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13 business entity having a business address of 1055 Clark Blvd, Brampton, Ontario,
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13
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15 8. This Court has subject matter jurisdiction over this action pursuant to
16 28 U.S.C. § 1331 and U.S.C. § 1338(a) as it arises under Acts of Congress related
17 to patents and copyrights. The Court has subject matter jurisdiction over AICO’s
18 breach of settlement agreement claim under 28 U.S.C. § 1367, as the facts
19 regarding each of AICO’s claims arise from the same common nucleus of operative
20 facts.
21 9. This Court has personal jurisdiction over Defendants based on ¶¶ 5-6
22 above, as well as the settlement agreements between AICO and Cosmos from 2009,
23 2011, and 2013. See, Exhibits 1, 2, and 3, attached hereto (at ¶ 11, ¶ 13, and ¶ 14
24 therein, respectively).
25 10. Venue as to Defendants is proper in this judicial district based on ¶¶ 5-
26 6 above, as well as the settlement agreements between AICO and Cosmos from
27 2009, 2011, and 2013. See, Exhibits 1, 2, and 3, attached hereto (at ¶ 11, ¶ 13, and
28 ¶ 14 therein, respectively). The exhibit to the 2013 Settlement Agreement is
3
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13 13. The First Action ultimately settled in June of 2009 with Cosmos
www.cislo.com
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14 Canada agreeing to cease all dealings in the accused products, other than selling off
Telephone: (310) 451-0647
4
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13 include Kumar, and Cosmos U.S., which is believed to have existed at the time.
www.cislo.com
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15 Cosmos agreed not to deal in its furniture that violated AICO’s copyrights and
16 design patents for its Villa Valencia dining room table, china cabinet/buffet and arm
17 chair, as well as agreeing not to deal in any furniture products within the scope of
18 and/or substantially similar in appearance to the furniture shown in AICO’s
19 copyrights and design patents for its Villa Valencia dining room table, china
20 cabinet/buffet and arm chair.
21 20. The 2011 Settlement Agreement also contained provisions directed to:
22 (a) Cosmos exercising due diligence to avoid AICO’s proprietary designs in the
23 future, and (b) a forum selection clause for this Court in the event of a breach.
24 21. In late 2012, Cosmos was at it again. It dealt in furniture which
25 contained a hardware clip that had AICO’s logo on it, and it falsely represented to
26 its potential customers that some of Cosmos’ furniture was made at the same
27 factory as AICO’s, and that the CEO of AICO had approved of Cosmos’ sale of
28 such furniture.
5
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1 22. In addition, it was learned that Cosmos either never stopped dealing in
2 the prohibited furniture after the 2011 Settlement Agreement, or it resumed selling
3 such prohibited furniture between the time it signed the 2011 Settlement Agreement
4 and late 2012 when such new or ongoing violations were discovered by AICO.
5 23. As a result, on January 9, 2013, AICO filed a case in this Court (Case
6 No. 2:13-cv-00153-GHK-RZ) (the “Second Action”) alleging against Cosmos
7 Canada copyright infringement, design patent infringement, trademark
8 infringement, and breach of both the 2009 and 2011 Settlement Agreements.
Facsimile: (310) 394-4477
9 24. At that time, there could have been no way that Cosmos Canada,
10 Cosmos U.S., and their principals, including Kumar did not know about AICO’s
11 copyrights and design patents, particularly AICO’s copyrights and design patents
CISLO & THOMAS LLP
12 for its Villa Valencia dining room table, china cabinet/buffet and arm chair.
12100 Wilshire Boulevard
Attorneys at Law
13 25. The bottom line from the foregoing is that Cosmos, as directed by its
www.cislo.com
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14 principals, Paul Kumar and Sushmita Paul, were blatantly violating AICO’s
Telephone: (310) 451-0647
15 intellectual property rights, including AICO’s copyrights and design patents for its
16 Villa Valencia dining room table, china cabinet/buffet and arm chair.
17 26. Cosmos Canada, Cosmos U.S., and their principals knew full well no
18 later than late 2012 that their intentional and willfully unlawful actions as set forth
19 herein are causing harm to a company they know full well is based in this judicial
20 district.
21 27. Shortly after its filing, the Second Action was settled. A copy of the
22 2013 Settlement is attached hereto as Exhibit 3. The exhibit to the 2013 Settlement
23 Agreement is omitted to minimize the volume of materials submitted to the Court.
24 28. The release in the 2013 Settlement Agreement again extended to
25 Cosmos Canada’s affiliates, agents, representatives, employees, officers, directors,
26 spouses, heirs, administrators, executors or assigns, among others. This would
27 include Kumar, and Cosmos U.S., which is believed to have existed at the time.
28 29. The 2013 Settlement Agreement did not override or nullify the terms
6
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12 33. AICO and its furniture are extremely well-known in the furniture
12100 Wilshire Boulevard
Attorneys at Law
14 depicted their furniture, including the furniture collections at issue in this case, for
Telephone: (310) 451-0647
15 many years.
