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COMPLAINT
and through its undersigned counsel, brings this action against Defendant Trureflections Inc.,
(hereinafter “Defendant”), for trademark infringement and false designation of origin under the
NATURE OF ACTION
Plaintiff’s protected marks and identifiers in connection with the sale of potentially hazardous
and/or ineffective imitation vitamin products. It has come to Plaintiff’s attention that Defendant
is selling, distributing, and advertising a gummy vitamin product in direct competition with
Plaintiff that has packaging and an appearance that was substantially identical to the packaging
and an appearance used by Plaintiff to sell its gummy vitamin products. Defendant’s
unauthorized use of Plaintiff’s trade dress and trademark vitamin gummy in connection with the
sale, distribution, or advertising of Defendant’s imitation vitamin products is not only likely to
000001/01154025_1
Case 0:19-cv-60490-XXXX Document 1 Entered on FLSD Docket 02/25/2019 Page 2 of 17
cause confusion, or to cause mistake, or to deceive, it is intended to trick members of the public
that are looking to purchase gummy vitamin products from Plaintiff into purchasing Defendant’s
imitation gummy vitamin products or otherwise believing that Defendant’s products are from,
sponsored by, or approved by Plaintiff. Through its use of Plaintiff’s trade dress and trademark
vitamin gummy in connection with competing gummy vitamin products, Defendant is willfully
relying on Plaintiff’s past advertising and fame, as well as the goodwill symbolized by the trade
dress and trademark and the credibility appurtenant thereto due to Plaintiff’s years of providing
2. Plaintiff now brings this action for injunctive and other relief under the Lanham
Action for false designation of origin and for cancellation of a federal trademark registration.
Plaintiff seeks to prevent further unauthorized use and misappropriation of its trade dress and
trademark by Defendant; to cause Defendant to cease and desist from further defrauding the
American public; and to recover damages arising from Defendants willful and bad faith actions
PARTIES
County, Texas, and an amazon.com seller account named Tru Reflections Inc. Upon information
and belief, Defendant is a U.S. based subsidiary, licensee, or alter ego of Guangdong Yichao
000001/01154025_1
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Case 0:19-cv-60490-XXXX Document 1 Entered on FLSD Docket 02/25/2019 Page 3 of 17
5. This action arises under the Federal Trademark Act of 1946, 15 US.C. §1051 et
seq. This Court has subject matter jurisdiction of this action pursuant to 28 U.S.C. §1331, 1338(a),
1338(b), and 15 U.S.C. §1121, in that this action arises under Acts of Congress relating to
trademark.
6. This Court has personal jurisdiction over Defendant because Defendant has
committed tortious acts in this District through Defendant’s advertising and sale of imitation
vitamin products using Plaintiff’s packaging and an appearance through a website accessible in
this District, as part of a broad, long-term e-commerce business that extended its reach to
consumers in this District and shipped products to consumers in this District; because Defendant
has purposefully directed its course of conduct and other infringing acts toward, and has injured,
Plaintiff, which is an entity having its principal place of business in this District; and because a
substantial portion of the property that is the subject of this action, namely Plaintiff’s intellectual
1391(c) because a substantial part of the events giving rise to the claims herein occurred in this
District; a substantial part of property that is the subject of this action is situated in this District;
FACTUAL BACKGROUND
8. Plaintiff is in the business of, inter alia, (1) marketing and selling vitamins and
vitamin preparations and dietary and nutritional supplements (collectively, “vitamin products”)
and (2) providing online retail store services featuring vitamin products in interstate commerce.
