`EASTERN DISTRICT OF TENNESSEE
`CHATTANOOGA DIVISION
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`REFINE | Facial Plastic Surgery & Aesthetics,
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`PLLC,
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`a Tennessee PLLC,
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`) Civil Action No. ________________
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`Refined Looks at the Plastic Surgery Group, PLLC )
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`a Tennessee PLLC,
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`Defendants.
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`Plaintiff,
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`v.
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`COMPLAINT
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`Plaintiff, REFINE | Facial Plastic Surgery & Aesthetics, PLLC (“Plaintiff”), in support of
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`its claims against Defendant, Refined Looks at the Plastic Surgery Group, PLLC (“Defendant”),
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`alleges the following:
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`PARTIES
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`1.
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`Plaintiff, REFINE | Facial Plastic Surgery & Aesthetics, PLLC is a Tennessee
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`Professional Limited Liability Company located at 660 S. Mt. Juliet Rd., Ste. 120, Mt. Juliet, TN
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`37122.
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`2.
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`Plaintiff has additional office locations throughout Tennessee, including the cities
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`Brentwood, Nashville, Gallatin, Lebanon, and Hermitage.
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`3.
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` On information and belief, Defendant is a Tennessee Professional Limited
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`Liability Company that is located at, and maintains an address for service of process at, 901
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`Riverfront Parkway, Ste. 100, Chattanooga, TN 37402.
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`1
`Case 1:21-cv-00261 Document 1 Filed 10/27/21 Page 1 of 17 PageID #: 1
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`JURISDICTION AND VENUE
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`4.
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`This is an action for trademark infringement arising under 15 U.S.C. §1114 and at
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`common law, for unfair competition arising under 15 U.S.C. §1125(a) and at common law, for
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`unfair competition arising under 15 U.S.C. §1125(c), for trademark infringement of a registered
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`mark in violation of Tenn. Code Ann. §§ 47-25-501, et seq., and for unfair competition and
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`deceptive trade practices in violation of the Tennessee Consumer Protection Act arising under
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`Tenn. Code Ann. §§ 47-18-101, et seq.
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`5.
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`This Court has subject matter jurisdiction over Plaintiff’s claims for trademark
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`infringement, unfair competition, and trademark dilution pursuant to 15 U.S.C. §1121, and 28
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`U.S.C. §§ 1331, 1332, and 1338.
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`6.
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`On information and belief, Defendants have advertised, sold, and/or provided
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`goods/services within this judicial district. Accordingly, this Court has personal jurisdiction over
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`the Defendants.
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`7.
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`This Court has supplemental jurisdiction over Plaintiff’s claims arising under the
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`laws of Tennessee pursuant to 28 U.S.C. § 1367(a). On information and belief, these claims are so
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`related to Plaintiff’s claims under federal law that they form part of the same case or controversy
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`and derive from a common nucleus of operative fact.
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`8.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391.
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`STATEMENT OF FACTS
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`9.
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`Plaintiff is a Tennessee Professional Limited Liability Company doing business
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`under the name REFINE | Facial Plastic Surgery & Aesthetics, PLLC, organized on October 9,
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`2018.
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`2
`Case 1:21-cv-00261 Document 1 Filed 10/27/21 Page 2 of 17 PageID #: 2
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`10.
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`Refine Medspa, PLLC is a Tennessee Professional Limited Liability Company
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`under common ownership and control with the Plaintiff.
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`11.
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`Plaintiff owns U.S. Registration Number 6,039,900 for the trademark “REFINE |
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`Facial Plastic Surgery and Aesthetics” for use of the trademark in connection with “Cosmetic and
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`plastic surgery; Medical services, namely, Cosmetic Facial Plastic and Reconstructive Surgery”
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`(the “REFINE Trademark”).
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`12.
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`A true and correct copy of the Registration Certificate is attached hereto as
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`Exhibit A.
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`13.
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`Plaintiff provides cosmetic and plastic surgery and medical services, namely,
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`cosmetic facial plastic and reconstructive surgery under its REFINE Trademark.
