holla'back entertainment v. pharrell williams, gwen stefani, etc..pdf

23
 CIVIL COVER SHEI  1 JS44C/SDNY JU^U^ REV. 4/2014 1 5 initialing the civi ldocket sheet r , t  ~- DEFENDANTS HOUC- A6ACK.  .MB BL»* CkWGXLC PHARRELL WILLIAMS. GWEN STEFANI.EMI MUSIC PUBLISHING, ™r of na^reth. harajuku lover music, chase.chad MUSIC. INERSCOPE RECORDS. UNIVERSAL MUSIC & BM G RIGHT rWfc ATTORNEYS (IF KNOWN N/A CARLABMONE. MEMBER ON BEHALF OF HOLLA BACK RECORDS. ENTERTAINMENT, &MANAGEMENT LLC ATTORNEYS (FIRMNAME. ADDRESS. AND TELEPHONE NUMBER PRO-SE- CARLA B. BOONE, C/O KEVIN W.NEWMAN. BUSINESS MANAGER, P.O.BOX 970JYRONE.GA 30290, i service of CAUSEOF ACT10N(C.TETHEU.S. CM L STATUTE UNDER WH.CH YOU ARE FUNG AN D WR.TE ABR.EF STA TEME NTOF CAUSE) CAUSE OF At, .UN <Uq ^ ^ c|te JUR|SD|CT10NAL STATUTES UNLESS DIVERSITY) SECT.ONS32 AND 43 OF LANHAM ACTS. 15 U.S.C. 1114(1)41125 A RADEMARK/UNFA.R COMPETIT.ON AND FALSE  Ju^/cr,^ 2guS-C. Sect 32 as coMnav^iy^^Ce-ccfS^lS.GO^1 Ha s this action case or proceeding or on e essentia,* the same been previous filed in SDNY at an y time? N esQudge^s^ Aligned If yes. was this case Vol. Q I™*- PhmtaMd. No Q Yes Q lf *»•  ve date & Case No. _ . IsTHISAN INTERNATIONAL ARBITRATION CASE?  PLACE AN M IN ONEBOX ONLY) TORTS No 0 Yes D NATURE OF SUIT []110 []120 []130 []140 IPSO ll « 1 1)152 PERSONALINJURY [ J310AIRPLAN E [ )316 AIRPL ANE PRODUCT LIABILITY [ 1320 ASSAUL T,LIBEL& SLANDER [ ]330 FEDERAL EMPLOYERS LIABILITY [ ]340MARINE [ ]345 MARINE PRODUCT LIABILITY [ ]350 MOTORVEHICLE I ]355MOTOR VEHICLE PRODUCT LIABILITY [ ]360OTHER PERSONAL INJURY I 1362PERSONAL INJURY - MED MALPRACTICE PERSONAL INJURY FORFEITURE/PENALTY | ]367 HEALTHCARE/ PHARMACEUTICAL PERSONAL [ ]825 DRUG RELATED INJURY/PRODUCT UABILITY SE|ZU RE OF PROPERTY [ ]365 PERSONAL INJURY 21USC881 PRODUCT LIABILITY , , 6gn qTHER I) 368ASBESTOS PERSONAL INJURY PRODUCT LIABILITY PERSONAL PROPERTY [ 1370OTHERFRAUD [ 137 1 TRUTH IN LENDING ACTIONSUNDER STATUTES BANKRUPTCY [ ]422 APPEAL 28 USC158 [ ]423 WITHDRAWAL 28 US C 15 7 PROPERTYRIGHTS [ 1820 COPYRI GHT S []830 PATENT M 840TRADEMARK SOCIAL SECURITY [ ]861HIA(1395ff) I 1863 DIWC/DIWW (405(g)) [ ]864 SSID  TITLE XVI [1865 RSI (405(g)) OTHE R STATUTES 1375 FALSE CLAIMS 1400STATE REAPPORTIONMENT I 1410 ANTITRUST [] 430 BANKS& BANKING [ )450 COMMERCE [ ]460 DEPORTATION [ ]470 RACKETEER INFLU ENCED & CORRUPT ORGANIZATION AC T (RICO) [ 14 80 CONSUMER CREDIT []490 CABLE/SATEarTETV [ ]850 securities/ commodities; exchange in []153 1 160 [ ]190 [ H9 S  1196 INSURANCE MARINE AC T NEGOTIABLE INSTRUMENT RECOVERY OF OVERPAYMENTS ENFORCEMENT OF JUDGMENT MEDICARE AC T RECOVERY OF DEFAULTED STUDENTLOANS (EXCLVETERANS) RECOVERY OF OVERPAYMENT OFVETERAN S BENEFITS STOCKHOLDERS  u OTHER CONTRACT CONTRACT PRODUCT LIABILITY FRANCHISE [ 1380OTHERPERSONAL PROPERTY DAMAGE 1 1385PROPERTY DAMAGE PRODUCT LIABILITY PRISONERPETITIONS I 1463 ALIEN DETAINEE I 1510 M O T I ON S T O VACATE SENTENCE 28 US C 2255 [ ]530HABEASCORPUS [ ]535 DEATH PENALTY [ ]540 MANDAMUS  OTHER ACTIONSUNDER STATUTES aVIL RIGHTS [ ]440 OTHER CIVIL RIGHTS (Non-Prisoner) [ )441VOTING [ ]442 EMPLOY MENT [ ]443 HOUSI NG/ ACCOMMODATIONS [ ]445AMERI CANSWITH DISABILITIES- EMPLOYMENT [ ]446 AMERICANS WITH DISABILITIES-OTHER [ ]4 4B EDUCATION LABOR [ ]710 FAIRLABOR STANDARDS AC T M720LABOR/MGMT RELATIONS [ I740 RAILWAY LABOR ACT [ ] 751 FAMILY MEDICAL LEAVE ACT (FMLA) [ ]790OTHERLABOR LITIGATION [ 179 1 EMPLRETINC SECURITY ACT IMMIGRATION [ 1462NATUR AUZATION APPLICATION I ]465OTHER IMMIGRATION ACTIONS FEDERAL TA X SUITS [ J870TAXE S (U- S. Plaintiff or Defendant) [) 871I RS-T HIRDPARTY 26 USC7609 [ J890 OTHER STATUTORY ACTIONS ( 1891 AGRICULTURAL ACTS 1 ]89 3 ENVIRONMENTAL MATTERS [ ]895 FREEDOM OF INFORMATION ACT [ ] 896 ARBITRATION [ ] 899 ADMINISTRATIVE PROCEDURE ACT/REVIEW OR APPEAL OF AGENCY DECISION [ 1950 CONSTITUTIONALITY OF STATE STATUTES REAL PROPERTY ( 1210 [ ]220 [ J230 [1240 []Z45 [ 1290 LAND CONDEMNATION FORECLOSURE RENTLEASES. EJECTMENT TORTS TO LAND TORT PRODUCT LIABILITY ALLOTHER REALPROPERTY Checkifdemandedincomplaint CHE CKIF THI S IS ACLASS ACTION UNDER F.R.C.P. 23 DEMAND $ OTHER Check ES only if demanded in complaint JURY DEMAND: S YES LN.O PRISONER aVIL RIGHTS 550 CIVILRIGHTS ( )555PRISON CONDITION [ ]560 CIVILDETAI NEE CON DIT IONS OF CONFI NEMENT JUDGE THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.? DOCKET NUMBER NOTE:You must als o sub mit at the time of filing the Sta teme nt of Relatedness form (Form IH-32).

