FIRST AMENDED COMPLAINT

Plaintiff, Condominium Association of Parker Plaza Estates, Inc. ("Parker Plaza" or 

"Association"), by and through undersigned counsel, submits its First Amended Complaint against 

Defendants, Pavel Moreff ("Moreff") and Simon Sherman ("Sherman"), (together "Defendants"), 

as follows:

PARTIES, JURISDICTION, AND VENUE

1. This action asserts claims arising under the Lanham Act, 15 U.S.C. § 1051 et seq.

Therefore, this Court has original jurisdiction over the subject matter of this action pursuant to 15 

U.S.C. § 1121(a) and 28 U.S.C. §§ 1331 and 1338(a) and (b). This Court also has subject matter 

jurisdiction under 28 U.S.C. §§ 2201. This Court has supplemental jurisdiction over the state-law 

claims pursuant to 28 U.S.C. §§ 1338(b) and 1367(a).

2. Parker Plaza is a Florida non-profit corporation with its primary place of business

at 2030 South Ocean Drive, Hallandale, Florida 33009 in Broward County and is otherwise sui

juris.

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Fort Lauderdale Division

Case No. 0:22-cv-61638-WPD 

CONDOMINIUM ASSOCIATION OF 

PARKER PLAZA ESTATES, INC.,

Plaintiff,

v.

PAVEL MOREFF and SIMON 

SHERMAN,

Defendants.

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FOWLER WHITE BURNETT P.A.• BRICKELL ARCH, 1395BRICKELLAVENUE, 14TH FLOOR,MIAMI,FLORIDA 33131 • (305) 789-9200

3. Moreff is an individual over 18 years of age, who resides at 2030 South Ocean 

Drive, Hallandale, Florida 33009 in Broward County, and is otherwise sui juris.

4. Sherman is an individual over 18 years of age, who resides at 2030 South Ocean 

Drive, Hallandale, Florida 33009 in Broward County, and is otherwise sui juris.

5. Venue in this District is proper pursuant to 28 U.S.C. § 1391(b) because both the 

Association and Defendants reside in this District.

GENERAL ALLEGATIONS

6. Since January 2020, Sherman and Moreff, under the guise of made-up groups 

named "Initiative Group of Owners and Residents" ("IGOR") and "Freedom for Parker Plaza 

Association" ("FREEDOM4PPA"), have led an ongoing deliberate smear and harassment 

campaign against Parker Plaza, its current Board of Directors ("BOD"), and other members of the 

Association, in a willful attempt to illegally steal control of the Association and to prevent or delay 

necessary maintenance and repairs of the building by subterfuge, resulting in a continued and 

substantial disturbance of the use and quiet enjoyment of the condominium members' property.

7. Defendants have repeatedly failed to obtain legitimate support from the 

Association's membership. Sherman was voted out as a board member in January 2020. Moreff, 

more recently in February 2022, lost an election bid to become board member. These losses 

apparently fueled the Defendants' unscrupulous and defamatory smear campaign against the 

Association and the BOD. 

8. In fact, Defendants' continuous unfounded disparagement against the Association 

and its BOD are directly motivated by Defendants' intent to seize control improperly of the 

Association.

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FOWLER WHITE BURNETT P.A.• BRICKELL ARCH, 1395BRICKELLAVENUE, 14TH FLOOR,MIAMI,FLORIDA 33131 • (305) 789-9200

9. Defendants seek to seize the BOD's authority through harassment tactics which 

purposefully sabotage the BOD's ability to perform its duties which include performing the 

necessary maintenance and improvements required to maintain the Parker Plaza Condominium as 

safe and habitable. 

10. Defendants' most recent attempt to gain control of the Association unlawfully has 

been an attempt to recall the BOD by trickery, falsehoods, harassment, and coercion of the other 

members of the Association. In fact, not only are Defendants improperly soliciting members at 

their home thresholds in direct violation of the Association's governance documents, but 

Defendants are coercing members into signing the recall petition either by flat-out lying to the 

members about the BOD or engaging in threatening and stalking conduct resulting in imposing 

intimidation and fear on the members. Through this coercion, Defendants are preventing the 

members' use and enjoyment of the common elements of the building to which they are entitled. 

At the same time, Defendants maintained their attempted recall secret by surreptitiously failing to 

send the recall petition to anyone they felt may vote against it, in an effort to have the recall 

approved before the BOD becomes the wiser.

11. Defendants have further abused the rights of elder members of the condominium 

by slipping recall petitions which Defendants had already filled-out in favor of the recall and 

demanding that elder members sign the petition without reviewing the already filled-out petition. 

12. To gain control of the condominium, Defendants have disseminated continuous and 

intentional false information and lies about Parker Plaza and its BOD to Parker Plaza's members

in pamphlets, emails, social media posts, and letters, as well as orally, including by confrontation 

and harassment. In fact, Defendants have disseminated numerous disparaging emails about the 

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FOWLER WHITE BURNETT P.A.• BRICKELL ARCH, 1395BRICKELLAVENUE, 14TH FLOOR,MIAMI,FLORIDA 33131 • (305) 789-9200

Association, its BOD, and several other resident owners making lurid untrue accusations of theft, 

criminal mismanagement and corruption. 

