UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

YOUNG’S INCORPORATED, a Michigan 

corporation,

Case No.

Plaintiff,

Hon.

v

PROVIDE CREATIONS, INC., a Delaware 

corporation, d/b/a PERSONAL CREATIONS,

Defendant.

______________________________________/

TISHKOFF & ASSOCIATES PLLC

By: William G. Tishkoff (P45165)

And: Sarah L. Wixson (P76496)

And: Michael R. Wolin (P77038)

And: Christopher M. Vukelich (P76420)

Attorneys for Plaintiff

407 North Main Street

Ann Arbor, MI 48104

(734) 663-4077

______________________________________/

VERIFIED COMPLAINT AND JURY DEMAND

NOW COMES Plaintiff, Young’s Incorporated, by its attorneys, Tishkoff & Associates 

PLLC, and states for its verified complaint against Defendant, Provide Creations, Inc., d/b/a 

Personal Creations:

PARTIES

1. Plaintiff, Young’s Incorporated (“Young’s”), is a Michigan corporation, with its 

principal offices located in the County of Monroe, State of Michigan, and is a citizen of the State 

of Michigan.

2. Defendant, Provide Creations, Inc., d/b/a Personal Creations (“Personal 

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Creations”), is a Delaware corporation.

3. Personal Creations has its principal offices in California and is a citizen of Delaware 

and California. 

JURISDICTION AND VENUE

4. The instant action seeks a judgment and injunction against Personal Creations for

violations of the Copyright Act of 1976, 17 U.S.C. §§ 101, et seq. (the “Copyright Act”) and 

Lanham Act, 15 U.S.C. §§ 1051, et seq. (the “Lanham Act”), unfair competition, trademark 

infringement, breach of contract, unjust enrichment, and account stated.

5. The amount in controversy in this matter, exclusive of interest and costs, exceeds 

$75,000. 

6. Complete diversity exists between the parties, and this Court has diversity 

jurisdiction over the subject matter of this action pursuant to 28 U.S.C. § 1332.

7. This Court also has original federal question jurisdiction over Young’s Copyright 

Act and Lanham Act claims, pursuant to 28 U.S.C. §§ 1331 and 1338, and supplemental 

jurisdiction over Young’s remaining claims, as these claims are so related to the Copyright Act 

and Lanham Act claims that they form part of the same case or controversy under Article III of the 

United States Constitution pursuant to 28 U.S.C. § 1367.

8. This Court has personal jurisdiction over Personal Creations where Personal 

Creations purposefully availed itself of the benefits and protections of the judicial district of this 

Court; systematically and continuously conducts business in Michigan; and the initiation and 

performance of the subject contract arose in the judicial district of this Court.

9. Pursuant to 28 U.S.C. § 1391(b)(2) and (3), venue in this Court is proper where a 

substantial part of the events or omissions giving rise to the above claims occurred in the judicial 

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district of this Court and Personal Creations is subject to this Court’s personal jurisdiction.

GENERAL ALLEGATIONS

10. Young’s has operated its business since 1988, designing, developing and 

manufacturing giftware, home décor, fashion accessories and other products for its customers,

including home décor retailers, corporate buyers and boutique shops.

11. Young’s invested substantial resources, including significant time and money, 

creating, developing, manufacturing, marketing and protecting its intellectual property rights in its

unique and distinct indoor snowball fight kit (“Snowball Fight Kit”), a consumer retail product.

12. Young’s Snowball Fight Kit has a readily identifiable expression and appearance, 

with a metal bucket and plush, embroidered snowballs, and distinct text, color, size and shape.

13. Young’s Snowball Fight Kit’s distinct and unique design includes a look and feel 

that is readily identifiable as being Young’s Snowball Fight Kit product, including its plush, 

embroidered white snowballs with black eyes, a carrot nose and smiling face with pink cheeks, its 

distinctive bucket coloring and bucket shape with metal handle, its snowball and snowflake design, 

and its compact size (“Snowball Fight Kit Trade Dress”). A copy of images of the Snowball Fight 

Kit are attached as Exhibit A.

