Glitter Gulch Complaint

Case 2:08-cv-01090-RCJ-RJJ Document 1 Filed 08/18/2008 Page 1 of 31
1 JOHN L. KRIEGER (Nevada Bar No. 6023)

jkrieger@lrlaw.com
2 LEWIS AND ROCA LLP
3993 Howard Hughes Parkway, Suite 600
3 Las Vegas, NV 89169
(702) 949-8200
4 (702) 949-8398 fax
5 Attorneys for GRANITE GAMING GROUP II, LLC
8 UNITED STATES DISTRICT COURT
9 DISTRICT OF NEVADA
10 GRANITE GAMING GROUP II, LLC, a CASE NO.

Nevada limited liability company,
11 COMPLAINT FOR DAMAGES AND
INJUNCTIVE RELIEF
12 Plaintiff,
(1) Cybersquatting
13 v. under 15 U.S.C. § 1125(d)
14 PRIMAL VENTURES, INC., an unknown (2) Unfair Competition

business entity; STRIPCLUBNETWORK.COM, under 15 U.S.C. § 1125(a)
15 an unknown business entity; CYBERTECH
INTERNET SOLUTIONS, an unknown (3) State Trademark Infringement
16 business entity; and PAUL J. BROWN, an under N.R.S. § 600.420
individual,
17 (4) State Trademark Dilution
Defendants. under N.R.S. § 600.435
18
(5) Common Law Trademark
19 Infringement
20 (6) Deceptive Trade Practices