Plaintiff generally markets and sells its vitamin products through not only its website at
000001/01154025_1
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Case 0:19-cv-60490-XXXX Document 1 Entered on FLSD Docket 02/25/2019 Page 4 of 17
sugarbearhair.com, but also through various online marketplace and ecommerce websites as well
2015 to identify its online retail store services and/or a line of vitamin products, including a Hair
Vitamin formulation product, and to distinguish its vitamin products from other products on the
market. Since that time, Plaintiff has continuously used its trademark in commerce throughout
the United States in connection with the marketing, selling and performing of Plaintiff’s retail
store services and certain lines of vitamin products. Plaintiff’s use of the BEAR design
10. Plaintiff is the owner of a federal trademark registration for its BEAR design
trademark in connection with online retail store services and/or vitamin products (more fully
11. Plaintiff’s federal trademark registration is valid and subsisting. A copy of the
reference.
000001/01154025_1
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Case 0:19-cv-60490-XXXX Document 1 Entered on FLSD Docket 02/25/2019 Page 5 of 17
12. In addition to Plaintiff’s rights in the registered BEAR design trademark, Plaintiff
owns all right in the image and overall appearance of its bottle (“Hair Vitamin Bottle Trade
Dress”). Plaintiff adopted its Hair Vitamin Bottle Trade Dress in 2015 and has continually used
the Hair Vitamin Bottle Trade Dress in commerce throughout the United States in connection
with the marketing and selling of Plaintiff’s Hair Vitamin formulation product since its date of
first use. Plaintiff’s use of the Hair Vitamin Bottle Trade Dress has been substantially exclusive
13. Plaintiff’s Hair Vitamin Bottle Trade Dress includes the following elements:
a. a clear and colorless bottle having a white top and a label that has a light blue
base color, with the light blue label having white writing thereon;
b. the word “HAIR” in white, capitalized in a relatively large font relative to the
other printed indicia on the label, featured on the central portion of the label;
relative to the other printed indicia on the label, featured directly below the
word “HAIR;”
extending laterally across the bottle so as to be the same length as the word
“VITAMINS,” with light blue text therein that is the same color as the base
e. the light blue label being sized to not extend completely to the top or the
bottle of the bottle so that the BEAR design trademark gummies inside the
bottle are visible from the outside of the bottle above and below the label
000001/01154025_1
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Case 0:19-cv-60490-XXXX Document 1 Entered on FLSD Docket 02/25/2019 Page 6 of 17
14. Plaintiff expended considerable sums in marketing its Hair Vitamin formulation
product. For example, since 2015, Plaintiff has extensively promoted its Hair Vitamin
formulation product under or in association with the BEAR design trademark and the Hair
Vitamin Bottle Trade Dress through social media advertising campaigns and internet
basis. A true and correct copy of evidence of such promotion is attached to this Complaint as
15. Through Plaintiff’s longstanding use and promotional activities related to the
BEAR design trademark and the Hair Vitamin Bottle Trade Dress, and due to the widespread and
favorable public acceptance and recognition of those marks, each of the BEAR design trademark
and the Hair Vitamin Bottle Trade Dress have become a distinctive designation of the source of
16. Plaintiff has exerted every effort to maintain the highest standard of quality for its
vitamin products. Plaintiff has enjoyed considerable success and is well known as the source of
origin of vitamin products, including its Hair Vitamin formulation product, and online retail store
services to consumers from Florida and throughout the United States under the BEAR design
trademark and the Hair Vitamin Bottle Trade Dress. Indeed, Plaintiff’s Hair Vitamin
formulation product is the #1 bestselling hair vitamin online since 2016 and is well known as the
17. As a result of these efforts, Plaintiff has developed considerable fame, consumer
recognition, and goodwill in the BEAR design trademark and the Hair Vitamin Bottle Trade
Dress among the purchasing public. Consumers in Florida and throughout the United States
have come identify Plaintiff for vitamin products, including its Hair Vitamin formulation
000001/01154025_1
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Case 0:19-cv-60490-XXXX Document 1 Entered on FLSD Docket 02/25/2019 Page 7 of 17
product, and online retail store services provided under and/or in association with the BEAR
design trademark and the Hair Vitamin Bottle Trade Dress and to trust Plaintiff for the safe and
effective products and fair and honest dealings offered under said identifiers.
