UNITED STATED DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA

DONNA DOUGLAS, Civil Action No.

Plaintiff COMPLAINT

v. JURY TRIAL DEMANDED

MATTEL, INC.

Defendant

Plaintiff, Donna Douglas, for her complaint against Defendant, Mattel, Inc. (“Mattel”),

alleges as follows:

NATURE OF THE CASE

1. Plaintiff, Donna Douglas, is the actress who played Elly May Clampett in all 274

episodes of the iconic television series The Beverly Hillbillies. Mattel has recently

introduced an “Elly May” Barbie doll, and is engaging in the unauthorized use of Ms.

Douglas’s name, likeness and image, as well as the distinctive attributes of her

portrayal of the Elly May character, to promote and sell the “Elly May” Barbie.

Mattell’s unauthorized conduct constitutes false endorsement under the federal

Lanham Act, violations of Plaintiff’s Louisiana right of publicity, and

misappropriation and unjust enrichment under Louisiana law.

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 PARTIES

2. Plaintiff, Donna Douglas, resides in Zachary, Louisiana.

3. Defendant, Mattel, Inc., is a Delaware corporation with its principal place of business

at 333 Continental Boulevard, El Segundo, California.

JURISDICTION AND VENUE

4. This Court has original subject matter jurisdiction over the false endorsement claim in

this action pursuant to 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331 and 1338, because

the complaint states claims for violation of the federal Lanham Act. The Court has

jurisdiction over the related State right of publicity, misappropriation and unjust

enrichment claims pursuant 28 U.S.C. § 1367. The Court also has diversity

jurisdiction over Plaintiff’s State law claims pursuant to 28 U.S.C. § 1332.

5. Venue is proper within this district pursuant to 28 U.S.C. § 1391 because Ms.

Douglas resides here.

FACTS

6. Ms. Douglas is the actor who played Elly May Clampett in all 274 episodes of The

Beverly Hillbillies. The show, which was broadcast for nine seasons on CBS from

1962 through 1971, ranked among the most watched on television during its initial

run, and has been broadcast in syndication around the world ever since.

7. Ms. Douglas is recognized throughout the world for her portrayal of Elly May

Clampett, and continues to make public appearances in association with the role 40

years after the show’s final season.

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8. In approximately December, 2010, Defendant, Mattel, introduced and began to

promote an “Elly May” Barbie doll designed to resemble the Elly May Clampett

character as portrayed by Ms. Douglas. The packaging for the “Elly May” doll

features a photo of Ms. Douglas portraying the character. (A photo of the “Elly May”

Barbie is attached hereto as Exhibit A). In promotional materials, Mattel describes

the doll’s association with Ms. Douglas’s portrayal of Elly May Clampett: “[T]he

Elly May Barbie doll portrayed by Donna Douglas in the TV show captures the

essence of the classic 60’s TV character and show, The Beverly Hillbillies.” (A copy

of a promotional description of the doll from Amazon.com is attached hereto as

Exhibit B).

9. Despite the fact the doll is designed to resemble Elly May as portrayed by Ms.

Douglas and marketed to capitalize on the close association in the public mind

between Ms. Douglas and the Elly May character, Ms. Douglas never endorsed the

doll and never gave Mattel her permission to use her name, image, or likeness in

association with the promotion of the doll.

FIRST CAUSE OF ACTION

(Lanham Act False Endorsement)

10. Plaintiff repeats and realleges the allegations set forth in Paragraphs 1 through 9 as if

fully set forth herein.

11. Mattel’s unauthorized use of Ms. Douglas’s name, image, likeness, and distinctive

attributes in the portrayal of the Elly May character creates the false public

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 impression that Ms. Douglas has endorsed the “Elly May” Barbie or otherwise

approved the use of her name, image, likeness and attributes in association with the

marketing of the product.

12. Mattel’s unauthorized use of Ms. Douglas’s name, likeness, image and attributes

constitutes false endorsement in violation of Section 43(a) of the Lanham Act, 15

U.S.C. § 1125(a).

13. Through Mattel’s violation of Section 43(a) of the Lanham Act, Ms. Douglas has

been damaged in an amount t be determined at trial, but presently estimated to be not

less than $75,000.00.

SECTION CAUSE OF ACTION

(Louisiana Right of Publicity)

14. Plaintiff repeats and realleges the allegations set forth in Paragraphs 1 through 13 as if

fully set forth herein.

15. By its unauthorized commercial use of Ms. Douglas’s name, photograph and

distinctive attributes in the portrayal of the Elly May character, Mattel has violated

Ms. Douglas’s Louisiana right of publicity.

