450 North Complaint

Case 1:17-cv-02529-JMS-MPB Document 1 Filed 07/27/17 Page 1 of 20 PageID #: 1
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
BRIX HAUS BREWING INC., d/b/a )

450 NORTH BREWING CO., )
)
Plaintiff, )
)
v. ) Case No. 1:17-cv-2529
)
INDIANA ON TAP, LLC, )
)
Defendant. )
COMPLAINT AND JURY DEMAND
For its Complaint against Defendant Indiana on Tap, LLC, Plaintiff Brix Haus Brewing
Co., doing business as 450 North Brewing Co., through the undersigned, states and alleges as
follows:
NATURE OF THE ACTION
1. This is an action for false designation of origin arising under the Lanham Act, 15
U.S.C. 1051 et seq., and for unfair competition, fraud, deception, conversion, theft, and tortious
interference with economic advantage under the laws of the State of Indiana.
THE PARTIES
2. Plaintiff Brix Haus Brewing Co., doing business as 450 North Brewing Co. (450
North), is an Indiana corporation with its principal place of business in Columbus, Indiana.
3. Defendant Indiana on Tap, LLC (Indiana on Tap) is an Indiana limited liability
company with its principal place of business in Fishers, Indiana.
JURISDICTION AND VENUE
4. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and
1338(a) and 15 U.S.C. 1121(a) because 450 Norths claim arises under the Lanham Act.
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5. This Court has supplemental jurisdiction over 450 Norths Indiana state law and
common law claims pursuant to 28 U.S.C. 1338(b) and 1367(a) because those claims are
joined with a substantial and related claim under the Lanham Act, and are so related to the claim
under the Lanham Act that they form part of the same case or controversy under Article III of the
United States Constitution.
6. The exercise of in personam jurisdiction over Indiana on Tap comports with the
laws of the State of Indiana and the constitutional requirements of due process because Indiana
on Tap is a limited liability company registered and headquartered in Indiana, and Indiana on
Tap and/or its agents transact business, and/or offer to transact business, within Indiana.
7. This Court also has personal jurisdiction over Indiana on Tap because Indiana on
Tap has committed tortious acts in Indiana causing injury to 450 North in Indiana.
8. Venue is proper in this District under 28 U.S.C. 1391(b)(1) and 1391(c)(2)
because Indiana on Tap is subject to personal jurisdiction in this District and resides in this
District.
ALLEGATIONS RELEVANT TO ALL COUNTS
A. 450 North conceives and develops the Corn Maze Beer Fest event.
9. 450 North is a brewery, tap room, and restaurant that opened in 2012 in
Columbus, Indiana.
10. In early 2016, 450 North conceived the idea of hosting an autumn-themed special
event in the fields immediately surrounding the brewery, featuring a corn maze, music, a
selection of beers from local and regional breweries, and other entertainment, that it came to call
the Corn Maze Beer Fest. It set the inaugural event for October 1, 2016 and anticipated that the
event would become an annual one.
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11. Indiana on Tap is a company that specializes in media and marketing services for
craft beer events in Indiana.
12. On February 9, 2016, 450 North contacted Indiana on Tap, inquiring about
Indiana on Taps interest in providing organizational help for the upcoming event. Indiana on
Tap was receptive to the idea.
13. In March 2016, 450 North sent emails to a large number of local and regional
breweries, inviting them to participate in the Corn Maze Beer Fest.
14. In the summer of 2016, Indiana on Tap sent 450 North a draft Service Agreement
(the Unsigned Agreement) to memorialize the terms on which Indiana on Tap would provide
services in connection to the Corn Maze Beer Fest for three successive years2016, 2017 and
2018. While 450 North did not sign this contract, the parties did reach a binding oral contract
that incorporated the Unsigned Agreements terms with respect to the 2016 Corn Maze Beer Fest
(but not future events) and was binding on 450 North and Indiana on Tap (the Oral Contract).
The Unsigned Agreement is attached hereto as Exhibit A.
15. The Unsigned Agreement (and the Oral Contract) contemplated that Indiana on
Tap would provide several design and promotional services. These included the following
commitments:
a. It would custom-build and host an event website to help promote the festival,
including a ticketing website;
b. It would provide 450 North the as-needed assistance of a graphic designer;
