Case 2:14-cv-00125-DBP Document 2 Filed 02/20/14 Page 1 of 16

Andrew W. Stavros (8615) Austin B. Egan (13203) STAVROS LAW P.C. 11693 South 700 East, Suite 200 Draper, Utah 84020 Tel: (801) 758.7604 Fax: (801) 893.3573 Email: andy@stavroslaw.com austin@stavroslaw.com Attorneys for Plaintiff Turbo Style Products

IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

TURBO STYLE PRODUCTS, LLC, a Utah limited liability company, COMPLAINT Plaintiff, vs. AMAZON.COM, INC., a Delaware corporation, Defendant. Case No. 2:14-cv-00125-DBP Magistrate Dustin B. Pead

Plaintiff Turbo Style Products, LLC, by and through its undersigned attorneys, brings this complaint (the Complaint) against Defendant Amazon.com, Inc. PRELIMINARY STATEMENT 1. Turbo Style brings this action under U.S. patent laws 35 U.S.C. 1 et seq., under

the Lanham Trademark Act, 15 U.S.C. 1125 and 1501 et seq., and under various Utah state law and common law provisions.

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PARTIES, JURISDICTION, & VENUE 2. Plaintiff Turbo Style Products, LLC (Turbo Style or Plaintiff) is a limited

liability company lawfully registered and existing under the laws the State of Utah. Turbo Style conducts business in Utah and its principal office is located at 2402 Lake View Ct, Park City, Utah 84060. 3. Defendant Amazon.com, Inc. (Amazon or Defendant) is a corporation

organized and existing under the laws of the State of Delaware with its principal place of business located in Seattle, Washington. 4. This Court has subject matter jurisdiction over Turbo Styles federal claims

asserted herein pursuant to 28 U.S.C. 1331 and 1338. 5. This Court has supplemental jurisdiction over Turbo Styles state law claims

pursuant to 28 U.S.C. 1367(a). 6. This Court may exercise personal jurisdiction over Amazon because Amazon has

purposefully directed its business activities toward the State of Utah. 7. Amazons contacts with Utah are substantial, continuous, and systematic, and this (Additional

action is based on activities that arise out of or are related to those contacts.

allegations relevant to personal jurisdiction are set forth in the general allegations that follow). 8. This action properly lies in the District of Utah, Central Division, pursuant to 28

U.S.C. 1391(b) because claims asserted herein arose in this judicial district. 9. Accordingly, venue is proper pursuant to 28 U.S.C. 1391. GENERAL ALLEGATIONS Turbo Styles Products and Intellectual Property

Case 2:14-cv-00125-DBP Document 2 Filed 02/20/14 Page 3 of 16

10.

Turbo Style is in the business of inventing, developing, manufacturing,

distributing, and selling various automobile accessories. 11. Turbo Style is the owner of two design patents designated as United States Design

Patent Nos. D672,917 and D675,776 (collectively the Turbo Style Patents). Copies of the Turbo Style Patents are attached hereto as Exhibit A. The Turbo Style Patents claim the design of an automobile headlight accessory that approximates the shape of eye lashes. The designs claimed by the Turbo Style Patents are illustrated below.

Case 2:14-cv-00125-DBP Document 2 Filed 02/20/14 Page 4 of 16

12.

Turbo Style manufactures, markets, and sells automobile accessory products

throughout the United States, including products that approximate the shape of eyelashes and that are sold under the CARLASHES mark (the CARLASHES Products). 13. Through the extensive sale, marketing, and distribution of the CARLASHES

Products, the design and trade dress of the CARLASHES Products has become distinctive and consumers associate the design and trade dress with Turbo Style. An image of one example of the CARLASHES Products is illustrated below.

