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Hollywood Hair, Inc. Files $3 Million Lawsuit and Seeks Injunction against Richard Farrell Doing Business as Hollywood Hair


Last update: 6:22 p.m. EST Dec. 18, 2008
SANTA ANA, Calif., Dec 18, 2008 (BUSINESS WIRE) -- Hollywood Hair, Inc. filed suit today in Santa Ana Federal Court for trademark and trade name infringement, unfair competition and false advertising against Richard Farrell doing business as Hollywood Hair. The Plaintiff seeks more than $3 million in damages plus punitive damages. Hollywood Hair, Inc. makes custom hair pieces for individuals and the entertainment industry, offering a full range of hair replacement services, and will ask the Court to enjoin the Defendant from using the essentially identical and confusing similar mark and trade name Hollywood Hair for offering allegedly similar services. The Hon. Cormac J. Carney will preside over the case. Plaintiff is represented by William E. Levin with Levin Intellectual Property Group in Laguna Beach, CA. Hollywood Hair, Inc. vs. Richard Farrell doing business as Hollywood Hair, Case No. 8;SACV08-1424CJC(RNBx).
As early as 1997, Joe began using the trademark "Hollywood Hair" on the Internet and on his web site and incorporated his business under the name Hollywood Hair, Inc. in 2001. Joe has continuously used and promoted his "Hollywood Hair" trademark and trade name in the media and on the Internet. Approximately six months ago, defendant Richard Farrell began using the essentially identical and confusingly similar trademark and trade name Hollywood Hair and offering substantially similar services. Previously, the parties were engaged in a legal battle between them involving Farrell's alleged theft of trade secrets and unfair competition, which arose after Farrell hired a former employee of Joe's and obtained Joe's customer list. That matter resulted in Farrell settling with Hollywood Hair (then using the company name Studio One) on its claims.
The Plaintiff alleges that the Defendant has deliberately, intentionally and painstakingly copied "Hollywood Hair's" signature in the marketplace, including the fact that Farrell, for example, specifically emphasizes and uses "Orange County" and similar geographical terms in his website's meta tags and source code to drive traffic to Defendant's competing web site and to push out Plaintiff and substitute Defendant in various Internet search engines such as Google.
The Plaintiff alleges that the Defendant's web site also contains numerous false factual claims and false factual statements that hurt not only Hollywood Hair, but essentially all of Joe's legitimate competitors in the hair replacement industry. For example, Farrell falsely implies that his business is endorsed by well-known radio personality Howard Stern when, in truth, Defendant paid Stern to record a 60-second radio commercial promoting Defendant's services. There is even a picture of Howard Stern on the web site with the heading "Stern on Farrell" and another with "Stern Sounds Off On. .. .Farrell." This is allegedly deceptive as a potential customer, who reads the web site but does not actually click on the commercial and listen to it, will believe that Howard Stern is an unbiased customer or party endorsing the Defendant's services and product.
The Plaintiff contends that Defendant represents on its web site that "Farrell Hair Replacement simply has no competitors: Farrell is the only Ultra Custom Hair Replacement Company...in the world." This and other false claims allegedly made on the Defendant's web site have created a huge deception and has resulted in unfair competition according to the Plaintiff and impacting industry competitors as well.
"What Richard Farrell is doing is devious and deceptive," stated Joe Schwartz, Founder and President of Hollywood Hair, Inc., "and it is giving him a competitive edge where none is genuinely earned or deserved. He is allegedly duping a vulnerable segment of the population with his lies, and he is doing serious damage to the reputations of hair centers everywhere. I believe that what he's doing is wrong and have filed this lawsuit to make consumers aware of his dirty tricks and, once and for all, to level the playing field."
"Joe Schwartz's Hollywood Hair, Inc. and similar hair replacement companies have been victimized by Richard Farrell's pattern and practice of deceptive business practices," stated William E. Levin. "Our goal is to seek an injunction to stop Richard Farrell's conduct in allegedly creating such massive confusion in this niche market and to ultimately hold him responsible for his actions in a court of law."

Copyright Business Wire 2008