Cambria Company v. Lakeside Surfaces - Complaint

Case 1:20-cv-00508 ECF No. 1 filed 06/05/20 PageID.
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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CAMBRIA COMPANY LLC,
Plaintiff,
Civil No.
v.
DEMAND FOR JURY TRIAL
LAKESIDE SURFACES, INC.,
Defendant.
COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT AND

UNFAIR COMPETITION
For its Complaint against Defendant Lakeside Surfaces, Inc. (“Lakeside”), Plaintiff
Cambria Company LLC (“Cambria”), states and alleges the following:
PARTIES
1. Plaintiff Cambria is a Minnesota limited liability company with its principal place
of business at 805 Enterprise Drive East, Suite H, Belle Plaine, MN 56011.
2. Upon information and belief, Defendant Lakeside is a Michigan corporation with
its principal place of business at 2265 Black Creek Rd, Muskegon, MI 49444. Lakeside also has
locations at 3792 29th Street SE, Kentwood, MI 49512; 2807 Cass Road Suite B1, Traverse City,
MI 49684; 12816 Emerson Dr, Brighton, MI 48116; and 6274 Norton Center Dr, Norton Shores,
MI 49441.
JURISDICTION AND VENUE
3. Cambria’s claims arise under the patent and trademark laws of the United States,
35 U.S.C. §§ 1 et seq, and 15 U.S.C. §§ 1051 et seq. Subject matter jurisdiction exists pursuant
to 28 U.S.C. §§ 1331 and 1338(a).

