Sunteți pe pagina 1din 19

1

IN THE UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF KANSAS

ADVANCED BASEBALL ACADEMY, LLC )
)
Plaintiff, )
)
v. ) Civil Action No.
)
GOOGLE, INC. )
)
and )
)
ALI SEELING, an individual d/b/a )
GOLDGLOVEKC d/b/a GOLD GLOVE )
BASEBALL AND SOFTBALL ACADEMY )
)
and )
)
CHAD ANDERSON, an individual d/b/a )
GOLD GLOVE BASEBALL AND )
SOFTBALL )
)
and )
)
GOLD LINE APPAREL LLC )
)
Defendants. )


FIRST AMENDED COMPLAINT

COMES NOW PLAINTIFF, Advanced Baseball Academy, LLC (ABA), for its First
Amended Complaint against Google, Inc., Ali Seeling d/b/a GoldGloveKC d/b/a Gold Glove
Baseball and Softball Academy, Chad Anderson d/b/a Gold Glove Baseball and Softball, and
Gold Line Apparel LLC and alleges as follows:

JURISDICTION AND VENUE
1. Plaintiff ABA is a Kansas limited liability company having its principal place of
Case 2:14-cv-02461-CM-GLR Document 7 Filed 10/22/14 Page 1 of 19

2
business in Paola, Kansas.
2. Upon information and belief, Google, Inc. (Google) is a Delaware corporation
with a principal place of business at 1600 Amphitheatre Parkway, Mountain View, CA, 94043.
3. Upon information and belief, Google is engaged in the business of providing
Internet Services to customers through the world including within this judicial district.
4. Upon information and belief, Ali Seeling (Seeling) is an individual doing
business under Gold Glove Baseball and Softball Academy located at 15585 S. Keeler, Olathe,
KS, 66062.
5. Upon information and belief, Chad Anderson (Anderson) is an individual
doing business under Gold Glove Baseball and Softball located at 15585 S. Keeler, Olathe, KS,
66062.
6. Upon information and belief, Gold Line Apparel LLC (GLA) is a Kansas
limited liability company with a principal place of business at 640 N. Pine Cir, Gardner, KS
66030.
7. Upon information and belief, GLA is engaged in the business of designing,
producing, and selling apparel within this judicial district.
8. This is an action for trademark infringement, false designation of origin, and
unfair competition, arising under the Lanham Act, 15 U.S.C. 1125, the statutory and common
law of the State of Kansas and for copyright infringement under 17 U.S.C. 501 et seq.
9. This Court has jurisdiction on over the subject matter of the complaint pursuant
to 15 U.S.C. 1121, 28 U.S.C 1331 and over the unfair competition cause of action under 28
U.S.C. 1138(b) and 28 U.S.C. 1367.
10. Furthermore, this Court has pendant jurisdiction of the common law trademark
Case 2:14-cv-02461-CM-GLR Document 7 Filed 10/22/14 Page 2 of 19

3
infringement claims pursuant to 28 U.S.C. 1338(b) since this claim is joined with substantial
and related claims under the Lanham Act and Copyright laws.
11. Upon information and belief, this Court has personal jurisdiction over Seeling
and Anderson as they reside and conduct business throughout the State of Kansas, both of
which are residents within this jurisdiction. Additionally, this Court has personal jurisdiction
over GLA and Google as they conduct business throughout the state of Kansas, which is within
this jurisdiction. Venue is proper in this district pursuant to 28 U.S.C. 1391 & 1400 because
Defendants conduct business within the judicial district, they or their agents or affiliates can be
found in this judicial district and acts giving rise to this complaint are believed to have occurred
within this judicial district.

