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Speculative Prods. v. Mattson - Complaint

Speculative Prods. v. Mattson - Complaint

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Published by slburstein
Speculative Prods. v. Mattson - Complaint
Speculative Prods. v. Mattson - Complaint

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Published by: slburstein on Aug 19, 2014
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08/20/2014

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COMPLAINT FOR DAMAGES
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JOHNSON & PHAM, LLP Christopher D. Johnson, SBN: 222698 E-mail: cjohnson@johnsonpham.com Christopher Q. Pham, SBN: 206697 E-mail: cpham@johnsonpham.com Hung Q. Pham, SBN: 276613 E-mail:  ppham@johnsonpham.com 6355 Topanga Canyon Boulevard, Suite 326 Woodland Hills, California 91367 Telephone: (818) 888-7540 Facsimile: (818) 888-7544 Attorneys for Plaintiff SPECULATIVE PRODUCT DESIGN, LLC, dba SPECK PRODUCTS
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
SPECULATIVE PRODUCT DESIGN, LLC, dba SPECK PRODUCTS, a California Limited Liability Company, Plaintiff, vs. PATRICK MATTSON, an Individual; STU DISTRIBUTION SERVICES, LLC, a Texas Limited Liability Company; MD5 TECHNOLOGIES, a  business entity of unknown status; and DOES 1-10, Inclusive, Defendants Case No.:
COMPLAINT FOR DAMAGES AND DECLARATORY RELIEF: (1)
 
FEDERAL TRADEMARK INFRINGEMENT [15 U.S.C. § 1114/
 Lanham Act 
 § 43(a)] (2)
 
FALSE DESIGNATION OF ORIGIN/UNFAIR COMPETITION/FALSE OR MISLEADING ADVERTISING [15 U.S.C. § 1125(a)]; (3)
 
TRADEMARK DILUTION [15 U.S.C
 .
 § 1125(c)]; (4)
 
UNFAIR BUSINESS PRACTICES [
CALIFORNIA  BUSINESS & PROFESSIONS CODE 
 § 17200]; (5)
 
FEDERAL COPYRIGHT INFRINGEMENT [17 U.S.C. §
Case 2:14-cv-06465-ODW-PLA Document 1 Filed 08/18/14 Page 1 of 23 Page ID #:1
 
 
COMPLAINT FOR DAMAGES
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501(a)]; (6)
 
COMMON LAW COPYRIGHT INFRINGEMENT [
CALIFORNIA CIVIL CODE 
 § 980 ET SEQ., AND CALIFORNIA COMMON LAW] (7)
 
FEDERAL DESIGN PATENT INFRINGEMENT [35 U.S.C. § 271] DEMAND FOR JURY TRIAL
COMES NOW, Plaintiff SPECULATIVE PRODUCT DESIGN, LLC, dba SPECK PRODUCTS (hereinafter “Plaintiff” and/or “SPECK”), hereby alleges as follows:
PARTIES
1.
 
Plaintiff, is now, and was at the time of the filing of this Complaint, and at all intervening times, a California Limited Liability Company, duly authorized and licensed to conduct business in the State of California, with its  principal place of business located in San Mateo, California. 2.
 
Plaintiff alleges, on information and belief, that Defendant PATRICK MATTSON (“Defendant MATTSON”), is now and was at the time of the filing of this Complaint, an individual doing business in McKinney, Texas. Plaintiff further alleges, on information and belief, that Defendant MATTSON is the owner and operator of STU DISTRIBUTION SERVICES, LLC, and the business of unknown status MD5 TECHNOLOGIES. 3.
 
Plaintiff alleges, on information and belief, that Defendant STU DISTRIBUTION SERVICES, LLC (“Defendant STU”), is now and was at the time of the filing of this Complaint, a Texas Limited Liability Company owned by Defendant MATTSON, doing business at the address of 194 Industrial Boulevard,
Case 2:14-cv-06465-ODW-PLA Document 1 Filed 08/18/14 Page 2 of 23 Page ID #:2
 
 
COMPLAINT FOR DAMAGES
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Suite 102, McKinney, Texas. 4.
 
Plaintiff alleges, on information and belief, that Defendant MD5 TECHNOLOGIES (“Defendant MD5,” collectively “Defendants”), is now and was at the time of the filing of this Complaint, a business entity of unknown status that is a subsidiary of Defendant STU and is also owned by Defendant MATTSON, doing business at the address of 194 Industrial Boulevard, Suite 102, McKinney, Texas. 5.
 
Defendants conduct business in the jurisdiction of the United States District Court for the Central District of California by offering counterfeits goods for sale in Los Angeles, California, that infringes on Plaintiff’s registered trademarks, copyright, and patent. 6.
 
The true names and capacities, whether individual, corporate, associate or otherwise, of Defendants herein named as DOES 1-10, inclusive, are unknown to Plaintiff. Plaintiff therefore sues said Defendants by such fictitious names. When the true names and capacities of said Defendants have been ascertained, Plaintiff will amend this pleading accordingly. 7.
 
Plaintiff further alleges that Defendants, and DOES 1-10, inclusive, sued herein by fictitious names are jointly, severally and concurrently liable and responsible with the named Defendant upon the causes of action hereinafter set forth. 8.
 
Plaintiff is informed and believes and thereon alleges that at all times mentioned herein Defendants, and DOES 1-10, inclusive, and each of them, were the agents, servants and employees of every other Defendant and the acts of each defendant, as alleged herein, were performed within the course and scope of that agency, service or employment.
 JURISDICTION/VENUE
9.
 
This Court has Federal subject matter jurisdiction over this matter  pursuant to 28 U.S.C.
 
§§ 1331 and 1338(a) and (b), in that the case arises out of
Case 2:14-cv-06465-ODW-PLA Document 1 Filed 08/18/14 Page 3 of 23 Page ID #:3

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