WWF 1999 Lawsuit Against Fake T-shirts

Case 1:99-cv-03110-AJ Document 1 Entered on FLSD Docket 11/17/1999 Page 1 of 82

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

WORLD WRESTLING FEDERATION ENTERTAINMENT, INC.,

CT. :~:,.-;~\:,H'

Plaintiff,

v.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Civil ActQg - 311 0 "av-JORDAN

MAGISTRATE JUuGE PICASSO SILK SCREEN, INC., MARCELLE SIMON, CHAIM SIMON, SIMON'S ISLAND, MR. BIG 305, INC., t/d/b/a MR. V's SPORTSWEAR, ALL SPORT T-SHIRTS, SPORT SHOP,

... BANDSTRA

JOE'S T-SHIRTS, SARA SPORTSWEAR ORIGINAL SPORTSWEAR, TONY'S SPORT SHOP, NOOR SPORTSWEAR, OP A LOCKA - HIALEAH FLEA MARKET, VARIOUS JOHN AND JANE DOES, AND VARIOUS XYZ CORPORATIONS,

Defendants.

FILED UNDER SEAL

VERIFIED COMPLAINT

Plaintiff World Wrestling Federation Entertainment, Inc. ("WWFEI"), by and

through its undersigned counsel, alleges the following for its complaint against defendants

Picasso Silk Screen, Inc., Marcelle Simon, Chiam Simon, Simon's Island, Mr. Big 305, Inc.,

t/d/b/a Mr. V's Sportswear, All-Sport T-shirts, Sport Shop, Joe's T-shirts, Original Sportswear,

Norr Sportswar, Opalaka Flea Market, a/k/a Hialeah Flea Market., John and Jane Does, and XYZ

Corporations (collectively, the "Defendants").

1/rt Pl-451705.0 I

KIRKPATRICK & LOCKHART LLP


NATURE OF THE CASE

1. This is an action for trademark infringement under the Lanham Act, 15

U .S.C. 1051, et seq., the Trademark Counterfeiting Act of 1984, 15 U .S.C. 1 116( d), the All

Writs Act, 28 U.S.C. 1651, related state law claims for trademark infringement and unfair

competition and equitable relief pursuant to 28 U.S.C. 1651 and Fed. R. Civ. P. Rule 65,

occasioned by Defendants' unlawful manufacturing, distributing and/or selling counterfeit

merchandise bearing unauthorized copies of WWFEI's registered and unregistered trademarks.

WWFEI brings this action to (i) protect its reputation for distributing and selling merchandise of

the highest quality and grade and (ii) prevent deception of the consuming public by defendants.

2. To achieve these goals, WWFEI seeks, through an Ex Parte Application

for Temporary Restraining Order and Order for Seizure of Counterfeit Marked Goods filed

concurrently herewith and incorporated herein, an order from this Court authorizing the seizure

by the United States Marshal or other law enforcement officer and persons acting under their

authority or supervision of:

(i) all counterfeit merchandise bearing any of WWFEI's registered and unregistered marks or any confusingly similar marks found in the possession, custody or control of Defendants;

(ii) all means of making such counterfeit merchandise; and

(iii) all records documenting the manufacture, receipt, distribution, offering for sale or sale of such counterfeit merchandise.

WWFEI seeks to have all such counterfeit merchandise and associated documents and materials

seized until a hearing can be held before this Court to determine the disposition of any such

goods, materials and/or documents seized.

2 KIRKPATRICK & LOCKHART LLP


3. WWFEI also seeks a temporary restraining order and a preliminary and

permanent injunction barring Defendants from unlawfully infringing WWFEI's registered and

unregistered trademarks and service marks by manufacturing, distributing and/or selling

counterfeit merchandise bearing any of WWFEI's registered or unregistered marks or any other

symbol, mark or designation that is likely to cause confusion or mistake or to deceive the

consuming public.

PARTIES

4. WWFEI is a Delaware corporation having its principal place of business at

1241 East Main Street, Stamford, Connecticut 06902.

5. Defendant Picasso Silk Screen, Inc. is a Florida corporation with a

principal place of business at 2269 NE I 64th Street, Miami, Florida 33160.

6. Defendant Marcelle Simon is an individual who, upon information and

belief, resides at 19810 NE 26th A venue, Miami, Florida.

7. Defendant Chaim Simon is an individual who, upon information and

belief, resides at 19810 NE 26th A venue, Miami, Florida.

8. Defendant Simon's Island is a Florida entity operating and doing business

at 12705 NW 42nd A venue, Miami, Florida.

9. Defendant Mr. Big 305, Inc. t/d/b/a Mr. V's Sportswear, is a Florida

corporation with a principal place of business at 2750 NW 3rd Avenue, Miami, Florida.

10. Defendant All Sport T-shirts is a Florida entity operating and doing

business at 12705 NW 42nd Avenue, Miami, Florida.



11. Defendant Sport Shop is a Florida entity operating and doing business at

12705 NW 42nd A venue, Miami, Florida.

12. Defendant Joe's T-shirts is a Florida entity operating and doing business at

12705 NW 42nd A venue, Miami, Florida.

13. Defendant Tony's Sport Shop is a Florida entity operating and doing


14. Defendant Original Sportswear is a Florida entity operating and doing


15. Defendant Noor Sportswear is a Florida entity operating and doing


16. Defendant Sara Sportswear is a Florida entity operating and doing


17. Defendant Opa Locka - Hialeah Flea Market is a Florida entity operating

and doing business at 12705 NW 42nd Avenue, Miami, Florida.

18. Defendants John and Jane Does and XYZ Corporations, whose precise

identities are not yet known to WWFEI, are individuals and entities who, at all times relevant

hereto, have been doing business and continue to do business in the Southern District of Florida.

The identities of the John and Jane Doe defendants and the XYZ Corporation defendants are

capable of being ascertained by WW FE I, and WWFEI will amend its complaint accordingly

upon identification thereof.



JURISDICTION AND VENUE

19. This Court has personal jurisdiction over the defendants because they

reside in and have transacted business in this State and have caused harm or tortious injury in this

State by acts or omissions within this State.

20. This Court has subject matter jurisdiction over this action pursuant to 15

U.S.C. 1121 and 28 U.S.C. 1338(a) and (b). This Court has supplemental jurisdiction of the

state claims asserted under 28 U.S.C. 1376.

21. This Court is an appropriate venue for this action under 28 U.S.C.

l 391 (a)(2), because a substantial part of the events giving rise to plaintiffs request for relief

occurred and continues to occur in this district.

FACTUAL BACKGROUND

WWFEI's Business And Marks

22. Since at least as early as February, 1983, WWFEI, doing business as the

"World Wrestling Federation," has provided to the public live and televised wrestling and

entertainment events and services (the "WWFEI Wrestling Services") under the service mark

WORLD WRESTLING FEDERATION. In connection therewith, WWFEI has used, advertised,

publicized, and presented the WWFEI Wrestling Services, and related souvenirs, merchandise,

memorabilia, and video tapes (the "WWFEI Merchandise") under the WORLD WRESTLING

FEDERATION mark and numerous other service marks and trademarks (collectively the

"WWFEI Marks"). A listing of the WWFEI Marks, both those marks registered on the principal

register of the United States Patent and Trademark Office and those marks unregistered but



exclusively owned by or licensed to WWFEI, are attached and incorporated herein as Exhibits 1

and 2, respectively. Among the most important marks to this action are:

WORLD WRESTLING FEDERATION

WWF

the WWF logo

WRESTLEMANIA

Re~istration Nos.

1,564, 148 1,317,318

2,131,847

1,348,618 1,574,169 1,697,715

1,432,884 1, 716, 716 1,863,534

The WWFEI Marks are now well known to the public and have come to identify WWFEI to the

public as the genuine source and sponsor of the WWFEI Wrestling Services and the WWFEI

Merchandise.

23. WWFEI currently presents two weekly World Wrestling Federation

programs, called "Raw Is Wa.r" and "WWF Smackdown!" respectively, which feature wrestling

entertainment programming every Monday and Thursday night nationwide on the USA cable

television network and the United Paramount Network, respectively. Raw is War and

Smackdown are regularly cablecast live from WWF events around the country, and at other times

they are cablecast from a live WWF event taped during the prior few weeks. WWFEI also

presents three additional nationally syndicated WWF television programs each week.

24. WWFEI presents regular World Wrestling Federation programs featuring

live wrestling events on a pay-per-view basis twelve times a year. One of these pay-per-view

events is called "Wrestlemania" and is sold at $34.95 per view. Wrestlemania is WWFEI's most



lucrative live event that is distributed on a pay-per-view basis. Four of these pay-per-views are

named "'King of the Ring," "Summerslam," "Survivor Series," and "Royal Rumble,"

respectively, and are sold at $29.95 per view. The remaining seven WWF pay-per-view events,

with various names, are also sold at $29.95 per view.

25. WWFEI's pay-per-view events are the biggest wrestling events of the year

for the World Wrestling Federation, and offer an occasion for, inter alia, determining and

crowning the World Wrestling Federation's various champions and/or elucidating the various

story lines developed by WWFEI throughout the year. These live pay-per-view events are

extensively promoted and widely attended.

26. For instance, the first Wrestlemania, Wrestlemania I, was held March 3 1,

1985, at Madison Square Garden in New York City. Subsequent Wrestlemanias have occurred

in such sites as the Pontiac Silverdome in Pontiac, Michigan (Wrestlemania III), which drew

93,000 spectators; Atlantic City, New Jersey (Wrestlemanias IV and V); and Indianapolis,

Indiana (Wrestlemania VIII). The 1997 Royal Rumble at the Alarnodome in San Antonio drew

68,000 spectators. On March 29, 1998, WWFEI held its annual Wrestlemania pay-per-view

event, Wrestlemania XIV, at the Fleet Center in Boston, Massachusetts. WWFEI Merchandise

sales at Wrestlemania XIV set the record for the Fleet Center for sales per capita. WWFEI held

Wrestlemania XV at the First Union Center in Philadelphia, Pennsylvania on March 28, J 999.

