Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
1 or omissions giving rise to Emsons claims; and PGM is otherwise within the
2 jurisdiction of the Court.
3 5. This Court has personal jurisdiction over Valdez because, Emson is
4 informed and believes and thereon alleges that Valdez resides in California and in
5 this judicial district; Valdez has a continuous, systematic, and substantial presence
6 in California and in this judicial district including by selling and offering for sale
7 infringing products in this judicial district, and by committing acts of infringement
8 in this judicial district and selling infringing products into the stream of commerce
9 knowing such products would be sold in California and this district, which acts
10 form a substantial part of the events or omissions giving rise to Emsons claims;
11 and Valdez is otherwise within the jurisdiction of the Court.
12 6. This Court has personal jurisdiction over Gong because, Emson is
13 informed and believes and thereon alleges that Gong resides in California and in
14 this judicial district; Gong has a continuous, systematic, and substantial presence in
15 California and in this judicial district including by selling and offering for sale
16 infringing products in this judicial district, and by committing acts of infringement
17 in this judicial district and selling infringing products into the stream of commerce
18 knowing such products would be sold in California and this district, which acts
19 form a substantial part of the events or omissions giving rise to Emsons claims;
20 and Gong is otherwise within the jurisdiction of the Court.
21 7. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391
22 and 1400.
23 THE PARTIES
24 8. Emson is a corporation duly organized and existing under the laws of
25 the State of New York, with its principal place of business at 230 Fifth Avenue,
26 New York, New York 10001.
27 9. Emson markets and sells consumer products throughout the United
28 States through print media, the Internet, and direct response television advertising,
-3-
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 4 of 48 Page ID #:4
1 including, but not limited to, the use of television infomercials. Emson sells
2 products to wholesale customers and direct to consumers.
3 10. Emson is informed and believes and thereon alleges that PGM is a
4 corporation duly organized and existing under the laws of the State of California
5 with a place of business at 9698 Telstar Avenue # 303, El Monte, California 91731.
6 11. Emson is informed and believes and thereon alleges that PGM markets
7 and sells consumer products throughout the United States through the Internet,
8 including under the trade mark ETERNAL. PGM sells products direct to
9 consumers and to wholesale customers, in competition with Emson.
10 12. Emson is informed and believes and thereon alleges that Valdez is an
11 individual residing in California having an address at 23611 Golden Springs Drive
12 I-5, Diamond Bar, California, 91765. Emson is informed and believes and thereon
13 alleges that Valdez is the Chief Executive Officer of PGM. Emson is informed and
14 believes and thereon alleges that Valdez controls and directs the activities of PGM.
15 Emson is informed and believes and thereon alleges that Valdez knowingly,
16 willfully, and actively induced, planned, promoted, caused, directed, controlled,
17 assisted with, and benefited from PGMs wrongful acts alleged herein, and
18 continues to do so.
19 13. Emson is informed and believes and thereon alleges that Gong is an
20 individual residing in California having an address at 23611 Golden Springs Drive
21 I-5, Diamond Bar, California, 91765. Emson is informed and believes and thereon
22 alleges that Gong is the Secretary, Chief Financial Officer, and Director of PGM.
23 Emson is informed and believes and thereon alleges that Gong controls and directs
24 the activities of PGM. Emson is informed and believes and thereon alleges that
25 Gong knowingly, willfully, and actively induced, planned, promoted, caused,
26 directed, controlled, assisted with, and benefited from PGMs wrongful acts alleged
27 herein, and continues to do so.
28
-4-
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 5 of 48 Page ID #:5
1 STATEMENT OF FACTS
2 I. EMSONS CAR CANE INTELLECTUAL PROPERTY
3 14. Emson markets and sells an automotive assistance device for helping
4 persons to enter and exit an automobile under the trademark CAR CANE.
5 15. Emson advertises the CAR CANE device throughout the United States
6 including via television infomercials and Internet websites.
7 16. Emson sells the CAR CANE device throughout the United States
8 including selling at wholesale to major retailers, and direct to consumers through
9 television infomercials and via Internet websites.
10 17. The CAR CANE device comprises a black handle incorporating a red
11 grip, the black handle and red grip having a distinctive shape, comprising an
12 arbitrary, non-functional and distinctive design (the CAR CANE Trade Dress)
13 adopted by Emson to distinguish the CAR CANE device from other automotive
14 assistance devices in the marketplace.
15 18. As a result of Emsons extensive advertising and promotion of the
16 CAR CANE device, the design has become widely and favorably known to the
17 public and has become recognized as identifying a particular source of the product.
18 19. The CAR CANE Trade Dress is not functional. The design features
19 embodied by the CAR CANE Trade Dress are not essential to its function of the
20 product, do not make the product cheaper or easier to manufacture, and do not
21 affect the quality of the product. The design of the CAR CANE Trade Dress is not
22 a competitive necessity.
23 20. Emson is the sole owner of all right, title, and interest in United States
24 Patent No. D743,324 for Car Handle (the D324 Patent). The D324 Patent
25 covers the ornamental design of the CAR CANE product. The D324 Patent validly
26 and legally issued on November 17, 2015. A true and correct copy of the D324
27 Patent is attached hereto as Exhibit 1.
28
-5-
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 6 of 48 Page ID #:6
1 21. Emson has provided the public with constructive notice of its patent
2 rights pursuant to 35 U.S.C. 287.
3 22. Emson is the sole owner of all right, title, and interest in United States
4 Trademark Registration No. 4,924,669 (the 669 Registration) for the colors
5 black and red applied in combination to the surface of a non-mechanized hand-held
6 device in the nature of a handle adapted for insertion into the striker pin opening of
7 vehicle to help a person getting in or out of vehicle, (the CAR CANE Design
8 Trademark) as shown in the registration. The 669 Registration duly and validly
9 issued on March 22, 2016. A true and correct copy of the 669 Registration is
10 attached hereto as Exhibit 2.
11 23. Emson has created packaging including text, graphics and photos to
12 use in advertising and marketing the CAR CANE device, which is protected by the
13 copyright laws of the United States. Emson owns all right, title and interest in and
14 to U.S. Copyright Registration No. VA 1-969-939 for Car Cane Packaging (Item
15 9663G-1) (CAR CANE Packaging Work), which duly and validly issued on
16 August 11, 2016. A true and correct copy of said registration with deposit is
17 attached hereto as Exhibit 3.
18 24. The CAR CANE Packaging Work is original and protectable subject
19 matter.
20 II. INFRINGEMENT OF EMSONS CAR CANE
21 INTELLECTUAL PROPERTY
22 25. During relevant times, PGM has imported, offered for sale, sold, and
23 distributed an automotive assistance device under the name ETERNAL 3-in-1
24 Portable Auto Handle (the ETERNAL Auto Handle), throughout the United
25 States and in this judicial district.
26 26. PGM markets, advertises, sells and distributes ETERNAL Auto
27 Handle in interstate commerce in competition with Emsons CAR CANE.
28
-6-
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 7 of 48 Page ID #:7
1 35. Emson is informed and believes and thereon alleges that PGM is using
2 its infringing mark in an attempt to associate its product with Emson and the CAR
3 CANE Design Trademark, to cause mistake or deception as to the source of PGMs
4 product, and/or to otherwise trade upon Emsons valuable reputation and customer
5 goodwill in the CAR CANE Design Trademark.
6 36. The ETERNAL Auto Handle device duplicates and thereby infringes
7 the CAR CANE Trade Dress.
8 37. Emsons use of the CAR CANE Trade Dress began long prior to any
9 use of that trade dress by PGM.
10 38. PGMs unauthorized use of its infringing trade dress is likely to cause
11 confusion, mistake, or deception in the marketplace and in the minds of consumers
12 about the source or sponsorship of the ETERNAL Auto Handle.
13 39. Emson is informed and believes and thereon alleges that PGMs
14 unauthorized use of its infringing trade dress is intended to trade upon the goodwill
15 and substantial recognition associated with Emson and the CAR CANE Trade
16 Dress.
17 40. Emson is informed and believes and thereon alleges that PGM is using
18 its infringing trade dress in an attempt to associate its product with Emson and the
19 CAR CANE Trade Dress, to cause mistake or deception as to the source of PGMs
20 product, and/or to otherwise trade upon Emsons valuable reputation and customer
21 goodwill in the CAR CANE Trade Dress.
22 41. As seen in Exhibit 4, the packaging of the ETERNAL Auto Handle
23 incorporates an exact copy of a portion of the CAR CANE Packaging Work,
24 particularly, a photo of a CAR CANE device placed in the striker of a vehicle for
25 use.
26 42. PGM had access to the copyrighted work prior to the creation of its
27 own packaging, in that the CAR CANE Packaging Work is featured in Emsons
28 CAR CANE packaging, and constituent images are featured on Emsons website at
-8-
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 9 of 48 Page ID #:9
1 56. Emson has provided the public with constructive notice of its patent
2 rights pursuant to 35 U.S.C. 287.
3 IV. INFRINGEMENT OF EMSONS TACLIGHT LANTERN
4 INTELLECTUAL PROPERTY
5 57. During relevant times, PGM has imported, offered for sale, sold and
6 distributed a collapsible lantern under the name ETERNAL 3-Way Powered Solar
7 LED Lantern (the ETERNAL Lantern) throughout the United States and in this
8 judicial district.
9 58. PGM markets, advertises, sells and distributes ETERNAL Lantern in
10 interstate commerce in competition with Emsons TACLIGHT Lantern.
11 59. The ETERNAL Lantern is a collapsible lantern comprising a base
12 adapted to house a power source (batteries); a telescoping portion movable, relative
13 to said base, between an extended position and a collapsed position, said
14 telescoping portion including a light source (LEDs); and a switch electrically
15 connected between the power source and said light source; wherein said switch
16 interrupts the electrical connection between the power source and said light source
17 when said telescoping portion is in the collapsed position.
18 60. The ETERNAL Lantern infringes claim 1 of the 094 Patent.
19 61. PGM is competing unfairly with Emson by willfully and extensively
20 copying and infringing Emsons TACLIGHT Lantern intellectual property in the
21 design of ETERNAL Lantern.
22 62. Emson is informed and believes and thereon alleges that Valdez
23 knowingly, willfully, and actively induced, planned, promoted, caused, directed,
24 controlled, assisted with, and benefited from, PGMs acts of infringement of the
25 094 Patent as alleged herein, and continues to do so.
26 63. Emson is informed and believes and thereon alleges that Gong
27 knowingly, willfully, and actively induced, planned, promoted, caused, directed,
28
- 11 -
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 12 of 48 Page ID #:12
1 controlled, assisted with, and benefited from, PGMs acts of infringement of the
2 094 Patent intellectual property as alleged herein, and continues to do so.
3 64. Defendants have and had no license or authorization from Emson to
4 perform any of the acts alleged herein.
5 65. Defendants acts are willful, intentional and malicious.
6 66. Defendants acts complained of herein have caused Emson to suffer
7 irreparable injury to its business. Emson will continue to suffer substantial loss and
8 irreparable injury unless and until Defendants are enjoined from their wrongful
9 actions complained of herein. Emson has no adequate remedy at law.
10 V. EMSONS TACLIGHT FLASHLIGHT INTELLECTUAL PROPERTY
11 67. Emson markets and sells a tactical flashlight under the trademark
12 TACLIGHT (the TACLIGHT Flashlight).
13 68. Emson advertises the TACLIGHT Flashlight throughout the United
14 States including via television infomercials and Internet websites.
15 69. Emson is the sole owner of all right, title, and interest in United States
16 Patent No. 7,434,955 for Flashlight system (the 955 Patent). The 955 Patent
17 validly and legally issued on October 14, 2008. A true and correct copy of the 955
18 Patent is attached hereto as Exhibit 7.
19 70. Claim 17 of the 955 Patent reads as follows: In a flashlight having a
20 light source the improvement comprising: said light source having a single finger
21 operated push button switch, said switch changes from mode to mode by a unitary
22 depression of the push button, which steps the flashlight through all modes of
23 operation comprising a first mode of visually continuous illumination and a second
24 mode of discontinuous illumination utilizing said push button switch.
25 71. Emson has provided the public with constructive notice of its patent
26 rights pursuant to 35 U.S.C. 287.
27 72. Emson has created images to use in advertising and marketing the
28 TACLIGHT Flashlight, which are protected by the copyright laws of the United
- 12 -
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 13 of 48 Page ID #:13
1 States. Emson owns all right, title and interest in and to U.S. Copyright
2 Registration No. VA 2-039-360 for Taclight Published Group of Photos (3)
3 (May 7, 2016)) (TACLIGHT Photos Work), which duly and validly issued on
4 August 11, 2016. A true and correct copy of said registration with deposit is
5 attached hereto as Exhibit 8.
6 73. The photos of the TACLIGHT Photos Work are used by Emson on its
7 TACLIGHT website at https://www.trytaclight.com/, inter alia.
8 74. TACLIGHT Photos Work is original and protectable subject matter.
9 VI. INFRINGEMENT OF EMSONS TACLIGHT FLASHLIGHT
10 INTELLECTUAL PROPERTY
11 75. During relevant times, PGM has been importing, offering for sale,
12 distributing and selling a tactical flashlight under the name ETERNAL Tactical
13 Light (the ETERNAL Flashlight) throughout the United States and in this judicial
14 district. Exhibit 9 hereto is a true and correct copy of the front and back of the
15 packaging of the ETERNAL Flashlight.
16 76. PGM markets, advertises, sells and distributes ETERNAL Flashlight
17 in interstate commerce in competition with Emsons TACLIGHT Flashlight.
18 77. The ETERNAL Flashlight is a flashlight having a light source, said
19 light source having a single finger operated push button switch, said switch changes
20 from mode to mode by a unitary depression of the push button, which steps the
21 flashlight through all modes of operation comprising a first mode of visually
22 continuous illumination and a second mode of discontinuous illumination utilizing
23 said push button switch.
24 78. The ETERNAL Flashlight infringes claim 17 of the 955 Patent.
25 79. As seen in Exhibit 9, the packaging of the Eternal Flashlight
26 incorporates an exact copy of one of the Emson photos that is the subject of the
27 TACLIGHT Photos Work, particularly, a photo of a flashlight frozen in a block of
28 ice while still illuminated, which is original and protectable subject matter.
- 13 -
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 14 of 48 Page ID #:14
1 80. PGM had access to the copyrighted work prior to the creation of its
2 own packaging, in that the copyrighted photos were featured on Emsons
3 TACLIGHT website at https://www.trytaclight.com/, inter alia. The similarity is
4 so exact as to preclude any possibility that the image on PGMs packaging was not
5 copied from Emsons copyrighted work.
6 81. The packaging of the ETERNAL Flashlight infringes Emsons
7 registered copyright in the TACLIGHT Photos Work by its copying of original and
8 protectable subject matter from the work.
9 82. PGM is competing unfairly with Emson by willfully and extensively
10 copying and infringing Emsons TACLIGHT intellectual property, i.e. the 955
11 Patent and TACLIGHT Photos Work in the design, operation, packaging, and
12 marketing of ETERNAL Flashlight.
13 83. Emson is informed and believes and thereon alleges that Valdez
14 knowingly, willfully, and actively induced, planned, promoted, caused, directed,
15 controlled, assisted with, and benefited from, PGMs acts of infringement of the
16 TACLIGHT Flashlight intellectual property as alleged herein, and continues to do
17 so.
18 84. Emson is informed and believes and thereon alleges that Gong
19 knowingly, willfully, and actively induced, planned, promoted, caused, directed,
20 controlled, assisted with, and benefited from, PGMs acts of infringement of the
21 TACLIGHT Flashlight intellectual property as alleged herein, and continues to do
22 so.
23 85. Defendants have and had no license or authorization from Emson to
24 perform any of the acts alleged herein.
25 86. Defendants acts are willful, intentional and malicious.
26 87. Defendants acts complained of herein have caused Emson to suffer
27 irreparable injury to its business. Emson will continue to suffer substantial loss and
28
- 14 -
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 15 of 48 Page ID #:15
1 irreparable injury unless and until Defendants are enjoined from their wrongful
2 actions complained of herein. Emson has no adequate remedy at law.
3 VII. EMSONS PERSONAL PEDI INTELLECTUAL PROPERTY
4 88. Emson markets and sells a pedicure device (the PERSONAL PEDI
5 device) under the trademark PERSONAL PEDI BY LAURANT and a stylized
6 form of the trademark.
7 89. The stylized form of the PERSONAL PEDI BY LAURANT trademark
8 is registered on the Principal Register of the U.S. Patent and Trademark Office, No.
9 4,757,546 (the 546 Registration), for Apparatus for body and beauty care,
10 namely, hand-held battery powered or rechargeable callus remover for cosmetic
11 treatment of skin. The 546 Registration duly and validly issued on June 16, 2015.
12 A true and correct copy of the 546 Registration is attached hereto as Exhibit 10.
13 90. Emson is the owner of all right, title and interest in and to the
14 common-law trademark PERSONAL PEDI BY LAURANT and the 546
15 Registration (collectively the PERSONAL PEDI Trademarks).
16 91. Emson manufactures and sells the PERSONAL PEDI device in
17 packaging having distinctive trade dress (the PERSONAL PEDI Packaging Trade
18 Dress). Photographs of the front and back of Emsons PERSONAL PEDI product
19 in its distinctive packaging are attached hereto as Exhibit 11.
20 92. As a result of Emsons widespread use and display of the
21 PERSONAL PEDI Packaging Trade Dress in association with its PERSONAL
22 PEDI product, (a) the public has come to recognize and identify product bearing the
23 PERSONAL PEDI Packaging Trade Dress as emanating from Emson, (b) the
24 public recognizes that products bearing the PERSONAL PEDI Packaging Trade
25 Dress constitute high quality products that conform to the specifications created by
26 Emson, and (c) the PERSONAL PEDI Packaging Trade Dress has established
27 strong secondary meaning and extensive goodwill.
28
- 15 -
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 16 of 48 Page ID #:16
1 93. The PERSONAL PEDI Packaging Trade Dress is not functional. The
2 design features embodied by the PERSONAL PEDI Packaging Trade Dress are not
3 essential to its function of the product, do not make the product cheaper or easier to
4 manufacture, and do not affect the quality of the product. The design of the
5 PERSONAL PEDI Packaging Trade Dress is not a competitive necessity.
6 94. Emson has created packaging including text, graphics and photos to
7 use in advertising and marketing the PERSONAL PEDI device, which are protected
8 by the copyright laws of the United States. Emson owns all right, title and interest
9 in and to U.S. Copyright Registration No. VA 1-969-938 for Personal Pedi
10 Packaging (PERSONAL PEDI Packaging Work), which duly and validly issued
11 on June 30, 2015. A true and correct copy of said registration with deposit is
12 attached hereto as Exhibit 12.
13 VIII. INFRINGEMENT OF EMSONS PERSONAL PEDI
14 INTELLECTUAL PROPERTY
15 95. During relevant times, PGM has been importing, offering for sale,
16 distributing and selling a pedicure device under the name ETERNAL PERSONAL
17 PEDISMOOTH (the ETERNAL Pedicure Device) throughout the United States
18 and in this judicial district. Exhibit 13 hereto is a true and correct copy of the front
19 and back of the packaging of the ETERNAL Pedicure Device.
20 96. PGM markets, advertises, sells and distributes ETERNAL Pedicure
21 Device in interstate commerce in competition with Emsons PERSONAL PEDI
22 device.
23 97. The packaging of the ETERNAL Pedicure Device is overall
24 substantially similar to the copyrighted PERSONAL PEDI Packaging Work.
25 98. Details of the front of PERSONAL PEDI Packaging Work are
26 copied, substantially or exactly, in the front of packaging of the ETERNAL
27 Pedicure Device, including without limitation: the placement, position, and
28 selection of text, graphics and photos over the blue background gradient as in the
- 16 -
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 17 of 48 Page ID #:17
1 Emson packaging; the array of before-and-after photos; the circular blue graphic
2 containing a starburst and the text BATTERY OPERATED 2500 RPM over the
3 words REQUIRES 2 AA BATTERIES (Not Included) including the font
4 selection, placement, arrangement and colors; the text BONUS BUFFING
5 LAYER and Leaves Skin Smooth & Polished including the font selection,
6 placement, arrangement and colors; the text Includes Personal Pedi (1) Remover
7 Roller (1) Buffing Roller (1) Cleaning Brush including the font selection,
8 placement, arrangement and colors; the text REMOVES CALLUSES,
9 WATERPROOF, BUFFS AWAY DRY SKIN, with triangular bullets, including
10 the font selection, placement, arrangement and colors; the text BEAUTIFUL
11 FEET IN MINUTES A DAY! including the placement near the top of the
12 packaging, and colors; the use of a demonstration photo in which a model
13 demonstrates use of the device is similarly posed and is in a window with a circular
14 left border, positioned as in the Emson packaging.
15 99. Details of the back of PERSONAL PEDI Packaging Work are copied,
16 substantially or exactly, in the front of packaging of the ETERNAL Pedicure
17 Device, including without limitation: the placement, position, and selection of text,
18 graphics and photos over the blue background gradient as in the Emson packaging;
19 the circular blue graphic containing a starburst and the text FONCTIONNANT
20 SUR BATTERIES 2500 tr/mn including the font selection, placement,
21 arrangement and colors; the words REQUIRES 2 AA BATTERIES (Not
22 Included), including the font selection, placement, arrangement and colors; the text
23 ROULEAU POLISSEUR EN PRIME and Laisse la peau douce et lisse
24 including the font selection, placement, arrangement and colors; the photo of a
25 replacement roller; the text ELIMINE LES CALLOSITS, HYDROFUGE,
26 ENLVE LA PEAU SCHE, with triangular bullets, including the font selection,
27 placement, arrangement and colors; the text QUELQUES MINUTES PAR JOUR
28 POUR DE BEAUX PIEDS including the placement near the top of the packaging,
- 17 -
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 18 of 48 Page ID #:18
1 and colors; the use of a demonstration photo in which a model demonstrates use of
2 the device is similarly posed and is in a window with a circular left border,
3 positioned as in the Emson packaging; the photo of a pedicure device positioned
4 over the demonstration photo as in the Emson packaging, and in the infringing
5 packaging Emsons trademark has been crudely edited out of the device photo.
6 100. PGM had access to the copyrighted work prior to the creation of its
7 own packaging, in that the PERSONAL PEDI Packaging Work was in the
8 marketplace long prior to PGMs creation of its own packaging, inter alia. The
9 similarity is so exact as to preclude any possibility that the ETERNAL Pedicure
10 Device packaging was not copied from Emsons copyrighted packaging.
11 101. The packaging of the ETERNAL Pedicure Device infringes Emsons
12 copyright in the PERSONAL PEDI Packaging Work.
13 102. The packaging of the ETERNAL Pedicure Device bears Emsons
14 PERSONAL PEDI BY LAURANTs trademark in two places, in the stylized form,
15 which also incorporates the plain form of the trademark.
16 103. Emsons use of PERSONAL PEDI BY LAURANT in both plain and
17 stylized forms began long prior to any use of those marks by PGM.
18 104. PGMs unauthorized use of its infringing mark is likely to cause
19 confusion, mistake, or deception in the marketplace and in the minds of consumers
20 about the source or sponsorship of the ETERNAL Pedicure Device.
21 105. Emson is informed and believes and thereon alleges that PGMs
22 unauthorized use of its infringing mark is intended to trade upon the goodwill and
23 substantial recognition associated with Emson and the PERSONAL PEDI
24 Trademarks.
25 106. Emson is informed and believes and thereon alleges that PGM is using
26 its infringing mark in an attempt to associate its product with Emson and the
27 PERSONAL PEDI Trademarks, to cause mistake or deception as to the source of
28
- 18 -
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 19 of 48 Page ID #:19
1 PGMs product, and/or to otherwise trade upon Emsons valuable reputation and
2 customer goodwill in the PERSONAL PEDI Trademarks.
3 107. The ETERNAL Pedicure Device is packaged in trade dress that is
4 confusingly similar to the PERSONAL PEDI Packaging Trade Dress.
5 108. PGM did not begin using its infringing trade dress in connection with
6 the ETERNAL Pedicure Device until long after Emson began using the
7 PERSONAL PEDI Packaging Trade Dress.
8 109. PGMs unauthorized use of its infringing trade dress is likely to cause
9 confusion, mistake, or deception in the marketplace and in the minds of consumers
10 about the source or sponsorship of the ETERNAL Pedicure Device.
11 110. Emson is informed and believes and thereon alleges that PGMs
12 unauthorized use of its infringing trade dress is intended to trade upon the goodwill
13 and substantial recognition associated with Emson and the PERSONAL PEDI
14 Packaging Trade Dress.
15 111. Emson is informed and believes and thereon alleges that PGM is using
16 its infringing trade dress in an attempt to associate its product with Emson and the
17 PERSONAL PEDI Packaging Trade Dress, to cause mistake or deception as to the
18 source of PGMs product, and/or to otherwise trade upon Emsons valuable
19 reputation and customer goodwill in the PERSONAL PEDI Packaging Trade Dress.
20 112. PGM is competing unfairly with Emson by willfully and extensively
21 copying and infringing Emsons PERSONAL PEDI intellectual property in the
22 design, packaging, and marketing of ETERNAL Pedicure Device.
23 113. Emson is informed and believes and thereon alleges that Valdez
24 knowingly, willfully, and actively induced, planned, promoted, caused, directed,
25 controlled, assisted with, and benefited from, PGMs acts of infringement of the
26 PERSONAL PEDI intellectual property as alleged herein, and continues to do so.
27 114. Emson is informed and believes and thereon alleges that Gong
28 knowingly, willfully, and actively induced, planned, promoted, caused, directed,
- 19 -
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 20 of 48 Page ID #:20
1 controlled, assisted with, and benefited from, PGMs acts of infringement of the
2 PERSONAL PEDI intellectual property as alleged herein, and continues to do so.
3 115. Defendants have and had no license or authorization from Emson to
4 perform any of the acts alleged herein.
5 116. Defendants acts are willful, intentional and malicious.
6 117. Defendants acts complained of herein have caused Emson to suffer
7 irreparable injury to its business. Emson will continue to suffer substantial loss and
8 irreparable injury unless and until Defendants are enjoined from their wrongful
9 actions complained of herein. Emson has no adequate remedy at law.
10
11 IX. EMSONS GOTHAM STEEL INTELLECTUAL PROPERTY
12 118. Emson markets and sells a line of cookware including pots, pans and
13 crisper baskets (the GOTHAM STEEL Cookware) under the trademark
14 GOTHAM STEEL.
15 119. Emson has created certain images (the GOTHAM STEEL Image
16 Works) to use in packaging, advertising and marketing the GOTHAM STEEL
17 Cookware, which are protected by the copyright laws of the United States. A true
18 and correct copy of the GOTHAM STEEL Image Works is attached as Exhibit 14.
19 120. The GOTHAM STEEL Image Works include: A: GOTHAM STEEL
20 Pan with Rustic Breakfast, B: GOTHAM STEEL Pan with Salmon, C: GOTHAM
21 STEEL Pan with Potatoes, D: GOTHAM STEEL Pan with Eggs, E: GOTHAM
22 STEEL 10-Piece Set, F: GOTHAM STEEL 10-Piece Set on Shelves, G: GOTHAM
23 STEEL 10-Piece Set on Table, H: GOTHAM STEEL Crisper Tray with Fries, I:
24 GOTHAM STEEL Crisper Tray with Chicken.
25 121. Prior to filing this Complaint, Emson filed applications with the United
26 States Copyright Office to register the copyright in the GOTHAM STEEL Image
27 Works, thereby satisfying the requirement of registration prior to bringing an action
28
- 20 -
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 21 of 48 Page ID #:21
1 for copyright infringement. True and correct copies of said registrations are
2 attached hereto as Exhibit 15.
3 122. Emson owns all right, title and interest in and to U.S. Copyright
4 Registration No. VA 2-067-128 for GOTHAM STEEL Pan with Rustic
5 Breakfast, which duly and validly issued on September 14, 2017. A true and
6 correct copy of said registration with deposit is attached hereto as Exhibit 16.
7 123. The GOTHAM STEEL Image Works are original and protectable
8 subject matter.
9 X. INFRINGEMENT OF EMSONS GOTHAM STEEL
10 INTELLECTUAL PROPERTY
11 124. During relevant times, PGM has been importing, offering for sale,
12 distributing and selling a line of cookware including pots, pans and crisper baskets
13 (the ETERNAL Cookware) under the trademark ETERNAL.
14 125. PGM markets, advertises, sells and distributes ETERNAL Cookware
15 in interstate commerce in competition with Emsons GOTHAM STEEL Cookware.
16 126. The ETERNAL Cookware includes an 11-in pan and a 12.5-inch pan
17 (the ETERNAL 11-In Pan and ETERNAL 12.5-Inch Pan).
18 127. Exhibit 17 is a true and correct photograph of the ETERNAL 11-In
19 Pan.
20 128. As seen in Exhibit 17, the packaging of the ETERNAL 11-In Pan
21 includes a slip sheet bearing an image which is cropped, horizontally flipped copy
22 of GOTHAM STEEL Pan with Rustic Breakfast, and a cropped copy of GOTHAM
23 STEEL Pan with Salmon.
24 129. Exhibit 18 is a true and correct photograph of the ETERNAL 12.5-In
25 Pan.
26 130. As seen in Exhibit 18, the packaging of the ETERNAL 12.5-In Pan
27 includes a slip sheet bearing an image which is cropped, horizontally flipped copy
28
- 21 -
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 22 of 48 Page ID #:22
1 of GOTHAM STEEL Pan with Rustic Breakfast, and a cropped copy of GOTHAM
2 STEEL Pan with Salmon.
3 131. The ETERNAL Cookware includes a 10-piece set (the ETERNAL
4 10-Piece Set).
5 132. Exhibit 19 is a collection of true and correct photographs of views of
6 the packaging of the ETERNAL 10-Piece Set.
7 133. As seen in Exhibit 19, the packaging of the ETERNAL 10-Piece Set
8 includes three cropped copies of GOTHAM STEEL Pan with Salmon, and two
9 copies of an image of arranged pans and lids which is substantially similar to
10 GOTHAM STEEL 10-Piece Set Arrangement.
11 134. The ETERNAL Cookware includes a crisper basket and tray set (the
12 ETERNAL Copper Crisper Tray).
13 135. Exhibit 20 is a collection of true and correct photographs of views of
14 the packaging of the ETERNAL Copper Crisper Tray.
15 136. As seen in Exhibit 20, the packaging of the ETERNAL Copper Crisper
16 Tray includes two horizontally flipped copies of GOTHAM STEEL Crisper Tray
17 with Fries and one cropped copy of GOTHAM STEEL Crisper Tray with Chicken.
18 137. PGM maintains a website at URL http://www.pgmgroupusa.com for
19 marketing the ETERNAL Cookware.
20 138. Exhibit 21 is a true and correct copy of captures of PGMs webpage
21 for marketing the ETERNAL 11-In Pan, at URL
22 http://www.pgmgroupusa.com/product/11-copper-pan/, captured September 5,
23 2017.
24 139. As seen in Exhibit 21, the webpage includes cropped copies of
25 GOTHAM STEEL Pan with Rustic Breakfast, GOTHAM STEEL Pan with
26 Potatoes (flipped horizontally), and GOTHAM STEEL Pan with Eggs (flipped
27 horizontally). Additionally, the web page states that the product is Like on TV.
28
- 22 -
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 23 of 48 Page ID #:23
1 FIRST CLAIM
2 Infringement of U.S. Patent No. D743,324
3 (Against all Defendants)
4 (35 U.S.C. 271)
5 155. Emson repeats and re-alleges the allegations of paragraphs 1-154 of
6 this Complaint as if set forth fully herein.
7 156. This is a claim for patent infringement under 35 U.S.C. 271.
8 157. PGM, through its agents, employees, and servants has, and continues
9 to, knowingly, intentionally, and willfully infringe the D324 Patent by making,
10 using, selling, offering for sale, and/or importing automotive assistance devices
11 having a design that appears to an ordinary observer to be claimed design of the
12 D324 Patent, including for example, PGMs ETERNAL Auto Handle.
13 158. Valdez and Gong have knowingly, willfully, and actively induced,
14 planned, promoted, caused, directed, controlled, assisted with, and benefited from
15 PGMs infringement of the D324 Patent.
16 159. Defendants acts of infringement of the D324 Patent were without
17 permission or license from Emson. Emson is informed and believes and thereon
18 that Defendants had actual knowledge of Emsons rights in the design claimed in
19 the D324 Patent. Accordingly, Defendants actions constitute willful and
20 intentional infringement of the D324 Patent. Defendants infringed the D324 Patent
21 with reckless disregard of Emsons patent rights. Defendants knew, or it was so
22 obvious that Defendants should have known, that its actions constituted
23 infringement of the D324 Patent.
24 160. As a direct and proximate result of Defendants acts of infringement,
25 Defendants have derived and received gains, profits, and advantages in an amount
26 that is not presently known to Emson.
27
28
- 25 -
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 26 of 48 Page ID #:26
1 176. This is a claim for unfair competition and trade dress infringement
2 under 15 U.S.C. 1125(a).
3 177. Subsequent to Emsons use and adoption of the CAR CANE Trade
4 Dress, Defendant has developed, manufactured, imported, advertised, and/or sold
5 products that use trade dress that is confusingly similar to the CAR CANE Trade
6 Dress including the ETERNAL Auto Handle.
7 178. Defendants use of the CAR CANE Trade Dress in connection with its
8 ETERNAL Auto Handle is likely to cause confusion, or to cause mistake, or to
9 deceive as to the affiliation, connection, or association of Defendants with Emson.
10 179. Emson is informed and believes and thereon alleges that Defendants
11 acts of trade dress infringement were undertaken willfully with the express intent to
12 cause confusion, and to mislead and deceive the purchasing public.
13 180. Emson is informed and believes and thereon alleges that Defendant
14 has derived and received, and will continue to derive and receive, gains, profits, and
15 advantages from Defendants trade dress infringement in an amount that is not
16 presently known to Emson. By reason of Defendants actions, constituting trade
17 dress infringement, Emson has been damaged and is entitled to monetary relief in
18 an amount to be determined at trial.
19 181. Due to Defendants actions, constituting trade dress infringement,
20 Emson has suffered and continues to suffer great and irreparable injury, for which
21 Emson has no adequate remedy at law.
22 182. Pursuant to 15 U.S.C. 1117, Emson is entitled to Defendants profits,
23 damages for Defendants infringing acts, up to three times actual damages as fixed
24 by this Court, and its reasonable attorneys fees for the necessity of bringing this
25 claim.
26
27
28
- 28 -
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 29 of 48 Page ID #:29
1 FOURTH CLAIM
2 Copyright Infringement of CAR CANE Packaging Work
3 (Against all Defendants)
4 (17 U.S.C. 501)
5 183. Emson repeats and re-alleges the allegations of paragraphs 1-154 of
6 this Complaint as if set forth fully herein.
7 184. Emson is informed and believes and thereon alleges that Defendants,
8 and each of them, had access to the CAR CANE Packaging Work.
9 185. Emson is informed and believes and thereon alleges that Defendants,
10 and each of them, infringed Emson's copyright in the CAR CANE Packaging Work
11 by creating, making and/or developing directly infringing and/or derivative works
12 from the CAR CANE Packaging Work and by producing, distributing and/or
13 selling the ETERNAL Auto Handle in packaging which infringes the CAR CANE
14 Packaging Work.
15 186. Emson is informed and believes and thereon alleges that Defendants,
16 and each of them, are vicariously liable for the infringement alleged herein because
17 they had the right and ability to supervise the infringing conduct and because they
18 had a direct financial interest in the infringing conduct.
19 187. Emson is informed and believes and thereon alleges that Defendants
20 knowingly induced, participated in, aided and abetted in and profited from the
21 illegal reproduction and/or subsequent sales of product featuring the CAR CANE
22 Packaging Work as alleged hereinabove.
23 188. Due to Defendants' acts of infringement, Emson has suffered
24 substantial damages to its business in an amount to be established at trial.
25 189. Due to Defendants' acts of infringement, Emson has suffered general
26 and special damages in an amount to be established at trial.
27 190. Due to Defendants' acts of copyright infringement as alleged herein,
28 Defendants, and each of them, have obtained direct and indirect profits they would
- 29 -
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 30 of 48 Page ID #:30
1 not otherwise have realized but for their infringement of the CAR CANE Packaging
2 Work. As such, Emson is entitled to disgorgement of Defendants' profits directly
3 and indirectly attributable to Defendants' infringement of the CAR CANE
4 Packaging Work in an amount to be established at trial.
5 191. Emson is informed and believes and thereon alleges that the
6 infringement of the CAR CANE Packaging Work was willful, reckless, and/or in
7 blatant disregard for Emsons rights as a copyright holder, and as such, claims
8 willful, exemplary and enhanced statutory damages.
9 FIFTH CLAIM
10 Infringement of U.S. Patent No. 6,030,094
11 (Against all Defendants)
12 (35 U.S.C. 271)
13 192. Emson repeats and re-alleges the allegations of paragraphs 1-154 of
14 this Complaint as if set forth fully herein.
15 193. This is a claim for patent infringement under 35 U.S.C. 271.
16 194. PGM, through its agents, employees, and servants has, and continues
17 to, knowingly, intentionally, and willfully infringe the 094 Patent by making,
18 using, selling, offering for sale, and/or importing collapsible lanterns which infringe
19 the 094 Patent, including for example, PGMs ETERNAL 3-Way Powered Solar
20 LED Lantern. Valdez and Gong have knowingly, willfully, and actively induced,
21 planned, promoted, caused, directed, controlled, assisted with, and benefited from
22 PGMs infringement of the 094 Patent.
23 195. Defendants acts of infringement of the 094 Patent were without
24 permission or license from Emson. Emson is informed and believes and thereon
25 alleges that Defendants had actual knowledge of Emsons rights in the 094 Patent.
26 Accordingly, Defendants actions constitute willful and intentional infringement of
27 the 094 Patent. Defendants infringed the 094 Patent with reckless disregard of
28
- 30 -
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 31 of 48 Page ID #:31
1 Pedicure Device that bear the PERSONAL PEDI BY LAURANT in stylized form
2 registered as U.S. Trademark Reg. No. 4,757,546.
3 204. The Defendants use of the stylized form of the PERSONAL PEDI BY
4 LAURANT mark includes the plain text form.
5 205. The use of the PERSONAL PEDI Trademarks in Defendants
6 ETERNAL Pedicure Device is likely to cause confusion in the marketplace.
7 206. The Defendants use of the stylized form of the PERSONAL PEDI BY
8 LAURANT mark constitutes trademark counterfeiting under 15 U.S.C. 1116.
9 207. Defendants use of the infringing marks is without Emsons consent in
10 a manner that infringes upon Emsons rights in the PERSONAL PEDI Trademarks
11 in violation of 15 U.S.C. 1114.
12 208. Defendants activities constitute willful and intentional counterfeiting
13 and infringement of the PERSONAL PEDI Trademarks, and were done despite
14 Defendants knowledge that the use of the PERSONAL PEDI Trademarks was and
15 is in direct contravention of Emsons rights.
16 209. Emson is informed and believes and thereon alleges that Defendant did
17 so with the intent to unfairly compete with Emson, to trade upon Emsons
18 reputation and goodwill by causing confusion and mistake among customers and
19 the public, and to deceive the public into believing that Defendants products are
20 associated with, sponsored by, originate from, or are approved by Emson, when
21 they are not.
22 210. Defendant has derived and received, and will continue to derive and
23 receive, gains, profits, and advantages from the unauthorized use of the
24 PERSONAL PEDI Trademarks in an amount that is not presently known to Emson.
25 By reason of Defendants actions, constituting unauthorized use of the PERSONAL
26 PEDI Trademarks, Emson has been damaged and is entitled to monetary relief in an
27 amount to be determined at trial.
28
- 32 -
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 33 of 48 Page ID #:33
1 NINTH CLAIM
2 Infringement of U.S. Patent No. 7,434,955
3 (Against all Defendants)
4 (35 U.S.C. 271)
5 231. Emson repeats and re-alleges the allegations of paragraphs 1-154 of
6 this Complaint as if set forth fully herein.
7 232. This is a claim for patent infringement under 35 U.S.C. 271.
8 233. PGM, through its agents, employees, and servants has, and continues
9 to, knowingly, intentionally, and willfully infringe the 955 Patent by making,
10 using, selling, offering for sale, and/or importing flashlights which infringe the 955
11 Patent, including for example, PGMs ETERNAL Flashlight. Valdez and Gong
12 have knowingly, willfully, and actively induced, planned, promoted, caused,
13 directed, controlled, assisted with, and benefited from PGMs infringement of the
14 955 Patent.
15 234. Defendants acts of infringement of the 955 Patent were without
16 permission or license from Emson. Emson is informed and believes and thereon
17 alleges that Defendants had actual knowledge of Emsons rights in the 955 Patent.
18 Accordingly, Defendants actions constitute willful and intentional infringement of
19 the 955 Patent. Defendants infringed the 955 Patent with reckless disregard of
20 Emsons patent rights. Defendants knew, or it was so obvious that Defendants
21 should have known, that its actions constituted infringement of the 955 Patent.
22 235. As a direct and proximate result of Defendants acts of infringement,
23 Defendants have derived and received gains, profits, and advantages in an amount
24 that is not presently known to Emson.
25 236. Pursuant to 35 U.S.C. 284, Emson is entitled to damages for
26 Defendants infringing acts and treble damages together with interests and costs as
27 fixed by this Court.
28
- 36 -
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 37 of 48 Page ID #:37
1 TWELFTH CLAIM
2 Federal Unfair Competition
3 (Against all Defendants)
4 (15 U.S.C. 1125(a))
5 258. Emson repeats and re-alleges the allegations of paragraphs 1-154 of
6 this Complaint as if set forth fully herein.
7 259. This is a claim for unfair competition of origin arising under 15 U.S.C.
8 1125(a).
9 260. Defendants' use and infringement of the CAR CANE intellectual
10 property, TACLIGHT Lantern intellectual property, TACLIGHT Flashlight
11 intellectual property, PERSONAL PEDI intellectual property, and GOTHAM
12 STEEL intellectual property, all in competition with Emson in interstate commerce
13 and without Emsons consent constitutes a false designation of origin, false or
14 misleading description of fact, or false or misleading representation of fact, which
15 is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation,
16 connection, or
17 261. Such conduct by Defendant is likely to confuse, mislead, and deceive
18 Defendants customers, purchasers, and members of the public as to the origin of
19 the intellectual property or cause said persons to believe that PGM and/or its
20 products have been sponsored, approved, authorized, or licensed by Emson or are in
21 some way affiliated or connected with Emson, all in violation of 15 U.S.C.
22 1125(a) and constitutes unfair competition with Emson.
23 262. Emson is informed and believes and thereon alleges that Defendants'
24 actions were undertaken willfully and intentionally and with full knowledge of
25 Emson's rights.
26 263. Emson is informed and believes and thereon alleges that Defendants
27 have derived and received, and will continue to derive and receive, unlawful gains,
28
- 40 -
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 41 of 48 Page ID #:41
1 profits, and advantages from their unfair competition in an amount that is not
2 presently known to Emson.
3 264. By reason of Defendants' unfair competition, Emson has been
4 damaged and is entitled to monetary relief in an amount to be determined at trial.
5 265. Due to Defendants' unfair competition, Emson has suffered and
6 continues to suffer great and irreparable injury, for which Emson has no adequate
7 remedy at law.
8 266. Pursuant to 15 U.S.C. 1117, Emson is entitled to damages for
9 Defendants' acts constituting unfair competition, up to three times actual damages
10 as fixed by this Court, and its reasonable attorneys fees for the necessity of
11 bringing this claim.
12 THIRTEENTH CLAIM FOR RELIEF
13 (Against all Defendants)
14 (California Common Law Trademark Infringement)
15 267. Emson repeats and re-alleges the allegations of paragraphs 1-154 of
16 this Complaint as if set forth fully herein.
17 268. This is a claim for trademark infringement, arising under California
18 common law.
19 269. Defendants unauthorized use of the CAR CANE Design Trademark,
20 and PERSONAL PEDI Trademarks constitute trademark infringement under
21 California common law. Defendants acts complained of herein are willful and
22 deliberate and committed with knowledge that Defendants unauthorized use of the
23 CAR CANE Design Trademark, and PERSONAL PEDI Trademarks causes a
24 likelihood of confusion.
25 270. Emson is informed and believes, and thereon alleges, that Defendants
26 have derived and received and will continue to derive and receive, gains, profits,
27 and advantages from Defendants trademark infringement in an amount that is not
28 presently known to Emson. By reason of Defendants wrongful acts as alleged in
- 41 -
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 42 of 48 Page ID #:42
1 this Complaint, Emson has been damaged and is entitled to monetary relief in an
2 amount to be determined at trial.
3 271. Due to Defendants trademark infringement, Emson has suffered and
4 continues to suffer great and irreparable injury for which Emson has no adequate
5 remedy at law.
6 FOURTEENTH CLAIM
7 (Against all Defendants)
8 (California Unfair Competition)
9 272. Emson repeats and re-alleges the allegations of paragraphs 1-154 of
10 this Complaint as if set forth fully herein.
11 273. This is a claim for unfair competition, arising under California
12 Business & Professions Code 17200, et seq. and California common law.
13 274. Defendants use and infringement of the CAR CANE intellectual
14 property, TACLIGHT Lantern intellectual property, TACLIGHT Flashlight
15 intellectual property, PERSONAL PEDI intellectual property, and GOTHAM
16 STEEL intellectual property constitute unfair competition with Emson under the
17 common law and statutory laws of the State of California, particularly California
18 Business & Professions Code 17200 et seq.
19 275. Emson is informed and believes and thereon alleges that Defendants
20 have derived and received, and will continue to derive and receive, gains, profits,
21 and advantages from Defendants unfair competition in an amount that is not
22 presently known to Emson.
23 276. By reason of Defendants wrongful acts as alleged in this Complaint,
24 Emson has been damaged and is entitled to monetary relief in an amount to be
25 determined at trial.
26 277. By its actions, Defendants have injured and violated the rights of
27 Emson and has irreparably injured Emson, and such irreparable injury will continue
28 unless Defendants are enjoined by this Court.
- 42 -
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 43 of 48 Page ID #:43
1 Emsons mark;
2 3. That an accounting be ordered to determine Defendants profits
3 resulting from its trademark and trade dress infringement and unfair competition
4 and that Emson be awarded monetary relief in an amount to be fixed by the Court
5 as it finds just as an equitable remedy and as a remedy under 15 U.S.C. 1117,
6 including all profits received by Defendants from sales and revenues of any kind
7 made as a result of its infringing actions, said amount to be trebled; all damages
8 sustained by Emson as a result of Defendants acts of trademark and trade dress
9 infringement and unfair competition, and that such damages be trebled;
10 4. For Defendants counterfeiting of the PERSONAL PEDI Trademarks,
11 statutory damages in an amount not less than $500 or more than $100,000 per
12 counterfeit mark per type of goods sold, offered for sale, or distributed, as the Court
13 considers just; and because the counterfeiting is willful, not more than $1,000,000
14 per counterfeit mark per type of goods or services sold, offered for sale, or
15 distributed, as the Court considers just, pursuant to 15 U.S.C. 1117; and
16 5. An order that all infringing articles, packages, printed materials, and
17 all plates, molds, matrices, and other means of making the same, shall be delivered
18 up and destroyed, pursuant to 15 U.S.C. 1118.
19 C. For Defendants infringement of Emsons CAR CANE Packaging Work,
20 TACLIGHT Photos Work, PERSONAL PEDI Packaging Work, and GOTHAM
21 STEEL Image Works:
22 1. An Order adjudging Defendants to have willfully infringed CAR
23 CANE Packaging Work, TACLIGHT Photos Work, PERSONAL PEDI Packaging
24 Work, and GOTHAM STEEL Image Works pursuant to 17 U.S.C. 501;
25 2. Judgment against Defendants for temporary, preliminary and
26 permanent injunctions pursuant to 15 U.S.C. 502, enjoining Defendants and their
27 affiliates, partners, representatives, servants, employees, attorneys and all persons
28 in active concert, privity or participation with Defendants from (a) importing,
- 45 -
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 46 of 48 Page ID #:46
1 selling, offering for sale, distributing and/or distributing the infringing packaging of
2 the ETERNAL Auto Handle, ETERNAL Flashlight, ETERNAL Pedicure Device,
3 and ETERNAL Cookware, (b) from directly or indirectly infringing the CAR
4 CANE Packaging Work, TACLIGHT Photos Work, PERSONAL PEDI Packaging
5 Work, and GOTHAM STEEL Image Works, and (c) from using any artwork,
6 photographs, or other materials of Emson;
7 3. Ordering Defendants to account to Emson for all gains, profits, and
8 advantages derived by Defendants by their infringement of the CAR CANE
9 Packaging Work, TACLIGHT Photos Work, PERSONAL PEDI Packaging Work,
10 and GOTHAM STEEL Image Works or such damages as are proper, and since
11 Defendants intentionally infringed Emsons copyright, for the maximum allowable
12 statutory damages for each violation, pursuant to 15 U.S.C. 502;
13 4. An award of Plaintiffs actual and/or statutory damages for Defendants'
14 copyright infringement in an amount to be determined at trial, pursuant to 15
15 U.S.C. 502;
16 5. An Order that all infringing material be impounded and destroyed,
17 pursuant to 15 U.S.C. 503; and
18 6. An award of Emsons costs, reasonable attorneys' fees, and
19 disbursements in this action, pursuant to 17 U.S.C. 505.
20 E. Damages according to each and every cause of action alleged herein,
21 in the aggregate, for an award of damages against all Defendants and each of them
22 in an amount not less than Two Million Dollars exclusive of costs, attorneys' fees,
23 and disbursements.
24 F. That Emson be granted prejudgment and post judgment interest.
25 F. Such other and further relief as this Court may deem just and proper.
26 ///
27 ///
28 ///
- 46 -
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 47 of 48 Page ID #:47
1
Dated: September 22, 2017 Respectfully submitted,
2
3
John K. Rubiner - State Bar No. 155208
4 jrubiner@gerardfoxlaw.com
GERARD FOX LAW
5 1880 Century Park East Suite 1410
Los Angeles, CA 90067
6 Telephone: 310-441-0500
Facsimile: 310-441-4447
7
John Zaccaria (pro hac vice to be filed)
8 jzaccaria@notaromichalos.com
Bradley S. Corsello (pro hac vice to be filed)
9 bcorsello@notaromichalos.com
NOTARO MICHALOS & ZACCARIA PC
10 100 Dutch Hill Road
Orangeburg, NY 10962
11 Telephone: (845) 359-7700
Facsimile: (845) 359-7798
12
Attorneys for Plaintiff
13 E. MISHAN & SONS, INC.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 47 -
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 48 of 48 Page ID #:48
1
2 DEMAND FOR JURY TRIAL
3 Plaintiff hereby demands a trial by jury on all issues so triable.
4 Dated: September 22, 2017 Respectfully submitted,
5
6 John K. Rubiner - State Bar No. 155208
7 jrubiner@gerardfoxlaw.com
GERARD FOX LAW
8 1880 Century Park East Suite 1410
Los Angeles, CA 90067
9 Telephone: 310-441-0500
Facsimile: 310-441-4447
10 John Zaccaria (pro hac vice to be filed)
11 jzaccaria@notaromichalos.com
Bradley S. Corsello (pro hac vice to be filed)
12 bcorsello@notaromichalos.com
NOTARO MICHALOS & ZACCARIA PC
13 100 Dutch Hill Road
Orangeburg, NY 10962
14 Telephone: (845) 359-7700
Facsimile: (845) 359-7798
15 Attorneys for Plaintiff
16 E. MISHAN & SONS, INC.
17
18
19
20
21
22
23
24
25
26
27
28
- 48 -
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
Case 2:17-cv-07036-JAK-PLA Document 1-1 Filed 09/22/17 Page 1 of 8 Page ID #:49
EXHIBIT 1
Case 2:17-cv-07036-JAK-PLA Document 1-1 Filed 09/22/17 Page 2 of 8 Page ID #:50
Case 2:17-cv-07036-JAK-PLA Document 1-1 Filed 09/22/17 Page 3 of 8 Page ID #:51
Case 2:17-cv-07036-JAK-PLA Document 1-1 Filed 09/22/17 Page 4 of 8 Page ID #:52
Case 2:17-cv-07036-JAK-PLA Document 1-1 Filed 09/22/17 Page 5 of 8 Page ID #:53
Case 2:17-cv-07036-JAK-PLA Document 1-1 Filed 09/22/17 Page 6 of 8 Page ID #:54
Case 2:17-cv-07036-JAK-PLA Document 1-1 Filed 09/22/17 Page 7 of 8 Page ID #:55
Case 2:17-cv-07036-JAK-PLA Document 1-1 Filed 09/22/17 Page 8 of 8 Page ID #:56
Case 2:17-cv-07036-JAK-PLA Document 1-2 Filed 09/22/17 Page 1 of 2 Page ID #:57
EXHIBIT 2
Case 2:17-cv-07036-JAK-PLA Document 1-2 Filed 09/22/17 Page 2 of 2 Page ID #:58
Case 2:17-cv-07036-JAK-PLA Document 1-3 Filed 09/22/17 Page 1 of 4 Page ID #:59
EXHIBIT 3
Case 2:17-cv-07036-JAK-PLA Document 1-3 Filed 09/22/17 Page 2 of 4 Page ID #:60
Case 2:17-cv-07036-JAK-PLA Document 1-3 Filed 09/22/17 Page 3 of 4 Page ID #:61
Case 2:17-cv-07036-JAK-PLA Document 1-3 Filed 09/22/17 Page 4 of 4 Page ID #:62
Case 2:17-cv-07036-JAK-PLA Document 1-4 Filed 09/22/17 Page 1 of 3 Page ID #:63
EXHIBIT 4
Case 2:17-cv-07036-JAK-PLA Document 1-4 Filed 09/22/17 Page 2 of 3 Page ID #:64
EXHIBIT 5
Case 2:17-cv-07036-JAK-PLA Document 1-5 Filed 09/22/17 Page 2 of 2 Page ID #:67
EXHIBIT 6
Case 2:17-cv-07036-JAK-PLA Document 1-6 Filed 09/22/17 Page 2 of 12 Page ID #:69
Case 2:17-cv-07036-JAK-PLA Document 1-6 Filed 09/22/17 Page 3 of 12 Page ID #:70
Case 2:17-cv-07036-JAK-PLA Document 1-6 Filed 09/22/17 Page 4 of 12 Page ID #:71
Case 2:17-cv-07036-JAK-PLA Document 1-6 Filed 09/22/17 Page 5 of 12 Page ID #:72
Case 2:17-cv-07036-JAK-PLA Document 1-6 Filed 09/22/17 Page 6 of 12 Page ID #:73
Case 2:17-cv-07036-JAK-PLA Document 1-6 Filed 09/22/17 Page 7 of 12 Page ID #:74
Case 2:17-cv-07036-JAK-PLA Document 1-6 Filed 09/22/17 Page 8 of 12 Page ID #:75
Case 2:17-cv-07036-JAK-PLA Document 1-6 Filed 09/22/17 Page 9 of 12 Page ID #:76
Case 2:17-cv-07036-JAK-PLA Document 1-6 Filed 09/22/17 Page 10 of 12 Page ID #:77
Case 2:17-cv-07036-JAK-PLA Document 1-6 Filed 09/22/17 Page 11 of 12 Page ID #:78
Case 2:17-cv-07036-JAK-PLA Document 1-6 Filed 09/22/17 Page 12 of 12 Page ID #:79
Case 2:17-cv-07036-JAK-PLA Document 1-7 Filed 09/22/17 Page 1 of 7 Page ID #:80
EXHIBIT 7
Case 2:17-cv-07036-JAK-PLA Document 1-7 Filed 09/22/17 Page 2 of 7 Page ID #:81
Case 2:17-cv-07036-JAK-PLA Document 1-7 Filed 09/22/17 Page 3 of 7 Page ID #:82
Case 2:17-cv-07036-JAK-PLA Document 1-7 Filed 09/22/17 Page 4 of 7 Page ID #:83
Case 2:17-cv-07036-JAK-PLA Document 1-7 Filed 09/22/17 Page 5 of 7 Page ID #:84
Case 2:17-cv-07036-JAK-PLA Document 1-7 Filed 09/22/17 Page 6 of 7 Page ID #:85
Case 2:17-cv-07036-JAK-PLA Document 1-7 Filed 09/22/17 Page 7 of 7 Page ID #:86
Case 2:17-cv-07036-JAK-PLA Document 1-8 Filed 09/22/17 Page 1 of 6 Page ID #:87
EXHIBIT 8
Case 2:17-cv-07036-JAK-PLA Document 1-8 Filed 09/22/17 Page 2 of 6 Page ID #:88
Case 2:17-cv-07036-JAK-PLA Document 1-8 Filed 09/22/17 Page 3 of 6 Page ID #:89
Case 2:17-cv-07036-JAK-PLA Document 1-8 Filed 09/22/17 Page 4 of 6 Page ID #:90
Case 2:17-cv-07036-JAK-PLA Document 1-8 Filed 09/22/17 Page 5 of 6 Page ID #:91
Case 2:17-cv-07036-JAK-PLA Document 1-8 Filed 09/22/17 Page 6 of 6 Page ID #:92
Case 2:17-cv-07036-JAK-PLA Document 1-9 Filed 09/22/17 Page 1 of 3 Page ID #:93
EXHIBIT 9
Case 2:17-cv-07036-JAK-PLA Document 1-9 Filed 09/22/17 Page 2 of 3 Page ID #:94
EXHIBIT 10
Case 2:17-cv-07036-JAK-PLA Document 1-10 Filed 09/22/17 Page 2 of 2 Page ID #:97
Case 2:17-cv-07036-JAK-PLA Document 1-11 Filed 09/22/17 Page 1 of 3 Page ID #:98
EXHIBIT 11
Case 2:17-cv-07036-JAK-PLA Document 1-11 Filed 09/22/17 Page 2 of 3 Page ID #:99
EXHIBIT 12
Case 2:17-cv-07036-JAK-PLA Document 1-12 Filed 09/22/17 Page 2 of 7 Page ID #:102
Case 2:17-cv-07036-JAK-PLA Document 1-12 Filed 09/22/17 Page 3 of 7 Page ID #:103
Case 2:17-cv-07036-JAK-PLA Document 1-12 Filed 09/22/17 Page 4 of 7 Page ID #:104
Case 2:17-cv-07036-JAK-PLA Document 1-12 Filed 09/22/17 Page 5 of 7 Page ID #:105
Case 2:17-cv-07036-JAK-PLA Document 1-12 Filed 09/22/17 Page 6 of 7 Page ID #:106
Case 2:17-cv-07036-JAK-PLA Document 1-12 Filed 09/22/17 Page 7 of 7 Page ID #:107
Case 2:17-cv-07036-JAK-PLA Document 1-13 Filed 09/22/17 Page 1 of 3 Page ID #:108
EXHIBIT 13
Case 2:17-cv-07036-JAK-PLA Document 1-13 Filed 09/22/17 Page 2 of 3 Page ID #:109
EXHIBIT 14
Case 2:17-cv-07036-JAK-PLA Document 1-14 Filed 09/22/17 Page 2 of 10 Page ID #:112
EXHIBIT 15
Case 2:17-cv-07036-JAK-PLA Document 1-15 Filed 09/22/17 Page 2 of 27 Page ID #:122
Registration #: *-APPLICATION-*
Service Request #: 1-5814346651
Mail Certificate
Correspondent
Registration Number
*-APPLICATION-*
Title
Title of Work: GOTHAM STEEL Pan with Rustic Breakfast
Completion/Publication
Year of Completion: 2016
Date of 1st Publication: June 24, 2016
Nation of 1st Publication: United States
Author
Copyright Claimant
New material included in claim: Selection and arrangement of preexisting stock photographs with new
photograph added
1
Rights and Permissions
Certification
Page 1 of 2
Case 2:17-cv-07036-JAK-PLA Document 1-15 Filed 09/22/17 Page 4 of 27 Page ID #:124
Page 2 of 2
Case 2:17-cv-07036-JAK-PLA Document 1-15 Filed 09/22/17 Page 5 of 27 Page ID #:125
Registration #: *-APPLICATION-*
Service Request #: 1-5814578238
Mail Certificate
Correspondent
Registration Number
*-APPLICATION-*
Title
Title of Work: GOTHAM STEEL Pan with Salmon
Completion/Publication
Year of Completion: 2015
Date of 1st Publication: December 12, 2015
Nation of 1st Publication: United States
Author
Copyright Claimant
1
Rights and Permissions
Certification
Page 1 of 2
Case 2:17-cv-07036-JAK-PLA Document 1-15 Filed 09/22/17 Page 7 of 27 Page ID #:127
Page 2 of 2
Case 2:17-cv-07036-JAK-PLA Document 1-15 Filed 09/22/17 Page 8 of 27 Page ID #:128
Registration #: *-APPLICATION-*
Service Request #: 1-5814578433
Mail Certificate
Correspondent
Registration Number
*-APPLICATION-*
Title
Title of Work: GOTHAM STEEL Pan with Potatoes
Completion/Publication
Year of Completion: 2016
Date of 1st Publication: June 28, 2016
Nation of 1st Publication: United States
Author
Copyright Claimant
New material included in claim: Selection and arrangement of preexisting stock photographs with new
photograph added
1
Rights and Permissions
Certification
Page 1 of 2
Case 2:17-cv-07036-JAK-PLA Document 1-15 Filed 09/22/17 Page 10 of 27 Page ID
#:130
Page 2 of 2
Case 2:17-cv-07036-JAK-PLA Document 1-15 Filed 09/22/17 Page 11 of 27 Page ID
#:131
Registration #: *-APPLICATION-*
Service Request #: 1-5814578468
Mail Certificate
Correspondent
Registration Number
*-APPLICATION-*
Title
Title of Work: GOTHAM STEEL Pan with Eggs
Completion/Publication
Year of Completion: 2016
Date of 1st Publication: June 27, 2016
Nation of 1st Publication: United States
Author
Copyright Claimant
New material included in claim: Selection and arrangement of preexisting stock photographs with new
photograph added
1
Rights and Permissions
Certification
Page 1 of 2
Case 2:17-cv-07036-JAK-PLA Document 1-15 Filed 09/22/17 Page 13 of 27 Page ID
#:133
Page 2 of 2
Case 2:17-cv-07036-JAK-PLA Document 1-15 Filed 09/22/17 Page 14 of 27 Page ID
#:134
Registration #: *-APPLICATION-*
Service Request #: 1-5814578503
Mail Certificate
Correspondent
Registration Number
*-APPLICATION-*
Title
Title of Work: GOTHAM STEEL 10-Piece Set Arrangement
Completion/Publication
Year of Completion: 2016
Date of 1st Publication: April 01, 2016
Nation of 1st Publication: United States
Author
Copyright Claimant
1
Rights and Permissions
Certification
Page 1 of 2
Case 2:17-cv-07036-JAK-PLA Document 1-15 Filed 09/22/17 Page 16 of 27 Page ID
#:136
Registration #: *-APPLICATION-*
Service Request #: 1-5814578538
Mail Certificate
Correspondent
Registration Number
*-APPLICATION-*
Title
Title of Work: GOTHAM STEEL 10-Piece Set on Shelves
Completion/Publication
Year of Completion: 2016
Date of 1st Publication: April 01, 2016
Nation of 1st Publication: United States
Author
Copyright Claimant
New material included in claim: Selection and arrangement of preexisting stock photographs with new
photograph added
1
Rights and Permissions
Certification
Page 1 of 2
Case 2:17-cv-07036-JAK-PLA Document 1-15 Filed 09/22/17 Page 18 of 27 Page ID
#:138
Page 2 of 2
Case 2:17-cv-07036-JAK-PLA Document 1-15 Filed 09/22/17 Page 19 of 27 Page ID
#:139
Registration #: *-APPLICATION-*
Service Request #: 1-5814578723
Mail Certificate
Correspondent
Registration Number
*-APPLICATION-*
Title
Title of Work: GOTHAM STEEL 10-Piece Set on Table
Completion/Publication
Year of Completion: 2016
Date of 1st Publication: April 01, 2016
Nation of 1st Publication: United States
Author
Copyright Claimant
New material included in claim: Selection and arrangement of preexisting stock photographs with new
photograph added
1
Rights and Permissions
Certification
Page 1 of 2
Case 2:17-cv-07036-JAK-PLA Document 1-15 Filed 09/22/17 Page 21 of 27 Page ID
#:141
Page 2 of 2
Case 2:17-cv-07036-JAK-PLA Document 1-15 Filed 09/22/17 Page 22 of 27 Page ID
#:142
Registration #: *-APPLICATION-*
Service Request #: 1-5814578848
Mail Certificate
Correspondent
Registration Number
*-APPLICATION-*
Title
Title of Work: GOTHAM STEEL Crisper Tray with Fries
Completion/Publication
Year of Completion: 2016
Date of 1st Publication: November 01, 2016
Nation of 1st Publication: United States
Author
Copyright Claimant
New material included in claim: Selection and arrangement of preexisting stock photographs with new
photograph added
1
Rights and Permissions
Certification
Page 1 of 2
Case 2:17-cv-07036-JAK-PLA Document 1-15 Filed 09/22/17 Page 24 of 27 Page ID
#:144
Page 2 of 2
Case 2:17-cv-07036-JAK-PLA Document 1-15 Filed 09/22/17 Page 25 of 27 Page ID
#:145
Registration #: *-APPLICATION-*
Service Request #: 1-5814579043
Mail Certificate
Correspondent
Registration Number
*-APPLICATION-*
Title
Title of Work: GOTHAM STEEL Crisper Tray with Chicken
Completion/Publication
Year of Completion: 2016
Date of 1st Publication: November 01, 2016
Nation of 1st Publication: United States
Author
Copyright Claimant
New material included in claim: Selection and arrangement of preexisting stock photographs with new
photograph added
1
Rights and Permissions
Certification
Page 1 of 2
Case 2:17-cv-07036-JAK-PLA Document 1-15 Filed 09/22/17 Page 27 of 27 Page ID
#:147
Page 2 of 2
Case 2:17-cv-07036-JAK-PLA Document 1-16 Filed 09/22/17 Page 1 of 4 Page ID #:148
EXHIBIT 16
Case 2:17-cv-07036-JAK-PLA Document 1-16 Filed 09/22/17 Page 2 of 4 Page ID #:149
Case 2:17-cv-07036-JAK-PLA Document 1-16 Filed 09/22/17 Page 3 of 4 Page ID #:150
Case 2:17-cv-07036-JAK-PLA Document 1-16 Filed 09/22/17 Page 4 of 4 Page ID #:151
Case 2:17-cv-07036-JAK-PLA Document 1-17 Filed 09/22/17 Page 1 of 2 Page ID #:152
EXHIBIT 17
Case 2:17-cv-07036-JAK-PLA Document 1-17 Filed 09/22/17 Page 2 of 2 Page ID #:153
EXHIBIT 18
Case 2:17-cv-07036-JAK-PLA Document 1-18 Filed 09/22/17 Page 2 of 2 Page ID #:155
EXHIBIT 19
Case 2:17-cv-07036-JAK-PLA Document 1-19 Filed 09/22/17 Page 2 of 3 Page ID #:157
EXHIBIT 20
Case 2:17-cv-07036-JAK-PLA Document 1-20 Filed 09/22/17 Page 2 of 2 Page ID #:160
EXHIBIT 21
9/5/2017 Case 11 COPPER
2:17-cv-07036-JAK-PLA Document 1-21 PAN PGM
Filed GROUP
09/22/17 Page 2 of 5 Page ID #:162
11 COPPER PAN
SKU: PG93802
Category: Kitchen
Tags: Cooking, Copper
Line, Like on TV
Description
http://www.pgmgroupusa.com/product/11-copper-pan/ 1/3
9/5/2017 Case 11 COPPER
2:17-cv-07036-JAK-PLA Document 1-21 PAN PGM
Filed GROUP
09/22/17 Page 3 of 5 Page ID #:163
11 COPPER PAN
SKU: PG93802
Category: Kitchen
Tags: Cooking, Copper
Line, Like on TV
Description
http://www.pgmgroupusa.com/product/11-copper-pan/ 1/3
9/5/2017 Case 11 COPPER
2:17-cv-07036-JAK-PLA Document 1-21 PAN PGM
Filed GROUP
09/22/17 Page 4 of 5 Page ID #:164
11 COPPER PAN
SKU: PG93802
Category: Kitchen
Tags: Cooking, Copper
Line, Like on TV
Description
http://www.pgmgroupusa.com/product/11-copper-pan/ 1/3
9/5/2017 Case 11 COPPER
2:17-cv-07036-JAK-PLA Document 1-21 PAN PGM
Filed GROUP
09/22/17 Page 5 of 5 Page ID #:165
11 COPPER PAN
SKU: PG93802
Category: Kitchen
Tags: Cooking, Copper
Line, Like on TV
Description
http://www.pgmgroupusa.com/product/11-copper-pan/ 1/3
Case 2:17-cv-07036-JAK-PLA Document 1-22 Filed 09/22/17 Page 1 of 5 Page ID #:166
EXHIBIT 22
9/5/2017 Case 12.5 COPPER
2:17-cv-07036-JAK-PLA Document 1-22 PAN PGM
Filed GROUP
09/22/17 Page 2 of 5 Page ID #:167
SKU: PG93803
Category: Kitchen
Tags: Cooking, Copper
Line, Like on TV
Description
http://www.pgmgroupusa.com/product/12-5-copper-pan/ 1/3
9/5/2017 Case 12.5 COPPER
2:17-cv-07036-JAK-PLA Document 1-22 PAN PGM
Filed GROUP
09/22/17 Page 3 of 5 Page ID #:168
SKU: PG93803
Category: Kitchen
Tags: Cooking, Copper
Line, Like on TV
Description
http://www.pgmgroupusa.com/product/12-5-copper-pan/ 1/3
9/5/2017 Case 12.5 COPPER
2:17-cv-07036-JAK-PLA Document 1-22 PAN PGM
Filed GROUP
09/22/17 Page 4 of 5 Page ID #:169
SKU: PG93803
Category: Kitchen
Tags: Cooking, Copper
Line, Like on TV
Description
http://www.pgmgroupusa.com/product/12-5-copper-pan/ 1/3
9/5/2017 Case 12.5 COPPER
2:17-cv-07036-JAK-PLA Document 1-22 PAN PGM
Filed GROUP
09/22/17 Page 5 of 5 Page ID #:170
SKU: PG93803
Category: Kitchen
Tags: Cooking, Copper
Line, Like on TV
Description
http://www.pgmgroupusa.com/product/12-5-copper-pan/ 1/3
Case 2:17-cv-07036-JAK-PLA Document 1-23 Filed 09/22/17 Page 1 of 4 Page ID #:171
EXHIBIT 23
9/5/2017 Case 10PC COOKWARE
2:17-cv-07036-JAK-PLA Document SET PGM
1-23 Filed GROUP Page 2 of 4 Page ID #:172
09/22/17
10PC COOKWARE
SET
Set includes:
Ceramic-infused copper
http://www.pgmgroupusa.com/product/10pc-cookware-set/ 1/4
9/5/2017 Case 10PC COOKWARE
2:17-cv-07036-JAK-PLA Document SET PGM
1-23 Filed GROUP Page 3 of 4 Page ID #:173
09/22/17
10PC COOKWARE
SET
Set includes:
Ceramic-infused copper
http://www.pgmgroupusa.com/product/10pc-cookware-set/ 1/4
9/5/2017 Case 10PC COOKWARE
2:17-cv-07036-JAK-PLA Document SET 09/22/17
1-23 Filed PGM GROUP Page 4 of 4 Page ID #:174
10PC COOKWARE
SET
Set includes:
Ceramic-infused copper
http://www.pgmgroupusa.com/product/10pc-cookware-set/ 1/4
Case 2:17-cv-07036-JAK-PLA Document 1-24 Filed 09/22/17 Page 1 of 4 Page ID #:175
EXHIBIT 24
9/5/2017 Case Copper
2:17-cv-07036-JAK-PLA Document CrisperFiled
1-24 PGM09/22/17
GROUP Page 2 of 4 Page ID #:176
Copper Crisper
SKU: PG93792
Category: Kitchen
Tags: Cooking, Copper
Line, Like on TV
Description
Product Description
Copper Crisper
SKU: PG93792
Category: Kitchen
Tags: Cooking, Copper
Line, Like on TV
Description
Product Description
Copper Crisper
SKU: PG93792
Category: Kitchen
Tags: Cooking, Copper
Line, Like on TV
Description
Product Description
http://www.pgmgroupusa.com/product/copper-crisper/ 1/3