Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA537100
`ESTTA Tracking number:
`05/10/2013
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92055788
`Plaintiff
`Tellnet Communications Inc.
`JOHN O MURRIN
`MURRIN LAW FIRM
`2682 270TH STREET
`MADISON, MN 56256
`UNITED STATES
`Other Motions/Papers
`John O. Murrin
`jmurrin@murrinlawfirm.com, jmunsterman@farmerstel.net
`/s/ John O. Murrin
`05/10/2013
`Complaint-Summons-SIGNED.pdf(5010719 bytes )
`Trademark Atty 5-8-13.pdf(39954 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`

`A0 4.40 (Rev. {16/12} Summons in a Civil Action
`
`
`UNITED STATES DISTRICT COURT
`for the
`
`Central District of California
`
`Civil Action No. {DCUQ, {Wan CDT/5);
`
`) ) ) 3
`
`3
`
`) ) ) ) )
`
`Tellnet Communications Inc, a Florida Corporation
`M&S Telecommunications Company Of America. a
`Florida Corporation, John O. Murrin. an individual
`
`
`Plaintfls)
`
`V-
`
`Daniel Lacheen
`
`Defindaittfsj
`
`SUMMONS IN A CIVIL ACTION
`
`To: (Defindant '3 11mm? andaddress) Daniel Lacheen
`PO BOX 14215
`Miami, FL 33101
`
`A lawsuit has been filed against you.
`
`Withi@days after service ofthis summons on you (not counting the day you received it) — or 60 days ifyou
`
`are the United S ates or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
`P. 12 (20(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
`the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff‘s attorney,
`whose name and address are:
`J. Owen Murrin, 7045 Los Santos Dc, Long Beach, CA 90815
`
`If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
`You also must file your answer or motion with the court.
`
`Date:
`
`CLERK OF COURT
`
`A;
`
`‘
`
`RV SignatzrnéichlaFlt’or Deputy Clerk
`
`

`

`A0 4&3. (Rev. 06/12) Summons in a Civil Action (Page 2)
`
`Civil Action No.
`
`PROOF OF SERVICE
`
`(This section should no! baffled with the court unless required by Fed. R. Civ. P. 4 (1))
`
`This summons for (home ofi'ndi‘viduol and rifle, {Tony}
`
`
`
`was received by me on (date)
`
`III I personally served the summons on the individual at (place)
` on (date) ; 01'
`
`
`
`Cl
`
`1 left the summons at the individual’s residence or usual place of abode with (name)
`
`, a person of suitable age and discretion who resides there,
`
`on (date)
`
`, and mailed a copy to the individual’s last known address; or
`
`Cl
`
`l served the summons on (name of individual)
`
`designated by law to accept service of process on behalf of {name oforganization)
`
`on (date)
`
`; or
`
`I3 I returned the summons unexecuted because
`
`D Other (specyjz):
`
`, who is
`
`; or
`
`My fees are $
`
`for travel and S
`
`for services, for a total of $
`
`000
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Server ’5' signature
`
`
`
`Primed name and title
`
`
`
`Server '5 address
`
`Additional information regarding attempted service, etc:
`
`

`

`NAME. ADDRESS il' TELEPHONE NUMBER OF ATTORNEYS) FOIL OIL PLAINTIFF OR
`
`Edge
`
`Wm/rmiuwni€fi
`
`
`ATTORNEYS FOR:
`£53520
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`CASE NUMBER:
`
`
`
`.12“ Net QMN dNiC‘CL‘Cffl/Uf
`Plaintifl‘ts). L_c(cli\e€/d‘J
`
`
`
`CERTIFICATION AND NOTICE
`OF INTERESTED PARTIES
`Defendant(s)
`(Local Rule 7.14)
`
`TO:
`
`THE COURT AND ALL PARTIES APPEARING OF RECORD:
`
`The undersigned, counsel of record for PI fit f A3 11L a FF!
`(or party appearing in pro per), certifies that the following listed party (or parties) may have a direct, pecuniary
`interest in the outcome of this case. These representations are made to enabie the Court to evaluate possible
`disqualification or recusal. (Use additional sheet if necessary.)
`
`
`
`PARTY
`
`CONNECTION
`
`(List the names of all such parties and identify their connection and interest.)
`
`NONE'
`
`
`
`Date
`
`Sign
`
`Attorney of record for or party appearing in pro per
`
`
`
`CV-30 (04110)
`
`NOTICE OF INTERESTED PARTIES
`
`

