UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION
THREE RIVERS ARCHERY
SUPPLY, INC., DALE KARCH,
and SANDRA KARCH,
PLAINTIFFS
VS.
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) CASE NO.: 1
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PARKER COMPOUND BOWS, INC., )
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DEFENDANT )
COMPLAINT
The Plaintiffs, Three Rivers Archery Supply, Inc. , Dale Karch, and Sandra Karch
(collectively referred to as "Plaintiffs"), for their Complaint, herein allege:
NATURE OF ACTION
1. This is . an action for , inter alia, trademark infringement, unfair competition, and
false designation of origin to recover damages, and costs, including reasonable attorney fees,
from Defendant for the injuries Plaintiffs have suffered and will continue to suffer as a
consequence of Defendant ' s actions.
PARTIES
2. Three Rivers Archery Supply, Inc. (hereafter "Three Rivers Archery") is a
Wisconsin corporation having its principal place of business at 607 HL Thompson JR Drive,
Ashley, Indiana 46705.
{25478/002/00 134654-3AN H)
case 1:12-cv-00390-PPS-RBC document 1 filed 11/07/12 page 1 of 16
3. Dale Karch is a citizen of the State of Indiana having his principal place of
residence in Steuben County, Indiana.
4. Sandra Karch is a citizen of the State of Indiana having her principal place of
residence in Steuben County, Indiana.
5. Parker Compound Bows, Inc. (hereafter "Parker"), on information and belief, is
a Virginia corporation having an office and principal place of business at 3022 Lee Jackson
Highway, Staunton, Virginia 2440l.
JURISDICTION AND VENUE
6. This action arises and is brought under the trademark laws of the United States, 15
U. S. C. 1111, et seq. This action also arises and is brought under Indiana law.
7. This Court has jurisdiction by virtue of 15 U.S.c. 1121 and 28 U.S.c. 1331
and 1338.
8. This Court also has supplemental jurisdiction over the state and common law
claims pursuant to 28 U.S.c. 1367 in that the state and common law claims form part of the
same controversy as the claims arising under the trademark laws of the United States.
9. The Court also has original jurisdiction over the common law unfair competition
claims pursuant to 28 U.S.c. 1338(b) in that the claims are joined with substantial and related
claims arising under the trademark laws of the United States.
10. Venue is appropriate in this district in accordance with 28 U.S.c. 139l.
11. On information and belief, Parker has been conducting continuous and systematic
business by marketing and selling infringing bows and related materials and equipment within the
State of Indiana and within the Northern District of Indiana.
{25478/002/00134654-3ANH) 2
case 1:12-cv-00390-PPS-RBC document 1 filed 11/07/12 page 2 of 16
12. Parker is transacting business and has committed illegal acts hereinafter
complained of in the Northern District of Indiana .
. BACKGROUND STATEMENT
13. Dale Karch and Sandra Karch purchased Three Rivers Archery in 1999, and Three
Rivers Archery has for many years manufactured and sold a variety of archery bows, archery
supplies, and related equipment. Three Rivers Archery bows, supplies, and related equipment
are distributed and sold within this district and throughout the United States and world under
various trademarks of Dale Karch, Sandra Karch, and Three Rivers Archery.
14. Three Rivers Archery and Parker are competitors for the same customers In
connection with archery bows, supplies, and related equipment.
15. Parker has been and is currently distributing and selling products, including
archery bows, supplies, and related equipment, which compete with the archery bows, supplies,
and related products of Three Rivers Archery.
16. Parkers sells its archery equipment and bows in the same channels of trade that
Three Rivers Archery sells its archery equipment and bows in competition with Three Rivers
Archery.
17. Parker is using and/or has used a trademark in connection with Parker's sale of
bows that uses a name identical to a registered trademark of Dale Karch and Sandra Karch for
bows.
(25478/002/00134654-3ANH) 3
case 1:12-cv-00390-PPS-RBC document 1 filed 11/07/12 page 3 of 16
COUNT I
FEDERAL TRADEMARK INFRINGEMENT (15 U.S.C. 1114)
(U.S. TRADEMARK REGISTRATION NO. 3,156,258)
18. Plaintiffs repeat and reallege the allegations contained in paragraphs 1 through 17
of this Complaint.
19. Dale Karch and Sandra Karch are the owners of United States Trademark
Registration No.3, 156,258 issued by the United States Patent and Trademark Office on the
Principal Register on October 17, 2006, for "Tomahawk Bows." A copy of this registration is
attached hereto as Exhibit A.
20. Trademark Registration No.3, 156,258 remains in full force and effect.
21. Dale Karch and Sandra Karch, through their business of Three Rivers Archery,
use the registered trademark to designate the source of Three Rivers Archery bows, and other
goods and services related thereto. Three Rivers Archery's use of the registered trademark has
been substantial and continuous for many years.
