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Case 8:17-cv-01245-JLS-JDE Document 1 Filed 07/20/17 Page 1 of 9 Page ID #:1

1 Jon A. Birmingham (Cal. Bar No. 271034)


jbirmi@fitcheven.com
2 David M. Kogan (Cal. Bar No. 231383)
3 dkogan@fitcheven.com
Fitch, Even, Tabin & Flannery LLP
4 21700 Oxnard Street, Suite 1740
Woodland Hills, California 91367
5 Telephone: (818) 715-7025
6 Facsimile: (818) 715-7033
7 Attorneys for Plaintiff,
BELAVA, LLC
8
9 IN THE UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
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11 BELAVA, LLC, a California Limited Case No.:
12 Liability Company,
COMPLAINT FOR PATENT
13 Plaintiff, INFRINGEMENT
14
vs. JURY TRIAL DEMANDED
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16 DION NAILS SUPPLY, INC. (d/b/a
SKYLARK NAIL SUPPLY), a California
17 Corporation,
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Defendant.
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Case 8:17-cv-01245-JLS-JDE Document 1 Filed 07/20/17 Page 2 of 9 Page ID #:2

1 Plaintiff Belava, LLC (Belava) brings this suit for design patent infringement,
2 federal trade dress infringement and federal and state unfair competition against Dion Nail
3 Supply, Inc. d/b/a Skylark Nail Supply (hereinafter, Defendant) and alleges as follows:
4
5 JURISDICTION AND VENUE
6 1. This Court has subject matter jurisdiction under 28 U.S.C. 1331; and 28
7 U.S.C. 1338(a).
8 2. This Court has personal jurisdiction over the Defendant because, among other
9 things, the Defendant conducts and solicits business in this jurisdiction and, on information
10 and belief, is a resident of this jurisdiction and has committed at least some of the conduct
11 discussed herein in this district.
12 3. Venue is proper in this district under 28 U.S.C. 1391(b) as the Defendant
13 resides in this district and a substantial part of the events giving rise the claims herein
14 occurred in this district.
15
16 THE PARTIES
17 4. Belava is a California Limited Liability Company with its principal place of
18 business at 21500 Blythe Street, Canoga Park, CA 91304.
19 5. Upon information and belief, Defendant is a California corporation with a
20 place of business at 13858 Brookhurst Street, Garden Grove, CA 92843.
21 6. Upon information and belief, Defendant does business as Skylark Nail Supply
22 at 13858 Brookhurst Street, Garden Grove, CA 92843.
23
24 FACTUAL ALLEGATIONS
25 THE NATURE OF THIS ACTION
26 7. In 2004, Belava introduced its distinctive and innovative soaking basin and
27 disposable liners for use during pedicures. Over the past 10 years, Belava has
28 manufactured, marketed, and sold its soaking basin and disposable liners both in

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Case 8:17-cv-01245-JLS-JDE Document 1 Filed 07/20/17 Page 3 of 9 Page ID #:3

1 combination and separately as an elegantly designed product line with a distinctive and
2 unmistakable look that consumers have come to associate with the Belava name.
3 8. On April 19, 2005, United States Patent No. D504,178 S was duly and lawfully
4 issued (hereinafter, the 178 patent). A copy of the 178 patent is attached as Exhibit 1
5 hereto. Belavas basins include the word Patented.
6 9. Belava is the owner of all right, title, and interest in and to the 178 patent, as
7 documented via an assignment recorded with the U.S. Patent and Trademark Office at
8 reel/frame 034814/0977.
9 10. Belavas patented designs have been the subject of emulation by Defendant,
10 who has attempted to capitalize of Belavas success by imitating Belavas distinctive
11 product designs and patented designs.
12 11. Instead of pursuing independent product development, Defendant has chosen
13 to copy Belavas distinctive product designs and patented designs in violation of Belavas
14 valuable intellectual property rights.
15 12. Defendant has manufactured, offered for sale, sold, used, and/or imported the
16 soaking basins and disposable liners that infringe the patented designs of the 178 patent.
17 13. Defendant was advised of its infringing activity in a cease and desist letter
18 dated May 20, 2017, attached as Exhibit 2 hereto, to which Defendant did not reply.
19 14. By this action, Belava seeks to put a stop to Defendants infringing conduct
20 and obtain compensation for the infringement.
21
22 FIRST CAUSE OF ACTION
23 PATENT INFRINGEMENT (35 U.S.C. 271 et seq.)
24 15. Belava repeats and realleges paragraphs 1-14 of this Complaint as if fully set
25 forth herein.
26 16. Defendant has infringed and/or continues to infringe Belavas 178 patent,
27 including by contributory infringement, by using, selling and/or offering to sell, in the
28 United States and/or importing into the United States, soaking basins and disposable liners

