9113133 EEz?Dept BROWNE GEORGE ROSS LLP Peter W. Ross (State Bar No. 109741) Wm - Keith I. esley (State Bar NO. 229276) kwesle TITLOOITI Ivy A. Wang (State Bar NO. 224899) ?wan firmeorn 2121 Avenue Of the Stars, Suite 2300 Los Angelcs, California 90067 Telephone: (310) 274?7100 Facsimile: (310) 275?5697 Attomeys for Plaintiffs Chadwick McQueen and City National Bank as Trustee of the Terry McQueen Testamentary Trust . . 0 39? Assn-sad Wham. FELED Eu rtor Court of Ca? ggunty Of Los Angeigama zms- Sheni R. Oar We, Ohm/cam By we [den Om SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF Los ANGELEs, CENTRAL MCQUEEN, an individual;- CITY NATIONAL BANK. AS TRUSTEE OF THE TERRY MCQUEEN - TESTAMENTARY TRUST, Plaintiffs, vs- FERRARI N.V., a Dutch corporation; FERRARI NORTH AMERICA, INC, a Delaware corporation; and DOES 1 through 10, inclusive, - Defendant, 107064931 CaseNo. 30715 754 COMLAINT OR: (I) TRADEMARK INFRINGEMENT [Is ?1114]; (2) NAME ENOOREEMENT AND DESIGNATION OR ORIGIN (Is - (3) RIGHT OF PUBLICITY (CAL. CIY. CORE $344.1]; (4) COMMON LAW UNRAIR COMPETITION 5 =oses. =Hsea en?ssbs an ssrso :OIee EIUO IR IRIEOER no cs en'os Eta #336? L131 COMFLATNT I--l -I--1 I-?l I?l b?I- a?I J?l- \l Ln 1b DJ- HD- 'L-h LIJ .hDW?mUT-P-wt?d Plaintiffs Chadwick McQueen and City National Bank, in its capacity as Trustee of the Terry McQueen Testamentary Trust for the benefit of Molly McQueen, allege the following: PARTIES . 1. Plaintiff Chadwick McQueen is the son of the deceased movie star Steve McQueen. Chadwick McQueen 15 the co- -owner of his father 3 right of publicity and trademark rights. He resides in the County of Los Angeles. I . 2. Plaintiff City National Bank is the trustee of the Terry McQueen Testamentary Trust, which is the other co?owner of Steve Me'Queen?s rights of publicity and trademark rights. The trust is administered in the County of Los Angeles for the bene?t of Molly McQueen, who is the daughter of Steve McQueen late daughter Terry McQueen. Molly McQueen also resides in the Comfy of Los Angeles. 3. Plaintiffs Chadwick McQueen and-City National Bank as Trustee of the Tony McQueen Testamentary Trust are hereinafter referenced collectively as ?Plaintiffs.? Plainti??s are informed and believe and thereon allege that defendant Ferrari NV. is a corporation organized under the laws of the Netherlands with its principal place of business in . Maranello, Italy. 5. Plaintiffs are informed and believe and thereon allege that defendant Ferrari North America, Inc., is a subsidiary of defendant Ferrari N.V., organized under the laws of DelaWare, and headquartered in Englewood Cliffs, New Jersey. I 6. The true names and capacities, whether individual, corporate, associate or otherwise of defendant Does 1 through 10, inclusive, are unknoWn to Plaintiffs who therefore sue said defendants by-such fictitious names. Plaintiffs are informed and believe and thereon allege that each of the defendants designated herein as a fictitiously?named defendant is in some manner legally responsible for the events and happenings alleged herein. Defendants Ferrari NV, Ferrari North America, Inc. and Does 1 through 10 are hereinafter referred to collectively as "Ferrari" or ?Defendants.? I i I 7. Plaintiffs are informed and believe and thereon allege that each of the Defendants was, at all relevant times, the agent, servant, employee, joint venturer andfor partner of each of the - mics-19.4 I Q- . COMPLAINT ?121 other Defendants, and in doing the things alleged hereinafter, each Defendant was acting Within the scope of authon?q,r conferred upon that defendant or with the consent, approval andfor rati?cation of the other Det'endants. GENERAL ALLEGATIONS A. Steve Mc Is a . ovie Icon and ?The Kin of Cool? 3. Terence Steven ?Steve? McQueen (hereinafter ?Steve McQueen? or ?McQueen?) is one of the most famous actors inAmerican ?lm history. 9. McQuecn?s ?anti?hero" persona made him a top box-of?ce draw of the counter? cultural 1960s and 1970s and engendered his nickname ?The King of Cool." 10. McQueen received an Academy Award nomination for his role in The Sand Pebbles and starred in other landmark films, including he Cincinnati Kid, The Themed Crown .d?oir, Euiitrr, The Getmvay, and Papilion, as well as the all-star ensemble ?lms The Magni?cent Seven, The Greer Escape, and he Towering Injemo. 