PooPourri Lawsuit

Case 3:16-cv-00658-N Document 1 Filed 03/08/16
Page 1 of 17 PageID 1
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SCENTSIBLE, LLC d/b/a
POO~POURRI
Plaintiff,
v.
RECKITT BENCKISER LLC
Defendant
CIVIL ACTION NO. ______________

JURY TRIAL DEMANDED
PLAINTIFFS ORIGINAL COMPLAINT

COMES NOW, Plaintiff Scentsible, LLC d/b/a Poo~Pourri (Poo~Pourri) files its
Original Complaint against Reckitt Benckiser LLC (Defendant).
PRELIMINARY STATEMENT
Poo~Pourri is an industry leading creator of a toilet deodorizing line of products (the
Poo~Pourri Products).
Poo~Pourri recently learned that Defendant has introduced a
competing product V.I.Poo and markets it using confusingly similar trademarks and trade
dress. Worse, Defendant slavishly copied Poo~Pourris copyrighted advertising materials,
including its famous Girls Dont Poop video, which was released in 2013, and has now been
viewed over 36 million times on YouTube. Defendant, a distant number two in this market,
hopes to capitalize on Poo~Pourris hard earned success. Such blatant copying of Poo~Pourris
trademarks, trade dress, and advertising materials constitutes unfair competition, passing off,
trademark infringement, and dilution in violation of the LANHAM ACT and Texas law.
Defendants reproduction and distribution of Poo~Pourris copyrighted works constitutes
copyright infringement in violation of Sections 106 and 501 of the COPYRIGHT ACT.

4849-1921-2846
PAGE 1
PARTIES
1.
Plaintiff Poo~Pourri is a limited liability company organized under the laws of the
State of Texas with its principal place of business at 4901 Keller Springs, Suite 106D, Addison,
Texas, 75001.
2.
Defendant Reckitt Benckiser LLC is a limited liability company organized under
the laws of Delaware with its principal place of business at 399 Interpace Parkway, Parsippany,
New Jersey, 07054. Defendant may be served by service upon its registered agent for service of
process, Corporation Service Company d/b/a CSC-Lawyers Incorporating Service Company, 211
E. 7th Street, Suite 620, Austin, Texas 78701-3218.
JURISDICTION AND VENUE
4.
This action arises under the Trademark Laws of the United States, 15 U.S.C.
1051, et seq, and under the COPYRIGHT ACT, 17 U.S.C. 101, et seq. Accordingly, this Court
has federal question jurisdiction over the subject matter of this action under 28 U.S.C. 1331,
1338(a), and 1338(b), and 15 U.S.C. 1121 for the claims arising under the LANHAM ACT and
COPYRIGHT ACT. The Court has original jurisdiction over the state law claims in this action
under 28 U.S.C. 1367(a) and the principles of supplemental jurisdiction.
5.
This Court has personal jurisdiction over Defendant. Defendant is licensed to do
business and in fact does substantial business in Texas. Venue is proper under 28 U.S.C.
1391(b) and (c).
FACTS
6.
Poo~Pourri is an award winning innovator in the toilet deodorizing industry. In
2006, the founder, Suzanne (Suzy) Batiz, invented her first toilet deodorizing product, in what
came to be called the Poo~Pourri line of products, in her kitchen (the Poo~Pourri Products).

4849-1921-2846
PAGE 2
She developed a proprietary formula made up of a blend of essential oils that creates a protective
barrier or film on the water's surface. This barrier is designed to keep unpleasant bathroom odors
from coming into contact with the air. Ms. Batiz developed unique and never-before used means
to demonstrate how her products worked she partially filled a clear bowl with water and
sprayed the product in so the viewer could actually see how the barrier was created and thus how
her product worked (the Clear Bowl Test). She incorporated this into her first presentation to
the home shopping network QVC in 2007. This unique method is but one part of her commercial
presentation of Poo~Pourri Products by which consumers identify the products as emanating
from Poo~Pourri.
7.
In addition to the Clear Bowl Test, Poo~Pourris copyrighted advertisements
include various animated demonstrations of this concept. The first of these images, shown
below, depicts a cut-away of a toilet, a spray bottle representing the Product, and the spray from
the bottle forming a protective layer on the surface of the water in the toilet. The second of these
images depicts how this protective layer prevents the waste in the toilet and the odors from
penetrating the layer. The protective layer depicted on the surface of the water keeps the air
above it fresh, which is typically shown by flowers, leaves, and other brightly colored images
above the surface of the water.

