Emeco v. East End - Complaint

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 1 of 57 PageID #: 1
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK EMECO INDUSTRIES, INC. ) ) Plaintiff, ) v. ) ) EAST END N.Y. IMPORTS, INC., d/b/a ) MODWAY and MODWAY FURNITURE ) ) and ) ) SUGAR STORES, INC., d/b/a LEXMOD, ) ATLANTIC FURNITURE STORE, MID ) CENTURY FURNITURE, SAFCO SHOP, ) BESTAR FURNITURE STORE, SHOP ) SEATING ) ) and ) ) MENACHEM T. GREISMAN, MOSHE ) MELAMED, AND SHNEUR HIRSCH, ) individually ) Defendants ) ____________________________________)
Civil Action No. ______________ JURY TRIAL DEMANDED
COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff Emeco Industries, Inc. (Emeco or Plaintiff), by and through its attorneys, brings this Complaint against Defendants Sugar Stores, Inc. d/b/a LexMod, Atlantic Furniture Stores, Mid Century Furniture, Shop Seating, Bestar Furniture Store, and Safco Shop ("Sugar Stores"); East End N.Y. Imports, Inc. d/b/a Modway and Modway Furniture ("East End Imports"); and Menachem T. Greisman, Shneur Hirsch, and Moshe Melamed in their individual capacity (collectively referred to hereinafter as "Defendants) for injunctive relief and damages. Emeco alleges as follows: NATURE OF THE ACTION 1. This action arises out of Defendants' flagrant and willful infringement of Emecos
trade dress and trademark rights in its world-renowned Navy Chair collection, willful
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infringement of Emeco's design patents that protect the ornamental design features of seats sold by Emeco, and related conduct. 2. Defendants have offered and offer for sale a series of cheaply made, low-priced
counterfeits, with the confusingly similar Navy Chair and/or "Sailor Chair" names, that copy the iconic and highly distinctive design of the Navy Chair product line. Below is a side-byside comparison of Emecos 1006 Navy Chair and Defendants' Sailor Chair, and a side-byside comparison of Emecos 111 Navy Chair and Defendants' counterfeit Navy Chair.
Emecos 1006 Navy Chair
Defendants' Sailor Chair1
Emecos 111 Navy Chair
Defendants' Navy Chair2
http://www.modwayfurniture.com/popup.aspx?src=/images/product/large/EEI-172-SLV_3_.jpg, accessed and downloaded on June 27, 2013. 2 http://www.modwayfurniture.com/popup.aspx?src=/images/product/large/EEI-219-RED_1_.jpg, accessed and downloaded on June 27, 2013.
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3.
Defendants also have offered and offer for sale a series of cheap, low-priced
counterfeits that copy the ornamental design features of Emeco's Kong product line protected by design patents. Below is a side-by-side comparison of Emecos Kong Chair and Defendants' Casper Chair (also known as the "Ghost" or "King" Chair). Emecos Kong Chair Defendants' Casper Chair3
4.
Originally commissioned by the United States Navy during World War II, the
Emeco 1006 Navy Chair ("Navy Chair") is a classic of twentieth century design, universally celebrated for its craftsmanship and sustainable composition. The Navy Chair is featured in the permanent collections of modern art museums and is a prominent fixture of homes, offices, colleges, hotels, and restaurants around the world. Composed of recycled aluminum, the chairs are sculpted and manufactured by hand in Hanover, Pennsylvania through a highly technical and precise system of 77 steps. As a result of this rigorous process, the Navy Chair is three times as strong as steel and is built to last for 150 years. The Navy Chair is sold at retail for approximately $450. 5. Emeco also constructs an identical version of the Navy Chair made out of
recycled plastic Coca-Cola bottles (known as the 111 Navy Chair) as part of a Joint Venture
3
http://www.modwayfurniture.com/popup.aspx?src=/images/product/large/EEI-219-RED_1_.jpg, accessed and downloaded on June 27, 2013.
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Partnership with the Coca-Cola Co. The 111 Navy Chair is available in various colors, including red, black, green, orange, and white. The 111 Navy Chair has won several awards, including the Good Design Award and the International Forum Product Design Award. 6. Defendants' Navy Chair and "Sailor Chair" line of chairs and stools are blatant
counterfeits of the Emeco Navy Chair collection. Defendants' chairs are not the result of the extensive and precise manufacturing process that ensures the high quality of the Navy Chair collection. Defendants' aluminum Sailor Chair has been listed at retail for $199, while their red "Navy Chair" is listed at retail for $111. 7. Defendants are counterfeiters of famous designs. Defendants' current activities
are part of an established business practice of infringing others designs and trademarks for financial gain. 8. The irreparable harm caused by Defendants' willful infringement of Emecos
designs and exploitation of its reputation and significant goodwill are extensive. Defendants have hijacked and exploited Emecos brand image and iconic designs. Emeco brings this action to halt this harm and protect its exclusive rights. Emeco further is entitled to its actual damages, to Defendants' illicit profits, to statutory damages, and/or exemplary damages as a result of this unlawful conduct.
THE PARTIES 9. Emeco is a privately held Pennsylvania corporation and has its principal place of
business in Hanover, Pennsylvania. 10. Sugar Stores Inc. ("Sugar Stores") is a Florida corporation with a place of
business at 470 Mundet Place, Hillside New Jersey 07205. From 2005-2011, it was known as
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Executive Chair, Inc. An Amendment to the Articles of Incorporation was filed with the Florida Secretary of State on October 3, 2011 evidencing the name change. 11. Sugar Stores, through its related trade names, is a retail seller of furniture. Upon
information and belief, it maintains a warehouse at 2015 Pitkin Ave, Brooklyn, New York 11207, and transacts and does business in New York and this District. 12. Sugar Stores operates a network of online furniture retailing websites that purport
to offer for sale specialized home and office furniture from a variety of manufacturers. It does business as and operates under several fictitious trade names, including but not limited to LexMod, Safco Shop, Atlantic Furniture Store, Shop Seating, Bestar Furniture Store, ErgoHuman Store, and MidCentury Furniture. Upon information and belief, New York consumers in this District and elsewhere in the State interact with the Defendants' owned websites by searching for, requesting and/or purchasing Defendants' infringing products. 13. The second-level Internet domains for the following fictitious trade names
<safcoshop.com>, <AtlanticFurnitureStore.com>, < bestarfurniturestore.com>, <ergohumanstore.com> and <midcentury-furniture.com> list a registration address of 2015 Pitkin Ave, Brooklyn, New York 11207. 14. East End Imports N.Y., Inc. ("East End Imports") is a New York corporation and
has its principal place of business at 470 Mundet Place, Hillside NJ 07205. Upon information and belief, it does business as and operates under several fictitious trade names, including but not limited to Modway and Modway Furniture. 15. East End Imports is a wholesale furniture company. Upon information and belief,
it maintains a warehouse at 2015 Pitkin Ave, Brooklyn, New York 11207, and transacts and does business in New York and this District.
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16.
The second-level Internet domains for East End Imports,
<modwayfurniture.com> and <eastendimports.com>, list a registration address of 2015 Pitkin Ave, Brooklyn, New York 11207. 17. Menachem T. Greisman ("Greisman") is President and Secretary of Sugar Stores,
and a registered agent for East End Imports. Upon information and belief, Greisman also uses the aliases Tuvya, Tuvia or Tovia Greisman, and he identifies himself to the public as the "Owner" of Modway Furniture. He resides in Brooklyn, NY. 18. Schneur Hirsch ("Hirsch") is Vice President and Treasurer of Sugar Stores. He
identifies himself to the public as President of Modway Furniture. He resides in Brooklyn, NY. Hirsch is listed as the Registrant for the second-level Internet domains at 2015 Pitkin Ave, Brooklyn, New York 11207. 19. Moshe Melamed ("Melamed") identifies himself to the public as COO of
Modway Furniture, CEO of Sugar Stores and co-founder of LexMod.com. He resides in Brooklyn, NY. 20. Upon information and belief, Defendants Greisman, Hirsch, and Melamed
(collectively referred to hereinafter as, "Individual Defendants") share primary responsibility for the operation and management of Sugar Stores and East End Imports (collectively referred to hereinafter as, "Corporate Defendants"). 21. Defendants transact and do business within this District, derive revenue from
intrastate and interstate commerce, and have committed tortious acts within this District and also without this District having consequences within this District, and said Defendants reside within this District and are within the jurisdiction of this Court.
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Does 1-10 are individual directors, officers, employees and/or investors of the
Corporate Defendants who personally directed, controlled, ratified, or otherwise participated in the Corporate Defendants' infringing and unlawful activity for personal financial gain, but whose identities are presently unknown. Emeco intends to name such individuals after it ascertains their identities through discovery. JURISDICTION AND VENUE 23. This is an action for trade dress infringement, trade mark infringement, false
advertising, counterfeiting, dilution and unfair competition under the Lanham Act, 15 U.S.C. 1051, et seq.; and related claims for unfair and deceptive trade practices and unfair competition under New York statutory and common law. 24. This is also an action for patent infringement arising under the patent laws of the
United States as set forth in Title 35 of the United States Code Section 271, et seq. 25. This Court has jurisdiction under 28 U.S.C. 1331, 1332, and 1338(a) and 15
U.S.C. 1121 and with respect to certain claims, 28 U.S.C. 1367. 26. Venue is proper in the Eastern District of New York under both 28 U.S.C. 1391
and 1400 because all Defendants reside in this District, are subject to personal jurisdiction in this District, have committed acts of infringement in this District and have a regular and established place of business in this District. 27. Venue is both proper and convenient to all parties. Defendants have offered for
sale, imported, distributed and sold infringing products in this District. Indeed, Defendants have sold counterfeit or otherwise infringing goods across the nation, including within this District, through their various e-commerce websites. Defendant East End Imports is a New York corporation and, upon information and belief, has a warehouse and transacts and does business in
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this District. Upon information and belief, Defendant Sugar Stores has a warehouse in this District and does substantial business into and out of this District. Upon information and belief, the Individual Defendants all reside in this District. EMECO AND ITS ICONIC NAVY CHAIR LINE OF PRODUCTS 28. Emeco was founded in 1944 in Hanover, Pennsylvania. Commissioned by the
United States Navy during World War II to build a seaworthy, lightweight and durable chair that could be used on warships and submarines, Emeco developed the iconic Navy Chair (known as the 1006 Navy Chair). The United States government to this day continues to purchase Emeco Navy Chairs for United States Navy ships and submarines. 29. In the years since, the Emeco Navy Chair has been recognized as a modern
masterpiece of twentieth century design. It is in the permanent collections of museums around the world, including the Design Museum in London and the Carnegie Museum of Art in Pittsburgh, and is presently on display in the Museum of American History in Washington, D.C. and a traveling exhibition entitled The Art of Seating: 200 Years of American Design. It is used in homes, offices, hotels, colleges, and restaurants around the world and regularly appears in design magazines, fashion layouts, and Hollywood films and television series. The Navy Chair also has been prominently displayed by preeminent designers including Philippe Starck and Frank Gehry in their own projects, and such designers also have collaborated with Emeco in their own furniture designs. 30. The Navy Chair is constructed by hand in Hanover, one at a time, through a
highly technical and precise manufacturing process consisting of 77 independent steps. The chairs are subjected to a proprietary thermal treatment, making them three times stronger than steel. Emeco has approximately 54 workers in Hanover that produce an output of about 1,000
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Navy Chairs per month. Each chair takes approximately two weeks to complete, is expected to last for 150 years, and comes with a lifetime guarantee. Emeco Navy Chairs also pass the most stringent American National Standards Institute (ANSI) and Business and Institutional Furniture Manufacturers Association (BIFMA) standards. 31. Emeco has an industry-wide reputation for exclusively manufacturing the Navy
Chair through this rigorous process. The unique Emeco manufacturing process and the Navy Chair product line have been featured by several media outlets, including CNN and John Ratzenbergers Made in America television show. Emeco has extensively advertised and marketed the Navy Chair and has sold over 1,000,000 of them, always associating Emeco as the source of the Navy Chair. 32. As part of a Joint Venture Partnership with the Coca-Cola company, Emeco also
constructs an identical version of the Navy Chair made out of recycled plastic Coca-Cola bottles (known as the 111 Navy Chair). The production of this chair is expected to keep three million plastic bottles out of landfills each year (since 2010, eight million bottles have been kept out of landfills). The 111 Navy Chair is available in various colors, including red, black, green, orange, and white. The 111 Navy Chair has won several awards, including the Good Design Award and the International Forum Product Design Award. 33. Below are images of the 1006 Navy Chair and the 111 Navy Chair. 111 Navy Chair
1006 Navy Chair
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34.
In addition, Emeco makes a number of other products as part of its Navy Chair
collection, including the Navy Armchair, the Navy Counter Stool, and the Navy Barstool. The Navy Armchair The Navy Counter Stool The Navy Barstool
35.
Emeco sells its Navy Chair collection directly to consumers, including through
its website, and through established retail furniture and design stores such as Design Within Reach. Emeco also sells its Navy Chair products to trade architects and designers, governments, contract dealers, international distributors, and for end use commercial applications. EMECOS NAVY CHAIR TRADE DRESS AND TRADEMARK RIGHTS 36. Emeco is the owner of the exclusive trade dress and trademark rights in the Navy
Chair collection. 37. Emeco is the owner of U.S. Federal Registration No. 2511360, which covers the
design of the Navy Chair. Under this registration, Emeco has the exclusive right to use the design of the Navy Chair in connection with its furniture and marketing materials. A copy of the certificate for this federal trade dress registration is attached hereto and incorporated herein as Exhibit 1. This trademark is incontestable. 38. Emeco also is the owner of U.S. Federal Registration Nos. 3016791 and 3912854,
which cover the trademarks THE NAVY CHAIR and 111 NAVY CHAIR ("NAVY
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CHAIR trademarks"). Under these registrations, Emeco has the exclusive right to use the NAVY CHAIR trademarks. Copies of the certificates for these federal trademark registrations are attached hereto and incorporated herein as Exhibit 2. THE NAVY CHAIR trademark is incontestable. 39. Emeco owns statutory and common law rights in the design and trade dress of the
entire Navy Chair product line, including the Navy Armchair, the Navy Counter Stool, and the Navy Barstool, as well as their associated Navy Chair trademarks. 40. The design elements of the Navy Chair collection together comprise a
distinctive and non-functional aesthetic. This includes, for example, the rounded bends at the top corners on the upper back of the seat, which also form the back legs; the rounded curves on the lower back of the seat; the overall concave curvature of the chair back (when viewed from the back); the number, space, and positioning of the three vertical bars connecting the upper and lower curves of the back of the seat; the unique, molded seat defined by concave curves meeting in the center of the seat to form a triangle butt dip; the pie-shaped cross section of the tapered front legs; the two curved horizontal bars running between the corresponding front and back chair legs in the chair and armchair versions, and for the stool versions, between the two front legs and two back legs; the positioning and angle of the curved horizontal bar(s) on the lower base of the seat; the outward bent of the back legs; the lack of fasteners, yielding a sculpture-like, one-piece design; and the distinct hand brushed finish with the contrasting direction where the leg meets the seat bottom. 41. Emecos use of the Navy Chair design and trademark has been substantially
continuous and exclusive. Emeco has attained strong name recognition in the Navy Chair design and mark, which have come to be associated with Emeco and which identify Emeco as
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the source of the Navy Chair collection. Emeco has spent significant sums marketing and promoting its products in connection with Navy Chair design and trademark, and considers them to be vitally important, valuable assets for the company. Emeco has vigorously and continuously enforced its Navy Chair trade dress and trademark rights against infringers and counterfeiters. 42. Emeco is so closely associated with the design of the Navy Chair that it uses the
outline of the chair as the companys official logo:
43.
Emeco has been granted U.S. Federal Registration No. 3191187, which covers the
outline of the Navy Chair featured in the above logo. This logo appears on all of Emecos marketing materials, advertisements, packaging, invoices, business cards, letter head, trade show stands, catalogues, and any other promotional materials. A copy of the certificate for this federal trademark registration is attached hereto and incorporated herein as Exhibit 3. This trademark is incontestable. 44. Emeco is the owner of U.S. Federal Registration Nos. 561,078 for the trademark
EMECO." Under this registration, Emeco has the exclusive right to use the EMECO trademark. A copy of the certificate for this federal trademark registration is attached hereto and incorporated herein as Exhibit 4. The EMECO trademark is incontestable. EMECOS DESIGN PATENTS, TRADE DRESS AND TRADEMARK RIGHTS IN THE KONG COLLECTION 45. Emeco is the exclusive owner of the design patents in the Kong collection.
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(1) U.S. Design Patent No. D494375 46. On August 17, 2004, United States Design Patent D494375 (the 375 patent)
issued for a design entitled Chair. A true and correct copy of the 375 Patent is attached hereto and incorporated herein as Exhibit 5. 47. The 375 Patent was assigned from Philippe Stark to Emeco by means of a written
assignment, which was filed with the U.S. Patent and Trademark Office. 48. The 375 Patent covers the following ornamental design of a chair.
49.
Emeco sells a number of commercial goods incorporating the patented design
protected by the 375 Patent under the trademark KONG. Emeco provides notice of the '375 Patent on its website and other marketing materials, price lists and literature. (2) U.S. Design Patent No. D496173 50. On September 24, 2004, United States Design Patent D496173 (the 173
Patent) issued for a design entitled Chair. A true and correct copy of the 173 Patent is attached hereto and incorporated herein as Exhibit 6. 51. The 173 Patent was assigned from Philippe Starck to Emeco by means of an
assignment, which was filed with the U.S. Patent and Trademark Office.
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52.
The 173 Patent covers the following ornamental design of a chair.
53.
Emeco sells a number of commercial goods incorporating the patented design
protected by the 173 Patent under the trademark KONG. Emeco provides notice of the '173 Patent on its website and other marketing materials, price lists and literature. 54. Emeco's use of the KONG trademark in connection with chairs has been
substantially continuous and exclusive in commerce since at least early as 2003, and the trade and consuming public widely recognizes the KONG trademark as designating Emeco as the source of services and/or goods. Emeco owns common law rights in the trademark KONG in connection with furniture and chairs. 55. The Kong design was the product of a collaboration with the preeminent
interior designer Phillippe Starck. As a result of extensive and exclusive use and promotion of the Kong product line trade dress configuration since at least as early as 2003, the trade and consuming public have come to recognize the trade dress of the chairs as designating a single source of origin such that the configuration has developed secondary meaning as an indicator that Emeco is the source of the goods. 56. Defendants' use of the KONG trademark and chair design, which is a copy of
Emeco's chair design, is likely to cause confusion that Defendants' chairs are made by, sponsored by or affiliated with Emeco.
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57.
Defendants had knowledge of the sales success of Emeco's Kong chairs and
acted with complete disregard of Emeco's rights in the chair's trade dress and trademark by copying Emeco's trade dress and promoting and selling chairs bearing a colorable imitation of Emeco's trade dress, thus unfairly competing with Emeco. DEFENDANTS' CONDUCT 58. Defendants are not currently, nor have they ever been, authorized dealers for
Emeco products. 59. Defendants are not, nor have they ever been, associated, affiliated or connected
with, endorsed or approved by Emeco. 60. Defendants advertise, distribute, sell and offer for sale their products, including
but not limited to the infringing Sailor, "Navy," "King", "Ghost," and "Casper" product lines, throughout the United States. Defendant Sugar Stores is in the business of selling furniture to consumers through its various retail website and fictitious trade names, while Defendant East End Imports is in the business of marketing furniture to the wholesale market. 61. Defendant East End Imports advertises and sells its wholesale products nationally
and in interstate commerce, including via the second-level internet domains located at <http://www.modwayfurniture.com/> and <http://www.eastendimports.com/>. 62. Upon information and belief, East End Imports presently owns and has owned at
all relevant times the wholesale websites located at the second level internet domains <http://www.modwayfurniture.com/> and <http://www.eastendimports.com/>, and is responsible for the content on those websites.
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63.
Hirsch is the website administrator and registrant for
<http://www.modwayfurniture.com/> and <http://www.eastendimports.com/> for and on behalf of East End Imports. 64. East End Imports regularly attends trade shows throughout the United States and
in New York and has recently issued, published and released a wholesale catalog called "Modway; Collection 2013."4 65. Since 2005, Defendant Sugar Stores has operated and operates a network of
online furniture retailing websites. According to Sugar Store's website it: "Start[ed] out with a single website in 2005, parent company Sugar Stores Inc. currently has nine stores under the SugarStores.com and expects to add an additional 50 by summer 2012. Two years ago, Sugar Stores occupied a 5,000 sq ft warehouse in Brooklyn, NY and recently moved into a 60,000 sq ft in Northern NJ. Sugar Stores currently drop ships for 30 manufacturers and expects to have 150 by the launch of our 50th store. We also import and brand our own modern furniture and outdoor furniture product lines." A true and correct copy of the webpage from www.sugarstores.com, accessed and downloaded on June 30, 2013, is attached hereto and incorporated herein as Exhibit 7. Upon information and belief, Sugar Stores still transacts business from the warehouse in Brooklyn, NY. 66. Defendant Sugar Stores advertises and sell its products nationally and in interstate
commerce, including via the Internet from retail websites located at the second level internet domains <http://www.sugarstores.com/>, <http://www.lexmod.com/>, <http://www.safeco.com/>,< http://www.bestarfurniturestore.com/>, <http://www.midcenturyfurniture.com/>, <ergohumanstore.com>, <http://www.shopseating.com/>, and <http://www.atlanticfurniturestore.com/>, among others.
As of June 20, 2013, a true and correct copy of East End Imports catalog was available for download at </www.modwayfurniture.com/>.
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67.
Upon information and belief, Sugar Stores presently owns and has owned at all
relevant times the retail websites located at the second level internet domains <http://www.sugarstores.com/>, <http://www.lexmod.com/>, <http://www.safeco.com/>,< http://www.bestarfurniturestore.com/>, <http://www.midcentury-furniture.com/>, <ergohumanstore.com>, <http://www.shopseating.com/>, and <http://www.atlanticfurniturestore.com/> and is responsible for the content on those websites. 68. Hirsch has been and remains listed as the website administrator and registrant for
at least the following internet domains <http://www.safeco.com/>, <http://www.bestarfurniturestore.com/>, <http://www.midcentury-furniture.com/>, and <http://www.atlanticfurniturestore.com/> for and on behalf of Sugar Stores. The registration information for the <sugarstores.com>, <shopseating.com> and <lexmod.com> domain is shielded by a WHOIS privacy service. 69. Upon information and belief, the Corporate Defendants' infringing and unlawful
conduct alleged herein was performed with the knowledge and consent of Individual Defendants Greisman, Hirsch, and Melamed. 70. Upon information and belief, Individual Defendants Greisman, Hirsch, and
Melamed exercised control over the Corporate Defendants with respect to the infringing and unlawful conduct described herein. 71. Upon information and belief, Individual Defendants Greisman, Hirsch, and
Melamed are involved in the day-to-day business operations of the Corporate Defendants, including the importation, distribution, offer for sale and sale of the infringing products.
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72.
In addition to the websites owned and operated by Defendants, as identified
above, Defendants have sold and continue to sell their products on various third-party retail websites such as, but not limited to www.sears.com, www.amazon.com and Ebay. 73. Upon information and belief, Defendants are located in this State and judicial
district and have transacted and continue to transact business in, and regularly have solicited and regularly continue to solicit business in this State and District. DEFENDANTS UNAUTHORIZED USE OF EMECOS NAVY CHAIR TRADE DRESS AND TRADEMARKS 74. Without any authorization from Emeco, Defendants have replicated the distinctive
trade dress of Emecos Navy Chair product line with a series of cheap counterfeits and have used the confusingly similar "Navy Chair" and Sailor Chair marks in describing these products. 75. Consumers are highly likely to confuse the source, association, affiliation,
endorsement or sponsorship of Defendants' "Navy Chair" and Sailor Chair products with the Emeco Navy Chair brand. Consumers who directly purchase the "Navy Chair" and Sailor Chair products from Defendants are likely to think they are the original Emeco Navy Chair products or otherwise associated or affiliated with them. Moreover, consumers who do not directly purchase the Sailor Chair or the Navy Chair and their affiliated product lines from Defendants but who see them in the world (offices, restaurants, homes, etc.) are highly likely to confuse them with Emecos Navy Chair. Defendants' products further dilute the highly distinctive and famous quality of the Navy Chair trade dress and mark, by both blurring and tarnishment.
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76.
Upon information and belief, in using Emecos trade dress and a confusingly
similar name to the NAVY CHAIR trademarks, Defendants have willfully and deliberately sought to profit from Emecos established goodwill and reputation. 77. Upon information and belief, Defendants' "Navy Chair" and Sailor Chair
products are imported from and manufactured in China and are not the result of the extensive and precise manufacturing process that ensures the high quality of the Navy Chair product line. 78. The "Navy Chair" and Sailor Chair products have been listed at retail at prices
that are substantially less than their authentic Navy Chair counterparts. For example, the Navy Chair sells at retail for approximately $450.00, while Defendants' Sailor Chair has been listed to sell for $199.00. The 111 Navy Chair sells at retail for approximately $270.00, while Defendants' Navy Chair has been listed to sell for $111.00. 79. The designs of the Defendants Sailor Chair side chair and "Navy Chair" side
chair versions are virtually identical to that of the Navy Chair products, as shown below. Emeco's Navy Chair Defendants' Sailor Chair 5
http://www.modwayfurniture.com/popup.aspx?src=/images/product/large/EEI-172-SLV_1_.jpg, accessed and downloaded on June 27, 2013