13. More recently, in support of their attempt to replace the BOD with their cronies, in 

addition to further regurgitation of the false accusations of theft, mismanagement, and corruption 

against the BOD and other members of the Association, which they know to be untrue, Defendants 

disseminated false information about the contractors that the BOD is considering to hire for the 

necessary renovations and maintenance to the building by accusing the contractors of being 

inexperienced and incapable of doing the required work. Likewise, Defendants, in yet another 

attempt to incite fear, distrust and anguish in the Association's members, have falsely claimed that 

due to the repairs to the pool deck the residents will be unable to use the pool for 2.5 years or more, 

when there is no such plan. (See, e.g., Facebook Post from FREEDOM4PPA dated November 7, 

2022, and Facebook Posts from Sherman dated January 14, 2022 (reposted recently) and October 

31, 2022 attached hereto as Composite Exhibit "A"). 

14. Defendants' written and oral statements are not opinions protected under free 

speech as said statements are based on patently false or inaccurate facts.

15. Sherman has disseminated false information about Parker Plaza and its BOD, in 

part through IGOR, by using the email address pploudspeaker@gmail.com with a display name 

identifier as PARKER PLAZA in a willful attempt to mislead and confuse Parker Plaza's members 

and non-members to indicate falsely that the information originates from Parker Plaza 

management. Sherman further disseminated this false information to interfere with Parker Plaza's 

services in commerce with its members, as the emails from IGOR appear to be sent by and received 

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FOWLER WHITE BURNETT P.A.• BRICKELL ARCH, 1395BRICKELLAVENUE, 14TH FLOOR,MIAMI,FLORIDA 33131 • (305) 789-9200

from Parker Plaza management and its BOD. (See, e.g., email from <Parker Plaza> 

pploudspeaker@gmail.com dated November 30, 2020 attached hereto as Exhibit "B").

16. The use of the display name identifier of PARKER PLAZA is a clear disregard to 

the Association's and its legitimate BOD's authority. Since being voted off of the BOD, Sherman 

has never been authorized by the BOD to send any communications to the members or nonmembers on behalf of the Association or its BOD. Sherman's continued use of PARKER PLAZA 

as an identifier is an egregious infringement of the trademark rights of the BOD.

17. In fact, Parker Plaza and its BOD have exclusively identified its business and 

services to the members with PARKER PLAZA for all condominium business matters, including 

in all official communications and its website, since at least its incorporation in 1970.

18. Defendants, as members of Parker Plaza, and certainly Sherman as a former 

member of the BOD, are aware of the long-used name of PARKER PLAZA for official emails 

from Parker Plaza and its BOD. 

19. Sherman's willful trademark infringement and false designation of origin prove his

efforts to mislead and confuse Parker Plaza's members and non-members by using the display 

name PARKER PLAZA to make it appear as if the communications were coming from the BOD

or the Association.

20. This improper use of the PARKER PLAZA display name damages the hard-earned 

goodwill of the Association and the BOD and interferes with the Association's ability to provide 

services in commerce to its members. 

21. To further create the illusion of the Association's malfeasance and to gain control 

of the Association, Defendants raised funds from members through a "GoFundMe" account to hire 

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FOWLER WHITE BURNETT P.A.• BRICKELL ARCH, 1395BRICKELLAVENUE, 14TH FLOOR,MIAMI,FLORIDA 33131 • (305) 789-9200

forensic detectives and accountants, South Florida Property Owners Consulting, LLC ("SFPOC") 

and C & G Financial Group ("C&G"), to perform a forensic investigation of the Association 

management specifically to find criminal misconduct and theft by the BOD. (See email from 

<Parker Plaza> pploudspeaker@gmail.com dated July 18, 2020 attached hereto as Exhibit "C"). 

22. In furtherance of Defendants' slanderous campaign, the "GoFundMe" page, which 

is still active today, continues to refer to the Association and its BOD as "evil." (See "GoFundMe" 

page attached hereto as Exhibit "D"). 

23. While SFPOC and C&G were still investigating the Association and its BOD, prior 

to the issuance of a final report of their findings and conclusions, Defendants continued 

disseminating blatantly false information about the Association and its BOD as if SFPOC had 

already made findings of malfeasance, which it had not, and never did. (See, e.g., emails from 

<Parker Plaza> pploudspeaker@gmail.com dated November 30, 2020, December 8, 2020, 

February 2, 2021, and March 23, 2021 attached hereto as Composite Exhibit "E").