Case 1:20-cv-00508 ECF No. 1 filed 06/05/20 PageID.2 Page 2 of 13
4. This Court has personal jurisdiction over Lakeside. Upon information and belief,
Lakeside has a physical place of business in this judicial district located at 3792 29th Street SE,
Kentwood, MI 49512. Lakeside has also committed the acts complained of herein in the Western
District of Michigan, including, but not limited to (a) making, using, selling, or offering for sale
the infringing products accused herein; and (b) directing its infringing products at residents in the
State of Michigan and in this judicial district. Lakeside distributes its infringing products within
this judicial district. Finally, Cambria’s claims arise out of or relate to Lakeside’s activities in
Michigan.
5. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1331, 1338(a) and
(b), 1391 and 1400(b) because Lakeside has committed acts of infringement in this judicial district
where the infringing products can be found. Lakeside has a regular and established physical place
of business in this judicial district located at 3792 29th Street SE, Kentwood, MI 49512. This Court
also has supplemental jurisdiction over the Michigan statutory claims for unfair competition under
28 U.S.C. §§ 1338(b) and 1367(a) because these claims are so related to the claims under which
the Court has original jurisdiction that it forms the part of the same case or controversy under
Article III of the United States Constitution.
FACTUAL BACKGROUND
6. Plaintiff Cambria is an industry leader in the design and manufacture of natural
quartz surface products. Cambria’s natural quartz surface products have a variety of uses in homes
and businesses, including, but not limited to, countertops, floor tiles, vanities, fireplace surrounds,
wet bars, and showers.
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Cambria’s Patents
7. To protect its designs, Cambria sought and received intellectual property
protections in its designs, including, but not limited to, United States Design Patent D780,332 (the
“D’332 patent”).
8. The D’332 patent issued on February 28, 2017. Cambria is the owner of the D’332
patent by assignment. The D’332 patent is valid, enforceable, and duly issued in compliance with
Title 35 of the United States Code. A true and correct copy of Cambria’s D’332 patent is attached
as Exhibit A.
9. The D’332 patent is entitled “An Ornamental Design for a Slab.” The sole figure
from the D’332 patent is shown below:
10. Cambria’s Brittanicca™ quartz surface product from its Marble Collection™
features the design of the D’332 patent.
11. Cambria’s Brittanicca product has been marked in accordance with 35 U.S.C.
§ 287. Cambria marks the D’332 patent number on slab labels and sample labels.
Cambria’s Trademarks
12. Cambria first publicly displayed the trademark “THE FINEST COUNTERTOP
MAKERS IN THE WORLD” as signage over the doors of its manufacturing and fabrication
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facilities in LeSueur, MN as early as July 2014. Cambria has displayed its trademark continuously
in that location since that time.
13. Beginning in 2014 and continuously since that time, Cambria has similarly
displayed its trademark “THE FINEST COUNTERTOP MAKERS IN THE WORLD” as signage
(1) over the doors of its processing plant in Le Sueur, MN; (2) over the doors of its corporate
headquarters and fabrication shop in in Belle Plaine, MN; (3) over the doors of its fabrication shop
in Indianapolis, IN; and (4) over the doors of its fabrication shop in Cleveland, OH. Cambria has
displayed its trademark continuously in those locations since that time.
Lakeside’s Activities
14. Defendant Lakeside purchases surface products from manufacturers such as
Cambria, fabricates the product in accordance with the specifications provided by its customers,
and then sells the fabricated product to retailers, builders, designers and commercial firms as well
as local kitchen and bath stores. In fact, Lakeside purports to be “the largest fabricator and installer
of countertop materials in the Midwest.” About Us, Lakeside Surfaces, Inc. (last visited 6.1.2020),
available at https://lakesidesurfaces.com/about/.
15. For years, Lakeside distributed Cambria’s products in Michigan. As part of that
relationship, Lakeside’s employees would routinely visit Cambria’s facilities and corporate
headquarters in Minnesota. As just one example, on February 20, 2015, Lakeside’s CFO Daniel
Foy visited Cambria’s processing plant in Le Sueur, MN for the purpose of touring Cambria’s
manufacturing facility. Prior to participating in the tour of the Cambria facility, Mr. Foy executed
Cambria’s Visitor Confidentiality Agreement.
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16. Upon information and belief, Mr. Foy viewed Cambria’s trademark “THE FINEST
COUNTERTOP MAKERS IN THE WORLD” either before, during or after his tour of Cambria’s
facilities on February 20, 2015.
17. On August 20, 2015, Lakeside applied for trademark protection for the phrase
“THE FINEST COUNTERTOP MAKERS IN THE WORLD.” As part of its trademark
application, Lakeside represented to the United States Patent and Trademark Office that the phrase
“THE FINEST COUNTERTOP MAKERS IN THE WORLD” was first used at least as early as
August 1, 2015 and was first used in commerce at least as early as August 15, 2015.
18. As part of its trademark application, Lakeside filed a declaration under oath stating
it was the owner of the mark “THE FINEST COUNTERTOP MAKERS IN THE WORLD.” In
that same declaration, Lakeside represented to the United States Patent and Trademark Office that
“to the best of [its] knowledge and belief, no other persons, except, if applicable, concurrent users,
have the right to use the mark in commerce . . . ” Those statements were false.
19. To support its application, Lakeside submitted the following photo of a Lakeside
van using the phrase “The Finest Countertop Makers in the World” positioned above a Cambria
logo:
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20. Nowhere in Lakeside’s trademark application or in subsequent prosecution did
Lakeside reference the fact that Cambria had been using the mark “THE FINEST COUNTERTOP
MAKERS IN THE WORLD” since at least July 2014, including during the time when Lakeside’s
CFO personally toured Cambria’s facilities where Cambria’s mark was being used.
21. The United States Patent and Trademark Office issued United States Trademark
Number 4,957,640 on May 10, 2016 for the mark “THE FINEST COUNTERTOP MAKERS IN
THE WORLD.” The mark was awarded to Lakeside Surfaces, Inc.
22. Since the time of its trademark application, Lakeside has used the mark “THE
FINEST COUNTERTOP MAKERS IN THE WORLD” in commerce to advertise its products and
services. As one example, Lakeside posts “Our motivation” on its Instagram account “to be the
Finest Countertop Makers in the World™ Thank you for being a valued customer!” See
https://www.instagram.com/p/BUKFH7VjwP_/?fbclid=IwAR1joxIm86o94ZUKwp4e7lQaMe3f
h0E1srWtyYgyo8_ehQb--_gGqQoFAcw Lakeside employees have also used the mark in press
interviews. See https://www.stoneworld.com/articles/89586-lakeside-surfaces-focusing-on-
quality-and-customer-service
23. Cambria’s business relationship with Lakeside ended in 2018 after Lakeside began
selling products from Cambria’s competitors including Aurea Stone, 4Elements, MetroQuartz, and
LG Viatera. The end of that relationship resulted in litigation filed by Lakeside against Cambria
in this district. See Case No. 1:18-cv-00110-JTN-ESC.
24. Upon information and belief, Lakeside recently began to offer for sale and sell
“Lakeside Exclusive Designs – Limited Edition” “Calacatta Oceania” product, which Lakeside
refers to as “Best Seller.” Lakeside offers for sale the Calacatta Oceania product through at least
the following website: https://www.lakesidesurfaces.com/product/calacatta-oceania/.
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25. Lakeside’s Calacatta Oceania product features the claimed design of the D’332
patent.
26. Cambria has not authorized Lakeside to copy, reproduce, manufacture, duplicate,
disseminate, distribute, sell, offer for sale, or display quartz surface products with the design from
the D’332 patent.
COUNT 1: LAKESIDE’S INFRINGEMENT OF THE D’332 PATENT
27. Cambria incorporates by reference, as if fully set forth herein, Paragraphs 1-26 of
this Complaint.
28. On February 28, 2017, the United States Patent and Trademark Office duly and
legally issued the D’332 patent.
29. The D’332 patent is directed to an “an ornamental design for a slab” as shown in
the sole figure of the D’332 patent.
30. Cambria is the owner of the D’332 patent by assignment.
31. Lakeside has made, used, sold, and/or offered for sale within the United States
and/or imported into the United States, one or more accused products, including, but not limited
to, the Calacatta Oceania product. The design of Lakeside’s infringing product, in the eye of the
ordinary observer who is familiar with the prior art in the field, appears substantially similar to the
ornamental design of the D’332 patent.
32. Lakeside has damaged and will continue to damage Cambria in an amount to be
determined at trial.
33. Lakeside has irreparably injured Cambria and such injury will continue unless
Lakeside is enjoined by this Court.
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COUNT 2: LAKESIDE’S INFRINGEMENT OF CAMBRIA’S MARK “THE FINEST

