Case 1:18-cv-00128-B Document 1 Filed 03/19/18 Page 1 of 11 IN TH E UNITE D S TATES DIS TR ICT CO URT F O R TH E S O UTH ERN DIS TRICT O F ALABAMA Mobtown Merch, LLC CIVIL ACTION NO. 18-cv-00128 Plaintiff v. JURY TRIAL DEMANDED Judge Moh-BEEL, LLC and Frederick F. B. Sims Magistrate Defendants COMPLAINT Plaintiff, Mobtown Merch, LLC (the “Plaintiff”), by and through undersigned counsel, for and as its Complaint against Defendants, Moh-BEEL, LLC and Frederick F. B. Sims (the “Defendants”), alleges as follows: NATURE OF THE CASE 1. This is an action for false designation of origin under the Lanham Act, 15 U.S.C. § 1125, et seq., Alabama state trademark infringement, unfair competition under the Alabama Deceptive Trade Practices Act, Ala. Code § 8-19-1, et seq., and the common law. 2. Plaintiff seeks to protect its trademark, (MOH-BEEL) (the “Mark”), from Defendants Moh-BEEL, LLC and Frederick F. B. Sims’ unlawful past and future acts of false designation of origin, trademark infringement, and unfair competition through their continued use of confusingly similar trade names and trademarks/service marks and to prevent further confusion and reputational and other harm to Plaintiff. 3. Plaintiff has used its (MOH-BEEL) trademark in commerce on clothing and insulated beverage containers since at least as early as September 2016. 1 Case 1:18-cv-00128-B Document 1 Filed 03/19/18 Page 2 of 11 4. In 2016, Plaintiff began using (MOH-BEEL) in commerce as a trademark for its clothing and lifestyle brand. It has since continuously used the (MOH-BEEL) mark in intrastate and interstate commerce. 5. Through Plaintiff’s expense and efforts in promoting the (MOH-BEEL) brand, Plaintiff has created consumer demand for (MOH-BEEL) branded products. For example, as shown in Exhibit A, Plaintiff currently sells (MOH-BEEL) branded items in at least five established retailers as well as online. 6. Plaintiff has applied to register its (MOH-BEEL) mark with the United States Patent and Trademark Office (“PTO”), shown in U.S. Trademark Application Serial No. 87658881. Plaintiff has attached its application hereto as Exhibit B. 7. Plaintiff owns Alabama State Trademark Registration No. 117-811 for (MOHBEEL) for “wearable clothing and garments, namely, shirts.” Plaintiff has attached its Registration Certificate as Exhibit C. 8. Upon information and belief, Defendants recognized Plaintiff’s efforts and expense in building the (MOH-BEEL) brand. 9. Upon information and belief, Defendants hoped to trade on Plaintiff’s efforts and expense by promoting a confusingly similar brand, namely, MOH-BEEL USA. 10. After learning of the success of Plaintiff’s MOH-BEEL mark, and despite being aware of Plaintiff’s senior rights, Defendant Sims filed a trademark application with the PTO for MOH-BEEL. Plaintiff has attached Defendant’s application hereto as Exhibit D. 11. Defendant Sims filed the trademark application and launched a MOH-BEEL line of products with knowledge of Plaintiff’s use of (MOH-BEEL) on overlapping and related goods. 2 Case 1:18-cv-00128-B Document 1 Filed 03/19/18 Page 3 of 11 12. Upon information and belief, Defendants have and continue to use confusingly similar marks and designations, including MOH-BEEL, in connection with their clothing company. Defendants’ use of the confusingly similar marks on its clothing, in its advertising and marketing materials, and on its social media has and is likely to create consumer confusion and has and/or is likely to cause reputational and other harm to Plaintiff. 13. Immediately upon learning of Defendants’ confusingly similar mark, Plaintiff, through counsel, contacted Defendants in writing on October 30, 2017 in an effort to resolve this matter. Defendant Sims called Plaintiff’s counsel and stated that his lawyers would contact Plaintiff’s counsel in due course. Defendant declined to provide the name of his counsel to Plaintiff’s counsel. Defendant’s counsel never contacted Plaintiff’s counsel. 