16 34. AICO also advertises its furniture, including the furniture collections
17 at issue in this case, on a weekly basis in the major furniture industry magazines,
18 Furniture Today and Furniture Style. These magazines are widely circulated within
19 the furniture industry in the United States and Canada.
20 35. AICO also maintains showrooms and regularly displays its furniture,
21 including the furniture collections at issue in this case, at the major trade shows in
22 Las Vegas, Nevada and High Point, North Carolina. Representatives of furniture
23 companies from all over the world attend these shows, including representatives of
24 companies in the United States and Canada.
25 36. AICO’s popular Villa Valencia dining room collection includes
26 furniture designs that consist of ornamental carvings owned by AICO.
27 37. Photograph(s) of AICO’s Villa Valencia dining room collection are
28 attached hereto as Exhibit 4.
7
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12 patent is attached hereto as Exhibit 8. The patent was duly and legally issued and
12100 Wilshire Boulevard
Attorneys at Law
13 assigned to AICO.
www.cislo.com
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14 42. AICO was awarded U.S. Design Patent No. D644,852 (“‘852 Patent”)
Telephone: (310) 451-0647
15 for its Villa Valencia China Cabinet/Buffet, which issued on September 13, 2011.
16 Said patent is attached hereto as Exhibit 9. The patent was duly and legally issued
17 and assigned to AICO.
18 43. AICO was awarded U.S. Design Patent No. D576,409 (“‘409 Patent”)
19 for its Villa Valencia Arm Chair, which issued on September 9, 2008. Said patent
20 is attached hereto as Exhibit 10. The patent was duly and legally issued and
21 assigned to AICO.
22
23 Cosmos’ Latest, Repeat and Willful Violations of AICO’s Intellectual Property
24 Rights and Breach of Settlement Agreements
25 44. AICO has recently learned of Defendants’ ongoing recidivism in that
26 Defendants have again violated AICO’s rights that they already promised to respect
27 and not violate, and also that Defendants have breached each of the three settlement
28 agreements between the parties.
8
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13 for its Villa Valencia dining table, china cabinet/buffet, and chair with arms.
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15 respect AICO’s proprietary designs, but to exercise due diligence to avoid such
16 designs. Defendants are clearly attempting to ride on AICO’s coattails and benefit
17 from the tremendous goodwill and reputation AICO and its furniture designs have
18 in the industry in both the United States and Canada, and to divert sales away from
19 AICO by selling cheap knockoffs of AICO’s furniture.
20 48. For the aforementioned reasons, Cosmos is liable to AICO and must
21 be deterred from any further violations of AICO’s intellectual property rights.
22
23 COUNT I - COPYRIGHT INFRINGEMENT
24 17 U.S.C. §§ 101 ET SEQ.
25 49. AICO hereby repeats and incorporates herein the allegations set forth
26 in paragraphs 1 through 48 above.
27 50. This claim is against Defendants for copyright infringement in
28 violation of the Copyright Act of 1976, 17 U.S.C. § 101 et seq.
9
Case 2:18-cv-06343 Document 1 Filed 07/23/18 Page 10 of 17 Page ID #:10
9 of 1976 and all other laws of the United States with regard to Plaintiff’s Works.
10 54. Defendants have had knowledge of, and access to, AICO’s
11 copyrighted works by virtue of the 2011 and 2013 Settlement Agreements, the
CISLO & THOMAS LLP
12 Second Action, and also AICO’s extensive advertising and displaying of its
12100 Wilshire Boulevard
Attorneys at Law
15 violation of AICO’s exclusive rights under the Copyright Act of 1976, 17 U.S.C. §
16 106.
17 56. Defendants’ offering for sale and/or sales of substantially similar
18 and/or identical copies of The Works, including Kumar’s purposeful direction,
19 control, and/or ratification thereof, constitute copyright infringement in violation of
20 AICO’s exclusive rights under the Copyright Act of 1976, 17 U.S.C. § 101 et seq.
21 57. By reason of Defendants’ acts of copyright infringement, AICO is
22 entitled to recover all profits received or otherwise achieved, directly or indirectly,
23 by Defendants in connection with their infringements. Or, in the alternative,
24 Plaintiff is entitled to an award of statutory damages as provided for in 17 U.S.C. §
25 504(c). Because of Defendants’ knowing and intentional offering for sale and/or
26 sales of the Accused Products, including Kumar’s purposeful direction, control,
27 and/or ratification thereof, among other matters set forth herein, which demonstrate
28 that Defendants’ infringements are willful and intentional, enhanced damages are
10
Case 2:18-cv-06343 Document 1 Filed 07/23/18 Page 11 of 17 Page ID #:11
12
12100 Wilshire Boulevard
Attorneys at Law
14 § 101, ET SEQ.