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Emeco's 111 Navy Chair
Defendants' Navy Chair6
80.
The designs of Defendants' Sailor counter stool and barstool products are
visually identical to their counterpart Navy Chair products, as shown below. Navy Counter Stool Defendants' Sailor Counter Stool7
Navy Barstool
Defendants' Sailor Barstool8
http://www.modwayfurniture.com/popup.aspx?src=/images/product/large/EEI-219-RED_1_.jpg, accessed and downloaded on June 27, 2013 7 http://www.modwayfurniture.com/popup.aspx?src=/images/product/large/EEI-173-SLV_1_.jpg, accessed and downloaded on June 27, 2013 8 http://www.modwayfurniture.com/popup.aspx?src=/images/product/large/EEI-174-SLV_1_.jpg, accessed and downloaded on June 27, 2013
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81.
A minor difference between the Sailor Chair products and the Navy Chair
products is that the latter have a curved horizontal bar on the lower base of the seat, whereas the Defendants' horizontal bar is straight. This minor difference is visually de minimus, not noticeable by the ordinary observer or purchaser, lowers the quality of the chair, and upon information and belief, is not done because Defendants seek to modify the Navy Chair design, but rather because the design is easier and cheaper to manufacture. Defendants' counterfeit molded "Navy Chair," offered in both red and white, is identical and has a slight curve to the cross bar on the back. 82. Defendant Sugar Stores has prominently marketed and advertised its infringing
chairs and stools with the Sailor Chair name on its websites, examples of which are shown below. 83. The LexMod website, accessed on June 21 and July 1, 2013, has offered and
continues to offer the "Sailor Chair" side chair (in both aluminum and red molded plastic), bar stool and counter stool for sale. A true and correct copy of example web pages, accessed and downloaded on June 21 and July 1, 2013, are attached hereto as Exhibit 8. 84. The Sugar Store website, accessed on June 21, 2013, has offered and continues to
offer the "Sailor Chair" side chair (in both aluminum and red molded plastic), bar stool and counter stool for sale. A true and correct copy of example web pages, accessed and downloaded on June 21, 2013, are attached hereto as Exhibit 9. 85. The Shop Seating website, accessed on June 25, 2013, has offered and continues
to offer the "Sailor Chair" side chair for sale. A true and correct copy of example web pages, accessed and downloaded on June 25, 2013, are attached hereto as Exhibit 10.
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86.
The Safco website, accessed on June 21, 2013, has offered and continues to offer
the "Sailor Chair" side chair for sale. A true and correct copy of example web pages, accessed and downloaded on June 21, 2013, are attached hereto as Exhibit 11. 87. The MidCentury Furniture Store website, accessed on June 21, 2013 and again on
June 24, 2013, has offered and continues to offer the "Sailor Chair" side chair, bar stool and counter stool for sale. A true and correct copy of example webpages, accessed and downloaded on June 21 and 24, 2013, are attached hereto as Exhibit 12. 88. The Bestar Furniture website, accessed on June 25, 2013, has offered and
continues to offer the "Sailor Chair" side chair for sale. A true and correct copy of example web pages, accessed and downloaded on June 25, 2013, are attached hereto as Exhibit 13. 89. The Atlantic Furniture Store website, accessed on June 21, 2013, has offered and
continues to offer the "Sailor Chair" side chair for sale. A true and correct copy of example web pages, accessed and downloaded on June 21, 2013, are attached hereto as Exhibit 14. 90. The Ergo Human Store website, accessed on June 25, 2013, has offered and
continues to offer the "Sailor Chair" side chair for sale. A true and correct copy of example web pages, accessed and downloaded on June 25, 2013, are attached hereto as Exhibit 15. 91. The Outdoor Sectional Sets website, accessed on June 26, 2013, has offered and
continues to offer the "Sailor Chair" side chair for sale. A true and correct copy of example web pages, accessed and downloaded on June 26, 2013, are attached hereto as Exhibit 16. 92. In addition to the consumer retail market, Defendants promote sales of their
products in the wholesale market to distributors.
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93.
Defendant East End Imports prominently markets and advertises its chairs and
stools with the Sailor Chair and "Navy Chair" name in its Modway wholesale print catalog and on its Modway wholesale website. 94. The Modway website, has offered and continues to offer the "Sailor Chair" side
chair, bar stool and counter stool for sale. A true and correct copy of example webpages, accessed and downloaded on June 24, 2013, are attached hereto as Exhibit 17. 95. The Modway website, has offered and continues to offer a "Navy Chair" side
chair for sale. A true and correct copy of example web pages, accessed and downloaded on June 27, 2013, are attached hereto as Exhibit 18. 96. Below is an image of the Modway website using Emeco's registered trademark
and image in the Navy Chair, together with the registered name and trademark NAVY CHAIR.
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97.
The Modway 2013 catalog markets and offers for sale the "Sailor Chair" side
chair (in aluminum and red molded plastic), bar stool and counter stool for sale. A true and correct copy of relevant pages from the Modway 2013 catalog are attached hereto and incorporated herein as Exhibit 19. 98. Defendants also have sold and continue to sell the infringing "Navy Chair" and
"Sailor Chair" products on various third-party retail websites such as, but not limited to www.sears.com, www.amazon.com and Ebay. A true and correct copy of examples of these third party websites, accessed and downloaded on June 29, 2013, are attached hereto as Exhibit 20. DEFENDANTS UNAUTHORIZED USE OF EMECOS PATENTED DESIGNS AND TRADE DRESS IN THE KONG CHAIR 99. On information and belief, Defendants manufacture, import, distribute, offer for
sale and sell a chair under the designation Casper," "Ghost" or "King" that is an unauthorized knock-off, counterfeit version of Emeco's Kong chair, the ornamental design of which is covered by design patents. 100. Defendants offer several different versions of these chairs on their websites and
use the names "Casper", "Ghost" and "King" interchangeably,. Regardless of the designation, the designs of Defendants' Casper, "Ghost" and/or "King" side chair and armchair versions are virtually identical to those of Emecos Kong products, examples of which are shown below.
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Emecos Kong Chair
Defendant Modway's Casper Chair9
Emecos Kong Arm Chair
Defendant LexMod's Ghost" Arm Chair10
Emecos Kong Arm Chair
Defendants' King" Arm Chair11
http://www.modwayfurniture.com/popup.aspx?src=/images/product/large/EEI-781-SLV_1_.jpg, accessed and downloaded on June 27, 2013. 10 http://www.lexmod.com/popup.aspx?src=/images/product/large/eei-657-slv_1_.jpg, accessed and downloaded on June 30, 2013. 11 http://www.modwayfurniture.com/popup.aspx?src=/images/product/large/EEI-545-SLV_1_.jpg, accessed and downloaded on June 27, 2013.
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101.
As seen above, a minor difference that sometimes occurs between Defendants'
infringing products and the patented designs of Emeco's Kong chair is that the latter have no bar on their lower base, whereas Defendants' infringing chairs have support bars. On information and belief, this difference is because Defendants had to include the bars for support and to save costs in the manufacturing process. The difference is visually de minimus, not noticeable by the ordinary observer or purchaser, and makes the chair of lesser quality. 102. The Casper and/or "King" chairs and stools are prominently marketed and
advertised in the Modway wholesale print catalog and on the Modway wholesale website. 103. The Modway website, accessed on June 24, 2013 and June 25, 2013, has offered
and continues to offer the "Casper" side chair for sale. A true and correct copy of example web pages, accessed and downloaded on June 24 and 25, 2013, are attached hereto as Exhibit 21. 104. The Modway wholesale website, accessed on June 27, 2013, has offered and
continues to offer a "King Chair" side chair, bar stool and counter chair for sale. A true and correct copy of example web pages, accessed and downloaded on June 27, 2013, are attached hereto as Exhibit 22. 105. The Modway 2013 catalog markets and offers for sale the "Casper" and "King"
chairs. See Exhibit 19. 106. The LexMod retail website, accessed on June 27, 2013, has offered and continues
to offer a "Ghost" side chair, bar stool and counter chair for sale. A true and correct copy of example web pages, accessed and downloaded on June 27, 2013, are attached hereto as Exhibit 23. 107. Other stores owned and/or controlled by one or more Defendants also have
offered and continue to offer the "Ghost" side chair, bar stool and counter chair for sale. A true
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and correct copy of example web pages, accessed and downloaded on June 28, 2013, are attached hereto as Exhibit 24. 108. On information and belief, in connection with the sale of these infringing
products, Defendants deliberately and willfully have purchased and are using in commerce the Google Adwords "Emeco" and "Kong" to direct potential customers to their online stores and attract customers to purchase their infringing chairs. A true and correct copy of an example of one such Google Banner Ads, downloaded on June 27, 2013, is attached hereto as Exhibit 25. 109. In connection with the marketing and offer for sale of its infringing products, The
LexMod website acknowledges: "These [sic] Aluminum Ghost Counter Stool is an exquisite reproduction of the Kong Chairs that were designed by Philippe Starck" and "This item is a high quality reproduction of the original." See Exhibit 23. 110. Upon information and belief, Defendants' Casper", "King" or "Ghost" chair
products are imported from and manufactured in China and are not the result of a manufacturing process that ensures the high quality of the Kong product line. 111. Defendants' Casper", "King" or "Ghost" products have been listed at retail at
prices that are substantially less than their authentic Kong Chair counterparts. For example, the Kong Chair sells at retail for approximately $1500-2900.00, while Defendants' unauthorized copies have been listed to sell for $195-299.00. 112. Without any authorization from Emeco, Defendants have replicated the distinctive
trade dress of Emecos Kong chair product line with a series of cheap counterfeits and have used the confusingly similar "Kong" trademark in describing these products. Upon information and belief, Defendants have willfully and deliberately sought to profit from Emecos established goodwill and reputation.
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113.
Consumers are highly likely to confuse the source, association, affiliation,
endorsement or sponsorship of Defendants' "Casper, "King" or "Ghost" products with the Emeco Kong chair. Consumers who directly purchase the "Casper, "King" or "Ghost" products from Defendants are likely to think they are the original Emeco Kong chair products or otherwise associated or affiliated with them. Moreover, consumers who do not directly purchase the "Casper, "King" or "Ghost" chairs and their affiliated product lines from Defendants but who see them in the world (offices, restaurants, homes, etc.) are highly likely to confuse them with Emecos Kong chair. EMECO SENT DEFENDANT SUGAR STORES, INC. D/B/A LEXMOD CEASE AND DESIST NOTICES 114. On December 11, 2012, Emeco, through its counsel, sent Defendant Sugar Stores
d/b/a LexMod a cease and desist letter advising the Defendant of Emecos intellectual property rights in and to Emecos chair designs and demanding that Defendant Sugar Stores immediately cease manufacturing, promoting, distributing, reproducing, displaying, offering for sale and/or selling its "Sailor" Chair. Federal Express receipts confirmed that Defendant Sugar Stores received this letter. A true and correct copy of the letter sent on December 11, 2012, addressed to Menachem Greisman, President, is attached hereto as Exhibit 26. At that time, Emeco was unaware of East End Import's infringing conduct or the extent of Sugar Stores infringing conduct. 115. Defendant Sugar Stores did not respond but, at least initially, removed the
LexMod Sailor Modern Cafe Side Chair, Sailor Modern Cafe Bar Stool and Sailor Modern Cafe Counter Stool from the LexMod website. The infringing chairs still remained on various third party websites.
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116.
Emeco sent a second letter on January 4, 2013, confirming that the infringing
products had been removed from the LexMod website but still remained on various third party websites. Defendant Sugar Stores did not respond. A true and correct copy of the letter sent on January 4, 2013, addressed to Menachem Greisman, President, is attached hereto as Exhibit 27. 117. Although Defendant Sugar Stores initially appeared to have removed the
infringing products from its website in December 2012, at some point between February 2013 and June 2013 Defendant Sugar Stores began offering for sale and selling the infringing products once again on the LexMod website and, despite being put on notice of Emeco's intellectual property rights, Defendants escalated their infringing use on their websites, in Modway's print catalog and at trade shows throughout the US. DEFENDANTS' CONDUCT IS WILLFUL AND PART OF A HISTORY OF USING OTHERS DESIGNS AND TRADEMARKS
118.
Emeco believes and therefore alleges that the identical nature of Defendants'
product lines is not mere coincidence, but is the result of willful, intentional conduct that is part of Defendants' established business practice of misappropriating others designs and trademarks for financial gain. 119. On information and belief, Defendants' infringing Sailor Chair, "Navy Chair",
"Casper Chair", "King Chair" and "Ghost Chair" product lines are the result of Defendants' efforts to grow revenue rapidly without significant investment in the design and development of its own products. In fact, Defendants acknowledge that the "Ghost" is a replica of Emeco's Kong design.
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120.
By contrast, it takes Emeco approximately 2 to 4 years to design, prototype,
R&D, engineer, market, and launch a new, original product, and there is no guarantee the product will sell. On information and belief, Defendants have skipped all of these steps and misappropriated the designs of the Navy Chair and Kong chairs which already have proven market success, and which Defendants sell at a significantly discounted price. 121. The copying and use of Emeco's own photographic images from its website
substantiate the willfulness of one or more Defendants' present conduct. Defendant Modway is using a duplicate of Emeco's Navy 111 Chair on its website as illustrated below. Additional examples are shown in Exhibit 18. Image From Modway Website 111 Navy Chair Photo from Emeco's Website
122.
Defendant Sugar Stores and related parties failure to respond to Emeco's first set
of letters giving notice of Emeco's trade dress and trademark rights in the Navy Chair, followed by removing the chairs for a short period of time, putting them back up on the websites at a later date, and escalating said use on various websites and in Modway's print catalog, also substantiate the willfulness of Defendants' infringing activities and blatant disregard of Emeco's intellectual property rights.
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123.
Prior claims and lawsuits against one or more Defendants further substantiate the
willfulness of Defendants present conduct. 124. For example, in 2012, Lexington Furniture commenced an action against Sugar
Stores regarding its adoption of the name "Lexington Modern," alleging trademark infringement, dilution, and unfair competition (NJ District Court, Civil Action 2:12-cv-03133-FSH-PS)). 125. In 2010, Blumenthal Distributing, Inc. dba Office Star Products commenced an
action against Executive Seating, Inc., dba Shop Seating of Brooklyn (now Sugar Stores) for patent infringement, trade dress infringement and unfair competition (EDNY, Civil Action 10cv-1280) in connection with Shop Seating's sale of an office chair that infringed one of Blumenthal's design patents. 126. In 2009, Knoll, Inc. commenced an action against Executive Seating, Inc., dba
Shop Seating.com (now Sugar Stores) and Tuvia Greisman, individually, for trade dress and trademark infringement, and unfair competition in connection with Shop Seating's sale of several pieces of Knoll's famous furniture. (EDNY, Civil Action 09-cv-04408). 127. On information and belief, Defendants have replicated other iconic designs from
European designers as part of their practice of exploiting the proven success of existing designs. Examples include: Defendants' Erne Chair Arne Jacobsens Series 7
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Defendants' Glove Chair
Arne Jacobsens The Egg
Defendants Philippe Stark Ghost Chair
Authentic Philippe Stark Ghost Chair
ACTIVE PARTICIPATION IN AND CONTROL OF DEFENDANTS' UNLAWFUL ACTIVITIES BY INDIVIDUAL DEFENDANTS 128. Upon information and belief, Defendants Greisman, Hirsch and Melamed are
principals of the Corporate Defendants, and share primary responsibility for the operation and management of the Corporate Defendants. 129. Upon information and belief, East End Imports and Sugar Stores are closely held,
intermingled corporate entities; they share the same office and warehouse space; there is a high interdependency of operations and commonality between management, directors and officers of these Corporate Defendants; there is a consolidation of financial, strategic, legal and human resource operations between the Corporate Defendants, and at all relevant times, the Individual
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Defendants have used and continue to use the Corporate Defendants and their associated fictitious trade names and the assets of these entities for their own purposes. 130. In a recent case in this District, Tuvya (Tuvia) Greisman admitted that Executive
Chair (now Sugar Stores) is the retail leg while East End Imports is the wholesale leg. See EDNY, Civil Action Case 1:10-cv-01280-MKB-SMG, Docket. 10-2. 131. Defendant Greisman is President and Secretary, and co-owner of Sugar Stores,
and co-owner and a registered agent for East End Imports, d/b/a Modway Furniture. Upon information and belief, he plays a core, central role in the Corporate Defendants' infringing and unlawful activities and has directed, controlled, ratified, and participated in the Corporate Defendants' infringing and unlawful activity. Upon information and belief, he is a substantial equity owner in the Corporate Defendants, and will continue to profit substantially from such infringing and unlawful activity. 132. Upon information and belief, Greisman has been and is a primary actor in the
activities of Defendants that give rise to Emecos claims; he has had knowledge of, consented to, and exercised dominion and control over Defendants' unlawful and infringing activities. 133. Upon information and belief, Mr. Greisman attended the NeoCon tradeshow in
June 10-12, 2013 in Chicago on behalf of East End Imports d/b/a Modway. Modway was an Exhibitor at the Show, Showroom Number 8-2050. Upon information and belief, Greisman was handing out copies of the Modway 2013 catalog, which contains the Sailor, Casper and Ghost infringing products. See Exhibit 19. When approached and asked how Modway is able to keep from being sued for infringement, Greisman responded "We keep a low profile." 134. In December 2012 and again in January 2013, Emeco sent notices of infringement
directly to Greisman. Upon information and belief, Greisman received the notices of
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infringement but deliberately did not respond. Upon further information and belief, Greisman had knowledge of, consented to, directed, controlled, ratified or otherwise participated in the intentional act of initially removing the infringing Sailor chairs from the Lexmod.com website and then putting the infringing Sailor chairs back on the LexMod.com website, the other Sugar Store websites and in the Modway catalog despite being put on notice that the chairs infringed on Emeco's intellectual property. 135. Defendant Hirsch is Vice President, Treasurer and co-owner of Defendant Sugar
Stores, and co-owner and President of East End Imports, d/b/a Modway Furniture. On information and belief, he plays a core, central role in the Corporate Defendants' infringing and unlawful activities and has directed, controlled, ratified, and participated in the Corporate Defendants' infringing and unlawful activity. Upon information and belief, he is a substantial equity owner in the Corporate Defendants, and will continue to profit substantially from such infringing and unlawful activity. 136. Upon information and belief, Hirsch has been and is a primary actor in the
activities of Defendants that give rise to Emecos claims; he has had knowledge of, consented to, and exercised dominion and control over Defendants' unlawful and infringing activities. 137. Upon information and belief, as administrator and registrant for the Corporate
Defendants' online store fronts, Defendant Hirsch had knowledge of, consented to, directed, controlled, ratified or otherwise participated in the removal of the infringing "Sailor" chairs from the LexMod.com website after receiving Emeco's notification of infringement in December 2012, and then had knowledge of, consented to, directed, controlled, ratified or otherwise participated in the intentional act of putting the infringing chairs back on the LexMod. com and
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other Sugar Store websites despite being put on notice that the chairs infringed on Emeco's intellectual property. 138. Upon information and belief, Defendant Melamed is COO of Modway Furniture,
CEO of Sugar Stores and co-founder and/or owner of both Corporate Defendants. Upon information and belief, he plays a core, central role in the Corporate Defendants' infringing and unlawful activities and has directed, controlled, ratified, and participated in the Corporate Defendants' infringing and unlawful activity. Upon information and belief, he is a substantial equity owner in the Corporate Defendants, and will continue to profit substantially from such infringing and unlawful activity. 139. On information and belief, Melamed has been and is a primary actor in the
activities of Defendants that give rise to Emecos claims; he has had knowledge of, consented to, and exercised dominion and control over Defendants' unlawful and infringing activities. 140. Upon information and belief, Defendants Greisman, Hirsch and Melamed have
the right and ability to supervise the activities of the Corporate Defendants. 141. In a recent case in this District, counsel for Defendants Executive Chair (now
Sugar Stores) and East End Imports unapologetically proclaimed during oral argument that Executive Chair/East End Imports proudly copied the product design of the plaintiffs chairs, explaining: "Actually, that is something my client is proud of. There's nothing wrong with that. Knocking off products is a ---its a capitalist tradition" ... and "Product design, you know, in the capitalist system, the more competition the better. And if somebody makes a nice design, as long as its not patented, as long as there's nothing --- there's nothing stopping someone from cloning that design and knocking it off." See EDNY, Civil Action Case 1:10-cv-01280-MKB-SMG, Docket. 120, pp. 75, 79 (Oct. 24, 2012).
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142.
Upon information and belief, Defendants Greisman, Hirsch and Melamed profit
from the Defendants' business activities including the sale of the products that infringe Emeco's intellectual property asserted herein. 143. Upon information and belief, at all relevant times, the Individual Defendants
exercise complete dominion and control over the Corporate Defendants. DEFENDANTS' CONDUCT CAUSES IMMEDIATE AND IRREPARABLE HARM TO EMECO 144. The significant harm caused by Defendants' conduct is both immediate and
irreparable to Emeco. 145. Defendants' conduct has caused, and will continue to cause, irreparable injury by
hurting the goodwill and reputation established by Emecos iconic furniture pieces and the NAVY CHAIR and KONG names. The Navy Chair and Kong designs and names are at the core of the Emeco brand; they are equivalent to Nikes Swoosh or the Mercedes Benz logo. Defendants' cheap counterfeits will irreparably harm Emecos reputation and significant goodwill in the marketplace. 146. Defendants' conduct further threatens to legitimize the infringement of Emecos
exclusive rights, inspiring third-parties to make similar infringing products. 147. An injunction also would serve to prevent Defendants from continuing to infringe
Emecos Navy Chair and Kong trade dress, trademarks, and the 173 and '375 Patents, and would resolve the ongoing and future public confusion regarding Emecos Navy Chair trade dress and Emeco's trademarks. 148. Upon information and belief, the Individual Defendants, in willful and deliberate
disregard of Emeco's intellectual property rights, knowingly directed, controlled, ratified, and participated in removing the infringing products from the LexMod website in December 2012 -
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February 2013 after being put on notice of Emeco's trade dress and trademark rights, with the willful, deliberate and malicious intent to put them back up again on Defendants' websites and the Modway print catalog, and continue to offer them for sale. Upon information and belief, the Individual Defendants will continue to engage in this type of business practice if not personally enjoined. 149. Upon information and belief, and as evidenced by Sugar Stores representation to
the public that it intends to launch "at least 50 online stores," the Defendants will continue to engage in unlawful, infringing activity harmful to Emeco by offering for sale, marketing, distributing and selling the infringing products on newly created websites or through newly created corporate entities or fictitious trade names if the Individual Defendants are not personally enjoined. FIRST CAUSE OF ACTION (TRADE DRESS COUNTERFEITING AND INFRINGEMENT, 15 U.S.C. 1114(1), 1125(a)) 150. Emeco incorporates by reference the allegations of paragraphs 1 - 149 above as if
fully set forth herein. 151. Emeco has exclusively manufactured, advertised, and sold the highly distinctive
and famous Navy Chair product line. The highly distinctive and famous Navy Chair product line has a quality exclusively controlled by Emeco. 152. The United States Patent and Trademark Office issued Federal Registration No.
2511360, which covers the design of the Navy Chair. Under this registration, Emeco has the exclusive right to use the design of the Navy Chair in connection with its furniture and marketing materials. Emeco also has common law rights in the design of its Navy Chair products.
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153.
The protected trade dress of the Navy Chair product line is distinctive, unique,
and non-functional. 154. Emeco has expended much effort in the form of advertising, promotion, and sales
to promote the trade dress configuration of the Navy Chair product line as distinctive of Emecos goods in commerce. 155. As a result of such extensive and exclusive use and promotion of the Navy
Chair product line trade dress configuration, the configuration has developed secondary meaning as an indicator that Emeco is the source of the goods. 156. 157. Emecos trademarked design represents valuable goodwill owned by Emeco. Upon information and belief, Defendants have knowingly and willfully used in
interstate commerce counterfeits that are identical with, or substantially indistinguishable from, Emecos Navy Chair trade dress configuration in connection with the sale, offering for sale, distribution, and advertising of goods and/or services. 158. Defendants' said use is likely to cause confusion, mistake, or deception as to the
source of origin, sponsorship, or approval of their products, in that purchasers or others are likely to believe Defendants' products are Emecos products or the products of a company legitimately affiliated or connected with, approved by, or related to Emeco. 159. Defendants' said use enables them to deceptively advertise, merchandise, market,
display, and promote that their products emanate from Emeco or from a concern legitimately connected with or approved by Emeco, and to substitute and pass off their products as Emecos products. It also enables purchasers of Defendants' products to represent and display that such products emanate from Emeco or from a concern legitimately connected with or approved by Emeco.
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160.
Defendants' said knowing and willful use has imitated, counterfeited, and
infringed Emecos trade dress configuration in interstate commerce in violation of Section 32(1) of the Lanham Act, 15 U.S.C. 1114(1). 161. Defendants' aforesaid acts also constitute false designation of association,
affiliation, connection, endorsement, and/or approval under 15 U.S.C. 1125(a). 162. Upon information and belief, Defendants have engaged in such conduct willfully,
deliberately, and in conscious disregard of Emecos rights, making this an exceptional case within the meaning of 15 U.S.C. 1117. 163. By reason of the foregoing, Emeco has been injured in an amount not yet
