Sie sind auf Seite 1von 22

Case 1:18-cv-02268-WJM-KLM Document 1 Filed 08/31/18 USDC Colorado Page 1 of 15

UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF COLORADO

Civil Action No. 1:18-cv-02268

CARMEN ELECTRA,

Plaintiff,

v.

4842 MORRISON RD. CORP D/B/A THE PLAYERS CLUB a/k/a PLAYERS CLUB; and
TWO FUSES LLC,

Defendants.

COMPLAINT AND JURY DEMAND

Plaintiff, Carmen Electra, by and through her attorneys, BURG SIMPSON ELDREDGE

HERSH & JARDINE, P.C., hereby submits her Complaint and Jury Demand against Defendants,

4842 Morrison Rd. Corp d/b/a/ The Players Club a/k/a Players Club; and Two Fuses LLC., and

alleges and avers as follows:

INTRODUCTION

1. This is an action for damages and other relief arising from the misappropriation,

misuse, and alteration of Plaintiff’s image by Defendants in order to promote their strip club,

Players Club.

2. Defendants use their Players Club website and online social media marketing

platforms to market and advertise the Players Club as being “Denver’s Best Strip Club.”

3. As a means of illustrating their claim as Denver’s “Best Strip Club” and in an

effort to drive traffic and economic and commercial benefits to the Players Club, Defendants
Case 1:18-cv-02268-WJM-KLM Document 1 Filed 08/31/18 USDC Colorado Page 2 of 15

posted pictures of many women on their website and social media platforms, including on

Players Club’s Facebook and Instagram pages.

4. To promote the Players Club, and in furtherance of Defendants’ commercial

benefit, Defendants repeatedly posted, and then maintained, on the Players Club Facebook and

Instagram pages, an image of Plaintiff, Carmen Electra altered to connect her to and associate

her with the Players Club and its events and activities, creating a false impression that Plaintiff

worked at or was affiliated with Players Club, would appear at Players Club events, or endorsed

the Players Club and its events and activities.

5. Carmen Electra is not employed by Players Club, she does not strip or dance at

Players Club, she does not affiliate herself in any way with Players Club or endorse its

promotional activities and events, and she never has.

6. Defendants did not have Carmen Electra’s permission to use her image or likeness

and never asked her for permission to use her image or likeness.

7. Defendants have not compensated Carmen Electra for the use of her image or

likeness for commercial or any other purpose.

8. Defendants knew that their use of Plaintiff’s image and likeness was

unauthorized, and knew that their use of Plaintiff’s image would cause consumer confusion as to

Plaintiff’s sponsorship, approval of, affiliation with, and/or employment at Players Club.

9. Defendants’ unauthorized use of the Plaintiff’s image, likeness, and/or identity, as

described herein, violates section 43 of the Lanham Act, 15 U.S.C. §1125(a).

10. This action seeks all damages as compensation for Defendants’ unlawful

activities, the Defendants’ profits that are attributable to their unlawful use of Carmen Electra’s

2
Case 1:18-cv-02268-WJM-KLM Document 1 Filed 08/31/18 USDC Colorado Page 3 of 15

image, likeness, and identity, treble damages as well as attorney’s fees, all pursuant to statute,

and other such relief as would be fair and just to remedy Defendants’ unlawful acts, and to

ensure that no such violations occur in the future.

PARTIES

11. Plaintiff Carmen Electra is an internationally known iconic and recognizable

talent, actress, model, television personality, and businesswoman, residing in Los Angeles

County, California.

12. Defendant 4842 MORRISON RD. CORP d/b/a The Players Club a/k/a Players

Club, (“Morrison Rd. Corp”) is a Colorado corporation, with a principal place of business and

registered agent at 6710 Federal Blvd. Denver, CO 80221.

13. Defendant Morrison Rd. Corp owns and operates a strip club in Denver,

Colorado, called Players Club.

14. Defendant Two Fuses LLC, (“Two Fuses”) is a Colorado Limited Liability

Company, with a principal place of business and registered agent at 347 Forest Street, Denver

CO 80220.

15. Upon information and belief, Two Fuses is an owner and/or operator of the

Players Club strip club at 6710 Federal Blvd. Denver, CO 80221.

JURISDICTION AND VENUE

16. Jurisdiction in this case is based upon 28 U.S.C. § 1331, because Plaintiff’s

claims arise under 15 U.S.C. § 1125(a)(1) (The Lanham Act).

