Right Connection v. McGinley - Lifestyles Trademark Complaint PDF

Case 3:15-cv-01323-BTM-JMA Document 7 Filed 07/30/15 Page 1 of 17
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Gregory P. Goonan (California Bar Number 119821)

THE AFFINITY LAW GROUP
5755 Oberlin Drive, Suite 301
San Diego, CA 92121
Telephone: (858) 750-1615
Facsimile: (619) 243-0088
Email: [email protected]
Attorneys for Plaintiff
Right Connection, Inc.
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

San Diego, CA 92121
(858) 750-1615
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Right Connection, Inc., a Nevada corporation,
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Plaintiff,
vs.
Robert L. McGinley, an individual,
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Defendant.
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CASE NO. 15 CV 1323 BTM JMA

FIRST AMENDED COMPLAINT FOR (1)
TRADEMARK INFRINGEMENT; (2)
VIOLATION OF LANHAM ACT SECTION
43(a); (3) VIOLATION OF CALIFORNIA
BUSINESS & PROFESSIONS CODE
SECTION 17200; (4) COMMON LAW
UNFAIR COMPETITION; (5) COMMON
LAW TRADEMARK INFRINGEMENT;
AND (6) FRAUD.
JURY TRIAL DEMANDED
I/C Judge: Hon. Berry T. Moskowitz
Courtroom: 15B
Action Filed: June 16, 2015
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Plaintiff Right Connection, Inc. (Right Connection) alleges as follows for its
First Amended Complaint:
INTRODUCTION
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1.
This is an action for damages, injunctive relief, and other relief arising
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FIRST AMENDED COMPLAINT
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(15cv1323)
out of the infringement by defendant Robert L. McGinley (Defendant) of Right
Connections trademark rights as well as a violation by Defendant of Lanham Act
section 43(a) and state and common law unfair competition and trademark laws.
Right Connection is a company that specializes in the marketing and sale
of tours, travel, cruises and related services and products for individuals interested in
alternative adult travel and entertainment.

San Diego, CA 92121
(858) 750-1615
2.
3.
An essential part of Right Connections business is the trademarks and
trade names that it uses to market and sell its services and products. Right
Connection markets and sells its services and products using a number of trademarks
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centered around the term Lifestyles. As alleged herein, the term Lifestyles has
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come to be known and understood by consumers and Right Connections competitors
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to designate the high-quality services and products marketed and sold by Right
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Connection.
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4.
Among a number of trademarks that it owns and uses in connection with
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its business, Right Connection is the owner of United States Trademark Registration
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No. 4,627,561 for the trademark Lifestyles Travel. Right Connection also owns
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United States Trademark Registration No. 4,034,177 for the trademark Lifestyles
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Cruise. These trademarks are sometimes referred to herein as Right Connections
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Lifestyles Trademarks.
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5.
Defendant is using websites operated and maintained at the following
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domain addresses to offer for sale and sell tours, travel, cruises and related services
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and products for individuals interested in alternative adult travel and entertainment:
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(a) www.lifestylesholidays.com; (b) www.lifestylesconvention.com; and (c)
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www.lifestyles.org. The websites operated and maintained at such domain names are
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referred to herein as the Offending Websites. Right Connection is informed and
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believes and on that basis alleges that Defendant is operating and maintaining the
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Offending Websites for and on his own behalf, and/or the Offending Websites are
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(15cv1323)
being operated and maintained by others acting in concert and participation with
Defendant and in conspiracy with Defendant.
As alleged herein, Defendants conduct constitutes trademark
infringement under federal, California and common law, violates Lanham Act section
43(a), and constitutes unfair competition under California and common law. Right
Connection accordingly brings this action to secure relief under federal, California
and the common law to redress and remedy Defendants wrongful acts. By this
action, Right Connection seeks injunctive relief, money damages and all other
appropriate relief.
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San Diego, CA 92121
(858) 750-1615
6.
7.
On February 15, 2011, in exchange for valuable consideration,
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Defendant executed a written assignment (the Assignment) by which Defendant
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assigned to Right Connection all right, title and interest in and to the following
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trademark registrations: (1) United States Trademark Registration No. 2,008,780 for
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the trademark Lifestyles Tours and Travel, and (2) United States Trademark
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Registration No. 3,467,869 for the trademark Lifestyle Resorts. These trademarks
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are referred to herein as Assigned Trademarks.
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8.
Defendant has filed a Counterclaim in this action by which he claims
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that the Assigned Trademarks are generic and/or are the victims of genericide. If the
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allegations of Defendants Counterclaim are to be believed, Defendant knew or
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believed that the Assigned Trademarks were generic and/or the victims of genericide
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as of the date he executed the Assignment.
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9.
Defendant did not disclose, and concealed from Right Connection, that
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he believed that the Assigned Trademarks were generic and/or the victims of
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genericide at the time he executed the Assignment, and that he would contend that the
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Assigned Trademarks were generic and/or the victims of genericide if Right
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Connection sued him for infringing the Assigned Trademarks.
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10.
The information that was not disclosed and that was concealed by
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(15cv1323)
Defendant was material information that Defendant had a duty to disclose to Right
Connection. By failing to do so, Defendant has committed fraud by concealment.
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damages from Defendant to remedy his fraud.

