Page 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 FOURTH CAUSE OF ACTION (False Advertising Under the Lanham Act Against All Defendants)   79. Plaintiffs repeat and reallege Paragraphs 1 through 56 herein. 80. Defendants have carried out in New Jersey and in interstate commerce a large scale program of deceptive advertising in which advertisements use the name and identifying characteristics of Mike Hailwood to imply that Mike Hailwood is connected with the Motorcycle or endorses the Motorcycle. 81. Defendants' use of Mike Hailwood's name, initials, likeness, image and/or identifying characteristics was deliberately calculated to create among the public at large the false impression that Mike Hailwood was and is associated with the Defendants and the Motorcycle. 82. By the foregoing acts, the Defendants have used false representations in connection with the advertisement, sale and distribution of goods in interstate commerce in violation of Section 43(a) of the Lanham Act, 15 U.S.C. Section 1125. 83. By reason of the foregoing, members of the public are induced to purchase Defendants' Motorcycles in the mistaken belief that Defendants' products are endorsed by and/or associated or affiliated with Mike Hailwood and/or the Plaintiff. 84. Plaintiff has been and will continue to be damaged by Defendants' false and misleading advertisements in that Defendants' advertising attempts to benefit from the goodwill associated with Mike Hailwood's identity. 85. By reason of the foregoing, Defendants have each willfully realized substantial profits and received monies and other benefits which rightfully belong to Plaintiff. 86. By reason of the foregoing, Plaintiff has suffered damages. 87. The Defendants' actions are likely to continue unabated unless Defendants are enjoined and restrained by this Court. WHEREFORE, Plaintiff demands judgment against Defendants: (a) For Defendants' profits arising out of the creation, manufacture, advertising, promotion, marketing, sale and distribution of the Motorcycles; (b) For a permanent injunction prohibiting any use of Mike Hailwood's name, initials, likeness, identifying characteristics or reputation in connection with the manufacture, creation, marketing, promotion, advertising, sale and/or distribution of the Motorcycles or any other commercial product by Defendants; (c) For the destruction of all infringing articles; (d) For treble damages, costs and attorney's fees pursuant to 15 U.S.C. Section 1116, 1117 and 1125(a); and (e) For such other and further relief as the Court deems just and/or proper. Page 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8