Comedy Playground v. NBC Universal -Trademark Lawsuit

1 Alan Jay Weil (SBN 63153) GAIMS WElL WEST LLtf

2 1875 Century Park East, 12 Floor Los Angeles, California 90067-2513

3 Telephone: (310) 407-4526 FacsImile: (31Q) 277-2133

4 Email: [email protected] 5 Douglas A. Rettew (Pro Hac Vice atr:lication in process)

Julia Anne Matheson (SBN 214163 6 FINNEGAN, HENDERSON, FA BOW,

GARRETT & DUNNER, L.L.P. 7 901 New York Avenue, N.W.

Washington, DC 20001 8 Telephone: (202) 408.4000

FacsImile: (202) 408.4400 9 Email: [email protected]

Email: [email protected] 10

Attorneys for Comedy Playground, LLC 11

12

13

14

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

15 COMEDY PLAYGROUND, LLC, a 16 California limited liability company,

17

18 v.

Plaintiff,

NBCUNIVERSAL MEDIA, LLC, a 19 Delaware limited liability company, 20

21

22

Defendant.

Case No.: 2:14-CIV-03110

COMPLAINT FOR FEDERAL AND STATE TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION DEMAND FOR JURY TRIAL

23 Plaintiff Comedy Playground, LLC, by its undersigned attorneys, alleges as

24 follows, upon actual knowledge with respect to itself and its own acts, and upon

25 information and belief as to all other matters: 26

27 1.

NATURE OF THE ACTION This is a civil action for trademark infringement and unfair competition

28 under federal and state law.

Case 2:14-cv-03110-MRP-MAN Document 1 Filed 04/23/14 Page 1 of 13 Page ID #:1

1 Alan Jay Weil (SBN 63153) GAIMS WElL WEST LLtf

2 1875 Century Park East, 12 Floor Los Angeles, California 90067-2513

3 Telephone: (310) 407-4526 FacsImile: (31Q) 277-2133

4 Email: [email protected] 5 Douglas A. Rettew (Pro Hac Vice atr:lication in process)

Julia Anne Matheson (SBN 214163 6 FINNEGAN, HENDERSON, FA BOW,

GARRETT & DUNNER, L.L.P. 7 901 New York Avenue, N.W.

Washington, DC 20001 8 Telephone: (202) 408.4000

FacsImile: (202) 408.4400 9 Email: [email protected]

Email: [email protected] 10

Attorneys for Comedy Playground, LLC 11

12

13

14

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

15 COMEDY PLAYGROUND, LLC, a 16 California limited liability company,

17

18 v.

Plaintiff,

NBCUNIVERSAL MEDIA, LLC, a 19 Delaware limited liability company, 20

21

22

Defendant.

Case No.: 2:14-CIV-03110

COMPLAINT FOR FEDERAL AND STATE TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION DEMAND FOR JURy TRIAL

23 Plaintiff Comedy Playground, LLC, by its undersigned attorneys, alleges as

24 follows, upon actual knowledge with respect to itself and its own acts, and upon

25 information and belief as to all other matters: 26

27 1.

NATURE OF THE ACTION This is a civil action for trademark infringement and unfair competition

28 under federal and state law.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22 23

24

25

26

2. While this case involves comedy, it's no laughing matter. For over a decade, Plaintiff Comedy Playground has creatively employed the medium of

comedy to train youth, business people, and senior citizens alike in the skills of

public performance, comic timing, self esteem, public speaking, team building, and

personal achievement. Designed to appeal to participants of all ages, ethnicities, and

cultural backgrounds, Comedy Playground' s programs have been implemented

regionally, nationally, and internationally, and enjoy a strong base of support among parents, educators, and comedic professionals alike. Comedy Playground alumni

have gone on to professional entertainment careers, including the comedy club

circuit, television commercials, successful sitcoms, and feature films.

3. Ironically, despite Comedy Playground's longstanding nationwide

rights in the COMEDY PLAYGROUND name and mark, NBC has adopted the

identical name and mark for its own nationwide contest to identify fresh, comedic

talent for new television comedies to air on NBC television networks. The harm

caused by NBC's actions to Comedy Playground and its reputation is devastating and

irreversible. Even though NBC's contest has not yet formally begun, Comedy

Playground has already experienced multiple instances of actual confusion. If

permitted to continue, NBC's use of the COMEDY PLAYGROUND name and mark

will deceive the public about the relationship of the parties and effectively obliterate

Comedy Playground's hard earned reputation and goodwill.

THE PARTIES 4. Plaintiff Comedy Playground, LLC is a California limited liability

company with a principal place of business at 236 N. Catalina Avenue, Pasadena,

California 91106.

5. Defendant NBCUniversal Media, LLC is a Delaware limited liability

company, with a principal place of business at 30 Rockefeller Plaza New York, NY 27 10112. 28

2


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22 23

24

25

26

2. While this case involves comedy, it's no laughing matter. For over a decade, Plaintiff Comedy Playground has creatively employed the medium of

comedy to train youth, business people, and senior citizens alike in the skills of

public performance, comic timing, self esteem, public speaking, team building, and

personal achievement. Designed to appeal to participants of all ages, ethnicities, and

cultural backgrounds, Comedy Playground's programs have been implemented

regionally, nationally, and internationally, and enjoy a strong base of support among parents, educators, and comedic professionals alike. Comedy Playground alumni

have gone on to professional entertainment careers, including the comedy club

circuit, television commercials, successful sitcoms, and feature films.

3. Ironically, despite Comedy Playground's longstanding nationwide

rights in the COMEDY PLAYGROUND name and mark, NBC has adopted the

identical name and mark for its own nationwide contest to identify fresh, comedic

talent for new television comedies to air on NBC television networks. The harm

caused by NBC's actions to Comedy Playground and its reputation is devastating and

irreversible. Even though NBC's contest has not yet formally begun, Comedy

Playground has already experienced multiple instances of actual confusion. If

permitted to continue, NBC's use of the COMEDY PLAYGROUND name and mark

will deceive the public about the relationship of the parties and effectively obliterate

Comedy Playground's hard earned reputation and goodwill.

