Cinnabon Complaint

Case 2:19-cv-01855 Document 1 Filed 10/21/19 Page 1 of 11
1 F. Christopher Austin (Nevada Bar No. 6559)

caustin@weidemiller.com
2 WEIDE & MILLER, LTD.
10655 Park Run Drive, Suite 100
3 Las Vegas, NV 89144
Telephone: (702) 382-4804
4 Facsimile: (702) 382-4805
5 Attorney for Plaintiff Cinnabon Franchisor SPV LLC
6
UNITED STATES DISTRICT COURT
7
DISTRICT OF NEVADA
8
9 CINNABON FRANCHISOR SPV LLC, Case No.: 2:19-cv-1855

10 Plaintiff,
COMPLAINT
11 v.
Jury Demand
12 LIQUIDCHRONIC.COM, LLC,
13
Defendant.
14
15 Plaintiff alleges the following cause of action against Defendant:

16 INTRODUCTION
17 1. This is an action by Plaintiff Cinnabon Franchisor SPV LLC (“Plaintiff” or
18 “Cinnabon”) to recover damages arising from infringement of Plaintiff’s trademark CINNABON
19 by LiquidChronic.com, LLC (“Defendant” or “LiquidChronic”) and to enjoin Defendant’s future
20 infringement of Plaintiff’s CINNABON trademark. In support of its claims, Cinnabon alleges as
21 follows:
22 THE PARTIES
23 2. Plaintiff is a corporation organized and existing under the laws of the State of
24 Delaware with its principal place of business at 5620 Glenridge Drive, Atlanta, Georgia 30342.
25 3. Upon information and belief, Defendant is a limited liability company organized
26 and existing under the laws of the State of Nevada, with its principal place of business located at
27 3635 South Fort Apache Road, Bld. 200, #703, Las Vegas, Nevada 89147.
28 //
W EIDE & MILLER, LTD.
10655 PARK RUN DRIVE
SUITE 100 FCA-w-0982 1
LAS VEGAS,
NEVADA 89144
(702) 382-4804
1 JURISDICTION AND VENUE
2 4. Through this Complaint, Plaintiff asserts claims against Defendant that arise under
3 the Lanham Act of 1946, as amended, 15 U.S.C. § 1051, et seq.
4 5. The Court has original subject matter jurisdiction over Plaintiff’s federal claims
5 pursuant to 28 U.S.C. §§ 1331 and 1338(a) and 15 U.S.C. § 1121(a) because Plaintiff’s claims
6 arise under the Lanham Act, 15 U.S.C. § 1051, et seq.
7 6. Jurisdiction over the common law claim is also appropriate under 28 U.S.C. §
8 1367(a) because that claim is substantially related to the federal claims.
9 7. This Court also has jurisdiction over this case under 28 U.S.C. § 1332(a)(1)
10 because it is between citizens of different states and the amount in controversy exceeds seventy-
11 five thousand dollars ($75,000.00).
12 8. The Court has personal jurisdiction over Defendant in that Defendant resides in
13 this State; transacts business in this State; has its principal place of business in this State; and upon
14 information and belief, has sold, and is selling, its products to customers in this State; and
15 Defendant has substantial contacts with this State.
16 9. Venue is proper in the United States District Court for the District of Nevada, Las
17 Vegas division, pursuant to 28 U.S.C. §§ 1391(b)(1) because Defendant’s principal place of
18 business in this judicial district. Additionally, venue is proper in this judicial district under 28
19 U.S.C. §§ 1391(b)(2)-(3) because a substantial part of the events giving rise to the claims herein
20 occurred in this judicial district and because Defendant is subject to the Court’s personal
21 jurisdiction for the claims alleged herein.
22 BACKGROUND FACTS
23 10. Plaintiff franchises retail bakery stores featuring a variety of food and beverage
24 products, including notably cinnamon rolls, across the United States.
25 11. Since at least as early as 1985, Plaintiff, together with its licensees and franchisees,
26 has used the trademark CINNABON, and variations thereof, in connection with its various goods
27 and services.
28 12. Plaintiff owns the following U.S. trademark registrations which incorporate the
LAS VEGAS,
NEVADA 89144
(702) 382-4804
1 CINNABON mark:
2 Trademark Status Registration No. Registration Date

