Case 2:14-cv-00815-RSL Document 1 Filed 06/03/14 Page 1 of 21
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
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`THE HERSHEY COMPANY and
`HERSHEY CHOCOLATE &
`CONFECTIONERY CORPORATION,
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`
`
`Plaintiffs,
`
`v.
`
`
`No. _________________
`
`COMPLAINT FOR TRADEMARK
`INFRINGEMENT, TRADEMARK
`DILUTION, FALSE DESIGNATION
`OF ORIGIN AND DAMAGES
`
`
`
`CONSCIOUS CARE COOPERATIVE,
`Defendant.
`
`
`
`
`Plaintiffs The Hershey Company (“Hershey Company”) and Hershey Chocolate &
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`Confectionery Corporation (“Hershey Chocolate”) (together, “Hershey”), for their complaint
`
`against defendant Conscious Care Cooperative, plead and allege as follows:
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`INTRODUCTION
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`1.
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`This action is brought by Hershey to stop the unauthorized use of a number of
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`famous and well-known Hershey trademarks to sell chocolate candy that contains cannabis
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`and/or tetrahydrocannabinol. Hershey’s REESE’S® and MR. GOODBAR® brands are among
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`the best-known candy brands in the United States, and both the brand names and the trade
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`dresses used in connection with these brands are extremely famous and well-known among
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`United States consumers. Defendant, who is well aware of the fame and popularity of these
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`Hershey products and marks, is selling cannabis- and/or tetrahydrocannabinol-laced chocolate
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`and candy products using names, marks and designs that are clear imitations of Hershey’s
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`COMPLAINT FOR TRADEMARK INFRINGEMENT, TRADEMARK
`DILUTION, FALSE DESIGNATION OF ORIGIN AND DAMAGES - 1
`NO.
`
`
`
`LANE POWELL PC
`1420 FIFTH AVENUE, SUITE 4200
`P.O. BOX 91302
`SEATTLE, WA 98111-9402
`206.223.7000 FAX: 206.223.7107
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`Case 2:14-cv-00815-RSL Document 1 Filed 06/03/14 Page 2 of 21
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`famous REESE’S® and MR. GOODBAR® trademarks and trade dresses, in order to increase
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`sales of defendant’s cannabis and tetrahydrocannabinol candy products, draw additional
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`attention to its products, confuse consumers as to the source of its products, call to consumers’
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`minds Hershey’s famous and beloved brands, and otherwise to trade on the goodwill of
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`Hershey and its brands.
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`2.
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`In doing so, defendant is not merely causing a likelihood of consumer confusion
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`with Hershey’s marks and products, and diluting and tarnishing Hershey’s marks by creating an
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`association
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`in
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`consumers’ minds with
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`products
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`containing
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`cannabis
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`and/or
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`tetrahydrocannabinol. Defendant’s unauthorized conduct also creates a genuine safety risk
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`with regard to consumers, including children, who may not distinguish between Hershey’s
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`candy products and defendant’s cannabis- and/or tetrahydrocannabinol-based products, and
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`may inadvertently ingest defendant’s products thinking that they are ordinary chocolate candy.
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`NATURE AND BASIS OF THE ACTION
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`3.
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`This is an action for trademark infringement, trademark dilution, false
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`designation of origin, unfair competition and unfair and deceptive trade practices, seeking
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`damages and other appropriate relief arising out of defendant’s violations of Sections 32, 43(a)
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`and 43(c) of the Lanham Act, 15 U.S.C. §§ 1114(a), 1125(a) and 1125(c), and state law.
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`4.
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`Hershey seeks damages and other relief from defendant’s wrongful use in
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`commerce of the REESE’S trademarks and trade dress, the MR. GOODBAR trademarks and
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`trade dress, and/or trademarks or trade dress that are confusingly similar to or dilutive of
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`Hershey’s famous trademarks.
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`5.
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`Defendant, which operates a business in the State of Washington, sells cannabis,
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`and cannabis-related products, using packaging, trademarks, and terminology that infringe and
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`dilute trademarks and trade dresses owned by, or exclusively licensed to, Hershey (the
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`“Infringing Products”).
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`6.
