David S. Aman, OSB No.

962106
Direct Dial: 503.802.2053
Fax: 503.972.3753
E-Mail: david.aman@tonkon.com
Eric C. Beach, OSB No.1 05783
Direct Dial: 503.802.2182
Fax: 503.972.3882
E-Mail: eric.beach@tonkon.com
TONKON TORP LLP
1600 Pioneer Tower
888 S. W. Fifth Avenue
Portland, OR 97204
Attorneys for Plaintiff Laika, Inc.
UNITED STATES DISTRlCT COURT
DISTRlCT OF OREGON
LAIKA, INC.
G'Ian- 111 3'I HU I
Plaintiff, COMPLAINT
(Dilution; Trademark Infringement;
v. Unfair Competition)
HONESTECH, INC., AND HONEST
TECHNOLOGY CO., LTD., mRY TRIAL DEMANDED
Defendants.
Plaintiff Laika, Inc. ("Plaintiff' or "Laika") alleges as follows:
PARTIES
1. Plaintiff Laika is a corporation duly organized and existing under the laws
of the State of Oregon, with its corporate offices and principal place of business in Hillsboro,
Oregon.
Page 1 - COMPLAINT
Case 3:11-cv-01434-HU Document 1 Filed 11/28/11 Page 1 of 9 Page ID#: 1


2. Defendant Honestech, Inc., aka Honest Technology, is a corporation duly
authorized and existing under the laws of the State of Delaware.
3. Defendant Honest Technology Co., Ltd. is, on information and belief, a
corporation duly authorized and existing under the laws of the Republic of Korea.
JURISDICTION AND VENUE
4. This Court has jurisdiction under 28 U.S.C. 1331 and 1338(a) and (b)
because it involves claims arising under the Lanham Act of1946, 15 U.S.C. 1051 et seq. This
Court has supplemental jurisdiction over this action pursuant to 28 U.S.C. 1367.
5. Venue is proper in this judicial district under 28 U.S.c. 1391.
NATURE OF THE CASE
6. This is an action for trademark dilution, trademark infringement and unfair
competition under state and federal law. Laika has actively promoted and sold, for at least 30
years and throughout the world, digital video disks and other media featuring Laika's animation
content, as well as Laika's full-service animation services. Through its use of the
CLA YMA TION mark, Laika has established valuable trademark rights and goodwill in its
trademarks throughout the world.
7. Laika is the owner of numerous trademark and service mark registrations
in the United States and throughout the world for CLA YMATION. Defendants are using the
name "CLA YMA TION STUDIO" to promote stop-motion animation software and related media
in violation of Plaintiffs rights in the CLA YMATION mark. Plaintiff brings this action to
enjoin Defendants from using the name "CLA YMATION," "CLA YMA nON STUDIO," or any
other name that is confusingly similar to the CLA YMA nON mark. Plaintiff also seeks damages
and attorney fees for Defendants acts of dilution, infringement, and unfair competition.
Page 2 - COMPLAINT
Case 3:11-cv-01434-HU Document 1 Filed 11/28/11 Page 2 of 9 Page ID#: 2


COMMON FACTUAL ALLEGATIONS
8. Since approximately 1978, Laika and its predecessor-in-interest have
continuously used the CLA YMA TION mark to promote Laika's full service animation services.
Since no later than 1987, Laika and its predecessor-in-interest have continuously used the
CLAYMA TION mark to promote media featuring Laika's animation content, as well as Laika's
full-service animation services, throughout the United States and internationally. Laika currently
holds the following United States and international trademark and service mark registrations for
CLAYMATION:
Mark
CLAYMATION
CLAYMATION
CLAYMATION
CLAYMATION
CLAYMATION
CLAYMATION
CLAYMATION
CLAYMATION
CLAYMATION
CLAYMATION
CLAYMATION
CLAYMATION
CLAYMATION
CLAYMATION
CLAYMATION
CLAYMATION
CLAYMATION
CLAYMATION
CountrY
United States
Australia
Austria
Benelux
Brazil
Canada
France
Germany
Hong Kong
Indonesia
Italy
Japan
Mexico
Singapore
South Korea
Spain
S wi tzerland
United Kingdom
Regi$trgtiQ,n NoM
1780261; 1824170; 1160358
457990
116471
432951
813429714;813429730
TMA342849
1484225
1115205
19891270AJ\; 199705721
150125; 150126
760074
3004962
408809;395670
T87/00034G; T87100031 B;
S/T94/01074C
153188; 149937;7937
1175931; 1175933; 1175934;
1175935
352435
1297920
The registrations in the United States for CLA YMA TION listed above (the "U.S.
Registrations") have become incontestable pursuant to Sections 15 and 33(b) ofthe Lanham Act,
15 U.S.C. 1065 and 1115(b).
Page 3 - COMPLAINT
Case 3:11-cv-01434-HU Document 1 Filed 11/28/11 Page 3 of 9 Page ID#: 3


