ESTTA Tracking number:
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`ESTTA1414956
`
`Filing date:
`
`02/13/2025
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
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`92087230
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`Party
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`Correspondence
`address
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`Submission
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`Filer's name
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`Filer's email
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`Signature
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`Date
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`Defendant
`Samuel Mirejovsky
`
`SAMUEL MIREJOVSKY
`1108 S. CASINO CENTER BLVD.
`LAS VEGAS, NV 89104
`UNITED STATES
`Primary email: client@pirkeybarber.com
`No phone number provided
`
`Motion to Suspend for Civil Action
`
`David E. Armendariz
`
`tmcental@pirkeybarber.com, bbarber@pirkeybarber.com, darmendar-
`iz@pirkeybarber.com, eolson@pirkeybarber.com
`
`/David E. Armendariz/
`
`02/13/2025
`
`Attachments
`
`Motion to Suspend.pdf(4341142 bytes )
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`

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`UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`
`THE SAM BERSTEIN LAW FIRM, PLLC.,
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`
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`v.
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`SAMUEL MIREJOVSKY,
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`
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`NOTICE OF RELATED CIVIL ACTIONS
`AND STIPULATED REQUEST FOR SUSPENSION
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`
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`Petitioner,
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`Registrant.
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`
`
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`Cancellation No. 92087230
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`
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`Registrant Samuel Mirejovsky and Petitioner The Sam Berstein Law Firm,
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`PLLC, give notice to the Board that related civil actions have been filed by the parties
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`that may have a bearing on this proceeding. In particular, Registrant and his related
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`parties filed an action for declaratory judgment in the United States District Court
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`for the District of Nevada,1 and Petitioner filed an action in the United States District
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`Court for the Central District of California alleging trademark infringement and
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`unfair competition and seeking cancellation of the registration that is the subject of
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`this cancellation proceeding.2 Both lawsuits involve the same parties, marks and
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`registrations as those in this proceeding, and the results in those lawsuits are likely,
`
`if not certain, to have a bearing on the outcome of this proceeding.
`
`
`
`1 Case No. 2:24-cv-02125, Sam & Ash, LLP et al. v. The Sam Bernstein Law Firm,
`PLLC, attached as Exhibit 1.
`2 Case No. 2:24-cv-10246, The Sam Bernstein Law Firm, PLLC v. Sam & Ash LLP et
`al., attached as Exhibit 2.
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`
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`1
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`

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`Accordingly pursuant to 37 CFR § 2.117(a) and TBMP § 510.02(a), the parties
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`request that the Board suspend this proceeding pending the outcome of their pending
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`civil actions. Petitioner has stipulated to the requested suspension, as indicated by
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`the signature of Petitioner’s counsel below.
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`
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`DATED: February 13, 2025
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`Respectfully submitted,
`
`
`
`/David E. Armendariz/
`William G. Barber
`David E. Armendariz
`PIRKEY BARBER PLLC
`1801 East 6th Street, Suite 300
`Austin, TX 78702
`(512) 322-5200
`(512) 322-5201 (fax)
`bbarber@pirkeybarber.com
`darmendariz@pirkeybarber.com
`
`Attorneys for Registrant
`
`/David H. Bernstein/ w/permission__
`David H. Bernstein
`DEBEVOISE & PLIMPTON LLP
`650 California Street
`San Francisco, CA 94108
`(212) 909-6696
`dhbernstein@debevoise.com
`
`Anna M. Rennich
`Eli M. Goldman
`66 Hudson Boulevard
`New York, NY 10001
`(212) 909-6000
`amrennic@debevoise.com
`emgoldman@debevoise.com
`trademarks@debevoise.com
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`Attorneys for Petitioner
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`STIPULATED:
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`2
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`CERTIFICATE OF SERVICE
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`Under Trademark Rule 2.119, I certify that on February 13, 2025, I served a
`copy of this document by email on counsel for Petitioners listed below:
`
`DAVID H. BERNSTEIN, ESQ.
`DEBEVOISE & PLIMPTON LLP
`650 CALIFORNIA STREET
`SAN FRANCISCO, CA 94108
`UNITED STATES
`dhbernstein@debevoise.com, amrennic@debevoise.com, emgoldman@debevoise.com,
`trademarks@debevoise.com
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`/David E. Armendariz/
`David E. Armendariz
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`3
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`EXHIBIT 1
`EXHIBIT 1
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`

