Cat3 v. Black Lineage - SLAMXHYPE PDF

Case 1:14-cv-05511-AT-JCF Document 74 Filed 09/27/15 Page 1 of 22
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
----------------------------------------Cat3, LLC, a New Jersey limited liability company,
SXH, LLC, a New Jersey limited liability company,
and Suchman, LLC, a New Jersey limited liability
company,
Plaintiffs,
- against -
x
:
:
:
:
:
:
:
BLACK LINEAGE, INC., a California corporation, :
and VAHE ESTEPANIAN a/k/a FLETCH
:
ESTEPANIAN,
:
Defendants.
:
----------------------------------------- X
14-CV-5511 (AT)(JF)
SECOND AMENDED
COMPLAINT FOR DAMAGES
AND INJUNCTIVE RELIEF
JURY TRIAL DEMANDED
Plaintiffs Cat3, LLC (Cat3), SXH, LLC (SXH), and Suchman, LLC
(Suchman) (collectively Plaintiffs), by and through their undersigned attorneys, for
their Complaint against Defendants Black Lineage, Inc. (Black Lineage) and Vahe
Estepanian (Estepanian) (collectively Defendants), allege as follows:
NATURE OF THE ACTION
1.
This is an action for trademark infringement, false designation of origin and
unfair competition, under the federal Lanham Act and New York state common law, as well
as for cybersquatting under the Lanham Act and dilution under New York General Business
Law 360-l.
2.
Plaintiffs are the owners and exclusive licensees of all trademark and related
rights in the trademarks XHYPE, SLAMXHYPE, and the domain name

www.SLAMXHYPE.com for use in connection with a website and magazine with content
in the fields of style, fashion, culture, art and entertainment, and in connection with the sale
of clothing, through brick-and-mortar retail stores and on-line.
3.
This action stems from the fact that Defendants, with full knowledge of
Plaintiffs rights in and to the trademarks XHYPE, SLAMXHYPE, and the domain name
www.SLAMXHYPE.com, have adopted and are using the trademark FLASHXHYPE and
the domain name www.FLASHXHYPE.com in association with the sale of identical,
substantially similar and/or directly related goods and/or services.
4.
Plaintiffs seek injunctive relief, monetary damages, including but not limited
to compensatory and punitive damages, and an order requiring Defendants to transfer to

Plaintiffs the www.FLASHXHYPE.com domain name.
THE PARTIES
5.
Plaintiff Cat3, LLC is a limited liability company organized and existing
under the laws of the State of New Jersey, with a principal place of business at 501 Tenth
Avenue, Floor 7, New York, New York 10018.
6.
Plaintiff SXH, LLC is a limited liability company organized and existing
7.
Plaintiff Suchman, LLC is a limited liability company organized and existing
8.
Upon information and belief, Defendant Black Lineage, Inc. is a corporation
organized and existing under the laws of the State of California, with a principal place of
business at 370 Myrtle Street, #308, Glendale, California 91203.
9.
Upon information and belief, Defendant Vahe Estepanian a/k/a Fletch
Estepanian is a citizen of California, the owner of Black Lineage, Inc., and maintains a place
of business at 370 Myrtle Street, #308, Glendale, California 91203.
JURISDICTION AND VENUE
10.
This Court has subject matter jurisdiction over the claims in this action
pursuant to 15 U.S.C. 1121 of the Lanham Act and 28 U.S.C. 1331, 1338(a) and
1338(b). The Court has supplemental subject matter jurisdiction over the New York state
law claims in this action pursuant to 28 U.S.C. 1367(a).
11.
This Court has personal jurisdiction over Defendants pursuant to New York
Civil Practice Law and Rules, 301 and 302(a), because, upon information and belief:
(i) Defendants transact business in New York and contract to supply goods or services in
New York; (ii) Defendants have committed acts outside of New York which have caused
injury to Plaintiffs in New York; and/or (iii) Defendants regularly conduct or solicit
business in New York and/or derive substantial revenue from the sale of goods or services
in New York.
12.
Venue is proper in this district pursuant to 28 U.S.C. 1391(b), because, upon
information and belief, Defendants are subject to personal jurisdiction in this district, a
substantial part of the events which give rise to this action have occurred in this district, and
Plaintiffs have suffered harm from Defendants conduct in this district.
FACTS COMMON TO ALL CAUSES OF ACTION

