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13
JOBAR INTERNATIONAL, INC.; Case No. 2:17-cv-07441
655 N Central Ave
14 DREAM PRODUCTS
INCORPORATED; SUPPORT PLUS COMPLAINT FOR:
Suite 2300
13 PARTIES
655 N Central Ave
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13 judicial proceeding.
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13 Products, Support Plus, and NextEra Media and Pulse Direct, which are each
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1 16. Defendant purports to own U.S. Design Patent No. D785,767, titled
2 Tub Drain Hair Collector (the Asserted Design Patent).
3 17. Defendant also purports to own visual material Copyright
4 Registration Nos. (i) VAu001283876, titled Tub Shroom Collateral 2016;
5 (ii) VAu001263568, titled TubShroom; and (iii) VAu001283873, titled
6 SinkShroom Collateral 2016 (collectively, the Asserted Copyrights).
7 18. Defendant further purports to own (i) Trademark Registration No.
8 4,972,762 for the standard character mark TubShroom for strainers for plumbing
9 drains in International Class 11; (ii) Reg. No. 5,179,859 for the standard character
10 mark SinkShroom for strainers for plumbing drains; plumbing fittings, namely,
11 sink strainers; [and] plumbing supplies, namely sink strainers in International
12 Class 11; and (iii) Reg. No. 5,179,860 for the standard character mark
Glendale, CA 91203-1445
15 Class 11.
16 19. Defendant additionally purports to own common law trademark rights
17 to the following depicted logos for TubShroom, SinkShroom, and
18 ShowerShroom, each containing design and word elements. Collectively, the
19 trademark registrations identified above and the alleged common law trademark
20 rights for the logos in this Paragraph will be referred to as the Asserted
21 Trademarks.
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14 27. Neither Plaintiffs nor their products, including the Softee Sink
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1 Patent and Trademark Office (the USPTO). The Utility Patent Application
2 depicts nearly identical images as in the Asserted Design Patent. In addition, the
3 Utility Patent Application describes and claims the overall look of the design in
4 functional terms. For example, claim 16 of the currently pending claims in the
5 Utility Patent Application is directed to a hair straining device for a drain
6 comprising a cylindrical central element comprising a cylindrical sidewall, a
7 hollow core, and a top wall, the sidewall forming the hollow core, the sidewall
8 comprising at least one water inlet sidewall opening extending through the sidewall
9 configured to allow water to enter the hollow core, the top wall mounted to a top
10 end of the sidewall and providing an at least partial boundary to the top end of the
11 hollow, the top wall is transverse to the sidewall, and a bottom shelf element
12 connected to a bottom end of the cylindrical sidewall and extending radially
Glendale, CA 91203-1445
13 outward from the cylindrical side wall, the bottom shelf element configured to
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14 engage a drain wall of the drain and to space the sidewall from the drain wall, the
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15 bottom shelf element comprising at least one bottom drain opening extending
16 through the bottom shelf element, wherein the cylindrical sidewall provides a
17 circular water flow path about the central element between the sidewall and the
18 drain wall terminating at the bottom shelf element such that hair tends to wrap
19 around the central element as it accumulates and the at least one sidewall opening
20 and the at least one bottom opening sized and positioned to substantially prevent
21 hair from flowing therethrough.
22 30. In addition, Defendant and its predecessors-in-interest have touted the
23 allegedly numerous functional aspects of the design of the Asserted Design Patent.
24 For example, Defendant describes its design as a revolution in drain protection
25 and that it simply works better than the alternatives that are out there. In
26 addition, the Kickstarter campaign for the design of the Asserted Design Patent
27 describes that [u]nlike traditional strainers that go over the drain, TubShroom is
28 designed to go directly inside the drain opening and that the hair is being
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1 wrapped around the mid-cylinder, while the water still flows freely through
2 multiple holes strategically located throughout the unit. Defendants website
3 similarly describes that the design is functional, stating that TubShroom fits any
4 standard shower bathtub drain with a snug fit. The unique mushroom-like shape
5 allows for maximum water flow so you can keep on showering. Hair collects
6 neatly inside the drain around the bottom lip--completely out of sight--until you're
7 ready to clean it off. Defendant states that the design fits 1.5" bath tub drains
8 (and soon 1.75" drains as well!) like a glove and catches every hair out of sight
9 without disrupting the flow of water. Clean up is a breeze with a simple swipe of
10 the hair with a paper towel every few weeks. Defendant describes that its patent-
11 pending designs are the product of extensive testing and refinement.