14. Attempting to resolve this dispute without litigation, Plaintiff’s counsel emailed Defendants on January 22, 2018 explaining that Defendant’s continued promotion of MOH-BEEL on clothing was violating Plaintiff’s rights and that Defendant’s failure to respond to Plaintiff left Plaintiff with no choice but to file suit. 15. Defendant Sims responded to Plaintiff’s January 22, 2018 email and stated that his attorneys were looking into the matter but had “no further information of when they will be contacting your firm in this matter.” Defendant went on to state that his attorneys “are aware of the letters and emails from [Plaintiff’s counsel] and has informed [Defendants] that they will be in contact with [Defendants] accordingly.” Plaintiff has provided this email as Exhibit E. 16. Defendants ignored Plaintiff’s correspondence and continue to use the infringing 3 Case 1:18-cv-00128-B Document 1 Filed 03/19/18 Page 4 of 11 mark in commerce. Plaintiff is consequently forced to seek relief from this Court. THE PARTIES 17. Plaintiff, Mobtown Merch, LLC, is an Alabama limited liability company with its principal place of business at 3378 Moffet Road, Mobile, Alabama 36607. Plaintiff operates a clothing and lifestyle brand serving customers nationwide with a focus on the Gulf Coast. Plaintiff has continuously used the MOH-BEEL trademark in commerce since 2016. Plaintiff has never abandoned its MOH-BEEL mark. 18. Upon information and belief, Defendant Frederick F. B. Sims, an individual, is the principal of Moh-BEEL, LLC and has an address of 212 South Dearborn Street, Mobile, Alabama 36602. 19. Upon information and belief, Defendant Moh-BEEL, LLC is an Alabama limited liability company (LLC) with a registered office mailing address of P.O. Box 772, Mobile, Alabama 36602. 20. Defendant Moh-BEEL, LLC’s principal place of business and registered agent, Frederick F. B. Sims, are located at 212 South Dearborn Street, Mobile, Alabama 36602. 21. Plaintiff is informed and believes, and upon such good basis alleges, that at all times herein mentioned, each of the Defendants was an agent, servant, employee, and/or joint venture of each of the other Defendants, and was at all times acting within the course and scope of said agency, service, employment, and/or joint venture. JURISDICTION AND VENUE 22. Jurisdiction is proper in this Court because this litigation presents federal questions and arises under the Lanham Act, 15 U.S.C. § 1051, et seq. The Court has supplemental jurisdiction over Plaintiff’s state law claims under 28 U.S.C. § 1367 4 Case 1:18-cv-00128-B Document 1 Filed 03/19/18 Page 5 of 11 because they are so related to Plaintiff’s Lanham Act claims that they form part of the same case or controversy under Article III of the U.S. Constitution. 23. The acts and transactions complained of in this Complaint occurred as a result of Defendants’ use of the confusingly similar mark MOH-BEEL in connection with their business in the State of Alabama and within this judicial district. 24. All Defendants, either directly or through their agents, are believed to reside in Alabama and/or transacted business in the State of Alabama and within this judicial district, as more specifically set forth below, and expected or should have reasonably expected their acts to have consequences in the State of Alabama and within this judicial district. 25. Venue is proper because a substantial part of the events giving rise to the claims herein occurred in this judicial district, including the operation of Defendants’ business using the infringing mark. Defendants’ improper use of MOH-BEEL has created and will continue to create confusion among consumers and has caused and will continue to cause reputational and other harms to Plaintiff in the State of Alabama and this judicial district. FACTUAL ALLEGATIONS 26. Plaintiff has offered goods under its (MOH-BEEL) mark since 2016, and the mark has become, through widespread and favorable public acceptance and recognition, an asset of substantial value as a symbol of Plaintiff’s goods and its goodwill. 27. Through the (MOH-BEEL) mark, Plaintiff has become associated in consumers’ minds as a premium source for apparel. As a result, the (MOH-BEEL) mark and its associated goodwill are among Plaintiff’s most valuable assets. 