Professional Documents
Culture Documents
(b) County of Residence of First Listed Plaintiff Lackawanna County, PA County of Residence of First Listed Defendant Brown County, WI
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED.
(CLI Attomey' s (Firm Name Address and Telephone Number) Attomeys Known)
Gross cGinley, LLP, 33 South Seventh Street, P.O. Box 4060, Allentown,
Pennsylvania 18105
II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an "X" in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
01 U.S. Govemment X 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Govenunent Not a Party) Citizen of This State 01 01 Incorporated or Principal Place g 4 04
of Business In This State
02 U.S. Govemment 0 4 Diversity Citizen of Another State 02 0 2 Incorporated and Principal Place 0 5 IN 5
Defendant of Business In Another State
(Indicate Citizenship of Parties in Item III)
Citizen or Subject of a 03 0 3 Foreign Nation 06 06
Foreign countw
IV. NATURE OF SUIT Place an "X" in One Box Onl
0 110 Insurance PERSONAL INJURY PERSONAL INJURY 0 610 Agriculture 0 422 Appeal 28 USC 158 Cl 400 State Reapportionment
0 120 Marine 0 310 Airplane 0 362 Personal Injury - 0 620 Other Food & Drug 0 423 Withdrawal 410 Antitrust
0 130 Miller Act 0 315 Airplane Product Med. Malpractice 0 625 Drug Related Seizure 28 USC 157 Cl 430 Banks and Banking
0 140 Negotiable Instrument Liability 0 365 Personal Injury - of Property 21 USC 881 Cl 450 Commerce
0 150 Recovery of Overpayment 0 320 Assault, Libel & Product Liability 0 630 Liquor Laws • Cl 460 Deportation
& Enforcement ofJudgment Slander 0 368 Asbestos Personal 0 640 R.R. & Truck 0 820 Copyrights Cl 470 Racketeer Influenced and
0 151 Medicare Act 0 330 Federal Employers' Injury Product 0 650 Airline Regs. 0 830 Patent Corrupt Organizations
0 152 Recovery of Defaulted Liability Liability 0 660 Occupational 14 840 Trademark Cl 480 Consumer Credit
Student Loans 0 340 Marine PERSONAL, PROPERTY Safety/Health 490 Cable/Sat TV
(Excl. Veterans) 0 345 Marine Product 0 370 Other Fraud 0 690 Other 810 Selective Service
0 153 Recovery of Overpayment Liability 0 371 Truth in Lending Cl 850 Securities/Commodities/
of Veteran's Benefits 0 350 Motor Vehicle 0 380 Other Personal 0 710 Fair Labor Standards 0 861 HIA (1395ff) Exchange
0 160 Stockholders' Suits 0 355 Motor Vehicle Property Damage Act 0 862 Black Lung (923) Cl 875 Customer Challenge
0 190 Other Contract Product Liability 0 385 Property Damage 0 720 Labor/Mgmt. Relations 0 863 DIWC/DIWW (405(g)) 12 USC 3410
0 195 Contract Product Liability 0 360 Other Personal Product Liability 0 730 Labor/Mgmt.Reporting 0 864 SSID Title XVI Cl 890 Other Statutory Actions
n 196 Franchise Idu & Disclosure Act 0 865 RSI 405 891 Agricultural Acts
0 740 Railway Labor Act Cl 892 Econornic Stabilization Act
0 210 Land Condemnation 0 441 Voting 0 510 Motions to Vacate 0 790 Other Labor Litigation 0 870 Taxes (U.S. Plaintiff 893 Environmental Matters
0 220 Foreclosure 0 442 Employment Sentence 0 791 Empl. Ret. Inc. or Defendant) 894 Energy Allocation Act
0 230 Rent Lease & Ejectment 0 443 Housing/ Habeas Corpus: Security Act 0 871 IRS—Third Party Cl 895 Freedom of Information
0 240 Torts to Land Accommodations 0 530 General 26 USC 7609 Act
0 245 Tort Product Liability 0 444 Welfare 0 535 Death Penalty Cl 900Appeal of Fee Determination
0 290 All Other Real Property 0 445 Amer. w/Disabilities - 0 540 Mandamus & Other 462 Naturalization Application Under Equal Access
Employment 0 550 Civil Rights 0 463 Habeas Corpus - to Justice
Cl 446 Amer. w/Disabilities - 0 555 Prison Condition Alien Detainee 950 Constitutionality of
Other 0 465 Other Immigration State Statutes
0 440 Other Civil Rights Actions
RECEIPT 4 AMOUNT APPLYING IFP JUDGE MAG. JUDGE
Case 3:11-cv-00637-UN2 Document 1 Filed 04/06/11 Page 2 of 12
Plaintiff,
V.
