Complaint Glencairn IP v. Plamazonx (W.D. Wash. 2017)

1
8 UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON
9 AT TACOMA
10
GLENCAIRN IP HOLDINGS LTD., and
11 GLENCAIRN CRYSTAL STUDIO No.
LTD.,
12 COMPLAINT
Plaintiffs,
13 JURY DEMAND
v.
14
PLAMAZONX, LLC,
15
Defendant.
16
17
18 1. Plaintiffs Glencairn IP Holdings Ltd. and Glencairn Crystal Studio Ltd.

19 (collectively, Glencairn), by their attorneys, for their complaint against Defendant
20 Plamazonx, LLC, allege as follows:
21 INTRODUCTION
22 2. Glencairn introduced the iconic GLENCAIRN Glass, depicted below and
23 often referred to as the Official Whisky Glass, in 2001 to fill a void in the whisky tasting
24 and drinking glass markets, which Glencairn identified as lacking a dedicated whisky glass. 1
25
1The trademark GLENCAIRN is protected under United States Registration No.
26
4,336,696, which is not currently asserted in this Complaint.
COMPLAINT - Page 1
1420 FIFTH AVENUE, SUITE 1400
SEATTLE W ASHING TO N 98101
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1 The registered trade dress of the GLENCAIRN Glass has come to be associated with first-
2 rate quality glass, glass crafting, and whisky tasting.
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11 3. Defendant Plamazonx, LLC is manufacturing and offering for sale a glass,
12 depicted below, that imitates the GLENCAIRN Glass and infringes on and misappropriates
13 Glencairns trademark rights in its iconic glass.
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4. Defendant is blatantly trading off of the goodwill associated with Glencairns
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trade dress and the GLENCAIRN Glass by offering for sale Defendants infringing
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imitation of the GLENCAIRN Glass in a manner that is likely to cause consumer confusion
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and deceive the public regarding the source, sponsorship, or affiliation of the infringing glass
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with Glencairn.
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COMPLAINT - Page 2
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1 5. Glencairn seeks to stop Defendants misconduct and to prevent Defendant
2 from engaging in any further misconduct. This is an action at law and in equity for damages
3 and injunctive relief based on Federal Trade Dress Infringement, Federal Unfair Competition,
4 Common Law Trade Dress Infringement, Statutory Unfair Competition, and Common Law
5 Unfair Competition. Among other relief, Glencairn asks this Court to: (i) preliminarily and
6 permanently enjoin Defendant from manufacturing, selling, or offering for sale the infringing
7 imitation glass; (ii) award Glencairn monetary damages; (iii) require Defendant to disgorge
8 all of its profits from its sales of the infringing glass; and (iv) award Glencairn enhanced
9 damages, attorneys fees, and costs.
10 PARTIES
11 6. Plaintiff Glencairn IP Holdings Limited is a foreign private limited company
12 organized and existing under the laws of the United Kingdom, having its office and principal
13 place of business at 1-11 Langlands Avenue, East Kilbride, Scotland, G75 0YG.
14 7. Plaintiff Glencairn Crystal Studio Limited is a foreign private limited
15 company organized and existing under the laws of the United Kingdom, having its office and
16 principal place of business at 1-11 Langlands Avenue, East Kilbride, Scotland, G75 0YG.
17 8. Defendant Plamazonx, LLC is a limited liability company organized and
18 existing under the laws of the State of Washington, with its principal place of business at
19 9426 NE 20th Place, Vancouver, Washington 98665.
20 JURISDICTION AND VENUE
21 9. This Court has subject matter jurisdiction over Glencairns claims under 15
22 U.S.C. 1121 and 28 U.S.C. 1331, 1338, and 1367. Additionally, this Court has subject
23 matter jurisdiction over Glencairns claims under 28 U.S.C. 1332 because this action is
