Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1223721
`07/22/2022
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding No.
`
`91277460
`
`Filing Party
`
`Other Party
`
`Plaintiff
`Midwest Sports Supply, LLC, Tennis-Point GmbH
`
`Defendant
`TennisPoint.com Inc.
`
`Pending Motion
`
`There is no motion currently pending and no other motion is being filed concur-
`rent with this consent motion.
`
`Attachments
`
`Complaint.pdf(474832 bytes )
`Answer and Counterclaim.pdf(1097816 bytes )
`Answer to Counterclaim.pdf(413826 bytes )
`
`Consent Motion for Suspension in View of Civil Proceeding
`
`The parties are engaged in a civil action which may have a bearing on this proceeding. Accordingly, Midwest
`Sports Supply, LLC, Tennis-Point GmbH hereby requests suspension of this proceeding pending a final de-
`termination of the civil action. Trademark Rule 2.117.
`Midwest Sports Supply, LLC, Tennis-Point GmbH has secured the express consent of all other parties to this
`proceeding for the suspension requested herein.
`
`Certificate of Service
`
`The undersigned hereby certifies that a copy of this submission has been served upon all parties, at their ad-
`dress of record by Email on this date.
`Respectfully submitted,
`/Hans Mayer/
`Hans Mayer
`efiling@knobbe.com
`07/22/2022
`
`

`

`Case: 1:22-cv-00161-MRB Doc #: 1 Filed: 03/29/22 Page: 1 of 11 PAGEID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF OHIO
`
`MIDWEST SPORTS SUPPLY, LLC
`
`Plaintiff,
`
`v.
`
`TENNISPOINT.COM, INC.,
`
`Defendant.
`
`Case No. *
`
`Judge *
`
`JURY TRIAL DEMANDED
`
`COMPLAINT FOR DECLARATORY JUDGMENT
`
`Midwest Sports Supply, LLC brings this Complaint for Declaratory Judgment of non-
`
`infringement and no unfair competition against TennisPoint.com, Inc. (“TP.com”) and alleges as
`
`follows:
`
`I.
`
`NATURE OF THE ACTION
`
`1.
`
`This declaratory judgment action seeks to clarify Midwest Sports’ right to use the
`
`TENNIS-POINT and TENNIS POINT marks, including stylized versions thereof, such as
`
`, and
`
`, (collectively, the “Tennis-Point Marks”). This
`
`action is filed in response to various efforts that TP.com has undertaken to wrongfully prevent
`
`Midwest Sports from using the Tennis-Point Marks—including its demand letters and its lawsuit
`
`and motion for preliminary injunction in the United States District Court for the Northern
`
`District of Georgia. Midwest Sports has a reasonable apprehension that TP.com will file a
`
`similar lawsuit. This action will serve a useful purpose in clarifying and settling the legal
`
`relations in issue, and will terminate and afford relief from the uncertainty, insecurity, and
`
`-1-
`
`

`

`Case: 1:22-cv-00161-MRB Doc #: 1 Filed: 03/29/22 Page: 2 of 11 PAGEID #: 2
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`controversy giving rise to the proceeding. Accordingly, Midwest Sports is entitled to a
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`declaration that its use of the Tennis-Point Marks does not infringe TP.com’s alleged trademark
`
`rights or unfairly compete with TP.com.
`
`II.
`
`JURISDICTION AND VENUE
`
`2.
`
`This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.
`
`§§ 1331, 1332, 1338, 1367 and 2201, and 15 U.S.C. § 1121.
`
`3.
`
`This Court has personal jurisdiction over TP.com because TP.com has
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`purposefully availed itself of doing business in this judicial district, including by sending a
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`demand letter to, filing a lawsuit against, and negotiating with Midwest Sports – a resident of this
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`District. In addition, TP.com contends that more than 3,000 people in Ohio use software TP.com
`
`has allegedly provided under the marks TENNISPOINT and
`
` (“TP.com’s Marks”). In the demand letter and
`
`lawsuit referenced in this paragraph, TP.com accused Midwest Sports of infringing TP.com’s
`
`Marks, and the parties’ negotiations referenced in this paragraph addressed Midwest Sports’
`
`right to use the Tennis-Point Marks in light of TP.com’s alleged rights in TP.com’s Marks.
`
`4.
`
`Venue is proper in this judicial district under 28 U.S.C. § 1391 because a
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`substantial part of the events giving rise to this action occurred in this judicial district.
`
`Separately, venue is proper in this judicial district under 28 U.S.C. § 1391 because TP.com
`
`contends that more than 3,000 people throughout the state of Ohio use its software provided
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`under TP.com’s Marks.
`
`III.
`
`THE PARTIES
`
`5.
`
`Midwest Sports is a Delaware Limited Liability Company having its principal
`
`place of business at 11613 Reading Rd, Cincinnati, Ohio 45241.
`
`-2-
`
`

