Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA180556
`ESTTA Tracking number:
`12/13/2007
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91178107
`Defendant
`BAKER, RUSSELL
`MARTIN P. MICHAEL
`SONNENCHEIN NATH & ROSENTHAL LLP
`P.O. Box 061080 , Wacker Drive Station- Sears Tower
`Chicago, IL 60606-1080
`UNITED STATES
`Other Motions/Papers
`Rebecca Hughes Parker
`ttab@sonnenschein.com,rhparker@sonnenschein.com,rmaitland@sonnenschei
`n.com
`/rebecca hughes parker/
`12/13/2007
`REAL NEWS - MOTION TO SUSPEND - 91178107.pdf ( 61 pages )(2391256
`bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`
`Signature
`Date
`Attachments
`
`

`
`) ) ) ) ) )
`
`) Opposition No. 91178107
`
`) ) )
`
`)
`,)
`
`IWT.TV Inc. and
`
`Independent World Television Inc.
`
`V.
`
`Russell Baker,
`
`Opposer,
`
`Applicant.
`
`MOTION TO SUSPEND PENDING INTER PARTES PROCEEDING
`*%
`
`Sir:
`
`Applicant moves to suspend the above—captioned proceeding pending disposition of Civil
`
`Action No. 06 CV 04322 filed by Applicant against Opposer in the U.S. District Court for the
`
`Southern District of New York.
`
`Applicant has applied for federal registration of its trademark THE REAL NEWS
`
`PROJECT for "news reporting services, namely, services for the production and distribution of
`
`investigative journalism intended for adults" (Application Serial No. 78/818,009).
`
`Opposer has filed a Notice of Opposition to application Serial No. 78/818,009, claiming
`
`prior use of the mark REAL NEWS. Believing itself to be the first user of the mark throughout
`
`the United States, Applicant has filed a civil action charging Opposer with infringement of its
`
`trademark rights. The pleadings in this Civil Action are attached hereto as Exhibit A.
`
`-1-
`
`

`
`Disposition of the civil action will determine who has superior rights to the mark and
`
`whether Applicant is entitled to register the same. Accordingly, it is respectfully submitted that
`
`all further proceedings in Opposition No. 91 178107 be suspended pending disposition of Civil
`
`Action No. 06 CV 04322.
`
`Dated: December 13, 2007
`
`By:
`
`Respectfully submitted,
`
` sagas lri:¢,§,’}ir@§ Sfiaasw
`
`Martin P. Michael
`
`Rebecca Hughes Parker
`SONNENSCHEIN NATH & ROSENTHAL LLP
`Attorneys for Applicant
`1221 Avenue ofthe Americas
`New York, New York 10020
`Tel:
`(212) 768-6700
`Fax: (212) 768-6800
`E-mail:
`ttab@sonnenschein.com
`
`E Ei5
`
`.ag
`
`
`

`
`CERTIFICATE OF SERVICE
`
`1, Rebecca Hughes Parker, attorney for Applicant, do hereby certify that on this 13”‘
`
`day
`
`of December, 2007,
`
`a true, complete and correct copy of the foregoing MOTION TO SUSPEND
`
`PENDING INTER PARTES PROCEEDING was served by depositing same with the United
`
`States Postal Service — First Class Mail
`
`, postage prepaid, addressed to the following counsel of
`
`record:
`
`I 00(I9‘)9E> V-I
`
`Natalie Hanlon—Leh, Esq.
`Jennifer D. Collins, Esq.
`Faegre & Benson LLP
`3200 Wells Fargo Center
`1700 Lincoln Street
`Denver, CO 80203—4532
`Attorneys for Opposer
`
`
`
`Rebecca Hughed Parker
`
`2 Es 2
`
`

`
`EXHIBIT A
`
`

`
`UNITED STATES DISTRICT COURT
`
`SOUTHERN DISTRICT OF NEW YORK
`
`——————————————————————————ca----.........---.-..-..-.............-.......-....x
`
`REAL NEWS PROJECT, INC.
`
`Plaintiff,
`
`§ against —
`
`Civil Action No.
`
`COMPLAINT
`
`INDEPENDENT WORLD TELEVISION, lNC.,
`
`Plaintiff Real News Project, lnc., by its attorneys Sonnenschein Nath & Rosenthal LLP,
`
`as and for its Complaint against defendant Independent World Television, Inc. (hereinafter
`
`“IWT” or “Defendant”), alleges as follows:
`
`NATURE or THE ACTION
`
`1.
`
`Plaintiff is the owner of the distinctive names and marks THE REAL NEWS
`
`PROTECT, REAL NEWS and REALNEWS and the domain name REALNEWSDRG (the
`“Plaintiff” s Marks” or the “Real News Marks”).
`Plaintiff creates and offers independent
`investigative news stories. Plaintiff acquired the rights to the Plaintiffs Marks from its founder
`
`and principal, Mr. Russell Baker.
`2.
`Upon information and belief, Defendant intends to offer independent investigative
`
`news stories and programming.
`3.
`Plaintiff brings this action seeking, inter alia, the Court’s determination, order and
`
`law codified at § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a); (ii) improperly registered,
`trafficked in and/or used the internet domain name “THEREALNEWSCOM” in violation of
`
`
`
`

