Knight-McDowell v. Rival Group, LLC et al

Filing 1

COMPLAINT with Jury Demand, filed by Gladys Knight-McDowell; and Summon(s) issued. ( Filing fee $ 400.00 receipt number 113E-6659597.) (Attachments: # 1 Exhibit -A, # 2 Exhibit - B, # 3 Exhibit -C, # 4 Exhibit -D, # 5 Exhibit -E, # 6 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form.

CIVIL COVER SHEET

JS44 (Rev. 6/16 NDGA)

The JS44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by
local rules of court. This form is required for the use of the Clerk of Court for the purpose of initiating the civil docket record. (SEE INSTRUCTIONS ATTACHED)

I. (a) PLAINTIFF(S)

DEFENDANT(S)

GLADYS KNIGHT-MCDOWELL

RIVAL GROUP, LLC, CASCADE FOODS, LLC, GRANITE
FOODS, LLC, and SHANGA HANKERSON

(b) COUNTY OF RESIDENCE OF FIRST LISTED

COUNTY OF RESIDENCE OF FIRST LISTED
DEFENDANT

PLAINTIFF
(EXCEPT IN U.S. PLAINTIFF CASES)

(IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND
INVOLVED

(c) ATTORNEYS (FIRM NAME, ADDRESS, TELEPHONE NUMBER, AND

ATTORNEYS

(IF KNOWN)

E-MAIL ADDRESS)

Christopher Bussert, John Jett, Ava Conger
Kilpatrick Townsend & Stockton LLP
1100 Peachtree Street, Suite 2800, Atlanta GA 30309
404-815-6500, [e-mail]
jjett@ktslaw, [e-mail]

II. BASIS OF JURISDICTION

III. CITIZENSHIP OF PRINCIPAL PARTIES

(PLACE AN “X” IN ONE BOX ONLY)

(PLACE AN “X” IN ONE BOX FOR PLAINTIFF AND ONE BOX FOR DEFENDANT)
(FOR DIVERSITY CASES ONLY)
PLF

2 U.S. GOVERNMENT
DEFENDANT

IV. ORIGIN

PLF

DEF

1

1 CITIZEN OF THIS STATE

4

4

INCORPORATED OR PRINCIPAL
PLACE OF BUSINESS IN THIS STATE

4 DIVERSITY
(INDICATE CITIZENSHIP OF PARTIES
IN ITEM III)

✔

3 FEDERAL QUESTION
(U.S. GOVERNMENT NOT A PARTY)

2

2

CITIZEN OF ANOTHER STATE

5

5

INCORPORATED AND PRINCIPAL
PLACE OF BUSINESS IN ANOTHER STATE

3

1 U.S. GOVERNMENT
PLAINTIFF

DEF

3

CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY

6

6

FOREIGN NATION

(PLACE AN “X “IN ONE BOX ONLY)

✔ 1 ORIGINAL
PROCEEDING

2 REMOVED FROM
STATE COURT

3 REMANDED FROM
APPELLATE COURT

4 REINSTATED OR
REOPENED

TRANSFERRED FROM
5 ANOTHER DISTRICT
(Specify District)

MULTIDISTRICT
6 LITIGATION TRANSFER

APPEAL TO DISTRICT JUDGE
7 FROM MAGISTRATE JUDGE
JUDGMENT

MULTIDISTRICT
8 LITIGATION DIRECT FILE

V. CAUSE OF ACTIONJURISDICTIONAL STATUTES UNLESS DIVERSITY) ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE - DO NOT CITE
(CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU
This is an action seeking injunctive relief and damages for unfair competition and false advertising under the federal
Lanham Act, codified as amended at 15 U.S.C. §§ 1051 et seq. (“Lanham Act”), as well as state law claims for unfair
competition and violation of the right of publicity arising out of Defendants' unauthorized use of Plaintiff's intellectual
property in the operation of Gladys Knight Chicken and Waffles restaurants in the metro Atlanta area.
(IF COMPLEX, CHECK REASON BELOW)
1. Unusually large number of parties.