Amazon.com 14. Amazon is one of the worlds largest online retailers of a wide range of products,

including automobile accessories. Amazon owns, operates, maintains and controls the website www.amazon.com. 15. Through its website, (www.amazon.com), Amazon sells products directly to

customers all over the United States (including Utah) and throughout the word. 16. Amazon also facilitates, encourages, participates in, and permits sales between

third-party sellers and customers. Third-party sellers use Amazon to list, market, sell, and 4

Case 2:14-cv-00125-DBP Document 2 Filed 02/20/14 Page 5 of 16

distribute their products. Amazon processes payments made by customers and provides the technology and infrastructure to complete the sales between third parties and their customers. 17. Additionally, Amazon operates a fulfillment service and network (the fulfillment

service) whereby third-party sellers send their products to Amazon fulfillment centers across the United States. Upon completing a sale on Amazon.com, Amazon ships the products for the sellers and provides customer service on behalf of the sellers. Amazons Misconduct 17. Upon information and belief, Amazon markets, sells, offers for sale, fulfills sales,

distributes, and/or imports into the United States automobile accessories that infringe on the Turbo Style Patents (the Infringing Products). 18. Upon information and belief, Amazons continued marketing, sales, offers for

sale, fulfillments of sales, distributions, and/or imports of the Infringing Products has injured, is injuring, and will continue to cause irreparable injury to Turbo Style. 19. Domestic and international third-party sellers (particularly sellers based in China)

use Amazons fulfillment service to sell products that infringe on Turbo Styles patents, trademark, and other intellectual property rights pertaining to the CARLASHES products. 20. Amazons fulfillment service provides the technology, infrastructure, and logistics

to enable the sale and shipment of products that infringe on Turbo Styles patents, trade dress, and common law rights. 21. Upon information and belief, Infringing Products have been sold on amazon.com

(or through Amazons fulfillment service) to many customers in Utah.

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22.

Amazon has marketed the Infringing Products to Utah customers, offered to sell

the Infringing Products to Utah customers, processed payments from Utah customers, completed sales of the Infringing Products to Utah customers, and shipped and/or distributed infringing products to Utah customers. 23. Because there are so many sellers on Amazon.com who sell and (offer to sell)

infringing products, it is difficult for Turbo Style to maintain an accurate and comprehensive list of all of Amazons infringing product listings. The list of infringing product listings will continue to change as new sellers emerge. To the best of Turbo Styles knowledge, information, and belief, the infringing product listings currently include:
Product/Seller Name
ASIN (Amazon Standard Identification Number) B000405M54Q B004Y10kP4 B005PL2AVQ Using the Carlashes name B007FAYBTE B004UVEGPK B004UVEGPK B00AZZQYUA

eBada Group Know Deals Garden Arena Buyme-accee Annie/Bella - Gimmick World SummersonSale Bid Surpise Pengzhang19841112 Car Sticker (sells through Gimmick World) Blue Stripe Angel Beauty McCartney Kay Auto Cosmetics, LLC Redline Store (sells through Gimmick World) Promise is Promise

24.

Additionally, upon information and belief, Amazon acted in an objectively

reckless manner with respect to Tubro Styles patent rights. Amazon has been made aware of the infringing product listings yet has taken no action whatsoever to remove those listings. 25. On information and belief, Amazon has used, marketed, sold, offered for sale,

participated in and substantially contributed to sales, and/or imported into the United States the 6

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Infringing Products knowing that it was highly likely that their acts would constitute infringement of a valid patent. 26. Consequently, Amazon has engaged in willful infringement of the Turbo Style

Patents and Turbo Style is therefore entitled to treble damages, attorneys fees, court costs, and prejudgment interest pursuant to 35 U.S.C. 284 and 285. 27. Amazon has used, marketed, sold, offered for sale, participated in and

substantially contributed to sales, and/or imported into the United States the Infringing Products which copy the trade dress of Turbo Styles CARLASHES Products. 28. Through its website and its fulfillment service, Amazon is in direct competition

with Turbo Style and the Infringing Products are substantially identical to Turbo Styles CARLASHES Products. 29. Infringing Products sold on amazon.com and through Amazons fulfillment

service are marketed through identical channels of trade as those channels used by Turbo Style. 30. Infringing Products sold on amazon.com and through Amazons fulfillment

service are marketed to identical customers that Turbo style markets to. 31. Amazon has used, marketed, sold, offered for sale, participated in and

substantially contributed to sales, and/or imported into the United States product designs that are confusingly similar to the CARLASHES Products. 33. The infringing product designs are likely to cause confusion or mistake as to the

affiliation, connection, or association of the Infringing Products to their true manufacturer. 33. The infringing product designs are likely to cause confusion or mistake as to the

affiliation, connection, or association of CARLASES Products with Turbo Style.

