Case 1:15-cv-03044

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Document 1

Filed 03/17/15

SHANNON M. JOST (WSBA #32511)

BRENDAN V. MONAHAN (WSBA #22315)
JOAN E. HEMPHILL (WSBA #40931)
STOKES LAWRENCE, P.S.
1420 Fifth Avenue, Suite 3000
Seattle, Washington 98101-2393
(206) 626-6000

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON AT YAKIMA

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MANHASSET SPECIALTY CO., INC.,

Case No.:
Plaintiff,

COMPLAINT
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v.
[JURY DEMAND]

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THE MUSIC PEOPLE INC. d/b/a ONSTAGE STANDS,

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Defendant.

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Plaintiff Manhasset Specialty Company, Inc. (Manhasset) alleges as follows:

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I. PARTIES
1.

Plaintiff Manhasset is a company with its principal place of business in

Yakima, Washington.
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Defendant The Music People Inc., d/b/a On-Stage Stands is a Connecticut

company with its principal place of business in Berlin, Connecticut.

II. JURISDICTION AND VENUE

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3.

This Court has subject matter jurisdiction under Section 39 of the Lanham

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Act, 15 U.S.C. 1121, and under 28 U.S.C. 1331 and 1338. This Court has

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jurisdiction over Plaintiffs related state law claim under 28 U.S.C. 1338 and 1367.

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COMPLAINT - 1
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STOKES LAWRENCE, P.S.

1420 FIFTH AVENUE, SUITE 3000
SEATTLE, WASHINGTON 98101-2393
(206) 626-6000

Case 1:15-cv-03044

Document 1

Filed 03/17/15

In addition, this Court has jurisdiction pursuant to 28 U.S.C. 1332(a) because the

parties citizenship is diverse and the amount in controversy exceeds $75,000, exclusive

of interest and costs.

4.

This Court has personal jurisdiction over the Defendant because, on

information and belief, the Defendant has transacted business within the State of

Washington, has committed tortious acts within this State, and has committed acts both

within and outside of Washington causing injury to Manhasset within this State, and has

otherwise established contacts within Washington sufficient to permit exercise of

personal jurisdiction.

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5.

Venue in this district is proper under 28 U.S.C. 1391 because a

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substantial part of the events or omissions giving rise to Manhassets claims occurred in

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this district and the property that is the subject of the action is situated in this judicial

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district.
III. FACTS

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Manhasset Symphony Stand No. 48s Trade Dress Has Acquired Distinctiveness
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Manhasset has designed, manufactured, and sold sheet music stands since

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the 1930s. In 1948, it launched Manhasset Symphony Stand No. 48, which was named

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for the year it was introduced to the market.

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7.

Manhasset Symphony Stand No. 48 is a high quality sheet music stand,

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typically purchased and used by orchestras, music venues, music schools, studios,

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groups, and individuals.

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8.

Manhasset designed Manhasset Symphony Stand No. 48 to be easily

identifiable and distinguishable from other music stands. For example, the Stand

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COMPLAINT - 2
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STOKES LAWRENCE, P.S.

1420 FIFTH AVENUE, SUITE 3000
SEATTLE, WASHINGTON 98101-2393
(206) 626-6000

Case 1:15-cv-03044

Document 1

Filed 03/17/15

features double ribbing on the top quarter of the Manhasset Symphony Stand No. 48s

desk, which are formed by crimping the planar surface of the desk, are readily

distinguishable from competing music stands that have plain desks. The pattern and

placement of the double ribbing on the Manhasset Stand are aesthetic features; they are

intended to create and have created a strong association in consumers minds between

the double ribbing design and Manhasset.

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Other distinguishing aesthetic characteristics of Manhasset Stand No. 48

include, but are not limited to, the following: the three feet of equal length that

comprise the base of the stand, each having a semi-tubular shape with a rounded toe, the

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pattern of 8 evenly-spaced perforations (and corresponding rivets) centered in the

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middle of the stand, the slender vertical telescoping shaft with a bevel at its neck

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connecting the Stands desk to its tripodal base, and the conforming mantle/attachment

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plate that covers and conforms to the feet of the tripodal base. A page from

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Manhassets website featuring the Manhasset Symphony Stand No. 48 is attached as

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Exhibit 1, and an image of the Stand is included below:

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COMPLAINT - 3
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STOKES LAWRENCE, P.S.

1420 FIFTH AVENUE, SUITE 3000
SEATTLE, WASHINGTON 98101-2393
(206) 626-6000

Case 1:15-cv-03044

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Document 1

Filed 03/17/15

Manhasset has substantially exclusively and continuously manufactured its

Manhasset Symphony Stand No. 48 for eighty years. During that time period,

Manhasset has invested hundreds of thousands of dollars in advertising and promoting

its distinctive stand, resulting in many millions of dollars of sales of the Manhasset

Symphony Stand No. 48.

