Complaint Lamborghini V Sangiovese

Case 2:11-cv-01154-ECR -RJJ Document 1
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400 SOUTH FOURTH STREET, SUITE 450 LAS VEGAS, NEVADA 89101 TEL.: (702) 634-5000 FAX: (702) 380-8572
ARIEL E. STERN, ESQ. Nevada Bar No. 8276 JACOB D. BUNDICK, ESQ. Nevada Bar No. 9772 AKERMAN SENTERFITT 400 South Fourth Street, Suite 450 Las Vegas, Nevada 89101 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: ariel.stern@akerman.com Email: jacob.bundick@akerman.com Attorneys for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF NEVADA AUTOMOBILI LAMBORGHINI, S.p.A., an Italian Company, Plaintiff, - against SANGIOVESE, LLC, a Nevada Limited Liability Company, SANGIOVESE BANQUET, LLC, a Nevada Limited Liability Company, and DAL TORO EXOTIC CARS LAS VEGAS, LLC, a Nevada Limited Liability Company, Defendants. Case No.: 2:11-cv-01154
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COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF
Plaintiff, AUTOMOBILI LAMBORGHINI, S.p.A., ("Lamborghini"), complains and alleges against Defendants, SANGIOVESE, LLC, SANGIOVESE BANQUET, LLC, and DAL TORO EXOTIC CARS LAS VEGAS, LLC, (collectively "Defendants"), as follows: I. 1. NATURE OF THE ACTION
Lamborghini seeks damages and injunctive relief pursuant to Sections 32, 34, 43(a)
and 43(c) of the Lanham Act (15 U.S.C. 1114, 1116, 1125(a) and (c)), Section 598.0915(3) of the Nevada Revised Statutes, and common law. ///
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II. 2.
JURISDICTION AND VENUE
This Court has jurisdiction over the subject matter of this action pursuant to Section
39 of the Lanham Act (15 U.S.C. 1121), and 28 U.S.C. 1331, 1332(a) and 1338, and has supplemental jurisdiction pursuant to 28 U.S.C. 1367(a). 3. Venue is properly founded in this judicial district pursuant to 28 U.S.C. 1391(b) and
(c) because Defendants are subject to personal jurisdiction within this judicial district and operate businesses within this district because a substantial part of the events giving rise to these claims occurred within this district. III. 4. THE PARTIES
Lamborghini is a company organized and existing under the laws of Italy, having its
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principal place of business at Via Modena 12, 40019, Sant' Agata, Bolognese, Italy. Lamborghini is or has been the manufacturer of the world famous Automobili Lamborghini sportscars including, but not limited to, Lamborghini Murcielago, Lamborghini Gallardo, Lamborghini Reventon, Lamborghini Diablo and Lamborghini Countach. 5. Lamborghini is the holder of the world famous Lamborghini Trademarks, defined
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herein, including, but not limited to, the phrase Automobili Lamborghini, the phrase Lamborghini, the Automobili Lamborghini Bull-In-Shield Logo and the Lamborghini Bull-InShield Logo. 6. Defendant Sangiovese, LLC ("Sangiovese"), upon information and belief, is a limited
liability company organized and existing under the laws of the State of Nevada, having a principal place of business at 4525 Dean Martin Drive, #1606, Las Vegas, NV 89103 and operating businesses within this jurisdiction at The Palazzo Resort Hotel and Casino, 3325 Las Vegas Blvd. S., Las Vegas, NV 89109, including the Dal Toro Exotic Car Showroom, Dal Toro Merchandise Gallery, and Dal Toro Il Ristorante Italiano, and of which Lorenzo Barracco ("Barracco") is Manager. Upon information and belief, Sangiovese also conducts business within this jurisdiction through the operation of the fully interactive website domain: www.daltoro.com. 7. Defendant Sangiovese Banquet, LLC ("Sangiovese Banquet"), upon information and
belief, is a limited liability company organized and existing under the laws of the State of Nevada,
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having a principal place of business at 4525 Dean Martin Drive, #2806, Las Vegas, NV 89103 and operating businesses within this jurisdiction at The Palazzo Resort Hotel and Casino, 3325 Las Vegas Blvd. S., Las Vegas, NV 89109, including the Dal Toro Exotic Car Showroom, Dal Toro Merchandise Gallery and Dal Toro Il Ristorante Italiano, and of which Barracco is Manager. Upon information and belief, Sangiovese Banquet also conducts business within this jurisdiction through the operation of the fully interactive website domain: www.daltoro.com. 8. Defendant Dal Toro Exotic Cars Las Vegas, LLC ("Dal Toro Exotic Cars"), upon
information and belief, is a limited liability company organized and existing under the laws of the State of Nevada, having a principal place of business at 4525 Dean Martin Drive, #1606, Las Vegas, NV 89103 and operating business within this jurisdiction at The Palazzo Resort Hotel and Casino, 3325 Las Vegas Blvd. S., Las Vegas, NV 89109, including the Dal Toro Exotic Car Showroom, and of which Barracco is Manager. Upon information and belief, Dal Toro Exotic Cars also conducts business within this jurisdiction through the operation of the fully interactive website domain: www.daltoro.com. 9. Defendants, upon information and belief, in their everyday operation, including
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through the Exotic Car Showroom, Merchandise Gallery, Restaurant and/or www.daltoro.com website, are directly engaging in the unauthorized use of the world famous Lamborghini Trademarks; parasitically living, trading and profiting off of the Lamborghini Trademarks; causing consumer confusion amongst the public through infringing activities and deceptive trade practices; and/or selling infringing and/or counterfeit products within this District as alleged herein. IV. THE WORLD FAMOUS LAMBORGHINI BRAND, TRADEMARKS AND TRADE DRESS 10. Lamborghini is the owner of the world famous Lamborghini Trademarks referenced
in Paragraph 5 that have become synonymous with luxurious and exotic automobiles. Moreover, the owners of the Lamborghini brand have long been recognized as worldwide leaders in the design, advertising, marketing and distribution of premium, high-quality products. Consumers and the trade instantly identify Lamborghini as the source of all products bearing the Automobili Lamborghini or Lamborghini names and affiliated trademarks.
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The Lamborghini Trademarks are strong and
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distinctive, have acquired great fame, enjoy worldwide recognition, are of great value and are thus entitled to a high degree of protection. 11. United States Federal Courts have adjudicated and upheld Lamborghinis Trademarks
