Butt Sketch Lawsuit

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Case 3:10-cv-01223-K Document 1

Filed 06/22/10

Page 1 of 14 PageID 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION KRANDEL LEE NEWTON, an individual, Plaintiff, § § § § § § § § § § § § § § §

CIVIL ACTION NO.

v.
MIKEY B' S PERFECT IMAGE, LLC, and MICHAEL BERGENHOLTZ, doing Business as www.dallasparty.com. www.instantpartyideas.com. www.dfwbands.com. www.wowvipevents.com. and www.dallasrentalstore.com Defendants.

A JURY IS DEMANDED

PLAINTIFF'S ORIGINAL COMPLAINT

Plaintiff, Krandel Lee Newton, files this his original Complaint, by and through his attorneys, and alleges that:
I. PARTIES
1.

Plaintiff I(randel Lee Newton is an individual who resides in Dallas County,

Texas, and is sometimes hereinafter referred to as "NEWTON." 2. Upon information and belief, Mikey B's Perfect Image, LLC is a Texas limited

liability corporation with offices at 4300 Marsh Ridge, Suite 110, Carrollton, Texas 75010. Summons may be delivered to Mikey B' s Perfect Image, LLC, through its registered agent and President, Michael Bergenholtz, 3812 Sunflower Lane, Plano, Texas 75025. Defendant Mikey B's Perfect Image, LLC is sometimes hereinafter referred to as "MBPI." 3. Upon information and belief, Michael Bergenholtz is an individual who resides at

3812 Sunflower Lane, Plano, Texas 75025, does business at 4300 Marsh Ridge, Suite 110,
PLAINTIFF'S ORIGINAL COMPLAINT
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Carrollton, Texas 75010 under the following internet domain names, www.dallasparty.com. www.instantpartyideas.com. www.dfwbands.com. www.wowvipevents.com. and

www.dallasrentalstore.com. [Collectively hereinafter referred to as "MB's Domain Names"]' Defendant Michael Bergenholtz may be served at 3812 Sunflower Lane, Plano, Texas 75025, and is sometimes hereinafter referred to as "Bergenholtz."

4.

Upon

information

and

belief,

the

"Contact

Information"

for

www.dallasparty.com, www.dfwbands.com, and www.wowvipevents.com refers to the contact address of 4300 Marsh Ridge, Suite 110, Carrollton, Texas 75010, with www.dallasparty.com also referencing Defendant MBPI. See attached Pleading Exhibit "A." 5. Upon information and belief, the "Contact Us" information relating to

www.dallasrentalstore.com refers to the "Dallas Rental Store" as "a division of Mikey B's Perfect Image, LLC." The "Contact Us" information relating to www.instantpartyideas.com

references [email protected]. See attached Pleading Exhibit "B." 6. Upon information and belief, all of the aforementioned MB's Domain Names

identify Defendant Bergenholtz as the "Registrant" and "Administrative, Technical Contact." See attached Pleading Exhibit "C." Defendant MBPI and Defendant Bergenholtz are sometimes hereinafter referred to collectively as "Defendants." II. JURISDICTION AND VENUE 7. This action is for acts of infringement of a federally registered service mark, trade

dress infringement and federal unfair competition arising under the Trademark Act of 1946, as amended (the Lanham Act), 15 U.S.C. § 1051, et seq. This Court has jurisdiction pursuant to 15 U.S.C. § 1121 and 28 U.S.C. § 1338(a). This Court has jurisdiction over the related state and

PLAINTIFF'S ORIGINAL COMPLAINT
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common law claims pursuant to the Court's pendant jurisdiction under 28 U.S.C. § 1338(b). Venue is proper in this district pursuant to 28 U.S.C. § 1391.
III. PLAINTIFF NEWTON'S RIGHTS

8.

Since about September 1987, Plaintiff NEWTON has been in the business of These specialized artistry

providing specialized artistry services (hereinafter "Services").

Services include focusing on individualized, true likeness, rear-perspective portraits that are typically quickly drawn with charcoal/chalk/marker media and that typically have a retail price less than $25, all of which is hereinafter collectively referred to as NEWTON'S Trade Dress. 9. Since about September of 1987, NEWTON has provided his Services
III

association with the mark "BUTT SKETCH," with NEWTON'S original Services being initially provided on the comer of Corbin and Market Streets in the West End in downtown Dallas, Texas, being approximately 150 yards from the West End Market Place. 10. Since inception, Plaintiff NEWTON has grown and developed his Services and

associated Trade Dress into a nationwide program. Having enjoyed high visibility and having been the subject of extensive, widespread commentary in national press/magazines (i.e. in Texas, Pennsylvania, California, Nevada, District of Columbia, Oklahoma, Florida, Georgia, New York, and Michigan, among others) and on national television (such as CNN, Headline News, "Access Hollywood," "Donnie & Marie," "Funny People" and "Real People "), Plaintiff NEWTON'S specialized and unique high-quality custom artistry Services have become well known in the industry and are associated with his "BUTT SKETCH" mark, as has his distinctive, nonfunctional artistic Trade Dress. For example, see attached Pleading Exhibit "D" reflecting a selection of newspaper articles about NEWTON and his Services.

PLAINTIFF'S ORIGINAL COMPLAINT
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11.

Plaintiff NEWTON has enjoyed much marketplace success in providing his

Services under and in association with his "BUTT SKETCH" marquee and Trade Dress. NEWTON has provided his specialized artistry Services for such noteworthy companies as Adolph Coors Company, Ceasar's Tahoe, Commonwealth Mortgage, Dallas Apparel Mart, GTE Telephone, Johnson & Johnson, Merrill Lynch, Mobil Oil, Pilgrim's Pride, Southwest Airlines, Tandy Corporation and Xerox Corporation, to name a few. Plaintiff NEWTON has further

provided his Services at many local/national benefit programs, as well as a wide variety of diverse events, including charitable fund raisers, radio promotions, corporate conventions, parties, weddings and store promotions. Further Plaintiff NEWTON promotes and markets his "BUTT SKETCH" mark and his associated Trade Dress on his website at www.buttsketch.com. as shown on the attached Pleading Exhibit "E." 12. As a result of this 20 year plus period of exclusively providing his specialized

artistry Services throughout the United States, Plaintiff's NEWTON'S Trade Dress has acquired a secondary meaning in the marketplace as identifying Plaintiff NEWTON and his specialized artistry Services. 13. Plaintiff NEWTON is the owner of all right, title and interest in and to United

States Service Mark Registration No. 1,551,410 for "BUTT SKETCH" (hereinafter the "'410 Registration") as registered on August 8, 1989. A true and accurate copy of the '410

Registration is attached hereto as Plaintiff's Pleading Exhibit "F." The' 410 Registration is owned by Plaintiff NEWTON and such registration is valid, subsisting, and incontestable. Plaintiff NEWTON also owns all appertaining good will associated with the '410 Registration and his Trade Dress.

PLAINTIFF'S ORIGINAL COMPLAINT
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IV. DEFENDANTS ACTIVITIES 14. Between 2005 and 2007, Defendants MBPI and Bergenholtz, functioning as an

agent/event planner did business with Plaintiff NEWTON wherein Defendants promoted Plaintiff NEWTON on their website and directed clients towards Plaintiff NEWTON'S artistry Services as associated with his Trade Dress and his "BUTT SKETCH" mark. Client events typically were based upon contracts existing between Defendants and Plaintiff NEWTON. 15. Upon information and belief, beginning in mid to late 2006, Defendants engaged

in the consistent pattern of "slow pay" for executed contractual events with Plaintiff NEWTON. Further, Defendants started to routinely challenge and resist paying overtime fees incurred by Plaintiff NEWTON. As a result, towards the end of 2006, the outstanding balances due to Plaintiff NEWTON grew to a level such that Plaintiff NEWTON demanded payment. Plaintiff NEWTON'S demand was not met and Plaintiff NEWTON decided to terminate the relationship with Defendants. 16. By a letter dated on or about April 4, 2007, Plaintiff NEWTON demanded that

Defendants cease and desist from using Plaintiff NEWTON'S Trade Dress and his "BUTT SKETCH" mark. Subsequently, Plaintiff NEWTON discovered that Defendants began

providing identical custom artistry Services as those provided by Plaintiff NEWTON in the same venues and geographic areas where Plaintiff NEWTON had long provided such specialized artistry Services. In addition, Defendants were providing their services under the mark "BUTT SKETCH" and utilizing Plaintiff NEWTON'S Trade Dress. 17. Upon information and belief, unbeknownst to Plaintiff NEWTON, Defendants

have undertaken a course of conduct designed to expand their usage of NEWTON'S distinctive artistry Services and Trade Dress and further began promoting their own artistry Services in

PLAINTIFF'S ORIGINAL COMPLAINT
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association with the "REAR VIEW SKETCH" mark, while utilizing Plaintiff NEWTON'S Trade Dress. 18. For example, on Defendants' www.dallasparty.com website, there is a reference

to "the REAR VIEW SKETCH", as attached hereto is Plaintiff s Pleading Exhibit "0", which includes a photographic image of Plaintiff NEWTON in association with Defendants "REAR VIEW SKETCH" mark. Notably, this website listing of Defendants references that "The

charcoal sketches ... were made famous on a street comer in the historic West End Market Place, a retail, night club and restaurant Mecca in Dallas, Texas." 19. Upon information and belief, as a result of the marketing efforts by Defendants in

the Northern District of Texas, in Texas and elsewhere in association with the mark "BUTT SKETCH," "REAR VIEW SKETCH" and using Plaintiff NEWTON'S Trade Dress as its own, Defendants have misappropriated Plaintiff NEWTON'S "BUTT SKETCH" mark as associated with his custom artistry Services by adopting the confusingly similar designation "BUTT SKETCH," for identical artistry Services, while simultaneously copying the inherently distinctive, arbitrary Trade Dress of Plaintiff NEWTON. 20. Upon information and belief, Defendants custom artistry Services are identical to

those provided by Plaintiff NEWTON. Defendant's use of "BUTT SKETCH" or the Trade Dress is likely to cause some confusion, mistake and to deceive the public in that Defendants Services are likely to be mistaken for and confused with Plaintiff NEWTON'S services as associated with Plaintiff NEWTON "BUTT SKETCH" mark and his Trade Dress. Furthermore, Defendants use of "REAR VIEW SKETCH" is likely to create the mistaken impression in the public that Defendants or their services are endorsed by Plaintiff NEWTON or that Defendants are sponsored by, affiliated with or in some manner associated with Plaintiff NEWTON. Not

PLAINTIFF'S ORIGINAL COMPLAINT
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only is there a likelihood that confusion will occur in the marketplace, upon information and belief, there has been actual marketplace confusion occasioned by the aforementioned acts of Defendants. 21. The acts of Defendants, as alleged herein, are without license, permission or

consent of Plaintiff NEWTON and Defendants have been on notice of such since at least as early as April 4, 2007. 22. 23. Upon information and belief, all acts of Defendants are willful and malicious. The acts of Defendants, as alleged herein, have caused, and unless restrained by

the Court, will continue to cause serious and irreparable harm to Plaintiff NEWTON, and to the good will of his custom artistry Services as associated with Plaintiff NEWTON'S "BUTT SKETCH" mark and his distinctive Trade Dress. 24. Defendants utilization of the "REAR VIEW SKETCH" mark so closely resembles

Plaintiff NEWTON'S "BUTT SKETCH" mark along with Defendants adoption and use of Plaintiff NEWTON'S Trade Dress, while Plaintiff NEWTON continues to currently and actively expand his specialized artistry Services, if allowed to continue may destroy and/or irreparably injure Plaintiff NEWTON'S market for his Services provided in association with his "BUTT SKETCH" mark and his Trade Dress in this District, in Texas and elsewhere. 25. Plaintiff NEWTON'S remedy at law is not adequate to compensate Plaintiff

NEWTON for the injury threatened since he is entitled to be in control of the use of his "BUTT SKETCH" mark and his Trade Dress to advertize, market, promote and sell his Services and to identify such Services with Plaintiff NEWTON as the sole source and origin of his well-known high quality, low cost, custom artistry Services and all good will appertaining thereto.