4849-1921-2846
PAGE 3
8.
These illustrations are original works created by Poo~Pourri at significant time
and expense and are protected under the federal COPYRIGHT ACT. Poo~Pourri has registered
these illustrations with the U.S. Copyright Office. See U.S. Registration No. VA-1-961-389
(Spritz Poo 4), effective date of Registration May 12, 2015; U.S. Registration No. VA-1-961390 (Spritz Poo 2), effective date of Registration May 12, 2015; U.S. Registration No. VA-1961-391 (Spritz Poo 1), effective date of Registration May 12, 2015.
9.
In addition, Poo~Pourri has incorporated similar illustrations in a highly
distinctive and popular commercial advertisement called Girls Dont Poop. The Girls Dont
Poop
video
advertisement
may
be
found
at
the
following
web
address:
https://www.youtube.com/watch?v=ZKLnhuzh9uY. The release of this video initially brought

over 6 million viewers to Poo~Pourris website in a day, and has now been viewed over 36
million times on YouTube. Poo~Pourri registered the Girls Dont Poop video with the U.S.
Copyright Office.
See U.S. Registration No. PA-1-867-648, effective date of Registration
October 28, 2013 (together with the copyrighted works identified above, the Poo~Pourri
Advertising).
10.
This Girls Dont Poop video, like the other copyrighted advertisements
identified above, includes an animation demonstrating how the Poo~Pourri Products work. The
first slide of this animation shows a cut-away of a toilet, the spray of the bottle in the water, and
the formation of a protective layer on the surface of the water. The second slide shows a lump of
4849-1921-2846
PAGE 4
waste below the protective layer on the surface of the water, a foul smell emanating from the
waste, which is depicted by cartoonish odor lines, a number of skull-and-cross-bones, and
radiation symbols. The third slide of the animation shows the same lump of waste falling into
the water, the protective layer blocking the odors, and the release of a burst of pleasant aromas
from the surface of the water, depicted by an animated number of yellow, green, and red flowers
and leaves above the surface of the toilet. The video ends by offering an Unconditional Stink
Free Guarantee, which is shown on the screen as the spokeswoman, a woman with a British
accent, presents the brightly colored, yellow bottle to the camera.
11.
In addition to these copyrighted works, Poo~Pourri is the owner of a number of
federally registered trademarks, including KING OF THE THRONE, U.S. Registration No.
4286033; LOO POURRI, U.S. Registration No. 3962564; POO POURRI, U.S. Registration No.
3428805; POO POURRI KING OF THE THRONE, U.S. Registration No. 4426602; POO
POURRI QUEEN OF THE THRONE, U.S. Registration No. 4426603; QUEEN OF THE
THRONE, U.S. Registration No. 4286039; ROYAL FLUSH, U.S. Registration No. 3675070;
SPRAY THE LOO BEFORE NO. 2 AND NO ONE WILL EVER HAVE A CLUE, U.S.
Registration No. 4438852; WHEN THE GLASSES CLINK, DONT RUIN THE PARTY WITH
A STINK, U.S. Registration No. 4539946; and, the POO-POURRI Design Marks, U.S.
Registration No. 3576912 and U.S. Registration No. 3678445 (collectively, the Poo~Pourri
Marks).
12.
Poo~Pourri uses the Poo~Pourri Marks and Advertising in connection with a
highly distinctive trade dress, characterized by its use of brightly colored bottles, lemons and
other citrus fruit, the baroque design of its product labels, and its use of scatological humor on its
product labels, website, and its advertising materials.

