Complaint Lamborghini v Sangiovese

8/6/2019 Complaint Lamborghini v Sangiovese

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AKERMANSENTERFITT

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LASVEGAS,NEVADA

89101

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.:(702)634-5000FAX:(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 450Las Vegas, Nevada 89101

Telephone: (702) 634-5000

Facsimile: (702) 380-8572

Email: [email protected]: [email protected]

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

AUTOMOBILI LAMBORGHINI, S.p.A., anItalian Company,

Plaintiff,

- against -

SANGIOVESE, LLC, a Nevada LimitedLiability 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

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. NATURE OF THE ACTION

1. 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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Case 2:11-cv-01154-ECR -RJJ Document 1 Filed 07/13/11 Page 1 of 19


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II. JURISDICTION AND VENUE

2. 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. THE PARTIES

4. Lamborghini is a company organized and existing under the laws of Italy, having its

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

herein, including, but not limited to, the phrase Automobili Lamborghini, the phrase

Lamborghini, the Automobili Lamborghini Bull-In-Shield Logo and the Lamborghini Bull-In-

Shield 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

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 Lamborghin

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. 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 Lamborghin

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-05896-

PKC.

A. Lamborghinis Famous AUTOMOBILI LAMBORGHINI BULL-IN-SHIELD Design

Mark

12. Lamborghini is the owner of the world famous AUTOMOBILI LAMBORGHINI

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. Serial No. Reg. Date

3717346 77407553 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

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:


LAMBORGHINI 1622382 74019105 11/13/1990

LAMBORGHINI 3707401 77407165 11/10/2009

18. Copies of the trademark registration for the LAMBORGHINI type mark are attached

hereto as Exhibits D and E.

19. The registration for the LAMBORGHINI type mark is in full force and effect and

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-

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:


3671571 77407493 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 substantia

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

under the Lamborghini Trademarks. For decades, the Lamborghini Trademarks have received

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

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 widely-

recognized 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

promoted and sold through the Defendants' Exotic Car Showroom, Merchandise Gallery and/o

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 inten

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

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

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 unlawfu

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

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

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

Infringing Products and infringing signage.

47. Upon information and belief, Defendants have acted with knowledge o

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))



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

descriptions and representations of fact, all in violation of Section 43(a) of the Lanham Act (15

U.S.C. 1125(a)).



56. Upon information and belief, Defendants intend to continue their willfully infringing

acts unless restrained by this Court.



THIRD CLAIM FOR RELIEF

TRADEMARK DILUTION (15 U.S.C. 1125(c))



59. Lamborghini is the exclusive owner of the Lamborghini Trademarks in the United

States.

60. The Lamborghini Trademarks are famous, strong and distinctive marks that have

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)).







FOURTH CLAIM FOR RELIEF

UNFAIR COMPETITION (15 U.S.C. 1125(a))



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 o

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)).




will continue to willfully infringe the Lamborghini Trademarks, unless restrained by this Court.



FIFTH CLAIM FOR RELIEF

COMMON LAW TRADEMARK INFRINGEMENT

75. The allegations set forth in paragraphs 1 through 42, and 43 through 51, hereof are

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. The aforesaid acts of Defendants constitute trademark infringement in violation of

common 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.







SEVENTH CLAIM FOR RELIEF

TRADEMARK COUNTERFEITING (15 U.S.C. 1114(1)(a), 1116)



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).


substantial profits and gains to which they are not in law of equity entitled.


will continue to willfully infringe Lamborghinis AUTOMOBILI LAMBORGHINI type mark and

LAMBORGHINI type mark.


will continue to willfully infringe Lamborghinis AUTOMOBILI LAMBORGHINI BULL-IN-

SHIELD design mark and LAMBORGHINI BULL-IN-SHIELD design mark.



EIGHTH CLAIM FOR RELIEF

VIOLATION OF N.R.S. 598.0915(3) DECEPTIVE TRADE PRACTICE



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.









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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

distributing, offering for sale or selling any products which bear the Lamborghin

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 wit

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 Lamborghin

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

the judgment against Defendants.

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10. Awarding Lamborghini such additional and further relief as the Court deems just and

proper.

Dated this 13th

day of July, 2011.

AKERMAN SENTERFITT

/s/ Jacob Bundick_________

ARIEL E. STERN, ESQ.Nevada Bar No. 8276Email: [email protected]

JACOB D. BUNDICK, ESQ.Nevada Bar No. 9772Email: [email protected]

400 South Fourth Street, Suite 450Las Vegas, Nevada 89101Telephone: (702) 634-5000Facsimile: (702) 380-8572

Of Counsel:

AKERMAN SENTERFITT

JOHN C. DOTTERRER, ESQ.Florida Bar No. [email protected] J. GIOVINCO, ESQ.Florida Bar No. 567051

[email protected] Lakeview Avenue, Suite 400West Palm Beach, Florida 33401Telephone: (561) 653-5000Facsimile: (561) 659-6313

Attorneys for Plaintiff


Documents

Complaint Lamborghini v Sangiovese