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`14.
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`Plaintiff has used its REFINE Trademark in interstate commerce, and within the
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`State of Tennessee, since at least as early as October 9, 2018.
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`15.
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`Plaintiff owns Tennessee Registration Number 55458, registered on December 28,
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`2018, for the trademark “REFINE | Facial Plastic Surgery and Aesthetics” for use in connection
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`with Medical Services.
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`16.
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`A true and correct copy of the Tennessee Registration Certificate is attached hereto
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`as Exhibit B.
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`17.
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`Plaintiff advertises its services under its REFINE Trademark in print and electronic
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`media, in trade journals, newspapers, and magazines and via the Internet and Social Media,
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`including, Twitter, Facebook and Instagram, among others.
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`18.
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`Plaintiff has received unsolicited news coverage in well-known and widely-
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`distributed “lifestyle” magazines, such as “Haute Living.”
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`3
`Case 1:21-cv-00261 Document 1 Filed 10/27/21 Page 3 of 17 PageID #: 3
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`
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`19.
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`The dominant feature of Plaintiff’s Refine trademark is the first word in the
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`trademark, the word “REFINE.”
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`20.
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`Defendant Refined Looks at the Plastic Surgery Group, PLLC is a Tennessee
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`Professional Limited Liability Company, organized on October 7, 2019.
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`21.
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`On information and belief, Defendant operates a medical spa business and
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`advertises, promotes, and provides its cosmetic and plastic surgery and related medical services,
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`in Tennessee, using the names “Refine Aesthetic Studio,” “Refined Looks Spa,” and “Refined
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`Looks Plastic Surgery.”
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`22.
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`On information and belief, Defendant advertises its services under the names
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`“Refine Aesthetic Studio,” “Refined Looks Spa,” and “Refined Looks Plastic Surgery” in print
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`and electronic media, in trade journals, newspapers, and magazines and via the Internet and Social
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`Media, including, Twitter, Facebook and Instagram, among others.
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`23.
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`On information and belief, Defendant advertises its services under the names
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`“Refine Aesthetic Studio,” “Refined Looks Spa,” and “Refined Looks Plastic Surgery” on the
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`websites refineaestheticstudio.com, refinedlooks.com and refinedlooks.com/spa (“Defendant’s
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`Websites”). A true and correct copy of the “About” page from Defendant’s Websites is attached
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`hereto as Exhibit C.
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`24.
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`Plaintiff first learned of the Defendant’s use of the name “Refine Aesthetic Studio”
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`when a current patient of the Plaintiff’s medical practice asked about Plaintiff’s new location in
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`Chattanooga, Tennessee.
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`25.
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`Plaintiff currently has no offices in Chattanooga, Tennessee; however, Plaintiff
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`does have patients in Chattanooga, Tennessee.
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`4
`Case 1:21-cv-00261 Document 1 Filed 10/27/21 Page 4 of 17 PageID #: 4
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`26.
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`After learning of “Refine Aesthetic Studio,” Plaintiff investigated the existence of
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`any business in Tennessee using the name “Refine Aesthetic Studio.”
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`27.
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`In 2020, despite diligent efforts to investigate the legal status of the business,
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`Plaintiff was unable to locate any business registration or application, or any assumed name
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`registration or application, for the name “Refine Aesthetic Studio” with the Tennessee Secretary
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`of State, or with the Hamilton County Clerk, the county in which Chattanooga is located.
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`28.
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`True and correct copies of the results of these searches are attached hereto as Group
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`Exhibit D.
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`29.
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`On information and belief, the domain name refineaestheticstudio.com now re-
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`directs to the website at the domain name refinedlooks.com.
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`30.
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`On information and belief, Plaintiff and Defendant provide identical services, to the
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`same class of consumers, and the parties advertise and provide their services in the same channels
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`of trade.
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`31.
