Grammercy Holdings v. Borozan - Complaint

Case 8:21-cv-00932 Document 1 Filed 04/19/21 Page 1 of 18 PageID 1
UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA
(TAMPA DIVISION)
GRAMERCY HOLDINGS LLC, and Case No. ________________

SIMPLY NATURAL, LLC,
Plaintiffs,
vs.
DAVID BOROZAN, NISCHAL PAHARI,

JURY TRIAL DEMANDED
and D&N VENTURES LLC,
Defendants.
COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT

OF U.S. PATENT NO. D891,783; DECLARATORY JUDGMENT OF INVALIDITY OF
U.S. PATENT NO. D891,783; TORTIOUS INTERFERENCE WITH ECONOMIC OR
BUSINESS RELATIONSHIP; AND VIOLATION OF FLORIDA DECEPTIVE AND
UNFAIR TRADE PRACTICES ACT
Plaintiffs Gramercy Holdings LLC and Simply Natural LLC (“Plaintiffs”) hereby complain
and allege as follows against Defendants David Borozan, Nischal Pahari, and D&N Ventures LLC
(“Defendants”).
NATURE OF THE ACTION
1. This action arises under 28 U.S.C. §§ 1331, 1338(a), 2201, and 2202.
2. Plaintiffs bring this civil action seeking a declaratory judgment of non-infringement
and invalidity of U.S. Patent No. D891,783 (the “’D783 Patent”) (attached as Exhibit A) which
Defendants have wrongfully asserted against Plaintiffs’ products and listings on Amazon.com. In
addition, Plaintiffs seek damages and injunctive relief arising out of the Defendants knowing and
wrongful assertions of infringement of the ’D783 Patent against the Plaintiffs’ products and listings
on Amazon.com.
PARTIES
3. Plaintiff Gramercy Holdings LLC (“Gramercy”) is a Wyoming limited liability
corporation with a principal business address at 30 N Gould St, Ste R, Sheridan, WY 82801.
Gramercy does business on the internet as Gramercy Kitchen Co. (www.gramercykitchen.co). The
Defendants have accused Gramercy’s products of infringing the ’D783 Patent and have made
claims to Amazon that Gramercy’s products infringe the ’D783 Patent, which have resulted in the
suspension of certain Gramercy product listings on Amazon.com.
4. Plaintiff Simply Natural LLC (“Simply Natural”) is a Minnesota limited liability
corporation with a principal business address at 2168 7th Ave, Ste 471, Anoka, MN 55303. Simply
Natural does business on the internet as Greener Chef (www.greenerchef.com). Defendants have
accused Simply Natural’s products of infringing the ’D783 Patent and have made claims to
Amazon that Simply Natural’s products infringe the ’D783 Patent, which have resulted in the
suspension of certain Simply Natural product listings on Amazon.com.
5. Defendant David Borozan (“Borozan”) is an individual and Florida resident with a
residential address at 7699 90th Way North, Seminole, FL 33772. On information and belief,
Borozan and Nischal Pahari are the owners of the ’D783 Patent and have asserted that patent
against Plaintiffs’ products together with their corporation D&N Ventures LLC.
6. Defendant D&N Ventures LLC (“D&N”) is a Florida limited liability corporation
with a mailing address at 7699 90th Way North, Seminole, FL 33772 (See Exhibit B). Borozan
and Pahari are the owners of the ’D783 Patent and have asserted that patent against Plaintiffs’
products jointly and in the name of their corporation D&N Ventures LLC.
2
7. Defendant Nischal Pahari (“Pahari”) is an individual and Florida resident with a
residential address at 11420 65th Ave, Seminole, FL, 33772. On information and belief, Borozan
and Pahari are the owners of the ’D783 Patent and have asserted that patent against Plaintiffs’
products together with their corporation D&N Ventures LLC.
JURISDICTION AND VENUE
8. This is an action for declaratory judgment of non-infringement arising under the
patent laws of the United States, 35 U.S.C. §§ 1 et seq. This Court has subject matter jurisdiction
under 28 U.S.C. § 1331 (federal question); 28 U.S.C. § 1338(a) (patents or trademarks); and 28
U.S.C. § 1367 (supplemental jurisdiction).
9. This Court has personal jurisdiction over the Defendants because the Defendants
reside in this judicial district and have had continuous and systematic contacts within the State of
Florida, including within this judicial district. On information and belief, D&N is headquartered
and maintains a principal place of business in Seminole, Florida. On information and belief, the
Defendants have purposefully directed business contacts and activities at this judicial district and
residents of this judicial district have used services and products offered or sold by the Defendants.
On information and belief, D&N has registered with the Florida Department of State to do business
in Florida.
10. This Court has federal question jurisdiction under 28 U.S.C. §§ 1331 and 1338(a)
because this is a civil action arising under the Patent Act. This Court has subject matter jurisdiction
over the declaratory judgment claims pursuant to 28 U.S.C. §§ 2201 and 2202 because an
immediate and substantial controversy exists between Plaintiffs and Defendants with respect to