JURISDICTION AND VENUE
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12.
This Court has jurisdiction over this matter pursuant to (i) 28 U.S.C.
1331 (action arising under the laws of the United States); (ii) 28 U.S.C. 1338(a)
(action arising under trademark law); (iii) 28 U.S.C. 1338(b) (claims for unfair
competition joined with claims under the trademark law); (iv) 15 U.S.C. 1121(a)
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San Diego, CA 92121
(858) 750-1615
By this action, Right Connection also seeks compensatory and punitive
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(action arising under the Lanham Act); (v) and principles of pendant jurisdiction.
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a substantial part of the events or omissions giving rise to the claims occurred.
THE PARTIES
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Venue is proper in this district pursuant to 28 U.S.C. 1391(b)(2) where
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Plaintiff Right Connection is a corporation organized and existing under
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the laws of the State of Nevada with its principal place of business at 2375 East
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Tropicana, Suite 172, Las Vegas, Nevada 89119. Right Connection is the owner of
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all right, title and interest in and to the Lifestyles Trademarks and the Assigned
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Trademarks.
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Right Connection is informed and believes and on that basis alleges that
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Defendant McGinley is an individual who has done business at 1028 North
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Mayflower Street, Anaheim, California at all relevant times.

GENERAL ALLEGATIONS
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A.
Right Connections Business And Trademark Rights
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For many years, Right Connection has been in the business of arranging
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and selling travel and tours, as well as other products and services, for individuals
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interested in alternative adult travel and adults-only vacations.
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17.
Right Connection is a leader in the alternative adult travel and
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(15cv1323)
entertainment industry. Although there are numerous individuals and businesses who
are involved in the adult travel and entertainment industry, many of them are shady
operators who are unreliable, offer poor quality services, and in a number of cases
have defrauded consumers. In sharp contrast to many of its competitors, Right
Connection is well known both by consumers and by its competitors for the high
quality, honest, reliable travel and entertainment services, and related products and
services that it has provided to its customers over its many years of business.

San Diego, CA 92121
(858) 750-1615
18.
Right Connection has used the term Lifestyles in various forms as its
trademark for years to identify the high quality alternative adult travel and
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entertainment services, and related products and services, it offers to its customers.
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As a result, both consumers and Right Connections competitors have come to
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recognize and understand that the term Lifestyles is a trademark owned by Right
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Connection that designates the high quality, reliable alternative adult travel and
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entertainment services, and other products and services, marketed and sold by Right
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Connection.
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19.
Right Connection has used the Lifestyles Trademarks, and the Assigned
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Trademarks to advertise its alternative adult travel and entertainment services, and
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related products and services, throughout the United States and the world. A
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significant portion of Right Connections marketing and sales is done over the
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Internet through the use of the Lifestyles Trademarks. Right Connection prominently
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displays and uses its Lifestyles Trademarks on its websites and in its other marketing
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and promotional materials.
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20.
As a result of the substantial amount of sales that Right Connection has
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generated using the Lifestyles Trademarks, the Assigned Trademarks, the length of
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use of such trademarks, the advertising and promotion of such trademarks by Right
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Connection, and the public recognition of such trademarks, as well as the high
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quality, honest and reliable services offered and sold by Right Connection using such
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trademarks, the Lifestyles and Assigned Trademarks are widely understood and
recognized in the alternative adult travel and entertainment industry as being Right
Connections trademarks, and the such trademarks distinguish Right Connections
superior services from the services of others.
For the reasons alleged herein, the Lifestyles Trademarks and the
Assigned Trademarks are valuable assets owned by Right Connection and have come
to represent significant and valuable goodwill belonging exclusively to Right
Connection.
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San Diego, CA 92121
(858) 750-1615
21.
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22.
As alleged herein, Right Connection is the owner of United States
Trademark Registration No. 4,627,561 for the trademark Lifestyles Travel.

23.
As alleged herein, Right Connection also owns United States Trademark
Registration No. 4,034,177 for the trademark Lifestyles Cruise.

24.
Each of the Lifestyles Trademarks as described herein have been valid
and subsisting at all relevant times.

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Trademark Registration No. 2,008,780 for the trademark Lifestyles Tours and
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Travel.
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26.
Trademark Registration No. 3,467,869 for the Trademark Lifestyle Resorts.

27.
Each of the Assigned Trademarks as described herein have been valid
and subsisting at all relevant times.
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B.
Defendants Wrongful Acts
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28.
As alleged herein, Defendant is using the Offending Websites, on his
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own and/or in active concert, participation and conspiracy with others, to offer
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alternative adult travel and entertainment services over the Internet.
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29.
Right Connection is informed and believes, and on that basis alleges,
that Defendant has falsely represented to the consumers, and continues to falsely
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represent to consumers, that Defendant, not Right Connection, owns trademark rights
in the Lifestyles Trademarks and to the Lifestyles name.
Defendants wrongful actions as alleged herein create a likelihood of
confusion and have created actual confusion among consumers, and present the risk
of deceiving the public into believing that Defendant has the right to use and/or owns
rights in the term Lifestyles in the adult travel and entertainment industry, when
that is not true.
FIRST CLAIM FOR RELIEF
(Federal Trademark Infringement)
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San Diego, CA 92121
(858) 750-1615
30.
31.
Right Connection realleges and incorporates by this reference each and
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every allegation contained in paragraphs 1 through 29 of this First Amended
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Complaint as though set forth in full herein.
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32.
This claim for relief is an action for federal trademark infringement
pursuant to the Federal Trademark Act, 15 U.S.C. 1114 et seq.

33.
As alleged herein, Right Connection has valid and subsisting federal
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registrations for Right Connections Lifestyles Trademarks and Right Connection has
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marketed, advertised and sold alternative adult travel services to the public using its
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Lifestyles Trademarks for a number of years.
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As alleged herein, Right Connection is informed and believes and on
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that basis alleges that the Defendant has marketed, advertised and sold, and continues
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to market, advertise and sell, his own alternative adult travel and entertainment
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services to the public using the Offending Websites and/or terms and formulations
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that are confusingly similar to Right Connections Lifestyles Trademarks.
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35.
Defendants wrongful acts as alleged herein have caused, and are likely
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to continue to cause, confusion in the minds of consumers to the detriment of Right
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Connection.
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36.
Defendants wrongful acts as alleged herein were done without the
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knowledge, consent or permission of Right Connection and continue without the
consent or permission of Right Connection.
In doing the things alleged herein, Defendant has violated the trademark
rights of Right Connection under the Federal Trademark Act, thereby giving rise to a
cause of action under 15 U.S.C. 1114.
38.
Right Connection will be irreparably harmed unless Defendant is
immediately and permanently enjoined from any further infringement of Right
Connections Lifestyles Trademarks.

San Diego, CA 92121
(858) 750-1615
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Right Connection has no adequate remedy at law and serious damage to
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its trademark rights will result unless Defendants wrongful acts and infringement are
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enjoined by the court.
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40.
Defendant has continued to infringe Right Connections Lifestyles
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Trademarks notwithstanding that he has actual knowledge of Right Connections
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trademark rights. Defendants infringement of Right Connections Lifestyles
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Trademarks accordingly constitutes intentional, willful, knowing and deliberate
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trademark infringement.
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41.
Defendants infringement of Right Connections Lifestyles Trademarks
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has caused Right Connection to suffer damages in an amount unknown at this time
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and has caused Defendant to gain revenues and profit in an amount unknown at this
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time. Pursuant to 15 U.S.C. 1117(a), Right Connection is entitled to an award of
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monetary damages in an amount equal to the losses suffered by Right Connection and
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the revenues and/or profits gained by Defendant, which damages should be
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augmented as provided by 15 U.S.C. 1117(a).
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42.
Pursuant to 15 U.S.C. 1117(a), any monetary damages awarded to
Right Connection should be trebled.

