USA Football Complaint

Case 1:23-cv-00274-TWP-KMB Document 1 Filed 02/13/23 Page 1 of 19 PageID #: 1
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
USA FOOTBALL, INC., )

)
Plaintiff, )
)
v. ) CASE NO. 1:23-cv-0027
)
FLAG FOOTBALL WORLD ) JURY DEMAND
CHAMPIONSHIP TOUR, LLC; )
)
USA FLAG, LLC; )
)
and )
)
TRAVIS BURNETT, )
)
Defendants. )
COMPLAINT
Plaintiff USA Football, Inc. (“Plaintiff” or "USA Football"), for its complaint against
Defendants Flag Football World Championship Tour, LLC (“FFWCT”), USA FLAG, LLC (“USA
FLAG”, and together with FFWCT, the “Corporate Defendants”) and Travis Burnett (“Mr.
Burnett”, and together with the “Corporate Defendants”, the “Defendants"), alleges as follows:
NATURE OF THE ACTION
1. 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 the statutes and
common law of the State of Indiana.
JURISDICTION AND VENUE
2. This Court has subject-matter jurisdiction over this matter pursuant to 28 U.S.C.
§ 1331, 28 U.S.C. § 1338, and 28 U.S.C. § 1367. Plaintiff’s federal claims are predicated on 15
U.S.C. § 1114 and 15 U.S.C. § 1125(a), and its claims arising under the laws of the State of Indiana
are substantially related to its federal claims such that they form part of the same case or controversy
under Article III of the United States Constitution.
2. This Court has personal jurisdiction over Defendants because Defendants have
expressly aimed tortious activities toward the State of Indiana and established sufficient minimum
contacts with Indiana by, among other things, regularly doing and soliciting business in Indiana using
trademarks confusingly similar to those used by USA Football with the knowledge that USA
Football’s headquarters are located in Indiana and that USA Football is harmed in Indiana as a result
of Defendants’ solicitations of Indiana residents and businesses. Defendants know that USA
Football is located in Indiana because they have entered into contracts with USA Football and
received cease and desist letters informing them that USA Football is located in Indiana. USA
Football’s claims arise out of Defendants’ solicitation of Indiana residents and business in the regular
course of their business and using a trademark confusingly similar to those used by USA Football.
3. Defendants continue to engage in these activities despite being put on notice of their
wrongful conduct.
4. Venue is properly founded in this judicial district pursuant to 28 U.S.C. § 1391
because a substantial part of the events giving rise to the claims in this action occurred within the
State of Indiana.
Parties
5. USA Football is a 501(c)(3) non-profit organization organized under the laws of
Virginia, with its headquarters at 45 N. Pennsylvania Street, Suite 800, Indianapolis, Indiana 46204.
6. Upon information and belief, FFWCT is a domestic for-profit corporation duly
organized under the laws of Texas with a principal place of business at 209 Trailwood Drive, Allen,
Texas 75002-4938.
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7. Upon information and belief, USA FLAG is a domestic limited liability company
duly organized under the laws of Texas with a principal place of business at 209 Trailwood Drive,
Allen, Texas 75002-4938.
8. Upon information and belief, Mr. Burnett is a citizen of Texas with an address at 209
Trailwood Drive, Allen, Texas, 75002-4938 and is the sole member of both USA Flag and FFWCT.
FACTUAL ALLEGATIONS
USA Football and Its Intellectual Property.

