Joint Appendix (Part 1)

Case 2:10-cv-02225-VBF -JC Document 62 Filed 03/18/11 Page 5 of 9 Page ID #:9881234567891011121314151617181920212223242526272817. Plaintiff owns a valid unregistered trademark in the word mark “SixShooter” for use in tobacco and related smoking pipes (the “Mark”) because he hasused the Mark to promote, advertise and sell the Six Shooter pipe in interstatecommerce since at least 2002.18. Defendants used, and, on information and belief, continue to usePlaintiff’s Mark by selling, offering for sale, commercially advertising andpromoting a product identified as “Six Shooter Item #MNP28” without Plaintiff’sconsent.19. Defendants’ used Plaintiff’s Mark as alleged herein in a manner thatwas likely to cause confusion, mistake and deception of the public as to the identityand origin of Plaintiff’s goods, causing irreparable harm to Plaintiff, for which thereis no adequate remedy at law.20. Plaintiff is further entitled to damages for the above acts in an amountnot yet determined.THIRD CLAIM FOR FALSE ADVERTISING(Lanham Act § 43(a), 15 U.S.C. § 1125(a))21. Plaintiff incorporates by this reference all previous allegations of thisComplaint as if set forth in full herein.22. Defendant’s catalogues and promotional materials whereby the phraseand mark “Six Shooter” is coupled with a photograph of Plaintiff’s Six Shooterpipe are false statements of fact by the Defendant in commercial advertisementabout its own and Plaintiff’s product because the image Defendant depicts isPlaintiff’s Six Shooter, not the product that Defendant actually delivers todistributors, dealers and consumers who purchase the product.23. Plaintiff’s Six Shooter has a readily visible brushed aluminum coloredscrew fitted for an Allen Wrench to attach the manifold and turret of Plaintiff’s SixShooter pipe. Furthermore, Plaintiff’s Six Shooter pipe has a matte machined finishon all visible surfaces of the product. Plaintiff’s Six Shooter pipe does not contain4-A169-