Case 2:20-cv-06503-RGK-JDE Document 2 Filed 07/22/20 Page 1 of 22 Page ID #:4
`
`
`
`
`Jordan Susman, Esq. (SBN 246116)
`jsusman@nolanheimann.com
`Margo Arnold, Esq. (SBN 278288)
`marnold@nolanheimann.com
`NOLAN HEIMANN LLP
`16133 Ventura Boulevard, Suite 820
`Encino, California 91436
`Telephone: (818) 574-5710
`Facsimile: (818) 574-5689
`
`
`
`
`
`Attorneys for Plaintiffs Clint Eastwood
`and Garrapata, LLC
`
`
`
`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`
`
`CLINT EASTWOOD, an individual;
`GARRAPATA, LLC, a California limited
`liability company,
`
`
`
`
`
`Plaintiffs,
`
`vs.
`
`
`
`SERA LABS, INC., a Delaware
`corporation; GREENDIOS dba
`EUPHORIC, a California corporation;
`FOR OUR VETS, LLC dba PATRIOT
`SUPREME, an Arizona limited liability
`company; DOES 1-30, inclusive,
`
`Case No.:
`
`COMPLAINT FOR DAMAGES
`
`1. VIOLATION OF CALIFORNIA
` CIVIL CODE SECTION 3344;
`2. VIOLATION OF COMMON LAW
` RIGHT OF PUBLICITY;
`3. FALSE ENDORSEMENT
` UNDER THE LANHAM ACT
` (15 U.S.C. § 1125(A));
`4. TRADEMARK INFRINGEMENT
` (15 U.S.C. § 1114(1)(A));
`5. COMMON LAW TRADEMARK
` INFRINGEMENT;
`6. DEFAMATION;
`7. FALSE LIGHT INVASION OF
`PRIVACY
`
`
`DEMAND FOR JURY TRIAL
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`-1-
`
`
`
`COMPLAINT
`
`
`
`20
`
`
`
`
`
`Defendants.
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`
`
`

`

`Case 2:20-cv-06503-RGK-JDE Document 2 Filed 07/22/20 Page 2 of 22 Page ID #:5
`
`
`
`
` Plaintiffs Clint Eastwood and Garrapata, LLC, by and through their
`
`undersigned attorneys, allege upon knowledge as to themselves and their own acts
`
`1
`
`2
`
`3
`
`and allege upon information and belief as to all other matters, bring this Complaint.
`
`4
`
`5
`
`1.
`
`For more than 60 years, Clint Eastwood has been one of the most
`
`INTRODUCTION
`
`6
`
`famous actors, producers, and directors in the world. Mr. Eastwood is fiercely
`
`7
`
`protective of his name and image, and has rarely licensed either for the promotion of
`
`8
`
`products outside of the movies he acted in or directed. Like many of his most famous
`
`9
`
`characters, Mr. Eastwood is not afraid to confront wrongdoing and hold accountable
`
`10
`
`those that try to illegally profit off his name or likeness. Indeed, Mr. Eastwood
`
`11
`
`previously litigated and won a jury trial against the National Enquirer, which was
`
`12
`
`affirmed on appeal, after the tabloid falsely claimed to have exclusively interviewed
`
`13
`
`Mr. Eastwood and misappropriated his name, likeness, and personality to promote
`
`14
`
`and sell its product.
`
`15
`
`2.
`
`This action arises from an online scam that uses a false, defamatory, and
`
`16
`
`wholly fabricated “news article” about Mr. Eastwood to promote and sell cannabidiol
`
`17
`
`(“CBD”) products. Under the headline “Big Pharma In Outrage Over Clint
`
`18
`
`Eastwood’s CBD: [Name of CBD Product] - He Fires Back With This!”, the
`
`19
`
`fraudulent “article” prominently features photographs of Mr. Eastwood and
`
`20
`
`references a fabricated interview with Mr. Eastwood in which he touts his purported
`
`21
`
`line of CBD products. In truth, Mr. Eastwood has no connection of any kind
`
`22
`
`whatsoever to any CBD products and never gave such an interview. Examples of the
`
`23
`
`fraudulent “article” are below and attached hereto as Exhibits 1 and 2.
`
`
`
`
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`-2-
`
`
`
`COMPLAINT
`
`
`
`

