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Case 2:18-cv-06343 Document 1 Filed 07/23/18 Page 1 of 17 Page ID #:1

1 Donald M. Cislo, Esq., No. 49,203


doncislo@cislo.com
2 Daniel M. Cislo, Esq., No. 125,378
dan@cislo.com
3 Mark D. Nielsen, Esq., No. 210,023
mnielsen@cislo.com
4 CISLO & THOMAS LLP
1333 2nd Street, Suite 500
5 Santa Monica, California 90401-4110
Telephone: (310) 451-0647
6 Telefax: (310) 394-4477
7 Attorneys for Plaintiff,
AMINI INNOVATION CORPORATION
8
9 UNITED STATES DISTRICT COURT
10
CENTRAL DISTRICT OF CALIFORNIA
11
12 AMINI INNOVATION ) Case No.
CORPORATION, a California )
13 corporation, )
) COMPLAINT FOR:
14 Plaintiff, )
) (1) COPYRIGHT
15 ) INFRINGEMENT
vs. )
16 ) (2) DESIGN PATENT
) INFRINGEMENT
17 COSMOS FURNITURE, INC., a New )
Jersey corporation, COSMOS ) (3) BREACH OF SETTLEMENT
18 FURNITURE LTD., a Canadian ) AGREEMENTS
business entity, PAUL KUMAR, an )
19 individual, and DOES 1-9, inclusive, )
) [DEMAND FOR JURY TRIAL]
20 Defendants. )
)
21 )
22
23
24
25
26
27
28
Case 2:18-cv-06343 Document 1 Filed 07/23/18 Page 2 of 17 Page ID #:2

1 For its Complaint, Plaintiff Amini Innovation Corporation alleges as follows:


2
3 PARTIES
4 1. Plaintiff Amini Innovation Corporation (“Plaintiff” or “AICO”) is a
5 California corporation having its principal place of business at 8725 Rex Road,
6 Pico Rivera, California 90660. AICO has designed for it, markets, and sells unique
7 and original home furnishings. AICO displays and offers its furniture for sale at
8 various trade shows and through its distributors.
Facsimile: (310) 394-4477

9 2. Defendant Cosmos Furniture, Inc. (“Cosmos U.S.”) is a New Jersey


10 corporation having places of business at 2300 U.S. Highway 1, North Brunswick,
11 New Jersey 08902-4438 and 497 State Route 27, Iselin, New Jersey 08830-1706.
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Los Angeles, CALIFORNIA 90025

12 3. Defendant Cosmos Furniture, Ltd. (“Cosmos Canada”) is a Canadian


12100 Wilshire Boulevard
Attorneys at Law

13 business entity having a business address of 1055 Clark Blvd, Brampton, Ontario,
www.cislo.com
SUITE 1700

14 L6T 3W4, Canada.


Telephone: (310) 451-0647

15 4. Defendant Paul Kumar (aka Avjit Kumar) (“Kumar”) is an individual


16 residing in Monroe Township, New Jersey, who has directed and ratified all of the
17 actions described hereinbelow, including in connection with the three previous
18 settlement agreements between AICO and Cosmos.
19 5. Cosmos U.S. and Cosmos Canada may be referred to herein
20 collectively as “Cosmos”, and are believed to be owned, controlled, and operated
21 by Kumar for his own personal benefit and gain, in disregard of corporate
22 formalities. Cosmos and Kumar may be referred to herein collectively as
23 “Defendants.”
24 6. By virtue of Cosmos Canada’s three previous settlement agreements
25 with AICO, the common ownership and control of Cosmos U.S. and Cosmos
26 Canada by Kumar, and Kumar’s use of the Cosmos entities for his own personal,
27 individual benefit and gain, personal jurisdiction and venue over Defendants is
28 proper in this Court.

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Case 2:18-cv-06343 Document 1 Filed 07/23/18 Page 3 of 17 Page ID #:3

1 7. The true names and capacities, whether individual, corporate or


2 otherwise of Defendants Does 1-9 inclusive, are unknown to AICO, who therefore
3 sues them by such fictitious names. AICO will seek leave to amend this complaint
4 to allege their true names and capacities when they have been ascertained. AICO is
5 informed and believes and thereon alleges that each of the fictitiously named
6 Defendants is responsible in some manner for the occurrences herein alleged and
7 that AICO’s damages as herein alleged were proximately caused by those
8 Defendants. At all times herein mentioned, Defendants Does 1-9 inclusive were the
Facsimile: (310) 394-4477

9 agents, servants, employees or attorneys of their co-defendants, and in doing the


10 things hereinafter alleged were acting within the course and scope of their authority
11 as those agents, servants, employees or attorneys, and with the permission and
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12 consent of their co-defendants.


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13
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14 JURISDICTION AND VENUE


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15 8. This Court has subject matter jurisdiction over this action pursuant to
16 28 U.S.C. § 1331 and U.S.C. § 1338(a) as it arises under Acts of Congress related
17 to patents and copyrights. The Court has subject matter jurisdiction over AICO’s
18 breach of settlement agreement claim under 28 U.S.C. § 1367, as the facts
19 regarding each of AICO’s claims arise from the same common nucleus of operative
20 facts.
21 9. This Court has personal jurisdiction over Defendants based on ¶¶ 5-6
22 above, as well as the settlement agreements between AICO and Cosmos from 2009,
23 2011, and 2013. See, Exhibits 1, 2, and 3, attached hereto (at ¶ 11, ¶ 13, and ¶ 14
24 therein, respectively).
25 10. Venue as to Defendants is proper in this judicial district based on ¶¶ 5-
26 6 above, as well as the settlement agreements between AICO and Cosmos from
27 2009, 2011, and 2013. See, Exhibits 1, 2, and 3, attached hereto (at ¶ 11, ¶ 13, and
28 ¶ 14 therein, respectively). The exhibit to the 2013 Settlement Agreement is

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1 omitted to minimize the volume of materials submitted to the Court.


2
3 FACTUAL ALLEGATIONS
4
5 The History of Cosmos’ Violations of AICO’s Intellectual Property Rights and
6 Breaches of Previous Settlement Agreements with AICO
7 11. AICO previously sued Cosmos Canada in this judicial district on
8 November 26, 2008 (Case No. 08-7855 AHM (PLAx)) (the “First Action”) for
Facsimile: (310) 394-4477

9 copyright infringement and design patent infringement for Cosmos’ dealings in a


10 series of furniture products accused of violating AICO’s intellectual property rights.
11 12. Cosmos Canada unsuccessfully moved to dismiss the complaint for
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12 lack of personal jurisdiction in the First Action.


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13 13. The First Action ultimately settled in June of 2009 with Cosmos
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14 Canada agreeing to cease all dealings in the accused products, other than selling off
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15 what it represented to be limited inventory by October 31, 2009 and removing


16 images of the accused products from its website promptly after the settlement in
17 June of 2009, which Cosmos did, for a time. The 2009 Settlement Agreement is
18 attached hereto as Exhibit 1.
19 14. The release in the 2009 Settlement Agreement extended to Cosmos
20 Canada’s affiliates, agents, representatives, employees, officers, directors, spouses,
21 heirs, administrators, executors or assigns, among others. This would include
22 Kumar, and Cosmos U.S., to the extent it existed at the time.
23 15. The 2009 Agreement also contained provisions directed to: (a) Cosmos
24 making its best efforts to respect AICO’s proprietary designs in the future, and (b) a
25 forum selection clause for this Court in the event of a breach.
26 16. In or about early 2011, AICO learned that many of the items that the
27 parties agreed would be discontinued by virtue of the 2009 Settlement Agreement
28 remained, or were re-introduced onto Cosmos’ website, and also appeared in a

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Case 2:18-cv-06343 Document 1 Filed 07/23/18 Page 5 of 17 Page ID #:5

1 Cosmos catalog post-dating the 2009 Settlement Agreement. In addition, Cosmos


2 was caught dealing in other items that violated AICO’s intellectual property rights,
3 including certain dining room furniture that infringed AICO’s copyrights and
4 design patents for its Villa Valencia dining room table, china cabinet/buffet and arm
5 chair.
6 17. After giving notice to Cosmos regarding these and other violations,
7 AICO and Cosmos were able to resolve Cosmos’ blatant breach of the 2009
8 Settlement Agreement without the need for litigation. Attached hereto as Exhibit 2
Facsimile: (310) 394-4477

9 is a copy of a 2011 Settlement Agreement between AICO and Cosmos.


