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United States District Court

Northern District of Indiana
South Bend Division


AL REASONOVER )
)
Plaintiff, )
)
v. ) Civil Action No. 3:14-cv-235
)
SOLARIUM LLC and SOLARIUM )
BITTERSWEET LLC )
)
Defendants. )

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

Plaintiff, Al Reasonover (hereinafter referred to as “Plaintiff”), through his undersigned
counsel, makes the following complaint against the Defendants, Solarium LLC and Solarium
Bittersweet LLC:
Nature of the Action
1. Plaintiff is an individual residing at 220 Marine Avenue, Elkhart, Indiana 46516.
2. Plaintiff is the owner of a service mark, “Tiki Tan” (hereinafter the “Mark”), registered
with the United States Patent and Trademark Office, Reg. No. 2602388. A copy of the
trademark electronic search system registration search is attached hereto as Exhibit A.
3. Plaintiff operates tanning salons under the Mark and develops tanning salons operated
by others to whom he licenses the use of the Mark for a fee.
4. The registration is valid, subsisting, in full force and effect, and has become
incontestable pursuant to 15 U.S.C. Sec. 1065.
5. The registration of the mark constitutes prima facie evidence of its validity and
conclusive evidence of Plaintiff’s right to use the Mark in connection with tanning salon
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services.
6. The registration also provides sufficient notice to Defendants of Plaintiff’s ownership
and exclusive rights in the Mark.
7. The Mark has been continuously used by Plaintiff and has never been abandoned.
8. Defendant, Solarium LLC, is an Indiana limited liability company with its registered
place of business located at 212 E. LaSalle Avenue, South Bend, IN 46617.
9. Defendant, Solarium Bittersweet LLC, is an Indiana limited liability company with its
principal place of business located at 4542 Elkhart Road, #700, Elkhart, IN 46517
10. This is an action for trademark infringement under 15 U.S.C. Sections 1114, 1116,
and 1117, as well as trademark infringement and unfair competition under the common law of
the State of Indiana.
Jurisdiction and Venue
11. Jurisdiction over the parties and the subject matter of this action is proper in this
Court pursuant to 15 U.S.C. Sec. 1121 (actions arising under the Lanham Act), 28 U.S.C. Sec
1331 (actions arising under the laws of the United States), 28 U.S.C. Sec. 1338(a) (actions
arising under an Act of Congress relating to copyrights and trademarks).
12. This Court has supplemental jurisdiction over the claims in this Complaint that arise
under state statutory and common law pursuant to 28 U.S.C. Sec. 1367(a).
13. This Court has personal jurisdiction over the Defendants because they do business
and are organized in the State of Indiana, within the Northern District of Indiana.
14. Venue is properly founded in this judicial district pursuant to 28 U.S.C. Sections
1391(b) and (c) because Defendants reside in this District, may be found in this District, and/or a
substantial part of the events giving rise to the claims in this action occurred within this District.
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Count I - Trademark Infringement –Injunctive Relief

15. Solarium LLC maintains a website known as www.tanattiki.com.
16. Solarium LLC displays a service mark at that website reading Tiki Tan by Solarium.
A copy of that website mark is attached hereto as Exhibit B.
17. A sample of the Mark registered by Plaintiff is attached as Exhibit C.
18. Solarium LLC entered into a licensing agreement with the Plaintiff to use the Mark
within a five mile territory around 4542 Elkhart Road, #700, Elkhart, IN 46517. A copy of that
agreement is attached hereto as Exhibit D.
19. The agreement does not permit Solarium LLC to alter the service mark in any way.
20. The agreement does not permit Solarium LLC to use the Mark outside of the five
mile territory around 4542 Elkhart Road, #700, Elkhart, IN 46517.
21. Solarium LLC had actual and constructive notice of Plaintiff’s federal trademark
registration of the Mark.
22. Solarium LLC’s use of the Mark altered to include its own name in connection with
the promotion, sale and distribution of tanning salon services infringes on Plaintiff’s rights in his
federally registered trademark, in violation of 15 U.S.C. Sec. 1114.
23. Solarium LLC and/or Solarium Bittersweet LLC operates a tanning salon under the
name “Tiki Tan” at 306 N. Bittersweet Road, Mishawaka, IN 46544.
24. Solarium LLC and/or Solarium Bittersweet LLC operates a tanning salon under the
name “Tiki Tan” at 1290 E. Ireland Road, South Bend, IN 46614.
25. Solarium LLC and/or Solarium Bittersweet LLC operates a tanning salon under the
name “Tiki Tan” at 215 E. University Drive, Granger, IN 46530.
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26. The operation of such tanning salons by Defendants using the “Tiki Tan” name is
without the permission of the Plaintiff.
27. Defendants’ illicit uses of the Mark constitute intentional, deliberate and willful
infringement.
28. Defendants’ actions are intended to cause, have caused, and are likely to continue to
cause, confusion, mistake, deception among consumers, the public, and the industry as to
whether Defendants’ services originate from, are affiliated with, sponsored or endorsed by
Plaintiff.
29. As a result of Defendants’ conduct, Plaintiff has suffered irreparable harm for which
there is no adequate remedy at law.
30. Plaintiff is entitled to injunctive relief against Defendants, restraining further
infringement of Plaintiff’s federally registered trademark.
31. As a result of Defendants’ conduct, Plaintiff has also suffered damages in an amount
as of yet determined.
Count II - Trademark Infringement - Damages
32. Plaintiff incorporates by reference the preceding Paragraphs 1-31.
33. Upon information and belief, Defendants have made and will continue to make
substantial profits and gains from the operation of such tanning salons using the “Tiki Tan”
name, to which they are not in law or equity entitled.
34. Upon information and belief, Defendants intend to continue infringing unless
restrained by the Court.
35. Defendants’ actions have damaged and will continue to damage Plaintiff, and
Plaintiff has no adequate remedy at law.
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36. Plaintiff is entitled to all illicit profits and gains made by Defendants
Count III - Common Law Trademark Infringement
37. Plaintiff incorporates by reference the preceding Paragraphs 1-36.
38. Plaintiff owns all rights, title and interest in and to the Mark including all common
law rights in such marks.
39. Defendants, without authorization from Plaintiff, have used and are continuing to use
spurious designations that are identical to, or substantially indistinguishable from, the Mark.
40. Defendants’ actions are intended to cause, have caused, and are likely to continue to
cause, confusion, mistake, deception among consumers, the public, and the industry as to
whether Defendants’ services originate from, are affiliated with, sponsored or endorsed by
Plaintiff.
41. Upon information and belief, Defendants have acted with knowledge of Plaintiff’s
ownership of the Mark and with deliberate intention or willful blindness to unfairly benefit from
the incalculable goodwill symbolized thereby.
42. Defendants’ actions constitute trademark infringement in violation of the common
law of the State of Indiana.
43. Upon information and belief, Defendants have made and will continue to make
substantial profits and gains to which they are not in law or equity entitled.
44. Upon information and belief, Defendants intend to continue infringing unless
restrained by the Court.
45. Defendants’ actions have damaged and will continue to damage Plaintiff, including
but not limited to lost profits, attorney fees, and costs of this action.