14. Young’s also owns the copyright in the 2-D artwork and sculptural authorship for 

the Snowball Fight Kit, registered with the United States Copyright Office on January 27, 2012

(“Snowball Fight Kit Copyright”). A copy of the Copyright Registration No. VA0001803282 is 

attached as Exhibit B.

15. Young’s named, marketed and sold the Snowball Fight Kit nationwide on its 

website, in showrooms and in its catalogue, in connection with Young’s logo, and using the

trademarks “Snowball Fight Kit” and “Snowball Fight” (collectively, Young’s “Snowball Fight 

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Marks”), indicating and establishing: Young’s brand name for the Snowball Fight Kit; its creation, 

design and manufacturing of the Snowball Fight Kit; and to promote the Snowball Fight Kit as 

Young’s product.

16. Young’s invested substantial effort over a long period of time, including the 

expenditure of substantial sums of time and money, to establish goodwill in its above Snowball 

Fight Kit Copyright and Snowball Fight Marks, to cause consumers throughout the United States 

to recognize and distinguish Young’s Snowball Fight Kit as originating from Young’s.

17. The value of the goodwill developed in Young’s Snowball Fight Kit Copyright and

Snowball Fight Marks does not provide a precise monetary calculation; however, Young’s is a 

unique provider of indoor snowball fight kits within the United States and is widely known as the 

provider of Young’s Snowball Fight Kit, and the value of Young’s goodwill is substantial.

18. Young’s advertises its Snowball Fight Kit on its website, in showrooms and in its 

catalogue, with significant sales generated from these sources.

19. Young’s has expended substantial sums of time, money, effort and resources to 

protect Young’s intellectual property rights in its Snowball Fight Kit, including providing 

infringement notices and incurring legal costs for related enforcement.

20. Personal Creations is an e-commerce retailer that designs, develops and delivers 

flowers, giftware and personalized gifts.

21. Between 2011 and 2013, Personal Creations purchased certain units of Snowball 

Fight Kits from Young’s.

22. The above transactions included 5,008 Snowball Fight Kits that Personal Creations 

purchased from Young’s in 2013 for $20,132.16, with Young’s timely invoicing Personal 

Creations for this purchase on October 2, 2013 (the “October 2, 2013 Invoice”). A copy of the 

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October 2, 2013 Invoice is attached as Exhibit C.

23. Personal Creations paid $5,089.65 of the October 2, 2013 Invoice but failed to pay, 

and remains delinquent for, the $15,042.51 balance. See Affidavit of Matt Darr, dated December 

27, 2014 (“Darr Affidavit,” copy attached as Exhibit D).

24. Upon information and belief, in 2014, Personal Creations began manufacturing a 

“knockoff” of Young’s Snowball Fight Kit (the “PC Knockoff”). Attached as Exhibit E is a copy 

of the web page from Personal Creations web site featuring the PC Knockoff; attached as Exhibit 

F is a photograph of a PC Knockoff which Personal Creations sold to a third-party retailer.

25. The composition and appearance of the PC Knockoff is substantially and 

confusingly similar to Young’s Snowball Fight Kit. Id.

26. Upon information and belief, in 2014, Personal Creations, without authorization 

from Young’s, began marketing, prominently advertising and selling its PC Knockoff on its 

website (www.PersonalCreations.com) and catalogue, and through the Walmart.com website,

using the names “Snowball Fight In A Bucket” and “Personalized Snowball Fight In A Bucket.”

27. Personal Creations use of the composition and appearance of Young’s Snowball 

Fight Kit, and use of marks that copy or are colorable imitations of Young’s Snowball Fight Marks,

are likely to cause confusion, mistake, and deceive purchasers and potential purchasers in the 

marketplace, inducing purchases of PC Knockoffs based on mistaken identity and the good will of 

Young’s Snowball Fight Kit.

28. Personal Creations above conduct caused Young’s substantial damages, including, 

without limitation: lost revenues and profits; lost customers and market share; harm to reputation;

loss of goodwill and standing in the community; damage to business reputation; loss of business 

opportunities and earning potential; devaluation of Young’s brand and Snowball Fight Marks; and 

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attorney fees and expenses.

COUNT I

VIOLATION OF THE FEDERAL COPYRIGHT ACT OF 1976. 17 U.S.C. §§ 101 et seq.