Manhassets Federally Registered Symphony Stand No. 48 Trade Dress

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Manhasset owns a federal trademark registration, Registration No.

2,528,857, for the trade dress embodied in its Symphony Stand No. 48s trade dress,

issued by the United States Patent and Trademark Office on January 15, 2002.

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Affidavits have been filed pursuant to Sections 8 and 15 of the Lanham Act, 15 U.S.C.

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1058 and 1065, and this registration is incontestable. A copy of the Certificate of

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Registration for this trade dress is attached as Exhibit 2.

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12.

Manhasset Symphony Stand No. 48 includes the following features:

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The mark consists of an orchestral music stand comprised of the following

elements:

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a tripodal base assembly having three feet of equal length, with each foot
being in a semi-tubular shape, parabolically turned downward and rounded
at the toe and with each foot having a second end connected to a circular
attachment plate that forms a mantle over the tripodal feet; the attachment
plate being conformed along its circumference to the semi-tubular shape of
the feet; a vertically oriented tapered socket support attached to the base
assembly at its center; the desk having two horizontal ribs, extending
across the width of the desk and being formed by crimping the planar
surface of the desk and being located on the top of the vertical surface of
the desk.
These features are depicted in the Registration as follows:

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COMPLAINT - 4
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STOKES LAWRENCE, P.S.

1420 FIFTH AVENUE, SUITE 3000
SEATTLE, WASHINGTON 98101-2393
(206) 626-6000

Case 1:15-cv-03044

Document 1

Filed 03/17/15

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The trade dress embodied in the Manhasset Symphony Stand No. 48

constitutes protectable trade dress because it is nonfunctional; it reflects a distinctive

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combination of signature design and aesthetic features that identify and distinguish the

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Manhasset stand from other sheet music stands.

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Over the course of Manhassets eighty years of use of this trade dress, the

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features and trade dress of the Manhasset Symphony Stand No. 48 have become well

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known and are immediately recognizable by consumers as representing Manhassets

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high quality, distinctive products, and the Manhasset Symphony Stand No. 48 in

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particular.

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On-Stage Stands Infringing Activities

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15.

Upon information and belief, the Defendant On-Stage Stands, a competing

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music-stand company based in Connecticut, introduced its SM7711 Orchestra Music

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Stand in late 2014. The SM7711 stand is described on the companys website as a

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classic design that fits right in with schools, orchestras, theaters, recital halls, etc.

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Similarly the packaging for the SM7711 stand touts the stand as The New Industry

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Standard . . . A classic and proven design for professionals and serious students. The

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COMPLAINT - 5
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STOKES LAWRENCE, P.S.

1420 FIFTH AVENUE, SUITE 3000
SEATTLE, WASHINGTON 98101-2393
(206) 626-6000

Case 1:15-cv-03044

Document 1

Filed 03/17/15

packaging indicates that the SM7711 stand was designed and engineered in the USA,

Printed and manufactured in China. A product information page from Defendants

website featuring the SM7711 stand is attached as Exhibit 3,

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The SM7711 is confusingly similar to Manhasset Symphony Stand No. 48,

and includes all of the registered elements of Manhassets trade dress. Indeed, the

SM7711 appears to be virtually identical in appearance to the Manhasset Symphony

Stand No. 48:

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Upon information and belief, Defendant has imported, caused to be

imported, sold or offered for sale, the SM7711 stand.

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Defendants SM7711 stand is not manufactured by Manhasset, nor is

Defendant associated with or connected in with Manhasset, or licensed, authorized,

sponsored, endorsed, or approved by Manhasset in any way.

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COMPLAINT - 6
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STOKES LAWRENCE, P.S.

1420 FIFTH AVENUE, SUITE 3000
SEATTLE, WASHINGTON 98101-2393
(206) 626-6000

Case 1:15-cv-03044

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Document 1

Filed 03/17/15

The SM7711 stand sold by Defendant is similar to and competes with

goods sold by Manhasset, and the parties goods are sold through overlapping channels

of trade.

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Upon information and belief, the SM7711 is generally priced just under the

price point of Stand No. 48.

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Upon information and belief, On-Stage Stands sells the SM7711 via its

website and at trade shows.

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Upon information and belief, On-Stage Stands intended for the SM7711 to

compete directly with Manhassets Stand No. 48, and to benefit from and to exploit

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Manhassets long-standing good will and business reputation by adopting Stand No.

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48s signature design features and by deceiving consumers as to the SM7711s source.

