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    PLAINTIFFSORIGINAL COMPLAINT JURY DEMAND AND APPLICATION FORPRELIMINARY AND PERMANENT INJUNCTIVE RELIEF PAGE 1 OF 31

    UNITED STATES DISTRICT COURT

    FOR THE NORTHERN DISTRICT OF TEXAS

    FORT WORTH DIVISION

    THE TEXAS BRAHMAS, L.P. dba TBHOCKEY, L.P. and CENTRALPARTNERS, LLC dba CENTRALHOCKEY LEAGUE

    Civil Action No. _____________

    Plaintiffs

    v. ORIGINAL COMPLAINT

    LONE STAR BRAHMAS, LLC, TEXAS

    HOCKEY PARTNERS, LLC, NYTEX

    SPORTS, LLC, TEXAS BRAHMAS

    YOUTH HOCKEY ASSOCIATION,

    FRANK TRAZERRA Individually,

    SALVATORE TRAZERRA, Individually,NORTH AMERICAN HOCKEY LEAGUE,WESTERN STATES HOCKEY LEAGUE

    Jury Trial Requested

    Defendants

    PLAINTIFFSORIGINALCOMPLAINT,JURY DEMAND AND APPLICATION

    FORPRELIMINARY AND PERMANENT INJUNCTIVE RELIEF

    TO THE HONORABLE JUDGE OF SAID COURT:

    The Texas Brahmas, L.P. dba TB Hockey, L.P. (hereinafter Texas Brahmas or

    Plaintiff) and Central Partners, LLC dba Central Hockey League (hereinafter CHL or

    Central Hockey League or Plaintiff)(collectively Plaintiffs), hereby file this their Original

    Complaint, Jury Demand and Application for Preliminary and Permanent Injunctive Relief

    (Original Complaint) supported by the Declarations of Michael Barack and Rodney Steven

    (contained in a separately filed Appendix) and Plaintiffs Brief in Support of Their Motion for

    Preliminary Injunction filed concurrently herewith, complaining of Lone Star Brahmas, LLC,

    Texas Hockey Partners, LLC, NYTEX Sports, LLC, Texas Brahmas Youth Hockey Association,

    Case 4:13-cv-00865-O Document 1 Filed 10/22/13 Page 1 of 31 PageID 1

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    PLAINTIFFSORIGINAL COMPLAINT JURY DEMAND AND APPLICATION FORPRELIMINARY AND PERMANENT INJUNCTIVE RELIEF PAGE 2 OF 31

    Frank Trazerra, Salvatore Trazerra, North American Hockey League and Western States Hockey

    League (collectively Defendants), and upon personal knowledge as to their own acts and

    circumstances, and upon information and belief as to the acts and circumstances of others, allege

    as follows:

    I.

    THE PARTIES

    1. Plaintiff The Texas Brahmas, L.P. dba TB Hockey, L.P. is a limited partnershipduly organized and existing under the laws of the State of Delaware, with its principal place of

    business located at 2653 Juniper Lane, Grapevine, Texas 76051.

    2. Plaintiff Central Partners, LLC dba the Central Hockey League is a Nevadalimited liability company with its principal place of business located at 6751 Sunset Blvd., Ste.

    200, Glendale, Arizona 85305-3124

    3. Upon information and belief, Defendant Lone Star Brahmas, LLC is a Texaslimited liability company with its registered office located at 3355 Bee Cave Road, Suite 307,

    Austin Texas 78746. Lone Star Brahmas, LLC may be served with process through its registered

    agent, Rivas Goldstein, LLP at 3355 Bee Cave Road, Suite 307, Austin Texas 78746 or wherever

    it may be found.

    4. Upon information and belief, Defendant Texas Hockey Partners, LLC is a Texaslimited liability company with its principal place of business located at 8851 Ice House Drive,

    North Richland Hills, Texas 76180. Texas Hockey Partners, LLC may be served with process

    through its registered agent, Frank Trazzera at 8851 Ice House Drive, North Richland Hills,

    Texas 76180 or wherever it may be found.

    5. Upon information and belief, Defendant NYTEX Sports, LLC is a Texas limitedliability company with its principal place of business located at 8851 Ice House Drive, North

    Richland Hills, Texas 76180. NYTEX Sports, LLC may be served with process through its

    Case 4:13-cv-00865-O Document 1 Filed 10/22/13 Page 2 of 31 PageID 2

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    PLAINTIFFSORIGINAL COMPLAINT JURY DEMAND AND APPLICATION FORPRELIMINARY AND PERMANENT INJUNCTIVE RELIEF PAGE 3 OF 31

    registered agent, Frank Trazzera at 804 Meandering Woods Dr., Keller, Texas 76248 or

    wherever he may be found.

    6. Upon information and belief Defendant Texas Brahmas Youth HockeyAssociation is a Texas nonprofit corporation with its principal place of business located at 8851

    Ice House Drive, North Richland Hills, Texas 76180. Texas Brahmas Youth Hockey

    Association may be served with process through its registered agent Frank Trazzera at 8851 Ice

    House Drive, North Richland Hills, Texas 76180 or wherever he may be found.

    7. Upon information and belief, Defendant Frank Trazzera is an individual citizen ofthe State of Texas who may be served at his primary place of business, 8851 Ice House Drive,

    North Richland Hills, Texas 76180 or wherever he may be found.

    8. Upon information and belief, Defendant Salvatore Trazzera is an individualcitizen of the State of New York who may be served at his primary place of business, 470

    Woodbury Rd., Cold Spring Harbor, New York 11724 or wherever he may be found. Because

    Salvatore Trazzera engages in business in this state but does not maintain a regular place of

    business in this state or a designated agent for service of process, and because this suit arose out

    of his business in this state, he may be served through the Texas Secretary of State, John Steen,

    as his agent for service, at Secretary of State, Citations Unit, P.O. Box 12079, Austin, Texas

    78711-2079, Travis County, Texas.

    9. Upon information and belief, Defendant North American Hockey League, is aTexas nonprofit corporation with its principal place of business located at 2601 Ave. of the Stars,

    Suite 400, Frisco, Texas 75034. Defendant North American Hockey League may be served with

    process through its registered agent, Mark Frankenfeld at 2601 Ave. of the Stars, Suite 400,

    Frisco, Texas 75034 or wherever it may be found.

    10. Upon information and belief, Defendant Western States Hockey League, Inc. is aCalifornia corporation with its principal place of business located at 17602 17 th Street, Suite 102-

    Case 4:13-cv-00865-O Document 1 Filed 10/22/13 Page 3 of 31 PageID 3

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    PLAINTIFFSORIGINAL COMPLAINT JURY DEMAND AND APPLICATION FORPRELIMINARY AND PERMANENT INJUNCTIVE RELIEF PAGE 4 OF 31

    241, Tustin California 92780. Defendant Western States Hockey League, Inc. may be served

    with process through its registered agent, Ronald R. White at 17602 17 th Street, Suite 102-241,

    Tustin California 92780 or wherever he may be found.