5 Case 1:18-cv-00128-B Document 1 Filed 03/19/18 Page 6 of 11 Defendants’ Willfully Infringing Actions 28. Plaintiff is informed and believes, and on that basis alleges, that Defendants, as competitors and Mobile, Alabama neighbors, have been familiar with Plaintiff and its (MOH-BEEL) mark for at least one year. 29. Notwithstanding Plaintiff’s well-known and prior rights in its (MOH-BEEL) mark, Defendants began deliberately, willfully, and maliciously offering goods under the nearly identical MOH-BEEL mark. A photo of Defendants’ goods is attached hereto as Exhibit F. 30. Plaintiff is rightfully concerned regarding consumer confusion between its business and Defendants’ business. Plaintiff has worked hard to establish its reputation and build the goodwill associated with its (MOH-BEEL) brand and is left with no choice but to either suffer consumer confusion or pursue legal action. FIRST CAUSE OF ACTION False Designation of Origin in Violation of the Lanham Act 15 U.S.C. § 1125(a) (Against All Defendants) 31. Plaintiff hereby incorporates and re-alleges paragraphs 1-30 of the Complaint as though fully set forth herein. 32. Plaintiff possesses a valid mark entitled to protection under the Lanham Act. 33. Plaintiff’s (MOH-BEEL) mark is distinctive, unique, and strong. 34. Defendants have never been authorized to use Plaintiff’s (MOH-BEEL) mark. 35. Notwithstanding Plaintiff’s well-known and prior rights in its Mark, Defendants, long after Plaintiff had established rights in the Mark, began deliberately, willfully, and maliciously offering goods bearing the confusingly similar mark MOH-BEEL. 36. Defendants’ use of the confusingly similar mark constitutes false association and 6 Case 1:18-cv-00128-B Document 1 Filed 03/19/18 Page 7 of 11 false designation of origin. Specifically, Defendants’ false representations are likely to and/or have caused confusion and mistake as to the origin of their goods. Consumers are likely to believe Plaintiff is associated or affiliated with and/or approves of Defendants’ goods. 37. Defendants’ use in interstate commerce, including Alabama, of the MOH-BEEL mark on apparel is a false designation of origin in violation of Plaintiff’s rights under 15 U.S.C. § 1125(a). 38. Defendants’ acts are deliberate, willful, malicious, and have been committed with a reckless disregard for their likelihood to cause confusion and mistake. 39. Plaintiff has respectfully requested, on more than one occasion, that Defendants cease and desist from offering confusingly similar goods, however Defendants have ignored these requests. 40. Plaintiff has no adequate remedy at law, is suffering, and/or has suffered irreparable harm and damages as a result of Defendants’ acts. SECOND CAUSE OF ACTION Alabama State Trademark Infringement Ala. Code § 8-12-16 (Against All Defendants) 41. Plaintiff hereby incorporates and re-alleges paragraphs 1-39 of the Complaint as though fully set forth herein. 42. Plaintiff owns Alabama State Trademark Registration No. 117-811 for (MOHBEEL) for “wearable clothing and garments, namely, shirts.” See Exhibit E. 43. Defendants’ use, without Plaintiff’s consent, of reproductions, counterfeits, copies, and colorable imitations of Plaintiff’s registered mark in connection with a business and/or with the sale, offering for sale, or advertising of goods or services is 7 Case 1:18-cv-00128-B Document 1 Filed 03/19/18 Page 8 of 11 likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services or the sponsorship of such business in violation of Ala. Code § 8-12-16. 44. Defendants’ use of a confusingly similar mark on their goods in Alabama infringes Plaintiff’s registered rights. 45. As a result of Defendants’ conduct, Plaintiff has suffered and will continue to suffer damages and brings this action under Ala. Code § 8-12-16. THIRD CAUSE OF ACTION Common Law Trademark/Service Mark Infringement (Against All Defendants) 46. Plaintiff hereby incorporates and re-alleges paragraphs 1-43 of the Complaint as though fully set forth herein. 47. Plaintiff’s (MOH-BEEL) mark is widely recognized in a significant geographic area within the State of Alabama, the Gulf Coast, and beyond as a designation of the source of Plaintiff’s goods. 48. Plaintiff has common law trademark rights in its (MOH-BEEL) mark under Alabama law. 49. Defendants’ use, without Plaintiff’s consent, of its confusingly similar MOHBEEL mark in connection with a business and/or with the sale, offering for sale, and advertising of its goods has and/or is likely to cause confusion or mistake or to deceive as to the source of origin of the goods. 