Professional Documents
Culture Documents
Comes now Plaintiff, Choice Hotels International, Inc., by counsel, and submits
its Complaint against Defendant, American Hospitality Solution, LLC, and, in support
I. PARTIES
corporation, conducting business in the State of Indiana, and having a principal place of
AHS regularly conducts business and/or at relevant times conducted business in the
3. This Court has federal question jurisdiction over this case pursuant to 28
U.S.C. 1331.
4. This Court has original jurisdiction over the Lanham Act claims in this
1338(b) because this civil action asserts a claim for unfair competition joined with a
6. This Court has supplemental jurisdiction over the state and common law
claims in this action pursuant to 28 U.S.C. 1367(a) because those claims are so related
to the Lanham Act claims as to form a part of the same case or controversy under
7. AHS has sufficient contacts with the State and District such that the
Courts exercise of personal jurisdiction over it comports with traditional notions of fair
10. Choice Hotels can trace its roots to the 1930s when it was compromised of
a small chain of roadside hotels. Since that time, Choice Hotels has become one of the
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12. Choice Hotels offer high value, mid-price, hotel and motel services under
13. Choice Hotels and/or its predecessor in interest has been offering lodging
15. Choice Hotels is the owner of United States Registered Trademark No.
1,788,677 (the 677 Registration) for the mark COMFORT, for use in connection with
hotel and motel services, and hotel and motel reservation services. A true and accurate
incorporated herein by this reference. The 677 Registration has become incontestable
16. Choice Hotels is the owner of United States Registered Trademark No.
3,050,364 (the 364 Registration) for the mark COMFORT + Wave Design for use in
connection with hotel and motel services, hotel and motel reservation services for
others, and online hotel and motel reservation services for others. A true and accurate
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incorporated herein by this reference. The 364 Registration has become incontestable
17. Choice Hotels is the owner of United States Registered Trademark No.
3,050,881 (the 881 Registration) for the mark COMFORT HOTEL for use in
connection with hotel and motel reservation services for others, and online hotel and
motel reservation services for others. A true and accurate copy of the Certificate of
this reference. The 881 Registration has become incontestable under Section 15 of the
18. Choice Hotels is the owner of United States Registered Trademark No.
1,712,481 (the 481 Registration) for the mark COMFORT HOTEL for use in
connection with hotel and motel services. A true and accurate copy of the Certificate of
this reference. The 481 Registration has become incontestable under Section 15 of the
19. Choice Hotels is the owner of United States Registered Trademark No.
3,050,880 (the 880 Registration) for the mark COMFORT HOTEL & SUITES for use in
connection with the provision of hotel and motel services, hotel and motel reservation
services for others, and online hotel and motel reservation services for others. A true
and accurate copy of the Certificate of Registration is attached hereto and marked as
Exhibit 5, and incorporated herein by this reference. The 880 Registration has
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20. Choice Hotels is the owner of United States Registered Trademark No.
3,231,180 (the 1180 Registration) for the mark COMFORT HOTEL & SUITES + Wave
Design for use in connection with hotel and motel services, hotel and motel reservation
services for others, and online hotel and motel reservation services for others. A true
and accurate copy of the Certificate of Registration is attached hereto and marked as
Exhibit 6, and incorporated herein by this reference. The 1180 Registration has
21. Choice Hotels is the owner of United States Registered Trademark No.
3,050,860 (the 860 Registration) for the mark COMFORT HOTEL + Wave Design for
use in connection with hotel and motel services, hotel and motel reservation services for
others, and online hotel and motel reservation services for others. A true and accurate
copy of the Certificate of Registration is attached hereto and marked as Exhibit 7, and
incorporated herein by this reference. The 860 Registration has become incontestable
22. Choice Hotels is the owner of United States Registered Trademark No.
1,315,180 (the 5180 Registration) for the mark COMFORT INN for use in connection
with hotel and motel services. A true and accurate copy of the Certificate of
this reference. The 5180 Registration has become incontestable under Section 15 of the
23. Choice Hotels is the owner of United States Registered Trademark No.
3,050,882 (the 882 Registration) for the mark COMFORT INN for use in connection
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with hotel and motel reservation services for others, and online hotel and motel
reservation services for others. A true and accurate copy of the Certificate of
this reference. The 882 Registration has become incontestable under Section 15 of the
24. Choice Hotels is the owner of United States Registered Trademark No.
1,448,467 (the 467 Registration) for the mark COMFORT INN for stationery,
including letterhead, post cards, writing paper, envelopes, folders, pens, pencils, paper
coasters, paper wrappers, paper bags, paper or cardboard signs, catalogues, brochures,
and pamphlets. A true and accurate copy of the Certificate of Registration is attached
hereto and marked as Exhibit 10, and incorporated herein by this reference. The 467
Registration has become incontestable under Section 15 of the Lanham Act, 15 U.S.C.
