Case 1:16-cv-00368-PB Document 19 Filed 10/07/16 Page 1 of 17

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

US UNCUT LLC, CARL GIBSON,
and MARK PROVOST
Plaintiffs,
Civil Action No. 1:16-cv-368
v.
JURY TRIAL DEMANDED
RYAN CLAYTON, DANIEL GOULDMAN,
MATTHEW HANSON, VERA NEXUM, LLC
and
JOHN DOES Nos. 4 through 10.
Defendants.

FIRST AMENDED COMPLAINT
FOR INJUNCTIVE RELIEF AND DAMAGES
Plaintiffs US Uncut LLC, Carl Gibson, and Mark Provost (collectively, “US Uncut”), by
their attorneys, Devine, Millimet & Branch, Professional Association, file this First Amended
Complaint against defendants Ryan Clayton, Daniel Gouldman, Matthew Hanson, Vera Nexum,
LLC, and John Does Nos. 4 through 10, doing business as “US UNCUT” and “usuncut.news”
for trademark infringement and dilution, cyberpiracy, unfair competition, unfair and deceptive
trade practices, and common law conversion and trespass to chattels.

US Uncut seeks

preliminary and permanent injunctive relief, an accounting, actual damages in an amount to be
proven at trial, statutory enhanced damages, and attorneys’ fees, and in support of such relief
alleges as follows:

 Case 1:16-cv-00368-PB Document 19 Filed 10/07/16 Page 2 of 17

INTRODUCTION
US Uncut brings this action because defendants Ryan Clayton, Daniel Gouldman,
Matthew Hanson, Vera Nexum, LLC and John Does Nos. 4 through 10 (collectively,
“Defendants”) created and continue to maintain a web page on the Internet using the domain
name “usuncut.news,” which is virtually identical to the US UNCUT common law service mark
owned by plaintiff and the web page plaintiff has maintained on the Internet since 2014 using the
domain name “usuncut.com.” Defendants are using the web page “usuncut.news” to generate
revenue from advertisers by posting articles on topics of interest to an audience that follows
current events relating to politics, the economy, and human rights, which is the same business in
which US Uncut is engaged and for which its brand is famous.

Making matters worse,

Defendants hijacked control of US Uncut’s popular Facebook page, which has more than 1.5
million followers, and are posting links on the Facebook page that are directing US Uncut’s
Facebook followers to visit defendants’ confusingly similar web page, “usuncut.news.”
Defendant Ryan Clayton has also filed an application before the United States Patent and
Trademark Office to register “US UNCUT” as a service mark for a news reporting service
despite the fact that US UNCUT is a service mark that belongs to US Uncut.
The Defendants’ conduct of constitutes willful infringement of US Uncut’s rights in its
protected common law service mark US UNCUT, conversion of US Uncut’s property interest in
its Facebook page, all of which has caused substantial and continuing harm to US Uncut.
US Uncut files this First Amended Complaint to add additional named defendants
because Ryan Clayton has represented to US Uncut through his counsel that Defendant Vera
Nexum, LLC is the entity that operates the website at the domain name “usuncut.news” and that
he (Ryan Clayton), Daniel Gouldman, and Matthew Hanson are the managers of Vera Nexum,

2

 Case 1:16-cv-00368-PB Document 19 Filed 10/07/16 Page 3 of 17

LLC. Accordingly, US Uncut is amending its Complaint to include Daniel Gouldman, Matthew
Hanson and Vera Nexum, LLC as named defendants. US Uncut continues to believe that other,
still unknown persons aided the wrongful conduct alleged herein, and for this reason US Uncut is
continuing to identify John Doe defendants. US Uncut anticipates it will learn through discovery
the identities of other persons responsible for the wrongful conduct and it reserves its right to
further amend its Complaint to add those persons as defendants at that time.1
PARTIES
1.