17. The Court has personal jurisdiction over Defendants by virtue of their presence

and operations in Colorado, their state of creation and their principle place of business, by their

3
Case 1:18-cv-02268-WJM-KLM Document 1 Filed 08/31/18 USDC Colorado Page 4 of 15

transacting business in Colorado, and by virtue of their improper acts and violations of the

Lanham Act in this state, all of which has caused Plaintiff damages, and through regular,

continuous, and systematic contacts with Colorado such that this Court’s exercise of personal

jurisdiction over Defendants is proper, reasonable, and comports with traditional notions of fair

play and substantial justice.

18. Venue is proper in this Court because the Defendants reside in this district,

Defendants are subject to personal jurisdiction in this venue, and this district is where substantial

part of the events or omissions giving rise to the claims stated herein occurred.

GENERAL ALLEGATIONS

Defendants’ Use of Website and Social Media Platforms for Marketing

19. The Defendants coordinate the advertising, marketing and promotional activities

for the Players Club through, among other things, active and dynamic use of the Players Club

website and various coordinated social media promotions through Facebook, Instagram, and

Twitter, (“social media sites”), among others.

20. Defendants’ marketing and promotional activities are publicly accessible through

the World Wide Web, various social media outlets, and affirmative prospect marketing.

21. Defendants further promote the Players Club business by and through the use of

marketing strategies and channels including, but not limited to, the following: the active use of

social media sites such as Instagram with 3,050 followers, Facebook with 8,679 followers, and

Twitter with 984 followers, and website links to Defendants’ social media platforms.

22. At all times relevant to this Complaint, Defendants had actual and exclusive

control over the contents contained within and/or displayed on each of these marketing channels.

4
Case 1:18-cv-02268-WJM-KLM Document 1 Filed 08/31/18 USDC Colorado Page 5 of 15

23. Upon information and belief, Defendants manage, operate and/or control a

“Facebook page” (accessible via the URL: https://www.facebook.com/Players-Club-

100859246626015) through which they promote, endorse, and market their business, solicit

customers, and advertise events for the Players Club strip club, and particularly through the use

of images of women in various stages of undress.

24. Defendants have at all times relevant to this Complaint exercised actual control

over the contents displayed on their Facebook page through their own personal acts of posting

items on the Facebook page, or by expressly permitting and condoning another person(s)’ act of

posting items on the Facebook page.

25. Upon information and belief, Defendants manage, operate and/or control an

“Instagram account” (accessible via the Instagram Social Media Platform: Instagram at

https://www.instagram.com/playersclubdenver/) through which they promote, endorse, and

market their business, solicit customers, and advertise events for the Players Club strip club, and

particularly through the use of images of women in various stages of undress.

26. Defendants have at all times relevant to this Complaint exercised actual control

over the contents displayed on their Instagram account through their own personal acts of posting

items on the account, or by expressly permitting and condoning another person(s)’ act of posting

items on the Instagram account.

27. Upon information and belief, Defendants manage, operate and/or control a

“Twitter profile” (accessible via the Twitter Social Media Platform:

https://twitter.com/PlayersDenver) through which they promote, endorse, and market their

5
Case 1:18-cv-02268-WJM-KLM Document 1 Filed 08/31/18 USDC Colorado Page 6 of 15

business, solicit customers, and advertise events for the Players Club strip club, and particularly

through the use of images of women in various stages of undress.

28. Defendants have at all times relevant to this Complaint exercised actual control

over the contents displayed on their Twitter profile through their own personal acts of posting

items on the Twitter profile, or by expressly permitting and condoning another person(s)’ act of

posting items on the Twitter profile.

29. Upon information and belief, Defendants manage, operate and/or control a

website (accessible via the URL www.playersclubdenver.com), through which they promote,

endorse, and market their business and their social media sites, solicit customers, and advertise

events for the Players Club strip club.

30. The Players Club website identifies the Players Club as being “Denver’s Best

Strip Club.”

31. The Defendants have at all times relevant to this Complaint exercised actual

control over the contents displayed on their website through their own personal acts of posting

items on the website, or by expressly permitting and condoning another person(s)’ act of posting

items on the website.

32. Defendants have used Plaintiff Carmen Electra’s image and likeness in

advertisements and marketing displays on Defendant’s social media accounts, and specifically

Instagram and Facebook, to generate additional revenue, increase sales, and promote the

patronage of the Players Club.