whether the ’D783 Patent covers Plaintiffs’ products based on the Defendants claims to Amazon
3
that the Plaintiffs’ products infringe the ’D783 Patent, which has resulted in the suspension of the
Plaintiffs’ product listings on Amazon.com.
11. This Court has supplemental jurisdiction over Plaintiffs’ claims of tortious
interference with economic or business relationship under 28 U.S.C. § 1367 because those claims
relate to the same operative nucleus of fact as Plaintiff’s claims for declaratory judgment of non-
infringement of the ’D783 Patent.
VENUE
12. Defendants are subject to personal jurisdiction in this judicial district. Venue is
proper in this judicial district under 28 U.S.C. § 1391(b) because a substantial part of the events
giving rise to this claim took place in this judicial district, because Defendants reside and transact
business within this judicial district, and because Plaintiffs suffered harm in this judicial district.
FACTUAL ALLEGATIONS
13. Plaintiffs sell kitchen products through online stores and marketplaces such as their
own online websites and through Amazon.com. Among the products sold by the Plaintiffs are
glass food containers with bamboo lids (the “Accused Products”) shown below.
4
(Simply Natural dba Greener Chef Product)
https://gramercykitchen.co/collections/food-storage/products/glass-food-containers-set-of-two-
1020-ml-plastic-free-bpa-free-bento-box-includes-bamboo-cutlery-adjustable-wrap
(Gramercy Kitchen Co.)
14. Bamboo food storage lids with silicone seals are not a new product. The products
below are sold by retailer Ikea and have been available to the public since at least 2018.
https://www.ikea.com/us/en/p/ikea-365-lid-square-bamboo-10381909/
15. Evidence of the product availability from Ikea is contained in the product listing
5
itself. For example, on April 11, 2018 an Ikea customer “FELA1” left a critical review of the
rubber seal and bamboo lid, shown below. On April 20, 2018, a representative of Ikea apologized
for the customer’s experience:
16. Shortly thereafter, another Ikea customer purchased the same product and left a
review on the product page. This customer, “hillhouse” left a review on August 1, 2018, and stated
that they would recommend the product:
6
17. These products are sold under the Ikea 365+ brand name. Numerous other Ikea
product reviews for similar products at www.ikea.com confirm the Ikea 365+ Bamboo Lid on-sale
and retail availability from Ikea in 2018.
18. The availability of the Ikea 365+ Bamboo Lid product in 2018 is further confirmed
by looking at the Ikea 2019 catalog, which was published on July 31, 2018. (See Exhibits C, D.)
Page 155 of the Ikea 2019 catalog depicts the Ikea 365+ Bamboo Lid product for sale; such
products were available from Ikea on its website and in its stores. Page 155 of the Ikea 2019
catalog is reproduced below (see also Exhibit D):
7
8
19. Notwithstanding the products being sold at Ikea in 2018, Borozan and Pahari filed
for a design patent on April 15, 2019. The Ikea 365+ bamboo lid products were never disclosed
to the United States Patent and Trademark Office as part of their patent application process.
20. As part of their application, Borozan and Pahari submitted drawings of their design,
which would later become Figure 1 and Figure 2 (exemplary) in their issued design patent:
’D783 Patent, at Fig. 1.
9
’D783 Patent, at Fig. 2.
21. The Ikea 365+ Bamboo Lid was not disclosed to or considered by the United States
Patent and Trademark Office during the prosecution of the ’D783 Patent.
10
22. Upon obtaining the ’D783 Patent, Defendants Borozan, Pahari, and D&N began
aggressively and wrongfully asserting their patent against sellers on Amazon.com by asserting
intellectual property complaints against sellers like Gramercy and Simply Natural.
23. Defendants submitted intellectual property infringement complaints to Amazon
wrongly claiming that the ’D783 Patent was infringed by products sold by the Plaintiffs. As a
result of these wrongful complaints, Amazon removed the Plaintiffs’ product listings.
24. The removal of the Plaintiffs’ product listings for food containers and bamboo
product lids caused substantial financial harm to the Plaintiffs. Simply Natural’s counsel contacted
the Defendants and advised that their actions were wrongful because the products were so different
as to not infringe the ’D783 Patent.
25. The Defendants responded that they were not concerned by any differences
between the products and that they were “still sure” it was infringement:
26. It is a “century-old axiom of patent law” that “a product ‘which would literally
infringe if later in time anticipates [a patent] if earlier.’” Upsher-Smith Labs., Inc. v. Pamlab,
L.L.C., 412 F.3d 1319, 1322 (Fed. Cir. 2005).
27. Defendants continue to refuse to retract their wrongful complaints to Amazon.

11
FIRST CAUSE OF ACTION

Declaratory Judgment of Invalidity of the ’D783 Patent
28. Plaintiffs incorporate and reallege each and every allegation in the preceding
paragraphs, as if fully set forth herein.
29. The ’D783 Patent is invalid for failure to satisfy one or more provisions of Title 35
of the United States Code, including but not limited to 35 U.S.C. §§ 102 and 103, and because its
design is dictated entirely by its function.
30. For example, the ’D783 Patent is invalid under 35 U.S.C. §§ 102, 103 in view of
the prior art, including but not limited to, the Ikea 365+ Bamboo Lid products sold by Ikea at least
as early as 2018:
31. In addition, the design of the ’D783 Patent is dictated entirely by its function and
the patent is therefore invalid. The shape of the claimed cutting board design, its silicone sealing
elements, and the purpose of the “groove” are entirely functional.
32. Plaintiffs are entitled to a declaratory judgment that the ’D783 Patent is invalid.
12
SECOND CAUSE OF ACTION

Declaratory Judgment of Noninfringement of the ’D783 Patent
34. The claimed design of the ’D783 Patent includes a “groove” around the lid, as
depicted in Figure 1:
Groove
35. If the ’D783 Patent is not invalid in view of the Ikea 365+ Bamboo Lid prior art,
then Plaintiff Gramercy’s product does not infringe the ’D783 Patent because in the eye of an
ordinary observer, giving such attention as a purchaser usually gives, its design is not substantially
the same as the claimed design of the ’D783 Patent because it does not have the groove claimed
around the edge of the product (rather, the Gramercy product has a recess in the central portion of
the lid and does not include a groove or channel interior of the outer edges of the lid, as claimed
in the ’D783 Patent).
13
Recess, no
groove (like
the Ikea 365+
Bamboo Lid)
36. If the ’D783 Patent is not invalid in view of the Ikea 365+ Bamboo Lid prior art,
then Plaintiff Simply Natural’s product does not infringe the ’D783 Patent because in the eye of
an ordinary observer, giving such attention as a purchaser usually gives, its design is not
substantially the same as the claimed design of the ’D783 Patent. In particular, the Simply Natural
product does not include the “groove” that is claimed in the ’D783 Patent.
No groove
14
37. In the eye of an ordinary observer, giving such attention as a purchaser ordinarily
would, the Plaintiffs’ products do not infringe the ’D783 Patent.
38. Plaintiffs are entitled to a declaratory judgment that their Accused Products do not
infringe the ’D783 Patent.
THIRD CAUSE OF ACTION

Tortious Interference
40. Before the Defendants’ wrongful actions, each of the Plaintiffs was party to a
business relationship with Amazon for the sale of the Accused Products. Through wrongful,
malicious, and willful actions, the Defendants have interfered with the Plaintiffs’ contract or
business relationship with Amazon.
41. Simply Natural’s products were sold at the Amazon ASIN B07S37N2FY pursuant
to a valid contractual agreement with Amazon. (See Exhibit E.) Gramercy’s products were sold
at Amazon ASINs B082M2FG1K and B07VLPJBKL pursuant to a valid contractual agreement
with Amazon. (See Exhibits F, G.)
42. Defendants filed a complaint with Amazon against Simply Natural’s ASIN
B07S37N2FY alleging infringement of the ’D783 Patent (See Exhibit H).
43. Defendants filed a complaint with Amazon against Gramercy ASINs
B082M2FG1K and B07VLPJBKL alleging infringement of the ’D783 Patent (See Exhibit I).
44. The Defendants were aware of the Plaintiffs’ business relationships with Amazon
because the Defendants purposefully filed their Complaints against the Plaintiffs’ ASINs (See
Exhibits H, I).
15
45. The Defendants’ interference with the Plaintiffs’ business relationships was
intentional in that the Defendants purposefully targeted the Plaintiffs’ specific product listings and
ASINs. (See Exhibits H, I).
46. The Defendants’ interference was wrongful and unjustified at least because (a) the
’D783 Patent is invalid under 35 U.S.C. §§ 102 and 103 in view of the Ikea 365+ Bamboo Lid
product; and (b) in the eye of an ordinary observer, the Gramercy and Simply Natural Accused
Products do not infringe the ’D783 Patent.
47. The Defendants’ correspondence with the Plaintiffs and with Amazon demonstrates
both their awareness of the impact of their actions and the wrongful nature of their claims against
the Plaintiffs.
48. The Defendants’ interference with the Plaintiffs’ business relationships has caused
substantial reputational and economic damages to the Plaintiffs through (a) disabled product
listings; (b) lost product sales; (c) reputational damage to their Amazon accounts, and (d) other
damages to the product listings, inventories, and the Plaintiffs’ business.
FOURTH CAUSE OF ACTION