FACTS COMMON TO ALL COUNTS
ABAs Background
12. ABA operates a baseball and softball coaching and training facility under the
name Gold Glove Boot Camp and maintains a website located at the URL
www.goldglovebootcamp.com for the promotion and sale of training camps. A screen shot is
attached as Exhibit C. ABAs coaches have spent over two decades providing baseball and
softball services, namely, camps and individual athlete and team coaching services. ABAs
coaches are considered to be some of the best in the state of Kansas and are often sought after
by individuals and teams looking for someone with baseball and softball expertise, who can
provide baseball and softball camps and coaching services. ABAs baseball and softball camps
and coaching services constitute a substantial and important part of ABAs business.
13. ABA actively and prominently promotes its services in Kansas and Missouri
Case 2:14-cv-02461-CM-GLR Document 7 Filed 10/22/14 Page 3 of 19

4
using a stylized Double G mark in its advertisements, including, but not limited to, online
advertisements, print advertisements and business cards.
14. ABA actively and prominently promotes its services in Kansas using the term
GOLD GLOVE BOOT CAMP which serves as a word mark (ABA WORD MARK). ABA
began using the ABA WORD MARK at least as early as 2012.
15. ABAs stylized mark serves as its logo in its advertising and promotional
materials. ABAs logo is unique and distinctive logo formed with a pair of mirrored Gs using a
yellow color (ABA LOGO MARK). ABA actively and prominently promotes its services in
Kansas and Missouri using its distinctive logo.
16. ABA has used the ABA WORD MARK substantially and continuously prior to
use by Seeling, Anderson, and GLA. ABA has expended substantial amounts of money
promoting the ABA WORD MARK and as such, the ABA WORD MARK serves to identify
ABA as the source of services bearing the marks.
17. The ABA WORD MARK serves as its common law trademark in its advertising
and promotional materials. ABA actively and prominently promotes its services in Kansas and
throughout the U.S. using its word mark.
18. ABA has used the ABA LOGO MARK substantially and continuously prior to
use by Seeling, Anderson, and GLA. ABA has expended substantial amounts of money
promoting the ABA LOGO MARK and as such, the ABA LOGO MARK serves to identify
ABA as the source of services bearing the marks.
19. ABA has applied for a federal copyright registration for its artwork associated
with the ABA LOGO MARK. A copy of the copyright application is attached as Exhibit A.
20. ABA has a federal trademark application for its ABA LOGO MARK which was
Case 2:14-cv-02461-CM-GLR Document 7 Filed 10/22/14 Page 4 of 19

5
filed on September 1, 2014 and is presently pending as serial number 86/382,140.
21. ABA used the TM identifier in connection with its ABA LOGO MARK on its
website and print material, and based upon information and belief, that use was made known to
Seeling, Anderson, and GLA prior to their use of the ABA LOGO MARK.

Seelings and Andersons Conduct
22. Upon information and belief, defendant Seeling and defendant Anderson
(collectively referred to as Gold Glove Defendants) acted in concert while doing business under
their respective d/b/as. Gold Glove Baseball and Softball Academy and Gold Glove Baseball
and Softball are one in the same.
23. Upon information and belief, Gold Glove Defendants started doing business on or
around November of 2013. Gold Glove Defendants services are identical or nearly identical to
those of ABA. For instance, Gold Glove Defendants offer baseball and softball camps and
coaching services. Gold Glove Defendants services, however, are less expensive and are a lower
quality.
24. Gold Glove Defendants are promoting their services in Kansas using the ABA
LOGO MARK in their advertisements, including, but not limited to, online, print and
promotional materials. A copy of Gold Glove Defendants website is attached as Exhibit D.
25. Gold Glove Defendants are also promoting their services in Kansas and around the
U.S. using the term Gold Glove KC (the FIRST COPIED MARK) in their advertisements,
including, but not limited to, online, print and promotional materials, in connection with the same
services as ABA, the FIRST COPIED MARK being confusingly similar to the ABA WORD
MARK.
Case 2:14-cv-02461-CM-GLR Document 7 Filed 10/22/14 Page 5 of 19

