Case 2:11-cv-00686-UA-DNF Document 1

Filed 12/06/11 Page 1 of 10 PageID 1

UNITED STATES DISTRICT COI-IRT MIDDLE DISTRICT OF FLORIDA (Fort Myers Division)
Case No

THE WIGGLEBUTT INN, INC

plaintiff,
V

PLAN B ENTERPRISES, LLC dIbIA WIGGLEBUTT DOGHOUSE,

defendant.

COMPLAINT
The Wigglebutt Inn, Inc., a dog boarding and dog daycare services facility, brings this action against Plan B Enterprises,LLC, dlblaWigglebutt Doghouse, for trademark infringement
and dilution under the United States Trademark

Act, l5 U.S.C. $$

1051 , et seq. (the Lanham

Act), the Florida Trademark Act, Florida Statutes, $$ 495.001 , et seq., and federal and Florida
common law. The Wigglebutt Inn recently learned that V/igglebutt Doghouse was operating a business

providing essentially identical services of dog boarding and dog daycare and using the confusingly similar business name'Wigglebutt Doghouse. Despite The Wigglebutt Inn's efforts to protect its valuable trademark, including its cease and desist letter to the defendant, Wigglebutt Doghouse continues to misuse the mark to defraud the public. The'Wigglebutt Inn
has no choice but to seek relief from this Court to put an end to the ineparable harm that

Wigglebutt Doghouse is causing.

Case 2:11-cv-00686-UA-DNF Document 1

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Parties and Persons

1.

The Wigglebutt Inn, Inc., is organized and existing under Florida law with its

principal place of business at 5400 Jaeger Road, Naples, Florida 34109. The Wigglebutt Inn is
the sole owner of U.S. Trademark Reg. No. 3,795,703.

2.

On information and belief, Plan B Enterprises,LLC, dlblaWigglebutt Doghouse

("Wigglebutt Doghouse"), is organized and existing under Indiana law with its principal place of
business at 8455 Moller Road Suite 500, Indianapolis, Indiana 46268.

Jurisdiction and Venue

3.

This Court has federal question jurisdiction and diversity jurisdiction under 28

U.S.C. $$ 1331, 1338, and 1367(a). This Court has personal jurisdiction over Wigglebutt
Doghouse given that its website containing

infringements-www.Wigelebutt4gghpu

is

accessible in Florida, the intentional torls are directed at Florida, and the harm is felt specifically

in Florida.

4.

Venue is this District is founded on 28 U.S.C. $ 1391(b) (2). The Wigglebutt

Inn's place of business is also within this judicial district.

FACTU AL BACKGROUND
The Wigglebutt Inn Trademark

5.

The Wigglebutt Inn is a boarding and daycare facility for dogs in Naples, Florida.

The Wigglebutt Inn owns all right, title, and interest in The Wigglebutt Inn@ mark which was registered with the United States Patent and Trademark Office on June I,2010 and bears registration number 3,795,703. See C. Grieve Decl. Ex. A.r The 'Wigglebutt Inn also registered

20 I

Sxhibit references to "C. Grieve Decl. Ex. " refer to the Declaration of Catherine C. Grieve dated December 2, l, filed contemporaneously with and in support of this Complaint.

Case 2:11-cv-00686-UA-DNF Document 1

Filed 12/06/11 Page 3 of 10 PageID 3

The Wigglebutt Inn trademark in the State of Florida (document number T11000001130). See C Grieve Decl. Ex. B.

6. 7.

The V/igglebutt Inn@ mark was first used in commerce in September 2009 and

has been in continuous use in commerce since September 2009.

The Wigglebutt Inn has been involved in extensive adverlising and promotion of

The Wigglebutt Inn@ mark since September 2009. That advertising and promotion has
established recognition and goodwill towards The V/igglebutt Inn@ mark among members of the

purchasing public,

8. 9.

