Bad Boy Brands - Trademark Complaint PDF

Case 2:14-cv-02804-GMS Document 1 Filed 12/31/14 Page 1 of 15
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201 East Washington Street, Suite 1200

Phoenix, AZ 85004-2595
Sean D. Garrison (State Bar No. 014436)
Direct Dial: 602.239.7434
Direct Fax: 602.734.3939
E-mail:
sgarrison@lrrlaw.com
Nathaniel W. Edwards (State Bar No. 26540)
Direct Dial: 602.262.5367
Direct Fax: 602.748.2530
E-mail:
nedwards@lrrlaw.com
Attorneys for Plaintiff Platypus Wear, Inc. dba Bad Boy Brands
UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
201EastWashingtonStreet,Suite1200
Phoenix,AZ850042595
Platypus Wear, Inc. dba Bad Boy Brands,

9 a Nevada Corporation,
Plaintiff,
10
11
(1) Trademark Infringement under

15 U.S.C. 1114
vs.
12 Leonard Hayko Jr., an Arizona Resident;

and David Feldman, a Pennsylvania
13 Resident; dba Felko Promotions, Bad Boy,
Bad Boy MMA, Bad Boy Boxing and Bad
14 Boy Fights,
Defendants.
15
(2) False Designation of Origin

under 15 U.S.C. 1125
(3) Common Law Trademark
Infringement
(4) Common Law Unfair
Competition
(Jury Trial Demanded)
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17
COMPLAINT
Plaintiff, Platypus Wear, Inc. dba Bad Boy Brands, demanding a trial by jury,
18 states for its Complaint against Defendants as follows:

19
JURISDICTION AND VENUE
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1.
This Court has subject matter jurisdiction over this action pursuant to
21 the trademark laws of the United States, Title 15, United States Code, federal
22 question jurisdiction under 15 U.S.C. 1121, 28 U.S.C. 1331 and 28 U.S.C.
23 1338, diversity jurisdiction under 28 U.S.C. 1332 and supplemental jurisdiction
24 under 28 U.S.C. 1367.
25
2.
This Court has personal jurisdiction over Defendants as they have
26 purposely availed themselves of the benefits of doing business in the State of

27 Arizona and in this judicial District by, inter alia, conducting their business in, and
28 directing the infringing activities that are the subject of this complaint toward
5238476_1
1 residents and consumers of, Arizona and this District. Their activities foreseeably
2 have a primary and direct impact in Arizona and this District. In addition, on
3 information and belief, Defendant Hayko resides in this judicial district and
4 Defendants principal places of business are located in this judicial district.
3.
Venue is proper in this District pursuant to 28 U.S.C. 1391(b)(2)
6 because a substantial part of the events or omissions giving rise to the claims
7 occurred in this judicial district.
PARTIES
8
4.
Phoenix,AZ850042595
Plaintiff, Platypus Wear, Inc., is a corporation organized and existing
10 under the laws of the State of Nevada, with its principal place of business in San
11 Diego, California. Platypus Wear, Inc. does business as Bad Boy Brands. Platypus
12 Wear, Inc. is hereafter referred to as Plaintiff or Bad Boy Brands.
5.
13
Bad Boy Brands is informed and believes, and thereon alleges, that
14 Defendant Hayko is an individual residing in the State of Arizona, and in this

15 judicial district.
6.
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17 Defendant Feldman is an individual residing in the State of Pennsylvania.

7.
18
19 Defendant Hayko and Defendant Feldman do business in Arizona as Felko

20 Promotions, Bad Boy, Bad Boy MMA, Bad Boy Boxing and/or Bad Boy Fights.
21
FACTUAL BACKGROUND
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A.
Plaintiff Bad Boy Brands.

