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1- COMPLAINT FOR RELIEF
11/25/2013 1:00:41 PM METM.003
!"#$%&'!
) $**+,-$.'* /,
406 West 12th Street
Vancouver, WA 98660
(360) 750-9931
Kurt M. Rylander, OSB No. 944271
rylander¸rylanderlaw.com
Mark E. Beatty, OSB No. 092603
beatty¸rylanderlaw.com
RYLANDER & ASSOCIATES PC
406 West 12
th
Street
Vancouver, WA 98660
Tel: 360.750.9931
Fax: 360.397.0473
Attorneys Ior PlaintiII




IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON


METABOLIC MAINTENANCE
PRODUCTS, INC., an Oregon
Corporation,

PlaintiII(s),
v.

HEALTH MENTORS, LLC, a
Washington limited liability company,

DeIendant(s).
No. __________________________
COMPLAINT
For Trademark InIringement, UnIair
Competition, UnIair Trade Practices,
Damages, and Equitable RelieI

JURY TRIAL DEMANDED

COMES NOW PlaintiII, METABOLIC MAINTENANCE PRODUCTS, INC., and
by this Complaint seek money damages and equitable relieI against DeIendant HEALTH
MENTORS, LLC, a Washington limited liability company, Ior: (1) trademark
inIringement; (2) unIair competition in violation oI Section 43(a) oI the Lanham Act; (3)
trademark inIringement under common law; (4) unIair practices in violation oI RCW 19.86
!" $!%&; and, (5) unIair competition under common law, and alleges as Iollows:

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2- COMPLAINT FOR RELIEF
11/25/2013 1:00:41 PM METM.003
!"#$%&'!
) $**+,-$.'* /,
406 West 12th Street
Vancouver, WA 98660
(360) 750-9931
JURISDICTION AND VENUE
1. This Court has subject matter jurisdiction over this action This Court has
Federal Question jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1338 and
15 U.S.C. § 1121 as an action arising under the laws oI the United States, including
Lanham Action sections 15 U.S.C. §§ 1111, 1114, 1116, 1117, and 1125.
2. This Court has pendent jurisdiction over the state unIair competition and
associated claims under 28 U.S.C. § 1338(b) in that said claims are joined with substantial
and related claims under the Trademark Laws oI the United States, 15 U.S.C. §§ 1051, et
seq. This Court also has supplemental jurisdiction pursuant to 28 U.S.C. § 1367. Pursuant
to Rule 9(c), PlaintiII pleads that all acts and conditions precedent Ior establishing
jurisdiction have been perIormed or have occurred.
3. PlaintiII is inIormed and believes and on that basis alleges that this Court has
personal jurisdiction over the DeIendant by virtue oI its transacting and doing business in
this judicial district.
4. PlaintiII is inIormed and believes and on that basis alleges that venue lies in
this judicial district, pursuant to 28 U.S.C. § 1391(b) and/or (c) and the Lanham Act, in that
the claims substantially arose in this jurisdiction as a result oI acts committed by DeIendant
within this judicial district in the course oI DeIendant doing business in this district.
PARTIES
5. PlaintiII, METABOLIC MAINTENANCE PRODUCTS, INC., is an Oregon
corporation with principal place oI business in Sisters, Oregon. PlaintiII advertises,
markets, distributes, and sells dietary and nutritional supplements. As part oI its business
operations, PlaintiII uses the Mark METHYLPRO® ('the Mark¨ or 'PlaintiII`s Mark¨).
Case 3:l3-cv-02095-PK Document l Filed ll/25/l3 Page 2 of l9 Page lD#: 2



