ANGELA VIDAL, ESQ.

A t t o r n e y a t Law 201 S t r y k e r s Road S u i t e 19-155 P h i l l i p s b u r g , New J e r s e y 08865 (908)884-1841 t e l e p h o n e (908)859-3201 f a c s i m i l e A t t o r n e y f o r P l a i n t i f f , K i n e k t D e s i g n , LLC

UNITED STATES D I S T R I C T COURT D I S T R I C T OF NEW JERSEY

KINEKT DESIGN, LLC,

C I V I L CASE NO. VERIFIED COMPLAINT

Plaintiff, vs. ARNOLD VAGTS, Defendants.

COMPLAINT FOR PATENT, TRADEMARK AND COPYRIGHT INFRINGEMENT Plaintiff, liability Verified follows: JURISDICTION AND 1. This i s an a c t i o n injunctive VENUE trademark damages and c o p y r i g h t to 15 Kinekt Design, LLC, a New Jersey limited

corporation, Complaint

by and t h r o u g h

i t s attorney,

b y way o f s a y s as

against

t h e Defendant,

A r n o l d Vagts,

f o rpatent, and

infringement, U.S.C. 1114,

relief

pursuant

15 U.S.C. 1125,

35 U.S.C. 271, e t s e q . a n d 17

U.S.C. 5 0 1 , e t s e q . conferred upon this

Subject Court

matter

jurisdiction

i s therefore

pursuant

t o t h e p r o v i s i o n s o f 28

U.S.C. 1331 a n d 28 U.S.C. 1338. 2. because conduct and This Court Defendant business has p e r s o n a l j u r i s d i c t i o n h i s business within over t h e Defendant towards, and district were, and

directs with, that

activities this

consumers

judicial action

t h eproducts

are the subject o f this

c o n t i n u e t o be, s o l d 3. Venue

t o consumers i n t h e S t a t e o f New J e r s e y . i n this part judicial district giving under 28

i s proper

U.S.C. 1391, as a s u b s t a n t i a l the claims occurred to sell, i n this products within

o f t h e events Defendant

rise t o

district, that this

has s o l d , and Plaintiff's conducts

continues patent

infringe district,

upon

and trademark activities

Defendant this

infringing the

and causes

harm w i t h i n

d i s t r i c t and the

property that

i sthe subject o f this are situated

action, i n this

the patent, district.

trademark

and t h e c o p y r i g h t ,

THE PATENT, TRADEMARK AND COPYRIGHT 4. Office On June 7, 2 0 1 1 , t h e U n i t e d S t a t e s P a t e n t a n d T r a d e m a r k d u l y and l e g a l l y referred i s s u e d U n i t e d S t a t e s P a t e n t No. D639,199 t o as t h e " P a t e n t " ) of an t o Glen Liberman and gear Mr. ring Hopson

(hereinafter Ben Hopson

f o r t h e design referred

ornamental Ring"). t o t h e Patent

(hereinafter assigned

t o as t h e "Gear and i n t e r e s t

a l l right,

title

t o Kinekt

Design,

LLC.

photographic

exemplar

o f t h e Gear

Ring i s hereto

a t t a c h e d h e r e t o as " E x h i b i t A" a n d t h e P a t e n t as " E x h i b i t B." 5. marketing Ring. 6. the Plaintiff Ring has an a d d i t i o n a l (Rotational utility Plaintiff and o t h e r has placed a notice

i s attached

of

said

Patent

on

informational

material related

t o t h e Gear

patent

pending f o r and

Gear

education

entertainment

t h e r a p e u t i c d e v i c e ) , which

has r e c e i v e d n o t i c e o f p u b l i c a t i o n o f and Trademark States Office. and

a p p l i c a t i o n from t h e United States Patent 7. On June 12, 2011, t h e

United

Patent

Trademark O f f i c e Number 4157820

duly to

and l e g a l l y Kinekt

issued LLC

trademark f o r the

Registration Gear Ring

Design,

(hereinafter the United

referred States

t o as t h e " T r a d e m a r k " ) . and Trademark Office

On May also

1 , 2012, duly and

Patent

legally

issued

trademark

R e g i s t r a t i o n Number

4134362

t o Kinekt

D e s i g n , LLC f o r "Kinekt". Customs and Border Patrol

" K i n e k t " has a l s o been s u b m i t t e d f o r protection under CBP Recordation

Number TMK 8. trademark ("CBP"), CBP

12-00693. has a l s o submitted t h e Gear Ring and B o r d e r registered Protection assigned 2012, as

Plaintiff

t o the United Intellectual Number

States

Customs Rights

Property

Branch,

a n d was July 6,

Recordation

TMK-12-00687

effective

well

as

submitted

t h e Gear

Ring

mark

a n d t h e Kinekt

mark

pursuant 9.

t o t h e WIPO M a d r i d On A u g u s t

Protocol. obtained a registered the United on

3 1 , 2012, P l a i n t i f f

copyright, States

R e g i s t r a t i o n Number TX0007566733, Office of

through

Copyright

a l l t h e content referred

contained

Kinektdesign.com

(hereinafter

t o as t h e " C o p y r i g h t " ) ,

w h i c h i n c l u d e s images o f t h e Gear Ring. 10. Plaintiff has f o l l o w e d each and every legal avenue

available t o i t t o protect i t s intellectual property THE 11. as of Plaintiff, Kinekt PARTIES

rights.