Again, WWFEl set a venue record for merchandise sales per capita, averaging $28.00 per

attendee in merchandise sales. In addition, Wrestlemania XV drew a pay-per-view audience of

over 800,000 viewers, and WWFEI sold a wide variety of WWF merchandise on the Horne

Shopping Network immediately following the broadcast of Wrestlemania.



27. In addition to its televised events, WWFEI presents live World Wrestling

Federation events on a regular basis in most major cities in the United States and in many other

cities throughout the world ("Live Events"). WWFEI does this by organizing tours of World

Wrestling Federation events throughout the country. Most major U.S. cities will have a World

Wrestling Federation wrestling event appear in their city once or twice a year. The WWF events

that appear Jive in arenas across the country are known as "house shows." In addition to

generating revenues through ticket sales and promoting the up-coming pay-per-views, WWFEI

sells a considerable amount of WWFEI Merchandise at the house shows.

28. In connection with its house shows and other WWF Live Events, as well

as in retail stores nationwide and via mail order and on-line catalogs, WWFEI sells a large

variety of the WWFEI Merchandise featuring the WWFEI Marks. The WWFEI Merchandise

typically displays prominently the name and logo of the company, its events, its programs, and/or

the wrestlers and other personalities involved with the events and programs. Examples of the

WWFEI Merchandise are listed in Exhibit 3 attached hereto, but primarily include, without

limitation, T-shirts, jerseys, sweatshirts, caps, hats, belts, sunglasses, water bottles, key rings,

foams, action figures, pogs, posters, and video tapes.

Counterfeiting of WWFEI Merchandise

29. As noted, WWFEI conducts an ongoing, nationwide series of Live Events,

including house shows, cablecast events and pay-per-view events. Exhibit 4 hereto contains a

schedule of live WWF events through April 2, 2000.

8 KIRKPATRICK & LOCKHART UP


30. In connection with its nationwide series of Live Events, WWFEI has

advertised and promoted heavily, and will continue to advertise and promote heavily, the

WWFEI Marks in interstate commerce.

31. For the past several years, WWFEI has sold and has licensed others to sell

the WWFEl Merchandise at and in connection with its Live Events. Typical WWFEI

Merchandise sold at a WWF Live Event might refer specifically or generally to the World

Wrestling Federation, the WWF, the WWF logo, the date and/or location of the show or tour,

and/or one or a number of the other WWFEI Marks included in Exhibits 1 and 2 hereto.

32. WWFEI Merchandise is of the highest quality and grade. These genuine

goods are currently being sold only at authorized locations throughout the United States

including, but not limited to, the house show arenas, Live Event venues and retail stores in the

Southern District of Florida.

33. Upon information and belief, as well as investigation into the matter,

WWFEI learned that certain individuals and entities, alone and in conjunction with other

similarly situated individuals and entities, were selling goods of inferior quality to those sold, or

licensed for sale, by WWFEI at or near the Live Events. These goods, which were marked with

imitations or counterfeits of the WWFEI Marks ("'Counterfeit Merchandise"), include, inter alia,

T-shirts, jerseys, sweatshirts, caps, hats, belts, sunglasses, water bottles, key rings, foams, action

figures, pogs, posters, videotapes and other souvenirs, merchandise and memorabilia.

34. For example, at WWFEl's Wrestlemania XIV event, held on March 29,

1998 at the Fleet Center in Boston, Massachusetts, WWFEI encountered an overwhelming

number of individuals distributing and selling Counterfeit Merchandise. At Wrestlemania XV,

held on March 28, 1999, at the First Union Center in Philadelphia, Pennsylvania, WWFEI



likewise encountered numerous instances of unauthorized bootlegging of Counterfeit

Merchandise. In between these two showcase Live Events, WWFEI encountered hundreds of

instances of the distribution, offering for sale, and selling of Counterfeit Merchandise.

35. At no time has WWFEI authorized any individuals or entities to

manufacture, distribute, offer for sale, or sell any Counterfeit Merchandise, nor any WWFEI

Merchandise, or goods or materials bearing the WWFEl Marks, that were not specifically

licensed and approved by WWFEI, at Live Events or elsewhere.

36. As described more fully in the Declaration of James K. Bell, attached

hereto and incorporated herein as Exhibit 5, WWFEI has undertaken, and continues to undertake

significant, extensive measures to guard against unauthorized distribution and sale of Counterfeit

Merchandise at Live Events.

Enforcement at Live Events

37. Based upon its investigation into the matter, and as described more fully in

the Declaration of Robert F. Menke, a copy of which is attached hereto and incorporated herein

as Exhibit 6, WWFEI observed that the design, materials and quality of most of the Counterfeit

Merchandise being distributed and sold at WWF Live Events throughout the United States was

unifom1 from event to event and city to city. WWFEl concluded that the individuals and entities

distributing and selling Counterfeit Merchandise were part of a concerted operation who travel

from venue to venue selling unauthorized Counterfeit Merchandise likely acquired from common

sources of manufacture.

38. WWFEI thus determined that, without the aid of a federal court order

authorizing seizure of Counterfeit Merchandise, WWFEI would be unable to combat the network



of individuals and entities distributing and selling unauthorized Counterfeit Merchandise

throughout WWFEI's nationwide series of Live Events and thus unable to effectively protect its

rights, and the rights of the consuming public, against the unauthorized and unlawful distribution

and sale of Counterfeit Merchandise at Live Events.

39. Accordingly, to protect itself during its 1999-2000 nationwide series of

Live Events, WWFEI sought and obtained a Temporary Restraining Order and Order for Seizure

of Counterfeit Marked Goods ("Seizure Order") under the Trademark Counterfeiting Act against

various unidentified John and Jane Does and XYZ Corporations in the United States District

Court for the Southern District of New York (the "SONY Action").

40. The Seizure Order - eventually transformed into a Preliminary Injunction

Order and Order of Seizure in effect through April 2, 2000 - enjoins all defendants m the SDNl'

Action from manufacturing, assembling, selling, offering for sale, distributing, or offering to

distribute any goods that bear any mark, word or name confusingly similar to any WWFEI

trademarks or service marks, and authorized the seizure of such goods sold in the vicinity of any

venue where a WWF Live Event was occurring. True and correct copies of relevant pleadings

and Court Orders from the SONY Action are available upon request.

41. During the course of WWFEI 's series of Live Events conducted since the

issuance of the Seizure Order, WWFEI has encountered numerous sellers of Counterfeit

Merchandise at various locations throughout the United States, serving each offending seller with

official notice of the SDNY Action and seizing Counterfeit Merchandise pursuant to the Seizure

Order. As a result, WWFEI has seized hundreds of counterfeit T-shirts, caps, posters, pictures

and other items of Counterfeit Merchandise marked with imitations of the WWFEI Marks,

averting thousands of dollars in lost merchandise sales. See Exhibit 6.

I 1 KIRKPATRICK & LOCKHART LLP

Case 1:99-cv-03110-AJ Document 1 Entered on FLSD Docket 11/17/1999 Page 12 of 82(

42. No defendant in the SONY Action has come forward with objections to

WWFEI's seizure of Counterfeit Merchandise, and no claim has been made against the bond

posted by WWFEI thereunder.

43. The Seizure Order issued in the SDNY Action has been effective in

policing the distribution and sale of Counterfeit Merchandise throughout WWFEI's 1999-2000

series of Live Events to date. Such unlawful activity, however, represents a continuing problem,

not yet abated, and the only effective relief available to WWFEI is the seizure process.

Counterfeiting In Retail A11d Wholesale Markets

44. Likewise, the ex parte seizure process is the only effective remedy for

WWFEI to combat the unauthorized manufacture and distribution of Counterfeit Merchandise at

the retai I and wholesale levels.

45. For example, during the course of WWFEI's enforcement of an ex parte

order of seizure during its 1998-99 series of Live Events, WWFEI discovered a source of

Counterfeit Merchandise apparently unrelated to the defendants in that action. WWFEI learned

that an entity known as East Coast Embroidery, located on Long Island, New York, was

manufacturing Counterfeit Merchandise. Pursuant to the Trademark Counterfeiting Act,

WWFEI sought and received a separate ex parte seizure order from the Eastern District of New

York (the "EDNY Action").

46. Following the posting of bond, WWFEI seized approximately 300 T-shirts

bearing counterfeit WWFEI Marks, plus a silk screen, stencil drawings and various other means

and accessories of production associated with the manufacture of Counterfeit Merchandise by

East Coast Embroidery. As a result of the seizure, WWFEI avoided approximately $6,000 in lost



sales and stopped a known counterfeiter from creating the risk of any further lost sales. The

defendant in the EDNY did not object to WWFEI's seizure of the Counterfeit Merchandise, and

no claim was made against the bond posted by WWFEl in that action. Copies of relevant

pleadings and Court Orders from the EDNY Action are available upon request.

47. Also, during the course of WWFEI's enforcement of the 1998-99 order of

seizure, WWFEI discovered another source of Counterfeit Merchandise apparently unrelated to

the defendants in that action. Upon learning that an entity known as Posters, Inc., located in

Chicago, Illinois, was manufacturing and distributing Counterfeit Merchandise, WWFEI

instituted a separate ex parte seizure action under the Trademark Counterfeiting Act in the

Northern District of Illinois (the "NDI Action").

48. The district court granted an order of seizure and, following its bond

posting, WWFEI seized over 25,000 posters bearing counterfeit WWFEI Marks, plus various

other means and accessories of production and distribution associated with the counterfeiting

activities of Posters, Inc. As a result, WWFEI averted lost sales in excess of $250,000. No

defendant in the NOi Action objected to WWFEI's seizure of the Counterfeit Merchandise, and

no claim was made against the bond posted by WWFEI in that action. Copies of relevant

pleadings and Court Orders from the NDI Action are available upon request.

49. More recently, during the course of its enforcement of the Seizure Order in

the SONY Action, WWFEI discovered a source of Counterfeit Merchandise here in the Southern

District of Florida. Upon learning that an entity known as AAA Silk Screen, Inc., located in Fort

Lauderdale, Florida, was manufacturing and distributing Counterfeit Merchandise, WWFEI

instituted a separate ex parte seizure action under the Trademark Counterfeiting Act the Fort

Lauderdale division of this judicial district (the "AAA Action").