`

`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
`NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
`
`This case has been assigned to District Judge John F. Walter and the assigned discovery
`Magistrate Judge is David T. Bristow.
`
`The case number on all documents filed with the Court should read as follows:
`
`EDCV12- 1636 JFW (DTBx)
`
`Pursuant to General Order 05-07 of the United States District Court for the Central
`District of California, the Magistrate Judge has been designated to hear discovery related
`motions.
`
`All discovery related motions should be noticed on the calendar of the Magistrate Judge
`
`
`
`NOTICE TO COUNSEL
`
`A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is
`filed, a copy of this notice must be served on all plaintifis).
`
`Subsequent documents must be filed at the following location:
`i
`.
`
` Western Division
`
`312 N. Spring St, Rm. 6-8
`Los Angeles, CA 90012
`
`L] Southern Division
`411 West Fourth St., Rm. 1-053
`Santa Ana, CA 92701-4516
`
`Eastern Division
`3470 Twelfth St, Rm. 134
`Riverside, CA 92501
`
`Failure to file at the proper location will result in your documents being returned to you.
`
`
`
`
`
`CV—18 (03/06)
`
`NOTlCE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
`
`

`

`UNITED STATIbs. JISTRICT COURT, CENTRAL DISTRICT‘L- CALIFORNIA
`CIVIL COVER SHEET
`
`I (a) PLAINTIFFS (Check box it'you are representing yourselt‘ill)
`Tellnet Communications, Inc. a Florida corporation and
`M & S Telecommunications Company ofAnierica, a Florida corporation
`
`.
`
`.
`
`.
`
`DEFENDANTS
`Daniel Lacheen
`
`(b) Attorneys (Firm Name, Address and Telephone Number. If you are representing
`yourselfl provide same)
`
`Attorneys (if Known)
`
`J. Owen Murrin (75329), 7045 Los Santos Dr., Long Beach, CA 90815
`562-342-30t1
`
`Ii. BASIS OF JURISDICTION (Place an X in one box only.)
`
`D l U.S. Government Plaintiff
`
`HTS Federal Question (U.S.
`Government Not a Party)
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES - For Diversity Cases Only
`(Place an X in one box For plaintifr‘and one for defendant.)
`P’I‘F DEF
`[3 1
`El 1
`
`Citizen of This State
`
`Incorporated or Principal Place
`of Business in this State
`
`PTF DEF
`El 4 D 4
`
`13 2 US. Government Defendant
`
`l3 4 Diversity (indicate Citizenship Citizen ofAnother State
`ofParties in Item Ill)
`
`1:] 2
`
`Cl 2
`
`Incorporated and Principal PlttCe El 5
`of Business in Another State
`
`III S
`
`Citizen or Subject ofa Foreign Country i] 3 D 3
`
`Foreign Nation
`
`El 6
`
`{:1 6
`
`'
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`IV. ORIGIN (Place anX in one box only.)
`U7 Appeal to District
`1:15 Transferred from anothcrdistrict (specify): C16 Multi-
`11!] Original
`1212 Removed from 1:1 3 Remanded from 1:14 Reinstated or
`DP
`9
`Judge from
`District
`Proceeding
`State Court
`A ellate Court
`Reo ened
`Litigation Magistrate Judge
`
`
`
`V. REQUESTED IN COMPLAINT:
`JURY DEMAND:
`Yes
`El No (Check ‘Yes‘ only ifdemanded in complaint.)
`
`CLASS ACTION under F.R.C.P. 23:
`1:1 Yes
`[{No
`C(MONEY DEMANDED IN COMPLAINT: S according to 1311305
`"
`.
`.
`_"'_
`.
`" .
`.
`"'
`.
`.
`"_.
`.
`.
`.
`.
`"" .
`VI. CAUSE OF ACTION (Cite the US. Civil Statute under which you are filing and write a briefstaternent of cause. Do not eiteJurisdictional statutes unless diverstty.)