ascertained and is entitled to the remedies provided for in 15 U.S.C. 1116 et seq. 164. Defendants' conduct described herein has caused, and if not enjoined will
continue to cause, irreparable damage to Emecos rights in its trade dress and to the business, positive reputation, and goodwill of Emeco, which cannot be adequately compensated solely by monetary damages. Emeco therefore has no adequate remedy at law and seeks preliminary and permanent injunctive relief pursuant to 15 U.S.C. 1116 et seq. SECOND CAUSE OF ACTION (TRADEMARK INFRINGEMENT, 15 U.S.C. 1114(1), 1125(a)) 165. Emeco incorporates by reference the allegations of paragraphs 1-164 above as if
fully set forth herein. 166. The United States Patent and Trademark Office issued Federal Registration Nos.
3016791 and 3912854, which cover the marks THE NAVY CHAIR and 111 NAVY CHAIR (the NAVY CHAIR trademarks). Under these registrations, Emeco has the exclusive right to
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use the NAVY CHAIR trademarks in connection with its furniture. Emeco also has common law rights in these trademarks in connection with its furniture. 167. The United States Patent and Trademark Office issued Federal Registration issued
U.S. Federal Registration No. 3191187, for the EMECO logo with the outline of the Chair and U.S. Federal Registration Nos. 561,078 for the EMECO name (the EMECO trademarks). Under these registrations, Emeco has the exclusive right to use the EMECO trademarks in connection with its furniture. Emeco also has common law rights in these trademarks in connection with its furniture. 168. Emeco has used the distinctive and famous NAVY CHAIR trademarks and
EMECO trademarks continuously in connection with its furniture. 169. Emeco has exerted significant effort in the form of advertising, promotion, and
sales to promote the NAVY CHAIR trademarks and EMECO trademarks as names distinctive of Emecos goods in commerce. 170. As a result of such extensive and exclusive use and promotion of the NAVY
CHAIR trademarks and EMECO trademarks, the marks have developed secondary meaning as an indicator that Emeco is the source of goods identified by the NAVY CHAIR trademarks and EMECO trademarks. 171. Emecos NAVY CHAIR trademarks and EMECO trademarks represent
valuable goodwill owned by Emeco. 172. Upon information and belief, Defendants have knowingly and willfully used in
interstate commerce the Navy Chair mark, "Emeco" mark and other confusingly similar marks in connection with the sale, offering for sale, distribution, and advertising of goods and/or services.
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173.
Upon information and belief, Defendants have knowingly and willfully infringed
Emeco's trademarks by bidding on, purchasing and using keywords, including Emeco's trademarks, in Google's Adword program, Yahoo's keyword advertising program, Amazon's Product Ads and Sponsored Products program, and others with the intent to direct potential customers to their online stores and attract customers to purchase their infringing chairs and complete disregard of Emeco's trademark rights. 174. Defendants' said use is likely to cause confusion, mistake, or deception as to the
source of origin, sponsorship, or approval of Defendants' products, in that purchasers or others are likely to believe Defendants' products are Emecos products or the products of a company legitimately connected with, approved by, or related to Emeco. 175. Defendants' use enables them to represent and deceptively advertise, merchandise,
market, display, and promote that Defendants' products emanate from Emeco or from a concern legitimately connected with or approved by Emeco, and to substitute and pass off Defendants' products as Emecos products. It also enables purchasers of Defendants' products to represent and display that such products emanate from Emeco or from a concern legitimately connected with or approved by Emeco. 176. Defendants' said knowing and willful use has reproduced, copied, colorably
imitated, and infringed Emecos NAVY CHAIR trademarks and EMECO trademarks in interstate commerce in violation of 15 U.S.C. 1114(1). 177. Defendants' aforesaid acts constitute trademark infringement in violation of 15
U.S.C. 1125(a).
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178.
Upon information and belief, Defendants have engaged in such unlawful conduct
willfully, deliberately, and in conscious disregard of Emecos rights, making this an exceptional case within the meaning of 15 U.S.C. 1117. 179. By reason of the foregoing, Emeco has been injured in an amount not yet
ascertained and is entitled to the remedies provided for in 15 U.S.C. 1116 et seq. 180. Defendants' conduct described herein has caused, and if not enjoined will
continue to cause, irreparable damage to Emecos rights in its marks and to the business, positive reputation and goodwill of Emeco, which cannot be adequately compensated solely by monetary damages. Emeco therefore has no adequate remedy at law and seeks preliminary and permanent injunctive relief pursuant to 15 U.S.C. 1116 et seq. THIRD CAUSE OF ACTION (FEDERAL DILUTION, 15 U.S.C. 1125(c)) 181. Emeco incorporates by reference the allegations of paragraphs 1-180 above as if
fully set forth herein. 182. Emecos Navy Chair trade dress and trademarks are famous and distinctive and
became famous and distinctive before any of the unlawful conduct of Defendants complained of herein. 183. Defendants' aforesaid acts constitute trademark uses in commerce that are likely
to dilute the distinctive quality of the Navy Chair trade dress and trademarks, by both blurring and tarnishment, in violation of Section 43(c) of the Lanham Act, 15 U.S.C. 1125(c). 184. Upon information and belief, Defendants have engaged in such conduct willfully,
deliberately, and in conscious disregard of Emecos rights, making this an exceptional case within the meaning of 15 U.S.C. 1117.
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185.
Defendants' conduct described herein has caused, and if not enjoined will
continue to cause, irreparable damage to Emecos rights in its marks and to the business, positive reputation and goodwill of Emeco, which cannot be adequately compensated solely by monetary damages. Emeco therefore has no adequate remedy at law and seeks preliminary and permanent injunctive relief pursuant to 15 U.S.C. 1116. FOURTH CAUSE OF ACTION FALSE ADVERTISING UNDER THE LANHAM ACT 43, 15 U.S.C. 1125(A) 186. Emeco incorporates by reference the allegations of paragraphs 1-185 above as if
fully set forth herein. 187. Defendants' said references about the origin of its copies are false designations of
origin, false or misleading descriptions of fact, or false or misleading representations of fact in commercial advertising or promotion which misrepresent the nature, characteristics, qualities or geographic origin of Defendants goods, services or commercial activities causing injury to the sales, business reputation and/or goodwill of Emeco in violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). 188. Upon information and belief, Defendants also have deliberately and misleading
copied and used images of Emeco's Navy Chair to market, advertise, offer for sale and sell its infringing products. 189. Upon information and belief, Defendants advertising and solicitations contain
intentional and willful false or misleading descriptions or representations of fact regarding its counterfeit, knock-off Emeco chairs. Defendants advertising contains at least one false or misleading description or representation of fact in that it uses one or more of Emeco's photographic images of genuine Emeco chairs to sell and offer for sale Emeco chairs, when the products that customers receive are not Emeco products, as falsely represented by Defendants'
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advertising and marketing materials, but rather are lower-quality, cheaper versions of Emeco's products that are manufactured, imported, distributed and sold by Defendants. 190. Upon information and belief, Defendants use of Emeco's photographic images of
genuine Emeco products misrepresents the physical nature, characteristics, and/or qualities of the infringing products Defendants are offering for sale and selling. 191. Upon information and belief, Defendants use of Emeco's photographic images of
genuine Emeco products misrepresents the physical nature, characteristics, and/or qualities of the ultimate good that is received by the customer. 192. Defendants said activities constitute the use in commerce of any word, term,
name, symbol or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, false or misleading representation of fact in connection with goods or services, which in commercial advertising promotes or misrepresents the nature, characteristics, qualities or geographic origin of its or another persons goods, services or commercial activities, in violation of Section 43 (a) of the Lanham Act 15 U.S.C. 1125(a). 193. Upon information and belief, Defendants have engaged and continue to engage in
a willful and knowledgeable practice of false advertising with willful and intentional disregard for the truth. Based upon the above intentional wrongful acts of Defendants, Emeco has incurred monetary damages in an amount presently unknown. 194. The said intentional, willful, and wrongful acts of Defendants make this an
exceptional case entitling Emeco to recover treble damages, costs and reasonable attorneys fees pursuant to 15 U.S.C. 1117(a) and (b). 195. Emeco has no adequate remedy at law in the event that monetary damages cannot
be properly calculated.
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196.
Defendants said intentional and willful activities have caused and will continue
to cause further irreparable injury to Emeco and unless such activities are restrained by this court they will be continued and continue to cause great irreparable injury to Emeco. 197. advertising. FIFTH CAUSE OF ACTION INFRINGEMENT OF U.S. DESIGN PATENT NO. 494375 198. Emeco incorporates by reference the allegations of paragraphs 1-197 above as if Emeco is entitled to injunctive relief to prevent Defendants continued false
fully set forth herein. 199. On August 17, 2004, United States Design Patent D494375 (the 375 patent)
was duly and lawfully issued to Emeco as the assignee of the inventor named therein, for the inventive ornamental design of a chair. See Exhibit 5. 200. Emeco is the owner of the entire right, title and interest in and to the 375 Patent
and has the right to bring actions for infringement of the 375 Patent and to recover damages therefore. 201. Defendants have infringed, and are presently infringing, the 375 Patent by at
least manufacturing, importing, offering for sale and/or selling chairs, such as the examples shown in Exs. 21-24, covered by the claim of the '375 Patent and that are substantially similar to the ornamental design protected by the 375 Patent in the United States, and specifically within this District. 202. As a result of Defendants' said acts, Emeco has been damaged and will continue
to be damaged. 203. Upon information and belief, Defendants' infringement of the 375 Patent is
knowing, deliberate and willful.
21149090.1
45
204.
Emeco has suffered monetary damages as a result of Defendants' willful
infringement of the 375 Patent in an amount that is unknown and cannot at the present time ascertained, but will proven at trial. 205. Unless enjoined by this court, Defendants will continue to infringe Emeco's patent
rights causing irreparable injury. Defendants' infringement of the 375 Patent entitles Emeco to the issuance of injunctive relief as more fully described in the prayer for relief. SIXTH CAUSE OF ACTION INFRINGEMENT OF U.S. DESIGN PATENT NO. 496173 206. Emeco incorporates by reference the allegations of paragraphs 1-205 above as if
fully set forth herein. 207. On September 24, 2004, United States Design Patent D496173 (the 173
Patent) was duly and lawfully issued to Emeco as the assignee of the inventor named therein, for the inventive ornamental design of a chair. See Exhibit 6. 208. Emeco is the owner of the entire right, title and interest in and to the 173 patent
and has the right to bring actions for infringement of the 173 patent and to recover damages therefore. 209. Defendants have infringed, and are presently infringing, the 173 Patent by at
least manufacturing, importing, offering for sale and/or selling chairs, such as those shown in Exs. 21-24, covered by the claim of the '173 Patent and that are substantially similar to the ornamental design protected by the 173 Patent in the United States, and specifically within this District. 210. damaged. 211. Defendants' infringement of the 173 Patent is knowing, deliberate and willful. As a result of Defendants' acts, Emeco has been damaged and will continue to be
21149090.1
46
212.
Emeco has suffered monetary damages as a result of Defendants' willful
infringement of the 173 Patent in an amount that is unknown and cannot at the present time ascertained, but will proven at trial. 213. Unless enjoined by this court, Defendants will continue to infringe Emeco's patent
rights causing irreparable injury. Defendants' infringement of the 173 Patent entitles Emeco to the issuance of injunctive relief as more fully described in the prayer for relief. SEVENTH CAUSE OF ACTION (COMMON LAW TRADE DRESS INFRINGEMENT) 214. Emeco incorporates by reference the allegations of paragraphs 1-213 above as if
fully set forth herein. 215. The general consuming public of New York widely recognizes the Navy Chair
and Kong chair trade dress configurations as designating Emeco as the source of services and/or goods. Emeco has common law trade dress rights in the Navy Chair and Kong chair trade dress configurations under New York law. 216. Upon information and belief, Defendants have knowingly and willfully used in
New York counterfeits that are identical with, or substantially indistinguishable from, Emecos Navy Chair and Kong Chair product trade dress configuration in connection with the sale, offering for sale, distribution, and advertising of goods and/or services. 217. Defendants' said use is likely to cause confusion, mistake, or deception as to the
source of origin, sponsorship, or approval of its products, in that purchasers or others are likely to believe Defendants' products are Emecos products or the products of a company legitimately connected with, approved by, or related to Emeco. 218. Defendants' said use enables it to deceptively advertise, merchandise, market,
display, and promote that their products emanate from Emeco or from a concern legitimately
21149090.1
47
connected with or approved by Emeco, and to substitute and pass off their products as Emecos products. It also enables purchasers of Defendants' products to represent and display that such products emanate from Emeco or from a concern legitimately connected with or approved by Emeco. 219. Defendants' said knowing and willful use has imitated, counterfeited, and
infringed Emecos trade dress configuration in commerce in violation of New York common law. 220. Upon information and belief, Defendants have engaged in such conduct willfully,
deliberately, and in conscious disregard of Emecos rights. 221. By reason of the foregoing, Emeco has been injured in an amount not yet
ascertained and is entitled to the remedies provided for it under the common law. 222. Defendants' conduct described herein has caused, and if not enjoined will
continue to cause, irreparable damage to Emecos rights in its trade dress and to the business, positive reputation, and goodwill of Emeco, which cannot be adequately compensated solely by monetary damages. Emeco therefore has no adequate remedy at law and seeks preliminary and permanent injunctive relief. EIGHTH CAUSE OF ACTION (COMMON LAW TRADEMARK INFRINGEMENT) 223. Emeco incorporates by reference the allegations of paragraphs 1-222 above as if
fully set forth herein. 224. The general consuming public of New York widely recognizes the NAVY
CHAIR trademarks, EMECO trademarks and KONG trademark as designating Emeco as the source of services and/or goods. Emeco has common law rights in the NAVY CHAIR trademarks, EMECO trademarks and KONG trademark under New York law.
21149090.1
48
225.
Upon information and belief, Defendants have knowingly and willfully used in
New York the Navy Chair, "Emeco," and "Kong" marks, which are confusingly similar to Emecos NAVY CHAIR, EMECO and KONG trademarks, in connection with the sale, offering for sale, distribution, and advertising of goods and/or services. 226. Upon information and belief, Defendants have knowingly and willfully infringed
Emeco's trademarks by bidding on, purchasing and using keywords, including Emeco's trademarks, in Google's Adword program, Yahoo's keyword advertising program, Amazon's Product Ads and Sponsored Products program, and others with the intent to direct potential customers to their online stores and attract customers to purchase their infringing chairs and complete disregard of Emeco's trademark rights 227. Defendants' said use is likely to cause confusion, mistake, or deception as to the
source of origin, sponsorship, or approval of its products, in that purchasers or others are likely to believe Defendants' products are Emecos products or the products of a company legitimately connected with, approved by, or related to Emeco. 228. Defendants' said use enables it to deceptively advertise, merchandise, market,
display, and promote that their products emanate from Emeco or from a concern legitimately connected with or approved by Emeco, and to substitute and pass off their products as Emecos products. It also enables purchasers of Defendants' products to represent and display that such products emanate from Emeco or from a concern legitimately connected with or approved by Emeco. 229. Defendants' said knowing and willful use has imitated, counterfeited, and
infringed Emecos trademarks in commerce in violation of New York common law.
21149090.1
49
230.
Upon information and belief, Defendants have engaged in such conduct willfully,
deliberately, and in conscious disregard of Emecos rights. 231. By reason of the foregoing, Emeco has been injured in an amount not yet
ascertained and is entitled to the remedies provided for it under the common law. 232. Defendants' conduct described herein has caused, and if not enjoined will
continue to cause, irreparable damage to Emecos rights in its trademarks and to the business, positive reputation, and goodwill of Emeco, which cannot be adequately compensated solely by monetary damages. Emeco therefore has no adequate remedy at law and seeks preliminary and permanent injunctive relief. NINTH CAUSE OF ACTION (UNFAIR AND DECEPTIVE TRADE PRACTICES UNDER NY STATE LAW) 233. Emeco realleges each and every allegation set forth in paragraphs 1-232 above,
and incorporates them herein by reference. 234. In the course of its business, Defendants have wrongfully and deceptively
engaged in consumer-oriented unfair trade practices that are misleading in a material way, and that caused injury to Emeco and the public. 235. Defendants' unfair deceptive business practices involve conduct addressed to the
market generally and implicate consumer protection concerns because the deceptive practices have caused and continue to cause injury to consumers. 236. Unless Defendants' acts are restrained by this Court, their deceptive business
practices will continue and the public will continue to suffer great and irreparable injury. 237. Defendants' conduct as described herein constituted, and continues to constitute a
violation of New York General Business Law 349 and 350.
21149090.1
50
238. damaged. 239. deliberate. 240.
By reason of the foregoing, Emeco has been and will be irreparably harmed and
Upon information and belief, Defendants' actions have been willful, wanton, and
Emeco is entitled to injunctive relief and monetary remedies under New York
common law, including, but not limited to, compensatory damages; punitive damages; costs and attorneys fees. TENTH CAUSE OF ACTION (TRADEMARK INFRINGEMENT AND COUNTERFEITING UNDER NEW YORK STATE LAW) 241. Emeco incorporates by reference the allegations of paragraphs 1-240 above as if
fully set forth herein. 242. Emeco as a cause of action and ground for relief, alleges that Defendants have
engaged in acts of trademark infringement and counterfeiting in violation of New York General Business Law 360-k. 243. Emeco owns valid trademarks, including the NAVY CHAIR , EMECO and
KONG trademarks. 244. Defendants have used spurious designations that are identical with, or
substantially indistinguishable from Emeco's marks on goods covered by Emeco's trademarks. 245. Defendants have used these spurious designations knowing they are counterfeit in
connection with the advertisement, promotion, sale, offering for sale and distribution of goods in interstate commerce.
21149090.1
51
246.
Defendants wrongful use of the Emeco trademarks is likely to cause confusion as
to sponsorship, affiliation or authorization by or with Emeco, or alternatively, destroy the originidentifying function of the Emeco trademarks. 247. Based upon the wrongful acts of Defendants, Emeco has incurred monetary
damages in an amount presently unknown. 248. As a result of Defendants' actions, Emeco has suffered and will continue to suffer
great damage to its business, goodwill, reputation, profits and the strength of its trademarks. The injury to Emeco is and continues to be ongoing and irreparable. An award of monetary damages alone cannot fully compensate Emeco for its injuries and Emeco lacks an adequate remedy at law. 249. The foregoing acts of infringement have been and continue to be deliberate,
willful and wanton. 250. Emeco is entitled to injunctive relief and monetary remedies under New York
common law, including, but not limited to, compensatory damages; punitive damages; costs and attorneys fees.
ELEVENTH CAUSE OF ACTION (UNFAIR COMPETITION UNDER NEW YORK STATE LAW) 251. Emeco incorporates by reference the allegations of paragraphs 1-250 above as if
fully set forth herein. 252. Defendants misappropriated the Emeco trade dress, trademarks and photographic
images by using the Emeco trade dress, trademarks and/or photographic images on or in connection with the advertising, marketing, promotion and sale of their goods and services.
21149090.1
52
253.
Upon information and belief, all of Defendants' actions mentioned herein have
been undertaken in bad faith. 254. Defendants' wrongful use of the Emeco trade dress, trademarks, photographic
images and other advertising material is likely to cause confusion as to sponsorship, affiliation or authorization by or with Emeco, or alternatively, destroy the origin-identifying function of the Emeco trade dress and trademarks. 255. Defendants' aforesaid acts constitute unfair competition, all in violation of
Emeco's rights under the common law of New York. 256. As a result of Defendants' actions, Emeco has suffered and will continue to suffer
great damage to its business, goodwill, reputation, profits and the strength of its trademarks and trade dress. The injury to Emeco is and continues to be ongoing and irreparable. An award of monetary damages alone cannot fully compensate Emeco for its injuries and Emeco lacks an adequate remedy at law. 257. deliberate. 258. Emeco is entitled to injunctive relief and monetary remedies under New York Upon information and belief, Defendants' actions have been willful, wanton, and
common law, including, but not limited to, compensatory damages; punitive damages; costs and attorneys fees. TWELFTH CAUSE OF ACTION (TRADEMARK DILUTION UNDER NEW YORK STATE LAW) 259. Emeco incorporates by reference the allegations of paragraphs 1-258 above as if
fully set forth herein.
21149090.1
53
260.
Defendants' use of the Emeco trademarks and trade dress in connection with the
display, advertising and offering for sale of their products has caused a likelihood of injury to the business reputation of Emeco and/or dilution by blurring Emeco's distinctive marks. 261. Defendants' actions complained of herein are in violation of the New York Anti-
dilution Statute in Article 24 360-1 of the General Business Law. 262. damaged. 263. The acts of the Defendants complained of herein have damaged Emeco and, By reason of the foregoing, Emeco has been and will be irreparably harmed and
unless restrained, will impair, if not destroy, the value of the Emeco trademarks and the goodwill associated therewith. PRAYER FOR RELIEF
WHEREFORE, Emeco prays for judgment against Defendants and for the following relief: A. In accordance with 35 U.S.C. 283 (Patent Act), 15 U.S.C. 1116 (Lanham Act)
and/or the common law, Defendants, its officers, directors, agents, employees, privies, successors, and assigns, and all persons in active concert or participation with them who receive actual notice or knowledge of this injunction by personal service or otherwise, be enjoined and restrained preliminarily and permanently: 1. from further using Emeco's NAVY CHAIR, EMECO or KONG
marks or any other confusingly similar variation in connection with the sale, manufacturing, or advertising of furniture;
21149090.1
54
2.
from manufacturing, selling, importing, exporting into the United States,
or advertising furniture mimicking Emecos Navy Chair trademarks and trade dress, described above; 3. from manufacturing, selling, importing, exporting into the United States,
or advertising furniture that embodies the design of or infringes the '173 Patent or the '375 Patent; 4. from further unlawfully trading upon and misappropriating the goodwill
and reputation of Emeco and competing unfairly with Emeco; B. Defendants file with the Court and serve on Emeco in accordance with 15 U.S.C.
1116, within thirty (30) days after service on them of such injunction (or such extended period as the Court may direct), a report in writing and under oath, setting forth in detail the manner and form in which Defendants has complied with the injunction; C. In accordance with 15 U.S.C. 1118, Defendants deliver to Emeco, at
Defendants' expense, for destruction or other disposition, all products, including, without limitation, all furniture, labels, packaging, signs, prints, advertisements, promotional, and other materials incorporating, bearing or displaying a trademark or trade dress confusingly similar to the aforementioned trademarks or aforementioned trade dress of Emeco or which otherwise violates 15 U.S.C. 1114 or 1125(a), in the possession, custody, or control of Defendants, as well as any reproduction, counterfeit, copy, or colorable imitation thereof, and all plates, molds, matrices, masters, or other materials or means of making the same; D. Defendants provide direct notice to all recipients of its catalog and on its website
that the Sailor, "Navy," "King", "Ghost," and/or "Casper" product lines are no longer available, that they were unauthorized and unlawful counterfeits of Emeco's product line, and that
21149090.1
55
consumers interested in genuine Emeco products may purchase them from Emeco or its authorized retail partners; E. Defendants take affirmative steps to remove all advertising, marketing, offers for
sale, and sales of their Sailor, "Navy," "King", "Ghost," and/or "Casper" product lines from any and all third party websites; F. An award of Emecos damages arising from Defendants': x violation of 15 U.S.C. 1125 and treble damages for willful violation of
the same under 15 U.S.C. 117 x violation of 35 U.S.C. 271, and treble damages for willful violation of the
same under 35 U.S.C. 284 G. Under 35 U.S.C. 289 (design patents), 15 U.S.C. 1117 (Lanham Act), and/or
the common law, an accounting and award of all gains, profits and advantages derived from its acts of patent infringement, federal, state and common law trade dress infringement, dilution, false advertising, unfair competition, misappropriation and injury to the business reputation and goodwill of Emeco, together with legal interest from the date of accrual thereof; H. Because of the willful nature of said violations and pursuant to 15 U.S.C. 1117
and 35 U.S.C. 284, Defendants be required to pay over to Emeco three times the amount of said profits and damages; I. If Emeco so elects before final judgment, Defendants be required to pay over to
Emeco statutory damages pursuant to 15 U.S.C. 1117(c) for the willful or non-willful use of a counterfeit trade dress and mark;
21149090.1
56
J.
Because of the willful and deliberate nature of Defendants' acts and the willful
disregard for the rights of Emeco, Defendants be required to pay over to Emeco exemplary damages in an amount to be determined by the Court; K. Defendants be required to pay over to Emeco its reasonable attorney fees and
costs pursuant to 15 U.S.C. 1117, 35 U.S.C. 284 and applicable New York statutory law; and L. Such other and further relief as this Court deems just and proper. DEMAND FOR JURY TRIAL Emeco hereby demands a jury trial of all issues in this Complaint which are triable to a jury. Respectfully Submitted, Dated: July 8, 2013 /Susan E. Farley/ Susan E. Farley, Esq. Susan E. Farley, Esq. (SF-3055) Alana M. Fuierer, Esq. (AF-3582) HESLIN ROTHENBERG FARLEY & MESITI P.C. 5 Columbia Circle Albany, New York 12203 Tel.: (518) 452-5600 Fax: (518) 452-5579 Jonathan H. Blavin Jesse Max Creed MUNGER, TOLLES & OLSON LLP 560 Mission Street, 27th Floor San Francisco, CA 94105 Telephone: (415) 512-4000 Facsimile: (415) 512-4077
21149090.1
57
Case 1:13-cv-03795-JBW-VVP Document 1-1 Filed 07/08/13 Page 1 of 2 PageID #: 58
CIVIL COVER SHEET
(SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
)1)'3 -2(9786-)7 -2'
(b)
DEFENDANTS
)%78 )2( 2= -143687 -2' HFE 13(;%= ERH 13(;%= *962-896) ERH 79+%6 7836)7 -2' HFE 0)<13( %80%28-' *962-896) 7836) IX EP /MRKW 2=
(IN U.S. PLAINTIFF CASES ONLY)
=SVO 4%
(EXCEPT IN U.S. PLAINTIFF CASES)
(c)
(Firm Name, Address, and Telephone Number)
(If Known)
,)70-2 638,)2&)6+ *%60)=

