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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

BRIX HAUS BREWING INC., d/b/a )
450 NORTH BREWING CO., )
)
Plaintiff, )
)
v. ) Case No. 1:17-cv-2529
)
INDIANA ON TAP, LLC, )
)
Defendant. )

COMPLAINT AND JURY DEMAND

For its Complaint against Defendant Indiana on Tap, LLC, Plaintiff Brix Haus Brewing

Co., doing business as 450 North Brewing Co., through the undersigned, states and alleges as

follows:

NATURE OF THE ACTION

1. This is an action for false designation of origin arising under the Lanham Act, 15

U.S.C. § 1051 et seq., and for unfair competition, fraud, deception, conversion, theft, and tortious

interference with economic advantage under the laws of the State of Indiana.

THE PARTIES

2. Plaintiff Brix Haus Brewing Co., doing business as 450 North Brewing Co. (“450

North”), is an Indiana corporation with its principal place of business in Columbus, Indiana.

3. Defendant Indiana on Tap, LLC (“Indiana on Tap”) is an Indiana limited liability

company with its principal place of business in Fishers, Indiana.

JURISDICTION AND VENUE

4. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and

1338(a) and 15 U.S.C. § 1121(a) because 450 North’s claim arises under the Lanham Act.

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5. This Court has supplemental jurisdiction over 450 North’s Indiana state law and

common law claims pursuant to 28 U.S.C. §§ 1338(b) and 1367(a) because those claims are

joined with a substantial and related claim under the Lanham Act, and are so related to the claim

under the Lanham Act that they form part of the same case or controversy under Article III of the

United States Constitution.

6. The exercise of in personam jurisdiction over Indiana on Tap comports with the

laws of the State of Indiana and the constitutional requirements of due process because Indiana

on Tap is a limited liability company registered and headquartered in Indiana, and Indiana on

Tap and/or its agents transact business, and/or offer to transact business, within Indiana.

7. This Court also has personal jurisdiction over Indiana on Tap because Indiana on

Tap has committed tortious acts in Indiana causing injury to 450 North in Indiana.

8. Venue is proper in this District under 28 U.S.C. §§ 1391(b)(1) and 1391(c)(2)

because Indiana on Tap is subject to personal jurisdiction in this District and resides in this

District.

ALLEGATIONS RELEVANT TO ALL COUNTS

A. 450 North conceives and develops the Corn Maze Beer Fest event.

9. 450 North is a brewery, tap room, and restaurant that opened in 2012 in

Columbus, Indiana.

10. In early 2016, 450 North conceived the idea of hosting an autumn-themed special

event in the fields immediately surrounding the brewery, featuring a corn maze, music, a

selection of beers from local and regional breweries, and other entertainment, that it came to call

the “Corn Maze Beer Fest.” It set the inaugural event for October 1, 2016 and anticipated that the

event would become an annual one.

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11. Indiana on Tap is a company that specializes in media and marketing services for

craft beer events in Indiana.

12. On February 9, 2016, 450 North contacted Indiana on Tap, inquiring about

Indiana on Tap’s interest in providing “organizational help” for the upcoming event. Indiana on

Tap was receptive to the idea.

13. In March 2016, 450 North sent emails to a large number of local and regional

breweries, inviting them to participate in the Corn Maze Beer Fest.

14. In the summer of 2016, Indiana on Tap sent 450 North a draft Service Agreement

(the “Unsigned Agreement”) to memorialize the terms on which Indiana on Tap would provide

services in connection to the Corn Maze Beer Fest for three successive years—2016, 2017 and

2018. While 450 North did not sign this contract, the parties did reach a binding oral contract

that incorporated the Unsigned Agreement’s terms with respect to the 2016 Corn Maze Beer Fest

(but not future events) and was binding on 450 North and Indiana on Tap (the “Oral Contract”).

The Unsigned Agreement is attached hereto as Exhibit A.