As a result of The V/igglebutt Inn's widespread and continuous use and

promotion, The Wigglebutt Inn@ mark has become distinctive and widely known.
The Wigglebutt Inn@ mark serves to distinguish The Wigglebutt Inn's quality

dog daycare and dog boarding services from those of others. Thus, The V/igglebutt Inn@ mark
represents and embodies the enviable reputation and valuable goodwill of The Wigglebutt Inn

among members of the purchasing public.

10.

There is substantial public demand for the goods and services offered by The

Wigglebutt Inn in connection with its valuable The V/igglebutt Inn@ mark. As a result, the

goodwill generated by The Wigglebutt Inn@ mark, and the right to manufacture, sell, and
distribute services and products bearing that mark, are valuable commercial property rights.

The Defendant's Infrinsins Conduct

11.

On information and belief, in or about September 2010, Wigglebutt Doghouse

began to use the phrase "V/igglebutt Doghouse." Vy'igglebutt Doghouse uses the phrase

"Wigglebutt Doghouse" as the business name for its dog boarding and dog daycare facility and
as its domain

name- www.wi

glebuttdo ghguse. com.

Case 2:11-cv-00686-UA-DNF Document 1

Filed 12/06/11 Page 4 of 10 PageID 4

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12.

In or about June 2011, incidents of actual confusion began to occur between The

Wigglebutt Inn's lawful use of its valuable The V/igglebutt Inn@ mark and Wigglebutt
Doghouse's unlawful use of a confusingly similar phrase in connection with similar services.

13.

On or about June24,20lI, The Wigglebutt Inn advised Wigglebutt Doghouse

of

the registered The Wigglebutt Inn@ mark and instructed the Wigglebutt Doghouse to cease and
desist from infringing upon The V/igglebutt Inn's mark. See C. Grieve Decl. Ex. C.

14.

Despite The V/igglebutt Inn's demands that Wigglebutt Doghouse cease and

desist in the use of any marks confusingly similar to The'Wigglebutt Inn's registered The

Wigglebutt Inn@ mark, Wigglebutt Doghouse continues to do so.

1

5.

Upon information and beliefl, the activities of V/igglebutt Doghouse that are

complained of here constitute willful and intentional infringement of The Wigglebutt Inn's

federally registered trademark, are in total disregard of The Wigglebutt Inn's rights, and, were
commenced and have continued in spite of 'Wigglebutt Doghouse's actual knowledge that the use

Case 2:11-cv-00686-UA-DNF Document 1

Filed 12/06/11 Page 5 of 10 PageID 5

of any mark confusingly similar to The Wigglebutt Inn@ mark, was and is in direct
contravention of The Wigglebutt Inn's rights.

16.

Wigglebutt Doghouse's use of a mark confusingly similar to The Wigglebutt

Inn@ mark has been without The V/igglebutt Inn's consent,

will

cause and has caused confusion

to the purchasing public.

17.

As a result of Wigglebutt Doghouse's actions, The Wigglebutt Inn has no

adequate remedy at law, and is suffering irreparable harm to its business, reputation, and

goodwill as a result of the acts of Wigglebutt Doghouse.

18.

Unless enjoined,'Wigglebutt Doghouse's conduct is likely to continue to dilute

the distinctive quality of The'Wigglebutt Inn@ mark and injure The Wigglebutt Inn's its
business, reputation, and goodwill.

19.

The Wigglebutt Inn has engaged Rivero Mestre LLP ("RM") as its counsel to

prosecute this action, and

it is obligated to pay RM's reasonable legal fees and costs in doing so.

COUNT I

FEDERAL TRADEMARK INFRINGEMENT VIOLATION OF THE LANHAM ACT (ls U.S.C. 51114)

20. 21. 22.

The Wigglebutt Irur realleges paragraphs 1 through l9 as though stated here.