`

`Case 2:20-cv-06503-RGK-JDE Document 2 Filed 07/22/20 Page 3 of 22 Page ID #:6
`
`
`
`
`
`
`
`
`
`
`
`3.
`
`The fraudulent “article” also contains fabricated quotes from Mr.
`
`Eastwood and false allegations that “he would be stepping away from the spotlight to
`
`put more time into his wellness business” and “relations with some studios grew so
`
`tense that they ended up giving him an ultimatum - acting or his wellness line”—all
`
`of which are demonstrably untrue.
`
`4.
`
`The fraudulent “article” contains links to purchase what it claims are Mr.
`
`Eastwood’s line of CBD products, thereby allowing the defendants to illegally profit
`
`from their misuse of Mr. Eastwood’s name, likeness, and false association with their
`
`products.
`
`5.
`
`The unlawful actions by the defendants amount to a willful and
`
`conscious disregard for Mr. Eastwood’s rights, are knowingly false, and are
`
`intentionally designed to capitalize on the goodwill, recognition, and fame associated
`
`with Mr. Eastwood.
`
`6.
`
`By this action, Mr. Eastwood seeks to hold accountable the persons and
`
`entities that wrongfully crafted this scheme, spread false and malicious statements of
`
`facts about him, and illegally profited off of his name and likeness.
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`-3-
`
`
`
`COMPLAINT
`
`
`
`

`

`Case 2:20-cv-06503-RGK-JDE Document 2 Filed 07/22/20 Page 4 of 22 Page ID #:7
`
`
`
`1
`
`2
`
`
`PARTIES
`
`Plaintiff Clint Eastwood is an individual and resident of Los Angeles
`
`7.
`
`3
`
`County, California.
`
`4
`
`8.
`
`Plaintiff Garrapata, LLC (“Garrapata”) is a California limited liability
`
`5
`
`company with its principal place of business in Los Angeles County, California. By
`
`6
`
`assignment from Mr. Eastwood, Garrapata holds all trademarks related to Mr.
`
`7
`
`Eastwood and Mr. Eastwood’s name and likeness rights apart from those he grants in
`
`8
`
`connection with the promotion and exploitation of the films he makes. Garrapata and
`
`9
`
`Mr. Eastwood are referred to collectively herein as “Plaintiffs.”
`
`10
`
`9.
`
`Defendant Sera Labs, Inc. is a Delaware corporation with its principal
`
`11
`
`place of business in Los Angeles County, California. It is the manufacturer,
`
`12
`
`distributor, and seller of CBD products called Sera Relief.
`
`13
`
`10. Defendant Greendios is a California corporation that does business as
`
`14
`
`Euphoric with its principal place of business in Los Angeles County, California. It is
`
`15
`
`the manufacturer, distributor, and seller of CBD products called Euphoric CBD.
`
`16
`
`11. Defendant For Our Vets, LLC is an Arizona limited liability company
`
`17
`
`that does business as Patriot Supreme with its principal place of business in Maricopa
`
`18
`
`County, Arizona. It is the manufacturer, distributor, and seller of CBD products
`
`19
`
`called Patriot Supreme.
`
`20
`
`12. Plaintiffs are unaware of the true names and capacities of defendants,
`
`21
`
`whether individual, corporate, associate, or otherwise, named herein as Does 1
`
`22
`
`through 30, inclusive, and therefore sue said defendants by such fictitious names (the
`
`23
`
`“Doe Defendants”). Plaintiffs will seek leave to amend this Complaint to state when
`
`24
`
`their true names and capacities are ascertained. (All of the Defendants, including the
`
`25
`
`Doe Defendants, collectively are referred to herein as “Defendants”).
`
`26
`
`13. At all times mentioned in this Complaint, all of the Defendants acted in
`
`27
`
`concert to knowingly cause, facilitate, control, induce, or otherwise participate in the
`
`28
`
`
`
`
`
`
`
`-4-
`
`
`
`COMPLAINT
`
`
`
`