as famous, protected and distinctive. See Report and Recommendation dated June 5, 2008 issued in the United States District Court for the Middle District of Florida by United States Magistrate Judge Sheri Polster Chappell [DE 37], adopted by Opinion and Order dated July 10, 2008 by United States District Judge John E. Steele [DE 47], in Automobili Lamborghini SpA and Automobili Lamborghini Holding, SpA v. The Lamboshop, Inc. and Michael Heick, 2008 WL 2743643 (M.D.Fla.)., Case No: 2:07-cv-266-FtM-29SPC; See also Final Judgment dated August 28, 2009 entered in the United States District Court for the Southern District of New York by United States District Judge P. Kevin Castel [DE 9-8], in Automobili Lamborghini SpA, Automobili Lamborghini Holding, SpA, and Lamborghini ArtiMarca SpA v. Alliance Capital, LLC a/k/a "Lamborghini Luxury", "Global Index, Inc.", and "Lamborghini Merchandise USA, Inc." and Ronald Goldberg, Case No: 1:09-cv-05896PKC. A. Lamborghinis Famous AUTOMOBILI LAMBORGHINI BULL-IN-SHIELD Design Mark 12. Lamborghini is the owner of the world famous AUTOMOBILI LAMBORGHINI
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BULL-IN-SHIELD design mark consisting of the words Automobili Lamborghini and a distinctive bull within a shield. The AUTOMOBILI LAMBORGHINI BULL-IN-SHIELD design mark is the subject of the following registrations, among others, with the United States Patent and Trademark Office: Mark Reg. No. 3717346 Serial No. 77407553 Reg. Date 12/1/2009
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3312082
78870133
10/16/2007
2254847
75334329
6/22/1999
13.
Copies of the trademark registration for the AUTOMOBILI LAMBORGHINI BULL-
IN-SHIELD design mark are attached hereto as Exhibits A, B, and C. 14. The registration for the AUTOMOBILI LAMBORGHINI BULL-IN-SHIELD design
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mark is in full force and effect and have become incontestable pursuant to 15 U.S.C. 1065. 15. Lamborghini has used the AUTOMOBILI LAMBORGHINI BULL-IN-SHIELD
design mark for many years on and in connection with the sale of high quality products, including on automobiles, vehicle parts, merchandise and apparel, and has carefully monitored and policed the use of the AUTOMOBILI LAMBORGHINI BULL-IN-SHIELD design mark. Further,
Lamborghini has expended substantial time, money and other resources in developing, advertising and otherwise promoting its AUTOMOBILI LAMBORGHINI BULL-IN-SHIELD design mark. As a result of these efforts, consumers readily identify such items bearing the AUTOMOBILI LAMBORGHINI BULL-IN-SHIELD design mark as being high quality products sponsored and approved by Lamborghini. 16. Lamborghinis AUTOMOBILI LAMBORGHINI BULL-IN-SHIELD design mark
qualifies as a famous mark, as that term is used in 15 U.S.C. 1125(c)(1). /// /// /// /// ///
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B.
Lamborghinis Famous LAMBORGHINI Type Mark 17. Lamborghini is also the owner of the world famous LAMBORGHINI type mark. The
LAMBORGHINI type mark is the subject of the following registrations, among others, with the United States Patent and Trademark Office: Mark Reg. No. LAMBORGHINI 1622382 LAMBORGHINI 3707401 18. Copies of the trademark registration for the hereto as Exhibits D and E. 19. The registration for the LAMBORGHINI type mark is in full force and effect and Serial No. Reg. Date 74019105 11/13/1990 77407165 11/10/2009 LAMBORGHINI type mark are attached
have become incontestable pursuant to 15 U.S.C. 1065. C. Lamborghinis Famous LAMBORGHINI BULL-IN-SHIELD Design Mark 20. Lamborghini is also the owner of the world famous LAMBORGHINI BULL-IN-
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SHIELD design mark consisting of the word Lamborghini and a distinctive bull within a shield. The LAMBORGHINI BULL-IN-SHIELD design mark is the subject of the following registrations, among others, with the United States Patent and Trademark Office: Mark Reg. No. 3671571 Serial No. 77407493 Reg. Date 8/25/2009
21.
A copy of the trademark registration for the LAMBORGHINI BULL-IN-SHIELD
design mark is attached hereto as Exhibit F. 22. Lamborghini has used the LAMBORGHINI BULL-IN-SHIELD design mark for
many years on and in connection with the sale of high quality products, including on automobiles, vehicle parts, merchandise and apparel, and has carefully monitored and policed the use of the LAMBORGHINI BULL-IN-SHIELD design mark. Further, Lamborghini has expended substantial time, money and other resources in developing, advertising and otherwise promoting its LAMBORGHINI BULL-IN-SHIELD design mark. As a result of these efforts, consumers readily identify such items bearing the LAMBORGHINI BULL-IN-SHIELD design mark as being high
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quality products sponsored and approved by Lamborghini. 23. Lamborghinis LAMBORGHINI BULL-IN-SHIELD design mark qualifies as a
famous mark, as that term is used in 15 U.S.C. 1125(c)(1). D. Lamborghinis Extensive Efforts to Advertise and Promote the Lamborghini Trademarks 24. Lamborghini has extensively advertised and promoted the products manufactured For decades, the Lamborghini Trademarks have received
under the Lamborghini Trademarks.
widespread exposure in the marketplace. Over the years, millions of consumers have been exposed to the Lamborghini Trademarks through extensive marketing events and campaigns, in mainstream and automotive magazines and other periodicals, as depicted on television and in motion pictures, on the Internet, and in other forms of unsolicited media coverage. 25. Over many years, Lamborghini has realized enormous and ever-increasing success in
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its sales of products bearing the Lamborghini Trademarks, such sales totaling in the millions of dollars in the United States alone. 26. Lamborghini constantly strives to maintain the prestige and reputation of quality and
luxury associated with the Lamborghini brand. Strict quality control standards are imposed in the manufacture of all Lamborghini branded products. Lamborghinis painstaking adherence to only the highest quality standards has resulted in widespread and favorable public acceptance among consumers for all products bearing the Lamborghini Trademarks. 27. As a result of Lamborghinis extensive advertising and promotion, adherence to the
highest quality standards, and extraordinary sales success, the Lamborghini Trademarks, as well as other well known designs, logos and indicia introduced by Lamborghini, are among the most widelyrecognized automotive trademarks and source indicia in the United States, possessing strong secondary meaning among consumers and the trade, immediately identifying Lamborghini as the exclusive source of the products to which they are affixed, and signifying goodwill of incalculable value. V. DEFENDANTS ACTS OF INFRINGEMENT AND UNFAIR COMPETITION 28. In connection with their businesses, the Defendants are presently using Lamborghini's
Trademarks, name and logo without authorization, permission or license. Brashly, Defendants
