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Trader Joes Complaint

Trader Joes Complaint

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Published by scprweb
Trader Joes complaint against Michael Hallatt's Pirate Joe's store in Vancouver.
Trader Joes complaint against Michael Hallatt's Pirate Joe's store in Vancouver.

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Published by: scprweb on Aug 27, 2013
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09/06/2013

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 UNITED STATES DISTRICT COURTWESTERN DISTRICT OF WASHINGTONAT SEATTLETRADER JOE’S COMPANY, aCalifornia Corporation,Plaintiff,v.MICHAEL NORMAN HALLATT, anindividual, d/b/a PIRATE JOE’S a/k/aTRANSILVANIA TRADING; and DOES 1-10,Defendants. No.
COMPLAINT
JURY DEMANDPlaintiff Trader Joe’s Company (“Trader Joe’s”), by and through its undersigned counsel, for its Complaint against Defendant Michael Norman Hallatt d/b/a Pirate Joe’sa/k/a Transilvania Trading and DOES 1-10 (“Defendants”), hereby alleges, on knowledgeas to its own conduct and otherwise on information and belief, as follows:
THE PARTIES
1.
 
Trader Joe’s is a California corporation with its principal place of business at800 South Shamrock Avenue, Monrovia, California 91016. Trader Joe’s is engaged in the business of selling high-quality groceries at low prices, including thousands of its own products under the TRADER JOE’S brand label. Trader Joe’s owns numerous federally
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COMPLAINT – Page 1
818 STEWART STREET, SUITE 1400SEATTLE WASHINGTON 98101 T 206.516.3800 F 206.516.3888
Case 2:13-cv-00768 Document 1 Filed 05/01/13 Page 1 of 24
 
 registered and common-law trademarks associated with its retail grocery chain and its products.
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2.
 
Upon information and belief, Defendant Michael Norman Hallatt is anindividual residing in Vancouver, British Columbia, Canada, with a mailing address of 2348 West 4th Avenue, Vancouver, British Columbia, Canada V6K 1P2.
3681114222345
3.
 
Upon information and belief, Michael Norman Hallatt does business or hasdone business as Pirate Joe’s and/or Transilvania Trading.
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4.
 
Upon information and belief, Pirate Joe’s is a company based in Vancouver,British Columbia, Canada, with a principal place of business at 2348 West 4th Avenue,Vancouver, British Columbia, Canada V6K 1P2.
910
5.
 
Upon information and belief, Transilvania Trading is a company based inVancouver, British Columbia, Canada, with a principal place of business at 3474 WestBroadway, Vancouver, British Columbia, Canada V6R 2B3.
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6.
 
Trader Joe’s is ignorant of the true names and capacities of the defendantssued herein under the fictitious names DOES 1 through 10 inclusive. Trader Joe’s will seek leave of court to amend this complaint to allege such names and capacities when they areascertained. Trader Joe’s is informed and believes, and based thereon alleges, that each of the fictitiously named DOE defendants is responsible in some manner for the wrongfulconduct alleged herein. Trader Joe’s further alleges that each defendant acted in concertwith, as agent or representative for, or at the request or on the behalf of one or more of thedefendants identified in paragraphs 2-5 above.
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JURISDICTION AND VENUE
7.
 
This action asserts claims arising under the Lanham Act, 15 U.S.C. §§1114(1), 1125(a) and 1125(c). This Court has federal question jurisdiction over theseclaims pursuant to 15 U.S.C. § 1121, and 28 U.S.C. §§ 1331, 1338(a) and 1338(b). ThisCourt also has subject matter jurisdiction over Trader Joe’s state law claims pursuant to the
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COMPLAINT – Page 2
818 STEWART STREET, SUITE 1400SEATTLE WASHINGTON 98101 T 206.516.3800 F 206.516.3888
Case 2:13-cv-00768 Document 1 Filed 05/01/13 Page 2 of 24
 
  principles of pendant jurisdiction under 28 U.S.C. § 1367(a).
1
8.
 
This Court has personal jurisdiction over Defendants because,
inter alia
,Defendants transact business in the State of Washington, engage in a persistent course of conduct in the State of Washington, expect or reasonably should expect their acts to havelegal consequences in the State of Washington, and because Defendants’ acts have caused harm and continue to cause harm to Trader Joe’s in the State of Washington.
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9.
 
Venue is proper in the Western District of Washington pursuant to 28 U.S.C.§ 1391 because a substantial part of the events giving rise to the claims asserted in thisaction occurred in the Western District of Washington, Defendants expect or reasonablyshould expect their acts to have legal consequences in the District, and because Defendants’acts have caused harm and continue to cause harm to Trader Joe’s in the Western District of Washington.
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FACTUAL BACKGROUNDThe Trader Joe’s Story
10.
 
Trader Joe’s, one of the most popular grocery retailers in the United States,comes from humble beginnings. In 1958, Joe Coloumbe opened a small but successfulchain of convenience stores in the Los Angeles area called “Pronto Markets.”
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11.
 
Over the next several years, Coloumbe completely redesigned ProntoMarkets, and by 1967, his renamed “Trader Joe’s” stores were offering a full groceryselection against the backdrop of the Company’s now famous “South Pacific” store design.
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12.
 
Trader Joe’s has always prided itself on its carefully chosen high-quality and unique food selection. Today, the name “Trader Joe’s” is synonymous with high-quality,affordable groceries.
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13.
 
More than 390 Trader Joe’s grocery stores now operate in 30 states and theDistrict of Columbia, including 14 stores in the state of Washington. The widespread success of Trader Joe’s is due in large part to its carefully cultivated reputation and its
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COMPLAINT – Page 3
 
818 STEWART STREET, SUITE 1400SEATTLE WASHINGTON 98101 T 206.516.3800 F 206.516.3888
Case 2:13-cv-00768 Document 1 Filed 05/01/13 Page 3 of 24

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