UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Similar documents
UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Case 1:17-cv VAC-CJB Document 1 Filed 12/19/17 Page 1 of 15 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

FILED: NEW YORK COUNTY CLERK 10/12/ :31 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/12/2016

Case: 1:12-cv Document #: 1 Filed: 09/07/12 Page 1 of 14 PageID #:1

UNITED STATES OF AMERICA L- +: i DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D. C.

APPENDIX C-1 [COMPLAINT FOR INJUNCTIVE AND MANDAMUS RELIEF]

Case 2:14-cv JCM-PAL Document 20 Filed 02/13/15 Page 1 of 2

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES. Case No. Plaintiff, Defendants.

Case 3:18-cv FAB Document 1 Filed 10/23/18 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO CIVIL NO.

Case 4:13-cv Document 5 Filed in TXSD on 05/13/13 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

STATE OF WASHINGTON KING COUNTY SUPERIOR COURT I NO. Attorney General, and Mitchell A. Riese, Assistant Attorney General, files this action against

Attorneys for Plaintiffs IN THE UNITED STATES DISTRICT COURT. FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No.: CV HRL

Case 1:16-cv JL Document 10 Filed 10/21/16 Page 1 of 12 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Case: 1:17-cv JG Doc #: 1 Filed: 05/31/17 1 of 36. PageID #: 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO

Case 1:13-cv JTN Doc #1 Filed 08/15/13 Page 1 of 19 Page ID#1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN

U.S. DISTRICT COURT NORTHERN DISTRICT OF TEXAS IN THE UNITED STATES DISTRICT Co RT FILED

Case 1:16-cv Document 1 Filed 12/15/16 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DISTRICT OF COLUMBIA

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA

Case 2:17-cv RSL Document 1 Filed 11/29/17 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

Case 1:15-cv LMB-IDD Document 136 Filed 07/05/16 Page 1 of 11 PageID# 2183

Attorney for Derrek Skinner, Pedro Hernandez and Jeanne Walker IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION

Case 3:08-cv JSW Document 1 Filed 07/17/2008 Page 1 of 8 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case 1:13-cv DPW Document 1 Filed 08/08/13 Page 1 of 13 THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

ANSWER, AFFIRMATIVE DEFENSES AND DEMAND FOR JURY TRIAL OF VILLAGES OF VILANO HOMEOWNERS' ASSOCIATION, INC.

Case 4:15-cv DMR Document 1 Filed 10/02/15 Page 1 of 8

Courthouse News Service

FILED: NASSAU COUNTY CLERK 12/24/ :13 AM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2016

COMPLAINT FOR DECLARATORY RELIEF AND DECREE QUIETING TITLE

YOU ARE HEREBY SUMMONED and required to Answer the Complaint in this action,

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

STATE OF VERMONT SUPERIOR COURT CIVIL DIVISION COMPLAINT. Defendant, the Wildflower Inn a/k/a DOR Associates LLP (the Wildflower Inn ), for nominal

4:11-cv RBH Date Filed 05/27/11 Entry Number 1 Page 1 of 20 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION COMPLAINT

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

IN THE SUPERIOR COURT OF JASPER COUNTY STATE OF GEORGIA

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION ) ) ) ) ) ) ) ) ) INTRODUCTION

Terms and Conditions applicable to Travel Agencies registered at volaris.com

Case 1:17-cv MBB Document 1 Filed 07/13/17 Page 1 of 26 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS. Case No.

Case 1:17-cv Document 1 Filed 11/07/17 Page 2 of 12

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Case: 1:14-cv Document #: 1 Filed: 05/02/14 Page 1 of 5 PageID #:1

Case 1:17-cv CMA Document 1 Entered on FLSD Docket 11/21/2017 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) INTRODUCTION. In 2016, Plaintiff Grady Aldridge and his wife purchased Carowinds season tickets for

Case 1:19-cv Document 1 Filed 01/11/19 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.:

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 3:16-cv SI Document 29 Filed 09/26/16 Page 1 of 16 UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION.

2018 Application. Easy Online Enrollment: Application valid 1/16/18. New Jr. Camp Pricing!

Case 3:18-cv Document 1 Filed 03/13/18 Page 1 of 24

IN THE CIRCUIT COURT OF GREENE COUNTY STATE OF MISSOURI

Case 3:18-cv DRD Document Filed 09/04/18 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

COMPLAINT. Plaintiffs Lima Delta Company, Trident Aviation Services, LLC, and Société Commerciale et Industrielle Katangaise, as and for their

ATTORNEY-CLIENT AGREEMENT

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

AT BUSCH GARDENS WILLIAMSBURG November through December. Policies and Guidelines

Couples Cruise, L.L.C.

