PLAINTIFF’S ORIGINAL PETITION 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION 

BUZZBALLZ, LLC § 

 § 

 Plaintiff, § 

 § CIVIL ACTION NO. 3:22-CV-2187 

v. § 

 § 

BREW-ALLIANCE, INC. a/k/a § 

BROUE-ALLIANCE, INC. and § 

GELOSO BEVERAGE GROUP, LLC § 

 § 

 Defendants. § 

ORIGINAL COMPLAINT 

Plaintiff BuzzBallz, LLC files this Original Complaint against Defendants Brew-Alliance, 

Inc. a/k/a Broue-Alliance, Inc. and Geloso Beverage Group, LLC, and respectfully states as 

follows: 

I. PARTIES

1. Plaintiff BuzzBallz, LLC (“BuzzBallz” or “Plaintiff”) is a limited liability 

company duly organized under the laws of the State of Texas with its principal place of business 

at 2114 McDaniel Drive, Carrollton, Texas 75006. 

2. Defendant Brew-Alliance, Inc. a.k.a. Broue-Alliance, Inc. (“Brew-Alliance”) is 

a corporation organized under the laws of Canada with its principal place of business at 3838 

Léman Boulevard, Laval, Quebec H7E1A1, Canada. 

3. Defendant Geloso Beverage Group, LLC (“Geloso”) is a limited liability 

company organized under the laws of Delaware with its principal place of business at 1662 

Manitou Road, Rochester, New York 14626. 

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II. JURISDICTION AND VENUE 

4. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 

1338(a), (b) because this action involves claims of trademark infringement arising under federal 

law as well as related claims of unfair competition. 

5. This Court has personal jurisdiction over Defendants Brew-Alliance and Geloso 

(collectively “Defendants”) because Defendants have committed acts which have reasonably 

foreseeable consequences in Texas, including by distributing, marketing, and selling infringing 

products to Texas residents in numerous stores throughout Texas and this District. Defendants 

also own and/or operate an interactive website where they advertise their products and whereby 

Texas consumers can submit information in order to be entered into a sweepstakes to win a trip 

to Austin, Texas. 

6. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) because a 

substantial part of the events or omissions giving rise to BuzzBallz’s claims occurred in this 

District. Defendants have distributed, marketed, and sold infringing products to Texas residents 

in this District. Venue is further proper in this District because Defendants are subject to personal 

jurisdiction in this District and deemed to reside here. See 28 U.S.C. § 1391(b)(1), (c). 

III. FACTUAL ALLEGATIONS 

A. BuzzBallz and Its Trademarks 

7. BuzzBallz is a woman-owned business that sells a variety of ready-to-drink 

alcoholic beverages in unique, brightly-colored containers and cans. 

8. The concept for BuzzBallz was conceived in the mid-2000s by its founder—at the 

time a high school teacher—who was looking for a convenient way to sip a cocktail on a hot 

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summer day. After years of industry research and a substantial financial investment, BuzzBallz 

was founded in July 2009. 

9. Although BuzzBallz was founded and is based in North Texas, BuzzBallz has 

grown substantially since its founding, now selling products in all 50 states and internationally. 

BuzzBallz-branded alcoholic beverages have become the number one ready-to-drink, single-serve 

cocktails in the United States. BuzzBallz sells approximately 5 million cases (equating to 

approximately 120 million BuzzBallz beverages) annually, generating tens of millions of dollars 

in annual sales. 

10. BuzzBallz’s products, which are sold in retail stores and online, including at 

www.buzzballz.com, consist of high-quality, pre-mixed alcoholic beverages made from natural 

juices and premium ingredients. 

11. BuzzBallz’s products come in a variety of flavors, including tea, lemonade, peach, 

lemon, and other refreshing tropical and citrus fruit-based flavors. 

12. Some of BuzzBallz’s flavors include “Tea-Licious,” “PeachBallz,” “Stiff 

Lemonade,” “Lemon Tea Chiller,” “Peach Chiller,” and “Lemon Chiller,” among many others. 

