Sabika v. Manfeld Complaint

1
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA
------------------------------------------------------x
SABIKA, INC., )
Plaintiff, )
) No.___________________
) ECF CASE
v. ) JURY TRIAL DEMANDED
)
ANITA KELLY MANFRED, )
trading and doing business as BLING )
by Anita, )
)
Defendant. )
------------------------------------------------------x

COMPLAINT

Sabika, Inc. (Sabika), by and through its undersigned counsel, brings this civil action
against Defendant Anita Kelly Manfred (Manfred) trading and doing business as BLing by
Anita. In support, Plaintiff alleges as follows:
Nature of the Case
1. This is an action for: (1) copyright infringement as prohibited by 17 U.S.C
501, et seq.; (2) trademark infringement and related acts of unfair competition acts under the
Trademark Act of 1946, as amended (The Lanham Act, 15 U.S.C. 1051, et seq.), 15 U.S.C.
1114(1)(a), and common law; (3) unfair competition ; (4) initial interest confusion as prohibited
by the Lanham Act 43(a), 15 U.S.C. 1125(a); (5) dilution as prohibited by the Lanham Act,
43(c), 15 U.S.C. 1125(c), and the Pennsylvania Trademark Law, 54 Pa. Stat. 1124; (6)
breach of contract; and (7) unjust enrichment.

Case 2:13-cv-00091-TFM Document 1 Filed 01/16/13 Page 1 of 15
2

Parties
2. Sabika is a company organized and existing under the laws of Pennsylvania,
having a place of business at 2 Robinson Plaza, Suite 250, Pittsburgh, PA 15205. Sabika
designs, markets and sells jewelry and fashion accessories in many states including the
Commonwealth of Pennsylvania and is headquartered in Pittsburgh, Pennsylvania.
3. Upon information and belief, Defendant Anita Kelly Manfred, trading and doing
business as BLing by Anita, markets and sells jewelry, inter alia on a Facebook page, with an
address at 1331 Cedar Boulevard, Pittsburgh, Pennsylvania 15228-1013. In 2010 and 2011,
Manfred was a Sabika consultant and, in that capacity, had access to Sabika information and
products.
Jurisdiction and Venue
4. This Court has subject matter jurisdiction over this action pursuant to 15 U.S.C.
1121 and 28 U.S.C. 1331, 1338, and 1367. Jurisdiction over causes of action arising from
violation of Pennsylvania statutory and common law is conferred on this Court under 28 U.S.C.
1338(b) because these claims are joined with substantial and related claims under federal
trademark and copyright laws.
5. Venue is proper in this district under 28 U.S.C. 1391 because a substantial part
of the events giving rise to these claims and Sabikas injury occurred in this District.
FACTUAL BACKGROUND
I. Sabika
6. Sabika is a family business founded in Pittsburgh in 2001 that has been an
immediate and continuing success story in its development of multiple jewelry lines, many
copyrighted jewelry products, a unique selling method and its ability to develop hundreds of
3

relationships with consultants who would otherwise not be working. Over the past twelve years,
Sabika has garnered a reputation for selling unique, high-quality jewelry products. To create this
success Sabika has created a selling method which sets up separate business opportunities for
hundreds of consultants throughout 47 states, heavily concentrated in Pennsylvania, Virginia,
and West Virginia.
7. Sabikas selling methods require the commitment of hundreds of consultants who
enter into Agreements with Sabika (Exhibit 1 hereto is a copy of the Agreement signed by
Manfred) and commit to developing hostess parties on a regular basis to enhance the customer
lists of Sabika. Consultants are amply rewarded for their efforts and the business has grown
greatly over the last twelve years.
8. Under the consultancy relationship, consultants are required to faithfully,
professionally, and to the best of their ability perform their consulting duties and maintain the
highest standards of integrity, honesty, responsibility, and professionalism. Further, in an effort
to maintain the stability and success of Sabikas sales model, consultants shall not distribute or
otherwise make available to any company, person or other entity operating in the home party
network business the Marketing Materials or other sales tools or procedures of [Sabika].
Consultants are also required to protect the companys trademarks and trade name by obtaining
the companys written permission prior to any use in any advertising or literature other than the
Marketing Materials. In addition, when a consultants affiliation with Sabika terminates, the
consultant shall immediately return any property of the Company in Consultants possession
including all Company manuals and training materials.
4

9. The Sabika program and sales model, which produce unique, copyrighted, and
trademarked jewelry items for sale, are a direct result of the leadership and decades-long efforts
of the family members who created Sabika.
10. Sabika is the owner of various copyright registrations (see Exhibit 2, list of
copyright registrations), multiple copyright applications, and trademarks for Sabika which is a
well-known trademark in the United States.
II. Sabikas Copyrighted Jewelry
11. As seen in Exhibit 2, Sabika has approximately 35 copyright registrations to its
various lines of jewelry and many more copyright applications. During every year of its
existence, Sabika has created new product lines and catalogs to enhance its reputation. In
particular, Sabika has obtained a United States copyright registration for its Wine and Dine Fun
Choker, CM 862CK, registration number VA1-836-897, effective September 20, 2012 (see
Exhibit 3 hereto).
III. Sabikas Trademarks
12. Sabika has five trademark registrations (see Exhibit 4 hereto, which includes
registrations 4,189,055; 4,087,637; 4,087,021; 4,077,226; and 3,731,881) indicating protection of
the Sabika trademark for use dating back to August 2000. These registrations cover the Sabika
name as well as other trademarks and a unique heart design used by Sabika.
13. Those who improperly use Sabikas products to develop and sell their own
imitation products, while at the same time claiming that their products are substantially similar to
or in fact are identical to Sabika products, repeatedly violate Sabikas trademark
registrations.

5

IV. Defendants Conduct
14. Defendant Manfred was a consultant for Sabika in 2010-2011. On information
and belief, after leaving Sabika, Manfred opened her own jewelry business with her sister and
started selling her products through open houses by moving into home parties with hostesses.
On information and belief, when a prospective customer calls to order jewelry from Manfred, she
uses and refers to products found in Sabika catalogs. In fact, it is Plaintiffs understanding that
Manfred routinely discusses her products in relation to Sabikas products. On information and
belief, Manfred tells customers that she works with the same suppliers as Sabika, and that she
has worked for more than a year cultivating those relationships. On information and belief, as
part of her sales pitch, Manfred routinely states that her products are Sabika at half the cost.
15. Ms. Manfred uses the company name BLing by Anita. She has previously been
notified of her improper usage of the jewelry, copyrights and trademarks of Sabika and has
denied any responsibility through her counsel. She lists her Facebook page for her competing
product sales at www.facebook.com/pages/Bling-Swarovski-Crystal-Jewelry/294619047216262.
16. In particular, Defendant Manfred sells the Sabika copyrighted piece Wine and
Dine, Registration No. VA1836-897 (see Exhibit 3 hereto), without Sabikas authorization.
Defendant also sells other pieces separately under copyright application soon to be registered.
COUNT 1
(COPYRIGHT INFRINGEMENT)
17. Sabika realleges and incorporates by reference paragraphs 1 through 16 of this
Complaint.
18. Defendants sale of jewelry products, which directly copy designs for which
Sabika owns a copyright registration, is in violation of 17 U.S.C. 106. As a result, Sabika is
6

entitled to injunctive relief pursuant to 17 U.S.C. 502 and is also entitled to damages (including
statutory damages), profits, costs, and attorneys fees pursuant to 17 U.S.C. 502 and 505.
19. Defendant has illegally reproduced the Sabika jewelry, distributed it to the public,
displayed it to the public and/or induced or supervised others into engaging in such infringing
conduct and will continue to do so in the future.
20. By violating the exclusive rights granted by copyright to Sabika, Defendants
conduct has and will continue to cause Sabika irreparable harm.
21. Defendants infringement of Sabikas copyrighted jewelry was willful and in
knowing disregard of Sabikas copyright rights.
COUNT 2
(FEDERAL AND COMMON LAW
TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION)