24. In fact, in an email dated November 30, 2020, before the report by SFPOC and 

C&G issued, Defendants falsely claimed that: "IGOR has strong evidence that many hundred 

thousand dollars were already mismanaged in 2019-2020 FY on poorly controlled repairing of 

many apartments, including repairing and remodeling of several apartments of members of the 

Board and their friends on [sic] the cost of our Association." (See Composite Exhibit "E," email 

dated November 30, 2020) (emphasis added).

25. Likewise, in a separate defamatory email dated March 23, 2021 to the condo 

members, Defendants fraudulently claimed that their consulting and accounting companies had 

already found multiple irregularities in the management of funds, including regulatory violations,

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FOWLER WHITE BURNETT P.A.• BRICKELL ARCH, 1395BRICKELLAVENUE, 14TH FLOOR,MIAMI,FLORIDA 33131 • (305) 789-9200

by the Association and its BOD. All of these statements were deliberate, egregious untruths, and 

intentional fabrications, which they knew to be false, since in December, 2020 the Defendants 

had already received a presentation from the auditors that the Association had done nothing 

improper. (See Composite Exhibit "E," email dated March 23, 2021). 

26. Contrary to Defendants' accusations, in July 2021, SFPOC provided its final report 

("Final Report") which concluded that there was no criminal activity and no regulatory violations 

by the Association or its BOD, whatsoever. (See Final Report by South Florida Property Owners 

Consulting, LLC dated July 2, 2021 attached hereto as Exhibit "F"). Indeed, the auditors found 

none of the hysterical misconduct Defendants claimed.

27. The Final Report stated in part:

The Zoom participants were also advised that C&G Financial 

Group, basing their analysis on the documents provided for the 

Association’s finances, and no indication was evident of a crime or 

regulatory violation having occurred to this point.

...

SFPOC’s investigation revealed no indication of criminal activity, 

which could be brought to law enforcement for criminal 

prosecution. No suggestion of Association BOD members 

regulatory violations was noted, which could be presented to the 

DBPR. SFPOC conducted a thorough review of all documents 

provided and followed all investigative leads available in the matter.

See Exhibit "F," page 3, 6.

28. In fact, as evidence of Defendants' intentional, wrongful misconduct, the Final 

Report states that in December 2020, in a Zoom call in which Defendants were present, Defendants 

were specifically informed that C&G had found no indication of a crime or regulatory violation 

having occurred to this point. (See Exhibit "F", page 3). Regardless, Defendants continued 

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FOWLER WHITE BURNETT P.A.• BRICKELL ARCH, 1395BRICKELLAVENUE, 14TH FLOOR,MIAMI,FLORIDA 33131 • (305) 789-9200

disseminating their defamatory emails to the members and non-members about the Association 

and its BOD, claiming the auditors had found wrongful conduct, when they had not. (See

Composite Exhibit "E").

29. As evidence of actual malice and more egregious conduct, once the Final Report of 

Defendants' auditors failed to find any mismanagement or regulatory violations, whatsoever, 

Defendants buried the Final Report from the other Association's members. Even more egregiously, 

Defendants further hid the Final Report exonerating the Association and its BOD from the other 

members of the Association who had innocently donated money through the "GoFundMe" page. 

So the funders of the audit where themselves defrauded by Defendants.

30. Even after the Final Report concluding that the Association and its BOD had not 

engaged in any criminal activity or regulatory violation, Defendants continued, and still continue, 

to disparage the Association and its BOD by emails and letters and oral statements. (See, e.g.,

emails from <Parker Plaza> pploudspeaker@gmail.com dated August 13, 23, and 30, 2021, and 

November 14, 2021, and emails from <Freedom PPA> freedom4ppa@gmail.com dated August 

19 and 29, 2022 attached hereto as Composite Exhibit "G", and Composite Exhibit "A"). 

Defendants continue to make false accusations in furtherance of their attempts to usurp the BOD's 

authority, including sabotaging necessary maintenance and repairs to the building. 

31. Defendants continued and incessant disparagement even after the Final Report was 

issued, and Defendants could no longer reasonably argue that it was merely their opinion or that 

they did not know better, further demonstrates Defendants' continuous malicious and intentional 

misconduct aimed purposefully at undermining the Association and the BOD's ability to perform 

its duties. (See Composite Exhibit "G").

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FOWLER WHITE BURNETT P.A.• BRICKELL ARCH, 1395BRICKELLAVENUE, 14TH FLOOR,MIAMI,FLORIDA 33131 • (305) 789-9200

32. In pursuit of its fiduciary duties, and in spite of Defendants' wrongful interference, 

the BOD finally obtained a loan to address the dire needs of renovation and maintenance to the 

building as recommended by professional engineers and contractors hired by Parker Plaza needed 

to correct the neglect by previous boards which included Sherman. 

33. To thwart the BOD's ability to obtain the much-needed loan, Defendants 

circumvented the BOD and contacted banks directly, by emails and orally, disparaged the 

Association and its BOD, provided the banks false and misleading information regarding the 

condition of the building, in a deliberate attempt to have the banks reject the Association's loan 

applications. (See, e.g., email from <Freedom PPA> freedom4ppa@gmail.com dated July 10, 

2022 attached hereto as Exhibit "H").

