Sleash Complaint

1 COMPLAINT FOR TRADEMARK INFRINGEMENT
121 SW Morrison, Ste. 400

Portland OR 97204
j

John Mansfield, OSB No. 055390
MANSFIELDLAW
121 SW Morrison Ave., Suite 400
Portland OR 97204
971.271.8615
[email protected]

Thomas J. Rossa (pro hac vice pending)
Stephen B. Mosier (pro hac vice pending)
HAYES SOLOWAY PC
4640 E. Skyline Drive
Tucson, Arizona 85718
520.882.7623
[email protected]
[email protected]

\

Attorneys for Plaintiff
Sleash, LLC

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
SLEASH, LLC, a Colorado Limited Liability
Company.

Plaintiff,

vs.

ONE PET PLANET, LLC, an Oregon
Limited Liability Company, AMAZING PET
PRODUCTS, an Oregon Limited Liability
Company, and CHOO CHOO IMPORTS,
LLC, an Oregon Limited Liability Company,

Defendants.

Case No. 3:14-cv-863

COMPLAINT FOR TRADEMARK
INFRINGEMENT

DEMAND FOR JURY TRIAL

Case 3:l4-cv-00863-ST Document l Filed 05/28/l4 Page l of l8 Page lD#: l

Portland OR 97204
j

SLEASH, LLC complains against One Pet Planet, LLC, Amazing Pet Products, and Choo
Choo Imports, LLC as follows:
I. THE PARTIES
1. Plaintiff SLEASH, LLC, (SLEASH or Plaintiff) is a Colorado limited
liability company having its principal place of business in Littleton, Colorado.
2. Since 2010, SLEASH has been in the business of designing and selling PET
SPECIALTY PRODUCTS such as toys associated with household dogs.
3. Defendant One Pet Planet (OPP or Defendant OPP) is an Oregon limited
liability company having its principal place of business at 203 SE Alder Street, Portland, Oregon
97214.
4. On information and belief, OPP is in the business of, inter alia, obtaining
products from manufacturers in other countries such as China and reselling such products for use
in connection with pets, including some PET SPECIALTY PRODUCTS.
5. On information and belief, Defendant Amazing Pet Products (APP or
Defendant APP) is an Oregon limited liability company having its principal place of business
at 203 SE Alder Street, Portland, Oregon 97214.
6. On information and belief, Defendant APP has obtained certain PET
SPECIALTY PRODUCTS from manufacturers in other countries such as China via another US
importer and, upon further information and belief, has sold or transferred such PET SPECIALTY
PRODUCTS to OPP for use and/or resale by OPP. On information and belief, APP is operated or
owned by, or under common control with, OPP.
Case 3:l4-cv-00863-ST Document l Filed 05/28/l4 Page 2 of l8 Page lD#: 2

Portland OR 97204
j

7. Defendant Choo Choo Imports, LLC (CHOO CHOO or Defendant CHOO
CHOO) is an Oregon limited liability company having its principal place of business at 203 SE
Alder Street, Portland, Oregon 97214.
8. On information and belief, Defendant CHOO CHOO has obtained certain PET
SPECIALTY PRODUCTS from manufacturers in other countries such as China and, upon
further information and belief, has sold or transferred such PET SPECIALTY PRODUCTS to
APP for use or further sale, or sold or transferred such products to OPP for use and/or resale by
OPP. On information and belief, CHOO CHOO is operated or owned by, or under common
control with, OPP.
II. JURISDICTION AND VENUE
9. This Court has subject matter jurisdiction under 15 U.S.C. 1121(a), 28 U.S.C.
1331 and 1338(a), (b).
10. Venue is proper in this district under 28 U.S.C. 1391(b)(1) because all of the
defendants have a principal place of business in this district and in this division of this district.
Venue is also proper in this district under 28 U.S.C. 1391(b)(2) because all of the defendants
have committed acts constituting or contributing to the infringement alleged, so that a substantial
part of the acts and events giving rise to the claims occurred in this judicial district.
III. BACKGROUND
11. In approximately 2010, Joseph A. Buescher (BUESCHER) and Michael A.
Saber (SABER) invented a system which includes an arm-like structure configured to be
grasped by the hand on one end and with structure at the other end sized to fit into a slot or
pocket associated with a dog toy such as a ball or disc like or type structure. The arm-like
structure may be fitted into the slot or pocket and then manipulated so that the toy can be cast or

