Professional Documents
Culture Documents
854410
smithv@lanepowell.com
Parna A. Mehrbani, OSB No. 053235
mehrbanip@lanepowell.com
LANE POWELL PC
601 SW Second Avenue, Suite 2100
Portland, Oregon 97204-3158
Telephone: 503.778.2100
Facsimile: 503.778.2200
DISTRICT OF OREGON
PORTLAND DIVISION
Plaintiff Pendleton Woolen Mills, Inc. ("plaintiff' or "Pendleton") files this Complaint
unfair and deceptive trade practices, and declaratory judgment arising out of the Trademark Act
of 1946, 15 U.S.c. § 1051 et seq. (2002) ("the Lanham Act"); the Declaratory Judgment Act,
§§ 2201-2202; the Oregon Unlawful Trade Practices Act, ORS §§ 646.605-646.656 (2009); the
Oregon anti-dilution statute, ORS 647.107 (2009); and the common law.
PAGE 1 - COMPLAINT
LANE POWELL PC
confusingly similar to Pendleton's trademarks as set forth below. Defendant's use of the
Pendleton's trademarks.
THE PARTIES
3. Plaintiff Pendleton Woolen Mills, Inc. is a corporation organized and existing
under the laws of the state of Oregon, with a principal place of business at 220 NW Broadway,
under the laws of the state of Oregon, with a principal place of business at 1205 S W Court,
5. This Court has original subject matter jurisdiction over this action under the
Lanham Act pursuant to 15 U.S.C. §§ 1116 and 1121 and 28 U.S.C. §§ 1331 and 1338. This
Court has supplemental jurisdiction over Pendleton's state and common law claims pursuant to
28 U.S.C. § 1367.
6. This Court has personal jurisdiction over Defendant under 28 U.S.C. § 1331
because Defendant has distributed, sold, or offered for sale merchandise under the infringing
trademark within this state, has engaged in acts or omissions within this state causing injury, has
manufactured, distributed, sold, or offered for sale products used or consumed within this state in
the ordinary course of trade, resides in this state, or otherwise has made or established contacts
resides in this District and/or is subject to personal jurisdiction in this District. Moreover, a
PAGE 2 - COMPLAINT
LANE POWELL PC
601 SW SECOND AVENUE, SUITE 2100
0054360569/5070188 .1 PORTLAND, OREGON 97204·3158
503 .778 .2100 FAX 503 .778.2200
substantial part of the events or omissions giving rise to the claims herein occurred in this
District and, upon information and belief, important and relevant records are located in this
District.
substantial part of the events or omissions giving rise to the claims occurred in this Division and
the intellectual property at issue is owned by Pendleton and thus resides in this Division.
FACTUAL BACKGROUND
9. Pendleton owns numerous federal registrations issued by the U.S. Patent and
Trademark Office ("USPTO") for the trademark PENDLETON for use on a variety of goods.
attached as Exhibits 1-13, incorporated herein and made a part hereof. Pendleton also owns
numerous federal registrations for marks containing the term PENDLETON, including
WINERY, Reg. No. 3,662,604; PENDLETON ECO-WISE WOOL, Reg. No. 3,638,636;
BORN IN OREGON, Reg. No. 2,395,884; NOR' WESTER WEAR BY PENDLETON, Reg.
Nos. 777,919, 777,908, and 663,602; SIR PENDLETON, Reg. No. 715,837; and PENDLETON
49'ER, Reg. No. 666,627. Collectively, the PENDLETON trademarks are referred to herein as
PAGE 3 - COMPLAINT
LANE POWELL PC
601 SW SECOND AVENUE, SUITE 2100
005436.0569/5070188.1 PORTLAND, OREGON 97204-3158
503,778,2100 FAX 503,778,2200
10. As an example of Pendleton's long-term use of its PENDLETON Marks,
Pendleton has been using PENDLETON on blankets and throws since at least as early as 1895
11. In addition to sales of products and services pursuant to the registrations listed in
paragraph 9 above, Pendleton has sold numerous additional products under the mark
PENDLETON and marks including "PENDLETON" together with other words. For example,
Pendleton has used the mark PENDLETON in connection with scented lotions, soaps, and other
PENDLETON Marks, the PENDLETON Marks have gained significant recognition and
13. The PENDLETON Marks have acquired distinctiveness with respect to the
14. Since at least as early as 1997, Defendant has been a licensee of Pendleton and
thus acknowledged Pendleton's ownership and rights in the PENDLETON Marks via a license
15. In addition, since at least as early as 2003, Defendant has either expressly or
constructively acknowledged Pendleton's ownership and rights in the PENDLETON Marks via a
trademark licensing arrangement that has existed since about 2003 between Pendleton and a third
party and likewise between Defendant and the same third party. The products produced via the
aforementioned arrangement are c?-branded with Pendleton's PENDLETON mark and marks
16. Defendant is currently selling or in the past has sold personal products, including
confusingly similar to the PENDLETON Marks when used on goods similar or related to the
PAGE 4 - COMPLAINT
LANE POWELL PC
601 SW SECOND AVENUE, SUITE 2100
005436056915070188 .1 PORTLAND. OREGON 97204-3158
503 .778 .2100 FAX 503.778.2200
various goods and services offered by Pendleton. Defendant's products sold under the Infringing
Mark compete with Pendleton's products sold under the PENDLETON Marks.