13. BuzzBallz’s alcoholic beverages are sold in brightly colored packaging with block 

lettering, and consist of BuzzBallz-branded Cocktails, Chillers, Biggies, and canned BuzzTallz 

products, as exemplified below: 

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14. BuzzBallz has used its registered trademark, BUZZBALLZ, in association with the 

marketing and sale of its products since its founding in 2009. BUZZBALLZ owns U.S. Trademark 

Registration No. 4,498,235 for its BUZZBALLZ mark, which mark has achieved incontestable 

status. 

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15. BuzzBallz has used its registered trademark, BUZZTALLZ, in association with the 

marketing and sale of its products since 2018. BuzzBallz owns U.S. Trademark Registration No. 

5,618,458 for its BUZZTALLZ mark. 

16. BuzzBallz also owns several other federal trademark registrations for its 

“BuzzBallz” and “BuzzTallz” marks, as shown in the chart below: 

Mark U.S. Reg. No. Reg. Date 

First Use in 

Commerce 

BUZZBALLZ 4,498,235 Mar. 18, 2014 Oct. 1, 2009 

3,865,524 Oct. 29, 2010 Oct. 1, 2009 

BUZZBALLZ CHILLERS 4,810,280 Sept. 8, 2015 Apr. 28, 2015 

BUZZBALLZ BIGGIES 5,237,465 Jul. 4, 2017 Jan. 20, 2017 

BUZZBALLZ SHOOTERZ 4,852,822 Nov. 10, 2015 Aug. 26, 2015 

BUZZTALLZ 5,618,458 Nov. 27, 2018 July 24, 2018 

4,991,530 Jul. 5, 2016 Jul. 16, 2010 

5,107,465 Dec. 27, 2016 Jul. 16, 2010 

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5,107,464 Dec. 27, 2016 Dec. 4, 2013 

(collectively the “Registered BUZZBALLZ Marks”). 

17. In addition to the Registered BUZZBALLZ Marks, BuzzBallz has numerous 

pending trademark applications for “BuzzBallz” marks and, through years of hard work, has 

established considerable common law trademark rights in an assortment of “BuzzBallz” marks 

(collectively, with the Registered BUZZBALLZ Marks, the “BUZZBALLZ Marks”). 

18. BuzzBallz has continuously used the BUZZBALLZ Marks in association with its 

alcoholic beverage products, marketing materials, website located at www.buzzballz.com, social 

media pages, and merchandise offerings for more than a decade. BuzzBallz has developed 

considerable valuable goodwill and brand recognition in association with the BUZZBALLZ Marks 

throughout the United States (and internationally), including in Texas and this District, where 

BuzzBallz is headquartered. The consuming public has thus come to associate the BUZZBALLZ 

Marks with BUZZBALLZ’s high-quality alcoholic beverages and product offerings. 

19. BuzzBallz has expended considerable amounts of time, skill, labor, and money 

designing, developing, promoting, and protecting its rights in the BUZZBALLZ Marks. 

B. Defendants’ Infringement 

20. Despite the nationwide and international consumer goodwill and brand recognition 

BuzzBallz has established in the BUZZBALLZ Marks through years of hard work and investment, 

in February of 2022—years after BuzzBallz began using the BUZZBALLZ Marks on a national 

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and international scale—Defendants began marketing and selling products under the confusingly 

similar mark BUZZ TEA (the “Infringing Mark”). 

21. Like BuzzBallz, Defendants produce ready-to-drink alcoholic drinks, including 

alcoholic tea, lemonade, and peach-flavored products, including “Buzz Tea,” “Buzz Tea Peach,” 

and “Buzz Tea Half & Half” (half tea, half lemonade), as shown below: 

22. Defendants use the word “Buzz” as the primary feature of the Infringing mark, and 

repeatedly highlight the term throughout their marketing materials, including with phrases such as 

“What’s the Buzz?,” “THE BUZZ IS REAL,” “START BUZZING!,”and “keep up with the latest 

Buzz.” 

23. Defendants not only market similar products using the confusingly similar 

Infringing Mark, but also feature similar color schemes, block lettering, and similar flavor choices 

as authentic BuzzBallz products. While BuzzBallz offers “Tea-Licious,” “Lemon Tea Chiller,” 

“PeachBallz,” “Peach Chiller,” and “Stiff Lemonade,” Defendants offer “Hard Iced Tea,” “Peach 

Iced Tea,” and “Hard Tea & Lemonade Flavors.” Defendants’ similar products are marketed to 

the same target audience as authentic BuzzBallz products, making it especially likely that 

consumers will be confused into believing that Defendants’ products are put out by BuzzBallz. 