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34.

Upon information and belief, Amazon has purposefully marketed, sold, offered

for sale, distributed, and/or imported counterfeit copies of Turbo Styles CARLASHES Products. 35. Upon information and belief, and Amazon has purposefully marketed, sold,

offered for sale, distributed, and/or imported products that infringe on Turbo Styles trade dress. 36. Upon information and belief, Amazon has unlawfully benefited from Turbo

Styles goodwill in the marketplace by marking, selling, offering for sale, distributing, and/or importing counterfeit copies of Turbo Styles CARLASHES Products. 37. Turbo Style has been and continues to be significantly damaged by Amazons

actions. So long as Amazon continues to perform the unlawful and improper actions described in this Complaint, Turbo Style will continue to suffer irreparable harm that will not be fully compensable by money damages. 38. On September 30, 2013 and again on October 29, 2013, Turbo Styles counsel

sent a notice of patent and trademark infringement to Amazon, and demanded that Amazon remove all infringing products from amazon.com. Turbo Styles September 30, 2013 notice is attached hereto as Exhibit B. Turbo Styles October 29, 2013 notice is attached hereto as Exhibit C.

Case 2:14-cv-00125-DBP Document 2 Filed 02/20/14 Page 9 of 16

FIRST CAUSE OF ACTION PATENT INFRINGEMENT OF THE TURBO STYLE PATENTS UNDER 35 U.S.C. 271 39. 40. 41. The preceding allegations are incorporated herein by reference. Turbo Style owns the Turbo Style Patents. Amazon uses, markets, sells, offers for sale, participates in, substantially

contributes to sales, and/or imports into the United States automobile accessories that directly infringe on the Turbo Style Patents. 42. Turbo Style has not granted Amazon (or any third-party sellers on amazon.com)

permission, license, or authorization to use the designs in the Turbo Style Patents. 43. Upon information and belief, Amazons infringing activities have damaged Turbo

Style in an amount to be proven at trial. Among other remedies, Turbo Style is entitled to its lost profits, or in the alternative, a reasonable royalty to adequately compensate Turbo Style for Amazons infringing activities under 35 U.S.C. 284. 44. Further, the harm to Turbo Style arising from Amazons unlawful acts is not

adequately or fully compensable by money damages. Turbo Style has suffered and continues to suffer irreparable harm and Turbo Style has no adequate remedy at law. Turbo Style will continue to suffer this Harm until Amazons infringing conduct is preliminarily and permanently enjoined. 45. On information and belief, Amazon acted in an objectively reckless manner with

regard to Turbo Styles patent rights.

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46.

Upon information and belief, Amazon used, marketed, sold, offered for sale,

participated in and substantially contributed to sales, and/or imported into the United States the Infringing Products knowing that it was highly likely that its actions would constitute infringement of a valid patent. 47. Amazon knew or reasonably should have known that its actions were highly

likely to result in the infringement of a valid patent. 48. Amazon has engaged in willful infringement of the Turbo Style Patents, and

Turbo Style is therefore entitled to treble damages, attorneys fees, costs incurred in this action, and prejudgment interest pursuant to 35 U.S.C. 284 and 285. SECOND CAUSE OF ACTION CONTRIBUTORY PATENT INFRINGEMENT, 35 U.S.C. 271(C) 49. 50. The preceding paragraphs are incorporated herein by reference. Through its website and its fulfillment service, Amazon sells, offers to sell, and/or

imports the Infringing Products. 51. Amazon permits, assists, and encourages third-parties to post the Infringing

Products for sale on amazon.com. 52. Amazon permits, assists, and encourages the sale of Infringing Products on

amazon.com and through its fulfillment service. 53. Amazon has been made aware of multiple infringing product listings. (See

Exhibits B and C). 54. Amazon has nevertheless taken no action to prevent the marketing, sale, offer for

sale, and/or importation of the Infringing Products.

10

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55. infringing use.