under N.R.S. § 598.0903, et seq.
21
(7) Intentional Interference with
22 Prospective Economic Advantage
23 For its complaint, Plaintiff GRANITE GAMING GROUP II, LLC (“Granite”) alleges as
24 follows:
25 NATURE OF THE CASE
26 This is an action for cybersquatting, unfair competition under federal statutes, with
27 pendent state and/or common law claims for trademark infringement, trademark dilution,
Lewis and Roca LLP
3993 Howard Hughes Parkway 28
Suite 600
Las Vegas, Nevada 89169
1
3 6
1 deceptive trade practices and intentional interference with prospective economic advantage.
2 Granite seeks damages, attorneys’ fees, costs, and preliminary and permanent injunctive relief.
3 JURISDICTION AND VENUE
4 1. This Court has subject matter jurisdiction over this case pursuant to 28 U.S.C.
5 §§ 1331 and 1338(a). This Court has supplemental jurisdiction over Granite’s state and common
6 law claims pursuant to 28 U.S.C. § 1367(a).
7 2. This Court has personal jurisdiction over Defendants based upon the following:
8 (a) Defendants operate interactive websites on the Internet that are accessible to residents of the
9 State of Nevada; (b) the websites are interactive in that they seek to obtain information from web
10 users; and/or (c) Defendants have committed tortious acts targeting Granite that Defendants
11 knew or should have known would cause injury to Granite in the State of Nevada.
12 3. Venue is proper in the United States District Court for the District of Nevada
13 under 28 U.S.C. §§ 1391(b) and 1391(c). Venue lies in the unofficial Southern division of this
14 Court.
15 PARTIES
16 4. Granite is a Nevada limited liability company with its principal place of business
17 in Las Vegas, Nevada.
18 5. Defendant Primal Ventures, Inc. (“Primal Ventures”) is an unknown business
19 entity that, upon information and belief, is doing business in West Palm Beach, Florida.
20 6. Defendant <stripclubnetwork.com> is an unknown business entity that, upon
21 information and belief, is doing business in West Palm Beach, Florida.
22 7. Defendant Cybertech Internet Solutions (“Cybertech”) is an unknown business
23 entity that, upon information and belief, is doing business in West Palm Beach, Florida.
24 8. Defendant Paul J. Brown (“Brown”) is an individual who, upon information and
25 belief, resides and is doing business in West Palm Beach, Florida.
26
27
Lewis and Roca LLP
Suite 600
2
3 6
1 9. Upon information and belief, Defendants are each the alter ego of the other, and
2 are the officer, agent, servant, representative, and/or employee of the other, acting in
3 participation with the other, having authority or apparent authority to bind the other.
4 ALLEGATIONS COMMON TO ALL COMPLAINTS
5 10. The “Girls of Glitter Gulch” is a famous gentleman’s club located at 20 East
6 Fremont Street in Las Vegas, Nevada.
7 11. Granite has owned and operated the “Girls of Glitter Gulch” gentleman’s club
8 since 2006.
9 12. Upon information and belief, since at least 1993, Granite and its predecessors in
10 interest, have continuously used the GLITTER GULCH Mark in connection with advertising and
11 promoting the property in the state of Nevada. Granite and its predecessors in interest have spent
12 substantial sums of money to advertise and promote to GLITTER GULCH Mark. In addition,
13 Granite and its predecessors in interest has made extensive use of the GLITTER GULCH
14 trademarks on, among other things, signage, wearing apparel, souvenirs and promotional
15 materials.
16 13. The GIRLS OF GLITTER GULCH name is a trade name that is owned by
17 Granite and is registered with the State of Nevada as follows:
18 a. GIRLS OF GLITTER GULCH: Mark No. TN00260375, for entertainment
19 tavern services;
20 (the “GLITTER GULCH Mark”). Based on its use and state registration, Granite owns the
21 exclusive right to use the GLITTER GULCH Mark in connection with entertainment and tavern
22 related services in Nevada.
23 14. On or about January 12, 2003, Defendant Primal Ventures registered the
24 <glittergulchlv.com> Internet domain name with eNom, Inc., a registrar of domain names. This
25 domain name contains the GLITTER GULCH Mark.
26
27
Lewis and Roca LLP
Suite 600
3
3 6
1 15. The <glittergulchlv.com> domain name contains the “Glitter Gulch” name
2 coupled with the descriptive term “lv,” a common abbreviation for Las Vegas, which is the
3 location of the “Girls of Glitter Gulch.”
4 16. Some time after registration, Defendant Primal Ventures linked the
5 <glittergulchlv.com > domain name to an adult oriented website that purports to be associated
6 with “Girls of Glitter Gulch.” Specifically, the website contains the address of “Girls of Glitter
7 Gulch,” provides “virtual tour of Glitter Gulch” which contains pictures of the property, and
8 offers web users the opportunity to “Join Us Now,” among other offers. A web user who clicks
9 “Join Us Now” is re-directed to the <stripclubnetwork.com> website, where the user is offered a
10 variety of adult oriented membership subscriptions.
11 17. The <glittergulchlv.com> and <stripclubnetwork.com> domain names are hosted
12 on the internet by Defendant Cybertech Internet Solutions at <cybertechinternet.com>. The
13 <glittergulchlv.com>, <stripclubnetwork.com>, and <cybertechinternet.com> domain names are
14 owned by Defendant Primal Ventures.
15 18. Upon information and belief, Defendants generate revenue from these sites
16 because of the false representation of an affiliation with Plaintiff. A true and accurate copy of
17 the <glittergulchlv.com> website, “virtual tour of “Glitter Gulch” page, <stripclubnetwork.com>
18 website, registration information for <stripclubnetwork.com>, and registration information for
19 <cybertechinternet.com>, are attached hereto as Exhibits 1 through 5, respectively, and are
20 incorporated herein by this reference.
21 19. By registering and using the <glittergulchlv.com> domain name which contains
22 the GLITTER GULCH Mark, coupled with descriptive term “lv,” a common abbreviation for
23 Las Vegas, which is the location of the “Girls of Glitter Gulch,” Defendants were and are
24 attempting to trade on the goodwill of Granite.
25 20. By registering and using the <glittergulchlv.com> domain name which contains
26 the GLITTER GULCH Mark, coupled with descriptive term “lv,” a common abbreviation for
27 Las Vegas, which is the location of the “Girls of Glitter Gulch,” Defendants were and are
Lewis and Roca LLP
Suite 600
4
3 6
1 attempting to create an association between the websites linked to the <glittergulchlv.com>
2 domain name and Granite.
3 21. Granite has not authorized or consented to Defendants’ use of the GLITTER
4 GULCH Marks.
5 COUNT I
(Cybersquatting under the
6 Lanham Act, 15 U.S.C. § 1125(d))
7 22. Granite incorporates the allegations in the preceding paragraphs as if fully set
8 forth herein.
9 23. Defendants have registered, trafficked in, and/or used domain names that are
10 identical or confusingly similar to the GLITTER GULCH Mark.
11 24. Upon information and belief, Defendants have or have had a bad faith intent to
12 profit from the GLITTER GULCH Mark.
13 25. As a direct and proximate result of such conduct, Granite has suffered and will
14 continue to suffer, monetary loss and irreparable injury to its business, reputation and goodwill.
15 COUNT II
(Unfair Competition under the
16 Lanham Act, 15 U.S.C. § 1125 (a))
18 forth herein.
19 27. Defendants’ use in commerce of the GLITTER GULCH Mark and/or marks
20 confusingly similar to Granite’s trademarks in connection with Defendants’ services, websites,
21 and Internet domain names, constitutes a false designation of origin and/or a false or misleading
22 description or representation of fact, which is likely to cause confusion, cause mistake, or
23 deceive as to affiliation, connection, or association with Granite, or as to the origin, sponsorship,
24 or approval of Defendants’ services or commercial activities by Granite.
25 28. Defendants’ use in commerce of the GLITTER GULCH Mark and/or marks
26 confusingly similar to Granite’s trademarks with the knowledge that Granite owns and has used,
