Automobili Lamborghini, S.p.A. v. Sangiovese, LLC et al

Filing 1

COMPLAINT against Dal Toro Exotic Cars Las Vegas, LLC, Sangiovese Banquet, LLC, Sangiovese, LLC (Filing fee $ 350 receipt number 0978-2051149), filed by Automobili Lamborghini, S.p.A.. Certificate of Interested Parties due by 7/23/2011. Proof of service due by 11/10/2011. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons) (Bundick, Jacob)

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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
JACOB D. BUNDICK, ESQ.
Nevada Bar No. 9772
AKERMAN SENTERFITT
400 South Fourth Street, Suite 450
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Plaintiff

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400 SOUTH FOURTH STREET, SUITE 450
LAS VEGAS, NEVADA 89101
TEL.: [phone] – FAX: [phone]

UNITED STATES DISTRICT COURT

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AKERMAN SENTERFITT

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DISTRICT OF NEVADA

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AUTOMOBILI LAMBORGHINI, S.p.A., an
Italian Company,
Plaintiff,

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Case No.:

2:11-cv-01154

COMPLAINT FOR DAMAGES AND
INJUNCTIVE RELIEF

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- against -

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SANGIOVESE, LLC, a Nevada Limited
Liability Company, SANGIOVESE BANQUET,
LLC, a Nevada Limited Liability Company, and
DAL TORO EXOTIC CARS LAS VEGAS,
LLC, a Nevada Limited Liability Company,

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Defendants.

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Plaintiff, AUTOMOBILI LAMBORGHINI, S.p.A., ("Lamborghini"), complains and alleges

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against Defendants, SANGIOVESE, LLC, SANGIOVESE BANQUET, LLC, and DAL TORO

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EXOTIC CARS LAS VEGAS, LLC, (collectively "Defendants"), as follows:
I.

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1.

NATURE OF THE ACTION

Lamborghini seeks damages and injunctive relief pursuant to Sections 32, 34, 43(a)

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and 43(c) of the Lanham Act (15 U.S.C. §§ 1114, 1116, 1125(a) and (c)), Section 598.0915(3) of the

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Nevada Revised Statutes, and common law.

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II.
2.

JURISDICTION AND VENUE

This Court has jurisdiction over the subject matter of this action pursuant to Section

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39 of the Lanham Act (15 U.S.C. § 1121), and 28 U.S.C. §§ 1331, 1332(a) and 1338, and has

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supplemental jurisdiction pursuant to 28 U.S.C. § 1367(a).

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3.

Venue is properly founded in this judicial district pursuant to 28 U.S.C. § 1391(b) and

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(c) because Defendants are subject to personal jurisdiction within this judicial district and operate

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businesses within this district because a substantial part of the events giving rise to these claims

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occurred within this district.

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400 SOUTH FOURTH STREET, SUITE 450
LAS VEGAS, NEVADA 89101
TEL.: [phone] – FAX: [phone]

AKERMAN SENTERFITT

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III.
4.

THE PARTIES

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

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principal place of business at Via Modena 12, 40019, Sant' Agata, Bolognese, Italy. Lamborghini is

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or has been the manufacturer of the world famous Automobili Lamborghini sportscars including, but

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not limited to, Lamborghini Murcielago, Lamborghini Gallardo, Lamborghini Reventon,

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Lamborghini Diablo and Lamborghini Countach.

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5.

Lamborghini is the holder of the world famous Lamborghini Trademarks, defined

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

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

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Shield Logo.

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6.

Defendant Sangiovese, LLC ("Sangiovese"), upon information and belief, is a limited

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liability company organized and existing under the laws of the State of Nevada, having a principal

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place of business at 4525 Dean Martin Drive, #1606, Las Vegas, NV 89103 and operating businesses

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within this jurisdiction at The Palazzo Resort Hotel and Casino, 3325 Las Vegas Blvd. S., Las

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Vegas, NV 89109, including the Dal Toro Exotic Car Showroom, Dal Toro Merchandise Gallery,

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and Dal Toro Il Ristorante Italiano, and of which Lorenzo Barracco ("Barracco") is Manager. Upon

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information and belief, Sangiovese also conducts business within this jurisdiction through the

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operation of the fully interactive website domain: www.daltoro.com.