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`Case 2:24-cv-02125 Document 1 Filed 11/14/24 Page 1 of 9
`
`
`
`ZUMPANO PATRICIOS POPOK & HELSTEN, PLLC
`Amanda J. Brookhyser
`Nevada Bar No. 11526
`Danielle R. Jimenez
`Nevada Bar No. 16717
`1210 South Valley View Blvd., Suite 215
`Las Vegas, NV 89102
`702-583-3326
`Abrookhyser@zplaw.com
`Djimenez@zplaw.com
`
`And
`
`PIRKEY BARBER PLLC
`
`William G. Barber
`Texas Bar No. 01713050
`Pro Hac Vice Application Forthcoming
`David E. Armendariz
`Texas Bar No. 24082636
`Pro Hac Vice Application Forthcoming
`1801 E. 6th Street, Suite 300
`Austin, TX 78702
`(512) 322-5200
`(512) 322-5201 (fax)
`bbarber@pirkeybarber.com
`darmendariz@pirkeybarber.com
`Counsel for Plaintiffs Sam & Ash, LLP
`and Samuel Mirejovsky
`
`
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEVADA
`
`
`
`SAM & ASH, LLP and SAMUEL
`MIREJOVSKY,
`
`
`
`
`Plaintiffs,
`
`
`v.
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`THE SAM BERNSTEIN LAW FIRM,
`PLLC,
`
`
`Defendant.
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`
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`Civil Action No. _______________
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`COMPLAINT FOR DECLARATORY JUDGMENT
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`Case 2:24-cv-02125 Document 1 Filed 11/14/24 Page 2 of 9
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`
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`Plaintiffs Sam & Ash, LLP and Samuel Mirejovsky bring this complaint for declaratory
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`judgment against Defendant The Sam Bernstein Law Firm, PLLC.
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`THE PARTIES
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`1.
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`Plaintiff Sam & Ash, LLP is a Nevada limited liability partnership with its principal
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`address at 1108 S. Casino Center Blvd., Las Vegas, Nevada 89104.
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`Plaintiff Samuel Mirejovsky is a Nevada resident domiciled in Las Vegas.
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`For convenience, this complaint will refer to the Plaintiffs together as “Sam &
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`2.
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`3.
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`Ash.”
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`4.
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`On information and belief, Defendant The Sam Bernstein Law Firm, PLLC is a
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`Michigan professional limited liability company with its principal address at 31731 Northwestern
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`Highway, Suite 333, Farmington Hills, Michigan 48334.
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`NATURE OF ACTION, JURISDICTION, & VENUE
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`5.
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`This action seeks a declaratory judgment of non-infringement of trademarks under
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`the Lanham Act, 15 U.S.C. § 1051 et seq.
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`6.
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`7.
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`1.
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`8.
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`The Court has subject-matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
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`Venue in this District is proper under 28 U.S.C. § 1391(b)(1) and (b)(2).
`
`FACTS
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`Sam & Ash and its Marks
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`Sam & Ash is a well-known and highly respected law firm that has been
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`representing clients in personal injury lawsuits in Nevada and California for many years.
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`9.
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`Sam & Ash was founded by Plaintiff Samuel Mirejovsky in or around 2019. Sam
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`& Ash represents injured parties in all types of personal injury cases, including those involving
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`automobile accidents, premises liability, product liability, and assault.
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`Case 2:24-cv-02125 Document 1 Filed 11/14/24 Page 3 of 9
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`10.
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`As the result of years of fierce advocacy on behalf of its clients, Sam & Ash has
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`built a strong reputation for aggressive representation of injury victims and their families,
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`particularly in Nevada and California.
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`11.
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`In connection with its provision of legal services, Sam & Ash owns and has
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`continuously used several trademarks, including the marks SAM & ASH, SAM AND ASH, SAM
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`& ASH WHAT’S RIGHT., IN A CRASH? CALL SAM & ASH, and the design mark shown
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`below (together, the “SAM & ASH Marks”):
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`12.
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`Through its continuous use in commerce, Sam & Ash enjoys valuable common law
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`rights in its SAM & ASH Marks.
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`13.
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`The SAM & ASH Marks are inherently distinctive and serve to identify and indicate