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  • CIVIL COVER SHEI *1JS44C/SDNY JU^U^REV. 4/2014

    15

    initialing the civildocket sheet r- , t (~-DEFENDANTS HOUC- A6ACK. '.MB BL* CkWGXLCPHARRELL WILLIAMS. GWEN STEFANI.EMI MUSIC PUBLISHING,r!ofna^reth. harajuku lover music, chase.chadMUSIC. INERSCOPE RECORDS. UNIVERSAL MUSIC &BMG RIGHT&rWfcATTORNEYS (IFKNOWN)N/A

    CARLABMONE. MEMBER ON BEHALF OF HOLLA'BACK RECORDS.ENTERTAINMENT, &MANAGEMENT LLC

    ATTORNEYS (FIRM NAME. ADDRESS. AND TELEPHONE NUMBERPRO-SE- CARLA B. BOONE, C/O KEVIN W. NEWMAN. BUSINESSMANAGER, P.O.BOX 970JYRONE.GA 30290,

    i service of

    CAUSE OF ACT10N(C.TETHEU.S. CML STATUTE UNDER WH.CH YOU ARE FUNG AND WR.TE ABR.EF STATEMENT OF CAUSE)CAUSE OF At, .UN

  • (PLACEAN xINONEBOXONLY)

    1 Original L_J 2 Removed fromProceeding

    ORIGIN

    o -. h d 4 Reinstated or3 Remanded L-l ReopenedState Court 1^*. , . Appellate[\ a. all parties represented Court

    Q b. At least oneparty is pro se.

    n 5 Transferred from Q6 Multidistrict^ (Specify District) Litigation

    Q 7 Appeal to DistrictJudge fromMagistrate JudgeJudgment

    BASIS OF JURISDICTION{PLACEAN xINONEMXONLY) FEDERALQUESTION 4 DIVERSITYn 1U.S. PLAINTIFF 2U.S. DEFENDAN 1_| ^ g^ apARTY)

    cmZENSH,P OF PRWCPAL PARTES (FOR DIVERSITY CASES ONLY)

    IF DIVERSITY, INDICATECITIZENSHIP BELOW.