4849-1921-2846
The product labels, for example,
PAGE 5
prominently feature a toilet surrounded by baroque garland and a cherub; and the Poo~Pourri
Marks and humorous taglines are typically displayed on scrolls of toilet paper both above and
below the toilet found in the center of the label. Poo~Pourris website carries these same
elements, and prominently features lemons and other citrus fruit to convey the impression of
fresh scents. Poo~Pourri has used these elements and other elements in connection with the
marketing and sale of its products for years, and they have acquired distinctiveness, and are
strongly recognized among consumers as indicating the source of these products (the
Poo~Pourri Trade Dress).
13.
The Poo~Pourri Marks, Poo~Pourri Advertising, and Poo~Pourri Trade Dress are
famous, well-recognized, non-functional, inherently distinctive and/or have acquired

distinctiveness long prior to Defendants use and entrance into the market in connection with its
competing products.
The goodwill associated with the Poo~Pourri Marks, Poo~Pourri
Advertising, and Poo~Pourri Trade Dress are valuable assets to Poo~Pourri. Poo~Pourri has
expended great effort and considerable resources in promoting its Products using the Poo~Pourri
Marks, Advertising, and Trade Dress.
14.
As a result of this widespread and continuous use and promotion, the Poo~Pourri
Marks, Advertising, and Trade Dress have become widely associated with Poo~Pourri; the
Poo~Pourri Marks, Advertising, and Trade Dress identify Poo~Pourri as the source of the goods
offered and represent the valuable goodwill of Poo~Pourri among members of the relevant
consuming public.
Indeed, fourteen of Poo-Pourri's award-winning products have been
recognized by the Good Housekeeping Institute earning the internationally respected Good
Housekeeping Seal. Since 1909, this designation has given consumers peace of mind as a

4849-1921-2846
PAGE 6
testament to a product's quality and is awarded only to goods that have passed rigorous review
and laboratory testing.
15.
On November 9, 2015, Defendant filed an application with the United States
Patent and Trademark Office to register the mark V.I.POO, Serial No. 86/813,962, in
International Classes 3 and 5, for among other things, air freshening preparations and toilet bowl
deodorizers. On February 3, 2016, Defendant filed additional applications with the United States
Patent and Trademark Office to register the following trademarks: (a) KING LEMON, Serial No.
86/895,619; (b) PRINCESS ROSE, Serial No. 86/895,634; (c) PRINCE OF MINT, Serial No.
86/895,644; and (d) QUEEN OF FRUITS, Serial No. 86/895,603.
16.
In February 2016, Poo~Pourri discovered that Defendant created, reproduced, and
published online videos for these products (the Infringing Advertisements). These videos,
which are available in English, French, and Dutch, may be found on YouTube at the following
web addresses:
https://www.youtube.com/watch?v=eN0X4hEx1HQ;
https://www.youtube.com/watch?v=1QaSBuqn0bU;
https://www.youtube.com/watch?v=_VMuuGCg1iE;
https://www.youtube.com/watch?v=kaLePyEkZB0
17.
The Infringing Advertisements mimic Poo~Pourris Girls Dont Poop video,
and copy a number of expressive elements found in Poo~Pourris Advertisements. Among other
things, the Infringing Advertisements slavishly copy the series of animated charts in the
Poo~Pourri Advertisements. For example, and as shown below, the Infringing Advertisements
contain an animated series of charts showing three lumps of waste in a cut-away toilet bowl.
When animated, these charts show the waste, cartoonish lines depicting odor from the waste, the

4849-1921-2846
PAGE 7
protective layer blocking the foul odor, all followed by an animated series of yellow lemons and
green leaves emanating from the toilet.
This same animated series, of course, appears in the Poo~Pourris Girls Dont Poop video, as
well as the other copyrighted works:
18.
In addition, Defendants incorporated the following additional expressive elements
into the Infringing Advertisements, all of which are likely to cause confusion regarding the
source or affiliation of Defendant with Poo~Pourri: Poo~Pourri offers an Unconditional Stink
Free Guarantee, and stamps those words on-screen in its Girls Dont Poop video in the same
frame of as an image of the bottle. Defendant offers an Odor Free Guarantee, and like
Poo~Pourri, stamps the guarantee on-screen in the same frame as its product.
19.
In the video, Defendant also uses a brightly colored yellow bottle with baroque
design characteristics on the label and in the advertisement. The label for Defendants product

4849-1921-2846
PAGE 8
features a toilet bowl, surrounded by a garland of toilet paper, similar to the toilet paper featured
on Poo~Pourris products.
And like the Girls Dont Poop video, the Infringing
Advertisements feature an attractive, female spokesperson with an English accent.