29. Young’s incorporates its above allegations as if fully stated herein.

30. Young’s is the sole owner of its valid Snowball Fight Kit Copyright in the 2-D 

artwork and sculptural authorship claimed in Young’s Snowball Fight Kit, which was created in 

2010 and registered with the United States Copyright Office on January 27, 2012. See Exhibit B.

31. Young’s complied in all respects with 17 U.S.C. §§ 101, et seq., and secured 

exclusive rights and privileges in and to its Snowball Fight Kit Copyright of the 2-D artwork and 

sculptural authorship claimed in the Young’s Snowball Fight Kit.

32. The 2-D artwork and sculptural authorship claimed in Young’s Snowball Fight Kit 

as a whole does not affect the cost or quality of Young’s Snowball Fight Kit or serve any functional 

purpose, and is not the only option for the design of an indoor snowball fight kit. 

33. As alleged, supra, Personal Creations clearly had access to the Young’s Snowball 

Fight Kit. 

34. Young’s did not authorize Personal Creations’ copying of constituent elements that 

are original to Young’s Snowball Fight Kit and containing Young’s distinctive copyrighted 2-D 

architectural artwork and sculptural authorship, including its plush, embroidered white snowballs 

with black eyes, a carrot nose and smiling face with pink cheeks, its distinctive bucket coloring 

and bucket shape with metal handle, its snowball and snowflake design, and its compact size. See 

Exhibit A, supra.

35. The PC Knockoff is clearly substantially similar to the protectable copyright 

elements of Young’s Snowball Fight Kit. See Exhibits E and F, supra.

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36. Young’s did not authorize Personal Creations’ marketing, manufacturing and 

distribution of the substantially and confusingly similar PC Knockoff to actual and potential 

customers and third party retailers, inducing, causing or materially contributing to the infringing 

conduct of purchasers of the PC Knockoff.

37. Personal Creations’ conduct of copying Young’s Snowball Fight Kit, and Personal 

Creations’ marketing, manufacturing and distributing its PC Knockoff to actual and potential 

customers and third party retailers, violates the exclusive rights belonging to Young’s as the owner 

of the copyright to the 2-D artwork and sculptural authorship claimed in the Young’s Snowball 

Fight Kit, including, without limitation, Young’s rights pursuant to 17 U.S.C. § 106. 

38. As discussed supra, Personal Creations had actual or constructive knowledge of 

Young’s Snowball Fight Kit Copyright since 2011 and willfully engaged in, and is willfully 

engaging in, infringement of Young’s copyright in the 2-D artwork and sculptural authorship 

claimed in the Young’s Snowball Fight Kit, in conscious disregard of Young’s rights, particularly 

where Personal Creations has access to Young’s Snowball Fight Kit, knew Young’s Snowball 

Fight Kit existed, and willfully copied a substantial portion of the copyrighted product. 

39. As a direct and proximate result of Personal Creation’s above willful and wrongful 

conduct, Personal Creations realized and continues to realize profits and other benefits rightfully 

belonging to Young’s and Young’s has sustained injuries and damages, including, inter alia: lost 

revenue and profits; loss of customers and market share; harm to reputation; loss of goodwill and 

standing in the community; damage to business reputation; and attorney’s fees and expenses and 

should be awarded maximum statutory or actual damages and profits, injunctive relief, and costs

of this action pursuant to 17 U.S.C. §§ 502, 504 and 505.

COUNT II

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FEDERAL TRADE DRESS INFRINGEMENT. 15 U.S.C. § 1125(a)

40. Young’s incorporates its above allegations as if fully stated herein. 

41. Young’s Snowball Fight Kit is a popular consumer retail product which Young’s 

has been selling to retailers and customers since 2011, including, but not limited to, Personal 

Creations.

42. Young’s Snowball Fight Kit is heavily promoted and advertised nationwide at 

showrooms and tradeshows across the nation, on the YoungsInc.com website and in the Young’s 

customer catalogue, and has gained increasing popularity among consumers.

43. Since 2011, Young’s sold over 250,000 Snowball Fight Kits generating revenue for 

Young’s in excess of $1,250,000.00. 

