Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1230356
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`Filing date:
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`08/19/2022
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
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`91276124
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`Party
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`Correspondence
`address
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`Submission
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`Filer's name
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`Filer's email
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`Signature
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`Date
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`Attachments
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`Plaintiff
`Reliant Capital Solutions, LLC
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`BEVERLY A MARSH
`STANDLEY LAW GROUP LLP
`6300 RIVERSIDE DRIVE
`DUBLIN, OH 43017
`UNITED STATES
`Primary email: trademarks@standleyllp.com
`Secondary email(s): trademarks@standleyllp.com, jstandley@standleyllp.com,
`dbarnett@standleyllp.com, bmarsh@standleyllp.com
`614-792-5555
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`Other Motions/Submissions
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`Beverly A. Marsh
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`bmarsh@standleyllp.com, trademarks@standleyllp.com, jstand-
`ley@standleyllp.com
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`/Beverly A. Marsh/
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`08/19/2022
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`Notice of Litigation Proceedings.pdf(130481 bytes )
`Exhibit A - Complaint and Attachments.pdf(1299854 bytes )
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`
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`ESTTA Tracking number:
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`ESTTA1230356
`
`Filing date:
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`08/19/2022
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
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`91276124
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`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
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`Plaintiff
`Reliant Capital Solutions, LLC
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`BEVERLY A MARSH
`STANDLEY LAW GROUP LLP
`6300 RIVERSIDE DRIVE
`DUBLIN, OH 43017
`UNITED STATES
`Primary email: trademarks@standleyllp.com
`Secondary email(s): trademarks@standleyllp.com, jstandley@standleyllp.com,
`dbarnett@standleyllp.com, bmarsh@standleyllp.com
`614-792-5555
`
`Other Motions/Submissions
`
`Beverly A. Marsh
`
`bmarsh@standleyllp.com, trademarks@standleyllp.com, jstand-
`ley@standleyllp.com
`
`/Beverly A. Marsh/
`
`08/19/2022
`
`Notice of Litigation Proceedings.pdf(130481 bytes )
`Exhibit A - Complaint and Attachments.pdf(1299854 bytes )
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`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`
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`IN THE MATTER OF APPLICATION SERIAL NOS.: 90/704,243 AND 90/704,172
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`MARKS: RELIANT and RELIANT (plus design)
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`PUBLISHED IN THE OFFICIAL GAZETTE ON: March 22, 2022 and May 10, 2022
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`
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`Reliant Capital Solutions, LLC
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`
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`Opposer,
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`v.
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`Ram Payment, LLC
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`OPPOSITION NO. 91276124
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`Applicant.
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`NOTICE OF RELATED LITIGATION PROCEEDINGS
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`
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`In accordance with the Board’s Notice issued May 11, 2022, Opposer, Reliant Capital
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`Solutions, LLC, hereby notifies the Board that the parties to this proceeding are involved in a civil
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`action involving the same and/or related marks. The civil action, which has been filed in the United
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`States District Court for the Southern District of Ohio, is styled Reliant Capital Solution, LLC v.
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`Ram Payment, LLC, Case No. 2:22-cv-03047-ALM-KAJ. A copy of the complaint is attached as
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`Exhibit A. Opposer, who is the Plaintiff in the civil action, has brought claims of trademark
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`infringement, false designation of origin, unfair competition, and deceptive trade practices against
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`Applicant (the Defendant), in connection with Applicant’s use of the RELIANT mark.
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`August 19, 2022
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`Respectfully submitted,
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`By:
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`/Beverly A. Marsh/
`Jeffrey S. Standley
`Beverly A. Marsh
`all of whom are Ohio attorneys
`STANDLEY LAW GROUP LLP
`6300 Riverside Drive
`Dublin, Ohio 43017
`Telephone: (614) 792-5555
`Facsimile: (614) 792-5536
`E-mail: jstandley@standleyllp.com
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` bmarsh@standleyllp.com
` trademarks@standleyllp.com
`Attorneys for Reliant Capital Solutions, LLC
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`
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`CERTIFICATE OF SERVICE
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`
`
`
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`I hereby certify that a true and complete copy of the foregoing Notice of Related
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`Litigation Proceedings has been served via email upon the following counsel for applicant this
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`19th day of August 2022:
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`Jennifer M. Mikulina, Esq.
`jmikulina@mwe.com
`ipdocketchicago@mwe.com
`
`Abigail Rubinstein, Esq.
`arubinstein@mwe.com
`
`Robert Zelnick, Esq.
`rzelnick@mwe.com
`zbeal@mwe.com
`ipdocketmwe@mwe.com
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`
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`/Beverly A. Marsh/
`Beverly A. Marsh
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`
`TTAB Opposition Proceeding No. 91276124
`Reliant Capital Solutions, LLC v.