20.
Defendant even incorporates cherubs into the Infringing Advertisement,
mimicking Poo~Pourris product label and its design marks. For example, the first series of
frames in the Infringing Advertisement take place in an ornate bathroom with a cherub sculpture
just above the toilet, which is similar to the design on Poo~Pourris product label:
Later in the Infringing Advertisement, and as shown above, appear a number of animated
lemons. Finally, both Poo~Pourris product labels and Girls Dont Poop video as well as the
Infringing Advertisements use scatological humor and rhyming catch phrases to catch the
consumers attention.
21.
Upon information and belief, Defendant is aware of Poo~Pourris Marks,
Advertisements, and Trade Dress, and is specifically aware of Poo~Pourris famous Girls Dont
Poop video.
Upon review of the Infringing Advertisements and its further investigation,
Poo~Pourri is informed and believes that Defendant reproduced and used Poo~Pourris Girls
Dont Poop advertisement to introduce and market its own product, V.I.Poo, to various retailers.
Upon information and belief, Defendant intentionally copied various expressive elements of
Poo~Pourris Girls Dont Poop advertisement to create its own Infringing Advertisements.

4849-1921-2846
PAGE 9
22.
Defendants use of the Poo~Pourri Marks, Advertising, and Trade Dress in the
Infringing Advertisements and on its product labels is likely to confuse consumers into believing
that its products are made by, sponsored by, connected with, endorsed by or otherwise affiliated
with Poo~Pourri. Further, Defendants use of the Poo~Pourri Marks, Advertising, and Trade
Dress dilutes the strength of Poo~Pourris famous, widely recognized, and distinctive Marks,
Advertising and Trade Dress. This use will substantially harm Poo~Pourris reputation for
quality products. Defendants willful and deceitful acts have and will continue to cause
irreparable harm to Poo~Pourri and its Poo~Pourri Marks.
COUNT ONE
PASSING OFF UNDER THE LANHAM ACT
23.
Poo~Pourri re-alleges and incorporates by reference all of the foregoing
allegations. Defendants conduct described above constitutes federal passing off under the
LANHAM ACT, 15 U.S.C. 1125(a)(1).
24.
Defendants actions have been made with full knowledge of Poo~Pourris rights
and with the intent to trade on Poo~Pourris goodwill in its Marks, Advertising, and Trade Dress,
thus making this an exceptional case under 15 U.S.C. 1117(a).
25.
Further, Defendant intended to, and is likely to, lead the public to conclude,
incorrectly, that Defendants products originate from Poo~Pourri to the damage and harm of
Poo~Pourri. Defendants activities constitute passing off, thus entitling Poo~Pourri to damages,
including Defendants profits from the sale of Defendants products depicted in the Infringing
Advertisements.
26.
As a result of Defendants activities, Defendant has caused and will continue to
cause irreparable harm to Poo~Pourri for which Poo~Pourri has no adequate remedy at law for

4849-1921-2846
PAGE 10
relief from Defendants wrongful conduct. Accordingly, Poo~Pourri is entitled to damages and
injunctive relief.
COUNT TWO
UNFAIR COMPETITION AND TRADE DRESS INFRINGEMENT UNDER THE
LANHAM ACT
27.
Poo~Pourri re-alleges and incorporates by reference all of the foregoing
allegations. Defendants conduct described above constitutes federal unfair competition under
the LANHAM ACT, 15 U.S.C. 1125(a)(1).
28.
Defendants actions have been with full knowledge of Poo~Pourris rights and
with the intent to trade on Poo~Pourris goodwill, thus making this an exceptional case under
15 U.S.C. 1117(a).
29.
Further, the activities of Defendant are intended to, and are likely to, lead the
public to conclude, incorrectly, that Defendant is associated, affiliated with or sponsored by

Poo~Pourri, to the damage and harm of Poo~Pourri. Defendants activities constitute deliberate
infringement of the Marks, Advertising, and Trade Dress in violation of the LANHAM
TRADEMARK ACT, including, but not limited to, 15 U.S.C. 1114(1) & 1125(a), entitling
Poo~Pourri to damages.
30.
injunctive relief.

