Forest River Complaint

USDC IN/ND case 3:24-cv-00541-DRL-MGG document 1 filed 07/02/24 page 1 of 17
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
FOREST RIVER, INC., )

900 County Road 1 North )) Civil Action No.: 3:24-cv-541
Elkhart, Indiana 46514 )
)) Judge:
Plaintiff, )
v. )) JURY DEMAND ENDORSED HEREON
)
SHARPLINE CONVERTING, INC. ))
c/o Jack Snyder, CEO )
1520 S. Tyler Road ))
Wichita, KS 67209 )
))
Defendant. )
COMPLAINT
Plaintiff Forest
Plaintiff Forest River,
River, Inc.
Inc. ("Forest
(“Forest River")
River”) states
states the following for its cause of action
against Defendant Sharpline

Sharpline Converting,
Converting, Inc. (“Sharpline”):
Inc. ("Sharpline"):
PARTIES, JURISDICTION, AND VENUE
1. Forest River is an Indiana corporation with its principal place of business in
Elkhart, Indiana.
2. On information and belief, Sharpline is a Kansas corporation with its principal place
of business in Wichita, Kansas. Sharpline also has a significant business presence in the state of
Indiana, having an address at 800 County Road 15, Elkhart, Indiana.
3. This Court has subject matter jurisdiction over this case and controversy under 28
U.S.C. §§ 1331 and 1338 because the action arises under the Lanham Act, 15 U.S.C. § 1051, et
seq. The Court also has subject matter jurisdiction over this case and controversy under 28 U.S.C.
§§ 1332 because Forest River and Sharpline are each citizens of different states and the amount in
controversy, as described below, exceeds $75,000.

4. This Court has supplemental jurisdiction to hear the state statutory and common
law claims of Forest River pursuant to 28 U.S.C. § 1367(a). These state and common law claims
are so related to the Lanham Act claim that they form part of the same case or controversy under
Article III of the United States Constitution and, moreover, are derived from a common nucleus
of operative facts.
5. This Court has personal jurisdiction over Sharpline under at least sections (A)(1)-
(5) of Ind. Trial R. 4.4.
a. As stated above, Sharpline maintains a significant business presence in
Indiana, owning a manufacturing facility in Elkhart, Indiana. Sharpline conducts business in this
state, including the production, design and manufacturing of products sold and branding services
(“inTech”) that gave

provided to non-party inTech Trailers, Inc. ("inTech") gave rise to Forest
rise to Forest River's
River’s trademark
trademark
infringement claims against inTech in the United States District Court for the Northern District of
(the "inTech
Indiana, as set forth in Case No. 3:21-cv-00645-DRL (the “inTech Lawsuit").
Lawsuit”).
b. Sharpline caused injury to Forest River in Indiana through its
manufacturing, design, and sale of products and through the design, manufacturing, and branding
services it provided to inTech.
c. Sharpline, as a Kansas corporation having an address in Kansas, caused
injury to Forst River in Indiana by regularly selling products in Indiana and providing design,
manufacturing, and branding services to Forest River and inTech in Indiana, through which it
derived substantial revenue.
6. Venue is proper in this Court under at least 18 U.S.C. §1391(b)(2)-(3). A substantial
Forest River's
part of the events or omissions giving rise to Forest River’s claims occurred within this judicial
district and division. This Court also has personal jurisdiction over Sharpline.
2
FACTUAL BACKGROUND
Forest
Forest River’s
River's Use
Use and Ownership of the DELLA TERRA and Forest River Mountain
Design Marks
7. Forest River was founded in 1996 with the vision to help customers better enjoy
the outdoors by designing RVs meeting their needs. Over the last three decades, this vision has
become a reality and Forest River is now one of the largest manufacturers of RVs throughout North
America, producing a wide range of high-quality RVs, cargo trailers, utility trailers, pontoon boats,
buses and other products. Forest River showcases and sells its RVs and other products throughout
the United States and internationally.
8. Forest River's
Forest River’s name, brands, and
name, brands, trademarks—including the "Forest
and trademarks—including “Forest River Marks"
Marks”
defined below—have developed significant goodwill and commercial value as a result of Forest
River’s promotion,
River's promotion, advertising,
advertising, and
and marketing
marketing and high volume of sales of its products. This has,
the public’s
in turn, resulted in the widespread knowledge of Forest River's
public's widespread River’s high-quality RVs and
other products.
9. Since 2018, Forest River has promoted, advertised, marketed, and sold DELLA
TERRA brand travel trailers through East to West, one of its unincorporated subdivisions
(“E2W”). DELLA
("E2W"). DELLA TERRA, along with
TERRA, along with E2W's
E2W’s signature
signature mountain
mountain design (the "Forest
design (the “Forest River
River
Mountain Design"),
Mountain Design”), are
are herein
herein referred to as
referred to the Forest
as the Forest River
River Marks.
Marks.
10. Forest River promotes, advertises, markets, and sells its DELLA TERRA-brand
“Forest River
travel trailers, sometimes in combination with some of its other marks, including the "Forest
Design,” as shown below:

Mountain Design,"
3
e AST eWEST
c ellaWv<a,
Vlo
11 ,
MEM
-0
11. Forest River uses the Forest River Mountain Design in connection with the sale,
promotion, and
promotion, and advertisement
advertisement of
of all
all of E2W’s RV
of E2W's RV brands, including the DELLA TERRA brand
as depicted above.
12. Forest River has expended substantial time and money to market, advertise, and
promote the DELLA TERRA-brand travel trailers and its other products bearing the Forest River
Mountain Design, including the expenditure of more than a million dollars for manufacturing
graphics packages depicting the Forest River Marks.
113.
3. Forest River has attained significant and valuable goodwill in the Forest River
Marks through the quality and nature of the DELLA TERRA travel trailers; other products sold
under the Forest River Mountain Design; as well as through extensive sales, promoting,
advertising, and marketing under the Forest River Marks, across the United States and
internationally.
4
14. Forest River owns distinctive, valid, and subsisting nationwide common law rights
to the Forest River Marks as a result of its widespread and continuous use of the Forest River
Marks.
15. Forest River is also the owner of a valid and subsisting United States Trademark
registration for DELLA TERRA United States

TERRA on the United Patent and
States Patent and Trademark Office’s (USPTO)
Trademark Office's
Principal Register, Registration No. 7,357,886. A true and accurate copy of the Certificate of
Registration is attached as Exhibit A.

A. Forever River is also the owner of valid and subsisting State
of Indiana registration for DELLA TERRA, 2021000026640. A true and accurate copy
TERRA, Reg. No. 2011000026640.
of the Certificate of Registration is attached hereto as Exhibit B.
16. Forest River is also the owner of a valid and subsisting registration for the Forest
River Mountain Design on the USPTO's

on the USPTO’s Principal
Principal Register, Registration No. 6511442. A true and
accurate copy of the Registration is attached as Exhibit C. The Forest River Mountain Design has
also been registered in the State of Indiana, Reg. No. 2021000026648. A true and accurate copy
of the Certificate of Registration is attached hereto as Exhibit D.
inTech’s Infringing Use of TERRA

inTech's
17. inTech is
inTech one of
is one of Forest
Forest River's
River’s direct competitors in
direct competitors in the
the recreational vehicle
inTech began
industry, including in the sale of travel trailers. inTech began using
using the
the word
word "Term"
“Terra” to
to brand
brand a
new line of travel trailers on or around November 2020.
18. inTech’s use

inTech's of "Term"
use of “Terra” and Forest
Forest River's
River’s DELLA
DELLA TERRA
TERRA mark
mark are depicted
below:
River's Use
Forest River’s Use inTech’s Use
inTech's Use
geTetw WrA,
5
19. (the "new

inTech also began using a new mountain design (the “new mountain
mountain design”)
design") to
further brand its Terra travel trailers, as

