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Thomas Freedman,
OSB
PEARL LAW
LLC312
NW
10th Avenue, Suite 201Portland,
OR
97209Phone: 503.467.7256
Cowlsellor Plaint(ff
FILEllOS OCT
'1113:4SUSOC-(J!P
UNITED STATES DISTRICTCOURTDISTRICT OF OREGON
--
PORTLAND DIVISIONCHRISTOPHER DOUGLAS,
CV'11
1204
BR
Plaintiff:-against-
COMPLAINT
LEIGH KENO; LESLIE
KENO,
and
THEODORE ALEXENDAR
USA,INC.,
Jury
Trial Demanded
Defendants.Plaintift: as and for his complaint, alleges as follows:
NATURE
OF THE ACTION
I. This is a complaint for trademark infringement, unfair competition, and falsedescription arising under
*
43
of
the
Lanham
Act
(15 U.S.C. § 1125(a)),
tor
violations
of
Oregon's
Unlawful
Trade
Practices Act (ORS 646.605 -646.656),and
tor
related
common
lawclaims.
JURISDICTION
&
VENUE
2. This Court has original subject
matter
jurisdiction
over
this action pursuant to 28U.S.C. § 1331, 1338(a) and
15
U.S.c.
§
1121.
Thomas Freedman, OSB
No. 080697
PEARL
LA
W
LLC
312NW
IOthAvcSte201,
P0l11and,OR97209
503A67.7256I
Page 1
of
11
Complaint
Case 3:11-cv-01204-BR Document 1 Filed 10/06/11 Page 1 of 13 Page ID#: 1
3. This Court has related claim jurisdiction over the state law claims pursuant to28U.S.C.
§
1338(b) and 28 U.S.C. § 1367.4. Venue is proper in this Court pursuant to 28 U.S.C. § 1391.
THE
PARTIES
5.
Plaintiff is a natural person and a resident
of
the state
of
Oregon.
6.
Defendant Leigh Keno is natural person and, upon information and
beliet~
aresident
of
the state
of
New
York.
7.
Detendant Leslie Keno is natural person and, upon information and beliet: aresident
of
the state
of
N
ew
York.
8.
Defendant
Theodore
Alexander USA, Inc. is a North Carolina corporation.
FACTUAL ALLEGATIONS
A.
Plaintiff's Unique Design -
The
Flipper Screen
9.
Plaintitf
is an accomplished and award-winning independent furniture designer.10. In 2003,
plaintitf
designed the Flipper Screen,
one
of
his
most
unique anddistinctive pieces.
An
image
ofthe
Flipper Screen is annexed hereto as
Exhibit
A.
II.
The
Flipper Screen won Best in Category for Furniture at the 2004 PortlandDesign Festival, and was featured
by
Cooper-Hewitt in the coveted
Design
Triennial Show.
12.
Plaintiff featured the Flipper Screen at the International
Contemporary
FurnitureFair in 2004, 2005, and 2006.
13.
In the
mid-2000's,
due to its distinctive and award-winning design,
plaintiffs
Flipper Screen
was
teatured in numerous design magazines and periodicals, including
DH'ell,
Interior DeSign, Oregon Home, Chicago Tribune, New York Magazine,
as well as
TItlE
Magazine's
"Design
100" list
of
2007, and a hardbound design publication published
by
Graphis
Thomas Freedman, OSH
No.
080697
Page 2
of
11
PEARL
LAW LLC
Complaint
312NW
10th Ave
Sle201.
Case 3:11-cv-01204-BR Document 1 Filed 10/06/11 Page 2 of 13 Page ID#: 2
International Journal
of
Visual Communication.
14.
In
addition, during this timeframe, the Flipper Screen was featured on blogs,television shows, was used by the erstwhile Marshall Field's department store in Chicago inconnection with fashion displays, and was carried by Sam Flax Art Supplies tlagship store inNew York City.
B.
Defendants' Infringing and Unlawful Conduct -the Peekaboo!
15.
Defendants Leigh and Leslie Keno, known as the Keno Brothers, have achievednational and international celebrity and fame as antique and furniture appraisers, and have cohosted several television shows, including a reality show on the Fox network called
BuriedTreasure.
16.
The Keno Brothers' television shows are broadcast in Oregon, and the KenoBrothers travel to many states, including Oregon, as part
of
their shows and
to
discuss theiralleged furniture designs.
17.
Defendant Theodore Alexander USA, Inc. ("Theodore Alexander")
is
one
of
theleading furniture manufacturers in the world, and manufactures and sells furniture throughout theUnited States, including in Oregon.18.
In
or about 2010, Theodore Alexander launched a furniture line entitled "KenoBros. Furniture."
19.
The "Keno Bros. Furniture" line was allegedly designed by defendants LeighKeno and Leslie Keno, in an attempt
to
capitalize on the reality-TV stardom
of
the KenoBrothers' name.20. The "Keno Bros. Furniture" line is manufactured by Theodore Alexander.21. The "Keno Bros. Furniture" line includes a piece entitled the"Peekaboo!,"which,
Thomas'Freedman,
OSS
No.
080697
PEARL
LAW LLC
Page 3
of
11
Complaint
Case 3:11-cv-01204-BR Document 1 Filed 10/06/11 Page 3 of 13 Page ID#: 3
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