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`Defendant has intentionally traded on the established goodwill of Hershey and
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`its various products and brands in order to enhance the sales and profits associated with the
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`COMPLAINT FOR TRADEMARK INFRINGEMENT, TRADEMARK
`DILUTION, FALSE DESIGNATION OF ORIGIN AND DAMAGES - 2
`NO.
`
`
`
`LANE POWELL PC
`1420 FIFTH AVENUE, SUITE 4200
`P.O. BOX 91302
`SEATTLE, WA 98111-9402
`206.223.7000 FAX: 206.223.7107
`
`

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`Case 2:14-cv-00815-RSL Document 1 Filed 06/03/14 Page 3 of 21
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`Infringing Products.
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`7.
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`Defendant’s actions have caused, and will continue to cause, consumer
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`confusion as to the source, sponsorship, and/or affiliation of its goods and/or services as being
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`connected with Hershey. Moreover, defendant’s actions have caused, and will continue to
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`cause, the dilution of Hershey’s trademarks and trade dress.
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`PARTIES
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`8.
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`Hershey Company is a corporation organized and existing under the laws of the
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`State of Delaware, with its principal place of business at 100 Crystal A Drive, Hershey,
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`Pennsylvania 17033. Hershey Company is a major manufacturer and seller of chocolate,
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`confectionery and snack products.
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`9.
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`Hershey Chocolate is a corporation organized and existing under the laws of the
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`State of Delaware, with its principal place of business at 4860 Robb Street, Wheat Ridge,
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`Colorado 80033. Hershey Chocolate is a wholly owned subsidiary of Hershey Company and is
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`the owner of the REESE’S trademark and trade dress and the MR. GOODBAR trademark and
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`trade dress.
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`10.
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`Hershey Company sells REESE’S branded products and MR. GOODBAR
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`branded products throughout the United States, including the State of Washington, under a
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`license from Hershey Chocolate.
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`11.
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`On information and belief, defendant Conscious Care Cooperative is a nonprofit
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`corporation organized and existing under the laws of the State of Washington, with a registered
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`address at 14032 Aurora Avenue North #C, Seattle, Washington 98133.
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`12.
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`On information and belief, defendant is engaged in the business of selling
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`products including or incorporating cannabis and/or tetrahydrocannabinol in the State of
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`Washington and within this judicial district.
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`JURISDICTION AND VENUE
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`13.
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`The Court has subject matter jurisdiction over Hershey’s federal-law claims for
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`trademark and trade dress infringement, trademark and trade dress dilution, false designation of
`
`COMPLAINT FOR TRADEMARK INFRINGEMENT, TRADEMARK
`DILUTION, FALSE DESIGNATION OF ORIGIN AND DAMAGES - 3
`NO.
`
`
`
`LANE POWELL PC
`1420 FIFTH AVENUE, SUITE 4200
`P.O. BOX 91302
`SEATTLE, WA 98111-9402
`206.223.7000 FAX: 206.223.7107
`
`

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`Case 2:14-cv-00815-RSL Document 1 Filed 06/03/14 Page 4 of 21
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`origin, and unfair competition claims under Section 39 of the Lanham Act, 15 U.S.C. § 1121,
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`and under 28 U.S.C. §§ 1331 and 1338(a) & (b).
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`14.
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`The Court has subject matter jurisdiction over Hershey’s state-law claims under
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`28 U.S.C. § 1367 and, because the amount in controversy exceeds $75,000 exclusive of interest
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`and costs and there is complete diversity of citizenship, under 28 U.S.C. § 1332.
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`15.
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`The Court has personal jurisdiction over defendant because, upon information
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`and belief, defendant is present and doing business in the State of Washington and this judicial
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`district, and has distributed its infringing products to, and offered its infringing products for
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`sale in, the State of Washington and this judicial district.
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`16.
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`Venue is appropriate in this Court pursuant to 28 U.S.C. § 1391 because
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`defendant is subject to personal jurisdiction in this judicial district and because a substantial
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`part of the events giving rise to plaintiffs’ claims occurred in this judicial district.
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`FACTUAL ALLEGATIONS COMMON TO ALL CLAIMS
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`A.
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`Hershey’s Famous and Valuable REESE’S Trademarks
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`17.
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` Founded in 1894, Hershey is one of the oldest manufacturers of chocolate and
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`confectionery products in the United States. Today, Hershey Company is one of the leading
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`manufacturers and sellers of chocolate, confectionery and snack products worldwide.
