Trademark Trial and Appeal Board Electronic Filing System. htips://estta.uspto.gov
`ESTTA Tracking number: ESTTA1527685
`Filing date: 03/30/2026
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding No. 91296831
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`Filing Party Plaintiff
`Advance Magazine Publishers, Inc.
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`Other Party Defendant
`Vogue Coffee Bar
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`Pending Motion There is no motion currently pending and no other motion is being filed concur-
`rent with this consent motion.
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`Attachments Motion to Suspend.pdf(3564337 bytes )
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`Consent Motion for Suspension in View of Civil Proceeding
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`The parties are engaged in a civil action which may have a bearing on this proceeding. Accordingly, Advance
`Magazine Publishers, Inc. hereby requests suspension of this proceeding pending a final determination of the
`civil action. Trademark Rule 2.117.
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`Advance Magazine Publishers, Inc. has secured the express consent of all other parties to this proceeding for
`the suspension requested herein.
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`Certificate of Service
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`The undersigned hereby certifies that a copy of this submission has been served upon all parties, at their ad-
`dress of record by Email on this date.
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`Respectfully submitted,
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`/Jeffrey M. Becker/
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`Jeffrey M. Becker
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`jeff.becker@haynesboone.com
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`03/30/2026
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`ADVANCE MAGAZINE
`
`PUBLISHERS, INC,, Mark: VOGUE BUBBLE TEA & COFFEE BAR
`
`Opposer, Serial No. 97/146,213
`V. Opposition No.91296831
`VOGUE COFFEE BAR,
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`Applicant.
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`L L L U U DN O LD LN LoD LN
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`OPPOSER’S CONSENTED MOTION TO SUSPEND
`PROCEEDI PENDI DISPOSIT IVIL ACTI
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`Pursuant to Trademark Rule 2.117(a), 37 C.F.R. § 2.117(a), and TBMP § 510.02(a), Opposer Advance
`Magazine Publishers, Inc., with the consent of Applicant Vogue Coffee Bar through its counsel of record,
`hereby moves the Board to suspend the above-captioned Opposition pending the final disposition of a civil
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`action between the parties.
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`On March 27, 2026, Opposer commenced a civil action against Vogue Enterprises, Inc., Applicant’s
`successor as evidenced by the Assignment recorded November 15, 2025, with the United States Patent and
`Trademark Office at Reel/Frame 9073/0620, in the United States District Court for the Northern District of
`Texas, captioned Advance Magazine Publishers Inc. d/b/a Condé Nast v. Vogue Enterprises, Inc. d/b/a Vogue
`Bubble Tea & Coffee Bar, Kari Stevens, Lucky 4 Ventures LLC, Case No. 3:26-cv-00993 (the “Civil Action”™).
`The Civil Action remains pending before the district court, and a copy of the Complaint is attached to this
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`submission.
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`The claims asserted in the Civil Action arise from the same facts and legal issues as those at issue in
`this Opposition, including claims for trademark infringement under 15 U.S.C. § 1114 and trademark dilution
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`under 15 U.S.C. § 1125(c), among others, of Opposer’s marks arising from Applicant’s use of the mark that
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`OPPOSER’S CONSENTED MOTION TO SUSPEND
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`PROCEEDINGS PENDING DISPOSITION OF CIVIL ACTION Page 1 of 2
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`is the subject of the Opposition. Accordingly, the final determination of the Civil Action will have a direct
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`bearing on the issues before the Board in this proceeding.
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`Under 37 C.F.R. § 2.117(a), “[w]henever it shall come to the attention of the Trademark Trial and
`Appeal Board that a civil action . . . may have a bearing on a pending case, proceedings before the Board may
`be suspended until termination of the civil action.”. It is the well-established policy of the Board to suspend
`proceedings when the parties are involved in a civil action that may be dispositive of, or have a bearing on,
`the Board proceeding. As the Board has recognized, “[a] civil action may involve other matters outside Board
`jurisdiction and may consider broader issues beyond the right to registration, and, therefore, judicial economy
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`is usually served by suspension.” TBMP § 510.02(a).
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`Opposer has conferred with counsel for Applicant regarding this motion, and Applicant, through its
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`counsel, has consented to the suspension of this Opposition pending the final disposition of the Civil Action.
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`For the foregoing reasons, Opposer respectfully requests that the Board suspend this Opposition
`pending the final disposition of the Civil Action, including the expiration of any time for appeal or further
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`review.
