Case 2:14-cv MRP-MAN Document 1 Filed 04/23/14 Page 1 of 13 Page ID #:1. Deadline.com

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1 Case :-cv-0-mrp-man Document Filed 0// Page of Page ID #: Alan Jay Weil (SBN ) GAIMS WElL WEST LLtf Century Park East, Floor Los Angeles, California 00- Telephone: () 0- FacsImile: (Q) - ajweil@gwwe.com Douglas A. Rettew (Pro Hac Vice atr:lication in process) Julia Anne Matheson (SBN FINNEGAN, HENDERSON, FA BOW, GARRETT & DUNNER, L.L.P. 0 New York Avenue, N.W. Washington, DC 000 Telephone: (0) FacsImile: (0) doug.rettew@finnegan.com julia.matheson@finnegan.com Attorneys for Comedy Playground, LLC COMEDY PLAYGROUND, LLC, a California limited liability company, Plaintiff, v. NBCUNIVERSAL MEDIA, LLC, a Delaware limited liability company, 0 Defendant. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Case No.: :-CIV-0 COMPLAINT FOR FEDERAL AND STATE TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION DEMAND FOR JURY TRIAL Plaintiff Comedy Playground, LLC, by its undersigned attorneys, alleges as follows, upon actual knowledge with respect to itself and its own acts, and upon information and belief as to all other matters:. under federal and state law. NATURE OF THE ACTION This is a civil action for trademark infringement and unfair competition

2 Case :-cv-0-mrp-man Document Filed 0// Page of Page ID #:. While this case involves comedy, it's no laughing matter. For over a decade, Plaintiff Comedy Playground has creatively employed the medium of comedy to train youth, business people, and senior citizens alike in the skills of public performance, comic timing, self esteem, public speaking, team building, and personal achievement. Designed to appeal to participants of all ages, ethnicities, and cultural backgrounds, Comedy Playground's programs have been implemented regionally, nationally, and internationally, and enjoy a strong base of support among parents, educators, and comedic professionals alike. Comedy Playground alumni have gone on to professional entertainment careers, including the comedy club circuit, television commercials, successful sitcoms, and feature films.. Ironically, despite Comedy Playground's longstanding nationwide rights in the COMEDY PLAYGROUND name and mark, NBC has adopted the identical name and mark for its own nationwide contest to identify fresh, comedic talent for new television comedies to air on NBC television networks. The harm caused by NBC's actions to Comedy Playground and its reputation is devastating and irreversible. Even though NBC's contest has not yet formally begun, Comedy Playground has already experienced multiple instances of actual confusion. If 0 permitted to continue, NBC's use of the COMEDY PLAYGROUND name and mark will deceive the public about the relationship of the parties and effectively obliterate Comedy Playground's hard earned reputation and goodwill. THE PARTIES. Plaintiff Comedy Playground, LLC is a California limited liability company with a principal place of business at N. Catalina Avenue, Pasadena, California.. Defendant NBCUniversal Media, LLC is a Delaware limited liability company, with a principal place of business at 0 Rockefeller Plaza New York, NY.

3 Case :-cv-0-mrp-man Document Filed 0// Page of Page ID #: et seq. JURISDICTION AND VENUE. This action arises under the federal Trademark Act, U.S.C.,. This Court has jurisdiction over the subject matter of this action pursuant to U.S.C. and U.S.C. and (a)-(b). This Court also has diversity jurisdiction under U.S.C. because Comedy Playground and NBC reside in different states, namely, California and New York, respectively, and the amount in controversy exceeds $,000 exclusive of interest and costs. This court has personal jurisdiction over Defendant, and venue is proper in the Central District of California pursuant to U.S.C. (b) and (c). Defendant is doing business in this District, and a substantial portion of Defendant's unlawful activities has taken place in this District. COMEDY PLAYGROUND AND ITS FEDERALLY REGISTERED "COMEDY PLAYGROUND" TRADEMARK. Founded in Los Angeles in 00 at the McCadden Theater In Hollywood, and offering on-going performances from the world-famous Hollywood Improv since 00, Comedy Playground is an entertainment company that provides comedy seminars, classes, coaching, and performance opportunities in the field of comedy. 0. Comedy Playground is run by professional comediennes; its founder boasts such comedy credits as The Improv, The Comedy Store, Comedy Union, and Laugh Factory, among dozens of other venues. Its student body spans all ages and demographics, from teens, to corporations, to senior citizens. And its alumni have gone on to the professional comedy club circuit as well as successful sitcoms and feature films.. Comedy Playground has used COMEDY PLAYGROUND as both its name and service mark since its inception in 00.. Comedy Playground registered the "comedyplayground.com" domain