`
`Plaintiff’s rights under the Anticybersquatting Consumer Protection Act (“ACPA”), Section
`43(d) of the Lanham Act, 15 U.S.C. § ll25(d); (iii) infringed Plaintiff’s trademark rights under
`ghts under the unfair competition law of
`the common law of New York; (iv) violated Plaintiffs ri
`Plaintiffs Marks with the intent to deceive in violation of New York
`
`New York; and (v) used
`
`General Business Law §l33.
`4.
`Defendant’s tortious acts have caused and continue to cause irreparable damage
`and injury to Plaintiff for which Plaintiff has no adequate remedy at
`law. Plaintiff seeks
`injunctive relief, transfer to Plaintiff or cancellation of the THEREALNEWSCOM domain
`name, compensatory damages, Defendant’s profits, and other appropriate relief as set forth more
`
`PARTIES
`
`Plaintiff Real News Project, Inc. is a New York not-for-profit corporation, duly
`5.
`organized under the laws of the State of New York, with its principal place of business in New
`York, New York. Real News Project, Inc.
`is a “production shop” for ground-breaking,
`
`6.
`
`Upon information and belie ,
`
`n and belief, IWT intends to offer
`
`independent investigative news stories and prograrnrning.
`JURISDICTION
`
`7.
`
`8.
`
`New York,
`Defendant’s
`
`IWT is subject to personal jurisdiction in New York.
`Upon information and belief, Defendant regularly does and transacts business in
`rk County, by,
`inter alia, advertising and promoting
`including in New Yo
`services and soliciting and transacting business with potential donors and
`
`-2.
`
`
`
`

`
`subscribers residing within New York, including New York County, using the infringing name
`
`and mark THE REAL NEWS and through its interactive website with the infringing domain
`
`name, THEREALNEWSCOM.
`
`9.
`
`Upon information and belief, IWT is registered with the NYS Department of State
`
`as a New York not-for-profit corporation.
`
`10.
`
`Upon information and belief, IWT or its principal, Mr. Paul Jay, has reserved or
`
`caused to be reserved the name THE REAL NEWS, INC. with the NYS Department of State for
`
`a New York not-for-profit corporation.
`
`Upon information and belief, Defendant commits tortious acts within New York,
`11.
`including New York County. Upon information and belief, Defendant infringes Plaintiff‘s
`Marks and competes unfairly with Plaintiff in New York, including New York County, by, inter
`alia, advertising and promoting its services and soliciting and transacting business with potential
`donors and subscribers within New York, including New York County, using the infringing
`name and mark THE REAL NEWS and through its interactive website with the infringing
`
`domain name, THEREALNEWSCOM.
`12.
`Upon information and belief, Defendant commits tortious acts without New York
`that cause injury within New York, including New York County. Upon information and belief,
`although certain of Defendant’s tortious "conduct described in this Complaint may originate
`outside of New York, it causes damages and ‘injury to Plaintiff in New York, including New
`
`York County.
`
`By using the infringing name and mark THE REAL NEWS and its interactive
`13.
`website, with the infringing domain name THEREALNEWSCOM,
`to solicit funding and
`subscribers residing in New York, including New York County, Defendant expects or should
`
`-3-
`
`
`
`

