IHOP IP, LLC et al v. International House of Prayer et al

Filing 3

AMENDED COMPLAINT against Friends of the Bridegroom, Inc., International House of Prayer, International House of Prayer East Bay, Shiloh Ministries, Inc., Mike Bickle filed by Elizabeth A. Tassi on behalf of IHOP IP, LLC, International House of Pancakes, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Tassi, Elizabeth)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
IHOP IP, LLC and INTERNATIONAL
HOUSE OF PANCAKES, LLC
Plaintiffs,
vs.
INTERNATIONAL HOUSE OF
PRAYER; FRIENDS OF THE
BRIDEGROOM, INC.; SHILOH
MINISTRIES, INC.;
MIKE BICKLE; and INTERNATIONAL
HOUSE OF PRAYER EAST BAY,
Defendants.

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Case No.: 4:11-cv-00548-JTM

FIRST AMENDED COMPLAINT
Plaintiffs, IHOP IP, LLC and International House of Pancakes, LLC (collectively "IHOP"),
by and through its attorneys of record, allege as follows:
Parties
1.

Plaintiff IHOP IP, LLC is a limited liability company organized and existing

under the laws of the State of Delaware, with its principal place of business at 450 North Brand
Boulevard, Glendale, California 91203.
2.

Plaintiff International House of Pancakes, LLC is a limited liability company

organized and existing under the laws of the State of Delaware, with its principal place of
business at 450 North Brand Boulevard, Glendale, California 91203.
3.

Upon information and belief, defendants International House of Prayer, Friends of

the Bridegroom, Inc. (also d/b/a IHOP, IHOP Missions Base, IHOP-KC, International House of
Prayer University, and IHOPU), and Shiloh Ministries, Inc. are all non-profit corporations

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organized and existing under the laws of the State of Missouri, with their principal place of
business at 3535 East Red Bridge Road, Kansas City, Missouri 64137 (collectively "House of
Prayer Kansas City").
4.

Upon information and belief, defendant International House of Prayer East Bay,

doing business as IHOP East Bay, is a non-profit corporation, with its principal place of business
at 7485 Village Parkway, Dublin, California 94568 ("House of Prayer East Bay").
5.

Upon information and belief, Mike Bickle is an individual having a physical

address of 3535 E. Red Bridge Rd., Kansas City, Missouri 64137 ("Bickle) and is the president
of House of Prayer Kansas City.
Jurisdiction and Venue
6.

This is an action arising under the Lanham Act, 15 U.S.C. §§ 1051 et seq;

accordingly, this Court has subject matter jurisdiction pursuant to 15 U.S.C. § 1121(a), 28 U.S.C.
§§ 1331 and 1338(a) and (b). Supplemental jurisdiction over the state law claims is conferred by
28 U.S.C. § 1367(a).
7.

This Court has personal jurisdiction over House of Prayer Kansas City because it

conducts business, has and continues to commit acts of dilution, trademark infringement, or
unfair competition, and has contributed to or induced acts of dilution, trademark infringement, or
unfair competition by others in this judicial district (and elsewhere in Missouri and in the United
States).
8.

This Court has personal jurisdiction over House of Prayer East Bay because it has

and continues to commit acts of dilution, trademark infringement, or unfair competition, and has
contributed to or induced acts of dilution, trademark infringement, or unfair competition by
others in this judicial district (or elsewhere in Missouri and in the United States).

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9.

This Court has personal jurisdiction over Bickle because he conducts business,

has and continues to commit acts of dilution, trademark infringement, or unfair competition, and
has contributed to or induced acts of dilution, trademark infringement, or unfair competition by
others in this judicial district (or elsewhere in Missouri and in the United States).
10.

Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b) because,

among other reasons, the defendants are each subject to personal jurisdiction in this judicial
district and a substantial part of the events giving rise to the claims occurred here.
Alleged Facts
11.

The first International House of Pancakes restaurant opened in Toluca Lake,

California in 1958. In 1960, the company began to expand through franchising. IHOP began
using "IHOP" as a trademark/service mark at least as early as 1973.
12.

IHOP grew and prospered. In 1992 the 500th IHOP restaurant opened, and one

year later, sales per IHOP restaurant exceeded $1 million. In 1998, IHOP's system-wide sales
reached $1 billion.

IHOP has continuously used the INTERNATIONAL HOUSE OF

PANCAKES, IHOP, and other IHOP-based trademarks, service marks, and trade names in
commerce throughout the United States since their respective dates of first use. IHOP's use of its
marks and trade names has also been substantially exclusive.
13.

Presently there are 1,500 IHOP restaurants in the United States, including at least

one in every state. There are currently 45 IHOP restaurants in Missouri.
14.

Many IHOP restaurants are open 24 hours a day, seven days a week and are

operated by independent small business owners who rely heavily on the reputation and strength of
the various IHOP-based trademarks, service marks, and trade names for their businesses.

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15.

