LISA GRAMP, Oregon State Bar ID Number 042952DeputyCity AttorneyEmail:lisa.gramp@portlandoregon.gov FRANCO A. LUCCHIN, Oregon State Bar ID Number 013310franco.lucchin@portlandoregon.govDeputy City AttorneyOffice of City Attorney1221 SW 4th Avenue, Suite 430Portland, OR 97204Telephone: (503) 823-4047Facsimile: (503) 823-3089Of Attorneys for Plaintiff
UNITED STATES DISTRICT COURTDISTRICT OF OREGONPORTLAND DIVISIONCITY OF PORTLAND
, a municipalcorporation
,
PLAINTIFF,
v.
ROMTEC, INC.,
a domestic businesscorporation
,DEFENDANT.
CASE NO. 3:13-cv-1453COMPLAINT FOR:I)
Copyright Infringement;II)
Violation of the Lanham Act (15U.S.C. § 43(a) for Trade DressInfringement;III)
Violation of the Lanham Act (15U.S.C. § 43(a) for UnfairCompetition and False Designationof Origin;IV)
Violation of the Lanham Act (15U.S.C. § 43(c) for Dilution;V)
Common Law Trademark Infringement; andVI)
Violations of Oregon’s UnlawfulTrade Practices Act
JURY TRIAL REQUESTED
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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 1 of 16 Page ID#: 1
Plaintiff, the City of Portland (the “City” or “Plaintiff”), for its Complaint againstDefendant, Romtec, Inc. (“Romtec” or “Defendant”), alleges as follows:
JURISDICTION AND VENUE
1.
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
et seq
. (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
et seq
. (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
et seq.
) (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.
PARTIES
5.
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
headquarters located at 18240 N. Bank Rd., Roseburg, OR, 97470.
GENERAL ALLEGATIONS
7.
The City, in the course of providing municipal sanitary services to its residents,invested public funds to create, fabricate, deploy, market, and sell a distinctive public restroom(the “Portland Loo”) that has been nationally and internationally recognized for its original anddistinctive design.8.
The Portland Loo is a toilet kiosk designed to be located on city sidewalks.Measuring 10’7” long x 6’ wide x 8’6” tall, the Portland Loo is large enough to be handicapaccessible and can accommodate a stroller or bike for the occupant. The Portland Loo isconstructed with heavy gauge stainless steel wall panels and is finished with an anti-graffiti powder coating. There is a simple button-activated hand washing station mounted on theexterior to promote shorter use times and to serve the general pedestrian population.Distinctively stripped of much of its plumbing, the Portland Loo can be delivered on site as acomplete enclosure. Artwork on the door panel links the Portland Loo to its surroundings andconveys a sense of community ownership. Perhaps the Portland Loo’s most distinctive feature isits louvered slats. Louvers at the top and bottom are specifically angled and dimensioned tofacilitate daylighting, ventilation, and natural surveillance by passers by. The design of thePortland Loo has been cited as ingenious in terms of CPTED (Crime Prevention ThroughEnvironmental Design). The louvers extend from foot level to knee level and again just abovehead level, making activity inside somewhat visible to passersby. It is this feature that haslargely garnered praise as improving the safety and cleanliness of public restrooms.9.
The Portland Loo was conceived in 2007 after Charles Randall Leonard, one of the City’s former Commissioners, traveled to Italy where he was impressed with the modern,self-cleaning toilets throughout the country. Desiring such an amenity for the sidewalks of urbane Portland, the Commissioner authorized the development of the Portland Loo thatPage 3 – 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 3 of 16 Page ID#: 3
