Académique Documents
Professionnel Documents
Culture Documents
2 tauteur@gmail.com
3 Filmchella
4 578 Washington Blvd #435
5 Marina del Rey, CA 90292
6 Telephone: 323-369-5466
7 Defendant
8 In Pro Se
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COACHELLA MUSIC Case No.: 2:17-CV-06059
15 FESTIVAL, LLC, and BRO (GJSx)
16 GOLDENVOICE, LLC.
17
DECLARATION OF ROBERT
Plaintiffs TREVOR SIMMS IN
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OPPOSITION OF PLAINTIFFS
19 v. MOTION FOR PRELIMINARY
20 INJUNCTION
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ROBERT TREVOR SIMMS. and
DOES 1-20, DATE: September 25, 2017
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TIME: 1:30 p.m.
23 Defendants. CTRM: 7C
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Hon. Beverly Reid OConnell
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Production.
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2. I moved to Los Angeles, CA in February 2010 to pursue
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a career in the movie industry.
10 3. In 2016 I successfully completed my first feature film
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Misirlou, that I wrote, produced, directed, starred in, edited,
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5. I have attended many different film festivals, including
20 the Sundance Film Festival and most recently the Grossmanns
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Fantastic Film & Wine Festival in Ljutomer, Slovenia, where
23 Misirlou was an Official Selection as seen in Exhibit 2.
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6. I have never been to The Coachella Valley Music
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26 Festival.
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7. In January 2017 I met a man who is partnered with an
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is set for September 29th 2017.
8 9. I bought the domain name, acquired the social media
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handles, built a website, secured the venue, and began accepting
11 film submissions from filmmakers on and around January 9th,
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2017.
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11. On January 23rd, 2017 FILMCHELLA was officially
21 formed as a California Non Profit Organization with the EIN no.
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81-5321714 as seen in Exhibit 4.
24 12. In March 2017, Plaintiff sent an email letter accusing
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me of Trademark Infringement and Cybersquatting and
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13. On April 1st, 2017 I successfully filed for a Trademark
8 through the United States Trademark Office for the goods and
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services listed as Film Studio Movie Showings and Planning
11 and Conducting a Series of Film Festivals as seen in Exhibit 5.
14. On April 8th 2017, Nocholas Altree, the Trademark
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trademarks that conflict with Filmchella. He found no
21 conflicts. The trademark search was conducted by a computer
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program and then by manually viewing documents. The
24 automated computer search took 13 seconds, and the full search
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took 24 minutes, 40 seconds. The search looked at a total of 52,
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17. Plaintiffs Trademark Coachella is the name of the
8 geographical location in which we both hold events. Exhibit 8.
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18. Plaintiff has no rights to the Mark FILMCHELLA.
11 19. Plaintiff has never used the Mark CHELLA for
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anything other than T-Shirts.
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incomplete, as they have not yet shown usage. See Exhibit 9.
21 21. On or around June 13th, 2017 Skip Paige, Goldenvoices
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Chief Operating Officer, contacted me and invited me in for a
24 meeting in his Downtown Los Angeles Office. Also in
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attendance at the meeting was Gopi Sangha. Plaintiffs said they
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squeeze that one by (in reference to Filmchilla). Email
8 correspondence in regards to this meeting can be seen in Exhibit
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10.
11 22. The Trademark application for FILMCHELLA was
advanced to Publication on July 19th 2017 as seen in Exhibit 11.
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24. On August 8th 2017, Plaintiff opposed my Trademark.
21 25. On August 9th 2017 I filed for a Motion to Extend time
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to file my Trademark Opposition Answer.
24 26. On August 10th 2017 Plaintiff sent me an email saying
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he is going to sue me as seen in Exhibit 13.
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style, appearance, meaning, pronunciation, and commercial
8 impression. See Exhibit 14.
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29. I have been using my own distinctive design
11 consistently since January 4th, 2017 as seen in Exhibit 15.
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30. The advertisement included in Plaintiffs complaint
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same font style as COACHELLA. The email from the
21 volunteer applicant who made the poster can be seen in Exhibit
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16.
24 31. There are many businesses in the region that use
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COACHELLA and CHELLA in their business name and are
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27 using the Mark to describe the region, the mountains, and the
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valley, not to infringe on Plaintiffs Marks. See Exhibits 17 &
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different, there is less likelihood of confusion. FILM is
8 entirely different from COACH.
