- 1 - 

UNITED STATES DISTRICT COURT 

 DISTRICT OF NEW HAMPSHIRE 

____________________________________ 

 ) 

VELCRO INDUSTRIES B.V. and ) 

VELCRO USA INC., ) 

 ) Civil Action No. 

 Plaintiffs, ) 

 ) 

 v. ) 

 ) 

BRM ENTERPRISES d/b/a ) 

POLITESOCIETY.COM ) JURY TRIAL DEMANDED 

 ) 

 Defendant. ) 

____________________________________) 

COMPLAINT

 Plaintiffs VELCRO INDUSTRIES B.V. and VELCRO USA INC., by their undersigned 

attorneys, by way of Complaint herein, allege as follows: 

THE PARTIES

 1. Plaintiff VELCRO INDUSTRIES B.V. (hereinafter “VIBV”) is a Netherlands limited 

liability company having its principal place of business at Castorweg 22-24, Curacao, Netherland 

Antilles. 

 2. Plaintiff VELCRO USA INC. (hereinafter “VUSA”) is a Delaware corporation having 

its principal place of business at 406 Brown Avenue, Manchester, New Hampshire 03103. 

 

Case 1:05-cv-00301-PB Document 1 Filed 08/30/05 Page 1 of 9
 - 2 - 

 3. Plaintiffs VIBV and VUSA are sister companies, and each are wholly-owned 

subsidiaries of Velcro Industries N.V. 

 4. On information and belief, Defendant BRM ENTERPRISES is an unincorporated 

business having an address at 3396 SW Beaverton Hwy, Portland, Oregon 97239. On information and 

belief, Defendant BRM ENTERPRISES has conducted and is conducting business in this judicial 

district by means of, inter alia, an Internet website at <www.politesociety.com>. 

 

JURISDICTION AND VENUE

 5. This court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 

1338(a) and (b), and pursuant to the doctrine of supplemental jurisdiction as codified in Title 28 U.S.C. 

§ 1367. 

 6. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b) and (c). 

COUNT I - FEDERAL TRADEMARK INFRINGEMENT 

UNDER 15 U.S.C. § 1114: VELCRO® TRADEMARK

 7. From a date long prior to the acts of Defendant complained of herein, Plaintiff VIBV 

and its exclusive licensee, Plaintiff VUSA, have extensively used the mark and name VELCRO® in 

connection with, inter alia, fastener products and goods incorporating fastener products. Plaintiffs and 

their customers have advertised and promoted these goods throughout the United States, including by 

way of an Internet website at “www.velcro.com”. As a result of these efforts, the mark VELCRO® has 

become a famous mark since a date long prior to the activities of Defendants complained of herein, and 

Case 1:05-cv-00301-PB Document 1 Filed 08/30/05 Page 2 of 9
 - 3 - 

the goodwill associated with the mark and name VELCRO® has become a valuable asset of the 

Plaintiffs. 

 8. Plaintiff VIBV is the owner of twenty (20) United States Trademark Registrations for 

the mark VELCRO, as follows: 

MARK REG. NO. ISSUED GOODS

VeLCRO 661,700 05-13-58 Notion-namely a synthetic 

material sold in ribbon, sheet, or piece 

goods form, said material having 

complemental parts which adhere to each 

other when pressed together and adapted 

for use as a closure, fastener, or button for 

closing garments, curtains, or the like. 

VELCRO 1,027,417 12-16-75 Separable fasteners - 

namely, hook and loop-type fasteners and 

components thereof. 

VELCRO 1,031,355 01-27-76 Medical splints and straps 

 for use therewith 

 incorporating hook and 

 loop fasteners. 

VELCRO 1,044,049 07-20-76 Safety straps incorporating 

hook and loop fasteners for medical uses 

on operating tables, wheelchairs, and the 

like. 

VELCRO 1,091,889 05-23-78 Hook and loop type fasteners 

 for use with recreational 

 vehicles and the like. 