1065.
25. Choice Hotels is the owner of United States Registered Trademark No.
2,264,702 (the 702 Registration) for the mark COMFORT INN & SUITES for use in
connection with hotel and motel, and online hotel and motel, reservation services. A
true and accurate copy of the Certificate of Registration is attached hereto and marked
as Exhibit 11, and incorporated herein by this reference. The 702 Registration has
26. Choice Hotels is the owner of United States Registered Trademark No.
3,050,883 (the 883 Registration) for the mark COMFORT INN & SUITES for use in
connection with hotel and motel services. A true and accurate copy of the Certificate of
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Registration is attached hereto and marked as Exhibit 12, and incorporated herein by
this reference. The 883 Registration has become incontestable under Section 15 of the
27. Choice Hotels is the owner of United States Registered Trademark No.
3,050,868 (the 868 Registration) for the mark COMFORT INN & SUITES + Wave
Design for use in connection with hotel and motel services, hotel and motel reservation
services for others, and online hotel and motel reservation services for others. A true
and accurate copy of the Certificate of Registration is attached hereto and marked as
Exhibit 13, and incorporated herein by this reference. The 868 Registration has
28. Choice Hotels is the owner of United States Registered Trademark No.
3,050,363 (the 363 Registration) for the mark COMFORT INN & Wave Design for use
in connection with hotel and motel services, hotel and motel reservation services for
others, and online hotel and motel reservation services for others. A true and accurate
copy of the Certificate of Registration is attached hereto and marked as Exhibit 14,
and incorporated herein by this reference. The 363 Registration has become
29. Choice Hotels is the owner of United States Registered Trademark No.
3,050,866 (the 866 Registration) for the mark COMFORT INN & Wave Design (color)
for use in connection with hotel and motel services, hotel and motel reservation services
for others, and online hotel and motel reservation services for others. A true and
accurate copy of the Certificate of Registration is attached hereto and marked as Exhibit
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15, and incorporated herein by this reference. The 363 Registration has become
30. Choice Hotels is the owner of United States Registered Trademark No.
3,050,877 (the 877 Registration) for the mark COMFORT RESORT for use in
connection with hotel and motel services, hotel and motel reservation services for
others, and online hotel and motel reservation services for others. A true and accurate
copy of the Certificate of Registration is attached hereto and marked as Exhibit 16,
and incorporated herein by this reference. The 877 Registration has become
31. Choice Hotels is the owner of United States Registered Trademark No.
3,231,176 (the 176 Registration) for the mark COMFORT RESORT & Wave Design for
use in connection with hotel and motel services, hotel and motel reservation services for
others, and online hotel and motel reservation services for others. A true and accurate
copy of the Certificate of Registration is attached hereto and marked as Exhibit 17,
and incorporated herein by this reference. The 176 Registration has become
32. Choice Hotels is the owner of United States Registered Trademark No.
4,279,333 (the 333 Registration) for the mark COMFORT SUITES for use in
connection with hotel and motel services, hotel and motel reservation services for
others, and online hotel and motel reservation services for others. A true and accurate
copy of the Certificate of Registration is attached hereto and marked as Exhibit 18,
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and incorporated herein by this reference. The 333 Registration has become
33. Choice Hotels is the owner of United States Registered Trademark No.
1,712,482 (the 482 Registration) for the mark COMFORT INN SUITES for use in
connection with hotel and motel services. A true and accurate copy of the Certificate of
Registration is attached hereto and marked as Exhibit 19, and incorporated herein by
this reference. The 482 Registration has become incontestable under Section 15 of the
34. Choice Hotels is the owner of United States Registered Trademark No.
3,164,021 (the 021 Registration) for the mark COMFORT SUNSHINE for use in
guests. A true and accurate copy of the Certificate of Registration is attached hereto
and marked as Exhibit 20, and incorporated herein by this reference. The 021
Registration has become incontestable under Section 15 of the Lanham Act, 15 U.S.C.
1065.
35. Choice Hotels is the owner of United States Registered Trademark No.
2,665,525 (the 525 Registration) for the mark CS COMFORT SUITES + Design for use
in connection with hotel and motel services. A true and accurate copy of the Certificate
of Registration is attached hereto and marked as Exhibit 21, and incorporated herein
by this reference. The 525 Registration has become incontestable under Section 15 of
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36. Choice Hotels is the owner of United States Registered Trademark No.
