NFL Properties v. Humphries - counterfeiting complaint (seal has been lifted).pdf

Case 3:16-cv-00474-CRB Document 22 Filed 02/11/16 Page 1 of 40

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FIRST AMENDED COMPLAINT Case No. 3:16-cv-00474-CRB *SEALED* - 1 -

Plaintiffs NFL Properties LLC (“NFLP”), Panthers Football, LLC d/b/a Carolina Panthers

(the “Carolina Panthers”), and PDB Sports, Ltd. d/b/a Denver Broncos Football Club (the “Denver

Broncos”), by their attorneys Kilpatrick Townsend & Stockton LLP (“Kilpatrick Townsend”), for

their Verified Complaint against Defendants Felannia Humphries, Christophe Dion Duckett,

Ramon Hernandez Jr., Nigel Piers Nelson, DOE 3, and DOES 6 through 100, inclusive

(collectively referred to as “Defendants”), allege upon personal knowledge with respect to the

allegations relating to Plaintiffs, and upon information and belief with respect to those allegations

concerning Defendants and/or third parties, as follows:

INTRODUCTION

1. Trademark counterfeiting is an illegal, multi-billion dollar business that harms

consumers—who are deceived into believing they are buying genuine goods when they are

actually buying counterfeits, and brand owners, who are subject to a loss of goodwill from these

lesser quality counterfeits bearing their marks and which deprive the brand owner of sales.

Defendants in this litigation consist primarily of large-scale, professional counterfeiters; largely

anonymous, mobile middlemen; and street vendors. These Defendants sell unlicensed, counterfeit

souvenir merchandise (“Counterfeit Merchandise”) and unlicensed, unredeemable Super Bowl

tickets (“Counterfeit Tickets”) bearing trademarks, logos, and other identifying indicia that are

owned and/or controlled by (a) NFLP, the owner of all the National Football League’s (“NFL”)

trademarks, names, logos, symbols, slogans, designs, and other identifying marks and indicia

(both registered and unregistered) with responsibility for licensing and protecting the same; and

(b) the National Football League’s (“NFL”) thirty-two member clubs (the “Member Clubs”),

including the Carolina Panthers and the Denver Broncos. Defendants seek to trade off the

enormous popularity and goodwill of Plaintiffs, the NFL Member Clubs, and the NFL’s Super

Bowl championship game by selling unlicensed Counterfeit Merchandise and Counterfeit Tickets.

2. The great popularity of the Super Bowl game—the culmination of the NFL and its

Member Clubs’ presentation of regular season and playoff football games—and the strong public

interest in it annually generate the production and sale of substantial quantities of Counterfeit

Merchandise and Counterfeit Tickets. This year, Plaintiffs, the Carolina Panthers and the Denver


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Broncos, will be competing in the Super Bowl 50 championship game, which will be held at

Levi’s® Stadium in Santa Clara, California, on Sunday, February 7, 2016.

3. The Super Bowl 50 championship game is a landmark occasion, as it represents a

half-century of Super Bowl games being played throughout the United States. To celebrate the

Super Bowl 50 game, the NFL unveiled a yearlong gold-themed campaign called “On The Fifty,”

which is designed to link the past forty-nine Super Bowl games with this year’s milestone. The

NFL has incorporated the campaign throughout the regular season by rendering its NFL logos in

gold, painting the 50-yard marker gold at every stadium, and designing players’ uniforms to

include the golden commemorative color. The NFL has even switched, just this once, from using

the traditional Roman numerals in the Super Bowl game’s title to using the Arabic numeral “50”

to mark this commemorative event. The Super Bowl 50 championship game is expected to be one

of the most celebrated Super Bowl games in NFL’s history.

4. The counties of Santa Clara, San Francisco, Alameda, and San Mateo (collectively,

“Bay Area Counties”) are hosting the Super Bowl 50 game, and numerous Super Bowl 50-related

events are scheduled to take place throughout the Bay Area Counties in the days leading up to the

game. Some examples of the Super Bowl 50-related events scheduled to take place in the Bay

Area Counties include “Super Bowl City” at Justin Herman Plaza and the “NFL Experience” at

the Moscone Center in San Francisco from January 30, 2016, to February 7, 2016; the NFL Flag

Championships, scheduled to be played on January 31, 2016, at Golden Gate Park and February 1,

2016, at the Moscone Center; the NFL’s “Opening Night” scheduled for February 1, 2016, at the

SAP Center in downtown San Jose; NFL Films and the San Francisco Symphony’s “Concert of

Champions,” scheduled for February 3 and February 4, 2016, at Davies Symphony Hall in

San Francisco; the NFL Foundation’s “Legends on the Links” Golf Tournament, scheduled to be

played at Half Moon Bay Golf Links in San Mateo County on February 6, 2016; and numerous

other celebrations and events throughout the Bay Area Counties.

5. Along with the immense worldwide attention focused on the Super Bowl 50 game

comes a significant number of individuals and entities who seek to unfairly profit on Plaintiffs’

substantial goodwill by selling Counterfeit Merchandise and Counterfeit Tickets. Defendants


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descend on the region hosting the Super Bowl game shortly before the date of the game, distribute

their Counterfeit Merchandise and Counterfeit Tickets for ultimate cash sale, and then seek to

disappear without detection. These individuals and companies typically use false names, business

addresses, and sham forms of business organizations.

6. Defendants’ counterfeiting irreparably injures the public and Plaintiffs. Consumers

are deceived into mistakenly believing that they are purchasing genuine products authorized by

Plaintiffs when, in fact, they are buying substandard, poor-quality counterfeit products. When the

Counterfeit Merchandise prematurely breaks, tears, shrinks, or fades, consumers question the

quality of Plaintiffs’ products since the products bear counterfeits of Plaintiffs’ trademarks. When

fans attempt to use the Counterfeit Tickets to gain entry into the Super Bowl game but are turned

away, the fans are extremely disappointed because the tickets bear counterfeits of Plaintiffs’

trademarks, but do not give the fans entry into the game. Further, these counterfeit goods and

tickets not only dilute the value of Plaintiffs’ trademarks, but also tarnish them.

7. Plaintiffs have expended significant resources to investigate and stop this illegal

counterfeiting to prevent consumers from being deceived and to protect the Plaintiffs’ reputations

for high quality products and events as symbolized by their well-known trademarks.

8. Defendants’ sale of unlicensed Counterfeit Merchandise and Counterfeit Tickets

bearing an imitation of Plaintiffs’ well-known trademarks is a direct violation of federal and

California trademark laws, and the Plaintiffs’ rights under those laws. Accordingly, Plaintiffs seek

a temporary restraining order, seizure order, and preliminary and permanent injunctive relief to

stop Defendants’ continued deception of the public and the irreparable injury to Plaintiffs arising

from Defendants’ sale and distribution of Counterfeit Merchandise and Counterfeit Tickets.

Plaintiffs are seeking the temporary restraining order and seizure order on an ex parte basis

because, as explained in Plaintiffs’ contemporaneously filed Memorandum of Law and supporting

affidavits, proceeding on notice would render such relief meaningless for the reason that

Defendants easily would circumvent the orders. / / / / / /


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PARTIES

9. Plaintiff NFL Properties LLC (“NFLP”) is a Delaware limited liability company

organized and existing under the laws of the State of Delaware, with its principal place of business

at 345 Park Avenue, New York, New York. NFLP is a wholly-owned subsidiary of NFL

Ventures, L.P., which is an affiliate under common control with the NFL. NFLP owns all of the

NFL’s trademarks, names, logos, symbols, slogans, designs, and other identifying marks and

indicia (both registered and unregistered) and is responsible for licensing and protecting the same.

