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Michelle H. Swann – 019819 

SCHNEIDER & ONOFRY, P.C. 

3101 N. Central Avenue, Suite 600 

Phoenix, AZ 85012-2658 

 Telephone: (602) 200-1287 

Fax: (602) 230-8985 

E-mail: minute-entries@soarizonalaw.com mswann@soarizonalaw.com 

Attorneys for Plaintiff 

IN THE UNITED STATES DISTRICT COURT 

IN AND FOR THE DISTRICT OF ARIZONA 

Best Western International, Inc., an 

Arizona non-profit corporation, 

 Plaintiff, 

vs. 

Pentagon Investment Group, LLC, a 

Maryland limited liability company; and 

Katie D. Dang, an individual, 

 Defendants. 

No. 

Verified Complaint 

Plaintiff Best Western International, Inc. (“Best Western”), for its Complaint against 

Defendants Pentagon Investment Group, LLC, a Maryland limited liability company 

(“Pentagon”), and Katie D. Dang, an individual (“Dang”), alleges as follows: 

NATURE OF THE ACTION

 1. This is an action for injunctive relief, breach of contract, federal trademark 

infringement, and unfair competition under the Trademark Act of 1946, as amended (the 

Lanham Act, 15 U.S.C. §§ 1051 et seq.), and related common law and Arizona statutory 

causes of action arising from Defendants’ refusal to remove a curvilinear sign cabinet as 

required by the Membership Application and Agreement that they signed with Best 

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Western International, Inc. and Defendants’ refusal to cease and desist their unauthorized 

use of Best Western’s trade name, trademarks, service marks, logos, and other intellectual 

property and similar identifying symbols (the “Best Western Symbols”) in violation of 

Best Western’s federal and common law trademark rights. 

THE PARTIES, JURISDICTION, AND VENUE

 2. Plaintiff Best Western is a non-profit corporation organized under the laws of 

the State of Arizona with its headquarters located in Phoenix, Arizona. 

 3. Defendant Pentagon is a Maryland limited liability company with its 

principal place of business in Maryland and it executed the parties’ Membership 

Application and Agreement as the owner of the hotel property at issue. 

 4. Defendant Dang is an individual, believed to be a resident of Maryland, who 

was designated as the Voting Member for Defendants’ Best Western membership. 

 5. This Court has jurisdiction over the claims and venue is proper pursuant to 

A.R.S. § 12-401 because: (1) there are no matters pending between the parties in any other 

jurisdiction; (2) Best Western is an Arizona non-profit corporation with its principal place 

of business in Phoenix, and its witnesses are either located in Phoenix or available in 

Phoenix; and (3) Defendants executed a contract that contained a forum selection clause 

requiring all disputes arising from that contract be resolved by an Arizona state or federal 

court. 

 6. The exercise of personal jurisdiction over Defendants by this Court is proper 

pursuant to and because, among other reasons, the Defendants expressly contractually 

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agreed to litigate all disputes with Best Western arising from or related to Best Western’s 

Membership Application and Agreement executed by Defendant Pentagon on or about July 

15, 2009, and or any relationship between the parties, in the Arizona state or federal court 

located in Maricopa County, Arizona. A copy of the Membership Agreement is attached 

as Exhibit 1. 

 7. The exercise of personal jurisdiction over Defendants by this Court is proper 

because Defendants have caused events to occur, and injuries to result, in the State of 

Arizona, and Defendants aimed their conduct at Best Western, knowing that Best Western 

is located in Arizona, and harming Best Western in Arizona. 

GENERAL ALLEGATIONS

 8. Best Western operates as a membership organization consisting of 

individually owned and operated hotels (i.e., its members). The rights and obligations of 

Best Western’s members are determined by the membership and are set forth in the 

Membership Application and Agreement (“Membership Agreement”) and in Best 

Western’s Bylaws and Best Western’s Rules and Regulations (the “Regulatory 

Documents”). 

 9. Best Western provides its members with a worldwide reservation system and 

worldwide marketing campaigns, as well as an option to participate in collective 

purchasing of hotel equipment, furnishings, and supplies (the “Best Western Services”). 

