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. the website, which would allowresidents of consumers the State to of view, Arizona, invites amongspecifically, visitors other on to download the events, an website HDi Defendant’s <filmon.com>. player directly from Defendant’s website, which isresidents accessible of to the State of Arizona. nationally, including in Arizona, and on the Internet, on websiteson that DirectTV Pay-Per-View, are including accessible here in to Arizona. matches between public figures and quasi-celebrities. place of business at 1141 Summit Drive, Beverly Hills, California 90210. Number 135, Phoenix, Arizona 85016. corporation having its principal place of business at 2111 East Highland Avenue, Suite costs, and preliminary and permanent injunctive relief. Act. Plaintiff Celebrityconstitutes Fight a Night violation Foundation, of Inc. SectionsNIGHT 1114(1) seeks and damages, is 1125(a)(1)(A) attorneys’ both of fees, the likelyand Federal to promote Trademark amateur cause boxing and matches.Defendant has FilmOn.com, FilmOn.com’s actually Inc. use is caused of using the actual the CELEBRITY name confusion, CELEBRITY FIGHT FIGHT and NIGHT thus to market Case 2:11-cv-02156-GMSDocument1Filed11/01/11Page2of13 7. 6. 5. 4. 3. 2. Defendant FilmOn.com also broadcasts its events over the Internet, and Defendant FilmOn.com also advertises itsDefendant amateur FilmOn.com’s amateur boxing boxing matches are matches televised nationally Defendant FilmOn.com promotes, markets, and hostsDefendant amateur FilmOn.com, Inc. boxing is a Delaware corporation having its principal Plaintiff Celebrity Fight Night Foundation, Inc. is an Arizona non-profit THE PARTIES, JURISDICTION, AND VENUE -2- 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 Center at Barrow Neurological Institute in Phoenix, amonghas other raised charities. more than $70 million primarily benefitting theCelebrity Fight Muhammad Night, is Ali known as Parkinson one oflocal the charities nation’s through elite a charity celebrity events. charity event.ago Today, when Mr. its Walker’s vision, founder, aptly Jimmy named Walker, thought it would be possible to raise money for jurisdiction that they form part of the same§ case 1367(a), or as controversy. such claims aresupplemental so related jurisdiction to the over claims over15 Plaintiff’s which U.S.C. this state Court § has law 1121 original and claims 28 pursuant U.S.C. to §§ 28 1331, 1338(a) U.S.C. famous and mark CELEBRITY 1338(b). FIGHT NIGHT is intentional. Thischarity event Court before naming has its boxing matches, and its continued use of the Foundation’s Parkinson Center at Barrow Neurological Institute. event, and the locationthe of Foundation’s principal the place Foundation’s of business, principal whereNIGHT the benefactor, Mark Foundation hosts has the its further yearly Muhammad caused charity the Ali Foundation to suffer harm here in Arizona, which is Case 2:11-cv-02156-GMSDocument1Filed11/01/11Page3of13 The Foundation’s Well-Known Event and CELEBRITY FIGHT NIGHT Mark 14. 13. 12. 11. 10. 9. 8. By and through its yearly star-studded charity events Celebrity Fight Night Plaintiff Celebrity Fight Night Foundation started approximately 17 years Pursuant to 28 U.S.C. § 1391(b) and (c), venue is proper in this District. This Court has subject matter jurisdiction underBased the upon Lanham the Act above, pursuant this to Court has personal jurisdiction over Defendant. Upon information and belief, defendant FilmOn.com knew of Plaintiff’s Defendant FilmOn.com’s use of the Foundation’s CELEBRITY FIGHT ALLEGATIONS COMMON TO ALL COUNTS -3- 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 LaDainian Tomlinson, Red McCombs, and Dr. Robert Spetzler. Kerr, Harvey Mackay,Hawk, Bob Jerry Colangelo, Parsons, Foster