gianni strategic enterprises - white house gift shop trademark complaint.pdf

8/20/2019 Gianni Strategic Enterprises - White House Gift Shop trademark complaint.pdf

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FILED

T H E U NIT ED S T T ES D IS T RI CT C O U R T

F O R

T H E

E S T E R N DISTRICT O F

V I RG I N I

LEX N RI

IVISION llli FEB

24 A

l luq

G I N N I N I S T R T E G I C

ENTERPRISES

LLC

Plaintiff

V

W H IT E H OU SE G IF TS AND P P R E L

DISTRIBUTION CENTER

a nd

LEON

VENNIS

JR.

a n d

J U L I E DENNIS

a n d

J O H N

D O E

an d

J O H N

D O E

C O R P O R T I O N

Defendan t s

CLERK

us

DISTRICT COURT

LEX NDRI

VIRGIiil

C I V IL C T IO N

NO.

UnB^j

MS//

JURY

TRIAL DEMANDED

COMPL INT

Plaintiff Giannini Strategic Enterpries, LLC GSE or Plaintiff) files this complaint

against Defendants White House Gifts and Apparel Distribution Center WHGADC ), Leon

Vennis Jr. Vennis ), Julie Dennis Dennis ), John Doe, and John Doe Corporation John Doe

Corp.) collectively Defendants ) and alleges as follows:

1. This is an action for a permanent injunction and for further relief based on

trademark infringement under 35 U.S.C. § 1114, false advertising and unfair competition under

Section 43 a) of the Lanham Act, and/or common law unfair competition.

Case 1:16-cv-00187-LMB-MSN Document 1 Filed 02/24/16 Page 1 of 11 PageID# 1


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P RTIES

2. Giannini Strategic Enterprises, LLC GSE ) is a limited liability company

organized and existing under the laws

of

Pennsylvania, located at, and doing business from, 301

Front Street, Lititz, Pennsylvania 17543.

3. On information and belief.DefendantWhiteHouseGifts andApparel Distribution

Center is not an organized entity in any state but has a principal place

of

businessof 309 OverHill

Drive, Sweetwater, TN 37874.

4. On information

and

belief,

Defendant

Mr. Leon

Vennis

Jr. is a resident of

Tennessee and resides at 309 Over Hill Drive, Sweetwater, TN 37874.

5. On information

an d

belief

Defendant

Ms Julie

Dennis

is a resident o f Tennessee

and resides at 309

Over

Hill Drive, Sweetwater,

TN

37874.

6. At this t ime the name and address

of

Defendant John Doe could not be discovered

through reasonable effort. If and when the true name and address are discovered they will be

inserted into the complaint by amendment.

7. At this time, the name, address and entitytypeofDefendant JohnDoeCorporation

could not be discovered through reasonable effort. If and when the true name,address, andentity

type are discovered they will be inserted into the complaint by amendment

JURISDI TION

ND

VENUE

8. This action arises under United States, Title 35

of

the United States Code, Section

1114and the LanhamAct. Accordingly, this Court has subject matter jurisdiction pursuant28

U.S.C. §§ 1331, 1338, and 1367, and 15 U.S.C. §§ 1117 and 1121.

9. The exercise of personal jurisdiction in the Commonwealth

of

Virginia is proper

because actsgivingrise to Plaintiffs causesof actionhaveoccurredinVirginia. Morespecifically,



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14. Through its website Defendants sell Christmas Ornaments, Official Easter Eggs ,

Official

White Christmas Ornaments

Air First

One

items,

and

various

other

memorabilia

under

the marks WHITE HOUSE GIFT SHOP or confusing similar marks.

15. Among other false statements, Defendants falsely advertise their website as the

most respected White House Gift Shop in the world.

16. Among other false statements, Defendants falsely state that their company was

founded in 2006 to support and help preserve the integrity

of

the office of the President and the

time honored traditions ofAmerica and our rich heritage.

OUN T ONE

Federa l

Trademark

Inf r ingement -

15

U.S.C. S

1114>

17.Plaintiff refers to and incorporates the allegations in Paragraphs 1-16 the same as if set

forth

herein.

18.Defendants have been and are now infringing U.S. Trademark RegistrationNos. 4,887,788

for

WHITE HOUSE GIFT SHOP

and 4,887,789 for

WHITE HOUSE GIFT

SHOP, EST.

1946, in this judicial District and elsewhere in the United States, by, among other things,

making, using, importing, offering for sale, and/or selling products using the markWHITE

HOUSE GIFT SHOP or other marks confusingly similar to WHITE HOUSE GIFT SHOP

or WHITE HOUSE GIFT SHOP, EST. 1946. As a result ofDefendants infringement of

the 4,887,789 and 4,887,789 Registrations, Plaintiffhas suffered monetary damages and is

entitled to a money judgment in an amount adequate to compensate for Defendants

infringement, but in no event less than a reasonable royalty for the use made of the marks

by Defendants, together with interest and costs as fixed by the court, and Plaintiff will

continue to suffer damages in the future unless Defendant s infringing activities are

enjoined by this Court.