6
Case 1:18-cv-02268-WJM-KLM Document 1 Filed 08/31/18 USDC Colorado Page 7 of 15

Plaintiff Is a Professional Model and Her Images Are Commercially Valuable

33. Carmen Electra, at all times relevant to the claims herein, is a professional model,

actress, recording artist, television personality, and businesswoman who earns her living by, inter

alia, acting, modeling, and selling her image to companies and individuals for the advertisement

of products and services.

34. Carmen Electra earns a living by, inter alia, promoting her image and likeness to

select clients, companies, commercial brands, media, social media and entertainment outlets for

the advertisement of products and services, as well as the promotion of her own reputation and

brand for modeling, acting, hosting, and other opportunities.

35. Carmen Electra’s career in modeling, acting, and private enterprise has value

stemming from the goodwill and reputation she has built, all of which is critical to establishing a

brand, being selected for jobs, and maximizing earnings.

36. Carmen Electra commands substantial sums of money for the licensed

commercial use of her image.

37. A model’s reputation directly impacts the commercial value associated with the

use of ones’ image, likeness, or identity to promote a product or service.

38. Carmen Electra is a professional model in the ordinary course; she seeks to

control the commercial use and dissemination of her image and, thus, actively participates in

vetting and selecting modeling, acting, advertising, brand spokesperson, or hosting engagements.

39. In the modeling industry, reputation is critical; endorsing, promoting, advertising

or marketing the “wrong” product, brand, business, or service, or working in a disreputable

7
Case 1:18-cv-02268-WJM-KLM Document 1 Filed 08/31/18 USDC Colorado Page 8 of 15

industry, can severely impact a model’s career by limiting or foreclosing future modeling or

brand endorsement opportunities.

40. Conversely, association with high-end companies, products, or magazines can

enhance and amplify a model’s earning potential and career opportunities by making a model

more sought after and desirable.

41. As set forth below, Plaintiff Carmen Electra’s image used by the Defendants to

advertise and promote the Players Club has been misappropriated and intentionally altered by or

at the direction of the Defendants without Carmen Electra’s consent for use in their online

marketing scheme designed to promote the Defendants’ Players Club business.

The Misappropriated Image

42. On August 22, 2015, August 28, 2015, August 31, 2015, and September 1, 2015,

without Plaintiff’s knowledge, consent, or authorization, Defendants posted Plaintiff Carmen

Electra’s image and likeness on Defendants’ Instagram and Facebook pages to promote

Defendants’ strip club and an “Amateur Night” event at the Players Club strip club.

43. Attached as Exhibit 1 are copies of Defendants’ use of Carmen Electra’s image

and likeness on their Facebook and Instagram social media sites, which are hereby incorporated

by reference.

44. After Defendants used Carmen Electra’s image on their Facebook and Instagram

sites, Carmen Electra discovered the Defendants’ use of her image and discovered that

Defendants were knowingly and without prior consent using her image.

8
Case 1:18-cv-02268-WJM-KLM Document 1 Filed 08/31/18 USDC Colorado Page 9 of 15

45. Defendants’ use and alteration of Plaintiff Carmen Electra’s image on

Defendants’ social media sites for the Players Club falsely implies that Plaintiff has worked for,

endorsed, or is otherwise affiliated with the Players Club.

46. Defendants’ use was unauthorized and for a commercial purpose to attract

clientele, promote the Players Club, and generate revenue for the Defendants.

47. Plaintiff Carmen Electra is readily identifiable in the misappropriated image and

Defendants could not reasonably believe that Plaintiff Carmen Electra was an employee or agent

of the Defendants or otherwise affiliated with the Defendants or the Players Club.

48. Defendants have never contacted Carmen Electra, either directly or indirectly, to

request permission to use her image, likeness, or identity.

49. Defendants never hired or contracted with Plaintiff Carmen Electra to advertise,

promote, market or endorse the Players Club.

50. Plaintiff Carmen Electra has never been employed by Defendants or contracted

with Defendants to participate in events at the Players Club.

51. Defendants never sought permission or authority to use or alter Plaintiff Carmen

Electra’s image, likeness, or identity to advertise, promote, market or endorse the Players Club.

52. Plaintiff Carmen Electra never gave permission, or assigned, licensed, or

otherwise consented, to Defendants using or altering her image, likeness, or identity to advertise,

promote, market or endorse the Players Club.