9. USA Football was endowed by the National Football League ("NFL") and the
National Football League Players Association in 2002 and is a strategic partner of the NFL
Foundation. USA Football is also a Recognized Sport Organization by the United States Olympic
and Paralympic Committee. Further, USA Football is the United States member of the International
Federation of American Football (“IFAF”), which is the international governing body of gridiron
associations. IFAF grants only such membership per country.
10. USA Football hosts a multitude of football training events annually, offering
education for coaches and game officials, skill development for players, and resources for youth
football league administrators. Through its High Performance initiatives, USA Football organizes
tackle and flag football United States National Teams that compete on the international stage,
including at IFAF events.
11. USA Football operates events across all disciplines of football, including (but not
necessarily limited to) tackle football, limited contact football, and flag football, and sanctions flag
football events.
12. USA Football has continually operated these events under the name and mark USA
FOOTBALL since at least as early as December 5, 2002.
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13. USA Football owns all right, title, and interest in and to the USA FOOTBALL mark
for use in association with, among other things, sports exhibitions and events in the field of football,
as evidenced by United States Trademark Registration No. 3,182,472 (the “‘472 Registration”). The
‘472 Registration issued on December 12, 2006, and reflects a date of first use at least as early as
December 5, 2002. A copy of the registration certificate for the ‘472 Registration is attached hereto
as Exhibit A.
14. USA Football is also the owner of the additional related, registered trademarks
shown in the attached Exhibit B.
15. Copies of the registration certificates for the above-referenced marks owned by USA
Football are attached hereto at Exhibit A (the ‘472 Registration) and as Exhibit B (all of the
applications and registrations for marks listed on Exhibit B). The marks listed in Exhibits A and
B are hereafter collectively referred to as the “USA Football Marks.” The marks listed in Exhibits
A and B that are the subjects of United States Trademark Registration Nos. 3,182,472, 4,615,961,
5,172,678, and 3,241,236 are hereafter collectively referred to as the “USA Football Registered
Marks.”
16. By virtue of USA Football's extensive, continuous, and exclusive use of the USA
Football Marks in connection with, among other things, sports exhibitions and events in the field
of football (from youth onward), the USA Football Marks have come to be recognized and relied
upon by consumers as identifying such services and distinguishing such services from similar or
related services offered by others.
17. As a result of USA Football's extensive, continuous, and exclusive use of the Marks
in connection with, among other things, sports exhibitions and events in the field of football (from
youth onward), USA Football has developed substantial goodwill in the USA Football Marks.
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History of Threatened Infringement by Mr. Burnett and FFWCT
18. In 2017, Mr. Burnett approached USA Football to discuss a potential collaboration.
While negotiations did not immediately yield a partnership, Mr. Burnett expressed intention to use
the mark USA FLAG in connection with flag football events in the same commercial space as USA
Football.
19. USA Football notified Mr. Burnett at that time that it considered Mr. Burnett’s
intended use of the name and mark USA FLAG to infringe its rights in the USA Football Marks.
20. A year later, USA Football entered into a Consulting Agreement with FFWCT—an
entity controlled by Mr. Burnett—with an effective date of July 1, 2018. The agreement expired on
July 31, 2019 and was not renewed by USA Football.
21. Less than a year after the expiration of the Consulting Agreement—on April 21,
2020—Mr. Burnett filed Application Serial Number 88/880,085 (the “’085 Application”) with the
United States Patent and Trademark Office (the “USPTO”) for the mark USA FLAG for services in
International Class 41, and indicated that his date of first use of the mark occurred at least as early
as May 4, 2019. A copy of the ‘085 Application is attached hereto as Exhibit C.
22. Mr. Burnett filed the ‘085 Application as an individual, listing himself as the owner
of the USA FLAG mark.
23. Mr. Burnett’s services description in the ’085 Application is a near-verbatim copy of
USA Football’s services description for its USA FOOTBALL (and Design) mark shown in United
States Registration Number 5,172,678 (see Exhibit B) with the only difference being the addition
of the word “flag” before the word “football” as illustrated in the below chart.
USA Football’s Defendant’s

Description of Goods and Services Description of Goods and Services
Educational services, namely, conducting Educational services, namely, conducting
programs, classes, seminars, conferences, programs, classes, seminars, conferences,
workshops and exhibitions, displays, and workshops and exhibitions, displays, and
interactive exhibits on football in the field interactive exhibits on flag football in the
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of player safety, concussion awareness and field of player safety, concussion