Plaintiff US Uncut is a New Hampshire Limited Liability Company which

provides online media services. US Uncut’s principal office address is 217 Cameron Street,
Manchester, New Hampshire 03103. US Uncut is the assignee of the common law rights in the
US UNCUT service mark owned by Carl Gibson and Mark Provost.
2.

Plaintiff Carl Gibson is an individual who maintains an address in New

Hampshire.
3.

Plaintiff Mark Provost is an individual who maintains an address in New

Hampshire.
4.

Defendant Ryan Clayton (“Clayton”) is an individual who lives at 200 Bodwell

Road, Manchester, New Hampshire 03109.
5.

Defendant Daniel Gouldman (“Gouldman”) is an individual and a resident of

Illinois. Gouldman is a member and manager of Vera Nexum, LLC.

1

Although Carl Gibson and Mark Provost assigned to US Uncut LLC their common law rights in the US UNCUT
service mark prior to the commencement of this action, Messrs. Gibson and Provost have been added as
plaintiffs to remove all questions of standing and trademark/property ownership asserted in Ryan Clayton’s
Answer to the original Complaint.

3

 Case 1:16-cv-00368-PB Document 19 Filed 10/07/16 Page 4 of 17

6.

Defendant Matthew Hanson (“Hanson”) is an individual with an address of 353

North Des Plaines Street, Chicago, Illinois. Hanson is a member and manager of Vera Nexum,
LLC.
7.

Vera Nexum, LLC (“Vera Nexum”) is an Illinois limited liability company

formed on March 23, 2016. Clayton, Gouldman, and Hanson are all managers and members of
Vera Nexum. Vera Nexum’s principal office is at a law firm, Rolewick & Gutzke, P.C., located
at 1776 South Naperville Road, Wheaton, Illinois.
8.

Defendants John Does Nos. 4 through 10 are persons whose identities are

presently unknown, but who are believed to have directly participated in the wrongful conduct
alleged herein or conspired with the named defendants to harm US Uncut. Once the identities of
these persons are discovered, US Uncut will seek to amend it Complaint to identify such persons
as named defendants.
JURISDICTION AND VENUE
9.

This Court possesses subject matter jurisdiction under 28 U.S.C. § 1338 because

this action arises under federal trademark law, 15 U.S.C. § 1051 et. seq. This Court may also
exercise supplemental jurisdiction over the state law claims under 28 U.S.C. § 1367.
10.

Venue is proper in this District under 28 U.S.C. § 1391 because at least one

defendant, Ryan Clayton, resides in New Hampshire and because a substantial part of the events
giving rise to the claims at issue occurred in this District.
ALLEGATIONS COMMON TO ALL COUNTS
The Rise of the US Uncut Movement
11.

In February 2011, a decentralized direct action group formed in the United States

to combat corporate tax avoidance and highlight cuts to social spending and public sector jobs.

4

 Case 1:16-cv-00368-PB Document 19 Filed 10/07/16 Page 5 of 17

Three early members of the group, Carl Gibson, Joanne Gifford and Ryan Clayton, each created
Facebook pages within days of each other named “US UNCUT.” The purpose of the Facebook
pages was to help distribute information and coordinate the group’s actions, which were taking
place on a national scale. Indeed, the group’s first direct action – a protest against a large
financial institution – occurred simultaneously on February 26, 2011 in 50 cities across the
United States.

In and around this same time, Gibson secured the Internet domain name

“usuncut.org” and used it to host a web page to distribute information about the group’s actions.
Gibson also secured the Twitter handle “@usuncut.” The Twitter handle and .org domain name
were registered in January 2011.
12.

Soon after establishing their respective Facebook pages, Gibson, Gifford and

Clayton agreed to combine their information distribution efforts on Facebook into a single page,
the name of which remained “US Uncut.”

At the time of this agreement, the US Uncut

Facebook pages operated by Gibson and Clayton had roughly the same number of “followers,”
i.e., Facebook users that had “liked” the US Uncut Facebook pages and, as a result, would
receive notice of all posts made to the pages.
13.