8.
Bad Boy Brands has been in business since 1984 and is in the business
of licensing the use of its intellectual property, including its BAD BOY trademark
and brand, in the United States and around the world.
9.
For more than thirty (30) years, Bad Boy Brands and/or its
predecessors-in-interest have been the exclusive owner of the relevant United States
5238476_1
1 common law and/or statutory trademark rights in the mark BAD BOY. Indeed,
2 Bad Boy Brands is the owner of the following United States trademark registrations
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3 with respect to the BAD BOY word mark. Some are incontestable pursuant to 15
4 U.S.C. 1065.
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6
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Mark
Reg. No.
BAD BOY
2,045,529 Class 25. Men's, women's and children's

clothing, namely shirts, knit tops, woven
tops, pants, shorts, volleyball shorts, hats,
visors, swim trunks, T-shirts, tank tops,
jackets, sweatshirts, sweatpants, belts,
headbands, wristbands, vests, and shoes.
FIRST USE: 19820100. FIRST USE IN
COMMERCE: 19830100.
3,667,065 Class 28. Boxing gloves; fight gloves
used for fighting, mixed martial arts and
other combat sports; focus mitts used for
training boxers, fighters, mixed martial
artists and other combat athletes; training
gloves used for training boxers, fighters,
mixed martial artists and other combat
athletes; elbow pads, knee pads, shin
guards, arm guards and mouth guards all
for athletic use. FIRST USE: 20081120.
FIRST USE IN COMMERCE: 20081120.
3,746,515 Class 35. Promotional services, namely,
promoting and sponsoring athletes and
promoting and sponsoring athletic and
sporting competitions; publicity agents.
FIRST USE: 19930320. FIRST USE IN
COMMERCE: 19950117.
4,198,846 Class 09. Downloadable audio and video
recordings featuring documentaries of
athletes, instruction in relation to fighting
and mixed martial arts, interviews with
athletic trainers and coaches, and
interviews with athletes and other
personalities. FIRST USE: 20120412.
FIRST USE IN COMMERCE: 20120412.
3,702,967 Class 16: Decals; stickers. FIRST USE:
19890000. FIRST USE IN COMMERCE:
19890000.
Phoenix,AZ850042595
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BAD BOY
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BAD BOY
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BAD BOY
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BAD BOY
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Goods / Date of first use in commerce
Filing Date/
Registration
Date
Filed: Sept. 18,
1995
Reg.: Mar. 18,
1997
Filed: Apr. 28,

2000
Reg.: Aug. 11,
2009
Filed: June 30,

2009
Reg.: Feb. 9,
2010
Filed: Aug. 31,
2009
Reg.: Aug. 28,
2012
Filed: July 24,

2008
Reg.: Oct. 27,
2009
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Bad Boy Brands owns numerous other BAD BOY and related design marks, not specifically detailed herein,
which are of relevance to Bad Boy Brands longstanding rights with respect to the BAD BOY brand and related
designs in the United States and throughout the world.
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Mark
Reg. No.
BAD BOY
3,865,270 Class 18: All-purpose athletic bags; back

packs. FIRST USE: 19950000. FIRST
USE IN COMMERCE: 19950000.
Goods / Date of first use in commerce
Filing Date/
Registration
Date
Filed: Mar. 30,
2009
Reg.: Oct. 19,
2010
5 True and correct copies of these U.S. Trademark Certificates of Registration are
6 attached hereto, and incorporated, as Exhibit 1.
7
10.
The registered BAD BOY mark combined with Bad Boy Brands
8 common law BAD BOY and BAD BOY formative marks are collectively referred
Phoenix,AZ850042595
9 to as the BAD BOY Trademarks.