18. Plaintiff owns rights in Florida and throughout the United States in and to the
BEAR design trademark and the Hair Vitamin Bottle Trade Dress for vitamin products which are
superior to any rights which Defendant may claim in and to said marks in any form or style.
19. Defendant is in the business of, inter alia, selling, offering for sale, and
advertising a hair vitamin product online, through a website accessible in this District, as part of
a broad, long-term e-commerce business that extends its reach to consumers in this District and
20. Defendant’s hair vitamin product is sold, offered for sale, and advertised using
product packaging that is nearly identical to Plaintiff’s Hair Vitamin Bottle Trade Dress and
having a vitamin appearance is identical to Plaintiff’s BEAR design trademark. A true and
correct copy of a select listing from amazon.com is attached to this Complaint as Exhibit C, and
21. Upon information and belief, Defendant routinely uses trade dress and trademarks
that are intended to imitate Plaintiff’s Hair Vitamin Bottle Trade Dress and Plaintiff’s BEAR
design trademark. An example of how Defendant presents its Defendant’s hair vitamin product
for sale and sells the same, and how that compares to Plaintiff’s BEAR design trademark and the
000001/01154025_1
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Case 0:19-cv-60490-XXXX Document 1 Entered on FLSD Docket 02/25/2019 Page 8 of 17
22. Plaintiff has not in any way authorized Defendant’s use of Plaintiff’s BEAR
design trademark and the Hair Vitamin Bottle Trade Dress in association with Defendant’s hair
vitamin product.
24. Due to the similarities in the trade dress and the identical vitamin appearance,
consumers who encounter Defendant’s hair vitamin product are likely to believe that Defendant
and its imitation vitamin product are sourced from, approved by, associated with, and/or
25. Defendant’s use of Plaintiff’s trademark vitamin appearance, as well as its use of
an imitation of Plaintiff’s decorative bottle, to sell and advertise and its imitation vitamin product
000001/01154025_1
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Case 0:19-cv-60490-XXXX Document 1 Entered on FLSD Docket 02/25/2019 Page 9 of 17
has occurred and continues to occur with at least constructive notice of Plaintiff’s trademark
26. Upon information and belief, Defendant’s use of Plaintiff’s trademark and
vitamin appearance, as well as its use of an imitation of Plaintiff’s decorative bottle, to sell and
advertise and its imitation vitamin product was done with full knowledge of Plaintiff’s BEAR
design trademark and the Hair Vitamin Bottle Trade Dress and has been a willful, intentional,
and deliberate course of action designed specifically to trade upon the goodwill associated with
Plaintiff’s BEAR design trademark and the Hair Vitamin Bottle Trade Dress as well as the
distinctiveness, strength, and value thereof. For example, when searching on Amazon.com for
“sugar bear hair,” Defendant’s hair vitamin product appears right under Plaintiff’s product,
looking substantially identical thereto. A true and correct copy of such a search from
reference. Also notable from when such a search is performed is that every other vitamin
product that comes up looks entirely different from Plaintiff’s hair vitamin formulation product
27. By using Plaintiff’s trademark name, designs and vitamin appearance, as well as
its use of an imitation of Plaintiff’s decorative bottle, to sell and advertise and its fraudulent
vitamin product, Defendant has and/or is attempting to unfairly profit from the name, reputation,
28. Defendant’s use of Plaintiff’s trademark vitamin appearance, as well as its use of
an imitation of Plaintiff’s decorative bottle, to sell and advertise and its imitation vitamin product
which is offered in competition with Plaintiff’s Hair Vitamin formulation, causes the likelihood
of confusion, mistake or deception as to whether its imitation vitamin product are sponsored,
000001/01154025_1
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Case 0:19-cv-60490-XXXX Document 1 Entered on FLSD Docket 02/25/2019 Page 10 of 17
associated with Defendant. Such conduct by Defendant deprives Plaintiff of the ability to
control the quality of the goods marketed under the infringed marks, and, instead, places
Plaintiff's valuable reputation and goodwill into the hands of Defendant, over whom Plaintiff has
no control.
