Case 2:20-cv-01406-SSV-KWR Document 1 Filed 05/11/20 Page 1 of 43
`Case 2:20-cv-01406—SSV-KWR Document 1 Filed 05/11/20 Page 1 of 43
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF LOUISIANA
`
`JESSECA DUPART, d/b/a “MIRACLE DROPS,”
`p/k/a
`“DAREALBBJUDY,” an individual; SHAWNTAE
`HARRIS, p/k/a “DA BRAT,” an individual,
`
`Plaintiffs,
`
`V.
`
`RODNEY J. ROUSSELL, an individual known as
`
`“M.C. SHAKIE,” and d/b/a “SIP COSMETICS”;
`GOOGLE, LLC, d/b/a “YOUTUBE”,
`a California Limited Liability Company;
`FACEBOOK, INC., d/b/a “INSTAGRAM”, a California
`Corporation; TWITTER, INC., a California Corporation;
`and DOES 1-100,
`
`Defendants.
`
`vvvvvvvvvvvvvvvvvvv
`
`Case No.
`
`JURY TRIAL DEMANDED
`
`VERIFIED COMPLAINTl FOR TRADEMARK INFRINGEMENT AND UNFAIR
`
`COMPETITION AND REQUEST FOR TEMPORARY RESTRAINING ORDERI
`PRELIMINARY AND PERMANENT INJUNCTION WITH DEMAND FOR JURY
`TRIAL
`
`Plaintiffs, JESSECA DUPART, d/b/a “MIRACLE DROPS,” p/k/a “DAREALBBJUDY,”
`
`an individual; SHAWNTAE HARRIS, p/k/a “DA BRAT,” an individual, by and through their
`
`attorneys, Fishman Haygood, L.L.P., for their causes of action against Defendants, RODNEY J.
`
`ROUSSELL, an individual known as “M.C. SHAKIE,” and d/b/a “SIP COSMETICS”;
`
`GOOGLE, LLC, d/b/a “YOUTUBE”, a California Limited Liability Company; FACEBOOK,
`
`INC., d/b/a “INSTAGRAM”, a California Corporation; TWITTER, INC., a California
`
`Corporation; and DOES 1-100, allege as follows:
`
`I The Verifications attached hereto were notarized and executed in accordance with Proclamation 37 JBE 2020, § 6,
`which permits notarization through electronic devices or processes during the existing public health emergency.
`
`1
`
`

`

`Case 2:20-cv-01406-SSV-KWR Document 1 Filed 05/11/20 Page 2 of 43
`Case 2:20-cv-01406-SSV-KWR Document 1 Filed 05/11/20 Page 2 of 43
`
`INTRODUCTION
`
`1.
`
`Plaintiffs bring this lawsuit to protect the substantial goodwill that they have in
`
`their respective names, reputations, brands, word marks and logos.
`
`2.
`
`Plaintiff Jesseca Dupart owns and operates a prominent beauty brand known as
`
`“Kaleidoscope.” Under the Kaleidoscope brand, which Plaintiff Dupart has used in commerce
`
`since on or about July 1, 2013, Plaintiff Dupart holds a registered design mark in Registration
`
`Number 5006069, which was registered on July 26, 2016:
`
`3.
`
`Plaintiff Dupart also holds the following registered word marks:
`
`
`
`
`
`
`
`MIRACLE DROPS
`
`5800328
`
`July 9, 2019
`
`5877346
`KALEIDOSCOPE MIRACLE
`
`
`
`EDGES
`
`
`October 8, 2019
`
`
`
`
`
`
`
`
`
`
`
`KALEIDOSCOPE SILK &
`
`SEAL SERUM
`
`VERSATILE SPRITZ
`
`
`
`
`
`
`KALEIDOSCOPE
`
`
`
`
`
`
`5529116
`
`July 31, 2018
`
`5529113
`
`July 31, 2018
`
` KALEIDOSCOPE MIRACLE
`
`5524022
`
`July 24, 2018
`
` DROPS
`
`KALEIDOSCOPE BEST
`
`55085 85
`
`July 3, 2018
`
`

`

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`Case 2:20-cv-01406—SSV-KWR Document 1 Filed 05/11/20 Page 3 of 43
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`m —_
`
`4.
`
`In addition, Plaintiff Dupart claims a common law trademark in KALEIDOKIDS
`
`and has filed for federal trademark protection in KALEIDOKIDS and has a pending application
`
`under serial number 88187059.
`
`5.
`
`6.
`
`Plaintiff Dupart claims a common law trademark in “Kaleidoscope Milkshake.”
`
`The Trademarks identified in paragraphs 2-5 will collectively be referred to
`
`herein as the “KALEIDOSCOPE MARKS.”
`
`7.
`
`Further, Plaintiff Dupart holds a common law trademark in her professional and
`
`social media moniker “darealbbjudy” and she has 1.4 million followers on Instagram under the
`
`handle @darealbbjudy, in which she also claims a common law trademark, (hereinafter
`
`collectively referred to as “DRBBJ Marks”).
`
`8.
`
`Plaintiff Shawntae Harris is known professionally as “Da Brat” and is a twice
`
`Grammy-nominated rapper and actress. Plaintiff Harris is the exclusive licensee of, and controls
`
`through her management company, the trademark in “Da Brat” which has been used in
`
`commerce by Plaintiff Harris since December 25, 1993 and for which she has applied for
`
`registration under serial number 88402711. Harris has 2.7 million followers on Instagram under
`
`the handle @sosobrat, in which she claims a common law trademark (hereinafter collectively
`
`referred to as “Da Brat Marks”).
`
`9.
`
`The KALEIDOSCOPE MARKS, DRBBJ Marks and Da Brat Marks shall be
`
`collectively referred to as the “MARKS.”
`
`10.
`
`Defendant Rodney J. Roussell is a YouTube gossip Vlogger known as “M.C.
`
`Shakie” who has 81,500 followers on Instagram under the handle “@mcshakielive”; 40,700
`
`subscribers on YouTube under the name “MC Shakie”; 2,392 followers on Facebook; and 7,605
`
`

