`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`Civil Action No. 21-cv-1997
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`JURY TRIAL DEMANDED
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`TOOTSIE ROLL INDUSTRIES, LLC
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`v.
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`LAFAYETTE BAY PRODUCTS, LLC
`d/b/a SPUNKY PUP
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`
`
`
`Plaintiff,
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`Defendant.
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`COMPLAINT
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`Plaintiff Tootsie Roll Industries, LLC (“Tootsie”), by and through its undersigned counsel,
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`and for its Complaint against Defendant Lafayette Bay Products, LLC d/b/a Spunky Pup (“Spunky
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`Pup”), alleges as follows:
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`INTRODUCTION
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`1.
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`Plaintiff Tootsie is the owner of the famous and federally registered trademarks
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`TOOTSIE ROLL and TOOTSIE POPS for candy products. TOOTSIE ROLL brand candies are
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`sold in likewise famous, registered trade dress comprising a brown cylindrical candy shape sold in
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`packaging that features a dark brown center panel with adjacent red stripes. Defendant Spunky
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`Pup has started selling a dog treat product that, without authorization, copies Tootsie’s trade dress,
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`calling its product by the confusingly similar name “TOOTSIE PUPS.”
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`Case: 1:21-cv-01997 Document #: 1 Filed: 04/14/21 Page 2 of 18 PageID #:2
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`NATURE OF SUIT
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`2.
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`This is an action for: (1) infringement of Tootsie’s federally registered marks in
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`violation of Section 32(1) of the Lanham Act, 15 U.S.C. § 1114; (2) federal unfair competition
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`and false designation of origin, association, and endorsement in violation of Section 43(a) of the
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`Lanham Act, 15 U.S.C. § 1125(a); (3) dilution by blurring in violation of Section 43(c) of the
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`Lanham Act, 15 U.S.C. § 1125(c); (4) deceptive trade practices in violation the Illinois Uniform
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`Deceptive Trade Practices Act, 815 ILCS §§ 510/1 et seq.; (5) deceptive trade practices in violation
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`of the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS §§ 505/1 et seq.;
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`(6) dilution in violation of the Illinois Trademark Registration and Protection Act, 765 ILCS §
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`1036/65; and (7) unfair competition in violation of Illinois’ common law of unfair competition.
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`3.
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`Tootsie brings this action to halt and prevent consumer confusion, mistake, and
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`deception as to source, affiliation, or sponsorship of Spunky Pup’s dog treat product caused by
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`Spunky Pup’s infringement of Tootsie’s trademark rights.
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`4.
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`Tootsie seeks both injunctive and monetary relief for Spunky Pup’s deliberate
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`efforts to wrongly profit and otherwise benefit from the goodwill Tootsie has established in its
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`trademarks and trade dress.
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`THE PARTIES
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`5.
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`Plaintiff Tootsie is a limited liability company organized and existing under the
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`laws of Delaware, with its principal place of business at 7401 South Cicero Avenue, Chicago,
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`Illinois 60629.
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`6.
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`On information and belief, Defendant Spunky Pup is a limited liability company
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`organized and existing under the laws of Minnesota, with its principal place of business at 2500
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`Shadywood Road, Suite #700, Orono, Minnesota 55331.
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`JURISDICTION AND VENUE
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`7.
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`Tootsie’s claims are based on the Lanham Act, 15 U.S.C. §§ 1051 et seq., and on
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`the statutory and common law of the State of Illinois, including claims arising under the Illinois
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`Uniform Deceptive Trade Practices Act, 815 ILCS §§ 510/1 et seq.; the Illinois Consumer Fraud
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`and Deceptive Business Practices Act, 815 ILCS §§ 505/1 et seq.; and the Illinois Trademark
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`Registration and Protection Act, 765 ILCS § 1036/65.
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`8.
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`This Court has subject matter jurisdiction over the federal claims in this action
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`pursuant to 28 U.S.C. §§ 1331, 1338, and 15 U.S.C. § 1121, and has subject matter jurisdiction
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`over the state law claims under 28 U.S.C. § 1338(b) and under the supplemental jurisdiction
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`provision of 28 U.S.C. § 1367.
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`9.
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`Venue is proper in this District pursuant to 28 U.S.C. § 1391(b)(2) because a
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`substantial part of the events or omissions giving rise to the claims occurred in this District, and a
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`substantial part of the property that is the subject of the action is situated in this District.
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`10.
