Case 1:16-cv-00187-LMB-MSN Document 1 Filed 02/24/16 Page 1 of 11 PageID# 1

-FILED
THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

Zfllli FEB 24 A lluq

CLERK us DISTRICT COURT

GIANNINI STRATEGIC

ALEXANDRIA, VIRGIiilA

ENTERPRISES, LLC
Plaintiff,
V.

WHITE HOUSE GIFTS AND APPAREL

DISTRIBUTION CENTER,
and

LEON VENNIS, JR.

CIVIL ACTION NO.

and

UnB^j MS//

JURY TRIAL DEMANDED

JULIE DENNIS
and

JOHN DOE
and

JOHN DOE CORPORATION

Defendants.

COMPLAINT

Plaintiff Giannini Strategic Enterpries, LLC ("GSE" or "Plaintiff) files this complaint
against Defendants White House Gifts and Apparel Distribution Center ("WHGADC"), Leon

Vennis Jr. ("Vennis"), Julie Dennis ("Dennis"), John Doe, and John Doe Corporation (John Doe
Corp.) (collectively "Defendants") and alleges as follows:

1.

This is an action for a permanent injunction and for further relief based on

trademark infringement under 35 U.S.C. 1114, false advertising and unfair competition under
Section 43(a) of the Lanham Act, and/or common law unfair competition.

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PARTIES

2.

Giannini Strategic Enterprises, LLC ("GSE") is a limited liability company

organized and existing under the laws of Pennsylvania, located at, and doing business from, 301
Front Street, Lititz, Pennsylvania 17543.

3.

On information and belief. Defendant White House Gifts and Apparel Distribution

Center is not an organized entity in any state but has a principal place of business of 309 Over Hill
Drive, Sweetwater, TN 37874.
4.

On information and belief, Defendant Mr. Leon Vennis Jr. is a resident of

Tennessee and resides at 309 Over Hill Drive, Sweetwater, TN 37874.

5.

On information and belief Defendant Ms. Julie Dennis is a resident of Tennessee

and resides at 309 Over Hill Drive, Sweetwater, TN 37874.

6.

At this time, the name and address of Defendant John Doe could not be discovered

through reasonable effort. If and when the true name and address are discovered they will be
inserted into the complaint by amendment.

7.

At this time, the name, address and entitytype of Defendant John Doe Corporation

could not be discovered through reasonable effort. If and when the true name, address, and entity
type are discovered they will be inserted into the complaint by amendment
JURISDICTION AND VENUE

8.

This action arises under United States, Title 35 of the United States Code, Section

1114 and the Lanham Act. Accordingly, this Court has subject matter jurisdiction pursuant 28
U.S.C. 1331, 1338, and 1367, and 15 U.S.C. 1117 and 1121.

9.

The exercise of personal jurisdiction in the Commonwealth of Virginia is proper

because acts givingrise to Plaintiffs causesof actionhaveoccurredin Virginia. Morespecifically,

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Defendants market, promote, advertise, and offer for sale products using marks identical to, or

confusingly similar to, Plaintiffs marks. Defendants have purposefully and voluntarily marketed,
promoted, advertised, and offer for sale these products in the stream of commerce with the

expectation that they will be seen and purchased by consumers in Virginia.

10.

Venue is proper in this District under 28 U.S.C. 1391(b.

BACKGROUND

11.

GSE is the owner of U.S. Trademark Registration Nos. 4,887,788 for WHITE

HOUSE GIFT SHOP (Exhibit A) and 4,887,789 for WHITE HOUSE GIFT SHOP, EST. 1946

(Exhibit B). Each of these registrations are for International Class 035, for "[v]ending in the field
of White House, Presidential, Diplomatic, Air Force One, and Washington D.C. souvenirs and
gifts including collectables, memorabilia, toys, models, clothing, accessories, ornaments, and
custom items made exclusively for former presidents of the United States, diplomats, heads-ofstates, television and film studios and aerospace companies as well as for sale to the general
public." GSE operates a website accessible at http://www.whitehousegiftshop.com.
12.

