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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF TENNESSEE


NASHVILLE DIVISION


R & L MERCHANDISE, LLC., d/b/a )
BELLA RYAN, )
)
Plaintiff, )
)
v. ) Civil Action No.
)
ALEX AND ANI, LLC., d/b/a ALEX AND ) JUDGE
ANI, )
) JURY TRIAL DEMANDED
Defendant. )

DECLARATORY JUDGMENT COMPLAINT

Plaintiff R & L Merchandising, LLC, d/b/a Bella Ryann brings this Declaratory Judgment
Complaint against defendant Alex & Ani, LLC, d/b/a Alex & Ani. This Declaratory Judgment
Complaint relates to R & L Merchandising, LLCs current efforts to resolve ongoing disputes
between the parties direct competitors in the field of jewelry regarding their respective legal
rights to manufacture and sell jewelry what is colloquially known as bangle bracelets.
Specifically, R & L Merchandising, LLC seeks declaratory judgments of patent non-infringement
and invalidity with respect to one Alex and Ani, LLC design patent directed to expandable
bracelets, and of trade dress non-infringement with respect to a bangle bracelet sold by Alex and
Ani, LLC. Plaintiff R & L Merchandising, LLC alleges as follows:

NATURE OF THIS ACTION

1. This is an action seeking Declaratory Judgments that United States Patent No.
D498,167 (the 167 patent), which is owned by Alex and Ani., LLC, has not been infringed by R
& L Merchandising, LLC and/or is invalid and that R & L Merchandising, LLC has not infringed
Case 3:12-cv-01081 Document 1 Filed 10/19/12 Page 1 of 8 PageID #: 1

2
any rights of Alex and Ani, LLC arising under section 43(a) of the Lanham Act.
2. This action arises under the Declaratory Judgment Act, 28 U.S.C. 2201 and
2202, the Patent Laws of the United States, Title 35 of the United States Code, and Section 43(a)
of the Lanham Act.
3. R & L Merchandising, LLC, d/b/a Bella Ryann, (R & L or Plaintiff) is a
limited liability corporation organized and existing under the laws of the state of Tennessee, with
its principal place of business located in Davidson County, Tennessee.
4. R & L manufactures and sells expandable bracelets with attached charms.
5. On information and belief, Alex & Ani, LLC, (Alex & Ani or Defendant) is an
LLC organized and existing under the laws of the state of Rhode Island. Its registered agent for
service of process is Michael F. Sweeney, Esq., One Financial Plaza, Suite 1800, Providence, RI
02903.
6. Alex & Ani and R & L manufacture and sell bangle bracelets. Alex & Ani and R &
L have an ongoing dispute regarding their respective legal rights to manufacture and sell bangle
bracelets. Alex & Ani has indicated to R & L that Alex & Ani believes R & L is infringing its
bangle bracelet design. R & L seeks to resolve the parties current disputes regarding bangle
bracelets and thus R & L brings this declaratory judgment action, in which R & L seeks a
declaration that the patents have not been infringed by R & L and/or are invalid.

JURISDICTION AND VENUE
7. This Court has jurisdiction over the subject matter of this action pursuant to 28
U.S.C. 1331, 1338(a), 2201 and 2202.
8. This action is filed to resolve an actual and justiciable controversy between the
Case 3:12-cv-01081 Document 1 Filed 10/19/12 Page 2 of 8 PageID #: 2

3
parties hereto. Alex & Anis conduct towards R & L establishes that a real and substantial dispute
exists between the parties regarding Alex & Anis allegations that R & Ls product infringes the
167 patent and Alex & Anis trade dress rights. This dispute is both definite and concrete and
admits of specific relief through a decree of a conclusive character. As set forth in succeeding
paragraphs herein, Alex & Ani has taken at least one affirmative act related to enforcement of its
patent and trade secret rights, and R & L is currently engaged in offering for sale a bracelet
alleged by Alex & Ani to infringe those rights. Accordingly there is a conflict of asserted rights
among the parties and an actual controversy exists between R & L and Alex & Ani with respect to
the infringement, validity, and scope of the 167 patent and of Alex & Anis trade dress rights.
9. This Court has personal jurisdiction over Alex & Ani because it has purposely
directed its activities at the State of Tennessee and purposely availed itself of the benefits and
protections of the laws of this State, including this Judicial District, by repeatedly directing
correspondence to R & L alleging that bracelets currently being offered for sale by R & L infringe
Alex & Anis patent and trade dress rights. Further, the Alex & Ani correspondence not only
threatened litigation, but also demanded payment of $150,000, surrender of all R & L bracelets for
destruction, and ordered R & L to preserve allegedly relevant documents in eight specific
categories in anticipation of litigation.
10. This Court also has personal jurisdiction over Alex & Ani because Alex & Anis
contacts with the State of Tennessee are significant and pervasive. The State of Tennessee is a
large and important market for the sale of Alex & Anis products. Alex & Ani has sales
representatives, dealers, and distributors located in the State of Tennessee that market, promote,
and sell Alex & Anis products. Alex & Ani has conducted business continuously and
systematically in the State of Tennessee and in this judicial district for many years and continues
Case 3:12-cv-01081 Document 1 Filed 10/19/12 Page 3 of 8 PageID #: 3