`

`Case 2:20-cv-06503-RGK-JDE Document 2 Filed 07/22/20 Page 5 of 22 Page ID #:8
`
`
`
`wrongful conduct alleged herein.
`
`
`JURISDICTION AND VENUE
`
`
`
`14. The Court has original jurisdiction pursuant to 28 U.S.C. §§ 1331 and
`
`1
`
`2
`
`3
`
`4
`
`1338(a). This is a civil action arising under federal law, the Lanham Act of 1946 as
`
`5
`
`amended (codified at 15 U.S.C. §§ 1051, et seq.). The pendent state law claims are so
`
`6
`
`related to the federal claims that they form part of the same case or controversy
`
`7
`
`pursuant to Article III of the United States Constitution. The Court therefore has
`
`8
`
`supplemental jurisdiction over those claims pursuant to 28 U.S.C. § 1367(a).
`
`9
`
`15. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b)
`
`10
`
`for several independent reasons, including: several of the Defendants “reside” in this
`
`11
`
`judicial district for venue purposes under 28 U.S.C. § 1391(c)(2); a substantial part of
`
`12
`
`the events or omissions giving rise to the claims occurred in this district.
`
`13
`
`14
`
`15
`
`GENENRAL ALLEGATIONS
`
`Clint Eastwood
`
`16. Clint Eastwood is recognized around the world as an icon of the
`
`16
`
`entertainment industry. After rising to fame in the 1950s as the star of the TV series
`
`17
`
`Rawhide, Mr. Eastwood became one of the world’s biggest movie stars with his roles
`
`18
`
`as the “Man With No Name” in a series of Westerns in the late 1960s and the Dirty
`
`19
`
`Harry films of the 1970s and 80s. In 1971, Mr. Eastwood directed his first of more
`
`20
`
`than 30 motion pictures, including the Academy Award winning Best Pictures
`
`21
`
`Unforgiven (1992) and Million Dollar Baby (2004). In addition to his successful
`
`22
`
`career in the entertainment industry, Mr. Eastwood served as the mayor of Carmel-
`
`23
`
`by-the-Sea in the late-1980s. In 2006, Mr. Eastwood was inducted into the California
`
`24
`
`Hall of Fame located at The California Museum for History, Women, and the Arts.
`
`25
`
`According to fellow Academy Award winner Sean Penn, Mr. Eastwood “has become
`
`26
`
`cinema’s Mount Rushmore . . . [and] the embodiment of American film.”
`
`27
`
`28
`
`
`
`
`
`
`
`17. Mr. Eastwood has a long-standing history of rejecting third party
`
`-5-
`
`
`
`COMPLAINT
`
`
`
`

`

`Case 2:20-cv-06503-RGK-JDE Document 2 Filed 07/22/20 Page 6 of 22 Page ID #:9
`
`
`
`
`licenses. With rare exception, Mr. Eastwood reserves the exploitation of his
`
`personality rights and the goodwill associated therewith for his motion pictures and
`
`1
`
`2
`
`3
`
`other entertainment related projects, and for business ventures in which he is
`
`4
`
`personally involved.
`
`5
`
`18. Mr. Eastwood does not have, and never has had, any association with the
`
`6
`
`manufacture, promotion, and/or sale of any CBD products.
`
`7
`
`8
`
`The Fraudulent Article
`
`19. Among the top results of an online search for “Clint Eastwood CBD” is
`
`9
`
`a website for go.ushealthynews.com, with the headline “Big Pharma in Outrage over
`
`10
`
`Clint Eastwood’s CBD.” Below and attached hereto as Exhibit 3 is a true and
`
`11
`
`correct image of such a Google search.
`
`
`
`20.
`
`In addition, Defendants send emails with the subject line, “Clint
`
`Eastwood Exposes Shocking Secret Today.” In the body of the email is an apparent
`
`article from NBC’s Today show with a picture of Mr. Eastwood under the headline
`
`“Breaking News: Clint Eastwood Exposes Shocking Secret Today.” Below and
`
`attached hereto as Exhibit 4 is a true and correct copy of one of the spam emails.
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`-6-
`
`
`
`COMPLAINT
`
`
`
`

`

`Case 2:20-cv-06503-RGK-JDE Document 2 Filed 07/22/20 Page 7 of 22 Page ID #:10
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`
`
`11
`
`
`
`
`
`21. When one clicks on the link for go.ushealthynews.com in the online
`
`12
`
`search results or the purported Today show report in the spam email, it takes the
`
`13
`
`consumer to a website featuring a fraudulent “news article” purportedly written by a
`
`14
`
`journalist named Alice Palmer that is automatically programmed to appear as if the
`
`15
`
`article was published on the date that a user views the website. The content of the
`
`16
`
`article generally remains the same, even when the header of the website varies. For
`
`17
`
`example, the website URL is sometimes allocated to www.go.ushealthynews.com,
`
`18
`
`but the header of the website sometimes makes it appear as if it was published by
`
`19
`
`“Entertainment Today.” Other times, the website URL is allocated to usmagazine-
`
`20
`
`trending-news.com to make it appear that the article is associated with US Weekly
`
`21
`
`magazine. Attached as Exhibits 1, 2, 5, 6, 7, 8, 9 are examples of the fraudulent
`
`22
`
`“article”.
`
`23
`
`22. The CBD products advertised and sold on the fraudulent “article”
`
`24
`
`include Sera Relief (Exhibit 1), Euphoric CBD (Exhibit 2, 5, 6), and Patriot
`
`25
`
`Supreme (Exhibit 8).
`
`26
`
`23. Other than the names of the products being advertised and sold, the
`
`27
`
`verbiage of the fraudulent “article” does not change substantially, stating among
`
`28
`
`
`
`
`
`
`
`-7-
`
`
`
`COMPLAINT
`
`
`
`

