complaint biggest loser

8/3/2019 Complaint Biggest Loser

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Karthik Nadesan (10217)Ivan LePendu (11191)Nadesan Beck P.C.39 Exchange Place, Suite 100Salt Lake City, Utah 84111

Telephone: (801) 363-1140Facsimile: (801) 534-1948Email: [email protected]

Mark E. Kalmansohn (pro hac vice pending)Kalmansohn & Andersen, LLP1801 Century Park East, 24th FloorLos Angeles, CA 90067Telephone: (310) 552-6024Facsimile: (310) 552-6025Email: [email protected]

Bassil Hamideh (pro hac vice pending)The Hamideh Firm, P.C.1801 Century Park East, 24th FloorLos Angeles, CA 90067Telephone: (310 556-9687Facsimile: (310) 733-5699Email: [email protected]

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

DISTRICT OF UTAH, CENTRAL DIVISION

UNIVERSAL CITY STUDIOSPRODUCTIONS LLLP, a Delaware limitedliability limited partnership formerly known asUNIVERSAL CITY STUDIOS, INC.; NEWSCORP., a Delaware corporation and owner ofSHINE LIMITED; REVEILLE LLC, aDelaware limited liability company, jointlyowned by UNIVERSAL CITY STUDIOSPRODUCTIONS LLLP and NEWS CORP, byand through SHINE LIMITED; SHINE

LIMITED, a United Kingdom limited company

Plaintiffs,

v.

HARBOR FITNESS, LLC, a Utah limitedliability company; MALLORCA PARTNERS,

COMPLAINT FOR TRADEMARK

INFRINGEMENT; FALSE

DESIGNATION OF ORIGIN (PASSING

OFF); FALSE ADVERTISING;

DILUTION; COUNTERFEITING; ALTER

EGO LIABILITY; AND CIVIL

CONSPIRACY

Case No. 2:11cv00980-CW

The Honorable Clark Waddoups

Case 2:11-cv-00980-CW Document 2 Filed 10/21/11 Page 1 of 17


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LLC, a Utah limited liability company;MYRIAD GROUP, LLC, a Utah limitedliability company; PFC ENTERPRISES, LLCa Utah limited liability company; PFCINVESTMENTS, LLC a Utah limited liability

company; PREMIER FITNESS CAMP, a UtahDBA, also doing business asWWW.PREMIERFITNESSCAMP.COM;CHRIS BUTT, an individual also doingbusiness as PREMIER FITNESS CAMP;PHILIP HOLMES, an individual, also doingbusiness as PREMIER FITNESS CAMP;HEATHER MCCALISTER, an individual;VINCENT MCALLISTER, an individual, alsodoing business as PREMIER FITNESSCAMP; KRISTIN RELYEA, an individual;

RYAN RELYEA, an individual, also doingbusiness as PREMIER FITNESS CAMP;and, DOES 1 - 50

Defendants.

Plaintiffs Universal City Studios Productions LLLP (Universal), News Corp. (News

Corp.), Reveille, LLC (Reveille), and Shine Limited (News Corp. and Shine Limited, the

Shine Plaintiffs) (collectively, Plaintiffs) complain against Defendants Harbor Fitness, LLC

(Harbor Fitness), Mallorca Partners, LLC (Mallorca Partners), Myriad Group, LLC

(Myriad Group), PFC Enterprises, LLC (PFC Enterprises), PFC Investments, LLC (PFC

Investments), Premier Fitness Camp, Philip Holmes, Heather McCallister, Vincent McCallister,

Kristen Relyea, and Ryan Relyea (collectively, Defendants) , as follows:

PARTIES, JURISDICTION, AND VENUE

1. Plaintiff Universal City Studios Productions LLLP is a Delaware company.2. Plaintiff News Corp. is a Delaware company.3. Plaintiff Reveille, LLC is a Delaware company.4. Plaintiff Shine Limited is a United Kingdom company.5. Defendant Harbor Fitness, LLC is a Utah company.



