Travelocity v QVC

8/8/2019 Travelocity v QVC

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Original Complaint Page 1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

TRAVELOCITY.COM, LP

Plaintiff,

v.

QVC, INC., AND SHRI KRISHNA

ENTERPRISES D/B/A SK

ENTERPRISES,

Defendants.

Civil Action No._______________________

ORIGINAL COMPLAINT

Plaintiff Travelocity.com, LP (hereinafter referred to as Travelocity), through

its undersigned counsel, Fish & Richardson P.C., hereby files this Original Complaint

requesting damages and injunctive relief, and upon personal knowledge as to its own acts

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

others, alleges as follows:

Nature of the Action

1. This is an action for trademark and trade dress infringement,counterfeiting, false designation of origin and false advertising, and trademark dilution

under the Lanham Act (15 U.S.C. 1114, 1116, 1117, 1125(a), (c), and (d)); copyright

infringement under the United States Copyright Act (17 U.S.C. 501 et seq.); injury to

business reputation and trademark dilution under Section 16.29 of the Texas Business

and Commerce Code (T.B.C.C.); and trademark infringement, unfair competition and

unjust enrichment under the common law of the State of Texas.

Case 3:11-cv-00006-M Document 1 Filed 01/03/11 Page 1 of 24 PageID 1


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Jurisdiction and Venue

2. Jurisdiction over the parties and subject matter of this action is proper inthis Court pursuant to 15 U.S.C. 1121 (actions arising under the Lanham Act), 28

U.S.C. 1331 (actions arising under the laws of the United States), 28 U.S.C. 1332(a)

(diversity of citizenship between the parties), and 1338(a) (actions arising under an Act

of Congress relating to copyrights and trademarks). This Court has supplemental

jurisdiction over the claims in this Complaint that arise under state statutory and common

law pursuant to 28 U.S.C. 1367(a).

3. This Court has personal jurisdiction over the Defendants because they dobusiness and/or reside in the State of Texas.

4. Venue is properly founded in this judicial district pursuant to 28 U.S.C. 1391(b) and (c) and 1400 (b) because Defendants reside in this District, may be found

in this District, and/or a substantial part of the events giving rise to the claims in this

action occurred within this District.

Parties

5. Plaintiff Travelocity is a limited partnership duly organized and existingunder the laws of the State of Delaware, with its principal place of business in Southlake,

Texas.

6. Upon information and belief, Defendant QVC, Inc. (QVC) is acorporation duly organized and existing under the laws of the State of Delaware and

located at 1200 Wilson Dr., West Chester, PA 19380. Defendant QVC has its principal

place of business at 1200 Wilson Drive, West Chester, PA 19380. Defendant may be

served through its registered agent Corporation Service Company, 2711 Centerville

Road, Suite 400, Wilmington DE 19808.



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7. Upon information and belief, Defendant Shri Krishna Enterprises d/b/a SKEnterprises (SK Enterprises) is a corporation duly organized and existing under the

laws of the State of New York and located at 87 Taft Ave., Newburgh, NY 12250.

Defendant SK Enterprises has its principal place of business at 87 Taft Ave., Newburgh,

NY 12250. Defendant may be served at 87 Taft Ave., Newburgh, NY 12250. (The

defendants QVC, Inc. and SK Enterprises are collectively referred to as Defendants.)

8. Plaintiff is informed and believes, and based thereon alleges, that at allrelevant times herein, Defendants knew or reasonably should have known of the acts and

behavior alleged herein and the damages caused thereby, and by their inaction ratified

and encouraged such acts and behavior. Plaintiff further alleges that Defendants have a

non-delegable duty to prevent or cause such acts and the behavior described herein,

which duty Defendants failed and/or refused to perform.

9. At all relevant times, QVC personally participated in and/or had the abilityand right to supervise, direct, and control the infringing activities alleged in this

Complaint. Upon information and belief, Defendants QVC derived direct financial

benefits from the infringing activities alleged in this Complaint.

The World Famous Travelocity Roaming Gnome

10. Travelocity has used a variety of legally-protected trademarks, tradedresses, and design elements/copyrights for many years on and in connection with the

advertisement and sale of its products and services, including those detailed in paragraphs

11-19 of this Complaint (together, the "Travelocity Mark").

