View
217
Download
0
Category
Preview:
Citation preview
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 1/48
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
Case No. 1:15-cv-00288-MR
THE BILTMORE COMPANY,
a Delaware corporation,
Plaintiff,
v.
NU U, INC.
Defendant.
)
)
)
)
)
)
)
)
)
)
AMENDED COMPLAINT
NOW COMES the Plaintiff The Biltmore Company (“Biltmore”), by and
through counsel, complaining of the Defendant as follows:
PARTIES AND JURISDICTION
1. The Biltmore Company (“Biltmore”) is a corporation organized under
the laws of Delaware with its corporate headquarters located within Buncombe
County at One North Pack Square, Asheville, North Carolina 28801.
2. Nu U, Inc. (“Nu”) is a North Carolina corporation with a principal
place of business in Buncombe County, North Carolina.
3. This Court has original subject matter jurisdiction over this action
pursuant to 28 U.S.C. § 1331, 28 U.S.C. §§ 1338(a–b), and 15 U.S.C. § 1121. This
Court has related claim and supplemental jurisdiction over the state law tort claims
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 1 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 2/48
2
alleged in this Complaint pursuant to 28 U.S.C. § 1338(b) and 28 U.S.C. §
1367(b).
4. This Court has personal jurisdiction over Nu because Nu maintains its
principle place of business within North Carolina.
5. Venue is proper in this district under 28 U.S.C. §§ 1391(b–c) because
Nu is a resident of both North Carolina and the Western District of North Carolina,
a substantial part of the events or omissions giving rise to the claims alleged in this
Complaint occurred in this district, and Nu’s principle place of business is within
the district.
FACTUAL ALLEGATIONS
6. The Biltmore brand is famous for classic, timeless beauty and elegant
hospitality. The Biltmore brand is an invitation to connect with others and savor
life’s moments. Biltmore is the destination lifestyle brand that keeps alive the
beauty of a gracious time and place.
7. The Biltmore brand is built upon Biltmore Estate, an historic multi-
purpose tourist destination covering 8,000 acres in Buncombe County, North
Carolina. Biltmore House, which George Vanderbilt built from 1889-1895, is the
focal point of the Estate. This inspiring and iconic structure is the largest privately
owned house in the United States. Then as now, the Estate provides an oasis from
the hustle and bustle of city living. Through the Estate, the legendary hospitality of
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 2 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 3/48
3
the Vanderbilts survives to this day.
8. Biltmore House has been meticulously restored to maintain historical
accuracy wherever possible. Today, Biltmore Estate is considered among the best
examples of homes from America’s Gilded Age.
9. Biltmore Estate encompasses Biltmore House and Biltmore Gardens
(available for touring and special events); more than 7000 acres of productive
managed forest, commercial vegetable and viticulture production, and crop and
livestock production (some of which is open for hiking, mountain biking and
horseback riding); Biltmore Winery (a fully functional wine-making facility);
Antler Hill Village (which includes a farm and outdoor adventure center open for
public touring); The Inn on Biltmore Estate (a large upscale hotel with dining and
conference amenities); Village Hotel on Biltmore Estate (Biltmore’s newest hotel
providing comprehensive lodging amenities); numerous dining facilities (including
Bistro, Cedric’s Tavern, Deerpark Restaurant, Smokehouse, Stable Café, The Bake
Shop, The Conservatory Café, and The Courtyard Market); as well as multiple
retail facilities that sell Biltmore branded merchandise, apparel, and jewelry.
Biltmore also maintains a significant online presence through its website,
www.biltmore.com, which provides a portal for ticket purchases, wedding
planning, hotel room and dining reservations, and merchandise sales. Biltmore
Estate as it exists today is shown below:
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 3 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 4/48
4
10. The BILTMORE mark itself is a fanciful term and inherently strong,
derived from the words “Bildt,” the place Mr. Vanderbilt’s ancestors lived in
Holland, and “more,” the Anglo-Saxon word for “open, rolling land.” Mr.
Vanderbilt himself coined the term during construction of Biltmore House.
11. The BILTMORE mark has acquired tremendous commercial strength.
12. Since 2005, there have been over two billion dollars in branded
consumer transactions under Plaintiff’s BILTMORE mark and approximately $121
million dollars spent on marketing the BILTMORE mark over the same period.
13. Biltmore Estate first opened to the public in the 1930s. Since visitor
record-keeping began after World War II, approximately thirty million paying
guests have visited Biltmore Estate. Today, Biltmore Estate hosts over 1.3 million
paying guests each year from around the world.
14. Since Biltmore Estate opened to the public in 1930, Biltmore has gone
to great expense to ensure that Biltmore House and the entire Estate is as elegant,
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 4 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 5/48
5
pristine, historically authentic, and visitor-friendly as possible. As a result, the
architecture, interior design, and decor of Biltmore House and Biltmore Estate,
have received widespread international acclaim for their historical importance and
well-preserved beauty.