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`Personal jurisdiction over the Defendant is proper in this Court in part because
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`Spunky Pup regularly conducts business, directly and indirectly, within the State of Illinois and
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`because the injury caused by Spunky Pup’s illegal activities occurs in this District.
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`11.
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`Personal jurisdiction and venue are also proper in this Court because Spunky Pup
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`intentionally advertises, sells, and provides its infringing goods and services in the State of Illinois
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`and
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`in
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`this District, as demonstrated
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`in
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`the
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`following Spunky Pup webpage,
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`https://spunkypup.com/where-to-buy/ (version attached as Exhibit A (last visited April 14, 2021)):
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`12.
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`As evidenced in Exhibit A, Spunky Pup products are available for sale at several
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`retail locations in this District, including:
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`a. Paw Naturals located at 932 W Monroe Street, Chicago, Illinois 60607;
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`b. Bentley’s Pet Stuff – Wells located at 1201 North Wells Street, Chicago, Illinois
`60610;
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`c. Aeslin Pup Hub located at 1812 W Chicago Ave, Chicago, Illinois 60622;
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`d. Pet Supplies Plus located at 1289 North Milwaukee Avenue, Chicago, Illinois
`60622; and
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`e. Barks N Bites Co located at 702 W 35th Street, Chicago, Illinois 60616.
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`BACKGROUND
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`Plaintiff Tootsie and Its Trademarks and Trade Dress
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`13.
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`Tootsie’s predecessor-in-interest first used the trademark TOOTSIE in United
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`States commerce in the early 1900s. Since then, the trademark TOOTSIE and formatives thereof
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`have been used continuously in the United States by Tootsie and its predecessors, affiliates, and
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`licensees.
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`14.
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`Tootsie is the owner of, among others, the following federally registered trademarks
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`and the U.S. Trademark Registrations for the same:
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`U.S. REG. NO.
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`75,218
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`MARK
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`SUMMARY OF GOODS REG. YEAR
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`Chocolate candy
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`1909
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`292,927
`949,931
`1,369,332
`2,536,259
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`15.
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`TOOTSIE POPS
`TOOTSIE ROLLS
`TOOTSIE ROLL
`TOOTSIE
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`
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`Candy
`Candy
`Candy
`Candy
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`1932
`1973
`1985
`2002
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`Copies of the trademark registration certificates for the above-listed marks are
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`attached as Exhibit B.
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`16.
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`Pursuant to 15 U.S.C. § 1115(b), each of the above-identified registrations
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`constitutes conclusive evidence of the validity of the registered mark and of the registration of the
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`mark, of Tootsie’s ownership thereof, and of Tootsie’s exclusive right to use the mark in commerce
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`in connection with the goods specified in the registration.
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`17.
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`As a result of Tootsie’s extensive advertising, promotion, and use of the marks
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`identified in paragraph 14 for candy and a wide variety of other goods and related services, those
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`marks have become famous source indicators for Tootsie’s products. Hereinafter, these marks shall
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`be referred to as the “TOOTSIE Marks.”
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`18.
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`For many decades, Tootsie has continuously sold its candy in its famous brown
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`cylindrical shape, which consumers identify as a source indicator for Tootsie’s candy product.
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`Tootsie’s product trade dress consists of a cylindrical-shaped brown candy with a length
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`approximately two times its diameter (hereinafter “TOOTSIE Midgee”). The following image is a
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`depiction of Tootsie’s TOOTSIE Midgee candy, with accompanying packaging:
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`19.
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`Tootsie owns U.S. Registration No. 5,552,922 for the TOOTSIE Midgee product
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`configuration trade dress (a copy of the registration certificate is attached as Exhibit C):
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`20. Moreover, for decades Tootsie has sold its candy in “brown-red-and-white” product
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`
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`packaging, as depicted in paragraph 18 above, which packaging has become a famous source
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`indicator for Tootsie’s candy products.
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`21.
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`Essentially the same brown-red-and-white packaging trade dress appears on boxes
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`and pouches containing Tootsie’s candy products, as depicted below. In particular, this trade dress
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`comprises a brown center panel with a red stripe on either side and white ends, with the trademark
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`TOOTSIE ROLL appearing prominently in white Copper Black font centered on the upper half
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`of the package:
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`22.
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`Tootsie’s brown-red-and-white packaging trade dress is inherently distinctive and
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`non-functional, and over many years of extensive promotion and use in commerce it has acquired
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`distinctiveness as an indicator that Tootsie is the source of the candy sold therein.
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`23.