12 31. During prosecution of the Asserted Design Patent and the Utility
Glendale, CA 91203-1445
13 Patent Application, prior art patents and publications were cited or identified that
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14 bear a strong resemblance to the design claimed in the Asserted Design Patent.
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15 This and other pieces of prior art are much closer in overall appearance to the
16 design claimed in the Asserted Design Patent than the allegedly infringing strainers
17 cited in Defendants drafted complaint. Based on Defendants position that the
18 Softee Sink Strainers and Softee Tub Strainers infringe the Asserted Design Patent,
19 the Asserted Design Patent would be invalid for anticipation and/or obviousness
20 over the prior art, including the art cited or identified during the prosecution history
21 of the Asserted Design Patent and the Utility Patent Application.
22 32. An actual controversy exists between Plaintiffs and Defendant as to
23 whether any of Plaintiffs products infringe any alleged rights Defendant may have
24 in the Asserted Design Patent. Defendant contends that Plaintiffs infringe the
25 Asserted Design Patent and have threatened to file suit on such claims. Plaintiffs
26 deny that contention, and contend that they are entitled to manufacture and sell their
27 products and services without any interference by Defendant.
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1 33. Plaintiffs are entitled to, and seek at this time, a judicial declaration
2 that Plaintiffs and their products do not infringe any valid claims of the Asserted
3 Design Patent.
4
5 SECOND CLAIM FOR RELIEF
6 (By All Plaintiffs - Declaratory Judgment of Non-Infringement
7 of the Asserted Copyrights)
8 34. Plaintiffs reallege and incorporate by reference the foregoing
9 paragraphs as though fully set forth herein.
10 35. Neither Plaintiffs nor their products, including the Softee Sink
11 Strainers and Softee Tub Strainers, directly infringe, contributorily infringement, or
12 actively induce others to infringe any purported rights in the Asserted Copyrights.
Glendale, CA 91203-1445
13 Plaintiffs are not liable in any respect for any infringement of the Asserted
655 N Central Ave
14 Copyrights by anyone.
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13 that Plaintiffs and their products do not infringe any purported rights in the
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14 Asserted Trademarks.
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1 46. Plaintiffs are entitled to, and seek at this time, a judicial declaration
2 that Plaintiffs have not engaged in any unfair competition.
3 FIFTH CLAIM FOR RELIEF
4 (By All Plaintiffs - Unfair Competition
5 under California Bus. & Profs. Code 17200)
6 47. Plaintiffs reallege and incorporate by reference the foregoing
7 paragraphs as though fully set forth herein.
8 48. Defendants false allegations of infringement as alleged above
9 constitutes an unfair trade practice in violation of Business & Professions Code
10 Section 17200. Defendants actions are unlawful, unfair, and Defendants have
11 made false statements and false allegations. Defendants actions are done with an
12 intent to unfairly compete with Plaintiffs.
Glendale, CA 91203-1445
13 49. For example, on information and belief, Defendant has made false
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1 thus knows that no reasonable litigant would expect to succeed on its claim that
2 Plaintiffs infringe these standard character marks. Accordingly, Defendant has
3 intentionally and in bad faith committed acts of unfair competition against
4 Plaintiffs.
5 50. Unless Defendant is restrained, Defendant will continue to disrupt
6 Plaintiffs businesses and business relationships, causing irreparable injury and
7 damages to business reputation and goodwill.
8 51. Because of Defendants acts complained of herein, Plaintiffs have
9 been actually damaged and suffered irreparable harm, and will continue to suffer
10 irreparable harm, and Defendant have been unjustly enriched and will continue to
11 be unjustly enriched, which damage, irreparable harm and unjust enrichment will
12 continue until enjoined by order of this Court.
Glendale, CA 91203-1445
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1 elsewhere, through wrongfully alleging that use and sale of Jobars products
2 constitutes infringement of Defendants purported intellectual property. Defendant
3 intended to disrupt the relationships between Plaintiffs and their vendors, business
4 partners, and customers, and knew the disruption was substantially certain to occur.
5 Defendants conduct has disrupted the business relationships of the Plaintiffs and
6 Plaintiffs as a result have suffered harm to their business, including loss of sales
7 and loss of goodwill.
8 The interference by Defendant was done intentionally, willfully and in
9 conscious disregard of Plaintiffs rights, and therefore Plaintiffs are entitled to
10 exemplary or punitive damages in an amount appropriate to punish Defendant.