16. Through Mattel’s violation of Ms. Douglas’s right of publicity, Ms. Douglas has been

damaged in an amount to be determined at trial, but presently estimated to be not less

than $75,000.00.

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 THIRD CAUSE OF ACTION
(Louisiana Misappropriation)

17. Plaintiff repeats and realleges the allegations set forth in Paragraphs 1 through 16 as if

fully set forth herein.

18. By its unauthorized commercial use of Ms. Douglas’s name, likeness, image and

distinctive attributes in the portrayal of the Elly May character, Mattel has

misappropriated Ms. Douglas’s identity for its commercial advantage of promoting

and selling the “Elly May” Barbie.

19. Through Mattel’s misappropriation of Ms. Douglas’s identity, Ms. Douglas has been

damaged in an amount to be determined at trial, but presently estimated to be not less

than $75,000.00.

FOURTH CAUSE OF ACTION

(Louisiana Unjust Enrichment)

20. Plaintiff repeats and realleges the allegations set forth in Paragraphs 1 through 19 as if

fully set forth herein.

21. By its unauthorized commercial use of Ms. Douglas’s name, likeness, image and

distinctive attributes in the portrayal of the Elly May character, Mattel has been

enriched at the direct expense of Ms. Douglas, without any justification for its

conduct.

22. By its conduct, Matell has been unjustly enriched in an amount to be determined at

trial, but presently estimated to be not less than $75,000.00.

WHEREFORE, Plaintiff, Donna Douglas, seeks an order of this Court:

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 1) Preliminary and permanently enjoining Mattel from the use of Plaintiff’s name,

likeness, image and distinctive attributes in the portrayal of the Elly May

character.

2) Awarding Plaintiff damages in an amount to be determined at trial.

3) Awarding Plaintiff her reasonable attorneys’ fees and costs incurred in

prosecuting this action.

4) Awarding Plaintiff such other relief as to the Court appears just and proper.

A JURY TRIAL IS DEMANDED ON ALL ISSUES SO TRIABLE

Dated: Baton Rouge, Louisiana

May 5, 2011
Respectfully Submitted:

s/Philip J. Shaheen
Philip J. Shaheen, Esq.
Bar Roll No. 11580
SHAHEEN AT LAW, INC.
8966 Interline Avenue, Suite E
Baton Rouge, Louisiana 70809-1963
Tel: 225-925-1559
Fax: 225-926-8552

Charles von Simson, Esq.

(Not admitted in the Middle District of
Louisiana)
von Simson & Chin LLP
62 Williams Street – Sixth Floor
New York, NY 10005
Telephone: (212) 514-8645

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 CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on May 4, 2011, a copy of the foregoing Complaint was filed

electronically with the Clerk of Court using the CM/ECF system. Notice of this filing will be

sent to Mattel, Inc. by operation of the Court’s electronic filing system.

s/Philip J. Shaheen
Philip J. Shaheen, Esq.
Bar Roll No. 11580
Attorney for Plaintiff, Donna Douglas
SHAHEEN AT LAW, INC.
8966 Interline Avenue, Suite E
Baton Rouge, Louisiana 70809-1963
Tel: 225-925-1559
Fax: 225-926-8552
pshah62@earthlink.net

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 2JS 44 (Rev. 12/07) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided
by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating
the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS DEFENDANTS

DOUGLAS, DONNA MATTEL, INC.

(b) County of Residence of First Listed Plaintiff EAST BATON ROUGE County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED.

(c) Attorney’s (Firm Name, Address, and Telephone Number) Attorneys (If Known)
PHILIP J. SHAHEEN, ESQ., SHAHEEN AT LAW, INC
8966 INTERLINE AVE, STE E, BATON ROUGE, LA 70809
TEL: 225-925-1559
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State