Plaintiff IHOP IP, LLC owns all the rights, including those based in common law

and conferred through registration, in a family of IHOP-related trademarks, service marks, and
trade names (collectively the "IHOP Marks"). Several of the IHOP Marks have been registered
with the United States Trademark Office, including U.S. Reg. No. 3,429,406 IHOP for restaurant
services; U.S. Reg. No. 3,514,724 INTERNATIONAL HOUSE OF PANCAKES for restaurant
services, carry out food services; U.S. Reg. No. 3,743,560 IHOP FOR ME for restaurant
services; U.S. Reg. No. 3,731,730 IHOP CAFE for cafe and restaurant services, carry-out cafe
and restaurant services, coffee house services; U.S. Reg. No.: 3,616,420 IHOP 'N GO for
restaurant services, take out restaurant services; and U.S. Reg. No.: 3,771,927 IHOP EXPRESS
for restaurant and food take-out restaurant services. True and correct copies of the registration
certificates for the IHOP Marks listed above are attached as Exhibit A. The IHOP Marks also
include IHOP U and IHOP U (and design) for restaurant services.
16.

International House of Pancakes, LLC and other related entities owned and/or

controlled by IHOP's ultimate parent organization, DineEquity, Inc., have the right to use the
IHOP Marks under a license arrangement.
17.

Over the years, IHOP has expended substantial resources to extensively advertise

and publicize the IHOP Marks throughout the United States. The IHOP Marks are featured on
distinctive landmark signage and in menus and other materials at all IHOP locations. In addition
to traditional media outlets such as print, television, and radio, IHOP uses websites, such as
www.ihop.com, and social media outlets, such as facebook, to promote and provide its familyoriented services and goods under the IHOP Marks in advertisements, articles, interactive web
pages, videos, and the like.

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18.

Each of the IHOP Marks is distinctive, strong, and widely recognized among the

general consuming public as a designation of goods and services originating with, sponsored by,
approved by, or affiliated with IHOP.
19.

The IHOP and INTERNATIONAL HOUSE OF PANCAKES marks have been

famous since prior to defendants' first use of "International House of Prayer," "IHOP," and
variations thereof.
20.

Upon information and belief, House of Prayer Kansas City selected and adopted

the names "International House of Prayer," "IHOP," "IHOP-KC," "International House of Prayer
University," and "IHOPU" to refer to House of Prayer Kansas City's evangelical missions
organization and the goods and services it provides, all under Bickle's direction.
21.

At the time House of Prayer Kansas City adopted the names "International House

of Prayer," "IHOP," and variations thereof, House of Prayer Kansas City was at least aware of
plaintiffs' INTERNATIONAL HOUSE OF PANCAKES and IHOP marks.
22.

House of Prayer Kansas City provides goods and services at its physical locations

in this judicial district, through the internet and other social media outlets, and at various training
programs, workshops, regional camps, and leadership retreats.
23.

House of Prayer Kansas City has used the name "International House of Prayer,"

"IHOP," and variations thereof on or in, among other things, signage, literature, websites,
domain names, social media outlets, and ancillary products. Attached hereto as Exhibit B are
true and correct copies of photographs of House of Prayer Kansas City's signage.
24.

House of Prayer Kansas City operates International House of Prayer University

(also referred to as IHOPU). House of Prayer Kansas City's IHOPU is an evangelical missions-

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based school in which approximately 600 full time students are enrolled. IHOPU also offers an
e-school and online courses to educate persons worldwide.
25.

House of Prayer Kansas City operates a web store that offers for sale books,

teaching materials, music, DVDs, and other ancillary products (t-shirts, sweatshirts, water
bottles, a board game, etc.) under the marks "International House of Prayer," "IHOP," and
variations thereof to persons worldwide.
26.

House of Prayer Kansas City also operates at least two coffee shops/cafés that

serve food and beverages; one at its main facility in Kansas City and one on its IHOPU campus.
27.

House of Prayer Kansas City routinely uses "IHOP," "IHOP-KC," or "IHOPU" to

refer to its services and on its products.
28.

Several persons have either been confused by House of Prayer's use of "IHOP" or

felt the need to clarify whether the "IHOP" reference was to House of Prayer Kansas City or
plaintiffs.
29.

Upon information and belief, House of Prayer Kansas City began using

"International House of Prayer" and "IHOP" with the intent to trade on the goodwill in and/or
fame, distinctiveness, strength, and value of the IHOP Marks.
30.

House of Prayer Kansas City does not and has never had permission to use the

IHOP Marks or any name confusingly similar to the IHOP Marks.
31.

Upon information and belief, House of Prayer Kansas City is affiliated with,

sponsors, or endorses numerous other evangelical missions organizations around the world,
including defendant House of Prayer East Bay, that use the names "International House of
Prayer," "IHOP," and variations thereof to identify themselves.

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32.

House of Prayer East Bay has a physical location in Dublin, California, was

established in September of 2006, and offers and provides evangelical missions services at its
physical location and over the internet through its website at www.ihopeastbay.org and other
social media under the "International House of Prayer East Bay" and "IHOP East Bay" names. A
sample web page is attached hereto as Exhibit C.
33.

Upon information and belief, House of Prayer East Bay is affiliated with House of

Prayer Kansas City and has what its director refers to as strategic connections with those leading
24/7 prayer rooms in Kansas City.
34.