15. The Unsigned Agreement (and the Oral Contract) contemplated that Indiana on

Tap would provide several design and promotional services. These included the following

commitments:

a. It would custom-build and host an event website to help promote the festival,

including a ticketing website;

b. It would provide 450 North the “as-needed” assistance of a graphic designer;

c. It would design a logo for the event and other “social media images”;

d. It would create and advertise a Twitter account for the event, together with

unique hashtag; and

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e. It would develop and implement print and audio advertising for the event,

including press releases, newspaper ads, radio sponsorships, and printed

posters. Ex. A at ¶ 2.

16. Under the Unsigned Agreement (and the Oral Contract), 450 North reserved the

right to “review and, in 450 North’s sole discretion, approve or disapprove” all logos and images,

Twitter accounts or hashtags, and all other advertising materials. See Ex. A at ¶ 2.

17. Nowhere in the Unsigned Agreement (and the Oral Contract), or in the course of

any other communications with Indiana on Tap, did 450 North license to Indiana on Tap the

trademark CORN MAZE BEER FEST or any other terms, images, or logos associated with the

Corn Maze Beer Fest.

18. The first annual Corn Maze Beer Fest occurred on October 1, 2016. The festival

was a financial success, and 450 North paid Indiana on Tap 50 percent of the gross revenue from

festival ticket sales in accordance with the Unsigned Agreement (and the Oral Contract). See Ex.

A at ¶ 3(D).

19. However, 450 North was dissatisfied in some respects with the services that

Indiana on Tap performed on site during the festival. 450 North desired to engage Indiana on

Tap to perform services for future festivals on adjusted contractual terms reflecting a reduced

role, but after an exchange of communications, Indiana on Tap informed 450 North that, in light

of the two parties’ inability to come to an agreement, Indiana on Tap had decided to terminate

the business relationship and have no further involvement with the Corn Maze Beer Fest.

20. Specifically, Indiana on Tap representative Justin Knepp stated to 450 North co-

owners David and Brenda Simmons via email on March 2, 2017 that Indiana on Tap had decided

to “legally disassociate [itself] from the event all together [sic].”

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21. In the same email, Knepp warned that Indiana on Tap would publicly announce to

the Corn Maze Beer Fest’s brewery partners that the 2017 Corn Maze Brew Fest had been

canceled unless 450 North agreed to “buy out” what Indiana on Tap asserted was its property

interest in items associated with the event such as graphic designs, the

www.cornmazebeerfest.com website, the Twitter handle and account, and others.

22. Indiana on Tap had no right, on March 2, 2017 or at any other time, to cancel or

threaten to cancel the 2017 Corn Maze Beer Fest.

23. 450 North plans to host the 2017 Corn Maze Beer Fest in the autumn of 2017, and

future annual festivals in succeeding years, without Indiana on Tap’s participation.

B. Indiana on Tap’s Wrongful Conduct

24. 450 North conceived, organized, and hosted the inaugural 2016 Corn Maze Beer

Fest. As demonstrated by the terms of the Agreement (and the Oral Contract), under which 450

North retained the right to approve or disapprove of the appearance and uses of the term in

promotional materials, 450 North—not Indiana on Tap—owns a trademark on the term CORN

MAZE BEER FEST and the accompanying logo.

25. Indiana on Tap has engaged—and continues to engage—in conduct that is

inconsistent with 450 North’s ownership of the CORN MAZE BEER FEST trademark and logo.

This conduct is harmful to 450 North’s business interests and confusing to consumers.

26. On March 7, 2017, Indiana on Tap representative Justin Knepp sent 450 North an

email objecting to the formatting and content of an invitation to the 2017 Corn Maze Beer Fest

that 450 North had sent out to certain breweries. Knepp stated that many of these breweries were

“confused,” in part because they had already received an invitation from Indiana on Tap “several

weeks ago.” Knepp sent this email after Indiana on Tap had cut off negotiations about any

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participation in the 2017 Corn Maze Beer Fest and informed 450 North of its decision to “legally

disassociate” itself from the event.

