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Contemporary Visions v. Maxim Lighting International et. al.

Contemporary Visions v. Maxim Lighting International et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-04622-ALC: Contemporary Visions, LLC v. Maxim Lighting International, Inc. et. al. Filed in U.S. District Court for the Southern District of New York, the Hon. Andrew L. Carter presiding. See http://news.priorsmart.com/-l8GY for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-04622-ALC: Contemporary Visions, LLC v. Maxim Lighting International, Inc. et. al. Filed in U.S. District Court for the Southern District of New York, the Hon. Andrew L. Carter presiding. See http://news.priorsmart.com/-l8GY for more info.

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Published by: PriorSmart on Jul 08, 2013
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07/10/2013

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- 2 -of form and function. Mr. Sommeman’s designs have been exhibited in the UnitedStates and internationally in major museums and galleries. In addition, Mr. Sonnemanhas lectured on design at some of the most prestigious universities in the country.2. Sonneman’s current lighting collection includes over a thousand designsthat are offered for sale at numerous lighting retailers throughout the country. Interiordesigners and persons with knowledge of high-end lighting products recognizeSonneman’s products and associate Sonneman’s products with quality andsophistication.3. Defendants operate a lighting fixture business that directly competes withSonneman. As described in detail herein, Defendants have offered for sale and areselling lighting fixtures that are blatant copies of Sonneman’s original designs.Defendants’ actions are materially harming Sonneman.
JURISDICTION AND VENUE
 4. This is an action for: (a) design patent infringement under the Patent Act,35 U.S.C. § 101
et seq
.; (b) trade dress infringement and unfair competition under theLanham Act, 15 U.S.C. §1051
et seq
.; (c) common law unfair competition under the lawof the State of New York; and (d) common law injury to business reputation and dilutionunder New York General Business Law § 360-I.5. This Court has jurisdiction over the subject matter of these claimspursuant to 28 U.S.C. §§ 1331 and 1338 and under principles of supplemental jurisdiction, 28 U.S.C. §1367.
 
 
- 3 -6. This Court has diversity jurisdiction over this dispute under 28 U.S.C.§1332 since this dispute exceeds $75,000 and is between citizens of different states.7. This Court has personal jurisdiction over Defendants because Defendantsare (i) offering for sale infringing products that customers in this District can or will beable to purchase, and/or have purchased, (ii) operating a Website at et2online.com fromwhich customers in this District can view the infringing products and which identifies oneor more retail outlets in this District for purchasing the infringing products, and (iii)deriving revenue from intrastate and interstate commerce in this District and areotherwise engaging in substantial business within this District.8. On the basis of the foregoing, venue is proper in this judicial districtpursuant to 28 U.S.C. § 1391.
THE PARTIES
 9. Sonneman is a corporation organized under the laws of the State of New York, with a principal place of business at 20 North Avenue, Larchmont, NY 10538.10. Upon information and belief, Defendants Maxim Lighting International, Inc.and Maxim Lighting, Inc. (collectively “Corporate Defendants”) are corporationsorganized under the laws of the State of California, with a principal place of business at253 Vineland Ave., City of Industry, CA 91746.11. Upon information and belief, Defendants Maxim Group Companies andET2 Contemporary Lighting (collectively “Company Defendants”) are entities of unknown legal status, with a principal place of business at 253 Vineland Ave., City of Industry, CA 91746.

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