    II.JURISDICTION AND VENUE

    11. Plaintiff brings this action pursuant to the Lanham Act, 15 U.S.C. 1050, et seq.This Court has original jurisdiction pursuant to 15 U.S.C. 1121, 28 U.S.C. 1331 and 28 U.S.C.

    1338, and has supplemental jurisdiction over all other claims asserted herein pursuant to 28

    U.S.C. 1367 due to the fact that such claims are so related to the claims in the action within the

    original jurisdiction that they form part of the same case or controversy.

    12. Personal jurisdiction exists over Defendants Lone Star Brahmas, LLC, TexasHockey Partners, LLC and NYTEX Sports, LLC in that upon information and belief said

    Defendants are Texas limited liability companies which conduct business in the State of Texas

    and within the Northern District of Texas, including maintaining offices at 8851 Ice House

    Drive, North Richland Hills, Texas 76180.

    13. Personal jurisdiction exists over Defendant Texas Brahmas Youth HockeyAssociation in that upon information and belief said Defendant is a Texas nonprofit corporation

    which conducts business in the State of Texas and within the Northern District of Texas,

    including maintaining offices at 8851 Ice House Drive, North Richland Hills, Texas 76180.

    14. Personal jurisdiction exists over Defendant Frank Trazzera in that he is anindividual resident of the State of Texas or otherwise regularly conducts business in the State of

    Texas.

    15. Personal jurisdiction exists over Defendant Salvatore Trazzera in that he hassufficient contacts with the forum as a result of business conducted within the State of Texas and

    within the Northern District of Texas, including, upon information and belief, ownership and

    Case 4:13-cv-00865-O Document 1 Filed 10/22/13 Page 4 of 31 PageID 4

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    PLAINTIFFSORIGINAL COMPLAINT JURY DEMAND AND APPLICATION FORPRELIMINARY AND PERMANENT INJUNCTIVE RELIEF PAGE 5 OF 31

    control of Defendants Lone Star Brahmas, LLC, Texas Hockey Partners, LLC and NYTEX

    Sports, LLC.

    16. Personal jurisdiction exists over Defendant North American Hockey League inthat upon information and belief it is a Texas nonprofit corporation which conducts business in

    the State of Texas and within the Northern District of Texas, including maintaining offices at

    2601 Ave. of the Stars, Suite 400, Frisco, Texas 75034.

    17. Personal jurisdiction exists over Defendant Western States Hockey League in thatit has sufficient minimal contacts with the forum as a result of business conducted within the

    State of Texas and within the Northern District of Texas.

    18. Venue is proper in this Court under 28 U.S.C. 1391 because a substantial part ofthe events or omissions giving rise to this lawsuit occurred in this Judicial District and

    Defendants are subject to personal jurisdiction within this Judicial District.

    III.

    THE PLAINTIFFS BUSINESS, THE BRAHMAS

    TRADEMARKS AND PRODUCTS/ SERVICES

    19. Since about 1999 Texas Brahmas, LP and/or its predecessors has been developingand providing high-quality hockey exhibitions and related merchandise. The Brahmas franchise

    and products have been extensively advertised locally which advertising has led to wide

    consumer recognition.

    20. Texas Brahmas, LP has owned and operated a team in the Central Hockey Leagueand/or its predecessors since 1999 (the Brahmas Hockey Club). Central Partners, LLC dba

    Central Hockey League (CHL or Central Hockey League) by reason of a license agreement

    by and between Texas Brahmas, LP and the Central Hockey League, has rights in and to the

    marks described herein. While the Brahmas Hockey Club is not fielding a team in the upcoming

    season, Plaintiffs are currently actively seeking an appropriate venue for the Brahmas Hockey

    Club and intend to return to play in the 2014-15 or 2015-2016 season.

    Case 4:13-cv-00865-O Document 1 Filed 10/22/13 Page 5 of 31 PageID 5

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    PLAINTIFFSORIGINAL COMPLAINT JURY DEMAND AND APPLICATION FORPRELIMINARY AND PERMANENT INJUNCTIVE RELIEF PAGE 6 OF 31

    21. The Texas Brahmas, L.P. has expended substantial time, money and otherresources in developing, advertising and otherwise promoting the legally-protected trademarks,

    trade dresses and design elements which they use on or in connection with the advertisement and

    sale of their services and products. As a result, services and products bearing the herein

    described marks are widely recognized and exclusively associated by consumers, the public, and

    the trade as being high quality services and products sourced from Plaintiffs, and have acquired

    strong secondary meaning.

    22. Plaintiff has marketed and sold its Brahmas services and products throughout theUnited States. In connection with these efforts Plaintiff Texas Brahmas, LP owns and operates

    an internet website under the domain name www.brahmas.com.

    23. Texas Brahmas, LP is the owner of the federally registered mark TEXASBRAHMAS, Registration Number 3,517,233 for the goods/services Entertainment services,

    namely, providing professional ice hockey exhibitions and other related sports exhibitions in

    International Class 41 which was registered on October 14, 2008.

    24. Texas Brahmas, LP is the owner of the federally registered mark FORT WORTHBRAHMAS, Registration Number 2,707,709 for the goods/services trading cards, posters,

    magazines and books regarding hockey, postcards, calendars, wrapping paper, paper gift boxes,

    paper stickers, paper napkins, paper towels, poster books, notepads, paper hats, greeting cards

    and student planners in International Class 16 which was registered on April 15, 2003.

    25. Texas Brahmas, LP is the owner of the federally registered mark FORT WORTHBRAHMAS, Registration Number 2,707,710 for the goods/services stuffed toy animals, hockey

    pucks, hockey goals, hockey targets, hockey sticks, mini goalie masks, mini toy vehicles,

    namely, model ice rink resurfacers, toy banks, board games and in-line skates in International

    Class 28 which was registered on April 15, 2003.