House of Prayer East Bay's website is interactive in that it invites internet

browsers, including, upon information and belief, those located in this judicial district, to
subscribe to House of Prayer East Bay's mailing list and interact with its social media outlets.
House of Prayer East Bay's website also provides information on how to submit donations and
includes "Teaching and Notes" audio files that are available to download.
35.

House of Prayer East Bay has used the name "International House of Prayer,"

"IHOP," and variations thereof on, among other things, websites and social media, but it does not
and has never had permission to use the IHOP Marks or any name confusingly similar to the
IHOP Marks.
36.

Upon information and belief, at the time House of Prayer East Bay adopted the

names "International House of Prayer," "IHOP," and variations thereof, House of Prayer East
Bay was at least aware of plaintiffs' INTERNATIONAL HOUSE OF PANCAKES and IHOP
marks.

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37.

Upon information and belief, House of Prayer East Bay began using

"International House of Prayer" and "IHOP" with the intent to trade on the goodwill in and/or
fame, distinctiveness, strength, and value of the IHOP Marks.
38.

Bickle has used the name "International House of Prayer," "IHOP," and variations

thereof on or in, among other things, websites and domain names, to promote his evangelical
services.
39.

At the time Bickle adopted the names "International House of Prayer," "IHOP,"

and variations thereof, Bickle was at least aware of plaintiffs' INTERNATIONAL HOUSE OF
PANCAKES and IHOP marks.
40.

Upon information and belief, Bickle began using "International House of Prayer"

and "IHOP" with the intent to trade on the goodwill in and/or fame, distinctiveness, strength, and
value of the IHOP Marks.
41.

Bickle does not and has never had permission to use the IHOP Marks or any name

confusingly similar to the IHOP Marks.
42.

The defendants' use of "International House of Prayer," "IHOP," or variations

thereof has confused or deceived or is likely to confuse or deceive the public and, therefore, is
infringing IHOP's federal and common law rights in the IHOP Marks.
43.

The defendants' use of "International House of Prayer," "IHOP," or variations

thereof has diluted or is likely to dilute the distinctiveness, strength, and value of IHOP's
INTERNATIONAL HOUSE OF PANCAKES and IHOP marks and, therefore, has violated
IHOP's federal and common law rights in those marks.
44.

Defendants' infringing and diluting use of "International House of Prayer,"

"IHOP," and variations thereof has damaged and caused irreparable harm to IHOP and will

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continue to damage and cause irreparable harm to IHOP if it is not restrained by this Court from
further violating IHOP's rights in the IHOP Marks. IHOP has no adequate remedy at law for
these continuing violations.
Count I
45.

Paragraphs 1 through 44 are incorporated by reference as though fully set forth

46.

By engaging in the acts described above, House of Prayer Kansas City has used

herein.

names that are confusingly similar to the IHOP Marks to provide, sell, offer for sale, distribute,
or advertise evangelical missions services in interstate commerce.
47.

House of Prayer Kansas City's use is likely to cause confusion, cause mistake, or

deceive consumers, prospective consumers, and the public as to whether House of Prayer Kansas
City's services are endorsed by, sponsored by, or somehow affiliated with IHOP or whether
House of Prayer Kansas City has permission from IHOP to use the infringing names.
48.

Upon information and belief, the actions of House of Prayer Kansas City were

undertaken with an intentional, willful, or malicious intent to trade upon the goodwill associated
with the IHOP Marks.
49.

The actions of House of Prayer Kansas City constitute trademark infringement

under Section 32 of the Lanham Act, 15 U.S.C. § 1114.
50.

IHOP has suffered and will continue to suffer damage to its business reputation

and goodwill due to the infringing activities of House of Prayer Kansas City.
51.

Upon information and belief, unless enjoined by this Court, House of Prayer

Kansas City will continue to infringe IHOP's rights in the IHOP Marks.

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Count II
52.

Paragraphs 1 through 51 are incorporated by reference as though fully set forth

53.

IHOP's INTERNATIONAL HOUSE OF PANCAKES and IHOP marks were

herein.

famous and distinctive prior to House of Prayer Kansas City's first use of "International House of
Prayer," "IHOP," or variations thereof in conjunction with evangelical missions services.
54.

By engaging in the acts described above, House of Prayer Kansas City has used

names that dilute IHOP's INTERNATIONAL HOUSE OF PANCAKES and IHOP marks to
provide, sell, offer for sale, distribute, or advertise evangelical missions services in interstate
commerce.
55.

House of Prayer Kansas City's use is likely to cause dilution of the

distinctiveness, strength, and value of IHOP's INTERNATIONAL HOUSE OF PANCAKES and
IHOP marks.
56.

Upon information and belief, the actions of House of Prayer Kansas City were

undertaken with an intentional, willful, or malicious intent to trade upon IHOP's goodwill
associated with and the distinctiveness, strength, and value of the IHOP and INTERNATIONAL
HOUSE OF PANCAKES marks.
57.

The actions of House of Prayer Kansas City constitute trademark dilution under

Section 32 of the Lanham Act, 15 U.S.C. § 1125(c).
58.

IHOP has suffered and will continue to suffer damage to its business reputation,

goodwill, and the distinctiveness, strength, and value of the INTERNATIONAL HOUSE OF
PANCAKES and IHOP marks due to the diluting activities of House of Prayer Kansas City.

