15

CIVIL COVER SHEI

JS44C/SDNY JU^U^
REV. 4/2014

initialing the civildocket sheet

*1
i service of

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DEFENDANTS HOUC-A6ACK. '.MB BL* CkWGXLC

CARLABMONE. MEMBER ON BEHALF OF HOLLA'BACK RECORDS.

ENTERTAINMENT, &MANAGEMENT LLC

ATTORNEYS (FIRM NAME. ADDRESS. AND TELEPHONE NUMBER

PHARRELL WILLIAMS. GWEN STEFANI.EMI MUSIC PUBLISHING,

r! ofna^reth. harajuku lover music, chase.chad

MUSIC. INERSCOPE RECORDS. UNIVERSAL MUSIC &BMG RIGHT&rWfc

ATTORNEYS (IF KNOWN)

PRO-SE- CARLA B. BOONE, C/O KEVIN W. NEWMAN. BUSINESS

N/A

MANAGER, P.O.BOX 970JYRONE.GA 30290,

CAUSE
ACT10N(C.TETHEU.S.
WH.CHUNLESS
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FUNG AND WR.TE ABR.EF STATEMENT OF CAUSE)
CAUSE OF
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JUR|SD|STATUTE
CT10NALUNDER
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DIVERSITY)

SECT.ONS 32 AND 43 OF LANHAM ACTS. 15 U.S.C. 1114(1)41125 ATRADEMARK/UNFA.R COMPETIT.ON AND FALSE , Ju^/cr,^
2guS-C. Sect 32 as coMnav^iy^^Ce-ccfS^lS.GO^1

Has this action, case, orproceeding, orone essentia,*the samebeen previous*filed in SDNYatanytime? N&esQudge^s^Aligned
If yes. was this case Vol. QI*- PhmtaMd. No Q Yes Q lf* &ve date
Is THISAN INTERNATIONAL ARBITRATION CASE?

No 0

&Case No. _

Yes D
NATURE OF SUIT

(PLACEAN M IN ONEBOX ONLY)

ACTIONS UNDER STATUTES

TORTS

PERSONAL INJURY

[ J310 AIRPLANE

[]110
[]120

INSURANCE
MARINE

[]130

MILLER ACT

[]140

NEGOTIABLE

[ 1320 ASSAULT, LIBEL&

IPSO

INSTRUMENT
RECOVERY OF

[ ]330 FEDERAL

ll 1
1)152

OVERPAYMENTS
ENFORCEMENT
OF JUDGMENT
MEDICARE ACT
RECOVERY OF
DEFAULTED
STUDENT LOANS

(EXCLVETERANS)
[]153

1)160

[ ]190
[ H9S

(1196

RECOVERY OF
OVERPAYMENT
OF VETERAN'S
BENEFITS
STOCKHOLDERS
surrs
OTHER
CONTRACT
CONTRACT
PRODUCT
LIABILITY
FRANCHISE

[ )316 AIRPLANE PRODUCT

LIABILITY

SLANDER

PERSONAL INJURY
| ]367 HEALTHCARE/
PHARMACEUTICAL PERSONAL
INJURY/PRODUCT UABILITY
[ ]365 PERSONAL INJURY
PRODUCTLIABILITY
I) 368ASBESTOSPERSONAL