3 CINNABON Registered 1424169 06-Jan-1987
CINNABON Registered 2137495 17-Feb-1998
4 CINNABON WORLD Registered 2304346 28-Dec-1999
5 FAMOUS CINNAMON
ROLLS & Wave Design
6 CINNABON & Wave Design Registered 3061125 21-Feb-2006
CINNABON Registered 3074505 28-Mar-2006
7 CINNABON & Wave Design Registered 3197342 09-Jan-2007
8 CINNABON Registered 3218506 13-Mar-2007
9 CINNABON Registered 3360336 25-Dec-2007
CINNABON Registered 3397317 18-Mar-2008
10 CINNABON STIX Registered 3601985 07-Apr-2009
CINNABON Registered 3815170 06-Jul-2010
11 CINNABON Registered 3845532 07-Sep-2010
12 CINNABON DELIGHTS Registered 4522832 29-Apr-2014
13 CINNABON & Oblong Registered 4993466 05-Jul-2016
Design
14 CINNABON & Oblong Registered 5045563 20-Sep-2016
Design (in Color)
15 CINNABON Registered 5046697 20-Sep-2016
CINNABON & Oblong Registered 5433550 27-Mar-2018
16
Design
17
18 13. The word mark CINNABON as shown in U.S. Registration No. 1,424,169 is
19 hereinafter referred to as the “CINNABON Mark,” and the marks shown in the table above are
20 hereinafter collectively referred to as the “CINNABON Marks.” Attached as Exhibit A are true
21 and correct copies of certificates of registration for the CINNABON Marks.
22 14. All of the foregoing registrations for the CINNABON Marks are in full force and
23 effect, and Registration Nos. 1,424,169; 2,137,495; 2,304,346; 3,061,125; 3,074,505; 3,197,342;
24 3,360,336; 3,601,985 and 3,815,170 are incontestable under 15 U.S.C. § 1065.
25 15. Cinnabon also owns common law rights in the CINNABON Marks arising from
26 its use of this mark in connection with retail bakery services and baked goods, such as cinnamon
27 rolls, among other products and services.
28 16. The CINNABON Marks are inherently distinctive.

LAS VEGAS,
NEVADA 89144
(702) 382-4804
1 17. Plaintiff, through its licensees and franchisees, uses the CINNABON Marks in
2 more than 900 retail bakeries across the country.
3 18. Plaintiff also licenses or has licensed the use of its mark on various goods which
4 are offered to sale throughout the United States, including, without limitation, pre-packaged
5 bakery goods, frozen baked goods, dry mixes for bakery goods, popped popcorn, alcohol, air
6 fresheners, breakfast cereals and microwavable baked goods, among other goods.
7 19. The CINNABON Mark is famous by virtue of Plaintiff’s long-standing and
8 widespread use of said mark, and it became famous before Defendant initiate the unlawful
9 activities alleged below.

10 A. Defendant’s Unlawful Activities.
11 20. Upon information and belief, Defendant is sells e-liquids under various names and
12 brands which are used in electronic cigarette products.
13 21. Upon information and belief, Defendant uses the CINNABON mark in commerce
14 on two e-liquid products which are branded under the name CINNABON, one of which
15 purportedly incorporates cannabidiol (“CBD”) and one of which purportedly does not.
16 22. Defendant advertises and offers for sale at least six different products which are
17 advertised and branded under the CINNABON name, namely:
18 a. 15 ml CINNABON-branded e-liquid;
19 b. 30 ml CINNABON-branded e-liquid;
20 c. 100 ml CINNABON-branded e-liquid;
21 d. 15 ml CINNABON-branded e-liquid with CBD;
22 e. 30 ml CINNABON-branded e-liquid with CBD; and
23 f. 100 ml CINNABON-branded e-liquid with CBD.
24 23. The products identified in paragraph 22 above are hereinafter referred to as the
25 “Infringing Products.”
26 24. Defendant advertises the Infringing Products for sale on its website at
27 www.liquidchroniceliquid.com.
28 25. Defendant also uses the CINNABON mark on its website which is used to
LAS VEGAS,
NEVADA 89144
(702) 382-4804
1 advertise the sale of the Infringing Products.
2 26. Non-exhaustive examples of the Infringing Products as advertised for sale on
3 Defendant’s website are displayed below:
9
10
11
12
13
14
15
16
17
18
19
20
21 27. Upon information and belief, Defendant is targeting consumers which are familiar
22 with Plaintiff and the CINNABON Marks by referencing the CINNABON name and brand in its
23 advertisements.
24 28. Defendant’s use of the CINNABON mark and name is visually, phonetically and
25 connotatively identical and confusingly similar to Plaintiff’s CINNABON mark and the
26 CINNABON Marks generally.
27 29. Defendant’s use of the CINNABON mark is likely to cause confusion as to the
28 association, sponsorship, ownership, or affiliation between Defendant and Cinnabon, thereby