    Case 4:13-cv-00865-O Document 1 Filed 10/22/13 Page 6 of 31 PageID 6

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    PLAINTIFFSORIGINAL COMPLAINT JURY DEMAND AND APPLICATION FORPRELIMINARY AND PERMANENT INJUNCTIVE RELIEF PAGE 7 OF 31

    26. Texas Brahmas, LP also owns common law marks, including, among othersTEXAS BRAHMAS, FORT WORTH BRAHMAS, BRAHMAS, a stylized mark comprised of a

    stylized bull over the stylized word BRAHMAS depicted as: , a stylized mark

    comprised of a stylized bull with a hockey stick over the stylized word BRAHMAS with

    FORT WORTH in a banner over the stylized bull with a hockey stick, depicted as:

    , a stylized mark comprised of a stylized bull depicted as: and a

    stylized mark comprised of the stylized word Texas with the upper portion of the T in

    Texas forming bulls horns with the word BRAHMAS in a banner underneath the stylized

    Texas depicted as: used in connection with ice hockey exhibitions and

    hockey related products. (See Appendix in Support of Plaintiffs Motion/Application for

    Preliminary Injunctive Relief [hereinafter Appx.] at p. 4-6, 10, and Appx. p. 25, 26, 27, 28,

    29, 30, 31). The federally registered TEXAS BRAHMAS Registration Number 3,517,233,

    FORT WORTH BRAHMAS, Registration Number 2,707,709, FORT WORTH BRAHMAS,

    Registration Number 2,707,710 and the common law marks described herein are hereinafter

    referred to collectively as the Brahmas Marks.

    27. FORT WORTH BRAHMAS Registration Number 2,707,709 and FORTWORTH BRAHMAS Registration Number 2,707,710 (hereinafter referred to collectively as the

    (FORT WORTH BRAHMAS Marks) have become incontestable and are conclusive evidence

    of the validity of the FORT WORTH BRAHMAS Marks, the registration of the FORT WORTH

    Case 4:13-cv-00865-O Document 1 Filed 10/22/13 Page 7 of 31 PageID 7

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    PLAINTIFFSORIGINAL COMPLAINT JURY DEMAND AND APPLICATION FORPRELIMINARY AND PERMANENT INJUNCTIVE RELIEF PAGE 8 OF 31

    BRAHMAS Marks, Plaintiffs ownership of the FORT WORTH BRAHMAS Marks, and of its

    exclusive right to use the FORT WORTH BRAHMAS Marks in commerce on or in connection

    with the goods and/or services specified in the registrations.

    28. Defendants have no license, authority or other permission to use any of theBrahmas marks including the federally registered TEXAS BRAHMAS and FORT WORTH

    BRAHMAS trademarks and/or the marks: TEXAS BRAHMAS and/or FORT WORTH

    BRAHMAS and/or BRAHMAS and/or and/or and/or

    and/or .

    IV.

    FACTUAL OVERVIEW AND DEFENDANTS UNLAWFUL CONDUCT

    29. Defendants entire business model is predicated upon the unauthorized and willfulexploitation and infringement of the Brahmas Marks.

    30. The fact that Defendants are using the Brahmas Marks with the intent to causeconfusion and/or to cause mistake and/or to deceive is demonstrated by, among other things,

    Defendants relationship with PlaintiffTexas Brahmas, LP.

    31. Defendant NYTEX Sports, LLC is a limited partner of Plaintiff Texas Brahmas,LP. Upon information and belief Defendants Lone Star Brahmas, LLC, Texas Hockey Partners,

    LLC and NYTEX Sports, LLC are Texas limited liability companies owned and controlled by

    Defendants Frank Trazzera and Salvatore Trazzera.

    Case 4:13-cv-00865-O Document 1 Filed 10/22/13 Page 8 of 31 PageID 8

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    PLAINTIFFSORIGINAL COMPLAINT JURY DEMAND AND APPLICATION FORPRELIMINARY AND PERMANENT INJUNCTIVE RELIEF PAGE 9 OF 31

    32. Upon information and belief, Defendants Frank Trazzera and Salvatore Trazzeraare individuals who are and have been doing business in their individual and corporate capacity

    and hold themselves out to the public as the owners ofand/or as the owners and/or operators of

    or in concert with Defendants Lone Star Brahmas, LLC and/or Texas Hockey Partners, LLC

    and/or NYTEX Sports, LLC, and are individually, contributorily and vicariously liable for the

    infringing activities described herein.

    33. Upon information and belief, at all relevant times, Defendants Frank Trazzeraand/or Salvatore Trazzera personally participated in and/or had the ability and right to supervise,

    direct, and control the infringing activities of Defendants Lone Star Brahmas, LLC and/or Texas

    Hockey Partners, LLC and/or NYTEX Sports, LLC and/or Texas Brahmas Youth Hockey

    Association alleged herein and are individually, contributorily and vicariously liable for the

    infringing activities described herein.

    34. Upon information and belief, Defendants Frank Trazzera and Salvatore Trazzeraderived direct financial benefits from the infringing activities alleged herein and are individually,

    contributorily and vicariously liable for the infringing activities described herein.

    35. For the period from April 30, 2007 through May 31, 2008 NYTEX HockeyManagement, LLC, upon information and belief a Texas limited liability company owned

    operated and controlled by Defendants NYTEX Sports, LLC, Frank Trazzerra and Salvatore

    Trazzera managed the Brahmas Hockey Club pursuant to a management agreement by and

    between Texas Brahmas, LP and NYTEX Hockey Management, LLC.

    36. For several years the Brahmas Hockey Club played its home games at theNYTEX Sports Centre located at 8851 Ice House Dr. North Richland Hills, Texas 76180. Upon

    information and belief, NYTEX Sports Centre is owned and operated by Defendant NYTEX

    Sports, LLC.

    Case 4:13-cv-00865-O Document 1 Filed 10/22/13 Page 9 of 31 PageID 9

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    PLAINTIFFSORIGINAL COMPLAINT JURY DEMAND AND APPLICATION FORPRELIMINARY AND PERMANENT INJUNCTIVE RELIEF PAGE 10 OF 31

    37. In connection with its ownership and operation of the Brahmas Hockey Club inthe Central Hockey League Plaintiff Texas Brahmas, LP by agreement had granted permission to

    junior teams and/or programs to use the Brahmas name and logo (JuniorBrahmas Programs).

    From 2001 through 2006 Plaintiff Texas Brahmas, LP by agreement granted the Cowtown

    Amateur Hockey Association permission to use the Brahmas name and logo for its

    youth/amateur hockey program. In 2007 the Junior Brahmas Programs continued at NYTEX

    Sports Centre located at 8851 Ice House Dr. North Richland Hills, Texas 76180. Upon

    information and belief, NYTEX Sports Centre is owned and operated by Defendant NYTEX

    Sports, LLC. On or about 2008 the amateur hockey association at the NYTEX Sports Centre

    was established as the Texas Brahmas Amateur Hockey Association, which association, upon

    information and belief, is under the control of Defendants NYTEX Sports, LLC, Frank Trazerra

    and Salvatore Trazerra. As with the Cowtown Amateur Hockey Association, the Texas Brahmas

    Amateur Hockey Association was permitted, under the direction and control of Plaintiff Texas

    Brahmas, LP to use the Brahmas name and logo in connection with the Junior Brahmas

    Programs.

