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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

CTR TOURING, INC. and ) CHANCE THE RAPPER, LLC ) ) Plaintiffs, ) Case No. 17-cv-2939 ) v. ) Honorable Judge: ) JOHN DOES 1-100, individuals, ) Hon. Magistrate Judge: JANE DOES 1-100, individuals, ) and XYZ COMPANY, business ) entity form unknown, ) ) Defendants. )

COMPLAINT

Plaintiffs, CTR TOURING, INC. and CHANCE THE RAPPER, LLC, by their undersigned attorneys, file this Complaint against Defendants, JOHN DOES 1-100, JANE DOES 1-100 and XYZ COMPANY, and in support hereof respectfully allege as follows:

NATURE OF ACTION

1.

This action arises under the Lanham Trademark Act, 15 U.S.C. §§ 1051 et seq. (the "Lanham Act"); the Illinois Right of Publicity Act, 765 ILCS 1075; the Illinois Uniform Deceptive Trade Practices Act, 815 ILCS 510/2; the Illinois Consumer Fraud and Deceptive Business Practice Act, 815 ILCS 505/2; and for misappropriation and unfair competition under Illinois common law.

JURISDICTION AND VENUE

2.

This Court has federal jurisdiction over the claims herein pursuant to Sections 1331, 1332

and 1338 of the Judicial Code, 28 U.S.C. §§ 1331, 1332 and 1338, and through the Court’s

pendent jurisdiction. Venue is proper under 28 U.S.C. § 1391 because the Defendants are subject to personal jurisdiction in this District.

Case: 1:17-cv-02939 Document #: 1 Filed: 04/19/17 Page 1 of 11 PageID #:1

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PARTIES

3.

Plaintiff, Chance the Rapper, LLC, is an Illinois limited liability company with its principal place of business in Chicago, Illinois. 4.

Plaintiff, CTR Touring, Inc., is an Illinois corporation with its principal place of business in Chicago, Illinois. 5.

Plaintiffs Chance the Rapper, LLC and CTR Touring, Inc. are collectively referred

to herein as “Plaintiffs.”

6.

Defendants, John Does 1-100, Jane Does 1-100 and XYZ Company are sued herein under fictitious names because their true names and capacities are unknown at this time. This Complaint will be amended when

Defendants’

true names and capacities are ascertained. 7.

Upon information and belief, the individual Defendants and Defendant XYZ Company through its agents, servants and employees are or will be present in and around the Northern District of Illinois in connection with the claims asserted below and are or will be subject to the jurisdiction of this Court. 8.

Defendants, and each of them, are individuals and business entities who, upon information and belief, are acting in concert and active participation with each other in committing the wrongful acts alleged herein. Defendants John Does 1-100, Jane Does 1-100, and XYZ Company are hereinafter referred to collectively as "Defendants."

THE BACKGROUND OF THE ACTION

9.

“

CHANCE THE RAPPER

”

is the trademark used by the musical performer, Chancelor Bennett (hereinafter "Artist"), in connection with his performing, recording, merchandising and other related goods in all aspects of the entertainment industry and to distinguish his services from all other such artists. Artist has used his marks in connection with his recording, performing and merchandising services for over five (5) years.


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10.

Chance the Rapper, LLC owns and controls the following United States Federal Registration (Number 4620748) for use of the

“CHANCE THE RAPPER” trademark in

connection with International Class 025 in association with the manufacture and sale of Beanies; Bottoms; Caps; Hats; Headwear; Pants; Shirts; Socks; T-shirts; Tops; Sweatshirts; Hooded Sweatshirts, and possesses the exclusive right to use, or authorize the use of, the Artist's name, logos, likenesses, trademarks and other indicia of the performer (collectively, the

“Artist Marks”

) in connection with the production, distribution and sale of various types of music-related merchandise. 11.

CTR Touring, Inc. is engaged in the business of manufacturing, distributing and selling authorized merchandise such as t-shirts, hats, sweatshirts and hoodies, and posters, among other merchandise bearing the Artist Marks

(collectively “Artist Merchandise”

). 12.

Pursuant to an agreement between Chance the Rapper, LLC and CTR Touring, Inc. (the "Agreement"), CTR Touring, Inc. is the exclusive licensee and holder of rights to sell the Artist Merchandise and possesses the exclusive right to utilize the Artist Marks on and in

connection with Artist Merchandise at all of Artist’s concerts in the United States.

13.

Artist and Plaintiffs have used the Artist Marks to identify officially authorized goods and services in interstate commerce and to distinguish Artist Marks from those of others by, among other things, prominently displaying the Artist Marks on recording covers and merchandise, including T-shirts, hats, sweatshirts and other apparel. 14.

Artist has a decidedly strong and loyal following among those who attend popular music concerts and record buyers. Artist has appeared in concerts at major arenas and stadiums in the United States, and throughout the world and has been seen and heard in concert by hundreds of thousands, if not millions, of popular music enthusiasts.
