Case 2:19-cv-04606-DSF-JC Document 1 Filed 05/28/19 Page 1 of 20 Page ID #:1

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KENNETH A. FEINSWOG
Bar No. 129562
400 Corporate Pointe, Suite 300
Culver City, California 90230
Telephone: (310) 846-5800
Facsimile: (310) 310-846-5801
kfeinswog@gmail.com

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Attorney for Plaintiff

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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IRON MAIDEN HOLDINGS LIMITED,

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Plaintiff,

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v.

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3D REALMS ENTERTAINMENT ApS,

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Defendant.

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CIVIL CASE NO.

COMPLAINT FOR
TRADEMARK
INFRINGEMENT AND
UNFAIR COMPETITION

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Plaintiff, Iron Maiden Holdings Limited, alleges as follows for its complaint:

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I. JURISDICTION

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1.

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This is an action for injunctive relief and damages arising under the

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United States Trademark Act of 1946, 15 U.S.C. § 1051 et seq., as amended, (e.g.,

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15 U.S.C. § 1114 et seq., 15 U.S.C. § 1125 et seq., and 15 U.S.C. § 1126 et seq.),
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California statutory law and the common law relating to trademark and trade name

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infringement and unfair competition. Subject matter jurisdiction over this action is

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conferred upon this Court by 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331, 1338(a)

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and (b).

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2.

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over Plaintiff's California state law claims because those claims are substantially
related to Plaintiff’s federal Lanham Act claims.

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Pursuant to 28 U.S.C. § 1367, this Court has supplemental jurisdiction

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This Court has personal jurisdiction over Defendant and venue is

proper in this District pursuant to 28 U.S.C. § 1391(b) and (c) because Defendant
resides in this District, is doing business in this District, a substantial portion of the
activity about which Plaintiff complains has taken place in this District and/or
Defendant has distributed the video game that infringes upon Plaintiff’s rights in
and/or into this District.

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II. THE PARTIES

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4.

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Plaintiff, Iron Maiden Holdings Limited (“Iron Maiden” or

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“Plaintiff”) is a United Kingdom Company, having its principal place of business

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at Bridle House, 36 Bridle Lane, London W1F 9BZ, United Kingdom.
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Defendant 3D Realms Entertainment ApS (“3D Realms”) is a Danish

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Limited Liability Company, having its principal place of business at Ledvogtervej

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190, Stoevring, Denmark.

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6.

Defendant conducts business in interstate commerce by distributing

video games throughout the United States.

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III. NATURE OF THE ACTION

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This is a civil action for trademark infringement, dilution, and unfair

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competition arising under Federal and California law and/or the common law. Iron

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Maiden brings this action against Defendant because Defendant is using Ion

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Maiden, a confusingly similar version of the Iron Maiden trademark without

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authorization and is attempting to take advantage of Iron Maiden’s worldwide
recognition to sell Defendant’s products and services. Such use is a violation of
Iron Maiden's rights and is likely to cause confusion among the public.

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8.

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Iron Maiden seeks both injunctive and monetary relief as a result of

Defendant’s knowing, willful and continuing infringement of Iron Maiden's rights.

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IV. FACTUAL BACKGROUND

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A.

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Iron Maiden and Its Asserted Trademarks

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9.

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Iron Maiden is a world famous band that formed in 1975.

Iron

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Maiden was a pioneer of the British heavy metal movement and has become one of

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the most commercially and musically successful bands of all time having recorded

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more than fifteen studio albums along with live albums and numerous compilations

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and has sold over 90 million records.

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different video projects. Iron Maiden has staged over 2,000 concerts across 63

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Iron Maiden has also released eighteen

countries. In 2018 alone, Iron Maiden played to over 750,000 fans in Europe on
the first leg of its current world tour. Iron Maiden will commence its United States
tour on July 18, 2019 and will perform approximately 27 concerts in the United
States.

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10.