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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

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operating businesses within this jurisdiction at The Palazzo Resort Hotel and Casino, 3325 Las

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Vegas Blvd. S., Las Vegas, NV 89109, including the Dal Toro Exotic Car Showroom, Dal Toro

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Merchandise Gallery and Dal Toro Il Ristorante Italiano, and of which Barracco is Manager. Upon

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information and belief, Sangiovese Banquet also conducts business within this jurisdiction through

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the operation of the fully interactive website domain: www.daltoro.com.

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8.

Defendant Dal Toro Exotic Cars Las Vegas, LLC ("Dal Toro Exotic Cars"), upon

State of Nevada, having a principal place of business at 4525 Dean Martin Drive, #1606, Las Vegas,

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400 SOUTH FOURTH STREET, SUITE 450
LAS VEGAS, NEVADA 89101
TEL.: [phone] – FAX: [phone]

information and belief, is a limited liability company organized and existing under the laws of the

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AKERMAN SENTERFITT

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NV 89103 and operating business within this jurisdiction at The Palazzo Resort Hotel and Casino,

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3325 Las Vegas Blvd. S., Las Vegas, NV 89109, including the Dal Toro Exotic Car Showroom, and

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of which Barracco is Manager. Upon information and belief, Dal Toro Exotic Cars also conducts

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business within this jurisdiction through the operation of the fully interactive website domain:

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www.daltoro.com.

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9.

Defendants, upon information and belief, in their everyday operation, including

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through the Exotic Car Showroom, Merchandise Gallery, Restaurant and/or www.daltoro.com

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website, are directly engaging in the unauthorized use of the world famous Lamborghini

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Trademarks; parasitically living, trading and profiting off of the Lamborghini Trademarks; causing

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consumer confusion amongst the public through infringing activities and deceptive trade practices;

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and/or selling infringing and/or counterfeit products within this District as alleged herein.

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IV.

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THE WORLD FAMOUS LAMBORGHINI BRAND, TRADEMARKS
AND TRADE DRESS

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Lamborghini is the owner of the world famous Lamborghini Trademarks referenced

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in Paragraph 5 that have become synonymous with luxurious and exotic automobiles. Moreover, the

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owners of the Lamborghini brand have long been recognized as worldwide leaders in the design,

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advertising, marketing and distribution of premium, high-quality products. Consumers and the trade

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instantly identify Lamborghini as the source of all products bearing the Automobili Lamborghini or

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Lamborghini names and affiliated trademarks.
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The Lamborghini Trademarks are strong and

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distinctive, have acquired great fame, enjoy worldwide recognition, are of great value and are thus

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entitled to a high degree of protection.

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United States Federal Courts have adjudicated and upheld Lamborghini’s Trademarks

the United States District Court for the Middle District of Florida by United States Magistrate Judge

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Sheri Polster Chappell [DE 37], adopted by Opinion and Order dated July 10, 2008 by United States

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District Judge John E. Steele [DE 47], in Automobili Lamborghini SpA and Automobili Lamborghini

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Holding, SpA v. The Lamboshop, Inc. and Michael Heick, 2008 WL 2743643 (M.D.Fla.)., Case No:

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2:07-cv-266-FtM-29SPC; See also Final Judgment dated August 28, 2009 entered in the United

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400 SOUTH FOURTH STREET, SUITE 450
LAS VEGAS, NEVADA 89101
TEL.: [phone] – FAX: [phone]

as famous, protected and distinctive. See Report and Recommendation dated June 5, 2008 issued in

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AKERMAN SENTERFITT

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States District Court for the Southern District of New York by United States District Judge P. Kevin

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Castel [DE 9-8], in Automobili Lamborghini SpA, Automobili Lamborghini Holding, SpA, and

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Lamborghini ArtiMarca SpA v. Alliance Capital, LLC a/k/a "Lamborghini Luxury", "Global Index,

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Inc.", and "Lamborghini Merchandise USA, Inc." and Ronald Goldberg, Case No: 1:09-cv-05896-

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PKC.

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A.

Lamborghini’s Famous AUTOMOBILI LAMBORGHINI BULL-IN-SHIELD Design

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Mark

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12.