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6. Defendant Mallorca Partners, LLC is a Utah company.7. Defendant Myriad Group, LLC is a Utah company.8. Defendant PFC Enterprises, LLC is a Utah company.9. Defendant PFC Investments, LLC is a Utah company.10. Defendant Premier Fitness Camp is a DBA of Defendant PFC Enterprises, LLC.11. Defendant Chris Butt is a Utah resident.12. Defendant Philip Holmes is a Utah resident.13. Defendant Heather McCallister is a Utah resident.14. Defendant Vincent McCallister is a Utah resident.15. Defendant Kristen Relyea is a Utah resident.16. Defendant Ryan Relyea is a Utah resident.17. The true names or capacities, whether individual, corporate, associate, or otherwise,

of Defendants DOES 1 through 50, inclusive, are unknown to Plaintiffs, who therefore sue said

Defendants by such fictitious names. Plaintiffs are informed and believe and therefore allege that

each of the Defendants designated herein as a DOE is legally responsible in some manner for the

events and happenings herein referred to, and legally caused injury and damages proximately

thereby to Plaintiffs as herein alleged.

18. Plaintiffs are informed and believe and upon such information and belief allege thatat all relevant times herein concerned, Defendants, and each of them, were the agents and

employees of each of the remaining Defendants, and were at all times acting within the purpose

and scope of said agency and employment, and each Defendant has ratified and approved the acts

of the other.

19. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.1331, 28 U.S.C. 1332, and 28 U.S.C. 1367.

20. Venue is proper in this Court pursuant to 28 U.S.C. 1391(b).



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FIRST CAUSE OF ACTION

(Trademark Infringement)

21. This action is brought under the Trademark Laws of the United States, 15 U.S.C.

1051 et seq., the general common law, and the laws of the State of Utah, which claims are

substantial and related to the claims arising under Federal law.

22. Since prior to the acts complained of herein, Plaintiff Reveille has been the owner

of the The Biggest Loser trademarks and related rights in the United States of America.

Plaintiff Reveille is a limited liability company, jointly owned and controlled by Universal and the

Shine Plaintiffs, with Universal also owning the exclusive right to exploit the aforesaid trademarks

and distribute products and services bearing same, throughout the world. Reveille caused The

Biggest Loser trademark to be registered on the principal register in the United States Patent and

Trademark Office (USPTO) on July 29, 2008 in Class 9, 41, 43, and 44; on September 30, 2008

in Class 29; on June 23, 2009 in Class 28; and, on February 10, 2009 in Class 16.

23. Upon Reveilles submission of Declarations of Use and Incontestability, the

registrations of these marks were and are deemed incontestable as a matter of law as the date of

the issuance of registration. [15 U.S.C. 1165].

24. Copies of said registrations are attached hereto, marked as Exhibit A, and

incorporated herein by reference.

25. Pursuant to agreement among themselves, Plaintiffs share the joint right, title and

interest in and to any and all USPTO The Biggest Loser registrations, while Universal possesses

the exclusive right to promote, market, sell, distribute or exploit same in connection with goods

and services relating to the aforementioned registrations.



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26. This includes but is not limited to registrations for The Biggest Loser in the

following International Classes:

(a) Class 41 for: Providing general interest entertainment and educational

information in the field of physical fitness, exercise, exercise, work-outs, and physical

conditioning, via a multi-user global computer information network and streaming media

(b) Class 43 for Providing general interest entertainment and educational

information in the field of recipes, via a multi-user global computer information network and

streaming media

(c) Class 44 for Providing general interest entertainment and educational

information in the field of health, nutrition, diet, and weight loss, via a multi-user global computer

information network and streaming media ; and,

(d) Class 41 for: Health club services, namely, providing instruction and

equipment in the field of physical exercise, instruction services, namely, instruction in the field

of health, nutrition and physical exercise, providing health club services, namely, providing

fitness and exercise facilities; gymnasium services; providing exercise and fitness facilities;

providing instruction in exercise, nutrition, healthy lifestyle and fitness; educational services,

namely instruction and training in the fields of fitness and nutrition; providing instruction and

training in the use of fitness equipment educational services; namely, classes, conventions,

demonstrations, workshops, seminars and training, in the fields of health and medical care,

fitness, nutrition and wellness .