The Infringing Products are not a staple or article suitable for any substantial non-

THIRD CAUSE OF ACTION TRADE DRESS INFRINGEMENT AND UNFAIR COMPETITION, 15 U.S.C. 1125(A) AND COMMON LAW 56. 57. The preceding allegations are incorporated herein by reference. The trade dress design features associated with the Turbo Style CARLASHES

Products are indicative of Turbo Style and its automobile accessories, are inherently distinctive, and have acquired secondary meaning with the consuming public. 58. The Infringing Products use design features that are likely to cause confusion or

mistake, or to deceive as to the affiliation, connection, association, origin, sponsorship, or approval of their goods and commercial activities in light of Turbo Styles trade dress. 59. By engaging in the activities set forth herein, Amazon has infringed Turbo Styles

trade dress and is liable for unfair competition under 15 U.S.C. 1125(a)(1)(A) and under the common law. 60. Turbo Style has suffered actual damages as a result of Amazons trade dress

infringement and unfair competition in an amount to be proven at trial. 61. Additionally, the harm to Turbo Style arising from Amazons acts is not fully

compensable by money damages. Turbo Style has suffered and continues to suffer irreparable harm. Turbo Style has no adequate remedy at law and the harm to Turbo Style will continue until Amazons conduct is preliminarily and permanently enjoined.

11

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62.

Amazons continued use, marketing, sale, and offers for sale of Turbo Styles

trade dress is willful and intentional. As a result, Turbo Style is also entitled to treble damages, attorneys fees, and costs. FOURTH CAUSE OF ACTION CONTRIBUTORY TRADE DRESS INFRINGEMENT 63. 64. The preceding allegations are incorporated herein by reference. On its website and through it fulfillment service, Amazon continues to provide the

technology, infrastructure, and logistics to enable the sale and shipment of products that infringe on Turbo Styles patents, trade dress, and common law rights. 65. service. 66. Amazon has complete control over product listings on its website and has Amazon owns, operates, controls, and maintains its website and its fulfillment

complete control over its fulfillment centers. 67. Despite being alerted to infringing product listings on its website (see Exhibits B

and C), Amazon knowingly continues to facilitate, encourage, permit and assist third parties to sell products that infringe on Turbo Styles trade dress. 68. Turbo Style has suffered actual damages as a result of Amazons contributory

trade dress infringement in an amount to be proven at trial. 69. Additionally, the harm to Turbo Style arising from Amazons acts is not fully

compensable by money damages. Turbo Style has suffered and continues to suffer irreparable harm. Turbo Style has no adequate remedy at law and the harm to Turbo Style will continue unless Amazons conduct is preliminarily and permanently enjoined.

12

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FIFTH CAUSE OF ACTION VICARIOUS TRADE DRESS INFRINGEMENT 70. 71. The preceding paragraphs are incorporated herein by reference. Amazon, the third parties that sell infringing products on amazon.com, and the

third parties that sell infringing products through Amazons fulfillment service all have authority to bind one another in transactions with customers. 72. Amazon and these third-party sellers exercise joint ownership or control over the

marketing, sale, offers for sale, and/or distribution of products that infringe on Turbo Styles trade dress. 73. Amazon knowingly facilitates, encourages, permits and assists the third-party

sellers to enable the sale and delivery of products that infringe on Turbo Styles trade dress. 74. Amazon has the authority and ability to remove infringing product listings from

its website but has failed to do so, despite Turbo Styles requests. 75. Amazon has the authority and ability to stop the fulfillment of sales of the

Infringing Products, but has failed to do so, despite Turbo Styles requests. 76. Turbo Style has suffered actual damages as a result of Amazons vicarious trade

dress infringement in an amount to be proven at trial. 77. Additionally, the harm to Turbo Style arising from Amazons acts is not fully

compensable by money damages. Turbo Style has suffered and continues to suffer irreparable harm. Turbo Style has no adequate remedy at law and the harm to Turbo Style will continue until Amazons conduct is preliminarily and permanently enjoined.