PLAINTIFF'S ORIGINAL COMPLAINT
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V. COUNT 1 - INFRINGEMENT UNDER THE LANHAM ACT 26. Plaintiff NEWTON repeats and realleges paragraphs 1 through 25 of this

Complaint and the acts of Defendants set forth therein are incorporated as a pleading to this Count. 27. The unauthorized use by Defendants of "BUTT SKETCH" and "REAR VIEW

SKETCH" in association with Defendants offering for sale, selling and advertising their custom artistry Services in commerce constitutes an infringement of Plaintiff NEWTON'S federally registered "BUTT SKETCH" mark of the '410 Registration, which infringement is likely to cause Plaintiff NEWTON injury and damage in violation of § 32 of the Lanham Act, 15 U.S.C. § 1114. VI. COUNT 2 - DESIGNATION OF ORIGIN 28. Plaintiff NEWTON repeats and realleges paragraphs 1 through 27 of this

Complaint and the acts of Defendants set forth therein are incorporated as a pleading to this Count. 29. The unauthorized use by Defendants of "BUTT SKETCH" and "REAR VIEW

SKETCH" in association with Defendants offering for sale, selling and advertising their custom artistry Services in commerce constitutes a false designation of origin - a knowing, false description or representation - regarding the Services offered or provided by Defendants in commerce and an infringement which is likely to cause Plaintiff NEWTON injury and damage in violation of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).

PLAINTIFF'S ORIGINAL COMPLAINT
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Case 3:10-cv-01223-K Document 1

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VII. COUNT 3 - TRADE DRESS INFRINGEMENT AND FEDERAL UNFAIR COMPETITION 30. Plaintiff NEWTON repeats and realleges paragraphs 1 through 29 of this

Complaint and the acts of Defendants set forth therein are incorporated as a pleading to this Count. 31. Defendants unauthorized adoption and use of Plaintiff NEWTON'S distinctive,

unusual, non-functional Trade Dress and associated custom artistry Services resulting in Defendants providing identical Services in association with identical Trade Dress constitutes trade dress infringement and federal unfair competition in commerce and an action which is likely to cause Plaintiff NEWTON injury and damage in violation of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). Defendants use of such Trade Dress is likely to cause confusion as to the affiliation, connection or association of Plaintiff NEWTON'S Services with those of Defendants, all in further violation of 15 U.S.C. § 1125(a). VIII. COUNT 4 - RELATED STATE SERVICE MARK INFRINGEMENT, COMMON LAW VIOLATIONS AND UNFAIR COMPETITION 32. Plaintiff NEWTON repeats and realleges paragraphs 1 through 31 of this

Complaint and the acts of Defendants set forth therein are incorporated as a pleading to this Count. 33. Upon information and belief, Defendants have infringed and continue to infringe

upon Plaintiff NEWTON'S common law rights by adopting and using a colorable imitation of Plaintiff NEWTON'S distinctive "BUTT SKETCH" mark and his Trade Dress in connection with Defendants advertising, marketing and offering for sale their custom artistry Services, knowing full well of Plaintiff NEWTON'S prior rights in and to his common law marks.

PLAINTIFF'S ORIGINAL COMPLAINT
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34.

Upon information and belief, Defendants have intentionally selected the "REAR

VIEW SKETCH" mark to trade upon the good will and reputation of Plaintiff NEWTON that Plaintiff NEWTON has developed in association with his "BUTT SKETCH" mark in the advertising, marketing and sale of his custom artistry Services. The use of "REAR VIEW

SKETCH" by Defendants and/or the providing of the specialized custom artistry Services when offered to others is confusingly similar with Plaintiff NEWTON'S "BUTT SKETCH" mark and his Services. 35. Upon information and belief, there is not only a likelihood of confusion but actual

confusion has occurred in the Northern District, in Texas and elsewhere because of the acts of Defendants in commerce. 36. Upon information and belief, Defendants adoption of the "REAR VIEW

SKETCH" mark and Trade Dress has enabled them to deliberately pass off and palm off their custom artistry Services as those of Plaintiff NEWTON, with the intent to deceive and defraud the public.
,

37.

Upon information and belief, such actions of Defendants not only have deceived

the purchasing public but cause irreparable injury to Plaintiff NEWTON'S good will and further, damage Plaintiff NEWTON'S ability to efficiently run and expand his operations. Defendants' use of the "REAR VIEW SKETCH" mark and the Trade Dress of Plaintiff NEWTON misleads and deceives the public by causing the public to believe erroneously that Defendants custom artistry Services have the sponsorship or approval of Plaintiff NEWTON. 38. Upon information and belief, Defendants have engaged in unfair competition and

continue to engage in unfair competition with Plaintiff NEWTON in that Defendants have knowingly, willfully and fraudulently appropriated Plaintiff NEWTON'S "BUTT SKETCH"

PLAINTIFF'S ORIGINAL COMPLAINT
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Case 3:10-cv-01223-K Document 1

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mark and his Trade Dress by adopting and using the "REAR VIEW SKETCH" mark and Trade Dress in association with Defendants' artistry Services. 39. Upon information and belief, the adoption by Defendants of the "REAR VIEW

SKETCH" mark and the Trade Dress is confusingly similar to that of Plaintiff NEWTON'S mark and Trade Dress and not only is there a likelihood of confusion but actual confusion has resulted. This attempt by Defendants to trade upon Plaintiff NEWTON'S good will and reputation and to unlawfully appropriate the benefit of Plaintiff NEWTON'S years of marketing exposure constitutes unfair competition by Defendants. 40. The purposefully deceptive use of the "REAR VIEW SKETCH" mark and Trade

Dress by Defendants has caused irreparable damage to Plaintiff NEWTON'S reputation and good will as symbolized by his "BUTT SKETCH" mark and his Trade Dress and will continue to cause damage unless Defendants are enjoined from such actions. IX. COUNT 5 - INJURY TO BUSINESS REPUTATION 41. Plaintiff NEWTON repeats and realleges paragraphs 1 through 40 of this

Complaint and the acts of Defendants set forth therein are incorporated as a pleading to this Count. 42. Upon information and belief, the actions of Defendants are likely to injure the

business reputation of Plaintiff NEWTON'S custom artistry Services, his "BUTT SKETCH" mark, and associated Trade Dress, all in violation of the provisions of V.T.C.A., Tex. Bus. & Comm. Code § 16.29 (1989). X. DAMAGES 43. The amount of actual damages and lost sales sustained by Plaintiff NEWTON

and/or profits of Defendants under Count 1 - Count 5 is not ascertainable at the time of filing of

PLAINTIFF'S ORIGINAL COMPLAINT
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this Complaint, but will be ascertained more clearly during pre-trial discovery and will be plead with more specificity at the conclusion of discovery; however, upon information and belief, such damages are well in excess of $100,000, exclusive of interest and costs.

XI. PRAYER FOR RELIEF
WHEREFORE, Plaintiff NEWTON prays for the following relief: (a) That Defendants, their officers, agents, servants, affiliates, employees, attorneys

and representatives and all those in privity or acting in concert with Defendants and each and all of them be permanently enjoined from directly or indirectly: (i) Using the words "BUTT SKETCH," "REAR VIEW SKETCH" or any

other words confusingly similar to "BUTT SKETCH" in association with custom artistry Services, all of which is confusingly similar to the "BUTT SKETCH" mark that Plaintiff NEWTON uses in association with his custom artistry Services; (ii) Performing any act or using any word, name, style, or mark which is likely

to cause confusion, to cause mistake, to deceive or otherwise mislead the trade or public into believing that Plaintiff NEWTON and Defendants are one in the same or in some way connected, or that Plaintiff NEWTON is a sponsor of Defendants or their services, or that Defendants are in some manner affiliated, associated with or under the supervision or control of Plaintiff NEWTON, or that the Services of Defendants originated or is approved by Plaintiff NEWTON, or is likely in any way to lead the trade or public to associate Defendants with Plaintiff NEWTON; (iii) Using any words, names, styles, titles or marks which create a likelihood

of injury to the business reputation of Plaintiff NEWTON or a likelihood of

PLAINTIFF'S ORIGINAL COMPLAINT
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misappropriation or dilution of Plaintiff NEWTON'S mark and all good will associated therewith; (iv) Performing any custom artistry Services which utilize the Trade Dress of

Plaintiff NEWTON or in any other manner suggest an association, affiliation or a sponsorship of Defendants with the custom artistry Services of Plaintiff NEWTON; and, (v) Using any trade practices whatsoever, including those complained of

herein, which tend to unfairly compete with or injure Plaintiff NEWTON'S business or good will; (b) That Defendants be required to account for and pay over to Plaintiff NEWTON

all gains, profits and advantages derived by Defendants from the activities herein complained of; (c) That all labels, signs, prints, packages, wrappers, receptacles and advertisements

in the possession of Defendants bearing the words "BUTT SKETCH" andlor "REAR VIEW SKETCH" and all plates, molds, matrixes and other means of making same, shall be delivered up for destruction pursuant to 15 U.S.C. § 1118; (d) That Plaintiff NEWTON recover from Defendants treble the amount of actual

damages suffered by Plaintiff NEWTON pursuant to 15 U.S.C. § 1117; (e) That the Court award punitive and exemplary damages against Defendants and in

favor of Plaintiff NEWTON in the sum of no less than $100,000 by reason of Defendants fraud and palming off; (f) That this case be deemed exceptional and that Plaintiff NEWTON be awarded his

reasonable attorneys fees pursuant to 15 U.S.C. § 1117 and other applicable laws; (g) That Plaintiff NEWTON be awarded his costs of this litigation; and,

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(h)

That Plaintiff NEWTON receive all other, further or different, relief as this Court

may deem just and proper. XII. JURY DEMAND Pursuant to the Federal Rules of Civil Procedure, Rule 38(b), Plaintiff NEWTON hereby demands a trial by jury in the above-identified action.

Dated: June

22,2010

By:I--_ _ _ _ _ _-----'=---_ _ _---'-_----"..<'-----+ .chard L. Schwartz Texas Bar No. 17869500
WHITAKER, CHALK, SWINDLE & SA

301 Commerce Street, Suite 3500 Fort Worth, Texas 76102-4186 (817) 878-0524 - Telephone (817) 878-0501 - Facsimile [email protected] ATTORNEY FOR PLAINTIFF, KRANDEL LEE NEWTON

PLAINTIFF'S ORIGINAL COMPLAINT
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Case 3:10-cv-01223-K Document 1-1

Filed 06/22/10

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PLEADING EXHIBIT" A"

Case 3:10-cv-01223-K Dallas Party Contact Mikey B's Perfect Image Document 1-1

Filed 06/22/10

Page 2 of 8 PageIDPage 1 of 1 16

Welcome to Dallas Party.com
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0' .,

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mike@dallasparty . com

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©2007 Dallas Party.com apart of Mike} B's Perfect image. LLC. No images or contel1i may be used h'om this site without expressed written permission.