Portland OR 97204
j

flung a distance believed to be farther than one can throw without the arm-like structure.
Repetitive use with a dog can lead to dog saliva deposits on the toy. Use of the arm-like structure
allows the user to avoid contact with the toy and the saliva. A separate handle device may be
connected to the arm to facilitate transport of accessories like a leash. The system is hereinafter
referred to as the ARM SYSTEM.
12. BUESCHER and SABER filed utility and design patent applications having
claims directed to the ARM SYSTEM and components thereof. Several of the design patent
applications issued as United States Letters Design patents listing BUESCHER and SABER as
co-inventors and in turn joint owners of the patent rights granted thereby.
13. SLEASH began manufacturing and selling PET SPECIALTY PRODUCTS which
are products specifically intended for use with pet dogs. The products include, but are not limited
to, leashes and toys for dogs including components of the ARM SYSTEM. From in or about
May 2011 to at least December 2012, SLEASH marketed PET SPECIALTY PRODUCTS under
and using the trademark, SLINGER, a mark owned by Chilkoot Trail Ventures, LLC
(CHILKOOT) and exclusively licensed to SLEASH along with the right to sue for
infringement.
14. By a trademark license agreement dated May 12, 2014, retroactive to the first use
by SLEASH in May of 2011, CHILKOOT granted SLEASH an exclusive license to use the
trademark SLINGER and a related trademark SLEASH in a specific field of use, namely:
the field of PET SPECIALTY PRODUCTS. A copy of the trademark license agreement is
attached as Exhibit 1. Pursuant to that May 12, 2014 trademark license agreement, SLEASH
acquired the right to sue for infringement of the licensed trademarks.

Portland OR 97204
j

15. CHILKOOT filed for and later obtained U.S. Trademark Registration Number
4,192,951 registered August 21, 2012 for the mark SLINGER in international class 028, and U.S.
Trademark Registration Number 4,020,413 registered August 30, 2011 for the mark SLEASH in
international class 018. A copy of the registration of the mark SLINGER is attached as Exhibit 2.
16. After about May of 2011, sales of the PET SPECIALTY PRODUCTS of
SLEASH, some of which used the SLINGER trademark, including the ARM SYSTEM,
expanded into several states within just six months after introduction. SLEASH used the
trademark SLINGER and the trademark SLEASH in interstate commerce in connection with
PET SPECIALTY PRODUCTS continuously between May 2011 and at least December 28,
2012.
17. On information and belief, OPP discovered Plaintiffs PET SPECIALTY
PRODUCTS including products using the SLINGER trademark and the SLEASH trademark in
the marketplace in or about late 2011 or early 2012. Upon further information and belief, OPP
recognized the value in the design of the PET SPECIALTY PRODUCTS including products
using the SLINGER trademark and the SLEASH trademark and the good will SLEASH had
already developed for the SLINGER and SLEASH-branded products in the PET SPECIALTY
MARKET. Thereafter OPP approached SLEASH expressing a desire to obtain rights to market
the PET SPECIALTY PRODUCTS including products using the SLINGER trademark and the
SLEASH trademark only in the PET SPECIALTY MARKET.
18. In discussions between SLEASH and OPP, OPP led SLEASH to believe, and
SLEASH believed, that if and when OPP obtained rights to make and sell the PET SPECIALTY
PRODUCTS including products using the SLINGER trademark and the SLEASH trademark,
OPP would act promptly and use its connections in China to obtain product promptly and to

