Вы находитесь на странице: 1из 9

Case 2:16-cv-00463 Document 1 Filed 04/01/16 Page 1 of 9

1
2
3
4

Bruce A. Kaser
Vantage Law PLLC
420 Front Street S.
Issaquah, WA 98027
Telephone: (425) 391-8741
Facsimile: (425) 391-8754
bruce@vantagelaw.net

5
6
7
UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

9
10
11
12
13
14

RYANS HOUSE FOR YOUTH,


Plaintiff,

Case No.
COMPLAINT FOR DECLARATORY
RELIEF (TRADEMARK
INFRINGEMENT)

v.
RYANS HOUSE,

15

Defendant.

JURY TRIAL DEMANDED

16
17

Plaintiff Ryans House For Youth alleges as follows:


I.

18
19

1.

PARTIES, JURISDICTION, AND VENUE

Plaintiff Ryans House For Youth (Plaintiff or RHWI) is a non-profit corporation

20

organized and existing under the laws of the state of Washington, having a principal place of

21

business at 1832 Scott Rd., C-5, Freeland, Washington 98249.

22

2.

Defendant Ryan House (Defendant or RHA) is a non-profit corporation

23

organized and existing under the laws of the state of Arizona, having a principal place of business at

24

110 West Merrell Street, 1st Floor, Phoenix, Arizona 85013-4500.

25

3.

26

grounds:

This Court has jurisdiction over the subject matter of this action on the following

COMPLAINT - 1

Case 2:16-cv-00463 Document 1 Filed 04/01/16 Page 2 of 9

1
2

(a) 28 U.S.C. 1331, this being a civil action arising under the laws of the United States;
(b) 28 U.S.C. 1338, this being a civil action arising under an Act of Congress relating to

3
4

trademark rights; and


(c) 28 U.S.C. 2201-2, because an actual and justiciable controversy exists concerning the

5
6
7
8
9
10

trademark rights of, and legal relations between, RHWI and RHA.
4.

Personal jurisdiction over RHA is proper because RHA is asserting that it has an

exclusive federal trademark right in the state of Washington; and RHA is alleging that RHAs
trademark right is being infringed in the state of Washington.
5.

Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 because a

substantial portion of the events or omissions giving rise to the claim occurred in this district.

11
12

II.
6.

FACTS

Plaintiff Ryans House for Youth (RHWI) was founded by the friends and family

13

of Ryan Busche and is named in his memory. Mr Busche and his wife died in an Alaska Airlines

14

plane crash off the coast of California in year 2000 (the Flight 261 plane crash).

15
16
17

7.

Mr Busche was a Microsoft employee who valued education and took an active

interest in the problems of the homeless.


8.

Friends and family of Mr. Busche developed the concept for RHWI beginning in year

18

2000, shortly after the Flight 261 plane crash. RHWI eventually became an official 501(c)3 Non-

19

Profit Organization in January 2010.

20

9.

RHWI is based on Whidbey Island, in the state of Washington. RHWIs operations

21

focus on providing various services to homeless and at-risk youth who live on Whidbey Island.

22

RHWI provides no services off of Whidbey Island.

23

10.

It is estimated that Whidbey Island has over 100 students enrolled in local Whidbey

24

schools who are homeless.

25

environments that are linked to alcohol, drug, and other kinds of problems. These homeless students

26

often live on the couches and floors of friends and relatives, in vehicles, or even in tents on Whidbey
COMPLAINT - 2

In large part, these students are homeless because of poor home

Case 2:16-cv-00463 Document 1 Filed 04/01/16 Page 3 of 9

1
2
3
4
5
6
7
8
9
10
11
12

Island. Other than RHWI, Whidbey Island presently lacks support resources for younger students
who fall in this category.
11.

RHWI helps homeless students with academics, adult support and mentoring, food

and clothing, medical care, legal help, and a safe place to sleep at night. RHWIs services are
provided for free.
12.

RHWI is able to operate because of financial and other donations, along with the help

of people who donate time for free. RHWI presently uses donated or leased space on Whidbey
Island. However, RHWI is seeking to raise $600,000 to purchase a building on Whidbey Island that
will be used as a permanent facility for providing RHWI services on Whidbey Island.
13.

