Polar Music International A.B. v. Handshake Ltd. Et Al

Case 1:21-cv-10341 Document 1 Filed 12/03/21 Page 1 of 24
David Donahue ([email protected])

Jason D. Jones ([email protected])
Daniel M. Nuzzaci ([email protected])
FROSS ZELNICK LEHRMAN & ZISSU, P.C.
151 West 42nd Street, 17th Floor
New York, New York 10036
Phone: (212) 813-5900
Counsel for Plaintiff Polar Music International A.B.
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
POLAR MUSIC INTERNATIONAL A.B.,
Plaintiff, Case No. ___________
v.
HANDSHAKE LTD., TAL ENTERTAINMENT

LTD., JAMES STUART LITTLEWOOD, and
TODD LITTLEWOOD,
Defendants.
COMPLAINT
Plaintiff Polar Music International A.B. (“Plaintiff”), by its undersigned attorneys, for its
Complaint against Defendants Handshake Ltd. (“Handshake”), TAL Entertainment Ltd. (“TAL
Entertainment”), James Stuart Littlewood, and Todd Littlewood (collectively, “Defendants”),
alleges as follows:
NATURE OF THE ACTION
1. Plaintiff brings this action asserting claims for trademark counterfeiting and
infringement, dilution, unfair competition, and cybersquatting to halt the brazen attempt by
Defendants to trade on the goodwill and cachet of the internationally-famous and world-
renowned musical group ABBA.
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2. Plaintiff owns the famous, registered, and incontestable ABBA trademark and
service mark (the “ABBA Mark”), which Plaintiff, its predecessors, and its licensees have used
for decades in connection with musical sound recordings and related merchandise for the musical
group ABBA.
3. Defendants are trading on the goodwill and cachet associated with the famous
ABBA mark by promoting and performing live and recorded performances by a musical act
called ABBA MANIA, which exclusively performs songs by ABBA, and by owning and
operating the website associated with the domain name abbamania.com. Defendants market the
performances under the ABBA MANIA mark (the “Infringing ABBA MANIA Mark”) on their
respective websites, social media pages, and YouTube.
4. To halt Defendants’ parasitic and bad-faith conduct, Plaintiff brings this action on
the following grounds: (i) counterfeiting of a federally registered trademark in violation of
Section 32(1) of the U.S. Trademark Act of 1946, as amended (“Lanham Act”), 15 U.S.C.
§ 1114(1); (ii) infringement of a federally registered trademark in violation of Section 32(1) of
the Lanham Act, 15 U.S.C. § 1114(1); (iii) unfair competition and false advertising in violation
of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a); (iv) dilution in violation of Section
43(c) of the Lanham Act, 15 U.S.C. § 1125(c); (v) cybersquatting in violation of Section 43(d) of
the Lanham Act, 15 U.S.C. § 1125(d); (vi) unfair competition in violation of New York common
law; (vii) dilution in violation of N.Y. Gen. Bus. Law § 360-l; and (viii) use of a name with
intent to deceive in violation of N.Y. Gen. Bus. Law § 133. Plaintiff seeks injunctive relief,
statutory damages, damages, Defendants’ profits, attorney’s fees and expenses—all pursuant to
Section 35 of the Lanham Act, 15 U.S.C. § 1117—and such other relief as the Court deems just
and proper.
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THE PARTIES
5. Plaintiff Polar Music International A.B. is a joint stock company (aktiebolag) duly
organized and existing under the laws of Sweden with a principal place of business in
Stockholm, Sweden.
6. Upon information and belief, Defendant Handshake Ltd. is a private limited
company existing under the laws of the United Kingdom with a registered office address at Ship
Canal House, 98 King Street, Manchester, England M2 4WU.
7. Upon information and belief, Defendant TAL Entertainment Ltd. is a private
limited company existing under the laws of the United Kingdom with a registered office address
at Vt. Accountancy, Unit E5, Telford Road, Bicester, England OX26 4LD.
8. Upon information and belief, Defendant James Stuart Littlewood is an individual
residing in the United Kingdom with an address at Burnedge House Burnedge Lane, Grasscroft,
Oldham, Lancashire, England OL4 4EB.
9. Upon information and belief, Defendant Todd Littlewood is an individual residing
in the United Kingdom with an address at Vt. Accountancy, Unit E5, Telford Road, Bicester,
England OX26 4LD.
JURISDICTION AND VENUE
10. The Court has original jurisdiction over the subject matter of this action pursuant
to Section 39 of the Lanham Act, 15 U.S.C. § 1121, because this action arises from Defendants’
unauthorized and unlawful use of the Infringing ABBA MANIA Mark, which infringes upon
Plaintiff’s trademark rights in the ABBA Mark. The Court also has subject matter jurisdiction
under 28 U.S.C. §§ 1331 and 1338(a) & (b) because this action presents a federal question under
the Lanham Act. The Court has supplemental jurisdiction over the related state law claims
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pursuant to Section 1367(a) of the Judicial Code, 28 U.S.C. § 1367(a).
11. The Court has personal jurisdiction over Defendants pursuant to N.Y. C.P.L.R.
§§ 302(a)(1)-(3) because, upon information and belief, Defendants (i) transact business within
New York State by offering live musical performances and concert services therein, including a
musical performance that is scheduled to take place in this judicial district (namely, in
Middletown, New York) in February 2022 and for which tickets are already on sale to consumers
in New York; (ii) have engaged in tortious conduct within New York State, including through
the marketing, promotion, advertising, sale, and/or offering for sale of services under the
Infringing ABBA MANIA Mark that are offered in New York State; (iii) have engaged in
tortious conduct outside New York State causing injury within this judicial district and state,