`

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`Case 2:20-cv-01406—SSV-KWR Document 1 Filed 05/11/20 Page 4 of 43
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`followers on Twitter under the handle “@mcshakielive”. Defendant Roussell is also the owner
`
`and operator of “Sip Cosmetics” which sells cosmetic products.
`
`11.
`
`On information and belief, Defendant Rodney J. Roussell is a felon convicted of
`
`bank fraud, forgery, monetary instrument abuse and access device fraud.
`
`12.
`
`In an efiort to gain interest and sales for his “Sip Cosmetics” brand, Defendant
`
`has engaged in a false and malicious YouTube and social media campaign of harassment,
`
`stalking, extortion, falsely designating the origin of products that feature the KALEIDOSCOPE
`
`MARKS, disparagement, invasion of privacy and defamation against Plaintiffs in an unlawful
`
`attempt to divert Plaintiffs’ customers to his own “Sip Cosmetics” products and to unfairly
`
`attempt to compete with the MARKS.
`
`13.
`
`Plaintiffs have all rights and privileges in exclusive use to their MARKS, starting
`
`on the date of each federal filing and/or when Plaintiffs began first using the MARKS in
`
`commerce, in the case of their common law claims.
`
`14.
`
`Plaintiffs routinely enter into social media influencer agreements and business
`
`relationships with third parties, including minor children, through the parents of the minor
`
`children.
`
`15.
`
`Plaintiffs have a contract and a business relationship with the minor child known
`
`professionally as “Lil James.”
`
`16.
`
`Plaintiffs have paid and expended resources in connection with their contract(s)
`
`and business relationship with “Lil James” in excess of $89,500.00.
`
`17.
`
`Defendant Roussell has created “fake news” stories on his social media accounts
`
`in an effort to defame, discredit, harass, and attempt to unfairly compete with Plaintiffs. For
`
`example, Defendant Roussell has staged “interviews” of people pretending, acting and/or
`
`

`

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`Case 2:20-cv-01406—SSV-KWR Document 1 Filed 05/11/20 Page 5 of 43
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`otherwise falsely stating information about Plaintiff Dupart in “fake news” stories including
`
`falsely and maliciously reporting false information relating to the tragic drowning death of a
`
`minor child at Plaintiff Dupart’s property, through the interview of a person falsely posing as an
`
`eye witness; falsely reporting information about Plaintiff Dupart’s liability insurance through the
`
`interview of a person falsely posing as Plaintiff Dupart’s insurance adjustor; falsely stating that
`
`Plaintiff Dupart required people to sign Non-Disclosure Agreements (“NDAs”) before she would
`
`call the police for the minor child’s drowning; falsely stating that Plaintiff Dupart changed her
`
`name to avoid people finding out about her negative legal history; falsely reporting that Plaintiff
`
`Dupart engages in “child slavery”; falsely reporting that Plaintiff Dupart’s products come from
`
`China and carry the coronavirus (COVlD-19); falsely reporting that Plaintiff Dupart was
`
`involved in lawsuits to which she was not a party; and falsely reporting that Plaintiff Dupart
`
`worships the devil and/or engages in voodoo. In addition, Defendant Roussell has posted revenge
`
`porn content directed at Plaintiff Harris, which both amounts to an invasion of privacy and
`
`placed her in a false light, as further alleged below.
`
`18.
`
`This is not the first time that Defendant Roussell has found himself a defendant in
`
`a lawsuit alleging that he disseminates “fake news.” See Sheriff Gusman Sues New York Times
`
`Over Prison Rape Video, NOLA.COM (July 14, 2018), https://www.nola.com/news/crime_police/
`
`article_61dee9b2-eb06-5f1 e-9193-960d b18a326c.html. See also Complaint, Gusman v. New
`
`York Times et al, Case No. 2:18-cv-06689 (filed 7/13/2008 E.D. La.).
`
`19.
`
`From the period of February 13, 2020 through the date of filing, through his
`
`YouTube channel and his various social media accounts, Defendant Roussell has posted not
`
`fewer than 24 (twenty-four) videos which publish to his viewers numerous false and defamatory
`
`statements, including, but not limited to, the following:
`
`

