I

10

lt
12

13

l4

l5

l6

t7

l8

r9

20

2t
))
23

24

25

26

27

28
 4. Based on information and belie! Defendant is a corporation organized under the laws of the State of

) Delaware with its principal place of business at 1447 2nd Steet, Santa Monica, CA.

4 Jurisdiction & Venue

5 5. This Court has subject matt€r jurisdiction under 28 USC $$ l33l and 1338, supplemental jurisdiction over

6 plaintiffscornmonlawclaimsrmder2SUsC$$ 136T,andpersonaljurisdictionrmder23U'S.C.$$

7 , 1391(b)because, interali4 Defendant:

8 (a) kansacts business within this district;

9 O) has commiued a tortious act within this District;

10 (c) has committed a tortious act causing injgry to Plaintiffwithin this District;

11 (d) expects or should reasonably expect its acts to have consequ€nces in this District

t2 (e) derives substantial revenue from interstate or international commerce; and

13 (0 has websites and social media accounts that are accessible in this District, and through which
l4 Defendant transacts.

l5
Facts Common to all Claims for Relief
l6 of
Founded m1OlT,Plaintiffis a social q$erprise which raises awaneness of the harrrful effects
17
electromagnetic radiation on men's health, manufactures underwear which reduces exposure to
18
electromagnetic radiation, and purposes profits to research the health effects of electromapetic radiation
19
from fifth (5G) technologies;
20
plaintifrlarmched its product and brand on Kickstarter, a global crowdfunding platforq in August 2017

2t
when Plaintifffint used Mark in commerce, and haq since continued using Mark in marketing packaging
22
and on Plaintiffs products;
23
plaintiffhas built substantial goodwill in the electromapetic radiation shielding underwear market niche,
24
and is well-known in various sub-segpents ofthe market niche including the infertility, natural health, and
25
biohacking sub-markets;
26
g. Upon information and belief, Defendant filed a United Sates tademark application for fte Infringing
27
in bad faith, including making false claims of use on the application;
28 COMPLAINT FOR FEDERAL UNFAIR COMPETITION AND FALSE ADVERTISING AND COMMON LAW
TRADEMARK INFRINGEMENT AND I.'NFAIR COMPETITION. DEMAND FOR JURY TRTAL. '2
 information and beliet Defendant started to use the Infringing
Mark with the calculated' deliberate'
t0. upon
1 and malicious intent to cause harm to Plaintiff, and caused
confision and continues to cause confusion to

internet influencers in the market;

3 ouf customers, potential customers, brand partners, and related

of Infringrng Mut, the Defendant contacted

4 I l. upon information and belief, after Defendant's filing and use

5 Plaintiffin bad faith to deceive and harrr Plaintiff;

cease and desist all infringing use of lnfringing Mmk in

connection with
6 12. plaintiffdemanded Defendant to

7 ' the marketing and sale of men's underwear;

claims of first use (even emlier than that

8 13. upon infornration and belie{ Defendant provided to Plaintifffalse
intent to deceive and harrr Plaintiff;
9 on the Infringing Mark application) in bad faith with

Infringing Mark in advertising marketing and on

l0 14. Upon information and belief, Defendant continues to use

products, causing confirsion in the market, and ineparable harrnto

Plaintiffs business md goodwill;
ll
information to the market and Plaintiffs
t2 15. Upon information and belief, Defendant has provided false
reputation and goodwill'
l3 customers about Plaintiffcausing further damage to Plaintiffs

t4 First Claim for Relief

l5 (Federal Unfair Competition and False Advertising)

l6 plaintiffrepeats and re-alleges each and every allegation in the foregoing paragraphs as if fully set forth
16.

t7
herein;
18 owner may be granted injunctive relief to
17. Pursuant to 15 U.S.C. $ 1125(a), a non-registered trademark
19 damages, disgorgement of profits'
prevent or restrain infringement and may petition the Court to award
20
attorney's fees as a result of the trademark infringement;
2l g. use in commerce of marks highly similar or
l Defendant,s acts described above, including Defendant's
22 mistake, deception' or
identical to the Marlq have caused or are likely to cause confrrsion,
23 Defendant's goods, and constitutes
as to the source, origin, sponsorship, affiliation, or approval of
24 of the Lanham Act;
infringemurt of the Mark and unfair competition in violation
25 men's elecfiomapetic radiation shielding
19. As stated above, the Mark has become well-known in the
26
underwear market. Defendant filed an application forthe
Infringng MarL used Infringing Mark, and

