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UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF NEW YORK



)
Mouth Man, LLC )
)
Plaintiff )
) CIVIL ACTION
- against - ) NO.:
)
American Marketing Enterprises, nc. )
)
Defendants. )
)


COMPLAINT
Plaintiff, Mouth Man, LLC ("Plaintiff) for its complaint against Defendant,
American Marketing Enterprises, nc. ("Defendant) states as follows:
INTRODUCTION
1. This action is based upon patent infringement. United States Patent No.
8,181,274 ("the Patent) is attached as Exhibit A.
THE PARTIES
2. Plaintiff is a California company having its principal place of business at
4271 Park Road, Benicia, California 94510.
3. On information and belief, Defendant is a New York corporation having its
principal place of business at 350 Fifth Avenue, New York, NY 10118.
3:14-CV-210 [DNH/ATB]


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JURISDICTION AND VENUE
4. This Court has subject matter jurisdiction over this action pursuant to 28
U.S.C. 1331, 1338(a), and 1338(b).
5. Under NY C.P.L.R. 301, this Court has personal jurisdiction over
Defendant because Defendant is doing business in the State of New York.
6. Defendant's website advertises that Defendant's business is located in the
State of New York.
7. Entity information from the New York Department of State Division of
Corporations indicates that Defendant is a domestic business corporation in the State of
New York.
8. The website, http://companies.findthecompany.com/l/16945385/American
Marketing-Enterprises-nc-in-New-York-NY states that the company produces men's,
women's, children's, and infants' clothing and accessories.
9. Under NY C.P.L.R. 301, this Court has personal .jurisdiction over
Defendant because Defendant transacts business within the State of New York and/or
contracts to supply goods and services in the State of New York.
10. Defendant has committed a tortious injury in the State of New York.
11. Upon information and belief, Defendant is manufacturing, selling, and
delivering products, specifically articles of clothing that infringe the Patent at least in the
States of New York and California.
12. Defendant's articles of clothing are substantially identical to the articles of
clothing described and claimed in the Patent and sold by Plaintiff under the registered
trademark, MouthMan.


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BACKGROUND
13. Plaintiff repeats and re-alleges the statements and allegations set forth in
paragraphs 1-12 above, and incorporates them herein.
14. Plaintiff is the manufacturer and distributor of proprietary articles of
clothing.
15. Plaintiff is the owner of the Patent.
16. Plaintiff advertises and sells articles of clothing under the registered
trademark, MouthMan.
17. Letters Patent for the Patent constitutes prima facie evidence of Plaintiff's
exclusive right to make, use, sell, and import articles of clothing described and claimed
in the Patent.
COUNT I
Patent Infringement under 35 U.S.C. 271
18. Plaintiff repeats and re-alleges the statements and allegations set forth in
paragraphs 1-12 and 14-17 above, and incorporates them herein.
19. Defendant is a manufacturer and distributor of products in the women's,
children's, and infants' clothing industry.
20. Defendant offers women's, children's, and infants' products, specifically
women's, children's, and infants' clothing at least in the States of New York and
California.
21. Upon information and belief, at least since the issuance of the Patent (May
22, 2012), Defendant has been manufacturing, selling, and distributing products that
infringe the Patent in at least the states of New York and California.


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22. Defendant lacked any authorization or permission to manufacture, sell,
and/or distribute articles of clothing covered by the Patent.
23. Defendant's conduct constitutes willful patent infringement in violation of
35 U.S.C. 271.
COUNT II
Unfair Comtpetition under Common Law
24. Plaintiff repeats and re-alleges the statements and allegations set forth in
paragraphs 1-12, 24-27, and 19-23 above, and incorporates them herein.
25. Defendant manufactures, sells, and distributes articles of clothing under
the trademarks, Dragon Jammin' Jaws, Shark Jammin' Jaws, Crocodile Jammin' Jaws,
T-Rex Jammin' Jaws, and Bear Jammin' Jaws, at least in the States of New York ad
California in violation of the Patent.
26. Defendant's manufacturing, selling, and distributing of articles of clothing
covered by the Patent in at least the States of New York and California constitute unfair
competition under the common law.
COUNT III
Common Law Misappropriation
27. Plaintiff repeats and re-alleges the statements and allegations set forth in
paragraphs 1-12, 24-27, 19-23, and 25-26 above, and incorporates them herein.
28. Plaintiff has expended considerable money to research, develop, and
patent articles of clothing covered by the Patent.
29. Defendant has not incurred expenses toward the funding of Plaintiff's
patented articles of clothing.
30. Defendant is free-riding off Plaintiff's efforts and investment.


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31. Plaintiff is damaged by Defendant's misappropriation of Plaintiff's patented
articles of clothing.

WHEREFORE, Plaintiff prays:
a) For a judgment that Defendant willfully infringes the Patent under 35
U.S.C. 271;
b) For a judgment that Defendant has engaged in unfair competition;
c) For a judgment that Defendant has engaged in unfair competition and
misappropriation New York common law;
d) This Court preliminarily and permanently enjoin Defendant from patent
infringement and unfair competition;
e) This Court award treble Plaintiff's damages, Defendant's profits, Plaintiff's
costs, and Plaintiff's attorney fees under 15 U.S.C. 1117(a) and Fed. R. Civ. P. 54;
f) This Court preliminarily and permanently enjoin Defendant from
manufacturing, selling, and distributing articles of clothing covered by the Patent in any
form whatsoever, throughout the United States and its Territories;
g) This Court preliminarily and permanently enjoin Defendant from
marketing, distributing, selling, offering for sale, listing in catalogs, displaying in public or
on websites, or advertising any product covered by the Patent or any colorable imitation
thereof,
h) This Court preliminarily and permanently enjoin Defendant from using or
causing to be used any and all signs, labels, packages, catalogs, and advertising or
promotional materials referring to articles of clothing covered by the Patent and from


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manufacturing, marketing, distributing, selling, or offering for sale, listing in catalogs,
displaying in public or on websites, or advertising any product covered by the Patent or
any colorable imitation thereof,
i) This Court award interest on Plaintiff's damages; and
j) This Court grant such other relief as this Count deems just and
appropriate.

JURY DEMAND
Plaintiff demands a trial by jury on all issues properly tried to a jury.

Dated: February 26, 2014 Respectfully submitted by:



Mark Levy, Esq.
Federal Bar Roll No.: 301451
HNMAN, HOWARD & KATTELL, LLP
Attorneys for Plaintiff
700 Security Mutual Building
80 Exchange Street
P.O. Box 5250
Binghamton, NY 13902-5250
Telephone: (607) 723-5341