THE PARTIES 4. Plaintiff Comedy Playground, LLC is a California limited liability

company with a principal place of business at 236 N. Catalina Avenue, Pasadena,

California 91106.

5. Defendant NBCUniversal Media, LLC is a Delaware limited liability

company, with a principal place of business at 30 Rockefeller Plaza New York, NY 27 10112. 28

2

1 JURISDICTION AND VENUE 2 6. This action arises under the federal Trademark Act, 15 U.S.C. 1051, 3

et seq. 4

7. This Court has jurisdiction over the subject matter of this action 5 pursuant to 15 U.S.C. 1121 and 28 U.S.C. 1331 and 1338(a)-(b). This Court 6

7

8

9

10

11

12

13

14

also has diversity jurisdiction under 28 U.S.C. 1332 because Comedy Playground and NBC reside in different states, namely, California and New York, respectively,

and the amount in controversy exceeds $75,000 exclusive of interest and costs. This court has personal jurisdiction over Defendant, and venue is proper in the Central District of California pursuant to 28 U .S.C. 1391(b) and (c). Defendant is doing business in this District, and a substantial portion of Defendant's unlawful activities

has taken place in this District.

COMEDY PLAYGROUND AND ITS FEDERALLY REGISTERED "COMEDY PLAYGROUND" TRADEMARK

15 8. Founded in Los Angeles in 2002 at the McCadden Theater In

16 Hollywood, and offering on-going performances from the world-famous Hollywood

17 Improv since 2004, Comedy Playground is an entertainment company that provides

18 comedy seminars, classes, coaching, and performance opportunities in the field of

19 comedy.

20 9. Comedy Playground is run by professional comediennes; its founder

21 boasts such comedy credits as The Improv, The Comedy Store, Comedy Union, and

22 Laugh Factory, among dozens of other venues. Its student body spans all ages and

23 demographics, from teens, to corporations, to senior citizens. And its alumni have

24 gone on to the professional comedy club circuit as well as successful sitcoms and

25 feature films.

26 10. Comedy Playground has used COMEDY PLAYGROUND as both its

27 name and service mark since its inception in 2002.

28 11. Comedy Playground registered the "comedyplayground.com" domain

3


1 JURISDICTION AND VENUE 2 6. This action arises under the federal Trademark Act, 15 U.S.C. 1051, 3

et seq. 4 7. This Court has jurisdiction over the subject matter of this action 5 pursuant to 15 U.S.C. 1121 and 28 U.S.C. 1331 and 1338(a)-(b). This Court 6

7

8

9

10

11

12

13

14

15

also has diversity jurisdiction under 28 U.S.C. 1332 because Comedy Playground and NBC reside in different states, namely, California and New York, respectively,

and the amount in controversy exceeds $75,000 exclusive of interest and costs. This court has personal jurisdiction over Defendant, and venue is proper in the Central District of California pursuant to 28 U .S.C. 1391(b) and (c). Defendant is doing business in this District, and a substantial portion of Defendant's unlawful activities

has taken place in this District.

COMEDY PLAYGROUND AND ITS FEDERALLY REGISTERED "COMEDY PLAYGROUND" TRADEMARK

8. Founded in Los Angeles in 2002 at the McCadden Theater III

16 Hollywood, and offering on-going performances from the world-famous Hollywood

17 Improv since 2004, Comedy Playground is an entertainment company that provides

18 comedy seminars, classes, coaching, and performance opportunities in the field of

19 comedy.

20 9. Comedy Playground is run by professional comediennes; its founder

21 boasts such comedy credits as The Improv, The Comedy Store, Comedy Union, and

22 Laugh Factory, among dozens of other venues. Its student body spans all ages and

23 demographics, from teens, to corporations, to senior citizens. And its alumni have

24 gone on to the professional comedy club circuit as well as successful sitcoms and

25 feature films.

26 10. Comedy Playground has used COMEDY PLAYGROUND as both its

27 name and service mark since its inception in 2002.

28 11. Comedy Playground registered the "comedyplayground.com" domain

3

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26 27

28

name in October 2002, and has operated an active website at that location since its

launch. It has also maintained an active online presence across social media

channels including a Facebook page, communications on Twitter using the

"#comedyplayground" hashtag, and on Y ouTube both through general postings and

via its own channel.

- ",Up t/(omedypiayground.com p. I ~ X - j HomeP.g. - Come,. x File Edit View favoriln Tools Help

x Go '6 comedy playground 'J Search , NI II Shar. f!i1o . !11 Chedt Tr.osIat. ' Autofill comedy playground Q Suggffiod Sit

0"'$

-- -1fgr.-sghIIu,JOI'

more

Horne About Claues Slog Chanty EVI!nts Gall~ry News Contact

Wh.'U People Student are Sa)'lng ShoWQS(\ flQn, ,"OflUl'wordW( 0wIdr"'_'" ..... -... t .... 'Iic;kQs of CIt. p.Kt and

~""""O", paOMn"~

n10fe

Vodeos

COMEDY PLAYGROUND

:11 a.nC} '" 'Its

Folio "me'

mOf'"

'?-' .. __ t;:;;li~"'~;~ "- . . ~ . I J9PM ~~"~~' ~1~ ' .... ' ~' " ' I . 4/)}/lOt.l

12. In the more than a decade since its launch, Comedy Playground has

been an active contributor to charitable causes, through its hosting and production of

live fund-raising events, and by bringing its special brand of humor and compassion

to charities including Children Affected by Aids, the Cancer Awareness Club, A Place Called Home (a charity serving youth in South Central, LA), Legacy LA (a community-based non-profit focused on youth development in East, LA), the Teak Fellowship (a NYC-based community organization); and others.