6
26. Gold Glove Defendants are also promoting their services in Kansas and around the
U.S. using the term GOLD GLOVE ACADEMY (the SECOND COPIED MARK) which is
confusingly similar to the ABA WORD MARK in their advertisements, including but not limited
to, online, print, and promotional materials.
27. In fact, Gold Glove Defendants filed a service-mark application with State of
Kansas Office of the Secretary of State for the SECOND COPIED MARK on September 26,
2014, which was after the date the original Complaint was served on Seeling. A screenshot from
the State of Kansas Office of the Secretary of States website showing the Trademark / Service-
Mark Search Details for the SECOND COPIED MARK is attached as Exhibit E.
28. Amongst other things, Exhibit E shows that the date of first use in both Kansas
and elsewhere for the SECOND COPIED MARK was November 23, 2013, which is subsequent
to ABAs first use of the ABA WORD MARK.
29. ABA actively and prominently promotes its services in Kansas using the ABA
LOGO MARK and the ABA WORD MARK (ABA MARKS).
30. Prior to filing the present litigation and in an effort to resolve the parties dispute,
ABA sent Seeling a letter to try and amicably resolve the matter. Seeling, however, did not reply
to ABAs letter. A copy of the returned card is attached as Exhibit B.
31. In further attempt to resolve the present dispute, ABA sent a DMCA takedown
request using the DMCA take down form at Google.com. Google has failed to respond to the take
down request.

GLAs Conduct
32. Upon information and belief, GLA began doing business on or around January of
Case 2:14-cv-02461-CM-GLR Document 7 Filed 10/22/14 Page 6 of 19

7
2014.
33. According to GLAs website, GLA offers a variety of professional services
including screen print, heat press, and embroidery for all the apparel needs of its customers.
Relevant portions of GLAs website are attached as Exhibit F.
34. GLAs website further states, that GLA is owned and operated by Gold Glove
Defendants. See Exhibit F.
35. Upon information and belief, GLA manufactured goods including but not limited
to, hats, shirts, and bumper stickers that bear the ABA LOGO MARK, the FIRST COPIED
MARK, and the SECOND COPIED MARK (Infringing Goods). Examples of the goods are
attached as Exhibit G.
36. Upon information and belief, GLA and Gold Glove Defendants acted in concert to
create the Infringing Goods.
37. Upon information and belief, GLA knew that the Infringing Goods were
confusingly similar to the ABA MARKS.
38. Upon information and belief, GLA knew that Gold Glove Defendants intended to
use the Infringing Goods to promote and advertise their services.
39. Upon information and belief, GLA knew that Gold Glove Defendants use of the
Infringing Goods would cause confusion to consumers.
40. Upon information and belief, Gold Glove Defendants used and continue to use the
Infringing Goods in connection with and to promote their services, which confused and continues
to confuse consumers.
41. The consumer confusion caused by the Infringing Goods manufactured by GLA
has harmed and continues to harm ABA.
Case 2:14-cv-02461-CM-GLR Document 7 Filed 10/22/14 Page 7 of 19

8
42. The consumer confusion caused by Gold Glove Defendants use of the Infringing
Goods has harmed and continues to harm ABA.

COUNT 1 TRADEMARK INFRINGEMENT
15 U.S.C. 1125

43. ABA incorporates by reference the allegations of each of the above paragraphs as
if fully set forth herein.
44. ABA has adopted and used the ABA MARKS as its trademarks.
45. Gold Glove Defendants use of the ABA LOGO MARK, the FIRST COPIED
MARK, the SECOND COPIED MARK to identify their baseball and softball services constitutes
use and colorable imitation of the ABA MARKS and is likely to cause or has caused confusion,
mistake, or deceived the purchasing public into believing that the services of Gold Glove
Defendants emanate from the same source as the services provide by ABA, or that there is some
connection, sponsorship, or affiliation between the services of Gold Glove Defendants and ABA.
46. GLAs use of the ABA LOGO MARK, the FIRST COPIED MARK, the
SECOND COPIED MARK to create the Infringing Goods in concert for Gold Glove Defendants
constitutes use and colorable imitation of the ABA MARKS and is likely to cause or has caused
confusion, mistake, or deceived the purchasing public into believing that the services of Gold
Glove Defendants emanate from the same source as the services provide by ABA, or that there is
some connection, sponsorship, or affiliation between the services of Gold Glove Defendants and
ABA.
47. Gold Glove Defendants and GLAs conduct constitutes an infringement of the
ABA MARKS and is actionable under the provisions of 15 U.S.C. 1125.
48. Upon information and belief, Gold Glove Defendants and GLAs conduct has
Case 2:14-cv-02461-CM-GLR Document 7 Filed 10/22/14 Page 8 of 19

