnaIy :sketched more than
160,000 backsJctes:. He has also heard U1e same tired
&oke abotIt needing a wider $ketch pad about 159,ocx)
timeS.
~~-----------------------------------------------------
214-943HBUTT(2888) WORLD HEADQUARTERS
Batt Sketch
• "H_S •
F e
P.O. BOX 4495
DAllAS. TX 75208-4485
tinel
Ne\vton out of .arrears
hilve tUl'r1l2d out
HC''''"''"" il Dallas resident who
butts this week at the World
trade :show at the Orange
Cmtvemlon an event not
to the pUblic, "I'm several
what I l'flade as an engi.
ADH:rtL:dl1' It n.w pe~etlv$. ~ will

sds OU! to be eit;dncal s!md ln hlrnl fOf hOUIS lor a B<m Skmcfl
gets rkh derrieres,
"Li fa not is in line to have their butts
is Generally, GO
said, "life is w()nderful." per'.~nt an' ",tomen, even though
Newt.on, '11, he has women h,()H~ than men "think
sketched more than 200,000 rear h<l':f~ butts than they
ends since the in 1987 when do, f\(l~wton so;d~
Krandel Lee Newtcn4 The Dallas he backed into unique niche It's been said that TV adds 10
man sketches for as an artist. Stin struggling to pounds~r',J face .... ;md Krandcl
make art pay after quitting his Newton sbrinks ouU:-;. He
job at Westinghouse, Newton set pleads but ht~'s not
his ist up his easel on a Danas street
corner one day to capture a pass-
ph~ased that 300
pounders with buUs to match
ing parade. don't hcstitate t{> liIle up I'm' a
backed into An he could see were the
backsides of'spectators ... so he
sketch,
"It's to rny long-
sketched a bevy of butts. A pas- eVlty:- about the
his career ser·by offered Newton $125 for
his tableau of tushes and an
dovmsizing, "Bul it'" """ uKe it's
.\ consciou's "
oeuvre \vas born. Newton has a list of Hol~
out au nl<"~",,, Newton patented The Ol'igi· lY\vood butts to his cl'edit inelud~
naJ Butt Sketch in 1988 and now ing John Gm)dman, 1'<my Curtis.
V.uj"'~HV"""" but end ..'-'\.Au.... ". employs s1x artists at Original Queen Tim Reid, Peter
in drawing more Butt Sketch World Headquarters Gruv()s, Rita Rudner and Danny
200,000 derrieres. in DaHlls In addition to convcn- Glover. athletes such as
tion appf~anmces, the company baseball gn~at Emie Banks and
By Greg Dawson (>ff'ers B1.lttgrams, in which an ex-quarterback Joe 'I'helsmarm.
artist shows up unannounced at When asked to nalne the best
an office to sketch an unsuspect· and the brightest butts. Newton
ing butt. showed he's no fool.
Kr .ndel Lf:'C NewtDll Newton does the occasional "One I actuulb' " he
wish the 'Til nude butt sketch ~ behind quickly.
LiTu:? closed dool's ~ as well as private As for others: "Lecza Gibbons
The parties \vher~~ drinking sorlie· - ah, man, she had the \vhole
ask a times gets oul of hand "and peo.. package. And Vanessa Williams,
and pic t.ry to sketch my butt, \vith Those stood ouL"
varying degrees of success," One of his favol'itc celebrity
It takes Ne\vton two to three subjects was JeDpnrdy5 host
minutes to do a Butt Sketch in Alex 'Irebek.
charcoal penciL He charges be· "NormaHy, stars like him get
hveen $35 to $50 per butt - "01' rushed to the front of the line.
tears dOeS more $17.50 pel' cheek if you're on a He actually stood in tine for 30
Newton out of anctil'S budget.," he Stlid, not joking. minutes to get his buH sketched
"Things have turned out Newton is very much a pel" at a ('fV syndication] cmwen-
said Newton, n Dnllas fesid(:<nt who formance artist, at his best when tiQn:' Nevvton said.
sk~tching butts this week at the World drawing laughs from a crowd as And Alex's butt?
of Concrete trade show at the Orange he drav".'$. "Just prl~tty decent·,- nothing
Cotr;lty Convention Cent{'l'. an event not "When I st~lrted butt sketch· spectacular. You're talking to a
open to the public. ''I'm making several ing, people began to view it as man who has seen OVer 200,000
times over what I made as im engi- entertainment. I'm almost like a of these things. It takes a lot to
neer, " comedian," he said. rattle my cage."
Newton's tale is a variation on the Just the idea of people stand. No ifs. amds ()r butts.
~~--'---------------------------------------------------------
Batt Skete"~
P.O. BOX 4495
• ? . Qii12!!!ftlW • autt SkQlch i$ " r"g •• I'".d tr.demark, I<U right. ,n.rved DALLAS, TX 75208...4465
The Palm Beach Post

