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Case 0:19-cv-60490-XXXX Document 1 Entered on FLSD Docket 02/25/2019 Page 1 of 17

IN THE UNITED STATES DISTRICT COURT


FOR THE SOUTHERN DISTRICT OF FLORIDA

BESWEET CREATIONS, LLC, )


a Florida limited liability company, )
)
Plaintiff, )
)
v. )
)
TRUREFLECTIONS, INC., )
a Texas corporation, )
)
Defendant. )
)

COMPLAINT

Plaintiff BESWEET CREATIONS, LLC, (hereinafter “Plaintiff” and/or “BeSweet”), by

and through its undersigned counsel, brings this action against Defendant Trureflections Inc.,

(hereinafter “Defendant”), for trademark infringement and false designation of origin under the

Federal Trademark Act of 1946, 15 U.S.C. § 1051, et seq. (“Lanham Act”).

NATURE OF ACTION

1. This suit arises from Defendant’s unauthorized use and misappropriation of

Plaintiff’s protected marks and identifiers in connection with the sale of potentially hazardous

and/or ineffective imitation vitamin products. It has come to Plaintiff’s attention that Defendant

is selling, distributing, and advertising a gummy vitamin product in direct competition with

Plaintiff that has packaging and an appearance that was substantially identical to the packaging

and an appearance used by Plaintiff to sell its gummy vitamin products. Defendant’s

unauthorized use of Plaintiff’s trade dress and trademark vitamin gummy in connection with the

sale, distribution, or advertising of Defendant’s imitation vitamin products is not only likely to

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cause confusion, or to cause mistake, or to deceive, it is intended to trick members of the public

that are looking to purchase gummy vitamin products from Plaintiff into purchasing Defendant’s

imitation gummy vitamin products or otherwise believing that Defendant’s products are from,

sponsored by, or approved by Plaintiff. Through its use of Plaintiff’s trade dress and trademark

vitamin gummy in connection with competing gummy vitamin products, Defendant is willfully

relying on Plaintiff’s past advertising and fame, as well as the goodwill symbolized by the trade

dress and trademark and the credibility appurtenant thereto due to Plaintiff’s years of providing

safe and effective products, in order to make a profit for themselves.

2. Plaintiff now brings this action for injunctive and other relief under the Lanham

Action for false designation of origin and for cancellation of a federal trademark registration.

Plaintiff seeks to prevent further unauthorized use and misappropriation of its trade dress and

trademark by Defendant; to cause Defendant to cease and desist from further defrauding the

American public; and to recover damages arising from Defendants willful and bad faith actions

and other wrongful acts.

PARTIES

3. BeSweet is a Florida limited liability company having its principal place of

business in Broward County, Florida.

4. Defendant is a Texas corporation having its principal place of business in Travis

County, Texas, and an amazon.com seller account named Tru Reflections Inc. Upon information

and belief, Defendant is a U.S. based subsidiary, licensee, or alter ego of Guangdong Yichao

Biological Co., Ltd., a Chinese limited liability company.

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JURISDICTION AND VENUE

5. This action arises under the Federal Trademark Act of 1946, 15 US.C. §1051 et

seq. This Court has subject matter jurisdiction of this action pursuant to 28 U.S.C. §1331, 1338(a),

1338(b), and 15 U.S.C. §1121, in that this action arises under Acts of Congress relating to

trademark.

6. This Court has personal jurisdiction over Defendant because Defendant has

committed tortious acts in this District through Defendant’s advertising and sale of imitation

vitamin products using Plaintiff’s packaging and an appearance through a website accessible in

this District, as part of a broad, long-term e-commerce business that extended its reach to

consumers in this District and shipped products to consumers in this District; because Defendant

has purposefully directed its course of conduct and other infringing acts toward, and has injured,

Plaintiff, which is an entity having its principal place of business in this District; and because a

substantial portion of the property that is the subject of this action, namely Plaintiff’s intellectual

property is situated within this District.

7. Venue is proper as to Defendant in this district under 28 U.S.C. §1391(b) and

1391(c) because a substantial part of the events giving rise to the claims herein occurred in this

District; a substantial part of property that is the subject of this action is situated in this District;

and because Defendant subject to personal jurisdiction in this District.