4


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26 27

28

name in October 2002, and has operated an active website at that location since its

launch. It has also maintained an active online presence across social media

channels including a Facebook page, communications on Twitter using the

"#comedyplayground" hashtag, and on Y ouTube both through general postings and

via its own channel.

- "up: '(omedypiaygrOllnd.rom p 9 C. X - I Home Page Cme ... x File Edit Virw FaYOl'1tet Tools Htlp

" Go W' comedy plal'9,ound JI Sutch Nl IiiI SI>a'" !II) . !!II Chedt Translate " Autoflll comedy playground "t ~ SUggested Sites

Home About Cl.lss~s 810g Ch~rlry E\II!nts Gallery News Cont.'lCt

f t t i ~ .. ~ l "1, i

1 13. Comedy Playground has also dedicated significant time and resources 2

to youth in the Los Angeles area, offering on-site programs in local schools, and to 3 disadvantaged inner-city and at-risk kids through local organizations such as the 4 Hollywood YMCA, the Hollywood Boys and Girls Club, Los Angeles Hollygrove, 5

as well as extending scholarship opportunities to children working with inner-city 6

community organizations. 7 14. Over the years since its inception, numerous high-profile comedians 8 have contributed both their time and considerable talent to furthering Comedy 9 Playground's youth-based community and charitable efforts, both as supporters and

10 guest speakers/artists. 15. Comedy Playground owns the following valid, subsisting federal

12 trademark registration for its COMEDY PLA YGROUND mark for its vanous

11

13

14

15 16 17 18 19 20 21 22 23 24 25 26 27 28

entertainment and educational services, the details of which appear below:

Mark

COMEDY PLAYGROUND

Reg. No.! Reg. Date

3465170

July 15, 2008

Goods

EducatIOnal serVIces, namely, conducting classes seminars and workshops in t~~ fiel~ of c0!lle~y, stand up comeay, wntmg, ImprOVIsatIOn and performance and distrioution of course material in connection therewith; Educational services, namely, conducting classes seminars and workshops in t~~ fiel.d of c0!lle~y, stand up comeay, wntmg, ImprOVIsatIOn and performance; Entertainment in the nature of live comedy shows, including stand up comedy, improvisational comedy and sketch comedy; Entertainment Services, namely, providing a website featuring, photographic, audio; video and prose presentatIOns featunng comedy workshops and performances; Workshops and seminars in the field of

~omedy, st~nd up comedy, writing, ImprOVIsatIOn and performance.

5


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

13. Comedy Playground has also dedicated significant time and resources

to youth in the Los Angeles area, offering on-site programs in local schools, and to

disadvantaged inner-city and at-risk kids through local organizations such as the

Hollywood YMCA, the Hollywood Boys and Girls Club, Los Angeles Hollygrove,

as well as extending scholarship opportunities to children working with inner-city

community organizations.

14. Over the years since its inception, numerous high-profile comedians

have contributed both their time and considerable talent to furthering Comedy

Playground's youth-based community and charitable efforts, both as supporters and

guest speakers/artists.

15. Comedy Playground owns the following valid, subsisting federal

trademark registration for its COMEDY PLAYGROUND mark for its vanous

entertainment and educational services, the details of which appear below:

Mark

COMEDY PLAYGROUND

Reg. No.! Reg. Date

3465170

July 15, 2008

Goods

EducatIOnal serVIces, namely, conducting classes seminars and workshops in the field of comedy, stand up comeay, writing, improvisation and performance and distriDution of course material in connection therewith; Educational services, namely, conducting classes seminars and workshops in t~t? fiel.d of co~e~y, stand up comeay, wntmg, ImprOVIsatIOn and performance; Entertainment in the nature of live comedy shows, including stand up comedy, improvisational comedy and sketch comedy; Entertainment Services, namely, providing a website featuring, photographic, audio" video and prose presentatIOns featurmg comedy workshops and performances; Workshops and seminars in the field of

~omedy, st~nd up comedy, writing, ImprOVIsatIOn and performance.

5

1

2 3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22 23

24

25

26 27

28

(A printout of this registration from the United States Patent and Trademark Office online database is attached as Exhibit A.)

16. Comedy Playground's registration for its COMEDY PLAYGROUND

mark constitutes prima facie evidence of the validity of that mark, of Comedy

Playground's ownership of that mark, and of Comedy Playground's exclusive right

to use that mark.

DEFENDANT AND ITS WRONGFUL ACTS

17. On April 8, 2014, NBC announced the launch of COMEDY

PLAYGROUND, "a contest intended to identify talent for the development of two

new television comedies for the NBC television network." NBC subsequently

launched a website devoted to the contest at www.nbccomedyplayground.com. A

page capture of that page is below:

file Edit View Favontes Took H~p C ~ colTlQdy playground ~ ' .. S..,ch - - 91 a Shore - jill - ~ Chod< - II Tronsiot. - AuIofili - comedy ployground

WELCOME TO THE NBC COMEDY PLAYGROUND

00 you have a ground-breakinc comtdy idea? We're listeninll Oorcoalls to discover fresh , comedic voices in an innovative, new way. Here's how it works:

lOn-AIr Wirm .... Product Their Conwdi"

I 1 Di&itat Winner

Product'S His/Htr Conwdy

I .., I """'" l ............

6

. ~ ShowPreml.m

on NBC

~ Showo.butlf,

Online

Signln ".


1

2 3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22 23

24

25

26 27

28

(A printout of this registration from the United States Patent and Trademark Office online database is attached as Exhibit A.)

16. Comedy Playground' s registration for its COMEDY PLAYGROUND

mark constitutes prima facie evidence of the validity of that mark, of Comedy

Playground's ownership of that mark, and of Comedy Playground's exclusive right

to use that mark.