11. By 1974, McQueen was the highest?paid movie star in the world. 12. Tragically, however, McQueen was taken from us too soon; he passed away on November 7, 1980. I I B. The ?Steve McQueen Effect? Skyrockets the Value of Care '13. McQueen had a passion for speed and danger. He was and remains knoum as an avid and race car enthusiast. He performed many of his cum movie stunts, including some of the car chases 1n Euliirr and the chase in he Great Escape. 14. As a result of McQueen?s link to and love of cars, McQueen cars and related collectibles carry a huge premium in today's market. The ?Steve McQueen effect? drives the value of anything owned by the actor, especially cars, to several multiples its standard price. For example, a 1970 Porsche 917K. featured in the Steve McQueen movie Le Mans auctioned for over $14 million in August 2017, becoming the most expensive Porsche ever sold. In 2014, a vintage Ferrari 275 (317de once owned by Steve McQueen sold for over $10 million, despite similar usually selling for approximately $3 millioo. In_2016, a Porsche 911 Turbo once owned by McQueen sold for just million, despite similar Porsches usually selling for around meant I 3. CDNIPLAINT $100,000 to $150,000- In 2012, a 1968 Ford GT40 race car used in the ?lming of Le Mans sold for $11 million? the most ever paid for any Ford vehicle and almost four times the insurance company valuation. 111 2011,1v1cQueen 1970 Porsche 9115, also used 111 Le Mans, auctioned for $1.375 million the most ever spent at auction fora 911 series Porsche and despite being valued at $72,000. 15. The president and founder of the automotive auction house Gooding 35' Company once stated: ?Steve McQueen is really? at the top of the car mythology.? A managing director of RM Auctions agreed, noting: ?When it comes to cars with celebrity provenance, it doesn?t get any better than a Ferrari earned by Steve McQueen.? I 16. For more than thirty years, the McQueen family has carefully and deliberately limited the car and themed projects featuring Steve McQueen. For example, Ford has launched three limited editions of Mustangs featuring the name and likeness of McQueen, and the family has been closely involved with each launch, including recently in Detroit and Geneva. 17. Trimnph has also featured McQueen in the global advertising of limited numbered editions of The McQueen family was closely involved .with design and performance I features of these and McQueen?s signature and name was prominently featured on a that became known as the ?Steve McQueen bike." 13. Metisse builds a ?nely crafted and revered Steve McQueen Desert Racer that commands premium fees. The Steve McQueen. Desert Racer was designed with close involvement of the McQueen family .19' McQueen will also be used as the key brand in a highly modi?ed limited edition performance car announced by Steeda. 20. Porsche has worked closely with McQueen?s family on special branded clothing and accessories featuring McQueen?s classic Porsches. 21. In every case, the McQueen family has closely consulted, managed, and protected the use of Steve McQueen?s persona to ensure that each project is authentic, of high quality and performance, and represents the essential McQueen style. The family routinely rejects projects that do not meet these rigorous standards. As a result, products featuring McQueen that are vetted 111705492 i -4. COMPLAINT I'Ea'rilil amen-tam and approved by the McQueen family command premium prices, are highly praised by magazine and television journalists, and are highly sought after by discriminating ear and buyers. Ferrari ?owingly Infringes Upon Mc?ueen?s Intellectual Propemj Rights 22. Ferrari is a world renoWned Italian luxury sports car manufacnlrer and racing brand. Founded by Enao Ferrari in 1939 out of Alfa Romeo?s race division, Ferrari built its first car in 1940 and its ?rst Ferrarinhranded carin 1947. In addition to racing its care competitively, Ferrari sells to the public high-end sports cars that are generally seen as symbols of speed, lukury, and wealth. 