10 18. The release in the 2011 Settlement Agreement again extended to
11 Cosmos Canada’s affiliates, agents, representatives, employees, officers, directors,
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12 spouses, heirs, administrators, executors or assigns, among others. This would


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13 include Kumar, and Cosmos U.S., which is believed to have existed at the time.
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14 19. The 2011 Settlement Agreement included a provision in which


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15 Cosmos agreed not to deal in its furniture that violated AICO’s copyrights and
16 design patents for its Villa Valencia dining room table, china cabinet/buffet and arm
17 chair, as well as agreeing not to deal in any furniture products within the scope of
18 and/or substantially similar in appearance to the furniture shown in AICO’s
19 copyrights and design patents for its Villa Valencia dining room table, china
20 cabinet/buffet and arm chair.
21 20. The 2011 Settlement Agreement also contained provisions directed to:
22 (a) Cosmos exercising due diligence to avoid AICO’s proprietary designs in the
23 future, and (b) a forum selection clause for this Court in the event of a breach.
24 21. In late 2012, Cosmos was at it again. It dealt in furniture which
25 contained a hardware clip that had AICO’s logo on it, and it falsely represented to
26 its potential customers that some of Cosmos’ furniture was made at the same
27 factory as AICO’s, and that the CEO of AICO had approved of Cosmos’ sale of
28 such furniture.

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1 22. In addition, it was learned that Cosmos either never stopped dealing in
2 the prohibited furniture after the 2011 Settlement Agreement, or it resumed selling
3 such prohibited furniture between the time it signed the 2011 Settlement Agreement
4 and late 2012 when such new or ongoing violations were discovered by AICO.
5 23. As a result, on January 9, 2013, AICO filed a case in this Court (Case
6 No. 2:13-cv-00153-GHK-RZ) (the “Second Action”) alleging against Cosmos
7 Canada copyright infringement, design patent infringement, trademark
8 infringement, and breach of both the 2009 and 2011 Settlement Agreements.
Facsimile: (310) 394-4477

9 24. At that time, there could have been no way that Cosmos Canada,
10 Cosmos U.S., and their principals, including Kumar did not know about AICO’s
11 copyrights and design patents, particularly AICO’s copyrights and design patents
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12 for its Villa Valencia dining room table, china cabinet/buffet and arm chair.
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Attorneys at Law

13 25. The bottom line from the foregoing is that Cosmos, as directed by its
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14 principals, Paul Kumar and Sushmita Paul, were blatantly violating AICO’s
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15 intellectual property rights, including AICO’s copyrights and design patents for its
16 Villa Valencia dining room table, china cabinet/buffet and arm chair.
17 26. Cosmos Canada, Cosmos U.S., and their principals knew full well no
18 later than late 2012 that their intentional and willfully unlawful actions as set forth
19 herein are causing harm to a company they know full well is based in this judicial
20 district.
21 27. Shortly after its filing, the Second Action was settled. A copy of the
22 2013 Settlement is attached hereto as Exhibit 3. The exhibit to the 2013 Settlement
23 Agreement is omitted to minimize the volume of materials submitted to the Court.
24 28. The release in the 2013 Settlement Agreement again extended to
25 Cosmos Canada’s affiliates, agents, representatives, employees, officers, directors,
26 spouses, heirs, administrators, executors or assigns, among others. This would
27 include Kumar, and Cosmos U.S., which is believed to have existed at the time.
28 29. The 2013 Settlement Agreement did not override or nullify the terms

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Case 2:18-cv-06343 Document 1 Filed 07/23/18 Page 7 of 17 Page ID #:7

1 of the 2009 and 2011 Settlement Agreements.


2 30. The 2013 Settlement Agreement also contained provisions directed to:
3 (a) Cosmos exercising due diligence to make sure it avoided AICO’s proprietary
4 designs in the future, and (b) a forum selection clause for this Court in the event of
5 a breach.
6 31. The 2011 and 2013 Settlement Agreements also contain prevailing
7 party attorneys’ fees provisions.
8
Facsimile: (310) 394-4477

9 AICO’s Intellectual Property and Proprietary Rights


10 32. AICO is a furniture designer and manufacturer located in Los Angeles
11 County, California, and is extremely well-known in the furniture industry.
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12 33. AICO and its furniture are extremely well-known in the furniture
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13 industry inasmuch as they have maintained a website (www.amini.com) that has


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14 depicted their furniture, including the furniture collections at issue in this case, for
Telephone: (310) 451-0647

15 many years.
16 34. AICO also advertises its furniture, including the furniture collections
17 at issue in this case, on a weekly basis in the major furniture industry magazines,
18 Furniture Today and Furniture Style. These magazines are widely circulated within
19 the furniture industry in the United States and Canada.
20 35. AICO also maintains showrooms and regularly displays its furniture,
21 including the furniture collections at issue in this case, at the major trade shows in
22 Las Vegas, Nevada and High Point, North Carolina. Representatives of furniture
23 companies from all over the world attend these shows, including representatives of
24 companies in the United States and Canada.
25 36. AICO’s popular Villa Valencia dining room collection includes
26 furniture designs that consist of ornamental carvings owned by AICO.
27 37. Photograph(s) of AICO’s Villa Valencia dining room collection are
28 attached hereto as Exhibit 4.

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1 38. AICO was awarded U.S. Copyright Registration No. VA 1-627-918


2 for the design that consists primarily of ornamental carvings on its Villa Valencia
3 Dining Room Table (see attached Exhibit 5).
4 39. AICO was awarded U.S. Copyright Registration No. VA 1-627-828
5 for the design that consists primarily of ornamental carvings on its Villa Valencia
6 China Cabinet/Buffet (see attached Exhibit 6).
7 40. AICO was awarded U.S. Copyright Registration No. VA 1-627-832
8 for the design that consists primarily of ornamental carvings on its Villa Valencia
Facsimile: (310) 394-4477

9 Arm Chair (see attached Exhibit 7).


10 41. AICO was awarded U.S. Design Patent No. D592,893 (“‘893 Patent”)
11 for its Villa Valencia Dining Room Table, which issued on May 26, 2009. Said
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12 patent is attached hereto as Exhibit 8. The patent was duly and legally issued and
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13 assigned to AICO.
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14 42. AICO was awarded U.S. Design Patent No. D644,852 (“‘852 Patent”)
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15 for its Villa Valencia China Cabinet/Buffet, which issued on September 13, 2011.
16 Said patent is attached hereto as Exhibit 9. The patent was duly and legally issued
17 and assigned to AICO.
18 43. AICO was awarded U.S. Design Patent No. D576,409 (“‘409 Patent”)
19 for its Villa Valencia Arm Chair, which issued on September 9, 2008. Said patent
20 is attached hereto as Exhibit 10. The patent was duly and legally issued and
21 assigned to AICO.
22
23 Cosmos’ Latest, Repeat and Willful Violations of AICO’s Intellectual Property
24 Rights and Breach of Settlement Agreements
25 44. AICO has recently learned of Defendants’ ongoing recidivism in that
26 Defendants have again violated AICO’s rights that they already promised to respect
27 and not violate, and also that Defendants have breached each of the three settlement
28 agreements between the parties.

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1 45. Cosmos, under the purposeful direction, control, and/or ratification of


2 Kumar, each with full knowledge of AICO’s proprietary rights that Defendants
3 agreed to exercise due diligence to avoid (including AICO’s Villa Valencia dining
4 room furniture), have again been dealing in furniture that infringes AICO’s
5 copyrights and design patents for its Villa Valencia dining room table, china
6 cabinet/buffet and arm chair.
7 46. More specifically, the dining table, hutch (or china cabinet)/buffet, and
8 arm chair in Cosmos’ Bethany Cherry, Bethany Gold, and Bethany Antique
Facsimile: (310) 394-4477

9 collections (all of which hereafter may be referred to as the “Accused Products”),


10 infringe AICO’s copyrights and design patents for its Villa Valencia dining table,
11 china cabinet/buffet, and chair with arms, respectively. Thus, Defendants are
CISLO & THOMAS LLP

Los Angeles, CALIFORNIA 90025

12 recidivist, willful, intentional infringers of AICO’s copyrights and design patents


12100 Wilshire Boulevard
Attorneys at Law

13 for its Villa Valencia dining table, china cabinet/buffet, and chair with arms.
www.cislo.com
SUITE 1700

14 47. Defendants have blatantly disregarded their obligations to not only to


Telephone: (310) 451-0647

15 respect AICO’s proprietary designs, but to exercise due diligence to avoid such
16 designs. Defendants are clearly attempting to ride on AICO’s coattails and benefit
17 from the tremendous goodwill and reputation AICO and its furniture designs have
18 in the industry in both the United States and Canada, and to divert sales away from
19 AICO by selling cheap knockoffs of AICO’s furniture.
20 48. For the aforementioned reasons, Cosmos is liable to AICO and must
21 be deterred from any further violations of AICO’s intellectual property rights.
22
23 COUNT I - COPYRIGHT INFRINGEMENT
24 17 U.S.C. §§ 101 ET SEQ.
25 49. AICO hereby repeats and incorporates herein the allegations set forth
26 in paragraphs 1 through 48 above.
27 50. This claim is against Defendants for copyright infringement in
28 violation of the Copyright Act of 1976, 17 U.S.C. § 101 et seq.