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`Tootsie has licensed its famous trademarks and trade dress to others for use in
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`connection with a variety of goods, including pet products, sold under the TOOTSIE Marks and
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`using the Tootsie product and packaging trade dress. The following images are examples of
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`products sold under license from Tootsie:
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`24.
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`Tootsie’s revenues from products sold in connection with its iconic TOOTSIE
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`Marks and trade dress over the past century, both from its own sales and from licensing fees, have
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`exceeded hundreds of millions of dollars.
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`Defendant Spunky Pup’s Acts of Infringement and Unfair Competition
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`25.
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`26.
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`Spunky Pup is in the business of producing and selling pet toys and treats.
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`Despite Tootsie’s well-established rights in its famous TOOTSIE Marks and trade
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`dress, Spunky Pup, on information and belief, began selling pet treats under the name “TOOTSIE
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`PUPS” at some point in 2020. As shown below, its treats have the same shape as a TOOTSIE
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`Midgee and are packaged in a box that closely copies the Tootsie packaging trade dress, including
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`the prominent wording in the same position and the same white font, the large, dark brown middle
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`panel, and the bright stripes on each side of the panel:
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`27.
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`Spunky Pup’s TOOTSIE PUPS treats are also confusingly similar in shape and
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`
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`color to the TOOTSIE Midgee, being brown and cylindrically shaped with a length approximately
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`two times its diameter. A photo of a single TOOTSIE PUPS treat is below:
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`28.
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`Spunky Pup’s TOOTSIE PUPS product is sold in retail stores and online, and is
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`advertised and promoted on social media sites, such as Facebook and Instagram:
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`29.
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`At no time has Tootsie authorized or licensed Spunky Pup to use Tootsie’s
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`trademarks or trade dress in conjunction with the promotion and sale of its pet treats.
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`30.
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`On February 25, 2021, Tootsie sent a letter to Spunky Pup, demanding, among other
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`things, that in light of its infringement of Tootsie’s intellectual property rights, Spunky Pup
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`immediately cease all sales of its TOOTSIE PUPS product. On March 10, 2021, Spunky Pup
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`responded through counsel, declining to cease its sales.
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`31.
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`On information and belief, Spunky Pup is intentionally engaged in activity that it
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`knows is unlawful and constitutes infringement and dilution of the TOOTSIE Marks and Tootsie
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`trade dress, and unfair competition under federal and state law.
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`32.
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`The natural, probable, and foreseeable result of Spunky Pup’s wrongful conduct is
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`consumer confusion, deception, and mistake in the marketplace, dilution of the value of the
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`TOOTSIE Marks and Tootsie trade dress, potential irreparable harm to Tootsie’s reputation and
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`goodwill, and likewise irreparable injury to Tootsie’s relationships with existing and prospective
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`consumers.
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`33.
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`Tootsie has sustained, and will continue to sustain, such damages as a result of
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`Spunky Pup’s wrongful conduct.
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`34.
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`On information and belief, Spunky Pup has engaged in these unlawful activities
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`knowingly and intentionally, and with reckless disregard for Tootsie’s rights in its trademarks and
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`trade dress.
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`COUNT I
`FEDERAL TRADEMARK INFRINGEMENT
`(15 U.S.C. § 1114)
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`35.
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`36.
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`The allegations of the preceding paragraphs are incorporated by reference herewith.
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`Tootsie is the owner of the trademark registrations listed in paragraph 14, above,
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`and U.S. Registration No. 5,552,922 for its TOOTSIE Midgee product configuration trade dress.
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`37.
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`The pet treats sold under the TOOTSIE PUPS mark are related to the pet items
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`offered by Tootsie’s licensees under one or more of the TOOTSIE Marks, as both these pet
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`products are likely to be encountered by the same classes of consumers in the same shopping
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`environment or channel of trade.
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`38.
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`Spunky Pup’s use of the mark TOOTSIE PUPS is confusingly similar to Tootsie’s
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`TOOTSIE Marks, and is likely to cause confusion, mistake, and deception as to the source of
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`Spunky Pup’s product.
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`39.
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`Spunky Pup’s sale of dog treats in a size and shape identical to Tootsie’s TOOTSIE
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`Midgee registered product configuration trade dress is likely to cause confusion, mistake, and
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`deception as to the source of Spunky Pup’s product.
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`40.
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`Spunky Pup’s acts and conduct complained of herein constitute willful trademark
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`infringement in violation of Section 32(1) of the Lanham Act, 15 U.S.C. § 1114.
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`41.