COUNTERTOP MAKERS IN THE WORLD”
34. Cambria incorporates herein and realleges Paragraphs 1-33 above.
35. As a result of Cambria’s continuous use and promotion of the mark “THE FINEST
COUNTERTOP MAKERS IN THE WORLD,” consumers associate and recognize the mark as
representing a single source or sponsor of services, and therefore the trademark is protectable at
common law.
36. Cambria owns and enjoys trademark rights in the mark “THE FINEST
COUNTERTOP MAKERS IN THE WORLD,” which rights are superior to any rights that
Lakeside may claim in the mark with respect to Lakeside’s services. Cambria’s mark is strong and
inherently distinctive.
37. Lakeside’s registration, adoption, distribution, marketing, promotion, offering for
sale and sale of services that use the mark “THE FINEST COUNTERTOP MAKERS IN THE
WORLD,” which is confusingly similar to Cambria’s mark, constitutes an infringement of
Cambria’s mark in violation of common law.
38. As a result of Lakeside’s unauthorized use of the mark “THE FINEST
COUNTERTOP MAKERS IN THE WORLD,” the public is likely to believe that Lakeside’s
services have been created, approved by, or are affiliated with Cambria’s. Consequently,
Cambria’s ability to sell its goods and services is limited due to Lakeside’s improper use of the
mark.
39. As a result of Lakeside’s wrongful conduct, Cambria has suffered and will continue
to suffer damages, as well as the loss of control over the goodwill and reputation established by its
mark.
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40. As a result of Lakeside’s wrongful conduct, Cambria has been damaged in an
amount not presently ascertained, and such damages will continue and increase unless and until
Lakeside is enjoined from continuing its unlawful conduct.
41. Unless Lakeside’s unlawful conduct is enjoined, Cambria has no adequate remedy
at law for Lakeside’s wrongful conduct, because among other things, (a) Cambria’s mark is unique
and valuable property which has no readily determinable market value; (b) Lakeside’s
infringement constitutes harm to Cambria cannot be made whole by a monetary award; (c) if
Lakeside’s wrongful conduct is allowed to continue, the public is likely to become further
confused, mistaken or deceived as to the source, origin or authenticity of the services; and (d)
Lakeside’s wrongful conduct, and the resulting damage to Cambria, are continuing and ongoing,
since Lakeside is continuing to use the mark “THE FINEST COUNTERTOP MAKERS IN THE
WORLD.”
COUNT 3: FEDERAL UNFAIR COMPETITION AND FALSE DESIGNATION