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33. Lollapalooza, a music festival very similar to
11 Plaintiffs, was trademarked in 1993, see EXHIBIT 19, and has
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arguably developed secondary meaning to its suffix Palooza
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14 related to its festival, just like the Plantiff argues is the case for
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Chella. However, there have been hundreds of festivals, not
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See Exhibit 20.
21 34. Plaintiff alleges I have been using the phrase Coachella
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for Movies, however, upon complaint from Plaintiff, I havent
24 mentioned Coachella in my media since March 2017, even
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though it is the name of the geographical region since the 1940s.
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4 unfounded.
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36. Plaintiff argues that my festival is unprofessionally run
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due to venue cancels, dates being pushed back, and personnel at
8 times distancing themselves from the festival; all of these
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occurrences having been caused by the constant harassment from
11 the Plaintiff maliciously accusing me of cybersquatting and
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trademark infringement.
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bottom right portion of the screen grab in EXHIBIT 24 from
21 AEG Presents website www.aegpresents.com under the headline
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AEG Presents Companies.
24 38. Plaintiff is seeking to seriously curtail my ability to earn
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a livelihood as a film exhibitor. If this Court were to enjoin a
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4 Filmchella has made sure everyone knows they are not the same,
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or run by the same people. See the article in the Hollywood
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Reporter in Exhibit 25.
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I declare under penalty of perjury under the laws of the
11 United States of America that the foregoing is true and correct,
and that this declaration is executed on September 2nd 2017, in
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17 __________________________
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Robert Trevor Simms
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Respectfully Submitted,
24 Dated: September 2, 2017 By: /s/ Robert Trevor Simms
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(/)
13th FANTASTIC FILM AND WINE FESTIVAL / 11 - 15 July 2017 / Ljutomer / Slovenia / EU
MISIRLOU
USA; 2016; 85 min; English language
West, a Veteran, comes to Venice Beach and meets an acid headed surf gang who are killing people for a psychedelic drug out
of the victim's adrenal glands.
http://www.grossmann.si/lm-program/torture-garden-en-GB/misirlou-en-GB/ 1/2
EXHIBIT
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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1478 (Rev 09/2006)
OMB No. 0651-0009 (Exp 02/28/2018)
NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears where the field is only mandatory
under the facts of the particular application.
PHONE 3233695466
EMAIL ADDRESS filmchella@gmail.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
WEBSITE ADDRESS http://www.filmchella.com
LEGAL ENTITY INFORMATION
*TYPE INDIVIDUAL
* COUNTRY OF CITIZENSHIP United States
GOODS AND/OR SERVICES AND BASIS INFORMATION
* INTERNATIONAL CLASS 041
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UNITED STATES PATENT AND TRADEMARK OFFICE
NOTICE OF PUBLICATION
1. Serial No.: 2. Mark:
87-395,026 FILMCHELLA
(STANDARD CHARACTER MARK)
3. International Class(es):
41
The mark of the application identified appears to be entitled to registration. The mark will, in accordance with Section 12(a) of the Trademark Act of 1946, as amended, be
published in the Official Gazette on the date indicated above for the purpose of opposition by any person who believes he will be damaged by the registration of the mark. If no
opposition is filed within the time specified by Section 13(a) of the Statute or by rules 2.101 or 2.102 of the Trademark Rules, the Commissioner of Patents and Trademarks may
issue a certificate of registration.
Copies of the trademark portion of the Official Gazette containing the publication of the mark may be obtained from:
The Superintendent of Documents
U.S. Government Printing Office
PO Box 371954
Pittsburgh, PA 15250-7954
Phone: 202-512-1800
Email Address(es):
filmchella@gmail.com
tauteur@gmail.com
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9/2/2017 Trademark Electronic Search System (TESS)
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(LAST LISTED OWNER) LOLLAPALOOZA, LLC LIMITED LIABILITY COMPANY DELAWARE C/O DEBLOIS,
MEJIA & KAPLAN, LLP 9171 WILSHIRE BLVD., #300 BEVERLY HILLS CALIFORNIA 90210
Assignment
ASSIGNMENT RECORDED
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27 87134410 MRS. PALOOZA TSDR LIVE
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76 85769279 4338817 PENNY PALOOZA TSDR LIVE
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