Menard et al v. Beatmunk, LLC

Filing 1

COMPLAINT for Declaratory and Related Equitable Relief against Beatmunk, LLC ( Filing fee $ 350, receipt number 34611072136). DEMAND FOR JURY TRIAL. Filed byDavid Menard, Donovan Boyle, Shamele55. (far, COURT STAFF) (Filed on 3/26/2012) (Additional attachment(s) added on 3/26/2012: # 1 Civil Cover Sheet) (far, COURT STAFF).

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1 YANO L. RUBINSTEIN (State Bar No. 214277)
PHILLIP SELTZER (State Bar No. 267738)
2 RUBINSTEIN LAW
660 Fourth Street, #302
3 San Francisco, California 94107
Telephone: 41S-967-1970
4 Facsimile: 41S-236-6409
[e-mail]
S [e-mail]
6 Attorneys for Plaintiffs
DAVID MENARD, DONOVAN BOYLE, and SHAMELESS
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E-f\\\ng

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISClf'V:SIONl

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DAVID MENARD, an individual;
DONOVAN BOYLE, an individual; and
SHAMELESS, a California general
partnership,
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Plaintiffs,
v.
BEATMUNK, LLC, a Texas limited liability
company,
Defendant.

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COMPLAINT

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Case No.

COMPLAINT FOR DECLA
AND RELATED EQUITAB
RELIEF
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DEMAND FOR JURY T

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Plaintiffs hereby allege as follows:

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PARTIES
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1.

Plaintiff David Menard (hereafter "Menard") is an individual residing in this j dicial

district in Millbrae, California, and a citizen of the state of California.
2.

Plaintiff Donovan Boyle (hereafter "Boyle") is an individual residing in this ju icial
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district in San Bruno, California, and a citizen of the state of California.
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Plaintiff ShameleSS (hereafter "ShameleSS") is a California general partnershi ,

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consisting of Plaintiffs Menard and Boyle as its two general partners, and is located in t '.is

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judicial district. Menard, Boyle and ShameleSS are hereafter collectively and severally ,eferred
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to as "Plaintiffs."
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Plaintiffs are informed and believe that Defendant Beatmunk, LLC (hereafter

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"Defendant") is a Texas limited liability company located in Austin, Texas, and doing b' siness in

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this judicial district and elsewhere.

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JURISDICTION
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This is an action for declaratory reliefunder 28 U.S.C. § 2201, and the Court h s

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subject matter jurisdiction over the claims herein for declaratory and related equitable re, ief

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arising under and relating to the Copyright Act, I7 U.S.C. § I 01 et seq., and the Lanhami Act, I 5
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U.S.C. § 10S1 et seq. pursuant to 28 U.S.C. §§ 1331 and I338.

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VENUE
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Pursuant to 28 U.S.C. § 139l(b)(2), venue is proper in this Court because a sub tantial

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part of the events or omissions giving rise to the claims alleged herein occurred within t ,·s

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judicial district.
INTRADISTRICT ASSIGNMENT

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Assignment is proper in this division under Civil L.R. 3-2(c) and (d), because a'

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substantial part of the events or omissions giving rise to the claims occurred in the Coun

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of San

Mateo.

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COMPLAINT

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GENERAL ALLEGATIONS

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Plaintiffs have created glasses that have illuminated frames (such glasses inclu ing the

design thereof are hereafter referred to collectively as "Plaintiffs' Illuminated Glasses")~
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Defendant has also created glasses that have illuminated frames (such glasses~ eluding
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the design thereof are hereafter referred to collectively as "Defendant's Illuminated Gla' ses").
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Defendant's attorney in Dallas, Texas has on behalf of Defendant sent to Plain, iffs in
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this judicial district, via first class U.S. mail and email, a cease and desist letter dated F . ruary

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16, 2012 regarding Plaintiffs' Illuminated Glasses, which was received by Plaintiffs in t is

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judicial district. A true and correct copy of the letter and the exhibits sent with and refe' enced in

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it are attached hereto collectively as Exhibit A and incorporated herein as though fully , t forth.

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Plaintiffs deny each and all of the accusations of wrongful conduct on their part contain d in the

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letter.

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In the cease and desist letter (i.e., Exhibit A hereto), Defendant's attorney clai.

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asserts that Defendant's Illuminated Glasses are protected by copyright and that Plainti.

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Illuminated Glasses infringe the copyright in and to Defendant's Illuminated Glasses u

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copyright law. Defendant's attorney enclosed as Exhibit 2 to the letter what he purport, d to be, a

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copy of a copyright registration application for Defendant's Illuminated Glasses that pu ortedly

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was filed by Defendant with the U.S. Copyright Office seeking copyright registration o a work

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entitled "illuminated glasses frames" and naming Defendant as the copyright claimant, , long

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with photographs of Defendant's Illuminated Glasses which appear to have been submi ted to the

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U.S. Copyright Office with the application as the deposit copies of the work sought to

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registered by the application. The date the application was signed and the date it was fi ed with

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the U.S. Copyright Office are unknown to Plaintiffs because those dates were blacked ut and·

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redacted on the copy of the application Defendant's attorney sent to Plaintiffs, as is the ' ate of

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first publication on the application and thus the claimed first date of publication (if any. is also

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unknown to Plaintiffs. Plaintiffs are informed and believe that the U.S. Copyright Offi. e has not

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yet issued a copyright registration to Defendant for Defendant's Illuminated Glasses as result of

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this application or any other copyright registration application that Defendant may hav filed

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COMPLAINT

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with the U.S. Copyright Office.
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In the cease and desist letter (i.e., Exhibit A hereto), Defendant's attorney also

and asserts that Plaintiffs have infringed in violation ofthe Lanham Act certain ofDefe dant's
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trademarks purportedly used by Defendant as trademarks for Defendant's Illuminated G asses,

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namely the word mark ELECTRO SHADES and a mark that Defendant's attorney refer' to in his

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letter as "Illuminated Eyewear Periphery Logo" (hereafter "Defendant's Logo") which

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from Exhibit 5 to the cease and desist letter from Defendant's attorney to be merely a

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photographic depiction of Defendant's Illuminated Glasses themselves. Plaintiffs are i

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and believe that Defendant does not own any U.S. trademark registration, or pending tr ' emark

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registration application, for either of these purported marks Defendant claims to own or I ith
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hereto) that Plaintiffs are infringing Defendant's marks referred to in the preceding para raph by

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selling Plaintiffs' Illuminated Glasses using Defendant's ELECTRO SHADES mark an

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Defendant's Logo at websites located at http://www.electroshades.com and at

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http://www.facebook.com/electroshades, and by registering such domain name and Fac. book

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account and using them to sell Plaintiffs' Illuminated Glasses. Plaintiffs are, however, ,ot selling

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and have not been selling Plaintiffs' Illuminated Glasses, and are not and have not beenioffering

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them for sale, at these websites or elsewhere. Plaintiffs are thus not using in commerce ny of

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Defendant's marks as the term "use in commerce" is defined in the Lanham Act at 15 ,.S.C.§

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1127. Consequently, Plaintiffs are thus not liable under 15 U.S.C. § 1114 and 15 U.S.a § 1125

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because, inter alia, both statutes require "use in commerce" of a confusingly similar m · k or

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designation in order for those statutes to be violated, as is set forth in such statutes.

