IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION GARCIA GROUP, INC.

, ) ) Plaintiff, ) ) vs. ) ) HILLS IMPORTS, INC., ) ) Defendant. ) _______________________________)

Civil Action No. ________

JURY TRIAL DEMANDED

COMPLAINT FOR DESIGN PATENT INFRINGEMENT COMES NOW the Plaintiff and for its Complaint against the Defendant states as follows: Nature of the Complaint 1. This is an action at law and in equity for design patent infringement. In

particular, the Defendant has infringed duly issued Design Patent Number D614,530, Design Patent Number D619,922, and Design Patent Number D633,412, all owned by the Plaintiff.

Parties, Jurisdiction, and Venue 2. Plaintiff Garcia Group, Inc. (hereinafter Garcia Group) is a Georgia

corporation having a principal place of business at 5154 Peachtree Industrial Boulevard, Atlanta, Georgia, 30341. 3. Upon information and belief, Defendant Hills Imports, Inc. (hereinafter

Hills Imports) is a New Jersey Corporation having a principal place of business at PO Box 669, 675 California Road, Quakertown, Pennsylvania, 18951-09, and whose registered office address is 620 South Tenth Street, Allentown, Pennsylvania, 18103-0 (Lehigh). 4. Upon information and belief, Defendant Hills Imports has a permanent

showroom/sales office in Georgia at 240 Peachtree Street, Suite A15 (17A-15), Seventeenth Floor, Atlanta, Georgia, 30303-1324. 5. This Court has subject matter jurisdiction of the design patent infringement

claims under 28 U.S.C. 1331 and under 28 U.S.C. 1338 in that this case arises under the Patent Laws of the United States, 35 U.S.C. 1 et seq. 6. This Court has jurisdiction of the subject matter of this action under the

provisions of 28 U.S.C. 1332 because the matter in controversy exceeds the sum or value of $75,000.00, exclusive of interest and costs, and is between citizens of different states. Plaintiff is a Georgia corporation with a principal place of 2

business located in Atlanta, Georgia, and upon information and belief, the Defendant is a New Jersey corporation having a principal place of business in Quakertown, Pennsylvania. 7. Defendant Hills Imports is subject to the personal jurisdiction of this Court

because Hills Imports does business in this state through its office located in Atlanta, Georgia. Also, Defendant Hills Imports is subject to the personal

jurisdiction of this Court because Hills Imports has offered infringing products for sale in the Northern District of Georgia. This Court has personal jurisdiction over Defendant pursuant to O.C.G.A. 9-10-91, by virtue of the fact that upon information and belief, Defendant: 1) does business in this state though its Atlanta offices, 2) operates a website through which Defendant does business in this state; and 3) has committed tortious acts within this state. 8. Upon information and belief, venue is proper under 28 U.S.C. 1391(b)

because acts giving rise to the claims asserted herein occurred in the Northern District of Georgia. Venue is also proper in this district because all parties are present in this district.

Facts 9. Plaintiff Garcia Group is the owner of duly issued United States Design

Patents for urn-shaped, multi-faceted vases, such as those that are sold under its OCTAGONIA brand. In particular, Garcia Group is the owner of United States Design Patents Number D614,530 (the 530 Patent), Number D619,922 (the 922 Patent), and Number D633,412 (the 412 Patent). (See Exhibit A). 10. The 530 Patent issued on April 27, 2010, the 922 Patent issued on July 20,

2010 and the 412 Patent issued on March 1, 2011. Defendant Hills Imports has actual notice of the infringement. 11. Defendants acts have been without the permission, license, or consent of

Plaintiff Garcia Group. 12. Upon information and belief, Defendants acts of design patent infringement

have been willful, with the knowledge that its acts were unlawful, and for the purpose of deriving revenue or other financial gain. 13. Defendant Hills Imports knock-off vases are identified by item numbers 4-

874GLS/1SU, as seen in its sales catalog, an excerpt of which is attached hereto. (See Exhibit B). Defendant Hills Imports knock-off vases are also promoted and offered on Defendants website at www.hillsimports.com and/or

www2.hillsimports.com. For reference, see the comparison of the patented Garcia products with the Hills Imports knock-offs shown in Exhibit C. 14. Defendants acts have been without the permission, license, or consent of

Plaintiff Garcia Group.