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`18.
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`Among Hershey’s flagship brands is the REESE’S family of chocolate and
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`peanut butter products. The iconic REESE’S Peanut Butter Cup, an example of which is
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`shown below, was first introduced in 1928, and is one of the best selling candy products in the
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`United States today.
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`19.
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`For more than 40 years, REESE’S Peanut Butter Cups have been sold
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`throughout the United States in packaging that features a distinctive orange background color
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`and a distinctive combination of orange, yellow and brown. Some examples of the REESE’S
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`trade dress, including current packaging as well as historical nostalgic designs used by
`
`Hershey, are shown below:
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`COMPLAINT FOR TRADEMARK INFRINGEMENT, TRADEMARK
`DILUTION, FALSE DESIGNATION OF ORIGIN AND DAMAGES - 4
`NO.
`
`
`
`LANE POWELL PC
`1420 FIFTH AVENUE, SUITE 4200
`P.O. BOX 91302
`SEATTLE, WA 98111-9402
`206.223.7000 FAX: 206.223.7107
`
`

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`Case 2:14-cv-00815-RSL Document 1 Filed 06/03/14 Page 5 of 21
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`20.
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`The REESE’S family of products also includes, among other products,
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`REESE’S PUFFS cereal, REESE’S PIECES candies, REESE’S Peanut Butter Cup Miniatures,
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`REESE’S NUTRAGEOUS candy bars, REESE’S CRISPY CRUNCHY candy bars, REESE’S
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`FAST BREAK candy bars, REESE’S STICKS wafer bars, and REESE’S BIG CUP Peanut
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`Butter Cups. Like the REESE’S Peanut Butter Cup, each of these products is sold in packaging
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`that contains the distinctive orange background color, with yellow and brown design elements.
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`21.
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`The REESE’S mark and trade dress are protected by a number of U.S. federal
`
`trademark registrations and common law rights (collectively, the “REESE’S Trademarks”).
`
`The following is a non-exhaustive list of valid, subsisting and existing U.S. federal registrations
`
`in International Class 30 owned by Hershey Chocolate covering the REESE’S mark and/or
`
`trade dress, most of which are incontestable under federal law:
`
`
`
`COMPLAINT FOR TRADEMARK INFRINGEMENT, TRADEMARK
`DILUTION, FALSE DESIGNATION OF ORIGIN AND DAMAGES - 5
`NO.
`
`
`
`LANE POWELL PC
`1420 FIFTH AVENUE, SUITE 4200
`P.O. BOX 91302
`SEATTLE, WA 98111-9402
`206.223.7000 FAX: 206.223.7107
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`Case 2:14-cv-00815-RSL Document 1 Filed 06/03/14 Page 6 of 21
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`Trademark
`
`Reg. No.
`
`Goods & Services
`
`First Use in
`Commerce
`
`925,609
`
`Peanut Butter Cups
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`12/15/1969
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`
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`REESE'S
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`1,215,096
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`Candy
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`1919
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`REESE'S PUFFS
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`2,491,191
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`Breakfast cereal
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`7/9/2000
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`3,601,728
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`Candy, candy bars,
`confectionery chips for
`baking, peanut butter
`confectionery chips
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`12/31/1958
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`3,631,320
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`Candy; Confectionery
`chips for baking
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`2/28/2003
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`4,148,621
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`Candy
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`4/30/2007
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`4,330,229
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`Candy
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`2008
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`
`
`
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`
`
`
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`REESE'S PUFFS
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`4,432,557 Muffin mixes
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`7/15/2012
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`(See Exhibit A, registration certificates.)
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`22.
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`In addition to the trademarks set forth above, Hershey Chocolate owns an
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`incontestable, valid, subsisting and existing federal trademark registration (No. 2,256,226)
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`consisting of an “orange-colored background covering the entirety of the packaging for the
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`COMPLAINT FOR TRADEMARK INFRINGEMENT, TRADEMARK
`DILUTION, FALSE DESIGNATION OF ORIGIN AND DAMAGES - 6
`NO.