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`Spunky Pup’s unlawful actions have injured and will continue to injure Tootsie
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`irreparably and have caused and will cause Tootsie to suffer substantial damage, for which damage
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`and injury exists no adequate remedy at law.
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`COUNT II
`FEDERAL UNFAIR COMPETITION
`(15 U.S.C. § 1125(a))
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`42.
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`43.
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`The allegations of the preceding paragraphs are incorporated by reference herewith.
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`The TOOTSIE Marks are entitled to protection due to, among other things,
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`Tootsie’s exclusive and continuous use of the TOOTSIE Marks for decades.
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`44.
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`Tootsie has invested substantial time, effort, and resources in promoting its
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`TOOTSIE Marks, its TOOTSIE Midgee product configuration trade dress, and its brown-red-and-
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`white packaging trade dress. As a result, its marks and trade dress are famous as distinctive source
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`indicators for Tootsie’s product and embody substantial and valuable goodwill.
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`45.
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`Spunky Pup, by using the mark TOOTSIE PUPS without Tootsie’s authorization,
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`has deliberately traded upon and taken advantage of the recognition, goodwill, and business
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`reputation that Tootsie has developed, through decades of effort, in connection with its TOOTSIE
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`Marks.
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`46.
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`Spunky Pup, by using trade dress copied from and confusingly similar to Tootsie’s
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`trade dress, is unfairly benefiting from Tootsie’s investment in its distinctive trade dress and from
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`the reputation and goodwill that Tootsie has cultivated through its highly successful marketing and
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`promotion of its candy products incorporating that trade dress.
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`47.
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`Spunky Pup’s use of the TOOTSIE PUPS mark, and the copied product design and
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`packaging, is causing and will continue to cause, confusion, mistake, or deception as to the source,
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`origin, or sponsorship of Spunky Pup’s products because consumers and others are likely to
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`wrongly believe that Spunky Pup’s products are created, sponsored, approved, licensed, or are
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`otherwise affiliated or in some way legitimately connected with Tootsie all to Tootsie’s harm.
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`48.
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`Tootsie has no control over the quality of goods offered by Spunky Pup, and
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`because of the consumer confusion as to the source, origin, or sponsorship engendered by Spunky
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`Pup, the valuable goodwill and business reputation associated with the TOOTSIE Marks and trade
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`dress are at the mercy of Spunky Pup.
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`49.
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`Spunky Pup’s acts complained of herein constitute willful trademark infringement
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`and false designation of origin, association, and endorsement in violation of Section 43(a) of the
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`Lanham Act, 15 U.S.C. § 1125(a).
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`50.
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`Spunky Pup’s unlawful actions have injured and will continue to injure Tootsie
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`irreparably and have caused Tootsie to suffer substantial damages, for which damage and injury
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`there exists no adequate remedy at law.
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`51.
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`Spunky Pup’s conduct also has caused and will cause monetary damages to
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`Tootsie, in an amount to be proven at trial.
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`COUNT III
`DILUTION BY BLURRING
`(15 U.S.C. § 1125(c))
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`52.
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`The allegations of the preceding paragraphs are incorporated by reference herewith.
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`53.
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`Each of the TOOTSIE Marks were distinctive and famous at the time Spunky Pup
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`began using the TOOTSIE PUPS mark.
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`54.
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`Tootsie’s product configuration trade dress and its packaging trade dress were each
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`distinctive and famous at the time Spunky Pup began selling product under the TOOTSIE PUPS
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`mark and in the copied shape and packaging.
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`55.
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`Spunky Pup’s activities complained of herein have diluted and will continue to
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`dilute the distinctive quality of Tootsie’s famous marks and trade dress, in violation of 15 U.S.C.
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`§ 1125(c).
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`56.
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`As a direct and proximate cause of Spunky Pup’s willful and deliberate conduct,
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`Tootsie has been damaged by Spunky Pup’s actions in an amount to be proven at trial.
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`57.
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`Tootsie has been and continues to be damaged by Spunky Pup’s dilution of the
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`distinctiveness of the TOOTSIE Marks and trade dress in a manner that cannot be fully measured
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`or compensated in economic terms, and for which there is no adequate remedy at law.
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`COUNT IV
`ILLINOIS UNIFORM DECEPTIVE TRADE PRACTICES ACT
`(815 ILCS §§ 510/1 ET SEQ.)
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`58.
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`59.
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`The allegations of the preceding paragraphs are incorporated by reference herewith.
