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,
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`Plaintiff,
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`v.
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`
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`Amazon.com Services, Inc., a Delaware
`corporation, and Zapolye, Inc. d/b/a
`PartzStop.com, an Illinois corporation.
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`Case No.
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`Defendants.
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`VERIFIED COMPLAINT
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`Plaintiff, Neuco, Inc. (“Neuco”), by counsel, SWANSON, MARTIN & BELL, LLP, for its
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`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,
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`15 U.S.C. §1125(a)(1)(A); and for false and deceptive advertising under Section 43(a) of the
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`Lanham Act, 15 U.S.C. §1125(a)(1)(B).
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`2.
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`The claims arise from the willful and deliberate efforts of Defendants to compete with
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`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
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`falsely describing products as manufactured by, branded by, associated with, sponsored by, or sold
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`by Neuco.
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`1
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`3.
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`Unless Defendants are enjoined from infringing Neuco’s intellectual property rights and
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`otherwise deceiving the consuming public and tarnishing Neuco’s reputation, Neuco will continue
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`to suffer substantial ongoing and irreparable harm.
`
`PARTIES
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`4.
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`Plaintiff Neuco is an Illinois corporation with its principal place of business located in
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`Bolingbrook, Illinois. Neuco is the country’s leading distributor of Heating Ventilation Air
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`Conditioning and Refrigeration (“HVACR”) equipment and has been distributing HVACR
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`equipment since the 1960s.
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`5.
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`Amazon is a Delaware corporation with its headquarters in Seattle, Washington. Amazon
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`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
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`business model relies on sales by Amazon first party sales and sells additional products by sharing
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`its technology with third parties.
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`6.
`
`PartzStop is an Illinois corporation with its headquarters in Vernon Hills, Illinois in this
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`District. PartzStop is a distributor of HVACR equipment and as such is a competitor of Neuco.
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`Upon information and belief, PartzStop markets and/or sells HVACR products in commerce
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`throughout the United States and in this District through both through its own website and in
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`collaboration with Amazon as an Amazon marketplace seller.
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`JURISDICTION AND VENUE
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`7.
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`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.
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`
`
`2
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`8.
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`Personal jurisdiction exists over Amazon because Amazon transacts business in the
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`District, has offices in the District, and offers the infringing products in this District, thereby
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`committing acts of trademark infringement and unfair competition in this District.
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`9.
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`Personal jurisdiction exists over PartzStop because PartzStop transacts business in the
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`District, has offices in the District, and offers the infringing products in this District, thereby
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`committing acts of trademark infringement and unfair competition in this District.
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`10.
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`Further, upon information and belief, Amazon and PartzStop jointly coordinated the
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`activities which give rise to this litigation at least in part from offices in this District.
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`11.
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`Venue is proper pursuant to 28 U.S.C. §1391 because this cause of action arises out of
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`events occurring in part or in full in this District.
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`FACTUAL ALLEGATIONS
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`NEUCO’S INTELLECTUAL PROPERTY
`
`12.
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`In the 1960s, three brothers, Howard, John and Harvey Neustadt were providing fuel oil to
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`homes and companies through the family business, Neustadt Fuel and Supply. In 1963, the
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`Neustadt brothers decided to diversify the business by distributing parts to repair heating
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`equipment and founded Neuco. Neuco remains a family owned business, and it has grown to be
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`recognized by manufacturers and customers as the leading master distributor of HVACR controls
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`in North America.
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`13.
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`Neuco now provides over 275 distinct HVACR product lines. Neuco has invested millions
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`of dollars in building and maintaining a reputation for providing the highest quality service and
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`support.
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`14.
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`This exemplary provision of goods and services is central to Neuco’s business strategy and
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`Neuco dedicates considerable time and effort, as well as millions of dollars in marketing over the
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`
`
`3
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`