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3- COMPLAINT FOR RELIEF
11/25/2013 1:00:41 PM METM.003
!"#$%&'!
) $**+,-$.'* /,
406 West 12th Street
Vancouver, WA 98660
(360) 750-9931
6. PlaintiII is inIormed and believes and on that basis alleges that DeIendant,
HEALTH MENTORS, LLC, a Washington limited liability company conducting business
in the State oI Oregon, and by such extensive conduct, residing in the State oI Oregon.
COMMON ALLEGATIONS OF FACT
7. PlaintiII sells and has sold dietary and nutritional supplements, under the
mark METHYLPRO®. PlaintiII identiIies its product lines using the distinctive
METHYLPRO® Mark. PlaintiII`s Mark is distinctive and/or has acquired secondary
meaning in conjunction with the sale and marketing oI dietary and nutritional supplements.
8. The United States Patent & Trademark OIIice has registered PlaintiII`s Mark
METHYLPRO® in typed Iorm on the Principal Register, US Reg. 4,412,308 in October 1,
2013 in International Class 005 Ior dietary and nutritional supplements. A true and correct
copy oI United States Trademark Registration, 4,412,308 is attached as Exhibit A hereto
and incorporated by reIerence.
9. In addition to using METHYLPRO® as a mark Ior goods sold in commerce,
PlaintiII uses the Mark as a trade name, METHYLPRO and the website
www.methylpro.com to identiIy its business in selling products, including dietary and
nutritional supplements.
10. PlaintiII is inIormed and believes and on that basis alleges that DeIendant
sells the same or similar product using PlaintiII`s Mark to similar consumers. Chart A
below is a side by side exempliIication oI PlaintiII`s product, on the leIt, and DeIendant`s
product, on the right:

Case 3:l3-cv-02095-PK Document l Filed ll/25/l3 Page 3 of l9 Page lD#: 3



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4- COMPLAINT FOR RELIEF
11/25/2013 1:00:41 PM METM.003
!"#$%&'!
) $**+,-$.'* /,
406 West 12th Street
Vancouver, WA 98660
(360) 750-9931
CHART A
Plaintiff`s dietary supplement Defendant`s dietary supplement

