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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION

AAMSCO LIGHTING, INC.,

Case No.: 2:16-cv-1809-RMG

Plaintiff,
v.

JURY TRIAL DEMANDED

BULBRITE INDUSTRIES, INC.,
Defendant.
COMPLAINT

Plaintiff Aamsco Lighting, Inc. (Aamsco), by and through its undersigned counsel, by
way of Complaint against Defendant Bulbrite Industries, Inc. (Bulbrite), respectfully alleges
and submits as follows pursuant to Rule 3 of the Federal Rules of Civil Procedure:
THE PARTIES
1.

Aamsco is a Delaware corporation having a principal place of business at 100

Lamp Light Circle, Summerville, South Carolina 29483.

2.

Upon information and belief, Bulbrite is a New Jersey corporation having a

principal place of business at 145 West Commercial Avenue, Moonachie, New Jersey 07074.
Upon information and belief, Bulbrite has appointed Andrew Choi, 145 West Commercial
Avenue, Moonachie, New Jersey 07074 as its agent for service of process.
NATURE OF THE ACTION
3.

This is a civil action against Bulbrite for Bulbrites infringement of United States

Design Patent No. D672,083 S (the 083 Patent) (attached hereto as Exhibit A) arising under

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the laws of the United States set forth in Title 35 of the U.S. Code, for Bulbrites breach of
contract, and for Bulbrites infringement of Aamscos trade dress under 15 U.S.C. 1125(a).
JURISDICTION AND VENUE
4.

The Court has original subject matter jurisdiction over this action pursuant to 28

U.S.C. 1331 and 1338(a), (b).

5.

This Court has supplemental jurisdiction over Aamscos breach of contract claim

pursuant to 28 U.S.C. 1367, because the breach of contract claim is so related to the claims in
this action over which this Court has original jurisdiction that the breach of contract claim forms
part of the same case or controversy under Article III of the United States Constitution.
6.

This Court has personal jurisdiction over Bulbrite, pursuant to Section 36-2-803

of the South Carolina Code of Laws and the Due Process Clause of the Fourteenth Amendment
to the United States Constitution. Upon information and belief, Bulbrite regularly does or
solicits business, or engages in any other persistent course of conduct, or derives substantial
revenue from goods used or consumed or services rendered, in South Carolina. For example,
upon information and belief, Bulbrite has contracted with dealers in South Carolina to distribute
and sell its products, including the infringing Bulbrite T8 S14s LED (T8) bulbs, in this District
with the reasonable expectation that those products are to be used in this District, and those
products are used in this District. Upon information and belief, Bulbrite has also directly and/or
by an agent infringed the 083 Patent and breached the Agreement by, among other things,
contracting with dealers in South Carolina to sell the infringing bulbs in South Carolina.
Bulbrites actions within and/or outside of South Carolina have caused a tortious injury to
Aamsco in South Carolina.

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Venue in the District of South Carolina is proper pursuant to 28 U.S.C.

1391(b), (c) and 1400(b).

STATEMENT OF FACTS
The 083 Patent
8.

The 083 Patent, entitled Lamp, duly and legally issued to Aamsco from the

U.S. Patent and Trademark Office on December 4, 2012. The 083 Patent issued from an
application filed at the U.S Patent and Trademark Office on July 11, 2011.
9.

The 083 Patent is currently in force and, by law, is presumed to be valid.

10.

The inventor of the design claimed in the 083 Patent is Robert W. Rosenzweig.

Aamsco is the owner of all right, title and interest in the 083 Patent by assignment.
11.

The 083 patent is directed to the ornamental design for a lamp.

12.

The 083 Patent contains one claim, which recites: The ornamental design for a

lamp, as shown and described.

13.

The 083 Patent includes 7 figures. The 083 Patent states that:
FIG. 1 is a perspective view of the lamp showing my new design with
parts broken away to depict non-specific length;
FIG. 2 is a front elevational view thereof;
FIG. 3 is a rear elevational view thereof;
FIG. 4 is a top elevational view thereof;
FIG. 5 is a bottom elevational view thereof;
FIG. 6 is an elevational view of one side thereof, the other side being the
same; and,
FIG. 7 is an enlarged sectional view taken along line 7-7 in FIG. 2.

14.

Figures 1-7 of the 083 Patent are depicted below.

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Aamscos Products Covered by the 083 Patent and Aamscos Trade Dress Rights
15.

Aamsco sells its own product line of bulbs that are covered by the 083 Patent,

called Alinea LED bulbs. Aamsco has sold its Alinea LED bulbs having Aamscos trade dress
and patented design in interstate commerce and throughout the United States since at least 2011.

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Aamsco sells four variants of its Alinea LED bulbs: a four-watt model (Code No. LED30SYM); a seven-watt model (Code No. LED-50SYM); an eleven-watt model (Code No. LED100SYM/24K); and a fifteen-watt model (Code No. LED-100SYM/35K). Each model of
Aamscos Alinea LED bulbs share the same ornamental design features.
16.

As shown below, Aamscos Alinea LED bulbs include: a generally cylindrical

tube having a lighting portion and a cowl portion; striations extending lengthwise along the outer
surface of the housing portion, including striations located adjacent opposing edges of the cowl
portion; two generally ovular plugs, each located near opposing ends of the tube.

083 Patent

Aamscos Alinea LED Bulb

17.

Aamsco marks its Alinea LED bulbs with the patent number of the 083 Patent.

18.

Since at least 2011, Aamsco has extensively promoted its Alinea LED bulbs

having Aamscos patented design and above-described trade dress. As a result of that
promotion, and as a result of the commercial success of the Alinea LED bulbs, Aamscos trade
dress has acquired substantial recognition among the public, and the public associates that trade
dress with Aamsco and the Alinea LED bulbs.
19.

Aamscos trade dress is used in connection with its advertising and promotional

materials, on Aamscos Internet website (www.aamsco.com), and in various non-affiliated retail

stores that sell Aamsco products, including Alinea LED bulbs.

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Aamsco has expended considerable resources to create and develop its unique

trade dress and patented design in connection with its Alinea LED bulbs, the operation of its and
website and the sale of Aamsco products, including Alinea LED bulbs.
21.

Due to Aamscos substantial and significant sales, advertising, promotion, and

publicity, Aamscos trade dress and patented design is recognized as emanating from, or being
associated with Aamsco.
22.

Aamscos trade dress and patented design is inherently distinctive and is

recognized by members of the consuming public as indicators of high quality products associated
with Aamsco. Aamscos trade dress and patented design has acquired secondary meaning as an
indication to consumers that Aamsco is the source for bulbs having that trade dress and patented
design.
23.

Aamsco has common law rights in and to its trade dress.

Bulbrites Initial Infringement &

the January 9, 2015 Agreement
24.

Upon information and belief, between at least September 2014 and July 2015,

Bulbrite made, used, sold, offered for sale and/or imported into the United States the initial
version of its T8 bulbs. Upon information and belief, Bulbrite offered three variants of its initial
T8 bulb: a four-watt model (Bulbrite Item No. 770604, Ordering Code No. LED/LI4T8/27K); a
six-watt model (Bulbrite Item No. 770606, Ordering Code No. LED/LI6T8/27K); and a 10-watt
model (Bulbrite Item No. 770610, Ordering Code No. LED/LI10T8/27K). Upon information
and belief, each variant of the initial T8 bulb shared the same ornamental design features.
25.

As shown below, Bulbrites T8 bulb resembles the design of the 083 Patent so

much that, in the eye of the ordinary observer familiar with the prior art, giving such attention as

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a purchaser usually gives, the design of the 083 Patent and the design of the T8 bulb are
substantially the same, and the resemblance between the two designs is such as to deceive such
an observer, inducing the observer to purchase a T8 bulb supposing it to be the patented bulb.

083 Patent
26.

Bulbrites Initial T8 Bulb

Bulbrites initial T8 bulb is nothing more than a colorable imitation and

equivalent of the 083 Patent design. It includes: a generally cylindrical tube having a lighting
portion and a cowl portion; striations extending lengthwise along the outer surface of the housing
portion, including striations located adjacent opposing edges of the cowl portion; two generally
ovular plugs, each located near opposing ends of the tube.
27.

Upon information and belief, Bulbrite has sold its initial T8 bulbs in interstate

commerce and throughout the United States.

28.

On September 23, 2014, counsel for Aamsco wrote to Bulbrite, advising that

Bulbrites T8 S14s bulb infringed the 083 Patent.

29.

Counsel for Aamsco and Bulbrite, respectively, corresponded through the

following months, and on January 9, 2015, Aamsco and Bulbrite executed an Agreement on
January 9, 2015.
30.

The January 9, 2015 Agreement provided that:

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WHEREAS, AAMSCO notified Bulbrite by letter sent by UPS courier on

September 23, 2014 that the appearance of its linear LED bulb, Model No.
T8 S14s (hereinafter T8 bulb) is an infringement of said Design Patent [the
083 Patent];

1. Bulbrite shall terminate all manufacture, use and/or sale of the T8 bulb
[Model No. T8 S14s] or any other bulb having an appearance that infringes
the said Design Patent [the 083 Patent], in the United States and its
possessions within six (6) months of the effective date of this Agreement
[January 9, 2015].

2. Subject to the terms in paragraph 1., Bulbrite agrees that it will not
manufacture, use and/or sell any bulb having an appearance that infringes said
Design Patent [the 083 Patent] so long as it is in force.

31.

In exchange for the above concessions from Bulbrite, Aamsco agreed to hereby

forever and irrevocably release[] Bulbrite from any liability for infringement of said Design
Patent [the 083 Patent] by its manufacture, use and/or sale of T8 bulbs in the United States and
its possessions prior to the effective date of this Agreement [January 9, 2015] and during the sixmonth period set forth in paragraph 1 of this Agreement.

Bulbrites Continued Infringement &

Breach of the January 9, 2015 Agreement
32.

Bulbrite did not honor its obligations under the January 9, 2015 Agreement,

however. The six-month period for Bulbrite to terminate all manufacture, use and/or sale of the
T8 bulb or any other bulb having an appearance that infringes the 083 Patent ended on July 9,

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2015. Despite the expiration of that six-month period, Bulbrite has not ceased selling T8 bulbs
and, likewise, has not ceased infringing the 083 Patent.
33.

Although the T8 bulbs that Bulbrite manufactured, used, sold, offered for sale

and/or imported into the United States after July 9, 2015 were modified slightly from the initial
T8 bulbs, the redesigned T8 bulbs are still mere colorable imitations of the Aamscos patented
design. As a result, Bulbrites redesigned T8 bulb resembles the design of the 083 Patent so
much that, in the eye of the ordinary observer familiar with the prior art, giving such attention as
a purchaser usually gives, the design of the 083 Patent and the design of the T8 bulb are
substantially the same, and the resemblance between the two designs is such as to deceive such
an observer, inducing the observer to purchase a T8 bulb supposing it to be the patented bulb.

083 Patent
34.

Bulbrites Redesigned T8 Bulb

Furthermore, upon information and belief, the redesigned T8 bulbs shares the

same Bulbrite item numbers and ordering codes as the initial T8 bulbs, and the packaging for the
redesigned T8 bulbs is the same as it was for the initial T8 bulbs. .
35.

Upon information and belief, Bulbrite offers three variants of its redesigned T8

bulb: a four-watt model (Bulbrite Item No. 770604, Ordering Code No. LED/LI4T8/27K); a sixwatt model (Bulbrite Item No. 770606, Ordering Code No. LED/LI6T8/27K); and a 10-watt

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model (Bulbrite Item No. 770610, Ordering Code No. LED/LI10T8/27K). Upon information
and belief, each variant of the redesigned T8 bulb shares the same ornamental design features.
36.

Upon information and belief, Bulbrite has sold its redesigned T8 bulbs in

interstate commerce and throughout the United States.

37.

Many of Aamscos customers have purchased Bulbrites redesigned T8 bulb,

thinking that Bulbrites redesigned T8 bulb was Aamscos patented Alinea LED bulb, and
thereafter have complained to Aamsco that the T8 bulb they purchased would not fit in their
respective receptacles.
38.

On August 4, 2015, counsel for Aamsco wrote to counsel for Bulbrite to advise

Bulbrite of the continued infringement of the 083 Patent. However, Bulbrite continues to make,
use, sell, offer for sale, and/or import its infringing, redesigned T8 bulbs.
Bulbrites Indirect Infringement of the 083 Patent
39.

In addition to its direct infringement of the 083 Patent, Bulbrite has indirectly

infringed the 083 Patent.

40.

Bulbrite has actively induced infringement of the 083 Patent. For example, upon

information and belief, Bulbrites retail and online dealers have, since at least September 2014,
directly infringed the 083 Patent by selling the infringing initial and redesigned T8 bulbs to end
users. Bulbrite has known about and has had a copy of the 083 Patent since at least September
2014, when Aamsco notified Bulbrite that the initial T8 bulbs infringed the 083 Patent. Aamsco
notified Bulbrite that the redesigned T8 bulbs infringed the 083 Patent in August 2015. Upon
information and belief, Bulbrite nevertheless has actively and knowingly aided and abetted that
direct infringement. With knowledge of the 083 Patent, Bulbrite has enlisted and used its retail
and online dealers to distribute and sell the infringing T8 bulbs. Bulbrite has sold and/or offered

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for the infringing T8 bulbs to its retail and online dealers. Thus, Bulbrite intended to cause the
retail and online dealers sales of the infringing T8 bulbs.
41.

In addition, upon information and belief, end users have also directly infringed the

083 Patent by using the infringing T8 bulbs since at least September 2014. Bulbrite has actively
and knowingly aided and abetted that direct infringement, as well. With knowledge of the 083
Patent, Bulbrite has marketed and advertised the T8 bulbs to end users and has directed end users
to Bulbrites retail and online dealers to purchase T8 bulbs. Bulbrite has also instructed the end
users with respect to use the T8 bulbs, such as with vanity mirrors.
42.

Bulbrite also knew or should have known that its actions would lead to actual

infringement of the 083 Patent, particularly given its knowledge of the 083 Patent and the
months-long discussions and correspondence between counsel for Bulbrite and counsel for
Aamsco regarding infringement by both the initial and redesigned T8 bulbs.
43.

Furthermore, in selling and/or offering for sale the T8 bulbs to its retail and online

dealers, Bulbrite has sold and/or offered for sale a material component of the 083 Patent design
that is not a staple article of commerce capable of substantial non-infringing use with knowledge
that the component was especially made or adapted for use in an infringing product. Indeed, the
T8 bulbs have no use that does not infringe the 083 Patent. Thus, Bulbrite has also contributed
to the infringement of the 083 Patent.
44.

For at least the foregoing reasons, Bulbrites infringement of the 083 Patent and

Aamscos trade dress rights has also been and continues to be willful. Bulbrite has simply
disregarded Aamscos patent and trade dress rights.

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Damage to Aamsco
45.

Aamsco has been damaged as a direct and proximate result of Bulbrites actions

infringing the 083 Patent, breaching the January 9, 2015 Agreement and infringing Aamscos
trade dress rights in the Alinea LED bulbs.
46.

Aamsco has been deprived of the sales and profits it would have made absent

Bulbrites breach of contract and infringing acts.

47.

Because of the extent of the imitation of design of the 083 Patent, consumers

have expressed product confusion and have drawn a false association between Aamscos product
and Bulbrites inferior T8 bulbs, thereby damaging Aamscos reputation. For example, many of
Aamscos customers have purchased Bulbrites redesigned T8 bulb, thinking that Bulbrites
redesigned T8 bulb was Aamscos patented Alinea LED bulb, and thereafter have complained to
Aamsco that the T8 bulb they purchased would not fit in their respective receptacles.
48.

Additionally, upon information and belief and due to Bulbrites infringing

activities, consumers have developed a further misconception that Bulbrites T8 bulbs are the
original products containing Aamscos patented design features.
49.

Aamscos damages are substantial and continuing as Bulbrite continues to

illegally manufacture and sell infringing T8 bulbs.

50.

Bulbrites continued infringement presents an imminent threat of severe and

irreparable harm to Aamsco.

COUNT I
Patent Infringement
51.

Aamsco incorporates herein its allegations set forth in this Complaint.

52.

The 083 Patent was duly and legally issued to Aamsco by the United States

Patent and Trademark Office.

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53.

Aamsco owns all rights, title, and interest in and to the 083 Patent.

54.

Upon information and belief, Bulbrite has infringed and continues to infringe,

literally or under the doctrine of equivalents, the claim of the 083 Patent by: (i) making, using,
importing, selling, and/or offering for sale in South Carolina and nationwide, bulbs that embody
the subject matter claimed in the 083 Patent; (ii) actively inducing others to directly infringe the
083 Patent, and (iii) committing acts that constitute contributory infringement.
55.

Bulbrites infringing activities violate 35 U.S.C. 271(a)-(c).

56.

Upon information and belief, Bulbrite has been fully aware of the existence of the

083 Patent since at least September 2014 and yet deliberately copied and continues to
deliberately copy and misappropriate the subject matter claimed in the 083 Patent.
57.

Upon information and belief, Bulbrite has therefore knowingly and willfully

infringed, and has actively induced and contributed to the infringement of the 083 Patent.
58.

Bulbrites infringement has damaged and will continue to cause injury to Aamsco,

and as such Aamsco is entitled to damages pursuant to 35 U.S.C. 284 and/or 289.
59.

In addition, Aamsco has no adequate remedy at law against Bulbrites continuing

acts of infringement. Bulbrites infringement of the 083 Patent will continue unless and until
enjoined by this Court, causing Aamsco severe irreparable harm. Aamsco is therefore entitled to
an injunction under 35 U.S.C. 283 against Bulbrite preliminarily and permanently enjoining
and restraining Bulbrite from infringing the 083 Patent, and from making, manufacturing,
developing, producing, supplying, selling, distributing, importing, exporting, advertising, and
offering for sale the initial and redesigned T8 bulbs or any other product that incorporates any of
Aamscos designs protected by the 083 Patent.

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This is an exceptional case that falls within the provisions of 35 U.S.C. 285, and

accordingly Aamsco is entitled to an award of reasonable attorneys fees.

COUNT II
Breach of Contract
61.

Aamsco incorporates herein its allegations set forth in this Complaint.

62.

In January 2015, Aamsco and Bulbrite entered into a contract (the January 9,

2015 Agreement). That contract provided the terms below:

This Agreement is between AAMSCO Lighting Inc. (hereinafter AAMSCO), a
corporation of Delaware, located and doing business at 100 Lamp Light Circle,
Summerville, SC 29483, and Bulbrite Industries, Inc. (hereinafter Bulbrite), a
corporation of New Jersey, located and doing business at 145 West Commercial
Avenue, Moonachie, NJ 07074, who agree as follows:
WHEREAS, AAMSCO is the owner of United States Design Patent No.
D672,083 (hereinafter "said Design Patent"), dated December 4, 2012 and entitled
LAMP;
WHEREAS, AAMSCO notified Bulbrite by letter sent by UPS courier on
September 23, 2014 that the appearance of its linear LED bulb, Model No. T8 S
14s (hereinafter "T8 bulb") is an infringement of said Design Patent; and
WHEREAS, the parties hereto desire to settle this controversy in accordance with
the terms and conditions set forth hereinafter.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants
set forth herein, the parties hereto agree as follows:
1. Bulbrite shall terminate all manufacture, use and/or sale of the T8 bulb or any
other bulb having an appearance that infringes the said Design Patent, in the
United States and its possessions within six (6) months of the effective date of this
Agreement.
2. Subject to the terms in paragraph 1., Bulbrite agrees that it will not
manufacture, use and/or sell any bulb having an appearance that infringes said
Design Patent so long as it is in force.
3. During the six (6) month period set forth in paragraph 1., AAMSCO agrees that
Bulbrite may continue to advertise the T8 bulb to facilitate the disposal of
Bulbrites inventory ofT8 bulbs.
4. AAMSCO hereby forever and irrevocably releases Bulbrite from any liability
for infringement of said Design Patent by its manufacture, use and/or sale of T8

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bulbs in the United States and its possessions prior to the effective date of this
Agreement and during the six-month period set forth in paragraph 1 of this
Agreement.
5. This Agreement shall extend to, inure to the benefit of, and be binding upon the
parties hereto and their representatives, attorneys, agents, partners, officers,
shareholders, directors, employees, subsidiaries, affiliates, divisions, successors
and assigns.
6. This Agreement constitutes the entire agreement between the parties with
respect to the subject matter hereof and supersedes all prior negotiations and
agreements, whether written or oral, relating to such subject matter. This
Agreement may not be altered, amended, modified or otherwise changed in any
respect except by an instrument in writing duly executed by authorized
representatives of the parties hereto.
63.

The six-month period for Bulbrite to terminate all manufacture, use and/or sale of

the T8 bulb or any other bulb having an appearance that infringes the 083 Patent ended on July
9, 2015.
64.

As discussed above, Bulbrite breached the January 9, 2015 Agreement by failing

to terminate all manufacture, use and/or sale of the T8 bulb or any other bulb having an
appearance that infringes the 083 Patent.
65.

Bulbrite also breached the January 9, 2015 Agreement by failing to satisfy its

agreement that it will not manufacture, use and/or sell any bulb having an appearance that
infringes the 083 Patent so long as it is in force.
66.

As discussed above, Aamsco has been damaged as a natural consequence and a

proximate result of Bulbrites breach of the January 9, 2015 Agreement by infringing the 083
Patent. For example, Aamsco has been deprived of the sales and profits it would have made
absent Bulbrites breach of contract and infringing acts.
67.

In addition, because of the extent of the imitation of design of the 083 Patent,

consumers have expressed product confusion and have drawn a false association between
Aamscos product and Bulbrites inferior T8 bulbs, thereby damaging Aamscos reputation. For

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example, many of Aamscos customers have purchased Bulbrites redesigned T8 bulb, thinking
that Bulbrites redesigned T8 bulb was Aamscos patented Alinea LED bulb, and thereafter have
complained to Aamsco that the T8 bulb they purchased would not fit in their respective
receptacles.
68.

Furthermore, upon information and belief and due to Bulbrites infringing

activities, consumers have developed a further misconception that Bulbrites T8 bulbs are the
original products containing Aamscos patented design features.
69.

Aamscos damages are substantial and continuing as Bulbrite continues to

illegally manufacture and sell infringing T8 bulbs.

70.

Bulbrites continued breach of the January 9, 2015 Agreement presents an

imminent threat of severe and irreparable harm to Aamsco.

COUNT III
Trade Dress Infringement under the Lanham Act (15 U.S.C. 1125(a))
71.

Aamsco incorporates herein the allegations set forth in this Complaint.

72.

Bulbrite has misappropriated Aamscos patented design and has sold and

continues to sell its T8 bulbs in commerce nationwide, deceiving consumers into believing that
Bulbrite is the innovator and source of Aamscos trade dress design.
73.

The trade dress of Aamscos Alinea LED bulbs is entitled to protection because it

is inherently distinctive and non-functional and/or it has acquired distinctiveness. Such

distinctiveness is recognized in the 083 Patent.
74.

Aamsco owns the trade dress of its Alinea LED bulbs.

75.

The trade dress of Aamscos Alinea LED bulbs is non-functional.

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Bulbrite used the trade dress of Aamscos Alinea LED bulbs and/or similar trade

dress without the consent of Aamsco in a manner that is likely to cause confusion among
ordinary consumers as to the source, sponsorship, affiliation, or approval of the Bulbrites goods.
77.

Bulbrite has also used the trade dress of Aamscos Alinea LED bulbs and/or

similar trade dress without the consent of Aamsco, in commercial advertising or promotion, in a
manner that misrepresents the nature, characteristics, qualities, or geographic origin of his or her
or another persons goods, services, or commercial activities.
78.

As shown below, Bulbrites sell sheet for its T8 bulbs prominently displays the

distinctive trade dress of Aamscos Alinea LED bulbs (as well as the design claimed in the 083
Patent):

The above sell sheet was obtained from Bulbrites website

(http://www.bulbrite.com/_files/downloads/files/led_t8_linear_tubes.pdf).

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In addition, packaging for both the initial and redesigned T8 bulbs prominently

displays the distinctive trade dress of Aamscos Alinea LED bulbs (as well as the design claimed
in the 083 Patent):

Packaging for Bulbrites

InitialT8 Bulb
80.

Packaging for Bulbrites

Redesigned T8 Bulb

Many of Aamscos customers have purchased Bulbrites redesigned T8 bulb,

thinking that Bulbrites redesigned T8 bulb was Aamscos patented Alinea LED bulb, and
thereafter have complained to Aamsco that the T8 bulb they purchased would not fit in their
respective receptacles.
81.

Furthermore, upon information and belief and due to Bulbrites infringing

activities, consumers have developed a further misconception that Bulbrites initial and
redesigned T8 bulbs are the original products containing Aamscos patented design features.
82.

Upon information and belief, Bulbrites creation and use of the initial and

redesigned T8 bulb designs have been done willfully in an effort to impermissibly copy
Aamscos trade dress, to trade on the goodwill Aamsco has created in its trade dress, and to
mislead customers into believing there is an association between Bulbrite and Aamsco.

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Bulbrites appropriation of Aamscos trade dress is likely to cause confusion,

mistake, or deception as to the source or origin of Bulbrites initial and redesigned T8 bulbs, at
least in part because of the relatedness of Bulbrites initial and redesigned T8 bulbs to Aamscos
Alinea LED bulbs. Bulbrites use of Aamscos trade dress constitutes false designation of origin
or sponsorship of Bulbrites initial and redesigned T8 bulbs and tends falsely to represent that
Bulbrites initial and redesigned T8 bulbs originate from Aamsco or that Bulbrites initial and
redesigned T8 bulbs and/or Bulbrite have been sponsored, approved, or licensed by Aamsco or
are in some way affiliated or connected with Aamsco. Bulbrites conduct is likely to confuse,
mislead and deceive customers, purchasers and members of the public as to the origin of
Bulbrites initial and redesigned T8 bulbs or cause said persons to believe that Bulbrites initial
and redesigned T8 bulbs and/or Bulbrite have been sponsored, approved, authorized or licensed
by Aamsco or are in some way affiliated or connected with Aamsco, all in violation of 15 U.S.C.
1125(a).
84.

Upon information and belief, by their willful and infringing conduct, Bulbrite has

made and will continue to make substantial profits and gains to which it is not in law or equity
entitled.
85.

Aamscos damages are substantial and continuing as Bulbrite continues to

illegally manufacture and sell at least the infringing redesigned T8 bulbs.

86.

Bulbrites continued breach of the January 9, 2015 Agreement presents an

imminent threat of severe and irreparable harm to Aamsco.

87.

Bulbrites actions amount to unfair competition and misappropriation under 15

U.S.C. 1125(a), and has caused and continues to cause serious injury to Aamsco.

2:16-cv-01809-RMG

88.

Date Filed 06/03/16

Entry Number 1

Page 20 of 21

Due to the foregoing, Aamsco is entitled to damages against Bulbrite pursuant to

15 U.S.C. 1117(a), including without limitation Aamscos profits from sales of the initial and
redesigned T8 bulbs, any damages sustained by Aamsco, treble damages, and Aamscos costs
and attorneys fees in connection with this action.
89.

Aamsco is also entitled to an injunction under 15 U.S.C. 1116 to prevent

Bulbrites further violations of 15 U.S.C. 1125(a).

PRAYER FOR JUDGMENT AND RELIEF
WHEREFORE, Aamsco requests judgment as follows:
(1) Pursuant to 35 U.S.C. 271, a determination that Bulbrite has infringed (directly,
contributorily and/or by active inducement literally and/or under the doctrine of equivalents)
the claim of the 083 Patent;
(2) Pursuant to 35 U.S.C. 283, an order that Bulbrite and those in privity with Bulbrite
be preliminarily and permanently enjoined from infringing the 083 Patent;
(3) Pursuant to 35 U.S.C. 284, an award of damages adequate to compensate Aamsco
for Bulbrites infringement of the 083 Patent, but in no event less than a reasonable royalty,
together with prejudgment interest, costs and disbursements as fixed by the Court; and/or,
pursuant to 35 U.S.C. 289, an award of damages in the form of Bulbrites total lost profits, but
not less than $250, together with prejudgment interest, costs and disbursements as fixed by the
Court;
(4) Pursuant to 35 U.S.C. 284, an award increasing damages up to three times the
amount found or assessed for infringement of the 083 Patent by Bulbrite due to the willful and
deliberate nature of the infringement;

2:16-cv-01809-RMG

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Page 21 of 21

(5) A judgment determining this to be an exceptional case within the meaning of 35

U.S.C. 285, entitling Aamsco to an award of its reasonable attorneys' fees, expenses, and costs
in this action;
(6) An order that Bulbrite and those in privity with Bulbrite be preliminarily and
permanently enjoined from infringing Aamscos trade dress rights;
(7) An award of Bulbrites profits resulting from its infringement of Aamscos trade
dress, damages to Aamsco, the costs of the action and Aamscos expenses and attorneys fees in
this action pursuant to 15 U.S.C. 1117(a)(3);
(8) An award of all costs, expenses, disbursements, and attorneys fees incurred by
Aamsco in this action;
(9) An award of Aamscos pre-judgment and post-judgment interest; and/or
(10) An award of any other or further relief, in law or in equity, as this Court deems just.

JURY DEMAND
Aamsco demands a trial by jury of all issues triable as of right by a jury in this action.
Dated: June 3, 2016

Respectfully submitted,
WOLF & WOLF, LLC

s/ David W. Wolf
David W. Wolf (Federal ID No. 9103)
david@wolflaw.com
286 Meeting Street
1st Floor
Charleston, South Carolina 29401
Tel. (843) 853-9000
Fax. (843) 853-9002
Attorneys for Plaintiff
Aamsco Lighting, Inc.

2:16-cv-01809-RMG

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Page 1 of 5

Illlll llllllll Ill lllll llllll llll lllll lllll 111111111111111111111111111111111

USOOD672083S

c12)

United States Design Patent

(10)

Rosenzweig

(45)

(54)

LAMP

(75)

Inventor:

(73)

Assignee: AAMSCO Lighting, Inc., Sunnnerville,

NC (US)

(**)

Term:

(21)

Appl. No.: 29/397,014

(22)

Filed:

(51)
(52)
(58)

LOC (9) Cl. . ... ... ... ... .. ... ... ... ... ... .. ... ... ... ... ... .. . 26-03
U.S. Cl. ........................................................ D26/92
Field of Classification Search . ... ... ... ... D26/7 5-78,
D26/80, 87, 92; 362/133, 217.01, 217.02,
362/217.04, 217.05, 217.06, 217.07, 217.1,
362/218,294,373,432
See application file for complete search history.

Robert W. Rosenzweig, Sunnnerville,

SC (US)

14 Years

References Cited
U.S. PATENT DOCUMENTS
Dl27,397
Dl28,786
Dl30,813
Dl40,504
D240,549
D295,329

S
S
S
S
S
S

*
*
*
*
*
*

5/1941
8/1941
12/1941
3/1945
7/1976
411988

D332,502
D371,858
D381,760
D387,462
D438,326
D603,079
D633,642
D637,338
8,104,919
8,142,047
D658,798

s
s
s
s

*
*
*
*
S *
S *
S *
S *
B2 *
B2 *
S *

1/1993
7/1996
7/1997
12/1997
2/2001
10/2009
3/2011
512011
1/2012
3/2012
5/2012

US D672,083 S

**

Dec. 4, 2012

Roos .............................. D26/78

Waldmann ..................... D26/76
Costa ............................. D26/76
Huang ........................... D26/76
Kan ............................... D26/76
Toot et al. ...................... D26/76
Wauters ......................... D26/85
Kong et al. .................... D26/88
Wung et al. .............. 362/217.12
Acarnporaetal. ....... 362/217.01
Hillard ........................... D26/51

* cited by examiner

Jul. 11, 2011

(56)

Patent No.:
Date of Patent:

Johnston ........................
McCann ........................
Carter, Jr. ......................
Gleason .........................
Eftekhar ........................
Roos et al. .....................

D26/76
D26/90
D26/77
D26/76
D26/78
D26/7 5

Primary Examiner - Clare E Heflin

(74) Attorney, Agent, or Firm - Nixon & Vanderhye PC
(57)
CLAIM
The ornamental design for a lamp, as shown and described.

DESCRIPTION
FIG. 1 is a perspective view of the lamp showing my new
design with parts broken away to depict non-specific length;
FIG. 2 is a front elevational view thereof;
FIG. 3 is a rear elevational view thereof;
FIG. 4 is a top elevational view thereof;
FIG. 5 is a bottom elevational view thereof;
FIG. 6 is anelevational view ofone side thereof, the other side
being the same; and,
FIG. 7 is an enlarged sectional view taken along line 7-7 in
FIG. 2.

1 Claim, 4 Drawing Sheets

2:16-cv-01809-RMG

U.S. Patent

Date Filed 06/03/16

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Entry Number 1-1

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