1 Venable, Campillo, Logan & Meaney, P.C.

1938 East Osborn Road

2 Phoenix, Arizona 85016
3 Telephone (602) 631-9100
4 Facsimile (602) 631-4529
E-Mail docketing@vclmlaw.com
5 Michael F. Campillo (AZ Bar No 019014)
6 Joseph R. Meaney (AZ Bar No.017371)
7 Attorneys for Plaintiff

8
9 UNITED STATES DISTRICT COURT

10 DISTRICT OF ARIZONA

11
12 GRAND CANYON RESORT
CORPORATION, INC., DBA GRAND Case No.: 2:09-cv-00289
13 CANYON WEST
14 Plaintiff, COMPLAINT FOR
vs. DECLARATORY JUDGMENT,
15
TRADEMARK INFRINGEMENT,
16 GRAND CANYON WEST RANCH, TRADEMARK DILUTION, AND
LLC, UNFAIR COMPETITION
17
Defendant.
18
19
20
Plaintiff, by its undersigned attorneys alleges as follows:
21
22
JURISDICTION AND VENUE
23
1. This is a complaint for Trademark Infringement, Unfair Competition, and False
24
Description arising under § 43 of the Lanham Act (15 U.S.C. § 1125(a)) (Unfair
25
Competition and False Description).
26
2. This Complaint is properly filed in respect to an actual controversy of which
27
this Court has subject matter jurisdiction under the Federal Lanham Act (15 U.S.C. §
28

-1-
Case 2:09-cv-00289-FJM Document 1 Filed 02/12/2009 Page 1 of 8
1 1125 et seq.) and 28 U.S.C. § 1338(a) and under the Federal Declaratory Judgment
2 Act, 28 U.S.C.A. §§ 2201-02. The Court has supplemental jurisdiction to preside
3 over the Arizona state law claims pursuant to 28 U.S.C. § 1338(b) and under 28
4 U.S.C. § 1367.
5 3. Defendant Grand Canyon West Ranch, LLC is an Arizona Limited Liability
6 Company and its principal place of business is in the State of Arizona; this Court has
7 personal jurisdiction over the Defendant.
8 4. Venue is proper in this district under 28 U.S.C. §1391(b) and (c) because a
9 substantial part of the events or omissions giving rise to the claims occurred in this
10 district, a substantial part of the property that is the subject of the action is situated in
11 this district, and the defendant maintains its principal place of business in this district.
12
13 PARTIES
14 5. Plaintiff Grand Canyon Resort Corp. is a federally chartered corporation under
15 Section 17 of the Indian Reorganization Act with an address of 893 Highway 66,
16 Peach Springs, Arizona 86434.
17 6. Upon information and belief, Defendant Grand Canyon West Ranch, LLC, is
18 an Arizona limited liability company, with an address of 3750 E. Diamond Bar Ranch
19 Rd., Meadview, Arizona 86444.
20
21 FACTUAL BACKGROUND
22 7. Hualapai (“Wal-a-pie”) Nation is, and at all times mentioned herein was, a
23 federally recognized tribe with an address of P.O. Box 179, Peach Springs, Arizona
24 86434.
25 8. The Hualapai own and inhabit 108 miles along the south-western rim of the
26 Grand Canyon in Arizona.
27
28

-2-
Case 2:09-cv-00289-FJM Document 1 Filed 02/12/2009 Page 2 of 8
1 9. On or before October of 1998, the Hualapai established Plaintiff Grand Canyon
2 Resort Corporation, a Section 17 federal chartered corporation for the purposes of
3 developing “Grand Canyon West” for the purposes of tourism.
4 10. Since October 1998, the Plaintiff Grand Canyon Resort Corporation has
5 continuously operated the tourist destination referred to as “Grand Canyon West”, on
6 their rim of the Grand Canyon.
7 11. By 2000, Plaintiff Grand Canyon Resort Corporation’s tourism revenue from
8 Grand Canyon West was $2.8 million. Plaintiff offers several tourism related services
9 in interstate commerce at Grand Canyon West, including horseback rides, bus tours,
10 sight-seeing tours, air tours, lodging, and food services. Tourism services associated
11 with Grand Canyon West is the primary source of income for the Grand Canyon
12 Resort Corporation.
13 12. Due to the Plaintiff Grand Canyon Resort Corporation’s long and substantially
14 exclusive use of the mark “Grand Canyon West” to designate the name of and the
15 origin of tourism related services, the GRAND CANYON WEST mark has acquired
16 distinctiveness.
17 13. Upon information and belief, Mr. Nigel Turner is a manager and/or principal of
18 Defendant Grand Canyon West Ranch and also Heli-USA, Inc.
19 14. Heli-USA operates helicopter tours of the Grand Canyon. Heli-USA is a
20 former licensee of Plaintiff Grand Canyon Resort Corporation and operated helicopter
21 tours at Grand Canyon West up until about 2000. In 2000, the Plaintiff Grand
22 Canyon Resort Corporation terminated Heli-USA’s license to land on their property
23 including Grand Canyon West after a dispute between Mr. Turner and the Plaintiff
24 Grand Canyon Resort Corporation.
25 15. Upon information and belief in 2000-2001, Heli-USA and/or Defendant Grand
26 Canyon West Ranch purchased real property at 3750 E. Diamond Bar Ranch Road, in
27 Meadview Arizona, and began operation of a tourist destination.
28