`

`Case: 1:22-cv-00161-MRB Doc #: 1 Filed: 03/29/22 Page: 3 of 11 PAGEID #: 3
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`6.
`
`TP.com is a Georgia corporation having its principal place of business at 3754
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`Waterlilly Way, Marietta, Georgia 30067.
`
`IV. GENERAL ALLEGATIONS
`
`A.
`
`Midwest Sports and the Tennis-Point brand
`
`7.
`
`Midwest Sports was founded in 1987 and has become one of the top three online
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`tennis retailers in the United States.
`
`8.
`
`The Tennis-Point brand was created in Germany more than two decades ago by
`
`tennis instructors Christian Miele and Thomas Welle. Miele and Welle opened a physical store
`
`devoted to tennis in 1998. In 2000, the two decided to brand that store “Tennis-Point.”
`
`9.
`
`Miele and Welle opened additional shops in 2002 and 2006. In November 2006,
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`they purchased the www.tennis-point.de and www.tennis-point.com domains. And in 2007, they
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`used those domains to launch online retail stores selling tennis gear and formed Tennis-Point
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`GmbH. In 2010, the .com website was converted to English.
`
`10.
`
`In 2008, Tennis-Point GmbH ran a television advertisement that was broadcast
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`during the 2008 Australian Open. The ad was seen by millions worldwide and was so successful
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`that the Tennis-Point server crashed due to increased traffic. Tennis-Point GmbH proceeded to
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`run additional television ads at the 2008 U.S. Open and, in 2009 and 2010, at the U.S., French,
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`and Australian Opens, and Wimbledon.
`
`11.
`
`Since then, Tennis-Point GmbH has continued to advertise at major tennis events
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`and to sponsor numerous tennis organizations.
`
`12.
`
`Tennis-Point GmbH continually promotes its brand through elite tennis athletes
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`such as Serena Williams, Rafael Nadal, and Roger Federer. In 2020, Tennis-Point GmbH was
`
`-3-
`
`

`

`Case: 1:22-cv-00161-MRB Doc #: 1 Filed: 03/29/22 Page: 4 of 11 PAGEID #: 4
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`announced as the official partner of the International Tennis Federation, the worldwide
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`governing body for women’s tennis.
`
`13.
`
`In March 2021, Tennis-Point GmbH became the Official Racket Sports Products
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`Retailer for the Association of Tennis Professionals in a multiyear exclusive partnership. The
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`ATP and ITF organize major events such as the Grand Slam tournaments and the tennis events at
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`the Summer Olympic and Paralympic Games.
`
`14.
`
`In 2017, SIGNA International Sports Holding GmbH acquired majority
`
`ownership of Tennis-Point GmbH.
`
`15.
`
`In 2018, SIGNA International Sports Holding GmbH transferred its shares in
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`Tennis-Point GmbH to SIGNA Sports United, GmbH.
`
`16.
`
`In 2021, SIGNA Sports United, GmbH acquired the remaining ownership interest
`
`in Tennis-Point GmbH.
`
`17.
`
`From 2009 to January 2021, Tennis-Point GmbH made over 3500 sales in the
`
`United States through its tennis-point.com website.
`
`18.
`
`In April 2021, SIGNA Sports United, GmbH acquired majority ownership of
`
`Midwest Sports with the understanding that Midwest Sports would thereafter rebrand to use the
`
`Tennis-Point Marks.
`
`19.
`
`After the acquisition, SIGNA Sports United, GmbH and Tennis-Point GmbH gave
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`Midwest Sports permission to use the Tennis-Point Marks. Subsequently, Midwest Sports
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`modified its branding to include TENNIS-POINT in addition to Midwest Sports. Further, users
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`who navigate to Midwest Sports’ prior website are directed to the long-standing www.tennis-
`
`point.com website.
`
`B.
`
`TP.com
`
`-4-
`
`