`
`E
`
`
`
`have reasonably expected its conduct to have consequences in New York, including in New
`
`York County.
`14.
`
`Upon information and belief, Defendant derives revenue from interstate and
`
`international commerce.
`
`15.
`
`The causes of action asserted in this Complaint arise from the acts of Defendant
`
`described in this Complaint.
`
`16.
`
`This Court has subject matter jurisdiction pursuant to 15 U.S.C. §1121, 28 U.S.C.
`
`§ 1331,28 U.S.C. § 1338(a), 28 U.S.C. § 13330») and 23 U.S.C. § 1367. This Court may grant
`Plaintiffs requested relief pursuant to the Lanham Act, 15 U.S.C. § 1051 et seq., and pursuant to
`
`the relevant common law and the general laws of the State ofNew York.
`
`VENUE
`
`l7.
`Venue is proper in this district pursuant to 28 U.S.C. § l391(b) because, inter
`alia, (i) Defendant resides in this district pursuant to 28 U.S.C. § 139l(c), and (ii) a substantial
`part of the events giving rise to Plaintiff’ s claims occurred in this judicial district.
`
`FACTUAL BACKGROUND
`
`Plaintiff” s Rights
`
`18.
`
`investigative journalism,
`
`Plaintiff is a “production shop” for ground
`with the goal of providing the American public with timely, well-
`
`breaking, transfonnative, independent
`
`Plaintiff, together with its founder and principal, has used the Real News Marks in
`19.
`interstate commerce continuously since June 2005. Through Plaintiffs continuous use of the
`name “REAL NEWS,” it has acquired common law rights to that name and mark.
`
`-4-
`
`
`
`

`
`20.
`
`Plaintiff has filed with the U.S. Patent and Trademark Office the following
`
`applications to register certain of Plaintiff’ s Marks:
`
`
`RealNews
`Real News
`
`Feb. 17, 2006
`Feb. 17, 2006
`
`78-817, 982
`78-817, 994
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`The Real News Project
`
`Feb. 17, 2006
`
`78~8l 8, 009
`
`News Reporting Services
`
`21.
`Plaintiff has operated and maintained an a
`domain name REALNEWSDRG since January 2006. Plaintiff uses this website to distribute its
`investigative news stories to a significant online audience.
`Sample pages from Plaintiffs
`
`ctive website on the Internet under its
`
`website are attached hereto as Exhibit A.
`22.
`Plaintiffs website has been viewed by approximately 35,000 distinct visitors.
`23.
`Hundreds of websites have posted Plaintiffs first news story or have incorporated
`nk to Plaintiffs website. At
`least five LexisNexis sources have carried or referenced
`reference to Plaintiff as a ‘‘not-for—profit organization
`Plaintiffs first story along with a
`
`ali
`
`news reports on the realities being the biggest controversies of our time.” Copies of the
`LexisNexis stories are attached hereto as Exhibit B.
`24.
`Plaintiffs efforts have resulted in valuable goodwill and reputation becoming
`
`associated
`
`25.
`
`with Plaintifi’ 3 Real News Marks.
`s news sources, such as The Los Angeles Times and
`
`Prominent and prestigiou
`
`TomPaine.com, have recognized Plaintiff and its work. See, for ex
`
`ample, the articles attached
`
`hereto as Exhibit C.
`
`
`
`wnm«wmm‘.«wm..m.....,.
`
`,..,w.....g....~.m.,{,,3 ,
`
`

`
`Defendant’s Willful Infringing Actions and Unfair Competition.
`
`26.
`
`In early February 2006, Defendant’s principal, Paul Jay, already fully aware of
`
`Plaintiff’s use of the Real News Marks, as well as Plaintiff’s Internet website with the domain
`
`address, REALNEWSORG, contacted Russell Baker, Plaintiffs founder and principal, and
`
`informed Mr. Baker that although he was aware of Plaintiff’s use of the Real News Marks and
`
`Plaintiffs website, Defendant nevertheless intended to use the name THE REAL NEWS for
`
`Defendant’s own intended venture.
`
`27.
`
`The fundamental purpose of both Plaintiffs and Defendant’s “REAL NEWS”
`
`ventures is virtually identical, namely, to provide investigative journalism free from corporate
`
`and governmental funding that typically exert pressure to shape the news to serve their various
`political and economic agendas. Additionally, both Plaintiff and Defendant solicit funding for
`their respective ventures from many of the same foundations and charitable sources.
`28.
`Therefore,
`in telephone conversations and in subsequent correspondence, Mr.
`
`intended use of REAL
`
`NEWS and informed Mr. Jay that he objected to Defendant’s use of REAL NEWS and that
`disastrous confusion was virtually certain to result from Defendant’s use of any name or mark
`
`featuring REAL NEWS.
`29.
`Indeed, Mr. Jay, has specifically admitted that there would surely be confusion
`between Plaintiffs venture and Defendant’s venture if Defendant were to use the name and mark
`
`THE REAL NEWS or any other name or mark featuring REAL NEWS.
`30.
`Additionally, colleagues of Mr. Jay and Mr. Baker in the news industry have since
`
`acknowledge
`
`d that there would be confusion with Plaintiff if Defendant were to use a name or
`
`mark featuring REAL NEWS such as THE REAL NEWS.
`
`-5-
`
`,
`
`.. ,..~,.r..u.,.»..;..w.~.u:.~.>,7,
`
`

