enjoy among consumers, and to tarnish that reputation by associating Starbucks' trademark with

coffee that is overroasted, and thus unappealing. As a result of defendant's actions, Starbucks

reputation for premium quality is being diluted, the value of its trademark is being diminished,

and consumers are being misled and confused. This action seeks injunctive relief and damages

for the harm defendant has caused.

JURISDICTION AND VENUE

        3.        Subject matter jurisdiction over the claims asserted in this Complaint is based

upon: (i) 28 U.S.C. §§ 1331 and 1338(a) as an action arising under the Lanham Act, 15 U.S.C.

§§ 1051 et. seq.; and the Trademark Dilution Act, 15 U.S.C. §§ 1125(c) and 1127; and

(ii) 28 U.S.C. § 1332(a) as an action between citizens of different states where the matter in

controversy exceeds the sum or value of $75,000, exclusive of interest and costs. Subject matter

jurisdiction over those of Plaintiffs' claims that arise under state law is based upon the principles

of supplemental jurisdiction set forth in 28 U.S.C. § 1367, and the provisions of 28 U.S.C.

 § 1338(b) as an action asserting a claim for unfair competition joined with a substantial and

related claim under the trademark laws.

        4.       Plaintiffs are informed and believe and thereupon allege that venue of this action

is proper in the district pursuant to:  (i) 28 U.S.C. § 1391(b) in that a substantial part of the

events given to the claims herein occurred in this judicial district; and/or (ii) 28 U.S.C. § 1400, in

that defendant has committed acts of infringement and regularly sells the product that is the

 subject of this action in this district.

THE PARTIES

        5.       Plaintiff Starbucks is a corporation organized and existing under the laws of the

 State of Washington, with its principal place of business located in Seattle, Washington. Since

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