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Case 3:16-cv-00519

Document 1

Filed 03/25/16

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Scott D. Eads, OSB #910400
Email: seads@schwabe.com
SCHWABE, WILLIAMSON & WYATT, P.C.
Pacwest Center
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Facsimile: 503.796.2900
Attorneys for Plaintiff,
S&B Associates, Inc. d/b/a HospitalityVision
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

S&B ASSOCIATES, INC. d/b/a
HospitalityVision, an Oregon corporation,
Plaintiff,
vs.
GUEST IMPRESSIONS, INC., a
California corporation,

Case No. _____________
COMPLAINT FOR TRADEMARK
INFRINGEMENT, LANHAM ACT
VIOLATIONS, AND OREGON
UNLAWFUL TRADE PRACTICES
DEMAND FOR JURY TRIAL

Defendant.
Plaintiff S&B Associates, Inc. d/b/a HospitalityVision (“HospitalityVision”) brings this
Complaint against Defendant Guest Impressions, Inc. (“Guest Impressions”), and alleges as
follows:
1.

HospitalityVision is an Oregon corporation headquartered in Corvallis, Oregon

and doing business in Oregon and Washington. HospitalityVision’s integrated hotel product
offerings—marketed under its federally registered “Concierge ToGo®” trademark—replace
static, printed hotel directories with on-screen content that allows users to access up-to-date
information about a hotel, its amenities, and surrounding attractions. This action arises out of
SCHWABE, WILLIAMSON & WYATT, P.C.
Page 1 COMPLAINT
Attorneys at Law
Pacwest Center
PDX\129727\214177\JWR\17900309.3

1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900

Case 3:16-cv-00519

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Filed 03/25/16

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HospitalityVision’s discovery in December 2015 that defendant Guest Impressions—which
markets on-screen hotel directories under the confusingly similar “Conciergo” mark—had falsely
passed itself off to one of HospitalityVision’s hotel clients as having an affiliation with
HospitalityVision. By virtue of this deception, Guest Impressions was permitted to install a
protocol that redirected hotel guests attempting to access HospitalityVision’s service to Guest
Impressions’ inferior competing service.
NATURE OF THE ACTION
2.

This is an action for trademark infringement and unfair competition arising under

the federal Lanham Act, 15 U.S.C. §§ 1051 et seq., for unlawful trade practices arising under
Oregon state law, ORS §§ 646.605 et seq., and for common law trademark infringement and
unfair trade practices.
3.

This lawsuit pertains to Guest Impressions’ infringement of HospitalityVision’s

Concierge ToGo® trademark for mobile app and related services, registration number 4,494,431,
a copy of which is attached as Exhibit 1 hereto (the “Concierge ToGo® Trademark”).
4.

On information and belief, Guest Impressions has also engaged in unfair

competition and unlawful trade practices by intentionally passing itself off as HospitalityVision,
or as affiliated with HospitalityVision.
5.

HospitalityVision seeks, among other relief, an injunction preventing Guest

Impressions from further infringing the Concierge ToGo® Trademark or otherwise unfairly
competing with HospitalityVision, together with damages from Guest Impressions’ infringing
activity and unfair competition, as well as attorneys’ fees and costs.
THE PARTIES
6.

Plaintiff S&B Associates d/b/a HospitalityVision is an Oregon corporation with

its principal place of business at 123 NW Seventh Street, Corvallis, Oregon. HospitalityVision
owns the HospitalityVision Trademark.

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COMPLAINT

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SCHWABE, WILLIAMSON & WYATT, P.C.
Attorneys at Law
Pacwest Center
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900

Case 3:16-cv-00519

7.

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On information and belief, Guest Impressions is a California corporation with its

principal place of business at 424 Sky Mesa Road, Alpine, California.
JURISDICTION AND VENUE
8.

