Case 4:15-cv-03331 Document 1 Filed in TXSD on 11/12/15 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION TEXAS A&M UNIVERSITY, Plaintiff, vs. INDIANAPOLIS COLTS, INC. Defendant. ) ) ) ) ) Civil Action No. ________________ ) ) ) ) ) ) ) PLAINTIFF’S COMPLAINT FOR TRADEMARK INFRINGEMENT, UNFAIR COMPETITION, AND TRADEMARK DILUTION Plaintiff TEXAS A&M UNIVERSITY (“Texas A&M”), by and through its undersigned attorneys, files this Complaint against Defendant INDIANAPOLIS COLTS, INC (“ICI”), and alleges as follows: I. THE PARTIES 1. Plaintiff Texas A&M is a Texas state university with a principal business address of 301 Tarrow Street, 6th Floor, College Station, Texas 77840. 2. On information and belief, Defendant ICI is a Delaware corporation with its principal place of business at 7001 West 56th Street, Indianapolis, Indiana 46254. II. NATURE OF THE ACTION; JURISDICTION OF THE COURT; AND VENUE 3. This is an action for trademark infringement, unfair competition, and false designation of origin under the Trademark Act of 1946, as amended, 15 U.S.C. §§ 1051 et seq. This also an action for unfair competition and trademark dilution under Texas state law. 1 Case 4:15-cv-03331 Document 1 Filed in TXSD on 11/12/15 Page 2 of 12 4. This Court has subject matter jurisdiction over this action pursuant to 15 U.S.C. §1121 and 28 U.S.C. §§ 1331 and 1338. This Court has supplemental jurisdiction pursuant to 28 U.S.C. § 1367 over Plaintiff’s state law claims because those claims are so related to the federal claims that they form part of the same case and controversy. The Court also has jurisdiction over this matter pursuant to 28 U.S.C. §1332. There is diversity of citizenship and the amount in controversy exceeds $75,000 exclusive of interest and costs. 5. This Court has personal jurisdiction over Defendant because ICI has Constitutionally sufficient contacts with this forum and has committed and continues to commit the complained of acts of trademark infringement in this judicial district. 6. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b) and (c). III. FACTUAL ALLEGATIONS SUPPORTING ALL CLAIMS OF RELIEF A. Texas A&M University, its Business and its Marks 7. Since as early as 1922, Texas A&M has used the mark 12TH MAN (hereinafter, the “12TH MAN Mark”) in connection with sporting events and numerous products and services. The 12TH MAN Mark was initially adopted in 1922 as a remembrance of a student at Texas A&M, E. King Gill, and his spirit of readiness to serve Texas A&M’s football team in time of need. The legend of E. King Gill grew, and the 12TH MAN Mark now identifies and distinguishes Texas A&M in connection with all of its athletic entertainment services and events, education-related services, and a wide variety of merchandise products for which Texas A&M and its licensees use the 12TH MAN Mark. 8. Texas A&M has expended considerable effort and resources in offering a wide range of quality products and services under the 12TH MAN Mark. As a result, the Mark has become strongly identified by the public with Texas A&M, and Texas A&M enjoys substantial 2 Case 4:15-cv-03331 Document 1 Filed in TXSD on 11/12/15 Page 3 of 12 goodwill and fame in the 12TH MAN Mark. This goodwill and fame is especially strong in the Houston area and in Texas. 