Atlas Van Lines Complaint

Case 3:24-cv-00116-MPB-CSW Document 1 Filed 07/15/24 Page 1 of 17 PageID #: 1
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF INDIANA
EVANSVILLE DIVISION
AWGI, LLC and ATLAS VAN LINES, INC.,
Plaintiffs,
v. Case No.:
ATLAS MOVER GROUP LLC, and UNITED
BEST MOVING LLC,
Defendant .
VERIFIED COMPLAINT
INJUNCTIVE RELIEF SOUGHT
A GI, LLC ( A GI, / P ) A V L ,
I . ( A / P ) C
Defendants, Atlas Mover Group LLC ( AMG ) and United Best Moving
LLC ( UBM ) ( D )
allege and state:
I. Nature of the action
1. In 1948, a group of 33 entrepreneurs in the moving and storage industry formed an
alliance. They would help one another build their businesses by better serving customers. They
envisioned a cooperative from coast to coast, owned by themselves, doing business according to
the golden rule. They began transporting goods under the name A .
2. Over the past seventy-six (76) years, A ,
providing comprehensive global goods and services to people and businesses who seek assistance
in moving and storage. The Atlas family of companies includes more than 430 independent Atlas
agencies across the U.S. and Canada, plus authorized partners in 140 countries, which work in
concert to bring reliable, worry-free service to customers every day.
3. In 2009, Atlas became among the first in the industry to receive the ProMover®
designation, a quality credential of the American Moving and Storage Association. Atlas enjoys
an A+ rating from the Better Business Bureau and encourages outstanding efforts by its many
agents by conferring awards to Atlas agencies who exceed Atlas standards for service excellence.
4. Atlas strives to help make the world a better place by offering its Sustainable
Agent Certification to agents , , . I
past, Atlas has partnered with Move For Hunger, a non-profit organization that fights nationwide
hunger. Currently, Atlas supports the Wounded Warriors Project to provide programs and services
that give warriors access to mental and physical health support, employment and education
assistance, and the many other services that the Wounded Warriors Project provides to its warriors,
free of charge, local Junior Achievement events, raises funds and provides donations and
mentoring to Cedar Hall Elementary School, a local school serving underprivileged children, and
many other community and national organizations. The company has been recognized by the
Southwest Indiana Chamber, the Tri-State Better Business Bureau, United Way of Southwestern
Indiana, Move for Hunger, Cartus and more for its community support and engagement.
5. As a result of P efforts, Plaintiffs have achieved substantial goodwill in its
trademarks and service marks, as well as commercial success, recognition and acceptance.
6. AWGI ,
incontestable and famous, are of a value to Atlas and AWGI which cannot be estimated.
7. ATLAS-branded websites owned and operated by the Plaintiffs have had more than
9 million (9,000,000) sessions opened by internet users between 2013 and 2023.
2
8. Online advertising by Plaintiffs on Google, Microsoft Bing, Reddit, Instagram, and
Facebook resulted in over 26.6 million (26,600,000) commercial impressions between April 1,
2021 and March 31, 2023.
9. Plaintiffs have issued over three hundred thousand (300,000) sales collateral pieces
since 2007.
10. Plaintiffs also regularly attend industry trade shows having attendance between
2,000 and 20,000.
11. As a result of this level of advertising, marketing and commercial success, the Atlas
Marks and the goodwill of the business associated therewith are of a value to AWGI and Atlas
which cannot be estimated.
12. P tised its services under the Atlas Marks. Plaintiffs
have spent over twenty-eight million dollars ($28,000,000.00) in advertising the Atlas Marks since
2006 which has generated over fourteen billion dollars ($14,000,000,000) in total revenue.
13. AMG holds itself out to the public as offering moving and storage services across
the United States with satellite locations in Washington, Texas and Colorado.
14. The Defendant, recognizing the significant goodwill and impeccable reputation
associated with Atlas and its licensed agents, decided to offer its services to the public under the
corporate name of Atlas Mover Group LLC. The Defendant has A
into its advertising and marketing materials in hopes of associating their business activities with
P .
II. Parties and Jurisdiction
15. Plaintiff AWGI is a limited liability company organized under the laws of the state
of Delaware, with its principal place of business in Evansville, Indiana.
3
16. Plaintiff Atlas is a Delaware corporation, with its principal place of business in
Evansville, Indiana.
17. Defendant Atlas Mover Group LLC is a limited liability company organized under
the laws of the State of Georgia, with its principal place of business at 3312 Northside Dr, Suite
D, Macon, GA, 31210.
18. Defendant Atlas Mover Group LLC is registered with the United States Department
of Transportation and bears registration number 4086604 and MC number MC-1555864.
19. Defendant United Best Moving LLC is a limited liability company organized under
the laws of the State of Georgia, with its principal place of business at 25 Den Ric Court,
McDonough, GA, 30253.
20. Defendant United Best Moving LLC is registered with the United States
Department of Transportation and bears registration number 34423131 and MC number MC-
1118332.
21. This action arises under the trademark laws of the United States and the laws of
unfair competition. It is brought pursuant to the Lanham Act, 15 U.S.C. §1501, et seq., and the
common law.
22. This Court has jurisdiction over the subject matter of this case pursuant to 15 U.S.C.
§ 1121, 28 U.S.C. §§ 1331, 1338(a) and 1367.
23. Venue is proper in this district pursuant to 28 U.S.C. § 1391(b)(2) as a substantial
part of the events and injury giving rise to the claims have occurred in this district.
1
D U B M LLC DOT N . 3442313 D A M G
LLC , www.atlasmovergroup.com. S U B M LLC SAFER
Company listing attached hereto as Exhibit A.
4
III. Plaintiffs Marks
24. Since at least 1948, Plaintiff Atlas has offered services to the public involving the
transportation and storage of goods.
25. On November 9, 2009, Plaintiff Atlas and Atlas Investment Company, Inc.
assigned all their right, title and interest in their trademark and service mark registrations to
Plaintiff AWGI via instrument numbers 900148744A, 900148730A, 900148741A, 900148739A,
and 900148743A.
26. Relevant to the Defendant s infringement, AWGI is the owner of the following
( A M ):
Mark Registration No. Services
ATLAS 3,718,117 IC 039: Freight forwarding services;