-3-
Case 2:09-cv-00289-FJM Document 1 Filed 02/12/2009 Page 3 of 8
1 16. Mr. Nigel Turner or Defendant Grand Canyon West Ranch designated the
2 property at 3750 E. Diamond Bar Ranch Road, “Grand Canyon West Ranch”, and the
3 designation of said property as Grand Canyon West Ranch was done with knowledge
4 of the Plaintiff’s prior use of the term Grand Canyon West for its tourist destination.
5 17. The Defendant’s property on Diamond Bar Ranch Road and Plaintiff’s
6 property, Grand Canyon West, are both accessible from Diamond Bar Ranch Road.
7 18. Defendant Grand Canyon West Ranch refers to its property as “Grand Canyon
8 West Ranch”, has a sign above its entrance that reads “GRAND CANYON WEST
9 RANCH”, and competes with the Plaintiff Grand Canyon Resort Corporation in the
10 same market for tourists and their money.
11 19. Defendant Grand Canyon West Ranch operates a website
12 “grandcanyonranch.com” that advertises or promotes Defendant’s services at Grand
13 Canyon West Ranch. Upon information and belief, Defendant also advertises or
14 promotes services at Grand Canyon West Ranch in print.
15 20. Based on Defendant’s acts, the Plaintiff Grand Canyon Resort Corporation
16 customer’s have been misled or deceived that Defendant is, or is associated, licensed,
17 or sponsored by the Plaintiff.
18 21. The Hualapai filed application serial no. 76484111 for federal trademark
19 registration of their service mark, “GRAND CANYON WEST” in January of 2003.
20 22. Defendant opposed the Hualapai’s registration of “Grand Canyon West”
21 alleging that: (i) the mark was geographically descriptive and not entitled to
22 registration; and (ii) the Hualapai committed fraud in the procurement of the
23 registration.
24 23. The Trademark Trial and Appeal Board (Board) dismissed the Defendant’s
25 first ground for opposition and determined that the GRAND CANYON WEST mark
26 had acquired distinctiveness, but sustained the second ground because “fraud” was
27 committed in the procurement of the registration. The Hualapai appealed the Board’s
28 decision sustaining the opposition on “fraud” to the Court of Appeals for the Federal

-4-
Case 2:09-cv-00289-FJM Document 1 Filed 02/12/2009 Page 4 of 8
1 Circuit (Appeal No. 2009-1012). The appeal is pending. Defendant did not appeal the
2 Board’s dismissal of the Defendant’s claim that the mark was geographically
3 descriptive.
4
5 COUNT 1
6 (Declaratory Judgment)
7 24. The Plaintiff Grand Canyon Resort Corporation alleges and incorporates each
8 of the foregoing paragraphs as if fully set forth herein.
9 25. The Plaintiff Grand Canyon Resort Corporation requests that this Court issue a
10 declaratory ruling that is consistent with the Board’s ruling that the GRAND
11 CANYON WEST mark has acquired distinctiveness.
12
13 COUNT 2
14 (Trademark Infringement, False Advertising, False Designation of Origin
15 Lanham Act § 43(a) (15 U.S.C. § 1125 (a)))
16 26. The Plaintiff Grand Canyon Resort Corporation alleges and incorporates each
17 of the foregoing paragraphs as if fully set forth herein.
18 27. Defendant Grand Canyon West Ranch’s use of “Grand Canyon West” in
19 connection with tourism services asserts a false origin of services, or a connection or
20 association between Defendant and the Hualapai or Plaintiff Grand Canyon Resort
21 Corporation, or the Hualapai’s or Plaintiff Grand Canyon Resort Corporation’s
22 approval, sponsorship or approval of the Defendant’s use of the term “Grand Canyon
23 West” that is likely to cause confusion, mistake or deception among the Plaintiff’s
24 prospective customers.
25 28. Defendant’s acts have caused, and are likely to continue causing, damages and
26 irreparable harm to the Plaintiff Grand Canyon Resort Corporation for which there is
27 no adequate remedy at law.
28

