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case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 1 of 44

STATE OF rNDIANA )
I SS IN THE liU'yfANOE CIRCUIT COURT
COUNTY OF TIPPECANOE
}
THE TRUSTEES OF ) r..,,- ')...
L\,l 1 Lulu
"lo'n
PURDUE UNIVERSITY )
)
-,
Plaintiff, ) C:;:::.!t
)
v. ) CAUSE NO. 79C01-\ 0 I O-PL-00041
)
) 1. Date of 12 -!Ia
REINKE SPORTS GROUP, LLC,
) 2Time of Service:
DEAN REINKE, and ) 3: SeNer Initials:
ALLSPORTCENTRALCOM, INC) 4, Server Signature:
Defendants. )

FIRST AMEl\roED COMPLAINT

Comes now The Trustees of Purdue University, by counsel, and files this First Amended

Complaint against the Defendants, Reinke Sports Group, LLC, Dean Reinke, and

AI:LSPORTCENTRAL.COM, INC and alleges and says:

Pal"ties

Plaintiff, the Trustees of Purdue University ("University"), is a corporate body

created by and existing under statutes of the State of Indiana including Chapter 6, Section 4, 1869

Acts (Special Session of the Indiana General Assembly), codified as Ind. Code § 21-23-2-2.

Plaintiff is charged by law with responsibility for operating Purdue University, and is authorized

and empowered to perfonn all acts necessary and expedient to put and to keep the University in

operation.
case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 2 of 44

2. Purdue lJniversily is un;educatiDnal institution of higher learning belonging to the

State of Indiana and was created by ann is under various statutes of the State of Indiana,

including Chapter 45 of the 1865 Acts of the Indiana General Assembly and Chapter 6 of the

1869 Acts (Specjal Session or the Indiana General Assembly), codified as Ind. Code § 21-23-2-1

lnd Code § 21-27-7-1

3. Reinke SP0l1S Group, LLC ("RSG") is a Florida limited liability company with its

principal office located at 1531 Dale Avenue, Winter Park, FL 32789.

4. Dean Reinke is the manager of RSG. The University is informed and believes and

based thereon alleges that RSG is in admmistrative dlssolution by the Florida Secretary of Slate.

As a result, it is believed that Dean Reinke is legally answerable in his individual capacity for his

persona! conduct herein alleged. Dean Reinke is named as an individual defendant for the

additional reason that he is a necessary party to afford the University complete prospective

injunctive relief Dean Reinke IS named as an individual defendant for the additional reason that,

on occasions material to the matters alleged herein, he has not limited his activities to his role as

manager of RSG. Dean Reinke and RSG are sometimes together referred to as the "Reinke

Defendants" in this complaint.

5. ALLSPORTCENTRALCOM, INC. is a South Dakota corporation with its

principal office at 300 N. Phillips Avenue, Suite 200, Sioux Falls, SD 57104.

6. As further alleged below, the Reinke Defendants are doing business in Indiana by

organizing a half marathon race originally announced for Tippecanoe County, Indiana.

ALLS PO RTCENTRAL. COM is doing business in Indiana by hDsting a website open to the

public, including residents of Indiana, whereby runners can register for a race that

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ALLSPORTCENTRAL.COM promotes <IS a Tippecnnoe County event. In connection with the

Event, the president of ALLSPORTCENTRAL.COM contends that his film met with the Reinke

Defendants in Lafayette, Indiana. Each of the Defendants is subject to the personal jurisdiction of

the courts of this state, and venue is proper in this COUli.

Gcnct'at Allegations

7. The University has developed cCl1ain trademarks and service marks that clearly

identifY Purdue University as wcll as goods and services provided by the Univcrsity ("Purdue

Marks").

8. The University has numerous federal trademark registrations for the Purdue

Marks, including but not limited to a federal trademark registration for "Purdue UniversityJP"

(registration # 2367443) in intemational class 41 for providing courses of instruction at the

college or post-graduate level; and entertainment in the nature of athletic games, musical concerts,

theatre pertormances, and public speakers. See registration certificate attached as Exhibit A The

validity of this registration, the University's ownership ofthls mark, and the University's exclusive

right to use this mark in commerce for the specified services are incontestable under 15 U.S.CA

§§ 1065 and 11l5(b).

9. The Reinke Defendants are in the business of organizing foot races in various

cities.

10. In late 2009, the Reinke Defendants announced their intention to hold a foot racing

event called "Home of Purdue Half Marathon" ("Event") in the Lafayette-West-Lafayette area in

October 2010_ Since then the Reinke Defendants andALLSPORTCENTRALCOM, INC. have

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promoted the Event through two internet websites,

("Event Website I ") and homeofj)Uf9uehm.com ("Event Website 2")

Il. The Reinke Defendants asked the University for pennission to usc the name,

"Home of Purdue Half Marathon," hul dill not receive thai pcnnission. The University informed

the Reinke Defendants that it was disinclined to get involved given concerns expressed by the

Lafayette-West-Lafayette Visitors Bun:ulI about the Reinke Defendunts and the Evcnt

12 The University sent RSG and its attOlney a series ofletters dated Apri19, 20l 0,

and August 12, 20 10, objecting to use of the Purdue Marks and specifically "Home of Purdue

Half Marathon" in any fashion, including 111 connection with the Event or any website or any other

advertising materials related to the Event, and demanding that the Reinke Defendants cease and

desist from any and all use of the Purdue Marks.

13. The Reinke Defendants have refused to respond to the merits of the two cease and

desist letters and have knowingly continued to use the "Purdue" name without permission.

14. Despite being on notice that the University refused to pruticipate in the Event,

RSG ernailed race participants on July 29,2010 referencing the City of Lafayette, City of West

Lafayette, Tippecanoe County, and the University's involvement in the Event

15. The mayors of Lafayette and West Lafayette publicly voiced concern about the

Event and stated that they would not recommend routing approval for the Event to be held in

their respective cities. Further, on August 3, 2010, the City of Lafayette, the City of West

Lafayette, and the University (collectively the "Entities") jointly sent the Reinke Defendants a

letter stating that they did not support the Event and would not let the Event be conducted on

their property. The letter demanded that the Reinke Defendants cease and desist in representing

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in any manner that the Event was ill any way sanctlOlled or aUlhonzed by any of the Enlitks or

their instrumentalities. Following those letters, the Reinke Defendants moved the Event to Flora,

Indiana.

16. Defendants continue to act deceptive!y by ndvel1ising and promoting the Event as

being connected to and affiliated with the University ill order to gain support for the Event. For

example, Event Website J continues to state, "Reinke Spurts Group along with the cities of

Lafayette and West Lafayette and Purdue University are proud to announce hosting the inaugural

'Home of Purdue Half Marathon' on October 24 . . .. * ** The Cities of West Lafayette,

Lafayette and Purdue University will join LJSRA Half Marathon Series founder Reinke Sports

Group in rolling out the red carpet. ." See Exhibit B Flirther, Event Website 1 contains

pictures of Ross-Ade Stadium, the Purdue band, and the clock to\ver on the University'S campus.

Event Websit.e 2 also has pictures of Ross-Ade Stadium and the Purdue band. Sec Exhibit C.

Defendants are thus attempting to pass off RSG's services as those of the University.

17. The Defendants' use of the name "Home of Purdue Marathon" is highly misleading

and injurious to the University. The Defendants' actions are willful and malicious.

