Case 2:17-cv-06059-BRO-GJS Document 11 Filed 08/18/17 Page 1 of 3 Page ID #:133

1 DAVID J. STEELE, CA Bar No. 209797

david.steele@tuckerellis.com
2 HOWARD A. KROLL, CA Bar No. 100981
howard.kroll@tuckerellis.com
3 STEVEN E. LAURIDSEN, CA Bar No. 246364
steven.lauridsen@tuckerellis.com
4 TUCKER ELLIS LLP
515 South Flower Street
5 Forty-Second Floor
Los Angeles, CA 90071-2223
6 Telephone: (213) 430-3400
Facsimile: (213) 430-3409
7
Attorneys for Plaintiffs
8 Coachella Music Festival, LLC and
Goldenvoice, LLC
9
Chicago Cleveland Columbus Houston Los Angeles San Francisco St. Louis

10 UNITED STATES DISTRICT COURT

11 CENTRAL DISTRICT OF CALIFORNIA
12 WESTERN DIVISION
13 COACHELLA MUSIC ) Case No. 2:17-cv-06059 BRO (GJSx)
TUCKER ELLIS LLP

FESTIVAL, LLC and )

14 GOLDENVOICE, LLC., ) NOTICE OF MOTION AND MOTION
) FOR PRELIMINARY INJUNCTION
15 Plaintiffs, )
) DATE: September 18, 2017
16 v. ) TIME: 1:30 p.m.
) CTRM: 7C
17 ROBERT TREVOR SIMMS and )
DOES 1-20, ) Honorable Beverly Reid OConnell
18 )
)
19 Defendants. )
)
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 Case 2:17-cv-06059-BRO-GJS Document 11 Filed 08/18/17 Page 2 of 3 Page ID #:134

1 TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

2 PLEASE TAKE NOTICE that on September 18, 2017 at 1:30 p.m., or as soon
3 thereafter as this matter may be heard before the Honorable Beverly Reid OConnell, in
st
4 Courtroom 7C of this Court located at 350 W. 1 Street, Los Angeles, California,
5 Plaintiffs Coachella Music Festival, LLC and Goldenvoice, LLC (collectively
6 Plaintiffs) will present their motion for preliminary injunction against Defendant
7 Robert Trevor Simms and DOES 120 (Defendants).
8 Plaintiffs will move, and hereby do move, this Court, pursuant to Rule 65 of the
9 Federal Rules of Civil Procedure, for an order preliminarily enjoining Defendants, and
10 their officers, agents, servants, employees and attorneys, and all other persons acting in
Cleveland Columbus Denver Los Angeles San Francisco

11 concert with or participation with Defendants who receive actual notice of the Courts
12 preliminary injunction, as follows:
1. Defendants, and their officers, agents, servants, employees and attorneys,
TUCKER ELLIS LLP

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14 and all other persons acting in concert with or participation with Defendants who receive
15 actual notice of the Courts preliminary injunction, are enjoined from:
16 a. Using, marketing, advertising, applying to register, or promoting
17 COACHELLA FOR MOVIES, COACHELLA FILM FESTIVAL,
18 FILMCHELLA, FILMCHILLA, FILMCHLLA, FILMCOACHELLA, or any
19 similar designation, on or in connection with entertainment services, event
20 promotion, or any goods or services related thereto, or as a domain name
21 (including but not limited to filmcoachella.com, filmchella.com, or
22 filmchilla.com), online account name, display name, social media account name,
23 URL, URI, web page title, or online campaign;
24 b. Using, marketing, advertising, applying to register, or promoting any
25 mark similar to the Plaintiffs COACHELLA, COACHELLA (stylized), CHELLA,
26 CHELA, and COACHELLA VALLEY MUSIC AND ARTS FESTIVAL
27 trademarks and service marks on or in connection with entertainment services,
28 event promotion, or any goods or services related thereto, or as a domain name,

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 Case 2:17-cv-06059-BRO-GJS Document 11 Filed 08/18/17 Page 3 of 3 Page ID #:135

1 online account name, display name, social media account name, URL, URI, web
2 page title, or online campaign;
3 c. Assisting, aiding or abetting any other person or business entity in
4 engaging in or performing any of the activities recited in paragraph 1,
5 subparagraphs (a) - (b) above.
6 The grounds for this motion are that Defendants have been illegally using the
7 famous Coachella Trademarks and Services Marks to promote a festival that competes
8 with Plaintiffs famous Coachella Valley Music & Arts Festival, and in doing so, they are
9 infringing on Plaintiffs marks. Defendants festival is scheduled to take place from
10 September 29, 2017 to October 1, 2017, thus warranting immediate injunctive relief.
Cleveland Columbus Denver Los Angeles San Francisco

11 This Motion is based on this Notice of Motion and Motion; the Memorandum of
12 Points and Authorities in Support; the Declaration of Jason Bernstein; the record in this
13 matter; and such other and further papers, evidence, and argument as may be submitted in
TUCKER ELLIS LLP

14 connection with this Motion.

15 Pursuant to Local Civil Rule 7-3, no conference of counsel is necessary because
16 Plaintiffs are moving for a preliminary injunction; however, Plaintiffs have given
17 Defendants prior notice of their intent to bring this motion.
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19 Respectfully submitted,
20
21 DATED: August 18, 2017 Tucker Ellis LLP
22 By: /s/David J. Steele
23 David J. Steele
Howard A. Kroll
24 Steven E. Lauridsen
25
Attorneys for Plaintiffs
26 Coachella Music Festival, LLC
And Goldenvoice, LLC
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