Friess, Chris Jeff Evert,Michael Michael Mallett, Phelps, Johnson, David Curt Foster, Howard Schilling, Cristie Luis Schultz, Gonzalez,Montana, Evander John Stewart Holyfield, Elway, Emmitt Rahr, Randy Smith, Johnson, Tony Stone, Kurt Warner, Magic Forest Johnson, Whitaker, Clive JerrySchwarzenegger, Weintraub, Davis, Larry Wayne King, Gretzky, Steve MichaelCarrey, Nash, J. Jack Fox, Robin Nicklaus, Donald Joe a Trump, Williams, cure Chevy for Parkinson’s Chase, Billy disease. Previous Sharon communities award who Crystal, recipients best have represent included the Halle qualities Reba Berry, associatedNight with Jim Awards Mr. as McEntire, Ali a and way his to Faith fight acknowledge to leaders find in Hill, the sports, entertainmentNeurological Arnold and Institute. business synonymous with Mr. Ali and theMuhammad Ali Muhammad Parkinson Center at Ali Barrow Neurological Institute Parkinsonan in invitation Phoenix. Center to become at thenational Barrow featured spotlight when guest. the most At recognized man the in event, the the world, Muhammad world Ali, learnedentertainers. accepted about the celebrity-filled charity eventconcert with that changed live the musical dynamic of entertainment Celebrity Fight byDan Night Majerle. major from The first a marquee event was sports asmaller huge event than success. the to event a that exists today, and featured Phoenix Suns Charles Barkley and Case 2:11-cv-02156-GMSDocument1Filed11/01/11Page4of13 19. 18. 17. 16. 15. In 1997, the Foundation established the Muhammad Ali Celebrity Fight After fifteen years of support, Celebrity Fight Night has become In its third year, in 1997, Celebrity Fight Night took a big leap into the The next year, Kenny Rogers joined the event by performing a 40-minute The first event, known just as “Fight Night”, was in 1994, and was much -4- 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 <celebrityfightnight.org>. media andFight Night event on and the CELEBRITY the FIGHT NIGHT MarkNIGHT Internet Mark in as the print name of and its through celebrity broadcast charity event for the various past 12 years. Exhibit 1. websites,trademark including registration certificate as at means maintained of musical by concerts”. the A true USPTOfund and correct raising is copy of purposes attached the CELEBRITY … hereto FIGHTon Charitable NIGHT as December fund 30, raising; 2008 for, Charitablethe “[o]rganizing fund United and States raising conducting Patent charity services and auctions by Trademark for Office charitable (the “USPTO”) on the“Hollywood Principal Insider.” Register such as “EntertainmentPeople Magazine, Tonight,” Sports Illustrated “Access and USA Hollywood,” Today, and “Extra,” onBlowfish, national “E!,” Brian television McKnight, the shows and Pointer Sisters and the TheSparks, Village People. Charice, Michael Bolton,Kenny Jackie G, Donna Evancho, Summer, Sam Dionne Moore, DennisEstefan, Warwick, Quaid, Trisha Kevin Hootie Yearwood, Bacon, John The and Mellencamp, Go-Gos, Babyface, the Jordin RobinDiana Williams, Barry Ross, Manilow, Josh Groban,Stewart, Glenn Reba Frey, McEntire, Michael Jon Bublé, Bonperformances Lionel Jovi, throughout Richie, Faith the Sinbad, Hill, years Gloria Kelly including Clarkson, those by Matchbox Garth Twenty, Brooks, Celine Dion, Rod Case 2:11-cv-02156-GMSDocument1Filed11/01/11Page5of13 24. 23. 22. 21. 20. The Foundation spends at least $100,000 per year to promote itsThe Celebrity Foundation has been continuously using the CELEBRITY FIGHT The Foundation’s mark, CELEBRITY FIGHT NIGHT, was registered with Celebrity Fight Night has been covered in national publications including Celebrity Fight Night audiences have been treated to some incredible -5- 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 as Exhibit 2.