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Case 3:18-cv-01174-YY Document 1 Filed 07/02/18 Page 1 of 18

Nicholas F. Aldrich, OSB #160306
Email: naldrich@schwabe.com
Angela E. Addae, OSB #163335
Email: aaddae@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

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

PRANA LIVING, LLC, an Oregon limited No. 3:18-cv-01174
liability company,
COMPLAINT FOR TRADEMARK
Plaintiff, INFRINGEMENT

v. (Unfair Competition; False Designation of
Origin; Passing Off; Common Law Trademark
IFG CORP., a New York corporation, and Infringement; Unjust Enrichment)
ADJMI APPAREL GROUP LLC, a New
York limited liability company, JURY TRIAL DEMANDED

Defendants.

COMPLAINT

For its Complaint, Plaintiff prAna Living, LLC (“prAna”) states and alleges as follows:

SCHWABE, WILLIAMSON & WYATT, P.C.
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Pacwest Center
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900
Case 3:18-cv-01174-YY Document 1 Filed 07/02/18 Page 2 of 18

NATURE OF THE ACTION

This is a civil action for trademark infringement and unfair competition under the

Lanham Act, 15 U.S.C. § 1051, et seq. and Oregon common law arising from the deliberate use

by Defendants IFG Corp. and Adjmi Apparel Group LLC (collectively “Defendants”) of a name

and logo on yoga apparel that is confusingly similar to prAna’s federally-registered and

common-law protected PRANA trademark and logo. prAna seeks equitable and monetary relief

for Defendants’ willful violations of prAna’s trademark rights.

Defendants are offering for sale, selling and promoting yoga apparel under the
confusingly similar name “apana” coupled with a logo (collectively, the “Infringing Marks”) that

is confusingly similar to prAna’s distinctive logo design in violation of prAna’s trademark rights.

As a result of Defendants’ uses of the Infringing Marks in connection with their products,

consumers are likely to confuse them with prAna.

By way of this lawsuit, prAna seeks: (i) judgment enjoining Defendants’ use of

the Infringing Marks in connection with yoga apparel and related accessories; (ii) an award of

damages, fees, and costs resulting from Defendants’ infringement and unfair competition; and

(iii) such other relief as the Court may deem just and proper.

THE PARTIES

Plaintiff prAna Living LLC (“prAna”) is a limited liability corporation organized

and existing under the laws of the State of Oregon, with its principal place of business located at

3209 Lionshead Ave., Carlsbad, CA 92010. prAna is a wholly-owned subsidiary of Columbia

Brands Holding Company, which is a wholly owned subsidiary of Columbia Sportswear

Company, a corporation organized and existing under the laws of the State of Oregon, with its

principal place of business in Portland, Oregon. prAna is in the business of, among other things,

the marketing, promotion, and sale of sustainable clothing for yoga, travel, and outdoor

adventure enthusiasts.

SCHWABE, WILLIAMSON & WYATT, P.C.
Page 2 - COMPLAINT FOR TRADEMARK INFRINGEMENT Attorneys at Law
Pacwest Center
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900
Case 3:18-cv-01174-YY Document 1 Filed 07/02/18 Page 3 of 18

Defendant IFG Corp. (“IFG”) is a company organized and existing under the laws

of the State of New York, with its principal place of business located at 463 7th Avenue, New

York, New York 10018.

Defendant Adjmi Apparel Group LLC (“Adjmi”) is a limited liability company

organized and existing under the laws of the State of New York, with its principal place of

business located at 463 7th Avenue, New York, New York 10018.

Upon information and belief, Defendants are in the business of—among other

things—designing, producing, and distributing apparel products.

JURISDICTION AND VENUE

This Court has original subject-matter jurisdiction over this action pursuant to 28

U.S.C. §§ 1331 and 1338. This Court also has jurisdiction pursuant to 15 U.S.C. § 1121 because

the action arises, in part, under 15 U.S.C. §§ 1114 and 1125.

This Court has jurisdiction over prAna’s related common law claims pursuant to

28 U.S.C. § 1338, because these claims are joined with substantial and related claims under

federal trademark law, and pursuant to the doctrine of supplemental jurisdiction, 28 U.S.C. §

1367.

