Entrepreneur Media Inc v. American City Business Journals Inc et al

Filing 1

COMPLAINT against Defendants American City Business Journals Inc and Does. Case assigned to Judge James V. Selna for all further proceedings. Discovery referred to Magistrate Judge Arthur Nakazato.(Filing fee $ 350 Paid). Jury Demanded. Filed by Plaintiff Entrepreneur Media Inc.(lwag)

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LATHAM & WATKINS LLP
Perry J. Viscounty (Bar No. 132143)
2 perry.viscoun
[e-mail]
650 Town Center Drive, 20th Floor
3
Costa Mesa, California 92626-1925
4 Telephone: [phone]
Facsimile: [phone]
5
I
6 LATHAM & WATKINS LLP
Jennifer L. Barry (Bar No. 228066)
Sean P. McClure (Bar No. 274038)
7
jennifer. [e-mail]
8 sean. rncclure@lw. corn
600 West Broadway, Suite 1800
9 San Diego,
California 92101-3375
Telephone: [phone]
10
Facsimile: [phone]
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Attorneys for Plaintiff
12 ENTREPRENEUR MEDIA, INC.
13
UNITED STATES DISTRICT COURT
14
CENTRAL DISTRICT OF CALIFORNIA
15

C,
C5r-

/

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ENTREPRENEUR MEDIA, INC.,
a California corporation,

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Case No. SACV11-722 JVS(ANx)
Complaint For:
(1) Trademark Infringement (Lanham
Act, 15 U.S.C. § 1114)
(2) Unfair Competition/False Designation
Of Origin (Lanham Act, 15 U.S.C.
§ 1125(a))
(3) Unfair Competition (Cal. Bus. & Prof.
Code § 17200 etseq.)
(4) Common Law Trademark
Infringement
(5) Common Law Unfair Competition
(6) Declaratory Relief

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Demand For Jury Trial

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Plaintiff,
V.

AMERICAN CITY BUSINESS
JOURNALS, INC., a Delaware
corporation; and DOES 1-10,
Defendants.

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L AT I-IA M A WAT K INS
AT7ORNEYS AT LAW
ORANGE C
N1Y

Complaint
Demand for Jury Trial

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Plaintiff Entrepreneur Media, Inc. (“EMI”), for its Com
plaint against
American City Business Journals, Inc. and Does 1-10 (“De
fendants”), alleges as
follows:
Jurisdiction and Venue
1.

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This is a civil action alleging trademark infringement, false
designation of origin, and unfair competition under the Lanh
am Act, 15 U.S.C.
§ 1114(a), 1125(a); unfair competition under California Business & Professions
Code § § 17200 et seq.; California common law trademark
infringement and unfair
competition; and declaratory relief under the Declaratory
Judgment Act, 28
U.S.C.2201.
2.

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Pursuant to 15 U.S.C.

§

1121(a) and 28 U.S.C.

§

1338(a), this Court

has subject matter jurisdiction over EMI’s claims for relie
f for violation of the
federal trademark and unfair competition statutes. Pursuant
to 28 U.S.C.
§ 1338(b), this Court has supplemental jurisdiction over EMI’s state law unfair
competition claims, in that the claims are joined with subs
tantial and related
claims under the Lanham Act. This Court also has supp
lemental jurisdiction over
EM!’ s state law claims pursuant to 28 U.S.C. 1367(a),
in that all of EMI ‘s
§
claims arise out of a common nucleus of operative facts.
3.
This Court has personal jurisdiction over Defendants beca
use
Defendants have conducted substantial business in this
State, as, on information
and belief, Defendants have marketed and sold their publ
ications to residents of
this State, and maintain offices in this State.
4.
Venue in this Court exists under 28 U.S.C. 1391(b)(1
), (c), as
§
Defendants are deemed residents of this District for venu
e purposes; and under
subsection (b)(2) because a substantial part of the events
giving rise to the claims
alleged in this Complaint occurred in this District, as,
on information and belief,
Defendants have marketed and sold their publications
to residents of this District,
.

.

.

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LATHAMEWATKINS”
ATTORNEYS Ar LAW
ORANGE COUNTY

I

Complaint
Demand for Jury Trial

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including, for example, Defendants’ “Los Angeles Business” website.

2

The Parties
5.

EMI is a California corporation, having its principal place of
business at 2445 McCabe Way, Irvine, California 92614.
6.

On information and belief, American City Business Journals, Inc.
(“ACBJ”) is a Delaware corporation, having its principal place of
business at 120
W. Morehead Street, Suite 400, Charlotte, North Carolina, 28202.
ACBJ
publishes business journals in over 30 cities across the country, and
offers

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websites providing business news for various cities.
7.
EMI is ignorant of the true names of defendants Does 1 throu
gh 10,
inclusive, and therefore sues those defendants by such fictitious
names. EMI is
.

.

informed and believes, and on that basis alleges, that defendan
ts Does 1 through
10, inclusive, are responsible for the acts alleged in this Complain
t. When the
true names of such fictitious defendants are ascertained, EMI
will seek leave of
this Court to amend this Complaint to name those individuals or
entities.
8.
EMI is informed and believes, and on that basis alleges, that
each of
the Defendants was the agent and employee of the remaining Defe
ndants and, at
all times mentioned, acted within the course and scope of such
agency and
employment.
Facts Common to All Claims for Relief

22

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EMI and Its Successful ENTREPRENEUR® Brand
9.

For over 30 years, EMI (together with its predecessor compani
es) has
published magazines and books which provide editorial content
and other
information, as well as offer products and services related or of
interest to
businesses, business owners, and prospective business owners.
.

.

10.

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EMI’s longstanding marketing and sales efforts have been
conducted
primarily under the mark ENTREPRENEUR (the “ENTREPRE
NEUR® Mark”).

LATHAMeWATKIN5”
ATTORNEYS AT LAW
ORANGE COUNTY

4.

Complaint
eman ,4 for J ury na

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11.

EMI is the publisher of ENTREPRENEUR° magazine and
other
publications incorporating the ENTREPRENEUR° name in
their titles.
ENTREPRENEUR magazine is published monthly with
a current paid
circulation, including both subscriptions and newsstand sales
, of more than
600,000 in the United States. ENTREPRENEUR° magazine
is also sold and
distributed in over 100 foreign countries.
12.