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

DISTRICT COURT CLARK COUNTY, NEVADA CASE NO.: DEPT NO.: VERIFIED COMPLAINT

2013 SEABOURN SEABOURN 25 TH ANNIVERSARY SWEEPSTAKES

VoIP RADIO CONSOLE SYSTEM FOR MACON COUNTY EMERGENCY MANAGEMENT

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

1 Buy Miles Campaign with up to 50% Bonus Miles. Terms and Conditions

GUIDE TO SELLING CHARTER BY THE SEAT

Charter Service Agreement

Case 1:18-cv Document 1 Filed 05/04/18 Page 1 of 12

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION AMENDED COMPLAINT. Jurisdiction and Venue

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA GENERAL JURISDICTION DIVISION

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, D.C CERTAIN AIR MATTRESS BED SYSTEMS 1nv_N0_ A AND COMPONENTS THEREOF

APPLICATION TO SERVE AS ARBITRATOR (PURSUANT TO ORS )

Melco International Development Limited (Incorporated in Hong Kong with limited liability) Website : (Stock Code : 200)

IN THE CIRCUIT COURT OF THE CITY OF SAINT LOUIS, MISSOURI. PETITION Plaintiffs Blue Ocean Portfolios, LLC, 23 Glen Abbey Partners, LLC, James A.

Case 3:19-cv Document 1 Filed 01/23/19 Page 1 of 10

Aviation Law. Michael J. Holland. Condon & Forsyth LLP -- ALL RIGHTS RESERVED

GOF-AIR, S.A. de C.V.

AVIATION REGULATORY UPDATE

MGM RESORTS INTERNATIONAL

Melco International Development Limited (Incorporated in Hong Kong with limited liability) Website : (Stock Code : 200)

Case 1:14-cv NLH-AMD Document 1 Filed 04/09/14 Page 1 of 58 PageID: 1 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

AEROSERVICIOS EJECUTIVOS CORPORATIVOS, S.A. de C.V.

PART III ALTERNATIVE TRADING SYSTEM (SPA)

IN THE UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

AEROLINEAS MARCOS, S.A. de C.V.

SERVICE AGREEMENT. The Parties agree as follows: 1. SERVICE AGREEMENT:

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION COMPLAINT

Form I-924, Application for Regional Center under the Immigrant Investor Pilot Program. EB5 Capital DC Regional Center RCW / ID

FEDEX - OVERNIGHT MAIL, CERTIFIED MAIL-RETURN RECEIPT REQUESTED AND FIRST CLASS MAIL JAN

ORIGINAL BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. APPLICATION FOR EMERGENCY EXEMPTION AUTHORITY

Provided by: UKM-KS. Valid as of February 2018

EXHIBIT 1 (Settlement Agreement)

Case 3:18-cv Document 1 Filed 04/16/18 Page 1 of 10 PageID: 1

Room Block Performance Grid Performance grid is based on the current hotels room block and revised by a by the following sliding scale

AT BUSCH GARDENS WILLIAMSBURG March through October. Policies and Guidelines

SECTION TWENTY-THREE * INCENTIVES GENERAL RULES AND REGULATIONS DEFINITIONS INTERMODAL CONTAINER DISCOUNT PROGRAM

Case 1:13-at Document 2 Filed 07/24/13 Page 1 of 11 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

United States USCIS Final Rule Contains Significant Changes for AC21 Provisions

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Cathay Pacific Airways Limited Abridged Financial Statements

to enter required details (such as name, address, password, service category, locations covered) on the Hitched Platform s online form;

Transcription:

Case :0-cv-0-JCM-LRL Document Filed 0//0 Page of Howard Hughes Parkway 0 MICHAEL J. McCUE (Nevada Bar #0) LEWIS AND ROCA LLP Howard Hughes Parkway, Las Vegas, Nevada Tel: (0) -0 Fax: (0) - Attorneys for Plaintiff CityCenter Land, LLC CITYCENTER LAND, LLC, a Nevada limited liability company, vs. UNITED STATES DISTRICT COURT Plaintiff, PAPILLON AIRWAYS, INC., an Arizona corporation, and MONARCH ENTERPRISES, INC., a Washington corporation, Defendants. DISTRICT OF NEVADA -- Case No.: COMPLAINT Plaintiff CityCenter Land, LLC ( CityCenter Land ), for its complaint against Defendants Papillon Airways, Inc. and Monarch Enterprises, Inc., alleges as follows: NATURE OF THE CASE CityCenter Land seeks a declaratory judgment that its use of the PAPILLON mark in connection with a high-end retail store in Las Vegas does not violate Defendants rights in the PAPILLON mark for use in connection with helicopter and bus tour services, and related goods and services incidental thereto, including, among others, clothing, bumper stickers, pens, calendars, maps, and post cards. CityCenter Land also asserts a claim for misrepresentation. 0.