EMPLOYERS'
LIABILITY

[ ]340 MARINE

[ ]345 MARINE PRODUCT

LIABILITY

[ ]350 MOTOR VEHICLE

I ]355 MOTORVEHICLE

FORFEITURE/PENALTY

BANKRUPTCY

OTHER STATUTES

[ ]825 DRUG RELATED

SE|ZURE OFPROPERTY
21 USC 881

[ ] 422 APPEAL

1400 STATE
in
REAPPORTIONMENT

, , 6gn qTHER

INJURY PRODUCT
LIABILITY
PERSONAL PROPERTY

[ 1370 OTHER FRAUD

LAND

[ ]220

CONDEMNATION
FORECLOSURE

[ J230

RENT LEASES.
EJECTMENT

[ ] 360 OTHER PERSONAL

INJURY

I 1362 PERSONAL INJURY MED MALPRACTICE

[ 1380 OTHERPERSONAL

LABOR

PROPERTY DAMAGE

1 1385PROPERTYDAMAGE

[ ]710 FAIR LABOR

STANDARDS ACT

PRODUCT LIABILITY

M720LABOR/MGMT
PRISONER PETITIONS
I 1463 ALIEN DETAINEE
I 1510 MOTIONS TO

ACTIONS UNDER STATUTES

VACATE SENTENCE
28 USC 2255

aVIL RIGHTS

[ )441 VOTING
[ ]442 EMPLOYMENT
[ ]443 HOUSING/
ACCOMMODATIONS

[ ]445 AMERICANS WITH

TORTS TO LAND

[1240
[]Z45

TORT PRODUCT

[ 1290

ALL OTHER

I 1410 ANTITRUST

PROPERTY RIGHTS

[] 430 BANKS &BANKING

[ )450 COMMERCE
[ ]460 DEPORTATION
[ ]470 RACKETEER INFLU

[ 1820 COPYRIGHTS
[]830 PATENT
M 840 TRADEMARK

[ 1480 CONSUMER CREDIT

SOCIAL SECURITY

[ ] 850securities/

28 USC 157

[ 1371TRUTH INLENDING

[ ] 530 HABEAS CORPUS

[ ]535 DEATH PENALTY

[ ]540 MANDAMUS &OTHER

[ I740 RAILWAY LABOR ACT

[ ] 751 FAMILY MEDICAL
LEAVE ACT (FMLA)

[ ]790 OTHER LABOR

LITIGATION

[ 1791 EMPLRET INC

SECURITY ACT

LIABILITY

DISABILITIESEMPLOYMENT

IMMIGRATION

PRISONER aVIL RIGHTS

[] 550 CIVILRIGHTS
( ) 555 PRISON CONDITION
[ ] 560 CIVILDETAINEE

[ ]861HIA(1395ff)
[ 1862 BLACK LUNG (923)
I 1863 DIWC/DIWW (405(g))
[ ]864 SSID "TITLE XVI

[1865 RSI (405(g))

ENCED & CORRUPT

ORGANIZATION ACT

(RICO)

[]490 CABLE/SATEarTETV
commodities;
exchange

[ 1462NATURAUZATION
APPLICATION

I ]465 OTHERIMMIGRATION

[ J890OTHER STATUTORY
ACTIONS

RELATIONS

(Non-Prisoner)
( 1210

28 USC 158

[ ]423 WITHDRAWAL

PRODUCT LIABILITY

[ ]440 OTHERCIVIL RIGHTS

REAL PROPERTY

1375 FALSE CLAIMS

( 1891 AGRICULTURAL ACTS

FEDERAL TAX SUITS

[ J870 TAXES (U-S. Plaintiff or

Defendant)

[ ) 871IRS-THIRD PARTY
26 USC 7609

1 ]893 ENVIRONMENTAL
MATTERS

[ ]895 FREEDOM OF
INFORMATION ACT

[ ] 896 ARBITRATION
[ ] 899 ADMINISTRATIVE
PROCEDURE ACT/REVIEW OR
APPEAL OF AGENCY DECISION

[ 1950CONSTITUTIONALITY OF
STATE STATUTES

ACTIONS

CONDITIONS OF CONFINEMENT

[ ] 446 AMERICANS WITH

DISABILITIES-OTHER

[ ]44B EDUCATION

REAL PROPERTY

Checkif demanded in complaint

THIS CASE IS RELATED TO ACIVIL CASE NOW PENDING IN S.D.N.Y.?

CHECK IF THIS IS ACLASS ACTION

UNDER F.R.C.P. 23

DEMAND $

OTHER

Check YES only ifdemanded incomplaint

JURY DEMAND: S YES LN.O

JUDGE

DOCKET NUMBER

NOTE: You must also submit atthe time of filing the Statement of Relatedness form (Form IH-32).

ORIGIN

(PLACEAN xINONEBOXONLY)

1 Original

L_J 2 Removed from

State Court
. ,
[\
a. all parties represented.

Proceeding

n 5 Transferred from Q6 Multidistrict

3
o
-. h dL-l 4 Reinstated
Remanded
Reopened or

(Specify District)

Q 7 Appeal to District

Litigation

Q b. Atleast one

IF DIVERSITY, INDICATE

BASIS OF JURISDICTION

{PLACEAN xINONEMXONLY)

Magistrate Judge
Judgment

1^*
Appellate
Court

party is pro se.

Judge from

FEDERALQUESTION

CITIZENSHIP BELOW.