HospitalityVision’s causes of action for trademark infringement and Lanham Act

violations against Guest Impressions arise under the laws of the United States, including 35
U.S.C. § 1051 et seq. This Court has original jurisdiction over this subject matter pursuant to 28
U.S.C. §§ 1331, 1332, and 1338 and 15 U.S.C. § 1121. The Court has supplemental jurisdiction
over HospitalityVision’s state law claims pursuant to 28 U.S.C. § 1367.
9.

This Court has personal jurisdiction over Guest Impressions because it transacts

and solicits business in the State of Oregon, including with respect to the infringement of the
HospitalityVision Trademark and other unlawful activity at issue in this case.
10.

Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b) & (c) because

a substantial part of the events giving rise to HospitalityVision’s claim occurred here, including
all events giving rise to HospitalityVision’s unfair competition and unlawful trade practices
claims, and the witnesses and information pertaining to those events are located here. On
information and belief, Guest Impressions regularly transacts and solicits business in this district,
including with respect to the infringing activities at issue in this case. Additionally,
HospitalityVision is headquartered in Oregon, and witnesses and information that may be
adduced by HospitalityVision are located in Oregon.
PROCEDURAL BACKGROUND AND RELATED ACTION
11.

Guest Impressions’ infringement of HospitalityVision’s federal trademark

registration is also the subject of a declaratory judgment action in the United States District
Court for the Southern District of California, styled Guest Impressions, Inc. v. S&B Associates,
Inc., Case No. 3:16-cv-00109-H-MDD, filed January 15, 2016.
12.

As of the filing of this Complaint, HospitalityVision has moved to dismiss the

Southern District of California action for lack of personal jurisdiction and as an improper
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COMPLAINT

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SCHWABE, WILLIAMSON & WYATT, P.C.
Attorneys at Law
Pacwest Center
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900

Case 3:16-cv-00519

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Filed 03/25/16

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anticipatory suit, or in the alternative, to transfer venue to this Court. Oral argument on
HospitalityVision’s motion is scheduled for April 4, 2016.
FACTUAL BACKGROUND
A.

HospitalityVision and its Concierge ToGo® Trademark
13.

Launched in 2012, HospitalityVision’s Concierge ToGo® product was the first

virtual concierge app in the United States. Concierge ToGo® provides hotel and other
hospitality guests with a virtual concierge to tour their hotel, discover hotel amenities, provide
links to guest services, and offer information on local attractions and restaurants, among other
features. This replaces static, printed hotel directories with dynamic, on-screen content that
allows users to access up-to-date information about the hotel and surrounding attractions.
14.

HospitalityVision’s Concierge ToGo® app is offered to consumers via online

application marketplaces—such as Apple’s App Store and Google Play—either as a complement
to a hotel’s TV Guest Services Directory or as a stand-alone product. In marketing and
distributing its Concierge ToGo® app, HospitalityVision works with hotels that are members of
chains—such as Choice Hotels, Best Western, and Wyndham—as well as with independent
hotels.
15.

HospitalityVision spends significant time tailoring each hotel’s guest services

information to that specific hotel, including by working directly with hotel personnel to collect
information concerning local attractions, restaurants and other up-to-date information. As such,
HospitalityVision has generated substantial value and goodwill in the Concierge ToGo® brand
and associated trademark.
16.

HospitalityVision promotes its virtual concierge software and related services

under the Concierge ToGo® trademark registered to HospitalityVision March 11, 2014, on the
Principal Register as U.S. Registration No. 4,494,431.
17.

HospitalityVision’s Concierge ToGo® Trademark is displayed on content

provided by its on-screen directory and app, as well as on in-room letters directing hotel guests
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COMPLAINT

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SCHWABE, WILLIAMSON & WYATT, P.C.
Attorneys at Law
Pacwest Center
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900

Case 3:16-cv-00519

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Filed 03/25/16

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to the online content, and other physical materials—such as stand-up cutouts—displayed by its
hotel customers.
18.

In addition to the Concierge ToGo® Trademark, each in-room letter also contains

a prominently featured Quick Response Code (“QR Code”). By scanning the QR code with their
mobile device, guests are able to access the mobile web version of its Concierge ToGo® app,
making available in mobile form all of the directory information collected and provided by
HospitalityVision.
B.