as part of its
part of its new
new "Terra"
“Terra” RV promotional and advertising
campaign.
20. inTech’s mountain

inTech's mountain design (the "new
design (the “new mountain
mountain design")
design”) and the Forest River
Mountain Design are depicted below:
River's Use
Forest River’s Use inTech’s Use
inTech's Use
21. A comparison of the outlines of the parties’ respective mountain designs are below:
parties' respective
The Forest River Mountain Design Mountain Design

inTech’s Mountain
inTech's Design
22. inTech and Forest River operate within the exact same industry and use their
respective marks to market, advertise, and promote the exact same category of goods—travel
trailer RVs.
23. inTech and Forest River each sell their products throughout the United States and
each sells their products through RV dealerships.
24. inTech and Forest River market, advertise, and promote their products through
many of the same media outlets, including in some of the same RV print media, social media,
tradeshows, and through some of the same RV dealers.
6
25. inTech and Forest River market, advertise, and promote their travel trailers to the
same end-consumers.
26. “Terra” mark

inTech’s "Terra"
inTech's was confusingly similar to DELLA TERRA and inTech's
mark was inTech’s
inTech’s use
mountain design was confusingly similar to the Forest River Mountain Design. inTech's use of
of
“Terra” and
"Terra" its new
and its new mountain
mountain design in combination
design in combination was also confusingly similar to a combined
By using
mark comprising the Forest River Marks. By using "Terra"
“Terra” and
and its
its new mountain design, inTech
traded off of the goodwill that Forest River had built in the Forest River Marks.
27. inTech’s
inTech's infringements
infringements caused confusion in the RV industry and consumers in
violation of the Lanham Act, Indiana state law, and common law.
THE JURY VERDICT IN CASE NO. 3:21-cv-00645-DRL
28. On August 31, 2021, Forest River filed a lawsuit against inTech in the United States
(the "inTech
District Court for the Northern District of Indiana, Case No. 3:21-cv-00645-DRL (the “inTech
Lawsuit”) for trademark infringement of the Forest River Marks, under the Lanham Act, 15 U.S.C.
Lawsuit")
§§ 1114 and 1125, Indiana Code § 24-2-1-13, and under common law. [E.C.F. No. 1; Amended
Complaint, E.C.F. 25].
29. On March 5, 2024, a jury found inTech liable for trademark infringement of the
Forest River Marks and awarded Forest

and awarded Forest River
River $2,000,000 in damages
$2,000,000 in damages as
as aa result
result of inTech’s
of inTech's
infringing activities. [E.C.F. No. 159]. The Court in the inTech Lawsuit also issued a permanent
injunction against inTech, permanently enjoining it from use of its infringing marks, among other
requirements. [E.C.F. No. 167, amended at E.C.F. No. 172].
30. The jury also found that inTech willfully and intentionally infringed the Forest
River Marks. Forest River has moved the Court in the inTech Lawsuit for attorney fees, enhanced
damages, prejudgment interest, and costs pursuant to 15 U.S.C. § 1117.
7
SHARPLINE’S
SHARPLINE'S WILLFUL AND INTENTIONAL CONTRIBUTION TO INTECH’S
INTECH'S
DIRECT INFRINGEMENT
31. to inTech’s
Sharpline willfully and knowingly contributed to inTech's infringing
infringing activities or,
at the very
at the very least,
least, was
was willfully
willfully blind
blind to
to inTech's
inTech’s infringements
infringements while it was designing, creating,
and
and manufacturing the "Terra"
manufacturing the “Terra” and
and new
new mountain
mountain design graphics for
design graphics for inTech’s infringing Terra
inTech's infringing Terra
Travel trailers.
32. Sharpline exercised significant control over the infringing activities of inTech
because Sharpline actively participated in the design, creation, and manufacturing of infringing
graphics used on “Terra” travel

on "Terra" travel trailers.
trailers. As a result, Sharpline is jointly and severally liable for
that infringement.
33. E2W’s General

