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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

Park Ridge Sports, Inc., )

an Illinois Not For Profit Corporation, )

)

Plaintiff, )

)

v. ) CIVIL ACTION NO.:

)

Park Ridge Travel Falcons, )

an Illinois Not For Profit Corporation, )

)

Defendant. )

COMPLAINT FOR TRADEMARK INFRINGEMENT, FALSE DESIGNATION OF 

ORIGIN, VIOLATION OF ILLINOIS DECEPTIVE TRADE PRACTICES ACT, AND 

COMMON LAW TRADEMARK INFRINGEMENT

Plaintiff, Park Ridge Sports, Inc. (hereinafter “Plaintiff”), brings this action against Park 

Ridge Travel Falcons (hereinafter “Defendant”) and alleges as follows:

NATURE OF THE ACTTION

1. For over 52 years, Plaintiff has operated a popular and highly successful youth football 

and cheerleading program in Park Ridge, Illinois and has established trademark rights in 

and to the PARK RIDGE FALCONS mark by virtue of its longstanding and exclusive 

use of the mark in connection with its youth football program. On or about March 23, 

2020, three former Board members and coaches for Plaintiff’s youth football program 

formed Defendant Park Ridge Travel Falcons and commenced operation of a competing 

youth football program under the PARK RIDGE TRAVEL FALCONS service mark. 

Shortly thereafter, Defendant filed three federal trademark applications with the United 

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States Patent and Trademark Office (“USPTO”) for PARK RIDGE FALCONS formative 

trademarks and astonishingly then asserted those applications against Plaintiff as a basis 

for its unfounded demand that Plaintiff cease use of the PARK RIDGE FALCONS 

service mark. Plaintiff has been forced to bring this action to protect one of its most 

valuable assets, the PARK RIDGE FALCONS service mark, from Defendant’s willful 

infringement, and is concerned that Defendant’s continued use of the PARK RIDGE 

FALCONS service mark and formatives thereof is likely to and has already deceived

consumers and caused confusion as to the source, sponsorship, and/or affiliation between 

Plaintiff and Defendant. Plaintiff therefore brings this civil action seeking damages and 

injunctive relief for willful trademark infringement and unfair competition under the laws 

of the United States, 15 U.S.C. §§ 1051 et seq. (the “Lanham Act”), the Illinois 

Deceptive Trade Practices Act, 815 ILCS §§ 510/1, et seq. and Illinois common law.

PARTIES

2. Plaintiff is a not-for-profit corporation duly organized and existing under the laws of the 

State of Illinois since November 8, 1967 with its principal place of business located in 

Park Ridge, Illinois.

3. Defendant is a not-for-profit corporation duly organized and existing under the laws of 

the State of Illinois as of March 23, 2020 with its principal place of business at 155 North 

Michigan Ave, Suite 9003, Chicago, IL 60601.

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JURISDICTION AND VENUE

4. This Court has jurisdiction over Plaintiff’s claims pursuant to 15 U.S.C. §1121, 28 U.S.C. 

§1331, §§1338 (a) and (b), and §1367. Plaintiff’s claims arise under the Lanham Act of 

the United States, 15 U.S.C. §1051, et seq., and therefore arise out of the laws of the 

United States; specifically relating to trademarks. 

5. This Court has personal jurisdiction over Defendant because Defendant is duly organized 

under the laws of the State of Illinois, transacts business within the Northern District of 

Illinois, and thus has sufficient minimum contacts with this District. Defendant

purposefully availed itself of the benefits of doing business within the United States and

Illinois by conducting business within the State of Illinois, by intentionally trading on the 

goodwill of Plaintiff whose principal place of business is in this District, and by 

knowingly causing injury to Plaintiff in this District. Thus, Defendant can reasonably 

anticipate being haled into court in the Northern District of Illinois.

6. Venue is proper in this District pursuant to 28 U.S.C. §§1391 because Defendant’s

actions giving rise to the claims alleged herein have occurred and are occurring within 

this District.