23. In 2011, plaintiff Chad McQueen personally visited Ferrari, met with the then- president and chairman of Ferrari, and toured the Ferrari factory. Plaintiff expressed interest in potentially working with Ferrari on a special McQueen car, provided he and his family would maintain approval rights and involvement in the project, as they routinely do with other partner brands, as described above. 24. Plaintiffs and the rest of the McQueen family were shocked when they learned, in 2017, that Ferrari had, without notice or authorization, begun marketing and selling a special edition Ferrari that Ferrari entitled ?The McQueen? and that Ferrari marketed through use of Steve McQueen?s persona. 25. More speci?cally, to celebrate the 70th Anniversary of errari?branded cars in 2017, Ferrari designed modernised versions of 70 classic Ferrari car models. Ferrari advertised and sold to the public exclusive, limited edition liveries of each of the 70 special edition models. Ferrari named one of the models in the 70th Anniversary collection ?The McQueen." 26. Ferrari marketed ?The McQueen? to its key customers as an extremely limited edition ?McQueen livery? and earring a significant price increase over a standard Ferrari model. 27. Ferrari also engaged in widespread advertising of ?The McQueen.? For example, Ferrari advertised, displayed, and offered for sale ?The McQueen" on the Ferrari website and social media. Below are true and correct excerpts from the Ferrari website and social media pages advertising ?The McQueen.? ?70649.41 5 - . CDIVIELAINT Tilt-.1 1? Ei?ifl 111 Tm; Migrates WW ?If. 21? stems WSW - 1m l- . .. mania '5 ?Mm. ?r Likapnga i=ru'1: 15,6. 251', a it!" From the shear! ?Editors-.197 In ?The Steve same: deep brown exteriors, elegant camel leather interiors. This is McQueen" liveW. Discover all tennis models! The our {New celebrating me ltera?' 250 GT Lasso from 1963, owned by Steve McQueen. WOBtyleleons 32 70 THE To Style Icons in?. n-a Wu . - :3 Discover The McQueen 111?) Like Comment Shore a: 28. Ferrari created and distributed brochures, including one entitled ?70 AN I to advertise, display, and offer for sale ?The McQueen? automobile to the public, The brochures too incorporated a photograph of Steve McQueen and a description of Steve McQueen?s ownership of the 250 GT Berlinetta Lusso. Ferrari?s marketing that displayed a photo of McQueen next to a Ferrari Luso created an unmistakable (but false) association and endorsement of the McQueen?branded Ferrari by the McQueen family. Below is a page from the brochure. 11111154914 cot/113mm 29. Plaintiffs are informed and-believe and thereon allege that Ferrari advertised and promoted ?The McQueen" as one of only four heretics that Ferrari presentedF at the 2016 Paris Motor Show to showcase the 70th Anniversary collection Numerous third-party press accounts covering the 2016 Paris Mel-or Show referenced ?The McQueen? or ?The Steve McQueen? by Ferrari. 30. Plaintiffs are informed and believe and thereon allege that Ferrari used the Steve McQueen name to promote "The McQueen? through vrord?o?mouth promotions, conununications with car dealers, industry insiders, and members of the public. 31. Plaintiffs are informed and believe and thereon allege that, through Ferrari?s aforementioned advertising and promotional activities, which were directed to California, Ferrari sold at least one unit of ?The McQueen" to a California consumer- 32. . Ferrari was aware that Steve McQueen had resided in California and that Plaintiffs reside in California. Plaintiffs are informed and believe and thereon allege that Ferrari engaged in its unauthorized use of Steve McQueen?s intellectual property rights deliberately, knowing that Plaintiffs w0uld be harmed in California. 33. As explained above, consumers routinely pay a substantial premium for automobiles and authenticated or approved by the McQueen family and featuring Steve McQueen. Ferrari thus benefitted from its use of Stove McQueen?s intellectual property by 10705414 COMPLAM - trading upon Steve McQueen?s goodwill and reputation in the relevant public in order to promote - and sell ?The McQueen-? Ferrari pro?ted not just from the sales of ?The McQueen? automobiles, but also ?oni the sale of other special edition 70th Armiversary models that were promoted in I conjunction With ?The McQueen.? 