LAS VEGAS,
NEVADA 89144
(702) 382-4804
1 infringing Cinnabon’s rights in its CINNABON Marks, thereby damaging Cinnabon’s reputation
2 and goodwill.
3 30. Plaintiff, through its counsel, sent a letter to Defendant on February 20, 2019,
4 requesting that Defendant cease any and all use of the CINNABON Marks.
5 31. When Defendant failed to respond to Plaintiff’s February 20, 2019 letter,
6 Plaintiff’s counsel send another letter to Defendant on April 18, 2019.
7 32. When Defendant failed to respond to either of Plaintiff’s letters, Plaintiff’s counsel
8 contacted Defendant by phone on April 30, 2019, in which call Defendant agreed to provide a
9 substantive response to Plaintiff’s letters.

10 33. Defendant did not, however, provide any response.
11 34. Plaintiff sent a third letter to Defendant on June 5, 2019, but yet again, Defendant
12 did not respond.
13 35. In and around May 2019 and June 2019, Plaintiff’s counsel attempted to contact
14 Defendant by phone numerous times, but Defendant did not answer.
15 36. To date, Defendant has not provided a substantive response to any of Plaintiff’s
16 letters and requests for Defendant to cease using the CINNABON Mark, and Defendant continues
17 to use the CINNABON Mark despite Plaintiff’s demands.
18 37. Upon information and belief, Defendant’s willfully and knowingly adopted, used
19 and continues to use the CINNABON mark with knowledge of Plaintiff’s rights in the
20 CINNABON Marks.
21 38. Upon information and belief, Defendant uses, intends to use, and continues to use
22 the CINNABON mark without Plaintiff’s authorization, thereby confusing consumers as to the
23 source of Defendant’s goods and services and resulting in damage and detriment to Plaintiff and
24 its reputation and goodwill.
25 FIRST CLAIM FOR RELIEF

Federal Trademark Infringement
26 (15 U.S.C. § 1114)
27
39. Plaintiff realleges the allegations contained in the preceding paragraphs of this
28
LAS VEGAS,
NEVADA 89144
(702) 382-4804
1 Complaint as though fully set forth herein.
2 40. Defendant’s actions described above and specifically, without limitation, its
3 unauthorized use of a mark which is identical and/or confusingly similar to the CINNABON
4 Marks in commerce to advertise, promote, market and sell Defendant’s goods throughout the
5 United States, including in Nevada, constitute infringement of Plaintiff’s federally registered
6 trademarks in violation of 15 U.S.C. §1114.
7 41. Defendant’s actions, if not enjoined, will continue. Plaintiff has suffered and
8 continues to suffer damages in an amount to be proven at trial consisting of, among other things,
9 diminution in the value of and goodwill associated with the CINNABON Marks, and injury to
10 Plaintiff’s business. Plaintiff is therefore entitled to injunctive relief pursuant to 15 U.S.C. § 1116.
11 42. Pursuant to 15 U.S.C. §1117, Plaintiff is entitled to recover damages in an amount
12 to be determined at trial, profits made by Defendant in connection with its unauthorized use of
13 the CINNABON Marks, and the costs of this action.
14 43. Upon information and belief, Defendant’s actions are willful, and Defendant
15 intentionally caused and continues to cause confusion, mistake, or deception, making this an
16 exceptional case entitling Plaintiff to recover additional treble damages and reasonable attorneys’
17 fees pursuant to 15 U.S.C. § 1117.
18 SECOND CLAIM FOR RELIEF