VELCRO 1,154,773 05-19-81 straps incorporating hook and 

 loop type fasteners for use 

 in the medical field 

Case 1:05-cv-00301-PB Document 1 Filed 08/30/05 Page 3 of 9
 - 4 - 

VELCRO 1,163,756 08-04-81 Screen kits, including hook 

 and loop tapes, insect 

 screening and adhesive. 

VELCRO 1,184,926 01-05-82 Self-gripping hair rollers. 

VELCRO 1,598,591 05-29-90 Molded and extruded plastic 

material having a surface of hooks or 

loops, for use in manufacture as 

components of hook and loop fastening 

systems; hook and loop fastening systems 

for use in manufacture 

VELCRO 1,705,079 08-04-92 Fabrics and textiles and 

 substitutes therefor, namely, 

 woven, molded, or extruded 

 synthetic material having a 

 surface of hooks and woven 

 synthetic material having a 

 surface of loops. 

VELCRO 1,846,829 07-26-94 Separable fasteners; namely, 

 hook and loop type fasteners 

 and components thereof. 

VELCRO 2,174,852 07-21-98 Toys and games incorporating 

hook and loop fasteners, namely, flying 

disc catch games, tag games featuring balls 

and vests, target games featuring balls and 

targets, stuffed toys and dolls with 

detachable limbs and features, puppets and 

detachable limbs and features therefor, 

puppet theaters and board games. 

VELCRO 2,220,407 01-26-99 Adhesives for stationery and 

 household use. 

VELCRO 2,225,595 02-23-99 Non-electric hair curlers, 

 namely hair rollers. 

VELCRO 2,225,651 02-23-99 Snap fasteners and grommets 

 in the nature of eyelets for 

 securing tarpaulins. 

Case 1:05-cv-00301-PB Document 1 Filed 08/30/05 Page 4 of 9
 - 5 - 

 

VELCRO 2,227,960 03-02-99 Water-resistant pouches for 

 general use. 

VELCRO 2,227,961 03-02-99 Watch bands. 

VELCRO 2,242,632 05-04-99 Adhesive cement for 

 hobbyists. 

VELCRO 2,529,312 01-15-02 Fasteners, namely, buckles, & design 

 snap-hooks, adjuster bars, 

 slides, cord locks, zipper 

 pulls, and modular buckles 

 having alternative 

 components adaptable to 

 different sizes and 

 configurations. 

VELCRO 2,570,823 05-21-02 Fasteners, namely, buckles, 

 snap-hooks, adjuster bars, 

 slides, cord locks, zipper 

 pulls, and modular buckles 

 having alternative 

 components adaptable to 

 different sizes and 

 configurations. 

 9. Defendant BRM ENTERPRISES has marketed and is currently marketing products which it 

claims to comprise or contain “Velcro” material, which products, on information and belief, do not 

comprise or incorporate genuine VELCRO® brand fastener material. For example, Defendant offers 

several items referred to as a “velcro ankle holster.” Defendant’s use of the term “Velcro” in this 

manner is likely to cause confusion, mistake, and deception as to the source of Defendant’s products, 

as to the association between Plaintiffs and Defendant, and/or as to the licensing or approval of 

Defendant’s products by Plaintiffs. To the extent that purchasers and potential purchasers of the 

Defendant’s products are dissatisfied with the products, such dissatisfaction will reflect upon and 

Case 1:05-cv-00301-PB Document 1 Filed 08/30/05 Page 5 of 9
 - 6 - 

irreparably damage the reputation and goodwill enjoyed by Plaintiffs in the VELCRO® mark. 

Defendant’s unauthorized use of Plaintiffs’ VELCRO® mark constitutes an infringement of Plaintiffs’ 

federally-registered trademarks, in violation of Section 32(1) of the Lanham Act, 15 U.S.C. Sec. 

1114(1). Defendant has on several occasions been expressly notified of its infringing activities but has 

nonetheless continued to infringe, in willful violation of Plaintiffs’ rights. 