3,449,308 (the 308 Registration) for the mark CS COMFORT SUITES + Design (color)
for use in connection with hotel and motel services, hotel and motel reservation services
for others, and online hotel and motel reservation services for others. A true and
accurate copy of the Certificate of Registration is attached hereto and marked as Exhibit
22, and incorporated herein by this reference. The 308 Registration has become
37. Choice Hotels is the owner of United States Registered Trademark No.
3,050,867 (the 867 Registration) for the mark Design Wave Comfort (color) for use in
connection with hotel and motel services, hotel and motel reservation services for
others, and online hotel and motel reservation services for others. A true and accurate
copy of the Certificate of Registration is attached hereto and marked as Exhibit 23,
and incorporated herein by this reference. The 867 Registration has become
38. Since the inception of their use, the trademarks described above in
have been used by Choice Hotels, its predecessors, and franchisees, only in connection
with the provision of the highest value hotel and motel services. Each of the
COMFORT family of marks is famous and highly distinctive and is recognized by the
39. Choice Hotels has used the COMFORT family of marks throughout the
United States and has heavily advertised and promoted them. These marks have
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developed and represent valuable, substantial and exclusive goodwill and reputation
inuring to Choice Hotels benefit. Choice Hotels has always exercised great care, skill
and diligence in maintaining uniform standards of high quality for its goods and
services bearing the COMFORT family of marks. The reputation associated with and
the goodwill developed in the COMFORT family of marks in the United States is of
40. Each registration identified above in paragraphs 15 through 37, i.e. the
41. Choice Hotels has not authorized AHS to use Choice Hotels COMFORT
family of marks in connection with Defendants provision of hotel and motel services.
42. Choice Hotels has not signed a franchise agreement with AHS.
43. Choice Hotels has not agreed to allow AHS to operate a hotel or motel
44. AHS owns and operates a hotel or motel at 7610 E. Old Trails Road,
Indianapolis, Indiana 46219 (the Subject Property), where AHS provides hotel and
45. AHS registered and uses the domain name <comfortstayinn.com>, which
redirects to a website that advertises and promotes Defendants hotel or motel services
in direct competition with those offered by Choice Hotels COMFORT franchised hotel
properties.
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buildings at the Subject Property. Photographs taken of the Subject Property on June 19,
47. On March 9, 2017, Choice Hotels sent a letter to AHS notifying AHS that it
was infringing on Choice Hotels COMFORT family of marks. A copy of that letter is
attached hereto and marked as Exhibit 25. In the March 9 letter, Choice Hotels
demanded that AHS immediately cease and desist using the COMFORT family of
marks and to notify Choice Hotels of AHSs compliance with the demand by March 23,
2017.
48. On March 27, 2017, Choice Hotels sent a second letter to AHS, enclosing a
copy of the March 9, 2017, letter, and demanding that AHS respond by March 31, 2017.
A copy of the March 27 letter is attached hereto and marked as Exhibit 26.
49. On June 15, 2017, Choice Hotels sent a letter to AHS enclosing copies of
the March 9 and March 27 cease and desist letters. A copy of the June 15 letter is
attached hereto and marked as Exhibit 27. In the June 15 letter, Choice Hotels
demanded that AHS provide to Choice Hotels, by June 29, 2017, written and
photographic evidence that the COMFORT family of marks were no longer in use at the
Subject Property.
50. AHS did not comply with Choice Hotels requests on or before June 29,
51. AHS has willfully and with full knowledge that it does not have any
license, right, or privilege to do so, used and continues to use one or more of the
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COMFORT family of marks in connection with the provision of hotel and motel services
52. The continued use of one or more of the COMFORT family of marks in
connection with the provision of hotel and motel services by AHS has irreparably
damaged, and will continue to irreparably damage, the value and valuable goodwill
54. Choice Hotels is the owner of the COMFORT family of marks, which it
uses in connection with the provision of hotel and motel services. Included in that
family of marks are at least the following United States Trademark Registrations: the
482 Registration, 021 Registration, 525 Registration, 308 Registration, and the 867
Registration.
55. Despite receiving notice of its unauthorized use of the COMFORT family
of marks, AHS continued to use, and continues to use, one or more of the COMFORT
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family of marks in connection with the provision of hotel and motel services at the
Subject Property.
56. AHS had actual knowledge of the COMFORT family of marks owned by
Choice Hotels, and without the consent of Choice Hotels, knowingly, willfully,
hotel and motel services, marks which are likely to cause confusion, mistake or
57. The acts of AHS described herein constitute infringement of one or more
58. As a direct and proximate result of the herein described infringing acts of
59. Choice Hotels is entitled to recover its damages, the profits of AHS, and
60. Unless restrained and enjoined by the Court, the acts of AHS described
herein will continue to cause serious irreparable injury to Choice Hotels and to the
61. Choice Hotels has no adequate remedy at law for such injuries, and
62. The acts of AHS as described herein have been knowing, intentional,
wanton, willful, malicious and oppressive, and thus warrant being designated as
exceptional under 15 U.S.C. 1117 and the imposition of treble damages and an award
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64. AHS had knowledge of the COMFORT family of marks owned by Choice
Hotels and, without the consent of Choice Hotels, knowingly, willfully, intentionally
and deliberately used in commerce, in connection with the provision of hotel and motel
services, marks which are likely to cause confusion, mistake or deception in violation of
65. AHS used, and continues to use, one or more of the marks in the
COMFORT family of marks in commerce, in connection with the provision of hotel and
motel services.