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WoW VIP Events 4300 Marsh Ridge Rd. Suite 110 Carrollton, Tx 75010 (972) 300-4100 Directions: From the Dallas Tollway: Exit Park Blvd in Plano and go west 2 miles (pass WillowBend Mall). Park Blvd turns in to Hebron Pky (544). Once you pass over the Rail Road Tracks tum right on Marsh Ridge. 118 of a mile on your

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Page 8 of 8 PageID Page 4 of4 22

right. We are the middle Suite in the complex. 4300 Marsh Ridge Suite 110. No sign for us yet on top of the building. Suite number next to front door. From 121IToll Road: Exit Hebron Parkway and go west on Hebron. Go about 5 miles. (Pass Josey Lane). After you pass the Rail Road Tracks turn left at the light on Marsh Ridge. (If you get to Marsh, you went too far). 118 of a mile on your right. We are the middle Suite in the complex. 4300 Marsh Ridge Suite 110. No sign for us yet on top ofthe building. Suite number next to front door. From 635 and 35E: Take 35e North to Trinity Full Take Frankford exit and stay on the service road, continue straight pass Frankford and turn Left on Marsh Lane. Make a left on E Hebron Parkway. Once you pass over the Rail Road Tracks turn right on Marsh Ridge. 118 of a mile on your right. We are the middle Suite in the complex. 4300 Marsh Ridge Suite 110. No sign for us yet on top of the building. Suite number next to front door. From the DFW Airport: Follow signs to TX-121 North Bear Left on to Hwy 121 Bypass Partial a Toll Road Go 5 miles to Hebron Pkwy exit. Take this exit and make a right on Hebron Pkwy Go exactly 4.3 miles and look for Marsh Ridge Road at a light. Make a left on Marsh Ridge (if you pass Marsh Lane you went too far) 1/8 of a mile on your right. We are the middle Suite in the complex. 4300 Marsh Ridge Suite 110. No sign for us yet on top of the building. Suite number next to front door.

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Case 3:10-cv-01223-K Document 1-2

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PLEADING EXHIBIT "B"

Case 3:10-cv-01223-K Document 1-2 Wedding Rentals Dallas TX Rental Store

Filed 06/22/10

Page 2 of 3 PageID Page 1 of 1 24

Contact Us
Dalias Rental Store for !"",oi.!eta,,;. Conferences, Equipment delivery, set-up, and system operation is available in Dallas and all suburbs including surrounding areas. Services are also available country-wide.
Contact Dallas Rental Store today to schedule your next rental!
for Plesentations, Events,
About Us Rental Products Contacts Make Reservations

Have You Seen All Our Event Services? Click Here & Make Your Party the One They Remember!
A Division of Mikey B's Perfect Image, LLC. If you do not see the specific item you are looking for, please contact us we have a wide range of AV gear available that are not specifically listed on this website
Minimum pickup order is $50 MirlUmum order with our delivery 8< setup service is $320

972-527-5507 Dallas Office 24hr Rental direct: Mike 972-527-5507 866-436-6411 toll free

Stantions & Red Carpet Event Lighting Mac I PC Computers Sound Boards Digital Camer'as I PF'inters Video Projectors I LCDs Video Screens Led's I Plasmas TVs Speakers I Microphones Casino Games with Dealer Power Generators Carnival Games Tables / Chairs Table Games Inflatables Video Game Systems Chocolate Fountain Service Machines Event Decor Dls / Karaoke Golf Simulator Photographer'S Instant Photo Booth

Having an event and need to see the game/show/news? We can setup dish & direct tv at an event location for the day, Call for pricing,
Home Rental Products .. Contact Us - Make Reservations - Site fVlap

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Case Ideas Instant Photography Instant Party3:10-cv-01223-K Document 1-2

Filed 06/22/10

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INSTANTPARTVIDIAS.COM

Welcome to the Instant Party Ideas com our corporate website of our services. We are united in a common mission of making your memories-INSTANTLY
Instant Party Ideas.com's blend of creativity, professionalism and innovation are the driving force in striving to bring breakthrough instant photography products to your event. Our website is designed to explain our company's mission and products. We invite you to explore our site and hope that it provides you with insight into our company, our goals and our creative instant photography services. If you would like more information or have questions about our company, please contact us at [email protected] or by calling (800) 709-9543 We value your interest and feedback and look forward to hearing from you

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~ SEE ~ Locations

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ALL INSTANT PRODUCTS I ~ I Contact Us I Request a Quote

© 2006 Instant Party Ideas com I (800) 709-9543

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Case 3:10-cv-01223-K Document 1-3

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PLEADING EXHIBIT "C"

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and limitations of warranty. minute and one connection. Registrant: MIKE BERGENHOLT 3812 SUNFLOWER LANE PLANO, TX 75025 US Registrar: NAMESDIRECT Domain Name: DALLASPARTY.COM Created on: 02-FEB-99 Expires on: 02-FEB-ll Last Updated on: 13-JAN-I0 Administrative, Technical Contact: BERGENHOLT, MIKE [email protected] MIKE BERGENHOLT 3812 SUNFLOWER LANE PLANO, TX 75025 US (972) 8146465 Please limit your queries to 10 per

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MYDOMAIN, INC. 198.145.42.47 (ARIN & RIPE IP search) US (UNITED STATES)-WASHINGTON-VANCOUVER Domain Name lIS 6 clientDeleteProhibited Active no listings see listings Dallas Party Rentals Dallas DJs Wedding Rentals Dallas Dallas Party Rentals makes your event Perfect with our Dallas DJs and Dallas Party Services. Dallas Party, Disk Jockey, Dallas DJs, wedding photography, audiovisual rental, Master.com.content No No

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PLEADING EXHIBIT "D"

Case 3:10-cv-01223-K Document 1-4

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THE WALL STREET JOURNAL.
WEDNESDAY, JUNE 21, 1995

MARKETPLACE
Behind a Sketch ist's Success: A Unique Perspective on Subjects
By CARLOS TF"JADA Staff Repomr of TU.E WIU,L STREE1' JOUItNAL Within the genre of realUstic portraiture. Krandel Lee Newton stands apart. His sub-jects have neither the subtle emotion of a Mona Lisa nor the strong profiles of Thomas Hart Benton's American Tributes. In fact} hia portraits rarely include faees. The 36-year-old Dallas arlUst sketches people from behind. With this unorthodox angle, Mr. Newton has established a booming business that employs four other art,.. ists. Companies hire them for $200 to $225 and hour t.o draw rear~view portraits at conventions nationwide. The self-taught artist says his annual gross income is "in the six figures.'} A more pretentious artist might have named his business the Original Posterior Sketch, but the personable Mr. Newton chose what some might can the B-word. Mr. Newton once worked as an engineer at Westinghouse Electric. but quit 10 years ago to practice art. He got the idea for hUs company a few years later when he was working as a sidewalk artist in Dallas. He was painting the backs of parade watchers when a passerby offered to buy his work.

Mr. Newt.on·s work

Since then, Mr. Newton says his com~ pany has produced 150~OOO olthe cluu"Coal sketches. ~jles tasteful, it~$ safe, and itts fast," he says. "Be's a really good attraetion,t' adds Ed Baruch, president of Baruch/BET Entertainment, a television syndicator that has emp10yed Mr. Newton for five years. *The general man.agers of top stations come by with their spouses; .. The reaction when he's done is t {Hey, that's mel' ti
WORLD HE.AOQU.l\mSRS
ROo BOX 4495 DAlLAs'. IX 75208·4495

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Case 3:10-cv-01223-K Document 1-4

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Unique portraits give bottoms top billing
The Original Butt Sketch artists give subjects a different perspective
By KATE PERRY, Stafl:'writer TROY - Never thought offramiog a
portrait of your butt? sketched a row of parade watchers from behind and someone offered to buy the

Then you've never met Pjae Adams. Under a festival tent at Rensselaer Polyt~hl1ic [nstitute's Fall Fest Saturday, Adarl1s turned behinds ~~ along with the heads, backs and legs above and beneath them -- into tine art. The festival, an event open to the community. was held during this weekend's annual family weekend at the college. A continuous line ofpeople snaked toward the 29-year-old artist and her Gasel, which faced an ever-Changing lineup of rear ends.
Most belonged to college students, and a lew \¥ere attached to moms, but in Adams's charcoal sketches, they all looked like they should be sa:shaying down a runway.

sketch.
Since then,. Ne\vton and his artists have worked events ranging from corporate parties to weddings. Adams said the host of tile event, in this case RPI. pays a flat rate to tbe artists. Attendees take home their personalized skelches for

free.
Adams sketches bet\veen 70 and 100 butls at each event. with each one

taking about 2112 minutes. She studied
visual communications at the Dallas Institute of Art, she said. but her love of fine art comes through ill the sketches. They look like something from the sketch pad of a fashion designer. Saturday, Adams looked as if she could ha ve bt,-ctl working at a portrait studio .~s she .trranged four RPJ students for a group portrait. She shifted them around by their 'waist.'> and told One she needed a little more attitude. Adams demon· slmted what she meant, standing in front of the girl with her hand on her

PjIlC Adams $ketehes Ille WC$I family ftQfrt behind, Sawrday at RPf's Fall Fest. Adafn;s is bile bf:seven arti:sts with The Original Butt Skel.cll,a Dallas company that pro" ides (Shanoon DeCelle I Spedal to Ille Times Union)

The models. of course, were thrilled with the results.
nl think pi.'Ople have an unrealistic perspective ofthemselves from this angte; Ihey are ah...ays surprised," Adams said. "But this ,vay they get to see what ( see:'
What she sees, apparently, is perky butts. Even the dowdiest middle-aged derriere looks round and perfectly proportioned when she draws it. But Adams insists she doesn't draw to flatter. She says it's personalities she's really sketching. Adams is one of seven artists from Dallas-based company The Original Butt Sketch. In the mid-l 980s, the cornpany's founder, Krnndel Lee Nc\vron,

that?" she asked.

"Your baek is always

left out."
When Adams finished the girls shrieked about how cute 1be drawing was, and how much nicer their butts looked on

waist and her hip cocked.
When she returned to her easel and began drawing, the girls giggled at the

paper.
Next, an RPI student. her young nieee and her mom lined up for their sketch. standing a little sliftly in the attitudeinfused poses in which Adams posi. tioned them. When they saw the picture, the tittle girl smiled and continued striking her hand.nn.hip pose around the tent. MTheir contidence comes out when they

thought of their soon..,to.. be portra,it and what drew them to the Original Butt Sketch booth.
"It had the \\'Ord 'butt' in it. we knew it had to be fun," said senior Sharmin Rahman from Latham.

Himani Suhag" an electrical and computer systems engineering major from Little Falls, was interested in the unique perspective of the drawing.
"When do you ever have a picture like

do this, II Adams said. "You usually see a little something in them atterwardthat
you didn't before."
l'1:fTY.lID be ~~ 314$4-SW2 m by "".\$it 3! Lp<:tI)"!!:llm<$UhKlo,OOfflI

was working as a strl."Ct artist when he

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Case 3:10-cv-01223-K Document 1-4

Filed 06/22/10

Page 4 of 13 PageID 40

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FRIDAY MORNING. APRIl. 4. 2003

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Case 3:10-cv-01223-K Document 1-4

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Page 5 of 13 PageID 41

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Butt Sketch artist draws bottom lines at NDSU
By Tom Pantera
tpantetaOforumcomm.com

Pjae Adams imJt a businesswoman, but she has a fme appreciation for a good bottom line. Of course. as a Butt Sketch artist any bottom line is good for bee Adams, 28, of Atlanta, was at North Dakota State University on Friday to take a crack at amusing students there. Campus attractions brought her in as part of this week's Spring Blast observance. She set up in Memorial Union's Cul-de-sac Lounge. Groups of students jumped up on the stage- some more than once - and Adams quickly posed them with their backs to her sketch pad. Some of the students in lounge barely batted"an eye, keeping their noses buried in homework. But as Adams worked, more and more people drifted in, their ('What is going on?tl smiles quIckly turning into uHez let's have ours done" looks. Some heckled the models; one cheekily slapped a subject's backside. Adams worked steadily and quic~ completing each charcoal sketch in a couple of minutes. ~'Butt sketch,. actually is a bit of a
mhmomf!:r': it'~ R dAni(!tion of

ButtSMtch
Adams of Atranta au10gtaphs Ii

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drawing of four North Oakota Slate Untvetslty students: jnduding Maggie Tarr.