Violation of the Florida Deceptive and Unfair Trade Practices Act
(Florida Statute § 501.204)
50. Defendants wrongfully, deceptively, and unfairly asserted the ’D783 Patent against
the business operations and product listings of the Plaintiffs, causing those products to be delisted
from Amazon.com, thereby causing substantial reputational and economic damages to the
Plaintiffs through (a) disabled product listings; (b) lost product sales; (c) reputational damage to
16
their Amazon accounts, and (d) other damages to the product listings, inventories, and the
Plaintiffs’ business.
51. Defendants’ actions have forced Plaintiffs’ products from the marketplace, thereby
causing injury to consumers through higher prices and reduced product purchase alternatives in
violation of the Florida Deceptive and Unfair Trade Practice Act (“the Act”).
PRAYER FOR RELIEF
Wherefore, Plaintiffs respectfully pray that the Court enter judgment in its favor and
against the Defendants, and award the following relief:
A. A judgment in favor of Plaintiffs and against Defendants declaring that the ’D783
Patent is invalid and unenforceable;
B. A judgment in favor of Plaintiffs and against Defendants declaring that the
Plaintiffs have not and do not infringe the ’D783 Patent;
C. An order and judgment permanently enjoining the Defendants and their officers,
directors, employees, agents, licensees, representatives, affiliates, related companies, servants,
successors and assigns, and any and all persons acting in privity or in concert with any of them,
from further acts of wrongful assertion of the ’D783 Patent;
D. A judgment that this is an exceptional case, pursuant to 35 U.S.C. § 285, together
with an award of Plaintiffs’ reasonable attorneys’ fees.
E. A judgment that Defendants have tortiously interfered with the contract or business
expectancy of the Plaintiffs;
17
F. A judgment awarding Plaintiffs’ all damages sustained by Simply Natural and
Gramercy and/or all gains, profits, and advantages derived by the Defendants as a result of their
wrongful acts and tortious interference;
G. A judgment awarding Plaintiffs punitive damages as a result of the Defendants’
willful and intentional acts of tortious interference;
H. A judgment that Defendants have violated the Florida Deceptive and Unfair Trade
Practices Act, together with an award of damages and Plaintiffs’ attorneys’ fees and costs; and
I. Any other relief the Court deems just and proper under all the circumstances.
Demand for Trial by Jury
Plaintiffs demand a jury trial on all matters triable to a jury.
DATED this 19th day of April 2021.
Respectfully submitted,
By: /s/ Paul Rafelson

Paul Rafelson (FB No. 16958)
paul@ecom.law
RAFELSON SCHICK PLLC
8401 Lake Worth Road, Suite 230
Lake Worth, Florida 33467
Telephone: (833) 326-6529
Timothy D. Nichols (pro hac vice forthcoming)

tnichols@wnlaw.com
Brian N. Platt (pro hac vice forthcoming)
bplatt@wnlaw.com
WORKMAN | NYDEGGER
60 East South Temple, Suite 1000
Salt Lake City, Utah 84111
Telephone: (801) 533-9800
Counsel for Gramercy Holdings LLC, and