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Case 8:17-cv-01245-JLS-JDE Document 1 Filed 07/20/17 Page 4 of 9 Page ID #:4

1 for the soaking basins, including those identified in this Complaint.


2 17. Belavas 178 patent shows, for example, a soaking basin having a specific
3 shape including side walls and a flange surrounding the opening of the soaking basin and
4 including handles and a liner of a shape corresponding to the basin and including side walls,
5 a flange surrounding the opening of the liner and including a corner lift tab. The disposable
6 liner is configured to fit partially within the tub. Upon information and belief, the
7 disposable liner has no substantial use other than with the basin, and is not a commodity or
8 staple article of commerce suitable for substantial non-infringing use.
9 18. Defendants soaking basins appear to be virtually identical to the soaking basin
10 shown in Belavas 178 patent, including incorporating the above-identified features. This
11 is apparent from a comparison of Defendants soaking basin with Belavas 178 patent,
12 including, but not limited to, the comparison made below:
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22 Belava 178 Patent Fig. 3 Defendants Infringing Basin
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Case 8:17-cv-01245-JLS-JDE Document 1 Filed 07/20/17 Page 5 of 9 Page ID #:5

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11 Belavas 178 Patent Fig. 4 Defendants Infringing Basin
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13 19. Defendants basins are a slavish and willful attempt to copy Belavas basins,
14 as evident by Defendants addition of a floral motif on its basins, similar to that on Belavas
15 basins.
16 20. Defendants disposable liners are virtually identical to the liner shown in
17 Belavas 178 patent, including incorporating the above-identified features. This is
18 apparent from a comparison of Defendants disposable liner with Belavas 178 patent,
19 including, but not limited to, the comparison made below:
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Belava 178 Patent Fig. 12 Defendants Infringing Liner
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Case 8:17-cv-01245-JLS-JDE Document 1 Filed 07/20/17 Page 6 of 9 Page ID #:6

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Belavas 178 Patent Fig. 13 Defendants Infringing Liner
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14 21. Defendants infringing activities violate 35 U.S.C. 271, including sections
15 (a) and (c) thereof.
16 22. In the eye of an ordinary observer, giving such attention as a purchaser usually
17 gives, Defendants accused products and Belavas patented designs are substantially the
18 same, particularly given that they are virtually identical.
19 23. An ordinary observer would see the design of Defendants accused products
20 as making the same design impression, or as being the same design, as Belavas patented
21 designs, particularly given that they are virtually identical.
22 24. Upon information and belief, Defendant has profited from its infringing
23 activities.
24 25. As a result of Defendants conduct, Belava has been substantially harmed,
25 suffered actual damages, lost profits, and has been forced to retain legal counsel and pay
26 attorneys fees and costs associated with bringing this action to enforce its rights.
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Case 8:17-cv-01245-JLS-JDE Document 1 Filed 07/20/17 Page 7 of 9 Page ID #:7

