Camp Bow Wow Franchising v. Shear Pawfection - Complaint

Case: 1:20-cv-00993-MRB Doc #: 1 Filed: 12/10/20 Page: 1 of 30 PAGEID #: 1
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
CAMP BOW WOW FRANCHISING, INC. Case No. 1:20-cv-00993

7577 W. 103rd. Ave., Suite 209
Westminster, Colorado 80021 (JUDGE )
Plaintiff,
-vs-
SHEAR PAWFECTION, LLC

892 State Route 28
Milford, Ohio 45150
COMPLAINT OF PLAINTIFF
and CAMP BOW WOW
FRANCHISING, INC.
4032 LINDEN AVENUE, LLC
460 N. Springboro Pike JURY TRIAL DEMANDED
West Carrollton, Ohio 45449
and
CENTERVILLE SHOPPING CENTER,

LLC
460 N. Springboro Pike
West Carrollton, Ohio 45449
Defendants.
Plaintiff Camp Bow Wow Franchising, Inc. (“Camp Bow Wow” or “Plaintiff”), for
its Complaint against Defendants Shear Pawfection, LLC (“Shear Pawfection”), 4032
Linden Avenue, LLC (“Linden Avenue”), and Centerville Shopping Center, LLC
(“Centerville Shopping Center”) (collectively referred to as “Defendants”), hereby states
as follows:
PARTIES
1. Camp Bow Wow® is a Delaware corporation with its principal place of
business located at 7577 W. 103rd. Ave., Suite 209, Westminster, Colorado 80021.
2. Upon information and belief, Shear Pawfection is an Ohio limited liability
company with its principal place of business at 892 State Route 28, Milford, Ohio 45150.
3. Upon information and belief, Linden Avenue is an Ohio limited liability
company with its principal place of business at 460 N. Springboro Pike, West Carrollton,
Ohio 45449.
4. Upon information and belief, Centerville Shopping Center is a Delaware
limited liability company with its principal place of business at 460 N. Springboro Pike,
West Carrollton, Ohio 45449.
JURISDICTION AND VENUE
5. This Court has subject matter jurisdiction over this action pursuant to 15
U.S.C. § 1121, 28 U.S.C. §§ 1331, and 1338 (a) and (b), because this action arises under the
Lanham Act, 15 U.S.C. § 1125 and the Patent Laws of the United States, 35, U.S.C. § 271 et
seq. Additionally, this Court has supplemental jurisdiction over the state law claims
pursuant to 28 U.S.C. § 1367(a).
6. This Court has personal jurisdiction over Defendants because they conduct
business in the Southern District of Ohio; upon information and belief the Defendants are
all domiciled in the state of Ohio; and the acts giving rise to this action, including
Defendants’ infringement of Plaintiff’s trade dress and patents, occurred in the Southern
District of Ohio. Upon information and belief, Defendants have regularly solicited
business or derived substantial revenue from services promoted, advertised, and/or sold
within this District and expect their actions to have consequences in this District.
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7. Furthermore, venue is appropriate in this Court in accordance with 28
U.S.C. § 1391(b) and (c) and 1400(b) because all of the Defendants are domiciled in the
state of Ohio and at least one of the Defendants resides in the judicial district. Moreover,
the acts giving rise to this action, including Defendants’ infringement of Plaintiff’s trade
dress and patents, occurred within this District.
NATURE OF THE ACTION
8. This is an action for direct and contributory trade dress infringement and
unfair competition under the Trademark Act of 1946 (the “Lanham Act”), as amended, 15
U.S.C. § 1125(a); patent infringement under the Patent Laws of the United States, 35,
U.S.C. §271 et seq; deceptive trade practices under the Ohio Deceptive Trade Practices
Act, Ohio Revised Code § 4165.02; and the common law of trade dress and unfair
competition.
FACTS COMMON TO ALL CAUSES OF ACTION
CAMP BOW WOW®
9. Camp Bow Wow® is a well-known provider of dog day care, boarding,
training, grooming, walking, and related services, including in home pet care, and is the
franchisor of the Camp Bow Wow franchise network, the largest pet care franchise in
North America.
10. Camp Bow Wow and its franchisees currently operate more than 180
locations within the United States and Canada, and serve over 230,000 customers each
year, including over 4.7 million annual dog visits. In the more than twenty (20) years since
the Camp Bow Wow network began, millions of customers in forty (40) different states
have been served in one of Camp Bow Wow’s locations.
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11. Camp Bow Wow has expended a great deal of time and money seeking
federal protection of its intellectual property including, but not limited to, its trademarks,
patents, and its unique and distinctive trade dress that is utilized in almost all of its
locations throughout the United States.
12. The elements of Camp Bow Wow’s unique and distinctive trade dress
include: the interior design of a lobby with a rustic, western inspired camping theme,
including but not limited to brown knotty pine siding and brown knotty pine trim, with
vertical brown pine log posts, an artificial fireplace featuring horizontal brown knotty pine
boards and mantle, three red pendulum lights, wood-like flooring, and sage green walls;
which have been registered with the United States Patent and Trademark Office
(“USPTO”) under U.S. Trademark Registration No. 4566177, pictured below (the “CBW
Trade Dress”).
13. Camp Bow Wow is the owner of the entire right, title, and interest in and to
U.S. Registration No. 4566177 for the CBW Trade Dress, registered with the USPTO on
July 15, 2014 for “Dog care services, namely, providing temporary accommodations for
dogs, daycare services and dog kennels; pet boarding services; pet day care services” in
International Class 43. A true copy of the registration certificate is attached hereto as
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Exhibit A. This registration is valid, subsisting, and incontestable (hereinafter referred
to as the “CBW Trade Dress Registration”).
14. Besides the CBW Trade Dress, Camp Bow Wow also utilizes unique,
proprietary and distinctive cabin doors for its kennels throughout the United States,
which are all emblazoned with Camp Bow Wow’s federally registered trademark featuring
the image of a dog in a log cabin-themed dog house (U.S. Reg. No. 4,467,207). The kennel
cabin doors are unique custom designs that are proprietary to Camp Bow Wow and must
be specially made. A representative example of Camp Bow Wow’s proprietary kennel
cabin doors bearing Camp Bow Wow’s federally registered log cabin-themed dog house
logo pictured below (the “CBW Cabin Doors”).
15. Camp Bow Wow is the owner, by virtue of assignment, of the entire right,
title, and interest in and to United States Design Patent No. D735,954 (the “‘954 Patent”),
issued on August 4, 2015, and entitled “Kennel Gate.” A true copy of the ‘954 Patent is
attached hereto as Exhibit B.
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16. Camp Bow Wow is also the owner, by virtue of assignment, of the entire
right, title, and interest in and to United States Design Patent No. D703,391 (the “‘391
Patent”), issued on April, 22, 2014, and entitled “Header for a Kennel Gate.” A true copy
of the ‘391 Patent is attached hereto as Exhibit C (the ‘954 Patent and ‘391 Patent are
hereinafter collectively referred to as the “CBW Cabin Doors Design Patents”).
17. The custom design elements of the CBW Cabin Doors as shown in the CBW
Cabin Doors Design Patents, namely, the unique placement and length of the vertical line
openings, combined with the placement of Camp Bow Wow’s log cabin-themed dog house
trademark, and the overlay of pine trees above the kennel cabin doors, imbue the CBW
Cabin Doors with the same rustic, camping theme that is seen throughout all of Camp
Bow Wow’s locations in the United States, and in the CBW Trade Dress. These custom
design elements do not assist in the functioning of the kennel cabin doors, instead, these
elements were intentionally designed to incorporate Camp Bow Wow’s distinctive
camping theme. Nor does Camp Bow Wow’s exclusive use of the CBW Cabin Doors place
other competitors at a disadvantage, because there are a variety of other non-infringing
kennel cabin doors available on the market.
18. As a result of the extensive sales, advertising, and promotion of services
identified in the CBW Trade Dress Registration, the public has come to know and
recognize the CBW Trade Dress and CBW Cabin Doors and associate them exclusively
with the services offered by Camp Bow Wow and its franchisees. The CBW Trade Dress
and CBW Cabin Doors are among the best and mostly widely known trade dress utilized
in the pet care industry today, and are valuable assets to Camp Bow Wow, representing
Camp Bow Wow’s considerable goodwill and favorable reputation.
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DEFENDANTS AND THE MILFORD PROPERTY LEASE ADDENDUM
19. Upon information and belief, Defendant Shear Pawfection is engaged in the
business of animal grooming, and provides animal daycare and boarding services, among
other services on the property located at 892 State Route 28, Milford, Ohio 45150 (the
“Milford Property”).
20. Upon information and belief, Defendant Linden Avenue is engaged in the
business of commercial real estate, and co-owns the Milford Property.
21. Upon information and belief, Defendant Centerville Shopping Center is
engaged in the business of commercial real estate, and co-owns the Milford Property.
22. Upon information and belief, Defendants Linden Avenue and Centerville
Shopping Center entered into a lease agreement with JMC2018, LLC, a Camp Bow Wow
franchisee (the “Prior Tenant”), pertaining to the Milford Property dated August 10, 2018
(the “Prior Lease”). A true copy of the Prior Lease is attached hereto as Exhibit D.
23. Effective August 18, 2018, Defendants Linden Avenue and Centerville
Shopping Center, Camp Bow Wow, and the Prior Tenant modified the Prior Lease by
execution of an Addendum (the “Addendum to Prior Lease”), to provide certain rights to
Camp Bow Wow as franchisor to the Prior Tenant. A true copy of the Addendum to Prior
Lease is attached hereto as Exhibit E.
24. Section 10 of the Addendum to Prior Lease provides that in the event of
expiration, cancellation or termination of the Prior Lease or Prior Tenant’s franchise
agreement, Camp Bow Wow, shall, upon providing written notice of its intent within
thirty (30) days, have the right to enter and “de-identify” the Milford Property. See Exhibit
E, Section 10.
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25. In particular, Section 10 of the Addendum to Prior Lease provides that
Camp Bow Wow shall have the right to remove all of its intellectual property, or any
material bearing its intellectual property from the Milford Property, including but not
limited to trademarks, trade dress, patents or copyrighted materials, or any equipment or
materials bearing such intellectual property. See Exhibit E, Section 10.
26. Section 10 of the Addendum to Prior Lease explicitly states that Camp Bow
Wow’s rights under Section 10 are material, and, if violated, will subject Camp Bow Wow
to irreparable, continuing injury. See Exhibit E, Section 10.
27. The Addendum to Prior Lease does not provide any rights that grant
Defendants authority to retain any equipment or material bearing Camp Bow Wow’s
intellectual property.
28. Additionally, Schedule 1 of the Addendum to Prior Lease further specifies
the de-identification steps that Camp Bow Wow is allowed to perform to the Milford
Property, including: (1) remove all log trim from the Milford Property, including log trim
around the front door, desk, data poles, all log trim on and around the lobby, the border
of dry erase boards, log shelves, and gates; (2) remove equipment, décor, and supplies,
including the log fireplace and furniture; (3) repaint the entire lobby in a color that is
distinctively different from sage green; (4) replace the flooring; (5) significantly alter the
front desk layout so that it looks nothing like Camp Bow Wow’s protected trade dress; (6)
significantly alter the back warehouse area to remove the quadrant approach and
dividers; and (7) remove Camp Bow Wow specific equipment and supplies, including the
cabins. See Exhibit E, Schedule 1.
29. On November 7, 2019, Camp Bow Wow terminated its franchise agreement
with Prior Tenant.
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30. On November 11, 2019, four days after Camp Bow Wow’s termination of
Prior Tenant’s franchise agreement, Camp Bow Wow sent written notice to Defendants
Linden Avenue and Centerville Shopping Center of its intent to enter and de-identify the
Milford Property. A true copy of Camp Bow Wow’s written notice to Defendants is
attached hereto as Exhibit F.
31. Upon information and belief, the intellectual property that Camp Bow Wow
was entitled to remove under Schedule 1 was subject to a lien from Prior Tenant’s bank
(the “Lien”), and could not be timely removed by Camp Bow Wow.
32. From November 11, 2019 to June 17, 2020, Camp Bow Wow repeatedly
asserted in writing to Defendants Linden Avenue and Centerville Shopping Center of its
intent to de-identify the Milford Property and to retain all materials bearing Camp Bow
Wow’s intellectual property, as provided under Schedule 1 of the Addendum to Prior
Lease. See Exhibit E, Schedule 1.
33. During this period, Camp Bow Wow also repeatedly gave notice to
Defendants of Camp Bow Wow’s intellectual property rights, in particular, of its rights to
the federally registered CBW Trade Dress and the proprietary CBW Cabin Doors. True
copies of the written correspondence between Plaintiff and Defendants during this period
are collectively attached hereto as Exhibit G.
DEFENDANTS’ USE OF CAMP BOW WOW’S GOODWILL
34. Upon information and belief, after the Lien was lifted from Prior Tenant’s
bank, Defendants Linden Avenue and Centerville Shopping Center purchased all of the
assets that were subject to the Schedule 1 de-identification, notwithstanding Camp Bow
Wow’s clear, communicated intent to retain the assets and its repeated attempts to
purchase the assets from Prior Tenant’s bank itself.
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Shopping Center subsequently leased the Milford Property, including materials bearing
Camp Bow Wow’s intellectual property, to Shear Pawfection, a direct competitor of Camp
Bow Wow who offers identical services to those offered by Prior Tent and Camp Bow
Wow.
36. Upon information and belief, prior to leasing the Milford Property, Shear
Pawfection provided substantively the same competitive services at a location in
Maineville, Ohio, 6734 State Route 48, Maineville, Ohio 45039.
Shopping Center knew of Shear Pawfection’s business and services in Maineville, and of
Shear Pawfection’s intent to continue offering the same services on the Milford Property.
38. Upon information and belief, Shear Pawfection leased the Milford Property
specifically to expand the services it was already offering, because the Milford Property
had more square footage and much of the equipment it needed was already on the
property.
Shopping Center purchased all of the assets that were subject to the Schedule 1 de-
identification with a specific purpose to lease the Milford Property to a new entity offering
competitive services to Camp Bow Wow.
CAMP BOW WOW’S ATTEMPTS TO RESOLVE THE DISPUTE
40. On August 14, 2020, counsel for Camp Bow Wow hand delivered a cease
and desist letter to Shear Pawfection, notifying Shear Pawfection of its intellectual
property rights, particularly the CBW Trade Dress and CBW Cabin Doors, and demanding
that Shear Pawfection remove all use of Camp Bow Wow trademarks from the Milford
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Property, and remove or change all elements of the protected CBW Trade Dress. A true
copy of the August 14, 2020 letter to Shear Pawfection is attached hereto as Exhibit H.
41. On August 14, 2020, counsel for Shear Pawfection replied to Camp Bow
Wow’s letter by phone, and indicated that Shear Pawfection was in the process of making
the changes requested in the letter.
42. Between August 14, 2020 and October 6, 2020 counsel for Camp Bow Wow
and Shear Pawfection spoke numerous times by phone and email regarding the changes
requested in Camp Bow Wow’s August 14, 2020 letter. At all times during this period,
Camp Bow Wow was led to believe that progress was being made to de-identify the
Milford Property. Further, counsel for Shear Pawfection continued to represent to Camp
Bow Wow that Shear Pawfection was working in collaboration with Defendants Linden
Avenue and Centerville Shopping Center to de-identify the Milford Property as requested
in Camp Bow Wow’s August 14, 2020 letter. True copies of the written correspondence
between Plaintiff and Defendants during this period are attached hereto as Exhibits I-
K.
DEFENDANTS’ CONTINUED INFRINGEMENT AND FAILURE TO REMEDY
43. On October 6, 2020, counsel for Defendants Linden Avenue and Centerville
Shopping Center, jointly with counsel for Defendant Shear Pawfection, sent a letter to
Camp Bow Wow indicating that because Defendants Linden Avenue and Centerville
Shopping Center purchased all of the assets that were subject to the Schedule 1 de-
identification from Prior Tenant’s bank, Camp Bow Wow no longer had any rights to the
assets, including the elements of the protected CBW Trade Dress and proprietary CBW
Cabin Doors, and Defendants “owe absolutely no obligation” to Camp Bow Wow to de-
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identify the Milford Property, notwithstanding Camp Bow Wow’s intellectual property
rights. A true copy of the October 6, 2020 letter is attached hereto as Exhibit L.
44. Despite Defendants Linden Avenue and Centerville Shopping Center’s
position that they had no obligation to de-identify the property, Defendants nonetheless
agreed in the October 6, 2020 letter to remove or cover “any publicly viewable Camp Bow
Wow identification and décor in the lobby [of the Milford Property], including but not
limited to the lighting, flooring, wall paint, bench, poles, and fireplace,” which is an
implicit acknowledgement of Camp Bow Wow’s rights in the CBW Trade Dress See
Exhibit L.
45. Upon information and belief, on October 10, 2020, Shear Pawfection held a
grand opening event for its business at the Milford Property, including public tours of the
Milford Property to the public. Upon information and belief, counter to representations
made to Camp Bow Wow by counsel for Shear Pawfection, as of the grand opening event
Shear Pawfection had not made any significant modifications to remove or conceal
materials bearing Camp Bow Wow’s intellectual property, particularly the CBW Trade
Dress and CBW Cabin Doors in the Milford Property.
46. On October 24, 2020, Camp Bow Wow engaged a private investigator to
conduct a thorough onsite investigation of the Milford Property to determine whether
Shear Pawfection was still using the CBW Trade Dress and CBW Cabin Doors at the
Milford Property (the “Investigative Report”). A true copy of the Investigative Report is
attached hereto as Exhibit M.
47. Based upon Camp Bow Wow’s reasonable and thorough investigation as
detailed in the Investigative Report, Camp Bow Wow discovered that, counter to the
representations made by counsel for Shear Pawfection, Shear Pawfection had not made
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any changes to remove or conceal the elements of the CBW Trade Dress, and that Shear
Pawfection has continued using the CBW Trade Dress and CBW Cabin Doors in
substantially the exact from as Camp Bow Wow for the same or similar services as Camp
Bow Wow. Photographs showing Shear Pawfection’s use of the CBW Trade Dress and
CBW Cabin Doors on the Milford Property appear below:
Milford Property CBW Trade Dress
Milford Property CBW Trade Dress
Milford Property CBW Cabin Doors
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Milford Property CBW Cabin Doors
48. Camp Bow Wow has not consented to the use of the CBW Trade Dress or
CBW Cabin Doors by Defendants.
49. Shear Pawfection is using the CBW Trade Dress and CBW Cabin Doors to
offer services that are competitive to Camp Bow Wow and its franchisees.
Shopping Center knew that Shear Pawfection intended to use the CBW Trade Dress and
CBW Cabin Doors to offer services that are competitive to Camp Bow Wow and its
franchisees.
51. Upon information and belief, Defendants know they are in possession of
and are using Camp Bow Wow’s valuable intellectual property, particularly the CBW
Trade Dress and CBW Cabin Doors.
52. With knowledge of Camp Bow Wow’s rights in the CBW Cabin Doors,
Defendants could have developed new cabin doors to fit the existing cabins that did not
utilize the same distinctive design used and owned by Camp Bow Wow.
53. Instead, Defendants chose to continue using the CBW Cabin Doors in a
manner that infringes the CBW Cabin Doors Design Patents. A side by side comparison
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of the CBW Cabin Doors Design Patents and the cabin doors utilized by Defendants on
the Milford Property is shown below:
‘391 Patent
Milford Property ‘954 Patent
54. Defendants Linden Avenue and Centerville Shopping Center knew, prior to
leasing the Milford Property to Shear Pawfection, that the CBW Trade Dress was federally
protected, and that use of the protected CBW Trade Dress and proprietary CBW Cabin
Doors by a third party would directly infringe Camp Bow Wow’s intellectual property
rights.
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55. Upon information and belief, Defendants have knowledge of CBW Trade
Dress Registration, and the infringement has been and continues to be willful and
intentional, making this an exceptional case under 35 U.S.C. § 285 and entitling Camp
Bow Wow to treble damages under 35 U.S. C. § 284.
56. Upon information and belief, Defendants know of the custom and
proprietary nature of the CBW Cabin Doors, and the infringement has been and continues
to be willful and intentional, making this an exceptional case under 35 U.S.C. § 285 and
entitling Camp Bow Wow to treble damages under 35 U.S. C. § 284.
FIRST CAUSE OF ACTION