Wigglebutt Doghouse's unauthorized use of the term "Wigglebutt Doghouse,"

colorably imitates and constitutes trademark infringement of The Wigglebutt Inn@ mark. Wigglebutt Doghouse's conduct is also likely to cause confusion and mistake in

the minds of members of the purchasing public as to the source of the services and goods offered

in connection with The Wigglebutt Inn@ matk, in violation of 15 U.S.C. $11la(a) and (b).

23.

On information and belief, 'Wigglebutt Doghouse's acts of trademark

infringement were committed with the intent to cause confusion and mistake and to deceive.

Case 2:11-cv-00686-UA-DNF Document 1

Filed 12/06/11 Page 6 of 10 PageID 6

24.

By reason of Wigglebutt Doghouse's infringing acts as alleged here, The

Wigglebutt Inn has suffered, and will continu to suffer, irreparable damage to its business,
reputation, and goodwill.

25.

The Wigglebutt Inn will continue to be irreparably harmed by its inability to

control Wigglebutt Doghouse's actions and by the resulting confusion and deception of members of the purchasing public from those actions.

COUNT

II

VIOLATION OF THE LANHAM ACT (ls U.S.C. $ 112s)

26. 27.

The Wigglebutt Inn realleges paragraphs 1 through 19 as though stated here. The use of imitations and counterfeits of The Wigglebutt Inn's trademarks by

'Wigglebutt Doghouse as described above, constitutes a false designation of origin and a false description or representation ofservices in that such use wrongly and falsely designates services
developed, promoted and distributed by'Wigglebutt Doghouse as originating from or connected

with The'Wigglebutt Inn, and constitutes false descriptions or representations in interstate

commerce and also constitutes unfair competition.

28.

For these reasons, Wigglebutt Doghouse has violated and is continuing to violate

15 U.S.C. $ 1125, and The Wigglebutt Inn is entitled to permanent injunctive

relief, attorneys'

fees, and costs as provided

in

15 U.S.C.

$11

17(a).

29.

The V/igglebutt Inn has no adequate remedy law, and is suffering irreparable

harm as a result of Wigglebutt Doghouse's acts.

COUNT

III

VIOLATION OF SETION 495.131, FLORIDA STATUTES

30.

The Wigglebutt Inn realleges paragraphs 1 through 19 as though stated here.

Case 2:11-cv-00686-UA-DNF Document 1

Filed 12/06/11 Page 7 of 10 PageID 7

31. 32.

This Count arises under Section 495,131, Florida Statutes ("Infringement"). The

'Wigglebutt Inn seeks a permanent injunction.

Wigglebutt Doghouse's unauthorized use, promotion, advertising, reproduction,

and sale of services bearing imitations of The Wigglebutt Inn's trademarks, have confused,

misled and deceived, and also threaten, tends and are likely to confuse, mislead, and deceive the
trade and consuming public into mistakenly believing that the services promoted, sold, and

distributed by Wigglebutt Doghouse are The Wigglebutt Inn-branded services tbat are authorized, sponsored, approved, or vouched for by The Wigglebutt Inn.

33.

Wigglebutt Doghouse's trademark infringement has caused irreparable harm and

immediate injury to The Wigglebutt Inn, including injury to its reputation and dilution of the

distinctive quality of The Wigglebutt Inn's trademarks.

34.

V/igglebutt Doghouse has infringed and continues to infringe The Wigglebutt

Inn's trademark with knowledge of The Wigglebutt Inn's statutory and common law rights in
The Wigglebutt Inn's trademark and with knowledge that the services promoted, distributed, and sold by V/igglebutt Doghouse is likely to and is intended to cause confusion, deception, and mistake among the consuming public and trade as to the true origin of such items.

35. 36.

Wigglebutt Doghouse has engaged in the conduct described above without The

Wigglebutt Inn's consent.

For these reasons, Wigglebutt Doghouse has violated and continues to violate

Section 495.131, Florida Statutes, and The V/igglebutt Inn is entitled to preliminary and permanent injunctive relief, attorney's fees, and costs.

37.

The Wigglebutt Inn has no adequate remedy at law.

