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Lewis Roca Rothgerber LLP 3993 Howard Hughes Parkway Suite 600 Las Vegas, Nevada 89169
The Defendants are each unlawfully displaying and offering for sale counterfeit paint spray guns and counterfeit paint spray gun reservoirs that infringe upon SATA’s U.S. trademarks and U.S. design patents. Although the Defendants are presently within this judicial district, when the AAPEX trade show ends, the Defendants will leave the United States and return to China and/or Taiwan. Accordingly, in this action, SATA seeks an
, emergency temporary restraining and seizure order, as well as preliminary and permanent injunctive relief and money damages (including, but not limited to, statutory damages), attorneys’ fees, interest, and costs.
JURISDICTION AND VENUE
This is an action for statutory trademark counterfeiting, trademark infringement, false designation of origin, and unfair competition in violation of the Lanham Act, 15 U.S.C. § 1051,
.; for common law trademark infringement and unfair competition; and for patent infringement in violation of 35 U.S.C. § 1,
This Court has subject matter jurisdiction over this action pursuant to 15 U.S.C. §§ 1119 and 1121, and pursuant to 28 U.S.C. §§ 1331, 1338, and 1367, because this action presents questions arising under the trademark and patent laws of the United States to which Congress has granted exclusive subject matter jurisdiction to the federal courts. This Court has supplemental jurisdiction over Plaintiff’s common law claims. 3.
This Court has personal jurisdiction over WENZHOU based upon WENZHOU’s infringing acts of advertising, displaying, and offering paint spray guns, paint spray gun reservoirs, and related products for sale in Las Vegas, Nevada at the AAPEX trade show. 4.
This Court has personal jurisdiction over CMI based upon CMI’s infringing acts of advertising, displaying, and offering paint spray guns and related products for sale in Las Vegas, Nevada at the AAPEX trade show. 5.
This Court has personal jurisdiction over KUANI based upon KUANI’s infringing acts of advertising, displaying, and offering paint spray guns and related products for sale in Las Vegas, Nevada at the AAPEX trade show. 6.
Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b), (c), (d), and 1400(b) because Defendants do business in Nevada, have committed acts of infringement in
Case 2:13-cv-02042-APG-NJK Document 2 Filed 11/06/13 Page 2 of 28