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`Respectfully submitted,
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`Date: 9/5017’0)’@ By: %/\*‘b&\'
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`HAYNES AND BOONE, LLP
`2801 N. Harwood Street, Suite 2300
`Dallas, Texas 75201
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`Telephone: 214/651-5066
`Facsimile: 214/200-0558
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`OPPOSER’S CONSENTED MOTION TO SUSPEND Pae .aF3
`PROCEEDINGS PENDING DISPOSITION OF CIVIL ACTION age o
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`ADVANCE MAGAZINE §
`PUBLISHERS, INC., § Mark: VOGUE BUBBLE TEA & COFFEE BAR
`§
`Opposer, § Serial No. 97/146,213
`§
`V. § Opposition No0.91296831
`§
`VOGUE COFFEE BAR, §
`§
`Applicant. §
`§
`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing Opposer’s Consented Motion to Suspend
`Proceedings Pending Disposition of Civil Action was served on March 30, 2025, on the following attorneys
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`of record for Applicant via email:
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`rex@t-rexlaw.com, david@t-rexlaw.com, shae@t-rexlaw.com
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`0Ly
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`Jeffrgy MeBecker
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`Case 3:26-cv-00993-E Document 1 Filed 03/27/26 Page 1 0of 36 PagelD 1
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF TEXAS
`DALLAS DIVISION
`
`ADVANCE MAGAZINE
`PUBLISHERS INC. d/b/a
`CONDE NAST,
`
`Plaintiff,
`
`v. CIVIL ACTION NO. 3:26-CV-0993
`VOGUE ENTERPRISES, INC. d/b/a
`VOGUE BUBBLE TEA & COFFEE BAR,
`KARI STEVENS,
`
`LUCKY 4 VENTURE LLC,
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`VoV o VoV e Vo cliV o rliV o cliV e ARV o RV o oV o oV o VO RV o ol
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`Defendants.
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`ORIGINAL COMPLAINT
`
`Advance Magazine Publishers Inc. d/b/a Condé Nast files this Original Complaint against
`Defendants Vogue Enterprises, Inc. d/b/a Vogue Bubble Tea & Coffee Bar, Kari Stevens, and
`Lucky 4 Venture LLC and respectfully states as follows:
`
`I PARTIES
`1. Plaintiff Advance Magazine Publishers Inc. d/b/a Condé Nast (“Condé Nast”) is
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`a corporation organized under the laws of the State of New York with its principal place of
`business at One World Trade Center, New York, New York 10007.
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`2. Defendant Vogue Enterprises, Inc. d/b/a Vogue Bubble Tea & Coffee Bar
`(“Vogue Enterprises”) is a corporation organized under the laws of the State of Texas with an
`address at 1135 Grand Central Parkway, Suite 376, Conroe, Texas 77385.
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`3. Defendant Kari Stevens is an individual residing at 23623 Balzano Ct., Katy,
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`Texas 77493.
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`Case 3:26-cv-00993-E Document 1 Filed 03/27/26 Page 2 0of 36 PagelD 2
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`4. Defendant Lucky 4 Venture LLC (“Lucky 4 Venture”) is a limited liability
`company organized under the laws of the State of Texas with an address at 136 Plumed Thistle
`Dr., Fort Worth, Texas 76131.
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`II. JURISDICTION AND VENUE
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`3. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
`1338(a), (b) because this action involves claims of trademark infringement arising under federal
`law as well as related claims of unfair competition. This Court has supplemental jurisdiction over
`claims arising under Texas law pursuant to 28 U.S.C. § 1367(a) because they are so related to the
`federal claims that they form part of the same case or controversy.
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`6. This Court has personal jurisdiction over Vogue Enterprises and Lucky 4 Venture
`because they are organized in Texas, maintain their principal place of business in Texas, and have
`directed and committed acts giving rise to Condé¢ Nast’s claims in Texas, including by
`distributing, marketing, and selling infringing products throughout Texas. Vogue Enterprises and
`Lucky 4 Venture also maintain registered agents for service of process in Texas.
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`7. This Court has personal jurisdiction over Kari Stevens because she resides in
`Texas and has directed and committed acts giving rise to Condé Nast’s claims in Texas, including
`by distributing, marketing, and selling infringing products throughout Texas.