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Th!I~

MI<It....,

the entire person from the back. from ankles to top of head, and looks lik.e the ldnd of drawings you see in tasmon magazines. Adams. who wore a S~utt Sketch University" T·shirt, has been depicting derrieres for four years. She became one of seven staff artists four years ago, after meeting Butt Sketch originator Krande1 Lee Newton in her hometown of Dallas. '1 was welcomed aboard and it's been a beautiful journey ever since," she said. Wben people ask ber what she does for a living, Adams
~AV~ ~h~ hA~ A ~ts.nt1Arn l"Pnlv'

uI admire backsides for a living and call it ajob.u Her subjects often are pleased, and surprised, by her work. 'urhey don't think they usually look as good as they do," she said "You know what?· That·s what I'm here foe" Among satisfied models Friday was Maggie Tan; an NDSU freslun.an. She and her future roommate, Jenee Rick, posed together and plan to put the drawing on their dOQ1: Tarr actually had two drawn. "r lik.e my bu~·t she said with a laugh. "I think she's a really great artist"
........ , . . . , . , . _

~~--------------------------------------~~~~~~.--~-~

...,." C!.'."tc' 1&" 0a"" ""~ ..... RIiL...
2F

214-943-8UTT (2888)

WORLD HEADQUARTERS P.O. BOX 4495
OAlLAS. TX 75208-4465

Sutt Sk.toh I•• ,aol,t.red Irademllrk. AU ,«thIs ••,.rved.

Case 3:10-cv-01223-K Document 1-4

Filed 06/22/10
.,liinliifitt

Page 6 of 13 PageID 42

Artist capttlfffi

curves fronl behind.

This artist puts the chic in cheeks

olloms Up
In' JIMWITOMUH enmlPRISE STAfF WRlTtR

llOace people start SHing ... sketc••, theytncl to grcmtotelowani me.II

Ir.............Ioa
Origiool Butt Sketch Artisf
grown, Newton has sket<:hed the rwnpsofmany a celebrity, Including Alex. Trebek, r.eeza Gibbons, Jolm Goodman and Tony Curtis. He'saL<:o

HIGH POINT - Friends, Romans, countrymen, lend him your rears.

1M Newton, who has never met a

Posterior portraltartist Knodel

backsid(! h(! didn't like ontleaat one he wouldn't sketch -, will be at High Point University Thursday, focusing on the, urn, gluteus maximu$. part oHhe student body. Newton, a 46-year-old artist from Dallas, Texas. makes hisUvlng drawing cbaroonl sketches o( uttocks - a cMeky .on. you may say, but don't laugh until you've seen his bottom line. Ne phoneft"orn Dallas. aclmowredghtghe's been dt'awlnga six·figure salarY for several ye.ars. Newton gets, paid by the hour to set and private parties, and give away ti"ee sketch.es of people's hacks ides. That's what he'll do at HPU Thursday, but his appearance is open onJy to students. faculty and staff, according to scbool officials, "Onee people start seeing the sketcll.es. they tend to grav tUlle toward me," says Newton, who dubs hlmse1fthe Original Butt Sketch artist. "Typican~ once I'm about an hour into n, a line forms and it's gonna bean hour wait." That's a pretty long Une, considerIng he only spends about 2'1:1 minutes per sketch _or, as he puts it, "a minute and a quarter per chook." w~~. are people so moonstruck by the sketches? "r c.an't explain why," Newton says with a laugh. "And God knows, J don't really want to know why.l just hope it continues." As a boy, Newton honed his artistic abilities copying Mad magazine drawings and taking art lessons. He eventually turned (tom art. however. earning a degr~ in mechanical engineering and Jandin a high. paying job with Westi . he When that work returned to his first love - art S(!tUng up his easel on a Dal1as street
1~~

example = and: ba$ been in the Wall
StreetJoornal and other publitations. Newton said subjects are generally pleased with his butt sketches. willet tend to lop off an inch or two. "Flattery is the key to my longevity; no question about it," he said. Newton has even done nu4es upon request. but.not at bis publlc appearances. "I've done pool parties. though, and elK"'e;n with clothes on. it doesn't seem like they have clotb1ng on," he said. With wometlpractk:ally encouraging Newton to ogle their rear ends. he joked. "there are a lot of men who would ltwe fodo what I'm doing for a living." want to kOOw how Newton's wife, Anna, f_aoout that? Well. be met her atone of his appearances- she was one ofbis subjects _. "so she's • ..' ~iCil\lilI'l$Y\1f_UiUI~ 0001 with It," he said, '~nd shedoos a KtatlQllJll.. N~ likes to ~ a "'flit !)el\!t!d -01' two -In hlJ ~ good job oCspendlng the butt money," Newtonewtl has a tamily portrait, ofsorts, s.h<lwln8 the back sides of him. Anna and their corner and hustling his paintings of two chlidren, 5-yeaoold Tristan and3-yearold Semta. people and buildings. Ironically, though, U's hanging on the back ofa closet One day in the mid·l980s,as door, Newton said. "You know; .. he explained with a Newton painted a scene ofspectators laugh. "that's the krst thing I want to see when I get wll.t<:hlng a parade .... "It showed the home ftom work." people from behind," he said - a man saw the piece and Insisted on buying it, even though it was incomplete. He paid $125 for the S.JOOt·h~h canvas. As Newton painted similar parade scenes, they also sold. He then began sketching people's rear ends - well, their whole backsides, really - and passersby actua.lly began lining up for his drawings. When one ofhls subjects invited him to do a trade show. a new career was born. "I used to charge by people's shape - flat, round or regular." Nevr'ton said. He charged $2, $2,50 and $3. respective~ but charging by the hour at appearances proved. to be more i lucrative. Since his fame has Newt~ wilo W!l1 ¥lsI.t Hi9h PoInt Universi~ on ~rSday, has been
~_et_(~~~~~~~~=:~~n'~e:tM~~:.~~~'~::~

'~rica's Funniest People." for

been on oountlessTV programs-

"I'w

corporate events" c9llege campuses

up his easel at trade shows,

____________________________________________________
214-943-BUTT (2888)

________

Buff Sketch


WORLD HEADQUARTERS
P.O. BOX 4495 DALLAS, TX 75208-4465

SA~J!• •

®

Bult Sketch is a registered trademark, AU rillhls rosen'ed.

Case 3:10-cv-01223-K Document 1-4

Filed 06/22/10

Page 7 of 13 PageID 43

charcoal t'O paper and captured the images of m'Ore .000 car ends. fTony Curtis~ Vanna \Vhite and Jamie Fox:< have MO\\'l1 Newton their lush. He's taken his artistry to conventions and parties aU over the ,..,.orld, an w~he comes to Marnuette University's Altunni Men Union, 1442 \\i. 'W1seoll$in Ave. There from 9 ~.m. to 1 a. m., an):'One em BYOB ("'Bring Your Own Butts) and get a free keister caricature. Newton split £ron1 his originaleareer as an engip,eer to
his skills to the point t'e be can produce a with Newton sketch illjust 21/2 minutes. We at the ta il end of one of his gigs in Q. Why butts? Why not. A. the sign and no. not my say. elbows? A. I don't think there's a at is this crazY market for too many other ...?!" But then somoolie else parts of the body. Hall' * steps UI), and the same some l>e'ol}ie have it, some people who pooh-poobed it don't. Butts everyone has. tend to gravitate back, and then Plus I could l>e like ever), have to \\"ail an other artist iu America and hour an a half. e draw faecs., but you have to reaction is very fa look high and low for a butl Q. What features inter.. artist. est you artistically when doing a dupa depu;)tion? Q. But is there a downside? A. It "oaries. A. Not really. except linWhileI'm gering in airports wliile sketching, rU'1 travelling. Poople have ntwnts fa"c:i~ warned me not to get down~ nted by tbe wi.nd of my subjects.but I \\"a)' people 5 feet in drapetbemI've never se1vcsin reaU encountered much of clotlli.ng,. evHmoo cr):1:hit from that problclll. tliht tl ug to Q. So~ among aU ~ur loo~.fittipg.lt lielp$ me subjecb, whollad the best POSttiou them. butt? Q. about arsct au A. Undoubtedly nly wife. I nat met her while I W~lS sketchA. Yes. I do nudes Hind ing her 10 us ago and I that women primarily 27 to . one 1ha'f'e to 35 arc r~Uy ultercsted Ul thought: take home." An10ngcelebri* p'resemng an lmage of For tics ~ Joe Namath, Vanc~~ themselves at t nudes. ! use a WiUia.lns. Alex Treook ()f: technique, usua Jy pen and Jeopardy!" '\1)8 one of the coolest 6ecause he stood in mk. Une for 30 luinutes and Q. You must have to didn't demand to be hustled enaure a constant barrage upro the front of the line. of puns. So MUwaukeeans know ahead of time, they Q. And the bi est? need to come up with something more original A. John G n. He easUy weighs 300 pounds. than the one yo.u hear most often, wllich is .•• ? Q. How do people react . A. "You're.,getting l>ehilld to this whole Butt Sketch m yourworR.'"
WORLD HEADQUARTERS P.O. BOX 4495 DALLAS. TX 75208-4465
his artistic dreanl in 7 and since then has

