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Alex and Ani LLC v. Cikovic - Compaint

Alex and Ani LLC v. Cikovic - Compaint

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Published by slburstein
Alex and Ani LLC v. Cikovic - Compaint
Alex and Ani LLC v. Cikovic - Compaint

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Published by: slburstein on Sep 27, 2013
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10/10/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TENNESSEE NORTHERN DIVISIONALEX AND ANI, LLC, d/b/aAlex and Ani,Plaintiff ,v.DEBRA CIKOVIC, d/b/aBelleza Jewelry,Defendant.)))))))))))Civ. Action No. __________ JUDGE___________ JURY TRIAL DEMANDED
COMPLAINT
1. This is an action at law and equity arising under the patent laws of the UnitedStates, Title 35 of the United States Code; the Lanham Act, 15 U.S.C. §§ 1051
et seq.
; and for substantial and related Tennessee and common-law claims.2. Alex and Ani is an American jewelry company based in Rhode Island. At alltimes relevant to this Complaint, Alex and Ani created, manufactured, and distributed adistinctive bangle that is the subject of United States Design Patent No. D498,167 entitled“Expandable Wire Bracelet” (the “’167 Patent”). A copy of this patent is attached hereto atExhibit A.3. The design claimed in the ‘167 patent has become the signature Alex and Anidesign for its distinctive line of Alex and Ani expandable bangles, a design which has achievedsecondary meaning in the United States marketplace.4. Alex and Ani is also the owner of a federal trademark registration (Reg. No.4,153,058) for the ALEX AND ANI mark in connection with Alex and Ani’s jewelry and
Case 3:13-cv-00526 Document 1 Filed 09/03/13 Page 1 of 21 PageID #: 1
 
2accessories lines. A copy of this trademark registration is attached hereto at Exhibit B.5. Through the Belleza Jewelry label, Defendant Debra Cikovic has manufactured,imported, sold, and/or otherwise distributed knockoff bangle bracelets using the ALEX ANDANI mark throughout the United States, and attempted to capitalize on the goodwill of thedistinctive Alex and Ani brand.
THE PARTIES
6. Alex and Ani is a limited liability company organized under the laws of the Stateof Rhode Island with a principal place of business located at 2000 Chapel View Boulevard,Cranston, Rhode Island.7. On information and belief, Cikovic is an individual domiciled in Tennessee. Oninformation and belief, Cikovic has been doing business under the name “Belleza Jewelry” since2011. On information and belief, Cikovic, doing business under the name Belleza Jewelry, isheadquartered in Knoxville, Tennessee.
JURISDICTION AND VENUE
8. This Court has subject matter jurisdiction pursuant to 15 U.S.C. § 1121 and 28U.S.C. § 1338 and, under the principles of supplemental jurisdiction, 28 U.S.C. § 1367.9. As an individual domiciled in Tennessee, Cikovic is subject to personal jurisdiction in Tennessee. Further, acts of infringement giving rise to this cause of actionoccurred in this jurisdiction, as, upon information and belief, Belleza Jewelry is headquartered inKnoxville, Tennessee.10. Venue is proper in this District under 38 U.S.C. §§ 1391(b)(1) and (c)(1) and
Case 3:13-cv-00526 Document 1 Filed 09/03/13 Page 2 of 21 PageID #: 2
 
3§ 1400(b) because Cikovic resides in this Judicial District, has a regular and established place of  business in this District, and acts of infringement were committed in this District. Venue is also proper in this District pursuant to 28 U.S.C. § 1391(b)(2) because a substantial part of the eventsor omissions giving rise to Alex and Ani’s claims occurred in this District.
ALEX AND ANI’S FAMOUS TRADEMARK AND TRADE DRESS
11. Alex and Ani is a manufacturer and distributor of high quality fashion jewelrydesigns that carry self-affirming messages based on the life and experiences of their creator,Carolyn Rafaelian. Alex and Ani manufactures its products in Rhode Island and sells themthrough authorized retailers throughout the United States and internationally.12. Alex and Ani jewelry is made using eco-friendly, recycled materials made entirelyin the United States. Manufacturing in the United States and reusing and recycling materials is anintegral part of Alex and Ani’s mission as a conscious and eco-friendly company.13. Since 1999, the ALEX AND ANI mark has continuously been used in interstatecommerce to identify Alex and Ani jewelry products and to distinguish them from those madeand sold by others.14. On June 5, 2012, the ALEX AND ANI mark was registered in the United StatesPatent and Trademark Office on the Principal Register covering the use of said mark on jewelry,accessories, and retail store services. This registration is outstanding and valid. A copy of thistrademark registration is attached hereto at Exhibit B.15. Alex and Ani’s distinctive bangle bracelets feature a circular, one-piece banglestyle bracelet formed from a single piece of wire from approximately .050 to .064 gauge, the endsof which overlap in part and capture the portion of the wire above and below each end by means
Case 3:13-cv-00526 Document 1 Filed 09/03/13 Page 3 of 21 PageID #: 3

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