Complaint.
23. Without the consent of Sabika, Defendant is using in commerce Sabikas
trademarks and trade names in connection with the sale, offering for sale, distribution or
advertising of Defendants jewelry on or in connection with which such use is likely to cause
confusion, or to cause mistake or to deceive in violation of 15 U.S.C. 1114(1)(a) and common
law.
24. Without the consent of Sabika, Defendant is using and imitating Sabika
trademarks, using them in commerce upon or in connection with the sale, offering for sale,
distribution or advertising of goods or services on or in connection with which such use is likely
to cause confusion, or to cause mistake, or to deceive in violation of 15 U.S.C. 1114(1)(a) and
common law.
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25. On information and belief, Defendant is using in commerce (a) words, terms,
names, symbols, devices and combinations thereof, (b) a false designation of origin, a false or
misleading description of facts, and (c) false and misleading representations of fact, all of which
are likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection,
or association of Defendant with Sabika, or as to the origin, sponsorship, or approval of
Defendants jewelry, or commercial activities by Sabika in violation of 15 U.S.C. 1125 et seq.
and common law.
26. Defendants use of these terms and indicia infringes and will continue to infringe
Sabikas federal and common law rights in the Sabika trademarks. Defendant committed the
foregoing acts with full knowledge of Sabikas federal and common law trademark rights in the
Sabika trademarks. Her commission of such acts, with full knowledge of Sabikas rights,
constitutes willful violations of 15 U.S.C. 1114 and common law.
27. Defendant has been and is continuing to attempt to trade on valuable goodwill
associated with Sabikas trademarks.
28. Defendants acts have irreparably damaged, and unless enjoined by this Court,
will continue to irreparably damage, Sabika by causing loss of sales, profits, business, reputation,
goodwill and other losses, many of which are virtually impossible to calculate. An award of
monetary damages alone cannot fully compensate Sabika for its injuries, and plaintiff lacks an
adequate remedy at law.
COUNT 3
(UNFAIR COMPETITION)

Complaint.
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30. Defendants manufacture, advertising, sale and/or distribution in interstate
commerce of imitation jewelry, and use of the Sabika trademarks, are likely to cause confusion,
mistake and deception in the marketplace for such products as to the source and authority for
offering such products and as to the quality of such products. Potential and actual consumers are
likely to believe, and likely to be deceived into believing, that the products offered by Defendant
are approved, authorized and/or licensed by Sabika.
31. Defendants use of her Facebook website to advertise her imitation jewelry is
likely to cause confusion, mistake and deception in the marketplace as to the source and
authority for offering such products and as to the quality of such products. Potential and actual
consumers are likely to believe, and are likely to be deceived into believing, that the products
offered by Defendant are approved, authorized and/or licensed by Sabika. Defendant is therefore
unnecessarily creating confusion between Sabikas goods and her imitation goods.
32. Upon information and belief, the intended acts described above reflect
Defendants scheme by which she, without authority, consent or privilege, intends to imitate or
pass off her goods as Sabika products, or as goods for which Defendant has received Sabikas
sponsorship or approval. Defendants intentional conduct further creates the impression that
Sabika is responsible or accountable for the quality of the goods sold or offered for sale by
Defendant. Defendants conduct also harms the value of Sabikas jewelry products and
reputation for jewelry products of the highest quality, a value acquired by Sabika as a result of
Sabikas substantial expenditure of money, effort and service to customers. Through its actions,
Defendant is inducing the purchase of imitation jewelry and is thereby obtaining benefits
properly belonging to Sabika.
9

33. Defendants conduct as described above constitutes unfair competition in
violation of the common law of the Commonwealth of Pennsylvania.
34. Defendant committed the acts described with notice of Sabikas rights and with
the intent to cause confusion, mistake and deception on the part of the consuming public.
35. Defendants conduct was and continues to be willful and knowing.
36. Defendants acts have irreparably damaged, and unless enjoined by this Court,
will continue to irreparably damage Sabika by causing loss of sales, profits, business, reputation,
goodwill, and other losses, many of which are virtually impossible to calculate. An award of
monetary damages alone cannot fully compensate Sabika for its injuries and, accordingly, Sabika
lacks an adequate remedy at law.
COUNT 4
(INITIAL INTEREST CONFUSION)

Complaint.
38. Defendants use of the Sabika copyrights and trademarks constitutes false and
deceptive representations of Sabikas copyrights, trademarks, and jewelry in that the use of
Sabikas trademarks, copyrights, and jewelry are designed to create initial interest in Defendants
products through the misappropriation of Sabikas goodwill and jewelry designs.
39. Defendants use and advertisement of her imitation Sabika products constitutes false
and deceptive representations in that such use is designed to create initial interest in the
Defendants products through the misappropriation of Sabikas goodwill and jewelry designs.
40. Defendants false and deceptive products and acts are likely to cause confusion or
mistake, or to deceive consumers into believing, that there is an affiliation or close association
10

between Defendant and Sabika. Defendants actions violate section 43(a) of the Lanham Act, 15
U.S.C. 1125(a).
41. Defendants actions are willful, knowing and intentional, and are undertaken with
the express purpose of harming Sabika.
42. Sabika has been and is likely to continue to be damaged in an undetermined
amount. Sabika has been and is likely to continue to be irreparably harmed by Defendants
misleading and deceptive misrepresentations of affiliation and association with Sabika, for which
there is no adequate remedy at law.
COUNT 5
(DILUTION)

Complaint.
44. For many years, Sabika has created substantial goodwill as a well-respected and
famous brand of jewelry and accessories in the United States in general and the Commonwealth
of Pennsylvania in particular. Sabika products sold under the Sabika trademarks are uniquely
designed and are among the most well-known brands of mid-priced costumed jewelry in the
United States. The Sabika trademarks, Sabika method, and Sabika trade dresses in its unique
designs have been used widely, exclusively and for a long duration in association with Sabika,
such that such marks and trade dresses have become and are now distinctive and famous.
45. Despite knowledge of Sabikas rights in and to the Sabika trademarks, trade
dresses, and designs, Defendant is now using the Sabika name, trademark, and designs in
association with her imitation jewelry, and her imitation jewelry is nearly identical to the Sabika
trade dresses and designs protected by the Sabika name.
11

