Plaintiff's Original Complaint 2
Boston, Massachusetts 02110-1727 ("PowerShares") and may be served with this Complaint andSummons by hand service upon its President, Mr. Andrew Schlossberg, 301 W. Roosevelt Road,Wheaton, IL 60187.3.
Upon information and belief, Defendant INVESCO PowerShares CapitalManagement, LLC, is a Delaware corporation having a principal place of business at 301 WestRoosevelt Road, Wheaton, Illinois 60187 ("INVESCO") and may be served with this Complaintand Summons by hand service upon its registered agent, CT Corporation System, 208 S. LaSalleStreet, Suite 814, Chicago, IL 60604.4.
Upon information and belief, Defendant INVESCO AIM Distributors, Inc. is nowknown as INVESCO Distributors, Inc. and is a Delaware corporation having a principal place of business located at 11 Greenway Plaza, Suite 100, Houston, Texas 77046-1173 ("ID") and maybe served with this Complaint and Summons by hand service upon its registered agent, CTCorporation System, 350 N. St. Paul Street, Suite 2900, Dallas, TX 75201-4234.5.
PowerShares, INVESCO and ID are collectively referred to herein as "PII,"unless otherwise stated.
II. JURISDICTION AND VENUE
This action arises under § 43(a) of the Trademark Act of July 5, 1946, asamended, commonly known as the Lanham Act, 15 U.S.C. § 1051, et seq., and the common lawof the State of Texas.7. The Court has subject matter jurisdiction over all asserted claims under 15 U.S.C.§ 1121, 28 U.S.C. §§ 1331, 1332 (as the value of the sought injunction exceeds $75,000) and1338, and 28 U.S.C. § 1367.
Case 4:10-cv-02589 Document 1 Filed in TXSD on 07/22/10 Page 2 of 15