Case 2:11-cv-00686-UA-DNF Document 1

Filed 12/06/11 Page 8 of 10 PageID 8

COUNT IV VIOLATION OF SECTION 495.151, FLORTDA STATUTES

38. 39. 40.

The V/igglebutt Inn realleges paragraphs

I through 19 as though

stated here.

This Count arises under Section 495,151, Florida Statutes ("Injury to Business

Reputation; Dilution"). The Wigglebutt Inn seeks a permanent injunction.

'Wigglebutt Doghouse's use of The Wigglebutt Inn's trademark, to which The

Wigglebutt Inn has exclusive rights, will damage The Wigglebutt Inn's business reputation and dilute the distinctive quality of its identification with its high quality products, all to The Wigglebutt Inn's irreparable harm.

41.

For these reasons, Wigglebutt Doghouse has violated and continues to violate

Section 495.151, Florida Statutes, and The Wigglebutt Inn is entitled to permanent injunctive

relief, attorney's fees, and costs.

42.

The V/igglebutt Inn has no adequate remedy at law.

PRAYER FOR RELIEF

WHEREFORE, The Wigglebutt Inn demands that this Court enter an order:

l.

Permanently enjoining and restraining 'Wigglebutt Doghouse, its principals,

agents, servants, employees, attorneys, representatives, successors and assigns, and all persons,

entities, firms, and corporations acting in privity, concert, or participation with it, from:

(a) (b)

directly or indirectly infringing The Wigglebutt Inn@ mark in any manner;

using in any way The Wigglebutt Inn@ mark, or any reproduction,

counterfeit, copy, or colorable imitation of The Wigglebutt Inn@ mark, including, but not limited to, the use of the term "Vy'igglebutt," "Wiggle Butt," and "Wiggle-

Butt" as to any item including, but not limited to its business name, corporate
name, company name, Internet domain name or website;

Case 2:11-cv-00686-UA-DNF Document 1

Filed 12/06/11 Page 9 of 10 PageID 9

(c)

engaging in any conduct that tends to falsely represent, or is likely to

confuse, mislead, or deceive members of the purchasing public to believe, that

Wigglebutt Doghouse is in some way connected, affrliated, sponsored, approved, or licensed by The V/igglebutt Inn;

(d)

otherwise competing unfairly with The Wigglebutt Inn in any manner, or

interfering with The V/igglebutt Inn's rights in, or use of, the The Wigglebutt
Inn@ mark; and

(e) 2.

diluting and infringing The Wigglebutt Inn

mark or damaging The

V/igglebutt Inn's business, reputation, or goodwill.

Requiring Wigglebutt Doghouse to deliver to The Wigglebutt Inn for destruction,

all products, packages, labels, catalogs, tags, brochures, cards, advertisements, signs, displays,
literature stationery, promotional material, and all other items in its possession or under its control, bearing the name The'Wigglebutt Doghouse;

3.

Requiring Wigglebutt Doghouse to account for and to pay to The V/igglebutt Inn

all of V/igglebutt Doghouse's profits, gains and advantages resulting from The Wigglebutt
Doghouse's wrongful conduct;

4.

Awarding The Wigglebutt Inn actual damages sustained by V/igglebutt

Doghouse's trademark infringement, and in view of the flagrant and deliberate charucler of such

infringement, assessment of treble damages and The V/igglebutt Inn's attorney's fees and costs;
and

5.
deem

Awarding The Wigglebutt Inn such other and further relief as the Court may

just and proper under the circumstances, together with the costs and disbursements which

Carnival has incurred in connection with this action.

Case 2:11-cv-00686-UA-DNF Document 1

Filed 12/06/11 Page 10 of 10 PageID 10

DEMAND FOR JURY TRIAL

The Wigglebutt Inn demands trial by jury as to all issues so triable as a matter of right, Dated: Decmber

5,20II.