including through the marketing, promotion, advertising, sale, and/or offering for sale of services
under the Infringing ABBA MANIA Mark that are targeted at New York consumers;
(iv) regularly do and solicit business within New York State and have derived substantial
revenue from services rendered therein; and (v) expect or reasonably should expect their acts to
have consequences within this judicial district and state and derive substantial revenue from
interstate or international commerce.
12. Venue is proper pursuant to 28 U.S.C. §§ 1391(b) and (c) because a substantial
part of the events giving rise to the claims asserted herein occurred in this District and because
Defendants are subject to this Court’s personal jurisdiction with respect to this action.
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FACTS COMMON TO ALL CLAIMS FOR RELIEF
A. Plaintiff and Its Famous ABBA Mark
13. ABBA is a world-renowned Swedish pop group consisting of band members
Agnetha Fältskog, Björn Ulvaeus, Benny Andersson, and Anni-Frid Lyngstad that was formed
in Stockholm, Sweden in 1972.
14. Since the band’s founding, Plaintiff has been the corporate entity responsible for
ABBA’s affairs, including the production and release of its music; the arranging and promotion
of its tours; and the ownership, administration, and licensing of its intellectual property—
including, without limitation, the famous ABBA Mark.
15. ABBA achieved nearly instantaneous and meteoric fame when the group won the
Eurovision Song Contest in 1974 with the hit song “Waterloo.” By 1976, ABBA had firmly
established themselves as one of the most popular musical groups in the world. Over the course
of the band’s career, Plaintiff released nine albums under the ABBA Mark and charted twenty
singles on the United States’ Billboard Hot 100, fourteen of which made the top forty. Four of
those singles reached the top ten in the United States, including “Dancing Queen” and “Take a
Chance on Me,” which were certified gold for sales of over one million copies each.
16. The ABBA Mark has appeared in connection with all of the albums and singles
released by Plaintiff for ABBA. To date, Plaintiff has sold almost 400 million ABBA records
worldwide, making ABBA one of the best-selling musical groups of all time. ABBA’s success
resulted in the group being inducted into the Rock and Roll Hall of Fame in 2010.
17. The ABBA Mark also has appeared in connection with all of ABBA’s musical
concerts, tours, and on all the accessories and merchandise sold in connection with those events,
including t-shirts, posters, souvenirs, and on other similar merchandise licensed by Plaintiff.
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18. The group’s success is not limited to musical sound recordings. In 1999, ABBA’s
music was adapted into the musical titled Mamma Mia!—which ran on Broadway from October
2001 through September 2015 and which has toured all over the world. A film version of the
Mamma Mia! musical starring Meryl Streep, Amanda Seyfried, Pierce Brosnan, Colin Firth, and
Stellan Skarsgård was released in 2008. The film went on to become one of the highest-grossing
films in the United States that year, leading to a sequel released in 2018 entitled Mamma Mia!
Here We Go Again, which likewise featured ABBA’s music.
19. ABBA’s success has not gone unnoticed by the courts. As early as 1983, the
United States Court of Appeals for the Federal Circuit explained that ABBA is a musical group
that “has been extremely successful in the United States and throughout the world.” In re Polar
Music Int’l AB, 221 U.S.P.Q. 315, 316 (Fed. Cir. 1983).
20. Plaintiff (including its predecessors-in-interest and licensees) has for many years
continuously used—and is currently using—the ABBA Mark in interstate and foreign commerce
in connection with entertainment-related goods and services and a wide array of promotional
merchandise. Indeed, all of the phenomenally successful entertainment goods and services
mentioned above were offered in connection with the ABBA Mark.
21. Plaintiff owns the domain name abbasite.com and operates a website at this
domain name to promote and offer for sale entertainment-related goods and services and a wide
array of promotional merchandise under the ABBA Mark.
22. The ABBA Mark is an inherently distinctive and strong trademark that is entitled
to a broad scope of protection.
23. As a result of Plaintiff’s investment of time, effort, and resources to promote
ABBA and the extensive, exclusive, and continuous use of the ABBA Mark—and by virtue of
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the quality of the goods and services offered thereunder—consumers have come to associate the
ABBA Mark as exclusively identifying Plaintiff’s goods and services. As such, the ABBA Mark
has developed extensive consumer recognition and has become a famous mark in the United
States and throughout the world. Today, the ABBA Mark is one of Plaintiff’s most valuable
intellectual property assets and represents enormous goodwill.
24. As a testament to ABBA’s enduring fame, there has been extensive news
coverage in recent years relating to ABBA’s new forthcoming digital entertainment experience,
which celebrates the approaching 50th anniversary of the band’s founding. To promote the
project, ABBA has recorded—and Plaintiff will release—several new songs, which will be
featured in a pre-recorded television special that is set to air in 2022, with a tour featuring
holographic images of ABBA’s members to follow.
25. To further protect its rights in the ABBA Mark, Plaintiff has secured and
maintains several federal trademark registrations for the ABBA Mark in connection with a
variety of goods and services, including the following:
Mark Reg. No. Reg. Date Goods and Services