ENTREPRENEUR° magazine routinely features articles
and
interviews of some of the biggest names in the entrepreneur
community, including
Richard Branson, skateboarding icon Tony Hawk, quarterba
ck Drew Brees, and
hip hop mogul Russell Simmons:

Entnr- neur Entrepreneur Entrepreneur Entr neur
KC$etI/Tr.lSfl.Q .l. .4

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ENTREPRENEUR® magazine also annually publishes,
and has
continuously published for over thirty years, the highly
anticipated Franchise
500® ranking of America’s top
franchises using EMI’s top-secret formula:
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E]Vll also publishes over 200 book titles under the

LATH AM & WAT K I N 5’
ATTORNEYS A LAW
ORANGE Co NTY

3

Complaint
Demand for Jury Trial

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ENTREPRENEUR name and ENTREPRENEUR PRESS
imprint:
2ND FDITION

3

STAR

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BUSiNESS
The UNIV start” book

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ESTATE
INVESTING

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ad
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Evei’ything
You Need
to Know
to
Wealth In 4”P’
RealEsfato •G,. Cfl.Ah,.i..A

Entrepreneur Press and
David H. Bangs Jr.

STUART LELAJID RIDER

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10

u’II seer need

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EMI has recently launched many of its most successful
titles as e

I books:

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NOW AVAILABLE
ASeBOOKS!

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2O11TITLES

Piess

.

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tn( ur ();.n

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CHILD-CANE
SENVICE

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18

;,,,

(;YIl• i

Start Your Own ChildCare Service (3rd Ed.)

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0.

CLOTHING
STORE
AND MORE
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RETAIL
BUSINESS
AND MORE
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Start Your awn Clothing
Store and More (3rd Ed.)

Start Your Own Retail
Business and More

16.

EMI also conducts seminars, workshops and other educ
ational
services geared towards how to successfully start and
operate businesses. These
events have included the Sales Success Secrets/Business
Success Secrets®
Breakfasts sponsored by State Farm Insurance; the Wom
en in Charge
Conferences sponsored by OPEN—American Express;
the Business Success
Secrets® Breakfast Seminars spon
sored by Deluxe Corporation and Sprint; the
Winning Strategies for Business Conference sponsored
by Verizon; and

LATHAMEWATK INS””
ATTORNEYS AT LAW
ORANGE C
STY

4

Complaint
Demand for Jury Trial

____

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Entrepreneur Magazine’s Growth 2.0 Conferences presented by The UPS
Store®:

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4

ENTREPRENEUR MAGAZINES

201 I

Enhepç
OMEN IN CHARGE

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6

CONFERENCE

u*i.

IDEAS FOR NOW. INSIGHTS FOR TOMORROW

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ftwmall:s

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Entrepreneur Magazines

IUSINESS SUCCESS SECRETS
A Compkmentary Breakfast Seminar

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15

[r

Entrepreneu

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Sprint>
FOR BUSNE5S

17.

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EMI operates a number of websites to further disseminate and
market its content, and services, including entrepreneur. corn,

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EntrepreneurEnEspanol. corn, YoungEntrepreneur. corn, and
EntrepreneurPress. corn:

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.

nteer’neu
Entrepreneur®

a

a

En EspaioI
Site Map

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Contact Us

corn

18.

The website at entrepreneur.com has averaged over 6 million uniq
ue
visitors and over 52.6 million page views per month, and is ranked in
the top
1,100 sites in the United States by Alexa.
19.
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EMI has also launched apps for iPhones/ iPads, Android and

LATHAMaWATKINS”
ATTORNEYS AT LAW

5

Complaint

Demand for Jury Trial

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Blackberry:

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‘Entre,reneuriPhoneandiPadApp
MAGAZINE

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-.

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8

10
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Chckto Download For Free

20.

EMI’s fame and high-quality content and services have resulted in
numerous co-branding business relationships with some of the top names in
news
and business. These co-branding relationships have included MSNBC, Reuter
s,
PerfectBusiness.com, Princeton Review (ranking top entrepreneurial school
s),
Great Place to Work® (annual Best Small & Medium Workplaces rankings),
and
Palo Alto Software (Entrepreneur® magazine’s Business Plan Pro® software):
u.s.

REUTERS

& Markets

& Industries

FROM O P PARTNERS

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ooyouNeedaFullrmer,Contractororoutnoo cedHelp?

E.ntp.etr

GREAT Entrpneur
PLACE
2010
TO
WORK
I3H

Lessons Learned From Mom Inventors

UL...

su ModIU
Wcdcpoces

Iowa Young Fashmn Dewgner Stands Out us Crosmied
Market

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21.

Through careful cultivation of its various products and services, EMI
has developed an outstanding reputation as an innovator in the field of busine
ss
start-up and strategy and has established an extremely loyal customer follow
ing.
22. EMI has received a tremendous amount of public recogrntion and
acclaim for the products sold and services provided under its ENTREPREN
EUR®
brand. Through EMI’s widespread and continuous use of the
ENTREPRENEUR® Mark, the mark has acquired extensive goodwill, has
developed a high degree of distinctiveness, and has become famous, well
known
.

and recognized as identif’ing goods and services that originate from EMI.
.

.

LATHAMnWATKINS”•
ATTORNEYS AT LAW
ORANGE C
NTY

6

Complaint
Demand for Jury Trial

23.

The fame and quality of the products and services bearing the
ENTREPRENEUR Mark have been widely recognized through industry
awards
and commendations. ENTREPRENEUR magazine was a finalist in two
categories in Folio’s 2010 Eddie & Ozzie magazine awards, has been named

one

of the top performing magazines for four years in “Capell’s Circulation
Report,”
and has been honored for its content by receipt of the prestigious Maggie
awards
in both 2009 and 2010 from the Western Publishing Association. EMI’s
website
at entrepreneur. corn has been awarded “Outstanding Achievement in Web
Development” by the Web Marketing Association, and its Entrepreneur
Connect
was voted the #1 “Top 10 Social Networks for Entrepreneurs” by Mashable.com
.
EMI has also received multiple Integrated Marketing Awards from Mm
Online
for its magazine and website. In addition, both ENTREPRENEUR® magaz
ine
and the entrepreneur.corn website have been named to BtoB magazine’s
2010 and
2011 lists of the top 50 media outlets for business-to-business advertising.
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EMI’s Trademark Rights
24.

EMI owns, and has obtained United States federal registrations for,
the ENTREPRENEUR® Mark, as well as a family of related marks incorp
orating
the term ENTREPRENEUR, as follows:
TRADEMARK
ENTREPRENEUR

CLASS: GOODS/SERVICES
16: Paper goods and printed matter; namely magazines,
books and published reports pertaining to business
opportunities

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REG. NO.
REG. DATE
1,453,968
August25, 1987
First Use in
Commerce:

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May 2, 1978

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L AT H A M WAT K IN S
ATTORNEYS Al LAW
ORANGE C
NYY

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Complaint
Demand for Jury Trial

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ENTREPRENEUR

2
3
4

•

5
6

ENTREPRENEUR

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35: Advertising and business services, namely, arranging
for the promotion of the goods and services of others by
means of a global computer network and other computer
online services providers; providing business information
for the use of customers in the field of starting and operating
small businesses and permitting customers to obtain
information via a global computer network and other
computer online service providers and; web advertising
services, namely, providing active links to the websites of
others
35: Arranging and conducting trade show exhibitions in the
field of entrepreneurial activities, namely the start-up and
operation of small business enterprises
.

