USDC IN/ND case 3:21-cv-00645 document 1 filed 08/31/21 page 1 of 16

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION

FOREST RIVER, INC, )

900 County Road 1 North ) Civil Action No.: 3:21-cv-645
Elkhart, Indiana 46514 )
) Judge:
Plaintiff, )
v. ) JURY DEMAND ENDORSED HEREON
)
INTECH TRAILERS, INC., )
c/o Dustin Lannan, Registered Agent )
1940 West Market Street )
Nappanee, Indiana 46550 )
)
Defendant. )

COMPLAINT

Plaintiff Forest River, Inc. (“Forest River”) states the following for its causes of action

against Defendant inTech Trailers, Inc. (“inTech”):

NATURE OF THE ACTION

1. This lawsuit is a trademark infringement action for injunctive relief, damages,

costs, attorneys’ fees, and any other appropriate relief arising out of inTech’s knowing and

intentional infringement of Forest River’s DELLA TERRA trademark and its mountain design

trademark, (the “Forest River Mountain Design”) (Forest River Mountain Design and

DELLA TERRA collectively, the “Forest River Marks”) under the Lanham Act, the Indiana

Trademark Act, and the common law of the State of Indiana.

2. Forest River is an industry leader in the manufacturing of recreational vehicles

(“RVs”), cargo trailers, utility trailers, pontoon boats, and buses, among many other products. Over

the years, Forest River has built a significant amount of goodwill throughout the RV industry and
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has amassed a loyal customer base in the United States and Canada due to its innovative, high-

quality products and excellent customer service.

3. Forest River began using the Forest River Marks to brand, promote, advertise,

market, and sell a new line of its RVs (the “DELLA TERRA RVs”) through East to West, one of

its unincorporated divisions. Forest River has extensively promoted, advertised, marketed, and

sold a significant number of DELLA TERRA RVs under the Forest River Marks. As a result, the

Forest River Marks are distinctive and well recognized at common law throughout the industry

and with consumers in the United States and Canada. The Forest River Marks are the subject of

United States Trademark Application Serial Nos. 90881645 and 90482272.

4. inTech is one of Forest River’s competitors in the United States and Canadian

markets, having its principal offices only thirty minutes from Forest River’s offices in Elkhart,

Indiana. inTech is knowledgeable of Forest River’s RV product lines and trademarks and, in fact,

certain of its leadership have past connections with Forest River. Starting in November 2020,

inTech began a campaign to sell a new line of RVs by confusing consumers into believing its new

RVs are DELLA TERRA RVs. inTech has branded this new line “Terra”—confusingly similar to

DELLA TERRA—and also brands it with a new mountain design similar to Forest River’s RVs.

Using “terra” and the mountain design by themselves, in combination with each other, and even

in combination with a third mark that Forest River had used in the past—OASIS—inTech is

trading off the goodwill that Forest River has built in the Forest River Marks.

5. inTech’s use of “Terra” is infringing Forest River’s trademark rights in DELLA

TERRA. inTech’s use of its new mountain design is infringing Forest River’s trademark rights in

the Forest River Mountain Design. inTech’s use of “Terra” and its new mountain design combined

in composite marks is infringing composite marks comprising the Forest River Marks. All of

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inTech’s infringements are causing confusion in the RV industry and consumers in violation of

the Lanham Act, Indiana state law, and common law, entitling Forest River to the relief sought in

this Complaint.

PARTIES, JURISDICTION, AND VENUE

6. Forest River is an Indiana corporation with its principal place of business in

Elkhart, Indiana.

7. inTech is an Indiana corporation with its principal place of business in Nappanee,

Indiana.

8. This Court has subject matter jurisdiction over this case and controversy under 28

U.S.C. §§ 1331 and 1338 because the action arises under the federal Lanham Act, 15 U.S.C.

§ 1051, et seq.

9. This Court has supplemental jurisdiction to hear the state statutory and common

law claims pursuant to 28 U.S.C. § 1367(a). Those claims are so related to the Lanham Act claim

that they form part of the same case or controversy under Article III of the United States

Constitution and, moreover, are derived from a common nucleus of operative facts.

10. This Court has personal jurisdiction over inTech because inTech resides in the State

of Indiana, is incorporated in Indiana, conducts substantial business within Indiana, and the actions

giving rise to this Complaint caused harm to an Indiana-based business.

11. Venue is proper in this Court because both Forest River and inTech reside within

this judicial district and division. Substantial part of the events or omissions giving rise to the

claims asserted in this Complaint occurred within this judicial district and division, including the

manufacture and promotion of inTech’s infringing goods.

