IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

BLUE BELL INN, INC. )

601 Skippack Pike )

Blue Bell, PA 19422, ) 

Plaintiff, )

)

v. )

)

ANDREW KAMARATOS and )

AGGI, L.P., d/b/a BLUE BELL DINER, )

1324 Skippack Pike )

Blue Bell, PA 19422, )

Defendants. )

COMPLAINT FOR TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION

Plaintiff, Blue Bell Inn, Inc. (“Blue Bell Inn”), by and through its attorneys, for its complaint

against the above named Defendants, alleges as follows:

THE PARTIES

1. Plaintiff, Blue Bell Inn, Inc., is a corporation organized and existing under the laws

of the Commonwealth of Pennsylvania, and has its principal place of business at 601 Skippack Pike,

Blue Bell, PA 19422.

2. Defendant, Andrew Kamaratos, is an individual residing, on information and belief,

at 647 Store Road, Harleysville, Pennsylvania 19438-2717, and is a partner in a limited partnership,

AGGI, L.P., having an address at 1340 East Ridge Pike, Plymouth Meeting, Pennsylvania 19462.

3. Defendant, AGGI, L.P., is a limited partnership, which owns and operates a business

under the fictitious name, Blue Bell Diner, located at 1324 Skippack Pike, Blue Bell, Pennsylvania

19422.

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JURISDICTION

4. Jurisdiction over the federal claims in this action arises under the Trademark Law of

the United States, The Lanham Act Sections 32, 39 and 43(a), 15 U.S.C. §§ 1114, 1121 and 1125(a).

5. Venue is proper under the Judicial Code of the United States, 28 U.S.C. § 1338 and

§1391, in that the events giving rise to this action occurred in this District and Defendants can be

found in this District.

6. This action arises out of Defendants' operation of a restaurant under the name, “Blue

Bell Diner”, in the vicinity of the Plaintiff's restaurant operating under the name, “Blue Bell Inn.”

FACTS COMMON TO ALL COUNTS

7. Blue Bell Inn has been, and presently is, engaged in providing restaurant services at

the address indicated above and has been well-known throughout the community for more than fifty

years.

8. Blue Bell Inn secured and duly registered its trademarks and owns the United States

Trademark Registration numbers 1,758,963 ( “BLUE BELL INN”); 1,862,871 (design of a blue bell

and ribbon); and 1,899,357, “BLUE BELL CAFÉ” (copies attached as Exhibits A, B and C). These

registrations have been accorded incontestability status.

9. On information and belief, Defendants are in the business of rendering restaurant

services under the name, “Blue Bell Diner Restaurant,” using a blue bell and ribbon (Exhibit D). 

10. Prior to the Defendants’ adoption and use of the name, “Blue Bell Diner Restaurant”,

and the blue bell and ribbon logo, they were advised of Plaintiff’s trademark rights and registrations

and requested to select another name for their restaurant in order to avoid any legal problems (copy

of communication attached as Exhibit E).

11. Subsequently, the Defendants adopted and used the mark, BLUE BELL DINER

Case 2:02-cv-04068-JF Document 1 Filed 06/26/2002 Page 2 of 8
RESTAURANT, and the blue bell and ribbon logo in commerce.

12. Thereafter, Defendants were again advised of Blue Bell Inn’s registrations with the

request that they cease and desist their use of the marks, in violation of Blue Bell Inn’s trademark

rights (copy of communication attached as Exhibit F).

FIRST CLAIM FOR RELIEF

FEDERAL TRADEMARK INFRINGEMENT AGAINST ALL DEFENDANTS

13. Plaintiff repeats and realleges paragraphs 1 through 12 as if fully set forth herein.

14. Plaintiff has established good will in its marks.

15. As a result of Plaintiff’s extensive use and promotion of Plaintiff’s marks, Plaintiff’s

marks have acquired considerable value and have become extremely well known to the consuming

public as identifying and distinguishing the services emanating from Plaintiff.

16. Defendants have advertised and used in commerce the service mark, BLUE BELL

DINER RESTAURANT, and a blue bell and ribbon logo in connection with restaurant services in

the vicinity of Plaintiff’s restaurant operated under the “BLUE BELL INN” trademark, together with

the blue bell and ribbon design. 

17. Defendants’ business knowingly trades on and exploits Plaintiff’s marks and

reputation. The channels of trade and information distribution regarding the marks of the parties is

the same for both the Plaintiff and the Defendants.

18. Defendants' use of the name and logo, both of which designations are confusingly

similar in sight, sound and meaning to Plaintiff's registered marks, infringes Plaintiff's federally

registered trademarks identified above.

19. Defendants' acts and conduct as set forth above constitute willful infringement of

Plaintiff's trademarks.

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20. The Defendants’ use of colorable imitations of Plaintiff’s marks are material, false

descriptions and representations tending falsely to describe or represent Defendants’ services, and

are designed to deceive, and have tendency to deceive, and have deceived buyers and customers of

those services as to the source of origin of the services.

21. The aforesaid deception by the Defendants is designed to influence, and is likely to

influence, and has influenced the decision of buyers concerning the purchase of restaurant services.

22. Defendants intentionally placed the false statements and caused them to be placed in

the media and in interstate commerce with the intent of deceiving the purchasing public as to the

source of origin of the services of Defendants.

23. The action of the Defendants complained of herein have been fully undertaken

without license or permission of the Plaintiff.