1)7-8- 4' 'SPYQFME 'MVGPI %PFER] 2=
II. BASIS OF JURISDICTION (Place an X in One Box Only)

(U.S. Government Not a Party)
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

(For Diversity Cases Only) PTF DEF or and and One Box for Defendant) PTF DEF
(Indicate Citizenship of Parties in Item III)
IV. NATURE OF SUIT (Place an X in One Box Only)

CONTRACT TORTS PERSONAL INJURY PERSONAL INJURY FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
PROPERTY RIGHTS
x
LABOR PERSONAL PROPERTY SOCIAL SECURITY
REAL PROPERTY
CIVIL RIGHTS
PRISONER PETITIONS Habeas Corpus:
FEDERAL TAX SUITS
IMMIGRATION Other:
V. ORIGIN (Place an X in One Box Only)

(specify) (Do not cite jurisdictional statutes unless diversity)
VI. CAUSE OF ACTION VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S) IF ANY

FOR OFFICE USE ONLY
97' 97' 8VEHIQEVO MRJVMRKIQIRX XVEHI HVIWW ERH TEXIRX MRJVMRKIQIRX
CLASS ACTION DEMAND $

(See instructions):
JURY DEMAND:
7YWER ) *EVPI]
)(2= 6IZMWMSR CERTIFJCA TJOl\ OF ARBJTRA TJON EUGJBILJTY Case 1:13-cv-03795-JBW-VVP Document 1-1 Filed 07/08/13 Page 2 of 2 PageID #: 59
local i\rbilration Ruk 83.10 pruvidcs that \Vith CLTlain c"\.ccplions, action::; seeking monL~J dmnagcs only in<.m mnounl nol in excess of $150,000, exclusive of interest and costs, are eligible fOr compulsory arbitration. The ammmt of damages is presruned to be helmv the tlJJeshold amount unless a certification to the contrary is fllecL
I,
7YWER ) *EVPI]
, counsel for
4PEMRXMJJ
, do hereby ccrtit) that the above captioned civil action is
ineligible tor compulsory arbitration tor the following reason(s): [8] [8] monetary damages sought arc in excess of $150,000, exclusive of interest and costs, the complaint seeks injunctive relief the matter is otherwise ineligible for the following reason
DISCLOSVRE STATEMENT- FEDERAL RULES CIVIL PROCEDVRE 7.1

Identif).' :my parent corporation and any publicly held corporation that ovvns l0(%1 or more or its stocks:
2SRI ORS[R
RELATED CASE STATEMENT (Section VIII on the Front ofthis Form)
Please list all cases that an: arguably rdat~vxl pursuant to Division of Business Ruk 50.3.1 in Section VIII on U1e li"ont of this form. Rule 50.3.1 (a) provides that" A civil case is "related" to another civil case for pmposes ofthis guideline \Yhen. because ofthe similarity oft[JC.ts and legal issues or because the cases arise from lhe same transactions or event.;;, a suhstanlial saving ofjudicial resources is likely to result from assigning bolh cases lo the same judge cmd magi::;twtc judge.'' Ruk )0.3.1 (b) provides thal "i\. civil case shall not be deemed "related"' to another civil case merely because the civil case: (A) irn'oh'es identical legal issues . or (D) inYolYes the same parties." Rule 50.3. [ (c) thither prm'ides that 'Presumptively._ and subject to the po\\'er of a judge lo detennine olhen'vise pursuant lo paragraph (d), civil cases slnll not he deemed to be related unless both cases are still pending before lh.: court.'.
NY-E DIVISION 011 BUSINESS RULE

I.)
~O.l(d)(2)
Ts lhc civil action being filed in the Eastem District rcrnmrcd from a Ne\"V York: State Court 1ocalcd in Nassau or Suffolk
2S County: ___________ _
2.)
If you 311S\vered "no" above: a) Did the events or omissions gh-ing rise to the claim or claims, or a substantial pa1t thereof occur in Nassau or SuffoHc
2S
b) Old the events or omissions giving rise to the claim or clahns. or a substantial part thereof, occurin the Eastern
=IW Uistricl'' ___________ _
[f your answer to question 2 (b) is "No," does the defendant (or a majority of the defendants, if there ls more than one) reside in Nassau or Suffolk County, or, in an interpleader action, does lhe clairmmt (or a rrutlority of lhe clairnanls, if there is more lhan one) reside in Nassau or Suffolk County'' (Note: A corporation shall be considered a resident of the County in which it has the most significant contacts).
BAR ADMISSIOr-i
I mn current]~ adm.itted in the Eastern District of Ne\v York and currentl~ a rnem.ber in good standing of the bnr of this cout1. ~ Yes [] No
Are :you cunently tlie subject of any disciplinary action (s) in this or any other sl.ale or federal courl?
[] Yes (If yes. please explain)
~
No
I certif; the nccumcy of all information provided above.
7YWER *EVPI] Signature: _ _ _ _) __ _ _ _ _ _ _ _ _ _ _ __
EMECO INDUSTRIES v. EAST END N.Y. IMPORTS, et al. EXHIBITS 1-17 TO THE COMPLAINT
EXHIBIT 1 U.S. TRADEMARK REGISTRATION 2,511,360
Int.
20 Reg. No. 2,511,360

Registered Nov. 27, 2001
Prior U.S. Cls.: 2, 13, 22, 25, 32 and 50 United States Patent and Trademark Office TRADEMARK PRINCIPAL REGISTER
EMECO INDUSTRIES, INC. (PENNSYLVANIA CORPORATION) 805 ELM AVENUE HANOVER, PA 17331 FOR: CHAIRS, IN CLASS 20 (U.S. CLS. 2, 13, 22, 25, 32 AND 50). FIRST USE 0-0-1978; IN COMMERCE 0-0-1978.
THE MARK IS A CHAIR CONFIGURATION WITH A SCULPTURE-LIKE, ONE-PIECE DESIGN. SEC. 2(F). SER. NO. 75-486,564, FILED 5-18-1998. JENNIFER KRISP, EXAMINING ATTORNEY

^ka rKpK=qo^abj^oh=obdfpqo^qflk ==========================PIVNOIURQ
Int. Cl.: 20 Prior U.S. Cls.: 2, 13, 22, 25, 32 and 50 Reg. No. 3,016,791
United States Patent and Trademark Office

TRADEMARK PRINCIPAL REGISTER
THE NAVY CHAIR

EMECO INDUSTRIES, INC. (PENNSYLVANIA CORPORATION) 805 ELM AVENUE HANOVER, PA 17331 FOR: CHAIRS, IN CLASS 20 (U.S. CLS. 2, 13, 22, 25, 32 AND 50). FIRST USE 1-0-1999: IN COMMERCE 1-0-1999. RONALD AIKENS, EXAMINING ATTORNEY SEC. 2(F).
SER. NO. 76-572,574, FILED 1-27-2004.
tate of ziem
Qiniteb *tato Patent (tub Trabenuta Office
111 NAVY CHAIR

Reg. No. 3,912,854 Registered Feb. 1, 2011 Int. Cl.: 20
TRADEMARK PRINCIPAL REGISTER
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT, STYLE, SIZE, OR COLOR. OWNER OF U.S. REG. NO. 3,016,791. NO CLAIM IS MADE .1'0 THE EXCLUSIVE RIGHT TO USE "111" AND "CHAIR", APARI. FROM THE MARK AS SHOWN. SEC. 2(F) AS TO "NAVY CHAIR". SER. NO. 77-876,229, FILED 11-19-2009. KAI'HERINE STOIDES, EXAMININGATTORNEY EMECO INDUSTRIES, INC. (PENNSYLVANIA CORPORATION) 805 ELM AVENUE HANOVER, PA 17331 FOR: CHAIRS, IN CLASS 20 (U.S. CLS. 2, 13, 22, 25, 32 AND 50). FIRST USE 11-20-2009; IN COMMERCE 11-20-2009.
Director of the United Stales Patent and Oadon rk Office
EXHIBIT 4 U.S. TRADEMARK REGISTRATION 561,078
EXHIBIT 5 U.S. DESIGN PATENT NO. D494,375 S1
Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 12 of 127 PageID #: 71 111111 1111111111111111111111111111111111111111111111111111111111111
USOOD494375Sl
(12)
United States Design Patent

Starck
CHAIR
Inventor:
(lo)
(45)
Patent No.: Date of Patent:
US D494,375 S
**
Aug. 17, 2004
(54) (75) (73)
OTHER PUBLICATIONS
Philippe Starck, Paris (FR)
Assignee: Emeco Industries, Inc., Hanover, PA (US) Term:
(**)
14 Years
Home Decorators,Spring 2003, p. 49, chairs and bar stools at top right.* Emeco chair brochure, tri-fold color (total of 6 pages, front and back); published at least as early as Apr. 6, 2000. Starck, pending U.S. design patent application Ser. No. 29/177,415, filed Mar. 10, 2003, entitled "Chair". * cited by examiner
(21) (22) (51) (52) (58)
Appl. No.: 29/177,414 Filed:
Mar. 10, 2003
Primary Examiner-Gary D. Watson (74) Attorney, Agent, or Firm---Heslin Rothenberg Farley & Mesiti P. C.
(57)
LOC (7) Cl. .................................................... 06-01 U.S. Cl. .......................................... D6/374; D6/380 Field of Search .......................... D6/334, 358, 360,
D6/372, 374, 379, 380, 500; 297/445.1, 446.1
CLAIM
The ornamental design for the chair, as shown and described.
DESCRIPTION
FIG. 1 is a perspective view of a chair in accordance with the new design; FIG. 2 is a top view thereof; FIG. 3 is a front elevational view thereof; FIG. 4 is a left side elevational view thereof, a right side elevational view being a mirror image thereof; FIG. 5 is a perspective view of an alternative embodiment of a chair in accordance with the new design having a brushed surface finish; FIG. 6 is a perspective view of an alternative embodiment of a chair in accordance with the new design having a polished surface finish; FIG. 7 is a perspective view of an alternative embodiment of a chair in accordance with the new design in the form of a bar stool; FIG. 8 is a perspective view of an alternative embodiment of a chair in accordance with the new design in the form of a bar stool having a brushed surface finish; and, FIG. 9 is a perspective view of an alternative embodiment of a chair in accordance with the new design in the form of a bar stool having a polished surface finish. The broken lines in FIGS. 7-9 are for illustrative purposes only and form no part of the claimed design.
(56)
References Cited
U.S. PATENT DOCUMENTS
1,233,625 D114,056 D228,989 D244,897 D259,841 D262,245 D289,469 D347,739 D357,592 D357,594 D367,370 D372,598 D374,131 D381,828 D386,912 D390,031 D414,620 D430,412 D457,744 D458,467 D460,282 A S S S S S S S S S S S S S S S S S S S S
* * * * * * * * * * * * * * * * * * *
7/1917 4/1939 11/1973 7/1977 7/1981 12/1981 4/1987 6/1994 4/1995 4/1995 2/1996 8/1996 10/1996 8/1997 12/1997 2/1998 10/1999 9/2000 5!2002 6/2002 7/2002
Wanner, Jr............... 297/446.1 Burke ......................... D6/372 Furey .......................... D6/380 Rocchia ....................... D6/358 Mioni ......................... D6/380 Kane ........................... D6/358 Tonon ......................... D6/379 Beaulieu ...................... D6/360 Kellen ......................... D6/360 Kellen ......................... D6/374 Berry et a!. ................. D6/374 Ungaro ........................ D6/380 Muller ........................ D6/380 Kemnitzer ................... D6/379 Diaz-Azcuy ................. D6/380 Diaz-Azcuy ................. D6/380 Kabadayan .................. D6/380 Lewis ......................... D6/334 Lewis ......................... D6/380 Starck ......................... D6/374 Starck ......................... D6/374
1 Claim, 9 Drawing Sheets
U.S. Patent
Aug.17, 2004
Sheet 1 of 9
US D494,375 S
FIG. 1
U.S. Patent
Aug. 17,2004
Sheet 2 of 9
US D494,375 S
FIG. 2
U.S. Patent
Aug. 17, 2004
Sheet 3 of 9
US D494,375 S
FIG. 3
U.S. Patent
Aug. 17, 2004
Sheet 4 of 9
US D494,375 S
FIG. 4
U.S. Patent
Aug. 17, 2004
Sheet 5 of 9
US D494,375 S
FIG. 5
U.S. Patent
Aug. 17, 2004
Sheet 6 of 9
US D494,375 S
FIG. 6
U.S. Patent
Aug. 17,2004
Sheet 7 of 9
US D494,375 S
FIG. 7
U.S. Patent
Aug. 17, 2004
Sheet 8 of 9
US D494,375 S
FIG. 8
U.S. Patent
Aug. 17, 2004
Sheet 9 of 9
US D494,375 S
FIG. 9
EXHIBIT 6 U.S. DESIGN PATENT NO. D496,173 S1
Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 23 of 127 PageID #: 82 111111 1111111111111111111111111111111111111111111111111111111111111
USOOD496173Sl
(12)
United States Design Patent

Starck
CHAIR
Inventor:
(lo)
(45)
Patent No.: Date of Patent:

CLAIM
US D496,173 S
**
Sep. 21, 2004
(54) (75) (73) (**) (21) (22) (51) (52) (58)
(57)
Philippe Starck, Paris (FR)
The ornamental design for the chair, as shown and described.
Assignee: Emeco Industries, Inc., Hanover, PA (US) Term:
DESCRIPTION
FIG. 1 is a perspective view of a chair in accordance with the new design; FIG. 2 is a top view thereof; FIG. 3 is a front elevational view thereof; FIG. 4 is a left side elevational view thereof; FIG. 5 is a perspective view of an alternative embodiment of a chair in accordance with the new design having a brushed surface finish; FIG. 6 is a perspective view of an alternative embodiment of a chair in accordance with the new design having a polished surface finish; FIG. 7 is a perspective view of an alternative embodiment of a chair in accordance with the new design in the form of a bar stool; FIG. 8 is a perspective view of an alternative embodiment of a chair in accordance with the new design in the form of a bar stool having a brushed surface finish; FIG. 9 is a perspective view of an alternative embodiment of a chair in accordance with the new design in the form of a bar stool having a polished surface finish; FIG. 10 is a perspective view of an alternative embodiment of a chair in accordance with the new design having a right arm; FIG. 11 is a perspective view of an alternative embodiment of a chair in accordance with the new design having two arms; FIG. 12 is a perspective view of an alternative embodiment of a chair in accordance with the new design in the form of a bar stool having a right arm; and, FIG. 13 is a perspective view of an alternative embodiment of a chair in accordance with the new design in the form of a bar stool having two arms. The broken lines in FIGS. 7-9, 12, and 13 are for illustrative purposes only and form no part of the claimed design.
14 Years
Appl. No.: 29/177,415 Filed:
Mar. 10, 2003
LOC (7) Cl. .................................................... 06-01 U.S. Cl. ........................... D6/379; D6/360; D6/374 Field of Search .......................... D6/334, 358, 360, D6/372, 374, 379, 376, 380, 500; 297/445.1, 446.1 References Cited
1,233,625 D114,056 D228,989 D244,897 D259,841 D262,245 D289,469 A S S S S S S
(56)
* * * * * * *
7/1917 4/1939 11/1973 7/1977 7/1981 12/1981 4/1987
Wanner, Jr............... 297/446.1 Burke ......................... D6/372 Furey .......................... D6/380 Rocchia ....................... D6/358 Mioni ......................... D6/380 Kane ........................... D6/358 Tonon ......................... D6/379
(List continued on next page.) OTHER PUBLICATIONS Home Decorators, Spring 2003, p. 49, chairs and bar stools at top right.* Emeco chair brochure, tri-fold color (total of 6 pages, front and back); published at least as early as Apr. 6, 2000. Starck, pending U.S. design patent application Ser. No. 29/177,414, filed Mar. 10, 2003, entitled "Chair" (Attorney Docket No. 1718.009).
Primary Examiner-Gary D. Watson (74) Attorney, Agent, or Firm---Heslin Rothenberg Farley & Mesiti P. C.
1 Claim, 13 Drawing Sheets
US D496,173 S
Page 2

