DWT 24141815v1 0093810-000007

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DAVIS WRIGHT TREMAINE LLP
1300 S.W. Fifth Avenue, Suite 2400
Portland, Oregon 97201-5610
(503) 241-2300 main (503) 778-5299 fax
JOHN F. MCGRORY, JR., OSB #813115
johnmcgrory@dwt.com
KALEY L. FENDALL, OSB #093509
kaleyfendall@dwt.com
DAVIS WRIGHT TREMAINE LLP
1300 S.W. Fifth Avenue, Suite 2400
Portland, Oregon 97201-5610
Telephone: (503) 241-2300
Facsimile: (503) 778-5299

Attorneys for Plaintiff







IN THE UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
AT PORTLAND

LEATHERMAN TOOL GROUP, INC., an
Oregon Corporation,

PLAINTIFF,

v.

ARMITAGE HARDWARE AND
BUILDING SUPPLY, INC., an Illinois
Corporation, d/b/a ARMITAGE DIRECT and
LEATHERMANTOOL.COM,

DEFENDANT.

Case No.______________


COMPLAINT

Trademark Infringement (15 U.S.C.
§1114), Cybersquatting (15 U.S.C.
§1125(d)), Unfair Competition and False
Designation of Origin (15 U.S.C.
§1125(a)), and Common Law Unfair
Competition

DEMAND FOR JURY TRIAL

For its Complaint against Defendant Armitage Hardware and Building Supply
(“Defendant”), Plaintiff Leatherman Tool Group, Inc. (“Leatherman”) alleges as follows:
JURISDICTION AND VENUE
1. This is an action for trademark infringement, unfair competition and false
designation of origin, and cybersquatting arising under the Lanham Act, 15 U.S.C. §§ 1051, et
seq., and for unfair competition under the laws of the State of Oregon.
Case 3:l4-cv-00823-MO Document l Filed 05/l9/l4 Page l of ll Page lD#: l
3:14-cv-823