Case :0-cv-0-JCM-LRL Document Filed 0//0 Page of Howard Hughes Parkway 0 JURISDICTION. This Court has subject matter jurisdiction pursuant to U.S.C. and (a). Jurisdiction is also proper under U.S.C. (a), because there is complete diversity of citizenship between CityCenter Land and Defendants and the amount in controversy in this action exceeds $,000, exclusive of costs and interest.. CityCenter Land is a limited liability company formed under the laws of the State of Nevada with its principal place of business in Las Vegas, Nevada.. Upon information and belief, Defendant Papillon Airways, Inc. ( Papillon Airways ) is an Arizona corporation with its principal place of business in Kirkland, Washington.. Upon information and belief, Defendant Monarch Enterprises, Inc. ( Monarch ) is a Washington corporation with its principal place of business in Kirkland, Washington.. Upon information and belief, Monarch is a subsidiary or affiliate of Papillon Airways. Monarch and Papillon Airways will be collectively referred to as Defendants.. This Court has general and specific personal jurisdiction over the Defendants. The Court has general jurisdiction over the Defendants based on Defendants transaction of business in this judicial district, including, among other things, the Defendants operation of helicopter terminals in Las Vegas and Boulder City, Nevada, and Defendants extensive targeted advertising and offering of helicopter tour services in the State of Nevada. This Court has specific jurisdiction over the Defendants based on the fact that the Defendants has expressly aimed their conduct at CityCenter Land in the State of Nevada knowing that such conduct would cause injury to CityCenter Land in the State of Nevada. CityCenter Land s claims arise out of Defendants contacts with the State of Nevada.. Venue is proper in this district pursuant to U.S.C. (b). Venue lies in the unofficial Southern division of this Court. -- 0.

Case :0-cv-0-JCM-LRL Document Filed 0//0 Page of Howard Hughes Parkway 0 FACTUAL ALLEGATIONS. CityCenter Land owns and is developing the CityCenter project on the Las Vegas Strip. CityCenter spans acres and million square feet making it the largest single privately funded construction project in United States history. Upon completion, CityCenter will be comprised of hotels, condominiums, a casino, and a 00,000 square foot retail and dining complex known as The Crystals.. CityCenter, directly or through a subsidiary, will own and operate a high-end retail store at The Crystals using the name Papillon, which is French for butterfly. At the Papillon store, CityCenter intends to sell high-end designer brand handbags, wallets, belts, scarves, jewelry, hats, and gloves with expected prices primarily ranging from approximately $00 to more than $0,000 per item. CityCenter does not intend to sell any goods bearing the Papillon name. 0. On September, 0, CityCenter Land filed an intent-to-use trademark application (Serial No. /0) with the United States Patent and Trademark Office ( USPTO ) for registration of the PAPILLON word mark for retail store services featuring handbags, wallets, belts, scarves, jewelry, hats, and gloves in International Class. The application was published for opposition on August, 0.. On June, 0, CityCenter Land filed an intent-to-use trademark application (Serial No. /0) with the USPTO for registration of the PAPILLON and design mark (shown below) for retail store services featuring handbags, wallets, belts, scarves, jewelry, hats, and gloves in International Class. The application was published for opposition on October, 0.. CityCenter Land is incurring substantial expenses in connection with the build out and planned opening of the PAPILLON store at The Crystals. -- 0.

Case :0-cv-0-JCM-LRL Document Filed 0//0 Page of Howard Hughes Parkway 0. On September, 0, Defendant Papillon Airways, through counsel, sent a cease and desist letter to CityCenter Land. In the letter, Papillon Airways claimed that it owns federal trademark registration no.,, for the PAPILLON mark for the following goods and services: (a) bumper stickers, calendars, identification tags, letter openers, maps, paper coasters, pencils, pens, photographic slides, post cards, posters and travel books; (b) men's, women's, and children's clothing; namely, dresses, hats, jackets, pants, shirts, shorts, skirts, slippers, socks, sweatpants, sweatshirts, sweaters, T-shirts, tank tops, vests, and visors, all sold in connection with the promotion of helicopter and/or bus tour services; (c) maintenance and repair services for aircraft and aircraft engines; (d) helicopter and bus transportation and tour services; (e) entertainment services in the nature of multi-media presentations involving audio, video and slide media; and (f) mail order catalog services featuring adult, child and infant unisex clothing which promote applicant's helicopter and/or bus transportation and/or tour services. ( Papillon Registered Mark ).. In the cease and desist letter, Papillon Airways claimed that it operates helicopter tours in the Las Vegas and Grand Canyon area under the Papillon Registered Mark and operates gift shops at its offices at the Las Vegas Airport, Boulder City, Nevada, and the South Rim of the Grand Canyon.. In the cease and desist letter, Papillon Airways claimed that CityCenter Land s use of the PAPILLON mark in connection with retail store services is likely to cause public confusion with Papillon Airways well known PAPILLON brand in that the public may tend to wrongly believe that [CityCenter Land s] shops are affiliated with, licensed by, or approved by, [Papillon Airways]. -- 0.