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Case 2:18-cv-06343 Document 1 Filed 07/23/18 Page 10 of 17 Page ID #:10

1 51. AICO’s copyrighted works attached hereto as Exhibits 5-7 (the


2 “Works”) contain a substantial amount of original material which constitutes
3 copyrightable subject matter protected under the Copyright Act of 1976, 17 U.S.C.
4 § 101 et seq.
5 52. As previously alleged, AICO has applied for, and received from, the
6 United States Register of Copyrights Certificates of Registration for copyrighted
7 Works.
8 53. AICO has at all times complied in all respects with the Copyright Act
Facsimile: (310) 394-4477

9 of 1976 and all other laws of the United States with regard to Plaintiff’s Works.
10 54. Defendants have had knowledge of, and access to, AICO’s
11 copyrighted works by virtue of the 2011 and 2013 Settlement Agreements, the
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12 Second Action, and also AICO’s extensive advertising and displaying of its
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13 copyrighted furniture over the years.


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14 55. Defendants’ Accused Products infringe AICO’s rights in The Works in


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15 violation of AICO’s exclusive rights under the Copyright Act of 1976, 17 U.S.C. §
16 106.
17 56. Defendants’ offering for sale and/or sales of substantially similar
18 and/or identical copies of The Works, including Kumar’s purposeful direction,
19 control, and/or ratification thereof, constitute copyright infringement in violation of
20 AICO’s exclusive rights under the Copyright Act of 1976, 17 U.S.C. § 101 et seq.
21 57. By reason of Defendants’ acts of copyright infringement, AICO is
22 entitled to recover all profits received or otherwise achieved, directly or indirectly,
23 by Defendants in connection with their infringements. Or, in the alternative,
24 Plaintiff is entitled to an award of statutory damages as provided for in 17 U.S.C. §
25 504(c). Because of Defendants’ knowing and intentional offering for sale and/or
26 sales of the Accused Products, including Kumar’s purposeful direction, control,
27 and/or ratification thereof, among other matters set forth herein, which demonstrate
28 that Defendants’ infringements are willful and intentional, enhanced damages are

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1 warranted under the Copyright Act.


2 58. By reason of Defendants’ acts of copyright infringement, AICO has
3 suffered and will continue to suffer irreparable injury unless and until this Court:
4 (1) enters an order enjoining and restraining Defendants from using the works in
5 any manner, and (2) orders all the copied works to be impounded.
6 59. Defendants’ continuing acts of copyright infringement, unless
7 enjoined, will cause and have caused irreparable damage to AICO in that it will
8 have no adequate remedy at law to compel Defendant to cease such acts. AICO
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9 will be compelled to prosecute a multiplicity of actions, one action each time


10 Defendants commit such acts, and in each such action it will be extremely difficult
11 to ascertain the amount of compensation which will afford AICO adequate relief.
CISLO & THOMAS LLP

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12
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13 COUNT II - DESIGN PATENT INFRINGEMENT PURSUANT TO 35 U.S.C


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14 § 101, ET SEQ.
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15 60. Plaintiff hereby repeats and incorporates herein the allegations set
16 forth in paragraphs 1 through 59 above.
17 61. AICO’s ‘893, ‘852, and ‘409 Patents (see, Exhibits 8-10 attached
18 hereto) have at all relevant times subsequent to their issue dates been fully
19 enforceable and are now fully enforceable.
20 62. Subsequent to the issuance of the ‘893, ‘852, and ‘409 Patents,
21 Defendants have infringed the patents by importing, offering to sell, and/or selling,
22 and continuing to import, offer to sell, and/or sell products that come within the
23 scope of the claims of the patents, and that come within a range of equivalents of
24 the claims of the patents, and/or contributing to the infringement activities of
25 others.
26 63. The using, importing, offering to sell, and/or selling of infringing
27 products by Defendants, and/or contributing to the infringement activities of others,
28 has been without authority or license from AICO and in violation of AICO’s rights,

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1 thereby infringing the ‘893, ‘852, and ‘409 Patents.


2 64. Defendants’ infringement of AICO’s ‘‘893, ‘852, and ‘409 Patents has
3 been willful, with knowledge, and in blatant disregard for the exclusive rights of
4 AICO set forth in its patents set forth herein.
5 65. AICO is entitled to a complete accounting of all revenue derived by
6 Defendant from the unlawful conduct alleged herein pursuant to 35 U.S.C. § 289.
7 66. The harm to AICO arising from Defendants’ acts of infringement of
8 AICO’s ‘893, ‘852, and ‘409 Patents is not fully compensable by money damages.
Facsimile: (310) 394-4477

9 Rather, AICO has suffered and continues to suffer irreparable harm which has no
10 adequate remedy at law and which will continue unless Defendants’ conduct is
11 enjoined.
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12 67. AICO is therefore also entitled to a preliminary injunction, to be made


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13 permanent on entry of the judgment, preventing Defendants from further


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14 infringement.
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15
16 COUNT III – BREACH OF SETTLEMENT AGREEMENT
17 68. Plaintiff hereby repeats and incorporates herein the allegations set
18 forth in paragraphs 1 through 67 above.
19 69. Cosmos U.S. and Cosmos Canada are believed to be owned,
20 controlled, and operated by Kumar for his own personal benefit and gain, in
21 disregard of corporate formalities. This fact, in addition to the fact that, each of the
22 three settlement agreements referenced herein released Cosmos Canada, as well as
23 its affiliates, agents, representatives, employees, officers, directors, spouses, heirs,
24 administrators, executors or assigns, among others, indicates that Cosmos U.S. and
25 Kumar are parties to these agreements, or are foreseeable, intended beneficiaries of
26 these agreements and are effectively parties to these agreements.
27 70. AICO and Defendants entered into a settlement agreement in June of
28 2009. A copy of the 2009 Settlement Agreement is attached hereto as Exhibit 1.

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1 71. The 2009 Settlement Agreement was the product of significant


2 negotiations and consideration flowing between both AICO and Defendants. As
3 such, a valid contractual arrangement exists between AICO and Defendants.
4 72. In or about 2011, Defendants breached the 2009 Settlement
5 Agreement, and caused AICO to take action to enforce its rights under the 2009
6 Settlement Agreement. The result of such enforcement action by AICO was the
7 2011 Settlement Agreement, said agreement being attached hereto as Exhibit 2.
8 73. The 2011 Settlement Agreement was the product of significant
Facsimile: (310) 394-4477

9 negotiations and consideration which flowed between both AICO and Defendants.
10 As such, a valid contractual arrangement exists between AICO and Defendants.
11 74. In or about 2013, Defendants breached the 2009 and 2011 Settlement
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12 Agreements, and caused AICO to take action to enforce its rights under the 2009
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13 and 2011 Settlement Agreements. The result of such enforcement action by AICO
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14 was the 2013 Settlement Agreement, said agreement being attached hereto as
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15 Exhibit 3. The exhibit to the 2013 Settlement Agreement is omitted to minimize


16 the volume of materials submitted to the Court.
17 75. The 2013 Settlement Agreement was the product of significant
18 negotiations and consideration which flowed between both AICO and Defendants.
19 As such, a valid contractual arrangement exists between AICO and Defendants.
20 76. AICO has fully performed all of its obligations under the three
21 settlement agreements.
22 77. Defendants have repeatedly and materially breached each of the
23 settlement agreements by virtue of the activities described herein and hereinbelow,
24 and many of the representations made by Defendants in the settlement agreements
25 have proven that Defendants had no intention of abiding by them.
26 78. More specifically, as it pertains to the 2009 Settlement Agreement, in
27 paragraph 4 therein, Defendants agreed to use their best efforts to avoid infringing
28 on any of AICO’s intellectual property rights. By resuming selling furniture that is

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1 within the scope of AICO’s proprietary rights in its furniture designs, Defendants
2 have violated their “best efforts” obligations from the 2009 settlement agreement.
3 79. As it pertains to the 2011 Settlement Agreement, Defendants breached
4 several provisions of that agreement. Paragraph 1 required Defendants to cease all
5 dealings “anywhere in the world” of any products substantially similar in
6 appearance to, among other things, AICO’s Villa Valencia dining room intellectual
7 property-protected pieces, which Defendants have again violated at this time as set
8 forth above.
Facsimile: (310) 394-4477

9 80. In addition, with respect to the 2011 Settlement Agreement,


10 Defendants breached the due diligence provision (to avoid infringing AICO’s
11 intellectual property rights) set forth in paragraph 5.
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12 81. Further, with respect to paragraph 13 of the 2011 Settlement


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13 Agreement, AICO is entitled to recover its reasonable attorneys’ fees and costs for
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14 Defendants’ breach of the 2011 Settlement Agreement.


