Beruflich Dokumente
Kultur Dokumente
MEDFORD DIVISION
following complaint against Defendant THE MAD ALCHEMIST ELIXIRS & POTIONS
alleges as follows:
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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
1.
2.
This Court has jurisdiction over the parties as they transact and solicit business
3.
substantial part of the events giving rise to the claims occurred within this Courts
jurisdiction.
THE PARTIES
4.
5.
6.
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
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. Plaintiffs products have
become associated with the mark. As provided in 15 U.S.C. 1115, Plaintiff has the
7.
Plaintiff advertises and sells its products through an online storefront and has an
locations in Arizona, Oregon, Washington, and Wisconsin where its products are sold.
8.
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 Dragons Breath.
Defendants use of the term Dragons Breath as a word mark is identical to the 604
9.
Plaintiff has not and does not consent to Defendants use in commerce of the
mark Dragons 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
Dragons 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
its products.
10.
nature, origin, and ownership of the products affiliated with the 604 Registration.
11.
Defendant from the use of the term Dragons Breath in commerce, including an
order from the Court requiring Defendant to remove all references to Dragons
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, Plaintiffs are further entitled
to recover Defendants profits from use of the Dragons Breath mark and the costs of
WHEREFORE, Plaintiff respectfully requests that this Court grant the following
relief:
1. That Defendant be enjoined from any use of the word Dragons Breath in
its business activities; that Defendant remove the Dragons 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;
4. Grant such additional relief as the Court deems just and proper.