17. Defendant's use of the Infringing Mark includes, but is not limited to, using a
form, format, or design that emphasizes solely the PENDLETON portion of the Infringing Mark.
18. On information and belief, Defendant has encouraged and/or allowed the
manufacturer and/or distributor of its fragrance products to use and apply to register the mark
PENDLETON FRAGRANCES for use on fragrance products, which is nearly identical and
19. Defendant's activities are likely to cause confusion, mistake, and deception as to
the affiliation, connection, or association of Defendant with Pendleton, and as to the origin,
inflicting irreparable harm to the goodwill symbolized by the PENDLETON Marks, for which
21. Pendleton repeats and realleges each of the allegations set forth in paragraphs 1
22. The PENDLETON Marks and the goodwill of the business associated with it are
of great value, are highly distinctive, and have become associated in the public mind with
23. Defendant's use of the Infringing Mark is likely to cause confusion, deception,
and mistake by creating the false and misleading impression that Defendant's goods are
PAGE 5 - COMPLAINT
LANE POWELL PC
601 SW SECOND AVENUE, SUITE 2100
0054360569/5070188.1 PORTLAND, OREGON 97204-3158
SOl 7782100 FAX 50l.778 .2200
24. Defendant's use of the Infringing Mark that is confusingly similar to Pendleton's
activities have caused and, unless enjoined by this Court, will continue to cause a likelihood of
confusion and deception of members of the trade and public and, additionally, irreparable harm
and injury to Pendleton's goodwill and reputation as symbolized by the federally registered
trade on the goodwill associated with Pendleton's federally registered PENDLETON Marks to
Pendleton's great and irreparable injury and are in knowing and willful violation of Pendleton's
26. As a direct and proximate result of Defendant's conduct, Pendleton has suffered
damages to its valuable PENDLETON Marks and other damages in an amount to be proven at
trial.
27. Defendant has cause.d and is likely to continue causing substantial injury to the
public and to Pendleton, and Pendleton is entitled to injunctive relief and to recover Defendant's
profits, actual damages, enhanced profits and damages, costs, and reasonable attorneys' fees
28. Pendleton repeats and realleges each of the allegations set forth in paragraphs 1
PAGE 6 - COMPLAINT
LANE POWELL PC
601 SW SECOND AVENUE, SUITE 2100
005436 .0569/5070188 .1 PORTLAND, OREGON 97204-3 15 8
5037782100 FAX 503 .778.2200
30. Upon information and belief, Defendant has intentionally and willfully used the
31. As a direct and proximate result of Defendant's conduct, Pendleton has suffered
damages to its valuable PENDLETON Marks and other damages in an amount to be proven at
trial.
32. Pendleton has no adequate remedy at law, and if Defendant's activities are not
enjoined, Pendleton will continue to suffer irreparable harm and injury to its goodwill and
reputation.
33. Pendleton repeats and realleges each of the allegations set forth in paragraphs 1
34. Pendleton has extensively and continuously promoted, advertised, and used the
PENDLETON Marks in the U.S. for more than a century and the marks have thereby acquired
distinctiveness and become famous and well-known symbols of Pendleton's goods and services.
35. Defendant's use of the Infringing Mark began after the PENDLETON Marks
became famous.