4 Case :-cv-0-mrp-man Document Filed 0// Page of Page ID #: 0 name in October 00, and has operated an active website at that location since its launch. It has also maintained an active online presence across social media channels including a Facebook page, communications on Twitter using the "#comedyplayground" hashtag, and on Y outube both through general postings and via its own channel. - ",Up t/(omedypiayground.com p. I ~ X - j HomeP.g. - Come,. x File Edit View favoriln Tools Help x Go ' comedy playground 'J Search, NI II Shar. f!io.! Chedt Tr.osIat. ' Autofill comedy playground Q Suggffiod Sit "'$ fgr.-sghiiu,joi' more Horne About Claues Slog Chanty EVI!nts Gall~ry News Contact Wh.'U People are Sa)'lng... Student ShoWQS(\ flqn,,"oflul'wordw( 0wIdr"'_'" -... t... 'Iic;kQs of CIt. p.kt and ~""""O", paomn"~ nfe Vodeos COMEDY PLAYGROUND : a.nc} '" 'Its Folio "me' '?-'.. t;:;;li~ "'~ ;~ "-.. ~. I JPM ~~ " ~~' ~~ '...' ~ ' " ' I mof'". /)}/lot.l. In the more than a decade since its launch, Comedy Playground has been an active contributor to charitable causes, through its hosting and production of live fund-raising events, and by bringing its special brand of humor and compassion to charities including Children Affected by Aids, the Cancer Awareness Club, A Place Called Home (a charity serving youth in South Central, LA), Legacy LA (a community-based non-profit focused on youth development in East, LA), the Teak Fellowship (a NYC-based community organization); and others.

5 Case :-cv-0-mrp-man Document Filed 0// Page of Page ID #:. Comedy Playground has also dedicated significant time and resources to youth in the Los Angeles area, offering on-site programs in local schools, and to disadvantaged inner-city and at-risk kids through local organizations such as the Hollywood YMCA, the Hollywood Boys and Girls Club, Los Angeles Hollygrove, as well as extending scholarship opportunities to children working with inner-city community organizations.. Over the years since its inception, numerous high-profile comedians have contributed both their time and considerable talent to furthering Comedy 0 Playground's youth-based community and charitable efforts, both as supporters and guest speakers/artists.. Comedy Playground owns the following valid, subsisting federal trademark registration for its COMEDY PLA YGROUND mark for its vanous entertainment and educational services, the details of which appear below: Mark COMEDY PLAYGROUND Reg. No.! Reg. Date 0 July, 00 Goods EducatIOnal services, namely, conducting classes seminars and workshops in t~~ fiel~ of c0!lle~y, stand up comeay, wntmg, ImprOVIsatIOn and performance and distrioution of course material in connection therewith; Educational services, namely, conducting classes seminars and workshops in t~~ fiel.d of c0!lle~y, stand up comeay, wntmg, ImprOVIsatIOn and performance; Entertainment in the nature of live comedy shows, including stand up comedy, improvisational comedy and sketch comedy; Entertainment Services, namely, providing a website featuring, photographic, audio; video and prose presentations featunng comedy workshops and performances; Workshops and seminars in the field of ~omedy, st~nd up comedy, writing, ImprOVIsatIOn and performance.

Case :-cv-0-mrp-man Document Filed 0// Page of Page ID #: 0 (A printout of this registration from the United States Patent and Trademark Office online database is attached as Exhibit A.).