Transportation of household goods
of others
ATLAS 4,229,378 IC 039: Storage of goods of others
27. Plaintiffs offer, among many other services, services in the field of transportation
of household goods for others.
28. The Atlas Marks are incontestable and considered famous.
29. Plaintiff Atlas continues to enjoy a license to the Atlas Marks.
30. The connection between the Atlas Marks and Plaintiff Atlas has been strengthened
in the public mind because of decades of extensive use, promotion, advertising and community
involvement by Atlas.
31. As a result of the high quality of the goods and services provided by Atlas and as a
result of the extensive promotion of that business, substantial goodwill has been developed in the
Atlas Marks.
5
32. Atlas has used the Atlas Marks in interstate commerce throughout the United States
prior to the Defendant s acts complained of in this Complaint.
33. The Atlas Marks are licensed by Plaintiffs to over 300 agents throughout the United
States.
34. As a result of the longstanding offering of goods and services in the transportation
industry, as well as the use of the Atlas Marks in connection with the offering of such goods and
, A ,
acceptance.
35. The Atlas Marks and the goodwill of the business associated therewith are of a
value to AWGI and Atlas which cannot be estimated.
IV. Defendant s Infringement
36. Defendant AMG advertises its services by, among other things, publishing a
website located at www.atlasmovergroup.com ( AMG ). (See, Exhibit B). The
A A
word mark, as seen belo ( I Mark ):
37. M A . The main content of the
offending webpage offers household goods moving services and storage services. Additionally,
webpages located at the URLs http://www.atlasmovergroup.com/local-moving.php,
http://www.atlasmovergroup.com/long-distance-moving.php,
http://www.atlasmovergroup.com/full-service-moving.php, and
6
http://www.atlasmovergroup.com/storage-service.php provide additional instances of the
confusingly similar mark being used in conjunction with household moving and storage services.
38. Due to the similarity between www.atlasmovergroup.com and
www.atlasvanlines.com, the offending domain name is likely to, to cause mistake, and to deceive
as to the affiliation, connections, or association of AMG with Plaintiffs AWGI.
39. The content of the website of the offending domain and the offending use of
P has caused actual confusion between AMG and AWGI, as shown in the attached
emails involving multiple customers of AMG that believed they had hired AWGI. (See Exhibit C-
Exhibit G).
40. The AMG Website expressly makes the following claims:
a. Atlas Mover Group, a properly licensed moving broker, has been moving
both residential and commercial customers across the United States. With
just a few steps, you are already in your new home across the state or
country. Load your items into a ReloCube or moving trailer and they will
transport you safely to your destination. Long distance moves cannot be as
easy as moving with Atlas Mover Group. The company combines the ease
of full moving service with an affordable truck rental to offer one of the
cheapest long distance moving alternatives to their consumers.
b. Atlas Mover Group goes the extra mile when it comes to facilitating long
distance moving. We provide long distance moving solutions that work for
both your bottom line and meet all of your moving needs. Some long
distance moves require more strategic planning than others, but whether it
is around the block or three time zones away our team of specialists work
7
closely with you so that your move is completed safely, secure, and on
time.
c. Smooth & Stress-Free Nationwide Moving Company
d. We strive to be the most honest moving company around. What makes us
different is our people. We are professional and strive to make your move
easy and stress free. Relax... We got this!
e. We are professionals who are dedicated to customer satisfaction and
focused on developing and nurturing our client relationships. We are in this
with you for the long haul.
f. We are your trusted and reliable Long distance moving company.
Licensed, Insured and fully bonded moving broker!
g. A A M G ,
41. Defendants intent is clearly to misleadingly divert consumers utilizing P
marks and trade on its goodwill and reputation.
42. Defendants have no legitimate noncommercial or fair use for the
atlasmovergroup.com domain. Defendants use is to confuse customers and prospective customers
of Defendants who show initial confusion in mistakenly going to D website.
43. Upon initially discovering the infringement, AWGI sent AMG a cease and desist
letter on February 1, 2024. (See, Exhibit H).
44. Upon information and belief, Defendants services offered under the Atlas Marks
are inferior to those offered by Plaintiffs and continue to damage and dilute the goodwill Plaintiffs
have developed in connection with offering legitimate services under the Atlas Marks.
8
45. By using the infringing marks and offering services identical to those offered by
Plaintiffs thereunder, Defendants have caused and continue to cause mistake, or to deceive the
consuming public as to the affiliation, connection, or association of Defendants with Plaintiffs, or
as to the origin, sponsorship, or approval of Defendants services, or commercial activities by the
ultimate purchaser as to both the source and sponsorship of Defendants services.
46. Defendants, upon information and belief and with full knowledge of the notoriety
of the Atlas Marks, intended to, and did, trade on the goodwill associated with Plaintiffs, and have
misled and will continue to confuse, deceive, and mislead the public in this regard.
COUNT I
Trademark Infringement of the ‘117 Mark Under 15 U.S.C. §1125(a)(1)
47. Plaintiffs repeat and re-allege the allegations set forth in paragraphs 1-46.
48. The Defendants A ,
sale, distribution, and advertising of their services is likely to cause confusion, to cause mistake,
A , R . N . 3,718,117.
49. The D A P
which does not exist and is likely to cause confusion as to the source, sponsorship, origin, or
approval of the D services.
50. The D A S 43( ) L A ,
