classmates memory lane

8/6/2019 Classmates Memory Lane

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Case 8:11-cv-00940-JST -MLG Document 1 Filed 06/23/11 Page 1 of 32 Page ID #:5


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COMPLAINT FOR FALSE DESIGNATION OF ORIGIN, UNFAIR COMPETITION, AND OTHER RELIEF

DEMAND FOR JURY TRIAL

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THE PARTIES

2. Plaintiff Memory Lane, Inc. is a California corporation with a principal place ofbusiness in Tustin, California.

3. On information and belief, defendant Classmates International, Inc., DoingBusiness As Classmates Online, Inc. is or purports to be a Delaware corporation having a

principle place of business in Renton, Washington.

4. On information and belief, defendant Memory Lane, Inc., Doing Business AsClassmates.com, is or purports to be a Washington corporation having a principle place of

business in Renton, Washington.

JURISDICTION AND VENUE

5. This Court has subject matter jurisdiction over this lawsuit under 28 U.S.C. 1338 because the action arises under the trademark laws of the United States, and pendant

jurisdiction of any and all state causes of action under 28 U.S.C. 1367.

6. This Court has personal jurisdiction over defendants because defendants havetransacted business in the Central District of California. Further, on information and belief, the

defendants systematically and continuously direct business activities toward and into the

Central District of California. In addition, actual confusion caused by defendants has occurredwithin the Central District of California.

7. Venue is proper and reasonable in this district under 28 U.S.C. 1391(b)(2)because a substantial part of the events or omissions giving rise to this claim for false

designation of origin and unfair competition occurred in this district and defendants have

significant contacts with the district.

FACTS

8. MEMORY LANE is a California corporation operating in the memorabiliaindustry and having a principal place of business at 12831 Newport Ave, Suite 180, Tustin,

California, 92780.

9. MEMORY LANE is the owner of the MEMORY LANE trademarks shown inExhibit A attached hereto. MEMORY LANE and its predecessors-in-interest began using the



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MEMORY LANE marks in commerce as a source designator at least as early as December 5,

2000. As such, they have established priority of use. The MEMORY LANE marks are

inherently distinctive and recognized by the relevant consuming public as plaintiffs marks.

10. Employees of MEMORY LANE have been contacted on numerous occasions bydefendants customers at the email address [email protected], an address

belonging to MEMORY LANE. These consumers are confused and mistakenly believe that

MEMORY LANE has defrauded them or is the source of credit card charges they wish to

dispute regarding transactions with defendants business activities. These customers mistakenly

believe that plaintiff Memory Lane, Inc. is, represents or is affiliated with defendants,

particularly CLASSMATES.COM. Plaintiff has also received numerous phone calls from

confused consumers having the incorrect belief that plaintiff is actually the defendant operating

the website at www.classmates.com.

11. These emails began occurring at least as early as February, 2011. These emailsevidence actual confusion among numerous consumers between the designations of plaintiffs

and defendants origins. A copy of one of these emails from a confused consumer is attached

hereto as Exhibit B.

12.

Defendants operate the website classmates.com. Defendants have recentlyexpanded their business into the memorabilia industry and now operate the website

memorylane.com. A screenshot of memorylane.com is attached hereto as Exhibit C. Moreover,

the defendants, on information and belief, have operated the website and the business in such a

matter that numerous consumers have accused the defendants of fraud and unfair business

practices. See Exhibit E attached hereto. On information and belief, the defendants

questionable business practices concurrent with the actual confusion caused by defendants use

of plaintiffs marks has damaged the goodwill of plaintiffs marks.

13. Defendants memorylane.com website offers memorabilia including sportsmemorabilia. Excerpts from defendants website promoting and offering memorabilia are

attached hereto as Exhibit D.

14. Defendants unlawful use of the MEMORY LANE mark has caused actual



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confusion amongst consumers and initial interest confusion as to the origin of their respective

products and services.

15. On information and belief, defendants have adopted the designation MEMORYLANE in a willful attempt to piggyback off of plaintiffs good will and reputation in the

memorabilia industry, and to divert business away from plaintiff and to defendants.

16. Additionally, defendants have caused reverse confusion amongst consumers,namely consumers falsely believe that plaintiff is the junior user of the MEMORY LANE

marks.

