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Vitamins Online Complaint

Vitamins Online Complaint

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Published by Kenan Farrell
Unfair Competition, False and Misleading Advertising, Common Law Unfair Competition
Unfair Competition, False and Misleading Advertising, Common Law Unfair Competition

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Published by: Kenan Farrell on Mar 25, 2014
Copyright:Traditional Copyright: All rights reserved

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09/11/2014

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 COMPLAINT
1898983/2/JMP/107279-0001
ATER 
 
WYNNE
 
LLP 1331
 
 NW
 
LOVEJOY
 
STREET,
 
SUITE
 
900
Page 1
Lori Irish Bauman
, OSB No. 871617 E-mail: lib@aterwynne.com Jeff M. Peterson, OSB No. 115723 E-mail: jmp@aterwynne.com
ATER WYNNE LLP
1331 NW Lovejoy Street, Suite 900 Portland, OR 97209-3280 Telephone: (503) 226-1191 Facsimile: (503) 226-0079 Chad E. Nydegger (
Pro Hac Vice
Pending) E-mail: cnydegger@wnlaw.com
WORKMAN│NYDEGGER 
 A Professional Corporation 60 East South Temple, Suite 1000 Salt Lake City, UT 84111 Telephone: (801) 533-9800 Facsimile: (801) 328-1707 Attorneys for Plaintiff Vitamins Online, Inc.
UNITED STATES DISTRICT COURT DISTRICT OF OREGON MEDFORD DIVISION
 
VITAMINS ONLINE, INC.
, Plaintiff, v.
DAVIDPAUL DOYLE
, Defendant. Case No. _________________
COMPLAINT
(Unfair Competition and False Advertising (15 U.S.C. § 1125 (a))
DEMAND FOR JURY TRIAL
For its Complaint, plaintiff Vitamins Online, Inc. (“Vitamins Online”) alleges claims against defendant DavidPaul Doyle (“Doyle” or “Defendant”) as follows:
 
 
 COMPLAINT
1898983/2/JMP/107279-0001
ATER 
 
WYNNE
 
LLP 1331
 
 NW
 
LOVEJOY
 
STREET,
 
SUITE
 
900
Page 2
THE PARTIES
 1.
 
Vitamins Online is a Delaware corporation engaged in marketing and selling vitamins and dietary supplements over the Internet, with its principal place of business at 1467 West 105 North, Orem, Utah 84057. 2.
 
Heartwise, Inc. d/b/a NatureWise (“NatureWise”) markets and sells dietary
supplements online and, on information and belief, has a principal place of business at 625 N. Mountain Ave., Ashland, Oregon 97520. 3.
 
Defendant Doyle is the President of NatureWise and, on information and belief, resides in Jackson County, Oregon.
NATURE OF THE ACTION
4.
 
This is an action for unfair competition, and false and misleading advertising under Section 43 of the Lanham Act, 15 U.S.C. § 1125. 5.
 
This is also an action for related unfair competition claims under Oregon common law.
JURISDICTION AND VENUE
6.
 
This Court has original jurisdiction over the federal unfair competition claims  based upon 28 U.S.C. § 1338(b). This Court has diversity jurisdiction over all claims asserted in this action pursuant to 28 U.S.C. § 1332, because Vitamins Online is a Delaware corporation with its principal place of business in Utah and, on information and belief, Doyle is a citizen of Oregon, and the amount in controversy exceeds the jurisdictional amount of $75,000, excluding interest and costs. This Court has supplemental jurisdiction over the state common law unfair
 
 COMPLAINT
1898983/2/JMP/107279-0001
ATER 
 
WYNNE
 
LLP 1331
 
 NW
 
LOVEJOY
 
STREET,
 
SUITE
 
900
Page 3 competition claims because they arise out of the same acts that give rise to the unfair competition claims brought under the Lanham Act. 7.
 
On information and belief Doyle resides in Oregon. Accordingly, Doyle is subject to personal jurisdiction in this Court. 8.
 
Venue is proper in this Court under 28 U.S.C. § 1391(b)(2) because Doyle, upon information and belief, resides in Jackson County, Oregon and Doyle has committed acts of unfair competition and false and/or misleading advertising.
GENERAL ALLEGATIONS
9.
 
Vitamins Online is a Utah company that markets and sells vitamins, dietary, and nutritional supplements over the Internet, including on the popular website Amazon.com. Through several years of hard work and persistence, Vitamins Online has built a reputation online for providing high-quality vitamins, dietary, and nutritional supplements. Along with  providing high-quality products, Vitamins Online has spent millions of dollars in advertising and  promotions on the Internet to build a positive reputation for both the company and the products it offers. Through its consistent efforts over the years, Vitamins Online has amassed numerous independent favorable online reviews from its satisfied customers. Such favorable reviews are a critical component to gaining the trust and, subsequently, the patronage of new customers  purchasing products over the Internet, and particularly on Amazon.com. 10.
 
Vitamins Online takes great care to assure that the products it markets and sells are high-quality and have standardized compositions. In addition, Vitamins Online takes great care to assure that the labels, online product descriptions, and marketing materials accurately describe the products that it markets and sells.

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