44. Due to the popularity and high demand of Young’s Snowball Fight Kit as a 

consumer retail product, Young’s Snowball Fight Kit developed a unique and distinctive trade 

dress which is not functional and readily identifiable to its customers and the public, identifying

Young’s rather than the Young’s Snowball Fight Kit, itself.

45. Subsequent to Young’s use and adoption of the Young’s Snowball Fight Kit Trade 

Dress, Personal Creations developed, advertised and sold, and continues to sell, its PC Knockoff

that uses a trade dress that is identical or confusingly similar to the Young’s Snowball Fight Kit 

Trade Dress, incorporating the overall design of the Young’s Snowball Fight Kit Trade Dress, 

including the distinctive 2-D and sculptural elements, inter alia, its plush, embroidered white 

snowballs with black eyes, a carrot nose and smiling face with pink cheeks, its distinctive bucket 

coloring and bucket shape with metal handle, its snowball and snowflake design, and its compact 

size. See Exhibit A, E and F, supra.

46. Personal Creations’ use of Young’s Snowball Fight Kit Trade Dress in its PC 

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Knockoff encompasses features which are likely to cause, and has caused, confusion and deception

as to the affiliation, connection, or association of Personal Creations with Young’s, and constitutes 

a false designation of the origin of Personal Creations’ products, particularly the origin of the PC 

Knockoff.

47. Personal Creations’ acts of copying Young’s Snowball Fight Kit Trade Dress were 

done knowingly and intentionally to cause confusion, mistake or deceive where Personal Creations 

had access to Young’s Snowball Fight Kit, actual or constructive knowledge that Young’s 

Snowball Fight Kit existed since 2011, and willfully copied a substantial portion of the Young’s

Snowball Fight Kit Trade Dress.

48. Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), provides in pertinent part 

that “[a]ny person who in connection with any goods or services...uses in commerce any word, 

term, name, symbol...or any false designation of origin, false or misleading description of fact, or 

false or misleading representation of fact, which is likely to cause confusion, or to cause mistake, 

or to deceive as to affiliation...or as to origin, sponsorship or approval of...goods [or] 

services...shall be liable in a civil action... .”

49. Personal Creations’ activities of making, advertising and selling its PC Knockoff

embodying Young’s Snowball Fight Kit Trade Dress, as alleged above, are prohibited by the 

Lanham Act, 15 U.S.C. 1125(a), and constitutes trade dress infringement. 

50. Personal Creations’ conduct caused significant damage to Young’s, and will 

irreparably damage Young’s unless the continuation of this conduct is enjoined by this Court.

51. As a direct and proximate result of Personal Creations’ above willful trade dress 

infringement, Young’s sustained, and is sustaining, significant injuries and damages, including, 

inter alia: lost revenue and profits; loss of customers and market share; damage to business 

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reputation; dilution of trade dress; loss of goodwill and standing in the community; and the costs 

of this action including attorney fees and expenses and should be awarded injunctive relief, 

maximum damages and profits, including treble damages, and costs of this action pursuant to 15 

U.S.C. §§ 1114-1117.

52. Young’s does not have an adequate remedy at law.

53. No previous injunctive relief has been awarded with respect to this matter in this 

case or in any other case. 

COUNT III

LANHAM ACT VIOLATIONS

[TRADEMARK INFRINGEMENT & UNFAIR COMPETITION]

54. Young’s incorporates its above allegations as if fully stated herein. 

55. Without Young’s permission, Personal Creations manufactured, marketed and sold, 

and continues to manufacture, market and sell, its substantially and confusingly similar PC 

Knockoff in interstate commerce, which copy or imitate Young’s distinctive and unique elements 

including, but not limited to, Young’s Snowball Fight Kit look, feel and trade dress, and that use 

marks that copy or are colorable imitations of Young’s Snowball Fight Marks.

56. Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a)(1), provides in pertinent part 

that “[a]ny person who in connection with any goods or services...uses in commerce any word, 

term, name, symbol...or any false designation of origin, false or misleading description of fact, or 

false or misleading representation of fact, which is likely to cause confusion, or to cause mistake, 

or to deceive as to affiliation...or as to origin, sponsorship or approval of...goods [or] 

services...shall be liable in a civil action... .”

57. Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a)(2), provides in pertinent park 

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that “[a]ny person who in connection with any goods or services...uses in commerce any word, 

term, name, symbol...or any false designation of origin, false or misleading description of fact, or 

false or misleading representation of fact, which...in commercial advertising or promotion 

misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another 

person’s goods or services, or commercial activities...shall be liable in a civil action... .”

58. The above acts of Personal Creations constitutes:

a. Use of a misleading name or symbol;

b. A false designation of origin;

c. A false or misleading representation of fact;

d. A false or misleading description of fact; and

e. Misrepresentations of the nature, characteristics and qualities of Personal 

Creations’ commercial activities;

that causes and are likely to continue to cause: confusion or mistake as to the affiliation of Personal 

Creations with Young’s; confusion, mistake or deception to the effect that Young’s sponsors or 

approves of Personal Creations’ PC Knockoff and use of Young’s Snowball Fight Kit Trade Dress 

and Snowball Fight Marks; and misrepresentations as to the nature, characteristics and qualities of 

the PC Knockoff in violation of Section 43(a) of the Lanham Act.

59. Personal Creations’ above acts were done knowingly and intentionally to cause 

confusion, mistake or deceive consumers where Personal Creations had access to Young’s 

Snowball Fight Kit, actual or constructive knowledge that Young’s Snowball Fight Kit existed 

since 2011, and willfully used trade dress and marks that mimic Young’s Snowball Fight Kit Trade 

Dress and Snowball Fight Marks.

60. Personal Creations is in direct competition with Young’s where they are providing 

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indoor snowball fight kits to third party retailers and customers nationwide.

61. Personal Creations’ on-going acts of infringement in violation of Section 43(a) of 

the Lanham Act inflicted, and continue to inflict, damages and irreparable harm to Young’s.

62. As a direct and proximate result of Personal Creations’ above violations of the 

Lanham Act, Young’s sustained, and is sustaining, significant injuries and damages, including, 

without limitation: severe restriction to, and loss of, business opportunities and earning potential; 

lost revenue and profits; loss of customers and market share; devaluation of Young’s brand and 

Snowball Fight Marks; loss of good will and standing in the community; damage to business 

reputation; and attorney fees and expenses.

63. Young’s does not have an adequate remedy at law and will be further irreparably 

harmed if Personal Creations above conduct is not enjoined.

64. No previous injunctive relief has been awarded with respect to this matter in this 

case or in any other case. 

COUNT IV

TRADEMARK INFRINGEMENT

[MICHIGAN COMMON LAW]

65. Young’s incorporates its above allegations as if fully stated herein.

66. Young’s first owned and used in commerce its Snowball Fight Marks: “Snowball 

Fight Kit” and “Snowball Fight” in 2011.

67. Since 2011, Young’s has invested substantial resources, including time and money, 

in marketing and advertising its Snowball Fight Marks to cause consumers throughout the United 

States to recognize and distinguish Young’s Snowball Fight Kit as originating from Young’s.

68. After Young’s first owned and used in commerce its Snowball Fight Marks, without 

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Young’s permission, Personal Creations used in commerce and incorporated into their commercial 

activities, marks that copy or are colorable imitations of Young’s Snowball Fight Marks.

69. Personal Creations’ use of marks that copy or are colorable imitations of Young’s 

Snowball Fight Marks is likely to cause confusion and mistake, and is likely to deceive actual and 

potential purchasers in the marketplace as to the source of the PC Knockoff. 

70. As a result of the above violations, Personal Creations has become unjustly 

enriched and Young’s incurred extensive damages, including: lost revenue and profits; loss of 

customers and market share; reduction in the value of Young’s Snowball Fight Kit; severe 

restriction to, and loss of, business opportunities and earning potential; devaluation of Young’s 

brand and Snowball Fight Marks; loss of good will and standing in the community; damage to 

business reputation; and attorney fees and expenses.

71. As a result of the above violations, Young’s suffered irreparable harm and will 

continue to suffer irreparable harm, unless Personal Creations is enjoined.

