Kenyon v. Clare - Complaint

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE

NASHVILLE DIVISION
SHERRILYN KENYON,
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
PLAINTIFF,
v.
CASSANDRA CLARE, a/k/a JUDITH
RUMELT, a/k/a JUDITH LEWIS
and
DOES 1 through 50, inclusive,
DEFENDANTS.
CASE NO.:_________________________
JUDGE: ___________________________
JURY DEMAND
COMPLAINT
For her Complaint against DEFENDANTS CASSANDRA CLARE a/k/a JUDITH
RUMELT, a/k/a JUDITH LEWIS, a/k/a, an individual (CLARE), and DOES 1 through 50,
inclusive (DOES), (collectively, DEFENDANTS), PLAINTIFF SHERRILYN KENYON
(PLAINTIFF) hereby states as follows:
PARTIES
1.
PLAINTIFF is a resident and citizen of the State of Tennessee who resides in
Franklin, Tennessee. PLAINTIFF is the author and holds a beneficial interest sufficient for
statutory standing under 17 U.S.C. 501(b) in and to The Dark Hunter Series literary series as
defined below in paragraph 9. PLAINTIFF has statutory standing to institute this action for
Trademark infringement and False Advertising pursuant to 15 U.S.C. 1114.
1
Case 3:16-cv-00191 Document 1 Filed 02/05/16 Page 1 of 29 PageID #: 1
2.
CLARE is a resident and citizen of Amherst, Massachusetts and is the author of
The Mortal Instruments series of books (the Shadowhunter Series).

3.
The true names and capacities of DEFENDANTS DOES 1 through 50, inclusive,
are presently unknown to PLAINTIFF, who therefore sues these DEFENDANTS by such fictitious
names. Each DEFENDANT designated as a DOE is in some manner responsible for the
occurrences alleged herein and the injuries and damages suffered by PLAINTIFF were
proximately caused by the conduct of such DOE DEFENDANTS. PLAINTIFF will seek leave of
Court to amend this Complaint to allege the true names and capacities of each DOE
DEFENDANT, together with such allegations as may be appropriate, when their names have been
ascertained.
4.
Each act and omission alleged herein on the part of any one DEFENDANT was
done with the approval and consent and was ratified by each of the remaining DEFENDANTS.
At all times material to this Complaint, each DEFENDANT may be held liable for the infringing
acts committed by another DEFENDANT to the extent that each DEFENDANT had the right and
ability to control the infringing activities alleged herein and had a direct financial interest in such
activities, regardless of whether each DEFENDANT had intent or knowledge of the infringement
alleged herein.
5.
At all relevant times each DEFENDANT who knowingly induced, caused, or
materially contributed to the infringement alleged herein by another DEFENDANT, but who may
not have committed or participated in the infringing acts himself or itself, may be held liable as a
contributory infringer as each such DEFENDANT had knowledge, or reason to know, of the
infringement.
2
JURISDICTION AND VENUE

6.
This is an action for trademark infringement, copyright infringement, unfair
competition, false advertising, and trade dress infringement arising under Section 43(a) of the
Lanham Act, 15 U.S.C. 1125(a), 101 et. seq, and the Copyright Act of 1976, 17 U.S.C. 101 et
seq. This Court has jurisdiction of this action under 28 U.S.C. 1331, 1338(a) and 1338(b), and
15 U.S.C. 1121.
7.
This Court has personal jurisdiction over the DEFENDANTS because, among other
things, DEFENDANTS conduct and solicit business in this jurisdiction and distribute the
infringing products that are the subject matter of this Complaint in this jurisdiction.
8.
Venue is proper in this district under 28 U.S.C. 1391 and 1400(a) as a substantial
part of the events or omissions giving rise to the claim occurred in this district.
The
DEFENDANTS have all purposefully availed themselves of the privilege of acting in the district
or causing a consequence in the district, the cause of action arises from the DEFENDANTS
activities in this district, and the acts of the DEFENDANTS or consequences caused by the
DEFENDANTS have a substantial enough connection with the district to make the exercise of
jurisdiction over the DEFENDANTS consistent with the principles of due process.
FACTUAL ALLEGATIONS
9.
PLAINTIFF is the author and beneficial owner of all exclusive rights under
copyright to the Dark-Hunter Series of novels, short stories, and other copyrighted materials,
dating from 1998. The series includes, among others, works written by PLAINTIFF and published
as part of the Dark-Hunter, Hellchasers, Hell-Hunter, Were-Hunter, Dream-Hunter,
Dark-Hunter: Deadmans Cross, Hunter Legends, Dark-Hunter: Chronicles of Nick and
Dark-Hunter: Lords of Avalon series and the works listed in Exhibit 1, referred to collectively
herein as the Dark-Hunter Series.
3
10.
PLAINTIFF is owner of certain trademark rights in the word-mark Dark-Hunter,
Dream-Hunter, and Were-Hunter without any restriction to the particular font style, size, or
character, including without limitation those federal registrations contained in Exhibit 2,
collectively referred to as the Dark-Hunter Marks.
11.
The Dark-Hunter Series of science-fiction/fantasy novels is a #1 New York Times
and international bestselling series. The Dark-Hunter Series follows an immortal cadre of warriors
who fight to protect mankind from creatures and demons who prey on humans. The author,
Plaintiff Sherrilyn Kenyon, has a global fan base for the Dark-Hunter Series. This community of
fans immerse themselves in the detailed fictional universe contained within the world of the DarkHunter Series. The fans create their own videos, discuss the books on social media, collect
memorabilia, attend conventions, dress in character inspired costumes, and are known to complain
loudly about any inconsistencies they perceive within the fictional universe. The perceived
integrity of the Dark-Hunter Series and the realm and fictional facts created by PLAINTIFF in the
Dark-Hunter Series portrayed is, therefore, critical to Ms. Kenyons success and the continued
commerce in her Dark-Hunter Series. Kenyon has also produced several videos based upon the
Dark-Hunter Series, all of which are collectively referred to as Dark-Hunter Videos.
12.
In 2006, PLAINTIFF was alerted by some of her distressed fans of the potential
publication by CLARE of a work that incorporated PLAINTIFFs Dark-Hunter Marks.

PLAINTIFF demanded that the term darkhunter and the Dark-Hunter Marks be removed from
CLAREs work. CLARE removed the term darkhunter and the Dark-Hunter Marks from her
work, substituting instead the term shadowhunters for her protagonist, but removing any
reference to hunter (whether shadow or dark) from the title; the book was published in 2007
as The Mortal Instruments, City of Bones.
Despite PLAINTIFFs continuing protests and
4
continuous assurances from CLARE and CLAREs publisher that she/they would not expand the
use of the shadowhunters term or adopt it as a trademark, CLARE has persisted over time in
expanding her use of the term shadowhunters from a mere description of her protagonists, first
to a tag line on the cover of her works and eventually to a complete rebranding of her works so as
to be confusingly similar to the Dark Hunter Series. CLAREs works are now listed on CLAREs
website, shadowhunters.com under the category of Cassandra Clares Shadowhunters and
include the series of Mortal Instruments novels along with The Infernal Devices, The Dark
Artifices, Tales from the Shadowhunter Academy, The Bane Chronicles, The Last Hours,
and The Shadowhunters Codex, each a Shadowhunter Book (and collectively, the
Shadowhunter Series).
13.
The Dark-Hunter Series and the Shadowhunter Series are so similar that CLARES
own publisher mistakenly printed 100,000 copies of a Shadowhunter Book referencing the DarkHunter Mark on the cover. Upon written demand by PLAINTIFF, CLAREs publisher destroyed
tens of thousands of the Shadowhunter Book that contained PLAINTIFFs Dark-Hunter Mark on
its cover. Despite the destruction of tens of thousands of copies of this Shadowhunter Book,
thousands of Shadowhunter Books including the Dark Hunter Marks on the cover have now been
sold and substantial commercial confusion has resulted.
14.
In 2013, a motion picture called Mortal Instruments: City of Bones was released
(the Motion Picture). According to the Internet Movie Database (IMDB), the Motion Picture is
based on the Shadowhunter Series and CLARE is credited as a writer. The Motion Picture includes
references to shadowhunters as a secret cadre of young half-angel warriors locked in an
ancient battle to protect our world from demons.
5
15.
On October 12, 2014 it was announced that Mortal Instruments: City of Bones
would return as a television series under the new title Shadowhunters: The Mortal Instruments
(the Shadowhunters TV Show). IMDB credits CLARE as a writer of the 2015 Shadowhunters
TV Show (which is nominally based upon the Shadowhunter Series).
16.
On March 30, 2015 the pilot was picked up to air as a series on ABC Family.
17.
CLAREs website, shadowhunters.com (the Shadowhunters Website) features
an advertisement for the Shadowhunters TV Show and a television tie-in special edition of the
2007 book Mortal Instruments: City of Bones. According to the Shadowhunters Website, the
special edition book is complete with gorgeous cover art from Shadowhunters, an ABC Family
Original Series.
18.
In addition to adopting identifying marks and trade dress confusingly similar to
PLAINTIFFs Dark-Hunter Marks, CLARE has also copied visual representations from the DarkHunter Series in conjunction with the Shadowhunter Series. For example, the Shadowhunters
symbol used by CLARE on book covers and promotional materials is essentially a simplified
version of PLAINTIFFs Dark-Hunter symbol.
SHADOWHUNTER
DARK-HUNTER
6
19.
The popularity of the Dark-Hunter Series has also spawned a variety of related
merchandise such as a line of clothing, jewelry and novelty items. These are available online from
a variety of sources. The same is becoming true for the Shadowhunter Series. For example, the
retail store, Hot Topic, carries an exclusive clothing line from TRIPP, nyc, that includes t-shirts
with the word Shadowhunter printed across the front.
Dark-Hunter t-shirts, sold through
cafepress.com, among other retailers, feature a similar font style.

20.
Adding to the confusion, a Shadowhunter line of jewelry is derivative of a similar
line of Dark-Hunter jewelry licensed by PLAINTIFF. Both feature symbols reminiscent of ancient
ruins, angels, and crystals.
21.
The products are so confusingly similar that a pendant inspired by the
Shadowhunter Series is displayed on an etsy.com webpage described as the [o]fficial Site of

Sherrilyn Kenyon's Dark-Hunter Jewelry as well as other book inspired pieces.
22.
A website called TMI Source, Your Source for Shadowhunters and Cassandra
Clare advertises the official licensed jewelry from the motion picture, Mortal Instruments: City
of Bones with the tag-line, Shadowhunters: Are you excited for this official licensed jewelry?
The licensed jewelry is available at themortalinstrumentsjewelry.com.
23.
In addition to the first use in interstate commerce of the Dark-Hunter Marks on
novels, on websites, as well as licensed clothing and jewelry, PLAINTIFF has produced and
broadcast Dark-Hunter Videos. These videos are made available via streaming services on the
PLAINTIFFs website and on YouTube and were broadcast on major television networks
advertising PLAINTIFFs pending Dark-Hunter motion picture and television series (including
without limitation during primetime television shows owned and broadcast by ABC Family).
7
Some are dramatic visual depictions of characters from the Dark-Hunter Series with plot
summaries and original music videos. These Dark-Hunter Videos (and accompanying music)
predate the Motion Picture and the Shadowhunter TV Show. They constitute first-use in interstate
commerce of the Dark-Hunter mark in U.S. Class 038, telecommunication services and
International Class 009, digital media. By way of example, a video based on the Dark-Hunter
Book Archeron has been viewed over half-a-million times on YouTube. The Sherrilyn Kenyon
Books YouTube channel incorporating these Dark-Hunter Videos has over four million views.
FIRST CAUSE OF ACTION
(COPYRIGHT INFRINGEMENT against CLARE and DOES 1-50)
[17 U.S.C. 101 et seq.]
(The Mortal Instruments and Shadowhunters Series)
24.
PLAINTIFF re-alleges each and every allegation set forth in Paragraphs 1 through
23, inclusive, and incorporates them herein by this reference.

25.
PLAINTIFF is currently, and at all relevant times has been, the beneficial owner of
all right, title, and interest in and to the copyrights in the Dark-Hunter Series.
26.
DEFENDANT CLARE, in writing The Mortal Instruments and the Shadowhunters
Series knowingly and willfully copied the Dark-Hunter Series and original elements therein to
create a work or works substantially similar to and derivative of the Dark-Hunter Series.
27.
DOES 1-50 knowingly and willfully contribute in some manner to copying the
Dark-Hunter Series and original elements therein to create a work or works substantially similar
to and derivative of the Dark-Hunter Series.
28.
Comparing the Dark-Hunter Series to CLARES work or works, the literary
components are fictional and, in many respects, the elements are virtually identical. These
substantially similar elements, coupled with DEFENDANTS access to the Dark-Hunter Series,
8
which were widely disseminated, leave little doubt that numerous substantive original elements of
the Dark-Hunter Series have been copied by DEFENDANT.
29.
The
Dark-Hunter
Series
includes,
without
limitation,
Dark-Hunter,
Hellchasers, Hell-Hunter, Were-Hunter, Dream-Hunter, Dark-Hunter: Deadmans

Cross, Hunter Legends, Dark-Hunter: Chronicles of Nick and Dark-Hunter: Lords of
Avalon and the works listed in Exhibit 1. PLAINTIFF has been proclaimed by Publishers
Weekly as the reigning Queen of the Paranormal Scene and is one of the pioneers of this genre.
She was the first author in this genre to have a work listed as #1 on a major listing of literary
releases.
30.
The Shadowhunter world consists of the of the Mortal Instruments, the Infernal
Devices, The Dark Artifices, and The Last Hours as well as The Bane Chronicles and an e-book
companion called Tales from the Shadowhunter Academy.
CLARE began writing her
Shadowhunter Series after (a) PLAINTIFF began publishing the Dark-Hunter Series and (b) works
from PLAINTIFFs Dark-Hunter Series had been listed on the NY Times best seller list.
CLAREs works did not receive significant recognition until after CLAREs publisher misbranded
one of CLAREs novels with PLAINTIFFs Dark-Hunter Mark.
31.
Both the Dark-Hunter Series and the Shadowhunter Series are about an elite band
of warriors that must protect the human world from the unseen paranormal threat that seeks to
destroy humans as they go about their daily lives. These hunters, whether dark or shadow,
preserve the balance between good and evil, protecting humans from being consumed or enslaved.
They are both given a manual on how to conduct their mission and on how to conduct themselves
when dealing with other entities and species in their fictional world.
9
32.
A non-exhaustive list of the substantial similarities in plot, setting, characters, and
scenes as between the Dark-Hunter Series and the Shadowhunter Series is included in Exhibit 3,
Dark-Hunter / Shadowhunter Comparison.
33.
CLAREs willful copying of the Dark-Hunter Series infringes PLAINTIFFs
copyright and CLARE intends to continue to distribute unauthorized works similar to, and
derivative of, the PLAINTIFFS Dark-Hunter Series.
34.
CLAREs wrongful and willful conduct has, and will continue to, deprive
PLAINTIFF of the benefits deriving from the exploitation of the Dark-Hunter Series, and to
deprive PLAINTIFF of the goodwill that would necessarily be associated therewith.
35.
PLAINTIFF has lost, and will continue to lose, substantial revenues from
publication of CLAREs Shadowhunter Series and has sustained, and will continue to sustain,
damages as a result of CLARES wrongful conduct and DEFENDANTS production and sale of
her unauthorized works similar to, and derivative of, the Dark-Hunter Series.
36.
PLAINTIFF is further informed and believes, and thereon alleges, that CLAREs
wrongful and willful conduct has deprived, and will continue to deprive, PLAINTIFF of
opportunities for expanding the goodwill associated with the Dark-Hunter Series.
37.
PLAINTIFF is further entitled to recover from CLARE the damages, including
attorneys fees and costs and statutory damages for copyright infringement, PLAINTIFF has
sustained and will sustain, and any gains, profits, and advantages obtained by CLARE as a result
of her acts of infringement above.
10
SECOND CAUSE OF ACTION

[17 U.S.C. 101 et seq.]
(Mortal Instruments - City of Bones Motion Picture)
38.

39.
CLARE and DOES 1-50, or some sub-set thereof, (collectively, the Motion
Picture DEFENDANTS) are credited as writers and/or producers of the 2013 motion picture
Mortal Instruments City of Bones (the Motion Picture).
40.
The Motion Picture DEFENDANTS, in writing and producing the Motion Picture
knowingly and willfully copied the Dark-Hunter Series and original elements therein to create a
work substantially similar to and derivative of PLAINTIFFs Dark-Hunter Series.
41.
The Motion Picture DEFENDANTS copying of the Dark-Hunter Series infringes
PLAINTIFFs copyright and those defendants intend to continue to distribute unauthorized works
similar to, and derivative of, the Dark-Hunter Series, including the Motion Picture.
42.
The natural, probable, and foreseeable result of the Motion Picture DEFENDANTS
wrongful and willful conduct has deprived, and will continue to deprive, PLAINTIFF of the
benefits deriving from her own exploitation of the Dark-Hunter Series, and to deprive PLAINTIFF
of the goodwill that would necessarily be associated therewith.
43.
PLAINTIFF has lost, and will continue to lose, substantial revenues from display
of the Motion Picture and has sustained, and will continue to sustain, damages as a result of the
Motion Picture Defendants wrongful conduct and the display of the unauthorized works similar
to, and derivative of the Dark-Hunter Series.
11
44.
The Motion Picture DEFENDANTS wrongful conduct has deprived, and will
continue to deprive, PLAINTIFF of opportunities for expanding the goodwill associated with the
Dark-Hunter Series.
45.
PLAINTIFF is further entitled to recover from the Motion Picture DEFENDANTS
the damages, including statutory damages, attorneys fees and costs, PLAINTIFF has sustained
and will sustain, and any gains, profits, and advantages obtained by the Motion Picture
DEFENDANTS as a result of their acts of infringement above.
THIRD CAUSE OF ACTION
[17 U.S.C. 101 et seq.]
(Shadowhunters TV Show)
46.

47.
DEFENDANTS CLARE and DOES 1-50 (the TV Show DEFENDANTS) are
credited as writers and/or producers of the 2015 Shadowhunters TV Show.

48.
The TV Show DEFENDANTS, in writing and producing the Shadowhunters TV
Show knowingly and willfully copied the Dark-Hunter Series and original elements therein to
create a work substantially similar to and derivative of PLAINTIFFs Dark-Hunter Series.
49.
The TV Show DEFENDANTS copying of the Dark-Hunter Series infringes
PLAINTIFFs copyright and those defendants intend to continue to display unauthorized works
similar to, and derivative of, the PLAINTIFFS Dark-Hunter Series, including the Shadowhunters
TV Show.
50.
The natural, probable, and foreseeable result of the TV Show DEFENDANTS
wrongful conduct has been, and will continue to be, to deprive PLAINTIFF of the benefits deriving
12
from the exploitation of the Dark-Hunter Series, and to deprive PLAINTIFF of the goodwill that
would necessarily be associated therewith.
51.
PLAINTIFF has lost, and will continue to lose, substantial revenues from display,
and broadcast performances of the Shadowhunters TV Show and has sustained, and will continue
to sustain, damages as a result of the TV Show DEFENDANTS wrongful conduct and the display
and broadcast performance of unauthorized work similar to, and derivative of, PLAITNIFFS
Dark-Hunter Series
52.
The TV Show DEFENDANTS wrongful and willful conduct has deprived and will
continue to deprive PLAINTIFF of opportunities for expanding the goodwill associated with the
Dark-Hunter Series.
53.
PLAINTIFF is further entitled to recover from the TV Show DEFENDANTS the
damages, including statutory damages, attorneys fees and costs, PLAINTIFF has sustained and
will sustain, and any gains, profits, and advantages obtained by the Shadowhunter TV Show
DEFENDANTS as a result of her acts of infringement above.
FOURTH CAUSE OF ACTION
(TRADEMARK INFRINGEMENT against CLARE and DOES 1-50)
[15 U.S.C. 1125]
(The Mortal Instruments Novels, Merchandise, and Website)
54.

55.
The Shadowhunter Series and promotional websites, clothing, and associated
jewelry infringe on PLAINTIFFs Dark-Hunter Marks.

56.
The use and expansion of use of the term shadowhunters to describe CLAREs
protagonists to her present attempts to rebrand all of her novels and derivative works with the term
"shadowhunters," including websites and merchandise violates the fanciful Dark-Hunter Mark
13
because of their confusing similarity. The marks are likely to, and in fact have, caused commercial
confusion.
57.
The words shadowhunters and dark-hunters themselves are similar.
The
difference between dark-hunter and shadowhunter is a matter of degree. The words are essentially
synonyms.
58.
The words shadowhunters and dark-hunters are both used to describe
supernatural beings dedicated to fighting demons and saving humanity.