36. Defendant is making commercial use of the Infringing Mark that dilutes and is
likely to dilute the distinctiveness of Pendleton's PENDLETON Marks by eroding the public's
exclusive identification of these famous marks with Pendleton, tarnishing and degrading the
positive associations and prestigious connotations of the marks, and otherwise lessening the
trade on the goodwill associated. with Pendleton's PENDLETON Marks to the great and
PAGE 7 - COMPLAINT
LANE POWELL PC
60 I SW SECOND AVENUE, SUITE 2100
0054360569/5070188 .1 PORTLAND, OREGON 97204-) 158
50) 7782100 FAX 50) .778.2200
38. Defendant's conduct has caused, and is likely to continue causing, substantial
injury to Pendleton's goodwill and business reputation, and dilution of the distinctiveness and
39. Pendleton repeats and realleges each of the allegations set forth in paragraphs 1
40. Defendant's acts set forth above violate Oregon laws, and particularly
ORS 647.107, in that Defendant has diluted the distinctive quality of the PENDLETON Marks,
causing irreparable harm to Pendleton's goodwill and business reputation. Pendleton is entitled
to injunctive relief and to recover damages, costs, and reasonable attorneys' fees.
41. Pendleton repeats and realleges each of the allegations set forth in paragraphs 1
42. Defendant's acts constitute common law trademark infringement and unfair
competition, and have created and will continue to create a likelihood of confusion to the
irreparable injury of Pendleton and its PENDLETON Marks unless restrained by this Court, as
43. On information and belief, Defendant acted with full knowledge of Pendleton's
use of, and statutory and common law rights to, the PENDLETON Marks and without regard to
trade on the goodwill associated with the PENDLETON Marks to the great and irreparable injury
of Pendleton.
PAGE 8 - COMPLAINT
LANE POWELL PC
601 SW SECOND AVENUE, SUITE2100
005436.0569/5070188.1 PORTLAND, OREGON 97204-3 158
5037782100 FAX : 503.778.2200
45. As a result of Defendant's acts, Pendleton has been damaged in an amount not as
relief, an accounting of Defendant's profits, damages, and costs. Further, in light of the
deliberately fraudulent and malicious use of confusingly similar imitations of the PENDLETON
Marks, and the need to deter Defendant from similar conduct in the future, Pendleton
46. Pendleton repeats and realleges each of the allegations set forth in paragraphs 1
47. Defendant's unauthorized use of the PENDLETON Marks have caused and are
48. Defendant has been and is intentionally and willfully passing off its goods as
the public.
PENDLETON Marks has caused and is likely to cause substantial injury to the public and to
Pendleton, and Pendleton is entitled to injunctive relief and to recover damages, costs, and
50. Pendleton repeats and reaUeges each of the allegations set forth in paragraphs 1
PAGE 9 - COMPLAINT
. LANE POWELL PC
601 SW SECOND AVENUE, SUITE 2100
005436 .0569/5070188 .1 PORTLAND, OREGON 97204·3158
503 .778.2100 FAX 503.778 .2200
51. On July 15, 2010, Defendant filed an intent-to-use application in the USPTO to
register the mark PENDLETON ROUND-UP for "Fragrances" in International Class 3, and was
52. Pendleton's registrations for the PENDLETON Marks have earlier filing dates
than Defendant's application for PENDLETON ROUND-UP for use on fragrances, hence
53. Pendleton's use of the mark PENDLETON in connection with scented lotions,
soaps, and other scented bath products, which are categorized in the same International
54. Prior to the Defendant's application filing date of July 15, 2010, Pendleton had
been using the mark PENDLETON in interstate commerce in connection with candles, scented
lotions, scented soaps, and other scented bath products for several years. These goods are similar
or related to, and in the same International Classification as, fragrances. Hence, Pendleton's use
55. The goods on which Defendant intends to use and is using its PENDLETON
ROUND-UP mark, as evidenced by Defendant's application, are similar and/or related to the
56. Defendant's mark P'E NDLETON ROUND-UP IS nearly identical III sight and
connection with related goods, with!n the meaning of 15 U.S.C. § 1052( d).
USPTO issued two office actions refusing registration of the mark. In its second office action,
PAGE 10 - COMPLAINT
LANE POWELL PC
601 SW SECOND AVENUE, SUITE 2100
005436.056915070188.1 PORTLAND, OREGON 97204-3158
503778 .2100 FAX : 503.778 .2200
the USPTO denied Defendant's claim of acquired distinctiveness based on prior registrations.