27 substantially similar to thereto, with knowledge of

continues to use Infringing Marlq or marks identical or
28 COMPLATNT FOR FEDERAL UNFAIRCOMPETITION
AND FALSE ADVERTISING AND COMMON LAW
-3
TRADEMARK NTTNN.TCTMENT AND UNFAIRCOMPETITION' DEMAND FORJURY TRTAL'
 the PlaintifPs first and continuous use. Therefore, Defendant's filing was in bad faith and use of the

1 Infringing Ma* willtul;

J Upon information and belief, Defendant's actions were and are deliberate and intended to inflict damage,

4 and have caused damage, to Plaintiffs business, reputation, and goodwill;

5 21. Even after being placed on notice of Plaintiffs rights in Mmch 2019, Defendant continued and continues

6 use the Infringing Mark in connection with the marketing and salc of men's underwear;

7 22, lJpninformation and belief, Defendant created a false association between Defendant's goods and

I plaintiffand PlaintifPs goods, and benefits from Plaintiffs goodwill and reputation;

9 23. Upon information and beliet Defendant knew the use of Infringing Mark and misleading advertising

l0 causes consumer confusion;

1l 24. Unless restrained and enjoined by this Court, Defendant will persist in its activities, causing ineparable

t2 harm and injury not only to Plaintifi but to health research urgently needed on the health effects offifth

l3 generation technologies (5G) on humans;

t4 25. Defendant should be preliminarily, and upon final hearing permanently enjoined from using Plaintiffs

t5 Mark

16 plaintiffis entitle4 rmder l5 U.S.C. $ I I17, to recover from Defendant (i) Defendant's profits from sales

t7 made in connection with the tnfringing Mark; (ii) damages sustained by Plaintiffdue to Defendant using

18 marks confusingly similar to the Marlq and (ll, the costs of this legal actioq,

t9 27. Because this is an exceptional case, involving willful misconduct by Defendant, Plaintiffis also entitle4

20 under 15 U.S.C. g I I l7(a), to recover: (i) exceptional damages for intentional infringement, bad faith, and

2t willfirl conduct equal to three times profits or damages, whichever is greater; and (ii) three times attomey's

)') fees plus other costs of this legal action.

23 28. Plaintiffhas no adequate remedy at law and is suffering irreparable harm.

24
Second Claim for Relief
25
(Common Law Trademark Infringement)
26
29. Plaintifrrepeats and re-alleges each and every allegation in the foregoing paragraphs as if fully set forth

27
herein;
28 COMPLAINT FOR FEDERAL UNFAIR COMPETITION AND FALSE ADVERTISING AND COMMON LAW
TRADEMARK TNFRINGEMENT AND UNFAIR COMPETTTION. DEMAND FOR JURY TRTAL. - 4
 30. plaintiffis the owner of common law trademark
rights to Mark in California and throughout the United
I
to any tademark use rights which Defendant
.,
states of America. Plaintiffs rights are senior and superior

3 mayclaim;

31. Defendant has used in commerce, without Plaintiffs

consen! marks that are confusingly similar to the
4

5 Ma*;
Mart<, or other similar trademarks confusingly similar
to Marh has cause4
6 32. Defendant,s use of Infringing

7
, and is likely to cause consumer conflision, deception,
or mistake among cotrsumers as to fie orign, source'

sponsorship, affiliation, or approval by Plaintiffof

Defendant's goods, in violation of california conrmon
I
9 law;

l0 33. Defendant,s conduct as described above is willful, deliberate, malicious, and intendedto injure Plaintitr' in

il clear disregard of Plaintiffs tights;

would not adequafely
t2 34. plaintiffh4^. no adequate remedy at law inasmuch as money damages alone

business reputation' not to mention the harrt

13 compensate Plaintifffor the harm to its goodwiil, and

lost sale of Plaintiffs, less money is purposed to

t4 experienced by the public due to the fact that, for every

people;
15 research &e health effects of 5G technologies on

Plaintiffand will continue to damage

16 35. Defendant's acts dessribed above greatly and irreparably damage

17 Plaintiffuntess enjoined by this Court'

18

19 Ihird Claim for Belief

20 (Common Law Unfair ComPetition)

each and every allegation in the foregoing paragraphs as

if fully set forth
2l 36. plaintiffrepeats and re-alleges

22 herein;

23 37. Plaintiffis the owner of common law rights ofthe Mark;

24 3E. plaintiffhas invested substantial imaginatiou though! time, laboq skill, and money in the creation and