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`According to Defendant’s Websites, “Refined Looks Plastic Surgery” is located at
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`901 Riverfront Parkway, STE 100, Chattanooga, TN 37402, and “Refined Looks Plastic Surgery”
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`now has a second location at 1949 Gunbarrel Road, Suite 303 Chattanooga, TN 37421. “Refine
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`Aesthetic Studio” was previously located at the Riverfront Parkway address.
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`32.
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`On information and belief, Defendant intentionally chose the name “Refine
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`Aesthetic Studio” because the name contains both the word “REFINE” and the word
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`“AESTHETIC,” which are the two dominant words in Plaintiff’s mark, appearing as the first and
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`last words of the mark.
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`5
`Case 1:21-cv-00261 Document 1 Filed 10/27/21 Page 5 of 17 PageID #: 5
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`33.
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`On October 7, 2020, Plaintiff, through counsel, wrote to Defendant informing it of
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`Plaintiff’s superior rights in the name REFINE and the existence of the Federal and State of
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`Tennessee trademark registrations.
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`34.
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`On October 7, 2020, Plaintiff demanded that Defendant change its name to any
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`other name that does not contain the word Refine.
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`35.
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`36.
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`On November 6, 2020, Defendant, through Counsel declined to change its name.
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`Despite Plaintiff’s admonition to not use a name containing the word REFINE, on
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`January 24, 2021, Defendant registered the assumed name “Refine Aesthetic Studio” with the
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`Tennessee Secretary of State. A true and correct copy of a printout of the filing information
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`obtained from the Tennessee Secretary of State website, is attached hereto as Exhibit E.
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`37.
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`Defendant acted in bad faith when it registered the assumed name “Refine Aesthetic
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`Studio” with the Tennessee Secretary of State.
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`38.
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`Despite Plaintiff’s admonition to not use a name containing the word REFINE,
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`Defendant has expanded its use of the word “refine” to two separate brands, offering services that
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`compete with Plaintiff under both the “Refined Looks Spa” mark and “Refined Looks Plastic
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`Surgery” mark.
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`39.
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`Despite Plaintiff’s admonition to not use a name containing the word REFINE,
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`Defendant asserts it has used a version of REFINED LOOKS in commerce since April 20, 2020
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`and has now applied to register with the U.S. Patent and Trademark Office two marks
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`incorporating the words REFINED LOOKS for services pertaining to “Cosmetic skin care
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`services; Providing medical aesthetic procedures, namely, treating the skin with dermal fillers and
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`botulinum toxin; Facial treatments; Laser and light treatments; Injectable treatments; Fat reduction
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`treatments; Hair removal treatments,” identified as U.S. Serial Numbers 90817810 and 90817822.
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`6
`Case 1:21-cv-00261 Document 1 Filed 10/27/21 Page 6 of 17 PageID #: 6
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`40.
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`Despite Plaintiff’s admonition to not use a name containing the word REFINE,
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`Defendant asserts it has used a version of REFINED LOOKS in commerce since April 20, 2020
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`and has now applied to register with the U.S. Patent and Trademark Office another two marks
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`incorporating the words REFINED LOOKS for “Cosmetic skin care services; Medical services,
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`namely, cosmetic, plastic, and reconstructive surgery, and hand surgery; Providing medical
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`aesthetic procedures, namely, treating the skin with dermal fillers and botulinum toxin; Surgery;
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`Facial treatments; Laser and light treatments; Injectable treatments; Fat reduction treatments; Hair
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`removal treatments,” identified as U.S. Serial Numbers 90817838 and 90817841.
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`41.
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`Despite Plaintiff’s admonition to not use a name containing the word REFINE,
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`Defendant asserts it has used a version of REFINED LOOKS in commerce since April 20, 2020
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`and has now applied to register with the U.S. Patent and Trademark Office another mark
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`incorporating the words REFINED LOOKS for “Cosmetic skin care services; Medical services,
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`namely, cosmetic, plastic, and reconstructive surgery, and hand surgery; Providing medical
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`aesthetic procedures, namely, treating the skin with dermal fillers and botulinum toxin; Surgery,”
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`identified as U.S. Serial Number 90817847.