Noise Medias Launch and Operation of the SLAMXHYPE Brand
13.
At least as early as 2005, Noise Media, Ltd. (Noise Media) launched a
website at the domain name www.SLAMXHYPE.com (the SLAMXHYPE Website), the

purpose of which was, among other things, to serve as a digital portal for news about street
culture, including but not limited to street art sightings, art shows, and clothing and footwear
trends. Attached as Exhibit A is a true and correct copy of the homepage of the
SLAMXHYPE Website.
14.
In the years following 2005, as street culture blended with fashion and design
and became more commercial, Noise Media began to sell merchandise on the
SLAMXHYPE Website, including but not limited to clothing, such as t-shirts and baseball
caps, toys and headphones.
15.
During this time, the SLAMXHYPE Website developed a substantial
viewership and the volume of its sales of merchandise increased significantly.

16.
Due to the substantial viewership and merchandise sales of the
SLAMXHYPE Website, consumers began to associate the term SLAMXHYPE with street
culture news and clothing, thereby firmly establishing SLAMXHYPE as a strong trademark
identifying the goods and services of Noise Media.
Plaintiffs Rights in the SLAMXHYPE Trademark
17.
The terms Marc Ecko Enterprises and/or The Collective refer to one or
more groups of affiliated companies. These companies include, without limitation, Plaintiff
Cat3, LLC, Plaintiff SXH, LLC, Plaintiff Suchman, LLC and non-party MEE Direct, LLC
(MEE Direct).
18.
At all relevant times through and including April 1, 2014, MEE Direct owned
and operated a nationwide chain of retail clothing stores branded under the trademarks
Ecko Unltd. and Marc Ecko. MEE Direct made use of the Ecko Unltd. and Marc
Ecko marks pursuant to a trademark license set to expire in 2015.
19.
In order to plan for its future, one or more companies forming part of Marc
Ecko Enterprises and/or The Collective made the decision, at least as early as early 2013, to
acquire ownership of Noise Medias SLAMXHYPE business, to continue operation of the
SLAMXHYPE Website, and to change the name of its retail clothing stores from Ecko
Unltd. and/or Marc Ecko to SLAMXHYPE.
20.
The reason that Marc Ecko Enterprises and/or The Collective desired and
decided to acquire ownership of Noise Medias SLAMXHYPE business, to continue

operation of the SLAMXHYPE Website, and to convert the branding of its retail store chain
to SLAMXHYPE was, among other things, to capitalize upon the synergies between its
clothing businesses and the SLAMXHYPE website, which had a huge audience and
substantial popularity and good will.
21.
In June 2013, to effectuate its rebranding decision, one of Marc Ecko
Enterprises companies acquired all the intellectual property and other assets of Noise
Media in any way relating to the SLAMXHYPE mark and SLAMXHYPE Website,
including but not limited to the trademark SLAMXHYPE, the domain name
www.SLAMXHYPE.com, and all rights in and to the SLAMXHYPE Website.
5
22.
Following such acquisition, (a) all intellectual property rights in and relating
to the SLAMXHYPE business, including without limitation the SLAMXHYPE trademark,

