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IN THE UNITED STATES
DISTRICT
C
O
U
RT
FOR THE
DISTRICT
OF
TENNESSEE NASHVILLE DIVISION
 
R & L MERCHANDISE, LLC., d/b/a ) BELLA RYAN, ) ) Plaintiff, ) ) v. ) Civil Action No. ) ALEX AND ANI, LLC., d/b/a ALEX AND ) JUDGE ANI, ) )
JURY
TRIAL D
E
M
AND
E
D Defendant. )
DECLARATORY JUDGMENT
C
OM
PLAINT
 
Plaintiff R & L Merchandising, LLC, d/b/a Bella Ryann brings this Declaratory Judgment Complaint against defendant Alex & Ani, LLC, d/b/a Alex & Ani. This Declaratory Judgment Complaint relates to R & L Merchandising, LLC’s current efforts to resolve ongoing disputes  between the parties – direct competitors in the field of jewelry – regarding their respective legal rights to manufacture and sell jewelry what is colloquially known as “bangle bracelets.” Specifically, R & L Merchandising, LLC seeks declaratory judgments of patent non-infringement and invalidity with respect to one Alex and Ani, LLC design patent directed to expandable  bracelets, and of trade dress non-infringement with respect to a bangle bracelet sold by Alex and Ani, LLC. Plaintiff R & L Merchandising, LLC alleges as follows:  NATURE OF THIS A
C
T
I
O
 N 1.
 
This is an action seeking Declaratory Judgments that United States Patent No. D498,167 (“the ’167 patent”), which is owned by Alex and Ani., LLC, has not been infringed by R & L Merchandising, LLC and/or is invalid and that R & L Merchandising, LLC has not infringed
Case 3:12-cv-01081 Document 1 Filed 10/19/12 Page 1 of 8 PageID #: 1
 
 
2any rights of Alex and Ani, LLC arising under section 43(a) of the Lanham Act. 2.
 
This action arises under the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, the Patent Laws of the United States, Title 35 of the United States Code, and Section 43(a) of the Lanham Act. 3.
 
R & L Merchandising, LLC, d/b/a Bella Ryann, (“R & L” or “Plaintiff”) is a limited liability corporation organized and existing under the laws of the state of Tennessee, with its principal place of business located in Davidson County, Tennessee. 4.
 
R & L manufactures and sells expandable bracelets with attached charms. 5.
 
On information and belief, Alex & Ani, LLC, (“Alex & Ani” or “Defendant”) is an LLC organized and existing under the laws of the state of Rhode Island. Its registered agent for service of process is Michael F. Sweeney, Esq., One Financial Plaza, Suite 1800, Providence, RI 02903. 6.
 
Alex & Ani and R & L manufacture and sell bangle bracelets. Alex & Ani and R & L have an ongoing dispute regarding their respective legal rights to manufacture and sell bangle  bracelets. Alex & Ani has indicated to R & L that Alex & Ani believes R & L is infringing its  bangle bracelet design. R & L seeks to resolve the parties’ current disputes regarding bangle  bracelets and thus R & L brings this declaratory judgment action, in which R & L seeks a declaration that the patents have not been infringed by R & L and/or are invalid. JURISDICTION AND VENUE 7.
 
This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. §§ 1331, 1338(a), 2201 and 2202. 8.
 
This action is filed to resolve an actual and justiciable controversy between the
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3 parties hereto. Alex & Ani’s conduct towards R & L establishes that a real and substantial dispute exists between the parties regarding Alex & Ani’s allegations that R & L’s product infringes the ‘167 patent and Alex & Ani’s trade dress rights. This dispute is both definite and concrete and admits of specific relief through a decree of a conclusive character. As set forth in succeeding  paragraphs herein, Alex & Ani has taken at least one affirmative act related to enforcement of its  patent and trade secret rights, and R & L is currently engaged in offering for sale a bracelet alleged by Alex & Ani to infringe those rights. Accordingly there is a conflict of asserted rights among the parties and an actual controversy exists between R & L and Alex & Ani with respect to the infringement, validity, and scope of the ‘167 patent and of Alex & Ani’s trade dress rights. 9.
 
This Court has personal jurisdiction over Alex & Ani because it has purposely directed its activities at the State of Tennessee and purposely availed itself of the benefits and  protections of the laws of this State, including this Judicial District, by repeatedly directing correspondence to R & L alleging that bracelets currently being offered for sale by R & L infringe Alex & Ani’s patent and trade dress rights. Further, the Alex & Ani correspondence not only threatened litigation, but also demanded payment of $150,000, surrender of all R & L bracelets for destruction, and ordered R & L to preserve allegedly relevant documents in eight specific categories in anticipation of litigation. 10.
 
This Court also has personal jurisdiction over Alex & Ani because Alex & Ani’s contacts with the State of Tennessee are significant and pervasive. The State of Tennessee is a large and important market for the sale of Alex & Ani’s products. Alex & Ani has sales representatives, dealers, and distributors located in the State of Tennessee that market, promote, and sell Alex & Ani’s products. Alex & Ani has conducted business continuously and systematically in the State of Tennessee and in this judicial district for many years and continues
Case 3:12-cv-01081 Document 1 Filed 10/19/12 Page 3 of 8 PageID #: 3

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