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prominently display a large and striking LAMBORGHINI BULL-IN-SHIELD protected design mark at the entrance of Defendants' premises and a LAMBORGHINI protected type mark within Defendants' Exotic Car Showroom. A recent photograph of the unauthorized and infringing use by Defendants of Lamborghini's Trademark is attached hereto as Exhibit G. A copy of a printout from www.daltoro.com depicting the unauthorized and infringing display of the Lamborghini scripted type mark is attached hereto as Exhibit H. 29. Additionally, Defendants have engaged in designing, manufacturing, advertising,
promoting, selling and/or offering for sale apparel and accessory products for consumers bearing logos and source-identifying indicia that are studied imitations of the Lamborghini Trademarks, including a bull-in-shield design (collectively the Infringing Products). The Dal Toro Mark shown in Exhibit G, and deliberately placed next to Lamborghini's Trademark at Defendants' premises, is confusingly similar in shape, color and design to Lamborghini's. 30. The Infringing Products which display the infringing Dal Toro Mark are advertised,
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promoted and sold through the Defendants' Exotic Car Showroom, Merchandise Gallery and/or Restaurant. Defendants have strategically and deliberately placed such Infringing Products directly next to authentic Lamborghini merchandise and Lamborghini Trademarks so as to foreseeably cause confusion to the viewing public and consumers that Defendants' Infringing Products are somehow sponsored by, affiliated with, or authorized by Lamborghini. Similarly, infringing Dal Toro signage is placed along side Lamborghini's Trademarks at Defendants' premises and used in conjunction with the sale of the Infringing Products and other authentic Lamborghini merchandise. This plain intent of Defendants in such product placement is to bootstrap and tie the Infringing Products to the Lamborghini name, image, likeness and brand. 31. On or about May 21 and 22, 2008, Lamborghini met with Defendants Sangiovese and
Sangiovese Banquet and their Manager Barracco to address the infringing Dal Toro Mark. Barracco, on behalf of said Defendants, agreed that the Dal Toro logo would be removed from all signage in and around Defendants' premises, including the Restaurant, that the Dal Toro Mark would be deregistered and canceled of record with the U.S. Patent and Trademark Office, and that the Infringing Products containing the Dal Toro Mark would be discontinued.
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32.
On or about May 23, 2008, one day after the above meetings concluded, a proposed
Service Mark and Trademark Agreement confirming these accords was prepared and delivered to Defendants Sangiovese and Sangiovese Banquet for execution. Lamborghini also followed up on numerous occasions. However, Defendants' infringing actions persisted. 33. Thereafter, on September 11, 2008, Lamborghini issued to Defendants Sangiovese
and Sangiovese Banquet a Notice of Trademark Infringement and Demand to Cease and Desist from further use of the Dal Toro Mark, withdrawal of its registration with the U.S. Patent and Trademark Office, and removal of all infringing signage and merchandise. Exhibit I. Again, said Defendants failed to respond or take the agreed corrective actions and continued their infringing activities. 34. Upon information and belief, Defendants continued and intend to continue to design,
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manufacture, advertise, promote, display, sell and/or offer for sale the Infringing Products, unless otherwise restrained. Their infringing materials remain in defiance of Lamborghini's demands to cease and desist. 35. On or about May 4, 2009, the Dal Toro Mark was determined abandoned by the U.S.
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Patent and Trademark Office for Sangiovese Banquet's failure to file a Statement of Use. However, the Dal Toro Mark continues to be proximately displayed and its use expanded through business cards, merchandise and signage, and through www.daltoro.com. 36. Defendants are well aware of the extraordinary fame and strength of the previously
established Lamborghini Trademarks and the incalculable goodwill symbolized thereby, and that the Infringing Products and infringing signage misstate to the public and the trade, the source or sponsorship for the products and signs they are manufacturing, advertising, displaying and/or distributing. Accordingly, Defendants have been engaging in the above-described unlawful
activities knowingly and intentionally, or with reckless disregard for Lamborghinis rights in the Lamborghini Trademarks. 37. Together with, and in addition to the Infringing Products and infringing signage,
Defendants are using various other design elements and designations, including, but not limited to certain fonts, typefaces, designs and graphic designs that are knockoffs of design elements and designations used by or associated with Lamborghini (the Knockoff Products), all with the
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deliberate intention to cause consumers and the trade to believe that their products are manufactured or produced by Lamborghini, sponsored by Lamborghini, affiliated with Lamborghini or that they are authentic Lamborghini merchandise. 38. Defendants' advertisement, promotion and sale of the Knockoff Products is part of a
sophisticated and elaborate scheme to target Lamborghini, to create products that are similar in appearance to well-known Lamborghini products, and to trade upon the goodwill and reputation associated with Lamborghini and its high quality, distinctive product lines, including by deliberately misleading the public and the trade as to the authenticity, source, affiliation or sponsorship of Defendants operations and products. 39. Rather than going through the effort and expense of developing and creating their
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own unique designs, Defendants have chosen to target and live parasitically off Lamborghini by knowingly and slavishly replicating Lamborghinis world-famous design elements and designations, to advantage the markets and demand Lamborghini has created for such designs without having to incur the developmental, promotional and advertising expenses that Lamborghini has incurred. 40. Upon information and belief, Defendants pervasive use, display and sale of the
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Knockoff Products are blatant attempts to misappropriate the skills, expenditures, know how and labors of Lamborghini, and profit from the commercial advantage Lamborghini has established, and the international recognition Lamborghini has achieved for its famous design elements and designations. 41. Upon further information and belief, Defendants intend to continue to sell such
Knockoff Products, and will continue to misappropriate additional design elements and designations associated with Lamborghini, unless otherwise restrained. 42. As a result of the Defendants' infringing activities and unfair competition,
Lamborghini has been damaged. /// /// /// ///