34. Ferrari?s unauthorized use of Steve McQueen's intellectual property has damaged Plaintiffs. For starters, Ferrari has harmed the McQueen family and, by entensiom its fans, by releasing a McQueen-branded car that creates the false perception that the car has been authorized by the family and that its design and details make it an authentic ?McQueen? ear deserving of the price premium and value that accrues to licensed and authentic McQueen cars and products. Additionally, Ferrari has deprived the McQueen family of a legitimate Ferrari project deserving of the McQueen name and containing actual performance and design enhancements that accompany an authorized McQueen vehicle. By unfairly bene?tting from the public attention and exclusivity that Would have accompanied an authorized relationship with the McQueen family, Ferrari has deprived the family of the commensurate-compensation for use of the Steve McQueen name and likeness. Plaintiffs have thus lost licensing fees from Ferrari from its use of Steve McQueen?s intellectual property. 35. Upon errari?s unauthorized use of Steve MoQue?en?s intellectual property in 2017, Plaintiffs? representatives contacted Ferrari and requested that Ferrari cease using Steve McQueen?s name and persona to market ?The McQueen.? 36. Although Ferrari re-named the ear in question ?The Actor," Ferrari continues to reference Steve McQueen expressly on the Ferrari webpage for ?The Actor,? and there can be no reasonable question as to Which ?Actor" Ferrari is linkingto the car. Below is a screenshot from Ferrari?s current webpage advertising ?The Actor.? Thus, Ferrari continues to infringe upon Plaintiffs? rights knowingly. mamas - -3- ?133NUMBER #32 Tasacros INSPIRED BY THE i511 BERIJHETTA LUESD . am The 1963 230 Luisa was owned by Steve McQueen. a gift front: has?: wife HelleMams. De?ned from the 250 GT Bantams. this media was not Inn-"dad to compete in rates, and is consular-ed tn beome at am most elegant Feria?s ever built. It stand out for it: understated d-ioontste eateries-mt! moulslle camel leather interiors with intricate FF FIRE CAUSE OF QCTION (Trademark Infringement) 37. Plainti?s re-allege and incorporate by reference herein each and every allegation contained in the paragraphs above and below. 33. Plaintiffs own valid registrations issued by the United States Patent and Trademark Office for the trademark STEVE MCQUEEN, (the ?McQueen Trademarks?), in a variety of classes and categories, including for and replica and toy vehicles. 39. The McQueen Trademarks are Valid, protectable marks that Plaintiffs use in 1 40. Ferrari has used the McQueen Trademarks to advertise, market, offer for sale, sell, distribute, and profit from the sale of automobiles. 41- Ferarri?s use of the McQueen Trademarks is likely to cause con?ision among ordinary purchasers as to the source, sponsorship, or af?liation of relevant Ferrari cars. 42. Plaintiffs have never consented to Ferrari?s use of the McQueen Trademarks. 43. a Ferrari in?-inged upon the McQueen Trademarks willfully. 44. As a proximate result of the unfair advantage accruing to Ferrari from using confusingly similar marks and deceptively trading on goodwill in the McQueen Trademarks, Ferrari has made substantial sales and profits in amounts to be established according to proof. 1010549.: meow-4:1.th 45. As a proximate result of the unfair advantage seeming to Ferrari from using similar or quasi-similar marks and deceptively trading on goodwill in the McQueen Trademarks, Plaintiffs have been damaged in amounts to be established according to proof. 