`
`Upon information and belief, on March 3, 2006, after Defendant was fully aware
`31.
`of Plaintiffs use of the Real News Marks and Plaintiffs U.S. trademark applications therefor
`and after Plaintiff had communicated to Defendant its objections to Defendant’s use of any name
`or mark featuring REAL NEWS, IWT filed with the U.S. Patent and Trademark Office a
`trademark application for the mark THE REAL NEWS based upon an alleged good faith intent
`to use the mark in the future in connection with a “web and television news and current affairs
`
`network.”
`
`Upon information and belief, on March 17, 2006, after Defendant was fully aware
`32.
`of Plaintiff’s use of the Real News Marks and Plaintiff’s U.S. trademark applications therefor
`and after Plaintiff had communicated to Defendant its objections to Defendant’s use of any name
`or mark featuring REAL NEWS, IWT or its principal, Mr. Paul Jay, reserved or caused to be
`reserved the name THE REAL NEWS, INC with the NYS Department of State.
`33.
`Upon information and belief, as‘ of March 30, 2006, IWT or Mr. Jay caused the
`domain name THEREALNEWSCOM to be transferred from an unknown previous owner to
`
`Defendant its objections to Defendant’s use of a name or mark featuring REAL NEWS and its
`willingness to take legal action to protect its name if necessary, Defendant publicly announced
`that it was changing its name to THE REAL NEWS. At that time, Defendant dramatically
`intensified its publicity efforts with a mass email identifying itself as THE REAL NEWS and by
`nt message on its website www.iwtnews.com noting that THE REAL NEWS is
`posting a promine
`that
`it will be the new name of IWT and that
`it will be located at
`coming soon,
`
`-7-
`
`
`
`nu-.u..-...~m.......(..c..a.,.,
`
`

`
`www.therealnews.corn. Copies of said mass email and said message are attached hereto as
`
`Exhibits D and B, respectively.
`35.
`Upon entering the Internet domain address THEREALNEWSCOM, the user is
`
`automatically redirected to lWT’s website, which prominently feature
`and mark. A copy of the front page of, and other sample pages from, said website are attached
`
`s THE REAL NEWS name
`
`hereto as Exhibit F.
`
`36.
`
`On April 17, 2006, counsel for Plaintiff sent a letter to Mr. Jay requesting that he
`‘Real News’.” The cease and
`
`“cease and desist from the use of names involving the phrase
`desist
`letter also referenced Mr. Jay’s admission that people would be confused if both
`
`enterprises used a “REAL NEWS” name.
`37.
`On May 1, 2006, Plaintiff’s counsel again wrote to Defendant demanding that it
`
`cease use of REAL NEWS as or as part of its mark or name.
`38.
`Nevertheless, Defendant’s infringement continues unabated. Defendant is still
`te under the domain name THEREALNEWSCOM, and is still using the
`
`operating its websi
`
`name THE REAL NEWS.
`
`d indeed virtually identical
`
`to Plaintiffs Real News Marks, were
`goodwill and reputation of Plaintiff and its
`
`iation with the
`
`,,..,...M..w.Mw..am«4.a>x-azsraa.,é-
`
`-;g.,»-,_
`
`

`
`Plaintiff Is Being Irreparably Harmed
`40.
`The public is likely to believe mistakenly and to be confused into thinking that
`Defendant and its services offered in connection with the name and mark THE REAL NEWS
`and
`distributed via
`a website, which
`can
`be
`accessed under
`the
`domain
`name
`THEREALNEWS.COM, originate with, are affiliated with or are approved by Plaintiff because,
`inter alia, THE REAL NEWS and THEREALNEWSCOM are virtually identical to Plaintiffs
`Marks, both Plaintiff and Defendant offer or intend to offer similar services to overlapping
`audiences and they both seek funding from the same sources and subscribers.
`41.
`Such confusion and mistake cause irreparable harm to Plaintiff. For example, any
`dissatisfaction with Defendant or its services will mistakenly be attributed to Plaintiff, and any
`adverse publicity associated with Defendant will
`likely reflect negatively upon Plaintiff.
`funders and subscribers are diverted from
`
`Moreover, as a result of this confusion and mistake,
`
`Plaintiff to Defendant.
`42.
`Indeed, actual confusion already has resulted from Defendant’s use of the Real
`News Marks. Specifically, when Plaintiff recently inquired regarding the possibility of funding
`
`from the John D.
`
`Defendant and informed Plaintiff that “realnews”’ re
`
`foundation had been in
`
`impacted Plaintiffs ability to obtain the necessary funding for its venture.
`
`43.
`
`Plaintiff will
`
`continue its use of a name, mark or domain name featuring REAL NEWS.
`
`Count I - False Desi nation of Ori ‘n
`(Violation of § 43(a) of the Lanham Act, 15 U.S.C. 1125(3))
`Plaintifi" re-alleges paragraphs 1 - 43 as though set forth in full hereat.
`-9.
`
`44.
`
`
`
`

