2020.11.05 Taylor v. Doe Complaint

Case 1:20-cv-04526-SDG Document 1 Filed 11/05/20 Page 1 of 16
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
LOU M. TAYLOR, an individual

Plaintiff,
v. Case No.
JOHN DOE, Instagram subscriber

@fact_check_louise DEMAND FOR JURY TRIAL
Defendant.
COMPLAINT
Plaintiff Lou M. Taylor (“Ms. Taylor”) brings this action against John Doe
(“Defendant”) pursuant to, inter alia the provisions of Section 32(1) of the Lanham
Act, 15 U.S.C. § 1114(1) and Section 43(a) of the Lanham Act, U.S.C. § 1125(a).
Ms. Taylor further alleges and seeks injunctive relief, damages, and other necessary
and proper relief for claims of (1) Georgia’s Deceptive Trade Practices Act; (2) libel;
and (3) attorney’s fees.
NATURE OF THIS ACTION
1. This is a civil action at law and in equity brought under the Lanham Act
to remedy acts of trademark infringement and libel per se caused by the Defendant’s
unauthorized use of Ms. Taylor’s registered trademark LOU TAYLOR® (the

“Mark”) and the Defendant’s defamation of Ms. Taylor on the Instagram account
@fact_check_louise (the “Account”).
2. Defendant is the owner of the Account, which provides informational
services about Ms. Taylor, displays the Mark, features Ms. Taylor’s photograph as
the profile picture, and posts various court documents and photographs of Ms. Taylor
for the purpose of disparaging her professional and personal reputation.
3. Facebook, Inc. (“Facebook”) is the entity that owns Instagram and is in
possession of information concerning the identity of the Defendant, including the
Defendant’s name and email address. Accordingly, by separate motion, Ms. Taylor
will seek this Court’s authorization to conduct discovery from Facebook to obtain
the true identity of the Defendant and will then amend this Complaint to substitute
the actual name of the Defendant to hold him or her liable for infringing on Ms.
Taylor’s Mark and for defaming Ms. Taylor’s professional and personal reputation.
PARTIES
4. Ms. Taylor is a prominent and influential business manager in the sports
and entertainment industries, as well as the CEO of Tri Star Sports & Entertainment
Group (“Tri Star”), which provides business and financial management and
consulting services to world-renowned performers, musicians, actors, writers,
directors, and athletes for the past 28 years.
2
5. Upon information and belief, the Defendant is an individual whose
name and address of residence is unknown.
JURISDICTION AND VENUE
6. This Court has original jurisdiction over the subject matter of this action
pursuant to 15 U.S.C. § 1121 because this action involves trademark law under the
Lanham Act and pursuant to 28 U.S.C. §§ 1331 and 1338 because these claims arise
under 15 U.S.C. §§ 1114(1) and 1125(a).
7. This Court has supplemental jurisdiction over the claims arising under
the laws of Georgia pursuant to 28 U.S.C. § 1367(a) because these claims are related
to the federal claims and form part of the same case or controversy and derive from
a common nucleus of operative fact.
8. Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391(a) and (b)
because: (i) the acts of infringement, defamation, and other wrongful conduct, and/or
a substantial part of the events or omissions giving rise to the claims, occurred in the
Northern District of Georgia; and/or (ii) the Defendant may reside in the Northern
District of Georgia.
FACTUAL ALLEGATIONS
9. Ms. Taylor owns U.S. Trademark Registration No. 6,151,432 for the
Mark for “Business management services; operational business assistance; financial
3
and account auditing; business management services, namely, aircraft management
for others; business risk assessment services; preparing financial reports for others;
new business venture development and formation consulting services; accounting
services; financial auditing; personnel management; business management
consulting, strategic planning and business advisory services provided to individuals
in the fields of sports, business and entertainment; assisting with the formation,
negotiation, and management of commercial contracts; tax preparation; tax and
taxation planning, advice, information and consultancy services” in Class 35; “Real
estate services, namely, real estate acquisitions, real estate brokerage sales and
rentals, and real estate and rental property management; financial services, namely,
financial valuations, financial planning; personal financial management services;
bill payment services; financial trust operations; cash management; financial risk
assessment services; financial management of yacht operations; financial calculation
services for others, namely, royalty calculation; insurance assessment and insurance
coverage advisory services; consulting services in the field of employee benefit
plans concerning insurance and finance; estate consultation in the nature of estate
planning consultation, estate trust management consultation; estate trust
management and planning; processing of medical insurance claims planning” in
Class 36; and “Arranging for travel visas for persons traveling abroad” in Class 39
4
(collectively, the “Services”). A true and accurate copy of the Certificate of
Registration for LOU TAYLOR is attached as Exhibit A.
10. In addition, Ms. Taylor has acquired common law right in the Mark
based on her continuous and widespread use of the Mark in connection with the
marketing, promotion, and rendering of the Services since at least as early as 1992.
11. Upon information and belief, Defendant created the Account in
February of 2020 for the sole purpose of defaming Ms. Taylor’s professional and
personal reputation by distributing false information about Ms. Taylor. In October
of 2020, the username of the Account was changed to @fact_check_louise.
