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Case 1:18-cv-00012-BRW Document 1 Filed 02/13/18 Page 1 of 15

FILED
EAST~~t.P~YJmYJrCA~l/ll.tSAs

IN THE UNITED STATES DISTRICT COUR'QAMES


FOR THE EASTERN DISTRICT OF ARKANStBJ:--~--------~
NORTHERN DIVISION DEP CLERK
3K, FEB 1 3 2018
CLERK

SUNDESA, LLC, a Utah limited liability


company,

Plaintiff,
COMPLAINT ~
V.
Case No. \.\~CV l(l -fJ~
EURARK, L.L.C., d/b/a LIFEPLUS
INTERNATI ONAL, an Illinois limited JURY TRIAL DEMANDED
liability company,
This case assigned to District Judge ~ ; \ S un
Defendant.
and.toMagistrate
.
Judge \:fi) fJi,\ (

COMPLAINT

Plaintiff Sundesa, LLC ("Sundesa") complains against defendant Eurark, L.L.C. d/b/a

Lifeplus International ("Eurark" or "Defendant), for the causes of action alleged as follows:

THE PARTIES

1. Sundesa is a limited liability company duly organized and existing under the laws

of the State of Utah, with its principal place of business located at 250 South 850 East, Lehi,

Utah 84043.

2. Sundesa alleges Eurark, L.L.C. is a limited liability company organized and

existing under the laws of the State of Illinois.

3. Sundesa alleges Lifeplus International is a fictitious name used by Eurark in

Arkansas, where Eurark operates a regular and established place of business located at 50

Industrial Drive, Batesville, Arkansas 72501.

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JURISDICTION AND VENUE

4. This is a civil action arising under the patent laws of the United States, including,

but not limited to, 35 U.S.C. §§ 1, et seq., including 35 U.S.C. § 271.

5. This is also a civil action for trademark infringement arising under the Lanham

Act of 1946, as amended, 15 U.S.C. § 1114, et seq.

6. This is also a civil action for trademark infringement and false designation of

origin arising under the Lanham Act, 15 U.S.C. § 1125(a).

7. This is also a civil action for unfair competition arising under the common law of

the State of Arkansas.

8. This Court has original jurisdiction over the subject matter of this action pursuant

to 28 U.S.C. § 1331, 28 U.S.C. § 1338(a), and 15 U.S.C. § 1121. This Court has related claim

jurisdiction over the state law claims pursuant to 28 U.S.C. § 1338(b) and 28 U.S.C. § 1367.

9. This Court has personal jurisdiction over Eurark because Eurark has purposely

availed itself of the privileges and benefits of the laws of the State of Arkansas.

10. On information and belief, Eurark does, and has done, substantial business in this

judicial district, including: (i) being registered with the secretary of state to do business under the

name Eurark, L.L.C., as well as the following fictitious names: Lifeplus International, Distinctive

Marketing Company, Life Plus USA, and Prohealth/Life Plus International; (ii) advertising and

selling infringing products, including at least counterfeit shaker cups; (iii) regularly doing

business, or soliciting business, by virtue of nationwide sales and offers to sell through Eurark's

interactive and commercial websites, including but not limited to: https://us.lifeplus.com/us-en,

which direct Eurark's services and products to Arkansas residents; and (iv) engaging in other

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persistent courses of conduct, and/or deriving substantial revenue from products and/or services

provided to persons in this District and State.

11. This Court's exercise of personal jurisdiction over Eurark is consistent with the

Constitutions of the United States and the State of Arkansas.

12. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391 and 1400.

FACTUAL BACKGROUND

13. Sundesa, the global leader in portable mixing products, manufactures and sells,

inter alia, Blender Bottle® brand shaker cups.

14. Sundesa's technological innovations are protected by, inter alia, a portfolio of

utility and design patents, including United States Utility Patent No. 6,379,032 (the "'032

Patent") and United States Design Patent No. D510,235 (the "'235 Design Patent) (collectively

the "Asserted Patents").