Sunday, May 4. 2003 flMlEdItkIa • PI, '.IICIIPo1t._ $1.25
-.
'\IsuaIIJ,_1m: __
..,. ........
..,...
butt."0Me..., ...
wItat I . . ..., stitt
What's behind a good piece of artwork?
-
~W:IIOII!OM
Turn around;
.t
Reactions from crowd inspire artist to create
he'll show you wiD sketch bare butts. but Technology. came UP. with
ooly in private.
with the butt sketehJ4eaby
Krandel Lee Newton specializes in sketching we were just chan~~!A 1~ years ~.
"'Last
surrounded with people out He quit his JOb with Westing-
the rear end's beauty. here." said Robert Gray Sr., house Electric:. m.Da1las a
Newton"s assistan~ who has few years earlier to pursue
By SARAH EISENHAtJER -Palm IkadIlWt Sta/lWn/u a tendency to stress the first his a.rtistic: passions.
three letters of his title. While a struggling side-
\VESr PALM BEACH -At- Original Butt Sketch - has As soon as Wen.dy walk artist in DaDas' West
ter strolling amid the thou~ established a booming busi- Func:bes saw Newton"s work End, he was working on a 6-
sands of pieces of artwork at ness drawing people's rear on display. she knew the foot canvas of a rear view of
Suo Fest Saturday morning. views. from the head to the sketch woUld be a converse,.. parade watchers when a man
Eileen Espieg didn '( know ankles. No faces, no feet. don piece at her husband's offered to buy it for $125.
what to make of Krandel Lee This is his first year at Air Foree base in. the Middle From there
Newton~s masterpieces. SunFest, where as of Satur- East. She stood for the 2- the concept
.. At. first. glance, i. d.a.y afternoon almost ~OO minute sketch with her S. took off, aDd
th t. What the heck is people had posed for him. montlJ..old son Gabriel seven other
t said Espieg. who at- He'll be at thf' festival -We"re sending our butts artists now
ter a few minutes of New- through 7 tonight. to Pakistan..; said Funches. work for The
ton's cajOling. became his "People have to get used 23. who lfves in Georgia but Original Butt
muse for 2~ minutes. to this concept. Usually, at is visi' her Lake Worth Sketch, creat-
She walked away with a first they say,'Man. not my DCWentli. ., always try to send jog sketches
drawing of her own back;. butt': It Newton said. "Once • creative gifts." Newton; He at more than
side. they see what i do, they start Newton and Gray stress quit job to 400 events a
"It's m)': first butt sketch]" lining up."
Esp~. of West Palm Beach; His booth's unusual
the sketches are not carica- pUrSUe his
tore&;. but true artwork wor- artistic talent$.
rear -main-
Y trade
exclaimed after Newton name and Newto.n's energet- thy of ~ina:. They ~ shows and
handed over the 13-by-24- ic personality quickly attract- their client list includes Bm conventions - charging be-
inch charcoal sketch. "This ed groups of curious onl~k Gates. Alex Trebeck. ~ohn tween $175 to $250 an hour
is going in my living room." ers - ~y of whom decld- Goodman and Tony Curtis. or up to $50 per sketch. He·s
Capitalizing on his ed ~ smply ~ust have a
unique artistic perspective, portraiture of ~etr own fully
ch .~~n.who ,has d!;: charging $20 per sketch at
Newton - creator of the clothed postmor. Newton ~ the is Institute of SunFest.
tJ;;iJ "'What gets me going is people's reactions," Newton said. "That's what I get caught up in...
t:S$#
H
tt Sf(etell, (214) 943-butt (2888) VVORLO HEADQUARTERS
~-~
DAlLAS. TX 75208M95
•U > .le.. $
0 . . , . _ ... _ '..I I ' _ .... Il;I>J_
Rear-ended art
shreveporttlmes.eom
OfhrOfimt5 TUESDAY, OCTOBER 5, 2004
Columnist
Posterior sketches a big draw at Revel
At the ReYeI with her family from
liny Athens in Claiborne Parish,
Courtney Jackson. 15. postd
btuuse "I saw it and wanted
KrandeILee Newton, who's
to get one," she said. s pretty; it
making his arance 100b 1Ike me,"
at the Red 1arls Her dad, Douglas Blow, "'had to
fesdval this week. creates think twice about it." he Mid. when
charcoal sketches ofpeople's he saw the Butt Sketch banner.
backsides fOr a living. "But it's OK; Blow saidafterwa.rd.
This mans his workday, acknowledging that Athens had few
no matter what the clock Butt.sketcli aitists and this was a
says, is always ending, onre-in-a-Iong-time opportunity.
'''There's n.o downside to "Ye've got a basketball team at
it." said Newton. a Da,Uas.. the . ~"hesaid. -andtltat's
based eogineer-t:urned-artist a
who in 1987 came up with Evan W'1Ison paid for a sketch of
the· contePt of "butt sketch," his girllriend. Dionne Burton. Both
qukkchareoal drawings from are seniors at Huntington High.
behind. of people's beJUnds. "This: is a first,.. he said. "for a
He is n.ot the kind ofhard- date,"
(Ore businessman $0 self.
absorbed that be can't ac:k· Lynn Moseley ofSpringhitl posed
J:lowJedge that his professwn. for her husband. 80. as a surprise.
is a pun factory. "Oh my gosh, llovc it,.. Moseley
CitlR Mic. said when Newton showed 1m' the
He's alwa)l$ UIOrking finisbedprociuct.
Smith. and of actor John
behind.
He's III the tail end of his
carter.
Goodman. who was made to
bend over a podium for his
Sketches: 80 seemed to like it more; when
Lynn gave it to him. he arabbed
it and smiled when he did, as did
"Heard'emall."hesak1. with
the~smileandattitude
sketch. "That made it twice
as wide as it already was."
41've done about Newton.
"I've done about 250.000 oft~."
you'd expect ofsomeone who
draws from 1ile's rear view
mirror. Sketches are of rears
Newtonsakt
He also drewjlOjKJrrb stud
Alex Trabek at an indumv
250,000 he said,. "'and maybe 50 didn't like it.
t just started all over again. It', not
Bite I have a lot of time investedm
fully clothed and take about
three minutes.
trade show.
"H~ stood in Hn~ about
of these' one."
'lltough it's I trade secret, Newton
He drew more than 300 half an hour to g~t his butt While he could make his profes- trie$ to Oatter the drawees. There·,
backsides Saturday' and sketched:' Newton said. sion sound more sophisticated - "I no reason Dot to; they can't see back
kicked butt again Sunday "I thought that was pretty draw moonscapes." he could say- there.
before Monday's rains kept cOoL" . inslead he laughs and captures. on
most Revelers rears indoors. No question, paper a part of life many talk about
. "Oneoftheiirstonesldrew Wnat must nave iet:utQ but few document•
~re Vo'8S8 mother." be like. a good idea at the time "A lot of people see 'Butt SkeCdl'
said. "And was too cool. real1y did tum into a good and they process it before they get
We do a lot of families at idea for Newton. Newton's here," he said. "But once they actu-
things like this," "Original Butt Sketch" c0m- ally see what it is. it catches on."
Newton's team does pri- pany now employs seven Just as everyone has a butt but
vate partiesand conventions artists. One will pincll hit Cor not the exact same one, those who
as weD. He'sdrawn the rears him today and Wednesday choose to have skekhes done of
of former Dallas Cowboys until he return~ThW'SdayCor their rears have reasons, though
Troy Aikman and Emmitt the remainder of the Revel. slightly different.
fMP~--------------------------------------------------------
8"ft
u-
S'·ete"",
""..
P.O. BOX 4495
• • lJ!tlii!.'~itL b Suit Sketch 1$ a registered trademark All r191\1$ reserved. DALLAS, TX 75208-4465
s I
B