This Court has specific personal jurisdiction over Defendants because (i)

Defendants conduct business within the State of Oregon and this judicial district; (ii) Defendants

have caused products to be advertised, promoted, offered for sale and/or sold under the

Infringing Marks in the State of Oregon and this judicial district, and have purposely availed

themselves of the privilege of conducting business in Oregon; and (iii) the causes of action

asserted in this Complaint arise out of Defendants’ contacts with the State of Oregon and this

judicial district.

Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b) and (c)

because a substantial part of the events giving rise to prAna’s claims have occurred and are

SCHWABE, WILLIAMSON & WYATT, P.C.
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Telephone: 503.222.9981
Fax: 503.796.2900
Case 3:18-cv-01174-YY Document 1 Filed 07/02/18 Page 4 of 18

continuing to occur in this judicial district, and prAna’s trademarks at issue are located in this

judicial district, where prAna is incorporated.

FACTS COMMON TO ALL CLAIMS OF RELIEF

prAna’s Business and the PRANA marks

prAna is a premium lifestyle clothing company that offers sustainable clothing for

yoga, travel, and outdoor adventure enthusiasts.

In 1992, Beaver and Pam Theodosakis founded prAna in their garage in Carlsbad,

California. They selected the ancient word “prana” for the company name, which is Sanskrit for

breath, life, and vitality of the spirit. Oftentimes translated as “breath of life,” prana reflects the

company’s ethos as a socially mindful and environmentally sustainable organization.

To those who practice yoga, “prana” is readily identifiable not only as the overall

life force, but also as one of the five “vayus” or “winds” within that life force. Specifically,

prana-vayu is seen as being situated and centered in the head, and it reflects energy that travels

inwards and upwards through the body.

Since its humble beginnings, prAna has grown to become a leading, socially

responsible clothing and lifestyle brand, with net sales of prAna-branded products totaling nearly

$140.9 million in 2017. prAna’s products have been purchased and enjoyed by millions of

people in the United States and across the globe.

Among prAna’s most successful product lines is its yoga line, which features

yoga apparel, mats, mat bags, and other related accessories and equipment for yoga practice.

prAna’s products are sold online at www.prana.com and at retail stores nationwide.

Since at least as early as 1992, prAna has continuously used and promoted the

PRANA name/mark for apparel and related products.

Since at least as early as 2010, prAna has continuously used and promoted its

“sitting yoga pose” logo mark for apparel and related products:

SCHWABE, WILLIAMSON & WYATT, P.C.
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Pacwest Center
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900
Case 3:18-cv-01174-YY Document 1 Filed 07/02/18 Page 5 of 18

prAna has invested significant resources in developing, promoting, and protecting

its brand, and to that end has obtained trademark registrations in more than 80 jurisdictions,

including the United States. prAna owns, among others, the following valid and subsisting U.S.

federal trademark registrations for its name and logo:

Trademark Class U.S. App. No. Application Date

U.S. Reg. No. Registration Date

PRANA 25 74/286,614 June 19, 1992

1,803,298 Nov. 09, 1993

PRANA 25, 28 76/129,851 Sept. 18, 2000

2,569,537 May 14, 2002

PRANA 18, 27, 28 76/336,500 Nov. 9, 2001

2,677,150 Jan. 21, 2003

PRANA 35 77/287,809 Sept. 25, 2007

3,742,835 Jan. 26, 2010

25 85/181,530 Nov. 19, 2010

4,488,778 Feb. 25, 2014

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Pacwest Center
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Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900
Case 3:18-cv-01174-YY Document 1 Filed 07/02/18 Page 6 of 18

18 85/181,448 Nov. 19, 2010

4,488,775 Feb. 25, 2014

35 85/181,522 Nov. 19, 2010

4,488,776 Feb. 25, 2014

25 85/181,510 Nov. 19, 2010

4,502,037 Mar. 25, 2014

28 85/181,519 Nov. 19, 2010

4,491,431 Mar. 4, 2014

True and correct copies of the certificates of registration for these federally-registered trademarks

are attached hereto as Exhibit A.

For years, prAna has spent millions of dollars annually advertising and promoting

its name and logo to the general public. prAna has widely and extensively promoted its name

and logo through its retail channels and virtually every available type of media, including print

publications, signage and the Internet.

As a result of prAna’s advertising and promotion of its products under its

federally-registered trademarks and its other distinctive brand identifiers (collectively, the

“PRANA Marks”), the PRANA Marks have become associated with high-quality apparel,

accessories, and equipment for use in yoga practice, as well as with yoga instruction.