50. Pursuant to an order of seizure issued by the Honorable Wilkie D.

Ferguson, Jr., WWFEI seized approximately 2,000 T-shirts bearing counterfeit WWFEI Marks,

plus several silk screens, plastic silk screen molds, stencil drawings, computer graphics programs

and various other means and accessories of production associated with the manufacture of

Counterfeit Merchandise by AAA Silk Screen, Inc .. As a result, WWFEI averted lost sales in

excess of $40,000. No defendant in the AAA Action objected to WWFEI's seizure of

Counterfeit Merchandise, and no claim was made against the bond WWFEI posted in that action.

Copies of relevant pleadings and Court Orders from the AAA Action are available upon request.

51. Clearly, the ex parte seizure process has enabled WWFEI to effectively

combat the manufacture, distribution and sale of Counterfeit Merchandise in the wholesale and

retail markets. During the past eighteen months, WWFEI has enforced four separate Seizure

Orders, resulting m the recovery of Counterfeit Merchandise and the aversion of hundreds of

thousands of dollars in lost sales as a result of the distribution thereof. In each case, WWFEI was

able to enforce its trademark rights without compromising the rights of any of the defendants

involved.

Counterfeiting by Defendants

52. As described more fully in the Declaration of Robert Menke, WWFEI

recently became aware that the Defendants manufacture, distribute, offer for sale, and sell

Counterfeit Merchandise bearing unauthorized imitations or counterfeits of the WWFEI Marks

from their places of business identified above. See Exhibit 6.

53. In fact, Defendants Mr. Big 305, Inc., All Sport T-shirts, Sport Shop, Joe's

T-shirts, Tony's Sport Shop, Sara Sportswear, Original Sportswear and Noor Sportswear all


Case 1:99-cv-03110-AJ Document 1 Entered on FLSD Docket 11/17/1999 Page 15 of 82(

offered to sell, and sold, such Counterfeit Merchandise to WWFEI investigators at some point

between October 9, 1999 and the present time. See Exhibit 6.

54. The Counterfeit Merchandise sold by Defendants to WWFEI investigators,

as described immediately above in paragraph 53, contained counterfeit WWF designs, images,

marks and characters that matched counterfeit WWF designs, images, marks and characters

included on silk screen print negatives recovered by WWFEI investigators from the premises of

Defendant Picasso Silk Screen, Inc. on Thursday, October 20, 1999 See Exhibit 6.

55. The Counterfeit Merchandise that is manufactured by Picasso Silk Screen,

Inc. and distributed and sold by Simon's Island, Mr. Big 305, Inc., All Sport T-shirts, Sport

Shop, Joe's T-shirts, Tony's Sport Shop, Sara Sportswear, Original Sportswear, Noor Sportswear

and the other defendants, all under the supervision, direction, and control of, or in cooperation

with, Picasso Silk Screen, Inc., Marcelle Simon and Chiam Simon, includes, but is not limited to,

T-shirts bearing unauthorized imitations or counterfeits of the WWFEI Marks, is not authorized

or licensed by WWFEI and is of inferior quality to that of genuine WWFEI Merchandise.

56. WWFEI believes and therefore avers that Defendants, in conjunction with

other as-yet-unidentified defendants, are manufacturing, distributing, offering for sale, and

selling Counterfeit Merchandise and, unless enjoined by this Court, will continue to manufacture,

distribute, offer for sale and sell Counterfeit Merchandise, all in intentional and willful violation

of WWFEI's rights under the Lanham Act, the Trademark Counterfeiting Act and Florida Jaw.

Irreparable Harm

57. Defendants' use of counterfeit marks and their manufacture, distribution,

and sale of Counterfeit Merchandise is deceiving, and unless enjoined, will continue to deceive



the consuming public into believing that they are purchasing genuine goods which have been

manufactured, authorized, or approved by WWFEI, and will likely cause confusion and mistake

in that consumers are likely to assume that WWFEI has manufactured, authorized, or approved

the Counterfeit Merchandise sold by Defendants.

58. Defendants' manufacture, distribution and sale of inferior quality

Counterfeit Merchandise displaying the WWFEI Marks is also injuring, and unless enjoined, will

continue to injure WWFEI's reputation for the manufacture and sale of the highest quality

souvenirs, merchandise, and memorabilia.

59. Based on WWFEI's prior encounters with sellers of Counterfeit

Merchandise at recent Live Events, other World Wrestling Federation events, and in the retail

and wholesale distribution context WWFEI alleges that, if Defendants are notified that WWFEI

has filed this lawsuit and has filed an Application for Temporary Restraining Order, Defendants

will cause the unauthorized Counterfeit Merchandise to be dispersed and, thereafter, sold at other

locations on or near the premises of the event arenas or elsewhere with the result that WWFEI

will be unable to obtain an effective remedy for Defendants' wrongful conduct.

COUNT I

Trademark Infrineement (Reeistered Marks)

60. WWFEI hereby incorporates by reference and re-alleges, as if fully set

forth herein, paragraphs 1 through 59 of this Complaint.

61. The WWFEI Marks on WWFEI Merchandise have become well and

favorably known to consumers throughout the United States, including Florida, as an indication

of goods emanating from or authorized by a single source, i.e., WWFEI.



62. It is a common practice for organizers, sponsors, or promoters of

well-known sporting and entertainment events, such as WWF events, to sell and license others to

sell souvenirs, merchandise, and memorabilia that refers to their respective events.

63. Defendants' use of counterfeits of the WWFEI Marks on the Counterfeit

Merchandise constitutes infringement of WWFEI's registered trademarks in violation of 32 of

the Lanham Act, 15 U.S.C. 1114, and has caused WWFEI to suffer monetary damages and

irreparable non-monetary harm.

64. The threat of the loss of WWFEI's right to control the use of its marks and

the reputation of its goods is real and substantial. This loss is further enhanced by the inferior

quality of Defendants' Counterfeit Merchandise.

65. Defendants' acts described herein infringe the WWFEI Marks and injure

WWFEI's business, reputation, and good will, and unless restrained and enjoined will continue to

do so, all to WWFEI's irreparable harm.

COUNT II

Trademark Infringement (Unregistered Marks) And False Desi2nation Of Ori2in



67. Defendants' use of the WWFEI Marks on the Counterfeit Merchandise

constitutes infringement of WWFEI's unregistered trademarks in violation of 43(a) of the

Lanham Act, 15 U.S.C. ~ l 125(a), and has caused WWFEI to suffer monetary damages and

irreparable non-monetary harm.



68. Defendants' use of the WWFEI Marks on the Counterfeit Merchandise

creates a false designation of origin and a false representation of Defendants' goods, all in

violation of section 43(a) of the Lanham Act, 15 U.S.C. 1125(a), and has caused WWFEI to

suffer monetary damages and irreparable non-monetary harm.

69. The threat of the loss of WWFEI's right to control the use of its marks and

the reputation of its goods is real and substantial. This loss is further enhanced by the inferior

quality of Defendants' Counterfeit Merchandise.

70. Defendants' acts described herein infringe the WWFEI Marks and injure

WWFEI's business, reputation, and good will, and, unless restrained and enjoined, will continue

to do so, all to WWFEI's irreparable harm.

COUNT III

Federal Trademark Dilution



72. As a result of the duration and extent of WWFEI's use and promotion of

the WWFEI Marks, the WWFEI Marks are famous and highly distinctive.

73. Defendants are making commercial use of the WWFEI Marks in interstate

commerce.

74. Defendants' use began long after the WWFEI Marks trademarks became

famous.

75. Defendants' use of the WWFEI Marks trademark dilutes the distinctive

quality of the WWFEI Marks by diminishing the capacity of the marks to identify and



distinguish WWFEI's goods and services, in violation of 43(c) of the Lanham Act, 15 U .S.C.

l 125(c).

76. Defendants willfully intended to trade on WWFEI's reputation and good

will, and to cause dilution of WWFEI's famous and highly distinctive WWFEI Marks, resulting

in monetary damages and irreparably harm to WWFEI.

77. Defendants' conduct has caused and, unless restrained and enjoined, will

continue to cause WWFEI immediate and irreparable injury. WWFEI lacks an adequate remedy

at law.

COUNT IV

Traffickine In Counterfeitine Goods

78. WWFEI hereby incorporates by reference and re-alleges, as 1 f fully set


79. Defendants' souvenirs, merchandise, and memorabilia constitute goods

bearing counterfeit marks. Defendants have trafficked these goods in violation of the Trademark

Counterfeiting Act of 1984, 15 U .S.C. 1116( d) and, unless restrained and enjoined, will

continue to traffic these goods, all to WWFEI's financial detriment and irreparable harm.

COUNTV

Common Law Trademark Infringement, Dilution. and Unfair Competition under Florida Law



81 . The WWFEI Marks are marks valid at common law.



82. Defendants' unauthorized use of the WWFEI Marks is likely to cause

confusion, or mistake or to deceive as to the source of Defendants' goods and services, which

constitutes trademark infringement under the common law of Florida.

83. Defendants' unauthorized use of the WWFEI Marks constitutes unfair

competition under Florida common law.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays:

I. That this Court grant a temporary restraining order and a preliminary and

permanent injunction enjoining Defendants and each of his, her, or their partners, associates,

agents, servants, and employees, and all others acting in concert therewith or having knowledge

thereof, from manufacturing, distributing, or selling Counterfeit Merchandise, or any other

souvenirs, merchandise, or memorabilia bearing any of the WWFEI Marks or any other mark.

word, or name similar to the WWFEI Marks in a manner which is likely to cause confusion or

mistake or to deceive.

2. That this Court order Defendants to file with this Court and serve on

WWFEI within thirty days after the service on Defendants of the requested injunction a report in

writing under oath setting forth in detail the manner and form in which Defendants have

complied with the injunction.

3. That this Court order that all Counterfeit Merchandise, or any other

souvenirs, merchandise, or memorabilia referring to or bearing any of the WWFEI Marks or any

confusingly similar marks, found in the possession, custody, or control of Defendants, such items

being located on Defendants' premises, be seized by a United States Marshal or other law



enforcement officer and persons acting under their authority or supervision until a hearing can be

held before this Court to determine the disposition of any goods so seized.