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`Tootsie conducts business in the State of Illinois under its TOOTSIE Marks,
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`TOOTSIE Midgee trade dress, and brown-red-and-white packaging trade dress. As shown above,
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`Tootsie’s TOOTSIE Marks, TOOTSIE Midgee trade dress, and brown-red-and-white packaging
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`trade dress became famous in the State of Illinois, and Tootsie uses each to identify its goods and
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`to distinguish them from the goods of others.
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`60.
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`Spunky Pup sells its TOOTSIE PUPS products in Illinois. Those sales have caused,
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`and will continue to cause, a likelihood of confusion or misunderstanding as to, among other
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`things, the source, sponsorship, approval, connection, or affiliation of Spunky Pup’s TOOTSIE
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`PUPS dog treats.
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`61.
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`Upon information and belief, Spunky Pup adopted the mark TOOTSIE PUPS for
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`its dog treat products, and the design of those products and their packaging, with full knowledge
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`of Tootsie’s rights and with intent to trade on Tootsie’s goodwill and reputation.
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`62.
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`Spunky Pup’s actions described above constitute a violation of the Illinois Uniform
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`Deceptive Trade Practices Act, 815 ILCS §§ 510/1-7.
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`63.
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`Unless Spunky Pup’s unauthorized activities are enjoined, there will continue to be
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`confusion or misunderstanding between Spunky Pup’s TOOTSIE PUPS and Tootsie’s products
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`offered under the TOOTSIE Marks and trade dress.
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`COUNT V
`ILLINOIS CONSUMER FRAUD AND DECEPTIVE BUSINESS PRACTICES ACT
`(815 ILCS §§ 505/1 ET SEQ.)
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`64.
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`65.
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`The allegations of the preceding paragraphs are incorporated by reference herewith.
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`Spunky Pup has misappropriated and unlawfully exploited the valuable property
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`rights and goodwill of Tootsie in its TOOTSIE Marks, TOOTSIE Midgee trade dress, and brown-
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`red-and-white packaging trade dress.
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`66.
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`By these actions, Spunky Pup unfairly competes with Tootsie and deceives
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`consumers for Spunky Pup’s profit and to Tootsie’s detriment.
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`67.
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`Spunky Pup’s actions described above constitute a violation of the Illinois
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`Consumer Fraud and Deceptive Business Practices Act, 815 ILCS §§ 505/1-12.
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`68.
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`As a result of these actions, Tootsie has been damaged and, unless Spunky Pup’s
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`infringing activities are enjoined, Tootsie will continue to suffer irreparable injury to its property
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`and goodwill, and Spunky Pup will be unjustly enriched thereby.
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`COUNT VI
`ILLINOIS TRADEMARK REGISTRATION AND PROTECTION ACT
`(INJURY TO BUSINESS REPUTATION; DILUTION)
`(765 ILCS §§ 1036/65)
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`69.
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`70.
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`The allegations of the preceding paragraphs are incorporated by reference herewith.
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`Tootsie conducts substantial business in the State of Illinois under its TOOTSIE
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`Marks, TOOTSIE Midgee trade dress, and brown-red-and-white packaging trade dress. As shown
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`above, Tootsie’s TOOTSIE Marks, TOOTSIE Midgee trade dress, and brown-red-and-white
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`packaging trade dress became famous in the State of Illinois prior to Spunky Pup’s offering of its
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`TOOTSIE PUPS dog treats.
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`71.
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`72.
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`Spunky Pup sells its TOOTSIE PUPS products in Illinois.
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`Spunky Pup’s actions have diluted the distinctive quality of Tootsie’s TOOTSIE
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`Marks, TOOTSIE Midgee trade dress, and brown-red-and white packaging trade dress, resulting
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`in irreparable harm to Tootsie, all in violation of the Illinois Trademark Registration and Protection
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`Act, 765 ILCS § 1036/65.
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`73.
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`Upon information and belief, Spunky Pup adopted the mark TOOTSIE PUPS for
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`its dog treat products, and the design of those products and their packaging, with full knowledge
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`of Tootsie’s rights and with intent to trade on Tootsie’s goodwill and reputation—i.e., Spunky Pup
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`had a willful intent to trade on Tootsie’s reputation.
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`74.
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`Unless Spunky Pup’s unauthorized activities are terminated, it will continue to
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`dilute the distinctive quality of Tootsie’s TOOTSIE Marks, TOOTSIE Midgee trade dress, and
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`brown-red-and-white packaging trade dress, and will inevitably diminish the value of said marks
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`and the goodwill associated therewith.
