30A Trademark Complaint

02990100.5

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA, PENSACOLA DIVISION

30A.COM LLC ) )

Plaintiff, ) ) v. ) Civil Action No. CV-________ ) ) MAUI WAVES, INC., ) NISSIM AFUTA and ) S & D TRADING COMPANY INC. ) )

Defendants. )

VERIFIED COMPLAINT

Plaintiff, 30A.com LLC (30A.com), for its verified complaint alleges as follows:

NATURE OF ACTION

1. This is an action for unfair competition and false designation of origin under

43(a) of the Lanham Act, 15 U.S.C. 1125(a); trademark infringement and counterfeiting in

violation of 32(a) of the Lanham Act, 15 U.S.C. 1114(1); deceptive and unfair trademark

practices in violation of Fla. Stat. 501.201 et seq. and related claims for trademark

infringement and unfair competition under common law.

THE PARTIES

2. 30A.com LLC is a limited liability company organized and existing under the

laws of the State of Florida with a principal address of 1053 E. Nursery Rd. Santa Rosa Beach,

Florida 32459.

3. Upon information and belief, Maui Waves, Inc. (Maui Waves) is a Florida

corporation with its principal place of business at 10343 E. Hwy 30A, Units 121, 122 and 133,

Seacrest Village, Florida 32459.

Case 3:14-cv-00379-RV-CJK Document 1 Filed 08/15/14 Page 1 of 31

02990100.5 2

4. Upon information and belief, S & D Trading Company Inc. (S&D Trading) is a

Florida corporation with its principal place of business at 4141 E. Highway 30A, Santa Rosa

Beach, Florida 32459.

5. Upon information and belief, Nissim Afuta (Afuta) is an individual residing in

Florida and the owner and/or controlling officer of Maui Waves and S&D Trading. Maui

Waves, S&D Trading and Afuta are hereafter referred to collectively as Defendants.

JURISDICTION AND VENUE

6. The Court has original jurisdiction over this subject matter of this action under 28

U.S.C. 1331 and 1338(a) and (b) and 15 U.S.C. 1121.

7. The Court has supplemental jurisdiction over 30A.coms state statutory and

common law claims pursuant to 28 U.S.C. 1367.

8. This Court has personal jurisdiction over Defendants because Defendants have,

inter alia, transacted business within this District, and/or committed tortious acts within this

District including, for example, committing intentional torts expressly aimed at 30A.com, a

company with its principal place of business in this District. Licciardello v. Lovelady, 554 F.3d

1280, 1288 (11th Cir. 2008).

9. Venue is proper in this District pursuant to 28 U.S.C. 1391 as the unlawful acts

of Defendants complained of herein have been committed by Defendants within this District and

have had or will have had effect in this District. Venue is proper within this division because the

unlawful acts of Defendants have been committed in this division and because all defendants are

citizens and residents of Florida and at least one defendant resides in this division.


02990100.5 3

FACTUAL BACKGROUND (30A.COM AND ITS TRADEMARK)

10. In January of 2007, Mike Ragsdale (Ragsdale) acquired the domain name

www.30A.com.

11. In August of 2007, Ragsdale launched a website hosted on the www.30A.com

domain name (30A Website). The purpose of the 30A Website was to assist Ragsdale with

promoting the businesses of others (Promotion Services) which happen to be located nearby

County Road 30A in Florida.

12. Ragsdale branded the Promotion Services with the following trademark, which he

displayed on the 30A Website:

(Original 30A Trademark).

13. In November of 2007, Ragsdale contracted with a design firm to have a new

trademark created as a replacement for the Original 30A Trademark. In April of 2008, Ragsdale

received the following design from the design firm:

(30A Round Blue Logo).


02990100.5 4

14. On May 2, 2008, Ragsdale formed 30A.com. Ragsdale is the sole member of

30A.com.

15. On May 7, 2008, 30A.com filed U.S. Trademark Application Serial No.

77/467,614 for the mark 30A and Design with the United States Patent & Trademark Office

(USPTO), as shown below:

(30A and Design Mark). Following an examiners amendment to the application, the

application sought protection of the 30A and Design Mark in connection with Clothing, namely,

t-shirts, collared shirts, caps, hats, blouses, shorts, sweatshirts, boxer shorts and jackets

(30A.com Goods) and Dissemination of advertising information for others via a website,

namely, advertising information on restaurants, food, bars, nightclubs, nightlife, hotels, beaches,

resorts, real estate, rentals, fishing, boating, exercise, parks, local news, shopping, charities, and

entertainment (30A.com Services).