c. It would design a logo for the event and other social media images;
d. It would create and advertise a Twitter account for the event, together with
unique hashtag; and
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e. It would develop and implement print and audio advertising for the event,
including press releases, newspaper ads, radio sponsorships, and printed
posters. Ex. A at 2.
16. Under the Unsigned Agreement (and the Oral Contract), 450 North reserved the
right to review and, in 450 Norths sole discretion, approve or disapprove all logos and images,
Twitter accounts or hashtags, and all other advertising materials. See Ex. A at 2.
17. Nowhere in the Unsigned Agreement (and the Oral Contract), or in the course of
any other communications with Indiana on Tap, did 450 North license to Indiana on Tap the
trademark CORN MAZE BEER FEST or any other terms, images, or logos associated with the
Corn Maze Beer Fest.
18. The first annual Corn Maze Beer Fest occurred on October 1, 2016. The festival
was a financial success, and 450 North paid Indiana on Tap 50 percent of the gross revenue from
festival ticket sales in accordance with the Unsigned Agreement (and the Oral Contract). See Ex.
A at 3(D).
19. However, 450 North was dissatisfied in some respects with the services that
Indiana on Tap performed on site during the festival. 450 North desired to engage Indiana on
Tap to perform services for future festivals on adjusted contractual terms reflecting a reduced
role, but after an exchange of communications, Indiana on Tap informed 450 North that, in light
of the two parties inability to come to an agreement, Indiana on Tap had decided to terminate
the business relationship and have no further involvement with the Corn Maze Beer Fest.
20. Specifically, Indiana on Tap representative Justin Knepp stated to 450 North co-
owners David and Brenda Simmons via email on March 2, 2017 that Indiana on Tap had decided
to legally disassociate [itself] from the event all together [sic].
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21. In the same email, Knepp warned that Indiana on Tap would publicly announce to
the Corn Maze Beer Fests brewery partners that the 2017 Corn Maze Brew Fest had been
canceled unless 450 North agreed to buy out what Indiana on Tap asserted was its property
interest in items associated with the event such as graphic designs, the
www.cornmazebeerfest.com website, the Twitter handle and account, and others.
22. Indiana on Tap had no right, on March 2, 2017 or at any other time, to cancel or
threaten to cancel the 2017 Corn Maze Beer Fest.
23. 450 North plans to host the 2017 Corn Maze Beer Fest in the autumn of 2017, and
future annual festivals in succeeding years, without Indiana on Taps participation.
B. Indiana on Taps Wrongful Conduct
24. 450 North conceived, organized, and hosted the inaugural 2016 Corn Maze Beer
Fest. As demonstrated by the terms of the Agreement (and the Oral Contract), under which 450
North retained the right to approve or disapprove of the appearance and uses of the term in
promotional materials, 450 Northnot Indiana on Tapowns a trademark on the term CORN
MAZE BEER FEST and the accompanying logo.
25. Indiana on Tap has engagedand continues to engagein conduct that is
inconsistent with 450 Norths ownership of the CORN MAZE BEER FEST trademark and logo.
This conduct is harmful to 450 Norths business interests and confusing to consumers.
26. On March 7, 2017, Indiana on Tap representative Justin Knepp sent 450 North an
email objecting to the formatting and content of an invitation to the 2017 Corn Maze Beer Fest
that 450 North had sent out to certain breweries. Knepp stated that many of these breweries were
confused, in part because they had already received an invitation from Indiana on Tap several
weeks ago. Knepp sent this email after Indiana on Tap had cut off negotiations about any
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participation in the 2017 Corn Maze Beer Fest and informed 450 North of its decision to legally
disassociate itself from the event.
27. Indiana on Tap has no right, absent agreement with 450 North, to send invitations
to the 2017 Corn Maze Beer Festor to any copycat event organized by Indiana on Tap
featuring a name that infringes on 450 Norths trademark rights in the CORN MAZE BEER
FEST trademark and/or logo.
28. Acting as 450 Norths agent pursuant to the Agreement, Indiana on Tap created
the website with URL www.cornmazebeerfest.com in 2016 to promote and sell tickets for the