OF ORIGIN
42. Cambria incorporates herein and realleges Paragraphs 1-41 above.
43. Cambria is the common law owner of all rights and title to, and has valid and
protectable prior rights to the mark “THE FINEST COUNTERTOP MAKERS IN THE WORLD.”
44. Lakeside’s actions described above and specifically, without limitation, Lakeside’s
use in U.S. commerce of the confusingly similar mark “THE FINEST COUNTERTOP MAKERS
IN THE WORLD” in the distribution, marketing promotion, offering for sale and sale of its
services constitutes unfair competition, false designation of origin and false description or
representations. Such conduct wrongfully trades on Cambria’s goodwill, passes off Lakeside’s
services in commerce as those of Cambria and limits Cambria’s ability to gain revenue through
the sale of its own services.
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45. As a result of Lakeside’s current unlawful use in commerce of the mark “THE
FINEST COUNTERTOP MAKERS IN THE WORLD,” which is confusingly similar to the
Cambria mark, consumers are likely to be misled, deceived and confused as to the origin,
sponsorship or affiliation of Lakeside’s services.
46. Lakeside’s unauthorized and tortious conduct has deprived and will continue to
deprive Cambria of the ability to control consumer perception of its services, placing the valuable
reputation and goodwill of Cambria in the hands of Lakeside.
47. By engaging in the aforesaid acts, Lakeside is unfairly competing with and
damaging Cambria.
48. Lakeside’s conduct in adopting and using the mark “THE FINEST COUNTERTOP
MAKERS IN THE WORLD” is likely to cause confusion, mistake or deception as to the
affiliation, connection and associates of Lakeside and its services with Cambria and its services,
and as to the sponsorship, origin or approval of Lakeside and its services, in violation of Section
43(a) of the Lanham Act, 15 U.S.C. § 1125(a).
COUNT 4: UNFAIR COMPETITION UNDER MICHIGAN COMMON LAW,