53. Defendants neither offered nor paid any remuneration to Plaintiff Carmen Electra

for the unauthorized use of her image, likeness, or identity, including on their social media sites.

9
Case 1:18-cv-02268-WJM-KLM Document 1 Filed 08/31/18 USDC Colorado Page 10 of 15

54. Defendants’ use and alteration of Plaintiff Carmen Electra’s image creates the

false perception that Carmen Electra worked for Players Club, or had consented or agreed to

promote, advertise, market and/or endorse the Players’ Club and its events to the benefit

Defendants’ commercial interests.

FIRST CAUSE OF ACTION

Violation of the Lanham Act, 15 U.S.C. § 1125(a)

55. Plaintiff hereby incorporates by reference each and every allegation set forth in

the foregoing paragraphs as if fully alleged herein.

56. Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), applies to Defendants.

57. Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), protects Plaintiff from the

Defendants’ conduct described herein.

58. Defendants used Plaintiff’s image, likeness and/or identity as described herein

without authority in order to, inter alia, create the perception that the Plaintiff worked at or was

otherwise affiliated with the Players Club, endorsed the Players Club or the Players Club’s

business activities, and/or consented to or authorized Defendants’ or the Players Club’s usage of

her image in order to advertise, promote, and market the Players Club and Defendants’ business

activities.

59. Defendants’ use and alteration of the Plaintiff’s image, likeness and/or identity to

advertise, promote, and market Defendants’ business, the Players Club, and/or the Players Club’s

events and activities as described in this Complaint was false and misleading and a

misrepresentation of fact.

10
Case 1:18-cv-02268-WJM-KLM Document 1 Filed 08/31/18 USDC Colorado Page 11 of 15

60. Defendants’ unauthorized use and alteration of the Plaintiff’s image, likeness

and/or identity as described in this Complaint constitutes false advertising by suggesting or

implying, inter alia, that the Plaintiff worked at or was otherwise affiliated with the Players

Club, endorsed Defendant’s business, the Players Club or the Players Club’s events or activities,

or consented to or authorized Defendants’ or the Players Club’s usage or alteration of her image

in order to advertise, promote, and market Defendants’ business or the Players Club’s events and

activities and/or that the Plaintiff would participate in or appear at the specific event promoted in

the advertisement.

61. Defendants’ false advertising described above has the capacity or tendency to

confuse or deceive consumers, including actual and prospective patrons to the Players Club, as to

the general quality of attendees and participants at the Players Club and in its events, as well as

specifically whether the Plaintiff worked at or was otherwise affiliated or associated with or

connected to the Players Club, endorsed, sponsored, or approved of Defendants’ business, the

Players Club, or the Players Club’s events or activities, or would appear in person at the

Defendant Players Club’s events and activities, and particularly at the specific event promoted in

Defendants’ branding, advertising, and social media posts.

62. Upon information and belief, Defendants’ false and deceptive advertising

described above did, in fact, deceive and/or cause consumer confusion as to whether the Plaintiff

worked at or were otherwise affiliated or associated with or connected to the Players Club,

endorsed, sponsored, or approved of Defendants’ business, the Players Club or the Players

Club’s events and activities, or consented to or authorized Defendants’ or the Players Club’s

usage of her image in order to promote Defendants’ business or the Players Club’s events and

11
Case 1:18-cv-02268-WJM-KLM Document 1 Filed 08/31/18 USDC Colorado Page 12 of 15

activities and particularly at the specific event promoted in the Defendants’ branding,

advertising, and social media posts.

63. Among other things, upon information and belief, such unauthorized use and

alteration of Plaintiff’s image misled and served to entice consumers and prospective consumers

to visit the Players Club and participate in and attend events at the Players Club and had a

material effect and impact on the decision of patrons and prospective patrons to visit Defendants’

business establishment.

64. Defendants’ advertisements, promotions, and marketing of the Players Club and

events at the Players Club occur in and are targeted to interstate commerce. Specifically,

Defendants promote their business and events through interstate promotions and campaigns to

target persons from several different states across the United States. Defendants principally use

the World Wide Web, social media, and other vehicles of interstate commerce to advertise,

market, promote, and entice or lure traffic and patronage to their establishment.

65. Defendants’ unauthorized use of the Plaintiff’s image, likeness, and/or identity as

described herein was designed to benefit Defendants’ commercial and business interests by,

among other things, promoting the Players Club and its activities and attracting clientele to the

Players Club, thereby generating revenue for the Defendants to the detriment of the Plaintiff.