His good side
Butt sketch artist excels at bringing up the rear
I)' JACKIE I.00HAUIS
~~~~tcom

K

randelLee Ne\'Ilt'On makes his c.areer peeping behind the scenes. Yes; he's cheeky. Yes, he's a "crack" artist. He is these things and any 'Other d'Ouble-entendres you can snlirk up because Newton is the creator of The Original Butt Sketch; the man who has put

214--943-BUTT (2888)
Bull 5110lel) I.
l'I

,o\lllliered Iradomark. A.II r19M. fuerved.

Case 3:10-cv-01223-K Document 1-4

THE INDIANAPOLIS STAR
.... a I_110M at ....... 1IIcbides! It's _

Filed 06/22/10

Page 8 of 13 PageID 44

Ieat."

KIw1deI Lee Newloo

Hind-sight's his specialty
Bullineisters rear views mirror the keisters of celebrities and everyday folks allke.
rnndellee Newton always stands behind his work. He has to. He draws back:sfdesJor a lMng. At ~ and parties across the natton. people line up and Newton. sketches their back~sides. Since he estabf:{shed his Original Butt Sketdt business !n 1985. Newton has drown more than 200,000 butts. He and his oj mUsts have sketchedin :3 seconds or less with chatcool- butts oj all ages. shapes

and siZes. JromJamous .fa.rmies regular rumps.
TrebeJc,t. t:aah

The ~ butts on his resume include Vanna White's, Queen Latg'ah's and John Goodman's, but hisJo.vorfle Is Alex Trebel(& Not because ofhow Trebek's butt looks. but because It wasfon to do, Newton said. Trebek. the staid opardyl. waited in linejor 30 miTWtes -he didn't take cuts t . of the line, cttin(J eefebriI.y privilege - at a convention get his butt sketched. Newton said. Now. when Newton sees ann: hecmcks up and says, *1 did his butt. ~ It's weird work. he admits. "For a Uving. I look at people's backsides! It's really neat. .. It's definitely dffferentjrom hisjfrstJob. The ChicaQo fl£dIve was a mechanical e at WesU.'1ghou...ce Ind., in bejml tra:n.sjerrlng ( 1984. An artist since he quit engirleerfJ1g in 1985 and set up an easel on a street comer in Dallas' night-dub district Some clientS turned their backs to him:. and hrs butt-sketch business was bom.

1'l'e EnQIIiiih ~I'XII\­ ~1'I'IIW'If
~Ior#!e

to:ttperlwellil
<W\~a
_M~

SlIght "shrinkage'"
Newton. who travels almost constantly to pcutfa. colleges and OO~­ tions, sags he sUll can 'f ~ why his service ts so popular. "People queue up for this. Theu do, he says with amazement. He notes thatJew people really Wee the lOOk oj a drawing of theirface. butjust about everyone likes their butt sketches. "We lend to make them a UttIe smder." he admits. Over the years. Newton has learned a lot about human nature. He thinks way too many nomW'sl%e people haw mlspereeptiDns about dlelr size.(f t.~ people could. $...""e the bodies he sees every day. "they would quit this nonsense about how big their butt ts," he says,
Of

rdlOp!W:

kka
BehInd

e.d<<IQor

800tt
Btm

8oIIon'I
~

8utI
SI,.n$

Clan CfIcIeks
~

(0 ooe~, but he.says more blade men and u.:omen think an ample behind ts desirable. -I think black people are more contfOttable.1 don't hear the level oj self-consctoo.sness" that other women, espedaUy white women, express, he says. Some men are more concerned about the size of their bellies, They teU Newtcn. just don't get my gut." A sketch ofbolh butt and gut is "a combo platter;- Newton sags. Newton. who says he has a "big a", .. says his faoorlte butts are tho$eofpeople who are oor1!fortable with therrtselt:es. "I don't care what size you are." His advice: "Be happy that someone loves ft "

Blacks like ."..... He also sees roda1 and gender dJlTerences in body image. He doesn't like

GkAII$ Haunch Krd ~

FamJ

HhIIV
ANt

KeIstef
~

Reatend

Seat
Tal TUiih

~

Stem

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214-943-BUTT (2888)

\1)

WORLD HEADQUARTERS P.O. BOX 4495

Case 3:10-cv-01223-K Document 1-4

Filed 06/22/10

Page 9 of 13 PageID 45

THUll",,'" BACKSIDES eva 1111 PAST •• YEARS.

NOOIN HAS SlC£TCHEI MIRE

~. he does Niked butts.

too, primady at his privat& DaIas stu-

B
to find

dio. ~women flIthe waiting room..,partleufal1y around valentine'S Day. In one instlne6. a·~ and het ~ friend came in b' a

I,ITIST

Newtoo. "I

':=~~=rom
~reciate

butts

$0

rru:h. Ilfways ha~." Stili. it tOOk NeViItOOc 40. d Del., a ~ d yam; of laboring as a
~~. thlnastimasa~ng streetlil1ist. tnl81'S's ~

He was on a street com« COl WMkald, making a sketch fora painting. The~~acrowdasSNn from behind, 'N8Jehing a parade. Some guy dri>dng bySi.m the ehareoal ~ 01 rear ends and ilnelsled 00 buying it lOt $125. NeYJtoo's nex1 batch d ~ sold, too. WiUm monthS, ~ W$'8 ~ thteif i$$e$1n line tobuy~lhat traeedlhelnesolttl:1irdothedrumps. Newton thOught It was a lark and ~ 1tIrM d01Iar's a butt. Then COl day he wandcnd Into an art supply store and 01 ~ ske«ches beItIg framed. NeMoosoon foondN~ cnarging $225 an nour and jetting from campus ~ to ptlvate loft part_to radiostation ~. to ~e booths at .moe shows. Along U1eway. he regl:steAKJ Original Bun Sketch with the Patent and Trademark Office....sobackoff "he'U sue yoor ass-and hfted We other artists 10 keep up with demand. His 4ncomehas risen to six figures. and he estimates that. after 11 years, he's petSOnaIy :sketched more than 160,000 backsJctes:. He has also heard U1e same tired &oke abotIt needing a wider $ketch pad about 159,ocx) timeS.

weeks tater the .me womanretulTl!(Kl wtth het husband b' a etolhOO posterior portrait. Of«IUfM. it haSn't albeen gravy•••NEfMcnhlsmapped theoutbaek$ of severat ~ whose hind topcgra()hy was better left ur\t' ~, aut ~ M has abult man's dream gig. 'N:)men have arrivedal his sketch pad ~ mft<:fresses and just took off my pMtiIs." CNerlhe~"'s bMnpaidtofocusonlherear vie\Ns d pan Nna HanBy. act.'9!S Vanessa~, and b'mer Enl~TonIghtanchorLee%a~ who ~ him grip his charcoal ~tight; "She had the ~ ped<age. pIuS. she h$I a realygreat persoNity." he says.
~ ske«~ two

confiding.'

*

uw.

.........
A ......... at ......

~~----------------------------------------------------WORLD HEADQUARTERS 214-943HBUTT(2888)

Batt Sketch "H_S •
• F

e

P.O. BOX 4495
DAllAS. TX 75208-4485

Case 3:10-cv-01223-K Document 1-4

Filed 06/22/10

Page 10 of 13 PageID 46

tinel
Ne\vton out of .arrears
hilve
tUl'r1l2d

out

HC''''"''"" il Dallas resident who

butts this week at the World trade :show at the Orange Cmtvemlon an event not to the pUblic, "I'm several what I l'flade as an engi.
ADH:rtL:dl1'

sds OU! to be eit;dncal gets rkh derrieres, "Li fa not is

It n.w pe~etlv$. ~ will s!md ln hlrnl fOf hOUIS lor a B<m Skmcfl

man sketches

Krandel Lee Newtcn4 The Dallas for

his ist backed into his career
out V.uj"'~HV"""" but
By Greg Dawson
Kr .ndel Lf:'C NewtDll wish the 'Til

au nl<"~",,, end ..'-'\.Au.... ".

in drawing more 200,000 derrieres.

LiTu:?
ask The a

and

tears dOeS more Newton out of anctil'S "Things have turned out
sk~tching butts this week at the World of Concrete trade show at the Orange Cotr;lty Convention Cent{'l'. an event not open to the public. ''I'm making several times over what I made as im engineer, " Newton's tale is a variation on the
said Newton, n Dnllas fesid(:<nt who

~~--'---------------------------------------------------------

said, "life is w()nderful." Newt.on, '11, he has sketched more than 200,000 rear ends since the in 1987 when he backed into unique niche as an artist. Stin struggling to make art pay after quitting his job at Westinghouse, Newton set up his easel on a Danas street corner one day to capture a passing parade. An he could see were the backsides of'spectators ... so he sketched a bevy of butts. A passer·by offered Newton $125 for his tableau of tushes and an oeuvre \vas born. Newton patented The Ol'igi· naJ Butt Sketch in 1988 and now employs s1x artists at Original Butt Sketch World Headquarters in DaHlls In addition to convcntion appf~anmces, the company (>ff'ers B1.lttgrams, in which an artist shows up unannounced at an office to sketch an unsuspect· ing butt. Newton does the occasional nude butt sketch ~ behind closed dool's ~ as well as private parties \vher~~ drinking sorlie· times gets oul of hand "and peo.. pic t.ry to sketch my butt, \vith varying degrees of success," It takes Ne\vton two to three minutes to do a Butt Sketch in charcoal penciL He charges be· hveen $35 to $50 per butt - "01' $17.50 pel' cheek if you're on a budget.," he Stlid, not joking. Newton is very much a pel" formance artist, at his best when drawing laughs from a crowd as he drav".'$. "When I st~lrted butt sketch· ing, people began to view it as entertainment. I'm almost like a comedian," he said. Just the idea of people stand.
214-943-BUTT (2888)

in line to have their butts is Generally, GO per'.~nt an' ",tomen, even though women h,()H~ than men "think h<l':f~ butts than they do, f\(l~wton so;d~ It's been said that TV adds 10 pounds~r',J face .... ;md Krandcl Newton sbrinks ouU:-;. He pleads but ht~'s not ph~ased that 300 pounders with buUs to match don't hcstitate t{> liIle up I'm' a sketch, "It's to rny longeVlty:about the dovmsizing, "Bul it'" """ uKe it's .\ consciou's " Newton has a list of Hol~ lY\vood butts to his cl'edit inelud~ ing John Gm)dman, 1'<my Curtis. Queen Tim Reid, Peter Gruv()s, Rita Rudner and Danny Glover. athletes such as baseball gn~at Emie Banks and ex-quarterback Joe 'I'helsmarm. When asked to nalne the best and the brightest butts. Newton showed he's no fool. "One I actuulb' " he quickly. As for others: "Lecza Gibbons - ah, man, she had the \vhole package. And Vanessa Williams, Those stood ouL" One of his favol'itc celebrity subjects was JeDpnrdy5 host Alex 'Irebek. "NormaHy, stars like him get rushed to the front of the line. He actually stood in tine for 30 minutes to get his buH sketched at a ('fV syndication] cmwentiQn:' Nevvton said. And Alex's butt? "Just prl~tty decent·,- nothing spectacular. You're talking to a man who has seen OVer 200,000 of these things. It takes a lot to rattle my cage." No ifs. amds ()r butts.

Batt . Skete"~ • ?
Qii12!!!ftlW •

autt SkQlch i$ " r"g •• I'".d tr.demark, I<U right. ,n.rved

WORLD HEADQUARTERS P.O. BOX 4495 DALLAS, TX 75208...4465

Case 3:10-cv-01223-K Document 1-4

Filed 06/22/10

Page 11 of 13 PageID 47

The Palm Beach Post
Sunday, May 4. 2003

flMlEdItkIa • PI, '.IICIIPo1t._

$1.25

'\IsuaIIJ,_1m: __

butt."0Me..., ... wItat I . . ..., stitt
~W:IIOII!OM

..,. ........

-. ..,...
-

What's behind a good piece of artwork?

Turn around;