24 between a citizen of a foreign country and a citizen of the United States, with an amount in
25 controversy in excess of $75,000. Assignment to the Tacoma Division is appropriate under
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COMPLAINT - Page 3
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1 Local Civil Rule 3(e) because Defendants principal place of business is in Clark County,
2 Washington.
3 10. This Court has personal jurisdiction over the Defendant at least because, on
4 information and belief, Defendant is located in the State of Washington, transacts business
5 within the State of Washington, including by marketing, selling, and shipping the product
6 giving rise to Glencairns causes of action to purchasers located in Washington, and has
7 purposely availed itself of the privileges of conducting activities within the State of
8 Washington.
9 11. Venue is proper in this district: Defendant resides in this judicial district.
10 FACTUAL ALLEGATIONS
11 A. Glencairns Trademark Rights
12 12. The GLENCAIRN Glass is an iconic glass introduced to the market in 2001.
13 13. Glencairn IP Holdings Ltd. is the owner of trademark rights in the distinctive
14 trade dress of the GLENCAIRN Glass (the GLENCAIRN Trade Dress), including a
15 Federal Trademark Registration, United States Registration No. 5,024,360 (the 360
16 Registration), issued by the United States Patent and Trademark Office on August 23, 2016,
17 for the GLENCAIRN Trade Dress, as depicted below, for Beverage glassware, namely,
18 whisky glasses. A copy of the Certificate of Registration for the 360 Registration is
19 attached as Exhibit 1.
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COMPLAINT - Page 4
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1 14. Glencairn Crystal Studio Limited is the exclusive licensee of those trademark
2 rights.
3 15. Glencairn has distributed and sold the GLENCAIRN Glass, which features
4 the GLENCAIRN Trade Dress, since as early as 2001, and in commerce in the United States
5 since at least September 1, 2004. As a result of Glencairns substantially exclusive and
6 continuous use of the GLENCAIRN Trade Dress and Glencairns marketing and
7 advertising efforts, Glencairn has acquired goodwill in connection with the GLENCAIRN
8 Glass, and the GLENCAIRN Trade Dress has acquired distinctiveness. The
9 GLENCAIRN Trade Dress is nonfunctional, and the public recognizes and understands that
10 the GLENCAIRN Trade Dress distinguishes and identifies the GLENCAIRN Glass from
11 other products.
12 16. The glass in which liquor is served plays a significant role in building the
13 cultural and social experience associated with that liquor. Whisky, especially single malt
14 scotch whisky, did not have its own dedicated glass for centuries. Whisky master blenders
15 used a copita glass for nosing and tasting whisky, but this glass was also used for nosing other
16 liquors as well. In fact, the copita glass was also called a dock glass because it was used
17 by buyers to nose and taste wine and spirit shipments at the dock before they accepted the
18 shipment.
19 17. Over thirty years ago, Glencairn founder Raymond Davidson recognized the
20 opportunity to introduce a distinctive glass that would be associated with drinking whisky.
21 Mr. Davidson took great care in designing his glass to meet the needs of whisky drinking,
22 including the tapered mouth for nosing, while also having a design that was distinctive and
23 attractive to consumers. The result was the GLENCAIRN Glassa glass like no other
24 before it.
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COMPLAINT - Page 5
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1 18. In 2001, Glencairn launched the GLENCAIRN Glass into the market with a
2 1,500-unit production that was released at the Whisky Live event in London. With this launch
3 the GLENCAIRN Glass was born to the world.