9. Consistent with the widespread goodwill enjoyed by Texas A&M in the 12TH MAN Mark, Texas A&M granted a license to Football Northwest, LLC in 2006 for the Seattle Seahawks professional football team to use the 12TH MAN Mark. The use by the Seattle Seahawks organization of the 12TH MAN Mark is therefore pursuant to license and authorization from Texas A&M, and inures to the benefit of Texas A&M. 10. Consistent with its extensive use of and common law rights in the 12TH MAN Mark, Texas A&M is the owner of U.S. Trademark Registration Nos. 1,612,053; 1,948,306; and 3,354,769. Registration No. 1,948,306 expressly covers “entertainment services, namely organizing and conducting intercollegiate sporting events” and Registration No. 3,354,769 more broadly covers “entertainment services, namely conducting, organizing and promoting sporting events featuring football, soccer, baseball, softball, basketball, swimming, diving, equestrian, and tennis.” Finally, Registration No. 1,612,053 covers various goods and services listed in multiple classes under the classification system used by the United States Patent and Trademark Office, specifically “bumper stickers; post cards and note cards; towels; hats; t-shirts; polo-type shirts; golf shirts; sweaters; shorts; athletic uniforms; and, college scholarship services.” The registrations have obtained incontestable status, which means that the registrations are conclusive evidence of Texas A&M’s exclusive right to use the 12TH MAN Mark in connection with such products and services. 11. Copies of the above 12TH MAN registrations are attached hereto as Exhibit A. 3 Case 4:15-cv-03331 Document 1 Filed in TXSD on 11/12/15 Page 4 of 12 B. Defendants’ Unauthorized Use of The Texas A&M 12TH MAN Mark 12. On information and belief, Defendant ICI used the 12TH MAN mark inside of its stadium in approximately 2006 in connection with its offering and marketing of professional football entertainment services. 13. On November 7, 2006, Plaintiff Texas A&M sent a cease and desist letter to Defendant ICI informing it of Texas A&M’s rights in the 12TH MAN Mark and requesting that it cease and desist from any planned or actual use of the 12TH MAN Mark. In follow-up correspondence and conversations between Texas A&M’s outside counsel and ICI representatives, ICI assured Texas A&M that ICI wanted an amicable resolution of the matter and that ICI would not use the 12TH MAN Mark on any goods or services covered by the Texas A&M registrations and that no use by ICI of the 12TH MAN Mark would extend beyond the Indianapolis stadium. 14. Texas A&M followed up with correspondence and a proposed agreement on September 12, 2008. ICI failed to respond to the 2008 letter. However, it appeared that use of the 12TH MAN mark by ICI had either ceased or was a de minimus use within the Indianapolis stadium. 15. In 2012, Texas A&M was made aware of an apparent new use of the 12TH MAN Mark by ICI. Texas A&M again sent cease & desist letters to ICI dated October 30, 2012 and November 27, 2012 reiterating and reasserting its rights in the 12TH MAN Mark and requesting that ICI cease and desist from further unauthorized use of the 12TH MAN Mark. did not receive a response to either letter from ICI. 4 Texas A&M Case 4:15-cv-03331 Document 1 Filed in TXSD on 11/12/15 Page 5 of 12 16. On July 1, 2015, ICI sent a solicitation to purchase ICI single-game football tickets under the tag line “JOIN THE 12TH MAN” to an email address that is owned by an individual in College Station, Texas: 17. ICI also uses the mark 12TH MAN to advertise and promote merchandise through its official website, www.colts.com, and through its authorized licensees, and such “12TH MAN” products are marketed and sold throughout the United