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DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

(503) 241-2300 main  (503) 778-5299 fax

JOHN F. MCGRORY, JR., OSB #813115

johnmcgrory@dwt.com

KALEY L. FENDALL, OSB #093509

kaleyfendall@dwt.com

DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

Telephone: (503) 241-2300

Facsimile: (503) 778-5299

STUART R. DUNWOODY, OSB #126084

stuartdunwoody@dwt.com

DAVIS WRIGHT TREMAINE LLP

1201 3rd Avenue, Suite 2200

Seattle, Washington 98101

Telephone: (206) 757-8034

Facsimile: (206) 628-7699

Attorneys for Plaintiff 

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

AT PORTLAND

LEATHERMAN TOOL GROUP, INC., an 

Oregon Corporation,

PLAINTIFF,

v.

GOGOTECH II, LLC, a New York 

Corporation, d/b/a

WWW.FACTORYOUTLETSTORE.COM,

DEFENDANT.

Case No. 3:14-cv-920

COMPLAINT

Trademark Infringement (15 U.S.C. 

§1114); False Designation of Origin (15 

U.S.C. §1125(a)(A)); False Advertising

(15 U.S.C. §1125(a)(B)); Common Law 

Unfair Competition; Breach of Contract

DEMAND FOR JURY TRIAL

For its Complaint against Defendant Gogotech II, LLC (“Defendant”), Plaintiff 

Leatherman Tool Group, Inc. (“Leatherman”) alleges as follows:

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DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

(503) 241-2300 main  (503) 778-5299 fax

NATURE OF ACTION

1. This is an action for trademark infringement, false designation of origin, and false 

advertising arising under the Lanham Act, 15 U.S.C. §§ 1051, et seq., and for unfair competition 

and breach of contract under the laws of the State of Oregon.

JURISDICTION AND VENUE

2. This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331, 

1338(a) and (b), and 15 U.S.C. § 1121 because it arises under the Lanham Act, 15 U.S.C. 

§§ 1051, et seq. Jurisdiction over the Oregon common-law claims is also appropriate as these 

claims are so related to the claims brought under the Lanham Act that that they form part of the 

same case and controversy, and hence fall within the scope of this Court’s supplemental 

jurisdiction pursuant to 28 U.S.C. § 1338(b) and 1367.

3. This Court has personal jurisdiction over Defendant because Defendant has 

engaged in unlawful and purposeful conduct directed towards Leatherman, an Oregon 

corporation, and therefore has caused injury to Leatherman in Oregon. Venue is proper in the 

District of Oregon pursuant to 28 U.S.C. § 1391(b) because a substantial part of the events 

giving rise to these claims occurred in Oregon, and because Defendant is subject to personal 

jurisdiction in Oregon. 

THE PARTIES

4. Leatherman is an Oregon corporation, with its principal place of business in 

Portland, Oregon. Leatherman manufactures and distributes engineered multi-tools, pocket 

tools, and knives that are designed for outdoor, tactical, professional, and general use. 

Leatherman’s products are distributed throughout the United States and internationally.

5. Defendant is a New York corporation, with its principal place of business in New 

York, New York. On information and belief, Defendant owns and operates 

www.factoryoutletstore.com, an online retail site that sells products manufactured and 

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DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

(503) 241-2300 main  (503) 778-5299 fax

distributed by various consumer brands, including multi-tools, pocket tools, and knives 

manufactured by Leatherman.

LEATHERMAN’S BUSINESS AND TRADEMARK RIGHTS

6. Leatherman is the original manufacturer of the multi-tool in the United States, and 

is one of the world’s largest manufacturers of high quality multi-tools. Since 1983, Leatherman 

has engineered, manufactured, and distributed high quality multi-tools, pocket tools, and knives.

Leatherman distributes its products in the United States and internationally, and its high quality 

multi-tools, pocket tools, and knives are well-recognized worldwide.

7. Leatherman promotes and sells its products to end-user consumers directly both 

online at www.leatherman.com, as well as in its retail store, The Leatherman Store, located near 

its manufacturing facility in Portland, Oregon. Leatherman also maintains a network of 

authorized distributors and authorized resellers who promote and sell Leatherman’s products to 

end-user consumers through a variety of trade channels, including third-party retail stores, 

catalogs, and certain authorized online retail sites. Per the terms of Leatherman’s Authorized 

Distributor Agreement and Authorized Reseller Agreement, authorized resellers are not 

permitted to sell or promote Leatherman’s products online in any fashion without the express 

consent of Leatherman.