15. Sundesa has appropriately marked all products embodying the claims of the

Asserted Patents since their introduction to the market.

16. Sundesa is the exclusive licensee of the Asserted Patents and has been granted all

rights thereunder, including the right and standing to enforce the Asserted Patents and recover

damages for infringement thereof.

17. Defendant is in the business of selling nutritional products and supplements.

Defendant also sells, and offers for sale, counterfeit shaker cups with a whisk type ball that

embody at least claims 15 and 17 of the '032 Patent and allow users to perform the methods

claimed in at least claims 18 and 20 of the '032 Patent (the "Accused Products").

18. Each of the Accused Products also embody the claimed design of the '235 Design

Patent.

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19. Defendant markets, describes, encourages, and instructs its customers to use the

Accused Products to mix ingredients in such a way as to perform the claimed methods set forth

in claims 18 and 20 of the '032 Patent.

20. For example, on its website, Defendant instructs its customers that the Accused

Products are "Great for quickly blending Daily BioBasics, Daily Plus, Triple Protein Shakes,

Colon Formula, Real NRG or any other powdered drink."

21. Use of any of Defendant's Accused Products infringes the '032 Patent.

22. The Accused Products have no substantial non-infringing uses.

23. The design of each Accused Products is substantially the same as the design that

is the subject matter of the '235 Design Patent.

24. Furthermore, the design of each of the Accused Products is so similar to the

design that is the subject matter of the '235 Design Patent that customers are likely to be

deceived and persuaded to buy the Accused Products thinking they are actually buying products

protected by the '235 Design Patent.

25. On information and belief, Defendant had pre-suit knowledge of the '032 Patent

and the '235 Design Patent at least because of Sundesa's marking of its products embodying the

claims of the Asserted Patents.

26. On August 23, 2017, Sundesa mailed Defendant a cease and desist demand letter

along with a courtesy copy of the Asserted Patents.

27. Accordingly, Defendant has had knowledge of the Asserted Patents at least since

August 23, 2017.

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28. Sundesa is also the exclusive licensee of several federally registered trademarks

including the BLENDER BOTTLE® trademark, United States Trademark Registration No.

3,471,977 (hereinafter the "Asserted Trademark").

29. Sundesa has developed recognition and goodwill for the products sold under the

Asserted Trademark among both Sundesa's immediate customers and the consuming public,

generally.

30. As a result of, among other things, Sundesa's substantial investment in the

Asserted Trademark, and the products marketed thereunder, the consuming public recognizes the

Asserted Trademark, and associates products and features bearing that mark with a single source,

namely Sundesa.

31. Defendant makes, sells, offers for sale, and imports the Accused Products and

uses the Asserted Trademark to market the Accused Products.

32. Specifically, Defendant markets the accused product, at least on its website, as a

"Lifeplus Blender Bottle."

33. Sundesa has not licensed Defendant any rights in or to the Asserted Trademark

and Defendant does not have any right or authority to use, market, display, or sell products that

depict that trademark.

34. Defendant's sale, marketing, and manufacturing of the Accused Products under

the Asserted Trademark has an effect on interstate commerce.

35. Defendant's use of marks that are identical to the Asserted Trademark in

marketing its Accused Products creates confusion as to the source of the Accused Products,

leading customers to believe that they are in fact made, or authorized, by Sundesa.

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36. On information and belief, Defendant had pre-suit knowledge of the Asserted

Trademark at least because of Sundesa's cease and desist letters.

37. On August 23, 2017, along with its cease and desist letter, Sundesa mailed

Defendant a courtesy copy of the registration certificate for the Asserted Trademark.

38. Accordingly, Defendant has had knowledge of the Asserted Trademark since at

least August 23, 2017.

39. Sundesa has suffered cognizable injury as a result of Defendant's infringing

activities.