SCHWABE, WILLIAMSON & WYATT, P.C.
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Pacwest Center
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Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900
Case 3:18-cv-01174-YY Document 1 Filed 07/02/18 Page 7 of 18

prAna has also developed strong common law rights based on its extensive use of

the PRANA Marks in commerce.

The PRANA Marks and the goodwill associated therewith are of substantial value

to prAna.

Defendants’ Wrongful Activities

Without prAna’s authorization or approval, Defendants have been offering,

selling and promoting yoga apparel and related yoga accessories featuring a name and logo

confusingly similar to the PRANA Marks.

Defendants promote its yoga clothing and accessories in retail stores under the

trade name “apana,” spelled in all lower case letters.

Like “prana,” “apana” is also well-known to those who practice yoga, and is

closely related as the balancing vayu to the prana-vayu. It is situated in the pelvic floor, and

reflects energy that moves downwards and outwards.

prana and apana are opposing, yet balanced forces. Where ‘prana’ regulates the

intake of particles and energy, ‘apana’ is responsible for the elimination of the unabsorbed

residues. Thus, in yogic practice, ‘prana’ inherently invokes reference to ‘apana,’ as the two

forces are deemed to counteract one another to create balance. apana is, for all intents and

purposes, the yin to prana’s yang.

Thus, “prana” and “apana,” in addition to each being a five letter word featuring

the letter “p,” ending letters “ana,” and rhyming, are closely related words and reflect closely

related concepts to those who practice yoga.

SCHWABE, WILLIAMSON & WYATT, P.C.
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Pacwest Center
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900
Case 3:18-cv-01174-YY Document 1 Filed 07/02/18 Page 8 of 18

Defendants are offering for sale, selling and promoting their “apana” branded

products using a “sitting yoga pose” logo (the “Infringing Logo”).

The Infringing Logo is highly similar in appearance to prAna’s “sitting yoga

pose” logo.

Defendants also frequently display the Infringing Logo centered over the middle

“a” in the word “apana,” in a similar fashion to how prAna uses and displays its logo with its

“prAna” mark (see, e.g., prAna’s Registration No. 4,488,778):

prAna Logo

SCHWABE, WILLIAMSON & WYATT, P.C.
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Pacwest Center
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900
Case 3:18-cv-01174-YY Document 1 Filed 07/02/18 Page 9 of 18

The Infringing Logo and its placement over the “apana” name is prominently

displayed on Defendants’ product hangtags. It is also directly affixed to Defendants’ products—

often in a highly-visible reflective coating.

The Infringing Logo and its placement with the “apana” name is confusingly

similar to the PRANA Marks. The PRANA Marks and the Infringing Marks are nearly identical

or highly similar in sight, sound, appearance, and commercial impression and have a closely

related and associated meaning.

Defendants’ products bearing the Infringing Marks are offered through the same

marketing and trade channels—such as retail stores and e-commerce websites—and to the same

target customers as prAna’s.

SCHWABE, WILLIAMSON & WYATT, P.C.
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Pacwest Center
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900
Case 3:18-cv-01174-YY Document 1 Filed 07/02/18 Page 10 of 18

Defendants’ advertising and marketing also feature the Infringing Logo and a

placement and correlation with the apana name that is highly similar in appearance to the

PRANA Marks.

Defendants’ use of the Infringing Logo and its positioning in relation to the brand

name are likely to cause confusion, mistake, and deception as to the source or origin of

Defendants and/or their products and infringe prAna’s valuable federal and common law rights

in the PRANA Marks.

Defendants’ use of the Infringing Marks in its marketing and advertising and on
its products, particularly the “apana” mark and the placement of the logo in relation to a similarly

styled name, creates a false suggestion of an affiliation, connection or association between

Defendants and/or its products and prAna and/or its products.

prAna is not affiliated with Defendants. prAna has not consented to, sponsored,

endorsed, or approved of the production, marketing, or sale of Defendants’ products under the

Infringing Marks.

SCHWABE, WILLIAMSON & WYATT, P.C.
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Pacwest Center
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900
Case 3:18-cv-01174-YY Document 1 Filed 07/02/18 Page 11 of 18

Defendants’ actions reflect an intent to confuse consumers and profit from the

goodwill and consumer recognition associated with the prAna brand and the PRANA Marks.

Defendants have acted knowingly and willfully, in reckless disregard of prAna’s

rights, and in bad faith.

Defendants’ actions, described above, have damaged and irreparably injured and,

if permitted to continue, will further damage and irreparably injure prAna, its PRANA Marks,

and the goodwill and reputation associated therewith.