41: Educational services, namely, conducting seminars on
the development and operation of businesses, and
conducting work shops on computer technology,
telecommunications, marketing, financing options, real
estate management, tax planning and insurance
.

.

.

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ENTREPRENEUR.COM

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2,263,883
JI 27 1999
First Use in
Commerce:
Jul 1992

2,502,032
October 30, 2001
First Use in
Commerce:

.

.

9: Downloadable podcasts in the field of business, current
events, lifestyle issues, and developments in science and
technology

Oct. 18, 1991

3,519,022
October21, 2008

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35: Providmg busmess information and advice via a web
site on a global computer network

First Use in
Commerce:

14

38: Broadcasting programs via a global computer network;
and streaming of audio and video material via the Internet;
telecommunications services, namely, transmission of
podcasts

Sept. 2002

.

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ENTREPRENEUR
CONNECT

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42: Online business networking services in the nature of
creating and hosting a community for registered users to
create professional profiles, to participate in group
discussions, to make business contacts, and to upload onto
the website materials promoting their businesses, products
and services

3,652,950
Jul 14 2009
First Use in
Commerce:
April 26, 2008

ENTREPRENEUR
ENESPANOL.COM

35: Advertising and business services, namely, arranging
for the promotion of goods and services of others by means
of a global computer network and other computer online
service providers; providing business information for the use
of customers in the field of starting and operating businesses
and permitting customers to obtain information via a global
computer network and other computer online service
providers; internet advertising services, namely, promoting
the goods and services of others by providing a web site
with active links to their websites featuring their goods and
services

3,266,532
U

y 17 2007

First Use in
Commerce:
Oct 13 2006

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L AT H A M WAT K INS”
ATTORNEYS A LAW
ORANGE C
NTY

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Complaint
Demand for Jury Trial

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ENTREPRENEUR.
PRESS

2
3
4

5

7
8

10

ENTREPRENEUR’S
STARTUPS

16: Paper goods and printed matter; namely, magazines,
books, booklets and published reports pertaining to business
opportunities

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15

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.38: Providing online facilities for real-time interaction
between website visitors concerning topics of general
interest to entrepreneurs, new and existing businesses and
members of the general public
42: Providing website visitors with online nondownloadable software applications in the field of business
planning and productivity for bookmarking, filing and
tabbing articles found on websites for quicker retrieval, for
creating text documents, spreadsheets and presentations, for
customizing business forms and templates, for selecting and
downloading a selection of business books, for scheduling
event deadlines and appointments with email reminders, and
for assisting in the creation of business plans

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First Use in
.C.mmerce:
April 1fl

3,204,899
February 6, 2007

Jan. 27, 2006
ENTREPRENEUR
ASSIST

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July 22, 2008

First Use in
C.mmerce:

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3,470,064

35: On-line ordering services featuring printed and
electronically downloadable publications, namely, books,
study guides, legal and business forms, and newsletters,
concerning advice and information relating to the subjects of
starting, running and operating a business and individuals
who succeeded in business, which subjects are of interest to
entrepreneurs, new and existing businesses and members of
the general public.

6

9

16: Paper goods and printed matter, namely, books,
manuals, prepared reports, work books, study guides, legal
and business forms, and newsletters concerning advice and
information relating to the subjects of starting, running and
operating a business, and individuals who succeeded in
business, which subjects are of interest to entrepreneurs,
new and existing businesses and members of the general
public

3,fl4,374
March 1, 2011
First Use in
C.mmerce:
June 15, 207

25.

The above marks are collectively referred to as the “EMI Marks.”
The above registrations are collectively referred to as the “EMI Regi
strations.”
26.

EMI’s registration numbers 1,453,968, 2,263,883, and 2,502,032
for
ENTREPRENEUR® are incontestable pursuant to 15 U.S.C. 1065.

§

27.

The EMI Registrations constitute prima facie evidence that the
marks
are valid and that EMI is entitled to the exclusive use of the marks in
commerce
.

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throughout the United States on the goods and services listed in the
registrations.
28. EMI also has extensive common law rights in the

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ENTREPRENEUR® Mark, based on its use of that mark over the last
three

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LATH AM WAT K IN 5
ATTORNEYS AT LAW
ORANGE C
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Complaint
Demand for Jury Trial

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2

decades.
29.

Through extensive use, marketing, branding and promotion, the
ENTREPRENEUR Mark is well-known and famous, enjoying substantial
recognition, goodwill and association with EMI. The public distinguishes EMI’s
goods and services from those of other publishers and providers of educational

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services on the basis of the ENTREPRENEUR Mark. The ENTREPRENEUR®
Mark is distinctive and has acquired secondary meaning in the United States.
.

The U.S. District Court for the Central District of California held that:

•
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30.

“The extensive advertising and public recognition over the past 25

years have established [the ENTREPRENEUR® Mark] as a strong mark in the
industry.”
•

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The ENTREPRENEUR® Mark “is a strong distinctive mark,
deserving of sigrnficant protection.”
•

The ENTREPRENEUR® Mark “has acquired secondary meaning.”
Entrepreneur Media, Inc. v. Smith, No. CV 98-3607 FMC (CTx), 2004 U.S. Dist.
LEXIS 24078, at *9..lo, 13 (C.D. Cal. June 23, 2004).
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31.

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The Ninth Circuit reviewed the District Court’s findings and
affirmed them on appeal. Entrepreneur Media, Inc. v. Smith, 101 Fed. Appx. 212,
2004 U.S. App. LEXIS 11567 (9th Cir. 2004).
Defendants and Their Unauthorized Use of the EMI Marks
32.

Defendants market and sell business-oriented publications specific to

cities across the country, including the San Francisco Business Times, the Silicon
Valley/San Jose Business Journal, the Washington Business Journal, and the
Atlanta Business Journal. Defendants also offer companion websites for each of
its journals, as well as online-only content for other cities like Los Angeles.

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33.
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.

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Defendants also offer a journal in Austin, Texas, the Austin Business

Journal, and a companion website. In or about April 2010, Defendants launched a

LATHAM’WATKINS”
ATTORNEYS A LAW
ORANGE C
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new website entitled “ABJ Entrepreneur” (the “ABJ Mark”) located at
abjentrepreneur. corn, which Defendants describe as “a weekly look at the
entrepreneurship scene of Central Texas.”
34.

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The banner at the top of the website appears as follows:

b

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ENTREPRENEUR
II

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A RESOURCE FOR ANYONE STARTING
OR RUNNING A BUSINESS

And the site contains additional logos that appear as follows:

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abi

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abi

K NT K E PR K NE. IJ R

J

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E%TREPRFN FUR

J

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35.