Lamborghini is the owner of the world famous AUTOMOBILI LAMBORGHINI

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BULL-IN-SHIELD design mark – consisting of the words “Automobili Lamborghini” and a

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distinctive bull within a shield. The AUTOMOBILI LAMBORGHINI BULL-IN-SHIELD design

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mark is the subject of the following registrations, among others, with the United States Patent and

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Trademark Office:

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Mark

Serial No.

Reg. Date

3717346

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Reg. No.

77407553

12/1/2009

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3312082

78870133

10/16/2007

2254847

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75334329

6/22/1999

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400 SOUTH FOURTH STREET, SUITE 450
LAS VEGAS, NEVADA 89101
TEL.: [phone] – FAX: [phone]

AKERMAN SENTERFITT

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13.

IN-SHIELD design mark are attached hereto as Exhibits A, B, and C.

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Copies of the trademark registration for the AUTOMOBILI LAMBORGHINI BULL-

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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.

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15.

Lamborghini has used the AUTOMOBILI LAMBORGHINI BULL-IN-SHIELD

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design mark for many years on and in connection with the sale of high quality products, including on

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automobiles, vehicle parts, merchandise and apparel, and has carefully monitored and policed the

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use of the AUTOMOBILI LAMBORGHINI BULL-IN-SHIELD design mark.

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Lamborghini has expended substantial time, money and other resources in developing, advertising

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and otherwise promoting its AUTOMOBILI LAMBORGHINI BULL-IN-SHIELD design mark. As

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a result of these efforts, consumers readily identify such items bearing the AUTOMOBILI

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LAMBORGHINI BULL-IN-SHIELD design mark as being high quality products sponsored and

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approved by Lamborghini.

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16.

Lamborghini’s AUTOMOBILI LAMBORGHINI BULL-IN-SHIELD design mark

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qualifies as a famous mark, as that term is used in 15 U.S.C. § 1125(c)(1).

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Further,

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B.

Lamborghini’s Famous LAMBORGHINI Type Mark

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Lamborghini is also the owner of the world famous LAMBORGHINI type mark. The

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LAMBORGHINI type mark is the subject of the following registrations, among others, with the

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United States Patent and Trademark Office:

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Mark
Reg. No.
LAMBORGHINI
1622382
LAMBORGHINI
3707401
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Copies of the trademark registration for the

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hereto as Exhibits D and E.

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19.

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

400 SOUTH FOURTH STREET, SUITE 450
LAS VEGAS, NEVADA 89101
TEL.: [phone] – FAX: [phone]

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AKERMAN SENTERFITT

Serial No.
Reg. Date
74019105
11/13/1990
77407165
11/10/2009
LAMBORGHINI type mark are attached

have become incontestable pursuant to 15 U.S.C. § 1065.

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C.

Lamborghini’s Famous LAMBORGHINI BULL-IN-SHIELD Design Mark
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Lamborghini is also the owner of the world famous LAMBORGHINI BULL-IN-

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SHIELD design mark – consisting of the word “Lamborghini” and a distinctive bull within a shield.

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The LAMBORGHINI BULL-IN-SHIELD design mark is the subject of the following registrations,

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among others, with the United States Patent and Trademark Office:

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Mark

Reg. No.

Reg. Date

3671571

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Serial No.
77407493

8/25/2009

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

design mark is attached hereto as Exhibit F.
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Lamborghini has used the LAMBORGHINI BULL-IN-SHIELD design mark for

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many years on and in connection with the sale of high quality products, including on automobiles,

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vehicle parts, merchandise and apparel, and has carefully monitored and policed the use of the

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LAMBORGHINI BULL-IN-SHIELD design mark. Further, Lamborghini has expended substantial

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time, money and other resources in developing, advertising and otherwise promoting its

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LAMBORGHINI BULL-IN-SHIELD design mark. As a result of these efforts, consumers readily

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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.

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Lamborghini’s LAMBORGHINI BULL-IN-SHIELD design mark qualifies as a

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famous mark, as that term is used in 15 U.S.C. § 1125(c)(1).

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D.

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Lamborghini’s Extensive Efforts to Advertise and Promote the Lamborghini Trademarks
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Lamborghini has extensively advertised and promoted the products manufactured

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under the Lamborghini Trademarks.

