Case 6:16-cv-01667-TC

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Filed 08/17/16

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CROWELL LAW
Carl D. Crowell, OSB No. 982049
email: carl@crowell-law.com
P.O. Box 923
Salem, OR 97308
(503) 581-1240
Of attorneys for plaintiff
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
EUGENE DIVISION
ISA CORPORATION,

Case No.:6:16-cv-01667

Plaintiff,
v.

COMPLAINT
TRADEMARK INFRINGEMENT

DOUBLE DEEKS, LLC, and

APPROVED GRAPHICS DESIGN, LLC,

JURY TRIAL REQUESTED

Defendants.

ISA Corporation (ISA) complains and alleges as follows:

INTRODUCTION
1.

This is an action for infringement of ISAs registered trademark DEEKS, Reg. No.

3,018,530 for use with hunting decoys. The original DEEKS decoys were manufactured by Mr.
John Feusner, Sr., over 70 years ago by his company Intermountain Rubber Company. In the
late 1960s the company then called Deeks, Inc., applied for and registered the distinctive
trademark name DEEKS. Reg. 903,419. In the 1970s Mr. Feusners son, John Feusner, Jr. took
over and production is now though ISA Corporation of Salem, Oregon, still run and managed by
the Feusner family and the mark is now registered to ISA. Reg. No. 3,018,530.

COMPLAINT

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2.

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Defendants Double Deeks, LLC and Approved Graphics Design, LLC, produce a

competing duck decoy marked and marketed under the confusingly similar and infringing
DOUBLE DEEKS name in direct violation of ISAs rights and expressly trading on ISAs
famous DEEKS name and goodwill for quality hunting decoys.

JURISDICTION AND VENUE

3.

This is an action for trademark infringement and unfair competition arising under the

Trademark Act, 15 U.S.C. 1114 and 1125.

4.

This court has jurisdiction over the subject matter of this action pursuant to 15 U.S.C.

1121 and 28 U.S.C 1338(a), in that this is a civil action arising under the Trademark Act.
5.

This court has jurisdiction over the defendants for one or more of the following reasons:
a. The defendants do business nationwide and purposely avail themselves of and
market to and transact with the citizens of Oregon, selling products in this state.
b. With knowledge of the specific harm to be caused ISA in Oregon one or more of
the defendants took action to infringe ISAs rights and cause ISA harm.
c. The defendants placed goods into commerce with full knowledge of their national
distribution, including distribution to Oregon.

6.

Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b) in that ISA is a

resident of Marion County, Oregon and the harm suffered was directed at and caused in this
district.
///

COMPLAINT

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PARTIES
ISA
7.

Plaintiff ISA Corporation (ISA) is an Oregon business having its principal place of

business at 3787 Fairview Industrial Dr. SE, doing business worldwide.

THE RIGHTS OF ISA
8.

ISA is the owner of U.S. Trademark Registration No. 3,018,530 for the trademark

DEEKS. Exhibit 1.
9.

ISAs DEEKS trademark is for hunting decoys in Class 28.

10.

ISA is the successor in ownership of the DEEKS trademark and associated goodwill from

the original applicant and owner, who first used the mark over 70 years ago and first registered
the mark in 1970. Registration No. 903,419.
11.

ISAs DEEKS mark has been maintained and used in commerce at all relevant times and

is considered uncontestable pursuant to 15 U.S.C. 1065.

12.

The DEEKS mark for use with duck decoys is famous and well known and in particular

was specifically known to at least one of the defendants as they confirm the naming of their
product after ISAs DEEKS product.
DEFENDANTS
Double Deeks, LLC
13.

Double Deeks, LLC is a Texas Limited Liability Company with offices at 520 Kiowa

Drive East, Lake Kiowa, Texas, 76240.

14.

Double Deeks, LLC markets products nationally and does business nationally selling

duck decoys marked and branded with the infringing DOUBLE DEEKS mark.

COMPLAINT

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Approved Graphic Design, LLC

15.

Approved Graphic Design, LLC is a South Carolina Limited Liability Company with

offices at 1153 Lawrence Rd., Clover, South Carolina.

16.

Approved Graphic Design, LLC markets products nationally and does business nationally

taking orders for Double Deeks, LLC, manufacturing, marking products with the infringing
DOUBLE DEEKS mark, packaging and shipping ordered product to customers, including to
customers in Oregon.

FACTS COMMON TO ALL CLAIMS

17.

Plaintiff openly markets and sells duck hunting decoys under the DEEKS registered

mark, including marketing through the obvious web site, http://www.deeksdecoys.com.

18.

Based on advertising information, in 2014 or 2015, defendants began to market, produce

and sell duck hunting decoys under the confusingly similar name DOUBLE DEEKS.
19.

Defendants products each bear the confusingly similar and infringing mark DOUBLE

DEEKS.
20.

Packaging and brochures provided to customers by defendants prominently include the

confusingly similar and infringing mark DOUBLE DEEKS.

21.

Defendants use their infringing name with knowledge of ISAs product and openly admit

to naming the product after the original DEEKS product, citing in publications the name came
from a principals father telling him, Hey Son, throw those DEEKS in the boat and lets go.
22.

Defendant Double Deeks, LLC openly markets and promotes duck decoys with the

infringing DOUBLE DEEKS name though its web page, at tradeshows, and through commercial
advertising including radio and other media, including the web page of www.doubledeeks.com.

COMPLAINT

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23.

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For online sales, defendant Double Deeks, LLC refers parties to Approved Graphic

Designs, LLC, an affiliate of Double Deeks, LLC which handles manufacturing, packaging and
product fulfillment with a web page of: www.approvedgraphics.com.
24.

On information and belief, Approved Graphic Designs, LLC prints duck decoys and

packaging with the infringing DOUBLE DEEKS mark and packages and sells the products to
customers.
25.

On information and belief, payment for infringing DOUBLE DEEKS products is made to

and accepted by Approved Graphic Designs, LLC.

26.

Correspondence with Double Deeks, LLC includes email from the

approvedgraphics.com domain.
27.

On information and belief, Approved Graphic Designs, LLC or its ownership is an active

and cooperative business partner with Double Deeks, LLC.

FIRST CLAIM
TRADEMARK INFRINGEMENT
28.

Plaintiff re-alleges paragraphs 1 through 27.

29.

Defendants used, or authorized or directly benefited from the use of a reproduction or

confusingly similar copy of the DEEKS mark in connection with hunting decoys in direct
competition with ISA.
30.

Defendants use of the infringing DOUBLE DEEKS mark is in commerce within the

meaning of the Trademark Act.

31.

Defendants use of the infringing DOUBLE DEEKS mark is likely to cause confusion, or

to cause mistake, or to deceive customers into believing that the defendants goods originated

COMPLAINT

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from, were being provided with the authorization of ISA, and bore the hallmarks of quality and
origin associated with the original DEEKS marked goods.
32.

ISA did not license defendants to manufacture or acquire reproductions, counterfeits, or

copies, or to use the DEEKS mark or any derivation thereof.

33.

The acts of defendants were willful and with knowledge of ISAs proper ownership of the

DEEKS mark.
34.

Unless enjoined by the court, the defendants infringing activities as described above may

continue unabated and would continue to cause harm to ISA.

35.

ISA has been damaged and seeks actual or statutory damages as proof may warrant

pursuant to 15 U.S.C. 1117.

PRAYER FOR RELIEF

Wherefore, plaintiff ISA prays for a judgment against defendants and that the court:
A. Find defendants have committed acts of trademark infringement, including, but not
limited to counterfeiting or benefiting from the counterfeit use of the federally registered
DEEKS mark;
B. Find defendants' activities were in all respects conducted willfully and for profit;
C. Find that this case is exceptional pursuant to 15 U.S.C. 1117 (a);
D. Enter a judgment against defendants and in favor of plaintiff ISA in an amount to be
proven at trial;
E. Award plaintiff ISA its costs and attorney fees pursuant to 15 U.S.C. 1117, and other
relevant statutes; and
F. Grant plaintiff ISA such further relief as justice may require.

COMPLAINT

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DEMAND FOR JURY TRIAL

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, plaintiff demands a trial by
jury.
DATED: August 17, 2016.
Respectfully submitted,
CROWELL LAW
/s/ Carl D. Crowell
Carl D. Crowell, OSB No. 982049
carl@crowell-law.com
503-581-1240
Of attorneys for the plaintiff

COMPLAINT

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