27. Indiana on Tap has no right, absent agreement with 450 North, to send invitations

to the 2017 Corn Maze Beer Fest—or to any copycat event organized by Indiana on Tap

featuring a name that infringes on 450 North’s trademark rights in the CORN MAZE BEER

FEST trademark and/or logo.

28. Acting as 450 North’s agent pursuant to the Agreement, Indiana on Tap created

the website with URL www.cornmazebeerfest.com in 2016 to promote and sell tickets for the

2016 Corn Maze Beer Fest.

29. The front page of that website featured a logo that prominently displayed 450

North’s name as the host of the Corn Maze Beer Fest. That logo is reproduced below:

30. Indiana on Tap continued to operate that website even after it purported to

“disassociate” itself from 450 North and the Corn Maze Beer Fest.

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31. For a significant period of time in 2017 and including the months of April and

May, the website represented to the public that they could buy tickets for the 450 North 2017

Corn Maze Beer Fest, but displayed the wrong date for the event.

32. At other times, the website wrongly displayed a message to the public that the

2017 Corn Maze Beer Fest was sold out.

33. Indiana on Tap continues to operate the website www.cornmazebeerfest.com. The

website has recently been re-formatted, however, to advertise another event, to be organized by

Indiana on Tap, but also called the “Corn Maze Beer Fest.” The website currently informs the

public that the date, time, and location of this copycat event are yet to be announced. It also

invites the public to a “partner event” called “GnawBrew”—slated to occur a week before 450

North’s 2017 Corn Maze Beer Fest.

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34. When the public navigates to the “Buy Tickets” tab, Indiana on Tap redirects

users to its own website—www.indianaontap.com. An excerpt of the HTML code from

www.cornmazebeerfest.com illustrates this:

35. Indiana on Tap has also continued to display the logo it used to advertise the 2016

Corn Maze Beer Fest on behalf of 450 North—but with one significant alteration: it has simply

deleted the 450 North logo from the design and inserted its own logo. The logo that currently

appears on the www.cornmazebeerfest.com website, which is otherwise unchanged, is

reproduced below with Indiana on Tap’s own logo encircled:

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36. Indiana on Tap’s use of (i) the CORN MAZE BEER FEST trademark; (ii) the

website www.cornmazebeerfest.com; and (iii) an only slightly altered logo from the authentic

2016 event advertising its copycat 2017 event, is likely to cause confusion, mistake, or deception

in the market as to the source or origin of Indiana on Tap’s event, and to falsely suggest that

Indiana on Tap and any alternate events it hosts are sponsored by, connected to, or associated

with 450 North.

37. Indiana on Tap has also continued to use the Twitter handle and account that it

created for the 2016 Corn Maze Beer Fest even after it disassociated itself from 450 North in

March 2017.

38. 450 North, by counsel, informed Indiana on Tap that its conduct infringed on 450

North’s trademark rights, and requested formal transfer of ownership rights in the URL

www.cornmazebeerfest.com and the associated Twitter handle and account back to 450 North,

on March 9, 2017.

39. Because no valid agreement is currently in place between the parties, 450 North

has no control over the quality or value of any events or products that Indiana on Tap markets

under CORN MAZE BEER FEST trademark and logo. The invaluable goodwill associated with

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the CORN MAZE BEER FEST trademark and logo is thereby wrongfully at the mercy of

Indiana on Tap.

40. By using the CORN MAZE BEER FEST trademark and logo without

authorization, Indiana on Tap is and has been willfully and intentionally trading upon the

goodwill that 450 North developed at its considerable expense and effort. Indiana on Tap has

thereby caused and is causing 450 North substantial and irreparable harm and injury.

COUNT I
False Designation of Origin – 15 U.S.C. § 1125(a)

41. 450 North repeats and realleges the preceding paragraphs as if fully set forth

herein.

42. As alleged above, 450 North is the owner of an unregistered trademark associated

with CORN MAZE BEER FEST trademark and logo. The CORN MAZE BEER FEST

trademark and logo are inherently distinctive. 450 North, moreover, has developed and maintains

substantial secondary meaning in the CORN MAZE BEER FEST trademark and logo.

