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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

USA FOOTBALL, INC., )
)
Plaintiff, )
)
v. ) CASE NO. 1:17-cv-1395
)
U.S. FEDERATION OF AMERICAN )
FOOTBALL, )
)
Defendant. )

COMPLAINT

Plaintiff USA Football, Inc. ("USA Football"), through its undersigned counsel, and for

its complaint against U.S. Federation of American Football (the "Defendant"), alleges as follows:

Nature of the Action

1. This is an action for trademark infringement, unfair competition, and false

designation of origin arising under the Lanham Act, 15 U.S.C. § 1051 et seq., and the statutes

and common law of the State of Indiana.

Jurisdiction and Venue

2. Jurisdiction over the parties and the subject matter of this action is proper in this

Court pursuant to 15 U.S.C. § 1121 (actions arising under the Lanham Act; 28 U.S.C. § 1331

(actions under the laws of the United States of America); and 28 U.S.C. § 1338(a) (actions

arising under an Act of Congress relating to, among other things, trademarks). 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. § 1367(a).

3. This Court has personal jurisdiction over Defendant because Defendant does

business in Indiana.

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4. Venue is properly founded in this judicial district pursuant to 28 U.S.C. § 1391

because a substantial part of the events giving rise to the claims in this action occurred within the

State of Indiana.

Parties

5. USA Football is a 501(c)(3) non-profit organization organized under the laws of

Virginia, with its headquarters at 45 N. Pennsylvania Street, Suite 700, Indianapolis, Indiana

46204.

6. Defendant is a Virginia corporation. Its registered agent is Rudolph Leo Wyland,

8300 Greensboro Drive, Suite L-130, McLean, Virginia 22102.

Allegations Applicable to All Counts

7. USA Football was endowed by that National Football League ("NFL") and the

National Football League Players Association ("NFLPA") in 2002. USA Football is the official

youth football development partner of the NFL and its thirty-two teams. USA Football is also the

sport of football's national governing body and a member of the United States Olympic

Committee. It hosts more than fifty (50) football training events annually, offering education for

coaches and game officials, skill development for players and resources for youth football league

administrators. USA Football organizes football development camps that (i) allow the nation's

top high school athletes to team up and receive instruction from top high school coaches and

NCAA coaches and (ii) and provide those athletes with the chance to represent the United States

at international competitions and championship events. USA Football has continually operated

these events and this team as the U.S. National Team (the "Mark").

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8. USA Football is the owner of all right, title, and interest in and to the Mark for

use in association with, among other things, sports exhibitions and events in the field of football

(from youth onward), with a date of first use at least as early as 2011.

9. By virtue of USA Football's extensive, continuous, and exclusive use of the Mark

in connection with, among other things, sports exhibitions and events in the field of football

(from youth onward), the Mark has come to be recognized and relied upon by consumers as

identifying such services and distinguishing such services from similar services offered by

others.

10. As a result of USA Football's extensive, continuous, and exclusive use of the

Mark in connection with, among other things, sports exhibitions and events in the field of

football (from youth onward), USA Football has developed substantial goodwill in the Mark.

11. Defendant, like USA Football, focuses its business efforts on development of

amateur football.

12. Defendant recently promoted on its website and official Facebook page that it has

“been named the United States representative to The World Games 2017 to be hosted in

Wroclaw, Poland in July.”

13. In furtherance of its efforts to field a team for The World Games 2017, Defendant

has solicited coaches and players from across the country (including in Indiana) to participate in

what it refers to as the U.S. National Team, though such team is not sanctioned by, sponsored by,

or affiliated with USA Football.

14. USA Football recently learned of Defendant's unauthorized use of the Mark (and

designations confusingly similar thereto) when it received communication from an independent

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football coach confused about whether Defendant's activities with respect to its U.S. National

Team were affiliated with USA Football.

15. Unless enjoined by this Court, Defendant's continued use of the Mark (and

designations confusingly similar thereto) in connection with its efforts to field a team to

participate in The World Games 2017 is likely to continue causing consumers to be confused,

mistaken, or deceived as to the affiliation, connection, or association of such efforts and

activities with USA Football.

COUNT I: UNFAIR COMPETITION AND FALSE DESIGNATION OF ORIGIN
(15 U.S.C. § 1125(a))

16. USA Football reincorporates and realleges paragraphs 1 through 15 as though

fully set forth herein.