IC 41: Musical entertainment services by a vocal and
ABBA 1,072,394 8/30/1977
instrumental group
IC 41: Musical entertainment services by a vocal and
1,072,398 8/30/1977
instrumental group
IC 21: Porcelain and earthenware beverage
glassware
ABBA 3,389,319 11/18/2003
IC 25: T-shirts, and sweaters
IC 9: Pre-recorded audio tapes, discs and cassettes,
video tapes, discs and cassettes, digital audio and
audio video tapes and discs, CDs and DVDs and
phonograph records featuring music and
ABBA 3,862,613 10/19/2010
entertainment; theatrical and musical sound and
video recordings; downloadable ring tones, music,
MP3 files, graphics, images and videos for wireless
communication devices in the field of music and
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entertainment; downloadable music, MP3 files,

graphics, images and videos in the field of music and
entertainment
IC 16: Books and magazines in the fields of music,

entertainment, art and/or culture; address books;
appointment books; calendars; greeting cards; post
ABBA 4,125,830 4/10/2012
cards; pen and pencil cases; pencil sharpeners; pens;
pencils; date books; bumper stickers; decals; note
pads; stickers; posters; trading cards; stationery
IC 35: computerized on-line ordering services in the

field of music; computerized online retail store
services in the field of music; computerized on-line
gift ordering services which matches the gift giver’s
requirements with the gift recipient's wants and
needs; on-line retail store services featuring
downloadable pre-recorded music and audio-visual
ABBA 4,347,054 6/4/2013 content featuring music and music-related
entertainment and clothing; organization of
promotions using audio-visual media; preparing
audio-visual displays in the field of music; providing
information about the goods and services of others
via a global computer network; retail store services
available through computer communications and
interactive television featuring CD’s, DVD’s
26. The above registrations are valid, subsisting, and in full force and effect.
Moreover, Plaintiff’s registrations have become incontestable pursuant to Section 15 of the
Lanham Act, 15 U.S.C. § 1065, and therefore serve as conclusive evidence of the validity of the
mark, of Plaintiff’s ownership of the mark, and of Plaintiff’s exclusive right to use the mark in
connection with the goods and services identified in the registrations. See 15 U.S.C. § 1115(b).
27. Plaintiff’s federal trademark registrations also place others, including Defendants,
on constructive notice of Plaintiff’s rights in the ABBA Mark. See 15 U.S.C. § 1072.
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B. Defendants’ Misappropriation of the ABBA Mark
28. Defendants are trading on the goodwill and cachet of the famous ABBA Mark by
using the Infringing ABBA MANIA Mark to market, promote, and sell tickets to live musical
performances featuring an ABBA cover band.
29. Defendants include the term “official” and “original” in many of their marketing
materials, website pages, and social media handles, which gives consumers the impression that
there is some kind of association, affiliation, or sponsorship between ABBA and ABBA
MANIA.
30. Defendants promote their live musical performances and concerts using the
Infringing ABBA MANIA Mark on their respective websites, on social media, and on YouTube.
31. In connection with their infringing activities, Defendants have registered and are
using the domain name abbamania.com that incorporates Plaintiff’s ABBA Mark in its entirety
(the “Infringing Domain Name”). Defendants operate a website associated with the Infringing
Domain Name where they promote their services under the Infringing ABBA MANIA Mark.
32. The ABBA MANIA website associated with the Infringing Domain Name
advertises that the ABBA MANIA 2021 USA Tour will take place through fall 2021 and/or early
2022, with “more dates to follow.” Upon information and belief, the ABBA MANIA tour will
have a performance in Middletown, New York, at the Paramount Theatre in February 2022. See
https://middletownparamount.showare.com/eventperformances.asp?evt=127. Upon information
and belief, tickets for this New York performance went on sale on September 17, 2021, and are
currently on sale.
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33. Defendants have not obtained written consent from Plaintiff or any representative
of Plaintiff to use the ABBA Mark or Infringing ABBA MANIA Mark, or to register or operate
the Infringing Domain Name.
34. The goods and services offered by Defendants under the Infringing ABBA
MANIA Mark are not approved by Plaintiff or any representative of Plaintiff.
35. Defendants’ use of the Infringing ABBA MANIA Mark and registration and use
of the Infringing Domain Name began long after Plaintiff began using the ABBA Mark and long
after the ABBA Mark became exclusively associated with Plaintiff and famous in the United
States.
36. When offering goods and services under the Infringing ABBA MANIA Mark,
Defendants target consumers who are familiar with—and who are customers of—Plaintiff’s
goods and services offered under the ABBA Mark.
37. Upon information and belief, Defendants had actual knowledge of Plaintiff’s
exclusive rights in the ABBA Mark when they adopted the Infringing ABBA MANIA Mark and
registered the Infringing Domain Name, and they are aware that use of the Infringing ABBA
MANIA Mark and the Infringing Domain Name violates Plaintiff’s rights. Upon information and
belief, Defendants are using a counterfeit of the ABBA Mark to illegally trade on and benefit