4 19. Glencairn invested heavily in marketing their distinctive and innovative
5 design. Glencairn supplied GLENCAIRN Glasses to whisky events and tastings across the
6 globe, including in cities such as New York City, San Francisco, Chicago, Los Angeles,
7 Boston, Louisville, Portland, and Seattle. Many of these events have thousands of attendees
8 each year and use the GLENCAIRN Glass exclusively. Glencairn also has supplied the
9 GLENCAIRN Glass to distilleries in the United States that are well known and highly
10 regarded for whisky production, including, for instance, Brown Forman, Jim Beam, and
11 Tuthilltown. These distilleries hold mini shows and regular tastings of varying sizes using
12 the GLENCAIRN Glass.
13 20. Glencairn has secured industry exposure for the GLENCAIRN Glass
14 through publications as well. For example, the GLENCAIRN Glass has appeared in
15 Whisky Magazine on several occasions and was featured in Malt Advocate magazine in 2002.
16 The GLENCAIRN Glass was also advertised for sale in Playboy Magazine in the United
17 States and appeared in the Whiskies of the World official event program in San Francisco in
18 2003.
19 21. The GLENCAIRN Glass has won several awards and accolades, including
20 The Queens Award for Enterprise: Innovation in 2006; The Queens Award for Enterprise:
21 International Trade in 2012; the Scottish Marketing Award for Innovation in 2008; the
22 National Business Award for Innovation and Marketing Excellence Award for Best
23 Marketing Strategy; and the 17th Annual Malt Advocate Whisky Awards Industry Leader
24 of the Year.
25 22. The money and effort Glencairn has spent marketing the GLENCAIRN
26 Glass has returned financial success as well. Since launching the GLENCAIRN Glass with
COMPLAINT - Page 6
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1 the 1,500-unit production in 2001, Glencairns sales of the GLENCAIRN Glass have
2 reached over 20 million glasses globally, with annual sales to the United States of
3 approximately one million glasses.
4 B. Defendants Wrongful and Infringing Conduct
5 23. Defendant manufactures, advertises, sells, and otherwise uses in commerce a
6 glass under the name Del Rey Glassware Whiskey glass for Nosing and Sipping (the Del
7 Rey Whiskey Glass). The Del Rey Whiskey Glass is a copy and colorable imitation of the
8 GLENCAIRN Glassand GLENCAIRN Trade Dressand is causing consumer
9 confusion as to the nature and source or origin of the Del Rey Whiskey Glass. A side-by-
10 side comparison of the infringing Del Rey Whiskey Glass, the GLENCAIRN Glass, and
11 the drawing of the GLENCAIRN Trade Dress from the 360 Registration is included below.
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23 24. Defendant was familiar with the GLENCAIRN Glass and GLENCAIRN
24 Trade Dress when Defendant created, manufactured, and began advertising and selling the
25 infringing Del Rey Whiskey Glass.
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COMPLAINT - Page 7
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1 25. Defendant has exploited and is exploiting the commercial success and global
2 recognition of the GLENCAIRN Glass and GLENCAIRN Trade Dress to Defendants
3 commercial advantage. Defendant copied the GLENCAIRN Glass and GLENCAIRN
4 Trade Dress and misappropriated Glencairns investment, goodwill, and market share by
5 selling the infringing Del Rey Whiskey Glass at an inferior quality to would-be consumers
6 of the GLENCAIRN Glass. Indeed, Defendants efforts to exploit and trade off Glencairns
7 goodwill are immediately apparent in the labels Defendant has used for the Del Rey Whiskey
8 Glass, including labels misleadingly identifying the Del Rey Whiskey Glass as a Glencairn
9 glass, a Glencairn nosing glass[], a Glencairn whiskey nosing glass[], and a Glencairn
10 style glass.
11 26. The infringing Del Rey Whiskey Glass competes with the GLENCAIRN
12 Glass and is sold through overlapping channels of trade, including through online