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`8. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) because a
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`substantial part of the events or omissions giving rise to Condé Nast’s claims occurred in this
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`ORIGINAL COMPLAINT
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`Case 3:26-cv-00993-E Document 1 Filed 03/27/26 Page 30f36 PagelD 3
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`District. Venue is further proper in this District because at least one defendant resides in this
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`District and all defendants reside in the State of Texas.
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`III. FACTUAL ALLEGATIONS
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`A. Condé Nast Owns Considerable Trademark Rights in the VOGUE Marks.
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`0. Condé¢ Nast is a global media company and owner of some of the world’s most
`respected, recognized, and influential media properties and brands. Chief among those is
`VOGUE—a name that has been synonymous with fashion and culture for more than 130 years.
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`10. Condé Nast owns Vogue magazine and a series of “VOGUE” trademarks and
`trademark applications, including VOGUE, VOGUE.COM, and VOGUE CAFE, among many
`others.
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`11. Theiconic VOGUE Mark, which is capitalized and presented in a stylized font, has
`become indelibly associated with high fashion and unparalleled quality standards and serves as a
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`powerful symbol of Condé Nast’s goods and services throughout the world.
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`VOGLE
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`12. Condé¢ Nast, through its predecessors-in-interest, first used the VOGUE Mark in
`connection with a weekly fashion publication in 1892—making it one of the oldest and most
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`enduring trademarks in American history.
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`ORIGINAL COMPLAINT
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`Case 3:26-cv-00993-E Document 1 Filed 03/27/26 Page 4 of 36 PagelD 4
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`13. Since its founding, Vogue has grown into one of the longest-running and most
`widely recognized fashion publications in the world. Known universally as “The Fashion Bible,”
`Vogue has had an outsized influence on trends, culture, and the fashion industry in the United
`States and abroad. The U.S. print and digital editions of Vogue reach more than 25 million people
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`each month.
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`ORIGINAL COMPLAINT
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`Case 3:26-cv-00993-E Document 1 Filed 03/27/26 Page 50f36 PagelD 5
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`TIME WARP
`ROCKY HORROR
`STORMS
`BROADWAY
`
`BOOK SMART
`FASHION
`GETS LIT
`
`A POWERE
`> LADYGAG P &
`
`HOW DOJA CAT
`“THE MISSING PIECE WAS HAVING REAL LOVE” CAME OUT ON TOP
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`14. Condé Nast’s use of the VOGUE Mark extends far beyond the pages of its
`magazine. Cond¢é Nast uses the VOGUE Mark and variations thereof across an expansive portfolio
`of platforms and offerings, including its website (www.vogue.com), social media accounts
`spanning multiple platforms with millions of followers (Instagram, Facebook, X, TikTok), and a
`broad range of goods and services, including (but not limited to) videos, podcasts, social media
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`engagement, sponsorships, membership programs, e-commerce, cafés, café services, bars,
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`ORIGINAL COMPLAINT
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`Case 3:26-cv-00993-E Document 1 Filed 03/27/26 Page 6 of 36 PagelD 6
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`restaurant services, smartphone applications, clothing, shoes, bags, hats, coffee, coffee mugs
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`notebooks, accessories, and other offerings, as shown below.
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`1 -
`~
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`VOGLE
`w_
`
`|
`
`wa
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`VOGUE
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`ORIGINAL COMPLAINT
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`Case 3:26-cv-00993-E Document 1 Filed 03/27/26 Page 7 of 36 PagelD 7
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`VOGLE
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`15. Condé¢ Nast has a robust licensing program through which it offers businesses in
`various industries the opportunity to obtain rights to refer to themselves as VOGUE business
`partners and to use the VOGUE Mark in advertising their offerings.
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`16. As a direct result of the widespread, continuous, and exclusive use of the VOGUE
`Mark since 1892—combined with decades of extensive advertising, investment, and promotion—
`the VOGUE Mark has achieved worldwide recognition and legal acknowledgment as an inherently
`distinctive and “famous” trademark, including within the United States.
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`17. The fame of the VOGUE Mark has been confirmed by multiple legal authorities.
`At least one federal court has found as a matter of law that “the Vogue Trademarks are both highly
`distinctive and famous.” Likewise, in 2023, the U.S. Trademark Office Trademark Trial and
`Appeal Board found that “[t]here is no question that VOGUE is a famous mark.”
