Hunter Fan Co. v. Minka Lighting - Complaint

Case 2:15-cv-02306-JPM-tmp Document 1 Filed 05/11/15 Page 1 of 16
PageID 1
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
HUNTER FAN COMPANY,
)
)
)
)
)
)
)
)
)
)
)
Plaintiff,
v.
MINKA LIGHTING, INC.,
Defendant.
No. Civil Action No. 2:15-cv-2306
JURY TRIAL DEMANDED
COMPLAINT
COMES NOW Plaintiff Hunter Fan Company and for its Complaint against Defendant
Minka Lighting, Inc., states the following:
I.
1.
THE PARTIES
Plaintiff Hunter Fan Company (Hunter) is a corporation organized and existing
under the laws of the State of Delaware having its principal place of business located at 7130
Goodlett Farms Parkway, Suite 400, Memphis, TN 38016.
2.
Upon information and belief, Defendant Minka Lighting, Inc. (Minka), is a
corporation organized and existing under the laws of the State of California having its principal
place of business located at 1151 West Bradford Court, Corona, California 92882, and can be
served via its registered agent, John Tarazona, at 1151 West Bradford Court, Corona, California
92882.
II.
3.
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JURISDICTION AND VENUE
This is an action against Minka for trade dress infringement, false designation of
origin, and unfair competition arising under the Lanham Act, as amended, 15 U.S.C. 1114,
1125, and related state law claims.
4.
This Court has subject matter jurisdiction over this action under 15 U.S.C. 1121,
as it involves federal trademark law under the Lanham Act; under 28 U.S.C. 1338(a), as it is a
civil action arising under an Act of Congress relating to trademarks; under 28 U.S.C. 1338(b)
as it involves unfair competition related to a claim under trademark laws; under 28 U.S.C.
1331 as it involves a federal question; under 28 U.S.C. 1332 as the action is between citizens
of different states, and the amount in controversy in this action, exclusive of interest and costs,
exceeds the sum of $75,000.00; and under 28 U.S.C. 1367(a) for the claims that arise under
Tennessee law because they are substantially related to the claims that arise under the laws of the
United States. Furthermore, this Court has pendent jurisdiction because both the state and
federal claims are derived from a common nucleus of operative facts and considerations of
judicial economy dictate the state and federal issues be consolidated for a single trial.
5.
This Court has personal jurisdiction over Minka based upon Minkas offering to
sell and/or selling of goods and the transaction of business in the state of Tennessee and
sufficient minimum contacts with the state of Tennessee.
6.
Venue is proper in this District under 28 U.S.C. 1391.
III.
A.
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THE CONTROVERSY
Hunters STEALTH CEILING FAN Mark

7.
Since 1886, Hunter and/or its predecessors in interest have been and continue to
be engaged in the business of manufacturing and selling ceiling fans and lighting products,
among other products, throughout the United States.
8.
For over twenty-five years, Hunter and Casablanca Fan Company, now a division
of Hunter (collectively Hunter), have been marketing and selling a distinctive ceiling fan under
the brand name STEALTH.1 A depiction of the STEALTH ceiling fan is pictured below.
9.
The STEALTH ceiling fan incorporates distinctive trade dress elements,
comprising:
integrated low profile dome-shaped lighting;
overlapping fan blade ramps that appear to span the width of the fan blade
and flow down around a portion of the motor;
Hunter owns United States Trademark Registration, No. 1,638,283 for the mark STEALTH for
use with ceiling fans.
3
10.
PageID 4
off-centered fan blade positions having swept wing appearance; and
fan blade tips having a squared appearance and triangle decoration on one
of the corners of the fan blade tips.
On August 17, 2004, Hunter obtained from the U.S. Patent and Trademark Office
a federal trade dress registration for the trade dress related to its STEALTH ceiling fan, U.S.
Registration No. 2,873,298, for use with ceiling fans. Attached as Exhibit A is a true and correct
copy of Hunters federal trade dress registration related to the STEALTH ceiling fan, which
shows in solid lines the registered trade dress. A depiction of the registered trade dress is shown
below in solid lines:
11.
The trade dress elements described above and shown in solid lines in the
registration are collectively referred to hereinafter as Hunters STEALTH CEILING FAN