Best Western employs a large number of employees worldwide who are dedicated to 

providing member hotels with the Best Western Services. 

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 10. Each Best Western member is authorized to use the Best Western trade 

Symbols and other intellectual property (the “Best Western Symbols”) in connection with 

its hotel pursuant to a limited, non-exclusive license (the “Best Western License”), which 

is set forth in the Membership Agreement. See Membership Agreement at ¶¶ 1, 19-26. 

11. Best Western first adopted “Best Western” as its trade name in 1947. Shortly 

thereafter, Best Western adopted and began using “Best Western” as a trademark 

identifying hotel services provided by member hotels affiliated with Best Western. Best 

Western has continuously and extensively promoted its trade name and trademark in 

interstate commerce since 1947. As a result of this extensive promotion, the trade name 

and trademark have become famous among consumers as a source-identifying symbol. 

 12. Since 1959, Best Western has registered with the United States Patent and 

Trademark Office (“USPTO”) various trademarks, service marks, and collective 

membership marks. On April 14, 1959, the Best Western logo was first registered as a 

service mark by the USPTO under Registration No. 677,103. Best Western has developed 

the Best Western Symbols at great expense over the past decades. 

 13. Best Western owns the following registrations for the Best Western Symbols 

and the marks referenced in these registrations: 

 (a) a Best Western logo was registered as a collective membership mark 

by the USPTO on June 8, 1971, under Registration No. 914,812, which was registered to 

Western Motels, Inc., but assigned to Best Western International, Inc. in 1979, and is still 

active; 

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 (b) a Best Western logo was registered as a service mark by the USPTO 

on June 8, 1971, under Registration No. 914,813, which was registered to Western Motels, 

Inc., but assigned to Best Western International, Inc. in 1979, and is still active; 

 (c) a Best Western logo was registered as a service mark by the USPTO 

on August 30, 1977, under Registration No. 1,072,360; 

 (d) a Best Western logo was registered as a collective membership mark 

by the USPTO on September 27, 1977, under Registration No. 1,074,300 to Best Western, 

Inc. and assigned to Best Western International, Inc. in 1979, and is still active; 

 (e) the Best Western word mark was registered by the USPTO as a 

service mark on February 3, 1987, under Registration No. 1,427,735; 

 (f) the Best Western word mark was registered by the USPTO as a 

collective service mark on March 10, 1987, under Registration No. 1,432,431; 

 (g) the Best Western crown logo design was registered by the USPTO as 

a service mark on December 6, 1988, under Registration No. 1,515,712; 

 (h) Best Western’s current logo was registered by the USPTO as a 

trademark on June 20, 1995, under Registration No. 1,900,620; 

 (i) Best Western’s current logo was registered by the USPTO as a service 

mark on November 7, 1995, as Registration No. 1,933,830; 

 (j) Best Western’s current logo was registered by the USPTO as a service 

mark on November 25, 1997, as Registration No. 2,116,079; 

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 (k) Best Western’s current logo was registered by the USPTO as a service 

mark on October 14, 1997, as Registration No. 2,105,546; 

 (l) Best Western’s current logo was registered by the USPTO as a service 

mark on March 3, 1998, as Registration No. 2,140,332; 

 (m) the Best Western globe and pillow logo design was registered by the 

USPTO as a service mark on December 24, 2002, as Registration No. 2,665,955; 

 (n) the BEST WESTERN word mark was registered by the USPTO as a 

service mark on August 3, 2004, under Registration No. 2,869,617; 

 (o) the BESTWESTERN.COM word mark was registered by the USPTO 

as a service mark on April 19, 2005, under Registration Nos. 3,107,814, 3,080,655 and 

3,083,667; 

 (p) BW was registered by the USPTO as a service mark on November 29, 

2005, under Registration No. 3,020,526; and 

 (q) Best Western has registered a variety of other designs and phrases as 

service marks in connection with the trade of hotel and motel lodging, many of which 

incorporate the words BEST WESTERN. 

 14. All of the registrations described above are currently in full force and effect, 

unrevoked, and uncanceled. Several of the above listed federal registrations for the Best 

Western word mark and logo have become incontestable under 15 U.S.C. § 1065. 