15. Biltmore is ranked among the top destinations in North Carolina by
numerous travel publications. According to top travel company Fodor’s Travel,
Biltmore is “the most-visited attraction in North Carolina.” Over ten thousand
visitors to Biltmore ranked it “excellent” and “very good” on popular travel review
site “Trip Advisor,” where Biltmore also won the Trip Advisor Certificate of
Excellence.
16. Major motion pictures, television shows, and documentaries have
been filmed at Biltmore Estate, to include Forrest Gump, The Last of the
Mohicans, My Fellow Americans, Richie Rich, Patch Adams, America’s Castles:
Biltmore Estates, and One Tree Hill.
17. Biltmore hosts exhibits of interest to its guests. In 2015, Biltmore
hosted a popular “Downton Abbey” exhibition, “Dress Downton: Changing
Fashion for Changing Times” and “Upstairs-Downstairs Tour.” The exhibition
showcased costumes from the very popular television series, “Downton Abbey,”
and provided guests with both a way to learn more about their favorite television
show and a way to learn about the hospitality offered at Biltmore during the early
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 5 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 6/48
6
1900s. The “Downton Abbey” exhibition at Biltmore was covered by major news
outlets, to include USA Today, the New York Post, PBS, the Seattle Times, and
the Los Angeles Times. Images from the “Downton Abbey” exhibition at
Biltmore are shown below:
18.
Currently, Biltmore is hosting the “Fashionable Romance: Wedding
Gowns in Film” exhibition. “Fashionable Romance” showcases famous wedding
costumes from period movies, mini-series, and television shows. The webpage for
“Fashionable Romance” from Biltmore’s website is shown below:
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 6 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 7/48
7
19. Individuals visiting Biltmore house during the exhibit are greeted with
imagery of a classic and luxurious wedding experience. Guests view these famous
wedding gowns as they travel from room to room in the Biltmore House. Images
from the “Fashionable Romance” exhibition are shown below:
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 7 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 8/48
8
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 8 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 9/48
9
20. Following in the Vanderbilt tradition of philanthropy, Biltmore
supports numerous charitable causes. In particular, Biltmore supports charitable
organizations that focus on supporting people in need, working with food and
farming, and preserving natural and cultural resources. Examples of organizations
Biltmore supported in 2015 include Asheville Area Habitat for Humanity, Eblen
Charities, Business North Carolina Magazine, Hearts with Hands, MANNA
Foodbank, Mountain Housing Opportunities, ASAP, Organic Growers School,
Asheville Greenworks, WNC Friends of the Nature Center, and Forest History
Society/Cradle of Forestry.
21. In addition to its financial support of charitable work, Biltmore
provides over 900 complimentary tickets to over 400 local community
organizations for use at fundraising events or as gifts to those organizations’
employees.
22. In addition to connecting with guests at Biltmore Estate, Biltmore
connects with its guests through the Internet. Biltmore maintains a website at
www.biltmore.com, which discusses the events occurring at Biltmore. Millions of
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 9 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 10/48
10
people visit Biltmore’s website every year. In fiscal year 2015, Biltmore’s website
averaged over 502,000 unique visitors each month. Since 2005, 48 million people
have visited Biltmore.com.
23. Biltmore is active on social media. Biltmore’s social media sites
include:
a. Biltmore’s Facebook page - www.facebook.com/Biltmore - which has
more than 373,000 likes and 438,000 people identifying they visited the Biltmore
Estate. More than 16,000 people have reviewed their trip to the Biltmore Estate,
with the average review being a high 4.7 out of 5 stars.
b. Biltmore’s Instagram page - www.instagram.com/biltmoreestate/ -
which has 31.4 thousand followers.
c. Biltmore’s Twitter page - twitter.com/BiltmoreEstate - which has 28.9
thousand followers
d. Biltmore’s Google Plus page - plus.google.com/+Biltmore/posts -
which has over 16 million views.
e. Biltmore’s Pinterest page - www.pinterest.com/Biltmore/ - which has
more than 7,000 followers.
f. Biltmore’s YouTube page - www.youtube.com/c/biltmore - which has
more than 1,000 subscribers.
g. Biltmore’s winery, Biltmore Wines, maintains a Twitter presence at
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 10 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 11/48
11
twitter.com/biltmorewines, and an Instagram presence at instagram.com/biltmore
wines.
h. Biltmore’s wedding business maintains a Twitter presence at
twitter.com/biltmorewednc, and an Instagram presence at www.instagram.com/
biltmoreweddingsnc/.
24. Biltmore devotes substantial resources to promoting the BILTMORE
mark. Biltmore engages in online, television and video, radio, print (such as
magazine and newspaper), and outdoor advertising. Each year, Biltmore spends
millions of dollars to promote and market the BILTMORE mark. In the fiscal year
2015, Biltmore spent over 14 million dollars on advertising and promotion.
25. The BILTMORE brand is closely identified with the art of hospitality.
Biltmore believes hospitality is not formality; it is a lifestyle. To that end,
Biltmore works hard to ensure the BILTMORE mark is representative of elegance,
high class, timelessness, and authenticity. Biltmore is successful in these
endeavors. Consumers recognize the BILTMORE brand as elegant, expensive,
beautiful, relating to hospitality, classic, quality, and extraordinary.