16. In May of 2008, 30A.com began displaying the 30A and Design Mark in

connection with the 30A.com Goods and 30A.com Services over the Internet at the 30A Website

and in selected retail stores.

17. On March 17, 2009, the distinctiveness of the 30A and Design Mark was

acknowledged by USPTO when it issued a trademark registration on the principal register for

30A and Design in connection with the 30A.com Goods and 30A.com Services, U.S.

Registration No. 3,592,837. A copy of U.S. Registration No. 3,592,837 is attached hereto as part

of Exhibit A.


02990100.5 5

18. U.S. Registration No. 3,592,837 is valid and subsisting in law, was duly and

legally issued, is prima facie evidence of the validity of the mark registered, and constitutes

constructive notice of 30A.coms ownership of the 30A and Design Mark in accordance with

Sections 7(b) and 22 of the Federal Lanham Act, l5 U.S.C. 1115(a), 1057(b), and 1072.

Further, on June 18, 2014, the USPTO issued a Notice of Acceptance under Section 8 of the

Trademark Act, 15 U.S.C. 1058(a)(1) and Section 15 of the Trademark Act, 15 U.S.C. 1065

for U.S. Registration No. 3,592,837. Accordingly, 30A.coms rights to U.S. Registration No.

3,592,837 are Incontestable under Section 15 of the Trademark Act, 15 U.S.C. 1065. A copy

of the Notice of Acceptance is attached hereto as part of Exhibit A.

19. As described below, in the six years since 30A.com first adopted and used the

30A and Design Mark, consumer recognition of the mark has grown substantially. The 30A and

Design Mark is now regularly seen affixed to car windshields and bumpers throughout the

United States, particularly in the Southeast, and is the subject of articles published by well-

known magazines having a combined circulation in excess of 6 million. The 30A and Design

Mark has even become the subject of parody and song.

20. More particularly, in April of 2009, 30A.com was selling 30A and Design

branded clothing from eight retail locations in Florida. By February of 2012, 30A.com was

selling 30A and Design branded clothing from 25 retail locations in Florida, had distributed over

240,000 decals displaying the now famous 30A Round Blue Logo and was enjoying 80,000 fans

on the companys Facebook page.

21. In April of 2011, the 30A and Design Mark became the subject of a song when

Nashville recording artist Bryan Kennedy released the song Life Shines (The 30A Song). See

http://youtu.be/mJgu5c11ASo. Life Shines refers to a variant of the 30A and Design Mark


02990100.5 6

used by 30A.com since August of 2008 to promote its on-line retail store featuring 30A and

Design branded products. The 30A LIFE SHINES and Design Mark is shown below:

22. In January of 2012, The Local Voice, an Oxford, Mississippi-based college

newspaper, published a parody featuring the 30A and Design Mark titled, 30A Sticker Improves

Sophomores Social Status. See http://www.thelocalvoice.net/oxford/?p=319. In the article, the

30A sticker is referred to as iconic and described as capable of garnering respect for those

who display the stickers on their cars.

23. In the February 2012 issue of Florida Travel+Life, the 30A and Design Mark was

the subject of an article which read, in part, The sense of communal pride inspires locals and

wannabes to emblazon their cars with circular Gulf-blue 30A stickers. See

http://www.floridatravellife.com/articles/what-its-live-along-highway-30a.

24. In April of 2012, the 30A and Design Mark was the subject of a Southern Living

magazine article, which included the following quotes:

Youve probably seen them round, blue 30A stickers adorning cars on

highways all over the South. More than a quarter of a million are now strewn throughout

the planet and spotted in places as far afield as Afghanistan, Uruguay and Iceland.

What started as a way for a family to welcome friends has become an important

Gulf Coast tourism tool, racking up some 150,000 unique viewers per week, a Facebook

roll call of more than 75,000 fans and Android and iPhone apps

30A.com has exploded.