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FIRST CLAIM FOR RELIEF TRADEMARK INFRINGEMENT (15 U.S.C. 1114(1)(a)) 43. The allegations set forth in paragraphs 1 through 42 hereof are adopted and
incorporated by reference as if fully set forth herein. 44. Defendants have used in commerce, a reproduction, counterfeit, copy or colorable
imitation of Lamborghini's Trademarks in connection with the sale, offering for sale, distribution or advertising of its Infringing Products. 45. Defendants Infringing Products and infringing signage are intended to cause, have
caused and are likely to continue to cause, confusion, mistake and deception among the general consuming public and the trade as to whether they originate, are affiliated with, or sponsored or endorsed by Lamborghini. 46. Lamborghini's Trademarks have priority over the Dal Toro Mark used on the
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Infringing Products and infringing signage. 47. Upon information and belief, Defendants have acted with knowledge of
Lamborghinis ownership of the Lamborghini Trademarks and with the deliberate intention to unfairly benefit from the incalculable goodwill symbolized thereby. 48. Defendants acts constitute trademark infringement in violation of Section 32 of the
Lanham Act (15 U.S.C. 1114). 49. Upon information and belief, by their acts, Defendants have made and will make
substantial profits and gains to which they are not in law or equity entitled. 50. Upon information and belief, Defendants intend to continue their infringing acts, and
continue to willfully infringe the Lamborghini Trademarks, unless restrained by this Court. 51. Defendants acts have damaged and will continue to damage Lamborghini, and
Lamborghini has no adequate remedy at law. /// /// /// ///