The USPTO indicated that Defendant could "submit evidence that the relevant purchasing
community would be likely to ~ee the proposed mark, and more importantly the term
distinctiveness because (a) of Pendleton's longstanding and continuous use of the various
PENDLETON marks for a wide variety of goods and services; (b) Pendleton has priority in the
International Class that includes fragrances; (c) Defendant's mark has not acquired
distinctiveness for the goods identified in Defendant's application because Defendant's use has
not been substantially exclusive or continuous; (d) the goods in Defendant's application are not
the same or related to the goods or services in its prior registrations on which it bases its claim of
acquired distinctiveness; and (e) ~ny evidence submitted by Defendant showing consumers'
based on Pendleton's various PENDLETON marks, which have priority and acquired
60. Pendleton will be damaged by the registration Defendant seeks because the
registration will assist and support 'Defendant in the confusing and misleading use of the mark
PENDLETON ROUND-UP and will give color of exclusive statutory rights to Defendant in
61. Accordingly, Defendant has no right to register the mark PENDLETON ROUND
62. Plaintiff respectfully demands a trial by jury on all claims and issues so triable.
WHEREFORE, Plaintiff Pendleton Woolen Mills, Inc. respectfully prays for judgment as
follows:
PAGE 11 - COMPLAINT
LANE POWELL PC
601 SW SECOND A VENUE, SUITE 2100
0054360569/5 070188 .1 PORTLAND, OREGON 97204·3 158
503.778 .2 100 FAX : 503 .778.2200
1. That Defendant and all of its agents, officers, employees, representatives,
successors, assigns, attorneys, and all other persons acting for, with, by, through, or under
authority from Defendant, or in copcert or participation with Defendant, and each of them, be
designation of any kind on or in connection with Defendant's goods that is a copy, reproduction,
colorable imitation, simulation of, confusing similar to, or in any way similar to the trademarks,
designation of any kind on or in coonnection with Defendant's goods or services that is likely to
cause confusion, mistake, deception, or public misunderstanding that such goods or services are
designation of any kind on or in connection with Defendant's goods that dilutes or is likely to
dilute the distinctiveness of the trademarks, service marks, names, or logos of Pendleton; and
Defendant's goods as those of Pendleton, or otherwise continuing any and all acts of unfair
2. That Defendant account for and pay over to Pendleton profits realized by
Defendant by reason of its unlawful acts herein alleged and that the amount of damages for
trademark infringement of the PENDLETON Marks be increased by a sum not exceeding three
PAGE 12 - COMPLAINT
LANE POWELL PC
601 SW SECOND AVENUE, SUITE 2100
005436.0569/5070188.1 PORTLAND, OREGON 97204-3 158
503.778.2100 FAX 503 .778.2200
3. That Pendleton be awarded actual damages in an amount to be proven at trial and
punitive damages, and that such damages be increased by a sum not exceeding three times the
amount thereof as provided by law by reason of Defendant's willful and intentional conduct.
4. That the Court declare that Defendant has no right to register the PENDLETON
ROUND-UP mark for use on "Fragrances," or on any goods similar or related to the goods and
5. That the Court order Defendant to abandon the U.S. trademark application for
85/085,903.
incurred herein.
8. That Pendleton be awarded such other and further relief as the Court deems just
and equitable.
LANE POWELL PC
By~~~=-~-=~~~~~~_________
Vicki L. Smith, OSB No. 854410
Parna A. Mehrbani, OSB No. 053235
Telephone: 503.778.2100
Attorneys for Plaintiff Pendleton Woolen Mills,
Inc., an Oregon corporation
PAGE 13 - COMPLAINT
LANE POWELL PC
601 SW SECOND AVENUE, SUITE 2100
005436.056915070188.1 PORTLAND, OREGON 97204-3 [58
503 .778 .2 [00 FAX 503.778.2200
Int. Cl.: 33
Prior U.S. as.: 47 and 49
Reg. No. 3,574,742
United States Patent and Trademark Office Registered Feb. 17, 2009
TRADEMARK
PRINCIPAL REGISTER
PENDLETON
PENDLETON WOOLEN MILLS, INC. (OREGON THE MARK CONSISTS OF STANDARD CHAR
CORPORATION) ACTERS WITHOUT CLAIM TO ANY PARTICULAR
FONT, STYLE, SIZE, OR COLOR.
220 NW BROADWAY
SEC. 2(F).