Iron Maiden has received more than 400 accolades, awards and

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nominations, including Grammy Nominations for Best Metal Performance in 1994

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and 2001 and the BRIT Award for Best British Live Act in 2009. VH1 has ranked

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Iron Maiden at Number 24 in its “100 Greatest Artists of Hard Rock” and MTV

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placed Iron Maiden fourth in its “Top 10 Greatest Heavy Metal Bands of All

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Time.” Kerrang Magazine named Iron Maiden as the most important band of the

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last 25 years.

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In 2002, Iron Maiden won the Ivor Novello Award for international

achievement. The band was also inducted into the Hollywood Rock Walk in 2005.
Iron Maiden has had eight albums certified as Gold and five albums certified as
Platinum in the United States. Iron Maiden also has numerous Silver, Gold and
Platinum album awards throughout the world. Iron Maiden received the Online
Metal Award for Best Tour and Artist of the Year in 2003.
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Iron Maiden continues to sell and license the sale of a huge variety of

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IRON MAIDEN merchandise. Said merchandise includes, but is not limited to,

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computer games, clothing, beer, mugs, posters, watches, jewelry, belt buckles, key

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rings, goblets, flags, banners, coasters, patches, decals, playing cards, magnets,

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shoelaces, glow sticks, drum sticks, wristbands, skateboards and candle holders.

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Said merchandise is sold at Iron Maiden concerts and at retail stores around the

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world and through Internet sites. More than six million dollars’ worth of licensed

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Iron Maiden merchandise has been sold in just the last 12 months.

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Iron Maiden began selling Iron Maiden computer games in 1999 and

has provided computer games online since August 2015 in the United States.

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Iron Maiden released its first video game named “Ed Hunter” in 1999

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and has sold approximately 58,000 copies of that game. Iron Maiden also released

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video games named “Flight 666” in 2009 and “Final Frontier” in 2010. In 2015,

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Iron Maiden released its “Legacy of the Beast” video game. There have been more

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than 700,000 downloads of that game in the United States. The people who

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download the game collected approximately 45,000,000 characters which exhibits

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that Iron Maiden video game players actively participate in those games because

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the amount of characters collected increases with the frequency of playing the

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game. Iron Maiden songs have also been featured in numerous other video games

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including “Grand Theft Auto: Vice City”, “Guitar Hero for Xbox”, “Guitar Hero
Encore Rocks the 80s”, “Rock Band 2”, “Carmageddon II: Carpocalypse Now”,
“Tony Hawks Downhill Jam”, “Delta Force 2”,” SSX on Tour”, “Guitar Hero II”,
“Guitar Hero III: Legends of Rock”, “Grand Theft Auto IV”, “Madden NFL 10”,
“Grand Theft Auto IV: Episodes from Liberty City”, “Rock Band Blitz”,
“Rocksmith 2014”, “Angry Birds Evolution” and “Tony Hawk’s Pro Skater 4”.
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Through its continued and extensive use of the IRON MAIDEN

trademark, the IRON MAIDEN trademark has become famous and Iron Maiden

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has acquired substantial and valuable trademark rights in the IRON MAIDEN

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trademark.
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Iron Maiden is also the owner of the IRON MAIDEN trademark

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shown below and has used it since at least 1980 as a trademark for posters,

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clothing, souvenir concert programs, stickers, beer, calendars, computer games,

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photographs and decals.”

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The IRON MAIDEN trademark shown below was duly and lawfully

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registered for “inclusion on paper or cardboard products – namely, posters,

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souvenir concert programs, stickers, calendars, photographs and decals” on the

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Principal Register of the United States Patent and Trademark Office on November

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27, 1984 as U.S. Reg. No. 1,306,972 (“the ‘972 Registration”).

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The IRON MAIDEN trademark shown below was duly and lawfully

registered for “Clothing-Namely, T-Shirts, Jerseys, Sweat-Shirts, Hats, Jackets

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and Leather Wrist Bands” on the Principal Register of the United States Patent

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and Trademark Office on November 27, 1984 as U.S. Reg. No. 1,307,146 (“the

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‘146 Registration”).

