Case 1:16-cv-00600-CAP Document 1 Filed 02/26/16 Page 1 of 18

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA
ROME DIVISION
LO 337 IP HOLDING, LLC, a Delaware
Limited Liability Company
Plaintiff,
v.
JOHN WILLIAMS, an individual, J
ENTERTAINMENT PRODUCTIONS
LLC, a Georgia Limited liability company
and DOES 1 through 10, inclusive
Defendants.

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CIVIL CASE FILE NO:
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COMPLAINT
COMES NOW Plaintiff LO 337 IP Holding, LLC and files this Complaint
against Defendants John Williams, J Entertainment Productions LLC, and John Does
1 through 10, and states as follows:
JURISDICTION AND VENUE
1.
This action arises under the Lanham Act of July 5, 1946, 60 Stat. 427, U.S.C.,
Title 15, 1051-1127.

Jurisdiction is vested in this Court by virtue of

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15 U.S.C. 1121 and 28 U.S.C. 1338. Venue is proper in this court under
28 U.S.C. 1391.
THE PARTIES
2.
Plaintiff LO 337 IP Holding, LLC (Plaintiff or LO 337) is at all times
mentioned herein a Delaware Limited Liability Company doing business in the State
of California.
3.
Defendant John Williams (Williams) is an individual with a principal place
of business in Bartow, GA.
4.
Defendant J Entertainment Productions LLC, (J Entertainment) is at all
times mentioned herein a Georgia Limited Liability Company doing business in the
State of Georgia.
5.
LO 337 is ignorant of the true names and capacities of Defendants sued herein
as JOHN DOES 1-10, inclusive, and therefore sues these Defendants by such
fictitious names. LO 337 will amend the claims to allege their true names and

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capacities when ascertained. LO 337 is informed and believes, and thereon alleges,
that each of the fictitiously named Defendants is responsible in some manner for the
occurrences herein alleged, and that LO 337s injuries herein alleged were
proximately caused by their conduct.
6.
LO 337 is informed and believes, and thereon alleges, that at all times herein
mentioned, each of the Defendants was the agent and employee of each of the
remaining Defendants and in doing the things hereinafter alleged, was acting within
the course and scope of such agency and employment. The foregoing entities are
referred to herein collectively as Defendants.
COUNT ONE
(Federal Trademark Infringement of WORLDSTAR HIP HOP)
7.
LO 337 is the owner of U.S. Registration Nos. 4,000,717 dated July 26, 2011,
and Registration No. 4,280,316 dated January 22, 2013 (Copies of these registrations
are attached as Exhibit A) for the mark WORLD STAR HIP HOP.
8.
Registration No. 4,000,717 issued to protect the following services in Class
41:

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Entertainment services in the nature of providing online

information, news and commentary in the field of hip hop, urban musicand-culture via a global computer network: entertainment services,
namely, providing a web site featuring hip hop artist performances,
videos and related film clips; entertainment services, namely, providing
information, news and commentary in the field of music and prerecorded music online via a global computer network; entertainment
services, namely, providing a web site featuring audio clips, video clips,
musical performances, musical videos, film clips and photographs in
the fields of hip hop, urban music, and entertainment news-and-culture.
Since at least as early as August 2005, and continuously since that date, LO
337 and its licensees have been providing the entertainment services described in
Registration No 4,000,717.
9.
Registration No. 4,280,316 was issued to protect, inter alia, the following
services in Class 35:
Advertising and directory services, namely promoting the
products and services of others by providing a web page featuring links
to the websites or products of others.
Since at least as early as January 2008, and continuously since that date, LO
337 and its licensees have been providing the advertising services described in
Registration No 4,280,316.

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10.
LO 337s goods and services have become well known throughout the United
States and elsewhere, and the public has come to identify the WORLD STAR HIP
HOP mark with LO 337.
11.
Defendant Williams is the owner of U.S. Registration No. 4,491,942 issued
March 4, 2014 for the mark WORLD STAR MARKETING AGENCY in Class 35
for the following services:
Providing a website featuring information and links relating to
the music industry, namely, promotion, marketing and business advice
to musicians; Providing advertising, marketing and promotional
services, namely, development of advertising campaigns for television,
print media, web pages and internet.
According to U.S. Registration No. 4,491,942, the first use in commerce for
the mark WORLD STAR MARKETING AGENCY was November 1, 2013, almost
six (6) years after the date of first use by LO 337 of the mark WORLD STAR HIP
HOP for similar Class 35 services.
12.
Defendant J Entertainment is the owner of the domain names
www.worldstarmarketing.com and www.worldstarhitradio.com (the Domains).