HospitalityVision’s Discovery of Guest Impressions’ Trademark Infringement and
Unfair Competition
19.

On December 21, 2015, HospitalityVision president and proprietor Maretta

Staprans Barlow was visiting the Clarion Hotel in Portland, Oregon, which had previously
entered into an agreement with HospitalityVision to offer Concierge ToGo® services, including
an on-screen presentation, printed materials in each room and in the hotel lobby, and a
customized mobile app with information relevant to Clarion guests.
20.

Ms. Barlow attempted to access the Concierge ToGo® app using her mobile

phone to scan the QR code on the in-room letter bearing the Concierge ToGo® logo. Rather
than being routed to the Concierge ToGo® app and associated content, she was shocked to
instead be redirected to Plaintiff’s “Conciergo” start page and pop-up advertising relating to the
infringing “Conciergo” site.
21.

Rather than the highly customized information maintained by Concierge ToGo®,

she found that she had been re-directed to a second-rate service that simply feeds the user results
from the website www.yelp.com, which collects user reviews of restaurants and attractions.
22.

The owner of the Clarion, Nick Patel, told Ms. Barlow that the redirection had

been suggested and implemented by two men who approached him about installing their mobile
concierge service.

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COMPLAINT

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SCHWABE, WILLIAMSON & WYATT, P.C.
Attorneys at Law
Pacwest Center
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900

Case 3:16-cv-00519

23.

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On information and belief, the men who caused the redirection to Guest

Impressions’ “Conciergo” site falsely suggested to Mr. Patel that they were affiliated with
HospitalityVision and thereby induced him to accept installation of their inferior service.
C.

Guest Impressions’ Infringing Mark
24.

Guest Impressions offers its competing services under an unregistered

“Conciergo” mark that is confusingly similar to HospitalityVision’s Concierge ToGo®
Trademark.
25.

Guest Impressions applied to register its “Conciergo” mark in an August 17, 2015

application, identified by serial number 86727298. A copy of the application information as it
appears in the Trademark Official Gazette is attached as Exhibit 2.
26.

A comparison of Guest Impressions’ application with the Concierge ToGo®

Trademark registration revealsthat the marks are used to identify nearly identical goods and
services:
“Concierge ToGo®” Registration

“Conciergo” Application

G & S: Downloadable computer software for
mobile devices consisting of a hotel-specific
virtual, animated hotel concierge to provide
information about hotel-specific amenities,
guest services, meeting times and local
attractions.

G & S: Software as a service (SAAS) services
featuring software for use as a virtual
concierge by hotel guests which provides
awareness and information of nearby
restaurants, shops, activities, and attractions.

27.

By way of illustrating the marks’ confusing similarity, on March 15, 2016,

Ms. Barlow visited the Rodeway Hotel in Eugene, Oregon to offer placement of
HospitalityVision’s materials and services in the hotel.
28.

The hotel proprietors told Ms. Barlow that they had “already tried to install that

Concierge ToGo or Go,” but that it was incompatible with the hotel’s Wi-Fi configuration.
29.

The proprietors also told Ms. Barlow that one of them had met with “the

concierge people” at an Asian-American Hotel Owners Association conference where Guest
Impressions had been exhibiting its Conciergo service.
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COMPLAINT

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SCHWABE, WILLIAMSON & WYATT, P.C.
Attorneys at Law
Pacwest Center
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900

Case 3:16-cv-00519

30.

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Because of the confusion resulting from their similar-sounding names,

Ms. Barlow was forced to explain that HospitalityVision was unaffiliated with Guest
Impressions, and that unlike Guest Impressions’ redirection protocol, the Concierge ToGo®
service is not dependent on a given Wi-Fi configuration.
31.