P.O. BOX 4495
Butt Sk.tell 1$ a fegl"tenu;! trademark. AU rigllts rellerved. DALLAS, TX 75208-4465
K.hI. . . ~~ ............ of.......,~~.....,. ......."..,u,wt,-... .........,u,........,................••._.

cantl_~Oft"'''''''''~~.''''''''''''_''''''''III'I_'''''''''''''''of''''''''''''''''''''''''''M",,,,,,,,,n
J.OII fA lHl.
Artist: 'These are quality butts'

.... -.....
KrandeI ~n he saw the b1$Md prod.
Krandel Newton
puts more than 100
cans on canvas
at Bradley campus
........
..........
*"
Newton .... uet.
"I think:
his gl.rlMeD .
it f'r3med,"
. "I'Ve nevt'r
seen it (~en"fPf"$ rev)
dmwn befoft."
Newton..,. BmDey sophomores Mon-
ica 80Hz and Lauren OmtJIe
-ontr said tb.q waited in fJ1e lenathY
. . . tw.
... ahalf line tor a butt sketch 'booaust
ml_ _ ,., '1t lOoked blhuious...
~
'11I.e tdends·l.I.Rd their por-
trait bUt wondered wbat otb·
em would tblnk ~n tb~ saw
it.
"'TheY'll be aU over It... New-
ton assured them. "Thee are
quality butts1f I'Ve ewr Men
one,"
Of aU the bl:i.cb!du be's
dmwo - young. old, common.
celebrity - Newton 1nsists his
favorite is his wife'$.
He aeiuaUy met bel' Wb1le
sketcbing at a lesUvailn MOD-
truL "I'm no dum.m)r." Newton
said. "She bad one oftbo.$e
butts I tnJJy feU Inlow witb.•
214-943-8UTT (2888) WORLD HEADQUARTERS

P.O. BOX 4495
Butt Skotch is a lagist.red ttademark. All tights tosolyod. DALLAS, TX 75208-4465
the butt He waS work-

ing to capture ap.1rade from -
you got it -- behind. and a man
are saw Newton's drawing and
bought it. The rest is buu-
sketching history:
"'ing Ne\\'h:m. whO' WlftS flying to
AlbU<.wcrquc. N.M .• f:or a jO'b
this week. r~~ he's sketc.h.ed
illS upward of 250.000 l'leO'p.i:c and
pr:obably had only about 20
ing me so profusely." who found the rcswts htltt-ugly.
Anguiano. 35. says he once "n takes twO' and a half min..
sketched a divorced wonl,~ll'S utes, so if they're not pleased.
By JUDY W1lJr{ bu.tt l.l.lld thoughtfully added the it's to dO' 'em (,}ver," he
SUipUU«fMM ji.li'I' I ''''!'l!!t ... caption: "No looking b~ick." l»us. points out, people
His clientele isn't limited to do this \'(}hmtlirily.
crowds at fairs festivab. "Most folb think they d.on'(
Anguiano is to want it done," he says. "Trust
sketched the Microsoft me. YO'u con'l!! kicking and
chairman and bil-
lionaire BiU Gates.
(it was at a private
party after a zoo
fund-raiser i.n Oma-
lUi,)
Butt-sketching
has become big
business, says Kt',ln-
del Newton,
Anguiano's boss.
Newton runs a stu-
dio - the Original
Butt Sketch in Oallas
thaf today
includes hirnself and
seven. other a.rtists.
They travel across
the country and to
EurO'pe to ply their
tr'dde. CQVRT('$Y Of mE ORICIN",!. ~1Jn 51\(1,..
,"We get invited Artists from the Orl91nal Butt Sketch In Daf-
on public. arc to all these wonder- .as work parties and spedal events across
sketch\.-s, not cruiatures or ex..11t* ful places. chances the United States and in Europe.
gcn,tiom. And Anguiano takes his to eat the best of
\\'Ork seriou~dy -- as seriously as .~ shrimp. drink beer and ·wine. screaming, but you cO'me
butt-sKdcher can. and we get to draw butts aU nonetheless. The most famous
"In a sense, it becmnes like night lO'ng," Newton says. retrain is. 'Not my butt: ,.
therapy.'" Anguiano sa)'s. ''That's not a bad gig." Apparently. when it comes
"Sometimes 1 only spend five Newton, who g;;we up an to butt sketching, there's no
minutes \..'ith these people. 1 engineering job 16 yeats ago to' end in sight.
get into their lives and the next stand on a Dallas street ~Qmer .wy_(amjO.~-?;"~
thing you ktlOW, they're thank- with a sketch pad, originated f;\~·t~~
CREEK CRIC
I!~ walJdng down IDe street aoo
Atale ofan artist drnw the!.r behinds IlItt'! the 1'1e-

lurnroo,
To HUl..ltll tlUtS!! ~trll.n~rs £.:;r
who always gets behind tllElr OOC}tM!'mtiOll. N@wWn woold
milke a qUlllk rear·vi!!w $ketch rOt'
~"""·'L_._ tit take 11_.
in his work Then, mm:h like that moment