 15. The Best Western Symbols are inherently distinctive and possess strong 

secondary meaning. 

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 16. In exchange for receiving the Best Western Services and the Best Western 

License, Best Western members are obligated to, among other things, pay yearly 

membership fees, dues and other assessments. 

 17. Upon default by a member of certain of its obligations to Best Western, 

including obligations set forth in the Membership Agreement and Regulatory Documents, 

the Best Western Board of Directors may terminate the membership and the Best Western 

License. A Best Western member may also self-terminate the Best Western membership 

and the Best Western License. 

 18. The Membership Agreement and the Regulatory Documents establish the 

minimum standard scores that each member must meet in order to achieve and maintain 

membership. As a result, consumers worldwide associate Best Western Symbols with high 

quality in the hotel/motel industry. 

 19. A key element of Best Western’s branding effort is the display of the Best 

Western Symbols on the premises of member hotels through signs, publications, and other 

public displays. 

 20. Within 15 days following the termination of membership, the former member 

must cease and desist from using, and remove from public view, all Best Western Symbols 

and all references to Best Western. The former member is also required to cease and desist 

from using any item that is similar to the Best Western Symbols in spelling, sound, 

appearance, or in any other matter. 

 

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 21. Upon termination of the Best Western License, the former member(s) must 

“actively take such steps as may be necessary to cause the cessation of all advertising and 

distribution of promotional material containing any Best Western Symbol.” See 

Membership Agreement at ¶ 22. 

 22. Best Western does not authorize non-Best Western members to utilize the 

Best Western Symbols. 

 23. Best Western’s Regulatory Documents state that: 

Upon termination or cancellation of Membership, the former 

Best Western member shall remove the Best Western sign . . . . 

When the sign cabinet is removed, it must be destroyed or 

modified so that the top of the cabinet has no curvilinear 

features . . . . The cost of removal of Best Western 

identification upon termination or cancellation shall be the 

responsibility of the former Member. 

See Rules and Regulations, Section 300.6, attached here as Exhibit 2 (emphasis added). 

DEFENDANTS’ BEST WESTERN MEMBERSHIP 

 24. On or about July 15, 2009, Defendant Pentagon executed the Membership 

Agreement and identified itself as the owner of the (former Best Western) Envy Hotel 

located at 22 E. Fayette St., Baltimore, Maryland 21202, which is referenced in Best 

Western’s records as property T-21053 (the “Hotel”). 

 25. Upon Best Western’s approval of the Membership Agreement, Defendant 

Pentagon and the designated Voting Member were jointly bound by the Membership 

Agreement and Regulatory Documents. 

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 26. On or about May 10, 2013, Defendant Dang was appointed as the Voting 

Member through an Application for Change in Voting Member. A copy of the Application 

for Change in Voting Member is attached as Exhibit 3. 

 27. By executing the Application for Change in Voting Member, Defendant 

Dang affirmed that she understood and agreed to the terms of the Membership Application 

and Agreement, to meet Best Western membership requirements, and to be personally 

liable for the responsibilities of the Best Western affiliation, including the Membership 

Agreement and the Regulatory Documents. Id. 

 28. Defendant Dang and Defendant Pentagon are jointly bound by the 

Membership Agreement and Regulatory Documents. 

 29. On or about November 5, 2014, Best Western, in accordance with the 

provisions of the Membership Agreement and Regulatory Documents, notified Defendants 

that the Best Western membership was terminated effective November 5, 2014. See 

Exhibit 4. 

 30. In light of the membership termination, Defendants were required to 

immediately remove the curvilinear sign cabinets at the Hotel in accordance with Rules 

and Regulations, Section 300.6. 

31. In light of the membership termination, no later than November 20, 2014, 

Defendants were required to: (1) cease and desist from using, and remove from public 

view, all Best Western Symbols and all references to Best Western; (2) cease and desist 

from using any item that is similar to the Best Western Symbols in spelling, sound, 

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appearance, or in any other matter; and (3) “actively take such steps as may be necessary to 

cause the cessation of all advertising and distribution of promotional material containing 

any Best Western Symbol.” 