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59.

Upon information and belief, unless enjoined by this Court, House of Prayer

Kansas City will continue to dilute IHOP's rights in the INTERNATIONAL HOUSE OF
PANCAKES and IHOP marks.
Count III
60.

Paragraphs 1 through 59 are incorporated by reference as though fully set forth

61.

By engaging in the acts described above, House of Prayer Kansas City has used

herein.

names that are confusingly similar to the IHOP Marks to provide, sell, offer for sale, distribute,
or advertise evangelical missions services in interstate commerce.
62.

House of Prayer Kansas City's use is likely to cause confusion or mistake as to the

affiliation, connection, or association of IHOP with House of Prayer Kansas City or confusion as
to the origin, sponsorship, or approval of House of Prayer Kansas City's evangelical missions
services by IHOP.
63.

Upon information and belief, the actions of House of Prayer Kansas City were

undertaken with an intentional, willful, or malicious intent to trade upon the goodwill associated
with the IHOP Marks.
64.

The actions of House of Prayer Kansas City constitute a false designation of

origin, false or misleading description, or a false or misleading representation of fact under
Section 43 of the Lanham Act, 15 U.S.C. § 1125(a)(1).
65.

IHOP has suffered and will continue to suffer damage to its business reputation

and goodwill due to the false and misleading activities of House of Prayer Kansas City.
66.

Upon information and belief, unless enjoined by this Court, House of Prayer

Kansas City will continue to engage in acts of false designation of origin.

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Count IV
67.

Paragraphs 1 through 66 are incorporated by reference as though fully set forth

68.

By engaging in the acts described above, House of Prayer Kansas City has used

herein.

names that are confusingly similar to the IHOP Marks to provide, sell, offer for sale, distribute,
or advertise educational services in interstate commerce.
69.

House of Prayer Kansas City's use is likely to cause confusion, to cause mistake,

or to deceive consumers, prospective consumers, and the public as to whether House of Prayer
Kansas City's services are endorsed by, sponsored by, or somehow affiliated with IHOP or
whether House of Prayer Kansas City has permission from IHOP to use the infringing names.
70.

Upon information and belief, the actions of House of Prayer Kansas City have

been undertaken with an intentional, willful, or malicious intent to trade upon the goodwill
associated with the IHOP Marks.
71.

The actions of House of Prayer Kansas City constitute trademark infringement

under Section 32 of the Lanham Act, 15 U.S.C. § 1114.
72.

IHOP has suffered and will continue to suffer damage to its business reputation

and goodwill due to the infringing activities of House of Prayer Kansas City.
73.

Upon information and belief, unless enjoined by this Court, House of Prayer

Kansas City will continue to infringe IHOP's rights in the IHOP Marks.
Count V
74.

Paragraphs 1 through 73 are incorporated by reference as though fully set forth

herein.

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75.

IHOP's INTERNATIONAL HOUSE OF PANCAKES and IHOP marks were

famous and distinctive prior to House of Prayer Kansas City's first use of "International House of
Prayer," "IHOP," or variations thereof in conjunction with educational services.
76.

By engaging in the acts described above, House of Prayer Kansas City has used

names and marks that dilute IHOP's INTERNATIONAL HOUSE OF PANCAKES and IHOP
marks to provide, sell, offer for sale, distribute, or advertise educational services in interstate
commerce.
77.

House of Prayer Kansas City's use is likely to cause dilution of the

distinctiveness, strength, and value of IHOP's famous INTERNATIONAL HOUSE OF
PANCAKES and IHOP marks.
78.

Upon information and belief, the actions of House of Prayer Kansas City were

undertaken with an intentional, willful, or malicious intent to trade upon IHOP's goodwill
associated with and the distinctiveness, strength, and value of the INTERNATIONAL HOUSE
OF PANCAKES and IHOP marks.
79.

The actions of House of Prayer Kansas City constitute trademark dilution under

Section 32 of the Lanham Act, 15 U.S.C. § 1125(c).
80.

IHOP has suffered and will continue to suffer damage to its business reputation,

goodwill, and the distinctiveness, strength, and value of the INTERNATIONAL HOUSE OF
PANCAKES and IHOP marks due to the diluting activities of House of Prayer Kansas City.
81.

Upon information and belief, unless enjoined by this Court, House of Prayer

Kansas City will continue to dilute IHOP's rights in the INTERNATIONAL HOUSE OF
PANCAKES and IHOP marks.

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Count VI
82.

Paragraphs 1 through 81 are incorporated by reference as though fully set forth

83.

By engaging in the acts described above, House of Prayer Kansas City has used

herein.

names that are confusingly similar to the IHOP Marks to provide, sell, offer for sale, distribute,
or advertise educational services in interstate commerce.
84.

House of Prayer Kansas City's use is likely to cause confusion or mistake as to the

affiliation, connection, or association of IHOP with House of Prayer Kansas City or confusion as
to the origin, sponsorship, or approval of House of Prayer Kansas City's educational services by
IHOP.
85.