11. Travelocity is one of the largest travel companies in the world with annualgross bookings of more than U.S. $10 billion. Beginning in January 2004, Travelocity

first adopted the feature the TRAVELOCITY ROAMING GNOME in its advertisement



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campaigns. Since that date, Travelocity has continued to feature the TRAVELOCITY

ROAMING GNOME in all its major advertising campaigns, including TV, radio, print

media, and the Internet. Through substantial advertising promotion and use, including

national advertising, the TRAVELOCITY ROAMING GNOME mark and character have

become famous, and are assets of substantial value to Travelocity.

12. Travelocity has expended substantial time, money, and other resources indeveloping, advertising, and otherwise promoting the Travelocity Mark. As a result,

products and services bearing the Travelocity Mark is widely recognized and exclusively

associated by consumers, the public, and the trade as being high quality products and

services sourced from Travelocity, and have acquired strong secondary meaning.

Travelocity products and services have also become among the most popular in the

world, with Travelocitys annual global gross bookings currently exceeding ten billion

dollars. Travelocity continues to invest substantial sums in promoting its products and

services and services offered under the Travelocity Mark.

The Travelocity Trademark

13. Travelocity is the owner of the following United States Federal TrademarkRegistration (hereinafter collectively referred to as the Travelocity Trademark):

Registration

No.

Mark Classes Date of

Registration

Image

3,701,762 The Roaming GnomeDesign

5, 9, 16, 18, 20, 21, 25,28, 41, and 42

October 27, 2009



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14. This registration is valid, subsisting, in full force and effect, and hasbecome incontestable pursuant to 15 U.S.C. 1065.

15.

The registration of the mark constitutesprima facie evidence of its validity

and conclusive evidence of Travelocitys exclusive right to use the Travelocity

Trademark in connection with the goods identified therein and other commercial goods.

16. The registration of the marks also provides sufficient notice to Defendantsof Travelocitys ownership and exclusive rights in the Travelocity Trademark.

17. The Travelocity Trademark qualifies as a famous mark, as that term isused in 15 U.S.C. 1125 (c)(1).

18. The Travelocity Trademark has been continuously used and has neverbeen abandoned.

19. As a result of extensive use and promotion, the Travelocity Trademark hasacquired a favorable reputation to consumers as an identifier and symbol of Travelocity

and its products, services, and goodwill. Accordingly, Travelocity is the owner of broad

common-law and federal trademark rights in the Travelocity Trademark.

The Travelocity Trade Dress

20. Travelocity is the owner of a variety of unique and distinctive tradedresses consisting of a combination of one or more features, including sizes, shapes,

colors, designs, and other non-functional elements of the Travelocity Gnome comprising

the overall look and feel incorporated into Travelocity Trademark (the Travelocity

Trade Dress).

21. Consumers immediately identify Travelocity as the single source of highquality products and services bearing the Travelocity Trade Dress.



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22. The Travelocity Trade Dress associated with Travelocity products andservices is independent of the functional aspects of Travelocity products and services.

23. Travelocity has employed the Travelocity Trade Dress associated with its products and services exclusively and without interruption, and the Travelocity Trade

Dress has never been abandoned.

The Travelocity Copyright

24. Many of the decorative and artistic combinations of the design elementspresent on Travelocity products and services are independently protected works under the

United States Copyright Laws. These design elements are wholly original works and

fixed in various tangible products and services and media, thereby qualifying as

copyrightable subject matter under the United States Copyright Act, 17 U.S.C. Sections

101 et seq. (hereinafter referred to as the Travelocity Design Element).

25. Travelocity also has a valid copyright registration with the CopyrightOffice for its Design Elements, including the TRAVELOCITY ROAMING GNOME,

with registration number VA0001383181.

26. At all times relevant hereto, Travelocity has been the sole owner and proprietor of all rights, title, and interest in and to the copyrights in the Travelocity

Design Elements used on Travelocity products and services, and such copyrights are

valid, subsisting and in full force and effect.