""hen tM olher Newloll. !!iIwtlte
'. .
Ilpple fall fI'llm til@ 1.rnI!. th~ NI!W'
SyEhttWmu ton thoUJllit Ite could turn tillS:
'F~If!t'1>1: S;AWW~lft~ endmvot Inlo lin1ll'lOO:l!lt~.
F;\@ful'1l' tong, pam'ln;hy wern It!I·
~Hl}gpo1lt.i~lIIlY ill.comx:
F
.. l? lag lip rot hiS dtllWI!1lI$i. OO!' or
WIH/ll h_ tOOUgilt t!tat II tnw~ thQ~!! tllStOU1!lfS aslwd if M IUd
show bOOtll at the Chlca!;o 1r&rl(! SOOIllS Slid Ihe .rnst 1$ iilfti:s
H mon lIml 'ru'\\WH W(Hlt(l iMi lie llistury.
Ul!~ lH)rfect refuge, a pJael)
whc!'tmwn ilri<! W!l!fIE!ll L'OOld !alll rolll' In tlte: lilililmer of illBi, "J m_
fOfl.ablyfnrhouf$OIl (t'lll <tblJm bult ap with fh(! pittam TheOr1lil1lA1
film,wtt lI~, lXIulJ)llmliw butt IIkIl'L Butt Slt.fbtcl1," II<! $a)'!\. "It IItiltllm
lIUI world WhflflHtudit1ll11u'niatiM hlls a mtm. UI!lk.'I1'll1JOOiP1I:! Cl.b~"
blJlNmH! aetlollub!(" this was all oasis of Mornrecllntly, "In the heil!llt·
lMl\lQpllt'(! butt clwt, O\.'l;nsimWd by OW 3J,11jlilamuCl! t11100 $i!llilllillity or .SC')(ull1 I1iIU11\\il' ~wton cbatgesJl75 to. $200
of IiI\1llU WmUUH<IlUliUil! QCCUpaH.j.HI:mHlil'llw$li'l..~ _I. I didn't WIInt to jJ\lt C'ltllill!lll Ill' I'IOIJI' to WOIK"irooe: lihl)W'S..
turostif proplc's ~VIDws ftIr a tMII\!,. ' till in thlll:," 1lC!!iIl/S. 1m ~t of
Kfilrnllll Lt~ NII'\\'too i~ "'tflll ctL"irtOruf The QrigilMlI c:hmngin" !.be nalitl)' to "Deniorn
Butt SlIsteb, ~ Drawings" or "Posterior POT' Many eO'Ujllelii eome by to 11«
!'lev.ton,39, t1mdit Q 111,'l'lll visit 1J:l Chl;;;il;@O to dl~w m.i.lliw btl! d(!el~al!ilill$t It drawn tQpiher. 'nle 1IIDSt. Jl(lj)uIar
c~! portrail$ of peQjl!I):'$lmcllhl~ ill <t brAnnat And. in tlte 1l y~ sillOO Blit! pl.i!;OO to rums 'IM mw.tnBS wlmn
Ihe NaUooal A.~l<ltlOll flf I! !o~ge IIJ~'!«!T$; ron' S~Iel\ be~ he said tMIl;! has thijjY ~C l1iomn is too bilthrtoom.
\\ilntlon ~i.l1g111 ttw. Hilton. llol been a single ronmllllnf· , !!iIllI Nelll'tOlL
Whut 3 eonecj;)l. And <llIlw slIccewsfttl. Nt."I\'toll 8l:!forn hI! startl!d ooitlll cOfl>O' Newton says It lakes a~l .2....
char(l:li'S ~twoon $J'1ti 10 ~ an h.uur (I," mostt)' r~te work • WooN drawings 1m! mIIlU'!eII for aJruU seWh, "1'tttt1~
!l~tlur.lldt!£lu:rwli)toliUtliUfr his ~poolnll!ill(ll:)r r~ til III om wM drop by clMllis' Il. 'minute and a qIU'\1'ler lIer
ilr<lSl:lj! 1molh!> -, "X umd to chaltltl pooplll tOOek.~
After iln a~ 111'01'11 dilly, ill w.'blell ~JlI\l wait
ill nO!' up to_1'll1 hQW'S fnr a.ll'i'fl;llll(ll. tlt'll\l{lag, New·
hued 011 their sbllPI!. wMUlcr
tlley wl!rl! 'fd: 'round,' of
n"
he does tuttl·ell up.f)n
req~$t ...,.Jbolillb !lOt at trade
IWI WIJ(Ii!'!~ hill wIII WaJ1IWr tl1rot!£:11 IIw COm'l41tjtm j;!l:t\ 'ceguillt.' (TIWIHl f~~ wer'l $2, ; !J:!oW$.
only In twINe IlOOl!le v>_1l1;g IIlf'irl:11'1J1'S lit n!m !wUt·rlnl\. $11.00 .ml $3¥!l$J;«uwl,y, 00 ~
''He)! Uttlt'mllll," ~r was .Imt llavinli!. f1ID.~ ",\to p.dvatllpurlies. they drop
Pkawsu ~bly Imd Itmsame jlroble:m. He $tUl i$, He lells (lnt'! Cliellt trw:
hec.,says, '''1'bIm. ~ple slart
N~\!It<ll1. Chllrmi.t1g t1n<!t:<lIlIl<tJIial. says, ~f'l:ll:>j;)le f~¢l Ihl shl! hlI,$ nicll leg$, lets dtitIklng lI.t'Id Ihey'ro t\tIly moon·
romJl'!l.ied IlltoU me bullj\lll~ And PIl\I&, ''\:~.\.!~tl1l0 1,,' r-epe.aled hu~
Ingme..
from oIhll.t clifinls
~lngoohlnd in)'I1I~r\\')r\l;.• ., YOI)'fllatthlltllill!lUt:" !lnd lumdll<bakll$ Ili'OOl tlW m~lI'I - "'.fuM.anoIW day at the om"","
Imseif, He !>it)'!> \Ilbg ar@ as captivated by lile
1"'10 "'m;I;·L~!;mt~" t1rawlnG',s of tltem in Ilulti! or
,anllpel'.~ti{)li !lmr Doeklln .liS the wolllen In sW:ks.
brll1!l>~ In "$Ilt flijU~" (\U(:li ytWu: sklr" or drelMl·fQNU«tiS suits
On his 'l'll;lt hCfll,llln,'ti by 11J:lnwSltle I",ruling lIi(:'..I(j1' them'lHby ",ilW\11l11Ql'\, tv,'Ilmeruls aro.
wmt•.,;!jJI, mirtHI'},> 1" !lI(;hlw!<l"r~'(L
"Myuuyfl Il'l1d'8 0 l"lIt m!lI1,"exptainoo
Cindy HU\HlC'L ~1.1n irmainlll thedraw!ngl for
lIis bmhdt1lt"
H('rfri>!l1l<t ~J:'l'Y M~Cbhl, 1I1'!IJ\lO{ bo,>r
nushaml, S<."Qt!. "I Il"s~, l.ll'!llll!l.llllll'h not ~ !mIt
Itlllll." !-i(IJ1(!llwt,,5.S, sill' too l!:l!!l!1ed with !!Ioo
wltt'n S.hl111:lW Ih" j lr:I\'1 ing ill' blYtlKlstcrlOl',
"I'\'t ~o "",'u"",(~ of havllllj Ii flittil'l'l'lng
ha.\'ld,~ hl\ll! };C'I\ Inn WI.H!'n asked if hll Irlrfi$
, .off inchfrs when ho draws. For sum, llliy!!
I{Ol1lllJf, who !:olJdw.la~ Ihltt hI) ll!al rcdu>(:l)d
her Sl2;1) l!)lollll\), nllIY1~u6.
~I'le tuoll a coup!1J ill~he$ (iff lilY a$i.'!', ~
~~1Jt Milm~n.- n:w:red Thi:mJl'i$ ~;. ~1'vrnm:;" Adklnii Jr,.
ffume$ide l.t'lldill!fs Si1lnior '1'\00 j)fI'Sidient.
Abcwe: At a reoont "'I't'batll butt, tll3J1." ~r\,«l a:nu41wr Ilome:Sldellffici1l1. Terri
tl'1);;lo shew in ChiC3$), Mullany, as one of her mllll) CIHI:11ril.ers bad his posiorior
immQrta Uzed in ChllfCOiAl pencil Ulll1 sk<.>lc!llladlhahlays.
Klal'l<lellee Newton "HOIlW>.~lde ,., Weooll.tl'y(¥llfbotlOlnllllc.."
1I1«!t<:hes a Gemme, Newton. Who gr.I<luatoo in mecliUllktll t!l1(I:iru.,<'r1ngfrom tbe
lUlools lU,.Utllle of T\K:!mol~oflen Is 11S.)(l>;:\ how he (:lIIOOUIl
willi this ldt'a. II!! quit bis ~nllilleeringjlJb with 'Wl!';jllnghOlllle
Top: Ono of his In !);IlhIs. hliSays, tUllursul!a01ru-cra... ullitY!lsl. Ol1a~t
relllle-rings from cunwr them, M witSmtdmg ::Ililx,foot t~m\'lIS of II roar vLew of p/>IlIII$
1110 convcntion. ~'Afade wlltchers wium llll onl(!Qlwr o!fl;'fcd 11:1 buy Rfor $125,
"fIliI paradl) Si1lcnesi!\'Ol\'Cd into 11 eu.slmnb;cd ~.I whew be Joe DoUglas of AtJanta poses at tOO N8tJona1 Assocl.atlOO Of Mort·
'"''Quid pm tile buy.,,,.,, oockslde fmdlll(' bU)<1l'f's frlef!diJ' back, gage Bfoket$ conWlntioo tor one of I'Irallllel Lee Newton's s.ketd1eS.
....
sides 11100 tM IllctUff!. TIt(.'n, tn IlIIl'll! Ihl:! gw.tp, he'd groh Jl'JO-
"""
Butt SketeA..
C!t4attatUtoga arms 1J1ttt IIttll