11 Defendant knew that its products were primarily functional, and has been and
12 currently seeks utility patent protection for the overall design shown in the Asserted
Glendale, CA 91203-1445
13 Design Patent. Defendant also knew that the prior art cited and identified during
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14 prosecution of the Asserted Design Patent and the Utility Patent Application is far
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15 7. Punitive damages;
16 8. An award of treble damages to Plaintiffs under 15 U.S.C. 15;
17 9. An award to Plaintiffs for its attorneys fees and costs of suit; and
18 10. Any additional relief that the Court deems proper.
19
20 Dated: October 11, 2017 Respectfully submitted,
21 LEWIS ROCA ROTHGERBER
CHRISTIE LLP
22
23 By: /s/G. Warren Bleeker
G. Warren Bleeker
24
Attorneys for Plaintiffs
25 JOBAR INTERNATIONAL, INC.
DREAM PRODUCTS, INCORPORATED
26 SUPPORT PLUS HOLDINGS, INC. and
PENN L.L.C.
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Glendale, CA 91203-1445
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655 N Central Ave
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Exhibit A
Case 2:17-cv-07441 Document 1-1 Filed 10/11/17 Page 2 of 26 Page ID #:18
www.gandb.com
3501 Bonita Bay Blvd. Tel.: (239) 330-9000
Bonita Springs, Florida 34134 Fax: (239) 301-2215
October 5, 2017
Via E-Mail
For the reasons previously discussed in our correspondence, Juka Innovations has the right to
demand that Jobar International:
(i) cease and desist any and all sales of its infringing strainers;
(ii) remove all offers to sell its infringing strainers from websites and/or retailers
through which its infringing strainers are currently being sold and/or offered
for sale;
(iii) provide a list of any and all customers to whom its infringing strainers have
been sold; and
(a) all sales of its infringing strainers (including the date of such sales);
and
Notwithstanding, we have been instructed by Juka to reach out to Jobar one last time to explore
the possibility of an amicable business solution to resolve this dispute.
If Jobar has any interest in trying to pursue the possibility of an amicable business solution to
resolve this dispute, we must hear from you by close of business on Thursday, October 12, 2017, failing
at which we will proceed with filing the attached complaint.
For the record, inasmuch as retailers who carry the Jobar infringing strainers are also liable, we
are copying them on this letter to separately inquire as to whether they are interested in trying to pursue
the possibility of an amicable business solution to resolve this dispute as to them. If so, we call upon
them to contact us by close of business on Thursday, October 12, 2017, failing at which we will proceed
with filing the attached complaint in which they are included as defendants in the lawsuit, as reflected by
the attached complaint.
This letter is for settlement purposes only and is without prejudice to the rights of Juka
Innovations, all of which are expressly reserved.
Exhibit A
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__________________________________________
Defendants.
__________________________________________
Plaintiff Juka Innovations Corporation (hereinafter JUKA), for its Complaint against: (i)
Defendant Jobar International, Inc. (JOBAR); and (ii) Defendants Dream Products Inc., Support
Plus Holdings, Inc., Nextera Media LLC (aka Penn LLC) DBA PulseTV, and Pulse Direct, Inc.
(on information and belief acting as the manager of Nextera Media LLC (aka Penn LLC) DBA
INTRODUCTION
(i) patent infringement arising under the Patent Laws of the United States, 35
(ii) copyright infringement arising under the Copyright Laws of the United States,
(iii) trademark infringement arising under the Trademark Laws of the United States,
Exhibit A
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(iv) unfair competition arising under the Trademark Laws of the United States, 15
U.S.C. 1125(a);
(v) common law trademark infringement under the laws of the State of New York
including, inter alia, N.Y. Gen. Bus. Law 360 et seq.; and
(vi) common law unfair competition under the laws of the State of New York
including, inter alia, N.Y. Gen. Bus. Law 349 and 360-l.
2. JUKA owns exclusive rights in the ornamental design (the Design) claimed in
United States Design Patent No. D785,767 entitled Tub Drain Hair Collector (hereinafter the
JUKA Patent). A copy of U.S. Pat. No. D785,767 is attached hereto as Exhibit A.
3. JUKA owns exclusive rights in the visual material (collectively the Visual
Material) claimed in the following United States Copyright Registrations: Reg. No.
TubShroom; and Reg. No. VAu001283873 entitled SinkShroom Collateral 2016 (collectively,
the JUKA Copyrights) Copies of these three (3) U.S. Copyright Registrations are attached hereto
as Exhibit B.