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24. Adding to the likelihood of consumer confusion, Defendants’ products, like 

BuzzBallz’s BuzzTallz products, are (i) sold in tall aluminum cans, (ii) feature similar bright color 

schemes, (iii) include dual-tone can designs, (iv) include mono-colored horizontal stripes at the 

top and bottom of the can, with the upper stripe displaying the product flavor in white, block 

lettering, and (v) depict the Infringing Mark in block lettering. 

25. Defendants’ products featuring the Infringing Mark are also sold and marketed 

through similar channels of trade as authentic BuzzBallz products, including grocery stores, liquor 

stores, gas stations, and other retail stores where authentic BuzzBallz products are sold, increasing 

the likelihood of consumer confusion. BuzzBallz’s products and Defendants’ infringing products 

are sold in close proximity in retail stores at a similar price point, thus targeting a similar class of 

consumers. 

26. Defendants’ products, like authentic BuzzBallz products, are also marketed 

extensively through the internet and social media sites, including Facebook, Twitter, and 

Instagram. 

27. Defendants have recently registered the domain names buzzteaco.com and 

spillthebuzztea.com (the “Infringing Domain Names”) to market and promote products bearing 

the Infringing Mark. 

28. Defendants’ website located at www.buzzteaco.com features a “Find Buzz Tea” 

page where consumers can find where to purchase products bearing the Infringing Mark across the 

United States, including in Texas and this District: 

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29. Defendants’ website located at www.buzzteaco.com also contains a “Text Us” page 

where customers from across the country, including Texas, are encouraged to directly 

communicate with Defendants through text messages and e-mails: 

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30. Defendants’ website located at www.buzzteaco.com further illustrates Defendants’ 

recent adoption of the Infringing Mark and nationwide distribution, stating “Launching in 2022, 

Buzz Tea is the hard tea sweeping the nation”: 

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31. Defendants additionally market their products through the interactive website 

located at www.spillthebuzztea.com, where consumers are invited to enter their information in 

order to “win a trip to 1 of 3 party cities,” including Austin, Texas: 

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32. Further evidencing Defendants’ intent to use the Infringing Mark on a national 

scale, including in Texas, Brew-Alliance applied for a U.S. Trademark Registration for “BUZZ 

TEA” (No. 90845121) on July 23, 2021, for the following listing of goods——“Liqueurs; Winebased drinks; Wine; Wine coolers being drinks; Alcoholic bitters; Alcoholic cocktail mixes; 

Alcoholic coffee-based beverage; Alcoholic cordials; Alcoholic energy drinks; Alcoholic fruit 

beverages; Alcoholic fruit cocktail drinks; Alcoholic punches; Alcoholic tea-based beverage; 

Alcoholic malt coolers; Hard cider; Prepared wine cocktails; Prepared alcoholic cocktail (Based 

on 44(d) Priority Application) Liqueurs; Wine-based drinks; Wine; Wine coolers being drinks; 

Alcoholic bitters; Alcoholic cocktail mixes; Alcoholic coffee-based beverage; Alcoholic cordials; 

Alcoholic energy drinks; Alcoholic fruit beverages; Alcoholic fruit cocktail drinks; Alcoholic 

punches; Alcoholic tea-based beverage; Alcoholic malt coolers; Hard cider; Prepared wine 

cocktails; Prepared alcoholic cocktail”—which overlaps with the goods covered by the 

BUZZBALLZ Marks, e.g., “Alcoholic beverages except beers; Alcoholic beverages, namely, 

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mixed alcoholic drinks and wine...Alcoholic cocktail mixes,” and “Alcoholic beverages 

containing fruit.” Brew-Alliance’s application remains pending. 

33. Further evidencing Defendants’ intent to distribute infringing products throughout 

Texas, Defendant Brew-Alliance recently registered with the Texas Alcoholic Beverage 

Commission as a non-resident seller of alcoholic beverages. 

