Case 2:11-cv-02156-GMS Document 1 Filed 11/01/11 Page 1 of 13 GREENBERG TRAURIG, LLP 1 ATTORNEYS AT LAW SUITE 700 2 2375 EAST CAMELBACK ROAD PHOENIX, ARIZONA 85016 3 (602) 445-8000 Kimberly A. Warshawsky, SBN 022083,
[email protected] 4 Attorneys for Plaintiff Celebrity Fight Night Foundation, Inc. 5 IN THE UNITED STATES DISTRICT COURT 6 DISTRICT OF ARIZONA 7 Celebrity Fight Night Foundation, Inc., No. 8 Plaintiff, VERIFIED COMPLAINT IN 9 v. SUPPORT OF TEMPORARY RESTRAINING ORDER AND 10 FilmOn.com, Inc. PRELIMINARY INJUNCTION 11 Defendant. (Jury Trial Demanded) 12 13 For its Verified Complaint in Support of Temporary Restraining Order and 14 Preliminary Injunction against Defendant FilmOn.com, Inc. (“FilmOn.com”), Plaintiff 15 Celebrity Fight Night Foundation, Inc. (the “Foundation”) alleges as follows: 16 SUMMARY OF ACTION 17 1. This is an action brought for trademark infringement under the federal 18 Trademark Act, 15 U.S.C. § 1114(1), for False Designation of Origin pursuant to 15 19 U.S.C. § 1125(a)(1)(A), and for common law trademark infringement pursuant to the laws 20 of the State of Arizona. The Foundation is the owner of the trademark CELEBRITY 21 FIGHT NIGHT (the “CELEBRITY FIGHT NIGHT Mark”), and, using that mark, hosts a 22 yearly, world-class charity event benefitting the Muhammad Ali Parkinson Center at 23 Barrow Neurological Institute and other charities. The Foundation’s Celebrity Fight 24 Night Event is a star-studded event, which has received significant national media 25 attention year-in and year-out. Notwithstanding the Foundation’s exclusive rights to the 26 CELEBRITY FIGHT NIGHT Mark, and despite having no legitimate reason to do so, PHX 330,037,688v3 LAW OFFICES GREENBERG TRAURIG 2375 EAST CAMELBACK ROAD, SUITE 700 PHOENIX, ARIZONA 85016 (602) 445-8000 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 PHX 330,037,688v3 “Celebrity Fight Night” amateur boxing event.