Professional Documents
Culture Documents
AaLand Answer
AaLand Answer
ANSWER TO COMPLAINT
Comes now Defendant, AaLand Diamond Jewelers, LLC, by counsel, David E. Woodward of
Woodward Law Offices, LLP and Mark A. Thiros of Thiros and Thiros, P.C., for its Answer to
1. This action arises from Defendant's willful infringement of Albert's' trademark rights,
to wrongfully profit from the substantial goodwill and widespread positive reputation that Albert's has
2. In 1905, Albert's opened its first diamond jewelry store. Starting in a tiny storefront in
East Chicago, over the last century it has grown into one of the largest and most successful family-
owned jewelers in the entire country. Albert's operates now in one location, in Schererville, Indiana.
3. Over its many years of operating in Northwest Indiana, Albert's has generated
substantial goodwill throughout Northwest Indiana and the greater Chicagoland community. It's
4. Since at least 2002, Albert's has employed in connection with its sale of diamond and
other jewelry, what is now a widely recognized logo trademark. It uses this mark broadly, and displays
it proudly on print, television and other media advertising, marketing and advertising materials more
to form a belief as to the truth or accuracy of the allegations, including the undefined
ide ec g i ed g ade a a d e hi a f b ad ,c ai ed i
5. Fully aware of the fame and reputation of the Albert's logo trademark, Defendant
recently opened a new store, in a location within the region that Albert's has operated in for over a
century, but in a city in which Albert's has not previously maintained a storefront. Defendant did so,
moreover, all while prominently displaying on its new storefront a large sign consisting of a logo that,
with the exception of the business name "AaLand," appears substantially and confusingly similar to the
Indiana, but denies any and all remaining allegations contained in rhetorical
6. Defendant's intentional actions have led to actual consumer confusion. Upon learning
of this confusion, Albert's attempted, numerous times, to amicably resolve the situation and remedy the
2
N:\Personal Files\dkozlowski\Word\DEW\aaland\answer.complaint.docx
USDC IN/ND case 2:23-cv-00039-JD-JPK document 16 filed 03/15/23 page 3 of 18
consumer confusion. Defendant has failed and refused, however, to cooperate or meaningfully engage
7. As a result, Albert's brings this action for trademark infringement and unfair
competition under Federal and Indiana statutory and common law, to ensure that the consuming public
is not further confused, deceived or misled into purchasing Defendant's products thinking that they
originate from or are in some way sponsored by or affiliated with Albert's, and to enjoin Defendant from
8. This Court has subject matter jurisdiction over this action pursuant to Section 39 of the
Lanham Act (15 U.S.C. § 1121), and 28 U.S.C. §§ 1331 and 1338, and has supplemental jurisdiction
over state law claims pursuant to 28 U.S.C. § 1367. Albert's claims are predicated upon the Trademark
Act of 1946, as amended, 15 U.S.C. §§ 1051 et seq., and substantial and related claims under the
9. Venue is properly founded in this judicial district and division pursuant to 28 U.S.C. §
1391(b) and L.R. 3-1, because Defendant resides in this judicial district and division and is subject
to personal jurisdiction within this judicial district and division, and because events giving rise to these
3
N:\Personal Files\dkozlowski\Word\DEW\aaland\answer.complaint.docx
USDC IN/ND case 2:23-cv-00039-JD-JPK document 16 filed 03/15/23 page 4 of 18
PARTIES
10. Plaintiff Albert's is a corporation organized under the laws of the State of Indiana, having
a principal place of business at 711 Main Street, Schererville, IN 46375. Albert's is a family-owned and
operated business that sells diamond jewelry and other jewelry products at its site in Schererville,
Indiana.
11. On information and belief, Defendant AaLand Diamond Jewelers LLC is a limited
liability company organized and existing under the laws of the State of Indiana, having a principal place
of business at 10460 Broadway, Crown Point, IN 46307. Defendant sells diamond jewelry and other
12. Albert's has operated a diamond jewelry business in Northwest Indiana since 1905.
Over this 115+ year period of time, Albert's has become renowned for its unique branding in connection
with the sale of high-quality diamond jewelry and other jewelry products, as well as personalized
service related to those products. It has done so at a number of locations in the Northwest Indiana region,
including former locations in East Chicago and Merrillville, as well as its current Schererville location since 2002.
Throughout this lengthy period of time, Albert's has developed a strong reputation throughout Northwest
Indiana for its high-quality diamond and other jewelry products and personalized service related to those
products.