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`the source of Sam & Ash’s services to the public.
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`14.
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`Sam & Ash has developed significant goodwill in its SAM & ASH Marks. That
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`goodwill is important and valuable to Sam & Ash.
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`15.
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`In addition to its strong common law rights in the SAM & ASH Marks, Sam & Ash
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`also owns federal registrations for the marks (in the name of Mirejovsky), including the
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`registrations listed below, all covering “Attorney services; Legal services” in International Class
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`45:
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`Registered Mark
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`SAM AND ASH
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`Registration No. (RN)
`Application Serial No. (SN)
`Registration Date
`RN: 5,789,716
`SN:88/101,503
`Registered: June 25, 2019
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`Case 2:24-cv-02125 Document 1 Filed 11/14/24 Page 4 of 9
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`SAM & ASH
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`SAM & ASH WHAT’S RIGHT.
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`RN: 6,046,929
`SN: 88/642,024
`Registered: May 5, 2020
`RN: 6,046,931
`SN: 88/642,028
`Registered: May 5, 2020
`SAM & ASH WHAT’S RIGHT. (Stylized) RN: 5,949,855
`SN: 88/477,852
`Registered: December 31, 2019
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`16.
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`On August 25, 2023, Mirejovsky filed U.S. Application Serial No. 98/150,384 (the
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`“Application”) to register the mark IN A CRASH? CALL SAM & ASH (the “SAM & ASH
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`Slogan”) covering “Attorney Services; Legal Services” in International Class 45 pursuant to 15
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`U.S.C. § 1051(b).
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`17.
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`On May 8, 2024, the U.S. Patent and Trademark Office (“USPTO”) issued a Notice
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`of Publication under 15 U.S.C. § 1062(a) for the Application, determining that the SAM & ASH
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`Slogan appears to be entitled to registration.
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`18.
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`The issuance of the Notice of Publication reflects the conclusion of the USPTO that
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`the SAM & ASH Slogan does not pose a likelihood of confusion with any other mark registered
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`with the USPTO. 15 U.S.C. § 1052(d).
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`19.
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`The Application was published in the Trademark Official Gazette on May 28, 2024,
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`opening the 30-day time period under 15 U.S.C. § 1063(a) for potentially interested parties to
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`oppose registration of the Application at the USPTO.
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`20.
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`No opposition to the Application was filed during the opposition period.
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`21.
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`On September 17, 2024, Mirejovsky submitted a Statement of Use and specimen
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`in support of the Application to the USPTO, showing use of the SAM & ASH Slogan.
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`Case 2:24-cv-02125 Document 1 Filed 11/14/24 Page 5 of 9
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`22.
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`The SAM & ASH Slogan has been used in United States commerce since at least
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`as early as May of 2024.
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`23.
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`Below is an example of Sam & Ash’s use of the Slogan on a public billboard:
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`24.
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`As shown in the example above, the SAM & ASH Slogan contains within it the
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`SAM & ASH house mark. Additionally, in the example above, the SAM & ASH house mark
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`within the Slogan is emphasized in bold letters, and the Slogan itself is shown alongside the SAM
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`& ASH house mark and logo, a photograph of Mirejovsky and his partner Ash Watkins, the Sam
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`& Ash website address, and the firm’s phone number.
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`2.
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`The Sam Bernstein Law Firm
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`25.
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`On information and belief, Defendant The Sam Bernstein Law Firm, PLLC
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`(“SBLF”) is a personal injury law firm located in Michigan.
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`26.
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`On November 5, 2024, outside counsel for SBLF sent a cease and desist letter (the
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`“Letter”) to Sam & Ash, alleging trademark infringement and counterfeiting of SBLF’s alleged
