Case 2:18-cv-00309-DSF-AFM Document 1 Filed 01/12/18 Page 1 of 4 Page ID #:1

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S. Michael Kernan, State Bar No. 181747
R. Paul Katrinak, State Bar No.164057
THE KERNAN LAW FIRM
9663 Santa Monica Blvd., Suite 450
Beverly Hills, California 90210
Telephone: (310) 490-9777
Facsimile: (310) 861-0503
Attorneys for Plaintiff
Vice Industry Token, Inc.

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UNITED STATED DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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Beverly Hills, California 90210
(310) 490-9777

THE KERNAN LAW FIRM

9663 Santa Monica Blvd., Suite 450

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VICE INDUSTRY TOKEN, INC., a California )
Corporation,
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Plaintiff,
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vs.
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VICE MEDIA, LLC, a Delaware Limited
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Liability Company,
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Defendant.
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Case No. 2:18-CV-00309
COMPLAINT FOR:
1. DECLARATORY JUDGMENT OF
NO TRADEMARK INFRINGEMENT,
28 U.S.C. §§ 2201 AND 2202
DEMAND FOR JURY TRIAL

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COMPLAINT FOR DECLARATORY JUDGMENT

 Case 2:18-cv-00309-DSF-AFM Document 1 Filed 01/12/18 Page 2 of 4 Page ID #:2

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Plaintiff Vice Industry Token, Inc., (“VIT” or “Plaintiff”) states the following for its

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Complaint against Defendant Vice Media, LLC (“Vice” or “Defendant”), upon actual

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knowledge with respect to itself and its own acts, and information and belief as to other

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matters.
PARTIES

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the city of Los Angeles, California.
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Beverly Hills, California 90210
(310) 490-9777

THE KERNAN LAW FIRM

9663 Santa Monica Blvd., Suite 450

VIT is informed and believes, and on that basis, alleges that Defendant Vice

Media, LLC, is a Delaware limited liability company with its a principal place of business in
Brooklyn, New York.

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Plaintiff VIT is a California corporation having a principal place of business in

JURISDICTION AND VENUE
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This Complaint arises under the laws of the United States, specifically the

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Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, and the trademark laws of the United

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States, 15 U.S.C §§ 1114 et eq. and 1125, and is based on the actual justiciable controversy

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between VIT and Defendant Vice. This Court has original jurisdiction under 15 U.S.C § 1121

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and 28 U.S.C. §§ 1331 and 1338.

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4.

transacts, and does business in California, and specifically in this District.
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Venues is proper in the United States District Court in for the Central District of

California under 28 U.S.C. 28 U.S.C. § 136728 U.S.C. § 1367 1391 (b) and (c).
STATEMENT OF FACTS

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This Court has personal jurisdiction over Defendant because Defendant solicits,

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VIT was founded in 2017 by three leaders in the adult entertainment industry

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with the intent to change the nature and monetization of pornography. VIT functions in two

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main ways, as the provider of an innovative adult entertainment platform, and the proprietor of

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cryptocurrency, the VICE INDUSTRY TOKEN.

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Cryptocurrencies are a digital asset designed to work as a medium of exchange

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that uses cryptography to secure its transactions, to control the creation of additional units, and

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to verify the transfer of assets. Recently, cryptocurrencies have rapidly evolved as a method of
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COMPLAINT FOR A DECLARATORY JUDGMENT

 Case 2:18-cv-00309-DSF-AFM Document 1 Filed 01/12/18 Page 3 of 4 Page ID #:3

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transacting and establishing value. Currently, there are almost two hundred public

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cryptocurrencies available on the internet.

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and content producers in the adult entertainment industry who will have embedded support for

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the VICE INDUSTRY TOKEN in their online portals. VIT then launched its website

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www.vicetoken.com, and announced its plan to launch the VICE INDUSTRY TOKEN to the

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public. VIT already has received praise and excellent reviews from cryptocurrency websites

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and blogs.

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Beverly Hills, California 90210
(310) 490-9777

THE KERNAN LAW FIRM

In October of 2017, VIT partnered with several of the leading website providers

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9663 Santa Monica Blvd., Suite 450

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VIT is informed and believes, and on that basis alleges that Defendant is a North

American digital media and broadcasting company.
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VIT is informed and believes, and on that basis alleges that Defendant has

trademark and other intellectual property rights in the mark VICE.
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On November 28, 2017, Defendant sent VIT a cease and desist letter alleging

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that VIT’s use of VICE INDUSTRY TOKEN infringed on Defendant’s mark VICE. VIT

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promptly responded and denied that its VICE INDUSTRY TOKEN was infringing or a

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likelihood of confusion. Defendant again demanded that VIT cease its use of the VICE

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INDUSTRY TOKEN mark. After trying to resolve the any issues with Vice it became apparent

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that the two companies could not resolve their dispute amicably.
CLAIM FOR RELIEF
(Declaratory Judgment of No Trademark Infringement,
28 U.S.C. §§ 2201 and 2202)

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12.

VIT hereby realleges and incorporates each and every allegation contained in the

above paragraphs by reference as though fully set forth herein.
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Defendant maintains that VIT’s use of its VICE INDUSTRY TOKEN mark

infringes trademarks or other intellectual property rights owner by Defendant.
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Accordingly, there exists an immediate, real and substantial controversy as to

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whether VIT’s use of VICE INDUSTRY TOKEN mark infringes trademark or other

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intellectual property rights owned by Defendant.

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VIT has a reasonable apprehension of suit because Defendant sent cease and
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COMPLAINT FOR A DECLARATORY JUDGMENT

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desist letters accusing VIT of infringement of the VICE mark.

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VIT denies that any of Defendant’s rights in the VICE mark are infringed.

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Pursuant to 28 U.S.C. §§ 2201 and 2202, VIT seeks a declaratory judgment that

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VIT has not and does not infringe the trademarks or other intellectual property rights owned by

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Defendant either directly, contributorily or by inducement.
PRAYER FOR RELIEF

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WHEREFORE, VIT prays as follows:

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1.

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Beverly Hills, California 90210
(310) 490-9777

THE KERNAN LAW FIRM

9663 Santa Monica Blvd., Suite 450

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For a declaration that VIT does not infringe and has not infringed any trademark

or other intellectual property owned by Defendant Vice either directly, contributorily or by
inducement.
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VIT have such other and further relief as the Court may deem just and

appropriate.

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DATED: January 12, 2018

THE KERNAN LAW FIRM

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By: _____/s/ S. Michael Kernan_________
S. Michael Kernan
Attorneys for Plaintiff
Vice Industry Token, Inc.

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COMPLAINT FOR A DECLARATORY JUDGMENT