Choice Hotels and AHS, or as to the source, origin, sponsorship or approval of the
67. As a direct and proximate result of AHSs acts, as described herein, Choice
68. Choice Hotels is entitled to recover its damages, the profits of AHS and
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69. Unless restrained and enjoined by the Court, the acts of AHS, as described
herein, will continue to cause serious irreparable injury to Choice Hotels and the
70. Choice Hotels has no adequate remedy at law for such injuries, and
71. The acts of AHS, as described herein, have been knowing, intentional,
willful, wanton, malicious and oppressive, and thus warrant this case being designated
as exceptional. Under 15 U.S.C. 1117, the imposition of treble damages and an award
appropriate.
73. AHS has and continues to use, reproduce, and assist in the use of the
connection with the provision of hotel and motel services, which is likely to create
74. The activities of AHS, as described herein, are unfair acts of infringement
of registered trademarks that have damaged the legitimate business of Choice Hotels;
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therefore, those activities are in violation of laws in the State of Indiana, including but
75. The conduct of AHS as described herein has been knowing, intentional,
76. The conduct of AHS as described has injured Choice Hotels in an amount
Choice Hotels for which there is no adequate remedy at law. Absent relief from the
77. Choice Hotels is also entitled to recover its damages, the profits of AHS,
79. AHS used, and continues to use, Choice Hotels mark or marks in
connection with the provision of hotel and motel services, which is likely to create
consumer confusion in the marketplace; passed off its goods and services as those of
another; used the mark or marks in commerce in such a way as to cause likelihood of
of goods and services; used a mark or marks in commerce that cause the likelihood of
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certification by another; and represented that its services have sponsorship, approval,
under the laws of the State of Indiana as unlawful business acts or practices, as well as
82. The activities of AHS as described herein were undertaken with full
knowledge of Choice Hotels rights to the COMFORT family of marks, and with
fraudulent, malicious and oppressive intent, and therefore constitute fraud, and
83. The unfair, unlawful, and fraudulent activities of AHS as described herein
have caused actual injury to Choice Hotels, and will continue to do so, as set forth
84. In addition, the unfair, unlawful, and fraudulent activities of AHS have
caused, and threaten to cause, irreparable injuries to Choice Hotels for which there is no
adequate remedy at law. Choice Hotels will continue to be so damaged in the absence
85. As a result of AHSs activities described herein, AHS has been, and will
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86. AHS has willfully engaged in the foregoing trade practices, knowing them
WHEREFORE, Choice Hotels requests this Court enter judgment in its favor, and
(a) That AHS has infringed, contributorily infringed and/or induced the
infringement of one or more of the marks in the COMFORT family of marks, including
but not limited to, the marks appearing in the 677 Registration, 364 Registration, 881
Registration, 308 Registration, and the 867 Registration, and any marks confusingly
attorneys, and all those in active concert or participation with AHS, be preliminarily,
permanently, and forever enjoined from using any of the marks in the COMFORT
family of marks, including but not limited to the 677 Registration, 364 Registration,
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525 Registration, 308 Registration, and the 867 Registration; and any marks
trademark infringement, and the trebling of such damages under trademark laws
because of the knowing, intentional, willful and wanton nature of Defendants conduct;
(d) That Choice Hotels be awarded judgment for the damages against Choice
Hotels resulting from AHSs violation of Section 32 of the Lanham Act, 15 U.S.C. 1114
(1) all profits received by AHS from sales and revenues of any kind as
(3) the trebling and increase of the damages described above, to three
(4) in light of the deliberate and willful actions of the Defendant, the
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amount to be determined at trial, against Defendant for its violation of the above-listed
Indiana State laws, including, but not limited to, the unfair competition statute, Ind.
Code 27-4-1-1 et seq. and the Indiana Trademark Act, Ind. Code 24-2-1-1 et seq.;
(f) That Choice Hotels be awarded its attorneys fees, costs, and expenses of
this suit;
(g) That Choice Hotels be awarded punitive damages against Defendant for
(h) That this Court award Choice Hotels any other just and proper relief in
the premises.
Respectfully submitted,
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Comes now Plaintiff, Choice Hotels International, Inc., by counsel, and pursuant
to Rule 38(b) of the Federal Rules of Civil Procedure, hereby demands a trial by jury as
Respectfully submitted,
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