12. The Account features Ms. Taylor’s photograph in the profile picture,
the phrase “Fact Check Lou” as the Account’s name, and the words “Here to call
Lou into the fullest accountability” in the bio section. A screenshot of the Account
is attached as Exhibit B. Additionally, the Account has 47 active posts, the majority
of which feature Ms. Taylor’s Mark and/or falsely accuse Ms. Taylor of serious
crimes, including embezzlement and stalking.
13. Upon information and belief, the Account’s followers believe that the
false accusations and statements about Ms. Taylor are true based on the harassment
and death threats directed at Ms. Taylor. Copies of written death threats to Ms.
Taylor are attached as Exhibit C.
5
14. Based on the Account’s use of the Mark, use of Ms. Taylor’s
photograph in the profile picture, and its 47 posts referencing Ms. Taylor and/or the
Mark, many of Ms. Taylor’s clients and potential clients have become confused or
misled into thinking the Account is associated or affiliated with Ms. Taylor.
15. In a good faith attempt to avoid litigation, Ms. Taylor sought protection
through Instagram by using its take down procedure and reporting that the Account
infringes on Ms. Taylor’s trademark rights in the Mark and violates Instagram’s
guidelines because it promotes the hate, bullying, and harassment of Ms. Taylor. A
copy of the Instagram complaint is attached as Exhibit D.
16. Unfortunately, Instagram responded that it could not remove the
Account because it does not have the authority to make a legal determination as to
whether a post or an account is defamatory, nor can it adjudicate disputes between
third parties.
17. Every minute the Account is active, it violates Ms. Taylor’s valuable
trademark rights in the Mark, where Ms. Taylor has worked to build a strong
reputation and recognition among consumers in the Mark through her use of the
Mark for nearly three decades.
18. Additionally, the Account publicly posts false and defamatory
information about Ms. Taylor, which actively influences the Account’s followers
6
into hating, harassing, and threatening Ms. Taylor and has harmed Ms. Taylor’s
professional and personal reputation.
19. The Defendant’s conduct is continuing, malicious, willful, wanton, and
reckless, without regard to the consequences, or the rights and safety of others,
particularly Ms. Taylor.
COUNT I
TRADEMARK INFRINGEMENT
(15 U.S.C. § 1114(1))
20. Plaintiff incorporates by reference the allegations in Paragraphs 1-3, 9-
12, 14, and 17 of this Complaint.
21. Under Section 32 the Lanham Act, a defendant is liable for trademark
infringement is he or she reproduces, copies, or colorably imitates a registered mark
without permission or consent from the registrant, and uses such mark in commerce
in connection with the sale, distribution, or advertisement, of any goods or services,
in a manner in which such use is likely to cause confusion, mistake, or deception as
to the source, affiliation, or endorsement of the goods or services. Section 32(1) of
the Lanham Act, 15 U.S.C. § 1114(1).
22. The Mark is registered with the U.S. Trademark Office and Ms. Taylor
is the owner of the Mark.
23. Ms. Taylor did not give permission, consent, or a license to the
7
Defendant to use the Mark on the Account.
24. The Defendant’s Account is using the Mark and a username and name
that is confusingly similar to the Mark in connection with the distribution of false
informational services about Ms. Taylor. Indeed, the Account features the Mark and
photographs of Ms. Taylor.
25. Furthermore, the Defendant is using the username @fact_check_louise,
the phrase Fact Check Lou, and Ms. Taylor’s photograph in the Account’s profile
picture. Additionally, nearly every single post on the Account features the Mark
and/or photographs of Ms. Taylor.
26. Moreover, the Defendant had knowledge of the Mark and recklessly
disregarded Ms. Taylor’s rights in the Mark when the Defendant created the
Account.
27. Given that the Account uses the Mark, colorable imitations of the Mark,
displays Ms. Taylor’s photograph in the profile picture, and that the majority of the
Account’s posts reference Ms. Taylor and/or the Mark, Instagram subscribers
looking for information about Ms. Taylor are likely to be confused as to the source,
sponsorship, affiliation, or endorsement of the Account.
28. As a result of the Defendant’s use of the Mark on the Account, Ms.
Taylor has suffered damages and continues to suffer damages in an amount to be
8
determined at trial.
COUNT II
FALSE DESIGNATION OF ORIGIN AND FALSE REPRESENTATION
(15 U.S.C. § 1125(a))
12, 14, 17, and 21-28 of this Complaint.
30. Under Section 43 of the Lanham Act, a defendant is liable under this
statute if he or she uses in commerce any word, term, name, or false or misleading
representation of fact, which is likely to cause confusion, mistake, or deception as to
the affiliation, connection, or association of another person, or is likely to cause
confusion as to the origin, sponsorship, or approval of the goods or services by
another person. Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).
31. The Defendant is using the Mark, which is Ms. Taylor’s trademark and
legal name, on the Account to provide informational services about Ms. Taylor.
32. The Account falsely represents that its informational services about Ms.
Taylor are accurate and creates a likelihood of confusion that Ms. Taylor is
associated with the Account or that Ms. Taylor approves of the Account due to the
extensive use of the Mark and photographs of Ms. Taylor.
33. The Defendant’s use of the Mark on the Account in connection with the
Account’s informational services falsely and misleadingly represents the nature,