Defendants Acts of Infringement and Unfair Competition

27. Upon information and belief, Defendants are engaged in designing,manufacturing, advertising, promoting, distributing, selling, and/or offering for sale

products bearing source-identifying indicia and design elements that are studied

imitations of the Travelocity Trademark, the Travelocity Trade Dress, and the



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Travelocity Design Elements (hereinafter referred to as the Counterfeit Products).

Defendants specific conduct includes, among other things:

28. Travelocity offers for sale and sells its TRAVELOCITY ROAMINGGNOME on the QVC shopping channel and website. This original Gnome is described

as Travelocity 13 Roaming Gnome Garden Statue and offered at $24.12 plus $5.97 for

shipping and handling. This original Gnome consists of several design elements and

characteristics, including a depiction of a Gnome standing with its hands in the jacket

pockets, with a red pointed hat, white beard and hair, blue jacket fixed by a black belt

with gold buckle, black pants and boots standing upon a tan rock. Below is a copy this

original Travelocity Gnome:

29. Defendants offer a counterfeit version of the TRAVELOCIY ROAMINGGNOME on the QVC shopping channel and website as an enticement to attract potential

customers to their businesses.



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30. On or about April 2010, Travelocity learned that Defendants were offeringfor sale and selling Counterfeit Products on the QVC shopping channel and website. The

Counterfeit Products are identified as a Solar Powered 13 Decorative Garden Gnome

and offered for $22.00 plus $5.97 in shipping and handling. The Defendants Counterfeit

Product infringes the Travelocity Brand, the Travelocity Trademark, the Travelocity

Trade Dress, and the Travelocity Design Elements, including colors, clothing, facial hair,

pose, and base. Indeed, just like the TRAVELOCIY ROAMING GNOME, Defendants

Counterfeit Product consists of the depiction of a Gnome standing with its hands in the

jacket pockets, with a red pointed hat, white beard and hair, blue jacket fixed by a black

belt with a gold buckle, black pants and boots standing upon a tan rock. Below is a copy

of the Defendants counterfeit Gnome:

31. These acts are already causing confusion in the marketplace and harm toTravelocitys goodwill in its Travelocity Trademark, the Travelocity Trade Dress, and the



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Travelocity Design Elements. For example, one customer on the QVC website states

about the Counterfeit Products, He looks just [like] the Travelocity Gnome. Worse,

other customers complain about the poor quality and workmanship of the Counterfeit

Products. As one customer that bought two Counterfeit Products states, [T]hey dont

work and as another frustrated customer complained, I am sorry that I wasted my time

and he went back.

32. Defendant SK Enterprises is not, and never has been, an authorizedretailer of Travelocity products or services. Further, Defendants are not, and never have

been authorized by Travelocity to distribute the Counterfeit Products.

33. Defendant SK Enterprises contributes to these infringing acts bymanufacturing, importing, offering, selling and providing to Defendant QVC the

Counterfeit Products, at a minimum.

34. On April 12, 2010, Travelocity sent a letter to Defendant SK Enterprisesnotifying it that the Counterfeit Products infringed the Travelocity Trademark, the

Travelocity Trade Dress, and the Travelocity Design Elements and demanding that it

immediately cease and desist all further manufacture, sale, promotion, or other use of the

counterfeit goods or any other products that are identical in appearance and to destroy all

remaining inventory. A true and correct copy of this letter is attached as Exhibit A.

Defendant SK Enterprises never responded to this letter and instead continued to

manufacture, sale, import and offer the counterfeit products on the QVC shopping

channel and website.



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35. Defendant QVC contributes to these infringing acts by allowingDefendant SK Enterprises to display and distribute the Counterfeit Products on its

shopping channel and website and profiting from the sale of each Counterfeit Product.

36. On May 3, 2010, Travelocity sent a letter to Defendant QVC notifying itthat the counterfeit Gnome infringed the Travelocity Trademark, the Travelocity Trade

Dress, and the Travelocity Design Elements. A true and correct copy of this letter is

attached as Exhibit B. Defendant QVC never responded to this letter and instead

continued to advertise and sale the Counterfeit Products on the QVC shopping channel

and website.

37. QVC was aware, or should have been aware, or was willfully blind ofthese infringing activities. Further, QVC had an obligation and ability to control and stop

these infringements, but failed to do so. Indeed, QVC did not want the infringement to

stop as, upon information and belief, it received direct financial benefits from the

infringement. These acts and failure to act by QVC materially contributed to the

infringement.