6. Problems locating or preserving evidence

2. Unusually large number of claims or defenses.

7. Pending parallel investigations or actions by government.

3. Factual issues are exceptionally complex

8. Multiple use of experts.

4. Greater than normal volume of evidence.

9. Need for discovery outside United States boundaries.

5. Extended discovery period is needed.

10. Existence of highly technical issues and proof.

CONTINUED ON REVERSE
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT $

JUDGE

APPLYING IFP

MAG. JUDGE

NATURE OF SUIT
(Referral)

MAG. JUDGE (IFP) ______________________
CAUSE OF ACTION______________________

VI. NATURE OF SUIT (PLACE AN “X” IN ONE BOX ONLY)
CONTRACT - "0" MONTHS DISCOVERY TRACK

CIVIL RIGHTS - "4" MONTHS DISCOVERY TRACK

150 RECOVERY OF OVERPAYMENT &
ENFORCEMENT OF JUDGMENT
152 RECOVERY OF DEFAULTED STUDENT
LOANS (Excl. Veterans)
153 RECOVERY OF OVERPAYMENT OF
VETERAN'S BENEFITS

440 OTHER CIVIL RIGHTS
441 VOTING
442 EMPLOYMENT
443 HOUSING/ ACCOMMODATIONS
444 WELFARE
445 AMERICANS with DISABILITIES - Employment
446 AMERICANS with DISABILITIES - Other
448 EDUCATION

CONTRACT - "4" MONTHS DISCOVERY TRACK
110 INSURANCE
120 MARINE
130 MILLER ACT
140 NEGOTIABLE INSTRUMENT
151 MEDICARE ACT
160 STOCKHOLDERS' SUITS
190 OTHER CONTRACT
195 CONTRACT PRODUCT LIABILITY
196 FRANCHISE

IMMIGRATION - "0" MONTHS DISCOVERY TRACK

OTHER STATUTES - "4" MONTHS DISCOVERY
TRACK

463 HABEAS CORPUS- Alien Detainee
510 MOTIONS TO VACATE SENTENCE
530 HABEAS CORPUS
535 HABEAS CORPUS DEATH PENALTY
540 MANDAMUS & OTHER
550 CIVIL RIGHTS - Filed Pro se
555 PRISON CONDITION(S) - Filed Pro se
560 CIVIL DETAINEE: CONDITIONS OF
CONFINEMENT

375 FALSE CLAIMS ACT
376 Qui Tam 31 USC 3729(a)
400 STATE REAPPORTIONMENT
430 BANKS AND BANKING
450 COMMERCE/ICC RATES/ETC.
460 DEPORTATION
470 RACKETEER INFLUENCED AND CORRUPT
ORGANIZATIONS
480 CONSUMER CREDIT
490 CABLE/SATELLITE TV
890 OTHER STATUTORY ACTIONS
891 AGRICULTURAL ACTS
893 ENVIRONMENTAL MATTERS
895 FREEDOM OF INFORMATION ACT
899 ADMINISTRATIVE PROCEDURES ACT /
REVIEW OR APPEAL OF AGENCY DECISION
950 CONSTITUTIONALITY OF STATE STATUTES

PRISONER PETITIONS - "4" MONTHS DISCOVERY
TRACK
550 CIVIL RIGHTS - Filed by Counsel
555 PRISON CONDITION(S) - Filed by Counsel

FORFEITURE/PENALTY - "4" MONTHS DISCOVERY
TRACK
625 DRUG RELATED SEIZURE OF PROPERTY
21 USC 881
690 OTHER

OTHER STATUTES - "8" MONTHS DISCOVERY
TRACK
410 ANTITRUST
850 SECURITIES / COMMODITIES / EXCHANGE

LABOR - "4" MONTHS DISCOVERY TRACK
710 FAIR LABOR STANDARDS ACT
720 LABOR/MGMT. RELATIONS
740 RAILWAY LABOR ACT
751 FAMILY and MEDICAL LEAVE ACT
790 OTHER LABOR LITIGATION
791 EMPL. RET. INC. SECURITY ACT

OTHER STATUTES - “0" MONTHS DISCOVERY
TRACK
896 ARBITRATION
(Confirm / Vacate / Order / Modify)