34. Defendants' actions delayed the BOD in obtaining the loan, and caused an increase 

in the costs of financing.

35. Defendants' actions to discredit and defame the BOD have interfered, and will 

continue to interfere, unless Defendants are stopped from disrupting the legitimate business 

decisions; posing a clear and present danger to the Association and its residents. 

36. To date, Defendants' intimidation tactics, fabrications and lies about 

mismanagement and corruption have delayed the BOD from taking the proper and much required 

actions, including but not limited to, maintenance and repairs to the building's structural integrity.

37. As Defendants are well aware, it is of utmost importance to properly maintain a 

condominium building to prevent a future incident as what occurred at Champlain Towers South 

in Surfside, Florida, but Defendants continue with their disruptive conduct with complete disregard 

for the Association members' and non-members' safety and financial abilities. 

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FOWLER WHITE BURNETT P.A.• BRICKELL ARCH, 1395BRICKELLAVENUE, 14TH FLOOR,MIAMI,FLORIDA 33131 • (305) 789-9200

38. Defendants have also specifically falsely accused BOD member, Michael Fagan, 

of wrongdoing including false accusations of criminal mismanagement and corruption. (See, e.g., 

emails from <Parker Plaza> parkerplazacomplaints@gmail.com dated December 7, 2020, 

February 10, 2021, and January 12, 2022 attached hereto as Composite Exhibit "I"). 

39. In addition, even though the Association has a strict "no solicitation" policy (See

Article XIV, Section C.5 of the Declaration of Condominium attached as Exhibit "J"), Defendants 

have ignored the policy and continue to ignore it with their disruptive, unwarranted behavior 

towards the BOD and other members of the Association that refuse to be part of Defendants' group.

40. In violation of the Association's governing documents, Defendants continue to

solicit and harass the Association's membership, city officials, and non-members such as tenants, 

realtors, employees and other professionals with in-person harassment, solicitation, threats of 

violence, and by stuffing their email inboxes with emails from <Parker Plaza> 

pploudspeaker@gmail.com and FREEDOM4PPA@gmail.com. Defendants continue to spread 

lies, confusion, misinformation, and fear within the Association community and elsewhere, 

including during board election period. (See, e.g., email from ssherm@unmc.edu dated May 18, 

2020 attached hereto as Exhibit "K" and Pictures of Sherman's repeated solicitations attached 

hereto as Composite Exhibit "L").

41. Most recently, Defendants have attempted to recall the BOD by means of 

falsehoods and harassment of the members of the Association. 

42. Defendants have further solicited other members to engage in the same malicious

and disruptive conduct. For example, Defendants requested Association member Anna Incledon, 

by email, to publish a post under the auspices of IGOR against the Association and its BOD replete 

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FOWLER WHITE BURNETT P.A.• BRICKELL ARCH, 1395BRICKELLAVENUE, 14TH FLOOR,MIAMI,FLORIDA 33131 • (305) 789-9200

with falsehoods and misrepresentations, including the false claims that the BOD members misused 

the Association's funds to benefit themselves, knowing these statements to be untrue. (See email 

from anna@inkyenterprises.com dated January 8, 2022 attached hereto as Exhibit "M").

43. In fact, even though disproved by their own auditor, in the email from IGOR to Ms. 

Incledon, Defendants explicitly continue to claim the truth of lies already uncovered and 

discredited:

For instance, nearly $1,000,000 from that Assessment were spend 

on repairing of individual apartments without approval of the Board. 

Particularly striking is the fact that the Secretary of the Board, Mr. 

Fagan, has used more than $30,000 from the Assessment budget on 

repairing his apartments. Analogously, Mr. Leibovich [Jeff 

Leibowitz] (Director of the Board), who one year ago purchased 

additional apartment “as is,” used more than $29,000 from our 

Assessment budget on repairing that apartment, as well. Mr. Landau 

(the Vice President of the Board) used $12,000 for repairing his 

apartment from the Assessment budget.

See Exhibit "M".

44. Not only do these communications disparage the Association and its BOD, and 

cause confusion, angst, and anger among the Association's members and non-members, but the 

emails have been so abusive that some Association's members have stopped reading all emails 

related to Parker Plaza altogether, including legitimate emails from the Association and its BOD 

pertaining to important condominium services.

45. Defendants' disruptive conduct has thus impeded and continues to impede the 

Association's membership and residents from receiving relevant and important information being 

provided by the legitimate and duly elected BOD of Parker Plaza. 

46. Even more appalling, the BOD and the Association's management agents, as well 

as the members of the Association who refuse to join in the Defendants' malfeasance, are being 

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FOWLER WHITE BURNETT P.A.• BRICKELL ARCH, 1395BRICKELLAVENUE, 14TH FLOOR,MIAMI,FLORIDA 33131 • (305) 789-9200

subjected to continuous harassment and threatened with violence by Defendants and their agents 

who form part of IGOR and Freedom4PPA. 

