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Case 2:10-cv-00671-JLR Document 1 Filed 04/19/2010 Page 1 of 5



UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON AT SEATTLE

SALEHOO GROUP LTD., a New Zealand
Limited Liability Company,





v.

Plaintiff,

ABC COMPANY, an entity of unknown
origin and/or JOHN DOE, individually,



Defendants.

Civil Action No.

COMPLAINT FOR TRADEMARK
INFRINGEMENT, FALSE DESIGNATION
OF ORIGIN AND UNFAIR
COMPETITION AND DEFAMATION



JURY TRIAL REQUESTED

Plaintiff SaleHoo Group Ltd. (“SaleHoo”) hereby alleges the following causes of action

against Defendants.

I.

PARTIES

1.

SaleHoo is a New Zealand limited liability company having its principal place of

business at Level 2, 107 Cashel Street, City Mall, Christchurch, New Zealand.

2.

ABC Company is an entity of unknown type and origin and John Doe is an

individual of unknown citizenship and residence. On information and belief, one or both
Defendants own and/or control the domain name salehoosucks.com and corresponding Internet

website www.salehoosucks.com,

including

the development and publication of

the

www.salehoosucks.com website, its content and related business and commerce. The identity of

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the owner of the salehoosucks.com domain name and associated website has been

unsuccessfully sought by SaleHoo and is presently shielded from disclosure by Domains by

Proxy, Inc., which has listed itself as the registrant of the domain name as part of its anonymous

domain name service. Domains by Proxy, Inc. has refused to provide the identity of the owner of
the salehoosucks.com domain name absent service of legal process. Likewise, it is the policy of

the registrar, GoDaddy.com, Inc., not to disclose identity or account information absent service

of legal process. Accordingly, SaleHoo intends to pursue identity and account information via

legal process as soon as possible. SaleHoo will amend the complaint to identify the correct

Defendant(s) as soon as it is able to obtain such information.

II.

JURISDICTION AND VENUE

3.

This action arises under the trademark laws of the United States of America,

15 U.S.C. § 1051 et seq. Jurisdiction over the trademark infringement and false designation of

origin and federal unfair competition claims is conferred upon this Court by 28 U.S.C. §§ 1331

and 1338. Supplemental jurisdiction is conferred upon this Court over the remaining related state

and common-law claim derived from a common nucleus of operative fact that form part of the

same case or controversy. 28 U.S.C. § 1367(a).

4.

Defendants incorporate and use the identical SALEHOO mark throughout the
www.salehoosucks.com website as well as in the salehoosucks.com domain name. Defendants

have and continue to use SaleHoo’s trademark in the advertising, promotion, offering and/or

provision of products and services, including via Internet websites wherein they interactively sell

products and provide services. Defendants’ websites are directed to and accessible by residents

of this judicial district. Accordingly, both jurisdiction and venue are proper in this court.

28 U.S.C. §§ 1391 and 1400.

III.

SALEHOO’S TRADEMARK RIGHTS

5.

SaleHoo is the owner of intellectual property rights associated with the trademark

SALEHOO as used in association with computer software for collecting product market data on

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the Internet and the provision of online services featuring product sourcing and business

information related to online trading and auctions. SaleHoo’s trademark rights include

U.S. federal trademark registration no. 3,638,102. SaleHoo is also the owner of geographically

based common law rights in the SALEHOO trademark stemming from continuous and

substantially exclusive use of the mark.

6.

SaleHoo markets, promotes and provides its products and services throughout the

United States and the world in association with its SALEHOO trade name and trademark,

including at its www.salehoo.com website. SaleHoo’s promotion, advertising, and use of its

trade name, trademarks and domain name serves to identify SaleHoo’s products and services,

distinguish them from those of others, and identify SaleHoo as the source of those products and

services. As a result, the trade name, trademarks and domain name have become valuable assets

of SaleHoo and a symbol of its goodwill to the general public. Moreover, SaleHoo’s use of its

trademark and domain name has conditioned Internet users to find SaleHoo and its goods and

services through its website.

IV. DEFENDANTS’ WRONGFUL ACTIVITIES

A.

TRADEMARK INFRINGEMENT AND LANHAM ACT VIOLATIONS

7.