States, including in this judicial district. Such promotional activities include the following: 5 Case 4:15-cv-03331 Document 1 Filed in TXSD on 11/12/15 Page 6 of 12 Sign In my Account IJVEHELP tibtu.4f2.U4l?f UEHE?E-jiee?tiemp The Official Store of the Indianapolis Colts *excludes special order items. START SAVING ONLY $5.99 SHIPS ANY ORDER. The Northwest Company Rascllel 50x60 12th Man Throw Home a? Search Result 9 Style 20732575 The Northwest Company Raechel 50x60 12th You mightalso Man Throw wt Made Polyester, Knit Price: 949.99 - [write review] 0 Quantity: $4.99 International shipping not available - ADDTO CART TIJ '1 '3 0' xvi Ilr't Data ill: It" II :tnm?r Review: HELLO-M FANTASY NFL MDEIILE CUSTOMER sEe-ncE TRACK ORDER REQUEST cannon mmccouur MY CARTI i a VISA NFL Prefers'll'isa The Official Ordine Store EUSTIJIESHIJP I Eases, T-SHIRTS SWEATSHIRTS HATS HUMEEIBFFIEE ENDS 535355 5MB OVER $59 USE CODE: HOME Indianapolis Colts Gear Indianapolis Colts Home 8. Of?ce INDIANAPOLIS COLTS DEM. OF THE WEEK THE WESTWEW Indianapolis Colts 12th Man Raechel Blanket Plush Blanket Price: $49.95 YOUR SELECTIONS 3? Indianapolis Colts Home 3. Of?ce SHOP FOR Men Quantity Women ?4115'. r. 1 ADD TO CART 5 Ice Baty SUB DEPARTMENT Banners Silage a I SHOP NOW - Bud 3n Bat? View More Details Blankets Calendars Case 4:15-cv-03331 Document 1 Filed in TXSD on 11/12/15 Page 7 of 12 18. Defendant’s unauthorized use of the mark 12TH MAN in connection with its professional football entertainment services and its various products is likely to cause confusion, or to cause mistake, or to deceive customers and potential customers as to an affiliation, approval, license, endorsement, sponsorship, or other connection with Texas A&M, when none exists. 19. Defendant’s unauthorized use of the mark 12TH MAN in connection with its football entertainment services and related products is likely to dilute and/or tarnish the distinctiveness and fame enjoyed by Texas A&M in the 12TH MAN Mark, especially in the Houston area and elsewhere in Texas. 20. While Defendant’s prior knowledge of Plaintiff’s mark and rights is not necessary for Plaintiff to prevail, on information and belief, Defendant was aware of Plaintiff’s use of and rights to the 12TH MAN Mark (a) prior to Defendant’s unauthorized use of the mark 12TH MAN in connection with its football entertainment services and related products and its marketing and advertising efforts, and (b) especially before any use by ICI of the mark 12TH MAN outside of its stadium. Upon information and belief, Defendant intentionally and willfully utilized its mark, which is indistinguishable from the Plaintiff’s 12TH MAN Mark used in connection with Texas A&M’s offering of athletic entertainment and educational services and related products and marketing efforts, in order to capitalize upon and usurp the goodwill associated with Texas A&M’s mark. Defendant’s actions are therefore willful and constitute intentional infringement. 21. Defendant’s use of 12TH MAN in connection with its offering of football entertainment services and related products is without Texas A&M’s consent or permission. 