`Ram Payment, LLC
`
`OPPOSER'S EXHIBIT A
`
`
`
`TTAB Opposition Proceeding No. 91276124
`Reliant Capital Solutions, LLC v.
`Ram Payment, LLC
`Case: 2:22-cv-03047-ALM-KAJ Doc #: 1 Filed: 08/05/22 Page: 1 of 21 PAGEID #: 1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF OHIO
`
`
`
`
`
`Reliant Capital Solutions, LLC
`
`670 Cross Pointe Road
`
`
`Gahanna, Ohio 43230
`
`
`
`
`
`
`
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`
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`
`
`
`
`Plaintiff
`
`
`
`
`
`
`
`
`
`v.
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`
`
`
`
`
`
`
`
`
`Ram Payment, LLC,
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`412 North Cedar Bluff Road, Ste 400
`Knoxville, Tennessee 37923
`
`
`
`
`
`
`Case No. 2:22-cv-3047
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`JURY DEMAND ENDORSED HEREON
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`
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`:
`:
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`:
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`:
`:
`:
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`:
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`:
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`Defendant
`________________________________________
`
`
`
`
`
`
`COMPLAINT FOR TRADEMARK INFRINGEMENT, UNFAIR COMPETITION,
`FALSE DESIGNATION OF ORIGIN, AND DECEPTIVE TRADE PRACTICES
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`Plaintiff, Reliant Capital Solutions, LLC (“Reliant” or “Plaintiff”), by and through its
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`
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`counsel and for its complaint, hereby alleges as follows against the defendant, Ram Payment,
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`LLC (“RAM” or “Defendant”):
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`NATURE OF THE ACTION
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`1. This is an action for trademark infringement and unfair competition under federal law
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`and under the statutory and the common law of the state of Ohio.
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`2. Plaintiff brings this action to prevent and halt consumer confusion and mistake as to
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`the source, affiliation or sponsorship of Plaintiff’s services on one hand, and
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`Defendant’s services on the other hand, stemming from the infringement of Plaintiff’s
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`
`
`Exhibit A Page 1 of 28
`
`
`
`TTAB Opposition Proceeding No. 91276124
`Reliant Capital Solutions, LLC v.
`Ram Payment, LLC
`Case: 2:22-cv-03047-ALM-KAJ Doc #: 1 Filed: 08/05/22 Page: 2 of 21 PAGEID #: 2
`
`
`
`
`
`RELIANT trademark and acts of deceptive trade practices, false designation of
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`origin, and unfair competition by Defendant.
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`3. Plaintiff seeks preliminary and permanent injunctive relief as well as monetary relief
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`for Defendant’s infringement of Plaintiff’s trademark rights and Defendant’s acts of
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`unfair competition.
`
`THE PARTIES
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`4. Plaintiff, Reliant Capital Solutions, LLC, is an Ohio limited liability company with its
`
`principal place of business in Gahanna, Ohio.
`
`5. Upon information and belief, Defendant Ram Payment, LLC, is a Delaware limited
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`liability company having a place of business in Knoxville, Tennessee.
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`JURISDICTION AND VENUE
`
`6. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§
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`1331 and 1338 and 15 U.S.C. § 1121, and supplemental jurisdiction pursuant to 28
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`U.S.C. § 1367.
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`7. Plaintiff’s claims are based on the Lanham Act, 15 U.S.C. § 1051 et seq., and
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`substantial and related claims under the statutory and common law of the state of
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`Ohio.
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`8. Venue is proper in this District pursuant to 28 U.S.C. § 1391 (b) because, upon
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`information and belief, a substantial part of the events or omissions giving rise to the
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`claims occurred in this District and a substantial part of property that is the subject of
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`the action is situated in this District.
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`9. Defendant registered with the Ohio Secretary of State as a Foreign Limited Liability
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`Company in 2020.
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`2
`
`Exhibit A Page 2 of 28
`
`
`
`TTAB Opposition Proceeding No. 91276124
`Reliant Capital Solutions, LLC v.
`Ram Payment, LLC
`Case: 2:22-cv-03047-ALM-KAJ Doc #: 1 Filed: 08/05/22 Page: 3 of 21 PAGEID #: 3
`
`
`
`
`
`10. Defendant obtained a Money Transmitter License from the Ohio Department of
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`Commerce in 2021.
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`11. Personal jurisdiction is proper in this District at least because Defendant regularly
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`conducts business within the state of Ohio and within this District.
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`12. Defendant’s unlawful acts that are the subject of this Complaint include acts that were
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`purposefully committed within the state of Ohio and within this District.