`

`Case 2:20-cv-06503-RGK-JDE Document 2 Filed 07/22/20 Page 8 of 22 Page ID #:11
`
`
`
`other things:
`
`
`
`
`
`
`In an emotional 1-on-1 interview, one of America's most
`respected icons revealed that he wouldn't be where he is without
`CBD. We all know and love Clint Eastwood as the charismatic
`actor and director who has never been shy about advocating for
`marijuana use. He has always been focused on making movies,
`going on tour, and promoting America. However, he shocked
`everyone when he announced his new CBD line, [CBD product],
`would be the next step in his career.
`
`In recent developments, Eastwood revealed that he would be
`stepping away from the spotlight to put more time into his
`wellness business, now that it has grown so fast:
`
`“This was a really, really difficult decision for me. When I started
`this whole thing back in 2015, it really was just a part time
`passion project and a way for me to give back. Now here we are
`almost 5 years later and [CBD product] has steadily grown into
`a full-fledged business that’s helped thousands of people become
`pain free and much happier. My line gives me a chance to do
`something bigger than movies and I knew I would regret it for
`the rest of my life if I let that opportunity pass me by.”
`
`Eastwood went on to say that he never really expected things to
`get this big and that several studios and sponsors were furious
`that he was splitting up his time. In fact, relations with some
`studios grew so tense that they ended up giving him an ultimatum
`- acting or his wellness line. . . .
`
`The product Eastwood is referring to is his breakthrough CBD
`wellness line [CBD product]. The star has spent the past four
`years developing a line of highly effective and highly potent
`wellness products that he claims are the solution for those who
`don’t want to resort to using opiates.
`
`His product [CBD product] sold out within ten minutes when
`first launched and it seems the world can’t get enough of the
`benefits and results.
`
`
`-8-
`
`
`
`COMPLAINT
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`
`
`

`

`Case 2:20-cv-06503-RGK-JDE Document 2 Filed 07/22/20 Page 9 of 22 Page ID #:12
`
`
`
`
`Eastwood even admitted that big pharma companies are furious
`with him after noticing a large decline in sales since [CBD
`
`product] was launched on the market.
`
`“Users of [CBD product] are experiencing results that before
`now were only possible through prescription medication. It’s
`obviously a much cheaper, and safer alternative and because of
`that pharmaceutical companies are finding it harder to keep
`patients using their prescriptions.”
`
`Having a crowd of angry pharmaceutical companies is a unique
`and effective endorsement for [CBD product], but Eastwood has
`still been proactive in getting [CBD product] into the hands of
`those who need it. . . .
`
`While making an appearance on ‘TV Show’ he gifted the cast
`and crew with [CBD product] products and made sure every
`guest was given a sample of the life changing supplement. Since
`then, he has cultivated a huge celebrity clientele who are
`regularly reordering the products. See for yourself!
`
`
`24. The fraudulent “article” further states: “Eastwood’s new line has been a
`
`huge hit amongst fellow celebs who got to try the initial launch of [CBD product]”
`
`followed by a series of false testimonials from Terry Bradshaw, Sam Elliott, Michael
`
`J. Fox, and Garth Brooks about Mr. Eastwood’s purported CBD product. The
`
`fraudulent “article” concludes with a false claim that “Eastwood is offering our lucky
`
`readers the chance to try [CBD product]!” and urging people to purchase the product.
`
`25. Links on the webpage allow the viewer to purchase the CBD products
`
`being touted by Mr. Eastwood.
`
`FIRST CLAIM FOR RELIEF
`
`(Violation of Cal. Civ. Code § 3344 – Garrapata Against All Defendants)
`
`26. Plaintiffs incorporate all prior allegations of this Complaint by this
`
`reference.
`
`27. Garrapata is the owner of the rights of publicity in Mr. Eastwood’s
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`-9-
`
`
`
`COMPLAINT
`
`
`
`