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widespread exposure in the marketplace. Over the years, millions of consumers have been exposed

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to the Lamborghini Trademarks through extensive marketing events and campaigns, in mainstream

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and automotive magazines and other periodicals, as depicted on television and in motion pictures, on

400 SOUTH FOURTH STREET, SUITE 450
LAS VEGAS, NEVADA 89101
TEL.: [phone] – FAX: [phone]

AKERMAN SENTERFITT

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For decades, the Lamborghini Trademarks have received

the Internet, and in other forms of unsolicited media coverage.

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Over many years, Lamborghini has realized enormous and ever-increasing success in

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its sales of products bearing the Lamborghini Trademarks, such sales totaling in the millions of

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dollars in the United States alone.

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Lamborghini constantly strives to maintain the prestige and reputation of quality and

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luxury associated with the Lamborghini brand. Strict quality control standards are imposed in the

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manufacture of all Lamborghini branded products. Lamborghini’s painstaking adherence to only the

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highest quality standards has resulted in widespread and favorable public acceptance among

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consumers for all products bearing the Lamborghini Trademarks.

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As a result of Lamborghini’s extensive advertising and promotion, adherence to the

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highest quality standards, and extraordinary sales success, the Lamborghini Trademarks, as well as

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other well known designs, logos and indicia introduced by Lamborghini, are among the most widely-

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recognized automotive trademarks and source indicia in the United States, possessing strong

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secondary meaning among consumers and the trade, immediately identifying Lamborghini as the

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exclusive source of the products to which they are affixed, and signifying goodwill of incalculable

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value.

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V. DEFENDANTS’ ACTS OF INFRINGEMENT AND UNFAIR COMPETITION

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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

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mark at the entrance of Defendants' premises and a LAMBORGHINI protected type mark within

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Defendants' Exotic Car Showroom. A recent photograph of the unauthorized and infringing use by

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Defendants of Lamborghini's Trademark is attached hereto as Exhibit G. A copy of a printout from

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www.daltoro.com depicting the unauthorized and infringing display of the Lamborghini scripted

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type mark is attached hereto as Exhibit H.

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29.

Additionally, Defendants have engaged in designing, manufacturing, advertising,

logos and source-identifying indicia that are studied imitations of the Lamborghini Trademarks,

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400 SOUTH FOURTH STREET, SUITE 450
LAS VEGAS, NEVADA 89101
TEL.: [phone] – FAX: [phone]

promoting, selling and/or offering for sale apparel and accessory products for consumers bearing

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AKERMAN SENTERFITT

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including a bull-in-shield design (collectively the “Infringing Products”). The Dal Toro Mark shown

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in Exhibit G, and deliberately placed next to Lamborghini's Trademark at Defendants' premises, is

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confusingly similar in shape, color and design to Lamborghini's.

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30.

The Infringing Products which display the infringing Dal Toro Mark are advertised,

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

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Restaurant. Defendants have strategically and deliberately placed such Infringing Products directly

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next to authentic Lamborghini merchandise and Lamborghini Trademarks so as to foreseeably cause

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confusion to the viewing public and consumers that Defendants' Infringing Products are somehow

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sponsored by, affiliated with, or authorized by Lamborghini. Similarly, infringing Dal Toro signage

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is placed along side Lamborghini's Trademarks at Defendants' premises and used in conjunction with

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the sale of the Infringing Products and other authentic Lamborghini merchandise. This plain intent

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of Defendants in such product placement is to bootstrap and tie the Infringing Products to the

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Lamborghini name, image, likeness and brand.

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31.

On or about May 21 and 22, 2008, Lamborghini met with Defendants Sangiovese and

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Sangiovese Banquet and their Manager Barracco to address the infringing Dal Toro Mark. Barracco,

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on behalf of said Defendants, agreed that the Dal Toro logo would be removed from all signage in

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and around Defendants' premises, including the Restaurant, that the Dal Toro Mark would be

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deregistered and canceled of record with the U.S. Patent and Trademark Office, and that the

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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

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Service Mark and Trademark Agreement confirming these accords was prepared and delivered to

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Defendants Sangiovese and Sangiovese Banquet for execution. Lamborghini also followed up on

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numerous occasions. However, Defendants' infringing actions persisted.

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33.

Thereafter, on September 11, 2008, Lamborghini issued to Defendants Sangiovese

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and Sangiovese Banquet a Notice of Trademark Infringement and Demand to Cease and Desist from

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further use of the Dal Toro Mark, withdrawal of its registration with the U.S. Patent and Trademark

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Office, and removal of all infringing signage and merchandise. Exhibit I. Again, said Defendants

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failed to respond or take the agreed corrective actions and continued their infringing activities.

