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`IN THE UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`WAYNE FARMS LLC
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`Plaintiff,
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`v.
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`JOHN DOE AND
`LINKEDIN CORPORATION
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`Defendants
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`Civil Action No.: ___________
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`Judge ___________
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`Magistrate Judge ___________
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`Plaintiff, WAYNE FARMS LLC (hereafter sometimes “WAYNE FARMS”) for its
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`COMPLAINT
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`complaint against Defendants, JOHN DOE and LINKEDIN CORPORATION alleges:
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`PARTIES
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`(1)
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`Plaintiff, WAYNE FARMS, is a limited liability company organized under the
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`laws of Delaware, with its principal place of business located at 4110 Continental Drive,
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`Oakwood, GA 30566.
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`(2)
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`Defendant, JOHN DOE on information and belief, an individual soliciting
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`fraudulent product orders, receiving money, copying at least infringing graphics, counterfeiting
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`trademarks and misappropriating a right of publicity in the United States, including the Northern
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`District of Illinois.
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`(3)
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`Defendant LinkedIn Corporation is corporation that does substantial business in
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`the Northern District of Illinois operating a social networking web site that provides a platform
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`enabling JOHN DOE to promote his fraudulent transactions in the United States and the
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`Northern District of Illinois.
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`1
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`Case: 1:20-cv-05191 Document #: 1 Filed: 09/02/20 Page 2 of 26 PageID #:2
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`(4) WAYNE FARMS is the assignee of right of publicity rights directly relating to
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`this action from its employee Patrick J. Gomez (hereafter sometimes “Real Pat Gomez”) who is
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`not a party to this litigation.
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`JURISDICTION AND VENUE
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`(5)
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`This action is for Federal trademark infringement, dilution, unfair competition and
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`cybersquatting involving claims arising under the Trademark Act of the United States
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`commonly known as the Lanham Act 15 U.S.C. §§ 1051 et seq., for Federal Copyright
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`infringement under the Copyright laws of the United States, 17 U.S.C. § 101 et seq, for state
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`trademark infringement, injury to business reputation and dilution, deceptive trade practices,
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`deceptive business practices and unfair competition under the laws of the State of Illinois,
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`involving claims arising under the Trademark Registration and Protection Act, 765 ILCS § 1036
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`et seq., the Consumer Fraud Act 815 ILCS 505/2 et seq., Deceptive Trade Practices Act 815
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`ILCS 510/2 et. seq., and the common law and the assigned right of publicity rights of Real Pat
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`Gomez under the laws of Illinois, Georgia and Arizona.
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`(6)
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`This Court has subject matter jurisdiction over the federal claims pursuant to 28
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`U.S.C. §§ 1331, 1338(a) and 15 U.S.C. § 1121, and has subject matter jurisdiction over the state
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`law claims under 28 U.S.C. §§ 1338(b) and 1332, and since these claims are joined with
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`substantial and related claims under the Trademark Laws of the United States.
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`(7)
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`Venue properly lies within the Northern District of Illinois pursuant to 28 U.S.C.
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`§ 1391as these causes of action arise as a result of the misrepresentations on JOHN DOE’S
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`LinkedIn Profile a direct solicitation within this District and, based upon information and belief,
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`JOHN DOE’S use of the email address, and LINKEDIN Profile and contents to solicit and
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`misappropriate funds world wide including from businesses in this District.
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`2
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`Case: 1:20-cv-05191 Document #: 1 Filed: 09/02/20 Page 3 of 26 PageID #:3
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`(8) WAYNE FARMS has, for many years, been engaged in processing, packing and
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`otherwise selling variety of food products in this District, in the United States and
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`internationally.
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`(9) WAYNE FARMS has promoted its marks WAYNE FARMS and BARN, SILO
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`and TREE DESIGN in traditional advertising and promotional channels and electronic media
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`expending advertising and promotional efforts and incurring advertising and promotional
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`expenses in support of said marks and has exclusively used the marks in commerce.