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`rights in the mark CALL SAM (the “SBLF Mark”). A copy of the Letter is attached as Exhibit A.
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`27.
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`The Letter threatened that if Plaintiffs do not respond by agreeing to cease use of
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`the SAM & ASH Slogan and abandon the Application, SBLF will have “no choice” but to (1)
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`Case 2:24-cv-02125 Document 1 Filed 11/14/24 Page 6 of 9
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`
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`“seek injunctive relief” and (2) petition to cancel Sam & Ash’s eventual trademark registration for
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`the Slogan.
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`28.
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`The Letter further threatens that “if forced to pursue a dispute in court, [SBLF]
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`would be entitled to an injunction against further uses of the [SAM & ASH Slogan], statutory
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`damages for [Sam & Ash’s] counterfeit use of the [SBLF Mark], and attorneys’ fees.”
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`29.
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`USPTO records indicate that SBLF owns a registration for CALL SAM covering
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`“legal services” in International Class 42, U.S. Registration No. 1,548,696 (the “SBLF
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`Registration”).
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`30.
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`Contrary to SBLF’s allegations in the Letter, the SAM & ASH Slogan is highly
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`distinguishable from the SBLF Mark, and there is no likelihood of confusion resulting from Sam
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`& Ash’s use of the Slogan.
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`31.
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`The SAM & ASH Slogan has a different overall commercial impression to
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`consumers than the SBLF Mark.
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`32.
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`The SAM & ASH Slogan prominently features Sam & Ash’s well-known SAM &
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`ASH house mark, distinguishing it from the SBLF Mark.
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`33.
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`The SAM & ASH Slogan has a rhyming cadence (IN A CRASH? CALL SAM &
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`ASH) that further distinguishes it from the SBLF Mark.
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`34.
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`Sam & Ash typically use the SAM & ASH Slogan alongside other indicators that
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`reveal the source of the services offered under the mark, including the SAM & ASH house mark
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`and logo, photographs of Mirejovsky and Watkins, and contact information for Sam & Ash,
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`including the website address and telephone number.
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`35.
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`Both the SAM & ASH Slogan and the SBLF Mark coexist with countless law firms
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`across the country that include “SAM” (or variations thereof) in their name or trademarks.
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`36.
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`The SBLF Mark is weak and has minimal distinctiveness.
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`Case 2:24-cv-02125 Document 1 Filed 11/14/24 Page 7 of 9
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`37.
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`“CALL” and “CALL [name]” are highly diluted and weak elements in a crowded
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`field of similar marks that are registered and used in the legal industry.
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`38.
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`The SBLF Registration for CALL SAM coexists with dozens of other live
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`trademark registrations and applications covering legal services in Class 42 that feature “CALL”
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`or “CALL [name]” as a component of the mark.
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`39.
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`The USPTO, the expert agency for examining trademark applications, passed the
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`Application for the SAM & ASH Slogan to publication, reflecting its determination that the Slogan
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`does not pose a likelihood of confusion with any registered marks, including CALL SAM or any
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`other marks registered by SBLF.
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`40.
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`Consumers encountering the SAM & ASH Slogan are not likely to be confused or
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`to mistakenly believe that Sam & Ash is associated with SBLF or its marks in any way.
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`41.
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`SBLF’s threats and demands are a direct challenge to Sam & Ash’s right to use and
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`register the SAM & ASH Slogan.