NFLP also is the authorized representative of the NFL’s thirty-two Member Clubs with respect to

the licensing and protection of their trademarks, names, logos, symbols, slogans, designs, and

other identifying marks and indicia. The trademarks, names, logos, symbols, slogans, designs, and

other identifying marks and indicia relating to the activities of the NFL and the Member Clubs are

collectively referred to herein as the “NFL Trademarks.”

10. Plaintiff Panthers Football, LLC, an NFL Member Club, is a North Carolina

Limited Liability Company with its principal place of business in Charlotte, North Carolina.

Panthers Football LLC owns and operates a professional football team known as the Carolina

Panthers.

11. Plaintiff PDB Sports, Ltd., an NFL Member Club, is a Colorado limited partnership

with its principal place of business in Englewood, Colorado. PDB Sports, Ltd. owns and operates

a professional football team known as the Denver Broncos.

12. As noted, the Carolina Panthers and the Denver Broncos will compete for the NFL

championship in the Super Bowl 50 game, which will be played, with much anticipation and

fanfare, on Sunday, February 7, 2016, at Levi’s® Stadium in Santa Clara, California.

13. Plaintiffs file this First Amended Complaint to name Felannia Humphries as the

Defendant previously identified as DOE Defendant 1. Plaintiffs are informed and believe, and on

that basis allege, that Defendant Felannia Humphries, an individual who resides at 4158 West

Washington Boulevard, #4, Chicago, Illinois 60624, was in the Bay Area Counties on the days

leading up to, and on the day of the Super Bowl 50 game, and immediately thereafter, for the

purposes of manufacturing, advertising, offering for sale, distributing, and/or selling Counterfeit


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Merchandise in violation of Plaintiffs’ rights, as more fully alleged herein, and accordingly is

subject to the jurisdiction and venue of this Court.

14. Plaintiffs file this First Amended Complaint to name Christophe Dion Duckett as

the Defendant previously identified as DOE Defendant 2. Plaintiffs are informed and believe, and

on that basis allege, that Defendant Christophe Dion Duckett, an individual who resides at 1018

North 77th Street, Apt. #7, Memphis, Tennessee 38107, was in the Bay Area Counties on the days

leading up to, and on the day of the Super Bowl 50 game, and immediately thereafter, for the

purposes of manufacturing, advertising, offering for sale, distributing, and/or selling Counterfeit

Merchandise in violation of Plaintiffs’ rights, as more fully alleged herein, and accordingly is

subject to the jurisdiction and venue of this Court.

15. Plaintiffs file this First Amended Complaint to name Ramon Hernandez Jr. as the


that basis allege, that Defendant Ramon Hernandez Jr., an individual who resides at 8807

Liscarney Way, Sacramento, California 95828, was in the Bay Area Counties on the days leading

up to, and on the day of the Super Bowl 50 game, and immediately thereafter, for the purposes of

manufacturing, advertising, offering for sale, distributing, and/or selling Counterfeit Merchandise

in violation of Plaintiffs’ rights, as more fully alleged herein, and accordingly is subject to the

jurisdiction and venue of this Court.

16. Plaintiffs file this First Amended Complaint to name Nigel Piers Nelson as the


that basis allege, that Defendant Nigel Piers Nelson, an individual who resides at 558 East Pacific

Coast Highway , Long Beach, California 90804, was in the Bay Area Counties on the days leading

up to, and on the day of the Super Bowl 50 game, and immediately thereafter, for the purposes of

manufacturing, advertising, offering for sale, distributing, and/or selling Counterfeit Merchandise

and Counterfeit Tickets in violation of Plaintiffs’ rights, as more fully alleged herein, and

accordingly is subject to the jurisdiction and venue of this Court.

17. Plaintiffs are informed and believe, and on that basis allege, that Defendants

DOE 3 and DOES 6 through 100 are corporations, partnerships, proprietorships, unincorporated


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associations, and individuals whose identities and addresses are presently unknown to Plaintiffs

and are not presently capable of ascertainment. Plaintiffs are informed and believe, and on that

basis allege, that Defendants are or will be in the Bay Area Counties on the days leading up to,

and on the day of the Super Bowl 50 game, and immediately thereafter, for the purposes of manu-

facturing, advertising, offering for sale, distributing, and/or selling Counterfeit Merchandise and

Counterfeit Tickets in violation of Plaintiffs’ rights, as more fully alleged herein, and accordingly

are or will be subject to the jurisdiction and venue of this Court.

JURISDICTION AND VENUE

18. This is an action for trademark counterfeiting and trademark infringement, trade-

mark dilution, and unfair competition and false designation of origin arising under the Trademark

Act of 1946, 15 U.S.C. §§ 1051, et seq., as amended by the Trademark Counterfeiting Act of

1984, Public Law 98-473 (October 12, 1984), and the Prioritizing Resources and Organization

for Intellectual Property Act of 2007, H.R. 4279 (October 13, 2008) (the “Lanham Act”), and

for unlawful and deceptive acts and practices under the laws of the State of California.

19. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.

§§ 1331, 1332(a), and 1338(a) and (b); and 15 U.S.C. §§ 1116 and 1121. This Court has juris-

diction, pursuant to the principles of supplemental jurisdiction and 28 U.S.C. § 1367, over

Plaintiffs’ claims arising under the laws of the State of California.

20. This Court has personal jurisdiction over Defendants in whole or in part arising

out of Defendants’ (a) transacting business within the State of California; (b) moving counterfeit

goods in interstate commerce; (c) committing tortious acts in the State of California; and (d) injur-

ing Plaintiffs and the public in the Bay Area Counties through acts committed in and outside the

Bay Area Counties. Accordingly, this Court has jurisdiction over the action pursuant to California

Code of Civil Procedure § 410.10.

21. Venue is proper in this district pursuant to 28 U.S.C. §§ 1391 and 1400(a) in that

the Defendants are entities or individuals subject to personal jurisdiction in this district. Further,

venue is appropriate since a substantial portion of the acts complained of herein were committed

by Defendants within this district.


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FACTS

The NFL Trademarks

22. NFL football is and for many years has been the most popular professional sport

in the United States. Tens of millions of people attend the games each year and tens of millions

more follow the respective teams and games in the electronic and print media and access and

download information and images related to the games via the Internet. To identify and distin-

guish their respective football teams and games and the entertainment services that they provide,

the Member Clubs, including the Carolina Panthers and the Denver Broncos, have adopted and

use in commerce, including in the State of California, certain trademarks, symbols, logos, designs,

uniform designs, emblems, official team color combinations, and other identifying indicia. The

Carolina Panthers have, for example, adopted and used the marks CAROLINA PANTHERS,

PANTHERS, BELONG, TWO STATES. ONE TEAM., KEEP POUNDING, the PANTHERS

Design, the PANTHERS Stylized Design, and the CAROLINA PANTHERS Uniform Designs,

among others. Similarly, the Denver Broncos have adopted and used the marks DENVER

BRONCOS, BRONCOS, BRONCOS COUNTRY, MILE HIGH MAGIC, MILES, ORANGE

SUNDAY, ORANGE CRUSH, the BRONCOS Designs, the D & Horse Design, the Football

Player On Bronco Design, the BRONCOS Horse Riding Design, the BRONCOS Twisting Horse

Design, the Twisting Horse Design, the BRONCOS Mascot Design, the DENVER BRONCOS

Uniform Designs, and the DENVER BRONCOS Helmet Designs (including both current and

historic versions), among others.