9
characteristics, and qualities of Ms. Taylor’s Services rendered under the Mark.
34. Indeed, the Account displays the Mark and provides informational
services in its posts, which falsely accuse Ms. Taylor of serious crimes, such as
embezzlement and stalking.
35. The Defendant’s use of the Mark in connection with the informational
services create a false association with Ms. Taylor.
36. As a result of the Defendant’s use of the Mark on the Account, Ms.
Taylor has suffered and continues to suffer damages in an amount to be determined
at trial.
COUT III
GEORGIA’S DECEPTIVE TRADE PRACTICES ACT
(O.C.G.A. § 10-1-372)
12, 14, 17, 21-28, and 30-36 of this Complaint.
38. Under Georgia statute O.C.G.A. § 10-7-372(a), “a person engages in
deceptive trade practice when, in the course of his business,” if he or she: (i) causes
likelihood of confusion or of misunderstanding as to source, sponsorship, approval,
or certification of goods or services; (ii) causes likelihood of confusion or of
misunderstanding as to affiliation, connection, or association with or certification by
another; (iii) disparages the goods, services, or business of another by false or
10
misleading representation of factor; or (iv) engages in any other conduct which
similarity creates a likelihood of confusion or of misunderstanding.
39. The Defendant designed and created the Account to provide
informational services about Ms. Taylor, where the Defendant is using the
confusingly similar username @fact_check_louise, the phrase Fact Check Lou, and
Ms. Taylor’s photograph in the profile picture, all of which is likely to cause
confusion as to Ms. Taylor’s approval or association with the Account and its
services.
40. Furthermore, the Account features the Mark in connection with
providing false and disparaging statements about Ms. Taylor, which misrepresents
Ms. Taylor’s Services under the Mark.
41. Moreover, the Account publicly posts false accusations and accuses
Mr. Taylor and her company Tri-Star of serious crimes, such as embezzlement and
stalking.
42. As a result, Instagram subscribers are likely to be misled or confused
into thinking that Ms. Taylor is associated with the Account and that the accusations
about Ms. Taylor and her business are true.
43. Additional evidence of confusion and harm the Account has caused Ms.
Taylor is shown in Exhibit C, which includes death threats that Ms. Taylor received
11
from Instagram subscribers that believe the Account’s disparaging statements about
Ms. Taylor are true.
44. As a result of the Defendant’s deceptive practices on the Account, Ms.
Taylor has suffered and continues to suffer damages in an amount to be determined
at trial.
COUNT IV
DEFAMATION – LIBEL PER SE (O.C.G.A. § 15-5-1)
45. Plaintiff incorporates by reference the allegations in Paragraphs 1-3,
11-19, and 38-44 of this Complaint.
46. Under Georgia law, libel is statutorily defined as the “false and
malicious defamation of another expressed in print, writing, pictures, or signs,
tending to injure the reputation of the person and exposing him to public hatred,
contempt, or ridicule. O.C.G.A. § 51-5-1(a).
47. The Defendant designed and created the Account solely for the
malicious purpose of defaming Ms. Taylor’s professional and personal reputation.
48. In fact, the bio section of the Defendant’s Account states that it is s
“Here to call Lou into the fullest accountability” referring to Ms. Taylor and alleged
wrongful acts.
49. Additionally, the Account’s posts are riddled with malicious and false
statements about Ms. Taylor’s business and its clients, displays false accusations
12