FOR: DISTILLED SPIRITS, IN CLASS 33 (U.S. CLS.
47 AND 49). SER. NO. 77-336,487, FILED 11-26-2007.
EXHI B1T---r-.I_;.
PAGE I
Int. CI.: 20
Prior U.S. as.: 2, 13,22,25,32, and 50
Reg. No. 3,555,536
United States Patent and Trademark Office Registered Dec. 30, 2008
TRADEMARK
SUPPLEMENTAL REGISTER
PENDLETON
PENDLETON WOOLEN MILLS, INC. (OREGON THE MARK CONSISTS OF STANDARD CHAR·
CORPORAnON) ACTERS WITHOUT CLAIM TO ANY PARTICULAR
220 NW BROADWAY FONT, STYLE, SIZE, OR COLOR.
PORTLAND, OR 972W
OWNER OF U.S. REG. NOS. 2,713,136, 3,049,323,
FOR: SOFAS; CHAJRS; TABLES; BEDS; OTTO· AND OTHERS.
MANS; DRESSERS; CHESTS; l"IGHTSTANDS; MIR·
RORS, IN CLASS 20 (U.S. CLS. 2, 13,22, 25,32 AND SER. NO. 77-336,514, FILED P.R. 11·26·2007; ANI'.
EXHIBIT
PAGE
{L
~
Int. CI.: 21
Prior U.S. as.: 2, 13, 23, 29, 30, 33, 40 and 50
Reg. No. 3,574,743
United States Patent and Trademark Office Registered Feb. 17, 2009
TRADEMARK
PRINCIPAL REGISTER
PENDLETON
PENDLETON WOOLEN MILLS, INC. (OREGON THE MARK CONSISTS OF STANDARD CHAR
CORPORATION) ACTERS WITHOUT CLAIM TO ANY PARTICULAR
220 NW BROADWAY FONT, STYLE, SIZE, OR COLOR.
PORTLAND, OR 97209
FOR: DINNERWARE, NAMELY, PLATTERS, OWNER OF U.S . REG. NOS. 2,713,136, 3,049,323
PITCHERS, PLATES, BOWLS, BEVERAGE GLAS AND OTHERS.
NOT OF PAPER AND NOT BEING TABLE UNEN. SER . NO. 77-336,531, FILED 11-26-2007.
EXHIBIT~J=-_
PAGE I
Int. CI.: 25
Prior U.S. as.: 22 and 39
Reg. No. 3,568,773
United States Patent and Trademark Office Registered Jan. 27, 2009
TRADEMARK
SUPPLEMENTAL REGISTER
PENDLETON
PENDLETON WOOLEN MILLS, INC. (OREGON THE MARK CONSISTS OF STANDARD CHAR
CORPORATION) ACTERS WITHOUT CLAIM TO ANY PARTICULAR
220 NW BROADWAY FONT, STYLE, SIZE, OR COLOR.
PORTLAND, OR 972f1j OWNER OF U.S. REG. NOS. 913,742, 2,059,665,
AND OTHERS.
FOR: FOOTWEAR, IN CLASS 25 (U.S. CLS. 22 AND
39). SER. NO. 77-531,405, FILED P.R. 7-25-2008; AM . S.R.
12-12-2008.
EXHIBIT 4 ,
II.....:.......----:_
PAGE.__
PENDLETON
Reg. No.3,718,175 P ENDLETON WOOLEN MlLLS, INC. (OREGON CORPORATION)
Registered Dec. 1,2009 220 NW BROADWAY
PORTLAND, OR 97209
SEC. 2( 1' ).
CAROLTNEWOOD, EXAMINTNGAITORNEY
EXHIBIT ~.~ .
" _-r--=-~~_
PAGE,_
Int. CI.: 30
Prior U.S. 0.: 46
Reg. No. 3,297,528
United States Patent and Trademark Office . Registered Sep. 25, 2007
TRADEMARK
PRINCIPAL REGISTER
PENDLETON
PENDLETON WOOLEN MILLS, INC. (OREGON THE MARK CONSISTS OF STANDARD CHAR
CORPORATION) ACTERS wrrnOUT CLAIM TO ANY PARTICULAR
220 NW BROADWAY FONT, STYLE, SIZE, OR COLOR.
PORTLAND, OR 972r:B
FOR: BARBECUE SAUCE, IN CLASS 30 (U.S. CL. SER. NO. 78-842,174, FILED 3-21-2006.
