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
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
.; 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