6 Case :-cv-0-mrp-man Document Filed 0// Page of Page ID #: 0 (A printout of this registration from the United States Patent and Trademark Office online database is attached as Exhibit A.). Comedy Playground's registration for its COMEDY PLAYGROUND mark constitutes prima facie evidence of the validity of that mark, of Comedy Playground's ownership of that mark, and of Comedy Playground's exclusive right to use that mark. DEFENDANT AND ITS WRONGFUL ACTS. On April, 0, NBC announced the launch of COMEDY PLAYGROUND, "a contest intended to identify talent for the development of two new television comedies for the NBC television network." NBC subsequently launched a website devoted to the contest at A page capture of that page is below: file Edit View Favontes Took H~p C<> ~ coltlqdy playground ~ '.. S..,ch - - a Shore - jill - ~ Chod< - II Tronsiot. - AuIofili - comedy ployground WELCOME TO THE NBC COMEDY PLAYGROUND 00 you have a ground-breakinc comtdy idea? We're listeninll Oorcoalls to discover fresh, comedic voices in an innovative, new way. Here's how it works: I.., I """'" l... lon-air Wirm... Product Their Conwdi" I Di&itat Winner Product'S His/Htr Conwdy. ~ ShowPreml.m on NBC ~ Showo.butlf, Online Signln ".

7 Case :-cv-0-mrp-man Document Filed 0// Page of Page ID #: 0. Under its rules, COMEDY PLAYGROUND contestants submit samples of their existing comedy work, sitcom pitch, and resume. After several rounds of judging, an Advisory Board-comprised of "today's top names in comedy"- will choose two on-air winners. From the remaining finalists, the public will choose a "digital winner.". Each of the two on-air WInners will have his or her sitcom pitch developed into a television show by NBC. And the digital winner will have his or her sitcom pitch developed into a "Digital Program" for online broadcast. 0. According to NBC's website, the COMEDY PLAYGROUND contest will formally launch on May, 0 at :00 am EST and end "the date that the Digital Winner is chosen." The submission period is due to run from May, 0 through June 0, 0.. Since its introduction of the contest on April, 0, NBC's contest has been the subject of numerous articles in the entertainment press and constant coverage in the same social media channels used by Comedy Playground.. In the short time since its announcement, NBC's COMEDY PLAYGROUND has already caused actual confusion with Comedy Playground. Comedy Playground has received multiple communications through its website and social media channels from consumers who mistakenly believe that Comedy Playground is responsible for or involved with the NBC promotion.. Today, as a result of NBC's actions, consumers searching for Comedy Playground on the Internet will be flooded with pages of listings of articles, sponsored links, advertisements, and information, all about NBC' s contest.

8 Case :-cv-0-mrp-man Document Filed 0// Page of Page ID #: 0 -J hnp:, comedyplayground.com I Home Paoe Come." X Sic J comedy playground Suggested Sites About, results (0 seconds) 'I Search '. I ~ iii Share ' ~..A- Check ' II Translate', AutoFili comedy NBC Comedy Playground - NBCComedyPlayground.com WWlY nbccomedyplayground coml Make Your Big Idea The Next Comedy Hit on NBCI SUbmiSSionS Begin May Comedy Playground: Home Page comedyplayground com! Comedy Playground IS a teen & pre teen comedy program where you can dlscoyer create. and explore your own voice through the platform of comedy NBC Creates 'Comedy Playground' Initiative to Launch Two.., 'V\WI hoiiylyoodreporter.com!.lnbe-creates co The Hollywood Reporter Apr. 0 Billed as a "grassroots l",hallye: NBC Comedy Playground is a nahonal campaign designed give aspiring comedy wnters In the U S the NBC Seeks TV Comedy Talent for New 'Playground' I Variety vanery com! l do.not post.nbc-comedy playground IOItlative-to-. Vallety Apr, 0 The Comedy Playground eifortls part of NBC Entertainment prexy JenOlfer Salke's eifort find creatrve ways to develop new matenal for the Comedy Playground,V\V\Y nbccomedyplayground com! Your big Idea could be the next big comedy hit on NBCI Submit onhne on May NBC Comedy Playground Contest - How To Submit.. Mine comi0/0/0nbc comedy-conlest playground-detallsl NUne Apr,0 NBC Comedy Playground Have a killer Idea for a new sitcom? NBC IS all ears The network on Tuesday announced the launch of NBC NBC asks viewers for better sitcom ideas I Inside TV I EW.com Insldelv ew coml0"'.. lnbe-sotcom-cont Enlertalnmenl Weekly by James H bbem 0 GoogI.,. ell s Apr,0 The Inlllahve. dubbed "NBC Comedy Playground: pledges to reach beyond the ltadrtlonal talent labs of film schools and comedy clubs by NBC Creates Playground To Lure Comedy Writers Outside... VN/W deadhne comi. I nbc-creates playground-to-iure com. Deadline com Apr,0 NBC wants to find fresh COmedIC VOICes NBC's Entertalnmenl President JenOlfer Salke today announced "NBC Comedy Playground " which NBC Creates Comedy Playground to Discover New Talent «grandand com/hollywood-prospectuslnbc-comedy playgroundl Apr.0 So the networt<s trying something new With NBC Comedy Playground a nationwide Inillative looking find and grow new comedy tatent Comedy Playground - Beverly Grove - Los Angeles, CA I Yelp,V\.,.,y yelp com ) Arts & ErrtertalOmenl ) Performltlg Arts Yelp, Inc ***** Rabng _ ReVIeW of Comedy Playground "Comedy Playground IS the bestllncreases confidence public speaking thinking on your feel and Improves wnfing skltlsl NBC Creates National Grassroots 'Comedy Playground' to... WlWllIldleWlfe corn! Jnbc~eates-lllonal~rassrc)ots-eomedy Ind,oows Apr. 0 Jenillfer Salke announced the InlllatlVe IItIed "NBC Comedy Playground" at NBC Umversars Summer Press Day Tuesday evening The goal of. Go gle > Next