were transferred to Plaintiff Cat3, LLC; and (b) all assets of Noise Media relating to the
SLAMXHYPE business other than intellectual property rights were transferred to Plaintiff
SXH, LLC.
23.
On June 3, 2013, prior to the date upon which the Defendants made any use
of the FLASHXHYPE trademark, Plaintiff Cat3 filed U.S. Trademark Application Serial
No. 85/949,247, which covers the mark SLAMXHYPE for use on and in connection with
Clothing, namely, shirts, sweatshirts, pants, jeans, shorts, socks, belts, sleepwear,
underwear, swimwear, jackets and coats; footwear; headwear and for Retail store and online store services featuring clothing, footwear and headwear. The USPTO has issued a
Notice of Allowance for this application.
24.
On June 17, 2013, prior to the date upon which the Defendants made any use
of the FLASHXHYPE trademark, Plaintiff Cat3 filed U.S. Trademark Application Serial
No. 85/961,419, which covers the mark SLAMXHYPE for use on and in connection with
Magazines in the fields of culture, art, fashion, lifestyle, sports and/or entertainment
provision of a web site featuring information on pop culture, cultural events, art, sports,
music and/or entertainment and provision of a web site featuring information on fashion
and lifestyles.
25.
On September 9, 2014, the USPTO issued Plaintiffs a federal trademark
registration, Registration No. 4,602,820, for the mark SLAMXHYPE for use in association
with a web site featuring information on fashion and lifestyles, in Class 45, and featuring
6
information on pop culture, cultural events, art, sports, music and/or entertainment, in Class
41, based upon the trademark application Plaintiffs filed on June 17, 2013. Attached as
Exhibit B is a true and correct copy of this trademark registration. The date of first use in
commerce for this trademark was at least as early as July 1, 2003.
26.
On August 11, 2015, the USPTO issued Plaintiffs a federal trademark
registration, Registration No. 4,791,114, for the mark SLAMXHYPE for use in association
with Retail store services featuring clothing, footwear, and headwear, in Class 35, based
upon the trademark application Plaintiffs filed on June 3, 2013. Attached as Exhibit C is a
true and correct copy of this trademark registration. The date of first use in commerce for
this trademark was at least as early as April 10, 2015.
27.
At all relevant times since its acquisition of the SLAMXHYPE Website,
Plaintiff SXH, and/or its affiliates, have continued to operate the SLAMXHYPE Website,
including without limitation, as it relates to clothing and offering content in the fields of
style, fashion, culture, art and entertainment.
28.
On or about April 2, 2014, MEE Direct filed for Chapter 11 bankruptcy. At
that time, MEE Directs primary and most valuable set of assets included its leasehold rights
in approximately one hundred (100) different retail stores across the country (the Retail
Leases). The Retail Leases covered very valuable and premium spaces, including from
well-known landlords operating on a nationwide basis.
29.
On or about June 1, 2014, the U.S. Bankruptcy Court entered a Sale Order
pursuant to which MEE Directs assets, including without limitation twenty-eight (28) of
the Retail Leases, were assumed by and assigned to Plaintiff Suchman. Plaintiff Suchman
7
paid more than Twelve Million Dollars ($12,000,000) for those assets, primarily comprising
the Retail Leases.
30.
Plaintiff Suchman purchased the Retail Leases for the sole purpose of using
them for operation of retail clothing stores branded under the trademark SLAMXHYPE,
and would not have acquired these assets were it not for its ability to use the Retail Leases
for operation of clothing stores branded under the trademark SLAMXHYPE.
31.
Indeed, the U.S. Bankruptcy Court and each of the landlords which were
parties to the Retail Leases were well aware of Plaintiff Suchmans interest in acquiring
these assets only for the purpose of operating stores under the trademark SLAMXHYPE,
and the bankruptcy court as well as each of those landlords expressly consented and agreed
to such in the course of the bankruptcy proceeding.
Plaintiffs Rights in the XHYPE Trademark
32.
On July 21, 2015, the USPTO issued Plaintiff Cat3, LLC a federal trademark
registration, Registration No. 4,778,763, for the mark XHYPE for use in association with
retail store service featuring clothing, footwear, headwear, fragrances, watches, eyewear
and accessories, in Class 35, a web site featuring information on fashion styles and
lifestyles, in Class 45, and featuring information on pop culture, cultural events, art,
sports, music and/or entertainment, in Class 41. Attached as Exhibit D is a true and correct
copy of this trademark registration. The date of first use in commerce for this trademark was
at least as early as July 1, 2003.
Defendants Unlawful Conduct

