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Charles D. McClung, OSB No. 752490 chuck@chernofflaw.com J. Peter Staples, OSB No. 794042 pete@chernofflaw.com CHERNOFF VILHAUER LLP 601 SW Second Avenue, Suite 1600 Portland, OR 97204-3157 Telephone: (503) 227-5631 Facsimile: (503) 228-4373 Attorneys for Plaintiff

UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION

CHINOOK ASIA LLC, an Oregon limited liability company, Plaintiff, v. DO-GREE FASHIONS LTD., a Canadian corporation, dba CHAOS HATS, Defendant.

Case No. COMPLAINT FOR TRADEMARK INFRINGEMENT

DEMAND FOR JURY TRIAL

COMPLAINT For its complaint against defendant, plaintiff alleges the following: 1. Plaintiff Chinook Asia LLC (Chinook) is an Oregon limited liability company

with its principal place of business in Lake Oswego, Oregon. 2. Upon information and belief, Defendant Do-Gree Fashions Ltd. (Do-Gree) is a

Canadian corporation with a place of business in Steamboat Springs, Colorado.

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3.

This case arises under the Trademark laws of the United States, 15 U.S.C.

1051-1129. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and 1338(a). This Court has jurisdiction over Chinooks related state and common law claims pursuant to 28 U.S.C. 1338 and 1367. This Court has personal jurisdiction over Do-Gree because, upon information and belief, Do-Gree has sold, distributed, or shipped merchandise to persons within this District, has engaged in acts or omissions outside of this District causing injury within this District in the ordinary course of trade, or has otherwise made or established contacts within this District sufficient to permit the exercise of personal jurisdiction. Venue is proper pursuant to 28 U.S.C. 1391(b) (2). FACTS 4. Chinook has used the trademark CHINOOK for footwear and clothing since 1994

and is the owner of U.S. Trademark Registrations No. 2,762,138 foot wear and No. 2,851,103 for clothing, namely jackets and shirts. Trademark registrations No. 2,762,138 and No. 2,851,103 are incontestable pursuant to 15 U.S. 1065. Copies of the registrations are attached hereto as Exhibit A. The registrations were assigned to Chinook in July 2011. 5. Do-Gree is offering for sale and selling in commerce clothing in this District and

elsewhere in the U.S. under the trademark CHINOOK. 6. The use of the CHINOOK trademark by Do-Gree is likely to cause confusion and

to deceive consumers and the public regarding the source of the clothing sold by Do-Gree and cause them to believe that the clothing came from Chinook.

FIRST CLAIM FOR RELIEF (Federal Trademark Infringement 15 U.S.C. 1114) 7. Chinook repeats and incorporates by reference the allegations in paragraphs 1-6.

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8.

Use of the CHINOOK trademark in commerce by Do-Gree is likely to cause

confusion, to cause mistake or to deceive, in violation of 15 U.S.C. 1114 and Do-Grees activities have caused and, unless enjoined by this Court, will continue to cause confusion and deception and injure Chinooks goodwill, for which Chinook has no adequate remedy at law. 9. Do-Gree has caused and will continue causing substantial injury to the public and

to Chinook, and Chinook, having no adequate remedy at law, is entitled to injunctive relief and to recover Do-Grees profits, actual damages, and costs under 15 U.S.C. 1114, 1116 and 1117. SECOND CLAIM FOR RELIEF (False Designation of Origin 15 U.S. 1125(a)) 10. 11. Chinook incorporates by reference the allegations of paragraphs 1-9. Do-Grees use of the CHINOOK trademark in commerce is likely to cause

confusion, deception and mistake by creating a false and misleading impression that Do-Grees goods are manufactured or distributed by Chinook, or associated or connected with Chinook, or have the sponsorship, endorsement or approval of Chinook. 12. Do-Gree has caused and will continue to cause substantial injury to Chinook, and

Chinook, having no adequate remedy of law, is entitled to injunctive relief pursuant to 15 U.S.C. 1116, and to recover Do-Grees profits, Chinooks damages, and costs under 15 U.S.C. 1117 and 1125(a).

THIRD CLAIM FOR RELIEF (Common Law Trademark Infringement and Unfair Competition) 13. Chinook repeats and incorporates by reference the allegations in paragraphs 1-12.

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14.

Do-Grees acts constitute common law trademark infringement and unfair

competition and have created and will continue to create confusion and will cause irreparable injury to Chinook unless restricted by this Court. Chinook has no adequate remedy at law for this injury. 15. As a result of Do-Grees acts, Chinook has been damaged in an amount not yet

determined or ascertainable. PRAYER FOR RELIEF WHEREFORE, Chinook prays that this Court find in its favor, and against Do-Gree, and enter Judgment that: a. Do-Grees use of the CHINOOK trademark is an infringement of Trademark Registrations No. 2,762,138 and 2,851,103. b. Do-Grees use of CHINOOK is a false designation of origin pursuant to 15 U.S.C. 1125(a); c. Do-Grees use of the CHINOOK trademark is an infringement of Chinoooks common law rights in the CHINOOK trademark; d. Do-Gree and all its agents, officers, employees, representatives, successors, assigns and all other persons acting for it be enjoined from using CHINOOK or any trademark similar thereto in any manner on or in connection with clothing; e. Do-Gree be compelled to account to Chinoook for any and all profits derived by Do-Gree from the sale or distribution of goods under the CHINOOK trademark; f. Chinook be awarded all damages caused by Do-Grees infringement of Chinooks CHINOOK trademark;

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g. Do-Gree be required to pay Chinook the cost of the action pursuant to 15 U.S.C. 1117(a); and h. Chinook shall have such other and further relief as the Court may deem just.

DATED: July 1, 2013

Respectfully submitted, CHERNOFF VILHAUER LLP

/s/ Charles D. McClung Charles D. McClung, OSB No. 752490 J. Peter Staples, OSB No. 794042 Telephone: (503) 227-5631 Attorneys for Plaintiff

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Plainitff hereby demands a jury trial for all issues so triable. CHERNOFF VILHAUER LLP

/s/ Charles D. McClung Charles D. McClung, OSB No. 752490 J. Peter Staples, OSB No. 794042 Telephone: (503) 227-5631 Attorneys for Plaintiff

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