throbber
Case: 1:20-cv-03071 Document #: 1 Filed: 05/22/20 Page 1 of 26 PageID #:1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`
`
`NEUCO, INC. an Illinois corporation,
`
`
`
`
`
`Plaintiff,
`
`v.
`
`
`
`
`
`Amazon.com Services, Inc., a Delaware
`corporation, and Zapolye, Inc. d/b/a
`PartzStop.com, an Illinois corporation.
`
`
`
`
`
`
`
`
`
`
`Case No.
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`Defendants.
`
`
`
`
`
`
`
`VERIFIED COMPLAINT
`
`Plaintiff, Neuco, Inc. (“Neuco”), by counsel, SWANSON, MARTIN & BELL, LLP, for its
`
`Verified Complaint against Defendants Amazon.com Services, Inc. (“Amazon”) and Zapolye, Inc
`
`d/b/a PartzStop.com (“PartzStop”) states as follows:
`
`INTRODUCTION
`
`1.
`
`This is an action for trademark infringement under Section 32(1) of the Lanham Act, 15
`
`U.S.C. §1114(1); false endorsement or false association under Section 43(a) of the Lanham Act,
`
`15 U.S.C. §1125(a)(1)(A); and for false and deceptive advertising under Section 43(a) of the
`
`Lanham Act, 15 U.S.C. §1125(a)(1)(B).
`
`2.
`
`The claims arise from the willful and deliberate efforts of Defendants to compete with
`
`Neuco by trading upon Neuco’s goodwill and reputation and infringing upon Neuco’s trademarks
`
`and intellectual property to create confusion in the marketplace and bolster their own sales by
`
`falsely describing products as manufactured by, branded by, associated with, sponsored by, or sold
`
`by Neuco.
`
`
`
`1
`
`

`

`Case: 1:20-cv-03071 Document #: 1 Filed: 05/22/20 Page 2 of 26 PageID #:2
`
`3.
`
`Unless Defendants are enjoined from infringing Neuco’s intellectual property rights and
`
`otherwise deceiving the consuming public and tarnishing Neuco’s reputation, Neuco will continue
`
`to suffer substantial ongoing and irreparable harm.
`
`PARTIES
`
`4.
`
`Plaintiff Neuco is an Illinois corporation with its principal place of business located in
`
`Bolingbrook, Illinois. Neuco is the country’s leading distributor of Heating Ventilation Air
`
`Conditioning and Refrigeration (“HVACR”) equipment and has been distributing HVACR
`
`equipment since the 1960s.
`
`5.
`
`Amazon is a Delaware corporation with its headquarters in Seattle, Washington. Amazon
`
`is a multi-national corporation that sells a variety of products over the internet, including HVACR
`
`equipment. To the extent Amazon sells HVACR equipment, it is a competitor of Neuco. Amazon’s
`
`business model relies on sales by Amazon first party sales and sells additional products by sharing
`
`its technology with third parties.
`
`6.
`
`PartzStop is an Illinois corporation with its headquarters in Vernon Hills, Illinois in this
`
`District. PartzStop is a distributor of HVACR equipment and as such is a competitor of Neuco.
`
`Upon information and belief, PartzStop markets and/or sells HVACR products in commerce
`
`throughout the United States and in this District through both through its own website and in
`
`collaboration with Amazon as an Amazon marketplace seller.
`
`JURISDICTION AND VENUE
`
`7.
`
`This Court has subject matter jurisdiction of Neuco’s Complaint under one or more sections
`
`of the Lanham Act, 15 U.S.C. §§ 1051 et. seq. (“Lanham Act”), thus, the Court has jurisdiction
`
`pursuant to 28 U.S.C. § 1331.
`
`
`
`2
`
`