18. Event participants are likely to be deceived by Defendants' use of the "Purdue"

name. Some paI1icipants may be confused and think they aI'e Supp0l1ing the University by

participating in the Event. Some have expressed disenchantment about the lack of an affiliation or

connection to the University. In a September 2,2010 article in the Journal & Courier, an Event

registrant, Clare Briner, was quoted as saying, "There's noway he [Reinke] can advertise this as a

Purdue race because there is no connection. It's a fraud." As one race participant was 'quoted as

saying in a September 9, 2010 letter to the editor in the Journal & Courier, it is "false advertising"

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for Defendants to promote a connection with the University and Tippecanoe Coullty given that

the Event will 1101 even be held in Tippecanoe County.

19. A Tippecanoe County business woman approached by the Reinke Dcfcndanls

about her company wurking with the Event contacted the 1Jllivcrsity and expressed confusion

about the Event name. Given that the University has publicly expressed no affiliation with the

Event, she inquircd about how to address public cOIH.:erus anu qlH;stioIlS about the confusing

name.

20. The Umversity is deeply concemed about the safety and quality of the Event.

Defendants' conduct causes confusion concerning the source of the Event thereby capitalizing on

the established reputation of the University for safe, quality athletic events. Because the Event is

not managed or affiliated with the University, the University has no control over the

administration, quality, or safety ofthe Event. Because of the confusion as to the University's

affiliation or sponsorship, the Umversity's reputation and goodwill in the Purdue Marks will be

damaged by safety and quality issues, a<; well as any other problems, associated with the Event.

21. Upon information and belief, RSG has asserted an unrestricted right to use the

"Home of Purdue Half Marathon" name however it wishes, including outside of Tippecanoe

County and in future races at unknown locations.

22. It has been reported that as of September 1,2010, approximately 1,000 runners

had signed up for the Event.

23. ALLSPORTCENTRALCOM, INC and RSG are in litigation over registration

fees collected for the Event and similar races scheduled around the country. According to the

complaint filed by RSG against ALLSPORTCENTRAL.COM, INC.: "With respect to

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Registration Funds obtained by ASC alld 110t 11.1rwardcd to RSG fl.)r the respective Iialf Marathon

Events, charitable organizations were not paid, and significant chaos and confusion ensued with

municipalities and runners. Municijxllity representatives, registered runners, and charitable

organizations have all contacted RS(J wilh respect to the failure of Registration Funds to be

accordingly appropriated for the respective Half Marathon Events, resulling ill significant damage

to RSG's reputation in the racing community Furthermore, numerous municipalities and visitor

bureaus have threatened to pull races fi'om RSG's half marathon evenl i.,;alendars us a direct result

of ASC's actions n See Exhibit D

24 According to Event Website 2, the registration cost for the half marathon varies

between $6500-$70.00 depending on the registration date Event Website 2 also allows

participants to sign up for two other races to be held contemporaneously with the Event, the

"Home of Purdue 5K" race at a registration cost of$3000·$35 00 and the "Home of Purdue 1

Mile Fun Run" for $10.00-20.00. See Exhiba C.

25. Upon information and belief; the Event proceeds have not and will not lead to any

benefit for the University, but instead have led and will lead to the unjust enrichment of

Defendants.

Count 1- Declaratory and Injunctive Relief

26. The University hereby incorporates the above paragraphs by reference.

27. This is an action for a declaratory judgment, pursuant to Ie 34-14- I 1 et seq. , and

Indiana Trial Rule 57.

28 Defendants contend that they have the right to use the "Purdue" name in

connection with the Event and future foot races, and that their current use offends no rights ofthe

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University The University vigorously disputes those content ions. There ll1Us exists all actllul

controversy between the University and Defendants, within the jurisdiction of tbis Court,

involving the rights, duties and obligations of the parties, which controversy may be detcI111ined

by a judgment of this Court, without other suits.

29. Defendants have published, prornoted, and adveltised the Event by misrepresenting

that it is hosted by, sponsored by, affiliated ""lth, approved by, and/or being held ill connection

with the University. Defendants know that the University objects to the Event and has not given

perm.ission for use of the "Purdue" name.

30. RSG and ALLSPORTCENTRALCOM have continued to falsely represent that

Purdue is associated with the Event

31. The University's goodwill in the "Purdue University" mark is extremely valuable,

and the University will suffer halm should Defendants continue their present conduct to the

detriment of its trade reputation and good will.

32, Injunctive relief is necessary to protect the University fi"om future harm

Count II -- Lanham Act - Trademark Infringement (15 V.S.c. § 1114)

33. The University hereby incorporates the above paragraphs by reference.

34. Defendants have infringed the "Purdue University" trademark registration in

interstate commerce by various acts, including naming the Event "Home of Purdue Half

Marathon" and advertising and promoting the Event using the name "Home of Purdue Half

Marathon. "

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35. Detendants' usc of the Ilallle "PurJuc" is without permission or authurity and is

likely to cause and has caused cunfusion, tu cause mistakc, <lnd to deceive as to the affiliation,

connectiun, or assuciation with the University

36 Defendants' acts have been knowing and committed with the intent to cause

confusion and to deceive.

37. Defendants' mfhngement has been willful [Jlld deliberate, designed specifically to

trade upon the valuable goodwill associated with the "Purdue University" mark.

38 The University's goodwill in the "Purdue University" mark IS extremely valuable,

and the University will suiTer harm should infi'ingement be allowed to continue to the detriment of

its trade reputation and good will

39. Since July 18, 2000, the University has given notice that its mark is registered in

the U.S. Patent and Trademark Office by displaying it with the mark the letter R enclosed within a

circle. The Defendants have actual to cease and desist fj'om their acts of trademark

infringement and have actual notice of the University's trademark registration.

Count ill - Common Law Trademark Infringement

40. The University hereby incorporates the above paragraphs by reference.

41. The University owns and enjoys cornman law rights in Indiana and throughout the

United States in and to the "Purdue Marks," including but not limited to "Purdue," for athletic events,

which rights are superior to any rights which Defendants may claim in and to the use of "Purdue"

with respect to athletic events.

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case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 10 of 44

42 Defendants are !Ising the Purdue Marks without permission and are attempting to

create confusion as to the source of their services in order to pass otftheir services as those of the

University. Defendants are trying to trade on the reputation and goodwill of the University.

43. Defendants' use of"Ho11lc of Purdue Half Mara! hnll" is likely to cause and has caused

confusion as to the source of tile Event in that Event participants and the public will likely associate

or have associated the with and <.is originatmg with the Uniwrsily, all to the detriment of the

University.

44. Defendants' inli'ingement will continue unless enjoined by this COUll

Count IV - Lanham Act - False Designation of Origin (15 U.S.C § 1125(a))

45. The University hereby incorporates the above paragraphs by reference.

46. Defendants have used false or misleading descriptions offnct, or false or

misleading representations of fact, in interstate corrnnerce regarding the Event, which are like]y to

cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association

with the University.

47 Defendants have used a false designation of origm in interstate commerce, in

connection with the Event which is likely to cause confusion, or to cause mistake, or to deceive as

to the origin, sponsorship, or approval of its services by the University.

48 The University is likely to be damaged by these acts given that the University has

no control over the nature, quality, and safety of the Event. Any failure, neglect, default, or safety

issues by Defendants in conducting in and promoting the Event will reflect adversely on the

University as the believed source of origin, hampering the University's efforts to continue to

protect its outstanding reputation tor high quality, safe athletic events.

