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Case 3:15-cv-00748-PK

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EXHIBIT A

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Case 3:15-cv-00748-PK

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LEMOINE LAW FIRM
1631 NE Br~adway Street, Box 722
Portland, OR 97232
Tel: (503) 799-9745
eFax: (213) 402-3812
ganolemoine@lemoinefinn.com
www .lemoinefinn.com
April 6, 2015
Microdaq.co~

LTD.

879 Maple Street
P.O. box439
Contoocook, NH 03229
ATTN: CEO I LEGAL DEPARTMENT

u:s.

VIA
MAIL, and
U.S. Certified Mail, return
receipt requested.

Robert R. Howard III
I 0 Main Street
Henniker, NH 03242
VIA U.S. MAIL, and
ATTN: REGISTERED AGENT for Service of U.S. Certified Mail, return
Process for Microdaq.com, LTD. (Per NB Sec. of
receipt requested.
State records)

RE:

Control Solutions, Inc., v. Microdaq.co~ Inc.
Civil Case No.: 15CV08320
Circuit Court of the State or Oregon, Columbia County

Service of Process
Dear Sir or Madame:
Pursuant to Oregon Rules of Civil Procedure enclosed is the SUM:MONS and
COMPLAINT in the above referenced matter, filed April 3, 2015.

Enclosures:

SUMMO S
COMPLAINT

Exhibit A
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IN THE CIRCUIT COURT QF THE STATE OF OREGON

3

COUNTY OF COLUMBIA

4

CONTROL SOLUTIONS, INC.,

5
6

7
8

.Plaintiff,
vs.
Microdaq.com, Inc., a New Hampshire
corporation,
Does 1through10,

9

Defendants.

10

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)
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Case No.

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SUMMONS

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TO DEFENDANT: NIICRODAQ.COM, LTD.
Address:

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Agent for Service of Process:

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Robert R. Howard, ID
10 Main Street
Henniker, NH 03242

17
18
19
20

879 Maple Street
P.O. Box439
Contoocook, NH 03229

You are hereby required to appear and defend the complaint filed against you in
the above entitled cause within thirty (30) days from the date of service of this
summons upon you, and in case of your failure to do so, for want thereof
Plaintiff(s) will apply to the court for the relief demanded in the complaint.
NOTICE TO THE DEFENDANT:
READ THESE PAPERS CAREFULLY!

21
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25

You must "appear" in this case or the other side will win
automatically. To "appear" you must file with the court a legal paper
called a "motion" or "answer." The "motion" or "answer" must be
given to the court clerk or administrator within 30 days along with
the required filing fee. It must be in proper form and have proof of
service on the plaintiffs attorney or, if the plaintiff does not have an
attorney, proof of service upon the plaintiff.

26

If you have any questions, you should see an attorney immediately.

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Page 1 of2
SUMMONS

L EMOINE LAW FIRM

1631 NE Broadway Street, Box 722
Portland, OR 97232
(503) 799-9745
Exhibit A
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If you need help in finding an attorney, you may contact the Oregon
State
Bar's
Lawyer
Referral
Service
online
at
www.oregonstatebar.org or by calling (503) 684-3763 (in the
Portland Metropolitan area), or toll-free elsewhere in Oregon at
(800) 452-7636.

2
3
4

5

Dated:

6

?i/~
ine, OR Bar No.: 13234
Lemoine aw Finn
1631 NE Bro~dway Street, Box 722
Portland, OR 97232
Tel: (503) 799-9745
Fax: (213) 402-3812
Email: ganolemoine@lemoinefirm.com

7

8
9

10
Attorney for Plaintiff,
CONTROL SOLUTIONS, INC.

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STATE OF OREGON

)

County of Multnomah

)

) SS.

exact and complete copy of the original swnmons

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16

19

TO THE PERSON SERVING TIIlS SU1\1MONS:

20

You are hereby directed to serve a true copy of this summons, together with a true
copy of the complaint mentioned therein, upon the individual(s) or other legal
entity(ies) to whom or which this summons is directed, and to make your proof of
service, and an Affidavit of Service upon documents which you shall attach hereto.

