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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
Defendant previously identified as DOE Defendant 4. Plaintiffs are informed and believe, and on
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
Defendant previously identified as DOE Defendant 5. Plaintiffs are informed and believe, and on
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)
66. Plaintiffs repeat and reallege the allegations set forth above as if fully set forth
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.
73. Plaintiffs have no adequate remedy at law.
74. Plaintiffs are, therefore, entitled to injunctive relief pursuant to 15 U.S.C.
§ 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))
77. Plaintiffs repeat and reallege the allegations set forth above as if fully set forth
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.
83. 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.
84. Defendants’ acts have caused and will continue to cause the Plaintiffs irreparable
harm.
85. Unless restrained and enjoined by this Court, Defendants will persist in their
activities, thereby causing Plaintiffs irreparable harm.
86. Plaintiffs have no adequate remedy at law.
87. Plaintiffs are, therefore, entitled to injunctive relief pursuant to 15 U.S.C.
§ 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))
90. Plaintiffs repeat and reallege the allegations set forth above as if fully set forth
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.
97. Defendants’ acts demonstrate an intentional, willful, and malicious intent to trade
on Plaintiffs’ reputation and to harm the reputation of the famous NFL Trademarks, to Plaintiffs’
great and irreparable injury. / / /
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98. Unless restrained and enjoined by this Court, Defendants will persist in their
activities, thereby continuing to cause Plaintiffs irreparable harm.
99. Plaintiffs have no adequate remedy at law.
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)
102. Plaintiffs repeat and reallege the allegations set forth above as if fully set forth
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.
109. Defendants’ acts have caused and will continue to cause the Plaintiffs irreparable
harm.
110. Unless restrained and enjoined by this Court, Defendants will persist in their
activities, thereby causing irreparable harm to Plaintiffs’ rights in and to their trademarks, and to
Plaintiffs’ businesses, reputations, and goodwill.
111. Plaintiffs have no adequate remedy at law.
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)
113. Plaintiffs repeat and reallege the allegations set forth above as if fully set forth
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.
121. Defendants’ acts have caused and will continue to cause the Plaintiffs irreparable
harm.
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122. Unless restrained and enjoined by this Court, Defendants will persist in their
activities, thereby causing irreparable harm to Plaintiffs’ rights in and to their trademarks, and to
Plaintiffs’ businesses, reputations, and goodwill.
123. Plaintiffs have no adequate remedy at law.
SEVENTH CLAIM FOR RELIEF (State Common Law Unfair Competition)
124. Plaintiffs repeat and reallege the allegations set forth above as if fully set forth
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. / / / / / /
Case 3:16-cv-00474-CRB Document 22 Filed 02/11/16 Page 26 of 40
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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.
130. 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.
131. Defendants’ acts have caused and will continue to cause the Plaintiffs irreparable
harm.
132. Unless restrained and enjoined by this Court, Defendants will persist in their
activities, thereby causing irreparable harm to Plaintiffs’ rights in and to their trademarks, and to
Plaintiffs’ businesses, reputations, and goodwill.
133. Plaintiffs have no adequate remedy at law.
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
Case 3:16-cv-00474-CRB Document 22 Filed 02/11/16 Page 28 of 40
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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
Case 3:16-cv-00474-CRB Document 22 Filed 02/11/16 Page 29 of 40
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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.;
Case 3:16-cv-00474-CRB Document 22 Filed 02/11/16 Page 30 of 40
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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 / / / / / /
Case 3:16-cv-00474-CRB Document 22 Filed 02/11/16 Page 31 of 40
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
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EXHIBIT A
Case 3:16-cv-00474-CRB Document 22 Filed 02/11/16 Page 33 of 40
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
Case 3:16-cv-00474-CRB Document 22 Filed 02/11/16 Page 34 of 40
MARK IMAGE/DESIGN REG. NO. NFL Shield Historic Design 3,559,562
NFL Shield Historic Design 3,317,024
NFL Shield Historic Design 1,056,303
NFL Shield Design 3,581,281
NFL Shield Design 4,682,232
NFL Shield Design 3,661,464
NFL Shield Design 3,544,602
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
Case 3:16-cv-00474-CRB Document 22 Filed 02/11/16 Page 35 of 40
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
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