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Aug 8, 2012 Notice of Intention to File Claim

Aug 8, 2012 Notice of Intention to File Claim

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Published by propertyintangible
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN THE RED FLANNEL FESTIVAL, a Michigan Corporation Claimant, v. CITY OF CEDAR SPRINGS, a Michigan Municipal Corporation Defendant. NOTICE OF INTENTION TO FILE CLAIM Claimant, THE RED FLANNEL FESTIVAL (hereinafter “RFF”), in compliance with the terms of MCL §88.20 and Charter for the City of Cedar Springs §8.5, for its notice to Defendant, CITY OF CEDAR SPRINGS, a Michigan Municipal Corporation (hereinafter “Defendant” or “City”) stat
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN THE RED FLANNEL FESTIVAL, a Michigan Corporation Claimant, v. CITY OF CEDAR SPRINGS, a Michigan Municipal Corporation Defendant. NOTICE OF INTENTION TO FILE CLAIM Claimant, THE RED FLANNEL FESTIVAL (hereinafter “RFF”), in compliance with the terms of MCL §88.20 and Charter for the City of Cedar Springs §8.5, for its notice to Defendant, CITY OF CEDAR SPRINGS, a Michigan Municipal Corporation (hereinafter “Defendant” or “City”) stat

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Published by: propertyintangible on Aug 26, 2012
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IN THE UNITED STATES DISTRICT COURTWESTERN DISTRICT OF MICHIGAN
THE RED FLANNEL FESTIVAL, aMichigan CorporationClaimant,v.CITY OF CEDAR SPRINGS, a MichiganMunicipal CorporationDefendant.Civil Action No.
NOTICE OF INTENTIONTO FILE A CLAIMNOTICE OF INTENTION TO FILE CLAIM
 Claimant, THE RED FLANNEL FESTIVAL (hereinafter “RFF”), in compliance with theterms of MCL §88.20 and Charter for the City of Cedar Springs §8.5, for its notice toDefendant, CITY OF CEDAR SPRINGS, a Michigan Municipal Corporation (hereinafter “Defendant” or “City”) states:1. Claimant intends to file a claim against the City of Cedar Springs, a Michiganmunicipal corporation.2. The claim is based on the following facts:a. On or about the year 1939, RFF began using the RED FLANNEL FESTIVALtrademark in association with an event it organizes and hosts annually in the cityof Cedar Springs, Michigan. b. On June 3, 2005, RFF registered several of its trademarks with the State of Michigan, Department of Labor and Economic Growth.c. On May 15, 2012, RFF obtained federal registration for its RED FLANNELFESTIVAL and DESIGN trademark having a circular design or logo containingthe words “THE RED FLANNEL FESTIVAL CEDAR SPRINGS - MICHIGAN”for entertainment services.d. Upon information and belief, City, in common with the public, is well aware of the vast and valuable goodwill and reputation represented and symbolized byRFF’s trademarks.
 
e. Upon information and belief, City, having knowledge of RFF’s trademarks, hasoffered for sale and/or otherwise used in interstate commerce, trash cans, streetsigns, license plate covers, website content, vehicles, business cards, park  benches, and brochures, among other items, bearing the RFF trademarks andconfusingly similar alternatives thereof.f. City uses the THE RED FLANNEL TOWN mark and the correspondingcircular logo on service identifying items such as business cards and websites thatare identical to the service identifying items on which RFF uses its trademarks.g. To the extent any actual and/or implied license existed between RFF and City,such license has been terminated.h. Accordingly, City is infringing and unfairly benefiting for its use of RFF’strademarks, and in doing so is diluting the RFF’s marks.3. Claimant alleges the following items of damage and seeks recovery for them:a. Preliminarily and permanently enjoining and restraining City and its respectiveofficers, agents, servants, employees, and attorneys, and those persons in activeconcert or participation with City from using the THE RED FLANNEL TOWNmark and the corresponding THE RED FLANNEL TOWN circular logo, or anymark that is confusingly or deceptively similar to RFF’s trademarks, either aloneor in conjunction with other words or symbols, as part of any trademark, servicemark, logo, trade name, corporate name, assumed name, domain name, or inrelation to any services advertised or provided by City, or in any other manner. b. Directing City, pursuant to 15 U.S.C. § 1118, to destroy all literature, signs,labels, prints, packages, wrappers, containers, advertising materials, Internetcontent, stationary, business cards, park benches, vehicles and any other items intheir possession or control which contain the infringing designation THE REDFLANNEL TOWN, or any term confusingly or deceptively similar to RFF’strademarks, either alone or in combination with other words or symbols.c. Awarding RFF all damages permitted by 15 U.S.C. § 1117, including attorney'sfees and trebled damages.d. Awarding RFF all profits, gains, benefits, and advantages derived by City fromits unjust enrichment and other conduct as alleged herein.e. Awarding RFF exemplary and/or punitive damages by reason of City’s willful,intentional, and malicious acts.f. Awarding RFF such further relief as the Court deems just and proper.

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