Holding Company of the Villages, Inc. v. Villages - Docket Alarm

Holding Company of the Villages, Inc. v. Villages - Docket Alarm

Case 5:16-cv-00348-JSM-PRL 5:16—cv—OO348—JSM—PRL Document Document 1 1 Filed Filed 05/18/16 05/18/16 Page Page 1 1 of of 36 36 PageID Page|D 1 1 Case ...

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Case 5:16-cv-00348-JSM-PRL 5:16—cv—OO348—JSM—PRL Document Document 1 1 Filed Filed 05/18/16 05/18/16 Page Page 1 1 of of 36 36 PageID Page|D 1 1 Case

‘F'1L"ED UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

OCALA DIVISION

2815 as V

mi 1 8 AH H : 0!

CLERK. us 0:

HOLDING COMPANY or THE

Mmatg a:s5riz'7éiIirC'?=I_RT

VILLAGES, INC.,

0‘-‘ALA Ftomon

Plaintiff’

Case No;

“ VI/'

QC '50 ‘Dab

v.

VILLAGES ROOFING AND

CONSTRUCTION, INC.,

VILLAGES CONSTRUCTION, INC. Defendants. I

COMPLAINT

Plaintiff, Holding Company of The Villages, Inc. (“Holding Company”) files this

Complaint against Defendants Villages Roofing and Construction Inc. (“Villages Roofing & Construction”) and Villages Construction, Inc. (“Villages Construction”, and together with Villages Roofing & Construction, “Defend.ants”). JURISDICTION AND VENUE

1.

This is an action for monetary, injunctive, and declaratory relief arising under the

trademark laws of the United States, including the Lanham Act, 15 U.S.C. § 1051 et seq., the

Anticybersquatting Consumer Protection Act, 15. U.S.C. § 1]25(d)., and the trademark and consumer protection laws of Florida, Fla. Stat. § 495.001 et. seq.

2.

The Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331 and

15 U.S.C. § 1l2l(a) because this action arises under the laws of the United States, and under Chapter 22 of 15 U.S.C. The Court can exercise supplemental jurisdiction over the related state law claims under 28 U.S.C. § l367(a).

3.

The Court has personal jurisdiction over Villages Roofing & Construction at least

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Case 5:16-cv-00348-JSM-PRL 5:16—cv—OO348—JSM—PRL Document Document 1 1 Filed Filed 05/18/16 05/18/16 Page Page 2 2 of of 36 36 PageID Page|D 2 2 Case

because it has a principal place ofbusiness in this District. 4.

The Court has personal jurisdiction over Villages Construction at least because it

has a principal place of business in this District.

5.

Venue is proper in this District under 28 U.S.C. § l39l(b)(2) because a

substantial part of the events or omissions alleged in this complaint occurred in this District. 6.

Venue is proper in this Division under Local Rule 1.02(b)(2) and (c) because the

counties with the greatest nexus with this case are Sumter County, Lake County, and Marion County. PARTIES

7.

Holding Company is a Florida corporation with its principal place of business at

1020 Lake Sumter Landing, The Villages, Florida 32162.

8.

Holding Company, its predecessors, and its affiliated companies (jointly “The

Villages Companies”), are the developers of The Villages® community located in central Florida. 9.

The Villages Companies are engaged in, among other services, the business of

real estate sales, construction, and development.

10.

Villages Roofing & Construction is a Florida corporation with its principal place

of business at 1410 Emerson Street, Leesburg, Florida 34748.

1 1.

Villages Roofing & Construction is engaged in the construction business.

12.

Villages Roofing & Construction provides services to residential and commercial

customers.

13.

Villages Roofing & Construction offers its services to persons and entities in

Lake, Sumter and Marion Counties.

14.

Villages Construction is a Florida Corporation with its principal place of business

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Case 5:16-cv-00348-JSM-PRL 5:16—cv—OO348—JSM—PRL Document Document 1 1 Filed Filed 05/18/16 05/18/16 Page Page 3 3 of of 36 36 PageID Page|D 3 3 Case

at 1410 Emerson Street, Leesburg, Florida 34748. 15.

Villages Construction is engaged in the construction business.

