Tuesday, November 26, 2019

Experimental Aircraft Association Inc v. Sosnoski

Last Updated: November 27, 2019, 6:08 p.m. CST
Assigned To: William C. Griesbach
Date Filed: November 22, 2019
Date of Last Known Filing: November 25, 2019

Experimental Aircraft Association Inc v. Sosnoski
Exhibit 21 — Document #1
District Court, E.D. Wisconsin
Docket Number: 1:19-cv-01721

Photo:  https://www.courtlistener.com/21

Experimental Aircraft Association Inc v. Sosnoski
Exhibit 1 — Document #1
District Court, E.D. Wisconsin
Docket Number: 1:19-cv-01721
Date Filed: November 22nd, 2019

Photos:  https://www.courtlistener.com/photos

Experimental Aircraft Association Inc v. Sosnoski
Complaint
District Court, E.D. Wisconsin
Docket Number: 1:19-cv-01721
Date Filed: November 22nd, 2019

Document #1:  https://www.courtlistener.com/1

Experimental Aircraft Association Inc v. Sosnoski
Request for Issuance of Summons
District Court, E.D. Wisconsin
Docket Number: 1:19-cv-01721
Date Filed: November 22nd, 2019

Document #2: https://www.courtlistener.com/2


Experimental Aircraft Association Inc v. Sosnoski
Patent/Trademark Report to Commissioner
District Court, E.D. Wisconsin
Docket Number: 1:19-cv-01721
Date Filed: November 25th, 2019

Document #3: https://www.courtlistener.com/3


Plaintiff: Experimental Aircraft Association Inc
Represented By: Adam L. Brookman of Boyle Fredrickson S.C.
https://www.boylefred.com

Defendants: Carl Sosnoski, Dean Sosnoski, Steven Sosnoski

Boyle Fredrickson
Billie Jean Smith joins Experimental Aircraft Association advisory board
August 26, 2019

MILWAUKEE – Boyle Fredrickson intellectual property attorney Billie Jean Smith has joined the Advisory Board of the EAA Aviation Foundation’s Women Soar Society. The Women Soar Society was formed by the EAA Aviation foundation in 2019 and announced during AirVenture Oshkosh 2019. With a mission of supporting opportunities in aviation to reach women of all ages, the Women Soar Society focuses on celebrating women and fostering success in the next generation of aviators.

Billie Jean Smith is well-known in the Milwaukee community for her philanthropic efforts and involvement with local organizations. With more than 25 years of experience as an intellectual property attorney, she collaborates with clients and the IP community to the best possible outcomes.

Original article  ➤ https://www.boylefred.com

November 25, 2019
#3 Patent/Trademark Report to Commissioner of Patents at 1:31 PM
Report to the Commissioner of Patents and Trademarks.

November 25, 2019
Summons Issued at 11:18 AM

Summons Issued as to Carl Sosnoski, Dean Sosnoski, Steven Sosnoski. 

November 25, 2019
Case Opening Modification at 11:44 AM

Case Opening Modification(s); The following modification(s) have been made to your case entry: The county code has been modified - please remember to choose the county for the first named plaintiff. One or more party names have been modified.

November 25, 2019
Notice of Electronic Filing Error at 11:46 AM

NOTICE of Electronic Filing Error re1 Complaint, filed by Experimental Aircraft Association Inc; Attachments to documents should be clearly described. This document does not need to be re-filed. Please refer to the Judge Griesbach Instructions for Litigants found at www.wied.uscourts.gov.

November 22, 2019
#2 Request for Issuance of Summons at 4:03 PM

REQUEST for Issuance of Summons by Experimental Aircraft Association, Inc (Brookman, Adam)

#1 Complaint at 3:51 PM
COMPLAINT with Jury Demand; against Experimental Aircraft Association, Inc by Experimental Aircraft Association, Inc. 

Filing Fee PAID $400 receipt number AWIEDC-3287196. Brookman, Adam

November 22, 2019
Notice of Judge Assignment at 4:10 PM

NOTICE Regarding assignment of this matter to Judge William C Griesbach.