13 marketplaces.
14 27. Defendants use of a confusingly similar imitation of the GLENCAIRN
15 Trade Dress is likely to deceive, confuse, and mislead actual and prospective purchasers
16 before, during, and after purchase into believing that the whisky glass sold by Defendant is
17 manufactured or authorized by, or in some manner associated with Glencairn. The Del Rey
18 Whiskey Glass is not manufactured by Glencairn, and neither Defendant nor the Del Rey
19 Whiskey Glass is associated, affiliated, or connected with Glencairn, or licensed, authorized,
20 sponsored, endorsed, or approved by Glencairn in any way.
21 28. This deception, confusion, and misleading conduct is particularly damaging
22 with respect to consumers who perceive a defect or lack of quality in the Del Rey Whiskey
23 Glass.
24 29. Defendant continues to manufacture, advertise, sell, and otherwise use in
25 commerce its confusingly similar imitation of the GLENCAIRN Trade Dress in connection
26 with the sale of a product that directly competes with the GLENCAIRN Glass. Defendant
COMPLAINT - Page 8
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1 began selling its imitation after Glencairn had established protectable rights in the
2 GLENCAIRN Trade Dress.
3 30. Glencairn has lost market share and sales due to Defendants activities and
4 misconduct. As a direct and proximate result of Defendants conduct, Glencairn has suffered
5 damages in an amount that is presently unknown but exceeds $75,000. Such conduct also
6 has caused and is causing irreparable harm to the goodwill symbolized by the
7 GLENCAIRN Trade Dress and the reputation for quality that the GLENCAIRN Trade
8 Dress embodies.
9 31. Defendants activities and misconduct have been knowing, intentional, and
10 willful. Defendant has continued to offer its infringing Del Rey Whiskey Glass even after
11 Glencairn brought its trademark rights and the 360 Registration to Defendants attention.
12 Defendant has thus acted in bad faith, in knowing disregard of Glencairns rights, and with
13 malice, oppression, and fraud.
14 FIRST CLAIM FOR RELIEF
15 FEDERAL TRADE DRESS INFRINGEMENT
16 (Lanham Act 32, 15 U.S.C. 1114)
17 32. Glencairn repeats and incorporates by reference the allegations set forth in
18 paragraphs 1 through 31 above.
19 33. Glencairn owns United States Trademark Registration Number 5,024,360 for
20 the GLENCAIRN Trade Dress. Glencairn has used the GLENCAIRN Trade Dress in
21 commerce in the United States since at least September 1, 2004.
22 34. Defendants unauthorized use of a confusingly similar imitation of the
23 GLENCAIRN Trade Dress is likely to cause confusion, mistake, and deception by creating
24 the false and misleading impression that the Del Rey Whiskey Glass is manufactured or
25 distributed by Glencairn, is associated or connected with Glencairn, or has the sponsorship,
26 endorsement, or approval of Glencairn.
COMPLAINT - Page 9
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1 35. The aforesaid conduct constitutes trade dress infringement in violation of
2 Section 32 of the Lanham Act, 15 U.S.C. 1114.
3 36. Defendants conduct, including Defendants mislabeling of the Del Rey
4 Whiskey Glass as a Glencairn glass, demonstrates a willful violation of Glencairns rights
5 and an intent to trade on the goodwill associated with the GLENCAIRN Trade Dress.
6 37. Defendants conduct has caused and, unless enjoined by this court, will
7 continue to cause Glencairn irreparable injury. This injury includes a reduction in the
8 distinctiveness of the GLENCAIRN Trade Dress and injury to Glencairns reputation that
9 cannot be remedied through damages. Glencairn has no adequate remedy at law and is
10 therefore entitled to injunctive relief pursuant to 15 U.S.C. 1116.
11 38. Pursuant to 15 U.S.C. 1117(a), Glencairn is also entitled to recover
12 (i) Defendants profits, (ii) Glencairns ascertainable damages, and (iii) Glencairns costs of
13 suit. Furthermore, Defendants willful infringement of the GLENCAIRN Trade Dress
