Corey M. Eschweiler, Esq.Nevada Bar No. 6635Adam D. Smith, Esq.Nevada Bar No. 9690GLEN J. LERNER & ASSOCIATES4795 South Durango DriveLas Vegas, Nevada 89147Telephone: (702) 877-1500Facsimile: (702) 933-7043E-mail: firstname.lastname@example.org@glenlerner.comAttorneys for Plaintiff UNITED STATES DISTRICT COURTDISTRICT OF NEVADATRADEBAY, INC., a Nevada corporation,Plaintiff,vs.EBAY, INC., a Delaware corporation,; DOES I - X,and ROE CORPORATIONS I - X, inclusive,Defendants.)))))))))CASE NO.
Plaintiff, TRADEBAY, INC.,
(hereinafter referred to as “TRADEBAY”
or “Plaintiff”), byand through its undersigned counsel, hereby files this Complaint against Defendant, EBAY, INC.,(hereinafter referred to as “EBAY” or “Defendants”), and alleges the following:
JURISDICTION AND VENUE
This Court has jurisdiction over this action under Title 28 United States Code § 1331,2201
, and the Lanham Act, Title 15 United States Code § 1125(a)
, for declaratoryrelief in the nature of a judgment declaring that Plaintiff’s use of the mark in suit will not infringethe rights of Defendant, that Plaintiff’s acts do not constitute trademark infringement as accused byDefendant, that Plaintiff is entitled to relief from Defendant’s threats of infringement, that Plaintiff is not liable to Defendant for any award of damages or preliminary and permanent injunctive relief against the Defendant related thereto.2.
Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391, as asubstantial part of the events herein arose in this District and Defendant is subject to this venue byreason of their transaction of business and regular and systematic contacts within this District.
Case 2:11-cv-00702-ECR -PAL Document 1 Filed 05/03/11 Page 1 of 7