26. In line with its brand reputation, Biltmore sells numerous
understatedly elegant goods on the estate through its retail establishments and
through its online store.
27. Since at least as early as 2001, Biltmore offered and continues to offer
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 11 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 12/48
12
a wide variety of women’s fashion apparel. Today, this apparel is available
through retail stores on the Biltmore Estate: The Marble Lion, located inside The
Inn on Biltmore Estate, and Antler Hill Outfitters. This apparel includes dresses,
suits, blouses, jackets, and slacks. Examples of Biltmore’s women’s fashion
apparel and accessories are shown below:
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 12 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 13/48
13
28. Biltmore offers watches and an array of jewelry under its BILTMORE
mark. Biltmore jewelry is available through Biltmore’s retail establishments and
Biltmore’s online store. Examples of Biltmore’s jewelry products are shown
below:
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 13 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 14/48
14
29. Biltmore sells lotions, soaps, and perfumes under its BILTMORE
mark. Examples of these products from Biltmore’s retail establishments and
product literature are shown below:
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 14 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 15/48
15
30. Biltmore’s retail establishments use the BILTMORE brand. The
BILTMORE mark is included on retail establishment signs, on signs used
throughout the stores, and as part of displays. Clothing purchases at Biltmore’s
retail establishments are wrapped in gray tissue paper that is held closed with a
burgundy BILTMORE sticker. Jewelry purchases are placed in BILTMORE
boxes. Purchases are placed in a BILTMORE branded bag. The receipts are
emblazoned with the BILTMORE mark. An example of such jewelry point of sale
branding is shown below:
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 15 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 16/48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 17/48
17
32. Biltmore’s retail stores are not the only place Biltmore guests and fans
purchase Biltmore’s products. As part of its website, Biltmore maintains an online
store that includes many of its numerous retail offerings. Biltmore’s online store
includes apparel, bath and body products such as soaps, lotions, and perfumes,
jewelry, wine, books, and home décor, and is located at shop.biltmore.com and is
shown below:
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 17 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 18/48
18
33. Biltmore also licenses the BILTMORE mark to licensees to produce
high quality items worthy of the BILTMORE mark across a wide variety of
consumer products to include furniture, bedding, bath ware, cookware, holiday
décor and decorative accessories. Biltmore has generated tens of millions of
dollars from licensing its BILTMORE mark.
34. Biltmore entered into a license agreement with Belk, an upscale
department store headquartered in Charlotte, North Carolina. Belk offers fashion
apparel, cosmetics, accessories, shoes, home furnishings, and wedding registry
services. Belk operates approximately 300 stores in sixteen states, mostly in the
Southeast. The BILTMORE goods at Belk reflect “Biltmore’s craftsmanship,
beauty, and legacy of gracious hospitality.” An image of Belk’s webpage featuring
BILTMORE items, and Biltmore’s webpage introducing Belk as its licensee, are
shown below:
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 18 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 19/48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 20/48
20
the world for BILTMORE and BILTMORE ESTATE. In particular, Biltmore
owns:
a. Incontestable U.S. Trademark Registration Nos.
2,361,022; 3,210,613; 3,690,732; and 3,791,632; 3,855,102 for
BILTMORE. These registrations are valid, enforceable and
subsisting. True and accurate copies of these registrations are
attached hereto as Exhibits A—E.
b.
U.S. Trademark Registration Nos. 4,029,560 and
4,769,396 for BILTMORE. These registrations are valid,
enforceable and subsisting. True and accurate copies of these
registrations are attached hereto as Exhibits F and G.
c. Incontestable U.S. Trademark Registration Nos.
1,616,971, 1,618,044, and 2,316,670 for BILTMORE
ESTATE; U.S. Trademark Registration No. 4,542,205 for
BILTMORE CENTER FOR PROFESSIONAL
DEVELOPMENT; and U.S. Trademark Registration No.
3,846,281 for BILTMORE BREWING COMPANY. These
registrations are valid, enforceable and subsisting. True and
accurate copies of these registrations are attached hereto as
Exhibits H—L
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 20 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 21/48
21
d. Numerous foreign registrations for BILTMORE, to
include Registration Nos. TMA673,561 (Canada); 10,726,062,
10,560,366, 10,726,061, 10,726,060, 10,726,059, and
10,726058 (China); 292,755 (Egypt); 121,242 (Kuwait);
529,123 (Russia); 1,435,000,405 (Saudi Arabia); and 2013
76849 (Turkey), as well as Registration No. TMA667,921
(Canada) for BILTMORE ESTATE.
38.