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`13. Personal jurisdiction is also proper in this District because Defendant’s services are
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`advertised and offered within the state of Ohio and within this District, which
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`advertising and services are the subject of this litigation.
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`FACTUAL ALLEGATIONS
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`Plaintiff and the Asserted RELIANT Marks
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`14. Plaintiff is an accounts receivable management company which was founded in 2007.
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`15. Since 2007, Plaintiff has provided accounts receivable management services in United
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`States commerce under the RELIANT mark (hereinafter the “RELIANT Mark”).
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`16. The services offered by Plaintiff under the RELIANT Mark in commerce include, but
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`are not limited to, debt collections, student loan recovery and servicing, accepting
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`Automated Clearing House (ACH) payments and payments via credit and debit cards,
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`asset recovery, contact center outsourcing, real-time graphical reporting, contact
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`specialist monitoring and coaching, digital call recording, skip tracing, asset searches,
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`customer phone campaigns, legal payment processing, payment monitoring programs,
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`cure programs, customized reporting, and pre-collection services (hereinafter
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`collectively “the RELIANT services”).
`
`3
`
`Exhibit A Page 3 of 28
`
`
`
`TTAB Opposition Proceeding No. 91276124
`Reliant Capital Solutions, LLC v.
`Ram Payment, LLC
`Case: 2:22-cv-03047-ALM-KAJ Doc #: 1 Filed: 08/05/22 Page: 4 of 21 PAGEID #: 4
`
`
`
`
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`17. The industries to which Plaintiff provides the RELIANT services include, but are not
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`limited to: higher education institutions, financial institutions, government, retail,
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`automotive, healthcare, and commercial.
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`18. Plaintiff’s use of the RELIANT Mark in commerce in conjunction with its provision of
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`the RELIANT services has been continuous and uninterrupted since 2007.
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`19. On September 18, 2015, Plaintiff filed U.S. Application Serial No. 86/761,253 (“the
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`’253 Application”) to register the mark RELIANT CAPITAL SOLUTIONS, LLC as
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`associated with “debt collection; debt recovery and collection agencies” services in
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`international class 036.
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`20. The ’253 Application was filed based on Plaintiff’s use of the mark in commerce since
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`at least as early as January 23, 2007.
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`21. On February 7, 2017, the ’253 Application registered as U.S. Registration No.
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`5,135,368 (“the ’368 Registration”), a true and accurate copy of which is hereby
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`attached as Exhibit A.
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`22. The ’368 Registration is owned by Plaintiff.
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`23. The ‘368 Registration has acquired incontestable status.
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`24. “RELIANT” is the dominant feature of the RELIANT CAPITAL SOLUTIONS, LLC
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`mark registered under the ’368 Registration.
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`25. In addition to its registered trademark rights, Plaintiff has substantial common law
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`rights in the RELIANT Mark throughout the United States as associated with at least
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`the RELIANT services.
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`26. Plaintiff is commercially known and referred to as RELIANT.
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`4
`
`Exhibit A Page 4 of 28
`
`
`
`TTAB Opposition Proceeding No. 91276124
`Reliant Capital Solutions, LLC v.
`Ram Payment, LLC
`Case: 2:22-cv-03047-ALM-KAJ Doc #: 1 Filed: 08/05/22 Page: 5 of 21 PAGEID #: 5
`
`
`
`
`
`27. Plaintiff utilizes RELIANT in conjunction with its provision of the RELIANT services
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`in different ways, including as part of the logos shown below (collectively referred to
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`herein as “the RELIANT Logos”):
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`CAPITAL SOLUTIONS , LLC
`
`
`
`C
`
`IT
`
`S
`
`
`I:. TONS
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`28. RELIANT is the dominant feature of Plaintiff’s trademarks, including the RELIANT
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`Logos.
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`29. The RELIANT CAPITAL SOLUTIONS, LLC mark of the ’368 Registration, the
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`RELIANT Logos, and the RELIANT Mark as otherwise utilized by Plaintiff
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`(collectively the “Asserted RELIANT Marks”) are used by Plaintiff in commerce in
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`connection with the RELIANT Services.
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`30. Plaintiff
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`conducts
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`business
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`online
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`and maintains
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`a website
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`at
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`www.reliantcapitalsolutions.com, where Plaintiff advertises its services in connection
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`with the RELIANT Mark and also processes payments on behalf of its customers.
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`31. Plaintiff
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`advertises
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`and promotes
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`its business on Facebook via
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`the
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`@ReliantCapitalSolutions account, and on Linkedin as “Reliant Capital Solutions.”
