Page 1–COMPLAINT FOR TRADEMARK INFRINGEMENT 

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LANDYE BENNETT BLUMSTEIN LLP

Attorneys at Law 

1300 SW Fifth Avenue, Suite 3500 

Portland, Oregon 97201 

503.224-4100 ▪ 503.224-4133 (facsimile) 

Conde T. Cox, OSB #090977 

ccox@lbblawyers.com

Stuart K. Cohen, OSB #851738 

scohen@lbblawyers.com

LANDYE BENNETT BLUMSTEIN LLP 

1300 SW 5th Avenue, Suite 3500 

Portland, OR 97201 

Telephone: (503) 224-4100 

Facsimile: (503) 244-4133 

Of Attorneys for Plaintiffs 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

PORTLAND DIVISION 

ENTERTAINMENT RADIO NETWORK, 

LLC, an Oregon limited liability company; 

BENCHMARK ENTERTAINMENT LLC, 

an Oregon limited liability company; and 

ALAN MASTERS aka ALAN TAYLOR, 

and individual, 

 Plaintiffs, 

 v. 

TIME, INC., a Delaware corporation, 

 Defendant. 

Case No. ______________________

COMPLAINT FOR TRADEMARK 

INFRINGEMENT 

(Unfair competition; Dilution; Unjust 

Enrichment; Declaratory Judgment) 

Jury Trial Demanded 

Plaintiffs allege: 

INTRODUCTION 

1. 

This is an action at law and in equity for trademark infringement and unfair competition 

under the Trademark Act of 1946, 15 U.S.C. §§ 1051 et seq. (2002) (“Lanham Act”); the Oregon 

antidilution statute, ORS 647.107; the Oregon Unlawful Trade Practices Act, ORS §§646.605 et 

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LANDYE BENNETT BLUMSTEIN LLP

Attorneys at Law 

1300 SW Fifth Avenue, Suite 3500 

Portland, Oregon 97201 

503.224-4100 ▪ 503.224-4133 (facsimile) 

seq.; the Declaratory Judgment Act, 28 U.S.C. §§ 2201 et seq. (2007), and the common law. 

2. 

Plaintiffs Entertainment Radio Network, LLC (“ERN”), its affiliate Benchmark 

Entertainment, LLC (Benchmark”), and their individual principal Alan Masters aka Alan Taylor, 

(“Masters”), have used in commerce and built “The Drive” service mark and trademark since 

2013 though their nationally syndicated radio automotive culture talk show, through national 

automotive and automotive media shows, through nationwide television broadcasts on network 

television, and through the Internet, attracting national advertisers in the automotive industry. 

The mark “The Drive” is widely known as Plaintiffs’ mark by radio listeners, by television 

viewers, by consumers, by advertisers, by Internet bloggers, and by media companies throughout 

the United States. ERN is the primary consumer interface for Plaintiffs’ businesses, and ERN 

has for many years operated its website, www.ernlive.com, on which ERN has used the mark 

“The Drive” since February 2013. While contemporaneously recognizing in a writing signed by 

Defendant Time, Inc.’s Vice President Newell Thompson that “The Drive” is a mark owned and 

used in commerce nationally by Plaintiffs, Plaintiffs and Defendant Time, Inc. (“Time”) engaged 

in negotiations in recent years to develop a joint marketing program under which Plaintiffs 

would license to Time the use of Plaintiffs’ mark “The Drive.” Such negotiations failed, no 

agreement regarding a joint marketing program was reached, nor was any agreement reached 

regarding the license by Time for the use of Plaintiffs’ mark “The Drive.” Plaintiffs’ use of the 

mark was therefore known by Time when Time usurped and converted to its own use the mark 

“The Drive.” Acting to protect its common law rights and ownership of “The Drive,” on 

August 11, 2015, Plaintiff ERN, as the primary user of the mark in nationally broadcast radio 

talk shows and on its website on the Internet, filed on August 11, 2015 its Trademark/Service 

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LANDYE BENNETT BLUMSTEIN LLP

Attorneys at Law 

1300 SW Fifth Avenue, Suite 3500 

Portland, Oregon 97201 

503.224-4100 ▪ 503.224-4133 (facsimile) 