4 DIVERSITY

n 1U.S. PLAINTIFF 2U.S. DEFENDAN 1_| ^ g ^ apARTY)

cmZENSH,P OF PRWCPAL PARTES (FOR DIVERSITY CASES ONLY)

(Place an IX] in one box for Plaintiff and one box for Defendant)
PTFDEF

Ml
11

CITIZEN OF THIS STATE

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CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY

CmZENOFANOTHERSTATE M2 ' ^ ""^32^"* "^ '

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INCORPORATED and PRINCIPAL PLACE T 5 ! 5

OF BUSINESS IN ANOTHER STATE
FOREIGN NATION

li

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

CARLA B. BOONE
C/O KEVIN W. NEWMAN
P O. BOX 970

TYRONE, GA 30290

(FAYETTE)

DEFENDANTS) ADDRESS(ES) AND counties)

IJCTENSTEIN &YOUNG, 1800 CENTURY
GWEN
STEFANI&HARAJUKUi LOVER MUSIC^C^^CTE^lb
^^
PARK EAST, 10TH FLOOR, LOS ANGELES, CA_90067^AN^tLx ]
ENT.1755
WILLIAMS/CHAD HUGO/CHASE CHAD&WATERS; OF ^^ CVO b.
mSYSTEM

BROADWAY, NYNY10019(NY) UNIVERSAL MUS^

F^TH AVENUE NY 10011(NY) BMG RIGHTS MGT.175 BWY NY N' Y^XsO -re ioi,**anp|Iap.g5, HI
REScfADDRESSES OF THE FOLLOWING DEFENDANTS:

Check one:

DATE

RECEIPT

,W^X^^^S " MANHAN

THIS
(DO NOT

COMPLAINT.)
SIGNATURE OF ATTORNEY OF RECORD

,A'
a^

ADMITTED TO PRACTICE IN THIS DISTRICT

11 NO

[ 1YES (DATE ADMITTED Mo.

# <ivCy

Attorney Bar Code #

Magistrate Judge is idbe designated by the fcferk ofthe Court. M

llTOrUlS
is so Designated.

Magistrate Judge.

Deputy Clerk, DATED.

Ruby J- Krajick, Clerk of Court by.

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

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Yr._

Carla B.

Boone, Pro SE

C/0 Kevin W. Nevnnan, Business Manager

HOLLA'BACK RECORDS, ENT...LLC
P.

0.

BOX 970

TYRONE,

GA

15

30290

EMAIL kwnevnaan366aol.com

Telephone:

(404)

139

232-9852
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

JUDGE SUUJVAN
HOLLA'BACK RECORDS,

MANAGEMEMT,

LLC.

ENTERTAINMENT &

GEORGIA LLC.

CASE NO.

COMPLAINT FOR TRADEMARK INFRINGEMENT;

FALSE DESCRIPTION;

Plaintiff,

INJURY TO

BUSINESSS REPUTATION

vs.

JURY TRIAL DEMANDED

GWEN STEFANI,

PHARRELL L.

WILLIAMS, EMI MUSIC PUBLISHING,

WATERS OF NAZARETH PUBLISHING,
HARAJUKU LOVER MUSIC,
MUSIC,

CHASE CHAD

INTERSCOPE RECORDS,

UNIVERSAL MUSIC AND VIDEO

c~;

DISTRIBUTION,BMG RIGHTS MANAGEMENT

LLC

HOLLABACK!, ROB BLISS CREATIVE,

LLC.

Defendants

JURY

TRIAL DEMANDED

:^

z:

-~7 r~^

Plaintiff, HOLLA'BACK RECORDS, ENTERTAINMENT AND MANAGEMENT, LLC

(hereinafter called "Plaintiff"), representing itself, on a Pro-Se

basis, as and for their complaint against Defendants Gwen Stefani

("Stefani'), Pharrell Williams ("Williams") and their record labels,

publishers and distributors in addition to Hollaback!, a New York

organization, and Rob Bliss Creative ("Bliss") a Michigan LLC.
(hereinafter collectively referred to as "Defendants" or
individually by Last Name) alleges the following:
II.

JURISDICTION AND VENUE

1.

This is a complaint for Trademark Infringement, Unfair

Competition and False Description arising under 32 and 43 of the

Lanham Act, 15 U.S.C. 1114 (1)

(a)

(Trademark Infringement) and 1125

(Unfair Competition and False Description) and for Injury to

Business Reputation.

2. This Court has original subject matter jurisdiction over this

action pursuant to 28 U.S.C. 1331 and 1338 (a), 15 U.S.C. 1121

and 28 U.S.C. 1121

This Court has related claim jurisdiction

over the state law tort claim pursuant to 28 U.S.C 1138

(b) and 28

U.S.C. 32 as controversy exceeds $75,000.

3. This Court has personal jurisdiction over all Defendants aside

from "Stefani" and her publishers & "Bliss" because their principal
place of businesses are in the State of New York.
4. Venue is proper in this district under 28 U.S.C.