Defendants’ actions, described above, have damaged and irreparably injured and,

if permitted to continue, will further damage and irreparably injure the public, who has an

interest in being free from confusion, mistake and deception.

FIRST CLAIM FOR RELIEF

(Federal Trademark Infringement Under 15 U.S.C. § 1114)

prAna incorporates the allegations of paragraphs 1 through 42 as though fully

stated herein.

prAna owns the federally registered PRANA Marks, which were used and

registered before Defendants commenced use of the Infringing Marks in the United States.

The Infringing Marks are nearly identical to the PRANA Marks. The Infringing

Marks are used by Defendants on and in connection with products identical or related to those

marketed under the PRANA Marks.

Defendants have engaged in the manufacture, distribution, advertising, offering

for sale, and sale of products using the Infringing Marks in interstate commerce and/or in

commerce affecting interstate commerce.

Defendants’ use of the Infringing Marks in connection with the manufacture,

distribution, advertising, offering for sale, and sale of products has been without the permission

or authority of prAna.

SCHWABE, WILLIAMSON & WYATT, P.C.
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Pacwest Center
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Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900
Case 3:18-cv-01174-YY Document 1 Filed 07/02/18 Page 12 of 18

Defendants’ continued use of the Infringing Marks in connection with the

manufacture, distribution, advertising, offering for sale and sale of its products has been with full

knowledge of prAna’s rights in and to its federally registered PRANA Marks. Such acts are

without prAna’s authority or consent, are intended to, have and are likely to continue to confuse

consumers as to the source of Defendants’ products and to falsely suggest a connection or

association between prAna and Defendants and/or their respective products.

Defendants’ unlawful activities have resulted and will continue to result in

irreparable harm and injury to prAna, in that, among other things, they deceive the relevant

consuming public as to the origin of and sponsorship or association between prAna and

Defendants; they deprive prAna of control over the nature, design, and quality of products

associated with the federally-registered PRANA Marks; they injure prAna’s relationships with

its customers; and they wrongfully trade and capitalize upon prAna’s reputation and goodwill

and the commercial value of the federally-registered PRANA Marks.

Defendants’ use of the Infringing Logo as alleged herein constitutes the use in

commerce of a reproduction, copy, or colorable imitation of the registered PRANA Marks in

connection with the manufacture, distribution, advertising, offering for sale, and sale of the

Defendants’ products, which use is likely to cause confusion, to cause mistake, or to deceive as

to the source or origin of the Defendants’ products in violation of 15 U.S.C. § 1114(1).

prAna has no adequate remedy at law. Unless Defendants are preliminarily and

permanently enjoined from committing the unlawful acts alleged herein, including the

unauthorized use in commerce of the Infringing Logo, prAna will continue to suffer irreparable

harm in the form of, inter alia, loss of control over the goodwill associated with the federally-

registered PRANA Marks. Accordingly, prAna is entitled to injunctive relief pursuant to 15

U.S.C. § 1116 restraining Defendants, their officers, agents, and employees, and all other persons

acting in concert with them, from engaging in any further such acts of trademark infringement in

violation of the Lanham Act.
SCHWABE, WILLIAMSON & WYATT, P.C.
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Pacwest Center
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900
Case 3:18-cv-01174-YY Document 1 Filed 07/02/18 Page 13 of 18

Pursuant to 15 U.S.C. § 1117(a), prAna is also entitled to recover the damages it

has sustained and will sustain as a result of Defendants’ wrongful conduct, and the gains, profits,

and advantages that Defendants have obtained as a result of their wrongful conduct. At present,

prAna is unable to ascertain the full extent of its damages, or the gains, profits, and advantages

that Defendants have obtained by reason of their wrongful conduct described herein.

Defendants’ conduct makes this an exceptional case under 15 U.S.C. § 1117(a)

and thus, prAna is entitled to an award of attorneys’ fees and costs.

SECOND CLAIM FOR RELIEF

(False Designation of Origin, Passing Off and Unfair Competition in Violation of 15

U.S.C. § 1125(a))

prAna incorporates the allegations of paragraphs 1 through 53 as though fully

stated herein.