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case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 11 of 44

Count V Ad - Oiilltioll (15 U.S.c. §

49, The University hereby incorporates the above paragraphs by reference,

50. The "Purdue University" mark is strong and distinctive and has been used in

connection with athletic events since I H92 Because of its use and adveltiscmcllt throughout the

United States, Plaintiffs mark, "Purdue Ulllvcrsity" is widely recognized by Lhe gelleral

consuming public of the United States as a designation of source for the sen:iccs or the University
and is therefore a famous mark,

51, Defendants are using "PlIrdue" as a trademnrk <mdlor trade !lame in interstate

cornrnerce,

52, Defendants' use of the mark began after the "Purdue University" mark became

famous

53, Defendants' use of "Purdue" creates a likelihood of association with the "Purdue

University" famous mark alising f1-om its similarity to the famous mark, which is likely to cause

dilution by blurring by impairing the distinctiveness of the "Purdue University" famous mark.

54, Defendants' use of "Purdue" is likely to cause dilution by tamishment by hanning

the reputation of the "Purdue University" famous mark.

55. Defendants' acts are likely to cause damage to the University.

56. Defendants' have committed these acts willfully and with the intent to create an

association with the "Purdue University" famous mark. Defendants have willfully intended to

trade on the recognition of the University's famous mark.

Count VI Cyberpiracv under the Lanham Act, 15 U.S.c.A. 1125(d)

57. The University hereby incorporates the above paragraphs by reference,

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58. ALLSPORTSCENTRALCOM alld RSG. ,L,) actual or constructive registranls

and/or licensees use the domain names www,homeofpurduehalfinarathon.com and

www.homeofpurduehmcom in connection with their servIces in bad faith and with an imcnllo

profit fi'om the use of the "Purdue" mark

59. These domain names are confusingly similar in overall commercial impression to

the University's distinctive mark, Purdue Ulliversity

60. These domainnames are confusingly similar and di)utive of the "Purdue

University" famous mark.

61. ALLSPORTSCENTRALCOM and RSG's use of the domain names

www.homeofpurduehalfmarathon.com and wwwhomeofpurduehm.com has han ned the goodwill

of the "Purdue University" mark, for their commercial gain, and creates a likelihood of confusion

as to the source, sponsorship, affiliation and endorsement of Event Website J and Event Website

2.

Count VIl- Unfair Competition bv Passing Off

62. The University hereby incorporates the above paragraphs by reference.

63. Defendants have mtentionally misrepresented their services and the Event as being

hosted by, spoIlSored by, affiliated with, approved by, andlor being held in connection with the

University.

64. Defendants' acts have been and presently are committed with the intent to pass off

their services as the services of the University, and with the intent to deceive and defraud the

public.

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65. The conduct of Defendants has had and presently has the natural and probable

tendency to deceive so as to pass off Defendants' services as and for those ofthe University.

66. Public deception is the natural and probable consequence of Defendants' actions.

Relief

WHEREFORE, the University requests:

A A declaration that Defendants have no right to usc the name "Purdue" in

promoting and conducting sporting and athletic events or any other events or

activities.

B. An Injunction barring Defendants from using the "Purdue" name for any

commercial purpose, including but not limited to any conduct establishing or

suggesting a connection or affiliation with Purdue University or the Trustees of

Purdue University; ordeling ail signs, prints, and advertisements in the possession

of Defendants or their associates bearing the "Purdue" mark, be delivered up and

destroyed; and, ordering forfeiture or cancellation of the domrun names

homeofjmrduehalfinarathon. com and homeofpurduehm com, or transfer of same to

the Universlty.

C Compensatory damages in an amount according to proof

D. An accounting of all business activity by Defendants in connection with the Event.

£. A constructive trust over all proceeds that the Defendants receive in association

with the Event.

F. An award of Defendants' profits from the Event

G. An award of additional trebled damages.

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JURY DEMAND

The University requests a jury trial on all issues so triable.

Respectfully submitted,

" ,.I
William P. Kealey (AU No. 18973-79)
Stuart & Branigin LLP
300 Main Street, Suite 900
P.O. Box 1010
Lafayette, Indiana 47902
Telephone: (765) 423-1561
Facsimile: (765) 742-8175
E-mail: wpk@stuartlaw.com

Attorneyfor Plaintiff

561397.1
· . case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 15 of 44

EXHIBIT A
case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 16 of 44

CERTIFICATE OF REGISTRATION
PRINCIPAL REGISTER

The Mark shown in this certificate MS been registered in the United States
Patent and Trademark Office to the named registrant

The records of the Untied States Patem and Trademark Office show'that
an application for registration of the Mark shown in this Certificate was filed in the
Office; that the application was examined and detennined to be in compliance with
the requirements ofthe l«w and with the regulations prescribed by the Commissioner
of Patents and Trademarks; and that tiTe .4pplicant is entitled to registration of the
Mark under the Trademark Act of 1946, as Amended.

A copy of the Mark and pertinent data from the application are part (,f
this certificate.

This registrvtion shaU remain in force for TEN (10) years, unless
lQminated earlier as provided by law, and subject to compliance with the provisions
ofSection 8 ofthe Trademark Act of 1946, as Amended.
,.,.

I
I
i;
t
Commi.s.sinner of Patents and 1Jo.demarts
case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 17 of 44

InC CJ.: 41
Prior U.S. CIs.: 100, 101· and 107
Reg. No. 2,367,443
United States Patent and Trademark Office Regis(ered July 18, 2000

SERVICE MARK
PIUNCIPAL REGISTER

PURDUE UNIVERSITY

TRUSTEES OF PURDUE UNIVERSITY, THE (INDI- ATRl! PERFOR.1V1ANCES, AND PUBLIC SPEAKERS,
ANA CORPORATION) IN CLASS 41 (U_S. CLS 100. 101 AND I07).
OFFCCE OF CONTRACT AND GRANT BUSINESS FIRST USE l2·-9-1892; IN COMMERCE 1-1-1889.
AFFAIRS
NO CUlM (S MADE TO THE EXCLUSIVE RIGHT
1063 HOVDE HALL
TO USE "UNIVERSITY". APART FROM THE MARK
WEST LAFAYETTE, IN 479071063
AS SHOWN.
FOR; FOR PROVIDING COURSES OF INSTRUC-
TION AT ruE COL.LEGE OR POST-GRADUATE SER.. NO. 75-426.002, FILED 1-29-1993.
lEVEL; AND ENTERTAINMENT IN THE NATURE
OF ATIlLETfC GAMES, MUSICAL CONCERTS, THH- KENNETH D. SA TTLE, EXAMINING ATIORNEY

!,
!I

IIi
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• case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 18 of 44
case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 19 of 44

Home of Purdue Half-Marathon I Or<- 24. 2010 - powered by AllSportCentrairl)m Page J of4

l':JgJI Upda!!!o:

ONUNE REGISTRATION is STILL OPEN .. ,' PLEASE CLICK HERE • Online R"gislf&lKln is
NOWOPENI

FAOs
;, ,-! ...., t ! .
RestlIts
n\lE ,RACKER
Cerilfi<:ates Reinke Sports Group and the USRA Hatf Marathon Series are pleased to
ElKtntPOO:cos
announce our partnership with ActivRcom for a1\ of our event registration.
Please go to our new website at (different for each raGe but for example:
HomeofpurdueHM.com and also USRAHM.com. We are also introducing a
new Half Marathon Training program in conjunction with Active to help
runners prepare for USRA Half Marathon Series events.