9. Laika has sold and continues to sell its products and services under the
CLA YMA TION mark throughout the United States and has promoted, and continues to promote,
the CLA YMA TION mark through the advertising and sale of its products and services.
10. As a result of Laika's significant use and promotion of the
CLAYMATION mark, the mark has acquired a distinctiveness and secondary meaning among
consumers in the United States and internationally. Laika now owns valuable goodwill in the
CLA YMA TION mark, and the mark has become famous among the consuming public.
11. Defendants have been marketing and selling their products in interstate
commerce, including using the name "CLAYMATION."
12. By virtue of the U.S. Registrations, Defendants were put on constructive
notice of Laika's rights in the CLAYMATION mark prior to Defendants' use of the
"CLA YMATION" name. Defendants also had actual notice of Laika's use of the
CLAYMATION mark prior to adopting the "CLAYMATION" name to market and sell their
products.
13. Defendants have refused to cease using the name "CLA YMATION"
despite Laika's demands that they do so.
CLAIMS FOR RELIEF
FIRST CLAIM FOR RELIEF
(Federal Trademark Dilution-15 U.S.C. 1125(C
14. Plaintiff realleges all of the preceding paragraphs.
15. Plaintiffs CLA YMA TION mark is distinctive and famous.
16. Defendants are using the "CLAYMATION" name in commerce.
Page 4- COMPLAINT
Case 3:11-cv-01434-HU Document 1 Filed 11/28/11 Page 4 of 9 Page ID#: 4


17. Defendants' use of the "CLA YMATION" name began long after Plaintiffs
use of the CLAYMATION mark.
18. Defendants' use of the "CLA YMATION" name is likely to cause dilution
by blurring or tamishment.
19. Plaintiff is entitled to a preliminary and permanent injunction against
Defendants' use of the "CLA YMA TION" name.
20. Plaintiff is further entitled to recover all damages it has sustained, all
damages it continues to sustain, and any benefit or profit that Defendants have derived from their
infringement. Alternatively, Plaintiff is entitled to recover a reasonable royalty on any and all
infringing sales.
21. Because Defendants' acts of infringement are willful, Plaintiff is entitled to
an award of treble damages.
22. Plaintiff is entitled to recover its attorney fees because this is an
exceptional case pursuant to 15 U.S.C. 1117(a).
SECOND CLAIM FOR RELIEF
(Violation of the Lanham Act-IS U.S.c. 1114(1
23. Plaintiff realleges all of the preceding paragraphs.
24. Defendants' use of the name "CLA YMA TION" is likely to cause
confusion, mistake, or deception in that persons are likely to believe that the products Defendants
market and sell are in some way connected with, sponsored by, approved by, or endorsed by
Plaintiff. Defendants' use of the name "CLA YMATION" violates 15 U.S.c. 1114(1).
Page 5 - COMPLAINT
Case 3:11-cv-01434-HU Document 1 Filed 11/28/11 Page 5 of 9 Page ID#: 5


