Professional Documents
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Document 1
Filed 10/13/16
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Plaintiff,
(Trademark Infringement)
v.
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Case 3:16-cv-01985-SI
Document 1
Filed 10/13/16
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PARTIES
1.
under the laws of the State of Delaware and authorized to do business in the State of Oregon,
with its corporate offices and principal place of business in Portland, Oregon.
2.
L.P. is a limited partnership organized and existing under the laws of the Cayman Islands.
JURISDICTION AND VENUE
3.
1331 and 1338(a). This court has personal jurisdiction over Defendant pursuant to Federal Rule
of Civil Procedure 4(k)(2) because: (i) this case involves claims arising under the Lanham Act of
1946, 15 U.S.C. 1051 et seq., for the remedies set forth in 15 U.S.C. 1114, 1116, and 1117;
(ii) on information and belief, Defendant is not subject to personal jurisdiction in the courts of
any state; and (iii) Defendant has availed itself of the privilege of conducting activities within the
United States and has contacts with the entire United States sufficient to meet the requirement
that the exercise of jurisdiction over Defendant in this court comports with due process.
4.
5.
6.
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Case 3:16-cv-01985-SI
7.
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CAPITAL mark since at least 1990 to promote private equity fund investment and
management services.
8.
mark since at least 2015 to promote private equity fund investment and management services.
9.
CAPITAL marks, Plaintiff has established valuable trademark rights and goodwill throughout
the United States.
10.
Securities (Form D) with the United States Securities and Exchange Commission for a
$300,000,000 securities offering, listing "Endeavour Capital Mining Fund L.P." as the Issuer and
JLT Capital Partners LLC of Windham, New Hampshire as the Broker/Dealer for the offering.
11.
Endeavour brings this action to enjoin Defendant from using the name
"Endeavour Capital Mining Fund L.P." or any other name that is confusingly similar to either the
ENDEAVOUR or the ENDEAVOUR CAPITAL mark
FACTUAL ALLEGATIONS
12.
U.S. Reg. No. 3,943,582 issued April 11, 2011 for the ENDEAVOUR
ENDEAVOUR CAPITAL mark to promote its investment services. Plaintiff has sold and
continues to sell its services under the ENDEAVOUR CAPITAL mark throughout the United
States and has promoted, and continues to promote, the ENDEAVOUR CAPITAL mark
through the advertising and sale of its services.
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Case 3:16-cv-01985-SI
14.
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U.S. Reg. No. 4,957,355 issued May 10, 2016 for the ENDEAVOUR
ENDEAVOUR mark to promote its investment services. Plaintiff has sold and continues to sell
its services under the ENDEAVOUR mark throughout the United States and has promoted, and
continues to promote, the ENDEAVOUR mark through the advertising and sale of its services.
16.
Defendant has been marketing and selling its products and services in
interstate commerce, including using the name "Endeavour Capital Mining Fund L.P."
18.
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21.
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Defendant's use of the name "Endeavour Capital Mining Fund L.P." has
caused, and is likely to continue to cause, confusion, mistake, or deception in that persons are
likely to believe that the services and products Defendant markets and sells are in some way
connected with, sponsored by, approved by, or endorsed by Endeavour. Defendant's use of the
name "Endeavour Capital Mining Fund L.P." violates 15 U.S.C. 1114(1).
22.
continued use of the infringing mark after receiving Endeavour's demands to cease
and desist from using the infringing mark.
25.
1117(a), at least with respect to damages resulting from Defendant's continued use of the
infringing mark after receiving and failing to accede to Endeavour's demands to cease and desist
from using the infringing mark.
26.
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A.
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services or goods using the name "Endeavour Capital Mining Fund L.P." or any other name that
is confusingly similar to the ENDEAVOUR and ENDEAVOUR CAPITAL marks; and
(ii)
doing any other act or thing that is likely to induce the belief that
Defendant's products are in some way connected with Plaintiff or that is likely to diminish the
distinctiveness of the ENDEAVOUR and ENDEAVOUR CAPITAL marks.
B.
material in its possession or under its control which contains the term "Endeavour Capital
Mining Fund L.P.";
C.
Ordering Defendant to account for and pay over to Plaintiff all profits
derived from Defendant's use of the name "Endeavour Capital Mining Fund L.P.";
D.
F.
Granting such other and further relief as the Court deems is just and
equitable.
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