27 and continue to use, its trademarks constitutes intentional conduct by Defendants to make false
Lewis and Roca LLP
Suite 600
5
3 6
1 designations of origin and false descriptions about Defendants’ services and commercial
2 activities.
3 29. As a direct and proximate result of such unfair competition, Granite has suffered,
4 and will continue to suffer, monetary loss and irreparable injury to its business, reputation, and
5 goodwill.
6 COUNT III
(State Trademark Infringement
7 Under N.R.S. 600.420)
9 forth herein.
10 31. Defendants have used and/or are using the <glittergulchlv.com> domain name,
11 which contains the GLITTER GULCH Mark, without Granite’s consent.
12 32. Defendants’ use in commerce of GLITTER GULCH Mark and/or a mark
13 confusingly similar to the GLITTER GULCH Mark in its <glittergulchlv.com> Internet domain
14 name and redirecting the same to an adult oriented website, constitutes a reproduction, copying,
15 counterfeiting, and colorable imitation of Granite’s trademarks in a manner that is likely to cause
16 confusion or mistake or that is likely to deceive consumers.
17 33. By using the GLITTER GULCH Mark and/or a mark confusingly similar to the
18 GLITTER GULCH Mark with the knowledge that Granite owns and has used, and continues to
19 use, its trademarks in Las Vegas, Nevada, Defendants have intended to cause confusion, cause
20 mistake, or deceive consumers.
21 34. Defendants are using a mark that is the same and/or confusingly similar to the
22 GLITTER GULCH Mark in connection with the sale, offering for sale, or advertising of services
23 in a manner that is likely to cause confusion or mistake, or to deceive consumers as to an
24 affiliation, connection, or association with Granite, or as to the origin, sponsorship, or approval
25 of Defendants’ services or commercial activities by Granite.
26 35. Defendants’ use of the GLITTER GULCH Mark and/or a mark confusingly
27 similar to the GLITTER GULCH Mark has created a likelihood of confusion among consumers
Lewis and Roca LLP
Suite 600
6
3 6
1 who may falsely believe that Defendants’ business or the adult oriented website to which
2 Defendants redirected the <glittergulchlv.com> domain name is associated with the “Girls of
3 Glitter Gulch” property or that Granite sponsors or approves of Defendants’ services or
4 commercial activities.
5 36. As a direct and proximate result of Defendants’ infringement, Granite has
6 suffered, and will continue to suffer, monetary loss and irreparable injury to its business,
7 reputation, and goodwill.
8 COUNT IV
(State Trademark Dilution
9 Under N.R.S. § 600.435)
11 forth herein.
12 38. The GLITTER GULCH Mark is inherently distinctive. Through its adoption and
13 consistent and extensive use, the GLITTER GULCH Mark has acquired fame in the State of
14 Nevada.
15 39. Defendants began using a mark that is the same and/or confusingly similar to the
16 GLITTER GULCH Mark in connection with Defendants’ services, associated adult oriented
17 website, and Internet domain name after the GLITTER GULCH Mark became famous in the
18 State of Nevada.
19 40. Defendants’ use of the GLITTER GULCH Mark and/or marks confusingly
20 similar thereto has and will cause dilution of the distinctive quality of Granite’s trademarks and
21 will otherwise cause irreparable injury to Granite’s business, reputation, and goodwill.
22 41. Upon information and belief, Defendants’ use of the GLITTER GULCH Mark
23 and/or marks confusingly similar thereto was willful in nature in that Defendants intended to
24 cause dilution of the GLITTER GULCH Mark or willfully intended to trade on the Granite’s
25 reputation.
26
27
Lewis and Roca LLP
Suite 600
7
3 6
1 42. As a direct and proximate result of Defendants’ dilution of the GLITTER
2 GULCH Mark, Granite has suffered, and will suffer, irreparable injury to its business, reputation,
3 and goodwill.
COUNT V
4 (Common Law Trademark Infringement)
6 forth herein.
7 44. By virtue of having used and continuing to use the GLITTER GULCH Mark,
8 Granite has acquired common law trademark rights in the GLITTER GULCH Mark.
9 45. Defendants’ use of a mark the same and/or confusingly similar to the GLITTER
10 GULCH Mark infringes Granite’s common law trademark rights in its GLITTER GULCH Mark
11 and is likely to cause confusion, mistake, or deception among consumers who will believe that
12 Defendants’ services, the associated adult oriented website and/or Internet domain name
13 originate from, or are affiliated with, or are endorsed by Granite, when, in fact, they are not.
14 46. As the direct and proximate result of Defendants’ infringement of the Granite’s
15 common law trademark rights under Nevada and other common law, Granite has suffered, and
16 will continue to suffer, monetary damages and irreparable injury to its business, reputation, and
17 goodwill.
19 forth herein.
20 COUNT VI
(Deceptive Trade Practices Under
21 N.R.S. § 598.0915)
22 48. Upon information and belief, in the course of conducting their business,
23 Defendants knowingly made false representations as to affiliation, connection and/or association
24 with Granite by using marks confusingly similar to Granite’s trademarks and otherwise engaged
25 in deceptive trade practices.
26
27
Lewis and Roca LLP
Suite 600
8
3 6
1 49. As the direct and proximate result of Defendants’ conduct, Granite has suffered,
2 and will continue to suffer, monetary damages and irreparable injury to its business, reputation,
3 and goodwill.
4 COUNT VII
(Intentional Interference with
5 Prospective Economic Advantage)
7 forth herein.
8 51. Upon information and belief, at the time Defendants adopted and began using
9 marks confusingly similar to Granite’s name and trademarks and since that time, Defendants
10 knew and have known that Granite is in the business of providing entertainment and tavern
11 services, including advertising on the Internet, under Granite’s trademarks.
12 52. Upon information and belief, Defendants committed acts intended or designed to
13 disrupt Granite’s prospective economic advantage arising from advertising and/or providing
14 these services.
15 53. Defendants’ actions have disrupted or are intended to disrupt Granite’s business
16 by, among other things, trading off the goodwill of the GLITTER GULCH Mark.
17 54. Defendants have no legal right, privilege or justification for their conduct.
18 55. As a direct and proximate result of Defendants’ intentional interference with
19 Granite’s prospective economic advantage, Granite has suffered, and will continue to suffer,
20 monetary damages and irreparable injury.
21 56. Based on the intentional, willful and malicious nature of Defendants’ actions,
22 Granite is entitled to recover exemplary or punitive damages and reasonable attorneys’ fees and
23 costs incurred in connection with this action.
24 PRAYER FOR RELIEF
25 WHEREFORE, Granite respectfully prays that the Court grant the following relief:
26 A. A preliminary and permanent injunction prohibiting Defendants, their respective
27 officers, agents, servants, employees and/or all persons acting in concert or participation with
Lewis and Roca LLP
Suite 600
9
3 6
1 them, or any of them, from: (1) using the GLITTER GULCH Mark or confusingly similar
2 variations thereof, alone or in combination with any other letters, words, letter strings, phrases or
3 designs, in commerce or in connection with any business or for any other purpose (including, but
4 not limited to, on websites and in domain names); and (2) registering or trafficking in any
5 domain names containing the GLITTER GULCH Mark or confusingly similar variations thereof,
6 alone or in combination with any other letters, words, phrases or designs;
7 B. A preliminary and permanent injunction requiring the current domain name
8 registrar to transfer the <glittergulchlv.com> domain name to Granite;
9 C. An award of compensatory, consequential, statutory, and exemplary or punitive
10 damages to Granite in an amount to be determined at trial;
11 D. An award of interest, costs and attorneys’ fees incurred by Granite in prosecuting
12 this action; and
13 E. All other relief to which Granite is entitled.
14 Dated: August 18, 2008