    38. When it became apparent that Defendants were planning on and intending to ownand operate a team in Defendant North American Hockey League, Plaintiff Texas Brahmas, LP,

    on or about July 27, 2013 informed Defendants NYTEX Sports, LLC, Frank Trazerra and

    Salvatore Trazerra that they no longer had any permission or authorization to use any of the

    Brahmas Marks and should cease and desist any and all use of any of the Brahmas Marks and

    refrain from any further use of any of the Brahmas Marks.

    39. Demand has been made upon Defendants that they cease and desist using any ofthe Brahmas Marks and/or marks confusingly similar to any ofthe Brahmas Marks.

    40. Plaintiff Texas Brahmas, LP confidential proprietary information was and uponinformation and belief, remains on a server and several laptop computers/hard drives owned and

    Case 4:13-cv-00865-O Document 1 Filed 10/22/13 Page 10 of 31 PageID 10

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    PLAINTIFFSORIGINAL COMPLAINT JURY DEMAND AND APPLICATION FORPRELIMINARY AND PERMANENT INJUNCTIVE RELIEF PAGE 11 OF 31

    controlled by Defendant NYTEX Sports, LLC. Specifically, financial information, season ticket

    lists, sponsor lists, marketing materials, sponsorship proposals and contracts, vendor contracts

    and Plaintiff Texas Brahmas, LPs Telemagic database(Proprietary Materials).

    41. Plaintiff Texas Brahmas, LP has demanded that Defendant NYTEX Sports, LLCtransfer all such Proprietary Materials to Plaintiff Texas Brahmas, LP and that any electronic or

    hard copies of any of Plaintiff Texas Brahmas, LPs Proprietary Materials in Defendants

    possession be permanently deleted or destroyed and that Defendants not make any use of such

    Proprietary Materials.

    42.

    Upon information and belief, in June of 2013 Defendant Texas Hockey Partners,

    LLC was formed. In July of 2013 Defendant North American Hockey League announced that its

    Texas Tornado membership had been sold to Texas Hockey Partners, LLC and will become the

    Lone Star Brahmas. According to the NAHL press release Defendant Texas Hockey Partners,

    LLC is owned by Defendants Frank Trazzera and Salvatore Trazzera.

    43. Upon information and belief Defendants Lone Star Brahmas, LLC, Texas HockeyPartners, LLC, NYTEX Sports, LLC, Texas Brahmas Youth Hockey Association, Frank Trazerra

    and Salvatore Trazerra are making use of the Texas Brahmas, LP Proprietary Materials.

    44. Despite the fact that Defendants have no license, authority or other permission touse any ofthe Brahmas Marks and have no legitimate interest or rights regarding the use of any

    of the Brahmas Marks, in furtherance of their business Defendants have begun to employ

    numerous infringing marks, in particular TEXAS BRAHMAS LONE STAR BRAHMAS

    JR. BRAHMAS JUNIOR BRAHMAS, , ,

    Case 4:13-cv-00865-O Document 1 Filed 10/22/13 Page 11 of 31 PageID 11

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    PLAINTIFFSORIGINAL COMPLAINT JURY DEMAND AND APPLICATION FORPRELIMINARY AND PERMANENT INJUNCTIVE RELIEF PAGE 12 OF 31

    , , , and . Set

    forth below is a comparison of the Brahmas Marks and the infringing marks being used by

    Defendants:

    Plaintiffs Marks Infringing Marks Used by Defendants

    TEXAS BRAHMAS(Reg. No. 3,517,233)

    TEXAS BRAHMAS

    FORT WORTH BRAHMAS(Reg. No. 2,707,709)

    FORT WORTH BRAHMAS(Reg. No. 2,707,710)

    FORT WORTH BRAHMAS

    BRAHMAS

    TEXAS BRAHMAS

    LONE STAR BRAHMAS

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    PLAINTIFFSORIGINAL COMPLAINT JURY DEMAND AND APPLICATION FORPRELIMINARY AND PERMANENT INJUNCTIVE RELIEF PAGE 13 OF 31

    See Appx. p. 11-14 at 22(a)(k).

    45. Despite the fact that Defendants have no license, authority or other permission touse any ofthe Brahmas Marks and have no legitimate interest or rights regarding the use of any

    of the Brahmas Marks, Defendants employ the domains

    www.lonestarbrahmas.pointstreaksites.com, www.brahmaland.com, and www.jrbrahmas.com

    which incorporate Plaintiffs federally registered trademarks as part of their scheme to divert

    consumers seeking genuine Texas Brahmas products and/or services to their multiple

    commercial websites where Defendants promote, market and sell their competing products and

    services.

    46. Upon information and belief Defendants have made use of and continue to makeuse of Plaintiff Texas Brahmas, LPs Proprietary Materials, including season ticket lists,

    marketing information and sponsorship information in order to promote, market and sell their

    competing products and/or services.

    47. Defendants have no license, authority or other permission to use any of theBrahmas Marks including the federally registered TEXAS BRAHMAS and FORT WORTH

    BRAHMAS trademarks and/or the marks: TEXAS BRAHMAS and/or FORT WORTH

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    PLAINTIFFSORIGINAL COMPLAINT JURY DEMAND AND APPLICATION FORPRELIMINARY AND PERMANENT INJUNCTIVE RELIEF PAGE 14 OF 31

    BRAHMAS and/or BRAHMAS and/or and/or

    .

    48. Defendants past history with Plaintiffs leaves no doubt that, with respect toconduct complained of herein, Defendants have acted knowingly, willfully, deliberately and in

    bad faith. Defendants have intentionally sought to cause confusion, to cause mistake and/or to

    deceive.

    49. Defendants have been informed they have no express or implied license orauthority or permission to use the Brahmas Marks including the TEXAS BRAHMAS, FORT

    WORTH BRAHMAS Marks and the stylized mark comprised of a stylized bull over

    BRAHMAS. Multiple demands have been made upon Defendants to cease and desist from

    using the Brahmas Marks and/or confusingly similar marks in any manner. Despite numerous

    demands Defendants refuse to cease the use of the Brahmas Marks and/or marks confusingly

    similar to the Brahmas Marks and continue their unlawful conduct and have been, and currently

    are promoting and advertising their goods and/or services directly in the Tarrant County, Texas

    area, including but not limited to the following:

    a. Established a new webpage (www.lonestarbrahmas.pointstreaksites.com) whichprominently displays and uses infringing such as a stylized bull and the wording