D347,739 D357,592 D357,594 D367,370 D372,598 D374,131 D380,310 D381,828 D384,826 D386,912 D390,031 S S S S S S S S S S S
* * * * * * * * * * *
6/1994 4/1995 4/1995 2/1996 8/1996 10/1996 7/1997 8/1997 10/1997 12/1997 2/1998
Beaulieu ...................... Kellen ......................... Kellen ......................... Berry et a!. ................. Ungaro ........................ Muller ........................ Diaz-Azcuy ................. Kemnitzer ................... Hutton ........................ Diaz-Azcuy ................. Diaz-Azcuy .................
D6/360 D6/360 D6/374 D6/374 D6/380 D6/380 D6/369 D6/379 D6/334 D6/380 D6/380
D399,352 D414,620 D430,412 D431,380 D433,825 D445,584 D454,714 D457,744 D458,467 D460,282 D461,065
s *
S S S S S S S S S S
* * * * * * * *
10/1998 10/1999 9/2000 10/2000 11/2000 7/2001 3/2002 5!2002 6/2002 7/2002 8/2002
Frinier .................... D6/376 X Kabadayan .................. D6/380 Lewis ......................... D6/334 Hutton ........................ D6/360 Piretti ......................... D6/334 O'Hare eta!. ............... D6/379 Tseng .......................... D6/376 Lewis ......................... D6/380 Starck ......................... D6/374 Starck ......................... D6/374 Diaz-Azcuy ................. D6/369
* cited by examiner
U.S. Patent
Sep. 21,2004
Sheet 1 of 13
US D496,173 S
FIG. 1
U.S. Patent
Sep. 21, 2004
Sheet 2 of 13
US D496,173 S
FIG. 2
U.S. Patent
Sep.21,2004
Sheet 3 of 13
US D496,173 S
FIG. 3
U.S. Patent
Sep. 21, 2004
Sheet 4 of 13
US D496,173 S
FIG. 4
U.S. Patent
Sep.21,2004
Sheet 5 of 13
US D496,173 S
FIG. 5
U.S. Patent
Sep. 21, 2004
Sheet 6 of 13
US D496,173 S
FIG. 6
U.S. Patent
Sep. 21, 2004
Sheet 7 of 13
US D496,173 S
FIG. 7
U.S. Patent
Sep.21,2004
Sheet 8 of 13
US D496,173 S
FIG. 8
U.S. Patent
Sep.21,2004
Sheet 9 of 13
US D496,173 S
FIG. 9
U.S. Patent
Sep. 21, 2004
Sheet 10 of 13
US D496,173 S
FIG. 10
U.S. Patent
Sep. 21, 2004
Sheet 11 of 13
US D496,173 S
FIG. 11
U.S. Patent
Sep. 21, 2004
Sheet 12 of 13
US D496,173 S
FIG. 12
U.S. Patent
Sep. 21, 2004
Sheet 13 of 13
US D496,173 S
------
--
FIG. 13
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Code:656-SLV In Stock and ready to ship
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Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. Sailor Modern Cafe Side Chair in Polished Aluminum will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas. This item is a high quality reproduction of the original. Set Includes: One - Sailor Modern Cafe Side Chair Overall Product Dimensions: 19"L x 15"W x 33"H Seat Height: 18"H
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Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. The Sailor Modern Cafe Chair in Molded Plastic will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas. This item is a high quality reproduction of the original. Set Includes: One - Navy Chair in Red Overall Product Dimensions: 18.5"L x 15.5"W x 34.5"H Seat Height: 18"H
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Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. The Sailor Modern Cafe Chair in Molded Plastic will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas. This item is a high quality reproduction of the original. Set Includes: One - Navy Chair in Red Overall Product Dimensions: 18.5"L x 15.5"W x 34.5"H Seat Height: 18"H
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Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. Sailor Modern Cafe Counter Stool Set in Brushed Aluminum will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas. This item is a high quality reproduction of the original. Set Includes: Two - Sailor Modern Caf Counter Overall Product Dimensions: 18.5"L x 16"W x 36.5"H Seat Height: 24"H
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Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. The Sailor Modern Cafe Chair in Molded Plastic will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas. This item is a high quality reproduction of the original. Set Includes: One - Navy Chair in Red Overall Product Dimensions: 18.5"L x 15.5"W x 34.5"H<br/>Seat Height: 18"H
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Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. Sailor Modern Cafe Side Chair Set in Brushed Aluminum will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas. This item is a high quality reproduction of the original. Set Includes: Two - Sailor Modern Cafe Side Chairs Overall Product Dimensions: 19"L x 15"W x 33"H Submit your email address and join Sugar store mailing list: Seat Dimensions: 15"L x 15.5"W x 18"H
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EXHIBIT 9 WEB PAGES FROM SUGARSTORES.COM OFFERING THE SAILOR CHAIR
SugarStores - Home & Office Furniture, Outdoor Furniture, Order Now! Page 1 of 2 Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 63 of 127 PageID #: 122
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SugarStores - Home & Office Furniture, Outdoor Furniture, Order Now! Page 2 of 2 Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 64 of 127 PageID #: 123
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Brushed Aluminum For Indoor or Outdoor Use Lightweight Plastic Non-Marking Feet Fully Assembled

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Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. The Sailor Modern Cafe Bar Stool Set in Brushed Aluminum will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas. This item is a high quality reproduction of the original. Set Includes: Two - Sailor Modern Cafe Bar Stool Overall Product Dimensions: 21"L x 16.5"W x 42.5"H Seat Height: 30"H
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Modern dining chair Hollow brushed aluminum Can be used outdoors Plastic-non marking feet Fully assembled Plastic Non-marking Feet Fully Assembled

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Sailor Modern Caf Side Chair in Red Molded Plastic EEI-219-RED by LexMod Page 1 of 2 Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 71 of 127 PageID #: 130
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Modern dining chair Hard plastic construction Can be used outdoors Lightweight Plastic-non marking feet Fully assembled

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Sailor Modern Caf Side Chair in Red Molded Plastic EEI-219-RED by LexMod Page 2 of 2 Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 72 of 127 PageID #: 131

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Modern dining chair Hollow brushed aluminum Can be used outdoors Lightweight Plastic-non marking feet Fully assembled Also Available as a bar or counter stool

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Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. Sailor Modern Cafe Side Chair Set in Brushed Aluminum will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas. This item is a high quality reproduction of the original. Set Includes: Two - Sailor Modern Cafe Side Chairs Overall Product Dimensions: 19"L x 15"W x 33"H Seat Dimensions: 15"L x 15.5"W x 18"H
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EXHIBIT 10 WEB PAGES FROM SHOPSEATING.COM OFFERING THE SAILOR CHAIR
Shop Seating | Modern and Ergonomic Office Chairs | Order Now! Page 1 of 2 Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 78 of 127 PageID #: 137
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Shop Seating | Modern and Ergonomic Office Chairs | Order Now! Page 2 of 2 Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 79 of 127 PageID #: 138
View all Sugar Stores Partner With Us Customer service Contact Us security information Return Policy Shipping Policy satisfaction guarantee Copyright 2011 Sugar Stores. All rights reserved Sugar stores 470 Mundet Place, Hillside, NJ 07205
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EXHIBIT 11 WEB PAGES FROM SAFCOSHOP.COM OFFERING THE SAILOR CHAIR
shop Safco office furniture, filing cabinets, chairs and other safco products at safecoshop.... Page 1 of 2 Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 83 of 127 PageID #: 142
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shop Safco office furniture, filing cabinets, chairs and other safco products at safecoshop.... Page 2 of 2 Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 84 of 127 PageID #: 143
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the ability to lead with discernment. Sailor Modern Cafe Side Chair in Polished Aluminum will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas. This item is a high quality reproduction of the original. Set Includes: One - Sailor Modern Cafe Side Chair Overall Product Dimensions: 19"L x 15"W x 33"H Seat Height: 18"H
http://safcoshop.com/p-3652-sailor-modern-cafe-side-chair-in-polished-aluminum.aspx
6/21/2013
http://safcoshop.com/p-3652-sailor-modern-cafe-side-chair-in-polished-aluminum.aspx
6/21/2013
EXHIBIT 12 WEB PAGES FROM MIDCENTURYFURNITURE.COM OFFERING THE SAILOR CHAIR
Shop Midcentury furniture for Egg chairs, ball chairs and more. Page 1 of 2 Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 88 of 127 PageID #: 147
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Shop Midcentury furniture for Egg chairs, ball chairs and more. Page 2 of 2 Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 89 of 127 PageID #: 148
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Submit your email address and join Sugar store mailing list: Description Dimensions
Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. The Sailor Modern Cafe Bar Stool Set in Brushed Aluminum will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas. This item is a high quality reproduction of the original. Set Includes: Two - Sailor Modern Cafe Bar Stool Overall Product Dimensions: 21"L x 16.5"W x 42.5"H Seat Height: 30"H
http://www.midcentury-furniture.com/p-6657-sailor-modern-cafe-bar-stool-set-in-brushed-... 6/24/2013
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Lounges Shop by Designer Most Popular Kids Dining & Bar Tables Arm Chairs & Sofas Office Chairs Bar Stools & Counter Stools Benches, Stools, & Rockers Lighting Dining Chairs Coffee & Side Tables Clocks
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Modern dining chair Hollow brushed aluminum Can be used outdoors Lightweight Plastic-non marking feet Fully assembled Also Available as a bar or counter stool
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Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. Sailor Modern Cafe Side Chair Set in Brushed Aluminum will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas. This item is a high quality reproduction of the original. Set Includes: Two - Sailor Modern Cafe Side Chairs Overall Product Dimensions: 19"L x 15"W x 33"H Seat Dimensions: 15"L x 15.5"W x 18"H
http://www.midcentury-furniture.com/p-6655-sailor-modern-cafe-side-chair-set-in-brushed... 6/24/2013
http://www.midcentury-furniture.com/p-6655-sailor-modern-cafe-side-chair-set-in-brushed... 6/24/2013
EXHIBIT 13 WEB PAGES FROM BESTARFURNITURE.COM OFFERING THE SAILOR CHAIR
shop Bestar Computer Desks, Bookcases and more at bestarfurniturestore.com Page 1 of 2 Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 99 of 127 PageID #: 158

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shop Bestar Computer Desks, Bookcases and more at bestarfurniturestore.com Page 2 of 2 Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 100 of 127 PageID #: 159
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Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. Sailor Modern Cafe Side Chair in Polished Aluminum will bolster your sense of advancement
Ainc.5 0 5
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and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas. This item is a high quality reproduction of the original. Set Includes: One - Sailor Modern Cafe Side Chair Overall Product Dimensions: 19"L x 15"W x 33"H Seat Height: 18"H
http://www.bestarfurniturestore.com/p-3652-sailor-modern-cafe-side-chair-in-polished-alu... 6/25/2013
LhO ri7e_Net
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EXHIBIT 14 WEB PAGES FROM ATLANTICFURNITURESTORE.COM OFFERING THE SAILOR CHAIR
shop Bedroom Wood Furniture and other Atlantic furniture products at Atlanticfurniturest... Page 1 of 2 Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 104 of 127 PageID #: 163
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shop Bedroom Wood Furniture and other Atlantic furniture products at Atlanticfurniturest... Page 2 of 2 Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 105 of 127 PageID #: 164
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Retail Price: $360.00 Sale Price: $199.00 Modern dining chair Hollow brushed aluminum
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s40
Can be used outdoors Plastic-non marking feet Fully assembled Plastic Non-marking Feet Fully Assembled
SU brIllt

r7r)
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workin9 Witk
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Both Professional and Bulk Discounts are Now Available!
3-in-1 GUARANTEE r-..z7Walt your purchase, receive for fret:
MWM
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V ID Theft Protection Ci Purchase Guarantee 03 Lowest Price Guarantee
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EXHIBIT 15 WEB PAGES FROM ERGOHUMANSTORE.COM OFFERING THE SAILOR CHAIR
Shop Ergohuman chairs the Ergonomic office chair and more at ergohumanstore.com Page 1 of 2 Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 109 of 127 PageID #: 168
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Shop Ergohuman chairs the Ergonomic office chair and more at ergohumanstore.com Page 2 of 2 Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 110 of 127 PageID #: 169
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EXHIBIT 16 WEB PAGES FROM OUTDOORSECTIONALSETS.COM OFFERING THE SAILOR CHAIR
Shop Outdoor sectionals, chaise lounge, and other outdoor furniture at outdoorsectionalse... Page 1 of 2 Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 114 of 127 PageID #: 173
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Modern dining chair Hollow brushed aluminum Can be used outdoors Plastic-non marking feet Fully assembled
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Plastic Non-marking Feet Fully Assembled

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6/26/2013
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EXHIBIT 17 WEB PAGES FROM MODWAYFURNITURE.COM OFFERING THE SAILOR CHAIR
Modway - Wholesale Furniture for Home, Office & Outdoor Page 1 of 1 Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 119 of 127 PageID #: 178
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Sailor Dining Side Chair
Sailor Counter Stool
Sailor Bar Stool
Sailor Dining Dining Chair
Sailor Aluminum Side Chair in Polished Aluminum
Sailor Set of 2 Dining Chairs
Sailor Counter Stools Set of 2
Sailor Bar Stools Set of 2
Indoor furniture | Outdoor furniture | Office furniture | Lighting | New products Home | Trade shows | Catalog download | Open an account | Contact us 2012 ModWay. All Rights Reserved.
http://www.modwayfurniture.com/search.aspx?searchterm=Sailor
6/24/2013
Modway - Sailor Bar Stool (EEI-174) Page 1 of 1 Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 120 of 127 PageID #: 179
Indoor Furniture > Bar and Dining > Sailor Bar Stool
SAILOR BAR STOOL

Overall Product Dimensions: 21"L x 16.5"W x 42.5"HDimensions: Seat Height: 30"H
SKU:EEI-174
Description: Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. The Sailor Brushed Aluminum Bar Stool will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas. Set Includes: One - Sailor Aluminum Bar Stool
http://www.modwayfurniture.com/p-482-sailor-bar-stool.aspx
6/24/2013
Modway - Sailor Counter Stool (EEI-173) Page 1 of 1 Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 121 of 127 PageID #: 180
Indoor Furniture > Bar and Dining > Sailor Counter Stool
SAILOR COUNTER STOOL

Overall Product Dimensions: 18.5"L x 16"W x 36.5"HDimensions: Seat Height: 24"H
SKU:EEI-173
Description: Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. The Sailor Brushed Aluminum Counter Stool will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas. Set Includes: One - Sailor Aluminum Counter Stool
http://www.modwayfurniture.com/p-481-sailor-counter-stool.aspx
6/24/2013
Modway Furniture - Sailor Aluminum Side Chair in Polished Aluminum Page 1 of 1 Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 122 of 127 PageID #: 181
East End Imports > Sailor Aluminum Side Chair in Polished Aluminum
SAILOR ALUMINUM SIDE CHAIR IN POLISHED ALUMINUM

N/A Dimensions:
SKU:EEI-656-SLV
Description: N/A
http://www.modwayfurniture.com/p-690-sailor-aluminum-side-chair-in-polished-aluminu...
6/24/2013
Modway - Sailor Dining Chair (EEI-656) Page 1 of 1 Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 123 of 127 PageID #: 182
Indoor Furniture > Bar and Dining > Sailor Dining Dining Chair
SAILOR DINING DINING CHAIR

Overall Product Dimensions: 19"L x 15"W x 33"HDimensions: Seat Height: 18"H
SKU:EEI-656
Description: Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. Sailor Aluminum Side Chair in Polished Aluminum will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas. Set Includes: One - Sailor Aluminum Side Chair in Polished Aluminum
http://www.modwayfurniture.com/p-722-sailor-dining-dining-chair.aspx
6/24/2013
Modway - Sailor Set of 2 (EEI-884) Page 1 of 1 Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 124 of 127 PageID #: 183
Indoor Furniture > Furniture Sets > Sailor Bar Stools Set of 2
SAILOR BAR STOOLS SET OF 2

Overall Product Dimensions: 21"L x 16.5"W x 42.5"HDimensions: Seat Height: 30"H
SKU:EEI-884
Description: Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. The Sailor Aluminum Bar Stool Set in Silver will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas. Set Includes: Two - Sailor Aluminum Bar Chairs
http://www.modwayfurniture.com/p-884-sailor-bar-stools-set-of-2.aspx
6/24/2013
Modway - Sailor Set of 2 (EEI-883) Page 1 of 1 Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 125 of 127 PageID #: 184
Indoor Furniture > Furniture Sets > Sailor Counter Stools Set of 2
SAILOR COUNTER STOOLS SET OF 2

Overall Product Dimensions: 18.5"L x 16"W x 36.5"HDimensions: Seat Height: 24"H
SKU:EEI-883
Description: Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. Sailor Aluminum Counter Stool Set in Silver will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas. Set Includes: Two - Sailor Aluminum Counter Stools
http://www.modwayfurniture.com/p-883-sailor-counter-stools-set-of-2.aspx
6/24/2013
Modway - Sailor Side Chair (EEI-172) Page 1 of 1 Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 126 of 127 PageID #: 185
Indoor Furniture > Bar and Dining > Sailor Dining Side Chair
SAILOR DINING SIDE CHAIR

Overall Product Dimensions: 19"L x 15"WDimensions:
SKU:EEI-172
Available colors:
Silver
Description: Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. The Sailor Brushed Aluminum Side Chair will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas. Set Includes: One - Sailor Aluminum Side Chair
http://www.modwayfurniture.com/p-480-sailor-dining-side-chair.aspx
6/24/2013
Modway - Sailor Dining Chairs (EEI-882) Page 1 of 1 Case 1:13-cv-03795-JBW-VVP Document 1-2 Filed 07/08/13 Page 127 of 127 PageID #: 186
Indoor Furniture > Furniture Sets > Sailor Set of 2 Dining Chairs
SAILOR SET OF 2 DINING CHAIRS

Overall Product Dimensions: 19"L x 15"W x 33"HDimensions: Seat Dimensions: 15"L x 15.5"W x 18"H
SKU:EEI-882
Description: Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. Sailor Aluminum Side Chair Set in Silver will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas. Set Includes: Two - Sailor Aluminum Side Chairs
http://www.modwayfurniture.com/p-882-sailor-set-of-2-dining-chairs.aspx
6/24/2013
EMECO INDUSTRIES v EAST END N.Y. IMPORTS EXHIBITS 18-21 TO THE COMPLAINT
EXHIBIT 18 WEB PAGES FROM MODWAYFURNITURE.COM OFFERING THE NAVY CHAIR
Modway - Navy Side Chair (EE... 6/27/2013 Case 1:13-cv-03795-JBW-VVP Document 1-3 Filed 07/08/13 Page 3 of 74 PageID #: 189
DEALER S
l ogi n here
CALL US: 866-890-5950 TR A DE S H OW S C A T A L OG D OW N L OA D O P E N A N A C C O U NT C O NT A C T U S

Indoor Furniture > Bar and Dining > Navy Dining Side Chair
NAVY DINING SIDE CHAIR
Overall Product Dimensions: 18.5"L x 15.5"W x 34.5"H Dimensions: Seat Height: 18"H
SKU:EEI-219
Available colors:
Red
White
Description: Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. The Sailor Modern Cafe Chair in Molded Plastic will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas. Set Includes: One - Navy Chair in Red
http://www.modwayfurniture.com/p-1022-navy-dining-side-chair.aspx
DEALER S
l ogi n here

SKU:EEI-219
Available colors:
Red
White
DEALER S
l ogi n here

SKU:EEI-219
Available colors:
Red
White
DEALER S
l ogi n here

SKU:EEI-219
Available colors:
Red
White
DEALER S
l ogi n here

SKU:EEI-219
Available colors:
Red
White
DEALER S
l ogi n here

SKU:EEI-219
Available colors:
Red
White
EXHIBIT 19 PAGES FROM MODWAY CATALOG OFFERING ACCUSED PRODUCTS
CO L L EC T I O N 2013
The Modway Indoor and Outdoor Collection 2013 features a curated showcase of nearly 500 products. Each item was carefully selected to embody the spirit for which Modway was founded. We know that choosing which furniture dealers to order from is no easy task. This is why instead of bringing you a catalog filled with the good, the bad, and the ugly you re only going to find the best stuff here. Commitment to Price, Quality and Service: We help you keep the profit margins high without compromising on quality. Our dedicated wholesale customer base knows they can turn to us to supply popular modern products. We have an active Quality Control team on-site at our factories to assure the integrity of each and every product we sell before it reaches our doors. Warranty: Our commitment to service includes a full one year warranty against manufacturer defects. You can rest easy when you order from Modway. Dealer Program Highlights: Dedicated account managers Lowest lead time in the industry of only 24 hours No minimum order size No drop ship fees Order online or by Phone, Email & Fax All emails responded to within two business hours We hope you enjoy browsing these pages full of strong selling items. Setting up an account is easy. We look forwarding to getting you started! Sincerely, The Modway Team
Mod wa y | p
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w w w.Mod wayFurniture .com
Combine artistic endeavors into a unified vision of harmony and grace with the ethereal Casper Chair. Allow bursts of creative energy to reach every aspect of your contemporary living space as this masterpiece reinvents your surroundings. Surprisingly sturdy and durable, the Casper Chair is appropriate for any room or outdoor setting. Pure perception awaits, as shining moments of brilliance turn visual vacuums into new realms of transcendence. No Assembly Required / Polished Stainless Steel / Stackable
EEI-657 GASP E R
S TA I N L E S S S T E E L D I N I N G C H A I R
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8 6 6 . 8 9 0. 5 9 5 0 | f
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w w w. Mo d w ay Fur ni t ure . c o m
Combine artistic endeavors into a unified vision of harmony and grace with the ethereal Casper Chair. Allow bursts of creative energy to reach every aspect of your contemporary living space as this masterpiece reinvents your surroundings. Surprisingly sturdy and durable, the Casper Chair is appropriate for any room or outdoor setting. Pure perception awaits, as shining moments of brilliance turn visual vacuums into new realms of transcendence. No Assembly Required / Polished Stainless Steel / Stackable
EEI-781 I CASP ER
Stainless Steel Dining Chair
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1
.
EEI-545 I KING
IIII
The excitement and vigor of our King furniture will bring your living and dining spaces to new levels of virility and inspiration. Plastic Non-Marking Feet / 100% Recycled Aluminum / For Indoor or Outdoor Use / Dipped Anodized Finish / Lightweight and Sturdy
Dining Chair
Mod wa y | p
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The excitement and vigor of our King furniture will bring your living
ING
Counter Stool
and dining spaces to new levels of virility and inspiration. Plastic Non-Marking Feet / For Indoor or Outdoor Use / Lightweight and Sturdy
Mo d w a y | p
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The excitement and vigor of our King furniture will bring your living
ING
Bar Stool
and dining spaces to new levels of virility and inspiration. Plastic Non-Marking Feet / For Indoor or Outdoor Use / Lightweight and Sturdy
Mod wa y | p
9 0 8 . 3 6 8 . 1025 | t f
8 66 . 8 9 0. 595 0 | f
8 8 8. 49 0 . 7675 | w
Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. The Sailor Brushed Aluminum Side Chair
ILOR
Dining Chair
will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas. Modern dining chair / Hollow brushed aluminum / Can be used outdoors / Lightweight Plastic-non marking feet / Fully assembled / Also Available as a bar or counter stool
Mo d w a y | p
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EEI-1 72
I
8 6 6 . 8 9 0. 5 9 5 0 | f
SA
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Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment, The Sailor Modern Cafe Chair in Molded Plastic will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas, Modern dining chair / Hard plastic construction / Can be used outdoors / Lightweight /
Plastic-non marking feet / Fully assembled