8. Leatherman owns a number of trademarks that it uses in connection with the 

promotion and sale of its multi-tools, pocket tools, and knives. Among others, Leatherman is the 

owner of the entire right, title, and interest in and to the following federally-registered 

trademarks and design marks (collectively, the “Leatherman Marks”):

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DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

(503) 241-2300 main  (503) 778-5299 fax

Trademark Registration No. Registration Date Goods

LEATHERMAN 1,325,473 March 19, 1985 Multiple function 

folding pocket tool.

LEATHERMAN 3,486,021 August 12, 2008 Knives, namely, 

pocket knives, folding 

knives, sport knives, 

hunting knives, fixed 

blade knives, camping 

knives and survival 

knives; knife 

sharpeners; hand 

tools, namely, pruners 

and game shears; 

sheaths for knives and 

multi-function tools; 

multi-function 

hunting knife 

comprised of two or 

more of the following 

components: knife 

blade, gut hook, bone 

saw and sharpener; 

multi-function 

hunting hand tool 

comprised of two or 

more of the following 

components: bypass 

shears, wire cutters, 

saw, knife blade, 

choke tube tool, 

screwdriver, awl and 

bottle opener; multifunction gardening 

hand tool comprised 

of two or more of the 

following 

components: bypass 

pruners, wire cutters, 

weed remover, 

grafting knife, bark 

lifter, saw, 

screwdriver, sprinkler 

tool, bottle opener, 

and ruler.

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DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

(503) 241-2300 main  (503) 778-5299 fax

Trademark Registration No. Registration Date Goods

3,005,162 October 4, 2005 Multiple-function 

folding hand tool 

including two or more 

of the following 

elements – scissors, 

pliers, knife, 

screwdriver, saw, file, 

can opener, awl, 

tweezers, bottle 

opener and cork 

puller.

3,238,417 May 1, 2007 Clothing, namely, 

jackets, t-shirts, 

sweatshirts, sweat 

pants, caps, polo 

shirts, and button 

down shirts.

These registrations are valid and subsisting, and Registration Nos. 1,325,473, 3,005,162 and 

3,238,417 are incontestable under the provisions of the Lanham Act, 15 U.S.C. § 1065. True and 

correct copies of the registration certificates for the Leatherman Marks are attached hereto as 

Exhibit 1.

9. Leatherman promotes and sells its multi-tools, pocket tools, and knives under the 

Leatherman Marks both throughout the United States and internationally. Additionally, and per 

the terms of Leatherman’s Authorized Distributor Agreement and Authorized Reseller 

Agreement, Leatherman’s authorized distributors and resellers promote and sell Leatherman’s 

products under the Leatherman Marks.

10. Leatherman has expended substantial time and resources promoting and 

advertising its products under the Leatherman Marks both throughout the United States and 

internationally.

11. As a result of Leatherman’s widespread marketing, sale, and distribution of 

Leatherman products bearing the Leatherman Marks, the Leatherman Marks have become 

undoubtedly associated with Leatherman’s products, and have acquired distinctiveness among 

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DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

(503) 241-2300 main  (503) 778-5299 fax

consumers with respect to the products and services sold under them. Accordingly, consumers, 

potential consumers, and the general public identify Leatherman as the exclusive source of 

products and services sold under the Leatherman Marks, and have come to rely upon the 

Leatherman Marks as an indication that the products sold under the Leatherman Marks originate 

from or are otherwise associated with Leatherman.

12. Due to Leatherman’s consistent and widespread use of the Leatherman Marks, the 

Leatherman Marks have also come to represent and embody the valuable goodwill associated 

with Leatherman’s high quality products, including its exceptional product design, 

manufacturing, and customer service. Because the Leatherman Marks have gained significant 

recognition and goodwill among consumers, potential consumers, and the general public, 

Leatherman derives substantial value from use of the Leatherman Marks to identify its products 

and business.

DEFENDANT’S WRONGFUL CONDUCT

Defendant’s Breach of Contract

13. Leatherman entered into an Authorized Reseller Agreement with Defendant on 

October 8, 2013, whereby Defendant was permitted to sell Leatherman’s products to end-user 

consumers. Leatherman specifically authorized Defendant to resell Leatherman’s products on its 

online retail site, www.factoryoutletstore.com. A true and correct copy of the Authorized 

Reseller Agreement between Leatherman and Defendant is attached hereto as Exhibit 2.

14. Among other obligations, Leatherman’s Authorized Reseller Agreement required 

Defendant, as an authorized reseller of Leatherman products, to promptly and effectively respond 

to questions and service requests from actual and prospective end-user consumers regarding 

Leatherman’s products. Leatherman’s Authorized Reseller Agreement with Defendant further 

obligated Defendant to represent Leatherman’s products in a professional manner, and refrain 

from any conduct that is or could be detrimental to the reputation or integrity of Leatherman or 

its products.