Portland OR 97204
j

launch sales of PET SPECIALTY PRODUCTS including products using the SLINGER
trademark and the SLEASH trademark expeditiously and in substantial quantities. In turn,
significant sales could be expected within a few months.
19. OPP led SLEASH to believe, and SLEASH believed, that OPP would be able to
make the PET SPECIALTY PRODUCTS of SLEASH ready for mass market retail through
OPPs existing relationships with overseas manufacturers and on/offshore distributor contacts so
that SLEASH could expect substantial royalties on sales of SLINGER branded products within
one or two quarters after signing a licensing agreement.
20. OPP represented to SLEASH, and SLEASH believed, that OPP could cause its
overseas manufacturers to produce the SLINGER products at a low cost while using
substantially the same quality materials to maintain or even exceed the high quality of the PET
SPECIALTY PRODUCTS including products using the SLINGER trademark and the SLEASH
trademark then being produced by SLEASH.
21. OPP represented and acknowledged that any agreement between SLEASH and
OPP would include provisions that would allow SLEASH to have control of the quality of any
and all products sold, distributed or displayed under the SLINGER brand and the SLEASH brand
of SLEASH, and the right to approve the materials to be used in manufacturing the SLINGER
line of products.
22. On information and belief, OPP caused an agreement to be drafted which
purported to reflect the intentions of the parties, which agreement is entitled License
Agreement (the OPP LICENSE), which SLEASH signed on or about December 28, 2012. A
copy of the OPP LICENSE is attached as Exhibit 3.

Portland OR 97204
j

23. The OPP LICENSE purports to license trademark rights including the mark
SLEASH and the mark SLINGER and patent rights relating to the ARM SYSTEM.
24. While the OPP LICENSE on its face purports to be a contract between OPP and
SLEASH, the owner of the SLINGER mark was not made a party to the agreement. The OPP
LICENSE (which OPP drafted) purports to license rights under multiple issued patents, multiple
pending patent applications and multiple trademarks, utilizing a unitary royalty schedule which
fails to differentiate among the respective patent rights granted, and fails to specify separate,
identifiable royalties under each of the separate issued patents or pending patent applications
licensed. The products which are the subject of the OPP LICENSE do not all encompass or fall
within the scope of all of the claims of all licensed issued patents or pending patent applications.
The OPP LICENSE fails to specify separate royalties for each issued patent or pending patent
application licensed, and provides for royalties (in the same amounts) whether or not the
products fall within the scope of the claims of more than one or none of the licensed patents or
pending patent applications, rendering the royalty provision contained in the OPP LICENSE
(which OPP drafted) contrary to public policy, invalid and not lawfully enforceable. Further,
certain key definitions set forth in the OPP LICENSE are vague, confusing, circulatory and
otherwise indefinite, in material respects. Accordingly, Plaintiff and Defendant OPP never
entered into any valid or enforceable written agreement.
25. Notwithstanding multiple legal deficiencies preventing the formation or legal
effectiveness of the OPP LICENSE, OPP undertook certain steps to have manufactured PET
SPECIALTY PRODUCTS that could be sold under the SLINGER trademark. OPP did not
proceed timely, however, but instead delayed such that OPP sold no products in 2013 under any
brand or mark of SLEASH, and specifically no SLINGER products. OPP failed to provide

Portland OR 97204
j

SLEASH with any sample product until July 2013, and the sample provided was of substandard
quality and was disapproved by SLEASH. Thereafter, SLEASH requested OPP to furnish
additional samples on multiple occasions, but apart from a ball" sample relating solely to a
single SLINGER product, SLEASH was not provided any further samples of products that OPP
proposed to make and market under the SLINGER brand until February, 2014. Upon
examination of those February 2014 samples, SLEASH also disapproved them in material part,
due to non-conformance with quality and workmanship, and use of materials which were both
unsuitable and unapproved by SLEASH.
26. Upon information and belief, OPP arranged for Defendant CHOO CHOO to
acquire PET SPECIALTY PRODUCTS under the SLINGER mark in or before January 2014
from one or more manufacturers located outside of the United States, and to import them as
consignee into the United States for delivery, transfer and/or sale to Defendant APP for further
sale, delivery and/or sale to OPP. Thus, in or about January 2014, OPP possessed PET
SPECIALTY PRODUCTS marked with the trademark SLINGER, which were never approved
by SLEASH.
27. In or about February 2014, OPP provided samples of the PET SPECIALTY
PRODUCTS marked with the SLINGER mark (which samples OPP had obtained, upon
information and belief, from Defendant APP) to SLEASH. Upon receipt of the samples in
February 2014, SLEASH found that the sample PET SPECIALTY PRODUCTS were of
unacceptable quality because, inter alia, the paddle of the SLINGER product would not fit
correctly into the pocket of some toys, the pockets of all toys were not made consistent with the
specifications of SLEASH, the rope disc toys did not meet stitching specifications, the plush toys
were made of unapproved, substandard material and of a lesser denier than specified by