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`42.
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`SBLF’s direct and unequivocal threats of litigation, to occur both in court and in
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`proceedings at the USPTO, place a cloud over Sam & Ash’s business and its rights in its marks.
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`43.
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`In response to SBLF’s explicit allegations of trademark infringement and
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`counterfeiting, its imminent threats to pursue formal legal action, and its demand that Sam & Ash
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`cease use and abandon rights in the SAM & ASH Slogan, Plaintiffs file this declaratory judgment
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`action to clarify and settle legal their right to use, and continue in the future using, the Slogan.
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`COUNT I:
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`DECLARATORY JUDGMENT OF NON-INFRINGEMENT
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`(Lanham Act, 15 U.S.C. § 1051 et seq.; 28 U.S.C. §§ 2201 & 2202)
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`44.
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`Sam & Ash incorporates and re-asserts the allegations above.
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`Case 2:24-cv-02125 Document 1 Filed 11/14/24 Page 8 of 9
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`45.
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`SBLF has expressly accused Sam & Ash of trademark infringement and
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`counterfeiting and has threatened imminent formal legal action in its November 5, 2024 letter.
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`46.
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`However, SBLF cannot prove the elements of trademark infringement under the
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`Lanham Act.
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`47.
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`Specifically, SBLF cannot prove that there is a likelihood of confusion resulting
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`from Sam & Ash’s use of the SAM & ASH Slogan.
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`48.
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`Among other factors contributing to the lack of any likelihood of confusion, the
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`parties use different marks, along with different house marks, SBLF’s rights are extremely narrow
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`given numerous co-existing third-party “CALL” and “CALL [name]” marks for legal services, the
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`parties offer their services in distinct geographic locations (with Sam & Ash currently in Nevada
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`and California and SBLF, on information and belief, offering services only in Michigan), and Sam
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`& Ash adopted and uses the SAM & ASH Slogan in good faith.
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`49.
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`Because there is no likelihood of confusion, Sam & Ash has not infringed,
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`counterfeited, or otherwise violated any of SBLF’s alleged rights under the Lanham Act or any
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`other applicable law. Further, Sam & Ash’s continued use of the SAM & ASH Slogan in the future
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`will not infringe or violate any of those alleged rights.
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`50.
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`A case of actual controversy exists about these issues, as shown by SBLF’s
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`unambiguous claims and legal threats in its November 5, 2024 letter, in which it imminently
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`threatened formal legal action.
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`51.
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`Sam & Ash is entitled to a declaratory judgment to clarify and settle its legal rights.
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`Sam & Ash asks the Court to:
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`PRAYER
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`A.
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`enter a declaratory judgment of non-infringement for Sam & Ash under the Lanham
`Act and 28 U.S.C. §§ 2201 & 2202;
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`Case 2:24-cv-02125 Document 1 Filed 11/14/24 Page 9 of 9
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`B.
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`award Sam & Ash its costs and reasonable attorney fees under 15 U.S.C. § 1117(a);
`and
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`C.
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`award any other relief that the Court deems just and proper.
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`Respectfully submitted,
`
`/s/ Amanda J. Brookhyser
`Amanda J. Brookhyser
`Nevada Bar No. 11526
`Danielle R. Jimenez
`Nevada Bar No. 16717
`1210 South Valley View Blvd., Suite 215
`Las Vegas, NV 89102
`702-583-3326
`Abrookhyser@zplaw.com
`Djimenez@zplaw.com
`
`and
`
`William G. Barber
`Texas Bar No. 01713050
`Pro Hac Vice Application Forthcoming
`David E. Armendariz
`Texas Bar No. 24082636
`Pro Hac Vice Application Forthcoming
`PIRKEY BARBER PLLC
`1801 E. 6th Street, Suite 300
`Austin, TX 78702
`(512) 322-5200
`(512) 322-5201 (fax)
`bbarber@pirkeybarber.com
`darmendariz@pirkeybarber.com
`Counsel for Plaintiffs Sam & Ash, LLP
`and Samuel Mirejovsky
`
`DATED: November 14, 2024
`
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`

