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UNITED STATES DISTRICT COURTDISTRICT OF NEVADA
PRICE PRODUCTS LLC, an Idaho company,Plaintiff,vs.JUVENILE SOLUTIONS, INC., a Californiacorporation,Serve: Pamela Neckameyer1355 N. Beverly DriveBeverly Hills, CA 90210Defendant.No. ___________
COMPLAINTJURY TRIAL DEMANDED
Alan W. Westbrook Nevada Bar No. 6167PERRY, SPANN & WESTBROOK1701 W. Charleston, Ste. 200Las Vegas, Nevada 89102Telephone: (702) 870-2400Facsimile: (702) 870-8220
awestbrook@perryspann.com
Carina H. SchoenbergerPro Hac Vice PendingBRYAN CAVE LLP211 N. Broadway, Ste. 3600St. Louis, MO 63102Telephone: (314) 259-2000Facsimile: (314) 552-8000carina.schoenberger@bryancave.com
ATTORNEYS FOR PLAINTIFF
Case 2:09-cv-02067-RCJ-RJJ Document 1 Filed 10/27/2009 Page 1 of 15
 
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COMES NOW Plaintiff Price Products LLC (“Price Products”), by and through its attorneys,and for its Complaint against Juvenile Solutions, Inc. (“Juvenile Solutions” or “Defendant”) states asfollows:
Jurisdiction, Venue, and Nature of Action
1.
 
This is an action for unfair competition and false designation of origin under theFederal Trademark Act, 15 U.S.C. § 1051,
et seq.
(the “Lanham Act”); trade dress infringementunder the Lanham Act; and trademark infringement and unfair competition under Nevada commonlaw. This Court has jurisdiction over this action pursuant to 15 U.S.C. § 1121(a), and pursuant to 28U.S.C. §§ 1331, 1332(a), and 1367. Defendant infringed and wrongfully used Price Products’common law trademarks and trade dress, and/or confusingly similar variations thereof, in this judicial district. Additionally, this Court has jurisdiction over this matter based upon 28 U.S.C.§ 1332(a) in that diversity of citizenship exists between Price Products and Defendant and theamount in controversy, exclusive of interest and costs, exceeds $75,000.00.2.
 
Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391 because asubstantial portion of the events giving rise to this action occurred in this judicial district. Defendantwrongfully used and infringed, and continues to wrongfully use and infringe, Price Products’valuable and well-known DRIPSTIK marks and related trade dress in this judicial district.
Parties
3.
 
Plaintiff Price Products is a limited liability company organized and existing underthe laws of Idaho with a principle place of business at 4870 Buffalo Road, Chubbuck, Idaho 83202.4.
 
Upon information and belief, Defendant Juvenile Solutions is a corporation organizedand existing under the laws of California with a principle place of business at 7625 HayvenhurstAvenue, Suite 3, Van Nuys, California 91406.
Facts Common to All CountsPrice Products’ DRIPSTIK Marks and Trade Dress
5.
 
Price Products markets, distributes, and sells products developed to provide parents of young children with innovative products that serve a practical purpose.
Case 2:09-cv-02067-RCJ-RJJ Document 1 Filed 10/27/2009 Page 2 of 15
 
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6.
 
Since at least May 2006, Price Products has marketed and sold the DRIPSTIK, achild-friendly product that holds ice cream cones, popsicles, and other frozen desserts. TheDRIPSTIK comprises a brightly-colored, plastic, double-ended dessert holder with one end shapedto hold an ice cream cone, and the other shaped to hold frozen desserts on a stick. The DRIPSTIK isavailable in six bright colors. The DRIPSTIK’s ornamental features include, but are not limited to,its bright color, opacity, shallow, rounded, cup-shaped (as opposed to conical or squared-off) ends,and arbitrary width. The DRIPSTIK’s distinctive elements together form its protectable trade dress(the “DRIPSTIK Trade Dress”).7.
 
Below, and incorporated by reference into this paragraph, are true and correctdepictions of Price Products’ DRIPSTIK:
Case 2:09-cv-02067-RCJ-RJJ Document 1 Filed 10/27/2009 Page 3 of 15
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