Portland OR 97204
j

SLEASH, and the thread used to sew the plush toys did not meet specifications of SLEASH.
Even the sewing of the plush toys of the PET SPECIALTY PRODUCTS received by SLEASH
as samples from OPP failed to meet commercially acceptable standards.
28. Thereafter, Plaintiff SLEASH informed OPP by email dated March 3, 2014 that
the sample products were not acceptable, and requested that any containers of product that had
not shipped from China be held outside the United States to prevent damage to the brand and
image of the SLINGER trademark.
29. On April 18, 2014, SLEASH gave OPP notice that the OPP LICENSE had not
been validly formed under substantive governing law, and that even if formed, had been
breached by, inter alia, OPPs use of unapproved materials and other failures to meet the
standards and specifications for the SLINGER PET SPECIALTY PRODUCTS provided by
SLEASH, and because OPP had failed to cure timely all such deficiencies.
30. On April 28, 2014, OPP reported to SLEASH that it had in fact sold PET
SPECIALTY PRODUCTS under the SLINGER mark which, on information and belief, are the
same as the unapproved samples provided to SLEASH in February 2014. Sale of such PET
SPECIALTY PRODUCTS under the SLINGER mark were never approved by SLEASH and
were unauthorized. Such unauthorized sales were also outside the scope of the License granted to
OPP, even assuming arguendo the License was both properly formed and then in existence.
Exhibit 4 is a copy of the report showing OPPs sales of unapproved and unauthorized PET
SPECIALTY PRODUCTS.
31. On information and belief, OPP has additional SLINGER PET SPECIALTY
PRODUCTS in inventory, and has acknowledged to SLEASH having sold certain such PET
SPECIALTY PRODUCTS. Further, OPP proposes to continue to offer such PET SPECIALTY

10
COMPLAINT FOR TRADEMARK INFRINGEMENT

Portland OR 97204
j

PRODUCTS for sale in the United States, notwithstanding that SLEASH has previously objected
to the sub-standard quality of, and to the materials used by OPP in such products. Such sales by
OPP will cause damage at least to the good will associated with the trademark SLINGER. Upon
information and belief, the additional SLINGER PET SPECIALTY PRODUCTS are the same as
the samples provided to SLEASH in February 2014, are not approved and thus are being sold
and offered for sale without authority of SLEASH. The additional SLINGER PET SPECIALTY
PRODUCTS, if different from the samples of February 2014, were also sold and offered for sale
without authority from SLEASH because SLEASH has never seen them or approved of them.
32. On information and belief, OPP began selling PET SPECIALTY PRODUCTS
under the SLINGER mark which were the same as the samples provided to SLEASH in February
2014 without authority from SLEASH, because SLEASH did not provide OPP rights to sell PET
SPECIALTY PRODUCTS under the SLINGER trademark without approval of such PET
SPECIALTY PRODUCTS by SLEASH as to quality and materials. On information and belief,
OPP has net sales of PET SPECIALTY PRODUCTS sold under the SLINGER mark, without
authority from SLEASH, exceeding $19,000, with more sales expected imminently.
33. The samples of PET SPECIALTY PRODUCTS which OPP provided to SLEASH
contain the SLINGER trademark without the required marking to indicate that the mark is
a registered trademark, and some of those same products also list patent numbers that are not
applicable, and thus make representations which are false and misleading to consumers.
34. Upon information and belief, Choo Choo has improperly imported, APP has
improperly acted as a transfer agent, and OPP has sold and continues improperly to sell products
that are similar in appearance or a close replica of SLEASH products branded under the
SLINGER mark. OPP is using the SLINGER trademark and is selling without authority products
Case 3:l4-cv-00863-ST Document l Filed 05/28/l4 Page l0 of l8 Page lD#: l0