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On-Stage Stands imitation of Manhassets registered trade dress in its

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Symphony Stand No. 48, and related activities including its efforts to market the SM

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7711 stand as a classic design create a likelihood that members of the trade and

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customers familiar with the design and aesthetic features of Manhasset Symphony Stand

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No. 48 will be confused as to the source of the SM 7711 stand. As such, Defendants

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use of a confusingly similar imitation of Manhassets Symphony Stand No. 48 is likely

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to deceive, confuse, and mislead members of the trade, prospective purchasers and

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purchasers into believing that the SM7711 stand sold by Defendant is manufactured by,

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authorized by, or in some manner associated with Manhasset which it is not. The

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likelihood of confusion, mistake, and deception engendered by Defendants

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misappropriation of Manhassets trade dress is causing irreparable harm to the goodwill

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symbolized by Manhassets trade dress, and the reputation for quality that it embodies.

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COMPLAINT - 7
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STOKES LAWRENCE, P.S.

1420 FIFTH AVENUE, SUITE 3000
SEATTLE, WASHINGTON 98101-2393
(206) 626-6000

Case 1:15-cv-03044

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Document 1

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On information and belief, Defendant knowingly, willfully, intentionally

and maliciously adopted and used a confusingly similar imitation of Manhassets trade

dress.
FIRST CLAIM
FEDERAL TRADE MARK INFRINGEMENT
15 U.S.C. 1114

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Manhasset realleges the preceding paragraphs and incorporates them

herein.
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On-Stage Stands use of confusingly similar imitations of Manhassets

federally registered trade dress has caused and is likely to cause confusion, deception,

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and mistake by creating the false and misleading impression that Defendants goods are

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manufactured or distributed by Manhasset, or are associated with or connected with

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Manhasset, or have the sponsorship, endorsement, or approval of Manhasset.

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Defendant has used marks confusingly similar to Plaintiffs federally

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registered mark in violation of 15 U.S.C. 1114, and Defendants activities have caused

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and, unless enjoined by this Court, will continue to cause a likelihood of confusion and

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deception of members of the trade and public and, additionally, injury to Plaintiffs

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goodwill and reputation as symbolized by the federally registered trade dress for the

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Manhasset Symphony Stand No. 48.

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28.

Manhassets damages including pecuniary harm are not fully compensable

through monetary relief, and as such Manhasset lacks an adequate remedy at law.
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On-Stage Stands activities have been willful, intentional, and malicious,

making this an exceptional case pursuant to 17 U.S.C. 1117(a)(3).

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COMPLAINT - 8
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STOKES LAWRENCE, P.S.

1420 FIFTH AVENUE, SUITE 3000
SEATTLE, WASHINGTON 98101-2393
(206) 626-6000

Case 1:15-cv-03044

30.

Document 1

Filed 03/17/15

On-Stage Stands activities have causedand unless enjoined by this

Court will continue to causesubstantial injury to the public and to Plaintiff, and

Plaintiff is entitled to injunctive relief and to recover Defendants profits, actual

damages, enhanced profits and damages, costs and reasonable attorneys fees under 15

U.S.C. 1114, 1116 and 1117.

SECOND CLAIM
FEDERAL UNFAIR COMPETITION
15 U.S.C. 1125(a)

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Manhasset realleges the preceding paragraphs and incorporates them

herein.
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Defendants use of confusingly similar imitations of Manhassets trade

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dress has caused and is likely to cause confusion, deception and mistake by creating the

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false and misleading impression that Defendants goods are manufactured or distributed

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by Plaintiff, or are affiliated, connected or associated with Plaintiff, or have the

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sponsorship, endorsement or approval of Plaintiff.

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33.

Defendant has made false representations, false descriptions, and false

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designations of origin of its goods in violation of 15 U.S.C. 1125(a), and Defendants

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activities have caused and, unless enjoined by this Court, will continue to cause, a

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likelihood that members of the trade and the consuming public will be confused and

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misled into believing that Defendants product is actually Plaintiffs, or that Defendant

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or its product are affiliated with or approved by Plaintiff, which they are not, and,

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additionally, will cause injury to Plaintiffs goodwill and reputation as embodied in and

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symbolized by Plaintiffs trade dress, for which Plaintiff has no adequate remedy at law.

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COMPLAINT - 9
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STOKES LAWRENCE, P.S.

1420 FIFTH AVENUE, SUITE 3000
SEATTLE, WASHINGTON 98101-2393
(206) 626-6000

Case 1:15-cv-03044

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Document 1

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On-Stage Stands activities been willful, intentional, and malicious, making

this an exceptional case pursuant to 17 U.S.C. 1117(a)(3).