38. Defendants are well aware of the extraordinary fame and strength of theTravelocity brand, the Travelocity Trademark, the Travelocity Trade Dress, and the

Travelocity Design Elements, and the incalculable goodwill associated therewith.

39. Defendants have no license, authority, or other permission fromTravelocity to use any of the Travelocity Trademark, Travelocity Trade Dresses, or the

Travelocity Design Elements in connection with the designing, manufacturing,

advertising, promoting, distributing, selling, and/or offering for sale of the Counterfeit

Products.



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40. Defendants have been engaging in the above-described illegalcounterfeiting and infringing activities knowingly and intentionally or with reckless

disregard or willful blindness to Travelocitys rights, or with bad faith, for the purpose of

trading on the goodwill and reputation of Travelocity, its marks and products and

services.

41. Defendants activities, as described above, are likely to create a falseimpression and deceive consumers, the public, and the trade into believing that there is a

connection or association between the Counterfeit Products and Travelocity.

42.

Upon information and belief, Defendants intend to continue to design,

manufacture, advertise, promote, import, distribute, sell, and/or offer for sale the

Counterfeit Products, unless otherwise restrained.

43. Travelocity is suffering irreparable injury, has suffered substantialdamages as a result of Defendants activities, and has no adequate remedy at law.

COUNT I

(Trademark Counterfeiting, 15 U.S.C. 1114)

44. Travelocity repeats and realleges the allegations set forth in paragraphs 1-43.

45. Defendants, without authorization from Travelocity, have used and arecontinuing to use spurious designations that are identical to, or substantially

indistinguishable from, the Travelocitys Trademark.

46. The foregoing acts of Defendants are intended to cause, have caused, andare likely to continue to cause confusion or mistake, or to deceive consumers, the public,

and the trade into believing that Defendants Counterfeit Products are genuine or

authorized products and services of Travelocity.



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47. Upon information and belief, Defendants have acted with knowledge ofTravelocitys ownership of the Travelocity Trademark and with deliberate intention or

willful blindness to unfairly benefit from the incalculable goodwill inherent in the

Travelocity Marks.

48. Defendants acts constitute trademark counterfeiting in violation ofSection 32 of the Lanham Act (15 U.S.C. 1114).

49. Upon information and belief, Defendants have made and will continue tomake substantial profits and gains to which they are not in law or equity entitled.

50.

Upon information and belief, Defendants intend to continue their

infringing acts, unless restrained by this Court.

51. Defendants acts have damaged and will continue to damage Travelocity,and Travelocity has no adequate remedy at law.

COUNT II

(Trademark Infringement, 15 U.S.C. 1114)


53. Defendants, without authorization from Travelocity, have used and arecontinuing to use spurious designations that are confusingly similar to Travelocitys

Trademark.

54. The foregoing acts of Defendants are intended to cause, have caused, andare likely to continue to cause confusion, mistake, and deception among consumers, the

public, and the trade as to whether Defendants Counterfeit Products originate from, or

are affiliated with, sponsored by, or endorsed by Travelocity.



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willful blindness to unfairly benefit from the incalculable goodwill symbolized thereby.

56. Defendants acts constitute trademark infringement in violation of Section32 of the Lanham Act (15 U.S.C. 1114).


58. Upon information and belief, Defendants intend to continue theirinfringing acts, unless restrained by this Court.


COUNT III

(Trade Dress Infringement, 15 U.S.C. 1125(a))


61. The Travelocity Trade Dresses are used in commerce, non-functional,inherently distinctive, and have acquired secondary meaning in the marketplace.

62. Upon information and belief, Defendants, without authorization fromTravelocity, have designed, manufactured, advertised, promoted, distributed, sold, and/or

offered for sale, and/or are causing to be designed, manufactured, advertised, promoted,

distributed, sold, and/or offered for sale, products which contain a collection of design

elements that is confusingly similar to the Travelocity Trade Dresses.




