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Plaintiff Summit Brewing Company (Summit) for its Complaint against Defendant The
Grand Lake Brewing Company, LLC (Grand Lake), states and alleges as follows:
1.
St. Paul, Minnesota. Summit is, among other things, in the business of producing and selling
beer.
2.
Defendant Grand Lake is, upon information and belief, a Colorado corporation
with its principal place of business in Grand Lake, Colorado. Grand Lake is engaged in the
business of, among other things, producing and selling beer.
JURISDICTION AND VENUE
3.
The subject matter is based on 28 U.S.C. 1331 and 1338, and 15 U.S.C.
1121(a). This action arises under 15 U.S.C. 1114, 1116 and 1125, and deceptive trade
practices in violation of Colorado law.
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4.
This Court has subject matter jurisdiction over the Plaintiffs claims under 28
U.S.C. 1331, 1338 and 1367. Venue in this district is proper pursuant to 28 U.S.C.
1391(b) and 1391(c).
UNDERLYING FACTS
5.
Since 1986, Summit has produced and sold beer under its SUMMIT mark.
During Summits 29 year history, SUMMIT beer has been distributed and sold in approximately
twenty states throughout the Midwest and northeastern United States. During parts of Summits
29 year history, it has distributed its SUMMIT marked beers in Colorado. Summit has also
participated in competitions and tastings in Colorado, the most prominent of which is the Great
American Beer Festival, which is held annually in Colorado.
6.
Presently, Summit produces and markets seven beers year round under the
SUMMIT mark, five seasonal beers under the SUMMIT mark as well as various limited release
products under the SUMMIT mark. These SUMMIT marked beers include, but are not limited
to, SUMMIT Extra Pale Ale, SUMMIT Pilsener, SUMMIT True Brit IPA, SUMMIT Great
Northern Porter, SUMMIT Horizon Red IPA, SUMMIT Sga IPA, SUMMIT Frost Line Rye,
SUMMIT Maibock, SUMMIT Summer Ale, SUMMIT Oktoberfest, SUMMIT Winter Ale,
SUMMIT Unchained Series, SUMMIT Union Series, and SUMMIT Oatmeal Stout. As of 2013,
Summit ranked 32nd in United States for domestic commercial beer sales.
7.
COMPANY (Reg. No. 3,061,466) in International Class 32 for beer, SUMMIT BREWING
COMPANY (Reg. No. 3,061,467) in International Class 32 for beer, and design and word mark
for SUMMIT BREWING CO. (Reg. No. 4,517,565) in International Class 32 for beer.
4825-0455-9650.1
8.
Summit has spent millions of dollars advertising and promoting its beer under the
mark SUMMIT. Summit has won multiple national and regional awards for beers it has sold
under the SUMMIT mark.
9.
Summit that Grand Lake was selling a beer under mark SUMMIT pale ale.
10.
selling a beer under the brand SUMMIT Pale Ale. (A true and correct copy of a webpage from
Grand Lakes website is attached hereto as Exhibit A). The label features the mark SUMMIT as
the most prominent wording on the label. The webpage goes on to indicate which liquor stores
are currently selling Summit Colorado Pale Ale. (A true and correct copy of the SUMMIT
Colorado Pale Ale titled webpage from Grand Lakes website is attached hereto as Exhibit B).
11.
Karen Wood of Grand Lake to express concern about the confusion likely to be caused by Grand
Lakes use of the well-known SUMMIT mark. Wood informed Stutrud that his concerns were
silly but promised to contact its attorney and call him back. Summit received no response.
12.
with correspondence to Wood dated January 8, 2015 and January 21, 2015 regarding Summits
concerns regarding Grand Lakes using the SUMMIT mark. (a true and correct copy of
Summits counsels correspondence dated January 8, 2015 and January 21, 2015 are attached
hereto as Exhibit C). To date, Grand Lake has not responded to Summits concerns regarding
the use of the SUMMIT mark on Grand Lakes beer and Summit has been given no assurances
that Grand Lake will cease using the SUMMIT mark on its beers.
FIRST CAUSE OF ACTION
(Infringement of Registered Trademark)
4825-0455-9650.1
13.