FACTS COMMON TO ALL CLAIMS FOR RELIEF

Plaintiff and Its PARK RIDGE FALCONS Service Mark

7. Since its beginning in the Fall of 1967, Plaintiff’s PARK RIDGE FALCONS travel youth

football program has grown into one of the most well-respected youth tackle football 

programs in the State of Illinois.

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8. In addition to its PARK RIDGE FALCONS travel football programs, Plaintiff also 

operates Park Ridge Flag Football, Park Ridge Spirit Cheerleading and Park Ridge 

Competitive Cheerleading.

9. In 2019, Plaintiff served over 1,000 families with nearly 200 volunteers committing over 

20,000 annual volunteer hours and, since its inception in 1967, Plaintiff has provided 

youth sports opportunities to over 25,000 young athletes, many of whom have gone on to 

successful high school, college and, in some instances, professional sports careers.

10. Plaintiff has engaged the help of countless unpaid volunteers to administer the program 

and coach the student athletes throughout its 52 years in existence.

11. Since its start in 1967, Plaintiff has continually and exclusively used the PARK RIDGE 

FALCONS service mark in connection with its youth sports services in Illinois and in 

interstate commerce. See, e.g., Exhibit 1, a true and correct copy of excerpts from 

Plaintiff’s web site.

12. Plaintiff has invested countless dollars and sweat equity in its PARK RIDGE FALCONS 

mark, which has come to represent the high quality of services that Plaintiff offers and 

has offered to its families and athletes over its 52-year span. The PARK RIDGE 

FALCONS service mark and the goodwill associated therewith constitutes one of 

Plaintiff’s most valuable assets.

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Defendant’s Infringing Acts

13. Until the last week of March 2020, James Purcell, Timothy Walbert, Jeffrey Kilburg and 

Lou Karnezis all served as Board Members, Directors and/or coaches for Plaintiff and all 

previously or currently had children participating in Plaintiff’s PARK RIDGE FALCONS

football program.

14. On information and belief, on March 21, 2020, Defendant purchased the domain, 

www.prtravelfalcons.com and began soliciting its youth football program under the 

service mark PARK RIDGE TRAVEL FALCONS. See, Exhibit 2, a true and correct 

copy of excerpts from Defendant’s web site.

15. On or about March 23, 2020, Messrs. Purcell, Walbert, Kilburg and Karnezis formed 

Defendant entity Park Ridge Travel Falcons and filed articles of incorporation with the 

Illinois Secretary of State. 

16. On March 27, 2020, Defendant, through counsel, filed three intent-to-use-based federal 

trademark applications with the USPTO for various iterations of the PARK RIDGE 

FALCONS mark, namely:

• PARK RIDGE FALCONS (word mark) – U.S. Serial No. 88/850,739

• PR TRAVEL FALCONS (word mark) – U.S. Serial No. 88/850,719

• PARK RIDGE TRAVEL FALCONS and Design – U.S. Serial No. 88/850,573

17. In each case, all three of the aforementioned trademark applications were signed by 

James W. Purcell, under penalty of perjury, in which Mr. Purcell declared that:

• The signatory believes that the applicant is entitled to use the mark in commerce;

• The applicant has a bona fide intention to use the mark in commerce on or in 

connection with the goods/services in the application;

• To the best of the signatory's knowledge and belief, no other persons, except, if 

applicable, concurrent users, have the right to use the mark in commerce, either in 

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the identical form or in such near resemblance as to be likely, when used on or in 

connection with the goods/services of such other persons, to cause confusion or 

mistake, or to deceive.

18. Since Defendant is not the lawful owner of the PARK RIDGE FALCONS service mark, 

the aforementioned federal trademark applications, signed under penalty of perjury by 

James W. Purcell, are void ab initio.

19. On or about March 27, 2020, Plaintiff became aware of Defendant’s actions and, 

subsequently, Messrs. Purcell, Walbert, Kilburg and Karnezis resigned their positions 

with Plaintiff.

20. On March 20, 2020, Mr. Kilburg sent an email message to families of past registered 

youth athletes in Plaintiff’s Division 1 2019 football program informing them that a new 

Division 1 team was being formed and that more details would follow shortly. See, 

Exhibit 3.

