CASE 4:14-cv-04776 Document 1 Filed 11/17/14 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MINNESOTA
Globefill Incorporated,

Case No.

(_____/_____)

Plaintiff,
v.

COMPLAINT

Maud Borup, Inc.,

JURY TRIAL DEMANDED

Defendant.

Plaintiff, Globefill Incorporated, by its attorneys, files its complaint against Maud
Borup, Inc. and alleges as follows:
PARTIES AND JURISDICTION
1.

Globefill Incorporated (Globefill) is a Canadian corporation with its

principal place of business at 333 Eglinton Avenue East, Toronto, Ontario,

Canada M4P 1L7.

Globefill produces and sells vodka in the United States and

internationally.
2.

Upon information and belief, defendant Maud Borup, Inc. (Maud or

Defendant) is a Minnesota corporation with its principal place of business at 2500

Highway 88, Ste 212, Minneapolis, Minnesota 55418.
3.

This

is

an

action

for

(1)

trade

dress

infringement

under

15 U.S.C. 1114(1) and 1125(a); (2) unfair competition; (3) copyright infringement
under 17 U.S.C. 101 et seq., and (4) design patent infringement under 35 U.S.C. 1 et
seq.

CASE 4:14-cv-04776 Document 1 Filed 11/17/14 Page 2 of 10

4.

This Court has jurisdiction of this action under 28 U.S.C. 1331, 1332,

1338(a) and (b). Venue is proper in this district under 28 U.S.C. 1391 and 1400.
Upon information and belief, Maud conducts business in this district, the claims alleged
in this Complaint arise in this district, and the acts of infringement have taken place and
are continuing to take place in this district.
STATEMENT OF FACTS
5.

Globefill produces and sells alcoholic beverages in bottle packaging

configured in the shape of a skull as depicted in Exhibit A and incorporated by this

reference.
6.

Globefill is the owner of a United States Patent and Trademark Office

(USPTO) trade dress registration for trade dress that consists of a configuration of a
bottle in the shape of a skull for use in association with alcoholic beverages, namely
vodka.

Globefill registered the trade dress with the USPTO under Registration

No. 4043730.
7.

The trade dress application which matured into Registration No. 4043730

was filed by Globefill on March 24, 2010 and registered on October 25, 2011. A true and
correct copy of Globefills registration certificate is attached as Exhibit B and
incorporated by this reference (hereinafter 730 Registration).
8.

Pursuant to 15 U.S.C. 1057, Globefills 730 Registration is prima facie

evidence of Globefills ownership of the trade dress, the non-functionality and inherent

CASE 4:14-cv-04776 Document 1 Filed 11/17/14 Page 3 of 10

distinctiveness of the trade dress, and exclusive right to use the trade dress in association
with the goods identified therein.
9.

Globefill is the owner of all rights and authorship in Globefills bottle

packaging as depicted in Exhibit A, and has duly registered with the U.S. Copyright
Office under VA 1-766-939. A true and correct copy of the copyright registration is
attached as Exhibit C and incorporated herein by reference (hereinafter Globefills
Copyright).
10.

Globefills Copyright was created in 2007 and first published on

September 30, 2008, and was registered with the U.S. Copyright Office on
April 11, 2011.
11.

Globefill is the owner of United States Patent No. D589,360 (hereinafter

the 360 Patent) for the ornamental design for a bottle as shown in Exhibit A. The
360 Patent was duly and legally issued by the United States Patent and Trademark office
on March 31, 2009. The 360 Patent is valid and enforceable. True and correct copies of
the 360 Patent is attached as Exhibit D.
12.

Upon information and belief, Maud produces and sells cocktail mixes and

hot sauces sold in the United States in skull-shaped bottles as shown in true and accurate
photographs in Exhibit E.
COUNT I: TRADE DRESS INFRINGEMENT
13.

Globefill repeats, and incorporates by reference, the allegations set forth in

paragraphs 1-12.

CASE 4:14-cv-04776 Document 1 Filed 11/17/14 Page 4 of 10

14.

Defendant and its cocktail mixes are not affiliated, connected or associated

with, nor sponsored, authorized, approved or licensed by Globefill.

15.

Upon information and belief, Defendant adopted and began using skull-

shaped trade dress for its cocktail mixes without the consent or knowledge of Globefill.
16.

Defendants skull-shaped trade dress is similar to Globefills federally

registered trade dress because both parties trade dresses consist of skull-shaped bottles
for use in association with alcoholic beverages and/or products complementary and
closely related to alcoholic beverages.
17.

Upon information and belief, Globefills registered trade dress and

Defendants skull-shaped trade dress are confusingly similar and both are used in
association with competing and related products that travel in identical channels of trade.
18.

Upon information and belief, Defendants advertising, marketing, offering

for sale, and sale of cocktail mixes are likely to cause the public to be confused or
mistaken as to whether Defendant or its cocktail mixes are affiliated, connected or
associated with, or sponsored, authorized, approved or licensed by Globefill.
19.

By the acts alleged herein, Defendant has infringed Globefills federally

registered trade dress in violation of Section 32(1) of the Lanham Act

(15 U.S.C. 1114(1)). Defendant has hereby caused, is causing, and will continue to
cause Globefill serious and irreparable damage unless enjoined by this Court.
20.

Upon information and belief, the aforesaid acts of trademark infringement

have been undertaken with knowledge of Globefills exclusive rights to Globefills

federally registered trade dress, and are willful, entitling Globefill to an award of treble
4

CASE 4:14-cv-04776 Document 1 Filed 11/17/14 Page 5 of 10

damages and attorneys fees in bringing and maintaining this action, pursuant to Section
35(b) of the Lanham Act, 15 U.S.C. 1117(b).
COUNT II: FEDERAL UNFAIR COMPETITION
21.

Globefill hereby repeats and incorporates by reference, the allegations set

forth in paragraphs 1-20.

22.

Defendants advertising, marketing, offering for sale, and sale of a related

product in a confusingly similar skull-shaped trade dress constitutes unfair competition

and false designation of origin that is likely to deceive customers.
23.

By the aforesaid acts, Defendant has falsely designated the origin, quality,

and nature of their goods and business and has falsely described and represented same,
causing likelihood of confusion and constituting unfair competition in violation of
Section 43(a) of the Lanham Act (15 U.S.C. 1125(a)). Defendant has thereby caused, is
causing, and will continue to cause Globefill serious and irreparable damage for which
there is no adequate remedy at law, and Defendants acts will, unless enjoined by this
Court, continue to damage Globefill.
24.

Upon information and belief, the aforesaid acts of trademark infringement

have been undertaken with knowledge of Globefills exclusive rights to its federally
registered trade dress, and are willful, entitling Globefill to an award of treble damages
and attorneys fees in bringing and maintaining this action, pursuant to Section 35(b) of
the Lanham Act, 15 U.S.C. 1117(b).

CASE 4:14-cv-04776 Document 1 Filed 11/17/14 Page 6 of 10

COUNT III: COPYRIGHT INFRINGEMENT

25.

Globefill hereby repeats and incorporates by reference, the allegations set

forth in paragraphs 1-24.

26.

Plaintiff has been and still is the holder of all exclusive rights under the

Copyright Act, 17 U.S.C. 101, et seq., and all amendment thereto, to reproduce,
distribute, and otherwise exploit Globefills Copyright throughout the United States and
around the world.
27.

Upon information and belief, Defendant has copied and continues to copy

Globefills Copyright and Defendants infringing skull-shaped bottle for its cocktail mix
and hot sauce packaging is substantially similar to Globefills Copyright.
28.

Upon information and belief, Defendants infringing cocktail mix and hot

sauce bottles were and are distributed in interstate commerce.

29.

The manufacturing, advertising, selling, and distribution of Defendants

infringing cocktail mix and hot sauce bottles constitute unauthorized reproduction and
distribution of Globefills Copyright.
30.

By the aforesaid acts, Defendant has infringed Globefills Copyright by

copying Globefills skull-shaped bottle in the manufacture, sale, and distribution of

Defendants cocktail mixes and hot sauces with full knowledge that Globefills skullshaped bottle is protected by copyright.
31.

By the acts alleged herein, Defendant has infringed Globefills Copyright

in violation of 17 U.S.C. 501, and Globefill is entitled to recover from Defendant the

CASE 4:14-cv-04776 Document 1 Filed 11/17/14 Page 7 of 10

damages sustained by Globefill as a result of Defendants infringement of Globefills

Copyright allowable under 17 U.S.C. 502.
32.

Defendant has also hereby caused, is causing, and will continue to cause

Globefill serious and irreparable damage unless enjoined by this Court.

33.

Upon information and belief, the aforesaid acts of copyright infringement

have been undertaken with knowledge of Globefills exclusive rights to its copyright and
are willful.
COUNT IV: PATENT INFRINGEMENT
34.

Globefill hereby repeats and incorporates by reference, the allegations set

forth in paragraphs 1-33.

35.

Globefill is the lawful patent holder of design contained in the 360 Patent.

36.

Upon information and belief, Defendant has copied and continues to copy

Globefills skull-shaped bottle design contained in the 360 Patent for its cocktail mix
and hot sauce packaging without license or authorization from Globefill in violation of 35
U.S.C. 271(a).
37.

By the aforesaid acts, Defendant has infringed and continues to infringe

the 360 Patent by making, using, offering for sale, and/or selling throughout this district
and elsewhere in the United States and/or importing into this district and elsewhere in the
United States cocktail mixes and hot sauces contained in a skull-shaped bottle package
that is substantially similar to the design contained in the 360 Patent.
38.

By the acts alleged herein, Defendant has infringed Globefills 360 Patent

in violation of 35 U.S.C. 271(a), and Globefill is entitled to recover from Defendant the
7

CASE 4:14-cv-04776 Document 1 Filed 11/17/14 Page 8 of 10

damages sustained by Globefill as a result of Defendants infringement of Globefills

360 Patent allowable under 35 U.S.C. 284.
39.

By the acts alleged herein, Defendant has also caused, is causing, and will

continue to cause Globefill serious and irreparable damage unless enjoined by this Court.
40.

Upon information and belief, the aforesaid acts of patent infringement have

been undertaken with knowledge of Globefills exclusive rights to its 360 patent and are
willful.
JURY TRIAL DEMAND
41.

Plaintiff demands a trial by jury on all counts so triable.

PRAYER FOR RELIEF

WHEREFORE, Globefill requests that this Court enter judgment against

Defendant as follows:
A.

Adjudicating that Defendant has infringed Globefills federally

registered trade dress, copyright, and issued design patent;

B.

Enjoining Defendant, along with its officers, agents, servants,

employees, attorneys, confederates, and all other persons in active concert or

participation with Defendant to whom notice of the injunction is given by personal
service or otherwise, at first preliminarily, and thereafter permanently, from
making any use of any colorable imitation of Globefills skull-shaped bottle as
covered by Globefills registered trade dress, copyright, and issued design patent;
C.

Ordering Defendant to recall all goods, advertisements and

promotional materials comprising, associated with, bearing or packaged in a skull8

CASE 4:14-cv-04776 Document 1 Filed 11/17/14 Page 9 of 10

shaped bottle, that is deemed to be an infringement of Globefills registered trade

dress, copyright, and/or issued patent, from their present locations, including, but
not limited to, locations owned by others;
D.

Awarding that Defendant pay damages to Globefill adequate to

compensate Globefill for Defendants past infringement of Globefills federally

registered trade dress, copyright, and the 360 Patent and any continuing or future
infringement through the date such judgment is entered, including interest, costs,
expenses;
E.

Ordering an accounting of all infringing acts including, but not

limited to, those acts not presented at trial;

F.

Declaring that this case is exceptional under 15 U.S.C. 1117(b)

and 35 U.S.C. 285 and awarding of reasonable attorneys fees, costs, and
disbursements incurred in this action; and
G.

Awarding Globefill such further relief at law or in equity as the

Court deems just and proper.

CASE 4:14-cv-04776 Document 1 Filed 11/17/14 Page 10 of 10

Dated: November 17, 2014

GREENE ESPEL PLLP

s/ Jeanette M. Bazis
Jeanette M. Bazis, Reg. No. 255646
X. Kevin Zhao, Reg. No. 391302
222 South Ninth Street, Suite 2200
Minneapolis, MN 55402
jbazis@greeneespel.com
kzhao@greeneespel.com
(612) 373-0830
- and
Mark H. Tidman (pro hac vice admission pending)
John H. Weber (pro hac vice admission pending)
Kelu L. Sullivan (pro hac vice admission pending)
BAKERHOSTETLER
Washington Square, Suite 1100
1050 Connecticut Avenue, NW
Washington, DC 20036-5304
mtidman@bakerlaw.com
jweber@bakerlaw.com
ksullivan@bakerlaw.com
(202) 861-1500
Attorneys for Plaintiff Globefill Inc.

10

CASE 4:14-cv-04776 Document 1-1 Filed 11/17/14 Page 1 of 21

EXHIBIT A

CASE 4:14-cv-04776 Document 1-1 Filed 11/17/14 Page 2 of 21

CASE 4:14-cv-04776 Document 1-1 Filed 11/17/14 Page 3 of 21

EXHIBIT B

CASE 4:14-cv-04776 Document 1-1 Filed 11/17/14 Page 4 of 21

CASE 4:14-cv-04776 Document 1-1 Filed 11/17/14 Page 5 of 21

CASE 4:14-cv-04776 Document 1-1 Filed 11/17/14 Page 6 of 21

EXHIBIT C

CASE 4:14-cv-04776 Document 1-1 Filed 11/17/14 Page 7 of 21

CASE 4:14-cv-04776 Document 1-1 Filed 11/17/14 Page 8 of 21

CASE 4:14-cv-04776 Document 1-1 Filed 11/17/14 Page 9 of 21

EXHIBIT D

CASE 4:14-cv-04776 Document 1-1 Filed 11/17/14 Page 10 of 21

CASE 4:14-cv-04776 Document 1-1 Filed 11/17/14 Page 11 of 21

CASE 4:14-cv-04776 Document 1-1 Filed 11/17/14 Page 12 of 21

CASE 4:14-cv-04776 Document 1-1 Filed 11/17/14 Page 13 of 21

CASE 4:14-cv-04776 Document 1-1 Filed 11/17/14 Page 14 of 21

CASE 4:14-cv-04776 Document 1-1 Filed 11/17/14 Page 15 of 21

CASE 4:14-cv-04776 Document 1-1 Filed 11/17/14 Page 16 of 21

CASE 4:14-cv-04776 Document 1-1 Filed 11/17/14 Page 17 of 21

EXHIBIT E

Glass Skull with Cocktail Mixer: Lime, Strawberr... : Target

CASE 4:14-cv-04776 Document 1-1 Filed 11/17/14 Page 18 of 21

sign in / account

shop all categories

Target

grocery & essentials

beverages

my store

weekly ad

gift cards

registries

TargetLists

REDcard

0 in your cart

all

drink mixes

Glass Skull with Cocktail Mixer: Lime,

Strawberry & Bloody Mary 25 oz 3
assorted

see store for price

reg: $7.99 (save 5%)

quantity:

+
not
sold
online

add to
cart

find in a store

notes

Prices, promotions, styles and availability may vary by store and online.
View our return policy.

add to registry

overview

guest reviews

recently viewed items

add to list

share

shipping & returns

about Target

ways to save

help

the REDcard

Target stores

company info & press

weekly ads

see all help

card benefits

find a store

careers

coupons

accessibility

how to apply

clinic

http://www.target.com/p/glass-skull-with-cocktail-mixer-lime-strawberry-bloody-mary-25-oz-3-assorted/-/A-15515101#prodSlot=medium_1_8&term=drink+mixer[10/3/2014 2:06:28 PM]

Glass Skull with Cocktail Mixer: Lime, Strawberr... : Target

CASE 4:14-cv-04776 Document 1-1 Filed 11/17/14 Page 19 of 21

investor relations

clearance

track an order

optical

corporate responsibility

all the deals

return an item

pharmacy

affiliates

store pickup

photo

A Bullseye View

shipping information

portrait studio

team member services

product recalls

Bullseye Shop

size charts

advertise with us

contact us

manage my REDcard
5% off
plus everyday free
shipping
apply now

my recommendations

privacy policy | cookies | terms & conditions | CA privacy rights | CA transparency in supply chains act | about this site
2014 Target Brands, Inc. Target, the Bullseye Design and Bullseye Dog are trademarks of Target Brands, Inc. All rights reserved.

view all products by: womens mens baby kids home bath bedding appliances dcor
kitchen patio and garden furniture electronics toys health and beauty sports
shop all departments
view mobile version

http://www.target.com/p/glass-skull-with-cocktail-mixer-lime-strawberry-bloody-mary-25-oz-3-assorted/-/A-15515101#prodSlot=medium_1_8&term=drink+mixer[10/3/2014 2:06:28 PM]

Skull Bottle Mild Hot Sauce 6 oz 2 assorted : Target

CASE 4:14-cv-04776 Document 1-1 Filed 11/17/14 Page 20 of 21

sign in / account

shop all categories

Target

grocery & essentials

my store

weekly ad

gift cards

registries

TargetLists

REDcard

0 in your cart

all

cookies, chips & snacks

dips & spreads

Skull Bottle Mild Hot Sauce 6 oz 2

assorted

see store for price

quantity:

+
not
sold
online

add to
cart

find in a store

notes

Prices, promotions, styles and availability may vary by store and online.
View our return policy.

add to registry

overview

guest reviews

add to list

shipping & returns

popular searches
el pato tomato sauce

old fashioned caramel dip

pineapple peach salsa

pace hot sauce

mexican mild salsa

sabra classic hummus 10 oz

http://www.target.com/p/skull-bottle-mild-hot-sauce-6-oz-2-assorted/-/A-15515095#prodSlot=medium_2_9&term=hot+sauce[10/3/2014 2:05:03 PM]

share

Skull Bottle Mild Hot Sauce 6 oz 2 assorted : Target

CASE 4:14-cv-04776 Document 1-1 Filed 11/17/14 Page 21 of 21

recently viewed items

about Target

ways to save

help

the REDcard

Target stores

company info & press

weekly ads

see all help

card benefits

find a store

careers

coupons

accessibility

how to apply

clinic

investor relations

clearance

track an order

manage my REDcard

optical

corporate responsibility

all the deals

return an item

pharmacy

affiliates

store pickup

photo

A Bullseye View

shipping information

portrait studio

team member services

product recalls

Bullseye Shop

size charts

advertise with us

contact us

5% off
plus everyday free
shipping
apply now

my recommendations

privacy policy | cookies | terms & conditions | CA privacy rights | CA transparency in supply chains act | about this site
2014 Target Brands, Inc. Target, the Bullseye Design and Bullseye Dog are trademarks of Target Brands, Inc. All rights reserved.

view all products by: womens mens baby kids home bath bedding appliances dcor
kitchen patio and garden furniture electronics toys health and beauty sports
shop all departments
view mobile version

http://www.target.com/p/skull-bottle-mild-hot-sauce-6-oz-2-assorted/-/A-15515095#prodSlot=medium_2_9&term=hot+sauce[10/3/2014 2:05:03 PM]

CASE 4:14-cv-04776 Document 1-2 Filed 11/17/14 Page 1 of 3

CIVIL COVER SHEET

JS 44 (Rev. 12/12)

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing 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) PLAINTIFF

DEFENDANT

Globefill Incorporated
333 Eglinton Avenue East
Tortonto, Ontario M4P 1L7
Canada

Maud Borup, Inc.

2500 Highway 88, Ste 212
Minneapolis, Minnesota 55418

(b) County of Residence of First Listed Plaintiff Toronto, Ontario, Canada

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

Hennepin County, Minnesota

(IN U.S. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

Jeanette M. Bazis
X. Kevin Zhao
GREENE ESPEL PLLP
222 South Ninth Street, Suite 2200
Minneapolis, MN 55402
jbazis@greeneespel.com; kzhao@greeneespel.com
(612) 373-0830
- and Mark H. Tidman (pro hac vice admission pending)
John H. Weber (pro hac vice admission pending)
Kelu L. Sullivan (pro hac vice admission pending)
BAKERHOSTETLER
Washington Square, Suite 1100
1050 Connecticut Avenue, NW
Washington, DC 20036-5304
mtidman@bakerlaw.com; jweber@bakerlaw.com; ksullivan@bakerlaw.com
(202) 861-1500

II. BASIS OF JURISDICTION (Place an X in One Box Only)

1

U.S. Government
Plaintiff

3 Federal Question
(U.S. Government Not a Party)

U.S. Government
Defendant

4 Diversity
(Indicate Citizenship of Parties in Item III)

IV. NATURE OF SUIT

CONTRACT
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

(Place an X in One Box Only)

TORTS
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities
- Employment
446 Amer. w/Disabilities
- Other
448 Education

PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement

(For Diversity Cases Only)

PTF
1

Citizen of This State

DEF

and One Box for Defendant)

PTF
DEF
4
4

Incorporated or Principal Place

of Business In This State

Citizen of Another State

Incorporated and Principal Place

of Business In Another State

Citizen or Subject of a
Foreign Country

Foreign Nation

FORFEITURE/PENALTY
625 Drug Related Seizure
of Property 21 USC 881
690 Other

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark

LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS

870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609

OTHER STATUTES
375 False Claims Act
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

CASE 4:14-cv-04776 Document 1-2 Filed 11/17/14 Page 2 of 3

V. ORIGIN (Place an X in One Box Only)
1 Original
Proceeding

2 Removed from
State Court

VI. CAUSE OF
ACTION

3 Remanded from
Appellate Court

Reinstated or
Reopened

5 Transferred from
Another District
(specify)

6 Multidistrict
Litigation

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
15 U.S.C. 1114(1) and 1125(a); 17 U.S.C. 101 et seq.; and 35 U.S.C. 1 et seq.
Brief description of cause:
Trademark, Copyright and Design Patent Infringement
CHECK YES only if demanded in complaint:
DEMAND $
CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
According to proof
Yes
No
JURY DEMAND:

VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY

None.
(See instructions):

DATE

JUDGE

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

11/17/2014

s/ Jeanette M. Bazis

FOR OFFICE USE ONLY

RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

JS 44 Reverse (Rev. 12/12)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

605421255.1

CASE
4:14-cv-04776
Filed 11/17/14
Page
3 or other papers as
The JS 44 civil cover sheet and
the information
contained hereinDocument
neither replaces1-2
nor supplements
the filings and
service3ofof
pleading
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. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I. (a)
(b)
(c)

Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at
the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In
land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment,
noting in this section "(see attachment)".

II.

Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III.

Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark
this section for each principal party.

IV.

Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more
than one nature of suit, select the most definitive.

V.

Origin. Place an "X" in one of the six boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.

VI.

Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII.

Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII.

Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.

605421255.1