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The IRON MAIDEN trademark shown below was duly and lawfully

registered for “Entertainment Services-Namely, Live Musical Entertainment
Performances Rendered by a Vocal and Instrumental Group” on the Principal
Register of the United States Patent and Trademark Office on December 4, 1984

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as U.S. Reg. No. 1,308,370 (“the ‘370 Registration”). Copies of those registrations
are attached hereto as Exhibit A.

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20.

The IRON MAIDEN trademark symbolizes business goodwill of Iron

Maiden and is an intangible asset of substantial commercial value.

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The IRON MAIDEN trademark distinguishes Iron Maiden as the

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source of its products and services, is inherently distinctive, and has further

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become distinctive through the acquisition of secondary meaning.

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The IRON MAIDEN trademark is a famous mark and represents

property of great value and goodwill to Iron Maiden.

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Iron Maiden has extensively advertised and promoted the IRON

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MAIDEN trademark in the United States and throughout the world for almost forty

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years through all available media, including, but not limited to, national print

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publications, broadcast and cable television media, retail merchants, and via the

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Internet.

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By virtue of its extensive sales and promotion, the IRON MAIDEN

trademark has become famous in the trade and to the public.

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B. Defendant’s Activities

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Defendant is selling a video game called Ion Maiden. A picture

relating to Defendant’s video is attached hereto as Exhibit B. Defendant’s Ion
Maiden name is nearly identical to the IRON MAIDEN trademark in appearance,

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sound and overall commercial impression. Defendant also uses the Ion Maiden

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name to sell merchandise including shirts and mouse pads. (Exhibit C).
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Decades after Iron Maiden first used the Iron Maiden trademark,

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Defendant began using the Ion Maiden name, without authorization, in an effort to

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confuse consumers into believing Defendant’s products and services are somehow

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affiliated with or approved by Iron Maiden.

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Defendant’s misappropriation and use of a virtually identical

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imitation of the IRON MAIDEN trademark creates a likelihood of confusion

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among consumers.

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merchandise are likely to believe that Iron Maiden is somehow affiliated with

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Defendant. The results of searches for Ion Maiden merchandise, t-shirts, posters

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and mouse pads relate to Iron Maiden. (Exhibit D).

Customers who view Defendant’s video game and

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Without even examining the content of the Ion Maiden video game,

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confusion is undeniable because of the virtually identical use of the iconic Iron

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Maiden mark for video games, a product that Iron Maiden has been selling for

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nearly 20 years, and shirts, a product that Iron Maiden has been selling for nearly

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40 years. Standing alone, those facts establish likelihood of confusion but there is

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even more evidence of likelihood of confusion. That evidence includes the fact

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that Defendant has exhibited its intent to trade off on the Iron Maiden mark by
adopting Shelly Harrison as the name of its main character which is an attempt to
copy the name of Steve Harris, an Iron Maiden founder and primary songwriter;
adopting a similar steel cut font for its Ion Maiden name knowing that Iron
Maiden also uses a steel cut font for its iconic Iron Maiden mark; creating a video
game that has the same look and feel as the Iron Maiden video game, “Legacy of
the Beast”; and choosing to use its Ion Maiden Yellow Bomb emoji in its Ion
Maiden video game and merchandise (Exhibits B and C) which is graphically

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similar to Iron Maiden’s Eddie character who appears in all of Iron Maiden’s

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video games and virtually all of Iron Maiden’s compact disc covers, t-shirts and

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other merchandise.
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There have been numerous instances of actual confusion with Iron

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Maiden fans believing that Defendants’ Ion Maiden products are related to Iron

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Maiden. Actual confusion has occurred in online articles and comments about the

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Ion Maiden video game including Iron Maiden fans: commenting that they were

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misled into believing that the Ion Maiden game was an Iron Maiden game;

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clicking on an Ion Maiden online thread thinking that the thread was related to

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Iron Maiden; reading an article about the Ion Maiden video game waiting for an

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explained connection to Iron Maiden; wondering the whole time, while reading an

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article about the Ion Maiden video game, how they (Defendant) got the license to

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use the Ion Maiden name (from Iron Maiden); expressing genuine excitement for

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an Iron Maiden video game; and commenting that “all that’s missing is an … Iron

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Maiden soundtrack” and that the Iron Maiden song “Can I Play with Madness”

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would fit right in.