7 Case 4:15-cv-03331 Document 1 Filed in TXSD on 11/12/15 Page 8 of 12 22. On information and belief, and based upon its past performance and correspondence, Defendant intends to continue its unauthorized activities unless required to cease such activities by this Court. IV. IRREPARABLE INJURY TO PLAINTIFFS 23. Defendant’s unauthorized use of the mark 12TH MAN in connection with its offering of football entertainment services and related products allows Defendant to unfairly receive and enjoy the benefits of goodwill, acceptance, and recognition that Plaintiff has acquired over an extended period in connection with its 12TH MAN Mark at great labor and expense. It further allows Defendant to unfairly gain acceptance for its football entertainment services and related products based not upon Defendant’s own merits, but instead based on the reputation and goodwill that Plaintiff has achieved, and that are associated with its protected mark. 24. Defendant’s unauthorized use of the mark 12TH MAN in connection with the offering of football entertainment services and related products, constitutes an invasion of the valuable property rights of Texas A&M in its 12TH MAN Mark and the attendant goodwill in a manner that unjustly enriches Defendant. 25. Defendant’s unauthorized use of the mark 12TH MAN in connection with the offering of football entertainment services and related products effectively places the valuable reputation and goodwill of Texas A&M in the hands of Defendant, over whom Texas A&M has absolutely no control. 26. Defendant’s unauthorized use of the mark 12TH MAN in connection with the offering of football entertainment services and related products has caused, and continues to 8 Case 4:15-cv-03331 Document 1 Filed in TXSD on 11/12/15 Page 9 of 12 cause, injury to Texas A&M’s business reputation and property interests in the 12TH MAN Mark. 27. Because of the value imbued by Texas A&M in its 12TH MAN Mark, including its future value, Plaintiff has no adequate financial remedy. Unless Defendant’s unauthorized acts are enjoined by this Court, they will continue to cause irreparable injury to Plaintiff and to the public for which there is no adequate remedy at law. V. COUNT 1 Trademark Infringement Under 15 U.S.C. §1114 et seq. 28. Texas A&M re-alleges paragraphs 1-27 hereof as if fully set forth herein. 29. Defendant’s unauthorized acts constitute trademark infringement in violation of 15 U.S.C. §1114(1). 30. Defendant’s unauthorized acts make the present case an exceptional case entitling Plaintiff to an award of its reasonable attorney fees. VI. COUNT 2 Unfair Competition, False Designation and Infringement Under 15 U.S.C. §1125(a) 31. Texas A&M re-alleges paragraphs 1-27 hereof as if fully set forth herein. 32. Defendant’s unauthorized acts constitute unfair competition in violation of 15 U.S.C. §1125(a). 33. On information and belief, Defendant has acted in bad faith with full knowledge and conscious disregard of Plaintiff’s rights in the 12TH MAN Mark, and with a willful and 9 Case 4:15-cv-03331 Document 1 Filed in TXSD on 11/12/15 Page 10 of 12 deliberate intent to trade on Plaintiff’s goodwill. In view of the willful nature of Defendant’s infringement, this is an exceptional case within the meaning of 15 U.S.C. §1117(a). VII. COUNT 3 Texas Trademark Dilution 34. Texas A&M re-alleges paragraphs 1-27 hereof as if fully set forth herein. 35. Defendant’s unauthorized acts constitute trademark dilution in violation of Texas Business & Commerce Code §16.103. VIII. COUNT 4 Common Law Unfair Competition 36. Texas A&M re-alleges paragraphs 1-27 hereof as if fully set forth herein. 37. Defendant’s unauthorized acts constitute unfair competition under the Texas common law. IX. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays that: (a) Defendant, its officers, agents, servants, employees, attorneys, successors, assigns, related companies, and all those acting in concert with any of them, be preliminarily and permanently enjoined and restrained from using in connection with the manufacture, sale, promotion, advertising, or offering of football entertainment services or related products, any name or mark including the mark 12TH MAN, or any other name, mark, or device confusingly similar to Texas A&M’s 12TH MAN Mark; 10 Case 4:15-cv-03331 Document 1 Filed in TXSD on 11/12/15 Page 11 of 12 (b) Defendant, its officers, agents, servants, employees, attorneys, successors, assigns, related companies, and all those acting in concert with any of them, be required to deliver to the Court for destruction, or to show proof of destruction of, any and all products, displays, signs, circulars, promotional materials, advertisements and any other materials that bear or depict the mark 12TH MAN, or any name, mark, or device confusingly similar thereto and/or any branded merchandise, as well as all plates, molds, casts, and other means of reproducing, counterfeiting, copying or otherwise imitating Texas A&M’s referenced marks or any name or mark confusingly similar thereto. (c) Defendant be ordered to file with this Court and to serve upon Texas A&M, within thirty (30) days after the entry of an injunction, a report in writing and under oath setting forth in detail the manner and form in which Defendant has complied with the injunction; (d) Pursuant to 15 U.S.C. §1117(a), Texas A&M recover its reasonable attorney fees, trial and appellate; and (e) the Court award Texas A&M recovery of its costs incurred in this action and such other and further relief as this Court may deem appropriate. 11 Case 4:15-cv-03331 Document 1 Filed in TXSD on 11/12/15 Page 12 of 12 Respectfully submitted, November 12, 2015 /s/ Steven A. Fleckman JOHN C. CAIN (Attorney In Charge) Texas State Bar No. 00783778 Southern District of Texas ID No. 15620 Cain@Fleckman.com FLECKMAN & McGLYNN, PLLC 8945 Long Point Road, Suite 120 Houston, TX 77055 Telephone: (713) 722-0120 Facsimile: (713) 722-0122 WILLIAM D. RAMAN Texas State Bar No. 16492700 Southern District of Texas ID No. 4117 Raman@Fleckman.com STEVEN A. FLECKMAN Texas State Bar No. 07118300 Southern District of Texas ID No. 550541 Fleckman@Fleckman.com FLECKMAN & McGLYNN, PLLC 515 Congress Avenue, Suite 1800 Austin, Texas 78701 Telephone: (512) 476-7900 Facsimile: (512) 476-7644 Counsel for Plaintiff TEXAS A&M UNIVERSITY 12 Case 4:15-cv-03331 Document 1-1 Filed in TXSD on 11/12/15 Page 1 of 4 EXHIBIT A Case 4:15-cv-03331 Document 1-1 Filed in TXSD on 11/12/15 Page 2 of 4 •••• Int. Cis.: 16, 20, 24, 25 and 36 Prior U.S. Cis.: 37, 38, 39, 42, 50 and 102 United States Patent and Trademark Office Reg. No. 1,612,053 Registered Sep. 4, t990 TRADEMARK SERVICE MARK PRINCIPAL REGISTER 12TH MAN TEXAS A & M UNIVERSITY (TEXAS INSTITUTION OF HIGHER EDUCATION) COLLEGE STATION, TX 77843 FOR: BUMPER STICKERS, POST CARDS AND NOTE CARDS, IN CLASS 16 (U.S. CLS. 37 AND 38). FIRST USE 9-0-1984; IN COMMERCE 9-0-1984. FOR: NOVELTY BUTTONS, IN CLASS 20 (U.S. CL. 50). FIRST USE 9-0-1984; . IN COMMERCE 9-0-1984. FOR: TOWELS, IN CLASS 24 (U.S. CL. 42). FIRST USE 11-0-1984; IN COMMERCE ll-0-1984. FOR: HATS, T-SHIRTS, POLO-TYPE SHIRTS, GOLF SHIRTS, SWEATERS, SHORTS, AND ATHLETIC UNIFORMS, IN CLASS 25 (U.S. CL. 39). FIRST USE 9-0-1983; IN COMMERCE · 9-0-1983. FOR: COLLEGE SCHOLARSHIP SERVICES, IN CLASS 36 (U.S. CL. 102). FIRST USE 5-0-1965; IN COMMERCE 5-0-1%5. SER. NO. 74-013,898, FILED 12-26-1989. GRACE AWH, EXAMINING ATTORNEY Case 