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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
CIVIL ACTION FILE
QVC, INC., GREAT INNOVATIONS, INC.,
and FOR LIFE PRODUCTS, INC.,
JURY TRIAL DEMANDED
PlaintiII PURSEN, LLC ('PurseN¨), by and through its undersigned
counsel, Iiles this original Complaint against DeIendants as Iollows:
1. PurseN is a limited liability company organized and existing under the
laws oI the State oI Georgia, and having a principle place oI business in Atlanta
(Fulton County), Georgia.
2. DeIendant QVC, INC. ('QVC¨), is a Delaware corporation with a
principal place oI business in West Chester, Pennsylvania. QVC may be served
with process in this action by and through its registered agent, Corporation Service
Company, 2711 Centerville Rd., Ste. 400, Wilmington, DE 19808.
3. DeIendant GREAT INNOVATIONS, INC. ('GI¨), is a Florida
corporation with a principal place oI business in Miramar, Florida. GI may be
served with process in this action by and through its registered agent, Joseph
McDonnell, 2301 SW 145th Avenue, Miramar, FL 33027.
4. DeIendant FOR LIFE PRODUCTS, INC. ('FLP¨), is a Florida
corporation with a principal place oI business in Miramar, Florida. FLP may be
served with process in this action by and through its registered agent, Gary
Silberman, OIIices at Grand Bay Plaza, 2665 S. Bayshore Dr., Suite #725, Coconut
Grove, FL 33133.
JURISDICTION AND VENUE
5. This action arises under the Patent Laws oI the United States, 35
U.S.C. § 1 et seq., including, without limitation, 35 U.S.C. §§ 271, 281, 284, and
285, and the Lanham Act, 15 U.S.C. § et seq., including without limitation 15
U.S.C. § 1125. This Court has subject matter jurisdiction over the patent and
unIair competition claims asserted in this case pursuant to 28 U.S.C. §§ 1331 and
1338. This Court has subject matter jurisdiction over the state law claims asserted
herein pursuant to 28 U.S.C. § 1332 on the grounds that PurseN and DeIendants
are citizens oI diIIerent states and the amount in controversy exceeds $75,000
exclusive oI interest and costs, and pursuant to 28 U.S.C. § 1367 on the grounds
that such claims are so related to the patent inIringement and unIair competition
claims asserted herein that they Iorm part oI the same case or controversy.
6. This Court has personal jurisdiction over DeIendants pursuant to
O.C.G.A. § 9-10-91 and Iederal law on the grounds that, upon inIormation and
belieI, (i) each DeIendant transacts business within the State oI Georgia; (ii) each
DeIendant has committed acts oI patent inIringement, and/or unIair competition
within or directed toward residents oI the State oI Georgia; (iii) each DeIendant`s
wrongIul acts have caused injury within the State oI Georgia, and each DeIendant
regularly does or solicits business, engages in other persistent courses oI conduct,
and/or derives substantial revenue Irom goods sold, used or consumed or services
rendered in this state; (iv) each DeIendant purposeIully directs activities toward
residents oI the State oI Georgia; (v) the causes oI action set Iorth herein arise Irom
or relate to each DeIendant`s activities in or directed toward the State oI Georgia;
and/or (vi) the exercise oI jurisdiction over DeIendants will not oIIend traditional
notions oI Iair play and substantial justice.
7. More speciIically, upon inIormation and belieI, each DeIendant,
directly and/or through intermediaries, has shipped, distributed, oIIered Ior sale,
sold, and/or advertised its inIringing products in the United States, the State oI
Georgia, and the Northern District oI Georgia, either directly or indirectly, and/or
has committed the tortious acts described herein purposeIully directed toward
PurseN, which acts have caused injury within the State oI Georgia.
8. Venue is proper in the Northern District oI Georgia pursuant to 28
U.S.C. §§ 1391 and 1400(b).
9. PurseN designs, manuIactures and sells high-quality, stylish
organizational products, including handbag organizers, jewelry cases, travel cases,
totes and bags, and similar items.
10. PurseN`s signature product is the PurseN Organizer Insert, which was
invented by PurseN`s CEO and Founder, Hardeep Melamed, and is the subject oI
United States Patent No. 8,225,829 ('the `829 patent¨) (copy attached as Ex. 1).
11. The application that became the `829 patent was Iiled on March 31,
2008, and claimed priority to a provisional application Iiled on March 29, 2007.
12. The `829 patent issued on July 24, 2012, aIter Iull and Iair
examination by the United States Patent OIIice.