Gibson agreed to merge the followers of his US Uncut Facebook page into

Clayton’s page with the understanding that the new, combined US Uncut Facebook page would
no longer belong to Clayton. This understanding was reflected in the fact that Gibson, Gifford
and Clayton all maintained manager level administrator rights for the new Facebook page,
meaning they each could add or remove content to the page and grant or change administrator
rights for others. As well, at least nine other members of the US Uncut movement were also
given administrator rights to the Facebook page.

5

 Case 1:16-cv-00368-PB Document 19 Filed 10/07/16 Page 6 of 17

14.

By the fall of 2011, Gibson was handling virtually all of the work for posting

content to the US Uncut Facebook page. While all of the individuals kept their administrator
rights, only Gibson posted content on a regular basis.
15.

For his part, Clayton turned his attention to a new movement – Occupy Wall

Street – that was gaining momentum in the late summer of 2011 and rapidly eclipsing the
attention that US Uncut had garnered.

Indeed, Clayton was soon suggesting that people

interested in the US Uncut movement join the Occupy Wall Street movement instead and that
Internet traffic to the usuncut.org domain be re-routed to the domain occupywallst.org or
occupytogether.org. Clayton’s shifting interest was not particularly surprising since only one
month earlier, in August 2011, Clayton wrote a lengthy “open letter” bemoaning the dysfunction,
inactivity and deteriorating membership of the US Uncut movement.
16.

In August 2012, Mark Provost joined the operation of the US Uncut Facebook

page. Provost and Gibson agreed to collaborate in a deliberate and concentrated effort to grow
the US Uncut Facebook page from a site that was once used by members of a grassroots
movement to publicize and coordinate their actions, to a meme-based information hub for
progressive politics. Although Clayton continued to have administrator rights to the Facebook
page, he did not meaningfully contribute to the work that Provost and Gibson undertook. Rather,
viewing US Uncut as a failed movement, Clayton continued to focus his attention on other
progressive political activities. In 2013, Clayton assumed the full-time position of Executive
Director for a political action committee called WolfPAC.
17.

Thanks to the work of Provost and Gibson, the US Uncut Facebook page

experienced unprecedented and phenomenal growth in Facebook followers after August 2012.
Clayton did not contribute to the growth of the Facebook page, posting almost no original

6

 Case 1:16-cv-00368-PB Document 19 Filed 10/07/16 Page 7 of 17

content and not participating in group discussions about what content to post to attract more
members to the US Uncut audience. On the seldom occasions when Clayton did post to the US
Uncut Facebook page, it was usually to promote WolfPAC, the political action committee that
employed him. Such posts were intended by Clayton to benefit WolfPAC, not US Uncut.
18.

In June 2014, Clayton was removed as an administrator of the US Uncut

Facebook page because he posted content on the page that the other administrators viewed as
contrary to US Uncut’s progressive principles. Worse still, Clayton posted the content despite a
majority decision of the administrators that the content not be posted to the Facebook page.
Clayton’s removal as administrator meant that he could no longer post content to the Facebook
page.
The US Uncut Service Mark
19.

Following Clayton’s departure, Gibson and Provost undertook a deliberate and

sustained effort to build a “US Uncut” online media brand that would serve as a leading
publisher for well-written, quality stories about topics of interest to people interested in the goals
of the US Uncut movement and with a particular focus on progressive politics, the economy and
human rights. To this end, Gibson and Provost formed US Uncut LLC in September 2014 and
launched a new website, www.usuncut.com.

The articles US Uncut LLC produced were

published on usuncut.com and linked to the US Uncut Facebook page.
20.
operated.