22. As a result of substantial sales and advertising by Three Rivers Archery of the
Tomahawk Bows trademark, the registered trademark has been favorably known to the public and
the trade, and the trademark identifies and distinguishes the source of origin of the Three Rivers
Archery bows. Dale Karch and Sandra Karch's registered mark represents a valuable and
irreplaceable asset of theirs and their business, Three Rivers Archery (hereafter "Three Rivers
Archery Mark" or "Tomahawk Mark").
23. Parker uses or has used the identical mark or a confusingly similar mark in
connection with the sale of Parker bows. Parker has used such mark in connection with the sale
of Parker bows as shown in at least Parker's marketing materials for its Tomahawk bows,
{25478/002/00134654-3ANH} 4
case 1:12-cv-00390-PPS-RBC document 1 filed 11/07/12 page 4 of 16
attached hereto as Exhibit B, that do not originate from Dale Karch, Sandra Karch, or Three
Rivers Archery.
24. Parker has willfully and deliberately infringed and sought to appropriate to
themselves the goodwill associated with the Three Rivers Archery Mark by advertising, offering
for sale and selling in interstate commerce bows using the Tomahawk Mark in the sale and
advertising of bows as shown in Exhibit B.
25. Parker has willfully and deliberately infringed and sought to appropriate unto itself
the Three Rivers Archery Mark by advertising, offering for sale and selling in interstate
commerce bows through the use of the Tomahawk Mark and/or confusingly similar marks.
26. The aforesaid acts and conduct of Parker have caused confusion, mistake and
deception as to the source, origin or sponsorship of Parker's bows.
27. Parker is trading and has traded on Three Rivers Archery's goodwill and
reputation for furthering Parker's business.
28. By reason of the aforesaid acts of infringement by Parker, Plaintiffs have been
damaged, and they will need a full and complete accounting and relevant information in order to
determine the extent of their damages.
COUNT II
FEDERAL UNFAIR COMPETITION/FALSE DESIGNATION OF ORIGIN
(15 U.S.C. 1125)
29. Plaintiffs repeat and reallege the allegations of paragraphs 1 through 28 of this
Complaint.
30. Dale Karch and Sandra Karch have used the registered trademark in commerce
since at least as early as 1995 and commenced using the registered trademark in commerce
{25478/002/00 J 346543ANH} 5
case 1:12-cv-00390-PPS-RBC document 1 filed 11/07/12 page 5 of 16
through their business Three Rivers Archery in 1999, and are presently using the Tomahawk
Mark, on or in connection with Three Rivers Archery bows, and in connection with advertising
literature and manuals for the Three Rivers Archery bows to properly designate Three Rivers
. Archery as the source of origin of the Three Rivers Archery Tomahawk Bows.
31. As a result of substantial sales and advertising, and use over a substantial period of
time, the Tomahawk Mark has become favorably known to the public and the trade, and identifies
and distinguishes the source of the Three Rivers Archery Tomahawk Bows.
32. Parker uses and/or has used the registered trademark and/or a confusingly similar
to trademark, in connection with the sale of bows, as shown in Exhibits A and B, that do not
originate from Three Rivers Archery.
33. Parker has willfully and deliberately infringed and sought to appropriate the
Tomahawk Mark by using marks identical to, or confusingly similar to, the registered trademark
in connection with the advertising, offering for sale and sale of bows in interstate commerce that
do not originate from Three Rivers Archery.
34. Parker's activities constitute use of a false designation of origin in interstate
commerce, which wrongfully and falsely designates, describes or represents the origin of
Parker's products, services, and information as originating from or being connected with Three
Rivers Archery, and is likely to cause confusion as to Parker's affiliation, connection, or
association with Three Rivers Archery or as to the origin, sponsorship, or approval of Parker's
products by Three Rivers Archery.
35. Parker's acts are a violation of 15 U.S.c. 1125 in that Parker has used a false
designation of origin, or a false description or representation, and has caused such wrongfully and
falsely designated products to enter into commerce.
{25478/002/00134654-3ANH} 6
case 1:12-cv-00390-PPS-RBC document 1 filed 11/07/12 page 6 of 16
36. Parker has infringed Dale Karch and Sandra Karch's registered trademark as
alleged herein with the intent to deceive the public into incorrectly believing that bows sold by
Parker are made, approved, or sponsored by Three Rivers Archery or affiliated with Three Rivers
Archery. Parker's acts as alleged herein were committed with the intent to deceive and defraud
the public.
37. The aforesaid acts and conduct of Parker are in violation of 15 U.S.C. 1125 and
are likely to cause confusion, mistake and deception as to the source, origin, or sponsorship of
Parker's bows.
38. Parker has unfairly competed with Three Rivers Archery by the acts complained
of, has done so intentionally, and has caused damage to Three Rivers Archery.