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respect to any trade dress of Defendant's Illuminated Glasses.
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Defendant's attorney claims and asserts in his cease and desist letter (i.e., Exhi it A
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Defendant's attorney also claims and asserts in his cease and desist letter (i.e.,:

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hereto) that Plaintiffs' registration and use of the domain name elctroshades.com and F 'cebook:

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account at http://www.facebook.com/electroshades violates the U.S. Anticybersquattin

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Consumer Protection Act. Plaintiffs deny that their registration and use of the domain

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electroshades.com and Facebook account at http://www.facebook.com/electroshades vi lates the

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COMPLAINT

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U.S. Anticybersquatting Consumer Protection Act, as more particularly set forth below i

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Complaint.

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At the conclusion of the cease and desist letter at pages 3 and 4, Defendant's a,torney
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warns Plaintiffs that Defendant "aggressively protects its intellectual property rights" an' make$

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11 demands on Plaintiffs including, without limitation, that Plaintiffs cease and desist fr m

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making, selling or promoting any illuminated eyewear "covered by [Defendant] Beatmu

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intellectual property" and that Plaintiffs "destroy any inventory or promotional material ." The

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cease and desist letter also warns Plaintiffs that Defendant is entitled to an injunction ag inst

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Plaintiffs, and is entitled to recover monetary damages and attorney's fees from Plaintif . The

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cease and desist letter, at least implicitly, threatens Plaintiffs that Defendant will sue Pia' ntiffs for

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the matters referred to in the letter, presumably in Texas where Plaintiffs are informed

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believe Defendant is located and where Plaintiffs have no offices, agents or employees

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presence. Plaintiffs are thus in apprehension and fear of being sued by Defendant, and

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consequently bring this action for declaratory relief with respect to the actual and prese

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controversy and dispute that has arisen between Plaintiffs and Defendant.

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FIRST CLAIM FOR RELIEF

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(Declaratory Relief)

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Plaintiffs incorporate and re-allege paragraphs 1 through the immediately prec' ding

paragraph of this Complaint as though fully set forth herein.
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As alleged above, an actual present controversy has arisen between Plaintiffs, i n the
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one hand, and Defendant on the other hand, with regard to their respective illuminated

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and related matters. The claims asserted against Plaintiffs in the cease and desist letter

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Defendant's attorney are federal trademark infringement claims under the federal Lanh m Act,

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and federal copyright infringement claims under the U.S. Copyright Act, each and all o' which

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Plaintiffs deny.
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As alleged above, Defendant claims and contends in the cease and desist lette : to
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Plaintiffs from its attorney attached hereto as Exhibit 1, inter alia, that Defendant's Illu' inated
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COMPLAINT

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Glasses are protectable under U.S. copyright law, and that Plaintiffs' Illuminated Glasse ·infringe

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the copyright in and to Defendant's Illuminated Glasses. Plaintiffs dispute and deny sue· claims

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and contentions by Defendant and to the contrary claim and contend and allege herein th' t

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Defendant's Illuminated Glasses are not protectable under U.S. copyright law, and that :A aintiffs'
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Illuminated Glasses consequently do not infringe any copyright in and to Defendant's Ill! minated

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Glasses since they are not protectable under U.S. copyright law.

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Plaintiffs contend and assert and allege herein that Defendant's Illuminated Gl sses are
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not protectable under U.S. copyright law because, among other things, under 17 U.S.C.

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they are useful articles that do not have any separable features that are copyrightable and entitled

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to copyright protection, and thus they are not entitled to copyright protection under, inte alia, 17

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U.S.C. §§ 101 and 102. Plaintiffs are informed and believe that the U.S. Copyright Offi e denies

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copyright registration applications for eyewear designs and products on this basis. Plain iffs

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further contend and assert in the dispute and controversy with Defendant, and allege her •in on the

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basis of information and belief, that Defendant's Illuminated Glasses are not copyrighta .le and

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are not entitled to copyright protection because they are not wholly original works of au

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by Defendant, as required under 17 U.S.C. § 102 in order to be entitled to copyright pro ction, in

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that, inter alia, the shapes, configurations and designs of the glasses shown in the depos; copy

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photographs of Defendant's Illuminated Glasses that were sent with the cease and desist/ letter are

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not original works of authorship by Defendant.

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Thus, Plaintiffs contend and assert and allege herein that contrary to Defendan's claims

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and contentions, Defendant has and owns no protectable copyright or copyright interest n and to

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Defendant's Illuminated Glasses and that consequently Plaintiffs have not committed c . yright

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infringement under U.S. copyright law as Defendant claims and contends in its attorney s cease

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and desist letter with regard to Plaintiffs' Illuminated Glasses which Plaintiffs have ere ed.

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Alternatively, Plaintiffs assert and contend and allege herein in the alternative that if an

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it is deemed by the Court that there is any separable copyrightable matter in Defendant'

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Illuminated Glasses, which Plaintiffs deny, then in such event Plaintiffs contend and as~ rt that

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Plaintiffs are not guilty of committing copyright infringement because, inter alia, Plain: ffs'
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COMPLAINT

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Illuminated Glasses are not substantially similar to any such separable copyrightable mater in

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Defendant's Illuminated Glasses as may be deemed by the Court to exist so as to constit , e

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copyright infringement under the U.S. Copyright Act.

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Thus, because Defendant's Illuminated Glasses are not entitled to copyright pr

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under U.S. copyright law for the reasons stated above, Defendant's copyright registratio

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application for Defendant's Illuminated Glasses is invalid and should not result in the iss ance of

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a copyright registration of Defendant's Illuminated Glasses issued by the U.S. Copyright! Office

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to Defendant, or to anyone else. Further, Plaintiffs are informed and believe that Defend t's

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copyright registration application for Defendant's Illuminated Glasses was improperly s 'bmitted

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in violation of U.S. Copyright Office regulations and rules pertaining to the requirement for

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submitting a proper deposit copy of the work sought to be registered for copyright, in th · instead

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of showing the particular work of authorship that is sought to be registered for copyright~ the

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deposit copy photographs submitted by Defendant that were enclosed with the cease and/ desist

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letter to Plaintiffs from Defendant's attorney shows several numerous different glasses a pearing

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in various different shapes, styles, colors and designs.

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Therefore, Defendant's copyright registration application for Defendant's Illu , inated
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Glasses should be ordered to be withdrawn by Defendant and/or should be ordered to bei denied
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by the U.S. Copyright Office and/or should further be declared invalid and null and voidi by this

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Court ab initio as of its filing date; and, alternatively, ifthe U.S. Copyright Office grant

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Defendant's copyright registration application for Defendant's Illuminated Glasses then!'n such

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event the resulting copyright registration should be declared invalid and invalidated ab i itio and

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cancelled by this Court nunc pro tunc as of the filing date of Defendant's copyright regi' tration

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application such that it was never in force and never effective and subsisting, and Defen' ant

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and/or the U.S. Copyright Office should be directed and ordered to so cancel such regis

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it issues.

