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File size: -. The trade dress is equally distinctive in that any group of six individuals dressed in the attire is immediately recognizable as the Village People. Intervenor uploaded a copy of the Order to Facebook and once again asked Facebook to shutdown down the page pursuant to the court order. On information and belief, the class of purchasers to whom defendants offered live musical performances under the mark are identical to the class of purchasers to whom Intervenor is exclusively licensed to offer live musical performances under the Mark. Facebook was and remains negligent in its action which aided and abetted the Sixuvus Defendants scheme to damage the Village People brand with use of the Village People fan base at Facebook. Interested in this case? Defendants made use and continue to use official Village People social media accounts including Facebook, Twitter, and Instagram, to interfere with Intervenor's exclusive rights to the accounts and mark and to amplify confusion and cause confusion and dissent among Village People fans. Moreover, substantial public confusion resulted from Facebook's aiding and abetted the passing off of the KOD at Facebook as Village People by another name. Moreover, none of the interference and damage would have occurred without the aiding and abetting of the Sixuvus Defendants by Facebook. Toggle Sidebar. Modification Date: -. Page Count: -. On information and belief, the buyers of pop music concert tickets are not highly 0 sophisticated consumers who perform extensive research before making a purchase, but instead buy tickets based on very limited information, principally the name or association with the featured performer s , not the name of the promoter or presenter. Preparing document for printing…. Products bearing the Village People logo are widely distributed in the United States and worldwide on everything from slot machines to tooth brushes to Hallmark greeting cards. Defendants then, with use of official Village People social media encouraged attendees en masse to request refunds of tickets purchased to see Village People's Australia Tour featuring Victor Willis. On information and belief, Defendants used the mark and continue to use the mark, in an efforts to trade upon the reputation and goodwill that Registrant and its authorized licensees have established in the mark. Highlight all Match case. Defendants Karen L. The Sixuvus Defendants, and each of them, knew that contractual relationships existed between Intervenor and the business or organizations listed above. Conspiracy These acts were in furtherance of the scheme's purpose, which is, and continues to be, to injure Intervenor and Village People by their agreement to do the acts set forth herein. In any event, the Sixuvus Defendants actions amounted to a concerted effort to frustrate Registrant and Intervenor's right to exploit the Village People mark. Defendants then passed-off the Sixuvus appearance by representing to the public that except for a name change, "The Kings of Disco" and Village People are one and the same. Defendants knew the mark was famous prior to them engaging in their scheme to dilute. Sixuvus, Ltd. On information and belief, the Defendants intend to cause confusion or mistake among buyers of music concert tickets by using the Mark in association with "The Kings of Disco. Author: -. PDF Version: -. Defendants use began after the mark gained fame and is likely to cause dilution by lessening the capacity of Intervenor's mark and trade dress to identify and distinguish her goods and services by representing to the public that the "The Kings of Disco [is] formerly Village People" because the only thing that has changed in the name. More Information Less Information. Moreover, its associated YMCA dance is still performed worldwide after 40 years. As an additional example, Defendants use official Village People social media accounts to cause major dissent over a Village People featuring Victor Willis Australia tour. As a result, numerous fans in Australia did request refunds in efforts to harm the concert tour there as directed and encouraged by the Sixuvus. In particular, Defendants encouraged Village People fans who visit Village People social media accounts to contact promoters to protest the return of Victor Willis as lead singer of Village People and to protest the booking of Village People featuring Victor Willis concerts. For example, several if not all the shows above would likely have been booked by Intervenor's agent for Village People had Defendants not booked their shows with use of the Village People mark, and by passing off, all of which constitutes unfair competition under the Lanham Act, and New York law. San Diego, CA. Sign up to receive real-time updates. Essentially, "The Kings of Disco" according to the Sixuvus and their co-conspirators, is simply an incarnation of Village People. Interference Defendants failed and refused to return control of official Village People social media: accounts to Registrant and Intervenor, despite numerous requests that they do so. Cancel OK. Causing disturbances such as contrived or staged walk out of shows, and immediately demanding refunds and directed and encouraged by the Sixuvus Defendants with use of certain Sixuvus fans. Simpson" made a public post at her official personal Facebook page, asking if anyone out there knew anyone who works employed at Facebook. Intervenor demanded that Facebook takedown Official Village People. Some of whom were persuaded by the Sixuvus Defendants to be sympathetic to the Sixuvus Defendants plight. Intervenor will amend this complaint, as it becomes necessary, to join any and all other promoters and venues not listed above. This created a hostile environment for the tour with numerous fans being misled to believe that somehow Village People was illegitimate.