Respectfully submitted,
15
LEWIS AND ROCA LLP
16
17
By: /s/ John L. Krieger
18 John L. Krieger
3993 Howard Hughes Parkway, Suite 600
19 Las Vegas, Nevada 89169
Attorneys for
20 GRANITE GAMING GROUP II, LLC
21
22
23
24
25
26
27
Lewis and Roca LLP
Suite 600
10
3 6
EXHIBIT 1
GANITE GAMING GROUP II, LLC
v.
PRIMAL VENTURES, INC. et al.
COMPLAINT
EXHIBIT 1
Page 1 of 2

!"# $$
Case 2:08-cv-01090-RCJ-RJJ
Document 1
Filed 08/18/2008
Page 12 of 31
Welcome to Glitter Gulch, Las Vegas' world class topless club. Located in the heart of Las
http://glittergulchlv.com/ 8/18/2008
Page 2 of 2
Vegas, Glitter Gulch is the ultimate destination for 24 hour adult entertainment. When you
walk into our establishment, you will find a souvenior counter where you can buy assorted
Glitter Gulch products like t-shirts. Once through a second doorway, you will be in our newly
remodeled world class topless club featuring a long runway stage with 3 poles. Lounge in one Free Club Newsletter:
of our spacious booths that are available all the way around the club. If you prefer to move
around, you can watch the girls performing on several smaller stages throughout the bar.With
such beautiful entertainers, it is easy to see why Glitter Gulch is a world class topless club. -RLQ /HDYH
The spacious club is filled with world class amenities that go above and beyond the standards
for topless clubs in the Vegas area. One trip to Glitter Gulch and you see know exactly why we
are aworld class topless club!!!
Web design and hosting byCybertech Internet Solutions 1995-2004
The Largest Strip Club Directory in the world StripClubList.com
Compare Your
Favorite Strip Clubs
Find Your Favorite or