Suo Fest Saturday morning. views. from the head to the Eileen Espieg didn '( know ankles. No faces, no feet. what to make of Krandel Lee This is his first year at Newton~s masterpieces. SunFest, where as of Satur.. At. first. glance, i. d.a.y afternoon almost ~OO th t. What the heck is people had posed for him. t said Espieg. who at- He'll be at thf' festival ter a few minutes of New- through 7 tonight. ton's cajOling. became his "People have to get used muse for 2~ minutes. to this concept. Usually, at She walked away with a first they say,'Man. not my drawing of her own back;. butt': It Newton said. "Once side. they see what i do, they start "It's m)': first butt sketch]" lining up." Esp~. of West Palm Beach; His booth's unusual exclaimed after Newton name and Newto.n's energethanded over the 13-by-24- ic personality quickly attractinch charcoal sketch. "This ed groups of curious onl~k­ is going in my living room." ers - ~y of whom decldCapitalizing on his ed ~ smply ~ust have a unique artistic perspective, portraiture of ~etr own fully Newton - creator of the clothed postmor. Newton tJ;;iJ "'What gets me going is people's reactions,"
t:S$#

with the butt sketehJ4eaby we were just chan~~!A 1~ years ~. Krandel Lee Newton specializes in sketching surrounded with people out He quit his JOb with Westinghere." said Robert Gray Sr., house Electric:. m.Da1las a the rear end's beauty. Newton"s assistan~ who has few years earlier to pursue a tendency to stress the first his a.rtistic: passions. By SARAH EISENHAtJER -Palm IkadIlWt Sta/lWn/u three letters of his title. While a struggling side\VESr PALM BEACH -At- Original Butt Sketch - has As soon as Wen.dy walk artist in DaDas' West ter strolling amid the thou~ established a booming busi- Func:bes saw Newton"s work End, he was working on a 6sands of pieces of artwork at ness drawing people's rear on display. she knew the foot canvas of a rear view of

he'll show you

Reactions from crowd inspire artist to create
wiD sketch bare butts. but Technology. came UP. with
ooly in private.

"'Last

.t

is visi'

sketch woUld be a converse,.. parade watchers when a man don piece at her husband's offered to buy it for $125. Air Foree base in. the Middle From there East. She stood for the 2the concept minute sketch with her S. took off, aDd montlJ..old son Gabriel seven other -We"re sending our butts artists now to Pakistan..; said Funches. work for The 23. who lfves in Georgia but Original Butt
her Lake Worth
DCWentli. ., always try to send

400 events a mainY trade shows and their client list includes Bm conventions - charging beGates. Alex Trebeck. ~ohn tween $175 to $250 an hour Goodman and Tony Curtis. or up to $50 per sketch. He·s ch .~~n.who ,has charging $20 per sketch at ~ the is Institute of SunFest.

Newton; He Newton and Gray stress quit job to the sketches are not carica- pUrSUe his tore&;. but true artwork wor- artistic talent$. thy of ~ina:. They ~

• creative gifts."

jog sketches at more than

Sketch, creat-

rear -

d!;:



H U>.

tt Sf(etell,
le..
$

Newton said. "That's what I get caught up in...
VVORLO HEADQUARTERS

(214) 943-butt (2888)
. . , . _ ... _ '..I I ' _ .... Il;I>J_

0

~-~ DAlLAS. TX 75208M95

Case 3:10-cv-01223-K Document 1-4

Rear-ended art
shreveporttlmes.eom

OfhrOfimt5

Filed 06/22/10

Page 12 of 13 PageID 48

TUESDAY, OCTOBER 5, 2004

Columnist

Posterior sketches a big draw at Revel
At the ReYeI with her family from liny Athens in Claiborne Parish,

making his

KrandeILee Newton, who's arance at the Red 1arls fesdval this week. creates charcoal sketches ofpeople's backsides fOr a living. This mans his workday, no matter what the clock says, is always ending, '''There's n.o downside to it." said Newton. a Da,Uas.. based eogineer-t:urned-artist who in 1987 came up with the· contePt of "butt sketch," qukkchareoal drawings from behind. of people's beJUnds. He is n.ot the kind ofhard(Ore businessman $0 self.
absorbed that be can't ac:k· J:lowJedge that his professwn.

btuuse "I saw it and wanted to get one," she said. s pretty; it 100b 1Ike me,"
Her dad, Douglas Blow, "'had to think twice about it." he Mid. when he saw the Butt Sketch banner. "But it's OK; Blow saidafterwa.rd. acknowledging that Athens had few Butt.sketcli aitists and this was a
onre-in-a-Iong-time opportunity.

Courtney

Jackson. 15. postd

"Ye've got a basketball team at the . ~"hesaid. -andtltat's a Evan W'1Ison paid for a sketch of his girllriend. Dionne Burton. Both are seniors at Huntington High. "This: is a first,.. he said. "for a date,"
Lynn Moseley ofSpringhitl posed for her husband. 80. as a surprise. "Oh my gosh, llovc it,.. Moseley said when Newton showed 1m' the finisbedprociuct. 80 seemed to like it more; when Lynn gave it to him. he arabbed it and smiled when he did, as did Newton. "I've done about 250.000 oft~." he said,. "'and maybe 50 didn't like it. t just started all over again. It', not Bite I have a lot of time investedm one." 'lltough it's I trade secret, Newton trie$ to Oatter the drawees. There·, no reason Dot to; they can't see back there.

is a pun factory.
behind.

CitlR Mic. He's alwa)l$

UIOrking

carter.

He's III the tail end of his

you'd expect ofsomeone who draws from 1ile's rear view

the~smileandattitude

"Heard'emall."hesak1. with

Smith. and of actor John Goodman. who was made to bend over a podium for his

mirror. Sketches are of rears fully clothed and take about

Newtonsakt He also drewjlOjKJrrb stud Alex Trabek at an indumv trade show.
half an hour to g~t his butt sketched:' Newton said. "I thought that was pretty cOoL" . No question,
Wnat
"H~

sketch. "That made it twice as wide as it already was."

41've done about

Sketches:
of these'

250,000

kicked butt again Sunday before Monday's rains kept most Revelers rears indoors. . "Oneoftheiirstonesldrew ~re Vo'8S8 mother." be said. "And was too cool. We do a lot of families at

three minutes. He drew more than 300 backsides Saturday' and

stood in

Hn~

about

Newton's team does private partiesand conventions
as weD. He'sdrawn the rears of former Dallas Cowboys Troy Aikman and Emmitt

things like this,"

like. a good idea at the time real1y did tum into a good idea for Newton. Newton's "Original Butt Sketch" c0mpany now employs seven artists. One will pincll hit Cor him today and Wednesday until he return~ThW'SdayCor the remainder of the Revel.

must nave

While he could make his profession sound more sophisticated - "I draw moonscapes." he could sayinslead he laughs and captures. on paper a part of life many talk about
but few document• "A lot of people see 'Butt SkeCdl' and they process it before they get here," he said. "But once they actually see what it is. it catches on." Just as everyone has a butt but

iet:utQ

not the exact same one, those who choose to have skekhes done of their rears have reasons, though
slightly different.

fMP~--------------------------------------------------------

8"ft S'·ete"", u""..
• •

214-943-BUTT (2888)

lJ!tlii!.'~itL

b

Suit Sketch 1$ a registered trademark All r191\1$ reserved.

WORLD HEADQUARTERS P.O. BOX 4495 DALLAS, TX 75208-4465

s
B

Case 3:10-cv-01223-K Document 1-4

Filed 06/22/10

Page 13 of 13 PageID 49

I

214-943-BUTT (2888)
Butt Sk.tell 1$ a fegl"tenu;! trademark. AU rigllts rellerved.

WORLD HEADQUARTERS P.O. BOX 4495 DALLAS, TX 75208-4465

Case 3:10-cv-01223-K Document 1-5

Filed 06/22/10

Page 1 of 13 PageID 50

K.hI. . . ~~ ............ of.......,~~.....,.

cantl_~Oft"'''''''''~~.''''''''''''_''''''''III'I_'''''''''''''''of''''''''''''''''''''''''''M",,,,,,,,,n J.OII fA lHl.

......."..,u,wt,-... .........,u,........,................••_ ..
KrandeI
Newton ....

Artist: 'These are quality butts' .... ..... ........ .......... *"
Krandel Newton
puts more than 100
uet.
~n

he saw the b1$Md prod.

cans on canvas

at Bradley campus

. . . tw.
... ahalf ml_ _ ,.,
~

-ontr

Newton..,.

"I think: it f'r3med," his gl.rlMeD . . "I'Ve nevt'r seen it (~en"fPf"$ rev) dmwn befoft." BmDey sophomores Monica 80Hz and Lauren OmtJIe said tb.q waited in fJ1e lenathY line tor a butt sketch 'booaust '1t lOoked blhuious... '11I.e tdends·l.I.Rd their portrait bUt wondered wbat otb· em would tblnk ~n tb~ saw

it.

dmwo - young. old, common. celebrity - Newton 1nsists his favorite is his wife'$. He aeiuaUy met bel' Wb1le sketcbing at a lesUvailn MODtruL "I'm no dum.m)r." Newton said. "She bad one oftbo.$e butts I tnJJy feU Inlow witb.•

"'TheY'll be aU over It... Newton assured them. "Thee are quality butts1f I'Ve ewr Men one," Of aU the bl:i.cb!du be's

214-943-8UTT (2888)
Butt Skotch is a lagist.red ttademark. All tights tosolyod.

WORLD HEADQUARTERS
P.O. BOX 4495

DALLAS, TX 75208-4465

Case 3:10-cv-01223-K Document 1-5

Filed 06/22/10

Page 2 of 13 PageID 51

are
"'ing
illS
ing me so profusely." Anguiano. 35. says he once
By JUDY W1lJr{
SUipUU«fMM ji.li'I' I ''''!'l!!t ...

sketched a divorced wonl,~ll'S bu.tt l.l.lld thoughtfully added the caption: "No looking b~ick." His clientele isn't limited to crowds at fairs festivab. Anguiano is to sketched the Microsoft chairman and billionaire BiU Gates. (it was at a private party after a zoo fund-raiser i.n OmalUi,)

the butt He waS working to capture ap.1rade from you got it -- behind. and a man saw Newton's drawing and bought it. The rest is buusketching history: Ne\\'h:m. whO' WlftS flying to AlbU<.wcrquc. N.M .• f:or a jO'b this week. r~~ he's sketc.h.ed upward of 250.000 l'leO'p.i:c and pr:obably had only about 20 who found the rcswts htltt-ugly. "n takes twO' and a half min.. utes, so if they're not pleased. it's to dO' 'em (,}ver," he l»us. points out, people do this \'(}hmtlirily. "Most folb think they d.on'( want it done," he says. "Trust me. YO'u con'l!! kicking and

Butt-sketching has become big business, says Kt',lndel Newton, Anguiano's boss. Newton runs a studio - the Original Butt Sketch in Oallas thaf today includes hirnself and seven. other a.rtists. They travel across the country and to EurO'pe to ply their on public. arc sketch\.-s, not cruiatures or ex..11t* gcn,tiom. And Anguiano takes his \\'Ork seriou~dy -- as seriously as .~ butt-sKdcher can. "In a sense, it becmnes like therapy.'" Anguiano sa)'s. "Sometimes 1 only spend five minutes \..'ith these people. 1 get into their lives and the next thing you ktlOW, they're thank-

tr'dde. CQVRT('$Y Of mE ORICIN",!. ~1Jn 51\(1,.. ,"We get invited Artists from the Orl91nal Butt Sketch In Dafto all these wonder- .as work parties and spedal events across ful places. chances the United States and in Europe.
to eat the best of shrimp. drink beer and ·wine. and we get to draw butts aU night lO'ng," Newton says. ''That's not a bad gig." Newton, who g;;we up an engineering job 16 yeats ago to' stand on a Dallas street ~Qmer with a sketch pad, originated screaming, but you cO'me nonetheless. The most famous retrain is. 'Not my butt: ,. Apparently. when it comes to butt sketching, there's no end in sight.
.wy_(amjO.~-?;"~ f;\~·t~~

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CREEK CRIC

Atale ofan artist
who always gets behind in his work

I!~ walJdng down IDe street aoo drnw the!.r behinds IlItt'! the 1'1elurnroo,

To HUl..ltll tlUtS!!

~trll.n~rs

£.:;r

film,wtt lI~, lXIulJ)llmliw butt IIkIl'L
lIUI world WhflflHtudit1ll11u'niatiM hlls

Ul!~ lH)rfect refuge, a pJael) whc!'tmwn ilri<! W!l!fIE!ll L'OOld !alll rolll' fOfl.ablyfnrhouf$OIl (t'lll <tblJm bult