from the recognition and goodwill of Plaintiff’s ABBA Mark.
38. On June 17, 2021, Plaintiff sent a cease and desist letter to Defendants Handshake
and TAL Entertainment (the “Cease and Desist Letter”), a copy of which is attached hereto as
Exhibit A. The Cease and Desist letter set forth the foregoing facts and asserted claims for
federal trademark infringement, unfair competition, dilution, and related state law claims.
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39. On October 11, 2021, Plaintiff sent a follow-up letter to Defendants’ counsel
regarding Plaintiff’s claims and, in an attempt to amicably resolve this dispute, explained how
Defendants could properly use the phrase “ABBA Tribute” in a non-confusing manner to
describe their tribute act so long as the actual name of the tribute act did not include the word
ABBA. But Defendants refused to comply and cease use of the name ABBA MANIA.
40. Notwithstanding the fact that Defendants have been on actual notice of Plaintiff’s
rights, Defendants have continued to promote and offer goods and services bearing the Infringing
ABBA MANIA Mark.
C. Injury to Plaintiff Resulting from Defendants’ Infringing Conduct
41. Defendants’ unauthorized use of the Infringing ABBA MANIA Mark and
Infringing Domain Name for commercial purposes is damaging Plaintiff.
42. Defendants’ unauthorized use of the Infringing ABBA MANIA Mark and the
Infringing Domain Name is (i) likely to falsely suggest an association, affiliation, or sponsorship
between Plaintiff and Defendants or between the goods and services of Plaintiff and Defendants;
and (ii) likely to continue to create confusion, since consumers will incorrectly assume that
Defendants’ ABBA MANIA services are authorized or endorsed by, or otherwise associated or
connected with those of Plaintiff.
43. Defendants’ use of the Infringing ABBA MANIA Mark and the Infringing
Domain Name is in bad-faith and is intentionally fraudulent, malicious, willful, and wanton.
44. Defendants’ unauthorized acts as described herein have caused and will continue
to cause irreparable damage to Plaintiff’s business and goodwill unless restrained by this Court.
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FIRST CLAIM FOR RELIEF

TRADEMARK COUNTERFEITING, 15 U.S.C. § 1114(1)
45. Plaintiff repeats the allegations set forth in Paragraphs 1 through 44 as if fully set
forth herein.
46. The ABBA Mark has been used continuously and/or registered by Plaintiff since a
date prior to any date on which Defendants can rely for any claim of rights in the Infringing
ABBA MANIA Mark.
47. The earliest date upon which Defendants can rely in support of any claimed rights
in the Infringing ABBA MANIA Mark is long after the use, registration, and acquisition of rights
in the ABBA Mark by Plaintiff. As such, Plaintiff’s rights in the ABBA Mark are prior and
superior to any rights Defendants may claim in the Infringing ABBA MANIA Mark. The
continued use of the Infringing ABBA MANIA Mark is inconsistent with Plaintiff’s prior rights
in and statutory grant of exclusivity of use of the ABBA Mark.
48. The Infringing ABBA MANIA Mark is identical with or substantially
indistinguishable from the ABBA Mark, since it incorporates the ABBA Mark in its entirety.
Defendants’ addition of the term MANIA does not serve a source identifying function or
otherwise distinguish the Infringing ABBA MANIA Mark from the ABBA Mark since MANIA
is descriptive of the purportedly high-energy live musical performance and concert services
offered by Defendants. Moreover, Defendants’ use of the term “official” and “original” in
connection with the Infringing ABBA MANIA Mark gives consumers the impression that the
Infringing ABBA MANIA Mark is associated or affiliated with Plaintiff and the ABBA Mark.
49. The services offered by Defendants under the Infringing ABBA MANIA Mark
are identical to both the services offered by Plaintiff under the ABBA Mark and the services for
which the ABBA Mark is registered.
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50. The services offered by Defendants under the Infringing ABBA MANIA Mark
are targeted towards the same consumers who purchase services offered by Plaintiff under the
ABBA Mark.
51. Defendants’ infringement of the ABBA Mark is willful, in bad faith, and intended
to trade on the goodwill and cachet of Plaintiff’s ABBA Mark.
52. Because the Infringing ABBA MANIA Mark incorporates the federally-registered
ABBA Mark in its entirety without Plaintiff’s consent and is used in connection with services
that are identical to those provided and registered by Plaintiff under the ABBA Mark, the
Infringing ABBA MANIA Mark constitutes a “counterfeit mark” under Section 34(d)(1)(B) of
the Lanham Act, 15 U.S.C. § 1116(d)(1)(B).
53. Defendants’ continued use of the Infringing ABBA MANIA Mark constitutes
counterfeiting and is likely to cause confusion, cause mistake, or deceive the public into the false
belief that the services offered by Defendants under the Infringing ABBA MANIA Mark come
from or are otherwise sponsored by or connected with Plaintiff in violation of Section 32(1) of
the Lanham Act, 15 U.S.C. § 1114(1).
54. Defendants’ aforementioned conduct is causing irreparable injury to Plaintiff’s
goodwill and reputation, and Defendants’ continued use of the Infringing ABBA MANIA Mark
will both damage Plaintiff as well as deceive and threaten harm to the public unless the conduct
is permanently enjoined by this Court.
55. Plaintiff has no adequate remedy at law.
SECOND CLAIM FOR RELIEF