14 without excuse or justification renders this an exceptional case and entitles Glencairn to its
15 reasonable attorney fees.
16 SECOND CLAIM FOR RELIEF
17 FEDERAL UNFAIR COMPETITION
18 (Lanham Act 43(a), 15 U.S.C. 1125(a))
21 40. Glencairn has used the GLENCAIRN Glass and GLENCAIRN Trade
22 Dress in commerce in the United States since at least September 1, 2004. The relevant
23 consuming market of the United States widely recognizes the distinctive GLENCAIRN
24 Glass and GLENCAIRN Trade Dress as a designation of source.
25 41. Through the use of a confusingly similar imitation of the GLENCAIRN
26 Glass and GLENCAIRN Trade Dress, Defendant is knowingly and intentionally
COMPLAINT - Page 10
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1 misrepresenting and falsely designating to the general public the origin, sponsorship, and
2 approval of the Del Rey Whiskey Glass and the affiliation, connection, and association of
3 Defendant with Glencairn, so as to create a likelihood of confusion among the public as to
4 the origin, sponsorship, and approval of the Del Rey Whiskey Glass and the affiliation,
5 connection, and association of Defendant with Glencairn.
6 42. The aforesaid conduct constitutes false endorsement, false designation of
7 origin, and unfair competition in violation of Section 43(a)(1)(A) of the Lanham Act, 15
8 U.S.C. 1125(a)(1)(A).
11 and an intent to trade on the goodwill associated with the GLENCAIRN Glass and
15 distinctiveness of the GLENCAIRN Glass and GLENCAIRN Trade Dress and injury to
16 Glencairns reputation that cannot be remedied through damages. Glencairn has no adequate
17 remedy at law and is therefore entitled to injunctive relief pursuant to 15 U.S.C. 1116.
18 45. Pursuant to 15 U.S.C. 1117(a), Glencairn is also entitled to recover
19 (i) Defendants profits, (ii) Glencairns ascertainable damages, and (iii) Glencairns costs of
20 suit. Furthermore, Defendants willful infringement of the GLENCAIRN Glass and
21 GLENCAIRN Trade Dress without excuse or justification renders this an exceptional case
22 and entitles Glencairn to its reasonable attorney fees.
23 THIRD CLAIM FOR RELIEF
24 COMMON LAW TRADE DRESS INFRINGEMENT
COMPLAINT - Page 11
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1 47. Glencairn has used the GLENCAIRN Glass and GLENCAIRN Trade
2 Dress in commerce in the United States since at least September 1, 2004. The relevant
3 consuming market of the United States widely recognizes the distinctive GLENCAIRN
4 Glass and GLENCAIRN Trade Dress as a designation of source.
5 48. Defendants unauthorized use of a confusingly similar imitation of the
6 GLENCAIRN Glass and GLENCAIRN Trade Dress is likely to cause confusion, mistake,
7 and deception by creating the false and misleading impression that the Del Rey Whiskey
8 Glass is manufactured or distributed by Glencairn, is associated or connected with Glencairn,
9 or has the sponsorship, endorsement, or approval of Glencairn.
10 49. The aforesaid conduct constitutes trade dress infringement under Washington
11 common law.
14 and an intent to trade on the goodwill associated with the GLENCAIRN Glass and
20 remedy at law and is therefore entitled to injunctive relief.
21 52. Glencairn is also entitled to recover, at a minimum, (i) Defendants profits,
22 (ii) Glencairns ascertainable damages, and (iii) Glencairns costs of suit. In light of
23 Defendants willful infringement of the GLENCAIRN Glass and GLENCAIRN Trade
24 Dress with malice oppression, and fraud, Glencairn is additionally entitled to punitive
25 damages.
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COMPLAINT - Page 12
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1 FOURTH CLAIM FOR RELIEF
2 STATUTORY UNFAIR COMPETITION
3 (RCW 19.86.020)
6 54. Through the use of a confusingly similar imitation of the GLENCAIRN
7 Glass and GLENCAIRN Trade Dress, Defendant is knowingly and intentionally