`

`JS 44 (Rev. 10/20)
`
`Case 2:24-cv-02125 Document 1-1 Filed 11/14/24 Page 1 of 2
`CIVIL COVER SHEET
`The 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 as
`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
`purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
`I. (a) PLAINTIFFS
`DEFENDANTS
`
`Sam & Ash, LLP and Samuel Mirejovsky
`
`The Sam Bernstein Law Firm, PLLC.
`
`(b) County of Residence of First Listed Plaintiff
`Clark County, Nevada
`(EXCEPT IN U.S. PLAINTIFF CASES)
`
`(c) Attorneys (Firm Name, Address, and Telephone Number)
`Zumpano Patricios Popok & Helsten, 1210 S. Valley View
`Blvd., Suite 215 Las Vegas, NV 89102; 702-583-3326
`and
`II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
`
`Oakland County, Michiga
`County of Residence of First Listed Defendant
`(IN U.S. PLAINTIFF CASES ONLY)
`IN LAND CONDEMNATION CASES, USE THE LOCATION OF
`THE TRACT OF LAND INVOLVED.
`
`NOTE:
`
`Attorneys (If Known)
`
`1 U.S. Government
`Plaintiff
`
`✖
`
`3 Federal Question
`(U.S. Government Not a Party)
`
`Citizen of This State
`
`✖
`
`DEF
`1
`
`Incorporated or Principal Place
`of Business In This State
`
`DEF
`4
`
`✖
`
`4
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
`and One Box for Defendant)
`(For Diversity Cases Only)
`PTF
`PTF
`1
`
`2 U.S. Government
`Defendant
`
`4 Diversity
`(Indicate Citizenship of Parties in Item III)
`
`Citizen of Another State
`
`IV. NATURE OF SUIT (Place an “X” in One Box Only)
`CONTRACT
`TORTS
`
`110 Insurance
`120 Marine
`130 Miller Act
`140 Negotiable Instrument
`150 Recovery of Overpayment
`& Enforcement of Judgment
`151 Medicare Act
`152 Recovery of Defaulted
`Student Loans
`(Excludes Veterans)
`153 Recovery of Overpayment
`of Veteran’s Benefits
`160 Stockholders’ Suits
`190 Other Contract
`195 Contract Product Liability
`196 Franchise
`
`REAL PROPERTY
`210 Land Condemnation
`220 Foreclosure
`230 Rent Lease & Ejectment
`240 Torts to Land
`245 Tort Product Liability
`290 All Other Real Property
`
`PERSONAL INJURY
`310 Airplane
`315 Airplane Product
`Liability
`320 Assault, Libel &
`Slander
`330 Federal Employers’
`Liability
`340 Marine
`345 Marine Product
`Liability
`350 Motor Vehicle
`355 Motor Vehicle
`Product Liability
`360 Other Personal
`Injury
`362 Personal Injury -
`Medical Malpractice
`CIVIL RIGHTS
`440 Other Civil Rights
`441 Voting
`442 Employment
`443 Housing/
`Accommodations
`445 Amer. w/Disabilities -
`Employment
`446 Amer. w/Disabilities -
`Other
`448 Education
`
`PERSONAL INJURY
`365 Personal Injury -
`Product Liability
`367 Health Care/
`Pharmaceutical
`Personal Injury
`Product Liability
`368 Asbestos Personal
`Injury Product
`Liability
`PERSONAL PROPERTY
`370 Other Fraud
`371 Truth in Lending
`380 Other Personal
`Property Damage
`385 Property Damage
`Product Liability
`
`PRISONER PETITIONS
`Habeas Corpus:
`463 Alien Detainee