Beginning on or around 2018, E2W's Manager, Lisa
General Manager, Lisa Rees,
Rees, contracted with
contracted with
Sharpline to help design and manufacture graphics and other promotional materials for its DELLA
TERRA travel trailers. These graphics and promotional materials depicted the Forest River Marks,
which E2W used to market, advertise, and promote its DELLA TERRA travel trailers.
34. E2W’s contact

E2W's contact person at Sharpline
person at was Nick
Sharpline was Nick Briggs
Briggs ("Briggs"),
(“Briggs”), a high school
classmate of Rees. Briggs helped design and proposed the font for the DELLA TERRA and also
helped design the combined DELLA TERRA and Forest River Mountain Design mark. At all
times, Sharpline
Sharpline has
has had actual knowledge
had actual knowledge of Forest River's
of Forest River’s DELLA
DELLA TERRA
TERRA mark
mark and the Forest
and the Forest
River Mountain Design as a result of working with E2W and Rees.
35. Since the beginning of 2018 and until 2023, Sharpline had been manufacturing and
selling DELLA TERRA graphic packages to Forest River which included the Forest River Marks,
for use with each DELLA TERRA-brand travel trailer sold. Sharpline also manufactured and sold
additional graphic packages to Forest River that included the Forest River Mountain Design, for
use in graphics used in connection with the sale of other E2W brands.
8
36. Beginning in 2020 and throughout that year, Sharpline and Briggs, with actual
inTech’ss infringing
knowledge of the Forest River Marks, created the font of inTech' “Terra” mark.
infringing "Terra"
in connection
Sharpline and Briggs also collaborated with inTech in with inTech’s
connection with inTech' s selection of its
new mountain design. Sharpline and Briggs also assisted inTech in the creation of graphics
“sub-brand” name
including the "sub-brand" OASIS—a prior Forest River trademark— for use in conjunction
name OASIS—a
with the
with the sale
sale of “Terra” RVs.
of "Terra" RVs.
37. Sharpline then began mass-producing graphics and promotional material depicting
the infringing “Terra” mark

infringing "Terra" mark and the infringing
and the infringing new mountain design, for use with the sale of
inTech’s TERRA travel trailers. Sharpline has produced and sold these infringing graphics to
inTech's
inTech since 2020 and, since that time, inTech has used Sharpline’s
Sharpline's infringing graphics to brand
and sell its Terra travel trailers.
38. Upon information and belief, Sharpline continued to sell these infringing graphics
to inTech up to the date that the jury in the inTech Lawsuit found inTech liable for willfully and
intentionally infringing on the Forest River Marks.
39. Sharpline has known or

or should
should have
have known
known of
of inTech’s
inTech's infringements
infringements of the Forest
River Marks because:
a. Briggs had personal and, sometimes, daily interactions with both E2W and inTech.
Briggs had intimate knowledge regarding both the Forest River Marks and the
inTech' s marks,
infringing uses of inTech’s being involved
marks, being involved in their creation
in their creation and
and production.
production.
b. Within months of the first shipment of “Terra” travel

of "Terra" travel trailers in late 2020, Sharpline
became aware that Forest River had demanded inTech’s

inTech's removal of the sub-brand
“Terra” travel
name OASIS from "Terra" travel trailers because
because that
that name (“OASIS”) belonged
name ("OASIS") belonged
9
River’s demands
to a prior Forest River brand of RVs. Sharpline was told of Forest River's demands
by inTech.
became aware
c. Sharpline also became aware of Forest River's
of Forest River’s demands that inTech
demands that inTech cease its uses
of “Terra” and
of "Terra" and the
the new
new mountain
mountain design
design no later than at some point in 2021, when
Briggs discussed the inTech Lawsuit with inTech part-owner Scott Tuttle and
inTech’s head
inTech's head of
of sales, Keith Fishburn.
sales, Keith Fishburn.
d. On or around February 23, 2022, Forest River subpoenaed Sharpline in the inTech
Lawsuit, seeking production