40. Sundesa has suffered injury in fact and has lost money or property as a result of

Defendant's unfair and unlawful business practices in the form of damage to its good will, lost

sales, price erosion, and other actual damages.

FIRST CLAIM FOR RELIEF


(Infringement of the '032 Patent)

41. By this reference Sundesa realleges and incorporates the foregoing paragraphs as

though fully set forth herein.

42. Defendant has directly infringed and continues to directly infringe the '032 Patent

under 35 U.S.C. § 271(a) by using, selling, offering for sale, and importing the Accused Product

within the United States.

43. Defendant has had, and continues to have, the specific intent to induce its

customers, or users of its products, to infringe the '032 Patent. For example, Defendant instructs

its customers, or users of the Accused Products, to use them to mix ingredients according to the

claimed methods of the '032 Patent.

44. Defendant's customers, or users of the Accused Products, do, in fact, infringe the

'032 Patent.

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45. Defendant has known, or should have known, that its customers, or users of its

products, infringe the '032 Patent.

46. The Accused Products are especially made to be used, and are in fact used, by

customers, or users, of the Accused Products, in a way that infringes the '032 Patent.

47. The Accused Products have no substantial non-infringing uses.

48. Defendant has indirectly infringed and continues to indirectly infringe the

Asserted Patents under 35 U.S.C. §§ 271(b) and (c) by actively inducing infringement of, and

contributorily infringing, the '032 Patent.

49. Despite its knowledge of the '032 Patent, Defendant has continued to infringe,

and induce others to infringe, the '032 Patent.

50. The conduct of Defendant, as set forth hereinabove, gives rise to a cause of action

for infringement of the '032 Patent, pursuant to at least 35 U.S.C. §§ 271and281.

51. Defendant has manufactured, used, imported, sold, and offered for sale the

Accused Products despite an objectively high likelihood that its actions constitute infringement

of the '032 Patent.

52. Defendant's manufacture, use, importation, sale, and offer for sale of Accused

Products have been both willful and deliberate.

53. Defendant's acts of infringement have caused damage to Sundesa.

54. Sundesa is entitled to recover the damages sustained as a result of Defendant's

wrongful acts in an amount subject to proof at trial.

55. Defendant's infringement of Sundesa's rights under the '032 Patent will continue

to damage Sundesa's business causing irreparable harm for which there is no adequate remedy at

law, unless it is enjoined by this Court.

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56. By reason of the foregoing, Sundesa is entitled to monetary relief and injunctive

relief against Defendant, pursuant to 35 U.S.C. §§ 283-85, as more fully set forth herein below.

SECOND CLAIM FOR RELIEF


(Infringement of the '235 Design Patent)

57. By this reference Sundesa realleges and incorporates the foregoing paragraphs as

though fully set forth herein.

58. Defendant has infringed, and continues to infringe the '235 Design Patent by

making, using, offering to sell, selling, or importing the Accused Products, in this District and

elsewhere in the United States, the design of which is substantially the same as the ornamental

design of the '235 Design Patent.

59. Defendant's actions constitute infringement of the '235 Design Patent in violation

of 35 U.S.C. § 271.

60. Sundesa has sustained damages and will continue to sustain damages as a result of

Defendant's aforementioned acts of infringement.

61. Sundesa is entitled to recover damages sustained as a result of Defendant's

wrongful acts in an amount to be proven at trial.

62. Defendant's infringement of Sundesa's rights under the '235 Design Patent will

continue to damage Sundesa's business, causing irreparable harm for which there is no adequate

remedy at law, unless Defendant is enjoined by this Court.

63. Defendant has willfully infringed the '235 Design Patent, entitling Sundesa to

increased damages under 35 U.S.C. § 284 and to attorneys' fees and costs incurred in

prosecuting this action under 35 U.S.C. § 285.

64. Alternatively, Plaintiff is entitled to recover Defendant's total profits from its sale

of the Accused Products under 35 U.S.C. § 289.