FEDERAL TRADEMARK INFRINGEMENT, 15 U.S.C. § 1114(1)
forth herein.
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57. Based on Plaintiff’s prior rights in the ABBA Mark, the strength and fame of the
ABBA Mark, the similarity of the ABBA Mark and the Infringing ABBA MANIA Mark, the
identity and/or relatedness of the parties’ respective goods and services, the overlap in the
parties’ targeted consumers, and Defendants’ bad-faith adoption of the Infringing ABBA
MANIA Mark, consumers are likely to be deceived into falsely believing that the services
offered by Defendants under the Infringing ABBA MANIA Mark originate from or are
otherwise associated with or endorsed by Plaintiff, or that there is some relationship between
Plaintiff and Defendants or the goods and services of Plaintiff and the services of Defendants, all
to Plaintiff’s injury and harm.
58. Defendants’ continued use of the Infringing ABBA MANIA Mark constitutes
infringement of the federally-registered ABBA Mark and is likely to cause confusion, cause
mistake, or deceive the public into the false belief that the services offered by Defendants under
the Infringing ABBA MANIA Mark come from or are otherwise sponsored by or connected with
Plaintiff in violation of Section 32(1) of the Lanham Act, 15 U.S.C. § 1114(1).
goodwill and reputation, and Defendants’ continued use of the Infringing ABBA MANIA Mark
will both damage Plaintiff as well as deceive and threaten harm to the public unless the conduct
is permanently enjoined by this Court.
THIRD CLAIM FOR RELIEF

FEDERAL UNFAIR COMPETITION AND FALSE ADVERTISING, 15 U.S.C. § 1125(a)
forth herein.
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62. Defendants’ use of the Infringing ABBA MANIA Mark in connection with
services that are identical and/or highly related to the goods and services offered by Plaintiff
under the ABBA Mark constitutes a false designation of origin and a false representation as to
the origin of Defendants’ services.
63. Defendants’ use of the Infringing ABBA MANIA Mark in connection with such
services is likely to cause confusion, cause mistake, or deceive the public as to the source of
Defendants’ services and is likely to create the false impression that those services are approved,
authorized, sponsored, endorsed, licensed by, or affiliated with Plaintiff.
64. Defendants’ use of the Infringing ABBA MANIA Mark misrepresents the nature,
characteristics, and/or qualities of Defendants’ services.
65. Defendants’ conduct is willful, in bad faith, and intended to trade on the goodwill
and cachet of Plaintiff. Accordingly, Defendants’ actions constitute unfair competition and false
advertising in violation of Sections 43(a)(1)(A) and 43(a)(1)(B) of the Lanham Act, 15 U.S.C.
§§ 1125(a)(1)(A) and (B).
goodwill and reputation, and Defendants’ continued conduct will damage Plaintiff as well as
deceive and threaten harm to the public unless the conduct is permanently enjoined by this Court.
FOURTH CLAIM FOR RELIEF

