waitin

EXHIBIT
4

Military Brash
with the purchase of
S-Curl Kit or
Proline Comb
Thru Kit

ssresanee

cauiful
eginnings
Chil 's Relaxer Kit

279

iy fer $1
ia Coupon

444115] bacieeae enero

* Jumbo Braid
Kanekalon

ALON Choice

Eremmet * Regular Straight
10" Hair
* Silky Straight
10" Hair

$Q79

Your
Choice



2120 - served” or + Served cy
2220 - Not Served 4 , / 2921 - Not Served oy

2320 - Served By Mail 2321 - Served by Mail
2420 - Served by Publication 2421 - Served by Publication
SUMMONS ALIAS - SUMMONS (Rev. 9/3/99) CCG 0001

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION

June Toney, No. 02L 003446
Plaintiff,

Please Serve:

v. The Wella Corporation
L‘Oreal USA, Inc., c/o National Registered
The Wella Corporation, and Agents, Inc.
Wella Personal Care of North America, 440 9% Avenue, 5% Floor
Defendants. New York, New York 10001
SUMMONS

To each defendant:

YOU ARE SUMMONED and required to file an answer to. the complaint in this case, a copy of which is
hereto attached, or otherwise file your appearance, and pay the required fee, in the office of the Clerk of this Court at
the following location:

DQ Richard J, Daley Center, 50 W. Washington, Room 801 1 Chicago, Illinois 60602
[1 District 2 - Skokie L1 District 3 - Rolling Meadows LJ District 4 - Maywood
5600 Old Orchard Rd. 2121 Euclid 1500 Maybrook Ave.
Skokie, IL 60077 Rolling Meadows, IL 60008 Maywood, 11, 60153
£1 District 5 - Bridgeview [1 District 6 - Markham
10220 Ss. 76th Ave. 16501 S. Kedzie Pkwy.
Bridgeview, IL 60455 Markham, IL 60426

You must file within 30 days after service of this summons, not counting the day of service.
IF YOU FAIL TO DO SO, A JUDGMENT BY DEFAULT MAY BE ENTERED AGAINST YOU FOR THE RELIEF REQUESTED IN THE COMPLAINT.

To the officer:

This summons must be returned by the officer or other person to whom it was given for service, with
endorsement of service and fees, if any, immediately after service. If service cannot be made, this summons shall
be returned so endorsed. This summons may not be served later than 30 days after i Tex) 9

. tat

Atty. No. :_36495 WITNESS, DOROTHY BROWN. ’
Name: Reginald J. Hilt CLERK OF CIRCUIT COURT

Atty. for:_Plaintiff

Address:_19 S. LaSalle St., Suite 1402
City/State/Zip:
Telephone: (312)236-3672

1

y left with defendant

(To be inserted
or other person)
e

**Service by Facsimile Transmission will be accepted at:

(Area Code) (Facsimile Telephone Number)
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS


1
D)

LIST OF DEFENDANTS’ ATTORNEYS

For L’Oreal USA, Inc.

John S. Letchinger, Esq. (6207361)
Joshua L. Smith, Esq. (6238128)
WILDMAN, HARROLD,

ALLEN & DIXON
225 West Wacker Drive
Chicago, Illinois 60606-1229
(312) 201-2000

For The Wella Corporation and Wella
Personal Care of North America

Daniel M. Feeney, Esq. (6224893)
MILLER SHAKMAN & HAMILTON
208 S. LaSalle Street

Suite 1100

Chicago, Illinois 60604

(312) 263-3700


lan) A;

unfair competition with Ms. Toney’s right to control the use her likeness for commercial
purposes in violation of 15 U.S.C. § 1125(a).

25. The Defendants’ products do imply sponsorship and/or endorsement by

Ms. Toney, which allows Defendants to capitalize on consumer confusion.
PRAYER FOR RELIEF

WHEREFORE, plaintiff prays that this Court:

1, Permanently enjoin Defendants L’Oreal and Wella, and others acting with
them or at their direction from further unauthorized use of Ms. Toney’s likeness on its
commercial products;

2. Award plaintiff damages in an amount not less than her actual damages or any
additional profits, benefit, value from use and/or unjust enrichment obtained by L’Oreal
and Wella through their unauthorized use of Ms. Toney’s likeness;

3. Award plaintiff punitive and exemplary damages;

4. Award plaintiff her attorneys’ fees and cost; and

5. Award plaintiff all other just and equitable relief permitted by statute or
common law for a sum of money in excess of the minimum jurisdictional amount.