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FACTUAL BACKGROUND

Forest River’s Use of the DELLA TERRA and Forest River Mountain Design Marks

12. Forest River was founded in 1996 with the vision to help customers better enjoy

the outdoors by designing RVs meeting their needs. Over the last three decades, this vision has

become a reality and Forest River is now one of the largest manufacturers of RVs throughout North

America, producing a wide range of high-quality RVs, cargo trailers, utility trailers, pontoon boats,

buses and other products. Forest River showcases and sells its RVs and other products throughout

the United States and internationally.

13. Forest River’s name, brands, and trademarks—including the Forest River Marks—

have developed significant goodwill and commercial value as a result of Forest River’s promotion,

advertising, and marketing and high volume of sales of its products. This has, in turn, resulted in

the public’s widespread knowledge of Forest River’s high-quality RVs and other products.

14. Since at least as early as March 2018, Forest River began selling the DELLA

TERRA RVs through East to West, one of its newer and highly successful unincorporated

subdivisions. Forest River began promoting, advertising, marketing, and taking orders for the

DELLA TERRA RVs, branding them under the DELLA TERRA mark in plain text, in stylized

font, and in combination with some of its other marks, including the Forest River Mountain

Design:

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15. By way of one early example of Forest River’s promotion of the DELLA TERRA

RVs, on or around August 2, 2018, Forest River posted a YouTube video promoting the DELLA

TERRA line, which received over 11,000 views. See Forest River, Inc., 2019 East To West RV

Della Terra Travel Trailer, YOUTUBE (Aug. 2, 2018),

https://www.youtube.com/watch?v=LHG2qnwn13Q.

16. On or around September 24, 2018, Forest River featured the DELLA TERRA RVs

at the Elkhart RV Dealer Open House, one of the largest and key trade shows within the RV

industry. This trade show attracts dealers, customers, and RV enthusiasts from across the United

States. Upon information and belief, inTech representatives were also in attendance at, and

participated in, this trade show.

17. Throughout 2018, Forest River continued to promote and advertise RV lines using

the DELLA TERRA mark in the above ways, along with other third-party media platforms and

dealers in the RV industry. By way of a few more examples in 2018: Andy Thompson, Della Terra

Travel Trailer Review: Just Arrived & Ready to Go, FUNTOWNRV (Oct. 25, 2018),

https://www.funtownrv.com/blog/della-terra-travel-trailer-review-just-arrived-ready-to-go/; and

Valerie Law, Hot off the Line: East to West Della Terra, TRAILERLIFE (Oct. 22, 2018),

https://www.trailerlife.com/rv-gear/rvs/hot-off-the-line/.

18. At least as early as March 2018 to the present, Forest River has expended

substantial time and money, in excess of $100,000, and additional resources to market, advertise,

and promote the DELLA TERRA RVs, including through online advertising, social media posts,

magazines, trade shows, and other media and publishing outlets.

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19. As a result, Forest River has had significant sales of its DELLA TERRA RVs. Since

at least as early as March 2018 to the present, Forest River has had sales of DELLA TERRA RVs

well into the eight figures, annually.

20. Since at least as early as March 2018 , RV dealers have sold Forest River’s DELLA

TERRA RVs throughout the United States and internationally, including those in Alabama,

Arkansas, California, Colorado, Connecticut, Florida, Georgia, Idaho, Illinois, Indiana, Iowa,

Kentucky, Louisiana, Maine, Maryland, Michigan, Mississippi, Missouri, Montana, Nebraska,

New Jersey, North Carolina, North Dakota, Ohio, South Carolina, Tennessee, Texas, Utah,

Virginia, Washington, Wisconsin, and Wyoming.

21. Since at least as early as April 2018, Forest River has also used the Forest River

Mountain Design in connection with the sale, promotion, and advertisement of all, or substantially

all, of its other RV brands sold through its East to West subdivision.

22. Forest River has attained significant and valuable goodwill in the Forest River

Marks through the quality and nature of the DELLA TERRA RVs as well as its other products

sold under the Forest River Mountain Design, and through its extensive sales, promoting,

advertising, and marketing under the Forest River Marks, across the United States and

internationally.

23. The Forest River Marks are distinctive to both the consuming public and to those

in the RV industry. Consumers understand that the DELLA TERRA RVs and other products sold

under the Forest River Marks originate from Forest River. The Forest River Marks have come to

signify the high quality of the DELLA TERRA RVs and Forest River products more generally,

and have acquired incalculable distinction, reputation, and goodwill belonging exclusively to

Forest River.

