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William M. Yarbrough Foundation, The Et. Al. v. Garcoa Laboratories

William M. Yarbrough Foundation, The Et. Al. v. Garcoa Laboratories

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Published by PatentBlast
William M. Yarbrough Foundation, The et. al. v. Garcoa Laboratories
William M. Yarbrough Foundation, The et. al. v. Garcoa Laboratories

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Published by: PatentBlast on Aug 17, 2013
Copyright:Attribution Non-commercial

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08/17/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF MICHIGANSOUTHERN DIVISION
THE WILLIAM M. YARBROUGHFOUNDATION and ZANFEL LABORATORIES,INC.,Plaintiffs,v.GARCOA LABORATORIES, INC.,DEFENDANT.Case No:Judge:
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiffs, THE WILLIAM M. YARBROUGH FOUNDATION and ZANFELLABORATORIES, INC., ("PLAINTIFFS" or "ZANFEL") by and through their undersignedcounsel, for their Complaint against Defendant, GARCOA LABORATORIES, INC.("DEFENDANT" or "GARCOA") state the following. Allegations made on belief arepremised on the belief that the same are likely to have evidentiary support after areasonable opportunity for further investigation and discovery.NATURE OF THE CASE1. This is an action for patent infringement under the Patent Laws of theUnited States, 35 U.S.C. §1,
et seq 
. ("Federal Patent Act").2. This is also an action for copyright infringement under the FederalCopyright Act of 1976, as amended, 17 U.S.C. §101,
et seq 
. ("Federal Copyright Act").3. This is additionally an action for trademark infringement under theTrademark Laws of the United States, 15 U.S.C. §1051,
et seq 
. ("The Lanham Act").
Case 2:13-cv-05927-CBM-CW Document 1 Filed 08/27/11 Page 1 of 23 Page ID #:1
 
24. This is also an action in law and equity for trade dress infringement, falseadvertising, and false designations of origin and false and misleading descriptions andrepresentations under §43(a) of the Lanham Act.5. This is further an action in for deceptive trade practice in violation ofMichigan's Consumers Protection Act.6. DEFENDANT, in an attempt to unlawfully and willfully profit from thesuccess of ZANFEL'S market leading poison ivy wash, sells a poison ivy wash in directviolation of The Federal Patent Act, The Federal Copyright Act, The Lanham Act, andMichigan Law – among others.7. ZANFEL seeks injunctive and monetary relief to the fullest extent possibleunder The Federal Patent Act, The Federal Copyright Act, The Lanham Act, andMichigan Law, as well as any such other relief as the equities of the case may requireand as this Court may deem just and proper.PARTIES8. THE WILLIAM M. YARBROUGH FOUNDATION is an Illinois not for profitcorporation having a place of business at 77 West Wacker Drive, c/o: Micheal J.Legamaro, Chicago, Illinois 60601-5094.9. ZANFEL LABORATORIES, INC. is an Illinois corporation having a placeof business at 6901 N. Knoxville Avenue, Suite 200, Peoria, Illinois 61614.10. Upon information and belief GARCOA LABORATORIES, INC. is acorporation organized under the laws of Ohio, having a principal place of business at26135 Mureau Road, Suite 100, Calabasas, California 91302.
Case 2:13-cv-05927-CBM-CW Document 1 Filed 08/27/11 Page 2 of 23 Page ID #:2
 
3JURISDICTION AND VENUE11. This Court has original jurisdiction over the subject matter by virtue of atleast one of 15 U.S.C. §§1121 and 28 U.S.C. §§1331, 1338(a), and 1338(b).12. This Court has supplemental jurisdiction over any state law and commonlaw claims under 28 U.S.C. §1367(a).13. This Court has personal jurisdiction over GARCOA LABORATORIES,INC., and venue is proper in this judicial district pursuant to at least one of 28 U.S.C.§§1391(b)(2), 1391(c), 1400(a), and 1400(b). GARCOA LABORATORIES, INC. isactively doing business in this judicial district, and/or has committed certain acts ofpatent infringement, copyright infringement, trademark infringement, trade dressinfringement, false advertising and/or false designations of origin and false descriptionsunder the Lanham Act, in this judicial district. Among other places, GARCOALABORATORIES, INC. makes, distributes, offers for sale, and/or sells Equate, CVS,and/or Walgreens brand poison ivy wash in the State of Michigan. GARCOALABORATORIES, INC. is subject to the personal jurisdiction of this Court and isamenable to service of process pursuant to the Michigan long-arm statute, MI ST600.705 (2003), and Fed. R. Civ. P. 4(e). Requiring GARCOA LABORATORIES, INC. torespond to this action will not violate due process.
Case 2:13-cv-05927-CBM-CW Document 1 Filed 08/27/11 Page 3 of 23 Page ID #:3

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