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THIRD CLAIM FOR RELIEF


(Federal Trademark Infringement of the BLENDER BOTTLE® Trademark)

65. By this reference Sundesa realleges and incorporates the foregoing paragraphs as

though fully set forth herein.

66. Defendant's use of the BLENDER BOTTLE® Trademark is likely to cause

confusion, mistake or deception as to the source, origin, affiliation, connection, or association of

the Accused Products with Sundesa, or as to the approval of the Accused Products by Sundesa,

and thus constitutes infringement under Section 32 of the Lanham Act, 15 U.S.C. § 1114.

67. Defendant's infringement of the BLENDER BOTTLE® Trademark negatively

affects Sundesa's business in the United States and around the world.

68. Sundesa alleges, on information and belief, Defendant's infringement of the

BLENDER BOTTLE® Trademark has taken place with full knowledge of Sundesa's marks,

including Sundesa's incontestable BLENDER BOTTLE® mark, and, therefore, has been

intentional, deliberate, and willful.

69. Defendant's violation of 15 U.S.C. § 1114 has caused Sundesa to suffer damages

and irreparable harm.

70. By reason of the foregoing, Sundesa is entitled to monetary and injunctive relief

pursuant to 15 U.S.C. §§ 1116-1118, as more fully set forth herein below.

FOURTH CLAIM FOR RELIEF


(Federal Trademark Infringement, False Designation, and Unfair Competition with
Respect to the Asserted Trademark)

71. By this reference Sundesa realleges and incorporates the foregoing paragraphs as

though fully set forth herein.

72. As a result of the continuous use and promotion of Sundesa's Asserted

Trademark, the Asserted Trademark has acquired strong goodwill and secondary meaning to

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consumers and potential customers in that consumers and potential customers have come to

associate the Asserted Trademark with Sundesa.

73. Defendant's use of the Asserted Trademark is likely to cause confusion, mistake,

or deception as to the source, origin, affiliation, connection or association of the Accused

Products with Sundesa, or as to the approval of the Accused Products by Sundesa, and thus

constitutes trademark infringement, false designation of origin, and unfair competition with

respect to the Asserted Trademark in violation of Section 43(a) of the Lanham Act, 15 U.S.C. §

1125(a).

74. Defendant's actions have taken place with full knowledge of the Asserted

Trademark and therefore have been intentional, deliberate, and willful.

75. Defendant's violation of 15 U.S.C. § 1125(a) has caused Sundesa to suffer

damages and irreparable harm.

76. By reason of the foregoing, Sundesa is entitled to monetary and injunctive relief

pursuant to 15 U.S.C. §§ 1116-1118, as more fully set forth herein below.

FIFTH CLAIM FOR RELIEF


(Arkansas Common Law Trademark Infringement and Unfair Competition)

77. By this reference Sundesa realleges and incorporates the foregoing paragraphs as

though fully set forth herein.

78. Defendant, by its actions set forth hereinabove, has engaged in intentional

business acts or practices that are unlawful, unfair, and/or fraudulent, including the infringement

of the Asserted Trademark.

79. Defendant's use of the Asserted Trademark is likely to cause confusion, mistake,

or deception as to the source, origin, affiliation, connection, or association of the Accused

Products with Sundesa, or as to the approval of the Accused Products by Sundesa.

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80. Defendant's actions constitute intentional and willful unfair competition and

palming off in violation of the common law of Arkansas. As explained above, Sundesa has

invested a substantial amount of time, skill and money in its services and in developing its

Asserted Trademark. Defendant's acts and conduct in using the Asserted Trademark were

committed without the authorization or consent of Sundesa at little or no cost to Defendant.

81. By virtue of the acts complained of herein, Defendant has willfully and

intentionally caused a likelihood of confusion among the purchasing public in this Judicial

District and elsewhere, thereby unfairly competing with Sundesa in violation of the common law

of the State of Arkansas.