9 Case :-cv-0-mrp-man Document Filed 0// Page of Page ID #: 0 INJURY TO COMEDY PLAYGROUND AND THE PUBLIC. If not stopped, NBC's use of COMEDY PLAYGROUND is likely to continue to cause confusion, mistake, and deception as to the source or origin of NBC's contest, and is likely to falsely suggest a sponsorship, connection, license, or association between NBC and/or its contest with Comedy Playground, thereby injuring Comedy Playground, and the public.. NBC's actions are also likely to cause "reverse confusion," i.e., NBC will so saturate the market with its COMEDY PLAYGROUND mark that Comedy Playground's reputation and goodwill will be dwarfed and consumers will erroneously believe that Comedy Playground's services emanate from or are sponsored by NBC.. NBC's activities have caused, and unless immediately enjoined will continue to cause, irreparable harm to Comedy Playground and its federally registered COMEDY PLAYGROUND mark.. NBC' s activities have caused, and unless immediately enjoined will continue to cause, irreparable harm to both Comedy Playground and consumers, who have an interest in being free from confusion, mistake, and deception.. Comedy Playground has suffered actual damages to be proven at trial.. Comedy Playground has no adequate remedy at law. FIRST CLAIM FOR RELIEF Federal Trademark Infringement under Section () of the Lanham Act, U.S.C. () 0. Comedy Playground repeats and realleges each and every allegation set forth in paragraphs through of this Complaint.. NBC is using in commerce Comedy Playground's registered COMEDY PLAYGROUND trademark in connection with the sale, offer for sale, distribution, and advertising of services in a manner that is likely to cause confusion, or to cause mistake, or to deceive, in violation of Section () of the Lanham Act,

10 Case :-cv-0-mrp-man Document Filed 0// Page of Page ID #: U.S.C. (). SECOND CLAIM FOR RELIEF Federal Trademark Infringement, False Designation of Origin, Passing Off, and Unfair Competition under Section (a)()(a) of the Lanham Act, U.S.C. (a)()(a). Comedy Playground repeats and realleges each and every allegation set forth in paragraphs through of this Complaint.. NBC is using in 'commerce a word, term, name, and false designation of origin that, in connection with its commercial activities, is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of NBC with Comedy Playground, or as to the origin, sponsorship, or approval of NBC, its products, and its commercial activities by or with Comedy Playground (or vice versa), in violation of Section (a)()(a) of the Lanham Act, U.S.C. (a)()(a). THIRD CLAIM FOR RELIEF Unfair Competition under California's Unfair Trade Practices Statute Section 00 et seq. of the Cal. Bus. & Prof. Code. Comedy Playground repeats and realleges each and every allegation set forth in paragraphs through of this Complaint.. In connection with the sale and distribution of the infringing products, NBC has engaged in unfair methods of competition, including unlawful, unfair, 0 and/or fraudulent acts or practices in the conduct of trade and commerce, and unfair, deceptive, untrue, and/or misleading advertising, in violation of Section 00 et seq. of the Cal. Bus. & Prof. Code. FOURTH CLAIM FOR RELIEF Common Law Trademark Infringement and Unfair Competition. Comedy Playground repeats and realleges each and every allegation set forth in paragraphs through of this Complaint.. NBC's activities described above constitute common law trademark infringement and misappropriation of the goodwill associated with Comedy Playground's COMEDY PLAYGROUND trademark, and constitute unfair