    (Place an IX] in one box for Plaintiff and one box for Defendant)

    CITIZENOFTHIS STATEMl Ml CITIZEN OR SUBJECT OF A11 M FOREIGN COUNTRY

    PTFDEF

    I13[ 13

    CmZENOFANOTHERSTATE M2 ' ^ ""^32^"* "^ '

    pn-F DEF

    INCORPORATED and PRINCIPAL PLACE T 5 ! 5OF BUSINESS IN ANOTHER STATE

    r16 [isFOREIGN NATION l i

    PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)CARLA B. BOONEC/O KEVIN W. NEWMANP O. BOX 970TYRONE, GA 30290(FAYETTE)

    DEFENDANTS) ADDRESS(ES) AND counties) IJCTENSTEIN &YOUNG, 1800 CENTURYGWEN STEFANI&HARAJUKUi LOVER MUSIC^C^^CTE^lb ^^PARK EAST, 10TH FLOOR, LOS ANGELES, CA_90067^AN^tLx ] ENT.1755WILLIAMS/CHAD HUGO/CHASE CHAD&WATERS; OF ^^ CVO b. mSYSTEM BROADWAY, NYNY10019(NY) UNIVERSAL MUS^F^TH AVENUE NY 10011(NY) BMG RIGHTS MGT.175 BWY NY N' Y^XsO -re ioi,**anp|Iap.g5,

    REScfADDRESSES OF THE FOLLOWING DEFENDANTS:

    Check one: THIS(DO NOTCOMPLAINT.) ,A'

    SIGNATURE OF ATTORNEY OF RECORD a^

    ,W^X^^^S " MANHANADMITTED TO PRACTICE IN THIS DISTRICT11 NO v[ 1YES (DATE ADMITTED Mo. Yr._Attorney Bar Code #

    DATE

    RECEIPT#

  • Carla B. Boone, Pro SE

    C/0 Kevin W. Nevnnan, Business Manager

    HOLLA'BACK RECORDS, ENT...LLC

    P. 0. BOX 970

    TYRONE, GA 30290

    EMAIL kwnevnaan366aol.com

    Telephone: (404) 232-9852

    15 139UNITED STATES DISTRICT COURT

    SOUTHERN DISTRICT OF NEW YORK

    JUDGE SUUJVANCASE NO.

    COMPLAINT FOR TRADEMARK INFRINGEMENT;

    FALSE DESCRIPTION; INJURY TO

    BUSINESSS REPUTATION

    JURY TRIAL DEMANDED

    HOLLA'BACK RECORDS, ENTERTAINMENT &

    MANAGEMEMT, LLC. A GEORGIA LLC.

    Plaintiff,

    vs.

    GWEN STEFANI, PHARRELL L.

    WILLIAMS, EMI MUSIC PUBLISHING,

    WATERS OF NAZARETH PUBLISHING,

    HARAJUKU LOVER MUSIC, CHASE CHAD

    MUSIC, INTERSCOPE RECORDS,

    UNIVERSAL MUSIC AND VIDEO

    DISTRIBUTION,BMG RIGHTS MANAGEMENT

    LLC

    HOLLABACK!, ROB BLISS CREATIVE,

    LLC.

    Defendants

    c~; :^ z: i

    -~7 r~^

    JURY TRIAL DEMANDED

  • Plaintiff, HOLLA'BACK RECORDS, ENTERTAINMENT AND MANAGEMENT, LLC

    (hereinafter called "Plaintiff"), representing itself, on a Pro-Se

    basis, as and for their complaint against Defendants Gwen Stefani

    ("Stefani'), Pharrell Williams ("Williams") and their record labels,

    publishers and distributors in addition to Hollaback!, a New York

    organization, and Rob Bliss Creative ("Bliss") a Michigan LLC.

    (hereinafter collectively referred to as "Defendants" or

    individually by Last Name) alleges the following:

    II. JURISDICTION AND VENUE

    1. This is a complaint for Trademark Infringement, Unfair

    Competition and False Description arising under 32 and 43 of the

    Lanham Act, 15 U.S.C. 1114 (1) (Trademark Infringement) and 1125

    (a) (Unfair Competition and False Description) and for Injury to

    Business Reputation.