In the United States District Court for the Eastern District of Wisconsin Green Bay Division 

Case Filed: November 22, 2019
Judge: William C Griesbach
Case #: 1:19-cv-01721
Nature of Suit: 840 Property Rights - Trademark
Cause: 15:44 Trademark Infringement

EXPERIMENTAL AIRCRAFT ASSOCIATION, INC., Plaintiff, v. CARL SOSNOSKI,  DEAN SOSNOSKI, STEVEN SOSNOSKI d/b/a SOS BROS

Jury Trial Demanded

https://www.pacermonitor.com

https://fox11digital.com/pdf

OSHKOSH (WLUK) -- EAA is suing three Fox Valley brothers who run a beer tent during AirVenture in Oshkosh.

The company claims Carl, Dean and Steve Sosnoski are profiting from EAA's brand, logos and other trademarks.

A lawsuit alleges the brothers run an event called "Beer Venture" just off the AirVenture grounds. EAA says that name, and merchandise being sold imply the beer tent is affiliated with AirVenture.

The lawsuit accuses the brothers of hurting AirVenture's reputation and its profits.

Original article can be found here ➤ https://fox11online.com

OSHKOSH - The Experimental Aircraft Association is suing the owners of a beer tent outside the EAA AirVenture grounds, claiming they're violating trademark laws.

The Oshkosh-based aviation association has filed a lawsuit against brothers Carl, Dean and Steven Sosnoski over what it calls federal and common law trademark infringement, unfair competition and trademark dilution, as well as trademark counterfeiting.

The filing serves as the continuation of what EAA spokesman Dick Knapinski called "rather amicable" talks with the Sosnoskis' company, SOS Bros, during the past few months about the brothers' use of EAA trademarks, including logos and names.

"This is a legal step to make sure (the discussion) stays on track, so it doesn't drop through the cracks," Knapinski said Tuesday. "We fully expect to have a settlement."

Carl Sosnoski declined a request Tuesday from an Oshkosh Northwestern reporter for an interview.

According to the lawsuit, filed Friday in federal court, SOS Bros held a "Beer Venture" event the past few years at its temporary tavern and restaurant on Waukau Avenue, just outside the grounds of the annual fly-in convention at Wittman Regional Airport.

"The 'Beer Venture' event heavily promotes consumption of alcoholic beverages and utilizes female servers wearing bikini swimsuits," according to the lawsuit. "Both activities conflict with the family friendly image and nature of EAA and its AirVenture event."

The association's attorneys sent the brothers a cease and desist letter priory to AirVenture 2019, demanding the brothers stop using EAA trademarks, the name "Beer Venture" and any other names that customers might confuse with EAA, according to the lawsuit.

Despite this, the brothers continued to use the trademarks and names, which the association considers "deliberate attempts to trade on EAA's valuable goodwill and reputation in the industry, and to compete unfairly," according to the lawsuit.

"The Sosnoskis have ... had actual knowledge of their trademark infringement, counterfeiting, dilution and unfair competition," the lawsuit states. "Sonsoskis' actions ... have resulted in irreparable harm to EAA's reputation and goodwill and damage to customers."

It's not the first time the Sosnoski brothers and the association have been involved in a lawsuit over the Sosnoski's business venture outside the convention grounds.

In 1996, Winnebago County took 1.2 acres of land from the brothers through an eminent domain land acquisition. The move was part of the federally sanctioned Airport Improvement Program to increase the space between EAA crowds and air show flights.

The brothers sued after the county later turned the land over to EAA, which began using it for its own concessions. The county and state paid a combined $800,000 to settle the lawsuit.

Knapinski said the association, like any other business, wants to protect its logos and other trademarks from improper use that could confuse people by implying a business relationship. He compared SOS Bros to businesses that surround Lambeau Field but legally cannot use Packers trademarks in their marketing or advertising.

"We all want to be good neighbors," Knapinski said.