On information and belief, Guest Impressions had actual knowledge of

HospitalityVision’s ownership and use of the Concierge ToGo® Trademark at the time it
adopted the “Conciergo” name, as it filed for registration of the “Conciergo” mark after a Guest
Impressions representative saw HospitalityVision’s “Concierge ToGo®” presentation at a trade
show in Las Vegas, Nevada in May 2015.
32.

Guest Impressions also had constructive notice of HospitalityVision’s trademark

rights as a result of its trademark registrations.
33.

HospitalityVision has requested in several communications that Guest

Impressions cease its use of the infringing “Conciergo” name and mark in connection with its
goods and services.
34.

Nevertheless, Guest Impressions continues to use its confusingly similar

“Conciergo” mark in willful disregard of HospitalityVision’s rights, and in disregard of the
likelihood of confusion, and actual confusion, resulting from Guest Impressions’ actions.
35.

Guest Impressions’ unauthorized actions have damaged and continue to damage

HospitalityVision, and have caused and continue to cause irreparable injury to
HospitalityVision’s business.
CLAIMS FOR RELIEF
COUNT I –
TRADEMARK INFRINGEMENT (15 U.S.C. § 1114)
36.

HospitalityVision restates and realleges each of the allegations of paragraphs 1-35

as if fully set forth herein.

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COMPLAINT

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SCHWABE, WILLIAMSON & WYATT, P.C.
Attorneys at Law
Pacwest Center
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900

Case 3:16-cv-00519

37.

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The U.S. Trademark Office duly and legally issued federal trademark registration

number 4,494,431 to the Concierge ToGo® Trademark on March 11, 2014, and that registration
is valid and subsisting.
38.

HospitalityVision has used the Concierge ToGo® Trademark in commerce

continuously from October 26, 2012 through to the present to designate itself as the source of its
on-screen hotel directory goods and services.
39.

HospitalityVision is the exclusive owner of the Concierge ToGo® Trademark.

40.

HospitalityVision uses the Concierge ToGo® Trademark as a designation of

source and quality for its goods and services.
41.

HospitalityVision uses the registration symbol “®” on its goods and in advertising

associated with the Concierge ToGo® Trademark.
42.

By using the confusingly similar “Conciergo” mark in connection with sales and

promotion of its competing, and inferior, hotel directory services, defendant Guest Impressions is
infringing HospitalityVision’s rights in the Concierge ToGo® Trademark in violation of 15
U.S.C. § 1114.
43.

Further, by hijacking the QR Code-scanning process that would ordinarily direct

users to HospitalityVision’s service, and instead re-directing users to its own inferior service,
Guest Impressions has used and/or is using copies or colorable imitations of the Concierge
ToGo® Trademark in a manner that is likely to confuse, deceive and cause mistake among
consumers and therefore infringes HospitalityVision’s rights in the Concierge ToGo®
Trademark in violation of 15 U.S.C. § 1114.
44.

HospitalityVision has no adequate remedy at law for Guest Impressions’

infringements of the Concierge ToGo® Trademark, in that: (i) the Concierge ToGo® Trademark
is unique and valuable property, injury to which cannot adequately be compensated by monetary
damages; (ii) the infringement injures and threatens to continue to injure HospitalityVision’s
reputation and goodwill; and (iii) the injury resulting to HospitalityVision from Guest
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COMPLAINT

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SCHWABE, WILLIAMSON & WYATT, P.C.
Attorneys at Law
Pacwest Center
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900

Case 3:16-cv-00519

Document 1

Filed 03/25/16

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Impressions’ wrongful conduct, and the conduct itself, are continuing, and HospitalityVision
would be required to bring a multiplicity of suits to achieve full redress for the injuries caused
thereby.
45.

Unless restrained, Guest Impressions’ infringement of the Concierge ToGo®

Trademark will continue to cause irreparable injury to HospitalityVision, both during the
pendency of this action and thereafter. HospitalityVision is therefore entitled to an order from
this Court preliminarily and permanently enjoining Guest Impressions and its agents, employees
and others acting in concert with them, from directly or indirectly infringing the Concierge
ToGo® Trademark in any manner, including by using any mark, design or logo that is
confusingly similar to the Concierge ToGo® Trademark in connection with the sale, offer for
sale, advertising, or promotion of hotel directory goods or services.
46.

