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Hickies v. Source Advantages et. al.

Hickies v. Source Advantages et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. None: Hickies, Inc. v. Source Advantages, LLC et. al. Filed in U.S. District Court for the Eastern District of New York, no judge yet assigned. See http://news.priorsmart.com/-l9dn for more info.
Official Complaint for Patent Infringement in Civil Action No. None: Hickies, Inc. v. Source Advantages, LLC et. al. Filed in U.S. District Court for the Eastern District of New York, no judge yet assigned. See http://news.priorsmart.com/-l9dn for more info.

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Published by: PriorSmart on Sep 27, 2013
Copyright:Public Domain

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09/27/2013

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IN THE UNITED STATES DISTRICT COURTEASTERNDISTRICT OF NEW YORK ------------------------------------------------------------------------HICKIES, INC.,Plaintiff,v.SOURCE ADVANTAGES, LLC and RED CARPETSTUDIOS, LLC,Defendant.-----------------------------------------------------------------------X:::::::::XCase No.ECF CaseTrial by Jury DemandedCOMPLAINT
Plaintiff, Hickies, Inc. (“Plaintiff”), by and through its attorneys, for its complaint againstDefendants Source Advantages, LLC and Red Carpet Studios, LLC(jointly “Defendants@),alleges as follows:
NATURE OF ACTION
1.In this action, Plaintiffseeks injunctive relief, lost profits, damages, costs, and attorneys’fees for Defendants’acts of willful patent infringement, willful trade dress infringement, falsedesignation of origin, false descriptions, unfair competition, deceptive trade practices, and intentto deceive under the Lanham Act, and common law and statutes of the State of New York.
JURISDICTION AND VENUE
2.This Court has original jurisdiction of this action pursuant to 15 U.S.C. §1121,28 U.S.C.§§1331 and 1338, and 35 U.S.C. §281.3.Upon information and belief, Defendantsregularlyand systematically contract to supplygoods and transact business in New York and within this judicial district, and the tortious acts of 
 
-2-Defendantscomplained of in this Complaint, including, without limitation, the offer for sale,advertisement, and sale of Defendants’infringing goods, have been and continue to becommitted, and have caused harm to Plaintiff within this judicial district. Without limitation,Defendants maintain an interactive web site, though which Defendants sell the infringing goodsat issue in this case. Accordingly, personal jurisdiction exists over Defendantspursuant to CPLR §§301 and 302.4.Venue is proper in this district pursuant to 28 U.S.C. §§ 1391 and 1400.
THE PARTIES
5.Plaintiffis a corporation duly organized and existing under the laws of the State oDelaware, having its principal place of business in Brooklyn, New York.6.Upon information and belief, DefendantSource Advantage LLCis a limited liabilitycompanyduly organized and existing under the laws of the State of Ohio
,
having its principal place(s) of business in Cincinnati,Ohio.7.Upon information and belief, DefendantRed Carpet Studios, LLCis a limited liabilitycompany duly organized and existing under the laws of the State of Ohio
,
having its principal place(s) of business in Cincinnati,Ohio.8.Upon information and belief, Defendants are related entities, sharing a business addressand officers, directors, and/or shareholders.
 
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-GENERAL ALLEGATIONSPlaintiff’s Patent
9.Plaintiffis in the business of,
inter alia,
creating, manufacturing, distributing, marketing,and selling elastic shoe laces(“Plaintiff’s Products” or the “Products”).10.Plaintiff is the record owner of U.S. Patent No. D686909 for a “fastening device” (the“Patent”), issued July 30, 2013.A copy of the Patent is attached to this Complaint as Exhibit 1.11.Plaintiff has owned the Patent at all times relevant to this action.12.The Patent claims and protects the “ornamental design for a fastening device,” namelyPlaintiff’s elastic shoes laces.13.The Patent is valid.14.Without the authorization or consent of Plaintiff,Defendants aremaking, using, and/or selling products which infringe the Patent (the “Infringing Products”).More specifically,Defendants are making, using, and/or selling nearly indistinguishable copies of Plaintiff’sProducts.15.Defendants areselling the Infringing Products through,
inter alia,
through its websitehttp://www.rcsgifts.com/index.htm(the “Website”).
Plaintiff’s Trade Dress
16.Plaintiff’s Products are sold in distinctive packaging. The overall visual impressioncreated by the packaging shall be referred to as Plaintiff’s Trade Dress” or the “Trade Dress.”

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