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public, and the trade who recognize and associate the Travelocity Trade Dresses with

Travelocity. Moreover, Defendants conduct is likely to cause confusion, to cause

mistake, or to deceive consumers, the public, and the trade as to the source of the

Counterfeit Products, or as to a possible affiliation, connection or association between

Travelocity, the Defendants, and the Counterfeit Products.

64. Upon information and belief, Defendants have acted with knowledge ofTravelocitys ownership of the Travelocity Trade Dresses and with deliberate intention or


65.

Defendants acts constitute trade dress infringement in violation of Section

43(a) of the Lanham Act (15 U.S.C. 1125(a)).




COUNT IV

(False Designation of Origin and False Advertising, 15 U.S.C. 1125(a))


70. Defendants promotion, advertising, distribution, sale, and/or offering forsale of the Counterfeit Products, together with Defendants use of other indicia associated

with Travelocity is intended, and is likely to confuse, mislead, or deceive consumers, the

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



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Products, and is intended, and is likely to cause such parties to believe in error that the

Counterfeit Products have been authorized, sponsored, approved, endorsed or licensed by

Travelocity, or that Defendants are in some way affiliated with Travelocity.

71. The foregoing acts of Defendants constitute a false designation of origin,and false and misleading descriptions and representations of fact, all in violation of

Section 43(a) of the Lanham Act (15 U.S.C. 1125(a)).


73.

Upon information and belief, Defendants intend to continue their

infringing acts, unless restrained by this Court.


COUNT V

(Trademark Dilution, 15 U.S.C. 1125(c))


76. The Travelocity Trademark is a strong and distinctive mark that has beenin use for many years and has achieved enormous and widespread public recognition.

77. The Travelocity Trademark is famous within the meaning of Section 43(c)of the Lanham Act (15 U.S.C. 1125(c)).

78. Defendants use of the mark for its Counterfeit Products, withoutauthorization from Travelocity, is diluting the distinctive quality of the Travelocity

Trademark and decreasing the capacity of such mark to identify and distinguish

Travelocity products and services.



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79. Defendants have intentionally and willfully diluted the distinctive qualityof the famous Travelocity Trademark in violation of Section 43(c) of the Lanham Act (15

U.S.C. 1125(c)).




COUNT VI

(Copyright Infringement, 17 U.S.C. 501)


84. Many of the Travelocity Design Elements contain decorative and artisticcombinations that are protected under the United States Copyright Act (17 U.S.C. 101

et seq.).

85. Travelocity complied in all respects with the Copyright Act, 17 U.S.C.101 et seq., and with all other laws governing copyrights. Travelocity has a valid,

registered copyright in the Travelocity Gnome design. Since registering its copyright

design, Travelocity has been the sole proprietor of all rights, title, and interest in and to

the copyright. (17 U.S.C. 106).

86. Upon information and belief, Defendants had access to and copied theTravelocity Gnome and Travelocity Design Elements present on Travelocity products

and services.



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87. Defendants intentionally infringed Travelocitys copyrights in theTravelocity Gnome design and other Design Elements present on Travelocity products

and services by creating and distributing the Counterfeit Products, which incorporate

elements substantially similar to the copyrightable matter present in the Travelocity

Gnome and Design Elements present on Travelocity products and services, without

Travelocitys consent or authorization.

88. Defendants have infringed Travelocitys copyrights in violation of 17U.S.C. 501 et seq.

89.

Upon information and belief, Defendants have made and will continue to

make substantial profits and gains to which they are not in law or equity entitled.



COUNT VII

(Common Law Trademark Infringement)


93. Travelocity owns all rights, title, and interest in and to the TravelocityTrademark, including all common law rights in such marks.

94. Defendants, without authorization from Travelocity, have used and arecontinuing to use spurious designations that are confusingly similar to the Travelocity

Trademark.



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public, and the trade as to whether Defendants Counterfeit Products originate from, or

are affiliated with, sponsored by, or endorsed by Travelocity.



97. Defendants acts constitute trademark infringement in violation of thecommon law of the State of Texas.




COUNT VIII

(Injury to Business Reputation and Trademark Dilution, 16.29 T.B.C.C.)


102. The Travelocity Trademark is a strong and distinctive mark that has beenin use for many years and has achieved enormous and widespread public recognition.