`

`1. “MC Shakie
`Addresses The Mess
`
`Judy & Brat, Supa, Fee
`and More”
`
`https://www.youtube.co
`m/watch?v=5Txa5DSr9
`E
`2. “MC Shakie's
`Reaction to Da Real
`
`BB Judy Video &
`Exclusive video from
`
`Judy's Ex Girlfriend”
`
`http_s://www.youtube. co
`m/watch?v=wz§ 2X65A
`V86A&t=3285
`
`Case 2:20-cv-01406-SSV-KWR Document 1 Filed 05/11/20 Page 6 of 43
`Case 2:20-cv-01406—SSV-KWR Document 1 Filed 05/11/20 Page 6 of 43
`
`
`
`Video Title and URL
`
`Date Posted
`
`Statements
`
`Trademark(s)
`Tarnished
`
`Amounting to
`Defamation; Invasion
`of Privacy/False
`Light;
`Tortious Interference
`
`Da Brat
`
`DaRealBBJudy
`
`Da Brat
`
`Kaleidoscope
`
`DaRealBBJudy
`
`02.10.2020
`
`Defendant Roussell
`
`invades the privacy of
`Plaintiffs Dupart and
`Harris as it relates to
`
`their personal and
`sexual lives with
`malice.
`
`02.13.2020
`
`Defendant Roussell
`
`brags about his
`invasion of privacy into
`the personal lives of
`Plaintiffs.
`
`Defendant Roussell
`states that Plaintiff
`
`Dupart is selling canola
`oil laced with cayenne
`pepper.
`
`Defendant Roussell
`
`admits to harassing
`former private
`relationships of
`Plaintiff Dupart and
`acknowledges that such
`third parties have
`requested him to cease
`his unlawfiJl behavior.
`
`Defendant Roussell
`
`states he has private
`messages between
`Plaintiff Harris and an
`
`unnamed female,
`including a personal
`skype conversation
`during which Plaintiff
`Harris fell aslee- nude,
`
`

`

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`Case 2:20-cv-01406—SSV-KWR Document 1 Filed 05/11/20 Page 7 of 43
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`then shows the
`
`picture/screenshot of
`Plaintiff Harris in a
`
`3. “Kaleido
`
`03.09.2020
`
`Concentration Camp?
`Shakie takes Us Inside
`
`DaRealBBJudy”
`
`https://www.youtube.co
`m/watch?v=wa 9hEZg
`-3 o&t=1 972s
`
`03.10.2020
`
`4. “MC Shakie goes
`live with Lil James
`Tucker’s Aunt and
`
`another Kaleidoscope
`Mother”
`
`https://www.youtube.co
`m/watch?v=p7iuLCKJ
`JY&list=OLAK5u
`nP
`
`4EmKSmNtRASBf7kp
`H5TrTM27eFKhN c&i
`ndex=17&t=0s
`
`Kaleidokids
`
`Kaleidoscope
`
`Kaleidokids
`
`DaRealBBJudy
`
`Kaleidoscope
`
`state of complete
`undress, without
`authorization.
`Defendant Roussell
`
`falsely states that
`Plaintiff Dupart is
`holding children
`hostage and in
`“concentration camps.”
`
`Defendant Roussell
`
`also further falsely
`states that Plaintiff
`
`Dupart’s products come
`from China and carry
`the coronavirus while
`
`his cosmetic products
`do not. He continues to
`
`urge his audience to
`“unfollow” and not buy
`from Plaintiff Dupart
`because, he falsely
`alleges, she has
`victimized children. In
`
`doing so, Defendant
`Roussell states, “Free
`the kids from the
`Kaleido-concentration
`cam- .”
`Defendant Roussell
`
`falsely claims that
`Plaintiff Dupart is
`holding children
`“hostage” and falsely
`claims that Plaintiff
`
`Dupart’s products come
`from Alibaba.
`
`Defendant Roussell
`
`further falsely
`publishes that Plaintiff
`Dupart has demanded
`$200K for the minor
`
`child p/k/a “Lil James”
`to be released from his
`contract.
`
`

`

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`Miracle Drops
`
`Kaleidokids
`
`Defendant Roussell
`
`5. “The Miracle FLOP!
`03.1 1.2020
`Defendant Roussell
`
`
`
`
`
`DaRealBBJudy
`How DaRealBBJudy
`falsely, maliciously and
`
`
`
`
`Keep On Lying”
`in an act of attempted
`
`
`unfair competition,
`
`
`
`
`https://www.youtube.co
`provides a link to
`
`
`
`
`m/watch?v=oazNVVSl
`“Miracle Drops
`
`
`
`GZO&t=495s
`Alibaba Page.”
` Kaleidoscope
`
`
`
`
`
`Da Brat
`states he uploaded this
`
`video because Plaintiff
`
`freed Lil James.”
`
`Dupart still “has not
`
`
`
`
`
` Defendant Roussell
`states the situation
`
`Plaintiff Dupart has
`people in is akin to a
`hostage situation and
`
`slavery.
`
`
`Defendant Roussell
`states he was paid
`
`
`about 25 cents a week
`when he was in jail and
`
`states this is what the
`children are getting.
`
` Defendant Roussell,
`
`acknowledges that he is
`
`
`tortiously interfering
`
`with Plaintiffs’
`
`contracts, when he
`
`shows alleged text
`
`messages between him
`
`and Lil James’s mother,
`
`stating she “wishes she
`
`could do more but she
`
`is stuck.”
`
`
`
` Defendant Roussell
`falsely states Plaintiff
`
`
`Dupart requests
`
`$200,000.00 from Lil
`
`James to buy him out of
`
`his contract and states
`
`he does not believe she
`
`put $2,000.00 into
`
`actual work for him.
`
`
` Defendant Roussell
`
`