    2. This Court has original subject matter jurisdiction over this

    action pursuant to 28 U.S.C. 1331 and 1338 (a), 15 U.S.C. 1121

    and 28 U.S.C. 1121 . This Court has related claim jurisdiction

    over the state law tort claim pursuant to 28 U.S.C 1138 (b) and 28

    U.S.C. 32 as controversy exceeds $75,000.

    3. This Court has personal jurisdiction over all Defendants aside

    from "Stefani" and her publishers & "Bliss" because their principal

    place of businesses are in the State of New York.

    4. Venue is proper in this district under 28 U.S.C. 1391 (a), in

    that all of the Defendants (except Stefani and her publishers &

    "Bliss") are subject to personal jurisdiction in this district at

    JURY TRIAL DEMANDED -

  • the time the action is commenced and under 28 U.S.C. 1391 (b) and

    (c) for Defendant Hollaback!, Pharrell Williams, Chad Hugo and EMI

    because, upon information and belief, a substantial part of the

    events giving rise to the claims occurred in this district, a

    substantial part of the property that is subject to the claims

    occurred in this district and each Defendant maintains a principal

    place of business in this district.

    THE PARTIES

    5. Since 1999, Plaintiff Holla'back Records Entertainment and

    Management, LLC. was a Limited Liability Corporation organized and

    existing under the laws of the State of New York, initially, having

    a principal address of 1007 President Street, Brooklyn, NY 11225.

    The principal address for Plaintiff is now 255 Newfield Drive,

    Tyrone, GA 30290. Plaintiff is and has always been in the business

    of producing, promoting, selling hip hop/rap & r&b music,

    recording/managing/consulting musical artists, including but not

    limited to musical and recording artists in the hip hop and rap

    genre.

    6. Plaintiff also sells merchandise including CD's, t-shirts, and

    apparel and creates/markets/promotes Entertainment videos via all

    available media since 1998.

    7. Plaintiff also sells its merchandise and advertises its

    products./services via the Internet website hollaback.org since

    approximately 1998.

    JURY TRIAL DEMANDED

  • Defendant Pharrell L. Williams ("Williams)

    8. Upon information and belief, defendant PHARRELL L.

    WILLIAMS("WILLIAMS") is a resident of the state of New York and is a

    popular musical producer in the hip hop or rap genre, recording and

    producing hip hop music and artists with defendant Hugo under the

    name The Neptunes.

    9. Defendant Williams is one of the co-authors, together with

    defendants Gwen Stefani ("Stefani) and Chad Hugo ("Hugo), of the

    Infringing Song at issue herein as indicated in the ASCAP song

    registry.

    10. Aside from Plaintiff's alleged infringement, upon information

    and belief, Defendant Williams has been alleged to have engaged in

    multiple copyright infringement allegations and is herein alleged to

    be a serial Intellectual Property thief/infringer. Aside from

    Defendants's alleged copyright infringement allegation of her

    Holla'back song vs. their Young'N (Holla back)song, the pending

    trial against Defendant for the alleged infringement of the late,

    great, Marvin Gaye's (Got to Give it Up v.Blurred Lines), as well as

    this trademark infringement claim, Williams has been alleged to have

    infringed upon the copyrights of multiple and numerous Artists

    including, but not limited to: David and Peter Currin, Frank Zaconi,

    Geggy Tah, Franz Ferdinand (originally alleged yet later retracted),

    Monte $ (Twerk It), Anne Marsden (Happy Video), and a trademark

    inquiry by Will.i. AM; acts which allowed to continue to remain

    unchallenged and unpunished can only lead to continued prey upon the

    JURY TRIAL DEMANDED

  • artistic community at the hands of this alleged serial offender and

    what we believe is unwarranted praise, accolades and financial

    gain/opportunities typically and rightfully deserved of the alleged

    original trademark/copyright holder(s)/creators of these pieces.

    11. Upon information and belief, defendant Williams is also the

    owner of and does business as a music publisher under the name

    Waters of Nazareth Publishing, with offices at c/o EMI Blackwood

    Music, 810 Seventh Avenue, New York, NY 10019, as indicated in the

    registry of Broadcast Music ("BMI").

    Defendant Gwen Stefani ("Stefani)

    12. Upon information and belief, defendant Gwen Stefani ("Stefani)

    is a resident of the State of California. Stefani is an American

    recording artist and debuted her first solo album in 2004.

    13. Upon information and belief, defendant Stefani is also the

    owner of and does business as a music publisher under the name

    HARAJUKU LOVER MUSIC, located at 1800 Century Park East, 10th Floor,

    Los Angeles, CA 90067.

    Defendant Chad Hugo ("Hugo")

    14. Upon information and belief, defendant CHARLES E. HUGO

    ("HUGO") is a resident of the State of New York and is a popular

    musical producer in the hip hop or rap genre, recording and

    producing hip hop music and artists with defendants Williams under

    the professional name of the Neptunes.

