IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

BRIDGESTONE BRANDS, LLC,

) ) Plaintiff, ) ) v. ) ) JAMGOODS INC., JOANNE KNIGHT, ) AND SEAN KNIGHT, ) ) Defendants. )

Case No. ____________ Jury Demand

COMPLAINT FOR TRADEMARK INFRINGEMENT, TRADEMARK DILUTION, AND UNFAIR COMPETITION Plaintiff Bridgestone Brands, LLC (Firestone) by its undersigned attorneys, alleges as follows, upon actual knowledge with respect to itself and its own acts, and upon information and belief as to all other matters. NATURE OF THE CASE 1. This is a civil action for trademark infringement, trademark dilution, and unfair

competition under federal, state, and/or common law. Firestone brings this action against JamGoods Inc., Joanne Knight, and Sean Knight (individually and collectively Defendants) because Defendants are selling baseball caps bearing marks that slavishly copy (and thus infringe and dilute) Firestones famous stylized FIRESTONE and shield-design trademarks. Firestone seeks to enjoin Defendants infringement and to recover damages, Defendants profits, attorneys fees, costs, and other relief.

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THE PARTIES 2. Plaintiff Bridgestone Brands, LLC is a Delaware limited liability company with

an address at 535 Marriot Drive, Nashville, Tennessee 37214. 3. Defendant JamGoods Inc. holds itself out as a company with an address at P.O.

Box 483, Waitsfield, Vermont 05673. As of the filing of this Complaint, however, Firestone has not been able to locate any Secretary of State filings identifying JamGoods Inc. as a valid company. 4. Defendant Joanne Knight is an individual with an address at 2528 VT Route 30,

Pawlet, Vermont 05761-9448. 5. Defendant Sean Knight is an individual with an address at P.O. Box 516, Chester,

Vermont 05143-0516. 6. Defendants Joanne Knight and/or Sean Knight control and manipulate Defendant

JamGoods Inc. such that it is merely an instrumentality of Joanne Knight and/or Sean Knight and judicial recognition of JamGoods Inc. as a separate legal entity would constitute fraud or promote injustice. The Court should therefore disregard JamGoods Inc.s corporate form (if any) and hold Joanne Knight and/or Sean Knight personally liable for the acts of JamGoods Inc. JURISDICTION 7. This action arises under the federal Trademark Act, 15 U.S.C. 1051, et. seq.,

and the related law of the state of Tennessee. Subject matter jurisdiction over this action is conferred upon this Court by 15 U.S.C. 1121 and 28 U.S.C. 1331, 1338(a) and (b). This Court has supplemental jurisdiction over Firestones state law claims pursuant to 28 U.S.C. 1367 because those claims are substantially related to Firestones federal Lanham Act claims.

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8.

This Court has personal jurisdiction over Defendants, and venue is proper in this

District pursuant to 28 U.S.C. 1391(b) and (c) because Firestone is being harmed in this District, Defendants are doing business in this District, and Defendants are using their infringing marks in this District. FIRESTONE AND ITS BUSINESS 9. Firestone, by and through its related companies and licensees, has continuously

used the FIRESTONE name and trademark for over a century, dating back to when entrepreneur and innovator Harvey S. Firestone founded Firestones predecessor-in-interest, The Firestone Tire and Rubber Company. By 1900, with 12 employees and a single production facility in Akron, Ohio, The Firestone Tire and Rubber Company produced its first tire. FIRESTONE tires quickly gained a reputation for quality and performance; they were chosen by Henry Ford for the first mass-produced cars in America and, shortly thereafter, drove to victory in the very first Indianapolis 500 car race. 10. In the decades that followed, The Firestone Tire and Rubber Company continued

to expand its FIRESTONE-branded product offerings, grow in size, and enjoy tremendous commercial success. Today, FIRESTONE tires have one of the largest market shares for passenger vehicles and have been offered as original equipment on many different brands of vehicles. 11. In addition to tires, and as discussed below, Firestone offers a wide array of

products and services through its related companies, including golf tournaments, facilities, and services; sporting goods; retail automotive stores and services; polymers; fibers and textiles; building, industrial, and specialty products; and related products and services. 12. Concerning its golf services, Harvey Firestone established the historic