FEDERAL TRADE DRESS INFRINGEMENT OF THE CBW TRADE DRESS (15 U.S.C. §
1125) AGAINST SHEAR PAWFECTION
57. The allegations in the foregoing paragraphs are hereby incorporated by
reference.
58. Camp Bow Wow owns all registered and common law rights in the CBW
Trade Dress. Under 15 U.S.C. § 1115, Camp Bow Wow’s registration of its trade dress on
the principal register is prima facie evidence of its validity and of Camp Bow Wow’s
exclusive right to use the CBW Trade Dress in commerce.
59. Shear Pawfection’s use in commerce of Camp Bow Wow’s CBW Trade Dress
for services that are directly competitive with and identical to the services offered by
Camp Bow Wow and its franchisees, and without Camp Bow Wow’s consent, is likely to
confuse or deceive the public into believing, contrary to fact, that the unauthorized
activities of Shear Pawfection are licensed, franchised, sponsored, authorized, or
otherwise approved by Camp Bow Wow. Such unauthorized use of the CBW Trade Dress
infringes the exclusive rights held by Camp Bow Wow under Section 43 of the Lanham
Act, 15 U.S.C. § 1125(a).
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60. Upon information and belief, the acts of Shear Pawfection were and are
being done knowingly and intentionally to cause confusion, or to cause mistake, or to
deceive.
61. Shear Pawfection’s conduct has caused, and will continue to cause, Camp
Bow Wow and its franchisees to suffer severe, immediate, and irreparable injury for which
Camp Bow Wow has no adequate remedy at law unless Shear Pawfection is enjoined
pursuant to 15 U.S.C. § 1116.
62. As a result of Shear Pawfection’s willful, deliberate and malicious activities
and conduct, Camp Bow Wow has been harmed and continues to be harmed.
Accordingly, Camp Bow Wow is entitled to recover its damages and/or Shear Pawfection’s
profits received as a result of those activities and conduct, treble damages, and the costs
of this action pursuant to 15 U.S.C. § 1117(a).
SECOND CAUSE OF ACTION

FEDERAL TRADE DRESS INFRINGEMENT OF THE CBW CABIN DOORS (15 U.S.C. §
reference.
64. Camp Bow Wow owns all common law rights to the custom and proprietary
CBW Cabin Doors. The CBW Cabin Doors are primarily non-functional and are
inherently distinctive. Further, the CBW Cabin Doors have also acquired distinctness as
a result of Camp Bow Wow’s extensive use of the CBW Cabin Doors throughout the United
States.
65. Shear Pawfection’s use in commerce of Camp Bow Wow’s CBW Cabin Doors
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otherwise approved by Camp Bow Wow. Such unauthorized use of the CBW Cabin Doors
Act, 15 U.S.C. § 1125(a).
deceive.
THIRD CAUSE OF ACTION

PATENT INFRINGEMENT OF THE CBW CABIN DOORS DESIGN PATENTS (35 U.S.C. §
reference.
70. Camp Bow Wow is the owner of the CBW Cabin Doors Design Patents,
which are valid and enforceable.
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71. Shear Pawfection has infringed and continues to infringe the CBW Cabin
Doors Design Patents by using doors that incorporate the exact Kennel Gate and Header
for a Kennel Gate shown in the CBW Cabin Doors Design Patents in violation of 35 U.S.C.
§ 271, for services that are directly competitive with and identical to the services offered
by Camp Bow Wow and its franchisees.
72. Shear Pawfection’s actions as alleged herein have caused, and will continue
to cause, irreparable harm to Camp Bow Wow unless enjoined pursuant to 35 U.S.C. §
283.
73. Shear Pawfection has profited from its infringement of the CBW Cabin
Doors Design Patents and will continue to profit from it. Shear Pawfection’s actions are
causing and will continue to cause Camp Bow Wow monetary damage in amounts
presently unknown but to be determined at trial.
FOURTH CAUSE OF ACTION