34. Defendants’ use of the Infringing Mark in connection with their advertising, 

offering, selling, and providing products in commerce throughout the United States, including 

Texas, that are marketed to similar consumers and in overlapping channels of trade as authentic 

BuzzBallz products, is likely to mislead consumers as to the source of Defendants’ goods and is 

likely to cause consumer confusion or mistake, or to deceive consumers into believing that 

Defendants’ products are affiliated with, connected with, associated with, or endorsed by 

BuzzBallz when they are not. 

35. Defendants were well aware of BuzzBallz and the BUZZBALLZ Marks when they 

commenced their use of the Infringing Mark. This conclusion is informed by the following facts: 

(i) BuzzBallz’s widescale, continuous, nationwide use of the BUZZBALLZ Marks predates 

Defendants’ infringement by more than 10 years; (ii) BuzzBallz has long owned numerous 

publicly-available federal trademark registrations for the BUZZBALLZ Marks, which provide 

constructive notice of BuzzBallz’s rights in the BUZZBALLZ Marks; and (iii) Defendants are 

sophisticated companies with years of experience in the alcoholic beverage industry, in which 

BuzzBallz has existed—and flourished as a market leader, no less—for more than a decade. It is 

therefore inconceivable that Defendants were unaware of BuzzBallz’s exclusive rights in the 

BUZZBALLZ Marks when they commenced their infringement. Nevertheless, Defendants 

decided to move forward with marketing and selling their products using the Infringing Mark. 

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36. As a consequence of Defendants’ ongoing infringement of the BUZZBALLZ 

Marks and unauthorized use of the confusingly similar Infringing Mark, BuzzBallz has suffered 

and will continue to suffer irreparable harm, the exact nature, extent, and amount of which cannot 

be ascertained at this time. Therefore, in addition to damages, BuzzBallz is also entitled to 

preliminary and permanent injunctive relief. 

IV. CAUSES OF ACTION 

Count One: Trademark Infringement, 15 U.S.C. § 1114 

37. BuzzBallz reincorporates by reference the allegations in the foregoing paragraphs, 

inclusive, as if the same were set out here in full. 

38. BuzzBallz owns the Registered BUZZBALLZ Marks. 

39. BuzzBallz has continuously used the Registered BUZZBALLZ Marks in 

commerce and has established considerable brand recognition and goodwill with respect to the 

Registered BUZZBALLZ Marks. 

40. Defendants have sold, offered to sell, and distributed products throughout the 

United States displaying the Infringing Mark, including through use of Defendants’ websites 

located at www.buzzteaco.com and www.spillthebuzztea.com, through which Defendants market 

their products using the Infringing Mark. 

41. Defendants have and continue to use in commerce reproductions, counterfeits, 

copies, and colorable imitations of the Registered BUZZBALLZ Marks in connection with the 

sale, offering for sale, and distribution of goods, including flavored alcoholic beverages, which 

use is likely to cause consumer confusion, mistake, and deception in violation of 15 U.S.C. § 1114. 

42. BuzzBallz has no control over the nature or quality of the products sold and offered 

for sale by Defendants. Any failure, neglect, or default of Defendants in providing quality goods 

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to consumers will reflect adversely upon BuzzBallz as the perceived source of origin and/or 

approval of the products, and may also have potential to harm the consuming public. 

43. BuzzBallz has been damaged and is likely to continue to be damaged by 

Defendants’ infringement of the Registered BUZZBALLZ Marks, and BuzzBallz seeks and is 

entitled to recover its actual damages, Defendants’ profits from the infringement, and the costs of 

this action pursuant to 15 U.S.C. § 1117(a). 

44. This case is exceptional in light of Defendants’ willful use of the Infringing Mark 

to sell and offer to sell their products throughout the United States despite BuzzBallz’s widespread 

and continuous use of the Registered BUZZBALLZ Marks for several years preceding 

Defendants’ first use of the Infringing Mark. Because this case is exceptional, BuzzBallz is also 

entitled to recover its attorneys’ fees incurred pursuing this action pursuant to 15 U.S.C. § 1117(a). 

45. Defendants’ activities have caused and, unless enjoined, will continue to cause 

irreparable injury to BuzzBallz and the goodwill BuzzBallz has established in its products, brand, 

and the Registered BUZZBALLZ Marks over the years. 