production of
of documents
documents relating to Forest
relating to Forest River's
River’s claims
claims of
of
inTech’s use
infringement in the inTech Lawsuit and relating to inTech's use of “Terra” and
of "Terra" and new
new
mountain design. Sharpline produced documents in response to the subpoena.
e. On December 6, 2022, Forest River deposed Briggs as part of the inTech Lawsuit.
Upon information
Upon information and belief, Briggs'
and belief, Briggs’ counsel was hired by Sharpline. Briggs
discussed
discussed his upcoming deposition
his upcoming with Sharpline’s
deposition with Sharpline's CEO,
CEO, Jack
Jack Snyder;
Snyder; Sharpline’s
Sharpline's
President, Steve Calvert; and another Sharpline employee, Donny Dykstra. Further,
counsel for Sharpline was also informed and provided notice of the deposition.
40. During his deposition in the inTech Lawsuit, Briggs admitted that Sharpline
designed, manufactured, and supplied inTech with the graphics depicting the infringing marks, for
inTech’s infringing Terra travel trailers.

use with the marketing, advertising, and promotion of inTech's
Briggs admitted that he did so at the same time he was also working with and supplying E2W with
graphics and services for the Forest River Marks.
41. Briggs also admitted that he was Sharpline’s

he was Sharpline's main point of contact for both Forest
River and inTech when Sharpline provided inTech with infringing graphics, sometimes meeting
with both inTech and Forest River on the very same day.
10
42. Despite this, Briggs never informed E2W about his assistance in the design and
creation
creation of inTech’s graphics
of inTech's graphics for its infringing "Terra"
for its “Terra” branded
branded travel trailers prior to the filing of
the inTech Lawsuit.
43. Forest River

Forest River instead
instead only
only learned
learned of
of Sharpline’s
Sharpline's provision
provision of
of design and graphic
design and graphic
supply services to inTech through the discovery phase of the inTech Lawsuit.
44. E2W would not have continued to purchase graphics for its products from Sharpline
had it known
had it known about
about Sharpline’s
Sharpline's intimate involvement in the design, manufacturing, and sale of
Not knowing
infringing graphics to inTech. Not knowing Sharpline’s
Sharpline's contributions to inTech's
contributions to inTech’s infringing
infringing
activities, E2W continued to do business with Briggs and Sharpline into 2022.
45. After learning the

After learning the extent
extent of
of Sharpline’s involvement and
Sharpline's involvement and contribution to the
contribution to the
infringing activities of inTech, E2W discontinued its business relationship with Sharpline in 2023.
46. During his deposition, Briggs further admitted that he sometimes warned Sharpline
customers when proposed marks may be infringing the marks of a third party. Yet, Briggs failed
to warn inTech about

about use
use of “Terra” or
of "Terra" the new
or the new mountain
mountain design,
design, even though those
even though those marks were
marks were
confusingly similar to DELLA TERRA and the Forest River Mountain Design.
47. As stated above, Sharpline also failed to inform Forest River that it was the
manufacturer
manufacturer of inTech’s graphics
of inTech's graphics for
for its
its infringing “Terra” travel trailers. Briggs and Sharpline
infringing "Terra"
instead decided to conceal this information, so that Sharpline could continue to profit from the sale
of infringing graphics and from the sale of graphics for DELLA TERRA and other E2W travel
the Forest
trailers. Sharpline sold graphics for both the Forest River
River Marks
Marks and inTech’s infringing
and inTech's infringing marks
marks
from mid-2020 until on or around September of 2023, when E2W ceased purchasing its graphics
from Sharpline after learning about the extent of Sharpline’s