DEFENDANT AND ITS WRONGFUL ACTS

17. On April 8, 2014, NBC announced the launch of COMEDY

PLAYGROUND, "a contest intended to identify talent for the development of two

new television comedies for the NBC television network." NBC subsequently

launched a website devoted to the contest at www.nbccomedyplayground.com. A

page capture of that page is below:

P G x II Comody PlllYllround ~ File EdIt VlftW Favootes ToOO H~p x C comedy playground ' I s..rth 1i II Shot. 10 ~ Ched< Tronslot. ' Autofill comody pIoj9round Sign In ".

~ Suo9estod SItfl

WELCOME TO THE NBC COMEDY PLAYGROUND

Do you hive., &:found-breakin& comtdy ide,,? We're listeninal Our coal is to discover fresh. comedic voice in 3n innovative, new way. Here's how it \Yorks:

& . ~ 1 On-Afr Win"tr' Show Premllru

Product Their CoCMdia on NBC

~ 1 Oi&Jtal Winner ShOW Debut,

Produ(lts HislH~ COrMdy Online

I ,., I ""'" I """" .....

6

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27 28

18. Under its rules, COMEDY PLAYGROUND contestants submit

samples of their existing comedy work, sitcom pitch, and resume. After several

rounds of judging, an Advisory Board-comprised of "today's top names in comedy"- will choose two on-air winners. From the remaining finalists, the public

will choose a "digital winner."

19. Each of the two on-aIr WInners will have his or her sitcom pitch

developed into a television show by NBC. And the digital winner will have his or

her sitcom pitch developed into a "Digital Program" for online broadcast.

20. According to NBC's website, the COMEDY PLAYGROUND contest

will formally launch on May 1, 2014 at 12:00 am EST and end "the date that the

Digital Winner is chosen." The submission period is due to run from May 1, 2014

through June 30, 2014.

21. Since its introduction of the contest on April 8, 2014, NBC's contest

has been the subject of numerous articles in the entertainment press and constant coverage in the same social media channels used by Comedy Playground.

22. In the short time since its announcement, NBC's COMEDY

PLAYGROUND has already caused actual confusion with Comedy Playground.

Comedy Playground has received multiple communications through its website and

social media channels from consumers who mistakenly believe that Comedy

Playground is responsible for or involved with the NBC promotion.

23. Today, as a result of NBC's actions, consumers searching for Comedy

Playground on the Internet will be flooded with pages of listings of articles,

sponsored links, advertisements, and information, all about NBC' s contest.

7


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

18. Under its rules, COMEDY PLAYGROUND contestants submit

samples of their existing comedy work, sitcom pitch, and resume. After several

rounds of judging, an Advisory Board-comprised of "today's top names in comedy"-will choose two on-air winners. From the remaining finalists, the public

will choose a "digital winner."

19. Each of the two on-air winners will have his or her sitcom pitch

developed into a television show by NBC. And the digital winner will have his or

her sitcom pitch developed into a "Digital Program" for online broadcast.

20. According to NBC's website, the COMEDY PLAYGROUND contest

will formally launch on May 1, 2014 at 12:00 am EST and end "the date that the

Digital Winner is chosen." The submission period is due to run from May 1, 2014

through June 30, 2014.

21. Since its introduction of the contest on April 8, 2014, NBC's contest

has been the subject of numerous articles in the entertainment press and constant coverage in the same social media channels used by Comedy Playground.

22. In the short time since its announcement, NBC's COMEDY

PLAYGROUND has already caused actual confusion with Comedy Playground.

Comedy Playground has received multiple communications through its website and 19

social media channels from consumers who mistakenly believe that Comedy 20 Playground is responsible for or involved with the NBC promotion.

23. Today, as a result of NBC's actions, consumers searching for Comedy 22 Playground on the Internet will be flooded with pages of listings of articles,

21

23

24

25

26

27 28

sponsored links, advertisements, and information, all about NBC's contest.

7

1

2 3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20 21

22 23

24

25

26 27 28

-J hnp:, comedyplayground.com I Home Paoe Come." X

Sic J comedy playground Suggested Sites

' I Search ' . I ~ iii Share ' ~ . .A- Check ' II Translate' , AutoFili comedy

About 31,600.000 results (0 33 seconds)

NBC Comedy Playground - NBCComedyPlayground.com WWlY nbccomedyplayground coml 9

Make Your Big Idea The Next Comedy Hit on NBCI SUbmiSSionS Begin May 1

Comedy Playground: Home Page comedyplayground com! 9 Comedy Playground IS a teen & pre teen comedy program where you can dlSCoyer create. and explore your own vOIce through the platform of comedy

NBC Creates 'Comedy Playground' Initiative to Launch Two .. , 'V\WI hoiiylYoodreporter.com! .lnbe-createsco The Hollywood Reporter Apr 8. 2014 Billed as a "grassroots l",hallYe: NBC Comedy Playground is a nahonal campaign designed 10 give aspiring comedy wnters In the U S the

NBC Seeks TV Comedy Talent for New 'Playground' I Variety vanery com! l do.notpost.nbc-comedyplaygroundIOItlative-to-. Vallety Apr 8, 2014 The Comedy Playground eifortls part of NBC Entertainment prexy JenOlfer Salke's eifort 10 find creatrve ways to develop new matenal for the

Comedy Playground ,V\V\Y nbccomedyplayground com! Your big Idea could be the next big comedy hit on NBCI Submit onhne on May 1

NBC Comedy Playground Contest - How To Submit .. Mine comI2014/04/081nbccomedy-conlestplayground-detallsl 9 NUne Apr 8,2014 NBC Comedy Playground Have a killer Idea for a new sitcom? NBC IS all ears The network on Tuesday announced the launch of NBC