`

`Case 2:20-cv-06503-RGK-JDE Document 2 Filed 07/22/20 Page 10 of 22 Page ID #:13
`
`
`
`
`name, image, likeness, and persona for all purposes, other than those related to the
`
`promotion and exploitation of the motion pictures Mr. Eastwood makes.
`
`28. Defendants have willfully and without authorization used Mr.
`
`1
`
`2
`
`3
`
`4
`
`Eastwood’s name, image, likeness, and persona for commercial purposes, to advertise
`
`5
`
`CBD products including Sera Relief, Euphoric CBD, and Patriot Supreme, which are
`
`6
`
`manufactured, distributed and/or sold by Defendants and each of them.
`
`7
`
`29. Defendants’ unauthorized use of Mr. Eastwood’s name, image, likeness,
`
`8
`
`and persona constitute a commercial misappropriation in violation of Section 3344 of
`
`9
`
`the California Civil Code.
`
`10
`
`30. As a direct and proximate result of Defendants’ wrongful conduct,
`
`11
`
`Garrapata has suffered, and will continue to suffer, damages in an amount to be
`
`12
`
`proven at trial.
`
`13
`
`31. Defendants have further been unjustly enriched by their
`
`14
`
`misappropriation of Mr. Eastwood’s statutory right of publicity. Accordingly,
`
`15
`
`Garrapata is entitled to restitution of all income, profits, and other benefits resulting
`
`16
`
`from Defendants’ conduct, in an amount to be determined according to proof at trial.
`
`17
`
`32. Defendants’ actions as alleged herein were malicious, oppressive, and
`
`18
`
`fraudulent, and done with the intent to injure Plaintiffs and with a willful and
`
`19
`
`conscious disregard for Garrapata’s rights. As a result, Garrapata is entitled to
`
`20
`
`recover from Defendants punitive and exemplary damages in an amount sufficient to
`
`21
`
`punish and deter them and others from engaging in such acts in the future.
`
`SECOND CLAIM FOR RELIEF
`
`(Violation of Common Law Right of Publicity – Garrapata Against All
`
`33. Plaintiffs incorporate all prior allegations of this Complaint by this
`
`Defendants)
`
`reference.
`
`34. Garrapata is the owner of the common law rights of publicity in Mr.
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`-10-
`
`
`
`COMPLAINT
`
`
`
`

`

`Case 2:20-cv-06503-RGK-JDE Document 2 Filed 07/22/20 Page 11 of 22 Page ID #:14
`
`
`
`
`Eastwood’s name, image, likeness, and persona necessary for endorsement deals.
`
`35. Defendants have willfully and without authorization used Mr.
`
`1
`
`2
`
`3
`
`Eastwood’s name, image, likeness, and persona for commercial purposes, to advertise
`
`4
`
`and promote the sale of CBD products including Sera Relief, Euphoric CBD, and
`
`5
`
`Patriot Supreme, which are manufactured, distributed and/or sold by Defendants and
`
`6
`
`each of them.
`
`7
`
`36. Defendants’ unauthorized use of Mr. Eastwood’s name, image, likeness,
`
`8
`
`and persona constitutes a violation of California’s common law right of publicity.
`
`9
`
`37. As a direct and proximate result of Defendants’ wrongful conduct,
`
`10
`
`Garrapata has suffered, and will continue to suffer, damages in an amount to be
`
`11
`
`proven at trial.
`
`12
`
`38. Defendants have further been unjustly enriched by their infringement of
`
`13
`
`Plaintiffs’ common law right of publicity. Accordingly, Garrapata is entitled to
`
`14
`
`restitution of all income, profits, and other benefits resulting from Defendants’
`
`15
`
`conduct, in an amount to be determined according to proof at trial.
`
`16
`
`39. Defendants’ actions as alleged above were malicious, oppressive, and
`
`17
`
`fraudulent, and done with the intent to injure Plaintiffs and with a willful and
`
`18
`
`conscious disregard for Garrapata’s rights. As a result, Garrapata is entitled to
`
`19
`
`recover from Defendants punitive and exemplary damages in an amount sufficient to
`
`20
`
`punish and deter Defendants and others from engaging in such acts in the future.
`
`21
`
`THIRD CLAIM FOR RELIEF
`
`22
`
`(False Endorsement (15 U.S.C. § 1125(a)) – Garrapata Against All Defendants)
`
`23
`
`40. Plaintiffs incorporate all prior allegations of this Complaint by this
`
`24
`
`reference.
`
`25
`
`41. Garrapata is the owner of the statutory and common law rights
`
`26
`
`associated with Mr. Eastwood’s name, image, likeness, and persona necessary for
`
`27
`
`endorsement deals, including Mr. Eastwood’s right to decide whether to associate
`
`28
`
`
`
`
`
`
`
`-11-
`
`
`
`COMPLAINT
`
`
`
`