4. That this Court order the seizure of (a) any means of making Counterfeit

Merchandise and (b) records documenting the manufacture, sale, or receipt of things involved in

the sale, offering for sale, or distribution of Counterfeit Merchandise by a United States Marshal

or other law enforcement officer and persons acting under their authority or supervision until a

hearing can be held before this Court to determine the disposition of any goods so seized.

5. That this Court order that (a) all Counterfeit Merchandise, or any other

souvenirs, merchandise, or memorabilia bearing any of the WWFEI Marks or any confusingly

similar marks, and all plates, molds, matrices, and other means of making the same, found in the

possession, custody, or control of Defendants, and (b) any goods seized pursuant to this Court's

order, shall be delivered up to WWFEI, or WWFEI's attorneys pending the outcome of this

action.

6. That Defendants be required to account to WWFEI for any and all profits

which Defendants have derived from the sale of any Counterfeit Merchandise or any other

souvenirs, merchandise, or memorabilia bearing any of the WWFEI Marks or any confusingly

similar marks, and for any and all damages which WWFEI has sustained by reason of the acts

complained of herein, or statutory damages.

7. That Defendants be required to pay treble the amount of any profits

derived from the sale of any Counterfeit Merchandise and treble the amount of any and all

damages which WWFEI has sustained by reason of the acts complained of herein, or statutory

damages.



8. That this Court award WWFEI the cost of this action and reasonable

attorneys' fees.

9. That this Court grant such other and further relief as it should deem just.

JURY TRIAL DEMANDED.

t! Dated: November/b}__, 1999

22

Daniel A. Casey FL Bar No. 327972

Richard J. Brener FL Bar No. 957402

ed,

KIRKPATRICK & LOCKHART LLP Miami Center - 20th Floor 201 S. Biscayne Boulevard Miami, Florida 33131 Tel: (305) 539-3300 Fax: (305) 358-7095

Lucas G. Paglia KIRKPATRICK & LOCKHART LLP 1500 Oliver Building Pittsburgh, PA 15222 Tel: (412) 355-6500 Fax: (412) 355-6501

Attorneys for Plaintiff, World Wrestling Federation Entertainment, Inc.

KIRKPATRICK & LOCKHART LLP


VERIFICATION

I am Senior Vice President and General Counsel of Plaintiff World Wrestling

Federation Entertainment, Inc. The allegations in the foregoing Complaint that relate or refer to

World Wrestling Federation Entertainment, Inc. are true to my own knowledge and, as to those

allegations that relate or refer to Defendants' activities and that are alleged upon information and

belief, I believe them to be true. I verify under penalty of perjury that the foregoing is true and

correct.

~ Executed this \ \ day of November, 1999. I --

Senior Vice si nt and General Counsel World Wrestling Federation Entertainment, Inc.

PI-373591.01


EXHIBIT 1

REGISTERED WWFEI MARKS

Country Reference# Filed Appl# Regdt Reg# Status Classes Action Zone United States 95444-1 07111/96 751132,670 12/23/97 1, 123,044 Registered 41 Adam Bomb United States 94399 06104193 397,576 09/05/95 1,916,880 Registered 41 Ahmed Johnson United States 95651 04/11197 75/273387 09/01/98 2, 185,569 Registered 41 Animal of Legion of Doom 95023 08/14/90 087,784 09122192 1,719,619 Registered 41 Bad Guy (The) United States 96156 06/21/96 75/123,274 0611-197 2,069,621 Registered 41 Big Boss Man United States 94498 05/06/91 163,788 09/14/93 1, 792,533 Registered 16 Bobby "The Brain" Heenan United States 94558 0 l /07 /91 128,392 12/01/92 1,737,163 Registered 41 Body Donnas United States 95354 04/11 /97 75/273,302 01/26/99 2,220,008 Registered 41 Bodystars United States 94570 08/05/91 191,786 02/22/94 1,823,912 Registered 41 Bodystars (stylized) United States 94566 11/15/91 221,665 05/11/93 1,770,885 Registered 41 Bottom Line in Business Travel United States 94475 10/05/88 756,083 05/23/89 1,540,916 Registered 39,a Brutus the Barber Beefcake - 28 United States 94582 03/18/92 256,566 05111/93 1,770,197 Registered 28,a Bushwhackers United States 94416 04/26/93 382, 183 10/17/95 1,926,874 Registered 9 United States 94585 06112/92 284, 150 08/17/93 1,788,106 Registered 16 United States 94587 09/25/92 317,005 05/03/94 1,833,919 Registered 28 Crystal Muscle United States 94596 02/10/92 244,805 06/21/94 1,841,152 Registered 5 Diesel United States 94599 03/12/96 75/071,032 08/12/97 2,087,146 Registered 41 United States 94599-l 03/13/97 75/256,836 01/l3/98 2,129,105 Registered 28

Pl-453263.01 '.::XHIBIT_/_ KIRKPATRICK & LOCKHART LLP


Country Reference# Filed Appl# Regdt Reg# Status Classes Oink United States 94601 11/01195 0163,195 10115196 2,008,368 Registered 41 Doink the Clown United States 95289 02/23/95 637,348 08/20/96 1,994,733 Registered 41 Dominionofdarkness. com {Internet) United States 97101-3 10/27/98 111,111 Registered Dominionofdarkness. net (Internet) United States 97101-12 10/27/98 111,111 Registered Earthquake United States 94607 04115191 156,994 01/18/94 1,817,166 Registered 41 El Matador United States 94610 10/03/91 209,252 05/25/93 1, 773,851 Registered 41 Giant Gonzalez United States 94664 05110193 388,491 05/17/94 1,837,112 Registered 41 Go I dust United States 96209-1 03/13/97 75/256,839 01/13/98 2,129,106 Registered 28 Goldust.net (Internet) United States 97101-11 10/27/98 111,111 Registered Hacksaw Jim Dugan -Class 16 United States 94672 05/06/91 163,720 08/04/92 1,704,920 Registered 16,a Harvey Wippleman United States 94679 09/30/91 208,270 05/18/93 1,772,602 Registered 41 Head Shrinkers United States 94417 11116/92 331,632 10/03/95 1,924,818 Registered 41 Headlock on Hunger -Class 36 United States 94686 05110193 388,500 01/18/94 1,817,135 Registered 36,a Hitman - Class 28 United States 94691 09/21/89 827,022 07/10/90 1,605,757 Registered 28,a lcopro - Class 5 United States 94503 03/13/92 255,319 08/24/93 1,789,835 Registered 5,a lcopro and Design -Class 5 United States 94505 05111192 273,802 09/28/93 1,795,576 Registered 5,a lcopro Colossus United States 94506 05/13/92 274,967 09/14/93 1,793,161 Registered 5,a lcopro Cyclone Paks United States 94507 05111192 273,808 10/12/93 1,798,472 Registered 5,a



Country Reference# Filed Appl# Regdt Reg# Status Classes Icopro Integrated Conditioning United States 94508 05111192 273,803 09/28/93 1,795,577 Registered 5,a Icopro Integrated Conditioning United States 94509 05/11/92 273,804 01118/94 1,817,335 Registered 5,a United States 94510 01/11/93 347,016 05117/94 1,836,852 Registered 25,a Icopro Nightforce United States 94512 05111192 273,809 09/28/93 1, 795,579 Registered 5,a lcopro Oxy-Blast United States 94513 05127192 280,227 12/21/93 1,812,679 Registered 5,a lcopro Storm United States 94514 05/11 /92 273,807 08/24/93 1,789,837 Registered 5,a lcopro Thermicforce -Class 5 United States 94719 05/11 /92 273,805 08/24/93 1,789,836 Registered 5,a Icopro Thermo-Trim -Class 5 United States 94718 05/13/92 274,968 08/24/93 1,789,838 Registered 5,a lcopro Wind United States 94516 05/11/92 273,806 09/28/93 1,795,578 Registered 5,a Icopro You've Gotta Want - 25 United States 94721 01/11/93 347,059 04/12/94 1,830,407 Registered 25,a lcopro You've Gotta Want It - 5 United States 94720 05127192 280,376 03/15/94 1,826,812 Registered 5,a In Your House United States 96189 04126196 75/094,847 06/03/97 2,066,895 Registered 41 Jake "The Snake" United States 94738 l 0/28/91 216, 115 03/02/93 1, 755, 792 Registered 41 Jake the Snake - Class 16 United States 94736 10/15/91 212,254 01/19/93 1,747,058 Registered 16,a Jobsquad.net (Internet) United States 97101-4 l 0/27/98 111,111 Registered King of the Ring United States 96185 04126196 75/095,025 02/25/97 2,040,704 Registered 41 Ki ngo fthering.com (Internet) United States 97101-10 10/27/98 111,111 Registered



Country Reference # Filed Appl# Regdt Reg# Status Classes Legends Return United States 95021 07 /10/92 293,507 04106193 1, 763,388 Registered 41 Lovely Elizabeth United States 94450 03/10/89 785, 777 12/26/89 1,572,752 Registered 3,a Macho King Randy Savage United States 95039 03102190 033,999 06102192 1,690,830 Registered 25 Macho Madness - CL 16,20,21,25 United States 94519 03/03/89 784,338 05/01/90 1,594, 155 Registered 16,a Macho Man - Class 20 United States 94479 05/12/89 799,656 04/03190 1,589,983 Registered 20,a Macho Man Randy Savage United States 94482 05/12/89 799,655 10102190 1,615,653 Registered 16,a Macho Man Randy Savage - CL 28 United States 94474 12/28/92 347,896 01/11/94 1,816,016 Registered 28,a Matilda United States 94420 05/26/88 730,920 08/08/89 1,551,058 Registered 25 Mountie United States 95072 01122/91 132,355 04120193 1, 766,950 Registered 41 Mr. Perfect United States 95612 10/30/95 012,019 09/24/96 2,003, 188 Registered 41 Muscle Mist - Class 5 United States 95075 02/10/92 244,375 09/21/93 1, 794,088 Registered 5,a Nailz - Class 41 United States 95077 08117/92 305,026 09128193 1, 795,332 Registered 41,a Nasty Boys United States 95079 06/20/91 177,979 07/20/93 1, 782,626 Registered 16 United States 94473 12/07/92 337,901 01111194 1,816,015 Registered 28 United States 95081 12/31/90 127, I 02 03109193 1, 757,262 Registered 41 Paul Bearer - Class 41 United States 95091 05/28/91 170,298 10/26/93 1,801,135 Registered 41,a Randy "Macho Man" Savage United States 94421 03/03/89 784,314 12104190 1,625,920 Registered 16 RAW United States 95684 08/12/97 2,086,903 Registered 41 Raw is War United States 97026 05116197 75/292,997 02102199 2,221,223 Registered 41