The actions of House of Prayer Kansas City demonstrate an intentional, willful, or

malicious intent to trade upon the goodwill associated with the IHOP Marks.
86.

The actions of House of Prayer Kansas City constitute a false designation of

origin, false or misleading description, or a false or misleading representation of fact under
Section 43 of the Lanham Act, 15 U.S.C. § 1125(a)(1).
87.

IHOP has suffered and will continue to suffer damage to its business reputation

and goodwill due to the false and misleading activities of House of Prayer Kansas City.
88.

Upon information and belief, unless enjoined by this Court, House of Prayer

Kansas City will continue to engage in acts of false designation of origin.
Count VII
89.

Paragraphs 1 through 88 are incorporated by reference as though fully set forth

herein.

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90.

By engaging in the acts described above, House of Prayer Kansas City has used

names that are confusingly similar to the IHOP Marks to provide, sell, offer for sale, distribute,
or advertise food and beverage services in interstate commerce.
91.

House of Prayer Kansas City's use is likely to cause confusion, to cause mistake,

or to deceive consumers, prospective consumers, and the public as to whether House of Prayer
Kansas City's services are endorsed by, sponsored by, or somehow affiliated with IHOP or
whether House of Prayer Kansas City has permission from IHOP to use the infringing names.
92.

Upon information and belief, the actions of House of Prayer Kansas City were

undertaken with an intentional, willful, or malicious intent to trade upon the goodwill associated
with the IHOP Marks.
93.

The actions of House of Prayer Kansas City constitute trademark infringement

under Section 32 of the Lanham Act, 15 U.S.C. § 1114.
94.

IHOP has suffered and will continue to suffer damage to its business reputation

and goodwill due to the infringing activities of House of Prayer Kansas City.
95.

Upon information and belief, unless enjoined by this Court, House of Prayer

Kansas City will continue to infringe IHOP's rights in the IHOP Marks.
Count VIII
96.

Paragraphs 1 through 95 are incorporated by reference as though fully set forth

97.

IHOP's INTERNATIONAL HOUSE OF PANCAKES and IHOP marks were

herein.

famous and distinctive prior to House of Prayer Kansas City's first use of "International House of
Prayer," "IHOP," or variations thereof in conjunction with food and beverage services.

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98.

By engaging in the acts described above, House of Prayer Kansas City has used

names that dilute IHOP's INTERNATIONAL HOUSE OF PANCAKES and IHOP marks to
provide, sell, offer for sale, distribute, or advertise food and beverage services in interstate
commerce.
99.

House of Prayer Kansas City's use is likely to cause dilution of the

distinctiveness, strength, and value of IHOP's famous INTERNATIONAL HOUSE OF
PANCAKES or IHOP marks.
100.

Upon information and belief, the actions of House of Prayer Kansas City were

undertaken with an intentional, willful, or malicious intent to trade upon IHOP's goodwill
associated with and the distinctiveness, strength, and value of the INTERNATIONAL HOUSE
OF PANCAKES and IHOP marks.
101.

The actions of House of Prayer Kansas City constitute trademark dilution under

Section 32 of the Lanham Act, 15 U.S.C. § 1125(c).
102.

IHOP has suffered and will continue to suffer damage to its business reputation,

goodwill, and the distinctiveness, strength, and value of the INTERNATIONAL HOUSE OF
PANCAKES and IHOP marks due to the diluting activities of House of Prayer Kansas City.
103.

Upon information and belief, unless enjoined by this Court, House of Prayer

Kansas City will continue to dilute IHOP's rights in the INTERNATIONAL HOUSE OF
PANCAKES and IHOP marks.
Count IX
104.

Paragraphs 1 through 103 are incorporated by reference as though fully set forth

herein.

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105.

By engaging in the acts described above, House of Prayer Kansas City have used

names and marks that are confusingly similar to the IHOP Marks to provide, sell, offer for sale,
distribute, or advertise food and beverage services in interstate commerce.
106.

House of Prayer Kansas City's use is likely to cause confusion or mistake as to the

affiliation, connection, or association of IHOP with House of Prayer Kansas City or confusion as
to the origin, sponsorship, or approval of House of Prayer Kansas City's food and beverage
services by IHOP.
107.

Upon information and belief, the actions of House of Prayer Kansas City were

undertaken with an intentional, willful, or malicious intent to trade upon the goodwill associated
with the IHOP Marks.
108.

The actions of House of Prayer Kansas City constitute a false designation of

origin, false or misleading description, or a false or misleading representation of fact under
Section 43 of the Lanham Act, 15 U.S.C. § 1125(a)(1).
109.

IHOP has suffered and will continue to suffer damage to its business reputation

and goodwill due to the false and misleading activities of House of Prayer Kansas City.
110.

Upon information and belief, unless enjoined by this Court, House of Prayer

Kansas City will continue to engage in acts of false designation of origin.
Count X
111.

Paragraphs 1 through 110 are incorporated by reference as though fully set forth

112.

By engaging in the acts described above, House of Prayer Kansas City has used

herein.

names that are confusingly similar to the IHOP Marks to sell, offer for sale, distribute, or
advertise books, beverage containers, DVDs, and other ancillary goods in interstate commerce.

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113.