59.
The Shadowhunter books, Motion Picture and Shadowhunters TV Show share the
same young-adult, science fiction fan demographic as the Dark-Hunter Series and the Dark-Hunter
derivative works and are discussed in similar online forums and conventions, are advertised in
similar on-line and print media, and form the basis for similar merchandise and branding.
60.
While originally publishing her books under other titles, CLAREs books now have
the words A Shadowhunters Novel printed along the right side (PLAINTIFFs work has the
words A Dark-Hunter Novel printed below the main title).
61.
The Shadowhunter Series refers repeatedly to shadowhunters in terms that lead to
confusion with the Dark-Hunter Series. Adding to the confusion, some of CLAREs books refer
to Dark Shadowhunters in addition to Shadowhunters and draw many fictional-facts from
PLAINTIFFs Dark-Hunter Series.
62.
The confusion between dark-hunters and shadowhunters is so pervasive that many
online library catalogs use PLAINTIFFS Dark-Hunter Marks within their description of
CLAREs Shadowhunter Series. The Brentwood, Tennessee Library, The Williamson County
Public Library, Portland Community College, King County Library System, Ames Public Library,
McKinney Public Library, Clarkston Independence District Library, and the Burlington County
14
Library System, among many other libraries in the Middle District of Tennessee and elsewhere,
describe City of Bones by Cassandra Clare as follows:
Suddenly able to see demons and the Darkhunters who are dedicated to returning them to
their own dimension, fifteen-year-old Clary Fray is drawn into this bizarre world when her
mother disappears and Clary herself is almost killed by a monster.
This description of City of Bones, which conflates the words Shadowhunters and
Darkhunters, has even found its way into the book 101 Great, Ready-to-Use Book Lists for Teens
by Nancy J. Keane, Santa Barbara, CA: Libraries Unlimited, Copyright 2012. Ms. Keanes guide
is ranked #69 by Amazon.com in the category of Academic Library books.
63.
The Shadowhunters merchandise that is sold and marketed under license by Hot
Topic and other retailers further violates the fanciful Dark-Hunter Mark because of their confusing
similarity. The use of similar style script on t-shits, red semi-precious stones, as well as the motifs
of angels and ancient runes all lead to actual confusion.
64.
PLAINTIFF has registered and uses the website domain name dark-hunter.com
to promote the Dark-Hunter Series. CLARE has registered and uses the website domain name
shadowhunters.com now to promote novels (some originally published under other titles) that
CLARE has now rebranded as the Shadowhunter Series. As described above, the two domain
names are confusingly similar and the associated web pages feature goods and services that are
substantially similar. CLARE registered, traffics in, and uses the shadowhunters domain name in
bad faith, with the intent to profit from the confusion between the shadowhunter and Dark-Hunter
names.
65.
The Dark-Hunter Marks are distinctive and, by virtue of the substantial investment
and widespread promotion and distribution of the Dark-Hunter Series bearing the marks have
15
acquired distinctiveness as an exclusive indicator of the creative authorship of the novels and
associated products.
66.
CLARE uses shadowhunters and dark-shadowhunters as variations of the
Dark-Hunters Marks in connection with the sale and promotion of her novels and merchandise.
CLAREs use of these terms is explicitly misleading and not authorized by PLAINTIFF and is
likely to cause confusion, mistake, or deception and constitutes trademark infringement in
violation of Section 43 of the Lanham Act. 15 USC 1125(a)(1)(A).
67.
CLAREs use of shadowhunters and dark-shadowhunters in connection with
the sale and promotion of her novels and merchandise in commercial advertising and promotion
misrepresents the nature, characteristics, and qualities of both the Shadowhunter Series and the
Dark-Hunter Series in violation of Section 43 of the Lanham Act. 15 USC 1125(a)(1)(B).
68.
CLAREs selection, incorporation, and use of shadowhunters and dark-
shadowhunters as variations of the Dark-Hunters Marks was made with full knowledge and prior
and extensive use and federal registration of the Dark-Hunters Marks by PLAINTIFF and was
done with a conscious intent to expressly mislead and confuse the consuming public.
69.
CLAREs acts alleged herein were willful and deliberate and have harmed
PLAINTIFF in an amount to be determined at trial and such damage will increase unless CLARE
is permanently enjoined from her wrongful actions.
70.
CLAREs infringing use of shadowhunters and dark-shadowhunters as
variations of the Dark-Hunters Marks is causing immediate and irreparable injury to PLAINTIFF
and to her goodwill and reputation and will continue to damage PLAINTIFF and confuse the public
unless enjoined by this Court. Additionally, such damages will continue to occur unless this Court
permanently enjoins CLARE and/or her agents from such use.
16
FIFTH CAUSE OF ACTION

(TRADEMARK INFRINGEMENT against CLARE and DOES 1-50)
[15 U.S.C. 1125]
(The Mortal Instruments: City of Bones Motion Picture
And Related Merchandise)
71.

72.
The use of the name Shadowhunters in the Motion Picture and related
merchandise violates the fanciful Dark-Hunters Marks because of their confusing similarity. The
marks are likely to, and in fact have, caused confusion.
73.
The Motion Picture, like the Shadowhunter Series, refers to its protagonists as
shadowhunters who are a line of warriors who protect our world from demons and who are
half-human, half-angel, beings with immense powers. At least one of the Motion Picture trailers
concludes with a message to join the shadowhunters. The scroll-type script is similar to that
used on the cover of PLAINTIFFS novels.
74.
Although the official motion picture title is The Mortal Instruments: City of
Bones, the Motion Picture was primarily promoted and discussed through the use of the term
shadowhunters.
75.
The Dark-Hunters Marks are distinctive and, by virtue of the substantial investment
and widespread promotion and distribution of the Dark-Hunter Series bearing these marks has
acquired distinctiveness as an exclusive indicator of the PLAINTIFFs creative authorship of the
of the novels and associated products.
76.
The Motion Picture DEFENDANTS used and continue to use shadowhunters and
dark-shadowhunters as variations of the Dark-Hunters Marks in connection with the production

and distribution of the Motion Picture in theaters, the sale of digital media, streaming services, and
17
related merchandise.
Their use of these terms is explicitly misleading and not authorized by
PLAINTIFF and is likely to cause confusion, mistake, or deception and constitutes trademark
infringement in violation of Section 43 of the Lanham Act. 15 USC 1125(a)(1)(A).
77.
The Motion Picture DEFENDANTS selection, incorporation, and use of
shadowhunters and dark-shadowhunters as variations of Dark-Hunter Marks was made with

full knowledge and prior and extensive use and federal registration of the marks by PLAINTIFF
and was done with a conscious intent to expressly mislead and confuse the consuming public.
78.
The Motion Picture DEFENDANTS acts alleged herein were willful and
deliberate and have harmed PLAINTIFF in an amount to be determined at trial and such damage
will increase unless the Motion Picture DEFENDANTS are enjoined from her wrongful actions.
79.
The Motion Picture DEFENDANTS infringing use of shadowhunters and dark-
shadowhunters as variations of the Dark-Hunter Marks is causing immediate and irreparable

injury to PLAINTIFF and to her goodwill and reputation and will continue to damage PLAINTIFF
and confuse the public unless enjoined by this Court. Additionally, such damages will continue to
occur unless this Court permanently enjoins CLARE and/or her agents from such use.
SIXTH CAUSE OF ACTION
(TRADEMARK INFRINGEMENT against CLARE, and DOES 1-50
[15 U.S.C. 1125]
(Shadowhunters TV Show and Website)
80.

81.
CLARE and DOES 1-50 (collectively, the TV Show Defendants) have infringed
PLAINTIFFs trademark rights.

82.
The use of the name Shadowhunters and shadowhunterstv.com in conjunction
with the ABC Family TV Show violates the fanciful Dark-Hunter Marks because of their
18
confusing similarity. As described above, the two domain names are confusingly similar. The
registration and use of the shadowhunterstv.com domain name is in bad faith, with the intent to
profit from the Dark Hunters Marks.
83.
The
Shadowhunters
shadowhunterstv.com.
TV
Show
is
promoted
on
website
called
The Dark-Hunter Series is promoted on a website called dark-
hunters.com and the Dark-Hunter Videos are broadcast on darkhuntertv.com (a website which
PLAINTIFF has operated from a date pre-dating the Shadowhunters TV Show).
Shadowhunters.com and shadowhunterstv.com infringe on the Dark-Hunter Marks through their
use of the confusingly similar term shadowhunters within the web address.
84.
The TV Show DEFENDANTS copying of the Dark-Hunter Series infringes
PLAINTIFFs Dark-Hunter Marks and copyright and that they intend to continue to broadcast and
distribute unauthorized works similar to and derivative of the Dark-Hunter Series.
85.
The Dark-Hunter Marks are distinctive and, by virtue of the substantial investment
and widespread promotion and distribution of the Dark-Hunter Series bearing these marks
including in conjunction with PLAINTIFFs prior use in video and audio-video derivative works
have acquired distinctiveness as an exclusive indicator of creative authorship of the Dark-Hunter
Series.
86.
The Shadowhunters TV Show DEFENDANTS used and continue to use
shadowhunters and dark-shadowhunters as variations of the Dark-Hunters Marks in

connection with the production and distribution of Shadowhunters TV Show, the sale of digital
media, streaming services, and related merchandise based on the Shadowhunters TV Show. The
TV Show DEFENDANTS use of these terms is explicitly misleading and not authorized by
19
PLAINTIFF and is likely to cause confusion, mistake, or deception and constitutes trademark
infringement in violation of Section 43 of the Lanham Act. 15 USC 1125(a)(1)(A).
87.
The TV Show DEFENDANTS selection, incorporation, and use of
shadowhunters and dark-shadowhunters as variations of the Dark-Hunters Marks were made

with full knowledge and prior and extensive use and federal registration of the Dark-Hunters mark
by PLAINTIFF and was done with a conscious intent to expressly mislead and confuse the
consuming public.
88.
The TV Show DEFENDANTS acts alleged herein were willful and deliberate and
have harmed PLAINTIFF in an amount to be determined at trial and such damage will increase
unless they are enjoined from her wrongful actions.
89.
The TV Show DEFENDANTS infringing use of shadowhunters and dark-
shadowhunters as variations of the Dark-Hunter Marks is causing immediate and irreparable

injury to PLAINTIFF and to her goodwill and reputation and will continue to damage PLAINTIFF
and confuse the public unless enjoined by this Court. Additionally, such damages will continue to
occur unless this Court permanently enjoins CLARE and/or her agents from such use.
SEVENTH CAUSE OF ACTION
FALSE ADVERTISING and UNFAIR COMPETITION against all DEFENDANTS
[15 U.S.C. 1125]
(The Mortal Instruments Novels, Motion Picture, TV Show, Websites, and Merchandise)
90.

91.
The DEFENDANTS have made false or misleading statements of fact in interstate
commerce concerning the characteristics, qualities, and source of their products by infringing on
the Dark-Hunters Marks.
20
92.
DEFENDANTS marketing, advertising, promoting, distributing, and selling of the
above referenced novels, motion picture, TV Show, and related merchandise using variations of
the Dark-Hunter Marks is without authority or license from PLAINTIFF. The conscious use of
this mark, combined with the implied representation that the DEFENDANTS works originated
with, are associated with, or are endorsed or approved by PLAINTIFF constitute unfair
competition and false advertising in violation of the Lanham act.
93.
DEFENDANTS use of the Dark-Hunter Marks was done with the intent to deceive
the consuming public.

