Scott D. Eads, OSB No.

910400
SEads@perkinscoie.com
PERKINS COlE LLP
1120 NW Couch Street, Tenth Floor
Portland, OR 97209-4128
Telephone: 503.727.2000
Facsimile: 503.727.2222
ORIGINAL
Attorneys for Plaintiff Danner, Inc.
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PORTLAND DIVISION
CV'11 -
692
DANNER, INC., a Wisconsin corporation, No.
Plaintiff, COMPLAINT FOR INJUNCTIVE
RELIEF AND DAMAGES
v.
ROCKY BRANDS, INC., an Ohio
corporation,
Defendant.
NATURE OF THIS ACTION
1. Plaintiff Danner, Inc. ("Danner") seeks injunctive relief, damages and attorneys'
fees resulting from the marketing, distribution and sale by Rocky Brands, Inc. ("Defendant")
through retail and Internet channels, of boots featuring a design that infringes Danner's
distinctive trade dress design associated with its popular boot design.
THE PARTIES
2. Danner is a Wisconsin corporation with its principal place of business located in
Portland, Oregon. Danner develops markets and distributes footwear and apparel products for
customers in the hunting, military, law enforcement and other fields.
Perkins Coie LLP
1- COMPLAINT FOR INJUNCTIVE RELIEF AND
1120 N.W. Couch Street, Tenth Floor
DAMAGES
Portland, OR 97209-4128
Phone: 503.727.2000
Fax: 503.727.2222
Case 3:11-cv-00692-BR Document 1 Filed 06/08/11 Page 1 of 10 Page ID#: 1

3. Upon information and belief, Defendant is an Ohio corporation with a place of
business in Nelsonville, Ohio, and is engaged in the business of developing, marketing and
distributing footwear products for customers in the same fields.
JURISDICTION AND VENUE
4. Upon information and belief, Defendant does business within the District of
Oregon through advertising, marketing and sale of products to consumers in this district.
5. This Court has subject matter jurisdiction over the claims alleged herein
pursuant to 15 U.S.c. 1331 (federal question), 1367 (supplemental), 1338(a) (trademark),
and 1338(b) (related claims of unfair competition).
6. This Court has personal jurisdiction over Defendant because Defendant does
business in this District. Further, Defendant knows or reasonably should have known that the
conduct alleged in this Complaint would cause injury to Danner in the State of Oregon.
7. Venue is proper in this Court pursuant to 28 U.S.c. 1391(b) because the acts
of infringement and other wrongful conduct alleged occurred in the District of Oregon.
FACTS COMMON TO ALL CLAIMS
8. Danner develops markets and distributes footwear products.
9. One of Danner's most popular work boot products is its Quarry boot, which
presents a unique overall appearance (the "Trade Dress") and features stitchdown construction
with white on black contrast stitching, lace to toe construction, rawhide laces, a backstay with
double layers, triple stitching for the backstay and vamp, a kiltie, and a pull loop. A picture of
Danner's Quarry product, featuring the Trade Dress, is shown below.
2- COMPLAINT FOR INJUNCTIVE RELIEF AND
DAMAGES
43668-7022/ LEGAL2 1006347. 1
Perkins Coie LLP
1120 N.W. Couch Street, Tenth Floor
Portland, OR 97209-4128
Phone: 503.727.2000
Fax: 503.727.2222
Case 3:11-cv-00692-BR Document 1 Filed 06/08/11 Page 2 of 10 Page ID#: 2

10. Danner has offered and sold its Quarry boot, featuring the Trade Dress,
continuously since at least as early as Spring, 2007.
11. As a result of its longstanding use and promotion of the Trade Dress, the Trade
Dress is and has become distinctive in connection with Danner's footwear products in the
United States.
DEFENDANT'S INFRINGEMENT
12. Recently, and many years after Danner adopted the Trade Dress mark for its
own footwear products, Defendant, through its Georgia Boot division, selected and began using
a nearly identical and confusingly similar trade dress (the "Infringing Trade Dress") for use in
connection with a directly competitive work boot product.