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to conduct that business actively today.
11. Venue is proper in this Court under 28 U.S.C. 1391(c) because Alex & Ani is
subject to personal jurisdiction in Tennessee, and thus is deemed to reside in Tennessee for
purposes of venue.
12. Venue may also be proper under 28 U.S.C. 1391(b) inasmuch as a substantial
part of the events giving rise to Alex & Anis allegations of patent and trade dress infringement
took place in this judicial district. That is, R & L is based in Tennessee, and records pertinent to
any alleged infringement by the Accused Products are in Tennessee, as are pertinent witnesses
relative to R & Ls alleged infringement.

FACTUAL BACKGROUND

13. R & L designs, manufactures, and sells bangle bracelet products in the United
States and elsewhere.
14. Alex & Ani designs, manufactures, and sells bangle bracelet products in the United
States and elsewhere.
15. Alex & Ani is the owner of the D498,167 patent, entitled Expandable Wire
Bracelet, which issued on November 9, 2004. A true and correct copy of the D498,167 patent is
attached hereto as Exhibit A.
16. On October 17, 2012, Alex & Ani, through its attorney, served a cease and desist
letter via email on R & L. Alex & Anis Communications to R & L regarding the 167 patent
stating that R & Ls bangle bracelet infringed the 167 patent and threatened to bring suit in the
Southern District of New York unless R & L surrendered its infringing product and paid a
substantial monetary fee. A copy of this correspondence is attached as Exhibit B.
Case 3:12-cv-01081 Document 1 Filed 10/19/12 Page 4 of 8 PageID #: 4

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17. On October 18, 2012, Alex & Anis attorney served another cease and desist letter
via email. A copy of this correspondence is attached as Exhibit C.
18. On information and belief, if this action is dismissed for lack of subject matter
jurisdiction, Alex & Ani will sue R & L for infringement of the 167 patent in a separate action in
another court.
19. By virtue of all the foregoing circumstances, including but not limited to the
statements and actions of Alex & Ani, an immediate, real, and justiciable controversy exists
between Alex & Ani and R & L over the validity and R & Ls alleged infringement of the 167
patent and of Alex & Anis alleged trade dress rights.
20. Under all the circumstances alleged herein, a substantial controversy exists
between Alex & Ani and R & L of sufficient immediacy and reality to warrant the issuance of a
declaratory judgment regarding the parties adverse legal interests with respect to Alex & Anis
U.S. Patent D498,167 and Alex & Anis alleged trade dress rights.
21. The Court may and should exercise its broad discretion to adjudicate this action
under the Declaratory Judgment Act. There is no better or more effective remedy or forum for
resolving the present controversies between the parties regarding bangle bracelets. Such
adjudication will serve the underlying purposes of the Declaratory Judgment Act by resolving
legal disputes between Alex & Ani and R & L regarding their respective legal rights to
manufacture and sell bangle bracelets. These disputes should be resolved efficiently and
economically in this action, deciding the controversies between the parties with certainty,
completeness and finality.


Case 3:12-cv-01081 Document 1 Filed 10/19/12 Page 5 of 8 PageID #: 5

6
COUNT I
DECLARATORY JUDGMENT OF NONINFRINGEMENT OF THE 167 PATENT

22. R & L realleges and incorporates by reference the averments pled in the preceding
paragraphs of this Complaint.
23. An actual and justiciable controversy exists between R & L and Alex & Ani
regarding the alleged infringement of the 167 patent by R & Ls manufacture and sales of bangle
bracelets.
24. R & Ls bangle bracelet products do not infringe, literally or under the doctrine of
equivalents, any valid claim of the 167 patent.
25. R & L is not infringing, and has never infringed, any valid claim of the 167 patent,
either directly or indirectly, either literally or under the doctrine of equivalents.
26. R & L is entitled to judgment declaring that it has never infringed and is not
infringing any valid claim of the 167 patent.

