Rieke Corporation filed a complaint against Riekes Packaging Corporation for trademark infringement and unfair competition. Rieke Corporation owns the registered trademark "RIEKE PACKAGING SYSTEMS" for packaging components and claims Riekes Packaging Corporation's similar name and sale of similar products is likely to cause confusion in the marketplace and loss of sales. The complaint brings claims of trademark infringement under federal and state law and unfair competition, and requests the court enjoin Riekes Packaging Corporation from further use of the infringing name and award damages.
Rieke Corporation filed a complaint against Riekes Packaging Corporation for trademark infringement and unfair competition. Rieke Corporation owns the registered trademark "RIEKE PACKAGING SYSTEMS" for packaging components and claims Riekes Packaging Corporation's similar name and sale of similar products is likely to cause confusion in the marketplace and loss of sales. The complaint brings claims of trademark infringement under federal and state law and unfair competition, and requests the court enjoin Riekes Packaging Corporation from further use of the infringing name and award damages.
Rieke Corporation filed a complaint against Riekes Packaging Corporation for trademark infringement and unfair competition. Rieke Corporation owns the registered trademark "RIEKE PACKAGING SYSTEMS" for packaging components and claims Riekes Packaging Corporation's similar name and sale of similar products is likely to cause confusion in the marketplace and loss of sales. The complaint brings claims of trademark infringement under federal and state law and unfair competition, and requests the court enjoin Riekes Packaging Corporation from further use of the infringing name and award damages.
Rieke Corporation filed a complaint against Riekes Packaging Corporation for trademark infringement and unfair competition. Rieke Corporation owns the registered trademark "RIEKE PACKAGING SYSTEMS" for packaging components and claims Riekes Packaging Corporation's similar name and sale of similar products is likely to cause confusion in the marketplace and loss of sales. The complaint brings claims of trademark infringement under federal and state law and unfair competition, and requests the court enjoin Riekes Packaging Corporation from further use of the infringing name and award damages.
NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION RIEKE CORPORATION d/b/a RIEKE PACKAGING SYSTEMS, Civil No. 1:14-cv-00241 Plaintiff, -v- RIEKES PACKAGING CORPORATION, COMPLAINT COMPLAINT COMPLAINT COMPLAINT Defendant. Jury Trial Requested Plaintiff Rieke Corporation, by its attorneys Woodard, Emhardt, Moriarty, McNett & Henry, LLP, for its complaint states: Nature of the Case 1. This is a complaint for trademark infringement and unfair competition. The Parties 2. Plaintiff Rieke Corporation is an Indiana corporation with a principal place of business at 500 West 7 th Street, Auburn, IN 46706 and does business under the trade name RIEKE PACKAGING SYSTEMS. 3. Defendant Riekes Packaging Corporation is, on information and belief, a Nebraska corporation, which is doing business in Indiana by selling its packaging and container products to Indiana customers through, for example, its regional sales office at Chicago, Illinois. Jurisdiction and Venue 4. This action arises under the federal Lanham Act, 15 U.S.C. 1051 et seq., and Indiana common law. This Court has subject-matter jurisdiction over the federal case 1:14-cv-00241-PPS-RBC document 1 filed 08/07/14 page 1 of 9 Provided by: Overhauser Law Offices LLC www.iniplaw.org www.overhauser.com 2 law claims under 28 U.S.C. 1331 and 1338 and 15 U.S.C. 1121. This Court has supplement jurisdiction over the state law claims under 28 U.S.C. 1367. 5. The Court has personal jurisdiction over Defendant under Ind. Trial 4.4 and venue is proper in this district under 28 U.S.C. 1391 because, on information and belief, Defendant has marketed, sold and/or actively contracted to supply goods in the State of Indiana and within this district and actively conducts business in the State of Indiana and within this district, in connection with the matters giving rise to this action. Facts Common to All Counts 6. Plaintiff is an innovative, world-class designer, manufacturer and distributor of highly engineered closures and dispensing systems for the global marketplace. These high-performance products are designed to enhance the customers ability to store transport, process and dispense various products in the agricultural, beverage, food, household products, industrial, medical, nutraceutical, personal care and pharmaceutical markets. 7. Plaintiff traces its origin back to 1921 when Theodore W. Rieke revolutionized the steel drum industry by creating the flange closure which could be inserted without brazing, required no fusing metals, was easily replaced, and prevented excessive scrap. 8. Plaintiff has long since expanded its overall product line into specialty dispensing systems such as pumps, foamers, and sprayers for household dispensers as well as plastic and steel closures, caps, drum and pail enclosures, rings and case 1:14-cv-00241-PPS-RBC document 1 filed 08/07/14 page 2 of 9 3 levers for the industrial market. 