AAA Complaint

Case 1:22-cv-00568-JPH-MJD Document 1 Filed 03/23/22 Page 1 of 18 PageID #: 1
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF INDIANA
THE AMERICAN AUTOMOBILE Case Number: 1:22-cv-00568

ASSOCIATION, INC.,
Plaintiff,
v.
ALL AMERICAN AUTO HAIL DENT

REPAIR LLC d/b/a AAA HAIL REPAIR
and LAVERNE PFLUGH
Defendants.
COMPLAINT
Plaintiff The American Automobile Association, Inc. (“AAA”) brings this Complaint for
injunctive relief, monetary damages, and all other appropriate remedies against Defendant All
American Auto Hail Dent Repair LLC d/b/a AAA Hail Repair (“AAA Hail Repair”), and
Defendant Laverne Pflugh (collectively, “Defendants”). AAA alleges as follows:
NATURE OF THE ACTION
1. This is an action for trademark infringement, false designation of origin, and unfair
competition, and cybersquatting in violation of Sections 32, 43 (a), and 43(d) of the Federal
Trademark Act (the “Lanham Act”), 15 U.S.C. §§ 1114, 1125(a), and 1125(d); for trademark
infringement in violation of Indiana state law, Ind. Code § 24-2-1-13, and common law; for
trademark dilution in violation of Section 43(c) of the Lanham Act, 15 U.S.C. § 1125(c) and
Indiana state law, Ind. Code § 24-2-1-13.5; and for unfair competition in violation of Indiana
common law. AAA seeks, among other relief, monetary damages and an order enjoining
Defendants from using AAA’s trademarks in Defendants’ business names, marks, websites, and
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social media platforms and requiring transfer of the domain names AAA-HAILDENT-
REPAIR.BUSINESS.SITE and AAAHAILDENTREPAIR.COM to AAA.
2. This action arises out of Defendants’ knowing and willful violation of AAA’s rights
in its famous and distinctive AAA trademarks (the “AAA Marks”). Specifically, Defendants have
used and continue to use the AAA Marks in connection with their operation of a business that
offers competing automobile-related repair services, AAA Hail Repair, without authorization and
with full knowledge that they are not authorized to use those marks.
3. Defendants’ unlawful use of the AAA marks is likely to cause consumers to
believe, erroneously, that AAA has endorsed Defendants’ products and services, jeopardizing the
goodwill and tarnishing the reputation associated with AAA’s Marks. It threatens to confuse
consumers who seek the reliable and dependable products and services of AAA to unjustly enrich
Defendants.
4. Defendants’ unlawful acts have lessened the capacity of AAA’s famous Marks to
identify and distinguish the products and services AAA providers under those Marks. Defendants
have diluted the AAA Marks’ distinctive quality.
5. In addition, after reasonable inquiry and on information and belief, Defendants have
unjustly profited from their unauthorized use of the AAA Marks and have made unauthorized
commercial use of the Marks in Indiana to their benefit, and to the detriment of AAA and of
consumers, in violation of laws set forth above.
THE PARTIES
6. Plaintiff AAA (commonly pronounced “Triple A”) is a not-for-profit, non-stock
corporation organized and existing under the laws of Connecticut, with its principal place of
business in Heathrow, Florida. AAA provides its approximately 60 million members with
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products and services throughout the United States and Canada, including Indiana. AAA’s
services include travel and automobile products and services, including automobile repair services
at its AAA Car Care Centers and through AAA Approved auto repair businesses, financial advice,
insurance and warranty coverage, and discounts. AAA provides its products and services through
local AAA member clubs, including AAA Hoosier Motor Club.
7. After reasonable inquiry and on information and belief, Defendant AAA Hail
Repair is an Indiana domestic limited liability company registered in and operating under the laws
of Indiana, with a principal place of business at 912 East 53rd Street, Suite B, Anderson, IN 46013.
8. After reasonable inquiry and on information and belief, Defendant Laverne Plfugh
is the governing person and registered agent of AAA Hail Repair.
9. After reasonable inquiry and on information and belief, Defendants are the
registrants of the AAA-HAILDENT-REPAIR.BUSINESS.SITE domain name and registered, or
caused to be registered, this domain name on behalf of AAA Hail Repair. Defendants have used
AAA-HAILDENT-REPAIR.BUSINESS.SITE to host websites promoting and directing traffic to
the AAA Hail Repair business.