43.
Pursuant to 15 U.S.C. 1117(a), Right Connection is entitled to an
award of attorneys fees and costs of suit.
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(15cv1323)
SECOND CLAIM FOR RELIEF
(Violation of Lanham Act Section 43(a))
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San Diego, CA 92121
(858) 750-1615
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This claim for relief is for violation of Lanham Act section 43(a), 15
U.S.C. 1125(a).
46.
The wrongful actions of Defendant as alleged herein constitute unfair
competition and false advertising in violation of Lanham Act section 43(a).

47.
Right Connection will be irreparably harmed unless Defendant is
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enjoined from wrongful conduct as alleged herein, and from any further acts of unfair
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competition and false advertising relating to Right Connections Lifestyles
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Trademarks.
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48.
its rights will result unless Defendants wrongful actions are enjoined by the court.
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The actions of Defendant as alleged herein constitute intentional, willful,
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knowing and deliberate unfair competition and false advertising pursuant to Lanham
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Act Section 43(a).
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50.
Defendants acts of unfair competition and false advertising have caused
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Right Connection to suffer damages in an amount unknown at this time and have
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caused Defendant to gain revenues and profit in an amount unknown at this time.
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Pursuant to 15 U.S.C. 1117(a), Right Connection is entitled to an award of
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monetary damages in an amount equal to the losses suffered by Right Connection and
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the revenues and/or profits gained by Defendant, which damages should be
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augmented as provided by 15 U.S.C. 1117(a).
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51.
Pursuant to 15 U.S.C. 1117(a), any monetary damages awarded to
Right Connection should be trebled.
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Pursuant to 15 U.S.C. 1117(a), Right Connection is entitled to an
award of attorneys fees and costs of suit.
THIRD CLAIM FOR RELIEF
(Violation of California B&P Code Section 17200 et seq.)
53.
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San Diego, CA 92121
(858) 750-1615
52.
54.
This claim for relief is for unfair competition and false advertising in
violation of California Business and Professions Code section 17200 et seq.

55.
The actions of Defendant as alleged herein constitute unfair competition
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and false advertising in violation of California Business and Professions Code section
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17200 et seq.
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56.
Right Connection will be irreparably harmed unless Defendants
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wrongful conduct and any further acts of unfair competition and false advertising
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relating to Right Connections Lifestyles Trademarks are enjoined by the court.
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its rights will result unless the Defendants wrongful conduct is enjoined by the court.
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knowing and deliberate unfair competition and false advertising.

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Defendants acts of unfair competition and false advertising have caused
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Defendant to gain revenues and profit in an amount unknown at this time. Pursuant
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to California Business & Professions Code section 17203, Right Connection is
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entitled to a disgorgement in an amount equal to the revenues and/or profits gained by
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Defendant.
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FOURTH CLAIM FOR RELIEF
(Common Law Trademark Infringement)
61.
This claim for relief is for common law trademark infringement.
62.
The actions of Defendant as alleged herein constitute common law
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San Diego, CA 92121
(858) 750-1615
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trademark infringement.
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wrongful conduct and any further acts of trademark infringement relating to Right
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Connections Lifestyles Trademarks are enjoined by the court.
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64.
65.
knowing and deliberate trademark infringement.

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As a direct and proximate result of the acts of trademark infringement
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alleged herein, Right Connection has suffered, and will continue to suffer, damages in
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an amount unknown at this time. Likewise, as a direct and proximate result of the
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acts of trademark infringement as alleged herein, Defendant wrongfully has gained
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revenues and profit in an amount unknown at this time.
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67.
Defendant committed the acts of trademark infringement alleged herein
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intentionally, deliberately, maliciously, with intent to injure and oppress Right
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Connection, and in conscious disregard of the rights of Right Connection. Right
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Connection accordingly is entitled to an award of punitive and exemplary damages in
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an amount sufficient to punish and deter Defendants and make him an example to
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others.
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FIFTH CLAIM FOR RELIEF
(Common Law Unfair Competition)
69.
This claim for relief is for common law unfair competition.
70.
The actions of Defendant as alleged herein constitute common law
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San Diego, CA 92121
(858) 750-1615
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unfair competition.
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wrongful acts and any further acts of unfair competition relating to Right
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Connections Lifestyles Trademarks are enjoined by the court.
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knowing and deliberate unfair competition.