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`COUNT I
`(Trademark Infringement under 15 U.S.C. §1114)
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`Plaintiff owns a protectible trademark. Plaintiff owns U.S. Registration Number
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`42.
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`6039900 for the trademark “REFINE | Facial Plastic Surgery and Aesthetics” for use of the
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`trademark in connection with “Cosmetic and plastic surgery; and Medical services, namely,
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`Cosmetic Facial Plastic and Reconstructive Surgery.”
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`43.
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`44.
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`Defendant has used the trademark in commerce and without Plaintiff’s consent.
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`On information and belief Defendant adopted the name “Refine Aesthetic Studio”
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`after Plaintiff organized its PLLC, after Plaintiff adopted and used the REFINE Trademark in
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`7
`Case 1:21-cv-00261 Document 1 Filed 10/27/21 Page 7 of 17 PageID #: 7
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`
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`Tennessee, after Plaintiff registered its Tennessee trademark, and with actual knowledge of
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`Plaintiff’s rights in the REFINE Trademark.
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`45.
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`Plaintiff objected to Defendant’s use of the “Refine Aesthetic Studio” on the ground
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`that it was causing actual consumer confusion and violating Plaintiff’s rights in the REFINE
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`Trademark.
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`46.
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`Subsequently, Defendant registered the assumed name “Refine Aesthetic Studio”
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`with the Tennessee Secretary of State.
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`47.
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`Defendant is using the assumed name or marks “Refine Aesthetic Studio” and
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`“Refined Looks” without Plaintiff’s consent. Plaintiff has not given consent to Defendant to use
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`any variation of “Refine,” and Plaintiff has clearly communicated its exclusive rights in the
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`REFINE Trademark.
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`48.
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`Defendant’s “Refine Aesthetic Studio” is similar in appearance, sound, meaning,
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`and commercial impression to Plaintiff’s trademark “REFINE | Facial Plastic Surgery and
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`Aesthetics” because of the presence of the words “REFINE” and “AESTHETIC,” in Defendant’s
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`mark, which are identical to the two dominant words in Plaintiff’s REFINE Trademark.
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`49.
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`Defendant’s “Refine Looks” is similar in appearance, sound, meaning, and
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`commercial impression to Plaintiff’s trademark “REFINE | Facial Plastic Surgery and Aesthetics”
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`because of the presence of the word “REFINE” and “Refined” in each, which are the same
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`dominant words in both marks.
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`50.
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`Defendant promotes and provides its cosmetic surgery services under the names
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`“Refine Aesthetic Studio” and “Refined Looks,” which are confusingly similar to the Plaintiff’s
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`REFINE Trademark.
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`51.
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`Plaintiff’s and Defendant’s services are very similar and overlapping.
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`8
`Case 1:21-cv-00261 Document 1 Filed 10/27/21 Page 8 of 17 PageID #: 8
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`52.
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`53.
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`Plaintiff’s and Defendant’s potential customers are identical.
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`Plaintiff is aware of actual consumer confusion caused by Defendant’s use of the
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`assumed name “Refine Aesthetic Studio.”
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`54.
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`Plaintiff learned from a current patient of the Plaintiff’s medical practice that the
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`patient was confused and mistaken as to the existence of Plaintiff’s new office location in
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`Chattanooga, Tennessee.
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`55.
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`Plaintiff’s patient confused Defendant’s “Refine Aesthetic Studio” business in
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`Chattanooga, Tennessee with Plaintiff’s REFINE | Facial Plastic Surgery and Aesthetics business.
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`56.
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`Defendant’s assumed name or mark “Refine Aesthetic Studio” and “Refined
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`Looks” are highly similar in sound, meaning, and overall commercial impression to Plaintiff’s
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`REFINE | Facial Plastic Surgery and Aesthetics trademark.
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`57.