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DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

(503) 241-2300 main  (503) 778-5299 fax

15. Since Leatherman and Defendant entered into the Authorized Reseller 

Agreement, Leatherman has received numerous complaints directly from end-user consumers 

who had purchased Leatherman products from Defendant on its online retail site, 

www.factoryoutletstore.com. Among other things, Leatherman received complaints from enduser consumers who purchased or attempted to purchase Leatherman’s products from Defendant 

that:

a. Defendant refused to exchange and/or return a Leatherman product purchased by 

end-user consumer on www.factoryoutletstore.com, despite Defendant’s 30-day 

return policy;

b. Defendant refused to honor the warranty on a Leatherman product purchased by 

end-user consumer on www.factoryoutletstore.com, despite the manufacturer’s 

25-year warranty; 

c. Defendant shipped the wrong Leatherman product, or failed to ship all 

Leatherman products, purchased by end-user consumer on 

www.factoryoutletstore.com and subsequently refused to exchange the 

Leatherman product or otherwise resolve the problem with the end-user 

consumer’s purchase;

d. Defendant refused to refund an end-user consumer for purchase of Leatherman 

products on www.factoryoutletstore.com where, subsequent to the end-user 

consumer’s purchase, Defendant falsely represented to end-user consumer that the 

Leatherman products purchased were “discontinued,” and therefore unavailable; 

and

e. Defendant refused to assist an end-user consumer with exchange, return, warranty 

issue, or other problem with end-user consumer’s purchase on 

www.factoryoutletstore.com, and instead directed end-user purchaser to contact 

Leatherman directly.

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DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

(503) 241-2300 main  (503) 778-5299 fax

16. As a result of receiving reports from end-user consumers regarding Defendant’s 

conduct set forth in Paragraph 15 (a)-(e), Leatherman terminated Defendant as an authorized 

reseller for breach of the Authorized Reseller Agreement. On May 21, 2014, Leatherman 

provided notice of termination to Defendant, informing Defendant of its material breaches and 

that, as of the date of the notice of termination, Defendant was no longer an authorized reseller of 

Leatherman products or authorized to resell Leatherman’s products to end-user consumers online 

at www.factoryoutletstore.com. Additionally, Leatherman’s notice of termination demanded that 

Defendant cease use of anything which would give actual or potential end-user consumers the 

impression that Defendant is an authorized reseller or representative of Leatherman or its 

products, or otherwise has any affiliation with Leatherman or its products. A true and correct 

copy of Leatherman’s notice of termination to Defendant is attached hereto as Exhibit 3.

17. On June 4, 2014, Leatherman again reiterated its demand in writing that 

Defendant cease use of anything in connection with its online retail site, 

www.factoryoutletstore.com, that would give actual or potential end-user consumers the 

impression that Defendant is an authorized reseller or representative of Leatherman or its 

products, or otherwise has any affiliation with Leatherman or its products.

18. Despite Leatherman’s termination of Defendant’s authorized reseller status, and 

as of the date of the filing of this Complaint, Defendant is still promoting and selling 

Leatherman’s products on its online retail site, www.factoryoutletstore.com. Defendant also 

continues to represent to end-user consumers, through direct customer service communications 

with end-user consumers, its use of the Leatherman Marks on www.factoryoutletstore.com, and 

other information regarding Leatherman products published on its online retail site, that 

Defendant is affiliated, associated with, or sponsored by Leatherman. Defendant’s 

representations and other conduct is not only false, misleading and/or confusing to end-user 

consumers as to Defendant’s relationship with Leatherman, but is also in direct violation of the 

Authorized Reseller Agreement, which explicitly provides that upon termination of an authorized 

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DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

(503) 241-2300 main  (503) 778-5299 fax

reseller, the former authorized reseller is to immediately cease all conduct that would give the 

impression that the reseller is an authorized reseller or representative of Leatherman or its

products, or otherwise has any affiliation with Leatherman and its products.

19. As a result of Defendant’s conduct set forth in Paragraph 15 (a)-(e), and 

Defendant’s continued conduct set forth in Paragraph 18, whereby Defendant has engaged in 

poor customer service and other conduct intended to give end-user consumers the false 

impression that Defendant is affiliated, associated with, or sponsored by Leatherman, 

Leatherman has suffered and will continue to suffer harm to its valuable goodwill and reputation, 

as well as future lost sales.