about Ms. Taylor, and falsely accuses Ms. Taylor of committing serious crimes, such
as embezzlement and stalking.
50. The posts are not only defamatory to Ms. Taylor’s professional and
personal reputation, but are also harmful to Ms. Taylor’s safety because the
Account’s posts have influenced its followers into believing the false statements and
accusations.
51. As a result, the Account’s followers are bullying and harassing Ms.
Taylor, and some have even escalated to threatening Ms. Taylor’s life. Copies of
such written death threats are shown in Exhibit C.
52. Additionally, the Account has caused many of Ms. Taylor’s clients and
potential clients to terminate or decline doing business with Ms. Taylor due to the
written false accusations made in the Account’s posts.
53. As a result of the Defendant’s libelous posts on the Account, Ms. Taylor
has suffered and continues to suffer damages in an amount to be determined at trial.
COUNT V
ATTORNEY’S FEES
54. Plaintiff incorporates by reference the allegations in Paragraphs 1-53
of this Complaint.
55. Under Georgia law, a jury may allow an award of attorney’s fees if
the party seeking the award has specially pleaded such an award and the party from
13
whom attorney’s fees are sought has acted in bad faith, been stubbornly litigious,
or caused unnecessary trouble and expense. O.C.G.A. § 13-6-11.
56. As a result of the Defendants’ bad faith conduct, Ms. Taylor has been
forced to hire legal counsel, incur substantial attorney’s fees, and caused Ms.
Taylor unnecessary trouble and expense as detailed above.
JURY DEMAND
Plaintiff demands a trial by jury on all issues so triable.
PRAYER FOR RELIEF
WHEREFORE, the Plaintiff requests the following relief:
A. Permanently enjoin and restrain the Defendant from:
i. using the Mark, the username @fact_check_louise, the phrase Fact
Check Lou, photographs of Ms. Taylor, or any other confusingly
similar derivations of the Mark;
ii. doing any other acts calculated or likely to cause confusion or mistake
in the mind of the pubic or to lead persons into the erroneous belief that
the Defendant’s Account and informational services are associated with
or endorsed by Ms. Taylor; and
iii. creating, purchasing, or acquiring any other accounts that are likely to
cause confusion, mistake, or deceive the public;
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B. Direct the Defendant to permanently delete the Account and any other
accounts that are likely to cause confusion, mistake, or deceive the public;
C. Direct the Defendant to never use any false designation of origin, false
representation, or any false or misleading description of fact, which is likely
to lead the consuming public or individual members thereof, to believe that
any of the services offered, promoted, provided, or otherwise distributed by
the Defendant is in any manner associated or connected with Ms. Taylor or
her business, or is licensed, approved, or authorized in any way by Ms. Taylor
and her business;
D. Require Defendant, under 15 U.S.C. § 1117, to pay damages sustained by Ms.
Taylor by reason of the Defendant’s acts complained of herein;
E. Impose trebled damages against Defendant for its willful trademark
infringement, under 15 U.S.C. § 1117;
F. Award Ms. Taylor reasonable attorney’s fees, costs, and disbursements
incurred on account of this civil action; and
G. Award Ms. Taylor such other and further relief as the Court may deem just
and proper.
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Respectfully submitted this 5th day of November 2020.
/Marcy L. Sperry/
Marcy L. Sperry, Esq.
Georgia Bar No. 455561
[email protected]
Melissa F. Castro, Esq.