`

`Case: 1:22-cv-00161-MRB Doc #: 1 Filed: 03/29/22 Page: 5 of 11 PAGEID #: 5
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`20.
`
`TP.com sells software services for organizing tennis leagues.
`
`21.
`
`TP.com’s software is sold exclusively through its own website.
`
`22.
`
`TP.com has never sold tennis equipment or apparel.
`
`C.
`
`TP.com’s efforts to stop Midwest Sport’s use of the Tennis Point Marks
`
`23.
`
`By letter dated May 11, 2021, TP.com accused Tennis Point GmbH and Midwest
`
`Sports of infringing TP.com’s alleged common law trademark rights in TP.com’s Marks;
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`demanded that Midwest Sports immediately cease all use of the Tennis-Point Marks in the
`
`United States; and demanded that Tennis-Point GmbH expressly abandon its pending U.S. App.
`
`Ser. No. 90/269,132 for
`
`. The letter further requested written confirmation
`
`that “Tennis-Point GmbH, and its affiliates and related businesses, will cease and desist, both
`
`now and in the future, from the offering, distribution, sale, use, advertisement, promotion and/or
`
`marketing of all goods and services bearing or associated with ‘Tennis Point,’ and any mark
`
`confusingly similar with ‘Tennis Point,’ in the United States.”
`
`24.
`
`In or around June 2021, the parties began discussing possible resolution of the
`
`allegations raised by TP.com, but no agreement was reached.
`
`25.
`
`On December 7, 2021, approximately one week before SIGNA Sports United
`
`debuted on the New York Stock Exchange, TP.com sued Midwest Sports in the Northern District
`
`of Georgia for trademark infringement, Case No. 1:21-cv-05016-ELR, and immediately moved
`
`for a preliminary injunction.
`
`26.
`
`The complaint alleged that “TennisPoint.com is forced to file this action because
`
`Defendant Midwest Sports Supply, LLC refuses to discontinue use of clearly infringing
`
`trademarks.” TP.com (1) accused Midwest Sports of trademark infringement, false designation
`
`of origin, and unfair competition under Lanham Act § 43(a) (15 U.S.C. § 1125(a)), trademark
`
`-5-
`
`

`

`Case: 1:22-cv-00161-MRB Doc #: 1 Filed: 03/29/22 Page: 6 of 11 PAGEID #: 6
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`infringement under common law, and unfair competition and deceptive trade practices based on
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`Georgia law, and (2) sought a preliminary and permanent injunction, attorney’s fees and other
`
`litigation expenses, and punitive damages.
`
`27.
`
`The only evidence of sales that TP.com submitted to support its alleged common-
`
`law rights in the TP.com Marks was the conclusory declaration of its CEO. TP.com did not
`
`provide evidence of specific sales that could prove whether and when it established trademark
`
`rights in any particular state.
`
`28. When Midwest Sports opposed TP.com’s preliminary injunction motion, Midwest
`
`Sports explained, among other things, that (1) its sister company, Tennis-Point GmbH, has been
`
`using its TENNIS-POINT mark to sell tennis gear in Europe since 2000, well before TP.com
`
`began using “TennisPoint” in 2007; (2) Tennis-Point GmbH, has been selling tennis gear in the
`
`U.S. under the TENNIS-POINT mark for over a decade; and (3) the www.tennis-point.com
`
`website, under which Midwest Sports now operates, was registered in November 2006, long
`
`before TP.com registered its www.tennispoint.com website in June 2007. Nevertheless, TP.com
`
`continued to assert that Midwest Sports was infringing TP.com’s alleged common-law trademark
`
`rights and unfairly competing by using the Tennis-Point Marks.
`
`29.
`
`On January 27, 2022, Judge Ross heard oral argument on TP.com’s preliminary
`
`injunction motion.
`
`30.
`
`At the time of the hearing, Midwest Sports had not answered the Complaint, and
`
`its Answer was due on January 31, 2022. A few hours after the hearing, however, TP.com
`
`offered a 30-day extension for Midwest to file its Answer.
`
`-6-
`
`

