|
Page 1 | 2
| 3 | 4
| 5 | 6
| 7 | 8
SECOND CAUSE OF
ACTION
(Federal Trademark
Dilution Against All
Defendants)
57. Plaintiff
repeats and realleges the allegations set forth
above in Paragraphs 1 through 56, inclusive, as
through more fully set forth herein.
58. Plaintiffs'
mark is inherently distinctive and has acquired
distinction from its past use in connection with
the promotion, sale and marketing of
motorcycles.
59. Mike Hailwood's
name is a distinctive mark which identifies the
source of the products as Mike Hailwood and
Plaintiff.
60. Mike Hailwood's
name is famous and distinctive within the meaning
of 15 U.S.C. Sections 1125(c)(1) and
1127.
61. Defendants'
activities complained of in this complaint
constitute unauthorized use in New Jersey and in
interstate commerce of Plaintiff's
marks.
62. Defendants'
activities were conducted with full recognition of
Plaintiff's use of the mark in world wide trading
areas and channels of trade, and commenced after
the mark had become famous. Such activities have
and will continue to cause dilution of the
distinctive quality of the marks by lessening its
capacity to identify and distinguish Plaintiff's
endorsement and Plaintiff's authorized use of the
mark to the damage and harm of Plaintiff in
violation of the Federal Trademark Dilution Act of
1995, 15 U.S.C. Section 1125(c)(1).
63. The activities
of Defendants as alleged above have caused and will
cause irreparable harm to Plaintiff for which
Plaintiff has no adequate remedy at law in that (i)
if the wrongful conduct continues, Plaintiff's mark
risks further dilution; and (ii) Defendants'
wrongful conduct, and the damages resulting to
Plaintiff, is continuing.
64. Accordingly,
Plaintiffs are entitled to preliminary and
permanent injunctive relief pursuant to 15 U.S.C.
Section 1125(c)(2).
65. On information
and belief, Defendants have committed the foregoing
acts with previous knowledge of Plaintiff's prior
right to use of the mark, and in contravention of
requests to cease and desist by Plaintiff and with
the willful intent to trade on Plaintiff's good
will and reputation, and with the willful intent to
cause dilution of the marks.
66. As a result of
the foregoing, Plaintiff has been
damaged.
WHEREFORE,
Plaintiff demands judgment against Defendants, and
each of them, as follows:
(a) For
the actual damages sustained by
Plaintiff;
(b) For a
permanent injunction prohibiting any use of Mike
Hailwood's name, initials, likeness, identifying
characteristics or reputation in connection with
the Motorcycles or any other commercial product
by Defendants;
(c) For the
destruction of all infringing
articles;
(d) For treble
damages, costs and attorney's fees pursuant to
15 U.S.C. Section
1117;
and
(e). For such
other and further relief as the Court deems just
and/or proper.
Page 1 | 2
| 3 | 4
| 5 | 6
| 7 | 8
|