4
N:\Personal Files\dkozlowski\Word\DEW\aaland\answer.complaint.docx
USDC IN/ND case 2:23-cv-00039-JD-JPK document 16 filed 03/15/23 page 5 of 18
13. For many years, Albert's has offered for sale and sold its diamond jewelry and other
jewelry products under a common law logo trademark. It began using the current version of the mark in
2002 (the "Albert's Trademark"). The mark prominently incorporates a diamond drawing with sharp
edges and a multitude of internal sketch lines, all intended to evoke in a potential customer's mind a
precision cut, high-quality diamond. It's name "Albert's" appears above the term "Diamond Jewelers,"
and incorporates a distinct style of typeface/font - all of which have become extremely well-recognized
15. Albert's has extensively advertised and promoted the products offered in connection with
the Albert's Trademark, including in print, billboard, television, and other advertising venues. As a
result, Albert's has realized substantial success in its sales of products offered under the Albert's
Trademark.
5
N:\Personal Files\dkozlowski\Word\DEW\aaland\answer.complaint.docx
USDC IN/ND case 2:23-cv-00039-JD-JPK document 16 filed 03/15/23 page 6 of 18
16. As a result of its extensive marketing, advertising, and promotional efforts related to
the products that it offers in connection with its Albert's Trademark, consumers closely associate
high-quality diamond and other jewelry and personalized service with Albert's as the source of those
goods.
17. Through its long-time presence in Northwest Indiana, advertising and marketing, and
high-quality product offerings coupled with personalized service, Albert's has developed a loyal
customer following that spans well beyond Schererville. Albert's is regularly recognized and awarded as
18. Albert's has generated substantial goodwill and customer recognition in its Albert's
Trademark. Consumers immediately associate the Albert's Trademark with Albert's' diamond jewelry
business and products, and service. The Albert's Trademark has become well- known and famous,
particularly among purchasers of diamond and other jewelry products throughout Northwest Indiana
and beyond.
19. Moreover, Albert's always endeavors to maintain its reputation for high quality diamond
jewelry and other jewelry products that customers have come to associate with the Albert's
6
N:\Personal Files\dkozlowski\Word\DEW\aaland\answer.complaint.docx
USDC IN/ND case 2:23-cv-00039-JD-JPK document 16 filed 03/15/23 page 7 of 18
Trademark. Albert's painstaking adherence to the highest quality standards has resulted in widespread
and favorable public acceptance among consumers for all products and services offered under the
Albert's Trademark.
20. As a result of Albert's advertising and promotion, adherence to the highest quality
standards, and sales success over the course of 115+ years in business, the Albert's Trademark is widely-
recognized in Northwest Indiana, immediately identifying Albert's as the exclusive source of the
products which are offered in connection with the Albert's Trademark, and signifying goodwill of
incalculable value.
21. Defendant recently moved its single storefront from a location in Merrillville, Indiana
to a new location in Crown Point, Indiana. In connection with the opening of its new Crown Point store,
Defendant installed and continues to use and display exterior signage that incorporates a prominent
logo. Immediately below is a photo showing Defendant's storefront and its exterior sign:
7
N:\Personal Files\dkozlowski\Word\DEW\aaland\answer.complaint.docx
USDC IN/ND case 2:23-cv-00039-JD-JPK document 16 filed 03/15/23 page 8 of 18
exterior sign, but denies any and all remaining allegations contained in rhetorical
22. As one can see in the Defendant exterior sign, Defendant is using a logo that is
suspiciously similar to the Albert's Trademark. That logo (the "Infringing Mark") appears immediately
below:
DIAMOND JEWELERS
8
N:\Personal Files\dkozlowski\Word\DEW\aaland\answer.complaint.docx
USDC IN/ND case 2:23-cv-00039-JD-JPK document 16 filed 03/15/23 page 9 of 18
mark. Defendant admits that its logo is set forth in rhetorical paragraph twenty-two
of Plaintiff's Complaint.
23. Defendant's Infringing Mark as presented to the consuming public through signage, its
website, and other materials incorporates the prominent features of the Albert's Trademark. The
Infringing Mark utilizes a diamond sketch, that, just like the Albert's Trademark, incorporates internal
lines evoking prevision cuts and high quality. The Infringing Mark displays the business name above
the phrase "Diamond Jewelers," and utilizes a distinct typeface/font - all of which is suspiciously similar
24. Defendant located its new storefront in Northwest Indiana, the same region that Albert's
has operated in for over 115 years. However, it chose a specific city within the Albert's Northwest
25. As such, Defendant now offers to sell and sells diamond jewelry and other jewelry
products, using a logo that is confusingly similar to the Albert's Trademark, in the same region that
Albert's has been operating for 115+ years, all of which leading consumers to believe that Defendant's
storefront is either a new location for Albert's or somehow related to or sponsored by Albert's.