Plaintiff is further entitled to recover its attorneys’ fees and other costs herein.
COUNT II –
LANHAM ACT VIOLATIONS (15 U.S.C. § 1125)

47.

HospitalityVision restates and realleges each of the allegations of paragraphs 1-46

as if fully set forth herein.
48.

The acts of Guest Impressions alleged herein, including but not limited to its use

of a mark confusingly similar to the Concierge ToGo® Trademark in connection with hotel
directory goods and services, are likely to cause confusion, or to cause mistake, or to deceive as
to the affiliation, connection, or association of Guest Impressions with HospitalityVision, or as to
the sponsorship or approval of Guest Impressions’ goods, services or commercial activities by
HospitalityVision.
49.

Guest Impressions’ actions also misrepresent the nature, characteristics or

qualities of Guest Impressions’ goods, services or commercial activities.
50.

On information and belief, Guest Impressions has deliberately deceived customers

or prospective customers of HospitalityVision into believing that some affiliation or association
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COMPLAINT

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SCHWABE, WILLIAMSON & WYATT, P.C.
Attorneys at Law
Pacwest Center
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900

Case 3:16-cv-00519

Document 1

Filed 03/25/16

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exists between Guest Impressions, and its goods and services, and HospitalityVision, and its
goods and services. On information and belief, these deceptive actions include expressly
representing to one or more hoteliers that Guest Impressions and HospitalityVision are one and
the same company, or that they share an affiliation or association.
51.

HospitalityVision has no adequate remedy at law for the foregoing wrongful

conduct of Guest Impressions, in that: (i) Guest Impressions’ actions injure and threaten to
continue to injure HospitalityVision’s unique and valuable property, injury to which cannot
adequately be compensated by monetary damages; (ii) the wrongful acts of Guest Impressions
injure and threaten to continue to injure HospitalityVision’s reputation and goodwill; and (iii) the
injury resulting to HospitalityVision from Guest Impressions’ wrongful conduct, and the conduct
itself, are continuing, and HospitalityVision would be required to bring a multiplicity of suits to
achieve full compensation for the injuries caused thereby.
52.

Unless restrained, the foregoing wrongful acts of Guest Impressions will continue

to cause irreparable injury to HospitalityVision, both during the pendency of this action and
thereafter. HospitalityVision is therefore entitled to an order from this Court preliminarily and
permanently enjoining Guest Impressions and their agents, employees and others acting in
concert with them, from directly or indirectly: (i) manufacturing, producing, distributing,
circulating, selling, offering for sale, advertising, promoting or displaying any hotel directory
product or service using any confusingly similar name or mark that tends to relate or connect
such product or service to HospitalityVision or to any goods or services offered, provided, sold,
manufactured, sponsored, approved by or connected with HospitalityVision; or (ii) making any
false description or representation of origin concerning any goods or services offered by Guest
Impressions.
COUNT III –
UNLAWFUL TRADE PRACTICES (ORS § 646.608)
53.

HospitalityVision restates and realleges each of the allegations of paragraphs 1-52

as if fully set forth herein.
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COMPLAINT

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SCHWABE, WILLIAMSON & WYATT, P.C.
Attorneys at Law
Pacwest Center
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900

Case 3:16-cv-00519

54.

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The acts of Guest Impressions alleged herein, including but not limited to its use

of the Concierge ToGo® Trademark or a confusingly similar mark on or in connection with the
products and services it offers to the public—as well as its misrepresentation of itself as
HospitalityVision in order to tie that mark to its services—constitute unlawful business or trade
practices under Oregon law.
55.