11. PlaintiII is inIormed and believes and on that basis alleges that DeIendant`s
products sold under PlaintiII`s Mark are related to PlaintiII and/or the conditions
surrounding DeIendant`s marketing are such that the products would be encountered by the
same purchasers as PlaintiII`s products under circumstances that would give rise to the
mistaken belieI that the goods come Irom a common source.
12. PlaintiII is inIormed and believes and on that basis alleges that the products
oI DeIendant and PlaintiII sold under PlaintiII`s Mark are both used to sell dietary
supplements, and are accordingly related and would be subject to similar marketing
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5- COMPLAINT FOR RELIEF
11/25/2013 1:00:41 PM METM.003
!"#$%&'!
) $**+,-$.'* /,
406 West 12th Street
Vancouver, WA 98660
(360) 750-9931
techniques and sold in similar retail outlets.
13. In PlaintiII`s registration Ior its Mark, the goods are identiIied broadly as
dietary supplements and thereIore the registration encompasses all goods oI the type
described that move in all normal channels oI trade, and that are available to all potential
customers.
14. PlaintiII is inIormed and believes and on that basis alleges that the goods oI
both parties are sold in similar stores because they are both sold Ior very similar purposes,
namely, dietary and nutritional supplements, and thereIore consumers who seek out the
products oI one party could very easily be seeking out products oI the other, such that
conIusion as to source is likely upon seeing such similar marks being used.
15. PlaintiII has developed signiIicant good will and reputation and derives
signiIicant value Irom use oI the METHYLPRO® mark to identiIy its products and
business.
16. PlaintiII is the exclusive owner oI the registered, statutory and common law
trademark rights in the METHYLPRO® mark Ior dietary and nutritional supplements.
17. PlaintiII has expended substantial time and resources to promote its
reputation and develop goodwill in its mark METHYLPRO®, including marketing,
advertising, and website development.
18. PlaintiII markets and sells its products under the METHYLPRO® mark
throughout the United States and internationally. PlaintiII markets and sells directly to
purchasing consumers, including doctors.
19. DeIendant uses a name conIusingly similar to PlaintiII`s Mark on the
packaging and labeling and advertising material Ior its competing product METHYL PRO.
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6- COMPLAINT FOR RELIEF
11/25/2013 1:00:41 PM METM.003
!"#$%&'!
) $**+,-$.'* /,
406 West 12th Street
Vancouver, WA 98660
(360) 750-9931
20. DeIendant uses a name conIusingly similar to PlaintiII`s Mark
METHYLPRO® in and on its website(s) and webpage(s).
21. PlaintiII is inIormed and believes and on that basis alleges that DeIendant`s
use oI a name conIusingly similar to PlaintiII`s Mark METHYLPRO® in DeIendant`s
sales, advertising, labeling, packaging, meta data, and websites is likely to conIuse
consumers searching Ior PlaintiII`s products on the Internet.
22. DeIendant`s use oI names conIusingly similar to PlaintiII`s Mark
METHYLPRO in DeIendant`s websites will misdirect consumers seeking PlaintiII`s
website and intending to shop Ior PlaintiII`s products by taking these consumers directly to
DeIendant`s inIringing website.
23. PlaintiII is inIormed and believes and on that basis alleges that DeIendant
use oI the product name METHYL PRO is conIusingly similar to and likely to be conIused
with PlaintiII`s Mark. DeIendant has used the terms to market and sell goods and services
which are substantially similar to those marketed by PlaintiII using PlaintiII`s Mark, in the
same geographic area, and continues to do so. SpeciIically, DeIendant has used and
continues to use name(s) conIusingly similar to PlaintiII`s Mark to market and sell dietary
and nutritional supplements.
24. PlaintiII is inIormed and believes and on that basis alleges that PlaintiII`s
products and DeIendant`s products are likely to be sold to, and or sought by, the same or
similar customers, thus increasing the likelihood oI conIusion.
25. PlaintiII competes against DeIendant in the marketplace, and speciIically in
the market Ior dietary and nutritional supplements.
26. PlaintiII is inIormed and believes and on that basis alleges that DeIendant`s
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7- COMPLAINT FOR RELIEF
11/25/2013 1:00:41 PM METM.003
!"#$%&'!
) $**+,-$.'* /,
406 West 12th Street
Vancouver, WA 98660
(360) 750-9931
use oI the conIusingly similar name and website Ior the same or similar types oI products as
those covered by PlaintiII`s Mark is likely to conIuse customers, and/or has conIused
customers, into believing that DeIendant is the PlaintiII and/or that DeIendant`s products
are the products oI PlaintiII and/or are sponsored by, approved by, connected to, aIIiliated
with, or associated with PlaintiII or PlaintiII`s product, and/or that DeIendant`s products
and PlaintiII`s products have the same or similar source; and PlaintiII was damaged and/or
is likely to continue to be damaged by the actions oI DeIendant.
27. PlaintiII is inIormed and believes and on that basis alleges that DeIendant`s
inIringing use was and is willIul and knowing; that DeIendant`s use oI names conIusingly
similar and nearly identical to PlaintiII`s Mark was and is without the consent oI PlaintiII;
that DeIendant has knowledge oI PlaintiII company, mark and website; that DeIendant was
put on notice by PlaintiII that DeIendant`s use oI names conIusingly similar and nearly
identical to PlaintiII`s Mark was unauthorized; that as oI the date oI this Complaint,
DeIendant has not stopped its use; and that DeIendant uses names conIusingly similar and
nearly identical to PlaintiII`s Mark METHYLPRO® as a product name, web name, and
online advertising term speciIically and intentionally to trade on PlaintiII`s Mark and
goodwill.
28. DeIendant`s ongoing inIringing activities are causing, and will continue to
cause, irreparable harm to PlaintiII, which cannot be Iully compensated by money damages.
29. PlaintiII is inIormed and believes and on that basis alleges that DeIendant
intends to continue its inIringing actions in the Iuture, and PlaintiII will continue to suIIer
harm, including conIusion by consumers in the marketplace.
30. The public has an overriding interest in avoiding conIusion oI trade names
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8- COMPLAINT FOR RELIEF
11/25/2013 1:00:41 PM METM.003
!"#$%&'!
) $**+,-$.'* /,
406 West 12th Street
Vancouver, WA 98660
(360) 750-9931
and marks and in the enIorcement oI trademark laws.
31. PlaintiII is inIormed and believes and on that basis alleges that DeIendant
has used METHYL PRO, which is conIusingly similar and nearly identical to PlaintiII`s
Mark METHYLPRO®, as product names and web names to advertise, ship to, and sell
goods in Oregon which compete with PlaintiII`s goods in the same channels oI commerce,
and has shipped these products to one or more purchasers in Oregon.
32. As oI the date oI the Iiling oI this suit, DeIendant has not ceased using the
conIusing name, including use oI METHYL PRO product name and the associated
website(s), despite being put on notice.
33. PlaintiII is inIormed and believes and on that basis alleges that DeIendant
used and uses names and terms substantially similar to and likely to be conIused with
PlaintiII`s Mark in the same geographic area, and continues to do so, Ior the purpose oI
marketing dietary and nutritional supplements, directly competing with the dietary and
nutritional supplements oI PlaintiII.
34. PlaintiII is inIormed and believes and on that basis alleges that DeIendant`s
use oI its conIusingly similar name, including use oI METHYL PRO and the associated
website(s), Ior the same or similar products in the same geographic areas as those covered
by PlaintiII`s Mark is likely to conIuse customers into believing that DeIendant is the
PlaintiII and/or that DeIendant`s products are the products oI PlaintiII and/or are sponsored
by, aIIiliated with, or associated with PlaintiII; that DeIendant`s oIIending use, including
use oI METHYL PRO and the associated website(s), is so similar in appearance, sound,
and meaning to PlaintiII`s Mark, particularly when used in conjunction with the sale oI
dietary and nutritional supplements, that its use is likely to cause conIusion among or cause
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9- COMPLAINT FOR RELIEF
11/25/2013 1:00:41 PM METM.003
!"#$%&'!
) $**+,-$.'* /,
406 West 12th Street
Vancouver, WA 98660
(360) 750-9931
mistake by or deceive ordinary purchasers oI PlaintiII`s products as to the source,
aIIiliation, attribution connection, and/or association oI DeIendant or DeIendant`s products
with PlaintiII or PlaintiII`s products; that DeIendant`s oIIending use, including use oI
METHYL PRO and the associated website(s), is so similar in appearance, sound, and
meaning to PlaintiII`s Mark, particularly when used in conjunction with the sale oI dietary