46).
EXHIBIT~(~O__
PAGE [
Int. Cis.: 18, 24 and 35
Prior U.S. Os.: 1, 2,3,22,41,42,50, 100, 101 and 102
Reg. No. 3,049,323
United States Patent and Trademark Office Registered Jan. 24, 2006
TRADEMARK
SERVICE MARK
PRINCIPAL REGISTER
PENDLETON
FOR: RETAIL STORE SERVICES, MAIL ORDER SER. NO. 78452,195, FILED 7-16-2004.
CATALOG SERVICE, AND ONLINE RETAIL STORE
SERVICES FEATURING A WIDE VARIETY OF MARlA-VICTORIA SUAREZ, EXAMINING ATTOR
HOUSEHOLD AND CONSUMER GOODS, SUCH NEY
EXHIBIT T
PAGE I
Int. 0.: 14
Prior U.S. Os.: 2, 27, 28 and 50
Reg. No. 2,951,453
United States Patent and Trademark Office Registered May 17, 2005
TRADEMARK
PRINCIPAL REGISTER
PENDLETON
PENDLETON WOOLEN MILLS, INC. (OREGON OWNEROFU.S. REG. NOS. 514,710, 2,713,136 AND
CORPORATION) OTHERS.
220 NW BROADWAY
PORTLAND, OR 97208 SEC.2(F).
FOR: JEWELRY ANTI WATCHES, IN CLASS 14
(U.S. CLS. 2, 27, 28 AND 50). SER. NO. 78-310,260, FILED 10-7-2003.
EXHIBIT Z;
PAGE I
Int. 0.: 25
TRADEMARK
PRINCIPAL REGISTER
PENDLETON
Y
EXHIBIT-"'"""!"''---
PAGE !
Int. Cl.: 25
Prior U.S. CIs.: 22 and 39
Reg. No. 2,059,665
United States Patent and Trademark Office Registered May 6, 1997
TRADEMARK
PRINCIPAL REGISTER
EXHIBIT 10
PAGE I
.... J
Int. Cl.: 24
United States Patent and Trademark Office Registered Nov. 30, 1982
TRADEMARK
PrincipaJ Register
Pendleton Woolen Mills (Oregon corporation) For: BLANKETS, in CLASS 24 (U.S. CI. 42).
EXHIBIT-+-\-,-'_
P.AGE \
Int. CI.: 25
Prior U.S. C1.: 39
Reg. No. 913,742
United States Patent and Trademark Office Registered JUDe 8, 1971
10 'IOear Renewal Renew.1 Term Bellins June 8, 1991
TRADEMARK
PRINCIPAL REGISTER
PENDLETON
EXHIBIT~1d-=---_
PAGE,_ _I<--_
lJat. a.: 24
PrIor v.s. a.: 42 Res. No. 514,710
UDited States PateDt ad Trademark Office R~ered Sep. 6, 1lN9
IleDenl OG DIlle Scp. 19. 1989
TRADEMARK
PRINCIPAL REGISTER
PENDLETON
SEC. 2(1').
EXHIBIT \~
PAGE \
"1S 44 (Rev 12/07)
CIVIL COVER SHEET
The JS 44 civil cover sheetand the information contained herein neither replace nor supplement the filing and service ofpJeadings or other papers as required by law, except as provided
by local rules of court. This fonn, approved by the Judicial Conference of the United States in September 1974, IS required for the use of the Clerk of Court for the purpose ofmitiating
the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
PENDLETON WOOLEN MILLS, INC., an Oregon corporation, THE ROUND UP ASSOCIATION, an Oregon corporation,
(b) County of Residence of First Listed Plaintiff ..:.M:.;.::u;..:lt;..:no=..:..;.m;.:a::.;.h:.-_____ County of Residence of First Listed Defendant _U_m_a_ti_lI_a________
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE IN LAND CONDEMNATION CASES , USE THE LOCATION OFTHE
LAND INVOLVED.