`
`Defendant’s use of the name and mark THE REAL NEWS and the domain name
`45.
`THEREALNEWSCOM as set forth above constitutes false designation of origin in that such use
`is likely to cause confusion, mistake and/or deception as to the affiliation, connection, or
`association of Defendant and/or its services with Plaintiff and/or its services. As a result of
`Defendant’s use of THE REAL NEWS and THEREALNEWSCOM, the public is likely to
`believe falsely that Defendant and its services and commercial activities originate with or are
`sponsored, approved or licensed by, or are in some other way associated or connected with
`Plaintiff or its activities conducted under its Real News Marks.
`46.
`Defendant’s acts complained of herein constitute a violation of Section 43(a)(l)
`
`ofthe Lanham Act, 15 U.S.C. §1 l25(a).
`47.
`Defendant’s acts complained of herein, which upon information and belief have
`n, mistake and deception, have
`
`been done willfully and with the intention to cause confusio
`caused and will continue to cause irreparable injury and damage to Plaintiff, and unless enjoined
`will continue to cause irreparable injury and damage to Plaintiff for which Plaintiff has no
`
`adequate remedy at law.
`48.
`For this violation of Section 43(a)(l) of the Lanh
`suant to Sections 34, 35 and 36 of the Lanham Act, 15
`
`am Act, Plaintiff is entitled to
`
`injunctive, monetary and other relief pur
`
`U.S.C. §§ H16, H17, and H18.
`
`Count II - Cybersguatting
`(Violation of § 4303) of the Lanham Act, 15 U.S.C. § 1125(d))
`Plaintiff re~alleges paragraphs 1 ~ 48 as though set forth in full hereat.
`a bad faith intent to profit from its
`
`49.
`
`Upon information and belief, Defendant has
`50.
`us
`and/or
`in,
`of Plaintiffs Marks,
`and
`has
`registered,
`trafficked
`use
`THEREALNEWSCOM domain name, which is confusingly similar to Plaintiffs Marks.
`
`ed
`
`-.10-
`
`the
`
`~.»-._,~r«.rswsy,m,z,:>;;»@»s,&»z~;~:aV,es
`
`

`
`The previously registered domain name THEREALNEWSCOM was transferred
`51.
`to Defendant effective March 30, 2006 from an unknown prior owner. The Plaintiffs Marks are
`
`distinctive and were distinctive at that time.
`i 52.
`Upon information and belief, no use was being made of THEREALNEWSCOM
`domain name prior to Defendant’s acquisition of the domain name. Upon information and
`
`belief, it was merely a reserved, inactive domain name.
`53.
`Defendant has no valid trademark or other intellectual property or other rights to
`k featuring REAL NEWS.
`
`the name or mark THE REAL NEWS or any other name or mar
`54.
`Upon information and belief, Defendant made no use of the name or mark THE
`REAL N
`n connection with a bona fide
`EWS or the domain name THEREALNEWSCOM i
`its
`acquisition of
`the domain name
`
`offering of
`
`any
`
`goods or
`
`services prior
`
`to
`
`THBREALNEWSCOM.
`domain name
`the
`use of
`belief, Defcndant’s
`and
`55.
`Upon
`information
`EWS.COM was and is not bona tide, as it was and is done with the intent to benefit
`
`THEREALN
`
`from confusion with Plaintiff and Plaintiff’ s Marks.
`Upon information and belief, Defendant is acting with the intent to divert to
`
`sources of funding, subscribers and readers from Plaintiff and its website, bearing the domain
`name R.EALNEWS.ORG, in a manner that has harmed and is likely
`y Plaintiffs Marks for commercial gain and!or with the intent to tarnish or
`goodwill represented b
`disparage Plaintiffs Marks by creating a likelihood of confusion as to the source, sponsorship,
`affiliation or endorsement of Defendant’s website.
`
`-11-
`
`in
`
`—.....,._..,,-,M
`
`,
`
`.,
`
`