46. Despite knowledge of Sabikas rights in and to the trademarks, trade dress, and
designs, Defendant now advertises her imitation jewelry and designs in such a way as to cause
dilution of the distinctive quality of Sabikas famous name, trademark, and trade dresses.
47. Defendants use of the Sabika trademarks and sale of her imitation jewelry has
lessened and will lessen the capacity of Sabikas famous trademarks, trade dresses, and designs
to identify and distinguish Sabikas products.
48. Defendant has willfully intended to trade on Sabikas reputation and to cause
dilution of Sabikas famous trademarks, trade dresses, name, and designs.
49. Defendants acts constitute a violation of 43(c) of the Lanham Act, 15 U.S.C.
1125(c), and the Pennsylvania Trademark Law, 54 Pa. Stat. 1124.
50. By reason of and as a direct result of these acts of dilution by Defendant, Sabika
has suffered and will continue to suffer great irreparable damage, the full extent of which is
currently unknown.
COUNT 6
(BREACH OF CONTRACT)

Complaint.
52. Defendant Manfred entered into a consultancy relationship with Sabika in 2010
which was terminated in 2011. Defendant is required, under the Consultant Agreement that she
signed, not to distribute or otherwise make available Sabikas Marketing Materials or other sales
tools or procedures to any company, person, or other entity operating in the home party or
network business (see Exhibit 1 at 12).
12

53. Furthermore, Defendant was required to protect Sabikas trademarks and trade
names by obtaining the companys written permission prior to any use in any advertising or
literature other than the Marketing Materials.
54. On information and belief, these requirements of trust and acts in good faith were
not only extant during the consultancy relationship, but also thereafter.
55. Upon information and belief, and in direct contravention of her prior relationship
with Sabika, Defendant has breached the Consultant Agreement by establishing and operating a
separate entity that uses the information that she obtained from Sabika following the termination
of her relationship with Sabika, as well as by distributing such information for personal gain in
breach of her Consultant Agreement.
56. Upon information and belief, contrary to protecting Sabikas trademarks and trade
name, Defendant has intentionally used those trademarks and that trade name to enhance a
personal business relationship having nothing to do with Sabika but trading on the same goodwill
of Sabika to Sabikas detriment. Such contractual breaches have caused substantial harm to
Sabika and its programs with its consultants. By reasons of these acts Sabika has suffered and
will continue to suffer great and irreparable damage, the full extent of which is currently
unknown.
COUNT 7
(UNJUST ENRICHMENT)

Complaint.
58. Defendants distribution and sale of jewelry that is substantially the same as
Sabika, and her use of Sabikas goodwill and substantial fame, have improperly enriched
13

Defendant, to the detriment to Sabika. This has been done unjustly and without any support. On
information and belief, Defendant has undertaken such actions in substantial and willful
disregard of such rights of Sabika, solely to play on the value of the Sabika trademarks, name,
and designs, which were all developed by Sabika.
59. By reason of and as a direct result of these acts of unjust enrichment by
Defendant, Sabika has suffered and will continue to suffer great and irreparable damage, the full
extent of which is currently unknown.
60. Defendants retention of the benefits that she has wrongfully secured through the
misuse of Sabikas trademarks, name, designs, goodwill, and fame, without payment to Sabika,
is unconscionable.
PRAYER FOR RELIEF
WHEREFORE, Sabika requests that this Court:
(a) enter an order preliminarily and permanently enjoining Defendant from continued
acts of copyright infringement, trademark infringement, initial interest confusion, unfair
competition, dilution and from further violations of any of the federal and state laws cited herein;
(b) order the immediate destruction of all imitation jewelry in Defendants possession
or in the possession of any person selling or distributing the imitation jewelry which are the
subject of a violation of 15 U.S.C. 1114 or 1125 or any of the state laws herein;
(c) award to Sabika the Defendants profits from the sale of her jewelry intended to
imitate and substantially take away from the goodwill of Sabika;
(d) award damages adequate to compensate Sabika for Defendants acts of copyright
infringement, trademark infringement, unfair competition, dilution and violations of the federal
14

and state laws cited here, and a proper amount where applicable of statutory punitive and
exemplary damages;
(e) treble such damages and profits pursuant to 15 U.S.C. 1117;
(f) assess interest upon damages so computed, including prejudgment interest;
(g) award Sabika its attorneys fees, costs and expenses in this action; and
(h) order such other relief as the Court deems necessary and proper.
DEMAND FOR TRIAL BY JURY
Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff demands a trial
by jury of all issues properly triable to a jury in this case.

Dated: January 16, 2013 BUCHANAN INGERSOLL & ROONEY PC

By: /s/ Charles B. Gibbons______________
Charles B. Gibbons, Esq.
Michael L. Dever, Esq.
Christopher A. Amar, Esq.
One Oxford Centre
301 Grant Street, 20th Floor
Pittsburgh, Pennsylvania 15219-1410
charles.gibbons@bipc.com
michael.dever@bipc.com
christopher.amar@bipc.com
Tel.: (412) 562-8800
Fax: (412) 562-1041

- and -

15

Maxim Waldbaum, Esq. (pro hac vice to be filed)
Robert D. Katz, Esq. (pro hac vice to be filed)
EATON & VAN WINKLE LLP
3 Park Avenue, 16th Floor
New York, NY 10016
mwaldbaum@evw.com
rkatz@evw.com
Tel.: (212) 779-9910
Fax: (212) 779-9928

Attorneys for Plaintiff Sabika, Inc.