Count Two: False Designation of Origin, 15 U.S.C. § 1125(a) 

46. BuzzBallz reincorporates by reference the allegations in the foregoing paragraphs, 

inclusive, as if the same were set out here in full. 

47. BuzzBallz has continuously used the BUZZBALLZ Marks in commerce and has 

established considerable brand recognition and goodwill with respect to the BUZZBALLZ Marks. 

48. Defendants have sold, offered to sell, and distributed products throughout the 

United States displaying the Infringing Mark, including through use of Defendants’ websites 

located at www.buzzteaco.com and www.spillthebuzztea.com, through which Defendants market 

their products using the Infringing Mark. 

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49. Defendants’ unauthorized use of the Infringing Mark is likely to cause confusion, 

to cause mistake, and to deceive as to the affiliation, connection, and association of Defendants 

with BuzzBallz, BuzzBallz’s products, and as to the origin, sponsorship, or approval of 

Defendants’ products by BuzzBallz in violation of 15 U.S.C. § 1125(a)(1)(A). 

50. BuzzBallz has no control over the nature or quality of the products sold and offered 

for sale by Defendants. Any failure, neglect, or default of Defendants in providing quality goods 

to consumers will reflect adversely upon BuzzBallz as the perceived source of origin and/or 

approval of the products, and may also have potential to harm the consuming public. 

51. Defendants’ activities have caused and, unless enjoined, will continue to cause 

irreparable injury to BuzzBallz and the goodwill BuzzBallz has established in its products, brand, 

and the BUZZBALLZ Marks over the years. 

52. BuzzBallz has suffered and will continue to suffer substantial damage to its brand, 

reputation, and goodwill, and BuzzBallz seeks and is entitled to recover actual damages, 

Defendants’ profits from the infringement, and the costs of this action pursuant to 15 U.S.C. § 

1117(a). 

53. Defendants’ conduct constitutes an “exceptional” case under 15 U.S.C. § 1117(a), 

and BuzzBallz is entitled to recover its attorneys’ fees incurred pursuing this action. 

Count Three: Trademark Dilution, 15 U.S.C. § 1125(c) 

54. BuzzBallz reincorporates by reference the allegations in the foregoing paragraphs, 

inclusive, as if the same were set out here in full. 

55. BuzzBallz is the exclusive owner of the BUZZBALLZ Marks. 

56. The BUZZBALLZ Marks are distinctive and famous within the meaning of the 

Federal Trademark Dilution Act, 15 U.S.C. § 1125(c). The BUZZBALLZ Marks are widely 

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recognized by the general consuming public of the United States as the designation of the source 

of BuzzBallz’s goods. 

57. Defendants commenced use of the Infringing Mark after the BUZZBALLZ Marks 

became famous. 

58. Defendants’ marketing, distribution, and sale, without authorization from 

BuzzBallz, of products bearing the Infringing Mark, is diluting the distinctive quality of the 

BUZZBALLZ Marks and decreasing the capacity of the BUZZBALLZ Marks to identify and 

distinguish BuzzBallz’s products. 

59. Defendants’ activities, as alleged herein, both separately and collectively, have 

diluted or are likely to dilute the distinctive quality of the BUZZBALLZ Marks in violation of the 

Federal Trademark Dilution Act, 15 U.S.C. § 1125(c). 

60. At all relevant times, on information and belief, Defendants willfully intended to 

trade on BuzzBallz’s reputation and/or to cause dilution of the famous BUZZBALLZ Marks. 

61. BuzzBallz seeks and is entitled to recover injunctive relief, actual damages, 

Defendants’ profits from the infringement, and the costs of this action pursuant to 15 U.S.C. § 

1117(a). 

62. Defendants’ conduct constitutes an “exceptional” case under 15 U.S.C. § 1117(a), 

and BuzzBallz is entitled to recover its attorneys’ fees incurred pursuing this action. 

Count Four: Cybersquatting, 15 U.S.C. § 1125(d) 

63. BuzzBallz reincorporates by reference the allegations in the foregoing paragraphs, 

inclusive, as if the same were set out here in full. 

64. Defendants have registered, trafficked in, and used the Infringing Domain Names, 

which are confusingly similar to and dilutive of the BUZZBALLZ Marks and the BuzzBallz 

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domain name www.buzzballz.com, with a bad faith intent to profit from BuzzBallz’s trademark 

rights in violation of 15 U.S.C. § 1125(d). 

