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11-40194-FDS

11-40194-FDS

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Published by barzilay123

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Published by: barzilay123 on Oct 25, 2011
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10/25/2011

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UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MASSACHUSETTS
 _______________________________________ )LAIPAC TECHNOLOGY, INC., ))Plaintiff, ))v. ) Civil Action No. _________ )GLOBAL SECURITY TRACKING, INC. ))Defendant. ) _______________________________________)
COMPLAINT AND JURY DEMAND
The plaintiff, Laipac Technology, Inc. (“Laipac”), files this Complaint and Jury Demandagainst the defendant, Global Security Tracking, Inc. (“Defendant”).
PARTIES
1.
 
The plaintiff, Laipac Technology, Inc., is a corporation organized and existingunder the laws of Delaware and having an address at 50 West Beaver Creek Rd., Richmond Hill,Ontario, Canada L4B 1G5.2.
 
Upon information and belief, the defendant, Global Security Tracking, Inc., is aMassachusetts Corporation with a place of business at 210 Park Ave, Suite 177, Worcester,Massachusetts 01602.
JURISDICTION AND VENUE
3.
 
This Court has subject matter jurisdiction under the trademark laws of the UnitedStates, 15 U.S.C. § 1121 and under the judicial code of the United States, 28 U.S.C. §§ 1338(a)and 1338(b). This Court also has supplemental jurisdiction over the remaining claims pursuantto 28 U.S.C. § 1367.
 
 24.
 
This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1332, in thatthe action involves a dispute between citizens of different states and the amount in controversyexceeds $75,000, exclusive of interest and costs.5.
 
This Court has personal jurisdiction over Defendant pursuant to M.G.L. 223A§ 3(d) because, upon information and belief, Defendant regularly does or solicits business, or engages in other persistent courses of conduct, within this Commonwealth and becauseDefendant has caused tortious injury in this Commonwealth by an act or omission outside thisCommonwealth.6.
 
Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) and § 1400(a) because (a) the acts of infringement and other wrongful conduct alleged occurred in the Districtof Massachusetts and (b) Defendant may be found in the District of Massachusetts.
FACTS AND ALLEGATIONS COMMON TO ALL COUNTSL
AIPAC
,
 
I
TS
B
USINESS
A
ND
I
TS
“LAIPAC
 
TECH”
 
M
ARK
A
ND
N
AME
 
7.
 
Laipac is in the business of developing and offering a wide range of location andtracking technologies, including technologies that enable customers to effectively manage their vehicles, workers and other mobile assets from anywhere in the world; services and devicesrelating to personal tracking; services and devices relating to asset tracking, including vehicle andtrailer tracking; and the offering of tracking-related goods, including GPS-enabled bracelets andvehicle tracking modules, and other wireless products.8.
 
Laipac operates under the common-law mark and trade name LAIPAC TECH
.
9.
 
On October 27, 2008, Laipac applied to the United States Patent & Trademark Office (“USPTO”) to protect its LAIPAC TECH mark and trade name. That application continuesto be prosecuted at the USPTO.
See
Exhibit A.10.
 
Laipac has continuously used the trade name LAIPAC TECH in interstate
 
 3commerce in connection with the location and tracking industry since at least as early as July 5,1999.11.
 
Laipac has continuously used the mark LAIPAC TECH in interstate commercesince at least as early as July 5, 1999.12.
 
The designation LAIPAC TECH is arbitrary and unique as used for Laipac’s products and services.13.
 
Laipac’s LAIPAC TECH products and services have been promoted andaccessible to individuals and business communities over the World Wide Web atwww.laipac.com (the “Website”) since at least as early as 2000.
T
HE
G
OODWILL AND
F
AME OF
L
AIPAC
S
“LAIPAC
 
TECH”
 
M
ARK
A
ND
N
AME
 
14.
 
During its more than 12 years in operation, Laipac has established a uniqueidentity—the design, look and feel, layout, and organization all contribute to a recognizable anddistinct branded community (the “Brand Identity”).15.
 
Laipac has prominently and extensively promoted its LAIPAC TECH productsand services for over a decade throughout the United States. As a result, Laipac has developedsubstantial and valuable goodwill in connection with the LAIPAC TECH mark and name.16.
 
Laipac has widely promoted its LAIPAC TECH mark and name through such variedmedia as newspaper and magazine advertising, brochures, newsletters and the Internet.17.
 
Laipac has widely advertised and promoted its LAIPAC TECH mark and namethrough appearances and exhibitions at numerous nationally attended trade shows held throughout theUnited States.18.
 
Laipac has expended nearly three-quarters of a million dollars in nationaladvertising, promotional, and commercialization efforts carrying the LAIPAC TECH mark and nameand in promoting its various tracking-related products and services.

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