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`Defendant’s use of “Refine Aesthetic Studio” and “Refined Looks” has caused
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`actual harm to Plaintiff and will continue to cause actual harm unless the Defendant is enjoined
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`from further use of the name, or any confusingly similar variation thereof, to which Plaintiff is
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`entitled pursuant to 15 U.S.C. §1116.
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`58.
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`Defendant’s “Refined Looks Spa” and “Refined Looks Plastic Surgery” marks are
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`highly similar in sound, meaning, and overall commercial impression to and are used with the
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`same goods and services as Plaintiff’s REFINE | Facial Plastic Surgery and Aesthetics trademark.
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`59.
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`Defendant’s “Refined Looks Spa” and “Refined Looks Plastic Surgery” are likely
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`to cause confusion with Plaintiff’s REFINE | Facial Plastic Surgery and Aesthetics trademark
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`among the relevant consumers.
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`60.
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`Defendant’s use of “Refined Looks Spa” and “Refined Looks Plastic Surgery” has
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`caused actual harm to Plaintiff and will continue to cause actual harm unless the Defendant is
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`9
`Case 1:21-cv-00261 Document 1 Filed 10/27/21 Page 9 of 17 PageID #: 9
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`
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`enjoined from further use of the name, or any confusingly similar variation thereof, to which
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`Plaintiff is entitled pursuant to 15 U.S.C. §1116.
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`61.
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`Such acts by Defendant further cause harm to Plaintiff as to which Plaintiff is
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`entitled to recover actual damages, Defendant’s profits, and the costs of the action pursuant to 15
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`U.S.C. §1117 as well as the costs of any necessary corrective advertising.
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`62.
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`Defendant has willfully and intentionally adopted a mark confusingly similar to
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`Plaintiff’s REFINE mark, and Defendant’s acts of infringement constitute willful infringement.
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`63.
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`Given that Defendant’s conduct is intentional and willful, Plaintiff is entitled to an
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`accounting of profits, attorneys’ fees, and treble damages pursuant to 15 U.S.C. §1117.
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`COUNT II
`(Unfair Competition arising under 15 U.S.C. §1125(a))
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`Defendant’s use of “Refine Aesthetic Studio,” “Refined Looks Spa,” and “Refined
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`64.
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`Looks Plastic Surgery” is unfair competition in violation of 15 U.S.C. §1125(a).
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`65.
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`66.
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`Plaintiff owns U.S. Registration Number 6039900 for the REFINE Trademark.
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`Defendant’s “Refine Aesthetic Studio,” “Refined Looks Spa,” and “Refined Looks
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`Plastic Surgery” marks are confusingly similar and likely to cause confusion with Plaintiff’s
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`REFINE Trademark.
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`67.
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`Defendant’s “Refine Aesthetic Studio” is similar in appearance, sound, meaning,
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`and commercial impression to Plaintiff’s trademark “REFINE | Facial Plastic Surgery and
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`Aesthetics” because of the presence of the words “REFINE” and “AESTHETIC,” the two
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`dominant words in Plaintiff’s REFINE Trademark.
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`68.
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`Defendant’s “Refined Looks Spa” is similar in appearance, sound, meaning, and
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`commercial impression to Plaintiff’s trademark “REFINE | Facial Plastic Surgery and Aesthetics”
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`10
`Case 1:21-cv-00261 Document 1 Filed 10/27/21 Page 10 of 17 PageID #: 10
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`
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`because of the presence of the word “REFINE” – the dominant word in Plaintiff’s REFINE
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`Trademark suggesting a connection between Plaintiff’s services and Plaintiff’s mark.
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`69.
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`Defendant’s “Refined Looks Plastic Surgery” is similar in appearance, sound,
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`meaning, and commercial impression to Plaintiff’s trademark “REFINE | Facial Plastic Surgery
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`and Aesthetics” because of the presence of the word “REFINE” – the dominant word in Plaintiff’s
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`REFINE Trademark – and “PLASTIC SURGERY” – suggesting a connection between Plaintiff’s
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`services and Plaintiff’s mark.
