PLAINTIFF’S COMPLAINT FOR COPYRIGHT INFRINGEMENT, 

FRAUDULENT MISREPRESENTATION and CONVERSION 1 of 11 

Joseph Mohr OSB # 053274 

Mohr Intellectual Property Law Solutions, P.C. 

522 SW 5th Avenue, Suite 1390 

Portland, OR 97204 

Phone: 503.336.1214 

Fax: 866.387.6875 

Email: joey@mohriplaw.com 

M. Bradley Blommer OSB # 105499 

Law Office of M. Bradley Blommer, LLC 

522 SW 5th Avenue, Suite 1390 

Portland, OR 97204 

Phone: 503.972.1590 

Fax: 888.817.4658 

Email: brad@blommerlaw.com 

Attorneys for Plaintiff Allied Advertising, Inc. 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

PORTLAND DIVISION 

ALLIED ADVERTISING, INC., an 

Oregon corporation, Plaintiff, 

v. 

PORTLAND AUTOMOTIVE 

MANAGEMENT, INC., an Oregon 

corporation, d/b/a BROADWAY 

TOYOTA, Defendant 

Civil Action No: 3:14-cv-01401 

PLAINTIFF’S COMPLAINT FOR 

COPYRIGHT INFRINGEMENT, 

FRAUDULENT MISREPRESENTATION 

and CONVERSION 

DEMAND FOR JURY TRIAL 

 

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PLAINTIFF’S COMPLAINT FOR COPYRIGHT INFRINGEMENT, 

FRAUDULENT MISREPRESENTATION and CONVERSION 2 of 11 

PLAINTIFF’S COMPLAINT AND JURY DEMAND 

 NOW COMES Plaintiff, Allied Advertising, Inc., by and through its counsel, 

Mohr Intellectual Property Law Solutions, P.C., and the Law Office of M. Bradley 

Blommer, LLC, and for its Complaint and Jury Demand, states as follows: 

JURISDICTION AND VENUE 

1. This is a civil action seeking damages from Defendant, Portland Automotive 

Management, Inc., d/b/a Broadway Toyota, for copyright infringement under the 

copyright laws of the United States (17 U.S.C. § 101 et seq.), for fraudulent 

misrepresentation, and for conversion. 

2. This Court has jurisdiction under 18 U.S.C. § 101 et seq.; 28 U.S.C. § 1331 

(federal question); 28 U.S.C. § 1338 (a). 

3. This Court has personal jurisdiction over Defendant and venue in this District is 

proper under 28 U.S.C. § 1391 (b) and 28 U.S.C. §1400 (a) because Defendant resides in 

this District and the infringement and the theft occurred in this District. 

PARTIES 

4. Plaintiff, Allied Advertising, Inc., (hereinafter “AAI” or “Plaintiff”), is a 

corporation duly organized and existing under the laws of the State of Oregon, with its 

principal place of business in the State of Oregon, located at 4021 Crater Lake Avenue, 

Suite 102, Medford, Oregon, 97504. 

5. Upon information and belief, Portland Automotive Management, Inc., d/b/a 

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PLAINTIFF’S COMPLAINT FOR COPYRIGHT INFRINGEMENT, 

FRAUDULENT MISREPRESENTATION and CONVERSION 3 of 11 

Broadway Toyota (hereinafter “Broadway Toyota” or “Defendant”), is a corporation duly 

organized and existing under the laws of the State of Oregon, with its principal place of 

business in the State of Oregon, located at 55 NE Broadway, Portland, Oregon, 97232. 

FACTUAL ALLEGATIONS 

6. Plaintiff incorporates by reference and reasserts all allegations and assertions 

made in the preceding paragraphs 1-5 as if fully stated herein. 

7. AAI provides valuable marketing services, materials, and creative work for some 

of the nation’s largest auto dealerships. 

8. AAI’s primary asset is the company’s intellectual property, including, but not 

limited to promotional plans, advertisements, marketing materials, and list-procurement 

strategies. 

9. On April 11, 2013, a man who introduced himself as “Vince Gillam” called AAI, 

claiming to be the Sales Manager for Dick Hannah Volkswagen, a well-respected 

dealership in the community with which AAI had hoped to do business. (See Exhibit A, 

affidavit of Terry Baker, AAI's General Sales Manager, which details the 

communications with Mr. Gillam and the confidential and proprietary material 

stolen by him.)

10. Mr. Gillam said he was referred to AAI by McCords Vancouver Toyota and that 

he was interested in hiring AAI to do promotional work for Dick Hannah Volkswagen. 

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11. Mr. Gillam asked for confidential and proprietary information for AAI’s 

promotions and list-procurement strategy. 