Tho USRA Haff Marathon Series is coming to Big Ten country! Reinke Sports Group is
proud to host the community's first ever "Home of Purdue Half Marathon", October 23-24,
2010. Located just 1 hour from I ndianapolis and the Wond's Largest Half Marathon - the
Indy Mini, the Lafayette-West Lafayette area is an ideal Midwest location just 1 hour north
'* '*
of Indianapolis. 2 hours.from Chicago, 2 hours from Louisville. 2 hours from
Cincinnati. 3 hours from Detroit 3 hours from Columbus. 3 hours from St Louis and 3
hours from Milwaukee.

The faU weekend of October 23-24 in these sister cities of approximately 130.000 will
showcase the brilliant fall colors and cool, crisp temperatures that will offer ideal running
conditions for what will be one of the most scenic Half Marathon courses in the country
Starting and finishing in downtown Lafayette near the historic County Courthouse,
runners and walkers will run through picturesque Lafayette- West Lafayette, hitting a
variety of landmarks along the way. After a loop through Lafayette, runners will cross the
Harrison Bridge into West Lafayette and onto the campus of Purdue University and its
many landmarks including Mackey Basketball Arena and legendary Ross-Ade Stadium.
After traversing the scenic Campus sites. the course will run between both of Purdue's
famous golf courses and through the Celery Bog Nature Area. deemed a "significant
ecological site' by the Indiana Natural Heritage Program. After leaving West Lafayette and
crossing the river back into Lafayette participants will experience Columbia Park. home of
the Colt World Series. beautiful historic architecture and many other local delights all
ending with a straightaway right through the historic Arts & Market District of downtown to
finish back at Riehle Plaza.

Reinke Sports Group along with the cities of Lafayette and West Lafayette and Purdue
University are proud to announce hosting the inaugural "Home of Purdue Half
Marathonon October 24 as part of the nationwide USRA Half Marathon Series. In
addition to the featured Half Marathon, the Miller MGD·64 5K (3.1 mile) will also be held
on Sunday while the Chick·fil-a FUll Run (1.S Mile) will take place on Saturday October
23 kicking off the "Health & Fitness Expo I Packet Pickup'.

Following the Expo. no top event in this market would be the same without legendary,
popular area 'Pizza & Pasta" restaurant group ARNI'S who will host a ·Pasta Party" on
Saturday night race eve. They will be back after Sunday's Half Marathon & SK to host the
ARNI'S Finish Line Celebration featuring Ami's famous Pizza, Pasta. refreshments and
"live" music! Joining the above as additional "founding partners' include 'Official
Training Headquarters" "Tri-N-Run" athletic shoe store, Cook Medical. Schurz

http://www.homeofpurduehalfinarathon.comf 10/1912010
case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 20 of 44
Home of Purdue Half-Marathon I Ort 24,2010 - powered by AIISportCentral t':om Page 2 of4

Communications, the Journal & Cavner, Holiday Inn and Subaru

Each USRA Half Marathon Series event lives up to its motto of "Where the Runner
Comes First' and the Home of Purdue Half Marathon October 23-24 will be no exception.
A 'fun. festive" atmosphere will greet all participants with the event welcoming all
abilities and ages with walkers. strollers and head phones welcomed along with runners
vying for the near1y 150 awards! THE FIRST 200 REGISTRANTS FOR THE FUN RUN
WILL RECIEVE A MINI MOO STUFFED COW COURTESY OF CHICK FIl-A

<'-Iff 'suppottUne8reakNewUnej--'
<!--(..

The Home of Purdue Hall Me",'hon w,ll be a part Of the 15-cily nationwide USRA Half Ser)". WIth a few
more event. to be added, USRA scnedula in addition to !he Home of Purdue event. include Columbia SC (February
27). Bentonville AR (March 1:!), lexington KY (March Z8), Ch....I"" County. MD (April 16). Council Bluffs tA (May 23).
Woree.t", MA (June 13). Bloomington. IN (October 3) Joplin MO (October 10; .,150 inCluding MOTHER ROAD
MARATHON. - U,e only Mara!hon in the country that win thrOU\jll"3" states - Oklahoma. Kansas and finishing In
M.ssoun). Dal!oo GA (October 16) Lafayette IN (October 24) . Clarksville TN (October 30). L"flcaster -Bird-In·
Hand" {Novembe, 6). and $toclcton CA (November 14) Further Series information may be obtained by the
USRA Half Maralno" Sanes., d.... nk"sperts@ms"""'m (401-599,,0568) I USRARaceS",lescom

The Home 01 Purdue Convention & VI.llors BUfeau along with the Cities of West LafayeHe. LalayeHe and Purdue
University will join USRA Half Marathon Senes lounder Reinke Sports Group in ,oiling out the -red carpet- so don't delay
in r<>ilISt""ng and telling yO<.>r friends and fellow nmn.... and walkors about the inaugural Home of Purdue Half
Marathon. MDG-M 5)( and Chlck·fil-a Fun Run October 23-24. 2010- it$ "IMler.. thl> Runner Comes First"!

CLICK HERE TO READ RECEN; ",RTtClE IN THE !.AFAYETTE COURIER AND JOURNAL ON THE PUR!),}E HALF
MARATHON

EVENT DATE

Saturday-Suc-day. 23-24. L010

11 am - Chid<-fil-a Fun Run (Sat)

8 arn - Maratl,on (Sun)

S'15 am - MGO-64 5K Run (Sun)

Am,s Pre Race Pizza /I. Pasta Parly

Ami's Post Race Party

USRA HALF MARATHON RACE' SERIES

r• C:!
• -..::lIIB
l
___

Half ;::;;;athon

Til" USRA Han Marathon senes (USRARaceSertes.com) is a 1Jk;ily naltcnwide Half N1.....tIJon Senes in mill-lO-$mall
size mar1cets. Each Se...... evenl partners willl tM Coovendon & VisitOrs Bu,eau. Chamber of Commerce and/or
Municipality in that community to conduct a Marathon. SK. Fun and Runner's ExpolPacke' Piciwp. All "voote
create a (e:olive. tun atmosphere with live music.. po$t race party amI qu<ll1\Y $I1irto (tech to Half Marathoners), medals (to
Half M"",lhon finish..".)"n; disposable chip Dming amoog its many amenities. A "polnis" system will be intmduc"d
won to incenUvfze numers running muttiple serles events.

At 1"""13-5 additiooal Half Maralhoos al'$ pe<tding for tha 2010 sea'on and Series owner Reinke Sporls Group

http://www,,homeofpurduchalfmarathon,,coml 1011912010
case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 21 of 44
Home of Purdue Half-Marathon I Oct 24, 2010 - powered by AlISportCentraLc.om Page 3 of4
antiripates as many as S(:".::s events in 2011! F urthe( Information can be obtained from USRA, Sports
GrouP. 1531 Dale Ave.. Vliinl", Park. 32789. USRARaceSenes.r.om.

REINKE SPORTS GROUP

ROCK & ROLL

There will be muSIc throughout Ihe course and live

Music at the Hnish alth. Arnr. Post Race

ARNrs POST RACE PARTY & CELEBRATION

Once you cross the nni$h Itne ; the real fUn begins.