13. Defendant's Infringing Trade Dress, as used with its work boot, is confusingly
similar to Danner's Trade Dress, as used with its work boots. Pictures of the parties'
competitive products are shown below (Defendant left, Danner right).
3- COMPLAINT FOR INJUNCTIVE RELIEF AND
DAMAGES
43668-7022/LEGAL21 006347.1
Perkins Coie LLP
1120 N. W. Couch Street, Tenth Floor
Portland, OR 97209-4128
Phone: 503.727.2000
Fax: 503.727.2222
Case 3:11-cv-00692-BR Document 1 Filed 06/08/11 Page 3 of 10 Page ID#: 3

14. Defendant did not ask for, and has not received, permission from Danner to use
Danner's Trade Dress with any goods or services.
15. On information and belief, Defendant's wrongful conduct includes use of The
Infringing Trade Dress on its work boot product, and on its website
(http://www.georgiaboot.comlproductsll 06151l600G8360/Georgia-Onyx-Steel-Toe
Waterproof-Work-BooU) and printed promotional materials.
16. On information and belief, Defendant has committed and is continuing to
commit acts of trademark infringement against Danner.
17. On information and belief, Defendant's wrongful conduct is likely to continue to
cause confusion among a significant portion of the purchasing public, leading them to think
that Defendant's products originate with, are sponsored by, or are otherwise associated with
Danner.
18. On information and belief, Defendant's conduct has resulted in profits and unjust
enrichment to Defendant, and caused harm and will continue to cause harm, including
irreparable harm, to Danner if not enjoined.
4- COMPLAINT FOR INJUNCTIVE RELIEF AND
DAMAGES
43668-7022/ LEGAL21006347.1
Perkins Coie LLP
1120 N.W. Couch Street, Tenth Floor
Portland, OR 97209-4128
Phone: 503.727.2000
Fax: 503 .727.2222
Case 3:11-cv-00692-BR Document 1 Filed 06/08/11 Page 4 of 10 Page ID#: 4

19. On information and belief, the injuries and damages that Danner has sustained
have been directly and proximately caused by Defendant's wrongful conduct of using a
confusingly similar trade dress for Defendant's work boot.
FIRST CLAIM
[False Designation Of Origin, False Description and
Representation of Danner's Products-IS U.S.C. 1125 et ~ . I
20. Danner repeats and incorporates by this reference each and every allegation set
forth in paragraphs 1 though 19, inclusive.
21. Defendant's activities constitute infringement of Danner's common law
trademark in violation of the Lanham Trademark Act, including but not limited to 15 U.S.c.
1125(a).
22. Because Danner advertises, markets, and distributes its work boots under the
Trade Dress as described in this Complaint, this trade dress is a means by which Danner's work
boots are distinguished from the work boots of others.
23. Because of Danner's long, continuous, and substantially exclusive use of the
Trade Dress for work boots, the Trade Dress is understood by distributors, customers, end users
and the public to signify Danner as the source of these work boots.
24. Defendant's wrongful conduct includes the use of the nearly identical and
confusingly similar Infringing Trade Dress mark in connection with Defendant's work boots,
which is likely to cause confusion among consumers as to the source of the parties' goods, or as
to affiliation between the parties or sponsorship of Defendant by Danner.
25. Defendant's conduct constitutes (a) false designation of origin, (b) false
description, and (c) false representation that its safety work boot product originate from or are
authorized by Danner, all in violation of 43(a) of the Lanham Trademark Act, set forth at IS
U.S.C. l125(a).
26. Defendant's wrongful conduct is likely to continue unless restrained and
enjoined.