Share with Others
Document 1
Read about clubs in your area hustler baltimore Hot Escort Travel
Hot Escort Travel Where do you host your site We will hook you up
Filed 08/18/2008
Page 13 of 31
http://glittergulchlv.com/ 8/18/2008
EXHIBIT 2
v.
COMPLAINT
EXHIBIT 2
Page 1 of 2

!"# $$
VIRTUAL TOUR OF GLITTER GULCH
%&' ()'( *

Document 1
+

,-+
./
0

1
2
3&((&4(((
Filed 08/18/2008
Page 15 of 31
http://glittergulchlv.com/vtour.asp 8/18/2008
Page 2 of 2
Glitter Gulch
Document 1
Address: 20 East Fremont St.,

Las Vegas, NV 89101
Phone: (702) 385-4774
Web design and hosting byCybertech Internet Solutions 1995-2004

The Largest Strip Club Directory in the world StripClubList.com
Filed 08/18/2008
Page 16 of 31
http://glittergulchlv.com/vtour.asp 8/18/2008
EXHIBIT 3
v.
COMPLAINT
EXHIBIT 3
8/18/2008
http://www.stripclubnetwork.com/join.asp

Page 1 of 2
Page 2 of 2

Document 1
Filed 08/18/2008
Page 19 of 31
http://www.stripclubnetwork.com/join.asp 8/18/2008
EXHIBIT 4
v.
COMPLAINT
EXHIBIT 4
Page 1 of 5

5) % " 7 8
7 % 1

% 4
' 89

& 1
! "

#
-
+

!
8
1 $
% &
/
1 /
% # $

:
' . ;1 +
&

&
(
/

& )*9

&+
4
'
, < -
1
+
Document 1
.
0/9
% =* >0?
1 22= #
1 22@
5 8* >. 1 88@
3 83) >4
1 8 -11 8/8@
+

+ &%+ + 1+

1 %+ 1%+ 1+ 1
+ 555+

Filed 08/18/2008
56 C

% "

,6 %A3 B28* 2/ 8 *= &

+
2& 3 B* =2 8 *=) 0++ &

'
8!=!23 /!2=!2* 0!0!2)
Page 21 of 31
52, -, 4+

$
"16%
2 22!2!20
D

/0

6& 2=!2!20
http://whois.domaintools.com/stripclubnetwork.com 8/18/2008
Page 2 of 5
<& 23!2!2=
. %6 ;(

"
(1

- "
5 E

4 2+:E+"6(+-/0"4-+-, > ) 8))@
4 +:E+"6(+-/0"4-+-,
Card Holders Access O
4 /+:E+"6(+-/0"4-+-,
StripClubNetwork.com "Improving the indu
7 4 +
+ Welcome to Strip Club Network, the largest n
Content, Employment, Directories, Classifieds
4
have it all.
4 %'& ,!4490+ Strip Club List
5 , 823+8//++=0 Strip Club List
5
! 4 ! - E ! %1

4

Strip Club Dire
Strip Clubs.NE
& 2 2
+

. .&
-
1
Strip Club Site of the

% 6
4 Year

F 5
F ( !":!