47. Recently, a member of Defendant IGOR's and Freedom4PPA's groups posted in a 

Facebook page created by Sherman that the BOD be lynched.

48. Ian Les Senzon posted on Defendants' unauthorized "Parker Plaza Owners" 

FaceBook page: "Let's find these people from yesteryear and hang them from our balconies. And 

thank goodness we have enough balconies to hang the Infidel's (sic) from." (See Post by Ian Les 

Senzon on Facebook page "Parker Plaza Owners" attached hereto as Exhibit "N") (emphasis 

added). Thus, Defendants have successfully incited violence against the BOD through their 

wrongful conduct and rhetoric. 

49. As a result of Defendants' actions including violent behavior and threats, the 

members of the Association are in fear for their personal safety and are prevented from the use and 

quiet enjoyment of their property as they fear using the common elements of the building.

50. Defendants' malicious and disruptive acts further include inundating the 

Association and its management agents with frivolous requests for information in the last two 

years. 

51. These frivolous requests are cumbersome and a nuisance to the Association and its 

BOD, forcing the BOD to exert valuable resources including, but not limited to, extended time by 

the Association's staff, its BOD, and in some cases its attorneys, and incurring expenses to cover 

the costs of fulfilling these frivolous requests. 

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FOWLER WHITE BURNETT P.A.• BRICKELL ARCH, 1395BRICKELLAVENUE, 14TH FLOOR,MIAMI,FLORIDA 33131 • (305) 789-9200

52. All in all, in what seems to be a coordinated attack on multiple fronts, Defendants' 

intentional and malicious conduct has interfered with the Association's and BOD's relationship and 

business with the Association's members and non-members, such as banks and contractors. 

53. In fact, Defendants' behavior has purposefully prevented the Association and its 

BOD from performing its duties and services and, in fact, delayed the approval of loans required 

to perform the necessary maintenance and repairs to the building. 

54. Likewise, Defendants' conduct has prevented the Association and its BOD from 

performing its duties as Defendants' emails and lies about the Association and the BOD require 

the Association and the BOD to invest significant time addressing the members and non-members 

to expend resources to clarify facts and reveal Defendants' falsehoods.

55. In addition, Defendants' conduct has effectively disparaged and defamed the 

Association and its BOD by causing distrust, concern, and wariness in the Parker Plaza community 

as well as substantial emotional distress to the Association and its BOD.

56. All conditions precedent to the filing of this action have been satisfied, waived, 

excused, or performance would be futile.

COUNT I: 

FALSE DESIGNATION OF ORIGIN

(LANHAM ACT, 15 U.S.C. § 1125(a))

(Against Sherman)

57. The Association realleges paragraphs one (1) through fifty-six (56), as if fully set 

forth herein.

58. The unregistered trademark PARKER PLAZA is protected as a common law 

trademark by virtue of the Association's longtime use of the mark to identify itself in the 

marketplace. 

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FOWLER WHITE BURNETT P.A.• BRICKELL ARCH, 1395BRICKELLAVENUE, 14TH FLOOR,MIAMI,FLORIDA 33131 • (305) 789-9200

59. As noted above, the display name PARKER PLAZA used by Defendant Sherman 

is identical to and confusingly similar to the PARKER PLAZA trademark.

60. Sherman's use of the PARKER PLAZA display name falsely indicates to 

consumers and members that Sherman's communications come from the same source as the 

Association's services and communications. Such implications are false, confusing to consumers

and members, and material to consumers and members' decisions. 

61. Sherman's unauthorized use of the PARKER PLAZA display name, in connection 

with, and to interfere with, the Association's services in commerce to and with its members, falsely 

suggests that these services, or interference thereof, are provided by connected with, sponsored by, 

affiliated with, or related to, the Association.

62. Sherman's unauthorized use of the PARKER PLAZA display name constitutes a 

false designation of origin in violation of 15 U.S.C. § 1125(a).

63. As a direct and proximate result of Sherman's wrongful conduct, the Association

has been, is now, and will be irreparably injured and damaged by Sherman aforementioned acts, 

and unless Sherman is enjoined by the Court, the Association will suffer further harm to its name, 

reputation, and goodwill. This harm constitutes an injury for which the Association has no 

adequate remedy at law.

64. By reason of the foregoing, the Association is entitled to permanent injunctive relief 

against Sherman, restraining him and all those in active concert and participation with Sherman

from any further acts of false designation of origin, and for all remedies available to it under 15 

U.S.C. § 1117, including recovery of any damages (to the extent calculable) proven to have been 

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FOWLER WHITE BURNETT P.A.• BRICKELL ARCH, 1395BRICKELLAVENUE, 14TH FLOOR,MIAMI,FLORIDA 33131 • (305) 789-9200

caused by reason of Sherman's aforesaid acts, recovery of attorney's fees and costs, among other 

remedies as outlined below.