COMPLAINT
Defendant.
Document Electronically Filed
attorneys, as and for its complaint against defendant Badger Ladder, Inc.
("Badger"), says:
PARTIES
laws of the State of New York, that maintains its principal place of business at
54304.
Case 3:11-cv-00637-UN2 Document 1 Filed 04/06/11 Page 3 of 12
JURISDICTION
trademark under section 32 of the Lanham Act, 15 U.S.C. §1114, and unfair
U.S.C. §§1331 and 1338(a) and (b), as well as 28 U.S.C. § 1332 as there is
BACKGROUND
a line of scaffolding jacks under the trademark PRO-JACK for more than 25 years.
as Exhibit A.
has expended substantial sums to advertise and promote its trademarked PRO-
trade show appearances, direct mail, the Internet, and special promotions.
2
474299_1
Case 3:11-cv-00637-UN2 Document 1 Filed 04/06/11 Page 4 of 12
trademark has become well known in the trade as an indicator of high quality
scaffolding jacks that originate with Alum-A-Pole. This mark also distinguishes
Alum-A-Pole.
DEFENDANT'S TRADEMARK
INFRINGEMENT AND UNFAIR COMPETITION
early 2010 in connection with a "bait and switch" scheme whereby Badger
advertised the sale of PRO-JACK products on its website but delivered pump jacks
manufactured by others.
in tum, immediately deleted all references to PRO-JACK fi-om its website and
3
474299_1
Case 3:11-cv-00637-UN2 Document 1 Filed 04/06/11 Page 5 of 12
2011, defendant Badger published a sales brochure or flyer that is replete with
Alum-A-Pole's mark and good will that has caused Alum-A-Pole to sustain
related and products associated with the trademark of Alum-A-Pole has caused, is
causing, will continue to cause, and is likely to cause confusion, mistake, and/or
deception of customers and potential customers of the parties that some affiliation,
trademark falsely designates the origin of defendant's products, and falsely and
misleadingly describes and represents facts with respect to defendant and its
products, and enables it to palm off its products on an unsuspecting public as those
4
474299_1
Case 3:11-cv-00637-UN2 Document 1 Filed 04/06/11 Page 6 of 12
of Alum-A-Pole and to trade on and receive the benefit and good will of the
trademark of Alum-A-Pole.
interferes with Alum-A-Pole's ability to control the nature and quality of goods
provided under its trademark, thus placing the valuable reputation and good will of
injury to Alum-A-Pole and to the public for which there is no adequate remedy at
law.
been made with full knowledge and conscious disregard of the rights of Alum-A-
Pole, and are willful, intentional, and deliberate acts, in bad faith, with the intent to
COUNT I
FEDERAL TRADEMARK INFRINGEMENT
U.S.C. § 1114.
5
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Case 3:11-cv-00637-UN2 Document 1 Filed 04/06/11 Page 7 of 12
COUNT II
FEDERAL UNFAIR COMPETITION
from directly or indirectly using the mark PRO-JACK, or any other mark, word, or
impound during the pendency of this action, any labels, signs, prints, packages, and
copies, and all plates, molds and other matter for making such infringing copies in
and all profits derived from the sale of any products or services under the mark
PRO-JACK, and variations thereof, and that an award of profits be increased as the
g. For costs of suit and such further relief as this Court may deem
Respectfully submitted,
EXHIBIT A
Case 3:11-cv-00637-UN2 Document 1 Filed 04/06/11 Page 10 of 12
tate0 of anterit4.
e
taniteb ikatto Vatent anb Zrabemarb Offire 0-1
PRO-JACK
Reg. No. 3,893,334 ALUM-A-POLE CORPORATION (NEW YORK CORPORATION)
1011 CAPOUSEAVENUE
Registered Dec. 21, 2010 SCRANTON, PA 18509
Int. Cl.: 8 FOR: MANUALLY OPERATED PUMP JACKS FOR SCAFFOLDING, IN CLASS 8 (U.S. CLS.
23, 28 AND 44).
PRINCIML REGISTER THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLA1IvI TO ANY PAR-
TICULAR FONT, STYLE, SIZE, OR COLOR.
04;e174
DireOur uf thc Unitcd Spites rates0-and:114eupulc.Oftice
Case 3:11-cv-00637-UN2 Document 1 Filed 04/06/11 Page 11 of 12
EXHIBIT B
Case 3:11-cv-00637-UN2 Document 1 Filed 04/06/11 Page 12 of 12
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