27. Plaintiffs first discovered in or about April 2011 that, beginning on a date unknown

to Plaintiffs but which Plaintiffs are informed and believe and thereon allege was prior to April2011, Defendants had caused to be published and published several direct, prominent uses ofThe

Biggest Loser on Defendants website, www.premierfitnesscamp.com, and in so doing,

purposefully targeted consumers in interstate commerce in order to promote Defendants website,



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weight loss business and fitness retreat, also known as Premier Fitness Camp - Americas #1

Fitness Retreat.

28. These infringing uses included but were not limited to:

a) A stand-alone use on the website of www.premierfitnesscamp.com as the sixth

category under the Menu listing About Premier, with a stand-alone link titled, BIGGEST

LOSER(Exhibit B);

b) A prominent headline use on the website, www.premierfitnesscamp.com of

Biggest Loser of Weight directly followed by numerous references to Universals renowned

and popular television series entitled The Biggest Loser and associated products and services.

(Exhibit C);

c) In the Menu section of the website, www.premierfitnesscamp.com, under The

Healthy Spaghetti and the smaller headline Spaghetti Squash with Avocado Pesto, the site

reads Spaghetti squash is a perennial favorite ofBiggest Losercontestants

d) Moreover, the bottom of the same page states:

Recipe Created By:Cheryl Forberg, RD, is a professional chef and the nutritionist for NBCs The

Biggest Loser. She is the author of the book, TheBiggest LoserSimple Swaps: 100Easy Changes to Start Living a Healthier Lifestyle.

e) Additionally, Defendants have made extensive use of internet search engine

optimization (including substantial payments for advertising associated with Google Adwords) to

further cement the perception of a direct nexus between The Biggest Loser and Defendants

among consumers. For example, out of 6,700 results from a search in late July 2011 for Biggest

Loser, www.premierfitnesscamp appeared at the top of the Google search results, in the upper

right-hand corner under the headline Train Like Biggest Loser. All of the other results on the

first page related directly to The Biggest Loser television show or its licensees, including inter

alia, for an authorized Biggest Loser meal plan and fitness camp. (Exhibit D) Moreover, in a

Google search for Premier Fitness Camp Biggest Loser, the first result is a headline for



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Premier Fitness Camp, and the fourth result is Biggest Loser/Premier Fitness Camp.

(Exhibit E) (All of the foregoing uses, together, hereafter referred to as (the Infringing Uses).

29. The aforesaid uses of Plaintiffs The Biggest Loser trademarks were and are

unauthorized by Plaintiffs, violate Plaintiffs exclusive trademark rights, and constitute separate

infringements as to each such Infringing Use.

30. The said acts of Defendants have likely caused confusion, deception, or mistake as

to the source of ownership and origin ofThe Biggest Loser trademarks in that they were and are

likely to cause the public mistakenly to believe that Defendants and Defendants products and

services were and are sponsored by, connected with, or in some way interrelated with Plaintiffs

The Biggest Loser, in particular Universals famous television show.

31. Plaintiffs are informed and believe, and upon such information and belief allege,

that Defendants aforesaid infringing acts were intentional and were committed in willful and

deliberate disregard of Plaintiffs rights. Indeed, on May 11, 2011, Universal sent a demand letter

to Defendants requesting, inter alia, an immediate cease and desist of the Infringing Uses. Despite

communication with the counsel for Premier Fitness Camp regarding same, none of the

Defendants, including Premier Fitness Camp, took any action to stop the Infringing Uses for more

than three (3) additional months (and only then after a demand letter was issued to Defendants by

Universals outside litigation law firm). Plaintiffs The Biggest Loser marks are well-known

among the public and have become so identified with the trademark The Biggest Loser that

Universal has attained worldwide recognition and acknowledgment as the source of this famous

mark.