`28 USC §1331 and {5133801) and (in); involving trademark infringement with licensee ofCalit‘oi-nia
`VII. NATURE OF SUIT (Place on X in one has only.)
`
`
`
`fem
`iwtstmmiwwo _
`
`42:31:
`
`El 710 Fair Labor Standards
`
`13400 State Reapportionment
`E2] 110 insurance
`(“SQ
`
`Act
`Cl 410 Antitrust
`D 120 Marine
`CI 310 Airplane
`D 510 Motions :0
`
`El 430 Banks and Banking
`[:1 130 Miller Act
`D 3‘5 Airplane PTOdUCl
`1:] 720 Labori'Mgmt.
`Vacate Sentence
`
`El 450 Commerce/ICC
`1:1 140 Negotiable Instrument
`Liability
`Relations
`Habens Corpus
`
`m 3’20 ASSWH- Lil-"3] ‘9‘
`Ratest’etc.
`El [50 Recovery of
`1:] 730 Labor/Mgmt.
`1:] 530 General
`1:1 460 Deportation
`Overpayment &
`51mm“
`,
`Reporting &
`Death Penalty
`1:] 470 Racketeer Influenced
`Enforcement of
`D 33‘0 FFd' ‘Empmym
`Disclosure Act
`Mandamus.“
`and Corrupt
`Judgment
`9'49"”?
`1:1 740 Railway Labor Act
`Other
`Organizations
`1:1 151 Medicare Act
`Product
`1:1 790 Other Labor
`3ng
`‘
`:1 550 Civil Rights
`
`
`Liam“
`El 480 Consumer Credit
`13 15?. Recovery ot‘Defaulted
`Litigation
`El 422 Appeal 28 USC El 555 firisori Condition
`
`
`
`D 490 Cable/Sat TV
`Student Loan (Excl.
`D 350 Mum gamble
`158
`'
`CI 791 Empt. Ret. Inc.
`
`1:] 423 Withdrawal 28
`El 810 Selective Service
`Veterans)
`D 355 Motor Vehicle
`Security Act
`
`
`USC 157
`[216:0 Agriculture
`Cl 850 Securitiesi‘Commodities/ [1153 Recovery of
`Pmduuuflhimy
`M
`
`
`Other Food is
`Copyrights
`Exchange
`Overpayment of
`D 360 other Personal
`
`
`D 875 Customer Challenge 12
`Veteran‘s Benefits
`injury
`Drag
`El“?
`Patent
`840 Trademark
`Cl 625 Drug Related
`USC 3410
`El [60 Stockholders‘ Suits
`13 352 Personal injury
`i] 890 Other Statutory Actions El 190 Other Contract
`Mod Malpraclicu
`Seizure of
`
`III 891 Agricultural Act
`1:] 195 Contract Product
`1:} 355 pursumi Injury-
`Property 21 USC El 851 l-lIA (i395if)
`El 862 Black Lung (923)
`D 892 Economic Stabilization
`Liability
`pruduriLi‘ubility
`Sgt
`
`El 863 DlWC/DIWW
`ACL
`anChiSE
`El 368 Asbestos Personal
`El 630 Liquor Laws
`El 893 Environmental Matters
`W: w
`Cl 640 RR. do Truck
`(405(g))
`E1 5194 Energy Allocation Act
`Land Condemnation
`13 6513 Airline Regs
`- D 864 SSID Title XVI
`El 895 Freedom ofinfo. Act
`U220 Foreclosure
`Occupational
`R51 (5105
`))
`Disabilities —
`Safety {Health
`1 ‘
`_
`13 900 Appeai ofFee Detenni- El 230 Rent Lease & Ejectment
`
`
`Oilior
`Applicatiun
`1:1 590 Other
`1:1 870 Taxes (us. Piototitr
`nation Under Equal
`1:1 240 Torts to Land
`1:1 440 Other Civil
`“El-teas Curpus-
`D 4'63
`or Defendant)
`Access to Justice
`:1 245 Tort Product Liability
`
`Rights
`All“ Dames
`1:1 871
`IRS—Third Party 26
`1:1 950 Constitutionality or
`1:: 290 All Other Real Property
` State Statutes
`E1 465 Other Immigration
`use 7509
`
`
`
`
`
`
`El 370 Other Fraud
`1:1 371 Truth in Lending
`D 380 Other Personal
`
`
`
`
`
`
`
`1:] 442 Employment
`D 443 l~lousinglAcco-
`mmodatl'ons
`C1 444 Welfare
`El 445 American with
`Disabilities —
`Employment
`
`
`
`
`
`
`
`_
`
`3
`
`:itiié
`
`
`
`FOR OFFICE USE ONLY:
`Case Number:
`..
`.
`
`o
`L
`f
`AFTER COMPLETING THE FRONT SIDE OF FORM CV—‘Il, COMPLETE THE INFORMATION REQUESTED BELOW.
`
`mm.
`CV-TI (05/08)
`CIVIL COVER SHEET
`Page I oil
`
`