TRADE DRESS.
12.
The elements of the STEALTH CEILING FAN TRADE DRESS are not
necessary or essential for the function, use, or purpose of a ceiling fan, but are merely one
combination of many equally-feasible, efficient, and competitive alternatives and such
alternative designs are available for use by others and are in fact used by Hunters competitors.
See Declaration of John Pearson, a true and correct copy of which is attached hereto as Exhibit
B.
13.
None of the elements of the STEALTH CEILING FAN TRADE DRESS affect
the cost or quality of Hunters ceiling fans that incorporate the STEALTH CEILING FAN
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TRADE DRESS, nor does Hunter promote the STEALTH CEILING FAN TRADE DRESSs
utilitarian advantages through advertising.
14.
The STEALTH CEILING FAN TRADE DRESS did not result from a simple
or cheap method of manufacturing the product, but rather from the creative work of Hunters
designers.
15.
The STEALTH CEILING FAN TRADE DRESS is subsisting and incontestable
pursuant to 15 U.S.C. 1065.

16.
By virtue of the STEALTH CEILING FAN TRADE DRESSs incontestable
status, the distinctiveness of the trade dress is established.

17.
While there is not a utility patent related to the STEALTH CEILING FAN
TRADE DRESS, the fan design which incorporates the STEALTH CEILING FAN TRADE
DRESS was previously the subject of a design patent, U.S. Patent No. D323,028 (the 028
Patent).
18.
The 028 Patent is presumptive evidence of the non-functionality of the
STEALTH CEILING FAN TRADE DRESS.

19.
Hunter has been using the STEALTH CEILING FAN TRADE DRESS in a
prominent and distinctive manner in interstate commerce so as to distinguish the source of its
products from those of others, and has spent significant effort and sums of money in advertising
and otherwise promoting the sale of its ceiling fans including the STEALTH CEILING FAN
TRADE DRESS in the State of Tennessee, around the United States, and internationally. Hunter
has sold thousands of ceiling fans incorporating the STEALTH CEILING FAN TRADE
DRESS.
20.
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As a result of Hunters long and extensive use of the STEALTH CEILING FAN
TRADE DRESS, the large number of sales of products incorporating the STEALTH CEILING
FAN TRADE DRESS, and the large amount of money spent or foregone for advertising and
promotion of the services and products incorporating the STEALTH CEILING FAN TRADE
DRESS, the STEALTH CEILING FAN TRADE DRESS has become, through widespread and
favorable public acceptance and recognition, an exclusive asset of substantial value as a symbol
of Hunter, its quality of services and products, and its good will.
21.
Due to Hunters use and promotion, the trade and purchasing public have come to
know and recognize the STEALTH CEILING FAN TRADE DRESS as a designation
identifying Hunter as the source of a certain ceiling fan products.
Accordingly, Hunters
STEALTH CEILING FAN TRADE DRESS has developed and represents valuable goodwill
which rightfully belongs exclusively to Hunter.
B.
Minkas Infringing Activities

22.
Hunter and Minka are competitors in the ceiling fan market in the United States,
as Minka also sells ceiling fans and related products in the United States.
23.
Upon information and belief, in or around January 2015 and long after Hunter
first started using the STEALTH CEILING FAN TRADE DRESS, Minka began promoting at
a trade show in Dallas, Texas, a ceiling fan which infringes on Hunters STEALTH CEILING
FAN TRADE DRESS.
24.
Upon information and belief, since approximately April 2, 2015, Minka began
selling the infringing ceiling fan as the Raptor Ceiling Fan assigned product number F617ORB, according to Minkas website. Minkas infringing ceiling fan is hereinafter referred to as
the Accused Raptor Ceiling Fan. A true and correct depiction of Minkas website, located at
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www.minkagroup.net, displaying information regarding the Accused Raptor Ceiling Fan is

shown below and attached as Exhibit C hereto:
25.
Upon information and belief, since approximately April 15, 2015, Minka has also
been selling its Accused Raptor Ceiling Fan through at least one online wholesaler, Hansen
Wholesale. A true and correct copy of a screenshot of Hansen Wholesales website, located at
www.hansenwholesale.com, displaying information regarding the Accused Raptor Ceiling Fan is
shown below and attached as Exhibit D hereto:
26.
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Upon information and belief, Minka has been and continues to advertise and
promote its Accused Raptor Ceiling Fan throughout the United States.
27.
Minkas Accused Raptor Ceiling Fan infringes on Hunters STEALTH
CEILING FAN TRADE DRESS, as it is confusingly similar to Hunters well-known