1391 (a), in

that all of the Defendants (except Stefani and her publishers &
"Bliss")

are subject to personal jurisdiction in this district at

JURY TRIAL

DEMANDED

the time the action is commenced and under 28 U.S.C. 1391 (b) and

(c) for Defendant Hollaback!, Pharrell Williams, Chad Hugo and EMI

because, upon information and belief, a substantial part of the

events giving rise to the claims occurred in this district, a
substantial part of the property that is subject to the claims
occurred in this district and each Defendant maintains a principal

place of business in this district.

THE

PARTIES

5. Since 1999, Plaintiff Holla'back Records Entertainment and

Management, LLC. was a Limited Liability Corporation organized and

existing under the laws of the State of New York, initially, having
a principal address of 1007 President Street, Brooklyn, NY 11225.
The principal address for Plaintiff is now 255 Newfield Drive,
Tyrone, GA 30290. Plaintiff is and has always been in the business
of producing, promoting, selling hip hop/rap & r&b music,
recording/managing/consulting musical artists,

including but not

limited to musical and recording artists in the hip hop and rap
genre.

6. Plaintiff also sells merchandise including CD's,

t-shirts, and

apparel and creates/markets/promotes Entertainment videos via all

available media since 1998.

7.

Plaintiff also sells its merchandise and advertises its

products./services via the Internet website hollaback.org since

approximately 1998.

JURY

TRIAL DEMANDED

Defendant Pharrell L. Williams

("Williams)

8. Upon information and belief, defendant PHARRELL L.

WILLIAMS("WILLIAMS") is a resident of the state of New York and is a

popular musical producer in the hip hop or rap genre, recording and
producing hip hop music and artists with defendant Hugo under the
name The Neptunes.

9. Defendant Williams is one of the co-authors, together with

defendants Gwen Stefani ("Stefani) and Chad Hugo ("Hugo), of the

Infringing Song at issue herein as indicated in the ASCAP song

registry.

10. Aside from Plaintiff's alleged infringement, upon information

and belief,

Defendant Williams has been alleged to have engaged in

multiple copyright infringement allegations and is herein alleged to

be a serial Intellectual Property thief/infringer. Aside from
Defendants's alleged copyright infringement allegation of her

Holla'back song vs. their Young'N (Holla back)song, the pending

trial against Defendant for the alleged infringement of the late,

great, Marvin Gaye's (Got to Give it Up v.Blurred Lines), as well as

this trademark infringement claim, Williams has been alleged to have

infringed upon the copyrights of multiple and numerous Artists

including, but not limited to: David and Peter Currin, Frank Zaconi,
Geggy Tah, Franz Ferdinand (originally alleged yet later retracted),
Monte $ (Twerk It), Anne Marsden (Happy Video),

and a trademark

inquiry by Will.i. AM; acts which allowed to continue to remain

unchallenged and unpunished can only lead to continued prey upon the

JURY

TRIAL DEMANDED

artistic community at the hands of this alleged serial offender and

what we believe is unwarranted praise, accolades and financial

gain/opportunities typically and rightfully deserved of the alleged

original trademark/copyright holder(s)/creators of these pieces.
11. Upon information and belief, defendant Williams is also the
owner of and does business as a music publisher under the name

Waters of Nazareth Publishing, with offices at c/o EMI Blackwood

Music, 810 Seventh Avenue, New York, NY

10019, as indicated in the

registry of Broadcast Music ("BMI").

Defendant Gwen Stefani

("Stefani)

12. Upon information and belief, defendant Gwen Stefani ("Stefani)

is a resident of the State of California. Stefani is an American

recording artist and debuted her first solo album in 2004.

13. Upon information and belief, defendant Stefani is also the
owner of and does business as a music publisher under the name

HARAJUKU LOVER MUSIC, located at 1800 Century Park East, 10th Floor,
Los Angeles, CA

90067.

Defendant Chad Hugo

14.

("Hugo")

Upon information and belief, defendant CHARLES E. HUGO

("HUGO")

is a resident of the State of New York and is a popular

musical producer in the hip hop or rap genre, recording and

producing hip hop music and artists with defendants Williams under
the professional name of the Neptunes.

JURY

TRIAL

DEMANDED -

15. Defendant Hugo is one of the co-authors, together with

defendants Stefani and Williams, of the Infringing Song at issue

herein, as indicated in the ASCAP song registry.

16. Upon information and belief, defendant Hugo is also the owner
of and does business as a music publisher under the name of Chase

Chad Music, with offices at c/o Sony/ATV Music Publishing, 424

Church Street, Suite 1200, Nashville, TN

37219.