 32. On or about September 4, 2015, a guest at the Hotel contacted Best Western 

to express dissatisfaction with the Hotel and informed Best Western that as of August 25, 

2015, Defendants were still representing the Hotel as a Best Western Member. See Exhibit 

5. 

 33. On September 4, 2015, a Best Western representative observed that 

Defendants had not removed or altered the curvilinear sign cabinet at the Hotel as required 

by the Membership Agreement and Regulatory documents, despite the obligation to 

remove the sign cabinet as of November 20, 2014. See Exhibit 6. 

 34. On September 4, 2015, a Best Western representative observed Best 

Western’s famous logo in use in guest rooms at Defendants’ Hotel, in violation of the 

Membership Agreement. Id.

COUNT I – BREACH OF CONTRACT; POST TERMINATION USE OF 

TRADEMARKS 

 35. Best Western incorporates by reference the allegations contained in 

paragraphs 1 through 34 above as though fully set forth herein. 

 36. Defendants’ refusal to remove the Best Western famous curvilinear sign 

cabinet by November 20, 2014 breached their obligations under the Membership 

Agreement and Regulatory Documents. 

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 37. Defendants’ refusal to cease and desist from using, and remove from public 

view, all Best Western Symbols and all references to Best Western at the Hotel and to 

“actively take such steps as may be necessary to cause the cessation of all advertising and 

distribution of promotional material containing any Best Western Symbol” by November 

20, 2014 breached their obligations under the Membership Agreement. 

38. Pursuant to the express terms of the Membership Agreement, Defendants 

were obligated to remove from public view and to cease all use of the Best Western 

Symbols at the Hotel, including in the advertisements for the Hotel within fifteen (15) days 

after termination, and to cease and desist from making any representation, directly or 

indirectly, that the Hotel was formerly affiliated with Best Western. 

39. Defendants continued to use the Best Western Symbols more than fifteen 

(15) days after the License terminated. 

40. Pursuant to the express terms of the Membership Agreement, Defendants 

were to “actively take such steps as may be necessary to cause the cessation of all 

advertising and distribution of promotional material containing any Best Western Symbol.” 

41. Despite their contract obligations, as of September 4, 2015, Defendants are 

still using Best Western Symbols in public view at the Hotel. 

42. Paragraph 24 of the Membership Agreement provides for liquidated damages 

where, as here, a former member continues to use the Best Western Symbols in connection 

with the hotel properties for more than fifteen (15) days following the termination of their 

Best Western membership and the Best Western License. The amount of liquidated 

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damages is equal to fifteen percent (15%) of the mean of the hotel property’s room rates 

per day, multiplied by the total number of rooms for every day that a former member 

continues to use the Best Western Symbols beyond the fifteen-day period. 

43. Beginning November 21, 2014, Defendants owe $613.13 per day for each 

day they are unlawfully using the Best Western Symbols at the Hotel property. 

44. The liquidated damages calculations are based on the Hotel’s information 

regarding daily rates and total number of rooms. Copies of the Marketing Statistics Report 

showing the Average Daily Rates (ADR) for the hotel property and the Best Western 

Account Information Computer Screen, showing the number of units for the hotel, are 

attached as Exhibit 7. 

 45. Pursuant to the Membership Agreement, and A.R.S. §§ 12-341 and 12-

341.01, Best Western is entitled to recover the attorneys’ fees and costs incurred in 

pursuing this action. 

 46. Defendants’ acts complained of have damaged Best Western irreparably. 

Monetary damages will not afford full and adequate relief for all of Best Western’s injuries 

resulting from Defendants’ conduct, including harm to Best Western’s goodwill and 

reputation in the marketplace that money cannot sufficiently compensate. Best Western is, 

therefore, requesting and entitled to a preliminary and permanent injunction restraining 

and: (1) enjoining Defendants and their respective officers, members, agents, servants, 

employees, and any other persons or entities acting on behalf of or in concert with 

Defendants from using the Best Western Symbols or any colorable imitation thereof, in 

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connection with the promotion and advertisement without Best Western’s authorization; 

and (2) compelling Defendants to remove the curvilinear sign cabinet and destroy the 

cabinet or to alter the curvilinear sign cabinet to remove the curvilinear feature at the top of 

the sign cabinet. 