    JURY TRIAL DEMANDED -

  • 15. Defendant Hugo is one of the co-authors, together with

    defendants Stefani and Williams, of the Infringing Song at issue

    herein, as indicated in the ASCAP song registry.

    16. Upon information and belief, defendant Hugo is also the owner

    of and does business as a music publisher under the name of Chase

    Chad Music, with offices at c/o Sony/ATV Music Publishing, 424

    Church Street, Suite 1200, Nashville, TN 37219.

    Defendant Hugo is one of the co-authors, together with defendants

    Williams and Stefani of the Infringing Song at issue herein, as

    indicated in the ASCAP song registry.

    Defendant Universal Music

    17. Upon information and belief, defendant Universal Music is the

    distributor of the infringing song and has offices located at

    1775 Broadway, NY 10019.

    Defendant Interscope Records

    18. Interscope Records is a major US record label authorized to

    do business in the State of New York, at 1755 Broadway, NY NY

    10019.

    Defendant BMG Music Publishing

    19. Upon information and belief, Defendant BMG Music Publishing is

    a major US publisher doing business in the State of New York, at

    1745 Broadway, NY NY 10019

    Defendant EMI Music Publishing

    20. Upon information and belief, defendant EMI is the publisher

    of the musical composition and songs defendant Williams through

    JURY TRIAL DEMANDED -

  • Williams' d/b/a Waters of Nazareth Music, including the

    Infringing Song at issue herein.

    21. EMI Music Publishing, a Connecticut corporation duly

    authorized to do business in the State of New York with offices

    at 550 Madison Avenue, New York, NY 10022.

    22. Upon information and belief, defendant EMI is the publisher

    of the musical composition of defendant Williams and the

    Infringing Song at issue herein.

    Defendant Hollaback!

    23. On information and belief, Defendant Hollaback! was formed

    under the laws of the state of New York on July 26, 2010 with

    offices located at 30 Third Avenue, 800B, Brooklyn, New York

    11217. Although there is no Agent of Service listed, Emily May is

    listed as the Co-Founder and Executive Director.

    24, Defendant Rob Bliss Creative

    Upon information and belief, Defendant Rob Bliss Creative is an

    online viral video Marketing Agency with its principal offices

    located at 50 Louis N. W. Suite 601, Grand Rapids, MI 49503.

    III.FACTUAL BACKROUND

    25. The name Holla'back Records,... LLC has been associated with

    quality Independent rap and r&b songs/artists and promotional

    products since early 1998. On January 22, 2002 and May 18, 2010,

    JURY TRIAL DEMANDED

  • Plaintiff was officially granted registration numbers 2,534,501 and

    3,789,864 for the words and mark Holla'back Records, Entertainment

    and Management for audio and video recordings featuring images of

    artists, audio recordings featuring music, blank cd-roms for sound

    or video recording, blank Recorded disks, blank recorded cdrs and

    dvd-rs, blank recordable dvds, downloadable mp3files and mp3

    recordings featuring music, webcasts and podcasts featuring music,

    audio books and news broadcasts; downloadable musical sound

    recordings, downloadable video recordings featuring music and

    images of artists, electric phonographs; phonograph record sleeves;

    phonograph records featuring music; phonograph records featuring

    artists music, images and names. For gloves as clothing; headbands

    for clothing, hoods, jackets, tops, wearable garments and clothing,

    namely shirts; Management of Performing Artists, namely models,

    singers and/or actors and for Entertainment marketing services,

    namely, marketing, promotion and advertising for independent

    recording artists as registered by the United States Patent and

    Trademark Office ("USPTO), see Exhibits A & B. Holla'back Records,

    Entertainment and Talent Management LLC. Plaintiff has, at all

    times, continuously used this name Holla'back...in commerce, within

    the rap/r&b/hip-hop music/entertainment industry/fields, including

    but not limited to promotion of its Entertainment services, placing

    artists in videos, motion pictures/television shows/print ads,

    music showcases, selling its merchandise, phonograph records, CDs's

    etc.

    JURY TRIAL DEMANDED -

  • A. Defendants Rob Bliss Creative and Holla'back

    26. On or around August 2014, Defendants Hollaback! and Rob Bliss

    Creative began distributing and marketing, via Internet and various

    Entertainment mediums including Entertainment Tonight/Access

    Hollywood, various news outlets television channels, "10 hours of

    walking in New York City" featuring an Actress/Model Shoshana

    Roberts as "a woman walks around New York City for 10 hours, as she

    gets street called 100 times by men."