5- COMPLAINT FOR INJUNCTIVE RELIEF AND
DAMAGES
43668-7022/ LEGAL21006347. 1
Perkins Coie LLP
1120 N.W. Couch Street, Tenth Floor
Portland, OR 97209-4128
Phone: 503.727.2000
Fax: 503 .727.2222
Case 3:11-cv-00692-BR Document 1 Filed 06/08/11 Page 5 of 10 Page ID#: 5

27. As a result of Defendant's wrongful conduct, Danner has suffered and will
continue to suffer damages. Danner is entitled to injunctive relief and to an order compelling
the impounding of all imitation marks and trade dress being used, offered, advertised,
marketed, installed, or distributed by Defendant. Danner has no adequate remedy at law for
Defendant's wrongful conduct because, among other things, (a) Danner's Trade Dress is a
valuable property right which has no readily-determinable market value, (b) Defendant's
advertising, marketing, distribution, and sale of identical goods with confusingly similar
trademark constitutes harm to Danner such that Danner could not be made whole by any
monetary award, and (c) Defendant's wrongful conduct, and the resulting damage to Danner, is
continuing.
SECOND CLAIM
[Oregon Common Law Unfair Competition
(or Unlawful business, trade practices)]
28. Danner realleges, and incorporates by this reference, each and every allegation
set forth in paragraphs 1 through 27, inclusive.
29. The acts and conduct of Defendant as alleged above in this Complaint constitute
unfair competition pursuant to the common law of Oregon.
30. Defendant's acts and conduct are likely to confuse the public into believing that
the products being offered or distributed by Defendant are sponsored, approved or authorized
by Danner in violation of Danner's rights under the common law of unfair competition of the
State of Oregon.
31. Defendant's acts and conduct as alleged above have damaged and will continue
to damage Danner's goodwill and reputation and have resulted in losses to Danner and an illicit
gain of profit to Defendant in an amount unknown at the present time.
6- COMPLAINT FOR INJUNCTIVE RELIEF AND
DAMAGES
43668-7022/ LEGi\L2 1 006347. 1
Perkins Coie l.I.P
1120 N.W. Couch Street, Tenth Floor
Portland, OR 97209-4128
Phone: 503.727.2000
Fax: 503.727.2222
Case 3:11-cv-00692-BR Document 1 Filed 06/08/11 Page 6 of 10 Page ID#: 6

THIRD CLAIM
[Unfair Competition - Violation of Oregon Trade Regulations and
Practices 646.608 et. Seq.]
32. Danner realleges, and incorporates by this reference, each and every allegation
set forth in paragraphs 1 through 31, inclusive.
33. The acts and conduct of Defendant as alleged above in this Complaint constitute
unfair competition pursuant to REV. CODE OF OREGON 646.608 et seq.
34. Defendant's acts and conduct are likely to confuse the public into believing that
the products being offered or distributed by Defendant are sponsored, approved or authorized
by Danner in violation of Danner's rights under the State of Oregon's prohibition against unfair
competition as codified in REv. CODE OF OREGON 646.608 et seq.
35. Defendant's acts and conduct as alleged above have damaged and will continue
to damage Danner's goodwill and reputation and have resulted in losses to Danner and an illicit
gain of profit to Defendant in an amount unknown at the present time.
FOURTH CLAIM
IAccounting]
36. Danner realleges, and incorporates by this reference, each and every allegation
set forth in paragraphs 1 through 35, inclusive.
37. Danner is entitled, pursuant to 15 U.S.c. 1117, to recover any and all profits of
Defendant that are attributable to the acts of infringement.
38. Danner is entitled, pursuant to pursuant to 15 U.S.C. 1117, to actual damages
sustained by virtue of Defendant's acts of infringement.
39. The amount of money due from Defendant to Danner is unknown to Danner and
cannot be ascertained without a detailed accounting by Defendant of the precise number of
units of infringing goods offered for sale and sold by Defendant.