STEALTH CEILING FAN TRADE DRESS in appearance.
28.
Minkas Accused Raptor Ceiling Fan travels in and is promoted through the same
channels of trade for sale to, and use by, the same class of purchasers for Hunters ceiling fans
incorporating Hunters STEALTH CEILING FAN TRADE DRESS.
29.
Minkas use of the STEALTH CEILING FAN TRADE DRESS, and variants
thereof, is likely to cause consumer confusion as to the source of Minkas ceiling fans or to cause
consumers to be mistaken or deceived as to the origin, affiliation, connection, or association of
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Minka with Hunter, or as to the sponsorship or approval of Minkas goods, services or

commercial activity by Hunter.
30.
Minka knew or should have known of Hunters prior use of its STEALTH
CEILING FAN TRADE DRESS in the ceiling fan industry before it marketed, advertised, and
produced its Accused Raptor Ceiling Fan which infringes on Hunters STEALTH CEILING
FAN TRADE DRESS.
COUNT I
INFRINGEMENT OF A FEDERALLY REGISTERED TRADE DRESS
31.
Hunter incorporates and realleges the foregoing paragraphs as if fully set forth
32.
Minka has infringed Hunters federally registered STEALTH CEILING FAN
herein.
TRADE DRESS in interstate commerce by various acts, including, without limitation,

promoting, and advertising the sale of ceiling fans, including its Accused Raptor Ceiling Fan,
incorporating Hunters STEALTH CEILING FAN TRADE DRESS and is confusingly similar
to Hunters federally registered STEALTH CEILING FAN TRADE DRESS.
33.
Minkas use of the STEALTH CEILING FAN TRADE DRESS for its Accused
Raptor Ceiling Fan is without Hunters permission or authority and is likely to cause confusion,
to cause mistake and/or to deceive the purchasing public.
34.
Minkas use of the STEALTH CEILING FAN TRADE DRESS has been made
notwithstanding Hunters well-known and prior established rights in its STEALTH CEILING
FAN TRADE DRESS with constructive notice of Hunters federal registration rights under 15
U.S.C. 1072.
35.
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Minkas conduct constitutes infringement of Hunters federally registered
STEALTH CEILING FAN TRADE DRESS in violation of Section 32 of the Lanham Act, 15
U.S.C. 1114.
36.
Minkas infringing activities have caused and, unless enjoined by this Court, will
continue to cause irreparable injury and other damage to Hunters business, reputation and good
will in its federally registered the STEALTH CEILING FAN TRADE DRESS, for which
Hunter has no adequate remedy at law.
COUNT II
UNFAIR COMPETITION
37.
38.
Minkas unauthorized use in commerce of the STEALTH CEILING FAN
herein.
TRADE DRESS as part of Minkas Accused Raptor Ceiling Fan, falsely designates the origin or
association of Minkas products with Hunter.
Such use will inevitably cause consumer
confusion or mistake and will deceive the consuming public into believing that there exists an
affiliation, connection or association between Minka and Hunter as to the origin, sponsorship, or
approval of Minkas products. Such conduct constitutes false designation of origin in violation
of Section 43(a) of the Trademark Act of 1946, as amended, 15 U.S.C. 1125.
39.
Minkas wrongful activities have caused, and unless enjoined by this Court, will
continue to cause irreparable injury and other damage to Hunters business, reputation, and good
will in Hunters STEALTH CEILING FAN TRADE DRESS, for which Hunter has no
adequate remedy at law.
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COUNT III
VIOLATION OF THE TENNESSEE CONSUMER PROTECTION ACT
40.
41.
This count arises under the Tennessee Consumer Protection Act, Tennessee Code
herein.
Annotated 47-18-101, et seq.