24. Defendants have wrongfully profited from the above-described infringing uses.

25. Plaintiff has been irreparably harmed by Defendants’ acts as aforesaid.

WHEREFORE, Plaintiff, Blue Bell Inn, prays for entry of judgment providing that:

a. Defendants have infringed upon Plaintiff’s registered trademarks;

b. Defendants’ infringement of said trademarks has been willful and deliberate;

c. Defendants, theirofficers,agents, employees, privies, successors and assigns,

and all persons and entities holding by, through or under them, and those acting for or in concert with

them or in their behalf, be preliminarily and permanently enjoined from further infringement;

d. Defendants,theirofficers, agents, employees, privies, successors and assigns,

and all persons and entities holding by, through or under them, and those acting for or in concert with

them or in their behalf, be permanently enjoined and restrained from:

i. Using Plaintiff’s service marks, BLUE BELL INN and the blue bell

Case 2:02-cv-04068-JF Document 1 Filed 06/26/2002 Page 4 of 8
and ribbon design, BLUE BELL CAFÉ, or any reproduction, counterfeit, copy or colorable imitation

thereof, such as the “BLUE BELL DINER” and the blue bell and ribbon design and “BLUE BELL

DINER RESTAURANT” used by the Defendants, as a trademark or service mark, in any way, such

as part of a domain name, or in any other way connected with their services;

ii. Competing unfairly with Plaintiff in any way in the rendition of

restaurant services through the use of the Plaintiff’s marks, or any colorable imitations thereof;

iii. Causing likelihood of confusion with products or services originating

from Plaintiff by using Plaintiff’s marks, or any colorable imitations thereof; 

e. Defendants be adjudged to have infringed Plaintiff’s service mark rights and

thereby to have competed unfairly with Plaintiff;

f. Defendants be adjudged to have created a likelihood of injury to Plaintiff’s

business reputation and dilution of Plaintiff’s service marks and forms of advertisement;

g. Defendants be required to take appropriate measures to correct any confusion

caused by their infringing activities;

h. Defendants account for and pay to Plaintiff all damages caused to Plaintiff by

Defendants’ infringement of Plaintiff’s service marks, and that such damages be enhanced in view

of the deliberate and wilful nature of the infringement of said service marks. In assessing damages,

that the Court enter judgment, according to the circumstances of this case, for any sum above the

amount found as actual damages up to three times of such amount; such damage to include, inter

alia, or in the alternative, lost profits (whichever are greater); 

i. Plaintiff be granted its reasonable attorneys’ fees and costs of this action; and

j. Plaintiff be granted such other and further relief as the equities of this case

may require and the Court may deem just and proper.

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SECOND CLAIM FOR RELIEF

VIOLATION OF §43(a) OF THE LANHAM ACT (15 U.S.C. §1125(a))

AGAINST ALL DEFENDANTS

26. Plaintiff repeats and realleges paragraphs 1 through 12 as if fully set forth herein.

27. This is a claim for false designation of origin arising under the Trademark Laws of

the United States, Lanham Act, Section 43(a), 15 U.S.C. § 1125(a).

28. Defendants’ use ofthe trademark,BLUE BELL DINER RESTAURANT and the blue

bell and ribbon logo associated with it in connection with the marketing and rendering of restaurant

services is likely to cause, and has caused, mistake or to deceive and has caused deception amongst

purchasers in the erroneous belief that the services emanate from, are endorsed by or are authorized

by or are associated or are sponsored by or in some way connected with Plaintiff's rendering of

restaurant services under the Plaintiff’s aforesaid marks.

29. The Defendants’ acts and conduct set forth above constitute contributory and willful

infringement of Plaintiff's federally registered trademarks and willful unfair competition with

Plaintiff.

30. Defendants’ acts aforesaid are in violation of 15 U.S.C. § 1125(a).

31. Plaintiff has been, and is likely to, continue to be damaged by Defendants’ use of

these false designations of origin and false descriptions and representations.

32. Plaintiff has been, and will continue to be, irreparably injured by Defendants’

aforesaid acts and, accordingly, has no adequate remedy at law.

WHEREFORE, Plaintiff asks this Court to:

a. Grant an injunction restraining and enjoining Defendants and all those in

privity, consort or participation with them, against further acts of trademark infringement and unfair

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competition by them in the use of the BLUE BELL mark and blue bell and ribbon logo.

b. Find that Defendants have infringed on Plaintiff’s trademarks by the acts

complained of.

c. Find that Defendants have unfairly competed with Plaintiff by their acts

complained of herein.

d. Require Defendants to deliver up for destruction all articles, promotional and

advertising material of any kind bearing the aforesaid trademarks or any colorable imitations thereof.

e. Award Plaintiff all of Defendants’ profits and further award Plaintiff damages

as a result of Defendants’ willful infringement and unfair competition in a

n amount to be determined by an accounting, if necessary.

f. Award Plaintiff its attorneys' fees and costs; 

g. Grant Plaintiff such other and further relief as the Court may deem just and

proper in the circumstances; and

. A jury trial is demanded for all issues triable to a jury.

BLUE BELL INN, INC.

By______________________________________

Frank J. Benasutti, Esquire

Pennsylvania Attorney ID No. 04645

Benasutti, P.C.

One Boca Commerce Center

551 N.W. 77th Street, Suite 111

Boca Raton, FL 33487

Tel. 561-994-5959

Fax 561-994-5990

email: IPTRIALS@aol.com

and

Case 2:02-cv-04068-JF Document 1 Filed 06/26/2002 Page 7 of 8
Paul J. Downey, Esquire

Pennsylvania Attorney ID No. 14154

1806 Callowhill Street

Philadelphia, PA 19130

Tel. 215-568-2235

Fax 215-568-4297

Attorneys for Plaintiff

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