46. Unless restrained by the Court, Ferrari will continue to infringe the McQueen. Trademarks. Pecuniary compensation will not a?ord Plaintiffs adequate relief for the damage to the trademarks. In the absence of inj unctive relief, consumers are likely to continue to be mistaken or deceived as to the true source, origin, sponsorship, and affiliation of relevant Ferrari I cars. .47. Ferrari's acts were committed, and continue to be committed, with actual notice of Plaintiffs? exclusive rights and with the intent to cause confusion, to cause mistake, and?or to deceiVe, and to cause injury to the reputation and goodwill associated with the McQueen Trademarks. Pursuant to 15 USE. section 1117, Plaintiffs, therefore, are entitled to recover three times actual damages or three times Ferrari?s pro?ts, whichever is greater, together with their . attorneys? fees. Plaintiffs are also entitled to statutoryhdamages of $2 million per registered mark. SECOND CAUSE OF ACTION (False Endorsement and Designation of Origin) 43. I Plaintiffs re?allege and incorporate by reference herein each and every allegation contained in the paragraphs above and below. 49. The McQueen Trademarks, as well as the Steve McQueen name and likeness, are inherently distinctive and have also acquired secondary meaning far over 50 years. 50. Ferrari was and is advertising, marketing, creating, displaying, promoting, offering for sale, selling, distributing, and pro?ting from products incorporating the McQueen Trademarks and the Steve McQueen name and likeness 51. Plaintiffs have never consented to Ferrari use of the McQueen Trademarks or the Steve McQueen name and likeness. 52. Ferrari has used the McQueen Trademarks, as well as the SteVe McQueen name and likeness, in a way that is likely to cause confusion and/ or mistake among relevant consumers by falsely suggesting and implying that Ferrari ears were authorized, approved and/or sponsored 1070649.:1 1 0- CQWLAINT too-equine Plaintiffs or that Plaintiffs are in some way affiliated, connected or associated with Ferrari or its cars. 53._ As a proximate result of the unfair advantage accruing to Ferrari from using similar or quasi- similar marks and the name and likeness of Steve McQueen and deceptively trading on - I Plaintiffs? goodwill, Ferrari has made substantial sales and pro?ts in amounts to be established according to proof. . 54. As a proximate result of the unfair advantage accruing to Ferrari from using confusingly similar marks and the name and likeness of Steve McQueen and deceptively trading on Plaintiffs? goodwill, Plaintiffs have been damaged and deprived of substantial profits and the value of the trademarks as commercial assets, in amounts to he established according to proof. 55. Unless restrained by the Court, Ferrari will continue to io?inge Plainti?s? trademarks and rights to the Steve McQueen name and likeness. Pecuniary compensation will not I afford Plaintiffs adequate relief for the damage to the trademarks and the Steve McQueen name and likeness. In the absence of injunctive relief, consumers are likely to continue to be mistaken or deceived as to the true source, origin, sponsorship, endorsement and af?liation of Ferrari and its. relevant cars. 56. Ferrari?s acts were committed, and continue-to be committed, with actual notice of Plaintiffs? exclusive rights and with the intent to cause confusion, to cause mistake, andfor to deceive, and to cause injury to the reputation and goodwill of Plaintiffs and the McQueen Estate. Pursuant to 15 USC. section 1117, Plaintiffs are, therefore, entitled to recover three times the actual damages or three times Ferrari's profits, whichever is greater, together with attomeys? fees. THIRD CAUSE OF (Violation of Civil Code Section 3344.1) 5 7. Plaintiffs re-allege and incorporate by reference herein each and every allegation contained in the paragraphs above and below. SS. Steve McQueen died on or about November 7, 1930, and all of the actions by Ferrari complained of herein occurred within 70 years of his death. 59. At the time of his death, Steve McQueen was domiciled in California. tomes _1 1_ COMPLAINT El-?ia? if? if? Juice: 5-005qu the time of his death, the name, photograph and likeness of Steve McQueen had substantial commercial value. 61. Plaintiffs are co-oWners of the rights of publicity of Steve McQueen. 62. Prior to the dates of Ferrari?s use of the name and likeness of Steve-McQueen, Plainti??s duly registered their claims to the right to make use of the name, photograph, and likeness of Steve McQueen with the office of the Secretary of State of California. 