This business model was a significant shift from how US Uncut had previously
US Uncut was no longer simply generating politically oriented “memes” to its

Facebook page, but rather creating its own long-form articles, posting the original content to
usuncut.com, and posting links to the US Uncut Facebook page that would draw Facebook
followers to usuncut.com to read the content. The evolution of US Uncut as a media brand was a

7

 Case 1:16-cv-00368-PB Document 19 Filed 10/07/16 Page 8 of 17

natural extension of the expertise in journalism and media held by Gibson and Provost. By
Clayton’s own admission, journalism and media content is not his expertise. Rather, Clayton’s
expertise is in political activism, political campaigns and media relations, not media content.
21.

By 2015, US Uncut had established itself as a preeminent, non-mainstream online

news source, with its website and Facebook page serving as the principal content outlets. By
August 2015, Gibson and Provost were the only administrators on the US Uncut Facebook page,
and the US Uncut Facebook page was almost exclusively used for distribution of content posted
on usuncut.com. As of August 1, 2016, the US Uncut Facebook page had grown to over 1.5
million followers, and was ranked as a Top 25 Facebook Publisher worldwide. Its web site,
usuncut.com, generated 10 to 32 million monthly page views.
22.

In order to support itself and continue creating content, US Uncut began selling

advertising on its usuncut.com website in August 2015. This was the first commercial activity of
US Uncut LLC and the first definitive use of the US UNCUT service mark in commerce. The
US Uncut Facebook page became an important component in the ability of US Uncut to sustain
its operations because viewers of the Facebook page would also often become viewers of US
Uncut’s web site, usuncut.com. In other words, the Facebook page was a primary conduit for
viewers (and revenue) for US Uncut’s website.
The Hijacking of US Uncut’s Facebook Page
23.

As of August 1, 2016, US Uncut’s members were the sole administrators for the

US Uncut Facebook page.

And, as noted already, the Facebook page was an important

component of the operations for US Uncut’s news reporting service because the page serves 1.5
million Facebook followers.

8

 Case 1:16-cv-00368-PB Document 19 Filed 10/07/16 Page 9 of 17

24.

At 4:03 PM on August 3, 2016, US Uncut learned that it was locked out of its

Facebook page and that the administrator rights had somehow been changed without any
warning to US Uncut. Since then, the US Uncut Facebook page has been used to distribute
content from another web site using the domain name www.usuncut.news, which is confusingly
similar to US Uncut’s web site domain name. The web site “www.usuncut.news” will be
referred to hereinafter as the “Defendants’ Web Site.”
25.

In his Answer to US Uncut’s original Complaint, Clayton admits (i) that he was

responsible for the hijacking of the US Uncut Facebook page on August 3, 2016, and changing
the administrator rights to exclude US Uncut’s members, (ii) that the “US Uncut Facebook page
is now being used to distribute information posted on www.usuncut.news and that he [Clayton]
is involved in that;” and (iii) that Clayton applied to the United States Patent and Trademark
Office on July 11, 2016, to register “US UNCUT” as a service mark for “[n]ews reporting
services, namely, providing news in the nature of current event reporting; providing news,
information and commentary through a website, electronic newsletter, and social media in the
nature of current events relating to politics, the economy, and human rights.” (Doc. 10 ¶¶ 16, 17,
19.)
26.

Through counsel, Clayton has also revealed to US Uncut that the Defendants’

Web Site is operated by Vera Nexum and that he (Clayton), Gouldman and Hanson are all
members and managers of Vera Nexum.
27.

Clayton’s admissions and revelations not only confirm the suspicions US Uncut

expressed in its original Complaint that the hijacking of US Uncut’s Facebook page and the
operation of the Defendants’ Web Site involved persons beyond just Clayton, but that those
persons were related to a US Uncut competitor, Addicting Info Enterprises, LLC.

9

 Case 1:16-cv-00368-PB Document 19 Filed 10/07/16 Page 10 of 17

28.

Gouldman and Hanson are members of Addicting Info Enterprises, LLC.

Gouldman and Hanson are also members of two other Illinois limited liability companies, New
Century Times, LLC and Bipartisan Report, LLC. All of these entities are competitors of US
Uncut.
29.