Mark Application with the United States Patent and Trademark Office (“PTO”) bearing serial 

number 86721634, to register its mark federally. Nonetheless, commencing on or about 

September 16, 2015, Time began using in interstate commerce, including by way of a new 

automotive culture website, Plaintiffs’ mark “The Drive.” Defendant Time has and continues to 

infringe Plaintiffs’ “The Drive” mark, causing consumer confusion and national media advertiser 

confusion with respect to the source, sponsorship, or approval of Plaintiffs’ services, causing 

irreparable harm to Plaintiffs’ business, reputation, and goodwill, diluting and tarnishing the 

distinctive quality of Plaintiffs’ mark both nationally and in the State of Oregon, and causing 

Defendant Time to be unjustly enriched. Time filed its own PTO application to register the mark 

“The Drive” on September 22, 2015, bearing serial number 86764811, in spite of Time’s 

knowledge of Plaintiffs’ ownership and well-known use of the mark “The Drive” and in spite of 

Time’s Vice President’s written admission in 2013 that “this is really Alan’s property,” referring 

to Plaintiff Alan Masters and to the mark “The Drive.” 

JURISDICTION AND VENUE 

3. 

This Court has subject matter jurisdiction under Section 39 of the Lanham Act, 15 U.S.C. 

§ 1121, and under 28 U.S.C. §§ 1331 and 1338, and under 28 U.S.C. §2201. This Court has 

jurisdiction over Plaintiff’s related state and common-law claims pursuant to 28 U.S.C. §§ 1338 

and 1367. This Court independently has diversity jurisdiction over this matter because Plaintiffs 

and Time are citizens of different states and the amount in controversy exceeds $75,000, 

excluding interest and costs. 

4. 

This Court also has personal jurisdiction over Time because, on information and belief, 

Time has sold advertising and distributed in Oregon a large number of publications and media 

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LANDYE BENNETT BLUMSTEIN LLP

Attorneys at Law 

1300 SW Fifth Avenue, Suite 3500 

Portland, Oregon 97201 

503.224-4100 ▪ 503.224-4133 (facsimile) 

productions, including Fortune, Money, Time, and Sports Illustrated magazines. Time has also 

infringed Plaintiffs’ mark “The Drive” by way of Time’s national use of its new automotive 

website, “www.thedrive.com,” thereby engaging in acts or omissions within this State causing 

injury within this State, or has otherwise made or established contacts with this State sufficient to 

permit the exercise of personal jurisdiction. 

This District is a proper venue pursuant to 28 U.S.C. § 1391(b)(2) because a substantial 

part of the events or omissions giving rise to Plaintiffs’ claims occurred in this District. 

PARTIES 

5. 

Plaintiff Entertainment Radio Network (“ERN”) is an Oregon limited liability company 

with its principal place of business at 231 SW 1st Street, Grants Pass, Oregon. ERN has two 

LLC members, Alan Masters aka Alan Taylor, and his spouse, Jan Masters, both of whom are 

Oregon residents, also residing in Grants Pass, Oregon. At times relevant herein, ERN has done 

business under the mark and assumed business name “The Drive” and “The Drive With Alan 

Taylor.” 

6. 

Plaintiff Benchmark Entertainment LLC (“Benchmark”) is also an Oregon limited 

liability company with its principal place of business at 231 SW 1st Street, Grants Pass, Oregon. 

Benchmark has the same two individual LLC members as ERN. Benchmark has regularly 

produced radio and television broadcasts and other widely distributed transmedia, all of which 

utilize and rely upon the mark “The Drive,” which it licenses and uses with its affiliates ERN and 

Masters. 

7. 

Plaintiff Alan Masters aka Alan Taylor (“Masters”) is an individual residing in Grants 

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LANDYE BENNETT BLUMSTEIN LLP

Attorneys at Law 

1300 SW Fifth Avenue, Suite 3500 

Portland, Oregon 97201 

503.224-4100 ▪ 503.224-4133 (facsimile) 

Pass, Oregon, who is the managing member of ERN and of Benchmark. At times relevant 

herein, Masters has done business, primarily through his entities ERN and Benchmark, under the 

assumed business name “The Drive” and “The Drive With Alan Taylor.” 