M.C. L. § 445.903 et seq.
49. Cambria reincorporates herein and realleges Paragraphs 1-48 above.
50. Through its continued use of the mark “THE FINEST COUNTERTOP MAKERS
IN THE WORLD,” Lakeside has engaged in unfair, unconscionable, or deceptive methods, acts,
or practices in the conduct of trade or commerce in violation of M.C.L. § 445.903 et seq.
51. Specifically, as a result of the aforesaid acts, Lakeside has (1) caused a probability
of confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods
or services as prohibited by M.C.L. § 445.903(1)(a); (2) represented that its goods or services have
sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not
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have or that a person has sponsorship, approval, status, affiliation, or connection that he or she
does not have as prohibited by M.C.L. § 445.903(1)(c); and (3) represented that its goods or
services are of a particular standard, quality, or grade, or that goods are of a particular style or
model, if they are of another as prohibited by M.C.L. § 445.903(1)(e).
52. Cambria has been damaged by Lakeside’s aforementioned actions in an amount to
be determined at trial.
WHEREFORE, in consideration of the foregoing, Cambria respectfully requests that this
Court enter an Order granting the following relief:
A. Enjoining Lakeside and any person acting in concert with it from further
infringement of the D’332 patent pursuant to 35 U.S.C. § 283;
B. Declaring that the D’332 patent is valid, enforceable, and infringed by Lakeside;
and
C. Awarding Cambria the profits of Lakeside, in accordance with 35 U.S.C. § 289,
resulting from Lakeside’s infringement of the D’332 patent, actual damages to Cambria in an
amount not less than a reasonable royalty for Lakeside’s infringement, and other damages and
relief allowed as by 35 U.S.C. § 284:
(i) order the removal from the marketplace and destruction of all of
Lakeside’s products that infringe the D’332 patent;
(ii) prohibit Lakeside from further making, using, selling, offering for
sale, or importing all of Lakeside’s products that infringe the D’332
patent;
(iii) order an accounting of Lakeside’s profits relating to infringement of

the D’332 patent;
(iv) order Lakeside to report to this Court of its compliance with the
foregoing within thirty (30) days of judgment; and
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D. Declaring this case exceptional under 35 U.S.C. § 285 and awarding Cambria its
reasonable attorneys’ fees and costs;
E. Awarding Cambria injunctive relief under 15 U.S.C. § 1116(a) and Michigan
common law and enjoining Lakeside, its officers, agents, servants, employees and attorneys and
those others persons who are in active concert or participation with any of the foregoing persons,
from:
(i) developing, manufacturing, importing, using, marketing, selling or

offering for sale, services under the mark “THE FINEST
COUNTERTOP MAKERS IN THE WORLD,” or any variant
thereof which is a colorable imitation or otherwise likely to be
mistaken for or confused with Cambria’s mark;
(ii) otherwise infringing on Cambria’s mark or using any other

trademarks that are confusingly similar to Cambria’s mark;
(iii) otherwise unfairly competing with Cambria or using any false

designations of origin or false description or engaging in any
deceptive trade practice, or trading of Cambria’s reputation or
goodwill, or injuring Cambria’s reputation of performing any act
which is likely to lead members of the consuming public to believe
that any services created, offered for sale or sold by Lakeside are in
any manner associated or connected with Cambria or are licensed,
sponsored, approved or authorized by Cambria;
F. Finding that United States Trademark No. 4,957,640 is invalid and unenforceable
due to Cambria’s priority of use and ordering United States Trademark No. 4,957,640 removed
from the Federal Register;
G. Declaring that Lakeside and any subsidiaries and affiliates be required to take
prompt, affirmative action within thirty (30) days of entry of judgment to:
(i) withdraw from the public and destroy any advertisements or

promotional materials which contain or use the infringing mark
“THE FINEST COUNTERTOP MAKERS IN THE WORLD,” or
any confusingly similar marks, in relation to Lakeside’s business in
the United States; and
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(ii) file affidavits with the Court confirming that these actions have been
taken pursuant to 15 U.S.C. § 1116;
H. Awarding Cambria a judgment against Lakeside for any and all profits derived by
Lakeside and all damages sustained by Cambria, by reasons of the acts herein complained of and
that the damages be trebled pursuant to 15 U.S.C. § 1117;
I. Awarding Cambria a judgment against Lakeside for Cambria’s reasonable costs
and attorneys’ fees pursuant to 15 U.S.C. § 1117(a);
J. Granting such other relief as the Court deems just and reasonable.
DEMAND FOR JURY TRIAL
Cambria hereby demands a jury trial on all issues.
Respectfully submitted,
Dated: June 5, 2020 s/Gregory A. Lewis