FIRESTONE COUNTRY CLUB golf club in 1929. The FIRESTONE COUNTRY CLUB golf
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club is home to some of the worlds best golf courses and has hosted many high-profile golf tournaments over the years, including the Bridgestone Invitational, PGA Championship, World Series of Golf, and World Golf Championships. 13. Firestone has long offered various sports products, including but not limited to

golf hats, shirts, gloves, balls, and other products and accessories. 14. Firestone has offered retail-store services since at least as early as 1926 through

its related company Bridgestone Retail Operations, LLC. FIRESTONE retail stores provide a full assortment of tires and automobile maintenance and repair services. Over the years, Firestone has grown its automotive maintenance and repair business to approximately 1,500 company-owned stores nationwide. 15. Firestone is one of the leading manufacturers and innovators of industrial,

building, and specialty products in the United States. Through its numerous manufacturing facilities, Firestone produces and sells polymers for various consumer applications (e.g., plastics), roofing systems and accessories, geomembrane and lining systems (for, among other things, commercial and residential ponds), thru-wall flashing, polyiso insulation, and paving systems. 16. Additionally, over the last seventy years Firestone has grown to become the

worlds top manufacturer of air springs (i.e., air-filled rubber or elastomer bags that are pressurized to provide support) for a variety of applications, including use as part of suspension systems in passenger and industrial vehicles. Today, Firestones air springs are used on more trucks than any other brand and on over half of all the trucks on the road in North America. 17. Firestone also manufactures and sells high-quality fibers and textiles, which are

important components in a variety of products including, for example, camping gear, military tents, automotive belts, cargo netting, truck covers, hoses, and coating fabrics.

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18.

In addition to all of the above, Firestone has offered an array of apparel (e.g., t-

shirts, sweatshirts, polo shirts, jackets), caps and hats, footwear, office items, drink ware, duffle bags, and other products to promote its business, name, and reputation, including calendars, toys, clocks, floor mats, stools, folding chairs, tools, flashlights, watches, coasters, key chains, and mugs. FIRESTONES FAMOUS TRADEMARKS 19. Since its beginning over a century ago, Firestone has been using the FIRESTONE

mark in the stylized form shown below consisting of red lettering in Old English font (the Stylized FIRESTONE mark).

20.

Starting at least as early as 1922, Firestone adopted and began using a stylized

design of the letter F in Old English font, alone and/or within a shield, as a trademark and corporate logo (the F-Shield):

21.

Firestone has used versions of the F-Shield since its introduction that have

incorporated minor stylistic changes, while retaining the same uniform overall commercial impression, for example:

22.

Following Firestones initial adoption of the Stylized FIRESTONE and F-Shield

marks (collectively the Firestone Marks), and throughout the companys storied history, Firestone has prominently featured the Firestone Marks as its corporate logos and in connection
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with virtually all of its products and services, including on tens of millions of tires sold each year, retail-store signs appearing nationwide (example shown below), and the wide range of other products and services listed above.

23.

The Firestone Marks have been used for caps and other clothing items since at

least as early as 1932, as shown in the following examples. In several cases, the stylized FIRESTONE mark appears on the front of the cap with the F-Shield appearing on the back.

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24.

As shown in the examples below, the Firestone Marks are also used on a variety

of shoes and sandals through Firestones licensees Fila and Double Diamond Distribution Ltd.

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25.

Firestone owns, among others, the following valid and subsisting U.S. trademark

registrations for the Firestone Marks: Mark

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Goods/Services

Reg. No.

Reg. Date

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Mark

Goods/Services Caps, Coveralls, Raincoats for Service Station Attendants, and Jackets for General Use. Rubber tires Vehicle tires and inner tubes therefor Retail tire and automotive store services Automotive repair and maintenance services Retail tire store services Footwear

Reg. No. 0396796

Reg. Date 08/4/1942

0140804 1387468 1178631 3173847 3173840 3966303

03/29/1921 03/25/1986 11/17/1981 11/21/2006 11/21/2006 05/24/2011

Rubber tires, pneumatic inner tubes, rubberimpregnated tire building and rebuilding fabrics; tire-repair gum materials in sheet form-namely, tread gums, cushion gums, camel-back-tread gums, and combination gums Retail Tire and Automotive Store Services

0201751

8/4/1925

1170711

9/ 22/1981

Thermoplastic roofing membrane

3,364,716 1/ 8/2008

26.