-I·~.e.···. E $~cl;lY.
~ "' .......
A nice job: no ifs, ands or 'butts'

As the father of a young child, Butt sketching. yo.U should After some initial eye co.n~
rm always on the lookout for excit~ mo.w, is a huge fad amo.ng co.n- t.,ct, Ms. Adams said she has
iog new careers that might one day ventioneers. who. line up by the her subjects swivel and pose.
help my son earn his daily bread. thousands to bave theirback~ The sketching takes several
U ntillast week, "butt sketcher" sides inked. (Clothes remain minutes.
was not on my Jist. on. by the way. There's no "X tell people it will he the
Now it is. mooning allowed.) , longest two and a half minutes
I have learned Ms. Adams works for a Dal~ of their life:' she said. "After a
that prO'fessiO'nal las~based firm called Original couple of minutes, the antici*
butt sketchers Bun Sketch. which employs a pat ion overwhelms them.OJ
make real money, team of artists. Together. the She says that women are a
charging up to cOlupany say~ the artists have little more sclf-(:o.nscious about
$225 an hour for sketched some 250,000 back- what they look like from
their services - sides, including derrieres behind. but men are more
which puts them of Marie Osmond, Queen Lat- inhi.bited about agreeiugto
Mark right up there with ifah Alex 1'febek. being sketched.
Kennedy New York lawyers I don't; mow about you. but I asked Ms. AdatllS if this is
Ufe Stories I find thinking of this nio of a stepping stone for her on a
and plumbers.
(Caution: Please do not confuse celebrity bottonu <l. Uttle unset .. path to beco.ming a serious
butt sketchers with butt scratchers. ding. Or as my 3~year .. old son artist.
who make considerably less money.) 111ight say. "'Yuck.. o. Gag." No, she said. When it co.mes
As luck would have it, I recently The company was founded to being a butt sketcher. she
got to interview a real, live butt by Dallas artist Krandel Lee said, therets no end in sight.
sketcher named Pjae (pronounced Newto.n, a fo.rmer sidewalk E-tludl Mark Kennedy at
P~jay) Adams. artist, who. go.t the idea after I1lkclmedy@time:sfreepress.com.
Ms. Adams was to' have been in sketching the backsides of
Chattanooga Jate last week to work parade watchers in the mid-
the National Association for Cam- 19805.
pus Activities regional conferenc(! Ms. Adams. who c'lHs Mr.
at the Convention Center. Shc NI7\vton her mento.r, it'~$ists that
called me on her cell phone a few SKetching is: a noble
days before she was to have arrived, ing and that her work helps
What's it like sketching butts, I boo.st people"s self esteem. In
asked. cutting to the bottom line. truth, despite the cOlnpany
name. the sketches are fuU~
"'I'm an artist:' she body. rear*vie,I,' caricatures.
exp!ained. "I see 'lcsthetie "You can teU (from behind;
beauty in every shape. which peo.ple have confidence,"
"It's entertainment." she she said. "It's about stance and
said. "I've been blessed to. be posture and assertiveness. I try
employcd using my gift." to give them a little boo.st,"
~~------------------------------------------------------
Buff
a
Sketch
..
. 2 7 A"f'ii2!iIl#is • ® auU Skotch is a rOlllstorod tradomark All rights t"SOlvod.
==='" ~-
WI!PN1115 II&Y FI!IIRUAR'f 1"2" 199' sa "Canl:m