`

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`states he found out that
`
`someone sells the same
`
`
`
`
`
`product as Miracle
`Drops under the name
`Wonder Drops and gets
`
`the products directly
`
`from Alibaba.com,
`
`from China. Roussell
`
`states Miracle Drops
`
`and Wonder Drops
`
`have the same
`
`manufacturer, therefore
`Dupart orders her
`products from China as
`well.
`
`
`
`
`
`
`
`Defendant Roussell
`
`repeatedly states
`
`
`Plaintiff Dupart gets
`
`her products from
`
`China and falsely calls
`
`her a liar.
`
`
` Defendant Roussell
`
`states: “Stop holding
`
`
`these kids hostage to
`
`peddle these Chinese
`
`concoctions that
`
`brought Coronavirus
`
`over here.” And “[the
`
`products] are made in
`
`the same lab they made
`
`Coronavirus.”
`
`
`Defendant Roussell
`
`
`6. “MC Shakie exposes
`03.13.2020
`DaRealBBJudy
`a few more drops of
`falsely states that:
`
`
`
`
`DArealbbjudy Tea”
`Plaintiff Dupart set up
`Miracle Drops
`
`
`
`
`illegal LLC to own
`
`
`
`
`https://www.youtube. co
`Kaleidokids
`James Tucker (a
`m/watch?v=kYLhixCB
`minor).
`
`
`
`
`
`Kaleidoscope
`
`
`Defendant Roussell
`Milkshake
`
`
`
`
`
`
`Da Brat
`
`
`
`
`
`
`falsely states that
`Plaintiff Dupart’s
`products are made in
`China.
`
`Defendant Roussell
`
`falsely states that
`
`
`Plaintiff Dupart stole
`
`her formulations.
`
`
`
`fl
`
`

`

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`
`
`
` Defendant Roussell
`
`falsely states that
`
`Plaintiff Dupart sued
`
`the person who made
`
`her formulations.
`
`
`
`Despite admitting that
`
`he has no proof of this
`
`
`statement, Defendant
`
`Roussell falsely states
`
`that Plaintiff Dupart
`
`forced people to sign
`
`NDAs before calling
`
`the police to report a
`
`
`child drowning at her
`
`home.
`
`
`
` Defendant Roussell
`falsely states that
`
`
`Plaintiff Dupart is
`
`holding children
`hostage.
`
`
` Defendant Roussell
`
`falsely states that
`
`
`Plaintiff Dupart orders
`
`her products from
`
`Alibaba.
`
`
`Defendant Roussell
`
`
`instructs his Viewing
`
`audience to not buy
`
`Plaintiff Dupart’s
`
`
`products until she
`
`“frees dem [sic] kids.”
`
`
`publishes this Video,
`
`
`which contains
`
`unlawful recording of
`
`Plaintiff Dupart’s voice
`
`and places the context
`
`of the recording in a
`
`
`
`
`
`7. “MC Shakie got his
`03.13.2020
`Kaleidoscope
`
`hands on Lil James
`
`Management Inc.
`publishes and purports
`
`
`
`Tucker’s
`
`to read the alleged
`
`
`
`contract between Lil
`DaRealBBJudy Actual
`
`
`
`Contract”
`James and Plaintiff
`
`
`
`Dupart.
`
`htt us://www. outube. co
`
`
`
`Defendant Roussell
`
`Da Brat
`
`10
`
`

`

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`Case 2:20-cv-01406—SSV-KWR Documentl Filed 05/11/20
`Page 11 of 43
`
`m/watch?v=ankUzZ
`
`gNso
`
`Defendant Roussell
`
`falsely states the
`contract is enslaving Lil
`James.
`
`Kaleidoscope
`
`03.13.2020
`
`8. “MC Shakie
`interviews 3 former
`
`Kaleidoscope Kids
`Parents DArealbbj udy
`messed over”
`
`https://www.youtube.co
`m/watch?v=Ec5be3j 0
`Go&t=1 1 13s
`
`03. 14.2020
`
`9. “MC Shakie goes
`live with Sheldnah Jo
`
`and a Kaleidoscope
`Mom”
`
`https://www.youtube.co
`m/watch?v=PN 1 RTJm
`l2VI
`
`Kaleidoscope
`Management Inc.
`
`DaRealBBJudy
`
`Da Brat
`
`DaRealBBJudy
`
`Defendant Roussell
`
`falsely reports that Lil
`James cannot get out of
`the contract for 12
`
`Defendant Roussell
`states Lil James’s
`mother was forced to
`
`sign the contract
`between the minor
`
`child and Kaleidoscope
`and that Plaintiff
`
`Dupart forced her to
`sign the contract
`through mental
`intimidation.
`
`Defendant provides the
`link to the unsigned
`“Kaleidoscope
`Management Inc. and
`its Affiliates Talent
`
`Management
`Agreement and
`Managed Media
`Agreement” between
`KALEIDOSCOPE
`
`MANAGEMENT,
`INC. and James
`
`Tucker, Jr. a/k/a “Lil
`James”
`Defendant Roussell
`
`falsely claims that
`Plaintiff Dupart refuses
`to release children, a
`reference to his false
`statement Defendant
`
`Dupart holds children
`hostage.
`
`Defendant Roussell
`
`falsely claims that
`Plaintiff Dupart was
`born “Jessica” and not
`
`“Jesseca” and places
`her in a false liht b
`
`11
`
`