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15 82. As it pertains to the 2013 Settlement Agreement, Defendants violated


16 the due diligence provision (to avoid infringing AICO’s intellectual property rights)
17 in paragraph 5.
18 83. Further, with respect to paragraph 14 of the 2013 Settlement
19 Agreement, AICO is entitled to recover its reasonable attorneys’ fees and costs for
20 Defendants’ breach of the 2011 Settlement Agreement.
21 84. As a direct result of Defendants’ breaches of the settlement
22 agreements, AICO has been damaged in an amount to be proven at trial, including
23 an award of attorneys’ fees and costs in bringing this action.
24
25 PRAYER FOR RELIEF
26 WHEREFORE, AICO demands judgment against Defendant, as follows:
27 A. For an order preliminarily and permanently enjoining the Defendants,
28 and each of them, and their officers, directors, agents, servants, attorneys, and

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1 employees and all other persons acting in concert with them from committing any
2 further acts of copyright and patent infringement, including but not limited to,
3 selling the Accused Products and any products colorably similar thereto, and/or any
4 products within the scope of AICO’s copyrights and design patents set forth herein,
5 or aiding or abetting or assisting others in such infringing activities;
6 B. For an order directing Defendants to file with this Court and to serve
7 on the AICO within thirty (30) days after service on Defendants of the injunction
8 granted herein, or such extended period as the Court may direct, a report in writing,
Facsimile: (310) 394-4477

9 under oath, setting forth in detail the manner and form in which Defendants have
10 complied with the injunction and order of the Court;
11 C. For an order seizing and impounding all Accused Products anywhere
CISLO & THOMAS LLP

Los Angeles, CALIFORNIA 90025

12 in the world;
12100 Wilshire Boulevard
Attorneys at Law

13 D. For a judgment to be entered for AICO and against Defendants in that


www.cislo.com
SUITE 1700

14 Defendants, and each of them, have infringed each of AICO’s copyrights asserted
Telephone: (310) 451-0647

15 herein;
16 E. For a judgment to be entered for AICO and against Defendants in that
17 Defendants, and each of them, have infringed each of AICO’s design patents
18 asserted herein;
19 F. For a judgment requiring Defendants, and each of them, to account to
20 AICO for and to pay AICO all profits derived by Defendants from selling the
21 Accused Products, as well as any other acts prescribed by 17 U.S.C. § 106, and/or
22 for statutory damages based upon Defendants’ acts of copyright infringement
23 pursuant to 17 U.S.C. § 504, at Plaintiff’s election;
24 G. For a judgment to be entered for AICO against Defendants in an
25 amount equal to the profits Defendants made in connection with their sales of
26 products that infringe the ‘893, ‘852, and ‘409 Patents pursuant to 35 U.S.C. § 289
27 to be proven at trial, or in the alternative, a reasonable royalty, or statutory damages
28 in the amount of $250 per patent infringed;

15
Case 2:18-cv-06343 Document 1 Filed 07/23/18 Page 16 of 17 Page ID #:16

1 H. For a judgment that Defendant has willfully and deliberately infringed


2 Plaintiff’s rights, such that Plaintiff is entitled to enhanced statutory damages
3 pursuant to 17 U.S.C. § 504(c), if elected, and that this is an exceptional case
4 entitling Plaintiff to enhanced damages under the Patent Laws of the United States;
5 I. For a judgment to be entered for AICO against Defendants for breach
6 of the aforementioned settlement agreements, including payment by Defendants to
7 AICO of AICO’s attorneys’ fees and costs in connection with the breach of said
8 settlement agreements;
Facsimile: (310) 394-4477

9 J. For a judgment that Defendants have willfully and deliberately


10 infringed AICO’s copyright and patent rights, such that AICO is entitled to a
11 determination that this is an exceptional case under the Patent Act, and a case
CISLO & THOMAS LLP

Los Angeles, CALIFORNIA 90025

12 warranting attorneys’ fees under the Copyright Act, thus entitling AICO to an
12100 Wilshire Boulevard
Attorneys at Law

13 award of attorneys’ fees under both the Copyright Act and Patent Act;
www.cislo.com
SUITE 1700

14 K. For a judgment awarding to AICO prejudgment and postjudgment


Telephone: (310) 451-0647

15 interest until the award is fully paid; and,


16 L. For such other and further relief as this Court may deem just and
17 equitable under the circumstances.
18
19
Respectfully submitted:
20
21 CISLO & THOMAS LLP
22
23 Dated: July 23, 2018 By: /s/Donald M. Cislo
Donald M. Cislo
24 Daniel M. Cislo
25 Mark D. Nielsen
26
Attorneys for Plaintiff, AMINI
27 INNOVATION CORPORATION
28 \\Srv-db\tmdocs\18-37092\Complaint against Cosmos.docx

16
Case 2:18-cv-06343 Document 1 Filed 07/23/18 Page 17 of 17 Page ID #:17

1 DEMAND FOR JURY TRIAL


Plaintiff hereby demands a trial by jury on all issues raised by the Complaint
2
so triable.
3
4
Respectfully submitted:
5
6 CISLO & THOMAS LLP
7
8 Dated: July 23, 2018 By: /s/Donald M. Cislo
Donald M. Cislo
Facsimile: (310) 394-4477

9 Daniel M. Cislo
10 Mark D. Nielsen
11
Attorneys for Plaintiff, AMINI
CISLO & THOMAS LLP

Los Angeles, CALIFORNIA 90025

12
12100 Wilshire Boulevard

INNOVATION CORPORATION
Attorneys at Law

13
www.cislo.com
SUITE 1700

\\Srv-db\tmdocs\18-37092\Complaint against Cosmos.docx

14
Telephone: (310) 451-0647

15
16
17
18
19
20
21
22
23
24
25
26
27
28

17
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 1 of 90 Page ID #:18

Exhibit 1
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 2 of 90 Page ID #:19
Jun-Z9-Z00e OZ:33pm From-Ci~lg &ThQna~ 3103944471 T-303 P.002/0UZ f-43Z

SE'ITLEMENT AGREEMENT
This Agreement is by and between Amini Innovation Corporation, a California
corporation with its principal place of business at 8725 Rex Road, Pico Rivera, California
90660 (" AICO") on the one hand, and Cosmos Furniture, Ltd., a Canadian corporation with a
place of business &r Cosmos Furniture, 209 Citation Drive, Vaughn, OntariQ L4K2Y8 Canada,
(" Cosmos '1) OD. the other band.

WITNESSEm
WHEREAS, Area has desi{;lloo for it, markets, and sells home furnishings, including
its ConiDa. Oppu)ente, Tresor, Tuscano, lIIld Windsor Court collections;

WHEREAS, AICO owns the following U.S. Copyright Registrations and/or U.S.
Design Patents:
.
TABLEl
AICO FURNITURE ITEM COPYRIGHT 1 DESIGN PATENT
Cortina Bed Footboard VA 1-314-234 ID535.507
COI1ina Bed Headboard VA 1-306-206/D536,558
Cortina Dresser VA 1-306-2051 D530,538
Cortina Dresser Mirror VA 1-306-204/ D524.060
Cortina Ni2b.t Stand VA 1-623-886
Cortina Annoire VA 1-623-887
ODPulente Night Stand VA 1-420-186
Oppwente Bed Headboard 0568,075
Oppulente Bed Footboard D562,601
OppuJente Bed Footboard with Posts D561,505
ODuulente Dresser D562.587
OpPulente Dresser Mirror D560~916
Tresor Dresser VA 1-302-358
TresorBed VA 1-302-359
Tuscano China Cabinet 1 Buffet VA 1-369-881/ D528,325
Thscano Table VA 1-357-042
Windsor Court Annoire VA 1-627-078
Windsor Court Nightstand VA 1-414-941
Windsor Court Bed VA 1-424-583 1 D568,076/ D572.052
Windsor Court Dresser VA 1414-942/D564,785
Windsor Comt Arm Chair VA 1414-943/ D572.028
Wl.Qdsor Court China Cabinetl.Buffet VA 1·424-587 1 D565.325

,L,Lvvl76£01£l : 01 :WOJ~ 20:,L0 6002-0£-Nnr


Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 3 of 90 Page ID #:20
Jvn-2S-2009 02!ITpm
From-eislo I Thomas 3103944477 T-3D2 P.003/0DG F-431

WHEREAS. in or about September of 2008, AlCO learned of Cosmos' advertising,


marketing, distribution, public display, offering for sale and/or selling thtougll its internet
website bedroom and dining room furniture in the following collections that are sixnilar to at
leasr certain items in AICO's Cortina bed1:'oom collection, Tresor bedroom collection, Tuscano
dining room collection, Windsor Cowt bedroom collection, Windsor Court dining room
colleetion, and Oppulenre bedroom collection that are protected by copyrights andlor design
patents (see, Table 1, above) - namely. respectively: Cosmos' Jennifer bedroom collection,
Perry Ellis bedroom collection, Emily dining room collection, Sterling bedroom collection,
Edison diD.ing room collection, and Camila bedroom collection.

