Case 1:15-Cv-01124-RRM-JO Document 1 Filed 03/04/15 Page 1 of 18 Pageid #: 1
Case 1:15-cv-01124-RRM-JO Document 1 Filed 03/04/15 Page 1 of 18 PageID #: 1 Wolff & Samson PC 140 Broadway, 46th Floor New York, NY 10005 (973) 530-2045 RONALD L. ISRAEL MELISSA A. SALIMBENE Attorneys for Plaintiff Whole Oats Enterprises UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK WHOLE OATS ENTERPRISES, Case No.: 15-cv-1124 Plaintiff, vs. COMPLAINT ALLEGING TRADEMARK AND SERVICE MARK INFRINGEMENT, COMMON LAW TRADEMARK AND EARLY BIRD FOODS & CO., LLC, SERVICE MARK INFRINGEMENT AND UNFAIR COMPETITION Defendant. Jury Trial Demanded The Plaintiff Whole Oats Enterprises (“Plaintiff”), by and through its undersigned attorneys, for its complaint against the defendant, alleges as follows: NATURE OF ACTION 1. This is an action for trademark and service mark infringement, unfair competition and other relief arising under the trademark and service mark laws of the United States, specifically 15 U.S.C. § 1051 et seq . (hereinafter “Lanham Act’) and the common law of the State of New York. 1 5116081.3 Case 1:15-cv-01124-RRM-JO Document 1 Filed 03/04/15 Page 2 of 18 PageID #: 2 THE PARTIES 2. Plaintiff Whole Oats Enterprises is a partnership organized under the laws of New York and is solely owned by partners Daryl Hall and John Oates, with a principal address of c/o Fulton & Meyer, 16030 Ventura Blvd., Suite 240, Encino, California 91436. 3. Daryl Hall and John Oates (collectively the “Artists”), the sole partners of Whole Oats Enterprises, are well known musicians and members of the world famous musical duo DARYL HALL AND JOHN OATES, which musical group is commonly referred to by the group, fans and the media as HALL & OATES.
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