13. The `829 patent is valid and enIorceable.
14. AIter the `829 patent application was Iiled, PurseN marked its
products embodying the `829 patent 'Patent Pending.¨
15. AIter the `829 patent issued, PurseN marked its products with the `829
16. PurseN is the assignee oI all right, title and interest in and to the `829
patent, such assignment having been executed and eIIective beIore the `829 patent
17. PurseN began selling the PurseN Organizer Insert at trade shows in or
around August oI 2008. PurseN`s Iirst products shipped in October oI 2008.
18. By the end oI 2008, the PurseN Organizer Insert was being sold in
approximately 240 retail stores, and approximately 28° oI those stores had already
re-ordered additional PurseN Organizer Inserts.
19. By the end oI 2009, a little more than a year aIter its launch, the
PurseN Organizer Insert was being sold to 500 customers, mostly retail stores,
throughout the United States.
20. PurseN sales Ior 2008 and 2009 exceeded $595,000.
21. The non-Iunctional aspects oI PurseN`s product design constitute
protectable trade dress (the 'PurseN Trade Dress¨). The PurseN Trade Dress has
established secondary meaning in the marketplace such that purchasers have come
to associate it with PurseN.
22. The PurseN Trade Dress includes the overall appearance and
contrasting color and pattern combinations oI the PurseN Organizer Insert. The
PURSEN Trade Dress is shown in Exhibit 2, and includes at least the Iollowing:
a. Smooth, satiny matte Iabric covering rigid side walls, and
expandable end and bottom walls, with a coordinating patterned
Iabric lining the inside surIaces oI the walls;
b. A Iabric strip extending horizontally across the outer surIace oI
each end wall, at approximately mid-height; and
c. Two pockets arranged on one outer side wall and one pocket
centered on the opposing outer side wall oI the purse organizer;
23. PurseN notiIied DeIendants oI its pending patent application and trade
dress inIringement claims prior to Iiling suit.
COUNT I PATENT INFRINGEMENT
24. PurseN realleges and incorporates by reIerence the allegations set
Iorth in paragraphs 1-23, above, as iI set Iorth verbatim herein.
25. DeIendants have directly inIringed the `829 patent in violation oI 35
U.S.C. § 271(a) by making, importing, using, selling, or oIIering Ior sale in the
United States products that embody the patented invention. DeIendants` inIringing
products include, without limitation, the 'PurseIection¹ Interchangeble Purse
Organizer¨ and similar products, which inIringe at least claim 1 oI the `829 patent.
26. PurseN owned the `829 patent throughout the period oI the
DeIendant`s inIringing acts and still owns the patent.
27. The DeIendants will continue inIringing the `829 patent unless
enjoined by this court.
28. PurseN has complied with the marking requirements oI the patent
laws oI the United States with respect to products sold by PurseN, including by
marking 'Patent Pending¨ on embodying products sold during the pendency oI the
application which became the `829 patent, and by marking embodying products
with the number oI the `829 patent once the patent issued.
29. DeIendants have had actual knowledge oI the `829 patent since at
least as early as the Iiling oI this action. Upon inIormation and belieI, DeIendants
have known about the `829 patent since it issued on or about July 24, 2012, PurseN
having notiIied DeIendants in writing oI the pending patent application which
became the `829 patent and PurseN`s claims that DeIendants` product would
inIringe the patent once issued, as early as November 19, 2010.
30. DeIendants` inIringing activities are and have been without authority
or license Irom either the inventor or Irom PurseN.
31. PurseN is entitled to recover Irom DeIendants the damages sustained
by PurseN as a result oI DeIendants` inIringing acts in an amount subject to prooI
at trial, which, by law, cannot be less than a reasonable royalty, together with
increased damages, interest and costs as Iixed by this Court under 35 U.S.C. § 284.
COUNT II UNFAIR COMPETITION UNDER LANHAM ACT
SECTION 43(s) TRADE DRESS INFRINGEMENT
(15 U.S.C. § 1125(a))
32. PurseN realleges and incorporates by reIerence the allegations set
Iorth in paragraphs 1-31, above, as iI set Iorth verbatim herein.
33. The PurseN Trade Dress is non-Iunctional.
34. The PurseN Trade Dress has acquired secondary meaning and is
35. DeIendants have sold, and continue to sell products which incorporate
and copy the PurseN Trade Dress including, without limitation, DeIendants`
PurseIection interchangeable purse organizer products.