~ ~ 0«= _ ==~=~ ~ = ~""~A"~~~~ =~ ~ _ ""
~,and I'aces
"'== =~ = ==~~~>' ~
'fIIl"l UlI'tn
'. RIPli!>l!l"
.1iI< lIlldlDIIII"
-I Mlllttilf'l,.,. I: til••"
>~.: "<0"; ~,»~;. >
. . '1:IiI!1!I·t~~ 1I1B-
.... tllfJ:illi~
PLEADING
EXHIBIT "E"
Butt Sketch
Case 3:10-cv-01223-K Document 1-6 Filed 06/22/10 Page 2 of 22 PageIDPage
64 1 of 1
httno//urwur hlltt.::k-ptr.h r.()m/ 6/1912010

Butt Sketch
Case 3:10-cv-01223-K Document 1-6 Filed 06/22/10 65 1 of 1
Page 3 of 22 PageIDPage
httn·//m,XT\X/ nlltt<:lcpt('h ('rlln/ 1'\11 Q/?()l ()

Butt Sketch
66 1 of 1
Krandel LH Ntwton quit an

engineering job to pursue art ..
a career and paint on a str •• t
corner in the West End section
of Dallas,Texas It wu (In that
(orner that The Original Rutt
Sketch. conc.pt Was d••• loped.
The sketthe. became a big hit
and the artist stuted 10 receive
offers to be 80wn around the
(onntry to make spod.1 appear-
ances al trade shows, convon··
tions parti.. and private
receptions.
htt",-IIUTUTUT hllttcl,..,,,tf'h f'{\rnl hl1 QJ')()l ()

Butt Sketch
67 1 of 1
C row.!s stared to form nn t.hat

Dallas street cornu. People
lined up to get their sketch
done It wasn't long after that
the local media noticed and
began doing 5tories ... then the
national media picked up on
the OrlginalButt Sketch' story
nth.. · / /ururur hllttClrptf'n {'{un/ 6119/2010

Butt Sketch
68 1 of 1
The Original Sutt Sketch"

World iQur was horn.
1,tt1"\' I IUTuTu, hllttc v"tf' 1, f't"\1"\1 I 611912010

Butt Sketch
69 1 of 1
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70 1 of 1
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Butt Sketch
71 1 of 1
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Butt Case
Sketch3:10-cv-01223-K Document 1-6 Filed 06/22/10 Page 10 of 22 PageID 72 1 of 1
Page
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Sketch3:10-cv-01223-K Document 1-6 Filed 06/22/10 73 1 of 1
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Sketch3:10-cv-01223-K Document 1-6 Filed 06/22/10 Page
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fill QI?Ol 0
Butt Sketch
Case 3:10-cv-01223-K Document 1-6 Filed 06/22/10 Page 13 of 22 PageID 75 1 of 1
Page
1\11 Q/?()1 ()
Sketch3:10-cv-01223-K Document 1-6
Butt Case Filed 06/22/10 Page 14 of 22 PageIDPage
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(;11 Q/?01 0
Butt Sketch
Case 3:10-cv-01223-K Document 1-6 Filed 06/22/10 Page
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611912010
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Sketch3:10-cv-01223-K Document 1-6 Filed 06/22/10 Page 22 of 22 PageIDPage
84 1 of 1
6/1912010
PLEADING
EXHIBIT "F"
Int. Cl.: 42
Prior U.S. Cl.: 100
Reg. No. 1,551,410
United States Patent and Trademark Office Registered Aug. 8, 1989
SERVICE MARK
PRINCIPAL REGISTER
BUTT SKETCH
NEWTON, KRANDEL LEE (UNITED STATES FIRST USE 9·-1-1987; IN COMMERCE

CITIZEN) 1·-28-1988.
817 BENTLE CT.
CEDAR HILL, TX 75104
SER. NO. 748,303, FILED 8-25-1988.
FOR: ARTISTRY SERVICES, NAMELY,
CUSTOM DRAWING SERVICES, IN CLASS 42
(U.S. CL. 100). WAI BUI ZEE, EXAMINING ATTORNEY
PLEADING
EXHIBIT "G"
DallasCase
Party 3:10-cv-01223-K Document 1-8
The Rear View Sketch Filed 06/22/10 Page 2 of 2 PageID Page
88 1 of 1
Contact Us
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Rear View Sketch, a popular art form that spot lights a person's backside. He has sketched
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as well as young and old backsides .
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The charcoal sketches that take approximately 2.5

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if)2007 Dallas Party.com apart of Mikey B's Perfect Image, LLC.