103. Through prominent, long, and continuous use in commerce, includingcommerce within the State of Texas, the Travelocity Trademark has become and

continues to be famous and distinctive.



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104. Defendants use of the mark on the Counterfeit Products, withoutauthorization from Travelocity, is diluting the distinctive quality of the Travelocity

Trademark and decreasing the capacity of such marks to identify and distinguish

Travelocity products and services and has caused a likelihood of harm to Travelocitys

business reputation.

105. Based on the foregoing acts, Defendants have diluted the distinctivequality of the famous Travelocity Trademark in violation of Section 16.29 of the Texas

Business and Commerce Code.

106.

The foregoing acts of Defendants also constitute injury to Travelocitys

business reputation in violation of Section 16.29 of the Texas Business and Commerce

Code.




COUNT IX

(Common Law Unfair Competition)


111. The foregoing acts of Defendants permit Defendants to use and benefitfrom the goodwill and reputation earned by Travelocity and to obtain a ready customer

acceptance of Defendants products, and constitute unfair competition, palming off, and



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misappropriation in violation of Texas common law, for which Travelocity is entitled to

recover any and all remedies provided by such common law.




COUNT X(Common Law Unjust Enrichment)


116. By reason of the foregoing, Defendants have unjustly enrichedthemselves, and continue to do so, in an unknown amount.

117. Travelocity is entitled to just compensation under the common law of theState of Texas.

COUNT XI

(Attorney Fees)


119. Travelocity is entitled to an award of attorney fees and costs under 17U.S.C. 505.

120. Travelocity is also entitled to an award of attorney fees and costs under 15U.S.C. 1117(a).

CONDITIONS PRECEDENT



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121. All conditions precedent have been performed or have occurred. (FED.R.CIV.P. 9(c)).

PRAYER

WHEREFORE, Travelocity respectfully requests that this Court enter judgment

against Defendants as follows:

A. Finding that: (i) Defendants have violated Section 32 of the Lanham Act(15 U.S.C. 1114); Section 43(a) of the Lanham Act (15 U.S.C. 1125(a)); Section

43(c) of the Lanham Act (15 U.S.C. 1125(c)); and Section 43(d) of the Lanham Act (15

U.S.C. 1125(d)); (ii) Defendants have violated Section 501 of the Copyright Act of

1976 (17 U.S.C. 501); (iii) Defendants have injured Travelocitys business reputation

and diluted the Travelocity Trademark in violation of 16.29 of the T.B.C.C.; (iv)

Defendants have engaged in trademark infringement and unfair competition under the

common law of Texas; and (v) Defendants have been unjustly enriched in violation of

Texas common law.

B. Granting an injunction, pursuant to Rule 65 of the Federal Rules of CivilProcedure, 15 U.S.C. 1116, 17 U.S.C. 502, and 16.29 T.B.C.C, preliminarily and

permanently restraining and enjoining Defendants, their officers, agents, employees, and

attorneys, and all those persons or entities in active concert or participation with them

from:

1. manufacturing, importing, advertising, marketing, promoting,supplying, distributing, offering for sale, or selling any products which bear the

Travelocity Trademark, the Travelocity Trade Dresses, and/or the Travelocity Design

Elements, or any other mark or design element substantially similar or confusing thereto,

including, without limitation, the Counterfeit Products, and engaging in any other activity



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constituting an infringement of any of Travelocitys rights in the Travelocity Trademark,

the Travelocity Trade Dresses, and/or the Travelocity Design Elements;

2. engaging in any other activity constituting unfair competition withTravelocity, or acts and practices that deceive consumers, the public, and/or trade,

including without limitation, the use of designations and design elements associated with

Travelocity; and

3. engaging in any other activity that will cause the distinctiveness of theTravelocity Trademark or Travelocity Trade Dresses to be diluted.

C.