D e s i g n , LLC ( h e r e i n a f t e r i s a limited

referred t o company

"Kinekt" t h e State

or the "Plaintiff") o f New J e r s e y

liability place

with i t s principal

o f business

l o c a t e d a t 184 S o u t h L i v i n g s t o n Avenue, S u i t e 9-239, L i v i n g s t o n , New J e r s e y 12. 07039. Defendant, Arnold Vagts, "gear i s an i n d i v i d u a l products from that a has

been p u r c h a s i n g in China

counterfeit

ring"

factory

and t h e n a d v e r t i s i n g ,

marketing,

offering

f o r sale,

selling States Patent,

and d i s t r i b u t i n g and i n t h i s

t h e s e c o u n t e r f e i t products district,

i n the United o f Kinekt's

judicial

i n violation

Trademark and C o p y r i g h t . FACTS COMMON TO A L L COUNTS

13. money

Plaintiff

has expended a s i g n i f i c a n t t o develop,

amount

o f time,

and o t h e r

resources

produce,

a d v e r t i s e and

otherwise steps the

promote

t h e Gear

Ring

and

has and

taken

any

and a l l

necessary Gear

to protect both in

i t srights this

interests and

i n and t o

Ring, has

country

internationally. t h e Gear Ring as

Plaintiff for all is

e x t e n s i v e l y marketed

and p r o m o t e d

many y e a r s

a n d each and e v e r y Gear Ring p r o d u c t , as w e l l advise- o f t h e f a c t and Trademark, a l l Gear that t h e Gear

promotional materials, protected by the

Ring

Patent

and Ring

Plaintiff's images are

website

clearly

indicates

that

p r o t e c t e d by t h e C o p y r i g h t . 14. its as its Plaintiff i s a small, start-up company seeking t o grow

business well as

b a s e d on i t s i n g e n u i t y i t sexpenditure but has

i n inventing

t h e Gear Ring, to protect i t s full copying

of significant far, failed

resources to reach

invention, profit

thus

business of

potential design duplicate products. has to and

because name,

of constant manufacturing

unlawful of

Plaintiff's which

counterfeit and sales

products of

P l a i n t i f f s patented

design,

counterfeit 15.

Plaintiff commerce

been

using and

the

Gear

Ring

mark

in

interstate product third

identify

distinguish

Plaintiffs

and t h e mark has n e v e r Plaintiff

been a s s i g n e d

o r l i c e n s e d t o any quality

party.

prides i t s e l f to detail

on i t s use o f h i g h

materials

and a t t e n t i o n

i n t h e manufacture

o f t h e Gear

Ring, and b e c a u s e o f i t s u n i q u e n e s s and t h e s u p e r i o r q u a l i t y o f the m a t e r i a l s u s e d t o c o n s t r u c t t h e Gear Ring, P l a i n t i f f sells

the

Gear

Ring

at

price

of

One

Hundred

Sixty-Five Dollars

($165.00) p e r 16.

ring. other and individuals and entities have

Unfortunately, a unique a

d i s c o v e r e d what is and how to

interesting

product

t h e Gear Ring and have and

much o f

demand t h e r e on

i s f o r the efforts

product in

decided

capitalize the in Gear China

Plaintiff's In have Ring,

inventing are

developing factories Plaintiff's shoddy

Ring. that Gear

particular, found using a

there way

several duplicate and

to

patented

inferior sell

materials

construction. on

These

factories

these

counterfeit for

"gear r i n g " p r o d u c t s one-tenth of these (1/10) sales

the I n t e r n e t ,

o f t e n t i m e s i n batches, Gear Ring. the are The

t h e cost o f a genuine take place through

majority known as

websites online

Aliexpress.com or e-commerce

and/or Alibaba.com, sites Third and catering parties,

which to in

marketplace Chinese Chinese or of as

predominantly this case, on the the

manufacturers. factories, Alibaba, Aliexpress Alipay. post and or The

advertise their sales are

products by

Aliexpress operators known

the

processed their

Alibaba orders

and/or are

payment fulfilled

processor, and the

then

products

d e l i v e r e d by t h e t h i r d p a r t i e s a d v e r t i s i n g t h e p r o d u c t s . 17. which on, Purchasers of these by the counterfeit Chinese "gear ring" and products, advertised the

were m a n u f a c t u r e d purchased

factories

and

f r o m , A l i e x p r e s s and

Alibaba, then r e - s e l l

counterfeit or

products

on U n i t e d

States-based

online

marketplace Amazon, i s what

e-commerce s i t e s , f o rhalf

such as eBay, G o o g l e , C r a i g ' s o f a g e n u i n e Gear Ring. case. the prevalence of

