Beruflich Dokumente
Kultur Dokumente
Document 1
Filed 01/26/16
Page 1 of 7
existing under the laws of the State of Delaware and authorized to do business in the State of
Oregon, with its corporate offices and principal place of business in Portland, Oregon.
Page 1 -
038039/09000/6974438v4
Case 3:16-cv-00141-BR
2.
Document 1
Filed 01/26/16
Page 2 of 7
limited liability company duly organized and existing under the laws of the State of Oregon, with
its corporate offices and principal place of business in Astoria, Oregon.
JURISDICTION AND VENUE
3.
This Court has jurisdiction under 28 U.S.C. 1331 and 1338(a) because
this case involves claims arising under the Lanham Act of 1946, 15 U.S.C. 1051 et seq., for the
remedies set forth in 15 U.S.C. 1114, 1116, and 1117.
4.
5.
6.
HOUSE SPIRITS for goods in International Class 33, namely Distilled Spirits.
7.
The HOUSE SPIRITS mark has been used in commerce at least since
December 20, 2008. Plaintiff has actively promoted and sold distilled spirits, including Aviation
Gin, Krogstad Aquavit, Volstead Vodka, House Spirits Coffee Liqueur, and a series of limited
release small batch spirits. Through its use of the HOUSE SPIRITS mark, Plaintiff has
established valuable trademark rights and goodwill throughout the United States.
8.
United States Patent and Trademark Office ("USPTO") (Serial Number 86783472) to register the
name "PILOT HOUSE SPIRITS" as a trademark on an intent-to- use basis in the same class
(International Class 33) and for the same kinds of goods (Blended spirits; Brandy spirits;
Distilled Spirits; Distilled spirits of agave nectar; Potable spirits; Prepared cocktails consisting
primarily of distilled spirits and also including beer; Spirits; Spirits and liqueurs; Whiskey
Page 2 -
038039/09000/6974438v4
Case 3:16-cv-00141-BR
Document 1
Filed 01/26/16
Page 3 of 7
spirits) for which Plaintiff's HOUSE SPIRITS mark is registered. No action has been taken by
the USPTO with respect to the application. On information and belief, at or about the time of
Defendant's application for registration, Defendant began using the name PILOT HOUSE
SPIRITS to promote and sell distilled spirits in violation of Plaintiff's rights in the HOUSE
SPIRITS mark.
9.
Plaintiff brings this action to enjoin Defendant from using the name
"PILOT HOUSE SPIRITS" or any other name that is confusingly similar to the HOUSE
SPIRITS mark. Plaintiff also seeks damages and attorney fees for Defendant's acts of
infringement.
FACTUAL ALLEGATIONS
10.
U.S. Reg. No. 3,584,839, issued March 3, 2009 for the HOUSE SPIRITS
mark, was assigned by original registrant House Spirits LLC to Plaintiff House Spirits Distillery
LLC effective June 20, 2011.
11.
No. 3,584,839, issued March 3, 2009, for the HOUSE SPIRITS mark, which is published on the
Principal Register.
12.
pursuant to Sections 15 and 33(b) of the Lanham Act, 15 U.S.C. 1065 and 1115(b).
13.
At least since December 20, 2008, Plaintiff and its predecessor House
Spirits LLC have continuously used the HOUSE SPIRITS mark to promote Plaintiff's distilled
spirits products. Plaintiff has sold and continues to sell its products under the HOUSE SPIRITS
mark throughout the United States and internationally and has promoted, and continues to
Page 3 -
038039/09000/6974438v4
Case 3:16-cv-00141-BR
Document 1
Filed 01/26/16
Page 4 of 7
promote, the HOUSE SPIRITS mark through the advertising and sale of its products and
services.
14.
SPIRITS mark, the mark has acquired a distinctiveness and secondary meaning among
consumers throughout the United States. Plaintiff now owns valuable goodwill in the HOUSE
SPIRITS mark.
15.
constructive notice of Plaintiff's rights in the HOUSE SPIRITS mark prior to Defendant's use of
the "PILOT HOUSE SPIRITS" name.
17.
19.
confusion, mistake, or deception in that persons are likely to believe that the products Defendant
markets and sells are in some way connected with, sponsored by, approved by, or endorsed by
Plaintiff. Defendant's use of the name "PILOT HOUSE SPIRITS" violates 15 U.S.C. 1114(1).
20.
038039/09000/6974438v4
Case 3:16-cv-00141-BR
21.
Document 1
Filed 01/26/16
Page 5 of 7
has sustained, all damages it continues to sustain, and any benefit or profit that Defendant has
derived from its infringement. Alternatively, Plaintiff is entitled to recover a reasonable royalty
on any and all infringing sales.
22.
continued use of the infringing mark after receiving and rejecting Plaintiff's demands to cease
and desist from using the infringing mark.
23.
1117(a), at least with respect to damages resulting from Defendant's continued use of the
infringing mark after receiving and rejecting Plaintiff's demands to cease and desist from using
the infringing mark.
24.
goods or services using the name "PILOT HOUSE SPIRITS" or any other name that is
confusingly similar to the HOUSE SPIRITS mark;
(ii)
federal trademark, service mark, or trade name registration for any mark or trade name
Page 5 -
038039/09000/6974438v4
Case 3:16-cv-00141-BR
Document 1
Filed 01/26/16
Page 6 of 7
for "PILOT HOUSE SPIRITS" or any other name that is confusingly similar to the
HOUSE SPIRITS mark;
(iii)
doing any other act or thing that is likely to induce the belief that
Defendant's products are in some way connected with Plaintiff or that is likely to
diminish the distinctiveness of the HOUSE SPIRITS mark.
B.
its possession or under its control which contains the term "PILOT HOUSE SPIRITS";
C.
Ordering Defendant to account for and pay over to Plaintiff all profits
G.
Granting such other and further relief as the Court deems is just and
equitable.
/////
/////
/////
/////
/////
/////
/////
Page 6 -
038039/09000/6974438v4
Case 3:16-cv-00141-BR
Document 1
Filed 01/26/16
Page 7 of 7
Page 7 -
038039/09000/6974438v4