02990100.5 7

25. In April of 2012, 30A.com launched a new website at http//www.30Agear.com

from which 30A.com sold and continues to sell items including, inter alia, clothing displaying

the 30A and Design Mark.

26. In June of 2012, the 30A.com Facebook page, which prominently features the

30A and Design Mark passed 100,000 fans.

27. In July of 2012, 30A.com launched a clothing line under the 30A and Design

Mark featuring the artwork of award-winning artist Allison Wickey.

28. In August of 2012, 30A.com launched a clothing line under the 30A and Design

Mark featuring the artwork of award-winning artist Justin Lyons.

29. In November of 2012, the 30A and Design Mark was mentioned in an Atlanta

Magazine article titled, How Southern Are You? The article included a number of questions.

As shown below, question no. 24 of the article asked, Are any of the following adhered to a

vehicle you own? and was followed by the 30A and Design Mark and three other well-known

brands:

See http://30a.com/atlanta-magazine-has-a-how-southern-are-you-quiz-in-their-new-issue-check-

out-question-23/.

30. In November of 2012, 30A.com partnered with YOLO Board, the well-known

maker of stand-up paddle boards to offer a 30A and Design Mark branded standup paddle board.


02990100.5 8

31. In an April 2013 issue of Memphis magazine, the 30A and Design Mark was

mentioned: You dont have to look very hard to notice that 30A has a strong presence in

Memphis. Whether youre on the interstate or a backroad, youre likely to spot the circular blue

logo on bumper stickers across the Mid-South.

32. In April of 2013, 30A.com and Grayton Beer Company announced a partnership

to launch 30A Beach Blonde Ale which is promoted under the 30A and Design Mark, as shown

below:

The first bottle of 30A Beach Blonde Ale rolled off the bottling line at Grayton Beer Company in

February of 2014 and quickly became one of the best-selling craft beers in Northwest Florida.

Further, the distinctiveness of the 30A and Design Mark, when used in connection with beer, was

acknowledged by USPTO when it issued a trademark registration on the principal register for

30A and Design in connection with beer, U.S. Registration No. 4,585,336, on August 12, 2014.

A copy of U.S. Registration No. 4,585,336 is attached hereto as Exhibit B.

33. In May of 2013, television station WEAR-ABC in Pensacola aired a spot about

30A.com and the 30A and Design Mark in which the announcer stated, A website that started to

promote a small stretch of coastline is fast becoming an international brand and 30A is more

than just a road in Florida.


02990100.5 9

34. In an April 2014 issue of U.S. Airways Magazine, the 30A and Design Mark was

featured in an article. The article read in part, The bright blue circles appear on cars hundreds

of miles from their source. A mystery to many, the stickers trigger fond memories for those

familiar with one of Americas most rewarding coastal drives: Highway 30A in the Florida

Panhandle. For them, 30A means good times on the Gulf Coast.

35. In July of 2014, a 30A and Design Mark branded coffee was launched by

30A.coms licensee, Amavida Coffee and tea:

36. Since launching the website at http://www.30AGear.com in April of 2012,

30A.com has shipped over 5,000 Official 30A Gear orders to all 50 states and Guam. The

30A.com Facebook page, which prominently displays the 30A and Design Mark, now has over

295,000 fans in cities across the U.S. and around the world.

37. As shown below, the 30A and Design Mark is now used to brand a large number

of goods including clothing, paddle boards, smart phone pockets, magnets, stickers, beer, coffee,

blankets, hats, luggage tags, bottles, jars, golf balls, cups, discount cards, cup holders, beach

chairs, towels, key chains, dog leashes, jewelry, pet collars, tire covers, books, car tags,

Christmas ornaments, mobile phone software applications and coasters (collectively, 30A and

Design Branded Goods):


02990100.5 10


02990100.5 11

38. 30A.com has invested substantial resources in promoting its goods and services

under the 30A and Design Mark throughout the United States. Through these and related efforts,

consumers have come to recognize the 30A and Design Mark and associate such proprietary

indicia with 30A.com.

DEFENDANTS AND THEIR WRONGFUL CONDUCT

39. Upon information and belief, Afuta is an owner and/or controlling officer of Maui

Waves and S&D Trading.

40. Defendants are in the business of operating retail store locations from which

clothing and other items are sold. The store locations operate under the names Maui Waves

and Snappy Turtle.