Join with friends and family 10 celebrate your accomplishment

with Ami's Pizza I> Pasll<. refreshments and live musicl

CHICK-FIL·A FUN RUN POST RACE PARTY & CELEBRATION - SaL Oct 23

RUN FOR A CAUSE'

If you would like to donate 01 create" ··Pledge Campaign" for

eOjch mUe you complete. please go to aur Donations page on this

site. Our race beneficiary Is the lafayette Famity YMCA.

VOLUNTEER

If you are not participating. we'd still 10"" you to be a Volunteer

and be part of the funl !\It volunteers recei... aT-Shirt, goodie bag

and entry Into !he Ami's Post Race Party on Sund.)y or Ghlck-fil-APost Race Party 0" Saturday I
Plea... 90 10 our T eb to register.

http://www.homeofpurduehalfmarathon.coml 10119/2010
case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 22 of 44
Home of Purdue Half-Marathon! Oct 24,2010 - powered by AJJSportCentral.com Page 4 of4

http://www.homeofpurduehalfinarathon.com! 10/1912010
case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 23 of 44
case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 24 of 44
THE Half Marathon Page lof2

IIOME lISR,;\ IN rilE Nl'WS EVENTS SPONSOIUilll1' fA()S CONTACT tiS

THE HALF MARATHON

}<It;.lneo
LQit'ii291{) I"4Q AMliTi

SpecI.1 thanb to our sponsors 11.1 Tri-N-Run. Cook Medical., MGD 64'!!

EVENT DATE

• Sunday. Otctober 24, 2010


• 8'00 am, - Half MllcB!h()n
• 8,15 am 5K RunIWalk
• 9,45 am, Fun Run
• 1O,00!L1n. 5K Awards Presentation
• 11,00 a.m. Half Marathon Awards Presentation

RACE IllGHUGHTS

• HaJf Marathon I 5K I Fun RWl


• ChlP TIming
• Tech Shirts to Half-Marathon Runners
• Commemorative T·Shirts to 5K Fun Runnel>
• Goodie Bags
• Post Race Celebration featuring Live Music & Refreshments
finisher Medals to
• Hydnuion slations. medical support the course
Results printed online IUld in newspaper

ROCK & ROLL


There will be music throughout tile coW'S<) and music at the Finish at the Finish Line Party,

http://www.usrahm.comlEventslPurdue.htm 10119/2010
case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 25 of 44
THE Half Marathon Page 2 of 2
FINISH LIN., ..":8RATlON
"""","':by A_ Net""" Run"'n" SCOW.... 100 filHsh Iinc, the renl fun begins. loin with friends arn.I family to celeb£"dlc yOU! accomp!isl;;i_:: ::::., .
refreshments and live music!

RUN FOR A CAUSI':

The Carroll CoW'lty Community Center will be our official beneficiary for Ihis race.

VOLUNTEER
If you are nOl participatin9, we'd still love you to be a Volunteer and b", part of the fun! All volunteers receIve a T-
Shirt, goodie bog and eotey into the fmish Une Celebriltionl Please go to our Volunteer Tab to register,

http://www.usrahm.comlEventsIPurdue.htm 10/1912010
case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 26 of 44
.!ome of Purdue Half Marathon I F)"'l'a, IN 46221 12010-10-24 Page 1 of3

fv,cor\s Race Results Training Plans Articles


Submi

ENDURANCE TEAM SPORTS GOLF & TENNIS OUTDOORS LIFESTYLE RESOURCES

Home of Purdue Half Marathon


Sunday, Octobar 24,2010
TSA Flora, IN

Like 24 people like this.

Summary Map Photos Videos

Date & Time


Sunday, October 24, 2010

Address
TBA

Registration Closing Date


Saturday, October 23,2010@
05:59 PM EDT

Full Description
LAFAYEl IE WEST INDIANA
Course Is now on
Homeofpurduehm.com OCTOBER 24, 2010
Date: October 23 (Fun Run)

October 24 (Half Marathon and 51<)

Packet Pickup: October 23,2010

Awards:

Top Overall Male and Female re


Top Overall Masters Male and Female

Top 3 in Each Age Group

Top 3 Corporate/Military Teams

http://www.active.comlhalf-marathonlflora-inlhome-of-purdue-half-marathon-2010 10/19/2010
case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 27 of 44

:-Iome of Purdue Half Marathon I F''''ra. IN 46221 [ 2010-10-24 Page 2 of]


Medals to All Ha.lf Marathon Finishers

Registration: Closes October 23. 2010 at 4 PM EST.

More Information
!llm:!IHQmeofPurdueHM.com

Registration Categories

Category Price
ft.

Home of Purdue Half Marathon

Half Marathon $65.00


Price changes to
$7!U10 on 10/2211:59 PM EDT

Home of Purdue 5K

Home of J-
$30.00
Purdue 5K
Price cnanges to
»
$35.00 on 1012211:59 PM EDT

Home of Purdue 1 Mile Fun Run

Home-of
Purdue Fun $15.00
Run
Price changes to
$20.00 on 10122 11 ;59 PM EDT

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http://www 10 10/19/2010
• case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 28 of 44
-{orne of Purdue Half Marathon J Flora, IN 4622112010-10-24 Page 3 of3
; ActiveGolf.com .veGlobal.com ActiveTrainer.<.:om ActlvcRecrulc...... cum Coo!Running.com etean

http://www.active.comlhalf-marathonlflora-inlhome-of-purdue-half-marathon-2010 10/19/2010
· . .
case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 29 of 44

EXHIBITD
case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 30 of 44

iN THE CIRCUIT COURT OF THE


NINTH JUDICIAL CIRCUIT, IN AND
FOR ORANGE COUNTY, FLORIDA

REINKE SPORTS GROUP, LLC CASEXO.: /0.rCA-- 7


a Florida limited liability company, Bl jSrNESS I -IT! GA nON DIVISION

Plaintiff, 1143
'--
VS.
I

ALLSPORTCENTRAL.COM, INC.. a
..

Defendant.

COMPLAINT

Plaintiff, REINKE SPORTS GROUP, LLC, a Florida limited liability company ("RSG"),

by and through its undersigned counsel, respectfully requests that this Court enter its Judgment

against Defendant, ALLSPORTCENTRAL.COM, fNe, a South Dakota corporation ("ASC"),

and. in support thereof, states as follows:

PARTIES AND JURISDICTION

1. Plaintiff, RSG, is a Florida limited liability company with its principal place of

business located in Orange County, Florida.

2. Defendant, ASC, is a South Dakota corporation with its principal place of

business located in Sioux Falls, South Dakota. This Court has jurisdiction of this action and

ASC pursuant to §48.193(l)(b), Florida Statures, since tbe deliberate. tortious

actions of ASC, as averred herein. were intended to injure RSG in the State of Florida. Venue is

further appropriate in Orange County, Florida since the intended injury by ASe took place while

RSG was located and transacting business in Orange County, Florida.


case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 31 of 44

GENERAL ALLEGATIONS

3. ]{S(j is in the business of organizing, coordinating and holding foot ract: in

various states throughout the United States. Specifically, RSG has developed a marketing

prouuct whereby it organizes and creates "Half Maralhon Event)';" to smaller municipalities

throughout the nation which do not otherwise generate much income as a tourist destination.