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`5
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`Exhibit A Page 5 of 28
`
`
`
`TTAB Opposition Proceeding No. 91276124
`Reliant Capital Solutions, LLC v.
`Ram Payment, LLC
`Case: 2:22-cv-03047-ALM-KAJ Doc #: 1 Filed: 08/05/22 Page: 6 of 21 PAGEID #: 6
`
`
`
`
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`32. In conjunction with advertising and marketing the RELIANT services, Plaintiff attends
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`and participates in various industry trade shows, including the Receivables
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`Management Association International (RMAI) conference.
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`33. Trade shows are an important sales and marketing channel for Plaintiff, and Plaintiff
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`participates in trade shows associated with the accounts receivable management and
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`debt resolution industries.
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`34. Over the years, Plaintiff has spent a considerable amount of money and has exercised
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`great effort in advertising and establishing the RELIANT Marks in the minds of
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`consumers throughout the United States and throughout the world as an identifier of
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`RELIANT’s high-quality services.
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`35. The RELIANT Mark is widely recognized by the relevant consuming public of the
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`United States as a designation of the source of the goods and services of Plaintiff.
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`36. Plaintiff refers to itself, and has referred to itself, as “Reliant.”
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`37. Plaintiff is known and referred to by others, and has been known and referred to by
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`others, as “Reliant.”
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`38. Plaintiff has built considerable goodwill in the Asserted RELIANT Marks through its
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`continuous use of the Asserted RELIANT Marks in commerce.
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`Defendant and its Rebranding to “Reliant”
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`39. Upon information and belief, Defendant was formed in October of 2018.
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`40. Defendant provides debt relief payment processing services.
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`41. Apart from debt relief companies, Defendant provides services to debt relief
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`companies and creditors in a variety of industries, including attorneys, bankruptcy
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`trustees, and tax resolution providers.
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`6
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`Exhibit A Page 6 of 28
`
`
`
`TTAB Opposition Proceeding No. 91276124
`Reliant Capital Solutions, LLC v.
`Ram Payment, LLC
`Case: 2:22-cv-03047-ALM-KAJ Doc #: 1 Filed: 08/05/22 Page: 7 of 21 PAGEID #: 7
`
`
`
`
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`42. Defendant has provided services to student loan debt relief service providers.
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`43. Defendant has performed payment processing for student loan debt relief service
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`providers.
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`44. Prior to 2021, Defendant was commercially known as “RAM.”
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`45. Prior to 2021, Defendant’s services were advertised in connection with the following
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`logo:
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`~ RAM
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`REL.I AN r ACCOlJ:--1 I M \!',.,\(., < \.(cid:141) ( N r
`
`
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`46. Prior to 2021, Defendant’s services were marketed and advertised via the website
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`ramservicing.com.
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`47. Prior to 2021, Defendant referred to itself as “RAM.”
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`48. Defendant rebranded itself from “RAM” to “Reliant” in 2021.
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`49. In spring 2021, Defendant posted on Linkedin that “[w]e are proud to announce that
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`Reliant Account Management (or “RAM”) has rebranded to “Reliant.”
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`50. By spring of 2021, Defendant began using the website domain reliantpayment.com.
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`51. By spring of 2021, the domain ramservicing.com was redirecting visitors to the
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`domain reliantpayment.com.
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`52. On May 11, 2021, Defendant filed U.S. Trademark Application No. 90704243 (the
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`’243 Application) for the mark RELIANT.
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`53. The ’243 Application was filed in International Class 036 and currently recites the
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`following services: “Financial services, namely, electronic funds transfer via electronic
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`communications networks. Financial transaction services, namely, providing secure
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`7
`
`Exhibit A Page 7 of 28
`
`
`
`TTAB Opposition Proceeding No. 91276124
`Reliant Capital Solutions, LLC v.
`Ram Payment, LLC
`Case: 2:22-cv-03047-ALM-KAJ Doc #: 1 Filed: 08/05/22 Page: 8 of 21 PAGEID #: 8
`
`
`
`
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`commercial transactions and payment options via electronic communications
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`networks; none of the recited services are for use in connection with the provision of
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`physical rehabilitation services or the provision of other healthcare and medical
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`services.”
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`54. The ’243 Application was filed based on use in commerce and alleges a first use date
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`of April 6, 2021.
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`55. On May 11, 2021, Defendant also filed U.S. Trademark Application No. 90704172
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`(the ’172 Application) for the following mark:
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`ｾ＠Reliant
`
`
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`56. The ’172 Application was filed based on use in commerce and alleges a first use date
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`of April 6, 2021.
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`57. According to the ’172 Application, the mark consists in part of “a drawing of a ram.”
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`58. Ram Payment, LLC is listed as the owner of both the ’243 Application and the ’172
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`Application.