8 misleading and/or deceiving the public as to the origin, sponsorship, and approval of the Del
9 Rey Whiskey Glass and the affiliation, connection, and association of Defendant with
10 Glencairn, so as to create a likelihood of confusion among the public as to the origin,
11 sponsorship, and approval of the Del Rey Whiskey Glass and the affiliation, connection, and
12 association of Defendant with Glencairn.
13 55. The aforesaid conduct constitutes unlawful and/or unfair business practices in
14 violation of RCW 19.86.020.
16 Whiskey Glass as a Glencairn glass, demonstrates a willful violation of Washington law
17 and an intent to unfairly trade on the goodwill associated with the GLENCAIRN Glass and
24 58. Glencairn is also entitled to recover restitution.
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COMPLAINT - Page 13
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1 FIFTH CLAIM FOR RELIEF
2 COMMON LAW UNFAIR COMPETITION
5 60. Glencairn has invested substantial time, money, effort, and skill to develop the
6 high-quality product that is the GLENCAIRN Glass. Glencairn has also invested
7 substantial time, money, effort, and skill to generate recognition of the GLENCAIRN Glass
8 among the consuming public. Through those efforts, Glencairn has built up valuable
9 goodwill in the GLENCAIRN Glass and GLENCAIRN Trade Dress.
10 61. By producing and selling a confusingly similar imitation of the
11 GLENCAIRN Glass and GLENCAIRN Trade Dress, Defendant has intentionally
12 misappropriated the goodwill associated with the GLENCAIRN Glass and GLENCAIRN
13 Trade Dress for Defendants advantage.
14 62. The aforesaid conduct constitutes unfair competition under Washington
15 common law.
17 Whiskey Glass as a Glencairn glass, demonstrates a willful violation of Washington law
18 and an intent to unfairly trade on the goodwill associated with the GLENCAIRN Glass and
25 65. Glencairn is also entitled to recover, at a minimum, (i) Defendants profits,
26 (ii) Glencairns ascertainable damages, and (iii) Glencairns costs of suit. In light of
COMPLAINT - Page 14
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1 Defendants willful misappropriation of the goodwill associated with the GLENCAIRN
2 Glass and GLENCAIRN Trade Dress with malice, oppression, and fraud, Glencairn is
3 additionally entitled to punitive damages.
4 PRAYER FOR RELIEF
5 WHEREFORE, Glencairn respectfully requests that this Court:
6 a) Preliminarily and permanently enjoin Defendant, its agents, servants, officers,
7 directors, employees, representatives, successors, and assigns, and all others acting in concert
8 or participation with Defendant, from manufacturing, selling, or offering for sale the Del Rey
9 Whiskey Glass or any colorable imitation or variation that is confusingly or substantially
10 similar to the GLENCAIRN Glass and GLENCAIRN Trade Dress;
11 b) Award Glencairn its ascertainable damages, restitution, costs, and attorney
12 fees;
13 c) Award Glencairn Defendants profits attributable to the Del Rey Whiskey
14 Glass;
15 d) Grant such other and further relief to Glencairn as the Court deems just and
16 appropriate under the circumstances.
17 DEMAND FOR JURY TRIAL
18 Glencairn demands a jury trial on all issues so triable.
19
Dated: October 12, 2017. YARMUTH WILSDON PLLC
20
21 By s/Jeremy E. Roller
Jeremy E. Roller, WSBA No. 32021
22 1420 Fifth Avenue, Suite 1400
Seattle, WA 98101
23 Telephone: 206.516.3800
Facsimile: 206.516.3888
24 jroller@yarmuth.com
25
26
COMPLAINT - Page 15
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1 OMELVENY & MYERS LLP
2 Mark E. Miller (pro hac vice to be filed)
3 Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3823
4 Telephone: 415.984.8700
Facsimile: 415.984.8701
5 markmiller@omm.com
6 Attorneys for Plaintiffs Glencairn IP
7 Holdings Ltd. and Glencairn Crystal Studio
Ltd.
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COMPLAINT - Page 16
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COMPLAINT - Page 18