Gregory A. Lewis (P75796)
glewis@priceheneveld.com
Matthew J. Gipson (P60169)
mgipson@priceheneveld.com
PRICE HENEVELD LLP
695 Kenmoor, S.E. | P.O. Box 2567
Grand Rapids, MI 49501 | 616.949.9610
Of counsel:
John C. Adkisson
FISH & RICHARDSON, P.C.
3200 RBC Plaza
60 South Sixth Street
Minneapolis, MN 55402
Telephone: 612.335.5070
Facsimile: 612.288.9696
Attorneys for Cambria Company LLC
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Case 1:20-cv-00508 ECF No. 1-1 filed 06/05/20 PageID.14 Page 1 of 6
Exhibit A
USOOD780332S
(12) United States Design Patent (10) Patent No.: US D780,332 S

Davis et al. (45) Date of Patent: Feb. 28, 2017
(54) SLAB 3,515,619 A 6/1970 Barnette

3,616,103 A * 10/1971 Greiner ............... B28B 11/0818
264,162
(71) Applicant: this Company LLC, Eden Prairie, 3,773,886 A ck 11, 1973 Starr et al. . . . . . . . . . . . . . . . B44F 904
(US) 264.245
D232,595 S 8, 1974 Willard
(72) Inventors: Martin E. Davis, Excelsior, MN (US); 4,248,652 A 2f1981 Civardi et al.
Jon Louis Grzeskowiak, II, Prior $3.
W4 -
A 3. E. al
impson et al.
Lake, MN (US); Summer Lane Kath, 5,354,596 A 10/1994 Chew et al.
Eden Prairie, MN (US) D370,350 S 6/1996 Spadacini
5,556,671 A 9, 1996 Miura et al.
(73) Assignee: Cambria Company LLC, Eden Prairie, D421,729 S * 3/2000 Sedora ......................... D11 (164
MN (US) D453,629 S 2/2002 Kraker
D484,707 S 1/2004 Kraker
ck D501,091 S 1/2005 McGahee
(**) Term: 15 Years (Continued)
(21) Appl. No.: 29/505,225
OTHER PUBLICATIONS
(22) Filed: Aug. 3, 2015
51) LOC (10) Cl. ............................................... 25-O1
Cambria 2010 Collection, 2010, 44 pages.
3. U.S. { ) (Continued)
USPC ............................................. D25/149: D5/44 Primary Examiner — Vy Koenig
(58) Field of Classification Search
E" E", "soss Assistant Examiner Kimberly Barnes
D5/8, 20, 43.44. 64. 438/171, 364, 540. (74) Attorney, Agent, or Firm — Fish & Richardson P.C.
D6/597; D19/4, 28 (57) CLAM
CPC .................................. B44F 9/04: D21H 27/04
See application file for complete search history. The ornamental design for a slab, as shown and described.
DESCRIPTION
(56) References Cited
U.S. PATENT DOCUMENTS The file of this patent contains at least one drawing photo
graph executed in color. Copies of this patent with color
238,623 A * 3/1881 Weems ................. C04E 41,009 drawing(s)/photograph(s) will be provided by the Office
106,607 upon request and payment of the necessary fee.
1,344,570 A 6, 1920 Warren The sole FIGURE is a top plan view of a slab, showing our
D67,245 S 5, 1925 Ulmer new design
1,560,450 A * 11/1925 Wesely ..................... B44F 9/04 gn.
156,61 The depicted surface of the slab is flat.
1,596,482 A 8, 1926 Ewen
D90,466 S 8, 1933 Wilheim 1 Claim, 1 Drawing Sheet
D162,280 S 3, 1951 Barash (1 of 1 Drawing Sheet(s) Filed in Color)
US D780,332 S
Page 2
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Page 3
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U.S. Patent Feb. 28, 2017 US D780,332 S

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Cambria Company v. Lakeside Surfaces - Complaint

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Cambria Company v. Lakeside Surfaces - Complaint

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Case 1:20-cv-00508 ECF No. 1 filed 06/05/20 PageID.