Original article ➤ https://www.thenorthwestern.com

25 comments:

Gerry said...

Being a EAA member I feel that they are off EAA grounds, come on EAA get over it!!!
Free enterprise right?

Anonymous said...

EAA sees a dime that they didn't get.

DaveD said...

Your membership dues at work.

MarcPilot said...

Just because the name has "ventures" in it? Seriously?

Anonymous said...

Uhm, no. The EAA is trademarked. Further, the EAA you are a member of, and I assume you are paying dues to, has those dues for event expenses like this from merchandise products to concessions that they pay for. That said, these guys are probably still ticked that Eminent Domain took their property even though they won the $800K 1996 lawsuit against the county and state (about $1.3 million in today's money).

Good for the EAA. These guys don't deserve any more leniency than those who counterfeit and bootleg official IOC Olympic souvenirs in the host cities. Or anything else for that matter. Doing nothing here just gives the green light for others to do something similar like sell fake Packers memorabilia outside of Lambert Stadium with no repercussion.

So it's not just about this local Winnebago case. It's about the bigger picture of trademark enforcement on a regional and national scale.

Anonymous said...

I don’t care what you say. The EAA is out for itself and the “family controlling it” has become wealthy off of it. I would never volunteer to work for them when you consider the amount made off the adventure at a great cost to taxpayers, dues payers, and volunteers, and the few who benefit the most. Try to get the complete financials on this tax exempt organization. Nearly impossible to know what is really going on with all of the money. How would you like to have been there before they showed up and have them overrun your property? I know, since it does directly affect you, they a great guys!

Unknown said...

well if the bikinis and beer go against EAA's morals, they should dump the beer tent inside and get rid of the sexy angle girls in one of the display buildings...…..

im in the get over it Eaa crowd...…..

Anonymous said...

Yep. EAA for all the good they do us way off base on this one.
They used the govt to steal 1.2 acres from these guys and got caught.
Now they can't stand it that these guys are making money ( and probably having fun).
EAA is being a bully and it makes me ashamed that my dues are being used to fund their bullying.
Go back to promoting aviation and mind your own business as to what these guys are doing on their own property.
I think I can tell that "Beer venture" is not the same as Airventure.
Don't be ridiculous.

Jeff B said...

It is called Airventure because the EAA could not trade mark (or make money off) "Oshkosh" As I still call it. The bullying and bullshit Tom Poberezny put residents around the airport is disgraceful. I have never been to that beer tent, but I will stop by next year.

I miss the good old days when the flight line was restricted to members and pilots, protecting the planes from the general public who do not realize the cost and work that goes into an aircraft.

Anonymous said...

Have attended Air Adventure for years. It’s obvious how tightly controlled the place is. The food is awful because of this. Like most sporting events, etc. It’s their show and they can do what they want. I just make sure they only soak me for the minimum due to their method of operation. I did stop by Beer Adventure to rest after walking long walk back to my paid parking spot and enjoyed it. I will go back to support it more after reading this.

Unknown said...

If you are an EAA member, enjoy going to Oshkosh and want something to do after the show closes like SOS Brothers, I suggest you call the EAA board of directors and express your opinion. I believe EAA in the local government play pretty heavy-handedly with the neighbors. There's plenty to go around. Stop being greedy, EAA.

Jim said...

That's the best comment "Unknown". If we don't like what OUR association is doing, we write the board and tell them to back off. EAA (& AOPA) have become large corporations that are in it for the money. Yes, they support GA but the leaders will all tell you it takes $$ to do that. I'm in the "get over it" camp.

Anonymous said...

I think talking to or writing the “board” is a waist of time. These boards a manicured by the “company”(like the movie) to get the end results desired. Which is to enrich the insiders and their legal counsel, while enjoying and taking advantage of tax exempt status, well meaning volunteers, due payers, and tax deductible donations. I became a life member years ago. When I keep hearing about this type of nonsense and bullying, I regret giving that money to EAA. Maybe a big change in the tax laws is the answer.

