FILED

Electronically
CV19-00250
2019-02-01 09:03:12 AM
Jacqueline Bryant
Clerk of the Court
1 $1425 Transaction # 7097292 : yviloria
John D. Tennert, Esq. (SBN 11728)
2 Elizabeth J. Bassett, Esq. (SBN 9013)
FENNEMORE CRAIG, P.C.
3 300 East Second Street, Suite 1510
Reno, NV 89501
4 Telephone: (775) 788-2200
Facsimile: (775) 786-1177
5 e-mail: jtennert@fclaw.com
ebassett@fclaw.com
6
Attorneys for Plaintiff Nevada Humane Society
7

8 IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA

IN AND FOR THE COUNTY OF WASHOE
9

10 NEVADA HUMANE SOCIETY, a Nevada non- CASE NO.

profit corporation,
11 DEPT. NO.
Plaintiff,
12
Tel: (775) 788-2200 Fax: (775) 786-1177

vs.
300 East Second Street, Suite 1510
FENNEMORE CRAIG, P.C.

13
CHRISTI QUATRO, an individual and doing
Reno, NV 89501

14 business as BIG FISH CONSULTING; and

15 DOES 1 through 10,

16 Defendants.

17
COMPLAINT
18 (Exempt from Arbitration – Equitable Relief Requested)
19
Plaintiff, NEVADA HUMANE SOCIETY (“Plaintiff”), by and through its counsel of
20
record, Fennemore Craig P.C., files its Complaint and alleges against above-named Defendant,
21
CHRISTI QUATRO (“Defendant”) as follows:
22
I. PARTIES, JURISDICTION AND VENUE
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1. Plaintiff Nevada Humane Society (“Plaintiff”) is a Nevada non-profit corporation
24
that operates animal shelters in Washoe County and Carson City and whose mission is to find
25
homes and provide care for homeless pets.
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2. Upon information and belief, Defendant Christi Quatro (“Defendant”) is a resident of
27
Washoe County, State of Nevada and is doing business as Big Fish Consulting.
28

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 1 3. Defendants sued hereunder the fictitious names of DOES 1 through 10, inclusive, are

2 individuals, corporations, entities, companies, partnerships or other interest holders who are

3 responsible to Plaintiff for the claims herein made, jointly and severally. Plaintiff is currently

4 unaware of the actual identities of such defendants, but anticipate that such defendants will be

5 identified through the process of this case, factual investigations hereafter and discovery conducted.

6 Upon ascertaining the true identities of such individuals, Plaintiff will supplement this Complaint,

7 or seek leave of court to amend this Complaint as necessary to specifically identify the fictitiously

8 named defendants with the true identities of such defendants.

9 4. Venue is proper in Washoe County because the events giving rise to the causes of

10 action against Defendant took place in Washoe County, State of Nevada.

11 II. GENERAL ALLEGATIONS

12 5. In 2015, Plaintiff first held its annual Heels & Hounds fundraiser. This fundraiser,
Tel: (775) 788-2200 Fax: (775) 786-1177
300 East Second Street, Suite 1510
FENNEMORE CRAIG, P.C.

13 which helps fund the Nevada Humane Society’s mission of helping homeless pets in Washoe
Reno, NV 89501

14 County and Carson City, includes a champagne brunch and a fashion show featuring local

15 celebrities and adoptable pets from Plaintiff’s shelters. It also features local boutiques and dog-

16 centric vendors for shopping, a silent auction, a live auction and a raffle.

17 6. Plaintiff has held a Heels & Hounds fundraiser each year since 2015 and has

18 advertised that the 2019 fundraiser would be held on April 7, 2019 at the Silver Legacy Casino
19 Resort (“Silver Legacy”).

20 7. Plaintiff has used and displayed the Heels & Hounds name and logo in advertising

21 and sales for the fundraiser from 2015 through the present.