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`
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`LANE POWELL PC
`1420 FIFTH AVENUE, SUITE 4200
`P.O. BOX 91302
`SEATTLE, WA 98111-9402
`206.223.7000 FAX: 206.223.7107
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`Case 2:14-cv-00815-RSL Document 1 Filed 06/03/14 Page 7 of 21
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`goods,” for “candy and confectionery chips for baking with peanut butter as the characterizing
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`flavor or one of various characterizing flavors.” (See Exhibit A.)
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`23.
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`The REESE’S Trademarks have been continuously used in commerce,
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`throughout the United States and the world, for many years – in some cases, since as early as
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`1919.
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`24.
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`The REESE’S family of products have been extremely successful, with sales of
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`over $1 billion each year in the United States alone. In total, sales of the REESE’S family of
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`products in the United States have exceeded $7 billion in the last five years alone.
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`25.
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`By virtue of Hershey’s substantial sales, marketing and use of the REESE’S
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`trademark and trade dress throughout the United States in connection with the REESE’S family
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`of products, the REESE’S Trademarks have become famous and well known, have become
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`distinctive of Hershey’s products, and have come to identify and indicate the source of
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`Hershey’s products to consumers and the trade, both in the State of Washington and throughout
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`the United States.
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`26.
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`Through Hershey’s long use, advertising and promotion of the REESE’S brand,
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`as well as through its longstanding commitment to quality and safety, Hershey has developed
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`for itself and its REESE’S Trademarks and REESE’s family of products substantial goodwill
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`and an excellent reputation among actual and potential purchasers and users of its products,
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`who trust Hershey and the REESE’S brand to produce safe and delicious treats for people of all
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`20
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`ages.
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`B.
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`Hershey’s Famous and Valuable MR. GOODBAR Trademarks
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`27.
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`One of Hershey’s most enduring products is MR. GOODBAR brand candy bars,
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`which were first introduced in 1925.
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`28.
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`For more than eight decades, Hershey has sold MR. GOODBAR brand candy
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`bars in a distinctive and well-known trade dress featuring a yellow background with the name
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`of the bar in a distinctive red font. The trade dress is also characterized by a dark brown ribbon
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`COMPLAINT FOR TRADEMARK INFRINGEMENT, TRADEMARK
`DILUTION, FALSE DESIGNATION OF ORIGIN AND DAMAGES - 7
`NO.
`
`
`
`LANE POWELL PC
`1420 FIFTH AVENUE, SUITE 4200
`P.O. BOX 91302
`SEATTLE, WA 98111-9402
`206.223.7000 FAX: 206.223.7107
`
`

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`Case 2:14-cv-00815-RSL Document 1 Filed 06/03/14 Page 8 of 21
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`below the name of the candy bar with descriptive text (“Chocolate and Peanuts”). An example
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`of the current version of the packaging is shown below:
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`29.
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`The MR. GOODBAR mark and trade dress are protected by a number of U.S.
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`federal trademark registrations and common law rights (collectively, the “MR. GOODBAR
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`Trademarks”). The following is a non-exhaustive list of valid, subsisting and existing U.S.
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`federal registrations in International Class 30 owned by Hershey Chocolate covering the MR.
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`GOODBAR mark and/or trade dress:
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`Trademark
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`Reg. No.
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`Goods & Services
`
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`
`
`
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`MR. GOODBAR
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`
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`851,555
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`1,493,378
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`2,135,971
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`Chocolate Bar
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`Candy
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`Candy
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`First Use in
`Commerce
`
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`11/20/1925
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`11/20/1925
`
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`11/20/1925
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`3,961,918
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`Candy; chocolate
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`11/20/1925
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`4,128,727
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`
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`Candy; chocolate
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`4.30/2007
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`COMPLAINT FOR TRADEMARK INFRINGEMENT, TRADEMARK
`DILUTION, FALSE DESIGNATION OF ORIGIN AND DAMAGES - 8
`NO.
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`
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`LANE POWELL PC
`1420 FIFTH AVENUE, SUITE 4200
`P.O. BOX 91302
`SEATTLE, WA 98111-9402
`206.223.7000 FAX: 206.223.7107
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`Case 2:14-cv-00815-RSL Document 1 Filed 06/03/14 Page 9 of 21
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`(See Exhibit B, registration certificates.) All of the foregoing federal registrations except for
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`No. 4,128,727 are incontestable under federal law.
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`30.