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DAVIS WRIGHT TREMAINE LLP
1300 S.W. Fifth Avenue, Suite 2400
Portland, Oregon 97201-5610
(503) 241-2300 main (503) 778-5299 fax
2. This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331,
1338(a) and (b), and 15 U.S.C. § 1121 because it arises under the Lanham Act, 15 U.S.C.
§§ 1051, et seq. Jurisdiction over the Oregon common-law claim is also appropriate as this
claim is so related to the claims under the Lanham Act that it forms part of the same case and
controversy, and hence falls within the scope of this Court’s supplemental jurisdiction pursuant
to 28 U.S.C. § 1338(b) and 1367.
3. This Court has personal jurisdiction over Defendant because Defendant has
engaged in unlawful and purposeful conduct directed towards Leatherman, an Oregon
corporation, and therefore has caused injury to Leatherman in Oregon. Venue is proper in the
District of Oregon pursuant to 28 U.S.C. § 1391(b) because a substantial part of the events
giving rise to these claims occurred in Oregon, and because Defendant is subject to personal
jurisdiction in Oregon.
THE PARTIES
4. Leatherman is an Oregon corporation, with its principal place of business in
Portland, Oregon. Leatherman manufactures and distributes engineered multi-tools, pocket
tools, and knives that are designed for outdoor, tactical, professional, and general use.
Leatherman’s products are distributed throughout the United States and internationally.
5. Defendant is an Illinois corporation, with its principal place of business in
Chicago, Illinois. On information and belief, Defendant owns and operates both Armitage Direct
and www.leathermantool.com, an online retail site that sells multi-tools, pocket tools, and knives
that are manufactured by Leatherman.
LEATHERMAN’S TRADEMARKS AND BUSINESS
6. Since 1983, Leatherman has engineered, manufactured, and sold high quality
multi-tools, pocket tools, and knives.
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DAVIS WRIGHT TREMAINE LLP
1300 S.W. Fifth Avenue, Suite 2400
Portland, Oregon 97201-5610
(503) 241-2300 main (503) 778-5299 fax
7. Leatherman is the owner of the entire right, title and interest in and to, the
following federally-registered trademarks and service marks (collectively, the “LEATHERMAN
marks”):
Trademark Registration
No.
Registration Date Goods
LEATHERMAN 3486021 08/12/2008 Knives, namely, pocket knives,
folding knives, sport knives, hunting
knives, fixed blade knives, camping
knives and survival knives; knife
sharpeners; hand tools, namely,
pruners and game shears; sheaths for
knives and multi-function tools;
multi-function hunting knife
comprised of two or more of the
following components: knife blade,
gut hook, bone saw and sharpener;
multi-function hunting hand tool
comprised of two or more of the
following components: bypass
shears, wire cutters, saw, knife
blade, choke tube tool, screwdriver,
awl and bottle opener; multi-
function gardening hand tool
comprised of two or more of the
following components: bypass
pruners, wire cutters, weed remover,
grafting knife, bark lifter, saw,
screwdriver, sprinkler tool, bottle
opener, and ruler.
LEATHERMAN 1325473 03/19/1985 Multiple function folding pocket
tool.
8. Leatherman markets and sells its products under the LEATHERMAN marks
throughout the United States and internationally. Leatherman maintains a network of authorized
distributors and resellers who also market and sell Leatherman’s products under the
LEATHERMAN marks. Additionally, Leatherman promotes and sells its products to consumers
directly both online at www.leatherman.com, as well as in its retail store, The Leatherman Store,
located in Portland, Oregon.
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DAVIS WRIGHT TREMAINE LLP
1300 S.W. Fifth Avenue, Suite 2400
Portland, Oregon 97201-5610
(503) 241-2300 main (503) 778-5299 fax
9. Leatherman has expended substantial time and resources promoting and
advertising its products under the LEATHERMAN marks both throughout the United States and
internationally. Due to the widespread promotion of the LEATHERMAN marks, consumers,
potential consumers, and the general public have come to rely upon the LEATHERMAN marks
as an indication that the products sold under the name or mark originate from or are otherwise
associated with Leatherman.
10. Additionally, consumers, potential consumers, and the general public associate
the LEATHERMAN marks with exceptional design, quality, and customer service. As a result
of this recognition, Leatherman has developed significant goodwill and reputation and derives
substantial value from use of the LEATHERMAN marks to identify their products and business.
DEFENDANT’S UNLAWFUL CONDUCT
11. Defendant is neither an authorized distributor nor an authorized reseller of