Case 2:13-cv-00091-TFM Document 1-1 Filed 01/16/13 Page 1 of 3
JS 44 (Rev. 12/12)
CIVIL COVER SHEET
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 localmles of court. This fonn, 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 FORA{)
I. (a) PLAINTIFFS
SABIKA, INC.
(b) County of Residence of First Listed Plaintiff Allegheny County, PA
(KCEPT IN U.S. PLAIN11FF CASES)
(C) Attorneys (Firm Name, Address, and Telephone Numbe1)
See attachment
DEFENDANTS
ANITA KELLY MANFRED, trading and doing business as BUNG by
ANITA
County of Residence of First Listed Defendant
(IN U.S. PLAIN11FF CASES ONLJJ
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
Attorneys (If Known)
II. BASIS OF JURISDICTION (Place an "X"inOneBoxOnM III. CITIZENSHIP 0 F PRINCIPAL PARTIES (Place an "X" in one Box for Plaint(ff
0 1 U.S. Govemment
Plaintiff
0 2 U.S. Govcmment
Defendant
l'<l 3 Federal Question
(U.S. Govemment Not a Part;)
0 4 Diversity
(Indicate Citizenship of Parties in J/em Ill}
IV NATURE OF SUIT (Place an"" in One Box On!;)
"
CONTRACT TORTS
0 110 Insurance PERSONAL INJURY PERSONAL INJURY
0 120 Marine 0 310 Airplane 0 365 Personal Injury -
0 130 Miller Act 0 315 Airplane Product Product Liability
0 140 Negotiable Instrument Liability 0 367 Healtl1 Carel
0 150 Recovery of Overpayment 0 320 Assault, Libel & Pharmaceutical
& Enforcement of Judgment Slander Personal lnjmy
0 I 51 Medicare Act 0 330 Federal Employers' Product Liability
0 152 Recovery of Defaulted Liability 0 368 Asbestos Personal
Student Loans 0 340 Marine Injury Product
(Excludes Veterans) 0 345 lllarine Product Liability
0 153 Recovery of Overpayment Liability PERSONAL PROPERTY
ofVeteran's Benefits 0 350 Motor Vehicle 0 370 Other Fraud
0 160 Stockholders' Suits 0 355 Motor Vehicle 0 371 Truth in Lending
0 190 Otl1er Contract Product Liability 0 380 Other Personal
0 195 Contract Product Liability 0 360 Other Personal Property Dan1age
0 196 Franchise Injury 0 385 Property Damage
0 362 Personallnjury- Product Liability
Medical Malpractice
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS
0 210 Land Condenmation 0 440 Other Civil Rights Habeas Corpus:
0 220 Foreclosure 0 441 Voting 0 463 Alien Detainee
0 230 Rent Lease & Ejectment 0 442 Employment 0 510 Motions to Vacate
0 240 Torts to Land 0 443 Housing/ Sentence
0 245 Tort Product Liability Accommodations 0 530 General
0 290 All Other Real Property 0 445 Amer. w/Disabililies- 0 535 Death Penalty
Employment Other:
0 446 Amer. w/Disabilities- 0 540 Mandamus & Other
Other 0 550 Civil Rights
0 448 Education 0 555 Prison Condition
0 560 Civil Detainee -
Conditions of
Confinement
V. 0 RIG IN (Place an 'T' in One Box On/;)
(For Dilersity Cases Only) and One Box for Defendalll)
PTF DEF PTF DEF
Citizen of This State 0 l 0 l Incorporated or Principal Place 0 4 0 4
Citizen of Another State
FORFEITURE/PENALTY
0 625 Drug Related Seizure
of Property 21 USC 881
0 690 Other
LABOR
0 710 Fair Labor Standards
Act
0 720 Labor!lvlanagement
Re1ations
0 740 Railway Labor Act
0 751 Family and Medical
Leave Act
0 790 Other Labor Litigation
0 791 Employee Retirement
Income Security Act
IMMIGRATION
of Business In This State
0 2 0 2 Incorporated and Principal Place
of Business In Anotl1er State
0 5 0 5
0 3 0 3 Foreign Nation 0 6 0 6
BANKRUPTCY OTHER STATUTES
0 422 Appeal28 USC !58 0 375 False Claims Act
0 423 Witl1drawal 0 400 State Reapportionment
28 usc 157 0 410 Antitmst
0 430 Banks and Banking
PROPERTY RIGHTS 0 450 Commerce
0 820 Copyrights 0 460 Deportation
0 830 Patent 0 4 70 Racketeer Influenced and
l'<l 840 Trademark Cmrupt Organizations
0 480 Consumer Credit
SOCIAL SECURITY 0 490 Cable/Sat TV
0 861 HIA (!395ft) 0 850 Securities/Commodities/
0 862 Black Lung (923) Exchange
0 863 DIWC/DIWW (405(g)) 0 890 Other Statutmy Actions
0 864 SSID Title XVI 0 891 Agricultural Acts
0 865 RSI ( 405(g)) 0 893 Environmental Matters
0 895 Freedom of Information
Act
0 896 Arbitration
FEDERAL TAX SUITS 0 899 Administrative Procedure
0 870 Taxes (U.S. Plaintiff Act/Review or Appeal of
or Defendant) Agency Decision
0 871 IRS-Third Party 0 950 Constitutionality of
26 usc 7609 State Statutes
0 462 Naturalization Application
0 465 Other Immigration
Actions
)8( 1 Original 0 2 Removed from
Proceeding Slate Court
0 3 Remanded from
Appellate Court
0 4 Reinstated or
Reopened
0 5 Transferred from
Another District
(specijj)
0 6 Multidistrict
Litigation
VI. CAUSE OF ACTION 1-::'L"':a"-':n"'"fha;;;.m:..:..:-:A-:-:ct,_,1,;,;5:-U;;;_;,;;;S..;..;.C:...:.."""""'..:...:....:'-'-'-''""""'L!,..;,...;,;;;;.,;:...>..:;J"-'-=..:.>...:.L.-------------------
Brief description of cause:
Copyright and trademark infringement
VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY
DATE
01/16/2013
FOR OFFICE USE ONLY
0 CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
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JUDGE lv!AG. JUDGE
JS 44AREVISED June, 2009
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
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2. JOHNSTOWN CALENDAR- If cause of action arose in the counties of Bedford, Blair,
Cambria, Clearfield or Somerset OR any plaintiff or defendant resides in one of
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3. Complete if on ERIE CALENDAR: I certify that the cause of action arose in ____________ _
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This case is related to Number __________________ . Short Caption ________________ ~ - - - -
This case is not related to a pending or terminated case.
DEFINITIONS OF RELATED CASES:
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CATEGORY (Place x in only applicable category).
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I certify that to the best of my knowledge the entries on this Case Designation
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Is/ Charles B. Gibbons
Date: January 16, 2013
ATTORNEY AT LAW
NOTE: ALL SECTIONS OF BOTH FORMS MUST BE COMPLETED BEFORE CASE CAN BE PROCESSED.
Counsel for Plaintiff (Pro Hac Vice to be filed)
Maxim Waldbaum, Esquire
Robeli D. Katz, Esquire
EATON & VAN WINKLE LLP
3 Park A venue, 16th Floor
New York, NY 10016
Phone: (212) 779-9910
Local Counsel for Plaintiff
Charles A. Gibbons, Esq.
Michael L. Dever, Esq.
Clnistopher A. Amar, Esq.
BUCHANAN INGERSOLL & ROONEY PC
One Oxford Centre
301 Grant Street, 20th Floor
Pittsburgh, PA 15219
Phone: (412) 562-8800
EXHIBIT 1
\VIIEREAS, tht:: Company \'lishes lo engage Consultant as an indcpcmk'nt
representntive lo sell certain of the Comrxmy' s jewelry and related product::; (the
"Product<>"), and \vishes to be engaged by the Company in .>1.tch capacity;
WHHR EAS, the Comp-any desires to ;l."SllfC ito:;df of the :;crvices of Consultunt and
Consultant desires to he engaged by the Company as a consultant on the tcnns and
t:onditions iorth bdow.
NOW, TIIEREFORE, intending to be legHHy bound hcrcby, the JYdrtie,'-; h<..:rcby
as l(lJlows:
l. The Company hcn.by engages Consultant as <m indept!ndent wn(mctor to
promote .und sell !.he Company's Products at private event:-; ("Home P::utics") in a<.-cord<.mtc
with the Company's policies ::Uld procedures. herehy aecept'i such engagement