RSG is responsible for developing the marketing concept, organizing, coordinating, plruming and

... holdingI:l.alf MarathoR Ev-erus..in..smal.L market m..unicipali tics .. R&D contacts. locaL chamb.t:rs.uL

commerce, convention and visitor's bureaus, sports commissions and the municipalities to

. market the benefits associated with participating in annual Half Marathon Events designed,

marketed and organized by RSG. Upon reaching agreements, RSG designs package concepts

including logos and other marketing brochures to market and advertise the annual Half Marathon

Events..

4. RSG enters into agreements with subcontractors for the purposes of organizing

and coordinating Half Marathon Events and for the purposes of receiving race fees and charitable

donations.

5. RSG's business is a niche business and its Half Marathon Events are derived from

formulas, patterns, methods and techniques developed by RSG and not generally known to or

readily ascertainable by proper means from other persons except when dlsclosed by RSG to

murucipalities and vendors working ill coordination for the organization and coordination of the

respective Half Marathon Events.

6. In or about January, 2009, RSG was looking to hire a company for tbc purpose of

creating and hosting websites, acting as a registrar to collect registration fees, charitable

donations, and sales tax (collectively as "Registration Funds"), and to compile timing and race

2
case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 32 of 44

results for runners. RSG conlacteu ASC from an advertisement placed in a national racing

industry directory called "l{oaJ Race Management"

7. As a result of RSG and ASC's initial contact, RSG agreed to hire ASC as its

vendor in charge of wl;bsite design, hosting, registration, and for timing and results for a single

Half Marathon Event the Council Bluffs Half Marathon - Lo see how ASe operated. As

registrar, ASe acted as a fiduciary and trustee with respect to all Registration Fund" received

8. Upon hiring ASC, RSG provided ASC with proprietary information regarding

each of the Half Marathon Events that it hatl designed, organized, and planned, including, but not

limited to, logos, marketing material, customer and vendor lists, and information regarding

RSG's business.

9. ASC set up and hosted the following websites: CouncilBluffsHalfMarathon.com;

ClarksvilleHalf1y[arathon.com; S:;glumbiaHalfMarathon.com; BentonvilleHaltMarathon.com;

Lexinf!touHalfMarathon.com; MtPleasantHalfMaratbgn.com; StCharlesHalfMarathon.com;

W orcesterHalf1y[arathon. com; SparksHalfMarathon.com; TriStateMotherRoadMarathon.com;

HomeofPurdueHalfMarathon.com; k.illlcasterHalfMarathon.com.; StocktonhalfmarathOl1..com;

Lasemceshalfrnarathon.com; Hoosierhalfrnarathon.com; USRARaceSeries.com; and

Morgantownhalfmarathon.com.

10. With respect to each of the websites, RSG, through its own

proprietary process, designed and developed specific half marathon event packages for the

respective municipaltties and provided marks and other proprietary infonnation to ASC to

include in the various websites for the purposes of access by potential mooers. From January,

2009 through April, 20 I 0, ASe, in its fiduciary capacity as registrar, collected Registration

3
case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 33 of 44

Funds over the internet Il)r each of the respective Half Marathon Events. ASC was required to

forward all Registration Funds to RSG upon collection and RS(] would pay ASC a processing

fee for each registered runner. ASC was responsible for forwarding all chari!able donations to

the respective charitic::i.

II. ThroughoUL lhe calendar year of 2009, ASC began delaying its payments to RSG

for Registration Funds collected on RSG's behalf. The delayed payments continued throughout

ultimately, AS.C.begatJ withholding.alJ RegiSLtation Funds.ohta:u1.ec:lb;r:jt

on behalf of RSG.

12. In or aboul December, 2009, ruier making several demands on ASe to timely

make payment of the Registration Funds and release all Registration Funds held in its possession

Oil behalf of RSG, RSG notified that ASC that it was terminating its relationship and that ASC

was no longer authorized to host its websites or act in the capacity of registrar with respect to all

Half Marathon Events ovvned by RSG.

13. ASC continued hosting websites and receiving Registration Funds for Half

Marathon Events owned and operated by RSG_

14. From December, 2009 through April 6,2010, ASC retained control over all of the

Half Marathon Events including the web hosting and registration activities. On April 6. 2010,

RSG was able to re-route interested parties to new websites controlled by RSG for the purposes

of registering in Half Marathon Events owned and operated by RSG. f-1.owever, to date, ASe

continues to advertise certain Half Marathon Events owned and operated by RSG on its website

located at W\v\v.allsportcentraLcom and falsely represents to all potential runners that it is acting

as the registrar with respect to those respective Half Marathon Events.

4
case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 34 of 44

15 With n::sj1\;cl to all Registration Funds obtained by ASC and not forwarded to

RSG for the respective J lalf M.trathon Events, charitahle organi7,atioflS Wt;re not paid, and

significant chaos and confusion ensued with municipalities and runners. Municipality

representatives, regislered runners, and cbaritable organiz.ations have all contacted RSG v.rjth

respect to the failure of Registration Funds to be accordingly appropriated for the respective Half

Marathon Events, resulting in significant damage to RSG's reputation in the racing community.

FurtJ::termofe.,.-numcwJJs muni('jpaJities. aw:LlI.is.itor-.burcaus_have...1br.eatened to_pull race.s...fr.QrO ___. _

RSG's half marathon event calendars as a direct result of ASC's actions.

16. Through December, 2009, i{ is estimated thal ASC has embezzled and otherwise

misappropriated the total amount of $228,550.02 of Registration Funds. Upon information and

belief. ASC has continued to obtain Registration Funds from January 1, 2010 through current,

under false pretense, and has not accounted for or forvv'arded those additional Registration Funds

received At thiS time, it is unknown the value of the Registration Funds obtained by ASC, under

the false pretense as registrar for RSG, for the calendar year 20 10.

17. After RSG terminated its relationship with ASC, ASC contacted various

municipalities and intentionally and wiHfully made false statements to those municipalities

regarding its relationship with RSG and the Registration Funds that it had misappropriated.

1R. Additionally, after the termination, ASC has advertised itself as registrar for races

that were never provided by RSG to ASC while ASC was authorized to act as a registrar. Upon

infonnation and belief, ASC is collecting registration fees fraudulently and with the intent to

penna:1ently deprive the respective rulUlers and RSG.

19. All conditions precedent to the bringing of this action have been met or have

occurred.

5
case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 35 of 44

WHEREFORE, REINKE SPORTS GROUP, LLC, a Florida limited liability company,

by and through its tmdersigl1cd counseL rcspcctfull y requests [hat this Court enier its ludgmenl.

against Defendants, ALLSPORTCl:::NTRl\LCOYl, INC., a SQuth Dakota corpora.tion, anu BAY

TECHNOLOGY GROUP, fNt:, ,\ Suuth DClkota corporation, and fur such other and further

relief that this Court may deem just and proper.

COUNT 1- BREACH OF FIDYCIARY DUTY

-_. RSG re"3vcrs.and rc-allcges-its allegations_containe.<Lw.ithin Paragraphs.J.:J 2..as:.if. _

fully set forth herein and further states as 1allows:

21. This is an action for damages in an amount in excess of $ I 5,000, exclusive of

attorneys' costs and interest.

22. By virtue of its agreement to create and host the above-referenced web sites and to

act as the registrar on behalf of RSG, ASC assumed and obtained a position of trust as a

fiduciary with respect to the Registration Funds obtained on behalf of RSG.

23. ASC breached its fiduciary duty to RSG by obtaining Registration Funds

belonging to RSG and refusing anJ failing to return the Registration Funds obtained by ASC in

its fiduciary capacity on behalf of RSG.