22 8. Defendant was an employee of Plaintiff from April 2014 to September 2015, and was

23 employed by Plaintiff when the first Heels & Hounds event was held in April 2015. Defendant was

24 one of ten (10) committee members who worked together and on behalf of Plaintiff to hold

25 Plaintiff’s first Heels & Hounds fundraiser in 2015.

26 9. From 2016 through 2018, Defendant was hired by Plaintiff as an independent

27 contractor to assist with the Heels & Hounds fundraiser.

28 ///

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 1 10. As part of her retention as an independent contractor in 2018, Defendant signed a

2 “Nevada Humane Society Heels & Hounds Agreement and Disclosure 2018” (“Agreement”) that

3 limited the use of the Heels & Hounds name, logo and event “for the sole purpose of fundraising for

4 homeless pets at Nevada Humane Society”. See Agreement, attached hereto as Exhibit 1.
5 Defendant further agreed that:

6 the use of the Heels & Hounds name, logo, and event will only be used for the
benefit of the Nevada Humane Society. Heels & Hounds, established in 2015 by
7 Nevada Humane Society, will not be used for any other local organization in
8 Northern Nevada. Any staff, volunteer or independent contractor who may lead
or assist in putting on the event is not to reproduce the Heels & Hounds name,
9 logo and event.

10 11. On October 16, 2018, Defendant applied for and was granted a registered mark for
11 the Heels & Hounds trade name by the Nevada Secretary of State. In the application for the mark,
12
Tel: (775) 788-2200 Fax: (775) 786-1177

Defendant represented that she owned the trade name Heels & Hounds, that she had been using the
300 East Second Street, Suite 1510
FENNEMORE CRAIG, P.C.

13 trade name since 2015, that no other person in the State of Nevada has the right to use the name, and
Reno, NV 89501

14 that her use of the name and logo would not cause confusion, mistake or be calculated to deceive.
15 She attached a copy of Plaintiff’s advertisement for its 2018 Heels & Hounds fundraiser to her
16 application, which includes the Nevada Humane Society name and logo.
17 12. Upon learning of her registration of its Heels & Hounds trade name, Plaintiff sent
18 Defendant a letter demanding that Defendant cancel the mark registration that she obtained for the
19 Heels & Hounds trade name. Defendant refused to cancel the mark registration, indicating that she
20 obtained the mark in order to hold Heels & Hounds events in Las Vegas and other states.
21 13. On December 20, 2018, Defendant posted a “save the date” announcement on her
22 Facebook page for her own Heels & Hounds event to be held on April 14, 2019, at the Atlantis
23 Casino Resort. The announcement used the Heels & Hounds trade name and logo that had been
24 first used by Plaintiff in its 2015 event announcement and noted that the event would include a
25 fashion show, adoptable pets, champagne brunch, and shopping–all identical to the annual
26 fundraiser held by Plaintiff. The announcement further stated that the event would be “benefiting
27 homeless pets in Northern Nevada”. Comments made on the post show that people believed the
28 event being advertised by Defendant was actually Plaintiff’s annual fundraising event.

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 1 14. Plaintiff again contacted Defendant in January 2019 and requested that Defendant

2 cancel her registration of Plaintiff’s Heels & Hounds trade name and demanded that Defendant

3 immediately cease and desist her use of Plaintiff’s Heels & Hounds name and logo.

4 15. In response, on January 15, 2019, Defendant contacted Silver Legacy, where Plaintiff

5 planned to hold its 2019 Heels & Hounds fundraiser. Defendant represented to Silver Legacy that

6 she has the legal trademark for the Heels & Hounds event and is “actually the owner of the event.”

7 She further represented that she has owned and produced the Heels & Hounds event for the last four

8 years and is holding the same event on April 14, 2019. Defendant represented that Plaintiff was

9 being served with a cease and desist letter for trademark infringement and asked Silver Legacy to

10 refuse to hold Plaintiff’s event for “legal reasons”. Defendant went on to represent that she had

11 been planning her event for months and that Plaintiff was only planning its own event to “spite”

12 Defendant.
Tel: (775) 788-2200 Fax: (775) 786-1177
300 East Second Street, Suite 1510
FENNEMORE CRAIG, P.C.

13 16. Defendant’s misrepresentations to Silver Legacy caused the Silver Legacy to refuse
Reno, NV 89501

14 to hold the Heels & Hounds event even though Plaintiff has already advertised that its 2019 event

15 will be held at Silver Legacy.