`

`Case: 1:20-cv-03071 Document #: 1 Filed: 05/22/20 Page 3 of 26 PageID #:3
`
`8.
`
`Personal jurisdiction exists over Amazon because Amazon transacts business in the
`
`District, has offices in the District, and offers the infringing products in this District, thereby
`
`committing acts of trademark infringement and unfair competition in this District.
`
`9.
`
`Personal jurisdiction exists over PartzStop because PartzStop transacts business in the
`
`District, has offices in the District, and offers the infringing products in this District, thereby
`
`committing acts of trademark infringement and unfair competition in this District.
`
`10.
`
`Further, upon information and belief, Amazon and PartzStop jointly coordinated the
`
`activities which give rise to this litigation at least in part from offices in this District.
`
`11.
`
`Venue is proper pursuant to 28 U.S.C. §1391 because this cause of action arises out of
`
`events occurring in part or in full in this District.
`
`FACTUAL ALLEGATIONS
`
`NEUCO’S INTELLECTUAL PROPERTY
`
`12.
`
`In the 1960s, three brothers, Howard, John and Harvey Neustadt were providing fuel oil to
`
`homes and companies through the family business, Neustadt Fuel and Supply. In 1963, the
`
`Neustadt brothers decided to diversify the business by distributing parts to repair heating
`
`equipment and founded Neuco. Neuco remains a family owned business, and it has grown to be
`
`recognized by manufacturers and customers as the leading master distributor of HVACR controls
`
`in North America.
`
`13.
`
`Neuco now provides over 275 distinct HVACR product lines. Neuco has invested millions
`
`of dollars in building and maintaining a reputation for providing the highest quality service and
`
`support.
`
`14.
`
`This exemplary provision of goods and services is central to Neuco’s business strategy and
`
`Neuco dedicates considerable time and effort, as well as millions of dollars in marketing over the
`
`
`
`3
`
`

`

`Case: 1:20-cv-03071 Document #: 1 Filed: 05/22/20 Page 4 of 26 PageID #:4
`
`decades, to ensure that the relevant public associates Neuco’s brand with the distribution of
`
`HVACR parts in an innovative, friendly and efficient manner.
`
`15.
`
`Neuco has used the mark Neuco continuously since 1963 and has registered the standard
`
`character mark NEUCO with the United States Patent and Trademark Office, Reg. No. 5,896,063
`
`in International Class No. 35 for “Master distributor services, namely, distributorship services in
`
`the field of HVAC/R equipment, controls and supplies…” (the “NEUCO Mark”). Attached as
`
`Exhibit A.
`
`16.
`
`In part because of Neuco’s commitment to high quality service and in part due to the
`
`millions of dollars Neuco has invested in its brand, the NEUCO Mark is recognized by the
`
`purchasers of HVACR equipment throughout the United States and Canada.
`
`17.
`
`Neuco also uses a design mark registered with the United States Patent and Trademark
`
`Office, Reg. No. 5,902,152 in International Class No. 35 for “Master distributor services, namely,
`
`distributorship services in the field of HVAC/R equipment, controls and supplies…” (“NEUCO
`
`Design Mark”). Attached as Exhibit B.
`
`18.
`
`Neuco has used the NEUCO Design Mark continuously in commerce throughout the
`
`United States since 2009, and because of the millions of dollars Neuco has invested in its brand,
`
`the NEUCO Design Mark is recognized by purchasers of HVACR equipment throughout the
`
`United States and Canada.
`
`19.
`
`Neuco protects the integrity of its brand by not licensing the use of its name, brands or
`
`registered trademarks to any other seller or re-seller of HVACR equipment.
`
`20.
`
`Neuco has never itself manufactured any HVACR equipment nor licensed its brand to any
`
`manufacturer of HVACR equipment.
`
`
`
`4
`
`

`

`Case: 1:20-cv-03071 Document #: 1 Filed: 05/22/20 Page 5 of 26 PageID #:5
`
`21.
`
`Neuco further protects the integrity of its brand by not selling directly to installation
`
`contractors or associating itself with Amazon or other internet distributors such as PartzStop who
`
`are competitors of Neuco may be competitors of Neuco’s clients. Neuco is not an Amazon vendor,
`
`nor has it ever licensed any rights in its name, the NEUCO Mark or NEUCO Design Mark to
`
`Amazon or any Amazon vendor.
`
`22.
`
`As a result of its distinctiveness, widespread use, and promotion throughout the United
`
`States, the NEUCO Mark and NEUCO Design Mark are famous within the meaning of Section
`
`43(c) of the Lanham Act, 15 U.S.C. § 1125(c), and became famous prior to the acts of Defendants
`
`alleged in this Complaint.
`
`INFRINGING PRODUCT LISTINGS
`
`23.
`
`Amazon sells products, including HVACR equipment, through its website available at
`
`www.amazon.com (the “Amazon Website”). Amazon claims that approximately 42% of
`
`Amazon’s sales are made directly by Amazon and 58% of Amazon’s sales are made by third-party
`
`sellers.1
`
`24.
`
`PartzStop is an Amazon seller and coordinates its activities with Amazon to market, sell
`
`and distribute HVACR goods and services.
`
`25.
`
`Amazon and PartzStop actively list HVACR equipment on the Amazon Website. The
`
`listings falsely suggest that the parts are offered with the authorization, endorsement, or
`
`sponsorship of Neuco, or that Amazon or PartzStop are in some way affiliated with or sponsored
`
`by Neuco. The references to Neuco are literally false.
`
`26.
`
`The literally false statements appearing on the Amazon website are placed to maximize
`
`their impact, confuse consumers, and affect a consumer’s purchase decision.
`
`
`1
`Letter from Jeff Bezos, President, CEO, Amazon.com, Inc., to Amazon Shareholders (Apr. 11,
`2019)(available at https://blog.aboutamazon.com/company-news/2018-letter-to-shareholders).
`
`
`
`5
`
`

