Feagin v. LivingSocial

Complaint filed on February 24, 2014

PLAINTIFFS’ business, “A.T. Your Service Cleaning and Janitorial,” is a cleaning service lawfully doing business in the County of San Diego since March 1, 2012. PLAINTIFFS continue to do business within the County of San Diego.

From March 2012 through April 2012, PLAINTIFFS partnered with defendant LIVINGSOCIAL to advertise within the County of San Diego.

In or around May 2012 until in or around July 2012, Defendants HICKERSON and THORNTON, by and though AT YOUR SERVICE, partnered with defendant LIVINGSOCIAL to advertise AT YOUR SERVICE’s cleaning services within the County of San Diego, and sell vouchers for that cleaning service.

Defendants HICKERSON and THORNTON, by and though AT YOUR SERVICE,, unlawfully doing business in California, failed almost uniformly to fulfill and honor vouchers purchased on defendant LIVINGSOCIAL’s website.

Defendants HICKERSON and THORNTON’s chosen name, “At Your Service Housekeeping,” was and is similar to PLAINTIFFS’ business name, and consumers were and were foreseeably caused to be confused about the identity of the PLAINTIFF and AT YOUR SERVICE, and continue to be confused.

The vouchers sold by defendant LIVINGSOCIAL failed to contain a phone number for AT YOUR SERVICE, causing customers to search for the phone number online and to confuse and associate PLAINTIFFS with AT YOUR SERVICE.

The false advertising and fraudulent activity of the DEFENDANTS diverted consumers expecting to be serviced by PLAINTIFFS away from PLAINTIFF, resulting in a loss of business, revenue, and reputation.

The conduct of Defendants HICKERSON and THORNTON, by and though AT YOUR SERVICE, and LIVINGSOCIAL caused confused consumers, disappointed and irritated that Defendants HICKERSON and THORNTON, by and though AT YOUR SERVICE, failed to honor their vouchers, to issue and write unwarranted negative reviews of PLAINTIFFS’ services on popular review websites such as Yelp, Google+, Facebook, etc. Because of the conduct of DEFENDANTS and the resulting negative reviews, PLAINTIFFS have suffered a loss of business, revenue, and reputation.

View Feagin v. LivingSocial Complaint