Case :0-cv-0-JCM-LRL Document Filed 0//0 Page of Howard Hughes Parkway 0. In the cease and desist letter, Papillon Airways claimed that CityCenter Land s use of the PAPILLON mark constitutes trademark infringement and unfair competition in violation of the Lanham Act, U.S.C. and (a). Papillon requested that CityCenter Land immediately cease and desist from any further use of the name PAPILLON or any mark including the name PAPILLON in connection with retail store services and withdraw CityCenter Land s pending trademark application Serial No. /0.. Contrary to Defendants representations, Defendants Las Vegas gift shop is not operated under the PAPILLON mark and does not sell PAPILLON branded products.. Contrary to Defendants representation, Monarch Enterprises, not Papillon Airways, owns the uses the Papillon Registered Mark.. Contrary to Defendants representation, Defendants use the PAPILLON GRAND CANYON HELICOPTERS mark (shown below), rather than PAPILLON alone, in connection with their goods and services.. Upon information and belief, Defendants use the PAPILLON GRAND CANYON HELICOPTERS mark primarily for helicopter tours.. Upon information and belief, Defendants use of the PAPILLON GRAND CANYON HELICOPTERS mark on goods is limited to the purpose of promoting Defendants helicopter services.. On October, 0, Defendants sent another cease and desist letter demanding that CityCenter withdraw both of its applications to register the PAPILLON mark. Defendants also demanded that CityCenter agree not to the PAPILLON mark.. Upon information and belief, Defendants use of the PAPILLON GRAND CANYON HELICOPTERS mark is for low-cost souvenir products, such as bumper -- 0.

Case :0-cv-0-JCM-LRL Document Filed 0//0 Page of Howard Hughes Parkway 0 stickers, calendars, identification tags, letter openers, maps, paper coasters, pencils, pens, photographic slides, post cards, posters, travel books and clothing ( Souvenirs ).. Upon information and belief, Defendants sell their Souvenirs solely through their own gift shops.. Upon information and belief, consumers will not be confused by CityCenter Land s use of the PAPILLON mark for a retail store at The Crystals featuring high-end designer brand handbags, wallets, belts, scarves, jewelry, hats, and gloves with expected prices primarily ranging from hundreds of dollars to thousands of dollars per item, and Defendants use of any PAPILLON formative mark for inexpensive souvenirs sold solely through Defendants gift shops and for the purpose of promoting Defendants helicopter tour services. COUNT ONE (Declaratory Judgment under U.S.C. ). CityCenter Land incorporates the allegations set forth in each of the preceding paragraphs as if fully set forth herein. Defendants.. An actual case and controversy exists between CityCenter Land and. There is an adversarial conflict between CityCenter Land and Defendants.. CityCenter Land has a reasonable apprehension of litigation. 0. This controversy is ripe for adjudication. COUNT TWO (Misrepresentation). CityCenter Land incorporates the allegations set forth in each of the preceding paragraphs as if fully set forth herein.. Defendants intentionally made the false representations of material fact to CityCenter Land to induce CityCenter Land to cease use of the PAPILLON mark. -- 0.

Case :0-cv-0-JCM-LRL Document Filed 0//0 Page of Howard Hughes Parkway 0. CityCenter Land reasonably relied on Defendants false representations of material fact to its detriment.. CityCenter Land suffered damages as the direct and proximate result of Defendants fraud. PRAYER FOR RELIEF WHEREFORE, CityCenter Land respectfully requests that the Court: A. Enter a declaratory judgment that CityCenter Land has not infringed or otherwise violated any rights of Defendants arising from or relating to CityCenter Land s use of the PAPILLON mark. B. Award damages to CityCenter Land in an amount to be proven at trial. DATED this th day of October, 0. LEWIS AND ROCA LLP /s/ / MICHAEL J. McCUE (Nevada Bar #0) Howard Hughes Parkway, Las Vegas, Nevada Tel: (0) - Fax: (0) - Attorneys for Plaintiff CityCenter Land, LLC -- 0.