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30. In addition, a review of the Ion Maiden game stated that the Ion
Maiden name references “Brit Rocker” Iron Maiden.

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undoubtedly aware of Iron Maiden’s existence and is attempting to trade off on
Iron Maiden’s notoriety because, inter alia, Defendant chose to use the virtually
exact Iron Maiden trademark and was instructed to cease and desist by Plaintiff.
In response thereto, Defendant abandoned its Ion Maiden trademark application
but chose to defiantly continue to use its Ion Maiden mark.
32.

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Defendant’s infringement is incredibly blatant. Defendant is

Defendant’s use of a mark that is a virtual imitation of the IRON

MAIDEN trademark is clearly intentional and calculated to deceive consumers.

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Such use constitutes unfair competition, and is intentionally fraudulent, malicious,

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willful and wanton. This likelihood of confusion results in significant damages to

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Iron Maiden as a result of the loss of its sales and/or licensing revenue and

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adverse consumer perception.
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Defendant has no consent, license, approval or other authorization to

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use the IRON MAIDEN or any mark confusingly similar thereto in connection

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with its products or services. Defendant’s video games, t-shirts, mouse pads and

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posters are the same type of products that Iron Maiden sells. Defendant’s goods

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and services are also offered and sold to the same classes of customers and

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through the same channels of trade as Iron Maiden’s video games, t-shirts, mouse

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pads, posters and other products.

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34.

The IRON MAIDEN trademark is of sufficient fame that,

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Defendant’s use of the Ion Maiden name would result in prospective and actual

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purchasers of Defendant’s goods and services to presume a connection with IRON

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MAIDEN.

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C. Injury to Iron Maiden and the Public

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MAIDEN trademark is likely to falsely suggest a sponsorship, connection, license,
or association of Defendant’s goods and services with Iron Maiden and/or Iron
Maiden's goods and services, thereby injuring Iron Maiden and the public.
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federally registered IRON MAIDEN trademarks.
37.

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38.

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Iron Maiden repeats and realleges each and every allegation set forth

in Paragraphs 1 to 37 of this Complaint as if fully set forth herein, and
incorporates them herein by reference.

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Iron Maiden has no adequate remedy at law.
- COUNT ONE FEDERAL TRADEMARK INFRINGEMENT
UNDER 15 U.S.C. § 1114

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Defendant’s activities have immediately and irreparably harmed and,

if not enjoined, will continue to so harm Iron Maiden and its long-used and

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Defendant’s use of a mark that is virtually identical to the IRON

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Despite Iron Maiden’s world renown prior rights in the IRON

MAIDEN trademark set forth in the Registrations attached as Exhibit A,
Defendant has, without the consent of Iron Maiden, used and continues to use in
commerce the Iron Maiden name which is a virtually exact imitation of the IRON

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MAIDEN trademark, in connection with the sale, offering for sale, distribution,

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and advertising of Defendant’s products and/or services.

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Defendant’s actions constitute willful infringement of Iron Maiden’s

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exclusive rights in the IRON MAIDEN trademark in violation of 15 U.S.C. §

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1114.

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trademark has been and continues to be done with the intent to cause confusion,
mistake and to deceive customers concerning the source and/or sponsorship of
Defendant’s products.

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Defendant’s use of a virtually exact copy of the IRON MAIDEN

As a direct and proximate result of Defendant’s conduct, Iron Maiden

has suffered irreparable harm to the valuable IRON MAIDEN trademark, and its
reputation in the industry.

Unless Defendant is restrained from further

infringement of the IRON MAIDEN trademark, Iron Maiden will continue to be
irreparably harmed.
43.

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Iron Maiden has no adequate remedy at law that will compensate it

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for the continued and irreparable harm it will suffer if Defendant’s acts are

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allowed to continue.
44.

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As a direct and proximate result of Defendant’s conduct, Iron Maiden

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has suffered damages to the valuable IRON MAIDEN trademark, and other

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damages in an amount to be proved at trial.