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`70.
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`71.
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`72.
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`Plaintiff’s and Defendant’s services are identical.
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`Plaintiff’s and Defendant’s potential customers are identical.
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`Defendant’s use of “Refine Aesthetic Studio” has caused actual harm to Plaintiff
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`and will continue to cause actual harm unless the Defendant is enjoined from further use of the
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`name, or any confusingly similar variation thereof, to which Plaintiff is entitled pursuant to 15
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`U.S.C. §1116.
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`73.
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`Such acts by Defendant further cause harm to Plaintiff as to which Plaintiff is
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`entitled to recover actual damages, Defendant’s profits, and the costs of the action pursuant to 15
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`U.S.C. §1117 as well as the costs of any necessary corrective advertising.
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`74.
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`Defendant has willfully and intentionally adopted a mark confusingly similar to
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`Plaintiff’s REFINE mark, and Defendant’s acts of infringement constitute willful infringement.
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`75.
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`Given that Defendant’s conduct is intentional and willful, Plaintiff is entitled to an
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`accounting of profits, attorneys’ fees, and treble damages pursuant to 15 U.S.C. §1117.
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`11
`Case 1:21-cv-00261 Document 1 Filed 10/27/21 Page 11 of 17 PageID #: 11
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`
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`COUNT III
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`(Violation of Tennessee Trademark Act, Tenn. Code Ann. §§ 47-25-501, et seq.)
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`76.
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`Plaintiff owns a protectible trademark. Plaintiff owns Tennessee Registration
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`Number 55458, for the trademark “REFINE | Facial Plastic Surgery and Aesthetics” for use in
`
`connection with Medical Services.
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`77.
`
`78.
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`Defendant has used the trademark in commerce and without Plaintiff’s consent.
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`On information and belief Defendant adopted the names “Refine Aesthetic Studio,”
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`“Refined Looks Spa,” and “Refined Looks Plastic Surgery” after Plaintiff organized its PLLC,
`
`after Plaintiff adopted and used the REFINE Trademark in Tennessee, after Plaintiff registered its
`
`Tennessee trademark, and with actual knowledge of Plaintiff’s rights in the REFINE Trademark.
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`79.
`
`Plaintiff objected to Defendant’s use of the word “Refine” in its name and branding
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`on the ground that it was causing actual consumer confusion and violating Plaintiff’s rights in the
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`REFINE Trademark.
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`80.
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`Subsequently, Defendant registered the assumed name “Refine Aesthetic Studio”
`
`with the Tennessee Secretary of State.
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`81.
`
`82.
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`Defendant’s actions were willful and intentional, in violation of Plaintiff’s rights.
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`Defendant is using the assumed name or business name “Refine Aesthetic Studio,”
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`“Refined Looks Spa,” and “Refined Looks Plastic Surgery” without Plaintiff’s consent. Plaintiff
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`has not given consent to Defendant to use the assumed name or business name “Refine Aesthetic
`
`Studio,” “Refined Looks Spa,” and “Refined Looks Plastic Surgery” and Plaintiff has clearly
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`communicated its exclusive rights in the REFINE Trademark.
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`12
`Case 1:21-cv-00261 Document 1 Filed 10/27/21 Page 12 of 17 PageID #: 12
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`
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`83.
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`Defendant promotes and provides its cosmetic surgery services under the names
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`“Refine Aesthetic Studio,” “Refined Looks Spa,” and “Refined Looks Plastic Surgery” which are
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`confusingly similar to the Plaintiff’s REFINE Trademark.
`
`84.
`
`85.
`
`86.
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`Plaintiff’s and Defendant’s services are identical.
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`Plaintiff’s and Defendant’s potential customers are identical.
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`Defendant’s use of the assumed name “Refine Aesthetic Studio” caused actual
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`consumer confusion with Plaintiff’s registered trademarks.
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`87.