CONTRIBUTORY INFRINGEMENT OF THE CBW TRADE DRESS (15 U.S.C. § 1125)
AGAINST LINDEN AVENUE AND CENTERVILLE SHOPPING CENTER
reference.
Shopping Center are acting in concert with Shear Pawfection.
Shopping Center induced the infringement by Shear Pawfection by leasing the Milford
Property to Shear Pawfection without making any substantial modifications to remove or
conceal the CBW Trade Dress, and failing to take any remedial measures to stop the
infringement by Shear Pawfection despite the repeated assertions by Camp Bow Wow of
its intellectual property rights in the CBW Trade Dress.
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77. Defendants Linden Avenue and Centerville Shopping Center were
contractually obligated pursuant to the Addendum to Prior Lease to either allow Camp
Bow Wow to de-identify the Milford Property or dispose of the property bearing Camp
Bow Wow’s intellectual property. Moreover, Defendants specifically agreed in their
October 6, 2020 letter to conceal or remove “any publicly viewable Camp Bow Wow
identification and décor in the lobby [of the Milford Property], including but not limited
to the lighting, flooring, wall paint, bench, poles, and fireplace,” which is an implicit
acknowledgement of Camp Bow Wow’s intellectual property rights in the CBW Trade
Dress.
78. Upon information and belief, Defendants’ acts were and are being done
intentionally, with knowledge of Camp Bow Wow’s intellectual property rights in the CBW
Trade Dress.
79. Defendants Linden Avenue and Centerville Shopping Center’s conduct
Act, 15 U.S.C. § 1125(a).
80. Defendants Linden Avenue and Centerville Shopping Center’s conduct has
caused, and will continue to cause, Camp Bow Wow and its franchisees to suffer severe,
immediate, and irreparable injury for which Camp Bow Wow has no adequate remedy at
law unless Defendants are enjoined pursuant to 15 U.S.C. § 1116.
81. As a result of Defendants’ willful, deliberate and malicious activities and
conduct, Camp Bow Wow has been harmed and continues to be harmed. Accordingly,
Camp Bow Wow is entitled to recover its damages and/or Defendants’ profits received as
a result of those activities and conduct, treble damages, and the costs of this action
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FIFTH CAUSE OF ACTION

CONTRIBUTORY INFRINGEMENT OF THE CBW CABIN DOORS (15 U.S.C. § 1125)
AGAINST LINDEN AVENUE AND CENTERVILLE SHOPPING CENTER
reference.
Shopping Center are acting in concert with Shear Pawfection.
Shopping Center induced the infringement by Shear Pawfection by leasing the Milford
Property to Shear Pawfection without making any substantial modifications to remove or
conceal the CBW Cabin Doors, and failing to take any remedial measures to stop the
infringement by Shear Pawfection despite the repeated assertions by Camp Bow Wow of
its intellectual property rights in the CBW Cabin Doors.
85. Defendants Linden Avenue and Centerville Shopping Center were
contractually obligated pursuant to the Addendum to Prior Lease to either allow Camp
Bow Wow to de-identify the Milford Property or dispose of the property bearing Camp
Bow Wow’s intellectual property. Moreover, Defendants specifically agreed in their
October 6, 2020 letter to conceal or remove “any publicly viewable Camp Bow Wow
identification and décor in the lobby [of the Milford Property], including but not limited
to the lighting, flooring, wall paint, bench, poles, and fireplace,” which is an implicit
acknowledgement of Camp Bow Wow’s intellectual property rights in the CBW Cabin
Doors.
86. Upon information and belief, Defendants’ acts were and are being done
intentionally, with knowledge of Camp Bow Wow’s intellectual property rights in the CBW
Cabin Doors.
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87. Defendants Linden Avenue and Centerville Shopping Center’s conduct
Act, 15 U.S.C. § 1125(a).
88. Defendants Linden Avenue and Centerville Shopping Center’s conduct has
caused, and will continue to cause, Camp Bow Wow and its franchisees to suffer severe,
immediate, and irreparable injury for which Camp Bow Wow has no adequate remedy at
law unless Defendants are enjoined pursuant to 15 U.S.C. § 1116.
89. As a result of Defendants’ willful, deliberate and malicious activities and
conduct, Camp Bow Wow has been harmed and continues to be harmed. Accordingly,
Camp Bow Wow is entitled to recover its damages and/or Defendants’ profits received as
a result of those activities and conduct, treble damages, and the costs of this action
SIXTH CAUSE OF ACTION

VIOLATION OF THE OHIO DECEPTIVE TRADE PRACTICES ACT FOR THE CBW TRADE
DRESS AGAINST SHEER PAWFECTION
90. The allegations the foregoing paragraphs are hereby incorporated by
reference.
92. The CBW Trade Dress is within the definition of a “Mark” under Ohio
Revised Code § 4165.02(C), which includes “a combination of a word, name, symbol, or
device in any form or arrangement.”
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otherwise approved by Camp Bow Wow. Such unauthorized use of the CBW Trade Dress
violates the Ohio Deceptive Trade Practices Act, Ohio Revised Code § 4165.02.
deceive.
pursuant to Ohio Revised Code § 4165.03(A)(1).
Accordingly, Camp Bow Wow is entitled to recover its actual damages pursuant to Ohio
Revised Code § 4165.03(A)(2).
SEVENTH CAUSE OF ACTION

VIOLATION OF THE OHIO DECEPTIVE TRADE PRACTICES ACT FOR THE CBW CABIN
DOORS AGAINST SHEER PAWFECTION
reference.
98. Camp Bow Wow owns all common law rights to the custom and proprietary
CBW Cabin Doors.
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99. The CBW Cabin Doors are within the definition of a “Mark” under Ohio
Revised Code § 4165.02(C), which includes “a combination of a word, name, symbol, or
device in any form or arrangement.”
otherwise approved by Camp Bow Wow. Such unauthorized use of the CBW Cabin Doors
violates the Ohio Deceptive Trade Practices Act, Ohio Revised Code § 4165.02.
deceive.
pursuant to Ohio Revised Code § 4165.03(A)(1).
Accordingly, Camp Bow Wow is entitled to recover its actual damages pursuant to Ohio
Revised Code § 4165.03(A)(2).
24
EIGHTH CAUSE OF ACTION

FEDERAL UNFAIR COMPETITION FOR THE CBW TRADE DRESS
AGAINST SHEER PAWFECTION
reference.
otherwise approved by Camp Bow Wow.
deceive.
108. Shear Pawfection’s infringement of the CBW Trade Dress to offer services
that are competitive to Camp Bow Wow and its franchisees, enables Shear Pawfection to
benefit unfairly from Camp Bow Wow’s reputation and success, thereby giving Shear
Pawfection’s services salability which they would not otherwise enjoy.
109. Shear Pawfection’s conduct and acts, as alleged above, constitute unfair
competition in violation of Section 43 of the Lanham Act, 15 U.S.C. § 1125(a).
25
NINTH CAUSE OF ACTION

FEDERAL UNFAIR COMPETITION FOR THE CBW CABIN DOORS
AGAINST SHEAR PAWFECTION
reference.
113. Camp Bow Wow owns all common law rights in the CBW Cabin Doors.
otherwise approved by Camp Bow Wow.
deceive.
26
116. Shear Pawfection’s infringement of the CBW Cabin Doors to offer services
that are competitive to Camp Bow Wow and its franchisees, enables Shear Pawfection to
benefit unfairly from Camp Bow Wow’s reputation and success, thereby giving Shear
Pawfection’s services salability which they would not otherwise enjoy.
117. Shear Pawfection’s conduct and acts, as alleged above, constitute unfair
competition in violation of Section 43 of the Lanham Act, 15 U.S.C. § 1125(a).
TENTH CAUSE OF ACTION

COMMON LAW TRADE DRESS INFRINGEMENT OF THE CBW TRADE DRESS
reference.
121. Shear Pawfection’s use of Camp Bow Wow’s CBW Trade Dress constitutes
trade dress infringement under the common law of the State of Ohio.
deceive.
27
123. Camp Bow Wow has been and will continued to be damaged as a result of
Shear Pawfection’s infringement.
124. Shear Pawfection’s conduct and acts, as alleged above, will continue to cause
irreparable harm to Camp Bow Wow unless enjoined by this Court.
ELEVENTH CAUSE OF ACTION

COMMON LAW TRADE DRESS INFRINGEMENT OF THE CBW CABIN DOORS
reference.
126. Shear Pawfection’s use of Camp Bow Wow’s CBW Cabin Doors constitutes
trade dress infringement under the common law of the State of Ohio.
deceive.
128. Camp Bow Wow has been and will continued to be damaged as a result of
Shear Pawfection’s infringement.
129. Shear Pawfection’s conduct and acts, as alleged above, will continue to cause
irreparable harm to Camp Bow Wow unless enjoined by this Court.
WHEREFORE, Camp Bow Wow respectfully prays for judgment against
Defendants’ as follows:
A. In favor of Camp Bow Wow against the Defendants on all claims;
B. Preliminarily and permanently enjoin and restrain each such Defendant
against continued infringement of the CBW Trade Dress;
28
C. Preliminarily and permanently enjoin and restrain each such Defendant
against continued infringement of the CBW Cabin Doors;
D. Preliminarily and permanently enjoin and restrain each such Defendant
against continued infringement of the CBW Cabin Doors Design Patents;
E. Award Camp Bow Wow damages adequate to compensate for Defendants’
infringement of the CBW Cabin Doors Design Patents, but in no event less than a
reasonable royalty, together with interest and costs as fixed by the Court;
F. Order an accounting for Camp Bow Wow’s damages and/or Defendants’
profits derived from and/or related to Defendants’ infringement of the CBW Trade Dress;
G. Order an accounting for Camp Bow Wow’s damages and/or Defendants’
profits derived from and/or related to Defendants’ infringement of the CBW Cabin Doors;
H. Order an accounting for Camp Bow Wow’s damages and/or Defendants’
profits derived from and/or related to Defendants’ infringement of the CBW Cabin Doors
Design Patents;
I. Order an accounting for Camp Bow Wow’s damages as a measure of
Defendants’ profits derived from Defendants’ unjust enrichment;
J. Order an assessment of interest and costs against Defendants;
K. Find this to be an exceptional case and to award reasonable attorneys’ fees
to Camp Bow Wow;
L. Find that Defendants’ infringement was intentional and thus treble
damages and attorneys’ fees are appropriate; and
M. Award Camp Bow Wow such other relief as the Court may deem just and
proper.
29
JURY DEMAND
Pursuant to Fed. R. Civ. P. 38(b), Camp Bow Wow demands a trial by jury for all
claims to triable.
Dated: December 10, 2020 Respectfully submitted,
/s/April L. Besl
April L. Besl (Ohio Bar No. 0082542)
Jaci L. Overmann (Ohio Bar No. 0089306)
Liane H. Rousseau (Ohio Bar No. 0093435)
DINSMORE & SHOHL, LLP
255 E. Fifth Street, Suite 1900
Cincinnati, OH 45202
Phone: (513) 977-8200
Fax: (513) 977-8141
Email: april.besl@dinsmore.com
jaci.overmann@dinsmore.com
liane.rousseau@dinsmore.com
Counsel for Camp Bow Wow
30
Case: 1:20-cv-00993-MRB Doc #: 1-1 Filed: 12/10/20 Page: 1 of 3 PAGEID #: 31
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ATTACHMENT ONE
Section I(c) attorneys for Plaintiff:
April L. Besl (Ohio Bar No. 0082542)

Phone: (513) 977-8200
Fax: (513) 977-8141
Email: april.besl@dinsmore.com
Jaci L. Overmann (Ohio Bar No. 0089306)

Phone: (513) 977-8200
Fax: (513) 977-8141
Email: jaci.overmann@dinsmore.com
Liane H. Rousseau (Ohio Bar No. 0093435)