82. By reason of the foregoing, Sundesa has suffered damages and irreparable harm.

83. By reason of the foregoing, Sundesa is entitled to, at least, damages from

Defendant

PRAYER FOR RELIEF

WHEREFORE, Sundesa prays for judgment against Eurark as follows:

A. A judgment finding Eurark liable for infringement of one or more of the claims of

the '032 Patent;

B. A judgment finding Eurark liable for infringement of the claims of the '235

Design Patent;

C. An order of this Court directing Eurark to make an accounting for the total

number of Accused Products that it used, made, had made, sold, offered for sale, or imported

into the United States;

D. Orders of this Court temporarily, preliminarily, and permanently enjoining

Eurark, its agents, servants, and any and all parties acting in concert with any of them, from

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directly or indirectly infringing in any manner any of the claims of the Asserted Patents, pursuant

to at least 35 U.S.C. § 283;

E. An award of damages adequate to compensate Sundesa for Eurark's infringement

of the '032 Patent, in an amount to be proven at trial;

F. An award of damages adequate to compensate Sundesa for Eurark's infringement

of the '235 Design Patent, in an amount to be proven at trial, or in the alternative, an award of

Eurark's total profits under 35 U.S.C. § 289;

G. An award of treble Sundesa's damages, pursuant to at least 35 U.S.C. § 284;

H. A declaration that this is an exceptional case and that Sundesa be awarded its

attorney fees and expenses, pursuant to at least 35 U.S.C. § 285;

I. An award of Sundesa's costs in bringing this action, pursuant to all applicable

state statutory and common law, including at least 35 U.S.C. § 284;

J. A judgment finding Eurark liable for infringement of the BLENDER BOTTLE®

trademark, unfair competition, and unfair, deceptive, or misleading practices in violation of

Arkansas common law.

K. A judgment finding Eurark liable for infringement of the BLENDER BOTTLE®

trademark in violation of Arkansas common law.

L. A judgment finding Eurark liable for unfair competition under the Lanham Act.

M. A judgment finding Eurark liable for unfair competition and palming off in

violation of Arkansas common law.

N. An order of this Court temporarily, preliminarily, and permanently enjoining

Eurark, its principals, agents, and servants, and any and all persons or entities acting in concert

with any of them from directly or indirectly infringing in any manner Sundesa's Asserted

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Trademark in connection with the Asserted Products or otherwise, pursuant to at least Section

34(a) of the Lanham Act, 15 U.S.C. § 1116(a);

0. An order of this Court temporarily, preliminarily, and permanently enjoining

Eurark, its principals, agents, and servants, and any and all persons or entities acting in concert

with any of them from producing, manufacturing, marketing, advertising, promoting, offering for

sale, selling, or distributing products, including the Defendant's products marketed in connection

with the Asserted Trademark, pursuant to at least Section 34(a) of the Lanham Act, 15 U.S.C. §

1116(a);

P. An order of this Court directing Eurark to destroy its entire stock of Accused

Products, together with all labels, signs, prints, packages, wrappers, receptacles, and

advertisements, as well as all plates, molds, matrices, or other means of making the same

pursuant to at least Section 36 of the Lanham Act, 15 U.S.C. § 1118;

Q. For damages in an amount to be proven at trial for trademark infringement under

15 u.s.c. § 1114;
R. For damages in an amount to be proven at trial for false designation of origin

under 15 U.S.C. § 1125(a);

S. For damages in an amount to be proven at trial for unfair competition and

trademark infringement under Arkansas common law;

T. An award of Eurark's profits in an amount to be proven at trial, pursuant to at

least 15 U.S.C. § 1117(a);

U. An award of three times Eurark's profits or Sundesa's damages, whichever is

greater, pursuant to at least Section 35(b) of the Lanham Act, 15 U.S.C. § 1117(b);

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V. An award of punitive damages, pursuant to all applicable state statutory and

common law;

W. An award of Sundesa's costs in bringing this action, pursuant to all applicable

state statutory and common law, including at least 15 U.S.C. § 1117(a);