Defendant Ryan House (RHA) was founded by an Arizona family in the name of

their son, Ryan Cottor.


14.

Ryan Cottor was born with a life-limiting disease, Spinal Muscular Atrophy. While

13

living in England, he and his family were referred to a pediatric palliative care home (called

14

Helen House) that provides support for families with children who are terminally ill or have other

15

serious, life-limiting diseases. Upon the familys return to Arizona, they realized there were no

16

similar services available. Therefore, they founded Ryan House in the Phoenix area, named after

17

their son.

18

15.

With Arizona community help, and charitable contributions from local organizations

19

like Hospice of the Valley, St. Josephs Hospital, and the Junior League of Phoenix, RHA was

20

granted status as a 501(c)3 Non-Profit Organization in 2004 and opened its doors in March 2010.

21

16.

RHA provides respite care (family breaks from the stress of round the clock home

22

care); pediatric palliative care (quality of life enhancement); therapeutic activities; and pediatric end-

23

of-life care.

24

17.

RHA operates out of a 12,500 square foot home in Phoenix. The Phoenix home

25

includes eight themed childrens bedrooms, three family suites, and specialized rooms that are

26

dedicated to art, music, sensory stimulation, relaxation and fun.


COMPLAINT - 3

Case 2:16-cv-00463 Document 1 Filed 04/01/16 Page 4 of 9

1
2
3
4
5
6
7
8
9
10
11
12
13
14

18.

On April 7, 2008, RHA applied for a U.S. Trademark Registration (Reg. No.

77442135) for the service mark Ryan House for pediatric palliative care services.

The

Trademark Registration was granted to RHA on November 11, 2008.


19.

RHA is the only organization of its kind in the American Southwest and only one of

two of its kind in the entire United States. RHAs services are provided at no cost to families. RHA
funds operations from donations and Arizona fund raising events.
20.

In or about May-June 2011, the then-director of RHA in Arizona alleged that RHWIs

use of Ryans House to identify its charitable series on Whidbey Island was an infringement of
RHAs exclusive trademark right to use Ryan House. According to the then-director of RHA,
RHWIs use of Ryans House for a charity for homeless children on Whidbey Island was likely to
be confused with Ryan House for a charity that provided care services in Phoenix to children with
life-limiting or terminal diseases. The then-director alleged that RHAs trademark registration
trumped RHWIs right to use Ryan Busches name in connection with the Whidbey Island charity.
21.

RHWI responded by telling the then-director of RHA that RHWI was unaware of any

15

actual confusion, but would take steps to avoid confusion, if any instances of confusion actually

16

arose. Among other things, RHWI indicated to the director of RHA that RHWI would take steps to

17

promote the Whidbey Island charity as Ryans House for Youth, including use of the URL

18

www.ryanshouseforyouth.com for the RHWI website. The director of RHA responded that it would

19

be run by RHAs attorney for approval. RHA was never heard from again.

20
21
22

22.

Over the last 5 years, RHWI has grown as a charity, promoting Ryans House For

Youth, and occasionally, it is locally referred to in the shortened form Ryans House.
23.

When a little extra funding became available, in 2013, RHWI applied for and was

23

granted a Washington State Trademark Registration for an updated logo depicting the words

24

Ryans House in large letters above the words For Youth (in smaller letters) for services that

25

involved assisting homeless and at-risk youth find shelter, food, clothing as they complete their

26

education.
COMPLAINT - 4

Case 2:16-cv-00463 Document 1 Filed 04/01/16 Page 5 of 9

1
2
3
4
5
6
7
8
9
10
11
12

24.

From the time (2011) RHWI was threatened by RHA until the present, RHWI used

Ryans House for Youth and Ryans House to create an outreach van program on Whidbey
Island; a drop-in center for homeless youth; a host home program on Whidbey Island for children
and homeless youth up to ages 24; community mediation and wrap around services for local
Whidbey Island families and youth; and, as alleged above, RHWI is now seeking funding for a
permanent drop-in center on Whidbey Island. RHWI is also working on a transitional housing
program for youth aged 18-24.
25.