    Lone Star Brahmas, Lone Star Brahmas. The website contains links to the

    Lone Star Brahmas facebook and twitter pages. See screenshot of Lonestar

    Brahmas home page, www.lonestarbrahmas.pointstreaksites.com attached as

    Exhibit 8 to Barack Declartion. Clicking on the TICKETS on the menu bar

    opens a page where information regarding ticket pricing can be found and tickets

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    PLAINTIFFSORIGINAL COMPLAINT JURY DEMAND AND APPLICATION FORPRELIMINARY AND PERMANENT INJUNCTIVE RELIEF PAGE 15 OF 31

    can be purchased and a Season Ticket Order Form for LONE STAR BRAHMAS

    HOCKEY CLUB can be downloaded. See Appx. p. 14 at 23(a).

    b. A Twitter account ( https://twitter.com/lonestarbrahmas) which utilizes the marks

    Lone Star Brahmas and . Also accessible from the twitter

    account under Photos and videos are depictions of the team jerseys bearing the

    stylized bull from Plaintiffs Marks and :

    See Appx. p. 15 at 23(b).

    c. A Facebook page (https://www.facebook.com/lonestarbrahmas) which utilizes

    the marks Lone Star Brahmas and . The Facebook page also

    links to the Lone Star Brahmas webpage. See Appx. p. 15 at 23(c) and Appx. p.

    95 - printout of Lone Star Brahmas Facebook page,

    https://www.facebook.com/lonestarbrahmas attached as Exhibit 35 to Barack

    Declaration.

    d. A webpage for Junior Brahmas/Texas Brahmas Youth Hockey Association(http://www.jrbrahmas.com) which utilizes the marks Junior Brahmas Texas

    Brahmas Youth Hockey Association

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    PLAINTIFFSORIGINAL COMPLAINT JURY DEMAND AND APPLICATION FORPRELIMINARY AND PERMANENT INJUNCTIVE RELIEF PAGE 16 OF 31

    . See Appx. p. 16 at 23(d). Clicking on

    Forms under the Related Pages menu on the left side of the page opens a

    Document Finder page. (See Id. - screenshot of Document Finder page from

    the Junior Brahmas webpage attached as Exhibit 36 to Barack Declaration). The

    first linked pdf document is Midget Minor Tryout Registration which when

    clicked opens a pdf Jr Brahmas Try Out form which includes the Plaintiffs mark

    . See Appx. p. 16 at 23(d). The second linked pdf document is

    Scholarship Application & Guidelines which when clicked opens the pdf

    document which includes the mark which is simply Plaintiffs

    mark with purple replacing the blue used by Plaintiffs. (See

    Appx. p. 16 at 23(d)). The third linked pdf document is Brahmas Billet

    Handbook which when clicked opens the pdfdocument which includes Texas

    Brahmas and discusses the mission and purpose of the Texas Brahmas

    Hockey Club. (See Appx. p. 16 at 23(d)).

    e. The NYTEX Sports webpage (http://www.nytexsports.com) which prominentlystates on the top of the homepage Home of Texas Brahmas Hockey under

    NYTEX SPORTS CENTRE and below which are displayed the marks

    and . (See Appx. p. 16-17 at 23(e)).

    Clicking on the Ice Hockey Hockey Programs menu leads to a page with

    links to the Lone Star Brahmas webpage

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    (www.lonestarbrahmas.pointstreaksites.com), the Jr. Brahmas webpage

    (http://www.jrbrahmas.com).

    f. The North American Hockey League webpage (http://nahl.com) which lists theLone Star Brahmas as one of the teams in the league. (See Appx. p. 17 at 23(f)).

    Clicking either on the Lone Star Brahmas logo or selecting the Lone Star

    Brahmas from the Teams drop down menu leads to a page for Lone Star

    Brahmas displaying the mark: , providing contact information

    and providing a link (lonestarbrahmas.com) which opens the Lone Star

    Brahmas website (www.lonestarbrahmas.pointstreaksites.com). (See Appx. p. 17

    at 23(f)). The Lone Star Brahmas team page on the North American Hockey

    League website also links to Recent News articles: Texas Hockey Partners

    purchase and relocate Texas Tornado membership, Wildfong named head coach

    of the NAHLs Lone Star Brahmas, Brahmas to select team this weekend, 24

    teams in 24 days: Lone Star Brahmas. Brahmas split pair of weekend

    exhibition games with Odessa. (See Appx. p. 17-18 at 23(f)).

    g. The Western States Hockey Leagues webpage (http://wshl.org) which on itshomepage references in its League Headlines, the Texas Brahmas (See Appx.

    p. 18 at 23(g) - screenshot of Western States Hockey League homepage attached

    as Exhibit 26 to Barack Declaration). Clicking on the Texas Brahmas 2013-

    2014 Season Preview link on the Western States Hockey League homepage

    opens another page, Texas Brahmas 2013-2014 Season Preview

    (http://wshl.org/2013/08/30/texas-brahmas-2013-2014-season-preview/) which

    includes among other things, includes numerous references to the Texas

    Brahmas and Brahmas and references the fact that the Texas Brahmas are

    now sharing their facility with a Tier II North American Hockey League team by

    the same name (See Appx. p. 18 at 23(g)).

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    V.

    CAUSES OF ACTION

    COUNT ONE

    Trademark InfringementLanham Act 32(a), 15 U.S.C. 1114

    50. Plaintiffs hereby reallege and hereby incorporate by reference the allegations ofparagraphs 1 - 49 of this Original Complaint as if fully set forth herein.

    51. This claim for relief is brought pursuant to 32 of the Federal Lanham Act, 15U.S.C. 1114(1) for infringement.

    52. Defendants use ofthe Brahmas Marks, including the Brahmas Marks in domainnames which are identical to and/or confusingly similar to the Brahmas Marks, use of the

    Brahmas Marks and/or marks confusingly similar to the Brahmas Marks in association with the

    products and/or services Defendants sell constitutes the reproduction, counterfeiting, copying or

    colorable imitating of a registered mark and application of such reproduction, counterfeit, copy

    or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements

    intended to be used in commerce upon or in connection with the sale, offering for sale,

    distribution, or advertising of goods on or in connection with which is likely to cause confusion,

    or to cause mistake or to deceive.

    53. Defendants, upon information and belief, have committed and are committingthese acts with knowledge and intent to cause confusion, to cause mistake and/or to deceive and

    with knowledge that such imitation is intended to be used to cause confusion, or to cause

    mistake, or to deceive.

    54. Upon information and belief, Defendants unlawful conduct as set forth herein hasbeen and continues to be willful, deliberate and in bad faith.

    55. Defendants, by virtue of their actions described above, have caused and are likelyto continue causing Plaintiffs to suffer irreparable injury. Remedies available at law, such as

    monetary damages, are inadequate to compensate for that injury. Considering the balance of

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    hardships between Plaintiffs and Defendants, a remedy in equity is warranted. Public interest

    would not be disserved by a preliminary and permanent injunction.