COUNT V

UNFAIR COMPETITION

[MICHIGAN COMMON LAW]

72. Young’s incorporates its above allegations as if fully stated herein. 

73. Without Young’s permission, Personal Creations manufactured, marketed and sold, 

and continues to manufacture, market and sell, its substantially and confusingly similar PC 

Knockoff, which copies or imitates Young’s distinctive and unique elements including, but not 

limited to, Young’s Snowball Fight Kit look, feel and trade dress, and uses marks that copy or are 

colorable imitations of Young’s Snowball Fight Marks.

74. The above acts of Personal Creations constitutes:

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a. Use of a misleading name or symbol;

b. A false designation of origin;

c. A false or misleading representation of fact; and

d. A false or misleading description of fact;

that causes and are likely to continue to cause confusion or mistake as to the affiliation of Personal 

Creations with Young’s, and to cause confusion, mistake or deception as to Young’s sponsorship 

or approval of Personal Creations’ PC Knockoff and use of Young’s Snowball Fight Kit Trade 

Dress and Snowball Fight Marks in violation of Michigan common law unfair competition.

75. Personal Creations’ above acts were done knowingly and intentionally to cause 

confusion, mistake or deceive consumers where Personal Creations had access to Young’s 

Snowball Fight Kit, actual or constructive knowledge that Young’s Snowball Fight Kit existed 

since 2011 and willfully used trade dress and marks that mimic Young’s Snowball Fight Kit Trade 

Dress and Snowball Fight Marks.

76. Personal Creations is in direct competition with Young’s both through product 

competition and geographic competition, as they are also marketing and manufacturing indoor 

snowball fight kits for sale to third party retailers and customers nationwide.

77. As a direct and proximate result of Personal Creations’ above violations, Young’s 

sustained, and is sustaining, significant injuries, damages and irreparable harm, including, without 

limitation: severe restriction to, and loss of, business opportunities and earning potential; lost 

revenue and profits; loss of customers and market share; devaluation of Young’s brand and 

Snowball Fight Marks; loss of good will and standing in the community; damage to business 

reputation; and attorney fees and expenses.

78. Young’s has no adequate remedy at law and will incur further irreparable harm if 

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Personal Creations is not enjoined.

79. No previous injunctive relief has been awarded with respect to this matter in this 

case or in any other case. 

COUNT VI

BREACH OF CONTRACT

80. Young’s incorporates its above allegations as if fully stated herein. 

81. Personal Creations contracted with Young’s for the purchase of 5,008 Snowball 

Fight Kits from Young’s in 2013 for $20,132.16. See October 2, 2013 Invoice, Exhibit C, supra.

82. Young’s timely delivered the subject Snowball Fight Kits but Personal Creations 

breached its obligations pursuant to the above contract by, inter alia, failure to pay Young’s the

full amount due.

83. As a direct and proximate result of Personal Creations’ above breach of its above 

contractual obligations to Young’s, Young’s sustained, and is sustaining, significant damages, 

including loss of the balance due of $15,042.51 under the October 2, 2013 Invoice, interest, 

attorney fees and costs. 

COUNT VII

UNJUST ENRICHMENT

84. Young’s incorporates its above allegations as if fully stated herein. 

85. Personal Creations has been enriched, and will be further enriched, by its wrongful 

appropriation and retention of Young’s Snowball Fight Kits and related intellectual property rights 

without compensation to Young’s. 

86. It is unjust and inequitable for Personal Creations to retain the above benefits 

without properly compensating Young’s for the above Snowball Fight Kits and related intellectual 

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property rights, and Young’s is entitled to be compensated for the value Personal Creations’ above 

unjust enrichment and retention of benefits. 

COUNT VIII

ACCOUNT STATED. MCL 600.2145.

87. Young’s incorporates the above allegations as if fully stated herein. 

88. At Personal Creations’ request, Young’s sold and delivered to Personal Creations 

5,008 units of Young’s Snowball Fight Kits for the purchase price of $20,132.16.

89. On October 2, 2013, Young’s timely invoiced Personal Creations for the above 

Young’s Snowball Fight Kits, which statement of account Personal Creations partially paid 

without a timely objection. See, October 2, 2013 Invoice, Exhibit C, supra; and Darr Affidavit, 

Exhibit D, supra.