23. NFLP is the owner of federal trademark registrations related to the NFL’s activi-

ties, as well as state trademarks registered through the California Secretary of State’s Trademark

Unit, all for a wide variety of products, including NATIONAL FOOTBALL LEAGUE, NFL, the

NFL Shield Design (including both current and earlier versions), SUPER BOWL, 50, the SUPER

BOWL 50 Design, SUPER SUNDAY, ON THE FIFTY, VINCE LOMBARDI TROPHY, the

VINCE LOMBARDI TROPHY Design, AMERICAN FOOTBALL CONFERENCE, AFC, the

AFC Design (including both current and earlier versions), the AFC Champion Trophy Design,

NATIONAL FOOTBALL CONFERENCE, NFC, the NFC Design, the NFC Champion Trophy


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Design, NFL EXPERIENCE, BACK TO FOOTBALL, the BACK TO FOOTBALL Design,

TOGETHER WE MAKE FOOTBALL, NFL NETWORK, the NFL NETWORK Design, NFL

ON LOCATION, NFL SHOP, NFL TICKET EXCHANGE, ON FIELD, PRO BOWL, SUNDAY

NIGHT FOOTBALL, MONDAY NIGHT FOOTBALL, and TASTE OF THE NFL, among

others. True and correct copies of the Certificates of Registration for the marks registered with the

United States Patent and Trademark Office (“USPTO”) are attached collectively as Exhibit A, and

are incorporated by reference herein. True and correct copies of the Certificates of Registration

for the marks registered with the California Secretary of State’s Trademark Unit are attached

collectively as Exhibit B, and are incorporated by reference herein.

24. The Carolina Panthers and the Denver Broncos have each also registered certain

of their marks with the USPTO and with the California Secretary of State’s Trademark Unit,

including CAROLINA PANTHERS, PANTHERS, BELONG, TWO STATES. ONE TEAM.,

KEEP POUNDING, the PANTHERS Design, the PANTHERS Stylized Design, the CAROLINA

PANTHERS Uniform Designs, DENVER BRONCOS, BRONCOS, BRONCOS COUNTRY,

MILE HIGH MAGIC, MILES, ORANGE SUNDAY, ORANGE CRUSH, the BRONCOS

Designs, the D & Horse Design, the Football Player On Bronco Design, the BRONCOS Horse

Riding Design, the BRONCOS Twisting Horse Design, the Twisting Horse Design, the

BRONCOS mascot Design, the DENVER BRONCOS Uniform Designs, and the DENVER

BRONCOS Helmet Designs (including both current and historic versions), among others. True

and correct copies of the Certificates of Registration for the marks registered with the USPTO are

attached collectively as Exhibit C, and are incorporated by reference herein. True and correct

copies of the Certificates of Registration for the marks registered with the California Secretary of

State’s Trademark Unit are attached collectively as Exhibit D, and are incorporated by reference

herein.

25. The NFL Trademarks are extremely well-known to the public because of the great

popularity of NFL football and the extensive media coverage of the NFL and its Member Clubs,

including the Carolina Panthers and the Denver Broncos. The NFL Trademarks have attained / / /


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secondary meaning as identifiers of the NFL and the Member Clubs as the source or sponsor of

merchandise upon which the NFL Trademarks appear.

The Business of NFLP

26. NFLP has entered into licensing agreements with third parties, whereby it has

licensed such parties to use the NFL Trademarks in connection with the manufacture and sale of

articles of merchandise, the quality and style of which are controlled and monitored by NFLP on

behalf of the Member Clubs and the NFL. NFLP licenses the use of the NFL Trademarks on a

wide variety of goods, including apparel such as t-shirts, garments and hats, souvenir items such

as pennants, novelty items and games, and many other products. Photographs of the numerous

articles of merchandise licensed by NFLP are annexed hereto as Exhibit E, and are available to

consumers nationally at brick and mortar stores and online, including, but not limited to,

www.nflshop.com, the NFL’s official eCommerce outlet. Licensed merchandise is widely

available throughout the United States, including in the Bay Area Counties. As a result of the

great popularity of NFL football and the widespread public recognition of the NFL Trademarks,

the NFL Trademarks are extremely valuable commercial assets and embody goodwill of

incalculable value.

27. NFLP’s licensees have invested significant amounts of capital and have devoted

substantial amounts of time and money to the production, marketing, and promotion of their

products bearing the NFL Trademarks, and have established significant consumer demand for

these items through such efforts. Consumers readily identify merchandise bearing the NFL

Trademarks as being sponsored and/or approved by the NFL and the Member Clubs. Thus, to

preserve and protect the goodwill inherent in the NFL Trademarks, NFLP reviews and pre-

approves the design of all merchandise produced and sold by its licensees.

28. Additionally, NFLP has a merchandise authentication program that serves to

protect its fans and licensees, as well as preserve and protect the goodwill inherent in the NFL

Trademarks. All NFLP licensees are required to affix an NFL security label to their NFL products

or product packaging. The NFL security label, or “hologram” tag, is the essential element of NFL

product authentication and is securely distributed through a third-party security company to the


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NFLP licensees. The NFL security labels are produced in both a one-inch and one-centimeter size

and based on the item size are applied either to the product or product packaging. All NFL one-

inch security labels are individually and uniquely serialized, and all NFL security labels of both

sizes contain a variety of covert and overt security features that enable NFLP to quickly and

confidently identify authentic NFL merchandise.

29. Merchandise manufactured by NFLP’s licensees bearing the NFL Trademarks is

sold in interstate commerce and purchased by various retail outlets throughout the United States,

including in the Bay Area Counties, because of the indication of quality represented by the NFL

Trademarks thereon and the perceived sponsorship thereof by the NFL and the Member Clubs.

30. As the owner of the trademark registrations related to the NFL’s activities and as

the authorized licensing agent for the thirty-two Member Clubs’ trademarks—including the

Carolina Panthers and the Denver Broncos—NFLP licenses the use of the NFL Trademarks on

tickets that allow fans entry into NFL games, including the Super Bowl games. Consumers

believe that tickets bearing NFL Trademarks are authorized by NFLP and its Member Clubs and

that such tickets will be honored when presented for entry into NFL games.

31. To protect NFL fans, NFLP has implemented a number of overt and covert security

features on tickets that allow fans entry into the NFL games, including the Super Bowl games.

For example, every Super Bowl ticket has a true color security label applied to the back of the

ticket, redesigned every year with covert security measures and two channel hologram artwork.

Additionally, each Super Bowl ticket contains security features such as microprint designs,

thermochromatic ink, and other measures incorporated into the ticket design and card stock, all

of which enable NFLP to quickly and confidently identify authentic NFL Super Bowl tickets.

32. For numerous years, NFLP has consistently worked with local law enforcement

officers and/or officers from the Department of Homeland Security to protect the public and NFL

fans from the sale of counterfeit merchandise and counterfeit tickets by quickly and confidently

identifying authentic NFL merchandise through these security features. / / / / / /


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NFLP’S Trademark Protection Program

33. To protect the NFL Trademarks from infringement, dilution, disparagement,

and misappropriation, NFLP has established a program of trademark protection. Instances of

unauthorized uses of the NFL Trademarks by third parties are investigated by NFLP and its

security and legal personnel and other representatives. When appropriate, such third parties

are contacted by counsel with a request to cease and desist from unauthorized use of the NFL

Trademarks.

34. NFLP annually handles hundreds of instances of unauthorized use of the NFL

Trademarks. The great majority of such infringement matters are settled by the infringers’ agree-

ment to cease further sales of the unlicensed merchandise. On occasion, when infringers have

persisted in their unlawful conduct, NFLP has obtained injunctive relief against the sale of

Counterfeit Merchandise in a number of federal and state courts.