41. In July of 2010, Ragsdale learned that Afuta had copied the 30A and Design Mark

and was displaying a replica of 30A and Design Mark on productsincluding, but not limited to

clothingin a Snappy Turtle store (Counterfeit Goods). After learning of Afutas

unauthorized adoption and use of the 30A and Design Mark, Ragsdale notified Afuta of


02990100.5 12

30A.coms exclusive rights in the 30A and Design Mark and U.S. Registration No. 3,592,837.

Subsequent to the notice of their infringement, Defendants eventually ceased use of the replica of

the 30A and Design mark and removed the Counterfeit Goods from store shelves.

42. In June of 2014, Ragsdale learned that Defendants had again knocked-off the 30A

and Design Mark by offering for sale clothing depicting a slightly altered and confusingly similar

version of the 30A and Design Mark, as shown below:

(Infringing Mark). As evidenced in the foregoing photograph, Defendants display the TM

symbol in connection with the Infringing Mark thereby asserting that the Infringing Mark is and

functions as a trademark.

43. The clothing depicting the Infringing Mark (Infringing Clothing) is distributed

by Exist, Inc. and possibly other companies. Upon information and belief, Afuta induced and

continues to induce Exist, Inc. and others to manufacture and/or distribute the Infringing


02990100.5 13

Clothing with full knowledge of 30A.coms exclusive rights in the 30A and Design Mark and

U.S. Registration No. 3,592,837.

44. In response to Maui Waves unauthorized use of the 30A and Design Mark,

counsel for 30A.com forwarded a letter to Afuta on June 13, 2014, requesting that Defendants

cease use of the Infringing Mark in view of 30A.coms rights in the 30A and Design Mark and

U.S. Registration No. 3,592,837.

45. By way of a letter dated July 14, 2014, Afuta communicated his refusal to cease

use of the Infringing Mark and notified 30A.coms counsel that S&D Trading filed a federal

trademark application on June 10, 2014, for the Infringing Mark, U.S. Application Ser. No.

86/306,015 for wearing apparel, as shown below:

In his letter, Afuta wrongfully claimed that the Infringing Mark was the subject of a federal

trademark registration. Counsel for 30A.com notified Afuta that the Infringing Mark is not

federally registered.

46. On July 16, 2014, Ragsdale and Afuta met to discuss Defendants use of the

Infringing Mark. During that meeting, Afuta represented that he intended to continue selling the

Infringing Clothing and threatened to display the Infringing Mark in connection with additional

goods. Afuta further represented that he intended to open an Everything 30A Store from

which he would offer for sale many products displaying the Infringing Mark.


02990100.5 14

47. Making good on his threats, Afuta has since increased the number of items on

which he is displaying the Infringing Mark. For example, on or about July 19, 2014, Afuta

created a Facebook page under the name VISIT 30A TODAY where he displayed the Infringing

Mark and promoted items such as decals or magnets branded with the Infringing Mark

(Infringing Decals). The Infringing Decals included the federal trademark notice, although

Defendants do not own a federal trademark registration for the Infringing Mark. Screenshots

from the VISIT 30A TODAY Facebook page are provided below:


02990100.5 15

At 30A.coms request Facebook shutdown the VISIT 30A TODAY Facebook page on the basis

the page included content that infringes upon 30A.coms rights in the 30A and Design Mark.


02990100.5 16

48. On or about July 21, 2014, Maui Waves received a shipment of shirts and other

items such as visors, hats, and beach towels, all of which display the Infringing Marks. A

photograph of the infringing beach towels is shown below:

The beach towels and other items displaying the Infringing Mark are, in combination with the

Infringing Clothing, Counterfeit Goods and Infringing Decals, collectively referred to as the

Infringing Goods.


02990100.5 17

49. Not content to simply copy and knock-off 30A.coms 30A and Design Mark,

Defendants, on or about July 29, 2014, placed the following sign in front of a Maui Wave store

location:

Despite knowing that the Infringing Mark is not a federally registered trademark, Defendants

placed the federal trademark notice on the sign. Upon information and belief, Defendants are

using the word Official on signage and displaying the federal trademark notice in

connection with the Infringing Mark to mislead consumers into believing that Defendants are

somehow affiliated with, endorsed by, or sponsored by 30A.com, when in fact they are not.