21. On March 27, 2020, Mr. Walbert sent an email message to families of past registered 

youth athletes in Plaintiff’s Division 1 2019 football program soliciting their participation

in Defendant’s program. See, Exhibit 3.

22. Upon information and belief, Defendant purchased the keyword PARK RIDGE 

FALCONS with the Google Ad Words program in order to draw users of the Google 

search engine who were searching for Plaintiff’s youth sports program to be directed to 

Defendant’s competing web site.

23. Defendant is using the PARK RIDGE FALCONS mark or a colorable imitation thereof

to capitalize upon the goodwill associated with Plaintiff’s well-known trademarks in 

order to divert unknowing families and student athletes away from Plaintiff and its 

programs. 

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24. Defendant is in no way affiliated with Plaintiff and has not received permission or 

authorization to use the PARK RIDGE FALCONS mark or any formative thereof under 

any circumstances.

25. As a result of Defendant’s organization and operation of a competing youth football 

program within the same community as Plaintiff to families and student athletes under 

the PARK RIDGE FALCONS mark or a colorable imitation thereof, consumers have 

been and are likely to be confused as to the source of the goods and services offered by 

Defendant and thus Plaintiff has suffered damage and irreparable harm to its reputation 

and goodwill. 

COUNT I

Violation of Section 43(a) of the Lanham Act – False Designation of Origin and Description

26. Plaintiff repeats and re-alleges the allegations of paragraphs 1 through 25 as if fully set 

forth herein.

27. Defendant’s unauthorized use of the PARK RIDGE FALCONS mark or a colorable 

imitation thereof in connection with the organization and conducting youth football 

programs is likely to confuse, mislead, or deceive customers, the public, and the trade as 

to the origin, sponsorship, or affiliation of Defendant’s products and services, and is 

intended and likely to cause such parties to falsely believe that Defendant’s services have 

been authorized, sponsored, approved, endorsed, or licensed by Plaintiff, or that 

Defendant is in some way affiliated with Plaintiff, which they are not. 

28. Defendant’s unauthorized use of the PARK RIDGE FALCONS mark or a colorable 

imitation thereof in association with its active infringing website and marketing of its 

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youth football program constitutes a false designation of origin, a false or misleading 

description of fact, or a false or misleading representation of fact, which is likely to cause 

confusion, mistake, or deception in violation of the Lanham Act, Section 43(a), 15 U.S.C. 

§1125(a). 

29. Defendant’s acts, as alleged herein, constitute willful trademark infringement as 

contemplated by the Lanham Act, 15 U.S.C. §1117.

30. Defendant’s acts, as complained of herein, have caused irreparable injury and damage to 

Plaintiff, and, unless restrained, will continue to do so.

31. Plaintiff has no adequate remedy at law.

32. Plaintiff has suffered and continues to suffer damage to its reputation and goodwill and 

economic loss directly and proximately caused by Defendant’s acts alleged herein.

COUNT II

Violation of Illinois Deceptive Trade Practices Act 815 ILCS §§ 510/1, et seq.

33. Plaintiff repeats and re-alleges the allegations of paragraphs 1 through 32 as if fully set 

forth herein.

34. Defendant has knowingly and willfully engaged in deceptive trade practices within the 

meaning of the Illinois Uniform Deceptive Trade Practices Act, 815 ILCS §§ 510/1 et 

seq. by causing likelihood of confusion or misunderstanding as to the source, origin, or 

sponsorship of the parties’ respective products or services; causing likelihood of 

confusion or of misunderstanding as to the affiliation, connection, or association of 

Defendant or its services with Plaintiff’s goods and services; and using deceptive 

representations or designations of origin in connection with Defendant’s services.

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35. The unauthorized use by Defendant of the PARK RIDGE FALCONS mark or a colorable 

imitation thereof is causing and is likely to cause substantial injury to the public and to 

Plaintiff.

36. Plaintiff has no adequate remedy at law.

37. Plaintiff is entitled to injunctive relief and to an award of its costs and attorney’s fees 

under 815 ILCS § 510/3.