43. Indiana on Tap’s unauthorized use of the CORN MAZE BEER FEST trademark

and logo in connection with the URL and contents of the website www.cornmazebeerfest.com,

as alleged herein, constitutes false designation of origin in violation of the Lanham Act, 15

U.S.C. § 1125(a). Indiana on Tap’s unauthorized use of the CORN MAZE BEER FEST

trademark and logo in connection with Indiana on Tap’s www.cornmazebeerfest.com website,

Twitter handle and account, and other promotional materials is likely to cause (and in fact has

caused) confusion, mistake and/or deception as to the source or origin of Indiana on Tap’s events

or products, and to falsely suggest that Indiana on Tap and its events (including the advertised

GnawBrew event) are sponsored by, connected to, or associated with 450 North. Facebook posts

evidencing confusion are attached hereto as Exhibit B.

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44. Indiana on Tap’s wrongful use of the CORN MAZE BEER FEST trademark and

logo in connection with Indiana on Tap’s www.cornmazebeerfest.com website, Twitter handle

and account, and other promotional materials is knowing, deliberate, and willful.

45. As a direct and proximate result of Indiana on Tap’s actions described herein, 450

North has suffered, and will continue to suffer, irreparable injury to its business, reputation, and

goodwill, unless and until the Court preliminarily and permanently enjoins Indiana on Tap’s

actions. 450 North has no adequate remedy at law for those of Indiana on Tap’s actions that are

ongoing.

46. As a direct and proximate result of Indiana on Tap’s actions described herein, 450

North is entitled to a monetary recovery in an amount to be proven at trial.

COUNT II
Common Law Unfair Competition

47. 450 North repeats and realleges the preceding paragraphs as if fully set forth

herein.

48. Indiana on Tap’s unauthorized use of the CORN MAZE BEER FEST trademark

and logo in connection with Indiana on Tap’s www.cornmazebeerfest.com website, Twitter

handle and account, and other promotional materials as alleged herein constitutes common law

unfair competition in violation of the law of Indiana. Indiana on Tap’s use of the CORN MAZE

BEER FEST trademark and logo in connection with Indiana on Tap’s

www.cornmazebeerfest.com website, Twitter handle and account, and other promotional

materials is likely to cause confusion, mistake and/or deception as to the source or origin of

Indiana on Tap’s goods and services, and to falsely suggest that Indiana on Tap and its events

(including the GnawBrew event) or products are sponsored by, connected to, or associated with

450 North.

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49. Indiana on Tap’s wrongful use of the CORN MAZE BEER FEST trademark and

logo in connection with Indiana on Tap’s www.cornmazebeerfest.com website, Twitter handle

and account, and other promotional materials is knowing, deliberate, and willful.

50. As a direct and proximate result of Indiana on Tap’s actions described herein, 450

North has suffered, and will continue to suffer, irreparable injury to its business, reputation, and

goodwill, unless and until the Court preliminarily and permanently enjoins Indiana on Tap’s

actions. 450 North has no adequate remedy at law with respect to those actions of Indiana on Tap

that are ongoing.

51. As a direct and proximate result of Indiana on Tap’s actions described herein, 450

North has suffered, and will continue to suffer, monetary damages in an amount to be proven at

trial.

COUNT III
Indiana Crime Victim’s Relief Act– Indiana Code § 35-24-3-1
Deception – Indiana Code §§ 35-43-5-3(a)(6), 35-43-5-3(a)(9)

52. 450 North repeats and realleges the preceding paragraphs as if fully set forth

herein.

53. By engaging in the unlawful, knowing, intentional, deliberate, willful, and

malicious actions described above, Indiana on Tap has disseminated to the public information

that Indiana on Tap knows is false, misleading, or deceptive, with the intent to promote Indiana

on Tap’s business and/or commercial interests. Indiana on Tap has also disseminated to the

public an advertisement by means of its website, knowing that advertisement to be misleading or

deceptive, with the intent to promote the sales of its copycat “Corn Maze Beer Fest” event and its

unrelated GnawBrew event, thereby advancing its own business interests.