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`The MR. GOODBAR Trademarks have been continuously used in commerce,
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`throughout United States and throughout the world, for many years – in some cases, since as
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`early as 1925.
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`31.
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`After nearly nine decades on the market, MR. GOODBAR continues to be a
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`commercial success. Hershey sells tens of millions of dollars of MR. GOODBAR candy bars
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`each year in the United States alone.
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`32.
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`By virtue of Hershey’s substantial sales, marketing and use of the MR.
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`GOODBAR Trademarks throughout the United States, the MR. GOODBAR Trademarks have
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`become famous and well known, have become distinctive of Hershey’s products, and have
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`come to identify and indicate the source of Hershey’s products to consumers and the trade, both
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`in the State of Washington and throughout the United States.
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`33.
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`Through Hershey’s long use, advertising and promotion of the MR. GOODBAR
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`brand, as well as through its longstanding commitment to quality and safety, Hershey has
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`developed for itself and its MR. GOODBAR Trademarks and MR. GOODBAR family of
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`products substantial goodwill and an excellent reputation among actual and potential
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`purchasers and users of its products, who trust Hershey and the MR. GOODBAR brand to
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`produce safe and delicious treats for people of all ages.
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`C.
`
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`Defendant’s Unlawful And Infringing Use Of Hershey’s Trademarks To Sell
`Cannabis Products
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`34.
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`Defendant is engaged in the business of, among other things, advertising,
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`selling, and providing goods including, containing, or incorporating cannabis and/or tetrahydro-
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`cannabinol.
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`35. Well after Hershey first began using its REESE’S Trademarks and MR.
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`GOODBAR Trademarks (together, the “Hershey Trademarks”) for candy products, and after
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`those marks had become famous, defendant commenced selling cannabis- and/or tetrahydro-
`LANE POWELL PC
`COMPLAINT FOR TRADEMARK INFRINGEMENT, TRADEMARK
`1420 FIFTH AVENUE, SUITE 4200
`DILUTION, FALSE DESIGNATION OF ORIGIN AND DAMAGES - 9
`P.O. BOX 91302
`NO.
`SEATTLE, WA 98111-9402
`206.223.7000 FAX: 206.223.7107
`
`
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`Case 2:14-cv-00815-RSL Document 1 Filed 06/03/14 Page 10 of 21
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`cannabinol-based products, including chocolate preparations and/or confections, under the
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`Hershey Trademarks or marks that constitute confusingly similar imitations thereof (the
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`“Infringing Products”).
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`36.
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`Since at least 2014, defendant has advertised and sold in the State of
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`Washington several lines of Infringing Products in packaging using the famous Hershey
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`Trademarks, specifically including, but not limited to, the products identified below.
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`37.
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`For example, defendant sells a “Reefer’s Peanut Butter Cup” product that is
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`confusingly similar to the REESE’S Trademarks. In particular, the word “Reefer’s” appears in
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`a cursive script that is strikingly similar to that used by Hershey on REESE’S products, and
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`which is protected by a number of REESE’S Trademarks. The infringing design also uses the
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`term “the original” in a manner similar to some of Hershey’s nostalgic designs for the
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`REESE’S brand, along with a silhouette of a peanut butter cup. Defendant’s infringing design
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`Example of Hershey Product and
`Nostalgic Design
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`is shown below alongside a genuine REESE’S design:
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`Infringing Product
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`38.
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`Defendant also sells a “Reese’s Puff Bar” product that wholly incorporates
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`Hershey’s registered REESE’S PUFF mark:
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`COMPLAINT FOR TRADEMARK INFRINGEMENT, TRADEMARK
`DILUTION, FALSE DESIGNATION OF ORIGIN AND DAMAGES - 10
`NO.
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`
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`LANE POWELL PC
`1420 FIFTH AVENUE, SUITE 4200
`P.O. BOX 91302
`SEATTLE, WA 98111-9402
`206.223.7000 FAX: 206.223.7107
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`Case 2:14-cv-00815-RSL Document 1 Filed 06/03/14 Page 11 of 21
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`39.