24. As a direct and proximate result of ASC's breach offiduciary duty, RSG has been

significantly damaged.

WHEREFORE, Plaintiff, REINKE SPORTS GROUP, LLC, a Florida limited liability

company, by and through its undersigned counsel, respectfully requests that this Court enter its

Judgment against Defendant, ALLSPORTCENTRAL.COM, INC., a South Dakota corporation,

for damages. interest, attorneys' fees, costs, and for such other and further rei ief that this Court

deems just and appropriate.

6
case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 36 of 44

COUNT II - CIVIL THEFT

25. RSG re-avers and HHllleges its allegations contained w'ithin Paragraphs 1-19 as if

fully set forti] herein and further states as follows:

26. This is an action for damages in an amuunl in excess of $15,000, exclusive of

attorneys' fees, costs and mteresL

27. ASC knowingly and intentionally fraudulently converted the Registration Funds

- - - - its-o.wu. use after obtuining-possession-Qf the .Registxation fmnds in its ..capacity-asa--

fiduciary on behalf of RSG.

28. On or about July 26, 20 I 0, RSG sent, via overnight Federal Express, its Notice of

Demand Pursuant to §772.11, Florida Statutes, to ASC. A copy of the Notice is attached hereto

as Exhibit ".1\".

29. RSG was forced to retain the undersigned for prosecution of the above-referenced

matter for which it is obligated to pay a reasonable fee in which it is entitled to reimbursement of

those reasonable fees and costs incurred pursuant to §772.11, Florida Statutes.

WHEREFORE, Plaintiff, RHNKE SPORTS GROUP, LLC, a Florida limited liability

company, by and through its illldersigned counsel, respectfully requests that this Court enter its

Judgment against Defendant, ALLSPORTCENTRAL.COM, INC., a South Dakota corporation,

in the amount of $685,650.06, interest, attorneys' fees, costs, and for such other and further relief

that this Court deems just and appropriate.

COUNT ill - CONSTRUCTIVE FRAUD

30. RSG fe-avers and re-alleges its allegations contained within Paragraphs 1-19 as if

fully set forth herein and further states as follows:

7
case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 37 of 44

Events owned and operated by RSG after the terminntion of ASC was a false representation to

the public for the sole purpose (If crealing confusion in the market place and, under false

pretense, obtaining Registration Funds without authorization and with the intent to permanently

deprive RSG, ASC's actions were intentional and with malicious and reckless disregard as to the

falsity of its publication as a registrar for the respective Half Marathon Events.

38 ASC's publication of Half Marathon Events and posting its position as a registrar

-----, -,,-..£or-Registt8tion Funds createsJhe_dd"amatory impli.cation tilat ASC is acting on_hehalfofRSG__ _

with respect to the respective Half Marathon Events and/or that ASC is organizing the respective

Half Marathon Events owned by RSG,

39. As a direct and proximate result of ASC's intentional and willful defamatory

publications, RSG has suffered significant monetary damages in the fonn of misappropriated and

diverted Registration Funds as well as significant damage to its reputation in the community of

racing events.

WHEREFORE, Plaintiff, REINKE SPORTS GROUP, LLC, a Florida limited liability

company, by and through its undersigned counsel, respectfully requests that this Court enter its

Judgment against Defendant, ALLSPORTCENTRAL.COM, fNe., a South Dakota corporation,

for all damages sustained, interest, costs, and for such other and further relief that this Court

deems just and appropriate.

COUNT V - CONVERSION

40. RSG re-avers and re-alJeges its allegations contained within Paragraphs 1-19 as if

fully set forth herein and further stales as follows:

9
case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 38 of 44

41. This is an action for damages in an amount in CXCC:iS of $15,000, exclusive of

attorneys' tees, costs ilnd interest.

42. ASC obtailled the above-referenced Registration Funds in a fiduciary capacity on

behalf of RSG and converted those Registration Funds for its own pecuniary gain and to the

detriment of RSG, the registered runners, and charitable organizations. ASC has continued to

obtain Registration Funds, under faise pretense, for whieh RS(; has heen unable to properly

the sole-purpose oLdeprivjug.RSD. oLil!'L_

Registration Funds and for the sole pecuniary benefit of ASC.

43. RSG has a right to immediate possession of the Registration Funds and has

demanded that ASC release the Registration Funds obtained on its behalf as a fiduciary for race

registration.

WHEREFORE, Plaintiff, REINKE SPORTS GROUP, LtC, a Florida limited liability

company, by and through its undersigned counsel, respectfully requests that this Court enter its

Judgment against Defendant, ALLSPORTCENTRALCOM, INC., a South Dakota corporation,

for all damages sustained, interest, costs, and for such other and further relief that this Court

deems just and appropriate.

COUNT VI - COMMON LAW TRWE MARK INFRlNGMENT

44. RSG re-avers and re-alleges its allegations contained within Paragraphs 1-19 as if

fully set forth herein and further states as follows:

45. This is an action for damages in an amount in excess of $15,000, exclusive of

attorneys' fees, COSIS and interest.

46. RSG claims common law rights to the marks Home of Purdue Half Marathon,

USRA, and Reinke Sports Group.

10
case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 39 of 44

47. All of the aforementioned marks, at all relevant times, were being knowingly used

without permission by ASC in connection with the sale of services and marketing of registration

of Half Marathon Events associated with those marks.

48. The marks were being used by ASC knowingly and without permission from RSG

in connection with the saJe of services and obtaining Registration Funds, under false pretense,

associated with those marks and through RSG's name .

... AS.Cs dupl.ication-and. use of the..aforeroentioned marks, und.eI:.false..pretf'JJse, bas

caused confusion, chaos, mistakes, and/or deception in and among the public and, specifically,

among the potential runners seeking to register for the Half Marathon Events and provide

charitable donations to charitable organizations.

50. RSG, as a direct and proximate result of ASC's intentional and knowing

misappropriation of RSG's marks, has been damaged significantly.

WHEREFORE, Plaintiff, REINKE SPORTS GROUP, LLC, a Florida limited liability

company, by and through its undersigned counsel, respectfully requests that this Courl enter its

Judgment against Defendant, ALLSPORTCENTRAL.COM, INC., a South Dakota corporation,

for all damages sustained, interest, costs, and for such other and further relief that this Court

deems just and appropriate.

COUNT VII - TORT10US INTERFERENCE WITH CONTRACTUAL RELATIONS

51. RSG re-avers and re-alleges its allegations contained within Paragraphs 1-19 as if

fully set forth herein and further states as follows:

52. This is an action for ::lamages in an amOUt,t in excess of $15,000, exclusive of

attorneys' fees, costs and interest.

11
case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 40 of 44

·
, :,)

53, ASe has intentionally and wHlfully obtained Registration Ftu1.ds, under false

pretense, from registered runners believing that ASC was acting on behalf of RSG with respect

to the respective Half Marathon Events, has refused to hand over the Registration Funds for

proper payment on behalf of registered runners and payment to charitable organizations, have'

directly contacted municipalities and visitors bureaus making false repre!1entations regarding 'the

Registration Punds and the relationship between ASe and RSO,

damage to RSG and its operations located in Orange County, Florida.

55. The above-referenced acts were done with the unlawful purpose of causing

damage and loss to RSG, 'Without right or justifiable cause on the part of ASC and with malicious

intent.