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54. Indiana on Tap has therefore committed deception under Indiana Code Sections

35-43-5-3(a)(6) and 35-43-5-3(a)(9).

55. As a direct and proximate result of Indiana on Tap’s actions described herein, 450

North has suffered, and will continue to suffer, irreparable injury to its business, reputation, and

goodwill, unless and until the Court preliminarily and permanently enjoins Indiana on Tap’s

actions. 450 North has no adequate remedy at law with respect to those of Indiana on Tap’s

actions that are ongoing.

56. As a direct and proximate result of Indiana on Tap’s actions described herein, 450

North has suffered, and will continue to suffer, monetary damages in an amount to be proven at

trial.

57. Under the Indiana Crime Victims’ Relief Act, Indiana Code Section 35-24-3-1, a

person that suffers pecuniary loss as a result of the violation of Indiana Code Sections 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.

58. As set forth herein, Indiana on Tap has violated Indiana Code Section 35-43-5-3

through Indiana on Tap’s knowing, intentional, deliberate, willful, and malicious commission of

deception.

59. 450 North is the victim of Indiana on Tap’s deception and other knowing,

intentional, deliberate, willful, and malicious actions set forth herein, and, as a result, has

suffered, and will continue to suffer, monetary damages in an amount to be proven at trial.

60. 450 North is accordingly entitled to an award of those actual damages as well as

statutory treble damages, corrective advertising damages, costs, and reasonable attorneys’ fees.

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COUNT IV
Indiana Crime Victim’s Relief Act – Indiana Code § 35-24-3-1
Conversion – Indiana Code § 35-43-4-3

61. 450 North repeats and realleges the preceding paragraphs as if fully set forth

herein.

62. By engaging in the unlawful, knowing, intentional, deliberate, willful, and

malicious actions described above, Indiana on Tap has knowingly or intentionally exerted

unauthorized control over 450 North’s valuable tangible and intangible property—the CORN

MAZE BEER FEST trademark and logo and the goodwill associated with the same—by making

unauthorized use of the CORN MAZE BEER FEST trademark and logo in connection with its

promotion of a copycat Corn Maze Beer Fest event and its unrelated GnawBrew event. Such

unauthorized use was for Indiana on Tap’s benefit and interfered with 450 North’s control over

the CORN MAZE BEER FEST trademark and logo and the accompanying goodwill.

63. As the owner of the CORN MAZE BEER FEST trademark and logo and the

accompanying goodwill, 450 North alone has the right to control and authorize the use of the

CORN MAZE BEER FEST trademark and logo.

64. Under the Indiana Crime Victims’ Relief Act, Indiana Code Section 35-24-3-1, a

person that suffers pecuniary loss as a result of the violation of Indiana Code Sections 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.

65. As set forth herein, Indiana on Tap has violated Indiana Code Section 35-43-4-3

through Indiana on Tap’s exercise of unauthorized control over 450 North’s valuable tangible

and intangible property—the CORN MAZE BEER FEST trademark and logo and the goodwill

associated with the same.

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66. 450 North is the victim of Indiana on Tap’s conversion and other knowing,

intentional, deliberate, willful, and malicious actions set forth herein, and, as a result, has

suffered, and will continue to suffer, monetary damages in an amount to be proven at trial.

67. 450 North is accordingly entitled to an award of those actual damages as well as

statutory treble damages, corrective advertising damages, costs, and reasonable attorneys’ fees.

COUNT V
Indiana Crime Victim’s Relief Act – Indiana Code § 35-24-3-1
Theft – Indiana Code § 35-43-4-2

68. 450 North repeats and realleges the preceding paragraphs as if fully set forth

herein.