Defendant Hugo is one of the co-authors, together with defendants

Williams and Stefani of the Infringing Song at issue herein, as
indicated in the ASCAP song registry.
Defendant Universal Music

17. Upon information and belief, defendant Universal Music is the

distributor of the infringing song and has offices located at
1775 Broadway,

NY

10019.

Defendant Interscope Records

18. Interscope Records is a major US record label authorized to

do business in the State of New York,

at 1755 Broadway,

NY NY

10019.

Defendant BMG Music Publishing

19. Upon information and belief, Defendant BMG Music Publishing is

a major US publisher doing business in the State of New York, at
1745 Broadway, NY NY 10019
Defendant EMI Music Publishing

20. Upon information and belief, defendant EMI is the publisher

of the musical composition and songs defendant Williams through

JURY TRIAL DEMANDED

Williams'

d/b/a Waters of Nazareth Music,

including the

Infringing Song at issue herein.

21. EMI Music Publishing, a Connecticut corporation duly

authorized to do business in the State of New York with offices
at 550 Madison Avenue,

New York,

NY

10022.

22. Upon information and belief, defendant EMI is the publisher

of the musical composition of defendant Williams and the
Infringing Song at issue herein.

Defendant Hollaback!

23.

On information and belief,

Defendant Hollaback!

was formed

under the laws of the state of New York on July 26, 2010 with
offices located at 30 Third Avenue,

800B,

Brooklyn,

New York

11217. Although there is no Agent of Service listed,

Emily May is

listed as the Co-Founder and Executive Director.

24,

Defendant Rob Bliss Creative

Upon information and belief,

Defendant Rob Bliss Creative is an

online viral video Marketing Agency with its principal offices

located at 50 Louis N. W. Suite 601,

Grand Rapids, MI

49503.

III.FACTUAL BACKROUND

25. The name Holla'back Records,... LLC has been associated with

quality Independent rap and r&b songs/artists and promotional

products since early 1998. On January 22, 2002 and May 18, 2010,

JURY

TRIAL

DEMANDED

Plaintiff was officially granted registration numbers 2,534,501 and

3,789,864 for the words and mark Holla'back Records,

Entertainment

and Management for audio and video recordings featuring images of

artists,

audio recordings featuring music,

or video recording,

blank Recorded disks,

dvd-rs, blank recordable dvds,

blank cd-roms for sound

blank recorded cdrs and

downloadable mp3files and mp3

recordings featuring music, webcasts and podcasts featuring music,

audio books and news broadcasts;

recordings,

downloadable musical sound

downloadable video recordings featuring music and

images of artists,

electric phonographs; phonograph record sleeves;

phonograph records featuring music; phonograph records featuring

artists music,
for clothing,

images and names. For gloves as clothing; headbands

hoods,

jackets, tops,

wearable garments and clothing,

namely shirts; Management of Performing Artists, namely models,

singers and/or actors and for Entertainment marketing services,

namely, marketing, promotion and advertising for independent
recording artists as registered by the United States Patent and
Trademark Office

("USPTO), see Exhibits A & B. Holla'back Records,

Entertainment and Talent Management LLC.

times,

Plaintiff has,

at all

continuously used this name Holla'back...in commerce, within

the rap/r&b/hip-hop music/entertainment industry/fields, including

but not limited to promotion of its Entertainment services, placing
artists in videos, motion pictures/television shows/print ads,
music showcases, selling its merchandise, phonograph records, CDs's
etc.

JURY

TRIAL

DEMANDED

A.

26.

Defendants Rob Bliss Creative and Holla'back

On or around August 2014,

Defendants Hollaback!

Creative began distributing and marketing,

and Rob Bliss

via Internet and various

Entertainment mediums including Entertainment Tonight/Access

Hollywood, various news outlets television channels,

"10 hours of

walking in New York City" featuring an Actress/Model Shoshana

Roberts as "a woman walks around New York City for 10 hours,

as she

gets street called 100 times by men."

27. The video was,

subsequently, highly criticized as editing out

non-minorities originally filmed doing such cat-calls and while

leaving in and including only minorities.

Bliss,

defendant Rob

apologized on Reddit for the editing by admitting "We got a

fair amount of white guys,

they said was in passing,

later

The creator,

but for whatever reason,

a lot of what

or off camera." This post,

however, was

deleted.

28. After "10 hours Of Walking" was shown with the Hollaback name

included at the end of the production piece on Access

Hollywood/Entertainment Tonight, Plaintiff received numerous

telephone calls inquiring about the association of the Actress/model

in this Entertainment piece and questioning why, as a minority who

has advocated for equality, Holla'back would produce and
subsequently edit such an inflammatory piece.