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fill RnOl 0
!!l>JS 44 (Rev. 10/06) 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
Krandel Lee Newton Mikey B's Perfect Image, LLC, and Michael Bergenholtz
(b) County of Residence of First Listed Plaintiff County of Residence ofFirst Listed Defendant
(EXCEPT IN U.S PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE IHE LOCATION OF THE
LAND INVOL VED
(c) Attorney's (Firm Name, Address, and Telephone Number) Attorneys (If Known)
1. Schwartz, of Whitaker, Chalk, Swindle & Sawyer, LLP, 301

Richard
Commerce St., Suite 3500, Fort Worth, IX 76102, (817) 878-0524
II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTlES(Place an "X" in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
01 us. Government ~3 Federal Question PTF DEF PTF DEF
Plaintiff (U S. Government Not a Palty) Citizen of Ihis State 01 01 IncOIporated Of Principal Place 0 4 04
of Business In Tbis State
02 U.s. Government 04 Diversity Citizen of Another State 02 0 2 Incorporated and Principal Place 0 5 05
Defendant of Business In Another State
(Indicate Citizenship of Parties in Item III)
Citizen or Subject of a 03 0 3 Foreign Nation 0 6 06

Foreign Country
IV. NATURE OF SUIT (Place an "X" in One Box Only)
I ',>I)jj#/iCONTRAC'ni 'J,) i#>!1# ,,//,/' '////.,J,i?J':' ],'/illTORTS' FORFEITUREm~NALTY . ".#1 1#/>>1', .. BANKllU.llTCY l;~ 'i//i~W.ilRi1STATUlES;", 'W',::I
o 110 Insurance PERSONAL INJURY PERSONAL INJURY 0 610 Agriculture o 422 Appeal 28 USC 158 0 400 State R~apportionment
o 120 Marine 0 310 Airplane 0 362 Personal Injury - 0 620 Other Food & Drug o 423 Withdrawal 0 410 Antitrust
o 130 Miller Act 0 315 Airplane Product Med. Malpractice 0 625 Drug Related Seizure 28 USC 157 0 430 Banks and Banking
o 140 Negotiable Instrument Liability 0 365 Personal Injury - of Property 21 USC 881 0 450 Conunerce
o 150 Recovery of Overpayment 0 320 Assaul~ Libel & Product Liability 0 630 Liquor Laws PROPEBtTY RIGHTS' j!W;''<-::-.: 0 460 Deportation
& Enforcement of Judgment Slander 0 368 Asbestos Personal 0 640 R.R. & Truck :11 820 Copynghts 0 470 Racketeer Influenced and
o 151 Medicare Act 0 330 Federal Employers' Injury Product 0 650 Airline Regs. o 830 Patent Corrupt Organizations
o 152 Recovery ofDefilUlted Liability Liability 0 660 Occupational ~ 840 Trademark 0 480 Consumer Credit
Student Loans 0 340 Marine PERSONAL PROPERTY SafetylHealtb 0 490 Cable/Sat TV
(Excl Veterans) 0 345 Marine Product 0 370 Other Fraud 0 690 Other 0 810 Selective Service
o 153 Recovery of Overpayment Liability 0 3 71 Truth in Lending .,111o,I'\:'j:@1#':MBOBt/it::aK/it' ISOC ALi'SECURITY,,'J#i~ 0 850 Securities/Conunodities/
of Veteran's Benefits 0 350 Motor Vehicle 0 380 Other Personal U 710 Fau Labor Standards il1 861 HIA (1395ff) Exchange
o 160 Stockholders' Suits 0 355 Motor Vehicle Property Damage Act o 862 Black Lung (923) 0 875 Customer Challenge
o 190 Other Contract Product Liability 0 385 Property Damage 0 720 LaborlMgmt Relations 0863 DIWCIDIWW (405(g» 12 USC 3410
o 195 Contract Product Liability 0 360 Other Personal Product Liability 0 730 LaborlMgmtReporting o 864 ssm Title XVI 0 890 Other Statutory Actions
o 196 Franchise Injury & Disclosure Act o 865 RSI (405(g» 0 891 Agricultwal Acts
F'ifiREAL PROPERTY' ,fii' ..I ' CIVIL':RlGHTS' ERISll:l'f:!,).!.U.'ETITJOl'fS [j 0 740 Railway Labor Act FEDERAL TAX SUITS 0 892 Econonllc Stabilization Act
g 210 Land CondemnatIon 112 441 VotIng 10 510 MotIons to Vacate 0 790 Other Labor Litigation o 870 Taxes (U.S . PlamtIff 0 893 Environmental Matters
o 220 Foreclosure o 442 Employment Sentence 0 791 Emp] Ret Inc or Defendant) 0 894 Energy Allocation Act
o 230 Rent Lease & Ejectment 0 443 Housing! Habeas COIPUS: Security Act o 871 IRS---Third Party 0 895 Freedom ofInformation
o 240 Iorts to Land Acconunodations 0 530 General 26 USC 7609 Act
o 245 Iort ProductL iability 0 444 Welfare 0 535 Death Penalty 0 900 Appeal of Fee Determination
o 290 AlJ Other Real Property 0 445 Amer. wlDisabilities - 0 540 Mandamus & Other Under Equal Access
Employment 0 550 Civil Rights to Justice
0 446 Amer. wlDisabilities - 0 555 Prison Condition 0 950 Constitutionality of
Other State Statutes
0 440 Other Civil Rights
Ap eal to Dlstnct
V. ORIGIN (Place an "X" in One Box Only) Transfelred from Ju~e fium
~ I Original o 2 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 another district 0 6 Multidisuict o 7 Magisu'ate
Proceeding State Court Appellate Court Reopened (specify) Litigation Judgment
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless divHsity):
VI. CAUSE OF ACTION Briefdescription of cause: 15 US . C Section 1051, et seq., trademark infringement
VII. REQUESTED IN D CHECK IF THIS IS A CLASS ACTION DEMAND $ 3 times actual CHECK YES only if demanded in complaint:
COMPLAINT: UNDER F RC P 23 JURY DEMAND: ~ Yes DNo
VIII. RELATED CASE(S)