Dated: March 20, 2002 JUNE TO!
By: —
One/of Her Attorneys

Reginald J. Hill

Elizabeth C. Darko

RJ. HILL & ASSOCIATES, LTD.
19 South LaSalle Street

Suite 1402

Chicago, IL 60603

(312) 236-3672


ay a

Products”) to use her likeness on the packaging of Ultra Sheen Supreme relaxer products
and in national magazines for a limited time.

3. Defendant L’Oreal is a Delaware corporation with a place of business in
Chicago, Cook County, Illinois. L’Oreal does business in Illinois and/or has committed
tortious acts in Chicago, Cook County, Illinois.

4. L’Oreal develops, manufactures, distributes and markets hair care products to
consumers and hair care professionals.

5. In August 2000, L’Oreal acquired Carson Products Company and its line of
hair care products, including the Ultra Sheen Supreme brand relaxer and related products,
which were previously owned by Johnson Products.

6. Defendant The Wella Corporation is a Delaware corporation that does business
in Illinois and/or has committed tortious acts in Chicago, Cook County, Hlinois.

7. Defendant Wella Personal Care of North America, Inc. does business in
Illinois and/or has committed tortious acts in Chicago, Cook County, Illinois.

8. Wella Personal Care of North America, Inc. is a related company to The Wella
Corporation.

9. Wella develops, manufactures, distributes and markets hair care products to
consumers and hair care professionals.

10. On or about December 2000, Wella purchased the Ultra Sheen brand from
L’Oreal.

GENERAL ALLEGATIONS

11. On or about November 2, 1995, Johnson Products made an offer to Ms.

Toney related to the use of her likeness for Ultra Sheen relaxer products. After some
|

v


at a

Firm No. 36495 , ¢
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION

JUNE TONEY,
Plaintiff,
v.

L’OREAL USA, INC.,

a Delaware Corporation,

THE WELLA CORPORATION,
a Delaware Corporation, and
WELLA PERSONAL CARE OF
NORTH AMERICA, INC.,

NN eee ee eee

Defendants.

COMPLAINT
Plaintiff, June Toney, complains of Defendants L’Oreal USA, Inc. (“L’Oreal”),
The Wella Corporation and Wella Personal Care of North America (collectively referred

to as “Wella”), and states as follows:

NATURE OF THE ACTION

1. This action arises out of Defendants’ unauthorized commercial use of Ms.
Toney’s likeness. Ms. Toney seeks damages and injunctive relief to prevent Defendants’
continued use of her likeness and further interference with her right to control the use of
her likeness for commercial purposes.

THE PARTIES

2. Ms. Toney is a resident of Bolingbrook, Will County, Illinois. Ms. Toney is a

model and actress who has appeared in numerous print advertisements, commercials,

runway shows, and etcetera. Ms. Toney allowed Johnson Products Company (“Johnson


TM

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
Eastern Division

In the Matter of

June Toney, Plaintiff,
vs.

L'Oreal USA, Inc., The Wella Corporation, and Wella

Personal Care of North America, Defendants

DOCKETED

APR 2 9 2002

oueC’ 8002

HIMAe py
APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS ATTORNEY(S)FORRUNALD GUZMAN

L'Oreal USA Inc.

M Agro
VTRATEJUDCE LOVIN

LLL)

‘SIGNATURE, VA WEA +

Johy/s. Letchinger

‘Wildman Harrold Allen & Dixon

Lp. BB)
OPES Ay
Joshua L. Smith Uw a

‘Wildman Harrold Allen & Dixon

225 W. Wacker Drive 225 W. Wacker Drive can
Chicago, Illinois 60606 Chicago, Illinois 60606 7
BEST 00 (G13) 3015000 -
6207361 6238128

MEMBER OF TRIAL BAR?

ves [7 NO
wt

MEMBER OF TRIAL BAR?

W

ves [¥, xo

TRIAL ATTORNEY?

‘TRIAL ATTORNEY? ves fy NO

DESIGNATED AS LOCAL COUNSEL?

© (D)
SIGNATURE SIGNATURE
TAME NAME
FIRM FIRM
STREET ADDRESS STREET ADDRESS

‘CITWSTATENZIP

CITY/STATE/ZIP

“TELEPHONE NUMBER.

‘TELEPHONE NUMBER

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)

MEMBER OF TRIAL BAR?

YES Cl

MEMBER OF TRIAL BAR?

YES {l No [—

TRIAL ATTORNEY?

