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David Sutherland v. Teak Warehouse et. al.

David Sutherland v. Teak Warehouse et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 3:13-cv-00937-LAB-KSC: David Sutherland, Inc. v. Teak Warehouse Inc. et. al. Filed in U.S. District Court for the Southern District of California, the Hon. Larry Alan Burns presiding. See http://news.priorsmart.com/-l83W for more info.
Official Complaint for Patent Infringement in Civil Action No. 3:13-cv-00937-LAB-KSC: David Sutherland, Inc. v. Teak Warehouse Inc. et. al. Filed in U.S. District Court for the Southern District of California, the Hon. Larry Alan Burns presiding. See http://news.priorsmart.com/-l83W for more info.

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Published by: PriorSmart on Apr 20, 2013
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07/10/2013

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OC\1609048.1
ComplaintDemand for Jury Trial
LATHAM & WATKINS LLP Jennifer L. Barry (Bar No. 228066)
 jennifer.barry@lw.com
600 West Broadway, Suite 1800San Diego, California 92101-3375(619) 236-1234 / (619) 696-7419 FaxAttorneys for Plaintiff David Sutherland, Inc. d/b/a SutherlandUNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF CALIFORNIADAVID SUTHERLAND, INC. d/b/aSUTHERLAND, a Texas corporation,Plaintiff,v. TEAK WAREHOUSE INC., aCalifornia corporation; and DOES 1-10,Defendants.CASE NO.Complaint For:(1) Patent Infringement (35 U.S.C. § 271)(2) Trade Dress Infringement (15 U.S.C.§ 1125)(3) Unfair Competition (Cal. Bus. & Prof.Code § 17200
et seq
.)(4) Common Law Unfair Competition
Demand For Jury Trial
 
 
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OC\1609048.1
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ComplaintDemand for Jury Trial
Plaintiff David Sutherland, Inc. d/b/a Sutherland (“Sutherland”), for itsComplaint against Teak Warehouse, Inc. (“Teak Warehouse”) and Does 1-10 (the“Doe Defendants”) (collectively, “Defendants”), alleges as follows:
Nature of Action
 1.
 
Sutherland designs, markets, and sells unique, stylish, designer-class outdoor and indoor furniture. Since its inception in 1991, Sutherland hastransformed the outdoor furniture industry, including because of the award-winning designs and extremely high quality construction of its products. As aresult of its innovative efforts reflected in the quality and style of its products,Sutherland has garnered numerous accolades and has developed an outstanding,and hard-earned, reputation among consumers, including interior decorators,architects, and furniture buyers for luxury hotels and travel resorts.2.
 
Sutherland’s efforts and creative achievements have resulted inbroad intellectual property protection for Sutherland’s innovations, includingvarious patents and protectable trade dress rights. Nevertheless, Sutherland’sinnovations and distinctively-styled products have been the subject of emulation bysome of its competitors (or would-be competitors), who have attempted tounlawfully capitalize on Sutherlands success. Teak Warehouse is one suchinfringer.3.
 
 Teak Warehouse markets and sells furniture products that blatantlyimitate the patented design of Sutherland’s successful and distinctive PoolsideCollection in an attempt to improperly profit from Sutherland’s innovations andhard-earned reputation and goodwill.4.
 
By this action, Sutherland seeks to put a stop to Defendants’unlawful conduct and obtain compensation for the violations that have occurredthus far.
 The Parties 
5.
 
Sutherland is a corporation organized and existing under the laws of 
 
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OC\1609048.1
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ComplaintDemand for Jury Trial
the State of Texas, having its principal place of business at 140 Regal Row, Dallas, Texas 75247.6.
 
On information and belief, Teak Warehouse is a corporationorganized and existing under the laws of the State of California, having itsprincipal place of business at 2653 Manhattan Beach Blvd., Redondo Beach,California 90278, and operating a warehouse located at 7668 Miramar Road, SanDiego, California 92126.7.
 
Sutherland is ignorant of the true names of Doe Defendants 1through 10, inclusive, and therefore sues those defendants by such fictitious names.Sutherland is informed and believes, and on that basis alleges, that Doe Defendants1 through 10, inclusive, are responsible for the acts alleged in this Complaint.When the true names of such fictitious defendants are ascertained, Sutherland willseek leave of this Court to amend this Complaint to name those individuals orentities.8.
 
Sutherland is informed and believes, and on that basis alleges, thateach of the Defendants was the agent and employee of the remaining Defendantsand, at all times mentioned, acted within the course and scope of such agency andemployment.
 Jurisdiction and Venue
9.
 
 This is a civil action alleging patent infringement under 35 U.S.C.§ 271; trade dress infringement under the Lanham Act, 15 U.S.C. § 1125(a); unfaircompetition under California Business & Professions Code §§ 17200
et seq
.; andCalifornia common law unfair competition.10.
 
Pursuant to 15 U.S.C. § 1121 and 28 U.S.C. § 1338(a), this Courthas subject matter jurisdiction over Sutherland’s federal statutory claims. Pursuantto 28 U.S.C. § 1338(b), this Court has supplemental jurisdiction over Sutherland’sstate law unfair competition claims, in that the claims are joined with substantialand related claims under the federal statutes. This Court also has supplemental

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