,< development of the Mark;

use of Infringing Mtrk and misleading

26 39. Through its conduct described above, including the unauthorized

market with false representations of fact in connection

with the sale of products confusingly similar to
27

FALSE ADVERTTSING AND COMMON LAW

28 COMPLAINT FOR FEDERAL TJNFAIR COMPETITION AND
DEMAND FORJURY TRIAL' '5
TRADEMARK NTTNN{CEIUTNT AND UNFAIR COMPETMON'
 F

products as those of Plaintiffor being in connection or affiliation

I Plaintif;Ps, Defendant has passed offtheir

Plaintiffs labors, investments' and expenditures and

7 with Plaintifl and has intentionally misappropriat€d

5 intentionallyexploitedPlaintiffsreputationandgoodwillassociatedtherewith;
deception, or misake among consumers as
4 40. Defendant,s conduct is intended and likely to cause confusion,
or approval of Defendant's goods by Plaintitr;
5 to the source, origin, sponsorship, affiliation,
goods
similar to the PlaintiffFs, in relation to highty similar
6 Defendant has used marls that are confirsingly
provide Defendant
7 as plaintiffs and in competition with ptaintifr, all of which provided and continues to

I unhiradvantage,becauseDefendantborelittleornobrndenoftheexpenseofdevelopmentandpromotion

9 ofthe Mark;
with knowledge of Plaintiffs ownership of and/or exclusive
10 42. Defendant,s conduct was made in bad faith,

ll rightto use and license Plaintif s Mark;

goods'
confusingly similar marks on highly similar
t2 By knowingly competing against Ptaintiffusing

l3 DefendanthasmisappropriatedacommercialadvantagebelongingtoPlaintiff;

l4 44.Defendant'sconductisillegalandactionableunderthecommonlawsofthestateofcalifornia;
competition in violation of california common law;
15 45. Defendant,s actions descriM above coostitute unfair
willful, deliberde, malicious, and intended to injure
l6 46. Defendant,s conduct as described above is intentional,

t7 Plaintifr in clear disregard of Plaintiffs legal rights;

adequate remedy at law inasmuch as money

dmages alone would not adequately
18 47. plafutiffhas no

19 compensatePlaintifffortheharntoitsrights,goodwill,andbusinessreputation"nottomentionthe
Plaintiffs' less money is
extreme harm experienced by the public due
to the fact that, for every lost sale of
20
people;
2l purposed to research the health effects of5G on

damage Plaintiffand will continue to damage

22 4g. Defendant,s acts dessribed above greatly and irreparabty

23 Plaintiffunless enjoined by this Court;

24
Praver forRelief
25
judgment as follows:
26 WHEREFORE, Plaintiffprays for

21

?8 FALSE ADVERTISING AND COMMON LAW

COMPLAINT FORFEDERALUNFATRCOMPETITIONA}'ID
DEMAND FORJURY TRIAL' - 6
TRADEMARK NTTNN{GEMENT AND TINFAIR COICBNNON'
1 49. Grant of a permanent irfunction enjoining and restraining Defendant and its officers, agents' servants'

in active concert of participation with

7 employees, owners, representatives, and atorneys, and all those

3 from:

(a) Marketing and selling any products bearing and offering any services utilizing
Plaintiffs lntellectual
4

5 property, or any variations thereof in or as paft of any business, service or commercial activity;

part of any business, service

6 (b) Using plaintiffs Intellectuat Property or any variations thereof, in or as

7 corrmercial uotirity;

marlg trade dress or design in

E (c) Using plaintiffs Intellectual Property, or any other identical or similar

manner likely to cause

9 relation to my products or services related to men's underwear, or in any

l0 confusion, mistake or decePtion;

for registration of Plaintiffs lntellectual Property as a trademarlq

1l (O fiting or pursuing any application
service marh trade dress or patented destp in any
jurisdiction in the U.S.;
tz
(e) Offering for sale, selling or marketing merchandise tbat tends in any way to deceive, mislead or
13

confuse the public into believingthat Defendant's merchandise in any

way originates with, is
t4

l5 sanctioned by, or is affiliated with Plafutiff;

l6 (f) Otherwise competing unfairly with Plaintiff;

goods; and,
t7 (g) Engaging in furttrer acts of misrepresentatiou regarding Plaintiff or Plaintiffs

l8 (h) Engagne in further acts irfringing PlaintifPs rights under California and Federal law.

l9 50. Directing Defendant to:

persons
20 (a) Notig all customers, sellers, distributors, suppliers, manufrctures, advertisers, and other

Property, that
2t involved in Defendant's offer of, or attempt to offer, goods under Plaintiffs Intslloctual

plaintiffs Intellectual Property is owned and controlled exclusively by and for the benefit of Plaintitr;
22

packages, wrapp€rs' receptacles,

23 (b) Deliver to plsintiffto be destroyed all products, labels, 5igns, prints,

and advertisements in Defendant's possession or control and bearing ard/orutilizing