House of Prayer Kansas City's use is likely to cause confusion, to cause mistake,

or to deceive consumers, prospective consumers, and the public as to whether House of Prayer
Kansas City's services are endorsed by, sponsored by, or somehow affiliated with IHOP or
whether House of Prayer Kansas City has permission from IHOP to use the infringing names.
114.

Upon information and belief, the actions of House of Prayer Kansas City were

undertaken with an intentional, willful, or malicious intent to trade upon the goodwill associated
with the IHOP Marks.
115.

The actions of House of Prayer Kansas City constitute trademark infringement

under Section 32 of the Lanham Act, 15 U.S.C. § 1114.
116.

IHOP has suffered and will continue to suffer damage to its business reputation

and goodwill due to the infringing activities of House of Prayer Kansas City.
117.

Upon information and belief, unless enjoined by this Court, House of Prayer

Kansas City will continue to infringe IHOP's rights in the IHOP Marks.
Count XI
118.

Paragraphs 1 through 117 are incorporated by reference as though fully set forth

119.

IHOP's INTERNATIONAL HOUSE OF PANCAKES and IHOP marks were

herein.

famous and distinctive prior to House of Prayer Kansas City's first use of "International House of
Prayer," "IHOP," or variations thereof in conjunction with books, beverage containers, DVDs,
and other ancillary goods.
120.

By engaging in the acts described above, House of Prayer Kansas City has used

names that dilute IHOP's INTERNATIONAL HOUSE OF PANCAKES and IHOP marks to sell,

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offer for sale, distribute, or advertise books, beverage containers, DVDs, and other ancillary
goods in interstate commerce.
121.

House of Prayer Kansas City's use is likely to cause dilution of the

distinctiveness, strength, and value of IHOP's famous INTERNATIONAL HOUSE OF
PANCAKES or IHOP mark.
122.

Upon information and belief, the actions of House of Prayer Kansas City have

been undertaken with an intentional, willful, or malicious intent to trade upon IHOP's goodwill
associated with and the distinctiveness, strength, and value of the INTERNATIONAL HOUSE
OF PANCAKES and IHOP marks.
123.

The actions of House of Prayer Kansas City constitute trademark dilution under

Section 32 of the Lanham Act, 15 U.S.C. § 1125(c).
124.

IHOP has suffered and will continue to suffer damage to its business reputation,

goodwill, and the distinctiveness, strength, and value of the INTERNATIONAL HOUSE OF
PANCAKES and IHOP marks due to the diluting activities of House of Prayer Kansas City.
125.

Upon information and belief, unless enjoined by this Court, House of Prayer

Kansas City will continue to dilute IHOP's rights in the INTERNATIONAL HOUSE OF
PANCAKES and IHOP marks.
Count XII
126.

Paragraphs 1 through 125 are incorporated by reference as though fully set forth

127.

By engaging in the acts described above, House of Prayer Kansas City has used

herein.

names that are confusingly similar to the IHOP Marks to sell, offer for sale, distribute, or
advertise books, beverage containers, DVDs, and other ancillary goods in interstate commerce.

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128.

House of Prayer Kansas City's use is likely to cause confusion or mistake as to the

affiliation, connection, or association of IHOP with House of Prayer Kansas City or confusion as
to the origin, sponsorship, or approval of House of Prayer Kansas City's books, beverage
containers, DVDs, and other ancillary goods by IHOP.
129.

Upon information and belief, the actions of House of Prayer Kansas City were

undertaken with an intentional, willful, or malicious intent to trade upon the goodwill associated
with the IHOP Marks.
130.

The actions of House of Prayer Kansas City constitute a false designation of

origin, false or misleading description, or a false or misleading representation of fact under
Section 43 of the Lanham Act, 15 U.S.C. § 1125(a)(1).
131.

IHOP has suffered and will continue to suffer damage to its business reputation

and goodwill due to the false and misleading activities of House of Prayer Kansas City.
132.

Upon information and belief, unless enjoined by this Court, House of Prayer

Kansas City will continue to engage in acts of false designation of origin.
Count XIII
133.

Paragraphs 1 through 132 are incorporated by reference as though fully set forth

134.

By engaging in the acts described above, House of Prayer East Bay has used

herein.

names and marks that are confusingly similar to the IHOP Marks to provide, sell, offer for sale,
distribute, or advertise evangelical missions services in interstate commerce.
135.

House of Prayer East Bay's use is likely to cause confusion, cause mistake, or

deceive consumers, prospective consumers, and the public as to whether House of Prayer East

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Bay's services are endorsed by, sponsored by, or somehow affiliated with IHOP or whether
House of Prayer East Bay has permission from IHOP to use the infringing names.
136.

Upon information and belief, the actions of House of Prayer East Bay were

undertaken with an intentional, willful, or malicious intent to trade upon the goodwill associated
with the IHOP Marks.
137.

The actions of House of Prayer East Bay constitute trademark infringement under

Section 32 of the Lanham Act, 15 U.S.C. § 1114.
138.

IHOP has suffered and will continue to suffer damage to its business reputation

and goodwill due to the infringing activities of House of Prayer East Bay.
139.