FACTUAL BACKGROUND

8. Plaintiff is in the business of, inter alia, (1) marketing and selling vitamins and

vitamin preparations and dietary and nutritional supplements (collectively, “vitamin products”)

and (2) providing online retail store services featuring vitamin products in interstate commerce.

Plaintiff generally markets and sells its vitamin products through not only its website at

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sugarbearhair.com, but also through various online marketplace and ecommerce websites as well

as on various online social media sites.

9. Plaintiff adopted BEAR design trademark ( ) in

2015 to identify its online retail store services and/or a line of vitamin products, including a Hair

Vitamin formulation product, and to distinguish its vitamin products from other products on the

market. Since that time, Plaintiff has continuously used its trademark in commerce throughout

the United States in connection with the marketing, selling and performing of Plaintiff’s retail

store services and certain lines of vitamin products. Plaintiff’s use of the BEAR design

trademark has been substantially exclusive during that time.

10. Plaintiff is the owner of a federal trademark registration for its BEAR design

trademark in connection with online retail store services and/or vitamin products (more fully

described in the certificates of registration attached hereto). Federal registration number

5,033,503 relates to the BEAR design trademark for vitamin products.

11. Plaintiff’s federal trademark registration is valid and subsisting. A copy of the

registration is attached to this Complaint as Exhibit A and hereby incorporated herein by

reference.

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12. In addition to Plaintiff’s rights in the registered BEAR design trademark, Plaintiff

owns all right in the image and overall appearance of its bottle (“Hair Vitamin Bottle Trade

Dress”). Plaintiff adopted its Hair Vitamin Bottle Trade Dress in 2015 and has continually used

the Hair Vitamin Bottle Trade Dress in commerce throughout the United States in connection

with the marketing and selling of Plaintiff’s Hair Vitamin formulation product since its date of

first use. Plaintiff’s use of the Hair Vitamin Bottle Trade Dress has been substantially exclusive

during that time.

13. Plaintiff’s Hair Vitamin Bottle Trade Dress includes the following elements:

a. a clear and colorless bottle having a white top and a label that has a light blue

base color, with the light blue label having white writing thereon;

b. the word “HAIR” in white, capitalized in a relatively large font relative to the

other printed indicia on the label, featured on the central portion of the label;

c. the word “VITAMINS” in white, capitalized in a relatively mid-sized font

relative to the other printed indicia on the label, featured directly below the

word “HAIR;”

d. a white rectangular block positioned under the word “VITAMINS” and

extending laterally across the bottle so as to be the same length as the word

“VITAMINS,” with light blue text therein that is the same color as the base

color of the label; and

e. the light blue label being sized to not extend completely to the top or the

bottle of the bottle so that the BEAR design trademark gummies inside the

bottle are visible from the outside of the bottle above and below the label

(when the bottle is full as sold).

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14. Plaintiff expended considerable sums in marketing its Hair Vitamin formulation

product. For example, since 2015, Plaintiff has extensively promoted its Hair Vitamin

formulation product under or in association with the BEAR design trademark and the Hair

Vitamin Bottle Trade Dress through social media advertising campaigns and internet

marketplace advertising, reaching millions of customers and potential customers on a monthly

basis. A true and correct copy of evidence of such promotion is attached to this Complaint as

Exhibit B, and hereby incorporated herein by reference.

15. Through Plaintiff’s longstanding use and promotional activities related to the

BEAR design trademark and the Hair Vitamin Bottle Trade Dress, and due to the widespread and

favorable public acceptance and recognition of those marks, each of the BEAR design trademark

and the Hair Vitamin Bottle Trade Dress have become a distinctive designation of the source of

origin for Plaintiff’s goods and/or services.

16. Plaintiff has exerted every effort to maintain the highest standard of quality for its

vitamin products. Plaintiff has enjoyed considerable success and is well known as the source of

origin of vitamin products, including its Hair Vitamin formulation product, and online retail store

services to consumers from Florida and throughout the United States under the BEAR design

trademark and the Hair Vitamin Bottle Trade Dress. Indeed, Plaintiff’s Hair Vitamin

formulation product is the #1 bestselling hair vitamin online since 2016 and is well known as the

world’s first gummy vegetarian hair multivitamin.