Federal Unfair Competition and Trademark Infringement
19 (15 U.S.C. 112(a))
20
21
Complaint as though fully set forth herein.
22
45. Defendant’s actions described above and specifically, without limitation, its
23
unauthorized use of a mark which is identical and confusingly similar to the CINNABON Marks
24
in commerce to advertise, promote, market and sell Defendant’s products throughout the United
25
States, including Nevada, constitute federal unfair competition and trademark infringement in
26
violation of 15 U.S.C. § 1125(a).
27
46. Defendant’s actions, if not enjoined, will continue. Plaintiff has suffered and
28
LAS VEGAS,
NEVADA 89144
(702) 382-4804
1 continues to suffer damages in an amount to be proven at trial consisting of, among other things,
2 diminution in the value of and goodwill associated with CINNABON Marks, and injury to
3 Plaintiff’s business. Plaintiff is therefore entitled to injunctive relief pursuant to 15 U.S.C. § 1116.
4 47. Pursuant to 15 U.S.C. §1117, Plaintiff is entitled to recover damages in an amount
5 to be determined at trial, profits made by Defendant in connection with its unauthorized use of
6 the CINNABON Marks, and the costs of this action.
7 48. Upon information and belief, Defendant’s actions are willful, and Defendant
8 intentionally caused and continues to cause confusion, mistake, or deception, making this an
9 exceptional case entitling Plaintiff to recover additional treble damages and reasonable attorneys’
10 fees pursuant to 15 U.S.C. § 1117.
11 THIRD CLAIM FOR RELIEF

Common Law Unfair Competition
12
13
14
50. Defendant’s actions complained of herein constitute unfair competition under the
15
common law of the State of Nevada.
16
51. Defendant’s actions have caused and will likely continue to cause confusion,
17
mistake, and deception among consumers.
18
52. Defendant’s unfair competition has caused and will continue to cause damage to
19
Plaintiff, including irreparable harm for which there is no adequate remedy at law.
20
53. As a consequence of Defendant’s unfair competition, Plaintiff is entitled to
21
damages and injunctive relief ordering Defendant to cease this unfair competition.
22
FOURTH CLAIM FOR RELIEF
23 Dilution
(15 U.S.C. § 1125(c))
24
25
26
55. The CINNABON Mark is distinctive and famous within the meaning of Section
27
43(c) of the Lanham Act, 15 U.S.C. § 1125(c).
28
LAS VEGAS,
NEVADA 89144
(702) 382-4804
1 56. The CINNABON Mark was famous before Defendant began advertising or selling
2 the Infringing Products, all of which bear the CINNABON Mark.
3 57. Defendant used in commerce and continues to use in commerce the CINNABON
4 Mark in connection with the Infringing Products.
5 58. Defendant’s unauthorized use of the CINNABON Mark dilutes or is likely to dilute
6 the distinctive quality of said mark and is likely lessen the capacity of such mark to identify and
7 distinguish Plaintiff’s goods and services.
8 59. Defendant’s unauthorized use of the CINNABON Mark in connection with the
9 Infringing Products is likely to tarnish the CINNABON Mark and cause blurring in the minds of
10 consumers between Plaintiff and Defendant, resulting in a diminution of the value of the
11 CINNABON Marks and harm to Plaintiff.
12 60. Defendant’s acts of dilution have caused and will continue to cause damage to
13 Plaintiff, including irreparable harm for which there is no adequate remedy at law.
14 PRAYER FOR RELIEF
15 WHEREFORE, Plaintiff respectfully prays for relief against Defendant as follows:
16 1. Enter judgment against Defendant as indicated below:
17 a. that Defendant has committed and is committing acts of trademark
18 infringement, unfair competition, false designation of origin and dilution in
19 violation of 15 U.S.C. §§ 1114, 1125(a), 1125(c) and common law;
20 b. that Defendant has willfully and knowingly committed and is committing
21 acts of trademark infringement, unfair competition, false designation of origin and
22 dilution in violation of 15 U.S.C. §§ 1114, 1125(a), 1125(c) and common law;
23 2. That Plaintiff be granted injunctive relief under 15 U.S.C. § 1051 et seq. restraining
24 and enjoining Defendant and its agents, partners, servants, employees, officers, attorneys,
25 managers, successors and assigns, and all persons acting in concert with or on behalf of Defendant
26 from:
27 a. using, imitating, copying, or making any other infringing use of the
28 CINNABON Marks and any other mark now or hereafter confusingly similar or
LAS VEGAS,
NEVADA 89144
(702) 382-4804
1 identical to the CINNABON Marks including, but not limited to, CINNABON;
2 b. manufacturing, assembling, producing, distributing, offering for
3 distribution, circulating, selling, offering for sale, advertising, importing,
4 promoting, or displaying any goods or services under any simulation,
5 reproduction, counterfeit, copy, or colorable imitation of the CINNABON Marks
6 or any mark confusingly similar thereto;
7 c. using any false designation of origin or false description or statement which
8 can or is likely to lead the trade or public or individuals, erroneously to believe
9 that any good or service has been provided, produced, distributed, offered for
10 distribution, circulation, sold, offered for sale, imported, advertised, promoted,
11 displayed, licensed, sponsored, approved, or authorized by or for Plaintiff, when
12 such is not true in fact;
13 d. using any mark identical or confusingly similar to the CINNABON Marks;
14 e. engaging in any other activity constituting an infringement of the
15 CINNABON Marks, or of Plaintiff’s rights in, or right to use or to exploit the
16 CINNABON Marks; and
17 f. assisting, aiding, or abetting any other person or business entity in engaging
18 in or performing any of the activities referred to in subparagraphs (a) through (e)