16 17. Upon information and belief, Defendant also contacted Greater Giving, which is a

17 company that provides online ticket sales and online auction software for non-profits and which has

18 provided such services to Plaintiff for its Heels & Hounds fundraisers in the past and for its 2019
19 event. Defendant represented to Greater Giving that Plaintiff was using her trademarked event

20 without her permission and that Plaintiff was in violation of trademark laws. Defendant requested

21 that Greater Giving remove Plaintiff’s website built in Greater Giving’s software to sell tickets to

22 Plaintiff’s 2019 Heels & Hounds fundraising event. Defendant told Greater Giving that she would

23 be sending it a cease and desist letter.

24 18. As a result of Defendant’s conduct, it has been necessary for Plaintiff to retain the

25 services of the law firm of Fennemore Craig, P.C. to bring this Complaint.

26 ///

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14574337.1/040613.0002
 1 FIRST CAUSE OF ACTION
(Unfair Competition Based on Trade Name Infringement)
2

3 19. Plaintiff repeats and realleges the allegations of all preceding paragraphs as though

4 fully set forth herein and incorporates the same by reference.

5 20. The Heels & Hounds trade name and logo are a valid and protectable mark belonging

6 to Plaintiff. Plaintiff has used the Heels & Hounds trade name and logo since 2015, and its use of

7 the trade name and logo predates Defendant’s use of the identical name and logo. Plaintiff’s

8 consistent use of the Heels & Hounds trade name for five years has come to denote Plaintiff as the

9 sole source and/or provider of the Heels & Hounds event.

10 21. Defendant’s use of a confusingly similar and/or identical trade name and logo in

11 connection with advertising her own event has caused and is likely to cause confusion, deception

12 and mistake by creating the false and misleading impression that Defendant’s event is the same
Tel: (775) 788-2200 Fax: (775) 786-1177
300 East Second Street, Suite 1510
FENNEMORE CRAIG, P.C.

13 annual fundraiser put on by Plaintiff or that it is affiliated, connected or associated with Plaintiff or

has the sponsorship, endorsement or approval of Plaintiff.

Reno, NV 89501

14

15 22. Defendant has made false representations, false descriptions and false designations

16 of, on, or in connection with her event. Defendant’s actions have caused and, unless enjoined by

17 this Court, will continue to cause a likelihood of confusion and deception of members of the public

18 and, additionally, injury to Plaintiff’s goodwill and reputation, for which Plaintiff has no adequate

19 remedy at law.

20 23. Defendant’s actions demonstrate an intentional, willful and malicious intent to trade

21 on the goodwill associated with Plaintiff’s Heels & Hounds fundraiser to the great and irreparable

22 harm of Plaintiff.

23 24. As a result of Defendant’s conduct, Plaintiff has suffered damages in excess of

24 $15,000, and has been compelled to incur attorney fees and costs to pursue this action.

25 SECOND CAUSE OF ACTION

(Breach of Contract)
26
25. Plaintiff repeats and realleges the allegations of all preceding paragraphs as though
27
fully set forth herein and incorporates the same by reference.
28

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 1 26. Defendant entered into a valid and binding contract with Plaintiff, namely the

2 “Nevada Humane Society Heels & Hounds Agreement and Disclosure 2018” described herein and

3 attached hereto as Exhibit 1, in which Defendant was granted permission to use the Heels & Hounds

4 name and logo in her capacity as an independent contractor providing services for Plaintiff’s 2018

5 Heels & Hounds fundraiser based on her agreement that the use of the Heels & Hounds name, logo

6 and event was “for the sole purpose of fundraising for homeless pets at Nevada Humane Society”.

