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Rieke Corporation Complaint

Rieke Corporation Complaint

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Published by Kenan Farrell
Federal Trademark Infringement, Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition
Federal Trademark Infringement, Unfair Competition, Common Law Trademark Infringement, Common Law Unfair Competition

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Published by: Kenan Farrell on Aug 08, 2014
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08/27/2014

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1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION RIEKE CORPORATION d/b/a RIEKE PACKAGING SYSTEMS, Civil No. 1:14-cv-00241 Plaintiff, -v- RIEKES PACKAGING CORPORATION, COMPLAINTCOMPLAINTCOMPLAINTCOMPLAINT Defendant. Jury Trial Requested Plaintiff Rieke Corporation, by its attorneys Woodard, Emhardt, Moriarty, McNett & Henry, LLP, for its complaint states:
Nature of the Case
1.
 
This is a complaint for trademark infringement and unfair competition.
The Parties
2.
 
Plaintiff Rieke Corporation is an Indiana corporation with a principal place of business at 500 West 7
th
 Street, Auburn, IN 46706 and does business under the trade name RIEKE PACKAGING SYSTEMS. 3.
 
Defendant Riekes Packaging Corporation is, on information and belief, a Nebraska corporation, which is doing business in Indiana by selling its packaging and container products to Indiana customers through, for example, its regional sales office at Chicago, Illinois.
Jurisdiction and Venue
4.
 
This action arises under the federal Lanham Act, 15 U.S.C.
§
 1051
et seq.
, and Indiana common law. This Court has subject-matter jurisdiction over the federal
case 1:14-cv-00241-PPS-RBC document 1 filed 08/07/14 page 1 of 9
 
 
2 law claims under 28 U.S.C.
§§
 1331 and 1338 and 15 U.S.C.
§
 1121. This Court has supplement jurisdiction over the state law claims under 28 U.S.C.
§
 1367. 5.
 
The Court has personal jurisdiction over Defendant under Ind. Trial 4.4 and venue is proper in this district under 28 U.S.C.
§§
 1391 because, on information and belief, Defendant has marketed, sold and/or actively contracted to supply goods in the State of Indiana and within this district and actively conducts business in the State of Indiana and within this district, in connection with the matters giving rise to this action.
Facts Common to All Counts
6.
 
Plaintiff is an innovative, world-class designer, manufacturer and distributor of highly engineered closures and dispensing systems for the global marketplace. These high-performance products are designed to enhance the customers’ ability to store transport, process and dispense various products in the agricultural, beverage, food, household products, industrial, medical, nutraceutical, personal care and pharmaceutical markets. 7.
 
Plaintiff traces its origin back to 1921 when Theodore W. Rieke revolutionized the steel drum industry by creating the flange closure which could be inserted without brazing, required no fusing metals, was easily replaced, and prevented excessive scrap. 8.
 
Plaintiff has long since expanded its overall product line into specialty dispensing systems such as pumps, foamers, and sprayers for household dispensers as well as plastic and steel closures, caps, drum and pail enclosures, rings and
case 1:14-cv-00241-PPS-RBC document 1 filed 08/07/14 page 2 of 9
 
 
3 levers for the industrial market. 9.
 
Plaintiff is one of the largest manufacturers of packaging components in the world, with advertising and sales activities which extend throughout the world. A copy of Plaintiff’s homepage advertising both the trade name and the trademark RIEKE PACKAGING SYSTEMS® with its packaging component products and its world-wide marketing capability is appended as EXHIBIT A. 10.
 
Since as least as early as June 2000, the RIEKE PACKAGING SYSTEMS® trade name and trademark has been used continuously in association with Plaintiff’s dispensing systems and closures. Plaintiff is now well known throughout the United States and the world as a source of origin for these goods. Moreover, RIEKE PACKAGING SYSTEMS® symbolizes both the reputation of the company and the activities to which it engages. 11.
 
Over the years, Plaintiff has spent a considerable amount of money in establishing the trade name and the trademark in the minds of customers as a source of high quality and reliable packaging dispensers and closures. 12.
 
Today, the trade name and the trademark RIEKE PACKAGING SYSTEMS® has become associated in the minds of purchasers with Plaintiff as one of the largest and most reputable manufacturers and distributors of high quality and reliable packaging dispensers and closures in the world. 13.
 
Both Plaintiff and Plaintiff’s products have proudly and continuously borne the name RIEKE PACKAGING SYSTEMS®. Plaintiff’s products have been sold throughout the United States and the world under the mark RIEKE PACKAGING
case 1:14-cv-00241-PPS-RBC document 1 filed 08/07/14 page 3 of 9

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