2016 Corn Maze Beer Fest.
29. The front page of that website featured a logo that prominently displayed 450
Norths name as the host of the Corn Maze Beer Fest. That logo is reproduced below:
30. Indiana on Tap continued to operate that website even after it purported to
disassociate itself from 450 North and the Corn Maze Beer Fest.
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31. For a significant period of time in 2017 and including the months of April and
May, the website represented to the public that they could buy tickets for the 450 North 2017
Corn Maze Beer Fest, but displayed the wrong date for the event.
32. At other times, the website wrongly displayed a message to the public that the
2017 Corn Maze Beer Fest was sold out.
33. Indiana on Tap continues to operate the website www.cornmazebeerfest.com. The
website has recently been re-formatted, however, to advertise another event, to be organized by
Indiana on Tap, but also called the Corn Maze Beer Fest. The website currently informs the
public that the date, time, and location of this copycat event are yet to be announced. It also
invites the public to a partner event called GnawBrewslated to occur a week before 450
Norths 2017 Corn Maze Beer Fest.
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34. When the public navigates to the Buy Tickets tab, Indiana on Tap redirects
users to its own websitewww.indianaontap.com. An excerpt of the HTML code from
www.cornmazebeerfest.com illustrates this:
35. Indiana on Tap has also continued to display the logo it used to advertise the 2016
Corn Maze Beer Fest on behalf of 450 Northbut with one significant alteration: it has simply
deleted the 450 North logo from the design and inserted its own logo. The logo that currently
appears on the www.cornmazebeerfest.com website, which is otherwise unchanged, is
reproduced below with Indiana on Taps own logo encircled:
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36. Indiana on Taps use of (i) the CORN MAZE BEER FEST trademark; (ii) the
website www.cornmazebeerfest.com; and (iii) an only slightly altered logo from the authentic
2016 event advertising its copycat 2017 event, is likely to cause confusion, mistake, or deception
in the market as to the source or origin of Indiana on Taps event, and to falsely suggest that
Indiana on Tap and any alternate events it hosts are sponsored by, connected to, or associated
with 450 North.
37. Indiana on Tap has also continued to use the Twitter handle and account that it
created for the 2016 Corn Maze Beer Fest even after it disassociated itself from 450 North in
March 2017.
38. 450 North, by counsel, informed Indiana on Tap that its conduct infringed on 450
Norths trademark rights, and requested formal transfer of ownership rights in the URL
www.cornmazebeerfest.com and the associated Twitter handle and account back to 450 North,
on March 9, 2017.
39. Because no valid agreement is currently in place between the parties, 450 North
has no control over the quality or value of any events or products that Indiana on Tap markets
under CORN MAZE BEER FEST trademark and logo. The invaluable goodwill associated with
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the CORN MAZE BEER FEST trademark and logo is thereby wrongfully at the mercy of
Indiana on Tap.
40. By using the CORN MAZE BEER FEST trademark and logo without
authorization, Indiana on Tap is and has been willfully and intentionally trading upon the
goodwill that 450 North developed at its considerable expense and effort. Indiana on Tap has
thereby caused and is causing 450 North substantial and irreparable harm and injury.
COUNT I
False Designation of Origin 15 U.S.C. 1125(a)
41. 450 North repeats and realleges the preceding paragraphs as if fully set forth
herein.
42. As alleged above, 450 North is the owner of an unregistered trademark associated
with CORN MAZE BEER FEST trademark and logo. The CORN MAZE BEER FEST
trademark and logo are inherently distinctive. 450 North, moreover, has developed and maintains
substantial secondary meaning in the CORN MAZE BEER FEST trademark and logo.
43. Indiana on Taps unauthorized use of the CORN MAZE BEER FEST trademark
and logo in connection with the URL and contents of the website www.cornmazebeerfest.com,
as alleged herein, constitutes false designation of origin in violation of the Lanham Act, 15
U.S.C. 1125(a). Indiana on Taps unauthorized use of the CORN MAZE BEER FEST
trademark and logo in connection with Indiana on Taps www.cornmazebeerfest.com website,