`

`Case: 1:22-cv-00161-MRB Doc #: 1 Filed: 03/29/22 Page: 7 of 11 PAGEID #: 7
`
`31.
`
`On January 27, 2022, the parties filed a joint stipulation and proposed order to
`
`extend the deadline for Midwest Sports to answer the Complaint until March 2, 2022. On
`
`January 28, 2022, Judge Ross entered the proposed order.
`
`32.
`
`On January 31, 2022, Judge Ross held that TP.com had failed to establish a
`
`likelihood of success on the merits and denied TP.com’s preliminary injunction motion.
`
`33.
`
`The next day, TP.com voluntarily dismissed its Complaint. Because Midwest
`
`Sports had neither answered the Complaint nor moved for summary judgment, the dismissal was
`
`automatically without prejudice. Nevertheless, TP.com’s one-page notice of dismissal explicitly
`
`referred to the fact that the dismissal was “without prejudice” three times.
`
`34.
`
`TP.com’s actions as alleged above have given Midwest Sports a reasonable
`
`apprehension that TP.com will sue it again for using the Tennis Point marks, which has created a
`
`controversy between the parties regarding Midwest Sports’ right to continue using the Tennis-
`
`Point Marks. Midwest Sports faces a real and imminent threat that TP.com will refile a lawsuit
`
`with claims of infringement and unfair competition in relation to TP.com’s Marks. This action
`
`will serve a useful purpose in clarifying and settling the legal relations at issue, and will
`
`terminate and afford relief from the uncertainty, insecurity, and controversy giving rise to the
`
`proceeding. Such a justiciable controversy warrants immediate declaratory relief.
`
`D.
`
`There no likelihood of confusion between the parties’ marks
`
`35.
`
`Besides being unable to establish nationwide priority, TP.com cannot establish a
`
`likelihood of confusion between TP.com’s use of TP.com’s Marks and Midwest Sports’ use of
`
`the Tennis-Point Marks.
`
`-7-
`
`

`

`Case: 1:22-cv-00161-MRB Doc #: 1 Filed: 03/29/22 Page: 8 of 11 PAGEID #: 8
`
`36.
`
`For example, TP.com’s Marks are commercially and conceptually weak. The
`
`mark is composed of two words – “tennis” and “point” – that are heavily associated with tennis.
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`TP.com has also had feeble sales under its marks.
`
`37.
`
`As used in commerce, the Parties’ marks are not similar. The parties’ marks are
`
`shown below as they appear on the parties’ websites.
`
`38.
`
`The parties’ marks do not convey the same overall visual impression. They use
`
`different fonts and different color schemes: Midwest Sports uses a black-and-yellow color scheme,
`
`while TP.com uses green and blue. The tennis balls – a staple in tennis-related logos – are visually
`
`distinct and located in different places. TP.com’s mark contains the “.com” suffix, while Midwest
`
`Sports’ does not. Midwest Sports’ logo contains its tag line “Advantage You,” while TP.com’s
`
`mark lacks any tag line. Finally, Midwest Sports’ logo includes the additional “Midwest”
`
`trademark. All of these design features differentiate the parties’ marks and make confusion less
`
`likely.
`
`39. Midwest Sports’ house mark – Midwest – is well known to U.S. consumers. This
`
`house mark in Midwest Sports’ logo alerts tennis consumers that they are dealing with the tennis
`
`-8-
`
`

`

`Case: 1:22-cv-00161-MRB Doc #: 1 Filed: 03/29/22 Page: 9 of 11 PAGEID #: 9
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`retailer, not the purveyor of tennis software. This further reduces the similarity of the marks and
`
`the risk that consumers will be confused.
`
`40.
`
`The parties’ products are also nothing alike. TP.com sells software for managing
`
`tennis leagues, whereas Midwest Sports sells Tennis equipment and apparel. Thus, the parties do
`
`not compete in the same product market.
`
`41.
`
`The parties’ trade channels are also different. Each sells through its own website,
`
`and Midwest Sports has a physical retail location, whereas TP.com has none.
`
`42.
`
`The parties’ also do not advertise in the same media. For example, Midwest
`
`Sports conducts major national advertising, in addition to having a substantial social media
`
`presence. TP.com’s advertising, on the other hand, is predominately limited to email blasts and
`
`an Atlanta-area magazine.
`
`43. Midwest Sports had no intent to trade off any goodwill TP.com may have.
`
`Midwest Sports is simply using its sister-company’s TENNIS-POINT brand, which was
`
`developed long before TP.com existed.
`
`44.
`
`As a final example of the lack of likely confusion, there has been no actual
`
`confusion between the parties’ marks, despite coexisting for well-over a decade.
`
`V.
`
`CLAIM FOR RELIEF
`
`(Declaratory Judgement of No Infringement, False Designation of
`Origin, or Unfair Competition) (15 U.S.C. § 1125)
`
`45. Midwest Sports repeats and re-alleges the allegations of Paragraphs 1-44 of this
`
`Complaint as if set forth fully herein.
`
`46.
`
`TP.com cannot establish nationwide priority in TP.com’s Marks
`
`47.
`
`There is no likelihood of confusion between TP.com’s use of TP.com’s Marks
`
`and Midwest Sports’ use of the Tennis-Point Marks.
`
`-9-
`
`