94.
CLARE has misled consumers to believe that there is an affiliation or association
between her Shadowhunter Series, websites, and merchandise and similar items written or licensed
by the PLAINTIFF.
95.
The Motion Picture DEFENDANTS have, by use of the word shadowhunter,
misled consumers to believe that there is an affiliation or association between the Motion Picture,
its promotional websites and merchandise and the Dark-Hunter Series.
96.
The TV Show DEFENDANTS have, by use of the word shadowhunter, misled
consumers to believe that there is an affiliation or association between the Shadowhunters TV

Show and the Dark-Hunter Series.
97.
A substantial portion of the DEFENDANTS intended audience is actually
deceived, or tends to be deceived into believing there is a connection to the Dark-Hunter Series by
the use of the term shadowhunters.
98.
Consumers are likely influenced into reading or viewing the DEFENDANTS works
by their false belief that the works are connected to, or produced by, the PLAINTIFF. In the
alternative, consumers are less likely to read the Dark-Hunter Series or purchase Dark-Hunter
21
Series merchandise because they incorrectly associate the poor quality of the DEFENDANTS
work or works with the Dark-Hunter Series.
99.
The PLAINTIFF is harmed by the confusion between PLAINTIFFS federally
registered Dark-Hunter Marks and DEFENDANTS use of the substantially similar shadowhunters.
Consumers may mistakenly spend money on the DEFENDANTS products in the belief that they
are going to receive works by the PLAINTIFF. In the alternative, the value of the Dark-Hunter
Series is reduced by the incorrect association with a work or works that are of inferior quality or
present plots and characters that are perceived as being inconsistent with the universe created in
the Dark-Hunter Series.
100.
DEFENDANTS acts alleged herein were willful and deliberate and have harmed
PLAINTIFF in an amount to be determined at trial, and such damage will increase unless
DEFENDANTS are enjoined from their wrongful actions.
101.
DEFENDANTS infringing use of the Dark-Hunters Mark is causing immediate and
irreparable injury to PLAINTIFF and to her goodwill and reputation and will continue to damage
PLAINTIFF and confuse the public unless enjoined by this Court. PLAINTIFF has no adequate
alternative remedy at law to an injunction.
EIGHTH CAUSE OF ACTION
TRADE DRESS INFRINGEMENT against all DEFENDANTS
[15 U.S.C. 1125]
(The Mortal Instruments Novels, Motion Picture, TV Show, Websites, and
Merchandise)
102.

103.
PLAINTIFF created distinctive logos, symbols, book cover designs and trade dress
for the Dark-Hunter series featuring tattooed, muscular characters, runes, letters reminiscent of
22
ancient scrolls, and the Dark-Hunter logo referenced in paragraph 18. This trade dress has come
to be recognized by the purchasing and consuming public as emanating from PLAINTIFF and
designating PLAINTIFF as the source of origin of the Dark-Hunter Series. Plaintiff's trade dress
is shown in Exhibit 4, attached.
104.
Sometime after PLAINTIFF had adopted her distinctive trade dress and in an effort
to pass off the Shadowhunter Series as the Dark-Hunter series of the PLAINTIFF, CLARE adopted
and continues to employ confusingly similar trade dress. The DEFENDANTs trade dress is
shown in Exhibit 5, attached.
105.
PLAINTIFF, prior to the beginning of the unlawful acts of the DEFENDANT
complained of here, distributed great numbers of the mentioned Dark-Hunter Series bearing the
distinctive trade dress in connection with the marketing and selling of the Dark-Hunter Series, and
the public and the trade generally, throughout the United States, came to associate and do associate
the distinctive appearance, color and indicia of such trade dress with the Dark-Hunter Series, as
the source of origin of the work or works.
106.
After PLAINTIFF had originated, adopted and extensively used her trade dress in
connection with the merchandising of the Dark-Hunter Series and after such trade dress had
become well-known to the public and trade generally in that connection and identified by them
with the PLAINTIFF by reason of the distinctive appearance and indicia on it, DEFENDANT,
with full knowledge of the facts set forth above, and with the intention of appropriating unto herself
the goodwill and sales appeal, and the trade and public preference for, the Dark-Hunter Series,
achieved by the PLAINTIFF for extensive exploitation and knowing of the good name and
reputation acquired by PLAINTIFF in the sale of the Dark-Hunter Series, and in order to deprive
PLAINTIFF of the gains, profits, benefits and advantages that might and otherwise should and
23
would have accrued to her, with intent to injure and defraud the PLAINTIFF and to deceive and
confuse the purchasing public in trade as to the origin or source of the Shadowhunter Series, and
for the purpose of trading upon and taking advantage of the reputation and goodwill of the
PLAINTIFF and to produce a false impression, did unlawfully, unjustly, wrongfully and in willful
disregard of the PLAINTIFFs rights, appropriate, simulate, copy and imitate PLAINTIFFs trade
dress and employed and continues to employ her imitative trade dress in this district as well as the
United States, in connection with the selling and offering for sale of the Shadowhunter Series, the
Shadowhunter Motion Picture, and the Shadowhunter TV Show.
107.
The continued unauthorized use by the DEFENDANT of the confusingly similar
trade dress in connection with work or works of the same kind as the Dark-Hunter Series, has
caused and will inevitably cause, confusion and deception to the trade and public, and will lead
them erroneously to associate the work or works of the DEFENDANT with the PLAINTIFF, and
erroneously to believe the Shadowhunter Series, Motion Picture, and Shadowhunter TV Show are
either sold or sponsored by the PLAINTIFF or being placed upon the market with the consent and
authority of the PLAINTIFF, as a result of which the continued use by DEFENDANT of such
trade dress has caused, and unless restrained, will continue to cause serious and irreparable injury
to the PLAINTIFF.
108.
DEFENDANT appropriated PLAINTIFFs distinctive trade dress as stated with the
intent and purpose of misleading the trade and public, simulating PLAINTIFFs Dark-Hunter
Series and trade dress, and wrongfully trading upon and benefiting from, the goodwill built up by
the PLAINTIFF.
109.
The continued simulation by DEFENDANT of PLAINTIFFs trade dress and all
of the deceptive acts of the DEFENDANT as alleged above, has caused, and will continue to cause,
24
confusion and deception to the trade and the public, and the unfair competition by the
DEFENDANT has caused, and unless restrained, will continue to cause, confusion and deception
of the trade and public, and the unfair competition by DEFENDANT has caused, and unless
restrained will continue to cause, serious and irreparable injury to the Plaintiff.
PRAYER FOR RELIEF
WHEREFORE, PLAINTIFF prays for judgment against DEFENDANTS as follows:
1. COPYRIGHT INFRINGEMENT
A. That the Court find that DEFENDANTS have infringed PLAINTIFFs copyrights in the
Dark-Hunter Series;
B. That the Court find a substantial likelihood that DEFENDANTS will continue to infringe
PLAINTIFFs copyrights in the Dark-Hunter Series unless enjoined from doing so;
C. That DEFENDANTS, their directors, officers, agents, servants, employees, and all other
persons in active concert or privity or in participation with them, be enjoined from directly
or indirectly infringing PLAINTIFFs copyrights in the Dark-Hunter Series or continuing
to market, offer, sell, dispose of, license, lease, transfer, display, advertise, reproduce,
develop, import, publicly perform, broadcast, or manufacture any works derived from,
substantially similar to, or copied from the Dark-Hunter Series or to participate or assist in
any such activity;
D. That DEFENDANTS, their directors, officers, agents, servants, employees, and all other
persons in active concert or privity or in participation with them, be enjoined to recall from
all distributors, wholesalers, jobbers, dealers, retailers, and distributors, and all others
known to DEFENDANTS, any originals, copies, facsimiles, or duplicates of any works
25
shown by evidence to infringe any copyright in the Dark-Hunter Series or the Dark-Hunter
Marks;
E. That DEFENDANTS be enjoined to deliver upon oath, to be impounded during the
pendency of this action and destroyed pursuant to judgment herein, all originals, copies,
facsimiles, or duplicates of any work shown by the evidence to infringe any copyright in
the Dark-Hunter Series;
F. That DEFENDANTS be enjoined from using, and ordered to remove, any uniform resource
locator (URL or web-address), Twitter handles, Facebook pages, or other online
resource that infringes upon PLAINTIFFs copyright, including, but not limited to
shadowhunters.com
or
shadowhunterstv.com,
@shadowhunterstv,
and
facebook.com/shadowhuntersseries,
G. That DEFENDANTS be required to file with the Court and to serve on PLAINTIFF, within
30 days after service of the Courts order as herein prayed, a report in writing under oath
setting forth in detail the manner and form in which DEFENDANTS have complied with
the Courts order;
H. That at PLAINTIFFs election, if so made, judgment be entered for PLAINTIFF and
against DEFENDANTS for PLAINTIFFs actual damages according to proof, and for any
profits attributable to infringements of PLAINTIFFs copyrights in the Dark-Hunter Series,
in accordance with proof;
I. That at PLAINTIFFs election, if so made, judgment be entered for PLAINTIFF and
against DEFENDANTS for statutory damages based upon DEFENDANTS acts of
infringement, pursuant to the Copyright Act of 1976, 17 U.S.C. 101, et seq.;
26
J. That at PLAINTIFFs election, if so made, DEFENDANT attribute appropriate writing and

creative credit to PLAINTIFF;
K. That DEFENDANTS be required to account for all of their gains, profits, and advantages
derived from DEFENDANTS acts of infringement and for their other violations of law
alleged herein;
L. That all gains, profits, and advantages derived by DEFENDANTS from their acts of
infringement and other violations of law alleged herein be deemed to be held in
constructive trust for the benefit of PLAINTIFF;
M. That PLAINTIFF have judgment against DEFENDANTS for PLAINTIFFS costs and
attorneys fees;
N. That the Court grant such other and further relief as the Court deems just and proper under
the circumstances;
2. TRADEMARK INFRINGEMENT (Including Unfair Competition, False Advertising,
and Trade Dress)
O. That permanent injunctive relief issue restraining DEFENDANTS, their officers, agents,
servants, employees, representatives, successors and assigns, attorneys, and all those in
active concert or participation with them from:
i.
Using the Dark-Hunter Marks, trade dress, or any element thereof or substantially
or confusingly similar to, including shadowhunter or dark shadowhunter that
makes DEFENDANTS use confusingly similar to the Dark-Hunter Mark, in the
marketing, promotion, distribution, pubic performance, broadcast, and or sale of
any literary work, article of clothing, jewelry, video production, television
27
broadcast, or motion picture in any format, including DVD, Blu-Ray, digital

downloads, or streaming services, or any related goods or services; or
ii.
Infringing the Dark-Hunter Marks or trade dress, unfairly competing with

PLAINTIFF, or otherwise injuring PLAINTIFFS business reputation in any
manner;
iii.
Importing infringing products in the United States, as per 15 USC 1124;
P. That DEFENDANTS shall destroy all publications, DVDs, DVD covers, posters, software,
brochures, labels, signs, or other promotional materials that use the Dark-Hunter Marks,
trade dress, or any element thereof, including shadowhunter or dark shadowhunter that
makes DEFENDANTS use confusingly similar to the Dark-Hunter Marks;
Q. That DEFENDANTS be enjoined from using, and ordered to remove, any uniform resource
locator (URL or web-address), Twitter handles, Facebook pages, or other online
resource that infringes upon PLAINTIFFs copyright, including, but not limited to
shadowhunters.com
or
shadowhunterstv.com,
@shadowhunterstv,
and
facebook.com/shadowhuntersseries.
R. That DEFENDANTS shall pay PLAINTIFF compensatory damages and lost profits in an
amount according to proof;
S. That DEFENDANTS shall pay PLAINTIFF actual or statutory damages, as elected by
PLAINTIFF, as well as treble damages pursuant to 15 USC 1117(a) through (d).
T. That PLAINTIFF be awarded her reasonable attorney fees pursuant to 15 USC 1117(a);
U. That PLAINTIFF be awarded her costs in bringing this action;
V. That PLAINTIFF be awarded all such other and further relief as the Court deems just and
proper.
28
JURY DEMAND
PLAINTIFF hereby demands a jury trial with respect to all issues so triable of right by
jury.
Dated: February 5, 2016.
Respectfully submitted,
FROST BROWN TODD LLC
s/ James E. Mackler
James E. Mackler (BPR 024855)
William L. Campbell, Jr. (BPR 022712)
150 3rd Avenue South, Suite 1900
Nashville, Tennessee 37201
615.251.5550 Telephone
615.251-5551 Facsimile
jmackler@fbtlaw.com
ccampbell@fbtlaw.com
Attorneys for Plaintiff Sherrilyn Kenyon
0132504.0632346 4816-6193-4893v1
29
Exhibit 1
Case 3:16-cv-00191 Document 1-1 Filed 02/05/16 Page 1 of 5 PageID #: 30
Exhibit 1 to Complaint
The Dark-Hunter Series Infringed Works
Date of
Creation
Date of
Publication
The Beginning
1998
3/18/2001
Cafpress
The Beginning Dreams