9
been, or at least continues, with the intent to willfully appropriate the marks and goodwill of
ABA and to intentionally deceive the purchasing public.
49. Gold Glove Defendants were aware of ABAs rights and still applied for a
Kansas State Trademark and did so with the intent to willfully appropriate the marks and
goodwill of ABA and to intentionally deceive the purchasing public.
50. Gold Glove Defendants and GLA are aware of the prior rights of ABA and will
continue their conduct as set forth above to the irreparable damage of ABA unless enjoined by
the court, whereby ABA is without a full and adequate remedy at law.

COUNT 2 CONTRIBUTORY TRADEMARK INFRINGEMENT
15 U.S.C. 1125

51. ABA incorporates by reference the allegations of each of the above paragraphs as
if fully set forth herein.
52. This Count is pleaded in the alternative to Count 1 against GLA.
53. Defendant GLA has provided means by which Gold Glove Defendants have
infringed ABAs rights in the ABA MARKS.
54. GLA has knowledge of ABAs pending registration application with the U.S.
Patent and Trademark Office in the ABA LOGO MARK.
55. Notwithstanding this knowledge, Gold Glove Defendants applied for a Kansas
State Trademark and GLA continues to manufacture goods for Gold Glove Defendants that use
the ABA MARKS in a manner which infringes ABAs rights in its trademarks.



Case 2:14-cv-02461-CM-GLR Document 7 Filed 10/22/14 Page 9 of 19

10
COUNT 3 TRADEMARK INFRINGEMENT
15 U.S.C. 1125

56. ABA incorporates by reference the allegations of each of the above paragraphs as
if fully set forth herein.
57. This count is pled against Defendant Google.
58. Google exercises dominion and control over the websites it hosts including
www.goldglovekc.com and thus exercises dominion and control over Gold Glove Defendants
use of the ABA LOGO MARK, the FIRST COPIED MARK, and the SECOND COPIED MARK
on their website.
59. Notwithstanding Googles ability to terminate Gold Glove Defendants ability to
use the ABA LOGO MARK, the FIRST COPIED MARK, and the SECOND COPIED MARK
on their website, and despite ABAs demand that Google do so, Google has failed to takedown
the infringing content on Gold Glove Defendants website.
60. Googles website hosting system allows for the contents of every hosted website
to be available to anyone with access to the internet. Hence, with full knowledge of ABAs rights
in the ABA MARKS, and over its request to cease and remove the infringing contents, Google
continues to deliver and make the infringing content available to everyone and thus infringes
ABAs rights in the ABA MARKS.
61. The damage suffered by ABA as a result of Googles infringement of ABAs
rights in the ABA MARKS is irreparable and continuing.
62. Upon information and belief, such conduct of Defendant Google is ongoing and
will continue to irreparable damage to ABA, unless enjoined by the court, whereby ABA is
Case 2:14-cv-02461-CM-GLR Document 7 Filed 10/22/14 Page 10 of 19

11
without a full and adequate remedy at law.

COUNT 4 CONTRIBUTORY TRADEMARK INFRINGEMENT
15 U.S.C. 1125

63. ABA incorporates by reference the allegations of each of the above paragraphs as
if fully set forth herein.
64. This Count is pleaded in the alternative to Count 3 against Defendant Google.
65. Defendant Google has provided the means on the Internet by which Gold Glove
Defendants have infringed ABAs rights in the ABA MARKS.
66. Google has knowledge of ABAs registration application with the U.S. Patent and
Trademark Office in the ABA LOGO MARK.
67. Notwithstanding this knowledge, defendant Google continues to host Gold Glove
Defendants website that uses the ABA LOGO MARK in a manner which infringes ABAs rights
in the ABA LOGO MARK.