`

`Case: 1:22-cv-00161-MRB Doc #: 1 Filed: 03/29/22 Page: 10 of 11 PAGEID #: 10
`
`48. Midwest Sports has not infringed and does not infringe any of TP.com’s alleged
`
`trademark rights in TP.com’s Marks.
`
`49. Midwest Sports has not unfairly competed, and does not unfairly compete, with
`
`TP.com.
`
`50.
`
`TP.com has not suffered any damage or injury from Midwest Sports’ use of the
`
`Tennis-Point Marks.
`
`51. Midwest Sports is entitled to a declaration that Midwest Sports has not infringed
`
`and does not infringe any of TP.com’s alleged trademark rights in TP.com’s Marks and that
`
`Midwest Sports is entitled to use the Tennis-Point Marks without any interference by TP.com.
`
`VI.
`
`PRAYER FOR RELIEF
`
`Midwest Sports prays that the Court grant judgment declaring and/or awarding as follows:
`
`A.
`
`That Midwest Sports has not infringed and does not infringe the TENNISPOINT
`
`or
`
`marks ;
`
`B.
`
`C.
`
`That Midwest Sports has not unfairly competed with TP.com;
`
`That Midwest Sports has the lawful right to continue to use the Tennis-Point Marks,
`
`or other marks containing TENNIS and POINT, without threat or interference by TP.com;
`
`D.
`
`That TP.com and its agents, representatives, attorneys, and those persons in active
`
`concert or participation with them who receive actual notice hereof, be preliminarily and
`
`permanently enjoined from threatening or initiating infringement litigation against Midwest Sports
`
`or its affiliates, customers, distributors, dealers, or suppliers, or any prospective customers,
`
`distributors, dealers, or suppliers; and
`
`-10-
`
`

`

`Case: 1:22-cv-00161-MRB Doc #: 1 Filed: 03/29/22 Page: 11 of 11 PAGEID #: 11
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`E.
`
`That Midwest Sports be awarded such other and further relief as this Court deems
`
`just.
`
`VII.
`
`DEMAND FOR TRIAL BY JURY
`
`Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff hereby demands
`
`a trial by jury on all issues so triable.
`
`March 29, 2022
`
`Respectfully submitted,
`
`/s/ Carrie A. Shufflebarger
`Carrie A. Shufflebarger (#0081141)
`THOMPSON HINE LLP
`312 Walnut Street, Suite 2000
`Cincinnati, Ohio 45202
`T: 513.352.6678
`E: carrie.shufflebarger@thompsonhine.com
`
`Brian Horne (Pro Hac Vice to be filed)
`Hans L. Mayer (Pro Hac Vice to be filed)
`KNOBBE MARTENS OLSON & BEAR LLP
`1925 Century Park East, Suite 600
`Los Angeles, CA 90067
`T: (310) 551-3450
`E: brian.horne@knobbe.com
`
`Attorneys for Plaintiff
`MIDWEST SPORTS SUPPLY, LLC
`
`-11-
`
`