Included in its complement of comprehensive guest services, Biltmore
provides an extensive array of award winning wedding and bridal services. These
services include, among others: nationally recognized wedding venue and
reception locations within the Estate; comprehensive wedding packages for
weddings held on the Estate; world-class catering options for wedding rehearsals,
bridesmaid luncheons, receptions, and morning-after brunches; an extensive
offering of outdoor activities for wedding guests, including Biltmore’s: Land
Rover® Experience Driving School, Orvis® Fly-Fishing School, Sporting Clays
School, French Broad River float trips, spa and beauty packages, horseback riding,
hiking, biking, carriage rides, and Segway tours; an Estate Wedding Team of bridal
professionals to assist couples with the planning and execution of their wedding;
and a comprehensive suite of lodging options for the wedding party and guests
through Biltmore’s exclusive Inn on Biltmore Estate, Village Hotel on Biltmore
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 21 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 22/48
22
Estate, the Cottage on Biltmore Estate, and local area accommodation partners.
39. When a couple elects to have their wedding at Biltmore, Biltmore’s
professional team works with that couple from the moment of first contact through
the wedding day. Biltmore’s team is involved in in-person site visits, reserving
room blocks at Biltmore hotels, planning menus and layouts, arranging rentals for
tents, draping, lighting, china, glass, and silverware, assisting with the wedding
rehearsal, coordinating with the wedding planner, and ensuring Biltmore’s role in
the wedding day runs smoothly.
40. Each year, approximately 180 to 200 weddings are held at Biltmore.
On some weekends, Biltmore hosts as many as nine weddings.
41. Weddings held at Biltmore are elegant, high class affairs.
42. Biltmore has hosted the weddings of several celebrities, including
professional athletes. Images from the 2015 Biltmore wedding of professional
football player Roman Harper and Heather Haukaas are shown below.
43. Biltmore advertises its wedding services in print publications and
online. For example, Biltmore has advertised in print in Weddings Unveiled,
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 22 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 23/48
23
Town & Country Weddings, The Knot (magazine), The Knot North Carolina
(magazine), Carolina Bride, Inside Weddings, Destination I Do, Southern Bride,
and Martha Stewart Weddings. Biltmore also advertises through its website and its
social media pages. Examples of some of Biltmore’s wedding advertisements
include the following:
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 23 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 24/48
24
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 24 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 25/48
25
44. Biltmore maintains wedding specific accounts on Twitter and
Instagram. Screen shots of Biltmore Weddings on Instagram and Twitter are
shown below:
45. As part of its social media wedding advertising, Biltmore Weddings
showcases pictures of the happy couple before, during, and after their Biltmore
weddings. When showcasing pictures of brides getting married at Biltmore,
Biltmore Weddings adopted the hashtag #BiltmoreBride. Below is an example of
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 25 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 26/48
26
a post on Instagram from approximately 86 weeks ago (August 2014), showing
how Biltmore uses the #BiltmoreBride hashtag:
46. Another example of an Instagram post from approximately 80 weeks
ago (September 2014) is shown below:
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 26 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 27/48
27
47. Brides getting married at Biltmore also use the #BiltmoreBride
hashtag when sharing their own pictures of their special day at Biltmore.
48. The use of a hashtag allows for social media postings and
advertisements to be categorized together by keyword. When a person searches for
a particular keyword, such as “biltmorebride,” all postings and advertisements with
the same or similar hashtag are then produced in the search results. For example,
when an individual interested in wedding services provided by Biltmore searches
for “#biltmorebride” on Facebook®, every posting with the “#biltmorebride”
hashtag will appear in the results, including postings from Biltmore, guests of
Biltmore who hold their weddings at the Estate, and wedding industry
professionals who work events held at Biltmore.
49. Biltmore’s wedding services receive substantial acclaim in national
media. In the past five years, Biltmore has been featured by major media outlets as
a premier wedding location more than 250 times. For example, Biltmore weddings
have been featured in:
e. “10 Vineyards Outside CA Where You Can Get married,” Martha Stewart Weddings.
f.
“Boston Bombing Couple Gets Dream Wedding Planned byAmerica,” People Magazine
g. “Destination Wedding Venue: The Biltmore Estate inAsheville,” Brides.com
h. “Real Wedding Album: BreAnne and Tim,” Glamour
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 27 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 28/48
28
i. “The Most Luxurious Wedding Venues in the World,” Town &
Country
j. “Where to Get Married: The Best Weddings in All 50 States,”Frommer’s
k. Fall Wedding Destinations,” The Travel Channel.com
50. Well-known online publications with national audiences have also
lauded Biltmore weddings. These include Southern Weddings, Southern Bride &
Groom, Brides.com, BelleTheMagazine.com, Mountainside Bride, Weddings With
Tara, USA Travel Tips, The Black Tie Bride, Honey Darling Events, Town and
Country.com, Glamour.com, agoldenlocket.com, Fox Sports, June Bug Weddings,
weddingstylemagazine.com, Conde Nast Traveler, Washington Post, NY Daily
News, weddingnewsday.com, Asheville Event Co, wedding-spot.com, ai.com,
Grace Ormande Wedding Style, Ceci In New York, BizBash.com, and The Bridal
Bar.
51. Biltmore has been recognized as “one of the USA’s most beautiful
destination wedding venues” by Brides.com.