Addicting Info Enterprises, LLC owns and/or operates the web site

www.addictinginfo.com.
30.

New Century Times, LLC owns and/or operates the web site

www.newcenturytimes.com.
31.

Bipartisan Report, LLC owns and/or operates the web site

www.bipartisanreport.com.
32.

Since August 3, 2016, the US Uncut Facebook page has been used to promote and

direct traffic to Vera Nexum’s web site, usuncut.news.
33.

Since August 3, 2016, the US Uncut Facebook page has been used to promote and

direct traffic to Addicting Info’s web site, addictinginfo.org.
34.

Since August 3, 2016, the US Uncut Facebook page has been used to promote and

direct traffic to New Century Time’s web site, newcenturytimes.com.
35.

Since August 3, 2016, the US Uncut Facebook page has been used to promote and

direct traffic to Bipartisan Report’s web site, bipartisanreport.com.
36.

Since the evening of August 3, 2016 (when US Uncut lost control of the US

Uncut Facebook page), US Uncut’s Facebook page has been used exclusively by Defendants to
promote articles and content from entities owned and/or controlled by Hanson, Gouldman, and
Clayton.

10

 Case 1:16-cv-00368-PB Document 19 Filed 10/07/16 Page 11 of 17

37.

Although Clayton has admitted the involvement of Gouldman, Hanson and Vera

Nexum in the wrongful conduct, US Uncut believes additional, unknown persons are also
participating in the wrongful conduct. US Uncut believes discovery will reveal the identities of
these additional persons.
CAUSES OF ACTION
COUNT I
(Trademark Infringement 15 U.S.C. § 1125(a))
38.

US Uncut realleges and incorporates herein by reference all of the allegations in

the preceding paragraphs of this Complaint as though fully set forth herein.
39.

Defendants’ intentional and unauthorized use of US UNCUT and any domain

name which is confusingly similar to US Uncut’s trademarks, including but not limited to the use
of “usuncut.news” as a domain name and use of US Uncut’s Facebook page, constitutes
trademark infringement in violation of the Lanham Act.
40.

Without injunctive relief, US Uncut has no means by which to prevent

Defendants’ infringing conduct, and US Uncut will continue to be harmed irreparably by the
confusion and deception to the public.

No amount of money damages can adequately

compensate US Uncut if it loses the ability to control the use of its trademarks, reputation and
good will. US Uncut thus is entitled to injunctive relief prohibiting Defendants from using US
Uncut’s name or marks, or any other confusingly similar names or marks in any way in
connection with the publication of news and articles on the Internet or through social media.
41.

US Uncut is also entitled to recover its damages as well as any profits realized by

Defendants through their misconduct, together with the costs and attorneys’ fees relating to this
action, pursuant to 15 U.S.C. § 1117(a).
COUNT II
(Famous Trademark Dilution 15 U.S.C. § 1125(c))
11

 Case 1:16-cv-00368-PB Document 19 Filed 10/07/16 Page 12 of 17

42.

US Uncut realleges and incorporates herein by reference all of the allegations in

the preceding paragraphs of this Complaint as though fully set forth herein.
43.

Through years of use, promotion and publicity, the US UNCUT service mark has

become famous throughout the United States, representing a high-quality source of news and
articles for audiences on social media and the Internet.
44.

Defendants’ use of US Uncut’s Facebook page and “usuncut.news” has and will

continue to cause dilution of the distinctive quality of US Uncut LLC’s famous mark.
Accordingly, US Uncut LLC is entitled to injunctive relief pursuant to 15 U.S.C. § 1125(c).
45.

Because Defendants knowingly, willfully and intentionally traded on US Uncut’s

reputation and diluted US Uncut’s famous mark, US Uncut is also entitled to the relief provided
for under 15 U.S.C. § 1117(a), including an award of damages up to three times actual damages
and an award of costs and attorneys’ fees.
COUNT III
(Cyberpiracy 15 U.S.C. § 1125(d))
46.