`
`57.
`
`Defendant’s acts set forth above constitute cybersquatting in violation of Section
`
`43(d) ofthe Lanham Act, 15 U.S.C. § ll25(d).
`58.
`Defendant’s acts of cybersquatting complained of herein, which upon information
`and belief have been done willfully and with the intention to cause confusion, deception and
`
`unless enjoined will continue to cause irreparable injury and damage to Plaintiff for which
`
`Plaintiff has no adequate remedy at law.
`For this violation of Section 43(a) of the Lanham Act, Plaintiff is entitled to
`ant to Sections 34, 35 and 43(d) of the Lanham Act,
`
`59.
`
`injunctive, monetary and other relief pursu
`
`l5 U.S.C.§§ 1116,1117 and ll25(d).
`Count III —- Common Law Trademark Infringement
`(Violation of New York Trademark Infringement Law)
`Plaintiff re—alleges paragraphs 1 — 59 as though set forth in full hereat.
`60.
`Defendant’s use of the name andlmark THE REAL NEWS and the domain name
`61.
`THEREALNEWSCOM complained of above in the State of New York, including through its
`ible at the domain name TI-IEREALNEWSCOM capitalizes upon and is intended
`utation of Plaintiffs Marks.
`
`website access
`
`to capitalize upon the goodwill and rep
`As a result of Defendant’s use of the name and in
`omplained of above in the State of New York,
`efendant and their respective
`
`62.
`
`domain name THEREALNEWSCOM, c
`consumer and trad
`e confusion is likely between Plaintiff and D
`
`ark THE REAL NEWS and the
`
`actual
`
`63.
`
`Thus, Defe-ndant’s use of the name and mark THE RE
`of above in the State of New York constitute
`
`AL NEWS and the domain
`
`name THEREALNEWSCOM complained
`nt under the common law‘of the State ofNew York.
`- 12 -
`
`trademark infringerne
`
`

`
`Defendant’s acts of trademark infringement complained of herein, whic
`64.
`information and belief have been done willfully and with the intention to cause confusion,
`ed and will continue to cause irreparable injury and damage to
`
`mistake and deception, have caus
`Plaintiff, and unless enjoined will continue to cause irreparable
`
`injury and damage to Plaintiff for
`
`which Plaintiff has no adequate remedy at law.
`65.
`For this trademark infringement, Plaintiff is entitled to injunctive, monetary and
`
`other relief pursuant to the common law of New York.
`Count IV - Common Law Unfair Competition
`fair Competition Law)
`(Violation of New York Un
`Plaintiff re-alleges paragraphs 1 - 65 as though set forth in full hereat.
`66.
`Defendant’s use of the name and mark THE REAL NEWS and the domain name
`67.
`THEREALNEWSCOM complained of above capitalizes upon and is intended to capitalize upon
`Plaintiff and Plaintiffs Marks.
`
`THE REAL NEWS and the domain name
`
`the goodwill and reputation of
`68.
`Defendant’s use of the name and mark
`ned of above usurps, dilutes and otherwise prejudices and
`without authorization, the goodwill associated with
`tarnishes Plaintiffs reputation by exploiting,
`Plaintiff‘s Marks, thus constituting unfair competition under the common law of the State of
`
`THEREALNEWSCOM cotnplai
`
`New York.
`
`69.
`
`Defendant’s acts of unfair competition complained of herein, which upon
`, have caused and will continue to cause
`
`information and belief have been done willfully
`
`relief pursuant to
`
`the common law of New York.
`- 13 -
`
`MW”
`
`_
`
`, _
`
`,
`
`