The Super Bowl Game and NFLP’s Super Bowl Trademark Protection Program

35. The Super Bowl championship game is one of the most popular sporting events of

all time. Annually, the Super Bowl game is one of the most watched sporting events in the world

and, in recent years, it has been the most watched American television broadcast. For example,

the Super Bowl XLIX championship game, played in February 2015 between the New England

Patriots and the Seattle Seahawks, had an average of 114.4 million viewers, and the viewership

peaked at 120.8 million viewers, making it the most watched American television program in

history. Intense media attention is focused on the game and the two participating teams during

the period leading up to the game. This year, especially in anticipation of the landmark Super

Bowl 50 game, fans are accessing and downloading information and images relating to the Super

Bowl game, the NFL, the Carolina Panthers, and the Denver Broncos via the Internet, and at the

official websites of the NFL, www.nfl.com and www.superbowl.com. In all respects, the Super

Bowl game is the culmination of the NFL season and showcases the activities of the NFL and the

Member Clubs, particularly the game participants.

36. NFLP has issued national licenses to approximately 200 companies for use of the

NFL Trademarks on a wide variety of goods, including apparel such as t-shirts, garments, and


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hats; souvenir items such as pennants, novelty items, and games; and many other products.

Licensed merchandise is widely available in brick and mortar stores throughout the United States,

including in the Bay Area Counties and elsewhere in the State of California, as well as being

available online at sites including, but not limited to, www.nflship.com, the NFL’s official

eCommerce outlet.

37. In addition to the approximately 200 companies licensed for the use of NFL

Trademarks, to meet the public demand for merchandise relating to each year’s Super Bowl game,

NFLP annually develops and licenses a Super Bowl graphic design logo for use in connection with

the production and sale of licensed merchandise relating to the Super Bowl game. Representative

mages of the Super Bowl 50 design logo follow.

NFLP has licensed approximately 100 companies to produce high-quality merchandise relating

to the Super Bowl 50 game, including apparel such as t-shirts, garments, and hats; souvenir items

such as pennants, novelty items, and games; and many other products.

38. The cornerstone of NFLP’s trademark licensing program is the promotion of an

image of quality for the Member Clubs and the NFL. Only companies that meet high standards

of quality, performance, and reliability receive a license to use and/or sell products bearing the

NFL Trademarks. Association of the NFL Trademarks with products or services of less than the

highest quality reflects adversely on the Member Clubs and the NFL, and inhibits the ability of the

NFL to compete in a highly competitive market for the public’s entertainment dollars. According-

ly, to preserve and protect the goodwill inherent in the NFL Trademarks, NFLP reviews and pre-

approves the design of all merchandise produced and sold by its licensees. / / /


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39. NFLP works closely with licensees and many retail outlets to assure that sufficient

quantities of Super Bowl game-related licensed merchandise are available to the public. This

merchandise is currently available on many eCommerce sites as well as at numerous retail outlets

in the Bay Area Counties, and will be available for purchase at and in the vicinity of numerous

Super Bowl 50-related events in this district.

NFLP’s Previous Seizure Orders

40. Since the Super Bowl XVII championship game in Pasadena, California, in 1983,

NFLP has obtained ex parte seizure orders before each Super Bowl game, empowering NFLP’s

investigative representatives, accompanied by duly authorized law enforcement officers, to seize

and impound Counterfeit Merchandise and Counterfeit Tickets to protect the public from poor

quality, substandard counterfeit products and unredeemable, fraudulent counterfeit tickets.

41. These orders have enabled NFLP to diminish the sale of Counterfeit Merchandise

and Counterfeit Tickets effectively, thereby protecting the goodwill and reputation of the NFL and

the competing teams and their respective trademarks at the time when they are being showcased

and are most vulnerable to counterfeiting.

Sales of Counterfeit Merchandise and Counterfeit Tickets

42. The great popularity of the Super Bowl game, and the strong public interest in

the game itself and the competing teams, annually attracts the production and sale of substantial

quantities of Counterfeit Merchandise bearing spurious replications of the NFL Trademarks.

Counterfeit Tickets, also bearing replications of NFL Trademarks, are also produced and sold

to fans seeking entry into the Super Bowl game.

43. Counterfeit Merchandise and Counterfeit Tickets are generally produced by large

scale, professional counterfeiters for distribution through networks of largely anonymous and

mobile middlemen and street vendors, who descend on the region hosting the Super Bowl game

shortly before the date of the game, distribute their merchandise and tickets for ultimate cash

resale, and disappear without detection. These individuals and companies often utilize fictitious

names and business addresses, as well as sham forms of business organizations, to avoid detection

as the source of Counterfeit Merchandise and Counterfeit Tickets.


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44. Recent investigations by law enforcement authorities and/or security representa-

tives of NFLP have revealed intentional, knowing, wanton, and reckless production, distribution,

offering for sale and sale, and preparation for production and distribution of significant quantities

of Counterfeit Merchandise, as well as production and sale of Counterfeit Tickets, by itinerant

vendors who have indicated that they intend to continue to sell such Counterfeit Merchandise and

Counterfeit Tickets as the Super Bowl 50 championship game approaches. Photographs of repre-

sentative samples of Counterfeit Merchandise purchased during this year’s playoff season and last

year’s Super Bowl game in Glendale, Arizona, are attached as Exhibit F.

45. The unauthorized sale of such Counterfeit Merchandise and Counterfeit Tickets by

Defendants is likely to cause confusion to the public, to cause mistake, and to deceive, in that the

members of the public attending the Super Bowl game or otherwise purchasing such Counterfeit

Merchandise and Counterfeit Tickets will believe that such merchandise is licensed by, sponsored

by, or otherwise approved by or affiliated with the NFL, NFLP, the Carolina Panthers, and the

Denver Broncos. Sales of Counterfeit Merchandise and Counterfeit Tickets will injure the busi-

ness of NFLP by interfering with the sales of merchandise by NFLP’s licensees and by placing

the goodwill of the NFL, the Carolina Panthers, and the Denver Broncos, as embodied in the

NFL Trademarks, in the hands of parties over whom NFLP, the Carolina Panthers, and the

Denver Broncos have no control.

46. The goodwill of the NFL, NFLP, and the Member Clubs is embodied in the

NFL Trademarks because the public perceives that merchandise bearing the NFL Trademarks is

sponsored or authorized by the NFL and the Member Clubs. This goodwill is extremely important

to the NFL’s ability to compete in the highly competitive market for sports and entertainment

services. Because the Super Bowl game is the NFL’s showcase event, the sale of inferior quality

Counterfeit Merchandise and unredeemable Counterfeit Tickets will, particularly at this critical

time, cause immediate and irreparable damage to the goodwill and reputation of Plaintiffs.

47. Counterfeit Merchandise and Counterfeit Tickets are produced by professional

infringers who concentrate on large-scale, short-term events such as sporting events and concerts.

These infringers produce inferior quality Counterfeit Merchandise and unredeemable Counterfeit


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Tickets as quickly as they can and generally distribute it through itinerant vendors. Professional

infringers recognize the illegality of their conduct and thwart NFLP’s investigative efforts by

concealing their identities, using middlemen, or transferring the merchandise upon detection.

NFLP’s previous trademark protection efforts during the Super Bowl game period demonstrate

that the professional infringers who “work” the site of the Super Bowl game will defy or avoid

temporary restraining orders and will continue to sell their Counterfeit Merchandise and

Counterfeit Tickets in any possible manner. Additionally, as long as the Counterfeit Tickets

remain available for purchase, the unsuspecting public and NFL fans are constantly at risk of

becoming victims of fraud. Thus, the only effective way to combat this problem is to seize the

Counterfeit Merchandise and Counterfeit Tickets at the point of sale.

48. The counterfeiters at the Super Bowl game are well aware of the illegality of their

conduct, and often act in concert with or through anonymous distributors so that it is extremely

difficult, if not impossible, to identify the source of any given Counterfeit Merchandise that is sold

in a retail store, at a street stand, or out of portable containers. The counterfeiters lack a definite or

permanent business identity and cannot be located or served with process in conventional fashion.

