What was filed
Elder High School v. James Doogan and Joseph Doogan, No. 1:26-cv-01103 (S.D. Ohio, Western Division), was filed October 28, 2026 (19 pages). Elder says it is a Catholic high school in Cincinnati, Ohio, organized as an Ohio unincorporated nonprofit association. It alleges, on information and belief, that James Doogan and Joseph Doogan are individuals residing in the Cincinnati area. (Compl. caption; paras. 2 to 4.)
The marks and trade dress
Elder alleges common law rights in The Pit, the name of its football stadium, for athletic events, spirit wear, and related goods and services; federal registrations for ELDER PANTHERS, Registration Nos. 2,902,927 and 4,991,284, covering Class 041 educational and high school athletic entertainment services and Classes 018 and 025 bags and apparel; and trade dress in its purple and white school colors, the Panthers mascot and a stylized panther logo, and imagery of The Pit. USPTO Trademark Status and Document Retrieval records list both ELDER PANTHERS registrations as live and renewed, owner Elder High School. (Compl. paras. 12 to 29.)
What the complaint alleges
The complaint says it pleads on personal knowledge as to Elder's own actions and on information and belief as to those of others, so its allegations about the defendants' conduct are made on information and belief. Elder alleges that in spring 2026 James Doogan proposed "Pit Happens" merchandise; that Elder declined a partnership on June 8 and June 17, 2026, in part because the phrase could be read as a play on a vulgar expression and for trademark-consistency reasons; and that defendants nonetheless ordered at least 96 shirts and sold and distributed them, with a design that uses Pit and panther branding, the Price Hill neighborhood name, and the stadium's coordinates. It alleges, on information and belief, that James Doogan sold the shirts in the school parking lot before a football scrimmage in August 2026 and suggested that Elder approved or that proceeds would go to the school. It alleges that James Doogan filed intent-to-use application Serial No. 99,841,398 for PIT HAPPENS. (Compl. paras. 30 to 45.)
The counts and relief
Count I alleges federal registered trademark infringement under 15 U.S.C. 1114. Count II alleges federal trade dress infringement under 15 U.S.C. 1125. Count III alleges federal unfair competition and false designation of origin under 15 U.S.C. 1125. Count IV alleges an Ohio Deceptive Trade Practices Act violation under Ohio R.C. 4165.02. Count V alleges Ohio common law unfair competition. Count VI seeks injunctive relief. The prayer seeks injunctive relief, destruction or surrender of infringing materials, abandonment of the PIT HAPPENS application, profits and enhanced damages under 15 U.S.C. 1117(a), and an exceptional-case fee award, and the complaint demands a jury. (Compl. Counts I to VI; Prayer.)