1 8 83 3/= 199+ 1
+

1 * )/=
Document 1
C' 2

/1
-"
5E
>E
@
C'
?

&
&
0 %
+ 6
<
%
5 C' 0
0 ?

&
&
) %
+ . %
7 C' 2/

&
1
&

2)!2!8)+
H )
4 5 8)0

&
+

'
.
1
+
' G'
Filed 08/18/2008
%
.&1
.&1
>(
&%

@
+

>.&

1
@
+

>(

@

+

>
1
@
7
-!6 >=

@
Page 22 of 31
Registration Service Provided By: Enom, Inc -!6 >+

(
@
Contact: -!6 >(
/

@
Visit: www.enom.com ,
Page 3 of 5
(
&

Domain name: stripclubnetwork.com

&

Registrant Contact: E% >.&1
@
Primal Ventures Inc E% >E @
Primal Ventures
6742 Forrest Hill Blvd. Suite 278 ;

3 .
West Palm Beach, FL 33413
1
%
US
1
+
1

Administrative Contact: &1
+
Primal Ventures Inc
Primal Ventures ( ) DomainReginator.com
Register your domain name today Lowest
+1.5163180598
price per domain name
6742 Forrest Hill Blvd. Suite 278 www.DomainReginaTor.com
US
Discounted Domains
Technical Contact: Cheap Domain Names! Hosting-SSL-

Primal Ventures Inc Marketing Tools & More
Primal Ventures ( ) www.discounted-domains.com
+1.5163180598
6742 Forrest Hill Blvd. Suite 278 Successful Home Business
West Palm Beach, FL 33413 Entrepreneur? $5k Weekly Unlimited
US Potential. Make Serious Money P/T.
Document 1
www.funsimplewaytowealth.com
Status: Locked

Name Servers:
ns2.cybertechproductions.com 2 H %
ns3.cybertechproductions.com

% 1

+ # &

+
Creation date: 26 Feb 2002 18:21:33
Expiration date: 26 Feb 2009 18:21:33 ' (

4
5
/

Filed 08/18/2008

&
/

+
% /

5&
/
- +

)

(%+ I*+
Page 23 of 31

+ I833+
61+ I)3=+
E1
+ I)=*+
Page 4 of 5
E+ I*+
#
" + I*+
+ I==*+
#%
+ I8 +
(>+ I8 *33+
E" + I8 033+
#
+ I8 033+
, ,

,

1"+ 3!8=!23
=+ 3!8=!23
1(5+ 3!8=!23
1+ 3!8=!23
-
+ 3!8=!23

+ 3!8=!23
+
+ 3!8=!23
1
+ 3!8=!23
Document 1
'1+ 3!8=!23

"
(1+
3!8=!23
=1+ 3!8=!23
=1+
3!8=!23
1
5=+ 3!8=!23
2&

Filed 08/18/2008
2
1
2!)!8/
1

2!)!28
1, 28!0!8=
1
22!2!20
Page 24 of 31
1 2)!88!82

1
2*!0!2
1
: 20!2!/
Page 5 of 5
1% 20!2!/
1-.
20!!=
1 20!)!2=
1,&
20!0!22
1,
20!=!*
1,
% 20!88!22
1
20!82!8
1,
% 2/!2!

Document 1
Filed 08/18/2008
Page 25 of 31
EXHIBIT 5
v.
COMPLAINT
EXHIBIT 5
Page 1 of 5

5) % " : 7"
7 % %1

4

% 4
' 89

& %1

4

! -

%
1
&


& 39

&+
4
'
, < -
%1

+
.
339
% ) >0?
1 8=/ #
1 8)@
Document 1
5 8) >. 1 8)@

3 8 >4
1 = -11 )@
%1

+ 1+ 1+ 1J1+
1
&
+

+

+ %1

+
%1

+ 1+
56

Filed 08/18/2008
,6 %A3 B0=2 ) 823 =) &

+
C
%

2& 3 B/2 /32 8 )= 0++ &

?
3 B2== 0))
'

8!8=!2)
52, -, 4+ 0!83!23 /!/!2/
Page 27 of 31
2 8===!82!28 $
"16%
6& 23!82!28 D

/0
<& 2/!82!/
http://whois.domaintools.com/cybertechinternet.com 8/18/2008
Page 2 of 5