Defendant’s False and Misleading Statements

20. Since Leatherman and Defendant entered into the Authorized Reseller 

Agreement, as well as after Leatherman’s termination of Defendant’s authorized reseller status, 

Leatherman has received reports that Defendant has made and continues to make false and/or 

misleading statements regarding Defendant’s affiliation, association with, or sponsorship by 

Leatherman, as well as false and/or misleading statements regarding the nature or characteristics 

of Leatherman’s products. Upon information and belief, Defendant, both through information 

published on www.factoryoutletstore.com and through direct communications with end-user 

consumers, has made the following false and/or misleading statements of fact:

a. That Defendant’s online retail site, www.factoryoutletstore.com, is the actual 

and/or official “factory outlet store” for Leatherman and all products 

manufactured by Leatherman;

b. That certain Leatherman products sold on Defendant’s online retail site, 

www.factoryoutletstore.com, have been “discontinued” and are therefore 

unavailable when they are products that have not been discontinued by 

Leatherman and are widely available for purchase from Leatherman, as well as its 

network of authorized resellers; and 

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DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

(503) 241-2300 main  (503) 778-5299 fax

c. That certain Leatherman products sold on Defendant’s online retail site, 

www.factoryoutletstore.com, are on “National Back Order” and are “not available 

anywhere else” when they are products that are widely available for purchase 

from Leatherman, as well as from its network of authorized resellers. 

21. Defendant’s false and/or misleading statements regarding Leatherman’s 

affiliation, association with, or sponsorship of Defendant’s online retail site, 

www.factoryoutletstore.com, are made for the purpose of misleading end-user consumers into 

believing that Defendant’s online retail site is the official “factory outlet store” for Leatherman 

and its products, or that Defendant’s online retail site is otherwise affiliated with, associated 

with, or sponsored by Leatherman, so that end-user consumers will purchase Leatherman 

products from Defendant instead of from another source, such as Leatherman or any number of 

its authorized resellers.

22. Defendant’s false and/or misleading statements regarding Leatherman’s products, 

including Defendant’s representations regarding the availability, status, or source of Leatherman 

products sold on www.factoryoutletstore.com are made for the purpose of influencing end-user 

consumers and potential consumers to purchase Leatherman’s products from Defendant and to 

deter potential end-user consumers from purchasing Leatherman products elsewhere, such as 

directly from Leatherman or any number of its authorized resellers.

23. Due to Defendant’s false and/or misleading statements set forth in Paragraph 

20 (a)-(c), end-user consumers are likely to be misled and/or confused as to Leatherman’s 

affiliation, association with, or sponsorship of Defendant’s www.factoryoutletstore.com, and as 

to the availability, status, or source of Leatherman products promoted and sold on Defendant’s 

online retail site. As a result of such false and/or misleading statements, Leatherman is likely to 

be injured, either by a direct diversion of sales from Leatherman to Defendant, future lost sales, 

or by a lessening of valuable goodwill and reputation associated with Leatherman, its products, 

and its customer service.

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DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

(503) 241-2300 main  (503) 778-5299 fax

Defendant’s Trademark Infringement

24. Despite Leatherman’s termination of Defendant’s authorized reseller status on 

May 21, 2014, Defendant has continued to use the Leatherman Marks in connection with its 

online retail site, www.factoryoutletstore.com, in a manner that is likely to deceive consumers, 

potential consumers, and the general public into believing that Defendant is an authorized 

reseller of Leatherman products, a representative of Leatherman, or otherwise affiliated,

associated with, or sponsored by Leatherman. 

25. Defendant’s site www.factoryoutletstore.com uses the Leatherman Marks, 

including Leatherman’s stylized design logo, in several areas on its site in connection with the 

promotion and sale of Leatherman products. A true and correct copy of a screenshot showing 

Defendant's use of the Leatherman Marks on www.factoryoutletstore.com, both on the landing 

page for Leatherman products and on an individual product page, is attached hereto as Exhibit 4.

26. Defendant’s use of the Leatherman Marks on several pages of 

www.factoryoutletstore.com, including Defendant’s use of Leatherman’s stylized design logo, 

gives consumers and potential consumers the false impression that Defendant’s online retail site 

is authorized, sponsored, or approved by Leatherman, or is likely to cause confusion or mistake 

as to Defendant's affiliation, association with, or sponsorship by Leatherman. Defendant's use of 

the Leatherman Marks on the pages of its online retail site, www.factoryoutletstore.com, is not 

nominative fair use because Defendant uses more of the Leatherman Marks than is reasonably 

necessary to simply identify the Leatherman products it offers for sale. 