COUNT II – FEDERAL TRADEMARK INFRINGEMENT 

(15 U.S.C. § 1114(1)) 

 47. Best Western incorporates by reference the allegations contained in 

paragraphs 1 through 46 as though fully set forth herein. 

 48. Defendants have failed to cease and desist from the use of the federally 

registered Best Western Symbols in connection with the Hotel. 

 49. Defendants’ actions complained of have at all times been without Best 

Western’s consent, and their acts constitute infringement of the federally registered Best 

Western Symbols in violation of 15 U.S.C. § 1114(1). 

 50. Defendants’ acts complained of have damaged Best Western irreparably. 

Monetary damages will not afford full and adequate relief for all of Best Western’s injuries 

resulting from Defendants’ conduct. Such injuries include harm to Best Western’s 

goodwill and reputation in the marketplace that money cannot sufficiently compensate. 

 51. Best Western is, therefore, requesting and entitled to a preliminary and 

permanent injunction restraining and enjoining Defendants and their respective officers, 

members, agents, servants, employees, and any other persons or entities acting on behalf of 

or in concert with Defendants, from using the Best Western Symbols or any colorable 

imitation thereof, in connection with the promotion, advertisement, and sale of goods and 

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services without Best Western’s authorization, pursuant to 15 U.S.C. § 1116. 

 52. Defendants’ infringement is willful, and Best Western is entitled to recover 

all damages sustained as a result of the unlawful conduct, including three times 

Defendants’ profits and Best Western’s damages, as well as the costs of this suit and 

attorneys’ fees, pursuant to 15 U.S.C. § 1117. 

COUNT III – FALSE DESIGNATION OF ORIGIN AND UNFAIR COMPETITION 

(U.S.C. § 1125(a)) 

 53. Best Western incorporates by reference the allegations contained in 

paragraphs 1 through 52 above as though fully set forth herein. 

 54. The unauthorized use of the Best Western Symbols is likely to cause the 

public to believe, erroneously, that the non-member Hotel and associated services are 

sponsored by, endorsed by, or associated with Best Western. 

 55. Defendants’ operation and competition with Best Western through 

infringement of the federally registered Best Western Symbols in connection with the 

Hotel constitutes a false designation of origin and unfair competition under 15 U.S.C. § 

1125(a). 

 56. Defendants have caused Best Western to suffer immediate, irreparable, and 

continuous loss, including injury to its goodwill and reputation. 

 57. Upon information and belief, Defendants have undertaken the acts 

complained of herein willfully and with the intent to cause confusion, mistake, and 

deception on the part of the public. 

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 58. If Defendants are using the Best Western Symbols unlawfully, unless 

restrained by this Court, they will continue to commit the foregoing acts of unfair 

competition. 

 59. Defendants’ acts complained of have damaged Best Western irreparably. 

Monetary damages will not afford full and adequate relief for all of Best Western’s injuries 

resulting from Defendants’ conduct. Such injuries include harm to Best Western’s 

goodwill and reputation in the marketplace that money cannot sufficiently compensate. 

 60. Best Western is, therefore, requesting and entitled to a preliminary and 

permanent injunction restraining and enjoining Defendants and their respective officers, 

members, agents, servants, employees, and any other persons or entities acting on behalf of 

or in concert with Defendants, from using the Best Western Symbols or any colorable 

imitation thereof, in connection with the promotion, advertisement, and sale of goods and 

services without Best Western’s authorization, pursuant to 15 U.S.C. § 1116. 

 61. Defendants’ acts of unfair competition are willful and entitle Best Western to 

recover damages, attorneys’ fees, and costs pursuant to 15 U.S.C. § 1117 

COUNT IV – FEDERAL TRADEMARK DILUTION – (15 U.S.C. § 1125(c))

 62. Best Western incorporates by reference the allegations contained in 

paragraphs 1 through 61 above as though fully set forth herein. 

 63. Best Western has advertised and publicized the Best Western Symbols 

extensively for decades throughout the United States, including the State of Arizona. As a 

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result of their inherent distinctiveness and extraordinarily widespread use, the Best 

Western Symbols have acquired a high degree of recognition and fame for hotel services. 