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The Domains host websites that feature links to products and services of others,
including music videos which are directly related to and competitive with the
services rendered by LO 337 and its licensees.
13.
Defendants actions in using, adopting and registering the WORLD STAR
MARKETING AGENCY trademark to market and sell services that are identical or
similar to services marketed and sold by LO 337 under its WORLD STAR HIP HOP
mark, to similar classes of consumers in similar markets and trade channels, is likely
to cause confusion amongst members of the relevant consuming public as to the
source of origin of the services sold by Defendants, or to cause a mistake, or to
deceive, and thus constitutes infringement of Plaintiffs federally registered
WORLD STAR HIP HOP trademark, in violation of section 32(1)(a) of the Lanham
Act, 15 U.S.C. section 1114(1)(a).
14.
Defendants registration and use of the term WORLD STAR MARKETING
AGENCY and use of the term WORLDSTAR MARKETING as part of the Domain
are both infringements of LO 337s registered WORLD STAR HIP HOP mark in

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that there exists a likelihood of confusion amongst members of the relevant

consuming public as to the source of origin of the services sold by Defendant.
15.
Unless preliminarily and permanently enjoined, Defendants use of the
WORLD STAR MARKETING AGENCY trademark will cause LO 337 irreparable
harm for which there exists no adequate remedy.
16.
LO 337 is entitled to recover from Defendants all damages it has sustained
and all damages it may sustain due to Defendants improper conduct, and
Defendants profits from their improper conduct, in an amount to be proved at trial,
pursuant to 15 U.S.C. section 1117.
17.
Defendants actions have been deliberate and willful and amount to
exceptional circumstances that justify an award of attorneys fees to LO 337
pursuant to 15 U.S.C. section 1117.
COUNT TWO
(Common Law Trademark Infringement)
18.
Plaintiff re-alleges Paragraphs 1-17 as though fully set forth herein.

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19.
Since its first adoption and use, LO 337 has used the terms WORLD STAR,
and WORLDSTAR, continuously to market the services described herein as well as
for related goods including clothing and jewelry.
20.
LO 337 has the prior and exclusive common law right to use its WORLD
STAR HIP HOP trademark to identify its services in the United States.
21.
LO 337 has established valid common law rights in the terms WORLD STAR
and WORLDSTAR through its continuous use of the marks in commerce since, at
the latest, January 1, 2008.
22.
LO 337 is also the owner of U.S. Application Serial No. 85928155 for the
mark WORLDSTAR for the following goods and services:
Jewelry, Clothing, namely, shirts and pants, t-shirts, shorts,
dresses, jumpers, blouses, jackets, coats, sweatpants, sweatshirts,
underwear, sleepwear, loungewear, swimwear, wet suits, overalls,
coveralls, ski wear, vests, sweaters, leggings, neckwear, belts,
suspenders, cloth bibs, wristbands, footwear, headwear and neckties;

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Advertising, and commercial information and directory agency

services; Providing information, news, and commentary in the field of
popular culture.
23.
Defendants use of the terms WORLD STAR MARKETING AGENCY and
WORLD STAR MARKETING is an infringement of LO 337s rights in the mark
WORLDSTAR in that Plaintiffs use of the WORLDSTAR mark preceded
Defendants use of the terms WORLD STAR MARKETING AGENCY AND
WORLD STAR MARKETING, and there exists a likelihood of confusion amongst
members of the relevant consuming public as to the source of origin of the services
sold by Defendants.
24.
Defendants Williams use of its infringing WORLD STAR MARKETING
AGENCY trademark for similar services is likely to cause confusion, deception or
mistake, and therefore infringes LO 337s WORLD STAR HIP HOP trademark in
violation of the common law of Georgia.