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`59. Actual confusion has occurred as a result of Defendant’s rebranding and present use
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`of RELIANT.
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`60. Since Defendant’s rebranding, Plaintiff has been contacted by actual and prospective
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`customers who mistakenly believed that an employee of Defendant was employed by
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`Plaintiff.
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`61. In July 2021, Plaintiff’s counsel wrote to Defendant, informing Defendant that since
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`Defendant’s rebranding from RAM to RELIANT Plaintiff had experienced confusion
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`8
`
`Exhibit A Page 8 of 28
`
`
`
`TTAB Opposition Proceeding No. 91276124
`Reliant Capital Solutions, LLC v.
`Ram Payment, LLC
`Case: 2:22-cv-03047-ALM-KAJ Doc #: 1 Filed: 08/05/22 Page: 9 of 21 PAGEID #: 9
`
`
`
`
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`between Plaintiff and Defendant, and requesting that Defendant cease use of
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`RELIANT.
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`62. However, Defendant did not agree to cease using RELIANT, and did not cease use of
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`RELIANT, and Defendant continues to advertise and market, operate website and
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`social media that utilizes the RELIANT mark.
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`63. On May 11, 2022, the Consumer Federal Protection Bureau (CFPB) issued a Consent
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`Order against Defendant and other respondents, identifying that Defendant and other
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`respondents had, among other things, violated provisions of the Consumer Financial
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`Protection Act of 2010.
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`64. The CFPB has ordered Defendant and other respondents jointly and severally liable
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`for over $8M in redress.
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`65. The CFPB has also ordered Defendant jointly and severally liable with the other
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`respondents for paying a $3M penalty, to be deposited into the CFPB’s victims’ relief
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`fund.
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`66. The May 11, 2022 Consent Order was publicized on the Consumer Financial
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`Protection Bureau website.
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`67. News of the May 11, 2022 Consent Order and the related CFPB’s enforcement action
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`against Defendant has been publicized on a variety of websites.
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`68. Since May 11, 2022, Plaintiff has been contacted by at least one client who saw news
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`about the enforcement proceedings against Defendant and was confused as to whether
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`Plaintiff was involved in the enforcement proceedings or not.
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`69. Plaintiff is suffering, and will continue to suffer, irreparable harm if Defendant
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`continues to use the RELIANT brand.
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`9
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`Exhibit A Page 9 of 28
`
`
`
`TTAB Opposition Proceeding No. 91276124
`Reliant Capital Solutions, LLC v.
`Ram Payment, LLC
`Case: 2:22-cv-03047-ALM-KAJ Doc #: 1 Filed: 08/05/22 Page: 10 of 21 PAGEID #: 10
`
`
`
`
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`70. Defendant’s reputation in the industry, particularly after the recent May 11, 2022
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`Consent Order, is causing irreparable harm to Plaintiff’s reputation to the extent that
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`consumers incorrectly believe that Plaintiff was the one fined and otherwise
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`sanctioned by the Consumer Federal Protection Bureau for legal violations.
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`COUNT I –INFRINGEMENT OF
`FEDERALLY REGISTERED TRADEMARK (15 USC § 1114)
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`71. Plaintiff incorporates and realleges, as if fully stated herein, the allegations of
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`Paragraphs 1 through 70.
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`72. Plaintiff is the owner of a federally registered trademark for RELIANT CAPITAL
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`SOLUTIONS, LLC as associated with “debt collection; debt recovery and collection
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`agencies.”
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`73. Defendant provides debt relief payment processing services in connection with the
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`RELIANT mark.
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`74. Defendant’s use of the RELIANT mark in connection with debt relief payment
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`processing services is likely to confuse consumers into believing that Defendant’s
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`services are provided by, sponsored by, connected to, affiliated with, or associated
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`with Plaintiff, when in fact they are not.
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`75. Actual confusion between Plaintiff and Defendant has already occurred as a result of
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`Defendant’s use of the RELIANT mark.
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`76. Defendant’s use of the RELIANT mark infringes on the registered rights of Plaintiff,
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`and is a violation of 15 U.S.C. § 1114.
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`77. Pursuant to 15 U.S.C. § 117(a), Plaintiff should be awarded its damages sustained as
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`well as its reasonable attorneys’ fees and costs.
`
`10
`
`Exhibit A Page 10 of 28
`
`
`
`TTAB Opposition Proceeding No. 91276124
`Reliant Capital Solutions, LLC v.