management, coaching education, proper awareness and management, coaching
equipment fitting, and proper techniques, education, and the distribution of printed
and the distribution of printed materials in materials in connection therewith in
connection therewith in hardcopy or hardcopy or electronic format on the same
electronic format on the same topics; topics; organizing, conducting and
organizing, conducting and operating operating flag football tournaments;
football tournaments; organizing and organizing and conducting athletic
conducting athletic competitions in the competitions in the nature of flag football
nature of football games and exhibitions; games and exhibitions; Entertainment
entertainment services in the nature of eservices in the nature of flag football
football games and exhibitions; sports games and exhibitions; sports instruction
instruction services related to the game of services related to the game of flag
football; sports training, development, and football; sports training, development, and
evaluation services related to the game of evaluation services related to the game of
football flag football
24. Mr. Burnett submitted a specimen to the USPTO in connection with the ‘085
Application that indicated his USA FLAG league was “FFWCT-sanctioned” and included USA
Football’s logo—falsely suggested some affiliation between USA Football and this new league. The
specimen is pictured below along with a cropped and resized image of USA Football’s (and the
NFL’s) logo(s):
6
25. Upon information and belief, Mr. Burnett never actually used the USA FLAG mark
in 2019 or 2020.
26. USA Football sent a cease-and-desist letter to Mr. Burnett and FFWCT on June 23,
2020 and filed a notice of opposition under Opposition Proceeding No. 91267483 with the
7
Trademark Trial and Appeal Board (the “TTAB”) on September 10, 2020. A copy of USA
Football’s July 1, 2020 cease-and-desist letter is attached hereto as Exhibit D, and a copy of USA
Football’s notice of opposition is attached hereto as Exhibit E.
27. Shortly thereafter, Plaintiff attempted to resolve its differences with Mr. Burnett and
entered into an Event Collaboration Agreement with FFWCT, effective March 1, 2021. This
agreement allowed USA Football and its National Team personnel to attend and evaluate athletes
participating in FFWCT tournaments. The Event Collaboration agreement was conditioned upon
Mr. Burnett’s and FFWCT’s cessation of usage of the name and mark USA FLAG. A copy of the
Event Collaboration Agreement is attached hereto as Exhibit F.
28. Mr. Burnett elected not to respond to USA Football’s notice of opposition. The TTAB
entered a notice of default, ultimately sustained USA Football’s notice of opposition, and refused to
register the ‘085 Application. A copy of the TTAB’s decision is attached hereto as Exhibit G.
29. The Event Collaboration Agreement expired on February 28, 2022.
30. Less than two months later—on April 17, 2022—Mr. Burnett authorized yet another
application for the mark USA FLAG—this time via a new entity controlled he controlled known as
USA FLAG, LLC. The application was assigned Application Serial Number 97/367,238 (the “‘238
Application”). A copy of the ‘238 Applications is attached hereto as Exhibit H.
31. The ‘238 Application indicated that the applied-for services were “[a]rranging and
conducting of sports events; [a]rranging and conducting youth sports programs in the field of flag
football; [s]ports camp services” with a claimed date of first use in commerce at least as early as
August, 2014.
32. On September 14, 2022, Defendant FFWCT, announced its intention to rebrand its
Flag Football World Championship Tour organization as USA FLAG. A copy of this rebranding
announcement is attached hereto as Exhibit I.
8
33. The Corporate Defendants—under the control and direction of Mr. Burnett and
despite USA Football’s unwavering contentions from 2017 onward that the threatened use of the
mark USA FLAG for football related events would infringe the USA Football Marks—then began
utilizing the USA FLAG mark in conjunction with confusingly similar services to those offered by
USA Football.
Instances of Actual Confusion and this Lawsuit
34. Following FFWCT’s rebranding announcement, USA Football became aware of
multiple instances of actual confusion in the marketplace. Accordingly, USA Football had no choice
but to send another cease and desist Letter to Defendants dated September 21, 2022, demanding
cessation of the use of the mark, USA FLAG, and all related and confusingly similar trademarks. A
copy of USA Football’s September 21, 2022 letter is attached hereto as Exhibit J.
35. Counsel for Defendants responded to this letter on October 3, 2022, without
concession or adherence to any of USA Football’s requests. A copy of that response is attached
hereto as Exhibit K.
36. In the past several weeks, and following this outreach to Defendants, Defendants’