Defendants filed a federal trademark application on October 28,

2010, for the mark “ABJ ENTREPRENEUR” (Serial No. 76/705112) in Class 35
for “providing business information via the Internet,” claiming a first use in
commerce date of April 2010 (the “ABJ Application”). EMI has filed an
opposition to this application concurrently with the filing of this Complaint (the
“Opposition”).
36.

Given EMI’s co-branding efforts with other reputable news

providers, EMI is very concerned that consumers will be confused into believing
that EMI and Defendants have entered into a co-branding project which combines
Defendants’ Austin Business Journal (ABJ) with EMI’s ENTREPRENEUR®
Magazine content. This potential for confusion is heightened by Defendants’
choice of red as the primary color for its website and logo, which is the same

LATHAMEWATKI NS”’
ATTORNEYS AT LAW
ORANGE C
NTV

11

Complaint
Demand for Jury Trial

1

color used by EMI for its logo stylization. Defendants will thus enjoy the benefit
s
of EMI’s reputation and goodwill based on this consumer confusion, to EMI’s

3

detriment.
37.

On December 15, 2010, EMI sent a letter to Defendants notifying
them of EMI’s concerns regarding the ABJ Mark, and attempted a business-tobusiness resolution of this issue. Defendants ultimately refused to change their
trademark, forcing EMI to file this lawsuit to protect its rights.
Continuing Infringement and Unlawful Conduct
38. Defendants’ continued use of the ABJ Mark in commerce in
violation of EMI’s valuable intellectual property rights in the EMI Marks is

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knowing, intentional and willful, and is causing damage to EMI.
39. Due to Defendants’ willful continuing infringement and unlawful

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.

.

conduct, EMI is now forced to bring this Complaint to protect its valuable
and
longstanding intellectual property rights. EMI had to retain counsel and incur
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substantial fees and costs (and continues to incur those fees and costs) to defend
this suit and pursue its claims.
.

40.

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Defendants’ activities have caused and will cause irreparable harm to
EMI for which it has no adequate remedy at law, as Defendants’ conduct
.

.

interferes with EMI’s goodwill and customer relationships and will substantially
harm EMI’s reputation as a source of high quality products, as well as dilute
the
substantial value of EMI’s name and trademarks.
.

.

41.

EMI’s interest in protecting its intellectual property rights, and
products and services from customer confusion outweigh any harm to Defend
ants.
The public interest is best served by granting the requested relief to EMI agains
t
Defendants in this cause.

27

FIRST CLAIM FOR RELIEF
Lanham Act Federal Trademark Infringement 15 U.S.C.
-

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1114

LATHAMEWATKNS’
ATTORNEYS A LAw
ORANGE C
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Complaint
4
eman r for I ury na

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42.

EMI incorporates by reference the factual allegations set forth in
Paragraphs 9-41 above.
43.

EMI owns the EMI Marks and the EMI Registrations. The

trademarks reflected in the EMI Registrations are strong and distinctive,
designating EMI as the source of all products and services advertised, marketed,

8

sold or used in connection with the EMI Marks. In particular, the
ENTREPRENEUR Mark has been used for over 30 years, and has been
recognized by a federal district court as a strong and distinctive mark.
.

44.

10

EMI is the senior user of the EMI Marks, as it began use of the
marks in interstate commerce prior to Defendants’ first use of the ABJ Mark.
45.

13

17
18

21

Defendants do not have authorization, license or permission from
EMI to market and sell their website services under the EMI Marks or the
ENTREPRENEUR® Mark, which are confusingly similar to the ABJ Mark and
closely related to the particular products and services with which the EMI Marks
and the ENTREPRENEUR® Mark have come to be associated.
46. Defendants were aware of the EMI Marks and the
ENTREPRENEUR® Mark, as Defendants were on constru
ctive notice based on
EMI’ s longstanding federal registrations, and were put on actual notice at least as
early as December 15, 2010, the date of EMI ‘ s letter to Defendants.
47. On information and belief, Defendants’ use of the ABJ Mark was
intended to confuse consumers into believing that Defendants’ website was
related to or authorized by EMI. Thus, Defendants’ unauthorized use of the ABJ
Mark was, and continues to be, knowing, intentional and willful.
48.

25
26

On information and belief, Defendants’ use of the ABJ Mark is likely
to cause confusion or mistake, or to deceive as to source, origin, affiliation or
.

.

.

.

As a direct and proximate result of Defendants’ wrongful conduct,

LATHAMeWATKINS
PTTORNEYS AT LAW
ORANGE C
NTY

.

sponsorship of Defendants’ website.
49.

28

.

1

Complaint
D eman d for T ury na

1

EMI has been and will continue to be damaged.
50.

Defendants’ actions thus constitute trademark infringement.

51.

Unless an injunction is issued enjoining any continuing or future use

of the ABJ Mark by Defendants, such continuing or future use is likely to
continue to cause confusion, mistake or to deceive as to source, origin, affiliation

5

.

.

.

or sponsorship, and thereby to damage EMI irreparably.
52.

Defendants’ activities have caused and will cause irreparable harm to
EMI for which it has no adequate remedy at law, in that (i) the EMI Marks and
the ENTREPRENEUR® Mark comprise unique and valuable property rights that
have no readily determinable market value; (ii) Defendants’ infringement
constitutes an interference with EMI’s goodwill and customer relationships and
will substantially harm EMI’s reputation as a source of high quality goods and
14

15

16
17

20

services; and (iii) Defendants’ wrongful conduct, and the damages resulting to
EMI, are continuing. Accordingly, EMI is entitled to injunctive relief pursuant to
.

15 U.S.C.

§

.

.

.

1116(a).

53.

Pursuant to 15 U.S.C. § 1117(a), EMI is entitled to an order:
(a) requiring Defendants to account to EMI for any and all profits derived by
Defendants from their actions, to be increased in accordance with the applicable
provisions of law; and (b) awarding all damages sustained by EMI caused by
Defendants’ conduct.

21

54.

Defendants’ conduct was intentional and without foundation in law,

and pursuant to 15 U.S.C.

23

.

§

1117(a), EMI is as a result entitled to an award of
treble damages against Defendants.
55.

26

§

Defendants’ acts make this an exceptional case under 15 U.S.C.
1117(a), and EMI is thus entitled to an award of attorneys’ fees and costs.
SECOND CLAIM FOR RELIEF
Lanham Act Unfair Competition and False Designation of Origin
-

28
LATHAMEWATKINS
ATTORNEYS AT LAW
ORANGE C
NTY

1 4

-

Complaint
eman ,l

êor T
ury 1’
irla

1
2
3

15 U.S.C.

1125(a)

56.

EM! incorporates by reference the factual allegations set forth in
Paragraphs 9-41 above.
57.