COUNT IV

Violation of Illinois Deceptive Trade Practices Act 815 ILCS 510/2

38. Plaintiff repeats and re-alleges the allegations of paragraphs 1 through 37 as if fully set 

forth herein.

39. Illinois Deceptive Trade Practices Act 815 ILCS 510/2 defines deceptive trade practices 

as: 

a. Passing off goods or services as those of another;

b. Causing likelihood of confusion or of misunderstanding as to the source, 

sponsorship, approval, or certification of goods or services;

c. Causing likelihood of confusion or of misunderstanding as to affiliation, 

connection, or association with or certification by another;

d. Representing that goods or services have sponsorship, approval, characteristics, 

ingredients, uses, benefits, or quantities that they do not have or that a person has 

a sponsorship, approval, status, affiliation, or connection that he or she does not 

have;

e. Representing that goods or services are of a particular standard, quality, or grade 

or that goods are a particular style or model, if they are of another;

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f. Disparaging the goods, services, or business of another by false or misleading 

representation of fact;

g. Advertising goods or services with intent not to sell them as advertised.

40. Plaintiff enjoys well-established common law rights in and to the PARK RIDGE 

FALCONS mark in the state of Illinois, which is superior to any rights that Defendant 

may claim, and has built significant goodwill in same. 

41. Plaintiff’s PARK RIDGE FALCONS mark is inherently distinctive and/or have acquired 

distinctiveness. 

42. Plaintiff’s first adopted and used the PARK RIDGE FALCONS marks in its market(s) or 

trade area(s) as a means of establishing goodwill and reputation and to describe, identify, 

or denominate particular goods and services offered by Plaintiff and to distinguish them 

from similar goods and services offered by others. As a result, Plaintiff’s PARK RIDGE 

FALCONS mark has acquired secondary meaning. 

43. Defendant’s acts as complained of herein create a likelihood of confusion and/or a 

misunderstanding as to the source, sponsorship, or approval of Plaintiff’s and 

Defendant’s services in violation of the Illinois Deceptive Trade Practices Act 815 ILCS 

510/2.

44. Defendant’s acts as complained of herein create a likelihood of confusion or of 

misunderstanding as to affiliation, connection, or association of Plaintiff and Defendant 

in violation of the Illinois Deceptive Trade Practices Act 815 ILCS 510/2.

45. Defendant’s acts as complained of herein erroneously convey that Defendant’s services

have sponsorship, approval, characteristics, benefits, and/or quantities that they do not 

have in violation of the Illinois Deceptive Trade Practices Act 815 ILCS 510/2.

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46. Defendant’s acts as complained of herein represent that Defendant’s services are of a 

particular standard and quality, when they are demonstrably of another in violation of the

Illinois Deceptive Trade Practices Act 815 ILCS 510/2.

47. By engaging in these deceptive trade practices, Defendant has directed the acts alleged 

herein to the market generally, thereby directly implicating the consumer protection 

concerns invoked by the Illinois Deceptive Trade Practices Act 815 ILCS 510/2.

48. Defendant’s acts, as alleged herein, constitute a willful violation of and continue to 

violate the Illinois Deceptive Trade Practices Act 815 ILCS 510/2.

49. The acts complained of herein have caused irreparable harm, damage, and injury to 

Plaintiff, and Plaintiff has no adequate remedy at law. 

50. Plaintiff has suffered and continues to suffer damage to its reputation and goodwill and 

economic loss directly and proximately caused by Defendant’s acts alleged herein.

COUNT V

Unfair Competition under Illinois Common Law

51. Plaintiff repeats and re-alleges the allegations of paragraphs 1 through 50 as if fully set 

forth herein. 

52. Plaintiff enjoys well-established common laws rights in and to the PARK RIDGE 

FALCONS mark in the State of Illinois, which are superior to any rights that Defendant 

may claim, and has built significant goodwill in the same.

53. The PARK RIDGE FALCONS mark is inherently distinctive and/or has acquired 

distinctiveness.

54. Plaintiff first adopted and used the PARK RIDGE FALCONS mark in its market(s) or 

trade area(s) as a means of establishing goodwill and reputation and to describe, identify, 

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or denominate particular goods and services offered by Plaintiff and to distinguish them 

from similar services offered by others. As a result, Plaintiff’s PARK RIDGE FALCONS

mark has acquired secondary meaning. 

