According to the complaint, Mattingly owned a night club named “The Rustic Frog” in New Albany, Indiana for many years. Sometime in November 2008, Mattingly converted the club into a strip club and began operating the club under the name II HORSESHOES GENTLEMEN’S CLUB. (Click here for a background article on controversy surrounding the club’s opening). In addition to the HORSESHOES name, the club purportedly uses a similar type of horseshoe logo as that used by Harrah’s (the low quality pictures can be viewed in the complaint – I was unable to find any online pictures of the logo Mattingly supposedly uses). Mattingly’s club is only 8 miles away from Harrah’s Elizabeth, Indiana location and supposedly on the major highway that leads from New Albany to the casino.
Harrah’s causes of action are for federal trademark infringement under 15 U.S.C. §1114, federal unfair competition under 15 U.S.C. §1125(a), federal trademark dilution under 15 U.S.C. §1125(c), common law trademark infringement and unfair competition, and trademark dilution under Indiana law (Ind. Code §24-2-1-13.5).