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As alleged above, Defendant further claims and contends in the cease and lette to
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Plaintiffs from its attorney attached hereto as Exhibit 1, inter alia, that Plaintiffs have i ringed' in

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violation of the federal Lanham Act Defendant's purported ELECTRO SHADES word· ark

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COMPLAINT

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and Defendant's Logo by using such word mark and logo to sell Plaintiffs' Illuminated 'lasses at

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websites located at http://www.electroshades.com and at Plaintiffs Facebook account at i

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http://www.facebook.com/electroshades, and by registering such domain name and Face, ook

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account and using them to sell Plaintiffs' Illuminated Glasses at the websites connected t those.

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URLs.

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Plaintiffs deny and dispute the foregoing claims and contentions by Defendant nd,

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contrary to such claims and contentions by Defendant, Plaintiffs claim and contend and llege

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herein that they are, however, not selling and have not been selling Plaintiffs' Illuminate

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Glasses, and are not and have not been offering them for sale, at these websites or elsew ere.

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Plaintiffs thus claim and assert and allege herein that they are thus accordingly not using in

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commerce any of Defendant's marks and logos as the term "use in commerce" is define in the

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Lanham Act at 15 U.S.C. § 1127. Consequently, Plaintiffs claim and contend and alleg

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that they are thus not liable to Defendant for trademark infringement or any other matte
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inter alia, the Lanham Act including, but not limited to, 15 U.S. C. § 1114 and 15 U.S. C § 1125

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because, inter alia, both statutes require "use in commerce" of a confusingly similar m k or

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designation in order for those statutes to be violated and in order for there to be liability!

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thereunder, as is set forth in such statutes.

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As alleged above, Defendant further claims and contends in the cease and des~ t letter
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from its attorney that Plaintiffs' registration and use of the domain name elctroshades.c i m and

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Facebook account at http://www.facebook.com/electroshades violates the U.S.

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Anticybersquatting Consumer Protection Act. Plaintiffs deny this claim and contentio ·
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Defendant and to the contrary Plaintiffs claim and contend and allege herein that their • gistra~ion

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and use of such domain name and Facebook account were not in violation of and do no; violate

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or constitute violations of the U.S. Anticybersquatting Consumer Protection Act, as set/forth in

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15 U.S.C. § 1125(d) for the reasons inter alia set forth below.

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Plaintiffs claim and contend and allege herein that the URL

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http://www.facebook.com/electroshades is not a "domain name" as that term is define in 15

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U.S.C. 1127, and liability under 15 U.S.C. §1125(d) arises only where the person accu ed of
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COMPLAINT

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violating that statute "registers, traffics in, or uses a domain name" as provided in 15 U. .C.

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§ 1125(d)(l )(A)(ii). Therefore, Plaintiff claims and contends and alleges herein that con rary to
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Defendant's contention, Plaintiffs' creation and use of a Facebook page with the URL

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http://www.facebook.com/electroshades does not and cannot violate 15 U.S.C. §1125(d.
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Further, Plaintiffs claim and contend and allege herein that Plaintiffs did notre' ister

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and do not use the domain name elctroshades.com (and did not create the Facebook ace unt at

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http://www.facebook.com/electroshades and have not used that account) with any bad f:,ith intent

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as is required under 15 U .S.C. § 1125(d)(l )(A)(i) for there to be any liability under that . atute.
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Declaratory relief as requested herein is appropriate because it will serve a use. ul

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purpose in clarifYing and settling the legal relations and disputes in issue between Plain ffs and

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Defendant as alleged in this Complaint, and will also terminate and afford Plaintiffs reli' f from

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gives rise to the instant action. Such actual and present dispute and controversy with D fendant,

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and the claims and contentions of wrongful and illegal conduct in violation of federalla.

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asserted against Plaintiffs by Defendant as alleged herein, harm and injure Plaintiffs, th ' aten

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Plaintiffs with litigation, creates uncertainty and insecurity in Plaintiffs, and casts an inj,

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cloud over Plaintiffs and their activities, including business activities. Unless Plaintiffs

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granted declaratory relief as requested herein, such dispute and controversy with Defen ant, and

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the claims and contentions of wrongful and illegal conduct in violation of federal law a serted

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against Plaintiffs by Defendant as alleged herein, will continue to do so to the ongoing

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and harm to Plaintiffs.

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uncertainty, insecurity and the dispute and controversy with Defendant as alleged herei that
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Plaintiffs are therefore entitled to and seek declaratory relief in this action in t e form of

a judicial declaration which declares that:

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(A) Plaintiffs are not guilty of committing copyright infringement and are not guilt of

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committing trademark infringement (including violating the U.S. Anticybersquattin

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Consumer Protection Act, as set forth in 15 U.S.C. §1125(d)) as is claimed and ass~ ed in the

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cease and desist letter sent to Plaintiffs by Defendant's attorney which is attached h reto as

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Exhibit A;

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COMPLAINT

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(B) Defendant's Illuminated Glasses are not entitled to copyright protection and are

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protectable under U.S. copyright law, because, inter alia, as alleged above, they are seful

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articles under 17 U .S.C. § 101 that do not have any separable features that are copyd htable,

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and entitled to copyright protection, and/or because they are not original works of au

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by Defendant, and thus they are not entitled to copyright protection under, inter alia, 17

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U.S.C. §§ 101 and 102;

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(C) Therefore, Plaintiffs' Illuminated Glasses do not infringe any valid protectable c. pyrigbt

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right or interest that Defendant has in Defendant's Illuminated Glasses because, as st ted

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above, Defendant's Illuminated Glasses are not entitled to copyright protection and a' e not

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protectable under U.S. copyright law and Defendant thus does not have, own or hold

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valid protectable copyright right or interest in and to or otherwise with respect to De

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Illuminated Glasses. (Alternatively, if and to the extent that the Court deems that

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Defendant's Illuminated Glasses do contain separable features that are copyrightable riginal

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works of authorship by Defendant that are entitled to copyright protection, which Pia ntiffs

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deny, then in such event it should in the alternative be declared that Plaintiffs' Illumi ated

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Glasses do not infringe any valid protectable copyright right or interest that Defenda t has in

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Defendant's Illuminated Glasses with regard to such separable features that are copy "ghtable

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original works of authorship because Plaintiffs' Illuminated Glasses are not and con in no

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features that are substantially similar to any such separable copyrightable features of

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Defendant's Illuminated Glasses);

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(D) Defendant's copyright registration application which seeks to register Defendan s

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Illuminated Glasses for copyright with the U.S. Copyright Office, as alleged above, i thus

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invalid and void, and any registration that may issue therefrom by the U.S. Copyright! Office.