33.
Upon information and belief, in or around 2011, Black Lineage, Inc., a
company owned and operated by Defendant Vahe Estepanian (a/k/a Fletch Estepanian),
began to manufacture clothing and sell it wholesale and retail, under the trademark ARSNL,
through a website with the domain name www.ARSNLClothing.com.
34.
Throughout the course of 2013, one or more employees of Marc Ecko
Enterprises and/or The Collective repeatedly had business dealings with Defendant
Estepanian. By way of example, during that time period, one or more entities forming part
of Marc Ecko Enterprises and/or The Collective purchased products from Defendant
Estepanian and/or his ARSNL business.
35.
In the course of the aforementioned business dealings, employees of Marc
Ecko Enterprises and/or The Collective specifically made Defendant Estepanian aware that
Plaintiffs had acquired the rights in and to the trademarks XHYPE, SLAMXHYPE, and the
SLAMXHYPE Website, and of Plaintiffs plans to expand the SLAMXHYPE business into
a chain of retail clothing stores. All of this occurred prior to the date that Defendants
acquired the www.FLASHXHYPE domain name and/or otherwise adopted the trademark
FLASHXHYPE.
36.
Defendant Estepanian, himself and through Defendant Black Lineage, preyed
upon the information provided by Plaintiffs and/or their affiliates forming part of Marc
Ecko Enterprises and/or The Collective. Defendants used such information for purposes of
developing a trademark, FLASHXHYPE, that would confuse consumers and falsely convey
an association with Plaintiffs and their trademarks XHYPE and SLAMXHYPE.
9
37.
Upon information and belief, on August 23, 2013, after one or more
employees of Plaintiffs and/or their affiliates forming part of Marc Ecko Enterprises and/or
The Collective had disclosed to Defendant Estepanian Plaintiffs plans to rebrand their
business as SLAMXHYPE, Defendant Black Lineage registered the domain name
www.FLASHXHYPE.com. Attached as Exhibit E is a true and correct copy of the
information, displayed upon conducting a WHOIS seach, reflecting registration of the
domain name www.FLASHXHYPE.com.
38.
Thereafter, on November 29, 2013, Defendant Black Lineage launched a
website (the FLASHXHYPE Website) with content identical, substantially similar and/or
directly related to that offered by Plaintiffs at www.SLAMXHYPE.com. Attached as
Exhibit F is a true and correct copy of the homepage of the FLASHXHYPE Website.
39.
Defendant Black Lineages website www.FLASHXHYPE.com has a very
similar look and feel to Plaintiffs SLAMXHYPE Website.

40.
Like the SLAMXHYPE Website, the FLASHXHYPE Website contains a
blog section which offers articles on street culture.

41.
Like Plaintiffs, which operate under the name The Collective, the
FLASHXHYPE Website describes its business as a collective.

42.
Upon information and belief, Black Lineages former website,
www.ARSNLClothing.com, did not contain any articles on street culture and did not
describe itself as a collective.
43.
Upon information and belief, since Black Lineage transferred its business
from the domain name www.ARSNLClothing.com to the domain name

10
www.FLASHXHYPE.com, the FLASHXHYPE Website has experienced a dramatic

increase in traffic and sales.
44.
Upon information and belief, Black Lineages dramatic increase in traffic and
sales is attributable in whole or part to the reputation and good will of Plaintiffs trademarks
XHYPE and SLAMXHYPE, and occurred because consumers are confused into believing
that the FLASHXHYPE Website is associated, affiliated or connected with Plaintiffs and
the SLAMXHYPE Website, which has developed a substantial presence in the street culture
marketplace over a period of almost nine (9) years.
45.
In February 2014, at an Agenda trade show in Long Beach, California,
several attendees expressed actual confusion between Plaintiffs website and Defendants
website, falsely believing that the FLASHXHYPE Website is associated, affiliated or
connected with Plaintiffs SLAMXHYPE Website.
46.
Upon information and belief, in April 2014, Black Lineage launched an
iPhone app which enables iPhone users to access its FLASHXHYPE Website and purchase
clothing from it using their cell phones.
47.
Upon information and belief, Black Lineage intends to sell clothing and/or
other merchandise displaying the term FLASHXHYPE in the near future.

48.
Upon information and belief, Defendant Estepanian has directed, and is the
motivating force behind, all of Black Lineages actions related to its use of the term
FLASHXHYPE in its business.
49.
Upon information and belief, through its ever more expansive efforts to
rebrand itself as FLASHXHYPE, Defendants are intentionally and deliberately attempting

11
to trade upon the substantial reputation and goodwill of the trademarks XHYPE and
SLAMXHYPE, which Plaintiffs and this trademarks previous owner, Noise Media, have
developed over the previous nine (9) years.
50.
Defendants actions have caused, and unless enjoined will continue to cause,
significant irreparable harm to the substantial value of Plaintiffs trademarks XHYPE and
SLAMXHYPE.
COUNT I
TRADEMARK INFRINGEMENT OF SLAMXHYPE REG. NO. 4,602,820
UNDER 15 U.S.C. 1114(1)
51.
Plaintiffs repeat and incorporate by reference the allegations in paragraphs 1
through 50 as if fully set forth herein.

