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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION

RIEKE CORPORATION d/b/a RIEKE
PACKAGING SYSTEMS, Civil No. 1:14-cv-00241

Plaintiff,

-v-

RIEKES PACKAGING CORPORATION,

COMPLAINT COMPLAINT COMPLAINT COMPLAINT

Defendant. Jury Trial Requested

Plaintiff Rieke Corporation, by its attorneys Woodard, Emhardt, Moriarty,
McNett & Henry, LLP, for its complaint states:
Nature of the Case
1. This is a complaint for trademark infringement and unfair competition.
The Parties
2. Plaintiff Rieke Corporation is an Indiana corporation with a principal place of
business at 500 West 7
th
Street, Auburn, IN 46706 and does business under the
trade name RIEKE PACKAGING SYSTEMS.
3. Defendant Riekes Packaging Corporation is, on information and belief, a
Nebraska corporation, which is doing business in Indiana by selling its packaging
and container products to Indiana customers through, for example, its regional
sales office at Chicago, Illinois.
Jurisdiction and Venue
4. This action arises under the federal Lanham Act, 15 U.S.C. 1051 et seq., and
Indiana common law. This Court has subject-matter jurisdiction over the federal
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law claims under 28 U.S.C. 1331 and 1338 and 15 U.S.C. 1121. This Court has
supplement jurisdiction over the state law claims under 28 U.S.C. 1367.
5. The Court has personal jurisdiction over Defendant under Ind. Trial 4.4 and
venue is proper in this district under 28 U.S.C. 1391 because, on information and
belief, Defendant has marketed, sold and/or actively contracted to supply goods in
the State of Indiana and within this district and actively conducts business in the
State of Indiana and within this district, in connection with the matters giving rise
to this action.
Facts Common to All Counts
6. Plaintiff is an innovative, world-class designer, manufacturer and distributor of
highly engineered closures and dispensing systems for the global marketplace.
These high-performance products are designed to enhance the customers ability to
store transport, process and dispense various products in the agricultural, beverage,
food, household products, industrial, medical, nutraceutical, personal care and
pharmaceutical markets.
7. Plaintiff traces its origin back to 1921 when Theodore W. Rieke revolutionized
the steel drum industry by creating the flange closure which could be inserted
without brazing, required no fusing metals, was easily replaced, and prevented
excessive scrap.
8. Plaintiff has long since expanded its overall product line into specialty
dispensing systems such as pumps, foamers, and sprayers for household dispensers
as well as plastic and steel closures, caps, drum and pail enclosures, rings and
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levers for the industrial market.
9. Plaintiff is one of the largest manufacturers of packaging components in the
world, with advertising and sales activities which extend throughout the world. A
copy of Plaintiffs homepage advertising both the trade name and the trademark
RIEKE PACKAGING SYSTEMS with its packaging component products and its
world-wide marketing capability is appended as EXHIBIT A.
10. Since as least as early as June 2000, the RIEKE PACKAGING SYSTEMS
trade name and trademark has been used continuously in association with
Plaintiffs dispensing systems and closures. Plaintiff is now well known throughout
the United States and the world as a source of origin for these goods. Moreover,
RIEKE PACKAGING SYSTEMS symbolizes both the reputation of the company
and the activities to which it engages.
11. Over the years, Plaintiff has spent a considerable amount of money in
establishing the trade name and the trademark in the minds of customers as a
source of high quality and reliable packaging dispensers and closures.
12. Today, the trade name and the trademark RIEKE PACKAGING SYSTEMS
has become associated in the minds of purchasers with Plaintiff as one of the largest
and most reputable manufacturers and distributors of high quality and reliable
packaging dispensers and closures in the world.
13. Both Plaintiff and Plaintiffs products have proudly and continuously borne the
name RIEKE PACKAGING SYSTEMS. Plaintiffs products have been sold
throughout the United States and the world under the mark RIEKE PACKAGING