36. DeIendants` inIringing PurseIection products have caused, and are
likely to continue causing, consumer conIusion or mistake by Ialsely suggesting
that DeIendants` inIringing products are connected with, sponsored by, aIIiliated
with, approved by, or related to PurseN.
37. DeIendants` sale oI PurseIection interchangeable purse organizer
products incorporating the PurseN Trade Dress constitutes trade dress
inIringement, Ialse designation oI origin and unIair competition in violation oI 15
U.S.C. § 1125(a).
38. Upon inIormation and belieI, DeIendants` inIringing activities have
caused and, unless enjoined by this Court, will continue to cause irreparable injury
and other damage to PurseN`s business reputation and to the goodwill associated
with the PurseN Trade Dress, including diversion oI customers, lost sales and lost
proIits. PurseN has no adequate remedy at law.
COUNT III GEORGIA DECEPTIVE TRADE PRACTICES ACT
(O.C.G.A. § 10-1-370 et seq.)
39. PurseN realleges and incorporates by reIerence the allegations set
Iorth in paragraphs 1-38, above, as iI set Iorth verbatim herein.
40. DeIendants` unauthorized use oI the PurseN Trade Dress constitutes
deceptive trade practices under the Georgia Deceptive Trade Practices Act,
O.C.G.A. § 10-1-370, et seq.
41. The public is likely to be substantially damaged as a result oI
DeIendants` deceptive trade practices.
42. Unless enjoined by this Court, DeIendants will continue said
deceptive trade practices, thereby deceiving the public and causing PurseN
immediate and irreparable injury Ior which it has no adequate remedy at law.
COUNT IV GEORGIA STATUTORY UNFAIR COMPETITION
(O.C.G.A. § 23-2-55)
43. PurseN realleges and incorporates by reIerence the allegations set
Iorth in paragraphs 1-42, above, as iI set Iorth verbatim herein.
44. Upon inIormation and belieI, DeIendants` unauthorized use oI the
PurseN Trade Dress has been with the intention oI deceiving and misleading the
public, and thereby attempting to encroach upon the business oI PurseN in
violation oI O.C.G.A. § 23-2-55.
45. DeIendants` unauthorized use oI the PurseN Trade Dress has caused,
and unless restrained by this Court, will continue to cause immediate and
irreparable injury to PurseN because a substantial number oI past, present and
potential customers have been and are likely to be conIused, deceived and misled
as to the true source, origin, sponsorship, approval, authorization, association,
aIIiliation and characteristics oI the products oIIered Ior sale and sold by
DeIendants. PurseN has no adequate remedy at law Ior such injury.
COUNT V GEORGIA COMMON LAW UNFAIR COMPETITION
46. PurseN realleges and incorporates by reIerence the allegations set
Iorth in paragraphs 1-45, above, as iI set Iorth verbatim herein.
47. DeIendants` unauthorized use oI the PurseN Trade Dress has been Ior
the calculated purposes oI passing oII DeIendants` products as those oI PurseN,
trading upon PurseN`s goodwill and reputation, and deceiving the public as to the
true nature and characteristics oI DeIendants` products, all to DeIendants` proIit
and to PurseN`s damage.
48. DeIendants` aIoresaid acts constitute unIair competition under the
common law oI the State oI Georgia and have caused, and unless restrained by this
Court will continue to cause, immediate and irreparable injury to PurseN`s
goodwill and reputation, Ior which it has no adequate remedy at law.
COUNT VI GEORGIA COMMON LAW TRADE DRESS INFRINGEMENT
49. PurseN realleges and incorporates by reIerence the allegations set
Iorth in paragraphs 1-48, above, as iI set Iorth verbatim herein.
50. PurseN, by virtue oI its prior adoption and use oI the PurseN Trade
Dress, in this judicial district and elsewhere, has acquired, established and owns
valuable common law rights in said trade dress.
51. DeIendants` unauthorized use oI the PurseN Trade Dress constitutes
copying and imitation oI the PurseN Trade Dress, Ialsely designates the origin oI
DeIendants` products, causes conIusion, mistake and deception in the marketplace,
and is likely to cause Iurther conIusion, mistake or deception in the marketplace,
and thereIore inIringes PurseN`s common law rights in the PurseN Trade Dress in
violation oI the common law oI the State oI Georgia.
52. DeIendants` actions complained oI herein, unless enjoined by this
Court, will continue to result in a likelihood oI Iurther conIusion, mistake and
deception oI the public concerning the sources or origin oI products oIIered Ior
sale and sold by DeIendants, and will continue to produce irreparable injury and
damage to PurseN and its goodwill and business reputation, Ior which PurseN has
no adequate remedy at law.