`

`Case 2:20-cv-06503-RGK-JDE Document 2 Filed 07/22/20 Page 12 of 22 Page ID #:15
`
`
`
`
`Mr. Eastwood’s name, image, likeness, or persona with any third party for purposes
`
`relating to sponsorship and/or endorsement.
`
`42. Defendants used distinctive attributes of Mr. Eastwood’s persona,
`
`1
`
`2
`
`3
`
`4
`
`including his name, image, and likeness without permission by posting online a false
`
`5
`
`“news article” that included images of Mr. Eastwood and false quotes from Mr.
`
`6
`
`Eastwood and other celebrities regarding a purported line of CBD products created
`
`7
`
`by Mr. Eastwood.
`
`8
`
`43. Defendants’ unauthorized uses constitute false or misleading
`
`9
`
`representations of fact to falsely imply the endorsement of Defendants’ businesses
`
`10
`
`and products by Mr. Eastwood.
`
`11
`
`44. Defendants’ unauthorized uses of Mr. Eastwood’s persona are likely to
`
`12
`
`confuse and deceive consumers as to Mr. Eastwood’s sponsorship and/or
`
`13
`
`endorsement of Defendants’ CBD products. Specifically, Defendants’ use of Mr.
`
`14
`
`Eastwood’s name, image, and likeness is likely to cause consumers to mistakenly
`
`15
`
`believe that Mr. Eastwood is associated with Defendants’ CBD products, or that he
`
`16
`
`sponsors or endorses Defendants’ products.
`
`17
`
`45. As a direct and proximate result of the acts of false endorsement set
`
`18
`
`forth above, Garrapata has suffered actual damages in an amount to be proven at trial.
`
`19
`
`46. Garrapata is entitled to the full range of relief available under the
`
`20
`
`Lanham Act, 15 U.S.C. § 1117, including, without limitation, an award of actual
`
`21
`
`damages and the disgorgement of Defendants’ profits arising from their false or
`
`22
`
`misleading acts.
`
`23
`
`47. Defendants’ conduct further renders this an “exceptional” case within
`
`24
`
`the meaning of the Lanham Act, thus entitling Garrapata to an award of attorneys’
`
`25
`
`fees and costs.
`
`26
`
`48. Defendants committed the unauthorized acts described above knowing
`
`27
`
`that they are likely to cause consumers to falsely believe that Mr. Eastwood endorses
`
`28
`
`
`
`
`
`
`
`-12-
`
`
`
`COMPLAINT
`
`
`
`

`

`Case 2:20-cv-06503-RGK-JDE Document 2 Filed 07/22/20 Page 13 of 22 Page ID #:16
`
`
`
`
`Defendants’ brands and products. Defendants have thus willfully, knowingly, and
`
`maliciously deceived and confused the relevant consuming public, such that
`
`1
`
`2
`
`3
`
`Garrapata is entitled to an award of treble damages.
`
`4
`
`5
`
`6
`
`7
`
`FOURTH CLAIM FOR RELIEF
`
`(Trademark Infringement (15 U.S.C. § 1114(1)) – Garrapata Against All
`
`49. Plaintiffs incorporate all prior allegations of this Complaint by this
`
`Defendants)
`
`8
`
`reference.
`
`9
`
`50. Garrapata has selectively used the trademark CLINT EASTWOOD in
`
`10
`
`commerce in connection with products and services.
`
`11
`
`51. Garrapata owns a federally registered trademark U.S. Registration No.
`
`12
`
`3265483 in Mr. Eastwood’s name for “Entertainment services, namely, personal
`
`13
`
`appearances and live performance and live recorded performances by a movie star
`
`14
`
`and actor” (the “Registered Mark”). A true and correct copy of Garrapata’s
`
`15
`
`Trademark Certificate from the United States Patent and Trademark Office is
`
`16
`
`attached hereto as Exhibit 10.
`
`17
`
`52. The Registered Mark is a valid trademark owned by Garrapata.
`
`18
`
`Additionally, by virtue of Mr. Eastwood’s longstanding and continuous use of the
`
`19
`
`Registered Mark in commerce, Garrapata has acquired a valid common law
`
`20
`
`trademark in Mr. Eastwood’s name. The public has come to recognize the Registered
`
`21
`
`Mark as exclusively identifying Mr. Eastwood, and the mark is famous worldwide.
`
`22
`
`53. Defendants infringed Garrapata’s registered and common law
`
`23
`
`trademarks by using the mark on the internet, including the fraudulent “article,” to
`
`24
`
`promote Defendants’ brands and to sell their CBD products.
`
`25
`
`54. Defendants’ unauthorized use of Garrapata’s registered and common
`
`26
`
`law trademarks are likely to confuse and deceive consumers as to the origin,
`
`27
`
`sponsorship, and/or endorsement of Defendants’ CBD brands and products.
`
`28
`
`
`
`
`
`
`
`-13-
`
`
`
`COMPLAINT
`
`
`
`

