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IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF ILLINOISSUPERDAWG DRIVE-IN, INC.,Plaintiff,v.DANNY OMARI d/b/a SUPERDOG,Defendant.))))) Civil Action No.)))))
COMPLAINTNATURE AND STATUTORY BASIS OF ACTION
1.
 
This is an action for [I] infringement of U.S. Trademark Registration No. 1,309,420 under Title 15, United States Code § 1114; [II] dilution of Plaintiff’s famoustrademark, under the laws of the United States, as provided under Title 15, United States Code, §1125(c), the State of Illinois, 765 ILCS 1036/65, and the State of New York, New York GeneralBusiness Law § 360-1; [III] unfair competition/false designation of origin under the laws of theUnited States, as provided under Title 15, United States Code § 1125 (a); [IV] unfair business practices under the laws of the State of Illinois and New York, as provided by the New York General Business Law, the Illinois Consumer Fraud and Deceptive Business Practices Act, andthe common law; and [V] deceptive trade practices under the laws of the State of Illinois and New York, as provided by the New York General Business Law, the Illinois Uniform DeceptiveTrade Practices Act and , and the common law.
Case 1:09-cv-03758 Document 1 Filed 06/22/2009 Page 1 of 13
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2
THE PARTIES
2.
 
Plaintiff, SUPERDAWG DRIVE-IN, INC. (“Plaintiff”), is an Illinois corporationhaving its business address at 3372 N. Avondale Avenue, Chicago, Illinois 60618.3.
 
On information and belief, Defendant, DANNY OMARI d/b/a SuperDog(“Defendant”), is an individual residing in the state of New York and operating a businesslocated at 111 MacDougal Street, New York, New York, under the name “SuperDog.”
JURISDICTION AND VENUE
4.
 
Jurisdiction over Counts I-V is expressly conferred on this Court under 15 U.S.C.§ 1121 and/or 28 U.S.C. §§ 1331, 1332 and 1338. The Court also has supplemental jurisdictionover the state law claims pursuant to 15 U.S.C. § 1367. Plaintiff alleges damages and injury toits rights which are valued at and total at least $75,000.5.
 
Personal jurisdiction over Defendant is vested in this Court since Defendant hascommitted one or more of the acts complained of herein within the United States and has causedinjury to Plaintiff within this State and District.6.
 
Venue is proper in the United States District Court for the Northern District of Illinois pursuant to 28 U.S.C. § 1391 (b) and (c). At all times material to this Complaint,Defendant has committed one or more of the acts complained of herein within the United Statesand caused injury within this State and District.
BACKGROUND
7.
 
Plaintiff began using the name SUPERDAWG for its fast food restaurant servicesand food products since at least as early as 1948 and has continuously used the SUPERDAWGname for such products and services.
Case 1:09-cv-03758 Document 1 Filed 06/22/2009 Page 2 of 13
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38.
 
Plaintiff is the owner of U.S. Trademark Registration No. 1, 309,420, registeredDecember 11, 1984, for Plaintiff's distinctive SUPERDAWG trademark for 
 fast food restaurant  services
. A true and accurate copy of this Registration is attached as
EXHIBIT A
.9.
 
This Registration is in full force and effect on the Principal Trademark Register and, as an incontestable Registration, constitutes conclusive evidence of the validity of theSUPERDAWG trademark and of the registration of the trademark, of Plaintiff's ownership of theSUPERDAWG trademark and of Plaintiff's exclusive right to use the SUPERDAWG trademark in commerce for 
 fast food restaurant services
as provided in 15 U.S.C. § 1115.10.
 
Since at least 1948, Plaintiff has served a signature menu item identified as its“Superdawg” hot dog at its restaurant located at 6363 North Milwaukee Avenue, Chicago,Illinois 60646. It also created and prominently features two over-sized hot dog characters,designated “Maurie” and “Flaurie,” on the top of its restaurant building located in Chicago,Illinois. Attached as
EXHIBIT B
is an image of Plaintiff’s restaurant in Chicago, Illinois whichfirst opened in 1948 and is still serving customers today.11.
 
Prior to the opening of Defendant’s business, Plaintiff’s restaurant and food products have been featured in national media including but not limited to multiple showings onthe Food Network, the Travel Channel, Public Television and CBS Morning Show. Plaintiff’sSUPERDAWG restaurant has been featured in national magazines, books and travel guides,including but not limited to Conde Nast, Newsweek, Parade, Smithsonian and Time magazines,as well as the book “A Thousand Places to See Before You Die” (see pp. 628-629), a publicationfeaturing interesting places located throughout the world, published in 2003 by WorkmanPublishing Co. in New York, New York, as well as in numerous national newspaper articles.
Case 1:09-cv-03758 Document 1 Filed 06/22/2009 Page 3 of 13
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