Other than having been threatened with trademark infringement by RHA in 2011, at

no time has RHWI experienced any known instances of confusion by members of the public or
misdirected donations that may have been intended for RHA. RHWI has not heard from or heard
about RHA during that time, until March 24, 2016.
26.

From 2011 until the present date (April 1, 2016), both charities continued to do good

13

work in their respective regions with RHWI doing tremendous good for homeless kids on

14

Whidbey Island; and RHA likewise doing tremendous good for seriously ill kids in the Phoenix area.

15
16
17

27.

Then, on March 24, 2016, uncharitable lawyers entered the picture, intent on making

things difficult for everyone.


28.

On March 24, 2016, RHWI received an emailed letter from RHAs attorneys that

18

overtly threatened RHWI with a trademark infringement and unfair competition lawsuit under the

19

Federal Lanham Act, specifically, 15 U.S.C. 1114 and 1125(a). Among other things, they said

20

RHWIs activities on Whidbey Island constitutes trademark infringement.

21

29.

According to RHAs attorneys, they just now discovered RHWIs existence. They

22

also allege that RHA is well known for trademark purposes throughout the United States. And

23

that RHA is funded 100% by donations so protecting its reputation and name recognition is critical

24

to its ability to successfully serve its mission. They also complained that the size of the lettering

25

used by RHWI for Ryans House was too large relative to the words For Youth on a T-shirt that

26

RHWI gives to any donor who contributes $200 or more to the Whidbey Island charity.
COMPLAINT - 5

Case 2:16-cv-00463 Document 1 Filed 04/01/16 Page 6 of 9

1
2
3
4
5
6
7
8
9
10
11
12

30.

RHAs attorneys gave RHWI exactly eight (8) days to Permanently cease and desist

from any further use of Ryans House or any variant of the Ryan House Mark or name. Among
the more specific requirements, RHWI was given until no later than 5:00 p.m. PST on April 1,
2016 to Permanently cease and desist from marketing or promoting the name Ryans House or
any variant of the Ryan House Mark or name in your marketing materials, advertisements, signage,
Facebook page, Website and any other print media, and cease use of any domain name incorporating
Ryans House. Otherwise, RHAs attorneys would have no choice but to sue RHWI. They also
suggested the potential for punitive damages that is, a jury would punish a charity that helps
homeless kids on Whidbey Island.
31.

RHAs attorney threat to punish RHWI apparently arose from a recent professional

golf tournament in the Phoenix area (the Phoenix Open).


32.

According to RHAs attorneys, A recent example [of confusion] occurred during the

13

2016 Waste Management Phoenix Open when Ryan House, who was one of the charities eligible to

14

receive donations from the Birdies for Charities event, was mistakenly linked by Phoenix Open

15

event planners to your website, Ryans House for Youth.

16

33.

Birdies for Charity is a promotional activity that encourages local Arizona charities

17

to use the Phoenix Open as a way of soliciting sponsors. The Birdies for Charity promotion is run

18

by The Thunderbirds out of Phoenix, Arizona. The Thunderbirds is a civic organization in

19

Phoenix that sponsors the Phoenix Open. The Thunderbirds also have a charitable arm that benefits

20

local Phoenix charities and has been a Phoenix donor to RHA.

21

34.

Birdies for Charity encourages local Arizona charities to solicit pledges of one penny

22

or more for every birdie that is made by PGA Tour players during the Phoenix Open.

23

Thunderbirds collect and distribute the pledge money directly to the charity that solicits the pledge.

24
25

35.

The

The Thunderbirds have a website that lists approximately 150 local Arizona charities

that have benefitted from the Phoenix Open, including RHA. The Thunderbirds also have a point

26
COMPLAINT - 6

Case 2:16-cv-00463 Document 1 Filed 04/01/16 Page 7 of 9

1
2
3
4
5
6
7
8
9
10
11
12

and click link to each charity named on the list that could serve to direct a person to the charitys
website.
36.

RHA apparently solicited pledges for birdies made at the Phoenix Open and RHA

was apparently paid by The Thunderbirds for RHAs solicited pledges.


37.

However, someone at The Thunderbirds erroneously entered the URL for RHWI (i.e.,

www.ryanshouseforyouth.org) on the website maintained by The Thunderbirds in lieu of the URL


for RHA (i.e., www.ryanhouse.org). This meant that, if someone happened to click on the link on
The Thunderbirds website, they would have been directed to the RHWI website. It is not known
how many people clicked on the link, if any. However and whenever the error was discovered, it
was apparently corrected before RHAs attorneys threatened RHWI with trademark infringement.
38.

No harm was done, however, because RHWI does not fund raise in Arizona and did

not receive any donations from The Thunderbirds or benefit from the Phoenix Open in any

13

identifiable way.

14

mislead donors; and they implied that donations would be wrongly directed to RHWIs capital

15

campaign so that RHWI could build its permanent drop-in center on Whidbey Island.

16

39.

Nevertheless, RHAs attorneys alleged that RHWI is likely to significantly

Unfortunately, the parties hereto now have an immediate justiciable controversy

17

because RHWI was given eight (8) days to avoid suit by discontinuing further use of the first name

18

of a person, as a memorial to him, in connection with running a local charity on Whidbey Island that

19

is not likely to be confused with an Arizona charity that offers a different set of services.

20
21
22
23

40.

RHAs allegations and demands create a clear threat and reasonable apprehension, on

RHWIs part, that RHA is about to sue RHWI for trademark infringement.
41.

The parties respectfully request the assistance of this Court in resolving the present

controversy.

24
25
26
COMPLAINT - 7

Case 2:16-cv-00463 Document 1 Filed 04/01/16 Page 8 of 9

1
2
3
4
5
6
7
8
9
10
11
12
13
14

III.

CLAIMS FOR RELIEF

A.

FIRST CLAIM FOR RELIEF NON INFRINGEMENT OF TRADEMARK

42.

RHWI incorporates by reference all of the paragraphs set forth above.

43.

This is a declaratory judgment action under the Trademark Laws of the United States,

15 USC 1051 et seq., the Lanham Act, 15 U.S.C. 1125, et seq. and the Declaratory Judgment
Act, 28 U.S.C. 2201 and 2202. Plaintiff seeks relief from this Court because an actual justiciable
controversy exists by way of the credible threat of immediate litigation (specifically, threats of
litigation based on 15 U.S.C. 1114 and 1125(a)) and demand to cease and desist use of Plaintiffs
name Ryans House For Youth.
44.

Plaintiff is entitled to declaratory judgment that it has not and is not infringing

Defendants trademark, and is not liable for infringing any allegedly enforceable trademark rights
owned by Defendant.
45.

Plaintiff is also entitled to declaratory judgment that Plaintiffs use of Ryans House

15

For Youth and variants thereof are not likely to be confused with Defendants use of Ryan House

16

given the different nature of the services provided by each party.

17
18

46.

Plaintiff is also entitled to declaratory judgment that Defendant should be barred from

or has waived trademark rights as against the Plaintiff.

19
20
21
22
23
24

PRAYER FOR RELIEF


WHEREFORE, Plaintiff seeks judgment awarding it the following relief:
(a)

An order declaring that Plaintiff has not infringed any valid,

distinctive and enforceable trademark rights owned by Defendant;


(b)

An order declaring that Defendant is barred from asserting

trademark rights against Plaintiff for reasons relating to delay; and

25
26
COMPLAINT - 8

Case 2:16-cv-00463 Document 1 Filed 04/01/16 Page 9 of 9

1
2

(c)

An order awarding such other and further relief as this Court deems

just and proper.

3
4

DATED this 1st day of April, 2016.

/s/ Bruce A. Kaser


Bruce Kaser
Vantage Law PLLC
420 Front Street S.
Issaquah, WA 98027
Telephone: (425) 391-8741
Facsimile: (425) 391-8754
Email: bruce@vantagelaw.net
Attorney for Plaintiff

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
COMPLAINT - 9

Вам также может понравиться