4. JUKA owns the exclusive rights embodied in the following United States
Trademark Registrations: Reg. No. 4972762 for TUBSHROOM in Class 11 covering Strainers
for plumbing drains; Reg. No. 5179859 for SINKSHROOM in Class 11 covering Strainers
for plumbing drains; Plumbing fittings, namely, sink strainers; Plumbing supplies, namely, sink
strainers; and Reg. No. 5179860 for SHOWERSHROOM in Class 11 covering Strainers for
plumbing drains; Plumbing fittings, namely, sink strainers; Plumbing supplies, namely, sink
Exhibit A
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strainers1 (collectively, the Federal Trademarks). Copies of these (3) U.S. Trademark
5. JUKA has also developed extensive common law trademark rights in the distinctive
MUSHROOM shape and branding of its products through, inter alia, the use of the following
logos:
(collectively, the Common Law Trademarks) (collectively, JUKAs Federal Trademarks and
6. JOBAR has used and continues to use the Design without JUKAs permission, in
violation of 35 U.S.C. 101 et seq., on sink and tub strainers that JOBAR makes, uses, offers for
7. JOBAR has used and continues to use the Visual Material without JUKAs
permission, in violation of 17 U.S.C. 101 et seq., on sink and tub strainers that JOBAR makes,
uses, offers for sale, sells, and/or imports into the United States.
8. JOBAR has used and continues to use the JUKA Trademarks without JUKAs
permission, in violation of 15 U.S.C. 1051 et seq., on sink and tub strainers that JOBAR makes,
uses, offers for sale, sells, and/or imports into the United States.
of 15 U.S.C. 1125(a) with respect to sink and tub strainers that JOBAR makes, uses, offers for
1
Juka also owns, inter alia, a pending U.S. Trademark application for STOPSHROOM in Class 21 covering Drain
plugs for plumbing drains; water stoppers for plumbing drains.
Exhibit A
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10. JOBAR has used and continues to use the JUKA Trademarks without JUKAs
permission, in violation of the laws of the State of New York including, inter alia, N.Y. Gen. Bus.
Law 360 et seq., on sink and tub strainers that JOBAR makes, uses, offers for sale, sells, and/or
11. JOBAR has engaged in and continues to engage in unfair competition in violation
of N.Y. Gen. Bus. Law 349 and 360-l with respect to sink and tub strainers that JOBAR makes,
uses, offers for sale, sells, and/or transports in commerce in the State of New York.
12. RETAILERS have sold and continue to sell sink and tub strainers in the United
13. RETAILERS have sold and continue to sell sink and tub strainers in the United
14. RETAILERS have sold and continue to sell sink and tub strainers in the United
15. JUKA seeks, among other relief, an injunction preventing JOBAR and
RETAILERS from further infringing the JUKA Patent, JUKA Copyrights and JUKA Trademarks,
for recovery of its damages and/or a disgorgement of JOBARs and RETAILERS profits from
their infringement. JUKA further seeks, among other relief, an injunction preventing JOBAR from
further unfairly competing against JUKA, and for recover of its damages and/or a disgorgement
THE PARTIES
16. Plaintiff JUKA is a corporation organized and existing under the laws of the State
of New York with a principal place of business at 707 Broadhollow Rd., Ste 22, Farmingdale, NY
Exhibit A
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11735.
existing under the laws of the State of California with a principal place of business at 21022
corporation having a principal place of business at 412 Dream Lane, Van Nuys, CA 91496.
19. On information and belief, Defendant Support Plus Holdings, Inc., is an Ohio
Corporation having a principal place of business at 5581 Hudson Industrial Pkwy, PO Box 2599,
20. On information and belief, Defendant Nextera Media LLC (AKA Penn LLC) DBA
PulseTV is a Delaware Corporation having a principal place of business at 7851 185TH ST,
#106, Tinley Park, IL 60477 and is managed by Defendant Pulse Direct, Inc., an Illinois
Corporation having a principal place of business at 7851 185th St., #106, Tinley Park, IL 60477.
