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Adidas v. Shoe Express

Adidas v. Shoe Express

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Published by Kenan Farrell

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Published by: Kenan Farrell on Dec 14, 2011
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12/14/2011

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=IlID12
DEC
· 1 1 1 4 : 0 9 U S D C
·
( j ~ : P
Stephen M. Feldman, OSB No. 932674SF eldman@perkinscoie.com  PERKlNS
COlE
LLP
1120 N.
W.
Couch Street, Tenth Floor
I
AL
Portland,
OR
97209-4128Telephone: 503.727.2000Facsimile: 503.727.2222
R.
Charles Henn Jr.,chenn@kilpatricktownsend.com Charles
H.
Hooker III,chooker@kilpatricktownsend.com Nichole Davis Chollet,nchollet@kilpatricktownsend.com KILPATRICK TOWNSEND & STOCKTON LLP1100 Peachtree Street, Suite 2800Atlanta, GA 30309Telephone: 404.815.6500Facsimile: 404.815.6555Attorneys for PlaintiffsUNITED STATES DISTRICT COURTDISTRICT OF OREGONPORTLAND DIVISION
CV
'11
-
1
GO
1
ADIDAS
AMERICA, INC.
and 
ADIDASAG,
No.
______________
_ Plaintiffs,
COMPLAINT
v.
(Counterfeiting, Trademark Infringement,Unfair Competition, Trademark Dilution, and
SHOE SHOE
EXPRESS,
INC.,
d/b/a Deceptive Trade Practices)
SQUADRA
USA, and
LUIS
A.
GONZALEZ,
individually and d/b/a
DEMAND
FOR
JURY TRIAL
SQUADRA
USA,Defendants.
1-
COMPLAINT
21
184·0096ILEGAL22283428. 1
Perkins
Coie
LLP 
1120 N.W.Couch Street, Tenth Floor Portland, OR 97209-4128 Phone: 503.727.2000 Fax: 503.727.2222
Case 3:11-cv-01501-AC Document 1 Filed 12/12/11 Page 1 of 26 Page ID#: 1
 
Plaintiffs adidas America, Inc. and adidas
AG
(collectively, "adidas") state the foHowingfor their Complaint against Defendants Shoe Shoe Express, Inc., doing business as SquadraUSA, and Luis A. Gonzalez, individually and doing business as Squadra USA (collectively,"Defendants").
I.
INTRODUCTION
1.
This is an action at law and in equity for counterfeiting, trademark infringementand dilution, unfair competition, and unfair business practices, arising under the Trademark Act
of
1946,
15
U.S.c.
§§
1051
et seq.
(2009) ("Lanham Act"); the anti-dilution laws
of
severalstates; the unfair business practices and unfair and deceptive trade practices acts
of
several states;and the conunon law.2. For decades, adidas has manufactured,sold, and promoted apparel bearing itsfamous and distinctive Three-Stripe trademark (the "Three-Stripe Mark"). As identified below,adidas owns numerous incontestable federal trademark registrations for its Three-Stripe Mark forapparel, and adidas has invested millions
of
dollars building its brand in connection with theThree-Stripe Mark.3. adidas also has for many years manufactured,sold, and promoted apparel bearingits famous and distinctive "3-Bars Logo," which is a design mark that was inspired
by
the ThreeStripe Mark. As identified below, adidas owns numerous incontestable federal trademarkregistrations for its 3-Bars Logo for apparel,
andadidas
has invested millions
of
dollars buildingits brand in connection with the 3-Bars Logo. 4. Despite Defendants' knowledge
of
adidas's rights in the famous Three-StripeMark and 3-Bars Logo, Defendants are designing, sourcing,manufacturing, importing,distributing, marketing,promoting,offering for sale, and/or selling apparel bearing counterfeit and/or confusingly similar imitations
of
adidas's federally registered Three-Stripe Mark and 3Bars Logo, including the apparel depicted below:2-COMPLAINT
2!!84-0096ILEGAL22283428.!
Perkins
Coie
UP
1120 N.W. Couch Street, Tenth Floor Portland, OR 97209-4128 Phone: 503.727.2000 Fax:503.727.2222 
Case 3:11-cv-01501-AC Document 1 Filed 12/12/11 Page 2 of 26 Page ID#: 2
 
5.
Defendants' apparel is not manufactured by adidas, nor are Defendants connected,affiliated, or associated with, or authorized by, adidas in any way. Defendants' merchandise islikely to cause consumer confusion, deceive the public regarding its source, and dilute andtarnish the distinctive quality
of
adidas's Three-Stripe Mark and 3-Bars Logo.
6.
Among other relief, adidas asks this Court to: (a) preliminarily and pennanentlyenjoin Defendants from marketing
or
selling apparel bearing counterfeit and/or confusinglysimilar imitations
ofthe
Three-Stripe Mark and 3-Bars Logo; (b) award adidas monetarydamages and to treble that award; (c) require Defendants to disgorge all profits from sales
of
their infringing apparel; and (d) award adidas punitive damages, attorneys' fees, and costs.
II. JURISDICTION AND VENUE
7.
This Court has subject matter jurisdiction under section 39
of
the Lanham Act,
15
U.S.C. § 1121, and under 28 U.S.C.
§§
1331 and 1338. Subject matter jurisdiction overadidas's related state and common law claims is proper pursuant to 28 U.S.C.
§§
1338 and 1367.
8.
This Court has personal jurisdiction over Defendants because, on infonnation andbelief, Defendants imported, distributed, offered for sale, sold, and/or shipped merchandise topersons within the State
of
Oregon, Defendants transactandconduct business within this State,or have otherwise made or established contacts within this State sufficient to pennit the exercise
of
personal jurisdiction. For example, Defendants shipped three-stripe counterfeit and infringingapparel to a customer in Oregon as recently as December 2, 2011.3-COMPLAINT
21
I 84-0096ILEGAL22283428. I
Perkins
Coie
LLP 
1120 N.W. Couch Street, Tenth Floor Portland, OR 97209-4128 Phone: 503.727.2000 Fax: 503.727.2222
Case 3:11-cv-01501-AC Document 1 Filed 12/12/11 Page 3 of 26 Page ID#: 3

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