Quartz Hill Chamber of Commerce v. Quartz Hill Community Pagaent - Miss Quart Hil Trademark Complaint PDF

Case 2:15-cv-03575-JAK-PJW Document 41 Filed 09/30/15 Page 1 of 17 Page ID #:434
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Bradley T. Weeks, Bar No. 173745

brad@charltonweeks.com
CHARLTON WEEKS LLP
1031 West Avenue M-14, Suite A
Palmdale, CA 93551
Telephone: (661) 265-0969
Facsimile: (661) 265-1650
Attorney for Plaintiff Quartz Hill

7 Chamber of Commerce
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UNITED STATED DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CHARLTON WEEKS LLP

Palmdale, CA 93551
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Quartz Hill Chamber of Commerce
CASE NO. 2:15-cv-3575
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Plaintiff,
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v.
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Elizabeth Smith, Virginia Erma Beaver,

16 Quartz Hill Community Pageant
Foundation, Does One through One
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Hundred inclusive,
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Defendants.
AMENDED AND
SUPPLEMENTAL COMPLAINT
FOR:
(1)
(2)
(3)
(4)
(5)
Trademark Infringement
Federal Unfair Competition
Federal Trademark Dilution
California Trademark Dilution
California Trademark
Infringement and Unfair
Competition
(6) Common Law Trademark
Infringement and Unfair
Competition
(7) Unjust Enrichment
(8) Application for Preliminary and
Permanent Injunction
DEMAND FOR JURY TRIAL
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Plaintiff Quartz Hill Chamber of Commerce (QH Chamber) brings this

action to enjoin Elizabeth Smith and Virginia Erma Beaver collectively
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AMENDED AND SUPPLEMENTAL COMPLAINT
(Defendants) unauthorized use of QH Chambers service marks Miss Quartz
Hill, Little Miss Quartz Hill, Junior Miss Quartz Hill, and Quartz Hill
Community Pageants. Collectively, these four marks are referred to herein as the
Pageant Marks. QH Chamber seeks preliminary and permanent injunctive relief
and damages under the laws of the United States and the State of California and
alleges on knowledge as to itself and its own acts, and on information and belief as
to all other matters, as follows:
JURISDICTION AND VENUE
CHARLTON WEEKS LLP

Palmdale, CA 93551
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1.
This is an action for trademark infringement, dilution, unfair
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competition, and unjust enrichment under the Trademark Act of 1946, as amended,
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15 U.S.C. 1051 et seq. (Lanham Act) and the laws of the State of California.
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Accordingly, this Court has subject matter jurisdiction over this action under
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Section 39 of the Lanham Act, 15 U.S.C. 1121, and Title 28 of the United States
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Code, 1331 and 1338, as to counts I through III inclusive and count VIII, and
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supplemental jurisdiction over state law claims under 28 U.S.C. 1367(a), IV
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through VIII inclusive.
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2.
Venue lies within this district because a substantial part of the events
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giving rise to these claims occurred in this district and all Defendants, and each of
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them, reside in this judicial district for purposes of 28 U.S.C. 1391(b) and (c).
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PARTIES
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3.
QH Chamber is a corporation organized and existing under the laws of
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the State of California and has its principal place of business in Quartz Hill, Los
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Angeles County, California.
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4.
On information and belief, defendant Elizabeth Smith is an individual
residing in Los Angeles County, California.
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On information and belief, defendant Virginia Erma Beaver is an
individual residing in Los Angeles County, California.

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On information and belief, defendant Quartz Hill Community Pageant
Foundation is a corporation organized according to the laws of the state of
California, entity number C3673000, under the control of defendant Elizabeth
Smith, created on or about May 5, 2014.
FACTS
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A.
QH Chambers Use of the Pageant Marks
CHARLTON WEEKS LLP

Palmdale, CA 93551
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7.
In 1950 QH Chamber conducted its first beauty pageant. This winner of
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this pageant received the title of Miss Quartz Hill. Thereafter QH Chamber has
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conducted, promoted, and produced the Miss Quartz Hill beauty pageant in
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conjunction with an annual springtime community event known as the Almond
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Blossom Festival. Every year, including the year 2014, QH Chamber has
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conducted this pageant, and selected a young woman to be Miss Quartz Hill. Every
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year contestants have competed to be selected Miss Quartz Hill. Every year QH
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Chamber published the names of the contestants, and the prior winners. No later
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than the year 1986 QH Chamber also has conducted, promoted, and produced
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beauty pageants for Little Miss Quartz Hill, and no later than the year 1996 QH
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Chamber also has conducted, promoted, and produced beauty pageants for Junior
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Miss Quartz Hill. These pageants are for women too young to compete in the Miss
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Quartz Hill pageant.
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8.
Currently the name of the event which selects Miss Quartz Hill,
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Junior Miss Quartz Hill, and Little Miss Quartz Hill is named the Quartz Hill
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Community Pageants. Quartz Hill Community Pageants has been used since at
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least the year 1958.
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commerce of the phrases Almond Blossom Festival and noting the crowning of a
pageant queen and a pageant princess in 1955.