50. Defendants’ use of a confusingly similar mark on their goods in Alabama is an infringement of Plaintiff’s common law trademark rights in its (MOH-BEEL) mark. 51. Defendants’ acts of infringement are deliberate, willful, malicious, and have been committed with a reckless disregard for their likelihood to cause confusion and mistake. 8 Case 1:18-cv-00128-B Document 1 Filed 03/19/18 Page 9 of 11 52. Plaintiff has respectfully requested, on more than one occasion, that Defendants cease and desist from their infringing acts but Defendants have ignored these requests. 53. Plaintiff has no adequate remedy at law, is suffering, and/or has suffered irreparable harm and damages as a result of the aforementioned acts of Defendants. FOURTH CAUSE OF ACTION Violation of the Alabama Deceptive Trade Practices Act Ala. Code §§ 8-19-5, 8-19-10 (Against All Defendants) 54. Plaintiff hereby incorporates and re-alleges paragraphs 1-51 of the Complaint as though fully set forth herein. 55. Defendants’ use, without Plaintiff’s consent, of MOH-BEEL in connection with a business and/or with the sale, offering for sale, and advertising of goods has and/or is likely to cause confusion or mistake or to deceive as to the source of origin of the goods. 56. By causing confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services, Defendants’ actions, as set forth above, are in violation of Alabama’s Deceptive Trade Practices Act, Ala. Code § 8-19-5. 57. By causing confusion or misunderstanding as to the affiliation, connection, or association with, or certification by another, Defendants’ actions, as set forth above, are in violation of Alabama’s Deceptive Trade Practices Act, Ala. Code § 8-19-5. 58. By engaging in other unconscionable, false, misleading, or deceptive acts or practices in the conduct of trade or commerce, Defendants’ actions, as set forth above, are in violation of Alabama’s Deceptive Trade Practices Act, § Ala. Code 8-19-5. 59. As a result of Defendants’ conduct, Plaintiff has suffered and will continue to suffer damages and brings this action under Ala. Code § 8-19-10. 9 Case 1:18-cv-00128-B Document 1 Filed 03/19/18 Page 10 of 11 FIFTH CAUSE OF ACTION Unjust Enrichment Under Common Law (Against All Defendants) 60. Plaintiff hereby incorporates and re-alleges paragraphs 1-57 of the Complaint as though fully set forth herein. 61. By virtue of the egregious and illegal acts of Defendants as described above, Defendants have been unjustly enriched in an amount to be proven at trial. 62. Defendants’ retention of monies gained through its deceptive business practices, infringements, and otherwise would serve to unjustly enrich Defendants and would be contrary to the interests of justice. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for the following relief: 1. That Defendants, their officers, agents, servants, employees, attorneys, and all those persons in active concert or participation with Defendants be temporarily, preliminarily, and permanently enjoined from: a. Using MOH-BEEL or any confusingly similar designation alone or in combination with other words, images, or motifs as a trademark, service mark, or trade name component, to market, advertise, or to identify Defendants’ goods or related products; b. Otherwise infringing Plaintiff’s (MOH-BEEL) mark; c. Unfairly competing with Plaintiff in any manner whatsoever; and d. Causing a likelihood of confusion or injury to the business reputation of Plaintiff and its mark; 2. That Defendants account and pay over to Plaintiff all damages sustained by 10 Case 1:18-cv-00128-B Document 1 Filed 03/19/18 Page 11 of 11 Plaintiff and profits realized by Defendants by reason of Defendants’ unlawful acts herein alleged and that those damages be increased as provided by law under 15 U.S.C. § 1117(a); 3. That Plaintiff recover its attorney’s fees from Defendants; 4. That Plaintiff be awarded compensatory, punitive, and exemplary damages in amounts to be determined according to proof at trial; 5. That Plaintiff be awarded its costs as provided by 15 U.S.C. § 1117; 6. An award of pre-judgment and post-judgment interest; and 7. Such other relief as the Court deems just and proper. DEMAND FOR JURY TRIAL Plaintiff hereby requests a trial by jury in this matter. Dated: March 19, 2018 Respectfully submitted, ADAMSIP, LLC By: /s/ J. Hunter Adams J. Hunter Adams (ASB-5289-J80Z) 300 Dauphin Street, Suite 200 Mobile, Alabama 36602 (251) 289-9787 hunter@adamsiplaw.com Attorney for