infringing use of the mark USA FLAG has only increased, as has evidence of actual consumer
confusion.
37. USA Football has received numerous messages from individual stakeholders who
have wrongly believed that USA Football and USA FLAG were the same organization or somehow
related or affiliated.
38. Worse, USA Football is also aware that employees at a venue where Defendants plan
to host an event in 2023 thought that the event was being hosted by USA Football.
39. United States trademark law requires trademark owners to monitor third-party use of
their trademarks, or risk losing their rights.
9
40. Given: (i) the law surrounding trademark ownership requiring the monitoring and
policing of infringement; (ii) the increasing instances of actual confusion based on Defendants’ uses
of the mark USA FLAG; and (iii) Defendants’ unwillingness to work with USA Football to amicably
resolve this matter, USA Football was left with no choice but to bring this action.
41. Unless enjoined by this Court, Defendants’ continued use of the mark USA FLAG
(and designations confusingly similar thereto) in connection with flag football events and related
educational offerings is likely to continue causing consumers to be confused, mistaken, or deceived
as to the affiliation, connection, or association of such efforts and activities with USA Football.
COUNT I
DIRECT TRADEMARK INFRINGEMENT AGAINST THE CORPORATE DEFENDANTS
(15 U.S.C. § 1114)
42. USA Football reincorporates and realleges the foregoing allegations as though fully
set forth herein.
43. USA Football is the owner of the USA Football Marks.
44. USA Football has registered the USA Football Registered Marks with the USPTO.
45. The USA Football Registered Marks are valid and subsisting trademarks in full force
and effect.
46. Corporate Defendants willfully and knowingly used, and continue to use, in interstate
commerce, a mark (USA FLAG) that is confusingly similar to the USA Football Registered Marks
in connection with flag football events and related educational offerings without the consent of USA
Football.
47. Corporate Defendants’ use in commerce of the mark USA FLAG infringes USA
Football’s rights because it has created and will continue to create a likelihood of confusion as to the
source of goods and service offered by Corporate Defendants.
10
48. Corporate Defendants had actual knowledge of USA Football’s prior use of the USA
Football Registered Marks when they—at the direction of Mr. Burnett—appropriated the
confusingly similar mark, USA FLAG, for their own use. Their actual knowledge was based on USA
Football’s extensive promotion and advertising containing the USA Football Registered Marks, and
by way of FFWCT’s and Mr. Burnett’s previous business interactions with USA Football.
49. Corporate Defendants have unfairly profited from the actions alleged.
50. By reason of foregoing willful and intentional actions, USA Football has suffered
damage to the goodwill associated with the USA Football Registered Marks.
51. As a proximate result of Corporate Defendants’ actions, USA Football has suffered,
and will continue to suffer immediate and irreparable harm. USA Football has also suffered, and
continues to suffer, damage to its business, goodwill, reputation, and profits in an amount to be
proven at trial.
52. USA Football is entitled to recover its damages caused by Corporate Defendants’
infringement of the USA Football Registered Marks and to disgorge Corporate Defendants’ profits
from their willfully infringing earnings and unjust enrichment.
53. USA Football is entitled to injunctive relief under 15 U.S.C. § 1116 because it has no
adequate remedy at law for Corporate Defendants’ infringement, and unless Corporate Defendants
are permanently enjoined, USA Football will suffer irreparable harm.
54. USA Football is entitled to enhanced damages and attorneys’ fees under 15 U.S.C.
§ 1117(a) because Corporate Defendants willfully, intentionally, maliciously, and in bad faith
infringed the USA Football Registered Marks.
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COUNT II
UNFAIR COMPETITION AND FALSE DESIGNATION OF ORIGIN AGAINST
CORPORATE DEFENDANTS
(15 U.S.C. § 1125(a))
set forth herein.
57. The USA Football Marks are valid and subsisting in full force and effect as
demonstrated by the registrations issued by the USPTO for the USA Football Registered Marks and
USA Football’s common law rights in the remaining USA Football Marks.
58. As set forth above, Corporate Defendants are using a mark confusingly similar to the
USA Football Marks in connection with flag football events and related educational offerings.
59. Corporate Defendants’ conduct constitutes unfair competition and false designation
of origin under the Lanham Act, 15 U.S.C. § 1125(a) and, on information and belief, has been
knowing, deliberate, willful, intended to cause mistake or to deceive, and in disregard of USA
Football’s rights.
damage to the goodwill associated with the Marks.