Through its website, GSE advertises and sells Christmas Ornaments, Easter Eggs,

White House Annual Ornaments, Air Force One items. Military Ornaments, and various other
memorabilia under various marks including the marks WHITE HOUSE GIFT SHOP and WHITE
HOUSE GIFT SHOP, EST. 1946.

13.

GSE is informed and believes that Defendants operate a website accessible at

http://www.whitehousegiftsandapparel.com from which they advertise and sell various products

falsely associated with the mark WHITE HOUSE GIFT SHOP and/or Defendants advertise and
sell various products under marks confusingly similar to WHITE HOUSE GIFT SHOP.

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14.

Through its website Defendants sell Christmas Ornaments, "Official Easter Eggs",

"Official White Christmas Ornaments", Air First One items, and various other memorabilia under

the marks WHITE HOUSE GIFT SHOP or confusing similar marks.

15.

Among other false statements, Defendants falsely advertise their website as "the

most respected White House Gift Shop in the world."

16.

Among other false statements, Defendants falsely state that their "company was

founded in 2006 to support and help preserve the integrity of the office of the President and the
time honored traditions of America and our rich heritage."
COUNT ONE

(Federal Trademark Infringement - 15 U.S.C. S 1114>

17. Plaintiff refers to and incorporates the allegations in Paragraphs 1-16, the same as if set
forth herein.

18. Defendants have been and are now infringing U.S. Trademark Registration Nos. 4,887,788
for WHITE HOUSE GIFT SHOP and 4,887,789 for WHITE HOUSE GIFT SHOP, EST.

1946, in this judicial District and elsewhere in the United States, by, among other things,

making, using, importing, offering for sale, and/or selling products using the mark WHITE
HOUSE GIFT SHOP or other marks confusingly similar to WHITE HOUSE GIFT SHOP
or WHITE HOUSE GIFT SHOP, EST. 1946. As a result of Defendants' infringement of

the 4,887,789 and 4,887,789 Registrations, Plaintiff has suffered monetary damages and is
entitled to a money judgment in an amount adequate to compensate for Defendants'
infringement, but in no event less than a reasonable royalty for the use made of the marks
by Defendants, together with interest and costs as fixed by the court, and Plaintiff will
continue to suffer damages in the future unless Defendant's infringing activities are
enjoined by this Court.

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19. By engaging in the conduct described herein, Defendant has injured GSE and is thus liable
for infringement of the 4,887,788 and 4,887,789 Registrations pursuant to 15 U.S.C.
1114(a).

20. Defendant has committed these acts of infringement without license or authorization.

21. To the extent that facts learned in discovery show that Defendants infringement of the
4,887,788 and 4,887,789 Registrations is or has been willful, GSE reserves the right to
request such a finding at the time of trial.

22. As a result ofDefendants' infringementof the 4,887,788 and 4,887,789 Registrations, GSE

has sufferedmonetary damages and is entitledto a moneyjudgment in an amountadequate

to compensate for Defendants' infringement, but in no event less than a reasonableroyalty
for the use made of the invention by Defendants, together with interest and costs as fixed
by the Court. GSE will continue to suffer damages in the future unless Defendants'
infringing activities are enjoined by this Court.

23. GSE has also suffered and will continue to suffer severe and irreparable harm unless this

Court issues a permanent injunction prohibiting Defendants, their agents, servants,

employees, representatives, and all othersacting in activeconcerttherewithfrom infringing
the 4,887,788 and 4,887,789 Registrations.
COUNT TWO

(False Advertising - Lanham Act S 43(a>. 15 U.S.C. S 1125(a^>

24. Plaintiff refers to and incorporates the allegations in Paragraphs 1 - 23, the same as if set
forth herein.

25. Defendants market and sell their products to consumer under the mark WHITE HOUSE

GIFT SHOP or under a confusingly similar mark to WHITE HOUSE GIFT SHOP or

WHITE HOUSE GIFT SHOP, EST. 1946. Defendants' promotional claims violate

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Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a), which states "any person who, on
or in connection with any goods or services, . . . uses in commerce any . . . false or

misleading description offact or misleading representation offact, which... in commercial

advertising or promotion, misrepresents the nature, characteristics, qualities, or
geographical origin of his or her or another person's goods, services, or commercial
activities, shall be liable to a civil action by any person who believes that he or she is likely
to be damaged by such act."