The acts of Guest Impressions alleged herein constitute a passing off of Guest

Impressions’ goods or services as the goods or services of HospitalityVision; cause a likelihood
of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of
Guest Impressions’ goods or services; cause a likelihood of confusion or misunderstanding as to
Guest Impressions’ affiliation, connection, or association with, or certification by
HospitalityVision; use deceptive representations in connection with Guest Impressions’ goods or
services; represent that Guest Impressions’ goods or services have sponsorship, approval,
characteristics, uses, benefits, or qualities that the goods or services do not have; represent that
Guest Impressions has a sponsorship, approval, affiliation, or connection with HospitalityVison
that Guest Impressions does not have; and constitute other unfair or deceptive conduct in trade or
commerce.
56.

HospitalityVision has no adequate remedy at law for the foregoing wrongful

conduct of Guest Impressions, in that: (i) Guest Impressions’ actions injure and threaten to
continue to injure HospitalityVision’s unique and valuable property, injury to which cannot
adequately be compensated by monetary damages; (ii) the wrongful acts of Guest Impressions
injure and threaten to continue to injure HospitalityVision’s reputation and goodwill; and (iii) the
injury resulting to HospitalityVision from Guest Impressions’ wrongful conduct, and the conduct
itself, are continuing, and HospitalityVision would be required to bring a multiplicity of suits to
achieve full compensation for the injuries caused thereby.
57.

Unless restrained, the foregoing wrongful acts of Guest Impressions will continue

to cause irreparable injury to HospitalityVision, both during the pendency of this action and
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COMPLAINT

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SCHWABE, WILLIAMSON & WYATT, P.C.
Attorneys at Law
Pacwest Center
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900

Case 3:16-cv-00519

Document 1

Filed 03/25/16

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thereafter. HospitalityVision is therefore entitled to an order from this Court preliminarily and
permanently enjoining Guest Impressions and their agents, employees and others acting in
concert with them, from directly or indirectly: (i) manufacturing, producing, distributing,
circulating, selling, offering for sale, advertising, promoting or displaying any product or service
that tends to relate or connect such product or service in any way to HospitalityVision or to any
goods or services offered, provided, sold, manufactured, sponsored, approved by or connected
with HospitalityVision; or (ii) making any false description or representation of origin
concerning any goods or services offered for sale by Guest Impressions.
COUNT IV –
COMMON LAW TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION
58.

HospitalityVision restates and realleges each of the allegations of paragraphs 1-57

as if fully set forth herein.
59.

By continuous usage of its Concierge ToGo mark in Oregon and Washington

since at least as early as October 26, 2012, HospitalityVision has acquired common law rights in
that mark at least within that geographic area.
60.

The acts of Guest Impressions alleged herein, including but not limited to its use

of the Concierge ToGo mark or a confusingly similar mark on or in connection with the products
and services it offers to the public are likely to cause confusion, to cause mistake, and to deceive
consumers and the public at large as to the affiliation, connection, or association of Guest
Impressions with HospitalityVision, or vice versa, or as to the origin, sponsorship, or approval of
Guest Impressions’ hotel directory services by HospitalityVision, or vice versa.
61.

Guest Impressions’ acts constitute common law trademark infringement and

unfair competition and have created and will continue to create a likelihood of confusion,
thereby causing irreparable harm to HospitalityVision, including, without limitation, injury to its
reputation and business identity, resulting in lost revenue and profits and diminished goodwill
and reputation. HospitalityVision has no adequate remedy at law for this injury.
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COMPLAINT

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SCHWABE, WILLIAMSON & WYATT, P.C.
Attorneys at Law
Pacwest Center
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900

Case 3:16-cv-00519

62.

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Guest Impressions’ actions give rise to an inference of intentional, willful and

malicious intent on the part of Guest Impressions to trade on the goodwill associated with
HospitalityVision’s mark and to cause confusion, to cause mistake, and to deceive the public
about the source or affiliation of Guest Impressions’ services.
63.