17. Plaintiff has been irreparably harmed and has suffered economic loss as well asthe loss of good will from defendants unlawful and willful acts. Because damages will

constitute an insufficient remedy, plaintiff requires equitable relief in the form of a permanent

injunction restraining defendants continued activity regarding the MEMORY LANE source

designation.

CLAIMS FOR RELIEF

First Claim for Relief

(False Designation of Origin 15 U.S.C. 1125)

18.

Plaintiff repeats and incorporates by reference the statements and allegations inparagraphs 1 to 17 of the Complaint as though fully set forth herein.

19. On information and belief, defendants willfully and intentionally adopted marksconfusingly similar to plaintiffs MEMORY LANE mark to steal plaintiffs goodwill.

20. Additionally, defendants have caused or are likely to have caused reverseconfusion amongst consumers, namely consumers falsely believe that plaintiff is the junior user

of the MEMORY LANE marks to plaintiffs detriment and derogation.

21. By reason of the foregoing and upon information and belief, defendants haveviolated Section 43 of the Lanham Act (15 U.S.C. 1125(a)) by using, in connection with their

goods and advertisements, false designations of origin which are likely to cause confusion or

cause mistake or to deceive as to the affiliation, connection, or association of MEMORY LANE

with defendants and as to the origin, sponsorship, or approval of defendants goods and



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commercial activities.

22. By reason of the foregoing unlawful acts recited in paragraphs 1-21, MEMORYLANE has been irreparably harmed and will continue to suffer damage until an appropriate

injunction and damage award, including increased treble damages and attorneys fees, are

imposed by this Court against defendants.

Second Claim for Relief

(State Law Unfair Competition)

23. Defendants acts, as set forth above in paragraphs 1-22 inclusive, constituteunfair competition as defined in California Business and Professions Code 17200, et seq., all

to the damage of plaintiff as previously alleged.

Third Claim for Relief

(Common Law Unfair Competition)

24. Plaintiff repeats and incorporates by reference the statements and allegations inparagraphs 1 to 23 of the Complaint as though fully set forth herein.

25. Defendants acts, as set forth above, constitute unfair competition as definedunder California common law, all to the damage of plaintiff as previously alleged.

PRAYER FOR RELIEFWHEREFORE, Plaintiff asks that this Court grant judgment against defendants for the

following:

A. Defendants, their officers, agents, servants, employees, and attorneys, and allpersons in active concert or participation with any of them, be temporarily restrained,

and preliminarily and permanently enjoined from:

i. infringing plaintiffs trademarks;ii. competing unfairly with plaintiff in any manner, including infringing any of

plaintiffs trademark rights; and

iii. conspiring, encouraging, inducing, allowing, abetting, or assisting others inperforming any of the activities referred to in subparagraphs (i) - (ii) above.

B. Defendants, its officers, agents, servants, employees, and attorneys, and all



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persons in active concert or participation with any of them, deliver for destruction, or

show proof of destruction of, any and all products, labels, signs, prints, packages,

wrappers, receptacles, and advertisements, and any other materials in their possession or

control that depict or reference any materials bearing plaintiffs trademarks or any other

confusingly or substantially similar trademark and any materials or articles used for

making or reproducing the same.

C. Defendants file with the Court and serve on plaintiff, within 30 days after theentry and service on defendants of an injunction, a report in writing and attested to under

penalty of perjury setting forth in detail the manner and form in which defendants have

complied with the provisions of subparagraphs (A) and (B) above.

D. MEMORY LANE recovers all damages it has sustained as a result ofdefendants false designation of origin and unfair competition.

E. Plaintiff be awarded defendants profits, corrective advertising damages andenhanced damages.

F. An accounting be directed to determine defendants profits resulting from theirinfringement and unfair competition and that the profits be paid over to plaintiff,

increased as the Court determines is appropriate to the circumstances of this case.G. Plaintiff be awarded its reasonable attorneys fees for prosecuting this action.H. Plaintiffs recover its costs of this action and pre-judgment and post-judgment

interest, to the full extent allowed by law.

I. Plaintiff be awarded punitive damages pursuant to, inter alia, California commonlaw, Business and Professions Code 14250, and any other relevant statute.

J. Plaintiff receive all other relief the Court deems appropriate.///

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///



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Plaintiff hereby demands a trial by the jury on its claims herein and all issues and claims

so triable in this action.