Plaintiff 11 Case Document 1-1 Filed 03/19/18 Page 1 of 2 Case Document 1-1 Filed 03/19/18 Page 2 of 2 G) 0 i} In. our lAcal retailers a: HARVELL 3 OUTFITT m'n?s (Iolhuu 2534 Old Shell Rd 260 Dauphin St 4354 Old Shell Rd Mobile, AL 36607 Mobile, AL 36602 Mobile, AL 36608 (251) 344-4200 (251) 441 -8044 (251) 217-7466 Website Website Website A I yes 150 3 Royal St 30945 5 Rivers Mobile, AL 35502 Spanish Fort, AL 36527 (251) 802-3092 (251) 625-0814 Website Website Case Document 1-2 Filed 03/19/18 Page 1 of 8 Case 1:18-cv-00128-B Document 1-2 Filed 03/19/18 Page 2 of 8 Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006) OMB No. 0651-0009 (Exp 02/28/2018) Trademark/Service Mark Application, Principal Register TEAS Plus Application Serial Number: 87658881 Filing Date: 10/25/2017 NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears where the field is only mandatory under the facts of the particular application. The table below presents the data as entered. Input Field TEAS Plus Entered YES MARK INFORMATION *MARK (moh - BEEL) *STANDARD CHARACTERS YES USPTO-GENERATED IMAGE YES LITERAL ELEMENT (moh - BEEL) *MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size, or color. REGISTER Principal APPLICANT INFORMATION *OWNER OF MARK Mobtown Merch, LLC *STREET 3378 Moffet Road *CITY Mobile *STATE (Required for U.S. applicants) Alabama *COUNTRY United States *ZIP/POSTAL CODE (Required for U.S. applicants) 36607 LEGAL ENTITY INFORMATION *TYPE LIMITED LIABILITY COMPANY * STATE/COUNTRY WHERE LEGALLY ORGANIZED Alabama GOODS AND/OR SERVICES AND BASIS INFORMATION * INTERNATIONAL CLASS 025 *IDENTIFICATION Hats; Headwear *FILING BASIS SECTION 1(b) * INTERNATIONAL CLASS 025 *IDENTIFICATION Shirts; T-shirts Case 1:18-cv-00128-B Document 1-2 Filed 03/19/18 Page 3 of 8 *FILING BASIS SECTION 1(a) FIRST USE ANYWHERE DATE At least as early as 09/30/2016 FIRST USE IN COMMERCE DATE At least as early as 09/30/2016 SPECIMEN FILE NAME(S) \\TICRS\EXPORT17\IMAGEOUT 17\876\588\87658881\xml1\ FTK0003.JPG SPECIMEN DESCRIPTION screenshot of Applicant's website ADDITIONAL STATEMENTS SECTION *TRANSLATION (if applicable) *TRANSLITERATION (if applicable) *CLAIMED PRIOR REGISTRATION (if applicable) The applicant claims ownership of active prior U.S. Registration Number(s) 5257584. *CONSENT (NAME/LIKENESS) (if applicable) *CONCURRENT USE CLAIM (if applicable) ATTORNEY INFORMATION NAME Alexa Stabler-Adams ATTORNEY DOCKET NUMBER 503-400 FIRM NAME AdamsIP, LLC STREET 300 Dauphin Street, Suite 200 CITY Mobile STATE Alabama COUNTRY United States ZIP/POSTAL CODE 36602 PHONE 251-289-9787 x2 EMAIL ADDRESS alexa@adamsiplaw.com AUTHORIZED TO COMMUNICATE VIA EMAIL Yes OTHER APPOINTED ATTORNEY J. Hunter Adams CORRESPONDENCE INFORMATION *NAME Alexa Stabler-Adams FIRM NAME AdamsIP, LLC *STREET 300 Dauphin Street, Suite 200 *CITY Mobile *STATE (Required for U.S. addresses) Alabama *COUNTRY United States *ZIP/POSTAL CODE 36602 PHONE 251-289-9787 x2 *EMAIL ADDRESS alexa@adamsiplaw.com;hunter@adamsiplaw.com Case 1:18-cv-00128-B Document 1-2 Filed 03/19/18 Page 4 of 8 *AUTHORIZED TO COMMUNICATE VIA EMAIL Yes FEE INFORMATION APPLICATION FILING OPTION TEAS Plus NUMBER OF CLASSES 1 FEE PER CLASS 225 *TOTAL FEE PAID 225 SIGNATURE INFORMATION * SIGNATURE /Rebecca Maisel/ * SIGNATORY'S NAME Rebecca Maisel * SIGNATORY'S POSITION Member SIGNATORY'S PHONE NUMBER 2513790960 * DATE SIGNED 10/25/2017 Case 1:18-cv-00128-B Document 1-2 Filed 03/19/18 Page 5 of 8 Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006) OMB No. 0651-0009 (Exp 02/28/2018) Trademark/Service Mark Application, Principal Register TEAS Plus Application Serial Number: 87658881 Filing Date: 10/25/2017 To the Commissioner for Trademarks: MARK: (moh - BEEL) (Standard Characters, see mark) The mark in your application is (moh - BEEL). The applicant, Mobtown Merch, LLC, a limited liability company legally organized under the laws of Alabama, having an address of 3378 Moffet Road Mobile, Alabama 36607 United States requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following: For specific filing basis information for each item, you must view the display within the Input Table. International Class 025: Hats; Headwear; Shirts; T-shirts Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services. (15 U.S.C. Section 1051(b)). Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark. In International Class 025, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 09/30/2016, and first used in commerce at least as early as 09/30/2016, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) screenshot of Applicant's website. Specimen File1 Claim of Active Prior Registration(s) The applicant claims ownership of active prior U.S. Registration Number(s) 5257584. The applicant's current Attorney Information: Alexa Stabler-Adams and J. Hunter Adams of AdamsIP, LLC Mobile, Alabama 36602 United States 251-289-9787 x2(phone) alexa@adamsiplaw.com (authorized) The attorney docket/reference number is 503-400. The applicant's current Correspondence Information: Alexa Stabler-Adams AdamsIP, LLC 300 Dauphin Street, Suite 200 Mobile, Alabama 36602 300 Dauphin Street, Suite 200 Case 1:18-cv-00128-B Document 1-2 Filed 03/19/18 Page 6 of 8 251-289-9787 x2(phone) alexa@adamsiplaw.com;hunter@adamsiplaw.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Plus status and a requirement to submit an additional processing fee of $125 per international class of goods/services. A fee payment in the amount of $225 has been submitted with the application, representing payment for 1 class(es). Declaration Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. AND/OR If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive. To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support. The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true. Declaration Signature Signature: /Rebecca Maisel/ Date: 10/25/2017 Signatory's Name: Rebecca Maisel Signatory's Position: Member Signatory's Phone Number: 2513790960 Payment Sale Number: 87658881 Payment Accounting Date: 10/25/2017 Serial Number: 87658881 Internet Transmission Date: Wed Oct 25 10:35:41 EDT 2017 TEAS Stamp: USPTO/FTK-XXX.XX.XX.XXX-2017102510354161 2092-87658881-510ef373239cd2c594b2463267 b9bc3b91dd1b83538ec82aee31c8e6c36e5b3c6CC-8721-20171024103827020668 Case Document 1-2 Filed 03/19/18 Page 7 of 8 (moh - BEEL) Case 1:18-cv-00128-B Document 1-2 Filed 03/19/18 Page 8 of 8 me. (- . 1715 c' QSearch 0 mobtown merch home our mission merch local retailers contact us Home (mohrBEEU . mobtown merch $24.00 Size Color Heather Grey 3 Quantity 1 2 Add to Cart Mobtowners are always proper. First step to reppin' your city is making sure everyone knows how to say it. Second step is to tell 'em who you?re rootin' for on gameday. Printed in the great state of Alabama on a super-soft unisex 60% ringspun cotton 40% polyester tee. Please allow 5-7 business days for shipping. Problem with your order? Return it free of charge. Case Document 1-3 Filed 03/19/18 Page 1 of 2 Case Document 1-3 Filed 03/19/18 Page 2 of 2 JOHN H. MERRILL ALABAMA STATE CAPITOL SECRETARY OF STATE MONTGOMERY, AL 36130 STATE OF ALABAMA I, John H. Merrill, Secretary of State of the State of Alabama, having custody of the Great and Principal Seal of said State, do hereby certify that Mobtown Merch, LLC, an Alabama limited liability company, 3378 Moffett Rd Mobile, AL 36607 has ?led in this of?ce, the necessary papers and information pursuant to Section 8-12-6 et seq, Code of Alabama, 1975, as last amended, to be entitled to the Legal Registration in Alabama, for a term of Five Years beginning February 27, 2018 and ending February 27, 2023, of the following Trademark, First Used Anywhere September 30, 2016, and First Used in Alabama September 30, 2016 in Classi?cation 12 for Retail trade under Registration Number 117-811: In Testimony Whereof, I have hereunto set my hand and af?xed the Great Seal of the State, at the Capitol, in the City of Montgomery, on this day. February 27, 2018 Date John H. Merrill secretary of State Case Document 1-4 Filed 03/19/18 Page 1 of 7 Case 1:18-cv-00128-B Document 1-4 Filed 03/19/18 Page 2 of 7 Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006) OMB No. 0651-0009 (Exp 02/28/2018) Trademark/Service Mark Application, Principal Register TEAS Plus Application Serial Number: 87626911 Filing Date: 09/28/2017 NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears where the field is only mandatory under the facts of the particular application. The table below presents the data as entered. Input Field TEAS Plus Entered YES MARK INFORMATION *MARK Moh-BEEL *STANDARD CHARACTERS YES USPTO-GENERATED IMAGE YES LITERAL ELEMENT