11

Portland OR 97204
j

which are similar in appearance or a close replica of SLEASH branded products even though
OPPs products are of sub-standard quality and without authorization by SLEASH.
35. By using the SLINGER mark to brand itself and its products, OPP and others
acting in concert or association with OPP are palming off and passing off OPPS products never
authorized or approved by SLEASH and of inferior quality to the products of SLEASH.
36. Plaintiff SLEASH has inspected samples of OPP products provided by OPP to
SLEASH, and based thereon, is informed and believes that OPPs PET SPECIALTY
PRODUCTS are inferior in quality and performance to PlaintiffS PET SPECIALTY
PRODUCTS. Consumers who believe that OPPs PET SPECIALTY PRODUCTS are sold by,
associated with, sponsored by, or affiliated with Plaintiff will associate OPPs substandard PET
SPECIALTY PRODUCTS with Plaintiff or its branded products. That false association, and the
other false and misleading representations, will cause imminent harm to Plaintiff SLEASH and
to the good will associated with the trademark SLINGER, and will also be harmful to consumers.
COUNT I
TRADEMARK INFRINGEMENT UNDER THE LANHAM ACT
37. Plaintiff adopts and incorporates by reference the allegations set forth in
paragraphs 1 36 the same as if fully set forth herein.
38. OPPs use in the United States of the term SLINGER as a trademark in
connection with products useful with pets including PET SPECIALTY PRODUCTS is likely to
cause consumer confusion, deception or mistake.
39. OPPs acts constitute unlawful use in commerce of a reproduction, counterfeit,
copy, or colorable imitation of a registered mark in connection with the sale, offering for sale,
distribution, or advertising of goods which is likely to cause confusion, or to cause mistake, or to
Case 3:l4-cv-00863-ST Document l Filed 05/28/l4 Page ll of l8 Page lD#: ll

12

Portland OR 97204
j

deceive. Thus, OPPs acts and conduct constitute unlawful trademark infringement in violation
of 15 U.S.C. 1114 and 1125.
40. OPPs acts have been committed with knowledge that such imitation is intended
to be used to cause confusion, or to cause mistake, or to deceive. OPPs acts and conduct as
alleged herein are knowing, intentional, deliberate, willful, malicious, and/or in bad faith, making
this an exceptional case under 15 U.S.C. 1117(a). Thus, SLEASH is entitled to increased
damages.
41. OPPs acts of trademark infringement are causing imminent irreparable harm to
SLEASH and the goodwill associated with the trademark SLINGER. Thus, SLEASH is entitled
to a temporary restraining order, preliminary injunction and permanent injunction restraining
OPP from all further acts of unauthorized infringement of the trademark SLINGER because
OPPs acts will continue to cause imminent irreparable injury to SLEASH and to the public for
which there is no adequate remedy at law.
42. SLEASH is entitled to recover its attorneys fees associated with this action.
COUNT II
UNFAIR COMPETITION UNDER THE LANHAM ACT
paragraphs 1 36 the same as if fully set forth herein.
44. OPPs unauthorized use of the term SLINGER to brand OPPs PET SPECIALTY
PRODUCTS is likely to cause consumer confusion, mistake or deception.
45. Consumers are likely to confuse those OPP products with Plaintiffs products,
thereby harming Plaintiffs brand and reputation, and resulting in a loss of sales to Plaintiff.