Telephone: (310) 451-0647
15 60. Plaintiff hereby repeats and incorporates herein the allegations set
16 forth in paragraphs 1 through 59 above.
17 61. AICO’s ‘893, ‘852, and ‘409 Patents (see, Exhibits 8-10 attached
18 hereto) have at all relevant times subsequent to their issue dates been fully
19 enforceable and are now fully enforceable.
20 62. Subsequent to the issuance of the ‘893, ‘852, and ‘409 Patents,
21 Defendants have infringed the patents by importing, offering to sell, and/or selling,
22 and continuing to import, offer to sell, and/or sell products that come within the
23 scope of the claims of the patents, and that come within a range of equivalents of
24 the claims of the patents, and/or contributing to the infringement activities of
25 others.
26 63. The using, importing, offering to sell, and/or selling of infringing
27 products by Defendants, and/or contributing to the infringement activities of others,
28 has been without authority or license from AICO and in violation of AICO’s rights,
11
Case 2:18-cv-06343 Document 1 Filed 07/23/18 Page 12 of 17 Page ID #:12
9 Rather, AICO has suffered and continues to suffer irreparable harm which has no
10 adequate remedy at law and which will continue unless Defendants’ conduct is
11 enjoined.
CISLO & THOMAS LLP
14 infringement.
Telephone: (310) 451-0647
15
16 COUNT III – BREACH OF SETTLEMENT AGREEMENT
17 68. Plaintiff hereby repeats and incorporates herein the allegations set
18 forth in paragraphs 1 through 67 above.
19 69. Cosmos U.S. and Cosmos Canada are believed to be owned,
20 controlled, and operated by Kumar for his own personal benefit and gain, in
21 disregard of corporate formalities. This fact, in addition to the fact that, each of the
22 three settlement agreements referenced herein released Cosmos Canada, as well as
23 its affiliates, agents, representatives, employees, officers, directors, spouses, heirs,
24 administrators, executors or assigns, among others, indicates that Cosmos U.S. and
25 Kumar are parties to these agreements, or are foreseeable, intended beneficiaries of
26 these agreements and are effectively parties to these agreements.
27 70. AICO and Defendants entered into a settlement agreement in June of
28 2009. A copy of the 2009 Settlement Agreement is attached hereto as Exhibit 1.
12
Case 2:18-cv-06343 Document 1 Filed 07/23/18 Page 13 of 17 Page ID #:13
9 negotiations and consideration which flowed between both AICO and Defendants.
10 As such, a valid contractual arrangement exists between AICO and Defendants.
11 74. In or about 2013, Defendants breached the 2009 and 2011 Settlement
CISLO & THOMAS LLP
12 Agreements, and caused AICO to take action to enforce its rights under the 2009
12100 Wilshire Boulevard
Attorneys at Law
13 and 2011 Settlement Agreements. The result of such enforcement action by AICO
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14 was the 2013 Settlement Agreement, said agreement being attached hereto as
Telephone: (310) 451-0647
13
Case 2:18-cv-06343 Document 1 Filed 07/23/18 Page 14 of 17 Page ID #:14
1 within the scope of AICO’s proprietary rights in its furniture designs, Defendants
2 have violated their “best efforts” obligations from the 2009 settlement agreement.
3 79. As it pertains to the 2011 Settlement Agreement, Defendants breached
4 several provisions of that agreement. Paragraph 1 required Defendants to cease all
5 dealings “anywhere in the world” of any products substantially similar in
6 appearance to, among other things, AICO’s Villa Valencia dining room intellectual
7 property-protected pieces, which Defendants have again violated at this time as set
8 forth above.
Facsimile: (310) 394-4477
13 Agreement, AICO is entitled to recover its reasonable attorneys’ fees and costs for
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14
Case 2:18-cv-06343 Document 1 Filed 07/23/18 Page 15 of 17 Page ID #:15
1 employees and all other persons acting in concert with them from committing any
2 further acts of copyright and patent infringement, including but not limited to,
3 selling the Accused Products and any products colorably similar thereto, and/or any
4 products within the scope of AICO’s copyrights and design patents set forth herein,
5 or aiding or abetting or assisting others in such infringing activities;
6 B. For an order directing Defendants to file with this Court and to serve
7 on the AICO within thirty (30) days after service on Defendants of the injunction
8 granted herein, or such extended period as the Court may direct, a report in writing,
Facsimile: (310) 394-4477
9 under oath, setting forth in detail the manner and form in which Defendants have
10 complied with the injunction and order of the Court;
11 C. For an order seizing and impounding all Accused Products anywhere
CISLO & THOMAS LLP
12 in the world;
12100 Wilshire Boulevard
Attorneys at Law
14 Defendants, and each of them, have infringed each of AICO’s copyrights asserted
Telephone: (310) 451-0647
15 herein;
16 E. For a judgment to be entered for AICO and against Defendants in that
17 Defendants, and each of them, have infringed each of AICO’s design patents
18 asserted herein;
19 F. For a judgment requiring Defendants, and each of them, to account to
20 AICO for and to pay AICO all profits derived by Defendants from selling the
21 Accused Products, as well as any other acts prescribed by 17 U.S.C. § 106, and/or
22 for statutory damages based upon Defendants’ acts of copyright infringement
23 pursuant to 17 U.S.C. § 504, at Plaintiff’s election;
24 G. For a judgment to be entered for AICO against Defendants in an
25 amount equal to the profits Defendants made in connection with their sales of
26 products that infringe the ‘893, ‘852, and ‘409 Patents pursuant to 35 U.S.C. § 289
27 to be proven at trial, or in the alternative, a reasonable royalty, or statutory damages
28 in the amount of $250 per patent infringed;
15
Case 2:18-cv-06343 Document 1 Filed 07/23/18 Page 16 of 17 Page ID #:16
12 warranting attorneys’ fees under the Copyright Act, thus entitling AICO to an
12100 Wilshire Boulevard
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13 award of attorneys’ fees under both the Copyright Act and Patent Act;
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16
Case 2:18-cv-06343 Document 1 Filed 07/23/18 Page 17 of 17 Page ID #:17
9 Daniel M. Cislo
10 Mark D. Nielsen
11
Attorneys for Plaintiff, AMINI
CISLO & THOMAS LLP
12
12100 Wilshire Boulevard
INNOVATION CORPORATION
Attorneys at Law
13
www.cislo.com
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14
Telephone: (310) 451-0647
15
16
17
18
19
20
21
22
23
24
25
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28
17
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 1 of 90 Page ID #:18
Exhibit 1
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 2 of 90 Page ID #:19
Jun-Z9-Z00e OZ:33pm From-Ci~lg &ThQna~ 3103944471 T-303 P.002/0UZ f-43Z
SE'ITLEMENT AGREEMENT
This Agreement is by and between Amini Innovation Corporation, a California
corporation with its principal place of business at 8725 Rex Road, Pico Rivera, California
90660 (" AICO") on the one hand, and Cosmos Furniture, Ltd., a Canadian corporation with a
place of business &r Cosmos Furniture, 209 Citation Drive, Vaughn, OntariQ L4K2Y8 Canada,
(" Cosmos '1) OD. the other band.
WITNESSEm
WHEREAS, Area has desi{;lloo for it, markets, and sells home furnishings, including
its ConiDa. Oppu)ente, Tresor, Tuscano, lIIld Windsor Court collections;
WHEREAS, AICO owns the following U.S. Copyright Registrations and/or U.S.
Design Patents:
.
TABLEl
AICO FURNITURE ITEM COPYRIGHT 1 DESIGN PATENT
Cortina Bed Footboard VA 1-314-234 ID535.507
COI1ina Bed Headboard VA 1-306-206/D536,558
Cortina Dresser VA 1-306-2051 D530,538
Cortina Dresser Mirror VA 1-306-204/ D524.060
Cortina Ni2b.t Stand VA 1-623-886
Cortina Annoire VA 1-623-887
ODPulente Night Stand VA 1-420-186
Oppwente Bed Headboard 0568,075
Oppulente Bed Footboard D562,601
OppuJente Bed Footboard with Posts D561,505
ODuulente Dresser D562.587
OpPulente Dresser Mirror D560~916
Tresor Dresser VA 1-302-358
TresorBed VA 1-302-359
Tuscano China Cabinet 1 Buffet VA 1-369-881/ D528,325
Thscano Table VA 1-357-042
Windsor Court Annoire VA 1-627-078
Windsor Court Nightstand VA 1-414-941
Windsor Court Bed VA 1-424-583 1 D568,076/ D572.052
Windsor Court Dresser VA 1414-942/D564,785
Windsor Comt Arm Chair VA 1414-943/ D572.028
Wl.Qdsor Court China Cabinetl.Buffet VA 1·424-587 1 D565.325
WHEREAS. on or about October 6, 2008, November 11, 2008, and November 17,
2008. AleO notified Cosmos in writing of the infringements of the copyrights and desigIl
patents set forth in Table 1 above;
WHEREAS, Aleo was forced [0 commence litigation after Cosmos did not respond to
the cease and desist letters. The litigat:ion~ Amini Innovation Corp. v. Cosmos Furniture,
Ltd., U.S.D.C. Central District of California~ Case No. CV 08-7855 ("The Litigation"), was
fIled on or about November 26, 2008;
WHEREAS, iD. lieu of further incurring substantial expenses in litigation. MCa and
Cosmos now desire to amicably settle and resolve all their differences.
NOW THEREFORE, in view of the mutual promises contained herein and other good
and valuable consideration, the parties hereby agree as follows:
substaIltially similar in appearance to the items shown in, U.S. Copyright Registralions and
U.S. Design Patents set forth in Table 1, including Cosmos' Jennifer bedroom collection.
Petty Ellis bedroom collection, Emily dining room collection, Sterling bedroom collection,
Edison diI)ing room collection, and Camila bedroom collection. except that Cosmos may sell of
the remainder of irs existing minimal inventory until October 31, 2009, after which any
remaining inventory shall be donated to charity. and documentation of said donation shall be
provided to Aleo's counsel, Cislo & Thomas LLP. Should AleC learn that Cosmos'
inventory of its Jennifer bedroom collection, Perry Ellis bedroom collection, Emily dining
room collection, Sterling bedroom collection, Edison dining room collection, and Camlla
bedroom collection was more than minimal, AlCO shall be entitled to collect a 10% royalty on
the sales price of all inventory sold by Cosmos after the dale Cosmos signs this Agreement.
Aleo shall be further entitled to audit Cosmos' books within one year of the date Cosmos
executes this Agreement.
2. C~mos agrees to remove all photographs and/or references to its Jennifer bedroom
collection, Perry Ellis bedroom collection, Emily diniDg room collection, Sterling bedroom
collection, Edison dining room collection, and Camila bedroom collection from its Internet
(3) days of Cosmos' execution of this Agreement. Cosmos' failure to
websue(s) within three
do so win result in a $1,000.00 charge per day beyond the deadline for removing said
photographs and/or references from Cosmos' website(s).
3. As part of this Agreement, Cosmos agrees to provide a check to AleO's cOllosel (aslo
& Thomas UP, 1333 2Dd Street, Suite 500, Santa Monica., California 94101 USA) in the
amount of ~,OOO.OO (US) made OUt and payable to "Amini Innovation Corporation."
Cosmos must send this check by overnight delivery to AleO's counsel within three (3) days of
AlCO's counsel faxing and e>-mailiDg of the fully executed version of this Agreement to
Cosmos. Otherwise, each party is responsible for its own attorneys' fees aDd costs incurred as
a result of this matter. In exchange, AICO will dismiss The Litigation with prejudice.
4. Cosmos agrees to make its best efforts to be mindful of and respect AleO's proprietaIy
designs in the future, in part, by consid~ AlCO's website (www.amWi.com) before
deciding (0 offer a line of furnirure for sale in the future. If any questions arise regarding such
maners, counsel for AICO may be contacmd for inquiry.
S. Except for the obligations imposed by rhis Agreement, the parties hereby release
forever and discharge each other, as well as each other's respective affiliates, agents.
represenwives, employees, officers, directors, spouses, heirs, administrators, executors or
assigos, any person, entity OJ: association claiming by, through or under them of any of the
foregoing from any and all claims, demands, liability. damages, costs and causes of action of
every kind whether known or unknown with respect to the mbject maner of this dispute and
the subject matter of t:h.i.s Agreement up to the effective day of this Agreement, and subject to
the terms of this Agreemem.
6. This Agreement constituteS the complete understanding between the parties, and
supersedes all prior agreements or understandings. whether written or oral. This Agreement
shall not be modified or amended except in writing and signed by the parties hereto. Any
modification or amendment must specifically reference this Agreement.
7. Tbis Agreement shall be binding upon and inure to the benefit of the parties hereto and
their successors, assigns and related companies. If any provision of this Agreement is
adjudged to be invalid or unenforceable, the validity or enforceability of the remaioing
provisioIlS of this Agreement shall not be affected.
9. In the event that the document is signed by one party and faxed to another, the parties
agree that a faxe<l signature shall be binding upon the parties to Ibis Agreement: as though the
signature was an original. If the parties exchange signatures through PDF documents, such
signature pages shall also be binding upon the parties to this Agreemenr as though the signamre
was an original.
10. If auy tenn, clause or provision hereof is beld inValid or unenforceable by a court of
competent jurisdiction, such invalidity shall not affect the validity or operatioo of any other
term, clause or provision and such invalid term, clause or provision shall be deemed to be
severed ftom the Agreement.
11. Any violations of this Agreement shall be enforced in the couns in Los Angeles
County, California, and Cosmos specifically consents to personal jurisdiction and proper.venue
in the courts in Los Angeles County, California.
12. Each party represents and warrants thar it has freely agreed to this Agreement fully
intending to be bolIDd by the termS and conditions herein and that it has fulJ power and
authority to execute, deliver and perform this Agreement.
IN WITNESS WHEREOF. the panies hereto have executed and delivered tllis
Settlement Agreement to be effective upon execution by the parties.
By:
M-:-:i,.-:ch-ae-l-A-m-jn-j,-C-E....O - - - - - - -
T:\03-Zlml&:tIlcm:lll ,,--DOC
Exhibit 2
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 9 of 90 Page ID #:26
SETTLEMENT AGREEMENT
This Agreement is by and between Amini Innovation Corporation, a California
corporation with its principal place of business at 8725 Rex Road, Pico Rivera, California 90660
(“AICO”) on the one hand, and Cosmos Furniture, Ltd., a Canadian corporation with a place of
business at Cosmos Furniture, Ltd., 1055 Clark Blvd., Brampton, Ontario L6T 3W4 Canada,
(“Cosmos”) on the other hand.
WITNESSETH
WHEREAS, AICO has designed for it, markets, and sells home furnishings, including
bedroom and dining room sets in its Cortina, Oppulente, Tresor, Tuscano, Venetian, Villa
Valencia, and Windsor Court collections.
WHEREAS, AICO owns the following U.S. Copyright Registrations and/or U.S. Design
Patents:
TABLE 1
AICO FURNITURE ITEM COPYRIGHT / DESIGN PATENT
Cortina Bed Footboard VA 1-314-234 / D535,507
Cortina Bed Headboard VA 1-306-206 / D536,558
Cortina Dresser VA 1-306-205 / D530,538
Cortina Dresser Mirror VA 1-306-204 / D524,060
Cortina Night Stand VA 1-623-886 /
Cortina Armoire VA 1-623-887 /
Oppulente Night Stand VA 1-420-186 /
Oppulente Bed Headboard VA 1-657-756 / D568,075
Oppulente Bed Footboard VA 1-653-272 / D562,601
Oppulente Bed Footboard with Posts / D561,505
Oppulente Dresser VA 1-657-756 / D562,587
Oppulente Dresser Mirror VA 1-681-372 / D560,916
Oppulente dining room table VA 1-420-188 / D569,660
Oppulente china cabinet/buffet VA 1-420-270 / D564,795
Oppulente arm chair VA 1-420-187 / D564,773
Tresor Dresser VA 1-302-358 /
Tresor Bed VA 1-302-359 /
Tuscano China Cabinet / Buffet VA 1-369-881 / D528,325
Tuscano Table VA 1-357-042 /
Venetian arm chair VA 1-302-369 / D516,333
Venetian side chair VA 1-372-229 /
Venetian china cabinet/buffet VA 1-302-368 / D528,826
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 10 of 90 Page ID #:27
WHEREAS, on or about October 6, 2008, November 11, 2008, and November 17, 2008,
AICO notified Cosmos in writing of the infringements of the copyrights and design patents set
forth in Table 1 above.
WHEREAS, AICO was forced to commence litigation after Cosmos did not respond to
the cease and desist letters. The litigation, Amini Innovation Corp. v. Cosmos Furniture, Ltd.,
U.S.D.C. Central District of California, Case No. CV 08-7855 (“The Litigation”), was filed on or
about November 26, 2008.
WHEREAS, The Litigation was ultimately settled in June of 2009 by written agreement
(the “prior settlement agreement”). The terms of the written agreement from June of 2009 are
incorporated herein by reference to the extent they are different than, and not in conflict with, the
terms of the present agreement. If there is a conflict, the terms of the present agreement control.
WHEREAS, in February of 2011, AICO learned that Cosmos’ website contained images
of at least some of the accused furniture from The Litigation, and which Cosmos was barred
2
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 11 of 90 Page ID #:28
WHEREAS, from at least as early as February 10, 2011 until their removal on February
23, 2011, Cosmos website contained images of the following accused products: (1) Jennifer
bedroom collection; (2) Perry Ellis bedroom collection; (3) Edison dining room collection; (4)
Emily dining room collection; (5) its Celina bedroom collection (which is identical to the Camila
bedroom collection from the prior activities of Cosmos in 2009 with respect to The Litigation);
(6) Evelin dining room collection; (7) Patricia bedroom collection; and, (8) Mirage dining room
collection.
WHEREAS, the prior settlement agreement called for a $1,000.00 per day charge for
each day the accused products from The Litigation were on Cosmos’ website after its deadline to
remove them, which was in July of 2009. Thus, the accused products were on Cosmos’ website
for fourteen (14) days, warranting a charge of $14,000.00.
WHEREAS, in Cosmos’ print catalog for 2011, the Patricia dining room collection is
depicted.
WHEREAS, in correspondence dated February 22, 2011 and March 7, 2011, counsel for
AICO notified Cosmos of the aforementioned violations of the prior settlement agreement and
AICO’s intellectual property rights set forth in Table 1.
3
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NOW THEREFORE, in view of the mutual promises contained herein and other good
and valuable consideration, the parties hereby agree as follows:
2. Cosmos agrees to remove, and keep removed, all photographs and/or references to its (1)
Jennifer bedroom collection; (2) Perry Ellis bedroom collection; (3) Edison dining room
collection; (4) Emily dining room collection; (5) its Celina bedroom collection (which is
identical to the Camila bedroom collection from the prior activities of Cosmos in 2009 with
respect to The Litigation); (6) Evelin dining room collection; (7) Patricia bedroom collection;
and, (8) Mirage dining room collection from its Internet website(s) within three (3) days of
Cosmos’ execution of this Agreement. Cosmos’ failure to do so will result in a $1,000.00 charge
per day for any day beyond the deadline for removing said photographs and/or references from
Cosmos’ website(s) such photographs and/or references exist.
3. Cosmos shall notify in writing known recipients of its 2011 catalog depicting the Patricia
dining room collection, and inform them that the Patricia dining room is no longer available.
4
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4. Concurrent with its signing of this Agreement, Cosmos shall provide by overnight mail a
check to AICO’s counsel (Cislo & Thomas LLP, 1333 2nd Street, Suite 500, Santa Monica,
California 94101 USA) in the amount of $10,000.00 (US) made out and payable to “Amini
Innovation Corporation.” Upon receipt and clearance of this check for $10,000.00, counsel for
AICO will return to Cosmos a fully executed copy of this Agreement. By June 28, 2011,
Cosmos shall provide by overnight mail a check to AICO’s counsel (Cislo & Thomas LLP, 1333
2nd Street, Suite 500, Santa Monica, California 94101 USA) in the amount of $4,000.00 (US)
made out and payable to “Amini Innovation Corporation.” Otherwise, each party is responsible
for its own attorneys’ fees and costs incurred as a result of this matter. In exchange, AICO will
not initiate new litigation against Cosmos in Los Angeles County, California, as it is entitled to
do under the prior settlement agreement and based on Cosmos’s accused conduct herein.
5. From the date of this Agreement forward, Cosmos agrees to exercise due diligence in the
future to make sure it avoids AICO’s proprietary designs. Cosmos shall do this, in part, by
considering AICO’s website (www.amini.com) before deciding to offer a line of furniture for
sale. If any questions arise regarding such matters, counsel for AICO may be contacted for
inquiry prior to Cosmos’ offering a line of furniture for sale that may infringe AICO’s
proprietary designs.
6. Cosmos agrees to notify counsel for AICO of any person or entity Cosmos believes may
be offering for sale copies or knockoffs of AICO’s furniture. Cosmos is not obligated to make
itself familiar with AICO’s furniture; but, to the extent it is familiar with AICO’s furniture, it
shall notify AICO of any potential infringers occurring anywhere in the world.
7. Except for the obligations imposed by this Agreement, the parties hereby release forever
and discharge each other, as well as each other’s respective affiliates, agents, representatives,
employees, officers, directors, spouses, heirs, administrators, executors or assigns, any person,
entity or association claiming by, through or under them of any of the foregoing from any and all
presently known claims, demands, liability, damages, costs and causes of action of every kind
with respect to the subject matter of this Agreement up to the effective day of this Agreement,
and subject to the terms of this Agreement.
8. This Agreement constitutes the complete understanding between the parties, and
supersedes all prior agreements or understandings, whether written or oral, except that this
5
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Agreement shall incorporate the terms of the June 2009 settlement agreement to the extent they
are different than, and do not conflict with, the terms herein. This Agreement shall not be
modified or amended except in writing and signed by the parties hereto. Any modification or
amendment must specifically reference this Agreement.
9. This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their successors, assigns and related companies. If any provision of this Agreement is adjudged
to be invalid or unenforceable, the validity or enforceability of the remaining provisions of this
Agreement shall not be affected.
10. This Agreement may be executed in counterparts, each of which shall be considered an
original, and both of which, taken together, shall constitute one agreement.
11. In the event that the document is signed by one party and faxed to another, the parties
agree that a faxed signature shall be binding upon the parties to this Agreement as though the
signature was an original. If the parties exchange signatures through PDF documents, such
signature pages shall also be binding upon the parties to this Agreement as though the signature
was an original.
12. If any term, clause or provision hereof is held invalid or unenforceable by a court of
competent jurisdiction, such invalidity shall not affect the validity or operation of any other term,
clause or provision and such invalid term, clause or provision shall be deemed to be severed
from the Agreement.
13. Any violations of this Agreement shall be enforced in the courts in Los Angeles County,
California, and Cosmos specifically consents to personal jurisdiction and proper venue in the
courts in Los Angeles County, California. The prevailing party in any such enforcement action
shall be entitled to recover its reasonable attorneys’ fees and costs of suit.
///
///
///
6
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14. Each party represents and warrants that it has freely agreed to this Agreement fully
intending to be bound by the terms and conditions herein and that it has full power and authority
to execute, deliver and perform this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed and delivered this Settlement
Agreement to be effective upon execution by the parties.
By: -::-::------:-----,-...,-=-=-------
Michael Amini, CEO
Title:
T:\11·24629I$enlemenl Agreemel11 201 I.DOC
Exhibit 3
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Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 20 of 90 Page ID #:37
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Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 22 of 90 Page ID #:39
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Exhibit 4
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 24 of 90 Page ID #:41
COLLECTION
1
COLLECTION
The look and feel of Old World Spain have been beautifully
captured in this grand collection, designed exclusively
for the Michael Amini Signature Series. Beautifully
crafted from Birch solids with Cherry, Pecan, and Elm
Burl veneers, the distinctive marquetry and intricate
embellishments compliment a classic chestnut finish.
Uniquely twisted and shaped marble pilasters with carved
wooden leaves wrapping around adorn some of the pieces.
From its marble relief to the unique multi-faceted beveled
glass encasements, Villa Valencia is a timeless collection to
be treasured year after year.
2 3
DINING ROOM
A. Rectangular Dining Table (2 pc)
30.5”h x 84” x 46”d. Extends to 144"l with
three 20"l leaves. 72002-55
B. Arm Chair
49”h x 28.25”w x 28.25”d. 72004-55
C. Side Chair
D 49”h x 23”w x 26”d. 72003-55
A
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 26 of 90 Page ID #:43
C
B
16 17
DINING ROOM
A. Round Dining Table (2 pc)
30.5”h x 60”dia. Extends to 84"l with one
24"l leaf. 72001-55
B. Arm Chair
49”h x 28.25”w x 28.25”d. 72004-55
18 19
With leaves.
Arm Chair
49”h x 28.25”w x 28.25”d. 72004-55
Rectangular Dining Table (3pc)
30.5”h x 84” x 46”d. Extends to 144"l with three 20"l leaves. 72002-55
With leaf.
Wood Trim Tufted Sofa Wood Trim Tufted Loveseat Wing Chair Cocktail Table End Table Chair Side Table Sofa Table
94"l x 38"d x 44"h. 72815-GREEN-55 74”l x 38”d x 44”h. 72825-GREEN-55 33”l x 35.75”d x 41”h. 72836-GRBRZ-55 Rect Cocktail Table Top & Base Plate. End Table Top & Base Plate. 26”h x 18”w x 18”d. 72222-55 Sofa Table Top & Base Plate.
7.5”h x 56.5”w x 37”d. 72201T-55 10.5”h x 28”w x 28”d. 72202T-55 10.5”h x 54”w x 20”d. 72203T-55
Marble Columns for Cocktail Table. Marble Columns for End Table. Marble Columns for Sofa Table.
13.5”h x 4.75”w x 4.75”d. 72201C-55 15.5”h x 4.75”w x 4.75”d. 72202C-55 20.5”h x 5”w x 5”d. 72203C-55
DINING ROOM
Rectangular Dining Table (3pc) Round Dining Table (2 pc) Arm Chair Side Chair Illuminated China & Buffet Sideboard and Mirror
30.5”h x 84” x 46”d. Extends to 144"l with three 30.5”h x 60”dia. Extends to 84"l with one 24"l leaf. 49”h x 28.25”w x 28.25”d. 72004-55 49”h x 23”w x 26”d. 72003-55 with Lighting Box (3 pc) Sideboard. 41.75”h x 72”w x 20”d. 72007-55
20"l leaves. Round Dining Table Top. 5.25”h x 60”dia. 72001T-55 Sideboard Mirror. 51.5”h x 64.25”w x 1.75”d. 72067-55
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 29 of 90 Page ID #:46
HOME OFFICE
Designs, specifications, finishes and materials may change without notice. Product dimensions are ±2 inches. Please contact your sales representative for current information.
22 23
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 30 of 90 Page ID #:47
AMINI.COM
Showrooms:
Las Vegas, World Market Center, C1601
High Point, IHFC C800
*882945334422* 882945334422
24
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 31 of 90 Page ID #:48
Exhibit 5
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 32 of 90 Page ID #:49
Certificate of Registration
This Certificate issued under the seal ofthe Copyright
Office in accordance with title 17, United States Code,
atle$tS that registration has been made for the work
identified below. The information on this certificate has
been made a part ofthe Copyright Office records.
VA 1..627-918
Efl'ective daCe of
or--', .-_ _ ...... _ . - ._ _, • " ....... .. ~do~: - .9 • .'_____ _
October 17,2007
litle - - - - - - - - - - - - - - - - - - - - - - - -
nde ofWork: ViDa Valencia Table
Nature ofWork: Ornamental Designs
Completionl Publication - - - - - - - - - - - - - - - - -
Year of Completion: 2006
Date of 1st Publlcation: October 16, 2006 NadoD of 1st Publication: United States
Author
• Author: Jack Schmitt
Author Created: 3-Dimensional sculpture
certification
Name: Daniel M CiSlo
Date: October 7,2007
Page lof 1
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Exhibit 6
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Exhibit 7
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Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 52 of 90 Page ID #:69
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Exhibit 8
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Exhibit 9
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Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 81 of 90 Page ID #:98
Exhibit 10
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 82 of 90 Page ID #:99
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 83 of 90 Page ID #:100
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