Firestones Registration Nos. 0396796, 0140804, 1387468, 1178631, 0201751,

and 1170711 are incontestable. 27. Firestone, through its related companies, uses and/or has used the registered

Firestone Marks in the United States for the products and services identified in Paragraph 22, and
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for other products and services. SALE AND PROMOTION OF FIRESTONE PRODUCTS AND SERVICES 28. In recent years, Firestone has sold over one-billion dollars of tires and automotive

services (in addition to its various other products and services) under the Firestone Marks through its retail stores and other outlets. 29. Firestone has spent hundreds of millions of dollars advertising, marketing, and

promoting the Firestone Marks in connection with its products and services through a variety of media, including television advertisements, print advertisements, the Internet, and an array of sponsorships, product placements, promotions, and promotional materials. Among other things, Firestones television advertisements have been broadcast nationally through major network and cable-television programming. And its print advertisements have regularly appeared in major national publications such as the Wall Street Journal, USA Today, Sports Illustrated, Road and Track, and Car and Driver. 30. Additionally, Firestone has for many years sponsored numerous high-profile

national and regional events, leagues, and venues through which the Firestone Marks have received considerable exposure, media coverage, and recognition. For example, Firestone is (and/or has been) the Official Tire of Major League Baseball, Official Tire of the Indy Racing League and the Indianapolis 500, etc. 31. In addition, the Firestone Marks are promoted and displayed in a variety of ways

through Firestones over 1,500 company-owned stores and over 8,000 retail points of sale by authorized independent dealers that have signage and/or other materials bearing the Firestone Marks displayed in and outside their stores. 32. On average, Firestone currently spends over ten million dollars per year

advertising and promoting the Firestone Marks and the products and services offered under those
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marks. Moreover, the Firestone Marks have received considerable third-party press, attention, and recognition. 33. Firestone has established considerable and valuable trademark rights and goodwill

in the Firestone Marks through use of those marks for many decades, substantial promotional and marketing efforts, substantial advertising and promotional expenditures, and substantial sales and revenues in connection with the marks. 34. As a result of extensive use, sales, advertising, promotion, commercial success,

and third-party recognition, the Firestone Marks are strong, well-known, and famous. DEFENDANTS AND THEIR WRONGFUL ACTS 35. Defendants offer and sell the baseball cap shown below (the Infringing Cap):

36.

The marks shown on the Infringing Caps (the Infringing Marks) copy the

distinctive style, color, design, and overall appearance and commercial impression of the Firestone Marks. 37. Defendants sell the Infringing Cap through their interactive Internet website

located at www.jamgoods.com, which targets and is accessible by consumers in this District.

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38.

Hoping to resolve this matter without the need for litigation, Firestone wrote to

Defendant JamGoods Inc. and asked that it stop selling the Infringing Cap and using the Infringing Marks. 39. Defendant JamGoods Inc. failed to respond to Firestones requests, and

Defendants continue to promote and sell the Infringing Cap on their website. INJURY TO THE PUBLIC AND FIRESTONE 40. Defendants unauthorized use of the Infringing Marks has caused and/or is likely

to cause confusion, mistake, and deception as to the source or origin of Defendants Infringing Cap, and is likely to falsely suggest a sponsorship, connection, or association between Defendants, their Infringing Cap, and/or their commercial activities with Firestone. 41. Defendants actions described above are likely to dilute the distinctiveness and

value of Firestones famous Firestone Marks. 42. Defendants unauthorized use of the Infringing Marks has damaged and

irreparably injured, and, if permitted to continue will further damage and irreparably injure Firestone, the Firestone Marks, Firestones reputation and goodwill associated with its marks, and the publics interest in being free from confusion. 43. Defendants knew, or should have known, that their use of the Infringing Marks

violates Firestones rights in the Firestone Marks. As a result, Defendants have acted knowingly, willfully, in reckless disregard of Firestones rights, and in bad faith. FIRST CLAIM FOR RELIEF Trademark Infringement Under Section 32(1) of the Lanham Act, 15 U.S.C. 1114(1) 44. Firestone repeats and realleges each and every allegation set forth in paragraphs 1

through 43 of this Complaint.