`

`Case: 1:20-cv-03071 Document #: 1 Filed: 05/22/20 Page 6 of 26 PageID #:6
`
`27.
`
`Amazon controls the product descriptions that appear on the “detail page” of the products
`
`listed on the Amazon Website. As Amazon states on its website: “When multiple sellers offer the
`
`same product, Amazon combines data from those various offers on a single detail page. Sellers
`
`who offer the product can contribute detail page information—or request detail page reviews if the
`
`information displayed is incorrect.”2
`
`28.
`
`That control includes creating an Amazon Standard Identification Number (ASIN) for
`
`every product on its website.3
`
`29.
`
`Amazon encourages high quality detail pages because they know customers use the detail
`
`page to decide to make purchases.4
`
`30.
`
`Amazon informs Amazon sellers that “there are five critical components to a high-quality
`
`detail page,” and that the “first component is a descriptive title” which should include the product
`
`brand.
`
`31.
`
`Amazon’s listings regarding certain HVACR equipment, including many of the listings
`
`identified in Exhibit C, are literally false and misleading because the title on the detail page, a
`
`“critical component” for customer decision making, suggest the products are authorized, endorsed,
`
`or sponsored by Neuco, or that Amazon or PartzStop are in some way affiliated with or sponsored
`
`by Neuco by using the NEUCO Mark in the product title on the detail page.
`
`32.
`
`Certain HVACR equipment listings, including some of those listings identified in Exhibit
`
`C, are literally false because they state that the HVACR equipment is provided “by Neuco.”
`
`Adding your products, AMAZON.COM, https://sell.amazon.com/sell.html (last visited May 21,
`
`
`2
`Become an Amazon Seller, AMAZON.COM, https://sell.amazon.com/sell.html (last visited May 21,
`2020).
`3
`2020).
`4
`Amazon Seller University, Detail Pages and the Buy Box: What Makes a Quality Detail Page,
`YOUTUBE
`(JUNE
`29,
`2017),
`https://www.youtube.com/watch?v=qVQ3FL6EyrQ&list=PLyrrqKCT7jFIDrql2zuB5QbehjKSZGJLj&in
`dex=2
`
`
`
`6
`
`

`

`Case: 1:20-cv-03071 Document #: 1 Filed: 05/22/20 Page 7 of 26 PageID #:7
`
`33.
`
`Specifically, Amazon displays the NEUCO Mark on its website in a confusing and literally
`
`false manner to cause a consumer to believe the listing is authorized, endorsed, or sponsored by
`
`Neuco, or that Amazon or PartzStop are in some way affiliated with or sponsored by Neuco. For
`
`example, at the top of certain pages for certain HVACR products, Amazon states that the product
`
`is “by Neuco,” as shown below:
`
`
`
`34.
`
`Amazon also falsely places Neuco’s name in the title of the HVACR part as if Neuco were
`
`the manufacturer or brand of the HVACR part, as shown above.
`
`35.
`
`In fact, Neuco is not the manufacturer or brand for any HVACR part, including the “Neuco
`
`903600 Flame Sensor” shown above.
`
`36.
`
`Amazon infringes the Neuco Mark for dozens of HVACR products throughout the Amazon
`
`website including at least for each and every product listed in Exhibit C.
`
`37.
`
`PartzStop also infringes the Neuco Mark for HVACR products through its listings on the
`
`Amazon website, including at least for each and every product listed in Exhibit D.
`
`38.
`
`Upon information and belief, none of the products offered for sale by Defendants in
`
`Exhibits C and D were purchased from Neuco.
`
`39.
`
`Amazon knows that the bullet points are another “critical component” of a detail page and
`
`factor into a customer’s decision to make a purchase. As Amazon states, these bullet points
`
`
`
`7
`
`