COUNT 5 FALSE DESIGNATION OF ORIGIN
15 U.S.C. 1125

68. ABA incorporates by reference the allegations of each of the above paragraphs
as if fully set forth herein.
69. Gold Glove Defendants conduct as recited herein, including their use of names
and marks on and in connection with baseball and softball services as printed on their
advertising, promotion and rendering of their services, constitutes a false designation of origin
in that the use of the ABA LOGO MARK, the FIRST COPIED MARK, and the SECOND
Case 2:14-cv-02461-CM-GLR Document 7 Filed 10/22/14 Page 11 of 19

12
COPIED MARK in connection with the services of Gold Glove Defendants, is likely to cause
confusion, to cause mistake, or to deceive others as to the affiliation, connection, or association
of Gold Glove Defendants with ABA, or as to the origin, sponsorship, approval of their services
and commercial activities by ABA and thus constitutes a violation of 15 U.S.C. 1125(a).
70. GLAs conduct as recited herein, including its use of names and marks on the
Infringing Goods for Gold Glove Defendants to use in connection with baseball and softball
services as printed on their advertising, promotion and rendering of their services, constitutes a
false designation of origin in that the use of the ABA LOGO MARK, the FIRST COPIED
MARK, and the SECOND COPIED MARK in connection with the services of Gold Glove
Defendants, is likely to cause confusion, to cause mistake, or to deceive others as to the
affiliation, connection, or association of Gold Glove Defendants with ABA, or as to the origin,
sponsorship, approval of their services and commercial activities by ABA and thus constitutes a
violation of 15 U.S.C. 1125(a).
71. Upon information and belief, such conduct is willful and intentional with the
purpose of misleading the public into believing that the services of Gold Glove Defendants are
in some way sponsored by, affiliated with, or connected to the services provided by ABA under
its ABA marks, all of which are contrary to fact.
72. Upon information and belief, such conduct of Gold Glove Defendants and GLA
is ongoing and will continue to irreparable damage to ABA, unless enjoined by the court,
whereby ABA is without a full and adequate remedy at law.

COUNT 6 UNFAIR COMPETION
15 U.S.C. 1125

73. ABA incorporates by reference all allegations of each of the above paragraphs as
Case 2:14-cv-02461-CM-GLR Document 7 Filed 10/22/14 Page 12 of 19

13
if fully set forth herein.
74. ABA has and currently uses the ABA MARKS to identify itself as the source of
its baseball and softball services.
75. As a result of the facts alleged above, Gold Glove Defendants have copied the
ABA MARKS, which are associated with and are in indication of the source of origin of ABAs
services. The marks as used by ABA have acquired a substantial and favorable reputation and
goodwill in connection with the services offered by ABA, which Gold Glove Defendants have
benefited from in connection with their baseball and softball services.
76. Upon information and belief, Gold Glove Defendants continued unauthorized use
of the ABA LOGO MARK, the FIRST COPIED MARK, and the SECOND COPIED MARK in
their advertising is likely to and is intended to cause confusion or mistake or to deceive as to the
affiliation, connection or association between Gold Glove Defendants and ABA as to the possible
origin, sponsorship or approval of Gold Glove Defendants services by ABA.
77. Gold Glove Defendants use of the ABA LOGO MARK, the FIRST COPIED
MARK, and the SECOND COPIED MARK are a misrepresentation that Gold Glove Defendants
are affiliated with ABA, which constitutes unfair competition with ABA.
78. Gold Glove Defendants are continuing and upon information and belief, are likely
to continue their course of unfair competition, to the irreparable damage of ABA and in
consequence thereof, unless Gold Glove Defendants are restrained and enjoined ABA will suffer
further and irreparable damage for which ABA has no full and adequate remedy at law.