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`decades, to ensure that the relevant public associates Neuco’s brand with the distribution of
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`HVACR parts in an innovative, friendly and efficient manner.
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`15.
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`Neuco has used the mark Neuco continuously since 1963 and has registered the standard
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`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.
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`16.
`
`In part because of Neuco’s commitment to high quality service and in part due to the
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`millions of dollars Neuco has invested in its brand, the NEUCO Mark is recognized by the
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`purchasers of HVACR equipment throughout the United States and Canada.
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`17.
`
`Neuco also uses a design mark registered with the United States Patent and Trademark
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`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,
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`the NEUCO Design Mark is recognized by purchasers of HVACR equipment throughout the
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`United States and Canada.
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`19.
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`Neuco protects the integrity of its brand by not licensing the use of its name, brands or
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`registered trademarks to any other seller or re-seller of HVACR equipment.
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`20.
`
`Neuco has never itself manufactured any HVACR equipment nor licensed its brand to any
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`manufacturer of HVACR equipment.
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`4
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`21.
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`Neuco further protects the integrity of its brand by not selling directly to installation
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`contractors or associating itself with Amazon or other internet distributors such as PartzStop who
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`are competitors of Neuco may be competitors of Neuco’s clients. Neuco is not an Amazon vendor,
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`nor has it ever licensed any rights in its name, the NEUCO Mark or NEUCO Design Mark to
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`Amazon or any Amazon vendor.
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`22.
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`As a result of its distinctiveness, widespread use, and promotion throughout the United
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`States, the NEUCO Mark and NEUCO Design Mark are famous within the meaning of Section
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`43(c) of the Lanham Act, 15 U.S.C. § 1125(c), and became famous prior to the acts of Defendants
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`alleged in this Complaint.
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`INFRINGING PRODUCT LISTINGS
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`23.
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`Amazon sells products, including HVACR equipment, through its website available at
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`www.amazon.com (the “Amazon Website”). Amazon claims that approximately 42% of
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`Amazon’s sales are made directly by Amazon and 58% of Amazon’s sales are made by third-party
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`sellers.1
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`24.
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`PartzStop is an Amazon seller and coordinates its activities with Amazon to market, sell
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`and distribute HVACR goods and services.
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`25.
`
`Amazon and PartzStop actively list HVACR equipment on the Amazon Website. The
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`listings falsely suggest that the parts are offered with the authorization, endorsement, or
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`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.
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`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).
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`5
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`27.
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`Amazon controls the product descriptions that appear on the “detail page” of the products
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`listed on the Amazon Website. As Amazon states on its website: “When multiple sellers offer the
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`same product, Amazon combines data from those various offers on a single detail page. Sellers
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`who offer the product can contribute detail page information—or request detail page reviews if the
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`information displayed is incorrect.”2
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`28.
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`That control includes creating an Amazon Standard Identification Number (ASIN) for
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`every product on its website.3
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`29.
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`Amazon encourages high quality detail pages because they know customers use the detail
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`page to decide to make purchases.4
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`30.
`
`Amazon informs Amazon sellers that “there are five critical components to a high-quality
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`detail page,” and that the “first component is a descriptive title” which should include the product
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`brand.
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`31.
`
`Amazon’s listings regarding certain HVACR equipment, including many of the listings
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`identified in Exhibit C, are literally false and misleading because the title on the detail page, a
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`“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
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`6
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`33.
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`Specifically, Amazon displays the NEUCO Mark on its website in a confusing and literally
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`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
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`is “by Neuco,” as shown below:
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`
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`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.
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`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
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`factor into a customer’s decision to make a purchase. As Amazon states, these bullet points
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`7
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`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.
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`
`
`8
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`

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`42.
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`Defendants provide listings that mislead and deceive customers by using the NEUCO
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`Design Mark, as shown below:
`
`
`
`
`
`43.
`
`The ICM255 Central Air Conditioner Defrost Control Board (“ICM255”) is not
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`manufactured or branded by Neuco.
`
`44.
`
`Amazon’s description of the ICM255 is false and misleading because it implies that it is a
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`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
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`equipment manufacturer (OEM) part.
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`46.
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`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
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`

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`Case: 1:20-cv-03071 Document #: 1 Filed: 05/22/20 Page 10 of 26 PageID #:10
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`endorsing
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`the
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`sale
`
`of
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`the
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`ICM320 Control
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`(“ICM320”)
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`as
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`shown
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`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,
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`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
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`submitting suggested edits to Amazon’s Detail Page Control.9
`
`50.
`
`PartzStop also has the opportunity to remove false or inaccurate information. Upon
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`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
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`

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`Case: 1:20-cv-03071 Document #: 1 Filed: 05/22/20 Page 11 of 26 PageID #:11
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`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
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`

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`Case: 1:20-cv-03071 Document #: 1 Filed: 05/22/20 Page 12 of 26 PageID #:12
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`among the relevant consuming public as to the source or origin of Defendants’ services and have
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`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
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`

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`Case: 1:20-cv-03071 Document #: 1 Filed: 05/22/20 Page 13 of 26 PageID #:13
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`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
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`

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`Case: 1:20-cv-03071 Document #: 1 Filed: 05/22/20 Page 14 of 26 PageID #:14
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`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
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`

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`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
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`
`
`

`

`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