FEDERAL DILUTION, 15 U.S.C. § 1125(c)
forth herein.
69. Plaintiff’s ABBA Mark is a distinctive, federally registered trademark. As a result
of Plaintiff’s extensive, continuous, and exclusive use of the ABBA Mark in connection with
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various goods and services, the ABBA Mark has become famous and is widely recognized
among the consuming public as a designation of source of Plaintiff’s goods and services.
70. The ABBA Mark became famous long before Defendants’ infringing activities
commenced.
71. Defendants’ commercial use of the Infringing ABBA MANIA Mark for services
that are not sold by, affiliated with, or sponsored by Plaintiff has diluted and is likely to continue
diluting the distinctive quality of the ABBA Mark by lessening the capacity of the mark to
exclusively identify and distinguish Plaintiff and its goods and services. Defendants’ unlawful
use of the Infringing ABBA MANIA Mark in connection with inferior, counterfeit services has
also tarnished, and is likely to continue tarnishing, the ABBA Mark, thereby lessening the value
of the ABBA Mark as a unique identifier for Plaintiff and its goods and services.
72. Defendants’ conduct is willful, in bad faith, and intended to dilute the
distinctiveness of the ABBA Mark. Accordingly, Defendants’ actions constitute dilution by
blurring and dilution by tarnishment in violation of Section 43(c) of the Lanham Act, 15 U.S.C.
§ 1125(c).
FIFTH CLAIM FOR RELIEF

VIOLATION OF ANTICYBERSQUATTING
CONSUMER PROTECTION ACT, 15 U.S.C. § 1125(d)
forth herein.
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76. The ABBA Mark was distinctive and famous at the time Defendants registered
the Infringing Domain Name.
77. Without authorization from Plaintiff, Defendants have registered, trafficked in,
and/or used the Infringing Domain Name, which is confusingly similar to the ABBA Mark.
78. Without authorization from Plaintiff, Defendants have registered, trafficked in,
and/or used the Infringing Domain Name, which is dilutive of the ABBA Mark.
79. Defendants had full knowledge of Plaintiff’s prior rights in the ABBA Mark when
they secured a registration for the Infringing Domain Name.
80. Defendants have registered, trafficked in, and/or used the Infringing Domain
Name with the bad-faith intent to profit and reap the benefit of the goodwill from the ABBA
Mark by diverting consumers to Defendants’ website for their own commercial gain and to
otherwise profit from unauthorized use of the ABBA Mark.
81. Accordingly, Defendants’ conduct constitutes cyberpiracy in violation of Section
43(d) of the Lanham Act, 15 U.S.C. § 1125(d).
SIXTH CLAIM FOR RELIEF

UNFAIR COMPETITION UNDER NEW YORK COMMON LAW
forth herein.
85. Defendants’ use of the Infringing ABBA MANIA Mark in connection with
services that are identical and/or highly related to those offered by Plaintiff under the ABBA
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Mark is likely to confuse the public as to the origin, source, or sponsorship of Defendants’
services, or to cause mistake or to deceive the public into falsely believing that Defendants’
services are authorized, sponsored, endorsed, licensed by, or affiliated with Plaintiff, all in
violation of Plaintiff’s rights under the common law of the State of New York.
86. As a result of the foregoing conduct, Defendants have been and will continue to
be unjustly enriched at Plaintiff’s expense as the result of their unauthorized sales of services
displaying the Infringing ABBA Mania Mark, thereby depriving Plaintiff of revenues it
rightfully should receive by virtue of its famous ABBA Mark. Defendants have retained
revenues to which they are not equitably or legally entitled, and are thereby unjustly enriched at
Plaintiff’s expense, in violation of the common law of the State of New York.
87. Accordingly, Defendants’ actions constitute unfair competition under New York
common law.
SEVENTH CLAIM FOR RELIEF

DILUTION UNDER NEW YORK LAW, N.Y. GEN. BUS. LAW § 360-l
forth herein.
91. As a result of extensive use and promotion of the ABBA Mark and the goods and
services offered thereunder by Plaintiff, the ABBA Mark has become highly distinctive of
Plaintiff’s goods and services and is widely recognized amongst the consuming public as a
designation of source of Plaintiff’s goods and services.
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92. The ABBA Mark was distinctive and widely known long before Defendants
commenced their unauthorized use of the Infringing ABBA MANIA Mark as described herein.
93. Defendants’ commercial use of the Infringing ABBA MANIA Mark has diluted
and is likely to continue diluting Plaintiff’s famous ABBA Mark by impairing its distinctiveness
and thereby lessening the capacity of the ABBA Mark to identify and distinguish Plaintiff and its
goods and services exclusively. Defendants’ unlawful use of the Infringing ABBA MANIA
Mark in connection with inferior, counterfeit services has also tarnished, and is likely to continue
tarnishing, the ABBA Mark, thereby resulting in injury to the reputation of Plaintiff’s business.
94. Accordingly, Defendants’ actions constitute dilution in violation of Section 360-l
of the General Business Law of the State of New York.
EIGHTH CLAIM FOR RELIEF