Upon information and belief, unless enjoined by this Court, House of Prayer East

Bay will continue to infringe IHOP's rights in the IHOP Marks.
Count XIV
140.

Paragraphs 1 through 139 are incorporated by reference as though fully set forth

141.

IHOP's INTERNATIONAL HOUSE OF PANCAKES and IHOP marks were

herein.

famous and distinctive prior to House of Prayer East Bay's first use of "International House of
Prayer," "IHOP," or variations thereof in conjunction with evangelical missions services.
142.

By engaging in the acts described above, House of Prayer East Bay has used

names that dilute IHOP's INTERNATIONAL HOUSE OF PANCAKES and IHOP marks to
provide, sell, offer for sale, distribute, or advertise evangelical missions services in interstate
commerce.
143.

Upon information and belief, the actions of House of Prayer East Bay were

undertaken with an intentional, willful, or malicious intent to trade upon IHOP's goodwill

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associated with and the distinctiveness, strength, and value of the IHOP and INTERNATIONAL
HOUSE OF PANCAKES marks.
144.

House of Prayer East Bay's use is likely to cause dilution of the distinctiveness,

strength, and value of IHOP's famous INTERNATIONAL HOUSE OF PANCAKES and IHOP
marks.
145.

The actions of House of Prayer East Bay constitute trademark dilution under

Section 32 of the Lanham Act, 15 U.S.C. § 1125(c).
146.

IHOP has suffered and will continue to suffer damage to its business reputation,

goodwill, and the distinctiveness, strength, and value of the INTERNATIONAL HOUSE OF
PANCAKES and IHOP marks due to the diluting activities of House of Prayer East Bay.
147.

Upon information and belief, unless enjoined by this Court, House of Prayer East

Bay will continue to dilute IHOP's rights in the INTERNATIONAL HOUSE OF PANCAKES
and IHOP marks.
Count XV
148.

Paragraphs 1 through 147 are incorporated by reference as though fully set forth

149.

By engaging in the acts described above, House of Prayer East Bay has used

herein.

names and marks that are confusingly similar to the IHOP Marks to provide, sell, offer for sale,
distribute, or advertise evangelical missions services in interstate commerce.
150.

House of Prayer East Bay's use is likely to cause confusion or mistake as to the

affiliation, connection, or association of IHOP with House of Prayer East Bay or confusion as to
the origin, sponsorship, or approval of House of Prayer East Bay's evangelical missions services
by IHOP.

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151.

Upon information and belief, the actions of House of Prayer East Bay were

undertaken with an intentional, willful, or malicious intent to trade upon the goodwill associated
with the IHOP Marks.
152.

The actions of House of Prayer East Bay constitute a false designation of origin,

false or misleading description, or a false or misleading representation of fact under Section 43
of the Lanham Act, 15 U.S.C. § 1125(a)(1).
153.

IHOP has suffered and will continue to suffer damage to its business reputation

and goodwill due to the false and misleading activities of House of Prayer East Bay.
Count XVI
154.

Paragraphs 1 through 153 are incorporated by reference as though fully set forth

155.

By engaging in the acts described above, Bickle has used names and marks that

herein.

are confusingly similar to the IHOP Marks to provide, sell, offer for sale, distribute, or advertise
evangelical services in interstate commerce.
156.

Bickle's use is likely to cause confusion, cause mistake, or deceive consumers,

prospective consumers, and the public as to whether Bickle's services are endorsed by, sponsored
by, or somehow affiliated with IHOP or whether Bickle has permission from IHOP to use the
infringing names.
157.

Upon information and belief, the actions of Bickle were undertaken with an

intentional, willful, or malicious intent to trade upon the goodwill associated with the IHOP
Marks.
158.

The actions of Bickle constitute trademark infringement under Section 32 of the

Lanham Act, 15 U.S.C. § 1114.

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159.

IHOP has suffered and will continue to suffer damage to its business reputation

and goodwill due to the infringing activities of Bickle.
160.

Upon information and belief, unless enjoined by this Court, Bickle will continue

to infringe IHOP's rights in the IHOP Marks.
Count XVII
161.

Paragraphs 1 through 160 are incorporated by reference as though fully set forth

162.

IHOP's INTERNATIONAL HOUSE OF PANCAKES and IHOP marks were

herein.

famous and distinctive prior to Bickle's first use of "International House of Prayer," "IHOP," or
variations thereof in conjunction with evangelical services.
163.

By engaging in the acts described above, Bickle has used names that dilute

IHOP's INTERNATIONAL HOUSE OF PANCAKES and IHOP marks to provide, sell, offer for
sale, distribute, or advertise evangelical services in interstate commerce.
164.

Upon information and belief, the actions of Bickle were undertaken with an

intentional, willful, or malicious intent to trade upon IHOP's goodwill associated with and the
distinctiveness, strength, and value of the IHOP and INTERNATIONAL HOUSE OF
PANCAKES marks.
165.

Bickle's use is likely to cause dilution of the distinctiveness, strength, and value of

IHOP's famous INTERNATIONAL HOUSE OF PANCAKES and IHOP marks.
166.

The actions of Bickle constitute trademark dilution under Section 32 of the

Lanham Act, 15 U.S.C. § 1125(c).