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y such

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is also consequently invalid and void, ab initio and nunc pro tunc as of the filing date[I of such

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application;

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(E) Plaintiffs are not liable to Defendant for trademark infringement or other related . laims

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under the Lanham Act including the U.S. Anticybersquatting Consumer Protection A t as set

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forth in 15 U.S.C. §1125(d) as part ofthe Lanham Act, and have not violated the Lan am

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COMPLAINT

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Act as asserted and claimed by Defendant, because, inter alia, liability 15 U.S.C. § 11 14 and

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15 U.S.C. § 1125 both require "use in commerce" of a confusingly similar mark or I

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designation in order for those statutes to be violated, but Plaintiffs have not been and[ are not

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using in commerce any of Defendant's marks and logos as the term "use in commerJ "is

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defined in the Lanham Act at 15 U.S.C. § 1127 because they are, however, not sellin and

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have not been selling Plaintiffs' Illuminated Glasses, and are not and have not been

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them for sale;

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(F) Further, Plaintiffs are not liable to Defendant for violating, and have not violate , the

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U.S. Anticybersquatting Consumer Protection Act as set forth in 15 U .S.C. § 1125(d)l because,

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inter alia, Plaintiffs have not registered, trafficked in or used the domain name

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elctroshades.com with any bad faith as is required for liability under that statute as p 'ovided

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in 15 U.S.C. §1125(d)(l)(A)(i); and, the URL address for Plaintiffs' Facebook acco

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http://www.facebook.com/electroshades is not subject to and does not give rise to a

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under 15 U.S.C. §1125(d) because that statute applies to a "domain name" but such

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address for Plaintiffs' Facebook account is not a "domain name" as that term is defi

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U.S.C. § 1127 (alternatively, if the Court deems that such URL address for Plaintiffs

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Facebook account is a "domain name" that can be the subject of and give rise to a cl, im

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under 15 U .S.C. § 1125(d), which Plaintiffs deny, then in such event the Court shoul

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that Plaintiffs are not liable to Defendant for violating, and have not violated, the U ..

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Anticybersquatting Consumer Protection Act as set forth in 15 U .S.C. § 1125(d) wit~ respect
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to their use of such URL for their Facebook account because, inter alia, Plaintiffs ha e not
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registered, trafficked in or used it with any bad faith as is required for liability under/ hat

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statute as provided in 15 U.S.C. §1125(d)(1)(A)(i)).

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As further related equitable relief to effectuate the foregoing declaratory relief,!
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Plaintiffs are entitled to and request as part of their relief an order directing Defendant t

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withdraw from the U.S. Copyright Office its copyright registration application for Defe dant's

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Illuminated Glasses as alleged herein, and/or an order directing the U.S. Copyright Offi

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grant such application and to not issue a certificate of copyright registration to Defenda . In the
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COMPLAINT

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event that before such an order is issued by the Court said application is granted and a ce ificate
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of copyright registration is issued to Defendant, then in such event Plaintiffs are entitled o and ,

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request as part of their relief an order directing Defendant to immediately take all the ne 'essary •

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actions to cause the U.S. Copyright Office to cancel such registration effective nunc pro unc as

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of the filing date of the application, and/or directing the U.S. Copyright Office to immed ately

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cancel such registration effective nunc pro tunc as of the filing date of the application w· h or

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without the request of Defendant.

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Plaintiffs are also entitled to recover and seek in this action under 17 U.S.C. § 05 the~r

reasonable attorney's fees as part of their costs.

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PRAYER FOR RELIEF

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Wherefore, Plaintiffs seek judgment in their favor and against Defendant grant ng
Plaintiffs the following relief:
1.

Declaratory relief in the form of a judicial declaration declaring that:

15

A. Plaintiffs are not guilty of committing copyright infringement and are no guilty •of

16

committing trademark infringement (including violating the U.S.

17

Anticybersquatting Consumer Protection Act, as set forth in 15 U.S.C. § 125(d))

18

as is claimed and asserted in the cease and desist letter sent to Plaintiffs 'y

19

Defendant's attorney which is attached to Plaintiffs' Complaint as Exhib t A;

20

B. Defendant's Illuminated Glasses are not entitled to copyright protection , nd are!

21

not protectable under U.S. copyright law, because, inter alia, they are us ful

22

articles under 17 U.S.C. § 101 that do not have any separable features th tare

23

copyrightable and entitled to copyright protection, and/or because they a e not

r

i

I

24

original works of authorship by Defendant, and thus they are not entitle , to

25

copyright protection under, inter alia, 17 U.S.C. §§ 101 and 102;

26

C. Therefore, Plaintiffs' Illuminated Glasses do not infringe any valid prot table

27

copyright right or interest that Defendant has in Defendant's Illuminate

28

because, as stated above, Defendant's Illuminated Glasses are not entitl

to
12

COMPLAINT

..

..
1

copyright protection and are not protectable under U.S. copyright law an

2

Defendant thus does not have, own or hold any such valid protectable co yright

3

right or interest in and to or otherwise with respect to Defendant's Illumi ated

4

Glasses. (Alternatively, if and to the extent that the Court deems that De ndant's

5

Illuminated Glasses do contain separable features that are copyrightable

iginal.

6

works of authorship by Defendant that are entitled to copyright protectio

I, which

7

Plaintiffs deny, then in such event it should in the alternative be declared hat

8

Plaintiffs' Illuminated Glasses do not infringe any valid protectable copy .ight

9

right or interest that Defendant has in Defendant's Illuminated Glasses w h regard

I

I

10

to such separable features that are copyrightable original works of author hip

~

11

because Plaintiffs' Illuminated Glasses are not and contain no features th tare

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~

12

substantially similar to any such separable copyrightable features of Defe dant' s

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13

Illuminated Glasses);

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14

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D. Defendant's copyright registration application which seeks to register De endant' s

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15

Illuminated Glasses for copyright with the U.S. Copyright Office is thus

valid ·

16

and void, and any registration that may issue therefrom by the U.S. Copy ight
I

17

Office is also consequently invalid and void, ab initio and nunc pro tunc s of the

18

filing date of such application;

E. Plaintiffs are not liable to Defendant for trademark infringement or other elated

19
20

claims under the Lanham Act including the U.S. Anticybersquatting Con umer

21

Protection Act as set forth in 15 U.S.C. §1125(d) as part ofthe Lanham

22

have not violated the Lanham Act as asserted and claimed by Defendant, because,

23

inter alia, liability under 15 U.S.C. § 1114 and 15 U.S.C. § 1125 both re uire "USe

24

in commerce" of a confusingly similar mark or designation in order for t ose

ct, and

I
1

25

statutes to be violated, but Plaintiffs have not been and are not using in c mmerce

26

any of Defendant's marks and logos as the term "use in commerce" is de' med iri

27

the Lanham Act at 15 U.S.C. § 1127 because they are, however, not selli g and

I

I

28

I

COMPLAINT

13

..
1

have not been selling Plaintiffs' Illuminated Glasses, and are not and hav

2

been offering them for sale; and,
F. Further, Plaintiffs are not liable to Defendant for violating, and have not

3

US.C.