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45.

Without Firestones consent, Defendants used and continue to use in commerce

reproductions, copies, and colorable imitations of Firestones registered Firestone Marks in connection with the offering, distribution, and advertising of goods, which is likely to cause confusion, or to cause mistake, or to deceive, in violation of Section 32(1) of the Lanham Act, 15 U.S.C. 1114(1).

SECOND CLAIM FOR RELIEF Trademark Infringement, False Designation of Origin, Passing Off, and Unfair Competition Under Section 43(a)(1)(A) of the Lanham Act, 15 U.S.C. 1125(a)(1)(A) 46. Firestone repeats and realleges each and every allegation set forth in paragraphs 1

through 45 of this Complaint. 47. Defendants actions, as described above, are likely to cause confusion, or to cause

mistake, or to deceive as to the origin, sponsorship, or approval of Defendants, their products, and/or their commercial activities by or with Firestone, and thus constitute trademark infringement, false designation of origin, passing off, and unfair competition in violation of Section 43(a)(1)(A) of the Lanham Act, 15 U.S.C. 1125(a)(1)(A). THIRD CLAIM FOR RELIEF Trademark Dilution Under Section 43(c) of the Lanham Act, 15 U.S.C. 1125(c) 48. Firestone repeats and realleges each and every allegation set forth in paragraphs 1

through 47 of this Complaint. 49. Firestones Firestone Marks are famous, as that term is used in 15 U.S.C.

1125(c), and were famous before Defendants first use of the Infringing Marks, based on, among other things, the federal registration of the Firestone Marks and the extensive nationwide use, advertising, promotion, and recognition of the Firestone Marks.
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50.

Defendants actions, as described above, are likely to dilute the distinctive quality

of the Firestone Marks in violation of Section 43(c) of the Lanham Act, 15 U.S.C. 1125(c), as amended by the Trademark Dilution Revision Act of 2006. FOURTH CLAIM FOR RELIEF Common-Law Trademark Infringement and Unfair Competition 51. Firestone repeats and realleges each and every allegation set forth in paragraphs 1

through 50 of this Complaint. 52. Defendants actions, as described above, are likely to cause confusion, or to cause

mistake, or to deceive as to the affiliation, connection, or association of Defendants with Firestone, or as to the origin, sponsorship, or approval of Defendants, their products, and their commercial activities by or with Firestone such that Defendants acts constitute infringement of Firestones proprietary rights in the Firestone Marks, misappropriation of Firestones goodwill in those marks, and unfair competition under Tennessee common law. FIFTH CLAIM FOR RELIEF Unfair and Deceptive Trade Practices Under the Tennessee Consumer Protection Act 53. Firestone repeats and realleges each and every allegation set forth in paragraphs 1

through 52 of this Complaint. 54. Defendants actions, as described above, are likely to cause confusion, or to cause

mistake, or to deceive as to the origin, sponsorship, or approval of Defendants, their products, and/or their commercial activities by or with Firestone, and thus constitute unfair or deceptive practices in violation of the Tennessee Consumer Protection Act, Tenn. Code Ann. 47-18-104. SIXTH CLAIM FOR RELIEF Dilution under Tennessee Law 55. Firestone repeats and realleges each and every allegation set forth in paragraphs 1

through 54 of this Complaint.

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56.