ANSWER: Defendant admits that it offers to sell and sells diamond jewelry and
other jewelry products, but denies any and all allegations contained in rhetorical
9
N:\Personal Files\dkozlowski\Word\DEW\aaland\answer.complaint.docx
USDC IN/ND case 2:23-cv-00039-JD-JPK document 16 filed 03/15/23 page 10 of 18
26. Albert's competes in the marketplace for the same consumers as Defendant. In fact,
Defendant's actions in opening a new store in Crown Point, but using the Infringing Mark, have led to
actual consumer confusion. Albert's is currently aware of at least one Albert's customer who, after seeing
the new Defendant storefront, contacted Albert's and congratulated it on opening a new store. That
consumer was confused, of course, because Albert's has not opened a store in Crown Point, Indiana.
he a e ace f he a e c e a Defe da a d, he ef e de ie a e,
and denies any and all remaining allegations contained in rhetorical paragraph
27. On October 13, 2022, Albert's' through counsel sent a letter to Defendant explaining that
Defendant's use of the Infringing Mark was in violation of Section 43(a)(l)(A) of the Lanham Act (15
U.S.C. § 1125) and Indiana state law. The letter noted the actual consumer confusion that Albert's was
aware of, and proposed an amicable resolution in which the Defendant would voluntarily stop using the
Infringing Mark on all signage, marketing materials, printed or electronic materials, and/or any and all
other references to Defendant's jewelry store. It offered to coordinate to ensure that any new mark to be
used by Defendant would be agreeable and avoid further conflict. A true and accurate copy of the letter
is attached as Exhibit A.
ANSWER: Defendant admits receiving a letter dated October 13, 2022 and
states the letter speaks for itself and, therefore, does not admit nor deny the allegation,
but if an answer is required, Defendant denies, and denies any and all remaining
28. Defendant through counsel responded to the October 13 letter. In a letter dated
November 3, 2022, Defendant through counsel acknowledged Albert's' longtime and extensive
10
N:\Personal Files\dkozlowski\Word\DEW\aaland\answer.complaint.docx
USDC IN/ND case 2:23-cv-00039-JD-JPK document 16 filed 03/15/23 page 11 of 18
advertising, marketing and promotion. It further admitted that ''Albert's indeed is very well known
because of its marketing, television commercials and billboards, which are prominent throughout the
Northwest Indiana area." The letter curiously failed to acknowledge or respond to Albert's notice to it
of actual consumer confusion The letter conveyed the Defendant "is not willing to modify its logo."
2022 A be e e and states the document speaks for itself and, therefore, does not
admit nor deny the allegation, but if an answer is required, Defendant denies, and denies
Plaintiff's Complaint.
counsel attempted to propose a further amicable resolution to change and discontinue use of the
Infringing Mark. Defendant has to date failed and refused to substantively reply to Albert's proposal.
30. Defendant's continuing use of the Infringing Mark has caused, and is likely to continue
business with Albert's and to damage Albert's' business relations with consumers and prospective
consumers.
31. Defendant is aware of the strength and fame of the Albert's Trademark, and the goodwill
symbolized thereby, and that the Infringing Mark cannot be legally used by it as an indicator of source
or sponsorship for the goods it is offering. Accordingly, Defendant has been engaging in the above-
11
N:\Personal Files\dkozlowski\Word\DEW\aaland\answer.complaint.docx
USDC IN/ND case 2:23-cv-00039-JD-JPK document 16 filed 03/15/23 page 12 of 18
described unlawful activities knowingly and intentionally, or with reckless disregard for Albert's' rights
COUNT I
33. Albert's solely and exclusively owns the common law Albert's Trademark and all right,
34. Defendant's use of the Infringing Mark in commerce and in connection with its products,
is likely to cause confusion, mistake or deception: (i) as to the affiliation, connection or association
with Albert's, and (ii) as to the origin, sponsorship or approval of its products and services by
Albert's.
35. Defendant has acted with knowledge of the Albert's Trademark and with the deliberate
12
N:\Personal Files\dkozlowski\Word\DEW\aaland\answer.complaint.docx
USDC IN/ND case 2:23-cv-00039-JD-JPK document 16 filed 03/15/23 page 13 of 18
36. Defendant's actions have continued despite being expressly notified of the Albert's
Trademark and Albert's' request that it cease and desist use thereof.