`

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`
`
`claiming that she
`changed her name to
`avoid the public
`knowing negative
`information about her.
`
`He further falsely
`claims to have her birth
`certificate.
`
`Defendant Roussell
`states he has found
`
`“things” about Plaintiff
`Dupart and threatens it
`will not be good for her
`brand if she does not
`
`“free dem [sic]
`children” as he does not
`care how far he has to
`go.
`
`Defendant Roussell
`
`falsely states Plaintiff
`Dupart bought her
`followers on Instagram.
`
`Defendant Roussell
`
`falsely states that
`Plaintiff Dupart ordered
`her products from
`Alibaba.
`
`Defendant Roussell
`falsely states that
`Plaintiff Dupart’s last
`order made by
`Kaleidoscope from
`Japan was 1550 items.
`He states that they sell
`products to her for
`$2.00 and she resells
`
`products from Japan for
`$30.00. He falsely
`states that she made a
`
`profit of $43,400.00
`and enslaves children
`
`and only gives the
`children “corona
`tablets.”
`
`Defendant Roussell
`
`instructs his viewing
`audience to sto. bu in ;
`
`12
`
`03.15.2020
`
`10. “MC Shakie
`interviews the
`Kaleidoscope Dad”
`
`https://www.youtube.co
`m/watch?v=ngTDa9t
`m
`
`Kaleidoscope
`
`Kaleidokids
`
`

`

`Case 2:20-cv-01406-SSV-KWR Document 1 Filed 05/11/20 Page 13 of 43
`Case 2:20-cv-01406—SSV-KWR Document 1 Filed 05/11/20 Page 13 of 43
`
`Plaintiff Dupart’s
`products until she
`releases Lil James from
`his contract.
`
`
`
`Defendant Roussell
`
`falsely states that
`Plaintiff Dupart has
`many lawsuits against
`her in her name as
`“Jessica.”
`
`Defendant Roussell
`
`falsely states that
`Plaintiff Dupart’s real
`name is “Jessica” and
`
`that she changed it to
`“Jesseca” to avoid the
`
`public knowing about
`her legal history.
`
`Defendant Roussell
`
`falsely states Plaintiff
`Dupart enslaves
`children.
`
`Defendant Roussell
`publishes to his
`audience that Plaintiff
`Dupart’s products are
`Chinese and
`“corona-scope”
`products, and that the
`money from sales is
`used by Plaintiff Dupart
`to “destroy kids.”
`
`Defendant Roussell
`
`repeatedly falsely states
`that Plaintiff Dupart is
`engaged in slave labor
`with children.
`
`Defendant Roussell
`continues to discuss
`
`Plaintiff Dupart’s
`sexuality and threatens
`to take additional
`harmful actions if
`Plaintiff does not “free
`the kids” from their
`
`contractual a reements.
`
`13
`
`03.15.2020
`
`11. “MC Shakie tells
`what happened
`to Shay
`(DARealeJudy former
`assistant)”
`
`https://www.youtube.co
`m/watch?v=5VSuY2J P
`M
`
`DaRealBBJudy
`
`Kaleidoscope
`
`Kaleidokids
`
`

`

`Case 2:20-cv-01406-SSV-KWR Document 1 Filed 05/11/20 Page 14 of 43
`Case 2:20-cv-01406—SSV-KWR Document 1 Filed 05/11/20 Page 14 of 43
`
`12. “MC Shakie does
`
`03.15.2020
`
`DaRealBBJudy
`Reading”
`
`
`
`
`
`
`
`
`
`Defendant Roussell
`
`
`
`
`
`Miracle Drops
`Hilarious Commentary
`falsely identifies that
`
`
`
` Kaleidoscope
`on Psychic Tracey
`Plaintiff Dupart’s
`
`
`
`Brown’s
`products came from
`
`
`China.
`
`
`
`http_s://www.youtube.co
`m/watch?v=ouzg2odvh
`Fw&t=2853s
`
`
`
`
`
`
`
`
`Kaleidoscope
`Cosmetics
`allegedly is Lil James’s
`
`
`
`mother states Plaintiff
`
`
`
`
` Kaleidokids
`
`Dupart got her to quit
`
`her job and work in
`
`
`
`
`
`https://www.youtube.co
`DaRealBBJudy
`Dupart’s warehouse.
`m/watch?v=th NVtii
`
`
`
`
`_U&t=l ls
`
` A woman who
`
`14. “Lil James [sic]
`DaRealBBJudy
`Momma Says She is
`allegedly is Lil James’s
`
`Done With
`Mother states the
`
`
`
`contract is done, and
`
`
`
`
`that she will not
`
`
`
`https://www.youtube.co
`promote any of Plaintiff
`
`m/watch?v=thLi1'GQ
`Dupart’s products.
`
`
`
`
`lf8&t=l s
`
`
`
`Defendant Roussell
`
`15. “MC Shakie plays
`DaRealBBJudy
`
`
`
`exclusive audio of
`falsely states that
`
`
`
` Miracle Drops
`DaRealBBJudy and her
`
`Plaintiff Dupart’s
`
`‘Original’ Drops”
`products are made in
`
`
`China.
`
`
`
`https://www.youtube.co
`
`Defendant Roussell
`m/watch?v=B sDR8ytk
`
`
`ME
`illegally obtained an
`
`
`
`unauthorized private
`
`telephone conversation
`
`and published it
`
`without consent and
`
`taken out of context in
`
`
`an attempt to place
`
`
`Plaintiff Dupart in a
`
`
`
`
`
`
`false liht.
`
`
`
`16. “MC Shakie talks
`Defendant Roussell
`
`
`
`Kaleidoscope
`
`
`
`falsely stated Plaintiff
`
`
`
`
`Dupart has paid
`
`
`$1,000.00 to dispel his
`
`Instagram story.
`
`https://www.youtube.co
`Defendant Roussell
`
`
`
`m/watch?v=8dzh§ 2m 0
`falsel
`states Plaintiff
`H_70
`
`
`
`13. “Lil James [sic]
`Momma Spill All The
`Tea about what
`
`DARealBBJudy Did”
`
`
`
`DARealBBJudy”
`
`03.16.2020
`
`A woman who
`
`03. 1 6.2020
`
`03.17.2020
`
`03.21.2020
`
`
`
`
`
`Miracle Drop
`Aftermath with Two
`
`Sippers”
`
`
`
`
`
`
`14
`
`