US Uncut realleges and incorporates herein by reference all of the allegations in

the preceding paragraphs of this Complaint as though fully set forth herein.
47.

Defendants have registered, trafficked in and used a domain name that is

confusingly similar to and dilutive of US Uncut’s protected service mark with a bad faith intent
to profit from the fame and good will of US Uncut’s name and service mark in violation of the
Anticybersquatting Consumer Protection Act. 15 U.S.C. § 1125(d).
48.

Defendants’ conduct as described herein, and especially the continued ownership,

maintenance and/or use of confusingly similar and dilutive domain name and trespass of US
Uncut’s Facebook page, has caused and, unless restrained by this Court, will continue to cause
irreparable injury to US Uncut. US Uncut, therefore, requests that the Court order Defendants to
12

 Case 1:16-cv-00368-PB Document 19 Filed 10/07/16 Page 13 of 17

transfer the “usuncut.news” domain name to US Uncut, or in the alternative to forfeit the domain
name, pursuant to 15 U.S.C. § 1125(d)(1)(C), and to order Defendants to return complete control
to US Uncut of its Facebook page, and not to use the US UNCUT service mark in any capacity,
on Facebook or elsewhere.
49.

US Uncut further requests that the Court order Defendants to remove

“usuncut.news” webpage from the Internet, and to refrain from using the “usuncut.news”
webpage.
50.

In addition to the foregoing relief, US Uncut is entitled to recover its damages as

well as any profits realized by Defendants through his conduct, together with the costs relating to
this action, pursuant to 15 U.S.C. § 1117(a).
51.

Alternatively, US Uncut is entitled at its election to recover statutory damages

pursuant to 15 U.S.C. § 1117(d).
COUNT IV
(Unfair Competition and False Designation of Origin 15 U.S.C. § 1125(a))
52.

US Uncut realleges and incorporates herein by reference all of the allegations in

the preceding paragraphs of this Complaint as though fully set forth herein.
53.

By reason of Defendants’ acts complained of herein, Defendants have

intentionally engaged in conduct that constitutes a false designation of origin, a false or
misleading description of fact, and a false or misleading representation of fact tending
wrongfully and falsely to describe or represent a connection or affiliation between US Uncut’s
services and Defendants’ services in violation of 15 U.S.C. § 1125(a). The public is likely to be
confused by Defendants’ use of such false designation of origin and false descriptions or
representations regarding US Uncut’s goods and services and Defendants’ goods and services.

13

 Case 1:16-cv-00368-PB Document 19 Filed 10/07/16 Page 14 of 17

54.

Without injunctive relief, US Uncut has no means by which to prevent

Defendants’ infringing conduct, and US Uncut will continue to be harmed irreparably by the
confusion and deception to the public.

No amount of money damages can adequately

compensate US Uncut if it loses the ability to control the use of its trademarks, reputation and
good will. US Uncut thus is entitled to injunctive relief prohibiting Defendants from using US
Uncut’s name or marks, or any other confusingly similar names or marks in any way in
connection with the offering of news, articles, and other content on the Internet and through
social media.
55.

US Uncut is also entitled to recover its damages as well as any profits realized by

Defendants through their misconduct, together with the costs and attorneys’ fees relating to this
action, pursuant to 15 U.S.C. § 1117(a).
COUNT V
(Unfair and Deceptive Acts and Practices in Violation of RSA 358-A:2)
56.

US Uncut realleges and incorporates herein by reference all of the allegations in

the preceding paragraphs of this Complaint as though fully set forth herein.
57.

Defendants are “persons” within the meaning of RSA 358-A:1.

58.

Defendants, through their use of US Uncut’s service mark and deceptively similar

marks has, inter alia, passed of their goods and services as those of another; caused likelihood of
confusion or of misunderstanding as to the source, sponsorship, approval, or certification of
goods and services; and caused likelihood of confusion or of misunderstanding as to their
affiliation, connection or association with, or certification by US Uncut.
59.