Thus, notice to the producers and vendors of the counterfeit Super Bowl merchandise and counter-

feit Super Bowl tickets that will be sold in the Bay Area Counties is impracticable and fruitless.

Once word spreads that legal action may be taken against infringers, merchandise will be con-

cealed or transferred, rendering it extremely unlikely that Plaintiffs will be able to obtain evidence

to secure any meaningful relief or that the merchandise will ever be kept out of channels of

distribution.

49. Defendants’ activities have caused and will continue to cause Plaintiffs grave and

irreparable harm. Unless restrained or enjoined by this Court without notice, Defendants will

persist in their activities, causing Plaintiffs further irreparable harm before any Defendant can

be heard in opposition.

50. Because the acts of Defendants will continue in the future unless restrained,

Plaintiffs have no adequate remedy at law. / / /


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FIRST CLAIM FOR RELIEF (Federal Trademark Counterfeiting - 15 U.S.C. §§ 1114-1117)

51. Plaintiffs repeat and reallege the allegations set forth above as if fully set forth

herein.

52. The NFL Trademarks and the goodwill of the businesses associated with them in

the United States are of great and incalculable value, are highly distinctive, and have become

universally associated in the public mind with (i) authentic merchandise upon which the NFL

Trademarks appear; and (ii) the related NFL services of the highest quality and reputation.

53. Without the Plaintiffs’ authorization or consent, and with knowledge of the

Plaintiffs’ well-known prior rights in the NFL Trademarks and that Defendants’ Counterfeit

Merchandise and Counterfeit Tickets bear marks which are intentionally identical to, or imitations

of, the NFL Trademarks, Defendants have reproduced, counterfeited, copied, and sold Counterfeit

Merchandise and Counterfeit Tickets to the consuming public of the United States in direct

competition with Plaintiffs’ sale of genuine merchandise and tickets, in or affecting interstate

commerce.

54. Defendants’ have counterfeited and infringed the NFL Trademarks. Defendant’s

use of the NFL Trademarks is without Plaintiffs’ authorization or consent.

55. Defendants’ use of copies or simulations of the NFL Trademarks on Counterfeit

Merchandise and Counterfeit Tickets is likely to cause and is causing confusion, mistake, and

deception among the general purchasing public as to the origin of the Counterfeit Merchandise and

Counterfeit Tickets, and is likely to deceive the public into believing the Counterfeit Merchandise

and Counterfeit Tickets originate from, are associated with, or are otherwise authorized by

Plaintiffs, all to the damage and detriment of the Plaintiffs’ reputations, goodwill, and sales.

Accordingly, Defendants are using reproductions, counterfeits, and copies of the federally

registered NFL Trademarks in violation of Section 32 of the Lanham Act, 15 U.S.C. § 1114.

56. Defendants’ conduct exploits the goodwill and reputation associated with Plaintiffs

and Plaintiffs’ registered NFL Trademarks. / / /


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57. Plaintiffs have no control over the quality of Defendants’ Counterfeit Merchandise

and cannot honor Defendants’ Counterfeit Tickets. Because of the very real likelihood of confu-

sion as to the source of Defendants’ Counterfeit Merchandise and Counterfeit Tickets, Plaintiffs’

reputation and valuable goodwill in their trademarks are subject to Defendants’ unscrupulous

tactics.

58. Defendants’ unauthorized use of the NFL Trademarks as set forth above has

resulted, and will continue to result, in Defendants unfairly benefitting from Plaintiffs’ advertising

and promotion, and profiting from Plaintiffs’ reputation and their registered NFL Trademarks, to

the substantial and irreparable injury of the public, Plaintiffs, and the NFL Trademarks, and the

substantial goodwill represented thereby.

59. Defendants’ acts demonstrate an intentional, willful, and malicious intent to trade

on the goodwill associated with the NFL Trademarks to Plaintiffs’ great and irreparable injury.

60. Defendants’ acts have caused and will continue to cause the Plaintiffs great and

irreparable harm.

61. Unless restrained and enjoined by this Court, Defendants will persist in their

activities, thereby causing Plaintiffs irreparable harm.

62. Plaintiffs have no adequate remedy at law.

63. Plaintiffs are, therefore, entitled to injunctive relief pursuant to 15 U.S.C.

§ 1116(a).

64. For each act of infringement, Plaintiffs are entitled to recover Defendants’ profits

pursuant to 15 U.S.C. § 1117(a).

65. Defendants’ acts of counterfeiting as alleged herein have been undertaken with

knowledge of Plaintiffs’ exclusive rights to the NFL Trademarks, entitling Plaintiffs to an award

of treble Defendants’ profits, plus attorneys’ fees in bringing and maintaining this action, pursuant

to 15 U.S.C. § 1117(b), or alternatively statutory damages pursuant to 15 U.S.C. § 1117(c). / / / / / / / / /


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SECOND CLAIM FOR RELIEF (Federal Trademark Infringement - 15 U.S.C. § 1114)


herein.

67. The NFL Trademarks are highly distinctive, of incalculable value, and universally

associated in the public mind with the authentic merchandise upon which the NFL Trademarks

appear and the related services of highest quality and reputation.

68. Defendants’ unauthorized use of the NFL Trademarks on inferior quality

merchandise and unredeemable tickets in interstate commerce and advertising relating to the same

constitutes false designation of origin and false representation that the goods and services are

manufactured, offered, sponsored, authorized, licensed by, or otherwise connected with Plaintiffs.

69. The use by Defendants of the NFL Trademarks without Plaintiffs’ consent or

authorization in connection with Defendants’ Counterfeit Merchandise and Counterfeit Tickets

is likely to cause confusion, mistake, or deception of consumers as to the source of origin or

sponsorship of the products in violation of 15 U.S.C. § 1114.

70. Defendants’ aforementioned acts constitute trademark infringement in violation of

15 U.S.C. § 1114.

71. Plaintiffs are informed and believe and thereupon allege that Defendants’ acts

are intentional and intended to confuse the public as to the source of Defendants’ Counterfeit

Merchandise and Counterfeit Tickets and to injure Plaintiffs and reap the benefit of Plaintiffs’

goodwill associated with Plaintiffs’ trademarks.

72. As a direct and proximate result of Defendants’ willful and unlawful conduct,

Plaintiffs have been irreparably injured and will continue to suffer irreparable injury unless

Defendants’ infringing actions are enjoined by this Court.



§ 1116(a). / / /


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75. For each act of infringement, Plaintiffs are entitled to recover Defendants’ profits

pursuant to 15 U.S.C. § 1117(a).

76. Defendants’ acts of infringement as alleged herein have been undertaken with

knowledge of Plaintiffs’ exclusive rights to the NFL Trademarks, entitling Plaintiffs to an award

of treble Defendants’ profits, plus attorneys’ fees in bringing and maintaining this action, pursuant

to 15 U.S.C. § 1117(b), or alternatively statutory damages pursuant to 15 U.S.C. § 1117(c).

THIRD CLAIM FOR RELIEF (Federal Unfair Competition and False Designation of Origin - 15 U.S.C. § 1125(a))


herein.

78. Defendants’ creation, production, offering for sale, advertisement, and/or

distribution of Defendants’ Counterfeit Merchandise and Counterfeit Tickets, which use the NFL

Trademarks and Plaintiffs’ trade names, have been and are without Plaintiffs’ permission or

consent, and constitute designation of a term, symbol, device, or any combination thereof, that is

false or misleading within the meaning of 15 U.S.C. § 1125(a).

79. Defendants’ knowing use of reproductions or confusingly similar imitations of the

NFL Trademarks in connection with the Counterfeit Merchandise and Counterfeit Tickets is

causing and will continue to cause confusion, deception, and mistake among the general purchas-

ing public of the United States by creating the false and misleading impression that Defendants’

goods are manufactured or distributed by Plaintiffs; or are affiliated, connected, or associated with

the NFL, NFLP, and/or Member Clubs; or have the sponsorship, endorsement, or approval of

Plaintiffs.