8. 

On information and belief, Defendant Time, Inc. (“Time”) is a corporation organized and 

existing under the laws of the State of Delaware having its principal place of business at 1271 

Avenue of the Americas, New York, New York 10020, and it may be served with process 

through its registered agent, The Corporation Trust Company, Corporation Trust Center, 

Wilmington, DE 19801. 

FACTS COMMON TO ALL CLAIMS FOR RELIEF 

9. 

ERN began its use of the mark “The Drive” in February 2013 in its nationally syndicated 

automotive talk shows, live events, automotive trade shows, blogs, videos, podcasts, websites 

(mainly, the site www.ernlive.com), and in media kits distributed by ERN and by Benchmark for 

the purpose of Plaintiffs’ sales of advertising placed on its shows and website and videos and 

podcasts. Such media kits were continuously distributed by ERN and by Benchmark from 2013 

to the date of filing of this Complaint at dozens of national automotive trade shows for the 

purpose of selling advertising on ERN national radio broadcasts and other transmedia produced 

by Benchmark, starring Plaintiff Masters, who uses the stage/broadcast name Alan Taylor. 

Purchasers of such advertising include all of the world’s largest and best known manufacturers of 

automobiles and automotive products, and their media partners. 

10. 

Plaintiffs have continuously used the mark “The Drive” from February 2013 to the date 

of filing of this Complaint, and Plaintiffs intend to continue to use such mark “The Drive” as its 

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LANDYE BENNETT BLUMSTEIN LLP

Attorneys at Law 

1300 SW Fifth Avenue, Suite 3500 

Portland, Oregon 97201 

503.224-4100 ▪ 503.224-4133 (facsimile) 

primary service and trademark in nationally and internationally broadcast radio shows and 

television shows, in websites, in blogs, at auto trade shows, in media kits, and in nationally 

distributed magazines. Plaintiffs hold common law rights in the mark “The Drive” for 

automotive culture radio and television broadcasting, for sales of advertising in all forms of 

media relating to automotive culture, on the Internet and on Plaintiffs’ websites, and in related 

video and podcast production, by virtue of their continuous use and jealous protection of “The 

Drive” as their mark. ERN is considered by the related and affiliated Plaintiffs as the primary 

user and holder and owner of the mark, with its affiliate Benchmark and their common individual 

principal Masters licensed users of the mark. 

11. 

Plaintiffs are known in Oregon and around the country, in connection with their use of 

“The Drive” service mark, as the owners and producers of nationally syndicated radio and 

television automotive culture talk shows, videos, podcasts, websites, blogs, and related media, 

and as a transmedia outlet for consumer connected advertising by the automotive industry. “The 

Drive” mark and its logo are associated with Masters as the radio voice and television 

personality Alan Taylor has become a valuable brand for Plaintiffs. Plaintiffs have established 

substantial goodwill among consumers and television viewers and radio listeners in connection 

with this brand and mark, as well as among important automotive culture-connected advertisers, 

readers, and publishers in the print media. Plaintiffs’ “The Drive” mark is famous and 

distinctive in the State of Oregon and nationally as a transmedia mark connected to automotive 

culture and automotive industry advertisers. Plaintiff Masters has for example appeared and 

been interviewed annually for many years on the ABC television talk show Live with Kelly & 

Michael, in March and April each year during the New York International Auto Show, with 

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LANDYE BENNETT BLUMSTEIN LLP

Attorneys at Law 

1300 SW Fifth Avenue, Suite 3500 

Portland, Oregon 97201 

503.224-4100 ▪ 503.224-4133 (facsimile) 

Plaintiff Masters introduced by Kelly, annually since 2013, as the man behind “The Drive.” 

Such interviews reach millions of viewers and are broadcast daily for typically five days on ABC 

during the annual New York International Auto Show, with Plaintiff Masters each time 

introduced as the voice and personality for “The Drive.” Plaintiff Masters has also appeared 

using the moniker “The Drive” during many other national broadcasts on television and radio in 

recent years, in hundreds of broadcasts, reaching many millions of viewers and listeners. 

12. 