"
(1

. %6 ;(
4 2+:E+"6(+-/0"4-+-, > ) 8))@
- "
5 E

4 +:E+"6(+-/0"4-+-,
In 1996, Cybertech became the advanced
4 /+:E+"6(+-/0"4-+-,
vision of an entire team of New CMS
7 4 +
+ successful business-minded System
entrepreneurs and seasoned tech Cybertech
4
professionals. The assembly of this created a
4 %'& .
92+2+ >05@ (6(9*+8+2 elite group, resulted in the creation secure sta
of a foundation so boundless in the-art con
5 , 823+8//++=)
potential that Cybertech has manageme
5
! 4 ! - E ! %1

4

propelled itself into the new system to
& 2 2 millennium as an industry leader. out video,
+

. .&
-
1
As a full-service provider of pictures. G
comprehensive, integrated businesses
% 6
4 information technology (IT) services have lots o
and business solutions, we are content an

F 5
F ( !":!
capable of fulfilling the needs of a managem

1 8 83 3/=
local regional and global Solution!

1 * )/= 199+%1

+
Document 1
C' 2

5 C' 0
/ ?

&
&
) %
+
/1
-"
5E
>E
@
7 C' )
&
1
&

22!8!2=+ 6
<
%
4 5 )0

&
+ . %

'
.
%1

+
H )
%
' G'
Filed 08/18/2008
.&1
.&1
>(
&%

@
+

>.&

1
@
7

+

>(

@
Registration Service Provided By: Enom, Inc
+

>
1
@
Contact:
-!6 >=

@
Page 28 of 31
Visit: www.enom.com
-!6 >+

(
@
Domain name: cybertechinternet.com -!6 >(
/

@
,
Page 3 of 5
Registrant Contact: (
&

Primal Ventures Inc
Primal Ventures
&

E% >.&1
@
6742 Forrest Hill Blvd. Suite 278 E% >E @
US
;
3 .
Administrative Contact:
1
%
Primal Ventures Inc
Primal Ventures ( ) %1

+
1

&1
+
+1.5163180598
6742 Forrest Hill Blvd. Suite 278 Ads by Google
US
Technical Contact:
Primal Ventures Inc
Primal Ventures ( ) Domains and More
+1.5163180598
6742 Forrest Hill Blvd. Suite 278 Domain search and hosting services.
West Palm Beach, FL 33413 Email accounts and protection.
US
www.yourdotnow.com
Status: Locked
Document 1
Name Servers:
2 H %
Creation date: 21 Dec 1999 21:46:15
Expiration date: 21 Dec 2008 21:46:15

% 1

+ # &

+

' (

4
5
/

Filed 08/18/2008

&
/

+
% /

5&
/
- +

)

%1
#1
+ I*+
Page 29 of 31
%1
+ I*+
%1
'+ I*+
%1
(+ I*+
Page 4 of 5
%1
;
+ I*+
%1
#
5+ I*+
#%1
+ I*+
%1
.5+ I*+
E
%1
+ I033+
.
%1
+ I8 233+
=%1
+ I8 *33+
, ,

,

%1

+ 3!8=!23
"
%1
%
+ 3!8=!23
"
%1
%
+
3!8=!23
4%1
,+ 3!8=!23
(%1
&
%+ 3!8=!23
%1
$

+ 3!8=!23
%1

%+ 3!8=!23
,%%1
(-
+ 3!8=!23
Document 1
%1
=+
3!8=!23
%1
2)+ 3!8=!23
4%1
+
3!8=!23
%1
! %+
3!8=!23
2&
2
Filed 08/18/2008
%1
"
6 8==3!8!=
%1
"
;1 8===!0!2)
%1
"
4

8===!82!28
%1
"
4
+++ 2!8!2/
%1
"
4

+++ 2!!8*
Page 30 of 31
%1
"
4& 2!0!8*
%1
"
4
28!8!)
%1
"
4 2*!8!
Page 5 of 5
%1
"
4 2*!!80
%1
"
4 20!!8
%1
"
4
20!!8*
%1
"
4&#+++ 20!*!3
%1
"
4&#+++ 20!*!3
%1
"
4&

2/!8!2*
%1
"
4&
+++ 2/!2!8*

Document 1
Filed 08/18/2008
Page 31 of 31

Glitter Gulch Complaint

Enviado por

Dados do documento

Descrição original:

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

Glitter Gulch Complaint

Enviado por

Direitos autorais:

Formatos disponíveis

Case 2:08-cv-01090-RCJ-RJJ Document 1 Filed 08/18/2008 Page 1 of 31

1 JOHN L. KRIEGER (Nevada Bar No. 6023)

5 Attorneys for GRANITE GAMING GROUP II, LLC

8 UNITED STATES DISTRICT COURT

10 GRANITE GAMING GROUP II, LLC, a CASE NO.

14 PRIMAL VENTURES, INC., an unknown (2) Unfair Competition

20 (6) Deceptive Trade Practices

25 NATURE OF THE CASE

3 JURISDICTION AND VENUE

6 law claims pursuant to 28 U.S.C. § 1367(a).