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24. Forest River owns distinctive, valid, and subsisting nationwide common law rights

to the Forest River Marks as a result of its widespread and continuous use of the Forest River

Marks.

25. Additionally, Forest River’s DELLA TERRA mark has been registered in the State

of Indiana, Reg. No. 2021000026640. A true and accurate copy of the Certificate of Registration

is attached hereto as Exhibit A. Forest River applied for registration of DELLA TERRA on the

United States Patent and Trademark Office’s (USPTO) principal register, Serial No. 90881645.

26. The Forest River Mountain Design has also been registered in the State of Indiana,

Reg. No. 2021000026648. A true and accurate copy of the Certificate of Registration is attached

hereto as Exhibit B. Forest River applied for registration of the Forest River Mountain Design on

the USPTO’s principal register, Serial No. 90482272.

inTech’s Infringing Use of TERRA

27. inTech is one of Forest River’s direct competitors in the recreational vehicle

industry.

28. inTech has had actual knowledge of Forest River’s use of the Forest River Marks

as a result of Forest River’s far-reaching promotional, advertising, and marketing campaign of the

DELLA TERRA RVs, through its attendance at the same trade shows as Forest River, through the

general availability of this information in the public space and online, as well as through written

notice of its infringements.

29. inTech began using the word “Terra” to brand its own new line of RVs in or around

November 2020, despite its actual knowledge of Forest River’s first use of the Forest River Marks

in connection with the DELLA TERRA RVs.

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30. inTech’s use of “terra” in stylized font strikingly similar to Forest River’s DELLA

TERRA mark:

Forest River’s Use inTech’s Use

31. inTech’s ongoing use of the word “Terra” conveys a confusingly similar

connotation and produces the same mental impression in consumers as DELLA TERRA, whether

used in plain font, stylized font, or as part of composite marks with other graphics and logos.

32. inTech also began using a mountain design to brand its RVs as part of its new

“Terra” promotional and advertising campaign (the “Terra Campaign”). Prior to November 2020,

inTech had used a different mountain design that had included forestry at the mountain’s base but

changed its design to coincide with, and as a part of, the Terra Campaign.

33. inTech’s new mountain design is confusingly similar to the Forest River Mountain

Design, just as inTech’s use of “Terra” is confusingly similar to the DELLA TERRA Mark:

Forest River’s Use inTech’s Use

34. A comparison of the outlines of the parties’ respective mountain designs further

illustrates the similar visual impression made upon consumers:

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The Forest River Mountain Design inTech’s Mountain Design

35. inTech’s use of its mountain design conveys a similar general connotation and

produces the same mental impression as the Forest River Mountain Design to consumers.

36. inTech even began using a mark that Forest River had used to brand its RVs—

OASIS—in its Terra Campaign in order to further confuse consumers into initially believing that

its RVs are DELLA TERRA RVs:

37. inTech and Forest River operate within the exact same industry and use their

respective marks to market, advertise, and promote the exact same category of goods—RVs.

38. inTech and Forest River market, advertise, and promote their products through

many of the same media outlets, including in some of the same RV magazines, e.g., RV PRO and

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RVBusiness, and at several of the same trade shows, e.g., the Florida RV Supershow in Tampa,

Florida and America’s Largest RV Show in Hershey, Pennsylvania.

39. inTech and Forest River’s travel trailers are even sold through some of the same

RV dealers, including but not limited to, Bankston Motorhomes in Alabama, Leo’s Vacation

Center in Maryland, and Lloyd Bridges Traveland in Michigan.

40. inTech’s Terra Campaign—the use of the confusingly similar word “Terra,”

inTech’s re-designed and confusingly similar mountain design, and the use of an old Forest River

mark, OASIS—along with its knowledge of Forest River’s RV lines, demonstrates inTech’s

intentional, willful, and knowing campaign to create initial interest confusion, to come as close to

the Forest River Marks as possible, and to trade off of Forest River’s goodwill in those marks.

inTech will continue its infringing conduct unless otherwise restrained, causing Forest River both

irreparable and incalculable injury to its goodwill for which it has no adequate remedy of law, as

well as substantial monetary damages.

41. Forest River sent several letters notifying inTech of its infringing activities,

beginning in December 2020. inTech continues to infringe the Forest River Marks notwithstanding

receipt of these letters, further demonstrating on-going intentional infringing activity.