Plaintiffs have expended considerable time, effort, and money in advertising and 

publicizing its services in their use of The Drive mark and logo and related broadcasts and 

publications. While using and relying on their mark “The Drive,” Plaintiffs have received local, 

national, and international press, appearing in nationally circulated lifestyle magazines that are 

attractive to the automotive industry such as Inc., Mens’ Health, Popular Science, Working 

Mother, Hemispheres (the United Airlines inflight publication), and others. Plaintiffs are also 

recognized and known via their mark “The Drive” to executives in the automotive industry, 

including executives at Ford Motor Company, General Motors, Chrysler, Fiat, Mercedes Benz, 

Lexus, Toyota, Maserati, BMW, Subaru, Nissan, Jaguar, LandRover, Aston Martin, Hyundai, 

Kia, Tesla, and others. Indeed, Plaintiff Masters, while using the distinctive mark “The Drive,” 

has interviewed on various media outlets the CEOs of virtually every major automobile 

manufacturer in the world. 

13. 

On or about September 16, 2015, Time began using “The Drive” in connection with its 

website, aimed at the automotive culture and automotive industry advertisers. Time was fully 

aware of Plaintiffs’ use and ownership of “The Drive” mark when Time began using Plaintiffs’ 

mark. A vice president of Time even stated in an email dated July 23, 2013, that Time was 

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LANDYE BENNETT BLUMSTEIN LLP

Attorneys at Law 

1300 SW Fifth Avenue, Suite 3500 

Portland, Oregon 97201 

503.224-4100 ▪ 503.224-4133 (facsimile) 

interested in licensing Plaintiffs’ mark “The Drive” and asked of another Time employee in that 

email to “set up a license....This is really Alan’s property....” (referring, by use of the word 

“property,” to the mark “The Drive” and to Plaintiff Alan Masters aka Alan Taylor, the 

individual principal of Plaintiffs ERN and Benchmark). 

14. 

Confusion is likely among advertisers, media publishers, consumers, television viewers, 

radio listeners, and others, for so long as Time uses Plaintiffs’ mark “The Drive” in connection 

with a website, the Internet, or in advertising or media sources connected to the automotive 

culture and related media outlets. 

15. 

During September and October 2015, Plaintiffs began to experience instances of actual 

confusion among automotive industry professionals regarding whether ERN, Benchmark and 

Masters and their services and products were associated with Time, with Plaintiffs’ receipt of 

emails from media professionals involved with the automotive industry and the automotive 

media regarding Time’s use of Plaintiffs’ mark “The Drive.” Indeed, in October 2015, written 

statements have been received by Plaintiffs’ writers for transmedia advertisers, regarding actual 

confusion over the use by both Plaintiffs and Time of the mark “The Drive.” One executive with 

Kelly Blue Book recently stated to Masters that “they [Time] stole your show’s name.” 

16. 

On September 22, 2015, Time filed an application with the United States Patent and 

Trademark Office (“PTO”) to register “The Drive” for “a website ... in the field of automobiles, 

motorcycles, lifestyle and entertainment,” and was given serial no. 86764811. This was filed by 

Time even though Time knew of the prior use and ownership by Plaintiffs of the mark “The 

Drive” in the automotive culture and automotive transmedia industry (on television, in radio, on 

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LANDYE BENNETT BLUMSTEIN LLP

Attorneys at Law 

1300 SW Fifth Avenue, Suite 3500 

Portland, Oregon 97201 

503.224-4100 ▪ 503.224-4133 (facsimile) 

the Internet, in live shows, in magazines, etc.). Time’s vice president, as noted above, stated in 

July 2013 that the mark “The Drive” “is Alan’s property,” and therefore Time attempted but 

failed to license the mark “The Drive” from Plaintiffs and instead simply appropriated Plaintiffs’ 

mark in violation of law and in violation of the standards of decency and fair play. 

17. 

Time’s advertising and promotion through its new website have affected Plaintiffs’ 

reputation in the market and led to actual confusion regarding ownership of the mark “The 

Drive” in the automotive transmedia advertising industry and automotive culture in which 

Plaintiffs are major known participants via their mark “The Drive.” 

18. 

Time knowingly, willfully, and intentionally adopted and used Plaintiffs’ mark “The 

Drive.” 