Defendants have and continue to use the SALEHOO trademark in website content
and as the dominant part of the salehoosucks.com domain name to advertise, promote, offer

and/or provide products and services. Defendants’ use of the SALEHOO mark is confusingly

similar to SaleHoo’s trademark, particularly given that both marks are used in association with

the provision of products and services related to online trading and auctions, including without

limitation products and services provided by a Terry Gibbs, his company IWantCollectibles LLC

and its product “Auction Revolution.”

8.

The impact of Defendants’ actions is particularly acute in the context of Internet

products and related commercial services. Defendants’ unauthorized use of SaleHoo’s trademark

allows Defendants to misdirect Internet search engines and, ultimately, the public from

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SaleHoo’s website to that owned, hosted and/or operated by Defendants, where Defendants

provide sponsor advertising as well as promote, offer and/or provide information and links to

competing products and services. By so doing, Defendants unfairly compete with SaleHoo or

otherwise unjustly benefit from their commercial use of SaleHoo’s trademark and domain name.

9.

These acts of Defendants have caused and, unless restrained by this Court, will

continue to cause serious and irreparable harm to SaleHoo and to the goodwill associated with its

trademark and Internet website. Moreover, Defendants have and will continue to unjustly

benefit—at SaleHoo’s expense—from gains, profits and advances derived from the products sold

and services provided in association with the infringing SALEHOO mark and at the

www.salehoosucks.com website.

10.

Defendants have no license from SaleHoo, and have deliberately and willfully

infringed SaleHoo’s trademark and engaged in unfair business practices. Defendants’ actions

constitute trademark infringement in violation of 15 U.S.C. § 1114 as well as false designation of

origin and unfair competition in violation of 15 U.S.C. § 1125.

B.

DEFAMATION

11.

Defendants have created, endorsed and/or knowingly published on their

www.salehoosucks.com website false, unprivileged communications with the intention of

damaging SaleHoo. By way of example and without limitation, Defendants have: stated that

SaleHoo’s business is a “scam;” stated that SaleHoo and its legal counsel “threaten anyone who

posts information not favorable to SaleHoo on the web with defamation suits;” falsely attributed

untrue statements to SaleHoo personnel; and stated that SaleHoo personnel were either “drunk”

or “a pathological liar.”

12.

Defendants’ statements are provably false or leave a false impression. Defendants

have no privilege to make such statements. Defendants’ statements have been made knowingly

and with the intention of damaging SaleHoo, which has been harmed by Defendants’ statements.

Accordingly, Defendants’ statements constitute actionable defamation in violation of law.

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Case 2:10-cv-00671-JLR Document 1 Filed 04/19/2010 Page 5 of 5



V.

PRAYER FOR RELIEF

SaleHoo requests the following alternative and cumulative relief:

1.

2.

3.

4.

5.

6.

7.

Preliminary and permanent injunctions against the use of the mark SALEHOO or
any other marks confusingly similar thereto, as a service mark, trademark, trade
name, domain name or part thereof alone or in combination with other words,
symbols, styles, titles or marks in connection with the provision of computer
software or products and services related to online trading and auctions;

An order that Defendants deliver up for destruction all products, printed material,
stationery, business forms, signs, advertisements, brochures, promotional
material, manuals, pamphlets, labels, packages, containers, and all other materials
bearing the mark SALEHOO, or any derivative, colorable imitation, or
confusingly similar marks, together with all means for making or reproducing the
same, pursuant to 15 U.S.C. § 1118 and other applicable law;

An order that Defendants immediately assign or otherwise transfer to SaleHoo
ownership of all domain names incorporating the term “salehoo” or any domain
name confusingly similar thereto;

An award of damages sufficient to compensate SaleHoo for all injury sustained as
a result of Defendants’ wrongful activities, including wrongful profits of
Defendants, as provided under applicable law;

Exemplary damages and all of SaleHoo’s litigation expenses, including
reasonable attorneys’ fees and costs, as provided under applicable law;

An assessment of prejudgment interest and costs; and

Such other and further relief as the Court may deem just and proper.

RESPECTFULLY SUBMITTED this 19th day of April, 2010.

/David A. Lowe/, WSBA No. 24,453
Email: [email protected]
Lawrence D. Graham, WSBA No. 25,402
Email: [email protected]
BLACK LOWE & GRAHAMPLLC
701 Fifth Avenue, Suite 4800
Seattle, WA 98104
T: 206.381.3300
F: 206.381.3301

Attorneys for SaleHoo Group Ltd.

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