4849-1921-2846
PAGE 11
COUNT THREE
FEDERAL TRADEMARK INFRINGEMENT
31.
Poo~Pourri re-alleges all of the foregoing facts and allegations. Defendants
conduct described above constitutes trademark infringement under the LANHAM ACT,
15 U.S.C. 1114(1).
32.
The acts of Defendant, as set forth above, constitute use in interstate commerce of
reproductions, copies, and/or colorable imitations of the Poo~Pourri Marks through its use of the
similar marks on a similar product being sold through similar channels of trade.
Further,
Defendants use of marks that are confusingly similar to Poo~Pourris federally registered
Marks in connection with similar goods, within this judicial district and elsewhere, is likely to
cause confusion, cause mistake, and to deceive as to the affiliation, connection, and association
of Poo~Pourri with Defendant.
33.
Further, the activities of Defendant are intended to, and are likely to, lead the
public to conclude, incorrectly, that the infringing uses of the Marks described in this Complaint
that are authorized by Poo~Pourri to the damage and harm of Poo~Pourri. Defendants activities
constitute deliberate infringement of the Poo~Pourri Marks in violation of the LANHAM
TRADEMARK ACT, including, but not limited to, 15 U.S.C. 1114(1), entitling Poo~Pourri to
damages.
34.
injunctive relief.

4849-1921-2846
PAGE 12
COUNT FOUR
DILUTION UNDER TEXAS BUSINESS & COMMERCE CODE 16.29
35.
Poo~Pourri re-alleges and incorporates by reference all of the preceding facts and
allegations. Defendants conduct described above is likely to dilute the distinctiveness of

Poo~Pourris Marks, Advertising, and Trade Dress. Defendant has profited through the dilution
of Poo~Pourris distinctive Marks, Advertising, and Trade Dress.
36.
The activities of Defendant have caused and will continue to cause irreparable
harm to Poo~Pourri for which Poo~Pourri has no adequate remedy at law for relief from
Defendants wrongful conduct.
Accordingly, Poo~Pourri is entitled to damages, including
Defendants trebled profits from the sale of V.I.Poo Product depicted in the Infringing
Advertisements, and injunctive relief.
COUNT FIVE
COMMON LAW UNFAIR COMPETITION
37.
allegations. Defendants actions described above constitute unfair competition under Texas
common law.
38.
As a result of Defendants wrongful conduct, Poo~Pourri is entitled to injunctive
relief and damages to be proven at trial.

COUNT SIX
FEDERAL COPYRIGHT INFRINGEMENT
39.
allegations.
40.
Poo~Pourri owns the following copyrighted works: U.S. Registration No. VA-1-
961-389 (Spritz Poo 4), effective date of Registration May 12, 2015; U.S. Registration No.
VA-1-961-390 (Spritz Poo 2), effective date of Registration May 12, 2015; U.S. Registration
4849-1921-2846
PAGE 13
No. VA-1-961-391 (Spritz Poo 1), effective date of Registration May 12, 2015; and U.S.
Registration No. PA-1-867-648 (Girls Dont Poop), effective date of Registration October 28,
2013 (the Copyrighted Works). As the owner of the copyrights in these Works, Poo~Pourri
has the exclusive right to reproduce them, to distribute them, to publish them, to display them,
and to create derivative works based upon them.
41.
Without Poo~Pourris permission, Defendant reproduced, distributed, published,
and created derivative works based on Poo~Pourris Copyrighted Works, in knowing and willful
violation of Poo~Pourris exclusive rights under the COPYRIGHT ACT, 17 U.S.C. 101, et seq.
42.
Defendants copyright infringement violates the Copyright Act, causes and
threatens irreparable harm to Poo~Pourri, and entitles Poo~Pourri to preliminary and permanent
injunctive relief.
43.
As a direct and proximate result of Defendants copyright infringement,
Poo~Pourri has suffered and will continue to suffer damage to its business, including lost sales
and Defendants profits, in an amount yet to be fully determined, and which it is entitled to
recover. In addition, Poo~Pourri is entitled to statutory damages, enhancements of statutory
damages, costs, and attorneys fees.
REMEDIES INCLUDING INJUNCTIVE RELEIF
44.
Poo~Pourri re-alleges all of the foregoing facts and allegations.
45.
Poo~Pourri is entitled to monetary relief, including, (1) Defendants trebled
profits, (2) trebled damages sustained by Poo~Pourri, (3) statutory damages, and (4) the cost of
this action. See 15 U.S.C. 1117; 17 U.S.C. 504-505; TEX. BUS. & COM. CODE 16.104.
46.
Poo~Pourri also is entitled to injunctive relief under federal and state law. See 15
U.S.C. 1116; 17 U.S.C. 502; TEX. BUS. & COM. CODE 16.103(b). More specifically,