32. By reason of the acts of Defendants described above, Plaintiffs, and Universal in

particular, have suffered great detriment and injury to their trademarks, business, goodwill, and

profits. The exact amount of said damage is presently unascertained.

33. In the event Defendants resume the infringing activities set forth herein, such

conduct would cause Plaintiffs, and Universal in particular, irreparable damage in that it would be



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extremely difficult to ascertain the amount of compensation which would afford Plaintiffs, and

Universal in particular, adequate relief therefor, and, unless this Court grants a permanent

injunction, Universal would be compelled to prosecute a multiplicity of actions for damages, one

each time Defendants used or reproduced Plaintiffs trademark. Plaintiffs have no adequate

remedy at law.

SECOND CAUSE OF ACTION

(False Designation of Origin (Passing Off) Under 15 U.S.C. 1125(a))

34. Plaintiffs repeat, reallege, and incorporate herein by reference the allegations of

paragraphs 1 through 33 above.

35. Defendants use and exploitation ofThe Biggest Loser trademarks constituted and

constitute willful and deliberate false designations of origin and false representations which were

and are likely to cause confusion, mistake, or deception by inducing the impression among

customers, potential customers, and the public in general to believe that Defendants and

Defendants products and services were and are in some manner approved, licensed, sponsored,

affiliated, or associated with Plaintiffs.

36. Defendants said acts violate Title 15, United States Code, 1125(a).

37. Universal has been damaged by Defendants conduct and may suffer additional

irreparable damage unless this Court grants the remedies prayed for herein. Plaintiffs have no

adequate remedy at law.

THIRD CAUSE OF ACTION

[False Advertising Under 15 U.S.C. 1125(a)]

38. Plaintiffs repeat, reallege and incorporate herein by reference the allegations of

paragraphs 1 through 37, above.



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39. Plaintiffs are informed and believe and thereon allege that Defendants have

published Universals The Biggest Loser mark on its website www.premierfitnesscamp.com

(the Infringing Website or Defendants Website), for the purpose of advertising and

promoting the Infringing Uses and generating sales by and through association with Universals

famous television series and mark (the Infringing Advertisements).

40. Plaintiffs are informed and believe and thereon allege that, in advertising and

promoting the Infringing Uses by and through the Infringing Website and elsewhere, Defendants

have been and are also misrepresenting the nature, characteristics, and quality of their own goods

by, among other things, falsely and fraudulently implying approval, association or sponsorship by

Plaintiffs, and Universal in particular, thereby deceiving the general public and consumers.

41. Plaintiffs are informed and believe and thereon allege that Defendants deliberately

devised their Website, www.premierfitnesscamp.com, and advertising and promotion of the

Infringing Marks contained therein, to deliberately misrepresent the nature, quality, or

characteristics of their own goods as well as Universals.

42. Plaintiffs, and Universal in particular, have never authorized Defendants, by license

or otherwise, to advertise, promote, market, reproduce, duplicate, offer for sale, sell, or distribute

The Biggest Loser mark as contained in the Infringing Website.

43. The display ofThe Biggest Loser marks on Defendants Website was and is a

part of Defendants effort to solicit sales of the Infringing Products and/or Services, or other

products, constitutes a commercial advertisement and promotion distributed in interstate

commerce.

44. Plaintiffs, and Universal in particular, have sustained, and will continue to sustain,

substantial damage to the commercial value of its image in that the previously-described activities

of Defendants have damaged Plaintiffs (and in particular Universals) goodwill and reputation and

the value ofThe Biggest Loser marks by falsely associating The Biggest Loser marks and will



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continue to diminish the revenues which Plaintiffs (and in particular Universal) would otherwise

receive from authorized or prospective exploitation ofThe Biggest Loser marks.