Case 2:14-cv-02461-CM-GLR Document 7 Filed 10/22/14 Page 13 of 19

14
COUNT 7 COPYRIGHT INFRINGEMENT
17 U.S.C. 501

79. ABA incorporates by reference the allegations of each of the above paragraphs as
if fully set forth herein.
80. ABA has applied for a federal copyright for its artwork entitled
www.goldglovebootcamp.com electronic copyright claim No. 1-1712218391, filed on September
1, 2014.
81. Gold Glove Defendants and GLA infringe ABAs copyright through the unlawful
reproduction, display and distribution thereof.
82. To the extent that Gold Glove Defendants and GLA do not acknowledge copying
ABAs artwork, Gold Glove Defendants and GLA have access to ABAs artwork by way of
ABAs widespread advertisements featuring ABAs artwork, and the artwork used by Gold Glove
Defendants and GLA is substantially similar to ABAs artwork.
83. Defendant Google hosts Gold Glove Defendants website and has failed to
respond to ABAs DMCA takedown request.
84. This failure is not in compliance with the DMCA Safe Harbor requirements and
therefore, Google is liable for its infringing acts.
85. To the extent Google does not acknowledge copying of ABAs artwork, Google
has access to ABAs artwork by way of ABAs widespread advertisements on the Internet
featuring ABAs artwork and also has access through Gold Glove Defendants as their website
contains ABAs artwork.
86. Google has unlawfully reproduced ABAs artwork by storing, transmitting and
making available ABAs artwork at the website located at www.goldglovekc.com using Googles
Case 2:14-cv-02461-CM-GLR Document 7 Filed 10/22/14 Page 14 of 19

15
servers to unlawfully display ABAs artwork to the public via the Internet.
87. Upon information and belief, the infringing acts of Defendants were willful and
intentional.
88. Gold Glove Defendants and GLA are continuing and on information and belief,
are likely to continue their course of infringement, to the irreparable damage of ABA, and in
consequence thereof, unless Gold Glove Defendants and GLA are restrained and enjoined, ABA
will suffer further and irreparable damage for which ABA has no full adequate remedy at law.

COUNT 8 VICARIOUS LIABILITY FOR COPYRIGHT INFRINGEMENT


89. ABA incorporates by reference the allegations of each of the above paragraphs as
if fully set forth herein.
90. Googles failure to comply with the DMCA Safe Harbor requirements prevents
Google from being shielded of liability for the infringing acts of Gold Glove Defendants.
91. Google had and continues to have the option and ability to supervise the infringing
acts of Gold Glove Defendants.
92. Google had and continues to have a direct financial interest in and continues to
receive a direct financial benefit from the infringing activities alleged herein including payments
for hosting Gold Glove Defendants website which displays the infringing materials.
93. Upon information and belief, Googles acts of infringement were willful and
intentional.
94. Upon information and belief, Google is likely to continue its course of
infringement, to the irreparable damage of ABA, and in consequence thereof, unless Google is
restrained and enjoined ABA will suffer further and irreparable damage for which ABA has no
Case 2:14-cv-02461-CM-GLR Document 7 Filed 10/22/14 Page 15 of 19

16
full adequate remedy at law.

COUNT 9 TRADEMARK INFRINGEMENT UNDER KANSAS
COMMON LAW, KSA 81-213, AND KSA 81-214

95. ABA incorporates by reference the allegations of each of the above paragraphs as
if fully set forth herein.
96. ABA has adopted and used the ABA MARKS as its trademarks.
97. Gold Glove Defendants use of the ABA LOGO, the FIRST COPIED MARK,
and the SECOND COPIED MARK to identify their baseball and softball services constitutes use
and colorable imitation of the ABA MARKS, and is likely to cause or has caused confusion,
mistake, or deceived the purchasing public into believing that the services of Gold Glove
Defendants emanate from the same source as the services provided by ABA, or that there is some
connection, sponsorship, or affiliation between the services of Gold Glove Defendants and ABA.
98. GLAs use of the ABA LOGO, the FIRST COPIED MARK, and the SECOND
COPIED MARK to create the Infringing Goods in concert for Gold Glove Defendants constitutes
use and colorable imitation of the ABA MARKS, and is likely to cause or has caused confusion,
mistake, or deceived the purchasing public into believing that the services of Gold Glove
Defendants emanate from the same source as the services provide by ABA, or that there is some
connection, sponsorship, or affiliation between the services of Gold Glove Defendants and ABA.
99. Gold Glove Defendants and GLAs conduct constitutes an infringement of the
ABA MARKS and is actionable under the statutory and common law of the State of Kansas.
100. Upon information and belief, Gold Glove Defendants and GLAs conduct has
been, or at least continues, with the intent to willfully appropriate the marks and goodwill of
Case 2:14-cv-02461-CM-GLR Document 7 Filed 10/22/14 Page 16 of 19

