Professional Documents
Culture Documents
American Soccer Company v. Squor - Score v. Score Trademark Complaint PDF
American Soccer Company v. Squor - Score v. Score Trademark Complaint PDF
1
2
3
4
5
6
7
8
10
11
12
13
14
15
18
19
COMPLAINT FOR:
(1)TRADEMARK INFRINGEMENT,
15 U.S.C. 1114(1);
v.
16
17
20
21
22
23
24
25
26
27
28
COMPLAINT
1
2
3
4
1.
California corporation and has a principal place of business at 726 E. Anaheim Street,
2.
Delaware corporation, with a principal place of business at 475 Sansome Street, San
10
11
3.
12
13
4.
14
cybersquatting, and unfair competition under the Trademark Act of 1946, as amended, 15
15
U.S.C. 1051 et seq. (Lanham Act), and for related claims under the statutory and
16
17
5.
This Court has jurisdiction over the subject matter of this action under 15
18
U.S.C. 1121, 28 U.S.C. 1331 and 1338 (a) and (b), and has supplemental jurisdiction
19
over Plaintiffs state law claims pursuant to 28 U.S.C. 1367(a) because those claims are
20
so related to its federal claims that they form part of the same case or controversy.
21
6. This Court has personal jurisdiction over Defendant because it has established
22
minimum contacts with the forum and the exercise of jurisdiction over the Defendant will
23
not offend traditional notions of fair play and substantial justice. On information and
24
belief, Defendant has voluntarily conducted business in, conducted advertising in, and
25
26
7.
27
28
1
COMPLAINT
1
2
8.
ASC has been involved in the sports industry for over 35 years.
ASC
manufactures and sells a wide range of sporting goods for team sports, including balls,
uniforms, apparel, and other accessories and equipment under the SCORE brand.
9.
ASC commenced use of the SCORE trademark in connection with its products
and services at least as early as 1986. Since that time, the SCORE trademark has been
8
9
10
11
10.
ASC uses its SCORE trademark in standard character and stylized forms, with
and without a distinctive design element. ASCs marks and logos using SCORE are
collectively referred to herein as the SCORE Marks (or the Marks).
11.
ASC has used the SCORE Marks in interstate commerce in connection with,
12
at least, uniforms, shorts, socks, warm-ups, coaches gear, balls, bags, clipboards, buckets
13
14
12.
The SCORE Marks are inherently distinctive. Each of the Marks serves to
15
identify and indicate the source of ASCs goods and services to the consuming public, and
16
to distinguish its goods and services from those of others. Over the years, ASC has
17
prominently used and promoted the SCORE Marks in advertising, promotion, and various
18
other ways.
19
promoting its SCORE products and services, and it distributes its SCORE products across
20
the United States of America. ASC advertises through its catalogs, website, trade shows,
21
22
13.
23
SCORE Marks, the Marks are distinctive to designate ASC, and they distinguish ASC and
24
25
recognized to consumers. ASC has developed exclusive and valuable goodwill and strong
26
federal and common-law rights in the Marks as a result of the usage and promotion of the
27
SCORE Marks.
28
2
COMPLAINT
14.
around March 1997, and which has been used to identify ASCs website since on or about
that date.
15.
In accordance with the provisions of the Lanham Act, ASC has registered the
SCORE Marks on the Principal Register of the United States Patent and Trademark Office,
7
8
MARK
REG. NO.
ISSUE DATE
1,422,027
1,916,007
Sep. 5, 1995
3,618,127
SCORE SPORTS
3,930,807
SCORE
4,253,691
Dec. 4, 2012
4,312,024
Apr. 2, 2013
9
10
11
SCORE
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
16.
D, E, and F are incorporated herein by reference. The registrations identified above are
valid and subsisting.
28
3
COMPLAINT
17.
prima facie evidence of: (a) the validity of the SCORE Marks and of the registration of
those marks; (b) ASCs ownership of the Marks; and (c) ASCs exclusive right to use the
Marks on or in connection with the goods and services stated in the registration. 15 U.S.C.
ASCs claim of ownership of the SCORE Marks. See 15 U.S.C. 1072. Indeed, the
U.S.C. 1065. That these Marks have become incontestable is conclusive evidence of
their validity and their respective registrations, and of ASCs exclusive right to use them in
10
11
12
18.
On information and belief, long after ASC began using its SCORE Marks and
13
after ASC had registered the Marks, Defendant began using the marks SQOR and
14
SQOR Sports in connection with its sports-related app and website at www.sqor.com, as
15
well as on apparel products sold through this website. Copies of screenshots are attached to
16
the Complaint as Exhibit G. The SQOR and SQOR Sports marks are hereafter referred
17
to as the Infringing Marks. On information and belief, these activities have occurred in
18
19
19.
20
sports, creating economic opportunities for athletes by connecting them with fans and
21
22
23
20.
24
21.
