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Venable, Campillo, Logan & Meaney, P.C.1938 East Osborn RoadPhoenix, Arizona 85016Telephone (602) 631-9100Facsimile (602) 631-4529E-Mail docketing@vclmlaw.comMichael F. Campillo (AZ Bar No 019014)Joseph R. Meaney (AZ Bar No.017371)Attorneys for Plaintiff 
UNITED STATES DISTRICT COURTDISTRICT OF ARIZONA
GRAND CANYON RESORTCORPORATION, INC., DBA GRANDCANYON WESTPlaintiff,vs.GRAND CANYON WEST RANCH,LLC,Defendant.
Case No.:COMPLAINT FORDECLARATORY JUDGMENT,TRADEMARK INFRINGEMENT,TRADEMARK DILUTION, ANDUNFAIR COMPETITION
Plaintiff, by its undersigned attorneys alleges as follows:
JURISDICTION AND VENUE
1.
 
This is a complaint for Trademark Infringement, Unfair Competition, and FalseDescription arising under § 43 of the Lanham Act (15 U.S.C. § 1125(a)) (UnfairCompetition and False Description).2.
 
This Complaint is properly filed in respect to an actual controversy of whichthis Court has subject matter jurisdiction under the Federal Lanham Act (15 U.S.C. §
Case 2:09-cv-00289-FJM Document 1 Filed 02/12/2009 Page 1 of 8
2:09-cv-00289
 
 
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1125 et seq.) and 28 U.S.C. § 1338(a) and under the Federal Declaratory JudgmentAct, 28 U.S.C.A. §§ 2201-02. The Court has supplemental jurisdiction to presideover the Arizona state law claims pursuant to 28 U.S.C. § 1338(b) and under 28U.S.C. § 1367.3.
 
Defendant Grand Canyon West Ranch, LLC is an Arizona Limited LiabilityCompany and its principal place of business is in the State of Arizona; this Court haspersonal jurisdiction over the Defendant.4.
 
Venue is proper in this district under 28 U.S.C. §1391(b) and (c) because asubstantial part of the events or omissions giving rise to the claims occurred in thisdistrict, a substantial part of the property that is the subject of the action is situated inthis district, and the defendant maintains its principal place of business in this district.
PARTIES
5.
 
Plaintiff Grand Canyon Resort Corp. is a federally chartered corporation underSection 17 of the Indian Reorganization Act with an address of 893 Highway 66,Peach Springs, Arizona 86434.6.
 
Upon information and belief, Defendant Grand Canyon West Ranch, LLC, isan Arizona limited liability company, with an address of 3750 E. Diamond Bar RanchRd., Meadview, Arizona 86444.
FACTUAL BACKGROUND
7.
 
Hualapai (“Wal-a-pie”) Nation is, and at all times mentioned herein was, afederally recognized tribe with an address of P.O. Box 179, Peach Springs, Arizona86434.8.
 
The Hualapai own and inhabit 108 miles along the south-western rim of theGrand Canyon in Arizona.
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9.
 
On or before October of 1998, the Hualapai established Plaintiff Grand CanyonResort Corporation, a Section 17 federal chartered corporation for the purposes of developing “Grand Canyon West” for the purposes of tourism.10.
 
Since October 1998, the Plaintiff Grand Canyon Resort Corporation hascontinuously operated the tourist destination referred to as “Grand Canyon West”, ontheir rim of the Grand Canyon.11.
 
By 2000, Plaintiff Grand Canyon Resort Corporation’s tourism revenue fromGrand Canyon West was $2.8 million. Plaintiff offers several tourism related servicesin interstate commerce at Grand Canyon West, including horseback rides, bus tours,sight-seeing tours, air tours, lodging, and food services. Tourism services associatedwith Grand Canyon West is the primary source of income for the Grand CanyonResort Corporation.12.
 
Due to the Plaintiff Grand Canyon Resort Corporation’s long and substantiallyexclusive use of the mark “Grand Canyon West” to designate the name of and theorigin of tourism related services, the GRAND CANYON WEST mark has acquireddistinctiveness.13.
 
Upon information and belief, Mr. Nigel Turner is a manager and/or principal of Defendant Grand Canyon West Ranch and also Heli-USA, Inc.14.
 
Heli-USA operates helicopter tours of the Grand Canyon. Heli-USA is aformer licensee of Plaintiff Grand Canyon Resort Corporation and operated helicoptertours at Grand Canyon West up until about 2000. In 2000, the Plaintiff GrandCanyon Resort Corporation terminated Heli-USA’s license to land on their propertyincluding Grand Canyon West after a dispute between Mr. Turner and the Plaintiff Grand Canyon Resort Corporation.15.
 
Upon information and belief in 2000-2001, Heli-USA and/or Defendant GrandCanyon West Ranch purchased real property at 3750 E. Diamond Bar Ranch Road, inMeadview Arizona, and began operation of a tourist destination.
Case 2:09-cv-00289-FJM Document 1 Filed 02/12/2009 Page 3 of 8
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