`

`Case: 1:20-cv-03071 Document #: 1 Filed: 05/22/20 Page 8 of 26 PageID #:8
`
`highlight “important facts and key features that differentiate your product. Customers rely on well-
`
`crafted bullet points to inform their purchase decisions.”5
`
`40.
`
`Amazon acknowledges that the bullet points “should highlight the five key features you
`
`want customers to consider.”6
`
`41.
`
`Amazon and PartzStop falsely and deceptively use these bullet points to suggest certain
`
`products are authorized, endorsed, or sponsored by Neuco, or that Amazon or PartzStop are in
`
`some way affiliated with or sponsored by Neuco, as shown below:
`
`And also:
`
`
`
`
`5
`Amazon Seller University, Detail Pages and the Buy Box: What Makes a Quality Detail Page,
`YOUTUBE (JUNE 29, 2017),
`https://www.youtube.com/watch?v=qVQ3FL6EyrQ&list=PLyrrqKCT7jFIDrql2zuB5QbehjKSZGJLj&in
`dex=2
`6
`Amazon Seller University, Detail Pages and the Buy Box: What Makes a Quality Detail Page,
`YOUTUBE (JUNE 29, 2017),
`https://www.youtube.com/watch?v=qVQ3FL6EyrQ&list=PLyrrqKCT7jFIDrql2zuB5QbehjKSZGJLj&in
`dex=2.
`
`
`
`8
`
`

`

`Case: 1:20-cv-03071 Document #: 1 Filed: 05/22/20 Page 9 of 26 PageID #:9
`
`42.
`
`Defendants provide listings that mislead and deceive customers by using the NEUCO
`
`Design Mark, as shown below:
`
`
`
`
`
`43.
`
`The ICM255 Central Air Conditioner Defrost Control Board (“ICM255”) is not
`
`manufactured or branded by Neuco.
`
`44.
`
`Amazon’s description of the ICM255 is false and misleading because it implies that it is a
`
`Neuco brand part or that Neuco manufactures the ICM255.
`
`45.
`
`Amazon furthers the deceptive nature of the ICM255 by stating that it is a genuine original
`
`equipment manufacturer (OEM) part.
`
`46.
`
`As a further example, Amazon and PartzStop use both the NEUCO Mark and the NEUCO
`
`Design Mark to falsely and deceptively create the impression that Neuco is associated with or
`
`
`
`9
`
`

`

`Case: 1:20-cv-03071 Document #: 1 Filed: 05/22/20 Page 10 of 26 PageID #:10
`
`endorsing
`
`the
`
`sale
`
`of
`
`the
`
`ICM320 Control
`
`(“ICM320”)
`
`as
`
`shown
`
`below:
`
`
`
`
`
`47.
`
`The literally false and deceptive detail pages are jointly managed by Amazon and
`
`PartzStop.7
`
`48. While information for the detail page can be input by Amazon sellers such as PartzStop,
`
`Amazon controls all of the information on the detail page through a feature called “Detail Page
`
`Control”.8
`
`49.
`
`PartzStop has the opportunity to manage or edit the information on the detail page by
`
`submitting suggested edits to Amazon’s Detail Page Control.9
`
`50.
`
`PartzStop also has the opportunity to remove false or inaccurate information. Upon
`
`information and belief, PartzStop is aware Neuco is the market leader in the HVACR distribution
`
`industry and are aware that PartzStop’s listings were not authorized, endorsed, or sponsored by
`
`Neuco, and that PartzStop is not in any way affiliated with or sponsored by Neuco.
`
`51.
`
`Despite knowing that Neuco does not authorize, endorse, or sponsor the listings identified
`
`in Exhibits C and D, and that Amazon and PartzStop are not in any way affiliated with or
`
`
`7
`Amazon Seller University, Detail Pages and the Buy Box: What Makes a Quality Detail Page,
`YOUTUBE (JUNE 29, 2017),
`https://www.youtube.com/watch?v=qVQ3FL6EyrQ&list=PLyrrqKCT7jFIDrql2zuB5QbehjKSZGJLj&in
`dex=2.
`8
`9
`
`Id.
`Id.
`
`
`
`10
`
`