X. An award of Sundesa's attorney fees, pursuant to agreement or all applicable state

statutory and common law, including at least Sections 35(a) and (b) of the Lanham Act, 15

U.S.C. § 1117(a);

Y. An imposition of constructive trust on, and an order requiring a full accounting of,

the sales made by Eurark as a result of its wrongful or infringing acts alleged herein;

Z. Prejudgment interest, pursuant to at least Section 35(b) of the Lanham Act, 15

U.S.C. § 11l7(b);

AA. An award of Sundesa's attorneys' fees, pursuant to all applicable state statutory

and common law;

BB. Prejudgment interest, pursuant to at least 35 U.S.C. § 284;

CC. Post-judgment interest, pursuant to at least 28 U.S.C. § 1961(a); and

DD. For such other and further relief as the Court deems just and equitable.

[This space intentionally left blank]

II

II

II

II

II

II

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DEMAND FOR JURY

Sundesa demands TRIAL BY JURY of all claims and issues so triable.

DATED: February 13, 2018 Respectfully submitted,

BY:
.. s le Hudson, Ark. Bar No. 2007136
Andrew King, Ark. Bar No. 2007176
124 W. Capitol Avenue, Suite 2000
Little Rock, AR 72201
Telephone: (501) 975-3108
Facsimile: (501) 975-3001
ashley.hudson@kutakrock.com
andrew.king@kutakrock.com

and

Larry R. Laycock, Utah Bar No. 4868


(Pro Hae Vice Forthcoming)
MASCHOFF BRENNAN
111 South Main Street, Suite 600
Salt Lake City, Utah 84111
Telephone: (801) 297-1850
Facsimile: (435) 252-1361
llaycock@mabr.com

Attorneys for Plaintiff Sundesa, LLC

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1s44 (Rev.o6mJ CIVIL COVER SHEET \ J ~C v) d.
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by Jaw, except as
provided by local rules ofcourt. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXf PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS


SUNDESA LLC, a Utah limited liability company, EURARK, L.L.C., d/b/a LIFEPLUS INTERNATIONAL, an Illinois
limited liability company,
(b) County of Residence of First Listed Plaintiff Utah County, UT County of Residence ofFirst Listed Defendant Independence County, AR
(EXCEPT IN U.S. PLAIN71FF CASES) (IN US. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

( C) Attorneys (Firm Name, Address, and Telephone Numher) Attorneys (If Known)
Ashfey Welch Hudson and P. Andrew King, Kutak Rock LLP, Ste. 2000,
124 West Capitol Avenue, Little Rock, Arkansas 72201-3706
(501) 975-3000
II. BASIS OF JURISDICTION (Place an "X" in One Box Only! III. CITIZENSHIP OF PRINCIPAL p ARTIES (Place an "X" in One Box for Plaintiff
(For Diversity Cases Only) and One Box/or Defenda/I/)
0 1 U.S. Government ~ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Go1•emmenr Nor a Party) Citizen of This State 0 1 0 1 Incorporated or Principal Place 0 4 ~4
of Business In This State

0 2 U.S. Government 0 4 Diversity Citizen of Another State 0 2 0 2 Incorporated and Principal Place ~ 5 0 5
Defendant (Indicate Ci11zenship of Parties in Item Ill) of Business In Another State