Anonymous said...

I think the only way to get the EAA’s attention is by this type of feedback on a forum they cannot control. I know I will be thinking about ceasing donations when I read about legal bullying like this.

Anonymous said...

There is a growing trend here,once organisations get too large they loose those genuine originators,instead greed sets in as little men who huff and puff and begin to see the inroads to make even more money at the expense of others who hold more loyal intentions,this kind of behaviour in bullying people who provide services just outside of the airport is simply not acceptable,if peoople want such facilities then why not provide them without resorting to petty law suits at the expense of members,America really has become the haven of lawyers and ambulance chasers causing this kind of misery a festering greed that pushes less wealthy people away.
I think the EAA will regret this stupidity which is destroying goodwill amongst its members,keep to the business of providing what is on the tin instead of involvement in something that has nothing to do with them,long may the roadside pull in prosper this advertising is priceless.

Anonymous said...

I personally love the SOS tent, it's a riot and after EAA closes there's not much to do for us campers. I'm sure EAA, however, hates it...they want to control and profit from all aspects of the show. I hope they stop going full bully on the SOS guys, there's enough $$$ to go around, and the EAA grounds are really boring after the show...especially when they search your bags on re-entry and confiscate any booze they find, like we are underage teenagers or something...

Judging from the activity at SOS the last few years, they should have some bux behind them to push bucket EAA and hopefully all is solved for next year

Anonymous said...

I have been concerned for a few years that EAA might acquire the SSA and suck the life out of the soaring organization ... along with every dime they can get of course.

Dr Manarii Tane said...

Dear EAA,
Please stay in your lane and drop this suit. It is not worth it and not part of our EAA charter. Please ignore them and stick with aviation activities for the benefit of all of us members.
Thank you.

Jim B said...


Everyone is fighting over everything.

Screw it.

I might show up next year to look at the girls and have a beer.

Now that is a pleasant thought.

Anonymous said...

All I can say is what happened to our freedoms in this country? Each episode such as EAA is pulling now is not the first or the last to be seen. It is time to put a stop to this as it is eroding our country more towards Communism every day!! Shame on you EAA. I hope this lawsuit makes more people aware and let's party with them at SOS Venture next year.

Anonymous said...

Nothing better than reading and viewing the Kathryn's Report while on autopilot. - Dr. Steven, New Jersey

Anonymous said...

The suit "keeps the conversation on track?" The same way thugs hired by loan sharks "keep repayments on track?" I hope this goes to court. I think parody like is great fun and should be protected speech. AirVenture week is a horrendous inconvenience for local residents. That's why so many leave town and Air B&B their homes. If SOS has found an upside, more power to the brothers. I am an EAA member, and also resent my dues supporting this tactic. Nobody thinks Beer Venture is affiliated. C'mon.

Anonymous said...

This has been going on for years! Your membership dollars used for harassment of a small business catering to experimental pilots and their families. Think about that.

Anonymous said...

I don't see how EAA can win this one, and even if they win in court they will lose the public case. Social media is already buzzing with this and the support if overwhelmingly for SOS.

Since SOS is using the word beer and venture with a space between the two I don't see how anyone could find that to be a infringement on Airventure which is all one word. If that was the case think of the endless lawsuits that could be won?

EAA Needs to back off this ASAP. I've already sent several emails to EAA management requesting a response and if they don't respond or drop this I'll send my EAA dues which is due in Jan to the SOS legal defense fund.

EAA Has turned into the money grabbing giant... but even giants can fall...

MAD Pilot said...

There is not doubt - in my mind anyway - that SOS is intentionally cashing in on the "AirVenture" brand. Not that there is anything wrong with that. Free enterprise, and all. That  being said, I also think EAA is being a bit of a bully here. I don't think there are many, if any, people who think Beer Venture is officially part of EAA. In fact, everyone I've ever talked too is fully aware of the long standing animosity between the two. I've only been to SOS a couple times. It's really not my thing. Too crowded, too noisy. However, I may just go every night next year.