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
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
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