54291759;9 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

SAINT XAVIER UNIVERSITY, ) 

) 

Plaintiff, ) Case No. ___________________ 

) 

) 

) 

v. ) 

) 

ROCCO MOSSUTO, ) 

) 

Defendant. ) 

COMPLAINT 

NOW COMES Plaintiff Saint Xavier University, by and through its attorneys, and for its 

Complaint against Defendant Rocco Mossuto, alleges as follows: 

PARTIES 

1. Plaintiff Saint Xavier University, (“SXU”) is a nonprofit corporation organized 

under the laws of the state of Illinois that operates Saint Xavier University, located in Chicago. 

Founded in 1846, Saint Xavier University has approximately 3,600 students enrolled in its 

undergraduate and graduate programs. 

2. Defendant Rocco Mossuto (“Mossuto”) is an individual who, upon information 

and belief, resides in Cook County. Starting in 2014 and ending in June 2020, Mossuto was 

SXU’s head baseball coach. 

JURISDICTION AND VENUE 

3. This Court has jurisdiction over Count I (federal trademark infringement) because 

it arises under the laws of the United States. This Court has supplemental jurisdiction over 

Count II for conversion pursuant to 28 U.S.C. § 1367 because it arises out of a common nucleus 

of operative facts with the claim set forth in Count I. 

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4. This Court may exercise personal jurisdiction over the Defendant because he 

resides in the State of Illinois and, upon information and belief, this District. 

5. Venue is proper in this Court pursuant to 28 U.S.C. § 1391 because, upon 

information and belief, the Defendant is located in this District and because a substantial part of 

the events giving rise to the claims in this action took place in this District. 

GENERAL ALLEGATIONS 

Background 

6. SXU’s athletic teams are called the Cougars. 

7. During all relevant times, SXU has been the owner of an account on the social 

media platform Twitter on which it publishes information about SXU and its baseball program. 

The account is named “SXUBaseball” (the “SXU Twitter Account”). 

8. SXU also owns and operates other Twitter accounts relating to its athletics 

programs that follow a similar naming convention. These include SXUFootball, SXUSoftball, 

SXUWSoccer, SXUVolleyball, SXUWBasketball, SXUMensSoccer, SXUMensVolleyball, 

SXUBowling, SXUCheer, SXU_MBB and SXU_Golf. 

9. In 2014, Mossuto became the head coach for SXU’s baseball program. 

10. In June of 2020, Mossuto was terminated by SXU. 

11. After being terminated, without authorization from SXU, Mossuto took sole 

possession and control of the SXU Twitter Account by changing the login information for those 

accounts. 

12. SXU requested Mossuto to return possession and control of the SXU Twitter 

Account to it, but for a period of weeks, Mossuto refused. 

13. Without authorization from SXU, despite having been terminated by SXU, 

Mossuto used the SXU Twitter Account to publish statements to the public using the account. 

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14. Mossuto’s unauthorized tweets on the SXU Twitter Account disparaged SXU and 

misrepresented SXU’s positions to current students, prospective students including prospective 

SXU athletes, SXU alumni, SXU donors, and the rest of the public. Because Mossuto published 

his tweets on the SXU Twitter Account, Mossuto made it appear that the tweets were published 

by SXU. 

15. Upon information and belief, Mossuto’s unauthorized tweets damaged SXU’s 

reputation, fundraising efforts, and ability to recruit students, including by dissuading 

prospective students and student athletes from considering or attending SXU, by dissuading 

prospective employees including for the Athletics department from considering employment at 

SXU, and by dissuading donors from supporting SXU. 

16. Weeks after taking possession of the SXU Twitter Account and after publishing 

his unauthorized tweets using the account, Mossuto returned control over the account to SXU. 

17. However, around the time that that Mossuto returned control of the 

“SXUBaseball” twitter account to SXU, Mossuto created a new Twitter account with the user 

name “SXU_Baseball” and the display name “SXUBaseball” (the “Infringing Twitter Account”). 