52. Biltmore’s impressive wedding services caught the attention of The
Knot. Upon information and belief, the Knot is America’s largest wedding news
and inspiration website in the US, reaching more than 11 million unique monthly
visitors. The Knot also publishes print magazines directed towards wedding
planning. In 2013, The Knot selected Biltmore as a Best of Wedding Venue, 2013
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 28 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 29/48
29
Editors’ Pick.
53. In 2014, The Knot selected Biltmore to be the location for The Knot
Dream Wedding. The Knot Dream Wedding provided a fairy tale wedding for two
survivors of the Boston Marathon bombing. The Knot readers and fans voted for
various aspects of the ceremony, such as dresses and flowers. The Knot Dream
Wedding at Biltmore was covered by the national press, to include People
Magazine and The New York Post. Images from The Knot Dream Wedding 2014
at Biltmore are shown below:
54.
Biltmore received first place honors by BorrowedandBlue.com for
Best All-Around Wedding Venue, Best Venue for Grand Weddings, and Best Fall
Wedding.
55. Biltmore hosted Engage!13, a luxury wedding business summit that
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 29 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 30/48
30
brings together the most innovative minds in the wedding industry from across the
United States.
56. Biltmore’s weddings business brings in millions of dollars in
revenues. For fiscal year 2015, Biltmore’s weddings business generated more than
four million dollars in revenues.
57. When consumers were asked how they would feel about various
goods and services carrying the BILTMORE brand, wedding-related items were
very appealing. Among those who said that the Biltmore brand would catch their
eye in the marketplace, 70% said that the Biltmore brand would raise their
satisfaction, make the product more appealing, and increase their purchase interest
in wedding-related products.
58. The BILTMORE name in conjunction with weddings is widely
associated in North Carolina as representing Biltmore Estates’ wedding services.
Defendant Nu U’s Use of BILTMORE
59. For several years, Nu operated a combined prom store and a Merle
Norman cosmetics franchise in the greater Asheville area using the marks MERLE
NORMAN ASHEVILLE and TOP 10 PROM. Nu offered prom dresses, shoes,
accessories, and Merle Norman branded cosmetic products. A copy of Nu’s
webpage, mnprom.com, from October 11, 2015 is shown below:
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 30 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 31/48
31
60. During Fall 2015, Nu rolled out a new identity, which includes the
mark BILTMORE BRIDE. Nu now does business under BILTMORE BRIDE and
BILTMORE BRIDE PROM & TUX and has taken over the Merle Norman
franchise. As shown by the side by side comparison below with Plaintiff’s
BILTMORE mark, Defendant’s adopted a nearly identical stylized font:
61. In November 2015, Nu began operating a Facebook page under the
name BILTMORE BRIDE. The earliest posts on Nu’s BILTMORE BRIDE
branded Facebook page are shown below.
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 31 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 32/48
32
62. Nu uses the BILTMORE BRIDE Facebook page to advertise retail
bridal services, MERLE NORMAN cosmetics, beauty pageant services, and prom
dresses. Typically, Nu also includes the hashtag #biltmorebride with their
Facebook posts. Examples of posts made by the BILTMORE BRIDE Facebook
page are shown below:
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 32 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 33/48
33
63.
In or around early November 2015, Nu began using the handle
@biltmorebride on Instagram. Nu uses Instagram to advertise wedding services
under the name BILTMORE BRIDE. As with Facebook, Nu typically includes the
hashtag #biltmorebride with its Instagram posts. An example of Nu’s Instagram
posts is shown below:
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 33 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 34/48
34
64. In or around December 2015, Nu began operating a Twitter page
under the handle @BiltmoreBridal. Nu uses this page to advertise its wedding
related services. Nu named its Twitter page BILTMORE BRIDE and uses the
#biltmorebride hashtag with many of its posts. An example of one of Nu’s Twitter
posts is shown below:
65. In late 2015 or early 2016, Nu moved to a retail space in a strip mall
at 800 Fairview Road #1, Asheville, North Carolina. Nu operates its retail store
under the marks BILTMORE BRIDE and BILTMORE BRIDE PROM & TUX.
Nu offers its services out of the retail store. Defendant’s store, from an image on
Nu’s Facebook page, is shown below:
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 34 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 35/48
35
66. In late 2014, Nu, through one of its members, purchased the domains
www.biltmorebride.com and www.biltmorebridal.com. In late 2015, Nu began
using these domains to host its new website. A copy of Nu’s new website is shown
below:
67. Nu uses BILTMORE BRIDE to brand its retail services. For
example, Nu uses BILTMORE BRIDE to brand retail services for jewelry. Nu
sells jewelry in its BILTMORE BRIDE store. Nu’s BILTMORE BRIDE website
also advertises Nu’s jewelry, stating, “Our jewelry collection features heirloom
quality necklaces, earrings and bracelets in designs ranging from modern sleek to
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 35 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 36/48
36
vintage chic. Find jewelry that accents your wedding dress.”
68. Nu uses BILTMORE BRIDE for retail sales of skin care products, to
include lotions and soaps. Nu sells Merle Norman skin care products, to include
lotions and soaps, in its BILTMORE BRIDE store.
