Complaint Bravo Kennel

0

Adam R. BialekScott M. Smedresman

WILSON, ELSER, MOSKOWITZ,EDELMAN

&

DICKER LLP

150

E.

42nd StreetNew York, NY 10017Telephone: 212-490-3000Attorneys for PlaintiffBRAVO KENNEL, LLCUNITED STATES DISTRICT COURTEASTERN DISTRICT OF NEW YORK

FtLEf..l

IN

CLERK'S

OFFICF

us.

DISit<ICICOURIE

oN

y

*

JUL

12

2011

*

BROOKLYN OFFICE

cv

11-

----------------------------,

BRAVO KENNEL, LLC,Civil Action No. :Plaintiff,

COMPLAINT

3337

WE\NSl"E\N,

J.

-against-JOHN PEPONAKIS and JOHN PEPONAKIS dlb/aAMERICAN BRED KENNEL.

DEMAND FOR JURY

TRI~o

~

..

M

J.

Defendants.Plaintiff, Bravo Kennel, LLC, (hereinafter referred to as "Plaintiff' or "Bravo Kennel")by their attorneys, WILSON, ELSER, MOSKOWITZ, EDELMAN

&

DICKER LLP,complaining

of

the Defendants, John Peponakis and John Peponakis d/b/a American BredKennel (hereinafter collectively referred to as "Defendants" or "Peponakis") allege and say asfollows:

PARTIES

1.

Plaintiff Bravo Kennel is a New York corporation, having its principal place

of

business at 159 A 23rd Street, Brooklyn, NY 11232.

2.

Upon information and belief, John Peponakis is an individual resident

of

the State

of

Florida, residing at 10084 Hernando Ridge Rd., Brooksville, FL 34613.

4382096v.l

Case 1:11-cv-03337-JBW -MDG Document 1 Filed 07/12/11 Page 1 of 11

3.

Upon information and belief, John Peponakis is doing business as American BredKennel, with its principal place

of

business at 10084 Hernando Ridge Rd., Brooksville, FL34613.4. Upon information and belief, Defendants John Peponakis and John Peponakis d/b/aAmerican Bred Kennel are owned and operated

by

the same individual, such that the entities arealter egos for each other. All allegations made against John Peponakis and/or John Peponakisd/b/a American Bred Kennel are made as and against both.

JURISDICTION AND VENUE

5.

This is a civil action arising from Defendants' misuse

of

Plaintiff's trademark andfalse advertising, and Defendants' breach

of

contract. The claims alleged in this Complaint ariseunder the Lanham Act,

15

U.S.C.

§

1051,

et seq.

and under New York State Law.

6.

This Court has jurisdiction over the subject matter

of

this action pursuant to

15

U.S.C.

§

1121

and 28 U.S.C.

§

1331

and 1338.

7.

This Court has supplemental jurisdiction over Plaintiff's state law claims pursuant to28 U.S.C. § 1367(a).

8.

Venue is proper in New York pursuant to 28 U.S.C. § 139l(b).

9.

This Court has personal jurisdiction over Defendants because Defendants haveconducted business within the State

of

New York, have committed the tortious acts hereinafterdescribed within or without the Eastern District

of

New York with the knowledge and intent thatthose acts would injure Plaintiff within the Eastern District

of

New York, and upon informationand belief, Defendants have substantial and ongoing contact with the Eastern District

of

NewYork.

2

4382096v.l

Case 1:11-cv-03337-JBW -MDG Document 1 Filed 07/12/11 Page 2 of 11

FACTUAL BACKGROUND

10. Bravo Kennel has been in the business

of

breeding and selling dogs since at least asearly as March of2007.

11.

Dogs bred by Bravo Kennel are

ofthe

highest quality, and are frequently used asshow dogs in national competitions.12. As a result

of

their quality and reputation, dogs bred by Bravo Kennel are sought afteras show dogs and for use in breeding other dogs.

13.

Since at least as early as March

of

2007, and uninterrupted through the present time,Bravo Kennel has used the trademarks BRA YO'S and BRAVO KENNEL (the "Marks") ininterstate commerce throughout the United States, including in this District, as identifiers

of

itsgoods and services.

14.

Bravo Kennel is the owner

of

a federal trademark registration for the mark BRAVOKENNEL, registered under Reg. No. 3849179 in connection with dog breeding services, amongother goods and services. This registration is valid and subsisting.

15.

Bravo Kennel has widely advertised its goods and services under the Marks, and hasspent considerable sums in developing their business and creating a customer base. BravoKennel has accrued significant, valuable and protectable goodwill in its Marks. Bravo Kennel'sMarks are identifiers

of

source for Bravo Kennel's goods and services, and are recognized by thepublic as designating Bravo Kennel's goods and services.

16.

Upon information and belief, Peponakis is in the business

of

breeding and sellingdogs.

17.

Upon information and belief, Peponakis advertises its services and the dogs it has forsale over the internet.

18.

Peponakis and Bravo Kennel are competitors in the breeding industry.

3

4382096v.l