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`(10) Over the years WAYNE FARMS, to protect its valuable trademark rights in its
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`marks WAYNE FARMS and BARN, SILO and TREE DESIGN has obtained Federal
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`Trademark Registrations duly issued from the United States Patent and Trademark Office, status
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`copies showing title comprising the following Exhibits:
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`Trademark
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`Exhibit 1 WAYNE FARMS and
`BARN, SILO and TREE
`DESIGN
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`Exhibit 2 WAYNE FARMS and
`BARN, SILO and TREE
`DESIGN with CHINESE
`"big, powerful, healthy,
`earth"
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`Reg #
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`4371372
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`Drawing
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`Goods
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`Poultry
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`4683867
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`Poultry
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`Exhibit 3 WAYNE FARMS
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`980466 WAYNE FARMS
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`Fresh dressed and
`frozen chickens
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`3
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`Case: 1:20-cv-05191 Document #: 1 Filed: 09/02/20 Page 4 of 26 PageID #:4
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`(11) WAYNE FARMS uses and promotes its company using the following artwork
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`and mark, including promotion on its company website, a screen shot of the home page being
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`shown in Exhibit 4, the website being located at www.waynefarms.com:
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`(12) The WAYNE FARMS website includes current information regarding the
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`company and the products and services it offers to customers, including the history of the
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`company dating back to its founding in 1895.
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`(13) By reason of WAYNE FARMS’ long use, promotion and dissemination of its
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`goods, its marks WAYNE FARMS and BARN, SILO and TREE DESIGN has caused such
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`marks to have acquired recognition, and the relevant trade and public has come to recognize such
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`marks as signifying Plaintiff.
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`(14) Through this long use and promotion and due to the favorable recognition of
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`WAYNE FARMS the mark has become famous as a designation of origin for poultry.
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`(15) Patrick J. Gomez (hereafter sometimes “Real Pat Gomez”) is Senior Sales
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`Manager of Wayne Farms LLC. His residence address is in, Tucson, AZ. He has been
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`employed in that position since 2017 and was National Account Manager from 2014 to 2017.
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`Prior to that he has been in the poultry business since approximately 2000 and in foodservice
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`since 1998. He has had an accurate profile has been posted by him on the social network site
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`LinkedIn since 2013.
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`(16) Wayne Farms LLC is one of the largest poultry processing companies in the
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`United States and the world. It has been in business, itself and through predecessors, since 1895.
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`4
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`Case: 1:20-cv-05191 Document #: 1 Filed: 09/02/20 Page 5 of 26 PageID #:5
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`WAYNE FARMS has built an enviable reputation for the quality of its products and is favorably
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`regarded for its business practices.
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`(17) On or about July 20, 2020 the Real Pat Gomez learned that someone (hereafter
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`sometimes “fake Pat Gomez” or “John Doe”) was claiming to be him and contacting customers.
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`The fake Pat Gomez used an email address “patrickwaynefarms@consultant.com” . A copy of a
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`screen shot of the fake profile is in Exhibit 5 and reproduced below:
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`5
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`Case: 1:20-cv-05191 Document #: 1 Filed: 09/02/20 Page 6 of 26 PageID #:6
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`Scrolling down to the email address shows:
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`(18) The real Pat Gomez began investigating and discovered the fake Pat Gomez
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`account on LinkedIn. He specifically followed the Linkedin “Reporting Fake Profiles”
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`instructions and procedures to report the fake Pat Gomez profile was fake on about July 25,
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`2020.
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`(19) On or about July 25, 2020 the real Pat Gomez also posted a message on his own
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`LinkedIn account that there was a fake profile and the account was a fraud and that the contacts
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`and associates of the real Pat Gomez needed to beware of contacts from the fake Pat Gomez.
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`(20) The fake Pat Gomez profile and other aspects of the account briefly were
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`unviewable on LinkedIn.
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`(21) On August 5th, 2020 the real Pat Gomez and other employees of WAYNE
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`FARMS noticed the fake Pat Gomez profile and other aspects of the account was back up and
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`running.
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`(22) On August 5th, 2020 WAYNE FARMS employee Andrew Piper submitted two
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`notifications following the LinkedIn “Reporting Fake Profiles” instructions and procedures
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`notifying linked in that this was an imposter account, and an account violating linked in
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`standards.
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`(23) The fake Pat Gomez profile and account remained available on LinkedIn.
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`WAYNE FARMS has received inquiries from international buyers about “order status” when, in
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`6
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`Case: 1:20-cv-05191 Document #: 1 Filed: 09/02/20 Page 7 of 26 PageID #:7
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`fact, no order was placed with WAYNE FARMS.
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`(24) On information and belief orders requesting deposits of money and money
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`purporting to be deposits against those orders was solicited and received by fake Pat Gomez/John
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`Doe as a result of the use of counterfeit trademarks, misappropriated copyrighted art and
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`literature, made credible by the fake Pat Gomez profile.
