Juka Innovations v. TinyDeal Trading - Complaint

Case 2:18-cv-00084 Document 1 Filed 01/05/18 Page 1 of 44 PageID #: 1
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK
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:
JUKA INNOVATIONS CORPORATION, : Civil Action No.: 2:18-cv-84
:
Plaintiff, :
: COMPLAINT
v. :
:
TINYDEAL TRADING LIMITED, a foreign :
corporation; FASTLINK GLOBAL, INC., a : January 5, 2018
domestic corporation; HEG US INC. d/b/a :
SERVERLOFT a domestic corporation; and :
JOHN DOES #1-10, unknown persons, : Jury Trial Demanded
:
Defendants. :
:
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COMPLAINT FOR COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT,

COUNTERFEITING, UNFAIR COMPETITION & PATENT INFRINGEMENT
Plaintiff Juka Innovations Corporation (hereinafter “Juka”), for its Complaint against: (i)
TinyDeal Trading Limited, a foreign corporation (hereinafter “Tinydeal”); (ii) Fastlink Global,
Inc., a domestic corporation (hereinafter “Fastlink Global”); (iii) HEG US INC. d/b/a
SERVERLOFT, a domestic corporation (hereinafter “Serverloft”); and (iv) John Does # 1-10;
(collectively, “Defendants”) alleges as follows:
INTRODUCTION
1. This is an action for:
(i) copyright infringement arising under the Copyright Laws of the United
States, 17 U.S.C. § 101 et seq.;
(ii) trademark infringement arising under the Trademark Laws of the United
States, 15 U.S.C. § 1051 et seq.;
(iii) counterfeiting arising under 15 U.S.C. § 1114(1)(b);
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(iv) unfair competition arising under the Trademark Laws of the United States,
15 U.S.C. § 1125(a);
(v) patent infringement arising under the Patent Laws of the United States, 35
U.S.C. § 101 et seq.;
(vi) 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
(vii) 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 visual material (collectively the “Visual
Material”) claimed in the following United States Copyright Registrations: Reg. No.
VAu001283876 entitled “TubShroom Collateral 2016;” Reg. No. VAu001263568 entitled
“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 A.
3. An example of the Visual Material is shown in the photographs below (which
photographs formed part of the deposit for U.S. Copyright Reg. No. VAu001263568):1
1
Given the voluminous nature of the deposits for the Juka Copyrights, full copies thereof are not
attached to this Complaint. That being said, the deposits are publicly available, upon request,
through the Copyright Office. Additionally, copies of the deposits will be provided to opposing
counsel if such deposits are responsive to an appropriate discovery request.
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4. Shockingly, as shown in the screenshot below, all three of the exemplary Visual
Material deposit images shown above appear to have been directly copied by Defendants (as more
fully discussed below):
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5. Juka owns the exclusive rights embodied in the following United States Trademark
Registrations:
(i) Reg. No. 4972762 for “TUBSHROOM” in Class 11 covering “Strainers for
plumbing drains;”
(ii) Reg. No. 5179859 for “SINKSHROOM” in Class 11 covering “Strainers for
plumbing drains; Plumbing fittings, namely, sink strainers; Plumbing supplies,
namely, sink strainers;”
(iii) Reg. No. 5179860 for “SHOWERSHROOM” in Class 11 covering “Strainers for
plumbing drains; Plumbing fittings, namely, sink strainers; Plumbing supplies,
namely, sink strainers;” and
(iv) Reg. No. 5313609 for “STOPSHROOM” in Class 21 covering “Drain plugs for
plumbing drains; water stoppers for plumbing drains”
(collectively, the “Federal Trademarks”). Copies of these four (4) U.S. Trademark Registrations
are attached hereto as Exhibit B.
6. Juka has also developed extensive common law trademark rights in the distinctive
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“MUSHROOM” shape and branding of its products through, inter alia, the use of the following
logos:
(collectively, the “Common Law Trademarks”) (collectively, Juka’s Federal Trademarks and
Common Law Trademarks are referred to herein as the “Juka Trademarks.”)
7. 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 C.
8. Collectively, the Juka Copyrights, Juka Trademarks and Juka Patent are referred to
herein as the “Juka Ornamental Rights.”
9. Defendants violated Juka’s exclusive rights in the Visual Material, in violation of
the Copyright Act, 17 U.S.C. § 101 et seq., in connection with: (i) sink and tub strainers that
Defendants offered for sale and/or distributed to the public by sale or other transfer of ownership;
and (ii) advertisement and publicity materials related to such sink and tub strainers which materials
Defendants publicly displayed; without Juka’s permission.
10. Defendants violated Juka’s exclusive rights in the Juka Trademarks, in violation of
the Lanham Act, 15 U.S.C. § 1051 et seq., in connection with: (i) sink and tub strainers that
Defendants used, offered for sale and/or sold in the United States; and (ii) advertisement and
publicity materials related to such sink and tub strainers which materials Defendants created,
stored and/or reproduced in connection with Defendants use, offer for sale and/or sale of such sink
and tub strainers; without Juka’s permission.
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11. Defendants manufactured, sold and/or offered for sale “carbon copies” of Juka’s
products (which are identical in every respect with the exception of not including Juka’s branding
on the physical products themselves). Moreover, Defendants reproduced, counterfeited, copied, or
colorably imitated Juka’s Federally registered TUBSHROOM® trademark and applied such
reproduction, counterfeit, copy, or colorable imitation to advertisements used and/or intended to
be used in commerce upon or in connection with the sale, offering for sale, distribution, or
advertising of goods in connection with which such use was likely to cause confusion, or to cause
mistake, or to deceive, i.e., the Infringing Strainers (as defined below).
12. Defendants engaged in unfair competition in violation of Section 43(a) of the
Lanham Act, 15 U.S.C. § 1125(a) with respect to sink and tub strainers that Defendants used,
offered for sale and/or sold in the United States.
13. Defendants violated Juka’s exclusive rights in the Design, in violation of the Patent
Act, 35 U.S.C. § 101 et seq., in connection with sink and tub strainers that Defendants used, offered
for sale and/or sold in the United States without Juka’s permission.
14. Defendants violated Juka’s exclusive rights in the Juka Trademarks in violation of
the laws of the State of New York including, inter alia, N.Y. Gen. Bus. Law § 360 et seq., in
connection with: (i) sink and tub strainers that Defendants used, offered for sale and/or sold in the
United States; and (ii) advertisement and publicity materials related to such sink and tub strainers
which materials Defendants created, stored and/or reproduced in connection with Defendants use,
offer for sale and/or sale of such sink and tub strainers; without Juka’s permission.
15. Defendants have engaged in unfair competition in violation of N.Y. Gen. Bus. Law
§§ 349 and 360-l with respect to sink and tub strainers that Defendants used, offered for sale and/or
sold in the United States.
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16. Juka seeks, among other relief, an injunction preventing Defendants from further
infringing the Juka Copyrights, Juka Trademarks and Juka Patent and for recovery of its damages
and/or a disgorgement of Defendants’ profits from their infringement (including, inter alia, treble
damages for counterfeiting). Juka further seeks, among other relief, an injunction preventing
Defendants from further unfairly competing against Juka, and for recovery of its damages and/or
a disgorgement of Defendants’ profits from their unfair competition.
THE PARTIES
17. 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
11735.
18. On information and belief, Defendant Tinydeal is a foreign corporation
incorporated under the laws of China and having an address of: Unit No. 13, 13th Floor, Wah Wai
Industrial Buildings, Nos. 53-61, Pak Tin Par Street, Tsuen Wan, N.T., Hong Kong.
19. On information and belief, Defendant Fastlink Global is a domestic corporation
incorporated under the laws of the State of California, and having an address of: 6085
Rickenbacker Road, Los Angeles, CA, 90040. According to the www.Tinydeal.com website
printout attached hereto as Exhibit D, Defendant Fastlink Global is the “US Branch” of Defendant
Tinydeal. Moreover, according to the most recent “Statement of Information” available through
the California Secretary of State’s online database system (a copy of which is attached hereto as
Exhibit E), Defendant Fastlink Global is listed as having a mailing address of 98 E. Broadway,
Ste. 301, New York, NY 10002.
20. On information and belief, Defendant HEG US Inc. d/b/a Serverloft is a domestic
corporation incorporated under the laws of the State of Missouri and having an address of: 210
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North Tucker Blvd., Suite 910, St. Louis, MO 63101.
21. Defendants John Does #1 – 10 are persons whose identities are, as yet, unknown
to Juka.
22. On information and belief, John Does #1 – 10 engaged in: (i) the manufacture;
and (ii) importation into the United States; of the Infringing Strainers (as defined below).
23. On information and belief, John Does #1 – 10 are residents of China.
JURISDICTION AND VENUE
24. This is a civil action for Federal copyright infringement (17 U.S.C. § 101),
trademark infringement (15 U.S.C. § 1051), trademark counterfeiting (15 U.S.C. 1114(1)(b)),
unfair competition (15 U.S.C. § 1125(a)) and patent infringement (35 U.S.C. § 101 et seq.), 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 §§ 349 and 360-l).
25. This Court has subject matter jurisdiction over this action pursuant to 15 U.S.C. §
1121 and 28 U.S.C. §§ 1331, 1338 and 1367.
26. This Court has personal jurisdiction over Defendant Tinydeal at least because
Defendant Tinydeal: (i) transacted and solicited business in the State of New York, including with
respect to sink and tub strainers that infringe the Juka Copyrights, Juka Trademarks and Juka
Patent; and (ii) committed, contributed to and/or induced acts of copyright infringement, trademark
infringement, trademark counterfeiting, unfair competition and patent infringement in the State of
New York, at least by offering to sell and/or selling sink and tub strainers that infringe the Juka
Copyrights, Juka Trademarks and Juka Patent in the State of New York.
27. This Court has personal jurisdiction over Defendant Fastlink Global (which, upon
information and belief is the United States branch of Defendant Tinydeal) at least because
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Defendant Fastlink Global: (i) transacted and solicited business in the State of New York,
including with respect to sink and tub strainers that infringe the Juka Copyrights, Juka Trademarks
and Juka Patent; and (ii) committed, contributed to and/or induced acts of copyright infringement,
trademark infringement, trademark counterfeiting, unfair competition and patent infringement in
the State of New York, at least by offering to sell and/or selling sink and tub strainers that infringe
the Juka Copyrights, Juka Trademarks and Juka Patent in the State of New York. This Court also
has personal jurisdiction over Defendant Fastlink Global inasmuch as it appears that Defendant
Fastlink Global maintains an office in New York located at 98 E. Broadway, Ste. 301, New York,
NY 10002 (see, e.g., Exhibit E).
28. This Court has personal jurisdiction over Defendant Serverloft at least because: (i)
Defendant Serverloft has transacted and solicited business in the State of New York, including
with respect to providing webhosting services for the www.Tinydeal.com website through which
sink and tub strainers that infringe the Juka Copyrights, Juka Trademarks and Juka Patent were
sold and offered for sale in the State of New York; and (ii) Defendant Serverloft committed,
contributed to and/or induced acts of copyright infringement, trademark infringement, trademark
counterfeiting, unfair competition and patent infringement in the State of New York, by providing
webhosting services for the www.Tinydeal.com website through which sink and tub strainers that
infringe the Juka Copyrights, Juka Trademarks and Juka Patent were sold and offered for sale in
the State of New York.
29. This Court has personal jurisdiction over Defendants John Does #1—10 at least
because Defendants John Does #1—10: (i) transacted and solicited business in the State of New
York, including with respect to sink and tub strainers that infringe the Juka Copyrights, Juka
Trademarks and Juka Patent; and (ii) committed, contributed to and/or induced acts of copyright
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infringement, trademark infringement, trademark counterfeiting, unfair competition and patent
infringement in the State of New York, at least by offering to sell and/or selling sink and tub
strainers that infringe the Juka Copyrights, Juka Trademarks and Juka Patent in the State of New
York.
30. Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b)(2), 1391(c)(2)
and 1400 at least because: (i) Defendants reside in this district by transacting and soliciting
business in this district, including with respect to sink and tub strainers that infringe the Juka
Copyrights, Juka Trademarks and Juka Patent; (ii) Defendants reside in this district by committing
acts of Federal copyright infringement, trademark infringement, trademark counterfeiting, unfair
competition and patent infringement and New York State trademark infringement and unfair
competition in this district by offering to sell and/or selling sink and tub strainers that infringe the
Juka Copyrights, Juka Trademarks and Juka Patent and which otherwise unfairly compete against
Juka’s products; and (iii) Defendants Tinydeal, Fastlink Global and Serverloft are each
corporations which are subject to this Court’s personal jurisdiction.
31. Venue is also proper with respect to Defendant Tinydeal (and, on information and
belief, Defendants John Does # 1 – 10) under 28 U.S.C. §§ 1391(c)(3) inasmuch as Defendant
Tinydeal is a Chinese corporation (i.e., a defendant which is “not resident in the United States”)
(as are, on information and belief, Defendants John Does #1—10).
FACTUAL ALLEGATIONS
I. Juka’s Intellectual Property Rights
32. Juka has designed, developed, made, and sold a variety of sink, tub and shower
strainers.
33. On or about September 28, 2015, Juka’s predecessors-in-interest launched a
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KICKSTARTER® campaign to market their unique products.
34. Initially seeking only a modest fundraising target of $12,000, this
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
attached hereto as Exhibit F.
35. Through various other crowdfunding platforms, Juka’s predecessors-in-interest
raised a total of over $200,000 in pre-orders. Clearly, the market had spoken, and there was high
demand for Juka’s novel products.
36. Juka’s 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 Juka’s products are attached hereto as Exhibit G.
37. Recognizing the counterfeiting challenges that “the little guy” often faces after
developing a commercially successful product, Juka has taken steps to protect its innovative
products. In particular, Juka owns:
(i) 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 registrations duly
and legally issued to Juka, namely:
(a) January 3, 2017 with respect to Copyright Reg. No. VAu001283873;
(b) August 23, 2016 with respect to Copyright Reg. No. VAu001263568; and
(c) January 3, 2017 with respect to Copyright Reg. No. VAu001283876;
(ii) various trademark rights relating to Juka’s “MUSHROOM” Brand including:
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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”;
(3) April 11, 2017 with respect to Trademark Reg. No. 5179860 for
“SHOWERSHROOM”; and
(4) October 17, 2017 with respect to Trademark Reg. No. 5313609 for
“STOPSHROOM”;
(b) The Juka Common Law Trademarks identified above, namely the following
composite trademarks:
and
(iii) 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.
38. The Juka Copyrights, Juka Federal Trademarks and Juka Patent are presumed to be
valid.
39. As Juka anticipated, third party infringers have, unfortunately, come out of the
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proverbial “woodwork” in an effort to unlawfully knock-off Juka’s innovative products –
infringing the Juka Ornamental Rights.
40. 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 are attached hereto as
Exhibit H. In other words, numerous third parties tried to capitalize on Juka’s unique products,
but quickly stopped and recognized Juka’s Ornamental Rights once such third parties were
confronted.
II. Articulation of Juka’s Ornamental Rights
41. As noted above, the Juka Copyrights, Juka Trademarks and Juka Patent are
collectively referred to as the “Juka Ornamental Rights.” This is because such rights are not
mutually exclusive and may be broadly thought of as protecting the ornamentation of Juka’s
products.
42. In broadly considering the Juka Ornamental Rights, Juka has articulated at least
nine (9) separate ornamental features (hereinafter “Ornamental Features”) which are protected by
Juka’s Ornamental Rights, including:
(i) an overall “mushroom shape” design;
(ii) a rounded “mushroom cap” shaped top portion;
(iii) a plurality of rounded holes in the “mushroom cap” evocative of the