\Vith thL! Company on the terms and com.litions sd torth in this Agnxmcnt
2. Consultant is cntitkd to act w; a ConsuHant in lhc tcrrit<ll)' of the United
States of America. This not provide any exclusive rights for Consultant
with to tenitorics, cus.tomcrs, or market.;:;.
J. lh! Company has the exclusive right to dcttmlinc Lhe type of Products
v.dtich Consultant can display and oiler for Consul!::mt Wlderstnnd.'> and acknmvkdges
that the Company is entitled 10 discontinue or add Products i\t its sole discretion.
4. Consultant shall not di:,;p)ay or offer tor sttlc: aw.:n:handisc at a
Horne PHrly where the Company's Product'> are displayed or oftered for sale.
5. Consultant shall comply with the Company's policies and proet.'<lun.:s
mam1cT of sale and markeling oftl1e Company\; Products. \Vith<lul. limitation
of any of the Company's policies and concerning s.de and of [1Jc
Company's Product., COflsul!Jmt shaH not:
a. sdl the Company's products to retail or
b. display or ofter tor s..'lle any Company Product on an internet website,
with the e:.:ct:ption of the CompFmy's own
an inde!)l:ndcnt C(tnl.rtictor, C<.HJ.SuJtant is solely liable for ull inco;nc taxes
and self-t:mploymcnltaxes that are rtxjuircd by (Ill fcdeml, slate, and local h!\vs.
7. Consultant undcrsumds and acknowledges that Consultant is l1{>L a JOint
venture v.ith, or lhmchist:t:", partner, agent, or employee of the Company. Consultrult has no
pov.cr or authority to incur any obligation, or liability on behalf of the Comp<my.
8. Consultan( shall faithti.LIIy, and to the best of Consull;.mt's
ability pt::rf(mn such consulting dutie!-i. The partics tmderstand and ugrcc that Consultant
shull perform such duties at such times and in such manner a-;; the Compuny deems best to
pt.':ffoml such duties. CoiL<;ulL'U!l shall maintain t11e highest standards of integrity, honesty,
responsibility and profi;:;sionalism. ConsuiWnl shall not consume alcohol at any Home
Parties.
9. Con.su.ltruH :'ibaH keep lhc Company inl(mm.xf of Consultrull's wurk on a
monthly basis. It is understood that ConsuJt<IDt shall pcrforrn ils duties lrom it.<; mvn oft!cel)
or olhcr locations and nol at the Comp<my's onicc.s.
l 0. Consultant acknowledge:-; Consult<mt's initial purchase of Product samples
and a sample attachcC In used in com1:ection with the duties of Consul!i!nr hcrcumkr. In
the event this Agreement is tenninatcd., Company will have no obligation to repurchnsc the
s.ampks or sampl-e attache:.
II. Company \Vill p<.,'Tinit a qualifYing Consull<mt to tl..<.;c a "seasonal
suitca."it:" contaiuing sample:<; of the Product'> (!ht: "Sea-'>ona.l Suitcase") at I lome Parties.
'!be Se.ISOnal Suiwasc is and at all times will remain the property of the CompHny.
Cons1.dtant agrc(,'"S to !'\.:place and/or pay fbr any loss or damage to any s<m1ple.s in tlw
Sca.-<;fm;d Suitca.')t:: from any cause, including, but tlot to, Uletl or other loss.
J 2. Consultant :shall not distribute or othenvisc make available lu any company,
person or other entity operating in the home po..rty network business the Marketing
or other sales Cools or proe(.xfures ofthc Company.
13. Ct1n$ultant will protect the Companis tradcmo..rb; m1d tr.:t<.k: name by
obtaining the Company's \vTitten prior to any w;e in any advertising or
other than the Marketing Materials.
14. Consultant shall direct all customers purchasing Prodocts to i ...;suc payment to
the Comp<.my, and shall remit the payments to the Company wilhin
( 48) hours of the sale.
1 ). For the :q.aics of the Produ1::L'> under this Agreement Consuh<mt shall
n.::cc1vc:
-2-
a. twenty percent (20%) of the ag,rcgatc gross of the Company's
Products, less rctmns, made by Consultant (such sales not to include
any Protiuct pun::hastd by Consultant or hostt::ss .awards); and
b. an override to bc dctcrrnincd by the Company's prevailing rate of
on the aggregate gross s..'llcs of the Company's Products,
less returns, made by a Sponsored Consultant (sec Paragraph 17 tor the
definition of a Spon$orcd Consultant) (such ::;ales not lo any
Produd put'dw.scd by the Sponsore.d Consultant or hoste:-;s a\vard.'>),
to Paragraph 16 bclmv;
(.:ollectivc:ly. the "Commissions"). The Commissions :;hall be payable during tht.: next
stuxx-cding calendar mont11 afkr the calendar month during whkh payment i::; received by
the Company. The Commissions shall b..: paid v.ithout withholding for taxes, sot:ial
security, or unemployment comrl(:nsatjon, to Consultant's statu.o.;; as an independent
contractor. Con.'>ultanl shall nol be entitkd to any Commissions pursuant to subse(.';tion
(b) upon tennination of this Agreement For purposes or determining gmss sales,
charges tor sales tax. shipping and handling arc excluded.
16. shall be de-emed to be inactive C'Tcmporarily Inactive
Con.o.;;ultant") and shall not be er1titlcd to any Commissions pursuant to Pw'a['.raph 15(h)
lor any calendar month (olhcr than the calendar month in which t11is AgreenH:nt is
cxc.cutt:d, if less thun a full calend.ar month) i r Consull:mt either:
a. fails to hold any Home Parties; nr
h. generates less tlu111 $500.00 in aggregate gross sales of the
Company'::; Products, less rcturns, k)r which payment is received
by the Company during such c;Jit:ndar month (such not to
include those made by any Spon:;orcd Consultant, !:ialcs of Product.;;
to Consultant, or awards):
17. may recommend nevt' sales eoit.<;ulwnts ("Sponsored
Consultants") tu t.hc Compuny by the and submission to t.l1(: Company of a
Potcnti(d Consultant Referral Form (the "Rdhral Fom1 provided no othCI' consultanl of
the Company has J)f\!Viously Spons.orcd Consultrult throug,lt the
submission of a Rdcrral Fonn. For so long as the SrJ.onsorcd Consultant n .. a sales
for tlm Company, the: Spoit.wred Comulbmt shall. be deemed a Spons<>red
Consultant Consultant may not submit a Fonn during any month in which
Consultant is a Temporarily [n;l(;tivc Consultilllt. In the event Consul!ant submits a Rdcrral
form in the: status of a Tcmpor.:trily lnoctivc ConsuJiant, any such (Jt:r.:>on who should
become a consultant for the Company sJ1all be assigm:d by 1hc Company at it'> discreth1n to
another consultant as such ccJnsultant's Sponsorot.:d Consultant rr such a.o;;:sih,.rnment is made,
no commissions shall be paid to Consulrunt for sud1 person under Paragraph l5(b). rr
Consultant is a Temporarily Inactive Consultant for three or n1ort: (:cmsccutivt:. calend:1r
months, any Sponsored Consultant{s) may be assigned to other consultants of the Con1pany.
After any such reassignment, no further commissions sh.Hll be fUtid to Consultant for sw:.:h
Sponsored Consu!tant(s) under P<1mgmph I 5(h) above.
18. The Company shall provide no benefits and has nll obligation to reimburse
Consulr<mt fbr incurred in comKction ,.,ith Consult<mt's nsponsibilities.
ConsuHrult may t1kc vacation or other time off Hs Consultant s..:cs fit.
19. This Agnx.:mcnt may IM;: tcm1itwtcd hy either party without upon
notice, Jn the event of temlinadon of the Consultant shaH immcdiardy
return .:Ul)i of Comp;my in Consultant's possession, induding all Company
manuals nnd !mining rnatcdals.
20. Tllis shall be governed by the Ia\vs of the Commonwealth of