62. USA Football is entitled to recover its damages caused by Corporate Defendants’
infringement of the USA Football Marks and to disgorge Corporate Defendants’ profits from their
willfully infringing earnings and unjust enrichment.
adequate remedy at law for Corporate Defendants’ actions, and unless Corporate Defendants are
permanently enjoined, USA Football will suffer irreparable harm.
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§ 1117(a) because Corporate Defendants willfully, intentionally, maliciously, and in bad faith
infringed the USA Football Marks.
COUNT III
COMMON LAW UNFAIR COMPETITION AND TRADEMARK INFRINGEMENT
AGAINST CORPORATE DEFENDANTS
set forth herein.
67. USA Football has registered the USA Football Registered Marks with the USPTO.
68. The USA Football Marks are valid and subsisting trademarks in full force and effect.
69. Corporate Defendants willfully and knowingly used, and continue to use, in Indiana,
a mark (USA FLAG) that is confusingly similar to the USA Football Marks in connection with flag
football events and related educational offerings without the consent of USA Football.
70. Corporate Defendants’ use in Indiana of the mark USA FLAG infringes USA
Football’s rights because it has created and will continue to create a likelihood of confusion as to the
source of goods and service offered by Corporate Defendants.
71. Corporate Defendants had actual knowledge of USA Football’s prior use of the USA
Football Marks when they—at the direction of Mr. Burnett—appropriated the confusingly similar
USA FLAG for their own use by virtue of USA Football’s extensive promotion and advertising
containing the USA Football Marks, and by way of FFWCT’s and Mr. Burnett’s previous business
interactions with USA Football.
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73. As a proximate result of Corporate Defendants’ actions, USA Football has suffered,
and continues to suffer, immediate and irreparable harm. This immediate and irreparable harm
includes damage to brand goodwill.
74. USA Football has also suffered, and continues to suffer, damages, including, but not
limited to, loss of business, goodwill, reputation, and profits in an amount to be proven at trial.
75. USA Football is also entitled to punitive damages because Corporate Defendants
acted with malice, fraud, gross negligence, or oppressiveness that was not the result of mistake of
fact or law, honest error of judgment, overzealousness, mere negligence, or other human failing.
COUNT IV
CONTRIBUTORY AND VICARIOUS TRADEMARK INFRINGEMENT AND UNFAIR
COMPETITION AGAINST MR. BURNETT
set forth herein.
77. Upon information and belief, Mr. Burnett is the sole member of FFWCT.
78. Upon information and belief, Mr. Burnett is the sole member of USA FLAG.
79. As the sole member of the Corporate Defendants, Mr. Burnett had the right and ability
to supervise their business activities, including their adoption and use of the USA FLAG mark in
connection with flag football events and related educational offerings.
80. As the sole member of the Corporate Defendants, Mr. Burnett was the active and
driving force behind the Corporate Defendants’ adoption and use of the USA FLAG mark in
connection with flag football events and related educational offerings.
81. As the sole member of the Corporate Defendants, Mr. Burnett has a direct financial
interest in their commercial performance, including any profits realized via Corporate Defendants’
adoption and use of the USA FLAG mark in connection with flag football events and related
educational offerings.
14
82. As detailed above, Corporate Defendants adoption and use of the USA FLAG mark
in connection with flag football events and related educational offerings constitutes trademark
infringement and unfair competition under the Lanham Act and Indiana common law.
83. Mr. Burnett has unfairly profited from the actions alleged.
damage to the goodwill associated with the USA Football Marks.
85. USA Football is entitled to recover its damages caused by the actions described
herein and disgorge Mr. Burnett’s profits from his willfully infringing earnings and unjust
enrichment.
adequate remedy at law for Corporate Defendants’ actions as directed and authorized by Mr. Burnett,
and unless Mr. Burnett is permanently enjoined, USA Football will suffer irreparable harm.
§ 1117(a) because Mr. Burnett’s actions as described herein are willful, intentional, malicious, and
in bad faith.
COUNT V
UNJUST ENRICHMENT AGAINST ALL DEFENDANTS
88. USA Football reincorporates and realleges the foregoing allegations as though
fully set forth herein.
89. At the expense of and detriment to and without the prior express or implied
authorization of USA Football, the Defendants have been unjustly enriched through their
knowing, intentional, deliberate, willful, and malicious use of the mark USA FLAG (and
designations confusingly similar thereto).
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90. By reason of the Defendants’ actions described above, USA Football has
