Case 1:12-cv-20206-UU Document 1 Entered on FLSD Docket 01/19/2012 Page 1 of 6

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

GOLD AND ASSOCIATES, P.A. D/B/A THE TICKET CLINIC, Plaintiff, v. LAW OFFICES OF ADAM M. SMALLOW, LLC D/B/A THE MARYLAND TICKET CLINIC, Defendant. _________________________________________/ COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES Plaintiff GOLD AND ASSOCIATES, P.A. D/B/A THE TICKET CLINIC, through its attorneys, files this Complaint against Defendant LAW OFFICES OF ADAM. M. SMALLOW, LLC D/B/A THE MARYLAND TICKET CLINIC, and states: INTRODUCTION 1. This case arises from Defendants infringement of and unfair competition with the In this action, Plaintiff seeks Case No. ____________

registered TICKET CLINIC trademarks (Counts I and II).

injunctive relief and damages against Defendant for such violations of the federal Lanham Act. JURISDICTION AND VENUE 2. This Court has subject matter jurisdiction of this action pursuant to 15 U.S.C.

1114, 1116, 1121 and 1125, and 28 U.S.C. 1338, because this case involves a federal question arising under the Lanham Act, 15 U.S.C. 1051, et seq. 3. Personal jurisdiction and venue are proper in this Court because: (a) Plaintiff is situated in this District, and is being harmed in this District by the infringing conduct of Defendant, 28 U.S.C. 1391(b)(2), and (b) Defendant caused its services to be promoted and marketed in this

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District in violation of the Lanham Act and thereby is subject to personal jurisdiction in this District. THE PARTIES 4. Plaintiff Gold and Associates, P.A. d/b/a The Ticket Clinic is a corporation

organized under the laws of the State of Florida, having its principal place of business in Miami, Florida. 5. Defendant is a limited liability company organized under the laws of the State of

Maryland, having its principal place of business in Baltimore, Maryland. ALLEGATIONS COMMON TO ALL CAUSES OF ACTION A. 6. Plaintiff and the TICKET CLINIC Trademarks Plaintiff has been offering legal services pertaining to the defense of traffic

violations and automobile personal injury for over twenty years under the name and mark THE TICKET CLINIC. 7. Plaintiff is the exclusive licensee of two distinct trademarks covered by U.S.

Trademark Registrations (the TICKET CLINIC Marks):

Mark Registration No. 1,495,544 Registration Date 07/05/1988 Services Legal services pertaining to the defense of traffic violations and automobile personal injury

THE TICKET CLINIC

1,951,499

01/23/1996

Legal services pertaining to the defense of traffic violations and automobile personal injury

8.

Under its exclusive license, Plaintiff grants sublicenses to third parties with

respect to the TICKET CLNIC Marks in various geographic areas, such that the Plaintiffs use 2

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and the sublicensees use of the TICKET CLINIC Marks collectively cover the entire United States. B. 9. Defendants Infringing Conduct Defendant is promoting its legal services related to the defense of traffic

violations using the name and mark THE MARYLAND TICKET CLINIC (the Infringing Mark), including on its website, www.mdticketclinic.com. 10. Maryland. 11. Defendants Infringing Mark incorporates the TICKET CLINIC Marks. Defendant has registered the Infringing Mark as its trade name with the State of

Defendants use of a nearly identical mark to advertise services identical to Plaintiffs is likely to cause confusion and to cause the public to believe that Plaintiff has sponsored, authorized, licensed, or is otherwise affiliated with Defendant and its commercial and business activities, all to the detriment of Plaintiff. COUNT I INFRINGEMENT OF FEDERALLY REGISTERED SERVICE MARKS (15 U.S.C. 1114) 12. Plaintiff repeats and realleges each of the allegations contained in Paragraphs 1

through 11 of this Complaint as if fully set forth herein. 13. effect. 14. Defendants unauthorized use of its Infringing Mark in connection with the same The registrations embodying the TICKET CLINIC Marks are in full force and

services represented by the TICKET CLINIC Marks, namely legal services in defense of traffic violations as covered by U.S. Trademark Registration Nos. 1,495,544 and 1,951,499, constitutes infringement and is likely to confuse the public into believing that the services offered by