`

`Case: 1:20-cv-03071 Document #: 1 Filed: 05/22/20 Page 11 of 26 PageID #:11
`
`sponsored by Neuco, Amazon and PartzStop conspired to keep literally false and misleading
`
`information, along with infringing and counterfeit images of the NEUCO Mark and NEUCO
`
`Design Mark on the detail page.
`
`52.
`
`53.
`
`Amazon and PartzStop’s practices have led to actual consumer confusion.
`
`Further, Amazon’s business practices have led consumers to believe that Neuco does not
`
`consistently provide high-quality HVACR parts. Several of the listings of products in Exhibit C
`
`have received negative reviews.
`
`54.
`
`The products Amazon offers deceptively using the NEUCO Mark and NEUCO Design
`
`Mark are deficient in quality and thus the marketing and sale of the products using Neuco’s name
`
`is damaging to the Neuco brand. Online reviews of the Neuco branded goods offered on Amazon’s
`
`website often include complaints and negative comments.
`
`55.
`
`Notably, Amazon actively lists broken products as being manufactured, branded,
`
`associated with or sold by Neuco, as shown below:
`
`56.
`
`Amazon shipped the purchased product in a broken and non-functional state. As noted by
`
`
`
`the reviewer:
`
`57.
`
`The Defendants infringing use of the NEUCO Mark and NEUCO Design Mark to sell the
`
`products listed in Exhibit C have caused and are likely to cause confusion, mistake and deception,
`
`
`
`
`
`11
`
`

`

`Case: 1:20-cv-03071 Document #: 1 Filed: 05/22/20 Page 12 of 26 PageID #:12
`
`among the relevant consuming public as to the source or origin of Defendants’ services and have
`
`deceived and are likely to deceive the relevant consuming public into believing, mistakenly, that
`
`Defendants’ services originate from, are associated or affiliated with, or are otherwise authorized
`
`by Neuco.
`
`58.
`
`Among the harm caused by Defendants’ infringing acts, consumers may come to associate
`
`Neuco, the NEUCO Mark, and the NEUCO Design Mark with broken products, poor service, low-
`
`quality and potentially unsafe goods or services.
`
`59.
`
`Indeed, the Defendants’ conduct has already resulted in actual confusion. For example, on
`
`February 11, 2020 a Neuco client asked why Neuco sold certain parts on the Amazon Website.
`
`60.
`
`Amazon and PartzStop’s acts are willful, malicious and with deliberate intent to trade on
`
`the goodwill of the NEUCO Mark and NEUCO Design Mark to cause confusion and deception in
`
`the marketplace and divert customers of Neuco to Defendants.
`
`The Literally False Listings and Infringement are Willful and Deliberate
`
`61.
`
`62.
`
`Amazon is aware that its listings are literally false, deceptive, confusing and unlawful.
`
`For example, Amazon sells the “Neuco 0130F00001P Furnace Air Pressure Switch” on its
`
`website
`
`at
`
`https://www.amazon.com/Neuco-0130F00001P-Furnace-Pressure-
`
`Switch/dp/B07LBLTPXM/as shown below:
`
`63.
`
`The listing described in paragraph 62 is literally false because the 0130F00001P Furnace
`
`
`
`Air Pressure Switch is not “by Neuco”.
`
`
`
`12
`
`

`

`Case: 1:20-cv-03071 Document #: 1 Filed: 05/22/20 Page 13 of 26 PageID #:13
`
`64.
`
`The listing described in paragraph 62 is literally false because the 0130F00001P Furnace
`
`Air Pressure Switch is not “from the brand Neuco”.
`
`65.
`
`The listing described in paragraph 62 violates Amazon’s own listing guidelines which
`
`states that: “To sell branded products protected by copyright, trademark, or patent, you must be
`
`the legal owner of the brand or an authorized reseller.”10 Amazon is neither the legal owner of the
`
`Neuco brand, including the NEUCO Mark and NEUCO Design Mark, or an authorized seller.
`
`66.
`
`Amazon sells the 0130F00001P Furnace Air Pressure Switch from its own store, “Amazon
`
`Warehouse”.
`
`67.
`
`As Amazon itself states, any product sold by Amazon Warehouse is “inspect[ed] and
`
`certif[ied]” by Amazon.11
`
`68.
`
`Having inspected and certified the 0130F00001P Furnace Air Pressure Switch, Amazon
`
`has actual or constructive knowledge that the 0130F00001P Furnace Air Pressure Switch is
`
`manufactured by the company Goodman-Amana, not Neuco.
`
`69.
`
`Amazon is also aware that the unauthorized use of another company’s name in a product
`
`description constitutes trademark infringement.
`
`70.
`
`As Amazon instructs its own marketplace sellers, the use of a third party’s name in a
`
`product description is unacceptable. As an example, Amazon instructs their sellers that they cannot
`
`use a product description such as “AmazonBasics speaker charging cable” because the term
`
`“AmazonBasics is a trademark of Amazon” and not intellectual property of the resellers.
`
`
`10
`See Adding your products, AMAZON, https://sell.amazon.com/sell.html (last visited May 21,
`2020).
`11
`Amazon Warehouse Seller Profile, AMAZON,
`https://www.amazon.com/sp?seller=A2L77EE7U53NWQ (last visited May 21, 2020); Amazon
`Warehouse Product Conditions, AMAZON.COM,
`https://www.amazon.com/gp/help/customer/display.html?nodeId=202074290 (last visited May 21, 2020).
`
`
`
`13
`
`