10
11.
The BAD BOY brand began as an apparel brand. Over the years,
11 Bad Boy Brands and its licensees have expanded the BAD BOY product range
12 into a wide range of lifestyle and extreme sports product categories including, but
13 not limited to, martial arts gear and equipment, motor cycle gear, sporting bags,
14 back packs, supplements, energy drinks, school supplies, footwear and many more
15 product categories.
16
12.
Bad Boy Brands has licensed its BAD BOY mark and brand
17 throughout the world, including in the United States, Canada, Mexico, Australia,
18 Japan, China, Brazil, South Africa, the United Kingdom, France, Poland, Russia,
19 Singapore, South Korea and other countries.
20
13.
Bad Boy Brands and its licensees have been active in the sponsoring
21 of extreme sports athletes and events throughout the world, including sponsorships
22 of mixed martial arts (MMA), jiu jitsu, and other combat sport events and
23 athletes.
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14.
Bad Boy Brands has been actively involved in MMA for at least
25 twenty (20) years, dating back to the mid-1990s and Bad Boy Brands launch of a
26 combat sport line under the BAD BOY brand and first sponsorships of combat
27 sport athletes.
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15.
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Bad Boy Brands and its related companies involvement in MMA has
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1 included, inter alia, (1) selling athletic equipment and apparel specialized in MMA
2 bearing BAD BOY Trademarks, (2) sponsoring MMA athletes, and (3) sponsoring
3 MMA events.
4
16.
Over the years, Bad Boy Brands, its predecessors-in-interest and its
5 licensees have invested substantial sums of money in the United States and around
6 the world in building the BAD BOY brand and marketing and promoting, inter
7 alia, the BAD BOY Trademarks and products bearing those trademarks.
8
17.
As part of the investment in marketing and promotion, particularly in
Phoenix,AZ850042595
9 mixed martial arts, Bad Boy Brands operates a website related to its use of the BAD
10 BOY Trademarks, located at www.badboy.com, through which goods bearing the
11 BAD BOY Trademarks are available for purchase over the Internet in the United
12 States and elsewhere.
13
18.
Bad Boy Brands authorized licensees also maintain websites through
14 which goods bearing the BAD BOY Trademarks are available for purchase over the
15 Internet in the United States and elsewhere.
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19.
As alleged above, Bad Boy Brands has a long history of sponsoring
17 MMA athletes and events as part of its investment in marketing and promotion of
18 the BAD BOY Trademarks.
A number of BAD BOY sponsored athletes
19 participate in the Ultimate Fighting Championship (UFC), the largest and most
20 famous MMA promotion company in the world.
21
20.
Bad Boy Brands federal registration no. 3,746,515 for the BAD
22 BOY mark covers [p]romotional services, namely, promoting and sponsoring

23 athletes and promoting and sponsoring athletic and sporting competitions; publicity
24 agents, which services encompass Bad Boy Brands promotion and sponsorship of
25 MMA events in the United States.
26
21.
As part of Bad Boy Brands sponsorships, Bad Boy Brands BAD
27 BOY sponsored fighters wear and promote BAD BOY branded product.
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22.
5238476_1
Through these and other longstanding marketing and promotion

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1 efforts, and extensive and continuous use, Bad Boy Brands, its predecessors-in2 interest and its licensees have generated substantial goodwill associated with the
3 BAD BOY Trademarks in the United States and around the world.
23.
In addition, Bad Boy Brands has vigorously policed and defended the
5 distinctiveness of the BAD BOY Trademarks, preserving the unique association

6 between such trademarks and Bad Boy Brands.
24.
Through its efforts and those of its licensees, Bad Boy Brands is
8 known as the exclusive source of products and services legitimately bearing the
Phoenix,AZ850042595
9 BAD BOY Trademarks.