19 above;
20 3. Order Defendant to pay the costs of any corrective advertising required by Plaintiff
21 as a result of Defendant’s unlawful activities alleged herein;
22 4. Order Defendant to hold in trust, as constructive trustees for the benefit of Plaintiff,
23 its profits obtained from its provision of Defendant’s goods and services under the CINNABON
24 Marks;
25 5. Order Defendant to provide Plaintiff a full and complete accounting of all amounts
26 due and owing to Plaintiff as a result of Defendant’s illegal activities;
27 6. Order Defendant to pay Plaintiff’s damages and Defendant’s profits pursuant to 15
28 U.S.C. § 1117(a) for Defendant’s willful violation of the CINNABON Marks;

SUITE 100 FCA-w-0982 10
LAS VEGAS,
NEVADA 89144
(702) 382-4804
1 7. Order Defendant to pay trebled damages for the damages sustained by Plaintiff
2 that are attributable to Defendant’s willful and knowing infringement of Plaintiff’s federally
3 registered trademarks;
4 8. Order Defendant to pay to Plaintiff both the costs of this action and the reasonable
5 attorneys' fees incurred in prosecuting this action; and
6 9. Grant Plaintiff such other and additional relief as is just and proper.
7 JURY DEMAND
8 A demand is hereby made for trial by jury.
9 Dated: October 21, 2019

10 WEIDE & MILLER, LTD.
11 By: /s/ F. Christopher Austin_____

F. Christopher Austin (NV Bar No. 6559)
12 caustin@weidemiller.com
13 10655 Park Run Drive, Suite 100
Las Vegas, NV 89144
14 Attorney for Plaintiff Cinnabon Franchisor SPV
LLC
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SUITE 100 FCA-w-0982 11
LAS VEGAS,
NEVADA 89144
(702) 382-4804
Case 2:19-cv-01855 Document 1-1 Filed 10/21/19 Page 1 of 2
JS 44 (Rev. 06/17) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