17 in Las Vegas, Nevada.

18 5. Defendant Primal Ventures, Inc. (“Primal Ventures”) is an unknown business

20 6. Defendant <stripclubnetwork.com> is an unknown business entity that, upon

21 information and belief, is doing business in West Palm Beach, Florida.

22 7. Defendant Cybertech Internet Solutions (“Cybertech”) is an unknown business

24 8. Defendant Paul J. Brown (“Brown”) is an individual who, upon information and

25 belief, resides and is doing business in West Palm Beach, Florida.

4 ALLEGATIONS COMMON TO ALL COMPLAINTS

6 Fremont Street in Las Vegas, Nevada.

17 Granite and is registered with the State of Nevada as follows:

18 a. GIRLS OF GLITTER GULCH: Mark No. TN00260375, for entertainment

22 related services in Nevada.

25 domain name contains the GLITTER GULCH Mark.

3 location of the “Girls of Glitter Gulch.”

10 variety of adult oriented membership subscriptions.

11 17. The <glittergulchlv.com> and <stripclubnetwork.com> domain names are hosted

12 on the internet by Defendant Cybertech Internet Solutions at <cybertechinternet.com>. The

13 <glittergulchlv.com>, <stripclubnetwork.com>, and <cybertechinternet.com> domain names are

14 owned by Defendant Primal Ventures.

17 the <glittergulchlv.com> website, “virtual tour of “Glitter Gulch” page, <stripclubnetwork.com>

18 website, registration information for <stripclubnetwork.com>, and registration information for

19 <cybertechinternet.com>, are attached hereto as Exhibits 1 through 5, respectively, and are

20 incorporated herein by this reference.

24 attempting to trade on the goodwill of Granite.

1 attempting to create an association between the websites linked to the <glittergulchlv.com>

2 domain name and Granite.

10 identical or confusingly similar to the GLITTER GULCH Mark.

12 profit from the GLITTER GULCH Mark.

20 confusingly similar to Granite’s trademarks in connection with Defendants’ services, websites,

22 description or representation of fact, which is likely to cause confusion, cause mistake, or

23 deceive as to affiliation, connection, or association with Granite, or as to the origin, sponsorship,

24 or approval of Defendants’ services or commercial activities by Granite.

11 which contains the GLITTER GULCH Mark, without Granite’s consent.

12 32. Defendants’ use in commerce of GLITTER GULCH Mark and/or a mark

16 confusion or mistake or that is likely to deceive consumers.

20 mistake, or deceive consumers.

23 in a manner that is likely to cause confusion or mistake, or to deceive consumers as to an

24 affiliation, connection, or association with Granite, or as to the origin, sponsorship, or approval

25 of Defendants’ services or commercial activities by Granite.

3 Glitter Gulch” property or that Granite sponsors or approves of Defendants’ services or

5 36. As a direct and proximate result of Defendants’ infringement, Granite has

7 reputation, and goodwill.

1 42. As a direct and proximate result of Defendants’ dilution of the GLITTER

23 Defendants knowingly made false representations as to affiliation, connection and/or association

25 in deceptive trade practices.

11 services, including advertising on the Internet, under Granite’s trademarks.

18 55. As a direct and proximate result of Defendants’ intentional interference with

20 monetary damages and irreparable injury.

23 costs incurred in connection with this action.

24 PRAYER FOR RELIEF

26 A. A preliminary and permanent injunction prohibiting Defendants, their respective

6 alone or in combination with any other letters, words, phrases or designs;

7 B. A preliminary and permanent injunction requiring the current domain name

%&' ()'( *

7 % 1

56 C

,6 %A3 B28* 2/ 8 *= &

52, -, 4+

+

7 C' 2/

4 5 8)0

Registration Service Provided By: Enom, Inc -!6 >+

6742 Forrest Hill Blvd. Suite 278 ;

)

'1+ 3!8=!23

2&

1 2)!88!82

7 % %1

5 8) >. 1 8)@

,6 %A3 B0=2 ) 823 =) &

)

2&