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SYSTEMS. This trademark has been registered upon the Principal Register of the
United States Patent and Trademark Office as United States Registration No.
2742836 issued July 29, 2003 (RIEKE PACKAGING SYSTEMS). A copy of the
registration is annexed as EXHIBIT B.
14. On information and belief, Defendant has been manufacturing and selling
packaging components since its organization in 2012 and has been selling such
packaging components within this district, within the state of Indiana, and
throughout the United States.
15. Typical of the products Defendant has sold under the RIEKES PACKAGING
CORPORATION name are glass bottles, plastic bottles, plastic closures, caps, metal
closures, dispensing closures and systems, tubes and the like. A copy of Defendants
website advertising the Defendants packaging and packaging components is
appended as EXHIBIT C.
16. On information and belief, Defendant did not engage in the manufacture and
sale of packaging and packaging components under the trade name or the
trademark RIEKES PACKAGING CORPORATION prior to 2012.
17. The use by Defendant of the RIEKES PACKAGING CORPORATION trade
name or trademark with or on its products is likely to cause confusion or mistake or
deception on the part of persons as to an affiliation, connection, or association
between Plaintiff and Defendant as to the source or origin of Defendants goods.
18. Purchasers are likely to purchase goods from Defendant, possibly bearing the
RIEKES PACKAGING CORPORATION name, believing they are Plaintiffs, and
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thereby resulting in a loss of sales to the Plaintiff.
19. Defendants actions are further likely to cause confusion, mistake, or deception
as to the origin, sponsorship, or approval of Defendants products and commercial
activities.
Count ITrademark Infringement under the Lanham Act
20. Plaintiff adopts by references paragraphs 1-19.
21. Defendants acts violate Section 32 of the Lanham Act, 15 U.S.C. 1114.
Defendants use of the RIEKES PACKAGING CORPORATION business name and
the offering of packaging and packaging components under that name violate
Riekes rights in the federally registered RIEKE PACKAGING SYSTEMS
trademark. Defendants use of the RIEKES PACKAGING CORPORATION name is
largely identical to Riekes federally registered RIEKE PACKAGING SYSTEMS
trademark, and Defendant is using the infringing RIEKES PACKAGING
CORPORATION name in conjunction with products that are competitive, similar,
or related to goods Plaintiff is offering under the RIEKE PACKAGING SYSTEMS
mark.
22. Plaintiff has been injured and will continue to be injured by Defendants
violations. Rieke Corporation has suffered and will continue to suffer irreparable
harm unless this Court enjoins Defendants actions. Rieke Corporation has no
adequate remedy at law.
23. Defendants violations of Plaintiffs trademark rights were knowing, deliberate,
and intentional. Accordingly, Rieke Corporation is entitled to a recovery of
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enhanced damages and attorneys fees.
Count IIUnfair Competition under Section 43(a) of the Lanham Act
24. Plaintiff adopts by references paragraphs 1-19
25. Defendants acts violate Section 43(a)(1)(A) of the Lanham Act, 15 U.S.C.
1125(a)(1)(A). Defendant use the RIEKES PACKAGING CORPORATION business
name and offering packaging and packaging components under that name violates
Rieke Corporations rights in the name and the mark RIEKE PACKAGING
SYSTEMS and is likely to cause confusion, mistake, or deception as to the
affiliation, connection, or association of Defendant and its products, services, and
commercial activities with Rieke Corporation and its products, services, and
commercial activities.
26. Plaintiff has been injured and will continue to be injured by Defendants
violations. Rieke Corporation has suffered and will continue to suffer irreparable
harm unless this Court enjoins Defendants actions. Rieke Corporation has no
adequate remedy at law.
27. Defendants violations of Plaintiffs trademark rights were knowing, deliberate,
and intentional. Accordingly, Rieke Corporation is entitled to a recovery of
enhanced damages and attorneys fees.
Count IIICommon Law Trademark Infringement and Unfair Competition
28. Plaintiff adopts by references paragraphs 1-27.