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`18. Condé¢ Nast owns hundreds of trademark registrations worldwide, including more
`than 50 active trademark registrations in the U.S. Patent and Trademark Office for marks that
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`contain its VOGUE Mark, including those shown below:
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`ORIGINAL COMPLAINT
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`Case 3:26-cv-00993-E Document 1
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`Filed 03/27/26
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`Page 8 of 36
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`PagelD 8
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`Mark
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`Reg. No.
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`Reg. Date
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`First Use in
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`Commerce
`
`Goods/Services
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`VOGUE
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`125,542
`
`May 20, 1919
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`Dec. 17, 1892
`
`Magazines
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`VOGUE
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`1,659,761
`
`Oct. 8, 1991
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`Jan. 1990
`
`Tote bags
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`VOGLUE
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`2,701,928
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`April 1, 2003
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`Jan. 1, 1998
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`Clothing, namely, T-
`shirts
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`VOGUE.COM
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`2,592,452
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`July 9, 2002
`
`Sep. 18,2000
`
`Providing fashion
`and beauty
`information
`distributed over
`television, satellite,
`wireless and global
`computer networks
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`VOGUE
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`4,138,408
`
`May 8, 2012
`
`March 31, 2011
`
`Downloadable
`computer software
`applications for use
`in connection with
`smartphones, PDA
`devices, tablet
`computers and other
`portable and
`handheld digital
`electronic devices,
`namely,
`downloadable
`software for
`accessing, viewing,
`interacting with and
`downloading content
`and information from
`magazines and
`websites in the field
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`ORIGINAL COMPLAINT
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`Case 3:26-cv-00993-E Document 1
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`Filed 03/27/26
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`Page 9 of 36
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`PagelD 9
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`of fashion, style and
`beauty
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`VOGUE
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`4,964,884
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`May 24, 2016
`
`Aug. 1,2012
`
`Advertising;
`Promotional services,
`namely, promoting
`the goods and
`services of others via
`digital and mobile
`networks; E-
`commerce services,
`namely, facilitating e-
`commerce business
`transactions by
`processing electronic
`orders for purchases
`of goods and services
`via a global computer
`network
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`VOGUE
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`5,413,137
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`Feb. 27,2018
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`Aug. 15,2017
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`Sweatshirts, hoodies,
`pajamas and shirts
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`VOGUE
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`5,655,921
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`Jan. 15, 2019
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`Sept. 24, 2018
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`Hand bags, totebags,
`luggage
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`(collectively, the “Registered VOGUE Marks”). True and correct copies of the
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`registration certificates for the Registered VOGUE Marks are attached as Exhibit A.
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`19.
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`In addition to owning registrations for the Registered VOGUE Marks, Condé Nast
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`has numerous pending trademark applications for the VOGUE Mark, as shown below:
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`Mark
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`Serial No.
`
`Filing Date
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`Publication
`
`Good/services
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`Date
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`VOGUE
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`90581335
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`Mar. 16, 2021
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`Jan. 3, 2023
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`Coffee, instant
`coffee; ground
`coffee; coffee in
`liquid form; tea,
`cocoa, sugar, rice,
`tapioca, sago,
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`ORIGINAL COMPLAINT
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`Case 3:26-cv-00993-E Document1 Filed 03/27/26 Page 10 of 36 PagelD 10
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`artificial coffee;
`flour and
`preparations made
`from cereals,
`namely, cereal-
`based snack foods;
`Frozen
`confectionery;
`Meals prepared
`from cereals,
`namely, processed
`cereals; Frozen
`dairy based
`desserts consisting
`of fruit and cream
`or cream
`substitutes,
`chocolate;
`chewing gum;
`pastries; honey,
`treacle; yeast,
`baking powders;
`salt, mustard;
`vinegar, sauces;
`spices; desserts;
`snack foods
`prepared from
`cereals; ice, ices
`and ice cream
`
`99701378 | Mar. 13, 2026 N/A Providing
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`temporary housing
`VOG UE CA FE accommodations;
`hotel
`accommodation
`services; bar
`services; café and
`restaurant services;
`provision of food
`and drink in
`restaurants;
`catering
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`10
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`ORIGINAL COMPLAINT
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`Case 3:26-cv-00993-E Document1l Filed 03/27/26 Page 11 0of 36 PagelD 11
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`98424897 | Feb. 28, 2024 N/A Providing
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`temporary
`V O G U E accommodations;
`
`. hotels; bar, café
`and restaurant
`services; provision
`of food and drink;
`catering services
`98485665 Apr. 5, 2024 N/A Services for
`VOGUE HOUSE providing food and
`drink; temporary
`accommodation;
`temporary
`accommodation;
`temporary
`accommodation
`information,
`advice and
`reservation
`services; hotel
`services; serving
`food and drinks;
`providing on-line
`information
`relating to food,
`drink and
`temporary
`accommodation;
`services for
`providing food and
`drink; cafés; pubs;
`café services;
`cafés and snack-
`bar services;
`restaurant, bar and
`café services.