`

`UNITED STATL- JISTRICT COURT, CENTRAL DISTRICT: . CALIFORNIA
`CIVIL COVER SHEET
`
`El Yes
`Vlllta). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? lill’No
`ll‘yes, list case numbcr(s):
`
`
`
`. . .. . . . .. .. . .... .W
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`El Yes
`Vllllh). RELATED CASES: HaVe any cases been previously filed in this court that are reiated to the present case? [Ellie
`li‘yes, list case number(s):m—mmwmm
`
`Civil cases are deemed related ifa previously filed case and tile present case:
`(Check all boxas that apply)
`El A. Arise from the same or closely related transactions, happenings, or events; or
`III B. Call for determination ofthe same or substantially related or similar questions oi'law and fact; or
`Cl C. For other reasons would entail substantial duplication oflabor ifheard by dit't‘erentjudges; or
`Cl D. Involve the same patent, trademark or copyright, m one of the factors identified above in a, b or c also is present,
`
`IX. VENUE: (When completing the following information, use an additional sheet if necessary.)
`
`(a) List the County in this District; California County outside ol‘this District; State if other than California; or Foreign Country, in which EACH named plaintil'l'resides.
`El Check here it'the ovemment, its aencies or em to ees is a named laintii‘i‘. ifthis box is checked, 0 to item (b).
`
`Los Angeles County
`
`
`
`County in this District"
`
`California County outside ofthis District; State, ifother than Califomia; or Foreign Country
`
`(b) List the County in this District; California County outside ofthis District; State ifother than California; or Foreign Country, in which EACH named defendant resides.
`Cl
`Check here if the ovemment, its a encies or cm In ees is a named defendant. lfthis box is checked, 0 to item (c).
`
`County in this District"
`
`California County outside ol'this District; State, ifother than California; or Foreign Country
`
`Florldtl
`
`to) List the County in this District; Califomia County outside ofthis District; State it‘other than California; or Foreign Country, in which EACH claim arose.
`
`Note: In land condemnation eases. use the location of the tract oflund involved.
`
`County in this District‘
`Los Angcles, San Bernadino, Riverside, Venture, Santa Barbara, san Luis
`Obispo
`
`California County outside ot‘this District; State, if other than California; or Foreign Country
`L05 Angeles CDUHW, California
`All California counties and all counties nationwide
`
`
`
`
`* Los Angelcs, Orange, San Bernordino, Riverside, Venture, Santa Barbara, or San Luis Obispo Counties
`Note: In land condemnation cases. use the iocation of the true
`land involved
`
`
`
`X. SIGNATURE OF ATTORNEY (OR PRO PER):
`
`Date
`
`(71/26’
`
`Notice to Contract/Parties: The CV-‘i'l (ls-44) Civil over Sheet and the information contained herein neither replace nor supplement the filing and service ofplcadings
`or other papers as required by law. This form, approved by the Judicial Conference ol'the United States in September 1974, is required pursuant to Local Rule 3-] is not filed'
`but is uscd by the Clerk ofthe Court for the purpose ofstatistics, venue and initiating the civil docket sheet. (For more detailed instructions, see separate instructions sheet.)
`
`Key to Statistical codes relating to Social Security Cases:
`
`Nature of Suit Code
`
`Abbreviation
`
`Substantive Statement of Cause ot'Aetion
`
`861
`
`862
`
`863
`
`863
`
`864
`
`865
`
`HIA
`
`EL
`
`DIWC
`
`DIWW
`
`SSID
`
`RS]
`
`All claims for health insurance benefits (Medicare) under Title 18, Part A, ofthe Social Security Act, as amended.
`Also, include claims by hospitals, skilled nursing facilities, etc., for certification as providers ofservices under the
`program. (42 U.S.C. I935FF(b))
`
`All claims for”Black Lung" benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1959.
`(30 U.S.C. 923)
`
`All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as
`amended; plus all claims filed for child’s insurance benefits based on disability. (42 U.S.C. 405(g))
`
`All claims filed for widows or widowers insurance benefits based on disability under Title 2 oftlte Social Security
`Act, as amended.
`(42 U.S.C, 405(g))
`
`All claims for supplemental security income payments based upon disability tiled under Title to ol'tlie Social Security
`Act, as amended
`
`All claims for retirement (old age) and survivors benefits under Title 2 ol‘the Social Security Act, as amended.
`U.S.C. (g))
`
`(42
`
`——~mm——uu—m_w___mm_,m__fl__m—_w____mm_
`CV-Tl (05/08)
`CIVIL COVER SHEET
`Page 2 of2
`
`