17. As a result of these efforts, Plaintiff has developed considerable fame, consumer

recognition, and goodwill in the BEAR design trademark and the Hair Vitamin Bottle Trade

Dress among the purchasing public. Consumers in Florida and throughout the United States

have come identify Plaintiff for vitamin products, including its Hair Vitamin formulation

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product, and online retail store services provided under and/or in association with the BEAR

design trademark and the Hair Vitamin Bottle Trade Dress and to trust Plaintiff for the safe and

effective products and fair and honest dealings offered under said identifiers.

18. Plaintiff owns rights in Florida and throughout the United States in and to the

BEAR design trademark and the Hair Vitamin Bottle Trade Dress for vitamin products which are

superior to any rights which Defendant may claim in and to said marks in any form or style.

19. Defendant is in the business of, inter alia, selling, offering for sale, and

advertising a hair vitamin product online, through a website accessible in this District, as part of

a broad, long-term e-commerce business that extends its reach to consumers in this District and

ships products to consumers in this District.

20. Defendant’s hair vitamin product is sold, offered for sale, and advertised using

product packaging that is nearly identical to Plaintiff’s Hair Vitamin Bottle Trade Dress and

having a vitamin appearance is identical to Plaintiff’s BEAR design trademark. A true and

correct copy of a select listing from amazon.com is attached to this Complaint as Exhibit C, and

hereby incorporated herein by reference.

21. Upon information and belief, Defendant routinely uses trade dress and trademarks

that are intended to imitate Plaintiff’s Hair Vitamin Bottle Trade Dress and Plaintiff’s BEAR

design trademark. An example of how Defendant presents its Defendant’s hair vitamin product

for sale and sells the same, and how that compares to Plaintiff’s BEAR design trademark and the

Hair Vitamin Bottle Trade Dress are provided below:

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Plaintiff’s Hair Vitamin Formulation Product Defendant’s hair vitamin product

22. Plaintiff has not in any way authorized Defendant’s use of Plaintiff’s BEAR

design trademark and the Hair Vitamin Bottle Trade Dress in association with Defendant’s hair

vitamin product.

23. Defendant’s hair vitamin product is not manufactured, distributed, or otherwise

offered by Plaintiff, or done so with the permission of Plaintiff.

24. Due to the similarities in the trade dress and the identical vitamin appearance,

consumers who encounter Defendant’s hair vitamin product are likely to believe that Defendant

and its imitation vitamin product are sourced from, approved by, associated with, and/or

affiliated with Plaintiff when, in fact, that is not the case.

25. Defendant’s use of Plaintiff’s trademark vitamin appearance, as well as its use of

an imitation of Plaintiff’s decorative bottle, to sell and advertise and its imitation vitamin product

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has occurred and continues to occur with at least constructive notice of Plaintiff’s trademark

rights by virtue of Plaintiff’s federal trademark registration.

26. Upon information and belief, Defendant’s use of Plaintiff’s trademark and

vitamin appearance, as well as its use of an imitation of Plaintiff’s decorative bottle, to sell and

advertise and its imitation vitamin product was done with full knowledge of Plaintiff’s BEAR

design trademark and the Hair Vitamin Bottle Trade Dress and has been a willful, intentional,

and deliberate course of action designed specifically to trade upon the goodwill associated with

Plaintiff’s BEAR design trademark and the Hair Vitamin Bottle Trade Dress as well as the

distinctiveness, strength, and value thereof. For example, when searching on Amazon.com for

“sugar bear hair,” Defendant’s hair vitamin product appears right under Plaintiff’s product,

looking substantially identical thereto. A true and correct copy of such a search from

amazon.com is attached to this Complaint as Exhibit D, and hereby incorporated herein by

reference. Also notable from when such a search is performed is that every other vitamin

product that comes up looks entirely different from Plaintiff’s hair vitamin formulation product

and Defendant’s hair vitamin product.

27. By using Plaintiff’s trademark name, designs and vitamin appearance, as well as

its use of an imitation of Plaintiff’s decorative bottle, to sell and advertise and its fraudulent

vitamin product, Defendant has and/or is attempting to unfairly profit from the name, reputation,

and advertising of Plaintiff.