7 Defendant further agreed that:

8 the use of the Heels & Hounds name, logo, and event will only be used for the
benefit of the Nevada Humane Society. Heels & Hounds, established in 2015 by
9 Nevada Humane Society, will not be used for any other local organization in
10 Northern Nevada. Any staff, volunteer or independent contractor who may lead
or assist in putting on the event is not to reproduce the Heels & Hounds name,
11 logo and event.

12
Tel: (775) 788-2200 Fax: (775) 786-1177

27. Plaintiff performed all, or substantially all, of its obligations under the Agreement, or
300 East Second Street, Suite 1510
FENNEMORE CRAIG, P.C.

13 such obligations were excused.

Reno, NV 89501

14 28. All conditions required for Defendant’s performance under the Agreement occurred
15 or were excused.
16 29. Defendant breached the Agreement by, among other things, using the Heels &
17 Hounds logo for her own event which does not benefit Plaintiff and by reproducing the Heels &
18 Hounds name and logo without Plaintiff’s permission.
19 30. Defendant further breached the Agreement by registering Plaintiff’s trade name with
20 the Nevada Secretary of State.
21 31. As a result of Defendant’s breach of contract, Plaintiff has suffered damages in
22 excess of $15,000, and has been compelled to incur attorney fees and costs to pursue this action.
23 THIRD CAUSE OF ACTION
(Breach of the Covenant of Good Faith and Fair Dealing
24

25 32. Plaintiff repeats and realleges the allegations of all preceding paragraphs as though

26 fully set forth herein and incorporates the same by reference.

27

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14574337.1/040613.0002
 1 33. Plaintiff and Defendant entered into a valid and enforceable contract, namely the

2 “Nevada Humane Society Heels & Hounds Agreement and Disclosure 2018” described herein and

3 attached hereto as Exhibit 1.

4 34. Plaintiff performed all, or substantially all, of its obligations under the Agreement, or

5 such obligations were excused.

6 35. All conditions required for Defendant’s performance under the Agreement occurred

7 or were excused.

8 36. Defendant unfairly interfered with Plaintiff’s right to receive the benefits of the

9 Agreement by, among other things, using the Heels & Hounds logo for her own event which does

10 not benefit Plaintiff and by reproducing the Heels & Hounds name and logo without Plaintiff’s

11 permission. Defendant further unfairly interfered with Plaintiff’s right to receive the benefits of the

12 Agreement by registering Plaintiff’s trade name with the Nevada Secretary of State.
Tel: (775) 788-2200 Fax: (775) 786-1177
300 East Second Street, Suite 1510
FENNEMORE CRAIG, P.C.

13 37. As a result of Defendant’s breach of the covenant of good faith and fair, Plaintiff has
Reno, NV 89501

14 suffered damages in excess of $15,000, and has been compelled to incur attorney fees and costs to

15 pursue this action.

16 FOURTH CAUSE OF ACTION

(Declaratory Relief – Ownership of Heels & Hounds Trade Name)
17

18 38. Plaintiff repeats and realleges the allegations of all preceding paragraphs as though

19 fully set forth herein and incorporates the same by reference.

20 39. An actual controversy has arisen and now exists among Plaintiff and Defendant in

21 that Plaintiff contends that it is the rightful owner of the Heels & Hounds trade name, that

22 Defendant is not the owner of Heels & Hounds trade name, and that Defendant fraudulently

23 obtained her registration of the Heels & Hounds trade name with the Nevada Secretary of State.

24 40. Defendant denies Plaintiff’s contentions and claims that she is the rightful owner of

25 the Heels & Hounds trade name and that she rightfully obtained her registration of the Heels &

26 Hounds trade name with the Nevada Secretary of State.

27 41. NRS 600.390(3) provides that the Nevada Secretary of State shall cancel from its

28 register “any registration concerning which a court of competent jurisdiction finds that . . . (b) The

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 1 registrant is not the owner of the mark. (c) The registration was granted improperly. (d) The

2 registration was obtained fraudulently.” NRS 600.390(4) further provides that the Nevada Secretary

3 of State shall cancel from its register “[a]ny registration when a court of competent jurisdiction

4 orders cancellation of the registration on any ground.”