29. Defendant has made and will continue to make substantial profits and gains to
30. The goodwill of Plaintiff for vitamin products and online retail store services that
has been acquired under its Plaintiff’s BEAR design trademark and the Hair Vitamin Bottle
31. Plaintiff has been and will continue to sustain damages which include lost
income, profits, and business opportunities as well as irreparable harm to its business, reputation
32. Plaintiff has no adequate remedy at law for the acts of infringement and other
unlawful acts complained of herein and such acts have caused and will continue to cause damage
and irreparable injury to Plaintiff if Defendant is not restrained by this Court from further
violations of Plaintiff’s rights. For example, customers who purchase Defendant’s product
believing it is by or connected to Plaintiff’s may publish negative reviews and/or feedback about
33. Plaintiff has retained the law firms of Kopelowitz Ostrow Ferguson Weiselberg
Gilbert and The Keys Law Firm, PLLC to represent its interest in these proceeding and is
obligated to pay the firms a reasonable attorney’s fee and court costs, which fees and costs are
000001/01154025_1
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Case 0:19-cv-60490-XXXX Document 1 Entered on FLSD Docket 02/25/2019 Page 11 of 17
COUNT I
TRADEMARK INFRINGEMENT UNDER 15 U.S.C. §1114
through 33.
35. Plaintiff owns a federal trademark registrations for a BEAR design trademark for
vitamin products.
36. Plaintiff has continuously used its BEAR design trademark in connection with its
making, selling, and distributing of a hair vitamin formulation product in Florida and throughout
the United States since it adopted the mark, which was prior to Defendant commencing use of a
copy of the BEAR design trademark as a trademark or otherwise in connection with Defendant’s
marketing, selling, offering for sale, and/or advertising its hair vitamin product. Plaintiff’s use of
37. Plaintiff’s use of its BEAR design trademark has been substantially exclusive and
said BEAR design trademark has become a distinctive designation of the source of origin for
Plaintiff’s goods.
38. Defendant’s adoption and use of the BEAR design trademark constitutes an
registered marks in commerce in connection with the sale, offering for sale, distribution, or
39. Defendant’s adoption and use of the BEAR design trademark makes Defendant’s
products look like Plaintiff’s. This not only creates a likelihood of consumer confusion, mistake
or deception but is in fact intended to create consumer confusion mistake and deception as the
000001/01154025_1
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Case 0:19-cv-60490-XXXX Document 1 Entered on FLSD Docket 02/25/2019 Page 12 of 17
marks are employed to trick consumers into thinking Defendant’s vitamin products are those of
Plaintiff’s.
committed, with constructive and actual notice of the Plaintiff’s registered mark and with the
specific intent and purpose to trade upon the goodwill of Plaintiff’s BEAR design trademark.
41. Defendant infringing actions are causing and are likely to continue to cause
substantial injury to the public and to Plaintiff. Plaintiff has suffered and continues to suffer and
WHEREFORE, Plaintiff demands judgment as set forth in the Prayer for Relief.