25.
10
The BAD BOY Trademarks are inherently distinctive in connection
11 with the goods and services for which Bad Boy Brands and/or its licensees use the
12 marks in commerce.
Due to extensive use and promotion of the BAD BOY
13 Trademarks over many years in numerous channels of trade, these marks have also
14 acquired additional distinctiveness within the marketplace, particularly the combat
15 sport and MMA marketplace.
16 B.
Defendants.
17
26.
More than two decades after Bad Boy Brands first began use in
18 commerce of the BAD BOY Trademarks, and long after those marks became well
19 known in the market place and within MMA, Defendants began organizing,
20 presenting, holding, sponsoring, advertising and/or promoting MMA and boxing
21 athletic competitions in this judicial district under titles including, inter alia, Bad
22 Boy Fight Night and Bad Boy Boxing.
23
27.
The Defendants market and promote their MMA and boxing athletic
24 competitions using Bad Boy Brands BAD BOY Trademarks, or copies, colorable
25 imitations, or confusingly similar marks, including, inter alia, marketing and
26 promotion on the Internet, in television advertisements, on clothing, including
27 promotional t-shirts, and with dancers that the Defendants refer to as the Bad Boy
28 dancers.
5238476_1
28.
Bad Boy Brands has never authorized or consented to the Defendants
2 use, reproduction, distribution, display or utilization of the BAD BOY Trademarks,

3 or any copy, colorable imitation, or confusingly similar mark, for any purpose.
4
29.
Defendants use of Bad Boy Brands BAD BOY Trademarks, or
5 copies, colorable imitations or confusingly similar marks, has caused actual

6 consumer confusion between Defendants and Bad Boy Brands.
7
30.
Defendants use of the BAD BOY Trademarks, or copies, colorable
8 imitations or confusingly similar marks, has caused and continues to cause
Phoenix,AZ850042595
9 irreparable damage to the reputation and goodwill of Bad Boy Brands, which has no
10 control over Defendants activities.
11
31.
Defendants have used Bad Boy Brands BAD BOY Trademarks, or
12 copies, colorable imitations or confusingly similar marks, in manners inconsistent

13 with the heavily-disciplined and regulated modern-day MMA in which Bad Boy
14 Brands is involved.
15
32.
For example, Defendants market and promote their events alongside
16 midget wrestling, and have used Bad Boy Brands BAD BOY Trademarks, or
17 copies, colorable imitations or confusingly similar marks, in connection with bare
18 knuckle boxing, an antiquated form of boxing considered barbaric by many.
19
33.
In addition, on information and belief, Defendants hold their
20 infringing competitions without the requisite licenses from the Arizona Boxing and
21 MMA Commission, the government agency charged with regulating and supervising
22 mixed martial arts and boxing events in Arizona.
23
FIRST CLAIM FOR RELIEF

(Trademark Infringement)
(15 U.S.C 1114)
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25
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34.
Bad Boy Brands incorporates by reference the foregoing allegations in
paragraphs 1 33.
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5238476_1
35.
Bad Boy Brands owns valid and enforceable federal trademark
2 registrations for its BAD BOY mark including, inter alia, registration no.
3 3,746,515 for promotional services, namely, promoting and sponsoring athletes and
4 promoting and sponsoring athletic and sporting competitions; publicity agents in
5 Class 35.
6
36.
Bad Boy Brands trademark rights in its registered BAD BOY mark
7 are senior to the alleged rights, if any, of Defendants.

8
37.
Bad Boy Brands has not authorized Defendants to use the BAD
Phoenix,AZ850042595
9 BOY mark, or any copy, colorable imitation, or confusingly similar mark.

10
38.
Defendants have been, were and/or are using, reproducing, copying
11 and/or colorably imitating the BAD BOY mark in commerce in connection with
12 the advertising of Defendants athlete/athletic competitions.
13
39.
Defendants have been, were and/or are applying reproductions, copies
14 or colorable imitations of Plaintiffs BAD BOY mark to labels, signs, prints and
15 advertisements, including, inter alia, promotional shirts, in commerce in connection
16 with Defendants athlete/athletic competitions.
17
40.
Defendants use in commerce of reproductions, copies or colorable
18 imitations of the BAD BOY mark has caused, and is likely to cause, or continue to
19 cause, confusion, mistake and/or deception among the purchasing public as to the
20 source or origin of Defendants goods or services.
Such conduct constitutes
21 trademark infringement in violation of the Lanham Act, 15 U.S.C. 1114.