suffered damages, in an amount as yet to be ascertained but which continues to accrue and
accumulate, and irreparable harm.
91. By reason of the Defendants’ acts, USA Football’s remedy at law is not adequate
to compensate it for the injuries inflicted by the Defendants. Accordingly, USA Football is
entitled to permanent injunctive relief.
COUNT VI
CONVERSION AGAINST ALL DEFENDANTS
(Ind. Code § 35-43-4-3)
92. USA Football reincorporates and realleges the foregoing allegations as though
fully set forth herein.
93. By engaging in the knowing, intentional, deliberate, willful, and malicious actions
described above, the Defendants have exerted unauthorized control over the USA Football Marks
with the intent to deprive USA Football of their benefit.
94. The Defendants have therefore committed conversion as defined under Ind. Code §
35-43-4-3.
95. Defendants’ conversion of the USA Football Marks has proximately caused USA
Football to suffer damages, in an amount as yet to be ascertained but which continues to accrue and
accumulate, and irreparable harm.
96. By reason of the Defendants’ acts, USA Football’s remedy at law is not adequate to
compensate it for the injuries inflicted by Defendants. Accordingly, USA Football is entitled to
permanent injunctive relief.
16
COUNT VII
DECEPTION AGAINST ALL DEFENDANTS
(Ind. Code § 35-43-5-3(a)(6))
set forth herein.
98. By engaging in the knowing, intentional, deliberate, willful, and malicious actions
described above, the Defendants have disseminated to the public information that the Defendants
know is false, misleading, or deceptive, with the intent to promote Defendants’ businesses and/or
commercial interests—namely, they have misrepresented their identities and the quality and identity
of their services.
99. The Defendants have therefore committed deception under Indiana Code § 35-43-5-
3(a)(6).
100. The Defendants’ deception has proximately caused USA Football to suffer damages,
in an amount as yet to be ascertained but which continues to accrue and accumulate, and irreparable
harm.
101. By reason of Defendants’ acts, USA Football’s remedy at law is not adequate to
compensate it for the injuries inflicted by Defendants Accordingly, USA Football is entitled to
permanent injunctive relief.
COUNT VIII
INDIANA CRIME VICTIM’S RELIEF ACT
set forth herein.
103. Under the Indiana Crime Victim's Relief Act (I.C. § 35-24-3-1), a person that suffers
pecuniary loss as a result of the violation of Ind. Code § 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.
17
104. The Defendants have violated Ind. Code § 35-43 through knowing, intentional,
deliberate, willful, and malicious commission of (i) conversion under Ind. Code § 35-43-4-3 and
(ii) deception under Ind. Code § 35-43-5-3.
105. USA Football is the victim of the Defendants’ knowing, intentional, deliberate,
willful, and malicious criminal actions, and, as a result, has suffered actual pecuniary damages in
an amount as yet to be ascertained but which continue to accrue and accumulate.
106. USA Football is accordingly entitled to an award of those actual damages as well as
statutory treble damages, corrective advertising damages, costs, and reasonable attorneys’ fees.
DEMAND FOR JURY TRIAL
USA Football hereby respectfully requests that all issues raised by this Complaint be tried by
jury.
PRAYER FOR RELIEF
WHEREFORE, USA Football, by counsel, hereby requests that this Court enter an order:
(a) permanently enjoining the Defendants from using USA FLAG or any other name,
word, mark, or designation confusingly similar to the USA Football Marks in connection with flag
football, related activities, or any other service similar to those offered by USA Football;
(b) requiring Defendants to provide an accounting of all gains, profits, savings and
advantages realized by it from the use of USA FLAG or any name, word, mark, or designation
confusingly similar thereto;
(d) requiring Defendants to surrender any and all merchandise, design, plans, and
marketing materials featuring USA FLAG or any name, word, mark, or designation confusingly
similar thereto;
(e) awarding USA Football all damages (including treble damages, punitive, and
damages related to the cost of corrective advertising), costs, disbursements, expenses, and attorneys’
18
fees owed to them pursuant to the Lanham Act and Indiana common and statutory law by reason of
Defendants’ willful infringement of, conversion of, and deception related to the Marks, USA FLAG,
or any name, word, mark, or designation confusingly similar thereto;
(f) declaring that this is an exceptional case under 15 U.S.C. § 1117 due to Defendants’
knowing, intentional, deliberate, willful, and malicious acts of trademark infringement and awarding
USA Football its reasonable attorneys’ fees; and
(g) all other just and proper relief to which USA Football is entitled.
Respectfully submitted,
Dated: February 13, 2023 /s/ Amie N. Peele