80. By misappropriating and using the NFL Trademarks and Plaintiffs’ trade names,

Defendants misrepresent and falsely describe to the general public the origin and source of the

Counterfeit Merchandise and Counterfeit Tickets and create a likelihood of confusion by

consumers as to the source of such products.

81. Defendants’ unlawful, unauthorized, and unlicensed reproduction, counterfeiting,

copying, and sale of the Counterfeit Merchandise and Counterfeit Tickets create express and


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implied misrepresentations that the Counterfeit Merchandise and Counterfeit Tickets were created,

authorized, or approved by Plaintiffs, when in fact they are not, all to Defendants’ profit and to

Plaintiffs’ great damage and injury.

82. Defendants’ acts are in violation of 15 U.S.C. § 1125(a) in that Defendants’ use of

the NFL Trademarks and Plaintiffs’ trade names in connection with the Counterfeit Merchandise

and Counterfeit Tickets in interstate commerce, constitutes a false designation of origin and unfair

competition.



84. Defendants’ acts have caused and will continue to cause the Plaintiffs irreparable

harm.


activities, thereby causing Plaintiffs irreparable harm.



§ 1116(a).

88. Plaintiffs are entitled to recover Defendants’ profits pursuant to 15 U.S.C.

§ 1117(a).

89. Defendants’ conduct as alleged herein has been willful, entitling Plaintiffs to an

award of attorneys’ fees pursuant to 15 U.S.C. § 1117(a).

FOURTH CLAIM FOR RELIEF (Federal Trademark Dilution - 15 U.S.C. § 1125(c))


herein.

91. The NFL Trademarks are famous within the meaning of the Trademark Dilution

Revision Act of 2006 because, among other things: (1) the NFL Trademarks are highly

distinctive; (2) Plaintiffs have used the NFL Trademarks continuously for decades throughout

the United States to promote Plaintiffs’ goods and services; (3) Plaintiffs and their authorized


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licensees have advertised and publicized the NFL Trademarks for decades throughout the United

States; (4) the NFL Trademarks are widely recognized by the general consuming public of the

United States; and (5) many of the NFL Trademarks are the subject of valid and subsisting

registration under the Lanham Act on the Principal Register.

92. The NFL Trademarks have become universally associated in the public mind with

the authentic merchandise upon which the NFL Trademarks appear and the related NFL services

of the highest quality and reputation.

93. Defendants’ unlawful, unauthorized, and unlicensed reproduction, counterfeiting,

copying, and sale of the Counterfeit Merchandise and Counterfeit Tickets are likely to cause

blurring, dilution, and tarnishment of the NFL Trademarks because Defendants’ use of the

NFL Trademarks is likely to deceive the public into believing the lower-quality Counterfeit

Merchandise and the unredeemable Counterfeit Tickets originate from, are associated with, or are

otherwise authorized by Plaintiffs. This will lead consumers to believe that Plaintiffs’ goods and

services connected with the NFL Trademarks are of low quality.

94. Defendants’ use of the NFL Trademarks began only after such marks became

famous.

95. Defendants’ acts are in violation of 15 U.S.C. § 1125(c) in that Defendants’ use

of the NFL Trademarks in connection with the Counterfeit Merchandise and Counterfeit Tickets

in interstate commerce, dilutes, blurs, and tarnishes the distinctiveness of the famous NFL

Trademarks with consequent damage to Plaintiffs and to the substantial business and goodwill

symbolized by the NFL Trademarks.

96. Plaintiffs have been irreparably harmed and will continue to be irreparably harmed

through this dilution of their trademark rights, as well as through the immediate and direct injury

to their name, image, and business reputations.


on Plaintiffs’ reputation and to harm the reputation of the famous NFL Trademarks, to Plaintiffs’

great and irreparable injury. / / /


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activities, thereby continuing to cause Plaintiffs irreparable harm.


100. Plaintiffs are therefore, entitled to injunctive relief pursuant to 15 U.S.C.

§§ 1116(a) and 1125(c).

101. Defendants’ acts are exceptional within the meaning of 15 U.S.C. § 1117(a).

FIFTH CLAIM FOR RELIEF (California Trademark Infringement and Dilution – Cal. Bus. & Prof. Code §§ 14245, 14247, and 14250)


herein.

103. The NFL Trademarks are distinctive and widely recognized in the State of

California by virtue of: (1) the NFL Trademarks’ substantial inherent and acquired

distinctiveness; (2) Plaintiffs’ use of the NFL Trademarks continuously for decades throughout the

United States, including the State of California, to promote Plaintiffs’ goods and services;

(3) Plaintiffs’ and their authorized licensees’ advertisement and publication of the NFL

Trademarks for decades throughout the United States, including in the State of California; (4) the

NFL Trademarks’ wide recognition by the general consuming public of the United States,

including the State of California; and (5) the NFL Trademarks being registered with the California

Secretary of State’s Trademark Unit and being federally registered under the Lanham Act with the

USPTO.

104. The reproduction, counterfeiting, copying and sale by Defendants of Counterfeit

Merchandise and Counterfeit Tickets bearing the NFL Trademarks registered with the California

Secretary of State’s Trademark Unit have caused and are likely to continue to cause confusion or

mistake or to deceive consumers, the public, or the trade as to their source of origin. Such actions

constitute trademark infringement of the NFL Trademarks in violation of California Business and

Professions Code § 14247.

105. Defendants’ acts complained of herein have caused and will continue to cause a

likelihood of injury to Plaintiffs’ goodwill and business reputations, impaired and will continue to


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impair the effectiveness of the NFL Trademarks, and have diluted and will continue to dilute

Plaintiffs’ distinctive trademarks.

106. Defendants’ acts, including those specifically complained of herein, have caused

and will continue to cause dilution of Plaintiffs’ trademark and common law trademark rights by,

among other things, lessening the capacity of such rights to identify and distinguish the NFL

Trademarks in violation of the trademark laws of the State of California, and specifically

California Business and Professions Code § 14247.

107. Defendants infringed and diluted, as well as will continue to infringe and dilute, the

NFL Trademarks with knowledge and intent to cause confusion, mistake, or deception.

108. Defendants’ conduct is aggravated by that kind of willfulness, wantonness, malice,

and reckless disregard to the rights and welfare of the Plaintiffs for which California law allows

the imposition of exemplary damages.


harm.


activities, thereby causing irreparable harm to Plaintiffs’ rights in and to their trademarks, and to

Plaintiffs’ businesses, reputations, and goodwill.


112. Pursuant to California Business & Professions Code §§ 14247 and 14250, Plaintiffs

are entitled to injunctive relief and damages in the amount of three times Defendants’ profits and

three times all damages suffered by Plaintiffs by reason of Defendants’ manufacture, use, display,

or sale of Counterfeit Merchandise and Counterfeit Tickets.

SIXTH CLAIM FOR RELIEF (California Unfair Competition – Cal. Bus. & Prof. Code § 17200)


herein.

114. Plaintiffs are the owners of all rights, titles, and interest in the NFL Trademarks. / / /


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115. Defendants have intentionally appropriated one or more of the NFL Trademarks

with the intent of causing confusion, mistake, and/or deception as to the origin of Defendants’

Counterfeit Merchandise and Counterfeit Tickets, and are deceiving the public into believing the

Counterfeit Merchandise and Counterfeit Tickets originate from, are associated with, or are

otherwise authorized by Plaintiffs.

116. Defendants’ actions—including those specifically complained of herein with

respect to Defendants’ misappropriation of the NFL Trademarks in connection with Defendants’

products, advertisements, and packaging—have violated the unfair competition laws of the State

of California, specifically California Business and Professions Code §§ 17200 et seq.