u 2 U.S. Government u 4 Diversity
Defendant
(Indicate Citizenship of Parties in Item III)
IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT TORTS
u 110 Insurance PERSONAL INJURY
u 120 Marine u 310 Airplane
u 130 Miller Act u 315 Airplane Product
u 140 Negotiable Instrument Liability
u 150 Recovery of Overpayment u 320 Assault, Libel &
& Enforcement of Judgment Slander
u 151 Medicare Act u 330 Federal Employers’
u 152 Recovery of Defaulted Liability
Student Loans u 340 Marine
(Excl. Veterans) u 345 Marine Product
u 153 Recovery of Overpayment Liability
of Veteran’s Benefits u 350 Motor Vehicle
u 160 Stockholders’ Suits u 355 Motor Vehicle
u 190 Other Contract Product Liability
u 195 Contract Product Liability u 360 Other Personal
u 196 Franchise Injury
REAL PROPERTY CIVIL RIGHTS
u 210 Land Condemnation u 441 Voting
u 220 Foreclosure u 442 Employment
u 230 Rent Lease & Ejectment u 443 Housing/
u 240 Torts to Land Accommodations
u 245 Tort Product Liability u 444 Welfare
u 290 All Other Real Property u 445 Amer. w/Disabilities -
Employment
u 446 Amer. w/Disabilities -
Other
u 440 Other Civil Rights
PERSONAL INJURY
u 362 Personal Injury -
Med. Malpractice
u 365 Personal Injury -
Product Liability
u 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
u 370 Other Fraud
u 371 Truth in Lending
u 380 Other Personal
Property Damage
u 385 Property Damage
Product Liability
PRISONER PETITIONS
u 510 Motions to Vacate
Sentence
Habeas Corpus:
u 530 General
u 535 Death Penalty
u 540 Mandamus & Other
u 550 Civil Rights
u 555 Prison Condition
Citizen of Another State
Citizen or Subject of a
Foreign Country
FORFEITURE/PENALTY
u 610 Agriculture
u 620 Other Food & Drug
u 625 Drug Related Seizure
of Property 21 USC 881
u 630 Liquor Laws
u 640 R.R. & Truck
u 650 Airline Regs.
u 660 Occupational
Safety/Health
u 690 Other
LABOR
u 710 Fair Labor Standards
Act
u 720 Labor/Mgmt. Relations
u 730 Labor/Mgmt.Reporting
& Disclosure Act
u 740 Railway Labor Act
u 790 Other Labor Litigation
u 791 Empl. Ret. Inc.
Security Act
IMMIGRATION
u 462 Naturalization Application
u 463 Habeas Corpus -
Alien Detainee
u 465 Other Immigration
Actions
u 2 u 2 Incorporated and Principal Place u 5 u 5
of Business In Another State
u 3 u 3 Foreign Nation u 6 u 6
BANKRUPTCY OTHER STATUTES
u 422 Appeal 28 USC 158 u 400 State Reapportionment
u 423 Withdrawal u 410 Antitrust
28 USC 157 u 430 Banks and Banking
u 450 Commerce
PROPERTY RIGHTS u 460 Deportation
u 820 Copyrights u 470 Racketeer Influenced and
u 830 Patent Corrupt Organizations
u 840 Trademark u 480 Consumer Credit
u 490 Cable/Sat TV
u 810 Selective Service
SOCIAL SECURITY u 850 Securities/Commodities/
u 861 HIA (1395ff) Exchange
u 862 Black Lung (923) u 875 Customer Challenge
u 863 DIWC/DIWW (405(g)) 12 USC 3410
u 864 SSID Title XVI u 890 Other Statutory Actions
u 865 RSI (405(g)) u 891 Agricultural Acts
FEDERAL TAX SUITS u 892 Economic Stabilization Act
u 870 Taxes (U.S. Plaintiff u 893 Environmental Matters
or Defendant) u 894 Energy Allocation Act
u 871 IRS—Third Party u 895 Freedom of Information
26 USC 7609 Act
u 900Appeal of Fee Determination
Under Equal Access
to Justice
u 950 Constitutionality of
State Statutes

V. ORIGIN (Place an “X” in One Box Only) Appeal to District

u 1 Original u 2 Removed from u 3 Remanded from u 4 Reinstated or u 5 Transferred from
another district u 6 Multidistrict u 7 Judge from
Magistrate
Proceeding State Court Appellate Court Reopened Litigation
(specify) Judgment
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
15 USC 1125(a)
VI. CAUSE OF ACTION Brief description of cause:
Unauthorized use of Donna Douglas's name, image, likeness & distinctive attributes
VII. REQUESTED IN u CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER F.R.C.P. 23 JURY DEMAND: ✔
u Yes u No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

05/04/2011 s/Philip J. Shaheen
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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JS 44 Reverse (Rev. 12/07)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required
by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use
of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint
filed. The attorney filing a case should complete the form as follows:
I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only
the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving
both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time
of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases,
the county of residence of the “defendant” is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section “(see attachment)”.
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X” in one
of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the
Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box
1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the
different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section
for each principal party.
IV. Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient
to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select
the most definitive.
V. Origin. Place an “X” in one of the seven boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition
for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict
litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box
is checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes
unless diversity. Example: U.S. Civil Statute: 47 USC 553
Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers
and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

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