Defendant has marketed, promoted, and advertised its Infringing Marks on its
25
website at sqor.com, through social media, and on various mobile applications distribution
26
platforms including Google Play and iTunes, and on various merchandising to the
27
public.
28
4
COMPLAINT
22.
public in a stylized font and color which is substantially similar to ASCs own presentation
23.
athletic wearing apparel, are directly competitive, and/or closely related to the products
7
8
9
10
11
24.
ASC has objected to Defendants use of the Infringing Marks, but Defendant
12
13
14
15
16
17
18
27.
knowledge, and in blatant disregard of ASCs prior registration and use of the Marks.
28.
Defendant is using the Infringing Marks in commerce in the United States, and
After ASC registered its distractive SCORE Marks, Defendant registered the
19
domain name sqor.com (the Sqor domain name). Defendant has used, and currently
20
uses the Sqor domain name for its website. ASC has not authorized nor consented to
21
22
23
24
30.
25
likely to cause confusion, to cause mistake, and/or to deceive customers and potential
26
27
Defendant with ASC, or as to the origin, sponsorship, or approval of the goods and/or
28
31.
falsely indicates to the purchasing public that the goods and/or services of Defendant
originate with ASC, or are affiliated, connected or associated with ASC, or are sponsored,
32.
falsely designates the origin of the goods and/or services of Defendant, and falsely and
misleadingly describes and represents material facts with respect to the goods, websites
33.
10
enables Defendant to trade on and receive the benefit of goodwill in those marks, which
11
ASC has built up at great labor and expense over many years. Use of the Infringing Marks
12
by Defendant in the manner described above also enables Defendant to gain acceptance for
13
its goods and/or services, not solely on its own merits, but on the reputation and goodwill
14
15
34.
16
prevents ASC from controlling the nature and quality of goods and services provided under
17
those marks and places the valuable reputation and goodwill of ASC in the hands of
18
19
35.
The activities of Defendant has caused irreparable injury to ASC and to the
20
public and, unless restrained by this Court, will continue to cause irreparable injury to ASC
21
and to the public. There is no adequate remedy at law for this injury.
COUNT I: FEDERAL TRADEMARK INFRINGEMENT
22
23
36.
24
37.
25
26
27
The acts of Defendant described herein have been willful and in bad faith,
28
6
COMPLAINT
39.
from Defendant all damages, including attorneys fees, that Plaintiff has sustained and will
sustain as a result of such infringing acts, and all gains and profits obtained by Defendant
40.
41.
9
10
11
12
13
origin, unfair competition, and trademark infringement of the SCORE Marks in violation of
Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a).
42.
The acts of Defendant described herein have been willful and in bad faith,
14
from Defendant all damages, including attorneys fees, that Plaintiff has sustained and will
15
sustain as a result of such infringing acts, and all gains and profits obtained by Defendant
16
17
18
44.
19
45.
Defendant had and has a bad faith intent to profit from Plaintiffs ASC Score
20
Marks, based upon, among other things, Defendant registering the Sqor domain name well
21
after the registering and use of ASCs Marks, the Sqor domain name containing a name
22
confusingly similar to ASCs legal or common name, and Defendants use of the Sqor
23
domain name not in connection with a bona fide noncommercial or fair use purpose,
24
46.
Defendant registered, used, and uses the Sqor domain name, which at the time
25
of registration was, and still is, confusingly similar to ASCs Marks, in violation of 15
26
U.S.C. 1125(d).
27
28
47.
The acts of Defendant described herein have been willful and in bad faith,
48.
from Defendant all damages, including attorneys fees, that Plaintiff has sustained and will
sustain as a result of such infringing acts, and all gains and profits obtained by Defendant
5
6
49.
50.
9
10
The acts of Defendant have been conducted willfully to divert sales from
11
12
from Defendant all damages, including attorneys fees, that Plaintiff has sustained and will
13
sustain as a result of such infringing acts, and all gains and profits obtained by Defendant
14
15
16
53.
17
54.
18
55.
The acts of Defendant complained of herein have at all times been willful, and
19
20
21
56.
As a result of this unfair competition, Plaintiff has suffered, and will in the
22
future suffer, irreparable injury to its business, reputation, and goodwill. Plaintiff will
23
suffer such irreparable injury unless and until Defendants misconduct is enjoined by the
24
Court.
25
57.
26
unknown.
27
28
8
COMPLAINT
1
2
3
4
WHEREFORE, American Soccer Company, Inc. prays for entry of judgment against
Defendant as follows:
1.
Defendant, its officers, agents, servants, employees, attorneys, and all those
(a)
From using SQOR, the Infringing Marks, or the SCORE Marks or any
variation thereof, whether alone or in combination with any other word(s) or element(s), or
any mark, name, domain name, or other designation which depicts, contains, or consists of
10
11
12
registration, trademark, trade name, domain name, trade designation, or other indicia of
13
origin or source containing SQOR, the Infringing Marks, or the SCORE Marks or any
14
variation thereof, whether alone or in combination with any other word(s) or element(s), or
15
any mark, name, domain name, or other designation which depicts, contains, or consists of
16
17
(c)
18
19
20
21
2.