400 SOUTH FOURTH STREET, SUITE 450
LAS VEGAS, NEVADA 89101
TEL.: [phone] – FAX: [phone]

AKERMAN SENTERFITT

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34.

Upon information and belief, Defendants continued and intend to continue to design,

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manufacture, advertise, promote, display, sell and/or offer for sale the Infringing Products, unless

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otherwise restrained. Their infringing materials remain in defiance of Lamborghini's demands to

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cease and desist.

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35.

On or about May 4, 2009, the Dal Toro Mark was determined abandoned by the U.S.

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Patent and Trademark Office for Sangiovese Banquet's failure to file a Statement of Use. However,

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the Dal Toro Mark continues to be proximately displayed and its use expanded through business

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cards, merchandise and signage, and through www.daltoro.com.

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36.

Defendants are well aware of the extraordinary fame and strength of the previously

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established Lamborghini Trademarks and the incalculable goodwill symbolized thereby, and that the

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Infringing Products and infringing signage misstate to the public and the trade, the source or

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sponsorship for the products and signs they are manufacturing, advertising, displaying and/or

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distributing.

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activities knowingly and intentionally, or with reckless disregard for Lamborghini’s rights in the

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Lamborghini Trademarks.

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37.

Accordingly, Defendants have been engaging in the above-described unlawful

Together with, and in addition to the Infringing Products and infringing signage,

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Defendants are using various other design elements and designations, including, but not limited to

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certain fonts, typefaces, designs and graphic designs that are knockoffs of design elements and

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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

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or produced by Lamborghini, sponsored by Lamborghini, affiliated with Lamborghini or that they

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are authentic Lamborghini merchandise.

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38.

Defendants' advertisement, promotion and sale of the Knockoff Products is part of a

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sophisticated and elaborate scheme to target Lamborghini, to create products that are similar in

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appearance to well-known Lamborghini products, and to trade upon the goodwill and reputation

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associated with Lamborghini and its high quality, distinctive product lines, including by deliberately

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misleading the public and the trade as to the authenticity, source, affiliation or sponsorship of

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Defendants’ operations and products.

400 SOUTH FOURTH STREET, SUITE 450
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AKERMAN SENTERFITT

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39.

Rather than going through the effort and expense of developing and creating their

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own unique designs, Defendants have chosen to target and live parasitically off Lamborghini by

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knowingly and slavishly replicating Lamborghini’s world-famous design elements and designations,

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to advantage the markets and demand Lamborghini has created for such designs without having to

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incur the developmental, promotional and advertising expenses that Lamborghini has incurred.

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40.

Upon information and belief, Defendants’ pervasive use, display and sale of the

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Knockoff Products are blatant attempts to misappropriate the skills, expenditures, know how and

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labors of Lamborghini, and profit from the commercial advantage Lamborghini has established, and

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the international recognition Lamborghini has achieved for its famous design elements and

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designations.

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41.

Upon further information and belief, Defendants intend to continue to sell such

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Knockoff Products, and will continue to misappropriate additional design elements and designations

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associated with Lamborghini, unless otherwise restrained.

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42.

As a result of the Defendants' infringing activities and unfair competition,

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Lamborghini has been damaged.

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FIRST CLAIM FOR RELIEF

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TRADEMARK INFRINGEMENT (15 U.S.C. § 1114(1)(a))

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43.

The allegations set forth in paragraphs 1 through 42 hereof are adopted and

incorporated by reference as if fully set forth herein.

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44.

Defendants have used in commerce, a reproduction, counterfeit, copy or colorable

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imitation of Lamborghini's Trademarks in connection with the sale, offering for sale, distribution or

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advertising of its Infringing Products.

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45.

Defendants’ Infringing Products and infringing signage are intended to cause, have

400 SOUTH FOURTH STREET, SUITE 450
LAS VEGAS, NEVADA 89101
TEL.: [phone] – FAX: [phone]

caused and are likely to continue to cause, confusion, mistake and deception among the general

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AKERMAN SENTERFITT

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consuming public and the trade as to whether they originate, are affiliated with, or sponsored or

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endorsed by Lamborghini.

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46.