13

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SIXTH CAUSE OF ACTION COUNTERFEITING, 15 U.S.C. 1117 78. 79. The preceding paragraphs are incorporated herein by reference. On its website and through its fulfillment service, Amazon markets, sells, offers

for sale, distributes, and/or imports counterfeit copies of Turbo Styles CARLASHES Products. 80. The counterfeit copies sold, offered for sale, distributed, and/or imported by

Amazon are counterfeit products pursuant to 15 U.S.C. 1117. 81. Turbo Style has been and continues to be irreparably harmed by Amazons

unlawful counterfeiting. 82. 83. Turbo Style should be awarded damages in amount to be determined at trial. Amazons counterfeiting was done willfully. Turbo Style is therefore entitled to

treble damages, statutory damages, attorneys fees, and court costs. SEVENTH CAUSE OF ACTION UNFAIR COMPETITION, UTAH CODE ANN. 13-5A-103, UTAH CODE ANN. 13-514, AND/OR UTAH COMMON LAW 84. 85. 86. Patents. 87. Amazon uses, markets, sells, offers for sale, and/or imports into the United States The preceding paragraphs are incorporated herein by reference. Turbo Style owns the Turbo Style Patents. Amazon has engaged in unfair competition by infringing on the Turbo Style

automobile accessories that infringe the Turbo Style Patents. 88. Amazon has also engaged in unfair methods of competition by infringing Turbo

Styles trade dress.

14

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89.

Turbo Style has been injured by Amazons unfair competition. Customers are

buying the Infringing Products on amazon.com and through Amazons fulfillment service. 90. By engaging in the actions described herein, Amazon has engaged in unfair

competition under Utah Code Ann. 13-5A-103, Utah Code Ann. 13-5-14, and/or Utah Common Law. 91. Turbo Style has suffered actual damages as a result of Amazons unfair practices

in an amount to be proven at trial. 92. The harm to Turbo Style caused by Amazons conduct is not adequately or fully

compensable by money damages. Turbo Style has suffered and continues to suffer irreparable harm and has no adequate remedy at law. The harm to Turbo Style will continue unless Amazons unfair and unlawful conduct is preliminarily and permanently enjoined. 93. Turbo Style should also be awarded its attorneys fees and court costs. CONCLUSION & REQUEST FOR RELIEF WHEREFORE, based on the foregoing, Plaintiff Turbo Style Products, LLC respectfully requests a judgment from the Court as follows: (1) (2) (3) (4) (5) Amazon has directly and willfully infringed the Turbo Style Patents; Amazon is liable for contributory infringement of the Turbo Style Patents; Amazon has engaged in direct, contributory, and vicarious trade dress infringement; Amazon has engaged in the willful counterfeiting of Turbo Styles products; Amazon has engaged in unfair competition pursuant to Utah Code Ann. 13-5A-103, Utah Code Ann. 13-5-14, and/or Utah common law; Preliminary and permanent injunctive relief enjoining Amazon, its officers, directors, principals, agents, employees, successors and assigns, and all others aiding, abetting, or acting in concert or active participation therewith, from directly or indirectly infringing 15

(6)

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Turbo Styles patents and trade dress, including without limitation, injunctive relief precluding Amazon from marketing, selling, offering for sale, or importing products that infringe Turbo Styles patents and trade dress; (7) A judgment against Amazon for Turbo Styles actual damages in an amount to be proven at trial; A judgment awarding Turbo Style treble damages to be determined at trial; A judgment awarding Turbo Style its attorneys fees and court costs; A judgment awarding Turbo Style prejudgment and post-judgment interest, as applicable, at the highest lawful rate; and A judgment awarding Turbo Style such other and further relief, at law or equity, to which Turbo Style may be justly entitled.

(8) (9) (10)

(11)

Respectfully submitted on this the 20th day of February, 2014.

STAVROS LAW, P.C.

/s/ Austin B. Egan________ Austin B. Egan Attorney for Plaintiff Turbo Style Products, LLC

16

JS 44 (Rev. 12/12)

Case 2:14-cv-00125-DBP Document 2-1 Filed 02/20/14 Page 1 of 2

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 of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS
TURBO STYLE PRODUCTS, LLC
(b) County of Residence of First Listed Plaintiff

DEFENDANTS
AMAZON.COM, INC.