“scales” (aka “spots”) common to many mushrooms;
(iv) a cylindrical “mushroom stalk”;
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(v) an internal, cylindrical hollow in the stalk;
(vi) a plurality of rounded holes in the “mushroom stalk” evocative of the

“scales” common to many mushrooms;
(vii) a rounded base area evocative of a “mushroom ring” / “mushroom volva”;
(viii) a plurality of rounded holes in the base area also evocative of “mushroom
scales”; and
(ix) a plurality of end-protrusions evocative of mycelium.
43. A side-by-side comparison of the Juka Ornamental Rights and mushroom
anatomy diagrams may be found in Table 1 below:
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Table 1
SHROOM™ Family SHROOM™ Family
Mushroom Biology2
Design Description Design Images
(i) an overall “mushroom shape” design;
(ii) a rounded “mushroom cap” shaped top

portion;
(iii) a plurality of rounded holes in the

“mushroom cap” evocative of the “scales”
(aka “spots”) common to many
mushrooms;
(iv) a cylindrical “mushroom stalk”;
(v) an internal, cylindrical hollow in the stalk;
(vi) a plurality of rounded holes in the

“mushroom stalk” similarly evocative of
“scales”;
(vii) a rounded base area evocative of a

“mushroom ring” / “mushroom volva”;
(viii) a plurality of rounded holes in the base

area evocative of “mushroom scales”; and
(ix) a plurality of end-protrusions evocative of