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19. By engaging in the conduct described herein, Defendant has injured GSE and is thus liable

for infringement of the 4,887,788 and 4,887,789 Registrations pursuant to 15 U.S.C. §

1114 a).

20. Defendant has committed these acts

of

infringement without license or authorization.

21. To the extent that facts learned in discovery show that Defendants infringement of the

4,887,788 and 4,887,789 Registrations is or has been willful, GSE reserves the right to

request such a finding at the time

of

trial.

22. Asa resultof Defendants infringementof the 4,887,788 and 4,887,789 Registrations, GSE

has sufferedmonetary damages and is entitledto a moneyjudgment in an amountadequate

to compensate for Defendants infringement, but in no event less than a reasonableroyalty

for the use made of the invention by Defendants, together with interest and costs as fixed

by the Court. GSE will continue to suffer damages in the future unless Defendants

infringing activities are enjoined by this Court.

23. GSE has also suffered and will continue to suffer severe and irreparable harm unless this

Court issues a permanent injunction prohibiting Defendants, their agents, servants,

employees, representatives, and all othersactingin activeconcerttherewithfrom infringing

the 4,887,788 and 4,887,789 Registrations.

OUNT

TWO

False

Adver t is ing -

Lanham

ct S 43 a> 15

U S C

S

1125 a^>

24. Plaintiff refers to and incorporates the allegations in Paragraphs 1 - 23, the same as if set

forth

herein

25. Defendants market and sell their products to consumer under the mark WHITE HOUSE

GIFT SHOP or under a confusingly similar mark to WHITE HOUSE GIFT SHOP or

WHITE HOUSE GIFT SHOP, EST. 1946. Defendants promotional claims violate



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Section 43(a)

of

the Lanham Act, 15U.S.C. § 1125(a), which states any person who, on

or in connection with any goods or services, . . . uses in commerce any . . . false or

misleadingdescription

of

fact or misleading representation

of

fact,

which...

in commercial

advertising or promotion, misrepresents the nature, characteristics, qualities, or

geographical origin of his or her or another person s goods, services, or commercial

activities, shall be liable to a civil action by any person who believes that he or she is likely

to be damaged by such act.

26. Byreason ofDefendants conduct. Plaintiffhas suffered and will continue to suffer damage

to its business, reputation and goodwill. In accordance with 15U.S.C. § 1117, Plaintiff is

entitled to damages for Defendants Lanham Act violations, an accounting ofDefendants

profits on infringement sales and recovery of Plaintiffs costs and reasonable attorney s

f ee s i nc ur re d i n t hi s a ct io n.

27. Defendants acts are willful , wanton, and calculated to deceive, and are undertaken in bad

faith, making this an exceptional case and thereby entitling Plaintiff to recover additional

damages and reasonable attorney s fees pursuant to 15 U.S.C. § 1117.

28. Unless enjoined by this Court, Defendants acts will irreparably injure Plaintiffs goodwill

and erode Plaintiffs market share. Pursuant to 15 U.S.C. § 1116, Plaintiff is entitled to

permanent injunctive relief to prevent Defendants continuing acts.

OUNT THR

Unfa i r Compe t it ion - Lanham Act S

43 a .

15

U,S.C.

S

1125 a

29. Plaintiff refers to and incorporates the allegations in Paragraphs 1 - 28, the same as if set

fo rth he rein .



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30. GSE has become uniquely associated with the WHITE HOUSE GIFT SHOP and the public

identifies GSE as the source for products sold under the mark WHITE HOUSE GIFT

SHOP

or

WHITE

HOUSE

GIFT SHOP

EST.

1946.

31. Defendants have marketed and continue to market their products under marks identical to

orsimilar to Plaintiffs marks.This has enabledDefendantsto trade off ofGSE s reputation

and good will.

32. Defendants have included statements on their website, such as,

but

not limited to

the

most

respected White House Gift Shop in the world. This has enabled Defendants to trade off

of

GSE s reputation and good will.

33. Defendants acts constitute unfair competition in violation

of

Section 43(a)

of

the Lanham

Act, 15U.S.C.§ 1125(a).

34. Byreasonof Defendants conduct.Plaintiffhas sufferedandwill continueto sufferdamage

to its business, reputation and goodwill. In accordance with 15U.S.C. § 1117, Plaintiff is

entitledto damages forDefendants LanhamAct violations, an accountingof Defendants

profits on infringement sales and recovery of Plaintiffs costs and reasonable attorney s

fees

incurred

in this

action.