`

`1844 (Rev.oant) Case: 1:22-cv-00161-MRRPog#: &GVier: ORFGeF Page: 1 of 2 PAGEID #: 12
`Case: 1:22-cv-00161-MRB Doc #: 1-1 Filed: 03/29/22 Page: 1 of 2 PAGEID #: 12
`The JS 44 civil cover sheet and the information contained herein neither replace nor supplementthe filing and service of pleadings or other papers as required by law, except as
`provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
`purpose of initiating the civil docket sheet.
`(SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM}
`I. (a) PLAINTIFFS
`DEFENDANTS
`
`MIDWEST SPORTS SUPPLY, LLC
`
`TENNISPOINT.COM, INC.
`
`(b) County of Residence ofFirst Listed Plaintiff Hamilton
`(EXCEPT IN US. PLAINTIFF CASES)
`
`County of Residence ofFirst Listed Defendant
`(IN US. PLAINTIFF CASES ONLY)
`IN LAND CONDEMNATION CASES, USE THE LOCATION OF
`THE TRACT OF LAND INVOLVED.
`
`NOTE:
`
`(c) Attorneys (Firm Name, Address, and Telephone Number)
`Thompson Hine LLP, 312 Walnut Street, Suite 2000,
`Cincinnati, Ohio, 513.352.6678
`
`Attormeys (ifKnown)
`
`II. BASIS OF JURISDICTION (Place an “X" in One Box Only}
`
`Il. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “x”in One Boxfor Plaintiff
`(For Diversity Cases Only)
`and One Boxfor Defendant)
`DEF
`DEF
`PTF
`PIF
`Federal Question
`[x]3
`[]1 U.S. Government
`
`
`
`Plaintiff [11=[) 1 mcorporated or Principal Place(US. Government Not a Party) Citizen of This State O14 (44
`
`of Business In This State
`
`
`
`| 2 U.S. Government
`Defendant
`
`Ca Diversity
`(indicate Citizenship ofParties in Item [II)
`
`Citizen of Another State
`
`CL 2 | 2
`
`Incorporated and Principal Place | 5 | 5
`of Business In Another State
`
`Citizen or Subject of a
`Foreign Country
`
`CL 3 | 3
`
`Foreign Nation
`
`CL 6 | 6
`
`
`
`FORFEITURE/PENALTY
`
`
`
`
`
`
`
`IV. NATURE OF SUIT(piace an “xv”in One Box Only)
`Click here for: Nature of Suit Code Descriptions,
`CONTRACT
`TORTS
`BANKRUPTCY
`OTHER STATUTES
`
`
`110 Insurance PERSONAL INJURY | [625 Drug Related Seizure|| 422 Appeal 28 USC 158PERSONAL INJURY 375 False Claims Act
`
`
`
`
`
`
`120 Marine ||310 Airplane CL 365 Personal Injury - of Property 21 USC 881 [| 423 Withdrawal 376 Qui Tam (31 USC
`
`
`
`
`
`130 Miller Act|| 315 Airplane Product Product Liability | 1690 Other 28 USC 157 3729(a)}
`
`
`
`
`140 Negotiable Instrument ||400 State ReapportionmentLiability C] 367 Health Care’ INTELLECTUAL
`
`
`
`
`
`
`
`
`150 Recovery of Overpayment[| 320 Assault, Libel & PROPERTY RIGHTS|| 410 AntitrustPharmaceutical
`
`
`
`
`& Enforcement of Judgment
`820 Copyrights
`Slander
`Personal Injury
`430 Banks and Banking
`
`
`
`— 152 Recovery ofDefaulted
`Liability
`835 Patent - Abbreviated
`| 368 Asbestos Personal
`460 Deportation
`|_| 330 Federal Employers’
`151 Medicare Act
`Product Liability
`830 Patent
`450 Commerce
`
`
`
`
`
`
`Student Loans
`|_| 340 Marine
`New Drug Application
`Injury Product
`470 Racketeer Influenced and
`
`
`
`(Excludes Veterans)
`|_| 345 Marine Product
`840 Trademark
`Liability
`Corrupt Organizations
`
`
`
`CL 153 Recovery ofOverpayment
`880 Defend Trade Secrets
`Liability
`PERSONAL PROPERTY
`480 Consumer Credit
`
`
`
`
`
`
`ofVeteran's Benefits ||350 Motor Vehicle | 370 Other Fraud Act of2016 (15 USC 1681 or 1692)
`
`
`
`485 Telephone Consumer
`371 Truth in Lending
`|_| 355 Motor Vehicle
`Oo 160 Stockholders* Suits
`190 Other Contract
`Product Liability | 380 Other Personal
`Protection Act
`
`
`195 Contract ProductLiability[ ] 360 Other Personal Property Damage 861 HLA (1395ff) 490 Cable/Sat TV
`
`
`
`
`862 Black Lung (923)
`C] 385 Property Damage
`196 Franchise
`Injury
`850 Securities‘Commodities’
`
`
`
`||362 Personal Injury - Product Liability 863 DIWC/DIWW (405(2)) Exchange
`
`
`
` Medical Malpractice
`
`
`864 SSID Title XVI
`890 Other Statutory Actions
`
`
`865 RSI (405(2))
`891 Agricultural Acts
`
`893 Environmental Matters
`
`895 Freedom of Information
`
`
`|| 870 Taxes (U.S. Plaintiff Act
`
`143 Housing’
`or Defendant)
`
`896 Arbitration
`
`
`
`Accommodations|| 871 IRS—Third Party 899 Administrative Procedure
`
`IMMIGRATION
`26 USC 7609
`Act'Review or Appeal of
`
`Employment
`Other:
`|_| 462 Naturalization Application
`Agency Decision
`
`
`
`
`
`146 Amer, w/Disabilities -] | 540 Mandamus & Other|1465 Other Immigration 950 Constitutionality of
`
`
`
`
`
`
`Other ||550 Civil Rights State Statutes
`
`
`
`||448 Education|1555 Prison Condition
`
`
`
`||560 Civil Detainee -
`
`Conditions of
`
`Confinement
`
`V. ORIGIN (Place an “X" in One Box Only)
`Ee] 1 Original
`Ci? Removed from
`Proceeding
`State Court
`
`oO 3. Remanded from
`Appellate Court
`
`oO 5 Transferred from oO 6 Multidistrict
`Another District
`Litigation-
`(specify)
`Transfer
`Cite the U.S. Civil Statute under which youare filing (De not citejurisdictional statutes unless diversity):
`15 USC 1125
`
`oO 4 Reinstated or
`Reopened
`
`§ Multidistrict
`Litigation -
`Direct File
`
`VI. CAUSE OF ACTION
`
`Brief description of cause:
`Declaratory Judgment of No Trademark Infringement, False Designation of Origin, or Unfair Competition
`
`VII. REQUESTED IN L] CHECK IF THIS IS A CLASS ACTION
`COMPLAINT:
`UNDERRULE23, F.R.Cv.P.
`
`DEMAND$
`TBD
`
`CHECK YESonly if demanded in complaint:
`JURY DEMAND:
`[x]ves
`[]No
`
`VUI. RELATED CASE(S)
`IF ANY
`
`(See instructions):
`
`DATE
`
`3/29/2022
`FOR OFFICE USE ONLY
`
`JUDGE
`SIGNATURE OF ATTORNEY OF RECORD
`
`/s/ Carrie A. Shufflebarger
`
`DOCKET NUMBER
`
`RECEIPT#
`
`AMOUNT
`
`APPLYING IFP
`
`JUDGE
`
`MAG. JUDGE
`
`