`

`UNITED STATES DISTRICT COURT
`
`CENTRAgpISTRicT 0F campmomgm
`CASE NUMBER
`
`3,.
`
`._
`
`CLERK.
`
`USLT...
`
`EELLNET COMMUNICATIONS INC, ET
`PLAINTIFF-IS) Wm
`
`V.
`
`EDCV12_ 1636 JFW (DTBX)
`m
`m
`WM
`_
`
`
`DANIEL LACHEEN
`
`DE,:ENDAN-I«(S)
`
`COURT—DIRECTED ADR PROGRAM
`
`NOTICE TO PARTIES OF
`
`NOTICE TO PARTIES:
`
`It is the policy of this Court to encourage settlement of civil litigation when such is in the best interest of the
`parties. The Court favors any reasonable means, including alternative dispute resolution (ADR), to accomplish
`this goal. See Civil L.R. 16-15. Unless exempted by the trial judge, parties in all civil cases must participate in
`an ADR process before trial. See Civil LR. 16-15.1.
`
`The districtjudge to whom the above-referenced case has been assigned is participating in an ADR Program
`that presumptively directs this case to either the Court Mediation Panel or to private mediation. See General
`Order No. 11-10, §5. For more information about the Mediation Panel, visit the Court website,
`www.cacd.uscourts.gov, under "ADR."
`
`Pursuant to Civil L.R. 26-l(c), counsel are directed to furnish and discuss with their clients the attached ADR
`Notice To Parties before the conference of the parties mandated by Fed.R.Civ.P. 26(f). Based upon the
`consultation with their clients and discussion with opposing counsel, counsel must indicate the following in
`their Joint 26(f) Report: 1) whether the case is best suited for mediation with a neutral from the Court
`Mediation Panel or private mediation; and 2) when the mediation should occur. See Civil LR. 26-1 (c).
`
`At the initial scheduling conference, counsel should be fully prepared to discuss their preference for refen-al to
`the Court Mediation Panel or to private mediation and when the mediation should occur. The Court will enter
`an Order/Referral to ADR at or around the time of the scheduling conference.
`
`Dated: Wednesday, September 26, 2012
`
`
`A mama in—mm
`
`vn-mnw mm n . n’nrr'n p..— HA. "c... .-..
`
`Clerk, US. District Court
`
`By: MDAVIS
`
`Deputy Clerk
`
`

`

`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
`NOTICE TO PARTIES: COURT POLICY ON SETTLEMENT
`AND USE OF ALTERNATIVE DISPUTE RESOLUTION (ADR)
`Counsel are required to furnish and discuss this Notice with their clients.
`
`Despite the efforts of the courts to achieve a fair, timely andjust outcome in all cases, litigation has become
`an often lengthy and expensive process. For this reason, it is this Court‘s policy to encourage parties to
`attempt to settle their disputes, whenever possible, through alternative dispute resolution (ADR).
`
`ADR can reduce both the time it takes to resolve a case and the costs of litigation, which can be substantial.
`ADR options include mediation, arbitration (binding or non-binding), neutral evaluation (NE), conciliation,
`mini-trial and fact-finding. ADR can be either Court-directed or privately conducted.
`
`The Court's ADR Program offers mediation through a panel of qualified and impartial attorneys who will
`encourage the fair, speedy and economic resolution of civil actions. Panel Mediators each have at least ten
`years legal experience and are appointed by the Court. They volunteer their preparation time and the first
`three hours of a mediationsession. This is a cost-effective way for parties to explore potential avenues of
`resolution.
`
`This Court requires that counsel discuss with their clients the ADR options available and instructs them to
`come prepared to discuss the parties' choice of ADR option (settlement conference before a magistrate
`judge; Court Mediation Panel; private mediation) at the initial scheduling conference. Counsel are also
`required to indicate the client's choice of ADR option in advance of that conference. See Civil LR. 26~l (c)
`and Fed.R.CiV.P. 26(t).
`
`Clients and their counsel should carefully consider the anticipated expense of litigation, the uncertainties as
`to outcome, the time it will take to get to trial, the time an appeal will take if a decision is appealed, the
`burdens on a client's time, and the costs and expenses of litigation in relation to the amotmts or stakes
`involved.
`
`Of the more than 9,000 civil cases filed in the District annually, less than 2 percent actually go to trial. The
`remaining cases are, for the most part: settled between the parties; voluntarily dismissed; resolved through
`Court-directed or other forms of ADR; or dismissed by the Court as lacking in merit or for other reasons
`provided by law.
`
`For more information about the Court's ADR Program, the Mediation Panel, and the profiles of mediators,
`visit the Court website, www.cacd.uscourts.gov, under "ADR."
`
`
`
` nannn Jn'Tll'H l!r‘rrrr1l"’-I|r\ n.n-mnn Art Hr..."
`
`