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`Defendant also sells a chocolate peanut butter cup product called “Reefer
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`Chronic Kush Cups” or “Kush Peanut Butter Cups,” using a package with an orange
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`background color and a combination of orange, yellow and brown colors substantially similar
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`to that used in the REESE’S trade dress covered by some of the REESE’S Trademarks and
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`used in connection with REESE’S Peanut Butter Cups and other REESE’S products. In
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`addition, defendant’s peanut butter cup packaging features an image of a half-bitten peanut
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`butter cup nearly identical to that shown on the REESE’S Peanut Butter Cups packaging:
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`40.
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`Defendant also sells a product called “Mr. Dankbar,” which is virtually identical
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`in appearance to the MR. GOODBAR mark and trade dress, including the yellow background,
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`red lettering of virtually the same font, and the brown ribbon beneath the name (stating
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`“Peanuts in Medicated Milk Chocolate,” in mimicry of the former wording of the MR.
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`GOODBAR package, which read “Peanuts in Milk Chocolate”).
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`
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`COMPLAINT FOR TRADEMARK INFRINGEMENT, TRADEMARK
`DILUTION, FALSE DESIGNATION OF ORIGIN AND DAMAGES - 11
`NO.
`
`
`
`LANE POWELL PC
`1420 FIFTH AVENUE, SUITE 4200
`P.O. BOX 91302
`SEATTLE, WA 98111-9402
`206.223.7000 FAX: 206.223.7107
`
`

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`Case 2:14-cv-00815-RSL Document 1 Filed 06/03/14 Page 12 of 21
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`Infringing Product
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`Example of Hershey Product
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`41.
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`None of the Infringing Products has been authorized by Hershey, nor has
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`Hershey authorized defendant to use the Hershey Trademarks, or any similar marks in
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`connection with any product.
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`42.
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`Defendant openly and intentionally offered for sale and sold the Infringing
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`Products in commerce, both at its retail locations and on its website (www.auroraccc.org).
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`Examples of online advertising and promotion of defendant’s Infringing Products are attached
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`as Exhibit C.
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`43.
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`Defendant’s trademarks and trade dresses for their Infringing Products are
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`extremely similar to the Hershey Trademarks, as shown above, and are used by defendant in
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`connection with chocolate and confectionery products, the same products on which the Hershey
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`Trademarks are used.
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`44.
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`Accordingly, defendant’s sale of the Infringing Products inevitably will cause
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`confusion among consumers as to the origin, source or sponsorship of the products offered by
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`defendant, and cause many potential purchasers to mistakenly believe that the products are the
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`same as those offered by Hershey, or that they are in some way authorized or licensed by the
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`source of the products sold under the Hershey Trademarks.
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`45.
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`In addition, defendant’s use of the Hershey Trademarks on the Infringing
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`Products is likely to dilute the distinctive quality of the Hershey Trademarks by lessening their
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`capacity to identify and distinguish Hershey’s products.
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`46.
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`Defendant’s actions also have tarnished and are likely to tarnish the Hershey
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`COMPLAINT FOR TRADEMARK INFRINGEMENT, TRADEMARK
`DILUTION, FALSE DESIGNATION OF ORIGIN AND DAMAGES - 12
`NO.
`
`
`
`LANE POWELL PC
`1420 FIFTH AVENUE, SUITE 4200
`P.O. BOX 91302
`SEATTLE, WA 98111-9402
`206.223.7000 FAX: 206.223.7107
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`Case 2:14-cv-00815-RSL Document 1 Filed 06/03/14 Page 13 of 21
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`Trademarks and the goodwill associated therewith.
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`47.
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`Upon information and belief, defendant has willfully and intentionally engaged
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`in the foregoing activities with the knowledge that the Hershey Trademarks, or marks
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`confusingly similar thereto, were used, owned, and/or registered by Hershey and that the
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`advertisement, sale and marketing of the Infringing Products was unauthorized.
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`48.
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`Upon information and belief, defendant’s advertisement, sale and marketing of
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`products using the Hershey Trademarks, or marks confusingly similar thereto, without
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`permission is, and has been, a deliberate attempt to trade on the valuable trademark rights and
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`goodwill established by Hershey in the REESE’S Trademarks and the MR. GOODBAR
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`Trademarks.
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`49.
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`Upon information and belief, defendant has engaged in the foregoing actions
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`with the intent that defendant’s use of the Hershey Trademarks, or marks confusingly similar
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`thereto, would cause confusion, mistake or deception among members of the general public,
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`and with the intent that the Infringing Products would be associated in the minds of consumers
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`with the Hershey Trademarks.