4

the U.S. Anticybersquatting Consumer Protection Act as set forth in 15

5

§ 1125(d) because, inter alia, Plaintiffs have not registered, trafficked in

6

the domain name elctroshades.com with any bad faith as is required for li bility

I

I

under that statute as provided in 15 U .S.C. § 1125(d)( 1)(A)(i); and, the U

7

i

address for Plaintiffs' Facebook account http://www.facebook.com/electrl shade$

8

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I

is not subject to and does not give rise to a claim under 15 U.S.C. §1125()

9

1

10

because that statute applies to a "domain name" but such URL address fo

~

11

Plaintiffs' Facebook account is not a "domain name" as that term is defin din IS

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12

U.S.C. § 1127 (alternatively, if the Court deems that such URL address fi r

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13

Plaintiffs' Facebook account is a "domain name" that can be the subject f and

14

give rise to a claim under 15 U .S.C. § 1125(d), which Plaintiffs deny, the in such

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event the Court should declare that Plaintiffs are not liable to Defendant or

16

violating, and have not violated, the U.S. Anticybersquatting Consumer rotection
1

17

Act as set forth in 15 U.S.C. §1125(d) with respect to their use of such U

for

18

their Facebook account because, inter alia, Plaintiffs have not registered,[

19

trafficked in or used it with any bad faith as is required for liability unde~ that

20

statute as provided in 15 U.S.C. §1125(d)(l)(A)(i)).

I

i

21
22

2.

As further related equitable relief to effectuate the foregoing declaratory relief,[
Plaintiffs request as part of their relief in the judgment in this action an order d recting
I

23

Defendant to immediately withdraw from the U.S. Copyright Office its copyri ht

24

registration application for Defendant's Illuminated Glasses as alleged herein, nd/or an

25

order directing the U.S. Copyright Office to not grant such application and to ot issue a

1

I

I
1

26

certificate of copyright registration to Defendant. In the event that before sue an order

27

is issued and a judgment containing it is entered by the Court said application s granted

28

and a certificate of copyright registration is issued to Defendant, then in such

I

i

Jent
!

COMPLAINT

14

.
1

Plaintiffs request as part of their relief an order directing Defendant to immedia ely take
!

2

all the necessary actions required to cause the U.S. Copyright Office to cancel ~uch

3

registration effective nunc pro tunc as of the filing date of the application, and/~ r

I

!

4

directing the U.S. Copyright Office to immediately cancel such registration effi ctive
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l

5

nunc pro tunc as of the filing date of the application with or without the reques of

6

Defendant;

I

7

3.

Plaintiffs reasonable attorney's fees as part of their costs under 17 U.S.C. § 50:>;

8

4.

Costs of suit herein; and,

9

5.

Such other and further relief as the Court deems just and proper.

10

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15

......

DATED: March 26,2012

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By

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RUBINSTEIN LAW

Yano L. Rubinstein
Phillip Seltzer
Attorneys For Plaintiffs

16
17
18
19
20
21
22
23
24
25
26
27
28

15
COMPLAINT

DEMAND FOR JURY TRIAL

1
2

'
i
I

Pursuant to U.S. District Court for the Northern District of California Local Rulel3-6,
I

3

Plaintiffs David Menard, an individual, Donovan Boyle, an individual, and ShameleSS,

4

California general partnership, hereby demand a trial by jury on each and all matters tria le by

s

jury in the instant action.

6
7
8

DATED: March 26,2012

RUBINSTEIN LAW

9
10

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By______________________+--

11

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Yano L. Rubinstein
Phillip Seltzer
Attorneys For Plaintiffs

1S
16
17
18
19
20
21
22
23
24
2S
26
27
28
16
COMPLAINT

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•

•

Exhibit A

w
CONLEY ROSE
A Professional Corporation

w
HousTON OFH E

INTELLECTUAL PROPERTY LAW

DALLAS OFFICE

INCLUDING PATENTS, TRADEMARKS,
COPYRIGHTS AND UNFAIR COMPETITION

GRANITE PARK THREE

AusTJNOFrr E

5601 GRANITE PARKWAY, SUITE 750
PLANO, TEXAS 75024-6616
[phone]
FACSIMILE [phone]

(512)391-19 0

WWW.CONLEYROSE.COM

(713) 238-80 0

Writer's Direct Dial: (972) 731-22 2
Email: [e-mail].c m

February 16, 2012

Via email and first class mail
Mr. David Menard
ShameleSS
300 Murchison Drive, Unit 112
Millbrae, California 94030

Mr. Donovan Boyle
ShameleSS
20S Fernwood Drive
San Bruno, California 94066

Regarding:
Our File:

[e-mail]

[e-mail]

ShameleSS's Infringing Use of Beatmunk's Copyrights and Trademarks
4403-00100

Dear Sirs:
Our firm represents Beatmunk, LLC ("Beatmunk") in connection with its intellec ual
property matters. Beatmunk owns copyrights, trademarks, and a patent application, and as
developed extensive common law rights in and to its illuminated eyewear. It has recently c me
to the attention of Beatmunk that ShameleSS is selling illuminated eyewear that infri ge
Beatmunk's copyrights, trademarks, and claims in its patent application. This is of g ve
concern to our client in view of its well-established and longstanding rights in its intellec ual
property for illuminated eyewear.
1

Copyright Infringement
Beatmunk owns copyrights associated with its illuminated eyewear. Attached as Ex ibit
1 is a copy of Beatmunk's pending U.S. copyright application for illuminated eyewear.
!

I

As shown in the attached Exhibit 2, Mr. Boyle obtained two pairs of Beatmu 's
ELECTRO SHADES™ brand illuminated eyewear on or about October 20, 2011. While Mr.
Boyle is free to use his ELECTRO SHADES™ brand illuminated eyewear for his own~ers nal
use, his purchase does not give him the right to copy the ELECTRO SHADES
b and
illuminated eyewear or market, manufacture, or sell any illuminated eyewear that would inf
Beatmunk's copyrights.

156421-vl/4402.00000

CONLEY ROSE, P.C.

DALLAS

February 16, 2012
Page 2

As shown in the attached Exhibit 3, ShameleSS is marketing and selling Shamele S
Shades, which are substantially identical to Beatmunk's ELECTRO SHADESTM bra d
illuminated eyewear, at http://www.facebook.com/SHAMELESS. Also, ShameleSS is marketi g
its illuminated eyewear at
·
•
·
as evidenced by Exhibit 4.
ShameleSS's marketing, manufacturing, and selling of its illuminated eyewear is n
infringing act under the U.S. copyright laws. As such, Beatmunk is entitled to an injunction t at
prevents ShameleSS from selling illuminated eyewear covered by Beatmunk's copyrights, Ias
well as the greater of: (1) actual damages plus profits; or (2) statutory damages up to $1SO,O 0.
Beatmunk is also entitled to recover court costs and attorney's fees. In addition, copyri ht
infringement is a criminal offense carrying penalties up to ten years in prison.
1

Trademark Infringement - ELECTRO SHAPES™

Beatmunk has protectable rights in its ELECTRO SHADES™ trademark, whic is
unique and distinctive within the eyewear industry. As shown in the attached ExhibitS, the
rk
ELECTRO SHADES™ is used to identify Beatmunk as the supplier of its unique illumin ted
eyewear at http://get.beatmunk.com/. In addition, Beatmunk markets its ELECTRO SHADE TM
brand illuminated eyewear at http://www.facebook.com(beatmunk.
1