Defendants’ use of the apana logo, the “apana” brand name, and the placement

and stylizing of the name and the logo together in connection with the apana products as alleged

herein constitutes the use in commerce of a word, term, name, symbol, or device, which use is

likely to cause confusion, or to cause mistake, or to deceive, as to the affiliation, connection, or

association of Defendants with prAna, or as to the origin, sponsorship, or approval of

Defendants’ products or Defendants’ commercial activity by prAna, in violation of 15 U.S.C. §

1125(a)(1).

prAna has no adequate remedy at law. Unless Defendants are preliminarily and

permanently enjoined from committing the unlawful acts alleged herein, including the

unauthorized use in commerce of the Infringing Marks, prAna will continue to suffer irreparable

harm in the form of, inter alia, loss of control over the goodwill associated with the PRANA

Logo. Accordingly, prAna is entitled to injunctive relief pursuant to 15 U.S.C. § 1116 restraining

Defendants, their officers, agents, and employees, and all other persons acting in concert with

SCHWABE, WILLIAMSON & WYATT, P.C.
Page 13 - COMPLAINT FOR TRADEMARK INFRINGEMENT Attorneys at Law
Pacwest Center
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900
Case 3:18-cv-01174-YY Document 1 Filed 07/02/18 Page 14 of 18

them, from engaging in any further such acts of unfair competition, false designation of origin

and passing off in violation of the Lanham Act.

Pursuant to 15 U.S.C. § 1117(a), prAna is also entitled to recover damages it has

sustained and will sustain as a result of Defendants’ wrongful conduct, and the gains, profits, and

advantages that Defendants have obtained by reason of their wrongful conduct described herein.

Defendants’ conduct makes this an exceptional case under 15 U.S.C. § 1117(a)

and thus, prAna is entitled to an award of attorneys’ fees and costs.

THIRD CLAIM FOR RELIEF

(Trademark Infringement, False Advertising and Unfair Competition Under

Oregon Common Law)

prAna incorporates the allegations of paragraphs 1 through 58 as though fully

stated herein.

Defendants’ acts constitute common law trademark infringement, false

advertising and unfair competition, and will continue to create a likelihood of confusion or to

deceive the purchasing public and others, whereby they would be led to mistakenly believe that

Defendants are affiliated with, related to, sponsored by, or connected with prAna, to the

irreparable injury of prAna and its PRANA Marks, unless restrained by this Court, as prAna has

no adequate remedy at law for this injury.

Defendants acted with full knowledge of prAna’s use of, and statutory and

common law rights to, the PRANA Marks and without regard to the likelihood of confusion of

the public created by their activities.

Defendants’ actions demonstrate an intentional, willful, and malicious intent to

trade on the goodwill associated with the PRANA Marks to the great and irreparable injury of

prAna.

SCHWABE, WILLIAMSON & WYATT, P.C.
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Case 3:18-cv-01174-YY Document 1 Filed 07/02/18 Page 15 of 18

As a result of Defendants’ acts, prAna has been damaged in an amount not as yet

determined or ascertainable. At a minimum, however, prAna is entitled to injunctive relief, an

accounting of Defendants’ profits, and prAna’s damages and costs.

Further, in light of the deliberately fraudulent and malicious use of confusingly

similar imitations of the PRANA Marks, and the need to deter Defendants from similar conduct

in the future, prAna is additionally entitled to punitive damages.

FOURTH CLAIM FOR RELIEF

(Unlawful Trade Practices in Violation of ORS §§ 646.605 et seq.)

prAna incorporates the allegations of paragraphs 1 through 64 as though fully

stated herein.

Defendants have been and are passing off its goods as those of prAna, causing a

likelihood of confusion or misunderstanding as to the source, sponsorship or approval of

Defendants’ products, causing a likelihood of confusion as to Defendants’ affiliation, connection

or association with prAna, and/or otherwise damaging the public.

Defendants’ conduct constitutes unfair and deceptive acts or practices in the

course of business, trade or commerce in violation of Oregon’s Unlawful Trade Practices Act,

ORS §§ 646.605 et seq.

Defendants’ unauthorized use of confusingly similar imitations of the PRANA

Marks has caused and is likely to continue causing substantial injury to the public and to prAna,

and prAna is entitled to injunctive relief and to recover damages, costs and reasonable attorneys’

fees.

FIFTH CLAIM FOR RELIEF

(Unjust Enrichment)

prAna incorporates the allegations of paragraphs 1 through 68 as though fully

stated herein.