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`50.
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`Defendant has improperly traded on, and profited from, the goodwill and
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`reputation established by Hershey in the Hershey Trademarks.
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`51.
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`Defendant’s acts are causing and will continue to cause damage and irreparable
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`harm to Hershey and the valuable reputation and goodwill of its marks with purchasers and
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`consumers.
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`FIRST CLAIM FOR RELIEF
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`Infringement of Federally Registered Marks
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`Under Section 32 of the Lanham Act, 15 U.S.C. § 1114
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`52.
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`Hershey repeats and realleges paragraphs 1 through 51 of this Complaint as if
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`fully set forth herein.
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`53.
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`This claim is for the infringement of trademarks registered in the United States
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`Patent and Trademark Office, pursuant to Section 32 of the Lanham Act, 15 U.S.C. § 1114, as
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`COMPLAINT FOR TRADEMARK INFRINGEMENT, TRADEMARK
`DILUTION, FALSE DESIGNATION OF ORIGIN AND DAMAGES - 13
`NO.
`
`
`
`LANE POWELL PC
`1420 FIFTH AVENUE, SUITE 4200
`P.O. BOX 91302
`SEATTLE, WA 98111-9402
`206.223.7000 FAX: 206.223.7107
`
`

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`Case 2:14-cv-00815-RSL Document 1 Filed 06/03/14 Page 14 of 21
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`amended.
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`54.
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`The marks used by defendant, as described above, are confusingly similar to,
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`and are colorable imitations of, the federally registered Hershey Trademarks, and infringe those
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`respective federally registered trademarks.
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`55.
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`Defendant’s unauthorized use of the aforementioned marks is likely to cause
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`confusion and mistake and to deceive the public as to the approval, sponsorship, license, source
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`or origin of defendant’s products.
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`56.
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`On information and belief, defendant’s acts of trademark infringement have
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`been done willfully and deliberately, and defendant has profited and been unjustly enriched by
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`sales that defendant would not otherwise have made but for its unlawful conduct.
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`57.
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`Defendant’s willful and deliberate acts described above have caused injury and
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`damages to Hershey, and have caused irreparable injury to Hershey’s goodwill and reputation,
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`and, unless enjoined, will cause further irreparable injury, whereby Hershey has no adequate
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`remedy at law.
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`SECOND CLAIM FOR RELIEF
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`Trademark and Trade Dress Infringement,
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`False Designation of Origin and Unfair Competition
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`Under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a)
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`58.
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`Hershey repeats and realleges paragraphs 1 through 51 of this Complaint as if
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`fully set forth herein.
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`59.
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`This claim is for trademark and trade dress infringement, false designation of
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`origin, and unfair competition in violation of Section 43(a) of the Lanham Act, 15 U.S.C.
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`§ 1125(a).
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`60.
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`By its unauthorized use of the marks and trade dress described above, defendant
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`has (i) infringed the Hershey Trademarks; (ii) falsely designated the origin of its products, and
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`(iii) competed unfairly with plaintiffs, all in violation of Section 43(a) of the Lanham Act, 15
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`U.S.C. § 1125(a).
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`COMPLAINT FOR TRADEMARK INFRINGEMENT, TRADEMARK
`DILUTION, FALSE DESIGNATION OF ORIGIN AND DAMAGES - 14
`NO.
`
`
`
`LANE POWELL PC
`1420 FIFTH AVENUE, SUITE 4200
`P.O. BOX 91302
`SEATTLE, WA 98111-9402
`206.223.7000 FAX: 206.223.7107
`
`

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`Case 2:14-cv-00815-RSL Document 1 Filed 06/03/14 Page 15 of 21
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`61.
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`On information and belief, defendant’s acts of trademark infringement, trade
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`dress infringement, false designation of origin, and unfair competition have been done willfully
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`and deliberately and defendant has profited and been unjustly enriched by sales that it would
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`not otherwise have made but for its unlawful conduct.
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`62.
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`Defendant’s willful and deliberate acts described above have caused injury and
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`damages to Hershey, and have caused irreparable injury to Hershey’s goodwill and reputation,
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`and, unless enjoined, will cause further irreparable injury, whereby Hershey has no adequate
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`remedy at law.