and nutritional supplements, that DeIendant`s use is likely to cause conIusion among or
cause mistake by or deceive ordinary purchasers oI PlaintiII`s products as to the
sponsorship and approval oI DeIendant`s products and activities by PlaintiII, and PlaintiII
was damaged and is likely to continue to be damaged by DeIendant`s acts.
FIRST CLAIM FOR RELIEF
(Trademark InIringement under the Lanham Act)
35. PlaintiII re-alleges every paragraph in this Complaint.
36. PlaintiII is the exclusive owner oI the common law and statutory rights to
the METHYLPRO® Mark Ior dietary and nutritional supplements.
37. PlaintiII uses its Mark to identiIy PlaintiII`s goods and services in
commerce. PlaintiII derives substantial value, good will, and business reputation Irom the
exclusive use by PlaintiII oI PlaintiII`s Mark. Because oI PlaintiII`s exclusive use oI its
registered mark and the good will and reputation associated with PlaintiII goods, PlaintiII`s
Mark has developed signiIicance in the minds oI the public as an identiIier oI the source
and quality oI PlaintiII`s goods and services.
38. PlaintiII`s Mark is inherently distinctive and/or, among dietary and
nutritional supplements community in Oregon, it has acquired distinctiveness; the use oI the
Mark in connection with dietary and nutritional supplements has endured over time;
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10- COMPLAINT FOR RELIEF
11/25/2013 1:00:41 PM METM.003
!"#$%&'!
) $**+,-$.'* /,
406 West 12th Street
Vancouver, WA 98660
(360) 750-9931
PlaintiII has used the Mark Ior its goods and services in the relevant marketplace; and there
is signiIicant recognition by consumers in the relevant marketplace oI PlaintiII`s Mark.
39. PlaintiII is inIormed and believes and on that basis alleges that DeIendant
inIringed and misappropriated PlaintiII`s registered trademark in commerce without
permission; that DeIendant`s inIringing uses oI names conIusingly similar and nearly
identical to PlaintiII`s registered mark are likely to and/or have caused actual conIusion
with consumers as to the source oI goods and aIIiliation oI DeIendant to PlaintiII; that
DeIendant`s inIringing uses diminish the value oI PlaintiII`s Mark, goodwill and business
reputation; and that the nature and extent oI misappropriation oI PlaintiII`s Mark by
DeIendant is signiIicant and willIul.
40. PlaintiII is inIormed and believes and on that basis alleges that DeIendant`s
acts were willIul, malicious and knowing, and that this is an exceptional case under 15
U.S.C. §1117.
41. PlaintiII has and will suIIer immediate irreparable damage and ongoing harm
to its business, reputation, and goodwill by reasons oI DeIendant`s unlawIul acts unless
DeIendant is restrained and enjoined, and PlaintiII is without adequate remedy at law.
42. Accordingly, DeIendant is liable to PlaintiII Ior recovery oI all oI
DeIendant`s proIits, Ior PlaintiII`s damages, Ior statutory treble damages, and Ior attorneys`
Iees and costs.
SECOND CLAIM FOR RELIEF
(Violation oI Section 43(a) oI the Lanham Act)
43. PlaintiII re-alleges every paragraph in this Complaint.
44. DeIendant engaged in unIair competition in violation oI Section 43 oI the
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11- COMPLAINT FOR RELIEF
11/25/2013 1:00:41 PM METM.003
!"#$%&'!
) $**+,-$.'* /,
406 West 12th Street
Vancouver, WA 98660
(360) 750-9931
Lanham Act, 15 U.S.C. § 1125.
45. PlaintiII`s METHYLPRO® Mark has become uniquely associated with the
PlaintiII and is distinctive in the skin care products marketplace.
46. PlaintiII is inIormed and believes and on that basis alleges that DeIendant
has engaged in unIair competition against PlaintiII in violation oI Section 43(a) oI the
Lanham Act; that DeIendants marketed and market in the same market place and
geographic business area dietary and nutritional supplements, under the attribution
METHYL PRO in such a way as to be conIusingly similar, and to look like, PlaintiII`s
Mark and by that marketing Ialsely advertised and advertises and Ialsely represented and
represents DeIendant and/or DeIendant`s goods in a manner which reasonably implies that
DeIendant either is the same as or is aIIiliated with PlaintiII, and/or DeIendant`s good are
those oI PlaintiII, and DeIendant causes, has caused, and is likely to continue to cause a
likelihood oI conIusion, mistake and deception as to the aIIiliation, attribution, connection
or association oI DeIendant and/or DeIendant`s goods with PlaintiII.
47. PlaintiII is inIormed and believes and on that basis alleges that DeIendant`s
aIoresaid advertising and promotional activities misrepresent the nature, characteristics, and
qualities oI its commercial activities.
48. PlaintiII is inIormed and believes and on that basis alleges that DeIendant`s
unauthorized uses oI names conIusingly similar and nearly identical to PlaintiII`s Mark, are
likely to cause, have caused, and will continue to cause likelihood oI conIusion, mistake,
and deception as to the origin oI DeIendant`s goods and services and as to the sponsorship,
approval, aIIiliation, or attribution oI DeIendant or DeIendant`s goods and services.
49. DeIendant has reIused to cease and desist Irom its unlawIul activities despite
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12- COMPLAINT FOR RELIEF
11/25/2013 1:00:41 PM METM.003
!"#$%&'!
) $**+,-$.'* /,
406 West 12th Street
Vancouver, WA 98660
(360) 750-9931
PlaintiII`s demand.
50. PlaintiII is entitled to compensation to the extent possible Ior damages,
general and special, consequential, and incidental, in an amount to be proven at trial, Ior the
harm caused by DeIendant, and Ior attorneys` Iees, costs, and pre- and post-judgment
interest.
51. PlaintiII is inIormed and believes and on that basis alleges that DeIendant`s
acts were willIul, malicious and knowing, and that this is an exceptional case under 15
U.S.C. §1117.
52. PlaintiII has and will suIIer immediate irreparable damage and ongoing harm
to its business, reputation, and goodwill by reasons oI DeIendant`s unlawIul acts unless
DeIendant is restrained and enjoined, and PlaintiII is without adequate remedy at law.
53. Accordingly, PlaintiII demands an amount oI money damages to compensate
the PlaintiII Ior the harm caused, including but not limited to DeIendant`s proIits, statutory
and/or punitive damages, as well as equitable relieI, attorneys` Iees, costs, and interest.
THIRD CLAIM FOR RELIEF
(Trademark InIringement under Common Law)
54. PlaintiII re-alleges every paragraph in this Complaint.
55. PlaintiII is the sole owner oI the distinctive trademark METHYLPRO® Ior
dietary and nutritional supplements. PlaintiII uses the Mark to identiIy PlaintiII`s goods
and services in commerce. PlaintiII derives substantial value, good will, and business
reputation Irom the exclusive use oI PlaintiII`s Mark in the relevant marketplace, including
Oregon, as well as throughout the United States. Because oI PlaintiII`s exclusive use oI its
registered Mark and the good will and reputation associated with PlaintiII, PlaintiII`s Mark
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13- COMPLAINT FOR RELIEF
11/25/2013 1:00:41 PM METM.003
!"#$%&'!
) $**+,-$.'* /,
406 West 12th Street
Vancouver, WA 98660
(360) 750-9931
has developed secondary meaning and signiIicance in the minds oI the public.
56. DeIendant inIringed and misappropriated PlaintiII`s Mark in commerce
without permission. DeIendant`s inIringement is likely to and has caused conIusion by the
public and diminishes the value oI PlaintiII` mark, goodwill and business reputation.
57. PlaintiII is inIormed and believes and on that basis alleges that DeIendant`s
misappropriation oI PlaintiII`s labors and expenditures in creating and building PlaintiII`s
Mark has likely caused actual conIusion and is likely to continue to cause conIusion and to
deceive the public as to the origin oI DeIendant`s goods and services and business and/or
DeIendant`s relationship to PlaintiII.
58. The acts oI the DeIendant constitute inIringement oI PlaintiII`s Mark under
Oregon law.
59. PlaintiII is inIormed and believes and on that basis alleges that DeIendant
willIully and maliciously inIringed in commerce PlaintiII`s Mark; that by its aIoresaid
conduct DeIendant willIully, maliciously, and in bad Iaith attempted to pass oII its business
and/or goods and services as the business and/or goods and services oI PlaintiII or as an
aIIiliate oI PlaintiII, and is attempting to Ialsely and Iraudulently deceive the marketplace to
the substantial detriment oI PlaintiII`s business, reputation, and good will.
60. PlaintiII is inIormed and believes and on that basis alleges that DeIendant`s
inIringement was and is knowing, willIul, and malicious.
61. PlaintiII is entitled to compensation to the extent possible in damages,
general and special, consequential, and incidental, in an amount to be proven at trial, Ior the
harm caused by DeIendant, and Ior attorneys` Iees, costs, and pre- and post-judgment
interest.
Case 3:l3-cv-02095-PK Document l Filed ll/25/l3 Page l3 of l9 Page lD#: l3