4849-1921-2846
PAGE 14
Poo~Pourri is entitled to a preliminary injunction and permanent injunction against Defendant

and its officers, agents, representatives and any person or entity acting on their behalf or at their
direction from: using the Infringing Advertisements; reproducing, distributing, publishing,
displaying, or creating derivative works substantially similar to Poo~Pourris Copyrighted
Works; or using the Marks, Advertising, Trade Dress or marks or trade dress confusingly similar
to Poo~Pourris Marks, Advertising or Trade Dress.
ATTORNEYS FEES
47.
Poo~Pourri is entitled to an award of attorneys fees under 15 U.S.C. 1117(a),
17 U.S.C. 505, and TEXAS BUSINESS & COMMERCE CODE 16.104.

JURY DEMAND
48.
Poo~Pourri requests a trial by jury of all claims.

PRAYER FOR RELIEF
WHEREFORE, Poo~Pourri prays that it have judgment against Defendant for the
following:
(1)
A decree that the Infringing Advertisements and use of marks similar to
Poo~Pourris Marks constitute passing off;

(2)
A decree that Defendants use of the Marks, Advertising, and Trade Dress
constitute unfair competition under federal and common law;

(3)
A decree that Defendant has infringed the Marks, Advertising, and Trade Dress;
(4)
A decree that Defendant has infringed Poo~Pourris Copyrighted Works;
(5)
A decree that the Marks, Advertising, and Trade Dress have been, or will be,
diluted by the Defendants actions;

4849-1921-2846
PAGE 15
(6)
A preliminary injunction enjoining Defendant and its agents, servants, employees,
affiliates, divisions, subsidiaries, agents, servants, and employees, and those in association with
them, from: (a) using any advertising similar to Poo~Pourris Advertising, including but not
limited to the Infringing Advertisements; (b) reproducing, distributing, publishing, displaying, or
creating derivative works substantially similar to Poo~Pourris Copyrighted Works; or (c) using
Poo~Pourris Marks, Trade Dress, or any other mark or trade dress confusingly similar to the
Marks or Trade Dress in conjunction with toilet or bathroom deodorizers or other similar
products;
(6)
A permanent injunction enjoining Defendant and its agents, servants, employees,
affiliates, divisions, subsidiaries, agents, servants, and employees, and those in association with
them from: (a) using any advertising similar to Poo~Pourris Advertising, including but not
limited to the Infringing Advertisements; (b) reproducing, distributing, publishing, displaying, or
creating derivative works substantially similar to Poo~Pourris Copyrighted Works; or (c) using
Poo~Pourris Marks, Trade Dress, or any other marks or trade dress confusingly similar to the
Marks or Trade Dress in conjunction with toilet or bathroom deodorizers or other similar
products;
(7)
An award of damages as requested in each Count above;
(8)
An award of exemplary damages;
(9)
An award of all costs of this action, including attorneys fees and interest;
(10)
Such other and further relief, at law or in equity, to which Poo~Pourri may be
and
justly entitled.

4849-1921-2846
PAGE 16
March 8, 2016
Respectfully submitted,
/s/ Molly Buck Richard

Molly Buck Richard
Texas Bar No. 16842800
molly@richardlawgroup.com
David J. Diamond
david@richardlawgroup.com
RICHARD LAW GROUP, INC.
8411 Preston Road, Suite 890
Dallas, Texas 75225
(214) 206-4300 Telephone
(214) 206-4330 Facsimile
/s/ Christopher J. Schwegmann
Christopher J. Schwegmann
cschwegmann@lynnllp.com
LYNN PINKER COX & HURST, LLP
2100 Ross Avenue, Suite 2700
Dallas, Texas 75201
(214) 981-3800 Telephone
(214) 981-3839 Facsimile
ATTORNEYS FOR PLAINTIFF
SCENTSIBLE, LLC d/b/a POO~POURRI
4849-1921-2846, V. 1

4849-1921-2846
PAGE 17

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Case 3:16-cv-00658-N Document 1 Filed 03/08/16