10.
Exhibit 2, attached hereto, is an exemplar of plaintiffs use in
commerce of the phrases Almond Blossom Festival and Miss Quartz Hill,
equating the phrase Miss Quartz Hill with the pageant queen selected at the
Almond Blossom Festival, in 1960.
CHARLTON WEEKS LLP

Palmdale, CA 93551
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CHARLTON WEEKS LLP
Almond Blossom Festival, in 1974, and setting forth a substantial historical
narrative of the creation of the Almond Blossom Festival and the association of the
crowing of Miss Quartz Hill by plaintiff thereat.

Palmdale, CA 93551
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commerce of the phrase Miss Quartz Hill, equating the phrase Miss Quartz Hill
with the pageant queen selected at the Almond Blossom Festival, on information
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and belief in 1976, and setting forth a substantial historical narrative of the creation
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of the Almond Blossom Festival and the association of the crowing of Miss Quartz
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Hill by plaintiff thereat.
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with the pageant queen selected at the Almond Blossom Festival, in 1980, and
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setting forth a substantial historical narrative of the creation of the Almond Blossom
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Festival and the association of the crowing of Miss Quartz Hill by plaintiff thereat.
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CHARLTON WEEKS LLP
with the pageant queen selected at the Almond Blossom Festival, on information
and belief in 1983, and setting forth a historical list of all pageant winners as
Almond Blossom Queens of the Past, including both the Almond Blossom
Queen and Miss Quartz Hill in the same list, and using the phrase Little Miss
Quartz Hill in commerce.
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Palmdale, CA 93551
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commerce of the phrase Almond Blossom Festival, equating the phrase Miss
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Quartz Hill with the pageant queen selected at the Almond Blossom Festival, on
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information and belief in 1994, and the phrase Little Miss Quartz Hill with the
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younger pageant queen selected at the Almond Blossom Festival.
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commerce of all the Pageant Marks in 1996.

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commerce of all of the Pageant Marks in 2001. Importantly, the pageant contestant
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winner selected by plaintiff to be Miss Quartz Hill in 2001 was Kelly Crystal Smith,
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the daughter of defendant Elizabeth Smith, and the pageant contestant winner
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selected by plaintiff to be Junior Miss Quartz Hill in 2001 was Jordana Lyn Beaver,
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the daughter of defendant Virginia Beaver, demonstrating the defendants actual
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knowledge, as of at least 2001, of plaintiffs use of the Pageant Marks.
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CHARLTON WEEKS LLP

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Palmdale, CA 93551
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The Pageant Marks are well known in the Antelope Valley, which is in
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the northern portion of Los Angeles County and includes the cities of Lancaster and
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Palmdale. Exhibits 1 - 22, as references supra, demonstrate a continuous use of the
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Pageant Marks in commerce by Plaintiff in association with Plaintiffs services
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dating back to 1950. By virtue of this continuous use of the Pageant Marks, Plaintiff
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accrues to common law rights to control, own, and use the Pageant Marks as against
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all other persons and entities in the United States of America.

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In addition to its common law rights, QH Chamber owns: United States
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Trademark Registration No. 86317923, for Miss Quartz Hill; United States
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Trademark Registration No. 86319467, for Junior Miss Quartz Hill; United States
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Trademark Registration No. 86319478, for Little Miss Quartz Hill; and United
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States Trademark Registration No. 86319482, for Quartz Hill Community
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Pageants. All of these registrations are for Entertainment in the nature of beauty
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pageants in International Class 041. Collectively, these marks are referred to
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hereinafter as the Pageant Marks.

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A true and correct copy of United States Trademark Registration No.
86317923, for Miss Quartz Hill is attached hereto and marked as Exhibit 23.
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86319467, for Junior Miss Quartz Hill is attached hereto and marked as Exhibit
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86319478, for Little Miss Quartz Hill is attached hereto and marked as Exhibit 25.
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86319482, for Quartz Hill Community Pageants is attached hereto and marked as
Exhibit 26.
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QH Chamber uses its Pageant Marks extensively in various media
formats, including in print advertisements and on the internet, to promote its Quartz
Hill Pageants beauty pageants.