`Ram Payment, LLC
`Case: 2:22-cv-03047-ALM-KAJ Doc #: 1 Filed: 08/05/22 Page: 11 of 21 PAGEID #: 11
`
`
`
`
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`78. Plaintiff’s remedies under 15 U.S.C. § 1117(a) are not sufficient to fully protect
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`Plaintiff’s continuing interest in preserving and protecting its RELIANT CAPITAL
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`SOLUTIONS, LLC against future infringement by Defendant. Plaintiff is entitled to
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`an injunction against Defendant’s continued or future use of the RELIANT
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`CAPITAL SOLUTIONS, LLC mark, or any colorable imitation or confusingly
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`similar variation to the RELIANT CAPITAL SOLUTIONS, LLC mark, pursuant to
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`15 U.S.C. § 1116. Plaintiff is also entitled to an injunction prohibiting any other
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`infringing use or unfair competition by Defendant in connection with the RELIANT
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`CAPITAL SOLUTIONS, LLC mark. Pursuant to 15 U.S.C. § 1116, irreparable harm
`
`is presumed if this Court finds that Plaintiff has a likelihood of success on the merits
`
`or finds a violation of Plaintiff’s rights.
`
`79. Plaintiff is entitled to a preliminary and permanent injunction against Defendant as
`
`well as all other remedies available under the Lanham Act, including, but not limited
`
`to, compensatory damages, treble damages, disgorgement of profits, and costs and
`
`attorneys’ fees.
`
`COUNT II – FEDERAL UNFAIR COMPETITION AND FALSE DESIGNATION
`OF ORIGIN OR SPONSORSHIP (15 U.S.C. § 1125 (a)(1)(A))
`
`
`80. Plaintiff incorporates and realleges as if stated fully herein the allegations of
`
`Paragraphs 1 through 79.
`
`81. Plaintiff’s Asserted RELIANT Marks are well-established and serve to identify the
`
`services emanating from, sponsored by, approved by, authorized by, associated with,
`
`or affiliated with Plaintiff.
`
`11
`
`Exhibit A Page 11 of 28
`
`
`
`TTAB Opposition Proceeding No. 91276124
`Reliant Capital Solutions, LLC v.
`Ram Payment, LLC
`Case: 2:22-cv-03047-ALM-KAJ Doc #: 1 Filed: 08/05/22 Page: 12 of 21 PAGEID #: 12
`
`
`
`
`
`82. The RELIANT mark utilized by Defendant is confusingly similar to Plaintiff’s
`
`Asserted RELIANT Marks.
`
`83. Defendant uses its RELIANT mark in connection with debt relief payment processing
`
`services and related advertising in a manner that is likely to confuse, mislead, or
`
`deceive customers, purchasers, and members of the general public as to the origin,
`
`source, sponsorship, or affiliation of Defendant’s goods and services and is likely to
`
`cause consumers to erroneously believe that Defendant’s services have been
`
`authorized, sponsored, approved, endorsed, or licensed by Plaintiff or that
`
`Defendant’s services are in some way affiliated with Plaintiff’s services.
`
`84. Defendant’s use of the RELIANT Mark in connection with debt relief payment
`
`processing services and related advertising constitutes false designation of origin
`
`and/or sponsorship and unfair competition in violation of § 43(a) of the Lanham Act,
`
`15 U.S.C. § 1125(a).
`
`85. As a direct and proximate result of Defendant’s actions, Plaintiff has suffered and will
`
`continue to suffer irreparable harm to Plaintiff’s Asserted RELIANT Marks, and to
`
`Plaintiff’s business, goodwill, reputation, and profits.
`
`86. Defendant’s acts have been and will continue to be deliberate, willful, and wanton,
`
`making this an exceptional case within the meaning of 15 U.S.C. § 1117(a).
`
`87. Plaintiff will continue to be irreparably harmed unless Defendant is restrained from
`
`further infringement of Plaintiff’s Asserted RELIANT Marks. An award of money
`
`damages alone cannot fully compensate Plaintiff for its injuries and Plaintiff lacks an
`
`adequate remedy at law.
`
`12
`
`Exhibit A Page 12 of 28
`
`
`
`TTAB Opposition Proceeding No. 91276124
`Reliant Capital Solutions, LLC v.
`Ram Payment, LLC
`Case: 2:22-cv-03047-ALM-KAJ Doc #: 1 Filed: 08/05/22 Page: 13 of 21 PAGEID #: 13
`
`
`
`
`
`88. Plaintiff is entitled to a preliminary and permanent injunction against Defendant as
`
`well as all other remedies available under the Lanham Act, including, but not limited
`
`to, compensatory damages, treble damages, disgorgement of profits, and costs and
`
`attorneys’ fees.
`
`COUNT III – VIOLATION OF OHIO DECEPTIVE TRADE PRACTICES ACT
`(O.R.C. §4165.02)
`
`
`89. Plaintiff incorporates and realleges as if stated fully herein the allegations of
`
`Paragraphs 1 through 88.