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`(25) On August 11, 2020 WAYNE FARMS was contacted by EMPLOYEE 1 in Italy
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`asking to verify if fake Pat Gomez worked for us as they were about to wire funds. WAYNE
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`FARMS advised he did not that that he was a fraud. They had placed an order.
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`(26) On August 17, 2020 WAYNE FARMS was contacted by CUSTOMER 1, who
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`had been solicited by the fake Pat Gomez to induce them to place an order. WAYNE FARMS
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`notified them he was a fraud.
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`(27) On August 19, 2020 WAYNE FARMS was contacted by CUSTOMER 2.
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`WAYNE FARMS notified them he was a fraud and asked that they notify LinkedIn of the fraud.
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`(28) WAYNE FARMS employee Rose Locke, specifically followed the Linkedin
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`“Reporting Fake Profiles” instructions and procedures to report the fake Pat Gomez profile on
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`August 19, 2020.
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`7
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`Case: 1:20-cv-05191 Document #: 1 Filed: 09/02/20 Page 8 of 26 PageID #:8
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`(29) Also on August 19, 2020, Andrew Piper filed another fake profile report with
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`LinkedIn. There are multiple defects in the fake Pat Gomez profile:
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`(a) Being used fraudulently, it violates LinkedIn’s Terms of use;
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`(b) The fake Pat Gomez is impersonating the real Pat Gomez.
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`(30)
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`Screen shots of portions of the August 19, 2020 reports by Mr.. Piper to
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`LinkedIn include:
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`8
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`Case: 1:20-cv-05191 Document #: 1 Filed: 09/02/20 Page 9 of 26 PageID #:9
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`(31)
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`The August 19, 2020 reports were tried on both personal computer and
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`mobile systems provided by LinkedIn for reporting. On August 21, 2020 EMPLOYEE 2 of
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`CUSTOMER 3 contacted WAYNE FARMS and advised them that he was being contacted by
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`the fake Pat Gomez. Again WAYNE FARMS notified him this was fraud, and to contact
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`LinkedIn. He indicated that he did contact LinkedIn.
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`(32)
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`On August 25, 2020 WAYNE FARMS was able to receive texts from the
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`phone number reported as JOHN DOE’s banking details as shown, for two different bank
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`accounts, with details redacted from this filing:
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`Wells Fargo Account xxxx6603
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`August 26, 2020
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`BB&T Bank Account xxxx6395
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`August 28, 2020
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`9
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`Case: 1:20-cv-05191 Document #: 1 Filed: 09/02/20 Page 10 of 26 PageID #:10
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`(33)
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`On or about August 31, 2020 CUSTOMER 4 was solicited by JOHN DOE
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`to make a deposit on an order. CUSTOMER 4 has a place of business in the Northern District of
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`Illinois. CUSTOMER 4 checked the authenticity of the contact with WAYNE FARMS and was
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`informed that the solicitation was inauthentic.
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`(34)
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`WAYNE FARMS has used the marks WAYNE FARMS and BARN,
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`SILO and TREE DESIGN and has owned the registrations in Exhibits 1, 2 and 3 long prior to
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`JOHN DOE’s first use of the counterfeit mark WAYNE FARMS. JOHN DOE’s use of the
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`counterfeit WAYNE FARMS and a BARN, SILO and TREE DESIGN under the circumstances
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`involved will cause a likelihood of confusion, mistake or deception of a not insignificant number
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`of prospective purchasers into believing that there is some affiliation, association or common
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`source of sponsorship with Plaintiff's marks WAYNE FARMS and BARN, SILO and TREE
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`DESIGN for providing psychological assessments for individual and business purposes, or with
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`Plaintiff's products, services or business.
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`10
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`Case: 1:20-cv-05191 Document #: 1 Filed: 09/02/20 Page 11 of 26 PageID #:11
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`(35)
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`A version of the WAYNE FARMS website was created by WAYNE
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`FARMS employees and in its present version was fixed in a tangible medium of expression on or
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`about April 1, 2015. Copyright Reg. No. TX 8160962 , title: “Wayne Farms 2015 Website”,
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`issued with an effective date of Apr 29, 2015
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`(36)
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`JOHN DOE’s use of the counterfeit WAYNE FARMS, the BARN, SILO
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`and TREE DESIGN, including the fake LinkedIn Profile and related information will cause, and
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`is likely to cause, confusion and mistake with Plaintiff's products and services, disseminated or
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`sold in connection with Plaintiff’s marks WAYNE FARMS and BARN, SILO and TREE
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`DESIGN, or Plaintiff's business so as to deceive consumers, the trade and others, and thereby
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`constitutes an infringement of Plaintiff's rights through unfair competition and false designation
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`of origin.