13

Portland OR 97204
j

46. OPPs conduct is likely to cause confusion, mistake and deception of consumers
as to the source of origin of its goods, or Plaintiffs sponsorship or association therewith.
47. OPPs acts constitute palming off, passing off and unfair competition in violation
of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). OPPs acts constitute a false
designation of origin that is likely to cause confusion, or to cause mistake, or to deceive the
general public as to the affiliation, connection, or association of OPPs products with Plaintiffs,
or as to the origin, sponsorship, or approval by Plaintiff of OPPs products.
48. OPPs acts have been committed with knowledge that such palming off and
passing off is intended to be used to cause confusion, or to cause mistake, or to deceive. OPPs
acts and conduct as alleged herein are knowing, intentional, deliberate, willful, malicious, and/or
in bad faith, making this an exceptional case under 15 U.S.C. 1117(a). In turn, SLEASH is
entitled to increased damages.
49. OPPs acts of palming off and passing off are causing imminent irreparable harm
to SLEASH and will continue to cause irreparable harm unless restrained. Thus, SLEASH is
entitled to a temporary restraining order, preliminary injunction and permanent injunction
restraining OPP from all further acts of palming off and passing off and causing confusion as to
the source of goods because there is no adequate remedy at law.
COUNT III
CONTRIBUTORY TRADEMARK INFRINGEMENT
paragraphs 1 36, 38 and 39 the same as if fully set forth herein.

14

Portland OR 97204
j

52. Upon information and belief, Defendants CHOO CHOO and APP have
intentionally induced Defendant OPP to receive PET SPECIALTY PRODUCTS having the
mark SLINGER thereon or associated therewith and to offer the same for sale and to sell the
same without license or authority and thereby to unlawfully infringe the trademark SLINGER of
SLEASH.
53. Upon information and belief, Defendants CHOO CHOO and APP have acted to
enable OPP to receive and to offer the same for sale and to sell the same without license or
authority and thereby to infringe the trademark SLINGER of SLEASH.
54. Upon information and belief, Defendants CHOO CHOO and APP have
contributed to the unlawful use in commerce of a reproduction, counterfeit, copy, or colorable
imitation of a registered mark in connection with the sale, offering for sale, distribution, or
advertising of goods on or in connection with which such use is likely to cause confusion, or to
cause mistake, or to deceive. Thus the acts and conduct of Defendants CHOO CHOO and APP
constitute unlawful trademark infringement or contributory trademark infringement in violation
of 15 U.S.C. 1114 and 1125.
55. The acts of Defendants CHOO CHOO and APP have been committed with
knowledge that such imitation by OPP is intended to be used to cause confusion, or to cause
mistake, or to deceive. The acts and conduct of Defendants CHOO CHOO and APP as alleged
herein are knowing, intentional, deliberate, willful, malicious, and/or in bad faith, making this an
exceptional case under 15 U.S.C. 1117(a). Thus, SLEASH is entitled to increased damages.
56. The acts of Defendants CHOO CHOO and APP contributing to the trademark
infringement by OPP are causing imminent irreparable harm to SLEASH and the goodwill
associated with the trademark SLINGER. Thus, SLEASH is entitled to a temporary restraining

15

Portland OR 97204
j

order, preliminary injunction and permanent injunction restraining Defendants CHOO CHOO
and APP, separately and together, from all further acts contributing to the unauthorized use and
unlawful infringement by OPP of the trademark SLINGER because the acts of Defendants
CHOO CHOO and APP will continue to cause irreparable injury to SLEASH and to the public
for which there is no adequate remedy at law.
JURY DEMAND
58. Plaintiff SLEASH demands trial by jury on all issues triable by a jury.
PRAYER
In view of the foregoing, Plaintiff SLEASH, LLC prays the Court grant judgment in its
favor and against One Pet Planet, LLC (OPP), Choo Choo Imports, LLC (CHOO CHOO)
and Amazing Pet Products (APP) as follows:
1. This Court has jurisdiction over the parties to this action and over this cause of action.
2. Venue is proper in this Court.
3. SLINGER is a valid registered trademark and is enforceable.
4. SLEASH has the right to sue OPP for infringement of the trademark SLINGER and
to recover damages therefor.
5. OPP is unlawfully infringing the trademark SLINGER.
6. OPP is unlawfully palming off, passing off and causing confusion as to the source of
goods by selling products that are replicas of those offered by SLEASH.
7. CHOO CHOO and APP have contributed to the unlawful infringement of the
trademark SLINGER by OPP.