27. In addition to using the Leatherman Marks on its website, Defendant also uses the 

Leatherman Marks in connection with Google's AdWords and other search engine advertising 

that it purchases for www.factoryoutletstore.com. Google AdWords, and other similar forms of 

search engine advertising, is an advertising program through which a search engine sells 

“keywords” or search terms that, when entered into the search engine, trigger the display of the

particular advertiser's advertisement. When a consumer enters a certain keyword, Google 

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DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

(503) 241-2300 main  (503) 778-5299 fax

displays the search results generated by its own algorithm on the results page, along with the 

Google AdWords advertisements in a section either above or next to the other search results. 

Google AdWords and other similar search engine advertising programs allow advertisers to 

generate internet traffic to their website, and target potential consumers search the internet for a 

specific product or category of products. A true and correct copy of a screenshot showing 

Defendant's Google AdWords advertisement for www.factoryoutletstore.com, as well as 

screenshots of Defendant’s similar paid advertisements on other search engines, are attached 

hereto as Exhibit 5.

28. Defendant uses the Leatherman Marks in various ways in connection with the 

Google AdWords advertising that it purchases for its site www.factoryoutletstore.com. For 

instance, upon information and belief, Defendant has purchased “Leatherman,” one of the 

Leatherman Marks, as a keyword from Google AdWords, so that if a potential consumer enters 

“Leatherman” into Google's search engine, an advertisement for Defendant's site appears at the 

very top of the consumer's search results page, above the search results displaying the actual link 

to Leatherman's official online retail site, www.leatherman.com.

29. Defendant has not only purchased “Leatherman,” one of the Leatherman Marks, 

as a keyword from Google AdWords, but also uses the Leatherman Marks in the text of the 

Google AdWords advertisement itself. When a potential consumer enters the keyword 

“Leatherman” into Google's search engine, the advertisement that appears at the top of the 

consumer's search results page for Defendant's online retail site reads “Leatherman Online Store” 

or “Leatherman Online Store – FactoryOutletStore.com,” with a display URL of 

“leatherman.factoryoutletstore.com.” 

30. Defendant’s use of the Leatherman Marks in connection with Google’s AdWords 

advertising, particularly Defendant's use of the Leatherman Marks in connection with the 

advertisement text that reads “Leatherman Online Store” and 

“leatherman.factoryoutletstore.com,” not only gives the false impression that Defendant's site is 

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DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

(503) 241-2300 main  (503) 778-5299 fax

the official online retail site or factory store for Leatherman and its products, but also gives 

potential consumers searching for Leatherman products the false impression that Defendant's 

online retail site is authorized, sponsored, or approved by Leatherman. Additionally, 

Defendant's use of the Leatherman Marks both as a keyword and in the text of the advertisement 

itself is specifically intended to direct potential consumers searching for Leatherman products to 

Defendant's online retail site, www.factoryoutletstore.com. Defendant's use of the Leatherman 

Marks in this manner is more than is reasonably necessary to identify the Leatherman products 

sold by Defendant on www.factoryoutletstore.com.

31. As a result of Defendant's improper use of the Leatherman Marks, both on the 

pages of its online retail site and in connection with its paid internet advertising on Google and 

other search engines, Leatherman is likely to be injured, either by a direct diversion of sales from 

Leatherman to Defendant, future lost sales, or by a lessening of valuable goodwill and reputation 

associated with Leatherman, its products, and its customer service.

FIRST CLAIM FOR RELIEF

(Trademark Infringement – Lanham Act – 15 U.S.C. §1114) 

32. Leatherman realleges and incorporates by reference the allegations contained in 

Paragraphs 1 through 31 above.

33. The Leatherman Marks are distinctive, have become well-recognized in the mind 

of consumers, potential consumers, and the general public with Leatherman's products, and have 

come to represent the goodwill and reputation associated with Leatherman's products and 

customer service.

34. Without Leatherman’s authorization or permission, and having knowledge of 

Leatherman’s prior rights in the Leatherman Marks, Defendant has used the Leatherman Marks

in connection with its online retail site, both on the pages of www.factoryoutletstore.com and in 

connection with paid search engine advertising for www.factoryoutletstore.com, with the intent 

to give potential consumers the false impression that Defendant’s site is authorized, sponsored, 

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DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

(503) 241-2300 main  (503) 778-5299 fax

or approved by Leatherman, and to profit from the Leatherman Marks by diverting consumer 

internet traffic to Defendant’s online retail site.