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Page2 of2
SUMMONS

LEMOINE LAW FIRM
1631 NE Broadway Street, Box 722
Portland, OR 97232
(503) 799-9745
Exhibit A
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41312015 4:17:45 PM
15CV08320

/

2
3

4

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6

IN THE CIRCUIT COURT OF THE STATE OF OREGON

1

8

COUNTY OF COLUMBIA
)

CONTROL SOLUTIONS, INC.,
Plaintiff,

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vs.
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MicrodaQ.com, Inc., a New Hampshire
corporation,
Does I through 10,

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COMPLAINT FOR DAMAGES

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(UNLAWFUL BUSINESS PRACTICES,
TRADEMARK INFRINGEMENT)

)

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Defendants.

Ul ?;

Scio a.&

Case No.

)

9

NOT SUBJECT TO MANDATORY
ARBITRATION

)

Prayer Amount: $1,200,000

)
)

(Filing Fee Per ORS 21.160)

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16
17

18

NOW·INTO COURT, though undersigned counsel, comes Plaintiff, Control Solutions, Inc.,
which avers as follows:

19

I.

20

Plaintiff, Control Solutions, Inc., is a corporation organi7.ed under the laws of the State of

21

Oregon, duly registered and in good standing with the Oregon Secretary of State, and with its

22

principal place of business at 35851 Industrial Way, Suite D, St Helens, OR. County of

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Columbia. Control Solutions is in the business of selling certified, calibrated thennometers and
24
25

26

data "loggers," devices that record temperature readings over time. Control Solutions has been in
business since 1996, selling throughout the 50 U.S. states and internationally.

2.

27

Gano

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Oigllally signed by Gano LemoiM

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ooLemoine Uiw Firm. ou,

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COMPLAINT FOR DAMAGES

Exhibit A
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Case 3:15-cv-00748-PK

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1

2
3
4

Defendant, Microdaq.com, Ltd., is a corporation organi7.ed under the laws of the State of New
Hampshire, having its principal place of business at 879 Maple Street, P.O. Box 439,
Contooc-00~ NH 03229, with its Agent for Service of Process being listed as Robert R. Howar~

5
6

Ill, 10 Main Street, Henniker, NH 03242. Defendant is also in the business of selling certified

7

and calibrated temperature reading and logging devices, advertising its devices via the internet in

8

all 50 U.S. states, including Oregon.

9

3.

1
O Does 1 through 10 are presently unknown persons.
11

4.

12
13

14

This action is brought pursuant to:
ORS§ 646.608 (Additional·unlawful business, trade practices);

15

ORS§ 646.638 (Civil action by private party);

16

ORS 647.135 et seq, (Trademark counterfeiting);

17

ORS 647.107, (Trade Name Anti-dilution statute);

18

Interference with prospective business advantage;

19
Intentional Interference with Economic Relations ;

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21

Common Law Trademark Infringement;

22

15 U.S.C. § 1114 (Trademark Infringement);

23

15 U.S.C. § 1125, Section 43(a) of the LANHAM ACT;

24

and such other laws as may be applicable.

25

26

s.
Jurisdiction is proper in this Honorable Court pursuant to ORCP 4(D)(l - 2), Local injwy;

27

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foreign act, and because, upon infonnation

and belief, Defendant has used the Control Solutions'

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COMPLAINT FOR DAMAGES

Exhibit A
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Case 3:15-cv-00748-PK

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I

trademark{s), trade name{s), and product name{s) in connection with the sale of goods and/or

2

provision of services within this State, or has·engaged in acts or omissions within this State

3

causing injury to Control Solutions, or has engaged in acts or omissions outside of this State

4

s
6

causing injury within this State, or has otherwise established contacts within this State sufficient
to permit the exercise of personal jurisdiction.

6.

7

8

Venue is proper in this Honorable Court and Circuit pursuant to ORS 14.030 and 14.080 in that

9

the causes of action, business losses and financial hann., and injury to Control Solutions'

1
O business and business interests occurred in St. Helens, OR, in the County of Columbia.
11

7.