COUNT II
FALSE DESIGNATION OF ORIGIN UNDER 15 U.S.C. § 1125
43. Plaintiff has continuously used its Hair Vitamin Bottle Trade Dress in connection
with its making, selling, and distributing of a hair vitamin formulation product in Florida and
throughout the United States since it adopted the trade dress, which was prior to Defendant
commencing use of a colorable imitation of the Hair Vitamin Bottle Trade Dress as trade dress in
connection with Defendant’s marketing, selling, offering for sale, and/or advertising its hair
vitamin product. Plaintiff’s use of its Hair Vitamin Bottle Trade Dress continues unabated to this
day
000001/01154025_1
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Case 0:19-cv-60490-XXXX Document 1 Entered on FLSD Docket 02/25/2019 Page 13 of 17
44. Plaintiff’s Hair Vitamin Bottle Trade Dress, composed of the discrete elements
listed above, is inherently distinctive and has acquired distinctiveness in the minds of consumers
45. Plaintiff’s Hair Vitamin Bottle Trade Dress, comprising a unique combination of
46. Defendants’ adoption and use of trade dress for Defendant’s hair vitamin product
that is substantially similar or a colorable imitation of Plaintiff’s Hair Vitamin Bottle Trade
Dress that is used on Plaintiff’s hair vitamin formulation product constitutes an unauthorized use
47. Defendants’ adoption and use of trade dress for Defendant’s hair vitamin product
that is substantially similar or a colorable imitation of Plaintiff’s Hair Vitamin Bottle Trade
Dress creates a likelihood of confusion to consumers as to the proper origin of the products such
that a consumer is likely to believe that Defendant’s products are being sold with the consent or
intentional wrongful and bad faith intent to trade on the goodwill associated with Plaintiff’s mark
49. Defendants’ unlawful conduct has weakened the distinctive quality of Plaintiff’s
mark and tarnished Plaintiff’s goodwill, results in Plaintiff having no control over the nature and
000001/01154025_1
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Case 0:19-cv-60490-XXXX Document 1 Entered on FLSD Docket 02/25/2019 Page 14 of 17
quality of the goods and services offered by Defendant under an infringement of Plaintiff’s Hair
51. Defendants are causing and are likely to cause substantial injury to the public and
to Plaintiff. Plaintiff is entitled to injunctive relief and to recover Defendants’ profits and
WHEREFORE, Plaintiff demands judgment as set forth in the Prayer for Relief.
b) a preliminary and permanent injunction which enjoins Defendant, and all others in
concert and privity with it, from using the BEAR design trademark, or any
vitamin products, online retail services and/or any products and services which would
profits, and a judgment for the actual damages suffered by Plaintiff as a result of
Defendant’s acts of infringement together with interests and costs; and pay for
corrective advertising;
000001/01154025_1
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Case 0:19-cv-60490-XXXX Document 1 Entered on FLSD Docket 02/25/2019 Page 15 of 17
d) an entry declaring this case as exceptional, trebling said damages and awarding
which are related to any mark, trade dress, or identifier which Defendant is enjoined
from using;
has offered infringing products, and all others with whom they do business, and
provide to each a copy of the Court’s injunction order, and inform them in writing
that they must immediately cease, upon pain of contempt of the Court, the
vitamin products using Plaintiff’s trademarks, trade dress, or any confusingly similar
designation;
advertising and other material in its possession custody and/or control that displays
any mark belonging to Plaintiff, along with all means of making or producing the
same, and remove all of its material that displays any mark belonging to Plaintiff
of a product that displays any mark belonging to Plaintiff that was sold and every
purchaser of a product that was purchased on a webpage that displayed any mark
belonging to Plaintiff and/or (2) directing such other relief as the Court may deem
appropriate to prevent consumers and public in general from deriving the erroneous
000001/01154025_1
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Case 0:19-cv-60490-XXXX Document 1 Entered on FLSD Docket 02/25/2019 Page 16 of 17
services;
i) an entry requiring Defendant to file with this Court and serve on Plaintiff’s counsel
within thirty days after the entry of an order, a report, in writing under oath, setting
forth in detail the manner and form in which they have complied with the terms of the
j) such other and further relief as the Court may be just and proper.
JURY DEMAND
Plaintiff hereby demands a jury trial on all issues so triable as a matter of right.