Phone: (513) 977-8200
Fax: (513) 977-8141
Email: liane.rousseau@dinsmore.com
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
DocuSign Envelope ID: 19EB51C4-7C6C-4284-AD83-AEFEE46AB464
Via Certified Mail, Return Receipt Requested, and

email to kbalon@scene75.com and mike@3cre.com
Ms. Kathy Balon and Mr. Michael Costantini

c/o 4032 Linden Avenue, LLC
460 N. Springboro Pike
West Carrollton, OH 45449
RE: Camp Bow Wow® Lease for 892 State Route 28, Milford, Ohio 45150 (the “Property”)
Dear Ms. Balon & Mr. Costantini:
This notice is being provided pursuant to Section 12(b) of that certain “Addendum to Lease” by
and among 4032 Linden Avenue, LLC (“Landlord”); JMC2018, LLC (“Tenant”); and Camp Bow Wow
Franchising, Inc. (“Franchisor”) dated August 15, 2018 (the “Lease Addendum”), which amends the
“Lease” agreement dated August 10, 2018 between Landlord and Tenant.
Please be advised that the Franchise Agreement between Franchisor and Tenant was terminated
effective November 7, 2019, after Tenant notified Franchisor that it had decided to close the business
permanently on that date. Franchisor does not intend to exercise its right to assume the Lease under
Section 10(a) of the Lease Addendum or to assign the Lease to a new or different franchisee under Section
10(b) of the same.
Section 10 of the Lease Addendum allows Franchisor 30 days from the effective date of
termination to provide Landlord with notice of intent to enter and de-identify the Property. Franchisor
does intend to exercise that right, however, timing will depend in large part on the actions of the Tenant’s
lender, which has a lien on the assets. I have requested the lender’s contact information from Mr. Carter
so I can begin those conversations as soon as possible. However, to date, he has not provided it.
Schedule 1 to the Lease Addendum details the steps that CBW may choose to perform. I would
imagine that the majority of these items will need to be completed after the bank has completed its
appraisal on the assets.
1. Post a sign on the door that the location is closed and to contact Camp Bow Wow
Franchising, Inc. (“CBW”), at its then-current contact information, with any questions. This is already
completed.
2. Remove logo/hours/contact information from front door.
3. Remove the Camp Bow Wow® logo sign insert from any monument signs, and exterior
signage and return to CBW. Ideally, we’d like to schedule this to be competed at the Franchisor’s cost as
soon as possible. Our intent is to have it removed and placed inside until we determine the final
disposition of the assets.
4. Remove and retain for pick up by CBW any item with the Camp Bow Wow, Home Buddies
or Behavior Buddies logo or with any CBW trademarks or copyrights on them, including Scout, signage,
floor mats, wood logo disc, etc. This will likely have to wait until the bank completes its appraisal.
5. Remove all log trim in the Camp (including log trim around front door, desk, data poles,
all log trim on and around lobby and throughout Camp (border of dry erase boards, log shelves, gates,
etc.) This will likely have to wait until the bank completes its appraisal.
6. Remove and hold for CBW to pick up the following equipment/decor/supplies. This will
likely have to wait until the bank completes its appraisal.:
a. CBW-specific equipment and supplies, including but not limited to lobby art work,
retail log shelving, log cabinets, directional signage, emergency supply mailboxes, dry erase boards,
boarding card holders on cabins, and leash holders in the lobby;
b. Log Fireplace, Furniture and Shelving in Lobby;
c. Log Dog Beds and Mats;
d. Puppy playground equipment;
e. Outside play area shade sails and/or shade structures;
f. Kuranda Cots and Plush Mats;
g. Kong Toys for Campfire Treats;
h. Cleaning Supplies and Dispensing System;
i. Web Camera Server and Software;
j. Doggy Up System Server and Monitors;
k. One Dog One Bone Pools; and,
l. Cabins (for example, if Priefert in Franchisor’s proprietary sage green color, Gator,
5 Point Fabrication, or another approved vendor).
7. Repaint the entire lobby in a color approved by CBW and Lessor and distinctively different
from CBW’s Sage Green. Typically, the lobby would be painted white. Please advise if the landlord has
a preference on color.
8. Replace Van Gough flooring in lobby. The Franchisor is willing to waive this requirement
if Landlord would find that beneficial.
9. Significantly alter the front desk layout to remove check in/check out areas, gates and
signs, and data poles so that it looks nothing like CBW’s unique and federally protected front desks.
Typically so long as the log, the check-in and check-out signs and gates, and the data poles are removed,
the basic U-shaped desk structure can remain.
10. Significantly alter the back warehouse area layout in a manner approved by CBW to
remove the quadrant approach, dividers in play areas and the layout of kennels. Removal of the cabins
(kennels) and fencing should accomplish this, but that should be done after the bank completes its
appraisal.
I understand that this likely raises a significant number of questions. The Franchisor wants to make
this unfortunate process as seamless as we can for all parties, and I look forward to working with you on
this. I’d love to set up a call this week to talk through these items and answer any questions you have.
Please feel free to reach out to me using the contact information provided below. I hope to hear from you
soon.
Best regards,
Kim Morris
General Counsel
Camp Bow Wow Franchising, Inc.
(720) 259-4270
kimberly.morris@cbwcorp.com
Exhibit G
Hilton, Andrew
From: Julie Turner <Julie.Turner@cbwcorp.com>

Sent: Sunday, December 8, 2019 5:03 PM
To: Kimberly Morris; Todd Haavind
Subject: RE: Milford Update
Thanks for the update, Kim. What are next steps once the appraisal is completed? We’ll still need to obtain all
branded assets.
Julie
From: Kimberly Morris

Sent: Thursday, December 5, 2019 11:34 AM
To: Julie Turner <Julie.Turner@cbwcorp.com>; Todd Haavind <Todd.Haavind@cbwcorp.com>
Subject: Milford Update
Hi Julie & Todd,
I just spoke with the landlord’s rep, and he confirmed that they’re working with Wells Fargo to schedule the
appraisal in the next week or two. He has not heard from John in several weeks, and says the landlord has resigned
itself to the fact that there won’t be another tenant taking over. They are focusing now on de-identification and re-
letting the space.
The landlord doesn’t currently have access to the space, so we couldn’t remove the signage and place it in side even
if we wanted to. He said they’re contacting a locksmith to change the locks and gain access, but they don’t want
anything to move until the bank has done its appraisal (including the signage). I’ll keep you posted as I get updates,
but for now, it looks like we’re just waiting on the appraisal.
Best,
Kim
Kim Morris
General Counsel, a.k.a. Legal Beagle
Camp Bow Wow®
P: (720) 259-4270
campbowwow.com
. . .
This email may contain information that is confidential or attorney-client privileged and may constitute inside information. The
contents of this email are intended only for the recipient(s) listed above. If you are not the intended recipient, you are directed
not to read, disclose, distribute or otherwise use this transmission. If you have received this email in error, please notify the
sender immediately and delete the transmission. Delivery of this message is not intended to waive any applicable privileges.
Camp Bow Wow Franchising, Inc. does not provide any legal counsel or advice to any third party, including franchisees, and any
information contained herein should not be construed as legal representation, counsel, or advice.
1
Hilton, Andrew
From: Schrader, Bruce <bschrader@ralaw.com>

Sent: Thursday, May 21, 2020 11:43 AM
To: Kimberly Morris
Cc: Gregory Jolly
Subject: RE: Camp Bow Wow Milford, OH
Kim,
I just left you a voice mail. If you or Greg want to call me to discuss status, I can be reached at 330.806.3626.
Regards,
Bruce
Bruce R. Schrader, II
Shareholder and General Counsel for the firm
222 S. Main St.

Suite 400
Akron, OH 44308
Direct Phone No.: 330.849.6604
Cell Phone No.: 330.806.3626
Main Phone No.: 330.376.2700
Fax No.: 330.376.4577
Email: bschrader@ralaw.com
www.ralaw.com
Roetzel & Andress, A Legal Professional Association
Both Bruce R. Schrader, II and Roetzel & Andress intend that this message be used exclusively by the addressee(s). This message
may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or
use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the
original message and notify Bruce R. Schrader, II immediately at 330.849.6604. Thank you.
From: Kimberly Morris <Kimberly.Morris@cbwcorp.com>

Sent: Thursday, May 14, 2020 5:10 PM
To: Schrader, Bruce <bschrader@ralaw.com>
Cc: Gregory Jolly <Gregory.Jolly@cbwcorp.com>
Subject: Camp Bow Wow Milford, OH
EXTERNAL:
Hi Bruce,
I hope you and your loved ones are healthy and safe! It’s been a while since we connected, so I’m reaching out to
see if there’s been any update on the Milford, OH Camp Bow Wow location. Last I remember, the bank was working
on appraising the assets and was open to a sale to a qualified candidate CBW had introduced, who wanted to re-
open it as a camp. I understand that the buyer backed out when COVID happened, so I thought I’d check in and see
where things stand now. CBW is still very interested in ensuring that the branded assets remain in our system, so if
there’s any information you can provide, we’re open to a discussion. On that note, I’ve copied my colleague Greg
Jolly here, who will be the point person on this going forward. I am heading out on maternity leave at the end of this
1
month, but Greg has been briefed on everything and is able to coordinate on our end. Thanks for any information or
assistance you can provide.
Best,
Kim
Kim Morris
Camp Bow Wow®
720-259-4270
campbowwow.com
. . .
2
Hilton, Andrew
From: Gregory Jolly

Sent: Wednesday, June 3, 2020 12:09 PM
To: bschrader@ralaw.com
Hi Bruce,
I hope that all is well. I am writing to follow-up on Kim’s e-mail below regarding the assets at the former Milford,
Ohio Camp Bow Wow location. I just spoke with the landlord’s rep and they have a prospective tenant interested in
the space. From what I understand, the tenant is also in the business of providing dog daycare and boarding services.
Therefore, as Kim mentioned below, we are very interested in protecting our assets. Have the assets been appraised
and if so, what is the bank asking for them?
Thank you for your time and I look forward to hearing from you.
Regards,
Greg Jolly
Sr. Legal Analyst
Camp Bow Wow®
720-259-2926
campbowwow.com
. . .

Hi Bruce,
Best,
Kim
1
Kim Morris
Camp Bow Wow®
720-259-4270
campbowwow.com
. . .
2
Hilton, Andrew

Sent: Thursday, June 4, 2020 1:40 PM
To: Gregory Jolly
Greg,
I left you a message yesterday to discuss your email, below. I can be reached at 330.849.6604 or
330.806.3626. Look forward to talking to you.
Bruce
From: Gregory Jolly <Gregory.Jolly@cbwcorp.com>

To: Schrader, Bruce <bschrader@ralaw.com>
EXTERNAL:
Hi Bruce,
I hope that all is well. I am writing to follow-up on Kim’s e-mail below regarding the assets at the former Milford,
Ohio Camp Bow Wow location. I just spoke with the landlord’s rep and they have a prospective tenant interested in
the space. From what I understand, the tenant is also in the business of providing dog daycare and boarding services.
Therefore, as Kim mentioned below, we are very interested in protecting our assets. Have the assets been appraised
and if so, what is the bank asking for them?
Thank you for your time and I look forward to hearing from you.
Regards,
Greg Jolly
Sr. Legal Analyst
Camp Bow Wow®
720-259-2926
campbowwow.com
. . .

Hi Bruce,
1
Best,
Kim
Kim Morris
Camp Bow Wow®
720-259-4270
campbowwow.com
. . .
2
Hilton, Andrew
From: Gregory Jolly

To: Michael Costantini
Subject: RE: Camp Bow Wow
Hi Michael,
It was nice speaking with you this week. I was able to connect with the attorney for Wells Fargo today. I made him
aware of the fact that we are interested in the assets. He is going to touch base with his client and get back to me.
As I mentioned, I will keep you updated as things progress.
Have a great evening.
Greg Jolly
Sr. Legal Analyst
Camp Bow Wow®
720-259-2926
campbowwow.com
. . .
From: Michael Costantini <mike@3cre.com>

Sent: Wednesday, June 3, 2020 5:52 AM
To: Gregory Jolly <Gregory.Jolly@cbwcorp.com>
Subject: Camp Bow Wow
Greg,
Can you give me a call please .
I have been working with Kim on Camp Bow Wow (Milford, OH).
This is the franchise that JOHN CARTER owned and closed.
We have a new tenant that wants to occupy the space.
We need to understand how to move forward with the CAMP BOW WOW branding and the removal of it.
Thank you.
--
Michael Costantini | Commercial Broker
Managing Partner
3CRE Commercial Real Estate
7815 Cooper Road Suite C | Cincinnati, Ohio 45242
Mobile: 513-383-8413 | Office: 513-745-9333
Email: Mike@3CRE.com
3CRE Web Page: www.3CRE.COM
1
Hilton, Andrew
From: Gregory Jolly

To: Schrader, Bruce; Michael Costantini
Cc: Robyn.N.Molina@wellsfargo.com
Subject: RE: personal property - former camp bow wow Milford Ohio
Hi Bruce,
Can you please provide a list of what your client considers to be JMC2018, LLC’s personal property?
Thanks!
Greg Jolly
Sr. Legal Analyst
Camp Bow Wow®
720-259-2926
campbowwow.com
. . .