12
13

14

Control Solutions advertises and sells its thermometers and temperature logger devices
throughout the United States and internationally, through its web domain

15

"www.vfcdataloggers.com," and through its comj>any name, Control Solutions, Inc., and has

16

been doing so since 2009.

17
18

8.
Having advertised and sold its thermometers and temperature logger devices throughout the

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21

United States through its web domain "www.vfcdataloggers.com" since 2009, Control Solutions
has established common law trademark and trade name rights and protection in the marks

22

"www.vfcdataloggers.com" and "Control Solutions" from 2009 in the geographic areas in which

23

those marks were used.

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9.

25

The web domain "www.vfcdataloggers.com" was initially obtained, register~ and used by

26

Control Solutions on the internet in 2009, thereby reinforcing Control Solutions' common law

27
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trademark and trade name rights and protection in that mark from 2009 forward.
Page 3of15
COMPLAINT FOR DAMAGES

Exhibit A
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Case 3:15-cv-00748-PK

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10.
2

3

On February 3, 2015, Control Solutions filed the mark '"vfcdataloggers.com" with the U.S.
Trademark Office, Number 86522855, thereby entitling Control Solutions to federal statutory

4
trademark protection from that filing date forward.

5
11.

6
7
8

Control Solutions sells versions of certified and calibrated temperature reading and logging
devices under the following product names, and has done so since the referenced times:

9

10

Product Name

Name used since:

VFC Data Logger

2009

VFC5000

2009

Control Solutions Data Logger

2009

Control Solutions Logger

2009

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Having actively used the above terms in commerce throughout the United States, and since the
referenced dates, Control Solutions is entitled to common law trademark protection regarding
those terms as of the dates of first use and in the geographic areas in which those marks were

19
20

used.

21

12.

22

Considering Control Solutions' longstanding sales history selling its products nationwide and

23

internationally, via the internet, and via bids to various U.S. state agencies, Control Solutions'

24

company name, trademarks, trade names, and product names and numbers have come to signify

25

Control Solutions' products in the minds of a significant portion of consumers, with Control

26
Solutions' marks evoking favorable images of Control Solutions and its products, and thereby
27
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possessing the distinctive quality of advertising value and consumer recognition, association, and
Page 4of15
COMPLAINT FOR DAMAGES

Exhibit A
Page 7 of 18

Case 3:15-cv-00748-PK

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Document 1-1

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acceptance.

2
3

Filed 05/01/15

13.
Defendant, Microdaq.com, Ltd., ("Microdaq") was formed, according to the New Hampshire

4
Secretary of State information, on November 13, 2000.
5

14.

6

7

On or about February 28, 2015, Control Solutions learned that Defendant, Microdaq.com, Ltd.,

8

was using Control Solutions' trademarks, trade names, product names and/or part numbers in

9

Google advertising "Adword" campaigns purchased/placed by Defendant, such that an internet

IO
11

user searching one of Control Solutions' trademarks, trade names and/or product names/numbers
would receive as a search result a reference and hyperlink to Defendant/Defendant's website and

12

13

purchasing system instead of Control Solutions, Inc.
15.

14
15

In so doing, Defendant misappropriated Control Solutions' trademarks, trade names and product

16

names, including but not limited to:

17

18

vfcdatalogger
VFC Data Logger

19
VFC5000
20
21

22

Control Solutions Data Logger
Control Solutions Logger

23

16.

24

In so doing, Defendant drove customers that had searched for a Control Solutions trademark,

25

26

trade name, product name/number away from Control Solutions website and purchasing system,
and to Defendant's website and purchasing system.

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17.

