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C12-11309C

C12-11309C

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Categories:Topics, Art & Design
Published by: barzilay123 on Aug 06, 2012
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06/05/2014

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UNITED STATES DISTRICT COURTDISTRICT OF MASSACHUSETTS
CAST GROUP OF COMPANIES, INC.,Plaintiff,
V.
ivil Action No.:CAST C. ADOLPH & RST
DISTRIBUTION GMBH,
Defendant.
COMPLAINT AND JURY DEMANDPlaintiff CAST GROUP OF COMPANIES, INC., by its undersigned attorneys, by way of
Complaint herein, alleges as follows:PARTIES
1.Plaintiff CAST GROUP OF COMPANIES, INC. (hereinafter "CAST"), is a Canadian
corporation having a principal place of business at
35
Ripley Avenue, Unit 1 Toronto, Ontario,
2.
Defendant CAST C. ADOLPH & RST DISTRIBUTION GMBH (hereinafter "C.
ADOLPH") is, on information and belief, a German limited liability company having a principal
place of business at Kabeler StraBe
54a,
58099 Hagen, Germany.
Case 1:12-cv-11309-FDS Document 1 Filed 07/18/12 Page 1 of 10
 
JURISDICTION AND VENUE3.
This Court has subject matter jurisdiction over this action pursuant to 15 U.S.C. §1121 and 28 U.S.C. § 1338(a) and the doctrine of supplemental jurisdiction as codified in Title28 U.S.C. § 1367.
4.
Venue is proper in this Court pursuant to 28 U.S.C. § 1391(c)(3).
5.
On information and belief, Defendant C. ADOLPH markets and sells products andservices under the infringing mark CAST to businesses and individuals located in theCommonwealth of Massachusetts, and is doing business within this judicial district.Furthermore, on information and belief, C. ADOLPH offers and sells its products and services inthe United States, including to Massachusetts residents, via its website at <www.castinfo.de
>
and via its distributors in this country. On information and belief, residents of Massachusetts maypurchase said products and services in the Commonwealth by telephone, via salesrepresentatives, and over the internet. As a result of these activities, C. ADOLPH haspurposefully directed its activities to residents of the Commonwealth, causing tortuous injurywithin the Commonwealth, and the claims for relief stated herein arise out of activities and harmsuffered within the Commonwealth, so that the exercise of jurisdiction is reasonable. Therefore,this Court has general and specific personal jurisdiction over Defendant C. ADOLPH under theU.S. Constitution and the Massachusetts Long Arm Statute, Massachusetts General Laws. Ch.223A, § 3.
Case 1:12-cv-11309-FDS Document 1 Filed 07/18/12 Page 2 of 10
 
COUNT I - FEDERAL TRADEMARK AND SERVICE MARK INFFRINGEMENT
UNDER 15 U.S.C. 6 11146. From a date long prior to the actions of Defendant C. ADOLPH complained of herein,Plaintiff CAST has been engaged in the marketing and sale of computer software and relatedgoods and services in the field of entertainment and event lighting. In connection therewith,Plaintiff CAST has extensively used the mark and name CAST, and variations thereof, in theadvertising, promotion, and sale of its products and services. The CAST name and marks areprominently displayed on the goods themselves; on promotional and advertising materials for thegoods and services; at Plaintiff’s website at <www.cast-sofi.com>; and at trade shows andpromotional events. As a result of Plaintiff CAST’ s sales and promotional efforts, the nameCAST and the CAST marks have achieved substantial recognition and renown among relevantconsumers, and the mark and name CAST has become a well-known source indicator forPlaintiff CAST’ s products and services.
6.
laintiff CAST is the owner of the following United States Trademark andService Mark Registrations:Mark Registration No.
Issue Date
Services
CAST LIGHTING 2,790,436
12/09/2003
Design for others andconsultation for theentertainment and lighting
industry
3
Case 1:12-cv-11309-FDS Document 1 Filed 07/18/12 Page 3 of 10

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