Leatherman’s products. Despite the fact that Defendant is not authorized to distribute or sell
Leatherman products, Defendant promotes and sells multi-tools, pocket tools, and knives
designed manufactured by Leatherman on its website, www.leathermantool.com, which
prominently states on the top of the homepage, “Welcome to leathermantool.com.” A true and
correct copy of a screenshot of the www.leathermantool.com homepage is attached hereto as
Exhibit 1.
12. Defendant has registered and uses the domain name www.leathermantool.com, a
URL that consists of the LEATHERMAN marks, and is confusingly similar to the
LEATHERMAN marks and Leatherman’s own official website, www.leatherman.com. By
using the LEATHERMAN marks in the domain name of www.leathermantool.com, Defendant
directs consumers and potential consumers interested in purchasing Leatherman products on
www.leatherman.com to Defendant’s infringing website for its own commercial gain.
13. In addition to Defendant’s use of the LEATHERMAN marks in the domain name
www.leathermantool.com, Defendant also uses the LEATHERMAN marks in the “meta tags” of
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DAVIS WRIGHT TREMAINE LLP
1300 S.W. Fifth Avenue, Suite 2400
Portland, Oregon 97201-5610
(503) 241-2300 main (503) 778-5299 fax
www.leathermantool.com to direct consumers to its infringing website. “Meta tags” are text that
is present on a webpage but not visible to the user, so that web browsers such as Google.com,
Bing.com, or Yahoo.com will find and index the webpage as associated with a specified search
term. By using a specified search term in multiple locations on a webpage, or at other locations
within a website, a web browser will rank that webpage higher in its search results when a user
searches a web browser using that specified search term. Defendant uses several meta tags on its
infringing website, www.leathermantool.com, that include use of the LEATHERMAN marks,
including but not limited to “leatherman,” “leatherman tool,” “leatherman multi tool,
“leatherman knife,” “leatherman knives,” “leatherman wave,” and “leatherman skeletool.” A
true and correct copy of the meta tags used on www.leathermantool.com is attached hereto as
Exhibit 2.
14. Defendant’s use of the domain name www.leathermantool.com, and use of the
LEATHERMAN marks in the meta tags for its website, is not only intended but likely to
misdirect consumers intending to purchase Leatherman’s products from its official website at
www.leatherman.com by taking these consumers or potential consumers directly to Defendant’s
infringing website. For instance, a search on web browser Google.com using the search term
“leatherman tool” ranks Defendant’s infringing website www.leathermantool.com highly among
its many search results. A true and correct screenshot of this search on Google.com is attached
hereto as Exhibit 3.
15. Additionally, Defendant’s use of the LEATHERMAN marks in the URL
www.leathermantool.com, as well as its use of the LEATHERMAN marks in the meta tags of its
infringing website, is likely to cause confusion, to cause mistake, or to deceive consumers and
the public into believing that www.leathermantool.com is associated with and/or sponsored or
endorsed by Leatherman.
16. Defendant’s use of the LEATHERMAN marks in the domain name
www.leathermantool.com is also more than is reasonably necessary to describe and conduct
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DAVIS WRIGHT TREMAINE LLP
1300 S.W. Fifth Avenue, Suite 2400
Portland, Oregon 97201-5610
(503) 241-2300 main (503) 778-5299 fax
Defendant’s business of selling multi-tools, pocket tools, and knives manufactured by
Leatherman.
FIRST CLAIM FOR RELIEF
(Trademark Infringement – Lanham Act – 15 U.S.C. § 1114)
17. Leatherman realleges and incorporates by reference the allegations contained in
Paragraphs 1 through 16 above.
18. The LEATHERMAN marks are distinctive, have become well-recognized in the
mind of consumers, potential consumers, and the general public with Leatherman’s products, and
have come to represent the goodwill and reputation associated with Leatherman’s products and
customer service.
19. Without Leatherman’s authorization or permission, and having knowledge of
Leatherman’s prior rights in the LEATHERMAN marks, and the fact that Defendant’s infringing
website www.leathermantool.com uses marks identical and/or confusingly similar to the
LEATHERMAN marks, Defendant has used and operated www.leathermantool.com to sell
Leatherman products in direct competition with Leatherman, with the bad faith intent to profit
from the LEATHERMAN marks by diverting consumer internet traffic to Defendant’s infringing
website.
20. Defendant’s unlawful and unauthorized use of the LEATHERMAN marks in
conjunction with its infringing website, www.leathermantool.com, is likely to cause confusion,
