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Master Cutlery v. Panther - Am Complaint

Master Cutlery v. Panther - Am Complaint

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Published by slburstein
Master Cutlery v. Panther - Am Complaint
Master Cutlery v. Panther - Am Complaint

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Published by: slburstein on Mar 03, 2013
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08/04/2013

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Case 2:12-cv-04493-JLL-MAH Document 28 Filed 02/27/13 Page 1 of 20 PageID: 285
RUBIN, KAPLAN
&
ASSOCIATESA Professional Corporation200 Centennial Avenue, Suite 110Piscataway,
New
Jersey 08854(732) 463-7511Attorneys for Plaintiff, Master Cutlery, Inc.
UNITED STATES DISTRICT COURTDISTRICT
OF
NEW
JERSEY
MASTER CUTLERY, INC.,Plaintif4
v.
PANTHER TRADING CO., INC.,ABC COMPANIES 1-30,(said companies being fictitioussellers, buyers, marketers and/ormanufacturers infringing productsobtained from Panther,Defendants.Civil Action No.: 12-4493 (JLL)
AMENDED COMPLAINT ANDDEMAND
FOR
JURY
TRIALAMENDED COMPLAINT AND DEMAND
FOR
JURY
TRIAL
Plaintiff Master Cutlery, Inc. (hereinafter "Master
Cutlery'~.
by and through itscounsel, Richard Kaplan, Esq.,
of
Rubin, Kaplan
&
Associates, complain against PantherTrading Co., Inc. (hereinafter "Panther") and ABC Companies (1-30), said companiedbeing fictitious sellers and/or buyers and/or marketers and/or manufacturers,
of
infringingproducts obtained from Panther, and alleges upon knowledge as
to
itself and otherwiseupon information and belief as follows:
 
Case 2:12-cv-04493-JLL-MAH Document 28 Filed 02/27/13 Page 2 of 20 PageID: 286
NATURE
OF THEACTION
1.
This is an action for (1) Patent Infringement under
35
U.S. C.
§
271(a),
(2)
Induced Patent Infringement under
35
U.S.C. § 271(b), (3) WillfulCopyright Infringement under
17
U.S.C.
§
101, et
~-,
(
4)
WillfulTrademark Infringement under the Lanham Act, (5) Unfair Competitionunder
15
U.S.C.
§
1125 (a), (6) Unfair Competition under New JerseyCommon Law, (7) Tortious Interference with Prospective EconomicAdvantage under New Jersey Common Law, and (8) misappropriation
of
intellectual property under New Jersey Common Law.JURISDICTION AND VENUE2. This Court has subject matter jurisdiction over all causes
of
actions setforth herein based upon
15
U.S.C.
§
1121,28 U.S.C.
§§
1331, l338(a) and1338(b), and pursuant to the supplemental jurisdiction
of
this Court for allnon-federal causes
of
action under28 U.S.C.
§
1367.3. This Court has personal jurisdiction over Defendants
by
virtue of,
inter
alia,
(a) Defendant Panther Trading Co., Inc.'s having numerous businessrelations within the State
of
New Jersey and conducting regular andcontinuous business transactions therewith, giving it the requisiteminimum contacts with the state required to be subject to jurisdictiontherein; (b) Defendant Panther Trading Co., Inc. having a place
of
business at 2652 West Patapsco Avenue, Maryland 21230; (c) commission2
 
Case 2:12-cv-04493-JLL-MAH Document 28 Filed 02/27/13 Page 3 of 20 PageID: 287
of
tortious acts by all Defendants within the State
of
New
Jersey andwithin this Judicial District; and (d) regular and continuous transaction
of
business, including the tortious acts complained
of
herein, within the State
ofNew
Jersey and within this Judicial District.4. Venue is proper
in
this judicial district and division pursuant to 28 U.S.C.
§
139l(b) and (c).
THE
PARTIES
TOTHE
COMPLAINT
5. Plaintiff Master Cutlery, Inc. ("Master Cutlery") is a
New
JerseyCorporation with its principal place
of
business
at
700 Penhom Avenue,Secaucus,
New
Jersey 07094.
6.
Defendant Panther Trading Co., Inc. ("Panther") is believed to be aMaryland Corporation, having a principal place
of
business at 2652 WestPatapsco Avenue, Baltimore, Maryland 21230.7. Defendants ABC Companies are fictitious persons or entities whosepresent identity and address is unknown, who have also violated Plaintiff'srights as set forth herein, or who assisted, conspired, or otherwisecooperated with the other Defendants
in
the acts complained
of
herein.
BACKGROUND
8.
On
December 2, 2003, Victor Lee, President
of
Master Cutlery, Inc., fileda patent application with the United State Patent and Trademark Office("USPTO"), entitled "Knife," which was granted United States3

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