16.

Villages Construction offers its services to persons and entities in Lake, Sumter

and Marion Counties.

17.

Mr. Joseph E. Rayl serves as the President of both Villages Roofing &

Construction and Villages Construction.

18.

Both Villages Roofing & Construction and Villages Construction share the same

principal address. HOLDING COMPANY AND ITS TRADEMARKS

19.

The Villages Companies construct residential homes and commercial properties,

and provide real estate sales, leasing, property management, and brokerage services. 20.

The Villages Companies provide construction and other services in Lake, Sumter,

and Marion Counties, Florida.

21.

Holding Company owns the trademarks and service marks used by The Villages

Companies, all of which are affiliated entities or licensees.

22.

The Villages Companies promote and sell construction services, and other

services, under the trademarks THE VILLAGES and ‘flIe°\/illaaes (the “Marks”). 23.

Holding Company is the owner of the trademark rights in and to the Marks.

24.

The Villages Companies have used the Marks for residential real estate

construction and development, real estate brokerage of residential housing, and resale of residential housing, substantially and continuously, since at least as early as July 1992. 25.

Since adopting the Marks, The Villages Companies have spent significant sums to

advertise and promote their goods and services using the Marks.

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Case 5:16-cv-00348-JSM-PRL 5:16—cv—OO348—JSM—PRL Document Document 1 1 Filed Filed 05/18/16 05/18/16 Page Page 4 4 of of 36 36 PageID Page|D 4 4 Case

26.

The Villages Companies’ marketing and promotion efforts include television,

newspaper, magazine, and outdoor advertising.

27.

The Villages Companies also promote themselves through an interactive website

located at the domain name (“The Villages Website”).

28.

The Villages Website offers information, maps, and contact information regarding

The Villages® community and its facilities, as well as other information of interest to residents and prospective residents alike.

29.

The Marks are widely recognized by consumers as being associated with the high

quality real estate and construction services, and other goods and services, offered by The Villages Companies.

30.

The Villages Companies have achieved significant commercial success in

connection with their use of the Marks.

31.

Through The Villages Companies’ efforts, the Marks have become famous as

designators for the source of goods and services (including without limitation real estate sales and construction services) provided by The Villages Companies.

32.

Through longstanding use of the Marks, The Villages Companies have acquired

valuable common law trademark rights in the Marks for a variety of goods and services.

33.

In recognition of Holding Company’s exclusive rights to use the Marks in

commerce in the United States, the United States Patent and Trademark Office has issued 20

federal trademark registrations that comprise or include THE VILLAGES. 34.

The federal trademark registrations owned by Holding Company include:

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Case 5:16-cv-00348-JSM-PRL 5:16—cv—OO348—JSM—PRL Document Document 1 1 Filed Filed 05/18/16 05/18/16 Page Page 5 5 of of 36 36 PageID Page|D 5 5 Case

EITHE VILLAGES

2,614,700

9/3/2002

IC 37: Residential

7/ll1 992

retirement home real

(Incontestable)

estate construction and develo ment

Gn1§GW“age‘§

4,468,815

1/21/2014

IC 37: Building

construction services;

7/1/1992

Real estate development services in the field of retirement communities

Copies of the registration certificates and assignment records for Registrations 2,614,700, and 4,468,815, are attached to this complaint as Exhibit 1.

35.

was filed

The declaration required by 15 U.S.C. § 1065(3) for Registration No. 2,614,700

the United States Patent and Trademark Office on March 3, 2008, and accepted on

March 20, 2008. Copies of the notices of acceptance and acknowledgement under Sections 8 and 15 for Registration 2,614,700 are attached to this complaint as Exhibit 2.

36.

Registration No. 2,614,700 for THE VILLAGES is incontestable pursuant to 15

U.S.C. § 1065.

37.

Holding Company’s predecessor in interest coined the term THE VILLAGES

when they began developing The Villages“) community. 38.

The term THE VILLAGES was not used in connection with the area in which The

Vi11ages® community is located prior to the development of that community by The Villages Companies.

39.

The term THE VILLAGES is suggestive of a community organized as a group of

self-sufficient, interconnected, small towns.

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