Case 1:17-cv-01273-MC Document 1 Filed 08/17/17 Page 1 of 5

James R. Blake, OSB No. 155552
Willard L. Ransom, OSB No. 031372
SORENSON, RANSOM, FERGUSON & CLYDE, LLP
133 NW D Street
Grants Pass, OR 97526
Ph: 541-476-3883 / F: 541-474-4495
E-mail: jblake@roguevalleylaw.com
of Attorneys for Plaintiff ECBlend LLC

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

MEDFORD DIVISION

ECBLEND LLC, an Oregon Domestic ) Case No.
Limited Liability Company, )
) COMPLAINT
Plaintiff, )
) (Trademark Infringement -
v. ) 15 U.S.C. §1114)
)
THE MAD ALCHEMIST ELIXIRS & )
POTIONS LLC, a Kentucky Limited )
Liability Company, )
)
Defendant. )
)
)
)
___________________________________ )

Plaintiff ECBLEND LLC, an Oregon Domestic Limited Liability Company

(hereinafter: ECBlend”), by and through undersigned counsel, hereby submits the

following complaint against Defendant THE MAD ALCHEMIST ELIXIRS & POTIONS

LLC, a Kentucky Limited Liability Company (hereinafter: “Mad Alchemist”), and

alleges as follows:

///
SORENSON , RANSOM & FERGUSON & CLYDE , LLP
ATTORNEYS AT LAW
133 NW ‘D ’ STREET
GRANTS PASS , OR 97526
Page 1 - COMPLAINT (541) 476-3883 FAX (541) 474-4495
Case 1:17-cv-01273-MC Document 1 Filed 08/17/17 Page 2 of 5

JURISDICTION AND VENUE

1.

This Court has jurisdiction in this matter pursuant to 28 U.S.C. §1338.

2.

This Court has jurisdiction over the parties as they transact and solicit business

within this District.

3.

Pursuant to 28 U.S.C. §1391, venue is proper in this Court because a

substantial part of the events giving rise to the claims occurred within this Court’s

jurisdiction.

THE PARTIES

4.

Plaintiff, ECBlend, is an Oregon limited liability company, with a principal

place of business at 406 S. Riverside Ave, Medford, Oregon.

5.

Defendant, Mad Alchemist, is a Kentucky limited liability company, with a

principal place of business at 119 Childers Dr., London, Kentucky.

CLAIM FOR RELIEF

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

6.

Plaintiff is engaged in the business of manufacturing and distributing chemical

flavorings in liquid form to be used in electronic cigarette cartridges. Plaintiff’s

manufacturing facility and products are registered with the Food and Drug
SORENSON , RANSOM & FERGUSON & CLYDE , LLP
ATTORNEYS AT LAW
133 NW ‘D ’ STREET
GRANTS PASS , OR 97526
Page 2 - COMPLAINT (541) 476-3883 FAX (541) 474-4495
Case 1:17-cv-01273-MC Document 1 Filed 08/17/17 Page 3 of 5

Administration. Plaintiff is the registrant and owner of the trademark “Dragon’s

Breath” - U.S. Registry No. 4,368,604 (hereinafter: the “604 Registration”). Plaintiff

has used that mark in commerce with respect to chemical flavorings in liquid form to

refill electronic cigarette cartridges since July of 2012. Plaintiff’s products have

become associated with the mark. As provided in 15 U.S.C. §1115, Plaintiff has the

exclusive right to use said mark in commerce.

7.

Plaintiff is a nationwide distributor of e-liquid and e-cigarette products.

Plaintiff advertises and sells its products through an online storefront and has an

extensive network of wholesale distributors. In addition, Plaintiff currently has retail

locations in Arizona, Oregon, Washington, and Wisconsin where its products are sold.

8.

Defendant is in the same line of business as Plaintiff and maintains an

interactive website that is commercial in nature. Defendant advertises and sells its

products through its website and brick and mortar retail locations. Defendant

manufactures and sells an e-liquid product under the name “Dragon’s Breath.”

Defendant’s use of the term “Dragon’s Breath” as a word mark is identical to the 604

Registration owned by Plaintiff.

9.

Plaintiff has not and does not consent to Defendant’s use in commerce of the

mark “Dragon’s Breath” on its products. On or about June 30, 2017, Plaintiff sent a

cease and desist letter to Defendant requesting Defendant to refrain from using

“Dragon’s Breath” in association with the marketing and sale of its products and
SORENSON , RANSOM & FERGUSON & CLYDE , LLP
ATTORNEYS AT LAW
133 NW ‘D ’ STREET
GRANTS PASS , OR 97526
Page 3 - COMPLAINT (541) 476-3883 FAX (541) 474-4495
Case 1:17-cv-01273-MC Document 1 Filed 08/17/17 Page 4 of 5

services. However, Defendant continues to use “Dragon’s Breath” in association with

its products.

10.

Defendant’s use of the term “Dragon’s Breath” in commerce has caused, or is

likely to cause, consumer confusion or mistake in the marketplace regarding the

nature, origin, and ownership of the products affiliated with the 604 Registration.

11.

Pursuant to 15 U.S.C. §§ 1114 and 1116, Plaintiff is entitled to relief enjoining

Defendant from the use of the term “Dragon’s Breath” in commerce, including an

order from the Court requiring Defendant to remove all references to “Dragon’s

Breath” from its website, advertising materials, and products; and an order from this

Court directing Defendant to file reports with the Court detailing compliance with any

injunctive relief granted. Pursuant to 15 U.S.C. §1117, Plaintiff’s are further entitled

to recover Defendant’s profits from use of the “Dragon’s Breath” mark and the costs of

bringing this action.

WHEREFORE, Plaintiff respectfully requests that this Court grant the following

relief:

1. That Defendant be enjoined from any use of the word “Dragon’s Breath” in

its business activities; that Defendant remove the “Dragon’s Breath” mark from its

website and all advertising materials; and an order directing Defendant to file reports

with the Court detailing compliance with the injunctive relief granted;

2. A money award in the amount to be determined at trial;

3. Plaintiff’s costs and disbursements; and
SORENSON , RANSOM & FERGUSON & CLYDE , LLP
ATTORNEYS AT LAW
133 NW ‘D ’ STREET
GRANTS PASS , OR 97526
Page 4 - COMPLAINT (541) 476-3883 FAX (541) 474-4495
Case 1:17-cv-01273-MC Document 1 Filed 08/17/17 Page 5 of 5

4. Grant such additional relief as the Court deems just and proper.

DATED this 15th day of August, 2017.

SORENSON, RANSOM, FERGUSON & CLYDE, LLP

_/s/ James R. Blake_____________
James R. Blake
OSB No. 155552
jblake@roguevalleylaw.com
of Attorneys for Plaintiff ECBlend LLC

SORENSON , RANSOM & FERGUSON & CLYDE , LLP
ATTORNEYS AT LAW
133 NW ‘D ’ STREET
GRANTS PASS , OR 97526
Page 5 - COMPLAINT (541) 476-3883 FAX (541) 474-4495