Georgia Bar No. 384781
[email protected]
Sperry IP Law d/b/a Vivid IP

3017 Bolling Way, NE
Atlanta, Georgia 30305
(404) 474-1600
16
Case 1:20-cv-04526-SDG Document 1-1 Filed 11/05/20 Page 1 of 3
EXHIBIT A
Reg. No. 6,151,432 Lou Taylor (UNITED STATES INDIVIDUAL)

2. Stockwerk
Registered Sep. 15, 2020 9255 Sunset Blvd
West Hollywood, CALIFORNIA 90069
Int. Cl.: 35, 36, 39 CLASS 35: Business management services; operational business assistance; financial and
account auditing; business management services, namely, aircraft management for others;
Service Mark business risk assessment services; preparing financial reports for others; new business venture
development and formation consulting services; accounting services; financial auditing;
Principal Register personnel management; business management consulting, strategic planning and business
advisory services provided to individuals in the fields of sports, business and entertainment;
assisting with the formation, negotiation, and management of commercial contracts; tax
preparation; tax and taxation planning, advice, information and consultancy services
FIRST USE 00-00-1992; IN COMMERCE 00-00-1992
CLASS 36: Real estate services, namely, real estate acquisitions, real estate brokerage sales
and rentals, and real estate and rental property management; financial services, namely,
financial valuations, financial planning; personal financial management services; bill payment
services; financial trust operations; cash management; financial risk assessment services;
financial management of yacht operations; financial calculation services for others, namely,
royalty calculation; insurance assessment and insurance coverage advisory services;
consulting services in the field of employee benefit plans concerning insurance and finance;
estate consultation in the nature of estate planning consultation, estate trust management
consultation; estate trust management and planning; processing of medical insurance claims
planning
CLASS 39: Arranging for travel visas for persons traveling abroad
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY

PARTICULAR FONT STYLE, SIZE OR COLOR
The Name "LOU TAYLOR" identifies a living individual whose consent is of record.
SER. NO. 88-754,609, FILED 01-10-2020

REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION
WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE

DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
Requirements in the First Ten Years*

What and When to File:
• First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th
and 6th years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted,
the registration will continue in force for the remainder of the ten-year period, calculated from the
registration date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
• Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and
an Application for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C.
§1059.
Requirements in Successive Ten-Year Periods*

What and When to File:
• You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
between every 9th and 10th-year period, calculated from the registration date.*
Grace Period Filings*
The above documents will be accepted as timely if filed within six months after the deadlines listed above
with the payment of an additional fee.
*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with

an extension of protection to the United States under the Madrid Protocol must timely file the Declarations of
Use (or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office
(USPTO). The time periods for filing are based on the U.S. registration date (not the international registration
date). The deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to
those for nationally issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international
registrations do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the
underlying international registration at the International Bureau of the World Intellectual Property
Organization, under Article 7 of the Madrid Protocol, before the expiration of each ten-year term of
protection, calculated from the date of the international registration. See 15 U.S.C. §1141j. For more
information and renewal forms for the international registration, see http://www.wipo.int/madrid/en/.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online
at http://www.uspto.gov.
NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
owners/holders who authorize e-mail communication and maintain a current e-mail address with the
USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
Electronic Application System (TEAS) Correspondence Address and Change of Owner Address
Forms available at http://www.uspto.gov.
Page: 2 of 2 / RN # 6151432
EXHIBIT B
EXHIBIT C
ase 1:20-cv-04526-SDG Document 1-3 Filed 11/05/20 Page 8 of
ase 1:20-cv-04526-SDG Document 1-3 Filed 11/05/20 Page 13 of 3
4526-SDG Document 1-3 Filed 11/05/20
EXHIBIT D
From: Instagram
To: Melissa Castro
Subject: Intellectual Property Report #3355026947907653
Date: Friday, September 18, 2020 2:10:20 PM
The Instagram Team received a report from you. For reference, your complaint number is 3355026947907653.
Please note that this channel is only for reports of alleged infringements or violations of your legal rights, such as
copyright or trademark. If you filed that type of report, no further action is necessary. However, if you contacted us
through this channel about another matter, you might not receive a response.
If you're not confident that your issue concerns intellectual property rights, please consult the Intellectual Property
section of the Help Center for additional information. There you will find links to contact forms for submitting
reports:
IP Help Center:
http://help.instagram.com/535503073130320/?ref=cr
Please note that we regularly provide the rights owner's name, your email address and the nature of your report to
the person who posted the content you are reporting. You may wish to provide a professional or business email
address for contact by users.
For help with matters other than infringement/violation of your legal rights, the links below may be helpful:
Hacked Accounts:
Impersonation Accounts:
Underage Children:
Abuse and Spam:

Exposed Private Information:

If the links above do not contain the information you are looking for, you may want to search the Help Center for
more assistance:
http://help.instagram.com/?ref=cr
As a reminder, if your submission contains a report of alleged infringement/violation of your legal rights, no further
action is necessary. We will look into your matter shortly.
Thanks,
The Instagram Team
--------------------------
To be sure you're in the right place, what best describes your issue? : I found content which I believe infringes my
trademark
Who owns the trademark? : My client

Your name (name and surname) : Marcy L. Sperry, Esq.
Your organization : Vivid IP
Your relationship to the rights owner : I am legal counsel to the rights owner (in-house or outside).
Mailing address : 3017 Bolling Way NE Atlanta, Georgia 30305
Phone number : 4044741600
Email address : [email protected]
Confirm your email address : [email protected]
Name of the rights owner : Lou Taylor
Please provide a link to the rights owner's official online presence. : https://loutaylor.net/ ;
https://www.instagram.com/loumtaylor/?hl=en
What is your trademark? : LOU TAYLOR
Where is your trademark registered? : U.S.
What is your trademark registration number (if applicable)? : 6151432
Which categories of goods and/or services are covered by your registration? : Class 35: Business management
services; operational business assistance; financial and account auditing; business management services, namely,
aircraft management for others; business risk assessment services; preparing financial reports for others; new
business venture development and formation consulting services; accounting services; financial auditing; personnel
management; business management consulting, strategic planning and business advisory services provided to
individuals in the fields of sports, business and entertainment; assisting with the formation, negotiation, and
management of commercial contracts; tax preparation; tax and taxation planning, advice, information and
consultancy services.
Class 36: Real estate services, namely, real estate acquisitions, real estate brokerage sales and rentals, and real estate
and rental property management; financial services, namely, financial valuations, financial planning; personal
financial management services; bill payment services; financial trust operations; cash management; financial risk
assessment services; financial management of yacht operations; financial calculation services for others, namely,
royalty calculation; insurance assessment and insurance coverage advisory services; consulting services in the field
of employee benefit plans concerning insurance and finance; estate consultation in the nature of estate planning
consultation, estate trust management consultation; estate trust management and planning; processing of medical
insurance claims planning
Class 39: Arranging for travel visas for persons traveling abroad
If possible, please provide a link (URL) leading directly to your trademark registration. :
http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:qlix4o.2.1
What type of content are you reporting? : An entire account
Please provide links (URLs) or broadcast IDs leading directly to the specific content you are reporting. :
https://www.instagram.com/fact_check_lou/?hl=en
Please describe how you believe this content infringes your trademark. : Lou Taylor, a prominent and influential
business manager in the sports and entertainment industries, owns the registered trademark LOU TAYLOR (the
“Mark”) for use in connection with business management and financial services, which is subject to U.S. Trademark
Registration No. 6,151,432. The Mark has been in continuous use since 1992 and has gained a strong reputation and
tremendous good will through Ms. Taylor’s extensive promotion of the Mark. This account @fact_check_lou
infringes on the Mark because its username contains the Mark without authorization or permission from Ms.
Taylor. Given the substantial similarities between the Mark and the @fact_check_lou username, the account
@fact_check_lou is likely to cause confusion among clients, prospective clients, fans, and associates who are
searching for Ms. Taylor online. Such clients and associates can find the account @fact_check_lou and mistakenly
believe that Ms. Taylor is associated with this account or that any of the posts about Ms. Taylor are authorized by
her.
Recently, Ms. Taylor filed a similar Instagram Report for trademark infringement against @loumtaylorsource, an
account being used to disparage and defame Ms. Taylor by posting numerous media articles and documents from
public records while referring to Ms. Taylor as “Loucifer.” Instagram found that that account was infringing on Ms.
Taylor’s mark and removed it.
Similarly, the account @fact_check_lou is being used in an analogous manner to the @loumtaylorsource infringing
account because the @fact_check_lou account is solely used to disparage and defame Ms. Taylor. This account
posts court filings from Ms. Taylor’s recent trademark infringement and defamation lawsuit against Bryan Kuchar,
who was heavily involved with the @loumtaylorsource account, as well as filings from Ms. Taylor’s UDRP
complaint against the domain name loumtaylor.com, which was also found to be infringing and subsequently
removed by WIPO. The account also posts news articles that malign Ms. Taylor’s hard-earned reputation and
defame her. There are also numerous comments referring to Ms. Taylor as “Loucifer,” which was a central issue in
the defamation claim against Bryan Kuchar. As such, the information posted on the account @fact_check_lou is
harassing and defamatory towards Ms. Taylor and is infringing on the Mark. Thus, Instagram should remove this
account immediately.
Do you agree? : yes
Electronic signature : Marcy L. Sperry, Esq.