USE OF NAME WITH INTENT TO DECEIVE
UNDER NEW YORK LAW, N.Y. GEN. BUS. LAW § 133
forth herein.
98. Defendants—with intent to mislead and deceive the public—have assumed,
adopted, and used the Infringing ABBA MANIA Mark as a trade name for a musical cover band
and for advertising and promotional purposes.
99. Defendants’ use of the Infringing ABBA MANIA Mark as a trade name has
misled and will continue to mislead the public as to the identity of Defendants.
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100. Defendants’ use of the Infringing ABBA MANIA Mark as a trade name has
misled and will continue to mislead the public as to the connection between Plaintiff and
Defendants.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that this Court issue a judgment against
Defendants and in favor of Plaintiff on all causes of action asserted herein and enter an Order:
A. Granting a permanent injunction enjoining Defendants, jointly and severally,
along with their agents, licensees, distributors, attorneys, servants, officers, employees, affiliates,
assignees, and all persons in concert or participation with any of the foregoing from:
i. using the Infringing ABBA MANIA Mark or otherwise imitating, copying, or
making unauthorized use of the ABBA Mark;
ii. importing, manufacturing, producing, distributing, circulating, selling, offering
for sale, advertising, promoting, or displaying any good or service bearing or offered under (i) the
Infringing ABBA MANIA Mark, (ii) any simulation, reproduction, counterfeit, copy, or colorable
imitation of the ABBA Mark, or (iii) any other indicia associated with Plaintiff;
iii. using the Infringing ABBA MANIA Mark or any simulation, reproduction,
counterfeit, copy, or colorable imitation of the ABBA Mark in connection with the importation,
promotion, advertisement, display, sale, offering for sale, manufacture, production, circulation,
or distribution of any good or service in such fashion as to relate or connect—or tend to relate or
{F4331054.5 }
20
connect—such good or service in any way to Plaintiff or to any goods or services sold,
manufactured, sponsored, or approved by Plaintiff;
iv. using any false designation of origin, false description or statement, or
performing any act that is likely to lead members of the trade or public to believe that any good
or service manufactured, offered, distributed, or sold by Defendants is in any manner associated
or connected with Plaintiff or is sold, manufactured, licensed, sponsored, approved, or authorized
by Plaintiff;
v. engaging in any activity constituting unfair competition with Plaintiff or
constituting infringement or dilution of the ABBA Mark;
vi. applying to register or registering in the United States Patent and Trademark
Office or in any state trademark registry any mark consisting in whole or in part of the Infringing
ABBA MANIA Mark or consisting in whole or in part of any simulation, reproduction, copy, or
colorable imitation of the ABBA Mark;
vii. registering, asking any third party to register on their behalf, or assisting any
third party in registering or maintaining any domain name, subdomain name, URL, e-mail
address, social media account name or handle, or other electronic identifier that includes, in
whole or in part, the ABBA Mark or any formatives thereof (including misspellings);
viii. owning, renting, purchasing, or otherwise obtaining rights to any internet
search term or key word that includes in whole or in part the ABBA Mark or any formatives thereof
(including misspellings) for purposes of directing internet traffic to any website;
ix. using any social media handle, account name, or hashtag consisting of the
Infringing ABBA MANIA Mark or that includes, in whole or in part, the ABBA Mark or any
{F4331054.5 }
21
formatives thereof (including misspellings), on any website that advertises, promotes, or markets
any good or service of Defendants;
x. assisting, aiding, or abetting any other person or business entity in engaging
in or performing any of the activities referred to in subparagraphs (i) through (ix) above; and
xi. effecting assignments or transfers, forming new entities or associations, or
utilizing any other device for the purpose of circumventing or otherwise avoiding the
prohibitions set forth in subparagraphs (i) through (ix) above.
B. Directing Defendants to destroy all products, labels, signs, stationery, prints,
packages, promotional and marketing materials, advertisements, and other materials currently in
their possession or under their control that incorporate, feature, or bear the Infringing ABBA
MANIA Mark, the ABBA Mark, or any other simulation, reproduction, copy, or colorable
imitation of the ABBA Mark.
C. Directing the forfeiture or cancellation of the Infringing Domain Name or the
transfer to Plaintiff of the Infringing Domain Name pursuant to 15 U.S.C. § 1125(d)(1)(C).
D. Directing such other relief as the Court may deem appropriate to prevent the
public from deriving the erroneous impression that any good or service manufactured, imported,
advertised, promoted, distributed, displayed, produced, sold, or offered for sale by Defendants is
in any manner authorized by or related to Plaintiff in any way.
E. Requiring Defendants to disseminate corrective advertisements in a form
approved by the Court, acknowledge their violations of the law hereunder, and ameliorate the
false and deceptive impressions produced by such violations.
{F4331054.5 }
22
F. Directing Defendants to file with the Court and serve upon counsel for Plaintiff
within thirty days after entry of judgment a report in writing and under oath setting forth in detail
the manner and form in which they have complied with the above.
G. Awarding Plaintiff such damages it has sustained or will sustain by reason of
Defendants’ acts of trademark infringement, dilution, and unfair competition and that such sums
be trebled pursuant to 15 U.S.C. § 1117(a) and (b); or, if Plaintiff elects, awarding Plaintiff
statutory damages for Defendants’ willful use of a counterfeit mark in the total amount of
$2,000,000 per counterfeit mark per type of goods or services sold, offered for sale, or
distributed, pursuant to 15 U.S.C. § 1117(c).
H. Awarding Plaintiff all gains, profits, property, and advantages derived by
Defendants from their unlawful conduct described herein.
I. Awarding Plaintiff exemplary and punitive damages to deter any further
violations of their rights as the Court finds appropriate.
J. Awarding Plaintiff its costs and expenses incurred in this action, including
reasonable attorneys’ fees, pursuant to 15 U.S.C. §1117(a).
K. Awarding Plaintiff interest, including pre-judgment interest on the foregoing
sums.
L. Awarding Plaintiff further relief as the Court may deem just and proper.
{F4331054.5 }
23
Dated: New York, New York Respectfully submitted,