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Count IV - Common Law Unfair Competition
46. Plaintiff incorporates by reference the preceding Paragraphs 1-45.
47. Defendants’ actions constitute unfair competition in violation of the common laws of
the State of Indiana.
48. Upon information and belief, Defendants have made and will continue to make
substantial profits and gains to which they are not in law or equity entitled.
49. Upon information and belief, Defendants intend to continue infringing unless
restrained by the Court.
50. Defendants’ actions have damaged and will continue to damage Plaintiff, and
Plaintiff has no adequate remedy at law.
THEREFORE, Plaintiff respectfully requests that this Court enter judgment against
Defendants as follows:
a. Finding that (i) Defendants violated 15 U.S.C. Sec. 1114, (ii) Defendants have
engaged in trademark infringement and unfair competition under the common law of Indiana,
and (iii) such conduct has damaged Plaintiff monetarily and in ways not adequately remedied by
monetary damages alone.
b. Granting an injunction, preliminarily and permanently restraining Defendants, its
members, managers, agents, employees, and attorneys, and all those persons or entities in active
concert or participation with them from:
i. Altering the registered mark, “Tiki Tan,” in any way including but not limited
to including the words “by Solarium” with the mark;
ii. Operating tanning salons at 306 N. Bittersweet Road, Mishawaka, IN 46544,
1290 E. Ireland Road, South Bend, IN 46614, and 215 E. University Drive,
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Granger, IN 46530, under the name “Tiki Tan”; and
iii. engaging in any other activity constituting unfair competition with Plaintiff;
iv. engaging in any other activity constituting trademark infringement or which
deceives consumers or the public about the origin of services associated with
Plaintiff.
c. Requiring Defendants to file with this Court and serve on Plaintiff within thirty days
after entry of the injunction a report in writing under oath setting forth in detail the manner and
form in which Defendants have complied with the injunction.
d. Directing such other relief as the Court may deem appropriate to prevent consumers,
the public, and/or the industry from deriving any erroneous impression that any service at issue
in this action has been authorized by Plaintiff or is related in any way with Plaintiff.
e. Ordering Defendants to pay statutory damages or alternatively ordering Defendants to
account to and pay Plaintiff all profits realized by their wrongful acts and also awarding Plaintiff
its actual damages, and also directing that such profits or actual damages be trebled in
accordance with 15 U.S.C. Sec. 1117.
f. Awarding Plaintiff actual and punitive damages to which it is entitled under applicable
federal and state laws.
g. Awarding Plaintiff his costs, attorney fees, investigatory fees, and expenses to the full
extent provided by 15 U.S.C. Sec. 1117.
h. Awarding Plaintiff pre-judgment interest on any monetary award made a part of the
judgment against Defendants.
i. Awarding Plaintiff such additional and further relief as the Court may deem just and
proper.
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Respectfully submitted,





Dated: February 5, 2014 /s/ Frank J. Agostino__________
Frank J. Agostino, Esq.
120 W. LaSalle Avenue, Suite 704
P.O. Box 1635
South Bend, Indiana 46634
(574) 288-3750
(574) 245-5972 (FAX)
Frank_Agostino@msn.com

Attorney for Al Reasonover


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