`

`
`
`FELEQ
`
`zmzser 213 Pt 2: t3
`"' COURT
`
`' ii iii:
`
`UNITED STATES DISTRICT COURT BY
`CENTRAL DISTRICT OF CALIFORNIA
`
`
`TELLNET COMMUNICATIONS INC, et al
`
`CASE NUMBER:
`
`
`
`
`
`
`DANIEL LACHEEN
`
`PLAINTIFWS),
`
`5:12-CV-1636-JFW (DTBx)
`
`NOTICE TO COUNSEL RE: COPYRIGHT,
`PATENT, AND TRADEMARK
`REPORTING REQUIREMENTS
`
`
`
`DEFENDAN'1‘(S).
`
`TO:
`
`COUNSEL OF RECORD and PRO SE LITIGANTS:
`
`Pursuant to Local Rule 3-1 ofthis court, in all cases wherejurisdiction is invoked in whole or in part under
`28 U. S. C. Section 1338 (regarding patents, plant variety protection, copyrights and trademarks), counsel shall, at
`the time of filing of the complaint, provide the Clerk with an original and two (2) copies of the required notice (A0
`120) to the Patent and Trademark Office in patent, plant variety protection and trademark matters and f or an original
`and two (2) copies of the required notice (A0 121) in copyright matters. The required forms of notice to the Patent
`and Trademark and Copyright Offices are enclosed for your convenience.
`
`M
`
`1:1
`
`Counsel: Please complete the enclosed form and electronically file within ten (10) days.
`
`Pro Se Litigants: Please complete the enclosed form(s_) and return to: Clerk, U. S. District Court,
`ATTN: Civil New Actions, at the following address within ten (10) days:
`
`III 312 N. Spring Street
`Main Floor, Room (3-8
`Los Angeles, CA 90012
`Phone: (213)894-2215
`
`III 41 i West Fourth St.
`Suite 1053
`Santa Ana, CA 92701-4516
`Phone: (714)338-4750
`
`[:1 3470 Twelfth Street
`Room 134
`Riverside, CA 92501
`Phone: (951)323—4450
`
`CLERK, U. S. DISTRICT COURT
`
`Dated: September 262 2012
`
`By; MDAVIS
`
`Deputy Clerk
`
`Note: Please refer to the court's Internet website at www.cncd.scourts.gov for locai rules and applicable forms.
`
`(IV-3! (02/10)
`
`NOTICE TO COUNSEL RE: COI‘YRIGl-IT, PATENT. AND TRADEMARK REPORTING REQUIREMENTS
`
`

`

`A0 llU {Reva 08/10)
`
`I TO:
`
`'
`'
`'
`'
`' "Mail Stop 8
`Director of the U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1459
`
`TRADEMARK
`
`REPORT ON THE
`'
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. fi ll 16 you are hereby advised that a court action has been
`
`filed in the U.S. District Court
`[I Trademarks or
`Cl Patents. w ( [:l the patcdgtdion involves 35 U.S.C. § 292.):
`
`DOCKET NO.
`
`DATE FILED
`
`U.S. DISTRICT COURT
`
`on the following
`
`PLAINTIFF
`
`DATE INCLUDED
`
`INCLUDED BY
`
`PATENT OR
`TRADEMARK N0.
`
`E] Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`E] Answer
`
`[3 Cross Bill
`-
`I
`.. :
`
`C] Other Pleading
`J
`-
`
`In the above—“entitled case, the Following decision has been rendered orjudgement issued:
`DECISION/iUDGEMENT
`
`DEFENDAN'I‘
`HOLDER Oi 1A ILNT OR TRADEMARK
`(BY) DEPUTY CLERK
`
`CLERK
`
`Copy l—Upon initiation oi'uctinn, mail this copy to Director Copy 3——lfpon termination ofuction. mail this copy to Director
`Copy Z—Upon filing document adding patcntfii), mail this copy to Director Copy 4—Casc file copy
`
`

`

`
`
`Tellnet Communications Inc., a
`Florida Corporation
`7611 Ehrlich Road
`
`Tampa, FL 36625,
`M&S Telecommunications Company
`Of America, a Florida Corporation,
`John O. Muffin, an individual,
`
`10
`
`11
`
`13
`
`14
`
`15
`
`..g 12
`Plaintiffs,
`J
`
`16
`
`_VS..
`
`COMPLAINT '
`
`(Jury Requested)
`
`Daniel Lacheen
`
`1 7 PO Box 1 4216
`18 Miami, FL 33101,
`1 9
`
`Defendant.
`
`____________________________________________________
`
`NATURE OF THE CASE
`
`24 Plaintiffs allege:
`25
`
`20
`
`21
`
`22
`
`23
`
`26
`
`2?
`28
`
`1. Defendant is using phone numbers and emails that mimic Plaintiffs'
`
`program and is deceptively similar to that of Plaintiffs.
`
`Complaint
`
`- 1 -
`
`J. Owen Mun-in, (75329)
`Mum'n Law Firm
`
`2682 270th St.
`
`Madison, MN 56256
`(562) 342-3011
`Fax: 562-683-2119
`
`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
`..
`.
`mm
`CLERK. u 5. 015mm COW 33'
`“5-K:-
`
`
`
`
`
`
`
`
`
`[[
`
`

