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Gatten et. al. v. Gatten et. al.

Gatten et. al. v. Gatten et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:11-cv-00684: Gatten et. al. v. Gatten et. al. Filed in U.S. District Court for the District of New Mexico, no judge yet assigned. See http://news.priorsmart.com/-l4hc for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:11-cv-00684: Gatten et. al. v. Gatten et. al. Filed in U.S. District Court for the District of New Mexico, no judge yet assigned. See http://news.priorsmart.com/-l4hc for more info.

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Published by: PriorSmart on Aug 06, 2011
Copyright:Public Domain

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02/01/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF NEW MEXICO
 MICHAEL D. GATTEN, a/k/a MICHAEL DEAN GATTEN, and MIRACLE INDUSTRIES LLC,Plaintiffs,vs. No. 11 cv 684RUSSELL GATTEN and RUSTY CAN ENTERPRISES LLC,Defendants.
COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEFAND JURY DEMAND
COME NOW the Plaintiffs, Michael D. Gatten, a/k/a Michael DeanGatten, and Miracle Industries LLC, by and through their attorneys, Butt Thornton & Baehr PC, and respectfully state as follows for their Complaint forDamages and Injunctive Relief and Jury Demand:
JURISDICTIONAL ALLEGATIONS
1.
Michael D. Gatten, a/k/a Michael Dean Gatten, (“MichaelGatten”) is a resident of 
Rio Rancho, New Mexico.2. Miracle Industries LLC
(“Miracle Industries”)
is a limitedliability company organized and existing under the laws of the State of NewMexico with its principal place of business in Rio Rancho, New Mexico.3. Upon information and belief, Russell Gatten is a resident of Newbury Park, California.
 
 
2
4. Upon information and belief, Rusty Can Enterprises LLC
(“
Rusty Can Enterprises
”)
is a limited liability company organized and existingunder the laws of the State of California with its principal place of business inNewbury Park, California.5. Certain of the events giving rise to this action occurred in theState of New Mexico.6. This Court has jurisdiction over Michael Gatten
’s patent
infringement claims pursuant to the United States Patent Act, 35 U.S.C. § 1,
et.seq.
Jurisdiction is conferred upon this Court pursuant to 28 U.S.C. §§ 1331and 1338(a).
 This Court has jurisdiction over Michael Gatten’s Lanham Act
claims pursuant to 28 U.S.C. §§ 1331, 1338, and 15 U.S.C. § 1121. This Courthas supplemental jurisdiction over the state law claims under 28 U.S.C. §1367.7. Venue is proper in this district pursuant to 28 U.S.C. §§1391(b) and 1400(b).
GENERAL ALLEGATIONS
8. Michael Gatten is the owner of U.S. Patent Nos. 6,868,566;7,043,783; and 7,181,789
(hereinafter “
Gatten
Patents”).
 9. Michael Gatten is the owner of U.S. Trademark RegistrationNos. 3,025,128 for
“Miracle Blanket” and 3,600,962 for “The Gift of Sleep.”
 10. Michael Gatten has, through continuous use since at leastas early as May 1, 2002, acquired common law trademark rights in the term
 
 
 3
“A
mazing Miracle Blanket.
The U.S. Trademark Registrations and the
common law trademark rights are collectively referred to herein as the “Gatten
 Trademarks.
 11. Michael Gatten has granted Miracle Industries the right todistribute swaddling blankets using the Gatten Patents and the Gatten Trademarks.12. In the course of years of continuous advertising and use incommerce, the Gatten Trademarks have come to identify a particular brand. The Gatten Patents, the Gatten Trademarks, and the goodwill and reputationassociated therewith, along with the right to use the Gatten Patents and theGatten Trademarks, are among the most valuable of the assets of MichaelGatten and Miracle Industries.13. Russell Gatten is a former independent distributor forMiracle Industries and its predecessor, Amazing Miracle Blanket Enterprises,and as such is aware of the Gatten Patents and Gatten Trademarks, including
the use of the word “Amazing” in commerce
since at least May 1, 2002, toidentify the Miracle Blanket swaddling blanket.14. Upon information and belief, the Defendants are using the
term “Amazing Blanket”
in commerce to identify a swaddling blanket being soldby the Defendants to former customers of Michael Gatten, Amazing MiracleBlanket Enterprises, and Miracle Industries who would otherwise purchase theMiracle Blanket swaddling blanket.

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