18. The user name of Mossuto’s Infringing Twitter Account is identical to the actual, 

official SXU Twitter Account except for the addition of an underscore (“_”) between SXU and 

Baseball. Furthermore, the display name Mossuto used on the Infringing Twitter Account 

(SXUBaseball) is identical to the name of the official SXU Twitter Account. 

19. Mossuto created and designed the Infringing Twitter Account to confuse the 

public into thinking it is SXU’s official twitter account for SXU baseball. 

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20. The owner of a Twitter account can enter information into a field called “bio.” 

When a user looks at that Twitter account’s main page, whatever was entered into the “bio” field 

appears directly below the Twitter account name. 

21. As can be seen in the screenshot below, viewing the Infringing Twitter Account’s 

Twitter page in late July revealed that Mossuto set the account’s bio to state “St. Xavier 

University Baseball,” along with the hashtag phrase “#FreeRocco”: 

22. Rocco is Mossuto’s first name. 

23. In fact, the Infringing Twitter Account is neither owned nor authorized by or 

associated with “St. Xavier University Baseball.” 

24. Writing “St. Xavier University Baseball” in the bio area of the Infringing Twitter 

Account was a further act by Mossuto to attempt to confuse the public into believing the 

Infringing Twitter Account is owned or associated with SXU, and thus, that tweets sent from that 

account are authorized by SXU and reflect its views. 

25. As can be seen in the following screenshot, at some point between late July and 

early August, Mossuto changed the bio of the Infringing Twitter Account to state “The Saint 

Xavier University baseball account” and changed the display name to state “Saint Xavier 

University baseball”: 

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26. Mossuto’s Infringing Twitter Account is not “The Saint Xavier University 

baseball account.” 

27. As can also be seen in the screenshot above, Mossuto has set the avatar 

representing the Infringing Twitter Account (the “Infringing Avatar”) to be an exact copy of the 

SXU athletic program’s cougar mascot trademark (the “Cougar Trademark”). 

28. SXU’s Cougar Trademark is used by SXU in many ways in connection with its 

athletics program, including on SXU’s website sxucougars.com. As can be seen on the right side 

of the following screenshot from that website, SXU sometimes uses its Cougar Trademark 

superimposed over a red letter “X”, standing for Xavier, exactly as copied by the Infringing 

Avatar: 

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29. Mossuto has used the Infringing Twitter Account to disseminate statements that 

were not from or authorized by SXU while making it appear by infringing SXU’s trademarks 

that the statements were made or authorized by SXU. 

30. Mossuto used SXU’s trademarks in connection with these and other tweets 

without authorization with the intent to harm SXU and willfully mislead the public into believing 

the tweets were made or authorized by SXU. 

COUNT I 

FEDERAL TRADEMARK INFRINGEMENT 

15 U.S.C. § 1125(a) 

31. Plaintiff SXU repeats and re-alleges Paragraphs 1 through 30 as though fully set 

forth here. 

32. “Saint Xavier University”, “SXU”, “SXUBaseball”, and the Cougar Trademark 

are federal common law trademarks owned by SXU (the “Asserted Trademarks”). The Asserted 

Trademarks have been used by SXU for years in connection with a variety of services provided 

by SXU in commerce in the United States under those marks, including the provision of 

information about the university and its athletics program. 

33. The Asserted Trademarks are inherently distinctive. 

34. Mossuto is using the marks Saint Xavier University, SXU_Baseball, and the 

Infringing Cougar Avatar (together, the “Infringing Marks”) to disseminate disparaging and false 

communications about SXU and its athletics program in a deliberate attempt to confuse the 

consuming public into believing that his communications are from, or authorized by, SXU. 

35. The Infringing Marks being used by Mossuto are confusingly similar to, if not 

identical with, SXU’s corresponding Asserted Trademarks. 

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36. Mossuto does not have SXU’s consent or authorization to use the Infringing 

Marks. 

37. Mossuto does not have reasonable grounds to believe that his use of the Infringing 

Marks is lawful. 