NBC asks viewers for better sitcom ideas I Inside TV I EW.com Insldelv ew coml201"' .. lnbe-sotcom-cont Enlertalnmenl Weekly by James H bbem 10 60 GoogI.,. ell s Apr 8,2014 The Inlllahve. dubbed "NBC Comedy Playground: pledges to reach beyond the ltadrtlonal talent labs of film schools and comedy clubs by

NBC Creates Playground To Lure Comedy Writers Outside ... VN/W deadhne comI. I nbc-createsplayground-to-Iurecom. Deadline com Apr 8,2014 NBC wants to find fresh COmedIC VOICes NBC's Entertalnmenl President JenOlfer Salke today announced "NBC Comedy Playground " whICh

NBC Creates Comedy Playground to Discover New Talent grandand com/hollywood-prospectuslnbc-comedyplaygroundl Apr 9.2014 So the networt

1

2 3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

INJURY TO COMEDY PLAYGROUND AND THE PUBLIC 24. If not stopped, NBC's use of COMEDY PLAYGROUND is likely to

continue to cause confusion, mistake, and deception as to the source or origin of

NBC's contest, and is likely to falsely suggest a sponsorship, connection, license, or

association between NBC and/or its contest with Comedy Playground, thereby

injuring Comedy Playground, and the public. 25. NBC's actions are also likely to cause "reverse confusion," i.e., NBC

will so saturate the market with its COMEDY PLAYGROUND mark that Comedy

Playground's reputation and goodwill will be dwarfed and consumers will

erroneously believe that Comedy Playground's services emanate from or are

sponsored by NBC.

26. NBC's activities have caused, and unless immediately enjoined will continue to cause, irreparable harm to Comedy Playground and its federally

registered COMEDY PLAYGROUND mark.

27. NBC ' s activities have caused, and unless immediately enjoined will continue to cause, irreparable harm to both Comedy Playground and consumers, who

have an interest in being free from confusion, mistake, and deception.

28. Comedy Playground has suffered actual damages to be proven at trial.

29. Comedy Playground has no adequate remedy at law.

FIRST CLAIM FOR RELIEF Federal Trademark Infringement under

Section 32(1) of the Lanham Act, 15 U.S.C. 1114(1) 23 30. Comedy Playground repeats and realleges each and every allegation set

24 forth in paragraphs 1 through 29 of this Complaint.

25 31. NBC is using in commerce Comedy Playground's registered

26 COMEDY PLAYGROUND trademark in connection with the sale, offer for sale,

27 distribution, and advertising of services in a manner that is likely to cause confusion,

28 or to cause mistake, or to deceive, in violation of Section 32(1) of the Lanham Act,

9


1

2 3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

INJURY TO COMEDY PLAYGROUND AND THE PUBLIC 24. If not stopped, NBC's use of COMEDY PLAYGROUND is likely to

continue to cause confusion, mistake, and deception as to the source or origin of

NBC's contest, and is likely to falsely suggest a sponsorship, connection, license, or

association between NBC and/or its contest with Comedy Playground, thereby

injuring Comedy Playground, and the public. 25. NBC's actions are also likely to cause "reverse confusion," i.e., NBC

will so saturate the market with its COMEDY PLAYGROUND mark that Comedy

Playground's reputation and goodwill will be dwarfed and consumers will

erroneously believe that Comedy Playground's services emanate from or are

sponsored by NBC.

26. NBC's activities have caused, and unless immediately enjoined will continue to cause, irreparable harm to Comedy Playground and its federally

registered COMEDY PLAYGROUND mark.

27. NBC ' s activities have caused, and unless immediately enjoined will continue to cause, irreparable harm to both Comedy Playground and consumers, who

have an interest in being free from confusion, mistake, and deception.

28. Comedy Playground has suffered actual damages to be proven at trial.

29. Comedy Playground has no adequate remedy at law.

FIRST CLAIM FOR RELIEF Federal Trademark Infringement under

Section 32(1) of the Lanham Act, 15 U.S.C. 1114(1) 23 30. Comedy Playground repeats and realleges each and every allegation set


25 31. NBC is using in commerce Comedy Playground's registered

26 COMEDY PLAYGROUND trademark in connection with the sale, offer for sale,

27 distribution, and advertising of services in a manner that is likely to cause confusion,

28 or to cause mistake, or to deceive, in violation of Section 32(1) of the Lanham Act,

9

1 15 U.S.C. 1114(1).

2 SECOND CLAIM FOR RELIEF 3 Federal Trademark Infringement, False Designation of Origin,

Passing Off, and Unfair Competition under Section 43(a)(1)(A) of the Lanham Act, 15 U.S.C. 1125(a)(1)(A) 4

5 32. Comedy Playground repeats and realleges each and every allegation set


7 33. NBC is using in 'commerce a word, term, name, and false designation

8 of origin that, in connection with its commercial activities, is likely to cause

9 confusion, or to cause mistake, or to deceive as to the affiliation, connection, or

10 association of NBC with Comedy Playground, or as to the origin, sponsorship, or

11 approval of NBC, its products, and its commercial activities by or with Comedy

12 Playground (or vice versa), in violation of Section 43(a)(1)(A) of the Lanham Act, 15 13 U.S.C. 1125(a)(1)(A). 14

15

THIRD CLAIM FOR RELIEF Unfair Competition under California's Unfair Trade Practices Statute

Section 17200 et seq. of the Cal. Bus. & Prof. Code 16 34. Comedy Playground repeats and realleges each and every allegation set


18 35. In connection with the sale and distribution of the infringing products,

19 NBC has engaged in unfair methods of competition, including unlawful, unfair,

20 and/or fraudulent acts or practices in the conduct of trade and commerce, and unfair,

21 deceptive, untrue, and/or misleading advertising, in violation of Section 17200 et seq.

22 of the Cal. Bus. & Prof. Code. 23 FOURTH CLAIM FOR RELIEF

Common Law Trademark Infringement and Unfair Competition 36. Comedy Playground repeats and realleges each and every allegation set

24


26 37. NBC's activities described above constitute common law trademark

27 infringement and misappropriation of the goodwill associated with Comedy

28 Playground's COMEDY PLAYGROUND trademark, and constitute unfair

10


1 15 U.S.C. 1114(1).