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`COUNT VII
`ILLINOIS COMMON LAW UNFAIR COMPETITION
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`75.
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`The allegations of the preceding paragraphs are incorporated by reference herewith.
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`Case: 1:21-cv-01997 Document #: 1 Filed: 04/14/21 Page 16 of 18 PageID #:16
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`76.
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`Spunky Pup’s unauthorized use of Tootsie’s TOOTSIE Marks, TOOTSIE Midgee
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`trade dress, and its packaging trade dress is designed to unfairly compete with Tootsie, in at least
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`to usurp any licensing fees Tootsie may make on sales of pet products sold under the TOOTSIE
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`Marks and using the Tootsie product and packaging trade dress, to the detriment of Tootsie.
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`77.
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`As a result of Spunky Pup’s unauthorized use of Tootsie’s Marks and trade dress
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`described above, Spunky Pup has misappropriated valuable property rights of Tootsie, is trading
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`on the goodwill symbolized by Tootsie’s distinctive trade dress, and is thereby likely to confuse
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`and deceive members of the relevant purchasing public, all in violation of the common law of
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`Illinois.
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`78.
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`79.
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`Spunky Pup has willfully engaged in acts of unfair competition.
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`Spunky Pup’s acts described in this Count have caused, and will continue to cause,
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`unless restrained by this Court, serious, irreparable injury for which Tootsie has no adequate
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`remedy at law.
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`REQUEST FOR RELIEF
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`WHEREFORE, Tootsie prays for judgment on the claims of its Complaint as follows:
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`A.
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`That Spunky Pup and its subsidiaries, affiliates, officers, directors, employees, and
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`all others acting in concert with each and all of them, be preliminarily and permanently enjoined
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`from using the mark TOOTSIE PUPS and, any similarly confusing marks, and from using trade
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`dress confusingly similar to Tootsie’s TOOTSIE Midgee trade dress, and Tootsie’s product
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`packaging trade dress (“Enjoined Activities”);
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`B.
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`That Spunky Pup and its subsidiaries, affiliates, officers, directors, employees, and
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`all others participating in Spunky Pup’s sales, promotional, advertising, and marketing activities,
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`be directed to deliver up and surrender within 15 days of judgment herein all promotional,
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`Case: 1:21-cv-01997 Document #: 1 Filed: 04/14/21 Page 17 of 18 PageID #:17
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`advertising, and marketing materials bearing the TOOTSIE PUPS trademark or the copied trade
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`dress;
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`C.
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`That Tootsie be awarded compensatory and consequential damages in an amount
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`to be determined at trial;
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`D.
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`E.
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`That the damages award to Tootsie be trebled;
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`That Spunky Pup be directed to provide an accounting of all sales of goods made
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`in connection with its infringing activities; and that Spunky Pup be required to account for all
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`gains, profits and advantages derived by Spunky Pup on or in connection with its infringing
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`activities;
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`F.
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`That Spunky Pup be ordered to pay Tootsie’s costs incurred herein, including but
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`not limited to reasonable attorneys’ fees; and
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`G.
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`That such other and further relief be awarded to Tootsie that may be deemed just,
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`proper, and equitable.
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`DEMAND FOR JURY TRIAL
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`Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Tootsie hereby demands a
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`trial by jury on all issues so triable that are raised herein or that hereinafter may be raised in this
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`action.
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`Case: 1:21-cv-01997 Document #: 1 Filed: 04/14/21 Page 18 of 18 PageID #:18
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`Date: April 14, 2021
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`/s/ James R. Nuttall
`John L. Strand (General Bar No. 90785709)
`John L. Welch (pro hac to be filed)
`Kira-Khanh McCarthy (pro hac to be filed)
`jstrand@wolfgreenfield.com
`jwelch@wolfgreenfield.com
`kkmccarthy@wolfgreenfield.com
`WOLF, GREENFIELD & SACKS, P.C.
`600 Atlantic Avenue
`Boston, MA 02210
`(617) 646-8000 Phone
`(617) 646-8646 Fax
`
`James R. Nuttall
`Daniel F. Gelwicks
`Candice J. Kwark
`jnuttall@steptoe.com
`dgelwicks@steptoe.com
`ckwark@steptoe.com
`STEPTOE & JOHNSON LLP
`227 West Monroe Street, Suite 4700
`Chicago, IL 60606
`(312) 577-1300 Phone
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`Counsel for Tootsie Roll Industries, LLC
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