mycelium.
2
Images courtesy of https://www.tes.com/lessons/_whuNGL1BM6nAw/fungi and
https://www.kickstarter.com/projects/growlamp/grow-a-lamp-you-grow-from-mushroom-mycelium.
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III. Defendants’ Infringing Activities
A. Defendants’ Activities & Juka’s “Test Buys”
44. On information and belief, Defendant Tinydeal is a large Chinese company
primarily operated out of Hong Kong. Defendant Tinydeal also operates a U.S. branch (i.e.,
Defendant Fastlink Global) as well as a non-party U.K. branch (i.e., “Tinydeal, Co. Limited”).
See, e.g., Exhibit D. On information and belief, Defendant Fastlink Global is jointly and severally
liable with Defendant Tinydeal and should be treated as a single entity for purposes of this lawsuit
with respect to the sale, offering for sale and distribution of the Infringing Strainers (and the
various causes of action resulting therefrom). On information and belief, Defendant Tinydeal
effectively controls Defendant Fastlink Global (i.e., its “US Branch”). For example, customers
who purchase through the www.tinydeal.com website solely interact with a single entity known as
“Tinydeal.” This is shown by the test buy order receipts (discussed more fully below in paragraph
53 and attached hereto as Exhibit N). Such receipts are sent from the “sales@tinydeal.com” e-
mail address and contain numerous references to the “TinyDeal Direct Online Store.” Moreover,
according to the description provided to the California Secretary of State in its “Statement of
Information” (see Exhibit E), Defendant Fastlink Global is in the business of “Warehouse
Storage.” On information and belief, Defendant Fastlink Global thus acts as an agent for and is
controlled by Defendant Tinydeal in providing “Warehouse Storage” for shipments from
TinyDeal’s Chinese manufacturers to customers in the United States.
45. Defendant Tinydeal operates the www.Tinydeal.com website (hereinafter the
“Tinydeal Website”). The Tinydeal Website describes itself as “a global China wholesale / retail
online shop” which “hosts over 80000+ products in a wide range of categories.” See the Tinydeal
Website printout attached hereto as Exhibit I.
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46. On information and belief, the Tinydeal Website is hosted on U.S.-based servers
owned and operated by Defendant Serverloft.
47. Through an online search, Juka’s agents discovered that, without Juka’s
authorization, Defendant Tinydeal used, offered for sale and/or sold “sink and shower strainers”
(hereafter, the “Infringing Strainers”) in the United States that infringe the Juka Ornamental
Rights.
48. Admittedly, the Infringing Strainers were generically referred to in the title of the
listing page on the Tinydeal Website as “Bathroom Hair Catchers.” However, as shown in the
screenshots attached hereto as Exhibit J the Tinydeal Website listing for the Infringing Strainers:
(i) used Plaintiff’s Federally registered TUBSHROOM® trademark;
(ii) used Plaintiff’s proprietary advertising photographs of TUBSHROOM®
brand products (which photographs included shots prominently featuring
close-ups showing the Federally registered TUBSHROOM® trademark on
such products);
(iii) used Plaintiff’s proprietary advertising “copy” (i.e., descriptive text) from
TUBSHROOM® brand products; and
(iv) used Plaintiff’s embedded YouTube® videos of advertisements produced
in connection with Plaintiff’s sales campaign for TUBSHROOM® brand
products (which videos also make prominent use of the TUBSHROOM®
trademark.
49. Additionally, the Tinydeal Website listing for the Infringing Strainers appears to
have been advertised on the Google® search engine under the search keyword “tubshroom” as
shown in the screenshot below:
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50. The use, sale and offer for sale of the Infringing Strainers could not have come at a
worse time for Juka. Juka discovered the Tinydeal Website’s listing for the Infringing Strainers
just days after “Black Friday” and “Cyber Monday” – two of the busiest online shopping days of
the year.
51. On information and belief, the Infringing Strainers were being sold / offered for
sale during such holidays, to wit, the sale of the Infringing Strainers was discovered on November
25, 2017.
52. Immediately after discovering the Tinydeal Website listing for the Infringing
Strainers, Juka took action. More specifically:
(i) on November 28, 2017, Juka sent a cease and desist letter to Defendant
Tinydeal (a copy of which is attached hereto as Exhibit K); and
(ii) on November 30, 2017, after Defendant Tinydeal was unresponsive, Juka
sent a cease and desist letter to Defendant Serverloft (a copy of which is
attached hereto as Exhibit L) and an infringement report to non-party
PayPal (a copy of which is attached hereto as Exhibit M).
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53. Dismayed that the listings were not being promptly removed, on December 4, 2017,
Juka’s agents conducted “test buys” of Infringing Strainers through the Tinydeal Website. More
specifically, Juka’s agents placed: (i) one order to Juka’s offices in New York; and (ii) a second
order to the headquarters of Juka’s counsel (located in Florida). Copies of the e-mail receipts
confirming such test buys are attached hereto as Exhibit N.
54. Upon receipt, Juka’s agents confirmed that these test buy orders contained
Infringing Strainers manufactured by Defendants John Does #1—10. In fact, as shown by the side-
by-side comparison photographs below, the Infringing Strainer (in blue) from Juka’s test buy is
identical to an authentic TubShroom® brand product (in green) with the exception that the word
“TubShroom” has been removed from the Infringing Strainer:
55. Put another way, all nine (9) of Juka’s protected Ornamental Features are fully and
identically embodied in the Infringing Strainers.
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56. On information and belief, the Infringing Strainers were: (i) manufactured in China;
and (ii) imported into the United States; by John Does #1 – 10.
57. On information and belief, the Infringing Strainers were not removed from the
Tinydeal Website until on or about December 11, 2018, i.e., until after the “online Holiday
shopping season” was almost over (and until after the sale of the Infringing Strainers had
resulted in significant sales losses to Juka).
58. On information and belief, Defendant Tinydeal, Defendant Fastlink Global and/or
Defendant Serverloft purposefully delayed removing or disabling access to the Tinydeal Website
listing for the Infringing Strainers in order to maximize profits.
59. In other words, upon obtaining knowledge or awareness of the sale of the
Infringing Strainers, Defendants Tinydeal, Fastlink Global and Serverloft did not act expeditiously
to remove, or disable access to, the Tinydeal Website listing for the Infringing Strainers.
Accordingly, Defendant Tinydeal, Fastlink Global and Serverloft are not entitled to avoid liability
under the so-called “safe harbor” provisions of the Digital Millennium Copyright Act (“DMCA”),
17 U.S.C. § 512(1).
60. As more fully discussed below, on information and belief, Defendants Tinydeal and
Fastlink Global have:
(i) directly and contributorily infringed the Juka Copyrights within the
meaning of 17 U.S.C. § 501;
(ii) directly and contributorily infringed the Juka Trademarks within the
meaning of 15 U.S.C. § 1114 and N.Y. Gen. Bus. Law § 360-k; and
(iii) directly infringed and actively induced infringement of the Juka Patent
within the meaning of 35 U.S.C. § 271;
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at least by using, offering for sale and/or selling the Infringing Strainers in the United States
without Juka’s authorization.
61. As more fully discussed below, on information and belief, Defendant Serverloft
has:
(i) directly and contributorily infringed the Juka Copyrights within the
meaning of 17 U.S.C. § 501;
(ii) directly and contributorily infringed the Juka Trademarks within the
meaning of 15 U.S.C. § 1114 and N.Y. Gen. Bus. Law § 360-k; and
(iii) actively induced infringement of the Juka Patent within the meaning of 35
U.S.C. § 271;
at least by hosting the Tinydeal Website through which Infringing Strainers were used, sold and/or
offered for sale in the United States without Juka’s authorization.
62. As more fully discussed below, on information and belief, Defendant John Does #1
– 10 have:
(i) directly infringed the Juka Copyrights within the meaning of 17 U.S.C. §
501;
(ii) directly infringed the Juka Trademarks within the meaning of 15 U.S.C. §
1114 and N.Y. Gen. Bus. Law § 360-k; and
(iii) directly infringed the Juka Patent within the meaning of 35 U.S.C. § 271;
at least by importing, using, offering for sale and/or selling the Infringing Strainers in the United
States without Juka’s authorization.
63. Based on Juka’s considerable past experience in policing similar infringement, Juka
is concerned that a “whack a mole” scenario will develop without injunctive relief, i.e., a scenario
Page 21 of 44
wherein Defendants John Does #1—10 periodically sell Infringing Strainers through the Tinydeal
Website (albeit under a different alias and different product listings) in the weeks leading up to
major sales holidays (e.g., Thanksgiving and Christmas). Juka is concerned that, absent injunctive
relief, such a scenario will occur where, by the time the other Defendants collectively or
individually remove or disable access to such listings, Defendants will have greatly profited and
simply “bide their time” to await the next major sales holiday. Such repeat offenses should not be
tolerated by this Court.
B. Defendants’ Copyright Infringement
64. Without Juka’s authorization, Defendants made, used, offered for sale, sold, and/or
imported into the United States the Infringing Strainers which violate the Juka Copyrights.
65. On information and belief, Defendants copied the Visual Material in creating and
advertising the Infringing Strainers.
66. The Infringing Strainers are substantially similar to the Visual Materials covered
by the Juka Copyrights. For example, as noted above, the Infringing Strainers are identical,
counterfeits of TUBSHROOM® brand products (with the exception that the word
“TUBSHROOM” was removed) and fully and identically embody each of the nine (9) protected
Ornamental Features.
67. Defendants Tinydeal and Fastlink Global directly and contributorily infringed the
Juka Copyrights within the meaning of 17 U.S.C § 101 et seq., in connection with:
(i) offering the Infringing Strainers for sale and/or distributing the Infringing
Strainers to the public by sale or other transfer of ownership; and
(ii) the publication of Juka’s advertising and publicity materials in connection
with offering the Infringing Strainers for sale and/or distributing the
Page 22 of 44
Infringing Strainers to the public by sale or other transfer of ownership of
the Infringing Strainers;
without Juka’s permission.
68. After receiving Juka’s cease and desist letter on November 28, 2017 (by which date
Defendant Tinydeal and Defendant Fastlink Global were indisputably put on notice of Juka’s rights
and the infringement thereof), Defendant Tinydeal and Fastlink Global did not act expeditiously
to remove, or disable access to, the Tinydeal Website listing for the Infringing Strainers.
69. Defendant Serverloft directly and contributorily infringed the Juka Copyrights
within the meaning of 17 U.S.C § 101 et seq., in connection with hosting the Tinydeal Website
through which:
(i) the Infringing Strainers were offered for sale and/or distributed to the public
by sale or other transfer of ownership; and
(ii) Defendant Tinydeal and/or Defendant Fastlink Global published Juka’s
advertising and publicity materials in connection with the offering for sale
and/or distribution to the public by sale or other transfer of ownership of the
Infringing Strainers.
70. After receiving Juka’s cease and desist letter on November 30, 2017 (by which date
Defendant Serverloft was indisputably put on notice of Juka’s rights and the infringement thereof),
Defendant Serverloft did not act expeditiously to remove, or disable access to, the Tinydeal
Website listing for the Infringing Strainers.
71. Defendants John Does # 1 –10 directly infringed the Juka Copyrights within the
meaning of 17 U.S.C § 101 et seq., in connection with:
(i) offering the Infringing Strainers for sale and/or distributing the Infringing
Page 23 of 44
Strainers to the public by sale or other transfer of ownership; and
(ii) the publication of Juka’s advertising and publicity materials in connection
with offering the Infringing Strainers for sale and/or distributing the
Infringing Strainers to the public by sale or other transfer of ownership of
the Infringing Strainers;
without Juka’s permission.
C. Defendants’ Trademark Infringement & Counterfeiting
72. Juka has conscientiously taken steps to develop a “MUSHROOM” Brand in
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 “TUBSHROOM” (Reg. No. 4972762), “SINKSHROOM” (Reg. No.
5179859), “SHOWERSHROOM” (Reg. No. 5179860) and
“STOPSHROOM” (Reg. No. 5313609);
(iii) registering the “www.tubshroom.com,” “www.sinkshroom.com” and
“www.showershroom.com” domain names; and
(iv) using the Common Law Trademarks shown below (which include both a
stylized “Mushroom Cap” trademark and a heightened emphasis on the
word formative “SHROOM”):
Page 24 of 44
73. The Infringing Strainers are likely to cause confusion, or to cause mistake or to
cause deception with the Juka Trademarks in violation of 15 U.S.C. § 1114 and N.Y. Gen. Bus.
Law § 360-k.
74. Defendant Tinydeal, Defendant Fastlink Global, Defendant Serverloft and
Defendants John Does # 1-10 directly infringed the Juka Trademarks: (i) within the meaning of 15
U.S.C. § 1114; and (ii) within the meaning of N.Y. Gen. Bus. Law § 360-k; by using the Juka
Trademarks in connection with the advertisement and sale / offers for sale of the Infringing
Strainers.
75. Defendant Tinydeal, Defendant Fastlink Global and Defendant Serverloft
contributorily infringed the Juka Trademarks: (i) within the meaning of 15 U.S.C. § 1114; and (ii)
within the meaning of N.Y. Gen. Bus. Law § 360-k; by using the Juka Trademarks in connection
with the advertisement and sale / offers for sale of the Infringing Strainers.
76. More specifically, as noted above, the Tinydeal Website listing for the Infringing
Strainers made prominent use of the Federally registered TUBSHROOM® trademark as well as
Juka’s unregistered “Mushroom” trade dress. As articulated above, the Infringing Strainers
embody each of the nine (9) Ornamental Features protected by Juka’s unregistered “Mushroom”
trade dress.
77. Such exact use of the Federally registered TUBSHROOM® trademark constituted
reproduction, counterfeiting, copying, or colorable imitation of Juka’s Federally registered
TUBSHROOM® trademark and the application of such reproduction, counterfeit, copy or
colorable imitation to advertisements used and/or intended to be used in commerce upon or in
connection with the sale, offering for sale, distribution, or advertising of the Infringing Strainers.
78. By way of example, the screenshot below was taken from the Tinydeal Website
Page 25 of 44
listing for the Infringing Strainers. As can be readily seen:
(i) the Federally registered wordmark “TUBSHROOM” is used in the “advertising
copy”;
(ii) the TUBSHROOM® trademark is prominently shown on the product photographs;
and
(iii) Juka’s Common Law Trademarks (including the “MUSHROOM” trade dress) are
prominently displayed.
Page 26 of 44
79. Such use / intended use was likely to cause confusion, or to cause mistake, or to
deceive consumers into believing that the Infringing Strainers were Juka’s bona fide
TUBSHROOM® brand products.
80. As such, Defendants have committed counterfeiting within the meaning of 15
U.S.C. § 1114(1)(b).
D. Defendants’ Unfair Competition
81. Defendants’ conduct is likely to cause confusion, mistake or deception as to: (i) the
affiliation, connection or association of Defendants’ Infringing Strainers and Juka; and (ii) the
origin, sponsorship or approval of Defendants and the Infringing Strainers by Juka; in violation of:
(i) Section 43 of the Lanham Act, 15 U.S.C. § 1125(a); and
(ii) the laws of the State of New York including, inter alia, N.Y. Gen. Bus. Law
§§ 349 and 360-l.
82. Put another way, Defendants’ conduct was a thinly veiled attempt to “palm off”
counterfeit Infringing Strainers as Plaintiff’s TUBSHROOM® brand products.
Page 27 of 44
83. For example, as explained above, for at least several weeks (and possibly much
longer) a Google® search for the word “tubshroom” displayed the Tinydeal Website listing for the
Infringing Strainers. Moreover, the Tinydeal Website:
(i) made prominent use of Plaintiff’s Federally registered TUBSHROOM®
trademark;
(ii) prominently displayed Plaintiff’s proprietary advertising photographs of
TUBSHROOM® brand products (which photographs included shots
prominently featuring close-ups showing the Federally registered
TUBSHROOM® trademark on products);
(iii) used Plaintiff’s proprietary advertising “copy” (i.e., descriptive text) from
TUBSHROOM® brand products; and
(iv) used Plaintiff’s embedded YouTube® videos of advertisements produced
by Plaintiff in connection with Plaintiff’s sales campaign for
TUBSHROOM® brand products (which videos also make prominent use
of the TUBSHROOM® trademark.
84. On information and belief, such clear (indeed, over-the-top) use of the Juka
Trademarks caused consumers to become confused as to the affiliation, connection, or association
of Juka with another person, and as to the origin, sponsorship, or approval of another person’s
goods by Juka.
E. Defendants’ Patent Infringement
85. On information and belief, Defendant Tinydeal and Defendant Fastlink Global have
directly infringed and actively induced infringement of the Juka Patent within the meaning of 35
U.S.C. § 271 at least by using, offering for sale and/or selling the Infringing Strainers in the United
Page 28 of 44
States without Juka’s authorization.
86. On information and belief, Defendant Serverloft has actively induced infringement
of the Juka Patent within the meaning of 35 U.S.C. § 271 at least by hosting the Tinydeal Website
through which Infringing Strainers were used, sold and/or offered for sale in the United States
without Juka’s authorization.
87. As more fully discussed below, on information and belief, Defendant John Does #1
– 10 have directly infringed the Juka Patent within the meaning of 35 U.S.C. § 271 at least by
importing into the United States and/or using, selling and/or offering for sale the Infringing
Strainers in the United States without Juka’s authorization.
88. The overall appearance of the Design of the Juka products covered by the Juka
Patent and the corresponding designs of Defendants’ Infringing Strainers are substantially the
same.
89. An ordinary observer would perceive the overall appearance of the Design covered
by the Juka Patent and the corresponding designs of Defendants’ Infringing Strainers to be
substantially the same.
90. Indeed, the overall appearance of the Design of the Juka products covered by the
Juka Patent and the corresponding designs of Defendants’ Infringing Strainers are identical.
91. Table 2 below illustrates Defendants’ infringement by comparing figures from the
Juka Patent with exemplary images of the Infringing Strainers. As can be readily seen, the
Infringing Strainers are identical, counterfeits of the Design covered by the Juka Patent.3
3
To the extent that there is some “deformation” in the shape of the exemplary Infringing Strainer
shown below, Juka notes that the exemplary Infringing Strainer – like authentic TUBSHROOM®
brand products – is manufactured out of a flexible silicone material.
Page 29 of 44
Table 2 – Comparison of the Juka Patent with the Infringing Strainers

Exemplary Photographs of
US D785,767 Patent Figures
Infringing Strainer
Fig. 1
Fig. 2
Fig. 3
Page 30 of 44

Infringing Strainer
Fig. 4
Fig. 5
Fig. 6
Page 31 of 44

Infringing Strainer
Fig. 7
Fig. 8
92. On information and belief, Defendant Tinydeal, Defendant Fastlink Global and
Defendant Serverloft knew or had reason to know that the Infringing Products copied the Design
covered by the Juka Patent at least as early as their receipt of the individual cease and desist letters
sent by Juka.
93. On information and belief, Defendants John Does # 1—10 intended to copy the
Design covered by the Juka Patent.
Page 32 of 44
Count I
(Direct Infringement Under 17 U.S.C. § 501 of the Juka Copyrights – All Defendants)
94. Juka re-alleges and incorporates by reference the allegations set forth in paragraphs
1 through 93 of this Complaint.
95. Defendants, without authorization from Juka, have used, offered for sale, sold,
and/or otherwise transferred ownership of sink and tub strainers within the United States that
infringe the Juka Copyrights (i.e., the Infringing Strainers).
96. The Juka Copyrights are Federally registered and, therefore, presumed valid.
97. Juka has been harmed by the infringement of the Juka Copyrights by Defendant
and will continue to be irreparably harmed without an injunction preventing future incidents of
such infringement by Defendants.
Count II
(Contributory Infringement Under 17 U.S.C. § 501 of the Juka Copyrights – Defendants

Tinydeal, Fastlink Global and Serverloft)
1 through 93 and 95 through 97 of this Complaint.
99. Defendants Tinydeal, Fastlink Global and Serverloft, without authorization from
Juka, knowingly induced or encouraged direct infringement of the Juka Copyrights.
100. Defendants Tinydeal, Fastlink Global and Serverloft:
(i) knew or had reason to know that, inter alia, Defendants John Does #1—10
were directly infringing the Juka Copyrights; and
(ii) notwithstanding point (i) above, engaged in conduct that encouraged or
assisted such infringement.
101. Defendants Tinydeal, Fastlink Global and Serverloft induced, caused and/or
Page 33 of 44
materially contributed to the infringing conduct of, inter alia, Defendants John Does #1—10.
Defendants Tinydeal, Fastlink Global and Serverloft did this by, among other things, providing
the online sales platform through which Infringing Strainers were offered for sale and/or sold
and/or offered for other distribution to the public and through which Juka’s copyrighted publicity
photographs and “copy” (i.e., advertising text) were published.
102. Juka has been harmed by the contributory infringement of the Juka Copyrights by
Defendant and will continue to be irreparably harmed without an injunction preventing future
incidents of such infringement by Defendants.
Count III
(Vicarious Infringement Under 17 U.S.C. § 501 of the Juka Copyrights – Defendants

1 through 93, 95 through 97 and 99 through 102 of this Complaint.
Juka, intentionally induced or encouraged direct infringement of the Juka Copyrights.
(i) had the right and ability to supervise the infringing activity (by removing,
or disabling access to, the Tinydeal Website listing for the Infringing
Strainers); and
(ii) and also have a direct financial interest in such activities.
106. Juka has been harmed by the vicarious infringement of the Juka Copyrights by
Defendants and will continue to be irreparably harmed without an injunction preventing future
Page 34 of 44
Count IV
(Direct Infringement Under 15 U.S.C. § 1114 of the Juka Trademarks – All Defendants)
1 through 93, 95 through 97, 99 through 102 and 104 through 106 of this Complaint.
and/or imported in or into the United States sink and tub strainers that infringe the Juka
Trademarks.
109. Defendants, without authorization from Juka, have used the Juka Trademarks
(specifically, the Federally registered TUBSHROOM® trademark) in connection with advertising,
sales and offers for sale of the Infringing Strainers.
110. Juka has been harmed by the infringement of the Juka Trademarks by Defendants
Count V
(Counterfeiting Under 15 U.S.C. § 1114(1)(b) of the Juka Trademarks – All Defendants)
1 through 93, 95 through 97, 99 through 102, 104 through 106 and 108 through 110 of this
Complaint.
and/or imported in or into the United States sink and tub strainers that infringe the Juka
Trademarks.
113. Defendants, without authorization from Juka, have reproduced, counterfeited,
copied, or colorably imitated a registered mark (i.e., Juka’s the TUBSHROOM® trademark) and
Page 35 of 44
applied such reproduction, counterfeit, copy, or colorable imitation to advertisements intended to
be used in commerce upon or in connection with the sale, offering for sale, distribution, or
advertising of goods in connection with which such use was likely to cause confusion, or to cause
mistake, or to deceive.
114. Defendants: (i) intentionally used the Federally registered TUBSHROOM®
trademark in connection with the sale, offering for sale, or distribution of the Infringing Strainers;
and/or (ii) provided goods or services necessary to the commission of such counterfeiting with the
intent that the recipient thereof would put such goods or services to use in committing the violation.
Count VI
(Contributory Infringement Under 15 U.S.C. § 1114 of the Juka Trademarks – Defendants

1 through 93, 95 through 97, 99 through 102, 104 through 106, 108 through 110 and 112 through
115 of this Complaint.
117. Defendants Tinydeal, Fastlink Global and Serverloft continued to supply their
respective services to one another and to Defendants John Does #1—10 after Defendants
Tinydeal, Fastlink Global and Serverloft knew or had reason to know of the direct trademark
infringement of the Juka Trademarks.
118. Defendants Tinydeal, Fastlink Global and Serverloft had more than a general
knowledge or reason to know about the infringement of the Juka Trademarks. Rather, Defendants
Tinydeal, Fastlink Global and Serverloft had specific knowledge of such infringement at least as
Page 36 of 44
early as receiving cease and desist letters from Juka (i.e., at least as early as November 28, 2017
for Defendants Tinydeal and Fastlink Global, and at least as early as November 30, 2017 for
Defendant Serverloft).
119. Juka has been harmed by the contributory infringement of the Juka Trademarks by
Defendants and will continue to be irreparably harmed without an injunction preventing future
Count VII
(Unfair Competition Under 15 U.S.C. § 1125(a) – All Defendants)
1 through 93, 95 through 97, 99 through 102, 104 through 106, 108 through 110, 112 through 115
and 117 through 119 of this Complaint.
121. Defendants deliberately and willfully attempted to trade on Juka’s hard-earned
goodwill in the Juka Trademarks as well as Juka’s reputation for quality products in order to
confuse consumers as to the origin and sponsorship of the Infringing Strainers and, thus, to pass
off the Infringing Strainers as bona fide Juka products.
affiliation, connection or association of the Infringing Strainers and Defendants with Juka; and (ii)
the origin, sponsorship or approval of Defendants and the Infringing Strainers by Juka; in violation
of Section 43 of the Lanham Act, 15 U.S.C. § 1125(a).
123. Juka has been harmed by Defendants’ unfair competition, and will continue to be
irreparably harmed without an injunction preventing future incidents of such unfair competition
by Defendants.
Page 37 of 44
Count VIII
(Direct Infringement Under 35 U.S.C. § 271 of the Juka Patent – Defendants Tinydeal,
Fastlink Global and John Does #1—10)
1 through 93, 95 through 97, 99 through 102, 104 through 106, 108 through 110, 112 through 115,
117 through 119 and 121 through 123 of this Complaint.
125. Defendants Tinydeal, Fastlink Global and John Does #1—10, without authorization
from Juka, used, offered for sale, sold, and/or imported in or into the United States, sink and tub
strainers that infringe the Juka Patent (i.e., the Infringing Strainers).
126. Juka has been harmed by the infringement of the Juka Patent by Defendants
Tinydeal, Fastlink Global and John Does #1—10, and will continue to be irreparably harmed
without an injunction preventing future incidents of such infringement by Defendants Tinydeal,
Fastlink Global and John Does #1—10.
Count IX
(Induced Infringement Under 35 U.S.C. § 271 of the Juka Patent – Defendants Tinydeal,
Fastlink Global and Serverloft)
117 through 119, 121 through 123 and 125 through 126 of this Complaint.
Juka, induced, inter alia, Defendant’s John Does #1—10 into using, offering for sale, selling,
and/or importing in or into the United States, sink and tub strainers that infringe the Juka Patent
(i.e., the Infringing Strainers).
Page 38 of 44
(i) had knowledge of the Juka Patent;
(ii) knew that their respective actions were inducing acts of infringement with
respect to, inter alia, Defendant’s John Does #1-100; and
(iii) specifically intended to encourage such infringement;
at least as early as November 28, 2017 with respect to Defendants Tinydeal and Fastlink Global
and at least as early as November 30, 2017 with respect to Defendant Serverloft.
130. Juka has been harmed by the infringement of the Juka Patent by Defendants
Tinydeal, Fastlink Global and Serverloft, and will continue to be irreparably harmed without an
injunction preventing future incidents of such infringement by Defendants Tinydeal, Fastlink
Global and Serverloft.
Count X
(Direct Infringement Under N.Y. Gen. Bus. Law § 360-k of the Juka Trademarks– All
Defendants)
117 through 119, 121 through 123, 125 through 126 and 128 through 130 of this Complaint.
132. Defendants, without authorization from Juka, used, offered for sale, sold, and/or
transported in commerce in the State of New York sink and tub strainers that infringe the Juka
Trademarks.
133. Defendants, without authorization from Juka, have used the Juka Trademarks
(specifically, the Federally registered TUBSHROOM® trademark) in connection with advertising,
sales and offers for sale of the Infringing Strainers.
Page 39 of 44
Count XI
(Contributory Infringement Under N.Y. Gen. Bus. Law § 360-k of the Juka Trademarks–
Defendants Tinydeal, Fastlink Global and Serverloft)
117 through 119, 121 through 123, 125 through 126, 128 through 130 and 132 through 134 of this
Complaint.
136. Defendants Tinydeal, Fastlink Global and Serverloft continued to supply their
respective services to one another and to Defendants John Does #1—10 after Defendants
Tinydeal, Fastlink Global and Serverloft knew or had reason to know of the direct trademark
infringement of the Juka Trademarks within the State of New York.
137. Defendants Tinydeal, Fastlink Global and Serverloft had more than a general
knowledge or reason to know about the infringement of the Juka Trademarks. Rather, Defendants
Tinydeal, Fastlink Global and Serverloft had specific knowledge of such infringement at least as
early as receiving cease and desist letters from Juka (i.e., at least as early as November 28, 2017
for Defendants Tinydeal and Fastlink Global, and at least as early as November 30, 2017 for
Defendant Serverloft).
138. Juka has been harmed by the contributory infringement of the Juka Trademarks by
Defendant and will continue to be irreparably harmed without an injunction preventing future
Count XII
(Unfair Competition Under N.Y. Gen. Bus. Law §§ 349 and 360-l – All Defendants)
Page 40 of 44
117 through 119, 121 through 123, 125 through 126, 128 through 130, 132 through 134 and 136
through 138 of this Complaint.
140. Defendants have deliberately and willfully attempted to trade on Juka’s hard-earned
goodwill in the Juka Trademarks as well as Juka’s reputation for quality products in order to
confuse consumers as to the origin and sponsorship of the Infringing Strainers and, thus, to pass
off the Infringing Strainers as bona fide Juka products.
affiliation, connection or association of the Infringing Strainers and Defendants with Juka; and (ii)
the origin, sponsorship or approval of Defendants 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.
PRAYER FOR RELIEF
WHEREFORE, Juka respectfully requests that the Court grant the following relief:
1. A judgment that Defendants infringed the Juka Copyrights;
2. A judgment that Defendants infringed the Juka Trademarks;
3. A judgment that Defendants engaged in counterfeiting of the Federally registered
TUBSHROOM® trademark;
4. A judgment that Defendants engaged in unfair competition;
5. A judgment that Defendants infringed the Juka Patent;
6. A permanent injunction enjoining Defendant and all persons acting in concert with
Defendant, from infringing the Juka Copyrights;
7. A permanent injunction enjoining Defendants and all persons acting in concert with
Defendants, from infringing the Juka Trademarks;
Page 41 of 44
Defendants from engaging in unfair competition against Juka;
Defendants, from infringing the Juka Patent;
10. A judgment and order requiring Defendants to pay Juka supplemental damages or
profits for any continuing post-verdict infringement up until entry of the final judgment, with an
accounting, as needed;
11. A judgment and order requiring Defendants 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 Defendants to pay Juka statutory copyright
damages pursuant to 17 U.S.C. § 504;
13. A judgment and order requiring Defendants to pay Juka all damages caused by
Defendants’ 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 Defendants from their infringement of
each of the Juka Patents pursuant to 35 U.S.C. § 289;
14. A judgment and order requiring Defendants to pay Juka pre-judgment and post-
judgment interest on any damages or profits awarded;
15. A judgment and order requiring Defendants to pay Juka: (i) Defendants’ profits;
(ii) any damages sustained by Juka; and (iii) the costs of this action; under 15 U.S.C. § 1117(a);
16. A judgment and order requiring Defendants to pay Juka: (i) three times Defendants
profits or Juka’s damages (whichever is greater); (ii) Juka’s reasonable attorney’s fees; and (iii)
prejudgment interest on such amounts; under 15 U.S.C. § 1117(b);
17. A judgment and order requiring Defendants to pay Juka all profits derived from the
Page 42 of 44
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 Strainers in New York
under N.Y. Gen. Bus. Law § 360-m;
18. A determination that this action is an exceptional case pursuant to 35 U.S.C. § 285;
19. A determination that this action is an exceptional case pursuant to 15 U.S.C. § 1117;
20. A determination that Defendants acted with the intent to cause confusion or mistake
or to deceive pursuant to N.Y. Gen. Bus. Law § 360-k;
21. A determination that Defendants infringed the Juka Trademarks with knowledge or
in bad faith within the meaning of N.Y. Gen. Bus. Law § 360-m;
22. An award of Juka’s attorney’s fees for bringing and prosecuting this action pursuant
to 35 U.S.C. § 285, 17 U.S.C. § 505 and 15 U.S.C. § 1117;
23. An award of treble profits and damages and/or reasonable attorneys’ fees to Juka
from Defendants pursuant to N.Y. Gen. Bus. Law § 360-m;
24. An award of Juka’s costs and expenses incurred in bringing and prosecuting this
action; and
25. Such further and additional relief as this Court deems just and proper.
DEMAND FOR JURY TRIAL
Juka hereby demands a jury for all issues so triable.
Page 43 of 44
Dated: New York, New York

January 5, 2018
Respectfully submitted,
GRIMES LLC
/s/ Russell D. Dize

Charles W. Grimes, Esq. (CG 0899)
Russell D. Dize, Esq. (RD 4000)
200 W. 57th Street, Suite 1403
New York, NY 10019
(914) 698-1305
grimes@gandb.com
dize@gandb.com
Luca Hickman, Esq.

3501 Bonita Bay Blvd.
Bonita Springs, FL 34134
(p) (239) 330-9000
(f) (239) 301-2215
Attorneys for Plaintiff

Juka Innovations Corporation
Page 44 of 44
Case 2:18-cv-00084 Document 1-1 Filed 01/05/18 Page 1 of 2 PageID #: 45
Exhibit A
10/5/2017 WebVoyage
Case 2:18-cv-00084 Document 1-3 Filed Record View 1 Page 2 of 4 PageID #: 54
01/05/18
Public Catalog
Copyright Catalog (1978 to present)
Search Request: Left Anchored Name = juka innovations
Search Results: Displaying 3 of 3 entries
TubShroom Collateral 2016.
Type of Work: Visual Material

Registration Number / Date: VAu001283876 / 2017-01-03
Application T itle: TubShroom Collateral 2016.
Title: TubShroom Collateral 2016.
Appears in: TubShroom Collateral
Description: electronic file.
Copyright Claimant: Juka Innovations Corporation, Transfer: By written agreement. Address: 707
Broadhollow Rd Ste 22, Farmingdale, NY, 11735.
Date of Cr eation: 2016
Authorship on Application: Solyman Najimi, 1981- ; Citizenship: United States. Authorship: 2-D artwork -
Advertising Illustrations.
Serge Karnegie, 1978- ; Citizenship: United States. Authorship: 2-D artwork -
Rights and Permissions: Juka Innovations Corporation, 707 Broadhollow Rd Ste 22, Farmingdale, NY,
11735, United States
Copyright Note: C.O. correspondence.
Basis for Registration: Unpublished Collection
Names: Najimi, Solyman, 1981-
Serge Karnegie, 1978-
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10/5/2017 WebVoyage
01/05/18
Public Catalog
[TubShroom]

Application T itle: TubShroom.
Title: [TubShroom]
Description: Electronic file (eService)
Notes: title from application.
Copyright Claimant: Juka Innovations Corporation. Address: 32 Herb Hill Rd, Glen Cove, NY, 11542,
United States.
Authorship on Application: Juka Innovations Corporation, employer for hire; Citizenship: United States.
Authorship: photograph, 2-D artwork, technical drawing.
Basis for Registration: unpublished collection.
Names: Juka Innovations Corporation

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SinkShroom Collateral 2016.