35. Defendant’s improper use of the Leatherman Marks in connection with its online 

retail site www.factoryoutletstore.com is likely to cause confusion, mistake, or confuse 

consumers and potential consumers by creating the false or misleading impression that 

Defendant is an authorized reseller of Leatherman products, and that Defendant’s online retail 

site is associated or connected with Leatherman, or has the sponsorship, endorsement, or 

approval of Leatherman, when it does not, in violation of 15 U.S.C. § 1114. 

36. Defendant’s use of the Leatherman Marks in connection with its site 

www.factoryoutletstore.com does not constitute nominative fair use because Defendant uses the 

Leatherman Marks in a manner that is more than reasonably necessary to identify the 

Leatherman products offered for sale on Defendant’s online retail site.

37. As a result of Defendant’s infringement, Leatherman is likely to suffer damages, 

including lost sales, lost business opportunities, and damage to Leatherman’s goodwill and 

reputation, entitling Leatherman to damages in an amount to be determined at trial.

38. Leatherman has no adequate remedy at law and, if the Defendant’s activities are 

not enjoined, Leatherman will continue to suffer irreparable harm and injury to its goodwill and 

reputation.

39. Defendant’s unlawful use of the Leatherman Marks in connection with its online 

retail site www.factoryoutletstore.com is both knowing and intentional, and thus Defendant’s 

actions constitute exceptional, willful, and deliberate conduct, entitling Leatherman to its 

reasonable attorneys’ fees and costs incurred in connection with this lawsuit pursuant to 15 

U.S.C. § 1117.

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DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

(503) 241-2300 main  (503) 778-5299 fax

SECOND CLAIM FOR RELIEF

(False Designation of Origin – Lanham Act – 15 U.S.C. §1125(a)(A))

40. Leatherman realleges and incorporates by reference the allegations contained in 

Paragraphs 1 through 39 above.

41. Defendant’s improper use of the Leatherman Marks in connection with its online 

retail site, www.factoryoutletstore.com, is likely to cause confusion, or to cause mistake, or to 

deceive consumers and potential consumers as to the affiliation, connection, or association of 

Defendant’s online retail site with Leatherman, or as to the sponsorship or approval of 

Defendant’s online retail site by Leatherman, in violation of 15 U.S.C. § 1125(a)(A).

42. Defendant’s false and/or misleading statements regarding the relationship 

between Defendant’s online retail site, www.factoryoutletstore.com, and Leatherman is also 

likely to cause confusion, or to cause mistake, or to deceive consumers and potential consumers 

as to the affiliation, connection, or association of Defendant’s online retail site with Leatherman, 

or as to the sponsorship or approval of Defendant’s online retail site by Leatherman, in violation 

of 15 U.S.C. § 1125(a)(A).

43. As a result of Defendant’s improper use of the Leatherman Marks in connection 

with its site www.factoryoutletstore.com, as well as Defendant’s false and/or misleading 

statements regarding its online retail site’s affiliation or connection with Leatherman, 

Leatherman is likely to suffer damages, including lost sales, lost business opportunities, and 

damage to Leatherman’s goodwill and reputation, entitling Leatherman to damages in an amount 

to be determined at trial.

44. Leatherman has no adequate remedy at law and, if the Defendant’s activities are 

not enjoined, Leatherman will continue to suffer irreparable harm and injury to its goodwill and 

reputation. 

45. Defendant’s unlawful use of the Leatherman Marks in connection with 

www.factoryoutletstore.com and its false and/or misleading statements regarding its online retail 

site’s connection or affiliation with Leatherman was both knowing and intentional, and thus 

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DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

(503) 241-2300 main  (503) 778-5299 fax

Defendant’s actions constitute exceptional, willful, and deliberate conduct, entitling Leatherman 

to its reasonable attorneys’ fees and costs incurred in connection with this lawsuit pursuant to 15 

U.S.C. § 1117.

THIRD CLAIM FOR RELIEF

(False Advertising – Lanham Act – 15 U.S.C. §1125(a)(B))

46. Leatherman realleges and incorporates by reference the allegations contained in 

Paragraphs 1 through 45 above.

47. Defendant’s false and/or misleading statements on its online retail site and in 

direct communications with consumers or potential consumers regarding the availability, status, 

and source of Leatherman’s products, as well as Leatherman’s approval, sponsorship of, or 

association with www.factoryoutletstore.com, are made in commercial competition with 

Leatherman and made for the purpose of influencing consumers to purchase Leatherman 

products from Defendant instead of from another source.

