Lucky 415 sues its former marketing officer and XPMKG over the Lucky XP name and allegedly diverted customers

The complaint

Lucky 415, LLC v. Casie Wagoner and XPMKG, LLC, No. 1:26-cv-01315 (M.D.N.C.), is an 18-page complaint filed November 5, 2026, with a jury demand in the prayer. Lucky 415 is a North Carolina limited liability company that, according to the complaint, did business under the trade names Lucky XP and Lucky XP Marketing and Promotions. The defendants are Casie Wagoner, an individual the complaint says resides in Indiana, and XPMKG, LLC, an Indiana limited liability company formed December 19, 2025, which the complaint alleges, on information and belief, she owns and operates. The complaint pleads diversity jurisdiction and federal-question jurisdiction under the Lanham Act.

What Lucky 415 alleges

The complaint alleges that Wagoner was Lucky 415's Chief Marketing Officer and signed customer contracts in that role, and that while in that position she formed XPMKG and operated it in competition. It alleges that, beginning no later than May 2026, she told the company's two members that the business was being wound down and that the relationship with a key customer was ending, that she said she was closing company accounts and cancelling services, and that in August 2026 she refused to prepare an outstanding invoice for that customer. It alleges, on information and belief, that those representations were false when made and that she was pursuing the same business through another entity under the Lucky XP name, and it alleges that she continued serving the same customers through XPMKG.

On the trade name, the complaint alleges that the defendants kept a website at luckymkg.com branded LUCKY XP MARKETING & PROMOTIONS, with page titles such as "Marketing Materials in Lafayette, IN | Lucky XP," a "LUCKY XP MARKETING | 2024" footer, a contact email on Lucky 415's lucky415.com domain, and North Carolina addresses, one of them the home of a Lucky 415 member, as recently as October 2026. It alleges, on information and belief, that revenue from projects for at least two customers was diverted to XPMKG, that Lucky 415 bore about $71,000 in costs on projects whose revenue the defendants kept, and that one customer is withholding more than $450,000 at Wagoner's direction.

The claims

The Sixth Cause of Action, against both defendants, is titled Lanham Act trademark infringement, false advertising, and unfair competition. It alleges that Lucky XP and Lucky XP Marketing and Promotions were trade names Lucky 415 used in commerce and that the defendants' use of the name, branding, website, and goodwill caused confusion about affiliation, sponsorship, ownership, or source. The other counts allege breach of fiduciary duty and fraud against Wagoner, and tortious interference with prospective economic advantage, tortious interference with contract, and unfair and deceptive trade practices under N.C. Gen. Stat. § 75-1.1 against both defendants.

Relief

Lucky 415 asks for compensatory damages, disgorgement of profits from the diverted business, a constructive trust, treble damages under Chapter 75, punitive damages, preliminary and permanent injunctions against further use of its trade names, branding, website, goodwill, and confidential information, an accounting, and costs, interest, and attorneys' fees.

Docket

The docket shows the case assigned on November 6, 2026 to Chief District Judge David A. Bragdon and Magistrate Judge Joi Elizabeth Peake, summonses issued to both defendants, a notice of right to consent, and a referral to mediation under Local Rule 83.9b.