    56. Pursuant to 15 U.S.C. 1117, Plaintiffs are also entitled to recover (i) Defendantsprofits, (ii) Plaintiffs ascertainable damages, (iii) Plaintiffs costs of suit, and (iv) treble damages

    according to law. Defendants willful use of the Brahmas Marks is without excuse or

    justification and renders this an exceptional case and entitles Plaintiffs to their reasonable

    attorneys fees.

    COUNT TWO

    False Designation of Origin /False Descriptions

    Lanham Act 43(a)&(b); 15 U.S.C. 1125(a)(1)(A)&(B)

    57. Plaintiffs hereby reallege and hereby incorporate by reference the allegations ofparagraphs 1 - 49 of this Original Complaint as if fully set forth herein.

    58. This claim for relief is brought pursuant to 43(a) & (b) of the Federal LanhamAct, 15 U.S.C. 1125(a)(1)(A) & (B) for false designation of origin and false descriptions.

    59. Defendants promotion, advertising, distribution, sale, and/or offering for sale oftheir products and/or services as described herein, and in particular their products and/or services

    which are directly competitive with Plaintiffs products and/or services through and/or linked to

    websites whose domain names incorporate the Brahmas Marks and/or are confusingly similar to

    the BrahmasMarks together with Defendants unauthorized use of the Brahmas Marks and/or

    marks confusingly similar to the Brahmas Marks is intended, and is likely to confuse, mislead,

    or deceive consumers, the public, and the trade as to the origin, source, sponsorship, or affiliation

    of the Defendants products and/or services, and is intended, and is likely to cause such parties to

    believe in error that the Defendants products and/or services have been authorized, sponsored,

    approved, endorsed or licensed by Plaintiffs, or that Defendants are in some way affiliated with

    Plaintiffs.

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    60. Furthermore, Defendants, in promoting, advertising, distributing, selling andoffering for sale their competing products and/or services as described herein, have been and are

    also misrepresenting the nature, characteristics, and quality of their own products and/or services

    by, among other things, falsely and fraudulently implying approval, association or sponsorship

    by Plaintiffs thereby deceiving the general public and the consumers.

    61. The foregoing acts of Defendants constitute a false designation of origin, andfalse and misleading descriptions and representations of fact, all in violation of 43(a) & (b) of

    the Federal Lanham Act, 15 U.S.C. 1125(a)(1)(A) & (B).

    62.

    Upon information and belief, Defendants unlawful conduct as set forth herein has

    been and continues to be willful, deliberate and in bad faith.

    63. Defendants, by virtue of their actions described above, have caused and are likelyto continue causing Plaintiffs to suffer irreparable injury. Remedies available at law, such as

    monetary damages, are inadequate to compensate for that injury. Considering the balance of

    hardships between Plaintiffs and Defendants, a remedy in equity is warranted. Public interest

    would not be disserved by a preliminary and permanent injunction.

    64. Pursuant to 15 U.S.C. 1117, Plaintiffs are also entitled to recover (i) Defendantsprofits, (ii) Plaintiffs ascertainable damages, (iii) Plaintiffs costs of suit, and (iv) treble damages

    according to law. Defendants willful use of the Brahmas Marks is without excuse or

    justification and renders this an exceptional case and entitles Plaintiffs to their reasonable

    attorneys fees.

    COUNT THREE

    Cyber Piracy Pursuant to Lanham Act - 43(d), 15 U.S.C. 1125(d)

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    65. Plaintiffs hereby reallege and hereby incorporate by reference the allegations ofparagraphs 1 - 49 of this Original Complaint as if fully set forth herein.

    66. Defendants have registered, trafficked in, and/or used a domain name that wasdistinctive and/or famous at the time of registration of the domain name, and was identical to,

    confusingly similar to, or dilutive ofthe Brahmas Marks

    67. The lonestarbrahmas.pointstreaksites.com, brahmaland.com, and jrbrahmas.comdomain names that Defendants have registered and/or use incorporate the Brahmas Marks and

    are confusingly similar to the Brahmas Marks which were distinctive and/or famous at the time

    Defendants registered the lonestarbrahmaspointstreaksites.com, brahmaland.com, and

    jrbrahmas.com domain names.

    68. Defendants have registered and/or use the lonestarbrahmas.com, brahmaland.com,andjrbrahmas.com domain names with a bad faith intent to profit from Plaintiffs Marks.

    69. By registering and/or using the lonestarbrahmas.pointstreaksites.com,brahmaland.com, and jrbrahmas.com domain names, Defendants intended to divert consumers

    away from Plaintiffs and legitimate authorized distributors of Plaintiffs products and/or services

    and divert those consumers to Defendants websites for commercial gain by creating a likelihood

    of confusion as to the source, sponsorship, affiliation or endorsement ofDefendants websites in

    a manner that harms the goodwill represented by the Brahmas Marks.

    70. Plaintiffs have no adequate remedy at law that will compensate for the continuedand irreparable harm that will be caused if Defendants acts are allowed to contin ue, and are thus

    entitled to both a preliminary and permanent injunction.

    71. Pursuant to 15 U.S.C. 1125(d)(1)(C), the Court should order the transfer of theregistration of the domain names lonestarbrahmas.pointstreaksites.com, brahmaland.com, and

    jrbrahmas.com to Plaintiffs. Alternatively, pursuant to 15 U.S.C. 1125(d)(1)(C), the Court

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    should order the forfeiture or cancellation of the domain names

    lonestarbrahmas.pointstreaksites.com, brahmaland.com, and jrbrahmas.com.

    72. Plaintiffs are entitled to an injunction preventing Defendants from using orholding or controlling the internet domain names lonestarbrahmas.com, brahmaland.com, and

    jrbrahmas.com to anyone but Plaintiffs and ordering Defendants to transfer the domain names

    lonestarbrahmas.pointstreaksites.com, brahmaland.com, and jrbrahmas.com and any other

    domain names Defendants have registered or caused to be registered or which Defendants

    control containing any ofthe Brahmas Marks to Plaintiffs.

    73.

    Pursuant to 15 U.S.C. 1117(a) and 15 U.S.C. 1125(d)(1), Plaintiffs are entitled

    to damages and Defendants profits with respect to the registration and maintenance of the

    domain names lonestarbrahmas.pointstreaksites.com, brahmaland.com, and jrbrahmas.com and

    any other domain names Defendants have registered or caused to be registered or which

    Defendants control containing any ofthe Brahmas Marks.

    74. As an alternative to its actual damages, Plaintiffs are entitled to recover statutorydamages in an amount up $300,000.00 and not less than $3,000.00 due to Defend ants

    registration and use of the domain names lonestarbrahmas.com, brahmaland.com, and

    jrbrahmas.com as well as Plaintiffs attorneys fees and costs.