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Page 5of15
COMPLAINT FOR DAMAGES

Exhibit A
Page 8 of 18

Case 3:15-cv-00748-PK

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Filed 05/01/15

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1

By Defendant using Control Solutions' trademarks, trade names and product names/numbers in

2

Defendant's Google Adwords advertising campaigns, internet search results of Control

3

Solutions' trademarks, trade names and product names/numbers, as evidenced in the internet

4

screen shots attached as Exhibit A, returned the following search results and hyperlinks to
5
6
7

Control Solutions Reference:

8

VFC Data Logger

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Defendant's website:

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Google Search Result:

VFC Data Logger - MicroDAQ.com
www.microdaq.com/LogTagRecorders
VFC Data Logger In Stock Order Online for Fast
Shinning
Vfc-5000 In Stock - Direct-Connect USB Data
VFC5000
Loggers
www.microdaQ.com/ (603) xxx-xxxx (redacted)
Control Solutions Data Logger Control Solutions Data Logger - MicroDAQ.com
www.microdaq.com/LogTagRecorders
Control Solutions Data Logger In Stock Order Online
for Fast Shipping
Control Solutions Logger
Control Solutions Logger
www.microdaq.com/LogTagRecorder (603) xxx-xxx
(redacted)
Control Solutions Logger In Stock Order Online for
Fast Shipping

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18
See printout of such search results attached as Exhibit A.
19
18.

20
21

On March 10, 2015, Control Solutions sent a Cease and Desist letter via email to Defendant

22

demanding that Defendant cease using Control Solutions' trademarks, trade names, product

23

names/numbers.

24
25

19.

On March 11, 2015, Ed Lombardi, identified as Defendant's Sales & Marketing Manager,

26
replied, admitting that at least two Google Adwords campaigns had been in place which
27

28

infringed on Control Solutions' trademarks, trade names and/or product names and/or
Page 6of15
COMPLAINT FOR DAMAGES

Exhibit A
Page 9 of 18

Case 3:15-cv-00748-PK

1
2

3
4

5

6
7

8

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Filed 05/01/15

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product/part numbers, replying as follows:
I want to start off by apologizing to you and let you know that both
AdWords campaigns have been removed. I had no idea that we had a
campaign running that targeted part numbers unique to Control
SolutionsNFCDATALOGGERS.com. This is unacceptable and I can
assure you it won't happen again. MicroDAQ.com, Ltd. prides itself on
always being honest with its customers and advertising a product we don't
sell, such as your VFC-5000 logger, goes against this core value. Had I
known of it I would have never approved it being run.
I understand how customers might be misled by the campaign given your
trademarked VFCDATALOGGERS.com

9

10

Document 1-1

20.
The above communication is an admission that Defendant was running Adword campaigns
utilizing Control Solutions' trademarks, trade names, product names and/or numbers.

12
21.

13
14

As the result of the foregoing actions Control Solutions lost sales of its products with such sales

15

going to Defendant instead.

16
17

22.
Because Control Solutions typically receives revenue from recertifying devices it has sold to

18
customers, loss of sales because of Defendant's wrongful conduct has also resulted in Control
19

20

Solutions loss of future revenue which would have been generated from the future sale of

21

additional devices to prior customers, along with revenue which would have been generated from

22

annual re-calibration/certification of previously sold devices.

23

CLAIMS FOR RELIEF
(ORS § 646.608, Unlawful Businessffrade Practices)

24

23.

25

26

Control Solutions incorporates the allegations of all paragraphs above.

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24.

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Page 7of15
COMPLAINT FOR DAMAGES

Exhibit A
Page 10 of 18

Case 3:15-cv-00748-PK

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Filed 05/01/15

Page 12 of 19

Defendant's conduct constitutes unlawful business and trade practices in that, in the course of

2

3

business, Defendant ( 1) caused the likelihood of confusion or of misunderstanding as to the
sources, sponsorship, or approval of goods and/or services, (2) caused the likelihood of

4

confusion or of misunderstanding as to affiliation, connection, or association with, or

5
6

certification by, another, (3) represented goods and/or services as having sponsorship, approval,

7

characteristics, qualities as to goods and/or services that did not have such sponsorship, approval,

8

characteristics or qualities, and in such other ways as will be proven at trial.

9

CLAIM FOR RELIEF
(ORS § 646.638, Civil Action by Private Party)

IO

25.

11
12

Control Solutions incorporates the allegations of all paragraphs above.

13

26.