28. Defendant’s use of Plaintiff’s trademark vitamin appearance, as well as its use of

an imitation of Plaintiff’s decorative bottle, to sell and advertise and its imitation vitamin product

which is offered in competition with Plaintiff’s Hair Vitamin formulation, causes the likelihood

of confusion, mistake or deception as to whether its imitation vitamin product are sponsored,

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affiliated, or approved by Plaintiff or whether Plaintiff’s Hair Vitamin formulation is affiliated or

associated with Defendant. Such conduct by Defendant deprives Plaintiff of the ability to

control the quality of the goods marketed under the infringed marks, and, instead, places

Plaintiff's valuable reputation and goodwill into the hands of Defendant, over whom Plaintiff has

no control.

29. Defendant has made and will continue to make substantial profits and gains to

which it is not in law or equity entitled.

30. The goodwill of Plaintiff for vitamin products and online retail store services that

has been acquired under its Plaintiff’s BEAR design trademark and the Hair Vitamin Bottle

Trade Dress is of significant value, and harm to such goodwill is irreparable.

31. Plaintiff has been and will continue to sustain damages which include lost

income, profits, and business opportunities as well as irreparable harm to its business, reputation

and goodwill as a direct and proximate result of Defendant’s actions.

32. Plaintiff has no adequate remedy at law for the acts of infringement and other

unlawful acts complained of herein and such acts have caused and will continue to cause damage

and irreparable injury to Plaintiff if Defendant is not restrained by this Court from further

violations of Plaintiff’s rights. For example, customers who purchase Defendant’s product

believing it is by or connected to Plaintiff’s may publish negative reviews and/or feedback about

Plaintiff’s products if they are unhappy with Defendant’s imitation product.

33. Plaintiff has retained the law firms of Kopelowitz Ostrow Ferguson Weiselberg

Gilbert and The Keys Law Firm, PLLC to represent its interest in these proceeding and is

obligated to pay the firms a reasonable attorney’s fee and court costs, which fees and costs are

recoverable from Defendant under the applicable federal law.

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COUNT I
TRADEMARK INFRINGEMENT UNDER 15 U.S.C. §1114

34. Plaintiff incorporates by reference the allegations contained in Paragraphs 1

through 33.

35. Plaintiff owns a federal trademark registrations for a BEAR design trademark for

vitamin products.

36. Plaintiff has continuously used its BEAR design trademark in connection with its

making, selling, and distributing of a hair vitamin formulation product in Florida and throughout

the United States since it adopted the mark, which was prior to Defendant commencing use of a

copy of the BEAR design trademark as a trademark or otherwise in connection with Defendant’s

marketing, selling, offering for sale, and/or advertising its hair vitamin product. Plaintiff’s use of

its BEAR design trademark continues unabated to this day.

37. Plaintiff’s use of its BEAR design trademark has been substantially exclusive and

said BEAR design trademark has become a distinctive designation of the source of origin for

Plaintiff’s goods.

38. Defendant’s adoption and use of the BEAR design trademark constitutes an

unauthorized use of a reproduction, counterfeit, copy, or colorable imitation of Plaintiff’s

registered marks in commerce in connection with the sale, offering for sale, distribution, or

advertising of vitamin products.

39. Defendant’s adoption and use of the BEAR design trademark makes Defendant’s

products look like Plaintiff’s. This not only creates a likelihood of consumer confusion, mistake

or deception but is in fact intended to create consumer confusion mistake and deception as the

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marks are employed to trick consumers into thinking Defendant’s vitamin products are those of

Plaintiff’s.

40. Defendant’s infringing actions have been committed, and continue to be

committed, with constructive and actual notice of the Plaintiff’s registered mark and with the

specific intent and purpose to trade upon the goodwill of Plaintiff’s BEAR design trademark.

Defendant’s infringement is therefore intentional, willful, and deliberate.

41. Defendant infringing actions are causing and are likely to continue to cause

substantial injury to the public and to Plaintiff. Plaintiff has suffered and continues to suffer and

incur irreparable injury, loss of reputation, and pecuniary damages.

WHEREFORE, Plaintiff demands judgment as set forth in the Prayer for Relief.

COUNT II
FALSE DESIGNATION OF ORIGIN UNDER 15 U.S.C. § 1125

42. Plaintiff incorporates by reference the allegations contained in paragraphs 1

through 33, above.