COUNT III
COMMON LAW TRADEMARK INFRINGEMENT/FALSE DESIGNATION OF ORIGIN
39. Plaintiffs repeat and reallege the allegations contained in paragraphs 1 through 38
of this Complaint.
40. Dale Karch and Sandra Karch have used the designation "Tomahawk Bows" for at
least 17 years in interstate commerce, and Three Rivers Archery uses the designation "Tomahawk
Bows" in connection with its bows and has done so continuously for at least 12 years in interstate
commerce. The Tomahawk Mark used in conjunction with the marketing, sale and distribution
of bows has come to have a secondary meaning indicative of origin, relationship, sponsorship,
and/or association with Three Rivers Archery. Three Rivers Archery's use of the trademark
designation in connection with its bows has entitled Three Rivers Archery to trademark rights in
the common law, in Indiana and nationwide.
{25478/002/00 134654-3ANH} 7
case 1:12-cv-00390-PPS-RBC document 1 filed 11/07/12 page 7 of 16
41. Parker has sold and marketed bows under the designation "Tomahawk" in direct
competition to the goods of Three Rivers Archery marketed under the trade name "Tomahawk
Bows. " As a result, the purchasing public is likely to attribute to Parker's use of the Parker
designations that are confusingly similar to Three Rivers Archery's "Tomahawk Bows" mark in
connection with bows as a source, authorization and/or sponsorship of Parker's goods and
services, and therefore, to utilize Parker's goods and services in that erroneous belief.
42. Upon information and belief, Parker has intentionally appropriated the Three
Rivers Archery Mark by use of confusingly similar designation with the intent of unfairly
competing and causing confusion, mistake, and deception as to the source, relationship,
sponsorship, and/or association of Parker's goods, and, as such, Parker has committed trademark
infringement under the common law .
43. The aforesaid acts and conduct of Parker are in violation of 15 U.S .c. 1125 and
are likely to cause confusion, mistake and deception as to the source, origin, or sponsorship of
Parker's bows.
44. Parker's use of the Tomahawk Mark has caused, is causing and will continue to
cause damage to Dale and Sandra Karch and their business, Three Rivers Archery, its business,
reputation and goodwill and has caused Plaintiffs to suffer monetary damages.
COUNT IV
COMMON LAW UNFAIR COMPETITION
45. Plaintiffs repeat and reallege the allegations contained in paragraphs 1 through 44
of this Complaint.
46. Parker has used the Tomahawk Mark to confuse actual and potential customers of
Three Rivers Archery as to the source of Parker ' s product.
{2 5478/002/00134654-3ANH} 8
case 1:12-cv-00390-PPS-RBC document 1 filed 11/07/12 page 8 of 16
47. Parker's deceptive business practices, infringement, and unfair competition have
been committed with the intent to cause confusion, to cause mistake, and to deceive.
48. Parker has unfairly competed with Three Rivers Archery by the acts complained
of, has done so intentionally, and has caused and will continue to cause damage to Plaintiffs.
PRA YER FOR RELIEF
WHEREFORE, the Plaintiffs, Three Rivers Archery Supply, Inc., Dale Karch, and
Sandra Karch, request that this Court:
A. Require Parker to pay such damages as Plaintiffs have sustained in consequence of
Parker's trademark infringement, unfair competition, and false designation of origin;
B. Require Parker to disgorge all profits sustained in consequence of Parker's
unlawful actions;
C. Award to Plaintiffs an increase in the award of damages up to three times the
amount found for deliberate and willful trademark infringement, and unfair competition by Parker
pursuant to 15 U.S.c. 1117(a);
D. Award to Plaintiffs their damages in such sum as the Court shall find to be just as
the result of Parker's acts complained of herein;
E. Require Parker to pay the costs of this action together with Plaintiffs' attorney fees,
costs and disbursements incurred herein;
F. Award to Plaintiffs prejudgment and post-judgment interest; and
G. A ward to Plaintiffs such other and further relief as this Court deems just and
equitable.
{25478/002/00 I34654-3ANH} 9
case 1:12-cv-00390-PPS-RBC document 1 filed 11/07/12 page 9 of 16
JURY DEMAND
Plaintiffs demand a trial by jury on aU matters decidable by a jury.
HALLER & COLVIN, P.C.
