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Guidecraft v. Magformers

Guidecraft v. Magformers

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Published by PriorSmart
Official Complaint for Declaratory Judgement in Civil Action No. 2:13-cv-01218-TFM: Guidecraft, Inc v. Magformers, LLC. Filed in U.S. District Court for the Western District of Pennsylvania, the Hon. Terrence F. McVerry presiding. See http://news.priorsmart.com/-l8Yr for more info.
Official Complaint for Declaratory Judgement in Civil Action No. 2:13-cv-01218-TFM: Guidecraft, Inc v. Magformers, LLC. Filed in U.S. District Court for the Western District of Pennsylvania, the Hon. Terrence F. McVerry presiding. See http://news.priorsmart.com/-l8Yr for more info.

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Published by: PriorSmart on Aug 26, 2013
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10/28/2013

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1
IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF PENNSYLVANIA
GUIDECRAFT, INC.,Plaintiff,v.MAGFORMERS, LLC,Defendant.)))))))))))))))Civil Action No. ________________
COMPLAINT(Jury Trial Demanded)
For its complaint against Defendant Magformers, LLC ("Magformers" or “Defendant”),Plaintiff Guidecraft, Inc. (“Guidecraft” or “Plaintiff”) hereby states as follows:
Nature of the Case
1. This is an action for a declaratory judgment of non-infringement of a UnitedStates patent and an action for unfair competition and misconduct in the marketplace under theLanham Act. This action is commenced pursuant to the Declaratory Judgment Act, 28 U.S.C.§ 2201, and arises under the United States patent laws, 35 U.S.C. § 1,
et seq.
and the Lanham Act15 U.S.C § 1051
et seq.
Parties
 2. Plaintiff, Guidecraft is a New York corporation with places of business at 55508State Highway, 19 West, Winthrop, Minnesota, 55396 and 204 Route 17, 2
nd
floor, Tuxedo Park,NY 10987-4410. Guidecraft is a worldwide leader in the design and manufacture of toys,furniture for children, and art and craft products that are designed for children.
 
23.
 
Plaintiff offers to sell and sells its products nationally, internationally, and withinthis judicial district.4.
 
Plaintiff sells toys and other products in this judicial district, including stores suchas USA Baby, located at 2257 Babcock Blvd., Pittsburgh, PA 15237 and All About Kids, locatedat 3043 Washington Rd., McMurray, PA 15317. Plaintiff also offers its products in catalogs thatare distributed throughout the United States including this judicial district.5.
 
Plaintiff further advertises its products and provides customer service and otherservices throughout the world and in this judicial district via its website, www.guidecraft.com.6.
 
On information and belief, Defendant is a Utah limited liability company having aplace of business located at 1440 East 4045, Salt Lake City, Utah 84124.7.
 
On information and belief, Defendant sells its products throughout the UnitedStates and internationally, including in this judicial district.8.
 
On information and belief, Defendant advertises its products in this judicialdistrict, sells its products in this judicial district, and offers to sell its products in this judicialdistrict.9.
 
On information and belief, Defendant sells its products to retailers such asAmazon.com, which sells Defendant’s products in this judicial district and throughout the UnitedStates10.
 
On information and belief, Defendant also advertises its products, offers itsproducts for sale, and sells its products at its website, www.magformers.com.11.
 
On information and belief, Defendant offers to sell its products in this judicialdistrict via its online store at the uniform resource locator (URL)http://www.magformers.com/shop.html.
 
312.
 
On information and belief, Defendant sells its products in this judicial district viaits online store that is available via the internet.13.
 
On information and belief, Defendant sells its products to retailers in this judicialdistrict, such as the Learning Express store located at 4100 William Penn Highway, Monroeville,PA 15146 and the Learning Express store located at 20418 Route 19, Cranberry Township, PA16066.14.
 
On information and belief, Defendant also has offered to sell and sells its productsto national retailers such as Toys “R” Us.
Jurisdiction And Venue
15.
 
This action arises under the patent laws of the United States. 35 U.S.C.§ 1,
et seq.
This Court enjoys subject matter jurisdiction over this controversy pursuant to 28U.S.C. §§ 1331 and 1338, and is empowered to grant declaratory relief pursuant to 28 U.S.C.§ 2201.16.
 
This Court has personal jurisdiction over Defendant because Defendant hasestablished minimum contacts with the forum such that the exercise of personal jurisdiction overDefendant will not offend the traditional notions of fair play and substantial justice.17.
 
Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b) at leastbecause Defendant resides in this judicial district, a substantial part of the events or omissionsgiving rise to these events are located within this judicial district, and Defendant is subject to theCourt’s personal jurisdiction.

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