As shown in the attached Exhibit 6, Mr. Menard registered the we ite
http:ijwww.electroshades.com/ on November 9, 2011. As shown in Exhibit 7, ShameleS is
marketing and selling illuminated eyeglasses using Beatmunk's ELECTRO SHADE ™
trademark at http:ijwww.electroshades.com/. In addition, ShameleSS is marketing and sel ing
illuminated eyeglasses using Beatmunk's ELECTRO SHADES™ trademark at
http://facebook.com/electroshades, as shown in the attached Exhibit 8. Such actions are
misleadin~ and likely to cause customer confusion because they indicate that ELEC RO
SHADES M brand illuminated eyewear is originated by ShameleSS, not Beatmunk.
ShameleSS's registration of the website http://www.electroshades.com/ and the Face
account h~;//fgbook.com{ele,mosbades when they had knowledge of Beatmunk' s ELEC
SHADES trademark is an infringing act under the U.S. Trademark laws. It is also a viol
of the U.S. Anticybersquatting Consumer Protection Act. As such, Beatmunk is entitled
injunction that prevents ShameleSS from selling any illuminated eyewear bearing the ELEC
SHADES™ trademark, as well as monetary damages for lost sales, which may be trebled
discretion of the court. Beatmunk is also entitled to recover attorney's fees.

ook
RO
tion

the

Trademark Infringement -Illuminated Eyewear Periphery Logo

Beatmunk has protectable rights in its Illuminated Eyewear Periphery Logo, wh
unique and distinctive within the eyewear industry. As shown in the attached Exhibit , the

156421-vl/4402-00000

CONLEY ROSE, P.C.

DALLAS

February 16, 2012
Page 3
Illuminaited Eyewear Periphery Logo is used as the background on Beatmunk's website, and s
used to identify Beatmunk as the supplier of its unique ELECTRO SHADES™ bra d
illuminated eyewear. In addition, Beatmunk uses its Illuminated Eyewear Periphery Logo t
http://get.beatmunk.com/ and http://www.facebook.com,lbeatmunk to market its ELECTR
SHADESTM brand illuminated eyewear.
As shown in Exhibit 7, ShameleSS is marketing and selling illuminated eyeglasses usi g
Beatmunk's Illuminated Eyewear Periphery Logo at http://www.electroshades.com/. In additio ,
ShameleSS is marketing and selling illuminated eyeglasses using Beatmunk's Illuminat d
Eyewear
Periphery
Logo
at
http://www.facebook.com/SHAMELESS
a d
http://fat;ebook.com/electroshades, as shown in Exhibits 3 and 8, respectively. Such actions a' e
misleading and likely to cause customer confusion because they indicate that illuminat ·d
eyewear associated with the Illuminated Eyewear Periphery Logo is originated by ShameleS ,
not Beatmunk.
1

i

ShameleSS's use of the Beatmunk's Illuminated Eyewear Periphery Logo is an infringi g
act under the U.S. Trademark laws. As such, Beatmunk is entitled to an injunction that preve ts
ShameleSS from selling any illuminated eyewear in conjunction with the Illuminated Eyewe r
Periphe~y Logo, as well as monetary damages for lost sales, which may be trebled at t e
discreti6n of the court. Beatmunk is also entitled to recover attorney's fees.
Dispute Resolution

Beatmunk aggressively protects its intellectual property rights, including those protect d
by patent, copyright, and trade dress. As stated above, Beatmunk demands that ShameleSS:
f

i

a) Cease and desist making, selling, promoting any illuminated eyewear covered
Beatmunk's intellectual property, and destroy any inventory or promotional materials;

y

b) Discontinue use of the BEATMUNK, ELECTRO SHADES, and ILLUMINATE YO R
NIGHT trademarks, as well as the Illuminated Eyewear Periphery Logo;
c) Remove the ShameleSS kickstarter.com webpage:
pttp://www .kickstarter .comlprojects/davidmenard/shameleSS-shades;
d) Remove the http://shameleSS.com domain;
e) Remove the ShameleSS Facebookpage http://www.facebook.com/SHAMELESS;

t) Remove the ShameleSS Twitter accounts https://twitter.com/SHAME LESS;
g) Remove the YouTube video http://www.youtube.com/watch?v=z8F421LeJzk;

156421-vl/4402-00000

DALLAS

CONLEY ROSE, P .C.
February 16, 2012
Page4

h) Transfer the http://electroshades.com domain, the htt : facebook.com electroshad s
Facebook page, and other online accounts using Beatmunk' s intellectual property o
Beatmunk;
i) Remove all references, posts, and pictures of Shamele55 Shades online;

j) Remove any other Facebook/Twitter/social media posts including those on Mr. Menar
and Mr. Boyle's personal Facebook/Twitter/other webpages, blog posts, online links r
posts, or any other promotion relating to Shamele55 Shades; and
k) Provide a full accounting of customer activity and sales received from websites, blo ·s,
and other online media, including the geographic locations, store or venue nam s,
quantity and dollar sales volumes of all goods sold that contain Beatmunk's trademar s,
logo, and copyright.
I
I
I

We trust that you understand and appreciate the seriousness of this matter. Up n
consideration of the foregoing, please contact the undersigned by February 28, 2012 to indic te
ShameleSS's willingness to comply with the above demands. If we do not hear from you or y ur
attorney by that date, we will assume that you have decided to ignore our client's rights, and we ill
advise it accordingly.
Sincerely,
CONLEY ROSE, P.C.

Grant Rodolph

Enclosures

cc: Monica Neary

156421-v1/4402..()0000

[e-mail]

. .

..

Exhibit 1

. .

*-APPLICATION-

Title

-------------------------......,1--

------------------11--

Title of Work: Beatmunk Electro Shades

Compl.tion/Publication

Year of Completion: 2011
Date of 1st Publication:

Nation of 1st Publication: United States

Author
•

Author: Bartley Gillan
Author Created: illuminated glasses frame
Citizen of: United States

Domiciled in: United States

Year Born: 1985

Copyright claimant
Copyright Claimant: Beatmunk LLC
2002 Scenic Dr, Austin, TX, 78703, United States
Transfer Statement: By written agreement

Limitadon of copyright claim
Materi~l excluded from this claim:

photograph(s)

New !material included in claim: illuminated glasses frame

CertifiGation
Name: Bartley Gillan
Date: • • •

Page 1 of 1

Registration#:
Serville Request#: 1-721196011
Priority: Routine

Application Date:

Correspondent
1

Organization Name: Beatmunk LLC

Name: Bartley Gillan

Email: [e-mail]
Address: 2002 Scenic Dr
Austin, TX 78703 United States

Mall Certificate
Beatmunk LLC
Bartley Gillan
2002 Scenic Dr
Austin, TX 78703 United States

Telephone: [phone]

!

Exhibit 2

•Prinf Inyoice - PayP~l

w
https://www.paypal.com/us/cgi-bin/invoiceweb?S' SSION=rcm ...
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INV PIC
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Invoice number

0001

Invoice date

10/20/2011

il

Payment terms

Due on receipt

Due date

I

10/20/2011

!

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Send to
dboylet®musicplayer.com
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Deacrjptlon

white electro shades

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Quantity

Unit price

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1

$20.00

1$20.01

1

$20.00

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electro shades

$20.0(

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Subtotal
Shipping/handling
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$40.0C
$6.0(

Total

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$46.
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1 of 1

/8/12 9:49AM

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Pagei 1 of3

SHAMEJSS I Facebook
!

Email

Password

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Forgot your password?

Keep me logged in

ISign Up I Fecebook helps you connect end 1h1re with the people In your life.
.

