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Cummins T-Shirt Complaint

Cummins T-Shirt Complaint

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Published by Kenan Farrell
Indiana, Trademark, Counterfeiting
Indiana, Trademark, Counterfeiting

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Categories:Types, Business/Law
Published by: Kenan Farrell on Dec 17, 2013
Copyright:Attribution Non-commercial

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01/20/2014

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1UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF INDIANAINDIANAPOLIS DIVISIONCUMMINS INC.,Plaintiff,v.
T’SHIRT FACTORY,
FREEDOM CUSTOM Z,SHAMIR HARUTYUNYAN,anindividual,and DOES 1-10,Defendants.Case No.1:13-cv-1972JURY TRIAL DEMANDED
COMPLAINT
Plaintiff, Cummins Inc. (“Cummins”), by and through its undersigned counsel, for itsComplaint against Defendants T’SHIRT FACTORY, SHAMIR
HARUTYUNYAN, FREEDOMCUSTOM Z and DOES 1-
10 (collectively, “Defendants”), allege as follows:
1.This is an action for a temporary restraining order, injunction, and money
damages arising from Defendants’ trademark infringement, trademark dilution, and sales o
counterfeit goods bearing Cummins trademarks. Defendants’ acts have caused, and continue to
cause, irreparable harm to Cummins.
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2
THE PARTIES
2.Plaintiff Cummins Inc. is a corporation organized and existing under the laws othe State of Indiana with a principal place of business at 500 Jackson Street, Columbus, Indiana47201.3.
On information and belief, Defendant T’Shirt Factory is a business with several
operating locations in or around Indianapolis, Indiana, including kiosks at Greenwood Park Mall(1251U.S. Highway 31, Greenwood, IN 46142) and at Castleton Mall (6020 E. 82nd St,
Indianapolis, IN 46250). Defendant T’Shirt Factory’s business includes the sale of t
-shirts,sweatshirts, and other apparel with logos affixed or printed thereon.4.On informationand belief, DefendantShamir Harutyunyan, an individual, is aresident of the State of Florida with an address of 136 Seagrass Way, Panama City Beach,Florida 32407.Defendant Shamir Harutyunyan is an owner, agent, and/or officer of Defendant
T’Shirt Factory and has recently reserved the business entity name “T
-
Shirt Factory” with the
Indiana Secretary of State. On information and belief,Harutyunyanwas personally aware of,and authorized, approved, ratified, participated in, and instigated the wrongfulconduct alleged inthis Complaint.5.On information and belief, Defendant Freedom Custom Z is a business with atleast one operating location in Bloomington, Indiana
a kiosk at the College Mall (2894 E. 3rdSt, Bloomington, IN 47401). Defendant Freedom Cus
tom Z’s business includes the sale of t
-shirts, sweatshirts, and other apparel with logos affixed or printed thereon.6.
Cummins is ignorant of the true names of defendant Does 1 through 10 (“DoeDefendants”), inclusive, and therefore sues those defendants by
such fictitious names. Oninformation and belief, Doe Defendants are responsible for the acts alleged in this Complaint.
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3When the true names of the Doe Defendants are ascertained, Cummins will seek leave of thisCourt to amend this Complaint to name those individuals or entities.
JURISDICTION AND VENUE
7.This is an action for counterfeiting, trademark infringement, and trademarkdilution. This action arises under the Trademark Act of 1946, 15 U.S.C. § 1051, et. seq.,
(“Lanham Act”).
8.This Court has subjectmatter jurisdiction over this action pursuant to at least 15U.S.C. § 1121 (actions arising under the Lanham Act) and 28 U.S.C. §§ 1331, 1338(a).9.This Court may exercise personal jurisdiction over Defendants based upon theircontacts with this forum, including at least regularly and intentionally doing business here andcommitting acts giving rise to this lawsuit here. Defendants transact or have transacted businessin the United States and within this judicial district for their gain and profit, and are subject to the jurisdiction of this Court at least by having directly infringed the subject U.S. TrademarkRegistrations owned by the Plaintiff, and such infringement has taken place within the UnitedStates and the Southern District of Indiana. Defendantspurposefully availed themselves of thebenefits and protections of the forum, and the alleged harm caused by Defendants has and will besuffered in this forum State and in this judicial district.10.Venue is proper in this judicial district pursuant to at least 28 U.S.C. §§ 1391(b)and (c).
CUMMINS’ TRADEMARKS AND PRODUCTS
11.Cummins was founded nearly a century ago and is a global power leader withcomplementary business units that design, manufacture, distribute and service engines andrelated technologies, including fuel systems, controls, air handling, filtration, emission solutions
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