Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
English Riding Supply v. International Riding Helmets

English Riding Supply v. International Riding Helmets

Ratings: (0)|Views: 25|Likes:
Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 3:13-cv-06020-MAS-TJB: English Riding Supply, Inc. v. International Riding Helmets, Inc. Filed in U.S. District Court for the District of New Jersey, the Hon. Michael A. Shipp presiding. See http://news.priorsmart.com/-l9hu for more info.
Official Complaint for Patent Infringement in Civil Action No. 3:13-cv-06020-MAS-TJB: English Riding Supply, Inc. v. International Riding Helmets, Inc. Filed in U.S. District Court for the District of New Jersey, the Hon. Michael A. Shipp presiding. See http://news.priorsmart.com/-l9hu for more info.

More info:

Published by: PriorSmart on Oct 11, 2013
Copyright:Public Domain

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

02/20/2014

pdf

text

original

 
 ADAM K. DERMANMELISSA A. SALIMBENEWOLFF & SAMSON PCOne Boland DriveWest Orange, New Jersey 07052Telephone: (973) 325-1500Facsimile: (973) 325-1501Attorneys for Plaintiff English Riding Supply, Inc.
4187794.3
UNITED STATES DISTRICT COURTDISTRICT OF NEW JERSEY
ENGLISH RIDING SUPPLY, INC.,Plaintiff,vs.INTERNATIONAL RIDING HELMETS,INC.,Defendant.Civil Action No.:
COMPLAINTJury Trial Demanded
 Plaintiff English Riding Supply, Inc. (“ERS”), located at 520 Kane Street, Scranton,Pennsylvania, by way of complaint against the Defendant International Riding Helmets, Inc.(“Defendant”), says:
NATURE OF ACTION
1.
 
This is an action for patent infringement, trade dress infringement, unfaircompetition, false advertising and other relief arising under the laws of the United States,specifically 35 U.S.C.A. § 271 (the Patent Act), 15 U.S.C. § 1125 (the Lanham Act), and thelaws of the State of New Jersey, as a result of Defendant’s manufacturing, distributing, selling,advertising and marketing of horseback riding helmets that are imitations of ERS’s original,patented and/or highly distinctive horseback riding helmets.
 
 2
4187794.3
THE PARTIES
2.
 
Plaintiff ERS is a corporation organized and existing under the laws of the Stateof Delaware with its principal place of business located at 520 Kane Street, Scranton,Pennsylvania.3.
 
Upon information and belief, Defendant International Riding Helmets, Inc. is acorporation organized and existing under the laws of the State of New Jersey with its principalpace of business located at 21 Industrial Drive, Cliffwood Beach, New Jersey.
JURISDICTION AND VENUE
4.
 
This Court has subject matter jurisdiction over this action pursuant to 35 U.S.C.§ 271 and 28 U.S.C. §§ 1331 and 1338 because ERS’s claims arise under the patent andtrademark laws of the United States. This Court also has supplemental jurisdiction pursuant to28 U.S.C. §§ 1338(b) and 1367 over ERS’s claims that arise under the laws of the State of NewJersey.5.
 
This Court has personal jurisdiction over the parties to this action because (i)ERS’s claims arise in this judicial district, and (ii) Defendant is incorporated in, has itsprincipal place of business in and does business in this judicial district.6.
 
Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391 becauseDefendant is incorporated in, has its principal place of business in and does business in this judicial district, witnesses and evidence are located within this judicial district, and the actscomplained of herein have taken place in this judicial district.
FACTUAL SUMMARYA.
 
ERS’s Trade Dress and Design Patent Rights
7.
 
ERS is an independent company that markets and sells horseback ridingproducts, apparel and equipment, including horseback riding helmets, to retailers throughout
 
 3
4187794.3
the United States and abroad. Since its formation, ERS has sold millions of dollars worth of horseback riding products, apparel and equipment and, as a result, ERS has developed a strongreputation in the horseback riding products market in the United States.8.
 
Many of ERS’s horseback riding products, apparel and equipment featuredistinctive designs and trade dress which customers have come to associate with ERS andERS’s product lines.9.
 
Among the lines of products ERS markets and sells, are ERS’s popular
Ovation
 and
One-K 
lines of horseback riding helmets. For several years, ERS has marketed and sold its
Ovation Deluxe Schooler 
” horseback riding helmet under the
Ovation
line, and has marketedand sold it “
One-K Defender”
horseback riding
 
helmet under the
One-K 
line.10.
 
ERS’s
Ovation Deluxe Schooler 
and
One-K Defender 
helmets feature distinctivedesigns and trade dress that consumers have come to associate with ERS and its brands.11.
 
Additionally, ERS is the exclusive licensee of U.S. Design Patent No. USD602,640 for “Horseback Riding Helmet,” issued October 20, 2009 (the “Design Patent”),which covers aspects of ERS’s
Ovation Deluxe Schooler 
helmet design. ERS is the exclusivelicensee of the Design Patent through and until the expiration of the Design Patent. A copy of the Design Patent is attached hereto as Exhibit A.

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->