    27. The video was, subsequently, highly criticized as editing out

    non-minorities originally filmed doing such cat-calls and while

    leaving in and including only minorities. The creator, defendant Rob

    Bliss, apologized on Reddit for the editing by admitting "We got a

    fair amount of white guys, but for whatever reason, a lot of what

    they said was in passing, or off camera." This post, however, was

    later deleted.

    28. After "10 hours Of Walking" was shown with the Hollaback name

    included at the end of the production piece on Access

    Hollywood/Entertainment Tonight, Plaintiff received numerous

    telephone calls inquiring about the association of the Actress/model

    in this Entertainment piece and questioning why, as a minority who

    has advocated for equality, Holla'back would produce and

    subsequently edit such an inflammatory piece.

    JURY TRIAL DEMANDED

  • 29. Plaintiff then began researching this issue and divulged that

    Holla'back's trademark was being used to market this piece as well

    as promote its hollaback song, t-shirts and website (in addition to

    soliciting numerous donations/speaking engagements, paying salaried

    employees and other financial windfalls) through the Hollaback

    trademark. Defendant Rob Bliss Creative has also acknowledged the

    numerous internet hits he has received from this video which

    Plaintiff believes has resulted in other profitable advertising

    situations for Defendants.

    30. A cease and desist letter followed to Defendants Hollaback and

    Bliss. Additional telephone calls were not returned and thus the

    lawsuit was immediately filed.

    31. Defendants Hollaback! and Rob Bliss creative's use of the

    Hollaback trademark throughout the course of business, to attract

    donors and to market and promote its products is both deceptively

    and confusingly similar to Holla'back's longstanding trademark.

    32. Defendants Hollaback! and Rob Bliss Creative marketed their "10

    Hours of Walking" video under the ihollaback.org website

    JURY TRIAL DEMANDED 10

  • B. Defendants Gwen Stefani, Pharrell Williams, Chad Hugo

    33.Chad Hugo and Pharrell Williams promoted, produced and release

    the song Holla'back girl in 2004/2005 along with a video promoting

    the song.

    34. This song is listed as a rap/rnb/swing style and was one of the

    first songs to create over 1,000,000 digital downloads.

    35. Plaintiff recently became aware of infringing song and, upon

    further research, discovered that it was produced by the same

    producers who, allegedly, infringed upon her Holla'back song in 2003

    in the copyright infringement lawsuit Boone v. Jackson et al.

    Holla'back vs. Young'N Holla back when she received a telephone call

    from a colleague who asked if this Holla'back song was the original

    song infringed due to its feature in a documentary released

    featuring said alleged infringed song.

    36. This revelation only came to light after Pharrell Williams was

    being promoted as the new host of the hit TV show The Voice in or

    around September 2014 and a new infringement occurred while

    promoting his arrival as one of the new coaches and their playing

    the infringing song, Holla'back Girl, as part of the promotion for

    his appearance on this/Stefani's appearance(s) on the show in or

    around September of 2014 along with their continued promotion and

    performance of the the alleged infringed song "Hollaback Girl"

    live on the Voice May 8, 2014.

    JURY TRIAL DEMANDED - n

  • 37. The continued rap utterance of the trademark Hollaback in the

    Stefani song Hollaback girl is confusingly similar to the

    Holla'back's longstanding trademark for "for audio and video

    recordings featuring images of artists, audio recordings featuring

    music, blank cd-roms for sound or video recording, , blank Recorded

    disks, blank recorded cd[rs and dvd-rs, blandk recordable dvds,

    downloadable mp3files and mp3 recordings featuring music, webcasts

    and podcasts featuring music, audio books and news broadcasts;

    downloadable musical sound recordings, downloadable video recordings

    featuring music and images of artists, electric phonographs;

    phonograph record sleeves; phonograph records featuring music-

    phonograph records featuring artists music, images and names.

    FIRST CLAIM

    TRADEMARK INFRINGEMENT UNDER LANHAM ACT 32

    38. Plaintiff repeats and hereby incorporates herein by reference,

    as though specifically pleaded herein, the allegations in 1-37.

    39. Defendants' wrongful use of the name Holla'back comprises an

    infringement of Holla'back's registered trademark and has and will

    continue to cause confusion, mistake and deception of the public as

    to identify and origin of Holla'backs songs, goods/services causing

    irreparable harm to Holla'back for which there is no adequate remedy

    at law. , blank Recorded disks, blank recorded cd[rs and dvd-rs,

    blandk recordable dvds, downloadable mp3files and mp3 recordings

    featuring music, webcasts and podcasts featuring music, audio books

    and news broadcasts; downloadable musical sound recordings,

    JURY TRIAL DEMANDED - 12

  • downloadable video recordings featuring music and images of artists,

    electric phonographs; phonograph record sleeves; phonograph records

    featuring music; phonograph records featuring artists music, images

    and names. For gloves as clothing; headbands for clothing, hoods,

    jackets, tops, wearable garments and clothing, namely shirts;