69. Nu’s store is not located in a geographic area designated “Biltmore.”
For example, Nu’s store is not located on Biltmore Avenue, Asheville, in Biltmore
Village, Biltmore Forest, Biltmore Park or on Biltmore Lake.
70.
Biltmore has not licensed or otherwise granted Nu rights to make use
of the BILTMORE mark.
71. To the contrary, in fall 2015, Biltmore asked Nu to stop using
BILTMORE in Nu’s marks. Because Biltmore is well known both generally and
in the wedding industry, Biltmore was concerned that Nu’s use of BILTMORE
BRIDE was likely to cause confusion, mistake, or deceive as to the affiliation,
connection, or association of Biltmore and Nu, or that consumers might wrongly
believe that Biltmore endorses, sponsors, or approves of Nu’s use of the
BILTMORE name. Therefore, Biltmore wrote to Nu and asked Nu to stop using
Biltmore’s name. Nu refused to stop using BILTMORE BRIDE and BILTMORE
BRIDE PROM & TUX. Instead, Nu continues to market and use these marks in
conjunction with its wedding and retail sales, goods and services.
72. Upon information and belief, customers seeing Nu’s signage,
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 36 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 37/48
37
advertisements, website, Facebook pages, Instagram posts, and other advertising
using BILTMORE BRIDE incorrectly assume that the Nu’s services are associated
with Biltmore, Biltmore Estate, and/or the Biltmore family of marks. Upon
information and belief, consumers seeing Nu’s use of BILTMORE believe Nu has
been endorsed by or is somehow affiliated with Biltmore.
Count I: Trademark Infringement of the BILTMORE family of marks
15 U.S.C. § 1114 & § 1125(a)
73. Biltmore realleges the preceding paragraphs.
74. Plaintiff’s BILTMORE mark includes and benefits from Plaintiff’s
aforementioned family of marks that include the fanciful term BILTMORE.
75. Plaintiff’s BILTMORE mark is famous, to include in Defendant Nu’s
area of trade.
76. The BILTMORE mark is well known to consumers as indicating
Biltmore.
77. Nu adopted use of the marks BILTMORE BRIDE and BILTMORE
BRIDE PROM & TUX with full knowledge of Plaintiff’s use of the BILTMORE
mark.
78.
Defendant Nu first commenced use in commerce of the marks
BILTMORE BRIDE and BILTMORE BRIDE PROM & TUX in late 2015 or early
2016.
79. Upon information and belief, the husband and wife team of David and
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 37 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 38/48
38
Denise Knapp own Defendant Nu, and Mrs. Denise Knapp is responsible for the
daily operations of Defendant.
80. Upon information and belief, David and Denise Knapp are
sophisticated business people who have been customers of Plaintiff’s BILTMORE
branded goods and services for many years prior to their commencing use of the
BILTMORE BRIDE and BILTMORE BRIDE PROM & TUX marks.
81. Nu currently conducts its business under the marks BILTMORE
BRIDE and/or BILTMORE BRIDE PROM & TUX.
82. Nu offers the same and closely related goods and services to those
offered by Plaintiff.
83. Plaintiff and Defendant offer their services to the same class of
consumers in overlapping geographic areas of trade.
84.
Plaintiff and Defendant both offer online and retail store services for
apparel, cosmetics, and jewelry.
85. Nu offers its BILTMORE BRIDE and/or BILTMORE BRIDE PROM
& TUX goods and services in the same areas where Biltmore offers its goods and
services, namely Asheville and Western North Carolina.
86. Nu offers their BILTMORE BRIDE and/or BILTMORE BRIDE
PROM & TUX goods and services through at least some of the same channels of
trade as those used by Biltmore to offer BILTMORE branded goods and services,
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 38 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 39/48
39
to include retail stores.
87. Nu advertises its BILTMORE BRIDE and/or BILTMORE BRIDE
PROM & TUX goods and services through at least some of the same channels of
trade as those used by Biltmore to advertise its BILTMORE goods and services, to
include Internet webpages and social media.
88. Nu’s use of BILTMORE in its marks, on the store, on the Internet, in
social media, and in advertising is likely to cause confusion, or to cause mistake, or
to deceive consumers into believing that Nu is associated with, affiliated with, or
endorsed by Biltmore.
89. Nu infringes Biltmore’s family of BILTMORE marks.
Count II: False Designation of Origin for Wedding Related Services
15 U.S.C. § 1125(a)
90. Biltmore realleges the preceding paragraphs.
91. Biltmore uses the BILTMORE mark to offer wedding services.
92. Biltmore’s BILTMORE mark is advertised extensively through print
and online media.
93. Biltmore’s BILTMORE branded wedding services are covered by
independent national news organizations.
94. Biltmore generates millions of dollars in revenues associated with its
BILTMORE wedding services.
95. Biltmore’s BILTMORE wedding services are well known in North
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 39 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 40/48
40
Carolina.
96. Bridal customers in North Carolina associate the BILTMORE mark
with plaintiff’s wedding services and venues.