2020.11.05 Taylor v. Doe Complaint

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Case 1:20-cv-04526-SDG Document 1 Filed 11/05/20 Page 1 of 16

IN THE UNITED STATES DISTRICT COURT

LOU M. TAYLOR, an individual

JOHN DOE, Instagram subscriber

and (3) attorney’s fees.

NATURE OF THIS ACTION

unauthorized use of Ms. Taylor’s registered trademark LOU TAYLOR® (the

@fact_check_louise (the “Account”).

2. Defendant is the owner of the Account, which provides informational

for the purpose of disparaging her professional and personal reputation.

3. Facebook, Inc. (“Facebook”) is the entity that owns Instagram and is in

possession of information concerning the identity of the Defendant, including the

4. Ms. Taylor is a prominent and influential business manager in the sports

consulting services to world-renowned performers, musicians, actors, writers,

directors, and athletes for the past 28 years.

5. Upon information and belief, the Defendant is an individual whose

name and address of residence is unknown.

JURISDICTION AND VENUE

under 15 U.S.C. §§ 1114(1) and 1125(a).

a common nucleus of operative fact.

8. Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391(a) and (b)

Mark for “Business management services; operational business assistance; financial

and account auditing; business management services, namely, aircraft management

new business venture development and formation consulting services; accounting

services; financial auditing; personnel management; business management

consulting, strategic planning and business advisory services provided to individuals

negotiation, and management of commercial contracts; tax preparation; tax and

financial valuations, financial planning; personal financial management services;

assessment services; financial management of yacht operations; financial calculation

coverage advisory services; consulting services in the field of employee benefit

planning consultation, estate trust management consultation; estate trust

management and planning; processing of medical insurance claims planning” in

(collectively, the “Services”). A true and accurate copy of the Certificate of

Registration for LOU TAYLOR is attached as Exhibit A.

11. Upon information and belief, Defendant created the Account in

personal reputation by distributing false information about Ms. Taylor. In October

of 2020, the username of the Account was changed to @fact_check_louise.

crimes, including embezzlement and stalking.

Taylor are attached as Exhibit C.

copy of the Instagram complaint is attached as Exhibit D.

16. Unfortunately, Instagram responded that it could not remove the

whether a post or an account is defamatory, nor can it adjudicate disputes between

Mark for nearly three decades.

18. Additionally, the Account publicly posts false and defamatory

professional and personal reputation.

19. The Defendant’s conduct is continuing, malicious, willful, wanton, and

particularly Ms. Taylor.

20. Plaintiff incorporates by reference the allegations in Paragraphs 1-3, 9-

12, 14, and 17 of this Complaint.

infringement is he or she reproduces, copies, or colorably imitates a registered mark

in connection with the sale, distribution, or advertisement, of any goods or services,

in a manner in which such use is likely to cause confusion, mistake, or deception as

to the source, affiliation, or endorsement of the goods or services. Section 32(1) of

the Lanham Act, 15 U.S.C. § 1114(1).

is the owner of the Mark.

Defendant to use the Mark on the Account.

photographs of Ms. Taylor.

25. Furthermore, the Defendant is using the username @fact_check_louise,

and/or photographs of Ms. Taylor.

sponsorship, affiliation, or endorsement of the Account.

Taylor has suffered damages and continues to suffer damages in an amount to be

29. Plaintiff incorporates by reference the allegations in Paragraphs 1-3, 9-

12, 14, 17, and 21-28 of this Complaint.

representation of fact, which is likely to cause confusion, mistake, or deception as to