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COUNT THREE
(Unfair Competition by False Designation of Origin - 15 U.S.C. 1125(a))
25.
LO 337 re-alleges each and every allegation set forth in Paragraphs 1 through
17, and 19 through 24 inclusive, and incorporates them herein by this reference.
26.
The use by Defendants of the WORLDSTAR term or any variation thereof in
connection with providing a website featuring information and links relating to the
music industry, namely, promotion, marketing and business advice to musicians;
Providing advertising, marketing and promotional services, namely, development of
advertising campaigns for television, print media, web pages and Internet is a false
designation of origin and a false description or representation that wrongly and
falsely designates and describes the services rendered by Defendants as originating
from or connected with LO 337 and constitutes utilizing false descriptions or
representations in commerce.
27.
The acts of Defendants alleged here are in interstate commerce and likely to
cause confusion, or to cause mistake, or to deceive as to the affiliation, connection,
or association with LO 337 or its commercial activities or commercial activities of

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Defendants, or as to the sponsorship or approval by LO 337 of Defendants services.

Defendants actions further misrepresent the nature, characteristics or qualities of
Defendants goods, services or commercial activities.
28.
LO 337 has no adequate remedy at law for the foregoing wrongful conduct of
Defendants in that, (i) Defendants actions damage and threaten to continue to
damage LO 337s unique and valuable property, injury to which cannot adequately
be compensated by monetary damages; (ii) the damages to LO 337 from Defendants
wrongful actions are not precisely and fully ascertainable; (iii) the wrongful act of
Defendants injures and threatens to continue to injure LO 337s reputation and
goodwill; and (iv) the damages resulting to LO 337 from Defendants wrongful
conduct, and the conduct itself, are continuing, and LO 337 would be required to
bring a multiplicity of suits to achieve full compensation for the injuries caused
thereby.
29.
By reason of the foregoing, Defendants have violated and are continuing to
violate 15 U.S.C. section 1125.

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30.
LO 337 is entitled to an injunction restraining Defendants, their officers,
agents and employees, and all persons acting in concert with them, from engaging
in any further acts in violation of 15 U.S.C. section 1125. Unless restrained, the
foregoing wrongful acts of Defendants will continue to cause irreparable injury to
LO 337, both during the pendency of this action and thereafter. Therefore this court
should enter an order permanently enjoining Defendants and their agents,
employees, and others acting in concert with them from directly or indirectly using
the term WORLDSTAR in connection with providing a website featuring
information and links relating to the music industry, namely, promotion, marketing
and business advice to musicians; Providing advertising, marketing and promotional
services, namely, development of advertising campaigns for television, print media,
web pages and Internet.
31.
LO 337 is further entitled to recover from Defendants the damages, including
attorneys fees, it has sustained and will sustain, and any gains, profits and
advantages obtained by Defendants as a result of their acts of infringement alleged
above. Based upon the circumstances of the case, including the willful deliberate

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and intentional nature of Defendants conduct in maintaining this action with full
knowledge of LO 337s prior statutory and common law rights in the term
WORLDSTAR, LO 337 is entitled, pursuant to 17 U.S.C. section 1117, to recover
triple the amount found as actual damages.
32.
LO 337 is further entitled to and seeks cancellation of Defendants registration
for the term WORLD STAR MARKETING AGENCY (U.S. Registration No.
4,491,942) as the mark is confusingly similar with Plaintiffs registered mark for
WORLD STAR HIP HOP and its common-law protected WORLDSTAR and
WORLD STAR marks, as described in paragraphs 13-17. LO 337 is entitled to and
seeks cancellation of U.S. Registration No. 4,491,942, pursuant to 15 U.S.C. section
1120, for the additional reason that the registration was fraudulently procured by
Defendant, who was aware of Plaintiffs well-known marks and knowingly
misrepresented that no other party had the right to a mark closely resembling
WORLD STAR MARKETING AGENCY.

