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Elite Dogstands v. For The Earth et. al.

Elite Dogstands v. For The Earth et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-00573-JEC: Elite Dogstands, Ltd. v. For The Earth Corporation et. al. Filed in U.S. District Court for the Northern District of Georgia, the Hon. Julie E. Carnes presiding. See http://news.priorsmart.com/-l7HD for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-00573-JEC: Elite Dogstands, Ltd. v. For The Earth Corporation et. al. Filed in U.S. District Court for the Northern District of Georgia, the Hon. Julie E. Carnes presiding. See http://news.priorsmart.com/-l7HD for more info.

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Published by: PriorSmart on Feb 22, 2013
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02/23/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF GEORGIAATLANTA DIVISION
Elite Dogstands, Ltd., )))Plaintiff, ) CIVIL ACTION FILE NO.v. ))For The Earth Corporation, )
JURY TRIAL DEMANDED
BJ’s Wholesale
Club, Inc., ))Defendants. )
COMPLAINT
 
COMES NOW Plaintiff, Elite Dogstands Ltd. (“Elite”), and for itsComplaint against Defendant, For The Earth Corporation (“FTEC”),
and
Defendant BJ’s Wholesale Club, Inc. (“BJ’s”),
states the following:
THE PARTIES
 1. Elite is a limited liability corporation organized under the laws of theUnited Kingdom, with its principal place of business at 10 Marigold Place, Harlow,Essex CM17 0BW, United Kingdom, in Harlow, United Kingdom.2. Upon information and belief, Defendant FTEC is a corporationorganized under the laws of the State of Delaware, with its principal place of 
 
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 business in Phoenix, Arizona. Defendant can be served through its registeredagent Wesley S. Loy, at 1122 E. Jefferson Street, Phoenix, Arizona 85034.3.
Upon information and belief, Defendant BJ’s is a corporation
organized under the laws of the State of Delaware, with its principal place of  business at 25 Research Drive, Westborough, MA 01581. Defendant can be servedthrough its registered agent The Corporation Trust Company, Corporation TrustCenter, 1209 Orange Street, Wilmington, DE 19801.
JURISDICTION AND VENUE
4. This is an action against Defendants FTEC
and BJ’s
for patent,trademark and trade name infringement, unfair competition, injury to businessreputation, and trademark and trade name dilution arising under the Patent Laws of the United States, specifically 35 U.S.C. § 271 and 35 U.S.C. §281, the FederalTrademark Act of 1946, 60 Stat. 427, 15 U.S.C. 1051 et seq., the common law, andthe statutes of the State of Georgia.5. This Court has subject matter jurisdiction over this action pursuant to28 U.S.C. § 1331 as it involves a federal question: United States Patent Laws, 28U.S.C. § 1338 as it involves federal patent and trademark law and a claim of unfair competition joined with a substantial and related claim under the patent or trademark laws; and 28 U.S.C. § 1332 as the action is between citizens of different
 
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States, and the amount in controversy in this action, exclusive of interest and costs,exceeds the sum of $75,000.00.6. This Court has personal jurisdiction over FTEC by reason of the business that FTEC has transacted and continues to transact in this judicial districtand division, and has sufficient minimum contacts with this judicial district anddivision. In particular, FTEC has made and continues to make, has offered to selland continues to offer to sell, has sold and continues to sell, has used and continuesto use, and/or has imported and continues to import products that infringe valid and
enforceable claims of Elite’s patent, trademark, and trade name rights.
 7. In addition, this Court has personal jurisdiction over FTEC because ithas knowingly and actively engaged in acts that have infringed, will infringe, aidedand abetted and/or will aid and abet
in the direct infringement of claims of Elite’s
 patent, trademark and trade name rights, in this judicial district and division.8.
This Court has personal jurisdiction over BJ’s by reason of the
 b
usiness that BJ’s has transacted and continues to transact in this judicial district
and division, and has sufficient minimum contacts with this judicial district and
division. In particular, BJ’s has made and continues to make, has offered to sell
and continues to offer to sell, has sold and continues to sell, has used and continues

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