Unlimited
1997
1997 - online
publication
unregistered website
publication
Second Chances
2003
12/31/2003
Cafepress
publication
Dark-Hunter
1999
1999 - online
publication
publication
Dark-Hunter Online Handbook
1999
1999 - online
publication
Dark-Hunter Christmas
2000
2000 - online
publication
Were-Hunter
2000
2000 - online
publication
Dream-Hunter
2000
2000 - online
publication
Fantasy lover
2001
1/18/2001
Dragonswan
2002
9/1/2002
Night Pleasures
2002
9/13/2002
Night Embrace
2002
6/13/2003
Phantom Lover
1999
10/15/2003
Dance With the devil
2003
11/7/2003
Kiss of the Night
2003
3/19/2004
Title
Copyright Registration
Number
publication
publication
publication
publication
publication
TX0005490909
TX0005619828
TX0005630247
TX0005755059
TX0005875082
TX0005833725
TX0005917531
PAGE 1 OF 4 OF EXHIBIT 1 TO COMPLAINT
Date of
Creation
2003
Date of
Publication
7/16/2004
Seize the Night
2003
12/10/2004
Winter Born
2004
10/15/2004
Sins of the Night
2004
6/10/2005
Unleash the Night
2004
12/9/2005
Sword of Darkness (as Kinley

MacGregor)
Dark Side of the Moon
2006
5/12/2006
2005
5/11/2006
Until Death We Do Part
2005
9/15/2006
Knight of Darkness (as Kinley

MacGregor)
2006
11/1/2006
Fear the Darkness
2006
1/26/2007
Dream-Hunter
2006
1/19/2007
Devil May Care
2006
7/19/2007
Upon the Midnight Clear
2006
10/12/2007
Dark-Hunter Companion
2006
11/13/2007
Dream Chaser
2007
1/18/2008
Acheron
2007
7/17/2008
Lords of Avalon: Sword of

Darkness
2007
9/24/2008
One Silent Night
2007
10/17/2008
Shadow of the Moon
2007
11/14/2008
Dream Warrior
2008
1/15/2009
Title
Night Play
Number
TX0006006731
TX0006089838
TX0006060014
TX0006214042
TX0006304292
TX0006354375
TX0006354505
TX0006479434
TX0006451817
TX0006548302
TX0006832592
TX0006885573
TX0006848494
TX0006900449
TX0007023837
TX0006900763
TX0007019336
Date of
Creation
2008
Date of
Publication
6/18/2009
Bad Moon Rising
2008
7/13/2009
Dark Hunters Volume 2
2009
2/10/2010
Infinity
2009
5/6/2010
No Mercy
2009
8/19/2010
2009
9/9/2010
Retribution
2010
7/14/2010
2010
2/9/2011
Invincible
2010
3/2/2011
The Guardian
2010
11/1/2011
Chronicles of Nick: Infamous
2011
2/23/2012
Darkness Within (The Lords of

Avalon)
2006
10/26/2010
Time Untime
2012
7/19/2012
Inferno
2012
3/20/2013
Dark-Hunters: Infinity, Vol. 1
2013
3/26/2013
Styx
2013
8/14/2013
Dark Bites (includes the short

stories "A Hard Day's Night
Searcher", created in 2005, and
"Where Angels Fear to Tread",
created in 2005)
2013
1/2/2014
Illusion
2013
3/13/2014
Son of No One
2013
8/13/2014
Title
Dark-Hunters Volume 1
Number
TX0007094970
TX0007045719
TX0007236241
TX0007266091
TX0007251288
TX0007302450
TX0007418675
TX0007476566
TX0007359341
TX0007509846
TX0007584702
TX0007701803
TX0007789285
TX0007766509
TX0007828604
TX0007842069
TX0007971546
Title
Instinct
Dragonbane
Date of
Creation
2014
Date of
Publication
3/12/2015
2015
8/4/2015
Number
TX0008021022
Exhibit 2
Trademarks
Word Mark
CHRONICLES
OF NICK
DREAMHUNTER
WERE-HUNTER
Date of
First Use
Registration
Date
5/6/2001
3/27/2012
7/18/2001
7/18/2001
3/27/2012
3/27/2012
Description of
Serial
Reg.
Intnl
Goods
Number Number Class
Printed matter and
paper goods,
namely, a series of
fiction books, book
marks, blank writing
journals, diaries,
notebooks,
16
85396863 4118627
calendars, note
cards, postcards,
stickers, bumper
stickers, posters,
prints, lithographs
and greeting cards.
Printed matter and
paper goods,
namely, a series of
fiction books, book
journals, diaries,
notebooks,
85396858 4118626
calendars, note
cards, postcards,
stickers, bumper
stickers, posters,
prints, lithographs
and greeting cards.
Printed matter and
paper goods,
namely, a series of
fiction books, book
journals, diaries,
85396837 4118624
notebooks,
calendars, note
cards, postcards,
stickers, bumper
stickers, posters,
16
16
Word Mark
LORDS OF
AVALON
LORDS OF
AVALON
DARK-HUNTER
DARK-HUNTER
Date of
First Use
Registration
Date
Description of
Goods
prints, lithographs
and greeting cards
Serial
Number
Reg.
Intnl
Number Class
8/21/2007
Printed matter and

paper goods,
namely, a series of
fiction books, book
journals, notebooks,
calendars, note
78740599 3283781
cards, postcards,
stickers, bumper
stickers, posters,
prints, and greeting
cards.
16
4/21/2007
Clothing for men,

women and
Children, namely,
shirts, sweatshirts,
tank tops, plastic
78740580 3283780
baby bibs and baby
bibs not made out of
paper, aprons,
underwear and hats
25
7/18/2001
4/25/2006
Printed matter and

paper goods,
namely, series of
fiction books, book
journals, diaries,
notebooks,
78579212 3084949
calendars, note
cards, postcards,
stickers, bumper
stickers, posters,
prints, lithographs
and greeting cards
16
3/18/2001
4/18/2006
3/28/2006
1/31/2005
Clothing for men,

women and
children, namely,
golf shirts, t-shirts,
78576905 3082141
25
Word Mark
Date of
First Use
Registration
Date
Description of
Goods
sweatshirts, tank
tops, plastic baby
bibs and baby bibs
not made out of
paper, aprons,
underwear and hats
Serial
Number
Reg.
Intnl
Number Class
Exhibit 3
Dark-Hunter / Shadowhunter Comparison
Both Series employ a line of warriors who protect the normal world from demons. The
Hunters (whether shadow or dark) operate in a high tech world that is hidden from everyday
mortals and deal with demons who come and go through portals to a Veil World. In both
Series, a young person becomes part of the Dark-Hunters (or Shadowhunters) world after being
saved by a gorgeous blond Dark-Hunter (or Shadowhunter).
The protagonists learn their
purpose and how to fight various demons and their own personal inadequacies, while dealing
with intricate family and friend issues. They face the constant threat of being consumed or being
converted to evil. They each must kill their demonic father.
Both Series feature mortal or normal objects (referred to as instruments by the
DEFENDANT), including without limitation a cup, a sword, and a mirror, each imbued with
magical properties to help battle evil and protect mankind.
The characters powers are
heightened or restrained by the use of supernatural markings.
Both Dark-Hunters and
Shadowhunters have enchanted swords that are divinely forged, imbued with otherworldly
spirits, have unique names, and glow like heavenly fire.
Both Series feature regular humans who are oblivious to the supernatural world. They
are called Baretos or Ords in the Dark-Hunter Series and Mundanes or Mundies in the
Shadowhunter Series. They can be turned by various demonic beasts into like creatures or
servants when bitten or fed blood. Humans can also be turned by drinking divine blood from a
sacred cup. They can use and perform magic. They cannot see through demon glamour (a term
used by both authors). Both Ords and Mundies can become forsaken (a condition referred to
as shade in the Dark-Hunter Series). Once in this state, they do not eat or sleep, are in agony
and cannot be seen or heard.
When regular humans mix with supernatural beings (whether Dark-Hunters or
Shadowhunters), the divine blood is dominant and the children will inherit those powers. In both
works, demons often seduce humans to produce offspring with powers.
Shadowhunter, like
Dark-Hunters, can be freed from their lives but each supernatural character must first figure out
his or her own unique path to freedom.
SETTING
Both works take place in an urban world that is not what it seems. Theirs is a world
behind the veil with portals that lead to heaven realms and hell realms. There are segregated
wards used as walls to hold back demons and neutral grounds that are safe zones. Different
dimensions exist. Supernatural beings break through to the world of man. These worlds are not
readily accessible to mortals.
CHARACTERS
DarkHunters
Shadowhunters
NickGautier:
a. Believeshimselfanormalhumanuntil
thenightwhenamysteriousDark
Huntersaveshislife.
b. Hashissupernaturalpowersbound
anddoesntknowaboutthemuntil
afterhismotheriskidnappedby
demons.
c. Discoversthepsychicmysticwholives
nextdoorisnotwhatsheseems.
ClaryFray:
a. Isataclubwithfriendswhentheyare
attackedbyagroupofdemons.A
mysteriousShadowhuntersavesher
life.
b. Hassupernaturalpowersanddoesnot
knowaboutthemuntilafterher
motheriskidnappedbydemons.
c. Discoversthepsychicnextdoorisnot
whatsheseems.
DarkHunters
d. HebecomesaDarkHunteronlyto
learnhehasthebloodofangelsinhim.
Shadowhunters
d. ShebecomesaShadowhunterand
learnsshehasangelbloodinher.
e. Hismother,whoalsohasangelblood,
isputintoatrance.
f. Hasachildhoodfriendinlovewith
him.
g. Hisfatherisademonhehasto
destroy.
e. Hermother,whoalsohasangelblood,
isputintoatrance.
f. Hasachildhoodfriendinlovewithher.
g. Herfatherisademonshehasto
destroy.
h. Eventscausehimtomistrustthehero
ofthestorywhowasoncehisbest
friend.Hewantstotrusthim,but
cant.
AdarianMalachai:
a. Nicksfather.
b. Hasanotherparanormalson.
c. Tries to make his sons more evil and

strengthenhimself.
d. Escapesandgoesintohiding.
e. Tallandveryhandsome.
f. He uses demon blood to convert