Simply Natural, LLC
18
Case 8:21-cv-00932 Document 1-1 Filed 04/19/21 Page 1 of 9 PageID 19
EXHIBIT A
USOOD891783S
UnitedetStates
(12) Borozan al.
Design Patent ( 10 ) Patent No.:
(45) Date of Patent:
US D891,783 S
Aug. 4 , 2020
(54 ) WOOD/BAMBOO CONTAINER LID D738,111 S 9/2015 Otto D3/302
D740,029 S 10/2015 Otto D3/302
D741,066 S 10/2015 Abdi D3 /318
(71 ) Applicants : David Borozan , Seminole, FL (US ); D790,337 S * 6/2017 Sofy D3/232
Nischal Pahari, Seminole , FL (US )
* cited by examiner
(72 ) Inventors: David Borozan , Seminole , FL (US); Primary Examiner — Holly H Baynham
Nischal Pahari, Seminole , FL (US) (74 ) Attorney, Agent, or Firm - Larson & Larson , P.A .;
(** ) Term : 15 Years Frank Liebenow ; Justin P. Miller
(57) CLAIM
(21) Appl. No.: 29 /687,613 The ornamental design for a wood/bamboo container lid , as
shown and described .
(22 ) Filed : Apr. 15 , 2019 DESCRIPTION
(51) LOC ( 12 ) CI. 03-01
(52) U.S. CI. FIG . 1 is a top perspective view of a wood /bamboo container
USPC D3 /326 ; D3/318 lid showing our new design ;
(58 ) Field of Classification Search FIG . 2 is a bottom perspective view thereof;
USPC D3 /318 , 326 FIG . 3 is a front elevation view thereof;
CPC B65D 25/32 ; B65D 43/0256 ; B65D 43/161 FIG . 4 is a rear elevation view thereof;
See application file for complete search history . FIG . 5 is a right side elevational view thereof;
FIG . 6 is a left side elevational view thereof;
(56 ) References Cited FIG . 7 is a top plan view thereof;
FIG . 8 is a bottom plan view thereof; and ,
U.S. PATENT DOCUMENTS FIG . 9 is a bottom perspective view thereof showing a
container of the environment.
3,164,289 A * 1/1965 Cocchiarella B65D 51/145 The broken lines a container are for the purposes of illus
220/578 trating environment and form no part of the claimed design .
D376,693 S * 12/1996 Wolff D3/302
D415,897 S 11/1999 Lacy D3/277 1 Claim , 7 Drawing Sheets
SMS
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EXHIBIT B
EXHIBIT C
New 2019 IKEA Catalog Marks 75 Years of Delivering a Better Everyday Life
at Home
Committed to offering quality, affordable design to the many since 1943, the 2019 IKEA
catalog celebrates how differently we all live and features seven distinct homes
CONSHOHOCKEN, Pa. (PRWEB) July 30, 2018 -- IKEA announced today the release of the 2019 IKEA U.S.
catalog as the iconic Swedish home furnishings retailer marks its 75th anniversary. Filled with new product
offerings, home furnishing inspiration, and smart solutions for every area of the home, the 2019 IKEA catalog
will be available to the public starting this August. Celebrating how differently we all live and 75 years of
enabling a better everyday life at home for the many, this year’s catalog features seven distinct homes
representing a wide range of styles, sizes and budgets.
From a space-limited apartment serving a large family to a home totally dedicated to eco-friendly choices, the
newest IKEA catalog highlights products and solutions that can help everyone achieve a better everyday life at
home, no matter how they live.
“For 75 years we have been driven by the belief that furniture can be affordable without sacrificing principles
of quality, design and sustainability,” said Shideh Hashemi, Marketing Manager, IKEA U.S. “In our 2019
catalog, we are thrilled to introduce a multitude of exciting new products that stay true to our heritage,
providing form and function that’s both easy on our wallets and our planet.”
Each of the seven homes featured in the 2019 catalog, which have their own unique backstories and living
situations, were derived from insights in the IKEA 2018 Life at Home Report. The annual in-depth research
study behind the report includes a series of home visits, interviews and surveys from consumers around the
world to better understand both the joys and challenges of life today. The insights gleaned from the report not
only inspired the fictional homes in the 2019 catalog, but also the new products featured throughout its pages.
To find out more about what’s new at IKEA, view the digital version of the catalog and request a printed copy
(also available at local stores), U.S. consumers can visit IKEA-USA.com/catalog.
Celebrating 75 Years of Inspiration
This year, to pay homage to 75 years of inspiring a better everyday life at home, IKEA fans in the New York
and Chicago area will be able to encounter IKEA in a whole new way with the limited-time IKEA Inspiration
Experience. This free, interactive pop up event is designed to both surprise and delight IKEA fans by
simultaneously allowing them to “step into” room settings from the 2019 catalog, test their trivia knowledge
while learning more about IKEA and even walk away with IKEA prizes.
The IKEA Inspiration Experience will be open to the public in New York, NY and Chicago, IL for a limited
time this August:
• New York City: From August 1 - 5, 2018, consumers can visit the IKEA Inspiration Experience located at 477
Broadway (between Broome and Grande St.) during the following hours of operation:
o Wednesday: 10am - 6pm ET
o Thursday: 10am - 6pm ET
o Friday: 10am - 8pm ET
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o Saturday: 10am - 8pm ET

o Sunday - 10am - 6pm ET
• Chicago: At the end of August, consumers can visit the IKEA Inspiration Experience located at 679 North
Michigan Avenue (corner of Michigan Avenue and E. Huron St.). Exact dates and times to be announced soon.
For more information about the IKEA Inspiration Experience, follow IKEA on social media @IKEAUSA.
NOTE FOR PRESS: Please visit our press site at IKEA-USA.com/2019catalog for downloadable information
and assets, including the press kit, digital catalog, images, videos and more. For additional information, product
loans or images, please contact the IKEA U.S. Press Office at press.us@ikea.com or contact
Kathy.Boerner@Ketchum.com.
About IKEA
Since its 1943 founding in Sweden, IKEA has offered home furnishings of good design and function at low
prices. The IKEA Group operates 363 IKEA stores in 29 countries, including 48 in the U.S. IKEA incorporates
sustainability into day-to-day business and supports initiatives that benefit children and the environment. For
more information see IKEA-USA.com, @IKEAUSANews, @IKEAUSA or IKEAUSA on Facebook,
YouTube, Instagram and Pinterest.
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Contact Information
Kathy Boerner
Ketchum
+1 646-935-3914
Online Web 2.0 Version

You can read the online version of this press release here.
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EXHIBIT D
2019
GLADOM
GLADOM
brickbord
brickbord
149:-
149:-
SE VÅRA
SE VÅRA
JUBILEUMSERBJUDANDEN
JUBILEUMSERBJUDANDEN PRISERNA
PRISERNA
I KATALOGEN
I KATALOGEN
KAN BARA
KANBLI
BARA
LÄGRE,
BLI LÄGRE,
LÄNGSTLÄNGST
BAK I KATALOGEN.
BAK I KATALOGEN. FRAM TILL
FRAMDENTILL
31 DEN
JULI31
2019,
JULIALDRIG
2019, ALDRIG
HÖGRE.HÖGRE.
114 115
Nästan alla våra 365+ produkter