02990100.5 18

50. Recently, Defendants have displayed and used the Infringing Mark in connection

with marketing as follows:


02990100.5 19

51. As shown in the following side-by-side comparisons of the 30A Design and Mark

and the Infringing Mark, Defendants currently are using the Infringing Mark in connection with

the sale of the same goods that bear the 30A Design and Mark:


02990100.5 20


02990100.5 21

52. 30A.com customers have been confused by Defendants Infringing Mark and

Infringing Goods and have bought Infringing Goods when they were instead seeking to buy

products bearing the 30A Design and Mark. See Affidavit attached hereto as Exhibit C.

53. Upon information and belief, Defendants adopted the Infringing Mark with the

intent of tarnishing and/or damaging the 30A and Design Mark and causing confusion among

customers intending to purchase 30A.coms 30A and Design Branded Goods.

54. Upon information and belief, Defendants are knowingly using the Infringing

Mark to tarnish and/or damage the 30A and Design Mark and cause confusion among customers

intending to purchase 30A.coms 30A and Design Branded Goods.


02990100.5 22

55. If Defendants are allowed to continue using the Infringing Mark, including

expanding its use to additional good and services as threatened by Afuta, the value of the 30A

and Design Mark will be diminished and consumers will continue to mistakenly believe that

Defendants are affiliated with or sponsored or endorsed by 30A.com, which they are not.

56. Upon information and belief, Defendants have diverted consumers from 30A.com

and benefited monetarily from using the Infringing Mark.

57. Defendants are not now and have never been authorized or licensed in any way by

30A.com to use or exploit the 30A and Design Mark or any mark similar thereto.

COUNT I

UNFAIR COMPETITION, FALSE DESIGNATIONS OF ORIGIN AND FALSE AND MISLEADING DESCRIPTIONS AND REPRESENTATIONS

58. 30A.com realleges all previous paragraphs of this Complaint as if fully set forth

herein.

59. Defendants use of the Infringing Mark constitutes unfair competition pursuant to

15 U.S.C. 1125(a). Defendants use of the Infringing Mark is deceptive and likely to cause

confusion and mistake among consumers. Defendants unfair competition has caused and will

continue to cause damage to 30A.com.

60. Upon information and belief, Defendants actions are undertaken for the willful

and calculated purpose of destroying 30A.coms goodwill in its products and services and for the

willful and calculated purpose of misleading and deceiving the public and to steal 30A.coms

customers.

61. The activities of Defendants have caused and will cause irreparable harm to

30A.com for which 30A.com has no adequate remedy at law. Accordingly, 30A.com is entitled

to injunctive relief pursuant to 15 U.S.C. 1116(a).


02990100.5 23

62. In addition to 30A.coms actual damages, 30A.com is entitled to receive

Defendants profits pursuant to 15 U.S.C. 1117(a).

63. 30A.com is also entitled to recover its attorneys fees and costs of suit pursuant to

15 U.S.C. 1117.

COUNT II

FEDERAL TRADEMARK INFRINGEMENT


herein.

65. Defendants use of the Infringing Mark comprises an infringement of 30A.coms

registered trademark 30A and Design, U.S. Registration No. 3,592,837, is deceptive and likely to

cause confusion and mistake among the public as to the identity and origin of 30A.coms goods

and services.



willful and calculated purpose of misleading and deceiving the public and stealing 30A.coms

customers.

67. By reason of the foregoing acts, Defendants are liable to 30A.com for trademark

infringement under 15 U.S.C. 1114.

68. The activities of Defendants have caused and will cause irreparable harm to

30A.com for which 30A.com has no adequate remedy at law. Accordingly, 30A.com is entitled

to injunctive relief pursuant to 15 U.S.C. 1116(a).

69. In addition to 30A.coms actual damages, 30A.com is entitled to receive

Defendants profits pursuant to 15 U.S.C. 1117(a).


02990100.5 24

70. 30A.com is also entitled to recover its attorneys fees and costs of suit pursuant to

15 U.S.C. 1117.

COUNT III

TRADEMARK COUNTERFEITING


herein.