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`20. Condé¢ Nast has a pending trademark application (Serial No. 90581335) for use of
`the VOGUE Mark in connection with coffee and tea.
`21. Condé Nast has pending trademark applications for use of the VOGUE Mark
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`(Serial No. 98424897), VOGUE CAFE Mark (Serial No. 97286977), and VOGUE HOUSE Mark
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`11
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`ORIGINAL COMPLAINT
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`Case 3:26-cv-00993-E Document 1 Filed 03/27/26 Page 12 of 36 PagelD 12
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`(Serial No. 98485665) in connection with café and restaurant services and provision of food and
`drink.
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`22. Condé¢ Nast has used the VOGUE Mark and VOGUE CAFE Mark in connection
`with cafés and restaurants operated by Condé Nast or its licensees in major cities around the world,
`including Doha, Qatar; Beijing, China; Istanbul, Turkey; Sydney, Australia; London, England;
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`Paris, France; Milan, Italy; Moscow, Russia; and Porto, Portugal, as shown below.
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`12
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`ORIGINAL COMPLAINT
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`Case 3:26-cv-00993-E Document 1 Filed 03/27/26 Page 13 0of 36 PagelD 13
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`ORIGINAL COMPLAINT
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`Case 3:26-cv-00993-E Document1 Filed 03/27/26 Page 14 of 36 PagelD 14
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`23. At the Sydney Vogue Café, for example, Condé Nast serves an assortment of
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`drinks, including coffee and hot and cold tea, as well as baked goods and breakfast items.
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`ORIGINAL COMPLAINT
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`Case 3:26-cv-00993-E Document 1 Filed 03/27/26 Page 150f 36 PagelD 15
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`SYDNEY l -
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`NOG!
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`24. These establishments are a natural and well-recognized extension of Condé Nast’s
`rights in the VOGUE Marks into the food, beverage, and hospitality industries and align with
`current trends among fashion houses and lifestyle brands expanding into the food and beverage
`industry.
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`25. Through enormous and sustained investment for decades, Condé Nast has
`established extraordinary trademark rights, brand recognition, and consumer goodwill in the
`VOGUE Mark, Registered VOGUE Marks, and VOGUE CAFE Mark (collectively, the “VOGUE
`Marks”) throughout the United States and internationally, including in Texas and this District. The
`consuming public throughout the United States has long come to associate the VOGUE Marks as
`an unmistakable identifier of Condé Nast as a source of high-quality print and online publications,
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`lifestyle products, clothing, products, and services.
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`ORIGINAL COMPLAINT
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`Case 3:26-cv-00993-E Document1 Filed 03/27/26 Page 16 of 36 PagelD 16
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`26. Condé¢ Nast has established substantial common law rights in the VOGUE Marks
`throughout the U.S. for a wide range of goods and services beyond those listed in its federal
`registrations and applications.
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`27. Condé Nast has expended considerable amounts of time, skill, labor, and money
`designing, developing, promoting, and protecting its rights in the VOGUE Marks.
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`28. Condé¢ Nast has invested millions of dollars advertising, marketing, and promoting
`the VOGUE Marks throughout the United States and internationally, including through national
`television, print, Internet, and social media advertising campaigns that prominently feature the
`VOGUE Marks.
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`B. Defendants’ Deliberate Dilution and Infringement of the VOGUE Marks.
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`29. On August 17, 2018, Kari Stevens formed Vogue Coffee Bar LLC, a Texas limited
`liability company out of Cypress, Texas, and served as its Chief Operating Officer.
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`30. Despite the extraordinary nationwide and international consumer goodwill and
`brand recognition Condé Nast has established in the VOGUE Marks through decades of hard work
`and investment, in April 2020—more than a century after Condé Nast first began using the
`VOGUE Mark—Kari Stevens brazenly began marketing, distributing, and selling products under
`the name “VOGUE” and “VOGUE BUBBLE TEA & COFFEE BAR” in connection with a coffee
`and tea business located at 7025 Fry Road, Suite 100, Cypress, Texas 77433 and on its website
`(www.voguecoffeebar.com) in a manner that directly dilutes and infringes Condé Nast’s well-
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`established and famous VOGUE Marks.