29. Defendants aforementioned actions, particularly Defendants use of RIEKES
PACKAGING CORPORATION as a business name, constitute trademark
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infringement and unfair competition in violation of the common law of Indiana.
30. Defendants aforementioned actions are likely to cause confusion, mistake
and/or deception, including but not limited to confusion, mistake and/or deception
regarding the source, origin, and/or affiliation of products promoted or sold by
Defendant.
31. Defendants actions have caused and will continue to cause Rieke Corporation
to suffer damages and irreparable injury to its reputation and goodwill. Rieke
Corporation has been and will continue to be irreparably damaged unless and until
this Court enjoins Defendants violations.
Prayer for Relief
Plaintiffs request the Court:
(a) enter a permanent injunction enjoining Defendant, and any companies owned or
controlled by Defendant, and the officers, agents, privies, shareholders, principals,
directors, licensees, attorneys, employees, affiliates, subsidiaries, successors and
assigns of any such companies, and all those persons in active concert or
participation with them, from:
i. using RIEKES PACKAGING CORPORATION as a business name or from
using any form of RIEKES PACKAGING CORPORATION as part of
Defendants business name;
ii. using the RIEKES PACKAGING CORPORATION name in connection with
any sale, offer, promotion, distribution, advertising, of any packaging
components or packaging services, or from engaging in any other commercial
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activities using the RIEKES PACKAGING CORPORATION name in
connection with packaging products or services;
iii. using any representation of the RIEKES PACKAGING CORPORATION
name that could, or would be likely to, lead consumers, the public, or the
trade to believe that Defendant or its products is sponsored by, associated
with, authorized by, endorsed by, or otherwise connected with Rieke
Corporation;
iv. engaging in any other activity constituting unfair competition with Rieke
Corporation, or constituting an infringement of Rieke Corporations RIEKE
PACKAGING SYSTEMS trademark; and
v. instructing, assisting, aiding, or abetting any other person or business entity
in engaging or performing any of the activities referenced in the above
subparagraphs or taking any action that contributes to any of the activities
referenced in the above subparagraphs.
(b) direct the Defendant, at its own expense, to immediately recall its entire
inventory of products, advertisements, promotions, and any other materials bearing
the RIEKES PACKAGING CORPORATION business name that were distributed to
any third party;
(c) direct such other relief as the Court may deem appropriate to prevent any
confusion, mistake, or deception as the origin, sponsorship, or approval of
Defendants products and commercial activities; to prevent the public from being
deceived as to the relationship between Defendant and Rieke Corporation; and to
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prevent Defendant from misappropriating the reputation and goodwill of Rieke
Corporation and Rieke Corporations RIEKE PACKAGING SYSTEMS trademarks
and products;
(d) declare that Defendants use of the RIEKES PACKAGING CORPORATION
business name, and use of the RIEKES PACKAGING CORPORATION name in
connection with the sale of packaging products and components, constitutes
trademark infringement under Sections 32 and 43(a) of the Lanham Act; and
constitutes a violation of the common law of the state of Indiana;
(e) direct that Defendant cancels, amends or otherwise modifies any applications
Defendant has filed seeking registration of a trademark containing the RIEKES
PACKAGING CORPORATION name; and
(f) award Rieke Corporation any monetary damages incurred due to Defendants
actions, and award Rieke Corporation all costs, disbursements, and attorneys fees
incurred in this matter.
Jury Demand
Plaintiff demands a jury trial.

Dated: August 7, 2014 s/ Kurt N. Jones_________________
Kurt N. Jones
Woodard, Emhardt, Moriarty,
McNett & Henry LLP
111 Monument Circle, Suite 3700
Indianapolis, IN 46204
Phone: (317) 634-3456
Fax: (317) 637-7561
Email: kjones@uspatent.com

#1073385v1 Attorneys for Rieke Corporation
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