The EM! Marks, and in particular the ENTREPRENEUR® Mark, are
strong and distinctive, designating EMI as the source of all goods and services
advertised, marketed, sold or used in connection with those marks. In addition,
by virtue of EMI’s decades-long use of the ENTREPRENEUR® Mark in

10
11

13
14
15

connection with its products and services, and its extensive marketing,
advertising, promotion and sale of its products and services under that mark, the
EMI Marks, and in particular the ENTREPRENEUR® Mark, have acquired
secondary meaning, whereby the consuming public of this District, the State of
Texas and throughout the United States, associates the EM! Marks with a single
source of products and/or services.
58.

EM! is the senior user of the EM! Marks, as it began use of the
marks in interstate commerce prior to Defendants’ first use of the ABJ Mark.
59.

17
18

Defendants were aware of the EMI Marks and the
ENTREPRENEUR Mark, as Defendants were on constructive notice based on
EMI’s longstanding federal registrations, and were put on actual notice at least
as
early as December 15, 2010, the date of EM!’ s letter to Defendants.
60.

22

24

On information and belief, through their use of the confusingly
similar ABJ Mark, Defendants intended to, and did in fact, confuse and mislead
consumers, and did misrepresent and create the false impression that EM!
somehow authorized, originated, sponsored, approved, licensed or participated

in

Defendants’ use of the confusingly similar ABJ Mark.
.

25

61.
26
27
28

.

In fact, there is no connection, association or licensing relationship
.

.

.

.

.

between EMI and Defendants, nor has EMI ever authorized, licensed or given
permission to Defendants to use the EM! Marks in any manner whatsoever.

LATHAM&WATK(NS”’
ATtoRNEYs AT LAW

15

Complaint
Demand for Jury Trial

1

62.

On information and belief, Defendants’ use of the ABJ Mark is likely
to cause confusion as to the origin and authenticity of Defendants’ website
and
related products/services and is likely to cause others to believe that there is
a
relationship between Defendants and EMI.
63.

As a direct and proximate result of Defendants’ wrongful conduct,
EMI has been and will continue to be damaged.
64.

Defendants’ actions thus constitute false designation of origin and
unfair competition.

8

65.

Defendants’ activities have caused and will cause irreparable harm to
EMI for which it has no adequate remedy at law, in that (i) the EMI Marks
and
the ENTREPRENEUR® Mark comprise unique and valuable property rights
that
have no readily determinable market value; (ii) Defendants’ infringement
constitutes an interference with EMI’s goodwill and customer relationships
and
will substantially harm EMI’s reputation as a source of high quality goods
and
services; and (iii) Defendants’ wrongful conduct, and the damages resulti
ng to
EMI, are continuing. Accordingly, EMI is entitled to injunctive relief pursua
nt to
U.S.C. § 1116(a).

14

.

17

18

22
23
24
25

66.

Pursuant to 15 U.S.C. §1117(a), EMI is entitled to an order:
(a) requiring Defendants to account to EMI for any and all profits derived
by
Defendants from their actions, to be increased in accordance with the
applicable
provisions of law; and (b) awarding all damages sustained by EMI caused
by
Defendants’ conduct.
67.

Defendants’ conduct was intentional and without foundation in law,
and pursuant to 15 U.S.C. § 1117(a), EMI is as a result entitled to an award
of
treble damages against Defendants.
68.

28

§

Defendants’ acts make this an exceptional case under 15 U.S.C.
1117(a), and EMI is thus entitled to an award of attorneys’ fees and costs.

LATHAMAWATKNSr
ATTORNETS AT LAW
ORANGE C
NTY

j

I

Complaint

eman ,l for T ury Tna

2

THIRD CLAIM FOR RELIEF
Unfair Competition California Business & Professions Code
17200 et seq.
69. EMI incorporates by reference the factual allegations set forth in
Paragraphs 9-41 above.
-

70.

The above-described acts and practices by Defendants are likely to
confuse, mislead or deceive the general public and therefore constitute unfair
and
fraudulent business practices in violation of California Business & Professions
Code § 17200, etseq.
71.

10
11
12

14

The above-described acts further constitute business acts that violate
Sections 32 and 43 of the Lanham Act, 15 U.S.C.
§ 1114 and 1125(a) and are
therefore unlawful.
72.

The unfair, unlawful, and fraudulent business practices of
Defendants described above present a continuing threat and are meant to deceiv
e
members of the public.
73.

As a direct and proximate result of Defendants’ wrongful conduct,
EMI has been injured in fact and has lost money and profits, and has suffere
d
injury to its reputation and goodwill. Such harm will continue unless Defend
ants’
acts are enjoined by the Court. EMI has no adequate remedy at law.
20
21

23

Accordingly, EMI is entitled to an injunction prohibiting Defendants from
continuing the practices described above.
FOURTH CLAIM FOR RELIEF
Common Law Trademark Infringement
74.

EMI incorporates by reference the factual allegations set forth in
Paragraphs 9-41 above.
75.
76.

27
28

77.

EMI has valid and protectable common law rights in the EMI Marks.
EMI is the senior user of the EMI Marks.
Defendants’ conduct, as described above, constitutes infringement of

LATI-IAMoWATKINS”
ATTORNEYS Ar LAW
ORANGE COUNTY

I ‘7

Complaint
A
emanu c ury -J
Lor T
aria

EMI’s common law rights in the EMI Marks.
78.

Defendants’ use of the EM! Marks on unauthorized services is likely
to cause confusion as to the origin of Defendants’ services and is likely to cause

6
7
8

10
11
12
13

others to believe that there is a relationship between Defendants and EM!.
79. Defendants’ wrongful acts have permitted and will permit them to
receive substantial profits based upon the strength of the reputation of EM!
and
the substantial goodwill it has built up in the EMI Marks.
.

80.

As a direct and proximate result of Defendants’ wrongful conduct,
EM! has been and will continue to be damaged.
81.

Unless an injunction is issued enjoining any continuing or future use
of the EMI Mark, such continuing or future use is likely to continue to cause
.

confusion and thereby to damage EM! irreparably. EM! has no adequate
remedy
at law.
FIFTH CLAIM FOR RELIEF

15
16

18

.

Common Law Unfair Competition
82.

EM! incorporates by reference the factual allegations set forth in
Paragraphs 9-41 above.
83.

.

.

EM! has expended significant time and expense in developing the
EM! Marks and the high-quality products and services it markets and sells under
those marks. The EMI Marks have been very successful and have develo
ped a
substantial reputation and goodwill in the marketplace.
84.

23
24

26
27
28

Through their actions as described above, Defendants have
misappropriated EMI’s efforts and are exploiting the EM! Marks and EMI’s
.

reputation to market and sell its products and services under the ABJ Mark.
These actions constitute unfair competition.
85.

.

As a direct and proximate result of Defendants’ wrongful conduct,
EM! has been and will continue to be damaged.

LATHAMeWATKINS”
AItORNEYSAt LAW

18

Complaint
Demand for Jury Trial

1

3

86.