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`ORIGINAL COMPLAINT
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`Case 3:26-cv-00993-E Document 1 Filed 03/27/26 Page 17 of 36 PagelD 17
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`31. The Fry Road location has since been rebranded as “M Tea & Coffee” under
`different ownership, and Vogue Coffee Bar LLC has been forfeited due to its failure to comply
`with state law.
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`32. On November 2, 2021, Stevens formed a new Texas entity, Vogue Enterprises, Inc.
`d/b/a Vogue Bubble Tea & Coffee Bar (“Vogue Enterprises”), with an address at 1135 Grand
`Central Parkway, Suite 250, Conroe, Texas 77304. Stevens is the Chief Operating Officer of
`Vogue Enterprises.
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`33. On November 29, 2021, Stevens, in the name of Vogue Coffee Bar, filed a
`trademark application with the U.S. Patent and Trademark Office for the mark VOGUE BUBBLE
`TEA & COFFEE BAR, which was assigned Serial No. 97146213 (“Infringing Trademark
`Application”).
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`34, In 2022, Stevens and Vogue Enterprises began offering coffee and bubble tea shop
`franchises under the name VOGUE BUBBLE TEA & COFFEE BAR and operating the website,
`www.voguebubbleteaandcoffeebar.us.
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`35. Stevens and Vogue Enterprises authorize and direct their franchisees to use the
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`word “VOGUE,” either alone or prominently displayed with the generic phrase “Bubble Tea &
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`17
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`ORIGINAL COMPLAINT
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`Case 3:26-cv-00993-E Document 1 Filed 03/27/26 Page 18 of 36 PagelD 18
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`Coffee Bar” or similar phrases (the “Infringing Marks”) on coffee shops, cafés, and products in a
`manner deliberately designed to evoke and trade on the famous VOGUE Marks.
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`36. Stevens and Vogue Enterprises promote their brand and products and actively
`solicit additional franchises through their website (www.voguebubbleteaandcoffeebar.us) and
`social media platforms, including Instagram and Facebook.
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`37. The Vogue Enterprises website currently lists that there are four locations operating
`under the Infringing Marks in Texas, three in Indiana, and one in Montana. See Locations,
`https://voguebubbleteaandcoffeebar.us/locations. Stevens and Vogue Enterprises are actively
`seeking to expand their current footprint into new states, including Utah, and develop more
`franchises in Texas. Vogue Bubble Tea & Coffee Bar locations have recently expanded into
`Walmart stores, as well. See Walmart Leasing, https://voguebubbleteaandcoffeebar.us/walmart-
`leasing and Welcome to our Great Falls, MT Location (Located in Walmart Supercenter) Sip &
`
`Shop, https://voguebubbleteaandcoffeebar.us/great-falls%2C-mt.
`
`HOME MENU FRANCHISE OPPORTUNITY v CONTACT LOCATIONS
`
`Welcome to our Great Falls, MT Location (Located in Walmart Supercenter) Sip &
`Shop
`
`| VOGUE
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`= BUBBLE TEA & COFFEE BAR ===
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`ORIGINAL COMPLAINT
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`Case 3:26-cv-00993-E Document1l Filed 03/27/26 Page 19 of 36 PagelD 19
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`38. The total investment to begin operation of a franchise ranges from $197,300 to
`$404,750, which includes an initial franchise fee of $30,000 to be paid to Vogue Enterprises. See
`Franchise Fees, Build-Out & Start-Up Costs, https://voguebubbleteaandcoffeebar.us/franchise-
`investment.
`
`39. Defendant Lucky 4 Venture operates two Vogue Bubble Tea & Coffee Bar
`franchises in Texas—Ilocated at 2484 Avondale-Haslet Road, Suite 500, Haslet, Texas 76052 and
`417 East Highway 199 #2, Springtown, Texas 76082.
`
`40. Lucky 4 Venture promotes the VOGUE BUBBLE TEA & COFFEE BAR brand
`and products and actively solicits business through social media platforms, including Instagram
`and Facebook.
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`41. The other two Texas franchises are located at 1221 West Airport Freeway, Suite
`111, Irving, Texas 75062 and 2424 W Pioneer Pkwy, Suite B, Pantego, Texas 76013.