IN THE UNITED STATES DISTRICT COURT

CIVIL ACTION NO. ______________

PLAINTIFFS ORIGINAL COMPLAINT

Poo~Pourri recently learned that Defendant has introduced a

PLAINTIFFS ORIGINAL COMPLAINT

Case 3:16-cv-00658-N Document 1 Filed 03/08/16

Defendant Reckitt Benckiser LLC is a limited liability company organized under

This Court has personal jurisdiction over Defendant. Defendant is licensed to do

Poo~Pourri is an award winning innovator in the toilet deodorizing industry. In

PLAINTIFFS ORIGINAL COMPLAINT

Case 3:16-cv-00658-N Document 1 Filed 03/08/16

In addition to the Clear Bowl Test, Poo~Pourris copyrighted advertisements

PLAINTIFFS ORIGINAL COMPLAINT

Case 3:16-cv-00658-N Document 1 Filed 03/08/16

These illustrations are original works created by Poo~Pourri at significant time

In addition, Poo~Pourri has incorporated similar illustrations in a highly

https://www.youtube.com/watch?v=ZKLnhuzh9uY. The release of this video initially brought

See U.S. Registration No. PA-1-867-648, effective date of Registration

Case 3:16-cv-00658-N Document 1 Filed 03/08/16

In addition to these copyrighted works, Poo~Pourri is the owner of a number of

Poo~Pourri uses the Poo~Pourri Marks and Advertising in connection with a

PLAINTIFFS ORIGINAL COMPLAINT

The product labels, for example,

Case 3:16-cv-00658-N Document 1 Filed 03/08/16

famous, well-recognized, non-functional, inherently distinctive and/or have acquired

The goodwill associated with the Poo~Pourri Marks, Poo~Pourri

Indeed, fourteen of Poo-Pourri's award-winning products have been

PLAINTIFFS ORIGINAL COMPLAINT

Case 3:16-cv-00658-N Document 1 Filed 03/08/16

On November 9, 2015, Defendant filed an application with the United States

In February 2016, Poo~Pourri discovered that Defendant created, reproduced, and

The Infringing Advertisements mimic Poo~Pourris Girls Dont Poop video,

PLAINTIFFS ORIGINAL COMPLAINT

Case 3:16-cv-00658-N Document 1 Filed 03/08/16

In addition, Defendants incorporated the following additional expressive elements

PLAINTIFFS ORIGINAL COMPLAINT

Case 3:16-cv-00658-N Document 1 Filed 03/08/16

And like the Girls Dont Poop video, the Infringing

Advertisements feature an attractive, female spokesperson with an English accent.

Defendant even incorporates cherubs into the Infringing Advertisement,

Upon information and belief, Defendant is aware of Poo~Pourris Marks,

Upon review of the Infringing Advertisements and its further investigation,

PLAINTIFFS ORIGINAL COMPLAINT

Case 3:16-cv-00658-N Document 1 Filed 03/08/16

Poo~Pourri re-alleges and incorporates by reference all of the foregoing

As a result of Defendants activities, Defendant has caused and will continue to

PLAINTIFFS ORIGINAL COMPLAINT

Case 3:16-cv-00658-N Document 1 Filed 03/08/16

Poo~Pourri re-alleges and incorporates by reference all of the foregoing

public to conclude, incorrectly, that Defendant is associated, affiliated with or sponsored by

As a result of Defendants activities, Defendant has caused and will continue to

PLAINTIFFS ORIGINAL COMPLAINT

Case 3:16-cv-00658-N Document 1 Filed 03/08/16

Poo~Pourri re-alleges all of the foregoing facts and allegations. Defendants

As a result of Defendants activities, Defendant has caused and will continue to

PLAINTIFFS ORIGINAL COMPLAINT

Case 3:16-cv-00658-N Document 1 Filed 03/08/16

allegations. Defendants conduct described above is likely to dilute the distinctiveness of

Accordingly, Poo~Pourri is entitled to damages, including

As a result of Defendants wrongful conduct, Poo~Pourri is entitled to injunctive

relief and damages to be proven at trial.

Case 3:16-cv-00658-N Document 1 Filed 03/08/16

Without Poo~Pourris permission, Defendant reproduced, distributed, published,