48. Defendant’s false and/or misleading statements regarding Leatherman’s products 

and Defendant’s relationship with Leatherman have deceived or are likely to deceive a 

substantial number of consumers or potential consumers seeking to purchase Leatherman 

products as to the availability, status, and source of Leatherman products, or as to 

www.factoryoutletstore.com’s affiliation, association, or connection with Leatherman.

49. Defendant’s false and/or misleading statements regarding the availability, status, 

and source of Leatherman’s products, as well as Defendant’s affiliation or connection with 

Leatherman, are material to consumers seeking to purchase Leatherman products, and will 

improperly draw consumers and potential consumers to Defendant’s online retail site, 

www.factoryoutletstore.com. 

50. As a result of Defendant’s false and/or misleading statements regarding 

Leatherman’s products and Defendant’s affiliation with Leatherman, Leatherman is likely to 

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DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

(503) 241-2300 main  (503) 778-5299 fax

suffer damages, including lost sales, lost business opportunities, and damage to Leatherman’s 

goodwill and reputation, entitling Leatherman to damages in an amount to be determined at trial.

51. Leatherman has no adequate remedy at law and, if the Defendant’s activities are 

not enjoined, Leatherman will continue to suffer irreparable harm and injury to its goodwill and 

reputation.

52. Defendant knew or should have known that its false and/or misleading statements 

constitute a false statement of fact regarding the availability, status, or source of Leatherman’s 

products and Defendant’s affiliation with Leatherman, and thus Defendant’s false and/or 

misleading statements constitute exceptional, willful, and deliberate conduct, entitling 

Leatherman to its reasonable attorneys’ fees and costs incurred in connection with this lawsuit 

pursuant to 15 U.S.C. § 1117.

FOURTH CLAIM FOR RELIEF

(Common Law Unfair Competition)

53. Leatherman realleges and incorporates by reference the allegations contained in

Paragraphs 1 through 52 above.

54. Defendant’s improper use of the Leatherman Marks in connection with its online 

retail site, www.factoryoutletstore.com, are calculated to and likely to confuse, mislead, or 

deceive consumers as to its online retail site’s affiliation, association, or connection with 

Leatherman, or that Leatherman has sponsored, endorsed, or approved Defendant’s online retail 

site, and are likely to influence consumers and potential consumers to purchase Leatherman 

products from Defendant’s online retail site instead of from another source.

55. Defendant’s false and/or misleading statements regarding its online retail site’s 

relationship with Leatherman are calculated to and likely to confuse, mislead, or deceive 

consumers as to www.factoryoutletstore.com’s affiliation, association, or connection with 

Leatherman, or that Leatherman has sponsored, endorsed, or approved Defendant’s online retail 

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DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

(503) 241-2300 main  (503) 778-5299 fax

site, and are likely to influence consumers and potential consumers to purchase Leatherman 

products from Defendant’s online retail site instead of from another source.

56. As a result of Defendant’s improper use of the Leatherman Marks in connection 

with its site www.factoryoutletstore.com, as well as Defendant’s false and/or misleading 

statements regarding its online retail site’s affiliation or connection with Leatherman, 

Leatherman is likely to suffer damages, including lost sales, lost business opportunities, and 

damage to Leatherman’s goodwill and reputation, entitling Leatherman to damages in an amount 

to be determined at trial.

57. Leatherman has no adequate remedy at law and, if the Defendant’s activities are 

not enjoined, Leatherman will continue to suffer irreparable harm and injury to its goodwill and 

reputation. 

58. As a result of Defendant’s unlawful conduct, Leatherman has incurred attorneys’ 

fees and costs, including fees and costs incurred in connection with this lawsuit, to which it is 

entitled.

FIFTH CLAIM FOR RELIEF 

(Breach of Contract)

59. Leatherman realleges and incorporates by reference the allegations contained in 

Paragraphs 1 through 58 above.

60. Leatherman and Defendant entered into an Authorized Reseller Agreement, 

whereby Defendant was authorized to resell Leatherman products to end-user consumers on its 

online retail site, www.factoryoutletstore.com.

61. Per the terms of the Authorized Reseller Agreement, Defendant was required to 

promptly and effectively respond to questions and service requests from end-user and potential 

end-user consumers, represent Leatherman and its products in a professional manner, and refrain 

from engaging in any conduct that could be detrimental to the reputation or integrity of 

Leatherman or its products.

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DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

(503) 241-2300 main  (503) 778-5299 fax

62. Defendant materially breached its Authorized Reseller Agreement with 

Leatherman in at least the following ways: (1) by failing to promptly and effectively respond to, 

address, and resolve questions and service requests from end-user and potential end-user 

consumers; and (2) by engaging in conduct, such as poor customer service and false and/or 

misleading statements regarding the availability, status, and source of Leatherman products, that 

is detrimental to the reputation, goodwill, and integrity of Leatherman and its products.