21. Consulwnt ts not permitted (o a."sign this Agreement, or aJJy rights
thereundcl'.
22. Waiver. The failure citht:r party to insist, in any one or more insta.net:::;,
upon perfom1ancc of tenus or conditions nr this Agreement shall not as
a W<aivcr or a rclitR!Ilishmcnt of any right granted h'--:rcun(kr or of the per!orrnarJcc
of any such terrn
1
covenant or condition.
23. Notices. All shall be provided at the addresses of th.: parties
provided in the inlroductory paragraph.
24. This Agreement contains entire agreement bt:twccn parties, ami is
not to moditiCJ.llion, or chrulgc, except in writing.
IN WITNESS WHEREOF, the P"Mrics hereto executed this as of
the anti first \">Titten.
SABlKA, TNC.:
CONSULTA:-.JT:

4-
Fcbruacy 2009
EXHIBIT 2
COPYRIGHT REGISTRATIONS (SABIKA)
Article # Description
W058-CAP Bright Spots Manhattan Bracelet
W1177-GL Glamazon Manhattan Bracelet
W259-DB Chic Stir London Choker
W440-DB Chic Stir London Bracelet
W503 Modernism Lariat
W504 Innocent Art Deco Choker
W507 Latest Luxe Fancy Necklace
W522 Glamazon Necklace
W523 Haute Knockout Necklace
W527 Modernism Bow Necklace
W529 Perennials Leaf Necklace
4 VA 1-839-282 - __ :,
2 VA 1-836-976
W532 Modernism Ring R vA 1-839-235
W533 Beautifully Simple Chandelier Earrings 9 VA 1-837-351 ]:;
W840-BSP Bright Spots Manhattan Choker 16 VA 1-839-281 .
W840-GL Glamazon Manhattan Choker 6 VA 1-839-252 ,,., .
WV506 Vintage Chic Stir Choker 5 VA 1-839-284 _-_,__-_-_-_-_9,_2-4./_- __2._o___1_---_2_1:'::
WV511 Vintage In Love Heart Choker 1 VA 1-836-977 >''f;
WV516 Vintage Bright Spots Cluster Studs 16 VA 1-839-216 ;_,; --""
WV525 Vintage Remarkable Heart Necklace 13 VA 1-837-311
WV840-SUP Vintage Supernatural Manhattan Choker 11 VA 1-837-314 :e }
CF617/01 0 Opening day beaded Choker- antique brass 1 VA 1-839-228 ' ;\
CF3460-CR Opening day Crystal Cross pendant- antique bras 1 VA 1-839-232 :1!Ztif_
CF1567-MG Opening day 8-row Choker- antique brass 1 VA 1-837-214 -_-- ''9t2oi2il12
CM1391-CK Wine and dine daisy pendant- rhodium 2 VA 1-837-200 :'.:

CM862-CK Wine and dine fun Choker- rhodium 2 vA 1-836-897 '$12of2'oj2 ;;r
CF091-MU Ladies' lunch heart pendant- antique brass 3 VA 1-837-180 > >,9itw2o12
CM2097-UP Ladies' lunch Manhattan Choker- antique brass 3 VA 1-836-902 >'. s/2<,i/zo1
CF069-MT Casual Friday rose necklace- antique silver 6 VA 1-837-315
CF038-BD Closing night Cross pendant- antique silver 8 vA 1-837-181