117. Defendants’ conduct is unlawful as defined in relation to California Business and

Professions Code §§ 17200 et seq., because, without limitation, Defendants’ sale of Counterfeit

Merchandise and Counterfeit Tickets infringes Plaintiffs’ trademark rights, in violation of the

Lanham Act and California’s infringement and dilution laws.

118. Defendants’ conduct constitutes unfair business acts or practices as defined in

relation to California Business and Professions Code §§ 17200 et seq., because, without limitation,

Defendants’ offer, promotion, and sale of Counterfeit Merchandise and Counterfeit Tickets will

mislead consumers into believing that Defendants’ goods are manufactured or distributed by

Plaintiffs. or that Defendants themselves are affiliated or associated with Plaintiffs. There is no

public benefit or utility to Defendants’ misleading conduct, and there can be no doubt that

Defendants will cause substantial injury to consumers as well as to Plaintiffs themselves.

119. Defendants’ conduct is fraudulent as defined in relation to California Business and

Professions Code §§ 17200 et seq., because, without limitation, Defendants’ offer, promotion, and

sale of Counterfeit Merchandise and Counterfeit Tickets are likely to deceive consumers as to the

source and propriety of Defendants’ non-genuine goods.

120. Defendants’ unfair, unlawful, and deceptive acts and practices involve public sales

activities of a recurring nature.


harm.


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SEVENTH CLAIM FOR RELIEF (State Common Law Unfair Competition)


herein.

125. Plaintiffs are the owners of all right, title, and interest in and to the NFL

Trademarks by virtue of their extensive manufacture and sale of products bearing such trademarks

(Plaintiffs’ “common law trademarks”) as set forth in herein. Particularly, because of their

enormous sales and publicity, Plaintiffs’ have acquired common law trademark rights in and to

their NFL Trademarks.

126. The Counterfeit Merchandise and Counterfeit Tickets imported, advertised,

distributed, offered for sale, and sold by Defendants incorporate matter constituting replicas and

imitations of Plaintiffs’ common law trademarks. Such unauthorized use by Defendants of

Plaintiffs’ common law trademarks constitutes trademark infringement and unfair competition,

and is likely to cause confusion and mistake in the minds of the trade and the purchasing public as

to the source of the products, and to cause purchasers to believe the Counterfeit Merchandise and

Counterfeit Tickets originate from or are affiliated with, sponsored by, or endorsed by Plaintiffs

when, in fact, they are not.

127. Defendants have willfully and intentionally misappropriated one or more of

Plaintiffs’ common law trademarks with the intent of causing confusion, mistake, and deception as

to origin of Defendants’ Counterfeit Merchandise and Counterfeit Tickets, and are deceiving the

public into believing the Counterfeit Merchandise and Counterfeit Tickets originate from, are

associated with, or are otherwise authorized by Plaintiffs. / / / / / /


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128. By such actions in infringing Plaintiffs’ common law trademarks, Defendants are

improperly trading upon the enviable reputation and goodwill of Plaintiffs and are impairing

Plaintiffs’ valuable rights in and to such common law trademarks.

129. As such, Defendants have committed trademark infringement and unfair

competition under the common law of the State of California.




harm.





134. Defendants’ acts demonstrate an oppressive, fraudulent, malicious, and conscious

disregard of Plaintiffs’ rights, and Plaintiffs therefore are entitled to exemplary and punitive

damages pursuant to the common law of the State of California in an amount sufficient to punish,

deter, and make an example of Defendants.

REQUEST FOR RELIEF

WHEREFORE, Plaintiffs NFL Properties LLC, the Carolina Panthers, and the Denver

Broncos request a temporary restraining order, preliminary and permanent injunction, an order for

seizure, damages, Defendants’ profits, and other appropriate relief, as follows:

1. That all Defendants served herein as Felannia Humphries, Christophe Dion

Duckett, Ramon Hernandez Jr., Nigel Piers Nelson, DOE 3, and DOES 6 through 100, inclusive,

and their respective officers, directors, agents, partners, employees, attorneys, representatives,

successors, and assigns, and all other persons in active concert or participation with them or any of

them, be temporarily and preliminarily enjoined and, upon final order, permanently enjoined,

from:

a. using in connection with the production, manufacture, advertisement,


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promotion, displaying for sale, offering for sale, sale, or distribution of any

articles of merchandise or tickets bearing the marks NATIONAL FOOTBALL

LEAGUE; NFL; the NFL Shield Designs (including both current and earlier

versions), as depicted on Exhibit 1 to Plaintiffs’ Proposed Temporary

Restraining Order, Seizure Order, and Order to Show Cause for Preliminary

Injunction (the “Proposed Order”); SUPER BOWL; 50; the SUPER BOWL 50

Design (National), as depicted on Exhibit 1 to the Proposed Order; the Super

Bowl 50 Design (Regional), as depicted on Exhibit 1 to the Proposed Order;

SUPER SUNDAY; ON THE FIFTY; VINCE LOMBARDI TROPHY; the

VINCE LOMBARDI TROPHY Design, as depicted on Exhibit 1 to the

Proposed Order; AMERICAN FOOTBALL CONFERENCE; AFC; the AFC

Design (including both current and earlier versions), as depicted on Exhibit 1 to

the Proposed Order; the AFC Champion Trophy Design, as depicted on Exhibit

1 to the Proposed Order; NATIONAL FOOTBALL CONFERENCE; NFC; the

NFC Design (including both current and earlier versions), as depicted on

Exhibit 1 to the Proposed Order; the NFC Champion Trophy Design, as

depicted on Exhibit 1 to the Proposed Order; NFL EXPERIENCE; BACK TO

FOOTBALL; the BACK TO FOOTBALL Design; TOGETHER WE MAKE

FOOTBALL; NFL NETWORK; the NFL NETWORK Design; NFL ON

LOCATION; NFL SHOP; NFL TICKET EXCHANGE; ON FIELD; PRO

BOWL; SUNDAY NIGHT FOOTBALL; MONDAY NIGHT FOOTBALL;

TASTE OF THE NFL; CAROLINA PANTHERS; PANTHERS; BELONG;

TWO STATES. ONE TEAM.; KEEP POUNDING; the PANTHERS Design,

as depicted on Exhibit 2 to the Proposed Order; the PANTHERS Stylized

Design, as depicted on Exhibit 2 to the Proposed Order; and the CAROLINA

PANTHERS Uniform Designs, as depicted on Exhibit 2 to the Proposed Order;

DENVER BRONCOS; BRONCOS; BRONCOS COUNTRY; MILE HIGH

MAGIC; MILES; ORANGE SUNDAY; ORANGE CRUSH; the BRONCOS


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Design, as depicted on Exhibit 2 to the Proposed Order; the D & Horse Design,

as depicted on Exhibit 2 to the Proposed Order; the Football Player On Bronco

Design, as depicted on Exhibit 2 to the Proposed Order; the BRONCOS Horse

Riding Design, as depicted on Exhibit 2 to the Proposed Order; the BRONCOS

Twisting Horse Design, as depicted on Exhibit 2 to the Proposed Order; the

Twisting Horse Design, as depicted on Exhibit 2 to the Proposed Order; the

BRONCOS Mascot Design, as depicted on Exhibit 2 to the Proposed Order; the

DENVER BRONCOS Helmet Designs (both current and historic), as depicted

on Exhibit 2 to the Proposed Order; and the full team names, logos, and related

marks of any Member Club of the National Football League (including, but not

limited to, the Carolina Panthers and the Denver Broncos); and any other NFL

Trademarks, or any colorable imitations of any of the above, or anything

confusingly similar thereto, unless such merchandise or tickets have been

licensed by NFLP;

b. making any statement or representation whatsoever, or performing any act,

which can or is likely to lead to the trade or public, or individual members

thereof, to believe that any product manufactured, distributed, or sold by

Defendants is in any manner associated or connected with the Plaintiffs, or is

sold, manufactured, licensed, sponsored, approved, or authorized by Plaintiffs;

c. engaging in any other activity constituting unfair competition with Plaintiffs

and/or misappropriation of Plaintiffs’ property and property rights or

constituting infringement of Plaintiffs’ marks, or any of Plaintiffs’ rights in, or

to use or exploit such marks, or constituting any dilution of the goodwill, name,

or reputation of the Plaintiffs;

d. otherwise competing unfairly in any manner with NFLP, the Carolina Panthers,

and the Denver Broncos;

e. during the pendency of this action, erasing, deleting, altering, or destroying