WHEREAS. on or about October 6, 2008, November 11, 2008, and November 17,
2008. AleO notified Cosmos in writing of the infringements of the copyrights and desigIl
patents set forth in Table 1 above;

WHEREAS, Aleo was forced [0 commence litigation after Cosmos did not respond to
the cease and desist letters. The litigat:ion~ Amini Innovation Corp. v. Cosmos Furniture,
Ltd., U.S.D.C. Central District of California~ Case No. CV 08-7855 ("The Litigation"), was
fIled on or about November 26, 2008;

WHEREAS, as a representation material to Aleo's assent to this Agreement, Cosmos


represents and warranTS that it has minimal inventory of, no expected deliveries frOlD. or
through its supplier(s) of, or any open orders for, its Iennifer bedroom collectioD. Perry Ellis
bedroom collection. Emily dining room collection, Sterling bedroom collection, Edison dining
room collection. and Camila bedroom collection; and,

WHEREAS, iD. lieu of further incurring substantial expenses in litigation. MCa and
Cosmos now desire to amicably settle and resolve all their differences.

NOW THEREFORE, in view of the mutual promises contained herein and other good
and valuable consideration, the parties hereby agree as follows:

1. Cosmos agrees to immediately cease all use, manufacture, importing, distribution,


marketing, advertising. pUblicly displayin&, internet displaying, trade show displaying, offers
to sell, and/or sales anywhere in the world of any and all products within the sC()pe of and/or

LL1717176£01Tl : 01 :WOJ~ 20:L0 6002-0£-Nnr


Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 4 of 90 Page ID #:21
Jun-Z9-2009 02:17pm From-Cislc &Thomas 310394~477 T-30Z . P. 004/006 F-431

substaIltially similar in appearance to the items shown in, U.S. Copyright Registralions and
U.S. Design Patents set forth in Table 1, including Cosmos' Jennifer bedroom collection.
Petty Ellis bedroom collection, Emily dining room collection, Sterling bedroom collection,
Edison diI)ing room collection, and Camila bedroom collection. except that Cosmos may sell of
the remainder of irs existing minimal inventory until October 31, 2009, after which any
remaining inventory shall be donated to charity. and documentation of said donation shall be
provided to Aleo's counsel, Cislo & Thomas LLP. Should AleC learn that Cosmos'
inventory of its Jennifer bedroom collection, Perry Ellis bedroom collection, Emily dining
room collection, Sterling bedroom collection, Edison dining room collection, and Camlla
bedroom collection was more than minimal, AlCO shall be entitled to collect a 10% royalty on
the sales price of all inventory sold by Cosmos after the dale Cosmos signs this Agreement.
Aleo shall be further entitled to audit Cosmos' books within one year of the date Cosmos
executes this Agreement.

2. C~mos agrees to remove all photographs and/or references to its Jennifer bedroom
collection, Perry Ellis bedroom collection, Emily diniDg room collection, Sterling bedroom
collection, Edison dining room collection, and Camila bedroom collection from its Internet
(3) days of Cosmos' execution of this Agreement. Cosmos' failure to
websue(s) within three
do so win result in a $1,000.00 charge per day beyond the deadline for removing said
photographs and/or references from Cosmos' website(s).

3. As part of this Agreement, Cosmos agrees to provide a check to AleO's cOllosel (aslo
& Thomas UP, 1333 2Dd Street, Suite 500, Santa Monica., California 94101 USA) in the
amount of ~,OOO.OO (US) made OUt and payable to "Amini Innovation Corporation."
Cosmos must send this check by overnight delivery to AleO's counsel within three (3) days of
AlCO's counsel faxing and e>-mailiDg of the fully executed version of this Agreement to
Cosmos. Otherwise, each party is responsible for its own attorneys' fees aDd costs incurred as
a result of this matter. In exchange, AICO will dismiss The Litigation with prejudice.

4. Cosmos agrees to make its best efforts to be mindful of and respect AleO's proprietaIy
designs in the future, in part, by consid~ AlCO's website (www.amWi.com) before
deciding (0 offer a line of furnirure for sale in the future. If any questions arise regarding such
maners, counsel for AICO may be contacmd for inquiry.

:WOJ~ £0:L0 6002-0£-Nnr


Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 5 of 90 Page ID #:22
Jun-29-2009 D2:17pm From-tislo &Thomas 3103944417 T-302 P.005/00S F-431

S. Except for the obligations imposed by rhis Agreement, the parties hereby release
forever and discharge each other, as well as each other's respective affiliates, agents.
represenwives, employees, officers, directors, spouses, heirs, administrators, executors or
assigos, any person, entity OJ: association claiming by, through or under them of any of the
foregoing from any and all claims, demands, liability. damages, costs and causes of action of
every kind whether known or unknown with respect to the mbject maner of this dispute and
the subject matter of t:h.i.s Agreement up to the effective day of this Agreement, and subject to
the terms of this Agreemem.

6. This Agreement constituteS the complete understanding between the parties, and
supersedes all prior agreements or understandings. whether written or oral. This Agreement
shall not be modified or amended except in writing and signed by the parties hereto. Any
modification or amendment must specifically reference this Agreement.

7. Tbis Agreement shall be binding upon and inure to the benefit of the parties hereto and
their successors, assigns and related companies. If any provision of this Agreement is
adjudged to be invalid or unenforceable, the validity or enforceability of the remaioing
provisioIlS of this Agreement shall not be affected.

8. This Agreement may be executed in counterpans. each of which ~all be considered an


original, and. both of which, taken together, shall oonstimte one agreement.

9. In the event that the document is signed by one party and faxed to another, the parties
agree that a faxe<l signature shall be binding upon the parties to Ibis Agreement: as though the
signature was an original. If the parties exchange signatures through PDF documents, such
signature pages shall also be binding upon the parties to this Agreemenr as though the signamre
was an original.

10. If auy tenn, clause or provision hereof is beld inValid or unenforceable by a court of
competent jurisdiction, such invalidity shall not affect the validity or operatioo of any other
term, clause or provision and such invalid term, clause or provision shall be deemed to be
severed ftom the Agreement.

11. Any violations of this Agreement shall be enforced in the couns in Los Angeles

,U_1717176£01£I: 01. :wo~~ £0:L0 6002-0[-Nnr


Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 6 of 90 Page ID #:23
Jun-29-2009 02:17pm From-Cislo &Thomas 3103944477 T-3DZ P.006/006 F-431

County, California, and Cosmos specifically consents to personal jurisdiction and proper.venue
in the courts in Los Angeles County, California.

12. Each party represents and warrants thar it has freely agreed to this Agreement fully
intending to be bolIDd by the termS and conditions herein and that it has fulJ power and
authority to execute, deliver and perform this Agreement.

IN WITNESS WHEREOF. the panies hereto have executed and delivered tllis
Settlement Agreement to be effective upon execution by the parties.

Dated; _ _- - - - , 2009 AMINI INNOVATION CORP.

By:
M-:-:i,.-:ch-ae-l-A-m-jn-j,-C-E....O - - - - - - -

Dated: • JflV\N.d1 ,2009


,

T:\03-Zlml&:tIlcm:lll ,,--DOC

:wo~~ £0:L0 6002-0£-Nnr


Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 7 of 90 Page ID #:24
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 8 of 90 Page ID #:25

Exhibit 2
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 9 of 90 Page ID #:26

SETTLEMENT AGREEMENT
This Agreement is by and between Amini Innovation Corporation, a California
corporation with its principal place of business at 8725 Rex Road, Pico Rivera, California 90660
(“AICO”) on the one hand, and Cosmos Furniture, Ltd., a Canadian corporation with a place of
business at Cosmos Furniture, Ltd., 1055 Clark Blvd., Brampton, Ontario L6T 3W4 Canada,
(“Cosmos”) on the other hand.

WITNESSETH
WHEREAS, AICO has designed for it, markets, and sells home furnishings, including
bedroom and dining room sets in its Cortina, Oppulente, Tresor, Tuscano, Venetian, Villa
Valencia, and Windsor Court collections.