97. Biltmore has common law trademark rights in BILTMORE for
wedding services.
98. Nu offers wedding related services in the form of retail services for
wedding dresses, tuxedos, and accessories.
99.
Nu offers its wedding related retail services under the name
BILTMORE BRIDE and/or BILTMORE BRIDE PROM & TUX.
100. Nu offers its wedding related retail services under BILTMORE
BRIDE and/or BILTMORE BRIDE PROM & TUX to at least some of the same
consumers Biltmore targets for Biltmore’s BILTMORE wedding services, to
include consumers planning weddings in Asheville and Western North Carolina.
101. Nu advertises its wedding related retail services under BILTMORE
BRIDE and/or BILTMORE BRIDE PROM & TUX through at least some of the
same channels as those used by Biltmore to advertise Biltmore’s BILTMORE
wedding services, to include through the Internet and social media.
102. Nu uses the same social media hashtag, #biltmorebride, to offer its
BILTMORE BRIDE and/or BILTMORE BRIDE PROM & TUX wedding related
retail services that Biltmore uses to offer its BILTMORE wedding services.
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 40 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 41/48
41
103. Upon information and belief, Nu generates initial interest confusion
through their use of biltmorebride and biltmorebridal on the Internet and social
media. Consumers looking for Biltmore’s BILTMORE wedding services are
likely to be misdirected to Nu’s websites and social media pages due to Nu’s use of
the BILTMORE name in conjunction with weddings and brides.
104. Nu’s use of BILTMORE BRIDE and/or BILTMORE BRIDE PROM
& TUX is likely to cause confusion or to cause mistake or to deceive as to the
affiliation, connection, or association of Nu with Biltmore, or as to the origin,
sponsorship or approval of Nu’s services by Biltmore.
105. Nu is committing common law trademark infringement of Biltmore’s
BILTMORE mark for wedding services.
106. Nu is engaging in false designation of origin under the Lanham Act.
Count III: False Designation of Origin for Retail Sales and Retail Sales
of Branded Merchandise
15 U.S.C. § 1125(a)
107. Biltmore realleges the preceding paragraphs.
108. Biltmore offers a BILTMORE branded retail experience through its
numerous BILTMORE retail stores located on Biltmore Estate and through its
online store.
109. Biltmore’s retail sales under the BILTMORE brand for the past ten
years through its numerous BILTMORE retail stores and online are in excess of
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 41 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 42/48
42
two hundred fifty million dollars.
110. Biltmore’s BILTMORE retail sales are heavily marketed and widely
known.
111. Biltmore’s BILTMORE retail sales include retail sales of women’s
apparel, accessories, jewelry, cosmetics, lotions, perfumes, and soaps.
112. Biltmore’s BILTMORE retail sales include retail sales of
BILTMORE branded women’s apparel, accessories, jewelry, cosmetics, lotions,
perfumes, and soaps.
113. Biltmore has common law trademark rights in BILTMORE for retail
services of women’s apparel, accessories, jewelry, cosmetics, lotions, perfumes,
and soaps.
114. Nu offers retail services for women’s apparel, accessories, jewelry,
cosmetics, lotions, perfumes, and soaps.
115. Nu offers its retail services under the name BILTMORE BRIDE
and/or BILTMORE BRIDE PROM & TUX.
116. Nu offers its retail services under BILTMORE BRIDE and/or
BILTMORE BRIDE PROM & TUX to at least some of the same consumers
Biltmore targets for Biltmore’s BILTMORE retail services, to include consumers
in Asheville and Western North Carolina.
117. Nu advertises its retail services under BILTMORE BRIDE and/or
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 42 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 43/48
43
BILTMORE BRIDE PROM & TUX through at least some of the same channels as
those used by Biltmore to advertise Biltmore’s BILTMORE retail services, namely
the Internet and social media.
118. Nu’s use of BILTMORE BRIDE and/or BILTMORE BRIDE PROM
& TUX is likely to cause confusion or to cause mistake or to deceive as to the
affiliation, connection, or association of Nu with Biltmore, or as to the origin,
sponsorship or approval of Nu’s retail services by Biltmore.
119.
Nu is committing common law trademark infringement of Biltmore’s
BILTMORE mark for retail services
Count IV: Infringement of registered marks
15 U.S.C. § 1114
120. Biltmore realleges the preceding paragraphs.
121. Biltmore owns incontestable U.S. Trademark Registration 3,855,102
for BILTMORE for jewelry.
122. Biltmore owns U.S. Trademark Registration 4,029,560 for
BILTMORE for soaps, perfumes, cosmetics, and lotions.
123. Biltmore owns U.S. Trademark Registration 3,210,613 for watches.
124.
Nu sells jewelry in its BILTMORE BRIDE store.
125. Nu sells soaps, perfumes, cosmetics, and/or lotions in its
BILTMORE BRIDE store.
126. Upon information and belief, Nu sells watches in its BILTMORE
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 43 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 44/48
44
BRIDE store.