Lamborghini's Trademarks have priority over the Dal Toro Mark used on the

Infringing Products and infringing signage.

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47.

Upon information and belief, Defendants have acted with knowledge of

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Lamborghini’s ownership of the Lamborghini Trademarks and with the deliberate intention to

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unfairly benefit from the incalculable goodwill symbolized thereby.

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48.

Lanham Act (15 U.S.C. § 1114).

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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.

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Defendants’ acts constitute trademark infringement in violation of Section 32 of the

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.

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51.

Defendants’ acts have damaged and will continue to damage Lamborghini, and

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Lamborghini has no adequate remedy at law.

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SECOND CLAIM FOR RELIEF

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FALSE DESIGNATION OF ORIGIN (15 U.S.C. § 1125(a))

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52.

The allegations set forth in paragraphs 1 through 42 hereof are adopted and

incorporated by reference as if fully set forth herein.

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53.

Defendants’ promotion, distribution, sale and offering for sale of the Infringing

Lamborghini, is intended, and is likely to confuse, mislead, or deceive consumers, the public, and

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the trade as to the origin, source, sponsorship, or affiliation of the Infringing Products, and is

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intended, and is likely to cause such parties to believe in error that the Infringing Products have been

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Products, together with Defendants’ use of other designations and indicia associated with

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AKERMAN SENTERFITT

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authorized, sponsored, approved, endorsed or licensed by Lamborghini, or that Defendants are in

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some way affiliated with Lamborghini.

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54.

Defendants’ acts constitute a false designation of origin, and false and misleading

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

14

U.S.C. § 1125(a)).

15

55.

16

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

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18

56.

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

acts unless restrained by this Court.

19
20

Upon information and belief, by their acts, Defendants have made and will make

57.

Defendants’ acts have damaged and will continue to damage Lamborghini, and

Lamborghini has no adequate remedy at law.

21

THIRD CLAIM FOR RELIEF

22

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

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24

58.

incorporated by reference as if fully set forth herein.

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26
27
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The allegations set forth in paragraphs 1 through 42 hereof are adopted and

59.

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

60.

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

States.

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

4

commerce after Lamborghini's Trademarks became famous, without authorization from

5

Lamborghini, is diluting the distinctive quality of the Lamborghini Trademarks and decreasing the

6

capacity of such marks to identify and distinguish Lamborghini’s goods.

7

63.

Defendants have intentionally and willfully diluted the distinctive quality of the

8

famous Lamborghini Trademarks in violation of Section 43(c) of the Lanham Act (15 U.S.C. §

9

1125(c)).

400 SOUTH FOURTH STREET, SUITE 450
LAS VEGAS, NEVADA 89101
TEL.: [phone] – FAX: [phone]

AKERMAN SENTERFITT

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64.

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.
65.

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

acts unless restrained by this Court.
66.

Defendants’ acts have damaged and will continue to damage Lamborghini, and

Lamborghini has no adequate remedy at law.

16

FOURTH CLAIM FOR RELIEF

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

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19
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67.

The allegations set forth in paragraphs 1 through 42 hereof are adopted and

incorporated by reference as if fully set forth herein.
68.

Defendants have used in commerce a reproduction, counterfeit, copy or colorable

21

imitation of Lamborghini's Trademarks in connection with the sale, offering for sale, distribution or

22

advertising of its Infringing Products.

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69.

Defendants’ Infringing Products and infringing signage are intended to cause, have

24

caused and are likely to continue to cause confusion, mistake and deception among the general

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consuming public and the trade as to whether they originate, are affiliated, sponsored, or endorsed by

26

Lamborghini. Specifically, Defendants have used and prominently display Lamborghini's priority

27

Trademarks, without authorization, permission or license, in conjunction with and adjacent to the

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Dal Toro Mark at their premises.
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70.

Upon information and belief, Defendants have acted with knowledge of

2

Lamborghini’s ownership of the Lamborghini Trademarks and with the deliberate intention to

3

unfairly benefit from the incalculable goodwill symbolized thereby.

4
5

71.

Lanham Act (15 U.S.C. § 1125(a)).

6
7

72.

73.

400 SOUTH FOURTH STREET, SUITE 450
LAS VEGAS, NEVADA 89101
TEL.: [phone] – FAX: [phone]

AKERMAN SENTERFITT

Upon information and belief, Defendants intend to continue their infringing acts, and

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

10
11

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.