55. Defendant has engaged in and is currently engaging in the unauthorized use of the PARK 

RIDGE FALCONS mark or a colorable imitation thereof, in connection with the sale of 

its goods and services, and such unauthorized use is likely to cause and/or has caused 

confusion or mistake as to the source, affiliation, connection, or association of 

Defendant’s services in that consumers thereof are likely to erroneously associate or have 

associated such goods and services as originating with Plaintiff, all to the detriment of 

Plaintiff. 

56. Defendant’s acts complained of herein constitute unfair competition under the laws of the 

State of Illinois. 

57. Defendant has been unjustly enriched and have damaged Plaintiff’s business, reputation, 

and goodwill.

58. Defendant’s acts, as complained of herein, have caused irreparable injury and damage to 

Plaintiff and, unless restrained, will continue to do so. 

59. Plaintiff has no adequate remedy at law.

60. Plaintiff has suffered and continues to suffer damage to its reputation and goodwill and 

economic loss directly and proximately caused by Defendant’s actions alleged herein.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays that the Court enter judgment against Defendant and grant 

the following relief:

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A. Find that Defendant willfully violated Sections, 43(a) of the Lanham Act, 15 U.S.C. 

§1125(a);

B. Find that Defendant committed willful acts of unfair competition, and deceptive acts and 

practices in violation of the Illinois Deceptive Trade Practices Act, 815 ILCS 510/2;

C. Find Defendant liable for acts of trademark infringement and unfair competition in 

violation of Illinois State common law;

D. Enter an Order preliminarily and permanently enjoining Defendant as well as any 

officers, agents, servants, employees, and attorneys, and all persons in active concert or 

participation with Defendant, from use of the PARK RIDGE FALCONS mark or any 

other colorable imitation thereof in any advertisement, promotion, offer for sale, or sale 

of any goods or services that are sufficiently similar to those offered by Plaintiff such that 

confusion is likely;

E. Pursuant to 15 U.S.C. §1118, order Defendant to remove the infringing website located at 

the URL www.prtravelfalcons.com and all content related to all products, services, 

advertisements, promotions, and all other matter in custody or under the control of

Defendant that bear the PARK RIDGE FALCONS mark or a colorable imitation thereof

or any other mark that is likely to be confused with the PARK RIDGE FALCONS mark;

F. Transfer ownership in the domain name prtravelfalcons.com to Plaintiff;

G. Order an award to Plaintiff of all actual damages and an accounting of any gains, profits, 

and advantages derived by Defendant resulting from the infringing acts complained of 

herein;

H. Order an award of three times the amount of Plaintiff’s damages Defendant’s profits, 

whichever is greater;

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I. Order an award to Plaintiff of all pre-judgment and post-judgment interest to the extent 

allowed by law;

J. Order the Director of the United States Patent and Trademark Office to refuse registration 

of U.S. Trademark Application Serial Nos. 88/850,739, 88/850,719 and 88/850,573;

K. Pursuant to 15 U.S.C. §1116, order Defendant to file with this Court and serve on 

Plaintiff within thirty (30) days after issuance of an Order, a report in writing and under 

oath setting forth in detail the manner and form in which Defendant has complied with 

the Order;

L. Award Plaintiff all of its costs, disbursements, and reasonable attorneys’ fees due to the 

exceptional nature of the case pursuant to 15 U.S.C. §1117; and

M. Award Plaintiff other such relief, in law or in equity, as this Court deems appropriate.

Plaintiff hereby demands trial by jury on all issues.

Dated: April 9, 2020 Respectfully submitted,

/s/ Richard B. Biagi

Richard B. Biagi, Esq.

Illinois Bar No. 6274572

Jeffrey T. Norberg, Esq.

Illinois Bar No. 6315012

NEAL & MCDEVITT, LLC

1776 Ash Street

Northfield, Illinois 60093

Telephone: (847) 441-9100

Facsimile: (847) 441-0911

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