`
`42. Stevens, Vogue Enterprises, and Lucky 4 Venture (collectively “Defendants”), as
`well as other franchisees whose identities are presently unknown, use the Infringing Marks in a
`manner that infringes Condé Nast’s well-established rights in the VOGUE Marks and is likely to
`cause consumer confusion and dilute the value of the VOGUE Marks. Compounding the likelihood
`of confusion, Defendants use the Infringing Marks in a manner that closely resembles Condé
`
`Nast’s use of the VOGUE Marks, including as shown below:
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`19
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`ORIGINAL COMPLAINT
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`Case 3:26-cv-00993-E Document1 Filed 03/27/26 Page 20 of 36 PagelD 20
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`VOGUE Marks Infringing Marks
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`20
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`ORIGINAL COMPLAINT
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`Case 3:26-cv-00993-E Document 1
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`Filed 03/27/26
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`Page 21 of 36
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`PagelD 21
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`
`™
`-
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`ORIGINAL COMPLAINT
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`21
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`Case 3:26-cv-00993-E Document 1
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`Filed 03/27/26 Page 22 of 36 PagelD 22
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`Vogue: Fashion
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`43. Stevens and Vogue Enterprises operate, market, and promote a Vogue Bubble Tea
`
`& Coffee Bar mobile app and a “Vogue Perks” program through the app in a manner that suggests
`
`affiliation with Condé Nast’s VOGUE app and infringes and dilutes Condé Nast’s rights in the
`
`federal registration for the VOGUE Mark in connection with “downloadable computer software
`
`applications for use in connection with smartphones” (Reg. No. 4,138,408).
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`ORIGINAL COMPLAINT
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`Case 3:26-cv-00993-E Document1 Filed 03/27/26 Page 23 of 36 PagelD 23
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`Vogue Bubble Tea &
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`44. The registration and use by Stevens of Vogue Enterprises, Inc. as the name of a
`business operating coffee shops and selling coffee and related products adds to the confusion and
`suggested affiliation with Condé Nast.
`
`45. Defendants’ (as well as other unknown franchisees’) use of the Infringing Marks in
`connection with their advertising, marketing, and selling products in commerce throughout the
`United States, including in Texas and this District, has misled and is likely to continue to mislead
`consumers as to the source, affiliation, and sponsorship of Defendants’ goods and services, and to
`dilute the VOGUE Marks. Consumers encountering products and services branded with the
`Infringing Marks are likely to believe that the products and services are affiliated with, connected
`
`to, associated with, or endorsed by Condé Nast when they are not.
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`23
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`ORIGINAL COMPLAINT
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`Case 3:26-cv-00993-E Document1 Filed 03/27/26 Page 24 of 36 PagelD 24
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`46. Defendants were unquestionably aware of Condé Nast and the VOGUE Marks
`when they commenced their use of the Infringing Marks. This conclusion is compelled by the
`following overwhelming evidence: (1) Condé Nast’s widescale, continuous, and nationwide use of
`the VOGUE Marks predates Defendants’ infringement by more than a century; (i1) Condé Nast
`has long owned numerous publicly-available federal trademark registrations for the VOGUE
`Marks, which provide constructive notice to the entire world—including Defendants—of Condé
`Nast’s rights in the VOGUE Marks; (ii1) Condé Nast is a multi-brand company that has long owned
`common law rights in many VOGUE Marks covering the very goods and services Defendants
`offer; (iv) VOGUE is one of the most recognized brands in any industry; and (v) the VOGUE
`Marks are famous.
`
`47. 1t is therefore inconceivable that Defendants were unaware of Condé Nast’s
`exclusive rights in the VOGUE Marks when they commenced their infringement. Nevertheless,
`with full knowledge of those rights, Defendants decided to move forward with marketing and
`selling products using the Infringing Marks—conduct that demonstrates willful disregard for
`Condé¢ Nast’s intellectual property.
`
`48. As a direct and proximate result of the actions of Defendants, Condé Nast has
`suffered and will continue to suffer irreparable harm to its brand, reputation, and goodwill, the full
`nature, extent, and amount of which cannot be ascertained at this time. Condé Nast is therefore
`
`entitled to both preliminary and permanent injunctive relief in addition to damages.
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`24
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`ORIGINAL COMPLAINT
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`Case 3:26-cv-00993-E Document 1 Filed 03/27/26 Page 25 0f 36 PagelD 25
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`C. Condé Nast Notifies Stevens and Vogue Enterprises about Its Rights.
