Page 2 premier, custom homes in the Deschutes County, Oregon area. Pacwest Homes was registeredwith the Oregon Corporation Division on January 8, 2001.2.
Defendant Pacwest II, L.L.C., doing business as “Group Pacwest Homes,” is anOregon limited liability company that constructs and sells entry level homes in the DeschutesCounty, Oregon, area. Group Pacwest Homes was registered with the Oregon CorporationDivision on March 8, 2012.
This Court has original jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1332(a) because Plaintiff’s cause of action necessarily depends on resolution of a substantial question of federal law.4.
Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b)(2) because asubstantial part of the events giving rise to the claim occurred in Deschutes County, Oregon.
Since January 2001, Pacwest Homes has identified its business with consumersthrough signage and other labels using the words “Pacwest Homes” (the “Mark”).6.
The Mark is a trademark as defined by 15 U.S.C. § 1127 and ORS 647.005, is notgeneric or merely descriptive, and has acquired secondary meaning.7.
Since January 2001, Plaintiff has used the Mark to identify its projects and work in commerce throughout the Deschutes County, Oregon, area. During that time, there has beenno other contractor or construction company in the residential construction field in the DeschutesCounty area that has used the Mark or any words similar to the Mark to identify itself, its projects or services.
Case 6:13-cv-00300-AA Document 1 Filed 02/20/13 Page 2 of 7 Page ID#: 2