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`THIRD CLAIM FOR RELIEF
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`Trademark and Trade Dress Dilution
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`Under Section 43(c) of the Lanham Act, 15 U.S.C. § 1125(c)
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`63.
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` Hershey repeats and realleges paragraphs 1 through 51 of this Complaint as if
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`fully set forth herein.
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`64.
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`This claim is for the dilution by blurring of trademarks and trade dress, pursuant
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`to Section 43(c) of the Lanham Act, 15 U.S.C. § 1125(c).
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`65.
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`The Hershey Trademarks are individually and collectively distinctive and
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`famous throughout the United States within the meaning of Section 43(c) of the Lanham Act,
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`15 U.S.C. § 1125(c), and were distinctive and famous prior to the date of defendant’s conduct
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`challenged herein.
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`66.
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`Defendant’s conduct, as described above, is likely to dilute and is diluting the
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`distinctive quality of the famous Hershey Trademarks, in that defendant’s challenged marks are
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`likely to create and have created an association between defendant’s marks and the famous
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`Hershey Trademarks, which impairs the distinctiveness of those famous marks and lessens the
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`capacity of those famous marks to identify and distinguish products marketed and sold by
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`Hershey under those marks.
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`67.
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`Defendants’ actions also have tarnished and are likely to tarnish the Hershey
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`Trademarks and the goodwill associated therewith.
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`COMPLAINT FOR TRADEMARK INFRINGEMENT, TRADEMARK
`DILUTION, FALSE DESIGNATION OF ORIGIN AND DAMAGES - 15
`NO.
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`
`
`LANE POWELL PC
`1420 FIFTH AVENUE, SUITE 4200
`P.O. BOX 91302
`SEATTLE, WA 98111-9402
`206.223.7000 FAX: 206.223.7107
`
`

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`Case 2:14-cv-00815-RSL Document 1 Filed 06/03/14 Page 16 of 21
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`68.
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`On information and belief, defendant’s acts of trademark dilution have been
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`done willfully and deliberately and defendant has profited and been unjustly enriched by sales
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`that defendant would not otherwise have made but for its unlawful conduct.
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`69.
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`Defendant’s willful and deliberate acts described above have caused injury and
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`damages to Hershey, and have caused irreparable injury to Hershey’s goodwill and reputation,
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`and, unless enjoined, will cause further irreparable injury, whereby Hershey has no adequate
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`remedy at law.
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`FOURTH CLAIM FOR RELIEF
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`Trademark Dilution Under State Law
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`RCW 19.77.160
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`70.
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`Hershey repeats and realleges paragraphs 1 through 51 of this Complaint as if
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`fully set forth herein.
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`71.
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`72.
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`This claim is for trademark dilution in violation of RCW 19.77.160.
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`The Hershey Trademarks are each famous in the State of Washington, and were
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`famous prior to the date of defendant’s conduct challenged herein.
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`73.
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`Defendant’s conduct as set forth above injures and will injure the business
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`reputation that Hershey enjoys in the State of Washington, and impairs, diminishes, and trades
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`on the Hershey Trademarks, which identify Hershey’s goods.
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`74.
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`Defendant’s conduct injures and dilutes, or is intended to injure and dilute,
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`Hershey’s reputation and the distinctive quality of the Hershey Trademarks, in violation of
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`RCW 19.77.160.
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`75.
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`Defendant’s willful and deliberate acts described above have caused injury and
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`damages to Hershey, and have caused irreparable injury to Hershey’s goodwill and reputation,
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`and, unless enjoined, will cause further irreparable injury, whereby Hershey has no adequate
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`remedy at law.
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`COMPLAINT FOR TRADEMARK INFRINGEMENT, TRADEMARK
`DILUTION, FALSE DESIGNATION OF ORIGIN AND DAMAGES - 16
`NO.
`
`
`
`LANE POWELL PC
`1420 FIFTH AVENUE, SUITE 4200
`P.O. BOX 91302
`SEATTLE, WA 98111-9402
`206.223.7000 FAX: 206.223.7107
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`Case 2:14-cv-00815-RSL Document 1 Filed 06/03/14 Page 17 of 21
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`FIFTH CLAIM FOR RELIEF
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`Violation of Unfair and Deceptive Practic