PROPERTY RIGHTS - "4" MONTHS DISCOVERY
TRACK

TORTS - PERSONAL PROPERTY - "4" MONTHS
DISCOVERY TRACK
370 OTHER FRAUD
371 TRUTH IN LENDING
380 OTHER PERSONAL PROPERTY DAMAGE
385 PROPERTY DAMAGE PRODUCT LIABILITY

FEDERAL TAX SUITS - "4" MONTHS DISCOVERY
TRACK
870 TAXES (U.S. Plaintiff or Defendant)
871 IRS - THIRD PARTY 26 USC 7609

PRISONER PETITIONS - "0" MONTHS DISCOVERY
TRACK

TORTS - PERSONAL INJURY - "4" MONTHS
DISCOVERY TRACK
310 AIRPLANE
315 AIRPLANE PRODUCT LIABILITY
320 ASSAULT, LIBEL & SLANDER
330 FEDERAL EMPLOYERS' LIABILITY
340 MARINE
345 MARINE PRODUCT LIABILITY
350 MOTOR VEHICLE
355 MOTOR VEHICLE PRODUCT LIABILITY
360 OTHER PERSONAL INJURY
362 PERSONAL INJURY - MEDICAL
MALPRACTICE
365 PERSONAL INJURY - PRODUCT LIABILITY
367 PERSONAL INJURY - HEALTH CARE/
PHARMACEUTICAL PRODUCT LIABILITY
368 ASBESTOS PERSONAL INJURY PRODUCT
LIABILITY

861 HIA (1395ff)
862 BLACK LUNG (923)
863 DIWC (405(g))
863 DIWW (405(g))
864 SSID TITLE XVI
865 RSI (405(g))

462 NATURALIZATION APPLICATION
465 OTHER IMMIGRATION ACTIONS

REAL PROPERTY - "4" MONTHS DISCOVERY
TRACK
210 LAND CONDEMNATION
220 FORECLOSURE
230 RENT LEASE & EJECTMENT
240 TORTS TO LAND
245 TORT PRODUCT LIABILITY
290 ALL OTHER REAL PROPERTY

SOCIAL SECURITY - "0" MONTHS DISCOVERY
TRACK

✔

820 COPYRIGHTS
840 TRADEMARK

* PLEASE NOTE DISCOVERY
TRACK FOR EACH CASE TYPE.
SEE LOCAL RULE 26.3

PROPERTY RIGHTS - "8" MONTHS DISCOVERY
TRACK
830 PATENT

BANKRUPTCY - "0" MONTHS DISCOVERY TRACK
422 APPEAL 28 USC 158
423 WITHDRAWAL 28 USC 157

VII. REQUESTED IN COMPLAINT:
CHECK IF CLASS ACTION UNDER F.R.Civ.P. 23
JURY DEMAND

✔

YES

DEMAND $_____________________________

NO (CHECK YES ONLY IF DEMANDED IN COMPLAINT)

VIII. RELATED/REFILED CASE(S) IF ANY
JUDGE_______________________________

DOCKET NO._______________________

CIVIL CASES ARE DEEMED RELATED IF THE PENDING CASE INVOLVES:

(CHECK APPROPRIATE BOX)

1.
2.
3.
4.

PROPERTY INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
SAME ISSUE OF FACT OR ARISES OUT OF THE SAME EVENT OR TRANSACTION INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
VALIDITY OR INFRINGEMENT OF THE SAME PATENT, COPYRIGHT OR TRADEMARK INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
APPEALS ARISING OUT OF THE SAME BANKRUPTCY CASE AND ANY CASE RELATED THERETO WHICH HAVE BEEN DECIDED BY THE SAME
BANKRUPTCY JUDGE.
5. REPETITIVE CASES FILED BY PRO SE LITIGANTS.
6. COMPANION OR RELATED CASE TO CASE(S) BEING SIMULTANEOUSLY FILED (INCLUDE ABBREVIATED STYLE OF OTHER CASE(S)):

7. EITHER SAME OR ALL OF THE PARTIES AND ISSUES IN THIS CASE WERE PREVIOUSLY INVOLVED IN CASE NO.
DISMISSED. This case
IS
IS NOT (check one box) SUBSTANTIALLY THE SAME CASE.

s/Christopher P. Bussert
SIGNATURE OF ATTORNEY OF RECORD

August 26, 2016
DATE

, WHICH WAS