10. After reasonable inquiry and on information and belief, Defendants are the
registrants of the AAAHAILDENTREPAIR.COM domain name and registered, or caused to be
registered, this domain name on behalf of AAA Hail Repair. Defendants have used
AAAHAILDENTREPAIR.COM to host websites promoting and directing traffic to the AAA Hail
Repair business.
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JURISDICTION AND VENUE
11. This Court has jurisdiction over the subject matter of this action under 15 U.S.C.
§§ 1116, 1121, and 1125(d) and under 28 U.S.C. §§ 1331, 1337, and 1338 because this case arises
under the trademark laws of the United States, 15 U.S.C. § 1051, et seq.
12. This Court has jurisdiction over Plaintiff’s state law claims under 28 U.S.C. §§
1338(b) and 1367(a) as well as under general principles of supplemental and pendent jurisdiction.
13. Defendants are subject to personal jurisdiction within the Southern District of
Indiana because, after reasonable inquiry and on information and belief, they conduct business in
this District.
14. Venue is proper under 28 U.S.C. § 1391(b) and (c) because, after reasonable inquiry
and on information and belief, Defendants conduct business in this judicial district and because a
substantial part of the events or omissions giving rise to the claims occurred in the Southern District
of Indiana.
FACTS ENTITLING AAA TO RELIEF
A. AAA’s Widespread and Substantial Use of Its Registered AAA Marks
15. Since its founding over a century ago, AAA has enjoyed a reputation as one of the
world’s premier client service organizations. That reputation is based largely on the consistent
high quality and long-standing reliability of the products and services it provides under its AAA
Marks through its AAA local clubs and member services offices.
16. Although its original focus was on combating unfair automobile laws and
campaigning for better roads and more reliable vehicles, AAA quickly expanded its charter. It
established itself as an advocate for travel safety and road improvement. It also became associated
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with providing reliable travel- and vehicle-related products and services—including automobile-
related retail and repair services.
17. AAA has invested significant resources—including for advertising campaigns and
promotional efforts—to develop and foster the reputation, recognition, and goodwill associated
with its products and services provided under the AAA Marks.
18. AAA has used and continues to use the AAA Marks in interstate commerce to
identify its products and services.
19. As a result, the AAA Marks have become famous in the United States, including in
Indiana, and throughout the world in connection with AAA’s products and services.
20. Because only those businesses that are part of AAA’s network of approved service
providers are authorized to use or display the AAA Marks, AAA members and the public know
that local businesses displaying AAA Marks maintain a reputation for quality, integrity, and
reliability.
21. As a result of AAA’s provision of quality products and the continuous advertising,
promotion, and sale of products and services in interstate commerce under the AAA Marks, those
trademarks have acquired value and fame in the United States and throughout the world.
Specifically, the AAA Marks are widely recognized by consumers in this country and abroad and
have acquired enormous goodwill as trademarks identifying high-quality and reliable products and
services. Indeed, the AAA Marks are distinctive such that consumers recognize that goods and
services marketed under the AAA Marks originate with, or are approved or endorsed by, AAA and
the AAA local clubs.
22. AAA and its local clubs have registered AAA-related domain names and maintain
internet websites through which AAA members and the general public may obtain information
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and, in some cases, purchase or use products and services (the “AAA Websites”). The AAA
Websites are created and operated to attract members and customers, encourage their interest in
AAA and its local clubs, and offer products and services to customers.
23. AAA has registered with the United States Patent and Trademark Office
(“USPTO”) more than 150 trademarks, including Marks that AAA has used since at least as early
as 1902, in connection with automobile-related products and services offered to its members. The
federal registrations Defendants are violating include:
(a) Reg. No. 829,265, for the AAA Mark, for use in connection with
automobile-related goods and services, including association services rendered to motor
vehicle owners;
(b) Reg. No. 1,168,790, for the TRIPLE A Mark, for use in connection with
automobile association services, including promoting the interests of motor vehicle
owners, motorists, and travelers, and sponsoring programs for the promotion of pedestrian
safety;
(c) Reg. No. 2,158,654, for the AAA & Design Mark, for use in connection
with automobile-related goods and services, including arranging for discount purchases
and vehicle information and repair;
(d) Reg. No. 2,900,596, for the AAA PREMIER Mark, for use in connection
with automobile-related services, including providing information about vehicles for sale,
vehicle brokerage services, and providing information on vehicle pricing;
(e) Reg. No, 2,935,481, for the AAA PREMIER & Design Mark, for use in
connection with automobile-related services, including providing information about
22056980.v1
vehicles for sale, vehicle brokerage services, vehicle return insurance, and providing
information on vehicle pricing;
(f) Reg. No. 3,426,468, for the AAA APPROVED AUTO REPAIR & Design
Mark, used in connection with automobile repair services; and
(g) Reg. No. 5,036,379, for the AAA & Design Mark, for use in connection
with automobile- and travel-related products and services, including emergency road side
repair services.
24. Pursuant to 15 U.S.C. § 1057(b), the registration certificates for the AAA Marks,
including those marks identified above, constitute prima facie evidence of the validity of the
registered mark and of the registration of the mark, and of AAA’s ownership of the trademarks set
forth therein, and of AAA’s exclusive right to use those trademarks in commerce on or in
connection with the products and services specified in the registration certificates.
25. Pursuant to 15 U.S.C. § 1065, Reg. Nos. 829,265; 1,168,790; 2,158,654; 2,900,596;
2,935,481; 3,426,468; and 5,036,069 are incontestable.
B. Defendants’ Unlawful Use of Plaintiff’s AAA Marks
26. AAA has never authorized Defendants to use its AAA Marks.
27. Nevertheless, after reasonable inquiry and on information and belief, Defendants
knowingly and willfully violated AAA’s rights in its famous and distinctive AAA Marks by using
in commerce the business name AAA Hail Repair after Plaintiff’s AAA Marks became famous in
Indiana, the United States, and abroad.
28. In or around November 2021, AAA learned that Defendants were advertising goods
and services, including automobile-related repair services that compete directly with those offered
by AAA, under the AAA Hail Repair name.
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29. Defendants have been offering and continue to offer their products and services
using the AAA Hail Repair name and mark.
30. Defendants promote the AAA Hail Repair business on websites located at AAA-
HAILDENT-REPAIR.BUSINESS.SITE and AAAHAILDENTREPAIR.COM.
31. On December 2, 2021, AAA sent a letter by e-mail to the address listed on
Defendants’ business Facebook page and by certified mail to the Defendants’ registered business
address, requesting that Defendants discontinue use of the AAA Marks.
32. Defendants did not respond.
33. On December 17, 2021, AAA sent a second letter by e-mail to the address listed on
Defendants’ business Facebook page and by certified mail to the Defendants’ registered business
address, against requesting that Defendants discontinue used of the AAA Marks.
34. Defendants again did not respond.
35. On January 6, 2022, AAA called the phone number listed on Defendants’ business
website. Defendants did not answer. AAA left a voicemail explaining the nature of the call and
requesting a return phone call.
36. Defendants did not respond.
37. On January 18, 2022, AAA made an additional attempt to reach Defendants, calling
the phone number listed on Defendants’ business website.
38. Defendants answered, but refused to comply with AAA’s request to cease use of
the AAA Marks.
39. Defendants still have not complied with any of AAA’s requests to cease use of the
AAA Marks.
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40. To the contrary, Defendants continue to use the AAA Hail Repair business name
and the AAA-HAILDENT-REPAIR.BUSINESS.SITE and AAAHAILDENTREPAIR.COM
domain names, including in connection with internet advertising for their business.
41. After reasonable inquiry and on information and belief, at the time Defendants’