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SHAMELESS~
Musidan/Band

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'·

Want to like or com men on
this page?
!

Wall

Info

Photos

SHAMELESS · Everyone (Top Posts)

Wall

Share:

About

Brand new way to i~uminate your
night with a new
of light
show! These...
!

tvpe

More

Poet

PhotD

Ykleo

To interact with SHAMELESS you
to sign up for Facebook first.

I

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Its free and anyone can jOin. Already
member? Log in.

Write something ...

SHAMELESS
Who thought last night was epic?? We sure didllf you gave us your email
lnformlllon last night, you will be hearing from us shortly! So Stay tuned and
TGIF!
Uke ·comment· February 10 at !1:13pm·

363
IH<e this

323
1alklng about this

Balentin Gonzales, carlos Ramirez and Daniet Farfan like this.

I

5eeAII

HO~MUSIC

SHAMELESS
you all Tonight for TORQ THURSDAYS at Ruby Skye for MAT ZOI

see

!

MatZo - II polar
www.youtube.com
UKE Above &. Beyond on Facebook:
http://on.fb.me/like-AB CD: http://bltly/voi!Kd
!Tunes: http://bit.ly/vol9-itunes iTunes US/CA:
http:/Jbit.ly/vol...
Uke · Comment • February 9 at 11 :43am •

Bevo~d Wonder•••
I

.EPa

I

David Menard and Spencer Hardwick like tl1is.

SHAMELESS
Have you ever seen Glasses t11at could Do Tl115 While You Danae?
$20 Includes shipping :D EPR

!

Page Owners

1

Davi, Menard

Don+an Boyle

I

Create a Page

Like · Comment • February 9 at 5:08am ·
Kyle Magliet1a and Andrew Wayne like tl11s.

RECENT ACTIVITY

SHAMElfSS edited their Genre and Biography.
SHAMELESS changed their Biography,

SHAMELESS
Come to Ruby Skye every Tllursday Night (18+) to check out our hot new
product1 Tllls week we have non other than Mat Zol
Friend Page: htt:ps://www.faoebook.can/sftorQ
Like TORQ SF Here: https://www.facebook.com/TORQSF

1 ''

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/nTT A '1t. .f'~T T"'t:'t:'

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Pag 2 of3

SHAMELJiss I Facebook '-'

Adrl8n LUX ORuby lkye, SF
Adrian Lux
TORQ Presents Adrian Lux at Rubv Skye, San Francisco. Photos By Skyler Greene
TORQ Presents Adrian Lux at Rubv Skye, 2/03/2012
By: Dandng Astronaut
like · Comment • February 7 at 10:50pm •

Samanltla Slilrr likes l!lls.

Adrlen LUX ORuby Skye, SF
Adrian Lux
TORQ Presents Adrian Lux at Rubv Skye, San Francisco. Photos By Skyler Greene
TORQ Presents Adrian Lux at Rubv Skye, 2/03/2012
By: Dandng Astronaut
Like · Comment • February 7 at 10:36pm •

Samanltla starr, Billy Ebony Jean and Oavtd Menard like this.

SHAMELESS
we will have more photographs up soon ...l!lat will blow your mind I ;) Stay tuned!
Uke • Comment · February 7 at 10:30pm •

SHAMELESS
Get your pelr IDdayl $20
http:/Jwww.klckslarter.com/projects/davtdmenand/SHAMELE55-shades

like · Comment · February 7 at 4:43pm •
SHAMELESS, Jr Ayala, David Menard and 6 others like this.
VJew an s comments
-

f

, ,

II

_1 _____ /nTTA. ..

SHAMELESS Then you should definitely try to hit up some events
we attend, i.e. EPR and Torq thursdays at rubv skye. Being so
close, you should have no problem getting shades In time for the
big events! :-0

IJ:!Tr.~r

Page 3 of3
I
I

"*'*'Y 71t

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•:a•.

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Gng luiAII Sounds good. rm up north for IIChool but 1 vl!ilt
home all the time.
February 8 at 11:4tam

SHAMILUS
http:l/www.kldtubrtN.r»m/proJeds/devtdmlniiRI/shlmele!i5-shadis7ref=live
IHAMILIIS
David Menard & Donovan Boyte are a dynamic OJ duo lhlt
have Invented a product called "SHAMELESS Shades."
CUrrently DJing ror TORQ SF lhuisdays at Ruby Skye as well
as su(IIIOrtlng WOMP In Qakland and Wednesday Elec:tro Pop
Rocke at 71S Harrlsan In San FrilndKD & Night Ught Riot lit
the Bleck DoOr on Saturdays! If you ...
See Mona
Page: 363 llke this
Like • Comment • February 6 at 9:48pm •
SHAMELESS IIICIIS thll.

IIICENT AaJVnY

SHAMELESS edited their MenberS, Genre 1nd Biography,

SHAMELESS edited their BIOgrll(lhY tnd DefCrlplfon.

Older FOsts

fflalbook C> 2012 ·l!nlllsh (US)

II

Mobile • Find Friends ' Badges ' People · Pagel ' About · Advertising ' Create I Page ' Developers ' C8r

' l'riViiCY '
• Help

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Exhibit 4

SHAMEL~55

Shades - Gt.t..is That Glow and Strobe by David

M~d

I

What is Kicksta~er?We'rc the world's largest funding platfonn for creative projects.Leam more!

Kickstaf*er

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ru-'-""-""'-'""""-~"-1 project i@ pgneiep. CAbyDavid Menard & Donovan Boyle· send message

to forget? We'll remind you by emai148 hours before funding ends.

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& Donovan Boy ... Page11 of9

SHAMELlS Shades -

mJw. That Glow and Strobe by David Md!Jd & Donovan Boy...

Page12 of9

I

will enhance your nightlife or party experience. Its unique and ingenious design attracts positive attention unlike anything you've seen.

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55 Shades- GlA.fs That Glow and Strobe by David Mt\Jd & Donovan Boy ...

an electroluminescent wire to the outer frame and powering it with the smallest inverter possible giving the product a signature glowing
light, they have multiple settings to add a variety of uses. The first generation glasses will have the switch for blink on/off or
will feature a custom strobe effect and constant on. The strobe effect is dialed to a frequency of 60 frames per second giving a
m¢>ve1me1nt or dance motions. By virtue of its design, the person wearing the glasses does not see the light around the frame and does not exrmn.em"'

PINK

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.................. ..-5 Shades- Gldl.is That Glow and Strobe by David Mt\Jd & Donovan Boy ... Page of9

sec the Shades want to have more than one pair to match their outfits. SHAMELESS Shades are quickly becoming a trendy fashion accessory
the wearer a boost of confidence and the desired "ice breaking" attention,

the

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5 Shades - Gt.Ws That Glow and Strobe by David M.Wd & Donovan Boy... Page of 9
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info above doesn't help, you can ask the project creator directly.

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_.S Shades- Giat.ls That Glow and Strobe by David Mdttild & Donovan Boy ...