45. Defendants said acts constitute direct infringement under 15 U.S.C. 1125(a).

46. Defendants have continued to infringe Plaintiffs rights, and unless temporarily,

preliminarily and permanently enjoined by Order of this Court, will continue to infringe said rights,

all to Plaintiffs irreparable injury. As a result of Defendants' acts of infringement, Universal is

without an adequate remedy at law in that damages are difficult to ascertain and, unless injunctive

relief is granted as prayed for herein, Plaintiffs will be required to pursue a multiplicity of actions.

47. Defendants have committed all of the aforesaid acts of infringement deliberately,

willfully, maliciously and oppressively, without regard to Plaintiffs proprietary rights.

FOURTH CAUSE OF ACTION

(Trademark Dilution)



49. The Biggest Loser trademarks and Plaintiffs (in particular Universals)

rendition thereof have a distinctive and valuable quality protected by the Federal Trademark

Dilution Act of 1995 [15 U.S.C. 1125(c)].

50. Plaintiffs are informed and believe, and thereon allege, that the trademarks used by

Defendants have a likelihood of confusion with Universals The Biggest Loser television series

and related marks and have been used improperly, inter alia, in and upon the Infringing Website,

www.premierfitnesscamp.com, without Plaintiffs authorization and without proper attribution to

Plaintiffs (and Universal in particular). Said use threatens to cheapen and debase Plaintiffs mark

and the absence of proper attribution threatens to lead the public to believe there is no protection.

51. Defendants unauthorized appropriation as alleged above constituted and

constitutes a dilution of Plaintiffs rights in and to The Biggest Loser trademarks. Defendants



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misappropriation diminishes or destroys the exclusive association between Universal and their

trademarks thereby depriving Plaintiffs of the benefits sought and achieved from such exclusive

association developed through great diligence and significant cost. All of the foregoing acts of

Defendants constitute a violation of the Federal Trademark Dilution Act of 1995 [15 U.S.C.

1125(c)], and may continue to injure Plaintiffs (and Universal in particular) unless this Court

grants the relief requested herein.

FIFTH CAUSE OF ACTION

(Unfair Competition)


paragraphs 1 through 51 above.

53. Defendants unauthorized use of Universals trademarked phrase, The Biggest

Loser, constitutes common law unfair competition under 15 USC 1125(a). Defendants use of

The Biggest Loser trademarks was and is likely to cause confusion, mistake, and deception

among consumers.

54. By reason of the foregoing, Defendants unfair competition has caused irreparable

harm, injury, and damage to Plaintiffs and may continue to do so unless this Court grants the relief

requested herein.

SIXTH CAUSE OF ACTION

(Counterfeiting)



56. As noted herein, Plaintiffs are the owner ofThe Biggest Loser trademarks and

related rights in the United States of America, including but not limited in International Classes 41,

43, and 44, which expressly include use on a multi-user global computer information network

[the internet]. See,supra, at 25 (a)-(d).



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57. As noted herein, the Defendants online public display, advertising, promotion, and

offer of sale of registrations for its Premier Fitness Camp (via www.premierfitnesscamp.com)

prominently and repeatedly contained The Biggest Loser trademark.

58. Defendants aforesaid acts constituted and constitute the unauthorized use in

commerce of reproductions, counterfeits, copies, and colorable imitations of Plaintiffs registered

The Biggest Loser trademark in connection with the sale, offering for sale, distribution, or

advertising of goods or services.

59. Defendants aforesaid acts were and are likely to cause confusion, or to cause

mistake, or to deceive consumers and members of the general public.

60. Defendants said acts violate, inter alia, Title 15, United States Code, Section

1114(1)(a) and 1116(d), and constitute trademark counterfeiting.