WHEREFORE, the Association respectfully requests that this Court enter a judgment 

against Sherman for False Designation Of Origin under the Lanham Act, 15 U.S.C. § 1125(a), 

enter a permanent injunctive relief against Sherman, restraining him and all those in active concert 

and participation with Sherman from any further acts of false designation of origin, and for all 

remedies available to it under 15 U.S.C. § 1117, including recovery of any damages (to the extent 

calculable) proven to have been caused by reason of the Sherman's aforesaid acts, attorneys' fees 

and costs pursuant to 15 U.S.C. § 1117(a), and all other relief deemed just and proper. 

COUNT II:

INFRINGEMENT OF UNREGISTERED TRADEMARKS

(LANHAM ACT, 15 U.S.C. § 1125(a)) 

(Against Sherman)

65. The Association repeats and incorporates herein by reference each and every one 

of the allegations contained in paragraphs one (1) through sixty four (64) of this Complaint with 

the same force and effect as if herein again set forth in full.

66. The Association has prior trademark rights over the PARKER PLAZA Mark by 

virtue of its public use of the Mark in interstate commerce directed to potential members and

through its services to the members, including services through its website.

67. The PARKER PLAZA Mark is valid, subsisting, used in commerce and inherently 

distinctive. It has also acquired secondary meaning in the marketplace.

68. Sherman's use of the display name PARKER PLAZA in the emails from IGOR is

identical to and confusingly similar to the Mark.

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FOWLER WHITE BURNETT P.A.• BRICKELL ARCH, 1395BRICKELLAVENUE, 14TH FLOOR,MIAMI,FLORIDA 33131 • (305) 789-9200

69. Sherman's use of the display name PARKER PLAZA, identical to the Plaintiff's 

Mark, is likely to cause confusion or mistake with the Association's Mark. Members and potential 

members likely will believe that the Association’s goods and services are provided by, sponsored 

by, associated with, or otherwise affiliated with Sherman because of Sherman's use of the display 

name PARKER PLAZA.

70. Sherman knew that his use of the PARKER PLAZA Mark is likely to cause 

confusion or mistake as to the Association’s sponsorship of, association with, or affiliation with 

Sherman.

71. Sherman's continued use of the PARKER PLAZA display name is likely to cause 

irreparable injury to the Association's PARKER PLAZA Mark, reputation, and goodwill. The 

extent of this harm cannot be quantified, and therefore leaves the Association with no adequate 

remedy at law.

72. Sherman's use of the PARKER PLAZA display name constitutes infringement of 

the PARKER PLAZA Mark in violation of Section 32 of the Lanham Act, 15 U.S.C. § 1114.

73. By reason of the foregoing, the Association is entitled to permanent injunctive relief 

against Sherman, restraining him and all those in active concert and participation with Sherman

from any further acts of infringement, and for all remedies available to it under 15 U.S.C. § 1117, 

including recovery of any damages (to the extent calculable) proven to have been caused by reason 

of Sherman's aforesaid acts, recovery of attorney's fees and costs, among other remedies as 

outlined below.

WHEREFORE, the Association respectfully requests that this Court enter a judgment 

against Sherman for Infringement Of Unregistered Trademark under the Lanham Act, 15 U.S.C. 

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FOWLER WHITE BURNETT P.A.• BRICKELL ARCH, 1395BRICKELLAVENUE, 14TH FLOOR,MIAMI,FLORIDA 33131 • (305) 789-9200

§ 1125(a), enter a permanent injunctive relief against Sherman, restraining him and all those in 

active concert and participation with Sherman from any further acts of false designation of origin, 

and for all remedies available to it under 15 U.S.C. § 1117, including recovery of any damages (to 

the extent calculable) proven to have been caused by reason of the Defendants’ aforesaid acts, 

attorneys' fees and costs pursuant to 15 U.S.C. § 1117(a), and all other relief deemed just and 

proper. 

COUNT III:

PRIVATE NUISANCE

(Against Defendants)

74. The Association realleges paragraphs one (1) through fifty-six (56), as if fully set 

forth herein.

75. Pursuant to Florida law and the Association's Declaration of Condominium, the 

Association's members have a right to the use and quiet enjoyment of the property, and the 

Association has the duty to oversee and ensure said right.

76. Defendants have engaged, and continue to engage, in a pattern of continuous,

intentional disruptive and threatening actions against the Association, its BOD, and Association's 

members including the continuous dissemination of false information about the BOD, and the 

wrongful solicitation and harassment of members, including threats of violence to members who 

disagree with Defendants. 

77. Defendants' intentional disruptive and threatening actions against the Association, 

its BOD, and the Association's members substantially interfere with members' rights to the use and 

quiet enjoyment of the property. In fact, threatened members fear using the commons elements of 

the building due to Defendants' threatening and inciteful conduct.