42.
Minkas adoption and use in Tennessee of Hunters STEALTH CEILING FAN
TRADE DRESS in connection with ceiling fans is likely to cause consumer confusion or mistake
as to the affiliation, connection or association of Minkas products and services with Hunter and
is likely to cause consumers to falsely believe that Minkas products and services originated with
or are sponsored by or are approved by Hunter.
43.
By adopting and using in connection with ceiling fans the STEALTH CEILING
FAN TRADE DRESS, Minka is falsely passing off its products and services as those of Hunter
and unfairly trading on the good will and reputation of Hunter.
44.
Minkas acts constitute unfair or deceptive practices in violation of the Tennessee
Consumer Protection Act, Tennessee Code Annotated 47-18-104.

45.
Minkas use of unfair and deceptive practices is willful and knowing, thus
entitling Hunter to treble damages and attorneys fees pursuant to Tennessee Code Annotated
47-18-109.
46.
Minkas actions have caused, and unless enjoined by this Court, will continue to
cause irreparable injury and other damage, for which Hunter has no adequate remedy at law.
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COUNT IV
TENNESSEE COMMON LAW TRADE DRESS INFRINGEMENT
47.
48.
Hunters STEALTH CEILING FAN TRADE DRESS is recognized by
herein.
Tennessee consumers and has become a valuable indicator of the source and origin of the ceiling
fans Hunter provides, which in turn contributes to Hunters success.
49.
Minkas Accused Raptor Ceiling Fan is confusingly similar to Hunters
STEALTH CEILING FAN TRADE DRESS, is likely to cause confusion, to cause mistake, or
to deceive consumers as to an affiliation, connection, or association of Minka with Hunter, as to
the origin of Minka and its products, or as to the sponsorship or approval of Minkas ceiling fans
by Hunter, in violation of Tennessee common law of trade dress infringement.
50.
As a direct and proximate cause of Minkas violation of Hunters trade dress
rights, Hunter has suffered and continues to suffer irreparable harm and damage to its business,
for which it has no adequate remedy at law.
51.
Minkas acts of trade dress infringement have caused Hunter damages, and
Hunter seeks preliminary and permanent injunctive relief, judgment against Minka for any and
all profits obtained as a result of Minkas trade dress infringement, for the damages sustained by
Hunter, and for all costs incurred by Hunter, as well as pre- and post-judgment interest.
COUNT V
TENNESSEE COMMON LAW UNFAIR COMPETITION
52.
53.
This count arises under the Tennessee common law of unfair competition.
herein.
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54.
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The adoption and use by Minka in Tennessee of Hunters STEALTH CEILING
FAN TRADE DRESS in connection with ceiling fans constitutes unlawful appropriation of
Hunters exclusive rights in and to its STEALTH CEILING FAN TRADE DRESS, and such
unauthorized use has caused and is causing damage and irreparable injury to Hunter.
55.
The foregoing acts by Minka constitute unfair competition and infringement of
Hunters common law rights for which Hunter has no adequate remedy at law.
PRAYER FOR RELIEF
WHEREFORE, Hunter requests a judgment as follows:
1.
That Minka, its officers, agents, servants, employees and attorneys, and those
persons in active concert or participation with Minka be preliminary and permanently enjoined
and restrained:
a.
from using the STEALTH CEILING FAN TRADE DRESS, or any

other designations or trade dress likely to cause confusion with Hunters
STEALTH CEILING FAN TRADE DRESS for ceiling fans and related
goods or services;
b.
from otherwise infringing upon Hunters rights in and to Hunters