12. Mr. Gillam specifically requested a copy of the McCords Vancouver Toyota 

promotion, written by AAI, and a dealer in-take form to “hire” AAI for said promotions. 

AAI had also sold the promotion to Beaverton Toyota, a local dealership. 

13. Mr. Gillam indicated that he wanted to show his manager the above-mentioned 

documents to “finalize” the deal. 

14. Plaintiff provided the confidential and proprietary information Mr. Gillam 

requested. The information and material provided included, without limitation, the 

following: a) A document detailing AAI’s list-creation strategy; b) A document 

outlining AAI’s written-copy strategy; c) A copy of McCords Vancouver Toyota 

promotion strategy, written by AAI; d) A document outlining AAI’s market management 

procedures for long-term sales growth; e) A document with information specific to Dick 

Hannah Volkswagon’s promotion. 

15. When Mr. Gillam obtained AAI’s confidential and proprietary information, he 

immediately stopped all correspondence with AAI and never responded to the follow-up 

letters sent on April 11, 15, and 18, 2013. 

16. Therefore, on April 23, 2013, Terry Baker (“Mr. Baker”), General Sales Manager 

for AAI, called the number provided by Mr. Gillam; it was fake — there was no 

voicemail or valid contact information. 

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17. Mr. Baker called Dick Hannah Volkswagen to ask about Mr. Gillam; the 

dealership indicated that no person by the name of “Vince Gillam” had ever been 

employed at Dick Hannah Volkswagen. 

18. Mr. Baker did a web search for “Vince Gillam.” The search confirmed Mr. 

Gillam did not work for Dick Hannah Volkswagen; however, he was an employee of 

Broadway Toyota. 

19. On April 23, 2013, Mr. Baker called Broadway Toyota and asked for Mr. Gillam, 

who answered the phone. Mr. Gillam paused. . . and eventually admitted that he 

misrepresented his identity and employment status, and his intent to hire AAI, with the 

goal of acquiring and using AAI’s promotional materials without having to pay for them. 

20. Mr. Gillam apologized and indicated that he was “made to do it” by his manager; 

he attempted to rectify the situation by claiming that his “real” dealership, Broadway 

Toyota, “may” do business with AAI sometime in the future. 

21. Shortly after Mr. Gillam contacted AAI; misrepresented his employment status 

and intent to hire AAI; and received the stolen promotion, Defendant printed a promotion 

identical to the McCords Vancouver Toyota promotion written and copyrighted by AAI. 

(Compare AAI’s copyrighted promotion used by AAI’s client Beaverton Toyota 

shown in Exhibit B with Broadway Toyota’s infringing work shown in Exhibit C).

22. Defendant sent the stolen promotion to thousands of potential customers. 

23. By and through its attorney, Plaintiff sent Defendant a Cease and Desist Letter on 

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PLAINTIFF’S COMPLAINT FOR COPYRIGHT INFRINGEMENT, 

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January 17, 2014, accompanied by a copy of AAI’s copyrighted work, Broadway 

Toyota's infringing work, and the relevant copyright registration number. (See Exhibit 

E, the Cease and Desist letter sent to Broadway Toyota). 

24. Defendant, by and through its attorney, rejected Plaintiff’s numerous attempts to 

explore an amicable resolution and settlement to no avail. Plaintiff was left with no 

option but to file suit to recover damages. 

COUNT I 

Copyright Infringement 

25. Plaintiff incorporates by reference and reasserts all allegations and assertions 

made in the preceding paragraphs 1-24 as if fully stated herein. 

26. Plaintiff is, and at all relevant times has been, the copyright owner of exclusive 

rights under the US Copyright Act, 17 U.S.C. § 501, with respect to certain copyrighted 

promotions, including, but not limited to, the copyrighted letter identified in Exhibits A 

and B, which is the subject of a valid Certificate of Copyright Registration issued by the 

Register of Copyright as identified in Exhibit C. 

27. Among the rights granted to Plaintiff under the US Copyright Act is the exclusive

right to reproduce and distribute the copyrighted promotion to the public. 

28. Upon information and belief, Defendant, without permission or consent of 

Plaintiff, has, through misrepresentation, obtained the copyrighted promotion material 

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PLAINTIFF’S COMPLAINT FOR COPYRIGHT INFRINGEMENT, 

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and distributed the copyrighted promotion to the public — thereby unlawfully collecting 

profits from the same. 

29. Defendant violated Plaintiff’s exclusive right to reproduce and distribute the 

copyrighted promotion under federal law (17 U.S.C. § 505). 

30. Defendant’s foregoing acts of infringement have been willful and intentional, 

thus, executed by Defendant with disregard to Plaintiff’s rights. 

