columbia sportswear v. fibretronic limited

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STOLL STOLL BERNE LOKTING & SHLACHTER P.C. 209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204 TEL. (503) 227-1600 FAX (503) 227-6840

- COMPLAINT

Keith A. Ketterling, OSB No. 913368 Email: [email protected] Steven C. Berman, OSB No. 951769 Email: [email protected] STOLL STOLL BERNE LOKTING & SHLACHTER P.C. 209 S.W. Oak Street, Suite 500 Portland, Oregon 97204 Telephone: (503) 227-1600 Facsimile: (503) 227-6840 Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

COLUMBIA SPORTSWEAR COMPANY, an Oregon corporation, Plaintiff, v. FIBRETRONIC LIMITED, a Hong Kong corporation, Defendant.

Case No. 3:13-cv-1636 COMPLAINT (Breach of Contract) JURY TRIAL DEMANDED

Plaintiff, Columbia Sportswear Company alleges as follows:

PARTIES

1.

Columbia Sportswear Company (“Columbia”) is an Oregon corporation with its principal

place of business in Washington County, Oregon.

2.

Defendant Fibretronic Limited (“Fibretronic”) is a Hong Kong corporation, with its

principal place of business in Hong Kong.

Case 3:13-cv-01636-PK Document 1 Filed 09/16/13 Page 1 of 4 Page ID#: 1




- COMPLAINT

VENUE AND JURISDICTION

3.

The Court has jurisdiction over this action pursuant to 28 U.S.C. § 1332 because this is a

civil action between a citizen of a state and a citizen or subject of a foreign state, and the amount

in controversy exceeds $75,000.

4.

This Court has personal jurisdiction over Fibretronic because Fibretronic directed its

activities towards Oregon, consummated commercial transactions with this forum and

purposefully availed itself of conducting business with this forum. The dispute between

Fibretronic and Columbia arises out of and relates to Fibretronic’s business activities within this

forum and its direct contact with Columbia in Oregon. Fibretronic has engaged in acts or

omissions that have caused injury in Oregon. Fibretronic has distributed products used or

consumed within the State of Oregon in the ordinary course of trade, or has otherwise made or

established contacts with the State of Oregon sufficient to permit exercise of personal

jurisdiction.

5.

Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b)(1), because Fibretronic is a

“resident” of Oregon, within the meaning of 28 U.S.C. § 1391(c)(2) and §1391(c)(3).

Alternatively, venue is proper in this Court, pursuant to 28 U.S.C. § 1391(b)(3).

CLAIM FOR RELIEF

(Breach of Contract)

6.

Fibretronic entered into a contract with Columbia. Under that agreement, Fibretronic

agreed to manufacture and provide heating components for the inner wrist cuff (or “gluff”) for

heated jackets Columbia intended to market and sell worldwide.





- COMPLAINT

7.

Between May 2012 and September 2012, Columbia paid Fibretronic approximately

$950,000 for the heating components. The heating components subsequently were installed into

the inner wrist cuffs of the heated jackets, and the jackets were distributed worldwide for sale.

8.

By November 2012, Columbia discovered that the heating components in some of the

jackets were faulty. The wires in the cuffs were not properly aligned, which could result in an

electrical short. The short created a hot spot that melted fabric in the jacket.

9.

The heating components provided by Fibretronic were not fit for the purposes for which

they were obtained. Because of the faulty heating components, the jackets were not appropriate

for sale. Columbia recalled the jackets and withdrew them from the market.

10.

As a result of Fibretronic’s actions and breach of contract, Columbia has sustained

damages of approximately $9.4 million dollars.

JURY TRIAL DEMAND

11.

Columbia demands a trial by jury.

PRAYER FOR RELIEF

12.

WHEREFORE, Columbia prays for the following relief:

A. Damages of $9.4 million, or in an amount proven at trial;

B. Its attorneys’ fees and costs incurred herein; and





- COMPLAINT

C. All other legal and equitable relief to which Columbia is entitled.

DATED this 16th day of September, 2013

STOLL STOLL BERNE LOKTING & SHLACHTER P.C. By: /s/ Keith A. Ketterling

Keith A. Ketterling, OSB No. 913368 Steven C. Berman, OSB No. 951769

209 SW Oak Street, Suite 500 Portland, OR 97204 Telephone: (503) 227-1600 Facsimile: (503) 227-6840 Email: [email protected]

[email protected] Attorneys for Plaintiff