JURY

TRIAL

DEMANDED

29. Plaintiff then began researching this issue and divulged that
Holla'back's trademark was being used to market this piece as well
as promote its hollaback song, t-shirts and website (in addition to

soliciting numerous donations/speaking engagements, paying salaried

employees and other financial windfalls) through the Hollaback
trademark. Defendant Rob Bliss Creative has also acknowledged the
numerous internet hits he has received from this video which

Plaintiff believes has resulted in other profitable advertising

situations for Defendants.

30. A cease and desist letter followed to Defendants Hollaback and

Bliss. Additional telephone calls were not returned and thus the
lawsuit was immediately filed.

31. Defendants Hollaback! and Rob Bliss creative's use of the

Hollaback trademark throughout the course of business, to attract

donors and to market and promote its products is both deceptively

and confusingly similar to Holla'back's longstanding trademark.
32. Defendants Hollaback! and Rob Bliss Creative marketed their "10

Hours of Walking" video under the ihollaback.org website

JURY TRIAL DEMANDED

10

B. Defendants Gwen Stefani, Pharrell Williams, Chad Hugo

33.Chad Hugo and Pharrell Williams promoted, produced and release

the song Holla'back girl in 2004/2005 along with a video promoting
the song.

34. This song is listed as a rap/rnb/swing style and was one of the
first songs to create over 1,000,000 digital downloads.

35. Plaintiff recently became aware of infringing song and, upon

further research, discovered that it was produced by the same

producers who,

allegedly, infringed upon her Holla'back song in 2003

in the copyright infringement lawsuit Boone v. Jackson et al.

Holla'back vs. Young'N Holla back when she received a telephone call
from a colleague who asked if this Holla'back song was the original
song infringed due to its feature in a documentary released
featuring said alleged infringed song.

36. This revelation only came to light after Pharrell Williams was
being promoted as the new host of the hit TV show The Voice in or
around September 2014 and a new infringement occurred while

promoting his arrival as one of the new coaches and their playing
the infringing song,

Holla'back Girl,

as part of the promotion for

his appearance on this/Stefani's appearance(s) on the show in or

around September of 2014 along with their continued promotion and
performance of the the alleged infringed song

"Hollaback Girl"

live on the Voice May 8, 2014.

JURY TRIAL DEMANDED -

37. The continued rap utterance of the trademark Hollaback in the

Stefani song Hollaback girl is confusingly similar to the

Holla'back's longstanding trademark for "for audio and video

recordings featuring images of artists, audio recordings featuring

music, blank cd-roms for sound or video recording, , blank Recorded
disks, blank recorded cd[rs and dvd-rs, blandk recordable dvds,
downloadable mp3files and mp3 recordings featuring music, webcasts
and podcasts featuring music, audio books and news broadcasts;

downloadable musical sound recordings, downloadable video recordings

featuring music and images of artists, electric phonographs;
phonograph record sleeves; phonograph records featuring musicphonograph records featuring artists music, images and names.
FIRST CLAIM

TRADEMARK INFRINGEMENT UNDER LANHAM ACT 32

38. Plaintiff repeats and hereby incorporates herein by reference,

as though specifically pleaded herein, the allegations in 1-37.

39.

Defendants' wrongful use of the name Holla'back comprises an

infringement of Holla'back's registered trademark and has and will

continue to cause confusion, mistake and deception of the public as

to identify and origin of Holla'backs songs, goods/services causing

irreparable harm to Holla'back for which there is no adequate remedy
at law. , blank Recorded disks, blank recorded cd[rs and dvd-rs,

blandk recordable dvds, downloadable mp3files and mp3 recordings

featuring music, webcasts and podcasts featuring music, audio books

and news broadcasts; downloadable musical sound recordings,

JURY TRIAL DEMANDED -

12

downloadable video recordings featuring music and images of artists,

electric phonographs; phonograph record sleeves; phonograph records

featuring music; phonograph records featuring artists music, images

and names. For gloves as clothing; headbands for clothing, hoods,

jackets, tops, wearable garments and clothing, namely shirts;

Management of Performing Artists, namely models, singers and/or

actors and for Entertainment marketing services, namely, marketing,

promotion and advertising for independent recording artists

40.

By reason of the foregoing acts, Defendants are liable to

Holla'back Records, Ent.

15 U.S.C.

& Mgt.

LLC for Trademark Infringement under

1114

SECOND CLAIM

UNFAIR COMPETITION UNDER THE LANHAM ACT 43

41.

Plaintiff repeats and herein incorporates herein by reference,

as though specifically pleaded herein, the allegations of paragraphs

1-40.

42.