`
`Count V — Use of Name With Intent to Deceive
`Laws of New York)
`(Violation of Section 133 of the General
`
`71.
`
`Plaintiff re—alleges paragraphs 1 - 70 as though set forth in full hereat.
`
`urposes of advertising and trade, the
`
`72.
`As described above, Defendant is using, for p
`names and designations THE REAL NEWS and THEREALNEWSCOM, which will deceive
`and mislead the public as to Defendant’s identity and as to Defendant’s connection with Plaintiff.
`73.
`Upon information and belief, Defendant is using, for purposes of advertising and
`trade, the names and designations THE REAL NEWS and THEREALNEWSCOM with the
`intent to deceive and mislead the public as to Defendant’s identity and as to Defendant’s
`
`connection with Plaintiff.
`74.
`Defendant’s use,
`
`for purposes of advertising and trade, of the names and
`
`injury and damage to Plaintiff for which Plaintiffhas no adequate remedy at law.
`75.
`The use and continued use by Defendant of any name or mark featuring REAL
`NEWS is deceptive and misleading and is illegal as a matter of law and is without the authority
`
`or consent of Plaintiff.
`76.
`Plaintiff is entitled to injunctive relief prohibiting further violation of Section 133
`
`of the General Business Law of New York.
`WHEREFORE, Plaintiff prays the Court for its judgment and order:
`s, and attorneys,
`(1)
`Enjoi
`'
`and all others acting in active concert or participation therewith, who receive actual notice of the
`order, from using as
`trade name, company name,
`
`..<r«a.—>4~.Avf)S/Q/"4*.¢‘/,~OD*l/A‘."\‘4§{
`
`

`
`REAL NEWS or REALNEWS;
`
`(2)
`Holding that Defen
`Act, 15 U.S.C. § ll25(cl), by registering, trafficking in, and/or usin
`
`g THEREALNEWSCOM
`
`dant has violated the Anticybersquatting Consumer Protection
`
`domain name;
`
`(3)
`
`Enjoining Defendant from using the domain name THEREALNEWSCOM in any
`
`THEREALNEWSCOM to Plaintiff or, alternatively, to have the domain name cancelled;
`(4)
`Directing Defendant to provide an accounting of all revenues and profits derived
`
`THE REAL NEWS,
`
`the words REAL NEWS;
`
`from Defendant’s
`arising
`profits
`(i) Defendant’s
`Plaintiff:
`Awarding
`(5)
`aforementioned infringing or otherwise improper activities; (ii) the damages sustained by
`Plaintiff as a result of these infringing, unfair, deceptive or other activities in violation of federal
`or state law, which damages should be trebled by reason of Defendant’s willfulness; and (iii) the
`costs in association with this action, as this Court may determine to be fair and appropriate
`a) of the Lanham Act, 15 U.S.C. § l117(a);
`s of infringement, unfair competition and
`
`(6)
`
`Declaring that Defendant’s willful act
`ceptional case within the meaning of Section 3S(a) of the Lanham Act,
`deception, make this an ex
`15 U.S.C. § l117(a) and awarding to Plaintiff its reasonable attorneys’ fees; and
`
`pursuant to Section 3S(
`
`-15-
`
`

`
`proper.
`
`Dated: New York, New York
`June 7, 2006
`
`Respectfully submitted,
`
`SONNENSCH IN NATH ROSENTHAL LLP
`
` M 'n P. Michael (MM-6867)
`
`Jill L. Abitbol (IA-9112)
`
`1221 Avenue of the Americas
`New York, New York 10020
`(212) 768-6700
`
`Attorneys for Plaintzfl
`
`» V .- M§
`
`

`
`Exhibit A
`
`
`
`‘ .. '2»§J2)‘~:&
`
`.,,..AWMm w;¢fi-/
`
`

`
`Page 1 U1 ~
`
`
`
`Home
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`About Raamaws
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`Reamews
`
`A Real News Exclusive
`
`Unholy Trinity: Katrina, Allbaugh and Brown
`
`February 6, 2006
`
`(Click here to read the full article)
`
`Luke Frazza / Getty Images
`
`Executive Summary Follows
`
`When George W.
`Allbaugh to run FEMA.
`
`I I'1I"\(\l
`
`