2 SECOND CLAIM FOR RELIEF 3 Federal Trademark Infringement, False Designation of Origin,

Passing Off, and Unfair Competition under Section 43(a)(1)(A) of the Lanham Act, 15 U.S.C. 1125(a)(1)(A) 4

5 32. Comedy Playground repeats and realleges each and every allegation set


7 33 . NBC is using in 'commerce a word, term, name, and false designation

8 of origin that, in connection with its commercial activities, is likely to cause

9 confusion, or to cause mistake, or to deceive as to the affiliation, connection, or

10 association of NBC with Comedy Playground, or as to the origin, sponsorship, or

11 approval of NBC, its products, and its commercial activities by or with Comedy

12 Playground (or vice versa), in violation of Section 43(a)(1)(A) of the Lanham Act, 15 13 U.S.C. 1125(a)(1)(A). 14

15

THIRD CLAIM FOR RELIEF Unfair Competition under California's Unfair Trade Practices Statute

Section 17200 et seq. of the Cal. Bus. & Prof. Code 16 34. Comedy Playground repeats and realleges each and every allegation set


18 35. In connection with the sale and distribution of the infringing products,

19 NBC has engaged in unfair methods of competition, including unlawful, unfair,

20 and/or fraudulent acts or practices in the conduct of trade and commerce, and unfair,

21 deceptive, untrue, and/or misleading advertising, in violation of Section 17200 et seq.

22 of the Cal. Bus. & Prof. Code. 23 FOURTH CLAIM FOR RELIEF

24 Common Law Trademark Infringement and Unfair Competition

36. Comedy Playground repeats and realleges each and every allegation set 25

forth in paragraphs 1 through 35 of this Complaint. 26

37. NBC's activities described above constitute common law trademark 27

infringement and misappropriation of the goodwill associated with Comedy 28

Playground's COMEDY PLAYGROUND trademark, and constitute unfair

10

1

2 3

4

5

6

7

competition in violation of California common law.

PRAYER FOR RELIEF Comedy Playground requests that this Court enter judgment in its favor on

each and every claim for relief set forth above and award it relief including, but not

limited to, the following:

A. An Order holding that NBC's actions described above infringe and

dilute Comedy Playground's COMEDY PLAYGROUND trademark, and that NBC's 8

actions thus constitute federal and state trademark infringement and unfair 9

competition as detailed above. 10

11

12

13

14

15

16

17

18

19

20 21

22 23

24 25

B. An Order preliminarily and permanently enjoining NBC, its employees, agents, officers, directors, shareholders, subsidiaries, related companies, affiliates,

distributors, dealers, and all persons in active concert or participation with any of

them:

(1) From usmg the COMEDY PLAYGROUND mark, or any other trademarks, trade names, logos, and other names or identifiers that are

confusingly similar to or dilutive of the COMEDY PLAYGROUND

mark, in any manner or form, with any products or services (or vice versa).

(2) From representing or suggesting, by any means whatsoever, directly or indirectly, that NBC, any products offered by NBC, or any activities

undertaken by NBC, are sponsored or approved by, or are associated,

affiliated, or connected with Comedy Playground in any way (or vice versa).

C. An Order requiring NBC to deliver for destruction all products and

associated materials containing or referring to the infringing mark in its possession, 26

custody, or control,. or in the possessiOI!-, custody, or control of any of its agents or 27

representatives. 28

D. An Order requiring NBC to deliver for destruction all advertisements,

11


1

2 3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20 21

22 23

24 25

competition in violation of California common law.

PRAYER FOR RELIEF Comedy Playground requests that this Court enter judgment in its favor on

each and every claim for relief set forth above and award it relief including, but not

limited to, the following:

A. An Order holding that NBC' s actions described above infringe and

dilute Comedy Playground's COMEDY PLAYGROUND trademark, and that NBC's

actions thus constitute federal and state trademark infringement and unfair

competition as detailed above.

B. An Order preliminarily and permanently enjoining NBC, its employees, agents, officers, directors, shareholders, subsidiaries, related companies, affiliates,

distributors, dealers, and all persons in active concert or participation with any of

them:

(1) From usmg the COMEDY PLAYGROUND mark, or any other trademarks, trade names, logos, and other names or identifiers that are

confusingly similar to or dilutive of the COMEDY PLAYGROUND

mark, in any manner or form, with any products or services (or vice versa).

(2) From representing or suggesting, by any means whatsoever, directly or indirectly, that NBC, any products offered by NBC, or any activities

undertaken by NBC, are sponsored or approved by, or are associated,

affiliated, or connected with Comedy Playground in any way (or vice versa).

C. An Order requiring NBC to deliver for destruction all products and

associated materials containing or referring to the infringing mark in its possession, 26

custody, or control,. or in the possessio1!-, custody, or control of any of its agents or 27

representatives. 28

D. An Order requiring NBC to deliver for destruction all advertisements,

11

1

2 3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

promotional materials, labels, signs, pictures, and any other materials containing

infringing mark in its possession, custody, or control, or in the possession, custody,

or control of any of its agents or representatives.

E. An Order directing NBC to file with this Court and serve on Comedy

Playground's attorneys; within thirty (30) days after the date of entry of any injunction, a report in writing and under oath setting forth in detail the manner and form in which they have complied with this injunction.

F. An Order requiring NBC to account for and pay to Comedy Playground

any and all profits arising from NBC's unlawful acts and that such profits be

increased in accordance with 15 U.S.C. 1117 and other applicable laws. G. An Order requiring NBC to pay Comedy Playground damages in an

amount to be determined, and that such damages be trebled in accordance with 15

U.S.C. 1117 and other applicable laws. H. An Order requiring NBC to pay Comedy Playground its costs and

attorneys ' fees in this action pursuant to 15 U.S.C. 1117 and other applicable laws. 1. Any such other relief as the Court may deem appropriate.