`

`Case: 1:20-cv-03071 Document #: 1 Filed: 05/22/20 Page 14 of 26 PageID #:14
`
`71.
`
`Despite having actual and/or constructive knowledge that it does not have any license to
`
`use the Neuco Mark, that the 0130F00001P Furnace Air Pressure Switch is not manufactured by
`
`Neuco, and that the use of the Neuco mark infringes Neuco’s intellectual property rights, Amazon
`
`continues to willfully and deliberately infringe Neuco’s intellectual property rights and deceive
`
`the public by providing the literally false listing for the 0130F00001P Furnace Air Pressure Switch.
`
`72.
`
`Amazon willfully and deliberately makes similar, literally false and deceptive statements
`
`in the listings provided in Exhibit C.
`
`73.
`
`On February 1, 2019, Neuco contacted Amazon regarding the misuse of its trademarks.
`
`Despite the notification that Amazon was actively infringing Neuco’s mark and falsely describing
`
`products on its website, Amazon refused to remove the product listings.
`
`74.
`
`On June 21, 2019, Neuco sent a formal cease and desist letter to Amazon. Amazon’s
`
`counsel represented to Neuco that they would formally respond. Amazon then ignored the cease
`
`and desist letter and continued to knowingly and willfully infringe Neuco’s marks.
`
`75.
`
`Neuco has also used the trademark infringement notification tool provided by Amazon to
`
`notify Amazon that its listings violate Neuco’s trademarks. Via Amazon’s official trademark
`
`infringement tool, Neuco provided notice to Amazon on at least four separate occasions: December
`
`31, 2019, February 11, 2020, March 2, 2020 and March 10, 2020. Amazon failed to respond in
`
`any meaningful way and repeatedly refuses to stop infringing the NEUCO Mark and NEUCO
`
`Design Mark and continues to knowingly and willfully engage in trademark infringement.
`
`76.
`
`Despite knowing that the use of a third party’s name to suggest the product is branded or
`
`manufactured by the third party, Amazon and PartzStop engage in that exact infringement here
`
`and in each listing identified in Exhibits C and D by placing Neuco’s name in the product listing.
`
`
`
`
`
`
`14
`
`

`

`Case: 1:20-cv-03071 Document #: 1 Filed: 05/22/20 Page 15 of 26 PageID #:15
`
`COUNT I
`
`Federal Trademark Infringement of the NEUCO Mark
`Against Amazon under Section 32(1) of the Lanham Act
`
`Neuco repeats and realleges the allegations contained in paragraphs 1 through 76 as though
`
`77.
`
`fully set forth herein.
`
`78.
`
`Neuco has a protectable interest in the NEUCO Mark, registered with the United States
`
`Patent and Trademark Office. See Exhibit A.
`
`79. Without the consent of Neuco, Amazon has used and continues to use the NEUCO Mark
`
`in commerce in connection with the sale, offering for sale, distribution or advertising of goods or
`
`services and the unauthorized use is likely to cause confusion, or to cause mistake, or is likely to
`
`deceive in violation of 15 U.S.C. §1114(1)(a).
`
`80.
`
`Amazon’s unauthorized use of the NEUCO Mark constitutes use of a counterfeit mark as
`
`described in 15 U.S.C. §1116(d)(1)(B)
`
`81.
`
`Amazon has intentionally, willfully, and knowingly used the counterfeit mark in a
`
`malicious, fraudulent manner in connection with the sale, offering for sale, or distribution of goods
`
`or services.
`
`82.
`
`Amazon’s conduct is causing immediate and irreparable harm and injury to Neuco and to
`
`its goodwill and reputation and will continue to both damage Neuco and confuse the public unless
`
`enjoined by this court. Neuco has no adequate remedy at law.
`
`83.
`
`Neuco is entitled to injunctive relief and an award of actual or statutory damages under
`
`Sections 34 and 35 of the Lanham Act, 15 U.S.C. §§ 1116, 1117.
`
`
`
`
`
`
`
`15
`
`
`
`