69. By engaging in the unlawful, knowing, intentional, deliberate, willful, and

malicious actions described above, Indiana on Tap has knowingly or intentionally exerted

unauthorized control over 450 North’s valuable tangible and intangible property—the CORN

MAZE BEER FEST trademark and logo and the goodwill associated with the same—with the

intent to deprive 450 North of a part of its value and by making unauthorized use of the CORN

MAZE BEER FEST trademark and logo in connection with its promotion of a copycat Corn

Maze Beer Fest event and its unrelated GnawBrew event. Such unauthorized use was for

Indiana on Tap’s benefit and interfered with 450 North’s control over the CORN MAZE BEER

FEST trademark and logo and the accompanying goodwill.

70. As the owner of the CORN MAZE BEER FEST trademark and logo and the

accompanying goodwill, 450 North alone has the right to control and authorize the use of the

CORN MAZE BEER FEST trademark and logo.

71. Under the Indiana Crime Victims’ Relief Act, Indiana Code Section 35-24-3-1, a

person that suffers pecuniary loss as a result of the violation of Indiana Code Sections 35-43 et

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seq., may bring a civil action against the person who caused the loss for treble damages, costs of

the action, and reasonable attorneys’ fees.

72. As set forth herein, Indiana on Tap has violated Indiana Code Section 35-43-4-2

through Indiana on Tap’s exercise of unauthorized control over 450 North’s valuable tangible

and intangible property—the CORN MAZE BEER FEST trademark and logo and the goodwill

associated with the same.

73. 450 North is the victim of Indiana on Tap’s theft and other knowing, intentional,

deliberate, willful, and malicious actions set forth herein, and, as a result, has suffered, and will

continue to suffer, monetary damages in an amount to be proven at trial.

74. 450 North is accordingly entitled to an award of those actual damages as well as

statutory treble damages, corrective advertising damages, costs, and reasonable attorneys’ fees.

COUNT VI
Fraud

75. 450 North repeats and realleges the preceding paragraphs as if fully set forth

herein.

76. In the text of the Unsigned Agreement (and the Oral Contract), Indiana on Tap

represented that the services it performed on 450 North’s behalf, including the creation of the

website with URL www.cornmazebeerfest.com, commissioning of a logo for the Corn Maze

Beer Fest, creation of a Twitter account and handle associated with the event, and other

advertising and promotional services, had been performed on behalf of 450 North and in

consideration for compensation in the form of 50 percent of ticket sales for the event.

77. Indiana on Tap representative Justin Knepp also represented to David and Brenda

Simmons in his March 2, 2017 email that Indiana on Tap had decided to “legally disassociate”

itself with the 2017 Corn Maze Beer Fest and all future such annual events.

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78. These representations were untrue, and Indiana on Tap made them with

knowledge of, or reckless indifference to, their falsity.

79. 450 North relied on Indiana on Tap’s misrepresentations in entering into the Oral

Contract with Indiana on Tap under which Indiana on Tap performed services for the 2016 Corn

Maze Beer Fest. 450 North also relied on Indiana on Tap’s March 2, 2017 representations that it

had “legally disassociated” itself from the Corn Maze Beer Fest, continuing to take steps to plan

the 2017 festival without anticipating that it would face a competing festival, with exactly the

same name, being advertised on a website that had originally been created for 450 North and

would be associated by customers with 450 North, and using a logo and other promotional

materials that had originally been developed for 450 North and had been altered only slightly.

80. 450 North would not have entered into a business relationship with Indiana on

Tap had it known of the falsity of Indiana on Tap’s representations as to the nature of the

services it performed on 450 North’s behalf.

81. 450 North has suffered harm as a direct result of Indiana on Tap’s

misrepresentations and its reliance on those misrepresentations. 450 North’s goodwill in the

CORN MAZE BEER FEST trademark and the Logo has been damaged by the existence of a

copycat event with the same name and by the customer confusion engendered by Indiana on

Tap’s continued use of the URL and social media profile created for—and associated by the

public and business partners with—450 North’s festival.

82. As a direct and proximate result of Indiana on Tap’s actions described herein, 450

North has suffered, and will continue to suffer, monetary damages in an amount to be proven at

trial.