 64. Defendants’ unauthorized, post-termination use of “Best Western” on signs 

at the property and the curvilinear sign cabinet shape for their logo is likely to cause 

dilution of the distinctive quality of the Best Western Symbols. 

 65. Upon information and belief, Defendants have committed the acts 

complained of herein willfully and with the intent to trade on Best Western’s reputation 

and/or to cause dilution of Best Western’s famous Symbols. 

 66. Defendants’ acts complained of have damaged Best Western irreparably. 

Monetary damages will not afford full and adequate relief for all of Best Western’s injuries 

resulting from Defendants’ conduct. Such injuries include harm to Best Western’s 

goodwill and reputation in the marketplace that money cannot sufficiently compensate. 

Best Western is, therefore, requesting and entitled to a preliminary and permanent 

injunction restraining and enjoining Defendants and their respective officers, members, 

agents, servants, employees, and any other persons or entities acting on behalf of or in 

concert with Defendants, from using the Best Western Symbols or any colorable imitation 

thereof, in connection with the promotion, advertisement, and sale of goods and services 

without Best Western’s authorization, pursuant to 15 U.S.C. § 1116. 

 67. Defendants’ acts of unfair competition are willful and entitle Best Western to 

recover damages, attorneys’ fees, and costs pursuant to 15 U.S.C. § 1117. 

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COUNT V – UNFAIR COMPETITION – ARIZONA LAW

 68. Best Western incorporates by reference the allegations contained in 

paragraphs 1 through 67 above as though fully set forth herein. 

 69. Defendants’ acts complained of herein constitute unfair competition under 

the laws of the State of Arizona. 

 70. Defendants have been unjustly enriched and have damaged Best Western’s 

business, reputation, and goodwill. 

 71. Upon information and belief, Defendants’ acts complained of herein were 

intentional, wanton, willful, guided by an evil hand and mind, and committed in bad faith 

and with the intent to confuse and deceive the public. 

 72. Defendants’ acts complained of herein have caused Best Western irreparable 

harm for which there is no adequate remedy at law. 

COUNT VI – TRADEMARK DILUTION UNDER ARIZONA LAW - 

(A.R.S. § 44-1448.01)

 73. Best Western incorporates by reference the allegations contained in 

paragraphs 1 through 72 above as though fully set forth herein. 

 74. The Best Western Symbols are famous within the State of Arizona, and 

became famous in Arizona long before Defendants began using the marks. 

 75. Defendants’ acts complained of herein constitute commercial use of a mark 

or trade name that is likely to cause dilution of the distinctive quality of the famous Best 

Western Symbols. 

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 76. Defendants have undertaken these acts willfully and with the intent to trade 

on Best Western’s reputation or to cause dilution of the Best Western Symbols. 

 77. Defendants’ acts complained of herein caused, or are likely to cause, dilution 

to the famous Best Western Symbols in violation of A.R.S. § 44-1448.01. 

 78. Defendants’ acts complained of herein have caused irreparable harm and 

injury to Best Western’s famous Best Western Symbols, business reputation, and goodwill 

for which there is no adequate remedy at law. 

COUNT VII – TRADEMARK INFRINGEMENT UNDER ARIZONA LAW - 

(A.R.S. § 44-1451)

 79. Best Western incorporates by reference the allegations contained in 

paragraphs 1 through 78 above as though fully set forth herein. 

 80. The Best Western Symbols are famous within the State of Arizona, and 

became famous in Arizona long before Defendants began using the marks. 

 81. Defendants’ acts complained of herein constitute commercial use of a mark 

or trade name and trademark infringement based on Arizona registered Trademark No. 

51370 in violation of A.R.S. § 44-1451. 

 82. Upon information and belief, Defendants have undertaken these acts willfully 

and with the intent to trade on Best Western’s reputation and to cause confusion, mistake, 

and deception on the public. 

 83. Defendants’ acts complained of herein have caused irreparable harm and 

injury to Best Western’s famous Best Western Symbols, business reputation, and goodwill 

for which there is no adequate remedy at law. 