Application T itle: SinkShroom Collateral 2016.
Title: SinkShroom Collateral 2016.
Appears in: SinkShroom Collateral
Description: electronic file.
Copyright Claimant: Juka Innovations Corporation, Transfer: By written agreement. Address: 707
Broadhollow Rd Ste 22, Farmingdale, NY, 11735, United States.
Authorship on Application: Solyman Najimi, 1981- ; Citizenship: United States. Authorship: 2-D artwork -
Serge Karnegie, 1978- ; Citizenship: United States. Authorship: 2-D artwork -
Rights and Permissions: Juka Innovations Corporation, 707 Broadhollow Rd Ste 22, Farmingdale, NY,
11735, United States
Basis for Registration: Unpublished Collection
Names: Najimi, Solyman, 1981-
Karnegie, Serge, 1978-


Exhibit B
Reg. No. 5,179,859 Juka Innovations Corporation (NEW YORK CORPORATION)

32 Herb Hill Rd
Registered Apr. 11, 2017 Glen Cove, NY 11542
CLASS 11: Strainers for plumbing drains; Plumbing fittings, namely, sink strainers;
Int. Cl.: 11 Plumbing supplies, namely, sink strainers
Trademark FIRST USE 6-16-2016; IN COMMERCE 6-16-2016
Principal Register THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
PARTICULAR FONT STYLE, SIZE OR COLOR
SER. NO. 87-095,593, FILED 07-07-2016

MEGHAN M REINHART, EXAMINING ATTORNEY
REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION
WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE

DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
Requirements in the First Ten Years*

What and When to File:
First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the
registration will continue in force for the remainder of the ten-year period, calculated from the registration
date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application
for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.
Requirements in Successive Ten-Year Periods*

You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
between every 9th and 10th-year period, calculated from the registration date.*
Grace Period Filings*
The above documents will be accepted as timely if filed within six months after the deadlines listed above with
the payment of an additional fee.
*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an

extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use
(or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO).
The time periods for filing are based on the U.S. registration date (not the international registration date). The
deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for
nationally issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international registrations
do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying
international registration at the International Bureau of the World Intellectual Property Organization, under
Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the
date of the international registration. See 15 U.S.C. §1141j. For more information and renewal forms for the
international registration, see http://www.wipo.int/madrid/en/.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online at h
ttp://www.uspto.gov.
NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
owners/holders who authorize e-mail communication and maintain a current e-mail address with the
USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
available at http://www.uspto.gov.
Page: 2 of 2 / RN # 5179859
Reg. No. 5,179,860 Juka Innovations Corporation (NEW YORK CORPORATION)

32 Herb Hill Rd
Registered Apr. 11, 2017 Glen Cove, NY 11542
CLASS 11: Strainers for plumbing drains; Plumbing fittings, namely, sink strainers;
Int. Cl.: 11 Plumbing supplies, namely, sink strainers
Trademark FIRST USE 6-16-2016; IN COMMERCE 6-16-2016
Principal Register THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
PARTICULAR FONT STYLE, SIZE OR COLOR
SER. NO. 87-095,611, FILED 07-07-2016

MEGHAN M REINHART, EXAMINING ATTORNEY




Page: 2 of 2 / RN # 5179860
Reg. No. 5,313,609 JUKA INNOVATIONS CORPORATION (NEW YORK CORPORATION)

32 Herb Hill Drive
Registered Oct. 17, 2017 Glen Cove, NEW YORK 11542
CLASS 21: Drain plugs for plumbing drains; water stoppers for plumbing drains
Int. Cl.: 21
FIRST USE 12-16-2016; IN COMMERCE 12-16-2016
Trademark
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
Principal Register PARTICULAR FONT STYLE, SIZE OR COLOR
SER. NO. 87-287,555, FILED 01-03-2017





Page: 2 of 2 / RN # 5313609
Exhibit C
Exhibit D
1/2/2018 TinyDeal - Help
Case 2:18-cv-00084 Center - China1-6
Document Wholesale,
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Exhibit E
State of California S
Secretary of State
Statement of Information F994344
(Domestic Stock and Agricultural Cooperative Corporations)
FEES (Filing and Disclosure): $25.00.
If this is an amendment, see instructions.
FILED
IMPORTANT – READ INSTRUCTIONS BEFORE COMPLETING THIS FORM In the office of the Secretary of State
1. CORPORATE NAME of the State of California
FASTLINK GLOBAL, INC
DEC-28 2015
2. CALIFORNIA CORPORATE NUMBER

C3658229 This Space for Filing Use Only
No Change Statement (Not applicable if agent address of record is a P.O. Box address. See instructions.)
3. If there have been any changes to the information contained in the last Statement of Information filed with the California Secretary
of State, or no statement of information has been previously filed, this form must be completed in its entirety.
If there has been no change in any of the information contained in the last Statement of Information filed with the California Secretary
of State, check the box and proceed to Item 17.
Complete Addresses for the Following (Do not abbreviate the name of the city. Items 4 and 5 cannot be P.O. Boxes.)
4. STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE CITY STATE ZIP CODE
6085 RICKENBACKER RD, COMMERCE, CA 90040
5. STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA, IF ANY CITY STATE ZIP CODE
6085 RICHENBACKER RD, COMMERCE, CA 90040
6. MAILING ADDRESS OF CORPORATION, IF DIFFERENT THAN ITEM 4 CITY STATE ZIP CODE
FASTLINK GLOBAL INC 98 E BROADWAY STE 301, NEW YORK, NY 10002
7. EMAIL ADDRESS FOR RECEIVING STATUTORY NOTIFICATIONS
Names and Complete Addresses of the Following Officers (The corporation must list these three officers. A comparable title for the specific
officer may be added; however, the preprinted titles on this form must not be altered.)
7. CHIEF EXECUTIVE OFFICER/ ADDRESS CITY STATE ZIP CODE
RUIHONG CHEN 6085 RICKENBACKER RD, COMMERCE, CA 90040
8. SECRETARY ADDRESS CITY STATE ZIP CODE
9. CHIEF FINANCIAL OFFICER/ ADDRESS CITY STATE ZIP CODE
Names and Complete Addresses of All Directors, Including Directors Who are Also Officers (The corporation must have at least one
director. Attach additional pages, if necessary.)
10. NAME ADDRESS CITY STATE ZIP CODE
13. NUMBER OF VACANCIES ON THE BOARD OF DIRECTORS, IF ANY:

Agent for Service of Process If the agent is an individual, the agent must reside in California and Item 15 must be completed with a California street
address, a P.O. Box address is not acceptable. If the agent is another corporation, the agent must have on file with the California Secretary of State a
certificate pursuant to California Corporations Code section 1505 and Item 15 must be left blank.
14. NAME OF AGENT FOR SERVICE OF PROCESS [Note: The person designated as the corporation's agent MUST have agreed to act in that capacity prior to the designation.]
RUIHONG CHEN
15. STREET ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIDUAL CITY STATE ZIP CODE
6085 RICKENBACKER RD, COMMERCE, CA 90040
Type of Business
16. DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION
WAREHOUSE STORAGE
17. BY SUBMITTING THIS STATEMENT OF INFORMATION TO THE CALIFORNIA SECRETARY OF STATE, THE CORPORATION CERTIFIES THE INFORMATION
CONTAINED HEREIN, INCLUDING ANY ATTACHMENTS, IS TRUE AND CORRECT.
12/28/2015 RUIHONG CHEN PRESIDENT
DATE TYPE/PRINT NAME OF PERSON COMPLETING FORM TITLE SIGNATURE
SI-200 (REV 01/2013) Page 1 of 1 APPROVED BY SECRETARY OF STATE
Exhibit F
Exhibit G
10/5/2017 Best 1-9
Case 2:18-cv-00084 Document Shower-Trap
FiledTubShroom
01/05/18Review 2017 2 of 8 PageID #: 101
Page
April 11, 2017 4:33 pm
The Plastic Mushroom That’s Saved Me

Thousands in Plumbing Fees
By Alison Freer
Never find yourself showering in standing water again.
In high school, my father was always threatening to make me pay for the stream of plumbers he constantly had to
call to unclog giant clumps of my baby-fine, waist-length blonde hair from the bathtub drain. Now that I’m all grown
up and paying for those plumbers myself, I see his point. Regular drain screens let way too much hair pass through
— so after a bit of intensive research (4,500 five-star Amazon reviewers can’t be wrong), I found the best bathtub
hair trap $13 can buy: the TubShroom.
You just pop the all-silicone TubShroom into your drain, then pop it out, and wipe off the hair coiled at the bottom
with a tissue or paper towel to clean as needed. The hair slides right off without any disgusting picking or digging
— and takes a grand total of five seconds. The advertisement says to clean it once per week, but I wind up
cleaning mine every three days or so. Every time I wipe it off, there’s so much hair that I wonder how I’m not totally
and completely bald.
The TubShroom is not the sexiest product there ever was, but it does what it says: allows water to drain while
catching stray hairs in a (mercifully) out-of-sight place for easy disposal later. I can’t emphasize it enough. Nothing
gets past this little guy — not my boyfriend’s tiny beard hairs (he shaves in the shower) nor the copious amounts of
hair that comes off my husky when I bathe him at home. Most impressively, it also grabs the gunk that comes
along with all that hair — otherwise known as dirt, body oil, and product buildup — before it has a chance to clog
your pipes. This little piece of plastic has saved me (and the pipes in my 120 year-old house) at least a thousand
bucks in emergency plumbing calls. (Showers never conveniently clog themselves during normal business hours.)
The TubShroom beats every other hair catcher by a mile (I’ve tried them all), and you’ll never find yourself
showering in standing water due to a drain clog ever again.
TubShroom Shower Catcher

$13, Amazon
Plus: A few more bathtub accessories we love.
http://nymag.com/strategist/article/best-shower-trap-tubshroom-review.html 1/4
10/5/2017 Slate
Case 2:18-cv-00084 Document 1-9PicksFiled
- TubShroom Drain Protector
01/05/18 Page 3 of 8 PageID #: 102
We write about a lot of stuff at Slate. Some of it we like. Some of it we think you’ll like. So we've put all of our
recommendations in one place so that you can find them more easily. Slate Picks, you shop.
GET NEW PICKS BY EMAIL SUBSCRIBE
TubShroom Drain
Protector
Bear with me for a moment while I sound like an infomercial: I shed a
lot of hair when I shower. My old drain catcher—a metal doodad
purchased at a hardware store—was next to impossible to clean out,
and it routinely prevented my tub from draining efficiently, leaving me
standing in a few inches of dirty water by the end of each shower.
After purchasing a TubShroom based on the strength of their Amazon
reviews, I no longer have those problems. It’s extremely easy to clean
and doesn’t block your drain, even if you lose handfuls of hair with
each shampooing, as I do.
Recommended by L.V. Anderson
BUY AT AMAZON $12.99
PICK COLLECTIONS
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10/5/2017 Case 2:18-cv-00084 Document Snare
1-9 your hair -01/05/18
Filed The Boston Globe
Page 4 of 8 PageID #: 103
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OBSESSION Comments
Snare your hair