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SECOND CLAIM FOR RELIEF FALSE DESIGNATION OF ORIGIN (15 U.S.C. 1125(a)) 52. The allegations set forth in paragraphs 1 through 42 hereof are adopted and
incorporated by reference as if fully set forth herein. 53. Defendants promotion, distribution, sale and offering for sale of the Infringing
Products, together with Defendants use of other designations and indicia associated with Lamborghini, is intended, and is likely to confuse, mislead, or deceive consumers, the public, and the trade as to the origin, source, sponsorship, or affiliation of the Infringing Products, and is intended, and is likely to cause such parties to believe in error that the Infringing Products have been authorized, sponsored, approved, endorsed or licensed by Lamborghini, or that Defendants are in some way affiliated with Lamborghini. 54. Defendants acts constitute a false designation of origin, and false and misleading
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descriptions and representations of fact, all in violation of Section 43(a) of the Lanham Act (15 U.S.C. 1125(a)). 55. Upon information and belief, by their acts, Defendants have made and will make
substantial profits and gains to which they are not in law or equity entitled. 56. Upon information and belief, Defendants intend to continue their willfully infringing
acts unless restrained by this Court. 57. Defendants acts have damaged and will continue to damage Lamborghini, and
Lamborghini has no adequate remedy at law. THIRD CLAIM FOR RELIEF TRADEMARK DILUTION (15 U.S.C. 1125(c)) 58. The allegations set forth in paragraphs 1 through 42 hereof are adopted and
incorporated by reference as if fully set forth herein. 59. States. 60. The Lamborghini Trademarks are famous, strong and distinctive marks that have Lamborghini is the exclusive owner of the Lamborghini Trademarks in the United
been in use for many years and have achieved enormous and widespread public recognition.
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61.
The Lamborghini Trademarks are famous within the meaning of Section 43(c) of the
Lanham Act (15 U.S.C. 1125(c)). 62. Defendants commercial use of the Infringing Products and infringing signage in
commerce after Lamborghini's Trademarks became famous, without authorization from Lamborghini, is diluting the distinctive quality of the Lamborghini Trademarks and decreasing the capacity of such marks to identify and distinguish Lamborghinis goods. 63. Defendants have intentionally and willfully diluted the distinctive quality of the
famous Lamborghini Trademarks in violation of Section 43(c) of the Lanham Act (15 U.S.C. 1125(c)). 64. Upon information and belief, by their acts, Defendants have made and will make
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Lamborghini has no adequate remedy at law. FOURTH CLAIM FOR RELIEF UNFAIR COMPETITION (15 U.S.C. 1125(a)) 67. The allegations set forth in paragraphs 1 through 42 hereof are adopted and
incorporated by reference as if fully set forth herein. 68. Defendants have used in commerce a reproduction, counterfeit, copy or colorable
imitation of Lamborghini's Trademarks in connection with the sale, offering for sale, distribution or advertising of its Infringing Products. 69. Defendants Infringing Products and infringing signage are intended to cause, have
caused and are likely to continue to cause confusion, mistake and deception among the general consuming public and the trade as to whether they originate, are affiliated, sponsored, or endorsed by Lamborghini. Specifically, Defendants have used and prominently display Lamborghini's priority Trademarks, without authorization, permission or license, in conjunction with and adjacent to the Dal Toro Mark at their premises.
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70.
Upon information and belief, Defendants have acted with knowledge of
Lamborghinis ownership of the Lamborghini Trademarks and with the deliberate intention to unfairly benefit from the incalculable goodwill symbolized thereby. 71. Defendants acts constitute unfair competition in violation of Section 43(a) of the
Lanham Act (15 U.S.C. 1125(a)). 72. Upon information and belief, by their acts, Defendants have made and will make
substantial profits and gains to which they are not in law or equity entitled. 73. Upon information and belief, Defendants intend to continue their infringing acts, and
will continue to willfully infringe the Lamborghini Trademarks, unless restrained by this Court. 74. Defendants acts have damaged and will continue to damage Lamborghini, and
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Lamborghini has no adequate remedy at law. FIFTH CLAIM FOR RELIEF COMMON LAW TRADEMARK INFRINGEMENT 75. The allegations set forth in paragraphs 1 through 42, and 43 through 51, hereof are
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adopted and incorporated by reference as if fully set forth herein. 76. Lamborghini owns all right, title, and interest in and to the Lamborghini Trademarks
as aforesaid, including all common law rights in such marks. 77. common law. 78. Upon information and belief, by their acts, Defendants have made and will make The aforesaid acts of Defendants constitute trademark infringement in violation of
Lamborghini has no adequate remedy at law. /// /// ///