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14- COMPLAINT FOR RELIEF
11/25/2013 1:00:41 PM METM.003
!"#$%&'!
) $**+,-$.'* /,
406 West 12th Street
Vancouver, WA 98660
(360) 750-9931
62. PlaintiII has and will suIIer immediate irreparable damage and ongoing harm
to its business, reputation, and goodwill by reasons oI DeIendant`s unlawIul acts unless
DeIendant is restrained and enjoined, and PlaintiII is without adequate remedy at law.
63. Accordingly, PlaintiII demands an amount oI money damages to compensate
the PlaintiII Ior the harm caused, including but not limited to DeIendant`s proIits, statutory
and/or punitive damages, as well as equitable relieI, attorneys` Iees, costs, and interest.
FOURTH CLAIM FOR RELIEF
(Violation of the Washington`s Consumer Protection Act)
1. PlaintiII realleges every paragraph in this Complaint.
2. PlaintiII is inIormed and believes and on that basis alleges that DeIendant
violated Washington`s Consumer Protection Act, RCW 19.86 !" $!%&; that PlaintiII was
proximately and directly harmed by DeIendant`s violation oI Washington`s Consumer
Protection Act; and that DeIendant`s inIringement oI PlaintiII`s Mark and trade name is and
should be considered a '!( $! violation oI the Act.
3. PlaintiII is inIormed and believes and on that basis alleges that DeIendant`s
appropriation oI PlaintiII`s Mark tends to and does deceive or mislead persons oI ordinary
caution into the belieI that they are dealing with PlaintiII when in Iact they are dealing with
DeIendant.
4. PlaintiII is inIormed and believes and on that basis alleges that DeIendant
engaged in a pattern, capable oI repetition, oI unIair and deceptive practices by
misrepresenting to third parties the attribution and origin and aIIiliation with PlaintiII oI
DeIendant`s products by using the name METHYL PRO to advertise DeIendant`s product;
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15- COMPLAINT FOR RELIEF
11/25/2013 1:00:41 PM METM.003
!"#$%&'!
) $**+,-$.'* /,
406 West 12th Street
Vancouver, WA 98660
(360) 750-9931
and that DeIendant engaged in these acts and representations in trade and commerce, across
state lines, through the mails and wires.
5. PlaintiII is inIormed and believes and on that basis alleges that DeIendant`s
deceptive and unIair practices aIIected the signiIicant public interest avoiding conIusion oI
the public, and the signiIicant public interest in the proper attribution oI products.
6. PlaintiII has and will suIIer immediate irreparable damage and harm to its
business, reputation, and goodwill by reasons oI deIendant`s unlawIul acts unless
DeIendant is restrained and enjoined an, and PlaintiII is without adequate remedy at law.
FIFTH CLAIM FOR RELIEF
(UnIair Competition under Common Law)
64. PlaintiII re-alleges every paragraph in this Complaint.
65. DeIendant has willIully, maliciously, and in bad Iaith attempted to pass oII
its business and/or goods and services as the business and/or goods and services oI PlaintiII
or as an aIIiliate oI PlaintiII, and attempt to Ialsely and Iraudulently deceive the
marketplace to the substantial detriment oI PlaintiII`s business, reputation, and good will.
66. DeIendant`s misappropriation oI PlaintiII`s labors and expenditures in
creating and building the distinctive reputation oI PlaintiII is likely to and has caused actual
conIusion, and is likely to continue to cause conIusion and to deceive the public as to the
origin oI DeIendant`s goods and business and/or DeIendant`s relationship to PlaintiII.
67. The acts oI the DeIendant constitute unIair competition against the PlaintiII
under Oregon and/or Washington common law.
68. PlaintiII is inIormed and believes and on that basis alleges that DeIendant`s
unlawIul acts were and are knowing, willIul, and malicious.
Case 3:l3-cv-02095-PK Document l Filed ll/25/l3 Page l5 of l9 Page lD#: l5