26. By reason of Defendants' conduct. Plaintiffhas suffered and will continue to suffer damage
to its business, reputation and goodwill. In accordance with 15 U.S.C. 1117, Plaintiff is

entitled to damages for Defendants' Lanham Act violations, an accounting of Defendants'

profits on infringement sales and recovery of Plaintiffs costs and reasonable attorney's
fees incurred in this action.

27. Defendants' acts are willful, wanton, and calculated to deceive, and are undertaken in bad

faith, making this an exceptional case and thereby entitling Plaintiff to recover additional
damages and reasonable attorney's fees pursuant to 15 U.S.C. 1117.

28. Unless enjoined by this Court, Defendants' acts will irreparably injure Plaintiffs goodwill
and erode Plaintiffs market share. Pursuant to 15 U.S.C. 1116, Plaintiff is entitled to

permanent injunctive relief to prevent Defendants' continuing acts.

COUNT THREE

(Unfair Competition - Lanham Act S 43(a). 15 U,S.C. S 1125(a))

29. Plaintiff refers to and incorporates the allegations in Paragraphs 1 - 28, the same as if set
forth herein.

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30. GSE has become uniquely associated with the WHITE HOUSE GIFT SHOP and the public
identifies GSE as the source for products sold under the mark WHITE HOUSE GIFT
SHOP or WHITE HOUSE GIFT SHOP, EST. 1946.

31. Defendants have marketed and continue to market their products under marks identical to

or similar to Plaintiffs marks. This has enabled Defendantsto trade off ofGSE's reputation
and good will.
32. Defendants have included statements on their website, such as, but not limited to "the most

respected White House Gift Shop in the world." This has enabled Defendants to trade off

of GSE's reputation and good will.

33. Defendants' acts constitute unfair competition in violation of Section 43(a) of the Lanham
Act, 15U.S.C. 1125(a).

34. By reason of Defendants' conduct. Plaintiff has suffered and will continue to suffer damage
to its business, reputation and goodwill. In accordance with 15 U.S.C. 1117, Plaintiff is

entitled to damages for Defendants' Lanham Act violations, an accounting of Defendants'

profits on infringement sales and recovery of Plaintiffs costs and reasonable attorney's
fees incurred in this action.

35. Defendants' acts are willful, wanton, and calculated to deceive, and are undertaken in bad

faith, making this an exceptional case and thereby entitling Plaintiff to recover additional
damages and reasonable attorney's fees pursuant to 15 U.S.C. 1117.

36. Unlessenjoined by this Court, Defendants' acts will irreparably injure Plaintiffs goodwill
and erode Plaintiffs market share. Pursuant to 15 U.S.C. 1116, Plaintiff is entitled to
permanent injunctive relief to prevent Defendants' continuing acts.

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COUNT FOUR

(Common Law Unfair Competition)

37. Plaintiff refers to and incorporates the allegations in Paragraphs 1 - 36, the same as if set
forth herein.

38. With full knowledge of GSE's ownership and priority to the mark WHITE HOUSE GIFT

SHOP, Defendants have made false and misleading explicit and implicit representations to
its customers that the products it advertises and offers for sale are associated with GSE
through the use of the WHITE HOUSE GIFT SHOP and confusingly similar marks.
39. Defendant's actions are likely to cause confusion, mistake, or deception about the nature,
characteristics, and qualities of Defendants' products.
40. By reason ofDefendants' conduct, Plaintiffhas suffered and will continue to suffer damage
to its business, reputation and goodwill. Plaintiff is entitled to damages for Defendants'
Common Law Unfair Competition, an accounting of Defendants' profits on infringement
sales and recovery of Plaintiffs costs and reasonable attorney's fees incurred in this action.
41. Defendants' acts are willful, wanton, and calculated to deceive, and are undertaken in bad

faith, making this an exceptional case and thereby entitling Plaintiff to recover additional
damages and reasonable attorney's fees.