    COUNT FOURCommon Law Trademark Infringement

    75. Plaintiffs hereby reallege and hereby incorporate by reference the allegations ofparagraphs 1 - 49 of this Original Complaint as if fully set forth herein.

    76. Plaintiffs own all rights, title and interest in and to the Brahmas Marks, includingall common law rights in such marks.

    77. Defendants, without authorization or permission from Plaintiffs have used and arecontinuing to use marks that are identical to and/or confusingly similar to the Brahmas Marks.

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    78. Defendants unauthorized use of the Brahmas Marks and/or marks confusinglysimilar to the Brahmas Marks is intended, and is likely to confuse, mislead, or deceive

    consumers, the public, and the trade as to the origin, source, sponsorship, or affiliation of the

    Defendants products and/or services, and is intended, and is likely to cause such parties to

    believe in error that the Defendants products and/or services have been authorized, sponsored,

    approved, endorsed or licensed by Plaintiffs, or that Defendants are in some way affiliated with

    Plaintiffs.

    79. Defendants, upon information and belief, have committed and are committingthese acts with knowledge and intent to cause confusion, to cause mistake and/or to deceive and

    with knowledge that such imitation is intended to be used to cause confusion, or to cause

    mistake, or to deceive.

    80. Upon information andbelief, Defendants unlawful conduct as set forth herein hasbeen and continues to be willful, deliberate and in bad faith.

    81. Defendants, by virtue of their actions described above, have caused and are likelyto continue causing Plaintiffs to suffer irreparable injury. Remedies available at law, such as

    monetary damages, are inadequate to compensate for that injury. Considering the balance of

    hardships between Plaintiffs and Defendants, a remedy in equity is warranted. Public interest

    would not be disserved by a permanent injunction.

    82. Plaintiffs are also entitled to recover (i) Defendants profits, (ii) Plaintiffsascertainable damages, (iii) Plaintiffs costs of suit, and (iv) exemplary damages according to

    law.

    COUNT FIVE

    Misappropriation and Unfair Competition

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    83. Plaintiffs hereby reallege and hereby incorporate by reference the allegations ofparagraphs 1 - 49 of this Original Complaint as if fully set forth herein.

    84. The foregoing acts of Defendants permit Defendants to use and benefit from thegoodwill and reputation earned by Plaintiffs and obtain a ready customer acceptance of

    Defendants products and/or services, and constitutes unfair competition, pawning off, and

    misappropriation in violation of Texas common law, for which Plaintiffs are entitled to recover

    any and all remedies provided by such common law.

    85. Upon information and belief, Defendants have made and will continue to makeprofits and gains to which they are not entitled.

    86. Upon information and belief, Defendants intend to continue their infringing actsunless restrained by the Court.

    87. Defendants acts have damaged and will continue to damage Plaintiffs andPlaintiffs have no adequate remedy at law.

    COUNT SIX

    Unjust Enrichment

    88. Plaintiffs hereby reallege and hereby incorporate by reference the allegations ofparagraphs 1 - 49 of this Original Complaint as if fully set forth herein.

    89. By reason of the foregoing, Defendants have unjustly enriched themselves andcontinue to do so, in an unknown amount.

    90. Plaintiffs are entitled to just compensation (including restitution of benefitsunjustly received) under the common law of the State of Texas.

    VI.

    APPLICATION FOR PRELIMINARY INJUNCTION

    AND PERMANENT INJUNCTION

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    91. Plaintiffs hereby reallege and hereby incorporate by reference the allegations ofparagraphs 1 - 49 of this Original Complaint as if fully set forth herein.

    92. Plaintiffs seek a preliminary injunction pursuant to Federal Rule of CivilProcedure 65 and 15 U.S.C. 1116 to enjoin Defendants their officers, agents, servants,

    employees, attorneys, confederates, and all persons acting for, with, by, through, under or in

    active concert and participation with them from using any of the Brahmas Marks and

    Proprietary Materials.

    93. As a direct and proximate result of Defendants unauthorized activities asdescribed herein Plaintiffs have suffered and will continue to suffer immediate and irreparable

    harm through the loss of goodwill, business opportunities and protection of the Brahmas Hockey

    Club franchise and business. The extent of the infringement by Defendants cannot be accurately

    measured in dollars and cents but the actual damage to Plaintiffs and the Brahmas Marks is

    substantial.

    94. Furthermore, there is a substantial likelihood that Plaintiffs will prevail on themerits. Defendants have no license, authority or other permission to use any of the Brahmas

    Marks, including the federally registered TEXAS BRAHMAS and FORT WORTH BRAHMAS

    trademarks and/or the marks TEXAS BRAHMAS, and/or FORT WORTH BRAHMAS and/or

    BRAHMAS and/or and/or and/or and their

    actions to date, especially their continued use of the Brahmas Marks and/or marks confusingly

    similar to the Brahmas Marks and Plaintiff Texas Brahmas, LPs Proprietary Materials despite

    notice of the unlawfulness of their conduct constitutes intentional violations of the Lanham Act

    and Texas statutory and common law.

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    95. If the Court does not grant a preliminary injunction, Defendants will continuetheir unlawful activities which infringe upon Plaintiffs protected intellectual property. Plaintiffs

    will continue to suffer irreparable injury if the Court does not enjoin Defendants from the

    unauthorized use of the Brahmas Marks and/or marks confusingly similar to the Brahmas

    Marks and Plaintiff Texas Brahmas, LPs Proprietary Materials because actual confusion in the

    market is occurring and will continue to occur.

    96. Defendants will not suffer undue hardship or loss as a result of the issuance of apreliminary injunction. Defendants can simply conduct their business without the use of the

    Brahmas Marks and/or marks confusingly similar to the Brahmas Marks and Plaintiff Texas

    Brahmas, LPs Proprietary Materials.

    97. Issuance of a preliminary injunction would not adversely affect the public interestbecause it will eliminate the confusion that exists in the marketplace and minimize future

    confusion.

    98. Plaintiffs ask the Court to set its application for preliminary injunction for hearingat the earliest possible time and after hearing the request issue a preliminary injunction against

    the Defendants in the manner specified below.

    99. Further, Plaintiffs ask the Court to set its application for permanent injunctiverelief for a full trial on the issues in this application and after the trial to issue a permanent

    injunction against the Defendants in the manner specified below.

    100. Plaintiffs request that the Court find that no bond is necessary for facilitating theinjunctive relief requested herein.

    VII.

    CONDITIONS PRECEDENT

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    101. All conditions precedent have been performed or have occurred or have beenwaived.

    VIII.