22
41.
On information and belief, the reproduction by Defendants of the
23 BAD BOY mark in connection with the sponsorship and/or promotion of

24 athlete/athletic competitions has been with knowledge of Bad Boy Brands prior and
25 senior rights in the BAD BOY mark, and with intent to trade upon Bad Boy
26 Brands substantial goodwill in the BAD BOY mark.
27
42.
As a direct and proximate result of the infringing actions of
28 Defendants, Bad Boy Brands has suffered damages in an amount that will be shown
5238476_1
1 at trial, including by reference to the amount of revenues that Defendants have

2 generated through sales of unauthorized BAD BOY branded products and/or
3 services, and/or any other appropriate evidence.
4
43.
Bad Boy Brands is entitled to receive a disgorgement of Defendants
5 profits flowing from their unauthorized use of confusingly similar marks in

6 connection with, inter alia, the sponsorship and/or promotion of athlete/athletic
7 competitions and any related goods or services.
8
44.
Based on the willful conduct of Defendants in connection with their
Phoenix,AZ850042595
9 infringing use of the BAD BOY trademark and colorable imitations thereof, Bad
10 Boy Brands is entitled to recover treble damages, prejudgment interest, and an
11 award of its attorneys fees and costs.
12
45.
Bad Boy Brands injuries from Defendants knowing and willful
13 infringement of Bad Boy Brands rights in its BAD BOY mark cannot be
14 adequately remedied with money damages.
15
46.
Bad Boy Brands has suffered and is suffering irreparable harm as a
16 result of the knowing and willful infringement by Defendants, and Bad Boy Brands
17 is entitled to permanent injunctive relief barring Defendants from using any mark
18 that is confusingly similar to the BAD BOY trademark. Bad Boy Brands is also
19 entitled to seizure and destruction of any infringing goods.
SECOND CLAIM FOR RELIEF
(False Designation of Origin)
(15 U.S.C. 1125)
20
21
22
47.
23 paragraphs 1 - 46.
24
48.
The BAD BOY Trademarks have become uniquely and distinctively
25 associated with Bad Boy Brands as the source or origin of high quality products sold or
26 licensed by Bad Boy Brands.
27
49.
Defendants have used and/or are using the mark BAD BOY, and
28 confusingly similar marks, in connection with the sponsorship and/or promotion of

5238476_1
1 athletes/athletic competitions, and related goods and services, in a manner that is likely
2 to cause confusion, mistake, or deception among the purchasing public as to the
3 existence of an affiliation, sponsorship, connection or association between Bad Boy
4 Brands and Defendants, when none exists.
Such conduct constitutes a false
5 designation of origin in violation of the federal Lanham Act, 15 U.S.C.

6 1125(a)(1)(A).
50.
Upon information and belief, the false designation of origin by
8 Defendants is and has been knowing, intentional, and in bad faith.

51.
Phoenix,AZ850042595
As a direct and proximate result of the actions of Defendants, Bad Boy
10 Brands has suffered damages in an amount that will be shown at trial.

52.
11
As a direct and proximate result of the actions of Defendants, Bad Boy
12 Brands is entitled to receive a disgorgement of the profits flowing from Defendants

13 unauthorized use of copies or colorable imitations of the BAD BOY Trademarks, or of
14 any confusingly similar mark.
53.
15
Based on the willful conduct of Defendants, Bad Boy Brands is entitled
16 to recover an award of treble damages, prejudgment interest, and its attorneys fees and
17 costs.
18
54.
Bad Boy Brands injuries from the knowing and willful false designation
19 of origin by Defendants cannot be adequately remedied with money damages.