Defendants’ conduct, as alleged herein, constitutes unfair competition and unfair

and deceptive acts in violation of RSA 358-A:2.

14

 Case 1:16-cv-00368-PB Document 19 Filed 10/07/16 Page 15 of 17

60.

US Uncut is entitled to recover injunctive relief, actual damages, and its costs and

attorneys’ fees.
61.

Because Defendants’ actions, as alleged herein, have been willful and knowing,

US Uncut LLC is entitled to three times its actual damages pursuant to RSA 358-A:10.
COUNT VI
(Common Law Conversion and Trespass to Chattels)
62.

US Uncut realleges and incorporates herein by reference all of the allegations in

the preceding paragraphs of this Complaint as though fully set forth herein.
63.

US Uncut owns the Facebook page “US Uncut” and the followers to that page.

64.

Using improper means and without authority, Defendants have misappropriated

control of the US Uncut LLC Facebook page and the followers to that page by changing the
administrator rights to deny US Uncut LLC access to – and control of – its Facebook page.
65.

Defendants’ conduct constitutes conversion and trespass to chattels under New

Hampshire common law, as the Facebook page and its followers are property of US Uncut.
66.

US Uncut is entitled to injunctive relief to force Defendants to relinquish control

and use of the US Uncut Facebook page and the followers to the page, and to return to US Uncut
the administrator rights to the page and control of the followers to the Facebook page, which
other courts have equated to a customer list.
67.

US Uncut is also entitled to an award of damages for Defendants’ wrongful

conversion and trespass to chattels.
PRAYER FOR RELIEF
WHEREFORE, US Uncut respectfully requests this Honorable Court enter a final order
and judgment:

15

 Case 1:16-cv-00368-PB Document 19 Filed 10/07/16 Page 16 of 17

A.

Enjoining Defendants from using US Uncut’s service mark US UNCUT or any

confusingly similar name or mark;
B.

Ordering Defendants to transfer the Internet domain name “usuncut.news” to US

Uncut, or in the alternative, order Defendants to forfeit this domain name;
C.

Ordering Defendants to return to US Uncut all administrator rights to the US

Uncut Facebook page and control of the followers to the US Uncut Facebook page;
D.

Enjoining Defendants from using the US Uncut Facebook page or any other

Facebook page which is intended to or which is likely to confuse consumers with any of US
Uncut’s Facebook pages;
D.

Granting other injunctive or equitable relief as may be appropriate to remedy the

injuries suffered by US Uncut and to prevent future injuries;
E.

Awarding US Uncut its actual damages and an accounting of any and all profits

realized by Defendants as a result of his unlawful conduct;
F.

Awarding enhanced damages, treble damages, attorneys’ fees and other additional

damages as allowable under the applicable statutes; and
G.

Granting US Uncut such other relief as may be just and equitable.
JURY DEMAND

US Uncut demands a trial by jury on all issues so triable to the fullest extent permitted by
law.

16

 Case 1:16-cv-00368-PB Document 19 Filed 10/07/16 Page 17 of 17

Respectfully submitted,
US UNCUT LLC, CARL GIBSON
and MARK PROVOST
By their attorneys,
DEVINE, MILLIMET & BRANCH, PA

Dated: October 7, 2016

/s/ Jonathan M. Shirley
Nicholas K. Holmes, Esquire (NH Bar #1183)
Jonathan M. Shirley, Esquire (NH Bar #16494)
111 Amherst Street
Manchester, NH 03101
Tel.: 603-695-8515
nholmes@devinemillimet.com
jshirley@devinemillimet.com

CERTIFICATE OF SERVICE
A copy of the foregoing was this day served on all counsel of record by the Court’s ECF
system.
Dated: October 7, 2016

/s/ Jonathan M. Shirley

17