WHITE
EEI-219 SAI LOR MOLD E D P L A S T I C D IN I N G C H A I R
RED
Mod wa y | p
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8 8 8. 49 0 . 7675 | w
55
55
Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment, Sailor Aluminum Side Chair in Polished Aluminum will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas, Modern dining chair / Hollow brushed aluminum
/ Can be used outdoors / Lightweight / Plastic-non marking feet / Fully assembled / Also Available as a bar or counter stool / Plastic Non-marking Feet / Fully Assembled.
EEI-656
SA I LOR POL I S H E D A L U M I N U M D IN I N G C H A I R
56
Mo d w a y | p
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Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. The Sailor Brushed Aluminum Counter Stool will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas. Brushed Aluminum / For Indoor or Outdoor Use / Lightweight Plastic Non-Marking Feet / Fully Assembled
ILOR
Counter Stool
Mod wa y | p
9 0 8 . 3 6 8 . 1025 | t f
8 66 . 8 9 0. 595 0 | f
8 8 8. 49 0 . 7675 | w
Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. The Sailor Brushed Aluminum Bar Stool will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas. Brushed Aluminum / For Indoor or Outdoor Use / Lightweight Plastic Non-Marking Feet / Fully Assembled
ILOR
Bar Stool
58
Mo d w a y | p
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EXHIBIT 20 WEB PAGES FROM THIRD PARTY WEBSITES OFFERING THE OFFENDING PRODUCTS
Amazon.com: emeco 6/29/2013 Case 1:13-cv-03795-JBW-VVP Document 1-3 Filed 07/08/13 Page 23 of 74 PageID #: 209
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Set of -2 - Cafe Aluminum Dining/side Chair by Modern Lines (2) $299.99

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Emeco 1011-SW Navy Mid-Back Semi-U pholstered Swivel Office Chair Finish: Black Matte Solid Powder Coat, Arms:... by Emeco Office Products: See all 18 items $1,37 5.00
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Emeco 1006 Navy Dining Side Chair Finish: Hand Polished Aluminum, Seat Pad: None by Emeco Home & Kitchen: See all 25 items $1,260.00
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LexMod Sailor Modern Cafe Side Chair in Polished Aluminum

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LexMod Sailor Modern Cafe Side Chair in Brushed Aluminum
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Product Details
Product Dimensions: 24 x 17 x 37 inches ; 31 pounds Shipping Weight: 31 pounds (View shipping rates and policies) Shipping: Currently, item can be shipped only within the U.S. and to APO/FPO addresses. For APO/FPO shipments, please check with the manufacturer regarding warranty and support issues.
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Origin: China Shipping Advisory: This item must be shipped separately from other items in your order. Additional shipping charges will not apply. ASIN: B007QULKS8 Item model number: EEI-656-SLV Average Customer Review: Be the first to review this item Amazon Best Sellers Rank: #1,100,528 in Home & Kitchen (See Top 100 in Home & Kitchen) Did we miss any relevant features for this product? Tell us what we missed. Would you like to give feedback on images or tell us about a lower price?
Product Description
Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. The Sailor Modern Cafe Chair in brushed aluminum will bolster your sense of advancement and adventure. This item is a high quality reproduction of the original.
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Modern Cafe Aluminum Dining Chair
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Product Details
Product Dimensions: 24.5 x 16 x 33.5 inches ; 10 pounds Shipping Weight: 13.8 pounds (View shipping rates and policies) Shipping: Currently, item can be shipped only within the U.S. and to APO/FPO addresses. For APO/FPO shipments, please check with the manufacturer regarding warranty and support issues. Origin: China Shipping Advisory: This item must be shipped separately from other items in your order. Additional shipping charges will not apply. ASIN: B0058O6NVS Item model number: EEI-172-SLV Average Customer Review: (11 customer reviews) Amazon Best Sellers Rank: #123,392 in Home & Kitchen (See Top 100 in Home & Kitchen) Did we miss any relevant features for this product? Tell us what we missed. Would you like to give feedback on images or tell us about a lower price?
Product Description
Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. The Sailor Modern Cafe Chair in brushed aluminum will bolster your sense of advancement and adventure. This item is a high quality reproduction of the original. Overall Product Dimensions: 16"W x 24.5"D x 33.5"H Seat Size: 15.5"W x 14.75"D x 18"H Package Dimesions: 37.5"L x 24.5"W x 16.5"H Ships with small package carrier

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Customer Reviews
(11) 4.3 out of 5 stars 5 star 4 star 3 star 2 star 1 star 6 3 1 1 0 Steven V ames | 2 reviewers made a similar statement
Strong hand welds that are nicely ground, nice brushed finish, and lightweight.
They are well made and great quality.

A. Moore | 1 reviewer made a similar statement
I needed complimentary and contemporary cafe chairs for my dining area and love these.
Brent A. Logero | 2 reviewers made a similar statement
See all 11 customer reviews
Most Helpf ul Customer Reviews

7 of 8 people found the following review helpful
Better v alue tha n Emeco cha ir, a dd cushions f or cold wea ther November 12, 2011
By rk Color Name: Brushed Aluminum | Ama z on Verif ied Purcha se
Couldn't q uite bring myself to pay the $ for the Emeco, but this is very similar and working well so far (had it about a month) - I have a few other not-q uite-Emeco chairs that have served me well for five+ years now. Having a cushion is crucial in cold weather - Crate & Barrel "Delta" cushions fit perfectly.
Comment | W a s this rev iew helpf ul to y ou? Y es No
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I nexpensiv e but soso quality December 21, 2011

By Alex Color Name: Brushed Aluminum | Ama z on Verif ied Purcha se
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Bought 4 and they are great! These are ex act; y what I wanted and at a great price. The discerning eye will most likely pick them up q uickly as not the actual iconic Navy chair. Read more
Published 8 days ago by A. Moore
For the price, this chair is not an unreasonable value. It is made to reproduce the classic Navy chair of the 1940s and, as such, presents a timeless design at a very low price. But upon close inspection, it's apparent that this means q uality does suffer a bit. The seat of the chair I purchased has some slight discoloration and various spots in which parts meet are rough to the touch. From afar, you might be fooled into thinking it's the real thing. U p close, however, the fact that this is a cheap chair, in every sense of the
word, is readily apparent. It'll do fine if you're not too discriminating but don't ex pect ex cellent q uality for this price.
Lov e these cha irs I needed complimentary and contemporary cafe chairs for my dining area and love these. Classic and I got them on sale.
Published 10 days ago by Brent A. Logero
Look s great & speedy serv ice December 13, 2011

By SF purchaser Color Name: Brushed Aluminum | Ama z on Verif ied Purcha se
To my untrained eyes these look as good as the ones that are sold for $200 to $400 each (or more) at Room and Board. The only issue I could see is some of the finishing on the bottom of the chairs (which no one sees when the chairs have all 4 legs on the floor) was a little rough. The nex t time I go to Room and Board I will hold their chairs upside down and see if theirs are similiar. Of course these don't have any brand name on them. The chairs were packed very well with lots of that styrofoam packing "paper" to prevent scratches. They're light weight. I ordered them on Sunday a week ago. W hen I checked the status the nex t day, Monday, they had already shipped. They went from NY to my place in San Francisco in a week. They look great, aren't ex pensive, and arrived fast. I'm a happy camper.
wipe them with a damp cloth! ! They look very pretty and they are comfortable but they are not the real deal! ! ! W hen I tried to wipe off some food, some color from the chair came off too! ! Read more
Published 20 days ago by AlwaysShopOnline
good price i bought two other chairs like this before and they cost way more wish i had checked amazon first, i wish they could stack.
Published 1 month ago by Angelica Y nfante
**A** Great chair!
Light weight, good look! Ex actly what I was looking for to get that little bit of industrial look! Nice q uality, and good price!
Published 1 month ago by Sharon W illiamsKosfeld
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strong solid cha ir These are classic submarine chairs. Strong hand welds that are nicely ground, nice brushed finish, and lightweight. Read more
Published 4 months ago by Steven V ames
*Or*** Chair exceeds expectations.
This chair appears to meet the standards of much more ex pensive similar chairs I considered before this purchase. Its sleek finish complements many settings. Read more
Published 4 months ago by N. M. Oreilly
Grea t Value Item as attractive as "Navy Chair" sold by other retailer, but at 1/ 3 cost. Came q uickly and as specified in description.
Published 23 months ago by Remodeler
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East End Imports EEI-656-SLV Sa Aluminum

Sears Item# SPM6533897903 | Model# EEI-656
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Product Description East End Imports EEI-656-SLV Sailor Aluminum Side Chair in Polished Aluminum Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. The Sailor Modern Cafe Chair in brushed aluminum will bolster your sense of advancement and adventure.
Modern dining chair Hollow brushed aluminum Can be used outdoors Lightweight Plastic-non marking feet Fully assembled Also Available as a bar or counter stool Plastic Non-marking Feet Fully Assembled Dimensions: Overall Product Dimensions: 19"L x 15"W x 33"H Seat Height: 18"H Product Mterials: Stainless Steel - Ship Weight: 50.00 lbs.
Added on December 08, 2012
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East End Imports Sailor Alumi... 6/29/2013 Case 1:13-cv-03795-JBW-VVP Document 1-3 Filed 07/08/13 Page 47 of 74 PageID #: 233
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East End Imports Sailor Aluminum Side Chair

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Description
Item # SP M86380927 13Model # EEI-17 2-SLV
Nourish a trademark keenness for moving forward with a sincere and confident posture. T he ultimate instrument of progress is the ability to lead with discernment. T he Sailor Modern Cafe Chair in brushed aluminum will bolster your sense of advancement and adventure. Dimensions: 16' ' (W ) x 33.5' ' (H) x 24.5' ' (D) Some assembly may be req uired. P lease see product details. Nourish a trademark keenness for moving forward with a sincere and confident posture. T he ultimate instrument of progress is the ability to lead with discernment. T he Sailor Modern Cafe Chair in brushed aluminum will bolster your sense of advancement and adventure. 16' ' (W ) x 33.5' ' (H) x 24.5' ' (D) Dimensions: 16' ' (W ) x 33.5' ' (H) x 24.5' ' (D) W eight: 10.00 pounds Some assembly may be req uired. P lease see product details.
Specifications
Product O verview: Assembly: Minimal Assembly Req uired
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0 Reviews have been submitted for this product write your review (http://sears.com/shc/s/P rofileCreateReview? &storeId=10153&catalogId=12605&langId=1&dataP roductId=SP M86380927 13&req uestT ype=create_review&loginFlow=Y es&loginModal=Y )
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East End Imports Sailor Aluminum Side Chair

Description
Item # SP M86380927 13Model # EEI-17 2-SLV
Nourish a trademark keenness for moving forward with a sincere and confident posture. T he ultimate instrument of progress is the ability to lead with discernment. T he Sailor Modern Cafe Chair in brushed aluminum will bolster your sense of advancement and adventure. Dimensions: 16' ' (W ) x 33.5' ' (H) x 24.5' ' (D) Some assembly may be req uired. P lease see product details. Nourish a trademark keenness for moving forward with a sincere and confident posture. T he ultimate instrument of progress is the ability to lead with discernment. T he Sailor Modern Cafe Chair in brushed aluminum will bolster your sense of advancement and adventure. 16' ' (W ) x 33.5' ' (H) x 24.5' ' (D) Dimensions: 16' ' (W ) x 33.5' ' (H) x 24.5' ' (D) W eight: 10.00 pounds Some assembly may be req uired. P lease see product details.
Specifications
Product O verview: Assembly: Minimal Assembly Req uired
Ratings & Reviews

0 Reviews have been submitted for this product write your review (http://sears.com/shc/s/P rofileCreateReview? &storeId=10153&catalogId=12605&langId=1&dataP roductId=SP M86380927 13&req uestT ype=create_review&loginFlow=Y es&loginModal=Y )
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Modway Navy Dining Chair in ... 6/29/2013 Case 1:13-cv-03795-JBW-VVP Document 1-3 Filed 07/08/13 Page 55 of 74 PageID #: 241
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Modway Navy Dining Chair in Red

Sears Item# SPM7034176303 | Model# EEI-21
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Product Description Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. The Sailor Modern Cafe Chair in Molded Plastic will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas. Includes: One - Navy Chair in Red; Modern dining chair; Hard plastic construction; Can be used outdoors; Lightweight; Plastic-non marking feet; Fully assembled; Dimensions: 16"L x 18.5"W x 34.5"H; Seat Height: 18"H Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. The Sailor Modern Cafe Chair in Molded Plastic will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas. Includes: One - Navy Chair in Red Features:
Dimensions: 16"L x 18.5"W x 34.5"H Seat Height: 18"H

Added on April 13, 2013
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Modway Navy Dining Chair in ... 6/29/2013 Case 1:13-cv-03795-JBW-VVP Document 1-3 Filed 07/08/13 Page 56 of 74 PageID #: 242
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Modway Navy Dining Chair in Whi .

21E Sears Item# SPM7034176403 | Model# EEI0 Reviews | | Write a review
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Overview
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Product Description Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. The Sailor Modern Cafe Chair in Molded Plastic will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas. Includes: One - Navy Chair in Red; Modern dining chair; Hard plastic construction; Can be used outdoors; Lightweight; Plastic-non marking feet; Fully assembled; Dimensions: 16"L x 18.5"W x 34.5"H; Seat Height: 18"H Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. The Sailor Modern Cafe Chair in Molded Plastic will bolster your sense of advancement and adventure. Perfect for restaurants, bars, clubs, home dining and outdoor eating areas. Includes: One - Navy Chair in Red Features:
Dimensions: 16"L x 18.5"W x 34.5"H Seat Height: 18"H

Added on April 13, 2013
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East End Imports Sailor Bar Sto... 6/29/2013 Case 1:13-cv-03795-JBW-VVP Document 1-3 Filed 07/08/13 Page 57 of 74 PageID #: 243
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East End Imports Sailor Bar Stools Set of 2 Color

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Item # SP M7652975913Model # EEI-884
Nourish a trademark keenness for moving forward with a sincere and confident posture. T he ultimate instrument of progress is the ability to lead with discernment. T he Sailor A luminum Bar Stool Set in Silver will bolster your sense of advancement and adventure. P erfect for restaurants, bars, clubs, home dining and outdoor eating areas. Set Includes: T wo - Sailor A luminum Bar Chairs Dimensions: Overall P roduct Dimensions: 21' ' L x 16.5' ' W req uired. P lease see product details. Nourish a trademark keenness for moving forward with a sincere and confident posture. T he ultimate instrument of progress is the ability to lead with discernment. T he Sailor A luminum Bar Stool Set in Silver will bolster your sense of advancement and adventure. P erfect for restaurants, bars, clubs, home dining and outdoor eating areas. Set Includes: T wo - Sailor A luminum Bar Chairs Dimensions: Overall P roduct Dimensions: 21' ' L x 16.5' ' W x 42.5' ' H Seat Height: 30' ' H Some assembly may be req uired. P lease see product details. x 42.5' ' H Seat Height: 30' ' H Some assembly may be
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Product Overview: W eight (lbs.): 1 A ssembly: Minimal A ssembly Req uired
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LexMod Sailor Modern Cafe Side Chair in Brushed Aluminum
11 Reviews 5 4 3 2 1 star: star: star: star: star: (6) (3) (1) (1) (0) Average Customer Review (11 customer reviews) Share your thoughts with other customers
This product LexMod Sailor Modern Cafe Side Chair in Brushed Aluminum by LexMod $460.00 $133.00 PAWN
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Better value than Emeco chair, add cushions for cold weather Couldn't quite bring myself to pay the $ for the Emeco, but this is very similar and working well so far (had it about a month) - I have a few other not-quite-Emeco chairs that have served me well for five+ years now. Having a cushion is crucial in cold weather Crate & Barrel "Delta" cushions fit perfectly.
Published 19 months ago by rk
Inexpensive but so-so quality For the price, this chair is not an unreasonable value. It is made to reproduce the classic Navy chair of the 1940s and, as such, presents a timeless design at a very low price. But upon close inspection, it's apparent that this means quality does suffer a bit. The seat of the chair I purchased has some slight discoloration and various spots in which parts meet are rough... Read the full review
Published 18 months ago by Alex
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Previous | 1 2 | Next 7 of 8 people found the following review helpful
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Better value than Emeco chair, add cushions for cold weather, November 12, 2011 By rk "rk" (Seattle, WA) - See all my reviews
Amazon Verified Purchase (What's this?) This review is from: LexMod Sailor Modern Cafe Side Chair in Brushed Aluminum (Misc.)
Customers who viewed this item also viewed Sandra Side Chair, METAL SEAT, RED by Home Decorators Collection ***Iligt a (6) _ Buy new: $129.00 $103.00
In stock. Processing takes an additional 3 to 4 days.
Couldn't quite bring myself to pay the $ for the Emeco, but this is very similar and working well so far (had it about a month) - I have a few other not-quite-Emeco chairs that have served me well for five+ years now. Having a cushion is crucial in cold weather - Crate & Barrel "Delta" cushions fit perfectly.
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Inexpensive but so-so quality, December 21, 2011 By Alex (New Jersey, USA) - See all my reviews
Emeco Navy Style Aluminum Side Chair "Set of 2" by leisure mod MAI* a (1) _ Buy new: $749.00 $355.00
In Stock
witiltor
Modern Cafe Dining Chair in Brushed Aluminum by Manhattan Modern ilitilkaZi (1) _ Buy new: $95.00
In Stock
For the price, this chair is not an unreasonable value. It is made to reproduce the classic Navy chair of the 1940s and, as such, presents a timeless design at a very low price. But upon close inspection, it's apparent that this means quality does suffer a bit. The seat of the chair I purchased has some slight discoloration and various spots in which parts meet are rough to the touch. From afar, you might be fooled into thinking it's the real thing. Up close, however, the fact that this is a cheap chair, in every sense of the word, is readily apparent. It'll do fine if you're not too discriminating but don't expect excellent quality for this price.
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sk*ia
Looks great & speedy service, December 13, 2011
By SF purchaser - See all my reviews

To my untrained eyes these look as good as the ones that are sold for $200 to $400 each (or more) at Room and Board. The only issue I could see is some of the finishing on the bottom of
http://www.amazon.com/LexMod-Sailor-Modern-Brushed-Aluminum/product-reviews/B0058O6NVS
the chairs (which no one sees when the chairs have all 4 legs on the floor) was a little rough. The next time I go to Room and Board I will hold their chairs upside down and see if theirs are similiar. Of course these don't have any brand name on them. The chairs were packed very well with lots of that styrofoam packing "paper" to prevent scratches. They're light weight. I ordered them on Sunday a week ago. When I checked the status the next day, Monday, they had already shipped. They went from NY to my place in San Francisco in a week. They look great, aren't expensive, and arrived fast. I'm a happy camper.
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Bought 4 and they are great!, June 21, 2013 By A. Moore "Sasha" (New York City) - See all my reviews
RIAL NMPIE
These are exact;y what I wanted and at a great price. The discerning eye will most likely pick them up quickly as not the actual iconic Navy chair. But, those are well beyond my budget and these provide exactly the style I was wanted. They are well made and great quality.
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Love these chairs, June 19, 2013 By Brent A. Logero "BrentInDenver" (Denver, CO USA) - See all my reviews
RIAL NMPIE
I needed complimentary and contemporary cafe chairs for my dining area and love these. Classic and I got them on sale.
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The color comes off when you wipe them with a damp cloth!!, June 9, 2013 By AlwaysShopOnline - See all my reviews
They look very pretty and they are comfortable but they are not the real deal!!! When I tried to wipe off some food, some color from the chair came off too!! Makes we worried about what they are made from sonce I don't think aluminum would do this.
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*AA**
good price, May 30, 2013
By Angelica Ynfante "sdpropshop" (san diego) - See all my reviews

RIM. WINE
i bought two other chairs like this before and they cost way more wish i had checked amazon first, i wish they could stack.
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Great chair!, May 21, 2013 By Sharon WilliamsKosfeld - See all my reviews
Light weight, good look! Exactly what I was looking for to get that little bit of industrial look! Nice quality, and good price!
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strong solid chair, February 18, 2013 By Steven Vames - See all my reviews
These are classic submarine chairs. Strong hand welds that are nicely ground, nice brushed finish, and lightweight. These are the best you're going to get until you go into the $250-$300 per chair range.
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Chair exceeds expectations., February 3, 2013 By N. M. Oreilly (Syracuse, New York) - See all my reviews
RIM. MINE
This chair appears to meet the standards of much more expensive similar chairs I considered before this purchase. Its sleek finish complements many settings. I particularly relish its sturdiness and light weight as I move it from room to room to do numerous household tasks that may be completed more thoroughly while sitting. I am thinking of buying a taller model for the kitchen. I definitely recommend it and have been raving about how great it is to friends and family!
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LexMod Sailor Modern Cafe Side Chair in Polished Aluminum

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EXHIBIT 21 WEB PAGES FROM MODWAYFURNITURE.COM OFFERING THE CASPER CHAIR
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Modway - Casper Dining Chair (EEI-657) Page 1 of 1 Case 1:13-cv-03795-JBW-VVP Document 1-3 Filed 07/08/13 Page 71 of 74 PageID #: 257
Indoor Furniture > Casper Dining Dining Chair
CASPER DINING DINING CHAIR

Overall Product Dimensions: 18.5"L x 22"W x 33"HDimensions: Seat Height: 18"H Armrest Height: 26"H
SKU:EEI-657
Available colors:
Silver
Description: Combine artistic endeavors into a unified vision of harmony and grace with the ethereal Casper Chair. Allow bursts of creative energy to reach every aspect of your contemporary living space as this masterpiece reinvents your surroundings. Surprisingly sturdy and durable, the Casper Chair is appropriate for any room or outdoor setting. Pure perception awaits, as shining moments of brilliance turn visual vacuums into new realms of transcendence. Set Includes: One - Casper Armchair Polished Stainless Steel
http://www.modwayfurniture.com/p-723-casper-dining-dining-chair.aspx
6/24/2013
Modway - Casper Set of 2 (EEI-913) Page 1 of 1 Case 1:13-cv-03795-JBW-VVP Document 1-3 Filed 07/08/13 Page 72 of 74 PageID #: 258
Indoor Furniture > Casper Dining Chairs Set of 2
CASPER DINING CHAIRS SET OF 2

Overall Product Dimensions: 20"L x 21"W x 34"HDimensions: Seat Height: 18"H Armrest Height: 30.5"H
SKU:EEI-913
Available colors:
Silver
Description: The excitement and vigor of our Casper furniture will bring your living and dining spaces to new levels of virility and inspiration. Set Includes: Two - Casper Aluminum Armchairs
http://www.modwayfurniture.com/p-911-casper-dining-chairs-set-of-2.aspx
6/25/2013
Modway - Casper Side Chair (EEI-781) Page 1 of 1 Case 1:13-cv-03795-JBW-VVP Document 1-3 Filed 07/08/13 Page 73 of 74 PageID #: 259
Indoor Furniture > Casper Dining Side Chair
CASPER DINING SIDE CHAIR