72. Defendants use of replica of 30A.coms registered trademark 30A and Design,

U.S. Registration No. 3,592,837, is deceptive and likely to cause confusion and mistake among

the public as to the identity and origin of 30A.coms goods and services.



willful and calculated purpose of misleading and deceiving the public and stealing 30A.coms

customers.

74. By reason of the foregoing acts, Defendants are liable to 30A.com for trademark

counterfeiting under 15 U.S.C. 1114.

75. The activities of Defendants have caused and will continue to cause irreparable

harm to 30A.com for which 30A.com has no adequate remedy at law. Accordingly, 30A.com is

entitled to injunctive relief pursuant to 15 U.S.C. 1116(a).

76. 30A.com is entitled to recover its attorneys fees, costs of suit, treble damages

and/or statutory damages pursuant to 15 U.S.C. 1117.


02990100.5 25

COUNT IV

COMMON LAW TRADEMARK INFRINGEMENT


herein.

78. 30A.com, by virtue of its prior adoption and use of the 30A and Design Mark and

30A Round Blue Logo in interstate commerce, has acquired, established and owns valuable

common law rights in the 30A and Design Mark and 30A Round Blue Logo, which serve to

identify the goods and services offered by 30A.com alone, and the goods and services offered in

connection with that mark are regarded by the public as being offered by, sponsored by,

approved by, authorized by, associated with, or affiliated with 30A.com.

79. Defendants have acquired and are using the 30A and Design Mark and 30A

Round Blue Logo, without authorization, in commerce in connection with the advertising or

promotion of the Infringing Goods and related services, and such use is deceptive and likely to

cause confusion and mistake among consumers as to the true source or sponsorship of such

goods and related services.

80. Defendants conduct constitutes trademark infringement in violation of the

common law of the State of Florida.

81. As a direct and proximate result of Defendants trademark infringement, 30A.com

has suffered actual and irreparable injury for which no adequate remedy exists at law.

82. Defendants wrongful conduct will continue to cause such injury unless enjoined

by this Court.


02990100.5 26

COUNT V

UNFAIR COMPETITION


herein.

84. Defendants, by their conduct described above, is using in commerce in Florida a

colorable imitation of 30A.coms 30A and Design Mark and 30A Round Blue Logo in

connection with advertising, sale, offering for sale and distribution of the Infringing Goods.

Defendants use of the Infringing Mark constitutes passing off, infringement and

misappropriation of 30A.coms 30A and Design Mark and 30A Round Blue Logo, all in

violation of the law of unfair competition.

COUNT VI

UNFAIR COMPETITION


herein.

86. 30A.com and Defendants are commercial competitors. Defendants actions as

described above constitute deceptive and unfair trade practices as defined in Fla. Stat.

501.203(a)-(c).

87. 30A.com does not have an adequate remedy at law, and will continue to be

damaged by Defendants actions unless this Court enjoins Defendants from such business

practices. 30A.com is entitled to recover its attorneys fees and costs and provided by Fla. Stat.

501.2105


02990100.5 27

PRAYER FOR RELIEF

WHEREFORE, 30A.com respectfully prays that:

1. The Court enter a judgment that the 30A and Design Mark and 30A Round Blue

Logo are valid and enforceable, and that Defendants, as a result of their unauthorized use of the

30A and Design Mark, and 30A Round Blue Logo and/or the Infringing Mark, have:

a. infringed 30A.coms rights in the 30A and Design Mark, U.S.

Registration 3,592,837, in violation of 15 U.S.C. 1114(1), and the common law

of the State of Florida;

b. engaged in trademark counterfeiting of the 30A and Design Mark,

U.S. Registration No. 3,592,837, in violation of U.S.C. 1114(1).

c. engaged in unfair competition with 30A.com in violation of the

Federal Lanham Act, 15 U.S.C. 1125(a)(1)(A) and the common law of the State

of Florida; and

e. engaged in deceptive and unfair trade practices as defined in Fla.

Stat. 501.203(3)(a)-(c).

