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Pendleton Woolen Mills v. Pendleton Round Up

Pendleton Woolen Mills v. Pendleton Round Up

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Published by Jeffrey Armistead
A complaint by Pendleton Woolen Mills against Pendleton Round Up alleging trademark infringement for selling a confusingly similar cologne.
A complaint by Pendleton Woolen Mills against Pendleton Round Up alleging trademark infringement for selling a confusingly similar cologne.

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Published by: Jeffrey Armistead on May 22, 2011
Copyright:Attribution Non-commercial

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04/11/2014

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Vicki
L.
Smith,
OSB No. 854410smithv@lanepowell.com 
Parna
A.
Mehrbani,
OSB No. 053235mehrbanip@lanepowell.com 
LANE
POWELL
PC
601
SW
Second Avenue, Suite 2100Portland, Oregon 97204-3158Telephone: 503.778.2100Facsimile: 503.778.2200Attorneys for Plaintiff
UNITED STATES
DISTRICT COURT
DISTRICTOF
OREGONPORTLAND
DIVISION
PENDLETON WOOLEN MILLS, INC.,
anOregon corporation,
A
Plaintiff, 
COMPLAINT
(Trademark Infringement, Unfair
v. 
Competition,
Trademark
Dilution, Unfair andDeceptive
Trade
Practices, Declaratory
THE
ROUND
UP
ASSOCIATION,
an Judgment Regarding Registration)Oregon corporation,
DEMAND FOR JURY
TRIAL
Defendant.Plaintiff Pendleton Woolen Mills,Inc.
("plaintiff' or
"Pendleton") files this Complaintand states as follows:1.This is an action for trademark infringement,unfair competition and dilution, unfair and deceptive trade practices, and declaratory
judgment
arising
out
of
the Trademark Act
of
1946,
15
U.S.c.
§
1051 et seq. (2002) ("the
Lanham
Act"); the Declaratory Judgment Act,§§ 2201-2202; the Oregon Unlawful Trade Practices Act,
ORS
§§ 646.605-646.656 (2009);theOregon anti-dilution statute,
ORS
647.107 (2009); and the
common
law
.
PAGE
1 -
COMPLAINT
LANE
POWELL
PC 
601
SW
SECOND AVENUE, SUITE2100 
PORTLAND,OREGON 97204-31
58 
50J
77
8.2100
FA
X,
503.778 2200 
 
2.
Defendant is marketing and selling fragrance products under a trademark that isconfusingly similar to Pendleton's trademarks as set forth below. Defendant's use
of
thetrademark is likely to cause confusion, mistake, or deception as to the affiliation, connection, orassociation
of
Defendant with Pendleton, or as to the origin
of
Defendant's goods, or as to theirsponsorship or approval by Pendleton, and is likely to dilute the distinctive quality
of
Pendleton's trademarks.
THE PARTIES
3.
Plaintiff Pendleton Woolen Mills, Inc. is a corporation organized and existingunder the laws
of
the state
of
Oregon, with a principal place
of
business at 220
NW
Broadway,Portland, Oregon, 97209.
4.
Defendant The Round Up Association is a corporation organized and existingunder the laws
of
the state
of
Oregon, with a principal place
of
business at 1205 S W Court,Pendleton, Oregon, 97801.
JURISDICTION AND VENUE
5.
This Court has original subject matter jurisdiction over this action under theLanham Act pursuant to
15
U.S.C.
§§
1116 and
1121
and 28 U.S.C.
§§
1331
and 1338. ThisCourt has supplemental jurisdiction over Pendleton's state and common
law
claims pursuant to28 U.S.C.
§
1367.
6.
This Court has personal jurisdiction over Defendant under 28 U.S.C.
§
1331
because Defendant has distributed, sold, or offered for sale merchandise under the infringingtrademark within this state, has engaged in acts or omissions within this state causing injury, hasmanufactured, distributed, sold, or offered for sale products used or consumed within this state inthe ordinary course
of
trade, resides in this state, or otherwise has made or established contactswithin this state sufficient to permit the exercise
of
personal jurisdiction.
7.
Venue is proper in this District pursuant to 28 U.S.C.
§
1391
because Defendantresides in this District and/or is subject to personal jurisdiction in this District. Moreover, aPAGE 2 -COMPLAINT
LANE
POWELL
PC
601
SWSECONDAVENUE, SUITE2100
0054360569/
5070188
.1
PORTLAND, OREGON97204·3158503.778.2100FAX
503
.778.2200
 
substantial part
of
the events or omissions giving rise
to
the claims herein occurred in thisDistrict and, upon information and belief, important and relevant records are located in thisDistrict.
8.
Pursuant to Local Rule 3-2(b), venue
is
proper in this Division because asubstantial part
of
the events or omissions giving rise to the claims occurred in this Division andthe intellectual property at issue is owned by Pendleton and thus resides in this Division.
FACTUAL BACKGROUND
9.
Pendleton owns numerous federal registrations issued by the U.S. Patent andTrademark Office ("USPTO") for the trademark PENDLETON for use on a variety
of
goods.
See
Certificates
of
Registration Nos. 3,574,742, 3,555,536, 3,574,743, 3,568,773, 3,718,175,3,297,528, 3,049,323, 2,951,453, 1,980,970, 2,059,665, 1,218,445, 913,742, and 514,710attached as Exhibits 1-13, incorporated herein and made a part hereof. Pendleton also ownsnumerous federal registrations for marks containing the term PENDLETON, includingPENDLETON COLORPLA
Y,
Reg. No. 3,680,928; PENDLETON ESTATE VINEYARDS
&
WINERY, Reg. No. 3,662,604; PENDLETON ECO-WISE WOOL, Reg. No. 3,638,636;PENDLETON HOME, Reg. No. 2,713,136; PENDLETON HOME COLLECTION, Reg.No. 2,717,244; PENDLETON ORIGINALS, Reg. No. 2,276,567; PENDLETON ORIGINALSBORN IN OREGON, Reg. No. 2,395,884;
NOR'
WESTER WEAR BY PENDLETON, Reg.No. 2,276,748; PENDLETON STUDIO, Reg. No. 2,117,014; BEAVER STATE BYPENDLETON, Reg. No. 1,814,471; COUNTRY CLOTHES BY PENDLETON, Reg.No. 800,729; WARRANTED TO BE A PENDLETON PENDLETON WOOLEN MILLSPORTLAND, OREGON SINCE 1863, Reg. No. 2,053,150; WARRANTED TO BE A"PENDLETON" PENDLETON WOOLEN MILLS PORTLAND, OREGON, Reg.Nos. 777,919, 777,908, and 663,602; SIR PENDLETON, Reg. No. 715,837; and PENDLETON49'ER, Reg. No. 666,627. Collectively, the PENDLETON trademarks are referred to herein asthe "PENDLETON Marks."PAGE 3 -COMPLAINT
LANE
POWELL
PC
601
SW SECOND AVENUE, SUITE 2100005436.0569/5070188.1
PORTLAND, OREGON 97204-3158503,778,2100 FAX 503,778,2200

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