List, This

etc.,

the price

D e f e n d a n t has done i n t h i s 18. Plaintiff's Plaintiff, copying products. to contact Because product of

infringement suffered

of by

and t h e r e s u l t a n t i s vigilant design line in

damage b e i n g searching

Plaintiff

f o r unlawful counterfeit

of i t s

product

and s a l e s

o f these

Plaintiff's first the website

o f d e f e n s e i n each i n s t a n c e i s the advertisements of these and and

where

counterfeit rightful request products proof and

products of

are located, the Patent,

prove

i t i s the lawful and Copyright the

owner removal

Trademark

o f the advertisements With each such

offering

infringing submits

f o r sale.

request,

Plaintiff as

o f i t s Patent,

Trademark

and/or C o p y r i g h t ,

applicable,

the website t y p i c a l l y 19. At the time

investigates the matter. the website typically receives the infringement through that the is the

complaint website's allegedly basis The

from DMCA

Plaintiff, form,

submitted

the website the

informs of

the party

committing

infringement

the complaint,

o f the complaint gives

and b y whom t h e c o m p l a i n t party

has been made. to defend

website

the offending

the a b i l i t y

against the claimed

i n f r i n g e m e n t and/or c o n t r i b u t e

i n some o t h e r

manner t o t h e w e b s i t e ' s

i n v e s t i g a t i o n of the complaint.

20. fact, at

The

website

will

then

verify

that

Plaintiff

is, in property that that the

the lawful

and r i g h t f u l

owner o f t h e i n t e l l e c t u a l committing

i s s u e and n o t i f i e s conducting

t h e user

the infringement determined and that

after

i t s investigation, claim is

i t has valid

Plaintiff's advertisement of and Plaintiff's every

infringement i s being

removed

because

o f t h e user's As such,

violation on each

intellectual

property rights.

occasion removal the

where P l a i n t i f f

has s u b m i t t e d a c o m p l a i n t and the infringing of the party, i n

requested this

o f an a d v e r t i s e m e n t , Defendant, is

case,

advised

infringement

complaint, of

t h e b a s i s f o r t h e i n f r i n g e m e n t c o m p l a i n t and t h e name the infringement complaint. refuse t o and/or

the party i n s t i t u t i n g 21.

T h e r e a r e t i m e s , h o w e v e r , when t h e w e b s i t e s with respect to Plaintiff s rights and

take the

any a c t i o n user

complaints simply

disregards to a

Plaintiff's different

moves i t s URL on t h e

advertisement same w e b s i t e . file was

website

or d i f f e r e n t

On t h e s e

occasions,

Plaintiff The

has been first

forced t o action

litigation filed

t o enforce

i t sr i g h t s .

such

by P l a i n t i f f LLC

i n t h e summer

o f 2 0 1 1 a n d was v. V e r l y n was Kelly

captioned Mason,"

"Kinekt Case

Design,

and Glen

Liberman Plaintiff

No.

2:ll-cv-04658. relief

granted

permanent

injunctive July a/k/a

i n that matter. "Kinekt

The s e c o n d case was f i l e d i n Design, LLC v. John That Doe 1

2012 and i s c a p t i o n e d

K i m b e r M. , e t a l s " , Case No. 2:12-cv-04549.

8

case i s

c u r r e n t l y pending above and as

and

has The

named t h e C h i n e s e f a c t o r i e s third Design, case LLC was v. filed Kevin

referenced 2012 als.",

Defendants.

i n August et

i s captioned

"Kinekt

Aizic,

Case No.

2:12-cv-05942. late July was

T h a t case i s a l s o c u r r e n t l y 2012, Plaintiff a discovered on

pending. that the a user

22. I n known as

"avagts"

advertising The ring

"Gear R i n g "

website an the image this

known as C r a i g s l i s t . c o m . exact image from duplicate included Plaintiffs of in

being o f f e r e d Gear the

f o r s a l e was Ring, and

Plaintiff s the

patented was the

advertisement A copy of

copyrighted print of

website.

screen C."

advertisement 23. off as a and to The

i s a t t a c h e d h e r e t o as " E x h i b i t advertisement Gear two was

a t t e m p t i n g t o pass directed the sizes

the

product to "see The image of

genuine offered

Ring, (2) use that

viewers for

Kinekt" reference from

different of

sale.