infringing use of the AAA Marks began and at all times thereafter, Defendants have known, or
had reason to know, of AAA’s rights in the AAA Marks and have at all times known, or had reason
to know, that those marks are famous and valuable.
42. After reasonable inquiry and on information and belief, Defendants knowingly and
for profit engaged in the infringing use of the AAA Marks to attract consumers. Defendants know
and have known that their use of the AAA Marks erroneously conveys that Defendants’ business
is sponsored or endorsed by, or otherwise associated or affiliated with, AAA.
43. Defendants’ infringing use has damaged, and will continue to damage, the
reputation, recognition, and goodwill associated with the famous and distinctive AAA Marks.
44. Defendants’ infringing use has lessened, and will continue to lessen, the capacity
of Plaintiff’s AAA Marks to identify and distinguish the products and services provided or
endorsed by, or affiliated with, AAA and thus has diluted the distinctive quality of Plaintiff’s AAA
Marks.
45. Further, after reasonable inquiry and on information and belief, Defendants’
infringing use has been and continues to be of commercial value to Defendants.
46. For the foregoing reasons, Defendants’ infringing use has caused, and will likely
continue to cause, injury to AAA and to the goodwill and value of its AAA Marks.
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COUNT I
Federal Trademark Infringement
(Lanham Act § 32, 15 U.S.C. § 1114)
47. AAA repeats and realleges the allegations set forth in paragraphs 1–46 of this
Complaint.
48. Defendants’ adoption and infringing use of AAA Marks in commerce, in
connection with automobile-related goods and services, is likely to cause confusion, mistake, and
deception as to the affiliation, connection, or association of those goods and services with AAA,
in violation of 15 U.S.C. § 1114.
49. After reasonable inquiry and on information and belief, Defendants’ unlawful
conduct as set forth herein has been and continues to be willful, deliberate, and in bad faith.
50. As a result of Defendants’ infringement, AAA has suffered damages as well as the
continuing loss of goodwill and reputation established by AAA. This continuing loss of goodwill
cannot be properly calculated and thus constitutes irreparable harm and an injury for which AAA
has no adequate remedy at law. Unless enjoined, Defendants will continue the infringing use,
further injuring AAA and confusing the public.
51. After reasonable inquiry and on information and belief, Defendants have received
revenues and profits as a result of their infringing use, to which Defendants are not entitled, and
AAA has also suffered damages as a result of the infringing use, for which Defendants are
responsible.
COUNT II
Federal False Designation of Origin and Unfair Competition
(Lanham Act § 43(a), 15 U.S.C. § 1125 (a))
Complaint.
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53. Defendants have willfully and deliberately attempted to trade on the goodwill and
reputation of the AAA Marks and Plaintiff in connection with their products and services, as well
as to confuse consumers as to the origin and sponsorship of Defendants’ goods and services,
making them seem as those of AAA.
54. Defendants’ acts deprive AAA of the ability to control consumer perception of its
goods and services offered under its AAA Marks, placing the valuable goodwill and reputation of
AAA into the hands of Defendants.
55. Defendants’ conduct is likely to cause confusion, mistake, or deception as to the
affiliation, connection, or association of Defendants with AAA, and as to the origin, sponsorship,
or approval of Defendants’ infringing use, in violation of 15 U.S.C. § 1125(a).
56. Defendants’ violation of this statute has caused and will continue to cause
irreparable harm to AAA, for which AAA has no adequate remedy at law. Unless enjoined,
Defendants will continue the infringing uses, further injuring AAA and confusing the public.
responsible.
COUNT III
Cybersquatting
(Lanham Act § 43(d), 15 U.S.C. § 1125(d))
Complaint.
59. Defendants’ infringing use violates Section 43(d) of the Lanham Act, 15 U.S.C. §
1125(d), because (i) Plaintiff is the owner of the AAA Marks, which are registered in the United
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22056980.v1
States Patent and Trademark Office and protected under Section 43(a), (c), and (d) of the Lanham
Act, 15 U.S.C. § 1125(a), (c), and (d); (ii) Defendants have registered, trafficked in, and/or used