To: Michael Costantini <mike@3cre.com>; Gregory Jolly <Gregory.Jolly@cbwcorp.com>
Subject: personal property - former camp bow wow Milford Ohio
Mike, and Greg,
Since both of you have expressed interest in purchasing the personal property owned by JMC2018, LLC upon which
Wells Fargo Bank has a security interest and lien, I thought it was best to communicate with both of you at the same
time. Wells Fargo Bank is willing to accept the minimum amount of $40,000 for it to sell, via a secured party sale, it
collateral, consisting of the personal property of JMC2018, LLC currently located 892 State Rt. 28, Milford OH. Any
sale of the personal property would be “as is, where is” with no representation or warranty except Wells Fargo
Bank’s right to sell the personal property via secured party sale. If you or your client is interested in purchasing the
personal property, please get back to me by 5:00 pm (eastern time) on Monday, June 15, 2020, with your highest
and best offer and Wells Fargo Bank will then decide which offer to accept and proceed with a secured party
sale. Any sale of the personal property is subject to such documentation that Wells Fargo Bank determines, in its
sole discretion, is necessary.
I look forward to hearing from each of you.
Regards,
Bruce
222 S. Main St.

Suite 400
Akron, OH 44308
1
Cell Phone No.: 330.806.3626
Main Phone No.: 330.376.2700
Fax No.: 330.376.4577
www.ralaw.com
Both Bruce R. Schrader, II and Roetzel & Andress intend that this message be used exclusively by the addressee(s). This
message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized
disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently
dispose of the original message and notify Bruce R. Schrader, II immediately at 330.849.6604. Thank you.
2
Hilton, Andrew
From: Gregory Jolly

Sent: Friday, June 12, 2020 11:49 AM
To: Robyn.N.Molina@wellsfargo.com; bschrader@ralaw.com; mike@3cre.com
Good Morning,
I have another follow-up question. Are you looking for this to be a bulk sale or are you open to a sale of specific
items?
Thanks!
Greg Jolly
Sr. Legal Analyst
Camp Bow Wow®
720-259-2926
campbowwow.com
. . .
From: Gregory Jolly

Thank you, Robyn. I will forward this to CBW’s executive team for review. I am out of the office tomorrow and
Monday, so it is unlikely that we are going to meet your deadline unless I get an immediate response. Are you
agreeable to working with us beyond the 15th?
Greg Jolly
Sr. Legal Analyst
Camp Bow Wow®
720-259-2926
campbowwow.com
. . .
From: Robyn.N.Molina@wellsfargo.com <Robyn.N.Molina@wellsfargo.com>

To: bschrader@ralaw.com; Gregory Jolly <Gregory.Jolly@cbwcorp.com>; mike@3cre.com
Greg,
Here are a few pictures that were provided for the appraisal we obtained to give you an idea of the items that were
on the list that Bruce provided.
Wells Fargo has a 1st lien on all Business Personal Property assets in that location.
Thanks,
Robyn Molina
1
Assistant Vice President
Credit Management Group
Wells Fargo Bank | 4101 Wiseman Blvd #203 1st Floor

San Antonio, TX 78251 | MAC: T7416-01H
PH: 210-856-7450 FAX: 210-624-0164
robyn.n.molina@wellsfargo.com
This is not a commitment to lend nor a solicitation or offer. This is for discussion purposes only.
"This message may contain confidential and/or privileged information. If you are not the addressee or authorized to receive this for the
addressee, you must not use, copy, disclose, or take any action based on this message or any information herein. If you have received
this message in error, please advise the sender immediately by reply e-mail and delete this message. Thank you for your cooperation."

To: Gregory Jolly <Gregory.Jolly@cbwcorp.com>; Michael Costantini <mike@3cre.com>
Cc: Molina, Robyn N. [LOAN ADJUSTOR] <Robyn.N.Molina@wellsfargo.com>
Greg,
We are working from a list put together by the Bank’s inspection (based upon photos of the location). In addition to
the items on the list provided was: (i) rustic style furniture and decor; and, (ii) basically other misc. items. Sorry I
cannot provide more information.
Bruce

To: Schrader, Bruce <bschrader@ralaw.com>; Michael Costantini <mike@3cre.com>
EXTERNAL:
Thank you, Bruce. I am not trying to be difficult, but do you have a complete list?
Greg Jolly
Sr. Legal Analyst
Camp Bow Wow®
720-259-2926
campbowwow.com
. . .

Greg,
2
Attached is a listing of the personal property/equipment. It may not be a complete list, but it will give you an idea of
what is the collateral of Wells Fargo. Please let me know if you have any questions.
Bruce

EXTERNAL:
Hi Bruce,
Thanks!
Greg Jolly
Sr. Legal Analyst
Camp Bow Wow®
720-259-2926
campbowwow.com
. . .

Mike, and Greg,
Regards,
Bruce
3
222 S. Main St.

Suite 400
Akron, OH 44308
Cell Phone No.: 330.806.3626
Main Phone No.: 330.376.2700
Fax No.: 330.376.4577
www.ralaw.com
4
Hilton, Andrew
From: Gregory Jolly

Sent: Friday, June 12, 2020 4:11 PM
To: Schrader, Bruce; Robyn.N.Molina@wellsfargo.com; mike@3cre.com
Thank you, Bruce. The extension is very helpful given the circumstances and is greatly appreciated.
Have a great weekend!
Greg Jolly
Sr. Legal Analyst
Camp Bow Wow®
720-259-2926
campbowwow.com
. . .

To: Gregory Jolly <Gregory.Jolly@cbwcorp.com>; Robyn.N.Molina@wellsfargo.com; mike@3cre.com
Greg,
As to your 2 inquiries as to the sale of the personal property, first, it will be a bulk sale of the property and Wells
Fargo will not entertain an item by item sale. Second, Wells Fargo is agreeable to extending the deadline for either
party to submit an offer. The new deadline to submit an offer is now Wednesday, June 17th at 5:00 p.m. (eastern
time).
Regards,
Bruce
222 S. Main St.

Suite 400
Akron, OH 44308
Cell Phone No.: 330.806.3626
Main Phone No.: 330.376.2700
Fax No.: 330.376.4577
www.ralaw.com
1

To: Robyn.N.Molina@wellsfargo.com; Schrader, Bruce <bschrader@ralaw.com>; mike@3cre.com
EXTERNAL:
Good Morning,
items?
Thanks!
Greg Jolly
Sr. Legal Analyst
Camp Bow Wow®
720-259-2926
campbowwow.com
. . .
From: Gregory Jolly

Greg Jolly
Sr. Legal Analyst
Camp Bow Wow®
720-259-2926
campbowwow.com
. . .

Greg,
Thanks,
Robyn Molina
2

PH: 210-856-7450 FAX: 210-624-0164

Greg,
Bruce

EXTERNAL:
Greg Jolly
Sr. Legal Analyst
Camp Bow Wow®
720-259-2926
campbowwow.com
. . .

Greg,
3
Bruce

EXTERNAL:
Hi Bruce,
Thanks!
Greg Jolly
Sr. Legal Analyst
Camp Bow Wow®
720-259-2926
campbowwow.com
. . .

Mike, and Greg,
Regards,
Bruce
4
222 S. Main St.

Suite 400
Akron, OH 44308
Cell Phone No.: 330.806.3626
Main Phone No.: 330.376.2700
Fax No.: 330.376.4577
www.ralaw.com
5
Hilton, Andrew
From: Gregory Jolly

Sent: Tuesday, June 16, 2020 11:32 AM
To: Schrader, Bruce; Robyn.N.Molina@wellsfargo.com; mike@3cre.com
Hi Bruce,
There is a Camp Bow Wow® franchisee who would like to purchase the assets. I have provided your, Robyn, and
Mike’s contact information and they will be reaching out to coordinate the sale. The individuals who will be
contacting you are Delmas and Hydie Fike. If you have any questions or if you need any additional information,
please feel free to let me know.
Thank you again for all of your help in this matter.
Regards,
Greg Jolly
Sr. Legal Analyst
Camp Bow Wow®
720-259-2926
campbowwow.com
. . .
From: Gregory Jolly

To: Schrader, Bruce <bschrader@ralaw.com>; Robyn.N.Molina@wellsfargo.com; mike@3cre.com
Thank you, Bruce. The extension is very helpful given the circumstances and is greatly appreciated.
Have a great weekend!
Greg Jolly
Sr. Legal Analyst
Camp Bow Wow®
720-259-2926
campbowwow.com
. . .

To: Gregory Jolly <Gregory.Jolly@cbwcorp.com>; Robyn.N.Molina@wellsfargo.com; mike@3cre.com
Greg,
As to your 2 inquiries as to the sale of the personal property, first, it will be a bulk sale of the property and Wells
Fargo will not entertain an item by item sale. Second, Wells Fargo is agreeable to extending the deadline for either
party to submit an offer. The new deadline to submit an offer is now Wednesday, June 17th at 5:00 p.m. (eastern
time).
1
Regards,
Bruce
222 S. Main St.

Suite 400
Akron, OH 44308
Cell Phone No.: 330.806.3626
Main Phone No.: 330.376.2700
Fax No.: 330.376.4577
www.ralaw.com

To: Robyn.N.Molina@wellsfargo.com; Schrader, Bruce <bschrader@ralaw.com>; mike@3cre.com
EXTERNAL:
Good Morning,
items?
Thanks!
Greg Jolly
Sr. Legal Analyst
Camp Bow Wow®
720-259-2926
campbowwow.com
. . .
From: Gregory Jolly

2
Greg Jolly
Sr. Legal Analyst
Camp Bow Wow®
720-259-2926
campbowwow.com
. . .

Greg,
Thanks,
Robyn Molina

PH: 210-856-7450 FAX: 210-624-0164

Greg,
Bruce

3
EXTERNAL:
Greg Jolly
Sr. Legal Analyst
Camp Bow Wow®
720-259-2926
campbowwow.com
. . .

Greg,
Bruce

EXTERNAL:
Hi Bruce,
Thanks!
Greg Jolly
Sr. Legal Analyst
Camp Bow Wow®
720-259-2926
campbowwow.com
. . .

4
Mike, and Greg,
Regards,
Bruce
222 S. Main St.

Suite 400
Akron, OH 44308
Cell Phone No.: 330.806.3626
Main Phone No.: 330.376.2700
Fax No.: 330.376.4577
www.ralaw.com
5
Exhibit H
DINSMORE & SHOHL LLP

255 East Fifth Street ^ Suite 1900
www.dinsmore.com
April L. Besl
(513) 977-8527 (direct) ^ (513) 977-8141 (fax)
april.besl@dinsmore.com
August 14, 2020
Via Certified First-Class mail, Return Receipt Requested

Attention: Deborah Amy Koopman, Statutory Agent
3386 Wessex Court
Loveland, OH 45140
Via Certified First-Class mail, Return Receipt Requested

Attention: Deborah Amy Koopman, Statutory Agent
892 State Route 28
Milford, OH 45150
Re: Cease & Desist Demand Concerning Infringement of Camp Bow Wow®
Trademarks, Trade Dress and Intellectual Property
Dear Ms. Koopman:
Our firm represents Camp Bow Wow Franchising, Inc. (“CBW”), a premier provider of
dog day care, boarding, training, grooming, walking, and related services, including in home pet
care. CBW’s CAMP BOW WOW mark is one of the most recognized brand names in the industry
and CBW holds a number of registrations surrounding its business including CAMP BOW WOW
(U.S. Reg. Nos. 2954646, 3364523, 4574377, and 5529134), CAMP BOW WOW (Stylized) (U.S.
Reg. No. 5451586), and the Kennel Design Mark, pictured below (U.S. Reg. No. 4467207)
(collectively these rights and all common law rights thereto as referred to as the “CBW Marks”).
CBW also has a unique and distinctive trade dress as to the look and feel of its business
that is utilized in its locations throughout the United States. These elements include, but are not
limited to, the following:
 All log trim in and around the lobby, including, but not limited to, trim around the desk,
doors, data poles/log posts, check in/check out gates, fireplace, and fireplace mantle;
August 14, 2020
Page 2
 Check in/check out signs;