21. This is a civil action for Federal patent infringement (35 U.S.C. 101 et seq.),
copyright infringement (17 U.S.C. 101); trademark infringement (15 U.S.C. 1051), and unfair
competition (15 U.S.C. 1125(a)) and New York State common law trademark infringement
(N.Y. Gen. Bus. Law 360 et seq.) and common law unfair competition (N.Y. Gen. Bus. Law
22. This Court has subject matter jurisdiction over this action pursuant to 15 U.S.C.
23. This Court has personal jurisdiction over JOBAR at least because JOBAR transacts
and solicits business in the State of New York, including with respect to sink and tub strainers that
Exhibit A
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infringe the JUKA Patent, JUKA Copyrights and JUKA Trademarks, and because JOBAR is
committing and has committed acts of patent infringement, copyright infringement, trademark
infringement and unfair competition in the State of New York, at least by selling and offering to
sell sink and tub strainers that infringe the JUKA Patent, JUKA Copyrights and JUKA Trademarks
24. This Court has personal jurisdiction over Defendant Dream Products Inc., at least
because Defendant Dream Products Inc., transacts and solicits business in the State of New York,
including with respect to sink and tub strainers that infringe the JUKA Patent, the JUKA
Copyrights, and the JUKA Trademarks and because Defendant Dream Products Inc. is committing
and has committed acts of patent infringement, copyright infringement and trademark
infringement in the State of New York, at least by selling and offering to sell sink and tub strainers
that infringe the JUKA Patent, JUKA Copyrights and the JUKA Trademarks.
25. This Court has personal jurisdiction over Defendant Support Plus Holdings, Inc., at
least because Defendant Dream Products Inc., transacts and solicits business in the State of New
York, including with respect to sink and tub strainers that infringe the JUKA Patent, the JUKA
Copyrights and the JUKA Trademarks, and because Defendant Support Plus Holdings, Inc. is
committing and has committed acts of patent infringement, copyright infringement and trademark
infringement in the State of New York, at least by selling and offering to sell sink and tub strainers
that infringe the JUKA Patent, the JUKA Copyrights and the JUKA Trademarks.
26. This Court has personal jurisdiction over Defendant Nextera Media LLC (AKA
Penn LLC) DBA PulseTV as well as, on information and belief, Nextera Media LLCs manager,
Pulse Direct, Inc. (collectively PULSETV) at least because Defendants PULSETV transact and
solicit business in the State of New York, including with respect to sink and tub strainers that
Exhibit A
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infringe the JUKA Patent, the JUKA Copyrights and the JUKA Trademarks, and because
Defendants PULSETV are committing and have committed acts of patent infringement, copyright
infringement and trademark infringement in the State of New York, at least by selling and offering
to sell sink and tub strainers that infringe the JUKA Patent, the JUKA Copyrights and the JUKA
Trademarks.
27. Venue is proper in this judicial district under 28 U.S.C. 1391 and 1400 at least
because: (i) JOBAR and RETAILERS reside in this district by transacting and soliciting business
in this district, including with respect to sink and tub strainers that infringe the JUKA Patent, JUKA
Copyrights and JUKA Trademarks; and (ii) JOBAR and RETAILERS reside in this district by
and unfair competition and New York State trademark infringement and unfair competition in this
district by selling and offering to sell sink and tub strainers that infringe the JUKA Patent, JUKA
Copyrights, JUKA Trademarks and which otherwise unfairly compete against JUKAs products.
FACTUAL ALLEGATIONS
28. JUKA has designed, developed, made, and sold a variety of sink, tub and shower
strainers.
KICKSTARTER campaign was wildly successful raising $59,267, i.e., nearly five (5) times
the original goal. A printout from the KICKSTARTER website discussing this campaign is
Exhibit A
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raised a total of over $200,000 in pre-orders. Clearly, the market had spoken, and there was high
32. JUKAs products have received widespread praise through such media outlets as
Tech Insider, BuzzFeed, Slate, Glamour Magazine, USA Today and many others. Some collected
examples of positive publicity surrounding JUKAs products are attached hereto as Exhibit E.
33. Recognizing the counterfeiting challenges that the little guy often faces after
developing a commercially successful product, JUKA has taken steps to protect its innovative
(i) various United States design patents relating to its Design. Relevant to this dispute,
JUKA owns all right, title, and interest in, and has the right to sue and recover for
past, present, and future infringement of, the JUKA Patent identified above from
May 2, 2017 the date such patent duly and legally issued to JUKA;
(ii) various United States copyright registrations relating to the Visual Material.
Relevant to this dispute, JUKA owns all right, title, and interest in, and has the right
to sue and recover for past, present, and future infringement of, the JUKA
Copyrights identified above from at least as early as the date such copyright
(b) August 23, 2016 with respect to Copyright Reg. No. VAu001263568; and
and
Exhibit A
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(a) the JUKA Federal Trademarks identified above from at least as early as the
date such trademark registrations duly and legally issued to JUKA, namely:
(1) June 7, 2016 with respect to Trademark Reg. No. 4972762 for
TUBSHROOM;
(2) April 11, 2017 with respect to Trademark Reg. No. 5179859 for
SINKSHROOM; and
(3) April 11, 2017 with respect to Trademark Reg. No. 5179860 for
SHOWERSHROOM;
and
34. The JUKA Patent, JUKA Copyrights and JUKA Federal Trademarks are presumed
to be valid.