14
Defendant's acts in violation of ORS§ 646.608 entitle Control Solutions to actual damages,

15
16

punitive damages, equitable relief, and reasonable attorneys fees and costs.

CLAIM FOR RELIEF

17

(ORS 647.135, Trademark counterfeiting)

18
27.

19
20

Control Solutions incorporates the allegations of all paragraphs above.
28.

21

22
23
24

Defendant's acts constitute trademark counterfeiting pursuant to ORS 647.135 in that Defendant
knowingly and with the intent to sell or distribute and without the consent of the registrant,
Control Solutions, used, displayed, advertised, distributed, and offered for sale, items and

25
services that were identified using a counterfeit of Control Solutions mark(s).
26

CLAIM FOR RELIEF

27

(ORS 647.105, Remedies for Infringement)

28
Page 8of15
COMPLAINT FOR DAMAGES

Exhibit A
Page 11 of 18

Case 3:15-cv-00748-PK

Document 1-1

Filed 05/01/15

Page 13 of 19

29.

2

Control Solutions incorporates the allegations of all paragraphs above.

3
3
4

5
6
7

Defendants acts in violation of ORS § 647 et seq entitle Control Solutions to, among other
damages, all profits the Defendant derived and all damages Control Solutions suffered from the
use, display or sale or Control Solutions marks.

8
9

3 l.
It is alleged Defendant acted in bad faith, thereby entitling Control Solutions to three times the

10
sum of the Defendant' s profits and Control Solutions damages and reasonable attorneys fees.

11

CLAIM FOR RELIEF

12

(ORS 647.107, Injunctive Relief)

13

32.

14

15
16

17

To the extent Defendant is or in the future does improperly use Control Solutions trademarks,
trade names, product names/numbers, Control Solutions is entitled to injunctive relief pursuant to
ORS 647.107.

18

CLAIM FOR RELIEF
(Interference with Prospective Business Advantage)

19

33.

20

21

Control Solutions incorporates the allegations of all paragraphs above.

22
23

34.
Defendant's conduct constitutes interference with prospective business advantage as (1) an

24
economic interest existed in internet users that searched Control Solutions trademarks, trade

25

26

names, product names/numbers, that, as evidenced by the search by such users, had a probability

27

of future economic benefit to Control Solutions, (2) Defendant knew or should have known of

28

such prospective relationship, (3) Defendant's wrongful acts disrupted such relationship, (4) the
Page 9 of IS
COMPLAINT FOR DAMAGES

Exhibit A
Page 12 of 18

Case 3:15-cv-00748-PK

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Page 14 of 19

acts did disrupt such relationship, (5) resulting in economic damages to Control Solutions

2 proximately caused by Defendant's acts.
3

CLAIM FOR RELIEF
(Intentional Interference with Economic Relations)

4

35.
5
6

Control Solutions incorporates the allegations of all paragraphs above.

36.

7

8

Defendant's conduct constitutes intentional interference with economic relations as it was (1) an

9

intentional interference with a proposed economic relationship, that being an internet user that

IO

searched for Control Solutions trademarks, trade names, product names and/or numbers; (2) with

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an improper motive or by use of improper means; and (3) resulting in damage beyond the fact of
interference itself.
CLAIMS FOR RELIEF
(Common Law Trademark Infringement of the Control Solutions' Marks)

15
37.

16
17

Control Solutions incorporates the allegations of all paragraphs above.

38.

18
19

By reason of Control Solutions prior use of the Control Solutions' Marks, for temperature

20

measurement and logging, and related products and services, Control Solutions has acquired

21

common law trademark rights in the Control Solutions marks for such goods and services.

22
39.

23
24

25

Defendant's use of Control Solution's marks in Defenc:lant's Google Adword advertising
campaigns, and the resulting return of search results delivered to consumers has likely caused

26 confusion, and therefore has infringed on Control Solutions rights in its marks.
27

40.

28
Page 10of15
COMPLAINT FOR DAMAGES

Exhibit A
Page 13 of 18

Case 3:15-cv-00748-PK

Document 1-1

Filed 05/01/15

Page 15 of 19

1

Control Solutions has been and may continue to be damaged by Defendant's actions unless

2

Defendant is enjoined from using Control Solutions marks.