8
9

Defendants’ acts constitute unfair competition in violation of Section 43(a) of the

74.

Defendants’ acts have damaged and will continue to damage Lamborghini, and

Lamborghini has no adequate remedy at law.

12

FIFTH CLAIM FOR RELIEF

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COMMON LAW TRADEMARK INFRINGEMENT

14
15

75.

adopted and incorporated by reference as if fully set forth herein.

16
17

76.

77.

78.

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.

22
23

The aforesaid acts of Defendants constitute trademark infringement in violation of

common law.

20
21

Lamborghini owns all right, title, and interest in and to the Lamborghini Trademarks

as aforesaid, including all common law rights in such marks.

18
19

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

79.

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

acts unless restrained by this Court.

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80.

Defendants’ acts have damaged and will continue to damage Lamborghini, and

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Lamborghini has no adequate remedy at law.

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SIXTH CLAIM FOR RELIEF

2

COMMON LAW UNFAIR COMPETITION

3
4

81.

adopted and incorporated by reference as if fully set forth herein.

5
6

82.

83.

400 SOUTH FOURTH STREET, SUITE 450
LAS VEGAS, NEVADA 89101
TEL.: [phone] – FAX: [phone]

AKERMAN SENTERFITT

84.

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

acts unless restrained by this Court.

11
12

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.

9
10

The aforesaid acts of the Dal Toro Defendants constitute unfair competition in

violation of common law.

7
8

The allegations set forth in paragraphs 1 through 42, and 67 through 74, hereof are

85.

Defendants’ acts have damaged and will continue to damage Lamborghini, and

Lamborghini has no adequate remedy at law.

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SEVENTH CLAIM FOR RELIEF

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

15
16

86.

The allegations set forth in paragraphs 1 through 42 hereof are adopted and

incorporated by reference as if fully set forth herein.

17

87.

Defendants, without authorization from Lamborghini, have used and are continuing to

18

use, advertise, promote and sell, including through the Knockoff Products, spurious designations that

19

are identical to, or substantially indistinguishable from, Lamborghini’s AUTOMOBILI

20

LAMBORGHINI type mark and LAMBORGHINI type mark.

21

88.

Defendants, without authorization from Lamborghini, have used and are continuing to

22

use, advertise, promote and sell, including through the Knockoff Products, spurious designations that

23

are identical to, or substantially indistinguishable from, Lamborghini’s AUTOMOBILI

24

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

25

mark.

26

89.

The foregoing acts of Defendants are likely to cause confusion, mistake, or deceive

27

consumers into believing that Defendants’ products are genuine or authorized products of

28

Lamborghini.
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90.

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

Lanham Act (15 U.S.C. § 1114), and Section 34 of the Lanham Act (15 U.S.C. § 1116).
91.

Upon information and belief, by their acts, Defendants have made and will make

substantial profits and gains to which they are not in law of equity entitled.
92.

Upon information and belief, Defendants intend to continue their infringing acts, and

6

will continue to willfully infringe Lamborghini’s AUTOMOBILI LAMBORGHINI type mark and

7

LAMBORGHINI type mark.

8
9

400 SOUTH FOURTH STREET, SUITE 450
LAS VEGAS, NEVADA 89101
TEL.: [phone] – FAX: [phone]

AKERMAN SENTERFITT

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11
12

93.

Upon information and belief, Defendants intend to continue their infringing acts, and

will continue to willfully infringe Lamborghini’s AUTOMOBILI LAMBORGHINI BULL-INSHIELD design mark and LAMBORGHINI BULL-IN-SHIELD design mark.
94.

Defendants’ acts have damaged and will continue to damage Lamborghini, and

Lamborghini has no adequate remedy at law.

13

EIGHTH CLAIM FOR RELIEF

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

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95.

The allegations set forth in paragraphs 1 through 42 hereof are adopted and

incorporated by reference as if fully set forth herein.
96.

The aforesaid acts of Defendants constitute a deceptive trade practice in violation of

the Section 598.0915(3) of the Nevada Revised Statutes.
97.

By virtue of their acts, including the unauthorized prominent display of

20

Lamborghini's Trademarks in connection with their businesses and the infringing Dal Toro Mark,

21

Defendants have knowingly made a false representation as to affiliation, connection, association

22

with or certification by Lamborghini.