är stapelbara (och sparar därmed
Vinglaset är gjort i 01 IKEA 365+ vinglas
massor av plats) – det gäller allt
15:-/st
härdat värmetåligt
från tallrikar och skålar till vinglas
glas och fungerar lika
och burkar. Alla tallrikar och skålar
bra för både kall och Vi har designat locken till
är gjorda av tåligt fältspatporslin.
varm dryck. de här burkarna efter flera
olika behov. En del tål
mikrovågsugn, andra kan
fungera som grytunderlägg NYTT
och några är stapelbara
(säljs separat så att de kan
mixas och matchas). 05 IKEA 365+
burk med lock
59:-/st
02 04
03
06
Den här burken kan
utan problem röra
sig från kylen till
ugnen och sedan
tillbaka till sitt lock
(vilket även fungerar
som grytunderlägg).
IKEA 365+ Namnet sammanfattar den starka insats som dessa

hjältar gör i ditt liv. De har en robust design och passar
01
02
IKEA 365+ vinglas 15:- styck i härdat
klarglas. Stapelbara. 30 cl. 702.783.63
IKEA 365+ djup tallrik/skål, rak kant
Organisera och gör dina matlådor personliga,
använd olika färger för varje familjemedlem,
typ av mat eller veckodag. Ø14, H6 cm.
29:- styck i fältspatporslin. Ø22, H6 cm. 450 ml. 392.691.01 Gillar du det du ser,
lika bra till vardags som till fest. Vit. 902.797.00 05 NYTT IKEA 365+ burk med lock, fyrkantig 59:-
03 IKEA 365+ skål, rundad kant 59:- styck styck i värmetåligt glas och bambu.
men vill utforska fler
i fältspatporslin. Ø22, H10 cm. Vit. 802.796.87 L15×B15, H12 cm. 1,2 l. 292.691.11 varianter? Vi har massor
04 NYTT IKEA 365+ burk med lock, rund 15:- 06 NYTT IKEA 365+ burk med lock, rektangulär
styck i pp-plast. Snäpplocket i plast har utbyt- 75:- styck i värmetåligt glas och bambu. att välja bland! Hitta
bara packningar som finns i blandade färger. Tättsittande lock som håller maten fräsch och
mycket mer på IKEA.se
bevarar dofter och smak. L21×B15, H12 cm.
1,8 l. 492.690.68 eller i ditt IKEA varuhus.
© Inter IKEA Systems B.V. 2018. SE
© Inter IKEA Systems B.V. 2018. SE
2019
01
BILLY
bokhylla
495:-
Vi reserverar oss för eventuella tryckfel och slutförsäljning.
Vi reserverar oss för eventuella tryckfel och slutförsäljning.

02 02
01 BILLY bokhylla 495:- i folie. B80×D28, H202 cm. Vit. 002.638.50

02 SKÅDIS förvaringstavla 179:- med lackad yta. B76×H56 cm.
Vit. 103.216.18 SKÅDIS tillbehör säljs separat.
EXHIBIT E
EXHIBIT F
Monday, April 12, 2021 at 18:16:49 Mountain Daylight Time
Subject: No#ce: Policy Warning

Date: Friday, January 8, 2021 at 6:48:54 AM Mountain Standard Time
From: no#ce-dispute@amazon.com
To: brent.carr1105@gmail.com
Hello,
We removed some of your lis#ngs because we received a report from a rights owner that they infringe the following
patent(s):
Patent number :D891783
The lis#ngs we removed are at the boUom of this message.
Why did this happen?

One or more of your lis#ngs may be infringing the intellectual property rights of others.
We’re here to help.

If you need help beUer understanding what is causing this, please search for “Intellectual Property Viola#ons” in
Seller Central Help (hUps://sellercentral.amazon.com/gp/help/external/201361070).
How do I reac#vate my lis#ng?

To reac#vate your lis#ng you may provide the following:
-- A leUer of authoriza#on or a licensing agreement from the manufacturer or rights owner demonstra#ng that your
product sales are lawful. External links are not accepted. For security reasons, we only accept aUachments in the
following file formats: .jpeg, .jpg, .pjpeg, .gif, .png, .#ff.
How do I submit this informa#on?

Go to Received Intellectual Property Complaints under the Product Policy Compliance sec#on in account health
(hUps://sellercentral.amazon.com/performance/dashboard) and locate the deac#va#on record for this product
lis#ng. Click on the Appeal buUon next to the lis#ng deac#va#on record to submit informa#on necessary to
reac#vate your lis#ng.
Have your lis#ngs been removed in error?

If you have never sold or listed the product, please reach out to us and tell us.
If you think that the rights owner has made an error in sending the no#ce, please reach out to the rights owner and
ask for a retrac#on of the no#ce. To retract the complaint, the rights owner must send the retrac#on to us at no#ce-
retrac#on@amazon.com or use the retrac#on func#on in Brand Registry.
These are the rights owner’s contact details:

--David Borozan
--davidnischalventures@gmail.com
We can only accept retrac#ons if the rights owner clearly states that they made an error. For any other reason, please
explain to us why you were warned in error so that we can inves#gate the case.
What happens if I do not provide the requested informa#on?