STEALTH CEILING FAN TRADE DRESS and from otherwise
unfairly competing with Hunter in any manner whatsoever;
c.
from producing, advertising, promoting, offering for sale and selling

ceiling fans incorporating the STEALTH CEILING FAN TRADE
DRESS or any other trade dress likely to cause confusion with Hunters
STEALTH CEILING FAN TRADE DRESS.
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2.
PageID 14
That Minka be ordered to deliver up for destruction its ceiling fans, documents,
signs, forms, advertisements, business cards, labels, and other representations and means for
reproducing the same or any printed material displaying or bearing the STEALTH CEILING
FAN TRADE DRESS or any trade dress likely to cause confusion with Hunters STEALTH
CEILING FAN TRADE DRESS being used in connection with ceiling fans or any other related
products or services, and to obliterate, destroy or remove all other uses likely to cause confusion
with Hunters STEALTH CEILING FAN TRADE DRESS.
3.
That Minka be directed to file with the Court and serve on Hunter, no later than
thirty (30) days after the issuance of an injunction, a report in writing under oath setting forth in
detail the manner and form in which Minka has complied with the injunction.
4.
That the Court adjudge and decree that Minkas use of Hunters STEALTH
CEILING FAN TRADE DRESS is in violation of 15 U.S.C. 1114, serves to designate falsely
the origin of Minkas products, and constitutes unfair competition in violation of 15 U.S.C.
1125.
5.
That the Court adjudge and decree that any use by Minka of Hunters
STEALTH CEILING FAN TRADE DRESS in conjunction with ceiling fans or any other
related products or services, will inevitably cause confusion or mistake or deceive the consuming
public into believing that there exists an affiliation, connection or association between Minka and
Hunter as to the origin, sponsorship, or approval of Minkas products and would constitute false
designation of origin and unfair competition in violation of Section 43(a) of the Lanham Act of
1946, as amended, 15 U.S.C. 1125, and Tennessee law.
6.
That the Court require a full and complete accounting of all monies received by
Minka as a result of the wrongful offering for sale or sale of its Accused Raptor Ceiling Fan
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and/or any other ceiling fans which incorporate Hunters STEALTH CEILING FAN TRADE
DRESS, together with an order transferring to Hunter any amounts found to be due.
7.
That Hunter be awarded Minkas profits and/or Hunters damages from lost sales
after an accounting, and that such award be increased as permitted, including being trebled as
provided under 15 U.S.C. 1117 and Tenn. Code Ann. 47-18-109.
8.
That the Court declare this an exceptional case and award Hunter its reasonable
attorneys fees pursuant to 15 U.S.C. 1117(a) and reasonable attorneys fees pursuant to Tenn.
Code Ann. 47-18-109.
9.
That the Court award pre- and post-judgment interest on all monies found to be
due to Hunter from Minka, at the then prevailing or legal rate, whichever is greater, from the date
said amounts or any part thereof became or become due.
10.
That the Court require Minka to notify its commercial licensees, dealers,
associates, suppliers, and customers of said Court Order.

11.
That Hunter be awarded such other and further relief as this Court may deem just
and proper.
JURY DEMAND
Hunter hereby demands a trial by jury for all issues so triable.
Dated: May 11, 2015.
Respectfully submitted,
s/ Adam S. Baldridge
Grady M. Garrison (TN Bar. No. 8097)
Adam S. Baldridge (TN Bar No. 23488)
Nicholas L. Vescovo (TN Bar No. 30387)
BAKER, DONELSON, BEARMAN,
CALDWELL & BERKOWITZ, P.C.
165 Madison Avenue, Suite 2000
First Tennessee Building
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Memphis, Tennessee 38103

Telephone: (901) 577-2102
Facsimile: (901) 577-0838
Email: abaldridge@bakerdonelson.com
Attorneys for Plaintiff Hunter Fan Company
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EXHIBIT B
(Part 1 of 3)
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EXHIBIT B
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EXHIBIT B
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EXHIBIT C
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EXHIBIT D
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Hunter Fan Co. v. Minka Lighting - Complaint

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Hunter Fan Co. v. Minka Lighting - Complaint

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Case 2:15-cv-02306-JPM-tmp Document 1 Filed 05/11/15 Page 1 of 16

IN THE UNITED STATES DISTRICT COURT

No. Civil Action No. 2:15-cv-2306

JURY TRIAL DEMANDED

Plaintiff Hunter Fan Company (Hunter) is a corporation organized and existing

Upon information and belief, Defendant Minka Lighting, Inc. (Minka), is a

Case 2:15-cv-02306-JPM-tmp Document 1 Filed 05/11/15 Page 2 of 16

JURISDICTION AND VENUE

Venue is proper in this District under 28 U.S.C. 1391.