65. As a result of Defendants’ actions, BuzzBallz has been damaged. 

66. Pursuant to 15 U.S.C. § 1125(d)(1)(C), BuzzBallz requests that the Court order the 

transfer of the Infringing Domain Names to BuzzBallz or, alternatively, the forfeiture and/or 

cancellation of Defendants’ registration of the Infringing Domain Names. 

67. BuzzBallz has suffered and will continue to suffer substantial damage to its brand, 

reputation, and goodwill, and BuzzBallz seeks and is entitled to recover its actual damages, 

Defendants’ profits from the infringement, and the costs of this action pursuant to 15 U.S.C. § 

1117(a). 

68. Defendants’ conduct constitutes an “exceptional” case under 15 U.S.C. § 1117(a), 

and BuzzBallz is entitled to attorneys’ fees incurred pursuing this action. 

Count Five: Common Law Trademark Infringement 

69. BuzzBallz reincorporates by reference the allegations in the foregoing paragraphs, 

inclusive, as if the same were set out here in full. 

70. BuzzBallz has been using the BUZZBALLZ Marks throughout the United States 

continuously for several years in association with its ready-to-drink alcoholic beverages and 

merchandise. 

71. Without authorization, Defendants recently began using the Infringing Mark in 

connection with their ready-to-drink alcoholic beverages. 

72. Defendants’ use of the Infringing Mark or any confusingly similar variations 

thereof, is likely to cause confusion, deception, and mistake by creating the false and misleading 

impression that Defendants’ goods are created, manufactured, or distributed by BuzzBallz, or are 

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associated or connected with BuzzBallz, or have the sponsorship, endorsement, or approval of 

BuzzBallz, when they do not. 

73. Defendants’ actions demonstrate a willful intent to trade on the goodwill associated 

with the BUZZBALLZ Marks. 

74. As such, Defendants’ activities are causing and, unless enjoined by this Court, will 

continue to cause a likelihood of confusion and deception of members of the trade and public, and, 

additionally, injury to BuzzBallz’s goodwill and reputation, for which BuzzBallz has no adequate 

remedy at law. Furthermore, BuzzBallz has suffered and will continue to suffer substantial 

damages while Defendants have reaped substantial profits. 

75. BuzzBallz is entitled to injunctive relief and to recover Defendants’ profits, as well 

as Defendants’ actual damages and costs and fees incurred in connection with this action, in an 

amount to be determined at trial. 

Count Six: Unfair Competition By Misappropriation 

76. BuzzBallz reincorporates by reference the allegations in the foregoing paragraphs, 

inclusive, as if the same were set out here in full. 

77. BuzzBallz developed the BUZZBALLZ Marks through the expenditure of 

extensive time, skill, labor, and money. In connection with the marketing and sale of their goods 

bearing the Infringing Mark, Defendants have exploited the reputation and goodwill associated 

with the BUZZBALLZ Marks in competition with BuzzBallz to gain a competitive advantage. 

78. By these actions, Defendants have gained a financial benefit for themselves and 

have caused harm to BuzzBallz’s brand, goodwill, and reputation, causing BuzzBallz to suffer 

damages. 

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79. BuzzBallz is entitled to injunctive relief and to recover Defendants’ profits, as well 

as Defendants’ actual damages and costs and fees incurred in connection with this action, in an 

amount to be determined at trial. 

Count Seven: Dilution under Texas Law, Tex. Bus. & Comm. Code § 16.103 

80. BuzzBallz reincorporates by reference the allegations in the foregoing paragraphs, 

inclusive, as if the same were set out here in full. 

81. BuzzBallz is the exclusive owner of the BUZZBALLZ Marks. 

82. The BUZZBALLZ Marks are distinctive and famous within the meaning of Texas 

Business and Commerce Code § 16.001, et seq. The BUZZBALLZ Marks are widely recognized 

by the general consuming public of the State of Texas, and in geographic areas within the State of 

Texas, as the designation of the source of BuzzBallz’s goods. 

83. Defendants commenced use of the Infringing Mark after the BUZZBALLZ Marks 

became famous. 