`

`IS 44 Reverse (Rev. 04SEC: 1:22-cv-00161-MRB Doc#: 1-1 Filed: 03/29/22 Page: 2 of 2 PAGEID #: 13
`Case: 1:22-cv-00161-MRB Doc #: 1-1 Filed: 03/29/22 Page: 2 of 2 PAGEID #: 13
`
`INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
`
`Authority For Civil Cover Sheet
`
`The JS 44 civil cover sheet and the information contained herein neither replaces nor supplementsthe filings and service of pleading or other papers as
`required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
`required for the use of the Clerk of Court for the purposeofinitiating the civil docket sheet. Consequently,a civil cover sheet is submitted to the Clerk of
`Court for each civil complaint filed. The attorney filing a case should complete the formas follows:
`
`I.(a)
`
`(b)
`
`(c)
`
`II.
`
`Il.
`
`Vv.
`
`VL
`
`VIL.
`
`VII.
`
`Plaintiffs-Defendants. Enter names (last, first, middle imitial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
`onlythe full name or standard abbreviations. If the plaintiff or defendantis an official within a government agency, identify first the agency and then
`the official, giving both nameandtitle.
`County of Residence. For each civil casefiled, except U.S. plaintiff cases, enter the name of the county wherethefirst listed plaintiff resides at the
`time of filing. In U.S. plaintiff cases, enter the name of the county in whichthefirst listed defendantresidesat the time of filing. (NOTE: In land
`condemnation cases, the county of residence of the "defendant"is the location of the tract of land involved.)
`Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
`in this section "(see attachment)".
`
`Jurisdiction. The basis of jurisdictionis set forth under Rule 8(a), F.R-.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
`in one of the boxes. If there is more than one basis ofjurisdiction, precedence is given in the order shown below.
`United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
`United States defendant.
`(2) Whenthe plaintiff is suing the United States, its officers or agencies, place an "X"in this box.
`Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
`to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
`precedence, and box | or 2 should be marked.
`Diversity of citizenship.
`(4) This refers to suits under 28 U.S.C. 1332, where partiesare citizens of different states. When Box 4 is checked, the
`citizenship of the different parties must be checked.
`(See Section II] below; NOTE: federal question actions take precedence over diversity
`cases.)
`
`Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
`section for each principal party.
`
`Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
`that is most applicable. Click here for: Nature of Suit Code Descriptions.
`
`Origin. Place an "X"in one of the seven boxes.
`Original Proceedings.
`(1) Cases which originate in the United Statesdistrict courts.
`Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
`Remanded from Appellate Court.
`(3) Check this box for cases remandedto the district court for further action. Use the date of remandasthefiling
`date.
`
`(4) Check this box for cases reinstated or reopened inthe district court. Use the reopening date as the filing date.
`Reinstated or Reopened.
`Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
`multidistrict litigation transfers.
`Multidistrict Litigation — Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
`Section 1407.
`(8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
`Multidistrict Litigation — Direct File.
`PLEASE NOTE THAT THEREIS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
`changes instatute.
`
`Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do notcite jurisdictional
`statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service.
`
`Requested in Complaint. Class Action. Place an "X"in this box if you are filing a class action under Rule 23, F.R.Cv.P.
`Demand. In this space enter the actual dollar amount being demandedor indicate other demand, suchas a preliminary injunction.
`Jury Demand. Check the appropriate box to indicate whetherornot a jury is being demanded.
`
`Related Cases. This section of the JS 44is used to reference related pending cases, if any. If there are related pending cases, insert the docket
`numbers and the corresponding judge names for such cases.
`
`Date and Attorney Signature. Date and sign the civil cover sheet.
`
`