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24
25
26
27
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98.

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.
99.

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

acts unless restrained by this Court.
100.

Defendants’ acts have damaged and will continue to damage Lamborghini, and

Lamborghini has no adequate remedy at law.
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1

PRAYER FOR RELIEF

2

WHEREFORE, Lamborghini demands judgment against Defendants as follows:

3

1.

Finding that (i) Defendants have violated Section 32 of the Lanham Act (15 U.S.C. §

4

1114); Section 34 of the Lanham Act (15 U.S.C. Section 1116); Section 43(a) of the Lanham Act (15

5

U.S.C. § 1125(a)); and Section 43(c) of the Lanham Act (15 U.S.C. § 1125(c)); (ii) Defendants have

6

engaged in trademark infringement and unfair competition under common law; and (iii) Defendants

7

have violated Section 598.0915(3) of the Nevada Revised Statutes.

8
9

400 SOUTH FOURTH STREET, SUITE 450
LAS VEGAS, NEVADA 89101
TEL.: [phone] – FAX: [phone]

AKERMAN SENTERFITT

10

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:

11

a)

manufacturing, importing, advertising, marketing, promoting, supplying,

12

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

13

Trademarks or any other mark substantially or confusingly similar thereto, including, without

14

limitation, the Infringing Products, infringing signage, Knockoff Products, and engaging in

15

any other activity constituting an infringement of any of Lamborghini’s rights in the

16

Lamborghini Trademarks, or any other trademark owned by Lamborghini; and

17

b)

engaging in any other activity constituting unfair competition with

18

Lamborghini, or acts and practices that deceive the public and/or the trade, including, without

19

limitation, the use of design elements and designations associated with Lamborghini; and

20

c)

engaging in any activity that will cause the distinctiveness of the Lamborghini

21

Trademarks or any other mark substantially or confusingly similar thereto, to be diluted.

22

3.

Directing such other relief as the Court may deem appropriate to prevent the public

23

from deriving any erroneous impression that any product at issue in this case that has been

24

manufactured, imported, advertised, marketed, promoted, supplied, distributed, offered for sale or

25

sold by Defendants, has been authorized by Lamborghini, or is related to or associated in any way

26

with Lamborghini or its products.

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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
{WP786986;1}

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1

Lanham Act (15 U.S.C. § 1117).

2
3

5.

with Section 35 of the Lanham Act (15 U.S.C. § 1117).

4
5

At its election, awarding Lamborghini statutory damages including, in accordance

6.

Awarding Lamborghini its actual damages including, in accordance with Section 35

of the Lanham Act (15 U.S.C. § 1117).

6

7.

Awarding Lamborghini its costs and attorneys’ fees and investigatory fees and

7

expenses, including to the full extent provided for by Section 35 of the Lanham Act (15 U.S.C. §

8

1117).

9

8.

Requiring Defendants to deliver up to Lamborghini for destruction or other

400 SOUTH FOURTH STREET, SUITE 450
LAS VEGAS, NEVADA 89101
TEL.: [phone] – FAX: [phone]

AKERMAN SENTERFITT

10

disposition all remaining inventory of all Infringing Products and Knockoff Products, including all

11

advertising, promotional and marketing materials therefore, as well as all means of making same.

12

9.

Awarding Lamborghini pre-judgment interest on any monetary award made part of

13

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.

4

AKERMAN SENTERFITT

5

/s/ Jacob Bundick

_________
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
Email: [e-mail]
JACOB D. BUNDICK, ESQ.
Nevada Bar No. 9772
Email: [e-mail]
400 South Fourth Street, Suite 450
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]

6
7
8
9

400 SOUTH FOURTH STREET, SUITE 450
LAS VEGAS, NEVADA 89101
TEL.: [phone] – FAX: [phone]

AKERMAN SENTERFITT

10
11
12
13
14

Of Counsel:
AKERMAN SENTERFITT

19

JOHN C. DOTTERRER, ESQ.
Florida Bar No. 267260
[e-mail]
STEPHEN J. GIOVINCO, ESQ.
Florida Bar No. 567051
[e-mail]
222 Lakeview Avenue, Suite 400
West Palm Beach, Florida 33401
Telephone: [phone]
Facsimile: [phone]

20

Attorneys for Plaintiff

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