Unless an injunction is issued enjoining Defendants’ unfairly
competitive conduct, EMI will continue to be damaged irreparably. EMI has
no
adequate remedy at law.
87.

6

8

On information and belief, Defendants have acted willfully,
intentionally and maliciously, such that EMI is entitled to punitive damages.
SIXTH CLAIM FOR RELIEF
Declaratory Relief
1.

EMI incorporates by reference the factual allegations set forth in
Paragraphs 9-41 above.
2.

An actual and justiciable controversy has arisen and now exists
between EMI and Defendants, in that EMI contends that (a) Defendants’ use
of
the ABJ Mark constitutes trademark infringement, false designation of origin,
and
unfair competition under the Lanham Act and state law, and (b) the ABJ Mark
should not be registered by the Patent and Trademark Office. Defendants
contend
that their mark is not infringing, and that the ABJ Application should be accept
ed
by the Patent and Trademark Office and a registration issued.
3.

EMI desires ajudicial determination and declaration of Defendants’
rights with respect to the ABJ Mark and the ABJ Application.
4.

A judicial determination is necessary and appropriate at this time
under the circumstances to provide a complete and final adjudication of all
of the

23
24

28

issues in this action, in the interests ofjudicial efficiency and finality, and to
ensure consistency in the rulings of this Court and the Patent and Trademark
Office.
5.

EMI therefore requests a judicial declaration that (a) the ABJ Mark
infringes the EMI Marks, and creates a false designation of origin; (b) Defend
ants
are unfairly competing with EMI; (c) the Patent and Trademark Office is ordere
d
to sustain the Opposition to the ABJ Mark in favor of EMI and against

LATHAMWATKINS”
ATTORNEYS AT LAW
ORANGE C
NTY

1 Cl

Complaint
eman ,4 c r .ury aria
o
5i

1

Defendants; and (e) Defendants are prohibited from filing any futur
e applications
for the ABJ Mark or any marks likely to cause confusion with the EMI
Marks.
PRAYER

WHEREFORE, EMI prays for the following relief:
A.
An injunction ordering that Defendants, their officers, agents,
6
servants, employees, and attorneys, and all other persons who are in activ
e concert
or participation with them, who receive actual notice of the injunction
order by
8
personal or other service:
(1) cease all use and never use the ABJ Mark, the EM! Marks, or
any
other mark likely to cause confusion with the EMI Marks, in connectio
n with the
11
promotion, advertising, offering for sale, or sale, of any products or
services;
(2) never use any false designation of origin, false representation,
or
any false or misleading description of fact, that can, or is likely to, lead
the
consuming public or individual members thereof, to believe that any
products or
15
services produced, offered, promoted, marketed, advertised, provided
or sold by
16
Defendants are in any manner associated or connected with EM!,
or are licensed,
approved or authorized in any way by EM!;
18
(3) never represent, suggest in any fashion to any third party, or
perform any act that may give rise to the belief that Defendants, or any
of their
goods or services, are related to, authorized or sponsored by EM!;
10

.

.

.

22

25

28

(4) cease all use of the domain name abjentrepreneur.com and
any
similar domain names, and never register any domain names that cont
ain any of
the EIV11 Marks, or any domain names confusingly similar to the EIV11
Marks;
.

.

(5) never unfairly compete with EMI in any manner whatsoever,
or
engage in any unfair, fraudulent or deceptive business practices that
relate in any
way to the production, distribution, marketing, and/or sale of products
and services
bearing the EM! Marks;
.

.

.

LATHAMeWATKNS
ATTORNEYS AT LAW

20

Complaint
Demand for Jury Trial

1

(6) withdraw all pending federal and state trademark appl
ications for
the ABJ Mark, and never apply for or seek to register any
mark that is likely to
cause confusion with the EMI Marks.
B.
An order pursuant to 15 U.S.C. § 1116(a) directing Defendan
ts to file
with this Court and to serve upon EMI’s counsel, within thirt
y (30) days after the
entry and service on Defendants of an injunction, a report in
writing and under oath
setting forth in detail the manner and form in which Defendan
ts have complied
8
with the injunction.
C.

13
14
15

An order transferring to EMI the domain name abjentrepr
eneur.com
and any other domain names Defendants own that include
“entrepreneur” or are
otherwise confusingly similar to the EMI Marks.
D.
An order finding that, by the acts complained of above,
Defendants
have infringed EMI’ s federally registered trademarks in viola
tion of 15 U.S.C.
§ 1114.
E.

An order finding that, by the acts complained of above,
Defendants
have created a false designation of origin and/or a false repre
sentation of
association, in violation of 15 U.S.C. 1125(a).
§
18
F.
An order finding that, by the acts complained of above, Defe
ndants
have engaged in unfair competition and acts of unfair and
deceptive business
practices in violation of California Business & Professions
Code § § 17200 et seq.
G.
An order finding that, by the acts complained of above,
Defendants
22
have engaged in common law trademark infringement.
17

.

.

.

19

.

.

..

.

.

H.

24

An order finding that, by the acts complained of above,
Defendants
have engaged in common law unfair competition.
.

I.

26

28

An order declaring that (a) the ABJ Mark infringes the
EMI

Marks,
and creates a false designation of origin; (b) Defendants
are unfairly competing
with EMI; (c) the Patent and Trademark Office is ordered
to sustain the Opposition

LATHAMeWATKNS”
ATT:RNEYS AT LAW

21

Complaint

Demand for Jury Trial

1

to the ABJ Mark in favor of EM! and against Defendants; and (e) Defe
ndants are
prohibited from filing any future applications for the ABJ Mark or any
marks
likely to cause confusion with the EMI Marks.
J.

6
7
8

An order pursuant to 15 U.S.C.

§

1117(a) compelling Defendants to

account to EM! for any and all profits derived from their unlawful and
infringing
conduct.
K.

An order awarding EM! damages as follows:
(1) pursuant to 15 U.S.C. § 1117(a), EMI’s actual damages, as well
as
all of Defendants’ profits or gains of any kind from their acts of trade
mark

11

infringement, false designation of origin, and unfair competition, inclu
ding a
trebling of those damages;

13

(2) punitive damages based on Defendants’ unfair competition
under
California common law.

14
15

L.

An order pursuant to 15 U.S.C.

§

1117(a) finding that this is an

exceptional case and awarding EM! its reasonable attorneys’ fees.
M.
An order awarding EMI all of its costs, disbursements and other
17
expenses incurred due to Defendants’ unlawful conduct, pursuant
to 15 U.S.C.
18
§ 1117(a).
19
N.
An order awarding EM! interest.
20
0.
An order awarding EM! such other relief as the Court may deem
21
appropriate.
22
Dated: May 11, 2011
LATHAM & WATK1NSj1LP
24
25
26

By:_______
Perry J. Viscounty
Jennifer L. Barry
Sean P. McClure
Attorneys for Plaintiff
ENTREPRENEUR MEDIA, INC.