ATTORNEYS FOR PLAINTIFFS
444 EAST MAIN STREET
FORT WAYNE, INDIANA 46802
TELEPHONE: (260) 426-0444
FAX: (260) 422-0274
EMAIL: hbrady@hallercolvin.com
BY: rN tr4<;A, ~ 4 1 > z A ,/
HOLL . BRADY Y
J.D. #18227-02-A
MELANIE L. FARR
J.D. #20951-02
TODD T. TAYLOR, J.D. #16531-02
TAYLORIP
ATTORNEYS FOR PLAINTIFFS
142 SOUTH MAIN STREET
P.O. BOX 560
A VILLA, INDIANA 46710
TELEPHONE: (260) 897-3400
FAX: (260) 897-9300
{25478/002/0 01 34654-3ANH 1 10
case 1:12-cv-00390-PPS-RBC document 1 filed 11/07/12 page 10 of 16
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TOMAHAWK BOWS
Word Mark TOMAHAWK BOWS
Goods and Services IC 028. US 022023038050. G & S: Archery bows. FIRST USE: 19910101. FIRST USE
IN COMMERCE: 19950101
Standard Characters
Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 78495842
Filing Date October 6,2004
Filing Basis 1A
Original Filing Basis 1A
Published for
Opposition
July 25, 2006
Registration Number 3156258
Registration Date October 17, 2006
Owner (REGISTRANT) Karch, Dale INDIVIDUAL UNITED STATES 355 Lane 100 Pine Canyon
Lake Angola INDIANA 46703
(REGISTRANT) Karch, Sandra INDIVIDUAL UNITED STATES 355 Lane 100 Pine
Canyon Lake Angola INDIANA 46703
Attorney of Record Todd T. Taylor
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "BOWS" APART FROM THE
MARK AS SHOWN
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR).
http://tess2. uspto .gov /binlshowfield ?f=doc&state=4002:8Ihrhv.2.1 4116/2012
EXHIBIT A
case 1:12-cv-00390-PPS-RBC document 1 filed 11/07/12 page 11 of 16
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EXHIBIT
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case 1:12-cv-00390-PPS-RBC document 1 filed 11/07/12 page 14 of 16
.Parker Bows - Crossbows Page 1 of2
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CROSSBOWS COMPOUND BOWS RED HOT ACe. VIDEOS & FAQ MEDIA ABOUT WHERETO BUY
Uk. 6k Recommend . 6
_. ..
nle TomBllifWk is the Fastest, lightest and most Compact crosslx)l'l on the market.
ASSEMBLY
The Tomahawk fealIJres Parker's an new and prop"1e1i1ry AdvanCl!d Spin Umb Tedlnology with integrated Fulcrum Pocket System making
ultra compact while huring arrows downrange at over 320 Feet Per Second (FPS). With Ihe BuD' Pup bigger and eJ9OIlOmlc textured
pistol gnp, the Tomahawk Is easy to maneuver In a treestand or ground blind. At mere 6.5 Ibs, the Tomahawk is also iJ1tra
and Optimally Balanced fer a steadier aim on the target Parker's highly anHelpated new EZ Pull SYStem has been engineered Into each
2012 ao5Sbow, reductng the OJd<Ing effort by ave< 50%, when palrai with the RED HOT EZ Roller Rope Cod<er, this system makes Parker
c:rossbows the easiest to cock bl the Industry.
The Tomahawk Includes a Fotr fi.rrow Quick Detach Quiver, Four Arro\'lS with Field Points, and is avaliable In tYlO optics pac'MlQes: (1) 3 x
32 Scope. (2) Illuminated 3 x 32 Sccpe.
SpeCifications
Features Ught Weight, Ultra Compact Design
Advanced Split Limb Technology
G2 13l1I1-PupTrigger
- Auto-engage, Ambidextrous Safety
- Auto-engage Anti Dry-fire Mechanism
Vented Forearm ",Ith Safety Finger Flange
Opomal Balance Point for Improved Accuracy
RED HOT String
Arrow Alignment WARNINGI Without proper alignment of boll and nock, a dry-nre could occur.
Use ONLY Red Hot or Parker Hunter Arrows In Parker Crossbows.
Use Necks or Capture Nocks ONLY
Load Arrow Correctly - Proper Nock Alignment and Full Contact with String.
COCk Vane should be In a downward vertical position in the track; nock groove should be
horizontal with the string.
Use 400 grain Arrows
Inspect Arrow and Nock for damage BEFORE each shot
Avoid ALL Gestrue;tions when shooting.
Outfitter Package Optlon of Optic:
Accessories
3X Multi-Reticle Scope
, 3X Illuminated Multl-Retlcle Scope
Ali packages Include 4 Arrow Quick Detach Quiver and 4 Arrows with Field Points
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case 1:12-cv-00390-PPS-RBC document 1 filed 11/07/12 page 15 of 16
Parker Bows - Crossbows Page 2 of2
Draw Weight 160 Ibs
Power Stroke 10.75"
Arrow Speeds 32.0 FPS
Speed with 20, 400 grain totol weight carbon arrow
Riser Machined Aluminum
Barrel Ballistic Polymer
Stock Length 34.25"
Axle to Axle Width 20.375
Mass Weight 6.S Ibs
String RED HOT Synthetic
MAP $499.95 Outfitter with Multi-Reticle Scope
$549.95 Outfitter with Illuminated Multi Retlde Scope
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