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`Plaintiff learned from a current patient of Plaintiff’s medical practice that the
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`patient was confused and mistaken as to the existence of Plaintiff’s new office location in
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`Chattanooga, Tennessee.
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`88.
`
`Plaintiff’s patient was confusing Defendant’s “Refine Aesthetic Studio” business
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`in Chattanooga, Tennessee with Plaintiff’s REFINE | Facial Plastic Surgery and Aesthetics
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`business.
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`89.
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`Defendant’s assumed names “Refine Aesthetic Studio,” “Refined Looks Spa,” and
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`“Refined Looks Plastic Surgery” are highly similar in sound, meaning, and overall commercial
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`impression to Plaintiff’s REFINE | Facial Plastic Surgery and Aesthetics trademark.
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`90.
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`Defendant’s use of “Refine Aesthetic Studio” has caused actual harm to Plaintiff in
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`the forms of likelihood of confusion and actual confusion, and will continue to cause actual harm
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`unless the Defendant is enjoined from further use of the name, or any confusingly similar variation
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`thereof.
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`91.
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`Defendant’s “Refined Looks Spa” and “Refined Looks Plastic Surgery” are also
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`confusingly similar in the same manner as “Refine Aesthetic Studio.”
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`13
`Case 1:21-cv-00261 Document 1 Filed 10/27/21 Page 13 of 17 PageID #: 13
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`
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`92.
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`Such acts by Defendant further cause harm to Plaintiff as to which Plaintiff is
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`entitled to recover actual damages, Defendant’s profits, the costs of the action, and other remedies
`
`pursuant to TCA § 47-25-514.
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`93.
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`Defendant has willfully and intentionally adopted a mark confusingly similar to
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`Plaintiff’s REFINE mark, and Defendant’s acts of infringement constitute willful infringement.
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`94.
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`Given that Defendant’s conduct is intentional and willful, Plaintiff is entitled to an
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`accounting of profits, attorneys’ fees, and treble damages pursuant to TCA § 47-25-514.
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`COUNT IV
`(Violation of Tennessee Consumer Protection Act, Tenn. Code Ann. §§ 47-18-101, et seq.)
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`Plaintiff realleges and incorporates by reference each and every allegation
`
`95.
`
`contained in the preceding paragraphs as if they were set out herein.
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`96.
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`In the course of its business, Defendant unfairly and deceptively promoted its
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`business using the REFINE Trademark.
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`97.
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`Defendant is using the assumed names or business names “Refine Aesthetic
`
`Studio,” “Refined Looks Spa,” and “Refined Looks Plastic Surgery” without Plaintiff’s consent.
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`Plaintiff has not given consent to Defendant to use the assumed name “Refine Aesthetic Studio”
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`and Plaintiff has clearly communicated its exclusive rights in the REFINE Trademark.
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`98.
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`Defendant promotes and provides its cosmetic surgery services under the name
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`“Refine Aesthetic Studio,” which is confusingly similar to the Plaintiff’s REFINE Trademark.
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`99.
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`Plaintiff’s and Defendant’s services are identical.
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`100. Plaintiff’s and Defendant’s potential customers are identical.
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`101. Defendant’s use of the assumed name “Refine Aesthetic Studio” caused actual
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`consumer confusion with Plaintiff’s registered trademarks.
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`
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`102. Plaintiff learned from a current patient of Plaintiff’s medical practice that the
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`patient was confused and mistaken as to the existence of Plaintiff’s new office location in
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`Chattanooga, Tennessee.
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`103. Plaintiff’s patient was confusing Defendant’s “Refine Aesthetic Studio” business
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`in Chattanooga, Tennessee with Plaintiff’s REFINE | Facial Plastic Surgery and Aesthetics
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`business.
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`104. Defendant’s assumed name or business name “Refine Aesthetic Studio,” “Refined
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`Looks Spa,” and “Refined Looks Plastic Surgery” is highly similar in sound, meaning, and overall
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`commercial impression to Plaintiff’s REFINE | Facial Plastic Surgery and Aesthetics trademark.