Cinnabon Franchisor SPV LLC Liquidchronic.com, LLC
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
F. Christopher Austin, Weide & Miller, Ltd., 10655 Park Run Drive, Suite
100, Las Vegas, NV 89144, (702) 382-4804
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 490 Cable/Sat TV
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 850 Securities/Commodities/
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Exchange
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 890 Other Statutory Actions
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 891 Agricultural Acts
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical ’ 893 Environmental Matters
Medical Malpractice Leave Act ’ 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS Act
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 896 Arbitration
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 899 Administrative Procedure
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act/Review or Appeal of
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 Agency Decision
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 950 Constitutionality of
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION State Statutes
Employment Other: ’ 462 Naturalization Application
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration
Other ’ 550 Civil Rights Actions
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
15 U.S.C. § 1114
VI. CAUSE OF ACTION Brief description of cause:
Trademark Infringement
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
10/21/2019 /s/ F. Christopher Austin
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
Print Save As... Reset

JS 44 Reverse (Rev. 06/17) Case 2:19-cv-01855 Document 1-1 Filed 10/21/19 Page 2 of 2
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
District
__________ of Nevada
District of __________
CINNABON FRANCHISOR SPV LLC )

)
)
)
Plaintiff(s) )
)
v. Civil Action No. 2:19-cv-1855
)
LIQUIDCHRONIC.COM, LLC )
)
)
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Liquidchronic.com, LLC

3635 South Fort Apache Road
Bld 200, #703
Las Vegas, NV 89147
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: F. Christopher Austin
Weide & Miller, Ltd.
10655 Park Run Drive, Suite 100
Las Vegas, NV 89144
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 2:19-cv-1855
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
’ I personally served the summons on the individual at (place)

on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:
Print Save As... Reset

EXHIBIT A
EXHIBIT A
Reg. No. 5,045,563 Cinnabon LLC (GEORGIA LIMITED LIABILITY COMPANY)

5620 Glenridge Drive
Registered Sep. 20, 2016 Atlanta, GA 30342
CLASS 43: Restaurant services; take-out restaurant services; services for providing food and
Int. Cl.: 43 drink
Service Mark FIRST USE 10-11-2015; IN COMMERCE 10-11-2015
Principal Register The color(s) blue, white and light blue is/are claimed as a feature of the mark.
The mark consists of the stylized word "CINNABON" in white within a stylized blue oblong
with a thin light blue line tracing within the oblong.
OWNER OF U.S. REG. NO. 1424169, 2304346, 2137495
SER. NO. 86-923,441, FILED 02-29-2016

LINDA MARIE QUIGLEY, EXAMINING ATTORNEY
Reg. No. 5,046,697 CINNABON LLC (GEORGIA LIMITED LIABILITY COMPANY)

5620 GLENRIDGE DRIVE NE
Registered Sep. 20, 2016 ATLANTA, GA 30342
CLASS 33: Liqueurs; vodka

Int. Cl.: 33
FIRST USE 12-1-2013; IN COMMERCE 12-1-2013
Trademark
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
Principal Register PARTICULAR FONT STYLE, SIZE OR COLOR
OWNER OF U.S. REG. NO. 1424169, 2304346, 2137495
SER. NO. 86-692,071, FILED 07-14-2015

KRISTINA KLOIB MORRIS, EXAMINING ATTORNEY
Reg. No. 5,433,550 Cinnabon Franchisor SPV LLC (DELAWARE LIMITED LIABILITY COMPANY)
5620 Glenridge Drive Ne
Registered Mar. 27, 2018 Atlanta, GEORGIA 30342
CLASS 35: Retail bakery services

Int. Cl.: 35
FIRST USE 10-11-2015; IN COMMERCE 10-11-2015
Service Mark
The mark consists of the stylized word "CINNABON" within a stylized oblong.
Principal Register
OWNER OF U.S. REG. NO. 1424169, 4993466, 2304346
SER. NO. 87-636,872, FILED 10-06-2017

Cinnabon Complaint

Încărcat de

Informații document

Drepturi de autor

Formate disponibile

Partajați acest document

Partajați sau inserați document

Opțiuni de partajare

Vi se pare util acest document?

Este necorespunzător acest conținut?