61. Plaintiffs have been damaged by Defendants conduct and may suffer additional

irreparable damage unless this Court grants the remedies prayed for herein. Plaintiffs have no

adequate remedy at law.

62. Plaintiffs are informed and believe and thereon allege, that Defendants said acts,

including the unauthorized use of counterfeits of Plaintiffs registered trademarks, were and are

being done knowingly and willfully, at the very least during the period between the Universal legal

departments written demand that Defendants cease and desist from the Infringing Uses sent on

May 11, 2011 until in or about August 9, 2011. Pursuant to Title 15 U.S.C. 1117(c)(2), Plaintiffs

therefore seek statutory damages in the amount of One Million Dollars ($1,000,000) per

counterfeit mark per type of good or service sold, offered for sale, or distributed.

SEVENTH CAUSE OF ACTION

(Alter Ego Liability)





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64. Pursuant to their registrations with the Utah Department of Commerce, all of the

corporate Defendants are located at 7659 South 700 West/Main Street, Midvale, UT 84047 (the

7659 Address), an office building with no signs and blacked out windows. As demonstrated in

the attached Exhibit F, Defendants manage and control numerous corporations out of the 7659

Address.

65. The domain name registration for the Infringing Website,

www.premierfitnesscamp.com, identifies the address for the website as 7659 South 700 West

Street, Midvale, UT 84047.

66. Defendant Ryan Relyea is identified as the registrant contact, technical contact,

and administrative contact for the Infringing Website. (Exhibit G)

67. Defendants Ryan Relyea, Chris Butt, Vincent McCallister, and Phillip Holmes also

have direct management of Premier Fitness Camp (and the Infringing Website) as evidenced by a

press release distributed by Premier Fitness Camp itself on June 6, 2011. (Exhibit H).

68. As demonstrated by the attached Exhibit I, Defendants appear to be involved in a

Tangled Web of ownership and control of www.premierfitnesscamp.com.

69. Upon information and belief, each of the Defendants has used the assets of the

other for its own use and benefit, and has treated the assets of the other as its own assets.

70. Upon information and belief and further information to be obtained through

discovery, Plaintiffs allege that the Defendants have conducted their affairs in such a manner that

their separate existences no longer exist, that each is the alter ego of the other, and that

observance of the corporate or limited liability form would sanction a fraud, or promote injustice,

or an inequitable result.

71. This Court should pierce the corporate veil of each Defendant corporate entity and

enter judgment that the Defendants, including but not limited to each Defendant corporate entity

and each individual Defendant, are mere alter egos of each and every such Defendant corporate

entity.



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72. Accordingly, to the extent that Plaintiffs obtain a judgment against one of the

Defendants, then Plaintiffs are also entitled to obtain a judgment, in a like amount, against the

remaining Defendants.

EIGHTH CAUSE OF ACTION

(Civil Conspiracy)



74. In committing the acts of wrongdoing alleged herein, all Defendants acted

pursuant to a common scheme to infringe and benefit from infringement ofThe Biggest Loser

trademarks.

75. All Defendants were aware of the common scheme and took steps in furtherance

of such scheme. Accordingly, all Defendants are vicariously liable for all acts in furtherance of

the conspiracy.

76. As a direct and proximate result of the conspiracy, Plaintiffs have suffered, and

continue to experience, significant damages in an amount to be determined at trial.

77. Accordingly, to the extent that Plaintiffs obtain a judgment against one of the

Defendants, then Plaintiffs are also entitled to obtain a judgment, in a like amount, against the

remaining Defendants.