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`105. Defendant’s use of “Refine Aesthetic Studio” has caused actual harm to Plaintiff in
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`the forms of likelihood of confusion and actual confusion, and will continue to cause actual harm
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`unless the Defendant is enjoined from further use of the name, or any confusingly similar variation
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`thereof.
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`106. Such actions constitute unfair trade practices that are prohibited by Tenn. Code
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`Ann. § 47-18-104(a) of the Tennessee Consumer Protection Act.
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`107. The acts or practices described herein occurred in trade or commerce as defined in
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`Tenn. Code Ann.§ 47-18-103(20).
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`108. These acts or practices injured consumers in the State of Tennessee. Defendant’s
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`actions directly and proximately caused Plaintiff’s injuries.
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`109. Such acts by Defendant further cause harm to Plaintiff as to which Plaintiff is
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`entitled to recover actual damages, Defendant’s profits, the costs of the action, and other remedial
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`penalties, and nonremedial penalties of $5,000, pursuant to TCA § 47-18-104 and TCA § 47-18-
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`108.
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`15
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`
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff, REFINE | Facial Plastic Surgery and Aesthetics, PLLC respectfully
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`requests that this Court enter an order for:
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`i.
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`Judgment against Defendant and a determination that Defendant’s use of Plaintiff’s
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`REFINE Trademark is violating §43(a) of the Lanham Act,
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`ii.
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`Judgment against Defendant for preliminary and permanent injunctive relief
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`prohibiting Defendants’ use of the words REFINE, REFINED, or AESTHETICS in
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`any name or trademark;
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`iii.
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`Judgment against Defendant and an order to cancel or abandon the applied-for marks
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`at the USPTO: U.S. Serial Numbers 90817810, 90817822, 90817838, 90817841, and
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`90817847;
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`iv.
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`Judgment against Defendant and an award of Plaintiff’s actual damages and
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`Defendant’s profits (constituting Plaintiff’s lost profits), to be proved at trial;
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`v.
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`Judgment against Defendant, a finding of willful infringement, and an award of treble
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`damages under 15 U.S.C. §1117(b) because Defendant’s conduct was willful;
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`vi.
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`Judgment against Defendant and an award of Plaintiff’s costs and reasonable
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`Attorney’s Fees incurred in prosecuting this lawsuit;
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`vii.
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`Judgment against Defendant and an award of the costs of corrective advertising in an
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`amount equal to the amount spent by Defendant on any advertising of “Refine Aesthetic
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`Studio, “Refined Looks Spa,” and “Refined Looks Plastic Surgery;”
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`viii.
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`Judgment against Defendant and an award of damages in an amount equal to the gross
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`receipts received by Defendants for performance of medical services under the name
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`“Refined Looks Spa,” or “Refined Looks Plastic Surgery;”
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`16
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`
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`ix.
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`Prejudgment interest and costs; and
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`x.
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`Such other relief the Court deems just and appropriate.
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`JURY DEMAND
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`
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`Plaintiff, REFINE | Facial Plastic Surgery and Aesthetics, PLLC hereby demands a trial by
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`jury on all matters and issues triable by jury in this action.
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`Respectfully submitted,
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`
`
`
`/s/ Ryan D. Levy
`Ryan D. Levy (TN BPR No. 024568)
`Scott M. Douglass (TN BPR No. 031097)
`Patterson Intellectual Property Law, P.C.
`Roundabout Plaza
`1600 Division Street, Suite 500
`Nashville TN 37203
`(615) 242-2400
`rdl@iplawgroup.com
`smd@iplawgroup.com
`
`David M. Adler, Esq.
`To be admitted pro hac vice
`ILL Bar No. 6242403
`Adler Law Group
`300 Saunders Road, Suite 100
`Riverwoods, IL 60015
`Phone: (866) 734-2568
`Email: David@adler-law.com
`
`Attorneys for Plaintiff REFINE | Facial Plastic
`Surgery & Aesthetics, PLLC
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`
`
`
`
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`