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CHARLTON WEEKS LLP

Palmdale, CA 93551
QH Chambers Pageant Marks are recognized and relied upon by the
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public in California to identify the pageants and to distinguish these services from
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those of others.
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As a result of QH Chambers continuous usage and promotion of the
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Pageant Marks, QH Chamber has acquired strong common-law rights along with
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great and valuable goodwill in the Pageant Marks. As a result, the Pageant Mark has
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become well-known and famous in California.
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B.
Defendants Unauthorized use of the Pageant Marks and Attempts to
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Steal Pageant Marks
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40.
The state of affairs described above in paragraphs 3 through 39 well
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served QH Chamber, the community of Quartz Hill, and all participants until March
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2014.
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41.
On March 5, 2014, Elizabeth Smith submitted to the Los Angeles
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County Registrar-Recorder a Fictitious Business Name Statement claiming to own
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the Pageant Marks. This was done without the knowledge or consent of QH
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Chamber. Thereafter Elizabeth Smith and Virginia Erma Beaver have claimed they
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own and have the right to use the Pageant Marks. They have used all of these marks,
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and publically claimed that they own these marks, and that QH Chamber does not
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own them. Since March 5, 2014, Elizabeth Smith and Virginia Erma Beaver have
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been improperly using QH Chambers marks, and such uses are unauthorized and
unlawful, such as using the Pageant Marks to solicit donations, fundraising, and to
hold competing events. A true and correct copy of Smiths attempt to usurp
Plaintiffs rights to use of the Pageant Marks as a fictitious business name is
attached hereto and marked as Exhibit 27.
CHARLTON WEEKS LLP
Elizabeth Smith and Virginia Erma Beaver thereafter sent cease and
desist letters to QH Chamber and third parties demanding that they cease using the
Pageant Marks. A true and correct copy of that request is attached hereto and
marked as Exhibit 28.
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Palmdale, CA 93551
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QH Chamber did not comply with the demand of Smith and Beaver to
cease using its own Pageant Marks.

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Instead, on or about May 5, 2014, Smith purported to incorporate
herself using the Pageant Marks as the corporations name. See Exhibit 29.
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Thereafter on May 30, 2014, Elizabeth Smith and Virginia Erma
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Beaver sued, QH Chamber claiming that they own the Pageant Marks. These claims
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were subsequently dismissed, or stricken by the state court.
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46.
On November 6, 2014, Elizabeth Smith applied for Registration of
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Trademark or Service Mark to the State of California Secretary of State, for the
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marks: Miss Quartz Hill, registration number 00069579; Quartz Hill Community
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Pageant, registration number 00069581; Junior Miss Quartz Hill, registration
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number 00069580; Little Miss Quartz Hill, registration number 00069582. See
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Exhibits 30.
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47.
QH Chamber has spoken with Defendants and their attorney, and has
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provided evidence that it used the Pageant Marks long before Elizabeth Smith and
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Virginia Erma Beaver has claimed to have used them. QH Chamber has demanded
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that Elizabeth Smith and Virginia Erma Beaver cease using the Pageant Marks.
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Defendants have ignored these demands.
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solicitation of donations, publicity, and participation in other pageants. See, for
example, Exhibit 31, reflecting a fundraiser at a sandwich shop, Exhibit 32,
reflecting a fundraiser at a yard sale and bake sale, Exhibit 33, reflecting the public
display of sashes and other regalia bearing the names of the Pageant Marks, and
Exhibit 34, disseminating on Facebook electronic media claims of ownership and
control of the pageant marks.

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CHARLTON WEEKS LLP

Palmdale, CA 93551
Defendants continue to use the Pageant Marks, for fundraising,
QH Chambers first use of its Pageant Marks long precedes any date
upon which Defendants, and each of them, may claim rights in the Pageant Marks.
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Defendants unauthorized use of the Pageant Marks began long after the Pageant
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Marks became famous.
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C.
Defendants Unauthorized use of the Pageant Marks has Caused
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Confusion
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The unauthorized use of the Pageant Marks by Defendants, and each of
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them, has and is likely to cause confusion, to cause mistake, and to deceive
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consumers and potential consumers as to the affiliation, connection, sponsorship or
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association of Defendants with the Pageant Marks, or to cause confusion regarding
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the affiliation, sponsorship, or approval of Defendants services by QH Chamber.
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them, falsely indicates to the public that Defendants, their business, and their
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services are affiliated, connected, or associated with QH Chamber, or are sponsored,
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endorsed, or approved by QH Chamber, or are in some manner related to QH
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Chamber or its or services.
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Defendants' unauthorized use of the Pageant Marks had caused and will
continue to cause dilution of the distinctive quality of the Pageant Marks.