Perkins Coie LLP
7- COMPLAINT FOR INJUNCTIVE RELIEF AND
1120 N.W. Couch Street, Tenth Floor
DAMAGES Portland, OR 97209-4128
Phone: 503.727.2000
43668-7022/ LEGAL2 1006347. 1
Fax: 503.727.2222
Case 3:11-cv-00692-BR Document 1 Filed 06/08/11 Page 7 of 10 Page ID#: 7

PRAYER FOR RELIEF
WHEREFORE, Danner respectfully requests judgment against Defendant as follows:
(1) That the Court enter judgment against Defendant that it has:
(a) willfully infringed Danner's rights in the Trade Dress under 15 U.S.C.
1125(a);
(b) committed and is committing acts of false designation of origin, false or
misleading description of fact, and false or misleading representation
against Danner, in violation of 15 U.S.c. 1125(a);
(c) engaged in unfair methods of competition in violation of Oregon
common law;
(d) engaged in unfair methods of competition in violation ofREY. CODE OF
OREGON 646.608 et seq. ; and
(e) otherwise injured the business reputation and business of Danner by
Defendant's acts and conduct set forth in this complaint.
(2) That the Court issue injunctive relief against Defendant, and that Defendant, its
agents, representatives, servants, employees, attorneys, successors and assigns,
and all others in active concert or participation with Defendant, be enjoined and
restrained from:
(a) using the Infringing Trade Dress, or any other marks, designations, trade
names, or symbols that are confusingly similar to Danner's Trade Dress,
in connection with the manufacture, production, distribution, offering
for distribution, selling, offering for sale, advertising, or promoting
footwear or apparel products;
(b) using any false designation of origin or false description which can or is
likely to lead the trade or public or individuals, to erroneously believe
that any of Defendant's safety work boots have been manufactured,
8- COMPLAINT FOR INJUNCTIVE RELIEF AND
DAMAGES
43668-7022/LEGAL21 006347.1
Perkins Coie LLP
1120 N.W. Couch Street, Tenth Floor
Portland, OR 97209-4128
Phone: 503.727.2000
Fax: 503.727.2222
Case 3:11-cv-00692-BR Document 1 Filed 06/08/11 Page 8 of 10 Page ID#: 8


assembled, produced, distributed, offered for distribution, sold, offered
for sale, imported, advertised, promoted, sponsored, approved, or
authorized by or for Danner, when such is not true in fact;
(c) engaging in any other activity constituting an infringement of any of
Danner's trademarks or trade dress, or of Danner's rights in, or right to
use or to exploit these trademarks or trade dress; and;
(d) assisting, aiding, or abetting any other person or business entity in
engaging in or perfonning any of the activities referred to in
subparagraphs (a) through (c) above.
(3) That the Court order Defendant to pay Danner's damages as follows:
(a) DaImer's damages and Defendant's profits pursuant to 15 U.S.c.
1117(a);
(b) DaImer's damages and Defendant's profits pursuant to Oregon common
law;
(c) DaImer's damages and Defendant's profits pursuant to REv. CODE OF
OREGON 646.608 et seq.
(4) That the Court order Defendant to pay to Danner's both the costs of this action
and the reasonable attorney's fees incurred by it in prosecuting this action
pursuant to 15 U.S.C. 1Il7(a); and
Perkins Coie LLP
9- COMPLAINT FOR INJUNCTIVE RELIEF AND
1120 N.W. Couch Street, Tenth Floor
DAMAGES Portland, OR 97209-4128
Phone: 503.727.2000
43668-7022/LEGAL21006347.1
Fax: 503 .727.2222
Case 3:11-cv-00692-BR Document 1 Filed 06/08/11 Page 9 of 10 Page ID#: 9


(5) That the Court grant to Danner such other and a ditional relief as is just and
proper.
PE
DATED: June 8, 2011
Attorneys for Plaintiff Danner, Inc.
OF COUNSEL:
James L. Vana, WSBA No.