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- COUNT TWO FALSE DESIGNATION OF ORIGIN OR SPONSORSHIP,
FALSE ADVERTISING AND TRADEMARK
INFRINGEMENT UNDER 15 U.S.C. § 1125(a)

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45.

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Iron Maiden repeats and realleges each and every allegation set forth

in Paragraphs 1 to 37 and 39 to 44 of this Complaint as if fully set forth herein,
and incorporates them herein by reference.
46.

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Defendant has knowingly used and continues to use in commerce its

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Ion Maiden name, that is confusingly similar and/or a virtually exact duplicate of

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the IRON MAIDEN trademark in connection with products that Defendant

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manufactures, advertises, promotes and sells and services that it renders.

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Defendant has used a virtually exact duplicate of the IRON MAIDEN trademark

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knowing that its name will cause confusion with Iron Maiden’s products and

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services.

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Defendant’s use of the Iron Maiden name, to confuse, mislead, or

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deceive customers, purchasers, and members of the general public as to the origin,

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source, sponsorship, or affiliation of Defendant’s products and services, is likely

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to cause consumers to believe in error that Defendant’s products have been

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authorized, sponsored, approved, endorsed, or licensed by Iron Maiden or that
Defendant is in some way affiliated with Iron Maiden or with the IRON MAIDEN
trademark.

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48.

Defendant’s acts constitute false and misleading descriptions, false

advertising, and false designations of the origin and/or sponsorship of Defendant’s
goods and services, and constitute trademark infringement in violation of 15
U.S.C. § 1125(a).

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49.

By reason of Defendant’s actions, Iron Maiden has suffered

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irreparable harm to the valuable IRON MAIDEN trademark. Unless Defendant is

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restrained from its actions, Iron Maiden will continue to be irreparably harmed.

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Iron Maiden has no remedy at law that will compensate it for the

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continued and irreparable harm that will be caused if Defendant’s acts are allowed

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to continue.

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As a direct and proximate result of Defendant’s conduct, Iron Maiden

has suffered damages to the valuable IRON MAIDEN trademark, and other
damages in an amount to be proved at trial.

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- COUNT THREE –
TRADEMARK DILUTION UNDER 15 U.S.C. § 1125(c)

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52.

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Iron Maiden repeats and realleges each and every allegation set forth

in Paragraphs 1 to 37, 39 to 44 and 46 to 51 of this Complaint as if fully set forth
herein, and incorporates them herein by reference.
53.

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By virtue of Iron Maiden’s long and continuous use of the IRON

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MAIDEN trademark in interstate commerce, its mark has become and continues to

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be famous within the meaning of 15 U.S.C. § 1125(c). As such, this mark is

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eligible for protection against dilution pursuant to 15 U.S.C. § 1125(c).
54.

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Defendant’s use of a virtually exact copy of the IRON MAIDEN

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trademark in connection with advertising, promotion and sale of its computer game

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and merchandise, as described hereinabove, has threatened to cause, and has

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caused, dilution of the distinctive quality of Iron Maiden’s famous IRON

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MAIDEN trademark by lessening its capacity to identify Iron Maiden’s goods in

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violation of 15 U.S.C. § 1125(c).

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55.

Iron Maiden has no adequate remedy at law that will compensate it for

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the continued and irreparable harm it will suffer if Defendant’s acts are allowed to

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continue.

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56.

As a direct and proximate result of Defendant’s conduct, Iron Maiden

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has suffered damages to the valuable IRON MAIDEN trademark, and other

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damages in an amount to be proved at trial.

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- COUNT FOUR COMMON LAW TRADEMARK
AND TRADE NAME INFRINGEMENT

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57.

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Iron Maiden repeats and realleges each and every allegation set forth

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in Paragraphs 1 to 37, 39 to 44, 46 to 51 and 53 to 56 of this Complaint as if fully

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set forth herein, and incorporates them herein by reference.

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58.

Defendant has violated Iron Maiden’s exclusive common law rights in

the IRON MAIDEN trademark.