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16- COMPLAINT FOR RELIEF
11/25/2013 1:00:41 PM METM.003
!"#$%&'!
) $**+,-$.'* /,
406 West 12th Street
Vancouver, WA 98660
(360) 750-9931
69. PlaintiII is entitled to compensation to the extent possible in damages,
general and special, consequential and incidental, in an amount to be proven at trial, Ior the
harm caused by DeIendant, and Ior attorneys` Iees, costs, and pre- and post-judgment
interest.
70. PlaintiII has and will suIIer immediate irreparable damage and ongoing harm
to its business, reputation, and goodwill by reasons oI DeIendant`s unlawIul acts unless
DeIendant is restrained and enjoined, and PlaintiII is without adequate remedy at law.
71. Accordingly, PlaintiII demands an amount oI money damages to compensate
the PlaintiII Ior the harm caused, including but not limited to DeIendant`s proIits, statutory
and/or punitive damages, as well as equitable relieI, attorneys` Iees, costs, and interest.
PRAYER FOR RELIEF
WHEREFORE PlaintiII prays Ior judgment in its Iavor as Iollows:
A. For judgment in Iavor oI PlaintiII against DeIendant on all claims;
B. Declaring PlaintiII`s Mark valid and inIringed by DeIendant;
C. Enjoining and Restraining DeIendant temporarily, preliminarily, and
permanently:
(1) Irom directly or indirectly using PlaintiII`s Mark or any conIusingly
similar version or imitation thereoI in relation to DeIendant`s marketing, sale, and/or
description oI DeIendant`s business or goods and services;
(2) Irom using PlaintiII`s Mark or any conIusingly similar version or
imitation thereoI in any advertising or promotional material, whether printed, verbal,
broadcast, electronically transmitted or otherwise;
(3) Irom using PlaintiII`s Mark or any conIusingly similar version or
Case 3:l3-cv-02095-PK Document l Filed ll/25/l3 Page l6 of l9 Page lD#: l6



