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InsightsNow, Inc. v. SuperPsyched, LLC

InsightsNow, Inc. v. SuperPsyched, 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 Apr 06, 2013
Copyright:Attribution Non-commercial

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07/10/2013

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COMPLAINT
-1-
 
Hillary A. Brooks
, Oregon State Bar No. 012138hillary.brooks@techlaw.com
Delfina S. Homen
, Oregon State Bar No. 104088delfina.homen@techlaw.comMARGER JOHNSON & McCOLLOM, P.C.210 SW Morrison Street, Ste. 400Portland, Oregon 97204Phone: (503) 222-3613Fax: (503) 274-4622
Attorneys for Plaintiff InsightsNow, Inc.UNITED STATES DISTRICT COURTDISTRICT OF OREGONEUGENE DIVISION
 
INSIGHTSNOW, INC.
, an Oregon corporation,Plaintiff,v.
SUPERPSYCHED, LLC
, a Colorado limitedliability company,Defendant.
Case No. 6:13-cv-573
 
COMPLAINT FOR FEDERAL TRADEMARK INFRINGEMENT,FALSE DESIGNATION OFORIGIN, AND UNFAIRCOMPETITIONDEMAND FOR JURY TRIAL
Plaintiff INSIGHTSNOW, INC. (“InsightsNow” and “Plaintiff”) alleges as followsagainst Defendant SUPERPSYCHED, LLC (“SuperPsyched” and “Defendant”), on personalknowledge as to Plaintiffs own activities and on information and belief as to the activities of others, as follows:
Case 6:13-cv-00573-TC Document 1 Filed 04/03/13 Page 1 of 14 Page ID#: 1
 
COMPLAINT
-2-
 
NATURE OF THE CASE
 1.
 
 This is an action for trademark infringement, false designation of origin, andunfair competition under the Lanham Act (codified at 15 U.S.C. § 1051,
et seq.
), and unfairbusiness practices and unfair and deceptive trade practices under the Oregon Uniform TradePractices Act, ORS § 646.608.
 JURISDICTION AND VENUE
2.
 
 This Court has subject matter jurisdiction pursuant to 15 U.S.C. § 1121 and 28U.S.C. §§ 1331 and 1338(a) in that the case involves a federal question arising under thetrademark laws of the United States.3.
 
 This Court has supplemental jurisdiction over Plaintiff’s state law claims pursuantto the provisions of 28 U.S.C. § 1331(b) insofar as the claims are joined with a substantial andrelated federal claim arising under the trademark laws of the United States.
See
15 U.S.C. §1051
et seq.
 4.
 
 This Court has personal jurisdiction over Defendant at least because Defendanthas substantial contacts in the State of Oregon related to the claims in this action, and/or isengaged in and/or has purposefully directed the wrongful acts alleged herein in the State of Oregon.5.
 
Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b)(2).
PARTIES
6.
 
Plaintiff InsightsNow, Inc. is an Oregon corporation with its principal businessaddress at 1600 SW Western Blvd., Ste. 150, Corvallis, Oregon 97333.7.
 
Defendant SuperPsyched, LLC is a Colorado limited liability company with itsprincipal business address at 2268 Indian Peaks Circle, Longmont, Colorado 80504.
Case 6:13-cv-00573-TC Document 1 Filed 04/03/13 Page 2 of 14 Page ID#: 2
 
COMPLAINT
-3-
 
STATEMENT OF FACTS COMMON TO ALL COUNTSInsightsNow’s BEHAVIORLENS Mark
 8.
 
InsightsNow provides goods and services relating to consumer research andconsulting.9.
 
InsightsNow owns U.S. Reg. No. 4,203,586 (“the 586 Registration”) for theBEHAVIORLENS mark for services relating to consumer research and consulting, “businessservices, namely, consumer research and consulting related thereto; computerized marketresearch services; market analysis and research; consumer marketing research and consultingrelated thereto; marketing research services; consumer strategy business consulting in the fieldsof marketing, sales, operation, and product design particularly specializing in the use of analyticmodels for the understanding and predicting of consumer, business, and retail market trends andactions; brand concept and brand development services for corporate and individual clients;development of marketing strategies and concepts.” The 586 Registration was filed September12, 2011, as U.S. Trademark Application Serial No. 85/420,486, and registered September 4,2012.10.
 
InsightsNow has used the BEHAVIORLENS mark in the United States incommerce in connection with the advertising, promotion, and sale of its goods and services,including the services identified in the 586 Registration, continuously since at least August 26,2011.11.
 
InsightsNow uses the BEHAVIORLENS mark in connection with the advertising,promotion, and sale of its goods and services, including the services identified in the ‘586Registration, in various trade channels, including but not limited to the Internet.12.
 
InsightsNow owns the domain www.behaviorlens.com, through which
Case 6:13-cv-00573-TC Document 1 Filed 04/03/13 Page 3 of 14 Page ID#: 3

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