Moh-BEEL *MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size, or color. REGISTER Principal APPLICANT INFORMATION *OWNER OF MARK Sims, Frederick Freedom B. *STREET P.O. Box 772 *CITY Mobile *STATE (Required for U.S. applicants) Alabama *COUNTRY United States *ZIP/POSTAL CODE (Required for U.S. applicants) 36601 PHONE 415-225-7889 EMAIL ADDRESS freedom102764@yahoo.com AUTHORIZED TO COMMUNICATE VIA EMAIL Yes WEBSITE ADDRESS www.Moh-BEEL.com LEGAL ENTITY INFORMATION *TYPE LIMITED LIABILITY COMPANY * STATE/COUNTRY WHERE LEGALLY ORGANIZED Alabama GOODS AND/OR SERVICES AND BASIS INFORMATION * INTERNATIONAL CLASS 024 Case 1:18-cv-00128-B Document 1-4 Filed 03/19/18 Page 3 of 7 *IDENTIFICATION Fabrics that may or may not have printed patterns and designs thereon for use in textile applications, namely, the manufacture of apparel, upholstery, signage, flags, banners and wallpaper *FILING BASIS SECTION 1(b) * INTERNATIONAL CLASS 025 *IDENTIFICATION Apparel for dancers, namely, tee shirts, sweatshirts, pants, leggings, shorts and jackets; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Children's and infants' apparel treated with fire and heat retardants, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments *FILING BASIS SECTION 1(b) ADDITIONAL STATEMENTS INFORMATION *TRANSLATION (if applicable) *TRANSLITERATION (if applicable) *CLAIMED PRIOR REGISTRATION (if applicable) *CONSENT (NAME/LIKENESS) (if applicable) *CONCURRENT USE CLAIM (if applicable) CORRESPONDENCE INFORMATION *NAME Sims, Frederick Freedom B. FIRM NAME Sims, Frederick Freedom B. *STREET P.O. Box 772 *CITY Mobile *STATE (Required for U.S. addresses) Alabama *COUNTRY United States *ZIP/POSTAL CODE 36601 PHONE 415-225-7889 *EMAIL ADDRESS freedom102764@yahoo.com *AUTHORIZED TO COMMUNICATE VIA EMAIL Yes FEE INFORMATION APPLICATION FILING OPTION TEAS Plus NUMBER OF CLASSES 2 FEE PER CLASS 225 *TOTAL FEE PAID 450 SIGNATURE INFORMATION * SIGNATURE /Frederick Freedom Sims/ * SIGNATORY'S NAME /Frederick Freedom Sims/ * SIGNATORY'S POSITION Owner Case 1:18-cv-00128-B Document 1-4 Filed 03/19/18 Page 4 of 7 SIGNATORY'S PHONE NUMBER 415-225-7889 * DATE SIGNED 09/28/2017 Case 1:18-cv-00128-B Document 1-4 Filed 03/19/18 Page 5 of 7 Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006) OMB No. 0651-0009 (Exp 02/28/2018) Trademark/Service Mark Application, Principal Register TEAS Plus Application Serial Number: 87626911 Filing Date: 09/28/2017 To the Commissioner for Trademarks: MARK: Moh-BEEL (Standard Characters, see mark) The mark in your application is Moh-BEEL. The applicant, Sims, Frederick Freedom B., a limited liability company legally organized under the laws of Alabama, having an address of P.O. Box 772 Mobile, Alabama 36601 United States 415-225-7889(phone) freedom102764@yahoo.com requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following: For specific filing basis information for each item, you must view the display within the Input Table. International Class 024: Fabrics that may or may not have printed patterns and designs thereon for use in textile applications, namely, the manufacture of apparel, upholstery, signage, flags, banners and wallpaper Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services. (15 U.S.C. Section 1051(b)). For specific filing basis information for each item, you must view the display within the Input Table. International Class 025: Apparel for dancers, namely, tee shirts, sweatshirts, pants, leggings, shorts and jackets; Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Children's and infants' apparel treated with fire and heat retardants, namely, jumpers, overall sleepwear, pajamas, rompers and one-piece garments Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services. (15 U.S.C. Section 1051(b)). For informational purposes only, applicant's website address is: www.Moh-BEEL.com The applicant's current Correspondence Information: Sims, Frederick Freedom B. Sims, Frederick Freedom B. P.O. Box 772 Mobile, Alabama 36601 415-225-7889(phone) freedom102764@yahoo.com (authorized) E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or the applicant's attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Plus status and a requirement to submit an additional processing fee of $125 per international class of goods/services. A fee payment in the amount of $450 has