Case 2:15-cv-02306-JPM-tmp Document 1 Filed 05/11/15 Page 3 of 16

Hunters STEALTH CEILING FAN Mark

The STEALTH ceiling fan incorporates distinctive trade dress elements,

integrated low profile dome-shaped lighting;

Case 2:15-cv-02306-JPM-tmp Document 1 Filed 05/11/15 Page 4 of 16

off-centered fan blade positions having swept wing appearance; and

registration are collectively referred to hereinafter as Hunters STEALTH CEILING FAN

Case 2:15-cv-02306-JPM-tmp Document 1 Filed 05/11/15 Page 5 of 16

The STEALTH CEILING FAN TRADE DRESS is subsisting and incontestable

pursuant to 15 U.S.C. 1065.

By virtue of the STEALTH CEILING FAN TRADE DRESSs incontestable

status, the distinctiveness of the trade dress is established.

The 028 Patent is presumptive evidence of the non-functionality of the

STEALTH CEILING FAN TRADE DRESS.

Case 2:15-cv-02306-JPM-tmp Document 1 Filed 05/11/15 Page 6 of 16

Minkas Infringing Activities

Case 2:15-cv-02306-JPM-tmp Document 1 Filed 05/11/15 Page 7 of 16

www.minkagroup.net, displaying information regarding the Accused Raptor Ceiling Fan is

Case 2:15-cv-02306-JPM-tmp Document 1 Filed 05/11/15 Page 8 of 16

Minkas Accused Raptor Ceiling Fan infringes on Hunters STEALTH

CEILING FAN TRADE DRESS, as it is confusingly similar to Hunters well-known

Case 2:15-cv-02306-JPM-tmp Document 1 Filed 05/11/15 Page 9 of 16

Minka with Hunter, or as to the sponsorship or approval of Minkas goods, services or

Minka has infringed Hunters federally registered STEALTH CEILING FAN

TRADE DRESS in interstate commerce by various acts, including, without limitation,

Case 2:15-cv-02306-JPM-tmp Document 1 Filed 05/11/15 Page 10 of 16

Minkas conduct constitutes infringement of Hunters federally registered

Minkas unauthorized use in commerce of the STEALTH CEILING FAN

Such use will inevitably cause consumer

Case 2:15-cv-02306-JPM-tmp Document 1 Filed 05/11/15 Page 11 of 16

Annotated 47-18-101, et seq.

Minkas adoption and use in Tennessee of Hunters STEALTH CEILING FAN

Minkas acts constitute unfair or deceptive practices in violation of the Tennessee

Consumer Protection Act, Tennessee Code Annotated 47-18-104.

Case 2:15-cv-02306-JPM-tmp Document 1 Filed 05/11/15 Page 12 of 16

Hunters STEALTH CEILING FAN TRADE DRESS is recognized by

Minkas Accused Raptor Ceiling Fan is confusingly similar to Hunters

As a direct and proximate cause of Minkas violation of Hunters trade dress

Case 2:15-cv-02306-JPM-tmp Document 1 Filed 05/11/15 Page 13 of 16

The adoption and use by Minka in Tennessee of Hunters STEALTH CEILING

The foregoing acts by Minka constitute unfair competition and infringement of

from using the STEALTH CEILING FAN TRADE DRESS, or any

from otherwise infringing upon Hunters rights in and to Hunters

from producing, advertising, promoting, offering for sale and selling

Case 2:15-cv-02306-JPM-tmp Document 1 Filed 05/11/15 Page 14 of 16

Case 2:15-cv-02306-JPM-tmp Document 1 Filed 05/11/15 Page 15 of 16

associates, suppliers, and customers of said Court Order.

Case 2:15-cv-02306-JPM-tmp Document 1 Filed 05/11/15 Page 16 of 16

Memphis, Tennessee 38103

Case 2:15-cv-02306-JPM-tmp Document 1-1 Filed 05/11/15 Page 1 of 2

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