Twitter handle and account, and other promotional materials is likely to cause (and in fact has
caused) confusion, mistake and/or deception as to the source or origin of Indiana on Taps events
or products, and to falsely suggest that Indiana on Tap and its events (including the advertised
GnawBrew event) are sponsored by, connected to, or associated with 450 North. Facebook posts
evidencing confusion are attached hereto as Exhibit B.
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44. Indiana on Taps wrongful use of the CORN MAZE BEER FEST trademark and
logo in connection with Indiana on Taps www.cornmazebeerfest.com website, Twitter handle
and account, and other promotional materials is knowing, deliberate, and willful.
45. As a direct and proximate result of Indiana on Taps actions described herein, 450
North has suffered, and will continue to suffer, irreparable injury to its business, reputation, and
goodwill, unless and until the Court preliminarily and permanently enjoins Indiana on Taps
actions. 450 North has no adequate remedy at law for those of Indiana on Taps actions that are
ongoing.
North is entitled to a monetary recovery in an amount to be proven at trial.
COUNT II
Common Law Unfair Competition
herein.
48. Indiana on Taps unauthorized use of the CORN MAZE BEER FEST trademark
and logo in connection with Indiana on Taps www.cornmazebeerfest.com website, Twitter
handle and account, and other promotional materials as alleged herein constitutes common law
unfair competition in violation of the law of Indiana. Indiana on Taps use of the CORN MAZE
BEER FEST trademark and logo in connection with Indiana on Taps
www.cornmazebeerfest.com website, Twitter handle and account, and other promotional
materials is likely to cause confusion, mistake and/or deception as to the source or origin of
Indiana on Taps goods and services, and to falsely suggest that Indiana on Tap and its events
(including the GnawBrew event) or products are sponsored by, connected to, or associated with
450 North.
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49. Indiana on Taps wrongful use of the CORN MAZE BEER FEST trademark and
logo in connection with Indiana on Taps www.cornmazebeerfest.com website, Twitter handle
and account, and other promotional materials is knowing, deliberate, and willful.
actions. 450 North has no adequate remedy at law with respect to those actions of Indiana on Tap
that are ongoing.
North has suffered, and will continue to suffer, monetary damages in an amount to be proven at
trial.
COUNT III
Indiana Crime Victims Relief Act Indiana Code 35-24-3-1
Deception Indiana Code 35-43-5-3(a)(6), 35-43-5-3(a)(9)
herein.
53. By engaging in the unlawful, knowing, intentional, deliberate, willful, and
malicious actions described above, Indiana on Tap has disseminated to the public information
that Indiana on Tap knows is false, misleading, or deceptive, with the intent to promote Indiana
on Taps business and/or commercial interests. Indiana on Tap has also disseminated to the
public an advertisement by means of its website, knowing that advertisement to be misleading or
deceptive, with the intent to promote the sales of its copycat Corn Maze Beer Fest event and its
unrelated GnawBrew event, thereby advancing its own business interests.
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54. Indiana on Tap has therefore committed deception under Indiana Code Sections
35-43-5-3(a)(6) and 35-43-5-3(a)(9).
actions. 450 North has no adequate remedy at law with respect to those of Indiana on Taps
actions that are ongoing.
trial.
57. Under the Indiana Crime Victims Relief Act, Indiana Code Section 35-24-3-1, a
person that suffers pecuniary loss as a result of the violation of Indiana Code Sections 35-43 et
seq., may bring a civil action against the person who caused the loss for treble damages, costs of
the action, and reasonable attorneys fees.
58. As set forth herein, Indiana on Tap has violated Indiana Code Section 35-43-5-3
through Indiana on Taps knowing, intentional, deliberate, willful, and malicious commission of
deception.
59. 450 North is the victim of Indiana on Taps deception and other knowing,
intentional, deliberate, willful, and malicious actions set forth herein, and, as a result, has
suffered, and will continue to suffer, monetary damages in an amount to be proven at trial.
60. 450 North is accordingly entitled to an award of those actual damages as well as
statutory treble damages, corrective advertising damages, costs, and reasonable attorneys fees.