Sharpline's infringing activities.
11
48. At all times, Sharpline had direct control over its ability to sell graphics and services
to inTech and could have ceased those activities or otherwise demanded that inTech stop its sale
of infringing travel trailers. It did not.
49. Sharpline elected to continue

elected to continue its
its contributions to inTech's
contributions to inTech’s infringement
infringement by
by
continuing to sell infringing graphics to inTech.
50. Sharpline knowingly and intentionally chose to continue to profit from its sales to
inTech and to continue

continue contributing to inTech’s
contributing to up to
inTech's infringing conduct up to and through the
and through the jury's
jury’s
finding of willful trademark infringement against inTech in the inTech Lawsuit.
COUNT I
Contributory Trademark Infringement (15 U.S.C. §§ 1114(1)(A) and 1125(a)(1)(A),

Indiana Code § 24-2-1-13, and under common law)
51. Forest River incorporates by reference and re-alleges the allegations contained in
the above paragraphs as if fully and separately set forth in this count.
52. Forest River owns all rights, title and interest in and to the Forest River Marks, the
federal and state registrations to those marks, and under common law, as already determined in
the inTech Lawsuit.
53. The jury in the inTech Lawsuit unanimously found that inTech's
inTech’s unauthorized use
“Terra” and
in commerce of "Terra" and its new mountain design constituted direct trademark infringement
under 15 U.S.C. §§ 1114(1)(A), 1125(a)(1)(A), Indiana Code § 24-2-1-13, and common law. That
jury verdict has since been entered as a final judgment against inTech (see E.C.F. No. 168, inTech
Lawsuit). The jury also found inTech liable for willful trademark infringement.
54. Sharpline willfully, intentionally, and

and knowingly
knowingly contributed to inTech's
contributed to inTech’s direct
trademark infringement and is jointly and severally liable for that infringement.
12
55. inTech’s infringing

Sharpline knew about and contributed to inTech's activities. Briggs
infringing activities. Briggs sold
graphics and provided branding services to both Forest River and its division, E2W, and inTech in
the course and scope of his duties with Sharpline. Sharpline had actual knowledge of both Forest
River’s and
River's inTech’s marks.
and inTech's
56. Sharpline not only had

had actual
actual knowledge
knowledge of inTech’s infringing
of inTech's infringing "Terra"
“Terra” and
and
mountain design marks, it willfully and intentionally helped

helped create
create and facilitated inTech’s
and facilitated use of
inTech's use of
them. In so doing, Sharpline both willfully and intentionally contributed to and induced inTech to
infringe the Forest River Marks.
57. Sharpline continued to supply infringing graphics and services to inTech even after
it knew or had reason to know about inTech’s

inTech's direct trademark infringement.
58. Forest River notified Sharpline and its counsel of

of inTech’s trademark infringement,
inTech's trademark infringement,
Sharpline’s
Sharpline's contributions to that infringement, and the inTech Lawsuit. Sharpline had direct
control over its own ability to cease

ability to cease manufacturing and selling
manufacturing and the infringing
selling the infringing "Terra"
“Terra” and
and new
new
mountain design graphics and to cease its infringing branding services. Sharpline instead continued
to supply and profit from those infringing graphics and branding services.
59. A jury has determined that there is a likelihood of confusion between the Forest
River Marks
River Marks and
and inTech's
inTech’s infringing
infringing "Terra"
“Terra” mark
mark and
and new
new mountain
mountain design.
design. That jury weighed
That jury
the likelihood
the likelihood of
of confusion
confusion between the Forest
between the Forest River
River Marks
Marks and inTech’s marks
and inTech's marks and
and unanimously
unanimously
found inTech liable for willful trademark infringement.
60. Sharpline is now jointly and severally liable with inTech for trademark
infringement as a result of its supplying the infringing graphics to inTech and providing branding
services related to inTech's