15. U.S.C §1125(a)(1). Plaintiffs are entitled to, among other relief, D profits, treble
and statutory damages under 15 U.S.C. §§1117(a)-(c). Furthermore, Plaintiffs are entitled to an
award of reasonable attorney fees as this case is exceptional.
9
COUNT II
Trademark Infringement of the ‘378 Mark Under 15 U.S.C. §1125(a)(1)
52. The D A ,
sale, distribution, and advertising of their services is likely to cause confusion, to cause mistake,
Atlas , R . N . 4,229,378.
53. The D A P
which does not exist and is likely to cause confusion as to the source, sponsorship, origin, or
approval of the D services.
54. The D A S 43( ) L A ,
15. U.S.C §1125(a)(1). Plaintiffs are entitled to, among other relief, D profits, treble
and statutory damages under 15 U.S.C. §§1117(a)-(c). Furthermore, Plaintiffs are entitled to an
award of reasonable attorney fees as this case is exceptional.
COUNT III
Common Law Unfair Competition
56. The D A ,
for sale, distribution, and advertising of their services is likely to cause confusion, to cause mistake,
or to deceive consumers as to the source, sponsorship, origin, or approval of the D
services.
57. The D A
competition. As a result of such violation, the Defendants have caused damage to the Plaintiffs,
and Plaintiffs are entitled to all proper relief.
COUNT IV
Violation of the Federal Anticybersquatting Consumer Protection Act
10
59. Plaintiffs have owned and operated the domain, www.atlasvanlines.com, since May
19, 1995 and have done so continuously for nearly 30 years.
60. T D ,
www.atlasmovergroup.com ( D ), constitutes registration, trafficking, and/or use of a
domain name that is confusing, wrongful, and with bad faith intent to profit therefrom and/or harm
Plaintiffs.
61. The Defendants have no legal trademark rights in the Domain and, on information
and belief, utilize the subject Domain in connection with the sale, offering for sale, distribution,
and advertising of their services.
62. A D ,
Domain, the Plaintiffs have incurred damages, and shall continue to suffer damages including loss
of revenue, loss of business, loss of business opportunities, and loss of the significant value of the
Domain itself unless enjoined.
63. The above-described conduct of Defendant constitutes unlawful cybersquatting in
violation of the Anti-cybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d)(1).
64. In addition to actual and compensatory damages, the Plaintiffs are entitled to the
maximum statutory damages pursuant to 15 U.S.C § 1117(d).
65. Plaintiffs request that, pursuant to 15 U.S.C. § 1125, the Court Order the ownership
of the Domain be transferred to AWGI, the rightful owner of the Domain.
66. Pursuant to 15 U.S.C. §1117(a), Plaintiff is entitled to an award of its reasonable
67. The actions of Defendants are knowing, willful and malicious, thus making this
case an exception within the meaning of 15 U.S.C. § 1117.
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68. For the foregoing reasons, pursuant to 15 U.S.C. § 1125(d)(2)(D)(I), the Plaintiffs
are entitled to an order transferring t D P
account.
IV. Prayer For Relief
WHEREFORE, AWGI, LLC and Atlas Van Lines, Inc. pray that this Court enter
judgment in their favor on each and every claim for relief set forth above and award them relief
including, but not limited to, the following:
A. A preliminary and permanent injunction enjoining and restraining Defendants and
their officers, directors, agents, servants, employees, successors, assigns, attorneys, and all those
persons in active concert or participation therewith who received actual notice of this Court s
orders:
a. from causing likelihood of confusion, or causing mistake, or to deceive as to
affiliation, connection, or association of Defendants with Plaintiffs of the Atlas
Marks, or as to the origin, sponsorship, or approval of his or her goods, services,
or commercial activities, or causing injury to business reputation, or dilution of
the distinctiveness of the Atlas Marks, or Plaintiffs forms of advertisement;
b. from directly or indirectly falsely designating or representing that any goods or
services are authorized, approved, associated with, or originating from,
Plaintiffs;
c. from directly or indirectly using the A or any confusingly similar
variants, iterations, or forms thereof, which is likely to cause confusion or
further irreparable harm to Plaintiffs business reputation or goodwill;
d. from utilizing the A or any confusingly similar variant in any shape
or manner;
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e. from publishing, assembling, marketing, distributing, or otherwise utilizing any
literature, business forms, advertisements, signs, or any other representations,
regardless of the medium, which bear the A or any confusingly
similar variant, and from otherwise unfairly competing in any way with
Plaintiffs;
f. to destroy or cause to be destroyed all literature, advertisements, business
forms, signs, and any other representations, regardless of form, which are in, or
come to be in, Defendants possession, custody, or control and which bear the
A or any confusingly similar variant;
g. to notify their direct customers, agents, and representatives that the A
mark or any confusingly similar variant are not connected with Plaintiffs;
h. to immediately institute full compliance with any order entered by this Court,
and, within thirty days following the date of entry of any preliminary or
permanent injunctive relief issued by this Court, propound and file a statement,
under oath and penalty of perjury, that each and every injunctive provision has
been fully and completely complied with;
and for:
B. Restitution and disgorgement;
C. Damages, including but not limited to statutory and treble damages, in an amount
to be determined at trial;
D. The Defendant profits from sales derived during all periods of wrongful use of
the Atlas Marks;
E. Punitive damages;
F. A ute;
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G. T P internet domains and social media accounts
P ;
H. Such other interlocutory and permanent relief as this court may deem appropriate.
Dated: July , 2024
/s/ Mark F. Warzecha

