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Crave Bake Shop, LLC v. Crave, LLC

Crave Bake Shop, LLC v. Crave, LLC

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Published by Kenan Farrell
Oregon District Court trademark complaint
Oregon District Court trademark complaint

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Categories:Types, Business/Law
Published by: Kenan Farrell on Mar 12, 2013
Copyright:Attribution Non-commercial

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07/10/2013

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Elizabeth Tedesco Milesnick,
OSB No. 050933elizabeth.milesnick@millemash.com ·MILLER
NASH
LLP
3400 U.S. Bancorp Tower
Ill
S.W. Fifth AvenuePortland, Oregon97204Telephone: (503) 224-5858Facsimile: (503) 224-0155Attorneys for DefendantUNITED STATES DISTRICT COURTDISTRICT OF
OREGON
PORTLAND DIVISION
CRAVE BAKE
SHOP, LLC,
CVNo.
______
Plaintiff,
v.
COMPLAINT
FOR
DECLARATORYJUDGMENT OF NON-INFRINGEMENT OF
TRADEMARK
RIGHTS
CRAVE,LLC,
Defendant.Crave Bake Shop, LLC ("Bake Shop") states and pleads as follows:
.
NATURE OF ACTION
1.
This is an action for declaration
of
rights under the Lanham Act,
15
U.S.C.
§
1051 et seq. Bake Shop seeks a declaration from this Court that the use
of
Bake Shop'sPage 1 -Complaint for Declaratory Judgment
PDXDOCS:1994381.4
MILLER NASH
LLP
ATTORNEYS AT LAW
TELEPHONE: (503) 224-5858
3400 U.S. BAN
CORP TOWER
Ill
S.W. FIFTH AVENUEPORTLAND, OREGON
97204
Case 3:13-cv-00392-BR Document 1 Filed 03/07/13 Page 1 of 8 Page ID#: 1
 
federally registered trademark CRAVE BAKE SHOP for pastry and dessert shops does notinfringe, dilute, or otherwise violate the rights
of
defendant Crave, LLC ("CLLC'').Alternatively, Bake Shop asks for a declaration that CLLC is estopped from asserting trademarkinfringement and
related~
claims against Bake Shop.
PARTIES
2. Bake Shop is an Oregon limited liability company with its principal place
of
business at 460 Fifth Street, Lake Oswego;Oregon 97034.
3.
CLLC is a California limited liability company with its principal place
of
business at 368 Richland Avenue, San Francisco, California 94110.
JURISDICTION AND VENUE
4.
This Court has jurisdiction
of
this civil action under the DeclaratoryJudgments Act,
28
U.S.C.
§§
2201 and 2201, and theLanham Act,
15
U.S.C. § 1125(a)
and,
(c).
5.
Venue is proper in this Court under 28 U.S.C. § 1391 because CLLC sellsgoods in this district, and has contacted and sent the correspondence that created the presentdispute
to
Bake Shop in this district, with a substantial part
of
the events or omissions giving riseto the claim to be adjudicated in this action occurring in this district.
CLAIM FOR RELIEF(Declaratory Judgment
of
Non-Infringement)
6.
Since 2009, Bake Shop has been baking and selling gluten-free artisan-crafted cakes, cupcakes, cookies, cinnamon rolls, and other pastries using the trademark CRAVEBAKE SHOP. Bake Shop has enjoyed substantial success
and
acclaim, appearing on the FoodNetwork's national television show
"Cupcake Wars"
in 2010, 2011, and 2012, winning thePage 2
-.
Complaint for Declaratory Judgment
PDXDOCS:1994381.4
MILLER NASH
LLP
ATTORNEYS AT LAWTELEPHONE: (503)
224-58583400
U.S. BANCORP TOWER
Ill
S.W. FIFTH AVENUEPORTLAND, OREGON 97204
Case 3:13-cv-00392-BR Document 1 Filed 03/07/13 Page 2 of 8 Page ID#: 2
 
competitions in December 2011 and May 2012, and named runner-up in the "CupcakeChampions" final in June 2012.
7.
On March 3, 2011, Bake Shop filed an application with the United StatesPatent and Trademark Office ("PTO") to register the CRAVE BAKE SHOP trademark for pastryand dessert shops.
8.
On May 31, 2011, Bake Shop received a letter from CLLC stating thatBake Shop's use
of
the CRAVE BAKE SHOP trademark "has caused and will continue to causeconfusion in the market and as such constitutes willful trademark infringement, dilution
of
theCrave tradename, and false designation
of
origin." CLLC cited its CRAVE A SAN
J
FRANCISCO BAKERY design mark with Registration No. 3034995, pictured below:
9.
CLLC demanded that Bake Shop confirm in writing within
10
days that itwould cease and desist its use
of
the CRAVE BAKE SHOP name, and stated, "Should CraveBake Shop fail
to so
confirm, [CLLC] may file a lawsuit in the United States District Court inthe Northern District
of
California for Crave Bake Shop's willful violation
of
the Lanham Actand relevant state unfair competition law whereby Crave will seek all legal damages to which itis entitled, including, but not limited [sic] statutory damages for each violation, lost profits, trebledamages, punitive damages, injunctive relief along with its attorneys' fees and costs incurred inbringing such an action."Page
3-
Complaint for Declaratory Judgment
PDXDOCS:1994381.4
MILLER
NASH
LLP
ATTORNEYS AT LAW
TELEPHONE: (503) 224-58583400
U.S. BANCORP TOWER
Ill
S.
W.
FIFTH AVENUEPORTLAND, OREGON 97204
Case 3:13-cv-00392-BR Document 1 Filed 03/07/13 Page 3 of 8 Page ID#: 3

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