5 42. This is a proper action for declaratory relief in that the controversy among the parties

6 involves determining ownership of the Heels & Hounds trade name and whether Defendant’s

7 registered mark of that trade name should be canceled by the Nevada Secretary of State pursuant to

8 NRS 600.390.

9 43. A judicial determination in favor of Plaintiff and against Defendant is warranted on

10 the issues referenced above, and Plaintiff is entitled to a declaratory judgment on that basis.

11 FIFTH CAUSE OF ACTION

(Preliminary and Permanent Injunction)
12
Tel: (775) 788-2200 Fax: (775) 786-1177
300 East Second Street, Suite 1510
FENNEMORE CRAIG, P.C.

13 44. Plaintiff repeats and realleges the allegations of all preceding paragraphs as though

fully set forth herein and incorporates the same by reference.

Reno, NV 89501

14

15 45. Unless and until enjoined and restricted by Order of this Court, Defendant’s use of

16 the Heels & Hounds trade name and logo, wrongful assertion of ownership of the Heels & Hounds

17 trade name, interference with Plaintiff’s rightful use of the Heels & Hounds trade name, logo and

18 event, and Defendant’s interference with Plaintiff’s 2019 Heels & Hounds fundraising event will

19 cause great and irreparable injury to Defendant due to the of loss of use of its trade name and loss of

20 donations to support its charitable mission of finding homes and providing care for homeless pets.

21 46. Plaintiff has no adequate remedy at law for the injuries being suffered as a result of

22 Defendant’s actions.

23 47. The Court should enjoin Defendant, including Big Fish Consulting and any persons

24 or entities acting in active concert or participation with her, from (1) asserting ownership of the

25 Heels & Hounds trade name, logo or event; (2) using the Heels & Hounds trade name, logo or event

26 in any capacity; and (3) contacting any third-parties regarding, or in any way interfering with,

27 Plaintiff’s 2019 Heels & Hounds event during the pendency of these proceedings or until this Court

28 enters an order declaring the rightful owner of the Heels & Hounds trade name and logo.

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14574337.1/040613.0002
 1 SIXTH CAUSE OF ACTION
(Fraudulent Registration Under NRS 600.410)
2

3 48. Plaintiff repeats and realleges the allegations of all preceding paragraphs as though

4 fully set forth herein and incorporates the same by reference.

5 49. Defendant procured the registration of a mark for the Heels & Hounds trade name

6 with the Nevada Secretary of State by knowingly making false and fraudulent representations and

7 declarations in writing in violation of NRS 600.410.

8 50. As a result of Defendant’s violation of NRS 600.410, Plaintiff has suffered damages

9 in excess of $15,000, and has been compelled to incur attorney fees and costs to pursue this action.

10 SEVENTH CAUSE OF ACTION

(Wrongful Interference With Prospective Business Advantage)
11
51. Plaintiff repeats and realleges the allegations of all preceding paragraphs as though
12
Tel: (775) 788-2200 Fax: (775) 786-1177

fully set forth herein and incorporates the same by reference.

300 East Second Street, Suite 1510
FENNEMORE CRAIG, P.C.

13
52. Plaintiff had a prospective contractual relationship with Silver Legacy to hold its
Reno, NV 89501