90. Personal Creations did not pay the balance owing on the above account, despite 

Young’s demands for payment.

91. Personal Creations is indebted to Young’s for the balance of the above account in 

the amount of $15,042.51, together with interest, as evidenced by the attached Darr Affidavit and 

accompanying October 2, 2013 Invoice, Exhibit D, supra.

COUNT IX

INJUNCTION

92. Young’s incorporates the above allegations as if fully stated herein. 

93. As alleged above, since 2014, Personal Creations willfully infringed and violated, 

and continues to willfully infringe and violate, Young’s copyright, trade dress, trademark, and 

unfair competition rights in Young’s Snowball Fight Kit, Snowball Fight Kit Copyright and 

Snowball Fight Marks by manufacturing, marketing and selling the PC Knockoff.

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94. There is imminent likelihood of continuing irreparable harm to Young’s if Personal 

Creations is not enjoined from continuing to manufacture, market and sell the PC Knockoff

because of the actual and potential likelihood of confusion in the marketplace.

95. There is no adequate remedy at law for Young’s for Personal Creations’ above 

willful violations, where money damages alone will not restore Young’s actual and threatened 

loss, including, inter alia: loss of business opportunities and earning potential; loss of goodwill

and standing in the community; loss of customers and market share; and damage to business 

reputation.

96. The harm to Young’s resulting from the ongoing wrongful acts of Personal 

Creations outweighs any possible harm to Personal Creations if the injunction is entered.

97. Personal Creation’s manufacturing and distribution of PC Knockoff damaged and 

will continue to damage Young’s and the public at large.

98. An injunction is in the public interest.

WHEREFORE, Plaintiff, Young’s Incorporated, respectfully requests entry of a judgment 

against Defendant, Provide Creations, Inc., d/b/a Personal Creations, providing the following 

relief:

A. Awarding Young’s its actual, consequential and compensation damages;

B. Preliminarily and permanently restraining and enjoining Personal Creations, its 

officers, directors, agents, servants, employees, representatives, attorneys, subsidiaries, affiliates 

or other related companies, successors, assigns, and all others in active concert or participation 

with Personal Creations, from manufacturing and distributing the PC Knockoff and using marks 

that mimic and resemble Young’s Snowball Fight Marks, without Young’s consent, or otherwise 

infringing on Young’s intellectual property rights or any other rights in any matter;

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C. Ordering Personal Creations to account to Young’s for all gains, profits and 

advantages derived by their infringement of Young’s Snowball Fight Kit Copyright, Snowball 

Fight Kit Trade Dress, and Snowball Fight Mark and such damages are proper;

D. Awarding Young’s maximum allowable actual or statutory damages for Personal 

Creations’ willful copyright infringement and inducement; 

E. Awarding Young’s maximum allowable damages, including treble damages, for 

Personal Creations’ willful trade dress infringement; 

F. Awarding maximum allowable damages, including treble damages, for Personal 

Creations’ willful trademark infringement;

G. Awarding Young’s post-judgment statutory interest;

H. Awarding Young’s its costs, attorney’s fees and disbursements in this action; and

I. Awarding Young’s such other relief as this Court deems just and equitable. 

Respectfully submitted,

Tishkoff & Associates PLLC

/s/ William G. Tishkoff

By: William G. Tishkoff (P45165)

And: Sarah L. Wixson (P76496)

And: Michael R. Wolin (P77038)

And: Christopher M. Vukelich (P76420)

Attorneys For Plaintiff

407 North Main Street

Ann Arbor, MI 48104

December 27, 2014

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JURY TRIAL DEMAND

NOW COMES Plaintiff, Young’s Incorporated, through its attorneys, Tishkoff &

Associates PLLC, and hereby demands trial by jury on all issues in the above matter properly 

triable thereby.

Respectfully submitted,

Tishkoff & Associates PLLC

/s/ William G. Tishkoff

By: William G. Tishkoff (P45165)

And: Sarah L. Wixson (P76496)

And: Michael R. Wolin (P77038)

And: Christopher M. Vukelich (P76420)

Attorneys For Plaintiff

407 North Main Street

Ann Arbor, MI 48104

December 27, 2014

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