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them, enables Defendants to trade on and receive the benefit and goodwill of the
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reputation of the Pageant Marks, and to gain acceptance for Defendants services
and not solely on Defendants' own merits.
them, impairs QH Chambers ability to control the nature and quality of the services
associated with its marks, and subjects the valuable reputation and goodwill of the
Pageant Marks to the actions of Defendants, and each of them,.

55.
As a result of their unauthorized use of the Pageant Marks, by
Defendants, and each of them, are being unjustly enriched at QH Chambers
expense.
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CHARLTON WEEKS LLP

Palmdale, CA 93551
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Unless these acts of infringement, unfair competition, and unfair and
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deceptive practices by Defendants are enjoined by this Court, these acts will
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continue, and will continue to cause irreparable injury to QH Chamber and to the
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public, for which there is no adequate remedy at law.
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57.
Finally, Defendants activities complained of herein have been
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malicious, fraudulent, deliberate, willful, intentional, and in bad faith, with full
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knowledge and conscious disregard of QH Chambers rights. In view of the
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egregious nature of Defendants actions, this is an exceptional case within the
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meaning of Section 35(a) of the Lanham Act, 15 U.S.C. 1117(a).
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COUNT I: FEDERAL TRADEMARK INFRINGEMENT
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58.
QH Chamber repeats and realleges each and every allegation of all
prior paragraphs, and incorporates them by reference as if fully set forth herein.
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The acts of Defendants complained of herein constitute infringement of
the Pageant Marks, in violation of Section 32 of the Lanham Act, 15 U.S.C. 1114.
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COUNT II: FEDERAL UNFAIR COMPETITION
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The acts of Defendants complained of herein constitute unfair
competition in violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a).
COUNT III: FEDERAL TRADEMARK DILUTION
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The acts of Defendants complained of herein constitute dilution of the
Pageant Marks in violation of Section 43(c) of the Lanham Act, 15 U.S.C.
1125(c).
CHARLTON WEEKS LLP

Palmdale, CA 93551
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COUNT IV: CALIFORNIA TRADEMARK DILUTION
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The acts of Defendants complained of herein are likely to injure the
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business reputation of QH Chamber and/or dilute the distinctive quality of QH
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Chambers Pageant Marks in violation of Cal. Bus. & Prof. Code 14200 et seq.
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COUNT V: CALIFORNIA TRADEMARK INFRINGEMENT
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AND UNFAIR COMPETITION
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The acts of Defendants complained of herein constitute unfair
competition in violation of Cal. Bus. & Prof. Code 17200 et seq.
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COUNT VI: TRADEMARK INFRINGEMENT AND UNFAIR
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COMPETITION
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The acts of Defendants complained of herein constitute unfair methods
of competition, common law trademark infringement, misappropriation of QH
Chambers goodwill in California, and are a violation of the common law of
California.
COUNT VII: UNJUST ENRICHMENT
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CHARLTON WEEKS LLP

Palmdale, CA 93551
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Defendants, and each of them, have benefited at QH Chambers
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expense from Defendants wrongful acts and have accepted and retained said benefit
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in circumstances that would make it inequitable for them to retain said benefits
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without paying the value thereof.
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The acts of Defendants complained of herein constitute unjust
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enrichment of Defendants at QH Chambers expense in violation of the common
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law of the State of California.
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COUNT VIII: APPLICATION FOR PRELIMINARY AND
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PERMANENT INJUNCTION
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Defendants have damaged Plaintiff, and is continuing to damage
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Plaintiff, by the illegal acts complained of herein. Unless Defendants are restrained
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by this Court, Defendants will cause irreparable injury to QH Chamber for which
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there is no adequate remedy at law.
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PRAYER FOR RELIEF
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That Defendants and their officers, directors, agents, servants,
employees, attorneys, successors, heirs, and assigns, related companies, and all
those acting in concert with or on behalf of Defendants, be preliminarily and
permanently enjoined and restrained from:

a. using the name and marks Miss Quartz Hill, Junior Miss Quartz
Hill, Little Miss Quartz Hill, and Quartz Hill Community Pageants in any
manner whatsoever, specifically including in connection with any pageant,
modeling, philanthropic, and/or beauty-related contests or services;
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CHARLTON WEEKS LLP
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Palmdale, CA 93551
WHEREFORE, QH Chamber hereby requests that this Court:
b. using any trademark, service mark, trade name, domain name,
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advertising, internet web page, signage, or other materials that depict, comprise,
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contain, or consist of any mark, name, or other indicia that is identical to,
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phonetically similar to, or includes Quartz Hill or any other mark or name that is
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likely to cause confusion with, or which is likely to dilute the distinctive quality of,
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QH Chambers Pageant Marks, including any formatives thereof incorporating other
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words, ethnic designations, geographic designations, age designations, or other
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phonetic or foreign language equivalents of the Pageant Marks, or any marks,
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names, or domain names that are equivalent to the Pageant Marks in meaning,
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regardless of language;
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c. otherwise competing unfairly with QH Chamber in any manner,
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including, without limitation, (i) unlawfully adopting and/or infringing upon the
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Pageant Marks, (ii) adopting or using any trademark, trade name, service mark,
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advertising, or signage similar to the Pageant Marks, and/or (iii) adopting or using
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any trade name, trademark, service mark, advertising, or signage likely to dilute the
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distinctive quality of the Pageant Marks;
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d. committing any other acts or making any statements calculated, or the
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reasonably foreseeable consequence of which would be, to infringe, dilute, or
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tarnish any of QH Chambers trademark rights, or to confuse, mislead, or deceive

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consumers as to sponsorship, approval or affiliation of QH Chamber by, with, or of
Defendants, or to otherwise disparage the Pageant Marks; and

e. conspiring with, aiding, assisting, or abetting any other person or entity
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in engaging in or performing any of the activities referred to in subparagraphs (a)
through (d), above;

2.
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name, trade name, mark, domain name, business name, assumed name, or other
designation currently owned or used by the Defendants in the United States or any
other country that includes or incorporates the Pageant Marks or includes Quartz
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CHARLTON WEEKS LLP

Palmdale, CA 93551
That Defendants provide QH Chamber with a complete listing of every
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Hill,
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That the Defendants, and their officers, directors, agents, servants,
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employees, attorneys, successors, heirs, assigns, related companies, and all those
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acting in concert with or on behalf of Defendants, be required to deliver to the Court
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for destruction, or to show proof of said destruction, of any and all displays, signs,
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circulars, promotional material, advertisements, sales aids, and other matter in the
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Defendants possession, custody, or control which bear or depict the Pageant Marks
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used in connection with the offering of any pageant or beauty-related services, as
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well as all means of reproducing, counterfeiting, copying, or otherwise imitating QH
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Chambers Pageant Marks;
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That Defendants be ordered to file with this Court and to serve upon
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QH Chamber, within thirty (30) days after the entry and service on Defendants of an
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injunction, a report in writing and under oath setting forth in detail the manner and
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form in which the Defendants has complied with the injunction;
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5.
That QH Chamber recover all damages it has sustained as a result of
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Defendants infringement, dilution, and unfair competition, and that said damages
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be trebled;
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1117(c);
That QH Chamber recover statutory damages, pursuant to 15 U.S.C.
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7.
That an equitable accounting be directed to determine Defendants
profits resulting from their infringement and unfair competition, increased as the
Court finds just under the circumstances of this case, and that such profits be
disgorged over to QH Chamber as an equitable remedy;
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That QH Chamber recover the costs of this action, its reasonable
attorney's fees, and pre-judgment and post-judgment interest;

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That QH Chamber recover such other and further relief as this court
may deem just and proper.
CHARLTON WEEKS LLP

Palmdale, CA 93551
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September 30, 2015
Respectfully Submitted,
CHARLTON WEEKS LLP
__________________________
Bradley T. Weeks
Attorney for Plaintiff Quartz Hill Chamber of
Commerce
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DEMAND FOR JURY TRIAL
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Plaintiff Quartz Hill Chamber of Commerce demands a trial by jury as to all

claims and as to all disputed facts triable by a jury, pursuant to Federal Rule of Civil
Procedure 38.
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September 30, 2015
Respectfully Submitted,
CHARLTON WEEKS LLP
CHARLTON WEEKS LLP

Palmdale, CA 93551
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__________________________
Bradley T. Weeks
Attorney for Plaintiff Quartz Hill Chamber of
Commerce
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Case 2:15-cv-03575-JAK-PJW Document 41 Filed 09/30/15 Page 1 of 17 Page ID #:434

Bradley T. Weeks, Bar No. 173745

Attorney for Plaintiff Quartz Hill

UNITED STATED DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CHARLTON WEEKS LLP

1031 West Avenue M-14, Suite A