AAA-HAILDENT-REPAIR.BUSINESS.SITE and AAAHAILDENTREPAIR.COM with a bad
faith intent to profit from AAA’s famous and distinctive marks; (iii) AAA-HAILDENT-
REPAIR.BUSINESS.SITE and AAAHAILDENTREPAIR.COM are confusingly similar to
Plaintiff’s AAA Marks and are dilutive of Plaintiff’s AAA Marks; and (iv) Plaintiff’s AAA Marks
were distinctive and famous at the time of registration of the AAA-HAILDENT-
REPAIR.BUSINESS.SITE and AAAHAILDENTREPAIR.COM domain names.
60. Defendants’ unlawful conduct as set forth herein has been willful, deliberate, and
in bad faith.
irreparable damage to AAA, for which AAA has no adequate remedy at law. Unless enjoined,
Defendants will continue to use AAA-HAILDENT-REPAIR.BUSINESS.SITE and
AAAHAILDENTREPAIR.COM, further injuring AAA and confusing the public.
responsible.
COUNT IV
Federal Trademark Dilution
(Lanham Act § 43(c), 15 U.S.C. § 1125 (c))
63. AAA repeats and realleges the allegations set forth in paragraphs in 1–46 of this
Complaint.
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22056980.v1
64. The AAA name and mark—both in word and logo form—are famous and
distinctive and are entitled to protection against dilution.
65. Defendants’ infringing use violates Section 43(c) of the Lanham Act, 15 U.S.C. §
1125(c), because such use, which commenced after Plaintiff’s AAA Marks became famous, has
diluted and continues to dilute the AAA Marks by impairing the ability of the AAA Marks to serve
as unique identifiers and by tarnishing the goodwill and reputation associated with the AAA
Marks.
Defendants will continue the infringing use, further injuring AAA and confusing the public.
COUNT V
Indiana Trademark Infringement
(Ind. Code § 24-2-1-13)
Complaint.
69. Defendants’ acts violate Section 24-2-1-13 of the Indiana Code. AAA is the prior
user of the AAA Marks, and the infringing use constitutes unconsented reproductions, copies,
and/or colorable imitations of the AAA Marks in connection with the sale, offering for sale, or
advertising of services in a manner likely to cause confusion or mistake or result in deception as
to the source or origin, sponsorship, or approval by AAA of the products and services provided by
Defendants.
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22056980.v1
70. Defendants’ unlawful conduct as set forth herein has been and continues to be
willful, deliberate, and in bad faith.
71. Defendants’ unlawful conduct has caused and will continue to cause irreparable
damage to AAA, for which AAA has no adequate remedy at law. Unless enjoined, Defendants
will continue the unlawful conduct, further injuring AAA and confusing the public.
72. Defendants have received revenues and profits as a result of their infringing use, to
which Defendants are not entitled, and AAA has also suffered damages as a result of the infringing
use, for which Defendants are responsible.
COUNT VI
Indiana Trademark Dilution
(Ind. Code § 24-2-1-13.5)
Complaint.
74. AAA’s Marks are both famous and distinctive in Indiana, the United States, and
abroad. AAA has been using its Marks since as early as 1902 and continues to use these Marks in
interstate commerce in connection with its goods and services, including automobile-related
repairs and services. The AAA Marks are distinctive such that consumers recognize that goods
and services marketed under the AAA Marks originate with, or are approved or endorsed by, AAA
and the AAA local clubs. Defendants knowingly and willfully began using in commerce the
business name AAA Collision Center after Plaintiff’s AAA Marks became famous in Indiana.
75. Defendants’ unlawful acts have lessened the capacity of AAA’s famous Marks to
identify and distinguish the products and services AAA provides under those Marks. Defendants
have diluted the AAA Marks’ distinctive quality in violation of Ind. Code § 24-2-1-13.5.
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77. Defendants’ violation of Indiana law has caused and will continue to cause
Defendants will continue the violation, further injuring AAA and confusing the public.
COUNT VII
Indiana Unfair Competition
(Indiana Common Law)
Complaint.
79. Defendants’ unlawful conduct constitutes use of a similar trade name in violation
of Indiana common law. AAA’s trade name and marks have acquired a secondary meaning. The
name and mark “AAA” identifies a particular producer in the mind of the public, AAA, and with
that, the reputation, recognition, and goodwill associated with its products and services provided
under the AAA Marks.