Country Reference# Filed Appl# Regdt Reg# Status Classes Razor Ramon United States 95109 09/30/92 318,922 05/18/93 1,771,974 Registered 41,a Realmo f darkness. com (Internet) United States 97101-2 I 0/27 /98 1 I I, 1 I 1 Registered Realmofdarkness.net (Internet) United States 97101-1 10/27/98 111,111 Registered Repo Man United States 95114 04/25/91 160,537 12/08/92 1.739,223 Registered 41 Rockers - Class 16 United States 95119 04/27/89 796,417 06119190 1,602,192 Registered 16,a Royal Rumble United States 95257 02/06/95 631,165 05107196 1,972,560 Registered 41 United States 94422 04/26/93 382, 186 10/31/95 1,930,440 Registered 9 Royal Rumble & Design United States 95258 02/06/95 630,541 08/20/96 1,994,687 Registered 41 Royal Rumble (WWF Logo & Des.) United States 95749 03/04/96 75/067,823 08/05/97 2,085,501 Registered 41 Sensational Sherri -Class 16 United States 95124 05/06/91 163,787 09/07/93 1,791,543 Registered 16,a Sgt. Slaughter United States 94484 06/21/91 178,333 08/10/93 1,786,807 Registered 25 Smoking Gunns -Class 41 United States 95133 06104193 397,577 03115194 1,826,670 Registered 41,a Spotlight 09/12/89 1,556,189 41

11128/89 1,568,366 16 Stonecold.com (Internet) United States 97101-18 11/01/98 111,111 Registered Summers lam United States 94424 04/26/93 382, 185 03121195 1,884,646 Registered 9 Summerslam - Class 16,25,41 United States 94423 09/29/88 754,816 12119/89 1,571,823 Registered 16,a Summerslam.com (Internet) United States 97101-5 10/27/98 111,111 Registered



Country Reference # Filed Appl# Regdt Reg# Status Classes Super Wrestlemania United States 95138 11/07/91 219,736 09121193 1,794,347 Registered 28 Survivor Series United States 94425 05107193 387,731 11/01/94 1,860, 719 Registered 9 United States 94426 02/22/89 782,291 10/31/89 1,563,878 Registered 41 Tatanka - Class 16 United States 94486 05126192 278,279 03116193 1,758,299 Registered 16,a Tatanka - Class 25 United States 94487 05126192 278,226 01/05/93 1,744,628 Registered 25,a TCA - Class 39 United States 95140 02/12/91 050,854 02/ 12/91 1,635,030 Registered 39,a TCA Inc. and Design United States 94427 I 0/05/88 756,095 06/20/89 1,544,889 Registered 39 Texas Tornado -Class 41 United States 95121 10/09/90 104,250 07120193 1,782,969 Registered 41,a The Hart Foundation United States 94678 12/21/90 125,516 03117/92 1,679,693 Registered 41 United States 94677 12/20/90 125,002 11/24/92 1,734,918 Registered 25 TheWWF Unbelievable! United States 94436 10/18/93 447,967 05102195 1,892,444 Registered 42,a Titan Entertainment United States 94528 03/08/90 035,840 12/25/90 1,629,522 Registered 41 Titan Tots United States 94525 08/21/91 196,786 07/28/92 1,703,946 Registered 42 Titan's Hot Ticket United States 94526 03/11191 147,128 03123193 1,760,332 Registered 41 Titansports United States 94527 06/03/83 428,676 07/17/84 1,286,533 Registered 41 Travel Strategies United States 94428 02/03/94 485,987 11/07/95 1,934,058 Registered 39 Typhoon United States 94532 03130192 260,876 11/23/93 1,806,229 Registered 28 United States 94531 05/28/91 170,441 01/26/93 1,749,599 Registered 41 U.S. Grade-A Prime Beef 100% United States 95087 10/05/92 320,051 01/18/94 1,816,823 Registered 16,a Ultimate Warrior United States 95158 04/26/93 382, 188 02/01/94 1,818,813 Registered 9



Country Reference# Filed Appl# Regdt Reg# Status Classes Ultimate Warrior (likeness) 28 United States 95160 05106191 163,654 06/08/93 1,775,325 Registered 28,a Ultimate Warrior -16,20,24,25 United States 95159 02/22/89 782,361 12104190 1,625,919 Registered 16,a Ultimate Warrior -Class 28 United States 94429 04124192 269,576 06/07/94 1,838, 771 Registered 28,a Undertaker United States 94453 07/17/92 296,175 05/18/93 1,771,405 Registered 16 United States 94454 12/18/91 231,527 11/03/92 1,729,405 Registered 20 United States 94455 08/25/92 308,341 05/18/93 1,771,503 Registered 21 United States 94456 08/25/92 308,342 10/26/93 1,800,817 Registered 24 United States 94457 07/17/92 296,168 03102193 1,755,482 Registered 25 United States 94458 07/03/91 182,028 03102193 1,755, 782 Registered 41 United States 96125 04126193 382,182 06/18/96 1,980,341 Registered 9 Warrior - Class 16 United States 95172 l 0/21/91 214,316 08118/92 1,708, 155 Registered 16,a Warrior - Class 20 United States 95173 10/21/91 213,530 08/18/92 1,708,236 Registered 20,a WBF United States 95180 09107190 094,607 06109192 1,693, 153 Registered 25 WBF (logo) - Class 41 United States 95186 10/09/90 103,888 07/20/93 1,783,648 Registered 41,a WBF - Class 41 United States 95184 07/31191 190,101 09121193 1,793,913 Registered 41,a What the World is Watching United States 94432 10/25/88 759,781 07/25/89 1,549,235 Registered 25 What the World is Watching - 16 United States 95202 10/02/89 828,844 07/24/90 1,607,449 Registered 16,a World Wrestling Federation United States 94471 06/03/83 428,666 01/29/85 1,317,318 Registered 41 United States 94433 05/19/88 729,304 11/07/89 1,564, 148 Registered 14, 16,6

9,18,20 24,25,28

Wrestlemania United States 94469 06/19/85 543,858 03/17/87 1,432,884 Registered 14, 16,25 United States 94434 04/26/93 382,184 11/22/94 1,863,534 Registered 9



Country Reference# Filed Appl# Regdt Reg# Status Classes Wrestlemania (stylized) United States 94470 11/29/91 226,108 09/15/92 1,716,716 Registered 41 Wrestlemanial 5.com (Internet) ( 1999) United States 97101-22 01120199 111, 111 01120199 1,111,111 Registered Wrestlemanial 5.net (Internet) ( 1999) United States 971 Ol-22A 01120199 111,111 01/20/99 1,111,111 Registered Wrestlemania16.com (Internet) (2000) United States 97101-25 01/20/99 111,111 01/20/99 1,111,111 Registered Wrestlemania 16.net (Internet) (2000) United States 97101-25A 01120199 111,111 01120199 1,111,111 Registered Wrestlemania2000.ne t (Internet) (2000) United States 97101-23 01/20/99 111,111 01120199 1,111,11 Registered Wrestlemaniaxv .com (Internet) (1999) United States 97101-21 01/20/99 111,111 01/20/99 1,111,111 Registered Wrestlemaniaxv.net (Internet) ( 1999) United States 97101-21A 01/20/99 111,111 01/20/99 1,111,111 Registered Wrestlemaniaxvi .com (Internet) (2000) United States 97101-24 01/20/99 111,111 01/20/99 1,111,111 Registered Wrestlemaniaxvi.net (Internet) (2000) United States 97101-24A 01/20/99 111,111 01/20/99 1,111,111 Registered Wrestling Spotlight United States 95642 11107/95 75/016,314 07127196 1,997, 196 Registered 41 United States 95666 10/20/95 75/008,745 08/27/96 1,997,145 Registered 16 WWF United States 94430 06/14/96 751119,400 01127/98 2,131,847 Registered 41 WWF :Logo United States 94431 05/19/88 729,298 01/02/90 1,574, 169 Registered 9,14,16

18,20,3 6

United States 94405 03/01/91 143,629 06130192 1,697, 715 Registered 25 United States 94472 06/13/83 429,787 07/09/85 1,348,618 Registered 41



Country Reference # Fi led Appl# Regdt Reg# Status Classes WWF Logo Superstars (2-D) United States 94619-1 07124197 751329,714 05126198 2,160,673 Registered 30 United States 94618-1 07124197 75/329,715 05126198 2,160,674 Registered 28 WWF Magazine -Class 16 United States 94435 09/29/88 754,787 08/08/89 1,550,936 Registered 16,a WWFMania& Design - Class 41 United States 95225 02/19/93 362,451 l l ll 6193 1,804,870 Registered 41,a WWF Monday Night Raw United States 95226 02122193 362,476 l l/02/93 1,802,373 Registered 41 WWF Primetime Wrestling 09129192 1,720,842 41 WWF Rampage -Class 41 United States 95230 02/19/91 139,888 12/01/92 1,737,784 Registered 41,a WWF Royal Rumble 12/06/88 1,515,888 WWF Saturday Night's Main - 41 United States 95232 04102192 261,922 04126194 1,832,936 Registered 41,a WWF Saturday's Night's Main Event United States 95233 02/10/92 244,361 06/08/93 1,775,526 Registered 41 WWF Superstars -Class 41 United States 94620 05126192 278,657 02/01/94 1,819,240 Registered 41,a WWF Superstars Logo United States 94621 05127192 280,290 08/31/93 1,790,329 Registered 16 WWF Wrestlefest -Class 41 United States 94622 02/04/91 135,938 06/29/93 1,779,853 Registered 41,a WWF Wrestling Challenge United States 94623 11108/89 837,006 07124190 1,607,742 Registered 41 WWF.com (Internet) United States 96665 01111/97 111,111 Registered a WWF .com (Internet) (also see file no. 96665) United States 97101-17 11111 /97 111,111 Registered