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59.

Iron Maiden has continuously used its IRON MAIDEN trademark to

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identify its goods in California and elsewhere and to distinguish its goods from

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goods of a different origin. As such, Iron Maiden has common law rights to the

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IRON MAIDEN trademark.

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60.

and trade name infringement under the common laws of the United States,
including California.

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61.

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Defendant’s acts described above constitute trade mark infringement

Iron Maiden has no adequate remedy at law that will compensate it for

the continued and irreparable harm it will suffer if Defendant’s acts are allowed to
continue.

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62.

As a direct and proximate result of Defendant’s conduct, Iron Maiden

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has suffered damages to the valuable IRON MAIDEN trademark, and other

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damages in an amount to be proved at trial.

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- COUNT FIVE UNFAIR COMPETITION
CAL. BUS. & PROF. CODE §17200 ET SEQ.

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63.

Iron Maiden repeats and realleges each and every allegation set forth

in Paragraphs 1 to 37, 39 to 44, 46 to 51, 53 to 56 and 58 to 62 of this Complaint as
if fully set forth herein, and incorporates them herein by reference.

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64.

Defendant’s acts, as alleged herein, have impaired Iron Maiden’s

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goodwill, have created a likelihood of confusion, and have otherwise adversely

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affected Iron Maiden’s business and reputation. These acts constitute unfair

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competition in violation of California Business and Professions Code §§17200 et
seq. and California common law.

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65.

the continued and irreparable harm it will suffer if Defendant’s acts are allowed to
continue.
66.

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Iron Maiden has no adequate remedy at law that will compensate it for

As a direct and proximate result of Defendant’s conduct, Iron Maiden

has suffered damages to the valuable IRON MAIDEN trademark, and other
damages in an amount to be proved at trial.

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PRAYER FOR RELIEF

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WHEREFORE, Iron Maiden demands entry of a judgment granting relief

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against Defendants as follows:

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A.

A ruling that Defendant has violated 15 U.S.C. § 1114(a), that Iron

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Maiden has been damaged by such violations, and that the Defendant is liable to

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Iron Maiden for such violations;

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B.

A ruling that Defendant has violated 15 U.S.C. § 1125(a), that Iron

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Maiden has been damaged by such violations, and that the Defendant is liable to

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Iron Maiden for such violations;

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C.

Maiden has been damaged by such violations and that Defendant is liable to Iron
Maiden for such violations;

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D.

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A ruling that Defendant has committed common law trademark

infringement and unfair competition, that Iron Maiden has been damaged by such
infringement, and Defendant is liable to Iron Maiden for common law trademark
infringement;
E.

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A ruling that Defendant has violated 15 U.S.C. § 1125(c), that Iron

A ruling that Defendant has violated Cal. Bus. & Prof. Code §17200

et seq.;
F.

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An Order requiring Defendant to pay Iron Maiden compensatory

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damages in an amount as yet undetermined caused by the foregoing acts, and

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trebling such damages in accordance with 15 U.S.C. § 1117, and other applicable

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laws;
G.

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An Order requiring Defendant to pay Iron Maiden statutory damages

of $2,000,000.00 in accordance with 15 U.S.C. § 1117(c);

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H.

An Order requiring Defendant to either cancel registration of the

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domain name ionmaiden.com or transfer the ownership of that registration to Iron

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Maiden;

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I.

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A ruling that Defendant has no right or authority to issue, grant,

register, license, or otherwise authorize use of and/or use, copy, reproduce, or

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 Case 2:19-cv-04606-DSF-JC Document 1 Filed 05/28/19 Page 17 of 20 Page ID #:17

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display the IRON MAIDEN trademark or confusingly similar marks, including,

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but not limited to, the Ion Maiden name, in connection with selling, advertising, or

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promoting Defendant’s products without Iron Maiden’s consent;

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J.
willful;

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K.

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A ruling that this case is “exceptional,” in the sense of 15 U.S.C. §

1117(a);

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A ruling that Defendant’s violation of Iron Maiden’s rights has been

L.