Respectfully submitted, RIVERO MESTRE LLP Attorneys for The Wigglebutt Inn 2525 Ponce de Leon Boulevard Suite 1000 Miami, Florida 33134 Telephone: 305-445-2500 Facsimile: 305 -445 -2505 Email : cgrieve@riveromestre. com

By:

/s/ Catherine Grieve Catherine Grieve Fla. Bar No.129363

10

Case 2:11-cv-00686-UA-DNF Document 2

Filed 12/06/11 Page 1 of 13 PageID 13

UNITED STATES DISTRICT COTJRT MIDDLE DISTRICT OF FI,ORIDA (Fort Meyers Division)
Case No.

THE V/IGGLEBUTT INN, INC

plaintiff,
V

PLAN B ENTERPRISES, LLC dIbIA V/IGGLEBUTT DOGHOUSE,

defendant.

DECLARATION OF CATHERINE C. GRIEVE

I, Catherine C. Grieve, make the following declaration in support of The V/igglebutt Inn, Inc.'s Complaint and requested relief of
a Permanent

Injunction:

1. 2, 3. 4.

I am acitizen of the United

States and reside in Miami-Dade County,

Florida. I

am over 18 years of age, and I give this declaration on my own personal knowledge.

I am an attorney at Rivero Mestre LLP.

The 'Wigglebutt Inn is a boarding and daycare facility for dogs in Naples, Florida.

At present, The V/igglebutt Inn owns all right, title, and interest in The

'Wigglebutt Inn@ mark which was registered with the United States Patent and Trademark Office on June 7,2010 and bears registration number 3,795,703. A printout of the proof of registration, available from the United State's Patent and Trademark Office's Trademark Electronic Search
System, is attached as Exhibit A.

Case 2:11-cv-00686-UA-DNF Document 2

Filed 12/06/11 Page 2 of 13 PageID 14

5.

The Wigglebutt Inn also registered The Wigglebutt Inn trademark in the State of

Florida (document number T11000001 130). A copy of the Florida Department of State Division

of Corporations' website printout for this registration is attached as Exhibit B.

6.

On or about J:une24,20Il, The Wigglebutt Inn advised Wigglebutt Doghouse

of

the registered The Wigglebutt Inn@ mark and instructed the Wigglebutt Doghouse to cease and desist from infringing upon The Wigglebutt Inn's

mark. A copy of the certified letter sent

as

notice to'Wigglebutt Doghouse is attached as Exhibit C. Under 28 United States Code, Section 1746(2),I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Dated: December 2,2011

CATHERINE GRIEVE

Case 2:11-cv-00686-UA-DNF Document 2

Filed 12/06/11 Page 3 of 13 PageID 15

Exhibit A

Case 2:11-cv-00686-UA-DNF Document 2

Filed 12/06/11 Page 4 of 13 PageID 16

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THE \4,'IGGLEBUTT I{N

Word Mark THE WIGGLEBUTT INN Goods and Services lC 043. US 100 101. G & S: Pet boarding and daycare services for dogs
FIRST USE: 20090909. FIRST USE lN COMMERCE: 20091009

Standard Characters
Claimed Mark Drawing Code Serial Number
(4) STANDARD CHARACTER MARK

Filing Date Gurrent Filing Basis Original Filing Basis Published for Opposition Registration Number Registration Date
Owner

77846318 October 12,2009

1A 1A

March 16, 2010

3795703

Attorney of Record
Type of Mark Register Live/Dead lndicator

June 1,2010 (REGISTRANT)The Wigglebutt lnn, lnc. CORPORATION FLORIDA Suite 3 5400 Jaeger Road Naples FLORIDA 34109 Christopher A. Mitchell SERVICE MARK
PRINCIPAL
LIVE