EXHIBIT 3
Certificate of Registration
Title
This Certificate issued under the seal of the Copyright
Office in accordance with title 17, United States Code,
attests that registration has been made for the work
identified below. The information on this certificate has
been made a part of the Copyright Office records.
Register of Copyrights, United States of America
Title of Wo1k: Wine and Dine Fun Choker CM862CK
Completion/ Publication
Year of Completion: 2010
Registration Number
VA 1-836-897
Effective date of
registmtion:
September 20, 2012
Date of 1st Publication: May 1, 2010 Nation of 1st Publication: United States
Author
Ill Author: Sabika, h1c.
Author Created: jewelry design
Work made for hire: Yes
Citizen of: United States Domiciled in: United States
Copyright claimant
Copyright Claimant: Sabika, h1c.
6450 Steubenville Pike, Pittsburgh, PA, 15205, United States
Rights and Permissions
Organization Name: Sabika, h1c.
Name: Jennifer Schlieper
Email: jennifer.schlieper@sabika-jewelry.com
Address: 6450 Steubenville Pike
Telephone: 412-580-7440
Certification
Name: Jennifer Schlieper
Date: September 20, 2012
Page 1 of 1
EXHIBIT4
itt ~ t a t e ~ of mert
mnit.eb ~ t a t . e . S ~ a t . e n t anb 'QI;rabemath ffice t{f
Reg. No. 4,189,055 SABIKA, INC. (PENNSYLVANIA CORPORATION)
510 MIRANDA A VENUE
Registered Aug. 14,2012 PITTSBURGlLPA 15241
Int. Cl.: 35
SERVICE MARK
PRINCIPAL REGISTER
D!redot ot'the UnitcJ StiJIC.!. l';tt.:nt and l'ti!Jcm:uk Ollke
FOR: RETAIL SERVICES BY DIRECT SOLICITATION BY SALES AGENTS IN THE FIELD
OF JEWELRY, IN CLASS 35 (U.S. CLS. 100, 101 AND 102).
FIRST USE 9-23-2009; IN COMMERCE 9-23-2009.
OWNER OF U.S. REG. NO. 3,731,881.
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "AUSTRIAN CRYSTAL JEW-
ELRY",APARTFROMTHEMARKAS SHOWN.
THE MARK CONSISTS OF THE TEXT "AUSTRIAN CRYSTAL JEWELRY" ABOVE AND
OFFSET LEFT OF THE TERM "SABIKA" WITH A HEART IMAGE ENCLOSING THE LAST
THREE LETTERS.
SER. NO. 85-343,406, FILED 6-10-2011.
WILLIAM P. SHANAHAN, EXAMINING ATTORNEY
REQUIREMENTS TO MAINTAIN YOUR FEDERAL
TRADEMARK REGISTRATION
WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE
DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
Requirements in the Fiist Ten Years*
What and When to File:
First Filing Deadline: You must file aDeclarationofUse (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 len-year period, calculated
from the registration date, unless cancelled by an order of the Conunissioner for Trademarks or a
fede ra1 co uri.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an
Application for Renewal between the 9th and lOth years after the registration date.*
See 15 U.S.C. 1059.
Requirements in Successive Ten-Year Pc1iods*
You must file a Declaration of Use (or Excusable Nonuse) and anApplicationfor Renewal between
every 9th and lOth-year period, calculated from the registration date.*
Grace Period Filings*
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.
The United States Patent and Trademark Office (USPTO) will NOT send you any future notice or
I'emindeJ' of these filing requhements.
*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with
an ell.iension of protection to the United States under the Madrid Protocol must timely file the Declarations
of Use (or Excusable Nonuse) referenced above directly with the USPTO. The time periods for filing are
based on Ute U.S. registration date (not the intemational registration date). The deadlines and grace periods
for Ute Declarations of Use (or Excusable Nonuse) are identical to those for nationally issued registrations.
See 15 U. S.C. 1058, 114lk. Howeve1; owners ofintemational registrations do not file renewal applications
at the USPTO. Instead, Ute holder must file a renewal of the underlying intemational registration at UIC
lntemational Bureau of the World Intellectual Property Organization, under Article 7 of the Madrid Protocol,
before the expiration of each ten-year term of protection, calculated from the date of the international
registration. See 15 U .S.C. 114lj. For more infonnation and renewal fonns for the intemational registration,
see http://www.wipo.int/madrid/en/.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exce!ltion of renewal a!l!llications fo1 registered
extensions of !lrotection, you can file the registration maintenance documents referenced above online
at http://www.uspto.gov.
Page: 2 I RN # 4,189,055
\\\tt ~ t a t e ~ of mert
Wniteb ~ t a t e . t i tlatent anb \Jttabemarh ffice Cq-
Reg. No. 4,087,637
I
SABIKA, INC. (PENNSYLVANIA CORPORATION)
510 MIRANDA AVENUE
Registered Jan. 17, 2012 PITTSBURGH, PA 1524I
Int. Cl.: 35
SERVICE MARK
PRINCIPAL REGISTER
Director of the United States PJtent and Trademark Office
FOR: RETAIL SERVICES BY DIRECT SOLICITATION BY SALES AGENTS IN Tim FIELD
OF JEWELRY, IN CLASS 35 (U.S. CLS. 100, IOI AND 102).
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR-
TICULAR FONT, STYLE, SIZE, OR COLOR.
SER. NO. 85-343,359, FILED 6-10-20 II.
DOCUMENTS BELOW DURING THE SPECIFillD TIME PERIODS.
Requirements in the First Ten Years*
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 ofthe ten-year period, calculated
from the registration dale, unless cancelled by an order of the Commissioner for Trademarks or a
federal comt.
See 15 U.S.C. 1059.
Requirements in Successive Ten-Year Periods*
You must file a Declaration ofUse (or Excusable Nonuse) and an Application for Renewal between
every 9th and 1Oth-year period, calculated from the registration date.*
Grace Pel'iod Filings*
reminder of these filing requirements.
an extension of protection to the United States under the Madrid Protocol must timely file the Declarations
based on the U.S. registration date (not the international registration date). The deadlines and grace periods
for the Declarations of Use (or Excusable Nonuse) are identical to those for nationally issued registrations.
See 15 U .S.C. 1058, 1141k. However, owners of intemational registrations do not file renewal applications
at the USPTO. Instead, the holder must file a renewal of the underlying intemational registration at the
lntemational Bureau of the World Intellectual Property Organization, under Atticle 7 of the Madrid Protocol,
before the expiration of each ten-year tenn of protection, calculated from the date of the intemational
registration. See 15 U .S.C. 1141j. For more information and renewal forms for the international registration,
see http://www.wipo.int/madridlen/.
USPTO website for furthet information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online
Page: 2 I RN # 4,087,637
SABIKA IS THE PROJVliSE OF A
SMILE, THE BEGJNNING OF A
STORY AND THE END OF GOING
UNNOTICED.
Reg. No. 4,087,021 sABIKA, INc. (PENNSYLVANIA coRPoRATION)
510 MIRANDA AVENUE
Registered Jan. 17, 2012 PITTSBURGH, PA 15241
Int. Cl.: 35
SERVICE MARK
PRINCIPAL REGISTER
Director of the United States PJtent and Trndemurk Office
FOR: RETAIL SERVICES BY DIRECT SOLICITATION BY SALES AGENTS IN THE FIELD
FIRST USE 5-31-2010; IN CO!v!MERCE 5-31-2010.
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR-
SER. NO. 85-321,647, FILED 5-16-2011.
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 comt.
Second Filing Deadline: You must file a Declaration of Usc (or Excusable Nonuse) and an
See 15 U.S.C. 1059.
You must file a Declaration ofUse (or Excusable Nonuse) and an Application for Renewal between
every 9th and I Oth-year period, calculated from the registration date.*
with the payment of m1 additional fee.
an extension of protection to the United States under the Madrid Protocol must timely file the Declmations
based on the U.S. registration date (not the international registration date). The deadlines m1d grace periods