Respectfully submitted,
000001/01154025_1
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Case 0:19-cv-60490-XXXX Document 1 Entered on FLSD Docket 02/25/2019 Page 17 of 17
VERIFICATION
Daniel J Morris
I, ______________________ declare as follows:
read the foregoing Complaint and know the contents thereof and the same are true based upon
my personal knowledge except as to such matters therein stated to be on information and belief,
and as to those matters I believe to be true. Pursuant to the provisions of 28 U.S.C. § 1746. I
declare under penalty of perjury that the foregoing is true and correct and further that these
statements and the like so made are punishable by fine or imprisonment, or both, under Section
2/19/2019
Executed this ___ day of __________, 2018
By: ________________________________
Daniel J Morris
Managing Member
000001/01151969_1
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Case 0:19-cv-60490-XXXX Document 1-1 Entered on FLSD Docket 02/25/2019 Page 1 of 2
EXHIBIT A
Reg. No. 5,033,503 BeSweet Creations, LLC (FLORIDA LIMITED LIABILITY COMPANY)
3350 NE 12 Avenue, Unit 70710
Registered Aug. 30, 2016 Oakland Park, FL 33307
Supplemental Register The color(s) blue is/are claimed as a feature of the mark.
The mark consists of a configuration mark in the shape of a bear which is presented in blue
color.
EXHIBIT A
Case 0:19-cv-60490-XXXX Document 1-1 Entered on FLSD Docket 02/25/2019 Page 2 of 2
EXHIBIT A
First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the
registration will continue in force for the remainder of the ten-year period, calculated from the registration
date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application
for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.
You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
between every 9th and 10th-year period, calculated from the registration date.*
The above documents will be accepted as timely if filed within six months after the deadlines listed above with
the payment of an additional fee.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online at h
ttp://www.uspto.gov.
NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
owners/holders who authorize e-mail communication and maintain a current e-mail address with the
USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
available at http://www.uspto.gov.
Page: 2 of 2 / RN # 5033503
EXHIBIT A
Case 0:19-cv-60490-XXXX Document 1-2 Entered on FLSD Docket 02/25/2019 Page 1 of 11
EXHIBIT B 2018 Webpage
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Case 0:19-cv-60490-XXXX Document 1-2 Entered on FLSD Docket 02/25/2019 Page 8 of 11
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Case 0:19-cv-60490-XXXX Document 1-2 Entered on FLSD Docket 02/25/2019 Page 11 of 11
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EXHIBIT C
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Case 0:19-cv-60490-XXXX Document 1-4 Entered on FLSD Docket 02/25/2019 Page 1 of 3
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EXHIBIT D
Case 0:19-cv-60490-XXXX Document
JS 44 (Rev. 06/17) FLSD Revised 06/01/2017 1-5 COVER
CIVIL EnteredSHEET
on FLSD Docket 02/25/2019 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 BeSweet Creations, LLC, a Florida Limited DEFENDANTS TRU REFLECTIONS Inc., a Texas corporation
Liability Company
(b) County of Residence of First Listed Plaintiff Broward County County of Residence of First Listed Defendant Austin, TX
(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)
David L. Ferguson, Esquire, One West Las Olas Blvd., Suite 500
Fort Lauderdale, Florida 33301, 954-525-4100
(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
VI. RELATED/ (See instructions): a) Re-filed Case YES NO b) Related Cases YES NO
RE-FILED CASE(S) JUDGE: DOCKET NUMBER:
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 Federal Trademark Act 1946 (Lanham Act) This Court has subject matter jurisdiction in that this action arises under
Acts of Congress
LENGTH OF TRIAL relating
via to trademark.
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
February 25, 2019
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.
Case 0:19-cv-60490-XXXX Document 1-6 Entered on FLSD Docket 02/25/2019 Page 1 of 2
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: David L. Ferguson, Esquire
Kopelowitz Ostrow Weiselberg Gilbert
One West Las Olas Blvd., Suite 500
Fort Lauderdale, Florida 33301
Main: 954-525-4100
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: 02/25/2019
Signature of Clerk or Deputy Clerk
Case 0:19-cv-60490-XXXX Document 1-6 Entered on FLSD Docket 02/25/2019 Page 2 of 2
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
’ 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
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Server’s signature
Server’s address