66. Defendants knew or should have known that their unauthorized use of the

Plaintiff’s image, likenesses, and/or identities would cause consumer confusion as described in

this Complaint.

67. Defendants’ unauthorized use and alteration of the Plaintiff’s image, likeness,

and/or identity, as described herein violates 15 U.S.C. §1125(a), and was wrongful.

12
Case 1:18-cv-02268-WJM-KLM Document 1 Filed 08/31/18 USDC Colorado Page 13 of 15

68. Defendants’ wrongful conduct as described herein was willful.

69. Defendants had actual or constructive knowledge of the wrongfulness of their

conduct, acted with intent to deprive the Plaintiff of her interests and rights, and further acted

with actual or constructive knowledge of the high probability that injury or damage would result

to the Plaintiff.

70. The method and manner in which Defendants used and altered the image of the

Plaintiff further evinces that Defendants were aware of and/or consciously disregarded the fact

that the Plaintiff did not consent to Defendants’ use of her image to advertise Defendants’

business.

71. Defendants have caused and will continue to cause irreparable harm and damage

to the Plaintiff, her reputation, and brand by attributing to the Plaintiff her involvement with or

endorsement of the Players Club strip club and Plaintiff’s association with events and activities

relating thereto.

72. Defendants also have damaged the Plaintiff as a direct and proximate result of

their unauthorized use of Plaintiff’s image, likeness, and/or identity without compensating

Plaintiff, thereby entitling Plaintiff to recover in money damages the actual and fair market value

of each misappropriated use of her image and likeness in an amount to be established by proof at

trial.

73. As a further direct and proximate result of Defendants’ conduct as alleged herein,

Defendants have earned and withheld profits attributable directly or indirectly to the unlawful

use of Plaintiff’s image, entitling Plaintiff to disgorgement of those ill-gotten gains in an amount

to be established by proof at trial.

13
Case 1:18-cv-02268-WJM-KLM Document 1 Filed 08/31/18 USDC Colorado Page 14 of 15

74. Defendants’ conduct was purposeful and malicious in that Defendants knowingly

violated Plaintiff’s rights solely to benefit their business, increase profits, and avoid paying

money to legally acquire the right to commercial use of the Plaintiff’s image, and consequently,

exceptional relief is warranted pursuant to 15 U.S.C. §§ 1116, and 1117(a), entitling Plaintiff to

treble damages and reasonable attorneys’ fees.

PRAYOR FOR RELIEF

WHEREFORE, the Plaintiff prays for judgment against the Defendants and each of them

for relief in amounts to be determined at trial, as follows:

1. All damages allowed by 15 U.S.C. §§ 1125, 1116, and 1117, including all actual and

consequential damages sustained by Plaintiff, including all economic damages and

losses, disgorgement of profits attributable to Defendants’ misappropriation of the

Plaintiff’s image and likeness, and well as treble damages and reasonable attorney’s

fees;

2. Pre and post judgment interest;

3. Costs and expenses, including expert fees and costs;

4. For such further and other relief as the Court deems just.

JURY TRIAL DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable.

14
Case 1:18-cv-02268-WJM-KLM Document 1 Filed 08/31/18 USDC Colorado Page 15 of 15

Respectfully submitted this 31st day of August, 2018.

BURG SIMPSON
ELDREGE HERSH & JARDINE, P.C.

(Original signature on file at the offices of Burg


Simpson Eldredge Hersh & Jardine, P.C.)

s/ Steven G. Greenlee
Steven G. Greenlee, Reg. No. 24577
40 Inverness Drive East
Englewood, CO 80112
Phone: 303-792-5595
sgreenlee@burgsimpson.com.

15
Case 1:18-cv-02268-WJM-KLM Document 1-1 Filed 08/31/18 USDC Colorado Page 1 of 1
JS 44 (Rev. 06/17) District of Colorado Form CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
Carmen Electra 4842 Morrison Rd., Corp. d/b/a The Players Club a/k/a Players Club;
and Two Fuses LLC

(b) County of Residence of First Listed Plaintiff Los Angeles County, CA County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Burg Simpson Eldredge Hersh & Jardine, PC, 40 Inverness Drive East,
Englewood, CO 80112; Phone: 303-792-5595

