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Umbra v Parts v. APS - Complaint

Umbra v Parts v. APS - Complaint

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Published by slburstein
Umbra v Parts v. APS - Complaint
Umbra v Parts v. APS - Complaint

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Published by: slburstein on Apr 29, 2013
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04/29/2013

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UNITED STATES DISTRICT COURTWESTERN DISTRICT OF NEW YORK  ______________________________________UMBRA, LLC1705 BROADWAY STREET COMPLAINTBUFFALO, NEW YORK 14212Plaintiff, JURY TRIAL DEMANDEDv.Civil Action No. _____________________ 
 
APPLIANCE PARTS STOP(a/k/a APPLIANCE PARTS MASTERS)(a/k/a MASTERS APPLIANCE PARTS)(a/k/a UNIVERSAL APPLIANCE PARTS)(d/b/a PRICELESSSUPPLY on Amazon.com)16141 NORDHOFF STREETNORTH HILLS, CALIFORNIA 91343Defendant. ______________________________________
Plaintiff Umbra, LLC (“UMBRA”), for its Complaint against Defendant Appliance PartsStop (a/k/a Appliance Parts Masters and Masters Appliance Parts) (d/b/a PriceleSSSupply onAmazon.com) (collectively “APS”), alleges:
NATURE OF THIS ACTION
1.
 
UMBRA seeks injunctive relief and damages against APS for patent infringementarising under the Patent Laws of the United States, 35 U.S.C. § 101
et seq.
, including 35 U.S.C.§§ 271, 281, 283, 284 and 289.2.
 
UMBRA seeks injunctive relief and damages against APS for trademarkinfringement arising under the Trademark Laws of the United States, 15 U.S.C. §§ 1051
et seq.
,including 15 U.S.C. §§ 1114, 1116, 1117, 1118, 1124 and 1125.
Case 1:13-cv-00421 Document 1 Filed 04/26/13 Page 1 of 18
 
- 2 -
 THE PARTIES
3.
 
UMBRA is a New York limited liability company having its principal place of business at the address set forth in the caption above.4.
 
UMBRA is a worldwide leader in the design and manufacture of original, casual,contemporary, affordable product designs for every room in the home. Founded in 1979, thecompany’s products are available on-line and at over 25,000 retailers in more than 75 countries.5.
 
Upon information and belief, APS is a California corporation having its principalplace of business at the address set forth in the caption above.6.
 
Upon information and belief, APS has manufactured and/or imported for sale inthe United States a hanging dress shaped storage device of the kind described in this Complaint.
 JURISDICTION AND VENUE
7.
 
 The Court has subject matter jurisdiction pursuant to Title 15, United States Code§ 1121(a) and Title 28, United States Code §§ 1331 and 1338(a).8.
 
 The Court has personal jurisdiction over APS because of APS’s contacts with thisforum including, at least, regularly and intentionally doing, transacting and soliciting business;contracting to supply goods; advertising and marketing infringing goods; deriving substantialrevenues from the sale of goods; knowing or expecting its actions to have consequences in this jurisdiction; and deriving substantial revenue from interstate and/or international commercethrough online sales to customers and otherwise.9.
 
Venue is proper in this District under 28 U.S.C. §§ 1391(b), 1391(c) and 1400(b).
Case 1:13-cv-00421 Document 1 Filed 04/26/13 Page 2 of 18
 
- 3 -
UMBRA AND ITS INTELLECTUAL PROPERTY
10.
 
Over a period of 30 years, UMBRA has developed and maintained, at considerableexpense, in the United States and worldwide, valuable patents and trade dress, valuable tradenames, a reputation for excellence, and valued relationships with retailers and customers.11.
 
 To develop and maintain these assets and associated good will, and to protect itsinnovative designs, UMBRA has invested substantial amounts of money, time and otherresources.12.
 
In particular, on or about October 20, 2011, UMBRA filed a design patentapplication in the United States Patent and Trademark Office claiming the ornamental design fora dress-shaped organizer. The patent issued as United States Design Patent No. D657,172 (the172 Patent) on April 10, 2012.13.
 
A true and correct copy of the 172 Patent is annexed as Exhibit 1.14.
 
UMBRA owns the 172 Patent and, as such, has the right to sue and recover forpast, present and future infringement of the 172 Patent and to obtain the relief claimed in thisComplaint.15.
 
Since at least as early as March 29, 2011, UMBRA has used the trademarkLITTLE BLACK DRESS in association with non-metal fabric hanging organizers.16.
 
An application to register the trademark LITTLE BLACK DRESS was filed under15 U.S.C. § 1051(a) on March 29, 2013 and is currently pending before the United States Patentand Trademark Office as United States Trademark Application Serial No. 85/890,762 (the ‘762Application).17.
 
A true and correct copy of the 762 Application for registration as filed is annexedas Exhibit 2.
Case 1:13-cv-00421 Document 1 Filed 04/26/13 Page 3 of 18

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