Mark F. Warzecha, Esq.
Indiana Bar No. 23433-82
Florida Bar No. 095779
WIDERMAN MALEK, PL
1990 W. New Haven Ave. Suite 201
Melbourne, Florida 32904
Telephone: 321-255-2332
Facsimile: 321-255-2351
[email protected]
Attorney for Plaintiff
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VERIFICATION
I, Stacie Banks, certify:
1. I am the Manager of the Plaintiff, AWGI, LLC.
2. I have read the Verified Complaint and any attachments hereto, and to the best of
my knowledge, information and belief, the allegations contained in the Verified Complaint are true
and accurate.
fo~
Dated:- - - - - - - - - - - - - - - -
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VERIFICATION
I, Stacie Banks, certify:
l. I am the Senior Vice President and Chief Financial Officer of the Plaintiff, Atlas
Van Lines, Inc.
2. I have read the Verified Complaint and any attachments hereto, and to the best of
my knowledge, information and belief, the allegations contained in the Verified Complaint are true
and accurate.
for ~ i n e s , Inc.
Dated :
-----------------
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INDEX OF EXHIBITS
A. Screenshots of Atlas M G LLC U B M LLC SAFER
Company listing
B. Screenshots of www.atlasmovergroup.com
C. Email from Calvin Goins, customer of Atlas Mover Group LLC
D. Email from Plaintiffs to their counsel of record regarding a customer of Atlas Mover Group
LLC
E. Email from Diane Yates, customer of Atlas Mover Group LLC
F. Email from Plaintiffs to their counsel of record regarding Chris Graillat, a customer of
Atlas Mover Group LLC
G. Email from Adwoa Dadzie, customer of Atlas Mover Group LLC
H. Cease and Desist letter dated February 1, 2024
17