Defendants' use of the Holla'back mark to promote, market,

sell

its products or services in direct competion with Holla'back

products and services constitutes Unfair Competition pursuant to 15

U.S.C 1125

(a).

Defendants use of the Holla'back trademark has

caused and is likely to continue to cause damage to Holla'back, and

is causing irreparable harm to Holla'back for which there is no

adequate remedy at law.
THIRD

FALSE

CLAIM

DESCRIPTION

JURY

TRIAL

DEMANDED

13

43. Plaintiff repeats and hereby incorporates herein by reference,

as though specifically pleaded herein, the allegations of paragragh

1-42.

44.

Defendants' wrongful use of Holla'back's mark is such a

colorable imitation and copy of Holla'back's trademark in the

Entertainment/music field for consumer hip/hop songs, promotion of
artists,

promotional material that Defendants' use thereof in the

context of entertainment is likely to cause continued confusion or

to cause mistake,

or to deceive consumers as to the affiliation,

connection or association of Holla'backs products,

consumers s to the origin,
of the Defendants'
45.

Holla'back

or to deceive

sponsoring or association by Holla'back

products.

avers

that

Defendants'

use

of

the mark "Hollaback"

comprises false description or representation of Defendants'

business or products under 15 U.S.C.

1125(a)

(Section 43(a)

of the

Lanham Act).

FOURTH CLAIM

COMMON LAW INJURY TO BUSINESS REPUTATION

46. Plaintiff repeats and hereby incorporates herein by reference,

as though specifically pleaded herein, the allegations of paragraph

1-45.

47.

Holla'back alleges that Defendants'

wrongful use of Holla'backs

trademark inures and creates a likelihood of injury to Holla'backs

business reputation because persons encountering Hollaback! and its

JURY TRIAL DEMANDED -

14

products and services will believe that Hollaback Records is

affiliated with or related to or has the approval of Defendants, and

any adverse reaction by the public to Defendants and the quality of

their products or nature of its business/editing of future videos
will injure the business reputation of Holla'back Records...LLC and
the goodwill that it enjoys in connection with its mark "Holla'back
Records,

Ent.

& Management,

South, LLC."

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendants and each

of them as

follows:

a) The Defendants, Hollaback!, Rob Bliss Creative,

Pharrell

Williams, Gwen Stefani and all of their agents, officers,

employees, representative, distributors, assigns, attorneys and

all other persons acting for, with, by, through or under

authority from Defendants, and each of them, be preliminarily and

permanently enjoining from:

b) Using Holla'back Records..LLCs trademark depicted in Exhibits

A&B or any colorable imitation thereof;

c) Using any trademark that imitates or is confusingly similar to or

in any way similar to Holla'backs trademark or that is likely to

cause confusion, mistake, deception or public misunderstanding as
to the origin of Holla'backs products/services or their
connections to Defendants.

d) That Defendants be required to file with the Court and serve on

Holla'back within thirty (30) days after entry of the Injunction,

JURY TRIAL DEMANDED

15

a report in writing under oath setting forth in detail the manner

and form in which Defendants have complied with the Injunction;

e) That, pursuant to 15 U.S. C. 1117, Defendants be held liable

for all damages suffered by Holla'back Records resulting from the
acts alleged herein;
f) That, pursuant to 15 U. S. C. 117,

Defendants be compelled to

account to Holla'back Records..LLC for any and all

donations/profits derived by it from its illegal acts complained

of heren;

g) That the Defendants be ordered, pursuant to 15 U.S.C 1118 to

deliver up for destruction all containers,

labels, signs,

phonograph records, t-shirts, promotional ites,

Cd's,

delete fro

Internet circulation any mp3 solicitation or any item,

promotional material or the like in possession,

custody or under

the control of Defendants bearing a trademark found to infringe

on Holla'back Recors' rights.

h) For damages not less than $25,000,000 for Defendants Stefani,

Williams,

their publishers and distributors and $5,000,000 for

Defendants Hollaback!

and Rob Bliss Creative,

and to the extent

permitted by law
i) That the Court declare this to be an exceptional case and award

Plaintiff her hourly professional rate and full court costs

pursuant to 15 USC 117.

JURY TRIAL DEMANDED -

16

j) That the Court grant Holla'back Records...LLC any other remedy to

which it may be entitled as provided under 15 U.S.C 116 and 117

under

state law and

k) For such other and further relief as the Court deems just and
proper.

JURY DEMAND

Plaintiff hereby demands trial by jury for all issues in this action
triable of right by jury.

Dated this 23rd day of February,

2015.

(Carla B.

Boone,

member:

on behalf of Holla'back

Records,

Entertainment &

Management,

LLC.)

