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Yeti Enterprises Complaint

Yeti Enterprises Complaint

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Published by Kenan Farrell
Yeti Enterprises Complaint
Yeti Enterprises Complaint

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Categories:Types, Business/Law
Published by: Kenan Farrell on Aug 13, 2013
Copyright:Attribution Non-commercial

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05/05/2014

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Exhibit A
Case 3:13-cv-01203-ST Document 1-1 Filed 07/17/13 Page 1 of 40 Page ID#: 4
 
Exhibit APage 1 of 39
1
JUN
1 7
2013
2
3
4
5
IN THE CIRCUIT COURT OF THE STATE OF OREGONFOR THE COUNTY OF MULTNOMAH6 YETI ENTERPRISES IN CORPORA TED,an Oregon corporation,
7
8
Plaintiff,
v.
9
NPK, LLC, f/k/a N.P.K. DISTRIBUTORS,
10
LLC, an Oregon Limited LiabilityCompany, and ORION TANG,
an
1 1 individual,
12
13
14
1516
17
18
Defendants.No.
1306-08611
COMPLAINT(Trademark Infringement and UnfairCompetition; False Advertising; CommonLaw Infringement and Unfair Competition;
Fraud-
Federal Trademark Registration;Common Law Fraud; Breach
of
Contract;Breach
of
the Implied Covenant
of
GoodFaith and Fair Dealing; DeclaratoryJudgment)NOT SUBJECT TO MANDATORYARBITRATION .JURY TRIAL DEMANDEDPrayer amount in excess of$76,873.87Fee Authority: ORS 21.160(l)(c)
19
Plaintiff Yeti Enterprises Incorporated ("Yeti"), for its Complaint against NPK, LLC,20 f/k/a N.P.K. Distributors, LLC ("NPK") and Orion Tang, an individual ("Tang") states
as
21
follows:22
I.
PARTIES,JURISDICTION
AND VENUE
23
1.
24 Yeti is an Oregon corporation that was founded in Portland, Oregon, and
is25
headquartered in Medford, Oregon. Yeti invented, manufactures and sells horticulture26 products known as plant "washes" that are used by consumers
to
prevent pest infestation andPage 1COMPLAINT
74034342.4 0048752·
00001
Case 3:13-cv-01203-ST Document 1-1 Filed 07/17/13 Page 2 of 40 Page ID#: 5
 
Exhibit APage 2 of 39
mold
growth,
and
to clean plants. Yeti sells its products throughout Oregon, the United2 States, Canada, the United Kingdom, and Spain.3
2.
4
NPK
is an Oregon Limited Liability Company headquartered in Medford, Oregon.
5
NPK
is in the business
of
selling and distributing horticulture products, and operates a6 business
known
as "In and Out Gardens Hydroponic Superstore'' in Medford, Oregon.
7
3.
8
Jurisdiction in this Court is proper pursuant
to
ORS
10.030
and ORCP
4
A,
4 C
and
4
9 E,
because the patiies are domestic Oregon business entities and the dispute concerns acts,
10
services, goods,
and
contracts arising and performed within this state.
11
4.
12
Venue
in
Multnomah County is proper pursuant to ORS
14.080
because the
13
Distribution Agreement (the "Agreement") between the parties that is the subject
ofthis
14
dispute was negotiated and executed in Portland, Oregon, and provides:
"In
the event suit or
15
action is necessary
to
enforce the terms
of
this Agreement, jurisdiction shall be exclusively in
16
the State
of
Oregon with venue in Multnomah County." A true copy
of
the Agreement is
17
attached hereto as Exhibit
A.
18
19
A.
20
II.
GENERAL
ALLEGATIONSYeti Used the Trademarks "That Stuff," "Mighty Wash", "Power Wash," "PMWash," the "Power Button," and "Frequency Imprinted
H20."
21
5.22 Yeti invented and manufactures three plant washes using a confidential and
23
proprietary formula and process that includes electronic frequency imprinting. In March
24
2009,
Yeti began selling the washes from its Portland, Oregon, headquarters using the trade
25
name
"That
Stuff."
26
Ill
Page 2
COMPLAINT
74034342.4
0048752"
00001
Case 3:13-cv-01203-ST Document 1-1 Filed 07/17/13 Page 3 of 40 Page ID#: 6

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