Summit County, Utah

County of Residence of First Listed Defendant

NOTE:

King County, Washington

(EXCEPT IN U.S. PLAINTIFF CASES)

(IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number)

Andrew Stavros (8615), Austin Egan (13203), STAVROS LAW, P.C. 11693 South 700 East, Suite 200, Draper, Utah 84020 Tel. 801.758.7604

Attorneys (If Known)

II. BASIS OF JURISDICTION (Place an X in One Box Only)

1 U.S. Government Plaintiff U.S. Government Defendant 3 Federal Question (U.S. Government Not a Party) Diversity (Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

(For Diversity Cases Only) PTF Citizen of This State 1 Citizen of Another State Citizen or Subject of a Foreign Country 2 3 DEF 1 2 3 and One Box for Defendant) PTF DEF Incorporated or Principal Place 4 4 of Business In This State Incorporated and Principal Place of Business In Another State Foreign Nation 5 6 5 6

IV. NATURE OF SUIT (Place an X in One Box Only)

CONTRACT 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excludes Veterans) 153 Recovery of Overpayment of Veterans Benefits 160 Stockholders Suits 190 Other Contract 195 Contract Product Liability 196 Franchise REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property TORTS PERSONAL INJURY 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 Product Liability 360 Other Personal Injury 362 Personal Injury Medical Malpractice CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 448 Education PERSONAL INJURY 365 Personal Injury Product Liability 367 Health Care/ Pharmaceutical Personal Injury Product Liability 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability PRISONER PETITIONS Habeas Corpus: 463 Alien Detainee 510 Motions to Vacate Sentence 530 General 535 Death Penalty Other: 540 Mandamus & Other 550 Civil Rights 555 Prison Condition 560 Civil Detainee Conditions of Confinement FORFEITURE/PENALTY 625 Drug Related Seizure of Property 21 USC 881 690 Other BANKRUPTCY 422 Appeal 28 USC 158 423 Withdrawal 28 USC 157 PROPERTY RIGHTS 820 Copyrights 830 Patent 840 Trademark LABOR 710 Fair Labor Standards Act 720 Labor/Management Relations 740 Railway Labor Act 751 Family and Medical Leave Act 790 Other Labor Litigation 791 Employee Retirement Income Security Act SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) OTHER STATUTES 375 False Claims Act 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 850 Securities/Commodities/ Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information Act 896 Arbitration 899 Administrative Procedure Act/Review or Appeal of Agency Decision 950 Constitutionality of State Statutes

FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff or Defendant) 871 IRSThird Party 26 USC 7609

IMMIGRATION 462 Naturalization Application 465 Other Immigration Actions

V. ORIGIN (Place an X in One Box Only)

1 Original Proceeding 2 Removed from State Court 3 Remanded from Appellate Court 4 Reinstated or Reopened 5 Transferred from Another District
(specify)

6 Multidistrict Litigation

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI. CAUSE OF ACTION Brief description of cause:

35 USC 1 et seq., 15 U.S.C. 1125 and 1501 et seq., 15 U.S.C. 1117

Patent infringement, contributory patent infringement, trade dress infringement, counterfeiting

DEMAND $ CHECK YES only if demanded in complaint: Yes No JURY DEMAND: DOCKET NUMBER

CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER RULE 23, F.R.Cv.P. COMPLAINT: VIII. RELATED CASE(S) (See instructions): IF ANY JUDGE
DATE

SIGNATURE OF ATTORNEY OF RECORD

02/20/2014
FOR OFFICE USE ONLY RECEIPT # AMOUNT

/s/ Austin B. Egan

APPLYING IFP JUDGE MAG. JUDGE

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JS 44 Reverse (Rev. 12/12)

Case 2:14-cv-00125-DBP Document 2-1 Filed 02/20/14 Page 2 of 2

Authority For Civil Cover Sheet

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

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. 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.) 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)". 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.) 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. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. Origin. Place an "X" in one of the six boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. 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. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. 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 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.

(b)

(c)

II.

III.

IV.

V.

VI.

VII.

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.

Case 2:14-cv-00125-DBP Document 2-2 Filed 02/20/14 Page 1 of 10

Exhibit A Turbo Style Patents

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Exhibit B Letter to Amazon September 30, 2013

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Exhibit C Letter to Amazon October 29, 2013

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