COACHELLA MUSIC FESTIVAL, LLC v. JOHNSON et al
Case Summary
On February 2, 2023, Coachella Music Festival and Goldenvoice, LLC (collectively “Plaintiffs”), represented by Brian K. Brookey of Tucker Ellis, LLP, filed an intellectual property lawsuit against Justin Johnson and Kelsye Adams (collectively, “Defendants”), seeking injunctive relief, damages, and pre-judgment interest for alleged trademark infringement.This case was filed in the U.S. District Court for the District of Columbia, with Judge Reggie B. Walton presiding.
In the complaint, the plaintiffs claimed, “Plaintiffs own the exclusive trademark and service mark rights to the distinctive COACHELLA trademark and service mark, having used the mark in connection with the festival and related goods and services since the first COACHELLA in 1999.”
Plaintiffs alleged, “Despite having no association with Plaintiffs or their festivals, Defendants Johnson and Adams are intentionally trading on the goodwill of Plaintiffs and the well-known COACHELLA and CHELLA trademarks by using the confusingly similar mark ‘MOECHELLA’ in connection with Defendants’ own music and cultural events, entertainment services, and associated apparel. In addition to the word mark, Defendants also use a stylized MOECHELLA mark that is strikingly similar to the stylized COACHELLA trademark (USPTO Reg. Nos 3,196,129; 4,266,400; and 5,235,903).”
The plaintiffs further alleged that “Defendant Johnson has admitted in a media interview that he attempted to register MOECHELLA as a trademark, and that MOECHELLA is a direct reference to COACHELLA: ‘“Moechella:” “moe” slang for friend, combined with a play on the California Festival.’”
The plaintiffs also alleged, “Plaintiffs have repeatedly requested that Defendants cease use of the term MOECHELLA and any similar designation, but Defendants have refused to do so; Defendant Johnson publicly stated ‘I’m not going to stop using the name.’ On or about January 5, 2023, Defendants sent an email announcement to numerous recipients regarding at least ten upcoming events in 2023 and under the MOECHELLA branding. This was done with Defendants’ actual knowledge of Plaintiffs’ COACHELLA and CHELLA marks and with constructive notice of Plaintiffs’ rights in their registered trademarks under 15 U.S.C. § 1072. Thus, despite Plaintiffs’ repeated efforts to avoid litigation, Defendants have made clear that they have no intent of ceasing their infringing activities, forcing Plaintiffs to file this action.”
The plaintiffs then alleged, “Defendants’ unauthorized use of the MOECHELLA Marks, or any designation similar to the COACHELLA Marks, creates a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of Defendants and their goods and services, and is likely to falsely suggest a sponsorship, connection, license, or association of Defendants with Plaintiffs, despite the fact that no such relationship exists.”
Plaintiffs presented three claims for relief, including claims for infringement of trademark in violation of 15 U.S.C. § 1114, false designation of origin under 15 U.S.C. § 1125(a), common law trademark infringement, and unfair competition.
In the prayer for relief, the plaintiffs requested declaratory and injunctive relief, along with an award of compensatory, statutory, and punitive damages with pre-judgment interest.
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Case Details
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Case Number:
1:23-CV-00288
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Filing Date:
02/01/2023
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Case Status:
Pending - Other Pending
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Case Type:
Intellectual Property - Trademark
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Court:
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Courthouse:
Judge Details
Presiding Judge
Reggie B. Walton
Party Details
Plaintiffs
Coachella Music Festival, LLC
Goldenvoice, LLC
Defendants
Justin Johnson
Kelsye Adams
Attorney/Law Firm Details
Plaintiff Attorneys
Steven Erick Lauridsen
David J. Steele
Dina Roumiantseva
Brian Kent Brookey
Court Documents
(#10) NOTICE of Appearance by Dina Roumiantseva on behalf of COACHELLA MUSIC FESTIVAL, LLC, GOLDENVOICE, LLC (Roumiantseva, Dina) (Entered: 03/22/2023)
(#9) NOTICE of Appearance by David J. Steele on behalf of COACHELLA MUSIC FESTIVAL, LLC, GOLDENVOICE, LLC (Steele, David) (Entered: 03/22/2023)
(#8) NOTICE of Appearance by Steven Erick Lauridsen on behalf of COACHELLA MUSIC FESTIVAL, LLC, GOLDENVOICE, LLC (Lauridsen, Steven) (Entered: 03/22/2023)
Text of Proposed Order
Declaration In Support of Pro Hac Vice Motion
(#7) MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Dina Roumiantseva, Filing fee $ 100, receipt number ADCDC-9933088. Fee Status: Fee Paid. by COACHELLA MUSIC FESTIVAL, LLC, GOLDENVOICE, LLC. (Attachments: #1 Declaration In Support of Pro Hac Vice Motion, #2 Text of Proposed Order)(Brookey, Brian) (Entered: 03/16/2023)
Text of Proposed Order
Declaration In Support of Pro Hac Vice Motion
(#6) MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David J. Steele, Filing fee $ 100, receipt number ADCDC-9933051. Fee Status: Fee Paid. by COACHELLA MUSIC FESTIVAL, LLC, GOLDENVOICE, LLC. (Attachments: #1 Declaration In Support of Pro Hac Vice Motion, #2 Text of Proposed Order)(Brookey, Brian) (Entered: 03/16/2023)