`

`Case 2:20-cv-06503-RGK-JDE Document 2 Filed 07/22/20 Page 14 of 22 Page ID #:17
`
`
`
`
`Specifically, Defendants’ use of Mr. Eastwood’s name and mark is likely to cause
`
`consumers to mistakenly believe that Mr. Eastwood is associated with Defendants, or
`
`1
`
`2
`
`3
`
`that he sponsors or endorses Defendants’ products.
`
`4
`
`55. As a direct and proximate result of the acts of trademark infringement
`
`5
`
`set forth above, Garrapata has suffered actual damages in an amount to be proven at
`
`6
`
`trial.
`
`7
`
`56. Garrapata is entitled to the full range of relief available under the
`
`8
`
`Lanham Act, 15 U.S.C. § 1117, including, without limitation, an award of actual
`
`9
`
`damages and the disgorgement of Defendants’ profits arising from the acts of
`
`10
`
`trademark infringement.
`
`11
`
`57. Defendants’ conduct further renders this an “exceptional” case within
`
`12
`
`the meaning of the Lanham Act, thus entitling Garrapata to an award of attorneys’
`
`13
`
`fees and costs.
`
`14
`
`58. Defendants committed the infringement described above knowing that
`
`15
`
`their unauthorized use of the CLINT EASTWOOD trademark is likely to cause
`
`16
`
`consumer confusion. Defendants have thus willfully, knowingly, and maliciously
`
`17
`
`deceived and confused the relevant consuming public, such that Garrapata is entitled
`
`18
`
`to an award of treble damages.
`
`19
`
`FIFTH CLAIM FOR RELIEF
`
`20
`
`(Common Law Trademark Infringement – Garrapata Against All Defendants)
`
`21
`
`59. Plaintiffs incorporate all prior allegations of this Complaint by this
`
`22
`
`reference.
`
`23
`
`60. Garrapata owns a valid common law trademarks in CLINT
`
`24
`
`EASTWOOD for use in connection with the promotion of products and services in
`
`25
`
`the entertainment industry.
`
`26
`
`61. The Registered Trademark is likewise a valid trademark owned by
`
`27
`
`Garrapata.
`
`28
`
`
`
`
`
`
`
`-14-
`
`
`
`COMPLAINT
`
`
`
`

`

`Case 2:20-cv-06503-RGK-JDE Document 2 Filed 07/22/20 Page 15 of 22 Page ID #:18
`
`
`
`
`62. The public has come to recognize the CLINT EASTWOOD mark as
`
`exclusively identifying Mr. Eastwood, and the mark is famous worldwide.
`
`63. Defendants have infringed Garrapata’s trademark by using the mark on
`
`1
`
`2
`
`3
`
`4
`
`the internet, including the fraudulent “article,” to promote Defendants’ brands and
`
`5
`
`sale of CBD products.
`
`6
`
`64. Defendants’ unauthorized use of Garrapata’s trademark is likely to
`
`7
`
`confuse and deceive consumers as to the origin, sponsorship, and/or endorsement of
`
`8
`
`Defendants’ brands and products. Specifically, Defendants’ use of Garrapata’s mark
`
`9
`
`is likely to cause consumers to mistakenly believe that Mr. Eastwood is associated
`
`10
`
`with Defendants and/or that he sponsors or endorses Defendants’ products.
`
`11
`
`65. As a direct and proximate result of the acts of trademark infringement
`
`12
`
`set forth above, Garrapata has suffered actual damages in an amount to be proven at
`
`13
`
`trial.
`
`14
`
`66. Defendants acted with fraud, oppression, or malice in infringing
`
`15
`
`Garrapata’s mark as alleged above. As such, in addition to the other relief sought
`
`16
`
`herein, Garrapata is entitled to an award of punitive damages.
`
`17
`
`18
`
`19
`
`SIXTH CLAIM FOR RELIEF
`
`(Defamation – Mr. Eastwood Against All Defendants)
`
`67. Plaintiffs incorporate all prior allegations of this Complaint by this
`
`20
`
`reference.
`
`21
`
`68. The fraudulent “article” contains false statements of fact, including
`
`22
`
`without limitation:
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`a. “In an emotional 1-on-1 interview, one of America's most respected
`
`icons revealed that he wouldn’t be where he is without CBD”;
`
`b. “We all know and love Clint Eastwood as the charismatic actor and
`
`director who has never been shy about advocating for marijuana use”;
`
`c. “[Mr. Eastwood] shocked everyone when he announced his new CBD
`
`-15-
`
`
`
`COMPLAINT
`
`
`
`