 10. Unless permanently enjoined by this court, the acts of Defendant will cause irreparable 

injury and damage to Plaintiffs and their valuable trademark rights, for which damage and injury there 

exists no adequate remedy at law. 

COUNT II - VIOLATION OF THE FEDERAL TRADEMARK 

DILUTION ACT, 15 U.S.C. § 1143(C): VELCRO® TRADEMARK

 11. Plaintiffs repeat and re-allege the allegations set forth in paragraphs 1-10 above. 

 12. Alternatively, even in the unlikely event that Defendant’s product do incorporate 

genuine VELCRO® brand material, its use of the term “Velcro” generically as a noun rather than in a 

trademark manner has caused dilution of the distinctive quality of the famous VELCRO® mark, in 

violation of 15 U.S.C. §1143(c). 

 

COUNT III – VIOLATION OF NEW HAMPSHIRE R.S. Ch. 358-A:2

 13. Plaintiffs repeat and re-allege the allegations of paragraphs 1-12 above. 

Case 1:05-cv-00301-PB Document 1 Filed 08/30/05 Page 6 of 9
 - 7 - 

 14. The aforesaid actions of Defendant constitute an unfair method of competition or unfair 

or deceptive acts or practices in the conduct of trade or commerce. Plaintiffs have been injured and are 

being injured by these actions. Consequently, these actions violate New Hampshire R.S. 358-A:2. 

COUNT IV – COMMON LAW TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION

 15. Plaintiffs repeat and re-allege the allegations of paragraphs 1-14 above. 

 16. The aforesaid actions of Defendant have damaged and are damaging Plaintiffs, in 

violation of the common law of trademark infringement and unfair competition. 

* * * * * * * * 

 WHEREFORE, Plaintiffs VELCRO INDUSTRIES B.V. and VELCRO USA INC. demand 

judgment against Defendant BRM ENTERPRISES as follows: 

 A. That Defendant be preliminarily and permanently enjoined from using the terms 

“velcro”, and any confusingly similar variation thereof, in any manner in connection with the 

marketing and sale of its products. 

 B. That Defendant be ordered to file with this court and to serve upon Plaintiffs within 

thirty days of service of the permanent injunction requested herein, a report in writing, under oath, 

setting forth in detail the manner and form in which Defendant has complied therewith. 

 C. That Defendant pay to Plaintiffs VELCRO INDUSTRIES B.V. and VELCRO USA 

INC., Defendant’s profits and such damages as Plaintiffs have incurred by reason of the actions 

Case 1:05-cv-00301-PB Document 1 Filed 08/30/05 Page 7 of 9
 - 8 - 

complained of herein, said profits and damages to be trebled in view of the willfulness of Defendant’s 

illegal actions. 

 D. That Plaintiffs recover their costs in this civil action, as well as their reasonable attorney 

fees and other expenses. 

 E. That this court grant such other and further relief as it deems just and proper. 

DEMAND FOR JURY TRIAL

 Pursuant to Rule 38(b), Fed. R. Civ. P., Plaintiffs hereby demand trial by jury of all issues so 

triable. 

 Date: August 29, 2005 VELCRO INDUSTRIES B.V. 

 and VELCRO USA INC. 

 /s/ R. Matthew Cairns

 R. Matthew Cairns (#411) 

 Ransmeier & Spellman 

 One Capital Street 

 P.O. Box 600 

 Concord, NH 03302-0600 

 603/228-0477 

Case 1:05-cv-00301-PB Document 1 Filed 08/30/05 Page 8 of 9
 - 9 - 

OF COUNSEL: 

John L. Welch 

Susan B. Montgomery 

Foley Hoag LLP 

155 Seaport Boulevard 

Boston, MA 02210-2600 

617/732-1000 

Case 1:05-cv-00301-PB Document 1 Filed 08/30/05 Page 9 of 9