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17- COMPLAINT FOR RELIEF
11/25/2013 1:00:41 PM METM.003
!"#$%&'!
) $**+,-$.'* /,
406 West 12th Street
Vancouver, WA 98660
(360) 750-9931
imitation thereoI on or in connection with any Internet address owned or controlled, in
whole or in part, by DeIendant, DeIendant`s privies, and/or DeIendant`s relatives,
associates, agents, successors in interest, employees, principals, oIIicers, and shareholders;
(4) Irom using the PlaintiII`s Mark or any conIusingly similar version or
imitation thereoI in any radio, television, or other media advertising; and,
(5) to remove those portions oI DeIendant marketing material and
website which are similar to PlaintiII`s Mark Irom each and every oI DeIendant`s business
addresses, locations, and signage, and Irom any and all literature, documentation,
advertisements, business cards, vehicles, brochures, oI any type or kind;
(6) to remove the PlaintiII`s Mark and any conIusingly similar name or
designation Irom each and every oI DeIendant`s web site pages and whatever web site
address DeIendant use, and Irom any and all literature, documentation, advertisements,
brochures, oI any type or kind;
D. Ordering DeIendant to identiIy the location and content oI any and all
production Iacilities, stores, inventories, stockpiles or distribution centers containing
inIringing articles oI which it has knowledge, including products, accessories, designs,
logos, prints, electronic Iiles, and any other things, oI which DeIendant has knowledge,
whether owned or controlled by DeIendant or any other party;
E. Ordering impoundment, destruction and veriIication oI such destruction, oI
any things identiIied in the preceding paragraph;
F. Enjoining and Restraining DeIendant(s) to write to each and every customer
oI DeIendant who has ordered dietary and nutritional supplements Irom DeIendant wherein
the purchase or product was associated with the term 'METHYL PRO¨ or
Case 3:l3-cv-02095-PK Document l Filed ll/25/l3 Page l7 of l9 Page lD#: l7