COUNT II
DECLARATORY JUDGMENT OF INVALIDITY OF THE 167 PATENT

27. R & L realleges and incorporates by reference the averments pled in the preceding
paragraphs of this Complaint.
28. An actual and justiciable controversy exists between R & L and Alex & Ani
regarding the invalidity of the 167 patent under 35 U.S.C. 102, 103, 112 and/or 251.
29. The 167 is invalid under 35 U.S.C. 102, 103, 112 and/or 251.
30. R & L is entitled to judgment declaring that U.S. Patent D498,167 is invalid.

Case 3:12-cv-01081 Document 1 Filed 10/19/12 Page 6 of 8 PageID #: 6

7
COUNT III
DECLARATORY JUDGMENT OF TRADE DRESS NON-INFRINGEMENT

31. R & L realleges and incorporates by reference the averments pled in the preceding
paragraphs of this Complaint.
32. R & L has not and is not committing any acts of trade dress infringement.

COUNT IV
DECLARATORY JUDGMENT OF TRADE DRESS INVALIDITY

33. R & L realleges and incorporates by reference the averments pled in the preceding
paragraphs of this Complaint.
34. Alex & Anis claim of trade dress is invalid.
35. The design that Alex & Ani purports to have claimed as its trade dress is vague, is
lacking in inherent distinctiveness, depends on features that are generic and commonly used, as
well as elements that are functional and used to compete in its particular market and do not
indicate they come from a common source with others and are not likely to confuse consumers as
to their origin and have not and are unlikely to develop secondary meaning.

PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully prays for entry of judgment as follows:
1. That the Defendant, together with all of its officers, agents, servants, employees,
representatives, and attorneys, and all persons in active concert or participation with any of them
be forthwith preliminarily and thereafter permanently enjoined and restrained from contacting
dealers whom Plaintiff has a business relationship and alleging that Plaintiff has infringed
Case 3:12-cv-01081 Document 1 Filed 10/19/12 Page 7 of 8 PageID #: 7
Case 3:12-cv-01081 Document 1 Filed 10/19/12 Page 8 of 8 PageID #: 8
Defendant's patents and/or trade dress;
2. That the Court declare that Plaintiff has not infringed and is not infringing U.S.
Patent 0498,167;
3. That the Court declare that U.S. Patent D498,167 is invalid;
4. That the Court declare that Plaintiff has not infringed Defendant's claimed trade
dress;
5. That the Court award Plaintiff attorneys' fees and costs incurred in this action; and
6. For any such other and further relief as this Court deems just and proper.
7. Declaring Plaintiff is free to make, sell and distribute its bangle bracelets.
DEMAND FOR JURY TRIAL
Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, R & L demands a trial by
jury of any and all issues on which a trial by jury is available under applicable law.
8
Respectfully submitted,
Randall W. Burton, No. 15393
144 Second Avenue North, Suite 212
Nashville, Tennessee 37201
(615) 620-5838
Attorney for Plaintiff
EXHIBIT 1
Case 3:12-cv-01081 Document 1-1 Filed 10/19/12 Page 1 of 8 PageID #: 9
I IIIII 1111111111111111111111111111111111111111111 11111111111
USOOD498167S
(12) United States Design Patent (lo) Patent No.: US D498,167 S
** Nov. 9, 2004
Ferlise (45) Date of Patent:
(54) EXPANDABLE WIRE BRACELET
(76) Inventor: Carolyn Rafaelian Ferlise, 41
Highgate Rd., Cranston, RI (US) 02920
(**) Term: 14 Years
(21) Appl. No.: 29/194,053
(22) Filed: Nov. 19, 2003
Related U.S. Application Data
(62) Division of application No. 29/181,844, filed on May 16,
2003, now Pat. No. Des. 487,709.
(51) LOC (7) Cl. .................................................... 11-01
(52) U.S. Cl. .......................................................... Dll/5
(58) Field of Search .......................... Dll/1-15, 18-20,
(56)
Dll/22-25, 93; 59/79.1, 79.3, 78, 83; 63/3-4,
9,21, 38
References Cited
U.S. PATENT DOCUMENTS
428,339 A * 5/1890 Howard ... .. ... ... ... ... ... .. ... 63/11
D69,012 S * 12/1925 Dalin .......................... Dll/30
D247,102 S * 1!1978 Durante ........................ Dll/5
5,247,814 A * 9/1993 McDonald .................... 63/3.2
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D472,177 S * 3/2003 McCullough-McPherson Dll/4
* cited by examiner
Primary Examiner-Louis S. Zarfas
Assistant Examiner-John Windmuller
(74) Attorney, Agent, or Firm-Linda M. Buckley;
Christine C. O'Day; Edwards & Angell, LLP
(57) CLAIM
The ornamental design for an expandable wire bracelet, as
shown and described.
DESCRIPTION
FIG. 1 is a perspective view of an expandable wire bracelet,
showing my new design;
FIG. 2 is a top plan view thereof;
FIG. 3 is a bottom view thereof;
FIG. 4 is a left side view thereof;
FIG. 5 is a right side view thereof;
FIG. 6 is a rear view thereof; and,
FIG. 7 is a front view thereof.
The subject matter depicted in dashed lines in FIGS. 1-7 is
shown for illustrative purposes only and forms no part of the
claimed design.
1 Claim, 7 Drawing Sheets
EXHIBIT 1
Case 3:12-cv-01081 Document 1-1 Filed 10/19/12 Page 2 of 8 PageID #: 10
U.S. Patent Nov. 9, 2004
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Case 3:12-cv-01081 Document 1-1 Filed 10/19/12 Page 3 of 8 PageID #: 11
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Case 3:12-cv-01081 Document 1-1 Filed 10/19/12 Page 4 of 8 PageID #: 12
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Case 3:12-cv-01081 Document 1-1 Filed 10/19/12 Page 5 of 8 PageID #: 13
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Case 3:12-cv-01081 Document 1-1 Filed 10/19/12 Page 6 of 8 PageID #: 14
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EXHIBIT 1
Case 3:12-cv-01081 Document 1-1 Filed 10/19/12 Page 7 of 8 PageID #: 15
U.S. Patent
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EXHIBIT 1
Case 3:12-cv-01081 Document 1-1 Filed 10/19/12 Page 8 of 8 PageID #: 16
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420 Lexington Avenue
Suite 2743
New York, New York 10170
Phone: 212.300.5358
Fax: 888.265.7054
www.garbarinilaw.com