`

`2. Plaintiffs' program is based upon reliance of its right to use common
`
`law and US. registered trademarks with which Defendant and his program
`
`interfere.
`
`3. Plaintiffs have given Defendant notice on many occasions of the
`
`prospective interference and an opportunity to enter into an amicable resolution, to
`
`no avail.
`
`4. Plaintiffs seek the relief ailovvecl by Federal Trademark law and
`
`related concepts which this Court has jurisdiction to enjoin Defendant from using
`
`marks that are confusingly similar to those of Plaintiffs and also seek infringement
`
`remedies allowable by law, including damages and orders compelling the transfer
`
`of the mediums (the telephone numbers and domain names) Defendant is using to
`
`advance his confusingly similar program with practically identical marks as the
`
`Plaintiffs.
`
`JURISDICTION AND VENUE
`
`5.
`
`This Complaint is based upon various provisions of the Lanham Act
`
`including §§l, 2, 32 and 43; 15 U.S.C. §l 1 14(1), Trademark Infiingement; 15
`
`U.S.C. §1125, False Designation of Origin and False Representations and Unfair
`
`Competition; violations of the Deceptive Trade Practices under Florida and
`
`California law and Unfair Competition under Florida and California law.
`
`10
`
`11
`
`12
`
`3.3
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`2E}
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`2’7
`
`28
`
`Complaint
`
`.
`
`

`

`6.
`
`I
`
`.This court has subject matterjurisdiction over this action pursuant to
`
`28 U.S.C. §1331 and §I338(a) and (b). The Court has supplementaljurisdiction
`
`over the state law claims under 28 U.S.C. §1367. The Court has personal
`
`jurisdiction over the Defendant because he is advertising in the district, has intemet
`
`and phone connections in the district and also because acts of infringement are
`
`occurring in this district.
`
`7.
`
`Venue is proper in this district pursuant to 28 U.S.C. §1391(b) and
`
`because a substantial portion of the events or omissions giving rise to the claims
`
`occurred in the Central District of California as this is one of the largest population
`
`bases in the US. so more persons are affected in this district than anywhere else.
`
`8.
`
`Causes of action are occurring within this district including interfering
`
`or infringement with PlaintiffsI ability to do business in the district.
`
`9.
`
`Damage to Plaintiffs is taking place in the Southern District of
`
`1'3
`
`11
`
`12
`13
`
`14
`
`15
`
`16
`17
`
`18
`
`19 California and other areas in the United States.
`20
`
`
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`27
`
`28
`
`PARTIES
`
`10.
`
`Tellnet Communications, Inc. is and has at all times herein been a
`
`.
`.
`.
`.
`.
`.
`.
`.
`.
`Florlda corporation. Its pr1n01ple place of busmess lS 1n Tampa, Florlda. It IS the
`
`exclusive operating agent for M & S Telecommunications.
`
`11. M & S Telecommunications is a Florida corporation with its principle
`
`place of business in Stewart, Florida.
`
`Complaint
`
`

`

`12. M
`
`Telecommunications works in conjunction with Tellnet
`
`Communications, Inc. to market accident services throughout the United States. M
`
`& S contracts with provider attorneys in different regions and licenses the use of its
`
`marks to various providers. In this district, the providers include law offices of
`
`Burg and Stock and John O. Murrin of the Murrin Law Firm. A copy of Murrin's
`
`license to use the mark granted him by M & S is attached as Exhibit L.
`
`13.
`
`John O. Murrin is a provider attorney of M & S (Accident Attorney's
`
`Association) who operates a law office and advertises in the District. By reason of
`
`§13 of the Service Agreement with M & S (Exhibit L), he has the right to join in
`
`any infringement action. Therefore, pursuant to this provision and his own interest
`
`to have use of the marks contracted for free of interference or confirsion, he joins
`
`in this matter in all respects and prays for relief and support identical to M & S and
`
`Tellnet’s causes of action and for all other damages allowed by law.
`
`14.
`
`Exhibit J is attached from an ad campaign in the district involving
`
`$80,000 of advertising on buses and bus benches.
`
`15.
`
`Exhibit K is a newspaper ad in the Press Telegram in Long Beach,
`
`California dealing with the current use by the Murrin Law F irrn.
`
`16. Daniel Lacheen is believed to be a resident of the City of Miami,
`
`County of Dade, State of Florida.
`
`Complaint
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`15
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`