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18- COMPLAINT FOR RELIEF
11/25/2013 1:00:41 PM METM.003
!"#$%&'!
) $**+,-$.'* /,
406 West 12th Street
Vancouver, WA 98660
(360) 750-9931
'METHYLPRO¨, and in such writing to state that DeIendant is not related to, aIIiliated
with, associated with, or sponsored by PlaintiII, and do not have any relationship with
PlaintiII, that DeIendant`s goods and services are not those oI PlaintiII, and Iurther to a
provide the address and phone number oI PlaintiII to each customer, and Iinally to return to
the Court with a copy to PlaintiII`s attorney oI prooI oI compliance with this Order within
ninety (90) days oI entry thereoI;
G. Enjoining and Restraining DeIendant temporarily, preliminarily, and
permanently, Irom Iurther violations oI the Lanham Act
H. Enjoining and Restraining DeIendant temporarily, preliminarily, and
permanently, Irom Iurther violations oI Washington`s Consumer Protection Act;
I. Ordering an Accounting and Disgorgement oI DeIendant`s proIits made
while using the PlaintiII`s Mark to market, promote, and/or sell DeIendant`s products,
whether directly or through other parties, such Accounting to include tracing the monies
and property received by DeIendant to its real and personal property and bank and
brokerage accounts, and Disgorgement thereoI;
J. Awarding to PlaintiII compensatory, general and special, consequential and
incidental damages in an amount to be determined at trial;
K. Awarding exemplary, punitive, statutory, treble damages to PlaintiII against
DeIendant, jointly and severally;
L. Declaring this to be an exceptional case within 15 U.S.C. § 1117;
M. Awarding PlaintiII`s its reasonable attorneys` Iees and costs, including costs
Ior experts, pursuant to State and Federal law;
N. Awarding Pre- and post- judgment interest; and
Case 3:l3-cv-02095-PK Document l Filed ll/25/l3 Page l8 of l9 Page lD#: l8



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19- COMPLAINT FOR RELIEF
11/25/2013 1:00:41 PM METM.003
!"#$%&'!
) $**+,-$.'* /,
406 West 12th Street
Vancouver, WA 98660
(360) 750-9931
O. Entering such other and Iurther relieI as the Court deems appropriate.
JURY DEMAND
PlaintiII hereby demands trial by jury in this action.

DATED This November 25, 2013 /s/ Kurt M. Rylander
KURT M. RYLANDER, OSB 944271
MARK E. BEATTY, OSB 092603

RYLANDER & ASSOCIATES PC
406 West 12
th
Street
Vancouver, WA 98660
Tel: (360) 750-9931
Fax: (360) 397-0473
E-mail: rylander¸paciIier.com
OI Attorneys Ior PlaintiII
Case 3:l3-cv-02095-PK Document l Filed ll/25/l3 Page l9 of l9 Page lD#: l9

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