`510 Motions to Vacate
`Sentence
`530 General
`535 Death Penalty
`Other:
`540 Mandamus & Other
`550 Civil Rights
`555 Prison Condition
`560 Civil Detainee -
`Conditions of
`Confinement
`
`Citizen or Subject of a
`Foreign Country
`
`FORFEITURE/PENALTY
`
`625 Drug Related Seizure
`of Property 21 USC 881
`690 Other
`
`LABOR
`710 Fair Labor Standards
`Act
`720 Labor/Management
`Relations
`740 Railway Labor Act
`751 Family and Medical
`Leave Act
`790 Other Labor Litigation
`791 Employee Retirement
`Income Security Act
`
`IMMIGRATION
`462 Naturalization Application
`465 Other Immigration
`Actions
`
`2
`
`3
`
`✖
`
`2
`
`Incorporated and Principal Place
`of Business In Another State
`
`3
`
`Foreign Nation
`
`5
`
`6
`
`✖
`
`5
`
`6
`
`Click here for: Nature of Suit Code Descriptions.
`BANKRUPTCY
`OTHER STATUTES
`
`422 Appeal 28 USC 158
`423 Withdrawal
`28 USC 157
`
`PROPERTY RIGHTS
`820 Copyrights
`830 Patent
`835 Patent - Abbreviated
`New Drug Application
`840 Trademark
`880 Defend Trade Secrets
`Act of 2016
`
`✖
`
`SOCIAL SECURITY
`861 HIA (1395ff)
`862 Black Lung (923)
`863 DIWC/DIWW (405(g))
`864 SSID Title XVI
`865 RSI (405(g))
`
`FEDERAL TAX SUITS
`870 Taxes (U.S. Plaintiff
`or Defendant)
`871 IRS—Third Party
`26 USC 7609
`
`375 False Claims Act
`376 Qui Tam (31 USC
`3729(a))
`400 State Reapportionment
`410 Antitrust
`430 Banks and Banking
`450 Commerce
`460 Deportation
`470 Racketeer Influenced and
`Corrupt Organizations
`480 Consumer Credit
`(15 USC 1681 or 1692)
`485 Telephone Consumer
`Protection Act
`490 Cable/Sat TV
`850 Securities/Commodities/
`Exchange
`890 Other Statutory Actions
`891 Agricultural Acts
`893 Environmental Matters
`895 Freedom of Information
`Act
`896 Arbitration
`899 Administrative Procedure
`Act/Review or Appeal of
`Agency Decision
`950 Constitutionality of
`State Statutes
`
`V. ORIGIN (Place an “X” in One Box Only)
`2 Removed from
`1 Original
`Proceeding
`State Court
`
`✖
`
`3 Remanded from
`Appellate Court
`
`4 Reinstated or
`Reopened
`
`5 Transferred from
`Another District
`(specify)
`
`6 Multidistrict
`Litigation -
`Transfer
`
`8 Multidistrict
`Litigation -
`Direct File
`
`VI. CAUSE OF ACTION
`
`Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
`Lanham Act, 15 U.S.C. § 1051 et seq.; 28 U.S.C. §§ 2201 & 2202
`
`Brief description of cause:
`This action seeks a declaratory judgment of non-infringement of trademarks under the Lanham Act, 15 U.S.C. § 1051 et seq.
`
`VII. REQUESTED IN
`COMPLAINT:
`
`VIII. RELATED CASE(S)
` IF ANY
`
`DATE
`
`11/14/2024
`
`FOR OFFICE USE ONLY
`
`CHECK IF THIS IS A CLASS ACTION
`UNDER RULE 23, F.R.Cv.P.
`
`DEMAND $
`
`CHECK YES only if demanded in complaint:
`
`JURY DEMAND:
`
`Yes
`
`No
`
`(See instructions):
`
`JUDGE
`
`DOCKET NUMBER
`
`SIGNATURE OF ATTORNEY OF RECORD
`
`/s/ Amanda J. Brookhyser
`
`RECEIPT #
`
`AMOUNT
`
`APPLYING IFP
`
`JUDGE
`
`MAG. JUDGE
`
`