22
sale or display, and recall, any and all products, catalogs, advertisements, and any other
23
items or goods bearing SQOR, the Infringing Marks, or the SCORE Marks, or any word
24
25
3.
26
destruction of, any and all products, labels, signs, prints, advertisements, signage, building
27
design(s), packages, wrappers, catalogs, internet web pages, and any other materials in its
28
possession or control bearing or depicting SQOR the Infringing Marks, or the SCORE
9
COMPLAINT
Marks, or any other mark, name, or designation that includes SCORE (or any variation
4.
Defendant be ordered to file with this Court and to serve upon Plaintiff within
thirty (30) days after the entry and service on Defendant of an injunction, a report in
writing and under oath setting forth in detail the manner and form in which Defendant has
7
8
9
5.
10
the activities complained of herein, and that such profits be paid over to Plaintiff, increased
11
12
7.
For an award of profits, damages, and fees to the full extent available,
13
including statutory damages, and punitive damages to the full extent available in
14
15
8.
16
9.
Plaintiff be granted such other and further relief, at law or in equity, as the
17
18
ONE LLP
19
20
21
22
By:/s/John E. Lord
John E. Lord
Attorneys for Plaintiff,
AMERICAN SOCCER COMPANY, INC.
23
24
25
26
27
28
10
COMPLAINT
1
2
3
Plaintiff hereby demands a trial by jury as to all claims and all issues properly triable
thereby.
4
5
ONE LLP
6
7
8
9
By:/s/John E. Lord
John E. Lord
Attorneys for Plaintiff,
AMERICAN SOCCER COMPANY, INC.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
11
COMPLAINT
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
Searchstore...
(/cart)
(/)
Sqor Sports
Sortby
Date,newtoold
SqorSportsmerch.
(/collections/sqorsports/products/sqorladiespremiumtank)
Buy(/collections/sqorsports/products/sqorladiespremiumtank)
$21.95
(/collections/sqorsports/products/sqorladiesracerbacktank)
Buy(/collections/sqorsports/products/sqorladiesracerbacktank)
$24.95
(/collections/sqorsports/products/sqorladiesboatneckt)
Buy(/collections/sqorsports/products/sqorladiesboatneckt)
More a
Buy(/collections/sqorsports/products/sqorladiesboatneckt)
sports/products/sqor-ladies-boatneck-t)
(/collections/sqorsports/products/sqorladiesscoopt)
Buy(/collections/sqorsports/products/sqorladiesscoopt)
$21.95
(/collections/sqorsports/products/sqorkidspremiumtshirts)
Buy(/collections/sqorsports/products/sqorkidspremiumtshirts)
$18.00
(/collections/sqorsports/products/sqorbabyshortsleeveonepiece)
Buy(/collections/sqorsports/products/sqorbabyshortsleeveonepiece)
Buy(/collections/sqorsports/products/sqortoddlerpremiumtshirt)
$18.00
(/collections/sqorsports/products/sqortoddlerhoodie)
Buy(/collections/sqorsports/products/sqortoddlerhoodie)
$20.00
(/collections/sqorsports/products/sqorpintglass)
Buy(/collections/sqorsports/products/sqorpintglass)
$17.00
(/collections/sqorsports/products/sqorladiestriblendperformancehoodedtshirt)
Buy(/collections/sqorsports/products/sqorladiesheathertshirt)
$20.00
(/collections/sqorsports/products/sqorunisextriblendtshirt)
Buy(/collections/sqorsports/products/sqorunisextriblendtshirt)
$22.00
(/collections/sqorsports/products/sqormenscrewnecksweatshirt1)
Buy(/collections/sqorsports/products/sqormenscrewnecksweatshirt1)
$24.00
(/collections/sqorsports/products/sqormenscrewnecksweatshirt)
Buy(/collections/sqorsports/products/sqormenscrewnecksweatshirt)
(/collections/sqorsports/products/sqormenspulloverhoodie)
Buy(/collections/sqorsports/products/sqormenspulloverhoodie)
$38.00
(/collections/sqorsports/products/sqormensbaseballtshirt)
Buy(/collections/sqorsports/products/sqormensbaseballtshirt)
$25.00
(/collections/sqorsports/products/menspremiumtshirt)
Buy(/collections/sqorsports/products/menspremiumtshirt)
Buy(/collections/sqorsports/products/sqorsportsladiestank)
$24.95
(/collections/sqorsports/products/sqorsportscamouflagehat)
Buy(/collections/sqorsports/products/sqorsportscamouflagehat)
$24.95
(/collections/sqorsports/products/blackperformancehat)
Buy(/collections/sqorsports/products/blackperformancehat)
$24.95
Previous
2(/collections/sqorsports?page=2)
Next(/collections/sqorsports?page=2)
Home(/)/Collections(/collections)/SqorSports