Case 2:11-cv-00686-UA-DNF Document 2

Filed 12/06/11 Page 5 of 13 PageID 17

Exhibit B

- Department of State www,sunbiz.orgCase 2:11-cv-00686-UA-DNF

Document 2

h@ : //www,surbiz.orglscripts/cordet. Filed 12/06/11 Page 6 of

exe?action:DETFIL&inqdoc-.,. 13 PageID 18

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THE WIGGLEBUTT INN

Frlrn
Date

lnformation Number
T11000001130
1111012011 1111012016

Document

Filed Expiration Date Status

First Used in Florida 0710112009 First Used Anywhere 0710112009

ACTIVE

Mark Used ln Connection With

DOG DAY CARE AND DOG BOARDING, DOG BATHS

Owners
Name & Address PAUL, GEORGE S 561 NEAPOLITAN I.ANE

MPLES FL 34103

Type/Class
sM-004300 00000000000 00000000000 00000000000 00000000000
00000000000 00000000000 00000000000 00000000000 00000000000 00000000000 00000000000 00000000000 00000000000 00000000000 00000000000 00000000000 00000000000 00000000000 00000000000

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Case 2:11-cv-00686-UA-DNF Document 2

Filed 12/06/11 Page 7 of 13 PageID 19

Exhibit C

Case 2:11-cv-00686-UA-DNF Document 2

Filed 12/06/11 Page 8 of 13 PageID 20

222 SOUTH MAIN STREET

ROETZEL ),tXDRESS
A LEGAL PROFESSIONAL ASSOCIATION

AKRON, OH 44308 330.376.2700 MArN 330.376.4577 F^x sketler@ralaw.com www ralaw com

Iune24,20ll

VIA CERTIFIED MAIL

RETURN RECEIPT REOUESTED SUBJECT TO FEDER,AL RULE OF EVIDENCE 408
Wigglebutt Doghouse 8455 Moller Road
Suite 500 Indianapolis,

IN

46268

Re:

THE WIGGLEBUTT INN, U.S. Trademark Reg. No. 3,795,103

Dear Sir or Madam:

I represent The Wigglebutt Inn, Inc. ("Wigglebutt Inn"), owner of the valuable THE V/IGGLEBUTT INN trademark and U.S. Trademark Registration No. 3,195,703 for that same mark, as referenced above. My client's THE V/IGGLEBUTT INN trademark is used and registered for use in the U.S. in connection with "pet boarding and daycare services for dogs". The details of U.S. Trademark Reg. No. 3,195,703 for THE WIGGLEBUTT INN are attached hereto as Attachment A, for your reference. In addition to trademark rights throughout the U.S. conferred by ownership of U.S. Trademark Reg. No. 3,J95]03, Wigglebutt Inn has also gained well-established common law rights in THE WIGGLEBUTT INN as a result of its continuous and extensive use of that trademark in commerce in the United States since September 2009.
Wigglebutt Inn has recently learned that you are operating a business which provides boarding and daycare services for dogs under a WIGGLEBUTT DOGHOUSE trademark and business name, and that you are using a wigglebuttdoghouse.com domain name for the same purposes. See Wigglebutt Doghouse Web Page Print-Out attached hereto as Attachment B. Wigglebutt Inn believes that your use of WIGGLEBUTT DOGHOUSE is confusingly similar to its THE WIGGLEBUTT INN trademark and business name. Specifically, your use of WIGGLEBUTT DOGHOUSE as a trademark, business name, and domain name is likely to lead consumers and others to believe that you are associated or affiliated with or sponsored or endorsed by Wigglebutt Inn, when in fact no such association, affiliation, sponsorship or
endorsement exists.

Although your mark and name include the term "DOGHOUSE" rather than "INN", this difference would likely be insufficient to differentiate your trademark and name from those of
NEwYORK wASH[\rgTSllo
CLEVELAND
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Tomoo Omuoo

AKRoN
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FoRt LnunRoRr-E

Case 2:11-cv-00686-UA-DNF Document 2

Filed 12/06/11 Page 9 of 13 PageID 21

June24,20II
PageZ

my client, due to your inclusion of the distinctive and unique "WIGGLEBUTT" portion. The likelihood of confusion is exacerbated by the fact that your services and those of Wigglebutt Inn are essentially identical. In addition, because Naples, Florida is a resort destination, Wigglebutt Inn does indeed have customers from Indianapolis and other cities in the Midwest. As such, Wigglebutt Inn's customer base and market likely overlap with yours, further increasing the
chances of customer confusion.