`

`Case 2:20-cv-01406-SSV-KWR Document 1 Filed 05/11/20 Page 15 of 43
`Case 2:20-cv-01406—SSV-KWR Document 1 Filed 05/11/20 Page 15 of 43
`
`
`
` Dupart made everyone
`present sign Non-
`
`Disclosure Agreements
`
`after a child drowned
`
`on her property before
`calling the police.
`
`
`
` Defendant Roussell
`
`falsely states Plaintiff
`
`
`Dupart pretends to love
`
`God because most of
`
`her customers are
`
`
`“Christian church going
`women.”
`
` Defendant Roussell
`
`repeatedly labels
`
`Plaintiff” s
`
`Kaleidoscope products
`as “Kaleidovirus.”
`
`
`
`
`
`
` Defendant Roussell
`talks with a live
`
`
`participant in his video
`
`about the Kaleidoscope
`
`
`Drops the live
`
`participant uses who
`
`claims the product is
`
`not working for her
`
`hair. Defendant
`
`Roussell then promotes
`
`his products and offers
`
`to send free samples to
`
`
`the live nartici uant.
`17. “MC. Shakie
`
`
`Defendant Roussell
`
`
`
`03.26.2020
`Kaleidoscope
`responds to
`
`admits to unlawfiilly
`
`
`
` Da Brat
`DARealBBJudy and Da
`obtaining nude pictures
`
`
`
`Brat revelation”
`
`of Plaintiff Ham's.
`
`
`
`
`DaRealBBJudy
`
`
`
`
`Defendant Roussell
`https://www.youtube.co
`
`
`
`m/watch?v=msePa8zUl
`
`admits that he illegally
`BY&t=48 ls
`hacked into a third
`
`
`
`party’s iCloud to obtain
`
`private photos and
`
`correspondence.
`
`
` Defendant Roussell
`
`plays the audio of a
`woman who claims she
`
`ha ened after a irl
`
`has insight about what
`
`15
`
`

`

`Case 2:20-cv-01406-SSV-KWR Document 1 Filed 05/11/20 Page 16 of 43
`Case 2:20-cv-01406—SSV-KWR Document 1 Filed 05/11/20 Page 16 of 43
`
`
`
`addresses
`DaRealBBJudy calling
`him an opportunist”
`
`drowned in Plaintiff
`
`Dupart’s pool through
`
`
`her ex-husband who is
`
`aNOPD police officer
`
`and falsely claims
`
`Plaintiff Dupart bought
`
`out the NOPD by
`
`donating a fitness
`
`center to the NOPD a
`
`few weeks after the
`
`
`incident.
`
`18. “MC. Shakie
`03.28.2020
`
`Defendant Roussell
`
`DaRealBBJudy
`repeatedly admits that
`
`
`he used Plaintiff
`
`Dupart’s image and
`
`brand to sell his own
`
`
` http_s://www.youtube.co
`cosmetics line (which
`
`m/watch?v=oTtYYYV6
`attempts to compete
`
`
`with Plaintiff Dupart’s
`brand. Kaleidoscope
`
`Hair Products.
`
`
`
`Defendant repeatedly
`admits: “I am using
`
`
`[Dupart] to sell my
`
`products.” and
`
`advertises a 20%
`
`discount to his audience
`
`if they use the offer
`
`code “FUCKJUDY.”
`
`
`
`03.28.2020
`19. “MC. Shakie finds
`Defendant Roussell
`DaRealBBJudy
`insults Plaintiff
`out DARealBBJudy
`
`
`
`
`addresses him in a post
`Kaleidoscope
`
`
`
`and delete”
`
`
`
`
` Miracle Drops
`
`
`Dupart’s post in which
`
`she addressed
`
`
`
`Defendant Roussell and
`
`
`
`publishes their
`
`
`Instagram names in
`
`attempt to unlawfully
`
`compete and damage
`
`Plaintiff Dupart’s
`
`brand.
`
`
`
`
` Defendant repeatedly
`insults Plaintiff Dupart
`
`
`and her followers by
`
`using threatening and
`
`vulgar language,
`
`desi ed to incite
`
`
`8yo&t=l 99s
`
`https://www.youtube.co
`m/watch?v=5nXi xxC
`
`fl
`
`Dupart’s Instagram
`follower and supporter
`who commented under
`
`l6
`
`