Overall Product Dimensions: 18.5"L x 15"W x 33"HDimensions: Seat Height: 18"H
SKU:EEI-781
Available colors:
Silver
Description: Combine artistic endeavors into a unified vision of harmony and grace with the ethereal Casper Chair. Allow bursts of creative energy to reach every aspect of your contemporary living space as this masterpiece reinvents your surroundings. Surprisingly sturdy and durable, the Casper Chair is appropriate for any room or outdoor setting. Pure perception awaits, as shining moments of brilliance turn visual vacuums into new realms of transcendence. Set Includes: One - Casper Chair in Polished Stainless Steel
http://www.modwayfurniture.com/p-799-casper-dining-side-chair.aspx
6/24/2013
Modway - Casper Dining Chairs (EEI-876) Page 1 of 1 Case 1:13-cv-03795-JBW-VVP Document 1-3 Filed 07/08/13 Page 74 of 74 PageID #: 260
Indoor Furniture > Casper Set of 2 Dining Chairs
CASPER SET OF 2 DINING CHAIRS

Dimensions: Overall Armchair Dimensions: 18.5"L x 22"W x 33"H Armchair Seat Height: 18"H Armchair Arm Height: 26"H Overall Armless Chair Dimensions: 18.5"L x 22"W x 33"H Armless Chair Seat Height: 18"H
SKU:EEI-876
Description: Combine artistic endeavors into a unified vision of harmony and grace with the ethereal Casper Chair. Allow bursts of creative energy to reach every aspect of your contemporary living space as this masterpiece reinvents your surroundings. Surprisingly sturdy and durable, the Casper Chair is appropriate for any room or outdoor setting. Pure perception awaits, as shining moments of brilliance turn visual vacuums into new realms of transcendence. Set Includes: One - Casper Armchair in Polished Stainless Steel One - Casper Side Chair in Polished Stainless Steel
http://www.modwayfurniture.com/p-876-casper-set-of-2-dining-chairs.aspx
6/24/2013
EXHIBIT 23 WEB PAGES FROM LEXMOD.COM OFFERING THE GHOST CHAIR
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Home > Dining Furniture > Philippe Starck Style Louis and Victoria Ghost Chair in Polished Stainless Steel
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Philippe Starck Style Louis and Victoria Ghost Chair in Polished Stainless Steel
Code:876 Estimated ship date 9/26/2013
Retail Price: $945.00 Sale Price: $598.00 Armchair: Innovative modern design Polished Chrome Stainless Steel Blends into contemporary rooms Suitable for indoor and outdoor use Generously sized seat and backrest Polished Stainless Steel Stackable
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Combine artistic endeavors into a unified vision of harmony and grace with the ethereal Casper Chair. Allow bursts of creative energy to reach every aspect of your contemporary living space as this masterpiece reinvents your surroundings. Surprisingly sturdy and durable, the Casper Chair is appropriate for any room or outdoor setting. Pure perception awaits, as shining moments of brilliance turn visual vacuums into new realms of transcendence. Set Includes: One - Philippe Starck Style Louis Ghost Chair
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One - Philippe Stark Style Victoria Ghost Chair Overall Armchair Dimensions: 18.5"L x 22"W x 33"H Armchair Seat Height: 18"H Armchair Arm Height: 26"H Overall Armless Chair Dimensions: 18.5"L x 22"W x 33"H Armless Chair Seat Height: 18"H
http://www.lexmod.com/p-6649-philippe-starck-style-louis-and-victoria-ghost-chair-in-polished-stain...
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2011 Sugar Stores. All rights reserved Sugar stores 470 Mundet Place, Hillside, N 07205
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Philippe Starck Style Louis Ghost Chair Polished Stainless Steel

Retail Price: $600.00 Sale Price: $299.00 Innovative modern design Polished Chrome Stainless Steel Blends into contemporary rooms Suitable for indoor and outdoor use No assembly required Generously sized seat and backrest
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Combine artistic endeavors into a unified vision of harmony and grace with the ethereal Ghost Chair. Allow bursts of creative energy to reach every aspect of your contemporary living space as this masterpiece reinvents your surroundings. Surprisingly sturdy and durable, the Ghost Chair is appropriate for any room or outdoor setting. Pure perception awaits, as shining moments of brilliance turn visual vacuums into new realms of transcendence. Set Includes: One - Philippe Starck Style Louis Ghost Chair Overall Product Dimensions: 18.5"L x 22"W x 33"H Seat Height: 18"H Armrest Height: 26"H
http://www.lexmod.com/p-3653-philippe-starck-style-louis-ghost-chair-polished-stainless-steel.aspx
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Home > Dining Furniture > Aluminum Ghost Counter Stool Set in Silver
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Aluminum Ghost Counter Stool Set in Silver

Retail Price: $720.00 Sale Price: $446.00 Plastic Non-Marking Feet Polished Aluminum For Indoor or Outdoor Use Lightweight and Sturdy
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These Aluminum Ghost Counter Stool is an exquisite reproduction of the Kong Chairs that were designed by Philippe Starck. Set Includes: Two - Aluminum Ghost Counter Stools Overall Chair Dimensions: 20"L x 21"W x 40"H Seat Height: 24"H Armrest Height: 32.5"H
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Home > Dining Furniture > Aluminum Ghost Armchair Set of 2

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Aluminum Ghost Armchair Set of 2

Retail Price: $690.00 Sale Price: $370.00 Plastic Non-Marking Feet 100% Recycled Aluminum For Indoor or Outdoor Use Dipped Anodized Finish Lightweight and Sturdy
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Louis XIV-inspired aluminum design in a dipped-anodized finish. These Ghost Armchairs are exquisite reproductions of the Kong Chairs that were designed by Philippe Starck. This item is a high quality reproduction of the original. Set Includes: Two - Ghost Aluminum Armchairs Overall Product Dimensions: 20"L x 21"W x 34"H Seat Height: 18"H Armrest Height: 30.5"H
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Aluminum Ghost Armchair Set of 2

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Louis XIV-inspired aluminum design in a dipped-anodized finish. These Ghost Armchairs are exquisite reproductions of the Kong Chairs that were designed by Philippe Starck. This item is a high quality reproduction of the original. Set Includes: Two - Ghost Aluminum Armchairs Overall Product Dimensions: 20"L x 21"W x 34"H Seat Height: 18"H Armrest Height: 30.5"H
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Home > Bar Stools & Tables > Aluminum Ghost Bar Stool Set in Silver
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Aluminum Ghost Bar Stool Set in Silver

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These Aluminum Ghost Bar Stool is an exquisite reproduction of the Kong Chairs that were designed by Philippe Starck. Set Includes: Two - Aluminum Ghost Bar Stools Overall Chair Dimensions: 20"L x 21"W x 46"H Seat Height: 30"H Armrest Height: 38.5"H
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http://www.lexmod.com/p-6663-aluminum-ghost-bar-stool-set-in-silver.aspx
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Home > Dining Furniture > Philippe Stark Style Victoria Ghost Chair in Polished Stainless Steel
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Philippe Stark Style Victoria Ghost Chair in Polished Stainless Steel

Retail Price: $600.00 Sale Price: $279.00 No Assembly Required Polished Stainless Steel Stackable
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Combine artistic endeavors into a unified vision of harmony and grace with the ethereal Ghost Chair. Allow bursts of creative energy to reach every aspect of your contemporary living space as this masterpiece reinvents your surroundings. Surprisingly sturdy and durable, the Ghost Chair is appropriate for any room or outdoor setting. Pure perception awaits, as shining moments of brilliance turn visual vacuums into new realms of transcendence. Set Includes: One - Philippe Stark Style Victoria Ghost Chair in Polished Stainless Steel Overall Product Dimensions: 18.5"L x 15"W x 33"H Seat Height: 18"H
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Aluminum Ghost Bar Stool

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These Aluminum Ghost Bar Stool is an exquisite reproduction of the Kong Chairs that were designed by Philippe Starck. This item is a high quality reproduction of the original. Set Includes: One - Aluminum Ghost Bar Stool Overall Product Dimensions: 20"L x 21"W x 46"H Seat Height: 30"H Armrest Height: 38.5"H
http://www.lexmod.com/p-3471-aluminum-ghost-bar-stool.aspx
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Home > Bar Stools & Tables > Aluminum Ghost Counter Stool
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Aluminum Ghost Counter Stool

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These Aluminum Ghost Counter Stool is an exquisite reproduction of the Kong Chairs that were designed by Philippe Starck. This item is a high quality reproduction of the original. Set Includes: One - Aluminum Ghost Counter Stool Overall Product Dimensions: 20"L x 21"W x 40"H Seat Height: 24"H Armrest Height: 32.5"H
http://www.lexmod.com/p-3470-aluminum-ghost-counter-stool.aspx
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Hillside N 0205
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Home > Dining Furniture > Aluminum Ghost Armchair

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Aluminum Ghost Armchair

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Louis XIV-inspired aluminum design in a dipped-anodized finish. These Ghost Armchairs are exquisite reproductions of the Kong Chairs that were designed by Philippe Starck. This item is a high quality reproduction of the original. Set Includes: One - Aluminum Ghost Armchair Overall Product Dimensions: 20"L x 21"W x 34"H Seat Height: 18"H Armrest Height: 30.5"H
http://www.lexmod.com/p-3475-aluminum-ghost-armchair.aspx
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2011 Sugar Stores. All rights reserved Sugar stores 40 Mundet Place
Hillside N 0205
http://www.lexmod.com/p-3475-aluminum-ghost-armchair.aspx
EXHIBIT 24 WEB PAGES FROM SUGARSTORES.COM OFFERING THE GHOST CHAIR
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Living & Family Room Home Dcor & Lighting Office Tables & Racks Mirrors & Bedroom Accessories Armchairs, Loveseats & Sofas Accent Chairs & Armchairs Bar & Counter Stools Bedroom Furniture Kitchen & Dining Outdoor Garden & Patio Home Entertainment Office Seating Bookcases & Shelving Carts & Stands Desk & Office Accessories Desks & Workstations Like Send
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Living & Family Room Home Dcor & Lighting Office Tables & Racks Mirrors & Bedroom Accessories Armchairs, Loveseats & Sofas Accent Chairs & Armchairs Bar & Counter Stools Bedroom Furniture Kitchen & Dining Outdoor Garden & Patio Home Entertainment Office Seating Bookcases & Shelving Carts & Stands Desk & Office Accessories Desks & Workstations Click to enlarge images Like Send
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Combine artistic endeavors into a unified vision of harmony and grace with the ethereal Casper Chair. Allow bursts of creative energy to reach every aspect of your contemporary living space as this masterpiece reinvents your surroundings. Surprisingly sturdy and durable, the Casper Chair is appropriate for any room or outdoor setting. Pure perception awaits, as shining moments of brilliance turn visual vacuums into new realms of transcendence. Set Includes: One - Philippe Starck Style Louis Ghost Chair One - Philippe Stark Style Victoria Ghost Chair Overall Armchair Dimensions: 18.5"L x 22"W x 33"H Armchair Seat Height: 18"H Armchair Arm Height: 26"H Overall Armless Chair Dimensions: 18.5"L x 22"W x 33"H Armless Chair Seat Height: 18"H
http://www.sugarstores.com/p-6649-philippe-starck-style-louis-and-victoria-ghost-chair-in-polished-s...
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Office Chairs Bar Stools & Counter Stools Benches, Stools, & Rockers Lighting Dining Chairs Coffee & Side Tables Clocks
Sale Price: $299.00 Innovative modern design Polished Chrome Stainless Steel Blends into contemporary rooms Suitable for indoor and outdoor use No assembly required Generously sized seat and backrest
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Office Chairs Bar Stools & Counter Stools Benches, Stools, & Rockers Lighting Dining Chairs Coffee & Side Tables Clocks
Sale Price: $279.00 No Assembly Required Polished Stainless Steel Stackable
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Home > Shop by Designer > Philippe Starck > Aluminum Ghost Bar Stool
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Combine artistic endeavors into a unified vision of harmony and grace with the ethereal Casper Chair. Allow bursts of creative energy to reach every aspect of your contemporary living space as this masterpiece reinvents your surroundings. Surprisingly sturdy and durable, the Casper Chair is appropriate for any room or outdoor setting. Pure perception awaits, as shining moments of brilliance turn visual vacuums into new realms of transcendence. Set Includes: One - Philippe Starck Style Louis Ghost Chair One - Philippe Stark Style Victoria Ghost Chair Overall Armchair Dimensions: 18.5"L x 22"W x 33"H Armchair Seat Height: 18"H Armchair Arm Height: 26"H Overall Armless Chair Dimensions: 18.5"L x 22"W x 33"H Armless Chair Seat Height: 18"H
http://www.midcentury-furniture.com/p-6649-philippe-starck-style-louis-and-victoria-ghost-chair-in-...
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2011 Sugar Stores. All rights reserved Sugar stores 470 Mundet Place, Hillside, 07205
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EMECO INDUSTRIES v. EAST END N.Y. IMPORTS, et al. EXHIBITS 22, 25-27 TO THE COMPLAINT
EXHIBIT 22 WEB PAGES FROM MODWAYFURNITURE.COM OFFERING THE KING CHAIR
Modway - King Armchair (EEI... 6/27/2013 Case 1:13-cv-03795-JBW-VVP Document 1-6 Filed 07/08/13 Page 3 of 57 PageID #: 315
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Indoor Furniture > Bar and Dining > King Dining Armchair
KING DINING ARMCHAIR
SKU:EEI-545
Available colors:
Silver
Description: The excitement and vigor of our King furniture will bring your living and dining spaces to new levels of virility and inspiration. Set Includes: One - Casper Aluminum Armchair
http://www.modwayfurniture.com/p-571-king-dining-armchair.aspx
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SKU:EEI-545
Available colors:
Silver
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SKU:EEI-545
Available colors:
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SKU:EEI-545
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Modway - King Counter Stool (... 6/27/2013 Case 1:13-cv-03795-JBW-VVP Document 1-6 Filed 07/08/13 Page 7 of 57 PageID #: 319
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Indoor Furniture > Bar and Dining > King Counter Stool
KING COUNTER STOOL
SKU:EEI-540
Available colors:
Silver
Description: The excitement and vigor of our Casper furniture will bring your living and dining spaces to new levels of virility and inspiration. Set Includes: One - King Aluminum Counter Stool
http://www.modwayfurniture.com/p-566-king-counter-stool.aspx
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KING COUNTER STOOL
SKU:EEI-540
Available colors:
Silver
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KING COUNTER STOOL
SKU:EEI-540
Available colors:
Silver
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KING COUNTER STOOL
SKU:EEI-540
Available colors:
Silver
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KING COUNTER STOOL
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Silver
Modway - King Bar Stool (EEI... 6/27/2013 Case 1:13-cv-03795-JBW-VVP Document 1-6 Filed 07/08/13 Page 12 of 57 PageID #: 324
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Indoor Furniture > Bar and Dining > King Bar Stool
KING BAR STOOL
SKU:EEI-541
Available colors:
Silver
Description: The excitement and vigor of our Casper furniture will bring your living and dining spaces to new levels of virility and inspiration. Set Includes: One - King Aluminum Bar Stool
http://www.modwayfurniture.com/p-567-king-bar-stool.aspx
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KING BAR STOOL
SKU:EEI-541
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KING BAR STOOL
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Silver
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KING BAR STOOL
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EXHIBIT 25 PAGES SHOWING DEFENDANTS GOOGLE BANNER ADWORDS
emeco kong - Google Search 6/27/2013 Case 1:13-cv-03795-JBW-VVP Document 1-6 Filed 07/08/13 Page 18 of 57 PageID #: 330
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Emeco KONG ARMCHAIR - Emeco Chairs

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EXHIBIT 26 DECEMBER 11, 2012 CEASE & DESIST LETTERTO DEFENDANT MENACHEM GREISMAN

Robert E. Heslin Jeff Rothenberg Kevin P. Radigan Susan E. Farley Nicholas Mesiti Philip E. Hansen* Blanche E. Schiller Wayne F. Reinke David P. Miranda Victor A. Cardona Brett M. Hutton John W. Boger George S. Blasiak
* Patent Agent HK and UK Patent Attorney
PATENTS TRADEMARKS COPYRIGHTS
Attorneys at Law 5 Columbia Circle Albany, New York 12203

Telephone: (518) 452-5600 Facsimile: (518) 452-5579
www.hrfmlaw.com
Writers Direct email: amf@hrfmlaw.com
Kathy Smith Dias David A. Pascarella Alana M. Fuierer Shanna K. Sanders Caroline B. Ahn Kellie S. Fredericks* Andrew K. Gonsalves Erica M. Hines Shahrokh Falati Matthew M. Hulihan Melvin Li* Dmitry Andreev Teige P. Sheehan Rachel Leah Pearlman Kristian E. Ziegler Jacquelyn A. Graff
Of Counsel
Jill M. Breedlove Annette I. Kahler
December 11, 2012 Menachem Greisman, President Sugar Stores Inc., d/b/a LexMod 470 Mundet Place Hillside, NJ 07205 Re: Infringement of Emecos Trade Dress Our File No.: 1718.049 VIA FEDERAL EXPRESS
Dear Mr. Greisman: Our firm represents Emeco Industries, Inc. ("Emeco") in its intellectual property matters. We are writing on behalf of Emeco to address the infringement and misappropriation of its intellectual property by your company. As you may know, Emeco is well known as a designer and producer of high-quality aluminum furniture. Emeco invests heavily in its designs and marketing, and most, if not all Emeco products are protected by some form of Federal intellectual property protection, including trademark, copyright and/or patents. It has come to our attention that your company, Sugar Stores Inc., d/b/a LexMod (LexMod), is unlawfully manufacturing, promoting, distributing, offering for sale and/or selling chairs bearing the distinctive design and trade dress of Emeco's world-renowned Navy Chair collection. More specifically, LexMod Sailor Modern Cafe Side Chair, Sailor Modern Cafe Bar Stool and Sailor Modern Cafe Counter Stool (images of which are attached as Exhibit A) as seen on your website are a misappropriation of Emecos 1006 Navy Chair and Navy Barstool and are likely to cause confusion. Emeco owns statutory and common law rights in the design and trade dress of the entire Navy Chair collection, including the iconic 1006 Navy Chair and Navy Barstool. The design has become closely associated with Emeco as its source, and therefore constitutes the proprietary trade dress of Emeco. The distinctive design and image of The Navy Chair is registered with the U.S. Patent and Trademark Office as U.S. Trademark Reg. Nos. 2,511,360 and 3,191,187. Because these registrations are incontestable, they are conclusive proof of Emecos trade dress rights. Emeco is also the owner of U.S. Trademark Reg. No. 3,016,791 for the trademark The
Rochester Office 100 Meridian Centre, Suite 250, Rochester, New York 14618 Telephone: (585) 288-4832 Facsimile: (585) 288-2010
Case 1:13-cv-03795-JBW-VVP Document 1-6 Filed 07/08/13 Page 24 of 57 PageID #: 336 Menachem Greisman, President Sugar Stores Inc., d/b/a LexMod December 11, 2012 Page 2 Navy Chair. Copies of the relevant trademark registrations are attached as Exhibit B for your convenience. LexMod's selection of Emecos distinctive trade dress can only lead to the conclusion that it is attempting to capitalize on and profit from the goodwill and reputation of Emeco by misappropriating its registered trade dress. LexMod's intent is further evidenced by the obvious selection of the name "Sailor" as a means for creating an affiliation with Emeco's "Navy Chair." Specifically, LexMod's use of Emecos trade dress creates confusion as to the source, sponsorship and/or affiliation of the chairs, both before and after the point of sale, and/or is likely to cause mistake, and/or is likely to deceive the public. The intentional selection of the name "Sailor" serves to bolster this confusion. Your actions constitute, inter alia, violations of 15 U.S.C. 1114 and 1125 (the Lanham Act), common law unfair competition and misappropriation, false advertising, and dilution under State and Federal Law. In addition to corporate liability, any corporate officer or director who knowingly participates in, sanctions, aids or abets any infringement or unfair competition is personally liable for any and all damages, including but not limited to reasonable attorneys fees in an exceptional case. As you can appreciate, Emeco invests a great deal of its time and resources developing and marketing its designs, and it has a firm policy of guarding its intellectual property from unauthorized use by others. Emeco has vigorously sought to protect its valuable reputation and intellectual property and when necessary has pursued legal action to achieve its goal. In fact, Emeco has already litigated its rights in the Navy Chair against other copyists, and is prepared to authorize future litigations to protect its rights. In view of the above, we demand that you: (1) Immediately and permanently cease all manufacturing, promoting, distributing, reproducing, displaying, offering for sale, and/or selling of the Sailor Modern Cafe Side Chair, Sailor Modern Cafe Bar Stool and Sailor Modern Cafe Counter Stool and/or any other chairs that infringe or copy Emecos trade dress or trademarks;1 Immediately withdraw from circulation all catalogues and all other advertisements, including website advertisements, containing the Sailor Modern Cafe Side Chair, Sailor Modern Cafe Bar Stool and Sailor Modern Cafe Counter Stool and/or any other chairs that infringe or copy Emecos trade dress or trademarks;2 Provide us with an accounting of all Sailor Modern Cafe Side Chair, Sailor Modern Cafe Bar Stool and Sailor Modern Cafe Counter Stool, and/or any other
(2)
(3)
This includes all promotion, distribution, display, offers for sale, and/or sales through third party online and/or brick and mortar retailers. By way of example only, see Exhibit C. 2 See fn. 1.
1 Rochester Office 100 Meridian Centre, Suite 250, Rochester, New York 14618 Telephone: (585) 288-4832 Facsimile: (585) 288-2010
Case 1:13-cv-03795-JBW-VVP Document 1-6 Filed 07/08/13 Page 25 of 57 PageID #: 337 Menachem Greisman, President Sugar Stores Inc., d/b/a LexMod December 11, 2012 Page 3 reproductions of the Navy Chair collection, that LexMod has sold in the United States, including the number of units sold, the manufacturing costs and selling price; and (4) Immediately cancel all outstanding orders for and recall and destroy all existing Sailor Modern Cafe Side Chair, Sailor Modern Cafe Bar Stool and Sailor Modern Cafe Counter Stool in its custody or control, and/or any other reproductions of the Navy Chair collection that infringe or copy Emecos trade dress or trademarks.
Since this matter has now been brought to your attention, we request your response by December 21, 2012. With that response, we hope to be in a position to reduce these terms to a written agreement between the parties and amicably conclude this matter. The above demands are made without prejudice to all of the rights, remedies and causes of action that Emeco has, including recovery of damages, injunctive relief and attorneys' fees. We look forward to your prompt response. Very truly yours, HESLIN ROTHENBERG FARLEY & MESITI P.C.
Alana M. Fuierer Susan E. Farley

Enclosures
Rochester Office 100 Meridian Centre, Suite 250, Rochester, New York 14618 Telephone: (585) 288-4832 Facsimile: (585) 288-2010
EXHIBIT A
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Reta il Price : $255.00 Sale Price : $199.00

./ Modern din ing chair ./ Hollow brushed alum inum

Dining Furniture
./ Can b e used outdoors

Modern Desks Modern Office Chairs Outdoor Collection Kids' Chairs Novelty Chairs
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./ Modern din ing chair ./ Hollow brushed alum inum

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Submit your email address and join Sugar store mailing list: Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. The Sailor Modern Cafe Counter Stool in brushed aluminum will bolster your sense of advancement and adventure.
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Sailor Modern Cafe Bar Stool in Brushed Aluminum

Code:174-SLV
Retail Price: $297 .00 Sale Price : $249.00

./ Brushed Aluminum ./ For Indoor

Dining Furniture
or Outdoor Use
Lightweight

./ Plastic Non-Marking Feet

~
Fully Assembled
Quantity:
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Submit your email address and join Sugar store mailing list: Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with discernment. The Sailor Modern Cafe Bar Stool in brushed aluminum will bolster your sense of advancement and adventure.
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This item is a high quality reproduction of the origina l.