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COUNT IV
Conversion Indiana Code 35-43-4-3
herein.
malicious actions described above, Indiana on Tap has knowingly or intentionally exerted
unauthorized control over 450 Norths valuable tangible and intangible propertythe CORN
MAZE BEER FEST trademark and logo and the goodwill associated with the sameby making
unauthorized use of the CORN MAZE BEER FEST trademark and logo in connection with its
promotion of a copycat Corn Maze Beer Fest event and its unrelated GnawBrew event. Such
unauthorized use was for Indiana on Taps benefit and interfered with 450 Norths control over
the CORN MAZE BEER FEST trademark and logo and the accompanying goodwill.
63. As the owner of the CORN MAZE BEER FEST trademark and logo and the
accompanying goodwill, 450 North alone has the right to control and authorize the use of the
CORN MAZE BEER FEST trademark and logo.
through Indiana on Taps exercise of unauthorized control over 450 Norths valuable tangible
and intangible propertythe CORN MAZE BEER FEST trademark and logo and the goodwill
associated with the same.
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66. 450 North is the victim of Indiana on Taps conversion and other knowing,
intentional, deliberate, willful, and malicious actions set forth herein, and, as a result, has
suffered, and will continue to suffer, monetary damages in an amount to be proven at trial.
COUNT V
Theft Indiana Code 35-43-4-2
herein.
malicious actions described above, Indiana on Tap has knowingly or intentionally exerted
unauthorized control over 450 Norths valuable tangible and intangible propertythe CORN
MAZE BEER FEST trademark and logo and the goodwill associated with the samewith the
intent to deprive 450 North of a part of its value and by making unauthorized use of the CORN
MAZE BEER FEST trademark and logo in connection with its promotion of a copycat Corn
Maze Beer Fest event and its unrelated GnawBrew event. Such unauthorized use was for
Indiana on Taps benefit and interfered with 450 Norths control over the CORN MAZE BEER
FEST trademark and logo and the accompanying goodwill.
70. As the owner of the CORN MAZE BEER FEST trademark and logo and the
accompanying goodwill, 450 North alone has the right to control and authorize the use of the
CORN MAZE BEER FEST trademark and logo.
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through Indiana on Taps exercise of unauthorized control over 450 Norths valuable tangible
and intangible propertythe CORN MAZE BEER FEST trademark and logo and the goodwill
associated with the same.
73. 450 North is the victim of Indiana on Taps theft and other knowing, intentional,
deliberate, willful, and malicious actions set forth herein, and, as a result, has suffered, and will
continue to suffer, monetary damages in an amount to be proven at trial.
COUNT VI
Fraud
herein.
76. In the text of the Unsigned Agreement (and the Oral Contract), Indiana on Tap
represented that the services it performed on 450 Norths behalf, including the creation of the
website with URL www.cornmazebeerfest.com, commissioning of a logo for the Corn Maze
Beer Fest, creation of a Twitter account and handle associated with the event, and other
advertising and promotional services, had been performed on behalf of 450 North and in
consideration for compensation in the form of 50 percent of ticket sales for the event.
77. Indiana on Tap representative Justin Knepp also represented to David and Brenda
Simmons in his March 2, 2017 email that Indiana on Tap had decided to legally disassociate
itself with the 2017 Corn Maze Beer Fest and all future such annual events.
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78. These representations were untrue, and Indiana on Tap made them with
knowledge of, or reckless indifference to, their falsity.
79. 450 North relied on Indiana on Taps misrepresentations in entering into the Oral
Contract with Indiana on Tap under which Indiana on Tap performed services for the 2016 Corn
Maze Beer Fest. 450 North also relied on Indiana on Taps March 2, 2017 representations that it
had legally disassociated itself from the Corn Maze Beer Fest, continuing to take steps to plan
the 2017 festival without anticipating that it would face a competing festival, with exactly the
same name, being advertised on a website that had originally been created for 450 North and
would be associated by customers with 450 North, and using a logo and other promotional