63. Due to Defendant’s material breaches of the Authorized Reseller Agreement, 

Leatherman terminated Defendant’s status as an authorized reseller of Leatherman products. 

64. Despite Leatherman’s termination of Defendant’s authorized reseller status, 

Defendant continues to sell Leatherman products on its online retail site, 

www.factoryoutletstore.com. Additionally, Defendant continues to use the Leatherman Marks in 

a manner that is likely to mislead or confuse consumers as to Leatherman’s endorsement, 

approval, or sponsorship of its online retail site, and also continues to make false and/or 

misleading representations to consumers regarding Defendant’s affiliation, association, and 

connection with Leatherman. Defendant’s continued conduct is in direct violation of the 

Authorized Reseller Agreement, which provides that upon termination a former authorized

reseller must not engage in any conduct that would give the impression that the reseller is an 

authorized reseller of Leatherman products, a representative of Leatherman or its products, or 

otherwise has any affiliation with Leatherman or its products.

65. As a result of Defendant’s material breaches of the Authorized Reseller 

Agreement, and continued material breaches of the terminated Authorized Reseller Agreement, 

including but not limited to Defendant’s poor customer service and false and/or misleading 

representations and conduct that gives end-user and potential end-user consumers the false 

impression that Defendant’s online retail site is affiliated, associated, or connected with 

Leatherman, Leatherman has suffered and is likely to suffer continued damages, including 

damages to its goodwill and reputation and future lost sales and business opportunities. 

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DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

(503) 241-2300 main  (503) 778-5299 fax

66. Per the terms of the Authorized Reseller Agreement, Leatherman is entitled to its 

reasonable attorneys’ fees and costs incurred in connection with this lawsuit.

PRAYER FOR RELIEF 

WHEREFORE, Leatherman prays that:

1. Defendant be permanently enjoined and restrained from: (a) engaging in any 

conduct which would give consumers or potential consumers the impression that Defendant or 

www.factoryoutletstore.com is an authorized reseller of Leatherman products, a representative of 

Leatherman or its products, or otherwise affiliated, associated, or connected with Leatherman or 

its products; (b) using the Leatherman Marks, or any other federally-registered trademark owned 

by Leatherman, in a manner that is more than is reasonably necessary to identify the Leatherman 

products sold by Defendant on www.factoryoutletstore.com; (c) using the Leatherman Marks, or 

any other federally-registered trademark owned by Leatherman, in any manner, including but not 

limited to on the pages of www.factoryoutleststore.com or in connection with paid search engine 

advertising for www.factoryoutlestore.com, that is calculated to confuse or mislead consumers, 

potential consumers, or the general public into believing that Defendant or its online retail site is 

associated or connected with Leatherman, or that Defendant’s products are those sold under the 

control or supervision of Leatherman, or otherwise sponsored, approved, or endorsed by 

Leatherman; (d) making any false and/or misleading statements on the pages of 

www.factoryoutletstore.com or directly to consumers or potential consumers in connection with 

Defendant’s sale of Leatherman products, including but not limited to the availability, status, or 

source of Leatherman products sold on www.factoryoutletstore.com, or Leatherman’s affiliation, 

association with, sponsorship, or approval of Defendant’s sale of Leatherman products on its 

online retail site. 

2. Defendant be ordered to file with this Court and serve on Leatherman’s counsel 

within thirty (30) days after the Court’s issuance of a judgment, a report setting forth in detail the 

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DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

(503) 241-2300 main  (503) 778-5299 fax

manner and form in which Defendant has complied with Paragraph 1 of Leatherman’s Prayer for 

Relief.

3. Defendant be required to pay Leatherman all damages suffered as a result of 

Defendant’s conduct, in an amount to be determined at trial.

4. Defendant be required to pay costs of suit, including reasonable attorneys’ fees 

and expert witness fees.

5. Leatherman be granted such other and further relief as this Court deems just and 

equitable.

DATED this 6th day of June, 2014.

DAVIS WRIGHT TREMAINE LLP

By /s/ Kaley L. Fendall

John F. McGrory, Jr., OSB #813115

johnmcgrory@dwt.com

Kaley L. Fendall, OSB #093509

kaleyfendall@dwt.com

Telephone: (503) 241-2300

Facsimile: (503) 778-5299

Stuart R. Dunwoody, OSB #126084

stuartdunwoody@dwt.com

Telephone: (206) 757-8034

Facsimile: (206) 628-7699

Attorneys for Plaintiff

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