52.
Defendants use of the trademark FLASHXHYPE is likely to confuse the
purchasing public into falsely believing that Plaintiffs, who, themselves and through their
predecessor-in-interest Noise Media, have employed the trademark SLAMXHYPE since at
least as early as 2005, are the origin, sponsor and source of the FLASHXHYPE Website
and the products sold thereon.
53.
The FLASHXHYPE Website offers goods and services, clothing items and
articles on street culture and fashion, which are identical or substantially similar to or
directly related to the goods and services offered by Plaintiffs on the SLAMXHYPE
Website.
54.
Defendants adopted the trademark FLASHXHYPE without Plaintiffs
authorization and with the intent to willfully, deliberately and in bad faith deceive
consumers as to the source, sponsorship or origin of Defendants goods and specifically to
12
cause consumers to believe that Defendants goods are sponsored by, affiliated with,
approved by or otherwise connected with Plaintiffs.
55.
As a consequence of their aforesaid conduct, Defendants have used a
reproduction, copy or colorable imitation of Plaintiffs registered trademark in connection

with the sale of their goods and services which is likely to cause confusion in violation of
the Lanham Act, 15 U.S.C. 1114(1).
56.
Defendants conduct has caused, and if not enjoined will continue to cause,
irreparable injury to the goodwill and reputation established by Plaintiffs in their trademark
SLAMXHYPE.
57.
Plaintiffs have no adequate remedy at law.
COUNT II
TRADEMARK INFRINGEMENT OF SLAMXHYPE REG. NO. 4,791,114
UNDER 15 U.S.C. 1114(1)
58.
through 57as if fully set forth herein.

59.
60.
13
Website and through its retail stores.
61.
62.

63.
SLAMXHYPE.
64.

COUNT III
FALSE DESIGNATION OF ORIGIN AND
UNFAIR COMPETITION UNDER 15 U.S.C. 1125(a)
65.

66.
14
67.
Website.
68.
69.
As a consequence of their aforesaid conduct, Defendants have falsely
designated the origin of their goods and have engaged in unfair competition in violation of
Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a).
70.
SLAMXHYPE.
71.

COUNT IV
UNFAIR COMPETITION UNDER NEW YORK COMMON LAW
72.

15
73.
74.
articles on street culture and fashion, which are identical or substantially similar to the
goods and services offered by Plaintiffs on the SLAMXHYPE Website.
75.
76.
As a consequence of their aforesaid conduct, Defendants have engaged in
unfair competition in violation of New York common law.

77.
SLAMXHYPE.
78.
By the aforesaid conduct, Defendants have made and will continue to make
substantial profits and gains to which they are not entitled.

79.
16
COUNT V
DILUTION UNDER NEW YORK GENERAL BUSINESS LAW 360-l
80.

81.
Plaintiffs trademark SLAMXHYPE is unique and distinctive.
82.
Defendants trademark FLASHXHYPE is substantially similar to Plaintiffs
trademark SLAMXHYPE.
83.
Defendants use of the trademark FLASHXHYPE is likely to dilute
Plaintiffs trademark SLAMXHYPE by blurring consumers identification of Plaintiffs

goods and services with Plaintiffs trademark SLAMXHYPE and/or tarnishing the
affirmative association which Plaintiffs SLAMXHYPE trademark has come to convey.
84.
SLAMXHYPE.
85.
By the aforesaid conduct, Defendants have made and will continue to make
substantial profits and gains to which they are not entitled.

86.

COUNT VI
CYBERSQUATTING
UNDER 15 U.S.C. 1125(d)
87.