0
TUBSHROOM
B y Mar ni Elyse K atz G LO BE C O RRE S PO N D E N T JU LY 20, 2017
Tub drains clog even more in summer with all the extra bathing needed to rinse off salt and
sand. Rather than pour poison into the ecosystem, consider popping in a TubShroom.
TubShroom is a mushroom-like silicone stopper that fits in the drain to catch Rapunzel-like
One free article left. Subscribe now →
https://www.bostonglobe.com/lifestyle/2017/07/20/snare-your-hair/vTCczcw4Mju4OWTIttHmvM/story.html 1/5
10/5/2017 Case 2:18-cv-00084 Document Snare
1-9 your hair -01/05/18
Filed The Boston Globe
Page 5 of 8 PageID #: 104
tresses. Unlike strainer-type
Tweet Share 0
contraptions, this one
sticks up a bit in order to conceal stray strands, so
Comments
there’s no unsightly ick. It’s even kind of cute and
available in blue, grey, green, orange, and white.
TubShroom hair catcher, $12.99 at Bed Bath &
Beyond, 401 Park Drive, Boston, 617-536-1090,
bedbathandbeyond.com
Marni Elyse Katz blogs at stylecarrot.com.
0 COMMENTS
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10/5/2017 TubShroom Review: Why
Case 2:18-cv-00084 You Might Actually
Document 1-9 WantFiledto Buy This "As Seen
01/05/18 on TV”
Page 6Drain
of 8Hair Catcher |#:
PageID Glamour
105
SUB SCRIB E
B EA UTY | PRODUCT REVIEWS | L IFE HA CK
I Tried TubShroom, the "As Seen on TV” Drain

Hair Catcher, and It Was a Serious Gamechanger
BY MEIRAV DEVASH
NOVEMBER 11, 2016 2:37 PM
PHOTO: AMBER VENERABLE/ALLURE
https://www.glamour.com/story/tubshroom-drain-hair-catcher-review#intcid=dt-recirc-cral1_1 1/9
01/05/18 on TV”
Page 7Drain
PageID Glamour
106
RECOMMENDED FOR YOU

"Your hair /it's everywhere "—Dashboard Confessional; “Screaming Infidelities”, 2001.
See Photos of Lauren Conrad's Minimalist, Chic California Home

Who remembers this little screamo ditty from the early aughts? (The video included
clips of baby, pre-Breaking Bad Aaron Paul from an MTV movie called Wasted.)
Whenever the song comes on, my husband claims it was written for me because my
hair is indeed everywhere. It’s pretty thick to begin with, and since I have a hair-
pulling disorder, I’m also usually wearing some type of hairpiece or extensions.
What I’m trying to say is, I shed. A LOT. I mean, I shed like an English Sheepdog in a
wind tunnel. I watch hairball tumbleweeds roll across my hardwood floor every day,
though I constantly sweep. Each time I wash my hair, I’m convinced I’ll be bald when I
get out of the shower—how can one person have enough hair to sustain all the giant
merkins that get caught in the drain?
So when I saw a Kickstarter video of the TubShroom drain hair catcher on my

Facebook feed one day, I ordered it—and it was the best $12.99 investment I’ve made.
So here I am, preaching to the unconverted.
TubShroom: A Greener Way to Protect Your Drain
BEFORE TUBSHROOM:
My husband and I had graduated to a standard metal drain hair catcher in our tub
after way too much hair and pomade residue (my husband’s fault) was getting around
01/05/18 on TV”
Page 8Drain
PageID Glamour
107
the stopper, forming an impenetrable barrier of grossness. TBH it’s pretty nasty to see
that wet hairball in the trap every time you shower, and even nastier to pick it up to
toss it in the trash after you’re all nice and clean. Worse, if you let it dry, it just forms a
drain-cover-shaped cup made of matted strands, which you then have to peel off. Not
only does it look gross, it doesn’t even work. We went through the same monthly ritual
—my husband slipping $20 every month to our building’s handyman, Cesar, who
would snake our clogged drain.
Sorry, dry heaving right now.
AFTER TUBSHROOM:
I picked the white one, which looks minimalist and not at all goofy (some of the colors
available—orange, blue, lime green—are more Cartoon Network than Kohler).
Installation was literally just plopping the flexible silicone plug into the drain and
leaving the top quarter-inch sticking out. That gives the hair somewhere to go, and the
best part is you don’t have to look at it. Spool-like grooves below the surface coil stray
hair around the plug, while holes on the top allow water to flow through, even when
there’s a ton of hair caught in there. What you get when you pop out the plug (which is
super easy, since it’s super bendy) is a hair donut that’s very nearly cute. Wet or dry,
it’s no hassle to snatch and dispose of.
It works on humans and pets (inventors Elena Karnegie and her husband, Serge, live
with a shaggy German Shepherd and a fluffy cat who loves to shower, go figure), and it
fits in any standard bathtub drain. I’ve had mine for six months, which means I’ve
saved over $100 in handyman bribes!
The mom-and-pop have been hard at work on the new SinkShroom (same idea, but for
the sink), which is scheduled to debut later this month. I’ve already pre-ordered it for
$12 on their Indiegogo site.
A look at more infomercial beauty products:

-We Tried This "As Seen on TV" Skin-Firming Cream to See If It Really Works
-Have You Been Tempted by an As-Seen-on-TV Beauty Product?
-The 7 Weirdest Beauty Tools From Japan That You Can Actually Buy
Exhibit H
Never deal
ROTECTOR with a clogged
AINP drain again
B DR
TU
Fits any standard 1.5”
bath tub drain
Works great with bothh 100%
human and animal hair BPA FREE
EE
High Quality
Silicone
Say goodbye to clogged
ged
ed
d drains!
1 2 3 4
Insert Sink Stainer The hair wraps up neatly All the hairs is in one place Remove the hair with
into the drain. around the cylinder and ready for clean an upp one effortless move
Easy to
d
install and
Clean
After Installation tools

ools
Before
not required
Item No. UPC Code Packing Measurement Per case Quantity
02151 846175021514 Clamshell 58 x 36 x 43 cm 250pcs/ctn 20FCL - 69,444
40FCL - 150,000
40HQ - 188,889
CREATIVE CONCEPTS MANUFACTURING LIMITED

H.K. Address U.S.A. Address U.K. Address Factory Address:
Suite F2, 3rd Floor,Phase 2, 50 Harrison Street, Suite 112 6-9, The Square, Stockley Park, Uxbridge FengJia Industrial Zone, Airport Road, YinZhou District,
Hang Fung Industrial Building, No, 2G Hok Yuen Street, Hoboken, NJ 07030 US UB111FW, United Kingdom NingBo, ZheJiang. (2nd Floor, Next to FengJia Primary School)
Hung Hom, Kowloon, Hong Kong Tel: 1-201-6562077 Tel: 044-2034275006 Ext: 5007
Tel: (852)-27736401 / 2 (8 lines) Fax: (852)-27736403 E-mail: contact@creativeconceptsusa.com E-mail: chris.green@creativeconceptsmfg.net
E-mail: Inquiry@creativeconceptsmfg.net
Exhibit I
1/5/2018 China Wholesale Supplier
Case 2:18-cv-00084 Document - Online1-11
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shoppingFiled
01/05/18 Pagewith
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PageID - TinyDeal
#: 120
Tinydeal.com is a global China wholesale / retail online shop which offer high quality products like android smartphone phones, tablet pcs, car accessories, Apple & Samsung accessories,
fashion clothing and more. TinyDeal help customers to shop cheap electronic gadgets with confidence.As a famous China electronics supplier, TinyDeal hosts over 80000+ products in a
wide range of categories with free shipping, shop now to find the favorite deals for you and your family. Whether you want to find daily necessity electronic products or memorable fashion
gifts, you can buy them at TinyDeal with discount price.
Copyright © 2018 TinyDeal Direct Online Store.
Exhibit J
Exhibit K
Solyman Najimi <sol5377@gmail.com>
Infringement T akedown Notice

1 message
Solyman Najimi <solyman@tubshroom.com> Tue, Nov 28, 2017 at 3:15 PM

To: sales@tinydeal.com
To Whom it May Concern:
Our company is the "TubShroom" Trademark and Patent holder. The listing below is infringing on our Intellectual Property rights in the USA and around
the world. We demand that the listing be taken down immediately.
https://m.tinydeal.com/product/Bathroom-Hair-Catcher-TPR-2-Stand-Up-Shower-Stall-Drain-Protector-Hair-Catcher-Strainer-Snare-p-170350?gclid=
CjwKCAiAr_TQBRB5EiwAC_QCq04v857UKDSMr8JJ2boBrGc_rXXGQBabjLSDnqjV8uDQ6fiGomfYcRoCNdkQAvD_BwE
If the listing is not taken down within 24 hours, we will have choice but to begin legal proceedings in the Eastern District of New York against your
company.
Solyman Najimi, Esq.

Attorney at Law
Office: (631) 393-0986
solyman@tubshroom.com
www.TubShroom.com
TubShroom® – A Revoluon in Drain Prot econ

Exhibit L
Trademark and Copyright Infringement

2 messages
Solyman Najimi <solyman@tubshroom.com> Thu, Nov 30, 2017 at 2:53 PM

To: info@serverloft.com
Greetings,
I represent Juka Innovations Corporation, the owners of the "TubShroom" Trademark, Copyrights, and Design Patent Registrations. You may find Juka
Innovations Corporation's Copyright protected materials at www.TubShroom.com
You may download a copy of the Trademark registration (Reg. No. 4,972,762) here:
https://www.dropbox.com/s/r3fthrp871hzwgf/TubShroom%20Trademark.zip?dl=0
You may download a copy of the Design Patent registration (Reg. No. US D785,767 S) here:
https://www.dropbox.com/s/ndlpigb7uct5951/Design%20TS%20USPTO%20Official%20D785767S.pdf?dl=0
The url below has infringing items listed, which is on servers hosted by your company. We ask that these items be taken down immediately.
https://www.tinydeal.com/bathroom-hair-catcher-tpr-2-shower-stall-drain-protector-strainer-snare-p-170810.html?gclid=EAIaIQobChMIoKWCl_
7m1wIVxISzCh0Aeg2gEAQYBiABEgIQ9vD_BwE&ship_to=US&currency=USD
My full contact information is available below.
I have a good faith belief that the disputed use of the material described above is not authorized by the copyright, trademark, or patent holder.
The above information is accurate, under penalty of perjury, and I am authorized to act on behalf of the copyright, trademark, and patent holder whose
exclusive right is infringed.
Kindly let me know when this is taken down.

