Case: 2:18-Cv-01816-JLG-EPD Doc #: 1-3 Filed: 12/31/18 Page: 1 of 39 PAGEID #: 51
Case: 2:18-cv-01816-JLG-EPD Doc #: 1-3 Filed: 12/31/18 Page: 1 of 39 PAGEID #: 51 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Civil Action No.: _________ Coulter Ventures, LLC, d/b/a Rogue Fitness Judge: __________________ Plaintiff, Magistrate Judge: _________ v. COMPLAINT FOR MONETARY AND INJUNCTIVE RELIEF FOR: Titan Manufacturing and Distributing, Inc., d/b/a Titan Fitness, TRADEMARK INFRINGEMENT IN VIOLATION OF 15 U.S.C. § 1125(a); Defendant. TRADE DRESS INFRINGEMENT IN VIOLATION OF 15 U.S.C. § 1125(a); UNFAIR COMPETITION AND FALSE DESIGNATION OF ORIGIN IN VIOLATION OF 15 U.S.C. § 1125(a); TRADEMARK INFRINGEMENT IN VIOLATION OF OHIO REV. CODE § 1329.65; DECEPTIVE TRADE PRACTICES IN VIOLATION OF OHIO REV. CODE § 4165.02; COMMON LAW TRADEMARK INFRINGEMENT; COMMON LAW TRADE DRESS INFRINGEMENT; COMMON LAW TRADEMARK DILUTION; AND COMMON LAW UNFAIR COMPETITION. Jury Trial Demanded COMPLAINT Plaintiff, Coulter Ventures, LLC, d/b/a Rogue Fitness (“Rogue”), for its complaint against Titan Manufacturing and Distributing, Inc., d/b/a Titan Fitness (“Titan”), alleges as follows: 1 13526691v1 Case: 2:18-cv-01816-JLG-EPD Doc #: 1-3 Filed: 12/31/18 Page: 2 of 39 PAGEID #: 52 THE PARTIES 1. Rogue is a company organized and existing under the laws of the State of Ohio with a principal place of business at 545 East Fifth Avenue, Columbus, Ohio 43201. 2. On information and belief, Titan Manufacturing and Distributing, Inc., d/b/a Titan Fitness, d/b/a Titan Distributors, Inc., d/b/a Titan Great Outdoors, d/b/a Titan Ramps, d/b/a Titan Attachments, is a corporation organized and existing under the laws of the State of Tennessee with a principal place of business at 141 Eastley Street, Suite 113, Collierville, Tennessee 38017.
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