N ana@perkinscoie.com
Perkins Coie LLP
1201 Third Avenue, Suite 4800
Seattle, WA 98101-3099
Telephone: 206.359.8000
Facsimile: 206.359.9000
Perkins Coie LLP
10- COMPLAINT FOR INJUNCTIVE RELIEF AND
1120 N.W. Couch Street, Tenth Floor
DAMAGES Portland, OR 97209-4128
Phone: 503 .727.2000
43668-7022/LEGAL21 006347. 1
Fax: 503 .727.2222
Case 3:11-cv-00692-BR Document 1 Filed 06/08/11 Page 10 of 10 Page ID#: 10
1S 44 (Rev. 12/07)
CIVIL COVER SHEET
The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required
by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use
of the Clerk of Court for the purpose of initiating the civil docket sheet (SEE INSTRUCTIONS ON THE REVERSE OF THE FOev '11
I. (a) PLAINTIFF DEFENDANT - I'.. 0
DANNER, INC., a Wisconsin corporation, ROCKY BRANDS, INC., an Ohio 2
County ofResidence of First Listed
(b) Coonty of Residence of First Listed Plaintiff - MUL TNOMAH
(IN U.S. PLAINTIFF CASES ONLY)
(EXCEPT IN U.S. PLAINTIFF CASES)
NOTE IN LAND CONDEMNA nON CASES, USE THE LOCATION OF THE
FILED08JUN'1116(IUSDC-QRP
TRACT OF LAND INVOLVED.
Allomeys (If Known)
(c) Attorney's (Firm Name, Address, And Telephone Number)
Scott D. Eads, OSB No. 910400, PERKrNS COlE LLP,
1120 N. W. Couch St. 10th F:loor, Portland, Oregon 97209-4128
Tete: 503.727.2000, Fax 503,727.2222
II. BASIS OF JURISDICTION (PLACEAN"X" IN ONE BOX OKLy) III. CITIZENSHIP OF PRINCIPAL PARTIES (PLACE AN "X" IN ONE BOX FOR
PLAIl'.'TIFF
(For Diversity Cases Only) AND ONE BOX FOR DEfE"'DANT)
o I u.s. Government 18]3 Federal Question Citizen ofThis PTF DEF Incorporated or Principal Place PTF [) E F
Plaintiff (U.S. Government Not a Party) State 0 I 0 I of Business in This State 0 4 0 4
o 2 U.S. Government o 4 Diversity Citizen of 02 02 Incorporated and Principal Place 0 5 0 5
Defendant
(Indicate Citizenship of Parties in Item III) Another Slate of Business in Another State
Citizen or
Subject ofa
03 03
Foreign Nation 06 06
Foreign
Counlr
IV. NATURE OF SUIT (PLACEAN"X"INONEBOXONLY)
CONTRACT TORTS FORFEITUREIPENALTV BANKRUPTCY OTHER STATUTES
0 I 10 Insurance PERSONAL INJURY PERSONAL INJURY 0 610 Agriculture 0 422 Appeal 28 USC 158 0 400 State Reapportionment
0 120 Manue 0 310 Airplane 0 362 Personallnjury-- 0 620 Other Food & Dmg 0 423 Withdrawal 28 USC I 0 410 Antitrust
0 130 Miller Act 0 315 Airplane Product Med. Malpractice 0 625 Drug Related 157 0 430 Banks and Banking
0 14() NegGliable Instrumem Liability. 0 365 Personal Injury- Seizure of Propelty 2I 0 450 Commerce
0 150 Recovery of 0 320 Assault, Libel & Product Liability USC 881
PROPERTY RIGHTS 0 460 Deportatioll
Overpayment & Slander 0 368 Asbestos Personal 0 630 Liquor Laws 0 470 Racketeer Influenced and
0 820 Copyrights
Enforcemenl of Judgment 0 330 federal Injury Product 0 640 R.R. & Truck Comlpt Organizations
0 830 Patent
0 lSI Medicare Act Employers' Liability Liability 0 650 Airline Regs. 0 480 Consumer Credit
181 840 Trademark
0 152 Recovery of Defaulted 0 340 Manne 0 660 Occupational 0 490 CablelSat TV
.....