20
55.
Bad Boy Brands has suffered and is suffering irreparable harm as a result
21 of Defendants knowing and willful false designation of origin, and Bad Boy Brands is
22 entitled to permanent injunctive relief barring Defendants from unfairly competing
23 with Bad Boy Brands through the use of any mark that falsely conveys an affiliation,
24
sponsorship, connection or association with Bad Boy Brands. Bad Boy Brands is also
25
entitled to seizure and destruction of any infringing goods.
26
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5238476_1
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THIRD CLAIM FOR RELIEF

(Common Law Trademark Infringement)
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Phoenix,AZ850042595
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56.
paragraphs 1 - 55.
57.
Through Bad Boy Brands extensive and continuous use and promotion
of the BAD BOY Trademarks, Bad Boy Brands has established and acquired
protectable and proprietary trademark rights under the common law for its BAD BOY
Trademarks.
58.
Bad Boy Brands has not authorized Defendants to use any marks that are
confusingly similar to the BAD BOY Trademarks.

59.
Defendants have used and/or are using, in Arizona and in interstate
commerce, the mark BAD BOY in connection with products and/or services, and in
particular, in connection with the sponsorship and/or promotion of athlete/athletic
competitions and related goods and services.
60.
Such use by Defendants of the mark BAD BOY in connection with the
sponsorship and/or promotion of athletes/athletic competitions and related goods

and services has caused and is likely to cause or continue to cause confusion,
mistake and deception among the purchasing public as to source or origin of
Defendants goods and services. Such conduct constitutes trademark infringement
in violation of Bad Boy Brands common law rights.
61.
On information and belief, the use by Defendants of the infringed
marks in connection with the sponsorship and/or promotion of athletes/athletic

competitions and related goods and services, has been with knowledge of Bad Boy
Brands prior and senior rights in the BAD BOY Trademarks and with an intent to
harm Bad Boy Brands goodwill in those marks.
62.
Defendants, Bad Boy Brands has suffered damages in an amount that will be shown
at trial.
5238476_1
11
63.
2 Defendants, Bad Boy Brands is entitled to receive a disgorgement of Defendants

3 profits flowing from their unauthorized use of the confusingly similar mark in
4 connection with the sponsorship and/or promotion of athletes/athletic competitions
5 and related goods and services.
6
64.
The above-described conduct of Defendants was oppressive,
7 malicious, fraudulent and in conscious disregard for Bad Boy Brands rights and the
8 substantial risk that Defendants activities would harm those rights. Defendants are
Phoenix,AZ850042595
9 therefore liable for exemplary and punitive damages.

10
65.
Based on the willful and malicious conduct of Defendants, Bad Boy
11 Brands is entitled to recover treble damages, prejudgment interest and an award of

12 its attorneys fees and costs.
13
66.
Bad Boy Brands injuries from the knowing, willful and malicious
14 infringement by Defendants of Bad Boy Brands rights in the BAD BOY

15 Trademarks cannot be adequately remedied with money damages.
16
67.
Bad Boy Brands has suffered and is suffering irreparable harm as a
17 result of the knowing, willful and malicious infringement by Defendants, and Bad
18 Boy Brands is entitled to permanent injunctive relief barring Defendants and each of
19 them from using any mark that is confusingly similar to the BAD BOY Trademarks.
20
Bad Boy Brands is also entitled to seizure and destruction of any infringing goods.
21
FOURTH CLAIM FOR RELIEF
22
(Common Law Unfair Competition)
23
68.
24 paragraphs 1 - 67.
25
69.
Notwithstanding Bad Boy Brands long-established and prior common
26 law and statutory rights in the BAD BOY Trademarks, Defendants have used,
27 reproduced, copied, or colorably imitated the BAD BOY Trademarks without Bad
28 Boy Brands consent, in connection with the sponsorship and/or promotion of
5238476_1
12
1 athletes/athletic competitions and related goods and services, in a manner which is

2 likely to cause confusion, mistake or deception among the purchasing public as to
3 source or origin. Defendants conduct constitutes unfair competition in violation of
4 the common law.
5
70.
Upon information and belief the unfair competition by Defendants is
6 and has been knowing, intentional and in bad faith.