Drepturi de autor:

Formate disponibile

Cinnabon Complaint

Încărcat de

Drepturi de autor:

Formate disponibile

Case 2:19-cv-01855 Document 1 Filed 10/21/19 Page 1 of 11

1 F. Christopher Austin (Nevada Bar No. 6559)

5 Attorney for Plaintiff Cinnabon Franchisor SPV LLC

9 CINNABON FRANCHISOR SPV LLC, Case No.: 2:19-cv-1855

15 Plaintiff alleges the following cause of action against Defendant:

1 JURISDICTION AND VENUE

3 the Lanham Act of 1946, as amended, 15 U.S.C. § 1051, et seq.

6 arise under the Lanham Act, 15 U.S.C. § 1051, et seq.

8 1367(a) because that claim is substantially related to the federal claims.

11 five thousand dollars ($75,000.00).

15 Defendant has substantial contacts with this State.

17 Vegas division, pursuant to 28 U.S.C. §§ 1391(b)(1) because Defendant’s principal place of

21 jurisdiction for the claims alleged herein.

24 products, including notably cinnamon rolls, across the United States.

2 Trademark Status Registration No. Registration Date

21 and correct copies of certificates of registration for the CINNABON Marks.

24 3,360,336; 3,601,985 and 3,815,170 are incontestable under 15 U.S.C. § 1065.

27 rolls, among other products and services.

28 16. The CINNABON Marks are inherently distinctive.

2 more than 900 retail bakeries across the country.

7 19. The CINNABON Mark is famous by virtue of Plaintiff’s long-standing and

9 activities alleged below.

12 brands which are used in electronic cigarette products.

17 advertised and branded under the CINNABON name, namely:

20 c. 100 ml CINNABON-branded e-liquid;

21 d. 15 ml CINNABON-branded e-liquid with CBD;

22 e. 30 ml CINNABON-branded e-liquid with CBD; and

23 f. 100 ml CINNABON-branded e-liquid with CBD.

1 advertise the sale of the Infringing Products.

2 26. Non-exhaustive examples of the Infringing Products as advertised for sale on

3 Defendant’s website are displayed below:

26 CINNABON Marks generally.

28 association, sponsorship, ownership, or affiliation between Defendant and Cinnabon, thereby

6 Plaintiff’s counsel send another letter to Defendant on April 18, 2019.

9 substantive response to Plaintiff’s letters.

12 did not respond.

14 Defendant by phone numerous times, but Defendant did not answer.

17 to use the CINNABON Mark despite Plaintiff’s demands.

24 its reputation and goodwill.

25 FIRST CLAIM FOR RELIEF

1 Complaint as though fully set forth herein.

5 United States, including in Nevada, constitute infringement of Plaintiff’s federally registered

6 trademarks in violation of 15 U.S.C. §1114.

11 42. Pursuant to 15 U.S.C. §1117, Plaintiff is entitled to recover damages in an amount

13 the CINNABON Marks, and the costs of this action.

17 fees pursuant to 15 U.S.C. § 1117.

18 SECOND CLAIM FOR RELIEF

4 47. Pursuant to 15 U.S.C. §1117, Plaintiff is entitled to recover damages in an amount

6 the CINNABON Marks, and the costs of this action.

11 THIRD CLAIM FOR RELIEF

2 the Infringing Products, all of which bear the CINNABON Mark.

4 Mark in connection with the Infringing Products.

7 distinguish Plaintiff’s goods and services.

11 CINNABON Marks and harm to Plaintiff.

14 PRAYER FOR RELIEF

15 WHEREFORE, Plaintiff respectfully prays for relief against Defendant as follows:

16 1. Enter judgment against Defendant as indicated below:

17 a. that Defendant has committed and is committing acts of trademark

18 infringement, unfair competition, false designation of origin and dilution in

19 violation of 15 U.S.C. §§ 1114, 1125(a), 1125(c) and common law;

20 b. that Defendant has willfully and knowingly committed and is committing

21 acts of trademark infringement, unfair competition, false designation of origin and

22 dilution in violation of 15 U.S.C. §§ 1114, 1125(a), 1125(c) and common law;

27 a. using, imitating, copying, or making any other infringing use of the