VIA E-MAIL to r.reep@bellaryann.com
AND FEDERAL EXPRESS

Randa Isa Reep
Bella Ryann
7348 Charlotte Pike
Nashville, TN37209

Re: Alex and Ani, LLC v. Bella Ryann

Ms. Reep:
Our firm has been retained by Alex and Ani, LLC to enforce its intellectual property
rights to a particular design of bangle bracelet covered by U.S. Patent No. D498,167 and
associated trade dress rights in its signature bangle bracelet (see Attachment 1).
You, along with Bella Ryann (collectively You) have imported, manufactured, sold,
and offered for sale at least one infringing style of bangle bracelet (see Accused Bangles,
Attachment 2) without authorization or license. This infringes Alex and Ani's intellectual
property rights under 35 U.S.C. 271 and Section 43(a) of the Lanham Act.
Alex and Ani demands that Bella Ryann immediately cease and desist from any further
importation, sale, or offer for sale of infringing bangle bracelets. Moreover, Alex and Ani
demands that any infringing bangle bracelets in Bella Ryanns possession be delivered to the
above law firm for permanent disposal.
Patent Claims
You have infringed, and are continuing to infringe, the '167 patent directly and by
inducement, by making, using, importing, selling, and offering for sale infringing bangle
bracelets in the United States. Under the patent laws of the United States, Alex and Ani has the
right to certain remedies for the infringement. These remedies include money damages adequate
to compensate for the infringement but in no event less than a reasonable royalty under 35
U.S.C. 284. Moreover, it is believed that Bella Ryanns infringement has been willful,
entitling Alex and Ani to treble damages and its attorneys fees.
EXHIBIT 2
Case 3:12-cv-01081 Document 1-2 Filed 10/19/12 Page 1 of 2 PageID #: 17

