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Hard Candy is a Florida limited liability company with its principal place of business in Hollywood, Florida, that began with Hard Candy nail polish in

Hard Candy is a Florida limited liability company with its principal place of business in Hollywood, Florida, that began with "Hard Candy" nail polish in 1995. Around that time, Hard Candy filed a U.S. trademark application for the nail polish. Some time later, they filed other applications under the name "Hard Candy" for cosmetics, including lipstick, lip liner, and mascara. Hard Candy's products are sold in Wal-Mart retail stores and on Wal-Mart's website. Since 1997, Hard Candy has also operated a website at www.hardcandy. com, on which Hard Candy currently displays its prod- ucts with a link to Wal-Mart's website.

Hard Candy Fitness (HCF) is a network of luxuy fitness clubs operated by Hard Candy Fitness, LLC("HCF"), a Delaware limited liability company with its principal place of business in Califormia. HCF' clubs are located worldwide, but there has never been a club in Florida. NEV Hard Candy Fitness, LLC (NEV-HC")(a Delaware limited libility compary) and MGHC andy(a Delaware limited liability company and owner of HCF) with its principal place of business in California, along with New Evolution Ventures, LLC ("NEV") (a Delaware limited liability company with its principal place of business in California), are busineses associ- ated with Madonna Louise Ciccone, popularly known as Madonna.

Ciccone (a resident of New York) has Guy Oseary(a resident of California) as MGHCandy's "senior man- agement representative." Additionally, Oseary and Sara Zambreno have provided personal management services to Ciccone since around 2005, first as employ- ees of Guyo Entertainment, Inc, and later in afiliation with third-party Live Nation. Although in some cir- cumstances Oseary and Zambreno must consult with Ciccone before making decisions on her behalf, as a general matter both have considerable discretion to manage Ciccone's affairs without her input.

In November 2008, NEV filed with the U.S. Patent and Trademark Office for use of the mark "Hard Candy Fitness" for "[h]ealth club services." The"Hard Candy Fitness" mark was used for the first time over two years later. On October 12, 2011, MGHCandy granted HCF a license to use the mark "Hard Candy Fitness" in connection with the operation of fitness clubs, the sale

of related products, and the marketing and promotion of the clubs and products. In May 2014, MGHCandy assigned to HCF its rights in the unregistered mark"Hard Candy" for use on clothing, bags, jewelry. athletic gear, and accessories. AIl of these comparis, Ciccone, Oseary, and Zambreno are the Defendants.

Hard Candy filed suit in Hlorida for infringement of the Hard Candy Marks by Hard Candy Fitnes through the clubs, the apparel, the www.hardcandyiness.com website, and the Hard Candy Fitness DVD, entitle Addicted to Stweat.

Madonna and her companies (Defendants) fled a motion to dismiss or, in the alternative, to transfier venue to the Northern District of California.

?Why do you think it is so important for Hard Candy to have Madonna and one of her companies as defendants?

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