`

`Case 2:20-cv-06503-RGK-JDE Document 2 Filed 07/22/20 Page 16 of 22 Page ID #:19
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`
`line, [CBD product], would be the next step in his career”;
`
`d. “Eastwood revealed that he would be stepping away from the spotlight
`
`to put more time into his wellness business”;
`
`e. “several studios and sponsors were furious that he was splitting up his
`
`time”;
`
`f. “relations with some studios grew so tense that they ended up giving
`
`him an ultimatum - acting or his wellness line”;
`
`g. “The product Eastwood is referring to is his breakthrough CBD wellness
`
`line [CBD product]”;
`
`h. “The star has spent the past four years developing a line of highly
`
`effective and highly potent wellness products that he claims are the
`
`solution for those who don’t want to resort to using opiates”;
`
`i. “Eastwood even admitted that big pharma companies are furious with
`
`him after noticing a large decline in sales since [CBD product] was
`
`launched on the market”;
`
`j. “Eastwood has still been proactive in getting [CBD product] into the
`
`hands of those who need it”;
`
`k. “While making an appearance on ‘TV Show’ he gifted the cast and crew
`
`with [CBD product] and made sure every guest was given a sample of
`
`the life changing supplement”;
`
`l. “he has cultivated a huge celebrity clientele who are regularly reordering
`
`the products”;
`
`m. “Eastwood’s new line has been a huge hit amongst fellow celebs who
`
`got to try the initial launch of [CBD product]”;
`
`n. “Eastwood didn’t want our readers to miss out on experiencing the
`
`benefits of [CBD product] for themselves”;
`
`o. “Eastwood is offering our lucky readers the chance to try [CBD
`
`-16-
`
`
`
`COMPLAINT
`
`
`
`

`

`Case 2:20-cv-06503-RGK-JDE Document 2 Filed 07/22/20 Page 17 of 22 Page ID #:20
`
`
`
`1
`
`2
`
`3
`
`4
`
`product]!”;
`
`
`p. “Eastwood can only offer a limited amount of special bottles so you’ll
`
`
`
`need to act quickly to take advantage of this amazing offer”.
`
`69. The fraudulent “article” also contains false statements of fact that are
`
`5
`
`attributed to Mr. Eastwood himself, including: “‘When I started this whole thing back
`
`6
`
`in 2015, it really was just a part time passion project and a way for me to give back.
`
`7
`
`Now here we are almost 5 years later and [CBD product] has steadily grown into a
`
`8
`
`full-fledged business that’s helped thousands of people become pain free and much
`
`9
`
`happier. My line gives me a chance to do something bigger than movies and I knew I
`
`10
`
`would regret it for the rest of my life if I let that opportunity pass me by.’”
`
`11
`
`70. The fraudulent “article” also contains false statements of fact that are
`
`12
`
`attributed to other celebrities including, Terry Bradshaw (“‘Eastwood gave me a
`
`13
`
`sample of [CBD product]”) and Michael J. Fox (“‘The advances Eastwood has made
`
`14
`
`in the CBD industry are remarkable.’”).
`
`15
`
`71. The statements in the foregoing paragraphs 68 through 70, which are
`
`16
`
`referred to collectively herein as the “False Statements,” are unprivileged, false, and
`
`17
`
`defamatory.
`
`18
`
`72. The False Statements are of and concerning Mr. Eastwood in that they
`
`19
`
`falsely allege that Mr. Eastwood (1) uses CBD products; (2) attributes his health
`
`20
`
`and/or successful career to his purported use of CBD products; (3) developed and
`
`21
`
`announced a line of CBD products; (4) CBD products would be the next step in Mr.
`
`22
`
`Eastwood’s career; (5) will step away from his entertainment career to put more time
`
`23
`
`into his purported wellness business; (6) started a purported CBD business in 2015 as
`
`24
`
`a passion project; (7) his purported CBD