humanity.
g. Had a brotherlike friend he betrayed

whohateshisguts.
h. Triestoburnthehumanityfromhis
children.
h. Eventscausehertomistrustthehero
ofthestorywhowasonceherbest
friend.Shewantstotrusthim,but
cant.
ValentineMorgenstern:
a. Clarysfather.
b. Hasanotherparanormalson.
c. Triestomakehissonsmoreeviland
strengthenhimself.
d. Escapesandgoesintohiding.
e. Tallandveryhandsome.
f. Heusesdemonbloodtoconvert
humanity.
g. Hadabrotherlikefriendhebetrayed
whonowdespiseshim.
h. Triestoburnthehumanityfromhis
children.
i.
DarkHunters
Fostersaprotg.
CheriseGautier:
a. Nicksmother.
i.
Shadowhunters
Fostersaprotg.
JoceylynFray:
a. Clarysmother.
b. LivesnextdoortoanAfricanAmerican
b. LivesnextdoortoanAfricanAmerican
psychicwhosehomeisdecoratedwith
psychicwhosehomeisdecoratedwith
protectionsymbolsandancient
protectionsymbolsandancient
artifacts.
artifacts.
c. Wasayoungmotherwhohasthe
bloodofangelsandhumansinher.
d. Getskidnappedbydemonsandgoes
intoamagicalcoma.
Urian/Galan:
c. Wasayoungmotherwhohasthe
bloodofangelsandhumansinher.
d. Getskidnapped.Goesintoamagical
coma.
JonathanMorgenstern:
a. Nekodasbrother.
a. Clarysbrother.
b. Hehasonenamebutgoesbyanother.
b. Hehasonenamebutgoesbyanother.
c. Canbesadisticasaresultoffeedingon
c. Canbesadisticasaresultoffeedingon
demonbloodandhaslostmostofhis
demonbloodandhaslostmostofhis
humanity.
humanity.
d. Hecanbecharmingwhenhewants.
d. Hecanbecharmingwhenhewants.
e. Heattackstheheroes,killingthe
e. Heattackstheheroes,killingthe
siblingofthemaincharacters,severely
siblingofthemaincharacters,severely
DarkHunters
woundingothersandiseventually
Shadowhunters
woundingothersandiseventually
killedhimself.
killedhimself.
f. Hisbodyisneverrecoveredbyhis
f. Hisbodyisneverrecoveredbyhis
father.
father.
g. Heisbroughtbacktolifebythehero
g. Heisbroughtbacktolifebythehero
whoputshismarkonhimtocontrol
whoputshismarkonhimtocontrol
him.
him.
h. Heplaysadoubleagent.
h. Heplaysadoubleagent.
i.
i.
Becauseofthewayheisbroughtback,
hislifeforceistiedtothemainhero.
hislifeforceistiedtothemainhero.
j.
Hethreatenstoraiseanarmyof
Becauseofthewayheisbroughtback,
j.
HeraisesanarmyofDark
demonstodestroytheworldand
Shadowhuntersanddemonsto
cannotbekilledwithoutitkillingthe
destroytheworldandcannotbekilled
hero.
withoutitkillingthehero.
k. Saidtobethespittingimageofhis
father.
MenyaraChartier:
a. AfricanAmericanpsychicand
clairvoyant.
b. SheshieldsNickandhismotherfrom
thepowersofdarknessandwatches
k. Saidtobethespittingimageofhis
father.
MadameDorothea:
a. AfricanAmericanpsychicand
clairvoyant.
b. SheshieldsClaryandhermotherfrom
thepowersofdarknessandwatches
DarkHunters
overthem.
c. Shewantstoprotectthemandkeep
Shadowhunters
overthem.
c. Shewantstoprotectthemandkeep
themsafefromthedemonworld.She
themsafefromthedemonworld.She
livesnextdoortothem.
livesnextdoortothem.
MichaelTylerBigBubbaBurdette:
a. Nicksbestfriend.
LukeGarrowaya/k/aLucianGraymark:
a. Clarysbestfriend.
b. Blueeyeswithdarkhair.
b. Blueeyeswithdarkhair.
c. TheonlyfatherNickhaseverknown.
c. TheonlyfatherClaryhaseverknown.
d. Ownsacomputerandodditystorethat
d. Ownsbooksandodditiesstorethat
bearshisname.
e. Isahumanhunterofparanormal
beastsbecausehefellvictimtoone.
f. Wearsflannelshirts(consistentwith
bearshisname.
e. Aformerhumanhunterofparanormal
beastsbecausehefellvictimtoone.
f. Wearsflannelshirts(inconsistentwith
ruralcharacterbackgroundPLAINTIFF
citysettinginwhichCLAREsetsher
usesforhercharacter).
character).
Asha/k/aAcheronParthenopaeus,Acheron
ofDidymos,Apostolos,AshParthenopaeus,
TheElekti,TheHarbinger:
a. Orphanedatayoungage,hesraised
inadoptivehomes.
b. Sendsanotetohisenemythatsays,I
amcomingforyou.
Jacea/k/aJonathanChristopher
Wayland/Lightwood/Morgenstern/
Herondale:
a. Orphanedatayoungage,andgrows
upwithanadoptivefamily.
b. Sendsanotetohisenemythatsays,I
amcoming.
DarkHunters
c. Hehascharacterswhocallhim
Shadowhunters
c. Hehascharacterswhocallhim
differentnamesandoftenhasto
differentnamesandoftenhasto
correctthem.
correctthem.
d. Tattooed,blond,gothandsarcastic.
d. Tattooed,blond,gothandsarcastic.
e. Generallyaloofbutbondedtothe
e. Generallyaloofbutbondedtothe
protagonistsavedbyaShadowhunter.
protagonistsavedbyaDarkHunter.
f. Knowswhoandwhatthepsychicis
f. Heknowswhoandwhatthepsychicis
whoboundNickspowersthemoment
theinstanttheymeet.
theymeet.
g. Istoldhehasonefather,buthisfather
g. Istoldhehasonefather,buthisfather
issomeoneelse.
issomeoneelse.
h. HaspowersgreaterthanotherDark
h. Haspowersgreaterthanother
Hunters.Hisabilitiesarearesultofhis
Shadowhunters.Hisabilitiesarea
parentsactionswhilehewasafetus.
resultofhisparentsactionswhilehe
wasafetus.
i.
Stealthy.
i.
Stealthy.
j.
Bodycoveredinscars.
j.
Bodyiscoveredinscars.
k. Tattoosthatcomeandgoandserveas
k. Tattoosthatcomeandgoandserveas
protection.
protection.
l.
Islefthanded.
m. Hadasisternotreallyrelatedtohim
l.
Islefthanded.
m. Hasasisternotreallyrelatedtohim
DarkHunters
whonaggedhim.
n. HasafriendnamedAlexionwhoislike
Shadowhunters
whonaggedhim.
n. HasafriendnamedAlecwhoislikea
abrothertohimandtheyarebonded
brothertohimandtheyarebonded
togetherforlife.
togetherforlife.
o. AshtakescareofAlexion.
TabithaDeverauxMagnus:
o. JacetakescareofAlec.
IsabelleLightwood:
a. Rebelliousandbeautiful.
a. Rebelliousandbeautiful.
b. Stalksdemonsandvampires,anything
b. Stalksdemonsandvampires,anything
thatpreysonhumans.
thatpreysonhumans.
c. Hercookingismocked.
c. Hercookingismocked.
d. Shewearstallbootsandisknownto
d. Shewearstallbootsandisknownto
bedangerousandheavilyarmedatall
bedangerousandheavilyarmedatall
times.
times.
e. Shealwayshasweaponsinherboots.
e. Shealwayshasweaponsinherboots.
f. Wearsheelsorplatformboots(even
f. Shewearshighheels(eventhoughshe
thoughsheistall).
istall).
g. Uniquesignatureweaponsheisskilled
g. Uniquesignatureweaponsheisskilled
with.Dresseswellandloansother
with.Dresseswellandloansother
charactersherclothes.
charactersherclothes.
h. Seemsflamboyantandloud,butis
h. Seemsflamboyantandloud,butis
generousandtenderhearted.
generousandtenderhearted.
i.
j.
DarkHunters
Extremelycaringandresponsibleforall
i.
Shadowhunters
Extremelycaringandresponsibleforall
thosearoundher.Alwaystakes
thosearoundher.Alwaystakes
responsibility.
responsibility.
Whenalovedoneiskilledshefeels
j.
Whenalovedoneiskilledshefeels
responsibleeventhoughshewas
responsibleeventhoughshewas
unconsciousatthetime.
unconsciousatthetime.
k. SheisfriendswithNickandAsh.
k. FriendswithSimon.
l.
l.
Isfiercelyprotectiveofhergay
roommate.
Fiercelyprotectiveofhergayfriend.
m. Hasamber/goldeyes.
m. Hasbrowneyeswithgold/amber.
n. Haslongdarkauburnhairshedyesjet
n. Haslonginkblackhair.
black.
o. ThinksofAshasabrother.
o. ThinksofJaceasherbrother.
p. Losesasiblingshesclosetoearlyin
p. Losesasiblingshesclosetoearlyin
theseries.
NicolettePeltier:
theseries.
AmatisGraymark:
a. Shapeshifter.
a. Shapeshifter.
b. Caresforothershapeshifterswholose
b. Caresforothershapeshifterswhohave
theirfamilies.
losttheirfamilies.
c. Hasastrongsenseofcode.
c. Hasastrongsenseofcode.
d. Turnsonherownfamilywhenshe
d. Turnsonherownfamilywhenshe
DarkHunters
feelstheyviolatedshapeshiftercode.
e. Becauseofhermixedfamily,sheis
Shadowhunters
feelstheyviolatedshapeshiftercode.
e. Becauseofhermixedfamily,sheis
lookeddownuponbyother
lookeddownuponbyother
paranormalentitiesandjudgedharshly
paranormalentitiesandjudgedharshly
forit.
forit.
f. Regretsherdecisiontobanisha
f. Regretsherdecisiontobanisha
shapeshifterwhobecamedistrustfulof
shapeshifterwhobecamedistrustfulof
her.
her.
g. InNightEmbrace(2003),werewolves
g. InCityofGlass(2009),werewolves
takerefugeinherhomeafterabattle
takerefugeinherhomeafterabattle
withdemonsandDarkHunterswhere
withdemonsandShadowhunters
theyrewounded.HelpsDarkHunters
wheretheyrewounded.Helps
battledemons.
ShadowhuntersbattleDark
Shadowhunters.
h. Isseenforatimeasanenemy.
h. Isseenforatimeasanenemy.
i.
i.
Diesinbattlewhilepassingonelast
Diesinbattlewhilepassingonelast
longinglookatherfamilyshelovesand
longinglookatherfamilyshelovesand
redeemsherself.
redeemsherself.
IasofGroesiaAKAAlexion:
AlexanderAlecGideonLightwood:
a. HighlyprotectiveofAsh.
a. HighlyprotectiveofJace.
b. HeisboundtoAshforlifeanddepends
b. He is bound to Jace for life and
onhim.
dependsonhim.
DarkHunters
Shadowhunters
c. Theyfighttogether.
EricSt.James:
a. Jetblackhairspikedwithcolor.
c. Theyfighttogether.
MagnusBane:
a. Jetblackhairspikedwithcolor.
b. Bisexual
SimoneDubois:
a. Biracialheroine.
b. Bisexual
MaiaRoberts:
a. Biracialheroine.
b. Brotherisviolentlykilledthus
b. Brotherisviolentlykilledthus
traumatizingtheheroine.
traumatizingtheheroine.
c. Shedoesntknowshesanythingother
c. Shedoesntknowshesanythingother
thanaregularhuman.
d. Turnsouttobeacreatureofthe
thanaregularhuman.
d. Turnsouttobeacreatureofthe
paranormalworld.
paranormalworld.
e. Israisedinanadoptiveenvironment.
e. Israisedinanadoptiveenvironment.
f. Isviolentlyattackedbyademon.
f. Isviolentlyattackedbyademon.
g. Sheishauntedbyateenboywhodies
g. Sheishauntedbyateenboywhodies
inacarwreck.
inacarwreck.
h. Curlybrownandgoldhair.
h. Curlybrownandgoldhair.
i.
Amberbrowneyes.
i.
Amberbrowneyes.
j.
Lightbrownskin.
j.
Lightbrownskin.
k. Notmuchissaidaboutherparents,
k. Notmuchissaidaboutherparents,
DarkHunters
onlyherbrotherTonywhodiedata
Shadowhunters
onlyherbrotherDanielwhodiedata
youngage.
youngage.
Apollodorus:
Max:
a. Ashsnephew.
a. Jaceloveshimlikealittlebrother.
b. Giveshimatoy.
b. Hepassesatoyalongtohim.
c. ApollodorusdeathdevastatesAsh.
c. MaxsdeathdevastatesJace.
Wulf:
Cursedsothatnoonecanrememberhim
Raziel:
MemoryofRazielsappearancesfledfrom
afterheleavestheirpresence.
mindandmemoryasquicklyastheywere
seen.
Malachai:
Moloch:
Thehighestorderofdemon.
Thehighestorderofdemon.
SCENE SIMILARITIES
DarkHunter
Shadowhunter
SquireCouncil:
ClaveCouncil:
a. Politicalorganizationthatoverseesthe
a. Thepoliticalbodythatoverseesthe
DarkHunters.
Shadowhunters.
b. Localbranchesandregions
b. Localbranchesandregions.
c. ThereareothercouncilsforWere
c. TheClaveCouncilincorporatesall
HuntersandDreamHunters,aswellas
relatedsupernaturalbeings,notonly
DarkHunter
Squires.
Shadowhunter
Shadowhunters.
d. EntireCouncilmaybesummoned,or
d. EntireCouncilmaybesummoned,or
onlythosewhoarenecessaryor
onlythosewhoarenecessaryor
involvedinthematterathand.
involvedinthematterathand.
e. Particularmeetingshavedistinct
names.
f. Aparticulargrouplostitsseatatthe
council.
g. Roundchamberhallwithamagical
portalentrance.
WereHunters:
a. Practicemagictheyinheritthrough
birth.
b. Havetomaketheirownwayinthe
e. Particularmeetingshavedistinct
names.
f. Aparticulargrouplostitsseatatthe
council.
g. Roundchamberhallwithamagical
portalentrance.
Daimons:
birth.
b. Havetomaketheirownwayinthe
world.HavebeenbetrayedbyDark
world.Havebeenbetrayedby
Hunters.
Shadowhunters.
c. Havetheirownspecialmarkingsfrom
subtletoobvious.
d. Canhidetheirmarkswiththeir
powers.
e. Originallycreatedthroughdeceit.
c. Havetheirownspecialmarkingsfrom
subtletoobvious.
d. Canhidetheirmarkswiththeir
powers.
e. Originallycreatedthroughdeceit.
DarkHunter
f. Whilenotimmortal,theylive
Shadowhunter
f. Theywereimmortalbeingswho
incrediblylonglivesthatmakethem
stoppedaging.
appearimmortaltosome.
g. Theyareunabletohavechildren.
Adoni:
birth.
b. Havetheirownspecialmarkingsfrom
subtletoobvious.
g. Theyareunabletohavechildren.
Warlocks:
birth.
b. Havetheirownspecialmarkingsfrom
subtletoobvious.
c. Theycanhidetheirmarkswithpowers.
c. Theycanhidetheirmarkswithpowers.
d. Immortalbeingswhostopaging.
d. Immortalbeingswhostopaging.
e. Theyareoftenreferredtoby
e. Theyareoftenreferredtoby
derogatoryterms.
derogatoryterms.
Sanctuary:
a. Foundedoveronehundredyearsago
ThePraetorLupus:
a. Foundedoveronehundredyearsago
afterthedeathofshapeshifter
afterthedeathofshapeshifter
relativetoprovideaplaceofrefugeor
relativetoprovideaplaceofrefugeor
Sanctuaryforotherpreternatural
Sanctuaryforotherpreternatural
beings.
beings.
b. Aplacewhereotherscanlearntheir
b. Aplacewhereotherscanlearntheir
DarkHunter
powersandhaveprotection.
Shadowhunter
powersandhaveprotection.
Aparticulardiseasecanturnhumansinto
Aparticulardiseasecanturnhumansinto
demons.
demons.
Portals:
a. Demonscomeandgofromthehuman
Portals:
a. Demonscomeandgofromthehuman
worldthroughsecretportals.
b. Darkhuntersdonotknowthelayout
ofthedemonrealm.
c. Humanscannotreturnfromthe
worldthroughsecretportals.
b. Shadowhunters do not know the
layoutofthedemonrealm.
c. Humans cannot return from the
demonrealmbutdemonswhoare
demon realm but demons who are
killedcanreturn.
killedcanreturn.
Exhibit 4
Dark-Hunter Trade Dress
Exhibit 5
Shadowhunter Trade Dress
Early Shadowhunter Series Book Covers
Current Shadowhunter Series Covers
Motion Picture Promotion