 Check in/check out gates;
 Fireplace;
 Red pendulum lights (3);
 Sage Green walls; and,
 Brown wood-like flooring.
The elements of this trade dress have been registered with the US Trademark Office under
U.S. Reg. No. 4566177, pictured below (collectively referred to as the “CBW Trade Dress”).
CBW further utilizes a distinctive dog character named “Scout” in connection with its
business and its franchisees can use the costume for the character at events pursuant to the franchise
agreement (the “Scout Character”). An image of the Scout Character as used by CBW taken
from CBW’s social media is presented below:
It has recently come to our attention that your organization, Shear Pawfection, LLC
(“Shear Pawfection”), has taken over space previously held by a CBW franchisee located at 892
Old State Route 28, Milford, OH 45039 (the “Property”). The Property, as expected, made
August 14, 2020
Page 3
prominent use of the CBW Marks and CBW Trade Dress, which CBW has learned are still being
displayed and used by your business. Indeed, we have learned that the Kennel Design Mark is still
located on every kennel door on the Property and the CBW Marks appear on monitors throughout
the premises when operational, just as it did when it was CBW location.
Further, it has come to CBW’s attention that certain items were left behind on the Property,
including but not limited to the Scout Character costume. Posts on your social media have revealed
that your organization is advertising its services using the proprietary Scout Character under the
name “Patchy.” See Screenshot attached hereto as Exhibit A.
Prior to Shear Pawfection taking possession of the property, CBW had already placed the
owner of the Property on notice of its concerns with respect to the intellectual and personal
property still located on the Property. While we have no desire to hamper your business and trust
that your use of the CBW intellectual property described herein was in good faith, we hope you
can understand that as a trademark owner, CBW must take steps to preserve the goodwill and value
of its CBW Marks and CBW Trade Dress and to prevent consumer confusion. CBW has an active
franchisee in the Cincinnati area and is concerned that Shear Pawfection’s activities and continued
use of the CBW Marks, CBW Trade Dress, and Scout Character will cause a loss of business to
this franchise and harm to CBW’s rights.
For these reasons, CBW must ask that you immediately cease use of the CBW Marks,
CBW Trade Dress, and Scout Character. We do not object to your offering a competing business
at the Property, but your business should not be operated in a manner that mimics the CBW
intellectual property discussed herein.
At a minimum, CBW asks that you remove all use of the CBW Marks, cease all advertising
and use of the Scout Character, and remove or change all elements of the CBW Trade Dress
discussed herein. Please note that this is not exclusive; rather, the items listed are those that have
been identified to date that require removal.
We appreciate your cooperation in this matter and ask for your response within seven (7)
business days of the date of this letter. If you are represented by legal counsel, please immediately
provide this letter to your counsel and have them contact me at their earliest convenience. The
matters addressed by this letter are time sensitive.
Our investigation is ongoing and we reserve all of CBW’s rights and remedies, including
the right to pursue further action if this situation is not corrected.
We look forward to hearing from you.
Very truly yours,
April L Besl, Esq.

August 14, 2020
Page 4
Exhibit A
Exhibit I
Hilton, Andrew
From: Besl, April L.

Sent: Thursday, September 10, 2020 8:09 PM
To: Amy L. Higgins
Cc: Wells, Kristi
Subject: RE: Shear Pawfection
Hi Amy,
It was a pleasure speaking with you this evening. I have heard back from Camp Bow Wow regarding the kennel
doors.
The doors are not easily replaceable because they are unique to Camp Bow Wow’s custom kennel design. It is likely
that Shear Pawfections will have to find someone to fabricate a replacement door to fit the kennel walls. As I
mentioned, these doors are custom designs that are proprietary to Camp Bow Wow and must be addressed. Camp
Bow Wow is reviewing the additional information provided and I will circle back if they have any additional questions
or concerns.
Thanks,
April
From: Besl, April L. <april.besl@dinsmore.com>

Sent: Wednesday, September 9, 2020 12:36 PM
To: Amy L. Higgins <amy@kbhlawyers.com>
Cc: Wells, Kristi <kristi.wells@dinsmore.com>
Hi Amy,
Thank you for your voicemails. I apologize for the phone tag. Do you have time to discuss the changes that have
been made thus far this week? If not, please feel free to send via email and I can convey them over to Camp Bow
Wow right away.
Thanks,
April

Sent: Thursday, September 3, 2020 3:39 PM
Hi Amy,
I write in follow-up to my email on Monday and voicemail this morning. Can you please advise when we can expect
an update from Shear Pawfections? Camp Bow Wow is anxious to hear how things are progressing.
1
Best,
April

Sent: Monday, August 31, 2020 3:38 PM
Hi Amy,
I hope you had a great weekend. I wanted to follow-up and see if you have had a chance to discuss with the landlord
and your client further.
I look forward to hearing from you.
April

Hi Amy,
I confirmed with CBW that the version you had is the same one in their possession. So good news is that we are all
working on the same page.
In addition, CBW asked me to follow-up with you regarding some items that may have been left on the property and,
if so, they would really like to have these returned:
 Uniforms
 Training materials
 Operations manuals
 Branded event canopy/tent
 Branded applications
 Client files
 Dog costume
 CBW Brochures and marketing materials
 Branded retail items (to the extent there are any on-site) – collar tags, bandanas, dog bowls, water
bottles, etc.
With respect to items to be changed, these are the ones set forth in the addendum you provided. Let me know if
you have any questions on any of those items.
We look forward to hearing more about discussions with the landlord and how we can approach this together if
helpful.
Thanks!
2
April

Thank you! I’m just waiting to hear back from Camp Bow Wow regarding format.
From: Amy L. Higgins <amy@kbhlawyers.com>

To: Besl, April L. <april.besl@dinsmore.com>
Subject: Shear Pawfection
April,
Thanks for the call today. As we discussed, I have been waiting for confirmation from you about the
tasks/equipment needing de-identification before following up with the Landlord’s attorney. To that end, let’s
compare the BowWow addendum in our possession (attached) with the list you are working from, so we are sure to
be literally working from the same page.
Thanks,
Amy
Amy L. Higgins
P.O. Box 9868
Ph. (513) 351-6058
Fax (513) 351-6054
Cell (513) 520-8080
amy@kbhlawyers.com
www.kbhlawyers.com
3
Exhibit J
Hilton, Andrew

Sent: Friday, September 18, 2020 4:44 PM
To: Besl, April L.
Cc: Wells, Kristi
Subject: RE: Camp Bow Wow / Shear Pawfections Matter
April,
I’m following up again with Landlord’s counsel today. I’m not sure if you and I discussed it in detail or not, but the
Landlord actually owns all of the FFE, including the cabin doors. And it’s been difficult to get good communication in
that direction. Working on it.
I will provide a more formal point-by-point response once I have the information to share.
Thanks,
Amy
From: Besl, April L. [mailto:april.besl@dinsmore.com]

Subject: Camp Bow Wow / Shear Pawfections Matter
FOR SETTLEMENT PURPOSES ONLY

SUBJECT TO FRE 408
Amy,
I write in follow-up to our discussion on September 10, 2020 via email and phone. We have not heard further
regarding the efforts of Shear Pawfections (“SP”) to remedy the concerns raised in our August 14, 2020
correspondence. We appreciate all that has been reportedly done to date, several concerns and infringing uses still
remain. We have detailed these out below.
1. Cabin Design
As mentioned during our discussion, the cabin design is specially designed for and proprietary to Camp Bow Wow
(“CBW”). While we appreciate that SP has covered the CBW logo on the cabin doors, this is not a permanent or
acceptable long-term solution and SP must replace the cabin doors. Please advise as to the efforts to replace the
cabin doors thus far and a timeline for completion.
2. Monitors, Lighting, and Flooring
We understand from our discussion on September 10, 2020 that SP has covered the monitors pending a permanent
solution, is not using the proprietary lighting pending removal/replacement, and is in the process of covering the
flooring with a rug. Please advise as to the status of the permanent changes to these items and provide visual proof
of these changes.
Given that SP has already had a month to make these changes, we must ask that these permanent solutions be
completed within two (2) weeks of the date of this correspondence with visual evidence of the changes provided to
CBW.
1
3. Bench and Fireplace
We understand from our discussion September 10, 2020 that SP has a banner covering the fireplace and something
covering the bench until both can be permanently changed. We further understand that SP has been negotiating
with the landlord to address these changes. Please advise as to the status of these efforts with the landlord and
steps taken to date in writing.
To the extent no progress has been made with the landlord, we must ask that SP remove the bench and fireplace,
which are easily removable, from the location within two (2) weeks of the date of this correspondence with visual
evidence of the removal provided to CBW.
4. Poles
We understand from our discussion on September 10, 2020 that the poles have been covered up or retrofitted to
appear like palm trees. Further, we understand that the landlord has been asked to change the poles. Please advise
as to the status of these efforts with the landlord and steps taken to date in writing.
To the extent no progress has been made with the landlord, it is our understanding that the poles are just decorative
to hide the wiring, not structural, and thus can be easily removed. As such, we would ask that SP provide visual
evidence of the full changes to the poles and/or remove them entirely within two (2) weeks of the date of this
correspondence with visual evidence of the removal provided to CBW.
5. Additional Items from the Addendum
In addition to the items discussed above, please advise as to the status of SP changing the following from the
addendum:
 Exterior signage featuring CBW marks

 Décor containing our logo (signage, floor mats, wood logo disc, etc.)
 Log trim throughout the facility
 Items listed in 6(a), 6(b), and 6(c) in the addendum
 Paint
Please confirm that these items have all been addressed in writing within two (2) weeks of the date of this
correspondence with visual evidence of the removal provided to CBW. We believe that some of these may have
already been addressed, but would like to have written confirmation of their completion with visual evidence to
confirm.
6. CBW Property on Site.
Finally, with respect to the CBW property, we ask that SP provide a written statement confirming that all of these
items were either never received by SP or were disposed of upon receipt, with a specific statement for each as to
which applies:
 Uniforms
 Ops manual
 Client files
 Dog costume
2

 Branded retail items (to the extent there are any on-site) – collar tags, bandanas, dog bowls, water bottles,
etc.
Please provide this written confirmation within two (2) weeks of the date of this correspondence.
If you have any questions please let me know. We look forward to hearing from you shortly to resolve this matter.
Best regards,
April
April L. Besl
Partner, Chair of Trademarks Practice Group
Dinsmore & Shohl LLP • Legal Counsel

255 East Fifth Street
Suite 1900
T (513) 977-8527 • F (513) 977-8141
E april.besl@dinsmore.com • dinsmore.com
NOTICE: This electronic mail transmission from the law firm of Dinsmore & Shohl may constitute
an attorney-client communication that is privileged at law. It is not intended for transmission to, or
receipt by, any unauthorized persons. If you have received this electronic mail transmission in
error, please delete it from your system without copying it, and notify the sender by reply e-mail, so
that our address record can be corrected.
3
Exhibit K
Hilton, Andrew

Sent: Friday, October 2, 2020 2:28 AM
To: Besl, April L.
Cc: Wells, Kristi
April,
The landlord has taken the lead on addressing these issues, and I had expected him to prepare a response for you by
tomorrow. I received a phone call earlier today (well, yesterday at this point) asking me to contact you about him
needing a few more days to provide a more complete response. He did not offer more background about what the
delay was, but I get the impression there are several moving parts, and they are making efforts to be as
comprehensive as possible.
I appreciate your patience, and hope that you also consider this deeper landlord involvement the positive step
forward that we do.
Amy

Sent: Tuesday, September 22, 2020 4:33 PM
Thanks Amy, this is helpful information. If the landlord owns the FF&E, can you advise if SP is leasing it all? Can you
provide some more details on the agreement with the landlord in this regard?
Thanks,
April

To: Besl, April L. <april.besl@dinsmore.com>
April,
I’m following up again with Landlord’s counsel today. I’m not sure if you and I discussed it in detail or not, but the
Landlord actually owns all of the FFE, including the cabin doors. And it’s been difficult to get good communication in
that direction. Working on it.
I will provide a more formal point-by-point response once I have the information to share.
Thanks,
Amy
1

