IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF ILLINOISEASTERN DIVISIONTHE LAW OFFICES OF PETER F.FERRACUTI, P.C.

Plaintiff,

v.DREW J. FERRACUTI,DREW FERRACUTI LAW FIRM(d/b/a FERRACUTI LAW FIRM),

Defendants.

§§§§§§§§§§§§§§Case No.:JURY TRIAL DEMANDEDCOMPLAINT

Comes now

Plaintiff, The Law Offices of Peter F. Ferracuti, P.C. (“Plaintiff”), for itsComplaint against Drew J. Ferracuti and Drew Ferracuti Law Firm (d/b/a Ferracuti Law Firm)(collectively “Defendants”). As its Complaint against Defendants, Plaintiff states and alleges asfollows:

NATURE OF THE ACTION

This is an action against Defendants for: trademark infringement and unfaircompetition under 15 U.S.C. § 1125(a) (a.k.a. § 43(a) of the Lanham Act); violation of theIllinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505; violation of theIllinois Uniform Deceptive Trade Practices Act, 815 ILCS 510; violation of the IllinoisTrademark Registration and Protection Act, 765 ILCS 1036; and common law unfaircompetition and trademark infringement.

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22.

Plaintiff, based in Ottawa, Illinois, is the owner of common law rights and stateand federal registrations for several service marks that include the term FERRACUTI and thatare used in connection with legal services. (Ex. 1, Plaintiff’s Trademark Registrations.) Plaintiff has used such marks in connection with legal services in interstate commerce for over thirtyyears.3.

As alleged and pleaded herein, despite Plaintiff’s long-standing use of thesemarks, Defendants, who are also based in Ottawa, Illinois, recently adopted and used servicemarks bearing identity or confusing similarity to Plaintiff’s FERRACUTI service marks. Forexample, Defendants adopted and used the mark FERRACUTI LAW FIRM and other variationsof marks containing the term FERRACUTI. Defendants’ misappropriation of Plaintiff’strademarks is an intentional attempt to pass off Defendants’ services as Plaintiff’s high qualityservices by deceiving the relevant public, including consumers.4.

Defendants have also competed unfairly with Plaintiff and employed deceptivebusiness practices. For example, knowing Plaintiff’s long-standing and excellent reputation forlegal services, Defendants likely cause confusion by inviting potential clients to “[t]urn to thehousehold name in Illinois' worker's compensation legal circles,” stating “it has been stated thatFerracuti is a household name in Illinois worker’s compensation . . .” and stating that DefendantDrew Ferracuti is “[o]ne of the most experienced and results-driven Workers’ Compensation andPersonal Injury lawyers in Illinois.” (Ex. 2, archives of Defendants’ websites.)5.

Defendants’ unfair competition, deceptive business practices, and unauthorizeduse of marks bearing identity or confusing similarity to Plaintiff’s trademarks is an effort to tradeon the valuable goodwill and reputation associated with Plaintiff’s trademarks, and is likely tocause confusion with regard to the affiliation or connection between Plaintiff and Defendants,

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3and with regard to the source, sponsorship, or approval of Defendants’ services, all to Plaintiff’sharm and Defendants’ unjust enrichment.6.

Plaintiff’s efforts to resolve this matter amicably have been unsuccessful.Accordingly, Plaintiff respectfully seeks an order from this Court barring Defendants from usingFERRACUTI in a misleading manner and requiring Defendants to take reasonable precautions toavoid consumer confusion.

THE PARTIES

Plaintiff The Law Offices of Peter F. Ferracuti, P.C. is an Illinois professionalcorporation offering legal services with a primary place of business at 110 E. Main Street,Ottawa, IL 61350.8.

Defendant Drew J. Ferracuti (“Drew Ferracuti”) is an individual practicing law inthe state of Illinois, with an address of 2965 E 1489

Rd., Ottawa, IL 61350-9011 and, uponinformation and belief, is the principal of Drew Ferracuti Law Firm.9.

Defendant Drew Ferracuti Law Firm (d/b/a Ferracuti Law Firm) is a law firmoffering legal services with a primary place of business at 607 Clinton Street, Ottawa, IL 61350.

JURISDICTION AND VENUE

10.

This Court has subject matter jurisdiction over Plaintiff’s federal claims, namely,trademark infringement and unfair competition under 15 U.S.C. § 1125(a), pursuant to 15 U.S.C.§1121 and 28 U.S.C. §§ 1331 and 1338(b). This Court has subject matter jurisdiction overPlaintiff’s remaining claims, namely, violation of the Illinois Consumer Fraud and DeceptiveBusiness Practices Act, violation of the Illinois Uniform Deceptive Trade Practices Act, violationof the Illinois Trademark Registration and Protection Act, and common law unfair competition,pursuant to 28 U.S.C. § 1367.