35. As JUKA anticipated, third party infringers have, unfortunately, came out of the
36. Incredibly, in the short time since JUKA has been selling its innovative products,
JUKA has successfully pursued over one thousand (1000) takedown notices / cease and desist
letters against numerous third parties (including various Amazon and eBay resellers). Most
notably, JUKA has been successful in stopping third party infringement by Ontel Products
Corporation, Creative Concepts Manufacturing Limited and Groupon, Inc. Example photographs
of various infringing products in connection with which JUKA has successfully enforced its rights
Exhibit A
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are attached hereto as Exhibit F. In other words, numerous third parties tried to capitalize on
JUKAs unique products, but quickly stopped and recognized JUKAs intellectual property rights
37. On information and belief, JOBAR is a large multinational company with offices
in the U.S., Europe and Hong Kong. According to JOBARs website, JOBARs current product
catalog includes over 700 items, with 100 new product additions annually.2
38. Without JUKAs authorization, JOBAR made, used, offered for sale, sold, and/or
imported into the United States sink and tub strainers (hereafter, the Infringing Strainers) that
violate the JUKA Patent. The Infringing Strainers include at least products identified by the model
names Softee Sink Strainers and Softee Tub Strainers as shown below:
39. The overall appearance of the Design of the JUKA products covered by the JUKA
Patent and the corresponding designs of JOBARs Infringing Strainers are substantially the same.
2
See: http://www.jobar.com/about-us/. A printout of this webpage is attached hereto as Exhibit G.
Exhibit A
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40. An ordinary observer will perceive the overall appearance of the Design covered
by the JUKA Patent and the corresponding designs of JOBARs Infringing Strainers to be
41. Table 1 below illustrates JOBARs infringement by comparing figures from the
JUKA Patent with exemplary images of both the Softee Sink Strainers and Softee Tub
Strainers.
Fig. 1
Fig. 2
Exhibit A
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Fig. 3
Fig. 4
Exhibit A
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Fig. 5
Fig. 6
Exhibit A
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Fig. 7
Fig. 8
42. On information and belief, JOBAR intended to copy the Design covered by the
JUKA Patent.
43. On information and belief, JOBAR sells and offers to sell its Infringing Strainers,
to end-user customers through third-party resellers who distribute Infringing Strainers throughout
the United States, including in New York (as discussed more fully below).
44. On information and belief, JOBAR has infringed and continues to infringe the
Exhibit A
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JUKA Patent within the meaning of 35 U.S.C. 271 at least by making, using, selling, offering to
sell, and/or importing the Infringing Strainers into the United States without JUKAs authorization.
45. Without JUKAs authorization, JOBAR made, used, offered for sale, sold, and/or
imported into the United States the Infringing Strainers which violate the JUKA Copyrights.
46. On information and belief, JOBAR copied the Visual Material in creating the
Infringing Strainers.
47. JOBARs Infringing Strainers are substantially similar to the Visual Materials
48. JOBAR has infringed and continues to infringe the JUKA Copyrights within the
meaning of 17 U.S.C. 101 et seq. at least by making, using, selling, offering to sell, and/or
importing the Infringing Strainers into the United States without JUKAs authorization.
connection with its products. JUKA has done this, inter alia, by:
(i) consistently using the word-formative SHROOM in connection with its product
names;
(ii) obtaining Federal Trademark Registrations over relevant goods for the words
(iii) filing a Federal Trademark Application over relevant goods for the word
Exhibit A
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(v) using the Common Law Trademarks shown below (which self-evidently include a
stylized Mushroom Cap trademark and separate end emphasize the word
formative SHROOM):
50. JOBARs Infringing Strainers are likely to cause confusion, or to cause mistake or
to deceive with the JUKA Trademarks in violation of 15 U.S.C. 1114 and N.Y. Gen. Bus. Law
360-k.
51. JOBAR has infringed and continues to infringe the JUKA Trademarks: (i) within
the meaning of 15 U.S.C. 1114 at least by making, using, selling, offering to sell, and/or
importing the Infringing Strainers into the United States; and (ii) within the meaning of N.Y. Gen.