38. By using the Infringing Marks, Mossuto is knowingly and intentionally using in 

commerce terms, symbols, and false designations of origin in a manner that is likely to cause 

confusion or mistake, or to deceive consumers as to an affiliation, connection, or association 

with SXU. 

39. Mossuto’s use of the Infringing Marks has created a likelihood of confusion 

among consumers that SXU has sponsored or approved of the tweets disseminated by Mossuto. 

40. Mossuto’s continued and knowing use of the Infringing Marks constitutes 

intentional infringement and false designation of origin in violation of Section 43(a) of the 

Lanham Act, 15 U.S.C. § 1125. 

41. As a direct and proximate result of Mossuto’s infringement, SXU has suffered, 

and will continue to suffer, monetary loss and irreparable injury to its business, reputation, and 

goodwill, entitling SXU to both monetary damages and injunctive relief. 

42. Upon information and belief, unless enjoyed, Mossuto will continue his infringing 

actions and therefore cause further irreparable harm. 

43. As a result of Mossuto’s willfulness, SXU is further entitled to enhanced damages 

and an award of its reasonable attorneys’ fees. 

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COUNT II 

CONVERSION 

44. Plaintiff SXU repeats and re-alleges paragraphs 1 through 43 as though fully set 

forth in this paragraph. 

45. SXU is, and always has been, the exclusive owner of the Twitter account named 

SXUBaseball. 

46. In June 2020, Mossuto wrongfully took possession of the SXUBaseball Twitter 

account. 

47. SXU demanded that Mossuto return possession of the SXUBaseball account to 

SXU, but for a period of weeks, Mossuto refused. 

48. Mossuto’s assumption of control, dominion, and/or ownership over the 

SXUBaseball account was wrongful and without authorization. 

49. As a result of Mossuto’s wrongfully taking control and possession of the 

SXUBaseball account, Mossuto caused SXU great financial harm. 

WHEREFORE, Plaintiff prays for relief in its favor and against Defendant as follows: 

A. Finding that Defendant has infringed Plaintiff’s Asserted Trademarks and that the 

infringement was willful; 

B. Permanently enjoining and restraining Defendant, and all those in active concert 

or participation with him, from using, in any fashion, the terms Saint Xavier Univeristy, SXU, 

SXUBaseball, or SXU_Baseball, the Infringing Avatar, or any trade name, trademark or service 

mark confusingly or deceptively similar to any of the Asserted Marks, including but not limited 

to as part of the name or other identification or description of a social media account or internet 

website or page; 

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C. Ordering Defendant and all those in active concert or participation with him to 

immediately deliver to Plaintiff all information necessary to login to and take control and 

ownership of the Twitter account SXU_Baseball and any other of Defendant’s social media or 

internet accounts using or containing a name confusingly similar to any of the Asserted Marks; 

D. Awarding Plaintiff damages for the harm and damages it sustained by virtue of 

Defendant’s infringement and conversion, together with pre-judgment and post-judgment 

interest; 

E. Directing that the award of damages for infringement be trebled because of 

Defendant’s willful actions; 

F. Awarding Plaintiff its costs and reasonable attorneys’ fees and expenses; 

G. Directing that this Court retain jurisdiction of this action for the purpose of 

enabling Plaintiff to apply to the Court at any time for such further orders and interpretation or 

execution of any order entered in this action, for the modification of any such order, for the 

enforcement or compliance therewith and for the punishment of any violations thereof; and 

H. Awarding Plaintiff such other and further relief as the Court deems just and 

proper. 

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Jury Demand

Plaintiff hereby demands a trial by jury on all issues so triable. 

Date: ___September 2, 2020__ /s/Amy Moor Gaylord

Amy Moor Gaylord 

Illinois ARDC No. 6243522

Akerman LLP 

71 S. Wacker Drive 

46th Floor 

Chicago, IL 60606 

Phone: 312-870-8027 

Fax: 312-424-1900 

amy.gaylord@akerman.com 

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