4:15-cv-03331 Document 1-1 Filed in TXSD on 11/12/15 Page 3 of 4 Int. Cis.: 14 and 41 Prior U.S. Cis.: 28 and 107 United States Patent and Trademark Office Reg. No. 1,948,306 Registered Jan. 16, 1996 TRADEMARK SERVICE MARK PRINCIPAL REGISTER 12TH MAN TEXAS A&M UNIVERSITY (TEXAS INSTITUTION OF HIGHER EDUCATION) COLLEGE STATION, TX 178431230 INTERCOLLEGIATE SPORTING EVENTS, IN CLASS 41 (U.S. CL. 107). FIRST USE 0-0-1922; IN COMMERCE 0-0-1922. FOR: JEWELRY, IN CLASS 14 (U.S. CL. 28). FIRST USE 0-0-1989; IN COMMERCE 0-0-1989. FOR: ENTERTAINMENT SERVICES, NAMELY ORGANIZING AND CONDUCTING OWNER OF U.S. REG. NO. 1,612,053. SER. NO. 74-560,726, FILED 8-12-1994. W. A. CONN, EXAMINING ATTORNEY Case 4:15-cv-03331 Document 1-1 Filed in TXSD on 11/12/15 Page 4 of 4 Int. a.: 41 Prior U.S. Os.: 100, 101 and 107 Reg. No. 3,354,769 United States Patent and Trademark Office Registered Dec. 18, 2007 SERVICE MARK PRINCIPAL REGISTER TEXAS A & M UNIVERSITY (TEXAS INSTITU • TION OF HIGHER EDUCATION) TEXAS A & M SYSTEM BUILDING, SUITE 2079 200 TECHNOLOGY WAY COLLEGE STATION, TX 77840 FOR: ENTERTAINMENT SERVICES, NAMELY CONDUCTING, ORGANIZING AND PROMOTING SPORTING EVENTS FEATURING FOOTBALL, SOCCER, BASEBALL, SOFTBALL, BASKETBALL, SWIMMING, DIVING, EQUESTRIAN, AND TENNIS, IN CLASS 41 (U.S. CLS. 100, 101 AND 107). FIRST USE 0-0-1922; IN COMMERCE 0-0-1922. THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT, STYLE, SIZE, OR COLOR. OWNER OF U.S. REG. NOS. 1,612,053, 1,948,306, AND 2,189,229. SER. NO. 76-671,314, FILED 1-12-2007. KELLY MCCOY, EXAMI:!'.'ING ATTORNEY Case 4:15-cv-03331 Document 1-2 Filed in TXSD on 11/12/15 Page 1 of 1 CIVIL COVER SHEET JS 44 (Rev 12/12) The J 44 c•v• l cover she~t and the mlhm1at1on contained herem neither replace nor supplemetll the filmg aud service of pleadings or other papers as required by law, except as pr0"1dcd b~ ~~~al ru les oF.coun Tim rurm, approved by the Judicial Conference of the Umtcd States 111 S~ptcmbcr 1974, is required for the usc of the Clerk of Court for the p11rpose of IOitWt111f, the ~.'lVII do~~<'l sheet IS/J; /NSrt/1 /( '/JI)NS I!N NloXl /'AI;t, I!I· !HIS N!/1/v/) I. (a) PLAINTIFFS DEFENDANTS INDIANAPOLIS COLTS, INC. Texas A&M University (b) County of Residence of First Listed PlamtitT Brazos (/,XC'Iil'! IN U.S 1'/.A/NT/i'/: r AS/i,\) County of Residence of First Listed Defendant County Texas (IN US. PlAIN!'//• I· NOTE CASt;~~ Marion County. Indiana ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THETRACTOFLANDINVOLVED Attorneys (if Known) (C) Attorneys (Firm Name. ,Jddro,H, and Telephone Numher) John C. Cain, Fleckman & McGlynn, PLLC 8945 Long Point Road 1 Suite 120, Houstoni TX 77055 713-722-0120 William D. Raman & Sceven A. Fleckman, F eckman & cGlynn, PLLC 515 Congress Avenue, Suite 1800, Austin, Texas 787 1;512-476-7900 II. BASIS OF JURISDICTION rt'tan·an III. CITIZENSHIP OF PRINCIPAL "X ""'onet!oxOn(vt (f. or /Jn•er.\1~1' C'tHeA ( J11~\) 0 U_ S ~ I )II 3 Governmenl Federal Questton (f J S, ( invermnenl Not a l'arly) Plaintt ff 0 n 4 U S Governmt:n\ 2 Dtversit)' ({ndw ale ( 'lltzens/up Defendant (~//)arlin PARTIESrPiacean "X"rnoneBoxfort'larnriff and One Box for D~fendanr) PTF DEF PTF DEF Cittzen of rhis State 0 I 0 I Incorporated or Principal Place of Bus mess In This State 0 4 0 Cittzen of Another State 0 2 0 2 Incotvorated and P1incipal Place of Business In Another State 0 5 0 5 0 3 0 3 Foteign Nation 0 6 0 6 m/lem Ill) 4 IV NATURE OF SUIT (1'1"'.""" "X" 111 one Bo<~li•IJ1 CONTRACr 0 0 0 0 0 0 0 0 0 0 0 0 TORTS 110 120 130 