35. Defendants acts are willful, wanton, and calculated to deceive, and are undertaken in bad

faith, making this an exceptional case and thereby entitling Plaintiff to recover additional

damages and reasonable attorney s fees pursuant to 15U.S.C. § 1117.

36. Unlessenjoined by this Court,Defendants actswill irreparably injurePlaintiffs goodwill

and erode Plaintiffs market share. Pursuant to 15 U.S.C. § 1116, Plaintiff is entitled to

permanent injunctive relief to prevent Defendants continuing acts.



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OUNT FOUR

C o m m o n

Law U n f a i r C o m p e t i t i o n )

37. Plaintiff refers to and incorporates the allegations in Paragraphs 1 - 36 the same as if set

forth

herein.

38. With full knowledge of

GSE s

ownership and priority to the mark WHITE HOUSE GIFT

SHOP Defendants have made false and misleading explicit and implicit representations to

its customers that the products it advertises and offers for sale are associated with GSE

through the use

of

the WHITE HOUSE GIFT SHOP and confusingly similar marks.

39. Defendant s actions are likely to cause confusion mistake or deception about the nature

characteristics and qualities

of

Defendants products.

40. By reason

of

Defendants conduct Plaintiffhas suffered and will continue to suffer damage

to its business reputation and goodwill. Plaintiff is entitled to damages for Defendants

Common Law Unfair Competition an accounting of Defendants profits on infringement

sales and recovery

of

Plaintiffs costs and reasonable attorney s fees incurred in this action.

41. Defendants acts are willful wanton and calculated to deceive and are undertaken in bad

faith making this an exceptional case and thereby entitling Plaintiff to recover additional

damages and reasonable attorney s fees.

42. Unless enjoined by this Court Defendants acts will irreparably injure Plaintiffs goodwill

and erode Plaintiffs market share. Plaintiff is entitled to permanent injunctive relief to

prevent Defendants continuing acts.

PR YER

FOR REL IEF

WHEREFORE Plaintiffrespectfully requests that this Court enter:



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A A judgment in favor Plaintiff that Defendants have infringed U S Trademark

Registration No 4 887 788 for WHITE HOUSE GIFT SHOP;

B A judgement and order that each Defendant its agent employees representatives

successors and assigns and those acting in privity or in concert or in participation with them be

permanently enjoined from further infringement U S Trademark Registration No 4 887 788;

C A judgement and order that each Defendant its agent employees representatives


permanently enjoined from directly or indirectly falsely advertising or promoting that their

products are affiliated with the WHITE HOUSE GIFT SHOP;

D A judgement and order that each Defendant its agent employees representatives


permanentlyenjoined from makingor inducingothers to make any false misleading or deceptive

statements

fact or representation

fact in connection with the promotion advertisements

display offer for sale their products in such a fashion as to suggest that there is any affiliation

between Defendants or their products with the WHITE HOUSE GIFT SHOP;

E A judgment in favor Plaintiff that Defendants have infringed U S Trademark

Registration No 4 887 789 for WHITE HOUSE GIFT SHOP EST 1946;

F A judgement and order that each Defendant its agent employees representatives


permanently enjoined from further infringement U S Trademark Registration No 4 887 789;

G A judgement and order that each Defendant its agent employees representatives




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permanently enjoined from directly or indirectly falsely advertising or promoting that their

products are affiliated with the WHITE HOUSE GIFT SHO. EST. 1946;

H. A judgement and order that each Defendant, its agent, employees, representatives,

successors, and assigns and those acting in privity or in concert or in participation with them be

permanently enjoined from making or inducing others to make any false, misleading, or deceptive

statements of fact or representation of fact in connection with the promotion, advertisements,

display, offer for sale, of their products in such a fashion as to suggest that there is any affiliation

between Defendants or their products with the WHITE HOUSE GIFT SHOP. EST. 1946;

I. A judgment and order that each Defendant, its agent, employees, representatives,


permanently enjoined from falsely advertising its products;

J. A judgment and order that each Defendant, its agent, employees, representatives,


permanently enjoined from unfairly competing with GSE;

K. A judgment and order that each Defendant, its agent, employees, representatives,


permanently enjoined from unfairly competing with GSE under the common law;

L. A judgment and order requiring Defendants to pay Plaintiff all of its reasonable

attorneys fees, costs and expenses, including those available under 15 U.S.C. § 1117 a) and any

other applicable law;

M. A judgement and order requiring Defendants to pay Plaintiffs pre-judgment and

post-judgment interest on damages awarded and assessing all costs of this action against

Defendants and or



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gianni strategic enterprises - white house gift shop trademark complaint.pdf

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