56. As a direct and proximate result of ASC's actions, RSG has suffered significant

monetary damages as well as damages to its reputation in the racing community.

WHEREFORE, Plaintiff, REINKE SPORTS GROUP, LLC, a Florida limited liability

company, by and through its undersigned counsel, respectfully requests that this Court enter its

Judgment against Defendant, ALLSPORTCENTRAL.COM, INC., a South Dakota corporation.,

for all damages sustained, interest, costs, and for such other and further relief that this Court

deems just and appropriate.

COUNT VIII - VIOLATION OF FLORIDA DECEPTIVE AND


UNFAIR TRADE PRACTICES ACT ("FDUTPA")

57. RSG re-avers and re-alleges its allegations contained within Paragraphs 1-19 as if

fully set forth herein and further states as follows:

12
case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 41 of 44

'\
'.
..
l
) '\
)

58. This is an action for damages in an amount in excess of $15,000, exclusive of

attorneys' fees, costs and interest.

59. The aforementioned actions of ASC constitute deceptive acts or unfair practices

pursuant to §§50 1.201 through 501.213, Florida Stalutes.

60. As a direct and proximate result of ASC's actions, RSG has sustained significant

damages.

herein and is obligated to pay a reasonable fees and costs for those services rendered for which

RSG is entitled to reimbursement by ASC pursuant to §501.21 05, Florida Statutes.

WHEREFORE, Plaintiff, REINKE SPORTS GROUP, LLC, a Florida limited liability

company, by and through its underSigned counsel, respectfully requests that this Court enter its

Judgment against Defendant, ALLSPORTCENTRAL.COM, INC., a South Dakota coIporation,

for all damages sustained, interest, costs, attorneys' fees, and for such other and further reliefthat

this Court deems just and appropriate.

DATED day

Mark S. Reisinger
Florida Bar No. 0490695
15 North Eola Drive
Orlando, Florida 32801
Telephone: (407) 648-9119
Facsimile: (407) 648-8049
Attorneys for Plaintiff

13
case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 42 of 44

AnORNEYS AT LAW

HOWARD M" ALLEN


IdS{) Al,)MIiTh1J III';" 'UUJRAlJf J 15 NORTH EOLA DRIVE:
PATRICK R DELANEY ORI.ANDO. FLORICU>" 32601
AISf) AV,<.fJ17'J£iJ IN "'HI!' JftltJl!T PHONE (407) 648-9119
FAX (407) 64/)·a049
ROBERTL HARDiNG
NORA H MILLER
Ai.. f(J ADMrn1tl) lHCAi./PUilNhf
LrLBURN R. RAILEY, III mrcisinge!@rllileyhardingcPUl
MARK S. REISINGER
AL\1}.41)MnTJ.:J»/N I'1I«iINli

ROUSEllE A" SUTTON, III

July 26, 20] 0


Vio Federal Express-overnight delivery

NOTICE OF DEMAND PURSUANT TO §772.11, FLORIDA STATUTES

Steve Kurtenbach, President


Allsportcentral.com, Inc
300 North Phillips A venue, Suite 200
Sioux Falls, South Dakota 57104

Dear Mr. Kurtenbach:

Our client, Reinke Sports Group, a Florida limited liability company C"RSO"), has
forwarded to us for appropriate attentior: your refusal to hand over funds obtained on behalf of
RSG, in your capacity as a fiduciary collecting registraLiun fees, charitable donations,
and sales tax on behalf ofRSG. RSG contends that you have fraudulentl), converted funds
obtained in your capacity as a fiduciary registrar on behalf of RSG. Pursuant to the Florida Anti-
Fencing Act, these actions constitute the tbeft of embezzlement According to RSG, you acted as
a registrar in a fiduciary capacity with respect to the following races:

• Counsil Bluff's Half Marathon


• Clarksville Half MarathOl:
• Columbia half Marathon
. Bentonville Half Marathon
.
,

.. Lexington Half Marathon


Mount Pleasani Half Marathon
• St. Charles HalfMaratbon
..
• Worcester Half Marathon
Mother Road Marathon
... Home of Purdue Marathon

EXBTBIT_ "A"
case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 43 of 44

July 26, 20! 0


Page 2

In your capacity as a fiduciary registrar, YOli have refLlsed to tran:;fer a lotal amount of
$230,886.03 representing reglstration fees, sales 1ax, and charitable donations. Ofthe
$228,550.02 represents funds that yoU obtained ill a fiduciary capacity on behalf of
RSG.

Both RSG and prior counsel have made demands that you transfer the funds being held
on behalf ofRSG. To date, you have refused and otilerwisc failed to transfer those funds to RSG
held in your capacity as a fiduciary registrar.

§7TJ thLee-tOld the actual


.....-..
d(unages
- - . sustained
- _.
reasonable attorneys' fees and court costs in the trial nnd appeJiate courts for any and all amQunt:;
embezzled while acting as the registrar on behalf of RSG wirb respect to the above-referenced
races. Demand is hereby made that you immed.iate1y make payment for damages in the amount
of $685,650.06 to RSG clo Railey Harding & Allen, P,A at 15 North Eola Drive, Orlando,
Florida 32801. The $685,650.06 represents three-fold damages for the funds RSG contends you
have embezzled as registrar. In excnange for payment, you shaU be given a written release from
RSG from further civilliabiljty for the alleged specific act of theft from RSG. Ifpayment is not
received within thirty (30) days of receipt of this I etter, RSG has authorized and instructed this
firm to take any and all appropriate actions available under Florida law.

GOVERN YOURSELVES ACCORDINGLY

MSRlmkc
cc: client
case 4:11-cv-00005-PPS -APR document 1 filed 10/21/10 page 44 of 44

IN THE CIRCUIT COURT OF THE


NINTH JUDICIAL CIRCUIT, IN AND
FOR ORANGE COUNTY, FLORIDA

REINKE SPORTS GROUP, LLC


a Florida limited liabililY company,
CASE NO.: o-c.A-- ,
Qrin
BUSINESS LITIGATION rnmxOl'J
1
Plaintiff,

VS.
PERSONS
ALLSPORTCENTRALCOM, fNe, a
- -,-'-- --,,--- South-Dakota .. _ __._ DATE
TIME!"
Defendant.
SUMMONS
THE STATE OF FLORIDA

TO EACH SHERIFF OF THE STATE: You are commanded to serve this Summons
and a copy of the Complaint or Petition in this lawsuit on the Defendant,
ALLSI'ORTCENTRAL.COM, INC, a South Dakota corporation, by serving its Registered
Agent/OfilcerlDirector:

ALLSPORTCENTRAL.COM, INC.
Attn: Steve Kurtenbach, President
300 North Phillips Avenue, Suite 200
Sioux Falls, South Dakota 57104
Each Defendant IS hereby required to serve written defenses to the Complaint or Petition
on Plaintiff's attorney whose name and address is:

MARK S. REISINGER, ESQUIRE


R..I\ILEY HARDING & ALLEN, P.A.
15 NORTH EOLA DRIVE
ORLANDO, FLORIDA 32801

within 20 days after services of this summons on that Defendant, exclusive ofthe day of service,
and to file the original of the defenses with the clerk of this court either before service on
Plaintiff's attorney or immediately thereafter. If a Defendant fails to do so, a default will be
entered against that Defendant for the relief demanded in the Complaint or Petition.

Eagle Legal Services


424 E. Central Blvd, #337
I\r!j::\orlo. FL 32801