2. Defendants and their agents, officers, suppliers, distributors, employees,

representatives, successors, assigns, attorneys and all other persons acting for, with, by, through

or under authority from Defendants, and each of them, be temporarily and permanently enjoined

from:

a. using 30A.coms 30A and Design Mark, 30A Round Blue Logo or

any colorable imitation thereof;

b. using any trademark that imitates or is confusingly similar to or in

any way similar to said trademarks, or that is likely to cause confusion, mistake,


02990100.5 28

deception, or public misunderstanding as to the origin of 30A.coms products and

services or their connectedness to Defendants;

c. passing off or inducing or enabling others to sell or pass off any

goods or services that are not authorized by 30A.com as goods or services

sponsored or endorsed by, associated or affiliated with 30A.com;

d. registering, trafficking in or using any State or Federal trademark

that incorporates 30A.coms 30A and Design Mark, and 30A Round Blue Logo

or any colorable imitation thereof;

e. diluting the distinctive quality of the 30A and Design Mark and

30A Round Blue Logo;

f. displaying the Infringing Mark in connection with any

advertisement or promotion including, without limitation, on printed materials

such as signs or over the Internet;

g. displaying, offering for sale and selling the Infringing Goods and

Infringing Clothing;

h. registering, trafficking in or using any domain name that includes

the term 30A, whether alone or in combination with other text, words, letters or

numbers; and

i. otherwise using any trademark that includes the term 30A,

whether alone or in combination with other text, words, letters or numbers, in

connection with clothing, paddle boards, smart phone pockets, magnets, stickers,

beer, coffee, blankets, hats, luggage tags, bottles, jars, golf balls, cups, discount

cards, cup holders, beach chairs, towels, key chains, dog leashes, jewelry, pet


02990100.5 29

collars, tire covers, books, car tags, Christmas ornaments, mobile phone software

applications or coasters or the dissemination of advertising information for others

via a website, namely, advertising information on restaurants, food, bars,

nightclubs, nightlife, hotels, beaches, resorts, real estate, rentals, fishing, boating,

exercise, parks, local news, shopping, charities, and entertainment.

3. A judgment that, pursuant to 15 U.S.C. 1117, Defendants be held liable for all

damages suffered by 30A.com resulting from the acts alleged herein and that such damages be

trebled;

4. Pursuant to 15 U.S.C. 1117, Defendants be compelled to account to 30A.com

for any and all profits derived by them from their illegal acts complained of herein;

5. Defendants be ordered pursuant to 15 U.S.C. 1118 to deliver up for destruction

all containers, labels, signs, prints, packages, wrappers, receptacles, advertising, promotional

material or the like in possession, custody or under the control of Defendants bearing a

trademark found to infringe 30A.coms trademark rights, as well as all plates, matrices, and other

means of making the same;

6. Defendants be ordered to submit a report in writing under oath setting forth in

detail the manner and form in which Defendants have complied with the injunction, as provided

by Section 34(a) of the Lanham Act;

7. Defendants be ordered to publically display corrective advertising for informing

consumers of their unauthorized use of 30A.coms trademarks and lack of affiliation with, or

sponsorship or endorsement by, 30A.com;

8. Defendants be ordered to pay an award of damages in an amount to be determined

at trial, plus pre- and post- judgment interest;


02990100.5 30

9. Defendants be ordered to pay an award of punitive damages as allowable under

the law;

10. Instead of actual damages and profits and at 30A.coms discretion, Defendants be

ordered to pay an award of statutory damages pursuant to 15 U.S.C. 1117(c);

11. The Court declare this to be an exceptional case and award 30A.com its full costs

and reasonable attorneys fees pursuant to 15 U.S.C. 1117;

12. The Court grant 30A.com any other remedy to which it may be entitled as

provided for in 15 U.S.C. 1116 and 1117 or under state law; and

13. The Court grant 30A.com such and other further relief that the Court deems just

and proper.

JURY DEMAND

Plaintiff hereby demands a trial by jury of all issues in this case.

DATED this 15th day of August, 2014.

Respectfully submitted,

/s/ Scott A. Remington SCOTT A. REMINGTON Florida Bar No. 122483 TREVOR A. THOMPSON Florida Bar No. 0068006 CLARK, PARTINGTON, HART, LARRY, BOND & STACKHOUSE P. O. Box 13010 Pensacola, FL 32591-3010 Tel: 850-434-9200 Fax: 850-432-7340 Attorneys for Plaintiff, 30A.com LLC


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30A Trademark Complaint

Documents

Transcript of 30A Trademark Complaint