14
2019 Heels & Hounds fundraiser at Silver Legacy’s venue.
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53. Defendant had knowledge of the prospective relationship between Plaintiff and
16
Silver Legacy.
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54. Defendant intended to harm Plaintiff by preventing the Silver Legacy from entering
18
into a contract with Plaintiff to hold the 2019 Heels & Hounds fundraiser.
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55. Defendant had no privilege or justification to interfere in Plaintiff’s prospective
20
contractual relationship with the Silver Legacy.
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56. Defendant’s actions caused the Silver Legacy to refuse to enter into a contract with
22
Plaintiff to hold the 2019 Heels & Hounds fundraiser.
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57. As a result of Defendant’s wrongful interference in its contractual relationship with
24
Silver Legacy, Plaintiff has suffered damages in excess of $15,000, and has been compelled to incur
25
attorney fees and costs to pursue this action.
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14574337.1/040613.0002
 1 EIGHTH CAUSE OF ACTION
(Business Disparagement)
2

3 58. Plaintiff repeats and realleges the allegations of all preceding paragraphs as though

4 fully set forth herein and incorporates the same by reference.

5 59. Defendant falsely and disparagingly represented to third-parties that Plaintiff is not

6 the owner of the Heels & Hounds trade name and that Plaintiff holding its 2019 Heels & Hounds

7 fundraise for the sole purpose of “spiting” Defendant.

8 60. Defendant made these representations with the intent to harm Plaintiff’s reputation

9 and its relationships with third-parties and to harm Plaintiff’s pecuniary interests.

10 61. Defendant knew at the time that she made these statements that they were false.

11 62. As a result of Defendant’s false statements, Plaintiff has suffered damages and

12 economic losses in excess of $15,000, and has been compelled to incur attorney fees and costs to
Tel: (775) 788-2200 Fax: (775) 786-1177
300 East Second Street, Suite 1510
FENNEMORE CRAIG, P.C.

13 pursue this action.

III. PRAYER FOR RELIEF

Reno, NV 89501

14

15 WHEREFORE, Plaintiff prays for judgment against Defendant as follows:

16 1. For judgment against the Defendant;

17 2. For an award of compensatory damages in excess of $15,000.00 and in an amount to

18 be determined at trial;

19 3. For declaratory relief declaring that Plaintiff (1) is the rightful owner of the Heels &

20 Hounds trade name and logo, (2) that Defendant is not the owner of Heels & Hounds

21 trade name and logo, (3) that Defendant fraudulently obtained her registration of the

22 Heels & Hounds trade name with the Nevada Secretary of State, and (4) that

23 Defendant’s registered mark of the Heels & Hounds trade name should be canceled

24 by the Nevada Secretary of State pursuant to NRS 600.390.

25 4. For injunctive relief enjoining Defendant, including Big Fish Consulting and any

26 persons or entities acting in active concert or participation with her, from (1)

27 asserting ownership of the Heels & Hounds trade name, logo or event; (2) using the

28 Heels & Hounds trade name, logo or event in any capacity; and (3) contacting any

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14574337.1/040613.0002
 1 third-parties regarding, or in any way interfering with, Plaintiff’s 2019 Heels &

2 Hounds event during the pendency of these proceedings or until this Court enters an

3 order declaring the rightful owner of the Heels & Hounds trade name and logo.

4 5. For attorney fees, litigation expenses and costs as provided by statute, contract and/or

5 equity;

6 6. For such other and further relief as the Court deems just and proper.

7 AFFIRMATION
(Pursuant to NRS 239B.030)
8
The undersigned does hereby affirm that the foregoing does not contain the social security
9
number of any person.
10

11 DATED: February 1, 2019.

FENNEMORE CRAIG, P.C.
12
Tel: (775) 788-2200 Fax: (775) 786-1177
300 East Second Street, Suite 1510

By: /s/ Elizabeth J. Bassett

FENNEMORE CRAIG, P.C.

13 John D. Tennert, Esq.

Elizabeth J. Bassett, Esq.
Reno, NV 89501

14
Attorneys for Plaintiff Nevada Humane Society
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 1 EXHIBIT INDEX
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DESCRIPTION NO. OF EXHIBIT
3 PAGES
Nevada Humane Society Heels & Hounds Agreement and Disclosure 1 1
4 2018
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300 East Second Street, Suite 1510
FENNEMORE CRAIG, P.C.

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Reno, NV 89501

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