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Seaberg Company Complaint

Seaberg Company Complaint

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Published by Kenan Farrell
Seaberg Company Complaint
Seaberg Company 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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09/03/2013

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 PAGE 1
 – 
COMPLAINT FOR TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION
Donald B. Haslett, OSB No. 772158
Susan D. Pitchford, OSB No. 980911
CHERNOFF VILHAUER LLP
601 SW Second Avenue, Suite 1600Portland, OR 97204Telephone: (503) 227-5631Facsimile: (503) 228-4373
 Attorneys for Plaintiff 
UNITED STATES DISTRICT COURTDISTRICT OF OREGONPORTLAND DIVISION
THE SEABERG COMPANY, INC
.,doing business as
SAM MEDICALPRODUCTS
, an Oregon corporation,Plaintiff,v.
DYNAREX CORPORATION
, a NewYork corporation; and
SOS SURVIVALPRODUCTS INC.
, a Californiacorporation,Defendants.Civil Case No.
COMPLAINT FOR TRADEMARK TRADEMARK INFRINGEMENTAND UNFAIR COMPETITIONDEMAND FOR JURY TRIAL
Plaintiff THE SEABERG COMPANY, INC., doing business as SAM MEDICAL
PRODUCTS (“Plaintiff”), for 
its
Complaint against DYNAREX CORPORATION (“Dynarex”)and SOS SURVIVAL PRODUCTS INC. (“SOS”), jointly (“Defendants”), states and alleges
upon information and belief as follows:
Case 3:13-cv-01244-MO Document 1 Filed 07/22/13 Page 1 of 10 Page ID#: 1
 
 PAGE 2
 – 
COMPLAINT FOR TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION
NATURE OF THIS ACTION
 1. This is an action for trademark infringement and unfair competition under thelaws of the United States (The Lanham Act, codified at 15 U.S.C. § 1051, et seq.), and thecommon law of trademarks.
PARTIES
 2. Plaintiff is a corporation organized under the laws of Oregon having its principal place of business at 27350 S.W. 95th Avenue, Suite 3038, Wilsonville, OR 97070 and isengaged in the business of manufacturing and selling medical products.3. Dynarex is a New York corporation, having its principal place of business at 10Glenshaw Street, Orangeburg, New York 10962.4 SOS is a California corporation, having its principal place of business at 15705Strathern #11, Van Nuys, California 91406.
JURISDICTION AND VENUE
 5. This Court has subject matter jurisdiction pursuant to 15 U.S.C. § 1121 and28 U.S.C. §§ 1331 and 1338(a).6. This Court has personal jurisdiction over Defendants at least because Defendantshave substantial contacts in the State of Oregon related to the claims in this action andDefendants engaged in the wrongful acts alleged herein in the State of Oregon.7. Venue in this judicial district is proper under 28 U.S.C. § 1391(b) and (c).
STATEMENT OF FACTS COMMON TO ALL CLAIMS
 8. Plaintiff has been in the business of manufacturing and selling innovative medical products for over 25 years.
Case 3:13-cv-01244-MO Document 1 Filed 07/22/13 Page 2 of 10 Page ID#: 2
 
 PAGE 3
 – 
COMPLAINT FOR TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION9. Plaintiff manufactures and sells a line of orthopedic splints having distinctive
orange and blue sides, which are referred to herein as the “SAM Splint” line.
10. Plaintiff owns United States Trademark Registration No. 3,720,814 (the
“Registration”).
A copy of the Registration Certificate is attached hereto as Exhibit A.11. Plaintiff first used the trademark denoted in the Registration in commerce inconnection with the goods identified in the Registration at least as early as December 31, 1985.12. The trademark consists of:the colors orange and blue as applied to the goods. The color blueis applied as the color of the material on the entire surface of oneof the opposite sides of the goods, and the color orange is appliedas the color of the material on the entire surface of the other side of the goods. The colors are thus separately visible on the oppositesides and both colors are visible along the edges of the goods.13. This trademark is Registered for use on orthopedic splints.14. Plaintiff learned that Dynarex is importing into and selling in the United States a
line of splints having a blue side and an orange side, which line is identified as the “ActiSplint”
line of splints. Photos of two examples of the ActiSplint splint are attached hereto as Exhibit B.15. Dynarex offers the ActiSplint line of splints throughout the United States,including in Oregon. Dynarex also advertises the ActiSplint line of splints through its website,
“http://dynarexassets.com/”. A page from Dynarex’s website showing the ActiSplint is attached
hereto as Exhibit C.16. SOS sells the ActiSplint line of splints throughout the United States, including inOregon. SOS also advertises and sells the ActiSplint line of splints directly through its
Case 3:13-cv-01244-MO Document 1 Filed 07/22/13 Page 3 of 10 Page ID#: 3

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