Summit uses the SUMMIT mark in interstate commerce to identify the source of
Despite Summits demand that Grand Lake desist from doing so, it has continued
to use the SUMMIT mark for the purpose of profiting from commerce related to the sale beer
and related goods.
16.
Grand Lakes use of the SUMMIT mark is in violation of 15 U.S.C. 1114 and
17.
Grand Lakes use of the SUMMIT mark is likely to cause confusion, mistake, or
1116.
deception as to the affiliation, connection or association of Grand Lake with SUMMIT as to the
origin, sponsorship or approval of Grand Lakes goods and commercial activities.
18.
Grand Lake from using SUMMIT as a trademark in any fashion or for any purpose without
Summits authorization or permission. Summit has and will continue to suffer irreparable harm
unless Grand Lakes activities are enjoined by the Court.
19.
Summit is entitled to recover Grand Lakes profits, actual damages and other
monetary relief pursuant to 15 U.S.C. 1117. By virtue of Grand Lakes willful and knowing
infringement, Summit is entitled to trebling of damages and recovery of their attorneys fees
incurred in pursuing this action.
SECOND CAUSE OF ACTION
Lanham Act False Designation of Origin and Unfair Competition
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20.
defendants from using the SUMMIT mark without Summits permission, and preventing
additional acts of unfair and deceptive competition. Summit is entitled to recover Grand Lakes
profits, actual damages and other monetary relief pursuant to 15 U.S.C. 1117. By virtue of
defendants willful and knowing infringement, Summit is entitled to a trebling of damages and
recovery of its attorneys fees incurred in pursuing this action.
THIRD CAUSE OF ACTION
Deceptive Trade Practices
23.
Defendants have engaged in the above conduct willingly with knowledge that the
Consumer Protection Act, 6-1-105. Under 6-1-113, Summit is entitled to actual damages,
treble damages plus costs and reasonable attorneys fees.
FOURTH CAUSE OF ACTION
Common Law Trademark Infringement and Unfair Competition
26.
By virtue of having used and continuing to use the SUMMIT mark, Summit has
acquired common law rights in the SUMMIT mark. The unauthorized use of the SUMMIT mark
4825-0455-9650.1
or substantially similar marks in connection with beer and related goods infringes upon
Summits common law rights in its trademarks, and this use is likely to cause confusion, mistake
or deception among consumers and who will believe that Grand Lakes beer and related goods
are affiliated with, authorized by or endorsed by Summit, when they are not.
28.
rights in the mark and with the intent of causing confusion, mistake and deception as to the
source and/or endorsement of Grand Lakes products.
29.
Unless Grand Lake is immediately enjoined and prohibited from using the
SUMMIT mark or any confusingly similar mark, Grand Lake will continue to intentionally
infringe the SUMMIT mark.
30.
Summit has no adequate remedy at law, and as a direct and proximate result of
Grand Lakes deceptive trade practices, Summit has been irreparably harmed by Grand Lakes
conduct, and will continue to suffer irreparable harm and damage to its trademark rights,
goodwill, businesses and reputation.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for an order directing as follows:
1.
SUMMIT mark;
2.
That Grand Lake, along with its officers, agents, servants, employees and all
persons in act of concert or participation with any of them, be preliminary and permanently
enjoined from any further use of the SUMMIT mark in connection with their goods and services;
3.
That Grand Lake deliver to Summit all inventory and advertising materials that
proven at trial and trebling those amounts in accordance with the provision of 15 U.S.C. 1117
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or statutory damages pursuant to 15 U.S.C. 1117(c) at Summits election before the entry of
final judgment, together with prejudgment and post-judgment interest;
5.
That Summit be awarded its attorneys fees and costs incurred in prosecuting this
6.
That the Court order Grand Lake, within thirty (30) days after service of the
action.
Judgment demanded herein, be required to file with this Court and serve upon Summits
undersigned counsel, a written report under oath setting forth in detail the manner in which the
defendants have complied with the Judgment;
7.
Such other and further relief as the Court may deem just and equitable.
DEMAND FOR JURY TRIAL
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