IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS CATANIA-SPAGNA CORPORATION, Plaintiff, v.

SUPREME OIL COMPANY, INC. d/b/a ADMIRATION FOODS, Defendant. Civil Action No. __________

COMPLAINT AND JURY DEMAND Catania-Spagna Corporation (Catania or Plaintiff) brings this civil action against Supreme Oil Company, Inc. d/b/a Admiration Foods (Admiration or Defendant). THE PARTIES 1. Plaintiff Catania is a Massachusetts corporation having its principal place of

business at 1 Nemco Way, Ayer, MA, 01432. 2. On information and belief, Defendant Admiration is a Delaware corporation with

its principal place of business at 80 South Dean Street, Englewood, NJ 07631. NATURE OF ACTION, JURISDICTION AND VENUE 3. This is an action for trademark infringement, unfair competition and false

designation of origin arising under the Lanham Act, 15 U.S.C. 1051, et seq. and common law. 4. and 1338. This Court has jurisdiction pursuant to 15 U.S.C. 1121 and 28 U.S.C. 1331

5.

Jurisdiction is also proper under 28 U.S.C. 1332 because Catania is a

Massachusetts corporation, Admiration is headquartered in New Jersey and incorporated in Delaware, and greater than $75,000 is believed to be in controversy. 6. 7. 8. 9. Admirations goods are sold in Massachusetts. Admirations edible oils are sold in Massachusetts. Admirations edible oils bearing the SUPREME mark are sold in Massachusetts. Admiration purposefully directs the marketing and sale of its edible oils bearing

the SUPREME mark to Massachusetts. 10. 11. This Court has personal jurisdiction over Admiration. Venue is proper in this District pursuant to 28 U.S.C. 1391. PLAINTIFF AND ITS RIGHTS IN THE SUPREME TRADEMARK 12. 13. oil. 14. Catania distributes its edible oils through many channels, including, retail, food Catania has been serving the food industry in the United States for over 100 years. Catania sells edible oils, including olive oil, blended oil, vegetable oil, and frying

service, bulk, specialty, private label, and export channels. 15. 16. 17. 18. Catania is a family-owned and operated company. Catania has a reputation for selling high quality products. Catania adopted the SUPREME trademark in 1975. Since 1975, Catania has produced, marketed, and distributed edible oil under the

SUPREME mark throughout the United States. 19. Catania has sold substantial quantities of edible oil under the SUPREME mark.

-2-

20.

Catanias sales of edible oil under the SUPREME mark are an important

component of its business. 21. Catania filed an application for a United States federal trademark registration for

the mark SUPREME on April 10, 1975. 22. Catanias application matured into a Registration on the Principal Register of the

United States Patent and Trademark Office on June 1, 1976 under Registration No. 1,040,682. 23. 24. 25. 26. The goods listed in Catanias SUPREME trademark registration are olive oils. Catanias registration is valid. Catanias registration is incontestable under 15 U.S.C. 1065. Pages from the United States Patent and Trademark Office website reflecting

Catanias SUPREME trademark registration and its current status are attached as Exhibit 1. 27. By virtue of Catanias longstanding use and sales under the mark SUPREME, that

mark has become well-known, and is recognized by the public as being associated with Catania. 28. The products sold by Catania under the SUPREME mark have acquired goodwill

and a reputation for quality. DEFENDANTS UNAUTHORIZED USE OF A CONFUSINGLY SIMILAR MARK 29. 30. 31. 32. Admiration sells edible oils. Admiration is a d/b/a. Admirations full corporate name is Supreme Oil Company, Inc. Admiration includes the phrase Supreme Oil Company on the packaging of

edible oils that it sells. 33. 34. Supreme Oil Company is a corporate name Supreme Oil Company is not a trademark.

-3-

35.

Prior to 2010, Admiration never used the word Supreme alone (i.e., outside the

phrase Supreme Oil Company) on its edible oil products. 36. 37. Prior to 2010, Admiration never used SUPREME as a trademark. In or about 2010, Admiration deceptively transformed its use of Supreme Oil

Company as a company name into an unauthorized use of SUPREME as a trademark on edible oils. 38. SUPREME. 39. The mark SUPREME under which Admiration sells and markets edible oils is In 2010, Admiration began marketing and selling edible oils under the mark

identical to Catanias registered SUPREME mark. 40. Admiration did not have and does not have Catanias authorization to sell edible

oils under the mark SUPREME. 41. On information and belief, Admirations deceptive transition to using SUPREME

as a trademark on edible oils was intended to wrongfully capitalize on the goodwill acquired by Catania in the SUPREME mark over the many years that Catania has used the SUPREME mark on its edible oils. 42. 43. Admiration continues to market and sell edible oils under the mark SUPREME. On August 13, 2010, Admiration filed U.S. Trademark Application Serial No.

85/107,350 for the following stylized logo for edible oils (the 350 Application):

-4-

44.

Admirations filing of the 350 Application is part of Admirations continuing

deceptive efforts to capitalize on the goodwill that Catania has built in connection with the SUPREME mark for edible oils. 45. 46. 47. On May 31, 2011, the 350 Application was published for opposition. Catania is entitled to and will oppose the 350 Application. Catania placed Admiration on actual notice of the similarity and likelihood of

confusion between Catanias SUPREME mark and Admirations SUPREME mark in a letter dated December 2, 2010. 48. Prior to December 2, 2010, Admiration had constructive notice of Catanias

ownership of the SUPREME Mark by virtue of 15 U.S.C. 1072. 49. Admirations wrongful actions were and are willful and made with knowledge of

Catanias ownership and registration of the SUPREME Mark. COUNT I (Trademark Infringement Under 15 U.S.C. 1114 and Common Law) 50. 51. law. The allegations of the paragraphs above are incorporated by reference. Catania is the rightful owner of the mark SUPREME on edible oils at common

-5-

52.