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As a direct and proximate result of the acts of unfair competition alleged
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herein, Right Connection has suffered, and will continue to suffer, damages in an
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amount unknown at this time. Likewise, as a direct and proximate result of the acts
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of unfair competition as alleged herein, Defendant has wrongfully has gained
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revenues and profit in an amount unknown at this time.
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75.
Defendant committed the acts of unfair competition alleged herein
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intentionally, deliberately, maliciously, with intent to injure and oppress Right
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Connection, and in conscious disregard of the rights of Right Connection. Right
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Connection accordingly is entitled to an award of punitive and exemplary damages in
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an amount sufficient to punish and deter Defendant and make him an example to
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others.
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SIXTH CLAIM FOR RELIEF
(Fraud)
77.
This claim for relief is a claim for fraud under California law.
78.
On February 15, 2011, Defendant executed the Assignment by which
Defendant assigned to Right Connection all right, title and interest in and to the
Assigned Trademarks.
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San Diego, CA 92121
(858) 750-1615
76.
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Defendant has filed a Counterclaim in this action by which he claims
that the Assigned Trademarks are generic and/or are the victims of genericide.
80.
If the allegations of Defendants Counterclaim are to be believed,
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Defendant knew or believed that the Assigned Trademarks were generic and/or the
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victims of genericide as of the date he executed the Assignment.
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81.
Defendant did not disclose, and concealed from Right Connection, that
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he believed that the Assigned Trademarks were generic and/or the victims of
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genericide at the time he executed the Assignment, and that he would contend that the
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Assigned Trademarks were generic and/or the victims of genericide if Right
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Connection sued him for infringing the Assigned Trademarks.
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82.
The information that was not disclosed and that was concealed by
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Defendant was material information that Defendant had a duty to disclose to Right
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Connection. By failing to do so, Defendant has committed fraud by concealment.
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83.
Defendant knew the information he intentionally failed to disclose and
concealed was material to Right Connection.

84.
Defendant did not disclose and concealed such material facts to induce
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Right Connection to transfer valuable consideration to Defendant in exchange for the
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Assignment.
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Right Connection was ignorant of the information that Defendant
concealed and failed to disclose, and actually and reasonably relied to its detriment on
its belief that Defendant had made full, complete and truthful disclosure of all
material information.
86.
Right Connection did not discover that Defendant had intentionally
failed to disclose and had concealed material information as alleged herein until
Defendant filed his Counterclaim in this action.
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San Diego, CA 92121
(858) 750-1615
85.
87.
As a direct, proximate, and legal result of the non-disclosure and
concealment as alleged herein, Right Connection has suffered, continues to suffer,
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and in the future will suffer, actual, consequential and incidental damages in an
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amount according to proof at trial as alleged herein.
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88.
Defendant did the acts and things alleged herein deliberately,
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maliciously, with intent to injure and oppress Right Connection, and in conscious
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disregard of the rights of Right Connection. Moreover, the conduct of Defendant
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constitutes fraudulent, malicious, oppressive and/or despicable conduct. Right
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Connection therefore is entitled to punitive and exemplary damages against
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Defendant in an amount sufficient to punish and deter Defendant, according to proof
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at trial.
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PRAYER FOR RELIEF
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WHEREFORE, Right Connection prays for judgment against Defendant as

follows:
1.
For a temporary, preliminary and permanent injunction restraining and
enjoining Defendant, and his agents, servants, employees, and all others in active
concert or participation with him, as follows:
a)
From further using the Lifestyles Trademarks;
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b)
From further infringing the Lifestyles Trademarks;
c)
From further advertising, promoting, distributing, offering for sale,
and/or selling, any travel services using the Lifestyles Trademarks or any other word
or phrase confusingly similar to Right Connections Lifestyles Trademarks.

d)
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herein.
2.
For an award of damages suffered by Right Connection, plus any
revenues or profits earned by Defendant, as a result of Defendants trademark
infringement, unfair competition, and false advertising, in an amount to be proven at
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San Diego, CA 92121
(858) 750-1615
From further acts of false advertising and unfair competition as alleged
trial.
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3.
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allowed by law.
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For an award of augmented and treble damages to the maximum extent
For an award of punitive and exemplary damages in an amount to be
proven at trial but sufficient to punish and deter Defendant.
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DATED: July 30, 2015
By: /s/ Gregory P. Goonan

Gregory P. Goonan
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DEMAND FOR JURY TRIAL
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Plaintiff Right Connection, Inc., hereby demands a jury trial in this matter.
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DATED: July 30, 2015
THE AFFINITY LAW GROUP APC
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By: /Gregory P. Goonan/

Gregory P. Goonan

San Diego, CA 92121
(858) 750-1615
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this 30th day of July 2015, a true and
accurate copy of the attached document was electronically filed with the Court, to be
served by operation of the Courts electronic filing system, upon the following:
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Allan B. Gelbard, Esq.