`

`Case 2:20-cv-01406-SSV-KWR Document 1 Filed 05/11/20 Page 17 of 43
`Case 2:20-cv-01406—SSV-KWR Document 1 Filed 05/11/20 Page 17 of 43
`
`violence.
`
`Defendant Roussell
`
`
`
`falsely states that
`Plaintiff Dupart takes
`advantage of little kids
`and that she lets
`
`children promote her
`products for free.
`
`Defendant Roussell
`
`falsely states Plaintiff
`Dupart committed an
`act of fraud by not
`disclosing the purchase
`price on her strip mall.
`
`Defendant Roussell
`
`falsely asserts that
`Plaintiff Dupart built
`her business on fraud.
`
`Defendant Roussell
`
`falsely states that
`Plaintiff Dupart’s
`Kaleidoscope Drops are
`from “the Chinese.”
`
`Defendant Roussell
`
`falsely states he found
`the Kaleidoscope
`products on Alibaba
`and found the person
`who sent the first
`formula to Alibaba.
`
`Defendant falsely
`calculates that Lil
`
`James would only keep
`$105,000.00 if he made
`$1,000,000.00 because
`most of the money
`would go to Plaintiff
`Dupart due to two
`contracts between Lil
`James and Plaintiff.
`
`Defendant Roussell
`places Plaintiff Dupart
`in a false light by
`publicly broadcasting
`and a 1
`' with the
`
`20. “MC. Shakie Gets
`Emotional With Bee
`Speaks (Must See)”
`
`03.28.2020
`
`htt s://www. outube.co
`
`17
`
`Kaleidoscope
`
`

`

`Case 2:20-cv-01406-SSV-KWR Document 1 Filed 05/11/20 Page 18 of 43
`Case 2:20-cv-01406—SSV-KWR Document 1 Filed 05/11/20 Page 18 of 43
`
`rn/watch?v=LlTJ Uch
`
`
`gr_l
`
`
`
`
`
`
`statement “if y’all
`
`watch [Dupart] become
`
`millionaire off the back
`
`of our own people, you
`
`are no worse than a
`
`mother who watches
`
`her child be raped by
`
`the boyfiiend and don’t
`
`sa nothin .”
`Defendant Roussell
`Kaleidokids
`
`
`
`publishes statements
`that he knows are the
`
`03.28.2020
`
`
`
`03.28.2020
`
`
`
`
`
`
`
`
`sexuality.
`
`Defendant Roussell
`
`falsely states that
`Dupart paid a woman
`he interviewed and
`
`03.29.2020
`
`
`
`
`Da Brat
`
`Dupart should protect
`her brand from the
`
`damages that
`Defendant Roussell
`
`proudly acknowledges
`he is attempting to
`cause or release the
`minor child from his
`contract.
`
`Defendant Roussell
`admits that he ran a
`
`false and defamatory
`story about Plaintiff
`Dupart and failed to
`diligently screen his
`sources and/or the
`
`1 8
`
`
`
`
`
`
`
`
`
`
`
`
`
`subject of a
`confidentiality
`agreement, thereby
`tortiously interfering
`
`with Plaintiffs’
`
`contractual
`
`
`relationshi . s.
`
`Defendant Roussell
`
`
`
`DaRealBBJudy
`
`falsely states that he
`
`Da Brat
`and his Viewers forced
`
`
`Da Brat to share her
`
`
`
`
`
`
`
`published to tell a false
`
`sto
`to discredit him.
`
` DaRealBB Judy
`
`
`23. “MC. Shakie
`Defendant Roussell
`states that Plaintiff
`
`
`
`
`Kaleidoscope
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`21. “MC. Shakie
`Explains About The
`
`
`Mother”
`
`
`
`
`https://www.youtube.co
`m/watch?v=102§ zoElh
`
`YcM
`
`
`
`
`
`
`22. “MC. Shakie Gets
`
`DaRealBBJudy Off His
`Chest”
`
`https://www.youtube.co
`m/watch?v=pEUchV
`
`wst
`
`admits Darealbbj udy
`duped him”
`
`s://www. outube.co
`h
`i
`m/watch?v=wkh
`d o
`
`
`
`
`
`