As a result of Guest Impressions’ acts, HospitalityVision has been damaged in an

amount not yet determined or ascertainable. At a minimum, HospitalityVision is entitled to
injunctive relief, to an accounting of Guest Impressions’ profits, actual damages, punitive
damages, and its costs and attorneys’ fees.
PRAYER FOR RELIEF
WHEREFORE, HospitalityVision respectfully requests that the Court enter judgment in
its favor against Guest Impressions, granting the following relief:
A.

A judgment and declaration that Guest Impressions has infringed

HospitalityVision’s federal trademark registration for the Concierge ToGo® Trademark, and that
Guest Impressions’ infringement has been deliberate and willful, in violation of 15 U.S.C. §§
1114 and 1125;
B.

A judgment and declaration that Guest Impressions has engaged in unfair trade

practices in violation of ORS §647.608;
C.

A judgment and declaration that Guest Impressions has committed common law

trademark infringement and unfair competition;
D.

An award of compensatory damages, including consequential and incidental

damages, in favor of HospitalityVision and against Guest Impressions in an amount to be proven
at trial;
E.

An award of enhanced damages or lost profits, whichever is proven to be greater,

in favor of HospitalityVision and against Guest Impressions, pursuant to Oregon state common
law, 15 U.S.C. § 1117, and as otherwise provided by law;
F.
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An award of punitive damages pursuant to ORS 646.638(1);

COMPLAINT

PDX\129727\214177\JWR\17900309.3

SCHWABE, WILLIAMSON & WYATT, P.C.
Attorneys at Law
Pacwest Center
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900

Case 3:16-cv-00519

G.

Document 1

Filed 03/25/16

Page 14 of 15

An accounting and award to HospitalityVision and against Guest Impressions of

all of Guest Impressions’ profits pursuant to 15 U.S.C. § 1117;
H.

An award of HospitalityVision’s costs of suit and reasonable attorneys’ fees

incurred in bringing this action pursuant to 15 U.S.C. § 1117;
I.

An award of pre- and post-judgment interest at the maximum rate allowed by law;

J.

A grant of preliminary and permanent injunction, pursuant to 15 U.S.C. §

1116(a), enjoining Guest Impressions and its agents, servants, officers, directors, employees,
affiliated entities and all persons acting in concert or privity with them, from infringing the
Concierge ToGo® Trademark (including by use of the “Conciergo” mark and name), from
misrepresenting itself or its services, or from other conduct in violation of HospitalityVision’s
rights, including unfairly competing with HospitalityVision in any manner whatsoever, and
further requiring Guest Impressions to account for and destroy, or deliver up for destruction, all
goods, advertisements, packaging, or other promotional materials bearing an infringing name or
mark;
K.

An order pursuant to 15 U.S.C. § 1116(a) directing Guest Impressions to file with

the court and serve on HospitalityVision a report in writing under oath setting forth in detail the
manner and form in which Guest Impressions has complied with the injunction;
L.

An order pursuant to 15 U.S.C. § 1119 directing the United States Trademark

Office to reject Guest Impressions’ application to register its infringing “Conciergo” mark; and
M.

Such other and additional relief as this Court deems just and proper.

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COMPLAINT

PDX\129727\214177\JWR\17900309.3

SCHWABE, WILLIAMSON & WYATT, P.C.
Attorneys at Law
Pacwest Center
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900

Case 3:16-cv-00519

Document 1

Filed 03/25/16

Page 15 of 15

DEMAND FOR JURY TRIAL
Pursuant to Fed. R. Civ. P. 38(b), HospitalityVision respectfully requests a trial by jury of
all issues so triable.
Dated this 25th day of March, 2016.
Respectfully submitted,
SCHWABE, WILLIAMSON & WYATT, P.C.

By: s/ Scott D. Eads
Scott D. Eads, OSB #910400
Telephone: 503.222.9981
Facsimile: 503.796.2900
Of Attorneys for Plaintiff
S&B Associates, Inc. d/b/a HospitalityVision

Page 15 -

COMPLAINT

PDX\129727\214177\JWR\17900309.3

SCHWABE, WILLIAMSON & WYATT, P.C.
Attorneys at Law
Pacwest Center
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900