18 Dated: April Z3, 2014 19

20

21

22 23

24

25

26

27

28

By: ~~~~~+-____________ ___

ALAN JA ElL (SBN 63153) GAIMS WElL WEST LLf 1875 Century Park East, It Floor Los Angeles, California 90067-2513

Douglas A. Rettew (Pro Hac Vice in process) Julia Anne Matheson (SBN 214163) -FINNEGAN, HENDERSON, FAMBOW,

GARRETT & DUNNER, L.L.P. 901 New York Avenue, N.W. Washington, DC 20001

12


1

2 3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

promotional materials, labels, signs, pictures, and any other materials containing

infringing mark in its possession, custody, or control, or in the possession, custody,

or control of any of its agents or representatives.

E. An Order directing NBC to file with this Court and serve on Comedy

Playground's attorneys, within thirty (30) days after the date of entry of any injunction, a report in writing and under oath setting forth in detail the manner and form in which they have complied with this injunction.

F. An Order requiring NBC to account for and pay to Comedy Playground

any and all profits arising from NBC's unlawful acts and that such profits be

increased in accordance with 15 U.S.C. 1117 and other applicable laws. G. An Order requiring NBC to pay Comedy Playground damages in an

amount to be determined, and that such damages be trebled in accordance with 15

U.S.C. 1117 and other applicable laws. H. An Order requiring NBC to pay Comedy Playground its costs and

attorneys ' fees in this action pursuant to 15 U.S.C. 1117 and other applicable laws. I. Any such other relief as the Court may deem appropriate.

18 Dated: April t3, 2014 19

20

21

22 23

24

25

26

27

28

By: ~~~~~~ ____________ ___

ALAN JA EIL (SBN 63153) GAIMS WElL WEST LLf 1875 Century Park East, It Floor Los Angeles, California 90067-2513

Douglas A. Rettew (Pro Hac Vice in process) Julia Anne Matheson (SBN 214163) -FINNEGAN, HENDERSON, FA!UBOW,


12

DEMAND FOR JURY TRIAL 1 2 3

Plaintiff demands a jury trial on all claims and issues so triable.

4 Dated: April 13, 2014 5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22 23

24

25

26

27

28

LLP

By: ~~~~~~ ____________ _

ALAN J~ ElL (SBN 63153) GAIMS WElL WEST LLf 1875 Century Park East, It Floor Los Angeles, California 90067-2513

Douglas A. Rettew (Pro Hac Vice in process) Julia Anne Matheson (SBN 214163) -FINNEGAN, HENDERSON, FARABOW,


13


DEMAND FOR JURY TRIAL 1 2 3

Plaintiff demands a jury trial on all claims and issues so triable.

4 Dated: April 13, 2014 5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22 23

24

25

26

27

28

LLP

By: ~~~~~~ ____________ _

ALAN JA~ ElL (SBN 63153) GAIMS WElL WEST LLf 1875 Century Park East, It Floor Los Angeles, California 90067-2513

Douglas A. Rettew (Pro Hac Vice in process) Julia Anne Matheson (SBN 214163) -FINNEGAN, HENDERSON, FARABOW,


13

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA CIVIL COVER SHEET

I. (a) PLAINTIFFS ( Check box if you are representing yourself 0 ) DEFENDANTS ( Check box if you are representing yourself 0 ) COMEDY PLAYGROUND, LLC

(b) County of Residence of First Listed Plaintiff Los Angeles (EXCEPT IN u.s. PLAINTIFF CASES) (c) Attorneys (Firm Name, Address and Telephone Number) If you are representing yourself, provide the same information. Alan Jay Weil (SBN 63153) GAIMS WElL WESTLLP; Telephone (310) 407-4526 1875 Century Park East, Suite 1200 Los Angeles, California 90067

II. BASIS OF JURISDICTION (Place an X in one box only.)

o 1. U.s. Government Plaintiff

o 2. U.s. Government Defendant

[g] 3. Federal Question (U.s. Government Not a Party)

04. Diversity (Indicate Citizenship of Parties in Item III)

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

NBCUNIVERSAL MEDIA, LLC

County of Residence of First Listed Defendant

(IN U.S. PLAINTIFF CASES ONL Y) Attorneys (Firm Name, Address and Telephone Number) If you are representing yourself, provide the same information.

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

PTF DEF PTF DEF o 1 0 1 Incorporated or Principal Place [RJ 4 0 of Business in this State 4 Citizen ofThis State

Citizen of Another State 0 2 0 2 Incorporated and Principal Place 0 5 [RJ 5 of Business in Another State

Citizen or Subject of a Foreign Country o 3 0 3 Foreign Nation

'xl 1. Original D 2. Removed from 0 3. Remanded from ~ Proceeding State Court Appellate Court

4 R . d 6. Multi-O . elnstate or 0 5. Transferred from Another D District Reopened District (Specify) Litigation V. REQUESTED IN COMPLAINT: JURY DEMAND: [g] Yes 0 No (Check "Yes" only if demanded in complaint.) CLASS ACTION under F.R.Cv.P. 23: DYes 0 No [g] MONEY DEMANDED IN COMPLAINT: $ >$75,000 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.) Trademark infringement, 15 USC 1114(l), 15 USC 1125(a)(1)(A); 28 USC 1332

VII. NATURE OF SUIT (Place an X in one box only).

375 False Claims Act Habeas Corpus: o 820 Copyrights 400 State 120 Marine o 463 Alien Detainee o 830 Patent Reapportionment o 510 Motions to Vacate

0 410 Antitrust o 130 Miller Act Sentence o 430 Banks and Banking 140 Negotiable o 530 General 0 Instrument o 535 Death Penalty o 450 Commerce/ICC 150 Recovery of Rates/Etc. 0 Overpayment & 0 460 Deportation Enforcement of 315 Airplane