3

41.

4

Defendant's actions have been willful and malicious, with full knowledge of Control Solutions'

5

6

trademark rights, and in deliberate or reckless disregard of Control Solutions' rights. As a

1

consequence, Control Solutions is entitled to injunctive relief, damages, its costs, Defendant's

8

profits, and punitive damages.
Q

9

lO
11

To the extent Defendant's supervisory personnel were unaware of the Google Adword
campaigns improperly misappropriating and misrepresenting Control Solutions' trademarks,

12
13

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trade names and/or product names/numbers, Defendant is liable for the acts of its employees
through respondeat superior.

CLAIM FOR RELIEF

15

(15 U.S.C. § 1114, Trademark Infringement of the Registered Mark)
16
43.

17
18

Control Solutions incorporates the allegations of all previous paragraphs above.
44.

19

20

Control Solutions is the sole owner of the Control Solutions mark "vcfdataloggers.com.., USPTO

21

No. 86522855.

22

45.

23
24
25

26

The goods and services provided by Control Solutions under and through the registered mark are
nearly identical to goods and services provided by Defendant under its infringing use of the mark
in Adword campaigns.

27

46.

28
Page 11 of 15
COMPLAINT FOR DAMAGES

Exhibit A
Page 14 of 18

Case 3:15-cv-00748-PK

Document 1-1

Filed 05/01/15

Page 16 of 19

1 The infringing use of the mark in Adword campaigns is very similar to the registered mark,
2

3

being the dominant portion of both marks, and substantially the entire mark is subsumed in
Defendant's infringing mark and/or use.

4
47.

5
6
1

Defendant's use of the mark in Adword campaigns has likely caused confusion and/or mistake,
and/or deceived with respect to Control Solutions prior use of the mark.

8

48.

9

Defendant's use of the mark infringes on Control Solutions registered mark, thereby causing

1O bann and damage to Control Solutions unless Defendant is enjoined.
11

49.

12
13
14

Pursuant to 15 U.S.C. § 1117, Control Solutions is entitled to an injunction, its damages
(trebled), costs and Defendant's profits.
50.

15

16

Defendant's actions have been willful, deliberate and malicious, with full knowledge of Control

17

Solutions rights and mark registration, and therefore this case is exceptional under 15 U.S.C. §

18

1117 entitling Control Solutions to an award of its reasonable attorneys fees.

19

CLAIMS FOR RELIEF
(15 U.S.C. § l 125(a), Federal Statutoiy False Designation of Origin)
51.

20
21

22

Control Solutions incorporates the allegations of all paragraphs above.

23

52.

24

With respect to each of Control Solutions' marks, Defendant's use bas caused confusion,

25

mistake, or has deceived as to the origin, sponsorship, or approval of Control Solutions' services.

26

Such likely confusion, mistake or deception as to the origin of Control Solutions' goods and

27

28

services under 15 U.S.C. §l 125(a) is independent of the rights affoi:ded to Control Solutions'
Page 12of15
COMPLAINT FOR DAMAGES

Exhibit A
Page 15 of 18

Case 3:15-cv-00748-PK

1

Document 1-1

Page 17 of 19

Registered Marks under 15 U.S.C. §1114.

2
3

Filed 05/01/15

53.
Pursuant to 15 U.S.C. §1117, Control Solutions is entitled to an injunction, its damages (trebled)

4

and Defendant's profits.
5

54.

6

1

Defendant's actions have been deliberate, willful and malicious with full knowledge of Control

8

Solutions' rights in the marks and in deliberate or reckless disregard of Control Solutions' rights,

9

and therefore this case is exceptional under 15 U.S.C. § 1117, entitling Control Solutions to an

1O award of its reasonable attorney fees.
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CAUSE OF ACTION

(15 U.S.C. § 1125, Misrepresentation in Commercial Advertising or Promotion)

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i-:-

55.

Control Solutions incorporates the allegations of all paragraphs above.

56.