'. . F

'F~If!t'1>1: S;AWW~lft~

SyEhttWmu

tllElr OOC}tM!'mtiOll. N@wWn woold milke a qUlllk rear·vi!!w $ketch rOt' ~"""·'L_._ tit take 11_. Then, mm:h like that moment ""hen tM olher Newloll. !!iIwtlte Ilpple fall fI'llm til@ 1.rnI!. th~ NI!W' ton thoUJllit Ite could turn tillS:
endmvot Inlo lin1ll'lOO:l!lt~. F;\@ful'1l' tong, pam'ln;hy wern It!I· lag lip rot hiS dtllWI!1lI$i. OO!' or thQ~!! tllStOU1!lfS aslwd if M IUd 1r&rl(! SOOIllS Slid Ihe .rnst 1$ iilfti:s lie llistury. In tlte: lilililmer of illBi, "J m_

H mon lIml 'ru'\\WH W(Hlt(l iMi

~Hl}gpo1lt.i~lIIlY ill.comx: l? .. WIH/ll h_ tOOUgilt t!tat II tnw~ show bOOtll at the Chlca!;o

blJlNmH! aetlollub!(" this was all oasis of lMl\lQpllt'(! butt clwt, O\.'l;nsimWd by OW 3J,11jlilamuCl! of IiI\1llU WmUUH<IlUliUil! QCCUpaH.j.HI:mHlil'llw$li'l..~ turostif proplc's ~VIDws ftIr a tMII\!,. ' Kfilrnllll Lt~ NII'\\'too i~ "'tflll ctL"irtOruf The QrigilMlI

ap with fh(! pittam TheOr1lil1lA1 Butt Slt.fbtcl1," II<! $a)'!\. "It IItiltllm a mtm. UI!lk.'I1'll1JOOiP1I:! Cl.b~" Mornrecllntly, "In the heil!llt·
_I. I didn't WIInt to jJ\lt C'ltllill!lll till in thlll:," 1lC!!iIl/S. 1m ~t of c:hmngin" !.be nalitl)' to "Deniorn
t11100 $i!llilllillity

or .SC')(ull1 I1iIU11\\il'

Ill' I'IOIJI' to WOIK"irooe: lihl)W'S..

~wton

cbatgesJl75 to. $200

\\ilntlon ~i.l1g111 ttw. Hilton. Whut 3 eonecj;)l. And <llIlw slIccewsfttl. Nt."I\'toll char(l:li'S ~twoon $J'1ti 10 ~ an h.uur (I," mostt)' !l~tlur.lldt!£lu:rwli)toliUtliUfr his ~poolnll!ill(ll:)r

Butt SlIsteb, ~ !'lev.ton,39, t1mdit Q 111,'l'lll visit 1J:l Chl;;;il;@O to dl~w c~! portrail$ of peQjl!I):'$lmcllhl~ ill <t brAnnat Ihe NaUooal A.~l<ltlOll flf I! !o~ge IIJ~'!«!T$; ron'

he said tMIl;! has llol been a single ronmllllnf· , 8l:!forn hI! startl!d ooitlll cOfl>O'

S~Iel\ be~

Drawings" or "Posterior POT' m.i.lliw btl! d(!el~al!ilill$t It And. in tlte 1l y~ sillOO Blit!

drawn tQpiher. 'nle 1IIDSt. Jl(lj)uIar

Many eO'Ujllelii eome by to 11«

!!iIllI Nelll'tOlL
Il.

thijjY ~C l1iomn is

pl.i!;OO

to rums 'IM mw.tnBS wlmn

too bilthrtoom.
qIU'\1'ler

ilr<lSl:lj! After iln a~ 111'01'11 dilly, ill w.'blell ~JlI\l wait ill nO!' up to_1'll1 hQW'S fnr a.ll'i'fl;llll(ll. tlt'll\l{lag, New·
''He)! Uttlt'mllll,"

work • WooN drawings 1m! III om wM drop by clMllis' 1molh!> -, "X umd to chaltltl pooplll
r~te

r~ til

Newton says It lakes a~l .2.... mIIlU'!eII for aJruU seWh, "1'tttt1~
tOOek.~

'minute and a

lIer

only In twINe IlOOl!le v>_1l1;g IIlf'irl:11'1J1'S lit n!m !wUt·rlnl\.

IWI WIJ(Ii!'!~ hill wIII WaJ1IWr tl1rot!£:11 IIw COm'l41tjtm j;!l:t\

Pkawsu ~bly Imd Itmsame jlroble:m. N~\!It<ll1. Chllrmi.t1g t1n<!t:<lIlIl<tJIial. says, ~f'l:ll:>j;)le f~¢l romJl'!l.ied IlltoU me bullj\lll~ And PIl\I&, ''\:~.\.!~tl1l0 1,,' ~lngoohlnd in)'I1I~r\\')r\l;.• ., YOI)'fllatthlltllill!lUt:" Imseif, He !>it)'!>
1"'10 "'m;I;·L~!;mt~" ,anllpel'.~ti{)li !lmr
brll1!l>~ In "$Ilt flijU~" (\U(:li ytWu:

hued 011 their sbllPI!. wMUlcr he does tuttl·ell up.f)n tlley wl!rl! 'fd: 'round,' of req~$t ...,.Jbolillb !lOt at trade 'ceguillt.' (TIWIHl f~~ wer'l $2, ; !J:!oW$. $11.00 .ml $3¥!l$J;«uwl,y, 00 ~ ",\to p.dvatllpurlies. they drop ~r was .Imt llavinli!. f1ID.~ hec.,says, '''1'bIm. ~ple slart He $tUl i$, He lells (lnt'! Cliellt dtitIklng lI.t'Id Ihey'ro t\tIly moon· Ihl shl! hlI,$ nicll leg$, lets Ingme..

n"

trw:

r-epe.aled

hu~

from oIhll.t clifinls

On his 'l'll;lt hCfll,llln,'ti by 11J:lnwSltle I",ruling lIi(:'..I(j1' them'lHby ",ilW\11l11Ql'\, tv,'Ilmeruls
wmt•.,;!jJI, mirtHI'},> 1" !lI(;hlw!<l"r~'(L "Myuuyfl Il'l1d'8 0 l"lIt m!lI1,"exptainoo Cindy HU\HlC'L ~1.1n irmainlll thedraw!ngl for
H('rfri>!l1l<t ~J:'l'Y M~Cbhl, 1I1'!IJ\lO{ bo,>r nushaml, S<."Qt!. "I Il"s~, l.ll'!llll!l.llllll'h not ~ !mIt Itlllll." !-i(IJ1(!llwt,,5.S, sill' too l!:l!!l!1ed with !!Ioo wltt'n S.hl111:lW Ih" j lr:I\'1 ing ill' blYtlKlstcrlOl', "I'\'t ~o "",'u"",(~ of havllllj Ii flittil'l'l'lng ha.\'ld,~ hl\ll! };C'I\ Inn WI.H!'n asked if hll Irlrfi$ , .off inchfrs when ho draws. For sum, llliy!!
~I'le tuoll a coup!1J ill~he$ (iff lilY a$i.'!', ~ n:w:red Thi:mJl'i$ ~;. ~1'vrnm:;" Adklnii Jr,. ffume$ide l.t'lldill!fs Si1lnior '1'\00 j)fI'Sidient. "'I't'batll butt, tll3J1." ~r\,«l a:nu41wr Ilome:Sldellffici1l1. Terri Mullany, as one of her mllll) CIHI:11ril.ers bad his posiorior

Doeklln .liS the wolllen In sW:ks. sklr" or drelMl·fQNU«tiS suits

!lnd lumdll<bakll$ Ili'OOl tlW m~lI'I \Ilbg ar@ as captivated by lile t1rawlnG',s of tltem in Ilulti! or

"'.fuM.anoIW day at the om"","

aro.

lIis bmhdt1lt"

I{Ol1lllJf, who !:olJdw.la~ Ihltt hI) ll!al rcdu>(:l)d her Sl2;1) l!)lollll\), nllIY1~u6.

~~1Jt Milm~n.-

Abcwe: At a reoont tl'1);;lo shew in ChiC3$), Klal'l<lellee Newton 1I1«!t<:hes a Gemme,

immQrta Uzed in ChllfCOiAl pencil Ulll1 sk<.>lc!llladlhahlays.
"HOIlW>.~lde ,., Weooll.tl'y(¥llfbotlOlnllllc.."

Top: Ono of his relllle-rings from
1110 convcntion.

"""

.... SketeA.. Butt

willi this ldt'a. II!! quit bis ~nllilleeringjlJb with 'Wl!';jllnghOlllle In !);IlhIs. hliSays, tUllursul!a01ru-cra... ullitY!lsl. Ol1a~t cunwr them, M witSmtdmg ::Ililx,foot t~m\'lIS of II roar vLew of ~'Afade wlltchers wium llll onl(!Qlwr o!fl;'fcd 11:1 buy Rfor $125, "fIliI paradl) Si1lcnesi!\'Ol\'Cd into 11 eu.slmnb;cd ~.I whew be '"''Quid pm tile buy.,,,.,, oockslde fmdlll(' bU)<1l'f's frlef!diJ' back, sides 11100 tM IllctUff!. TIt(.'n, tn IlIIl'll! Ihl:! gw.tp, he'd groh Jl'JO-

lUlools lU,.Utllle of T\K:!mol~oflen Is 11S.)(l>;:\ how he (:lIIOOUIl

Newton. Who gr.I<luatoo in mecliUllktll t!l1(I:iru.,<'r1ngfrom tbe

p/>IlIII$

Joe DoUglas of AtJanta poses at tOO N8tJona1 Assocl.atlOO Of Mort· gage Bfoket$ conWlntioo tor one of I'Irallllel Lee Newton's s.ketd1eS.

Case 3:10-cv-01223-K Document 1-5

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C!t4attatUtoga arms 1J1ttt IIttll -I·~.e.···. E
$~cl;lY.
~

"' .......

A nice job: no ifs, ands or 'butts'
iog new careers that might one day help my son earn his daily bread. U ntillast week, "butt sketcher" was not on my Jist.

rm always on the lookout for excit~

As the father of a young child,

Butt sketching. yo.U should mo.w, is a huge fad amo.ng co.nventioneers. who. line up by the thousands to bave theirback~ sides inked. (Clothes remain on. by the way. There's no mooning allowed.) , Ms. Adams works for a Dal~ las~based firm called Original Bun Sketch. which employs a team of artists. Together. the cOlupany say~ the artists have sketched some 250,000 backsides, including derrieres of Marie Osmond, Queen Latifah Alex 1'febek. I don't; mow about you. but I find thinking of this nio of celebrity bottonu <l. Uttle unset .. ding. Or as my 3~year .. old son 111ight say. "'Yuck.. o. Gag." The company was founded by Dallas artist Krandel Lee Newto.n, a fo.rmer sidewalk artist, who. go.t the idea after sketching the backsides of parade watchers in the mid19805.

Now it is.
I have learned that prO'fessiO'nal butt sketchers make real money,

charging up to $225 an hour for
their services which puts them Mark right up there with Kennedy New York lawyers Ufe Stories and plumbers. (Caution: Please do not confuse butt sketchers with butt scratchers. who make considerably less money.) As luck would have it, I recently got to interview a real, live butt sketcher named Pjae (pronounced P~jay) Adams. Ms. Adams was to' have been in Chattanooga Jate last week to work the National Association for Campus Activities regional conferenc(! at the Convention Center. Shc called me on her cell phone a few days before she was to have arrived, What's it like sketching butts, I asked. cutting to the bottom line. "'I'm an artist:' she

After some initial eye co.n~ t.,ct, Ms. Adams said she has her subjects swivel and pose. The sketching takes several minutes. "X tell people it will he the longest two and a half minutes of their life:' she said. "After a couple of minutes, the antici* pat ion overwhelms them.OJ She says that women are a little more sclf-(:o.nscious about what they look like from behind. but men are more inhi.bited about agreeiugto being sketched. I asked Ms. AdatllS if this is a stepping stone for her on a path to beco.ming a serious

artist. No, she said. When it co.mes to being a butt sketcher. she said, therets no end in sight.
E-tludl Mark Kennedy at I1lkclmedy@time:sfreepress.com.

exp!ained. "I see 'lcsthetie beauty in every shape. "It's entertainment." she said. "I've been blessed to. be employcd using my gift."

Ms. Adams. who c'lHs Mr. NI7\vton her mento.r, it'~$ists that SKetching is: a noble ing and that her work helps boo.st people"s self esteem. In truth, despite the cOlnpany name. the sketches are fuU~ body. rear*vie,I,' caricatures. "You can teU (from behind; which peo.ple have confidence," she said. "It's about stance and posture and assertiveness. I try to give them a little boo.st,"

~~------------------------------------------------------

Buff Sketch a ..
. 2 7 A"f'ii2!iIl#is

• ®

auU Skotch is a rOlllstorod tradomark All rights t"SOlvod.

Case 3:10-cv-01223-K Document 1-5

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Case 3:10-cv-01223-K Document 1-5

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Page 13 of 13 PageID 62

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Case 3:10-cv-01223-K Document 1-6

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PLEADING EXHIBIT "E"

Butt Sketch 3:10-cv-01223-K Document 1-6 Case

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Krandel LH Ntwton quit an engineering job to pursue art .. a career and paint on a str •• t corner in the West End section of Dallas,Texas It wu (In that (orner that The Original Rutt Sketch. conc.pt Was d••• loped. The sketthe. became a big hit and the artist stuted 10 receive offers to be 80wn around the (onntry to make spod.1 appearances al trade shows, convon·· tions parti.. and private receptions.

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Page Page 5 of 22 PageID 67 1 of 1

row.!s stared to form nn t.hat Dallas street cornu. People lined up to get their sketch done It wasn't long after that the local media noticed and began doing 5tories ... then the national media picked up on the OrlginalButt Sketch' story

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The Original Sutt Sketch" World iQur was horn.

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Case 3:10-cv-01223-K Document 1-7

Filed 06/22/10

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PLEADING EXHIBIT "F"

Case 3:10-cv-01223-K Document 1-7

Filed 06/22/10

Page 2 of 2 PageID 86

Int. Cl.: 42 Prior U.S. Cl.: 100 Reg. No. 1,551,410
Registered Aug. 8, 1989

United States Patent and Trademark Office
SERVICE MARK
PRINCIPAL REGISTER

BUTT SKETCH

NEWTON, KRANDEL LEE (UNITED STATES CITIZEN) 817 BENTLE CT. CEDAR HILL, TX 75104 FOR: ARTISTRY SERVICES, NAMELY, CUSTOM DRAWING SERVICES, IN CLASS 42 (U.S. CL. 100).