Catania is the owner of United States trademark Registration No. 1,040,682 for

the mark SUPREME on olive oil. 53. 54. Olive oil is a type of edible oil. Without authorization from Catania, Admiration has used and continues to use the

mark SUPREME in connection with edible oil. 55. Admiration has infringed Catanias SUPREME mark by using a mark that is

likely to cause confusion, mistake and/or deception as to source, sponsorship or affiliation. 56. Admirations use of the SUPREME mark is knowing and willful and with the

intent to trade off the goodwill established by Catania in its SUPREME mark. 57. Unless enjoined by the Court, Admirations infringement will continue and will

cause Catania to suffer irreparable harm to its business, reputation and goodwill for which there is no adequate remedy at law. 58. Catania is entitled to damages for Admirations infringement, in an amount to be

determined at trial. 59. infringement. COUNT II (Unfair Competition and False Designation of Origin Under 15 U.S.C. 1125(a)) 60. 61. The allegations of the paragraphs above are incorporated by reference. Catanias SUPREME mark, as used in connection with edible oil including olive Catania is entitled to injunctive relief stopping Admirations trademark

oil, is known for quality. 62. Catanias SUPREME mark, as used in connection with edible oil including olive

oil, has become associated with Catania through continuous, extensive and widespread use.

-6-

63.

Admiration sells edible oils under the mark SUPREME to the same class of

customers who purchase edible oils from Catania under the mark SUPREME. 64. Admirations use of a confusingly similar mark is likely to cause confusion,

mistake or deception as to affiliation, connection or association between Admiration and Catania. 65. Admirations wrongful actions have been willful, malicious, and fraudulent with

knowledge of the likelihood of confusion and with an intent to confuse or deceive. 66. Unless enjoined by the Court, Admirations wrongful actions will continue and

will cause Catania to suffer irreparable harm to its business, reputation and goodwill for which there is no adequate remedy at law. 67. Catania is entitled to damages for Admirations wrongful actions, in an amount to

be determined at trial. 68. Catania is entitled to injunctive relief stopping Admirations wrongful actions. COUNT III (Common Law Unfair Competition) 69. 70. The allegations of the paragraphs above are incorporated by reference. In addition to its rights under the Lanham Act, Catania has valid common law

rights in the SUPREME mark in connection with edible oils. 71. By the conduct described above, Admiration has engaged in unfair competition

under federal common law and the common law of the Commonwealth of Massachusetts. 72. Admiration knew, or in the exercise of reasonable care, should have known, that

its conduct was likely to mislead the public. 73. Admirations wrongful actions have been willful, malicious, and fraudulent with

knowledge of the likelihood of confusion and with an intent to confuse or deceive.

-7-

74.

Unless enjoined by the Court, Admirations wrongful actions will continue and

will cause Catania to suffer irreparable harm to its business, reputation and goodwill for which there is no adequate remedy at law. 75. Catania is entitled to damages for Admirations wrongful actions, in an amount to

be determined at trial. 76. Catania is entitled to injunctive relief stopping Admirations wrongful actions. RELIEF REQUESTED Catania requests that this Court: A. of this action; B. Complaint; C. Enter judgment that Catanias rights in the SUPREME mark under the Lanham Enter judgment for Catania and against Admiration on each Count of this Enter judgment that the Court has jurisdiction over the parties and subject matter

Act and at common law are valid; D. Enter judgment that Admiration has infringed Catanias rights in the SUPREME

mark, and has committed acts of false designation of origin and unfair competition; E. willful; F. Enjoin Admiration, as well as all its agents, representatives, employees, assigns Enter judgment that Admirations wrongful conduct has been knowing and

and all persons acting in concert or privity with them, preliminarily and permanently, from maintaining, using, disseminating, reproducing, promoting, distributing or otherwise using the mark SUPREME, or any mark confusingly similar thereto;

-8-

G.

Order that Admiration deliver up all materials bearing the infringing SUPREME

mark, or any mark confusingly similar thereto; H. Order that Admiration shall file and serve, within thirty days, a report in writing

and under oath, setting forth the manner in which it has complied with the Courts order and injunction; I. Award damages to Catania, including Admirations profits, compensatory

damages, and the costs of this action, including attorneys fees; J. K. proper. JURY DEMAND Catania demands a trial by jury of all issues so triable Award Catania treble damages; and Award Catania such other and further relief as this Court may deem just and

-9-

CATANIA-SPAGNA CORPORATION By its Attorneys,

Dated: June 1, 2011

/s/ Michael N. Rader Michael N. Rader (BBO #646990) mrader@wolfgreenfield.com David Wolf (BBO #532160) dwolf@wolfgrenfield.com John L. Strand (BBO #654985) jstrand@wolfgreenfield.com WOLF, GREENFIELD & SACKS, P.C. 600 Atlantic Avenue Boston, Massachusetts 02210 Tel. 617.646.8000 Fax 617.646.8646

- 10 -