Requiring Defendants to recall from any distributors and retailers and to

deliver to Travelocity for destruction or other disposition all remaining inventory of all

Counterfeit Products, including all advertisements, promotional and marketing materials

therefore, as well as means of making same;

D. Requiring Defendants to file with this Court and serve on Travelocitywithin thirty days after entry of the injunction a report in writing under oath setting forth

in detail the manner and form in which Defendants have complied with the injunction;

E. Directing such other relief as the Court may deem appropriate to preventconsumers, the public, and/or the trade from deriving any erroneous impression that any

product at issue in this action that has been manufactured, imported, advertised,

marketed, promoted, supplied, distributed, offered for sale, or sold by Defendants, has

been authorized by Travelocity, or is related in any way with Travelocity and/or its

products and services;

F. Awarding Travelocity statutory damages of $2,000,000 per counterfeitmark per type of good in accordance with Section 35 of the Lanham Act (15 U.S.C.



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1117) or alternatively, ordering Defendants to account to and pay to Travelocity all

profits realized by their wrongful acts and also awarding Travelocity its actual damages,

and also directing that such profits or actual damages be trebled, in accordance with

Section 35 of the Lanham Act (15 U.S.C. 1117);

G. Awarding Travelocity statutory damages or in the alternative its actualdamages suffered as a result of the copyright infringement, and any profits of Defendants

not taken into account in computing the actual damages, pursuant to 17 U.S.C. 504;

H. Awarding Travelocity actual and punitive damages to which it is entitledunder applicable federal and state laws;

I. Awarding Travelocity its costs, attorneys fees, investigatory fees, andexpenses to the full extent provided by Section 35 of the Lanham Act (15 U.S.C. 1117)

and Section 505 of the Copyright Act of 1976 (17 U.S.C. 505);

J. Awarding Travelocity pre-judgment interest on any monetary award madepart of the judgment against Defendant; and

K. Awarding Travelocity such additional and further relief as the Courtdeems just and proper.



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Dated: January 3, 2011 Respectfully submitted,

FISH & RICHARDSON P.C.

By: s/ Victor C. JohnsonVictor C. [email protected] Bar No. 24029640Natalie L. [email protected] Bar No. 24033378

1717 Main Street, Suite 5000Dallas, Texas 75201(214) 747-5070

(214) 747-2091 - facsimile

COUNSEL FOR PLAINTIFF

TRAVELOCITY.COM, LP



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EXHIBITA

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EXHIBITB



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OJS 44 (TXND Rev. 2/10) CIVIL COVER SHEETThe 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 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 punitiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First ListedPlaintiff 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

LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

I. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an X in One Box for P(For Diversity Cases Only) and One Box for Defendant

1 U.S. Government 3 Federal Question PTF DEF PTF D

Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated orPrincipal Place 4

of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated andPrincipal Place 5

Defendant(Indicate Citizenship of Parties in Item III)

of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6

Foreign Country

V. NATURE OF SUIT (Place an X in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTE

110 Insurance PERSONAL INJURY PERSONAL INJURY 610 Agriculture 422 Appeal 28 USC 158 400 State Reapportionm

120 Marine 310 Airplane 362 Personal Injury - 620 Other Food & Drug 423 Withdrawal 410 Antitrust

130 Miller Act 315 Airplane Product Med. Malpractice 625 Drug Related Seizure 28 USC 157 430 Banks and Banking

140 Negotiable Instrument Liability 365 Personal Injury - of Property 21 USC 881 450 Commerce

150 Recovery of Overpayment 320 Assault, Libel & Product Liability 630 Liquor Laws PROPERTY RIGHTS 460 Deportation

& Enforcement of Judgment Slander 368 Asbestos Personal 640 R.R. & Truck 820 Copyrights 470 Racketeer Influence

151 Medicare Act 330 Federal Employers Injury Product 650 Airline Regs. 830 Patent Corrupt Organizatio

152 Recovery of Defaulted Liability Liability 660 Occupational 840 Trademark 480 Consumer Credit

Student Loans 340 Marine PERSONAL PROPERTY Safety/Health 490 Cable/Sat TV

(Excl. Veterans) 345 Marine Product 370 Other Fraud 690 Other 810 Selective Service

153 Recovery of Overpayment Liabili ty 371 Truth in Lending LABOR SOCIAL SECURITY 850 Securities/Commod

of Veterans Benefits 350 Motor Vehicle 380 Other Personal 710 Fair Labor Standards 861 HIA (1395ff) Exchange