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Case 3:18-cv-01174-YY Document 1 Filed 07/02/18 Page 16 of 18

In committing the acts alleged herein, Defendants have willfully and knowingly

copied and infringed the PRANA Marks for their own purposes and, as a direct and proximate

result of its improper acts, Defendants have been unjustly enriched.

prAna has suffered, and will continue to suffer, loss of profits by virtue of

Defendants’ conduct and their improper acts have caused and are continuing to cause irreparable

injury to the reputation and goodwill that prAna has established over the years.

prAna is therefore entitled to an award of Defendants’ unjust profits and prAna’s

lost profits.

JURY DEMAND

Pursuant to Fed. R. Civ. P. 38(b), prAna hereby demands a trial by jury of all

issues so triable that are raised herein or which hereinafter may be raised in this action.

PRAYER FOR RELIEF

WHEREFORE, prAna respectfully requests that this Court enter judgment in its favor on

each and every claim for relief set forth above, and award it relief, including but not limited to

the following:

1. An Order declaring that Defendants’ uses of the Infringing Marks infringe the

PRANA Marks, and constitute unfair competition, false designation of origin and passing off

under federal and/or state law, as detailed above;

2. A permanent injunction enjoining Defendants and their employees, agents,

partners, officers, directors, owners, shareholders, principals, subsidiaries, related companies,

affiliates, distributors, dealers, wholesale customers, and all persons in active concert or

participation with any of them:

a. From using the Infringing Marks in any form, including in connection with any

other wording or designs;

b. From using any other marks, logos, designations, or indicators of source that are
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Case 3:18-cv-01174-YY Document 1 Filed 07/02/18 Page 17 of 18

confusingly similar to any of the PRANA Marks on or in connection with the

manufacturing, distribution, advertisement, offering for sale, or sale of any goods

or services;

c. From representing by any means whatsoever, directly or indirectly, that

Defendants, any products or services offered by Defendants, or any activities

undertaken by Defendants are associated or connected in any way with prAna, or

sponsored by or affiliated with prAna;

d. From otherwise competing unfairly with prAna; and

e. From assisting, aiding, or abetting any other person or business entity in engaging

in or performing any of the activities referred to in subparagraphs (a)-(d) above.

3. An Order directing Defendants, pursuant to 15 U.S.C. § 1118, to destroy all

products, packaging, labels, tags, wrappers, receptacles, signs, advertisements, promotional

materials, advertisements, websites, and/or any other materials and things that contain or bear

any of the designations the use of which is enjoined under the injunctions prayed for herein;

4. An Order directing Defendants to disseminate pre-approved corrective

advertising, and send pre-approved letters to all customers, resellers, retailers, agents, partners,

and/or representatives to address the likely confusion caused by use of the Infringing Marks;

5. An Order directing Defendants, pursuant to 15 U.S.C. § 1116(a), to file with the

Court and serve upon counsel for prAna, within thirty (30) days after the service on Defendants

of the injunctions prayed for herein, a report in writing under oath setting forth in detail the

manner and form in which they have complied with the injunctions;

6. An Order requiring Defendants to account for and pay to prAna any and all profits

arising from the foregoing acts, and increasing such profits, in accordance with 15 U.S.C. § 1117

and other applicable laws;

7. An Order requiring Defendants to pay prAna damages in an amount as yet

undetermined caused by the foregoing acts, and trebling such damages in accordance with 15
SCHWABE, WILLIAMSON & WYATT, P.C.
Page 17 - COMPLAINT FOR TRADEMARK INFRINGEMENT Attorneys at Law
Pacwest Center
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900
Case 3:18-cv-01174-YY Document 1 Filed 07/02/18 Page 18 of 18

U.S.C. § 1117 and other applicable laws;

8. An Order requiring Defendants to pay prAna all of its litigation expenses,

including reasonable attorneys’ fees and the costs of this action pursuant to 15 U.S.C. § 1117 and

other applicable laws; and

9. Any other and further relief as the Court may deem just and proper.

Dated this 2nd day of July, 2018.
Respectfully submitted,

SCHWABE, WILLIAMSON & WYATT, P.C.

By: s/ Nicholas F. Aldrich
Nicholas F. Aldrich, OSB #160306
Angela E. Addae, OSB #163335
Telephone: 503.222.9981
Facsimile: 503.796.2900

Of Attorneys for Plaintiff

SCHWABE, WILLIAMSON & WYATT, P.C.
Page 18 - COMPLAINT FOR TRADEMARK INFRINGEMENT Attorneys at Law
Pacwest Center
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900

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