`

`Case: 1:20-cv-03071 Document #: 1 Filed: 05/22/20 Page 16 of 26 PageID #:16
`
`COUNT II
`
`Federal Trademark Infringement of the NEUCO Design Mark
`Against Amazon under Section 32(1) of the Lanham Act
`
`Neuco repeats and realleges the allegations contained in paragraphs 1 through 83 as though
`
`84.
`
`fully set forth herein.
`
`85.
`
`Neuco has a protectable interest in the NEUCO Design Mark, registered with the United
`
`States Patent and Trademark Office. See Exhibit A.
`
`86. Without the consent of Neuco, Amazon has used and continues to use the NEUCO Design
`
`Mark in commerce in connection with the sale, offering for sale, distribution or advertising of
`
`goods or services and the unauthorized use is likely to cause confusion, or to cause mistake, or is
`
`likely to deceive in violation of 15 U.S.C. §1114(1)(a).
`
`87.
`
`Amazon’s unauthorized use of the NEUCO Design Mark constitutes use of a counterfeit
`
`mark as described in 15 U.S.C. §1116(d)(1)(B).
`
`88.
`
`Amazon has intentionally, willfully, and knowingly used the counterfeit mark in a
`
`malicious, fraudulent manner in connection with the sale, offering for sale, or distribution of goods
`
`or services.
`
`89.
`
`Amazon’s conduct is causing immediate and irreparable harm and injury to Neuco and to
`
`its goodwill and reputation and will continue to both damage Neuco and confuse the public unless
`
`enjoined by this court. Neuco has no adequate remedy at law.
`
`90.
`
`Neuco is entitled to injunctive relief and an award of actual or statutory damages under
`
`Sections 34 and 35 of the Lanham Act, 15 U.S.C. §§ 1116, 1117.
`
`
`
`
`
`
`
`
`
`16
`
`

`

`Case: 1:20-cv-03071 Document #: 1 Filed: 05/22/20 Page 17 of 26 PageID #:17
`
`COUNT III
`
`Federal Trademark Infringement of the NEUCO Mark
`Against PartzStop under Section 32(1) of the Lanham Act
`
`Neuco repeats and realleges the allegations contained in paragraphs 1 through 90 as though
`
`91.
`
`fully set forth herein.
`
`92.
`
`Neuco has a protectable interest in the NEUCO Mark, registered with the United States
`
`Patent and Trademark Office. See Exhibit B.
`
`93. Without the consent of Neuco, PartzStop has used and continues to use the NEUCO Mark
`
`in commerce in connection with the sale, offering for sale, distribution or advertising of goods or
`
`services and the unauthorized use is likely to cause confusion, or to cause mistake, or is likely to
`
`deceive in violation of 15 U.S.C. §1114(1)(a).
`
`94.
`
`PartzStop’s unauthorized use of the NEUCO Mark constitutes use of a counterfeit mark as
`
`described in 15 U.S.C. §1116(d)(1)(B)
`
`95.
`
`PartzStop has intentionally, willfully, and knowingly used the counterfeit mark in a
`
`malicious, fraudulent manner in connection with the sale, offering for sale, or distribution of goods
`
`or services.
`
`96.
`
`PartzStop’s conduct is causing immediate and irreparable harm and injury to Neuco and to
`
`its goodwill and reputation and will continue to both damage Neuco and confuse the public unless
`
`enjoined by this court. Neuco has no adequate remedy at law.
`
`97.
`
`Neuco is entitled to injunctive relief and an award of actual or statutory damages under
`
`Sections 34 and 35 of the Lanham Act, 15 U.S.C. §§ 1116, 1117.
`
`
`
`
`
`
`
`17
`
`
`
`