VERIFICATION

I, Carla B. Boone,

as a member of Holla'back Records,

the Plaintiff in the above entitled action.

Ent...LLC, am

I have read the

foregoing and know the contents thereof.

The same is true of my own
knowledge, except as to those mattes which are therein alleged on
information and belief,

and as to those matters I believe it to be

true.

I declare under penalty of perjury that the foregoing is true and

correct and that this declaration was executed in Tyrone, Georgia.
Dated

Carla B.

Boone

JURY

TRIAL

DEMANDED

17

EXHIBIT A

<&s

CERTIFICATE OF REGISTRATION
PRINCIPAL REGISTER

The Mark shown in this certificate has been registered inrmtxz

Patent and Trademark Office to the named registrant.

The records of the United States Patent and Trademark Ofke skm mz
an applicationfor registration ofthe Mark shown in this Cerrijiexe ^aspies as: 5&
Office; that the application was examined and determined to.be in comp&mct vzz
the requirements ofthe law and with the regulations prescribed by :he D&sasrat m
United States Patent and Trademark Office; and thai me Applkam ts tssfe* r
registration ofthe Mark under the TrademarkAct of1946. as Amended.,

Acopy of the Mark and pertinent data from the appikatim -jp* par, of
this certificate.

This registration shall remain in force for TEX din ymrz, w^esi
!W?MtSiMSi:
terminated earlier as provided by law, and subject ro compliance was mwtm
ofSection 8ofthe TrademarkAct of1946. as Amended.

D&tcxe 5/sw ifmm J*se

EXHIBIT B

^iteto states of &mer,w

V***'

Wlniuto States? patent anb tErafcemarfc Office

^^f

Holla'back Records,
Entertainment & Management

Reg. No. 3,789,864

HOLLA'BACK RECORDS, ENT. & MANAGEMENT SOUTH (GEORGIA LIMITED LIABILITY

Registered May 18,2010

P. O. BOX 970

COMPANY)
TYRONE, GA 30290

Int. Cls.: 9,25 and 35

TRADEMARK
SERVICE MARK
PRINCIPAL REGISTER

FOR: AUDIO AND VIDEO RECORDINGS FEATURING IMAGES OF ARTISTS; AUDIO RE

CORDINGS FEATURING MUSIC; BLANK CD-ROMS FOR SOUND OR VIDEO RECORDING;
BLANK RECORD DISKS; BLANK RECORDABLE CD-RS AND DVD-RS; BLANK RECORD
ABLE DVDS; DOWNLOADABLE MP3 FILES AND MP3 RECORDINGS FEATURING MUSIC;
DOWNLOADABLE MP3 FILES, MP3 RECORDINGS, ON-LINE DISCUSSION BOARDS,
WEBCASTS AND PODCASTS FEATURING MUSIC, AUDIO BOOKS AND NEWS BROAD
CASTS; DOWNLOADABLE MUSICAL SOUND RECORDINGS; DOWNLOADABLE VIDEO
RECORDINGS FEATURING MUSIC AND IMAGES OF ARTISTS; ELECTRIC PHONO
GRAPHS; PHONOGRAPH RECORD SLEEVES; PHONOGRAPH RECORDS FEATURING
MUSIC; PHONOGRAPH RECORDS FEATURING ARTISTS MUSIC, IMAGES AND NAMES,
IN CLASS 9 (U.S. CLS. 21, 23, 26,36 AND 38).
FIRST USE 1-11-1999; IN COMMERCE 1-11-1999.

FOR: GLOVES AS CLOTHING; HEADBANDS FOR CLOTHING; HOODS; JACKETS; TOPS;

WEARABLE GARMENTS AND CLOTHING, NAMELY, SHIRTS; WRAPS, IN CLASS 25 (U.S.
CLS. 22 AND 39).
FIRST USE 1-11-1999; IN COMMERCE 1-11-1999.

FOR: ENTERTAINMENT MARKETING SERVICES, NAMELY, MARKETING, PROMOTION

AND ADVERTISING FOR INDEPENDENT RECORDING ARTISTS , IN CLASS 35 (U.S. CLS.

100,101 AND 102).
FIRST USE 1-11-1999; IN COMMERCE 8-1-1999.
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR

TICULAR FONT, STYLE, SIZE, OR COLOR.

NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "RECORDS, ENTERTAINMENT
& MANAGEMENT", APART FROM THE MARK AS SHOWN.
SER. NO. 77-828,293, FILED 9-16-2009.

f^^^/p*
Director of the United Slates Patent and Trademark Office

ARETHA SOMERVILLE, EXAMINING ATTORNEY