Defendants’ Counterfeit Merchandise and Counterfeit Tickets that are in


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Defendants’ possession or control;

f. during the pendency of this action, destroying any documents, electronic files,

or business records that pertain to the copying, reproduction, manufacture,

duplication, dissemination, or distribution and/or sale by Defendants or under

Defendants’ authority, including any correspondence (including, but no limited

to, electronic mails), sales and supplier or customer journals, ledgers, invoices,

purchase orders, inventory control documents, bank records, catalogues,

recordings of any type whatsoever, and all other business records and

documents believed to concern the manufacture, purchase, advertising, sale, or

offering for sale of such infringing copies; and

g. effecting assignments or transfers, forming new entities or associations, or

utilizing any other device for the purpose of circumventing or otherwise

avoiding the prohibitions set forth in paragraphs a-f above.

2. That Plaintiffs and their duly authorized representatives, accompanied by federal

law enforcement agents from the Department of Homeland Security, the United States Marshals

Service, and/or other local state law enforcement officers, be empowered and directed, pursuant

to the Lanham Act, 15 U.S.C. § 1116, California Business & Professions Code § 14250, and the

general equitable powers of the Court, and subject to appropriate restrictions and on the conditions

as set forth in an order of this Court, to seize and sequester in a secure place, pending further hear-

ing, any and all Counterfeit Merchandise and Counterfeit Tickets bearing the NFL Trademarks set

forth in the preceding paragraph of this Request for Relief, together with any cartons, vessels,

boxes, or other containers in which such Counterfeit Merchandise and Counterfeit Tickets are

stored, carried, displayed, or transported, or any devices used to produce or reproduce such

Counterfeit Merchandise and Counterfeit Tickets, including, without limitation, silk screens,

molds, matrices, heat transfers, or printers, in the possession, custody, or control of any

Defendants served as Felannia Humphries, Christophe Dion Duckett, Ramon Hernandez Jr., Nigel

Piers Nelson, DOE 3, and DOES 6 through 100, inclusive, during a period commencing at 12:00

p.m. on Thursday, February 4, 2016, and ending Monday, February 8, 2016, at 5:00 p.m.;


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3. That all Defendants, and each of them, be ordered pursuant to the Lanham Act,

15 U.S.C. § 1116, California Business & Professions Code § 14250, and the general equitable

powers of the Court, to deliver up to the Court for destruction or other disposition, such as

donation to an appropriate charitable institution, any Counterfeit Merchandise and Counterfeit

Tickets in their possession, custody, or control and not seized pursuant to the order requested for

in paragraph 2, supra, the sale or other disposition of which would violate the permanent

injunction requested for in paragraph 1, supra, and all plates, molds, silk screens, heat transfers,

matrices, or other devices for making or reproducing the same;

4. That all Defendants, and each of them, be ordered to file with the Court, and to

serve on counsel for Plaintiffs within thirty days of the entry of final judgment herein, a written

statement under oath setting forth in detail the form and manner in which each Defendant has

complied with the orders herein;

5. That Plaintiffs may, subject to further order of the Court, dispose of the seized

Counterfeit Tickets by destroying them and the Counterfeit Merchandise by destroying it,

donating it to an appropriate charity, or making such other disposition as appears appropriate;

6. That Defendants account for and pay over to Plaintiffs profits realized by

Defendants and damages caused to Plaintiffs, by reason of Defendants’ unlawful acts herein

alleged, and that the amount of damages for infringement of Plaintiffs’ registered trademarks be

increased by a sum not exceeding three times the amount thereof as provided by law under

15 U.S.C. § 1117; or, in the alternative, that Defendants be assessed statutory damages pursuant to

15 U.S.C. § 1117(c)’

7. That Plaintiffs be awarded their reasonable attorneys’ fees, costs, and such other

and further relief as the Court may deem equitable, including, but not limited to, any relief set

forth under 15 U.S.C. §§ 1114, 1116, 1117, and 1125;

8. That Plaintiffs be awarded punitive damages for Defendants’ willful and malicious

acts of statutory and common law unfair competition; and / / / / / /


9. That Plaintiffs be granted such other and further relief as the Court deems just and

2 proper.

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4 Dated: February 11, 2016

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FIRST AMENDED COMPLAINT Case No.3: 16-cv-00474-CRB *SEALED*

KILPATRICK TOWNSEND & STOCKTON LLP

By:~~ James G. Gilliland Jr. Eighth Floor, Two Embarcadero Center San Francisco, California 94111 Telephone: ( 415) 576-0200 Facsimile: ( 415) 576-0300 E-Mail: j gilliland@kil patricktownsend.com

Joseph E. Petersen 1 080 Marsh Road Menlo Park, California 94025 Telephone: (650) 326-2400 Facsimile: (650) 326-2422 E-Mail : [email protected]

Attorneys for Plaintiffs NFL PROPERTIES LLC, PANTHERS FOOTBALL, LLC D/B/A CAROLINA PANTHERS, and PDB SPORTS, LTD. D/B/A DENVERBRONCOSFOOTBALLCLUB

- 31 -


EXHIBIT A


EXHIBIT A TO VERIFIED COMPLAINT – INDEX

MARK IMAGE/DESIGN REG. NO. AFC Design 4,418,181

AFC Design 4,170,983

AFC Historic Design 3,192,495

AFC 1,079,096AMERICAN FOOTBALL CONFERENCE

1,092,963

BACK TO FOOTBALL 3,902,221BACK TO FOOTBALL Design 3,902,220

MONDAY NIGHT FOOTBALL 1,042,511MONDAY NIGHT FOOTBALL 2,004,311NFC Design 3,192,496

NATIONAL FOOTBALL CONFERENCE

1,076,664

NATIONAL FOOTBALL LEAGUE 1,076,139NFC 1,079,097NFL 3,394,343NFL 2,919,270NFL 886,055NFL Shield Design 3,286,411

NFL Shield Design 3,138,589

NFL Shield Historic Design 2,941,347


MARK IMAGE/DESIGN REG. NO. NFL Shield Historic Design 3,559,562







NFL NETWORK Design 3,018,491

NFL EXPERIENCE 1,823,915NFL NETWORK 3,018,490NFL ON LOCATION 3,947,891NFL SHOP 3,192,468NFL TICKET EXCHANGE 3,826,013ON FIELD 2,504,639PRO BOWL 3,847,647PRO BOWL 1,436,771SUNDAY NIGHT FOOTBALL 2,151,227SUPER BOWL 3,138,590SUPER BOWL 2,954,420SUPER BOWL 846,056SUPER BOWL 3,343,714SUPER BOWL 882,283SUPER SUNDAY 1,406,345


MARK IMAGE/DESIGN REG. NO. TASTE OF THE NFL 2,384,861TOGETHER WE MAKE FOOTBALL

4,542,631

VINCE LOMBARDI TROPHY 983,550VINCE LOMBARDI TROPHY Design

1,226,261






Documents

NFL Properties v. Humphries - counterfeiting complaint (seal has been lifted).pdf