FIRST 1·-28-1988.

USE

9·-1-1987;

IN

COMMERCE

SER. NO. 748,303, FILED 8-25-1988. WAI BUI ZEE, EXAMINING ATTORNEY

Case 3:10-cv-01223-K Document 1-8

Filed 06/22/10

Page 1 of 2 PageID 87

PLEADING EXHIBIT "G"

DallasCase 3:10-cv-01223-K Document 1-8 Party The Rear View Sketch

Filed 06/22/10

Page 2 of 2 PageID Page 1 of 1 88

Contact Us

972/527 .. 5507
C!JCKTO

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The Rear View Sketch
Very popular Instant Party Favor for next party. What a great party addition for your guests All the artists are very flattering and your guests will have a great time getting their backside drawn . Great for adults and teens . Rear View Sketch, a popular art form that spot lights a person's backside. He has sketched more than 90,000 Rear View Pics for audiences at conventions, corporate functions and private parties all over the world. Rear Views of all shapes and sizes - famous Rear Views, as well as young and old backsides .
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The charcoal sketches that take approximately 2.5 minutes to complete were made famous on a street corner in the historic West End Marketplace, a retail, nightclub and restaurant Mecca in Dailas, Texas

if)2007 Dallas Party.com apart of Mikey B's Perfect Image, LLC. "'10 images or content may \W llsed from this site without expressed written permission.

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Case 3:10-cv-01223-K Document 1-9
!!l>JS 44 (Rev. 10/06)

Filed 06/22/10

Page 1 of 2 PageID 89

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 THE REVERSE OF THE FORM)

I. (a)

PLAINTIFFS Krandel Lee Newton

DEFENDANTS Mikey B's Perfect Image, LLC, and Michael Bergenholtz

(b)

County of Residence of First Listed Plaintiff (EXCEPT IN U.S PLAINTIFF CASES)

County of Residence ofFirst Listed Defendant (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE IHE LOCATION OF THE LAND INVOL VED Attorneys (If Known)

(c)

Attorney's (Firm Name, Address, and Telephone Number) Richard

Commerce St., Suite

1. Schwartz, of Whitaker, Chalk, Swindle & Sawyer, LLP, 301 3500, Fort Worth, IX 76102, (817) 878-0524
(Place an "X" in One Box Only)

II.
01

BASIS OF JURISDICTION

III.

us. Government
Plaintiff

~3 Federal Question

(U S. Government Not a Palty)

CITIZENSHIP OF PRINCIPAL PARTlES(Place an "X" in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) DEF PTF PTF DEF Citizen of Ihis State IncOIporated Of Principal Place 01 01 04 0 4 of Business In Tbis State Citizen of Another State 02 0 2 Incorporated and Principal Place of Business In Another State Foreign Nation 0 5 05

02

U.s. Government Defendant

04 Diversity (Indicate Citizenship of Parties in Item III)

Citizen or Subject of a Foreign Country

03

0

3

0

6

06

I

o 110 Insurance o 120 Marine o 130 Miller Act o 140 Negotiable Instrument o 150 Recovery of Overpayment & Enforcement of Judgment o 151 Medicare Act o 152 Recovery ofDefilUlted

IV. NATURE OF SUIT (Place an "X" in One Box Only) ',>I)jj#/iCONTRAC'ni 'J,) i#>!1# ,,//,/' '////.,J,i?J':' ],'/illTORTS' 0 0 0 0 0 0 0 0 0
'

o o o o o o o o o o

Student Loans (Excl Veterans) 153 Recovery of Overpayment of Veteran's Benefits 160 Stockholders' Suits 190 Other Contract 195 Contract Product Liability 196 Franchise F'ifiREAL PROPERTY' ,fii' ..I g 210 Land CondemnatIon 220 Foreclosure 230 Rent Lease & Ejectment 240 Iorts to Land 245 Iort ProductL iability 290 AlJ Other Real Property

112

o
0

0 0 0 0

PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assaul~ Libel & Slander 330 Federal Employers' Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury CIVIL':RlGHTS' 441 VotIng 442 Employment 443 Housing! Acconunodations 444 Welfare 445 Amer. wlDisabilities Employment 446 Amer. wlDisabilities Other 440 Other Civil Rights

l;~ . ".#1 1#/>>1', .. BANKllU.llTCY 610 Agriculture 422 Appeal 28 USC 158 0 423 Withdrawal 620 Other Food & Drug 0 625 Drug Related Seizure 28 USC 157 0 of Property 21 USC 881 0 PROPEBtTY RIGHTS' j!W;''<-::-.: 0 0 630 Liquor Laws :11 820 Copynghts 0 0 640 R.R. & Truck 830 Patent 0 650 Airline Regs. ~ 840 Trademark 0 660 Occupational 0 SafetylHealtb 0 0 690 Other 0 .,111o,I'\:'j:@1#':MBOBt/it::aK/it' ISOC ALi'SECURITY,,'J#i~ 0 U 710 Fau Labor Standards il1 861 HIA (1395ff) 862 Black Lung (923) Act 0 0 720 LaborlMgmt Relations 0863 DIWCIDIWW (405(g» 864 ssm Title XVI 0 730 LaborlMgmtReporting 0 & Disclosure Act 865 RSI (405(g» 0 FEDERAL TAX SUITS ERISll:l'f:!,).!.U.'ETITJOl'fS [j 0 740 Railway Labor Act 0 870 Taxes (U.S . PlamtIff 1 510 MotIons to Vacate 0 790 Other Labor Litigation 0 0 Sentence or Defendant) 0 791 Emp] Ret Inc 0 Security Act 871 IRS---Third Party Habeas COIPUS: 0 26 USC 7609 0 530 General 0 535 Death Penalty 0 0 540 Mandamus & Other 0 550 Civil Rights 0 555 Prison Condition 0

FORFEITUREm~NALTY

PERSONAL INJURY 0 362 Personal Injury Med. Malpractice 0 365 Personal Injury Product Liability 0 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY 0 370 Other Fraud 0 3 71 Truth in Lending 0 380 Other Personal Property Damage 0 385 Property Damage Product Liability

0 0 0

o o o

'i//i~W.ilRi1STATUlES;",

'W',::I

o o o
o

o

400 State R~apportionment 410 Antitrust 430 Banks and Banking 450 Conunerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 810 Selective Service 850 Securities/Conunodities/ Exchange 875 Customer Challenge 12 USC 3410 890 Other Statutory Actions 891 Agricultwal Acts 892 Econonllc Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom ofInformation Act 900 Appeal of Fee Determination Under Equal Access to Justice 950 Constitutionality of State Statutes Ap eal to Dlstnct fium Magisu'ate Judgment

V. ORIGIN ~ I Original Proceeding

o

(Place an "X" in One Box Only) 2 Removed from 0 State Court

3

Remanded from Appellate Court

0

4

Reinstated or Reopened

0

5

Transfelred from another district (specify)

0

6

Multidisuict Litigation

o

7

Ju~e

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless divHsity): VI. CAUSE OF ACTION Briefdescription of cause: D

15

US . C Section

1051, et seq.,

trademark infringement

VII.

REQUESTED IN COMPLAINT:

CHECK IF THIS IS A CLASS ACTION UNDER F RC P 23

DEMAND $

3 times

actual

CHECK YES only if demanded in complaint: JURY DEMAND:
~ Yes

DNo

VIII. RELATED CASE(S) PENDING OR CLOSED DATE (See instructions): mDGE DOCKET NUMBER

G,Z2-, 1,0/0
RECEIPT # AMOUNT APPLYING IFP GE MAG JUDGE

FOR OFFICE USE ONLY

Case 3:10-cv-01223-K Document 1-9
JS 44. Reverse (Rev. 10/06)

Filed 06/22/10

Page 2 of 2 PageID 90

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading 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 Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. Ifthe plaintiff or defendant is a government agency, use only the full name or standard abbreviations. Ifthe plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S, plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time offiling, In US., plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing, (NOTE: In land condenmation cases, the county of residence of the "defendant" is the location ofthe tract ofland involved ..) (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record., Ifthere are several attorneys, list them on an attachment, noting in this section "(see attachment)" II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), FRC.P, which requires that jurisdictions be shown in pleadings . Place an "X" in one of the boxes, If there is more than one basis of jurisdiction, precedence is given in the order shown below United States plaintiff:. (1) Jurisdiction based on 28 US.,c. 1345 and 1348 . Suits by agencies and officers of the United States are included here, United States defendant (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box, Federal question., (3) This refers to suits under 28 US.,c. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States" In cases where the U ,S, is a party, the US . plaintiff or defendant code takes precedence, and box I or 2 should be marked" Diversity of citizenship,. (4) This refers to suits under 28 U ,S,.C, 1332, where parties are citizens of different states" When Box 4 is checked, the citizenship ofthe different parties must be checked, (See Section III below; federal question actions take precedence over diversity cases ..) III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above., Mark this section for each principal party, Nature of Suit. Place an "X" in the appropriate box" Ifthe nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient IV. to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. Ifthe cause fits more than one nature of suit, select the most definitive, V. Origin . Place an "X" in one of the seven boxes"

Original Proceedings., (I) Cases which originate in the United States district courts" Removed from State Court, (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 US ,C" Section 1441, When the petition for removal is granted, check this box., Remanded from Appellate Court (3) Check this box for cases remanded to the district court for further action., Use the date ofremand as the filing date., Reinstated or Reopened, (4) Check this box for cases reinstated or reopened in the district court, Use the reopening date as the filing date, Transferred from Another District. (5) For cases transferred under Title 28 U,S"c. Section 1404(a), Do not use this for within district transfers or multidistrict litigation transfers, Multidistrict Litigation, (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U ,S ,C. Section 1407 When this box is checked, do not check (5) above" Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge's decision

VI.

Cause of Action . Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes
Example: US . Civil Statute: 47 USC 553 Brief Description: Onauthonzed reception of cable service

unless diversity VII.

Requested in Complaint. Class Action. Place an "X" in this box ifyou are filing a class action under Rule 23, F .R.CvP

Demand, In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction, Jury Demand.. Check the appropriate box to indicate whether or not a jury is being demanded, VIII. Related Cases. This section ofthe JS 44 is used to reference cases that are related to this filing, if any. If a related case exists, whether pending or closed, insert the docket numbers and the corresponding judge names for such cases. A case is "related" to this filing if the case: (I) involves some or all of the same parties and is based on the same or similar claim; (2) involves the same property, transaction, or event; (3) involves substantially similar issues oflaw and fact; and/or (4) involves the same estate in a bankruptcy appeal. Date and Attomey SignatUf'e. Date and sign the civil cover sheet.

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