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`(37)
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`Upon information and belief, the counterfeit WAYNE FARMS mark and
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`BARN, SILO and TREE DESIGN, are being used by the JOHN DOE to divert sales of WAYNE
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`FARMS product and/or as part of a scheme to defraud customers and potential customers of
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`WAYNE FARMS through the submission of fraudulent invoices soliciting payment to a
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`specifically identified bank accounts at BB&T Bank and Wells Fargo bank.
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`(38)
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`Products processed, packed, sold or intended for sale under JOHN DOE’S
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`counterfeit WAYNE FARMS mark, the BARN, SILO and TREE DESIGN, and sold using the
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`content including the fake LinkedIn Profile and related information could move through similar
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`channels of trade, or be promoted to the same or similar classes of prospective purchasers or end-
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`users, or to the same or similar prospective purchasers as WAYNE FARMS’ products.
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`(39)
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`Persons familiar with WAYNE FARMS’ marks and business are likely to
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`be confused, mistaken and/or to be deceived upon seeing JOHN DOE’s use of the counterfeit
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`11
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`Case: 1:20-cv-05191 Document #: 1 Filed: 09/02/20 Page 12 of 26 PageID #:12
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`WAYNE FARMS, the BARN, SILO and TREE DESIGN, including the fake LinkedIn Profile
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`and related information are therefore likely to believe that JOHN DOE’s business is endorsed by,
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`sponsored by, or emanates from, or in some way is connected with WAYNE FARMS or with the
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`marks WAYNE FARMS and the BARN, SILO and TREE DESIGN , the domain name, the
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`website content or variations thereof.
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`(40)
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`WAYNE FARMS will be unable to police the nature and quality of goods
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`sold by the counterfeit WAYNE FARMS under the problematic marks at issue or of variations
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`thereof. The sale or prospective sale by JOHN DOE of products or services, and the receipt of
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`funds solicited under the counterfeit WAYNE FARMS and BARN, SILO and TREE DESIGN,
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`including the fake LinkedIn Profile and related information, will also blur and diminish the
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`distinctive quality of WAYNE FARMS’ marks WAYNE FARMS and the BARN, SILO and
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`TREE DESIGN, the domain name and the website content and lessen its capacity to identify and
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`distinguish the products and services of WAYNE FARMS.
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`(41)
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`Use by JOHN DOE of the counterfeit marks, fake LinkedIn Profile and
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`content at issue, or variations thereof, is without WAYNE FARMS’ consent or permission.
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`(42)
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`Upon information and belief, the counterfeit WAYNE FARMS, with
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`knowledge of Plaintiff’s marks WAYNE FARMS and BARN, SILO and TREE DESIGN
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`including the fake LinkedIn Profile and related information in willful disregard of WAYNE
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`FARMS’ rights, is engaging in a deliberate course of conduct designed to appropriate the
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`goodwill associated with WAYNE FARMS’ marks, domain name and content.
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`(43)
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`JOHN DOE has, on information and belief, intentionally and willfully
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`attempted to trade upon the goodwill of WAYNE FARMS.
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`12
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`Case: 1:20-cv-05191 Document #: 1 Filed: 09/02/20 Page 13 of 26 PageID #:13
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`(44)
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`JOHN DOE’s use of a mark, name or content which is confusingly similar
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`to WAYNE FARMS’ marks WAYNE FARMS and the BARN, SILO and TREE DESIGN,
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`including the fake LinkedIn Profile and related information will irreparably harm Plaintiff by
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`diminishing the reputation and goodwill of WAYNE FARMS’ marks WAYNE FARMS and
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`BARN, SILO and TREE DESIGN. The public association of the marks WAYNE FARMS and
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`BARN, SILO and TREE DESIGN with WAYNE FARMS’ products is sufficiently great that the
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`use by another of the mark at issue under the circumstances at issue for JOHN DOE’S products,
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`proposed products or fraudulent solicitation of orders will inevitably cause the trade or
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`consumers to believe that it is produced, authorized, licensed, or sponsored by WAYNE FARMS
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`or that it is somehow connected with WAYNE FARMS.