470 Racketeer Influ-Judgment Product Liability

0 enced & Corrupt Org. 0 151 Medicare Act 0 320 Assault, Libel & Slander 0 480 Consumer Credit 152 Recovery of 330 Fed. Employers' 0 490 Cable/Sat TV 0 Defaulted Student 0 Liability Loan (Excl. Vet.) 870 Taxes (U.S. Plaintiff or

850 Securities/Com- O 340 Marine Defendant) 0 modities/Exchange 153 Recovery of 0 345 Marine Product 871 IRS-Third Party 26 USC o Overpayment of Liability 890 Other Statutory Vet. Benefits 423 Withdrawal 28 7609 0 Actions o 160 Stockholders' 0 350 Motor Vehicle 0 USC 157

0 891 Agricultural Acts Suits 0 355 Motor Vehicle 893 Environmental

Prod uct Liability 0 0 o 1900ther 360 Other Personal Matters Contract 0 Injury 0 441 Voting o 895 Freedom of Info. o 195 Contract 0 362 Personal Injury-Act Product Liability Med Malpratice o 442 Employment o 720 Labor/Mgmt.

o 896 Arbitration 365 Personal Injury- o 443 Housing/ Relations 0 196 Franchise 0 Product Liability Accommodations o 740 Railway Labor Act 899 Admin. Procedures 367 Health Carel 445 American with o 751 Family and Medical o Act/Review of Appeal of 0 210 Land 0 Pharmaceutical o Disabilities- Leave Act Agency Decision Condemnation Personal Injury Employment

o 220 Foreclosure Product Liability o 446 American with o 790 Other Labor Disabilities-Other Litigation o 950 Constitutionality of o 230 Rent Lease & 0 368 Asbestos o 791 Employee Ret. Inc. State Statutes Personal o 448 Education Security Act

FOR OFFICE USE ONLY: Case Number: CV-71 (11/13) CIVIL COVER SHEET Page 1 of3



VIII. VENUE: Your answers to the questions below will determine the division of the Court to which this case will most likely be initially assigned. This initial assignment is subject to change, in accordance with the Court's General Orders, upon review by the Court of your Complaint or Notice of Removal.

Question A: Was this case removed from state court?

INITIAL DIVISION IN CACD IS:

o Yes ~ No o Los Angeles Western If "no, " go to Question B. If "yes," check the box to the right that applies, enter the corresponding division in response to Question D, below, and skip to Section IX.

o Ventura, Santa Barbara, or San Luis Obispo Western o Orange o Riverside or San Bernardino

Question B: Is the United States, or one of ' its agencies or employees, a party to this action?

o Yes ~ No

If "no, " go to Question C. If "yes," check the box to the right that applies, enter the corresponding division in response to Question D, below, and skip to Section IX.

o Los Angeles D. Ventura, Santa Barbara, or San Luis

Obispo o Orange o Riverside or San Bernardino o Other

:lfc~~iV!;4;;ii~ihi";i .'. i ..... i.... . ..... . Then thetk the. !;>Pl\ below forth'ecounty in

'!'iwhich the majority.of PLAINTIFFS reside. o Los Angeles o Ventura, Santa Barbara, or San Luis

Obispo o Orange o Riverside or San Bernardino o Other

Southern

Eastern

INITIAL DIVISION IN

CACDIS:

Western

Western

Southern

Eastern

Western

C.l. Is either of the following true? If so, check the one that applies: C.2. Is either of the following true? If so, check the one that applies:

D 2 or more answers in Column C D only 1 answer in Column C and no answers in Column D

Your case will initially be assigned to the SOUTHERN DIVISION.

Enter "Southern" in response to Question D, below.

If none applies, answer question C2 to the right. ...

D 2 or more answers in Column D D only 1 answer in Column D and no answers in Column C

Your case will initially be assigned to the EASTERN DIVISION.

Enter "Eastern" in response to Question D, below.

If none applies, go to the box below. ~ Your case will initially be assigned to the

WESTERN DIVISION. Enter "Western" in response to Question D below.

Question 0: Initial Division? INITIAL DIVISION IN CACD

Enter the initial division determined by Question A, B, or C above: Western

F. Other

D D D

CV-71 (11/13) CIVIL COVER SHEET Page20f3



IX(a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? [8] NO DYES If yes, list case number(s):

IX(b). RELATED CASES: Have any cases been previously filed in this court that are related to the present case? [8] NO DYES If yes, list case number(s):

Civil cases are deemed related if a previously filed case and the present case:

(Check all boxes that apply) D 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 D C For other reasons would entail substantial duplication of labor if heard by different judges; or D D. Involve the same patent, trademark or copyright. and one of the factors identified above in a, b or c also is present.

X. SIGNATURE OF ATTORNEY (OR SELF-REPRESENTED LITIGANT): _/5_1 ________________ _ DATE: April 23, 2014

Notice to Counsel/Parties: The CV-71 (JS-44) 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. This form, approved by the Judicial Conference ofthe United States in September 1974, is required pursuant to Local Rule 3-1 is not filed but is 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 Security Cases:

Nature of Suit Code Abbreviation

861 HIA

862 BL

863 DIWC

863 DIWW

864 SSID

865 RSI

CV-71 (11113)

Substantive Statement of Cause of Action All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security 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))

All claims for "Black Lung" benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969. (30 U.s.C 923) All claims filed by insured workers for disability insurance be.nefits under Title 2 of the Social Security Act, as amended; plus all claims filed for child's insurance benefits based on disability. (42 U.s.C 405 (g))

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))

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

All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act, as amended. (42 U.S.C 405 (g))

CIVIL COVER SHEET Page30f3


Documents

Comedy Playground v. NBC Universal -Trademark Lawsuit