Country Reference# Filed Appl# Regdt Reg# Status Classes WWF canada.com (Internet) United States 97101-7 10/27 /98 111,111 Registered WWF europe.com (Internet) United States 97101-13 10/27/98 111,111 Registered WWFgermany.com (Internet) United States 97101-14 10/27/98 111,111 Registered WWFjapan.com (Internet) United States 97101-6 10/27/98 111,111 Registered WWFmiddleeast.com (Internet) United States 97101-8 10/27/98 111,111 Registered WWFuk.com (Internet) United States 97101-9 10/27/98 111,111 Registered Y okozuna - Class 41 United States 94625 09/28/92 318,311 03/29/94 l,829,032 Registered 41,a



EXHIBIT 2

UNREGISTERED WWFEI MARKS

Country Reference# Filed Appl# Regdt Reg# Status Classes 3: 16 Aguila Ahmed Johnson Animal of Legion of Doom United States 94545 08/14/90 087,790 Pending 25 Austin Austin 3:16 United States 98010 03/18/98 75/452,065 Pending 41 United States 98010-1 03/18/98 75/452,059 Pending 9 United States 98010-2 03/18/98 75/452,058 Pending 16 United States 98010-3 03/18/98 75/452,060 Pending 25 United States 98010-4 03/18/98 75/452,061 Pending 28 Big Boss Man United States 94500 12/07/92 337,577 Pending 28 Big Daddy Cool United States 94552 06104196 751114,249 Pending 41 Blond Myth United States 94548 01 /28/91 133,723 Pending 25 United States 94547 01/28/91 133,722 Pending 41 Bodybuilding Lifestyles United States 94560 02126190 032,203 Pending 9 United States 94564 07/24/91 188,073 Pending 41,a United States 94561 07/24/91 188, I 09 Pending 9,a United States 94563 02126190 032,228 Pending 41,a Brutus the Barber Beefcake - 28 United States 94581 05/06/91 163,653 Pending 28,a Bully United States 94583 09/16/91 203,515 Pending 41,a Cactus Jack Chainsaw Charlie Chaos Records United States 98155 08/24/98 75/541,524 Pending Chyna

Pl-453 I '.'9 01 EXHIBIT.----~-KIRKPATRICK & LOCKHART LLP


Country Reference# Filed Appl# Regdt Reg# Status Classes Class of 3:16 D-LO D.O.A. DX Degeneration X Del Wilkes Oink Disciples of the Apocalypse Do ink United States 95540 08/07/95 74/710,067 Pending 41 Double J Dude Love Duke Dumpster Elizabeth United States 94612 03/10/89 785,778 Pending 3,a Faarooq Feds (The) United States 96660-3 12104196 75/207,731 Pending 25 Flexing Dutchman -Class 25 United States 94658 01/28/91 133,957 Pending 25,a Flexing Dutchman -Class 41 United States 94659 01/28/91 133,956 Pending 41,a HBK Hakushi Hardcore Legends Hawk of Legion of Doom - CL25 United States 94684 08/14/90 087,783 Pending 25,a Head bangers The Heartbreak Kid Hulk Hogan - Class 25 United States 94702 10111/91 211,353 Pending 25,a Hulk Hogan - Class 28 United States 94703 10/15/91 212,250 Pending 28,a Hulkmania - Class 20 United States 94713 10/11/91 211,426 Pending 20,a



Country Reference# Filed Appl# Regdt Reg# Status Classes Hulkster - Class 16 United States 94715 03/07/91 145,441 Pending 16,a Hulkster - Class 25 United States 94716 10115/91 212,152 Pending 25,a Hulkster - Class 5 United States 94714 03/25/91 150,555 Pending 5,a Hulkster Rules -Class 25 United States 94717 10/15/91 212,174 Pending 25,a Hunter Hearst Helmsley Icopro Nu-Growth United States 94418 11/16/92 331,630 Pending 5,a JJ Kane Ken Shamrock King of Hearts Luna Macho King - Class 25 United States 95034 03102190 034,007 Pending 25,a Macho Man United States 94480 03/27/90 043,246 Pending 20,a Macho Man Randy Savage United States 94485 05/07/93 387,733 Pending 9,a Mark Mero Marlena Marvelous Marc Mero Massive Records United States 97120 08/24/98 75/541,526 Pending Mo sh New Age Outlaws Owen Hart United States 96680 03/13/97 75/256,838 Pending 28 Raw United States 95684-2 02/23/98 75/438,726 Pending 16 United States 95684-3 02/23/98 75/438,725 Pending 25 Raw is War Rocky Maivia Sable



Country Reference # Filed Appl# Regdt Reg# Status Classes Scoop Sullivan Shawn Michaels Shotggun Shotgun Saturday Night Slam Records United States 98156 08/24/98 75/541,522 Pending Slammers WWF Logo & Design United States 97116 04/02/98 75/461,448 Pending 28 Slammy United States 94449 01/26/96 75/049,039 Pending 41,a Smash Records United States 98154 08/24/98 75/541,525 Pending Squared Circle Records United States 98157 08/24/98 75/541,523 Pending Squared Circle Restaurant United States 98143 08/14/98 75/537,892 Pending Stone Cold Stone Cold Steve Austin Stone Cold University Sunday Night Heat United States 98145 11/06/98 75/583,917 Pending 41 Sunny Taka Michinoko The Black Heart The Blond Myth United States 94549 01128/91 133,724 Pending 16,a The Legion of Doom The Narcissist Lex Luger United States 94401 02101193 354,256 Pending 41 The Patriot The Rock



Country Reference# Filed Appl # Regdt Reg# Status Classes The Strip Club United States 98171 10/13/98 75/568846 Pending 9 United States 98171-1 10/13/98 75/568,845 Pending 16 United States 98171-2 10/13/98 75/568,844 Pending 25 United States 98171-3 10/13/98 75/568,843 Pending 28 United States 98171-4 10/13/98 75/568,846 Pending 41 The Strip Club with WWFLogo United States 98172 10/13/98 75/568,808 Pending 28 Thrasher Triple H Undertaker United States 94397 12/07/92 337,782 Pending 28 United States 95277 01/26/96 75/049,041 Pending 28 Vader United States 95766-1 03113/97 75/256,840 Pending 28 United States 95766 04/11/97 75/273,386 Pending 41 War Zone Records United States 98159 08/24/98 75/541,527 Pending Wrestling Cafe, WWFLogo United States 98144 08/14/98 75/537,894 Pending WWF & Scar Design United States 98135 09/03/98 75/547,304 Pending 9 United States 98135-1 09/03/98 75/547,305 Pending 16 United States 98135-4 09/11198 75/551,281 Pending 41 WWF (logo) In The House United States 95274 04126196 Pending 41 WWF Logo Attitude & Scar Stylized United States 98132 07/09/98 75/516,480 Pending 25 United States 98132-1 06/19/98 75/505,152 Pending 41 United States 98132-2 06/19/98 751505, 151 Pending 9 United States 98132-4 10/20/98 75/573,808 Pending 28 United States 98132-5 10/20/98 75/573,816 Pending 32 WWF Logo Home Video Logo United States 98128 05/28/98 75/492, 192 Pending 35 United States 98129 75/492, 194 Pending 9 WWFLogo Superstars United States 94624-1 08/19/97 75/343,617 Pending 03



Country WWFLogo Wrestlemania Cafe United States

Reference#

98149

Filed Appl# Regdt Reg# Status Classes

08/14/98 75/537,893 Pending



EXHIBIT 3

EXAMPLES OF WWFEI MERCHANDISE

Key chains and rings, phonograph records, audio and video cassettes, computer

games, plastic megaphones, foams, championship belts, action figures, dolls, bend-em'/stretch-

em' figures, stuffed animals, bears, pogs (mat caps and slammers), watches, stickers, tattoos,

book markers, book plates, books, blowouts, paper napkins, memo boards, posters, stationery-

type portfolios, calendars, trading cards, pens, pencils, magazines, decals, urns, footballs,

photographs, mugs, cups, sunglasses, umbrellas, backpacks, roll bags, plastic license plate

holders, seat cushions, non-metallic signs, flags, paper plates, paper cups, lunch boxes, water

bottles, insulated bottles, towels, shoes, bibs, pajamas, t-shirts, jerseys, sweatshirts, ties, caps,

hats, sweaters, fleece warm-up pants and jacket, sport shirts, headbands, sweatbands, belts,

bandannas, puzzles, board games, workout sets, exercise equipment barbells, dumbbells, hand

grips, sweatbands, wristbands, charts, balloons, ice cream bars, video cassette tapes, audio

cassette tapes, compact discs, laser discs, motion picture film, computer software, and credit

cards.