Under all claims for relief, that the Court issue temporary,

preliminary, and permanent injunctions and/or restraining orders enjoining
Defendant, its employees, agents, successors and assigns, and all those in active
concert and/or in participation with it, and each of them who receives notice
directly or otherwise of such injunctions, from:
(1)

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imitating, copying, or making any unauthorized use of the
IRON MAIDEN trademark, including, without limitation to,

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making any unauthorized use of the Ion Maiden name;

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(2)

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importing, manufacturing, producing, distributing, circulating,

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selling, offering for sale, advertising, promoting or displaying

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any services or products using the IRON MAIDEN trademark

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or any other simulation, reproduction, counterfeit, copy, or

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colorable imitation of the IRON MAIDEN trademark,

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including, without limitation to, the Ion Maiden name;

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(3)

using the Iron Maiden name or any other any simulation,

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reproduction, counterfeit, copy or colorable imitation of the

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IRON MAIDEN trademark, including, without limitation to,

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the Ion Maiden name, in connection with the promotion,

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advertisement, display, sale, offer for sale, manufacture,

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production, circulation or distribution of any product or service;

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(4)

using any false designation of origin or false description

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including, without limitation, any letters, symbols, or designs

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constituting the IRON MAIDEN trademark or performing any

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act which can, or is likely to, lead members of the trade or

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public to believe that any service or product manufactured,

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distributed or sold by Defendant is in any manner associated or

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connected with Iron Maiden, or the IRON MAIDEN trademark,

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or is sold, manufactured, licensed, sponsored, approved or

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authorized by Iron Maiden;

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M.

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trademark application(s) or registration(s) of the Ion Maiden mark or name;
N.

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An Order that Defendant immediately expressly abandon all pending

For an Order directing that Defendant deliver for destruction all

products, labels, tags, signs, prints, packages, videos, and advertisements in their

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possession or under their control, bearing or using the Ion Maiden name or any

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other simulation, reproduction, counterfeit, copy or colorable imitation of the

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IRON MAIDEN trademark, and all plates, molds, matrices and other means of

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making the same, pursuant to 15 U.S.C. § 1118;
O.

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An Order directing such other relief as the Court may deem

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appropriate to prevent the trade and public from deriving the erroneous impression

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that any service or product manufactured, sold or otherwise circulated or promoted

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by Defendant is authorized by Iron Maiden or is related in any way to Iron

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Maiden’s products and/or services;

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P.

An Order directing Defendant and its agents, employees, servants,

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attorneys, successors, and assigns, and all others in privity or acting in concert

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therewith, to file with this Court, and serve upon Iron Maiden’s counsel within

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thirty (30) days after entry of such judgment, a written report under oath, setting

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forth in detail the manner and form in which it has complied with such judgment;

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Q.

An Order permitting Iron Maiden, and/or auditors of Iron Maiden, to

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audit and inspect the books, records, and premises of Defendant and related

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corporations for a period of six (6) months after entry of final relief in this matter,

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to determine the scope of Defendant’s past use of Iron Maiden’s intellectual

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property, including all manufacturing, distribution, and sales of products bearing
the Ion Maiden name, as well as Defendant’s compliance with the orders of this
Court;

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R.

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action, including Iron Maiden’s reasonable attorneys’ fees;
S.

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through the use of the Ion Maiden name;
T.

An award of interest, including pre-judgment interest on the foregoing

sums; and
U.

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An Order requiring Defendant to file with the Court and provide to

Iron Maiden’s attorney an accounting of all sales and profits realized by Defendant

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An award of Iron Maiden’s costs and disbursements incurred in this

For such other and further relief as the Court may deem just and

proper.

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JURY DEMAND

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Plaintiff Iron Maiden demands trial by jury for all issues so triable.

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Dated: May 28, 2019

Respectfully submitted,

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s/Kenneth A. Feinswog
Kenneth A. Feinswog, Esq.
Attorney for Plaintiff
400 Corporate Pointe, Suite 300
Culver City, CA 90230
Telephone: 310-846-5800
Facsimile: 310-846-5801
kfeinswog@gmail.com

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