27
28
LATHAMeWATKINS”
ATTORNEYS

A

LAw

22

Complaint
Demand for Jury Trial

2

JURY DEMAND

Pursuant to Rule 38 of the Federal Rules of Civil Procedure and Local
Rule
38-1, Plaintiff demands a trial by jury.
Dated: May 11, 2011

LATHAM & WATKS LLP
By:FV
Perry J. Viscounty
Jennifer L. Barry
Sean P. McClure

7
8

Attorneys for Plaintiff
ENTREPRENEUR MEDIA, INC.

9

10
11
12
13
14
15

16
17
18
19
20
21
22
23
24
25
26
27
28
LATHAMeWATKINS”
ATTORNEYS AT IAW

23

Complaint
Demand for Jury Trial

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
NOTICE OF ASSIGNMENT TO UNITED STATES MAGI
STRATE JUDGE FOR DISCOVERY
This case has been assigned to District Judge James V. Selna
and the assigned
discovery Magistrate Judge is Arthur Nakazato.

The case number on all documents filed with the Court should read
as follows:
SACV11- 722 JVS

(ANx)

Pursuant to General Order 05-07 of the United States District Court
for the Central
District of California, the Magistrate Judge has been designated
to hear discovery related
motions.

All discovery related motions should be noticed on the calend
ar of the Magistrate Judge

NOTICE TO COUNSEL
A copy of this notice must be served with the summons and
complaint on all defendants (if a removal action is
filed, a copy of this notice must be served on all plaintiffs).
Subsequent documents must be filed at the following location:
Western Division
312 N. Spring St., Rm. G-8
Los Angeles, CA 90012

Southern Division
411 West Fourth St., Rm. 1-053
Santa Ma, CA 92701-4516

Eastern Division
3470 Twelfth St., Rm. 134
Riverside, CA 92501

Failure to file at the proper location will result in your docum
ents being returned to you.

CV-18 (03/06)

NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE
FOR DISCOVERY

________
_____

___________
__

Perry J. Viscounty (State Bar No. 132143)
Latham & Watkins LLP
650 Town Center Drive, 20th Floor
Costa Mesa, CA 92626-1925
Telephone: [phone]
Facsimile: [phone]
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
ENTREPRENEUR MEDIA, INC., a California
CASE NUMBER
corporation,
SACV11-722 JVS(ANx)
PLAINTIFF(S)

v.
AMERICAN CITY BUSINESS JOURNALS, INC.,
a Delaware corporation; nd% O &S L—1O,

SUMMONS

DEFENDANT(S).

TO:

DEFENDANT(S):

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it), you
must serve on the plaintiff an answer to the attached ‘complaint 1
amended complaint
D counterclaim D cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer
or motion must be served on the plaintiff’s attorney, Perry J. Viscounty
whose address is
Latham & Watkins LLP, 650 Town Center Drive, 20th Floor, Costa Mesa, CA 92626
If you fail to do so,
judgment by default will be entered against you for the relief demanded in the complaint. You also must file
your answer or motion with the court.
,

.

Clerk, U.S. District Court
Dated:

p

MA1TT
By:
Depu

Ierk

(Seal of the Court)

[Use 60 days f the defendant is the United States or a United States agency, or is an officer or employee of the United States. Allowed
60 days by Rule 12(a)(3)].

CV-OIA (12/07)

SUMMONS

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

(j’ rbi 1

CIVIL COVF,R ShEET

I (a) PLAINTIFFS (Check box if you are representing yourself 0)
ENTREPRENEUR MEDIA, INC. a California Corporation,

W U
DEFENDAN’FS
AMERICAN CITY BUSINESS JOURNALS, INC a Delaware corporation. and
DOtS l-lO

(b) Attorneys (Iirm Name. Address and I’elephone Number If you are representing
yourseli provide same)

Attorneys (If Known

Latharn & Watkins LLP
650 Town Center l)rive, 20th Hoor
Costa Mesa, CA 92626-1235

Tclephone: [phone]

IL BASIS OF JURISDICTION (Place an X in one box only.)
1 U S Government Plaintiff

02 ti S Government Defendant

,

III. CITIZENSHIP OF PRINCIPAL PARTIES For Diversity Cases Only
(Place an x in one box for plaintiff and one for defendant.)
-

3 Federal Question (U.S.
Government Not a Party)

PTF DEF
0 1
0 1

Citizen of This Slate

04 Diversity (Indicate Citizenship Citizen of Another State
of Parties in Item Ill)

Incorporated or Principal Place
of Business in this State

PTF DEF
04 0 4

02

02

Incorporated and Pr ncipal Place 0 5
of Business in Another State

05

Citizen or Subject of a Foreign Country 0 3

03

Foreign Nation

06

06

IV. ORIGIN (Place an X in one box only)
WI Original
Proceeding

0 2 Removed from
State Court

V. REQUESTED IN COMPLAINT

3 Remanded from
Appellate Court

0 4 Reinstated or
Reopened

.11 RY DEMAND: WYes

CLASS ACTION under F.R.C.P. 23: 0 Yes

0 5 Transferred from another district (specify):

0 6 Multi0 7 Appeal to District
District
Judge from
Litigation
Magistrate Judge

0 No (Check ‘Yes’ only if demanded in complaint.)

WN0

g’MONEY DEMANDED IN COMPLAINT: S_______________________
VI. CAUSE OF ACTION (Cite the U S Civil Statute under which you are filing and write a brief statement of
cause. Do not cite jurisdictional statutes unless diversity
Lanham Act, IS U.S.C. 1114, 1 I 25(a); Trademark infringement, false designation of origin, unfair competition,
declaratory judgment
VII. NATURE OF SUIT (Place an X in one box only.)
OTHER STATUTES
CONTRACT
0 400 State Reapportionment 0 110 Insurance
0 410 Antitrust
0 120 Marine
0 430 Banks and Banking
0 130 Miller Act
0 450 Commerce/iCC
0 140 Negotiable Instrument
Rates/etc
0 ISO Recovery of
0 460 Deportation
Overpayment &
0 470 Racketeer Influenced
Enforcement of
and Corrupt
Judgment
Organizations
0 151 Medicare Act
0 480 Consumer Credit
0 152 Recovery of Defaulted
0 490 Cable/Sat TV
Student Loan (ExcI.
0 810 Selective Service
Veterans)
0 850 SecuritiesfCommodities/ 0 153 Recovery of
Exchange
Overpayment of
0 875 Customer Challenge 12
Veteran’s Benefits
USC 3410
0 160 Stockholders’ Suits
0 890 Other Statutory Actions 0 190 Other Contract
0 891 Agricultural Act
0 195 Contract Product
0 892 Economic Stabilization
Liability
Act
0 196 Franchise
0 893 Environmental Matters
REAL PROPERTY
0 894 Energy Allocation Act 0 210 Land Condemnation
0 895 Freedom of Info. Act
0 220 Foreclosure
0 900 Appeal of Fee Determi- 0 230 Rent Lease & Ejectment
nation Under Equal
240 Torts to Land
Access to Justice
0 245 Tort Product Liability
0 950 Constitutionality of
0 290 All Other Real Property
State Statutes