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a single pair of SHAMELESS Shades in either blue, pink or green BUT We Pick the Color. (The pledge includes shipping in the U.S., please

d $10 for

w•"u'"~" the movement. name on website, but you will receive a single pair of SHAMELESS Shades with the signature strobe effect! They will

ail for

.-.~-v•u~

.. (The pledge includes shipping costs)

""""I""'•'-'C'-' Shades with the signature strobe effect! Please note colors: blue, pink or green for your order. (The pledge includes shipping in the U.s.,[ please
&ntl!trulllo•nal orders.)

mo•'(e1nertt, name on website, single pair of SHAMELE55 Shades with the signature strobe effect! + "HOUSE MUSIC SAVED MY LIFE" T-Shirt
(The pledge includes shipping costs)

ease note

5 pairs of SHAMELESS Shades with the signature strobe effect!+ I [I] HR LIVE DJ SETS by SHAMELESS Please note colors: blue, pink r green
pledge includes shipping in the U.S., please add $10 for international orders.)

I DISTRJBUTOR PACKAGE 75 pairs ofSHAMELE55 Shades with the signature strobe effect! +Link/Video/Pic on our website promoting y ur

blue, pink or green for your order. Please contact us for details or questions and thanks!

i

BSS Shades- GlWs That Glow and Strobe by David M~ & Donovan Boy... ~ e 9 ofP

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?I ll/?01?

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Exhibit 7

Pa e 1 of2

HOME

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FREE

USIC

NEW NEW that no one else has?

Thanks to TORQ we are giving

Last

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•

5 pairs of
ElectroSha
for Free!
You can also find us on twitter to get updates on

1

Attend Dec.15
to win!

the parties we attend. We'll get you Guest List
and Access to the Hottest SWAG before anyone
else.

@ELectroShades

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Never Walking Alone (RADIANT 2012 PREVIEW)

202

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NO SLEEP Essential Mix
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Exhibit 8

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About
G.ltlhii,NIW riiWIIII sunglasses!

outlined

EIACtrOShada.com
Hey Guys If you wanna buy a pair of SHAMELESS EL.ettro Shades..

you Gin now

buy then online!
More

SHAMELESS Shades - Gla-lbat Gl-and
Slr'Obe
www.kickstllrter.can
Brand new way to Illuminate your night with an all
new style of shades! They are bright, unique, fun &.
glow!

47
like this

2

Like· Comment· February 9 at 1:56pm,

EIACtrOShadM.com
congratulations Balentln Gonzales on Winning a Free Pair of ELectro Shades!
Like· Comment · January 18 at 8:08pm ·
ELectroShades.oom, Arlanne Torres and Balentln Gonzales like tills.

l.J
II
•

II

Priscilla Ngl wanna buy some.. how much??
January 18 at 8:25pm · 1
I!LectroShad•.com They aren't for sale yet You can only win
them right now .. But be are giving away 5 more during my set at
Ruby Skye tomorrow night
January 18 at 8:51pm · 2
I!LectroShad•.com whoops I forgot I was logged In as
ELectroShades.. lol You can nnd more info about the Ruby Skye
giveaway on our website. ELectroShades. com
January 19 at 3:25am

EIACtrOShadal.com
ATTN: we are having a contest right now. It runs from 12pm noon IDa pm
TONIGKTIIf you want to win a pair of ELectroShades for TONIGHT!! I ... all you
have to do Is Repast this message AND Share this Photo! super easy and there
will be a winner announced at 8prnl Get then before EPR or WOMP tonight!! I

Create a Page

Like · Comment · January 18 at 5:26pm·

Urlel overton likes this.

RECENT ACTIVITY

.., 1 h/'1{\ 1..,

Pa

ELectroS ades.com I Facei.fk

2 of4

ELectroShades.com thanoed their Founded.

ELIIdrOShadel.com
In just a few Hours we are going ID laundl a special Promo so you am get a free
pair of ELectrO Shades! SillY tuned for more details on how to win ..

Introducing ELectrOSha-..com

By: ELectroShades.com
Like · Comment · January 18 at 3:49am ·
Spencer Hardwick, PrlsciHa Ng and 2 athi!IS like this.

R

Tylar Gabrlala Are you guys selling shades tonight?
. . . . February 9 at 1:45pm via mobile

II

ELac:troShad•.com We wish we could but we are curren~y sold
out. we will receive more at the end or reb. The quickest wav to
get a pair Is through our klckSiilrter page. http://
www.klekStarter.comjprojects/daYidmenard/SHAMELESS-shades
SHAMELESS Shad• • Gla-lbllt
Gl-and Strobe
www.klckStarter.com

Brand new way to illuminate your
night with an all new style of shades!
They are blight, unique, run II. glow!
February 9 at 1:55pm

IIIJI
•

Tyler Gllbriale Ok
.;... February 9 at 2:25pm

I!LectroShadel.com

Like· Comment · December 16, 2011 at !0:43am via mobile •
Spencer HardwiCk and Jelf Mstrex Smith like this.

II
II

Urlel Overton LookS like Ruby Skye based on the Wall behind that
dude wearing the Electroshades
January 18 at 3:35am
ELac:troShadw.com you guessed right! Check out the promo we
have right now to win a free pair of shades for tonight! Its on our
wall
January 18 at 1:22pm · 1

I!LectroShadel.com
David down In the dada life madnessll

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1~/?01?

Pag 3 of4

ELectroSh des.com I Face~

Like • comment • December 16, 2011 at 10:42am via mobile •
ELectrOShades.com and Jeff Mstre< Smlttlllke ttlis.

II

Uriel OYeriiOn CPRubV Skye
January 18 at 3:35am

Like • comment· December 16, 2011 at 10:07am via mobile·

Uriel Overton, Jeff Mstre< Smitt1 and 2 others like ttlls.

EIACtrOSMdeii.Clllm
Want to see the new ELectro Shades In Person? If you haven't seen ttle new
Strobe feature ltlen your deftnitely outa ttle loop. We will be at Ruby SKye to see
SPENCER & HILL for TORQ THUSOAVS. Sign up on DAVID MENARD's aka OJ
RADIAN1'5 DlSCOUN'reD GUESTl.IST.

·~

Guest Ust I TORQ TbursdaYs 0 Ruby Skye- San
F,.nc;tsco
torqsf.com

Like · Comment • December 5, 2011 at 2:24pm •

ELectrOShad•.IXIm added 6 new photos to the album lntrodudng
ELectroShades.com.

Like · Comment· November 20, 2011 at 5:04pm •
Jenzen Carre, Arianne Torres and ELectroShades.com like this.
1 share

II

,....correyeahl
J1nUf1Y 18 at 3:06am ·

ELectroS

Pag 4of4

es.com IFacebook
EL.edi'CIShldel.com
check aut our MJbllte. .. www.llec:trOShldesoc:om Is there anything you dont Rg?

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i domatns.googlesyndlcatlanocom
Like o Comment • Ncwenber 18, 2011 at 1:16am o

II

IIOIMIVIII ...... l don't lllce that we dlln't have 10,000 pairs
.
...-llllllblll

November 18, 2011 at 1:5Bim • 3

UCINT ACTM1Y

ElettrOShade&oalln edltllld their Weblllle ll1d ~

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Mobile oAnd Fl1end5 oBadges oPeople oPagel oAbout Advertising create a Page DeVeloperS •
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