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LLC v. Young Kings Enters., Inc.

United States District Court, N.D. Georgia, Atlanta Division

August 11, 2014

T-12 ENTERTAINMENT, LLC and KAREEM HAWTHORNE, Plaintiffs,
v.
YOUNG KINGS ENTERPRISES, INC., EGO ENTERTAINMENT, LLC, TROY WILLIAMS, ANTHONY ADIGHIBE, CHARLES BRYANT BOURGEOIS, DESMOND KEY, DAE'SHAWN SHELTON, FRED CLARK, and KOREY FELDER, Defendants

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[Copyrighted Material Omitted]

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[Copyrighted Material Omitted]

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For T-12 Entertainment, LLC, Kareem Hawthorne, Plaintiffs: Julie Rachel Comer, Logan B. Winkles, Thomas J. Mihill, LEAD ATTORNEYS, Cannon, Mihill & Winkles, LLC -Atl, Atlanta , GA.

For Young Kings Enterprises, Inc., Troy Williams, Anthony Adighibe, Desmond Key, Dae'shawn Shelton, Korey Felder, Defendants: Pat Dean Dixon , III, City of Atlanta Department of Procurement, Atlanta , GA.

Charles Bryant Bourgeois, Defendant, Pro se, Atlanta , GA.

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ORDER

Timothy C. Batten, Sr., United States District Judge.

This trademark-infringement case is before the Court on several related motions: the motions to dismiss for failure to state a claim of Defendants Young Kings Enterprises, Inc., Korey Felder and Desmond Key [10] and Defendants Troy Williams, Anthony Adighibe and Dae'shawn Shelton [26]; the motions to dismiss for insufficient service by Young Kings and Key [10]; the motion to set aside entry of default by Defendants Ego Entertainment, LLC and Charles Bryant Bourgeois [14]; and the motion for oral argument of Plaintiffs T-12 Entertainment, LLC and Kareem Hawthorne (T-12).[1]

I. Background[2]

T-12 plans and hosts spring-break parties and events. In 2009, T-12 developed a new theme for a series of spring-break events called I Plead the 5th. These events were held in nightclubs and other venues in the Miami, Florida area, and they were advertised in a variety of ways throughout the Southeast. They were successful.

Given this success, Defendants contacted T-12 about being involved in future spring-break events. From 2010-2013, Defendants helped T-12 plan or host I Plead the 5th events in the Miami area. These events were popular and profitable.

In early 2014, T-12 learned that Defendants were planning to host their own series of spring-break events in the Miami area under the name I Plead the Fifth. Defendants' 2014 events were to be both substantively identical and held in the same or ...


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