Text of Proposed Order
Declaration In Support of Pro Hac Vice Motion
(#5) MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Steven E. Lauridsen, Filing fee $ 100, receipt number ADCDC-9933001. Fee Status: Fee Paid. by COACHELLA MUSIC FESTIVAL, LLC, GOLDENVOICE, LLC. (Attachments: #1 Declaration In Support of Pro Hac Vice Motion, #2 Text of Proposed Order)(Brookey, Brian) (Entered: 03/16/2023)
(#4) REPORT on the filing or determination of an action regarding a patent and/or trademark. (znmw) (Entered: 02/08/2023)
Notice and Consent
Main Document
(#2) LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Coachella Music Festival, LLC, Goldenvoice, LLC (Brookey, Brian) (Entered: 02/01/2023)
Exhibit 4
Main Document
Docket Entries
Docket(#10) NOTICE of Appearance by Dina Roumiantseva on behalf of COACHELLA MUSIC FESTIVAL, LLC, GOLDENVOICE, LLC (Roumiantseva, Dina) (Entered: 03/22/2023)
[-] Read LessDocket(#9) NOTICE of Appearance by David J. Steele on behalf of COACHELLA MUSIC FESTIVAL, LLC, GOLDENVOICE, LLC (Steele, David) (Entered: 03/22/2023)
[-] Read LessDocket(#8) NOTICE of Appearance by Steven Erick Lauridsen on behalf of COACHELLA MUSIC FESTIVAL, LLC, GOLDENVOICE, LLC (Lauridsen, Steven) (Entered: 03/22/2023)
[-] Read LessDocketMINUTE ORDER. The Court having considered the plaintiffs' #7 Motion for Admission of Dina Roumiantseva Pro Hac Vice, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under this Courts rules, it is hereby ORDERED that the plaintiffs' #7 Motion for Admission of Dina Roumiantseva Pro Hac Vice is GRANTED. It is further ORDERED that Dina Roumiantseva, Tucker Ellis LLP, 515 South Flower Street, 42nd Floor, Los Angeles, California, 90071, is ADMITTED to practice before the Court pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) #Click for instructions. Signed by Judge Reggie B. Walton on March 19, 2023. (lcrbw3) (Entered: 03/19/2023)
[-] Read LessDocketMINUTE ORDER. The Court having considered the plaintiffs' #6 Motion for Admission of David J. Steele Pro Hac Vice, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under this Court's rules, it is hereby ORDERED that the plaintiffs' #6 Motion for Admission of David J. Steele Pro Hac Vice is GRANTED. It is further ORDERED that David J. Steele, Tucker Ellis LLP, 515 South Flower Street, 42nd Floor, Los Angeles, California, 90071, is ADMITTED to practice before the Court pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) #Click for instructions. Signed by Judge Reggie B. Walton on March 19, 2023. (lcrbw3) (Entered: 03/19/2023)
[-] Read LessDocketMINUTE ORDER. The Court having considered the plaintiffs' #5 Motion for Admission of Steven E. Lauridsen Pro Hac Vice, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under this Court's rules, it is hereby ORDERED that the plaintiffs' #5 Motion for Admission of Steven E. Lauridsen Pro Hac Vice is GRANTED. It is further ORDERED that Steven E. Lauridsen, Tucker Ellis LLP, 515 South Flower Street, 42nd Floor, Los Angeles, California, 90071, is ADMITTED to practice before the Court pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) #Click for instructions. Signed by Judge Reggie B. Walton on March 19, 2023. (lcrbw3) (Entered: 03/19/2023)
[-] Read LessDocket(#7) MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Dina Roumiantseva, Filing fee $ 100, receipt number ADCDC-9933088. Fee Status: Fee Paid. by COACHELLA MUSIC FESTIVAL, LLC, GOLDENVOICE, LLC. (Attachments: #1 Declaration In Support of Pro Hac Vice Motion, #2 Text of Proposed Order)(Brookey, Brian) (Entered: 03/16/2023)
[-] Read LessDocket(#6) MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David J. Steele, Filing fee $ 100, receipt number ADCDC-9933051. Fee Status: Fee Paid. by COACHELLA MUSIC FESTIVAL, LLC, GOLDENVOICE, LLC. (Attachments: #1 Declaration In Support of Pro Hac Vice Motion, #2 Text of Proposed Order)(Brookey, Brian) (Entered: 03/16/2023)
[-] Read LessDocket(#5) MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Steven E. Lauridsen, Filing fee $ 100, receipt number ADCDC-9933001. Fee Status: Fee Paid. by COACHELLA MUSIC FESTIVAL, LLC, GOLDENVOICE, LLC. (Attachments: #1 Declaration In Support of Pro Hac Vice Motion, #2 Text of Proposed Order)(Brookey, Brian) (Entered: 03/16/2023)
[-] Read LessDocket(#4) REPORT on the filing or determination of an action regarding a patent and/or trademark. (znmw) (Entered: 02/08/2023)
[-] Read LessDocket(#3) SUMMONS (2) Issued Electronically as to KELSYE ADAMS, JUSTIN JOHNSON. (Attachments: #1 Notice and Consent)(zrtw) (Entered: 02/02/2023)
[-] Read LessDocketCase Assigned to Judge Reggie B. Walton. (zrtw) (Entered: 02/02/2023)
[-] Read LessDocket(#2) LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by Coachella Music Festival, LLC, Goldenvoice, LLC (Brookey, Brian) (Entered: 02/01/2023)
[-] Read LessDocket(#1) COMPLAINT against Kelsye Adams, Justin Johnson with Jury Demand ( Filing fee $ 402 receipt number BDCDC-9830421) filed by Coachella Music Festival, LLC, Goldenvoice, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons Adams, #3 Summons Johnson, #4 AO 120-Report on Filing or Determination of Action Regarding Patent or Trademark, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10)(Brookey, Brian) (Entered: 02/01/2023)
[-] Read Less
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