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Defendant are offered, sponsored, authorized, licensed by or otherwise connected with Plaintiff, or come from the same source as Plaintiffs services and are of the same quality as that assured by the TICKET CLINIC Marks. 15. This infringement has caused and is causing great and irreparable injury and

damage to Plaintiffs rights, business, goodwill and reputation and, unless restrained, will cause further irreparable injury and damage, leaving Plaintiff with no adequate remedy at law. COUNT II FEDERAL FALSE DESIGNATION OF ORIGIN (15 U.S.C. 1125) 16. Plaintiff repeats and realleges each of the allegations contained in paragraphs 1

through 11 of this Complaint as if fully set forth herein. 17. The TICKET CLINIC marks are distinctive and serve to identify Plaintiff as the

source of high quality goods and services. 18. Defendants unauthorized use of its Infringing Mark in commerce constitutes

false designation of origin and a false representation that the services are offered, sponsored, authorized, licensed by or otherwise connected with Plaintiff or come from the same source as Plaintiffs services when, in fact, they do not. 19. Such false designation of origin and false representation have caused and are

causing great and irreparable injury and damage to Plaintiffs rights, business, goodwill and reputation and, unless restrained, will cause further irreparable injury and damage, leaving Plaintiff with no adequate remedy at law. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully prays that this Court enter judgment in its favor and against Defendant as follows:

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A.

Granting preliminary and permanent injunctive relief restraining Defendant, its

employees, agents, officers, directors, licensees, attorneys, successors, affiliates, subsidiaries, and assigns and all those in active concert and participation with any of them, from: (1) Using the mark THE MARYLAND TICKET CLINIC or any other mark

confusingly similar to the TICKET CLINIC Marks in connection with the advertising, offering for sale and/or sale of legal services for the defense of traffic violations, or any related goods or services; (2) Committing any other act which falsely represents or which has the effect

of falsely representing that the services of Defendant are licensed by, authorized by, offered by, sponsored by, or in any other way associated with Plaintiff; (3) (4) (5) Otherwise infringing upon the TICKET CLINIC Marks; Otherwise unfairly competing with Plaintiff; Aiding, assisting or abetting any other party in the acts prohibited by subparagraphs (1) through (5). B. Ordering Defendant to suspend its use of the website www.mdticketclinic.com

and transfer the domain name mdticketclinic.com to Plaintiff; C. Ordering Defendant to withdraw or cancel its registration of the trade name THE

MARYLAND TICKET CLINIC with the State of Maryland (ID# T00319606); D. Ordering Defendant to provide Plaintiff with an accounting of profits Defendant

has wrongfully obtained from its use of the Infringing Mark, 15 U.S.C. 1117(a); E. Ordering Defendant to pay Plaintiff compensatory damages, treble damages,

costs, and attorneys fees, 15 U.S.C. 1117(a); and

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F. proper.

Awarding Plaintiff such other and further relief as the Court deems just and

Dated: January 19, 2011 Respectfully submitted, By: /s/ Carly A. Hammond Steven I. Peretz Fla. Bar. No. 329037 Michael B. Chesal Fla. Bar. No. 775398 Carly A. Hammond Fla. Bar. No. 31052 PERETZ CHESAL & HERRMANN, PL 201 S. Biscayne Blvd., Suite 1750 Miami, Florida 33131 Tel: 305-341-3000 Fax: 305-371-6807 Email: speretz@pch-iplaw.com mchesal@pch-iplaw.com chammond@pch-iplaw.com Counsel for Plaintiff Gold and Associates, P.A. d/b/a The Ticket Clinic

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