or to cause mistake, or to deceive consumers, potential consumers, and the public into believing
that Defendant’s infringing website originates from, is associated with, or is otherwise authorized
by Leatherman in violation of 15 U.S.C. § 1114.
21. As a result of Defendant’s infringement, Leatherman is likely to be injured, either
by a direct diversion of sales from Leatherman to Defendant, or by a lessening of goodwill or
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DAVIS WRIGHT TREMAINE LLP
1300 S.W. Fifth Avenue, Suite 2400
Portland, Oregon 97201-5610
(503) 241-2300 main (503) 778-5299 fax
reputation associated with Leatherman’s products, entitling Leatherman to damages in an amount
to be determined at trial.
22. Leatherman has no adequate remedy at law and, if the Defendant’s activities are
not enjoined, Leatherman will continue to suffer irreparable harm and injury to its goodwill and
reputation.
23. Defendant’s unlawful and unauthorized use of the LEATHERMAN marks in
connection with its infringing website was both knowing and intentional, and thus Defendant’s
actions constitute exceptional, willful, and deliberate conduct, entitling Leatherman to its
reasonable attorneys’ fees and costs incurred in connection with this lawsuit pursuant to 15
U.S.C. § 1117.
SECOND CLAIM FOR RELIEF
(Cybersquatting – Anticybersquatting Consumer Protection Act – 15 U.S.C. § 1125(d))
24. Leatherman realleges and incorporates by reference the allegations contained in
Paragraphs 1 through 23 above.
25. Defendant’s knowing and willful use of the infringing domain name,
www.leathermantool.com, is confusingly similar to one or more of the LEATHERMAN marks,
which were distinctive and/or well-recognized at the time Defendant registered its infringing
domain name.
26. Defendant has registered and used the infringing domain name,
www.leathermantool.com, for its own commercial gain with a bad-faith intent to profit from the
LEATHERMAN marks by diverting consumer internet traffic to Defendant’s infringing website,
and by creating a likelihood of confusion as to the source, sponsorship, affiliation, or
endorsement of the site, all in violation of 15 U.S.C. § 1125(d)(1).
27. As a result of Defendant’s infringing domain name, Leatherman is likely to be
injured, either by a direct diversion of sales from Leatherman to Defendant, or by a lessening of
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DAVIS WRIGHT TREMAINE LLP
1300 S.W. Fifth Avenue, Suite 2400
Portland, Oregon 97201-5610
(503) 241-2300 main (503) 778-5299 fax
goodwill or reputation associated with Leatherman’s products, entitling Leatherman to damages
in an amount to be determined at trial.
28. Leatherman has no adequate remedy at law and, if the Defendant’s activities are
not enjoined, Leatherman will continue to suffer irreparable harm and injury to its goodwill and
reputation.
29. Defendant’s unlawful use of the infringing domain name was both knowing and
intentional, and thus Defendant’s actions constitute exceptional, willful, and deliberate conduct,
entitling Leatherman to its reasonable attorneys’ fees and costs incurred in connection with this
lawsuit pursuant to 15 U.S.C. § 1117.
THIRD CLAIM FOR RELIEF
(Unfair Competition and False Designation of Origin – Lanham Act – 15 U.S.C. § 1125(a))
30. Leatherman realleges and incorporates by reference the allegations contained in
Paragraphs 1 through 29 above.
31. Defendant’s infringing website, www.leathermantool.com, concerns the same
nature and type of products sold and offered for sale by Leatherman, and therefore Defendant’s
unlawful, unauthorized, and willful use of the LEATHERMAN marks in connection with
www.leathermantool.com is likely to cause confusion among consumers, potential consumers,
and the general public.
32. Defendant’s unlawful use of the LEATHERMAN marks in connection with its
infringing website, www.leathermantool.com, is likely to cause confusion, or to cause mistake,
or to deceive consumers, potential consumers, and the public into believing that Defendant’s
infringing website originates from, is associated with, or is otherwise authorized by Leatherman
in violation of 15 U.S.C. § 1125(a).
33. As a result of Defendant’s improper use of the LEATHERMAN marks in
connection with its infringing website, Leatherman is likely to be injured, either by a direct
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DAVIS WRIGHT TREMAINE LLP
1300 S.W. Fifth Avenue, Suite 2400
Portland, Oregon 97201-5610
(503) 241-2300 main (503) 778-5299 fax
diversion of sales from Leatherman to Defendant, or by a lessening of goodwill or reputation
associated with Leatherman’s products, entitling Leatherman to damages in an amount to be
determined at trial.
34. Leatherman has no adequate remedy at law and, if the Defendant’s activities are
not enjoined, Leatherman will continue to suffer irreparable harm and injury to its goodwill and