(See instructions): mDGE
PENDING OR CLOSED DOCKET NUMBER
DATE
G,Z2-, 1,0/0
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP GE MAG JUDGE

JS 44. Reverse (Rev. 10/06)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information 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 States in 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. Ifthe plaintiff or defendant is a government agency, use only
the full name or standard abbreviations. Ifthe 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 offiling, In US., plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing, (NOTE: In land condenmation
cases, the county of residence of the "defendant" is the location ofthe tract ofland involved ..)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record., Ifthere 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), FRC.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 US.,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 US.,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 US . plaintiff or defendant code takes precedence, and box
I 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 ofthe
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" Ifthe 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. Ifthe 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., (I) 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 US ,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 ofremand 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: US . Civil Statute: 47 USC 553
Brief Description: Onauthonzed reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box ifyou are filing a class action under Rule 23, F .R.CvP
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 ofthe 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: (I) 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 oflaw and fact; and/or
(4) involves the same estate in a bankruptcy appeal.
Date and Attomey SignatUf'e. Date and sign the civil cover sheet.

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Case 3:10-cv-01223-K Document 1 Filed 06/22/10 Page 1 of 14 PageID 1

IN THE UNITED STATES DISTRICT COURT

KRANDEL LEE NEWTON, §

PLAINTIFF'S ORIGINAL COMPLAINT

attorneys, and alleges that:

1. Plaintiff I(randel Lee Newton is an individual who resides in Dallas County,

Texas, and is sometimes hereinafter referred to as "NEWTON."

B's Perfect Image, LLC is sometimes hereinafter referred to as "MBPI."

3. Upon information and belief, Michael Bergenholtz is an individual who resides at

PLAINTIFF'S ORIGINAL COMPLAINT PAGE 1 OF 14

www.instantpartyideas.com. www.dfwbands.com. www.wowvipevents.com. and

www.dallasrentalstore.com. [Collectively hereinafter referred to as "MB's Domain Names"]'

and is sometimes hereinafter referred to as "Bergenholtz."

4. Upon information and belief, the "Contact Information" for

www.dallasparty.com, www.dfwbands.com, and www.wowvipevents.com refers to the contact

also referencing Defendant MBPI. See attached Pleading Exhibit "A."

5. Upon information and belief, the "Contact Us" information relating to

Perfect Image, LLC." The "Contact Us" information relating to www.instantpartyideas.com

references MBergenholtz@mac.com. See attached Pleading Exhibit "B."

identify Defendant Bergenholtz as the "Registrant" and "Administrative, Technical Contact."

hereinafter referred to collectively as "Defendants."

II. JURISDICTION AND VENUE

PLAINTIFF'S ORIGINAL COMPLAINT PAGE 2 OF 14

Venue is proper in this district pursuant to 28 U.S.C. § 1391.

III. PLAINTIFF NEWTON'S RIGHTS

providing specialized artistry services (hereinafter "Services"). These specialized artistry

selection of newspaper articles about NEWTON and his Services.

PLAINTIFF'S ORIGINAL COMPLAINT PAGE 3 OF 14

as shown on the attached Pleading Exhibit "E."

and his Trade Dress.

PLAINTIFF'S ORIGINAL COMPLAINT PAGE40F 14

IV. DEFENDANTS ACTIVITIES

SKETCH" mark. Subsequently, Plaintiff NEWTON discovered that Defendants began

SKETCH" and utilizing Plaintiff NEWTON'S Trade Dress.

17. Upon information and belief, unbeknownst to Plaintiff NEWTON, Defendants

PLAINTIFF'S ORIGINAL COMPLAINT PAGESOF 14

18. For example, on Defendants' www.dallasparty.com website, there is a reference

includes a photographic image of Plaintiff NEWTON in association with Defendants "REAR

a retail, night club and restaurant Mecca in Dallas, Texas."

Defendants have misappropriated Plaintiff NEWTON'S "BUTT SKETCH" mark as associated

distinctive, arbitrary Trade Dress of Plaintiff NEWTON.

PLAINTIFF'S ORIGINAL COMPLAINT PAGE 60F 14

SKETCH" mark and his distinctive Trade Dress.

25. Plaintiff NEWTON'S remedy at law is not adequate to compensate Plaintiff

PLAINTIFF'S ORIGINAL COMPLAINT PAGE 7 OF 14

V. COUNT 1 - INFRINGEMENT UNDER THE LANHAM ACT

26. Plaintiff NEWTON repeats and realleges paragraphs 1 through 25 of this

artistry Services in commerce constitutes an infringement of Plaintiff NEWTON'S federally

VI. COUNT 2 - DESIGNATION OF ORIGIN

28. Plaintiff NEWTON repeats and realleges paragraphs 1 through 27 of this

artistry Services in commerce constitutes a false designation of origin - a knowing, false

description or representation - regarding the Services offered or provided by Defendants in

violation of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).

PLAINTIFF'S ORIGINAL COMPLAINT PAGE 8 OF 14

VII. COUNT 3 - TRADE DRESS INFRINGEMENT

30. Plaintiff NEWTON repeats and realleges paragraphs 1 through 29 of this

31. Defendants unauthorized adoption and use of Plaintiff NEWTON'S distinctive,

affiliation, connection or association of Plaintiff NEWTON'S Services with those of Defendants,

all in further violation of 15 U.S.C. § 1125(a).

VIII. COUNT 4 - RELATED STATE SERVICE MARK INFRINGEMENT,

32. Plaintiff NEWTON repeats and realleges paragraphs 1 through 31 of this

PLAINTIFF'S ORIGINAL COMPLAINT PAGE90F14

artistry Services have the sponsorship or approval of Plaintiff NEWTON.

knowingly, willfully and fraudulently appropriated Plaintiff NEWTON'S "BUTT SKETCH"