COUNT VII GEORGIA COMMON LAW UNJUST ENRICHMENT
53. PurseN realleges and incorporates by reIerence the allegations set
Iorth in paragraphs 1-52, above, as iI set Iorth verbatim herein.
54. DeIendants` unauthorized use oI the PurseN Trade Dress in
connection with the advertising, promoting and sale oI DeIendants` goods and
services, Irom which DeIendants have derived substantial proIits, has unjustly
enriched DeIendants by enabling them to unIairly appropriate the beneIit oI
PurseN`s extensive use, promotion and development oI the PurseN Trade Dress
and the goodwill associated therewith.
55. DeIendants have earned revenues and proIits to which they are not
legally entitled, and PurseN continues to be irreparably injured by the aIoresaid
acts oI DeIendants, which acts have greatly and unjustly enriched DeIendants at
PurseN`s expense, Ior which injury PurseN has no adequate remedy at law.
COUNT VIII - GEORGIA COMMON LAW
MISAPPROPRIATION AND CONVERSION
56. PurseN realleges and incorporates by reIerence the allegations set
Iorth in paragraphs 1-55, above, as iI set Iorth verbatim herein.
57. DeIendants, through the unauthorized use oI the PurseN Trade Dress,
have misappropriated the PurseN Trade Dress, and have unlawIully converted to
their own use and exploited PurseN`s property and commercial likeness, thereby
reaping Ior themselves the beneIits oI PurseN`s prior use, promotion and
development oI the PurseN Trade Dress, and the goodwill symbolized thereby.
WHEREFORE, PurseN prays Ior relieI as Iollows:
A. Entry oI an order and judgment requiring that DeIendants and their
agents, servants, employees, owners and representatives, and all other persons,
Iirms or corporations in active concert or participation with them, be enjoined and
restrained Irom (a) any Iurther inIringement oI the `829 patent; (b) using in any
manner the PurseN Trade Dress, or any conIusingly similar to or colorable
imitation oI the PurseN Trade Dress; and (c) doing any act or thing that is
calculated or likely to cause conIusion or mistake in the minds oI members oI the
public or prospective customers oI PurseN`s or DeIendants` products or services as
to the source oI the products or services oIIered Ior sale, distributed, or sold, or that
is likely to deceive members oI the public, or prospective customers, into believing
that there is some connection, aIIiliation, or sponsorship between DeIendants and
B. A judgment ordering DeIendants, pursuant to 15 U.S.C. § 1116(a), to
Iile with this Court and serve upon PurseN within thirty (30) days aIter entry oI the
injunction, a report in writing under oath setting Iorth in detail the manner and
Iorm in which DeIendants have complied with the injunction and ceased all
oIIering oI services under the DeIendants` trade names and trademarks as set Iorth
C. A judgment ordering DeIendants, pursuant to 15 U.S.C. § 1118, to
deliver up Ior destruction, or to show prooI oI said destruction or suIIicient
modiIication to eliminate the inIringing matter, all articles, web pages, video,
packages, wrappers, products, displays, labels, signs, vehicle displays or signs,
circulars, kits, packaging, letterhead, business cards, promotional items, clothing,
literature, sales aids, receptacles or other matter in the possession, custody, or
under the control oI DeIendants or their agents bearing the PurseN Trade Dress in
any manner, or any trade dress or product conIiguration that is conIusingly similar
to or a colorable imitation oI the PurseN Trade Dress;
D. An accounting and award oI damages Ior DeIendants inIringement oI
the `829 patent, which by law cannot be less than a reasonable royalty, together
with increased damages, pre- and post- judgment interest, costs and attorney`s Iees.
E. A judgment in the amount oI PurseN`s actual trade dress inIringement
damages, DeIendants` proIits, PurseN`s reasonable attorneys` Iees and costs oI
suit, pre-judgment interest, and post-judgment interest;
F. A judgment Ior enhanced damages under 15 U.S.C. §1117 and
punitive damages under state law as appropriate; and
G. A judgment granting PurseN such other and Iurther relieI as the Court
deems just and proper.
PurseN hereby demands a trial by jury oI all issues so triable.
This 15th day oI November, 2012.
KENT LAW, P.C.
/s/Daniel A. Kent
Daniel A. Kent
Georgia Bar Number 415110
555 N Point Ctr E Ste 400
Alpharetta, GA 30022
Tel: (404) 585-4214
Fax: (404) 829-2412
Counsel Ior PlaintiII
This action might not be possible to undo. Are you sure you want to continue?