37. Defendant's acts therefore constitute willful trademark infringement, false designation
of origin, and unfair competition in violation of Section 43(a)(l)(A) of the Lanham Act, 15 U.S.C. §
1125(a)(l)(A).
38. Defendant has profited from its unlawful actions and it has been unjustly enriched to the
detriment of Albert's. Defendant's unlawful actions have caused Albert's monetary damage in an amount
39. Upon information and belief, by its acts, Defendant has made and will realize substantial
40. Defendant's intentional and willful conduct has caused, and will continue to cause,
Albert's irreparable harm unless enjoined, and Albert's has no adequate remedy at law.
COUNT II
13
N:\Personal Files\dkozlowski\Word\DEW\aaland\answer.complaint.docx
USDC IN/ND case 2:23-cv-00039-JD-JPK document 16 filed 03/15/23 page 14 of 18
a ag a h e h gh f f Defe da A e C ai , a i a e
42. Albert's owns all right, title, and interest in and to the Albert's Trademark as aforesaid,
including all common law rights in such mark, and such mark is famous, distinctive and fanciful.
43. The aforesaid acts of Defendant constitute trademark infringement in violation of the
44. Defendant has acted with knowledge of the Albert's Trademark and with the deliberate
45. Defendant has profited from its unlawful actions and has been unjustly enriched to the
detriment of Albert's. Defendant's unlawful actions have caused Albert's monetary damage in an
46. Upon information and belief, by its acts, Defendant has made and will realize
14
N:\Personal Files\dkozlowski\Word\DEW\aaland\answer.complaint.docx
USDC IN/ND case 2:23-cv-00039-JD-JPK document 16 filed 03/15/23 page 15 of 18
COUNT III
48. Defendant's use of the Infringing Mark in commerce in connection with its goods and
services is intended to cause, has caused, and is likely to continue to cause confusion, mistake and
deception among the general consuming public and the trade as to whether the goods and services
bearing the Infringing Mark originate from, or are affiliated with, sponsored by, or endorsed by
Albert's.
same.
paragraph forty-nine, Count III, of Plaintiff's Complaint and, therefore, denies same.
50. Defendant has acted with knowledge of the Albert's Trademark and with the deliberate
intent to deceive the general consuming public and the industry, and to benefit unfairly from the
15
N:\Personal Files\dkozlowski\Word\DEW\aaland\answer.complaint.docx
USDC IN/ND case 2:23-cv-00039-JD-JPK document 16 filed 03/15/23 page 16 of 18
51. The aforesaid acts of Defendant constitute unfair competition in violation of the
52. Defendant has profited from its unlawful actions and has been unjustly enriched to the
detriment of Albert's. Defendant's unlawful actions have caused Albert's monetary damage in an
53. Upon information and belief, by its acts, Defendant has made and will realize
54. Defendant's intentional and willful conduct has caused, and will continue to cause,
Albert's irreparable harm unless enjoined, and Albert's has no adequate remedy at law.
AFFIRMATIVE DEFENSE
Without admitting that they bear the burden of proof with respect to the following, such of which
1. The Complaint fails to state a claim upon which relief can be granted.
prejudicial delay.
3. P ai iff c ai a e ba ed b he d c i e f ac ie ce ce ba ed P ai iff d ea d
16
N:\Personal Files\dkozlowski\Word\DEW\aaland\answer.complaint.docx
USDC IN/ND case 2:23-cv-00039-JD-JPK document 16 filed 03/15/23 page 17 of 18
4. P ai iff c ai a e ba ed b e e.
5. P ai iff c ai a e ba ed b ai e .
7. P ai iff c ai ee i e fi ed a a e f i iai .
granted to AaLand Diamond Jewelers, LLC in its own state trademark registration.
9. P ai iff c ai i ba ed b fai e .
10. Defendant reserves the right to assert additional Affirmative Defenses as this matter
5. AaLand Diamond Jewelers, LLC be awarded its costs of this suit incurred in defense of this
6. Defendant be awarded any other relief that this Court deems just and proper.
Respectfully submitted,
JURY DEMAND
Respectfully submitted,
CERTIFICATE OF SERVICE
THIS IS TO CERTIFY that the undersigned did, this day, electronically filed the foregoing
instrument with the Clerk of the Court using the CM/ECF system which sent notification of such filing to
all parties of record herein.
/s/David E. Woodward
David E. Woodward
18
N:\Personal Files\dkozlowski\Word\DEW\aaland\answer.complaint.docx