80. Defendants’ continued attempt to trade on the goodwill and reputation of the AAA
Marks and Plaintiff in connection with their products and services is likely to confuse the public
as to the affiliation, connection, or association of Defendants with AAA, and as to the origin,
sponsorship, or approval of Defendants’ infringing use, in violation of Indiana common law.
Deception of the public is the natural and probable consequence of Defendants’ conduct.
81. Defendants’ violation of Indiana common law has caused and will continue to cause
Defendants will continue the violation, further injuring AAA and confusing the public.
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PRAYER FOR RELIEF
Wherefore, Plaintiff AAA requests that this Court enter judgment in its favor on all
counts of this Complaint and grant AAA the following relief:
1. Enjoin and restrain Defendants, their agents, servants, employees, attorneys, and
all persons in active concert or participation with any of them, from engaging in any of the
following acts:
(a) Using without the authorization of AAA any of AAA’s Marks, logos, and
trade names, including the designation “AAA” or any other name, logo, or Mark that
includes the designations “AAA” or that is confusingly or deceptively similar to any of
AAA’s Marks, logos, and trade names, either alone or in conjunction with other words or
symbols, as part of any trademark, service mark, logo, trade name, corporate name,
assumed name, domain name, on or in relation to any goods sold or distributed by the
Defendants, or in any other manner; and
(b) Using combination letter “A’s” in any form or manner that would tend to
identify or associate Defendants or their business or services with AAA, including, without
limitation, in the marketing, promotion, advertising, identification, sale or distribution of
goods or services, or in any other manner;
2. Require Defendants, pursuant to 15 U.S.C. § 1118 and Indiana law, to destroy all
literature, signs, labels, prints, packages, wrappers, containers, advertising materials, internet
content, stationery, software, and other items in their possession or control which contain the
infringing designations “AAA” or any other term confusingly similar to “AAA,” either alone or in
combination with other words or symbols and to destroy all plates, molds, matrices, masters, and
other means of making any of those infringing items;
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22056980.v1
3. Require Defendants to abandon, cancel, delete, and/or withdraw, with prejudice,
any U.S. or state trademark applications or registrations that contain the AAA Marks, or any other
state trademark applications or registrations that contain the AAA Marks, or any other confusingly
similar name, logo, or mark;
4. Require Defendants to cancel or amend any business name, trade name, license, or
corporate registration or application that contains the AAA Marks, or any other confusingly similar
name, logo, or mark, including registrations for AAA Hail Repair;
5. Require Defendants to transfer to AAA any and all domain names in their or their
agents’ possession, custody, or control that include the AAA Marks, including AAA-HAILDENT-
REPAIR.BUSINESS.SITE and AAAHAILDENTREPAIR.COM;
6. Require Defendants to file with the Court and to serve on AAA, within thirty (30)
days after entry of an injunction, a report in writing, under oath, setting forth in detail the manner
and form in which Defendants have complied with the injunction’
7. Require Defendants to pay AAA for all damages sustained as a result of
Defendants’ unlawful conduct described above, plus interest thereon, and require, with respect to
damages resulting from infringement or dilution of the AAA Marks or from unfair competition
under the Lanham Act, that such damages be trebled pursuant to 15 U.S.C. § 1117;
8. Require Defendants to account for and pay to AAA all profits derived by
Defendants resulting from their use of the AAA Marks pursuant to 15 U.S.C. § 1117 and Indiana
law;
9. Award AAA statutory damages in the amount of $100,000 per infringing domain
name pursuant to 15 U.S.C. § 1117(d), or some other amount as the Court considers just;
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10. Award AAA the costs of this suit and its reasonable attorneys’ fees in accordance
with 15 U.S.C. § 1117 and Indiana law;
11. Award prejudgment interest on all liquidated sums; and
12. Award such other and further relief as the Court deems just and proper.
March 23, 2022 Respectfully submitted,
/s/ David O. Tittle