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SIXTH CLAIM FOR RELIEF COMMON LAW UNFAIR COMPETITION 81. The allegations set forth in paragraphs 1 through 42, and 67 through 74, hereof are
adopted and incorporated by reference as if fully set forth herein. 82. The aforesaid acts of the Dal Toro Defendants constitute unfair competition in
violation of common law. 83. Upon information and belief, by their acts, Defendants have made and will make
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Lamborghini has no adequate remedy at law. SEVENTH CLAIM FOR RELIEF TRADEMARK COUNTERFEITING (15 U.S.C. 1114(1)(a), 1116) 86. The allegations set forth in paragraphs 1 through 42 hereof are adopted and
incorporated by reference as if fully set forth herein. 87. Defendants, without authorization from Lamborghini, have used and are continuing to
use, advertise, promote and sell, including through the Knockoff Products, spurious designations that are identical to, or substantially indistinguishable from, Lamborghinis AUTOMOBILI LAMBORGHINI type mark and LAMBORGHINI type mark. 88. Defendants, without authorization from Lamborghini, have used and are continuing to
use, advertise, promote and sell, including through the Knockoff Products, spurious designations that are identical to, or substantially indistinguishable from, Lamborghinis AUTOMOBILI LAMBORGHINI BULL-IN-SHIELD design mark and LAMBORGHINI BULL-IN-SHIELD design mark. 89. The foregoing acts of Defendants are likely to cause confusion, mistake, or deceive
consumers into believing that Defendants products are genuine or authorized products of Lamborghini.
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90.
Defendants acts constitute trademark counterfeiting in violation of Section 32 of the
Lanham Act (15 U.S.C. 1114), and Section 34 of the Lanham Act (15 U.S.C. 1116). 91. Upon information and belief, by their acts, Defendants have made and will make
substantial profits and gains to which they are not in law of equity entitled. 92. Upon information and belief, Defendants intend to continue their infringing acts, and
will continue to willfully infringe Lamborghinis AUTOMOBILI LAMBORGHINI type mark and LAMBORGHINI type mark. 93. Upon information and belief, Defendants intend to continue their infringing acts, and
will continue to willfully infringe Lamborghinis AUTOMOBILI LAMBORGHINI BULL-INSHIELD design mark and LAMBORGHINI BULL-IN-SHIELD design mark. 94. Defendants acts have damaged and will continue to damage Lamborghini, and
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Lamborghini has no adequate remedy at law. EIGHTH CLAIM FOR RELIEF VIOLATION OF N.R.S. 598.0915(3) DECEPTIVE TRADE PRACTICE 95. The allegations set forth in paragraphs 1 through 42 hereof are adopted and
incorporated by reference as if fully set forth herein. 96. The aforesaid acts of Defendants constitute a deceptive trade practice in violation of
the Section 598.0915(3) of the Nevada Revised Statutes. 97. By virtue of their acts, including the unauthorized prominent display of
Lamborghini's Trademarks in connection with their businesses and the infringing Dal Toro Mark, Defendants have knowingly made a false representation as to affiliation, connection, association with or certification by Lamborghini. 98. Upon information and belief, by their acts, Defendants have made and will make
Lamborghini has no adequate remedy at law.