`

`GENERAL ALLEGATIONS
`
`17.
`
`Tellnet Communications, Inc. hereinafter “Teilnet” is a corporation
`
`and exclusive marketing agent and operations manager for M & S
`
`Telecommunications Company of America, Inc.
`
`18. M & S Telecommunications Company of America, Inc, hereinafter
`
`“M&S. ” M358 is the present owner by first use or by assignment of some of the
`
`following marks or in chain of title in concert with and with the consent of any
`
`predecessor:
`
`(1)
`
`1-800—A~C-C-1—D-E-N—T and l—800~ACCIDENTE (common law
`
`trademark ( in continuous use since at least May 2, 1985. See
`
`original brochure from the 1980's attached as Exhibit A) and the
`
`original newspaper ad from 1985 (Exhibit F). Where the term
`
`"trademark" is used instead of and in lieu of the term "service mark"
`
`for purposes of this Complaint as there appears there is no difference.
`
`(2)
`
`DIAL A-C-C-I-DnE—N~T® (by assignments from registered owner on
`
`or about November 20, 2006, Exhibit D) . See registration from the
`
`US. Patent and Trademark office dated May 2, 1985, Exhibit B and
`
`newspaper ad of first use, Exhibit F.
`
`(3)
`
`AAA, Accident Attorney Association® (by assignments from
`
`registered owner on or about November 20, 2006 Exhibit D.) See
`
`registration from the US. Patent and Trademark office dated
`
`December 3, 1985, Exhibit C. and uses from 1985, in Exhibits A and
`
`F.
`
`Complaint
`
`10
`
`ll
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`2'7
`
`28
`
`

`

`(4)
`
`ISOO-ACCIDENTEOMn a domain name. See this site on the
`
`worldwide web.
`
`(5)
`
`1800—Accident.com— a domain name See this site on the worldwide
`
`web.
`
`(6)
`
`BOG-Accident Services since August 15, 1983. Exhibit 1-1. M & S is
`
`the successor interest by implied right and by confusion and also by
`
`implication from Exhibit D.
`
`These marks are hereinafter referred to as M&S trademarks. M&S's marks
`
`are necessary for the continued proper and profitable operation of its business. The
`
`above trademarks have predated any use by Defendant, Daniel Lacheen or its
`
`associates. M&S use of the above marks all prendates Mr. Lacheen' 5 use. M & S's
`
`federal registered marks were on file and gave notice to Mr. Lacheen of Plaintiffs
`
`or its predecessor's use well in advance of his use, so he had notice of them when
`
`he commenced using them.
`
`19. Daniel Lacheen is the individual and registered holder of “L800-
`
`acidente.com," (with one
`
`CL
`
`5’
`c , not “cc”) registration #3 303 853, Exhibit E, having
`
`been granted that service or trademark (hereinafter ‘firademark’fi on the principal
`
`registrar of the United States Patent and Trademark Office on October 2, 2007.
`
`This mark is used in conjunction with the wrongful trademark use of an 800
`
`telephone number that infringes on Plaintiffs‘ trademarks and similarly marketed
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`1'."
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`2-9
`
`25
`
`26
`
`27
`
`28
`
`Complaint
`
`

`

`phone number. The use of Mr. Lacheen's marks creates confusion with M8: S's
`
`trademarks, phone numbers, and domain names.
`
`20.
`
`One of Mr. Lacheen‘s marks is a web site known as lSOOacidentecom
`
`(which has no clashes with the mark). He has been using lSOOacidente.com which
`
`is different than the mark he had registered as a trademark, namely 1~800—
`
`ACIDENTEcom (with two dashes). Both of these marks are confusingly similar
`
`to Plaintiffs' marks above described.
`
`21.
`
`Because of the above, it is alleged that Mr.Lacheen has abandoned the
`
`l-800-ACHDENTE.eom trademark. Abandonment is reason to cancel the mark on
`
`the official trademark register. In addition, Mr. Lacheen also possesses a phone
`
`
`
`number l-800~ 224—3368 which he uses, advertises, or publically communicates as
`
`an alpha numerical phone number, namely 1-800- ACIDENTE (containing one "c"
`
`whereas M & S’ mark and telephone is the same except M&S's one contains two:
`
`"cc". M & S claims a common law trademark in 1-800-ACCIDENT and 1-800-
`
`ACCIDENTE since approximateiy1985. It is believed Lacheen’s actions in
`
`pursuing a trademark that contains the one "c" version of M & S's trademark,
`
`is an
`
`attempt to give him some authority, through trademark registration, to allow him to
`
`use that 800 phone number in its alpha numeric sense (1 ~800— ACIDENTE). This
`
`is an improper use of trademark law and registration. This use confuses customers
`
`of M&S and the public and therefore interferes with Plaintiffs trademarks and
`
`Complaint
`
`-7-
`
`10
`
`ll
`
`12
`
`13
`
`la
`
`15
`
`16
`
`3.7
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`

`

`business and dilutes its message and the overall effectiVeness of its programs. This
`
`activity is not supposed to be allowed under the Lanham Act and other federal
`
`laws. This should not be allowed as M&S or its predecessors have first use and
`
`continuous use in the above—stated marks. As such, M&S‘s marks are senior and
`
`preempt Defendant's marks. Defendants marks are similar and confusing
`
`compared to Plaintiffs' m