YES

‘TRIAL ATTORNEY?

ves |] xo f_

DESIGNATED AS LOCAL COUNSEL?

yes

DESIGNATED AS LOCAL COUNSEL?

ves [1 wo [1



x “~y

16. Ms. Toney has made several unsuccessful attempts to receive compensation
from Defendants for their use of her likeness beyond the terms outlined in the agreement
with Johnson Products. Ms. Toney has also lost opportunities to use her likeness in the
promotion of hair care products because of Defendants’ continued use of Ms. Toney’s
likeness.

COUNT I
RIGHT OF PUBLICITY

17. Plaintiff incorporates and realleges Paragraphs 1-16 above.

18. This Count is brought pursuant to the Illinois Right of Publicity Act, 765
ILCS 1075/1 et seq.

19. The actions of Defendants L’Oreal and Wella stated above constitute an
unauthorized commercial use of Ms. Toney’s likeness in violation of 765 ILCS 1075/1 et
seq.

20. The actions of Defendants were and are willful and intentional.

21. The actions of Defendants have harmed Ms. Toney and entitle her to
injunctive relief and monetary damages.

COUNT II
UNFAIR COMPETITION

22. Plaintiff incorporates and realleges Paragraphs 1-21 above.

23. This Count is brought pursuant to the U.S. laws of unfair competition, 15
U.S.C. § 1125(a).

24. The actions of Defendants L’Oreal and Wella stated above constitute


IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION DOCKETED

JUNE TONEY, APR 29 2002
Plaintiff, )
' 02C 800
go fa | 6
¥ ) VO2
L’OREAL USA, INC., THE WELLA ) °
CORPORATION, and WELLA ) JUDGE RONALD ails voor
PERSONAL CARE OF NORTH )* we
AMERICA, ) i !
) I .
Defendants. ) ms eo
NOTICE OF REMOVAL | ae
TO: Clerk of the United States District Court for the Northern District of Iinois

Reginald J. Hill
Elizabeth C. Darko
RJ. HILL & ASSOCIATES, LTD.
19 South LaSalle Street
Suite 1402
Chicago, Illinois 60603
Defendants, L’Oreal USA, Inc. (“L’Oreal”), The Wella Corporation, and Wella Personal
Care of North America (collectively “Wella”), pursuant to 28 U.S.C. §§ 1331, 1441 and 1446,
hereby provide notice of removal of this action from the Circuit Court of Cook County, Illinois
to this Court. The grounds for removal are as follows:
1. On March 29, 2002, L’Oreal was served with a Summons and Complaint filed in
the Circuit Court of Cook County, Illinois in an action entitled June Toney vs. L’Oreal USA, Inc.,

The Wella Corporation, and Wella Personal Care of North America, Case Number 02 L 003446.

Plaintiff's Complaint is attached hereto as Exhibit A.


EXHIBIT

i.


$\S00.0B ree nay
& \SDO.B VY cgoupne” lye On 7
see mas ae peegenas n'y

$8300.00 4 20%. ‘agen 4 "
QQ
Bi\\anwdo, awh meh oll AW Mare

SZ 25D.0D grep.

Avleng Wulawn om

yer 22 sees

EXHIBIT

5 1
sow VEST ERIE { SUIT!

. HICAGO TLLINGIS 60610 oe OOO


at A

negotiations, Ms. Toney’s agent, Micki Kriz of Arlene Wilson Management, sent a letter
to Teri Day of Equinox Advertising Agency outlining the terms for use of Ms. Toney’s
likeness for Ultra Sheen relaxer products. (A copy of Ms. Kriz’s letter is attached hereto
as Exhibit 1.)

12, According to the terms of the letter, Johnson Products had a right to use Ms.
Toney’s likeness in conjunction with the Ultra Sheen relaxer packaging for five years
only, beginning November 3, 1995 to November 3, 2000. In addition, Johnson Products
had the right to use Ms. Toney’s likeness in national magazines for one year only,
beginning November 3, 1995 to November 3, 1996.

13. Johnson Products and its successors, Defendants L’Oreal and Wella, have
used and continue to use Ms. Toney’s likeness on Ultra Sheen relaxer packaging and in
other media, including phone cards, magazines, posters, point of purchase materials and
the Internet, beyond the terms outlined in Ms. Kriz’s letter. (A copy of the phone card is
attached hereto as Exhibit 2; a copy of a poster is attached hereto as Exhibit 3; a copy of
point of purchase materials is attached hereto as Exhibit 4; and a copy of an
advertisement on the Intemet is attached hereto as Exhibit 5.)

14. The Ultra Sheen relaxer packaging that includes Ms. Toney’s likeness is
presently distributed and sold internationally, including in Chicago, Illinois.