`
`49. On February 3, 2025, Condé Nast sent Stevens and Vogue Enterprises a letter
`objecting to their use of the Infringing Marks and the deliberate, unauthorized association they
`have created with Condé Nast.
`
`50. Stevens and Vogue Enterprises have refused to cease their unauthorized activity.
`Instead, they have doubled down on their illegal conduct, continuing to intentionally trade on the
`goodwill, prestige, and fame Condé Nast has built in the VOGUE Marks—without Condé Nast’s
`approval, consent, or authorization.
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`51. Stevens and Vogue Enterprises’ refusal to cease their conduct even after receiving
`direct notice from Condé Nast confirms that their conduct is willful and deliberate.
`
`52. On February 7, 2025, Condé Nast filed a Notice of Opposition with the Trademark
`Trial and Appeal Board of the U.S. Patent and Trademark Office to prevent the issuance of the
`Infringing Trademark Application (Opposition No. 91296831).
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`IV. CAUSES OF ACTION
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`Count One: Trademark Infringement, 15 U.S.C. § 1114 (against all Defendants)
`
`53. Condé Nast reincorporates by reference the allegations in the foregoing paragraphs,
`inclusive, as if the same were set out here in full.
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`54. Condé Nast owns valid and incontestable federal registrations for the Registered
`VOGUE Marks.
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`55. Condé Nast has continuously used the Registered VOGUE Marks in commerce and
`has established extraordinary brand recognition and goodwill with respect to the Registered
`
`VOGUE Marks.
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`25
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`ORIGINAL COMPLAINT
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`Case 3:26-cv-00993-E Document 1 Filed 03/27/26 Page 26 of 36 PagelD 26
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`56. Defendants have sold, offered to sell, and distributed products throughout the
`United States by displaying the Infringing Marks and iterations thereof to advertise, market, and
`sell products and services without Condé Nast’s authorization.
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`57. Defendants’ actions are likely to cause consumer confusion, mistake, and deception
`in violation of 15 U.S.C. § 1114.
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`58. Condé Nast has no control over the nature or quality of the products sold and
`offered for sale by Defendants. Any failure, neglect, or default of Defendants in providing quality
`goods to consumers will reflect adversely upon Condé Nast as the perceived source of origin and/or
`approval of the products, thereby harming Condé¢ Nast and the consuming public.
`
`59. Condé Nast has been damaged and will continue to be damaged by Defendants’
`infringement of the VOGUE Marks, and Condé Nast seeks and is entitled to recover its actual
`damages, Defendants’ profits from the infringement, and the costs of this action pursuant to 15
`US.C. § 1117(a).
`
`60. This case is “exceptional” within the meaning of 15 U.S.C. § 1117(a). Defendants
`willfully adopted and continue to use the Infringing Marks to sell and offer products throughout
`the United States despite Condé Nast's widespread and continuous use of the VOGUE Marks for
`well over a century preceding Defendants’ infringement, despite Condé Nast's numerous publicly
`available trademark registrations, and despite Cond¢ Nast’s demand that Defendants cease-and-
`desist from further infringement. Because this case is exceptional, Condé Nast is entitled to recover
`its attorneys’ fees incurred pursuing this action pursuant to 15 U.S.C. § 1117(a).
`
`61. Defendants’ activities have caused and, unless enjoined, will continue to cause
`irreparable injury to Condé Nast and the goodwill Condé Nast has established in its products,
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`brand, and the VOGUE Marks over the decades.
`26
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`ORIGINAL COMPLAINT
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`Case 3:26-cv-00993-E Document 1 Filed 03/27/26 Page 27 of 36 PagelD 27
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`Count Two: Unfair Competition, False Designation of Origin, 15 U.S.C. § 1125(a)(1)(A)
`(against all Defendants)
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`62. Condé Nast reincorporates by reference the allegations in the foregoing paragraphs,
`inclusive, as if the same were set out here in full.
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`63. Condé Nast has continuously used the VOGUE Marks in commerce and has
`established extraordinary brand recognition and goodwill with respect to the VOGUE Marks.
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`64. Defendants have deliberately used variations of the VOGUE Marks to market their
`products and services, including cafés and tea and coffee products, in a manner designed to suggest
`to consumers that Defendants’ products and services are Condé Nast products or are affiliated
`with, authorized by, or