Amie N. Peele (#19523-29)
apeele@peelelawgroup.com
PEELE LAW GROUP, PC
49 Boone Village, Box 299
Zionsville, IN 46077
(202) 964-4500 (Ph)
(202) 964-4502 (Fax)
/s/ Louis T. Perry

Louis T. Perry (#25736-49)
Louis.perry@faegredrinker.com
FAGRE DRINKER BIDDLE & REATH LLP
300 N. Meridian St., Ste. 2500
Indianapolis, IN 46204
(317) 237-0300 (Ph)
(317) 237-1000 (Fax)
Attorneys for Plaintiff, USA Football, Inc.
19

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Case 1:23-cv-00274-TWP-KMB Document 1 Filed 02/13/23 Page 1 of 19 PageID #: 1

IN THE UNITED STATES DISTRICT COURT

USA FOOTBALL, INC., )

NATURE OF THE ACTION

1. This is an action for trademark infringement, unfair competition, and false

common law of the State of Indiana.

JURISDICTION AND VENUE

under Article III of the United States Constitution.

4. Venue is properly founded in this judicial district pursuant to 28 U.S.C. § 1391

5. USA Football is a 501(c)(3) non-profit organization organized under the laws of

6. Upon information and belief, FFWCT is a domestic for-profit corporation duly

Allen, Texas 75002-4938.

USA Football and Its Intellectual Property.

associations. IFAF grants only such membership per country.

including at IFAF events.

FOOTBALL since at least as early as December 5, 2002.

shown in the attached Exhibit B.

related services offered by others.

History of Threatened Infringement by Mr. Burnett and FFWCT

July 31, 2019 and was not renewed by USA Football.

as May 4, 2019. A copy of the ‘085 Application is attached hereto as Exhibit C.

of the USA FLAG mark.

USA Football’s Defendant’s

of player safety, concussion awareness and field of player safety, concussion

Football’s notice of opposition is attached hereto as Exhibit E.

Event Collaboration Agreement is attached hereto as Exhibit F.

29. The Event Collaboration Agreement expired on February 28, 2022.

Application”). A copy of the ‘238 Applications is attached hereto as Exhibit H.

announcement is attached hereto as Exhibit I.

Instances of Actual Confusion and this Lawsuit

34. Following FFWCT’s rebranding announcement, USA Football became aware of

their trademarks, or risk losing their rights.

educational offerings is likely to continue causing consumers to be confused, mistaken, or deceived

set forth herein.

43. USA Football is the owner of the USA Football Marks.

source of goods and service offered by Corporate Defendants.

from their willfully infringing earnings and unjust enrichment.

are permanently enjoined, USA Football will suffer irreparable harm.

infringed the USA Football Registered Marks.

set forth herein.

56. USA Football is the owner of the USA Football Marks.

damage to the goodwill associated with the Marks.

willfully infringing earnings and unjust enrichment.

permanently enjoined, USA Football will suffer irreparable harm.

infringed the USA Football Marks.

set forth herein.

66. USA Football is the owner of the USA Football Marks.

source of goods and service offered by Corporate Defendants.

interactions with USA Football.

includes damage to brand goodwill.

set forth herein.

connection with flag football events and related educational offerings.

connection with flag football events and related educational offerings.

damage to the goodwill associated with the USA Football Marks.

fully set forth herein.

designations confusingly similar thereto).

accumulate, and irreparable harm.

entitled to permanent injunctive relief.

fully set forth herein.

with the intent to deprive USA Football of their benefit.