Pl-453275.01 EXHIBIT_3 __ KIRKPATRICK & LOCKHART LLP


EXHIBIT4

WWF EVENT SCHEDULE

DATE CITY VENUE EVENT NAME

4/24/99 New York City, NY Madison Square Garden

4/25/99 Providence, RI In Your House 4/26/99 Hartford, CT Raw is War 4/27/99 New Haven, CT Raw is War 5101199 Anaheim, CA 5102199 San Diego, CA 5/07/99 Ft. Myers, FL 5/08/99 Tampa, FL 5109199 Jacksonville, FL Sunday Night Heat 5110/99 Orlando, FL Raw is War 5111/99 Sunrise, FL Raw is War 5112/99 Tallahassee, FL 5113/99 Hershey, PA 5/14/99 Philadelphia, PA 5115199 Baltimore, MD 5116199 Richmond, VA 5122199 Rosemont, IL 5123199 Kansas City, MO Kemper Arena In Your House 5124199 St. Louis, MO Raw is War 5125199 Moline, IL Raw is War 5126199 Peoria, IL 6105199 Springfield, MA 6/06/99 Long Island, NY Nassau Coliseum Sunday Night Heat 6/07/99 Boston, MA Raw is War 6/08/99 Worcester, MA Raw is War 6/09/99 Portland, ME 6/10/99 Lowell, MA 6/11/99 Detroit, MI 6/12/99 Pittsburgh, PA 6113199 Cleveland, OH 6/18/99 Dallas, TX 6119199 Houston, TX 6120199 Nashville, TN Sunday Night Heat 6/21/99 Memphis, TN Raw is War

Pl-453295.01 EXH I 8 IT._____.lj_ KIRKPATRICK & LOCKHART LLP



6126199 New York City, NY Madison Square Garden

6127199 Greensboro, NC King of the Ring 6/28/99 Charlotte, NC Raw is War 6129199 Fayetteville, NC Raw is War 6130199 Florence, SC 7101199 Columbia, SC 7102199 N. Charleston, SC 7/03/99 San Antonio, TX 7104199 Austin, TX 7109199 Philadelphia, PA 7/10/99 Evansville, IN 7/11/99 Indianapolis, IN Sunday Night Heat 7112199 Louisville, KY Raw is War 7113199 Lexington, KY Raw is War 7114199 Dayton, OH 7115199 Fresno, CA 7 /16/99 San Jose, CA 7/17/99 Anaheim, CA 7/18/99 Bakersfield, CA 7125199 Buffalo, NY In Your House 7/26/99 Cleveland, OH Raw is War 7127199 Columbus, OH Raw is War 7129199 Baltimore, MD 7130199 Providence, RI 7/31/99 Meadowlands, NJ Continental Airlines

Arena 8/5/99 Paramount's King

Dominion, VA 8/6/99 Washington, DC MCI Center 8/7/99 Pittsburgh, PA 8/8/99 Detroit, MI Sunday Night Heat 8/9/99 Chicago, IL Raw is War 8/10/99 Milwaukee, WI Raw is War 8/13/99 Columbia, SC 8/14/99 St. Louis, MO 8/15/99 Peoria, IL 8/22/99 Minneapolis, MN Summerslam 8/23/99 Iowa City, IA Iowa State University Raw is War 8/24/99 Kansas City, MO Raw is War




8/28/99 New York, NY Madison Square Garden

8/29/99 Philadelphia, PA 8/30/99 Boston, MA Raw is War 8/31 /99 Worcester, MA Smackdown 914199 Rochester, NY 914199 Hyannis, MA 914199 Cohasset, MA 915199 Syracuse, NY 915199 Warwick, RI 916199 Hartford, CT Raw is War 917199 Albany, NY Smackdown 9/11/99 Salt Lake City, UT 9/12/99 San Diego, CA 9113199 Anaheim, CA Raw is War 9/14/99 Las Vegas, NV Smackdown 9/18/99 San Antonio, TX 9119199 Austin, TX 9120199 Houston, TX Raw is War 9/21/99 Dallas, TX Smackdown 9125199 Augusta, GA Augusta Civic Center 9126199 Charlotte, NC Unforgiven 9127199 Greensboro, NC Raw is War 9/28/99 Richmond, VA Smackdown 10/4/99 Meadowlands, NJ Continental Airlines Raw is War

Arena 10/5/99 Long Island, NY Nassau Coliseum Smackdown 10/6/99 Trenton, NJ 10/10/99 Miami, FL 10/10/99 Ft. Myers, FL 10/11 /99 Atlanta, GA Raw is War 10/12/99 Birmingham, AL Smackdown 10/16/99 Dayton, OH 10/17/99 Cleveland, OH No Mercy 10/18/99 Columbus, OH Raw is War 10/19/99 Louisville, KY Smackdown 10123/99 Chicago, IL 10/24/99 St. Louis, MO 10125199 Providence, RI Raw is War l 0126/99 Springfield, MA Smackdown




10/30/99 New York, NY Madison Square Garden

l 0/31/99 New Haven, CT 11/1/99 Washington, DC MCI Center Raw is War 11/2/99 Philadelphia, PA Smack down 1115/99 Lexington, KY 11/6/99 Raleigh, NC 1117/99 Hershey, PA 11/8/99 State College PA Penn State University Raw is War 11/9/99 Baltimore, MD Smackdown 11 /14/99 Detroit, MI Survivor Series 11115/99 Pittsburgh, PA Civic Arena Raw is War 11/16/99 Cincinnati, OH Smackdown 11/22/99 Buffalo, NY Raw is War 11 /23/99 Rochester, NY Smackdown 11/26/99 San Jose, CA 11/27/99 San Francisco, CA 11/27/99 Sacramento, CA l l/28/99 Bakersfield, CA 11129/99 Los Angeles, CA Staples Center Raw is War 11/30/99 Anaheim, CA Smackdown 12/4/99 New York, NY Madison Square

Garden 12/5/99 Hartford, CT 12/5/99 Albany, MA 12/6/99 Worcester, MA Raw is War 1217/99 Boston, MA Fleet Center Smackdown 12/12/99 Ft. Lauderdale, FL Arrnegeddon 12/13/99 Tampa, FL Raw is War 12/14/99 Tallahassee, FL Smackdown 12/20/99 Houston, TX Raw is War 12/21/99 Dallas, TX Smackdown 12/26/99 Charleston, NC 12/27/99 Greensboro, NC Raw is War 12/28/99 Raleigh, NC Smackdown 12/29/99 Nashville, TN 12/30/99 Memphis, TN 113100 Miami, FL Raw is War 114100 Orlando, FL Smackdown 1/8/00 Minneapolis, MN




119100 Kansas City, MO 1110100 St. Louis, MO Raw is War 1111100 Chicago, IL Smackdown 1/14/00 Grand Rapids, MI 1115100 E. Lansing, MI 1/16/00 Detroit, MI 1117100 New Haven, CT Raw is War 1 /18/00 Providence, RI Smackdown 1/23/00 New York, NY Madison Square Royal Rumble

Garden 1/24/00 Philadelphia, PA Raw is War 1/25/00 Baltimore, MD Smackdown 1/28/00 Indianapolis, IN 1129100 Cincinnati, OH 1130100 Cleveland, OH 1/31/00 Pittsburgh, PA Civic Arena Raw is War 2/1/00 State College, PA Penn State University Smackdown 215100 Lubbock, TX 216100 New Orleans, LA 217100 Dallas, TX Reunion Arena Raw is War 2/8/00 Austin, TX Smackdown 2/11/00 Denver, CO 2112100 San Diego, CA 2113100 Davis, CA 2/14/00 San Jose, CA Raw is War 2115100 Fresno, CA Smackdown 2119100 Knoxville, TN University of

Tennessee 2120100 Augusta, GA 2120100 Columbus, GA 2/21/00 Atlanta Raw is War 2/22/00 Nashville, TN Smack down 2123100 Little Rock, AR Alltel Arena 2127100 Hartford, CT No Way Out 2/28/00 New York, NY Madison Square Raw is War

Garden 2129100 Washington, DC MCI Center Smackdown 3/4/00 Wilkes-Barre, PA 315100 Trenton, NJ 316100 Springfield, MA Raw is War 317100 Boston, MA Fleet Center Smackdown




3112100 Albany, NY 3113100 Meadowlands, NJ Continental Airlines Raw is War

Arena 3114100 Long Island, NY Nassau Coliseum Smackdown 3119100 Moline, IL 3120100 Chicago, IL Raw is War 3121100 Milwaukee, WI Smackdown 3/24/00 Phoenix, AZ 3/25/00 Las Cruces, NM 3/26/00 Albuquerque, 3127100 Houston, TX Raw is War 3/28/00 San Antonio, TX Smackdown 4/2/00 Anaheim, CA WrestleMania




MIAMI DIVISION

WORLD WRESTLING FEDERATION ENTERTAINMENT, INC.,

Plaintiff,

v.

) ) ) ) ) ) )

PICASSO SILK SCREEN, INC., ) MARCELLE SIMON, CHAIM SIMON ) SIMON'S ISLAND, MR. BIG 305 ) INC., Ud/b/a MR. V'S SPORTSWEAR )

Civil Action No. -----

ALL-SPORT T-SHIRTS, SPORT ) Filed Under Seal SHOP, JOE'S T-SHIRTS, ORIGINAL ) SPORTSWEAR, NORR SPORTSWEAR ) OPA LOCKA- HIALEAH FLEA MARKET, ) VARIOUS JOHN AND JANE DOES ) VARIOUS XYZ CORPORATIONS, )

Defendants. ) )

DECLARATION OF JAMES K. BELL

I, James K. Bell, state that:

1. I am Senior Vice President, Licensing and Merchandising of

Plaintiff World Wrestling Federation Entertainment, Inc. ("VVWFEI"), d/b/a the World

Wrestling Federation, or 'NWF, located at 1241 East Main Street, Stamford Connecticut

06902, and am authorized to make this declaration, pursuant to F.R.C.P. Rule 65(b)

and 15 U.S.C. 1116(d), in support of Plaintiff's application for issuance of a

Temporary Restraining Order and Seizure Order without notice to Defendants.

2. I have worked at WWFEI in the licensing and merchandising

department for more than four (4) years, and have held the position of Senior Vice

EXH \ B \T __....;:;;;...._._


President, Licensing and Merchandising for two (2) years. As part of my

responsibilities, I am familiar with the sale of goods bearing the trademarks of WVVFEI.

WWFEI licenses out the right to print, manufacture, distribute, offer for sale and sell

merchandise bearing VVVVFEl's protected trademarks and service marks to a limited

number of entities, and I am aware at all times of the identities of each of these entities.

3. One of my principal duties as Senior Vice President, Licensing and

Merchandising of \f'N\/FEI is to oversee the sale of merchandise at each of the arenas

where WWFEI presents a live VVWF wrestling event. I directly supervise WVVF

personnel who travel from city to city along with the WVVF tour and attend each event.

4. For each live VWVF wrestling event, we coordinate in advance with

the merchandise manager at each facility. We discuss the merchandise and the market

and agree on the logistics of the merchandise sales for the particular event, such as the

number and location of the booths, number and location of personnel, how many of

each type of shirt or other merchandise to have on hand, whether and how much

security is needed for bootleg vendors, and other such information.

5. On the day of each event, we are present at the arena, we

coordinate and inspect the sales facilities and plan, and we oversee and monitor the

overall sales operation for VWVFEI. After the event we oversee the counting and

repackaging of the merchandise. I receive a detailed report regarding the foregoing

from my team of VWVF licensing and merchandising personnel following each live

event, and I coordinate with them our plans for the next live event.