160 Stockholders Suits 355 Motor Vehicle Property Damage Act 862 Black Lung (923) 875 Customer Challenge

190 Other Contract Product Liability 385 Property Damage 720 Labor/Mgmt. Relations 863 DIWC/DIWW (405(g)) 12 USC 3410

195 Contract Product Liability 360 Other Personal Product Liability 730 Labor/Mgmt.Reporting 864 SSID Title XVI 890 Other Statutory Acti

196 Franchise Injury & Disclosure Act 865 RSI (405(g)) 891 Agricultural Acts

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 740 Railway Labor Act FEDERAL TAX SUITS 892 Economic Stabilizat

210 Land Condemnation 441 Voting 510 Motions to Vacate 790 Other Labor Litigation 870 Taxes (U.S. Plaintiff 893 Environmental Mat

220 Foreclosure 442 Employment Sentence 791 Empl. Ret. Inc. or Defendant) 894 Energy Allocation A

230 Rent Lease & Ejectment 443 Housing/ Habeas Corpus: Security Act 871 IRSThird Party 895 Freedom of Informa

240 Torts to Land Accommodations 530 General 26 USC 7609 Act

245 Tort Product Liability 444 Welfare 535 Death Penalty IMMIGRATION 900Appeal of Fee Determ

290 All Other Real Property 445 Amer. w/Disabilities - 540 Mandamus & Other 462 Naturalization Application Under Equal Access

Employment 550 Civil Rights 463 Habeas Corpus - to Justice

446 Amer. w/Disabilities - 555 Prison Condition Alien Detainee 950 Constitutionality of

Other 465 Other Immigration State Statutes

440 Other Civil Rights Actions

V. ORIGINTransferred fromanother district(specify)

Appeal to DJudge fromMagistrateJudgment

(Place an X in One Box Only)

1 OriginalProceeding

2 Removed fromState Court

3 Remanded fromAppellate Court

4 Reinstated orReopened

5 6 MultidistrictLitigation

7

VI. CAUSE OF ACTION

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

Brief description of cause:

VII. REQUESTED IN

COMPLAINT:

CHECK IF THIS IS A CLASS ACTION

UNDER F.R.C.P. 23

DEMAND $ CHECK YES only if demanded in complaint

JURY DEMAND: Yes No

VIII. RELATED CASE(S) (See instructions)

PENDING OR CLOSED:JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE


AVELOCITY.COM, LP

Tarrant

ctor C. Johnson, Fish & Richardson P.C., 1717 Main St., Suite 5000,llas, TX 75201 (214-747-5070)

QVC, INC. AND SHRI KRISHNA ENTERPRISES d/b/a SKENTERPRISES

Trademark and trade dress infringement, counterfeiting, false designation of origin and false advertising.

01/03/2011 /s/ Victor C. Johnson

Print Save As... Export as FDF Retrieve FDF File Reset


40/40

S 44 Reverse (TXND Rev. 2/10)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and theinformation contained herein neither replaces nor supplements the filings and service of pleading or other papers as reqy 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 thf 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 civilomplaint filed. The attorney filing a case should complete the form as follows:

(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, uhe full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the officia

iving 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 atf 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 condemnatiohe 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, nn this section (see attachment).

I. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), Fed. R. Civ. P., which requires that jurisdictions be shown in pleadings. Place ane 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.

ederal 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 theonstitution, 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, a

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 citizenshipifferent parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)

II. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark thection for each principal party.

V. Nature of Suit. Place an X in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VIbelow, isufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one natuuit, select the most definitive.

V. Origin. Place an X in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.

emoved 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 por removal is granted, check this box.

emanded 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.einstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.

ransferred 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 multidtigation transfers.

Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When thchecked, do not check (5) above.

Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judges decision.

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 jurisdictionatatutes 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, Fed. R. Civ. P.

Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand, such as a preliminary injunction.

ury 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 cases that are related to this filing, if any. If a related case exists, whether pending or

nsert the docket numbers and the corresponding judge names for such cases. A case is related to this filing if the case: (1) involves some or all of the sa

arties and is based on the same or similar claim; (2) involves the same property, transaction, or event; (3) involves substantially similar issues of law and

nd/or (4) involves the same estate in a bankruptcy appeal.

ate and Attorney Signature. Date and sign the civil cover sheet.


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