WHEREAS, AICO owns the following U.S. Copyright Registrations and/or U.S. Design
Patents:
TABLE 1
AICO FURNITURE ITEM COPYRIGHT / DESIGN PATENT
Cortina Bed Footboard VA 1-314-234 / D535,507
Cortina Bed Headboard VA 1-306-206 / D536,558
Cortina Dresser VA 1-306-205 / D530,538
Cortina Dresser Mirror VA 1-306-204 / D524,060
Cortina Night Stand VA 1-623-886 /
Cortina Armoire VA 1-623-887 /
Oppulente Night Stand VA 1-420-186 /
Oppulente Bed Headboard VA 1-657-756 / D568,075
Oppulente Bed Footboard VA 1-653-272 / D562,601
Oppulente Bed Footboard with Posts / D561,505
Oppulente Dresser VA 1-657-756 / D562,587
Oppulente Dresser Mirror VA 1-681-372 / D560,916
Oppulente dining room table VA 1-420-188 / D569,660
Oppulente china cabinet/buffet VA 1-420-270 / D564,795
Oppulente arm chair VA 1-420-187 / D564,773
Tresor Dresser VA 1-302-358 /
Tresor Bed VA 1-302-359 /
Tuscano China Cabinet / Buffet VA 1-369-881 / D528,325
Tuscano Table VA 1-357-042 /
Venetian arm chair VA 1-302-369 / D516,333
Venetian side chair VA 1-372-229 /
Venetian china cabinet/buffet VA 1-302-368 / D528,826
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 10 of 90 Page ID #:27

Villa Valencia dining room table VA 1-627-918 / D592,893


Villa Valencia china cabinet/buffet VA 1-627-828 / pending
Villa Valencia arm chair VA 1-627-832 / D575,409
Windsor Court Arm Chair VA 1-414-943 / D572,028
Windsor Court China Cabinet/Buffet VA 1-424-587 / D565,325

WHEREAS, in or about September of 2008, AICO learned of Cosmos’ advertising,


marketing, distribution, public display, offering for sale and/or selling through its internet
website bedroom and dining room furniture in the following collections that are similar to at
least certain items in AICO’s Cortina bedroom collection, Tresor bedroom collection, Tuscano
dining room collection, Windsor Court bedroom collection, Windsor Court dining room
collection, and Oppulente bedroom collection that are protected by copyrights and/or design
patents (see, Table 1, above) – namely, respectively: Cosmos’ Jennifer bedroom collection, Perry
Ellis bedroom collection, Emily dining room collection, Sterling bedroom collection, Edison
dining room collection, and Camila bedroom collection.

WHEREAS, on or about October 6, 2008, November 11, 2008, and November 17, 2008,
AICO notified Cosmos in writing of the infringements of the copyrights and design patents set
forth in Table 1 above.

WHEREAS, AICO was forced to commence litigation after Cosmos did not respond to
the cease and desist letters. The litigation, Amini Innovation Corp. v. Cosmos Furniture, Ltd.,
U.S.D.C. Central District of California, Case No. CV 08-7855 (“The Litigation”), was filed on or
about November 26, 2008.

WHEREAS, The Litigation was ultimately settled in June of 2009 by written agreement
(the “prior settlement agreement”). The terms of the written agreement from June of 2009 are
incorporated herein by reference to the extent they are different than, and not in conflict with, the
terms of the present agreement. If there is a conflict, the terms of the present agreement control.

WHEREAS, in the prior settlement agreement, Cosmos agreed to permanently remove


photographs of the accused furniture items from its website.

WHEREAS, in February of 2011, AICO learned that Cosmos’ website contained images
of at least some of the accused furniture from The Litigation, and which Cosmos was barred

2
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 11 of 90 Page ID #:28

form displaying by the prior settlement agreement.

WHEREAS, from at least as early as February 10, 2011 until their removal on February
23, 2011, Cosmos website contained images of the following accused products: (1) Jennifer
bedroom collection; (2) Perry Ellis bedroom collection; (3) Edison dining room collection; (4)
Emily dining room collection; (5) its Celina bedroom collection (which is identical to the Camila
bedroom collection from the prior activities of Cosmos in 2009 with respect to The Litigation);
(6) Evelin dining room collection; (7) Patricia bedroom collection; and, (8) Mirage dining room
collection.

WHEREAS, the prior settlement agreement called for a $1,000.00 per day charge for
each day the accused products from The Litigation were on Cosmos’ website after its deadline to
remove them, which was in July of 2009. Thus, the accused products were on Cosmos’ website
for fourteen (14) days, warranting a charge of $14,000.00.

WHEREAS, in Cosmos’ print catalog for 2011, the Patricia dining room collection is
depicted.

WHEREAS, in correspondence dated February 22, 2011 and March 7, 2011, counsel for
AICO notified Cosmos of the aforementioned violations of the prior settlement agreement and
AICO’s intellectual property rights set forth in Table 1.

WHEREAS, in lieu of incurring substantial expenses in litigation, AICO and Cosmos


now desire to amicably settle and resolve all their differences.

WHEREAS, as a representation material to AICO’s assent to this Agreement, Cosmos


represents and warrants that it has no inventory of, no expected deliveries from or through its
supplier(s) of, or any open orders for, its (1) Jennifer bedroom collection; (2) Perry Ellis
bedroom collection; (3) Edison dining room collection; (4) Emily dining room collection; (5) its
Celina bedroom collection (which is identical to the Camila bedroom collection from the prior
activities of Cosmos in 2009 with respect to The Litigation); (6) Evelin dining room collection;
(7) Patricia bedroom collection; and, (8) Mirage dining room collection.

3
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 12 of 90 Page ID #:29

NOW THEREFORE, in view of the mutual promises contained herein and other good
and valuable consideration, the parties hereby agree as follows:

1. Cosmos agrees to immediately cease all use, manufacture, importing, distribution,


marketing, advertising, publicly displaying, internet displaying, trade show displaying, offers to
sell, and/or sales anywhere in the world of any and all products within the scope of and/or
substantially similar in appearance to the items shown in, U.S. Copyright Registrations and U.S.
Design Patents set forth in Table 1, including Cosmos’ (1) Jennifer bedroom collection; (2) Perry
Ellis bedroom collection; (3) Edison dining room collection; (4) Emily dining room collection;
(5) its Celina bedroom collection (which is identical to the Camila bedroom collection from the
prior activities of Cosmos in 2009 with respect to The Litigation); (6) Evelin dining room
collection; (7) Patricia bedroom collection; and, (8) Mirage dining room collection. Should
AICO learn that Cosmos’ had inventory of its (1) Jennifer bedroom collection; (2) Perry Ellis
bedroom collection; (3) Edison dining room collection; (4) Emily dining room collection; (5) its
Celina bedroom collection (which is identical to the Camila bedroom collection from the prior
activities of Cosmos in 2009 with respect to The Litigation); (6) Evelin dining room collection;
(7) Patricia bedroom collection; and, (8) Mirage dining room collection, AICO shall be entitled
to collect a 10% royalty on the sales price of all inventory sold by Cosmos after the date Cosmos
signs this Agreement. AICO shall be further entitled to audit Cosmos’ books within one year of
the date Cosmos executes this Agreement.

2. Cosmos agrees to remove, and keep removed, all photographs and/or references to its (1)
Jennifer bedroom collection; (2) Perry Ellis bedroom collection; (3) Edison dining room
collection; (4) Emily dining room collection; (5) its Celina bedroom collection (which is
identical to the Camila bedroom collection from the prior activities of Cosmos in 2009 with
respect to The Litigation); (6) Evelin dining room collection; (7) Patricia bedroom collection;
and, (8) Mirage dining room collection from its Internet website(s) within three (3) days of
Cosmos’ execution of this Agreement. Cosmos’ failure to do so will result in a $1,000.00 charge
per day for any day beyond the deadline for removing said photographs and/or references from
Cosmos’ website(s) such photographs and/or references exist.

3. Cosmos shall notify in writing known recipients of its 2011 catalog depicting the Patricia
dining room collection, and inform them that the Patricia dining room is no longer available.

4
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 13 of 90 Page ID #:30

4. Concurrent with its signing of this Agreement, Cosmos shall provide by overnight mail a
check to AICO’s counsel (Cislo & Thomas LLP, 1333 2nd Street, Suite 500, Santa Monica,
California 94101 USA) in the amount of $10,000.00 (US) made out and payable to “Amini
Innovation Corporation.” Upon receipt and clearance of this check for $10,000.00, counsel for
AICO will return to Cosmos a fully executed copy of this Agreement. By June 28, 2011,
Cosmos shall provide by overnight mail a check to AICO’s counsel (Cislo & Thomas LLP, 1333
2nd Street, Suite 500, Santa Monica, California 94101 USA) in the amount of $4,000.00 (US)
made out and payable to “Amini Innovation Corporation.” Otherwise, each party is responsible
for its own attorneys’ fees and costs incurred as a result of this matter. In exchange, AICO will
not initiate new litigation against Cosmos in Los Angeles County, California, as it is entitled to
do under the prior settlement agreement and based on Cosmos’s accused conduct herein.