16

Portland OR 97204
j

8. OPP, CHOO CHOO, and APP, separately and together, along with their agents,
servants, employees, attorneys, and all those persons in active concert or participation
with any and all of them, shall be temporarily, preliminarily and permanently
enjoined and restrained from selling any product for use by canine pets found in a
household in association with the trademark SLINGER mark, or any other name or
mark or domain name that is the same as or is a colorable imitation of Plaintiffs
trademark SLINGER or is otherwise confusingly similar to the trademark SLINGER
of Plaintiff.
9. OPP, CHOO CHOO, and APP be ordered to separately file with this Court and to
serve upon Plaintiff, within thirty days after the entry and service on each of the
Defendants of the preliminary or permanent injunction or judgment of this Court, or
as otherwise ordered by this court, a report in writing and under oath, setting forth in
detail the manner and form in which each of the Defendants has complied with the
injunction including but not limited to:
a. All actions to recover and recall all products held to infringe the trademark
SLINGER.
b. All actions to recover and recall all literature promoting products held to
infringe the trademark SLINGER.
c. Discontinuation of marketing, selling, offering for sale and promoting products
held to infringe the trademark SLINGER, including all related website activities.
d. All actions undertaken to stop or cease manufacture, exportation and
importation of products held to infringe the trademark SLINGER.

17

Portland OR 97204
j

10. OPP, APP, and CHOO CHOO, separately and together each and all be ordered to
deliver to Plaintiff, for destruction or disposition, any and all products in the
possession, custody or control of each of OPP, APP, and/or CHOO CHOO, and their
employees and agents which infringe the trademark SLINGER as of the date of entry
of the injunction and/or final judgment, as well as all such infringing products which
come into their possession, custody or control thereafter. Said delivery shall be made
to Plaintiffs principal place of business in the United States on the thirtieth day after
the date of entry of the injunction and/or final judgment, unless some later time or
place within the United States is specified in writing by Plaintiff or otherwise ordered
by the Court by not later than twenty-one days prior to the otherwise-applicable date
of delivery.
11. Within 28 days of the date of entry of the judgment or as otherwise ordered by the
Court, OPP, CHOO CHOO and APP shall each separately file with the Court an
account for all sales, costs and profits arising from the sale of products held to
infringe the trademark SLINGER and all those products sold in violation of 15 USC
1114 and 1125; and thereafter shall pay over to Plaintiff all profits and advantages
derived from such unlawful sale of goods.
12. This is an exceptional case, and OPP, APP and CHOO CHOO shall each pay to
SLEASH three times the damages which have been incurred by SLEASH, plus
prejudgment interest on such amounts.
13. Plaintiff SLEASH shall recover its reasonable attorney fees incurred herein, plus the
costs of this action.

18

Portland OR 97204
j

14. Plaintiff SLEASH shall be awarded such other and further relief as the Court may
deem just and proper.

Respectfully submitted,

DATED: May 28, 2014 _ /s/John Mansfield
By: John Mansfield
MANSFIELDLAW
121 SW Morrison, Suite 400
Portland, OR 97204
971-271-8615
[email protected]

Thomas J. Rossa (pro hac vice pending)
Stephen B. Mosier (pro hac vice pending)
HAYES SOLOWAY PC
4640 E. Skyline Drive
Tucson, Arizona 85718
520.882.7623
[email protected]
[email protected]

Attorneys for Plaintiff Sleash, LLC


Sleash Complaint

Uploaded by

Copyright:

Available Formats

Sleash Complaint

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Sleash Complaint

Uploaded by

Copyright:

Available Formats

1 COMPLAINT FOR TRADEMARK INFRINGEMENT

121 SW Morrison, Ste. 400

You might also like