`

`Case 2:20-cv-01406-SSV-KWR Document 1 Filed 05/11/20 Page 19 of 43
`Case 2:20-cv-01406—SSV-KWR Document 1 Filed 05/11/20 Page 19 of 43
`
`published.
`
`24. “Shakie in Rare
`
`- 04.06.2020
`
`Defendant Roussell
`
`Kaleidoscope
`
` statements, which he
`
`
`
`falsely states Plaintiff
`Dupart sells baking
`products and Canola
`oil, Cayenne pepper,
`milkshake and soy milk
`while he sells cosmetics
`
`Form Goes in on
`
`Da Brat
`
`
`DARealBBJudy and
`
`Her Lawyer (Must
`
`
`
`See)”
`
`
`
`
`
`
`
` https://www.youtube.co
`
`
`m/watch?v=pv28eZl O
`to prove that they are
`
`M
`
`not competitive.
`
`
`
` Defendant Roussell
`calls Plaintiff Dupart’s
`
`“Kaleidovirus.”
`products
`
`
`
` Defendant Roussell
`repeatedly states he is
`
`
`using Plaintiff Dupart
`
`to sell his products and
`
`that he makes money
`
`out of Dupart.
`
`
` Defendant Roussell
`
`furthermore shows a
`
`code with the name
`
`“F**KIUDY” one can
`
`use to get percentages
`
`off of his products and
`
`states “Y’all used the
`
`F**KJUDY code 121
`
`times. I think I’lljust
`
`sue that b*tch [Dupart]
`
`for that. Y’all saved
`
`$355.25 using the
`
`F**KJUDY code.”
`
`
`
` Defendant Roussell
`states he made Da Brat
`
`
`“come out of the
`
`
`closet” by showing
`videos of Dupart and
`
`Da Brat together all the
`
`time.
`
`
`
` Defendant Roussell
`
`repeatedly promotes his
`.roducts.
`
`l9
`
`

`

`Case 2:20-cv-01406-SSV-KWR Document 1 Filed 05/11/20 Page 20 of 43
`Case 2:20-cv-01406—SSV-KWR Document 1 Filed 05/11/20 Page 20 of 43
`
`20.
`
`The videos detailed in the foregoing chart shall be collectively referred to herein as the
`
`“Videos.”
`
`21.
`
`Importantly, Defendant Roussell’s YouTube account is monetized and advertiser
`
`supported, meaning that he earns a payment for every time his audience watches his videos.
`
`22.
`
`Indeed, YouTube also earns a payment from advertisers every time Defendant
`
`Roussell’s YouTube content is viewed by a YouTube user.
`
`23.
`
`Defendant Roussell’s uploads to YouTube only typically attract far less than even
`
`5,000 views. However, the false, defamatory, malicious, and infringing posts featuring Plaintiff
`
`Dupart and Plaintiff Harris are exponentially more popular with his audience, with views ranging
`
`from tens of thousands to over one hundred thousand views, with a total number of views at
`
`716,089 and the total number of consumer comments under these videos in the amount of 7,082
`
`as oprril 17, 2020.
`
`24.
`
`Defendant’s malicious intent has been made clear by his own admissions. Indeed,
`
`Defendant stated “[a] 11 in all today was successful! While there is a definite #method to my
`
`#madness and #purpose to my #petty it is paying off.” See Screenshots of Instagram and
`
`YouTube, attached hereto and incorporated herein as Group Exhibit A when he showed his
`
`viewing audience how his own Sip Cosmetic’s sales generated over $10,000.00 in sales during
`
`two days when he was engaged in the behavior against Plaintiff Dupart and Plaintiff Harris as
`
`complained of herein. See Video No. 18 from the foregoing chart; see also Exhibit A. On April
`
`6, 2020, Defendant admitted that his Sip Cosmetics line had grossed more than $30,000.00 from
`
`his campaign against Plaintiff Dupart. See Screen Capture from Instagram, attached hereto and
`
`incorporated herein as Exhibit B. Defendant’s malicious intent is further demonstrated by his
`
`open admission that, at one point he had grossed over $10,000 by defaming and attempting to
`
`compete with Plaintiff Dupart; he went so far as to exclaim “[a]11 in all today was successful!
`
`20
`
`

`

`Case 2:20-cv-01406-SSV-KWR Document 1 Filed 05/11/20 Page 21 of 43
`Case 2:20-cv-01406—SSV-KWR Document 1 Filed 05/11/20 Page 21 of 43
`
`While there is a definite #method to my #madness and #purpose to my #petty it is paying of .”
`
`See Exhibit A.
`
`25.
`
`The goodwill and reputation for quality that Plaintiffs have worked so hard to
`
`cultivate have been threatened by Defendant Roussell’s actions. Defendant Roussell has used
`
`and continues to use the MARKS in his campaign to tarnish, defame, and unfairly compete with
`
`the MARKS, and to defame the Plaintiffs personally in an effort to sell competing goods to many
`
`of the same consumers served by Plaintiffs. Unless Defendant is enjoined from using the
`
`MARKS, such use will continue to cause consumer confusion, and will cause irreparable harm to
`
`Plaintiff.
`
`26.
`
`Irreparable harm to Plaintiffs will also result as a consequence of Defendant
`
`Roussell’s smear campaign, wherein he has, among other things, publicly warned that “...I’m
`
`over here debated on whether to release Brat nudes or release the eyewitness interview at this
`
`point.” See Screenshots attached hereto and incorporated herein as Group Exhibit C. Plaintiffs
`
`have no adequate remedy at law to compensate them for these ongoing injuries.
`
`27.
`
`This action seeks injunctive relief, damages, and other appropriate relief arising
`
`from Defendant Roussell’s willful acts of trademark infringement, unfair competition,
`
`defamation, invasion of privacy, false light, and tortious interference.
`
`28.
`
`This matter is pled pursuant to the substantive laws of the State of Louisiana,
`
`wh