Given all of the above, we believe that your use of the WIGGLEBUTT DOGHOUSE trademark, business name, and domain name may violate Wigglebutt Inn's rights under the U.S. trademark laws, 15 U.S.C. $ 11T4, 1125(a), (c), and (d), as well as similarly applicable state trademark and Ceoeptive irade praoti<.:es !aws. Furthermore, your use of "WIGGLEBUTT" may dilute the distinctive quality of that term, under 15 U.S.C. $ 1125(c) and analogous applicable state laws, and may harm the goodwill that Wigglebutt Inn n-as developed through its extensive use and promotion of THE WIGGLEBUTT INN. Wigglebutt Inn seeks to avoiri any consumer confusion, deception, or mistake in the market regarding the source of Wigglebutt Inn's services and yours. In addition to avoiding confusion - and noting that you have only recently commenced business operations under the V/IGGLEBUTT DOGHOUSE trademark and name - V/igglebutt Irur also seeks to provide you wlth tne courtesy oI aclvlsmg you oI tnrs lrKelmooo or conruslon now, Derore you rnvest more time and money into a trademark and name that is likely to cause confusion. Accordingly, we ask you to confirm in writing within fourteen (14) days of the date of this letter that you will immediately comply with the following steps:

(1)

Cease any and all use of the term "WIGGLEBUTT" and similar terms, including without limitation "WIGGLE-BUTT" and "WIGGLE BUTT". Such cessation of use must include, without limitation, cessation of all use on your website(s) and web page(s), in emails and mail solicitations, in all advertising and promctional materials, and in the provision of your services. Cease any and all use of the term "WIGGLEBUTT" and similar tems, including without lirnitation "'WIGGLE-BUTT" and "WIGGLE BUTT", in your business

(2) (3)

name(s), corporate name(s), and/or company name(s).

all use of the term WIGGLEBUTT and similar terms, including without limitation "WIGGLE-BUTT" and WIGGLE BUTT", in your domain name(s), including without limitation the "wigglebuttdoghouse.com" domain name, and allow the "wigglebuttdoghouse.com" domain name registration to expire without renewal, as it is scheduled to do on November 15,201I.
Cease any and

1753537
l'153'740

01 \ 123541.0004

v 0l \ 123541.0004

Case 2:11-cv-00686-UA-DNF Document 2

Filed 12/06/11 Page 10 of 13 PageID 22

June24,20ll
Page
3

The demands made in this letter shall not waive or prejudice any rights or remedies that V/igglebutt Inn may have in respect to the subject matter hereof, all of which rights and remedies are expressly reserved. Wigglebutt Inn hopes to resolve this matter amicably, and thanks you in advance for your timely response to this letter.

Very truly yours, ROETZEL & ANDRESS, LPA

Suzanne K. Ketler

1753537
1153'740

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THE lAIGGLEBUTT IhTN

Word Mark Goods and Services Standard Characters
Claimed Mark Drawing Code Serial Number
(4) STANDARD CHARACTER MARK THE WIGGLEBUTT INN lC 043. US 100 101 . G & S: Pet boarding and daycare services for dogs. FIRST USE 20090909. FIRST USE lN COMMERCE:20091009

Filing Date Current Filing Basis Original Filing Basis Published for Opposition Registration Number Registration Date

77846318 October 12,2009

1A 1A

March 16,2010
3795703

June 1,2010

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(REGISTRANT)The Wigglebutt lnn, lnc. CORPORATION FLORIDA Suite 3 5400 Jaeger Road Naples FLORIDA 34109
Christopher A. Mitchell

Attorney of Record Type of Mark Register Live/Dead lndicator

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SERVICE MARK
PRINCIPAL LIVE
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