Bus. Law 360-k by making, using, selling, offering to sell, and/or transporting in commerce in
52. JOBARs conduct is likely to cause confusion, mistake or deception as to: (i) the
affiliation, connection or association of JOBARs Infringing Strainers and JUKA; and (ii) the
origin, sponsorship or approval of JOBAR and the Infringing Strainers by JUKA; in violation of:
(ii) the laws of the State of New York including, inter alia, N.Y. Gen. Bus. Law 349
and 360-l.
53. Through an online search, JUKAs agents discovered that Infringing Strainers were
being offered for sale through the www.dreamproducts.com website operated by Defendant Dream
Products Inc. A printout of the www.dreamproducts.com website showing this offer for sale is
54. On August 29, 2017, JUKAs agents conducted test buys of Infringing Strainers
from Defendant Dream Products Inc. A copy of the e-mail receipt confirming such order is
attached hereto as Exhibit I. This test buy order was shipped to JUKAs agents in New York. Upon
receipt, JUKAs agents confirmed that this order contained Infringing Strainers manufactured by
JOBAR.
55. Through an online search, JUKAs agents discovered that Infringing Strainers were
being offered for sale through the www.supportplus.com website operated by Defendant Support
Plus Holdings, Inc. A printout of the www.supportplus.com website showing this offer for sale is
56. On June 12, 2017, JUKAs agents conducted test buys of Infringing Strainers
from Defendant Support Plus Holdings, Inc. A copy of the e-mail receipt confirming such order is
attached hereto as Exhibit K. This test buy order was shipped to JUKAs agents in New York.
Upon receipt, JUKAs agents confirmed that this order contained Infringing Strainers
manufactured by JOBAR.
57. Through an online search, JUKAs agents discovered that Infringing Strainers were
being offered for sale through the www.pulsetv.com website operated by Defendants PULSETV.
A printout of the www.pulsetv.com website showing this offer for sale is attached hereto as Exhibit
L.
58. On August 29, 2017, JUKAs agents conducted test buys of Infringing Strainers
Exhibit A
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from Defendants PULSETV. A copy of the e-mail receipt confirming such order is attached hereto
as Exhibit M. This test buy order was shipped to JUKAs agents in New York. Upon receipt,
JUKAs agents confirmed that this order contained Infringing Strainers manufactured by JOBAR.
59. On information and belief, RETAILERS have infringed and continue to infringe:
(ii) the JUKA Copyrights within the meaning of 17 U.S.C. 501; and
(iii) the JUKA Trademarks within the meaning of 15 U.S.C. 1114 and N.Y. Gen. Bus.
Law 360-k;
at least by making, using, selling, offering to sell, and/or importing the Infringing Strainers into
Count I
(As to All Defendants Infringement Under 35 U.S.C. 271 of the JUKA Patents)
60. JUKA re-alleges and incorporates by reference the allegations set forth in
61. JOBAR and RETAILERS, without authorization from JUKA, have made, used,
offered for sale, sold, and/or imported in or into the United States, and continue to make, use, offer
for sale, sell, and/or import in or into the United States, sink and tub strainers that infringe the
JUKA Patent.
62. JUKA has been and will continue to be irreparably harmed by the infringement of
Count II
(As to All Defendants Infringement Under 17 U.S.C. 501 of the JUKA Copyrights)
63. JUKA re-alleges and incorporates by reference the allegations set forth in
Exhibit A
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64. JOBAR and RETAILERS, without authorization from JUKA, have made, used,
offered for sale, sold, and/or imported in or into the United States, and continue to make, use, offer
for sale, sell, and/or import in or into the United States, sink and tub strainers that infringe the
JUKA Copyrights.
65. JUKA has been and will continue to be irreparably harmed by the infringement of
Count III
(As to All Defendants Infringement Under 15 U.S.C. 1114 of the JUKA Trademarks)
66. JUKA re-alleges and incorporates by reference the allegations set forth in
67. JOBAR and RETAILERS, without authorization from JUKA, have made, used,
offered for sale, sold, and/or imported in or into the United States, and continue to make, use, offer
for sale, sell, and/or import in or into the United States, sink and tub strainers that infringe the
JUKA Trademarks.