Attorney at Law
707 Broadhollow Rd Ste 22
Farmingdale, NY 11735
Office: (631) 393-0986
www.TubShroom.com
SERVERLOFT - Sales Team <sales@serverloft.com> Thu, Nov 30, 2017 at 3:15 PM

To: solyman@tubshroom.com
Hi ,
Thank you for your request. Please forward your complaint with the IP address hosting the links to abuse@serverloft.com. Thank you.
Best regards,
Christian Effenberger
How do you feel about the help you received?
It was great!
It did the job!
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United States of America
Exhibit M
Infringement T akedown
1 message
Solyman Najimi <solyman@tubshroom.com> Thu, Nov 30, 2017 at 2:44 PM

To: infringementreport@paypal.com
Hello,
Please see the attached infringement report and kindly take action. Thanks.
The infringing content is located here:
https://www.tinydeal.com/bathroom-hair-catcher-tpr-2-shower-stall-drain-protector-strainer-snare-p-170810.html?gclid=EAIaIQobChMIoKWCl_
7m1wIVxISzCh0Aeg2gEAQYBiABEgIQ9vD_BwE&ship_to=US&currency=USD
Our Trademark details can be downloaded here:
https://www.dropbox.com/s/r3fthrp871hzwgf/TubShroom%20Trademark.zip?dl=0
Our Design Patent registration is attached.
Thank you.

Attorney at Law
Office: (631) 393-0986
www.TubShroom.com
TubShroom® – A Revoluon in Drain Prot econ
3 attachments
infringement.jpg
350K
Design TS USPT O Official D785767S (7).pdf

282K
infringementreport_T ubShroom_( 3)_(1).pdf
25K
Exhibit N
12/3/2017 GmailCase
- Order 2:18-cv-00084
Acknowledgement for Order# 3700076865150003114138
Document 1-16 Filed from TinyDeal Direct
01/05/18 Page Online Store
2 of 3 (TransactionID:
PageID #: 2BF991920E888723U)
146
Solyman Najimi < >
Order Acknowledgement for Order# 37000768651500031 14138 from T inyDeal Direct

Online Store (T ransactionID: 2BF991920E888723U)
1 message
TinyDeal Direct Online Store <sales@tinydeal.com> Sun, Dec 3, 2017 at 4:36 PM

Reply-To: sales@tinydeal.com
To: max porter < >
Order Confirmation from TinyDeal Direct Online Store
Dear max porter :
Thank you for ordering from TinyDeal.com! Please check your order below, or view your account for a detailed summary:
https://my.tinydeal.com/summary
You may check your order status here: https://my.tinydeal.com/order-manager
1. Before processing your order, we may need your payment confirmation. Once payment is confirmed, we will notify you
via email and begin processing your order for shipment.
2. If you paid with PayPal successfully, you would receive the "Receipt for your payment" email. If you have not received,
please contact us https://help.tinydeal.com/contact-us
--------------------
Order Number: 3700076865150003114138
Date Ordered: Monday 04 December, 2017
Detailed Invoice: https://my.tinydeal.com/order-detail
Delivery Address
--------------------
Address left on paypal
Item(s) in Order
--------------------
Package Ship from United States:
1 x Bathroom Hair Catcher TPR 2" Shower Stall Drain Protector Strainer SnareHHI-538242-AM = $4.22
--------------------
---------
Sub Total:$4.22
Registered Air Mail$0.00
Total:$4.22
Payment Method
---------
PayPal
-----
This email address was given to us by you or by one of our customers. If you feel that you have received this email in
error, please send an email to sales@tinydeal.com
-----
Copyright (c) 2017 TinyDeal Direct Online Store:www.tinydeal.com Powered by tinydeal.com:https://tinydeal.com
https://mail.google.com/mail/u/0/?ui=2&ik=916880d2a4&jsver=oadh6Bq9AQ8.en.&view=pt&search=inbox&th=1601e4f6ff41b06b&siml=1601e4f6ff41b… 1/1
12/3/2017 GmailCase
- Order2:18-cv-00084
Acknowledgement for Order# 7180076865090003114138
Document 1-16 Filed from TinyDeal Direct
01/05/18 Page Online
3 ofStore (TransactionID:
3 PageID 8HG60471HA67287…
#: 147
Solyman Najimi < >
Order Acknowledgement for Order# 71800768650900031 14138 from T inyDeal Direct

Online Store (T ransactionID: 8HG60471HA672871T)
1 message
TinyDeal Direct Online Store <sales@tinydeal.com> Sun, Dec 3, 2017 at 4:33 PM

Reply-To: sales@tinydeal.com
To: max porter < >
Order Confirmation from TinyDeal Direct Online Store
Dear max porter :
Thank you for ordering from TinyDeal.com! Please check your order below, or view your account for a detailed summary:
https://my.tinydeal.com/summary
You may check your order status here: https://my.tinydeal.com/order-manager
1. Before processing your order, we may need your payment confirmation. Once payment is confirmed, we will notify you
via email and begin processing your order for shipment.
2. If you paid with PayPal successfully, you would receive the "Receipt for your payment" email. If you have not received,
please contact us https://help.tinydeal.com/contact-us
--------------------
Order Number: 7180076865090003114138
Date Ordered: Monday 04 December, 2017
Detailed Invoice: https://my.tinydeal.com/order-detail
Delivery Address
--------------------
Address left on paypal
Item(s) in Order
--------------------
Package Ship from United States:
1 x Bathroom Hair Catcher TPR 2" Shower Stall Drain Protector Strainer SnareHHI-538242-AM = $4.22
--------------------
---------
Sub Total:$4.22
Registered Air Mail$0.00
Total:$4.22
Payment Method
---------
PayPal
-----
This email address was given to us by you or by one of our customers. If you feel that you have received this email in
error, please send an email to sales@tinydeal.com
-----
Copyright (c) 2017 TinyDeal Direct Online Store:www.tinydeal.com Powered by tinydeal.com:https://tinydeal.com
https://mail.google.com/mail/u/0/?ui=2&ik=916880d2a4&jsver=oadh6Bq9AQ8.en.&view=pt&search=inbox&th=1601e4c4c051c678&siml=1601e4c4c05… 1/1

Juka Innovations v. TinyDeal Trading - Complaint

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Juka Innovations v. TinyDeal Trading - Complaint

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Case 2:18-cv-00084 Document 1 Filed 01/05/18 Page 1 of 44 PageID #: 1

UNITED STATES DISTRICT COURT

COMPLAINT FOR COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT,

(collectively, “Defendants”) alleges as follows:

1. This is an action for:

States, 17 U.S.C. § 101 et seq.;

States, 15 U.S.C. § 1051 et seq.;

(iii) counterfeiting arising under 15 U.S.C. § 1114(1)(b);

U.S.C. § 101 et seq.;

VAu001283876 entitled “TubShroom Collateral 2016;” Reg. No. VAu001263568 entitled

3. An example of the Visual Material is shown in the photographs below (which

fully discussed below):

plumbing drains; Plumbing fittings, namely, sink strainers; Plumbing supplies,

namely, sink strainers;”

plumbing drains; Plumbing fittings, namely, sink strainers; Plumbing supplies,

namely, sink strainers;” and

plumbing drains; water stoppers for plumbing drains”

are attached hereto as Exhibit B.

Common Law Trademarks are referred to herein as the “Juka Trademarks.”)

herein as the “Juka Ornamental Rights.”

9. Defendants violated Juka’s exclusive rights in the Visual Material, in violation of

Defendants publicly displayed; without Juka’s permission.

and tub strainers; without Juka’s permission.

on the physical products themselves). Moreover, Defendants reproduced, counterfeited, copied, or

reproduction, counterfeit, copy, or colorable imitation to advertisements used and/or intended to

mistake, or to deceive, i.e., the Infringing Strainers (as defined below).

12. Defendants engaged in unfair competition in violation of Section 43(a) of the

offered for sale and/or sold in the United States.

sold in the United States.

a disgorgement of Defendants’ profits from their unfair competition.

18. On information and belief, Defendant Tinydeal is a foreign corporation

19. On information and belief, Defendant Fastlink Global is a domestic corporation

Ste. 301, New York, NY 10002.

North Tucker Blvd., Suite 910, St. Louis, MO 63101.

23. On information and belief, John Does #1 – 10 are residents of China.

JURISDICTION AND VENUE

1121 and 28 U.S.C. §§ 1331, 1338 and 1367.

trademark infringement, trademark counterfeiting, unfair competition and patent infringement in

NY 10002 (see, e.g., Exhibit E).

contributed to and/or induced acts of copyright infringement, trademark infringement, trademark

the State of New York.

infringement, trademark infringement, trademark counterfeiting, unfair competition and patent

acts of Federal copyright infringement, trademark infringement, trademark counterfeiting, unfair

corporations which are subject to this Court’s personal jurisdiction.

(as are, on information and belief, Defendants John Does #1—10).

I. Juka’s Intellectual Property Rights

33. On or about September 28, 2015, Juka’s predecessors-in-interest launched a

KICKSTARTER® campaign to market their unique products.

34. Initially seeking only a modest fundraising target of $12,000, this

attached hereto as Exhibit F.

35. Through various other crowdfunding platforms, Juka’s predecessors-in-interest

demand for Juka’s novel products.

products. In particular, Juka owns:

and legally issued to Juka, namely:

(a) January 3, 2017 with respect to Copyright Reg. No. VAu001283873;

(c) January 3, 2017 with respect to Copyright Reg. No. VAu001283876;

(ii) various trademark rights relating to Juka’s “MUSHROOM” Brand including:

proverbial “woodwork” in an effort to unlawfully knock-off Juka’s innovative products –

infringing the Juka Ornamental Rights.

II. Articulation of Juka’s Ornamental Rights

Juka’s Ornamental Rights, including:

(i) an overall “mushroom shape” design;

(ii) a rounded “mushroom cap” shaped top portion;

(iii) a plurality of rounded holes in the “mushroom cap” evocative of the