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`(45)
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`Defendant LINKEDIN has been acting, at all times relevant, as a service
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`provider enabling the promotion by JOHN DOE of the wrongful acts complained of herein. As
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`such, LINKEDIN provides a structure which its subscribers use to upload content written or
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`otherwise prepared, selected, and uploaded solely by the subscribers. As such, LINKEDIN is
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`neither a publisher nor speaker, merely providing a service to others for them to publish their
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`speech.
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`(46)
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`LINKEDIN was notified on multiple occasions of the fake Pat Gomez
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`profile uploaded by JOHN DOE but failed to adequately investigate, knew of the fraud and
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`despite being put on notice repeatedly, continued to enable JOHN DOE to use its service to
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`promote his fraud. LINKEDIN continued, however, to take advantage of all of its marketing
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`advantages by hosting JOHN DOE’s fake Pat Gomez profile and information.
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`13
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`Case: 1:20-cv-05191 Document #: 1 Filed: 09/02/20 Page 14 of 26 PageID #:14
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`(47)
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`Although fraudulent, JOHN DOE’s misappropriation of the name and
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`identity of the real Pat Gomez is use of his name and identity for commercial purposes in
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`violation of the right of publicity of the real Pat Gomez.
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`(48)
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`JOHN DOE’s misappropriation of the name and identity of the real Pat
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`Gomez and use to commit fraud including taking orders that are not shipped places the real Pat
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`Gomez in a false light.
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`COUNT I
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`(Federal Trademark Infringement)
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`(49)
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`WAYNE FARMS realleges and incorporates herein by this reference the
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`allegations contained in paragraphs 1 - 48 hereof as if set forth in full.
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`(50)
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`JOHN DOE’s unauthorized use in commerce of the counterfeit WAYNE
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`FARMS and BARN, SILO and TREE DESIGN, including the fake LinkedIn Profile and related
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`information with respect to JOHN DOE’s products and solicitation of orders is likely to result in
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`confusion, deception, or mistake and therefore constitutes an infringement of WAYNE FARMS’
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`registered trademarks under 15 U.S.C. §1114.
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`(51)
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`JOHN DOE has used and is continuing to use the counterfeit WAYNE
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`FARMS and BARN, SILO and TREE DESIGN, including the fake LinkedIn Profile and related
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`information with full knowledge of WAYNE FARMS’ prior rights and with the intent and
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`purpose to trade upon the goodwill of WAYNE FARMS’ marks, therefore JOHN DOE’S
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`infringement is thus willful and deliberate.
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`COUNT II
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`(Federal Trademark Counterfeiting)
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`14
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`Case: 1:20-cv-05191 Document #: 1 Filed: 09/02/20 Page 15 of 26 PageID #:15
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`(52)
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`WAYNE FARMS realleges and incorporates herein by this reference the
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`allegations contained in paragraphs 1 - 48, 50 – 51 hereof as if set forth in full.
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`(53)
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`JOHN DOE’s use in commerce of the counterfeit WAYNE FARMS, and
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`BARN, SILO and TREE DESIGN trademarks, including the fake LinkedIn Profile and related
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`information with respect to JOHN DOE’s products and solicitation of orders is use of a spurious
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`mark which is identical with, or substantially indistinguishable from registered marks of
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`WAYNE FARMS and JOHN DOE is offering for sale goods identical to registered goods.
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`(54)
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`JOHN DOE has not been authorized to use WAYNE FARMS’ marks at
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`any time.
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`(55)
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`JOHN DOE acted with express knowledge of his counterfeit use and
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`intent to deceive prospective purchasers.
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`(56)
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`JOHN DOE is guilty of trademark counterfeiting and willful and
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`intentional trademark counterfeiting under 15 U.S.C. 1114, 1116, 1117.
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`COUNT III
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`(False Designation of Origin Under Federal Law)
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`(57)
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`WAYNE FARMS realleges and incorporates herein by this reference the
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`allegations contained in paragraphs 1 - 48, 50 and 51, 52 - 55 of this Complaint as if set forth in
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`full.