Subject: Camp Bow Wow / Shear Pawfections Matter
FOR SETTLEMENT PURPOSES ONLY

SUBJECT TO FRE 408
Amy,
I write in follow-up to our discussion on September 10, 2020 via email and phone. We have not heard further
regarding the efforts of Shear Pawfections (“SP”) to remedy the concerns raised in our August 14, 2020
correspondence. We appreciate all that has been reportedly done to date, several concerns and infringing uses still
remain. We have detailed these out below.
1. Cabin Design
As mentioned during our discussion, the cabin design is specially designed for and proprietary to Camp Bow Wow
(“CBW”). While we appreciate that SP has covered the CBW logo on the cabin doors, this is not a permanent or
acceptable long-term solution and SP must replace the cabin doors. Please advise as to the efforts to replace the
cabin doors thus far and a timeline for completion.
2. Monitors, Lighting, and Flooring
We understand from our discussion on September 10, 2020 that SP has covered the monitors pending a permanent
solution, is not using the proprietary lighting pending removal/replacement, and is in the process of covering the
flooring with a rug. Please advise as to the status of the permanent changes to these items and provide visual proof
of these changes.
Given that SP has already had a month to make these changes, we must ask that these permanent solutions be
completed within two (2) weeks of the date of this correspondence with visual evidence of the changes provided to
CBW.
3. Bench and Fireplace
We understand from our discussion September 10, 2020 that SP has a banner covering the fireplace and something
covering the bench until both can be permanently changed. We further understand that SP has been negotiating
with the landlord to address these changes. Please advise as to the status of these efforts with the landlord and
steps taken to date in writing.
To the extent no progress has been made with the landlord, we must ask that SP remove the bench and fireplace,
which are easily removable, from the location within two (2) weeks of the date of this correspondence with visual
evidence of the removal provided to CBW.
4. Poles
We understand from our discussion on September 10, 2020 that the poles have been covered up or retrofitted to
appear like palm trees. Further, we understand that the landlord has been asked to change the poles. Please advise
as to the status of these efforts with the landlord and steps taken to date in writing.
2
To the extent no progress has been made with the landlord, it is our understanding that the poles are just decorative
to hide the wiring, not structural, and thus can be easily removed. As such, we would ask that SP provide visual
evidence of the full changes to the poles and/or remove them entirely within two (2) weeks of the date of this
correspondence with visual evidence of the removal provided to CBW.
5. Additional Items from the Addendum
In addition to the items discussed above, please advise as to the status of SP changing the following from the
addendum:
 Exterior signage featuring CBW marks

 Décor containing our logo (signage, floor mats, wood logo disc, etc.)
 Log trim throughout the facility
 Items listed in 6(a), 6(b), and 6(c) in the addendum
 Paint
Please confirm that these items have all been addressed in writing within two (2) weeks of the date of this
correspondence with visual evidence of the removal provided to CBW. We believe that some of these may have
already been addressed, but would like to have written confirmation of their completion with visual evidence to
confirm.
6. CBW Property on Site.
Finally, with respect to the CBW property, we ask that SP provide a written statement confirming that all of these
items were either never received by SP or were disposed of upon receipt, with a specific statement for each as to
which applies:
 Uniforms
 Ops manual
 Client files
 Dog costume
 Branded retail items (to the extent there are any on-site) – collar tags, bandanas, dog bowls, water bottles,
etc.
Please provide this written confirmation within two (2) weeks of the date of this correspondence.
If you have any questions please let me know. We look forward to hearing from you shortly to resolve this matter.
Best regards,
April
April L. Besl
Partner, Chair of Trademarks Practice Group
Dinsmore & Shohl LLP • Legal Counsel

3
Suite 1900
T (513) 977-8527 • F (513) 977-8141
E april.besl@dinsmore.com • dinsmore.com
NOTICE: This electronic mail transmission from the law firm of Dinsmore & Shohl may constitute
an attorney-client communication that is privileged at law. It is not intended for transmission to, or
receipt by, any unauthorized persons. If you have received this electronic mail transmission in
error, please delete it from your system without copying it, and notify the sender by reply e-mail, so
that our address record can be corrected.
4
Exhibit L
PICKREL, SCHAEFFER AND EBELING

A LEGAL PROFESSIONAL ASSOCIATION
2700 STRATACACHE TOWER TROY OFFICE
40 NORTH MAIN STREET
22 NORTH SHORT ST.
DAYTON,OHIO 45423-2700 TROY,OH 45373
9371223-1130
FACSIMILE 9371223-0339
L, MICHAEL BLY WWW.PAL-1 1V.
(Ylit1
JOHN E, CLOUGH3
KRISTINA E. CURRY
BRITTANY A. DOGGETT
jweprin@pselaw.com
JAMES L. JACOBSON' October 6,2020
JAMES W. KELLEHER Via Email and Regular U.S. Mail
JOSEPH P. MATTERA3
GERALD L. MCDONALD'
April L. Besl, Esq.
DAVID H. MONTGOMERY Dinsmore & Shohl LLP
GABRIELLE R, NEAL
JON M. ROSEMEYER
MICHAEL W. SANDHER Suite 1900
ALAN B. SCHAEFFER Cincinnati, OH 45202
DONALD G.SCHWELLER
JEFFREY S.SENNEY
MATTHEW C. SORG Dear April,
MATTHEW 0 STOKELY4
KATRINA L. WAHL
PAUL J. WINTERHALTER
Please be advised that I represent the Landlords ofthe captioned premises. I am
PAUL E. ZIMMER responding to your email to Amy Higgins, dated September 18,2020,attorney for
Shear Pawfection LLC,on behalfof Landlords and jointly with Amy Higgins.
OF COUNSEL
JAMES I. WEPRIN
Your email relates to matters involving Landlords' former tenant(the "Tenant")in
the space now occupied by Shear Pawfection, and more directly invokes our Lease
Also licensed In FL with that Tenant and the Addendum to that Lease between the Landlord,the Tenant
Also licensed in FL and MI
Als0 licensed in NY and the Franchisor. The Tenant was in default ofthe Lease for failure to pay rent,
• Also admitted in NY and CT
a copy ofthe default notice is enclosed.
An email on behalfof the Franchisor was sent to the Landlord in November 2019,
by Gregory Jolly.(Copy enclosed). Mr. Jolly acknowledged that there was a thirty
(30)day period from the effective date of the termination ofthe Camp Bow Wow
Lease for the Franchisor to enter and de-identify the personal property of Tenant.
Nothing was done by the Franchisor within the thirty (30)day time frame.
As a result of the Tenant not paying its loan, the Tenant's Lender, Wells Fargo,
exercised its lien rights and sold the personal property of the Tenant to Landlord.
Camp Bow Wow was given the opportunity to bid when the property was
auctioned for sale by Wells Fargo but failed to participate in the auction. I am
enclosing a copy ofthe email from Bruce Schrader, counsel for Wells Fargo.
Paragraph 10 ofthe Addendum to the Lease states that upon the termination ofthe
Lease,the Franchisor at Franchisor's expense shall have a period ofthirty (30)
days from its receipt of notice ofthe expiration, cancellation or termination ofthe
Lease to enter the premises and de-identify the premises. Paragraph 10 further
states that if the Franchisor fails to remove the property or any equipment or
Page 2
October 6, 2020
material within thirty (30)days ofthe termination ofthe Lease, Landlord may dispose ofthe
same without liability to the Franchisor. This paragraph appears to be controlling in that the
Franchisor failed to act within the thirty (30), and days even if they did act within thirty(30)
days, the de-identification ofthe property was to be done at the Franchisor's expense.
Even though the Landlords' and Shear Pawfection's position in this matter is that they owe
absolutely no obligation to the Franchisor based upon the facts outlined herein, in order to
accommodate the Franchisor,the Landlords and Shear Pawfection has or will remove or cover
up any publicly viewable Camp Bow Wow identification and decor in the lobby, including but
not limited to the lighting, flooring, wall paint, bench, poles, and fireplace. This will be
completed, we anticipate within the next thirty (30)to forty-five(45)days. The Landlords will
provide photographs indicating exactly what has been done when it is substantially complete.
Please also be aware that members ofthe public are not regularly allowed beyond the lobby of
the premises and Shear Pawfection does not operate(and does not plan to ever operate) webcams
such that the cabin doors and monitors will never risk causing confusion as to a connection or
affiliation between Shear Pawfection and Camp Bow Wow.
Finally, none of the materials you list in Item No.6 of your Sept. 18 email are on the property.
The Franchisor lost its rights with respect to those materials per the Addendum, but Shear
Pawfection will nevertheless confirm as requested that all such materials that had been on-site
have been disposed of.
Ifthere is any further de-identification of publicly viewable trademarks that Bow Wow is
requesting other than indicated herein, we would be willing to investigate allowing the
Franchisor at Franchisor's expense to de-identify any further property. Please advise.
Sincerely,
PICKREL SCHAEFFER & EBELING CO.LPA
James I. Wep ,Esq.
(2) 41r\ L) /4)

Amy L. Higgins, Esq.
Keller Barrett Higgins
P.0. Box 9868
PICKREL, SCHAEFFER AND EBELING

A LEGAL PROFESSIONAL ASSOCIATION
2700 STRATACACHE TOWER TROY OFFICE
40 NORTH MAIN STREET
22 NORTH SHORT ST
DAYTON, OHIO 45423-2700 TROY,011 45373
937/223-1130
FACSIMILE 937/223-0339
L. MICHAEL OLT .PAtLAWA LIN
JOHN E. CLOUGH'
KRISTINA H CURRY
EBONY 0 DAVENPORT
jvieprin@pselaw.com
BRITTANY A. DOGGETT December 31,2019
JAMES L JACOBSON'
JAMES W. KELLEHER
JOSEPH P. MATTERA'
Via Certified Mail
otRALni. mcoortoto2 1MC2018 LLC
DAVID H MONTGOMERY
GABRIELLE It NEAL
892 State Route 28
JON M ROSEMEYER Milford, OH 45150
MICHAEL W.SOONER
ALAN B. SCHAEFFER
DONALD G. SCHWELLER
RE: 892 State Route 28, Milford,OH 45150
JEFFREY S.SENNEY
MATTHEWC SORG Dear Sir or Madam:
MATTHEW 0.STOKELY
.
ANDREW C.STORM
KATRINA L. VAANL Please be advised that I represent 4032 Linden Avenue,LLC and Centerville
PAUL J YONTERHALTER
Shopping Center, LLC. As you know, you have abandoned the Premises and are in
PAUL E ZIMMER
default ofthe Lease Agreement for failure to pay rent and for other reasons.
Pursuant to the terms ofthe Lease Agreement,the Landlords have a security
OF COQfIEL
JAMES I WEPRIN
interest in all of your furniture,fixtures,equipment, and inventory at the Premises.
The purpose ofthis letter is to advise that not only are you in default ofthe Lease
'Alno .Gown n FL
Agreement, you have abandoned the property and you will not have access to the
Alin nrorncl a FL Met MI property. The Landlords are taking the necessary action in order to obtain the
A1710 karma )n NY
• Minn.:01%11nd In NY and CT property in partial satisfaction of your default ofthe Lease Agreement.
Sincerely,
PICK .EL SCHAEFFER & EBELING CO.,LPA
41F
itki
James L Weprin
JIW:VLG
Weprin, James
From: Gregory Jolly <Gregory.Jolly@cbwcorp.com

Sent: Monday,June 22, 2020 1127 AM
To: Weprin,James
Subject: Camp Bow Wow Assets
Attachments: 2019-11-11_Letter.pclf
James,
It was nice speaking with you this morning. Attached to the e-mail you will find the November 11t
h letter as discussed.
As I had mentioned, CBW's lobby enjoys trade dress protection. The link to the USPTO site regarding such is:
httplitsdr.u_sotolovi#caseNumbgr=85669359&caseType=SERIAL NO&searchTvoe=statusSearch
The kennels in the back of house are proprietary to CBW and are branded accordingly. These are not kennels that are
available to the general public and CBW's logo is cut into each one. Every kennel is branded with the following CBW
logo:
http://tsdr.usotmovhicaseNumber=4,467 .207&caselearchTvoe=US APPLICATION&caseTvoe=SERIAL NO&searchTvoe
=statusSearch
This is not a comprehensive list of CBW's intellectual property. CBW owns and licenses numerous trademarks for use in
connection with,among other things dog daycare, kennel, walking, and grooming services. Many of CBW's trademarks
can be found on the assets located in your clients building. CBW will not grant a third party consent to use them.
We feel that it would be in everyone's best interest to work together to come to an amicable resolution and to ensure
that the assets remain in the CBW system. I am happy to connect your client with a CBW franchisee who is Interested in
purchasing the assets.
Greg Jolly
Sr. Legal Analyst
Camp Bow Wow
720.259-2926
cam pbowwow.com
From:Gregory Jolly
Sent: Friday,June 19, 2020 12:45 PM
To: Weprin,James crweprin@pselaw.com>
Subject: RE: FW: Re:
Hi James,
I am reaching out to you regarding your clients purchase of the assets of the former Camp Bow Wow'("CBW")franchise
located at 892 State Route 28, Milford, Ohio 45150. As you may or may not be aware,the assets are branded and unique
to the CBW brand. Therefore,they cannot be sold to and used by a third party without CBW's prior written consent. In
addition to such,the lobby enjoys trade dress protection.
•
DocuSign Envelope ID: 19EB51C4-7C6C-4284-A1383-AEFEE48AB464
CAMP BCW WPM.