15.. On February 19, 2002, Ms. Toney’s attorney contacted Defendants and asked
that the Defendants cease and desist their use of Ms. Toney’s likeness, but the Defendants
continue their unauthorized commercial use of Ms. Toney’s likeness on Ultra Sheen

relaxer packaging and in other media.


2120"? served 2121 - served
2220 - NoteServed 2221 Not Served
2320 - Served By Hail 2321 - Served by Mofl
2620 + Served by Publication 2421 - Served by Publication
SUMMONS ALIAS - SUMMONS (Rev. 9/3/99) CCG 9001
oe oa
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION
June Toney, No.0: 003446
Plaintiff,
Please Serve:
v. L'Oreal USA, Inc. c/o
L'Oreal USA, Ine., Corporation Service Company
The Wella Corporation, and &0 Statestreet

Wella Pexgonal Care of North America, Albany, “New York 12207
Defendants.

SUMMONS
To each defendant:
YOU ARE SUMMONED and required to file an answer to the complaint in this case, a copy of which is

hereto attached, or otherwise file your appearance, and pay the required fee, in the office of the Clerk of this Court at
the following Location:

IX} Richard J. Daley Center, 50 W. Washington, Room 801 . Chicago, I\linois 60602

[1 District 2 - Skokie C1 District 3 - Rolling Meadows (1) District 4 - Maywood
5600 Old Orchard Rd. 2121 Euctid 1500 Maybrook Ave.
Skokie, IL 60077 RolLing Meadows, IL 60008 Maywood, IL 60153

{3 District 5 - Bridgeview C3) District 6 - Markham
10220 S. 7th Ave. 16501 S. Kedzie Pkwy,
Bridgeview, Il 604655 Markham, IL 60426

You must file within 30 days after service of this sumtons, not counting\ie Prvice.

IF YOU FATL TO DO SO, A JUDGMENT BY DEFAULT MAY BE ENTERED AGAINST YOU FOR BERRY ReovEstED IN THE COMPLAINT,
To the officer:

This summons mst be returned by the officer or other person to whom it was given for service, with
endorsement of service and fees, if any, immediately after service. If service cannot be nade, - this summons shall
be returned go endorsed. This summons may not be served (eter then 30 days after in pate

=

mes

S

Atty. No. :_36495. WITNESS,
Nane:___Reginald J. Hitt

Atty. for: Plaintift

Address:_19 $, taalle St.. Suite 1602

City/state/zips__ Chiceuo, IL 60603 Date of service:

Telephones, §3129236-3672, (To be inserted by officer of copy cose ith defendant

or othet person)

**Service by Facsimile Transmission wilt be accepted at:

(Area Code) (Facsimile Telephone Number)

DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLI

A

GADBayoone, MH. J,

Pla MoT vans cc icht oe

EXHIBIT



tau 1 ye, L11G0X -® . Page 1 of 2

‘ «

. oy
People & Chat sum ont ea

Ima [Woman =]
seekings jMan i

Go

+: Home “| Inbox ° |." Compose. |. . Address scot | Options Heip Calendar

jctoney@hotmail.com

Search w

Previous Next | Close

From : “Chris Twarowski” <admin@ariamodel.com>.
To + <ICTONEY@HOTMAIL.COM>

_ Subject : IMAGE.
Date : Tue, 9 Oct 2001 15:57:19 -0500
Attachment : KIRSTENJACKSON.IPG (305k)
reply] Reply au} [Forward] | Delete |[Putin Folder... q Printer Friendly Version

stad by tamilies for
fitfon and moisturize the hai
end:Scalp. tira Shean® is the
n canditicniag
hair dress in America consisting ot
igingl. tight, Mair Food, Extra Ory.
‘and most recently, Ant lich and
’ G Natura farumelas. *

ees have a tried arid

Notice: Attachments are automatically scanned for viruses using
Fchick Here

TRepiy] Reply all] i forward) / Delete)

5

http://pv1 fd. pav1.hotmail.msn.com/cgi- 0000000 1&a=17a96fF5 edd? = 1N/GINI


Civil moves | Sheet Cc Af ~ Page 1 of 1
ITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

Civil Cover Sheet 0O2C 2 00 2

This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United States in September
1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The information
contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required by law. This form is

authorized for use only in the Northern District of Illinois. rn
JUDGE RONALD GUZMAN

Defendant(s):L'Oreal USA, Inc. The Wella

Plaintiff(s): June Toney Corporation Wella Personal Care of North America
County of Residence: County of Residence: MA
Plaintiff's Atty: Reginald J. Hill; Elizabeth. Defendant's Atty: GISTRATE JUDGE LEV

Darko See Att
RJ. Hill & Associates te WETED
19S. LaSalle Street, Suite 1402, DOCK:

Chicago, Illinois 60603
312-236-3672 APR 29 2002

IL. Basis of Jurisdiction: 3. Federal Question (U.S. not a party)

IIL. Citizenship of Principal
Parties (Diversity Cases Only)

Plaintiff:- N/A
Defendant:- N/A

IV. Origin : 2. Removed From State Court
V. Nature of Suit: 840 Trademark
VI.Cause of Action: 15 U.S.C. 1125(a), claim of unfair competition; supplemental jurisdiction

over Illinois Right of Publicity Act claim, 765 ILCS 1075/1.