17. The Defendant's use in commerce of the Mark (and designations confusingly

similar thereto) has caused and will continue to cause the public to believe, contrary to fact, that

the team and related activities it organizes are sponsored, licensed and/or otherwise approved by,

or are in some way connected to or affiliated with USA Football.

18. The Defendant's use in commerce of the Mark (and designations confusingly

similar thereto) already has and continues to cause mistake, deception, and consumer confusion.

19. The Defendant's use of the Mark (and designations confusingly similar thereto) is

likely to cause initial interest confusion among the general public.

20. The Defendant had actual knowledge of USA Football's prior use of the Mark

when it appropriated the Mark for its own use by virtue of USA Football's extensive promotion

and advertising of the Mark.

21. The foregoing actions of Defendant constitute unfair competition and false

designation of origin in violation of 15 U.S.C. § 1125(a), and, on information and belief, have

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been knowing, deliberate, willful, intended to cause mistake or to deceive, and in disregard of

USA Football's rights.

22. The Defendant has unfairly profited from the actions alleged.

23. By reason of foregoing willful and intentional actions, USA Football has suffered

damage to the goodwill associated with the Mark.

24. The Defendant's activities have irreparably harmed and, if not enjoined, will

continue to irreparably harm the general public who has an interest in being free from confusion,

mistake and deception.

25. By reason of the Defendant's acts, USA Football's remedy at law is not adequate

to compensate it for injuries inflicted by the Defendant. Accordingly, USA Football is entitled to

permanent injunctive relief pursuant to 15 U.S.C. § 1116.

26. By reason of the Defendant's knowing, intentional, deliberate, willful, and

malicious acts and pursuant to 15 U.S.C. § 1117, USA Football is entitled to (i) the Defendant's

profits; (ii) damages (and to have those damages trebled); and (iii) the costs of this action.

27. This is an exceptional case making USA Football eligible for an award of

attorneys' fees under 15 U.S.C. § 1117.

COUNT II: COMMON LAW UNFAIR COMPETITION
AND TRADEMARK INFRINGEMENT

28. USA Football reincorporates and realleges paragraphs 1 through 27 as though

fully set forth herein.

29. The Defendant's use in commerce of the Mark (and designations confusingly

similar thereto) is likely to cause—and has caused—confusion, mistake, and deception as to the

source of the Defendant's services.

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30. The Defendant's conduct constitutes trademark infringement and unfair

competition under the common law of the State of Indiana, entitling USA Football to relief.

31. The Defendant has unfairly profited from the actions alleged herein.

32. By reason of the Defendant's actions described above, USA Football has suffered

damage to the goodwill associated with the Mark and has suffered irreparable harm.

33. By reason of the Defendant's acts, USA Football's remedy at law is not adequate

to compensate it for the injuries inflicted by the Defendant. Accordingly, USA Football is

entitled to permanent injunctive relief.

34. USA Football is informed and believes and on that basis alleges that the

Defendant's conduct has been intentional and willful and in conscious disregard of USA

Football's rights.

COUNT III: UNJUST ENRICHMENT

35. USA Football reincorporates and realleges paragraphs 1 through 34 as though

fully set forth herein.

36. At the expense of and detriment to and without the prior express or implied

authorization of USA Football, the Defendant has been unjustly enriched through its knowing,

intentional, deliberate, willful, and malicious use of the Mark (and designations confusingly

similar thereto).

37. By reason of the Defendant's actions described above, USA Football has suffered

damages in an amount as yet to be ascertained but which continues to accrue and accumulate and

has suffered irreparable harm.

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38. By reason of the Defendant's acts, USA Football’s remedy at law is not adequate

to compensate it for the injuries inflicted by the Defendant. Accordingly, USA Football is

entitled to permanent injunctive relief.

COUNT V: CONVERSION
(Ind. Code § 35-43-4-3)

39. USA Football reincorporates and realleges paragraphs 1 through 38 as though

fully set forth herein.

40. By engaging in the knowing, intentional, deliberate, willful, and malicious actions

described above, the Defendant has exerted unauthorized control over the Mark with the intent to

deprive USA Football of its benefit.

41. The Defendant has therefore committed conversion as defined under Ind. Code §

35-43-4-3.