43. Plaintiff has continuously used its Hair Vitamin Bottle Trade Dress in connection

with its making, selling, and distributing of a hair vitamin formulation product in Florida and

throughout the United States since it adopted the trade dress, which was prior to Defendant

commencing use of a colorable imitation of the Hair Vitamin Bottle Trade Dress as trade dress in

connection with Defendant’s marketing, selling, offering for sale, and/or advertising its hair

vitamin product. Plaintiff’s use of its Hair Vitamin Bottle Trade Dress continues unabated to this

day

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44. Plaintiff’s Hair Vitamin Bottle Trade Dress, composed of the discrete elements

listed above, is inherently distinctive and has acquired distinctiveness in the minds of consumers

due to Plaintiff’s substantially exclusive longstanding and extensive use thereof.

45. Plaintiff’s Hair Vitamin Bottle Trade Dress, comprising a unique combination of

identifying features, is nonfunctional.

46. Defendants’ adoption and use of trade dress for Defendant’s hair vitamin product

that is substantially similar or a colorable imitation of Plaintiff’s Hair Vitamin Bottle Trade

Dress that is used on Plaintiff’s hair vitamin formulation product constitutes an unauthorized use

of Plaintiff’s Hair Vitamin Bottle Trade Dress in commerce.

47. Defendants’ adoption and use of trade dress for Defendant’s hair vitamin product

that is substantially similar or a colorable imitation of Plaintiff’s Hair Vitamin Bottle Trade

Dress creates a likelihood of confusion to consumers as to the proper origin of the products such

that a consumer is likely to believe that Defendant’s products are being sold with the consent or

authorization of Plaintiff, or that Defendant is affiliated with or connected to Plaintiff, or

otherwise cause confusion or mistake, or to deceive customers as to the affiliation, connection, or

association of its products or as to the origin, sponsorship, or approval by Plaintiff of

Defendant’s products and/or commercial activities.

48. Upon information and belief, Defendant’s unlawful conduct demonstrates an

intentional wrongful and bad faith intent to trade on the goodwill associated with Plaintiff’s mark

and profit from Plaintiff’s advertising and reputation.

49. Defendants’ unlawful conduct has weakened the distinctive quality of Plaintiff’s

mark and tarnished Plaintiff’s goodwill, results in Plaintiff having no control over the nature and

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quality of the goods and services offered by Defendant under an infringement of Plaintiff’s Hair

Vitamin Bottle Trade Dress.

50. Plaintiff has no adequate remedy at law.

51. Defendants are causing and are likely to cause substantial injury to the public and

to Plaintiff. Plaintiff is entitled to injunctive relief and to recover Defendants’ profits and

Plaintiff’s actual or statutory damages, costs, and reasonable attorneys fees.

WHEREFORE, Plaintiff demands judgment as set forth in the Prayer for Relief.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands the following relief against Defendant:

a) entry of judgment declaring that Defendant has infringed Plaintiff’s registered

trademark and has committed a false designation of origin by way of an infringement

of Plaintiff’s trade dress, each in violation of the Lanham Act;

b) a preliminary and permanent injunction which enjoins Defendant, and all others in

concert and privity with it, from using the BEAR design trademark, or any

confusingly similar mark or designation, as well as Plaintiff’s Hair Vitamin Bottle

Trade Dress, or any confusingly similar trade dress or designation, in connection

vitamin products, online retail services and/or any products and services which would

reasonably be thought by the buying public to come from Plaintiff;

c) an entry requiring Defendant to provide an accounting to Plaintiff for Defendant’s

profits, and a judgment for the actual damages suffered by Plaintiff as a result of

Defendant’s acts of infringement together with interests and costs; and pay for

corrective advertising;