Respectfully submitted,

Dated: June 22, 2011 MANDOUR & ASSOCIATES, APC

Ben T. Lila (SBN 246808)

[email protected]

Attorneys for plaintiff,MEMORY LANE, INC.



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EXHIBIT A- 8 -

EXHIBIT A



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EXHIBIT A- 9 -



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EXHIBIT B- 10 -

EXHIBIT B



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EXHIBIT B- 11 -

ON 4/28/2011 11:26:48 AM THE FOLLOWING INFORMATION WAS SUBMITTED AT

MEMORYLANEINC.COM.

NAME =U .

SUBMIT_BY = U .

PHONE = U .

ADDRESS = U .

CITY = U .

STATE = U .

ZIP = U .

MESSAGE = 4/28/2011 THIS MORNING I RECEIVED AN EMAIL FROM AMERICAN

EXPRESS FRAUD PROTECTION ALERT RE A $59.00 CHARGE AGAINST MY AMEX

CARD FROM YOUR COMPANY. I CALLED AMEX AND ADVISED THEM I HAD

NEVER AUTHORIZED SUCH A CHARGE. THEY HAVE REPUDIATED THE CHARGE

AND I AM DEMAND THAT YOU REMOVE MY NAME FROM YOUR DATA BASE. I

AM NOT INTERESTED IN MEMORY LANE INC. U .



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EXHIBIT C- 12 -

EXHIBIT C



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EXHIBIT C- 13 -



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EXHIBIT C- 14 -



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EXHIBIT D- 15 -

EXHIBIT D



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EXHIBIT D- 16 -



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EXHIBIT D- 17 -



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EXHIBIT D- 18 -



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EXHIBIT E- 19 -

EXHIBIT E



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EXHIBIT E- 20 -



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EXHIBIT E- 21 -



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EXHIBIT E- 22 -



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EXHIBIT E- 23 -



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EXHIBIT E- 24 -



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EXHIBIT E- 25 -



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EXHIBIT E- 26 -



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EXHIBIT E- 27 -



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AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for(name of individual and title, if any)

was received by me on(date) .

I personally served the summons on the individual at (place)

on (date) ; or

I left the summons at the individuals residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individuals last known address; or

I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of(name of organization)

on (date) ; or

I returned the summons unexecuted because ; or

Other(specify):

.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc:


0.00


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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIACIVIL COVER SHEET

VIII(a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? GNo GYes

If yes, list case number(s):

VIII(b). RELATED CASES: Have any cases been previously filed in this court that are related to the present case?GNo G Yes

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) GA. Arise from the same or closely related transactions, happenings, or events; or

GB. Call for determination of the same or substantially related or similar questions of law and fact; or

G C. For other reasons would entail substantial duplication of labor if heard by different judges; or

GD. Involve the same patent, trademark or copyright, and one of the factors identified above in a, b or c also is present.

IX. VENUE: (When completing the following information, use an additional sheet if necessary.)

(a) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in whichEACH named plaintiff resides.

G Check here if the government, its agencies or employees is a named plaintiff. If this box is checked, go to item (b).

County in this District:* California County outside of this District; State, if other than California; or Foreign Country

(b) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in whichEACH named defendant resides.

G Check here if the government, its agencies or employees is a named defendant. If this box is checked, go to item (c).


(c) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in whichEACH claim arose.

Note: In land condemnation cases, use the location of the tract of land involved.


* Los Angeles, Orange, San Bernardino, Riverside, Ventura, Santa Barbara, or San Luis Obispo Counties

Note: In land condemnation cases, use the location of the tract of land involved

X. SIGNATURE OF ATTORNEY (OR PRO PER): Date

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 of the 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 Substantive Statement of Cause of Action

861 HIA 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))

862 BL 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)

863 DIWC All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as

amended; plus all claims filed for childs insurance benefits based on disability. (42 U.S.C. 405(g))

863 DIWW All claims filed for widows or widowers insurance benefits based on disability under Title 2 of the Social Security

Act, as amended. (42 U.S.C. 405(g))

864 SSID All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Secur

Act, as amended.

Orange County: Memory Lane, Inc.

Delaware: Classmates International, Inc. DBA Classmates Online, Inc.

Washington: Memory Lane Inc., DBA Classmates.com

Orange County (all claims)

June 22, 2011


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