materials that had originally been developed for 450 North and had been altered only slightly.
80. 450 North would not have entered into a business relationship with Indiana on
Tap had it known of the falsity of Indiana on Taps representations as to the nature of the
services it performed on 450 Norths behalf.
81. 450 North has suffered harm as a direct result of Indiana on Taps
misrepresentations and its reliance on those misrepresentations. 450 Norths goodwill in the
CORN MAZE BEER FEST trademark and the Logo has been damaged by the existence of a
copycat event with the same name and by the customer confusion engendered by Indiana on
Taps continued use of the URL and social media profile created forand associated by the
public and business partners with450 Norths festival.
trial.
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COUNT VII
(Tortious Interference with Economic Advantage)
herein.
84. In connection with the Corn Maze Beer Fest, 450 North has business relationships
with a number of breweries who participated in the 2016 Corn Maze Beer Fest and with whom
450 North intended to partner in connection with the 2017 Corn Maze Beer Fest and future
events.
85. Indiana on Tap knows of those business relationships. Its performance of
contractual services in organizing the 2016 Corn Maze Beer Fest gave it access to the list of 450
Norths brewery partners for the event.
86. Indiana on Tap intentionally interfered with 450 Norths business relationships
when it sent them a misleading and unauthorized invitation to the 2017 Corn Maze Beer Fest.
Indiana on Tap acknowledged having sent these invitations in a March 7, 2017 email to 450
North.
87. Indiana on Tap has interfered, and is interfering, with 450 Norths business
relationships by displaying confusing information and infringing content on Indiana on Taps
www.cornmazebeerfest.com website, Twitter handle and account, and other promotional
materials.
88. Indiana on Tap lacks any justification for these acts of interference. There was no
legitimate business purpose for Indiana on Taps actions, and Indiana on Tap acted intentionally
and maliciously, aiming its conduct willfully toward the harm of 450 Norths business interests.
89. 450 North has suffered, and is continuing to suffer, monetary damages as a result
of Indiana on Taps interference in its business relationships, in an amount to be proved at trial.
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PRAYER FOR RELIEF
WHEREFORE, Plaintiff 450 North respectfully requests that judgment be entered in its
favor and prays:
A. That this Court preliminarily and permanently enjoin Indiana on Tap and each of
its affiliates, associates, agents, servants and employees, and all others acting in concert with
Indiana on Tap, from directly, indirectly, contributorily, or vicariously infringing 450 Norths
trademark in the term CORN MAZE BEER FEST and the accompanying logo, from any and all
use of the term CORN MAZE BEER FEST and the accompanying logo by Indiana on Tap, or
engaging in other conduct that in any way represents or implies that Indiana on Taps events or
products are in any way associated with 450 North, and from otherwise engaging in unfair
competition or deception;
B. As a specific form of preliminary and permanent injunctive relief, that this Court
order Indiana on Tap to immediately cease its use of the website with URL
www.cornmazebeerfest.com;
C. That this Court order Indiana on Tap to pay to 450 North such damages as 450
North has sustained by reason of Indiana on Taps false designation of origin, unfair competition,
deception, fraud, conversion, theft, tortious interference with economic advantage, and other
wrongful conduct;
D. That this Court order Indiana on Tap to account for and to pay 450 North all
profits derived by Indiana on Tap by reason of the acts complained of herein;
E. That this Court treble all profits and damages owing to 450 North due to (i)
Indiana on Taps false designation of origin pursuant to 15 U.S.C. 1125(a), and (ii) Indiana on
Taps deception, fraud, conversion and theft;
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F. That this Court order Indiana on Tap to pay 450 North its reasonable attorneys
fees and costs pursuant to 15 U.S.C. 1125(a) and Indiana Code 35-24-3-1; and
G. That this Court award 450 North such other further relief as this Court deems just.
DEMAND FOR JURY TRIAL
450 North respectfully requests a trial by jury on all issues raised by this Complaint.
Dated: July 27, 2017 Respectfully submitted,
/s/ Louis T. Perry