5. From the date of this Agreement forward, Cosmos agrees to exercise due diligence in the
future to make sure it avoids AICO’s proprietary designs. Cosmos shall do this, in part, by
considering AICO’s website (www.amini.com) before deciding to offer a line of furniture for
sale. If any questions arise regarding such matters, counsel for AICO may be contacted for
inquiry prior to Cosmos’ offering a line of furniture for sale that may infringe AICO’s
proprietary designs.

6. Cosmos agrees to notify counsel for AICO of any person or entity Cosmos believes may
be offering for sale copies or knockoffs of AICO’s furniture. Cosmos is not obligated to make
itself familiar with AICO’s furniture; but, to the extent it is familiar with AICO’s furniture, it
shall notify AICO of any potential infringers occurring anywhere in the world.

7. Except for the obligations imposed by this Agreement, the parties hereby release forever
and discharge each other, as well as each other’s respective affiliates, agents, representatives,
employees, officers, directors, spouses, heirs, administrators, executors or assigns, any person,
entity or association claiming by, through or under them of any of the foregoing from any and all
presently known claims, demands, liability, damages, costs and causes of action of every kind
with respect to the subject matter of this Agreement up to the effective day of this Agreement,
and subject to the terms of this Agreement.

8. This Agreement constitutes the complete understanding between the parties, and
supersedes all prior agreements or understandings, whether written or oral, except that this

5
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 14 of 90 Page ID #:31

Agreement shall incorporate the terms of the June 2009 settlement agreement to the extent they
are different than, and do not conflict with, the terms herein. This Agreement shall not be
modified or amended except in writing and signed by the parties hereto. Any modification or
amendment must specifically reference this Agreement.

9. This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their successors, assigns and related companies. If any provision of this Agreement is adjudged
to be invalid or unenforceable, the validity or enforceability of the remaining provisions of this
Agreement shall not be affected.

10. This Agreement may be executed in counterparts, each of which shall be considered an
original, and both of which, taken together, shall constitute one agreement.

11. In the event that the document is signed by one party and faxed to another, the parties
agree that a faxed signature shall be binding upon the parties to this Agreement as though the
signature was an original. If the parties exchange signatures through PDF documents, such
signature pages shall also be binding upon the parties to this Agreement as though the signature
was an original.

12. If any term, clause or provision hereof is held invalid or unenforceable by a court of
competent jurisdiction, such invalidity shall not affect the validity or operation of any other term,
clause or provision and such invalid term, clause or provision shall be deemed to be severed
from the Agreement.

13. Any violations of this Agreement shall be enforced in the courts in Los Angeles County,
California, and Cosmos specifically consents to personal jurisdiction and proper venue in the
courts in Los Angeles County, California. The prevailing party in any such enforcement action
shall be entitled to recover its reasonable attorneys’ fees and costs of suit.

///

///

///

6
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 15 of 90 Page ID #:32
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 16 of 90 Page ID #:33

14. Each party represents and warrants that it has freely agreed to this Agreement fully
intending to be bound by the terms and conditions herein and that it has full power and authority
to execute, deliver and perform this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed and delivered this Settlement
Agreement to be effective upon execution by the parties.

Dated: ,2011 AMINI INNOVATION CORP.

By: -::-::------:-----,-...,-=-=-------
Michael Amini, CEO

Dated: Mo:;!r I) ,2011 COSMOSrFU~TD.

By: ,J)~ . '!


Printed'....... T , -

Title:
T:\11·24629I$enlemenl Agreemel11 201 I.DOC

llOZ-6l-S0 'w'd BP:9Z:ZO LL9Z-06L-S06


LlL
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 17 of 90 Page ID #:34

Exhibit 3
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 18 of 90 Page ID #:35
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 19 of 90 Page ID #:36
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 20 of 90 Page ID #:37
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 21 of 90 Page ID #:38
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 22 of 90 Page ID #:39
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 23 of 90 Page ID #:40

Exhibit 4
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 24 of 90 Page ID #:41

COLLECTION

1
COLLECTION

The look and feel of Old World Spain have been beautifully
captured in this grand collection, designed exclusively
for the Michael Amini Signature Series. Beautifully
crafted from Birch solids with Cherry, Pecan, and Elm
Burl veneers, the distinctive marquetry and intricate
embellishments compliment a classic chestnut finish.
Uniquely twisted and shaped marble pilasters with carved
wooden leaves wrapping around adorn some of the pieces.
From its marble relief to the unique multi-faceted beveled
glass encasements, Villa Valencia is a timeless collection to
be treasured year after year.

• Stunning marquetry, intricate botanical carvings and


marble accents throughout the collection.

• Select case goods include optional "light box" with faux


alabaster panels to crown the top of the piece.

• Case goods with plywood backs screwed into position.

• Bed is configurable in three unique ways.

• French and English dovetail construction on all drawers


Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 25 of 90 Page ID #:42

along with full velvet lining, cedar construction, and metal


ball-bearings with full extendable suspensions.

• Custom designed tarnish resistant silverware caddy in


buffet and sideboard.

• Dual lighting system on curio and china cabinet with


beveled faceted and protruded door glass.

• Full length, low-distortion mirrored.

2 3
DINING ROOM
A. Rectangular Dining Table (2 pc)
30.5”h x 84” x 46”d. Extends to 144"l with
three 20"l leaves. 72002-55

B. Arm Chair
49”h x 28.25”w x 28.25”d. 72004-55

C. Side Chair
D 49”h x 23”w x 26”d. 72003-55

D. Illuminated China & Buffet


with Lighting Box (3 pc)
90.25”h x 79”w x 20”d. 72005-6LB-55

A
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 26 of 90 Page ID #:43

C
B

16 17
DINING ROOM
A. Round Dining Table (2 pc)
30.5”h x 60”dia. Extends to 84"l with one
24"l leaf. 72001-55

B. Arm Chair
49”h x 28.25”w x 28.25”d. 72004-55

C C. Sideboard and Mirror


Sideboard. 41.75”h x 72”w x 20”d. 72007-55
Sideboard Mirror. 51.5”h x 64.25”w x 1.75”d.
72067-55

* Curio Not Available


Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 27 of 90 Page ID #:44

18 19
With leaves.

Arm Chair
49”h x 28.25”w x 28.25”d. 72004-55
Rectangular Dining Table (3pc)
30.5”h x 84” x 46”d. Extends to 144"l with three 20"l leaves. 72002-55

With leaf.

Round Dining Table (2 pc) Side Chair


30.5”h x 60”dia. Extends to 84"l with one 24"l leaf. 72001-55 49”h x 23”w x 26”d. 72003-55
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 28 of 90 Page ID #:45

Illuminated China & Buffet Sideboard and Mirror


with Lighting Box (3 pc) Sideboard. 41.75”h x 72”w x 20”d. 72007-55
90.25”h x 79”w x 20”d. 72005-6LB-55 Sideboard Mirror. 51.5”h x 64.25”w x 1.75”d. 72067-55

Dining Table Top detail


20 21
BEDROOM
Eastern King Cal King
74”h x 86”w x 97”d. 72000EKP-55 74”h x 86”w x 101”d. 72000CKP-55

King Poster Headboard Top. King Poster Headboard Top.


51”h x 85.5”w x 8”d. 72015T-55 51”h x 85.5”w x 8”d. 72015T-55
King Poster Headboard Bottom. King Poster Headboard Bottom.
23”h x 85.5”w x 8”d. 72015B-55 23”h x 85.5”w x 8”d. 72015B-55
King Poster Footboard. King Poster Footboard.
55.5”h x 86”w x 8.25”d. 72025-55 55.5”h x 86”w x 8.25”d. 72025-55 Bedside Chest Bachelor's Chest Dresser & Mirror Decorative Floor Mirror Gentleman's Chest
East King Panel Rails and Wood Slats. Cal King Panel Rails and Wood Slats. 33.25”h x 36”w x 19.5”d. 72040-55 33”h x 46”w x 20”d. 72042-55 Dresser. 40”h x 75.5”w x 20”d. 72050-55 90”h x 43.25”w x 7.5”d. 72062-55 64”h x 50”w x 24”d. 72070-55
Low Poster Bed
11”h x 84.5”w x 2.5”d. 72039-55 11”h x 88”w x 2.5”d. 72035-55 Decorative Mirror Dresser Mirror. 43.5”h x 60.5”w x 12.5”d. 72060-55
Eastern King and Cal King.
57”h x 33”w x 1.75”d. 72041-55 Lighting Box for Dresser Mirror. (Optional/Not shown)
6”h x 58.5”w x 9.5”d. 72060LB-55

Eastern King Cal King


112”h x 86”w x 97”d. 72000EKCAN-55 112”h x 86”w x 101”d. 72000CKCAN-55

King Poster Headboard Top. King Poster Headboard Top.