COUNT I
Trademark Infringement under the Lanham Act, 15 U.S.C. § 1125(a)(1)(A)

42. Forest River incorporates by reference and re-alleges the allegations contained in

the foregoing paragraphs as if fully and separately set forth in this section of the Complaint.

43. Forest River has valid, protectable, and nationwide common law rights in DELLA

TERRA, the Forest River Mountain Design, and the use of those two marks together in a composite

mark.

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44. inTech’s infringing uses of (i) “Terra;” (ii) its new mountain design; and/or, (iii)

the combination of those two marks in a composite mark with the Terra Campaign and in

connection with the sale of inTech RVs are likely to cause consumers to become confused or

deceived into believing and to mistake Forest River as the origin of source of inTech’s RVs or a

sponsorship by or affiliation with Forest River, when such is untrue.

45. inTech’s use of marks that are confusingly similar to the Forest River Marks, by

themselves or in combination, is in violation of Section 43(a) of the Lanham Act, 15 U.S.C.

§ 1125(a).

46. Forest River has suffered incalculable injury to its reputation and goodwill for

which it has no adequate remedy at law and has suffered monetary damages.

47. inTech has unlawfully derived income and profits as a result of its infringing

activities.

48. inTech’s conduct caused and will continue to cause substantial injury to the public

and to Forest River, entitling Forest River to recover inTech’s profits, its actual damages, treble

damages, costs of this litigation, and reasonable attorneys’ fees associated with this litigation

pursuant to 15 U.S.C. §1117. This case is “exceptional” under that section of the Lanham Act in

light of inTech’s willful and intentional infringing activities.

49. A permanent injunction is necessary to prevent inTech from further interference

with the Forest River Marks and to prevent the public from being confused or deceived into

believing—and into mistaking—Forest River as the origin of source of inTech’s RVs, or believing

that inTech’s RVs are authorized by, endorsed by, sponsored by, or have an affiliation with Forest

River, when such nature is untrue.

50. Forest River has no adequate remedy at law.

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COUNT II
Trademark Infringement under Indiana Code § 24-2-1-13

51. Forest River incorporates by reference and re-alleges the allegations contained in

the foregoing paragraphs as if fully and separately set forth in this section of the Complaint.

52. inTech’s infringing uses of (i) “Terra,” (ii) its new mountain design; and (iii) a

combination of those two marks in a composite mark in connection with its sale, offering for sale,

distribution, and advertising of its “Terra” RVs through its Terra Campaign are a reproduction,

copy, and colorable imitation of the Indiana-registered Forest River Marks and are being done

without Forest River’s consent.

53. inTech’s infringing uses of (i) “Terra;” (ii) its new mountain design; and (iii) a

combination of those two marks in a composite mark are likely to cause consumers to mistake or

to be confused or deceived into believing that Forest River is the source of inTech’s RVs, when

such is untrue.

54. inTech’s infringing activities are in violation of Indiana Code § 24-2-1-13. Forest

River has suffered incalculable injury to its reputation and goodwill for which it has no adequate

remedy at law, has suffered monetary damages, and inTech has unlawfully derived income and

profits from its infringing activities.

55. inTech’s intentional and willful conduct has caused and will continue to cause

substantial injury to the public and to Forest River, entitling Forest River to permanent injunctive

relief and to recover inTech’s profits, actual damages, treble damages, costs, and reasonable

attorneys’ fees associated with this lawsuit.

56. A permanent injunction is necessary to prevent inTech from further interference

with Forest River’s trademark rights.

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COUNT III
Common Law Unfair Competition

57. Forest River incorporates by reference and re-alleges the allegations contained in

the foregoing paragraphs as if fully and separately set forth in this section of the Complaint.

58. Forest River owns all rights, title, and interests in and to the Forest River Marks,

including but not limited to, all common law rights, due to Forest River’s first use of those marks

in this District and across the United States.

59. inTech’s infringing uses of (i) “Terra,” (ii) its new mountain design, and (iii) the

combination of those two marks are deceiving consumers into believing that Forest River is the

origin and source of inTech’s RVs and that these RVs and inTech are affiliated and sponsored by

Forest River, when such is untrue.

60. inTech has reaped the benefit of consumer association of inTech, its marks, and its

“Terra” RVs with Forest River, the Forest River Marks, and the DELLA TERRA RVs without

paying Forest River for that benefit.

61. By reason of its infringing acts, inTech has committed unfair competition under

common law.

62. inTech’s unfair competition was done willfully and with knowledge of Forest

River’s rights and the consumer confusion that would occur as a result of its infringing actions.