Plaintiffs
24

,( Intellectual properly (or any other name, or other designation" description,

or representation that

26 violates l5 U.S.C. $ ll25(aD;

27

ADVERTISING AND COMMON LAW

28 COMPLAINT FOR FEDERAL I.'NFAIR COMPETITION AND FALSE
AND UNFAIR COMPETITION. DEMAND FOR JURY TRTAL' ' 7
TRADEMARK NTTNTNCEIUENT
I (c) Transfer to Plaintiffall infringing domains which utilize confusingly similar trade names or marks in

1 connection with the marketing and/or sale of men's underweaq,

3 (d) Within ten (10) days ofjudgnnen! take all steps necessary to remove from Defendant's place(s) of

4 business and websit{s), all references to Plaintiffs Intellectual Property, including but not limited to

5 the offering for sale ofproducts that infringe the same'

6 5 l. Ordering an accounting by Defendant ofall revenues and profits dcrived from the providing ofgoods

7 , through the unauthorized use of Plaintiffs Intellectual Property;

8 52. Ordering Defendant to account for and pay over to Plaintiffany and all revenues and profits derived by it

9 and all damages sustained by Plaintiffby reason of the acts complained of in this Complain! including an

r0 assessment of interest on the damages so compute{ and that the damages be febled pursuant Section 35

ll the Lanham Act, 15 U.S.C. $1117, as well as 35 U.S.C. $$ 2M, and all firther applicable law;

t2 53. Awarding PlaintiffDefendant's profits, awarding an amount equal to three times Plaintiffs actual

l3 and awarding Plaintiffthe costs of this astion along with Plaintiffs reasonable attorneys' fees;

t4 54. That each such award of damages be enhanced to the maximum available for each infringement in view of

l5 each of Defendant's willfrrl infringements of Plaintiffs rights;

r6 55. That Plainffibe awarded punitive or exernplary damages under California law because of the egregious,

t7 malicious, and tortious conduct of Defendant complained of herein;

l8 56. That Plaintiffrecover the costs of this action including its expenses and reasonable attomeys' fees pursuant

l9 to 15 U.S.C. $1117, 35 U.S.C. $ 285 and all ftrther applicable law, because of the deliberate and willful

20 nature of the infringng activities of Defendant sought to be enjoined hereby, which make this an

21 exceptional case warranting such an awar{

22 57. That Plaintiffbe awarded pre'judgment and post-judgment interest;

23 58. Enter an order for Judgment in favor of Plaintiffand against Defendant on each and every Claim of this

24 Complaint, including by granthg the following relief against Defendant:

25 (a) That Defendant be adjudged to have engaged in federal unfair competition under Section 43 ofthe

26 Lanham Act, 15 U.S.C. $ I125 and unfair competition and hade,mark infringement under the common

27 law and statutory laws ofthe State of California;

28 COMPLAINT FOR FEDERAL IJNFAIR COMPETITION AND FALSE ADVERTTSING AND COMMON LAW
TRADEMARK TNFRTNGEMENT AND UNFAIR COMPETMON. DEMAND FOR ruRY TRTAL. ' 8
 I O) Ttu Deeodobc a{irdgrdo hsrp triiospd PlaidFs It rtbyep mcWhirdofhcn n;

2 (c) Bsqufoiry rb Dctudm, sie &ftty (30) drys rftEr rcnrioc ofocbo ofthc cnEy orfjdgncnt, a u
3 iqlnciioF rtumt&rto, filewi&&oCorrtds.trvEoPhidifscounselarritErt€p6trnd6
4 oolt lcoiry frrtfr in drail thcre h nffiDcftnddhr qc@icd wiethc Cqrt's odcr;

5 (O A$'udiry b Phfintif$ch o6cr ed firfrrrclicfs thc Court uy decmfi$ad prqcr adcneise

6 piovidcdbykw.

7
flNY DE}IAIiTD
I Plniffi deme a tial by jury m dl ohims ad is$ca so tilbh.
9
nespocfufysmirc4
l0
ll
t2 An*rn;o l'4nt"s
AffimyNrm
r3
2 J"lj ?,t\
ft/h-h
t4

r5

t6

LT

It
t9

m
2l
D,

23

u
25

26

n
2t FOR FEDERAL I'NFAIR COMPETMON A}{D FAI.SE ADVERISING AND @MMON I.AW
I IM(,INGEMENT AI{D T,NFAIR OOIIIPETITIO}{. DEMAND FIOR,URY TRIAL. . 9