reputation.
35. Defendant’s unlawful use of the LEATHERMAN marks in connection with its
infringing website was both knowing and intentional, and thus Defendant’s actions constitute
exceptional, willful, and deliberate conduct, entitling Leatherman to its reasonable attorneys’
fees and costs incurred in connection with this lawsuit pursuant to 15 U.S.C. § 1117.
FOURTH CLAIM FOR RELIEF
(Common Law Unfair Competition)
36. Leatherman realleges and incorporates by reference the allegations contained in
Paragraphs 1 through 35 above.
37. As a result of Leatherman’s efforts in designing, manufacturing, and promoting
Leatherman’s products, Leatherman has built-up valuable goodwill in the LEATHERMAN
marks. As such, the LEATHERMAN marks have not only become associated with
Leatherman’s products, but have also come to represent Leatherman’s exceptional design,
quality, and customer service.
38. Defendant, with full knowledge of Leatherman’s ownership and interest in the
LEATHERMAN marks, has used such marks in operating its website www.leathermantool.com
in order to divert consumer traffic to defendant’s infringing website. Defendant’s unauthorized
and unlawful use of the LEATHERMAN marks in connection with www.leathermantool.com is
likely to cause confusion, or to cause mistake, or to deceive consumers, potential consumers, and
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DAVIS WRIGHT TREMAINE LLP
1300 S.W. Fifth Avenue, Suite 2400
Portland, Oregon 97201-5610
(503) 241-2300 main (503) 778-5299 fax
the public into believing that Defendant’s infringing website originates from, is associated with,
or is otherwise authorized by Leatherman in violation of the common law of the State of Oregon.
39. As a result of Defendant’s unlawful and improper use of the LEATHERMAN
marks in connection with its infringing website, Leatherman is likely to be injured, either by a
direct diversion of sales from Leatherman to Defendant, or by a lessening of goodwill or
reputation associated with Leatherman’s products, entitling Leatherman to damages in an amount
to be determined at trail.
40. Leatherman has no adequate remedy at law and, if the Defendant’s activities are
not enjoined, Leatherman will continue to suffer irreparable harm and injury to its goodwill and
reputation.
41. As a result of Defendant’s unlawful conduct, Leatherman has incurred attorneys’
fees and costs, including fees and costs incurred in connection with this lawsuit to which it is
entitled.
PRAYER FOR RELIEF
WHEREFORE, Leatherman prays that:
1. Defendant be permanently enjoined and restrained from: (a) using the
LEATHERMAN marks, or any other federally-registered trademark owned by Leatherman, in
connection with the domain name www.leathermantool.com; (b) registering or using any domain
names that include the LEATHERMAN marks or any other terms that constitute a colorable
imitation of that mark; and (c) otherwise infringing on the LEATHERMAN mark, or committing
any act calculated to confuse or mislead consumers, potential consumers, or the general public
into believing that Defendant’s business is associated with or sponsored by Leatherman, or that
Defendant’s products are those sold under the control and supervision of Leatherman, or
otherwise sponsored, approved, or endorsed by Leatherman.
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DAVIS WRIGHT TREMAINE LLP
1300 S.W. Fifth Avenue, Suite 2400
Portland, Oregon 97201-5610
(503) 241-2300 main (503) 778-5299 fax
2. Defendant be ordered to disable www.leathermantool.com, and cancel, forfeit, or
transfer the domain name www.leathermantool.com to Leatherman in accordance with 15 U.S.C.
§ 1125(d)(1)(C).
3. Defendant be ordered to file with this Court and serve on Leatherman’s counsel
within thirty (30) days after the Court’s issuance of a judgment, a report setting forth in detail the
manner and form in which Defendant has complied with Paragraph 1 and 2 of Leatherman’s
Prayer for Relief.
4. Defendant be required to pay Leatherman all damages suffered as a result of
Defendant’s unauthorized and unlawful use of the LEATHERMAN marks in connection with its
website www.leathermantool.com, in an amount to be determined at trial.
5. Defendant be required to pay costs of suit, including reasonable attorneys’ fees
and expert witness fees.
6. Leatherman be granted such other and further relief as this Court deems just and
equitable.
DATED this 19th day of May, 2014.
DAVIS WRIGHT TREMAINE LLP



By /s/ Kaley L. Fendall
John F. McGrory, Jr., OSB #813115
johnmcgrory@dwt.com
Kaley L. Fendall, OSB #093509
kaleyfendall@dwt.com
Telephone: (503) 241-2300
Facsimile: (503) 778-5299

Attorneys for Plaintiff
Case 3:l4-cv-00823-MO Document l Filed 05/l9/l4 Page ll of ll Page lD#: ll

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