1 PRAYER FOR RELIEF


2 WHEREFORE, Belava prays for relief against Defendant as follows:
3 1. A judgment that Defendant has infringed Belavas 178 patent, including
4 willful infringement;
5 2. An order and judgment preliminarily and permanently enjoining Defendant
6 and its officers, directors, agents, servants, employees, affiliates, attorneys, and all others
7 acting in privity or in concert with them, and their parents, subsidiaries, divisions,
8 successors and assigns, from further acts of infringement of Belavas 178 patent including
9 but not limited to making, using, selling, and/or marketing a pedicure soaking basin that
10 infringes Belavas 178 patent and/or a disposable liner (for a pedicure soaking basin) that
11 infringes Belavas 178 patent;
12 3. An order that Defendant shall destroy or deliver to Belava all advertising
13 relating to and goods that infringe the 178 patent;
14 4. An order that Defendant shall identify any supplier of the goods that infringe
15 the 178 patent and the location of any molds used to make such goods;
16 5. A judgment awarding Belava all damages adequate to compensate for
17 Defendants infringement of Belavas 178 patent, and in no event less than a reasonable
18 royalty for Defendants acts of infringement, including all pre-judgment and post-judgment
19 interest at the maximum rate permitted by law;
20 6. A judgment awarding Belava all damages, including treble damages, based on
21 any infringement found to be willful, pursuant to 35 U.S.C. 284, together with
22 prejudgment interest;
23 7. Actual damages suffered by Belava as a result of each of Defendants
24 infringing conduct, in an amount to be proven at trial, as well as prejudgment interest as
25 authorized by law;
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Case 8:17-cv-01245-JLS-JDE Document 1 Filed 07/20/17 Page 8 of 9 Page ID #:8

1 8. Costs of suit and reasonable attorneys' fees; and


2 9. Any other remedy to which Belava may be entitled.
3
4 Dated: July 20, 2017 FITCH, EVEN, TABIN & FLANNERY LLP
5
6 By: /s/ Jon A. Birmingham
7 Jon A. Birmingham
Attorney for Plaintiff
8 BELAVA, LLC
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Case 8:17-cv-01245-JLS-JDE Document 1 Filed 07/20/17 Page 9 of 9 Page ID #:9

1 DEMAND FOR JURY TRIAL


2 Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Belava hereby
3 demands a jury trial on all issues raised by the Complaint.
4
5 Dated: July 20, 2017 FITCH, EVEN, TABIN & FLANNERY LLP
6
7 By: /s/ Jon A. Birmingham
Jon A. Birmingham
8 Attorney for Plaintiff
9 BELAVA, LLC

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Case 8:17-cv-01245-JLS-JDE Document 1-1 Filed 07/20/17 Page 1 of 11 Page ID #:10
USO0D504178S

(12) United States Design Patent (10) Patent N0.2 US D504,178 s


Z0l0tnik (45) Date of Patent: ** Apr. 19, 2005

(54) COMBINED SOAKING BASIN AND FIG. 2 is an exploded perspective vieW thereof;
DISPOSABLE LINER
FIG. 3 is an upper perspective vieW of the soaking basin,
With the disposable liner removed for ease of illustration;
(76) Inventor: Vladimir Zolotnik, 7308 Easthaven
La., West Hills, CA (US) 91307 FIG. 4 is a top plan vieW;
(**) Term: 14 Years FIG. 5 is an end elevational vieW thereof;
FIG. 6 is a side elevational vieW thereof;
(21) Appl. No.: 29/180,418
FIG. 7 is a bottom plan vieW thereof;
(22) Filed: Apr. 22, 2003
FIG. 8 is a cross-sectional vieW thereof, taken along line
(51) LOC (7) Cl. ......... .. 28-03 88 of FIG. 4;
(52) US. Cl. . . . . . . . . . . . . . . . . . . . . . . . . . .. D24/213
FIG. 9 is an cross-sectional vieW thereof, taken along line
(58) Field of Search .............................. .. D24/213, 212, 99 of FIG. 4;
D24/211, 123; D23/278, 284; D28/56; 601/27,
70, 28; 604/293; 4/622, 619 FIG. 10 is an enlarged sectional vieW thereof, taken along
line 10 of FIG. 9;
(56) References Cited
FIG. 11 is an enlarged sectional vieW thereof, taken along
U.S. PATENT DOCUMENTS line 11 of FIG. 9;
1,060,236 A * 4/1913 Dodge ......................... .. 4/622 FIG. 12 is an upper perspective vieW of the disposable liner,
2,061,142 A * 11/1936 DenocenZo ..... . . . .. 4/622 With the soaking basin removed for ease of illustration;
D215,566 S * 10/1969 Gilson ....... .. D24/123
3,851,340 A * 12/1974 Keusch ...... .. 4/622 FIG. 13 is a top plan vieW thereof;
D322,320 S * 12/1991 Cohn ........ .. D24/213
FIG. 14 is an end elevational vieW thereof;
D330,426 S * 10/1992 Elkerbout D24/213
2004/0003460 A1 * 1/2004 Zolotnik ...................... .. 4/622 FIG. 15 is a side elevational vieW thereof;
* cited by examiner FIG. 16 is a bottom plan vieW thereof;
Primary Examinerlan Simmons FIG. 17 is a cross-sectional vieW thereof, taken along line
(74) Attorney, Agent, or FirmFreilich, Hornbaker & 1717 of FIG. 13;
Rosen
FIG. 18 is a cross-sectional vieW thereof, taken along line
(57) CLAIM 1818 of FIG. 13; and,
The ornamental design for a combined soaking basin and FIG. 19 is an enlarged sectional vieW thereof, taken along
disposable liner, as shoWn and described. line 10 of FIG. 18.
DESCRIPTION
FIG. 1 is an upper perspective vieW of a combined soaking
basin and disposable liner my neW design; 1 Claim, 10 Drawing Sheets

Exhibit 1
Page 10
Case 8:17-cv-01245-JLS-JDE Document 1-1 Filed 07/20/17 Page 2 of 11 Page ID #:11

U.S. Patent Apr. 19,2005 Sheet 1 0f 10 US D504,178 S

FIG.2

H61

Exhibit 1
Page 11
Case 8:17-cv-01245-JLS-JDE Document 1-1 Filed 07/20/17 Page 3 of 11 Page ID #:12

U.S. Patent Apr. 19,2005 Sheet 2 0f 10 US D504,178 S

FIG.3

Exhibit 1
Page 12
Case 8:17-cv-01245-JLS-JDE Document 1-1 Filed 07/20/17 Page 4 of 11 Page ID #:13

U.S. Patent Apr. 19,2005 Sheet 3 0f 10 US D504,178 S

Exhibit 1
Page 13
Case 8:17-cv-01245-JLS-JDE Document 1-1 Filed 07/20/17 Page 5 of 11 Page ID #:14

U.S. Patent Apr. 19,2005 Sheet 4 0f 10 US D504,178 S

.01w

Exhibit 1
Page 14
Case 8:17-cv-01245-JLS-JDE Document 1-1 Filed 07/20/17 Page 6 of 11 Page ID #:15

U.S. Patent Apr. 19, 2005 Sheet 5 0f 10 US D504,178 S

:9.,@0I1

Exhibit 1
Page 15
Case 8:17-cv-01245-JLS-JDE Document 1-1 Filed 07/20/17 Page 7 of 11 Page ID #:16

U.S. Patent Apr. 19, 2005 Sheet 6 0f 10 US D504,178 S

Exhibit 1
Page 16
Case 8:17-cv-01245-JLS-JDE Document 1-1 Filed 07/20/17 Page 8 of 11 Page ID #:17

U.S. Patent Apr. 19, 2005 Sheet 7 0f 10 US D504,178 S

Exhibit 1
Page 17
Case 8:17-cv-01245-JLS-JDE Document 1-1 Filed 07/20/17 Page 9 of 11 Page ID #:18

U.S. Patent Apr. 19,2005 Sheet 8 0f 10 US D504,178 S

FIG.17

Exhibit 1
Page 18
Case 8:17-cv-01245-JLS-JDE Document 1-1 Filed 07/20/17 Page 10 of 11 Page ID #:19

U.S. Patent Apr. 19,2005 Sheet 9 0f 10 US D504,178 S

Exhibit 1
Page 19
Case 8:17-cv-01245-JLS-JDE Document 1-1 Filed 07/20/17 Page 11 of 11 Page ID #:20

U.S. Patent Apr. 19,2005 Sheet 10 0f 10 US D504,178 S

FIG.19

Exhibit 1
Page 20
Case 8:17-cv-01245-JLS-JDE Document 1-2 Filed 07/20/17 Page 1 of 15 Page ID #:21

David M. Kogan, Esq.


818.715.7030
dkogan@fitcheven.com

May 23, 2017

Via Federal Express and Email

Ha Pham or Store Manager


Skylark Nails Supply
13858 Brookhurst Street
Garden Grove, CA 92843

Re: Design Patent Infringement


Our Client: Belava LLC
Our Reference 20252-141082

Dear Ms. Pham:

We represent Belava, LLC (Belava) with regard to intellectual property matters. Belava is a
leading manufacturer and distributor of disposable liners for pedicure tubs. Belava owns a patent
protecting its disposable liner, namely, United States Patent No. D504,178 S (the 178 patent).
Attached is a copy of Belavas 178 patent.
Belava has learned that Skylark is offering for sale lookalike disposable liners that are covered
by Belavas 178 patent. Please be advised that the unauthorized manufacture, importation, use,
offer to sell, and sale of products in the United States incorporating patented subject matter
constitutes patent infringement under 35 U.S.C. 271, which also allows for injunctive relief and
damages, and the potential recovery of attorneys fees and increased damages for willful
infringement.
We ask that Skylark carefully consider Belavas longstanding and substantial rights in this
matter. Please be advised that Belava has successfully enforced its patent rights against other
companies, such as Fuji Nails, Inc. We note that the liners being sold by your company appear
substantially identical at least to the liners that were sold by Fuji Nails, Inc.
Belava would prefer to resolve this matter amicably, if such a resolution can be reached
promptly. Towards that end, we demand that Skylark:
(1) identify the source of the infringing disposable liner including any distributor(s) and
manufacturer(s);
(2) immediately agree to cease and desist from all of its commercial activities relating to
the infringing disposable liners; and
(3) provide an accounting (date first sold, total number of products, and total dollar
amount received) for all infringing disposable liners sold by Skylark, including the volume of
unsold product in inventory.

Exhibit 2
Page 21
Case 8:17-cv-01245-JLS-JDE Document 1-2 Filed 07/20/17 Page 2 of 15 Page ID #:22

Ha Pham or Store Manager May 23, 2017


Skylark Nails Supply

Belava would welcome any effort by Skylark to purchase Belavas disposable liners directly
from Belava and/or otherwise become an authorized distributor of Belavas disposable liners.
In the interest of reaching a prompt resolution and to avoid the possibility of facing a court
action, please fill out and return to us a signed copy of the attached Declaration form no later
than Friday, June 9, 2017. In the event of your failure to do so, Belava expressly reserves all
rights and remedies against you at law and in equity.
Very truly yours,
FITCH, EVEN, TABIN & FLANNERY LLP

David M. Kogan

Enclosures: U.S. Patent No. D504,178S


Declaration of Compliance

Exhibit 2
Page 22
Case 8:17-cv-01245-JLS-JDE Document 1-2 Filed 07/20/17 Page 3 of 15 Page ID #:23
USO0D504178S

(12) United States Design Patent (10) Patent N0.2 US D504,178 s


Z0l0tnik (45) Date of Patent: ** Apr. 19, 2005

(54) COMBINED SOAKING BASIN AND FIG. 2 is an exploded perspective vieW thereof;
DISPOSABLE LINER
FIG. 3 is an upper perspective vieW of the soaking basin,
With the disposable liner removed for ease of illustration;
(76) Inventor: Vladimir Zolotnik, 7308 Easthaven
La., West Hills, CA (US) 91307 FIG. 4 is a top plan vieW;
(**) Term: 14 Years FIG. 5 is an end elevational vieW thereof;
FIG. 6 is a side elevational vieW thereof;
(21) Appl. No.: 29/180,418
FIG. 7 is a bottom plan vieW thereof;
(22) Filed: Apr. 22, 2003
FIG. 8 is a cross-sectional vieW thereof, taken along line
(51) LOC (7) Cl. ......... .. 28-03 88 of FIG. 4;
(52) US. Cl. . . . . . . . . . . . . . . . . . . . . . . . . . .. D24/213
FIG. 9 is an cross-sectional vieW thereof, taken along line
(58) Field of Search .............................. .. D24/213, 212, 99 of FIG. 4;
D24/211, 123; D23/278, 284; D28/56; 601/27,
70, 28; 604/293; 4/622, 619 FIG. 10 is an enlarged sectional vieW thereof, taken along
line 10 of FIG. 9;
(56) References Cited
FIG. 11 is an enlarged sectional vieW thereof, taken along
U.S. PATENT DOCUMENTS line 11 of FIG. 9;
1,060,236 A * 4/1913 Dodge ......................... .. 4/622 FIG. 12 is an upper perspective vieW of the disposable liner,
2,061,142 A * 11/1936 DenocenZo ..... . . . .. 4/622 With the soaking basin removed for ease of illustration;
D215,566 S * 10/1969 Gilson ....... .. D24/123
3,851,340 A * 12/1974 Keusch ...... .. 4/622 FIG. 13 is a top plan vieW thereof;
D322,320 S * 12/1991 Cohn ........ .. D24/213
FIG. 14 is an end elevational vieW thereof;
D330,426 S * 10/1992 Elkerbout D24/213
2004/0003460 A1 * 1/2004 Zolotnik ...................... .. 4/622 FIG. 15 is a side elevational vieW thereof;
* cited by examiner FIG. 16 is a bottom plan vieW thereof;
Primary Examinerlan Simmons FIG. 17 is a cross-sectional vieW thereof, taken along line
(74) Attorney, Agent, or FirmFreilich, Hornbaker & 1717 of FIG. 13;
Rosen
FIG. 18 is a cross-sectional vieW thereof, taken along line
(57) CLAIM 1818 of FIG. 13; and,
The ornamental design for a combined soaking basin and FIG. 19 is an enlarged sectional vieW thereof, taken along
disposable liner, as shoWn and described. line 10 of FIG. 18.
DESCRIPTION
FIG. 1 is an upper perspective vieW of a combined soaking
basin and disposable liner my neW design; 1 Claim, 10 Drawing Sheets

Exhibit 2
Page 23
Case 8:17-cv-01245-JLS-JDE Document 1-2 Filed 07/20/17 Page 4 of 15 Page ID #:24

U.S. Patent Apr. 19,2005 Sheet 1 0f 10 US D504,178 S

FIG.2

H61

Exhibit 2
Page 24
Case 8:17-cv-01245-JLS-JDE Document 1-2 Filed 07/20/17 Page 5 of 15 Page ID #:25

U.S. Patent Apr. 19,2005 Sheet 2 0f 10 US D504,178 S

FIG.3

Exhibit 2
Page 25
Case 8:17-cv-01245-JLS-JDE Document 1-2 Filed 07/20/17 Page 6 of 15 Page ID #:26

U.S. Patent Apr. 19,2005 Sheet 3 0f 10 US D504,178 S

Exhibit 2
Page 26
Case 8:17-cv-01245-JLS-JDE Document 1-2 Filed 07/20/17 Page 7 of 15 Page ID #:27

U.S. Patent Apr. 19,2005 Sheet 4 0f 10 US D504,178 S

.01w

Exhibit 2
Page 27
Case 8:17-cv-01245-JLS-JDE Document 1-2 Filed 07/20/17 Page 8 of 15 Page ID #:28

U.S. Patent Apr. 19, 2005 Sheet 5 0f 10 US D504,178 S

:9.,@0I1

Exhibit 2
Page 28
Case 8:17-cv-01245-JLS-JDE Document 1-2 Filed 07/20/17 Page 9 of 15 Page ID #:29

U.S. Patent Apr. 19, 2005 Sheet 6 0f 10 US D504,178 S

Exhibit 2
Page 29
Case 8:17-cv-01245-JLS-JDE Document 1-2 Filed 07/20/17 Page 10 of 15 Page ID #:30

U.S. Patent Apr. 19, 2005 Sheet 7 0f 10 US D504,178 S

Exhibit 2
Page 30
Case 8:17-cv-01245-JLS-JDE Document 1-2 Filed 07/20/17 Page 11 of 15 Page ID #:31

U.S. Patent Apr. 19,2005 Sheet 8 0f 10 US D504,178 S

FIG.17

Exhibit 2
Page 31
Case 8:17-cv-01245-JLS-JDE Document 1-2 Filed 07/20/17 Page 12 of 15 Page ID #:32

U.S. Patent Apr. 19,2005 Sheet 9 0f 10 US D504,178 S

Exhibit 2
Page 32
Case 8:17-cv-01245-JLS-JDE Document 1-2 Filed 07/20/17 Page 13 of 15 Page ID #:33

U.S. Patent Apr. 19,2005 Sheet 10 0f 10 US D504,178 S

FIG.19

Exhibit 2
Page 33
Case 8:17-cv-01245-JLS-JDE Document 1-2 Filed 07/20/17 Page 14 of 15 Page ID #:34
DECLARATION OF COMPLIANCE

I, __________________, as a below named authorized signatory of Skylark Nails Supply


having an address of 13858 Brookhurst Street, Garden Grove, CA 92843, hereby declare on
behalf of Skylark Nails Supply as follows in response to Belavas C&D letter of May 23, 2017:

1. Skylark Nails Supply agrees to immediately agree to cease and desist from all of its
commercial activities including but not limited to sale, manufacture, and advertising of
disposable liners (or any pedicure tubs that utilize disposable liners) covered by Belavas
U.S. Patent No. D504,178S;
2. The following represents a complete accounting for all disposable liner products sold by
Skylark Nails Supply that infringe Belavas U.S. Patent No. D504,178S:
a. Year, month, and date the disposable liners were first offered for sale: ________;
b. Total number of disposable liner units sold to date: _______________
c. Total sales from date first offered for sale to present: $_______________
3. The source(s) of the disposable liners being sold by Skylark Nails Supply (including any
distributor(s) and manufacturer(s)) is/are: ______________________________________

This document is being executed on the date(s) indicated below.

_____________________________________ ____________________________
Name Date
As authorized signatory for Skylark Nails Supply

State of _________________ )
) ss.
County of _______________ )

On ____________________ before me, _____________________________Notary Public,


personally appeared _________________________ who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature __________________________________ (Seal)

-1-
Exhibit 2
Page 34
Case 8:17-cv-01245-JLS-JDE Document 1-2 Filed 07/20/17 Page 15 of 15 Page ID #:35

June 22,2017

Dear Customer:

The following is the proof-of-delivery for tracking number 779212866497.

Delivery Information:
Status: Delivered Delivered to: Receptionist/Front Desk
Signed for by: A.NGUYEN Delivery location: 13858 BROOKHURST ST
GARDEN GROVE, CA
92843
Service type: FedEx Standard Overnight Delivery date: May 24, 2017 12:41
Special Handling: Deliver Weekday

Adult Signature Required

Shipping Information:
Tracking number: 779212866497 Ship date: May 23, 2017
Weight: 0.5 lbs/0.2 kg

Recipient: Shipper:
Ha Pham or Store Manager David M. Kogan
Skylark Nails Supply Fitch Even Tabin & Flannery LLP
13858 Brookhurst Street 21700 Oxnard Street
GARDEN GROVE, CA 92843 US Suite 1740
WOODLAND HILLS, CA 91367 US
Reference 20252-1411082

Thank you for choosing FedEx.

Exhibit 2
Page 35

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