7
71.
As a direct and proximate result of the unauthorized and confusing use
8 by Defendants of the BAD BOY mark, and confusingly similar marks, in connection
Phoenix,AZ850042595
9 with the sponsorship and/or promotion of athletes/athletic competitions and related

10 goods and services, Bad Boy Brands has suffered damages in an amount that will be
11 shown at trial.
12
72.
The above-described conduct of Defendants was oppressive, malicious
13 and fraudulent and in conscious disregard for Bad Boy Brands rights and the
14 substantial risk that Defendants activities would harm those rights. Defendants are
15 therefore liable for exemplary and punitive damages.
16
73.
Based on Defendants willful and malicious conduct, Bad Boy Brands
17 is entitled to an award of prejudgment interest and its attorneys fees and costs.
18
74.
Bad Boy Brands injuries from the knowing, willful and malicious
19 unfair competition by Defendants cannot be adequately remedied with monetary

20 damages.
21
75.
Bad Boy Brands has suffered, and is suffering, irreparable harm as a
22 result of the knowing, willful and malicious unfair competition by Defendants, and
23 Bad Boy Brands is entitled to permanent injunctive relief barring Defendants from
24 unfairly competing with Bad Boy Brands.
25
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5238476_1
13
PRAYER FOR RELIEF
1
2
WHEREFORE, Bad Boy Brands respectfully requests judgment against each
3 of the Defendants as follows:

4
A.
That the Court permanently enjoin Defendants and their officers,
5 employees, agents, representatives, successors, subsidiaries, parents and affiliates,

6 and all others in active concert or participation with Defendants, from using the
7 BAD BOY Trademarks, or any confusingly similar mark or other colorable
8 imitation of the BAD BOY Trademarks, in connection with the advertising, offering
Phoenix,AZ850042595
9 for sale, or sale of any goods or services, unless expressly authorized by Bad Boy
10 Brands in writing;
11
B.
That Defendants be required to account to Bad Boy Brands for any
12 and all gross and net sales, revenues, and profits received or derived by Defendants
13 from the use, sponsorship, promotion, manufacture, marketing, sale, offering for
14 sale, and/or distribution of athletes/athletic competitions, clothing and any related
15 products and services, bearing or using any copy or colorable imitation of the BAD
16 BOY Trademarks;
17
C.
An award of all profits heretofore realized by Defendants during their
18 use of the BAD BOY mark and/or colorable imitations thereof and/or marks
19 confusingly similar thereto, pursuant to 15 U.S.C. 1117, and for an award of
20 reasonable attorneys fees pursuant to 15 U.S.C. 1117(a), given that this is an
21 exceptional case;
22
D.
That as a result of Defendants willful and malicious conduct,
23 pursuant to 15 U.S.C. 1117, the Court award Bad Boy Brands treble its actual
24 damages resulting from Defendants statutory trademark infringement and false
25 designation of origin claims;
26
E.
That Bad Boy Brands be awarded punitive damages, as applicable,
27 against Defendants on the common law infringement and unfair competition claims;
28
5238476_1
14
F.
That the Court award Bad Boy Brands pre-judgment and post-
2 judgment interest as allowed by law;

3
G.
That the Court order that Defendants destroy all clothing, signage and
4 any other materials bearing or using any copy or colorable imitation of the BAD
5 BOY Trademark and that Defendants transfer any domain names containing the
6 BAD BOY designation or any terms confusingly similar thereto to Bad Boy Brands;
7
H.
That Bad Boy Brands be awarded all of its litigation expenses,
8 including without limitation, its reasonable attorneys fees and costs; and,
Phoenix,AZ850042595
I.
JURY DEMAND
10
11
That the Court order such other relief as it deems proper and just.
Plaintiff hereby demands a trial by jury, on all claims so triable.
12
13
RESPECTFULLY SUBMITTED this 31st day of December, 2014.