FIRST CLAIM FOR RELIEF

(Infringement of Unregistered Mark “The Drive”) 

19. 

Plaintiffs incorporate the allegations of the foregoing paragraphs as though fully set forth 

herein. 

20. 

Time’s use in commerce of “The Drive” for an online presence in the automotive culture 

and automotive media industry has caused and is likely to continue to cause confusion with 

Plaintiffs’ use of the trademark and service mark “The Drive” in their nationally syndicated radio 

talk shows, transmedia storytelling, and in its other automotive industry media activities, 

including at trade shows, on television news shows, in print media. and in other media outlets 

connected to automotive consumers, the automotive industry, and the automotive media industry. 

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LANDYE BENNETT BLUMSTEIN LLP

Attorneys at Law 

1300 SW Fifth Avenue, Suite 3500 

Portland, Oregon 97201 

503.224-4100 ▪ 503.224-4133 (facsimile) 

21. 

Time knew or had reason to know and admitted that it knew of Plaintiffs’ ownership and 

use of “The Drive” mark and that Time’s use of the mark in connection with marketing, 

promotion, and online presence would infringe Plaintiffs’ mark in violation of Section 43(a) of 

the Lanham Act, 15 U.S.C. § 1125(a). 

22. 

Time’s actions have caused Plaintiffs irreparable harm and, unless enjoined, Time’s 

actions will continue to cause irreparable harm to Plaintiffs’ business, reputation, and goodwill. 

23. 

As a result of the trademark infringement as described above, Plaintiffs are entitled to 

relief, including injunctive relief, recovery of Time’s profits, actual damages, reasonable royalty, 

enhanced profits, and damages, costs, and reasonable attorney fees pursuant to 15 U.S.C. §§ 

1125(a), 1116, and 1117. 

SECOND CLAIM FOR RELIEF 

(Federal Unfair Competition) 

24. 

Plaintiffs incorporate the allegations of the foregoing paragraphs as though fully set forth 

herein. 

25. 

Time’s use of Plaintiffs’ “The Drive” mark is a false designation of origin, which is likely 

to cause and has caused confusion and mistake, and is likely to deceive and has deceived as to 

the affiliation, connection, or association of Time with Plaintiffs, and of Plaintiffs with Time. 

26. 

Time’s actions as alleged herein constitute the use in commerce of false designations of 

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LANDYE BENNETT BLUMSTEIN LLP

Attorneys at Law 

1300 SW Fifth Avenue, Suite 3500 

Portland, Oregon 97201 

503.224-4100 ▪ 503.224-4133 (facsimile) 

origin and false or misleading descriptions or representations, tending to falsely or misleadingly 

describe and/or represent Time’s services and products as those of Plaintiffs, directly and/or 

secondarily, in violation of 15 U.S.C. § 1125(a), and tending to falsely or misleadingly describe 

and/or represent Plaintiffs’ services, broadcasts, and products as those of Time. 

27. 

These actions have caused Plaintiffs irreparable harm and, unless enjoined, Time’s 

actions will continue to cause irreparable harm to Plaintiffs’ business, reputation, and goodwill. 

28. 

As a result of the unfair competition as described above, Plaintiffs are entitled to relief, 

including injunctive relief, recovery of Time’s profits, actual damages, reasonable royalty, 

enhanced profits, and damages, costs, and reasonable attorney fees pursuant to 15 U.S.C. §§ 

1125(a), 1116, and 1117. 

THIRD CLAIM FOR RELIEF 

(Common Law Trademark Infringement and Unfair Competition) 

29. 

Plaintiffs incorporate the allegations of the foregoing paragraphs as though fully set forth 

herein. 

30. 

Time’s actions as described herein constitute common law trademark infringement and 

unfair competition in violation of the common law of the State of Oregon, and have caused and, 

unless enjoined by this Court, will continue to cause a likelihood of confusion among consumers, 

in addition to injury to Plaintiffs’ valuable reputation and goodwill associated with The Drive 

mark. 

///// 

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LANDYE BENNETT BLUMSTEIN LLP

Attorneys at Law 

1300 SW Fifth Avenue, Suite 3500 

Portland, Oregon 97201 

503.224-4100 ▪ 503.224-4133 (facsimile) 

31. 

