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Complaint Gloveables

Complaint Gloveables

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Published by mschwimmer
complaint gloveables terminated licensee
complaint gloveables terminated licensee

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Published by: mschwimmer on Dec 02, 2011
Copyright:Attribution Non-commercial

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03/05/2014

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Todd E. Zenger (UB# 5238)KIRTON & McCONKIE1800 Eagle Gate Tower60 East South TempleP.O. Box 45120Salt Lake City, Utah 84145-0120Telephone: (801) 328-3600Email: tzenger@kmclaw.comAttorney for Plaintiff IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF UTAHGLOVEABLES, INC., a Californiacorporation,Plaintiff,vs.GRANDWAY HONDURAS, LLC, a Utahentity,Defendant.Civil Action No.: 2:11-cv-1098 BCWMagistrate Judge Brooke C. Wells
COMPLAINT
andJURY DEMANDPlaintiff Gloveables, Inc. alleges and avers as follows:
Introduction
 Plaintiff is the owner of glove and apron products. Plaintiff owns design patents, trademarks,product designs and trade dress related to glove, apron and other associated products. Defendantcontinues to make and market Plaintiff’s glove and apron designs without authorization therebyinfringing on Plaintiff’s design patent, trademarks and trade dress. Defendant is also in breach of contract. Plaintiff seeks monetary damages and injunctive relief.
Case 2:11-cv-01098-BCW Document 2 Filed 12/01/11 Page 1 of 11
 
- 2 -
Parties, Jurisdiction and Venue
1.
 
Gloveables, Inc., is a California corporation, having its principal place of businessin Los Angeles, CA (“Gloveables, Inc.” or “plaintiff”), and is a designer and owner of variousshapes and designs of glove, apron and associated products.2.
 
Defendant Grandway Honduras, LLC (“Grandway” or “defendant”), is a Utah entityand has its principal place of business at 12218 Lone Peak Parkway Draper UT 84020, and markets,manufactures, sells and distributes various lines of household consumer products, and activelyparticipated and/or participates in or induced or induces the distribution or sale of the various shapesand designs of glove, apron and other products in this district and throughout the United States andforeign countries.3.
 
This Court has subject matter jurisdiction of Gloveables’ claims for relief under 28U.S.C. §§ 1331 (federal question), 1332 (diversity), 1338 (Lanham Act) and 1367 (supplemental),and original jurisdiction over disputes as to trademarks. 15 U.S.C. §§ 1114, 1121 and 1125. Venueis properly placed in this Court under the provisions of 28 U.S.C. §§ 1391.
Factual Background
Product Development and Product Rights of Plaintiff 
4.
 
Gloveables has organized business operations to include the creation, invention,design, development, manufacture, marketing, promotion, sales and distribution of glove, apron andassociated products designs for many years.5.
 
Gloveables sought and obtained trademark registration for distinctive ornate designsin connection with garden gloves and gloves for household and general purpose use including U.S.Trademark Reg. No. 3,913,054 and gloves with a bow U.S. Trademark Reg. Nos. 4,024,193 and3,895,723.6.
 
By assignment, Gloveables is the licensee of the Design Patents and Trademark Reg. No. 3,821,656.
Case 2:11-cv-01098-BCW Document 2 Filed 12/01/11 Page 2 of 11
 
- 3 -7.
 
Since as early as September 2002, Gloveables has marketed and sold distinctivegloves covered by the Design Patents and bearing the marks protected by U.S. Trademark Reg. Nos.3,821,656, and 3,913,054.8.
 
Gloveables also has other United States trademark registrations for other word anddesign trademarks including United States Trademark Registration Nos. 3,224,702 for LINDY-LOU’S, 3,575,373 for GLOVEABLES; 2,702,157 for GLOVEABLES … THEY’RE LOVEABLEand design.9.
 
Gloveables also has pending trademark applications for word and design trademarksincluding United States Trademark Application Serial Nos. 85/001071 for GLOVEABLES,85/369427 FOR GLOVEABLES THE GLOVE WITH A BOW and design, 85/277761 forGLOVEABLES, and 85/383596 for a glove design with a bow.10.
 
The product design, presentation and packaging of the distinctive gloves covered bythe Design Patents and bearing the marks protected by U.S. Trademark Reg. Nos. 3,821,656,4,024,193, 3,895,723 and 3,913,054 are valuable trade dress of Gloveables.11.
 
Since as early as 2002, Gloveables has established common law trademark and tradedress rights through use in commerce including customer recognition.12.
 
The Design Patents, trademarks, associated product designs and trade dress of Gloveables create a family of marks, product designs and trade dress (“Gloveables’ Product Rights”)under which Gloveables has marketed, promoted, sold and distributed products.
Uses and Unauthorized, Infringing Uses by Defendant 
13.
 
Before September 2005, Defendant began negotiating certain manufacturing anddistribution rights for products embodying Gloveables’ Product Rights.14.
 
During negotiations, Defendant made promises of production, distribution androyalties to induce Gloveables to enter into a license agreement.15.
 
Gloveables, Inc., and Grandway entered into a license agreement dated September 28,2005 to make and sell products embodying Gloveables’ Product Rights.
Case 2:11-cv-01098-BCW Document 2 Filed 12/01/11 Page 3 of 11

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