Firestones Firestone Marks are widely recognized by the general consuming

public in Tennessee as a designation of source for Firestones services and products. 57. Through extensive use and promotion, Firestones distinctive Firestone Marks are

famous, as defined under Tenn. Code Ann. 47-25-513, and were famous before Defendants first use of the Infringing Marks. 58. Defendants use of the Infringing Marks, as described above, is likely to dilute the

distinctive quality of the Firestone Marks, as defined under Tenn. Code Ann. 47-25-513. JURY DEMAND Pursuant to Fed. R. Civ. P. 38, Firestone respectfully demands a trial by jury on all issues properly triable by a jury in this action. PRAYER FOR RELIEF WHEREFORE, Firestone requests that this Court enter judgment in its favor on each and every claim for relief set forth above and award it relief including, but not limited to, the following: A. An Order declaring that Defendants use of the Infringing Marks infringes the

Firestone Marks and constitutes dilution and unfair competition under federal and/or state law, as detailed above; B. A permanent injunction enjoining Defendants and their employees, agents,

partners, officers, directors, owners, shareholders, principals, subsidiaries, related companies, affiliates, distributors, dealers, and all persons in active concert or participation with any of them:

1.
Cap;

From offering, selling, promoting, distributing, or depicting the Infringing

2.

From using or registering the Infringing Marks, the Firestone Marks, and

any other marks or names that are likely to be confused with or to dilute the Firestone
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Marks as or as part of a product name or logo, company name or logo, trademark, service mark, trade name, business name, fictitious name, slogan, tagline, domain name, e-mail address, URL, social-media name, screen name, keyword, metatag, or other name or identifier;

3.

From representing by any means whatsoever, directly or indirectly, that

Defendants, any products or services offered by Defendants, or any activities undertaken by Defendants, are associated or connected in any way with Firestone or sponsored or authorized by or affiliated with Firestone; C. An Order directing Defendants to, within thirty (30) days after the entry of the

injunction, file with this Court and serve on Firestones attorneys a report in writing and under oath setting forth in detail the manner and form in which Defendants have complied with the injunction; D. An Order directing Defendants to immediately send to Firestone all products

(including but not limited to the Infringing Caps), signage, advertisements, promotional materials, stationery, forms, and/or any other materials and things that contain or bear the Infringing Marks, or any other marks or names that are likely to be confused with or to dilute the Firestone Marks; E. An Order requiring Defendants or any ISP used by Defendants to immediately

remove all products bearing the Infringing Marks and any other uses of the Prohibited Terms from the www.jamgoods.com website and any other website(s) owned or controlled by Defendants or a related entity or person. F. An Order requiring Defendants to disseminate pre-approved corrective

advertising and send pre-approved letters to all customers, agents, and representatives to address the likely confusion and dilution caused from its use of the Infringing Marks;
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G.

An Order requiring Defendants to account for and pay to Firestone any and all

profits arising from the foregoing acts, and increasing such profits, including trebling them, in accordance with 15 U.S.C. 1117, Tenn. Code Ann. 47-18-109, and other applicable laws; H. An Order requiring Defendants to pay Firestone damages in an amount as yet

undetermined caused by the foregoing acts, and trebling such damages in accordance with 15 U.S.C. 1117 and other applicable laws; I. An Order requiring Defendants to pay Firestone punitive damages in an amount to

be determined due to the foregoing willful acts of Defendants; J. An Order requiring Defendants to pay Firestone its costs and attorneys fees in

this action pursuant to 15 U.S.C. 1117, Tenn. Code Ann. 47-18-109, and other applicable laws; and K. Other relief as the Court may deem appropriate. s/ Heather J. Hubbard Robert E. Boston, BPR# 9744 Heather J. Hubbard, BPR# 23699 WALLER LANSDEN DORTCH & DAVIS, LLP Nashville City Center 511 Union Street, Suite 2700 Nashville, TN 37219 (615) 244-6380 (615) 244-6804 (facsimile) E-mail: bob.boston@wallerlaw.com heather.hubbard@wallerlaw.com Douglas A. Rettew (pro hac motion to be submitted) Danny M. Awdeh (TN Bar No. 022663) FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 901 New York Avenue N.W. Washington, D.C. 20001-4413 (202) 408-4000 (202) 408-4400 (facsimile) E-mail: doug.rettew@finnegan.com & danny.awdeh@finnegan.com Attorneys for Plaintiff Bridgestone Brands, LLC
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