VII. Requested in Complaint
Class Action: No
Dollar Demand: None
Jury Demand: No

VIII. This case IS NOT a refiling of a previously dismissed case.

Date: YR 6/02. i

If any of this information is incorrect, please go back to the Civil Cover Sheet Input form using the Back button in your browser‘and change it. Once correct,
print this form, sign and date it and submit it with your new civil action. Note: You may need to adjust the font size in your browser

display to make the form print properly. Revised: 06/28/00



9. L’Oreal and Wella have given written notice of the filing of this Notice of
Removal to all attorneys of record and to the Clerk of the Circuit Court of Cook County, Illinois.

WHEREFORE, Defendants L’Oreal USA, Inc., The Wella Corporation, and Wella
Personal Care of North America, hereby give notice of removal of the above-referenced action
now pending in Circuit Court of Cook County, Illinois to the United States District Court for the

Northern District of Illinois, Eastern Division.

Dated April 26, 2002

Respectfully submitted, Respectfully submitted,
L’OREAL USA, INC. THE WELLA CORPORATION AND
WELLA PERSONAL CARE OF
NORTH AMERICA
By: Si DD be 2) Ln
One of Its Attorneys One of Its Attornefs”
John S. Letchinger, Esq. (6207361) Daniel M. Feeney, Esq. (06224893)
Joshua L. Smith, Esq. (6238128) MILLER SHAKMAN & HAMILTON
WILDMAN, HARROLD, 208 S. LaSalle Street
ALLEN & DIXON Suite 1100
225 West Wacker Drive Chicago, Illinois 60604
Chicago, Illinois 60606-1229 (312) 263-3700
(312) 201-2000 ; Attorneys for Defendants The Wella
Attorneys for Defendant L’Oreal USA, Inc. Corporation and Wella Personal Care of North
America


2. On March 28, 2002, Wella was served with a Summons and Complaint filed in
the Circuit Court of Cook County, Illinois in an action entitled June Toney vs. L’Oreal USA, Inc.,
The Wella Corporation, and Wella Personal Care of North America, Case Number 02 L 003446.

3. This Notice of Removal is brought pursuant to 28 U.S.C. §§ 1441 and 1446. This
Court has jurisdiction pursuant to 28 U.S.C. § 1331 on the basis that there is federal question
jurisdiction related to plaintiff's claim brought pursuant to the “U.S. laws of unfair competition,
15 U.S.C. § 1125(a).” Complaint {[ 23.

4, The District Court has original jurisdiction over plaintiff's unfair competition
count pursuant to 28 U.S.C. § 1331, as it is a claim that arises under Trademark Act of 1946, as
amended (“Lanham Act”), a law of the United States.

5. Furthermore, Section 39(a) of the Lanham Act, 15 U.S.C. 1121(a), provides, in
pertinent part: “The district and territorial courts of the United States shall have original
jurisdiction . . . of all actions arising under this Act, without regard to the amount in controversy
or to diversity or lack of diversity of the citizenship of the parties.”

6. The United States District Court for the Northern District of Illinois, Eastern
Division, is the appropriate court for filing this Notice of Removal from the Circuit Court of
Cook County, Illinois, because it is the district where the state court action is pending and where
it is alleged that the damages occurred.

7. This Notice of Removal is timely because it was filed within thirty days of
L’Oreal’s and Wella’s receipt of Plaintiffs Summons and Complaint.

8. All defendants who have been named and served with Complaint and Summons
have joined in the removal of this Action to the United States District Court for the Northern

|
District of Illinois, Eastern Division, as is evidenced by the signatures of their gounsel.


EXHIBIT

Poo


CERTIFICATE OF SERVICE
I, Joshua L. Smith, an attorney, state that I have served a copy of the foregoing Notice of
Removal to all counsel of record by depositing a copy of same in the United States Mail at 225

West Wacker Drive, Chicago, Illinois 60606, properly addressed with the proper prepaid postage

pede

Joshua L. Smith

affixed thereto this 26th day of April, 2002.