42. The Defendant's conversion of the Mark has proximately caused USA Football to

suffer damages in an amount as yet to be ascertained but which continues to accrue and

accumulate and irreparable harm.

43. By reason of the Defendant's acts, USA Football’s remedy at law is not adequate

to compensate it for the injuries inflicted by Defendant. Accordingly, USA Football is entitled to

permanent injunctive relief.

COUNT VI: DECEPTION
(Ind. Code § 35-43-5-3(a)(6))

44. USA Football reincorporates and realleges paragraphs 1 through 43 as though

fully set forth herein.

45. By engaging in the knowing, intentional, deliberate, willful, and malicious actions

described above, the Defendant has disseminated to the public information that the Defendant

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knows is false, misleading, or deceptive, with the intent to promote Defendant's business and/or

commercial interests.

46. The Defendant has therefore committed deception under Indiana Code § 35-43-5-

3(a)(6).

47. The Defendant's deception has proximately caused USA Football to suffer

damages in an amount as yet to be ascertained but which continues to accrue and accumulate and

irreparable harm.

48. By reason of Defendant's acts, USA Football’s remedy at law is not adequate to

compensate it for the injuries inflicted by Defendant. Accordingly, USA Football is entitled to

permanent injunctive relief.

COUNT VII: INDIANA CRIME VICTIM’S RELIEF ACT

49. USA Football reincorporates and realleges paragraphs 1 through 48 as though

fully set forth herein.

50. Under the Indiana Crime Victim's Relief Act (I.C. § 35-24-3-1), a person that

suffers pecuniary loss as a result of the violation of I.C. § 35-43 et seq., may bring a civil action

against the person who caused the loss for treble damages, costs of the action, and reasonable

attorneys’ fees.

51. The Defendant has violated Ind. Code. § 35-43 through knowing, intentional,

deliberate, willful, and malicious commission of (i) conversion under Ind. Code § 35-43-4-3 and

(ii) deception under Ind. Code. § 35-43-5-3.

52. USA Football is the victim of the Defendant's knowing, intentional, deliberate,

willful, and malicious criminal actions, and, as a result, has suffered actual pecuniary damages in

an amount as yet to be ascertained but which continue to accrue and accumulate.

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53. USA Football is accordingly entitled to an award of those actual damages as well

as statutory treble damages, corrective advertising damages, costs, and reasonable attorneys’

fees.

DEMAND FOR JURY TRIAL

USA Football hereby respectfully requests that all issues raised by this Complaint be

tried by jury.

PRAYER FOR RELIEF

WHEREFORE, USA Football, by counsel, hereby requests that this Court enter an order:

(a) enjoining the Defendant from using the Mark or any other name, word, mark, or

designation confusingly similar to the Mark in connection with its participation in the World

Games 2017, related activities, or any other service similar to those offered by USA Football;

(b) requiring Defendant to provide an accounting of all gains, profits, savings and

advantages realized by it from the unauthorized use of the Mark or any name, word, mark, or

designation confusingly similar thereto;

(d) requiring Defendant to surrender any and all merchandise, design, plans, and

marketing materials featuring the Mark or any name, word, mark, or designation confusingly

similar thereto;

(e) awarding USA Football all damages, costs, disbursements, expenses, and

attorneys’ fees owed to them pursuant to the Lanham Act and Indiana common and statutory law

by reason of Defendant's willful infringement of, conversion of, and deception related to the

Mark or any name, word, mark, or designation confusingly similar thereto;

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(f) declaring that this is an exceptional case under 15 U.S.C. § 1117 due to

Defendant's knowing, intentional, deliberate, willful, and malicious acts of trademark

infringement and awarding USA Football its reasonable attorneys’ fees; and

(g) all other just and proper relief to which USA Football is entitled.

Respectfully submitted,

Dated: May 2, 2017 /s/ Louis T. Perry
Louis T. Perry (#25736-49)
Amie Peele Carter (#19523-29)
FAEGRE BAKER DANIELS LLP
300 North Meridian Street
Suite 2700
Indianapolis, IN 46204
(317) 237-0300
(317) 237-0000 (Fax)
louis.perry@FaegreBD.com
amie.peelecarter@FaegreBD.com

Attorneys for Plaintiff, USA Football, Inc.

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