These actions have caused Plaintiffs irreparable harm and, unless enjoined, Time’s 

actions will continue to cause irreparable harm to Plaintiffs’ business, reputation, and goodwill. 

32. 

As a result of the common law trademark infringement and unfair competition described 

above, Plaintiffs are entitled to relief, including injunctive relief, recovery of Time’s profits, 

reasonable royalty, actual damages, and costs. 

FOURTH CLAIM FOR RELIEF 

(State Trademark Dilution and Injury to Business Reputation) 

33. 

Plaintiffs incorporate the allegations of the foregoing paragraphs as though fully set forth 

herein. 

34. 

Plaintiffs have expended significant efforts in promoting “The Drive” mark in the State 

of Oregon and nationally, and Plaintiffs’ “The Drive” mark has become a famous, distinctive, 

and well known symbol among automotive enthusiasts, television viewers, video viewers, 

bloggers, podcast listeners, Internet surfers, and radio listeners in Oregon. 

35. 

Time’s use of “The Drive” mark dilutes and is likely to dilute the distinctiveness of the 

“The Drive” mark by undermining an ordinary consumer’s identification of the mark with 

Plaintiffs in violation of ORS 647.107. 

36. 

These actions have caused Plaintiffs irreparable harm and, unless enjoined, Time’s 

actions will continue to cause Plaintiffs irreparable harm and a likelihood of confusion among 

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LANDYE BENNETT BLUMSTEIN LLP

Attorneys at Law 

1300 SW Fifth Avenue, Suite 3500 

Portland, Oregon 97201 

503.224-4100 ▪ 503.224-4133 (facsimile) 

ordinary consumers, in addition to injury to Plaintiffs’ valuable reputation and the goodwill 

associated with The Drive mark. 

37. 

As a result of the dilution and injury to business reputation described above, Plaintiffs are 

entitled to relief, including injunctive relief, recovery of Time’s profits, reasonable royalty, 

actual damages, costs, and reasonable attorney fees pursuant to ORS 647.105 and 647.107. 

FIFTH CLAIM FOR RELIEF 

(Unjust Enrichment) 

38. 

Plaintiffs incorporate the allegations of the foregoing paragraphs as though fully set forth 

herein. 

39. 

In committing the acts alleged herein, Time has willfully and knowingly copied and 

infringed Plaintiffs’ “The Drive” mark for its own purposes and, as a direct and proximate result 

of its improper acts, Time has been unjustly enriched. 

40. 

Plaintiffs have suffered and will continue to suffer loss of business and reputation and 

profits by virtue of Time’s conduct and its improper acts have caused and are continuing to cause 

irreparable injury to the reputation and goodwill that Plaintiffs have established by their use in 

commerce of the mark “The Drive.” 

41. 

Plaintiffs are therefore entitled to an award of Time’s unjust profits and Plaintiffs’ lost 

profits. 

///// 

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LANDYE BENNETT BLUMSTEIN LLP

Attorneys at Law 

1300 SW Fifth Avenue, Suite 3500 

Portland, Oregon 97201 

503.224-4100 ▪ 503.224-4133 (facsimile) 

SIXTH CLAIM FOR RELIEF 

(Declaratory Judgment That Time is Estopped to Deny the Propriety of PTO 

Registration of Plaintiffs’ Mark “The Drive”)

Plaintiffs incorporate the allegations of the foregoing paragraphs as though fully set forth 

herein. 

42. 

Time filed its own Application with the PTO on September 22, 2015, for the mark “The 

Drive,” and therefore Time should be declared by this Court as now permanently and for all 

purposes in all courts and in all administrative proceedings in the United States, including, but 

not limited to pending and future proceedings before the PTO, estopped from having any right to 

object to the uniqueness and propriety of registration of the mark “The Drive” as a 

trademark/Service Mark, including in proceedings related to ERN’s Application filed with the 

PTO on August 11, 2015. Such estoppel against any attempt by Time to object to the uniqueness 

of the mark or the propriety of “The Drive” as a proper mark subject to registration through the 

PTO should be established by this Court by way of Declaratory Judgment, pursuant to 28 U.S.C. 

§2201 et seq. 

43. 