Garbarini FitzGerald P.C.
Page 2




Trade Dress Claims
You have infringed, and are continuing to infringe, Alex and Ani's trade dress rights in its
signature bangle bracelet in violation of Section 43(a) of the Lanham Act by essentially
duplicating the overall appearance of the bracelet including its size, shape, wire gauge, etc. Your
direct copying of the charms, style and layout has created actual confusion in the marketplace.
You have clearly and deliberately attempted to copy the marketing, tags, even the use of charm
layout in order to capitalize on the renown of Alex and Ani. Under the Lanham Act, Alex and
Ani is entitled to money damages for the infringement including all profits made by the sale of
infringing bangle bracelets.
Demand
As a compromise and settlement of this dispute prior to litigation being filed, Alex and
Ani demands $150,000, surrender of all infringing bangle bracelets for destruction, and an
undertaking by Bella Ryann that it will not infringe Alex and Ani's intellectual property rights in
the future. Should we be unable to adequately resolve this matter, we will be filing a complaint
in the United States Federal Court for the Southern District of New York on October 23, 2012.
In the meantime, You must retain, maintain, and preserve all relevant documents and
things including electronically stored information (such as e-mail) in their original condition,
relevant to:
The Accused Bangles and charms.
Any similar bangle and/or charms.
Wright Chicken Farm.
B.L. Rogers.
Don Mar Associates.
Alex and Ani, LLC.
Northeast Market Center.
All sales of the Accused Bangles.
If You are unwilling, or unable, to comply with the forgoing, please inform us
immediately so we may take appropriate measures. Failure to preserve may constitute spoliation
of evidence. I can be reached at 212.300.5358, should you wish to discuss this matter.
GARBARINI FITZGERALD P.C.
By: __________________________
Richard M. Garbarini
Encls.
EXHIBIT 2
Case 3:12-cv-01081 Document 1-2 Filed 10/19/12 Page 2 of 2 PageID #: 18
- - - - - - - - Original Message - - - - - - - -
Subj ect : Alex and Ani adv. Bella Ryan
From: "Richard Garbarini" < rgarbarini@garbarinilaw. com>
Dat e: Thu, Oct ober 18, 2012 1: 09 pm
To: r. reep@bellaryann. com
Cc: "Trisha Desrosiers" < t desrosiers@garbarinilaw. com> , "Thomas
Fit zGerald" < t fit zgerald@garbarinilaw. com>
Ms. Reep:

Attached are the complete exhibits you should have recieved today via Federal Express.
We, regrettably, have been afforded a very short time-frame to resolve this matter, or file
in the Federal Court for the Southrn District of New York; which will do by Tuesday,
October 23, 2012. If you have any interest in attempting to resolve this pre-litigation, we
have to talk by tomorrow. I am sure we can reach an amicable soluton, but I cannot
stress enough, that the window of opportunity to do so is very short.

Richard M. Garbarini, Esq.
GARBARINI FITZGERALD P.C.
420 Lexington Avenue
The Graybar Building
Suite 2743
New York, NY 10170
Office : 212.300.5358
Direct Line : 212.252.2281
Fax : 888.265.7054
www.garbarinilaw.com
certa bonum certamen