Complaint Glencairn IP v. Plamazonx (W.D. Wash. 2017)

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Complaint Glencairn IP v. Plamazonx (W.D. Wash. 2017)

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1

8 UNITED STATES DISTRICT COURT

18 1. Plaintiffs Glencairn IP Holdings Ltd. and Glencairn Crystal Studio Ltd.

2 rate quality glass, glass crafting, and whisky tasting.

11 3. Defendant Plamazonx, LLC is manufacturing and offering for sale a glass,

13 Glencairns trademark rights in its iconic glass.

9 damages, attorneys fees, and costs.

11 6. Plaintiff Glencairn IP Holdings Limited is a foreign private limited company

14 7. Plaintiff Glencairn Crystal Studio Limited is a foreign private limited

17 8. Defendant Plamazonx, LLC is a limited liability company organized and

19 9426 NE 20th Place, Vancouver, Washington 98665.

20 JURISDICTION AND VENUE

25 controversy in excess of $75,000. Assignment to the Tacoma Division is appropriate under

11 A. Glencairns Trademark Rights

5 since at least September 1, 2004. As a result of Glencairns substantially exclusive and

3 the GLENCAIRN Glass was born to the world.

4 19. Glencairn invested heavily in marketing their distinctive and innovative

12 the GLENCAIRN Glass.

3 approximately one million glasses.

4 B. Defendants Wrongful and Infringing Conduct

5 23. Defendant manufactures, advertises, sells, and otherwise uses in commerce a

8 GLENCAIRN Glassand GLENCAIRN Trade Dressand is causing consumer

25 infringing Del Rey Whiskey Glass.

2 recognition of the GLENCAIRN Glass and GLENCAIRN Trade Dress to Defendants

3 commercial advantage. Defendant copied the GLENCAIRN Glass and GLENCAIRN

14 27. Defendants use of a confusingly similar imitation of the GLENCAIRN

19 Whiskey Glass is associated, affiliated, or connected with Glencairn, or licensed, authorized,

20 sponsored, endorsed, or approved by Glencairn in any way.

21 28. This deception, confusion, and misleading conduct is particularly damaging

24 29. Defendant continues to manufacture, advertise, sell, and otherwise use in

2 GLENCAIRN Trade Dress.

13 malice, oppression, and fraud.

14 FIRST CLAIM FOR RELIEF

15 FEDERAL TRADE DRESS INFRINGEMENT

16 (Lanham Act 32, 15 U.S.C. 1114)

18 paragraphs 1 through 31 above.

21 commerce in the United States since at least September 1, 2004.

22 34. Defendants unauthorized use of a confusingly similar imitation of the

25 distributed by Glencairn, is associated or connected with Glencairn, or has the sponsorship,

26 endorsement, or approval of Glencairn.

2 Section 32 of the Lanham Act, 15 U.S.C. 1114.

3 36. Defendants conduct, including Defendants mislabeling of the Del Rey

4 Whiskey Glass as a Glencairn glass, demonstrates a willful violation of Glencairns rights

10 therefore entitled to injunctive relief pursuant to 15 U.S.C. 1116.

11 38. Pursuant to 15 U.S.C. 1117(a), Glencairn is also entitled to recover

13 suit. Furthermore, Defendants willful infringement of the GLENCAIRN Trade Dress

15 reasonable attorney fees.

16 SECOND CLAIM FOR RELIEF

17 FEDERAL UNFAIR COMPETITION

18 (Lanham Act 43(a), 15 U.S.C. 1125(a))

20 paragraphs 1 through 38 above.

24 Glass and GLENCAIRN Trade Dress as a designation of source.

25 41. Through the use of a confusingly similar imitation of the GLENCAIRN

26 Glass and GLENCAIRN Trade Dress, Defendant is knowingly and intentionally

3 Defendant with Glencairn, so as to create a likelihood of confusion among the public as to

5 connection, and association of Defendant with Glencairn.

6 42. The aforesaid conduct constitutes false endorsement, false designation of

9 43. Defendants conduct, including Defendants mislabeling of the Del Rey

10 Whiskey Glass as a Glencairn glass, demonstrates a willful violation of Glencairns rights

12 GLENCAIRN Trade Dress.

18 45. Pursuant to 15 U.S.C. 1117(a), Glencairn is also entitled to recover

20 suit. Furthermore, Defendants willful infringement of the GLENCAIRN Glass and

22 and entitles Glencairn to its reasonable attorney fees.

23 THIRD CLAIM FOR RELIEF