COUNT I -- PATENT INFRINGEMENT 15. 16. The preceding paragraphs are incorporated herein by reference. This count is an action at law and in equity for design patent infringement

and Plaintiff Garcia Group seeks legal and equitable remedies for infringement of United States Design Patents Number D614,530, Number D619,922, and Number D633,412 for a FACETED VASE. In particular, Defendant Hills Imports has infringed these Design Patents of Plaintiff Garcia Group. 17. Plaintiff Garcia Group has complied in all respects with the provisions of 35

U.S.C. 1 et seq., and all other laws governing design patents to secure exclusive rights and privileges in and to the patented designs of the vases. 18. Upon information and belief, at least as early as the first quarter of 2012,

Defendant Hills Imports began offering and/or selling identical knock-offs (Exhibit B) of Garcia Groups now patented OCTAGONIA brand vases and continues to offer and/or sell the knock-offs in additional advertising channels. 5

19.

Defendant Hills Imports knock-off vases, identified by item numbers 4-

874GLS/1SU, are deceptively similar to the patented design such that an ordinary observer would confuse one for the other and therefore infringe one or more of the D614,530, D619,922, and D633,412 Design Patents of Plaintiff Garcia Group. 20. Defendants acts have been without the permission, license, or consent of

Plaintiff Garcia Group. 21. Upon information and belief, Defendants acts of patent infringement have

been willful, with the knowledge that its acts were unlawful, and for the purpose of deriving revenue or other financial gain. 22. Defendant Hills Imports has infringed and will continue to infringe the

D614,530, D619,922, and D633,412 Design Patents of Plaintiff Garcia Group unless enjoined by this Court. 23. The act of Defendant Hills Imports in copying Plaintiff Garcia Groups

patented designs in Plaintiffs D614,530, D619,922, and D633,412 Design Patents constitutes patent infringement in violation of the 35 U.S.C. 271 et seq. 24. Plaintiff Garcia Group is entitled to an injunction, pursuant to 35 U.S.C.

283, restraining Defendant Hills Imports and its officers, agents, employees, and all persons acting in concert with them from engaging in further patent infringement of Plaintiffs D614,530, D619,922, and D633,412 Design Patents. 6

25.

Plaintiff Garcia Group, pursuant to 35 U.S.C. 289 and/or 35 U.S.C. 284, is

further entitled to recover (1) Defendants profits made by Defendants unauthorized and infringing use of Plaintiffs patented design and/or the damages sustained by the Plaintiff, and (2) the costs, expenses, and reasonable attorneys fees incurred in bringing the present action. At this time Plaintiff Garcia Group is unable to ascertain the full extent of the gains, profits, and advantages Defendant Hills Imports has obtained by Defendants acts of patent infringement. 26. The circumstances of this case justify an enhancement of the damages under

35 U.S.C. 284, up to three times the actual damages. 27. The circumstances of this case render this case an exceptional case under 35

U.S.C. 285.

DEMAND FOR JURY TRIAL 28. Plaintiff requests a jury trial pursuant to Rule 38 of the Federal Rules of

Civil Procedure.

PRAYER FOR RELIEF WHEREFORE PLAINTIFF Garcia Group PRAYS for judgment against Defendant Hills Imports as follows: (1) That judgment be entered in favor of Plaintiff Garcia Group on all claims, that Defendant Hills Imports take nothing, and that costs and attorneys fees be awarded to Plaintiff; (2) That the Defendant and its employees, officers and agents be enjoined from further acts of infringement; (3) That this Court order the destruction or surrender (and delivery to Plaintiff Garcia) of all of Defendants products found to be an infringement of Plaintiffs Design Patents then in the possession of the Hills Imports; (4) That the Defendant be required to account to Plaintiff Garcia Group for any and all benefits or profits derived by Defendant from the infringement and for all damages sustained by Plaintiff by reason of the acts of infringement;

(6) That this Court award Plaintiff Defendants profits or up to triple the amount of Plaintiffs damages, whichever is greater; (7) That this Court order that the manufacturing molds used by Defendant to make the infringing articles be turned over to Plaintiff Garcia Group or destroyed; and (8) Such other and further relief as the Court may deem just or equitable under the circumstances.

Respectfully submitted this 28th day of March, 2012.

s/ Arthur A. Gardner_ Arthur A. Gardner GA Bar No. 283,995 Email: agardner@gardnergroff.com; litigation@gardnergroff.com GARDNER GROFF, GREENWALD & VILLANUEVA, P.C. 2018 Powers Ferry Road, Suite 800 Atlanta, Georgia 30339 Tel: (770) 984-2300 Fax: (770) 984-0098 Attorneys for Plaintiff GARCIA GROUP, INC.

CERTIFICATE OF COMPLIANCE I hereby certify that the foregoing and the attached documents comply with LR 7.1(D), NDGa. The font and point size used in preparing the foregoing document are Times New Roman, 14 pt.

s/ Arthur A. Gardner_____ Arthur A. Gardner Attorney for Plaintiff

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