Louis T. Perry (#25736-49)
louis.perry@faegrebd.com
Amie Peele Carter (#19523-29)
amie.peelecarter@faegrebd.com
FAEGRE BAKER DANIELS LLP

300 North Meridian St., Suite 2700
Indianapolis, IN 46204
Phone: (317) 237-0300
Fax: (317) 237-0000
Attorneys for Plaintiff, Brix Haus Brewing Inc.

d/b/a 450 North Brewing Co.
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Case 1:17-cv-02529-JMS-MPB Document 1 Filed 07/27/17 Page 1 of 20 PageID #: 1

UNITED STATES DISTRICT COURT

BRIX HAUS BREWING INC., d/b/a )

COMPLAINT AND JURY DEMAND

NATURE OF THE ACTION

3. Defendant Indiana on Tap, LLC (Indiana on Tap) is an Indiana limited liability

company with its principal place of business in Fishers, Indiana.

JURISDICTION AND VENUE

United States Constitution.

8. Venue is proper in this District under 28 U.S.C. 1391(b)(1) and 1391(c)(2)

ALLEGATIONS RELEVANT TO ALL COUNTS

event would become an annual one.

craft beer events in Indiana.

Tap was receptive to the idea.

breweries, inviting them to participate in the Corn Maze Beer Fest.

The Unsigned Agreement is attached hereto as Exhibit A.

including a ticketing website;

b. It would provide 450 North the as-needed assistance of a graphic designer;

unique hashtag; and

including press releases, newspaper ads, radio sponsorships, and printed

Corn Maze Beer Fest.

to legally disassociate [itself] from the event all together [sic].

www.cornmazebeerfest.com website, the Twitter handle and account, and others.

threaten to cancel the 2017 Corn Maze Beer Fest.

future annual festivals in succeeding years, without Indiana on Taps participation.

B. Indiana on Taps Wrongful Conduct

MAZE BEER FEST and the accompanying logo.

25. Indiana on Tap has engagedand continues to engagein conduct that is

disassociate itself from the event.

FEST trademark and/or logo.

2016 Corn Maze Beer Fest.

2017 Corn Maze Beer Fest was sold out.

33. Indiana on Tap continues to operate the website www.cornmazebeerfest.com. The

Norths 2017 Corn Maze Beer Fest.

users to its own websitewww.indianaontap.com. An excerpt of the HTML code from

www.cornmazebeerfest.com illustrates this:

appears on the www.cornmazebeerfest.com website, which is otherwise unchanged, is

reproduced below with Indiana on Taps own logo encircled:

with 450 North.

trademark and logo in connection with Indiana on Taps www.cornmazebeerfest.com website,

evidencing confusion are attached hereto as Exhibit B.

logo in connection with Indiana on Taps www.cornmazebeerfest.com website, Twitter handle

North is entitled to a monetary recovery in an amount to be proven at trial.

and logo in connection with Indiana on Taps www.cornmazebeerfest.com website, Twitter

BEER FEST trademark and logo in connection with Indiana on Taps

www.cornmazebeerfest.com website, Twitter handle and account, and other promotional

logo in connection with Indiana on Taps www.cornmazebeerfest.com website, Twitter handle

that are ongoing.

53. By engaging in the unlawful, knowing, intentional, deliberate, willful, and

public an advertisement by means of its website, knowing that advertisement to be misleading or

unrelated GnawBrew event, thereby advancing its own business interests.

35-43-5-3(a)(6) and 35-43-5-3(a)(9).

actions that are ongoing.

the action, and reasonable attorneys fees.

62. By engaging in the unlawful, knowing, intentional, deliberate, willful, and

CORN MAZE BEER FEST trademark and logo.

the action, and reasonable attorneys fees.

associated with the same.

69. By engaging in the unlawful, knowing, intentional, deliberate, willful, and

FEST trademark and logo and the accompanying goodwill.

CORN MAZE BEER FEST trademark and logo.

the action, and reasonable attorneys fees.

associated with the same.

continue to suffer, monetary damages in an amount to be proven at trial.