FOR OFFICE USE ONLY:

Case Number:

TORTS
PERSONAL INJURY
0 310 Airplane
0315 Airplane Product
Liability
0 320 Assauli, Libel &
Slander
0 3O f-ed Employers
Liability
0 ,i40 Marine
0 345 Marine Product
0 350 otor Vehicle
0 355 Motor Vehicle
Product Liability
0 360 Oiher Personal
Injury
0 362 Personal Inju’Med Malpractice
o 365 Personal InjuryProduct Liability
0 368 Asbestos Personal
Injury Product
Liability
IMMIGRATION
0 462 Naturalization
Application
0 463 Habeas CorpusAlien Detainee
0 465 Other Immigration
Actions

TORTS
PRISONER
PERSONAL
PETITIONS
PROPERTY
0 510 Motions to
0 370 Other Fraud
Vacate Sentence
0 371 Truth in Lending
Habeas Corpus
0 380 Other Personal
0 530 General
Property Damage 0 535 Death Penalty
0 385 Property Damage 0 540 Mandamus/
Product Liability
Other
BANKRUPTCY
0 550 Civil Rights
0 422 Appeal 28 IJSC 0 555 Prison Condition
158
FORFEITURE I
0 423 Withdrawal 28
PENALTY
USC 157
0 610 Agriculture
CIVIL RIGHTS
0 620 Other Food &
0441 Voting
Drug
0 442 Employment
0 625 Drug Related
0 443 Housing/AccoSeizure of
mmodattons
Property 21 USC
0 444 Welfare
881
0 445 American with
0 630 Liquor Laws
Disabilities
0 640 R.R. & Truck
Employment
0 650 Airline Regs
0 446 American with
0 660 Occupational
Disabilities
Safety /Health
Other
0 690 Other
0 440 Other Civil
Rights
-

-

LABOR
0 710 Fair Labor Standard’,
Act
0 720 Latxir/Mgmt
Relations
0 730 Labor/Mgrnt
Reporting &
Disclosure Act
0 740 Railway Labor Act
790 Other Labor
Litigation
0 791 EmpI Ret Inc
Security Act
PROPER’l’Y RIGHTS
0 820 Copyrights
0830 Patent
840 Trademark
SOCIAL SECURITY
0 86! HIA (l39StT)
0 862 Black- Lung (923)
0 863 DIWC/DIWW
(405(g))
0 864 SSID Title XVI
0 865 RSI (4O5(g))
FEDERAL TAX SUITS
0 870 Taxes (U S Plaintiff
or Defendant)
0 871 IRS-Third Party 26
USC 7609

SAC Vi 1-722 JVS(ANx)

AFTER COMPLETING THE FRONT SIDE OF FORM CV-7I, COMPLETE THE INFORMAT
ION REQUESTFD BELOW.
CV-7 1(05/08)

CIVIL COVER S BEET

Page I of2

\Vf
U

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL (‘Os ER ShEET

Vu(s). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded
or closed “No
9
Ifycs, list case number(s)
VlII(b). RELATED CASES: Have any cases been previously tiled in this court that arc related to
the present case? ‘No
If yes, list case number(s).

Yes

Yes

Civil cases are deemed related if a previously filed case and the present case:
(Check all boxes that apply) 0 A. Arise from the same or closely related transactions, happenings, or events,
or
D B. Call for determination of the same or substantially related or similar questions of law and fact or
DC. For other reasons would entail substantial duplication of labor if heard by different judges. or
0 D. Involve the same patent, trademark or copyright, and one of the factors identified above in a. b or c also is
present
IX. VENUE: (When completing the following information, use an additional sheet if necessary)
List the County in this District; California County outside of this District. State if other than California,
or Foreign Country, in which EACH named plaintiff resides
Check here if the government, its agencies or employees is a named plaintiff If this box is checked, go to
item (b)
County in this Distnct.*
California County outside of this Distnct, Staie, if other than California, or Foreign Country
Orange County

(a)
0

(b) List the County in this District; California County outside of this District; State if other than California, or Foreign
Country. in which EACH named defendant resides
0 Check here if the government, its agencies or employees is a named defendant. If this box is checked, go to item
(c).
County in this District

*

California County outside of this District, Stale, if other than California, or Foreign Counts)
State of North Carolina

(c)

[.ist the County in this District; California County outside of this District; State if other than California: or Foreign
Country, in which EACH claim arose.
Note: In land condemnation cases, use the location of the tract of land involved.

County in this Distnct

*

California County outside of this Distnct, State, ifother than California. or Foreign Country

Orange County

*
Los Angeles, Orange, San Bernardino, Riverside, Ventura, Santa Barbara, or S
Note: In land condemnation cases. use the location of the tract of land involved

X. SIGNA’fUREOFATTORNEY(ORPROPER):

Luis Obis ‘o Counties
Date May 11.2011

.

Notice to Counsel/Parties: The CV-7 I (JS-44) Civil Cover Sheet and the information contained herein neither
replace nor supplement the tiling and service of pleadings
or other papers as required by law This form, approved by the Judicial Conference of the United States in September
1974, is required pursuant to Local Rule 3-I is not filed
but us used by the Clerk of the Court for the purpose of statistics, venue and initiating the civil docket sheet. (For more detailed
instructions, see separate instructions sheet)
Key to Statistical codes relating to Social Securit) Cases:
Nature of Suit Code

Substantive Statement of Cause of Action

861

HIA

All claims for health insurance benefits (Medicare) under Title 18. Part A, of the Social Sectirity Act,
as amended
Also, include claims by hospitals, skilled nursing facilities. etc. for certification as providers of services
under the
program. (42 U.S.C. 1935FF(b))

862

BL

All claims for “Black Lung” benefits tinder Title 4, Part B, of the Federal Coal Mine Health and Safety
Act of 1969
(30 U S C 923)

863

l)IWC

All claims filed by insured workers for disability insurance benefits under l’utle 2 of the Social Security
Act, as
amended, plus all claims filed for child’s insurance benefits based on disabilits (42 I.) S C 405(g))

863

DIWW

All claims filed for widows or widowers insurance benefits based on disability under Title 2 of the
Social Security
Act, as amended. (42 U.S C 405(g))

864

SSID

All claims for supplemental security income payments based upon disability filed under Title 16 of
the Social Security
Act, as amended.

865

CV-71 (05/08)

Abbreviation

RSI

All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act, as
amended (42
U.S.C. (g))

CIVIL. COVER SHEET

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