Whitson trade dress suit against Purgatory Studios and Wired Events removed to D.N.M.

The removal

Gregory Elliott Whitson II v. Karen Ward et al., No. 1:26-cv-03678 (D.N.M.), opened with a Notice of Removal filed November 2, 2026, ECF No. 1. Defendants Karen Ward, Cecil Ward, Batina Fountain, Purgatory Studios, LLC, and Wired Events, LLC remove Bernalillo County Second Judicial District Court Case No. D-202-CV-2026-09067 under 28 U.S.C. §§ 1331, 1367, 1441, and 1446. The notice says the state complaint was filed September 22, 2026, asserts federal-question jurisdiction under 28 U.S.C. § 1331 because the complaint pleads Lanham Act claims under 15 U.S.C. § 1125(a), invokes supplemental jurisdiction under 28 U.S.C. § 1367 over the New Mexico claim, says the notice was filed within the time allowed by 28 U.S.C. § 1446(b), and says all defendants consent to removal. A minute entry on November 2, 2026, assigns United States Magistrate Judge Jennifer M. Rozzoni and United States Magistrate Judge Damian L. Martinez. Entry 2 is a notice that the case was randomly assigned to Magistrate Judge Rozzoni to conduct dispositive proceedings, including motions and trial, and that consent to that assignment is voluntary. An answer to the removed complaint was docketed November 5, 2026.

The state complaint

The state complaint, attached as Exhibit A to the notice (ECF No. 1-1), was filed September 22, 2026. Plaintiff Gregory Elliott Whitson II, an individual residing in Mayer, Arizona, says he is professionally known as Justin Sayne and has made luxury handcrafted leather goods, including floggers and whips, under that brand since about 2012. Corporate defendants are Purgatory Studios, LLC and Wired Events, LLC, New Mexico limited liability companies with principal places of business in Albuquerque. Three individuals are also sued. The state complaint invoked the state court's jurisdiction under the New Mexico Constitution and state statute. It alleges that distinctive design elements of his floggers, including rolled leather handles with football-style lacing, Chicago screw attachments, and unique loop placement, constitute protectable trade dress with secondary meaning from more than a decade of use.

What the complaint alleges

Whitson alleges the defendants manufacture and sell their own line of floggers that copy those design elements, offer them through websites and social media platforms, and have sold them at industry events. He alleges, upon information and belief, that the defendants purchased genuine Justin Sayne products and used them in promotional photographs, social media content, and vendor booth displays to market imitation products, and that they resold genuine Justin Sayne products while representing them as the defendants' own original creations. He says a July 20, 2026 cease-and-desist letter went unanswered and that the conduct continued.

Counts and relief

The four causes of action, each against all defendants, are trade dress infringement under 15 U.S.C. § 1125(a); false designation of origin, unfair competition, and reverse passing off under 15 U.S.C. § 1125(a)(1)(A); false advertising under 15 U.S.C. § 1125(a)(1)(B); and unfair competition under New Mexico common law. The prayer seeks a permanent injunction against copying the trade dress, using genuine Justin Sayne products in marketing, and selling genuine Justin Sayne products; destruction of infringing inventory and removal of infringing content from websites, social media platforms, and marketing materials; an accounting; the defendants' profits, the plaintiff's actual damages, or alternatively statutory damages; a finding that the defendants acted willfully and that the case is exceptional; attorneys' fees and costs under 15 U.S.C. § 1117; and further relief. The complaint demands a jury trial.