    Management of Performing Artists, namely models, singers and/or

    actors and for Entertainment marketing services, namely, marketing,

    promotion and advertising for independent recording artists

    40. By reason of the foregoing acts, Defendants are liable to

    Holla'back Records, Ent. & Mgt. LLC for Trademark Infringement under

    15 U.S.C. 1114

    SECOND CLAIM

    UNFAIR COMPETITION UNDER THE LANHAM ACT 43

    41. Plaintiff repeats and herein incorporates herein by reference,

    as though specifically pleaded herein, the allegations of paragraphs

    1-40.

    42. Defendants' use of the Holla'back mark to promote, market, sell

    its products or services in direct competion with Holla'back

    products and services constitutes Unfair Competition pursuant to 15

    U.S.C 1125 (a). Defendants use of the Holla'back trademark has

    caused and is likely to continue to cause damage to Holla'back, and

    is causing irreparable harm to Holla'back for which there is no

    adequate remedy at law.

    THIRD CLAIM

    FALSE DESCRIPTION

    JURY TRIAL DEMANDED -13

  • 43. Plaintiff repeats and hereby incorporates herein by reference,

    as though specifically pleaded herein, the allegations of paragragh

    1-42.

    44. Defendants' wrongful use of Holla'back's mark is such a

    colorable imitation and copy of Holla'back's trademark in the

    Entertainment/music field for consumer hip/hop songs, promotion of

    artists, promotional material that Defendants' use thereof in the

    context of entertainment is likely to cause continued confusion or

    to cause mistake, or to deceive consumers as to the affiliation,

    connection or association of Holla'backs products, or to deceive

    consumers s to the origin, sponsoring or association by Holla'back

    of the Defendants' products.

    45. Holla'back avers that Defendants' use of the mark "Hollaback"

    comprises false description or representation of Defendants'

    business or products under 15 U.S.C. 1125(a) (Section 43(a) of the

    Lanham Act).

    FOURTH CLAIM

    COMMON LAW INJURY TO BUSINESS REPUTATION

    46. Plaintiff repeats and hereby incorporates herein by reference,

    as though specifically pleaded herein, the allegations of paragraph

    1-45.

    47. Holla'back alleges that Defendants' wrongful use of Holla'backs

    trademark inures and creates a likelihood of injury to Holla'backs

    business reputation because persons encountering Hollaback! and its

    JURY TRIAL DEMANDED - 14

  • products and services will believe that Hollaback Records is

    affiliated with or related to or has the approval of Defendants, and

    any adverse reaction by the public to Defendants and the quality of

    their products or nature of its business/editing of future videos

    will injure the business reputation of Holla'back Records...LLC and

    the goodwill that it enjoys in connection with its mark "Holla'back

    Records, Ent. & Management, South, LLC."

    PRAYER FOR RELIEF

    WHEREFORE, Plaintiff prays for judgment against Defendants and each

    of them as follows:

    a) The Defendants, Hollaback!, Rob Bliss Creative, Pharrell

    Williams, Gwen Stefani and all of their agents, officers,

    employees, representative, distributors, assigns, attorneys and

    all other persons acting for, with, by, through or under

    authority from Defendants, and each of them, be preliminarily and

    permanently enjoining from:

    b) Using Holla'back Records..LLCs trademark depicted in Exhibits

    A&B or any colorable imitation thereof;

    c) Using any trademark that imitates or is confusingly similar to or

    in any way similar to Holla'backs trademark or that is likely to

    cause confusion, mistake, deception or public misunderstanding as

    to the origin of Holla'backs products/services or their

    connections to Defendants.

    d) That Defendants be required to file with the Court and serve on

    Holla'back within thirty (30) days after entry of the Injunction,

    JURY TRIAL DEMANDED 15

  • a report in writing under oath setting forth in detail the manner

    and form in which Defendants have complied with the Injunction;

    e) That, pursuant to 15 U.S. C. 1117, Defendants be held liable

    for all damages suffered by Holla'back Records resulting from the

    acts alleged herein;

    f) That, pursuant to 15 U. S. C. 117, Defendants be compelled to

    account to Holla'back Records..LLC for any and all

    donations/profits derived by it from its illegal acts complained

    of heren;

    g) That the Defendants be ordered, pursuant to 15 U.S.C 1118 to

    deliver up for destruction all containers, labels, signs,

    phonograph records, t-shirts, promotional ites, Cd's, delete fro

    Internet circulation any mp3 solicitation or any item,

    promotional material or the like in possession, custody or under

    the control of Defendants bearing a trademark found to infringe

    on Holla'back Recors' rights.

    h) For damages not less than $25,000,000 for Defendants Stefani,

    Williams, their publishers and distributors and $5,000,000 for

    Defendants Hollaback! and Rob Bliss Creative, and to the extent

    permitted by law

    i) That the Court declare this to be an exceptional case and award

    Plaintiff her hourly professional rate and full court costs

    pursuant to 15 USC 117.