December 3, 2021
FROSS ZELNICK LEHRMAN & ZISSU, P.C.
By: /s/ David Donahue

David Donahue ([email protected])
Jason D. Jones ([email protected])
Daniel M. Nuzzaci ([email protected])
151 West 42nd Street, 17th Floor
New York, New York 10036
Phone: (212) 813-5900
Attorneys for Plaintiff Polar Music

International A.B.
{F4331054.5 }
24

Polar Music International A.B. v. Handshake Ltd. Et Al

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Case 1:21-cv-10341 Document 1 Filed 12/03/21 Page 1 of 24

David Donahue ([email protected])

Counsel for Plaintiff Polar Music International A.B.

UNITED STATES DISTRICT COURT

POLAR MUSIC INTERNATIONAL A.B.,

Plaintiff, Case No. ___________

HANDSHAKE LTD., TAL ENTERTAINMENT

Entertainment”), James Stuart Littlewood, and Todd Littlewood (collectively, “Defendants”),

NATURE OF THE ACTION

renowned musical group ABBA.

respective websites, social media pages, and YouTube.

the following grounds: (i) counterfeiting of a federally registered trademark in violation of

§ 1114(1); (ii) infringement of a federally registered trademark in violation of Section 32(1) of

6. Upon information and belief, Defendant Handshake Ltd. is a private limited

Canal House, 98 King Street, Manchester, England M2 4WU.

7. Upon information and belief, Defendant TAL Entertainment Ltd. is a private

8. Upon information and belief, Defendant James Stuart Littlewood is an individual

Oldham, Lancashire, England OL4 4EB.

9. Upon information and belief, Defendant Todd Littlewood is an individual residing

England OX26 4LD.

JURISDICTION AND VENUE

pursuant to Section 1367(a) of the Judicial Code, 28 U.S.C. § 1367(a).

interstate or international commerce.

FACTS COMMON TO ALL CLAIMS FOR RELIEF

A. Plaintiff and Its Famous ABBA Mark

13. ABBA is a world-renowned Swedish pop group consisting of band members

in Stockholm, Sweden in 1972.

including, without limitation, the famous ABBA Mark.

Here We Go Again, which likewise featured ABBA’s music.

mentioned above were offered in connection with the ABBA Mark.

array of promotional merchandise under the ABBA Mark.

to a broad scope of protection.

23. As a result of Plaintiff’s investment of time, effort, and resources to promote

intellectual property assets and represents enormous goodwill.

holographic images of ABBA’s members to follow.

variety of goods and services, including the following:

Mark Reg. No. Reg. Date Goods and Services

entertainment; downloadable music, MP3 files,

IC 16: Books and magazines in the fields of music,

IC 35: computerized on-line ordering services in the

Moreover, Plaintiff’s registrations have become incontestable pursuant to Section 15 of the

B. Defendants’ Misappropriation of the ABBA Mark

performances featuring an ABBA cover band.

https://middletownparamount.showare.com/eventperformances.asp?evt=127. Upon information

the Infringing Domain Name.

MANIA Mark are not approved by Plaintiff or any representative of Plaintiff.

goods and services offered under the ABBA Mark.

from the recognition and goodwill of Plaintiff’s ABBA Mark.

ABBA MANIA Mark.

C. Injury to Plaintiff Resulting from Defendants’ Infringing Conduct

Infringing Domain Name for commercial purposes is damaging Plaintiff.

connected with those of Plaintiff.

FIRST CLAIM FOR RELIEF

ABBA MANIA Mark.

in and statutory grant of exclusivity of use of the ABBA Mark.

48. The Infringing ABBA MANIA Mark is identical with or substantially

which the ABBA Mark is registered.

to trade on the goodwill and cachet of Plaintiff’s ABBA Mark.

the Lanham Act, 15 U.S.C. § 1116(d)(1)(B).