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for
Plaintiff) and One Box for Defendant)
(For Diversity Cases Only)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a 3 3 Foreign Nation 6 6
Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for Nature of Suite Code Descriptions
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC 3729(a))
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 400 State Reapportionment
140 Negotiable Instrument Liability 367 Health Care/ 410 Antitrust
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 430 Banks and Banking
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 450 Commerce
151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 460 Deportation
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent – Abbreviated 470 Racketeer Influenced &
Student Loans 340 Marine Injury Product New Drug Application Corrupt Organizations
(Excl. Veterans) 345 Marine Product Liability LABOR 840 Trademark 480 Consumer Credit
153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards SOCIAL SECURITY 490 Cable/Sat TV
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud Act 861 HIA (1395ff) 850 Securities/Commodities/
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Mgmt. Relations 862 Black Lung (923) Exchange
190 Other Contract Product Liability 380 Other Personal 740 Railway Labor Act 863 DIWC/DIWW (405(g)) 890 Other Statutory Actions
195 Contract Product Liability 360 Other Personal Property Damage 751 Family and Medical 864 SSID Title XVI 891 Agricultural Acts
196 Franchise Injury 385 Property Damage Leave Act 865 RSI (405(g)) 893 Environmental Matters
362 Personal Injury - Product Liability 790 Other Labor Litigation 895 Freedom of Information
Med. Malpractice 791 Employee Retirement Act
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS Income Security Act FEDERAL TAX SUITS 896 Arbitration
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 870 Taxes (U.S. Plaintiff 899 Administrative Procedure
220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) Act/Review or Appeal of
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRS—Third Party Agency Decision
240 Torts to Land 443 Housing/ Sentence 26 USC 7609 950 Constitutionality of
245 Tort Product Liability Accommodations 530 General IMMIGRATION State Statutes
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty 462 Naturalization
Employment Other: A li ti Immigration
465 Other
446 Amer. w/Disabilities - 540 Mandamus & Other Actions
Other 550 Civil Rights
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
5. Transferred from 8. Multidistrict
1. Original 2. Removed from 3. Remanded from 4. Reinstated or another district 6. Multidistrict Litigation –
Proceeding State Court Appellate Court Reopened (specify) Litigation Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
§43 of the Lanham Act, 15 U.S.C. §1125(a).
VI. CAUSE OF ACTION Brief description of cause: AP Docket
Misappropriation of image; false endorsement, false advertising
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER F.R.C.P. 23 JURY DEMAND: Yes No

VIII. RELATED CASE(S) IF ANY (See instructions): JUDGE DOCKET NUMBER


s/Steven G. Greenlee
DATE
8/31/18 SIGNATURE OF ATTORNEY OF RECORD
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE


Case 1:18-cv-02268-WJM-KLM Document 1-2 Filed 08/31/18 USDC Colorado Page 1 of 1

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the
District
__________ of Colorado
District of __________

Carmen Electra )
)
)
)
Plaintiff(s) )
)
v. Civil Action No. 1:18-cv-02268
)
4842 Morrison Rd. Corp. d/b/a The Players Club )
a/k/a Players Club )
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) 4842 Morrison Rd. Corp. d/b/a The Players Club a/k/a Players Club
c/o Registered Agent
6710 Federal Blvd.
Denver, CO 80221

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Steven G. Greenlee
Burg Simpson Eldredge Hersh & Jardine, PC
40 Inverness Drive East
Englewood, CO 80112

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
Case 1:18-cv-02268-WJM-KLM Document 1-3 Filed 08/31/18 USDC Colorado Page 1 of 1

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the
District
__________ of Colorado
District of __________

Carmen Electra )
)
)
)
Plaintiff(s) )
)
v. Civil Action No. 1:18-cv-02268
)
Two Fuses LLC )
)
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) Two Fuses, LLC


c/o Registered Agent
347 Forest Street
Denver, CO 80220

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Steven G. Greenlee
Burg Simpson Eldredge Hersh & Jardine, PC
40 Inverness Drive East
Englewood, CO 80112

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
Case 1:18-cv-02268-WJM-KLM Document 1-4 Filed 08/31/18 USDC Colorado Page 1 of 4

EXHIBIT 1
Case 1:18-cv-02268-WJM-KLM Document 1-4 Filed 08/31/18 USDC Colorado Page 2 of 4
Case 1:18-cv-02268-WJM-KLM Document 1-4 Filed 08/31/18 USDC Colorado Page 3 of 4
Case 1:18-cv-02268-WJM-KLM Document 1-4 Filed 08/31/18 USDC Colorado Page 4 of 4