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`(58)
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`JOHN DOE’s unauthorized use in commerce of the counterfeit WAYNE
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`FARMS and BARN, SILO and TREE DESIGN , including the fake LinkedIn Profile and related
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`information constitutes a false designation of origin and a false or misleading representation of
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`fact that is likely to confuse or deceive consumers, or cause consumers to believe mistakenly that
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`the counterfeit WAYNE FARMS and/or its goods are made or produced and/or its services
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`15
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`Case: 1:20-cv-05191 Document #: 1 Filed: 09/02/20 Page 16 of 26 PageID #:16
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`offered by Plaintiff or are otherwise affiliated, connected, or associated with, or sponsored or
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`approved by Plaintiff and therefore constitutes unfair competition pursuant to Section 43(a) of
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`the Lanham Act, 15 U.S.C. §§ 1125(a).
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`(59)
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`JOHN DOE’s use in commerce of the counterfeit WAYNE FARMS and
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`BARN, SILO and TREE DESIGN, including the fake LinkedIn Profile and related information
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`in connection with JOHN DOE’s marketing, distribution, promotion and sale to the consuming
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`public of its goods and its solicitation of funds under those marks, the domain name
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`www.waynefoodcoltd.com, the website content or variations thereof including the LinkedIn
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`Profile and related information constitutes a misappropriation of the distinguishing and
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`identifying features which WAYNE FARMS created through substantial effort and expense, thus
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`evoking from the trade, consumers and others an immediate commercial impression or
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`association favorable to the counterfeit WAYNE FARMS, based on and derived from WAYNE
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`FARMS’ marks WAYNE FARMS and BARN, SILO and TREE DESIGN, domain name and
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`website content and the goodwill associated therein.
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`(60)
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`JOHN DOE’s use of the counterfeit WAYNE FARMS BARN, SILO and
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`TREE DESIGN, including the LinkedIn Profile and related information constitutes false
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`representations that the counterfeit WAYNE FARMS has some connection or association with,
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`or sponsorship by WAYNE FARMS, and that the products and deliveries of products identified
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`with WAYNE FARMS are available from and will be performed by JOHN DOE.
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`(61)
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`Said actions of JOHN DOE constitute violations of 15 U.S.C. §1125(a) in
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`that such false designation and representations of origin and quality are used on or in connection
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`with the products that JOHN DOE causes to enter into, or to affect commerce, which may
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`lawfully be regulated by Congress.
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`16
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`Case: 1:20-cv-05191 Document #: 1 Filed: 09/02/20 Page 17 of 26 PageID #:17
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`(62)
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`JOHN DOE has used and is continuing to use the counterfeit WAYNE
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`FARMS mark or variations thereof with full knowledge of WAYNE FARMS’ rights, and based
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`upon information and belief, said actions by JOHN DOE are with an intent and purpose to trade
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`upon the goodwill of WAYNE FARMS’ marks WAYNE FARMS and BARN, SILO and TREE
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`DESIGN, domain name and website content. JOHN DOE’S infringement is thus willful and
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`deliberate.
`
`COUNT IV
`
`(Dilution Under Federal Law)
`
`(63)
`
`WAYNE FARMS realleges and incorporates herein by this reference the
`
`allegations contained in paragraphs 1 - 48, 50 and 51, 53 – 56, 58 – 62 hereof as if set forth in
`
`full.
`
`(64)
`
`The use by JOHN DOE of the counterfeit WAYNE FARMS and BARN,
`
`SILO and TREE DESIGN, all of which occurred after WAYNE FARMS’s marks became
`
`famous, will dilute and tarnish the distinctive quality of WAYNE FARMS’ exceptionally well-
`
`known and famous trademarks WAYNE FARMS and BARN, SILO and TREE DESIGN, and
`
`therefore constitutes federal trademark dilution pursuant to Section 43(c) of the Lanham Act, 15
`
`U.S.C. §§ 1125(c), as amended by the Federal Trademark Dilution Act of 1995.
`
`(65)
`
`JOHN DOE has used and continues to use the counterfeit WAYNE
`
`FARMS with full knowledge of WAYNE FARMS’ long prior rights and fame of the marks
`
`WAYNE FARMS and BARN, SILO and TREE DESIGN and said use by JOHN DOE, based
`
`upon information and belief, are with a deliberate intent and purpose to trade upon the goodwill
`
`of WAYNE FARMS’ marks WAYNE FARMS and BARN, SILO and TREE DESIGN or
`
`variations thereof or to dilute the distinctive quality thereof, blur. tarnish and diminish the
`
`
`
`17
`
`
`
`Case: 1:20-cv-05191 Document #: 1 Filed: 09/02/20 Page 18 of 26 PageID #:18
`
`distinctive quality of WAYNE FARMS’ marks WAYNE FARMS and BARN, SILO and TREE
`
`DESIGN and lessen their capacity to identify and distinguish the products of WAYNE FARMS.