    JURY DEMAND

    102. In accordance with Federal Rules of Civil Procedure 38 and 39, Plaintiffs asserttheir right under the Seventh Amendment to the United States Constitution and demands a trial

    by jury on all issues so triable.

    PRAYER FOR RELIEF

    Plaintiffs The Texas Brahmas, L.P. and Central Hockey Partners, LLC dba the Central

    Hockey League respectfully request that judgment be entered in their favor on all claims against

    Defendants, and that the Court enter an order containing the following relief:

    1. That Defendants, their officers, agents, servants, employees, attorneys,confederates, and all persons acting for, with, by, through, under or in active concert and

    participation with them, and each of them who receives notice directly or otherwise of such

    injunctions, be temporarily, preliminarily and permanently enjoined and restrained from:

    a. using any of the Brahmas Marks, including the marks: TEXAS BRAHMAS,Reg. No. 3,517,233; FORT WORTH BRAHMAS, Reg. Nos. 2,707,709; FORT

    WORTH BRAHMAS, Reg. No. 2,707,710; TEXAS BRAHMAS; FORT

    WORTH BRAHMAS; BRAHMAS; ; ;

    and/or or any reproductions, counterfeit copy or

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    colorable imitation thereof or any mark confusingly similar thereto in any manner

    in connection with the distribution, advertising, offering for sale, or sale of any

    product and/or service not authorized by Plaintiffs to be distributed, advertised,

    offered and/or sold in connection with any ofthe Brahmas Marks;

    b. committing any acts calculated to cause consumers to believe that Defendantsproducts and/or services are those sold under the authorization, control or

    supervision of Plaintiffs, or sponsored or approved by, or connected or associated

    with Plaintiffs;

    c.

    further infringing the Brahmas Marks and damaging Plaintiffs goodwill and/or

    engaging in any activity that will cause the distinctiveness of any of the Brahmas

    Marks to be diluted;

    d. engaging in any other activity constituting unfair competition with Plaintiffs oracts and practices that deceive consumers, the public, and/or trade including

    without limitation the use of any of the Brahmas Marks and/or any

    reproductions, counterfeit copy or colorable imitation thereof or any mark

    confusingly similar thereto and/or Plaintiff Texas Brahmas, LPs Proprietary

    Materials or otherwise competing unfairly with Plaintiffs in any manner;

    e. shipping, delivering, holding for sale, transferring or otherwise moving, storing,distributing, returning, or otherwise disposing of, in any manner, products or

    inventory not manufactured by or for Plaintiffs, nor authorized by Plaintiffs to be

    sold or offered for sale, and which bear any of the Brahmas Marks or any

    reproductions, counterfeit copy or colorable imitation thereof;

    f. using any of the Brahmas Marks and/or any reproductions, counterfeit copy orcolorable imitation thereof or any mark confusingly similar thereto and/or

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    Plaintiff Texas Brahmas, LPs Proprietary Materials in any way or manner to

    open, operate, support, or maintain any hockey team or organization;

    g. utilizing advertising, promotional or marketing materials (including vianewspapers, magazines, newsletters, the internet, television, radio and any other

    mediums), websites, blogs, online links to other websites, direct mailings and/or

    emailing, Twitter accounts, Facebook pages or business cards (collectively

    Promotional Materials) that in any way or manner indicate to the public that

    any of the Defendants uses of any of the Brahmas Marks and/or any

    reproductions, counterfeit copy or colorable imitation thereof or any mark

    confusingly similar thereto and/or Plaintiff Texas Brahmas, LPs Proprietary

    Materials is/are licensed, authorized, endorsed and/or permitted or that any of the

    Defendants is in some way affiliated with, associated with and/or sponsored by

    Plaintiffs;

    h. using, linking, transferring, selling, exercising control over or otherwise owningthe infringing domain names lonestarbrahmas.com, brahmaland.com, and

    jrbrahmas.com;

    i. registering, using and/or trafficking in any other domain names that incorporate,in whole or in part, whether alone or in combination with other terms any of the

    Brahmas Marks and/or uses names, words, designations or other symbols

    confusingly similar to any ofthe Brahmas Marks and/or registering, using and/or

    trafficking in any other domain names that incorporate, in whole or in part,

    whether alone or in combination with other terms Brahmas;

    j. transferring to anyone other than Plaintiffs the domain nameslonestarbrahmas.pointstreaksites.com, brahmaland.com, and jrbrahmas.com

    and/or any other domain names that incorporates, in whole or in part, any of the

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    Brahmas Marks and/or use names, words, designations or other symbols

    confusingly similar to any ofthe Brahmas Marks;

    k. effecting assignments or transfers, forming new entities or associations orutilizing any other device for the purpose of circumventing or otherwise avoiding

    the prohibitions set forth in any judgment or order in this action; and

    l. instructing, assisting, aiding, or abetting any other person or business entity inengaging in or performing any of the activities referred to in subparagraphs (a)

    through (k) above.

    2.

    An Order directing each of the Defendants, within thirty (30) days after the entry

    and service upon Defendants of a preliminary injunction, to file with the Court and serve upon

    Plaintiffs a written report under oath setting forth in detail the manner and form in which each of

    the Defendants have complied with the provisions of the preliminary injunction;

    3. That Defendants, their officers, agents, servants, employees, attorneys,confederates, and all persons acting for, with, by, through, under or in active concert and

    participation with them deliver up and destroy all labels, signs, prints, packages, wrappers,

    receptacles and advertisements in their possession bearing any of the Brahmas Marks or any

    reproductions, counterfeit copy or colorable imitation thereof or any mark confusingly similar

    thereto;

    4. That Defendants account for and pay to Plaintiffs all profits realized byDefendants by reason of Defendants unlawful acts herein alleged and that the amount of

    damages for infringement of the Brahmas Marks be increased by a sum not exceeding three

    times the amount thereof as provided by law;

    5. For an award of Plaintiffs damages, statutory damages, including statutorydamages of in an amount up to $300,000.00 and not less than $3,000.00 pursuant to the

    Anticybersquatting Consumer Protection Act, and other damages arising out of Defendants acts.

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    6. For an award to Plaintiffs of their ascertainable damages, costs, and attorneysfees;

    7. Such other and further relief to which Plaintiffs may show themselves to be justlyentitled to, such other and further relief as equity may require and/or that this Court may

    determine to be just and proper.

    Respectfully submitted,

    /s/ David J. PelsDavid J. PelsState Bar No. 15732875

    Paul F. GianniState Bar No. 00784124

    Shannon, Gracey, Ratliff & Miller, L.L.P.777 Main Street, Suite 3800Fort Worth, Texas 76102Telephone: (817) 336-9333Facsimile: (817) [email protected]@shannongracey.com

    ATTORNEYS FOR PLAINTIFFS

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    mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]
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