See 15 U .S.C. 1058, 114lk. However, owners of international registrations do not file renewal applications
Intemational Bureau of the World Intellectual Properly Orgm1ization, under Article 7 of the Madrid Protocol,
before the expiration of each ten-ycm tenn of protection, calculated from the dale of the intemational
registration. See 15 U.S.C. 1141j. For more information and renewal forms for the international registration,
sec hllp://www.wipo.int/madridlen/.
USPTO website for further information. With the exception of renewal applications for registered
extensions of pmtection, you can file the registration maintenance documents referenced above online
at hllp://www.uspto.gov.
Page: 2 I RN # 4,087,021
l\\ttb of ntert
mntteb !latent anb 'Orrabemark ffice
Reg. No. 4,077,226
SABIKA, INC. (PENNSYLVANIA CORPORATION)
510MIRANDAAVENUE
Registered Dec. 27,2011 PITTSBURGH,PA 15241
Int. Cis.: 14, 18, 25 and FOR: JEWELRY, IN CLAss 14(U.s. cLs. 2,27,28ANDSO).
35
TRADEMARK
SERVICE MARK
PRINCIPAL REGISTER
Dlrcclm ofthl! United and fmJ..:m;uk Olllc<.!
FIRST USE 8-27-2009; IN CO:NIMERCE 8-27-2009.
FOR: TOTE BAGS, IN CLASS 18 (U.S. CLS. 1, 2, 3, 22AND41).
FOR: APRONS; I-SHIRTS, IN CLASS 25 (U.S. CLS. 22 AND 39).
FOR: RETAIL SERVICES BY DIRECT SOLICITATION BY SALES AGENTS IN THE FillLD
Tim MARK CONSISTS OF A FANCIFUL HEART.
SER. NO. 85-343,470, FILED 6-10-2011.
Requirements in the Fitst Ten Yeats*
5th and 6th years after the registration date. See 15 U.S. C. 1058, 1141k. If the declaration is
federal court.
See 15 U.S. C. 1059.
Requirements in Successive Ten-Year Petiods*
You must file aDeclarationofUse (or Excusable Nonuse) and anApplicationforRenewal between
every 9th and lOUt-year period, calculated from Ute registration date.*
The above documents will be accepted as timely if filed wiUtin sLx months after Ute deadlines listed above
reminder of these filing t'C![ttirements.
an of protection to the Urtited States under the Madrid Protocol must timely file tl1e Declarations
of Use (or Excusable Nonuse) referenced above directly with the USPTO. The time petiods for filing are
based on the U.S. registration date (not the intemational registration date). The deadlines and grace periods
for Ute Declarations of Use (or Excusable Nonuse) are identical to those for tm!ionally issued registrations.
See 15 U.S. C. 1058, 1141k. owners of intenmtimml registrations do not file renewal applications
at the USPTO. Instead, tl1e holder must file a renewal of the underlying intemalional registration at tl1e
Intemational Bureau of the World Intellectual Property Orgmlization, under Article 7 of the Madrid Protocol,
before tlte expiration of each ten-year term of protection, calculated from the date of tl1e international
registration. See 15 U.S.C. ll4lj. For more infonnationand renewal forms for the intemational registration,
see http://www.wipo.int/madridlen/.
NOTE: Fees and requitements fmmaintaining registmtions are subject to change. Please check the
USPTO website for further information. With the exception of renewal all[!lications fot registered
extensions of [ll'Otection, you can file the registration maintenance documents referenced above online
Page: 2 I RN # 4,077,226
\\\t of flfmert
'mlniteb ,Jlatent anb 'Otrabemarh ffice
Reg. No. 3,731,881
I I
MAYR, KARIN (UNITED STATES INDIVIDUAL)
510 MIRANDA DRIVE
Registered Dec. 29,2009 PITTSBURGH, PA 1s241
Amended Oct. 25, 2011
Int. CI.: 14
TRADEMARK
PRINCIPAL REGISTER
of the United State;, Patent and Tnulemark Office
FOR: [ PRECIOUS METALS AND THEIR ALLOYS; ] JEWELRY; [ PRECIOUS STONES;
HOROLOGICAL AND CHRONOMETIC INSTRUMENTS; AMULETS;] PINS; BRACELETS;
[WATCH STRAPS; WRIST WATCHES; JEWELRY OF AMBER; BROOCHES; THREADS OF
PRECIOUS METAL; UNWROUGHT OR SEMI-WROUGHT PRECIOUS METALS; ALLOYS
OF PRECIOUS METAL; UNWROUGHT OR BEATEN GOLD; GOLD THREADS; JEWELRY
MADE OF ORMOLU; SEMI-PRECIOUS STONES; ] NECKLACES; [HAT ORNAMENTS OF
PRECIOUS METAL; JEWELRY CHAINS; WATCH CHAINS; CUFF-LINKS; MEDALLIONS;
TIE CLIPS; TIE PINS; ORNAMENTAL PINS; ORNAMENTS OF PRECIOUS METALS; ]
EARRINGS; [ PEARLS; l RINGS; [ KEY RINGS OF PRECIOUS METAL; WATCH FOBS;
BUCKLES FOR WATCH STRAPS; UNWROUGHT OR CHASED SILVER; SILVER THREADS;
SILVER ORNAMENTS; PASTE JEWELRY; JEWELRY TRINKETS], IN CLASS I4 (U.S. CLS.
2, 27, 28 AND 50).
TI-lE MARK CONSISTS OF S1i\NDARD CHARACTERS WITHOUT CLAIM TO ANY PAR-
SER. NO. 77-261,515, FILED 8-22-2007.
TRADElVIARK REGISTRATION
DOCUMENTS BELOW DURING THE SPECIFIED Tll\'IE PERIODS.
First Filing Demlline: 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, 114lk. If the declaration is
federal court.
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 lOth-year period, calculated from the registration date.*
Grace Pel'iod Filings*
with the payment of fill additional fee.
The United States Patent and Trademark Office (USPTO) will NOT send you any fitture notice or
an extension of protection to the United States under the Madrid Protocol must timely file the Declarations
based on the U.S. registration date (not the international registration date). The deadlines and grace periods
See 15 U .S.C. 1058, 1141k. However, owners of international registrations do not file renewal applications
International Bureau of the World Intellectual Property Organization, under Article 7 of the Madrid Protocol,
before the expiration of each ten-year tenn of protection, calculated from the date of the international
registration. See 15 U.S.C. 114lj. For more information and renewal forms for the international registration,
sec http://www.wipo.int/madrid/en/.
USPTO website for fit rther information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online
Page: 2/ RN # 3,731,881
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
Western District of Pennsylvania
SABIKA, INC.
)
)
)
)
)
)
)
)
)
)
)
)
Plainti.ff(s)
v. Civil Action No.
ANITA KELLY MANFRED, trading and doing
business as BUNG by Anita
Defendant(s)
To: (Defendant's name and address)
SUMMONS IN A CIVIL ACTION
Anita Kelly Manfred,
trading and doing business as BUNG by Anita
1331 Cedar Boulevard
Pittsburgh, PA 15228-1013
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: Maxim Waldbaum, Esq. or Charles B. Gibbons, Esq.
Robert D. Katz, Esq. Michael L. Dever, Esq.
Eaton & Van Winkle Christopher A. Amar, Esq.
3 Park Avenue, 16th Floor Buchanan Ingersoll & Rooney PC
New York, NY 10016 One Oxford Centre, 301 Grant Steet, 20th Floor
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: 01/16/2013
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 tlte court unless required by Fed. R. Civ. P. 4 (/))
This smmnons for (name of individual and title, if any)
was received by me on (date)
0 I personally served the summons on the individual at (place)
on (date)
------------------------------------------------ ------------------
0 I left the summons at the individual's residence or usual place of abode with (name)
; or
, a person of suitable age and discretion who resides there,
---------------------------------
on (date) , and mailed a copy to the individual's last known address; or
---------------
0 I served the summons on (lwme of individual) , who is
designated by law to accept service of process on behalf of (name of organization)
on (date)
------------------------------------------------
0 I returned the summons unexecuted because
; or
--------------------------------------------
0 Other (spec(/jl):
My fees are$ for travel and $ for services, for a total of$
0.00
-----------
I declare under penalty ofpetjury that this information is true.
Date:
Server's signature
Printed name and title
Server's address
Additional information regarding attempted service, etc:
; or

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IN THE UNITED STATES DISTRICT COURT

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