63. inTech’s conduct is causing immediate and irreparable harm and injury to Forest

River and to its goodwill and reputation, for which it has no adequate remedy at law, and will

continue to harm Forest River and confuse the public unless enjoined by this Court.

64. Forest River is entitled to, among other relief, injunctive relief and an award of

actual damages, inTech’s profits, enhanced damages and profits, reasonable attorneys’ fees, and

costs of the action under common law, together with pre-judgment and post-judgment interest.

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65. A permanent injunction is necessary to prevent inTech from further interference

with Forest River’s trademark rights.

WHEREFORE, Forest River respectfully requests that this Court enter judgment in its

favor and against inTech on Counts I–III and the following relief:

A. Actual damages in an amount to be determined at trial;

B. inTech’s profits from its sale of the “Terra” RVs and use of its infringing mountain

design;

C. Damages in the amount of corrective advertising costs;

D. Treble and/or punitive damages against inTech based upon its intentional, willful,

knowing, and exceptional infringement;

E. Statutory damages;

F. Costs and reasonable attorneys’ fees in this action as authorized under applicable

laws, including but not limited to, 15 U.S.C. §1117;

G. Pre- and post-judgment interest at the maximum legal rate and costs;

H. Permanently enjoining inTech, and its predecessors, successors, divisions,

subsidiaries, or joint ventures thereof, together with any and all parent or affiliated companies,

distributors, or corporations, and all officers, directors, employees, agents, attorneys,

representatives, those acting in privity or concert with them, or on their behalf from:

i. Displaying, copying, distributing, promoting, offering, disseminating, selling,

or manufacturing any products, documents, or other materials using (i) “Terra”;

(ii) inTech’s mountain design; (iii) a combination of “Terra” and its mountain

design; and (iv) any other mark that is confusingly similar to the Forest River

Marks in connection with the sale of RVs.

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ii. Causing the display, copy, distribution, promotion, and dissemination of any

materials online using any and all of (i) “Terra”; (ii) inTech’s mountain design;

(iii) a combination of “Terra” and its mountain design; and (iv) any other mark

that is confusingly similar to the Forest River Marks in connection with the sale

of RVs.

iii. Use, online and otherwise, of the Forest River Marks.

I. Directing that inTech recall and deliver up for destruction all goods, packaging,

advertisements, promotions, signs, displays, and related materials incorporating or bearing: (i)

“Terra”; (ii) its mountain design; (iii) a combination of those marks; and/or (iv) any other marks

that are a counterfeit, copy, confusingly similar variation, or colorable imitation of the Forest River

Marks;

J. Directing inTech to provide an accounting of all RVs and other products ever sold

incorporating or bearing: (i) “Terra”; (ii) its mountain design; (iii) a combination of those marks;

or (iv) any other marks that are a counterfeit, copy, confusingly similar variation, or colorable

imitation of the Forest River Marks, including products:

i. Currently in inTech’s inventory;

ii. Sold by inTech;

iii. Taken into inventory by inTech; and

iv. Ordered by or on behalf of inTech, including units for which a purchase order

has been submitted, which are currently being loaded for shipment, or which

are current en route for delivery, including listing all lot or serial numbers of

said produces as applicable; and,

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K. Granting Forest River other relief that may be just and warranted under the

circumstances.

JURY TRIAL DEMAND

Forest River hereby demands a trial by jury to the extent authorized by law.

Respectfully submitted,

/s/ Philip R. Bautista

Philip R. Bautista (Ohio Bar No. 0073272)
pbautista@taftlaw.com
JoZeff W. Gebolys (Ohio Bar No.0093507)
(pro hac vice forthcoming)
jgebolys@taftlaw.com
TAFT STETTINIUS & HOLLISTER LLP
200 Public Square, Suite 3500
Cleveland, Ohio 44114
Phone: (216) 241-2838
Fax: (216) 241-3707

Tracy N. Betz (Indiana Atty. No. 24800-53)

tbetz@taftlaw.com
TAFT STETTINIUS & HOLLISTER LLP
One Indiana Square, Suite 3500
Indianapolis, Indiana 46204
Phone: (317) 713-3544
Fax: (317) 715-4535

Stephanie A. Kortokrax (Ohio Bar No. 0096716)

(pro hac vice forthcoming)
skortokrax@taftlaw.com
TAFT STETTINIUS & HOLLISTER LLP
65 East State Street, Suite 1000
Columbus, Ohio 43215
Phone: (614) 221-2838
Fax: (614) 221-2007

Counsel for Plaintiff, Forest River, Inc.

70896876

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