9. Plaintiff is one of the largest manufacturers of packaging components in the world, with advertising and sales activities which extend throughout the world. A copy of Plaintiffs homepage advertising both the trade name and the trademark RIEKE PACKAGING SYSTEMS with its packaging component products and its world-wide marketing capability is appended as EXHIBIT A. 10. Since as least as early as June 2000, the RIEKE PACKAGING SYSTEMS trade name and trademark has been used continuously in association with Plaintiffs dispensing systems and closures. Plaintiff is now well known throughout the United States and the world as a source of origin for these goods. Moreover, RIEKE PACKAGING SYSTEMS symbolizes both the reputation of the company and the activities to which it engages. 11. Over the years, Plaintiff has spent a considerable amount of money in establishing the trade name and the trademark in the minds of customers as a source of high quality and reliable packaging dispensers and closures. 12. Today, the trade name and the trademark RIEKE PACKAGING SYSTEMS has become associated in the minds of purchasers with Plaintiff as one of the largest and most reputable manufacturers and distributors of high quality and reliable packaging dispensers and closures in the world. 13. Both Plaintiff and Plaintiffs products have proudly and continuously borne the name RIEKE PACKAGING SYSTEMS. Plaintiffs products have been sold throughout the United States and the world under the mark RIEKE PACKAGING case 1:14-cv-00241-PPS-RBC document 1 filed 08/07/14 page 3 of 9 4 SYSTEMS. This trademark has been registered upon the Principal Register of the United States Patent and Trademark Office as United States Registration No. 2742836 issued July 29, 2003 (RIEKE PACKAGING SYSTEMS). A copy of the registration is annexed as EXHIBIT B. 14. On information and belief, Defendant has been manufacturing and selling packaging components since its organization in 2012 and has been selling such packaging components within this district, within the state of Indiana, and throughout the United States. 15. Typical of the products Defendant has sold under the RIEKES PACKAGING CORPORATION name are glass bottles, plastic bottles, plastic closures, caps, metal closures, dispensing closures and systems, tubes and the like. A copy of Defendants website advertising the Defendants packaging and packaging components is appended as EXHIBIT C. 16. On information and belief, Defendant did not engage in the manufacture and sale of packaging and packaging components under the trade name or the trademark RIEKES PACKAGING CORPORATION prior to 2012. 17. The use by Defendant of the RIEKES PACKAGING CORPORATION trade name or trademark with or on its products is likely to cause confusion or mistake or deception on the part of persons as to an affiliation, connection, or association between Plaintiff and Defendant as to the source or origin of Defendants goods. 18. Purchasers are likely to purchase goods from Defendant, possibly bearing the RIEKES PACKAGING CORPORATION name, believing they are Plaintiffs, and case 1:14-cv-00241-PPS-RBC document 1 filed 08/07/14 page 4 of 9 5 thereby resulting in a loss of sales to the Plaintiff. 19. Defendants actions are further likely to cause confusion, mistake, or deception as to the origin, sponsorship, or approval of Defendants products and commercial activities. Count ITrademark Infringement under the Lanham Act 20. Plaintiff adopts by references paragraphs 1-19. 21. Defendants acts violate Section 32 of the Lanham Act, 15 U.S.C. 1114. Defendants use of the RIEKES PACKAGING CORPORATION business name and the offering of packaging and packaging components under that name violate Riekes rights in the federally registered RIEKE PACKAGING SYSTEMS trademark. Defendants use of the RIEKES PACKAGING CORPORATION name is largely identical to Riekes federally registered RIEKE PACKAGING SYSTEMS trademark, and Defendant is using the infringing RIEKES PACKAGING CORPORATION name in conjunction with products that are competitive, similar, or related to goods Plaintiff is offering under the RIEKE PACKAGING SYSTEMS mark. 22. Plaintiff has been injured and will continue to be injured by Defendants violations. Rieke Corporation has suffered and will continue to suffer irreparable harm unless this Court enjoins Defendants actions. Rieke Corporation has no adequate remedy at law. 23. Defendants violations of Plaintiffs trademark rights were knowing, deliberate, and intentional. Accordingly, Rieke Corporation is entitled to a recovery of case 1:14-cv-00241-PPS-RBC document 1 filed 08/07/14 page 5 of 9 6 enhanced damages and attorneys fees. Count IIUnfair Competition under Section 43(a) of the Lanham Act 24. Plaintiff adopts by references paragraphs 1-19 25. Defendants acts violate Section 43(a)(1)(A) of the Lanham Act, 15 U.S.C. 1125(a)(1)(A). Defendant use the RIEKES PACKAGING CORPORATION business name and offering packaging and packaging components under that name violates Rieke Corporations rights in the name and the mark RIEKE PACKAGING SYSTEMS and is likely to cause confusion, mistake, or deception as to the affiliation, connection, or association of Defendant and its products, services, and commercial activities with Rieke Corporation and its products, services, and commercial activities. 