If we do not receive the requested informa#on, your lis#ngs will remain inac#ve.
ASIN: B07S37N2FY
Infringement type: Patent Number:
D891783
Page 1 of 2
Complaint ID: 7837541721
You can view your account performance (hUps://sellercentral.amazon.com/performance/dashboard?

rejag=email_warn) or select Account Health on the home screen of the Amazon Seller app on your iOS or Android
device. The Account Health dashboard shows how well your account is performing against the performance metrics
and policies required to sell on Amazon.
-- iOS: hUps://itunes.apple.com/us/app/amazon-Seller/id794141485
-- Android: hUps://play.google.com/store/apps/details?id=com.amazon.sellermobile.android&hl...
Page 2 of 2
From: no-replies-appeals@amazon.com <no-replies-appeals@amazon.com>

Sent: Tuesday, December 22, 2020 4:29 AM
To: Alex Mills <alex@gramercykitchen.co>
Subject: No'ce: Policy Warning
Hello,
We removed some of your lis'ngs because we received a report from a rights owner that they infringe the
rights owner’s patent. The rights owner communica'on about the alleged infringement and the lis'ngs we
removed are at the boIom of this message.
Why did this happen?

We received a report from a rights owner alleging that one or more of your lis'ngs may be infringing the
intellectual property rights of others. Lis'ng content infringing on the intellectual property of others is against
our policies.
We’re here to help.

If you need help understanding why your lis'ngs may infringe the intellectual property of others, please
search for “Intellectual Property Viola'ons” in Seller Central Help
(hIps://sellercentral.amazon.com/gp/help/external/201361070).
How do I reac'vate my lis'ng?

To reac'vate your lis'ng you may provide the following:
-- A leIer of authoriza'on or a licensing agreement from the manufacturer or rights owner demonstra'ng
that your product sales are lawful. External links are not accepted. For security reasons, we only accept
aIachments in the following file formats: .jpeg, .jpg, .pjpeg, .gif, .png, .'ff.
How do I submit this informa'on?

Go to Received Intellectual Property Complaints under the Product Policy Compliance sec'on in account
health (hIps://sellercentral.amazon.com/performance/dashboard?ref=ah_em_mpa) and locate the
deac'va'on record for this product lis'ng. Click on the Appeal buIon next to the lis'ng deac'va'on record
to submit informa'on necessary to reac'vate your lis'ng.
Have your lis'ngs been removed in error?

If you have never sold or listed the product, please reach out to us and tell us.
If you think that the rights owner has made an error in sending the no'ce, please reach out to the rights
owner and ask for a retrac'on of the no'ce. To retract the complaint, the rights owner must send the
retrac'on to us at no'ce-retrac'on@amazon.com or use the retrac'on func'on in Brand Registry.
These are the rights owner’s contact details:

-- David Borozan
-- davidnischalventures@gmail.com
Page 1 of 2
-- davidnischalventures@gmail.com
We can only accept retrac'ons if the rights owner clearly states that they made an error. For any other
reason, please explain to us why you were warned in error so that we can inves'gate the case.
What happens if I do not provide the requested informa'on?

If we do not receive the requested informa'on, your lis'ngs will remain inac've.
Rights owner communica'on:

Hello,
I have received a “not accepted” for 2 of the 5 varia'ons in my prior infringement claim. The 2 remaining are
the same products just sold in different quan''es.
You can reference the the previous claim with the other varia'ons that Amazon has already removed for me:
Please note, these are serious claims of design PATENT rights and should be handled more seriously. I would
prefer to not get my lawyers involved in this, however if I must, I will.
Thanks,
ASIN: B082M2FG1K
B07VLPJBKL
Infringement type: Patent
Patent: D891783
You can view your account performance (hIps://sellercentral.amazon.com/performance/dashboard?