88.
Defendants have registered and employed the domain name
www.FLASHXHYPE.com, which is similar to, and likely to cause confusion with,

17
Plaintiffs domain name, www.SLAMXHYPE.com, which Plaintiffs, through their

predecessor-in-interest Noise Media, registered and have used since at least as early as
2005.
89.
On the FLASHXHYPE Website, Defendants offer goods and services,
clothing items and articles on street culture and fashion, which are identical or substantially
similar to the goods and services offered by Plaintiffs on their SLAMXHYPE Website.
90.
Defendants registered and employ the domain name
www.FLASHXHYPE.com in order to profit from Plaintiffs www.SLAMXHYPE.com

domain name in bad faith and with the intent to deceive consumers into believing that
Defendants FLASHXHYPE Website is sponsored by, affiliated with, approved by or
otherwise connected to Plaintiffs.
91.
Defendants actions with respect to the domain name
www.FLASHXHYPE.com constitute cybersquatting in violation of Section 43(d) of the

Lanham Act, 15 U.S.C. 1125(d).
COUNT VII
TRADEMARK INFRINGEMENT OF XHYPE UNDER 15 U.S.C. 1114(1)
92.

93.
predecessor-in-interest Noise Media, have employed the trademark XHYPE since at least as
18
early as 2003, are the origin, sponsor and source of the FLASHXHYPE Website and the
products sold thereon.
94.
directly related to the goods and services offered by Plaintiffs under the XHYPE mark.
95.
96.

97.
XHYPE.
98.
19
PRAYER FOR RELIEF

WHEREFORE, Plaintiffs respectfully pray for judgment as follows:
1.
An order permanently enjoining Defendants from:

a.
using the trademark FLASHXHYPE, or any other similar name or

trademark which is confusingly similar to the trademarks XHYPE or
SLAMXHYPE, in connection with the sale, offering for sale,
promotion, advertising, marketing, manufacture, production,
importation or distribution, including but not limited to through a
website or cell phone app, of clothing or any related goods, or in
connection with any publication, including but not limited to on-line
and print publications, containing articles, news or any information
related to the fields of style, fashion, culture, art and entertainment;
b.
using the domain name www.FLASHXHYPE.com, or any other

similar domain name which is confusingly similar to the domain name
www.SLAMXHYPE.com, in connection with the sale, offering for
sale, promotion, advertising, marketing, manufacture, production,
importation or distribution of clothing or any related goods, or in
connection with any publication, including but not limited to on-line
and print publications, containing articles, news or any information
related to the fields of style, fashion, culture, art and entertainment;
2.
An order directing Defendants to transfer the domain name

www.FLASHXHYPE.com to Plaintiffs;
20
3.
An order awarding Plaintiffs all monetary damages, pursuant to 15 U.S.C.

1117, which they have sustained as a consequence of Defendants unfair
competition in violation of 15 U.S.C. 1125(a);
4.
An order awarding Plaintiffs all monetary damages, pursuant to 15 U.S.C.

1117, which they have sustained as a consequence of Defendants trademark
infringement in violation of 15 U.S.C. 1114(1);
5.
An order awarding Plaintiffs enhanced statutory and treble damages,

pursuant to 15 U.S.C. 1117(a) & (b), due to Defendants willful and
intentional violation of Plaintiffs rights under the Lanham Act;
6.
An order awarding Plaintiffs all monetary damages which they have sustained
as a consequence of Defendants violation of the New York common law of
unfair competition;
7.
An order awarding Plaintiffs all monetary damages which they have sustained
as a consequence of Defendants violation of New York General Business
Law 360-l prohibiting dilution of a trademark;
8.
An order awarding Plaintiffs all costs which they have incurred to bring this
action, including but not limited to attorneys fees, pursuant to 15 U.S.C.
1117(a) and any applicable New York state law; and
9.
An order awarding Plaintiffs any such other relief as the Court deems just and
proper.
JURY DEMAND
Plaintiffs demand a trial by jury for all issues so triable.
21
Dated: September 27, 2015
Respectfully Submitted,
s/ Nicholas R. Lewis
Nicholas R. Lewis
nlewisesq@gmail.com
Florida Bar No. 16146
3873 NE 22nd Way
Lighthouse Point, Florida 33064
(954) 662-8664
Attorney for Plaintiffs Cat3, LLC, SXH, LLC,
and Suchman, LLC
22

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Case 1:14-cv-05511-AT-JCF Document 74 Filed 09/27/15 Page 1 of 22

UNITED STATES DISTRICT COURT

This is an action for trademark infringement, false designation of origin and

rights in the trademarks XHYPE, SLAMXHYPE, and the domain name

Case 1:14-cv-05511-AT-JCF Document 74 Filed 09/27/15 Page 2 of 22

to compensatory and punitive damages, and an order requiring Defendants to transfer to

