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Whitley Legal Group, P.C. 17470 North Pacesetter Way Scottsdale, AZ 85255 Tel: (480) 393-0404 Fax: (480) 365-0356 jeff@whitleylegalgroup.com Jeffrey C. Whitley, #019366 Attorneyfor Plaintiff Puparazzi Industries ofAmerica, LLC

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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Case No.:

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Puparazzi Industries of America, LLC, a Delaware limited liability company, Plaintiff,

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Puparazzi Pet Spa, LLC, an Arizona limited liability company, Defendant.

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VERIFIED COMPLAINT

(Jury Trial Demanded)

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Plaintiff Puparazzi Industries of America, LLC, a Delaware limited liabilit company ("PIA"), by its undersigned counsel, for its Complaint against Defendan Puparazzi Pet Spa, LLC ("PPS"), hereby states and alleges as follows: NATURE OF THE ACTION This action arises under the Lanham Act 43(a), 15 U.S.C. 1125(a), an

further includes non-federal claims over which this Court has pendent jurisdiction.

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THE PARTIES 2. PIA, at all times relevant to this Complaint, was and is a limited liabilit

company organized and existing under the laws of the State of Delaware, doing busines in the State of Arizona. 3. On information and belief, PPS is a limited liability company organized an

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existing under the laws of the State of Arizona. On further information and belief, PPS' principal place of business is located in Phoenix, Arizona. JURISDICTION AND VENUE 4. Jurisdiction is proper in this Court under the Lanham Act 15 U.S.C

1125(a), and pursuant to 28 U.S.C. 1331 and 1338. 5. This Court has personal jurisdiction over the Defendant and venue is prope

in this judicial district pursuant to 28 U.S.C. 1391(a) and (c). ALLEGATIONS COMMON TO ALL COUNTS 6. PIA is a company that provides pet grooming services throughout th

Phoenix Metropolitan Area. 7. PIA's services are offered primarily through a mobile pet grooming van.

Pictures of the van are attached hereto as Exhibit A. 8. On the van are affixed PIA's service marks PUPARAZZI MOBILE PE

SPAW and WHERE YOUR PET'S THE STAR (the "Puparazzi Marks"). 9. PIA has used the Puparazzi Marks since May 10, 2010 in connection wit

pet grooming services throughout the greater Phoenix Metropolitan Area, including Cav Creek and North Phoenix, Arizona.

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PIA advertises its services using the Puparazzi Marks on its web page Attached hereto as Exhibit B are printouts
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located at http://www.groomall.com. selected pages from PIA's website. 11.

In conjunction with the Puparazzi Marks, PIA uses bright pink and purpl

coloring on its van and website. 12. On November 21, 2011, PIA applied for a federal trademark registratio

with the United States Patent and Trademark Office for PUPARAZZI MOBILE PE SPAW for the services "Animal grooming services; Dog grooming services; Pe grooming services." Such application is pending. 13. On information and belief, Defendant PPS is currently operating a pe

grooming salon at 711 E. Carefree Highway, Suite 106, Phoenix, AZ 85085 using th service marks PUPARAZZI PET SPA and EVERY DOG IS A STAR! 14. On information and belief, PPS did not begin offering such services unti

September 2011. 15. On information and belief: Defendant PPS

IS

currently promoting it

services at the website http://www.puparazzipetspa.com. 16. Attached hereto as Exhibit C is a printout of selected pages fro

Defendant's website at http://www.puparazzipetspa.com. 17. Attached hereto as Exhibit D is a printout of Defendant's Facebook pag

advertising its services. 18. Attached hereto as Exhibit E are pictures of Defendant's storefron

displaying the PUPARAZZI PET SPA mark.

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Defendant PPS uses pink as a primary color on its website and on it

Facebook page.

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COUNT ONE: TRADEMARK INFRINGEMENT (LANHAM ACT 43(a)) Plaintiff hereby incorporates the allegations contained in Paragraphs 1-1

above as if fully set forth herein. 21. PPS's use of the service marks PUPARAZZI PET SPA and EVERY DO

IS A STAR! is likely to confuse the public as to the origin of PIA's services. 22. PIA has been and is currently being harmed by PPS's false designation
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origin of its services. 23. PPS's actions are intentional, wanton, willful and committed in bad fai

with the intent to confuse and deceive the public. COUNT TWO: UNFAIR COMPETITION Plaintiff hereby incorporates the allegations contained .in Paragraphs 1-23

above as if fully set forth herein. 25. 26. PIA and PPS are competitors in the pet grooming industry. PJ:lS is unfairly competing with PIA by marketing its pet grooming service

using the service marks PUPARAZZI PET SPA and EVERY DOG IS A STAR! 27. common law. PPS' actions as alleged herein constitute unfair competition under Arizon

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PPS' actions are intentional, wanton, will ful and committed in bad fait

with the intent to confuse and deceive the public. WHEREFORE, Plaintiff prays that judgment be entered against Defendant a follows: a. b. For compensatory damages in an amount to be proven at trial. For a preliminary and permanent injunction enjoining the Defendant fro

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using the marks PUPARAZZI PET SPA and EVERY DOG IS A STAR! and from usin the domain name http://www.puparazzipetspa.com.

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For punitive damages in an amount to be determined at trial; For Plaintiffs reasonable attorneys' fees and court costs incurred herein

plus interest at the rate of ten percent (10%) per annum from the date of judgment unti paid; and e. For such other and further relief as this Court deems just and proper.

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DATED this ---,--1-",,3 _ day of January, 2012. _ WHITLEY LEGAL GROUP, P.C.

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s/Jeffrey C. Whitlev Jeffrey C. Whitley WHITLEY LEGAL GROUP, P.C. 17470 N. Pacesetter Way Scottsdale, AZ 85255 Attorneys for Plaintiff Puparazzi Industries ofAmerica, LLC

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VERIFICATION OF COMPLAINT
I, Tammy S. Rodgers, a citizen of the United States, a resident of Maricop County, Arizona, and a Member of Plaintiff Puparazzi Industries of America, LLC hereby declare that I have read the foregoing Verified Complaint and the factu

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allegations therein, and the facts as alleged therein are true and correct

6 Date: January 7

IJ ' 2012.
Tammy . Rodgers

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9, Sworn and subscribed before me this the (Lday of January, 2012.

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ild'f5A-NOTARY PUBLIC My Commission expires: ,

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z/Z.l ' lJ) \L-

PHIL SCROGGINS NOTARY PUBUC State of ArIzona &WiICOPA CQUNlY'

My Compt ExpIres Dec. 21. 2012

,OFFICIAL SEAL

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