`

`Case: 1:22-cv-00161-MRB Doc#: 1-2 Filed: 03/29/22 Page: 1 of 2 PAGEID #: 14
`Case: 1:22-cv-00161-MRB Doc #: 1-2 Filed: 03/29/22 Page: 1 of 2 PAGEID #: 14
`
`AO 440 (Rev. 06/12) Summons in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
`
`Southern District of Ohio
`
`MIDWEST SPORTS SUPPLY, LLC
`
`
`
`Civil Action No.
`
` Omemeeeeeeeeee
`
`Plaintiff(s)
`Vv.
`
`TENNISPOINT.COM, INC.
`
`Defendant(s)
`
`SUMMONSIN A CIVIL ACTION
`
`To: (Defendant’s name and address) Tennispoint.com, Inc.
`3754 Waterlilly Way
`Marietta, GA 30067
`
`A lawsuit has been filed against you.
`
`Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
`are the United States or a United States agency, or an officer or employee of the United States described in Fed. R.Civ.
`P. 12 (a)(2) or (3) — you mustserve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
`the Federal Rules of Civil Procedure. The answer or motion mustbe served ontheplaintiff or plaintiff's attorney,
`whose nameand addressare:
`
`Carrie A. Shufflebarger
`THOMPSON HINE LLP
`312 Walnut Street, Suite 2000
`Cincinnati, OH 45202
`
`If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
`You also mustfile your answer or motion with the court.
`
`Date:
`Signature of Clerk or Deputy Clerk
`
`CLERK OF COURT
`
`

`

`Case: 1:22-cv-00161-MRB Doc#: 1-2 Filed: 03/29/22 Page: 2 of 2 PAGEID #: 15
`Case: 1:22-cv-00161-MRB Doc #: 1-2 Filed: 03/29/22 Page: 2 of 2 PAGEID #: 15
`
`AO 440 (Rev. 06/12) Summonsin a Civil Action (Page 2)
`
`Civil Action No.
`
`(This section should not befiled with the court unless required by Fed. R. Civ. P. 4 (1)
`
`PROOFOF SERVICE
`
`This summonsfor (nameofindividualandtitle, ifany)
`
`
`was received by me on(date)
`
`1 I personally served the summonsonthe individualat(place)
`On (date)
`
`:or
`
`1 I left the summonsat the individual’s residence or usual place of abode with fname)
`, apersonof suitable age and discretion whoresidesthere,
`
`on (date)
`
`, and mailed a copy to the individual’s last known address; or
`
`1 I served the summons on (nameofindividual)
`
`
`
`, who is
`
`designated by law to accept service of process on behalf of (name oforganization)
`
`
`on (date)
`
`
`
`; or
`
`1 [returned the summons unexecuted because
`
`
`
`:or
`
`O Other(specify):
`
`Myfees are $
`
`for travel and $
`
`for services, for a total of $
`
`0.00
`
`I declare under penalty of perjury that this informationistrue.
`
`Date:
`
`
`
`Server's signature
`
`
`
`Printed name andtitle
`
`
`
`Server's address
`
`Additional information regarding attempte