Can't Stop Productions, Inc. Indeed, the Sixuvus Defendants used official Village People social media to badger and casino gmhutte false impressions, and to direct fans to interfere with Intervenor's business relations by contacting venues to complain about booking, and to stage walk-outs at concerts while demanding refunds claiming they didn't like the show.

The additional interference included contact with Village People show promoters' social media pages and venues. The services with which Defendants used, namely live musical performances, are identical to the services covered by the incontestable registration of the registered Mark. Moreover, defendants aided and abetted the passing off of the Kings of Disco as Village People, and infringed the Village People mark for purposes of performances. Moreover, Intervenor informed Facebook through an official takedown request that it, along with the Sixuvus Defendants was infringing the Village People trademark by continuing to allow use of Official Village People at Facebook by the Sixuvus Defendants. Not unilaterally transferred to unrelated pages for purposes of passing off, or without express permission from Facebook community members. Yet defendants sought to disrupt the relationship and intended to disrupt, and cause harm to Intervernor and her shows. They informed fans with use of Village People official social media that they, the Sixuvus Village 0 People are not performing; therefore fans should request a return of money for the purchase of Village People tickets. All of the above constituted interference by the Sixuvus Defendants and their cohorts which cause disruptions to shows and caused harm to the Intervenor's business relations with these organizations. Moreover, defendants Texan Theatre, Celebrity Direct, The Pennsylvania Horticultural Society and all other defendants knew that any live performance at their event or facility with use of Village People trade dress would likewise constitute passing- off of the group as Village People. Subject: -. The passing-off was accomplished by defendants, and each of them, representing to the public that the "Kings of Disco [are] formerly Village People," therein 10 0 passing off "The Kings of Disco" as Village People, with use of a mark not owned by any of the Defendants. Defendants actually did interfere and caused out right disruption of certain shows including the Texan Theatre show that, with the urging of defendants, breached their fully executed agreement with Intervenor. On information and belief, Mrs. Facebook's Aiding and Abetting It is not. File name: -. In fact, the degree of similarity between "The Kings of Disco" and Village People famous mark and trade dress is stunning. PDF Producer: -. The Sixuvus Defendants commandeered verified Village People social media accounts for the sole purpose of bring harm to the Village People brand through the airing of grievances with Village People fans over the termination of their Village People license. Title: -. Soon afterward, Intervenor was granted a TRO preventing further use of the Village People mark by the Sixuvus Defendants pending a ruling on her preliminary injunction. Intervenor received no response from Facebook. The intent of the Sixuvus Defendants and their cohorts was to interfere, sow dissent, and public confusion, in efforts to harm Interevenor's group's business relations and to bring harm to numerous concerts already booked worldwide by Intervenor for Village People. Defendants infringing acts were designed to deceive the public and cause public confusion. However, on information and belief, the Sixuvus Defendants filed a counter notice informing Facebook that they, not Registrant or Intervenor, had a right to use Official Village People because Village People had simply changed its name to the KOD or that there's pending litigation. Zoom Out. Thumbnails Document Outline Attachments. The music of the group remains relevant more than 40 years later with sales exceeding million units. Willis, J. Everything else remains the same including trade dress, and music. Creator: -. Defendants used official Village People social media to speak with authority that they are the "real" and official Village People. When combined, whether in photo or in person, this image is immediately recognizable as Village People. Village People is a very iconic group wherein all of its hits featured original lead singer Victor Willis. Simply put, the Sixuvus Defendants and their cohorts made unauthorized use and access to Village People social media accounts for which they had no right for purposes of association. Each individual Sixuvus defendants also made these representations. Facebook quickly obliged by taking down Official Village People. The same tactics and hallmark of interference by the Sixuvus with use of, and encouragement of a handful of fans, continued well past Australia. Keywords: -. Trademark Dilution and Unfair Competition Intervenor is the owner of an exclusive license for the Village People mark and trade dress which qualifies as a famous mark and trade dress. Creation Date: -. Enter the password to open this PDF file:. Intervenor's group consistently performs as Village People with shows currently booked worldwide into Defendants' use of "The Kings of Disco" in association with the Village People mark has caused dilution of the Village People mark and continue to dilute the mark as several of Intervenor's Village People performances have already been negatively impacted and diluted by the shows identified above. The Pennsylvania Horticultural Society, and Texan Theatre hosted performances at their venue or special event. In this case, Facebook's credibility could easily be questioned. None of this would have been possible and no harm would have come to Intervenor's business relations in Australia had the Sixuvus not continued their unlawful use of official Village People social media for purposes of interference. Each of the defendants knew the Sixuvus had no right to perform as Village People or to pass themselves off as village People by another name.