68. JUKA has been and will continue to be irreparably harmed by the infringement of
Count IV
69. JUKA re-alleges and incorporates by reference the allegations set forth in
70. JOBAR has deliberately and willfully attempted to trade on JUKAs hard-earned
goodwill in the JUKA Trademarks as well as JUKAs reputation for quality products in order to
Exhibit A
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confuse consumers as to the origin and sponsorship of the Infringing Strainers and, thus, to pass
71. The conduct of JOBAR is likely to cause confusion, mistake or deception as to: (i)
the affiliation, connection or association of the Infringing Strainers and JOBAR with JUKA; and
(ii) the origin, sponsorship or approval of JOBAR and the Infringing Strainers by JUKA; in
Count V
(As to All Defendants Infringement Under N.Y. Gen. Bus. Law 360-k of the JUKA
Trademarks)
72. JUKA re-alleges and incorporates by reference the allegations set forth in
73. JOBAR and RETAILERS, without authorization from JUKA, have made, used,
offered for sale, sold, and/or transported in commerce in the State of New York, and continue to
make, use, offer for sale, sell, and/or transports in commerce in the State of New York, sink and
74. JOBAR acted with the intent to cause confusion or mistake or to deceive with
75. JUKA has been and will continue to be irreparably harmed by the infringement of
Count VI
(As to JOBAR Only Unfair Competition Under N.Y. Gen. Bus. Law 349 and 360-l)
76. JUKA re-alleges and incorporates by reference the allegations set forth in
Exhibit A
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77. JOBAR has deliberately and willfully attempted to trade on JUKAs hard-earned
goodwill in the JUKA Trademarks as well as JUKAs reputation for quality products in order to
confuse consumers as to the origin and sponsorship of the Infringing Strainers and, thus, to pass
78. The conduct of JOBAR is likely to cause confusion, mistake or deception as to: (i)
the affiliation, connection or association of the Infringing Strainers and JOBAR with JUKA; and
(ii) the origin, sponsorship or approval of JOBAR and the Infringing Strainers by JUKA; in
violation of the laws of the State of New York including, inter alia, N.Y. Gen. Bus. Law 349
and 360-l.
WHEREFORE, JUKA respectfully requests that the Court grant the following relief:
concert with JOBAR and/or RETAILERS, from infringing the JUKA Patent;
concert with JOBAR and/or RETAILERS, from infringing the JUKA Copyrights;
concert with JOBAR and/or RETAILERS, from infringing the JUKA Trademarks;
8. A permanent injunction enjoining JOBAR and all persons acting in concert with
9. A judgment and order requiring JOBAR and RETAILERS to pay JUKA all
Exhibit A
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damages caused by JOBARs and RETAILERS infringement of the JUKA Patent (but in no event
less than a reasonable royalty) pursuant to 35 U.S.C. 284, or the total profit made by JOBAR
from its infringement of each of the JUKA Patents pursuant to 35 U.S.C. 289;
10. A judgment and order requiring JOBAR and RETAILERS to pay JUKA
supplemental damages or profits for any continuing post-verdict infringement up until entry of the
11. A judgment and order requiring JOBAR and RETAILERS to pay JUKA increased
patent damages up to three times the amount found or assessed pursuant to 35 U.S.C. 284;
12. A judgment and order requiring JOBAR and RETAILERS to pay JUKA statutory
13. A judgment and order requiring JOBAR and RETAILERS to pay JUKA pre-
14. A judgment and order requiring JOBAR and RETAILERS to pay JUKA: (i)
JOBARs and RETAILERS profits; (ii) any damages sustained by JUKA; and (iii) the costs of
15. A judgment and order requiring JOBAR and RETAILERS to pay JUKA all profits
derived from the manufacture, use, display or sale of Infringing Strainers in New York and/or all
damages suffered by JUKA by reason of the manufacture, use, display or sale of the Infringing
16. A determination that this action is an exceptional case pursuant to 35 U.S.C. 285;
17. A determination that this action is an exceptional case pursuant to 15 U.S.C. 1117;
18. A determination that JOBAR acted with the intent to cause confusion or mistake or
Exhibit A
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19. A determination that JOBAR and/or RETAILERS infringed the JUKA Trademarks
with knowledge or in bad faith within the meaning of N.Y. Gen. Bus. Law 360-m;
20. An award of JUKAs attorneys fees for bringing and prosecuting this action
21. An award of treble profits and damages and/or reasonable attorneys fees to JUKA
from JOBAR and/or RETAILERS pursuant to N.Y. Gen. Bus. Law 360-m;
22. An award of JUKAs costs and expenses incurred in bringing and prosecuting this
action; and
23. Such further and additional relief as this Court deems just and proper.
DATED: ____________
GRIMES LLC
Exhibit A
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