`
`3 Real News Project — RealNews
`
`Page 2 or A
`
`HIGH ICIL U03 GQCHLY, IHO|\H|'g UIUVVH
`y LU :1: ma cup ODDIDLGIIL,
`Copyright ReaiNews.org
`
`the director.
`
`extre
`
`When Hurricane Katrina hit the Gulf States, Brown's inexperience and lack of qualifications quickly
`became apparent to the world. Reporters discovered that Brown had substantially exaggerated his
`mely modest accomplishments. Bush initially expressed his support for the embattled Brown,
`“Brownie, you're doing a heck of a job." But with criticism reaching fever pitch, the
`famously declaring,
`jettisoning subordinates -— took the atypical step of forcing Brown
`president — famed for almost never
`out.
`
`priate choice could have ended up running
`ard about Brown, or how such an inappro
`de disaster, including
`Little more was he
`rlcan public from natural and manrna
`an agency responsible for protecting the Ame
`the aftermath of terrorist attacks.
`
`But a RealNews investigation, encompa
`unearthed a stunning back story that shines a
`relationship.
`
`ssing scores of interviews and hun
`bright light on the mysterlo
`
`dreds of documents, has
`
`us Bush-Allbaugh—Brown
`
`ted him as a lifelong associate of high
`ought Brown to Washington, he presen
`hlcs attorney,"
`when Allbaugh br
`“I hired him solely on his ability as a strong et
`character and substantial credentials.
`e at the time. “He is very experienced,
`Ailbaugh said in an official FEMA press releas
`professional and will be a great asset to the agency and to myself."
`ed, is that the relationship between the two rests on a decades—iong
`The truth, RealNews has learn
`both men's business and persona
`hidden partnership designed to advance
`ask Bush to let him run
`appearances, that relationship drove Alibaugh‘s decision to
`decision to turn the place over to Brown so he could profit from their ties.
`
`l interests. By all
`FEMA, and his
`
`knowledgeable, and
`
`The full 9000-word article is readable here. Among the key revelations:
`
`g—time friends, and were
`rown characterized themselves as lon
`—Once in Washington, Allbaugh and 5
`d Republican circles. But
`college an
`s to
`content to leave the impression that they knew each other from
`sociation between the two appear
`lifelong associates of both men say that is untrue. Indeed, the as
`tuai self~interest, as
`have been a largely covert one, based less on selfless brotherhood than on mu
`represented by a series of murky business ventures.
`d in the past of fiduciary malfeasance. Before coming to
`-Both Brown and Allbaugh were accuse ates and creditors not as rising stars but as ethicaliy—challenged,
`Washington, both were known to associ
`and frequently failed, entrepreneurs.
`
`In another, Allbaugh partnered
`lobbyist.
`Ailbaugh worked for Brown, as a
`ived mysterious, large amounts of cash
`-In one business venture,
`law. That business invo
`ther~in—iaw and sister*in—
`partner would
`to their divorce. One Ailbaugh business
`and contributed
`d serve time in a federal prison.
`
`with Brown's bro
`that upset Allbaugh's then-wife,
`later be convicted of mail and wire fraud an
`—Alibauoh persuaded an elderly widow who was a freduent GOP donor to personally loan him money: he
`
`Cl"1l"'H'\f\
`
`

`
`2 Real News Project - Rea1News
`
`..._ ....__,..
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`Page .3 U1‘-
`
`defaulted on the loan.
`
`-Allbaugh and his second wife declared bankruptcy, unloading nearly $300,000 in debt, but failed to
`report this — as he was required to do — to the Senate on disclosure forms during his confirmation
`process. Legal experts say this may constitute a felony.
`
`-Allbaugh accepted a personal loan guaranteed by a large contractor doing business with the state of
`Oklahoma while he was a top aide to the governor; he never repaid the loan.
`
`~Brown, who was brought into i-‘EMA initially by Allbaugh to run the legal operation, has a history as a
`failed iow—ievei lawyer, replete with discontented clients, unhappy employers and damaging lawsuits.
`
`—Brown was fired from his iongest»heid position, his principal job preceding his hiring at FEMA, for
`rominent horse owner under false pretenses. when an official of the
`obtaining a personal loan from a p
`Brown tried to make a deal with the man to make the matter go
`
`horse association confronted him,
`
`away.
`
`-Although it has been reported that Brown exaggerated som
`exaggerated many more, creating a misleading impression a
`he was confirmed to his high federal position.
`
`e of his accomplishments, he actually
`
`bout his qualifications and his credibility as
`
`’The hard-luck Brown has recei
`lawyer, who has helped him through scrape after scrape,
`regional director of the influential and secretive Federalist Society.
`
`ved multiple assists from well-connected Republicans. His long-time
`is a friend of Clarence Thomas and former
`
`in the Bush administration well in advance.
`’Brown and Allbaugh had apparently agreed on Brown's role
`For six months prior to Bush's election in 2000, Brown was telling incredulous associates that he
`expected to land a high position in Washington.
`
`-Both Alibaugh and Brown appe
`
`Senate during their confirmation process —
`high office and that, by law, they were required to di
`1990 bankruptcy.
`
`ar to have withheld negative personal financial information from the
`information that would have cast doubt on their fitness for
`sclose. Allbaugh, notably, failed to disclose his
`
`-At FEMA, Allbaugh launched a purge, forcing out many of the most experienced officials. Allbaugh and
`Brown also abandoned a recent agency tradition of hiring experienced professionals and filled high
`FEMA positions with political operatives lacking familiarity with emergency disaster management.
`
`~Allbaugh edged out h