Join the Shadowhunters
Shadowhunters TV Series Promotion
CIVIL COVER SHEET
-65HY
7KH-6FLYLOFRYHUVKHHWDQGWKHLQIRUPDWLRQFRQWDLQHGKHUHLQQHLWKHUUHSODFHQRUVXSSOHPHQWWKHILOLQJDQGVHUYLFHRISOHDGLQJVRURWKHUSDSHUVDVUHTXLUHGE\ODZH[FHSWDV
SURYLGHGE\ORFDOUXOHVRIFRXUW7KLVIRUPDSSURYHGE\WKH-XGLFLDO&RQIHUHQFHRIWKH8QLWHG6WDWHVLQ6HSWHPEHULVUHTXLUHGIRUWKHXVHRIWKH&OHUNRI&RXUWIRUWKH
SXUSRVHRILQLWLDWLQJWKHFLYLOGRFNHWVKHHW(SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
DEFENDANTS
Sherrilyn Kenyon
Cassandra Clare aka Judith Rumelt aka Judith Lewis and DOES 1
through 50, inclusive
Davidson County, TN
(b)&RXQW\RI5HVLGHQFHRI)LUVW/LVWHG3ODLQWLII
&RXQW\RI5HVLGHQFHRI)LUVW/LVWHG'HIHQGDQW
(EXCEPT IN U.S. PLAINTIFF CASES)
Hampshire County, MA
(IN U.S. PLAINTIFF CASES ONLY)

127( ,1/$1'&21'(01$7,21&$6(686(7+(/2&$7,212)
7+(75$&72)/$1',192/9('

$WWRUQH\V(If Known)
(c)$WWRUQH\V(Firm Name, Address, and Telephone Number)
James E. Mackler, William L. Campbell, Jr., Frost Brown Todd LLC, 150
3rd Ave S, Ste 1900, Nashville, Tennessee 37201, 615.251.5550.
jmackler@fbtlaw.com; ccampbell@fbtlaw.com
II. BASIS OF JURISDICTION(Place an X in One Box Only)

u 86*RYHUQPHQW
3ODLQWLII
u )HGHUDO4XHVWLRQ
(U.S. Government Not a Party)
u 86*RYHUQPHQW
'HIHQGDQW
u 'LYHUVLW\
(Indicate Citizenship of Parties in Item III)
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

(For Diversity Cases Only)
PTF
&LWL]HQRI7KLV6WDWH
u
DEF
u
and One Box for Defendant)

PTF
DEF
,QFRUSRUDWHGor3ULQFLSDO3ODFH
u
u
RI%XVLQHVV,Q7KLV6WDWH
&LWL]HQRI$QRWKHU6WDWH
u
u
,QFRUSRUDWHGand3ULQFLSDO3ODFH
RI%XVLQHVV,Q$QRWKHU6WDWH
u
u
&LWL]HQRU6XEMHFWRID
)RUHLJQ&RXQWU\
u
u
)RUHLJQ1DWLRQ
u
u
IV. NATURE OF SUIT(Place an X in One Box Only)

CONTRACT
TORTS
u
u
u
u
,QVXUDQFH
0DULQH
0LOOHU$FW
1HJRWLDEOH,QVWUXPHQW
5HFRYHU\RI2YHUSD\PHQW
(QIRUFHPHQWRI-XGJPHQW
0HGLFDUH$FW
5HFRYHU\RI'HIDXOWHG
6WXGHQW/RDQV
([FOXGHV9HWHUDQV
5HFRYHU\RI2YHUSD\PHQW
RI9HWHUDQV%HQHILWV
6WRFNKROGHUV6XLWV
2WKHU&RQWUDFW
&RQWUDFW3URGXFW/LDELOLW\
)UDQFKLVH
u
u
u
u
u
u
REAL PROPERTY
/DQG&RQGHPQDWLRQ
)RUHFORVXUH
5HQW/HDVH (MHFWPHQW
7RUWVWR/DQG
7RUW3URGXFW/LDELOLW\
$OO2WKHU5HDO3URSHUW\
u
u
u
u
u
u
u
PERSONAL INJURY