17
ABA and to intentionally deceive the purchasing public.
101. Gold Glove Defendants and GLA are aware of the prior rights of ABA and will
continue their conduct as set forth above to the irreparable damage of ABA unless enjoined by
the court, whereby ABA is without a full and adequate remedy at law.

COUNT 10 UNFAIR COMPETITION UNDER KANSAS COMMON LAW


102. ABA incorporates by reference the allegations of each of the above paragraphs as
if fully set forth herein.
103. Gold Glove Defendants conduct constitutes unfair competition under the
common law of Kansas by a deliberate course of conduct, all without authorization, license,
privilege or justification.
104. Gold Glove Defendants actions constitute unfair competition under Kansas law,
which has caused injury to ABA.

PRAYER FOR RELIEF

WHEREFORE, ABA demands a judgment against Defendants and prays that this Court
will:
a. Permanently enjoin Gold Glove Defendants, its agents, servants, employees, and
attorneys and all persons in active concert or participation with them or acting for,
with, by, through, or alone or in association with other terms; from unfair
competition with ABA; from falsely designating the origin of Gold Glove
Defendants services; and from infringing ABAs copyrights and trademark rights.
b. Grant to ABA an award and accounting of Gold Glove Defendants, any damages
sustained by ABA, and that all profits or damages to be trebled, the cost of this
Case 2:14-cv-02461-CM-GLR Document 7 Filed 10/22/14 Page 17 of 19

18
action, and ABAs attorneys fees, pursuant to 15 U.S.C. 1117, and/or 17 U.S.C.
502-503.
c. Award punitive damages for Gold Glove Defendants acts of unfair competition.
d. Permanently enjoin Defendant Google and GLA, their agents, servants, employees,
and attorneys and all persons in active concert or participation with them or acting
for, with, by, through, or alone or in association with other terms; from unfair
competition with ABA; from falsely designating the origin of Gold Glove
Defendants services; and from infringing ABAs copyrights and trademark rights.
e. Grant to ABA an award and accounting of Defendant Googles and GLAs profits,
any damages sustained by ABA, and that all profits or damages to be trebled, the
cost of this action, and ABAs attorneys fees, pursuant to 15 U.S.C. 1117, and/or
17 U.S.C. 502-503.
f. Grant to ABA an award of actual damages suffered by ABA and any additional
profits of Defendants as a result of all Defendants infringement of ABAs
copyrights and trademark rights pursuant to 15 U.S.C. 1117, and/or 17 U.S.C.
502-503 and 504(a) and (b).
g. Order Defendants to jointly and severally pay the actual damages suffered by ABA
and any additional profits of Defendants as a result of Defendants infringement of
ABAs copyrights and trademark rights pursuant to 15 U.S.C. 1117, 17 U.S.C.
502-503 and 504(a) and (b), and/or the statutory and common law of the State of
Kansas.
h. Grant to ABA such further relief as may be equitable and proper.

Case 2:14-cv-02461-CM-GLR Document 7 Filed 10/22/14 Page 18 of 19

19
DESIGNATION OF PACE OF TRIAL

Plaintiff herby designates Kansas City, Kansas as the place of trial of the above-styled
matter.

REQUEST FOR JURY TRIAL

Plaintiff herby requests trial by jury of the above-styled matter.


Respectfully submitted,

By: s/Arthur K. Shaffer
Arthur K. Shaffer, #20609
Intellectual Property Center, LLC
7101 College Blvd., Suite 1520
Overland Park, KS 66210
Telephone: (913) 345-0900
Facsimile: (913) 345-0903


Attorney for Plaintiff
Advanced Baseball Academy, LLC

Case 2:14-cv-02461-CM-GLR Document 7 Filed 10/22/14 Page 19 of 19