42. Unless enjoined by this Court, Defendants' acts will irreparably injure Plaintiffs goodwill
and erode Plaintiffs market share. Plaintiff is entitled to permanent injunctive relief to
prevent Defendants' continuing acts.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter:

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A.

A judgment in favor of Plaintiff that Defendants have infringed U.S. Trademark

Registration No. 4,887,788 for WHITE HOUSE GIFT SHOP;

B.

A judgement and order that each Defendant, its agent, employees, representatives,

successors, and assigns and those acting in privity or in concert or in participation with them be
permanently enjoined from further infringement of U.S. Trademark Registration No. 4,887,788;

C.

A judgement and order that each Defendant, its agent, employees, representatives,

successors, and assigns and those acting in privity or in concert or in participation with them be

permanently enjoined from directly or indirectly falsely advertising or promoting that their
products are affiliated with the WHITE HOUSE GIFT SHOP;

D.

A judgement and order that each Defendant, its agent, employees, representatives,

successors, and assigns and those acting in privity or in concert or in participation with them be
permanentlyenjoined from making or inducing others to make any false, misleading, or deceptive
statements of fact or representation of fact in connection with the promotion, advertisements,

display, offer for sale, of their products in such a fashion as to suggest that there is any affiliation
between Defendants or their products with the WHITE HOUSE GIFT SHOP;

E.

A judgment in favor of Plaintiff that Defendants have infringed U.S. Trademark

Registration No. 4,887,789 for WHITE HOUSE GIFT SHOP. EST. 1946;

F.

A judgement and order that each Defendant, its agent, employees, representatives,

successors, and assigns and those acting in privity or in concert or in participation with them be
permanently enjoined from further infringement of U.S. Trademark Registration No. 4,887,789;

G.

A judgement and order that each Defendant, its agent, employees, representatives,

successors, and assigns and those acting in privity or in concert or in participation with them be

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permanently enjoined from directly or indirectly falsely advertising or promoting that their
products are affiliated with the WHITE HOUSE GIFT SHO. EST. 1946;
H.

A judgement and order that each Defendant, its agent, employees, representatives,

successors, and assigns and those acting in privity or in concert or in participation with them be
permanently enjoined from making or inducing others to make any false, misleading, or deceptive
statements of fact or representation of fact in connection with the promotion, advertisements,

display, offer for sale, of their products in such a fashion as to suggest that there is any affiliation
between Defendants or their products with the WHITE HOUSE GIFT SHOP. EST. 1946;
I.

A judgment and order that each Defendant, its agent, employees, representatives,

successors, and assigns and those acting in privity or in concert or in participation with them be
permanently enjoined from falsely advertising its products;

J.

A judgment and order that each Defendant, its agent, employees, representatives,

successors, and assigns and those acting in privity or in concert or in participation with them be
permanently enjoined from unfairly competing with GSE;
K.

A judgment and order that each Defendant, its agent, employees, representatives,

successors, and assigns and those acting in privity or in concert or in participation with them be
permanently enjoined from unfairly competing with GSE under the common law;
L.

A judgment and order requiring Defendants to pay Plaintiff all of its reasonable

attorneys' fees, costs and expenses, including those available under 15 U.S.C. 1117(a) and any
other applicable law;

M.

A judgement and order requiring Defendants to pay Plaintiffs pre-judgment and

post-judgment interest on damages awarded and assessing all costs of this action against
Defendants; and/or

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N.

Any and all other relief, at law or equity, to which Plaintiff may show itself to be

entitled.
DEMAND FOR JURY TRIAL

GSE, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of any
issues so triable by right.

DATED February 24,2016.

Respectfully submitted.
By:
Steven War (VSB # 45048)

McNeely, Hare & War LLP

5335 Wisconsin Ave, NW, Suite 440
Washington, DC 20015
Tel: (202) 536-5877
Fax: (202) 478-1813
e-mail: seve@miplaw.com
ATTORNEY FOR PLAINTIFF GIANNINI

STRATEGIC ENTERPRISES, LLC