reoag=email_warn) or select Account Health on the home screen of the Amazon Seller app on your iOS or
Android device. The Account Health dashboard shows how well your account is performing against the
performance metrics and policies required to sell on Amazon.
-- iOS: hIps://itunes.apple.com/us/app/amazon-Seller/id794141485
-- Android: hIps://play.google.com/store/apps/details?id=com.amazon.sellermobile.android&hl=en
Page 2 of 2
JS 44 (Rev. 10/20) Case 8:21-cv-00932 Document 1-10 Filed
CIVIL COVER 04/19/21 Page 1 of 2 PageID 66
SHEET
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.)
I. (a) PLAINTIFFS DEFENDANTS
GRAMERCY HOLDINGS LLC, and SIMPLY NATURAL, DAVID BOROZAN, NISCHAL PAHARI, and D&N
LLC VENTURES LLC
(b) County of Residence of First Listed Plaintiff Sheridan Co., Wyo County of Residence of First Listed Defendant Pinellas
(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)
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
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR 880 Defend Trade Secrets 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards Act of 2016 (15 USC 1681 or 1692)
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 485 Telephone Consumer
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management SOCIAL SECURITY Protection Act
195 Contract Product Liability 360 Other Personal Property Damage Relations 861 HIA (1395ff) 490 Cable/Sat TV
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securities/Commodities/
362 Personal Injury - Product Liability 751 Family and Medical 863 DIWC/DIWW (405(g)) Exchange
Medical Malpractice Leave Act 864 SSID Title XVI 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUITS 895 Freedom of Information
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act
240 Torts to Land 443 Housing/ Sentence or Defendant) 896 Arbitration
245 Tort Product Liability Accommodations 530 General 871 IRS—Third Party 899 Administrative Procedure
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION 26 USC 7609 Act/Review or Appeal of
Employment Other: 462 Naturalization Application Agency Decision
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
✖ 1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
28 U.S.C. §§ 1331, 1338(a), 2201, and 2202
VI. CAUSE OF ACTION Brief description of cause:
Declaratory Judgment of non-infringement and invalidity of US Patent.
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ✖ Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
Apr 19, 2021 /Paul S. Rafelson/
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 10/20)
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.Cv.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; NOTE: 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. 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.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
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 – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
VI. 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.
VII. 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 actual dollar amount 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.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

Grammercy Holdings v. Borozan - Complaint

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Case 8:21-cv-00932 Document 1 Filed 04/19/21 Page 1 of 18 PageID 1

UNITED STATES DISTRICT COURT

GRAMERCY HOLDINGS LLC, and Case No. ________________

DAVID BOROZAN, NISCHAL PAHARI,

COMPLAINT FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT

NATURE OF THE ACTION

2. Plaintiffs bring this civil action seeking a declaratory judgment of non-infringement

3. Plaintiff Gramercy Holdings LLC (“Gramercy”) is a Wyoming limited liability

suspension of certain Gramercy product listings on Amazon.com.

4. Plaintiff Simply Natural LLC (“Simply Natural”) is a Minnesota limited liability

suspension of certain Simply Natural product listings on Amazon.com.

5. Defendant David Borozan (“Borozan”) is an individual and Florida resident with a

6. Defendant D&N Ventures LLC (“D&N”) is a Florida limited liability corporation

7. Defendant Nischal Pahari (“Pahari”) is an individual and Florida resident with a

products together with their corporation D&N Ventures LLC.

JURISDICTION AND VENUE

8. This is an action for declaratory judgment of non-infringement arising under the

U.S.C. § 1367 (supplemental jurisdiction).

Plaintiffs’ product listings on Amazon.com.

infringement of the ’D783 Patent.

(Simply Natural dba Greener Chef Product)

for the customer’s experience:

that they would recommend the product:

and retail availability from Ikea in 2018.

catalog is reproduced below (see also Exhibit D):

’D783 Patent, at Fig. 1.

’D783 Patent, at Fig. 2.

23. Defendants submitted intellectual property infringement complaints to Amazon

as to not infringe the ’D783 Patent.

L.L.C., 412 F.3d 1319, 1322 (Fed. Cir. 2005).

27. Defendants continue to refuse to retract their wrongful complaints to Amazon.

FIRST CAUSE OF ACTION

paragraphs, as if fully set forth herein.

design is dictated entirely by its function.

elements, and the purpose of the “groove” are entirely functional.

SECOND CAUSE OF ACTION

paragraphs, as if fully set forth herein.

in the ’D783 Patent).

would, the Plaintiffs’ products do not infringe the ’D783 Patent.

infringe the ’D783 Patent.

THIRD CAUSE OF ACTION

paragraphs, as if fully set forth herein.

business relationship with Amazon.

at Amazon ASINs B082M2FG1K and B07VLPJBKL pursuant to a valid contractual agreement

with Amazon. (See Exhibits F, G.)

B07S37N2FY alleging infringement of the ’D783 Patent (See Exhibit H).

43. Defendants filed a complaint with Amazon against Gramercy ASINs

ASINs. (See Exhibits H, I).

Products do not infringe the ’D783 Patent.

damages to the product listings, inventories, and the Plaintiffs’ business.

FOURTH CAUSE OF ACTION

paragraphs, as if fully set forth herein.

PRAYER FOR RELIEF

against the Defendants, and award the following relief:

Patent is invalid and unenforceable;

B. A judgment in favor of Plaintiffs and against Defendants declaring that the

Plaintiffs have not and do not infringe the ’D783 Patent;

directors, employees, agents, licensees, representatives, affiliates, related companies, servants,

from further acts of wrongful assertion of the ’D783 Patent;

D. A judgment that this is an exceptional case, pursuant to 35 U.S.C. § 285, together

with an award of Plaintiffs’ reasonable attorneys’ fees.

expectancy of the Plaintiffs;

F. A judgment awarding Plaintiffs’ all damages sustained by Simply Natural and

wrongful acts and tortious interference;