CV '11 - 5 92 '
(c) Attorney 's (Firm Name, Address, and Telephone Numbell' Attorneys (If Known)
Vicki L. Smith and Parna A. Mehrbani 1 Lane Powell PC 1
601 SW Second Avenue, Suite 21001 Portland, OR 97204-31581
7 .21
II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL P ARTIES(Place an "X" in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
o I U.S. Government I!!I 3 Federal Queslion PTF DEF PTf DEI'
Plaintiff (U.S. Government Not a Party) Citizen of This State 0 I I o
Incorporated or Principal Place 0 4 0 4
of Business In This State
o 2 U.S. Government o 4 Diversity Cilizen of Another State o 2 0 2 Incorporated and Principal Place o 5 0 5
Defendant of Business In Another State
(Indicate Citizenship of Parties in Item 11\)
o 3 0 3 Foreign Nation o 6 0 6
o
o
110
120
C(]NTRACT
Insurance
Marine 0
PERSONAL INJURY
310 Airplane
TORTS
PERSONAL INJURY
0 362 Personal Injury -
o
o
FORFEITUREIPENALTY
610 Agricull1Jre
620 Other Food & Drug
o
o
BANKRU.PTC~
0
0
~RSTATUTES
0 130 Miller Act 0 315 Airplane Ptoduct Med. Malpractice o 625 Drug Related Seizure 28 USC 157 0 430 Banks and Banking
o 140 Negotiable Instrument Liability 0 365 Personal Injury - of Ptoperty 21 USC 881 0 450 Commerce
o 150 Recovery of Overpayment 0 320 Assault, Libel & Product Liability o 630 Liquor Laws PROPERTY RIGHTS 0 460 Deportalion
& Enforcemenl ofJudgment Slander 0 368 Asbestos Personal o 640 R.R. & Truck o 820 Copyrights 0 470 Racketeer Influenced and
o 151 Medicare Act 0 330 Federal Employers ' Injury Product o 650 Airline Regs. o 830 Patenl Corrupt Organizations
o 152 Recovery of Defaulted Liability Liability o 660 Occupational J8I 840 Trademark 0 480 Conswner Credit
Student Loans 0 340 Marine PERSONAL PROPERTY SafetylHealth 0 490 CablelSat TV
(Exc!. Veterans) 0 345 Marine Product 0 370 Other Fraud o 690 Other 0 810 Selective Service
0 153 Recovery of Overpayment Liability 0 371 Truth in Lending ABOR ., • . SOC IAI ,SEC JR _y o .. ' 0 850 Securities/Commodities/
of Veteran 's Benefits 0 350 Motor Vehicle 0 380 Other Personal o 710 Fair Labor Standards o 861 HIA (I395ff) Exchange
0 160 Stockholders' Suits 0 355 Motor Vehicle Property Damage Act o 862 Black Lung (923) 0 875 CuslOmer Challenge
o 190 Other Contract Product Liability 0 385 Property Damage o 720 LaborlMgml. Relations o 863 D1WCIDIWW (405(g» 12 USC 3410
o 195 Contract Product Liability 0 360 Other Personal Ptoduct Liability o 730 LaborlMgmt.Reporting o 864 SSlD Title XVI 0 890 Other Statutory Actions
o 196 Franchise Iniury
.. -
& Disclosure Act o 865 RSI(405(g» 0 891 Agricultural Acts
REAL PROPERTY CIVIL RIGHTS pRISONER PETJTl NS o 740 Railway Labor Act FEDERAL TAX SUITS 0 892 Economic Stabilization Act
o 210 Land Condemnation 0 441 Voting 0 sio Motions to Vacate o 790 Other Labor Litigation o 870 Taxes (U.S. Plaintiff 0 893 Environmental Mailers
o 220 Foreclosure 0 442 Employment Sentence o 791 Empl. Ret. Inc. or Defendant) 0 894 Energy Allocation Act
o 230 Rent Lease & Ejectment 0 443 Housing! Habeas Corpus: Security Act o 871 IRS-Third Party 0 895 Freedom of Information
o 240 Torts to Land Accommodations 0 530 General 26 USC 7609 Act
o 245 Tort Product Liability 0 444 Welfare 0 535 Death Penalty IMMIGRATJON 0 900Appeal of Fee Detennination
o 290 All Other Real Ptoperty 0 445 Amer. wlDisabilities- 0 540 Mandamus & Other o 462 Naturalization Application Under Equal Access
Employment 0 550 Civil Rights o 463 Habeas Corpus - to Juslice
0 446 Amer. wlDisabilities - 0 555 Prison Condition Alien Detainee 0 950 Constitutionality of
Other o 465 Other Immigration State Statutes
0 440 Other Civil Rights Actions
VII. REQUESTED IN
COMPLAINT:
DATE
05/16/2011
FOR OffiCE USE ONLY