Plaintiff, the City of Portland (the “City” or “Plaintiff”), for its Complaint againstDefendant, Romtec, Inc. (“Romtec” or “Defendant”), alleges as follows:
JURISDICTION AND VENUE
This is a civil action for injunctive relief and damages arising under: (i) copyrightinfringement under the Copyright Act of 1976, as amended, 17 U.S.C. § 101
. (the“Copyright Act”); (ii) trade dress infringement, unfair competition, false designation of originand dilution under the Lanham Act, as amended, 15 U.S.C. § 1051
. (the “Lanham Act”);(iii) trade dress infringement, unfair competition, and dilution under the statutory and commonlaw of the State of Oregon; and (iv) violations under the Oregon Uniform Trade Practices Act(ORS 646.605
) (the “UTPA”)..2.
This Court has original subject matter jurisdiction over the subject matter pursuant to Section 39 of the Lanham Act, 15 U.S.C. § 1121, and under 28 U.S.C. § 1331 and 28U.S.C. § 1338 because the action arises, in part, under 15 U.S.C. § 1125 and 17 U.S.C. § 501.This Court has supplemental jurisdiction over non-federal question claims pursuant to 28 U.S.C.§ 1367.3.
Venue is proper in the United States District Court for the District of Oregon pursuant to 28 U.S.C. §§ 1391 and 1400 because the events giving rise to the City’s claims arosein Oregon and the City’s principal place of business is located in Oregon.4.
This Court has personal jurisdiction over Defendant because, on information and belief, Defendant has engaged in acts or omissions within and outside the State of Oregoncausing injury within the State of Oregon.
The City is a municipal corporation as defined under ORS 297.405(5) with its principal place of business located at 1221 SW 4th Ave., Room 430, Portland, OR, 97204.6.
Upon information and belief, Romtec is an Oregon corporation, with its corporatePage 2 – COMPLAINT
PORTLAND CITY ATTORNEY’S OFFICE1221 SW 4TH AVENUE, RM 430PORTLAND, OREGON 97204(503) 823-4047
Case 3:13-cv-01453-MO Document 1 Filed 08/19/13 Page 2 of 16 Page ID#: 2