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Todd E. Zenger (UB# 5238) KIRTON & McCONKIE 1800 Eagle Gate Tower 60 East South Temple P.O. Box 45120 Salt Lake City, Utah 84145-0120 Telephone: (801) 328-3600 Email: tzenger@kmclaw.com Attorney for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH GLOVEABLES, INC., a California corporation, Plaintiff, vs. GRANDWAY HONDURAS, LLC, a Utah entity, Defendant. Civil Action No.: 2:11-cv-1098 BCW Magistrate Judge Brooke C. Wells
COMPLAINT
and JURY DEMAND Plaintiff 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. Defendant continues to make and market Plaintiff’s glove and apron designs without authorization thereby infringing on Plaintiff’s design patent, trademarks and trade dress. Defendant is also in breach of contract. Plaintiff seeks monetary damages and injunctive relief.
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Parties, Jurisdiction and Venue
1.
 
Gloveables, Inc., is a California corporation, having its principal place of business in Los Angeles, CA (“Gloveables, Inc.” or “plaintiff”), and is a designer and owner of various shapes and designs of glove, apron and associated products. 2.
 
Defendant Grandway Honduras, LLC (“Grandway” or “defendant”), is a Utah entity and 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 actively  participated and/or participates in or induced or induces the distribution or sale of the various shapes and designs of glove, apron and other products in this district and throughout the United States and foreign countries. 3.
 
This Court has subject matter jurisdiction of Gloveables’ claims for relief under 28 U.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. Venue is 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 and associated products designs for many years. 5.
 
Gloveables sought and obtained trademark registration for distinctive ornate designs in 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 and 3,895,723. 6.
 
By assignment, Gloveables is the licensee of the Design Patents and Trademark Reg. No. 3,821,656.
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Since as early as September 2002, Gloveables has marketed and sold distinctive gloves 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 and design 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 LOVEABLE and design. 9.
 
Gloveables also has pending trademark applications for word and design trademarks including United States Trademark Application Serial Nos. 85/001071 for GLOVEABLES, 85/369427 FOR GLOVEABLES THE GLOVE WITH A BOW and design, 85/277761 for GLOVEABLES, and 85/383596 for a glove design with a bow. 10.
 
The product design, presentation and packaging of the distinctive gloves covered by the 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 trade dress 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 and distribution rights for products embodying Gloveables’ Product Rights. 14.
 
During negotiations, Defendant made promises of production, distribution and royalties 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.
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