31. As result of Defendant’s infringement, Plaintiff is entitled to actual damages and 

profits attributable to said infringement, per 17 U.S.C. § 504(b), or to statutory damages 

per 17 U.S.C. § 504(c), whichever form of damages Plaintiff elects. 

32. In establishing actual damages, Plaintiff is required to present proof of only the 

infringer’s gross revenue; the infringer is required to prove his or her deductible expenses 

and the elements of the profit attributable to factors other than the copyrighted work, per 

17 U.S.C. § 504 (b). 

33. Plaintiff is entitled to reasonable attorneys’ fees and costs, per 17 U.S.C. § 505. 

34. Plaintiff is entitled to statutory damages in an amount up to $150,000, within the 

Court’s discretion, per 17 U.S.C. § 504(c)(2) because Defendant’s infringement was 

willful and made in bad faith. 

 

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COUNT II 

Common Law Fraudulent Misrepresentation 

35. Plaintiff incorporates by reference and reasserts all allegations and assertions 

made in the preceding paragraphs 1-35 as if fully stated herein. 

36. Defendant made material misrepresentations that were false, including, but not 

limited to, his true identity, his employment status with Dick Hannah Volkswagen, and 

his intent to hire and pay for Plaintiff’s services. 

37. Defendant did so knowing that the misrepresentations were false. 

38. Defendant intended Plaintiff to rely on the misrepresentations to advance the 

objectives of Defendant, which were to steal valuable, copyrighted, confidential, and 

proprietary information and works from Plaintiff. 

39. Plaintiff justifiably relied on the misrepresentations. 

40. Plaintiff was damaged as a natural and proximate result of that reliance. 

COUNT III 

Common Law Conversion 

41. Plaintiff incorporates by reference and reasserts all allegations and assertions 

made in the preceding paragraphs 1-40 as if fully stated herein. 

50. Plaintiff is the owner of a copyrighted promotion involving the sale of 

automobiles. 

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51. Defendant has wrongfully misappropriated and converted to its own use this 

copyrighted promotion. 

52. As a result of Defendant’s conduct, Plaintiff has suffered damages. 

PRAYER FOR RELIEF 

WHEREFORE, Plaintiff prays for relief as follows: 

 1. A declaration and/or judgment from this Court that: 

a. Defendant has infringed Plaintiff’s exclusive rights with respect to 

Plaintiff’s copyrighted promotion in violation of federal copyright law; 

b. Defendant, through its employee, made fraudulent misrepresentations to 

Plaintiff; and 

c. The conduct of Defendant was intentional, willful and/or malicious; 

 2. An order and judgment permanently enjoining Defendant and its officers, 

directors, agents servants, employees, affiliates, attorneys, parents, subsidiaries, divisions, 

successors and assigns and all others acting in privity or in concert from showing, selling, 

marketing, distributing or discussing Plaintiff’s copyrighted promotion; 

 3. Damages suffered by Plaintiff as a result of Defendant’s unlawful conduct, 

in an amount to be proven at trial, including without limitation lost profits and costs, 

statutory damages, as well as pre-judgment and post-judgment interest at the maximum 

rate authorized by law; 

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PLAINTIFF’S COMPLAINT FOR COPYRIGHT INFRINGEMENT, 

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 4. Punitive damages for Defendant’s fraudulent conduct or as otherwise 

provided by law; 

 5. Costs of the suit and reasonable attorney fees as provided by law; 

 6. Restitutionary relief against Defendant and in favor of Plaintiff, including 

disgorgement of wrongfully obtained profits and any other appropriate relief; 

 7. Any other remedy relief this Court deems just and proper. 

DATED: August 22, 2014 

 Respectfully Submitted, 

 Mohr Intellectual Property Solutions, P.C. 

 Law Office of M. Bradley Blommer, LLC 

 

 _/J. Mohr/__________________ 

 Joseph Mohr OSB # 053274 

 Attorney for Plaintiff 

 522 SW 5th Ave, Suite #1390 

 Portland, Oregon, 97204 

 (877) 897-5414 

 

 _/MBB/___________________ 

 M. Bradley Blommer OSB#105499 

 Attorney for Plaintiff 

 522 SW 5th Ave, Suite #1390 

 Portland, Oregon, 97204 

 503-972-1590 

 

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PLAINTIFF’S COMPLAINT FOR COPYRIGHT INFRINGEMENT, 

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LIST OF EXHIBITS 

 EXHIBIT A: Affidavit of Terry Baker, AAI's General Sales Manager 

 EXHIBIT B: AAI Copyright Material (McCords Vancouver Toyota 

 promotion) 

 EXHIBIT C: Broadway Toyota’s Infringing Work 

 EXHIBIT D: Copyright Registration Number 

 EXHIBIT E: January 17, 2014 Cease and Desist Demand

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