`
`90. Defendant has used and continues to use Plaintiff’s RELIANT mark (and/or colorable
`
`imitations thereof) in connection with debt relief payment processing services and
`
`related advertising in a manner that is likely to confuse, mislead, or deceive
`
`customers, purchasers, and members of the general public as to the origin, source,
`
`sponsorship, or affiliation of Defendant’s services and is likely to cause consumers to
`
`erroneously believe that Defendant’s services have been authorized, sponsored,
`
`approved, endorsed, or licensed by Plaintiff or that Defendant’s services are in some
`
`way affiliated with Plaintiff’s services.
`
`91. Defendant’s use of the RELIANT mark in providing debt relief payment processing
`
`services and related advertising constitutes deceptive trade practices in violation of
`
`O.R.C. § 4165.02(A)(1), (2), (3), and (7).
`
`92. As a direct and proximate result of Defendant’s actions, Plaintiff has suffered and will
`
`continue to suffer irreparable harm to the Asserted RELIANT Marks and to Plaintiff’s
`
`business, goodwill, reputation, and profits.
`
`13
`
`Exhibit A Page 13 of 28
`
`
`
`TTAB Opposition Proceeding No. 91276124
`Reliant Capital Solutions, LLC v.
`Ram Payment, LLC
`Case: 2:22-cv-03047-ALM-KAJ Doc #: 1 Filed: 08/05/22 Page: 14 of 21 PAGEID #: 14
`
`
`
`
`
`93. Plaintiff will continue to be irreparably harmed unless Defendant is restrained from
`
`further infringement of Plaintiff’s Asserted RELIANT Marks. An award of money
`
`damages alone cannot fully compensate Plaintiff for its injuries and Plaintiff lacks an
`
`adequate remedy at law.
`
`94. Defendant’s deceptive trade practices have been and continue to be deliberate,
`
`willful, and wanton.
`
`95. The Court should award Plaintiff its reasonable attorneys’ fees pursuant to O.R.C. §
`
`4165.03.
`
`96. Plaintiff is entitled to a preliminary and permanent injunction against Defendant
`
`pursuant to O.R.C. § 4165.03 as well as all other remedies available, including, but
`
`not limited to, compensatory damages, treble damages, disgorgement of profits and
`
`costs and attorneys’ fees. See O.R.C. § 4165.03(C).
`
`COUNT IV – UNFAIR COMPETITION UNDER THE
`COMMON LAW OF OHIO
`
`97. Plaintiff incorporates and realleges as if stated fully herein the allegations of
`
`Paragraphs 1 through 96.
`
`98. Plaintiff’s Asserted RELIANT Marks are well-established marks that serve to identify
`
`the services emanating from, sponsored by, approved by, authorized by, associated
`
`with, or affiliated with Plaintiff.
`
`99. The Asserted RELIANT Marks have been continuously utilized in commerce by
`
`Plaintiff for many years in conjunction with the provision of various services offered
`
`in interstate commerce and throughout the state of Ohio.
`
`14
`
`Exhibit A Page 14 of 28
`
`
`
`TTAB Opposition Proceeding No. 91276124
`Reliant Capital Solutions, LLC v.
`Ram Payment, LLC
`Case: 2:22-cv-03047-ALM-KAJ Doc #: 1 Filed: 08/05/22 Page: 15 of 21 PAGEID #: 15
`
`
`
`
`
`100. Defendant is offering its services under the RELIANT mark in the zone of
`
`penetration where consumers have come to identify the RELIANT mark as a source
`
`identifier for Plaintiff.
`
`101. Defendant uses the RELIANT Mark in connection with debt relief payment
`
`processing services and related advertising in a manner that is likely to confuse,
`
`mislead, or deceive customers, purchasers, and members of the general public,
`
`including those within the state of Ohio, as to the origin, source, sponsorship, or
`
`affiliation of Defendant’s services and such use is likely to cause, and has actually
`
`caused, consumers to erroneously believe that Defendant’s goods and services have
`
`been authorized, sponsored, approved, endorsed, or licensed by Plaintiff or that
`
`Defendant’s services are in some way affiliated with Plaintiff.
`
`102. Defendant’s use of the RELIANT Mark in connection with services and related
`
`advertising constitutes unfair competition under the common law of the state of Ohio.
`
`103. As a direct and proximate result of Defendant’s actions, Plaintiff has suffered and will
`
`continue to suffer irreparable harm to the Asserted RELIANT Marks and to Plaintiff’s
`
`business, goodwill, reputation, and profits.