25. Plaintiff has been and will continue to be irreparably harmed by
Defendants' acts of infringement. Plaintiff is entitled to a preliminary and permanent injunction
prohibiting Defendants from further acts of infringement.
26. Plaintiff is entitled to recover all damages it has sustained, all damages it
continues to sustain, and any benefit or profit that Defendants have derived from their
infringement. Alternatively, Plaintiff is entitled to recover a reasonable royalty on any and all
infringing sales.
27. Because Defendants' acts of infringement are willful, Plaintiff is entitled to
an award of treble damages.
28. Plaintiff is entitled to recover its attorney fees because this is an
exceptional case pursuant to 15 U.S.C. 1117(a).
THIRD CLAIM FOR RELIEF
(Violation ofthe Lanham Act- 15 U.S.c. 1125(a)
29. Plaintiff realleges all preceding paragraphs.
30. As a result of Plaintiffs use and promotion of the CLA YMA nON mark,
the mark has enjoyed considerable goodwill and secondary meaning as associated with Plaintiff.
31. Defendants' use of the "CLA YMA nON" name tends to falsely represent
that Defendants are connected with Plaintiff. It is also likely to cause confusion, mistake, or
deception as to the affiliation, sponsorship, or approval of Defendants' business by Plaintiff.
Defendants' use of the name "CLA YMATION" violates 15 U.S.c. 1125(a)(I).
32. Plaintiff has been and will continue to be irreparably harmed by
Defendants' wrongful use of the "CLA YMA TION" name. Plaintiff is entitled to a preliminary
Page 6- COMPLAINT
Case 3:11-cv-01434-HU Document 1 Filed 11/28/11 Page 6 of 9 Page ID#: 6


and permanent injunction prohibiting Defendants from any further use of the "CLA YMAnON"
name.
33. Plaintiff is entitled to recover all damages it has sustained, all d a ~ a g e s it
continues to sustain, and any benefit or profit that Defendants have derived from their
infringement. Alternatively, Plaintiff is entitled to recover a reasonable royalty on any and all
infringing sales.
34. Because Defendants' acts of infringement are willful, Plaintiff is entitled to
an award of treble damages.
35. Plaintiff is entitled to recover its attorney fees because this is an
exceptional case pursuant to 15 U.S.C. 1117(a).
FOURTH CLAIM FOR RELIEF
(Common Law Trademark Infringement)
36. Plaintiff realleges all preceding paragraphs.
37. Defendants have infringed the CLA YMATION mark in violation of
Plaintiffs common law trademark rights.
38. Plaintiff has been and will continue to be irreparably harmed by
Defendants' wrongful use of the "CLA YMA nON" name. Plaintiff is entitled to a preliminary
and permanent injunction prohibiting Defendants from any further use of the "CLA YMA nON"
name.
39. Plaintiff is entitled to recover all damages it has sustained, all damages it
continues to sustain, and any benefit or profit that Defendants have derived from their
infringement. Alternatively, Plaintiff is entitled to recover a reasonable royalty on any and all
infringing sales.
Page 7- COMPLAINT
Case 3:11-cv-01434-HU Document 1 Filed 11/28/11 Page 7 of 9 Page ID#: 7


FIFTH CLAIM FOR RELIEF
(Common Law Unfair Competition)
40. Plaintiffrealleges all preceding paragraphs.
41. Defendants' conduct constitutes common law unfair competition.
42. Plaintiff has been and will continue to be irreparably harmed by
Defendants' wrongful use of the name "CLA YMATION." Plaintiff is entitled to a preliminary
and permanent injunction prohibiting Defendants from any further use of the "CLAYMATION"
name.
43. Plaintiff is entitled to recover all damages it has sustained, all damages it
continues to sustain, and any benefit or profit that Defendants have derived from their
infringement. Alternatively, Plaintiff is entitled to recover a reasonable royalty on any and all
infringing sales.
WHEREFORE, Plaintiff prays for judgment in its favor and against Defendants as
follows:
A. Permanently and preliminarily enjoining Defendants and all others in
active concert or participation with Defendants from:
(i) selling, offering for sale, advertising, or promoting for sale any of
products using the name "CLA YMATION," "CLA YMATION STUDIO," or any other name that
is confusingly similar to the CLAYMATION mark;
(ii) filing or prosecuting any applications for state or federal
trademark, service mark, or trade name registration for any mark or trade name for
"CLAYMATION," or "CLA YMATION STUDIO," or for any other mark or trade name that is
confusingly similar to the CLAYMATION mark;
Page 8 - COMPLAINT
Case 3:11-cv-01434-HU Document 1 Filed 11/28/11 Page 8 of 9 Page ID#: 8


(iii) doing any other act or thing that is likely to induce the belief that
Defendants' products are in some way connected with Plaintiff or that is likely to diminish the
distinctiveness of the CLA YMATION mark.
B. Ordering Defendants to destroy all advertising, brochures, and other material
in their possession or under their control which contains the term "CLA YMA TION."
C. Ordering Defendants to account for and pay over to Plaintiff all profits
derived from Defendants' use of the name "CLAYMATION";
D. Awarding Plaintiff actual damages caused by Defendants' infringement,
along with treble damages pursuant to 15 U.S.C. 1117;
E. Awarding Plaintiff the costs and disbursements incurred in this action,
along with reasonable attorney fees;
F. A warding Plaintiff prejudgment interest on any damages awarded; and,
G. Granting such other and further relief as the Court deems is just and
equitable.
DEMAND FOR JURY TRIAL
Plaintiff demands trial by jury on all issues set forth in this Complaint.
DATED this of November, 2011.
__ ____________
David S. Arnao, OSB # 96210
Direct Dial: 503.802.2053
Eric C. Beach, OSB No. 105783
Direct Dial: 503.802.2182
Attorneys for Plaintiff Laika, Inc.

Page 9 - COMPLAINT
Case 3:11-cv-01434-HU Document 1 Filed 11/28/11 Page 9 of 9 Page ID#: 9
*JS44 (Rev. 12/07)
CIVIL COVER SHEET
The JS44civil cover sheet andtheinformationcontained herein neither replace norsupplement thefiling andserviceofpleadings orother papers asrequired bylaw, except asprovided
bylocal rules ofcourt This form, approvedbymeJludicjaHTonferenpeot the United States inSeptember 1974, isrequired forthe use oftne Clerk ofCourt forthe purpose ofinitiating
the Civil docket Sheet. (SEE INSTRUCTIONS ONTHE REVERSE OFTHE FORM.)
I. (a) PLAINTIFFS
LAIKA, INC.
(b) County ofResidence ofFirst Listed Plaintiff Washington Co., OR
(EXCEPT IN U.S. PLAINTIFF CASES)
DEFENDANTS lBg8NQV'li 16ggUSl)C-0RP
HONESTECH, INC. and HONEST TECHNOLOGY CO., LTD.
County ofResidence ofFirst Listed Defendant New Castle County, DE
(TNU.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED.
(c) Attorney's (Firm Name, Address, and Telephone Number)
Tonkon Torp LLP, 888 SW Fifth Ave. #1600, Portland, Or 97204
Attorneys (If Known)
CV11-143*
HU.
II. BASIS OF JURISDICTION (Place an"X"inOne Box Only)
O 1 U.S. Government
Plaintiff
H 3 FederalQuestion
(U.S. Government Not a Party)
III. CITIZENSHIP OF PRINCIPAL PARTIES(Pkce an "X" inOne Box for Plaintiff
(For DiversityCases Only) andOne Boxfor Defendant)
PTF DEF PTF DEF
1 O 1 Incorporated orPrincipalPlace O 4 04
of Business In This State
O 2 O 2 IncorporatedandPrincipalPlace O 5 OS
ofBusiness In Another State
2 U.S. Government
Defendant
O 4 Diversity
(Indicate Citizenshipof Parties in ItemHI)
Citizen of This State
Citizen of Another State
O 3 3 Foreign Nation O 6 O 6 Citizen or Subject of a
Foreign Country
IV. NATURE OF SUIT (Place an "X" in One Box Onhr)
O 110 Insurance PERSONAL INJURY PERSONAL INJURY 610 Agriculture O 422Appeal 28USC 158 O 400 Stile Reapportionment
O 120 Marine a 310 Airplane a 362 PersonalInjury - 620 OtherFood& Drug O 423 Withdrawal a 410 Antitrust
O 130 Miller Act a 315 Airplane Product Med. Malpractice 625 Drug Related Seizure 28 USC 157 a 430 Banks and Banking
O 140Negotiable Instrument
150Recovery ofOverpayment
&Enforcement ofJudgment
a
Liability
320 Assault, Libel &
Slander
a
a
365 PersonalInjury -
Product Liability
368 Asbestos Personal
of Property 21 USC 881
630 Liquor Laws
O 640R.R.&Truck
a
a
a
450 Commerce
460 Deportation
470 Racketeer Influenced and O 820 Copyrights
O 151 Medicare Act a 330 Federal Employers' Injury Product O 650 Airline Regs. O 830 Patent CorruptOrganizations
O 152Recovery of Defaulted Liability Liability 660 Occupational 9 840 Trademark a 480 Consumer Credit
Student Loans a 340 Marine PERSONAL PROPERTY Safety/Health a 490 Cable/Sat TV .
(ExcL Veterans)
153Recovery ofOverpayment
ofVeteran's Benefits
a
a
345 Marine Product
Liability
350 Motor Vehicle
O
a
370 Other Fraud
371 Truth in Lending
380 Other Personal
O 690 Other a 810 Selective Service
850 Securities/Commodities/
Exchange 710 Fair Labor Standards O 861HIA(1395ff)
a 160 Stockholders'Suits a 355 Motor Vehicle PropertyDamage Act 862 Black Lung (923) a 875 Customer Challenge
a 190 Other Contract ProductLiability a 385 Property Damage 720 Labor/Mgmt Relations O 863 DIWC/DIWW (405(g)) 12 USC 3410
O 195ContractProductLiability a 360 Other Personal Product Liability O 730 Labor/MgmtReporting O 864 SSID Title XVI a 890 Other Statutory Actions
O 196 Franchise Injury & Disclosure Act
740 Railway Labor Act
O 790 Other Labor Litigation
O 865 RSI (405(g)) a
a
891 Agricultural Acts
892 Economic Stabilization Act
893 Environmental Matters O 210 Land Condemnation a 441 Voting a 510 Motions to Vacate O 870 Taxes (U.S. Plaintiff
O 220 Foreclosure a 442 Employment Sentence 791 Empl. Ret Inc. or Defendant) a 894 Energy Allocation Act
a 230 Rent Lease & Ejectment a 443 Housing/ Habeas Corpus: Security Act O 871 IRSThird Party a 895 Freedom of Information
O 240 Torts to Land
a 245 Tort Product Liability
O 290 All Other Real Property
a
a
Accommodations
444 Welfare
445 Amer. w/Disabilrties -
3
3
3
530 General
535 Death Penalty
540 Mandamus & Other
26 USC 7609
a
Act
900Appeal of Fee Determination
Under Equal Access O 462 Naturalization Application
Employment 3 550 Civil Rights 463 Habeas Corpus - to Justice
a 446 Amer. w/Disabilities -
Other
0 555 Prison Condition Alien Detainee
O 465 Other Immigration
a 950 Constitutionalityof
State Statutes
a 440 Other Civil Rights Actions
V. ORIGIN
SI Original O 2 Removedfrom
Proceeding State Court
(Place an "X" in One Box Only)
Transferred from
Appeal to District
a 3 Remanded from O 4 Reinstated or O 5 a'^l!?iSJ?m D6 Multidistrict O 7 SlSfJ?^
Appellate Court Reopened ?S2?S,f Litigation Magistrate
fanccJM
Ju^ffnenl
VI. CAUSE OF ACTION
^^W^^^fli^^M^lA^1"^^^
statutes unless diversity):
Brief description ofcause:
Dilution, Trademark Infringement; Unfair Competition
VII. REQUESTED IN O CHECKIFTHIS ISACLASS ACTION DEMANDS
COMPLAINT: UNDERF.R.C.P. 23
VIII. RELATED CASE(S)
IF ANY
DATE
*Ar ///
FOR OFFICE USE ONLY
RECEIPT* AMOUNT
(See instructions):
JUDGE
SIGNATURE OJ
z?
APPLYING IFP
ORNEY OF RECORD
JUDGE
CHECK YES only if demandedin complaint
JURY DEMAND: flf Yes O No
DOCKET NUMBER
MAG. JUDGE
Case 3:11-cv-01434-HU Document 1-1 Filed 11/28/11 Page 1 of 1 Page ID#: 10