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On-Stage Stands activities have caused and, unless enjoined by this Court,

will continue to cause substantial injury to the public and to Plaintiff, and Plaintiff is

entitled to injunctive relief and to recover Defendants profits, actual damages,

enhanced profits and damages, costs and reasonable attorneys fees under 15

U.S.C. 1125(a), 1116 and 1117.

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THIRD CLAIM
VIOLATION OF WASHINGTON CONSUMER PROTECTION ACT
RCW 19.86 ET SEQ.
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Manhasset realleges the preceding paragraphs and incorporates them

herein.
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Defendants confusingly similar imitation of the design features and overall

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appearance of Manhasset Symphony Stand No. 48 constitutes an unfair or deceptive act

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or practice.

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Defendants acts alleged herein occurred in the conduct of Defendants

trade or commerce.
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Defendants acts alleged herein were taken and continue to be taken

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maliciously, wantonly, willfully, and with reckless disregard of Manhassets rights, with

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knowledge of their deceptive and misleading nature, and with intent to harm Manhasset.

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40.

Defendants acts alleged herein are damaging to the public interest in

avoiding consumer confusion as to product source.

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STOKES LAWRENCE, P.S.

1420 FIFTH AVENUE, SUITE 3000
SEATTLE, WASHINGTON 98101-2393
(206) 626-6000

Case 1:15-cv-03044

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Document 1

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Defendants acts alleged herein have caused and will continue to cause

immediate and irreparable injury to Manhasset unless and until enjoined. Manhasset

has no adequate remedy at law.

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As a result of Defendants activities, Manhasset has suffered and continues

to suffer damages, and is entitled to recover its actual damages, enhanced damages,

costs and reasonable attorneys fees under RCW 19.86.090.

IV. PRAYER FOR RELIEF

WHEREFORE, Manhasset prays for relief as follows:

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For an injunction barring On-Stage Stands from manufacturing or having

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manufactured, importing, marketing, offering for sale and selling the

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SM7711 stand or any other music stand that incorporates Manhassets

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proprietary trade dress, in whole or in part;

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causes of action;

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3.

For compensatory damages and treble damages in favor of Manhasset and

against the Defendant;

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For judgment in favor of Manhasset and against the Defendant on all

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For the costs of this civil action, together with the reasonable attorneys

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fees that Manhasset has incurred in protecting its rights in its trade dress,

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pursuant to 15 U.S.C. 1116 and/or 1117, RCW 19.86.090 and the

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equity powers of the Court; and

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For all other relief that the Court may deem equitable and proper.

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STOKES LAWRENCE, P.S.

1420 FIFTH AVENUE, SUITE 3000
SEATTLE, WASHINGTON 98101-2393
(206) 626-6000

Case 1:15-cv-03044

Filed 03/17/15

JURY DEMAND

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Document 1

Manhasset requests a jury trial on all triable issues.

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DATED this 17th day of March, 2015.

STOKES LAWRENCE, P.S.

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By: /s/ Shannon M. Jost

Shannon M. Jost (WSBA #32511)
Brendan V. Monahan (WSBA # 22315)
Joan E. Hemphill (WSBA #40931)
1420 Fifth Avenue, Suite 3000
Seattle, Washington 98101-2393
Telephone: (206) 626-6000
Fax: (206) 464-1496
Email: SMJ@stokeslaw.com
Email: BVM@stokeslaw.com
Email: JEH@stokeslaw.com
Attorneys for Plaintiff Manhasset Specialty
Company, Inc.

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STOKES LAWRENCE, P.S.

1420 FIFTH AVENUE, SUITE 3000
SEATTLE, WASHINGTON 98101-2393
(206) 626-6000

Case 1:15-cv-03044

Filed 03/17/15

CERTIFICATE OF SERVICE

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Document 1

I hereby certify that on March 17, 2015, I caused the foregoing Complaint to be:

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electronically filed with the Clerk of the Court using the CM/ECF system.

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/s/ Shannon M. Jost

Shannon M. Jost (WSBA #32511)
Brendan V. Monahan (WSBA #22315)
Joan E. Hemphill (WSBA #40931)
STOKES LAWRENCE, P.S.
1420 Fifth Avenue, Suite 3000
Seattle, Washington 98101-2393
Telephone: (206) 626-6000
Fax: (206) 464-1496
Email: SMJ@stokeslaw.com
Email: BVM@stokeslaw.com
Email: JEH@stokeslaw.com
Attorneys for Plaintiff Manhasset Specialty
Company, Inc.

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COMPLAINT - 13
48675-003 \ 1983438.DOCX

STOKES LAWRENCE, P.S.

1420 FIFTH AVENUE, SUITE 3000
SEATTLE, WASHINGTON 98101-2393
(206) 626-6000