84. Defendants’ marketing, distribution, and sale, without authorization from 

BuzzBallz, of products bearing the Infringing Mark, is diluting the distinctive quality of the 

BUZZBALLZ Marks, and decreasing the capacity of the BUZZBALLZ Marks to identify and 

distinguish BuzzBallz products. 

85. Defendants’ activities, as alleged herein, both separately and collectively, have 

diluted or are likely to dilute the distinctive quality of the BUZZBALLZ Marks in violation of 

Texas Business and Commerce Code § 16.103. 

86. At all times, on information and belief, Defendants willfully intended to trade on 

BuzzBallz’s reputation and/or to cause dilution of the famous BUZZBALLZ Marks. 

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87. BuzzBallz seeks and is entitled to recover injunctive relief and, because 

Defendants’ acted willfully, an amount up to three times BuzzBallz’s actual damages and 

Defendants’ profits from the infringement, the costs of this action, and BuzzBallz’s attorneys’ fees 

incurred pursuing this action pursuant to Texas Business and Commerce Code §§ 16.103(c) and 

16.104. 

V. REQUEST FOR INJUNCTIVE RELIEF

88. BuzzBallz reincorporates by reference the allegations in the foregoing paragraphs, 

inclusive, as if the same were set out here in full. 

89. Defendants have violated 15 U.S.C. §§ 1114 and 1125(a), (c), committed common 

law trademark infringement, and unfairly competed with BuzzBallz under Texas law, and 

BuzzBallz is therefore entitled to injunctive relief under 15 U.S.C. § 1116 and under Texas law. 

90. BuzzBallz requests that the Court issue preliminary and permanent injunctive relief 

enjoining Defendants and their officers, directors, agents, employees, successors, assigns and 

attorneys, and all other persons and entities in active concert or participation with Defendants who 

receive notice of the injunction, from doing, aiding, causing or abetting the following: 

(a) engaging in any acts or activities directly or indirectly calculated to trade upon the 

BUZZBALLZ Marks or BuzzBallz’s reputation and goodwill, including any 

further use of the Infringing Mark or any other marks that are identical or 

confusingly similar to the BUZZBALLZ Marks in any physical or electronic 

medium, including, but not limited to product packaging, websites, internet 

metadata, domain names, business names, assumed business names, apparel, 

accessories, letterhead, social media sites, podcasts, and other written, audio, or 

visual materials of any nature; 

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(b) applying for or pursuing a U.S. federal or state trademark registration for the 

Infringing Mark or any other mark that is identical or confusingly similar to the 

BUZZBALLZ Marks; 

(c) directly or indirectly using in commerce a reproduction, counterfeit, copy, or 

 colorable imitation of the BUZZBALLZ Marks or packaging in connection with 

 the sale, offering for sale, or distribution, of any goods and/or services; 

(d) directly or indirectly using any false designation of origin, false or misleading 

 description of fact, or false or misleading representation of fact in connection with 

 the sale of Defendants’ products or services, including any representation that 

 Defendants’ are affiliated with BuzzBallz; 

(e) passing off, inducing or enabling others to sell or pass off, as products or services 

 produced by or for or distributed with authorization of BuzzBallz, any 

 product or service that is not the product or service of BuzzBallz, is not 

 produced under the control or supervision of BuzzBallz, is not approved by 

 BuzzBallz, or is not distributed with BuzzBallz’s express authorization; 

(f) Selling, offering to sell, or distributing products that incorporate, include, or display 

the Infringing Mark, or any other mark that is confusingly similar to the BuzzBallz 

Marks; and 

(g) otherwise engaging in competition unfairly. 

91. BuzzBallz will suffer immediate and irreparable damage, injury and harm for which 

there is no adequate remedy at law if Defendants are not immediately and permanently enjoined 

from the conduct listed above. 

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92. Public policy favors the protection of intellectual property rights and the prevention 

of unfair competition, and any injunctive relief granted herein will therefore be in accordance with 

public policy. 

93. The potential damage to BuzzBallz if the injunctive relief requested herein is not 

granted far outweighs any harm that Defendants will suffer as a result of the injunctive relief 

requested. Immediate and permanent injunctive relief is therefore appropriate. 

