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Complaint-Coach v. Downtown Gift Shop

Complaint-Coach v. Downtown Gift Shop

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Published by pauloverhauser
Complaint-Coach v. Downtown Gift Shop
Complaint-Coach v. Downtown Gift Shop

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Published by: pauloverhauser on Jul 01, 2013
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07/29/2014

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IN
THE
UNITED
STATES
DISTRICT COURTFOR THE NORTHERN DISTRICT OF INDIANASOUTH BEND DIVJSION
COACH, INC. and COACH SERVICES, INC.,Plaintiffs,
v.
30-07~{
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DOWNTOWN GIFT SHOP and CHUN YINGHUANG, individually and d/b/a DOWNTOWNGIFT SHOP,
Case No.
----"-----
Defendants
.
_---------------------------------------------------------------:'----------------
ORIGINAL COMPLAINT
Plaintiffs Coach, Inc. and Coach Services, Inc. (hereinafter collectively referred to as"Coach"), through their undersigned counsel, Locke Lord LLP, hereby file this OriginalComplaint against Defendants Downtown Gift Shop and Chun Ying Huang, individually andd/b/a Downtown Gift Shop (hereinafter collectively referred to as "Defendants") requestingdamages and injunctive relief, and upon personal knowledge as to their own acts andcircumstances, and upon information and belief as to the acts and circumstances
of
others, allege
as
follows:Nature
of
the Action
1.
This is an action for trademark infringement, false designation
of
origin and falseadvertising under the Lanham Act
15
U.S.C.
§§
1114, 1116, 1117, 1125(a) and (c); trademarkinfringement and unfair competition under the common law
of
the State
of
Indiana; and forgery
ORIGINAL COMPLAINT -Page 1
case 3:13-cv-00591-JVB-CAN document 1 filed 06/13/13 page 1 of 22
 
under Indiana Code § 35-43-5-2(b) as well as counterfeiting under Indiana Code § 35-43-5-2(a),pursuant to Indiana Code § 34-24-3-l.
Jurisdiction and Venue
2.
Jurisdiction over the parties and subject matter
of
this action is proper in thisCourt pursuant to
15
U.S.C. § 1121 (actions arising under the Lanham Act), 28 U.S.C. § 1331(actions arising under the laws
of
the United States), 28 U.S.c.
§
1332(a) (diversity
of
citizenship between the parties), and § 1338(a) (actions arising under an Act
of
Congress relating
to
copyrights and trademarks). This Court has supplemental jurisdiction over the claims in thisComplaint that arise under state statutory and common law pursuant to
28
U.S.C.
§
1367(a).
3.
This Court has personal jurisdiction over the Defendants because they
do
businessand/or reside in the State
of
Indiana.
4.
Venue is properly founded in this judicial district pursuant to 28 U.S.C.
§§
1391(b) and (c) and 1400 (b) because Defendants reside in this District, may be found in thisDistrict, and/or a substantial part
of
the events giving rise to the claims in this action occurredwithin this District.
Parties
5.
Plaintiff Coach, Inc. is a corporation duly organized and existing under the laws
of
the State
of
Maryland, with its principal place
of
business in New York, New York.
6.
Plaintiff Coach Services, Inc. is a corporation duly organized and existing underthe laws
of
the State
of
Maryland with its principal place
of
business in Jacksonville, Florida.
7.
Upon information and belief, Defendant Downtown Gift Shop is a domestic entityoperating a business under the assumed name Downtown Gift Shop at 713 West McKinley,Mishawaka, Indiana, and also has its principal place
of
business in Indiana.
ORIGINAL COMPLAINT
-
Page 2
case 3:13-cv-00591-JVB-CAN document 1 filed 06/13/13 page 2 of 22
 
8.
Upon information and belief, Defendant Chun Ying Huang,
IS
an individualresiding in Granger, st. Joseph County, Indiana.
9.
Upon information and belief, Chun Ying Huang is an agent
of
Downtown GiftShop.
10.
Plaintiffs are informed and believe, and based thereon allege, that at all relevanttimes herein, Defendants knew or reasonably should have known
of
the acts and behavioralleged herein and the damages caused thereby, and by their inaction ratified and encouragedsuch acts and behavior.
11.
Plaintiffs further allege that Defendants have a non-delegable duty to prevent orcause such acts and the behavior described herein, which duty Defendants failed and/or refused
to
perform.
12.
Upon information and belief, Defendant Chun Ying Huang is an individual whohas been doing business in her individual capacity and
as
the owner and/or operator
of
or inconcert with, inter alia, Downtown Gift Shop, and
is
individually liable for the infringingactivities described herein.
13.
At all relevant times Defendant Chun Ying Huang personally participated inand/or had the ability and right to supervise, direct, and control the infringing activities occurring
at
Downtown Gift Shop and alleged in this Complaint.
14.
Upon information and belief, Defendant Chun Ying Huang derived directfinancial benefits from the infringing activities alleged herein. As a result, Defendant Chun YingHuang is liable individually, contributorily and vicariously to Coach for the infringing activitiesalleged herein and that was occurring at Downtown GiftShop.
ORIGINAL COMPLAINT
-
Page 3
case 3:13-cv-00591-JVB-CAN document 1 filed 06/13/13 page 3 of 22

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