related to inTech’s decision to use
decision to use "Terra"
“Terra” and the new
and the new mountain
mountain design.
design. Sharpline’s
Sharpline's
contributory infringement is also willful and intentional because, at all times, Sharpline knew about
13
inTech’s infringing
inTech's infringing activities
activities and the Forest River Marks. Despite this knowledge, Sharpline
continued to supply the infringing graphics and its related branding services and aided inTech in
furthering its infringement.
61. Sharpline reaped the benefit of consumer association of inTech, its marks, and its
“Terra” travel trailers with Forest River, the Forest River Marks, and the DELLA TERRA travel
"Terra"
trailers. Sharpline’s
Sharpline' s sales
sales of and profit
of and from the
profit from the infringing graphics sold to inTech necessarily
infringing graphics
increased as
as sales of infringing
sales of infringing "Terra"
“Terra” RVs
RVs increased
increased and continued.
62. Sharpline also reaped the benefit of concealing its business with inTech from E2W
and Forest River. Sharpline continued to profit from providing graphics for the Forest River Marks
as long as it could while, at the same time, manufacturing and selling infringing graphics to inTech
and concealing this fact from E2W and Forest River.
63. inTech’s conduct

inTech's conduct constituted
constituted aa knowing, deliberate and willful infringement of the
Forest River Marks, making it an exceptional case under 15 U.

U.S.C.
S.C. § 1117(a).
64. Sharpline’s
Sharpline's contributions to inTech's
contributions to inTech’s knowing, willful, and intentional
infringement of the Forest River Marks irreparably harmed Forest River, for which Forest River
had no adequate remedy at law, as determined in the inTech Lawsuit.
65. Forest River is entitled to, among other relief, injunctive relief; an award of actual
damages; Sharpline’s
Sharpline' s profits from both sales to Forest River and to inTech; enhanced damages
and profits; reasonable

reasonable attorney’s fees; costs of this action; and prejudgment and post-judgment
attorney's fees;
interest. As a contributory infringer, Sharpline is jointly and severally liable with inTech for all
damages, attorney’s fees,

damages, attorney's fees, costs,
costs, pre-judgment
pre-judgment and post-judgment interest, enhanced damages, and
other relief awarded to Forest River by way of the inTech Lawsuit.
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WHEREFORE, Forest River respectfully requests that this Court enter judgment in its
favor and against Sharpline for contributory trademark infringement and the following relief:
A. Actual damages in an amount to be determined at trial;
B. inTech’s profits from its sale of the infringing graphics and branding services to:
inTech's
(i) inTech; and, (ii) Forest River, for the time period it concealed its providing infringing graphics
and branding services to inTech;
C. Damages in the amount of corrective advertising costs;
D. Treble and/or punitive damages against Sharpline, based upon its intentional,
willful, knowing, and exceptional infringement.
E. All available statutory damages;
F. and reasonable
Costs and attorneys’ fees
reasonable attorneys' fees in this action
in this as authorized under applicable
action as
laws, including but not limited to, 15 U.S.C. §1117;
G. Pre- and post-judgment interest at the maximum legal rate and costs;
H. A permanent injunction specifically enjoining Sharpline, and its predecessors,
successors, divisions, subsidiaries, or joint ventures thereof, together with any and all parent or
affiliated companies, corporations, partnerships, and all of its current and future officers, owners,
shareholders, directors, employees, agents, representatives, and those acting in privity or concert
with them, or on their behalf from:
i. Displaying, distributing, offering, disseminating, selling, or manufacturing any
(i) "Terra";
products, documents, or other materials using (i) “Terra”; (ii) inTech's
inTech’s new
new
“Terra” and its mountain design;

mountain design; and/or (iii) a combination of "Terra"
15
ii. Causing the display, distribution, offer, dissemination, sale, or manufacture of
any materials using any

any and
and all
all of (i) "Terra";
of (i) “Terra”; (ii) the new mountain design;
(iii) aa combination
and/or (iii) combination of “Terra” and
of "Terra" its mountain
and its mountain design;
design;
I.
L Directing that Sharpline recall and deliver up for destruction all goods, packaging,
advertisements, promotions, signs, displays, and related materials incorporating or bearing: (i)
“Terra”; (ii) its new mountain design, and/or, (iii) a combination of those marks;
"Terra";
J. Directing Sharpline to provide an accounting of all sales relating to the creation,
“Terra”; (ii) the new mountain design;