140 150 Insurance Marine M1ller Act Negotiable lnstnnnent Recovery of Overpayment & Enforcement of Judgment 151 Medtcare Act 152 Recovery of Defaulted Student Loans (Excludes Yete1·ans) 153 Recovery of Overpayment ofVeteJan's Benetils 160 Stockholders' Suits 190 Other Contract 195 Contract Product Liability 196 Franchise 0 0 tO 0 tO 0 0 0 0 r1 I 0 0 0 0 0 0 210 220 230 240 245 290 REAL PIWP£RTY Land Condemnation Foreclosure Rent Lease & Ejectment Torts to Land Tori Product Liability All Other Real Property I0 PERSONAL INJliRY 110 Aitplanc 315 Anvlanc Pt oduct Liability 320 Assault, t,tbel & Slander 330 Federal Employers Liability 340 Mat'lnc 345 Marine P10duct Ltability 350 Motor Vehicle 355 Motor Vchtcle Product Lmhility 360 Other Personal lnjwy 362 Personal lnJtuYMed1cal Malpract1ce C IVI L RIG HTS n n ~ ·12 Empii>J•monl 14:\ l luus:m l\ ccou, tuoUul•on I0 0 625 Drug Related Seizure of Propelty 21 USC' 881 tO 690 Othet n 830 Pa1e111 ~ 840 1 rademark tO 368 Asbeslos Personal ln,1ury P1oduct Ltabdity PERSONAL PROPERTY 370 Other Fraud '71 Truth in Lending 380 Other Personal Property Damage 385 Properly Damage Ptoduct Ltability 0 0 0 0 PRISONER 'PETITTONS llabeas Corpus: LABOR 0 710 Fai r Labor Standa1ds Act 0 720 Labor/Management n n 1~1111)10 1IUCnl ~46 Amur wiD•snhthucs- tO 0 U tl u:r HS Edue111 ron 0 0 Sentence 5.1\l (icnelal 535 Death Penalt, Other: 1-10 ~ landamus & Other 550 C1\'il R1ghts 555 Pnson Cond1t1on 560 Civil Detainee- 0 0 0 0 Relotions 0 740 Railway Labor Act 0 751 Family and Medical Leave Act 0 790 Othet· Labor Litigation 0 791 Employee Retirement Income Secunty Act OTHER S'l'ATUTES IIANKRUPTCY 0 422 Appeal 28 USC 158 n 423 Withdrawal 28 usc 157 l'R PERTY RIGHTS 0 820 Copynghts Pharmaceutical Personal Injury Product Lwhthtv tO 46' Alien Deta1nee tO 510 ~·lotions to Vacote In . . liS Amt r. wfDlsublhii CS:I0 n •14U Olhcr t'ivr l R1~lliS lo '' •11 Volmt:. F0RFF.IT RE/ I'ENAI.TY PERSONAL INJliRY 365 Pe1 sonal lnJliiJ' Product Liability 1'1 167 Health Care/ 0 SOCIAL SECURITY 861 HIA ( 1395fl) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVl 865 RS I ( 405(g)) FEDERAl. TAX SUITS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 870 Taxes (US Plamtiff or Defendant) 0 871 IRS-Thud Pony 26 0 usc 7609 375 400 4 t0 430 450 460 470 False Claims Act State Reapportionment Antitrust Banks and Banking Commerce Depmtation Racketeer Influenced and Corrup1 Organiz~tions 480 Consumer Credit 490 Cable/Sat TV 850 Securities/Commodities/ Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Ma\lers 895 Freedom of lnfonnation Act 896 Arbitration 899 Administrative Procedure Act/Review or Appeal of Agency Decision 950 Constitutionality of State Statutes IMMIGRA1'10N 0 462 Naturaltzatton Appltcatton 0 465 Other lmmtgratlon Act1ons Condit1ons of Confinement V, ORIGIN )81 l Origmal (/'lace an "X" One Box l!nl;) 0 2 Removed from Procc~dtng VI. 111 State Court CJ 3 Remanded rrom Appellate Court 0 4 Reinstated or Reopened 0 5 0 6 Multidistrict Litigation CAUSEOFACTION ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~--­ Br•ef description of cause This is an action for trademark infringement, unfair competition , and dilution . 0 CliECK IF TillS IS A CLASS AC fiON VII. REQUESTED IN UNDER RULE 23. F R Cv P COMPLAINT: VIII. RELATED CASE(S) IF ANY JUDGE DATE DF:MAND $ CHECK YES only if demanded in complaint .JURY DEMAND: 0 Yes )l!( No DOCKET NUMBER SIGNATURE OF ATTORNEY OF RECORD Is/William D. Raman 11/12/2015 FOR OFFICE LISE ONLY RECEIPT II AMOUNT APPLYING IFP JUDGE MAG JUDGE