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EXHIBIT 3
Case 3:12-cv-01081 Document 1-3 Filed 10/19/12 Page 1 of 1 PageID #: 19
Case 3:12-cv-01081 Document 1-4 Filed 10/19/12 Page 1 of 1 PageID #: 20
<!o.JS 44 (Rev. 12/07)
CIVIL COVER 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 ofmitiating
the civil docket sheet. {SEE JNSTRUCfJONS ON THE REVERSE OF THE FORM.)
I. (a) PLAINTIFFS
R&L Merchandising, LLC
(b) County of Residence of First Listed Plaintiff Davidson Cty, TN
(EXCEPT IN U.S. PLAINTIFF CASES)
(c) Attorney's (Finn Name, Address, and Telephone Nul)lber)
DEFENDANTS
Alex and Ani, LLC
County of Residence of First Listed Defendant Providence Cty, Rl
(IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND JNVOL VED.
Attorneys (!fKnown)
Randall W. Burton, Attorney at Law, 144 Second Ave., N. Ste. 212
Nashville TN 37201 615 620-5838
II. BASIS OF JURISDICTION (Place an "X" inOneBoxOnly) III. CITIZENSHIP OF PRINCIPAL PARTIES(Piace an "X" in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1!!1 3 Federa!Question PTF DEF PTF DEF 0 I U.S. Government
Plaintiff (U.S. Government Not a Party) Citizen of This State 0 I 0 1 Incorporated or Principal Place 0 4 0 4
0 2 U.S. Government
Defendant
0 II 0 Insurance
0 120 Marine
0 130 Miller Act
0 140 Negotiable Instrument
0 150 Recovery of Overpayment
& Enforcement of
0 151 Medicare Act
0 152 Recovery of Defaulted
Student Loans
(ExcL Veterans)
0 153 Recovery of Overpayment
ofVeteran's Benefits
0 160 Stockholders' Suits
0 190 Other Contract
0 195 Contract Product Liability
0 4 Diversity
(Indicate Citizenship of Parties in Item III)
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers'
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
PERSONAL INJURY
0 362 Personal Injury -
Med. Malpractice
0 365 Personal Injury -
Product Liability
0 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
0 370 Other Fraud
0 371 Truth in Lending
0 380 Other Personal
Property Damage
0 385 Property Damage
Product Liability
Citizen of Another State
610 Agriculture
0 620 Other Food & Drug
0 625 Drug Related Seizure
of Property 21 USC 881
0 630 Liquor Laws
0 640 R.R. & Truck
Act
0 720 Labor/Mgmt. Relations
0 730 Labor/Mgmt.Reporting
& Disclosure Act
740 Railway Labor Act
441 Voting 510 Motions to Vacate 0 790 Other Labor Litigation
0 220 Foreclosure
0 230 Rent Lease & Ejectment
0 240 Torts to Land
0 245 Tort Product Liability
0 290 All Other Real Property
442 Employment Sentence 0 791 Empl. Ret.lnc.
443 Housing! Habeas Corpus: Security Act
Accommodations 530 General
0 444 Welfare 535 Death Penalty
0 445 Amer. w/Disabilities- 540 Mandamus & Other
Employment 550 Civil Rights
0 446 Amer. w/Disabilities- 555 Prison Condition
Other
.440 Other Civil Rights
0 463 Habeas Corpus -
Alien Detainee
465 Other Immigration
Actions
of Business In This State
0 2 0 2 Incorporated and Principal Place
of Business In Another State
0 5 0 5
0 3 0 3 Foreign Nation
0 422 Appeal 28 USC 158
0 423 Withdrawal
28 usc 157
'' '.....t L
870 Taxes (U.S. Plaintiff
or Defendant)
871 IRS-Third Party
26 usc 7609
0 6 0 6
400 State Reapportionment
410 Antitrust
0 430 Banks and Banking
0 450 Commerce
0 460 Deportation
0 470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
810 Selective Service
850 Securities/Commodities!
Exchange
875 Customer Challenge
12USC3410
890 Other Statutory Actions
891 Agricu.Jtural Acts
892 Economic Stabilization Act
893 Environmental Matters
894 Energy Allocation Act
895 Freedom of!nfonnation
Act
900Appeal of Fee Detennination
Under Equal Access
to Justice
950 Constitutionality of
State Statutes
V. ORIGIN
!Sll Original
Proceeding
(Place an "X" in One Box Only)
0 2 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict
Appellate Court Reopened dJstnct Litigation
0 7
Appeal to District
Judge from
Magistrate
State Court
Jud ment
diversity):
VI. CAUSE OF ACTION t:B::-r::-ie-::-fd":"e-sc-r::-ip-:ti-on;...o-:f:-c-au...:;;s_e:----------------------...... ,......------------
Declaratory. action seeking patent and dress declared invalid
Vll. REQUESTED IN
COMPLAINT:
0 CHECK IF THIS IS A CLASS ACTION DEMAND$ CHECK YES only if demanded in complaint:
UNDER F.R.C.P. 23 JURY DEMAND: li1l' Yes 0 No
VIII. RELATED CASE(S)
IF ANY
DATE
10/19/2012
FOR OFFICE. USE ONLY
RECEIPT# AMOUNT
(See instructions):
JUDGE
APPLYING IFP
----- ------
DOCKET NUMBER
JUDGE MAG. JUDGE
------- ------ ------"-----
Case 3:12-cv-01081 Document 1-5 Filed 10/19/12 Page 1 of 1 PageID #: 21
AO 440 (Rev. 12/09) Summons in a Civil Action
UNITED STATES DISTRICT COURT
R&L Merchandising, LLC
Plaintiff
v.
Alex and Ani, LLC
for the
Middle District of Tennessee
)
)
)
)
)
)
Civil Action No.
SUMMONS IN A CIVIL ACTION
To: (Defendant's name and address) Alex and Ani, LLC
12
C/0 Michael F. Sweeney, Esq., Registered Agent for Service of Process
One Financial Plaza, Suite 1800
Providence, Rl 03903
A lawsuit has been filed against you.
1081
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 plaintiffs attorney,
whose name and address are: Randall W. Burton
Attorney at Law
144 Second Ave., N. Ste. 212
Nashville, TN 37201
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.
KEITH THROCKMORTON
CLERK OF C O U R T ~ .
Date:
OCT 1 9 2012
Signature of Clerk or Deputy Clerk

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