-5-
Case 2:09-cv-00289-FJM Document 1 Filed 02/12/2009 Page 5 of 8
1 COUNT 3
2 (Dilution of a Famous Mark - Lanham Act § 43(c) (15 U.S.C. § 1125(c)))
3 29. The Plaintiff Grand Canyon Resort Corporation alleges and incorporates each
4 of the foregoing paragraphs as if fully set forth herein.
5 30. The GRAND CANYON WEST mark has become famous due to the long and
6 substantially exclusive use of the mark in interstate commerce by Plaintiff Grand
7 Canyon Resort Corporation.
8 31. The Defendant’s use of Grand Canyon West Ranch is likely to cause dilution
9 by blurring or tarnishment.
10 32. The Plaintiff Grand Canyon Resort Corporation has been and is likely to
11 continue to be damaged by Defendant’s acts.
12
13 COUNT 4
14 (Common law unfair competition)
15 33. The Plaintiff Grand Canyon Resort Corporation alleges and incorporates each
16 of the foregoing paragraphs as if fully set forth herein.
17 34. Defendant’s acts are likely to confuse, deceive or mislead the Plaintiff Grand
18 Canyon Resort Corporation’s customers as to the source or geographic origin of the
19 Defendant’s services or as to an affiliation, sponsorship or approval by the Plaintiff
20 Grand Canyon Resort Corporation or the Hualapai.
21 35. Defendant’s acts as alleged are to the likely commercial detriment of the
22 Plaintiff Grand Canyon Resort Corporation.
23 36. The Plaintiff Grand Canyon Resort Corporation has been and is likely to
24 continue to be damaged by Defendant’s acts.
25
26 PRAYER FOR RELIEF
27 WHEREFORE, The Plaintiff Grand Canyon Resort Corporation prays for judgment
28 in their favor and against Defendant as follows:

-6-
Case 2:09-cv-00289-FJM Document 1 Filed 02/12/2009 Page 6 of 8
1 A. damages in an amount to be determined at trial, including all of
2 Defendants’ profits obtained in the form of sales of tourism services at Grand Canyon
3 West Ranch, plus costs, attorneys’ fees, and applicable interest;
4 B. that an order be entered preliminarily and permanently enjoining and
5 restraining the Defendants and any related parties, from (1) directly or indirectly using
6 the mark Grand Canyon West including Grand Canyon West Ranch, or any other
7 mark, word or name similar to the mark Grand Canyon West, including Grand
8 Canyon West Ranch, which is likely to cause confusion, and (2) continuing any and
9 all acts of unfair competition as alleged herein;
10 C. that an order be entered requiring the Defendants to account to the
11 Plaintiff Grand Canyon Resort Corporation for any and all profits derived from the
12 sales of tourism services at Grand Canyon West Ranch and/or directly or indirectly
13 used the mark Grand Canyon West Ranch or any other similar mark;
14 D. that the Court order that any monetary award to the Plaintiff Grand
15 Canyon Resort Corporation be treble the amount of profits or income earned as
16 allowed under § 43(a) of the Lanham Act for Defendants intentionally infringing the
17 Grand Canyon West service mark;
18 E. a full accounting and examination of all books pertaining to any
19 marketing, advertising or sales of tourism services at Grand Canyon West Ranch
20 and/or that directly or indirectly used the mark Grand Canyon West Ranch or any
21 other similar mark, from Defendants’ first use of the mark until the present; and
22 F. any other relief that this Court finds just and proper.
23
24 //
25 //
26
27
28

-7-
Case 2:09-cv-00289-FJM Document 1 Filed 02/12/2009 Page 7 of 8
 Dated this 12th day of February, 2009.
1
2 Venable, Campillo, Logan & Meaney, P.C.
3
4 By /s/Michael F. Campillo
Michael F. Campillo SBN 019014
5
1938 East Osborn Road
6 Phoenix, Arizona 85016
Tel: 602-631-9100
7 Fax: 602-631-4529
E-Mail docketing@vclmlaw.com
8 Attorneys for Plaintiff Grand Canyon
Resort Corporation
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-8-
Case 2:09-cv-00289-FJM Document 1 Filed 02/12/2009 Page 8 of 8