`

`JS 44 Reverse (Rev. 10/20)
`
`Case 2:24-cv-02125 Document 1-1 Filed 11/14/24 Page 2 of 2
`
`INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
`
`Authority For Civil Cover Sheet
`
`The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
`required by 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 the use of 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 civil complaint filed. The attorney filing a case should complete the form as follows:
`
`I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
`only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then
`the official, giving 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 at the
`time of 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
`condemnation cases, the 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, noting
`in this section "(see attachment)".
`
`II.
`
`Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
`in one 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.
`Federal 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 the Constitution, 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, and box 1 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
`citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
`cases.)
`
`III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
`section for each principal party.
`
`IV.
`
`V.
`
`Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
`that is most applicable. Click here for: Nature of Suit Code Descriptions.
`
`Origin. Place an "X" in one of the seven boxes.
`Original Proceedings. (1) Cases which originate in the United States district courts.
`Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
`Remanded 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.
`Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
`Transferred 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
`multidistrict litigation transfers.
`Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
`Section 1407.
`Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
`PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
`changes in statue.
`
`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 jurisdictional
`statutes 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, F.R.Cv.P.
`Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
`Jury 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 related pending cases, if any. If there are related pending cases, insert the docket
`numbers and the corresponding judge names for such cases.
`
`Date and Attorney Signature. Date and sign the civil cover sheet.
`
`

`

`Case 2:24-cv-02125 Document 1-2 Filed 11/14/24 Page 1 of 2
`
`AO 440 (Rev. 06/12) Summons in a Civil Action
`
`UNITED STATES DISTRICT COURT
`
`for the
`
` District of Nevada
`__________ District of __________
`
`Civil Action No.
`
`2:24-CV-2125
`
`) ) ) ) ) ) ) ) ) ) ) )
`
`SAM & ASH, LLP and SAM MIREJOVSKY
`
`Plaintiff(s)
`
`v.
`
`THE SAM BERNSTEIN LAW FIRM , PLLC
`
`Defendant(s)
`
`To: (Defendant’s name and address)
`
`THE SAM BERNSTEIN LAW FIRM, PLLC
`
`SUMMONS IN A CIVIL ACTION
`
`A lawsuit has been filed against you.
`
`Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
`are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
`P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
`the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
`whose name and address are:
`
`Amanda J. Brookhyser, Esq.
`Danielle R. Jimenez, Esq.
`ZUMPANO PATRICIOS POPOK & HELSTEN, PLLC
`1210 S. Valley View Blvd., Ste. 215
`Las Vegas, NV 89201
`
`If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
`You also must file your answer or motion with the court.
`
`Date:
`
`CLERK OF COURT
`
`Signature of Clerk or Deputy Clerk
`
`

`

`Case 2:24-cv-02125 Document 1-2 Filed 11/14/24 Page 2 of 2
`
`AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
`
`Civil Action No.
`
`2:24-CV-2125
`
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
`
`PROOF OF SERVICE
`
`This summons for (name of individual and title, if any)
`
`was received by me on (date)
`
`.
`
`(cid:117) I personally served the summons on the individual at (place)
`
`(cid:117) I left the summons at the individual’s residence or usual place of abode with (name)
`
`on (date)
`
`, and mailed a copy to the individual’s last known address; or
`
`, a person of suitable age and discretion who resides there,
`
`on (date)
`
`; or
`
`(cid:117) I served the summons on (name of individual)
`
` designated by law to accept service of process on behalf of (name of organization)
`
`on (date)
`
`; or
`
`(cid:117) I returned the summons unexecuted because
`
`(cid:117) Other (specify):
`
`, who is
`
`; or
`
`My fees are $
`
`for travel and $
`
`for services, for a total of $
`
`0.00
`
`I declare under penalty of perjury that this information is true.
`
`.
`
`.
`
`Date:
`
`Server’s signature
`
`Printed name and title
`
`Server’s address
`
`Additional information regarding attempted service, etc:
`
`

`

`EXHIBIT 2
`EXHIBIT 2
`
`

`

`Case 2:24-cv-10246 Document 1 Filed 11/26/24 Page 1 of 26 Page ID #:1
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`1
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`
`
`
`DAVID H. BERNSTEIN (CA Bar No. 336551)
`Email: dhbernstein@debevoise.com
`DEBEVOISE & PLIMPTON LLP
`650 California Street
`San Francisco, CA 94108
`Telephone: (212) 909-6696
`Facsimile:
`(212) 521-7696
`
`
`Attorneys for Plaintiff
`The Sam Bernstein Law Firm, PLLC
`
`
`
`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
`THE SAM BERNSTEIN LAW FIRM