0 3 0 3 Foreign Nation 0 6 0 6

IV NATURE OF SUIT (Place an "X" in One Box Only) c1·IC kh ere tior: N atureo fS.·llltCo
'd e Descnot1ons.
I CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES l
0 110 Insurance PERSONAL INJURY PERSONAL INJURY 0 625 Drug Related Seizure o 422 Appeal 28 use I 58 0 375 False Claims Act
0 120 Marine 0 310 Airplane 0 365 Personal Injury - of Property 21 USC 881 0 423 Withdrawal 0 376 Qui Tam (31 USC
0 130 Miller Act 0 315 Airplane Product Product Liability 0 690 Other 28 USC 157 3729(a))
0 140 Negotiable Instrument Liability 0 367 Health Care/ 0 400 State Reapportionment
0 150 Recovery of Overpayment 0 320 Assault, Libel & Phannaceutical y Ull~L.I "S
0 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 0 820 Copyrights 0 430 Banks and Banking
0 151 Medicare Act 0 330 Federal Employers' Product Liability ~ 830 Patent 0 450 Commerce
0 152 Recovery of Defaulted Liability 0 368 Asbestos Personal 0 835 Patent - Abbreviated 0 460 Deportation
Student Loans 0 340 Marine Injury Product New Drug Application 0 4 70 Racketeer Influenced and
(Excludes Veterans) 0 345 Marine Product Liability 0 840 Trademark Conupt Organizations
0 15 3 Recovery of Overpayment Liability PERSONAL PROPERTY . 4 K. . K !lrti:(l("'f.4 ,.u. 0 480 Consumer Credit
of Veteran's Benefits 0 350 Motor Vehicle 0 370 Other Fraud 0 710 Fair Labor Standards 0 861 HIA (1395ft) 0 490 Cable/Sat TV
0 160 Stockholders' Suits 0 355 Motor Vehicle 0 3 71 Truth in Lending Act 0 862 Black Lung (923) 0 850 Securities/Commodities/
0 190 Other Contract Product Liability 0 380 Other Personal 0 720 Labor/Management 0 863 DIWC/DIWW (405(g)) Exchange
0 195 Contract Product Liability 0 360 Other Personal Property Damage Relations 0 864 SSID Title XVI 0 890 Other Statutory Actions
0 196 Franchise Injury 0 385 Property Damage 0 740 Railway Labor Act 0 865 RSI (405(g)) 0 891 Agricultural Acts
0 362 Personal Injury - Product Liability 0 751 Family and Medical 0 893 Environmental Matters
Medical Malpractice Leave Act 0 895 Freedom of lnfonnation
I REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 0 790 Other Labor Litigation FEDERAL TAX SUITS Act
0 210 Land Condemnation 0 440 Other Civil Rights Habeas Corpus: 0 791 Employee Retirement 0 870 Taxes (U.S. Plaintiff 0 896 Arbitration
0 220 Foreclosure 0 441 Voting 0 463 Alien Detainee Income Security Act or Defendant) 0 899 Administrative Procedure
0 230 Rent Lease & Ejectment 0 442 Employment 0 510 Motions to Vacate 0 871 IRS-Third Party Act/Review or Appeal of
0 240 Torts to Land 0 443 Housing/ Sentence 26 use 7609 Agency Decision
0 245 Tort Product Liability Accommodations 0 5 30 General 0 950 Constitutionality of
0 290 All Other Real Property 0 445 Amer. w/Disabilities - 0 535 Death Penalty IMMIGRATION State Statutes
Employment Other: 0 462 Naturalization Application
0 446 Amer. w/Disabilities - 0 540 Mandamus & Other 0 465 Other Immigration
Other 0 550 Civil Rights Actions
0 448 Education 0 555 Prison Condition
0 560 Civil Detainee -
Conditions of
Confinement

V. 0 RIG IN (Place an "X" in One Box Only)


ll'( 1 Original 0 2 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict 0 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specifY) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
VI. CAUSE OF ACTION 35 USC Sections 271 283 284 285 and 289· Lanham Act of 1946 15 U.S.C. Section 1125·
Brief description of cause:
This is a case for atent and desi n atent infrin ement, and trademark infrin ement.
VII. REQUESTED IN 0 CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.RCv P 75,000.00 JURY DEMAND: ~Yes ONo

VIII. RELATED CASE(S)


(See instmclions):
IFANY DOCKET NUMBER
DATE
02/13/2018
FOR OFFICE USE ONLY

RECEIPT# AMOUNT APPL YING IFP JUDGE MAG.JUDGE