David O. Tittle
Elizabeth S. Traylor
DENTONS BINGHAM GREENEBAUM LLP
2700 Market Tower
10 West Market Street
Indianapolis, IN 46204
Telephone: (317) 968-5418
[email protected]
[email protected]
Counsel for Plaintiff The American Automobile

Association, Inc.
OF COUNSEL:
Neil K. Roman
Ayana Lindsey
Pro hac vice forthcoming
COVINGTON & BURLING LLP
One CityCenter
850 10th St NW
Washington, DC 20001
Telephone: (202) 662-5135
[email protected]
[email protected]
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Case 1:22-cv-00568-JPH-MJD Document 1 Filed 03/23/22 Page 1 of 18 PageID #: 1

IN THE UNITED STATES DISTRICT COURT

THE AMERICAN AUTOMOBILE Case Number: 1:22-cv-00568

ALL AMERICAN AUTO HAIL DENT

Defendant Laverne Pflugh (collectively, “Defendants”). AAA alleges as follows:

NATURE OF THE ACTION

REPAIR.BUSINESS.SITE and AAAHAILDENTREPAIR.COM to AAA.

3. Defendants’ unlawful use of the AAA marks is likely to cause consumers to

have diluted the AAA Marks’ distinctive quality.

consumers, in violation of laws set forth above.

6. Plaintiff AAA (commonly pronounced “Triple A”) is a not-for-profit, non-stock

local AAA member clubs, including AAA Hoosier Motor Club.

is the governing person and registered agent of AAA Hail Repair.

registrants of the AAA-HAILDENT-REPAIR.BUSINESS.SITE domain name and registered, or

AAA-HAILDENT-REPAIR.BUSINESS.SITE to host websites promoting and directing traffic to

the AAA Hail Repair business.

registrants of the AAAHAILDENTREPAIR.COM domain name and registered, or caused to be

JURISDICTION AND VENUE

FACTS ENTITLING AAA TO RELIEF

A. AAA’s Widespread and Substantial Use of Its Registered AAA Marks

related retail and repair services.

identify its products and services.

the AAA local clubs.

federal registrations Defendants are violating include:

automobile-related goods and services, including association services rendered to motor

automobile association services, including promoting the interests of motor vehicle

and vehicle information and repair;

vehicle brokerage services, and providing information on vehicle pricing;

connection with automobile-related services, including providing information about

information on vehicle pricing;

Mark, used in connection with automobile repair services; and

2,935,481; 3,426,468; and 5,036,069 are incontestable.

B. Defendants’ Unlawful Use of Plaintiff’s AAA Marks

Indiana, the United States, and abroad.

by AAA, under the AAA Hail Repair name.

using the AAA Hail Repair name and mark.

HAILDENT-REPAIR.BUSINESS.SITE and AAAHAILDENTREPAIR.COM.

address, requesting that Defendants discontinue use of the AAA Marks.

32. Defendants did not respond.

34. Defendants again did not respond.

requesting a return phone call.

36. Defendants did not respond.

the phone number listed on Defendants’ business website.

the AAA Marks.

and the AAA-HAILDENT-REPAIR.BUSINESS.SITE and AAAHAILDENTREPAIR.COM

to know, that those marks are famous and valuable.

is sponsored or endorsed by, or otherwise associated or affiliated with, AAA.

infringing use has been and continues to be of commercial value to Defendants.

48. Defendants’ adoption and infringing use of AAA Marks in commerce, in

in violation of 15 U.S.C. § 1114.

further injuring AAA and confusing the public.

making them seem as those of AAA.

AAA into the hands of Defendants.

55. Defendants’ conduct is likely to cause confusion, mistake, or deception as to the

or approval of Defendants’ infringing use, in violation of 15 U.S.C. § 1125(a).

AAA-HAILDENT-REPAIR.BUSINESS.SITE and AAAHAILDENTREPAIR.COM with a bad

REPAIR.BUSINESS.SITE and AAAHAILDENTREPAIR.COM are confusingly similar to

were distinctive and famous at the time of registration of the AAA-HAILDENT-

REPAIR.BUSINESS.SITE and AAAHAILDENTREPAIR.COM domain names.

Defendants will continue to use AAA-HAILDENT-REPAIR.BUSINESS.SITE and

AAAHAILDENTREPAIR.COM, further injuring AAA and confusing the public.

distinctive and are entitled to protection against dilution.

advertising of services in a manner likely to cause confusion or mistake or result in deception as

willful, deliberate, and in bad faith.