16
17

In misappropriating and misrepresenting Control Solutions' trademarks, trade names and product

18

names/numbers, the Google Adword search results gave the incorrect and false impression to

19

customers searching for Control Solutions' products that Control Solutions' products were

20

available through Defendant's website, or that the companies were somehow~ ox: that

21

the companies were the same, or other confusion as ·to the source of goods sold.

22

57.

23
Defendant's misappropriations and misrepresentations in commercial advertising or promotion
24

25

were disseminated to users of the internet that searched for Control Solutions' trademarks, trade

26

names, product names/numbers, those users having been actually deceived or tended to be

27

deceived by the return of search results.

28
Page 13 of IS
COMPLAINT FOR DAMAGES

Exhibit A
Page 16 of 18

Case 3:15-cv-00748-PK

Document 1-1

3

Page 18 of 19

58.

1

2

Filed 05/01/15

Defendant's misrepresentations were likely to influence the purchasing decisions of the persons
to whom they were disseminated and/or those who received search results based on the

4

misrepresentations disseminated to Google for the subsequent Adword campaign.

5
59.

6
7

Defendant's misrepresentations injured Control Solutions by causing Control Solutions to lose

8

customers and sales, resulting in extensive business losses from loss of direct sales and future

9

services to purchasers of its products.

10
11

60.
Defendant's misrepresentations were made in commerce.

12
61.

13
14

Defendant's misrepresentations were likely to cause Control Solutions irreparable harm by

15

damaging Control Solutions' reputation and the reputation of Control Solutions' products

16

referenced herein.

17

18
19

PRAYER
WHEREFORE, Control Solutions prays for judgment in its favor on all claims and for
an Order:

20

21

a.

that Defendant's use of Control Solutions Marks has infringed, and if continuing,

22

infringes, on Control Solutions registered Marks pursuant to Oregon Revised Statutes, and under

23

common law trademark protection, and under 15 U.S.C. § 1114 and 1117, and§ 1125(a), and

24

such other laws as applicable. that Control Solutions has been damaged by such infringement.

25

that such infringement was willful, malicious, and in deliberate or reckless disregard of the rights

26

of Control Solutions;

27

b.
28

that Defendant's use of Control Solutions' Marks has, and if continuing, is likely

Page 14of15
COMPLAINT FOR DAMAGES

Exhibit A
Page 17 of 18

Case 3:15-cv-00748-PK

Document 1-1

Filed 05/01/15

Page 19 of 19

to cause confusion, or mistake, or to deceive as to the origin, sponsorship, affiliation, or
2
3

association of Control Solutions or its services under 15 U.S.C. §l 125(a), that Control Solutions
has been damaged by such confusion, mistake, or deception, and that Defendant's conduct was

4
willful and malicious and in deliberate or reckless disregard of the rights of Control Solutions;
5

6

c.

that permanent injunctive relief be granted requiring Defendant, its agents,

7

officers, members and assigns, and all those in privity with them, if it/they have not yet done so,

8

to cease using Control Solutions' Marks described herein, and recall all offending materials, and

9

disseminate corrections and retractions.

10

11

d.

award Control Solutions its actual damages estimated to be in excess of

$1 ,200,000.00, a trebling of such damages as appropriate and pursuant to statute, and its costs,

12

13
14

15

and Defendant' s profits;
e.

that this is an exceptional case and for an award of Control Solutions costs and

attorney's fees pursuant to applicable federal and state laws; and,

16

£

such other relief as the Court may deem proper.

17

g.

other costs, attorneys' fees, punitive damages, and such other relief as this Court

18

may deem proper.

19

20
21

Dated:

a-'

22

Gano
Lemoi

23

1631 NE Broadway Street, Box 722

Law Firm

Portland, OR 97232
Tel: (503) 799-9745
Fax: (213) 402-3812
Email: ganolemoine@lemoinefirm.com

24
25

26

Attorney for Plaintiff,
CONTROL SOLUTIONS, INC.

27
28
Page 15of15
COMPLAINT FOR DAMAGES

Exhibit A
Page 18 of 18