VI. JURY DEMAND 

94. BuzzBallz hereby demands a trial by jury of all claims so triable. 

VII. PRAYER FOR RELIEF 

WHEREFORE, BuzzBallz prays that the Court grant the following relief: 

1. Order that Defendants and their officers, directors, agents, employees, successors, 

assigns and attorneys, and all persons and entities in active concert or participation with 

Defendants who receive notice of the injunction, be enjoined and restrained preliminarily during 

the pendency of this action, and then permanently, from doing, aiding, causing, or abetting any of 

the following: 

(a) engaging in any acts or activities directly or indirectly calculated to trade upon the 

BUZZBALLZ Marks or BuzzBallz’s reputation and goodwill, including any 

further use of the Infringing Mark or any other marks that are identical or 

confusingly similar to the BUZZBALLZ Marks in any physical or electronic 

medium, including, but not limited to product packaging, websites, internet 

metadata, domain names, business names, assumed business names, apparel, 

accessories, letterhead, social media sites, podcasts, and other written, audio, or 

visual materials of any nature; 

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(b) applying for or pursuing a U.S. federal or state trademark registration for the 

Infringing Mark or any other mark that is identical or confusingly similar to the 

BUZZBALLZ Marks; 

(c) directly or indirectly using in commerce a reproduction, counterfeit, copy, or 

 colorable imitation of the BUZZBALLZ Marks or packaging in connection with 

 the sale, offering for sale, or distribution, of any goods and/or services; 

(d) directly or indirectly using any false designation of origin, false or misleading 

 description of fact, or false or misleading representation of fact in connection with 

 the sale of Defendants’ products or services, including any representation that 

 Defendants’ are affiliated with BuzzBallz; 

(e) passing off, inducing or enabling others to sell or pass off, as products or services 

 produced by or for or distributed with authorization of BuzzBallz, any 

 product or service that is not the product or service of BuzzBallz, is not 

 produced under the control or supervision of BuzzBallz, is not approved by 

 BuzzBallz, or is not distributed with BuzzBallz’s express authorization; 

(f) Selling, offering to sell, or distributing products that incorporate, include, or display 

the Infringing Mark, or any other mark that is confusingly similar to the BuzzBallz 

Marks; and 

(g) otherwise engaging in competition unfairly. 

2. Order Defendants to file with the Court and serve upon counsel for BuzzBallz 

within thirty (30) days after the entry of the injunction prayed for in this Complaint, a written 

report, sworn to under oath, setting forth in detail the manner and form in which Defendants have 

complied with the injunction; 

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3. Pursuant to 15 U.S.C. § 1125(d)(1)(C), order Defendants to transfer the registration 

of the Infringing Domain Names to BuzzBallz or, alternatively, order the forfeiture or cancellation 

of the Infringing Domain Names. 

4. Award BuzzBallz its actual damages, which may be trebled in the Court’s 

discretion, resulting from Defendants’ infringement; 

5. Order Defendants to account for and pay to BuzzBallz all profits derived by reason 

of Defendants’ acts alleged in this Complaint, which may be trebled in the Court’s discretion, and 

to disgorge such profits to BuzzBallz; 

6. Find that this is an “exceptional” case pursuant to 15 U.S.C. § 1117; 

7. Award BuzzBallz its costs of suit, including reasonable and necessary attorneys’ 

fees and expenses pursuant to 15 U.S.C. § 1117; 

8. Award BuzzBallz pre-judgment and post-judgment interest at the highest legal rate 

on all sums awarded in the Court’s judgment; and 

9. Award BuzzBallz such other and further relief to which it may be entitled at law or 

in equity. 

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Respectfully submitted, 

HAYNES AND BOONE, L.L.P. 

 /s/ Jason P. Bloom 

 Jason P. Bloom 

 jason.bloom@haynesboone.com 

State Bar No. 24045511 

One Victory Park 

2323 Victory Avenue, Suite 700 

Dallas, Texas 75219 

Telephone: (214) 651-5000 

Facsimile: (214) 651-5940 

Michael J. Lambert 

michael.lambert@haynesboone.com 

State Bar No. 24128020 

600 Congress Avenue, Suite 1300 

Austin, Texas 78701 

Telephone: (512) 867-8400 

Facsimile: (512) 867-8470 

ATTORNEYS FOR PLAINTIFF 

BUZZBALLZ, LLC 

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