u $LUSODQH
u $LUSODQH3URGXFW
/LDELOLW\
u $VVDXOW/LEHO
6ODQGHU
u )HGHUDO(PSOR\HUV
/LDELOLW\
u 0DULQH
u 0DULQH3URGXFW
/LDELOLW\
u 0RWRU9HKLFOH
u 0RWRU9HKLFOH
3URGXFW/LDELOLW\
u 2WKHU3HUVRQDO
,QMXU\
u 3HUVRQDO,QMXU\
0HGLFDO0DOSUDFWLFH
CIVIL RIGHTS
u 2WKHU&LYLO5LJKWV
u 9RWLQJ
u (PSOR\PHQW
u +RXVLQJ
$FFRPPRGDWLRQV
u $PHUZ'LVDELOLWLHV
(PSOR\PHQW
u $PHUZ'LVDELOLWLHV
2WKHU
u (GXFDWLRQ
FORFEITURE/PENALTY
PERSONAL INJURY
u 3HUVRQDO,QMXU\
3URGXFW/LDELOLW\
u +HDOWK&DUH
3KDUPDFHXWLFDO
3HUVRQDO,QMXU\
3URGXFW/LDELOLW\
u $VEHVWRV3HUVRQDO
,QMXU\3URGXFW
/LDELOLW\
PERSONAL PROPERTY
u 2WKHU)UDXG
u 7UXWKLQ/HQGLQJ
u 2WKHU3HUVRQDO
3URSHUW\'DPDJH
u 3URSHUW\'DPDJH
3URGXFW/LDELOLW\
PRISONER PETITIONS
Habeas Corpus:
u $OLHQ'HWDLQHH
u 0RWLRQVWR9DFDWH
6HQWHQFH
u *HQHUDO
u 'HDWK3HQDOW\
Other:
u 0DQGDPXV 2WKHU
u &LYLO5LJKWV
u 3ULVRQ&RQGLWLRQ
u &LYLO'HWDLQHH
&RQGLWLRQVRI
&RQILQHPHQW
u 'UXJ5HODWHG6HL]XUH
RI3URSHUW\86&
u 2WKHU
BANKRUPTCY
u $SSHDO86&
u :LWKGUDZDO
86&
PROPERTY RIGHTS
u &RS\ULJKWV
u 3DWHQW
u 7UDGHPDUN
u
u
u
u
u
u
LABOR
)DLU/DERU6WDQGDUGV
$FW
/DERU0DQDJHPHQW
5HODWLRQV
5DLOZD\/DERU$FW
)DPLO\DQG0HGLFDO
/HDYH$FW
2WKHU/DERU/LWLJDWLRQ
(PSOR\HH5HWLUHPHQW
,QFRPH6HFXULW\$FW
u
u
u
u
u
SOCIAL SECURITY
+,$II
%ODFN/XQJ
',:&',::J
66,'7LWOH;9,
56,J
FEDERAL TAX SUITS

u 7D[HV863ODLQWLII
RU'HIHQGDQW
u ,567KLUG3DUW\
86&
OTHER STATUTES
u
u
u
u
u
u
u
u
u
u
u
u
u
u
u
u
)DOVH&ODLPV$FW
6WDWH5HDSSRUWLRQPHQW
$QWLWUXVW
%DQNVDQG%DQNLQJ
&RPPHUFH
'HSRUWDWLRQ
5DFNHWHHU,QIOXHQFHGDQG
&RUUXSW2UJDQL]DWLRQV
&RQVXPHU&UHGLW
&DEOH6DW79
6HFXULWLHV&RPPRGLWLHV
([FKDQJH
2WKHU6WDWXWRU\$FWLRQV
$JULFXOWXUDO$FWV
(QYLURQPHQWDO0DWWHUV
)UHHGRPRI,QIRUPDWLRQ
$FW
$UELWUDWLRQ
$GPLQLVWUDWLYH3URFHGXUH
$FW5HYLHZRU$SSHDORI
$JHQF\'HFLVLRQ
&RQVWLWXWLRQDOLW\RI
6WDWH6WDWXWHV
IMMIGRATION
u 1DWXUDOL]DWLRQ$SSOLFDWLRQ
u 2WKHU,PPLJUDWLRQ
$FWLRQV
V. ORIGIN(Place an X in One Box Only)

u 2ULJLQDO
3URFHHGLQJ
u 5HPRYHGIURP
6WDWH&RXUW
u
5HPDQGHGIURP
$SSHOODWH&RXUW
u 5HLQVWDWHGRU
5HRSHQHG
u 7UDQVIHUUHGIURP
$QRWKHU'LVWULFW
u 0XOWLGLVWULFW
/LWLJDWLRQ
(specify)
VI. CAUSE OF ACTION
&LWHWKH86&LYLO6WDWXWHXQGHUZKLFK\RXDUHILOLQJ(Do not cite jurisdictional statutes unless diversity)

Sec/ 43(a) Lanham Act; 15 U.S.C. 1125(a), 101 et. seq, and the Copyright Act of 1976, 17 U.S.C. 101 et seq.
%ULHIGHVFULSWLRQRIFDXVH
Trademark infringement, copyright infringement, unfair competition, false advertising, and trade dress infringement
u &+(&.,)7+,6,6$CLASS ACTION
VII. REQUESTED IN
81'(558/()5&Y3
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
-8'*(
'$7(
DEMAND $
&+(&.<(6RQO\LIGHPDQGHGLQFRPSODLQW
u <HV
u 1R
JURY DEMAND:
'2&.(7180%(5
6,*1$785(2)$77251(<2)5(&25'
s/ James E. Mackler
02/05/2016
FOR OFFICE USE ONLY
5(&(,37
$02817
$33/<,1*,)3
-8'*(Page 1 of 1 PageID
0$*-8'*(
Case
3:16-cv-00191 Document
1-6 Filed 02/05/16
#: 65
AO 440 (Rev. 12/09) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
Middle District of Tennessee

SHERRILYN KENYON,
Plaintiff
V.
CASSANDRA CLARE, a/k/a JUDITH RUMELT, a/k/a

JUDITH LEWIS and DOES 1 through 50, inclusive,
)
)
Civil Action No,
16
Defenda~~t
SUMMONS IN A CIVIL ACTION

To: (Defenda,zt's name and address) CASSANDRA CLARE, a/k/a JUDITH RUMELT, a/k/a JUDITH LEWIS
155 NORTHAMPTON RD
AMHERST, MA 01002-2513
A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,
whose name and address are: James E. Mackler, William L. Campbell, Jr.
FROST BROWN TODD LLC
150 3rd Avenue North, Suite 1900
Nashville, Tennessee 37201
(615) 251-5550
jmackler@fbtlaw.com; ccampbell@fbtlaw.com
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
Ji11,11 iCtCINORTON
CLERK OF COURT
FEB 5 2016
Date:
~u
Signature of Clerk or Depuq, Clerk
AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)
Civil Action No.

PROOF OF SFRVICF
(This section should not be filed with the court unless required by Fe(l. R, Civ. P. 4 (1))
This summons for (name of individual and title, if mw)
was received by me on (date)
0 I personally served the summons on the individual at (place)
on (date)
; or
[7) I left the summons at the individual's residence or usual place of abode with (name)
a person of suitable age and discretion who resides there,
on (date)
and mailed a copy to the individual's last known address; or

, who is
17) 1 served the summons on (name of individual)

designated by law to accept service of process on behalf of (name of organization)
on (date)
; or
; or
C) I returned the summons unexecuted because

0 Other (specifj):
My fees are $
for travel and $
for services, for a total of $
0.00
I declare under penalty of pet jury that this information is true.
Date
Server's signature
Printed name and title
Server's address
Additional information regarding attempted service, etc:

Kenyon v. Clare - Complaint

Enviado por

Dados do documento

Direitos autorais

Formatos disponíveis

Compartilhar este documento

Compartilhar ou incorporar documento

Opções de compartilhamento

Você considera este documento útil?

Este conteúdo é inapropriado?

Direitos autorais:

Formatos disponíveis

Kenyon v. Clare - Complaint

Enviado por

Direitos autorais:

Formatos disponíveis

UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF TENNESSEE

PLAINTIFF is a resident and citizen of the State of Tennessee who resides in

CLARE is a resident and citizen of Amherst, Massachusetts and is the author of

The Mortal Instruments series of books (the Shadowhunter Series).

At all relevant times each DEFENDANT who knowingly induced, caused, or

JURISDICTION AND VENUE

This is an action for trademark infringement, copyright infringement, unfair

PLAINTIFF is owner of certain trademark rights in the word-mark Dark-Hunter,

The Dark-Hunter Series of science-fiction/fantasy novels is a #1 New York Times

publication by CLARE of a work that incorporated PLAINTIFFs Dark-Hunter Marks.

Despite PLAINTIFFs continuing protests and

CLAREs website, shadowhunters.com (the Shadowhunters Website) features

In addition to adopting identifying marks and trade dress confusingly similar to

Dark-Hunter t-shirts, sold through

cafepress.com, among other retailers, feature a similar font style.

Adding to the confusion, a Shadowhunter line of jewelry is derivative of a similar

The products are so confusingly similar that a pendant inspired by the

Shadowhunter Series is displayed on an etsy.com webpage described as the [o]fficial Site of

In addition to the first use in interstate commerce of the Dark-Hunter Marks on

23, inclusive, and incorporates them herein by this reference.

DEFENDANT CLARE, in writing The Mortal Instruments and the Shadowhunters

Comparing the Dark-Hunter Series to CLARES work or works, the literary

Hellchasers, Hell-Hunter, Were-Hunter, Dream-Hunter, Dark-Hunter: Deadmans

CLARE began writing her

A non-exhaustive list of the substantial similarities in plot, setting, characters, and

CLAREs willful copying of the Dark-Hunter Series infringes PLAINTIFFs

PLAINTIFF is further entitled to recover from CLARE the damages, including

SECOND CAUSE OF ACTION

37, inclusive, and incorporates them herein by this reference.

The Motion Picture DEFENDANTS copying of the Dark-Hunter Series infringes

PLAINTIFF is further entitled to recover from the Motion Picture DEFENDANTS

45, inclusive, and incorporates them herein by this reference.

DEFENDANTS CLARE and DOES 1-50 (the TV Show DEFENDANTS) are

credited as writers and/or producers of the 2015 Shadowhunters TV Show.

The TV Show DEFENDANTS, in writing and producing the Shadowhunters TV

The TV Show DEFENDANTS copying of the Dark-Hunter Series infringes

The natural, probable, and foreseeable result of the TV Show DEFENDANTS

PLAINTIFF is further entitled to recover from the TV Show DEFENDANTS the

53, inclusive, and incorporates them herein by this reference.

The Shadowhunter Series and promotional websites, clothing, and associated

jewelry infringe on PLAINTIFFs Dark-Hunter Marks.

The words shadowhunters and dark-hunters themselves are similar.

The words shadowhunters and dark-hunters are both used to describe

supernatural beings dedicated to fighting demons and saving humanity.

The Shadowhunter Series refers repeatedly to shadowhunters in terms that lead to

The confusion between dark-hunters and shadowhunters is so pervasive that many

CLARE uses shadowhunters and dark-shadowhunters as variations of the

CLAREs use of shadowhunters and dark-shadowhunters in connection with

CLAREs selection, incorporation, and use of shadowhunters and dark-

CLAREs infringing use of shadowhunters and dark-shadowhunters as

FIFTH CAUSE OF ACTION

70, inclusive, and incorporates them herein by this reference.

dark-shadowhunters as variations of the Dark-Hunters Marks in connection with the production

Their use of these terms is explicitly misleading and not authorized by

The Motion Picture DEFENDANTS selection, incorporation, and use of

shadowhunters and dark-shadowhunters as variations of Dark-Hunter Marks was made with

The Motion Picture DEFENDANTS infringing use of shadowhunters and dark-

shadowhunters as variations of the Dark-Hunter Marks is causing immediate and irreparable

79, inclusive, and incorporates them herein by this reference.

PLAINTIFFs trademark rights.

The use of the name Shadowhunters and shadowhunterstv.com in conjunction

The Dark-Hunter Series is promoted on a website called dark-

The TV Show DEFENDANTS copying of the Dark-Hunter Series infringes