PRAYER FOR RELIEF

Wherefore, Plaintiffs respectfully request this Court to enter judgment against Defendants

as follows:

1. For an Order during the pendency of this action and permanently thereafter,

enjoining Defendants, and Defendants' officers, agents, employees, and those acting in concert or



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conspiracy with them, temporarily during the pendency of this action and permanently thereafter

from:

(a) Infringing, or contributing to, or participating in the infringement by others of

Plaintiffs The Biggest Loser trademarks, denominated above, or acting in concert with, aiding

and abetting others to infringe any of said trademarks in any way;

(b) Advertising, promoting, marketing, manufacturing, duplicating, offering for sale,

selling, renting, distributing, or otherwise exploiting, using disposing of any products, sales or

advertising materials, or other merchandise, matter or materials (including any virtual matter)

containing, referring, or relating to The Biggest Loser trademark or any other trademarks or other

matter or material as to which Plaintiffs have the exclusive rights;;

2. That, with respect to the First Cause of Action, Defendants be required to account

for and pay over to Plaintiffs the actual damages suffered by Plaintiffs as a result of the aforesaid

infringements and any profits of Defendants attributable to each such infringement of each of

Plaintiffs exclusive rights and to pay such damages to Plaintiffs as to this Court shall appear just

and proper within the provisions of the Trademark laws of the United States;

3. That Defendants account for and pay over to Plaintiffs all damages sustained by

Plaintiffs and profits realized by Defendants by reason of their unlawful acts, and that the amount

of profits realized by Defendants be increased to a sum not exceeding three times the amount

thereof as provided by law.

4. That Defendants be required to pay to Plaintiffs such damages as Plaintiffs have

sustained in consequence of Defendants passing off, false advertising, dilution and unfair

competition under 15 U.S.C. 1125(a) and to account for:

(a) All gains, profits and advantages derived by Defendants by said passing off;

and

(b) All gains, profits, and advantages derived by Defendants by infringement or

such damages as to the Court shall appear proper within the provisions of all applicable statutes.



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5. That, with respect to the Sixth Cause of Action, and pursuant to Title 15 U.S.C.

1117(a) and (c)(2), Defendants be required to account for and pay over to Plaintiffs the actual

damages suffered by Plaintiffs as a result of the aforesaid infringements and any profits of

Defendants attributable to each such infringement of each of Plaintiffs registered trademarks and

to pay such damages to Plaintiffs as to this Court shall appear just and proper within the provisions

of the Lanham Act, or, in the alternative, at Plaintiffs election at any time before final judgment is

rendered by the trial court, Plaintiffs be awarded statutory damages arising from the Defendants

willful use of counterfeit mark(s) in the amount of One Millions Dollars ($1,000,000) per

counterfeit mark per type of good or service sold, offered for sale, or distributed;

6. That Plaintiffs recover compensatory and consequential damages in an amount to

be ascertained at trial;

7 That Plaintiffs recover exemplary damages according to proof;

8. That Plaintiffs recover attorneys' fees and costs of suit incurred herein; and

9. That Plaintiffs have such other and further relief as this Court deems just and

proper.

JURY DEMAND

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiffs demand a trial by

jury on all issues triable as a matter of right. Plaintiffs have tendered the requisite fee to the

Clerk of Court.

DATED this 21st day of October, 2011.

/s/ Karthik NadesanKarthik NadesanMark E. KalmansohnBassil HamidehAttorneys for Plaintiff



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INDEX TO EXHIBITS

Exhibit A The Biggest Loser Trademark Registrations with the U.S. Patent and TrademarkOffice.

Exhibit B www.premierfitnesscamp Scroll Down Menu Infringement - Biggest Loser

Exhibit C www.premierfitnesscamp Biggest Loser of Weight Webpage Infringement

Exhibit D www.premierfitnesscamp Train Like Biggest Loser Infringement

Exhibit E Premier Fitness Camp Google Search

Exhibit F Premier Fitness Camp Who Is Information and Registration

Exhibit G Entities Associated With 7659 Address

Exhibit H Press Release Showing Defendants Ryan Relyea, Chris Butt, Vincent McCallister, andPhillip Holmes Direct Involvement with www.premierfitnesscamp.com

Exhibit I Tangled Web of Control of www.premierfitnesscamp.com


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