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FOWLER WHITE BURNETT P.A.• BRICKELL ARCH, 1395BRICKELLAVENUE, 14TH FLOOR,MIAMI,FLORIDA 33131 • (305) 789-9200

78. Defendants' intentional disruptive and threatening actions against the Association, 

its membership, and its BOD constitute an ongoing and continuous private nuisance. 

WHEREFORE, the Association respectfully requests that this Court enter a judgment 

against Defendants for private nuisance by enjoining Defendants from engaging in their disruptive 

and threating actions against the Association and its BOD and members which substantially 

interfere with the members' right to use and quiet enjoy their property, grant damages, attorneys' 

fees and costs pursuant to Florida Statute 718.303, and all other relief deemed just and proper. 

COUNT IV: 

DEFAMATION – LIBEL

(Against Defendants)

79. The Association realleges paragraphs one (1) through fifty-six (56), as if fully set 

forth herein.

80. Defendants have published false defamatory written statements about the 

Association and its BOD to third parties by disseminating lies and false information about Parker 

Plaza and its BOD via emails, pamphlets, and letters (See Exhibits "A" through "N") including, 

but not limited to, false accusations of mismanagement of funds, corruption, and non-performance 

of duties to the detriment of residents, sending them to the Association's members as well as nonmembers such as banks, realtors, contractors, and tenants. Defendants engaged in a written smear 

and disparagement campaign against the Association and its BOD by sending numerous emails 

replete with defamatory misrepresentations to the members and non-members.

81. Defendants' false written statements about the Association have caused, and will 

continue to cause, injury to the Association and its BOD's goodwill and reputation. In fact, 

members and non-members have become unnecessarily skeptical of the Association and its BOD 

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FOWLER WHITE BURNETT P.A.• BRICKELL ARCH, 1395BRICKELLAVENUE, 14TH FLOOR,MIAMI,FLORIDA 33131 • (305) 789-9200

and its management of funds. Also, Defendants' false written statements effectively delayed the 

approval of loans required to maintain and repair Parker Plaza building and cost more 

unnecessarily.

82. The Association and its BOD are not limited public figures as there is no public 

controversy involved in this case. Regardless, Defendants have acted with actual malice as 

established above. Defendants knew the statements were false or acted with reckless disregard as 

to the falsity of the statements. Even after the forensic auditor hired by Defendants examined all 

the claims against the Association and BOD and determined there was no basis for the claims, 

Defendants buried the report and continued to make false written accusations against the 

Association and its BOD.

83. Defendants' defamatory written statements are in furtherance of improper, unlawful 

purposes such as preventing the necessary maintenance and repairs to the building and usurping 

the BOD by illegal means. 

84. Defendants' defamatory statements are not opinion protected by the right to free 

speech as these statements are based on false, inaccurate facts. 

WHEREFORE, the Association respectfully requests that this Court enter a judgment 

against Defendants for defamation - libel, enjoined Defendants from publishing written false 

statements about the Association and its BOD to third parties in furtherance of improper and 

unlawful purposes, attorneys' fees and costs pursuant to Florida Statute 718.303, and all other relief 

deemed just and proper

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FOWLER WHITE BURNETT P.A.• BRICKELL ARCH, 1395BRICKELLAVENUE, 14TH FLOOR,MIAMI,FLORIDA 33131 • (305) 789-9200

COUNT V: 

DEFAMATION – SLANDER

(Against Defendants)

85. The Association realleges paragraphs one (1) through fifty-six (56), as if fully set 

forth herein.

86. Defendants published false defamatory oral statements about the Association and 

its BOD to third parties by orally disseminating lies and false information about Parker Plaza and 

its BOD including, but not limited to, oral accusations of mismanagement of funds, corruption, 

and non-performance of duties to the detriment of residents, to the Association's members as well 

as non-members such as banks, realtors, contractors, and tenants. Defendants engaged in an oral 

smear and disparage campaign against the Association and its BOD by stating defamatory 

misrepresentations to the members and non-members.

87. Defendants' false oral statements about the Association have caused, and will 

continue to cause, injury to the Association and its BOD's goodwill and reputation. In fact, 

members and non-members have become concerned and wearied about the Association and its 

BOD and its management of funds. Also, Defendants' false oral statements effectively delayed the 

approval of loans required to maintain and repair Parker Plaza building.

88. The Association and its BOD are not limited public figures as there is no public 

controversy involved in this case. Regardless, Defendants have acted with actual malice as 

established above. Defendants knew the statements were false or acted with reckless disregard as 

to the falsity of the statements. Even after the forensic auditor hired by Defendants examined all 

the claims against the Association and BOD and determined there was no basis for the claims,

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FOWLER WHITE BURNETT P.A.• BRICKELL ARCH, 1395BRICKELLAVENUE, 14TH FLOOR,MIAMI,FLORIDA 33131 • (305) 789-9200

Defendants buried the report and continue to make false oral accusations against the Association 

and its BOD even though Defendants knew the accusations to be false.