LEWIS ROCA ROTHGERBER LLP
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15
By: /s/Sean D. Garrison

Sean D. Garrison
Nathaniel W. Edwards
16
17
Lewis Roca Rothgerber LLP

201 East Washington Street, Suite 1200
Phoenix, Arizona 85004
18
19
Attorneys for Plaintiff
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22
23
24
25
26
27
28
5238476_1
15

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Case 2:14-cv-02804-GMS Document 1 Filed 12/31/14 Page 1 of 15

201 East Washington Street, Suite 1200

UNITED STATES DISTRICT COURT

Platypus Wear, Inc. dba Bad Boy Brands,

(1) Trademark Infringement under

12 Leonard Hayko Jr., an Arizona Resident;

(2) False Designation of Origin

18 states for its Complaint against Defendants as follows:

This Court has personal jurisdiction over Defendants as they have

26 purposely availed themselves of the benefits of doing business in the State of

Case 2:14-cv-02804-GMS Document 1 Filed 12/31/14 Page 2 of 15

Venue is proper in this District pursuant to 28 U.S.C. 1391(b)(2)

Plaintiff, Platypus Wear, Inc., is a corporation organized and existing

14 Defendant Hayko is an individual residing in the State of Arizona, and in this

17 Defendant Feldman is an individual residing in the State of Pennsylvania.

19 Defendant Hayko and Defendant Feldman do business in Arizona as Felko

Plaintiff Bad Boy Brands.

Case 2:14-cv-02804-GMS Document 1 Filed 12/31/14 Page 3 of 15

2,045,529 Class 25. Men's, women's and children's

Goods / Date of first use in commerce

Filed: Apr. 28,

Filed: June 30,

Filed: July 24,

Case 2:14-cv-02804-GMS Document 1 Filed 12/31/14 Page 4 of 15

3,865,270 Class 18: All-purpose athletic bags; back

Goods / Date of first use in commerce

9 to as the BAD BOY Trademarks.

Case 2:14-cv-02804-GMS Document 1 Filed 12/31/14 Page 5 of 15

As part of the investment in marketing and promotion, particularly in

Bad Boy Brands authorized licensees also maintain websites through

As alleged above, Bad Boy Brands has a long history of sponsoring

A number of BAD BOY sponsored athletes

22 BOY mark covers [p]romotional services, namely, promoting and sponsoring

As part of Bad Boy Brands sponsorships, Bad Boy Brands BAD

Through these and other longstanding marketing and promotion

Case 2:14-cv-02804-GMS Document 1 Filed 12/31/14 Page 6 of 15

5 distinctiveness of the BAD BOY Trademarks, preserving the unique association

9 BAD BOY Trademarks.

The BAD BOY Trademarks are inherently distinctive in connection

Due to extensive use and promotion of the BAD BOY

Case 2:14-cv-02804-GMS Document 1 Filed 12/31/14 Page 7 of 15

Bad Boy Brands has never authorized or consented to the Defendants

2 use, reproduction, distribution, display or utilization of the BAD BOY Trademarks,

Defendants use of Bad Boy Brands BAD BOY Trademarks, or

5 copies, colorable imitations or confusingly similar marks, has caused actual

Defendants use of the BAD BOY Trademarks, or copies, colorable

8 imitations or confusingly similar marks, has caused and continues to cause

Defendants have used Bad Boy Brands BAD BOY Trademarks, or

12 copies, colorable imitations or confusingly similar marks, in manners inconsistent

For example, Defendants market and promote their events alongside

In addition, on information and belief, Defendants hold their

FIRST CLAIM FOR RELIEF

Bad Boy Brands incorporates by reference the foregoing allegations in

Case 2:14-cv-02804-GMS Document 1 Filed 12/31/14 Page 8 of 15

Bad Boy Brands owns valid and enforceable federal trademark

7 are senior to the alleged rights, if any, of Defendants.

9 BOY mark, or any copy, colorable imitation, or confusingly similar mark.

Defendants have been, were and/or are using, reproducing, copying

Defendants have been, were and/or are applying reproductions, copies

Defendants use in commerce of reproductions, copies or colorable

Such conduct constitutes

21 trademark infringement in violation of the Lanham Act, 15 U.S.C. 1114.