`
`COUNT V
`
`(Copyright Infringement)
`
`(66)
`
`WAYNE FARMS realleges and incorporates herein by this reference the
`
`allegations contained in paragraphs 1 - 48, 50 and 51, 53 – 56, 58 – 62, 64 and 65, hereof as if set
`
`forth in full.
`
`(67)
`
`WAYNE FARMS owns US Copyright Reg. No. TX 8160962 , title:
`
`Wayne Farms 2015 Website, issued with an effective date of Apr 29, 2015, which registration is
`
`for a work that includes primarily text, but also includes graphic elements such as WAYNE
`
`FARMS’ “Barn and Silo” design.
`
`(68)
`
`JOHN DOE has copied at least one or more of the graphic elements and
`
`on information and believe has at least created an electronic copy of portions of the WAYNE
`
`FARMS website.
`
`(69)
`
`WAYNE FARMS having established ownership and copying is entitled to
`
`judgment of copyright infringement, its actual damages, lost profits, the infringer’s profits, or
`
`alternatively statutory damages, yet the monetary damages are inadequate remedies for the harm
`
`suffered and the threat of future harm and WAYNE FARMS is entitled to equitable relief as
`
`well.
`
`
`
`
`COUNT V
`
`(Contributory Infringement)
`
`18
`
`
`
`Case: 1:20-cv-05191 Document #: 1 Filed: 09/02/20 Page 19 of 26 PageID #:19
`
`(70)
`
`WAYNE FARMS realleges and incorporates herein by this reference the
`
`allegations contained in paragraphs 1 - 48, 50 and 51, 53 – 56, 58 – 62, 64 and 65, 67 - 69 hereof
`
`as if set forth in full.
`
`(71)
`
`On information and belief, LINKEDIN’s social networking business
`
`derives revenue from fees and advertising which revenue is affected by the number of listings,
`
`profiles and the like that users write and upload to the site, the more listings and volume of
`
`content, the greater the revenues.
`
`(72)
`
`While LINKEDIN has nominal Terms of Service that bar fraud, the tools
`
`used by LINKEDIN to receive notice of fraud are woefully inadequate and do not provide any
`
`feedback, response or other proof that LINKEDIN actually investigates the claims of fraud. In
`
`this particular instance, the fake Pat Gomez profile was reported July 5, 2020, July 19, 2020 and
`
`August 19, 2020 yet a fake Pate Gomez profile is still apparent on August 28, 2020. LINKEDIN
`
`never reported back to the aggrieved party, Real Pat Gomez the results of its investigation and
`
`never contacted WAYNE FARMS for such minimal things as verification of employment.
`
`(73)
`
`Despite multiple notice and weeks to cure the fraud, LINKEDIN
`
`continues to supply its product to JOHN DOE whom it knows or has reason to know is engaging
`
`in trademark and copyright infringement.
`
`(74)
`
`By reason of the foregoing, LINKEDIN is vicariously liable for
`
`contributory infringement.
`
`COUNT VI
`
`(False Light Privacy and Right of Publicity)
`
`
`
`
`19
`
`
`
`Case: 1:20-cv-05191 Document #: 1 Filed: 09/02/20 Page 20 of 26 PageID #:20
`
`(75)
`
`WAYNE FARMS realleges and incorporates herein by this reference the
`
`allegations contained in paragraphs 1 - 48, 50 and 51, 53 – 56, 58 – 62, 64 and 65. 67 – 70, 72 -
`
`74 hereof as if set forth in full.
`
`(76)
`
`WAYNE FARMS as assignee of right of publicity and related rights from
`
`its employee Patrick J. Gomez (hereafter sometimes “Real Pat Gomez”) asserts that JOHN DOE
`
`has violated Real Pat Gomez’s rights, derived from right of privacy, including, at least, use of
`
`Real Pat Gomez’s name and employment information, for the commercial purpose of
`
`committing fraud, and that said fraud places Real Pat Gomez in a false light and is harmful and
`
`offensive to his reputation.