11 Case :-cv-0-mrp-man Document Filed 0// Page of Page ID #: 0 competition in violation of California common law. PRAYER FOR RELIEF Comedy Playground requests that this Court enter judgment in its favor on each and every claim for relief set forth above and award it relief including, but not limited to, the following: A. An Order holding that NBC's actions described above infringe and dilute Comedy Playground's COMEDY PLAYGROUND trademark, and that NBC's actions thus constitute federal and state trademark infringement and unfair competition as detailed above. B. An Order preliminarily and permanently enjoining NBC, its employees, agents, officers, directors, shareholders, subsidiaries, related companies, affiliates, distributors, dealers, and all persons in active concert or participation with any of them: () From usmg the COMEDY PLAYGROUND mark, or any other trademarks, trade names, logos, and other names or identifiers that are confusingly similar to or dilutive of the COMEDY PLAYGROUND mark, in any manner or form, with any products or services (or vice versa). () From representing or suggesting, by any means whatsoever, directly or indirectly, that NBC, any products offered by NBC, or any activities undertaken by NBC, are sponsored or approved by, or are associated, affiliated, or connected with Comedy Playground in any way (or vice versa). C. An Order requiring NBC to deliver for destruction all products and associated materials containing or referring to the infringing mark in its possession, custody, or control,. or in the possessioi!-, custody, or control of any of its agents or representatives. D. An Order requiring NBC to deliver for destruction all advertisements,

12 Case :-cv-0-mrp-man Document Filed 0// Page of Page ID #: promotional materials, labels, signs, pictures, and any other materials containing infringing mark in its possession, custody, or control, or in the possession, custody, or control of any of its agents or representatives. E. An Order directing NBC to file with this Court and serve on Comedy Playground's attorneys; within thirty (0) days after the date of entry of any injunction, a report in writing and under oath setting forth in detail the manner and form in which they have complied with this injunction. F. An Order requiring NBC to account for and pay to Comedy Playground any and all profits arising from NBC's unlawful acts and that such profits be increased in accordance with U.S.C. and other applicable laws. G. An Order requiring NBC to pay Comedy Playground damages in an amount to be determined, and that such damages be trebled in accordance with U.S.C. and other applicable laws. H. An Order requiring NBC to pay Comedy Playground its costs and attorneys' fees in this action pursuant to U.S.C. and other applicable laws.. Any such other relief as the Court may deem appropriate. Dated: April Z, 0 0 By: ~~~~~+- ALAN JA ElL (SBN ) GAIMS WElL WEST LLf Century Park East, It Floor Los Angeles, California 00- Douglas A. Rettew (Pro Hac Vice in process) Julia Anne Matheson (SBN ) - FINNEGAN, HENDERSON, FAMBOW, GARRETT & DUNNER, L.L.P. 0 New York Avenue, N.W. Washington, DC 000

13 Case :-cv-0-mrp-man Document Filed 0// Page of Page ID #: DEMAND FOR JURY TRIAL Plaintiff demands a jury trial on all claims and issues so triable. Dated: April, 0 LLP 0 By: ~~~~~~ ALAN J~ ElL (SBN ) GAIMS WElL WEST LLf Century Park East, It Floor Los Angeles, California 00- Douglas A. Rettew (Pro Hac Vice in process) Julia Anne Matheson (SBN ) - FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 0 New York Avenue, N.W. Washington, DC 000

Case 2:19-cv wks Document 1 Filed 01/11/19 Page 1 of 15 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT ) ) ) ) ) ) ) ) ) COMPLAINT

Case 2:19-cv wks Document 1 Filed 01/11/19 Page 1 of 15 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT ) ) ) ) ) ) ) ) ) COMPLAINT Case 2:19-cv-00008-wks Document 1 Filed 01/11/19 Page 1 of 15 CHOOSECO LLC, Plaintiff, V. NETFLIX, INC., Defendant. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT U.S. OlSTRlCT COURT 01'STRtCT