127. Biltmore and Nu offer their respective jewelry, watches, soaps,
perfumes, cosmetics, and lotions through retail stores in the greater Asheville area.
128. Biltmore and Nu advertise their respective goods and services
through the same channels, such as on the Internet.
129. Nu is offering the highly related services under BILTMORE BRIDE
and/or BILTMORE BRIDE PROM & TUX as compared with the goods offered by
Biltmore under Biltmore’s federally registered BILTMORE trademarks.
130. Nu is offering its BILTMORE BRIDE and/or BILTMORE BRIDE
PROM & TUX services through the same or highly similar channels of trade as
those used by Biltmore to sell its goods under its trademarks.
131. Nu advertises its BILTMORE BRIDE and/or BILTMORE BRIDE
PROM & TUX services through the same channels as those Biltmore uses to
advertise its goods under its BILTMORE trademarks.
132. Nu does not have permission from Biltmore to use the BILTMORE
name in conjunction with retail sales of jewelry, watches, soaps, perfumes,
cosmetics, or lotions.
133. Nu’s use of BILTMORE BRIDE and/or BILTMORE BRIDE PROM
& TUX is likely to cause confusion or to cause mistake or to deceive as to the
affiliation, connection, or association of Nu with Biltmore, or as to the origin,
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 44 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 45/48
45
sponsorship or approval of Nu’s retail services by Biltmore
134. Nu is infringing Biltmore’s federally registered trademarks.
Count V: Cybersquatting
15 U.S.C. § 1125(d)
135. Biltmore realleges the preceding paragraphs.
136. Biltmore has registered and owns the BILTMORE mark under the
Lanham Act.
137. Nu has demonstrated a bad faith intent to profit from the distinctive
BILTMORE mark by registering and using the domain names
www.biltmorebridal.com and www.biltmorebride.com, which contain and are
confusingly similar to the BILTMORE mark.
138. Nu offers goods and services in direct competition with Biltmore
through the www.biltmorebridal.com and www.biltmorebride.com websites. For
example, Nu advertises jewelry, soaps, lotions, perfume, and apparel and Nu’s
retail services for the same through these websites.
139. Nu’s use of these URLs amounts to cybersquatting under then
Lanham Act.
PRAYER FOR RELIEF
WHEREFORE Biltmore respectfully prays the Court that:
A. the Court find against Nu and enter judgment against Nu on all
counts;
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 45 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 46/48
46
B. the Court permanently enjoin Nu and all those acting in concert with
Nu from making any use of the marks BILTMORE, BILTMORE BRIDE,
BILTMORE BRIDE PROM & TUX and of any other marks confusingly similar
thereto;
C. the Court order Nu to transfer www.biltmorebride.com and
www.biltmorebridal.com, as well as any other URL that includes the letter string
“biltmore” to Biltmore;
D.
the Court award Biltmore its reasonable attorneys’ fees pursuant to 15
U.S.C. § 1117(a);
E. the costs of this action be taxed against Nu; and
F. the Court grant Biltmore such other and further relief as the Court
may deem just and proper.
DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury be held on all issues so triable.
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 46 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 47/48
47
Respectfully submitted this the 5th day of April, 2016.
Coats & Bennett, PLLC
By: /s/ Anthony J. Biller Anthony J. Biller
NC State Bar No. 24,1171400 Crescent Green, Suite 300Cary, North Carolina 27518Telephone: (919) 854-1844Facsimile: (919) 854-2084Email: abiller@coatsandbennett.com
Roberts & Stevens, P.A.
By: /s/ Wyatt S. Stevens
Wyatt S. Stevens NC Bar No. 21,056John David Noor
NC Bar No. 43,102P.O. Box 7647Asheville, NC 28802Telephone: (828) 258-6992Facsimile: (828) 253-7200Email: wstevens@roberts-stevens.com
jnoor@roberts-stevens.com
OF COUNSEL:
J. Bennett MullinaxJ. Bennett Mullinax, LLCPO Box 26029Greenville, SC 29616-1029
Attorneys for The Biltmore Company
Case 1:15-cv-00288-MR Document 29 Filed 04/05/16 Page 47 of 48
8/18/2019 Biltmore v. Nu U - trademark complaint.pdf
http://slidepdf.com/reader/full/biltmore-v-nu-u-trademark-complaintpdf 48/48
CERTIFICATE OF SERVICE
I hereby certify that on this the 5th day of April, 2016 a copy of theforegoing AMENDED COMPLAINT was filed with the Clerk of Court using theCM/ECF system which will send notification to opposing counsel at the followingaddress:
Joseph Pinckney McGuireRebecca E. CrandallMcGuire, Wood & Bissette, P.A.P. O. Box 3180Asheville, NC 28802-3180
jmcguire@mwbavl.com rcrandall@mwblawyers.com
Russell M. RacineCranfill Sumner & Harzog, LLP2907 Providence RoadSuite 200Charlotte, NC 28211rracine@cshlaw.com
/s/ Anthony J. Biller
Anthony J. Biller
Attorney for The Biltmore Company
Recommended