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COUNT VII
(Tortious Interference with Economic Advantage)

83. 450 North repeats and realleges the preceding paragraphs as if fully set forth

herein.

84. In connection with the Corn Maze Beer Fest, 450 North has business relationships

with a number of breweries who participated in the 2016 Corn Maze Beer Fest and with whom

450 North intended to partner in connection with the 2017 Corn Maze Beer Fest and future

events.

85. Indiana on Tap knows of those business relationships. Its performance of

contractual services in organizing the 2016 Corn Maze Beer Fest gave it access to the list of 450

North’s brewery partners for the event.

86. Indiana on Tap intentionally interfered with 450 North’s business relationships

when it sent them a misleading and unauthorized invitation to the 2017 Corn Maze Beer Fest.

Indiana on Tap acknowledged having sent these invitations in a March 7, 2017 email to 450

North.

87. Indiana on Tap has interfered, and is interfering, with 450 North’s business

relationships by displaying confusing information and infringing content on Indiana on Tap’s

www.cornmazebeerfest.com website, Twitter handle and account, and other promotional

materials.

88. Indiana on Tap lacks any justification for these acts of interference. There was no

legitimate business purpose for Indiana on Tap’s actions, and Indiana on Tap acted intentionally

and maliciously, aiming its conduct willfully toward the harm of 450 North’s business interests.

89. 450 North has suffered, and is continuing to suffer, monetary damages as a result

of Indiana on Tap’s interference in its business relationships, in an amount to be proved at trial.

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PRAYER FOR RELIEF

WHEREFORE, Plaintiff 450 North respectfully requests that judgment be entered in its

favor and prays:

A. That this Court preliminarily and permanently enjoin Indiana on Tap and each of

its affiliates, associates, agents, servants and employees, and all others acting in concert with

Indiana on Tap, from directly, indirectly, contributorily, or vicariously infringing 450 North’s

trademark in the term CORN MAZE BEER FEST and the accompanying logo, from any and all

use of the term CORN MAZE BEER FEST and the accompanying logo by Indiana on Tap, or

engaging in other conduct that in any way represents or implies that Indiana on Tap’s events or

products are in any way associated with 450 North, and from otherwise engaging in unfair

competition or deception;

B. As a specific form of preliminary and permanent injunctive relief, that this Court

order Indiana on Tap to immediately cease its use of the website with URL

www.cornmazebeerfest.com;

C. That this Court order Indiana on Tap to pay to 450 North such damages as 450

North has sustained by reason of Indiana on Tap’s false designation of origin, unfair competition,

deception, fraud, conversion, theft, tortious interference with economic advantage, and other

wrongful conduct;

D. That this Court order Indiana on Tap to account for and to pay 450 North all

profits derived by Indiana on Tap by reason of the acts complained of herein;

E. That this Court treble all profits and damages owing to 450 North due to (i)

Indiana on Tap’s false designation of origin pursuant to 15 U.S.C. § 1125(a), and (ii) Indiana on

Tap’s deception, fraud, conversion and theft;

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F. That this Court order Indiana on Tap to pay 450 North its reasonable attorneys’

fees and costs pursuant to 15 U.S.C. §§ 1125(a) and Indiana Code § 35-24-3-1; and

G. That this Court award 450 North such other further relief as this Court deems just.

DEMAND FOR JURY TRIAL

450 North respectfully requests a trial by jury on all issues raised by this Complaint.

Dated: July 27, 2017 Respectfully submitted,

/s/ Louis T. Perry
Louis T. Perry (#25736-49)
louis.perry@faegrebd.com
Amie Peele Carter (#19523-29)
amie.peelecarter@faegrebd.com

FAEGRE BAKER DANIELS LLP
300 North Meridian St., Suite 2700
Indianapolis, IN 46204
Phone: (317) 237-0300
Fax: (317) 237-0000

Attorneys for Plaintiff, Brix Haus Brewing Inc.
d/b/a 450 North Brewing Co.

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