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PRAYER FOR RELIEF WHEREFORE, Lamborghini demands judgment against Defendants as follows: 1. Finding that (i) Defendants have violated Section 32 of the Lanham Act (15 U.S.C.
1114); Section 34 of the Lanham Act (15 U.S.C. Section 1116); Section 43(a) of the Lanham Act (15 U.S.C. 1125(a)); and Section 43(c) of the Lanham Act (15 U.S.C. 1125(c)); (ii) Defendants have engaged in trademark infringement and unfair competition under common law; and (iii) Defendants have violated Section 598.0915(3) of the Nevada Revised Statutes. 2. Granting an injunction permanently restraining and enjoining Defendants, their
officers, agents, employees and attorneys, and all those persons or entities in active concert or participation with them, or any of them, from: a) manufacturing, importing, advertising, marketing, promoting, supplying,
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AKERMAN SENTERFITT
distributing, offering for sale or selling any products which bear the Lamborghini Trademarks or any other mark substantially or confusingly similar thereto, including, without limitation, the Infringing Products, infringing signage, Knockoff Products, and engaging in any other activity constituting an infringement of any of Lamborghinis rights in the Lamborghini Trademarks, or any other trademark owned by Lamborghini; and b) engaging in any other activity constituting unfair competition with
Lamborghini, or acts and practices that deceive the public and/or the trade, including, without limitation, the use of design elements and designations associated with Lamborghini; and c) engaging in any activity that will cause the distinctiveness of the Lamborghini
Trademarks or any other mark substantially or confusingly similar thereto, to be diluted. 3. Directing such other relief as the Court may deem appropriate to prevent the public
from deriving any erroneous impression that any product at issue in this case that has been manufactured, imported, advertised, marketed, promoted, supplied, distributed, offered for sale or sold by Defendants, has been authorized by Lamborghini, or is related to or associated in any way with Lamborghini or its products. 4. Directing that Defendants account to and pay over to Lamborghini all profits realized
by their wrongful acts directing that such profits be trebled in accordance with Section 35 of the
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Lanham Act (15 U.S.C. 1117). 5. At its election, awarding Lamborghini statutory damages including, in accordance
with Section 35 of the Lanham Act (15 U.S.C. 1117). 6. Awarding Lamborghini its actual damages including, in accordance with Section 35
of the Lanham Act (15 U.S.C. 1117). 7. Awarding Lamborghini its costs and attorneys fees and investigatory fees and
expenses, including to the full extent provided for by Section 35 of the Lanham Act (15 U.S.C. 1117). 8. Requiring Defendants to deliver up to Lamborghini for destruction or other
disposition all remaining inventory of all Infringing Products and Knockoff Products, including all advertising, promotional and marketing materials therefore, as well as all means of making same. 9. Awarding Lamborghini pre-judgment interest on any monetary award made part of
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the judgment against Defendants. /// /// /// /// /// /// /// /// /// /// /// /// /// /// ///
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10. proper.
Awarding Lamborghini such additional and further relief as the Court deems just and
Dated this 13th day of July, 2011. AKERMAN SENTERFITT /s/ Jacob Bundick _________ ARIEL E. STERN, ESQ. Nevada Bar No. 8276 Email: ariel.stern@akerman.com JACOB D. BUNDICK, ESQ. Nevada Bar No. 9772 Email: jacob.bundick@akerman.com 400 South Fourth Street, Suite 450 Las Vegas, Nevada 89101 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Of Counsel: AKERMAN SENTERFITT JOHN C. DOTTERRER, ESQ. Florida Bar No. 267260 john.dotterrer@akerman.com STEPHEN J. GIOVINCO, ESQ. Florida Bar No. 567051 stephen.giovinco@akerman.com 222 Lakeview Avenue, Suite 400 West Palm Beach, Florida 33401 Telephone: (561) 653-5000 Facsimile: (561) 659-6313 Attorneys for Plaintiff
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AKERMAN SENTERFITT
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Complaint Lamborghini V Sangiovese