26. Plaintiff has been injured and will continue to be injured by Defendants violations. Rieke Corporation has suffered and will continue to suffer irreparable harm unless this Court enjoins Defendants actions. Rieke Corporation has no adequate remedy at law. 27. Defendants violations of Plaintiffs trademark rights were knowing, deliberate, and intentional. Accordingly, Rieke Corporation is entitled to a recovery of enhanced damages and attorneys fees. Count IIICommon Law Trademark Infringement and Unfair Competition 28. Plaintiff adopts by references paragraphs 1-27. 29. Defendants aforementioned actions, particularly Defendants use of RIEKES PACKAGING CORPORATION as a business name, constitute trademark case 1:14-cv-00241-PPS-RBC document 1 filed 08/07/14 page 6 of 9 7 infringement and unfair competition in violation of the common law of Indiana. 30. Defendants aforementioned actions are likely to cause confusion, mistake and/or deception, including but not limited to confusion, mistake and/or deception regarding the source, origin, and/or affiliation of products promoted or sold by Defendant. 31. Defendants actions have caused and will continue to cause Rieke Corporation to suffer damages and irreparable injury to its reputation and goodwill. Rieke Corporation has been and will continue to be irreparably damaged unless and until this Court enjoins Defendants violations. Prayer for Relief Plaintiffs request the Court: (a) enter a permanent injunction enjoining Defendant, and any companies owned or controlled by Defendant, and the officers, agents, privies, shareholders, principals, directors, licensees, attorneys, employees, affiliates, subsidiaries, successors and assigns of any such companies, and all those persons in active concert or participation with them, from: i. using RIEKES PACKAGING CORPORATION as a business name or from using any form of RIEKES PACKAGING CORPORATION as part of Defendants business name; ii. using the RIEKES PACKAGING CORPORATION name in connection with any sale, offer, promotion, distribution, advertising, of any packaging components or packaging services, or from engaging in any other commercial case 1:14-cv-00241-PPS-RBC document 1 filed 08/07/14 page 7 of 9 8 activities using the RIEKES PACKAGING CORPORATION name in connection with packaging products or services; iii. using any representation of the RIEKES PACKAGING CORPORATION name that could, or would be likely to, lead consumers, the public, or the trade to believe that Defendant or its products is sponsored by, associated with, authorized by, endorsed by, or otherwise connected with Rieke Corporation; iv. engaging in any other activity constituting unfair competition with Rieke Corporation, or constituting an infringement of Rieke Corporations RIEKE PACKAGING SYSTEMS trademark; and v. instructing, assisting, aiding, or abetting any other person or business entity in engaging or performing any of the activities referenced in the above subparagraphs or taking any action that contributes to any of the activities referenced in the above subparagraphs. (b) direct the Defendant, at its own expense, to immediately recall its entire inventory of products, advertisements, promotions, and any other materials bearing the RIEKES PACKAGING CORPORATION business name that were distributed to any third party; (c) direct such other relief as the Court may deem appropriate to prevent any confusion, mistake, or deception as the origin, sponsorship, or approval of Defendants products and commercial activities; to prevent the public from being deceived as to the relationship between Defendant and Rieke Corporation; and to case 1:14-cv-00241-PPS-RBC document 1 filed 08/07/14 page 8 of 9 9 prevent Defendant from misappropriating the reputation and goodwill of Rieke Corporation and Rieke Corporations RIEKE PACKAGING SYSTEMS trademarks and products; (d) declare that Defendants use of the RIEKES PACKAGING CORPORATION business name, and use of the RIEKES PACKAGING CORPORATION name in connection with the sale of packaging products and components, constitutes trademark infringement under Sections 32 and 43(a) of the Lanham Act; and constitutes a violation of the common law of the state of Indiana; (e) direct that Defendant cancels, amends or otherwise modifies any applications Defendant has filed seeking registration of a trademark containing the RIEKES PACKAGING CORPORATION name; and (f) award Rieke Corporation any monetary damages incurred due to Defendants actions, and award Rieke Corporation all costs, disbursements, and attorneys fees incurred in this matter. Jury Demand Plaintiff demands a jury trial.
Dated: August 7, 2014 s/ Kurt N. Jones_________________ Kurt N. Jones Woodard, Emhardt, Moriarty, McNett & Henry LLP 111 Monument Circle, Suite 3700 Indianapolis, IN 46204 Phone: (317) 634-3456 Fax: (317) 637-7561 Email: kjones@uspatent.com
#1073385v1 Attorneys for Rieke Corporation case 1:14-cv-00241-PPS-RBC document 1 filed 08/07/14 page 9 of 9