`
`(77)
`
`JOHN DOE is at least offering product and engaging in actions to obtain
`
`funds from victims and accordingly is committed acts for commercial purposes within the
`
`meaning of the Illinois Right of Publicity statute 765 ILCS 1075 and is using the fake Pat Gomez
`
`name commercially within the meaning of the common law if Illinois and other states implicated
`
`in the creation and use of the Fake Pat Gomez profile, name and email address and accordingly
`
`JOHN DOE is using the Fake Pat Gomez profile, name and email address for his commercial
`
`benefit.
`
`(78)
`
`JOHN DOE at least uses the Fake Pat Gomez profile name and email
`
`address which use clearly is identifiable as referring to the Real Pat Gomez.
`
`(79)
`
`JOHN DOE’s use of at least uses the Fake Pat Gomez profile name and
`
`email address is done without the permission of the Real Pat Gomez.
`
`(80)
`
`JOHN DOE’s use of at least uses the Fake Pat Gomez profile name and
`
`email address is done to falsely convey a connection to the Real Pat Gomez and to falsely
`
`
`
`
`20
`
`
`
`Case: 1:20-cv-05191 Document #: 1 Filed: 09/02/20 Page 21 of 26 PageID #:21
`
`indicate authenticity of fraudulent orders when, on information and belief, JOHN DOE
`
`wrongfully keeps any deposits personally.
`
`(81)
`
`The foregoing are violations of the Real Pat Gomez’s right of publicity
`
`and place the Real Pat Gomez in a false light.
`
`COUNT VII
`
`(Vicarious Liability)
`
`(82)
`
`WAYNE FARMS realleges and incorporates herein by this reference the
`
`allegations contained in paragraphs 1 - 48, 50 and 51, 53 – 56, 58 – 62, 64 and 65. 67 – 70, 72 -
`
`74, 76 - 81 hereof as if set forth in full.
`
`(83)
`
`On information and belief, LINKEDIN’s social networking business
`
`derives revenue from fees and advertising which revenue is affected by the number of listings,
`
`profiles and the like that users write and upload to the site, the more listings and volume of
`
`content, the greater the revenues.
`
`(84)
`
`While LINKEDIN has nominal Terms of Service that bar fraud, the tools
`
`used by LINKEDIN to receive notice of fraud are woefully inadequate and do not provide any
`
`feedback, response or other proof that LINKEDIN actually investigates the claims of fraud. In
`
`this particular instance, the fake Pat Gomez profile was reported July 5, 2020, July 19, 2020 and
`
`August 19, 2020 yet a fake Pate Gomez profile is still apparent on August 28, 2020. LINKEDIN
`
`never reported back to the aggrieved party, Real Pat Gomez the results of its investigation and
`
`never contacted WAYNE FARMS for such minimal things as verification of employment.
`
`(85)
`
`Despite multiple notice and weeks to cure the fraud, LINKEDIN
`
`continues to supply its product to JOHN DOE whom it knows or has reason to know is engaging
`
`in posting a fake profile.
`
`
`
`21
`
`
`
`Case: 1:20-cv-05191 Document #: 1 Filed: 09/02/20 Page 22 of 26 PageID #:22
`
`(86)
`
`By reason of the foregoing, LINKEDIN is vicariously liable for its
`
`assistance in enabling and failure to take down the fake profile.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, PLAINTIFF WAYNE FARMS prays for judgment as follows:
`
`1.
`
`That the email address patrickwaynefarms@consultant.com be transferred to WAYNE
`
`FARMS and JOHN DOE provide and transfer all sign in, user id and password
`
`information to immediately accomplish that transfer.
`
`2.
`
`That JOHN DOE be enjoined and restrained from:
`
`a. using the WAYNE FARMS Trademarks or any reproduction, counterfeit copy
`
`or colorable imitation thereof in any manner in connection with the
`
`distribution, advertising, offering for sale, or sale of any product that is not a
`
`genuine WAYNE FARMS product or not authorized by WAYNE FARMS to
`
`be sold or offered for sale in connection with the WAYNE FARMS
`
`Trademarks;
`
`b. passing off, inducing, or enabling others to sell or pass off any product as a
`
`genuine WAYNE FARMS Product or any other product produced by
`
`WAYNE FARMS, that is not WAYNE FARMS' or not produced under the
`
`authorization, control or supervision of WAYNE FARMS and approved by
`
`WAYNE FARMS for sale under the WAYNE FARMS Trademarks;
`
`c. committing any acts calculated to cause customers or potential customers to
`
`believe that JOHN DOE’s products are sol