Set Includes: One - Sailor Modem Cafe Bar Stool
Overall Product Dimensions: 21"L x 16.5"W x 42.5"H Seat Height: 30"H
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Sailor Modem Cafe Bar Stool in Brushed Alumimun EEI-174-SLV by ...
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===buef_fq=_
Int. Cl.: 20
Prior U.S. Cis.: 2, 13, 22, 25, 32 and 50 Reg. No. 2,511,360

TRADEMARK
PRINCIPAL REGISTER
EMECO INDUSTRIES, INC. (PENNSYLVANIA CORPORATION) 805 ELM A VENUE HANOVER, PA 17331 FOR: CHAIRS, IN CLASS 20 (U.S. CLS. 2, 13, 22, 25, 32 AND 50). FIRST USE 0-0-1978; IN COMMERCE 0-0-1978.
THE MARK IS A CHAIR CONFIGURATION WITH A SCULPTURE-LIKE, ONE-PIECE DESIGN. SEC. 2(F). SER. NO. 75-486,564, FILED 5-18-1998. JENNIFER KRISP, EXAMINING ATTORNEY
Int. CI.: 20 Prior U.S. Cis.: 2, 13, 22, 25, 32 and 50 Reg. No. 3,016,791

TRADEMARK
PRINCIPAL REGISTER
THE NAVY CHAIR

EMECO INDUSTRIES, INC. (PENNSYLVANIA CORPORATION) 805 ELM AVENUE HANOVER, PA 17331 FOR: CHAIRS, IN CLASS 20 (U.S. CLS. 2, 13, 22, 25, 32AND 50). FIRST USE 1-0-1999; IN COMMERCE 1-0-1999. RONALD AIKENS, EXAMINING ATTORNEY SEC. 2(F).
SER. NO. 76-572,574, FILED 1-27-2004.
EXHIBIT C
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Product Description
Sailor Aluminum Side Chair
Ass embled
The Aluminum side chair is made of brushed aluminum in a dipped anodized finish , giving it a classic naval-inspired look.
Added o n Septerrber 10, 2012
Metal Metallic
Modern Semi-circle
Casua l
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Amazon.com: LexMod Sailor Modem Cafe Side Chair Set in Brushed ...
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~ :~ $120.00
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Ships from and sold by .L.i:li.M.w1. Ordering for Christmas? Based on the shipping schedule of LexMod, choose Standard at checkout for delivery by December 24. See LexMod shipping details. Modern dining chair Hollow brushed aluminum Can be used outdoors and lightweight Plastic-non marking feet and fully assembled
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Also available as a bar or counter stool
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Amazon's Chair Store Am azon's Cba jr Store show cases hundreds of styles of chairs for any room in your home, including djnjng cbajrs , kjtcben cbajrs , liY.in.g room cbajrs , desk cbajrs , fo lding cbajrs , and more.

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Product Dimensions: 19 x 33 x 15 inches ; 20 pounds Shipping Weight: 20 pounds ( Vi ew shiPPing rat es and poli cies) Shipping: Currently, item can be shipped only within the U.S. Shipping Advisory: This item must be shipped separately from other items in your order. Additional shipping charges will not apply. ASIN: B008VAVDMU Item model number: EEI-882 Average Customer Review: Be th e fi rst t o review thi s item Did we miss any relevant features for this product? Tell us what we missed. Would you like to give feedback on images or tell us about a lower price?
Product Description
Nourish a trademark keenness for moving forward with a sincere and confident posture. The ultimate instrument of progress is the ability to lead with
1 of3
12/5/2012 12:50 PM

discernment. The Sailor Modern Cafe Chair in brushed aluminum will bolster your sense of advancement and adventure. Two- Sailor Modern Cafe Side Chairs Overall Dimensions: 19"L x 15"W x 33"H Seat Dimensions: 15"L x 15.5''W x 18"H
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Sa il or Modern Cafe Bar Stool Set in Brushed Aluminum $498.00
Sai lor Modern Cafe Counter Stool in Brushed Aluminum $239.00
Sa il or Modern Cafe Bar Stool in Brushed Aluminum $249.00
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Case 1:13-cv-03795-JBW-VVP Document 1-6 Filed 07/08/13 Page 46 of 57 PageID #: 358 Jean S. King
From: Sent: To: Subject: trackingupdates@fedex.com Wednesday, December 12, 2012 9:26 AM Mary Jane Kemnitz FedEx Shipment 794275796311 Delivered
________________________________________________________________________________ This tracking update has been requested by: Company Name: Name: E-mail: Heslin Rothenberg Farley & Mesiti Mary Jane Kemnitz 'not provided by requestor'
________________________________________________________________________________ Our records indicate that the following shipment has been delivered: Reference: Ship (P/U) date: Delivery date: Sign for by: Delivery location: Delivered to: Service type: Packaging type: Number of pieces: Weight: Special handling/Services: Tracking number: Shipper Information Mary Jane Kemnitz Heslin Rothenberg Farley & Mesiti 100 Meridian Centre, Suite 250 Rochester NY US 14618 1718.049 Dec 11, 2012 Dec 12, 2012 9:19 AM J.SUAREZ HILLSIDE, NJ Shipping/Receiving FedEx 2Day FedEx Envelope 1 0.50 lb. Deliver Weekday 794275796311 Recipient Information Menachem Greisman, President Sugar Stores Inc., d/b/a LexMod 470 Mundet Place HILLSIDE NJ US 07205
Please do not respond to this message. This email was sent from an unattended mailbox. This report was generated at approximately 8:26 AM CST on 12/12/2012. To learn more about FedEx Express, please visit our website at fedex.com. All weights are estimated. To track the latest status of your shipment, click on the tracking number above, or visit us at fedex.com.
1

This tracking update has been sent to you by FedEx on the behalf of the Requestor noted above. FedEx does not validate the authenticity of the requestor and does not validate, guarantee or warrant the authenticity of the request, the requestor's message, or the accuracy of this tracking update. For tracking results and fedex.com's terms of use, go to fedex.com. Thank you for your business.
EXHIBIT 27 COPY OF JANUARY 4, 2013 LETTER TO DEFENDANT MENACHEM GREISMAN

Robert E. Heslin jeff Rothenberg Kevin P. Radigan Susan E. Farley Nicholas Mesiti Philip E. Hansen* Blanche E. Schiller . Wayne F. Reinke David P. Miranda Victor A. Cardona Brett M. Hutton john W. Boger George S. Blasiak
HESLIN ROTHENBERG MESITI P.C. FARLEY
&
INTELLECTUAL PROPERTY LAW

Attorneys at Law 5 Columbia Circle Albany, New York 12203 Telephone: (518) 452-5600 Facsimile: (518) 452-5579 www.hrfmlaw.com Writer's direct email: amf@hrfmlaw.com
Kathy Smith Dias David A. Pascarella Alana M. Fuierer Shanna K. Sanders Caroline B. Ahn Kellie S. Fredericks* Andrew K. Gonsalves Erica M. Hines Shahrokh Falati Matthew M. Hulihan Melvin Li*t Teige P. Sheehan Rachel Leah Pearlman Kristian E. Ziegler jacquelyn A. Graff
Of Counsel
* Patent Agent
f!K and UK Patent Attorney
Jill M. Breedlove
Annette I. Kahler
' CONFIDENTIALITY NOTICE THE PAGES COMPRISING THIS FACSIMILE TRANSMISSION CONTAIN CONFIDENTIAL INFORMATION FROM HESLIN ROTHENBERG FARLEY & MESITI P.C. THIS INFORMATION IS INTENDED SOLELY FOR USE BY THE INDIVIDUAL ENTITY NAMED AS THE RECIPIENT HEREOF. IF YOU ARE NOT THE INTENDED RECIPIENT, BE AWARE THAT ANY DISCLOSURE, COPYING, DISTRIBUTION, OR USE OF THE CONTENTS OF THIS TRANSMISSION IS PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE NOTIFY US BY TELEPHONE IMMEDIATELY. ***PLEASE DELIVER IMMEDIATELY***
URGENT
Date: From: No. of Pages: January 4, 2013 Alana M. Fuierer, Esq.
8
(Including this Page)
______ fax No.:

To:
1-888-443-7151.
Mr. M. Greisman, President Sugar Stores Inc., d/b/a LexMod
Re:
Infringement ofEmeco's Trade Dress Our File: 1718.049
Message:
Please see attached letter and enclosures. Ifthere is a problem with delivery please contact our office and leave your email and phone number. Please confirm receipt of this facsimile. Thank you.
Rochester Office- 100 Meridian Centre, Suite 250, Rochester, New York 14618 -Telephone: (585) 288-4832- Facsimile: (585) 288-2010
! r,
Robert E. Heslin jeff Rothenberg Kevin P. Radigan Susan E. Farley Nicholas Mesiti Philip E. Hansen* Blanche E. Schiller Wayne F. Reinke David P. Miranda Victor A. Cardona Brett M. Hutton john W. Boger George S. Blasiak
HESLIN ROTHENBERG MESITI P.C. FARLEY
&
INTELLECTUAL PROPERTY LAW

Attorneys at Law 5 Columbia Circle Albany, New York 12203 Telephone: (518) 452-5600 Facsimile: (518) 452-5579 www.hrfmlaw.com Writer's direct email: amf@hrfmlaw.com
Kathy Smith Dias David A. Pascarella Alana M. Fuierer Shanna K. Sanders Caroline B. Ahn Kellie S. Fredericks* Andrew K. Gonsalves Erica M. Hines Shahrokh Falati Matthew M. Hulihan . Melvin Li*t Teige P. Sheehan Rachel Leah Pearlman Kristian E. Ziegler jacquelyn A. Graff
Of Counsel jill M. Breedlove Annette I. Kahler
Patent Agent t HK and UK Patent Attorney
January 4, 2013 Via Facsimile: 1-888-443-7151 and Email Menachem Greisman, President Sugar Stores Inc., d/b/a LexMod 470 Mundet Place Hillside, NJ 07205 Re:
InfriYJgement of Emeco ;s Trade Dress OurFileNo.: 1718.049
Dear Mr. Greisman: I am writing in furtherance of our letter dated pecember 11, 2012, to which we have yet to receive a response. Despite y_our failure to respond by_therequest~d d~:tte _ofPecember 21, 2012, we rec~ntly confirmed that LexMod had removed. the infringing products LexMod Sailor Modern Cafe Side Chair, Sailor Modern Cafe Bar Stool and Sailor Modern Cafe Counter Stool from the LexMod official website. Thank you. We note, however, that the infringing products still remain on third party websites, such as Amazon.com (see attached). As you may or may not be aware, Emeco recently filed a lawsuit against Restoration Hardware for selling products that infringe Emeco's trade dress and trademark rights in its Navy Chair collection. See Emeco Industries, Inc. v. Restoration Hardware, Inc. et al., Case No. CV i2-05072 MMC (N.D. Cal. 2012). Following Emeco's filing of its lawsuit and its motion for a preliminary injunction, Restoration Hardware ceased selling the knock-offNavy Chairs. Similarly, Emeco has taken action against other infringers, obtaining consent judgments and injunctions barring competitors from distributing and/or selling products that infringe Emeco's Navy Chair products and others. Emeco is prepared, if necessary, to take similar action against LexMod. To avoid a protracted legal action, however, Emeco is willing to make one more attempt to resolve this matter in an amicable manner. To do so, LexMod must:
Rochester Office- 100 Meridian Centre, Suite 250, Rochester, New York 14618- Telephone: (585) 288-4832- Facsimile: (585) 288;2010

Menachem Greisman, President Sugar Stores Inc., d/b/a LexMod January 4, 2013 Page 2
1. Immediately remove the infringing chairs from Amazon.com and any other third party websites that are displaying, offering for sale, and/or selling the LexMod Sailor Modern Cafe Side Chair, Sailor Modern Cafe Bar Stool and Sailor Modern Cafe Counter Stool; and
2. Respond, in writing, to this correspondence with a representation that LexMod will no longer display, offer for sale, and/or sell any products that infringe Emeco's trade dress and trademark rights in its Navy Chair collection and/or are substantiqlly similar to the Navy Chair collection; and 3. Provide us with the name and contact information of your supplier/distributor. Please provide us with a written response by January 8, 2013. Depending on that response and your anticipated cooperation, we hope to be in a position to advise our client and amicably conclude this matter.
The above demands are made without prejudice to all of the rights, remedies and causes of action that Emeco has, including recovery of damages, injunctive relief and attorneys'fees.
We look forward to your prompt response. Very truly yours,
HESLIN ROTHENBERG FARLEY & MESITI P.C.
Alana M. Fuierer Susan E. Farley Enclosures
Rochester Office- 100 Meridian Centre, Suite 250, Rochester, New York 14618- Telephone: (585) 288-4832- Facsimile: (585) 288-2010
LexMod I Modern and Mid Century Classics I Order Now!Document Case 1:13-cv-03795-JBW-VVP
http://www.lexmod.con:v'search.aspx?searchterm=sailor 1-6 Filed 07/08/13 Page 52 of 57 PageID #: 364
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Case Document 1-6 http://www.amazon.comls/ref=pd_Ipo_k2_dp_sr_sq_all?ie=UfF8&index Filed 07/08/13 Page 53 of 57 PageID #: 365 ... Afnazon.co~ sailor 1:13-cv-03795-JBW-VVP lexmod
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LexMod Sailor Modern Cafe Bar Stool, Brushed Aluminum by

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Arnazon.com: sailor1:13-cv-03795-JBW-VVP lexmod Case
... Document 1-6 http://www.amazon.comls/ref=pd_lpo_k2_dp_sr_sq_all?ie=UfF8&index Filed 07/08/13 Page 54 of 57 PageID #: 366
LexMod Sailor Modern Cafe Side Chair, Brushed Aluminum by Lexington

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Case 1:13-cv-03795-JBW-VVP Document 1-6 Afuazon.com: LexMod Sailor Modern Cafe Bar Stool, Brushed Aluminum ...
Filed 07/08/13 Page 55 of 57 PageID #: 367 http://www.amazon.coriv'LexMod-Sailor-Modern-Brushed-Aluminum/dp ...
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LexMod Sai Ior Modern Cafe Bar Stool, Brushed Aluminum

by LeXington Modern
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Ships from and sold by Manhattan Designer prodycts. Brushed aluminum For indoor or outdoor use Lightweight Plastic Non-Marking Feet Fully assembled

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Sandra Bar Stool, SWIVEL I METAL. BRUSHED ALUMINM
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$179.00
Sandra Bar Stool, NONSWVL I METAL, BRUSHED ALUMINM (3)
LexMod Sailor Modern Cafe Counter Stool, Brushed Aluminum
Modern Cafe Counter Stool in Brushed Aluminum
$125.00
$199.00
$179.00

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Product Dimensions: 20 x 44 x 18 inches ; 10 pounds
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Amazon. com: LexMod Sailor Modern Cafe Bar Stool, Brushed Aluminum ... http://www.amazon.conv'LexMod-Sailor-Modern-Brushed-Aluminum/dp ... Case 1:13-cv-03795-JBW-VVP Document 1-6 Filed 07/08/13 Page 56 of 57 PageID #: 368
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More Amazon.com Search Results for "sailor lexmod" LexMod Sailor Aluminum Side Chair, Polished Aluminum Buy new: $460,.00 $195.00 2 \Jsed & new from $195.00 LexMod Sailor Modern Cafe Counter Stool, Brushed Aluminum Buy new: $550,00 $199.00 3 \Jsecj & new from $199.00
Q. .... . Side ~hair Set in Brushec :. . Alummum

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Buy new: $5W.OO $398.00 1 \Jsed & new from $398.00 See all 7 re~
LexMod Sailor Modern C<
LexMod Sai Ior Modern Cafe Bar Stool, Brushed Aluminum

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Page 1
Sandra Bar Stool, SWIVEL I METAL, BRUSHED ALUMINM
Sandra Bar Stool, NONSWVL I METAL, BRUSHED
LexMod Sailor Modern Cafe Counter Stool, Brushed
Modern Cafe Counter Stool in Brushed Aluminum
1 of4
112/2013 11:39 AM
01 / 04/2013 16:00 FAX
141001
*************************** *** ACTIVITY REPORT *** ***************************

ST. TIME 111/15 11115 111 / 20 111 / 26 111126 111126 111 / 26 111/26 or.l1130 111130 11130 112/02 112/04 112/ 04 112/04 112/05 112/06 112/ 07 112/11 12 / 12 12/14 12 / 17 12/19 16:16 21:22 11:28 09:54 10:23 12:24 12:42 12:44 05:23 05 :24 05:25 21:56 13:03 19:00 19:04 11:28 14:19 15:11 17:06 16:30 09:47 19:09 09:47 DESTINATION TEL/ ID 9p011861062385057pppp3184 62385057 +49 89 538860922 +49 89 538860922 9p0114989538860pppp3454 9p0114989538860922pppp3454 9p0114989538860922pppp3454 62385057 62385057 62385057 62385057 518 452 5579 NO. 0054 5187 5188 5189 5190 0055 0056 0057 5191 5192 5193 5194 5195 5196 5197 5198 5199 5200 0058 5201 5202 5203 0059 TRANSMIT AUTO RX AUTO RX AUTO RX AUTO RX TRANSMIT TRANSMIT TRANSMIT AUTO RX AUTO RX AUTO RX AUTO RX AUTO RX AUTO RX AUTO RX AUTO RX AUTO RX AUTO RX TRANSMIT AUTO RX AUTO RX AUTO RX TRANSMIT
~lODE
PGS. ECM ECM ECM ECM ECM

3 OK
RESULT OK OK OK OK NG 0 OK OK OK OK OK OK OK NG 0 OK OK OK OK OK OK OK OK NG 0 00 ' 49 00'24 00'28 00'19 00'19 00'00 #0018 00'23 00'25 00 ' 25 00'28 00'24 00'22 00'26 00'43 00'57 00'36 00'21 00'23 02'03 03'32 00'25 01'22 01'07 01'01 0 01'03 0 01'02 0 01'25 0 00'39 0 00'00 #0018 00'53 00'24 00'22 00'28 01'39 01'33 00'43 00'23 00'44 00'20 01'15
1 1 1 1 0 2 2 1 1 1 1 1 0 2 2 1 1 5 2 1 1 0
ECM ECM ECM ECM ECM ECM ECM
52088387 518 452 5579 5167073092 518 452 5579 9p18017651992pppp1718 518 452 5579 518 452 5579 9p011525552088387pppp3184 9p011525552088387pppp3184 9p011525552088387pppp3184 9p011525552088507pppp3184 9p011525552088507pppp3184 9p011525552088387pppp3184 9p011525552088387pppp3184
ECM ECM ECM ECM G3 ECM ECM G3 G3 G3 G3 G3 G3
12 / 19 09:51 12/19 09:59 12/19 10:25 12/19 10:29 12/19 11:05 12 / 19 11:09 12/20 12 / 24 12 /2 4 12 / 24 12 / 28 12/28 12/30 01 / 02 01 / 02 01 / 04 01 / 04 20:48 05:41 05:42 05:44 14:53 16:39 10:16 09:58 20:51 11:00 15:58
0059 TRANSMIT 0060 TRANSMIT 0061 TRANSMIT 0061 TRANSMIT 0062 TRANSMIT 0062 TRANSMIT 5204 5205 5206 5207 5208 5209 5210 5211 5212 5213 0063 AUTO RX AUTO RX AUTO RX AUTO RX AUTO RX AUTO RX AUTO RX AUTO RX AUTO RX AUTO RX TRANSMIT
0 NG 0 NG 0 NG 0 NG 0 NG 0 NG 0
62385057 62385057 62385057 518 452 5579 518 452 5579
9p18884437151pppp1718
ECM ECM ECM ECM ECM ECM ECM ECM ECM ECM ECM
-~ I ~
3 1 1 1 3 3 1 1 1 1 8
OK OK OK OK OK OK OK OK OK OK OK

Emeco v. East End - Complaint

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Emeco v. East End - Complaint

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Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 1 of 57 PageID #: 1

Civil Action No. ______________ JURY TRIAL DEMANDED

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 2 of 57 PageID #: 2

Emecos 1006 Navy Chair

Defendants' Sailor Chair1

Emecos 111 Navy Chair

Defendants' Navy Chair2

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 3 of 57 PageID #: 3

http://www.modwayfurniture.com/popup.aspx?src=/images/product/large/EEI-219-RED_1_.jpg, accessed and downloaded on June 27, 2013.

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 4 of 57 PageID #: 4

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 5 of 57 PageID #: 5

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 6 of 57 PageID #: 6

The second-level Internet domains for East End Imports,

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 7 of 57 PageID #: 7

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 8 of 57 PageID #: 8

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 9 of 57 PageID #: 9

1006 Navy Chair

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 10 of 57 PageID #: 10

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 11 of 57 PageID #: 11

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 12 of 57 PageID #: 12

outline of the chair as the companys official logo:

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 13 of 57 PageID #: 13

Emeco sells a number of commercial goods incorporating the patented design

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 14 of 57 PageID #: 14

The 173 Patent covers the following ornamental design of a chair.

Emeco sells a number of commercial goods incorporating the patented design

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 15 of 57 PageID #: 15

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 16 of 57 PageID #: 16

Hirsch is the website administrator and registrant for

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 17 of 57 PageID #: 17

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 18 of 57 PageID #: 18

In addition to the websites owned and operated by Defendants, as identified

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 19 of 57 PageID #: 19

http://www.modwayfurniture.com/popup.aspx?src=/images/product/large/EEI-172-SLV_1_.jpg, accessed and downloaded on June 27, 2013

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 20 of 57 PageID #: 20

Emeco's 111 Navy Chair

Defendants' Navy Chair6

Defendants' Sailor Barstool8

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 21 of 57 PageID #: 21

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 22 of 57 PageID #: 22

products in the wholesale market to distributors.

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 23 of 57 PageID #: 23

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 24 of 57 PageID #: 24

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 25 of 57 PageID #: 25

Emecos Kong Chair

Defendant Modway's Casper Chair9

Emecos Kong Arm Chair

Defendant LexMod's Ghost" Arm Chair10

Emecos Kong Arm Chair

Defendants' King" Arm Chair11

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 26 of 57 PageID #: 26

As seen above, a minor difference that sometimes occurs between Defendants'

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 27 of 57 PageID #: 27

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 28 of 57 PageID #: 28

Consumers are highly likely to confuse the source, association, affiliation,

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 29 of 57 PageID #: 29

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 30 of 57 PageID #: 30

By contrast, it takes Emeco approximately 2 to 4 years to design, prototype,

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 31 of 57 PageID #: 31

Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 32 of 57 PageID #: 32

Defendants' Glove Chair

Arne Jacobsens The Egg

Defendants Philippe Stark Ghost Chair

Authentic Philippe Stark Ghost Chair

7YWER *EVPI] Signature: _ _ _ _) __ _ _ _ _ _ _ _ _ _ _ __