The Law Offices of Allan B. Gelbard
15760 Ventura Blvd., Suite 801
Encino, CA 91436
Attorneys for Defendant and Counterclaim Plaintiff
Robert L. McGinley

San Diego, CA 92121
(858) 750-1615
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/s/ Gregory P. Goonan
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(15cv1323)

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Case 3:15-cv-01323-BTM-JMA Document 7 Filed 07/30/15 Page 1 of 17

Gregory P. Goonan (California Bar Number 119821)

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

THE AFFINITY LAW GROUP

Right Connection, Inc., a Nevada corporation,

CASE NO. 15 CV 1323 BTM JMA

Case 3:15-cv-01323-BTM-JMA Document 7 Filed 07/30/15 Page 2 of 17

out of the infringement by defendant Robert L. McGinley (Defendant) of Right

Connections trademark rights as well as a violation by Defendant of Lanham Act

Right Connection is a company that specializes in the marketing and sale

alternative adult travel and entertainment.

THE AFFINITY LAW GROUP

An essential part of Right Connections business is the trademarks and

come to be known and understood by consumers and Right Connections competitors

Among a number of trademarks that it owns and uses in connection with

Cruise. These trademarks are sometimes referred to herein as Right Connections

Defendant is using websites operated and maintained at the following

(a) www.lifestylesholidays.com; (b) www.lifestylesconvention.com; and (c)

referred to herein as the Offending Websites. Right Connection is informed and

Case 3:15-cv-01323-BTM-JMA Document 7 Filed 07/30/15 Page 3 of 17

Defendant and in conspiracy with Defendant.

As alleged herein, Defendants conduct constitutes trademark

On February 15, 2011, in exchange for valuable consideration,

Defendant executed a written assignment (the Assignment) by which Defendant

are referred to herein as Assigned Trademarks.

Defendant has filed a Counterclaim in this action by which he claims

allegations of Defendants Counterclaim are to be believed, Defendant knew or

as of the date he executed the Assignment.

Assigned Trademarks were generic and/or the victims of genericide if Right

Connection sued him for infringing the Assigned Trademarks.

Case 3:15-cv-01323-BTM-JMA Document 7 Filed 07/30/15 Page 4 of 17

Connection. By failing to do so, Defendant has committed fraud by concealment.

damages from Defendant to remedy his fraud.

By this action, Right Connection also seeks compensatory and punitive

Venue is proper in this district pursuant to 28 U.S.C. 1391(b)(2) where

Plaintiff Right Connection is a corporation organized and existing under

Defendant McGinley is an individual who has done business at 1028 North

Mayflower Street, Anaheim, California at all relevant times.

Right Connections Business And Trademark Rights

interested in alternative adult travel and adults-only vacations.

Right Connection is a leader in the alternative adult travel and

Case 3:15-cv-01323-BTM-JMA Document 7 Filed 07/30/15 Page 5 of 17

have defrauded consumers. In sharp contrast to many of its competitors, Right

THE AFFINITY LAW GROUP

As a result, both consumers and Right Connections competitors have come to

and promotional materials.

As a result of the substantial amount of sales that Right Connection has

Case 3:15-cv-01323-BTM-JMA Document 7 Filed 07/30/15 Page 6 of 17

Connections trademarks, and the such trademarks distinguish Right Connections

superior services from the services of others.

to represent significant and valuable goodwill belonging exclusively to Right

As alleged herein, Right Connection is the owner of United States

Trademark Registration No. 4,627,561 for the trademark Lifestyles Travel.

As alleged herein, Right Connection also owns United States Trademark

Registration No. 4,034,177 for the trademark Lifestyles Cruise.

Each of the Lifestyles Trademarks as described herein have been valid

and subsisting at all relevant times.

As alleged herein, Right Connection is the owner of United States

As alleged herein, Right Connection is the owner of United States

Trademark Registration No. 3,467,869 for the Trademark Lifestyle Resorts.

Each of the Assigned Trademarks as described herein have been valid