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COUNT FOUR
(Unfair & Deceptive Trade Practices)
33.
LO 337 re-alleges each and every allegation set forth in 1 through 17, 19
through 24, and 26 through 32 inclusive, and incorporates them herein by this
reference.
34.
The activities of Defendants described herein constitute unfair and/or
deceptive trade practices that have occurred and continue to occur in commerce in
this State and elsewhere, and which have caused and proximately caused, and
continue to cause and proximately cause, injury to LO 337. Such activities of the
Defendants have been of a willful or wanton nature, and are in bad faith, and/or have
been committed with a reckless disregard of the rights of LO 337.
35.
The activities of Defendants constitute unfair and deceptive trade practices
under CA Bus & Prof. Code 17500, O.C.G.A. 10-1-372, and otherwise, and have
harmed and damaged LO 337. LO 337 is entitled to recover from Defendants its
damages, treble damages, and reasonable attorneys fees, pursuant to CA Bus &
Prof. Code 17203, and O.C.G.A. 10-1-373.

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In addition, Defendants have acted in bad faith, have been stubbornly

litigious, and have caused Plaintiff unnecessary trouble and expense so as to allow
it to recover its reasonable expenses and attorneys fees pursuant to
O.C.G.A. 13-6-11.
COUNT FIVE
(Infringement of Mark to Enhance Commercial Value of Defendants
Services)
36.
LO 337 re-alleges each and every allegation set forth in Paragraphs LO 337
re-alleges each and every allegation set forth in 1 through 17, 19 through 24, 26
through 32, and 34 through 45 inclusive, and incorporates them herein by this
reference.
37.
Defendants use, as alleged above, of the marks WORLDSTAR
MARKETING and WORLDSTAR MARKETING AGENCY or colorable
imitations thereof for its services are likely to cause injury to the business reputation
of LO 337.

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38.
Defendants use, as alleged above, of the marks WORLDSTAR
MARKETING and WORLDSTAR MARKETING AGENCY or colorable
imitations thereof for its services, was and is without LO 337s prior consent.
39.
Defendants use, as alleged above, of the marks WORLDSTAR
MARKETING and WORLDSTAR MARKETING AGENCY or colorable
imitations thereof for its services, is done for the purpose of enhancing the
commercial value of, its website, and to divert traffic from Plaintiffs website
operated at www.worldstarhiphop.com.

PRAYER FOR RELIEF

WHEREFORE, LO 337 prays:
1. For a permanent injunction, enjoining Defendants, their agents, servants,
employees, and all persons acting under, in concert with, or for them from:
(a) Using the marks or domain names WORLDSTAR, WORLDSTAR
MARKETING, and/or WORLDSTAR MARKETING AGENCY or any colorable

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imitation thereof, in the United States and elsewhere, in providing a website

featuring information and links relating to the music industry, namely, promotion,
marketing and business advice to musicians; providing advertising, marketing, and
promotional services, namely, development of advertising campaigns for television,
print media, web pages, and Internet;
(b) Otherwise infringing LO 337s trademark and service marks;
(c) Causing likelihood of confusion, deception, or mistake as to the
source, nature, or quality of LO 337s or Defendants services;
2. For an order of the Court cancelling Registration No. 4,491,942;
3. For an order of the Court transferring rights in the domain:
www.worldstarmarketing.com and www.worldstarhitradio.com to LO 337.
4. For all of Defendants profits derived from its infringement of LO 337s
marks;
5. For LO 337s damages, together with three times the amount of LO 337s
actual damages, caused by Defendants and their infringement of LO 337s marks;
6. For LO 337s reasonable attorney fees expended in this action including
fees and expenses pursuant to O.C.G.A. 13-6-11;
7. For punitive damages as the court may deem proper;

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8. For costs of suit incurred herein;

9. For such other and further relief as the Court may deem proper; and
10. FOR TRIAL BY JURY FOR ALL ISSUES SO TRIABLE.

This the 25th day of February, 2016.

/s/ Mary E. Meyer

Jason W. Graham
Georgia Bar No. 304595
Mary E. Meyer
Georgia Bar No. 427356
Attorneys for Plaintiff

Graham & Jensen, LLP

17 Executive Park Drive, Suite 115
Atlanta, Georgia 30329
Telephone: (404) 842-9380
Facsimile: (678) 904-3110
jgraham@grahamjensen.com
mmeyer@grahamjensen.com

Douglas Johnson
California Bar No. 209216
JOHNSON & JOHNSON, LLP
439 N. Canon Drive, Suite 200
Beverly Hills, CA 90210
djohnson@jjllplaw.com