`

`Case: 1:20-cv-03071 Document #: 1 Filed: 05/22/20 Page 18 of 26 PageID #:18
`
`COUNT IV
`
`Federal Trademark Infringement of the NEUCO Design Mark
`Against PartzStop under Section 32(1) of the Lanham Act
`
`Neuco repeats and realleges the allegations contained in paragraphs 1 through 97 as though
`
`98.
`
`fully set forth herein.
`
`99.
`
`Neuco has a protectable interest in the NEUCO Design Mark, registered with the United
`
`States Patent and Trademark Office. See Exhibit B.
`
`100. Without the consent of Neuco, PartzStop has used and continues to use the NEUCO Design
`
`Mark in commerce in connection with the sale, offering for sale, distribution or advertising of
`
`goods or services and the unauthorized use is likely to cause confusion, or to cause mistake, or is
`
`likely to deceive in violation of 15 U.S.C. §1114(1)(a).
`
`101. PartzStop’s unauthorized use of the NEUCO Design Mark constitutes use of a counterfeit
`
`mark as described in 15 U.S.C. §1116(d)(1)(B)
`
`102. PartzStop has intentionally, willfully, and knowingly used the counterfeit mark in a
`
`malicious, fraudulent manner in connection with the sale, offering for sale, or distribution of goods
`
`or services.
`
`103. PartzStop’s conduct is causing immediate and irreparable harm and injury to Neuco and to
`
`its goodwill and reputation and will continue to both damage Neuco and confuse the public unless
`
`enjoined by this court. Neuco has no adequate remedy at law.
`
`104. Neuco is entitled to injunctive relief and an award of actual or statutory damages under
`
`Sections 34 and 35 of the Lanham Act, 15 U.S.C. §§ 1116, 1117.
`
`
`
`
`
`
`
`18
`
`
`
`

`

`Case: 1:20-cv-03071 Document #: 1 Filed: 05/22/20 Page 19 of 26 PageID #:19
`
`COUNT V
`
`False Endorsement Against Amazon
`Under Section 43(A) of the Lanham Act
`
`105. Neuco repeats and realleges the allegations contained in paragraphs 1 through 104 as
`
`though fully set forth herein.
`
`106. At least the listings controlled by Amazon and identified in Exhibit C each make false
`
`representations concerning the origin, association or endorsement of goods or services through the
`
`wrongful use of Neuco’s distinctive mark or name.
`
`107. Amazon’s acts are likely to deceive or confuse consumers, and have deceived or confused
`
`consumers, as to the origin, association or endorsement of Amazon’s goods and services, and are
`
`likely to cause and has caused consumers to believe, contrary to fact, that Amazon’s goods and
`
`services are sold or offered, authorized, endorsed or sponsored by Neuco, or that Amazon is in
`
`some way affiliated with or sponsored by Neuco.
`
`108. Amazon has intentionally, willfully, and knowingly used the false representations in a
`
`malicious, fraudulent manner in connection with the sale, offering for sale, or distribution of goods
`
`or services.
`
`109. Amazon’s conduct is causing immediate and irreparable harm and injury to Neuco and to
`
`its goodwill and reputation and will continue to both damage Neuco and confuse the public unless
`
`enjoined by this court. Neuco has no adequate remedy at law.
`
`110. Neuco is entitled to injunctive relief and an award of actual or statutory damages under
`
`Sections 34 and 35 of the Lanham Act, 15 U.S.C. §§ 1116, 1117.
`
`
`
`
`
`
`
`19
`
`
`
`

`

`Case: 1:20-cv-03071 Document #: 1 Filed: 05/22/20 Page 20 of 26 PageID #:20
`
`
`
`COUNT VI
`
`False Endorsement Against PartzStop
`Under Section 43(A) of the Lanham Act
`
`111. Neuco repeats and realleges the allegations contained in paragraphs 1 through 110 as
`
`though fully set forth herein.
`
`112. At least the listings controlled by PartzStop and identified in Exhibit D each make false
`
`representations concerning the origin, association or endorsement of goods or services through the
`
`wrongful use of Neuco’s distinctive mark or name.
`
`113. PartzStop’s acts are likely to deceive or confuse consumers, and have deceived or confused
`
`consumers, as to the origin, association or endorsement of PartzStop’s goods and services, and are
`
`likely to cause and has caused consumers to believe, contrary to fact, that PartzStop’s goods and
`
`services are sold or offered, authorized, endorsed or sponsored by Neuco, or that PartzStop is in
`
`some way affiliated with or sponsored by Neuco.
`
`114. PartzStop has intentionally, willfully, and knowingly used the false representations in a
`
`malicious, fraudulent manner in connection with the sale, offering for sale, or distribution of goods
`
`or services.
`
`115. PartzStop’s conduct is causing immediate and irreparable harm and injury to Neuco and to
`
`its goodwill and reputation and will continue to both damage Ne

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket