Tribu v. Source Furniture - Complaint (S.D. Fla.)

Case 1:18-cv-23626-KMM Document 1 Entered on FLSD Docket 09/05/2018 Page 1 of 10
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA
CASE NO.
TRIBÙ, NV, a Belgian corporation,
Plaintiff,
v.
SOURCE FURNITURE, LLC, a Florida
limited liability company,
Defendant.
_______________________________________/
COMPLAINT FOR TRADE DRESS INFRINGEMENT,

DESIGN PATENT INFRINGEMENT, AND UNFAIR COMPETITION
Plaintiff Tribù NV (“Tribù”) alleges as follows against Defendant Source Furniture

Outdoor, LLC (“Source”):
THE NATURE OF THE ACTION
1. Tribù is a designer of premium and innovative outdoor furniture. It devotes
enormous resources and works closely with world class designers to create and produce a
distinctive line of products that has achieved considerable acclaim. In the United States,
Tribù’s products are offered exclusively through JANUS et Cie (“Janus”). Janus offers Tribù’s
fine furniture in its own prestigious retail stores and other high-end retailers. Tribù
commissioned Monica Armani, a well-known Italian architect and designer, to create a line of
outdoor furniture that came to be known as the Tosca collection. Ms. Armani explains the
inspiration for her “one of a kind” design on a video shown on her website www.monica-
armani.com, also available at https://vimeo.com/264569833.
2. Tribù’s Tosca collection includes arm chairs, club chairs, lounge chairs, sofas
and day beds. The central design features of each of the pieces are rounded stainless steel
frames that are upholstered with extra wide braiding in a gauzy foam material, creating a
unique impression that is soft, inviting, and comfortable. Examples better reveal these features:
LOTT & FISCHER, PL • 255 Aragon Avenue • Third Floor • Coral Gables, FL 33134
Telephone: (305) 448-7089 • Facsimile: (305) 446-6191
Case 1:18-cv-23626-KMM Document 1 Entered on FLSD Docket 09/05/2018 CASE
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3. The Tosca collection was a significant commercial success and received

numerous accolades for its original design. For example, the collection was nominated for
Interior Designs: Best of Year 2014 seating: residential/lounge category. It received another
award from ADEX for the club chair.
4. After years of demonstrated success over several selling seasons, and despite the
fact that Tribù’s distinctive designs were protected by patents and were exclusively associated
by consumers with Tribù, Source elected to copy the entire Tosca collection, calling it by
another highly referential opera-inspired term, “Aria.” Source’s infringing Aria product
collection is featured on its website at http://www.sourcefurniture.com/products/aria/.
5. Tribù has demanded that Source stop its sales of the Aria products and Source
has refused, indicating that it intends to continue willfully infringing Tribù’s rights, at least
until enjoined by this Court. Accordingly, this action is necessary to stop Source from
misappropriating Tribù’s goodwill and patented designs.
THE PARTIES
6. Tribù is a Belgian corporation with its principal place of business in Bilzen,
Belgium.
7. Source is a Florida limited liability company, with its principal place of business
in Miami, Florida.
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JURISDICTION AND VENUE

8. The Court has subject matter jurisdiction over this action under 28 U.S.C. § 1331
(federal question), 15 U.S.C. §1121 (trademarks), 28 U.S.C. § 1338(a) patents, 28 U.S. Code §
1367 (supplemental jurisdiction), and 28 U.S.C. § 1132 (diversity jurisdiction). Exclusive of
costs and attorneys’ fees, the amount in controversy, Tribù is informed and believes, exceeds
$75,000.
9. The Court has personal jurisdiction over Source because Source is a Florida
limited liability company, having its primary place of business in Florida. Source’s sole member
resides in Florida, as do Source’s officers and regular employees.
10. Venue is appropriate under 28 U.S.C. § 1400(b) because Source’s principal place
of business is in this judicial district and its sole member also resides in this district. Venue is
also appropriate under 28 U.S.C. § 1391(b) because a substantial part of the events or omissions
giving rise to these claims occurred in this judicial district.
SUMMARY OF RELEVANT FACTS
11. Tribù is a leading designer and producer of outdoor furniture. It distributes its
products in the United States exclusively through Janus, a prestigious retailer and distributor of
premium furniture lines. Among the products Tribù offers, throughout the United States, is its
Tosca collection, which includes arm and club chairs, tables, sofas, day beds and lounges.
12. Monica Armani, a well-known designer and architect, designed the Tosca
collection which features rounded seats, framed by soft lines in tubular powder coated stainless
steel, upholstered distinctively with woven extra-wide gauzy foam braiding that creates a
uniquely comfortable and distinctive appearance.
13. Because the design was so unique, Tribù, with Ms. Armani as inventor, obtained a
design patent for the club chair, US D720,149 S (“the “’149 Patent”), which is attached as
Exhibit A to this complaint. Figure 1 of the ’149 Patent is shown here:
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14. Tribù, again with Ms. Armani as inventor, also applied for and obtained US
Design Patent, No. D761,582 S (for the Tosca arm chair design) (the “’582 Patent”), which is
attached as Exhibit B to this complaint. Figure 1 of the ’582 patent is shown here:
15. By virtue of these patents, Tribù is entitled to exclude all others who are selling
products with a substantially similar design. Tribù launched the Tosca collection to acclaim in
2014. Through Janus, Tribù’s Tosca collection is displayed in showrooms of prestigious
retailers and wholesalers throughout the United States. The Tosca collection is marketed in
publications and websites promoting luxury goods, including Interior Design, Luxe, Hospitality
Design Expo, Robb Report and Interiors + Sources. Tribù’s products have been promoted at
trade shows, some of which are regularly attended by Source.
16. As a result of the promotion and distinctiveness of the individual products in the
Tosca collection, by virtue of their overall shapes, and unique weave and extra-wide braiding,
each product within the Tosca collection is associated exclusively with Tribù. In addition, the
Tosca collection as a whole, by virtue of the distinctive products assorted together and the
collective impact of the collection on consumers from marketing these products together, also
has become associated by consumers exclusively with Tribù.
17. By at least May 2018, Source had begun displaying and attempting to sell a copy
of the Tosca collection, which it markets as its “Aria” collection (in direct reference to the
associations with opera of “Tosca”). Each piece in the Aria collection deliberately knocks off
the design of each of the distinctive features of the counterpart product within the Tosca
collection.
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18. Other than trivial differences, the Tosca and Aria collections are essentially
copies. For example, the Aria collection is made from powder-coated aluminum rather than
powder-coated stainless steel. The frames (that are almost entirely obscured by the braided
upholstery) used in some products within Source’s Aria collection appear to have slight
differences from the Tosca collection. Otherwise, it is undeniable that all of the distinctive
features in Tribù’s Tosca collection are fully captured in the Aria designs.
19. The degree of imitation and the adoption of a referential name for the Aria
collection is only consistent with Source having deliberately and purposefully copied Tribù’s
original designs in an attempt to capitalize on Tribù’s innovation and to misappropriate Tribù’s
goodwill.
20. Consumers who view Source’s Aria products, on display, for sale, or as used in a
post-sale environment are likely to be confused about the origins of the Aria products, or about
an affiliation or sponsorship by Tribù of the Aria products or Source. The Aria collection will
likely be understood by consumers as a line of furniture that is being marketed by the original
creators of the Tosca collection as a less premium version.
21. Source’s actions have caused and will cause Tribù irreparable harm for which
money damages and other remedies are inadequate. Unless Source is restrained by this Court, it
will continue and/or expand its illegal activities and otherwise continue to cause irreparable
damage and injury to Tribù by, among other things:
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a. Depriving Tribù of its statutory rights to use and control use of its trade
dress and patents;
b. Creating a likelihood of confusion, mistake, and deception among
consumers and the trade as to the source of the Aria products;
c. Causing the public falsely to associate Source with Tribù or its products,
or vice versa;
d. Causing incalculable and irreparable damage to Tribù’s goodwill and
exclusivity in the Tribù trade dress; and
e. Causing Tribù to lose sales of its genuine products.
22. In addition to other relief, Tribù is entitled to injunctive relief against Source and
all persons acting in concert with it.
FIRST CLAIM
FEDERAL UNFAIR COMPETITION
(False Designation of Origin and False Description - 15 U.S.C. § 1125(a))
23. Tribù realleges and incorporates by reference each of the allegations contained
in paragraphs 1 through 22 of this Complaint.
24. Source is using non-functional trade dress comprising symbols and devices
tending falsely to describe the Aria products, within the meaning of 15 U.S.C. § 1125(a)(1).
Source’s conduct is likely to cause confusion, mistake, or deception by or in the public as to the
source, affiliation, connection, association, origin, sponsorship, or approval of the infringing
products to the detriment of Tribù and in violation of 15 U.S.C. § 1125(a)(1).
25. As a direct and proximate result of Source’s conduct, Tribù is entitled to recover
Source’s unlawful profits and Tribù's damages, and to an award of attorneys’ fees under 15
U.S.C. § 1117(a).
26. Unless enjoined by this Court, Source’s continued acts of infringement will
cause substantial and irreparable harm. Tribù is entitled to injunctive relief pursuant to 15
U.S.C. § 1116(a) requiring Source to stop promoting, distributing, offering, and selling its
infringing products.
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SECOND CAUSE OF ACTION

DESIGN PATENT INFRINGEMENT
(35 U.S.C. § 271)
27. Tribù incorporates by reference the allegations contained in paragraphs 1
through 22 of this Complaint.
28. Tribù is the owner of all right, title, and interest in and to the ’582 and ’149
Patents.
29. The arm chair and club chair in Source’s Aria collection appear to an ordinary
observer substantially the same as the designs in the ’582 and ’149 Patents.
30. Tribù is informed and believes that Source has infringed and continues to
infringe the ’582 and ’149 Patents by making, having made, using, selling, or offering to sell in
the United States, and/or importing into the United States, Aria products that embody the
patented designs.
31. As a result of this conduct, Source’s actions violate 35 U.S.C. § 271.
32. Source’s infringement is without the consent or authority of Tribù as Source is
not licensed under the ’582 and ’149 Patents.
33. Tribù has been damaged by Source’s acts in an amount as yet unknown. Tribù
has no adequate legal remedy. Unless enjoined by this Court, Source’s continued acts of
infringement will cause substantial and irreparable harm. Under 35 U.S.C. §§ 283-285; 289,
Tribù is entitled to an injunction barring Source from further infringement of the ’582 and ’149
Patents patent, damages, disgorgement of Source’s profits and attorneys’ fees.
THIRD CLAIM
UNFAIR COMPETITION FLORIDA COMMON LAW
34. Tribù realleges and incorporates by reference each of the allegations contained
in paragraphs 1 through 22 of this Complaint.
35. Source has knowingly used Tribù’s non-functional trade dress in order falsely to
represent the source of the Aria collection, and that Tribù has sponsored, approved, or certified
the Aria collection.
36. Source has knowingly used the patented Tribù designs and Tosca trade dress
falsely to represent an affiliation, connection, association with, or certification by Tribù.
37. Source has engaged in a course of unfair competitive conduct that is likely to
cause confusion, mistake, or deception by or in the public as to the source, affiliation,
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connection, association, origin, sponsorship, or approval of the infringing products to the

detriment of Tribù.
38. Source’s actions constitute unfair competition under Florida law.
39. As a direct and proximate result of Source's conduct, Tribù has been damaged in
an amount that is unknown at this time and will continue to be harmed unless Source is
enjoined from continuing its unlawful conduct.
40. Source’s conduct in infringing Tribù’s intellectual property rights was engaged
in with a willful, wanton, or reckless disregard for Tribù rights, so as to justify an award of
treble punitive damages and attorneys’ fees and costs.
41. Tribù is entitled to injunctive relief that requires Source to stop promoting,
distributing, offering, and selling its infringing products.
PRAYER FOR JUDGMENT
WHEREFORE, Tribù prays that this Court grant it the following relief:
42. Adjudge that Source has promoted, distributed, offered, and sold products that
infringe and unfairly and deceptively compete with Tribù’s trade dress rights in violation of
Tribù's rights under 15 U.S.C. § 1125(a) and Florida common law;
43. Adjudge that Source has infringed Tribù's design patents in violation of Tribù's
rights under 35 U.S.C. § 271;
44. Adjudge that Source and its owners, agents, employees, attorneys, successors,
assigns, affiliates, and joint ventures, and any person(s) in active concert or participation with
them, and/or any person(s) acting for, with, by, through, or under them, be enjoined and
restrained at first during the pendency of this action and thereafter permanently:
a. Manufacturing, producing, sourcing, importing, selling, offering for sale,
distributing, advertising, or promoting any goods that display any designs that so
resemble the Tribù trade dress as to be likely to cause confusion, mistake, or deception;
b. Further infringing the rights of Tribù in and to its TRIBÙ trade dress, or
otherwise damaging Tribù's goodwill or business reputation;
c. Further deceptively advertising, promoting, displaying, offering or
selling products in a manner that suggests Tribù is the source of them, or has
authorized, sponsored, or in any way is affiliated with them;
d. Manufacturing, having manufactured, importing, offering, distributing or
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selling products that infringe Tribù’s design patents or further infringing Tribù’s design
patents;
e. Otherwise competing unfairly with Tribù in any manner; and
f. Continuing to perform in any manner whatsoever any of the other acts
complained of in this Complaint;
45. Adjudge that Source, within thirty (30) days after service of the Court's
judgment, be required to file with this Court and serve upon Tribù's counsel a written report
under oath setting forth in detail the manner in which it has complied with the judgment;
46. Adjudge that Tribù recover punitive or exemplary damages from Source;
47. Adjudge that Tribù recover from Source treble the amount of Tribù's damages
and lost profits, including as measured by Source's profits, in an amount to be proven at trial;
48. Adjudge that Source be required to account for any profits that are attributable
to its illegal acts, and that Tribù be awarded Source's profits and all damages sustained by
Tribù, plus prejudgment interest;
49. Adjudge the destruction of all infringing products within Source’s possession or
control;
50. Adjudge that Tribù be awarded its costs and disbursements incurred in
connection with this action, including Tribù's reasonable attorneys' fees and investigative
expenses; and
51. Adjudge that all such other relief be awarded to Tribù as this Court deems just
and proper.
DEMAND FOR JURY TRIAL
Pursuant to Federal Rule of Civil Procedure 38, Plaintiff hereby respectfully demands a
trial by jury of all issues triable of right by a jury.
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Case 1:18-cv-23626-KMM Document 1 Entered on FLSD Docket 09/05/2018 Page 10 of 10
CASE NO.
Date: September 5, 2018 Respectfully submitted,
LOTT & FISCHER PL
s/ Leslie J. Lott
Leslie J. Lott
Florida Bar No. 182196
E-mail: ljlott@lottfischer.com
Neda Lajevardi
Florida Bar No. 092823
E-mail: nlajevardi@lottfischer.com
255 Aragon Avenue, Third Floor
Coral Gables, FL 33134
Telephone: (305) 448-7089
Facsimile: (305) 446-6191
and
KILPATRICK TOWNSEND & STOCKTON LLP

Gregory S. Gilchrist*
E-mail: ggilchrist@kilpatricktownsend.com
Sophy Manes*
E-mail: smanes@kilpatricktownsend.com
Two Embarcadero Center, Suite 1900
San Francisco, CA 94111
Telephone: (415) 576-0200
Facsimile: (415) 576-0300
* To be admitted Pro Hac Vice
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on September 5, 2018, I electronically filed the foregoing

document with the Clerk of the Court using CM/ECF.
s/ Leslie J. Lott
Leslie J. Lott
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Case 1:18-cv-23626-KMM Document 1-1 Entered on FLSD Docket 09/05/2018 Page 1 of 10
EXHIBIT A
EXHIBIT B
Case 1:18-cv-23626-KMM Document
JS 44 (Rev. 06/17) FLSD Revised 06/01/2017 1-3 COVER
CIVIL EnteredSHEET
on FLSD Docket 09/05/2018 Page 1 of 2
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.) NOTICE: Attorneys MUST Indicate All Re-filed Cases Below.
I. (a) PLAINTIFFS TRIBU, NV, a Belgian corporation DEFENDANTS SOURCE FURNITURE, LLC, a Florida limited
liability company
(b) County of Residence of First Listed Plaintiff Bilzen, Belgium County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Lott & Fsicher PL, 255 Aragon Avenue, Third Floor, Coral
Gables, Florida 33134
(d) Check County Where Action Arose: ✔ MIAMI- DADE MONROE BROWARD PALM BEACH MARTIN ST. LUCIE INDIAN RIVER OKEECHOBEE HIGHLANDS
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff)
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government ✔ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729 (a))
140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers’ Product Liability ✘ 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent – Abbreviated 460 Deportation
New Drug Application
Student Loans 340 Marine Injury Product ✘ 840 Trademark 470 Racketeer Influenced and
(Excl. Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) 490 Cable/Sat TV
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Mgmt. Relations 863 DIWC/DIWW (405(g)) 850 Securities/Commodities/
190 Other Contract Product Liability 380 Other Personal 740 Railway Labor Act 864 SSID Title XVI Exchange
195 Contract Product Liability 360 Other Personal Property Damage 751 Family and Medical 865 RSI (405(g)) 890 Other Statutory Actions
196 Franchise Injury 385 Property Damage Leave Act 891 Agricultural Acts
362 Personal Injury - Product Liability 790 Other Labor Litigation 893 Environmental Matters
Med. Malpractice 791 Empl. Ret. Inc. 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS Security Act FEDERAL TAX SUITS Act
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 870 Taxes (U.S. Plaintiff 896 Arbitration
220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) 899 Administrative Procedure
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRS—Third Party 26 Act/Review or Appeal of
Sentence USC 7609
240 Torts to Land 443 Housing/ Other: Agency Decision
Accommodations
245 Tort Product Liability 445 Amer. w/Disabilities - 530 General IMMIGRATION 950 Constitutionality of State
Statutes
290 All Other Real Property Employment 535 Death Penalty 462 Naturalization Application
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee –
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
✔ 1 Original 2 Removed 3 Re-filed 4 Reinstated 5 Transferred from 6 Multidistrict 7 Appeal to 8 Multidistrict
Proceeding from State (See VI or another district Litigation
District Judge Litigation 9 Remanded from
Appellate Court
Court below) Reopened (specify) Transfer
from Magistrate – Direct
Judgment File
VI. RELATED/ (See instructions): a) Re-filed Case YES NO b) Related Cases ✔ YES NO
RE-FILED CASE(S) JUDGE: Judge R. Boulware, II (District - Nevada) DOCKET NUMBER: 2:18-cv-01307
Cite the U.S. Civil Statute under which you are filing and Write a Brief Statement of Cause (Do not cite jurisdictional statutes unless diversity):
VII. CAUSE OF ACTION 15 USC 1125(a), 35 USC 271, Federal/Florida Unfair Competition, Design Patent Infringement
LENGTH OF TRIAL via 5 days estimated (for both sides to try entire case)
VIII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION
DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER F.R.C.P. 23
JURY DEMAND: ✔ Yes No
ABOVE INFORMATION IS TRUE & CORRECT TO THE BEST OF MY KNOWLEDGE
DATE SIGNATURE OF ATTORNEY OF RECORD
September 5, 2018 /s/ Leslie J. Lott
FOR OFFICE USE ONLY

RECEIPT # AMOUNT IFP JUDGE MAG JUDGE
JS 44 (Rev. 06/17) FLSD Revised 06/01/2017
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading 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. 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) 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.
(b) 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.)
(c) 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.C.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; 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. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature
of suit code that is most applicable. Click here for: Nature of Suit Code Descriptions.
V. Origin. Place an “X” in one of the seven 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.
Refiled (3) Attach copy of Order for Dismissal of Previous case. Also complete VI.
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litigation transfers.
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box is checked, do not check (5) above.
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VI. Related/Refiled Cases. This section of the JS 44 is used to reference related pending cases or re-filed cases. Insert the docket numbers and the
corresponding judges name for such cases.
VII. 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
VIII. 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 dollar amount (in thousands of dollars) 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.
Date and Attorney Signature. Date and sign the civil cover sheet.
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
SouthernDistrict
__________ Districtofof__________
Florida
TRIBU, NV, a Belgian corporation, )

)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
)
SOURCE FURNITURE, LLC, a Florida limited liability
)
company,
)
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Source Furniture, LLC

By serving its Registered Agent: Gerald Shvartsman
11451 NW 36th Avenue
Miami, Florida 33167
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Lott & Fischer PL
Attn: Leslie J. Lott
255 Aragon Avenue, 3rd Floor
Coral Gables, Florida 33134
Telephone: (305) 448-7089
E-mail: ljlott@lottfischer.com
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
’ I personally served the summons on the individual at (place)

on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:

Tribu v. Source Furniture - Complaint (S.D. Fla.)

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Case 1:18-cv-23626-KMM Document 1 Entered on FLSD Docket 09/05/2018 Page 1 of 10

UNITED STATES DISTRICT COURT

TRIBÙ, NV, a Belgian corporation,

COMPLAINT FOR TRADE DRESS INFRINGEMENT,

Plaintiff Tribù NV (“Tribù”) alleges as follows against Defendant Source Furniture

3. The Tosca collection was a significant commercial success and received

JURISDICTION AND VENUE

SECOND CAUSE OF ACTION

connection, association, origin, sponsorship, or approval of the infringing products to the

Date: September 5, 2018 Respectfully submitted,

LOTT & FISCHER PL

KILPATRICK TOWNSEND & STOCKTON LLP

* To be admitted Pro Hac Vice

I HEREBY CERTIFY that on September 5, 2018, I electronically filed the foregoing

Citizen or Subject of a 3 3 Foreign Nation 6 6

FOR OFFICE USE ONLY

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

TRIBU, NV, a Belgian corporation, )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) Source Furniture, LLC

A lawsuit has been filed against you.

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

This summons for (name of individual and title, if any)

’ I personally served the summons on the individual at (place)

’ I served the summons on (name of individual) , who is

’ I returned the summons unexecuted because ; or

I declare under penalty of perjury that this information is true.

Printed name and title

Additional information regarding attempted service, etc:

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