00001 DWI CARE & BOARDING
trio Certifi
ed Mail.Return Receipt Requested
.and
email to kbalonaoscene75.cpm and mike@ 3cre.com
Ms. Kathy Balon and Mr. Michael Costantini

c/c 4032 Linden Avenue, LLC
460 N.Springboro Pike
West Carrollton, OH 45449
RE: Camp Bow Wow'Lease for 892 State Route 28, Milford, Ohio 45150(the "Property")
Dear Ms. Baton & Mr. Costantini:
This notice is being provided pursuant to Section 12(b) of that certain "Addendum to Lease" by
and among 4032 Linden Avenue, LLC ("Landlord"); .WIC2018, LLC ("Tenant"); and Camp Bow Wow
Franchising, Inc. ("Franchisor") dated August 15, 2018 (the "Lease Addendum"), which amends the
"Lease" agreement dated August 10, 2018 between Landlord and Tenant.
Please be advised that the Franchise Agreement between Franchisor and Tenant was terminated
effective November 7, 2019, after Tenant notified Franchisor that it had decided to close the business
permanently on that date. Franchisor does not intend to exercise its right to assume the Lease under
Section 10(a)of the Lease Addendum or to assign the Lease to a new or different franchisee under Section
10(b) of the same.
Section 10 of the Lease Addendum allows Franchisor 30 days from the effective date of
termination to provide Landlord with notice of Intent to enter and de-identify the Property. Franchisor
does intend to exercise that right, however,timing will depend in large part on the actions of the Tenant's
lender, which has a lien on the assets. I have requested the lender's contact information from Mr. Carter
so I can begin those conversations as soon as possible. However, to date, he has not provided it.
Schedule 1 to the Lease Addendum details the steps that CBW may choose to perform. I would
imagine that the majority of these items will need to be completed after the bank has completed its
appraisal on the assets.
1. Post a sign on the door that the location Is closed and to contact Camp Bow Wow
Franchising, Inc.("CBW"), at Its then-current contact information, with any questions. This is already
completed.
2. Remove logo/hours/contact information from front door.
3. Remove the Camp Bow Wow° logo sign insert from any monument signs, and exterior
signage and return to CBW.Ideally, we'd like to schedule this to be competed at the Franchisor's cost as
soon as possible. Our intent is to have it removed and placed inside until we determine the final
disposition of the assets.
•wra ry-a.,-."1
, 67,14•MM. •.
DocuSign Envelope ID: 19E851C4-7C6C-4284-A083-AEFEE46A13464
CAMP IOW WOK

00661 DAy CARL & ROARING
4. Remove and retain for pick up by CBW any item with the Camp Bow Wow,Home Buddies
or Behavior Buddies logo or with any CBW trademarks or copyrights on them, including Scout, signage,
floor mats, wood logo disc, etc. This will likely have to wait until the bank completes Its appraisal.
5. Remove all tog trim in the Camp (including log trim around front door, desk, data poles,
all log trim on and around lobby and throughout Camp (border of dry erase boards, log shelves, gates,
etc.) This will likely have to wait until the bank completes its appraisal.
6. Remove and hold for CBW to pick up the following equipment/decor/supplies. This will
likely have to wait until the bank completes its appraisal.:
a. CBW-specific equipment and supplies,Including but not limited to lobby art work,
retail log shelving, log cabinets, directional signage, emergency supply mailboxes, dry erase boards,
boarding card holders on cabins, and leash holders in the lobby;
b. Log Fireplace, Furniture and Shelving in Lobby;
c. Log Dog Beds and Mats;
d. Puppy playground equipment;
e. Outside play area shade sails and/or shade structures;
f. Kuranda Cots and Plush Mats;
g. Kong Toys for Campfire Treats;
h. Cleaning Supplies and Dispensing System;
I. Web Camera Server and Software;
j. Doggy Up System Server and Monitors;
k. One Dog One Bone Pools; and,
I. Cabins(for example,if Priefert in Franchisor's proprietary sage green color, Gator,

5 Point Fabrication, or another approved vendor).
7. Repaint the entire lobby in a color approved by CBW and Lessor and distinctively different
from CBW's Sage Green. Typically, the lobby would be painted white.Please advise If the landlord has
a preference on color.
8. Replace Van Gough flooring in lobby.The Franchisor is willing to waive this requirement
if Landlord would find that beneficial.
DocuSign Envelope ID: 19E851C4-7C6C44204-A083-AEFEE46A13464
CAMP WV Mit
DOOGI DAI CARE BOARDING
9. Significantly alter the front desk layout to remove check in/check out areas, gates and
signs, and data poles so that it looks nothing like CBW's unique and federally protected front desks.
Typically so long as the log,the check-in and check-out signs and gates,and the data poles are removed,
the basic U-shaped desk structure can remain.
10, Significantly alter the back warehouse area layout in a manner approved by CBW to
remove the quadrant approach, dividers in pray areas and the layout of kennels. Removal of the cabins
(kennels) and fencing should accomplish this, but that should be done after the bank completes its
appraisal.
I understand thatthis likely raises a significant number of questions.The Franchisor wants to make
this unfortunate process as seamless as we can for all parties, and I look forward to working with you on
this. I'd love to set up a call this week to talk through these items and answer any questions you have.
Please feel free to reach out to me using the contact information provided below. I hope to hear from you
soon.
Best regards,
.%to,rtit Ntrs
Kim Morris
General Counsel
Camp Bow Wow Franchising, Inc.
(720)259-4270
ki mberly.morris@cbwcoro.com
Exhibit M
PRIVILEGED & CONFIDENTIAL
Investigative Report
Marksmen File # 109864
Date: October 28, 2020
Client Subject: CAMP BOW WOW TRADE DRESS

Client Reference: 127971-1
Client: April Besl, Esq.
Dinsmore & Shohl
255 E. 5th Street, Suite 1900
Marksmen Contact: cases@marksmen.com

800-558-8838
Disclaimer
This report was prepared at the request and direction of the above Marksmen client. Client agrees that this
report and its contents are strictly confidential and limited to the client and/or its legal advisors, unless agreed
to in writing by Marksmen, Inc. This report is intended to convey research and shall not be considered legal
advice or legal opinion. The information in this report may be incomplete. Marksmen, Inc. assumes no
responsibility for the accuracy of any particular statement and accepts no liability for any loss or damage that
may arise from reliance on the information contained in this report. This report does not constitute a
guarantee, warranty, or prediction regarding the outcome of any legal matter.
1
Pursuant to your request on October 16, 2020, we conducted an onsite investigation into:
Shear Pawfections - 892 OH-28, Milford, OH 45150 - (513) 697-8100.
Executive Summary
We visited the Shear Pawfections location and found references to wood cabin décor in
the lobby and wood cabin trim in the hallways.
We also visited kennel runs and open play areas and found brown kennel walls with
trees on them. Additionally, we found that the business appears to be selling
merchandise with no immediately apparent references to the CAMP BOW WOW logo.
Support documentation can be downloaded from here.
INVESTIGATION DETAILS
Facility Visit
On Saturday, October 24, 2020 we visited Shear Pawfections at 892 OH-28, Milford, OH 45150:
We confirmed that the business was open:
2
We were granted access to the facility for a tour. We proceeded to document the following
photos of the facility, and, as requested, we attempted to mimic all of the photos that you
provided.
Lobby Area
We took photos of the lobby area and found that the company appears to still be using the
wood cabin décor:
3
4
5
We additionally took photos from behind the lobby counter:
6
Main Hallways
We then took photos of the hallways, where we found wood cabin trim on walls and
information boards:
7
8
Other Rooms in Facility
We note the cabin and camping theme throughout the facility, including in the following
additional rooms:
An auxiliary room:
9
A private kennel area:
Indoor and Outdoor Kennel Runs, Open Play Areas
We visited kennel runs and open play areas and found that the following décor with brown
kennel walls with trees on them :
10
Play area kennels:
11
12
An outside kennel:
Merchandise
We found that the facility appears to be selling merchandise with no visible CAMP BOW WOW
logos or references:
13
14
Additional photos can be downloaded from the link in the Executive Summary.
Conclusion
Pending further advisement from you, we have concluded our investigation of CAMP BOW
WOW TRADE DRESS. If you have further need of our services on this or any other matter, please
contact us.
15

Camp Bow Wow Franchising v. Shear Pawfection - Complaint

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Case: 1:20-cv-00993-MRB Doc #: 1 Filed: 12/10/20 Page: 1 of 30 PAGEID #: 1

UNITED STATES DISTRICT COURT

CAMP BOW WOW FRANCHISING, INC. Case No. 1:20-cv-00993

SHEAR PAWFECTION, LLC

CENTERVILLE SHOPPING CENTER,

(“Centerville Shopping Center”) (collectively referred to as “Defendants”), hereby states

1. Camp Bow Wow® is a Delaware corporation with its principal place of

2. Upon information and belief, Shear Pawfection is an Ohio limited liability

3. Upon information and belief, Linden Avenue is an Ohio limited liability

4. Upon information and belief, Centerville Shopping Center is a Delaware

West Carrollton, Ohio 45449.

JURISDICTION AND VENUE

pursuant to 28 U.S.C. § 1367(a).

7. Furthermore, venue is appropriate in this Court in accordance with 28

dress and patents, occurred within this District.

NATURE OF THE ACTION

FACTS COMMON TO ALL CAUSES OF ACTION

CAMP BOW WOW®

9. Camp Bow Wow® is a well-known provider of dog day care, boarding,

have been served in one of Camp Bow Wow’s locations.

locations throughout the United States.

Exhibit A. This registration is valid, subsisting, and incontestable (hereinafter referred

to as the “CBW Trade Dress Registration”).

be specially made. A representative example of Camp Bow Wow’s proprietary kennel

logo pictured below (the “CBW Cabin Doors”).

attached hereto as Exhibit B.

hereinafter collectively referred to as the “CBW Cabin Doors Design Patents”).

elements were intentionally designed to incorporate Camp Bow Wow’s distinctive

other competitors at a disadvantage, because there are a variety of other non-infringing

kennel cabin doors available on the market.

18. As a result of the extensive sales, advertising, and promotion of services

Camp Bow Wow’s considerable goodwill and favorable reputation.

DEFENDANTS AND THE MILFORD PROPERTY LEASE ADDENDUM

business of commercial real estate, and co-owns the Milford Property.

21. Upon information and belief, Defendant Centerville Shopping Center is

execution of an Addendum (the “Addendum to Prior Lease”), to provide certain rights to

Lease is attached hereto as Exhibit E.

expiration, cancellation or termination of the Prior Lease or Prior Tenant’s franchise

25. In particular, Section 10 of the Addendum to Prior Lease provides that

limited to trademarks, trade dress, patents or copyrighted materials, or any equipment or

materials bearing such intellectual property. See Exhibit E, Section 10.

to irreparable, continuing injury. See Exhibit E, Section 10.

28. Additionally, Schedule 1 of the Addendum to Prior Lease further specifies

cabins. See Exhibit E, Schedule 1.

with Prior Tenant.

attached hereto as Exhibit F.

Wow’s intellectual property, as provided under Schedule 1 of the Addendum to Prior

Lease. See Exhibit E, Schedule 1.

are collectively attached hereto as Exhibit G.

DEFENDANTS’ USE OF CAMP BOW WOW’S GOODWILL

purchase the assets from Prior Tenant’s bank itself.

Pawfection provided substantively the same competitive services at a location in

Maineville, Ohio, 6734 State Route 48, Maineville, Ohio 45039.

competitive services to Camp Bow Wow.

CAMP BOW WOW’S ATTEMPTS TO RESOLVE THE DISPUTE

the changes requested in the letter.

DEFENDANTS’ CONTINUED INFRINGEMENT AND FAILURE TO REMEDY

44. Despite Defendants Linden Avenue and Centerville Shopping Center’s