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Case 2:11-cv-01154-ECR -RJJ Document 1

Filed 07/13/11 Page 1 of 19

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

Case 2:11-cv-01154-ECR -RJJ Document 1

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JURISDICTION AND VENUE

Case 2:11-cv-01154-ECR -RJJ Document 1

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The Lamborghini Trademarks are strong and

Case 2:11-cv-01154-ECR -RJJ Document 1

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Case 2:11-cv-01154-ECR -RJJ Document 1

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Copies of the trademark registration for the AUTOMOBILI LAMBORGHINI BULL-

Case 2:11-cv-01154-ECR -RJJ Document 1

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A copy of the trademark registration for the LAMBORGHINI BULL-IN-SHIELD

Case 2:11-cv-01154-ECR -RJJ Document 1

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under the Lamborghini Trademarks.

Case 2:11-cv-01154-ECR -RJJ Document 1

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Case 2:11-cv-01154-ECR -RJJ Document 1

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Case 2:11-cv-01154-ECR -RJJ Document 1

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Lamborghini has been damaged. /// /// /// ///

Case 2:11-cv-01154-ECR -RJJ Document 1

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Lamborghini has no adequate remedy at law. /// /// /// ///

Case 2:11-cv-01154-ECR -RJJ Document 1

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Case 2:11-cv-01154-ECR -RJJ Document 1

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Case 2:11-cv-01154-ECR -RJJ Document 1

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Upon information and belief, Defendants have acted with knowledge of

Lamborghini has no adequate remedy at law. /// /// ///

Case 2:11-cv-01154-ECR -RJJ Document 1

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Case 2:11-cv-01154-ECR -RJJ Document 1

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Defendants acts constitute trademark counterfeiting in violation of Section 32 of the

Lamborghini has no adequate remedy at law.

Case 2:11-cv-01154-ECR -RJJ Document 1

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Case 2:11-cv-01154-ECR -RJJ Document 1

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Case 2:11-cv-01154-ECR -RJJ Document 1

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