Student Loans (Exc!. 0 345 Manne Product PERSONAL PROPERTY SafetylHealth 0 810 Selective Service
SOCIAL SECURITY
Vetemns) Liability 0 370 Other Fraud 0 690 Other
0 850 Securities/Commoditiesl
0 153 Recovery of 0 350 Motor Vehicle 0 371 Truth in Lending
0 861 HIA (139511)
Exchange
0 862 Black Lung (923)
Overpayment of Veteran's 0 355 Motor Vehicle 0 380 Other Personal
LABOR 0 875 Customer Challenge 12
Benellts Product Liability Property Damage USC 3410
0 863 DIWCIDIWW
0 7J0 Fair Labor
0 J 60 Stockholders' Suits 0 360 Other Personal 0 385 Property Damage
(405(g)
0 890 Other Statutory Actions
Standards Act
0 864 SSlD Title XVI
0 190 Other Contract Injury Product Liability
0 89J Agricultural Acts
0 720 LaborlMgml.
0 865 RSI (405 (g
0 195 Contract Product
0 892 Economic Stabilization
Relations
Liability Act
0 730 LaborlMgmt.
0 196 Franchise
0 893 Environmental Mailers
Repolting & Disclosure
0 894 Energy Allocation Act
Act
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS
0 740 Railway Labor Act
FEDERAL TAX SUITS
0 895 Freedom of Information
-_..
0 790 Other Labor Act
0 210 Land Condemnation 0 441 Voting 0 5\0 Motions to Vacate 0 870 Taxes (U.S. Plaintiff
Litigation 0 900 Appeal of Fee
0 220 Foreclosure 0 442 Employment Sentence or Defendant)
0 791 Empl. Ret. Inc. Determination Under Equal
0 230 Rent Lease & 0 443 Housing! . Habeas Corpus: 0 871 IRS--Third Party 26
Securitv Act Access 10 Justice
Ejectment Accommodations 0 530 General USC 7609
0 950 Constitutionality of State
0 240 Torts to Land 0 444 Welfare 0 535 Death Pena Ity
IMMIGRATION
-_..
Statutes
0 245 Tort Product Liability 0 445 Ame!". 0 540 Mandamus & 0 462 Naturalization
o 290 All Other Real Property - Other Application
Employment 0 550 Ci vii Rights 0 463 Habeas Corpus
0 445 Amer. 0 555 Prison Condition Alien Detainee
w/Disabilities 0 465 Other Immigratiotl
Other Actions
0 440 Other Ci vii
Rights
I
V. ORIGIN (PLACE AN "X" IN ONE BOX ONLy) Appeal to District
I Original o 2 o 3 Remanded 0 4 Transferred from 0 6 o 7 Judge
Proceeding Removed from State from Appellate Court Reinstated or
o 5 another Multidistrict from Magistrate
Court Reo )ened district (specify) Litigation Judgment
Cite the U.S. Civil Statute under which you are filing. (Do not cite jurisdictional statutes unless diversity):
15 USC 1125(a) and 1114
VI. CAUSE OF ACTION
Brief description of cause:
Com laint for Trademark Infrin cmcnt and Unfair Com etition
VII. REQUESTED IN o CHECK IF THIS IS A CLASS ACTION DEMAND $
CHECK YES only if demanded in complaint:
UNDER F.R.C.P. 23 JURY DEMAND: ;.; YES )0 NO
COMPLAINT:
VIII. RELATED CASE(S) (See instructions):
IF Y JUDGE DOCKET NUMBER
DAT
_____ AMOUNT _______ APPLYING IFP _______ JUDGE _________..... l\.1AG. JUDGE. __.... _____
43668-7022/LEGAL2! 069967.1
Case 3:11-cv-00692-BR Document 1-1 Filed 06/08/11 Page 1 of 1 Page ID#: 11