`
`104. Plaintiff will continue to be irreparably harmed unless Defendant is restrained from
`
`further infringement of the Asserted RELIANT Marks. An award of money damages
`
`alone cannot fully compensate Plaintiff for its injuries and Plaintiff lacks an adequate
`
`remedy at law.
`
`105. Defendant’s foregoing acts of unfair competition have been and continue to be
`
`deliberate, willful, and wanton.
`
`15
`
`Exhibit A Page 15 of 28
`
`
`
`TTAB Opposition Proceeding No. 91276124
`Reliant Capital Solutions, LLC v.
`Ram Payment, LLC
`Case: 2:22-cv-03047-ALM-KAJ Doc #: 1 Filed: 08/05/22 Page: 16 of 21 PAGEID #: 16
`
`
`
`
`
`106. Plaintiff is entitled to a preliminary and permanent injunction against Defendant as
`
`well as all other remedies, including, but not limited to, compensatory damages,
`
`disgorgement of profits, and costs and attorneys’ fees.
`
`COUNT V – COMMON LAW TRADEMARK INFRINGEMENT
`
`107. Plaintiff incorporates and realleges as if stated fully herein, the allegations of
`
`Paragraphs 1 through 106.
`
`108. The Asserted RELIANT Marks are well-established marks that serve to identify the
`
`services emanating from, sponsored by, approved by, authorized by, associated with,
`
`or affiliated with Plaintiff.
`
`109. The Asserted RELIANT Marks have been utilized in commerce continuously by
`
`Plaintiff in conjunction with the provision of various services offered in interstate
`
`commerce and throughout the state of Ohio.
`
`110. Defendant uses the RELIANT Mark in connection with debt relief payment
`
`processing services and related advertising which are substantially identical to the
`
`services offered by Plaintiff.
`
`111. Defendant is offering its services under the RELIANT Mark, and advertising the
`
`same, in the zone of penetration where consumers have come to identify the mark as a
`
`source identifier for Plaintiff.
`
`112. Defendant uses the RELIANT Mark in connection with debt relief payment
`
`processing services and related advertising in a manner that is likely to confuse,
`
`mislead, or deceive customers, purchasers, and members of the general public,
`
`including those within the state of Ohio, as to the origin, source, sponsorship, or
`
`affiliation of Defendant’s services and is likely to cause consumers to erroneously
`
`16
`
`Exhibit A Page 16 of 28
`
`
`
`TTAB Opposition Proceeding No. 91276124
`Reliant Capital Solutions, LLC v.
`Ram Payment, LLC
`Case: 2:22-cv-03047-ALM-KAJ Doc #: 1 Filed: 08/05/22 Page: 17 of 21 PAGEID #: 17
`
`
`
`believe that Defendant’s goods and services have been authorized, sponsored,
`
`approved, endorsed, or licensed by Plaintiff or that Defendant’s services are in some
`
`way affiliated with Plaintiff’s services.
`
`113. Defendant’s use of the RELIANT Mark in providing debt relief payment processing
`
`services and related advertising constitutes trademark infringement under the
`
`common law of the state of Ohio.
`
`114. As a direct and proximate result of Defendant’s actions, Plaintiff has suffered and will
`
`continue to suffer irreparable harm to the Asserted RELIANT Marks and to Plaintiff’s
`
`business, goodwill, reputation, and profits.
`
`115. Plaintiff will continue to be irreparably harmed unless Defendant is restrained from
`
`further infringement of Plaintiff’s Asserted RELIANT Marks. An award of money
`
`damages alone cannot fully compensate Plaintiff for its injuries and Plaintiff lacks an
`
`adequate remedy at law.
`
`116. Defendant’s foregoing acts of trademark infringement have been and continue to be
`
`deliberate, willful, and wanton.
`
`117. Plaintiff is entitled to a preliminary and permanent injunction against Defendant as
`
`well as all other remedies, including but not limited to, compensatory damages,
`
`disgorgement of profits, and costs and attorneys’ fees.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff prays for judgment in its favor and against Defendant as
`
`follows:
`
`
`
`17
`
`Exhibit A Page 17 of 28
`
`
`
`TTAB Opposition Proceeding No. 91276124
`Reliant Capital Solutions, LLC v.
`Ram Payment, LLC
`Case: 2:22-cv-03047-ALM-KAJ Doc #: 1 Filed: 08/05/22 Page: 18 of 21 PAGEID #: 18
`
`
`
`
`
`1) A determination that Defendant has violated 15 U.S.C. § 1114(1) and 15 U.S.C.
`
`§ 1125(a)(1), that Plaintiff has been damaged by such violations, and that Defendant
`
`is liable to Plaintiff for such viol
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