Plaintiff Cat3, LLC is a limited liability company organized and existing

Plaintiff SXH, LLC is a limited liability company organized and existing

Plaintiff Suchman, LLC is a limited liability company organized and existing

Upon information and belief, Defendant Black Lineage, Inc. is a corporation

Case 1:14-cv-05511-AT-JCF Document 74 Filed 09/27/15 Page 3 of 22

Upon information and belief, Defendant Vahe Estepanian a/k/a Fletch

Venue is proper in this district pursuant to 28 U.S.C. 1391(b), because, upon

Case 1:14-cv-05511-AT-JCF Document 74 Filed 09/27/15 Page 4 of 22

FACTS COMMON TO ALL CAUSES OF ACTION

At least as early as 2005, Noise Media, Ltd. (Noise Media) launched a

website at the domain name www.SLAMXHYPE.com (the SLAMXHYPE Website), the

During this time, the SLAMXHYPE Website developed a substantial

viewership and the volume of its sales of merchandise increased significantly.

Due to the substantial viewership and merchandise sales of the

Case 1:14-cv-05511-AT-JCF Document 74 Filed 09/27/15 Page 5 of 22

decided to acquire ownership of Noise Medias SLAMXHYPE business, to continue

In June 2013, to effectuate its rebranding decision, one of Marc Ecko

Case 1:14-cv-05511-AT-JCF Document 74 Filed 09/27/15 Page 6 of 22

to the SLAMXHYPE business, including without limitation the SLAMXHYPE trademark,

On September 9, 2014, the USPTO issued Plaintiffs a federal trademark

Case 1:14-cv-05511-AT-JCF Document 74 Filed 09/27/15 Page 7 of 22

On August 11, 2015, the USPTO issued Plaintiffs a federal trademark

At all relevant times since its acquisition of the SLAMXHYPE Website,

On or about April 2, 2014, MEE Direct filed for Chapter 11 bankruptcy. At

Case 1:14-cv-05511-AT-JCF Document 74 Filed 09/27/15 Page 8 of 22

Case 1:14-cv-05511-AT-JCF Document 74 Filed 09/27/15 Page 9 of 22

Defendants Unlawful Conduct

Upon information and belief, in or around 2011, Black Lineage, Inc., a

Throughout the course of 2013, one or more employees of Marc Ecko

In the course of the aforementioned business dealings, employees of Marc

Defendant Estepanian, himself and through Defendant Black Lineage, preyed

Case 1:14-cv-05511-AT-JCF Document 74 Filed 09/27/15 Page 10 of 22

Thereafter, on November 29, 2013, Defendant Black Lineage launched a

Defendant Black Lineages website www.FLASHXHYPE.com has a very

similar look and feel to Plaintiffs SLAMXHYPE Website.

Like the SLAMXHYPE Website, the FLASHXHYPE Website contains a

blog section which offers articles on street culture.

FLASHXHYPE Website describes its business as a collective.

Upon information and belief, Black Lineages former website,

from the domain name www.ARSNLClothing.com to the domain name

Case 1:14-cv-05511-AT-JCF Document 74 Filed 09/27/15 Page 11 of 22

www.FLASHXHYPE.com, the FLASHXHYPE Website has experienced a dramatic

In February 2014, at an Agenda trade show in Long Beach, California,

Upon information and belief, in April 2014, Black Lineage launched an

other merchandise displaying the term FLASHXHYPE in the near future.

rebrand itself as FLASHXHYPE, Defendants are intentionally and deliberately attempting

Case 1:14-cv-05511-AT-JCF Document 74 Filed 09/27/15 Page 12 of 22

Plaintiffs repeat and incorporate by reference the allegations in paragraphs 1

through 50 as if fully set forth herein.

Defendants use of the trademark FLASHXHYPE is likely to confuse the

Defendants adopted the trademark FLASHXHYPE without Plaintiffs

Case 1:14-cv-05511-AT-JCF Document 74 Filed 09/27/15 Page 13 of 22

As a consequence of their aforesaid conduct, Defendants have used a

reproduction, copy or colorable imitation of Plaintiffs registered trademark in connection

Plaintiffs have no adequate remedy at law.

Plaintiffs repeat and incorporate by reference the allegations in paragraphs 1