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d) an entry declaring this case as exceptional, trebling said damages and awarding

reasonable attorneys fees due to the egregious nature of Defendant’s acts;

e) an entry requiring Defendant to expressly abandon any federal trademark applications

which are related to any mark, trade dress, or identifier which Defendant is enjoined

from using;

f) an entry requiring Defendant to immediately identify to Plaintiff each of their

manufacturers, distributors, suppliers, website operators through whom Defendant

has offered infringing products, and all others with whom they do business, and

provide to each a copy of the Court’s injunction order, and inform them in writing

that they must immediately cease, upon pain of contempt of the Court, the

manufacturer, distribution, importation, marketing, advertising, and sale of any

vitamin products using Plaintiff’s trademarks, trade dress, or any confusingly similar

designation;

g) an entry requiring Defendant to deliver up for destruction all packaging, literature,

advertising and other material in its possession custody and/or control that displays

any mark belonging to Plaintiff, along with all means of making or producing the

same, and remove all of its material that displays any mark belonging to Plaintiff

from the Internet;

h) an entry (1) requiring Defendant to immediately identify to Plaintiff every purchaser

of a product that displays any mark belonging to Plaintiff that was sold and every

purchaser of a product that was purchased on a webpage that displayed any mark

belonging to Plaintiff and/or (2) directing such other relief as the Court may deem

appropriate to prevent consumers and public in general from deriving the erroneous

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impression that any product manufactured, sold or otherwise circulated or promoted

by Defendant is authorized by Plaintiff or related in any way to Plaintiff’s products or

services;

i) an entry requiring Defendant to file with this Court and serve on Plaintiff’s counsel

within thirty days after the entry of an order, a report, in writing under oath, setting

forth in detail the manner and form in which they have complied with the terms of the

order and judgment herein; and

j) such other and further relief as the Court may be just and proper.

JURY DEMAND

Plaintiff hereby demands a jury trial on all issues so triable as a matter of right.

On this 25th day of February, 2019.

Respectfully submitted,

KOPELOWITZ OSTROW THE KEYS LAW FIRM, PLLC


FERGUSON WEISELBERG GILBER Co-Counsel for the Plaintiff
Attorney for the Plaintiff 3550 SW 148th Ave, Suite 110
One West Las Olas Blvd., Suite 500 Miramar, Florida 33027
Fort Lauderdale, Florida 33301 954-519-2041(Office)
Telephone: (954) 525-4100 954-519-2042(Fax)
Facsimile: (954) 525-4300 954-519-2091(Direct)

By: /s/ David L. Ferguson_____ By: _James Keys, III_________


DAVID L. FERGUSON James G. Keys, III
Florida Bar No. 981737 Florida Bar No. 63943
ALEXIS FIELDS Jkeys@keyslawfirm.com
Florida Bar 95953
ferguson@kolawyers.com
Fields@kolawyers.com

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VERIFICATION
Daniel J Morris
I, ______________________ declare as follows:

I am authorized by BESWEET CREATIONS, LLC, the Plaintiff in this action. I have

read the foregoing Complaint and know the contents thereof and the same are true based upon

my personal knowledge except as to such matters therein stated to be on information and belief,

and as to those matters I believe to be true. Pursuant to the provisions of 28 U.S.C. § 1746. I

declare under penalty of perjury that the foregoing is true and correct and further that these

statements and the like so made are punishable by fine or imprisonment, or both, under Section

1001 of Title 18 of the United States Code.

BESWEET CREATIONS, LLC

2/19/2019
Executed this ___ day of __________, 2018

By: ________________________________
Daniel J Morris

Managing Member

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EXHIBIT A

Reg. No. 5,033,503 BeSweet Creations, LLC (FLORIDA LIMITED LIABILITY COMPANY)
3350 NE 12 Avenue, Unit 70710
Registered Aug. 30, 2016 Oakland Park, FL 33307

CLASS 5: Dietary and nutritional supplements; Vitamins; Vitamins and vitamin


Int. Cl.: 5 preparations; Gummy vitamins
Trademark FIRST USE 11-26-2015; IN COMMERCE 11-26-2015

Supplemental Register The color(s) blue is/are claimed as a feature of the mark.

The mark consists of a configuration mark in the shape of a bear which is presented in blue
color.

SER. NO. 86-910,260, FILED P.R. 02-17-2016; AM. S.R. 07-08-2016


SHAUNIA P CARLYLE, EXAMINING ATTORNEY

EXHIBIT A
Case 0:19-cv-60490-XXXX Document 1-1 Entered on FLSD Docket 02/25/2019 Page 2 of 2
EXHIBIT A

REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION

WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE


DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.

Requirements in the First Ten Years*


What and When to File:

First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the
registration will continue in force for the remainder of the ten-year period, calculated from the registration
date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.

Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application
for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.

Requirements in Successive Ten-Year Periods*


What and When to File:

You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
between every 9th and 10th-year period, calculated from the registration date.*

Grace Period Filings*

The above documents will be accepted as timely if filed within six months after the deadlines listed above with
the payment of an additional fee.

*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an


extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use
(or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO).
The time periods for filing are based on the U.S. registration date (not the international registration date). The
deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for
nationally issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international registrations
do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying
international registration at the International Bureau of the World Intellectual Property Organization, under
Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the
date of the international registration. See 15 U.S.C. §1141j. For more information and renewal forms for the
international registration, see http://www.wipo.int/madrid/en/.

NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online at h
ttp://www.uspto.gov.

NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
owners/holders who authorize e-mail communication and maintain a current e-mail address with the
USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
available at http://www.uspto.gov.

Page: 2 of 2 / RN # 5033503

EXHIBIT A
Case 0:19-cv-60490-XXXX Document 1-2 Entered on FLSD Docket 02/25/2019 Page 1 of 11
EXHIBIT B 2018 Webpage
2018 Webpage

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Case 0:19-cv-60490-XXXX Document 1-2 Entered on FLSD Docket 02/25/2019 Page 2 of 11
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EXHIBIT B
Case 0:19-cv-60490-XXXX Document 1-2 Entered on FLSD Docket 02/25/2019 Page 4 of 11
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Case 0:19-cv-60490-XXXX Document 1-2 Entered on FLSD Docket 02/25/2019 Page 5 of 11
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EXHIBIT B
Case 0:19-cv-60490-XXXX Document 1-2 Entered on FLSD Docket 02/25/2019 Page 6 of 11
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EXHIBIT B
Case 0:19-cv-60490-XXXX Document 1-2 Entered on FLSD Docket 02/25/2019 Page 7 of 11
EXHIBIT B 2016
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EXHIBIT B
Case 0:19-cv-60490-XXXX Document 1-2 Entered on FLSD Docket 02/25/2019 Page 8 of 11
EXHIBIT B Influencer
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EXHIBIT B
Case 0:19-cv-60490-XXXX Document 1-2 Entered on FLSD Docket 02/25/2019 Page 9 of 11
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EXHIBIT B
Case 0:19-cv-60490-XXXX Document 1-2 Entered on FLSD Docket 02/25/2019 Page 10 of 11
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EXHIBIT B
Case 0:19-cv-60490-XXXX Document 1-2 Entered on FLSD Docket 02/25/2019 Page 11 of 11
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Case 0:19-cv-60490-XXXX Document 1-4 Entered on FLSD Docket 02/25/2019 Page 1 of 3
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EXHIBIT D
Case 0:19-cv-60490-XXXX Document
JS 44 (Rev. 06/17) FLSD Revised 06/01/2017 1-5 COVER
CIVIL EnteredSHEET
on FLSD Docket 02/25/2019 Page 1 of 2
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose
of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) NOTICE: Attorneys MUST Indicate All Re-filed Cases Below.
I. (a) PLAINTIFFS BeSweet Creations, LLC, a Florida Limited DEFENDANTS TRU REFLECTIONS Inc., a Texas corporation
Liability Company

(b) County of Residence of First Listed Plaintiff Broward County County of Residence of First Listed Defendant Austin, TX
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
David L. Ferguson, Esquire, One West Las Olas Blvd., Suite 500
Fort Lauderdale, Florida 33301, 954-525-4100
(d) Check County Where Action Arose: MIAMI- DADE MONROE BROWARD PALM BEACH MARTIN ST. LUCIE INDIAN RIVER OKEECHOBEE HIGHLANDS

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff)
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6


Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729 (a))
140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent – Abbreviated 460 Deportation
New Drug Application
Student Loans 340 Marine Injury Product 840 Trademark 470 Racketeer Influenced and
(Excl. Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) 490 Cable/Sat TV
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Mgmt. Relations 863 DIWC/DIWW (405(g)) 850 Securities/Commodities/
190 Other Contract Product Liability 380 Other Personal 740 Railway Labor Act 864 SSID Title XVI Exchange
195 Contract Product Liability 360 Other Personal Property Damage 751 Family and Medical 865 RSI (405(g)) 890 Other Statutory Actions
196 Franchise Injury 385 Property Damage Leave Act 891 Agricultural Acts
362 Personal Injury - Product Liability 790 Other Labor Litigation 893 Environmental Matters
Med. Malpractice 791 Empl. Ret. Inc. 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS Security Act FEDERAL TAX SUITS Act
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 870 Taxes (U.S. Plaintiff 896 Arbitration
220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) 899 Administrative Procedure
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRS—Third Party 26 Act/Review or Appeal of
Sentence USC 7609
240 Torts to Land 443 Housing/ Other: Agency Decision
Accommodations
245 Tort Product Liability 445 Amer. w/Disabilities - 530 General IMMIGRATION 950 Constitutionality of State
Statutes
290 All Other Real Property Employment 535 Death Penalty 462 Naturalization Application
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee –
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
1 Original 2 Removed 3 Re-filed 4 Reinstated 5 Transferred from 6 Multidistrict 7 Appeal to 8 Multidistrict
Proceeding from State (See VI or another district Litigation
District Judge Litigation 9 Remanded from
Appellate Court
Court below) Reopened (specify) Transfer
from Magistrate – Direct
Judgment File

VI. RELATED/ (See instructions): a) Re-filed Case YES NO b) Related Cases YES NO
RE-FILED CASE(S) JUDGE: DOCKET NUMBER:
Cite the U.S. Civil Statute under which you are filing and Write a Brief Statement of Cause (Do not cite jurisdictional statutes unless diversity):
VII. CAUSE OF ACTION Federal Trademark Act 1946 (Lanham Act) This Court has subject matter jurisdiction in that this action arises under
Acts of Congress
LENGTH OF TRIAL relating
via to trademark.
days estimated (for both sides to try entire case)
VIII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION
DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER F.R.C.P. 23
JURY DEMAND: Yes No
ABOVE INFORMATION IS TRUE & CORRECT TO THE BEST OF MY KNOWLEDGE
DATE SIGNATURE OF ATTORNEY OF RECORD
February 25, 2019

FOR OFFICE USE ONLY


RECEIPT # AMOUNT IFP JUDGE MAG JUDGE

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Case 0:19-cv-60490-XXXX Document 1-5 Entered on FLSD Docket 02/25/2019 Page 2 of 2
JS 44 (Rev. 06/17) FLSD Revised 06/01/2017

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet


The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the
official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the “defendant” is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment,
noting in this section “(see attachment)”.
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X” in
one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the
Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and
box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4
is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature
of suit code that is most applicable. Click here for: Nature of Suit Code Descriptions.
V. Origin. Place an “X” in one of the seven boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the
petition for removal is granted, check this box.
Refiled (3) Attach copy of Order for Dismissal of Previous case. Also complete VI.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict
litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this
box is checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision.
Remanded from Appellate Court. (8) Check this box if remanded from Appellate Court.
VI. Related/Refiled Cases. This section of the JS 44 is used to reference related pending cases or re-filed cases. Insert the docket numbers and the
corresponding judges name for such cases.

VII. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553
Brief Description: Unauthorized reception of cable service
VIII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

Date and Attorney Signature. Date and sign the civil cover sheet.
Case 0:19-cv-60490-XXXX Document 1-6 Entered on FLSD Docket 02/25/2019 Page 1 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the
SouthernDistrict
__________ Districtof
of__________
Florida

BESWEET CREATIONS, LLC, a Florida limited )


liability company, )
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
Tru Reflections Inc, a Texas corporations., )
)
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) Tru Reflections Inc


830 W 3RD ST
APT 3132
AUSTIN, TX 78701-3874

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: David L. Ferguson, Esquire
Kopelowitz Ostrow Weiselberg Gilbert
One West Las Olas Blvd., Suite 500
Fort Lauderdale, Florida 33301
Main: 954-525-4100

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date: 02/25/2019
Signature of Clerk or Deputy Clerk
Case 0:19-cv-60490-XXXX Document 1-6 Entered on FLSD Docket 02/25/2019 Page 2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)


was received by me on (date) .

’ I personally served the summons on the individual at (place)


on (date) ; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual) , who is


designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

’ I returned the summons unexecuted because ; or

’ Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

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