For obtaining such a Declaratory Judgment of permanent estoppel and bar against Time 

regarding any right otherwise held by Time to object to the uniqueness or the propriety of 

registration by one or more Plaintiffs of the mark “The Drive” with the PTO, Plaintiffs should 

recover their reasonable attorney fees and related costs in bringing this action for such a 

Declaratory Judgment. 

PRAYER FOR RELIEF 

WHEREFORE, Plaintiffs pray for the following relief: 

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LANDYE BENNETT BLUMSTEIN LLP

Attorneys at Law 

1300 SW Fifth Avenue, Suite 3500 

Portland, Oregon 97201 

503.224-4100 ▪ 503.224-4133 (facsimile) 

1. A judgment in favor of Plaintiffs requiring Time to account for and pay to 

Plaintiffs all profits wrongfully derived by Time through its unlawful acts set forth herein and 

awarding Plaintiffs actual damages and/or a reasonable royalty, and enhanced profits and 

damages; 

2. An order that Time and all its agents, officers, employees, representatives, 

successors, assigns, attorneys, and all other persons acting for, with, by, through, or under 

authority from Time, or in concert or participation with Time, are enjoined permanently from: 

 (a) using “The Drive” mark or any other copy, reproduction, colorable 

imitation, simulation of Plaintiffs’ “The Drive” mark, or a confusingly similar mark, on or in 

connection with Time’s goods or services; 

 (b) using any trademark, service mark, name, logo, design, or source 

designation of any kind on or in connection with Time’s goods or services that is a copy, 

reproduction, colorable imitation, or simulation of, or confusingly similar to the trademarks, 

service marks, names, or logos of Plaintiffs, except under future valid trademark/service mark 

license agreement, if any, with Plaintiffs; and 

 (c) using any trademark, service mark, name, logo, design, or source 

designation of any kind on or in connection with Time’s goods or services that dilutes, tarnishes, 

or is likely to dilute or tarnish, the distinctiveness of the trademarks, service marks, names, or 

logos of Plaintiffs; 

3. An order enjoining Time from using the domain name www.thedrive.com and 

ordering Time to transfer the domain to Plaintiffs;

4. An award to Plaintiffs of their costs (including expert fees), disbursements, and 

reasonable attorney fees incurred in this action, together with interest, including prejudgment 

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LANDYE BENNETT BLUMSTEIN LLP

Attorneys at Law 

1300 SW Fifth Avenue, Suite 3500 

Portland, Oregon 97201 

503.224-4100 ▪ 503.224-4133 (facsimile) 

interest, pursuant to 15 U.S.C. § 1117, ORS 647.105, 28 U.S.C. §2201 et seq., and the equity 

powers of this Court; 

5. An order directing the PTO to reject Trademark application serial number 

86764811 filed on September 22, 2015, by Time; 

6. An order declaring Time permanently estopped from objecting to Trademark 

application serial number 86721634 filed on August 11, 2015, by Plaintiff ERN and from 

objecting to any other future application for registration of the mark “The Drive” that may be 

filed by one or more Plaintiffs with the PTO for registration of the mark “The Drive;” and 

6. Such other and further relief as the Court finds just and equitable. 

DATED this 9th day of October, 2015. 

LANDYE BENNETT BLUMSTEIN LLP

/s/ Conde T. Cox 

Conde T. Cox, OSB #090977 

ccox@lbblawyers.com

Stuart K. Cohen, OSB #851738 

scohen@lbblawyers.com

Of Attorneys for Plaintiffs 

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LANDYE BENNETT BLUMSTEIN LLP

Attorneys at Law 

1300 SW Fifth Avenue, Suite 3500 

Portland, Oregon 97201 

503.224-4100 ▪ 503.224-4133 (facsimile) 

DEMAND FOR JURY TRIAL

Plaintiffs hereby demand a trial by jury on all issues so triable. 

DATED this 9th day of October, 2015. 

LANDYE BENNETT BLUMSTEIN LLP

/s/ Conde T. Cox 

Conde T. Cox, OSB #090977 

ccox@lbblawyers.com

Stuart K. Cohen, OSB #851738 

scohen@lbblawyers.com

 Of Attorneys for Plaintiffs 

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