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 COUNT VIII – COMMON LAW TRADEMARK INFRINGEMENT

 84. Best Western incorporates by reference the allegations contained in 

paragraphs 1 through 83 above as though fully set forth herein. 

 85. Best Western has common law rights in the Best Western Symbols through 

the use of the marks in commerce, such rights existing long before any use of the marks by 

Defendants. 

 86. Defendants’ acts complained of herein constitute common law infringement 

of the Best Western Symbols. 

 87. Upon information and belief, Defendants have undertaken these acts willfully 

and with the intent to trade on Best Western’s reputation and to cause confusion, mistake, 

and deception on the public. 

 88. Defendants’ acts complained of herein have caused irreparable harm and 

injury to Best Western’s famous Best Western Symbols, business reputation, and goodwill 

for which there is no adequate remedy at law. 

PRAYER FOR RELIEF 

 WHEREFORE, Best Western International, Inc. seeks judgment against 

Defendants, jointly and severally, as follows: 

 A. Liquidated damages for breach of the Best Western Agreement in an amount 

equal to fifteen percent (15%) of the mean of the Hotel’s room rates per day multiplied by 

the total number of rooms beginning November 21, 2014 until Defendants cease and desist 

from the unlawful and unauthorized use of the Best Western Symbols; and beginning 

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November 21, 2014, Defendants owe $613.13 per day for each day the Best Western 

Symbols are unlawfully used. 

 B. Permanent and preliminary injunctive relief ordering Defendants to cause the 

removal of all Best Western Symbols from advertisements and/or signage relating to the 

Hotel, and reimbursement of costs incurred by Best Western to cause the removal of the 

same should Defendants fail to do so (in addition to whatever penalties the Court may 

impose upon Defendants for failing to comply with the Court’s order to remove any 

infringing signs, displays, or items from the Hotel) within ten (10) days of the injunction. 

 C. Injunctive relief ordering Defendants to remove the curvilinear sign cabinet 

and destroy the cabinet or to alter the curvilinear sign cabinet to remove the curvilinear 

feature at the top of the sign cabinet and reimbursement of costs incurred by Best Western 

to cause the removal of the same should Defendants fail to do so (in addition to whatever 

penalties the Court may impose upon Defendants for failing to comply with the Court’s 

order to remove any infringing signs, displays, or items from the Hotel) within ten (10) 

days of the injunction. 

 D. Attorneys’ fees and costs incurred herein against Defendants pursuant to the 

Membership Agreement, A.R.S. §§ 12-341 and 12-341.01. 

 E. An award to Best Western of its damages in an amount to be proven at trial. 

 F. As allowed by law, an award of special exemplary and/or punitive damages 

in an amount to be determined at trial. 

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 G. For such other and further relief as the Court deems just and proper in the 

circumstances. 

Dated this 13th day, October, 2015. 

SCHNEIDER & ONOFRY, P.C. 

By s/Michelle Swann 

Michelle H. Swann 

3101 N. Central Avenue, Suite 600 

Phoenix, Arizona 85012-2658 

Attorneys for Plaintiff 

Case 2:15-cv-02050-NVW Document 1 Filed 10/13/15 Page 21 of 22
I 

1 II VERIFICATION 

2 ii 

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1 STATE OF ARIZONA 

COUNTY OF MARI COP A 

) 

) SS. 

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I, Cheryl Pollack, state as follows: 

I am the Director of Member Care Administration of Best Western 

International, Inc. ("Best Western"). I am authorized by Best Western to execute this 

Verification. I am over the age of 18 and a resident of Maricopa County, Arizona. I have 

read the foregoing Verified Complaint and know its contents. The information contained 

in the foregoing Verified Complaint is true and correct to the best of my knowledge and 

belief. 

Cheryl PoI ack 

The foregoing instrument was acknowledged before me this 

c\iJ bJ,c, 2015, by Cheryl Pollack. 

r ay of 

Notary 

L~~ P@Jlic 

My Commission Expires: 4,'. \ .2,Q / J..;\J\ is" 

® EMILY S. STAHMER 

Nolary Public - Arizona 

Maricopa County 

My Comm. Expires Apr 20, 2018 

Case 2:15-cv-02050-NVW Document 1 Filed 10/13/15 Page 22 of 22