been submitted with the application, representing payment for 2 class(es). Declaration Case 1:18-cv-00128-B Document 1-4 Filed 03/19/18 Page 6 of 7 Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. AND/OR If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive. To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support. The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true. Declaration Signature Signature: /Frederick Freedom Sims/ Date: 09/28/2017 Signatory's Name: /Frederick Freedom Sims/ Signatory's Position: Owner Signatory's Phone Number: 415-225-7889 Payment Sale Number: 87626911 Payment Accounting Date: 09/29/2017 Serial Number: 87626911 Internet Transmission Date: Thu Sep 28 17:29:43 EDT 2017 TEAS Stamp: USPTO/FTK-XX.XXX.XXX.XX-2017092817294377 6816-87626911-510fff55dbbd613b8fc2d74fdf 4be863d4dbaf658c89a757b8733574670335fe8CC-5021-20170928170208788787 Case Document 1-4 Filed 03/19/18 Page 7 of 7 Case Document 1-5 Filed 03/19/18 Page 1 of 3 Mail - hunter@adamsiplaw.com Case https://outlook.office.com/owa/?path=/mail/search 1:18-cv-00128-B Document 1-5 Filed 03/19/18 Page 2 of 3 Re: Moh-Beel Frederick Sims Thu 1/25/2018 7:09 AM To:Hunter Adams ; Our attorneys are in the process of researching public domain and we have no further information of when they will be contacting your firm in this matter. They are aware of the letters and emails from your firm and has informed us that they will be in contact with us accordingly. Thank you Frederick Sent from Yahoo Mail on Android On Mon, Jan 22, 2018 at 4:21 PM, Hunter Adams wrote: Frederick Our law firm mailed you the attached letter on Oct. 30, 2017.  I have recently learned that you are still promoting your infringing Moh-Beel line of clothing and hats.  My client has asked that we proceed with filing a trademark infringement lawsuit.  Before doing so, I would like to set up a phone call to discuss bringing this matter to a close.  Are you available this afternoon or first thing tomorrow morning?  What is your best contact phone number?  My direct line is 251-263-8722. Best regards, Hunter J. Hunter Adams, Attorney Mobile, AL: (251) 289-9787 New Orleans, LA: (504) 581-3737 hunter@adamsiplaw.com www.adamsiplaw.com CONFIDENTIALITY: This email and attachments may be confidential and may contain information which is protected under the attorney-client privilege or work product doctrine. If you are not the intended recipient, please notify the sender immediately and delete this email from your system. 1 of 2 2/19/18, 3:29 PM Mail - hunter@adamsiplaw.com Case 2 of 2 https://outlook.office.com/owa/?path=/mail/search 1:18-cv-00128-B Document 1-5 Filed 03/19/18 Page 3 of 3 2/19/18, 3:29 PM Case Document 1-6 Filed 03/19/18 Page 1 of 2 Case Document 1-6 Filed 03/19/18 Page non-8&4; Beg; Case Document 1-7 Filed 03/19/18 Page 1 of 1 A0 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Southern District of Alabama Mobtown Merch, LLC Plaintg'j?s) . LLC and Frederick F. B. Sims Civil Action No. 18-CV-00128 Defendant(s) SUMMONS IN A CIVIL ACTION To: (Defendant?s name and address) LLC c/o Frederick F.B. Sims 212 South Dearborn Street Mobile, Alabama 36602 A lawsuit has been ?led against you. Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you are the United States or a United States agency, or an of?cer or employee of the United States described in Fed. R. Civ. P. 12 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: AdamslP, LLC c/o J. Hunter Adams 300 Dauphin Street Suite 200 Mobile, AL 36602 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must ?le your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Case Document 1-8 Filed 03/19/18 Page 1 of 1 A0 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Southern District of Alabama Mobtown Merch, LLC Plainti?Ys) V. LLC and Frederick F. B. Sims Civil Action No. 18-CV-00128 Defendant(s) SUMMONS IN A CIVIL ACTION To: (Defendant?s name and address) Frederick F.B. Sims 212 South Dearborn Street Mobile, Alabama 36602 A lawsuit has been ?led against you. Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 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: AdamslP, LLC c/o J. Hunter Adams 300 Dauphin Street Suite 200 Mobile, AL 36602 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must ?le your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk