Boost Oxygen LLC v. Oxygen Plus - Complaint

CASE 0:17-cv-05004-PJS-SER Document 1 Filed 11/03/17 Page 1 of 10
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MINNESOTA
Boost Oxygen, LLC,

a Connecticut Limited Liability Company
Plaintiff,
Case No. -------
vs.
Oxygen Plus, Inc.,

a Minnesota Corporation
Defendant.
COMPLAINT
Plaintiff, Boost Oxygen, LLC states the following for its complaint against Defendant
Oxygen Plus, Inc.
OVERVIEW OF THE ACTION
1. Boost Oxygen LLC, (referred to herein as either "Boost" or "Boost Oxygen") based in
Milford, Connecticut, 06460, at 92 Woodmont Road, is a pioneer and market leader in the
manufacture of portable, light-weight 95% pure oxygen canisters. The canisters have a two-part
construction: (1) a body in which the oxygen is stored and on which the name and trademark
Boost Oxygen is displayed prominently and on which markings are drawn to illustrate the
beneficial uses of the product and (2) a mask having a unique and patented design through which
the oxygen is drawn during use.
2. Boost is the owner of Design Patent No. D610250 ("'250 Patent") entitled "Mask". A
copy of the patent is appended hereto as Exhibit 1.
-1 -
3. Trading on the reputation and goodwill that Boost has created in the market for light-
weight 95% pure oxygen canisters, defendant Oxygen Plus, Inc. ("Oxygen Plus"), a Boost
Oxygen competitor, operates a website, "oxygenplus.com", at which oxygen canisters named the
O+ Biggi, made with virtual copies of Boost's patentable mask, are sold and offered for sale.
Defendant's actions, gauged, as they are, to injure Boost's business and dilute Boost's
intellectual property rights, constitute a willful and actionable violation of both federal and state
law.
4. On information and belief, Oxygen Plus issued a press release on and about
September 13, 2017, in which it announced the addition of the O+ Biggi oxygen canister to its
product line. Shortly thereafter, Boost notified defendant that the mask of its O+ Biggi oxygen
canister infringed Boost's '250 Patent. Oxygen Plus ignored Boost's warning, as well as
subsequent warnings -- most recently on October 27, 2017 -- and has continued its willful
infringement of the '250 Patent.
5. Boost therefore brings this action for patent infringement under 35 U.S.C. 101 et seq.;
unfair competition and false designation of origin under 43(a) of the Lanham Act, 15 U.S.C.
1125( a); violation of the Minnesota's Deceptive Trade Practices Laws, Minnesota Statutes
325D.44; and common law unfair competition. Boost seeks an award of defendant's profits,
compensatory, treble and/or statutory damages; destruction of any inventory of infringing
Oxygen Plus canisters and any related marketing material; an award of costs and attorneys' fees;
and such other and further relief as the Court deems appropriate.
-2-
THE PARTIES
6. Plaintiff, Boost Oxygen, is a Connecticut limited liability company having its principal
place of business at 92 Woodmont Road, Milford, Connecticut 06460.
7. On information and belief, Oxygen Plus, Inc. is a Minnesota corporation located at 5400
Opportunity Court, Suite 110, Minnetonka, Minnesota 55343.
JURISDICTION AND VENUE
8. This Court has subject matter jurisdiction under 28 U.S.C. 1331, 1338(a), 1338(b) and
15 U.S.C. 1121.
9. This Court has personal jurisdiction over defendant because Oxygen Plus is a citizen of
Minnesota.
10. Venue is proper pursuant to 28 U.S.C. 139l(b) and (c), and 1400(b).
Count I
Patent Infringement
11. The '250 patent duly and properly issued on February 16, 2010 to the inventor Robert C.
Neuner and has been assigned to the plaintiff Boost Oxygen.
12. Boost re-alleges and incorporates by reference the allegations of paragraphs 1-10 of the
Complaint as though fully set forth herein.
13. In violation of 35 U.S.C. 271, Oxygen Plus is and has been directly infringing and/or
inducing others to infringe the '250 patent by making, using, selling, offering to sell in the
-3 -
United States, or importing into the United States, oxygen canisters bearing the name O+ Biggi
and including the mask design claimed by the '250 patent.
14. A side-by-side illustration of the patented mask design and the Oxygen Plus infringing
mask appears below.
15. Oxygen Plus' unlawful infringement of the '250 patent has injured Boost and will
continue to injure Boost. As a result, Boost is entitled to recover from Oxygen Plus (a) the
damages suffered by Boost as a result of Oxygen Plus' unlawful acts and (b) the total profit
made by Oxygen Plus on its infringing sales.
16. On information and belief, Oxygen Plus intends to continue its infringement of the '250
patent, and Boost has suffered and will continue to suffer irreparable injury, for which there is no
adequate remedy at law. The additional relief to which Boost is thus entitled is an injunction
barring Oxygen Plus from its infringing activities.
Count II
Federal Unfair Competition
(15 U.S.C. 1125(a))
17. Boost re-alleges and incorporates by reference the allegations of paragraphs 1-16 of the
-4-
18. The design of Boost's oxygen canisters is distinctive and associated exclusively with
Boost.
19. Oxygen Plus' distribution, marketing, promotion, offering for sale, and sale of the
O+ Biggi oxygen canisters having a two-part construction with a mask design that is virtually
identical to Boost's patented mask design constitute trade dress infringement. Exhibits 2-5 show
the O+ Biggi canister interposed between two Boost oxygen canisters. The intended impression
on the public is that the O+ Biggi oxygen canisters originate from and/or are authorized by Boost
Oxygen.
20. In promoting the O+ Biggi oxygen canisters, Oxygen Plus has falsely implied that it is
the "designer, proprietary mask" and is responsible for a "consumer-friendly mouth mask", and
an "ergonomically engineered [mask] for designer delivery", when in fact, Oxygen Plus has
copied the dominant features of Boost's patented mask design.
21. As a result of Oxygen Plus' unauthorized use of the trade dress of Boost's Oxygen
canisters and its misrepresentations touching upon the provenance and characterization of the
O+ Biggi mask, the public is likely to be misled and confused as to the source, sponsorship, or
affiliation of the Oxygen Plus oxygen canisters and related retail products.
22. Oxygen Plus' conduct is willful, intended to trade on and reap the benefit of Boost
Oxygen's reputation and goodwill and violates 43(a)(l)(A) of the Lanham Act, 15 U.S.C.
1125(a)(l)(A) and (B).
23. Boost Oxygen is entitled to money damages and a disgorgement of Oxygen Plus' profits
as a consequence of Oxygen Plus' illegal activities.
-5 -
24. Oxygen Plus' wrongful conduct is likely to continue unless restrained and enjoined.
25. Boost has suffered and will continue to suffer irreparable damage as a result of Oxygen
Plus' wrongful conduct.
26. Boost Oxygen is entitled to injunctive relief enjoining Oxygen Plus' wrongful conduct
and compelling ( a) the take-down of its website, (b) the destruction of its inventory of Oxygen
Plus' O+ Biggi oxygen canisters and related advertising materials.
27. Boost Oxygen has no adequate remedy at law because Boost's trade dress is uniquely
associated with Boost, the harm to its trade dress is irreparable and for which money damages
are inadequate, and the public will likely be confused, mistaken or deceived as to the source,
origin, or authenticity of the infringing O+ Biggi oxygen canisters.
Count III
Violation of Minnesota Deceptive Trade Practices
(Minnesota Statutes, 325D.44 subdivision 1. (2)(3)(4)(7))
28. Boost re-alleges and incorporates by reference the allegations of paragraphs 1-2 7 of the
29. Oxygen Plus has been engaged in trade and commerce and by reason of the acts
described herein has committed acts that violate Minnesota's Deceptive Trade Practices statutes,
325D.44 subdivision 1. (2)(3)(4)(7).
30. Oxygen Plus' misuse of Boost Oxygen's trade dress and its misdescription of the origin
and characteristics of the O+ Biggi mask are meant to create confusion between the parties'
respective oxygen canisters, diminish the goodwill that Boost has created with respect to its trade
-6-
dress and create to Boost's detriment an unlawful competitive presence in the market for oxygen
containing products.
31. As a result of the acts described herein, Boost has suffered an ascertainable loss.
32. To this end, Oxygen Plus has been unjustly enriched and Boost correspondingly
damaged. Under Minnesota law, Boost is entitled to an award of the profits that Oxygen Plus
has made on its sales of its O+ Biggi oxygen canisters and, to prevent any further unlawful sales,
an order directing Oxygen Plus to destroy its inventory of infringing oxygen canisters.
Count IV
Common Law Unfair Competition
33. Boost Oxygen repeats and re-alleges each of the allegations contained in paragraphs 1-32
of this Complaint and incorporates them herein by reference.
34. Oxygen Plus' distribution, marketing, promotion, importation, offering for sale and sale
of the O+ Biggi oxygen canisters constitute unfair deceptive and misleading trade practices.
35. Defendant's illegal conduct is willful, intended to reap the benefit of Boost's reputation
and good will, has damaged Boost in its business and caused Boost irreparable damage to its
name, reputation, and good will.
PRAYER FOR RELIEF
In light of the foregoing, plaintiff, Boost Oxygen, seeks for the following relief:
(a) That Oxygen Plus be judged to have directly and indirectly infringed the '250 patent;
-7-
(b) That Oxygen Plus, its officers, agents, employees and those persons in privity with
Oxygen Plus be preliminarily and permanently enjoined from further infringement of the '250
patent;
( c) That Oxygen Plus be ordered to pay Boost Oxygen (i) the profit Oxygen Plus has made
on the sales of the infringing O+ Biggi oxygen canisters; and (ii) all damages suffered by Boost
by reason of Oxygen Plus' infringement of the '250 patent.
( d) That Oxygen Plus be ordered to pay treble damages for its willful infringement of the
'250 patent;
( e) That this case be deemed exceptional and Oxygen Plus ordered to pay Boost its
attorneys' fees, expenses, and costs incurred in this action.
(f) That Oxygen Plus be ordered to pay pre- and post- judgment interest on the damages
and/or profit disgorgement ordered by the Court.
(g) That Oxygen Plus and those persons in privity with Oxygen Plus, be enjoined from using
the Boost Oxygen trade dress or any other product design that is confusingly similar to the trade
dress or Boost's oxygen canisters.
(h) That the Court order the destruction of all merchandise that infringes Boost Oxygen's
trade dress.
(i) That the Court award Boost its actual damages, trebled;
(j) That the Court award Boost its actual damages and Oxygen Plus' profits pursuant to
Minnesota statutory and common law;
-8-
(k) That the Court award Boost interest, including pre-judgment interest, on the forgoing
sums;
(1) That the Court award Boost its costs in this civil action, including reasonable attorneys'
fees and expenses;
(m) That the Court award Boost exemplary and punitive damages, as the Court finds
appropriate, to deter any further willful infringement;
(n) That the Court direct defendant to file with the Court and serve upon Boost's counsel
within thirty (30) days after entry of judgment a report in writing under oath setting forth in
detail the manner and form in which defendant has complied with the above;
( o) That the Court award plaintiff such other and further relief as the Court may deem just
and proper.
DATED: November 3, 2017
By: /s/ Jan M. Conlin

Jan M. Conlin
Bar No. 0192697
Ciresi Conlin LLP
Of Counsel: 225 South 6th Street
Robert Neuner Suite 4600
Hoffmann & Baron LLP Minneapolis, MN 55402
6 Campus Drive Telephone: 612-361-8200
Parsippany, New Jersey 07054 E-mail: JMC@CiresiConlin.com
Telephone: 973-331-1700
Facsimile: 973-331-1717
E-mail: rneuner@hbiplaw.com
Attorney for Plaintiff
-9-
DEMAND FOR TRIAL BY JURY
Plaintiff hereby demands a trial by Jury as to all issues so triable.
By: /s/ Jan M. Conlin
Jan M. Conlin
Bar No. 0192697
Ciresi Conlin LLP
225 South 6th Street
Suite 4600
Minneapolis, MN 55402
Telephone: 612-361-8200
E-mail: JMC@CiresiConlin.com
Attorney for Plaintiff
- 10 -
CASE 0:17-cv-05004-PJS-SER Document 1-1 Filed 11/03/17 Page 1 of 7
I 1111111111111111 111111111111111 IIIII IIIII 1111111111 lllll 111111111111111111

Exhibit 1 US00D610250S
c12) United States Design Patent (10) Patent No.: US D610,250 S

Neuner (45) Date of Patent: ** Feb. 16, 2010
(54) MASK D495,059 S 8/2004 Lie , D24/203
(76) Inventor: Robert Neuner, 558 Hoyt St., Darien, * cited by examiner
CT (US) 06820 Primary Examiner-Ian Simmons
Assistant Examiner-Christopher Lee
(**) Tenn: 14 Years
(74) Attorney, Age111, or Firm-Michael A. Blake
(21) Appl. No.: 29/319,529
(57) CLAN
(22) Filed: Jun. 11, 2008
The ornamental design for a mask, as shown and described.
(51) LOC (9) Cl. . 29-02
DESCRIPTION
(52) U.S. CI. D24/110
(58) Field of Classification Search D24/110, FIG. 1 is a lop view of the disclosed mask;
D24/110.l, 203; 128/205.25, 206.12, 200.23; FIG. 2 is a side view of the disclosed mask;
392/403: 4/537 FIG. 3 is a rear view of the disclosed mask;
See application file for complete search history.
FIG. 4 is a front view of the disclosed mask;
(56) References Cited FIG. 5 is a bottom view of the disclosed mask, the broken
U.S. PATENT DOCUMENTS lines in FIG. 5 are included for the purpose of illustrating
environmental structure of the inhaler that forms nu part of
D208,514 S * 9/1967 Hartwell D24/203 the claimed design; and,
D209.364 S " I I/ 1967 Katzman et a.I. D24/203
D210.435 S * 3/ 1968 Boltz D24/203 FIG. 6 is a perspective view of the disclosed mask.
D279.312 S * 6/1985 Pohlmann D24/110
4,903,850 A * 2/ 1990 Frank ct al. 392/403 1 Claim, 6 Drawing Sheets
U.S. Patent Feb. 16, 2010 Sheet 1 of 6 US D610,250 S
Fig.1
U.S. Patent Feb. 16,2010 Sheet 2 of 6 US D610,250 S
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Fig.4
U.S. Patent Feb.16,2010 Sheet 5 of 6 US D610,250 S
Fig.5
Fig.6
m
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IQ.Q.~X
95% Pure Oxygen
~en , irectly fuels
90% of 3\1 body and
mind unctions.
The averaL e Oxygen level
in the~- iris 21%,
Boost Oxygen'
~ is 9~ 1a Pure. le
"Cllessiona Athletes inha
Supplemental oxygen,
"1Jvii.boostoKygen.colll
Help is Here"'
Exhibit 3
Exhibit 4
Exhibit 5
JS 44 (R ev. 06/17 ) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filin~ and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
Boost Oxygen, LLC Oxygen Plus, Inc.
92 Woodmont Road 5400 Opportunity Court, Suite 110
Milford, Connecticut 06460 Minnetonka, Minnesota 55343
(b) County of Residence of First Listed Plaintiff New Haven County, CT County of Residence of First Listed Defendant Hennepin County
(EXCEPT IN U.S. PLAJNTIFF CASES) (IN U.S. PLAJN11FF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Nu111be1) Attorneys (IfKnown)
Jan M. Conlin, Ciresi Conlin LLP, 225 South 6th Street, Suite 4600, Minneapolis,
MN 55402, 612-361-8200; and
Robert Neuner, Hoffmann & Baron, LLP, 6 Campus Drive, Parsippany, NJ 07054,
973-331-1700
II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X'tin One Boxfor Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
DI U.S. Government 1813 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State D I DI Incorporated or Principal Place D 4 D4
of Business [n This State
D2 U.S. Government D4 Diversity Citizen of Another State 02 D 2 Incorporated and Principal Place D 5 05
Defendant (Indicate Citizenship of Parties in Item Ill) of Business In Another State
Citizen or Subject of a 03 D 3 Foreign Nation D 6 06

Foreign Country
JV NATURE OF SUIT (Place an "X" in One Bo, Only) Click here for Nature of Suit Code Descriotions
I CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STA TUTES I
D 110 Insurance PERSONAL INJURY PERSONAL INJURY D 625 Drug Related Seizure 0 422 Appeal 28 USC 158 D 375 False Claims Act
D 120 Marine D 3 IO Airplane D 365 Personal Injury - of Property 21 USC 88 I D 423 Withdrawal 0 376 Qui Tam (31 use
D 130 Miller Act D 315 Airplane Product Product Liability 0690 Other 28 USC 157 3729(a))
D 140 Negotiable Instrument Liability D 367 Health Care/ D 400 State Reapportionment
D 150 Recovery of Overpayment D 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS D 410 Antitrust
& Enforcement of Judgment Slander Personal Injury D 820 Copyrights D 430 Banks and Banking
D 151 Medicare Act D 330 Federal Employers' Product Liability 181830 Patent D 450 Commerce
D 152 Recovery of Defaulted Liability D 368 Asbestos Personal D 835 Patent - Abbreviated D 460 Deportation
Student Loans D 340 Marine Injury Product New Drug Application D 470 Racketeer Influenced and
(Excludes Veterans) D 345 Marine Product Liability D 840 Trademark Corrupt Organizations
D 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY D 480 Consumer Credit
of Veteran's Benefits D 350 Motor Vehicle D 370 Other Fraud D 7 IO Fair Labor Standards 0861 HIA(!395ff) 0 490 Cable/Sat TV
D 160 Stockholders' Suits D 355 Motor Vehicle D 371 Truth in Lending Act D 862 Black Lung (923) D 850 Securities/Commodities/
D 190 Other Contract Product Liability D 380 Other Personal D 720 Labor/Management 0 863 DIWC/DIWW (405(g)) Exchange
D I 95 Contract Product Liability D 360 Other Personal Property Damage Relations 0 864 SSID Title XVI D 890 Other Statutory Actions
D 196 Franchise Injury D 385 Property Damage 0740 Railway Labor Act 0 865 RSI (405(g)) D 891 Agricultural Acts
D 362 Personal Injury - Product Liability D751 Family and Medical D 893 Environmental Matters
Medical Malpractice Leave Act D 895 Freedom of Information
I REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS D 790 Other Labor Litigation FEDERAL TAX SUITS Act
D 210 Land Condemnation D 440 Other Civil Rights Habeas Corpus: 0 791 Employee Retirement D 870 Taxes (U.S. Plaintiff D 896 Arbitration
D 220 Foreclosure D 441 Voting D 463 Alien Detainee Income Security Act or Defendant) D 899 Administrative Procedure
D 230 Rent Lease & Ejectment D 442 Employment D 510 Motions to Vacate 0 871 IRS-Third Party Act/Review or Appeal of
D 240 Torts to Land D 443 Housing/ Sentence 26 use 7609 Agency Decision
D 245 Tort Product Liability Accommodations D 530 General D 950 Constitutionality of
D 290 All Other Real Property D 445 Amer. w/Disabilities - D 535 Death Penalty IMMIGRATION State Statutes
Employment Other: D 462 Naturalization Application
D 446 Amer. w/Disabilities - D 540 Mandamus & Other D465 Other Immigration
Other D 550 Civil Rights Actions
D 448 Education D 555 Prison Condition
D 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an "X" in One Box Only)

lv't l Original n2 Removed from n 3 Remanded from n 4 Reinstated or n 5 Transferred from n 6 Multidistrict n 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do 1101 cite jurisdictional statutes unless diversity):
VI. CAUSE OF ACTION l-'3;..;.5_;U'-.S'-.C_;_.;.-"_
27_1.,_
; _t s_u
_.s_.c
_.""""'--1 _
12_
5(....a).__ _
Brief description of cause:
Design Patent Infringement and trade dress infringement
VII. REQUESTED IN D
CHECK IF THIS IS A CLASS ACTION DEMAND$ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ~Yes [:No
VIII. RELATED CASE(S)
(See inst rue/ ions):
IF ANY
DATE FRECORD
November 3, 2017 ' Jan. M. Conlin
FOR OFFICE USE ONLY
RECEIPT# AMOUNT APPL YING IFP JUDGE MAG. JUDGE

-----
JS 44 Reverse (Rev. 06/17)

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CASE 0:17-cv-05004-PJS-SER Document 1 Filed 11/03/17 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT

Boost Oxygen, LLC,

Oxygen Plus, Inc.,

Oxygen Plus, Inc.

OVERVIEW OF THE ACTION

the oxygen is drawn during use.

copy of the patent is appended hereto as Exhibit 1.

infringement of the '250 Patent.

compensatory, treble and/or statutory damages; destruction of any inventory of infringing

place of business at 92 Woodmont Road, Milford, Connecticut 06460.

Opportunity Court, Suite 110, Minnetonka, Minnesota 55343.

JURISDICTION AND VENUE

Neuner and has been assigned to the plaintiff Boost Oxygen.

Complaint as though fully set forth herein.

and including the mask design claimed by the '250 patent.

mask appears below.

made by Oxygen Plus on its infringing sales.

barring Oxygen Plus from its infringing activities.

Complaint as though fully set forth herein.

copied the dominant features of Boost's patented mask design.

1125(a)(l)(A) and (B).

as a consequence of Oxygen Plus' illegal activities.

Plus' wrongful conduct.

Plus' O+ Biggi oxygen canisters and related advertising materials.

origin, or authenticity of the infringing O+ Biggi oxygen canisters.

Complaint as though fully set forth herein.

325D.44 subdivision 1. (2)(3)(4)(7).

of this Complaint and incorporates them herein by reference.

name, reputation, and good will.

PRAYER FOR RELIEF

by reason of Oxygen Plus' infringement of the '250 patent.

attorneys' fees, expenses, and costs incurred in this action.

and/or profit disgorgement ordered by the Court.

dress or Boost's oxygen canisters.

Minnesota statutory and common law;

fees and expenses;

appropriate, to deter any further willful infringement;

DATED: November 3, 2017

By: /s/ Jan M. Conlin

DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by Jury as to all issues so triable.

By: /s/ Jan M. Conlin

Attorney for Plaintiff

I 1111111111111111 111111111111111 IIIII IIIII 1111111111 lllll 111111111111111111

c12) United States Design Patent (10) Patent No.: US D610,250 S

(54) MASK D495,059 S 8/2004 Lie , D24/203

U.S. Patent Feb. 16, 2010 Sheet 1 of 6 US D610,250 S

U.S. Patent Feb. 16,2010 Sheet 2 of 6 US D610,250 S

U.S. Patent Feb. 16, 2010 Sheet 3 of 6 US D610,250 S

U.S. Patent Feb. 16, 2010 Sheet 4 of 6 US D610,250 S

U.S. Patent Feb.16,2010 Sheet 5 of 6 US D610,250 S

U.S. Patent Feb. 16, 2010 Sheet 6 of 6 US D610,250 S

Citizen or Subject of a 03 D 3 Foreign Nation D 6 06

V. ORIGIN (Place an "X" in One Box Only)

RECEIPT# AMOUNT APPL YING IFP JUDGE MAG. JUDGE

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