63. I Ferrari has violated Plaintiffs? right to make use of Steve McQueen?s name, photograph, and likeness commercially by using the same without consent or authorizatitm from Plaintiffs. d4. Plainti?ls are entitled to recover actual damages, statutory damages of no less than $750, andfor Ferrari's pro?ts loan. amount to be determined at trial. 65. Plaintiffs are entitled to attorneys? fees and costs. as. Plaintiffs are informed and believe, end thereon allege, that Ferrari eetninittetl the foregoing acts with the intention of depriving Plaintiffs of their legal rights, with oppression, fraud, andfor malice, and in. conscious disregard of Plaintiffs? rights. Plaintiffs are, therefore, entitled to an award of exemplary and punitive damages, according to proof. I FDURTH CAUSE OF ACTION (Common Law Unfair Competition) d7. Plaintiffs to -allege and incorporate by reference herein each and every allegation contained in the paragraphs above and below. 63. Ferrari?s unauthorised use of the McQueen Trademarks and the name and likeness of Steve MeQUeen is likely to cause consumer confusion as to the source, origin, sponsorship, and- association of Ferrari?s relevant cars. . 69. Plaintiffs have been, and will continue to be, damaged and irreparably harmed hy the actions of Ferrari unless Ferrari is enjoined by this Court. Plaintiffs have no adequate remedy at law. 71. Plaintiffs are entitled to recover damages and/or Ferrarifs profits in'an amount to be detennilned at trial. 10706414 - 1 2- COMPLAINT EIEZFEEFED Ohm-72. Plaintiffs are informed and believe, and thereon allege, that Ferrari the foregoing acts with the intention of depriving Plaintiffs of their legal rigI,hts with oppression fraud andfor malice, and in conscious disregard of rights Plaintiffs are, therefore I entitled to an award of exemplary and punitive damages, according to proof. PRAYER WHEREFDRE, Plaintiffs pray for judgment against Defendants, and each of them, as follows. 1. For preliminary and permanent injunctions enjoining and restraining Defendants, their agents, employees, representatives, partners, joint venturers, andforI anyone acting on behalf - of, or in concert with Defendants, from:- a. designing, manufacturing, importing, shipping, delivering, selling, marketing, displaying, advertising, or promoting any product that incorporates or is marketed in conjunction with any Steve McQueen trademark, name, photograph or likeness, I b. -Irepresenting or implying,- directly or indirectly,.to retailers, customers, distributors, licensees, or any other customers or potential customers of Defendants? products-that Defendants? products originate with, are sponsored, endorsed, or licensed by, or are otherwise - associated or affiliated with Plaintiffs or Steve Mchen; 2: For an order requiring the destruction of all marketing, advertising, or promotional . materials depicting Steve McQueen name, photograph or likeness, I I 3. For an accounting of all pro?ts obtained by Defendants from sales of any product I incorporating or marketed in conjunction with any Steve McQueen trademark, name, photograph or likeness, and an order that Defendants hold all such profits in a constructive trust for the benefit of Plaintiffs; 4. For an award to Plaintiffs of all profits earned by Defendants from their infringing acts; 5. For compensatory damages according to proof, but no less than $1 million, Imam COMPLAINT women-P- 23'~ . 6. For statutory damages of no less than $2 million per registered trademark and $750 for a violation of Civil Code section 3344.1; Dated: [messes 7. For punitive damages according to proof; 3. For pre-judgment interest according to proof; 9. For the attorneys? fees and costs of suit incurred herein; and ID. For such other'arid ?irther relief 'as the Court may find appropriate. I July 30, 2013 BROWNE GEORGE ROSS LLP Peter Ross Keith . Wesley A. Wang .By: gig/?5 Keith J. Wesley - - Attorneys for Plaintiffs Chadwick McQueen and City National Bank as Trustee of the Terry McQueen Testamentary'Trust i - '14? I COMPLAINT