89. Defendants' defamatory oral statements are in furtherance of improper, unlawful 

purposes such as preventing the necessary maintenance and repairs to the building and usurping 

the BOD by illegal means.

90. Defendants' defamatory statements are not opinion protected by the right to free 

speech as these statements are based on false, inaccurate facts. 

WHEREFORE, the Association respectfully requests that this Court enter a judgment 

against Defendants for defamation - slander, enjoined Defendants from publishing oral false 

statements about the Association and its BOD to third parties in furtherance of improper purposes, 

attorneys' fees and costs pursuant to Florida Statute 718.303, and all other relief deemed just and 

proper

COUNT VI:

TRADE LIBEL

(Against Defendants)

91. The Association realleges paragraphs one (1) through fifty-six (56), as if fully set 

forth herein.

92. Defendants published written defamatory falsehoods about the Association and its 

BOD to third parties by disseminating lies and false information about Parker Plaza and its BOD 

by emails and letters (See Exhibits "A" through "N") including, but not limited to, accusations of 

mismanagement of funds, corruption, and non-performance of duties to the detriment of residents, 

sent to the Association's members as well as non-members such as banks, realtors, contractors, and 

tenants. Defendants engaged in a written smear and disparage campaign against the Association 

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FOWLER WHITE BURNETT P.A.• BRICKELL ARCH, 1395BRICKELLAVENUE, 14TH FLOOR,MIAMI,FLORIDA 33131 • (305) 789-9200

and its BOD by sending numerous emails replete with misrepresentations to the members and nonmembers.

93. Defendants knew that the defamatory written falsehoods about the Association and 

its BOD would likely result in inducing members and non-members to not deal with the

Association and its BOD. 

94. Defendants have acted with actual malice as established above. Defendants knew 

the statements were false or acted with reckless disregard as to the falsity of the statements. In fact, 

Defendants' wrongful misconduct intentionally and purposefully aimed at undermining the 

Association's services to its members and relationship with non-members such as banks and 

contractors. 

95. Defendants' knew that their misconduct was so egregious that they intentionally 

concealed the final report of their own hired expert, SFPOC, which concluded that the Association 

had not engaged in criminal activity nor regulatory non-compliance.

96. Defendants' defamatory falsehoods about the Association and it BOD have played, 

and continue to play, a material and substantial part in inducing the Association's members and 

non-members not to deal with the Association and its BOD. 

97. Defendants' falsehoods about the Association have caused, and will continue to 

cause, injury to the Association and its BOD's goodwill and reputation. In fact, members and nonmembers have become concerned and wearied about the Association and its BOD and its 

management of funds. Also, Defendants' false statements effectively delayed the approval of loans 

required to maintain and repair Parker Plaza building.

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FOWLER WHITE BURNETT P.A.• BRICKELL ARCH, 1395BRICKELLAVENUE, 14TH FLOOR,MIAMI,FLORIDA 33131 • (305) 789-9200

98. Defendants' defamatory statements are not opinion protected by the right to free 

speech as these statements are based on false, inaccurate facts. 

WHEREFORE, the Association respectfully requests that this Court enter a judgment 

against Defendants for trade libel, enjoined Defendants from publishing written and oral false 

statements about the Association and its BOD to third parties in furtherance of improper purposes,

grant damages, attorneys' fees and costs pursuant to Florida Statute 718.303, and all other relief 

deemed just and proper.

DEMAND FOR JURY TRIAL

Parker Plaza hereby demands a Trial by Jury of any and all issues triable of right by a jury. 

Respectfully submitted,

/s/ Luis S. Konski

Luis S. Konski

Fla. Bar No. 207837

Email: lkonski@fowler-white.com

Daniel A. Milian

Fla. Bar No. 74803

Email: dmilian@fowler-white.com

Joseph Englander

Fla. Bar No. 935565

Email: jenglander@fowler-white.com

Ana E. Tovar

Fla. Bar No. 1008100

Email: atovar@fowler-white.com

FOWLER WHITE BURNETT, P.A.

Brickell Arch, Fourteenth Floor

1395 Brickell Avenue

Miami, Florida 33131

Telephone: (305) 789-9200

Facsimile: (305) 789-9201

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FOWLER WHITE BURNETT P.A.• BRICKELL ARCH, 1395BRICKELLAVENUE, 14TH FLOOR,MIAMI,FLORIDA 33131 • (305) 789-9200

CERTIFICATE OF SERVICE

I hereby certify that on November 17, 2022, I electronically filed the foregoing with the 

Clerk of the Court using the CM/ECF. I also certify that the foregoing document is being served 

this day on all counsel via transmission of Notices of Electronic Filing generated by CM/ECF, and 

on Richard S. Lubliner, Lubliner Law, PLLC, counsel for Defendants, 1645 Palm Beach Lakes 

Boulevard, Suite 1200, West Palm Beach, Florida 33401, at rich@lubliner-law.com and 

carolina@lubliner-law.com. 

/s/ Ana E. Tovar

Ana E. Tovar

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