    JURY TRIAL DEMANDED - 16

  • j) That the Court grant Holla'back Records...LLC any other remedy to

    which it may be entitled as provided under 15 U.S.C 116 and 117

    under state law and

    k) For such other and further relief as the Court deems just and

    proper.

    JURY DEMAND

    Plaintiff hereby demands trial by jury for all issues in this action

    triable of right by jury.

    Dated this 23rd day of February, 2015.

    (Carla B. Boone, member:

    on behalf of Holla'back

    Records, Entertainment &

    Management, LLC.)

    VERIFICATION

    I, Carla B. Boone, as a member of Holla'back Records, Ent...LLC, am

    the Plaintiff in the above entitled action. I have read the

    foregoing and know the contents thereof. The same is true of my own

    knowledge, except as to those mattes which are therein alleged on

    information and belief, and as to those matters I believe it to be

    true.

    I declare under penalty of perjury that the foregoing is true and

    correct and that this declaration was executed in Tyrone, Georgia.

    Dated

    Carla B. Boone

    JURY TRIAL DEMANDED 17

  • EXHIBIT A

  • EXHIBIT B

  • ^iteto states of &mer,wV***' Wlniuto States? patent anb tErafcemarfc Office ^^f

    Reg. No. 3,789,864

    Registered May 18,2010

    Int. Cls.: 9,25 and 35

    TRADEMARK

    SERVICE MARK

    PRINCIPAL REGISTER

    f^^^/p*Director of the United Slates Patent and Trademark Office

    Holla'back Records,Entertainment & Management

    HOLLA'BACK RECORDS, ENT. & MANAGEMENT SOUTH (GEORGIA LIMITED LIABILITYCOMPANY)

    P. O. BOX 970

    TYRONE, GA 30290

    FOR: AUDIO AND VIDEO RECORDINGS FEATURING IMAGES OF ARTISTS; AUDIO RE

    CORDINGS FEATURING MUSIC; BLANK CD-ROMS FOR SOUND ORVIDEO RECORDING;

    BLANK RECORD DISKS; BLANK RECORDABLE CD-RS AND DVD-RS; BLANK RECORD

    ABLE DVDS; DOWNLOADABLE MP3 FILES AND MP3 RECORDINGS FEATURING MUSIC;

    DOWNLOADABLE MP3 FILES, MP3 RECORDINGS, ON-LINE DISCUSSION BOARDS,

    WEBCASTS AND PODCASTS FEATURING MUSIC, AUDIO BOOKS AND NEWS BROAD

    CASTS; DOWNLOADABLE MUSICAL SOUND RECORDINGS; DOWNLOADABLE VIDEORECORDINGS FEATURING MUSIC AND IMAGES OF ARTISTS; ELECTRIC PHONO

    GRAPHS; PHONOGRAPH RECORD SLEEVES; PHONOGRAPH RECORDS FEATURINGMUSIC; PHONOGRAPH RECORDS FEATURING ARTISTS MUSIC, IMAGES AND NAMES,IN CLASS 9 (U.S. CLS. 21, 23, 26,36 AND 38).

    FIRST USE 1-11-1999; IN COMMERCE 1-11-1999.

    FOR: GLOVES AS CLOTHING; HEADBANDS FOR CLOTHING; HOODS; JACKETS; TOPS;WEARABLE GARMENTS AND CLOTHING, NAMELY, SHIRTS; WRAPS, IN CLASS 25 (U.S.CLS. 22 AND 39).

    FIRST USE 1-11-1999; IN COMMERCE 1-11-1999.

    FOR: ENTERTAINMENT MARKETING SERVICES, NAMELY, MARKETING, PROMOTION

    AND ADVERTISING FOR INDEPENDENT RECORDING ARTISTS , IN CLASS 35 (U.S. CLS.100,101 AND 102).

    FIRST USE 1-11-1999; IN COMMERCE 8-1-1999.

    THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR

    TICULAR FONT, STYLE, SIZE, OR COLOR.

    NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "RECORDS, ENTERTAINMENT& MANAGEMENT", APART FROM THE MARK AS SHOWN.

    SER. NO. 77-828,293, FILED 9-16-2009.

    ARETHA SOMERVILLE, EXAMINING ATTORNEY