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Case 3:24-cv-00116-MPB-CSW Document 1 Filed 07/15/24 Page 1 of 17 PageID #: 1

UNITED STATES DISTRICT COURT

AWGI, LLC and ATLAS VAN LINES, INC.,

INJUNCTIVE RELIEF SOUGHT

A GI, LLC ( A GI, / P ) A V L ,

allege and state:

I. Nature of the action

1. In 1948, a group of 33 entrepreneurs in the moving and storage industry formed an

2. Over the past seventy-six (76) years, A ,

concert to bring reliable, worry-free service to customers every day.

Agent Certification to agents , , . I

5. As a result of P efforts, Plaintiffs have achieved substantial goodwill in its

8. Online advertising by Plaintiffs on Google, Microsoft Bing, Reddit, Instagram, and

2021 and March 31, 2023.

2,000 and 20,000.

which cannot be estimated.

12. P tised its services under the Atlas Marks. Plaintiffs

corporate name of Atlas Mover Group LLC. The Defendant has A

II. Parties and Jurisdiction

of Delaware, with its principal place of business in Evansville, Indiana.

D, Macon, GA, 31210.

of Transportation and bears registration number 4086604 and MC number MC-1555864.

McDonough, GA, 30253.

§ 1121, 28 U.S.C. §§ 1331, 1338(a) and 1367.

23. Venue is proper in this district pursuant to 28 U.S.C. § 1391(b)(2) as a substantial

III. Plaintiffs Marks

transportation and storage of goods.

Plaintiff AWGI via instrument numbers 900148744A, 900148730A, 900148741A, 900148739A,

Mark Registration No. Services

ATLAS 3,718,117 IC 039: Freight forwarding services;

ATLAS 4,229,378 IC 039: Storage of goods of others

of household goods for others.

28. The Atlas Marks are incontestable and considered famous.

29. Plaintiff Atlas continues to enjoy a license to the Atlas Marks.

prior to the Defendant s acts complained of in this Complaint.

value to AWGI and Atlas which cannot be estimated.

IV. Defendant s Infringement

website located at www.atlasmovergroup.com ( AMG ). (See, Exhibit B). The

word mark, as seen belo ( I Mark ):

37. M A . The main content of the

webpages located at the URLs http://www.atlasmovergroup.com/local-moving.php,

http://www.atlasmovergroup.com/storage-service.php provide additional instances of the

38. Due to the similarity between www.atlasmovergroup.com and

as to the affiliation, connections, or association of AMG with Plaintiffs AWGI.

40. The AMG Website expressly makes the following claims:

transport you safely to your destination. Long distance moves cannot be as

cheapest long distance moving alternatives to their consumers.

c. Smooth & Stress-Free Nationwide Moving Company

d. We strive to be the most honest moving company around. What makes us

easy and stress free. Relax... We got this!

e. We are professionals who are dedicated to customer satisfaction and

focused on developing and nurturing our client relationships. We are in this

with you for the long haul.

f. We are your trusted and reliable Long distance moving company.

Licensed, Insured and fully bonded moving broker!

41. Defendants intent is clearly to misleadingly divert consumers utilizing P

marks and trade on its goodwill and reputation.

42. Defendants have no legitimate noncommercial or fair use for the

atlasmovergroup.com domain. Defendants use is to confuse customers and prospective customers