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167.

IHOP has suffered and will continue to suffer damage to its business reputation,

goodwill, and the distinctiveness, strength, and value of the INTERNATIONAL HOUSE OF
PANCAKES and IHOP marks due to the diluting activities of Bickle.
168.

Upon information and belief, unless enjoined by this Court, Bickle will continue

to dilute IHOP's rights in the INTERNATIONAL HOUSE OF PANCAKES and IHOP marks.
Count XVIII
169.

Paragraphs 1 through 168 are incorporated by reference as though fully set forth

170.

By engaging in the acts described above, Bickle has used names and marks that

herein.

are confusingly similar to the IHOP Marks to provide, sell, offer for sale, distribute, or advertise
evangelical services in interstate commerce.
171.

Bickle's use is likely to cause confusion or mistake as to the affiliation,

connection, or association of IHOP with Bickle or confusion as to the origin, sponsorship, or
approval of Bickle's evangelical services by IHOP.
172.

Upon information and belief, the actions of Bickle were undertaken with an

intentional, willful, or malicious intent to trade upon the goodwill associated with the IHOP
Marks.
173.

The actions of Bickle constitute a false designation of origin, false or misleading

description, or a false or misleading representation of fact under Section 43 of the Lanham Act,
15 U.S.C. § 1125(a)(1).
174.

IHOP has suffered and will continue to suffer damage to its business reputation

and goodwill due to the false and misleading activities of Bickle.

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Count XIX
175.

Paragraphs 1 through 174 are incorporated herein by reference as though fully set

forth herein.
176.

The use by the defendants of marks confusingly similar to the IHOP Marks in

connection with evangelical missions services, educational services, food and beverage services,
or books, beverage containers, DVDs, or other ancillary items constitutes common law
infringement of IHOP's rights in the IHOP Marks and has damaged IHOP.
177.

Upon information and belief, unless enjoined by this Court, the defendants will

continue to engage in this infringing activity.
Count XX
178.

Paragraphs 1 through 177 are incorporated by reference as though fully set forth

179.

The use by the defendants of "International House of Prayer," "IHOP," and

herein.

variations thereof is likely to dilute or has diluted the distinctiveness, strength, and value of
IHOP's INTERNATIONAL HOUSE OF PANCAKES and IHOP marks in violation of Mo. Rev.
Stat. § 417.061(1).
180.

Upon information and belief, unless enjoined by this Court, the defendants will

continue to engage in activity that dilutes the distinctiveness, strength, and value of IHOP's
INTERNATIONAL HOUSE OF PANCAKES and IHOP marks.
Count XXI
181.

Paragraphs 1 through 180 are incorporated by reference as though fully set forth

herein.

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182.

The acts of the defendants described herein constitute common law unfair

competition with IHOP, which has and will continue to damage IHOP.
183.

Upon information and belief, unless enjoined by this Court, the defendants will

continue to engage in acts of unlawful competition.
Relief Sought
WHEREFORE, IHOP prays for judgment and relief as follows:
a.

judgment that IHOP IP, LLC owns enforceable rights in the IHOP Marks and the

registrations for the IHOP Marks are valid;
b.

judgment that IHOP's INTERNATIONAL HOUSE OF PANCAKES and IHOP

marks are famous and distinctive and have been since at least prior to defendants' first use of
"International House of Prayer," "IHOP," and variations thereof;
c.

judgment that each of the defendants have been and are directly or indirectly infringing

the IHOP Marks;
d.

judgment that each of the defendants have been and are directly or indirectly diluting

the distinctiveness, strength, and value of the INTERNATIONAL HOUSE OF PANCAKES and
IHOP marks;
e.

judgment that defendants acted deliberately, willfully, intentionally, or with malicious

f.

judgment that each of the defendants, its directors, officers, agents, servants,

intent;

employees, successors, attorneys, and assigns, and all those acting in active concert or in participation
with them, be enjoined from further acts that dilute or infringe the IHOP Marks directly or indirectly;
g.

judgment that all domain names owned by the defendants that incorporate "ihop,"

including but not limited to ihop.org, be transferred to IHOP;

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h.

judgment that each of the defendants shall file with the court and serve on IHOP a

written report stating what actions they have taken to comply with the Court's injunction within thirty
(30) days after entry of the injunction;
i.

judgment that this case is exceptional, and that the defendants be ordered to pay all of

IHOP's attorney fees associated with this action pursuant to 15 U.S.C. § 1117;
j.

judgment that the defendants individually and collectively be ordered to pay all costs

and expenses incurred by IHOP in this action; and
k.

judgment that IHOP be granted such other and additional relief as this Court may

deem just and proper.
Respectfully submitted,

/s/Mark D. Hinderks
Mark D. Hinderks (MO Bar No. 58124)
Mark M. Iba (MO Bar No. 45452)
Elizabeth A. Tassi (MO Bar No. 59621)
STINSON MORRISON HECKER LLP
1201 Walnut Street, Suite 2900
Kansas City, Missouri 64106
[phone] (telephone)
[phone] (facsimile)
Attorneys for Plaintiffs
INTERNATIONAL HOUSE OF PANCAKES and
IHOP IP, LLC

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