ENTERTAINMENT FIREPLACE
51”h x 85.5”w x 8”d. 72015T-55 51”h x 86”w x 8”d. 72015T-55
King Poster Headboard Bottom. King Poster Headboard Bottom.
23”h x 85.5”w x 8”d. 72015B-55 23”h x 86”w x 8”d. 72015B-55
King Poster Footboard. King Poster Footboard.
55.5”h x 86”w x 8.25”d. 72025-55 55.5”h x 86”w x 8.25”d. 72025-55
East King Panel Rails and Wood Slats. Cal King Panel Rails and Wood Slats.
Canopy Bed 11”h x 84.5”w x 2.5”d. 72039-55 11”h x 88”w x 2.5”d. 72035-55
Eastern King and Cal King. East King Poster Canopy Kit Cal King Potster Canopy Kit
Entertainment Console (Top Not Available) Fireplace with Electric Insert
13”h x 101.5”w x 90.75”d. 72139-55 13”h x 90.5”w x 105”d. 72135-55
Ent Unit Base. 29”h x 76.25”w x 24”d. 72095B-55 Fireplace. 46”h x 74”w x 20.5”d. 72220-55
King Tall Posts for Headboard (2pc) King Tall Posts for Headboard (2pc)
Electric Fireplace Insert w/Heater & LED Lights
39.5”h x 8.5”w x 8.5”d. 72315-55 39.5”h x 8.5”w x 8.5”d. 72315-55
28.5"h x 32.5"w x 9.5"d. AFB33S
King Tall Posts for Footboard (2pc) King Tall Posts for Footboard (2pc)
57”h x 9”w x 9”d. 72325-55 57”h x 9”w x 9”d. 72325-55

LIVING ROOM OCCASIONAL

Wood Trim Tufted Sofa Wood Trim Tufted Loveseat Wing Chair Cocktail Table End Table Chair Side Table Sofa Table
94"l x 38"d x 44"h. 72815-GREEN-55 74”l x 38”d x 44”h. 72825-GREEN-55 33”l x 35.75”d x 41”h. 72836-GRBRZ-55 Rect Cocktail Table Top & Base Plate. End Table Top & Base Plate. 26”h x 18”w x 18”d. 72222-55 Sofa Table Top & Base Plate.
7.5”h x 56.5”w x 37”d. 72201T-55 10.5”h x 28”w x 28”d. 72202T-55 10.5”h x 54”w x 20”d. 72203T-55
Marble Columns for Cocktail Table. Marble Columns for End Table. Marble Columns for Sofa Table.
13.5”h x 4.75”w x 4.75”d. 72201C-55 15.5”h x 4.75”w x 4.75”d. 72202C-55 20.5”h x 5”w x 5”d. 72203C-55

DINING ROOM

Rectangular Dining Table (3pc) Round Dining Table (2 pc) Arm Chair Side Chair Illuminated China & Buffet Sideboard and Mirror
30.5”h x 84” x 46”d. Extends to 144"l with three 30.5”h x 60”dia. Extends to 84"l with one 24"l leaf. 49”h x 28.25”w x 28.25”d. 72004-55 49”h x 23”w x 26”d. 72003-55 with Lighting Box (3 pc) Sideboard. 41.75”h x 72”w x 20”d. 72007-55
20"l leaves. Round Dining Table Top. 5.25”h x 60”dia. 72001T-55 Sideboard Mirror. 51.5”h x 64.25”w x 1.75”d. 72067-55
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 29 of 90 Page ID #:46

China. 49.5”h x 79”w x 20”d. 72005-55


Rect Dining Table Top. 5.25”h x 84”w x 46”d. 72002T-55 Round Dining Table Base. 25.25”h x 28”dia. 72001B-55 Buffet. 31”h x 79”w x 20”d. 72006-55
Rect Dining Table Base. 21.5”h x 17”w x 17”d. 72002B-55 Lighting Box for China. (Optional)
Rect Dining Table Base Plate. 3.75”h x 59.25”w x 23”d. 9.75”h x 77.25”w x 19.25”d. 72005LB-55
72002BP-55

HOME OFFICE

Writing Desk Writing Desk Chair


Writing Desk Top. 30.75”h x 53.25”w x 28”d. 72277T-55 Writing Desk. 42”h x 26”w x 23”d. 72044-55
Writing Desk Base. 24”h x 4.75”w x 4.75”d. 72277B-55

Designs, specifications, finishes and materials may change without notice. Product dimensions are ±2 inches. Please contact your sales representative for current information.
22 23
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 30 of 90 Page ID #:47

CEO and Founder, Michael Amini, uses his


extensive world travel as inspiration for
AICO®’s luxurious and distinctive pieces. His
use of traditional and unique design elements,
exceptional materials, hidden features,
and innovative production techniques all
come together to form and unmatched
heirloom quality product that can be enjoyed
for generations.

AMINI.COM

8725 Rex Road, Pico Rivera, CA 90660


Phone (562) 222-2500 . Fax (562) 222-2525
info@amini.com

Showrooms:
Las Vegas, World Market Center, C1601
High Point, IHFC C800

Contained herein are original designs that are protected


by copyrights and/or design patents. The unauthorized
reproduction of a copyrighted work is unlawful and subjects
violators to substantial civil damages, criminal penalties,
forfeiture of infringing goods, and payment of all litigation and
attorney’s fees. The penalties for unauthorized reproduction of
a design-patented work include payment to the patent owner
of damages and attorney’s fees. Violations of copyrights and/
or design patents can result in prosecution to the fullest extent
permitted by law. Designs depicted are proprietary with AICO ©
All rights reserved. 0318

*882945334422* 882945334422

24
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 31 of 90 Page ID #:48

Exhibit 5
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 32 of 90 Page ID #:49

Certificate of Registration
This Certificate issued under the seal ofthe Copyright
Office in accordance with title 17, United States Code,
atle$tS that registration has been made for the work
identified below. The information on this certificate has
been made a part ofthe Copyright Office records.

~:=:~m_ Registration Number:

VA 1..627-918
Efl'ective daCe of
or--', .-_ _ ...... _ . - ._ _, • " ....... .. ~do~: - .9 • .'_____ _

October 17,2007

litle - - - - - - - - - - - - - - - - - - - - - - - -
nde ofWork: ViDa Valencia Table
Nature ofWork: Ornamental Designs
Completionl Publication - - - - - - - - - - - - - - - - -
Year of Completion: 2006
Date of 1st Publlcation: October 16, 2006 NadoD of 1st Publication: United States

Author
• Author: Jack Schmitt
Author Created: 3-Dimensional sculpture

Work made for blre: No


OtizeD of: United States Domidled ill: United States
Anonymous: Yes
-~.,.- Copyr.JgM.-9I~m~fll·· _ . . . . , . _ - - - -... 4-~~~----~_-..
Copyright OaJmant: Amini Innovation CotpOnUion
Pseudonymous: No
.--
8725 Rex Road, Pico Rivem, CA. 90660
1i'aDSfer Statement: By Assignment

Limitation of copyright clal"!'


Previously registered: No

certification
Name: Daniel M CiSlo
Date: October 7,2007

Page lof 1
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Exhibit 6
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 40 of 90 Page ID #:57
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 41 of 90 Page ID #:58
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 42 of 90 Page ID #:59
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Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 49 of 90 Page ID #:66
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 50 of 90 Page ID #:67

Exhibit 7
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 51 of 90 Page ID #:68
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 52 of 90 Page ID #:69
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 53 of 90 Page ID #:70
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Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 56 of 90 Page ID #:73
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 57 of 90 Page ID #:74
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 58 of 90 Page ID #:75
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 59 of 90 Page ID #:76
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 60 of 90 Page ID #:77
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 61 of 90 Page ID #:78
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 62 of 90 Page ID #:79

Exhibit 8
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 63 of 90 Page ID #:80
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 64 of 90 Page ID #:81
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 65 of 90 Page ID #:82
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 66 of 90 Page ID #:83
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Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 68 of 90 Page ID #:85
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Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 70 of 90 Page ID #:87
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 71 of 90 Page ID #:88
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 72 of 90 Page ID #:89

Exhibit 9
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 73 of 90 Page ID #:90
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 74 of 90 Page ID #:91
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 75 of 90 Page ID #:92
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Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 77 of 90 Page ID #:94
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 78 of 90 Page ID #:95
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 79 of 90 Page ID #:96
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 80 of 90 Page ID #:97
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 81 of 90 Page ID #:98

Exhibit 10
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 82 of 90 Page ID #:99
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 83 of 90 Page ID #:100
Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 84 of 90 Page ID #:101
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Case 2:18-cv-06343 Document 1-1 Filed 07/23/18 Page 90 of 90 Page ID #:107