UNITED STATES DISTRICT COURT

CAMBRIA COMPANY LLC,

COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT AND

Cambria Company LLC (“Cambria”), states and alleges the following:

of business at 805 Enterprise Drive East, Suite H, Belle Plaine, MN 56011.

2. Upon information and belief, Defendant Lakeside is a Michigan corporation with

JURISDICTION AND VENUE

to 28 U.S.C. §§ 1331 and 1338(a).

Article III of the United States Constitution.

6. Plaintiff Cambria is an industry leader in the design and manufacture of natural

wet bars, and showers.

7. To protect its designs, Cambria sought and received intellectual property

from the D’332 patent is shown below:

features the design of the D’332 patent.

in that location since that time.

displayed its trademark continuously in those locations since that time.

14. Defendant Lakeside purchases surface products from manufacturers such as

Cambria’s Visitor Confidentiality Agreement.

facilities on February 20, 2015.

“THE FINEST COUNTERTOP MAKERS IN THE WORLD.” As part of its trademark

20. Nowhere in Lakeside’s trademark application or in subsequent prosecution did

THE WORLD.” The mark was awarded to Lakeside Surfaces, Inc.

h0E1srWtyYgyo8_ehQb--_gGqQoFAcw Lakeside employees have also used the mark in press

interviews. See https://www.stoneworld.com/articles/89586-lakeside-surfaces-focusing-on-

in this district. See Case No. 1:18-cv-00110-JTN-ESC.

the following website: https://www.lakesidesurfaces.com/product/calacatta-oceania/.

the D’332 patent.

COUNT 1: LAKESIDE’S INFRINGEMENT OF THE D’332 PATENT

legally issued the D’332 patent.

the sole figure of the D’332 patent.

30. Cambria is the owner of the D’332 patent by assignment.

ornamental design of the D’332 patent.

Lakeside is enjoined by this Court.

COUNT 2: LAKESIDE’S INFRINGEMENT OF CAMBRIA’S MARK “THE FINEST

34. Cambria incorporates herein and realleges Paragraphs 1-33 above.

37. Lakeside’s registration, adoption, distribution, marketing, promotion, offering for

WORLD,” which is confusingly similar to Cambria’s mark, constitutes an infringement of

Cambria’s mark in violation of common law.

38. As a result of Lakeside’s unauthorized use of the mark “THE FINEST

40. As a result of Lakeside’s wrongful conduct, Cambria has been damaged in an

Lakeside is enjoined from continuing its unlawful conduct.

COUNT 3: FEDERAL UNFAIR COMPETITION AND FALSE DESIGNATION

42. Cambria incorporates herein and realleges Paragraphs 1-41 above.

the sale of its own services.

FINEST COUNTERTOP MAKERS IN THE WORLD,” which is confusingly similar to the

sponsorship or affiliation of Lakeside’s services.

reputation and goodwill of Cambria in the hands of Lakeside.

MAKERS IN THE WORLD” is likely to cause confusion, mistake or deception as to the

43(a) of the Lanham Act, 15 U.S.C. § 1125(a).

COUNT 4: UNFAIR COMPETITION UNDER MICHIGAN COMMON LAW,

49. Cambria reincorporates herein and realleges Paragraphs 1-48 above.

or practices in the conduct of trade or commerce in violation of M.C.L. § 445.903 et seq.

of confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods

model, if they are of another as prohibited by M.C.L. § 445.903(1)(e).

52. Cambria has been damaged by Lakeside’s aforementioned actions in an amount to

WHEREFORE, in consideration of the foregoing, Cambria respectfully requests that this

Court enter an Order granting the following relief:

infringement of the D’332 patent pursuant to 35 U.S.C. § 283;

C. Awarding Cambria the profits of Lakeside, in accordance with 35 U.S.C. § 289,

relief allowed as by 35 U.S.C. § 284:

(iii) order an accounting of Lakeside’s profits relating to infringement of

reasonable attorneys’ fees and costs;

E. Awarding Cambria injunctive relief under 15 U.S.C. § 1116(a) and Michigan