manufacturing, or sale of products or services relating to: (i) "Terra";
and/or, (iii) a combination of those marks; and (iv) the Forest River Marks, both separate and in
combination.
K. Granting Forest River other relief that may be just and warranted under the
circumstances.
JURY TRIAL DEMAND
Forest River hereby demands a trial by jury to the extent authorized by law.
Respectfully submitted,
s/ Philip R. Bautista
Philip R. Bautista (Ohio Bar No. 0073272)
pbautista@taftlaw.com
pbauti sta@taftlaw.com
JoZeff W. Gebolys (Ohio Bar No.0093507)
(pro
@o hac vice forthcoming)
forthcoming)
jjgebolys@taftlaw.com
gebolys@taftlaw.com
TAFT STETTINIUS & HOLLISTER LLP
200 Public Square, Suite 3500
Cleveland, Ohio 44114
Phone: (216) 241-2838
Fax: (216) 241-3707
Michael C. Terrell (Indiana Atty. No. 2124-49)

mterrell@taftlaw.com
Tracy N. Betz (Indiana Atty. No. 24800-53)
tbetz@taftlaw.com
16
TAFT STETTINIUS & HOLLISTER LLP

One Indiana Square, Suite 3500
Indianapolis, Indiana 46204
Phone: (317) 713-3544
Fax: (317) 715-4535
Counsel for
for Plaintiff,
Plaintiff, Forest River, Inc.
17

Forest River Complaint

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USDC IN/ND case 3:24-cv-00541-DRL-MGG document 1 filed 07/02/24 page 1 of 17

UNITED STATES DISTRICT COURT

FOREST RIVER, INC., )

against Defendant Sharpline

PARTIES, JURISDICTION, AND VENUE

1. Forest River is an Indiana corporation with its principal place of business in

Indiana, having an address at 800 County Road 15, Elkhart, Indiana.

controversy, as described below, exceeds $75,000.

(5) of Ind. Trial R. 4.4.

a. As stated above, Sharpline maintains a significant business presence in

(“inTech”) that gave

b. Sharpline caused injury to Forest River in Indiana through its

services it provided to inTech.

c. Sharpline, as a Kansas corporation having an address in Kansas, caused

derived substantial revenue.

6. Venue is proper in this Court under at least 18 U.S.C. §1391(b)(2)-(3). A substantial

the United States and internationally.

Design,” as shown below:

graphics packages depicting the Forest River Marks.

registration for DELLA TERRA United States

Registration is attached as Exhibit A.

of the Certificate of Registration is attached hereto as Exhibit B.

River Mountain Design on the USPTO's

of the Certificate of Registration is attached hereto as Exhibit D.

inTech’s Infringing Use of TERRA

new line of travel trailers on or around November 2020.

18. inTech’s use

19. (the "new

further brand its Terra travel trailers, as

20. inTech’s mountain

Mountain Design are depicted below:

The Forest River Mountain Design Mountain Design

each sells their products through RV dealerships.

tradeshows, and through some of the same RV dealers.

26. “Terra” mark

THE JURY VERDICT IN CASE NO. 3:21-cv-00645-DRL

Complaint, E.C.F. 25].

Forest River Marks and awarded Forest

requirements. [E.C.F. No. 167, amended at E.C.F. No. 172].

damages, prejudgment interest, and costs pursuant to 15 U.S.C. § 1117.

graphics used on “Terra” travel

33. E2W’s General

34. E2W’s contact

River Mountain Design as a result of working with E2W and Rees.

the infringing “Terra” mark

and sell its Terra travel trailers.

intentionally infringing on the Forest River Marks.

39. Sharpline has known or

River Marks because:

b. Within months of the first shipment of “Terra” travel

became aware that Forest River had demanded inTech’s

Lawsuit, seeking production

mountain design. Sharpline produced documents in response to the subpoena.

inTech’s infringing Terra travel trailers.

graphics and services for the Forest River Marks.

41. Briggs also admitted that he was Sharpline’s

the inTech Lawsuit.

43. Forest River

45. After learning the

to warn inTech about