6. At each event, we coordinate with any security officers hired by

V'v\IVFEI, and with local law enforcement officers, if available, regarding security against

2


unauthorized vendors, or bootleggers, who are selling, or bootlegging, unauthorized

WWFEI merchandise bearing counterfeit trademarks. Whether or not there is bootleg

security, my team, along with VWVFEl's security team, patrol and canvass the outside of

the arena, its parking lots, and surrounding areas before, during and after each event to

identity bootleggers and the counterfeit merchandise.

7. Because of the limited number of licensees who are authorized to

print, manufacture, distribute, offer for sale, and sell VWVFEI merchandise, my team,

along with VVWFEl's security team, can easily discern counterfeit merchandise bearing

inferior imitations of WWFEl's protected trademarks and service marks from authentic,

authorized merchandise.

8. Over the last twenty months, from April 1998 through to the

present, VVVVFEI has experienced one of the worst bootlegging problems I have seen.

WWFEI has observed individuals and entities distributing and selling counterfeit VINVF

merchandise at live \/IN\/F events throughout the United States, and we have also

discovered a number of individuals and entities manufacturing and/or distributing

counterfeit VVWF merchandise for retail sale.

9. From April, 1998 through November, 1999, VVWFEI saw extensive

bootlegging at VWVF events in Cincinnati, Ohio; Birmingham, Alabama; Detroit,

Michigan; Houston, Texas; Austin, Texas; San Antonio, Texas; Toronto, Canada;

Anaheim, California; San Francisco, California; Phoenix, Arizona; New York City, New

York; Long Island, New York; Meadowlands, New Jersey; Boston, Massachusetts;

Pittsburgh, Pennsylvania; Philadelphia, Pennsylvania; as well as at VWVF events in

many other cities.

3


10. I have learned from WWFEl's security team of actual and

suspected manufacturing and/or distribution of counterfeit VWVF merchandise in or near

Philadelphia, Pennsylvania; Long Island, New York; Houston, Texas; Chicago, Illinois,

and now central and southern Florida. In addition, WWFEl's security team is following

leads on suspected bootlegging activity in a number of other cities throughout the

United States.

11. At different live VVWF events in many different cities, my team of

V'M/F licensing and merchandising personnel inspected the unauthorized merchandise

sold by the bootleggers. According to my team, the design, materials, and quality of

most of the unauthorized merchandise being sold by the bootleggers was uniform from

event to event and city to city. Based upon the foregoing experience, I believe that the

unauthorized merchandise being sold from city to city all emanates from a limited

number of distinct manufacturers who distribute counterfeit merchandise for the express

purpose of selling it at live VWVF and other entertainment events.

12. At many of the WVVF events in the cities listed above, my team

frequently recognized the same individuals in different cities selling the same

unauthorized WVVFEI merchandise bearing counterfeit VVVVFEI trademarks.

13. At various \N\/\/F events over the past twenty months, VWVFEI has

witnessed extensive bootlegging. Working in connection with a trademark enforcement

team hired by WWFEI, and pursuant to federal court orders, VVVVFEI has effectuated

approximately 400 seizures and recovered over 12,000 items of counterfeit

merchandise bearing unauthorized imitations of VWVFEl's protected trademarks and

service marks. Based upon the reports I have received from WWFEl's security team. I

4


am convinced that a small number of individuals and entities follow the WWF tour from

city to city and venue to venue, distributing and selling counterfeit VWVF merchandise

likely acquired from common sources of manufacture.

14. WVVFEI is presently promoting and presenting a series of live V\IWF

events at arenas throughout the United States. The operation of the WWF events on

this tour includes offering for sale souvenirs, merchandise, and memorabilia bearing

trademarks and logos of VWVFEI.

15. The gross dollar volume of goods bearing said trademarks that will

be sold during this tour is expected to exceed one million dollars.

16. The gross sales value of counterfeit goods seized thus far, and

thus lost sales averted by VVWFEI, exceeds $200,000. The number and value of

counterfeit goods seized represents only a fraction of the number and value of

counterfeit items sold by bootleggers at live VWl/F events and various retail outlets

throughout the United States, and thus only a fraction of lost sales that WWFEI suffers

as a result of continued bootlegging.

17. It is common practice for trademark counterfeiters to station

themselves in the vicinity of live VWVF events and to sell goods bearing unauthorized

and counterfeit trademarks and service marks of WWFEI before, during, and after the

event. Based upon VV\NFEl's experience enforcing the Order of Seizure described in

paragraph 10 above, I expect trademark counterfeiters to continue selling unauthorized

goods in similar fashion throughout the remainder of the current series of live WNF

events, and I have no reason to believe that they will not continue to do so.

18. It is usual for the goods bearing counterfeit marks to be lower in

5


price and quality than goods bearing genuine marks.

19. Sales of goods bearing counterfeit marks reduce the demand for

genuine goods and result in lost sales to WVVFEI that can never be recouped because

(a) the counterfeiters have no regular place of business; and (b) the identity of itinerant

counterfeiters cannot readily be ascertained, and therefore said counterfeiters are not

subject to ordinary legal remedies.

20. If counterfeiters are permitted to manufacture, distribute, and sell

goods bearing counterfeit marks, VVWFEI will be irreparably harmed.

21. Unless goods bearing counterfeit marks and the means of making

them are seized from the possession of the counterfeiters, said goods will enter the

marketplace, to the permanent detriment of WWFEI.

22. If the counterfeiters are alerted to the existence of this action or

WWFEl's motion for a Temporary Restraining Order and ex parte Seizure Order, I

believe they will conceal or otherwise render the goods bearing counterfeit marks

inaccessible to the Court.

I declare under penalty of perjury that the foregoing is true and correct.

Executed this_//_ day of November, 1999.

~' d / ~-~>-~~ /{_ f/~_i;t__ ~

(,, James K. Bell '-------B'enior Vice President, Licensing and Merchandising

World Wrestling Federation Entertainment, Inc.

6



MIAMI DIVISION

WORLD WRESTLING FEDERATION ) ENTERTAINMENT, INC., )

) Plaintiff, ) Civil Action No.

) v. )

) PICASSO SILK SCREEN, INC., ) MARCELLE SIMON, CHAIM SIMON, ) SIMON'S ISLAND, MR. BIG 305, INC., ) t/d/b/a MR. V's SPORTSWEAR, ALL ) SPORT T-SHIRTS, SPORT SHOP, ) JOE'S T-SHIRTS, SARA SPORTSWEAR ) ORIGINAL SPORTSWEAR, TONY'S ) SPORT SHOP, NORR SPORTSWEAR, )

-----

OPA LOCKA - HIALEAH FLEA ) FILED UNDER SEAL MARKET, VARIOUS JOHN AND JANE ) DOES, AND VARIOUS XYZ ) CORPORATIONS, )

) Defendants. )

DECLARATION OF ROBERT F. MENKE

I, Robert F. Menke, state that:

1. I am President and Trademark Enforcement Coordinator of S.I. T.E. Associates,

Inc. ("SITE") and a Florida State Licensed Private Investigator. This declaration is submitted in

support of plaintiffs application for a temporary restraining order and order of seizure. All

statements contained herein are made on the basis of my personal knowledge, and I am compe-

tent to testify as to the truth of these statements if called upon to do so.

Ml-90430 01


2. Prior to becoming Trademark Enforcement Coordinator of SITE, I was Trademark

Enforcement Coordinator of Corporate Loss Prevention Associates, Inc., a licensed and bonded

New York State private investigative company. Including my tenure at CLP A, I have over eight-

een years' experience in trademark enforcement and anti-counterfeiting efforts.

3. SITE has been retained by World Wrestling Federation Entertainment, Inc.

("WWFEI"), the plaintiff in this action, to provide, and I have personally overseen and super-

vised, investigative services in connection with its trademark enforcement efforts for the current

World Wrestling Federation, or WWF, series of live events throughout the United States.

Introduction

4. I have participated in and supervised investigative and enforcement services to a

large number of trademark and service mark owners throughout the United States over the past

eighteen years. I have represented trademark holders such as FILA, National Basketball Asso-

ciation, New York Giants, Ralph Lauren, Polo, and many others. I have spent the better part of

the last 18 years investigating the individuals that participate in infringing and counterfeiting

trademarks and thereby have gained extensive knowledge of their methodologies.

5. WWFEI is currently promoting and presenting its I 999-2000 series of live WWF

events at arenas throughout the United States, which began with a showcase live event on Satur-

day, April 24, 1999, at Madison Square Garden in New York City. The operation of the WWF

events during this series, as in the past, will include offering for sale souvenirs, merchandise and

memorabilia bearing trademarks, service marks and logos of WWFEI (the "WWFEI Marks").

The WWF events in past series have attracted, and are certain to continue attracting. the attention

of dealers and vendors of merchandise bearing counterfeits of the WWFEI Marks.

2


6. During the past 20 years an illegal multi-million dollar industry has developed in

the United States involving the unlawful manufacture, distribution and sale of unauthorized mer-

chandise bearing counterfeit trademarks, service marks, trade names, and/or logos of sports

teams, sports events, music performers and other entertainment events, including specifically

merchandise relating to the World Wrestling Federation (hereinafter "Counterfeit Merchandise").

7. More specifically, there are individuals and groups (hereinafter "Counterfeiters")

who, without permission or authorization, misappropriate the WWFEI Marks for use on Counter-

feit Merchandise, which the Counterfeiters sell to the general public in order to cash in on the

enormous commercial value and goodwill contained in, and conveyed by, the WWFEI Marks.

8. The Counterfeiters are part of a network of illicit sales organizations consisting of

major manufacturers and wholesalers who distribute their Counterfeit Merchandise through hun-

dreds of retail outlets and street peddlers throughout the United States. Through my experience

conducting trademark enforcement programs, I have become familiar with the methods used by

Counterfeiters to manufacture, distribute and sell Counterfeit Merchandise.

9. The Counterfeiters who make and distribute Counterfeit Merchandise operate

Documents

WWF 1999 Lawsuit Against Fake T-shirts