" K i n e k t " and reveals

Plaintiff s seller and

copyrighted well

i t s website

the

was

aware

Plaintiff s intellectual such s i n c e P l a i n t i f f s indicate that the Gear

property rights and

his infringement of

website

a l l other marketing materials patent, trademark

Ring i s p r o t e c t e d by

and c o p y r i g h t . 24. determine had ever Plaintiff searched through the last and its sales records or to

w h e t h e r anyone w i t h purchased a Gear

name " A v a g t s " could not find

"Vagts" any such

Ring

purchase.
9

25.

Plaintiff

therefore

initiated

complaint by "avagts"

with was by of

Craigslist.com infringing selling a upon

advising that Plaintiff's

the advertisement Patent, that Trademark was an

and C o p y r i g h t duplicate

counterfeit

product

exact

Plaintiff's to sell

patented product, using

Plaintiff's

t r a d e m a r k e d name Kinekt As a

t h e product, passing

the product

o f f as a g e n u i n e

Gear Ring a n d u s i n g P l a i n t i f f ' s with a l l such complaints,

c o p y r i g h t e d image t o do s o . notified "avagts" that that

Craigslist

c o m p l a i n t h a d been s u b m i t t e d b y P l a i n t i f f a l l e g i n g was i n f r i n g i n g and and that upon P l a i n t i f f ' s Patent,

"avagts"

T r a d e m a r k and C o p y r i g h t , Upon i n f o r m a t i o n

i t w o u l d be i n v e s t i g a t i n g "avagts"

the claim.

belief,

d i d n o t respond

i n any way t o C r a i g s l i s t ' s

notification. 26. it Craigslist.com investigated a n d , as i s t h e p r o t o c o l "avagts" infringing that upon Plaintiff's claim, found

t o be v a l i d advised was

when such c o m p l a i n t s a r e revealed that

filed, "avagts"

i t s investigation Plaintiff's was

Patent,

Trademark because

Copyright of that

and t h a t

h i s advertisement property

being rights

removed

intellectual then removed

infringement. from i t s website that "This

Craigslist.com and in

the advertisement a notice

i t s place,

posted

stating

advertisement 27. another On

has been f l a g g e d f o r r e m o v a l . " or about October on 3, 2012, Plaintiff discovered mech

advertisement

Craigslist.com f o r a
10

"Rotating

ring".

The

advertisement

stated

that that

the ring the The

was

"similar was

to from was

www.kinektdesign.com", Anaheim selling which copy

indicated

seller

and i n c l u d e d a t e l e p h o n e t h e " R o t a t i n g mech half ring"

number.

advertisement Dollars Gear

f o r Eighty

($80.00), Ring. A

i s less than of the, s c r e e n

the price of

o f a genuine

print

this

advertisement

is

attached

h e r e t o as " E k h i b i t 28. compared Plaintiff this and

D." keeps a record number that was of with i t was removed a l l infringements past instances seller and of from

telephone determined

infringement^ July

t h e same as a

2012 /whose

advertisement

result

of the

infringement.

A search

o f the telephone

number

revealed that i t

belonged t o Defendant, A r n o l d Vagts. 29. and fact use that The of advertisement's reference to Plaintiff's i n addition removed due website t o the t o the was

Plaintiff's

copyrighted

image, been

the prior

advertisement that this

had

infringement,

evidences

instance

of infringement full

clearly w i l l f u l the

and i n t e n t i o n a l , property

and made w i t h

knowledge o f afforded to

intellectual

right

protections

Plaintiff. 30. Plaintiff once again was initiated a complaint with as p e r the

Craigslist.com, Craigslist.com's

the seller policy

notified after

of the complaint investigation,

and,

a d v e r t i s e m e n t was removed f o r i n f r i n g e m e n t .
11

31. Plaintiff "avagl427" website s a l e was and the

Shortly

thereafter, that a a

on

or

about selling

October under

10, the

2012, name

discovered was

user

advertising as Ebay.com. duplicate

" R o t a t i n g Mechanical Again, the ring being

Ring"

on t h e

known

offered f o r Gear one copy Ring, of of the the as

an e x a c t image

of P l a i n t i f f ' s patented advertisement website. is was A

included from this

i n the

copyrighted screen print

images of

Plaintiff's advertisement

attached

hereto

"Exhibit E." 32. Plaintiff contacted Paypal, which is eBay.com's

payment p r o c e s s o r directed, infringing product product so. and

and w h e r e i n f r i n g e m e n t r e p o r t s on eBay.com a r e that the seller Patent and known as "avagl427" by selling was a

advised

upon

Plaintiff's an exact

Copyright of

that

was

duplicate from

Plaintiff's

patented t o do had upon be from

and u s i n g an image t a k e n notified

P l a i n t i f f ' s website that he was that a

Paypal/eBay.com

"avagl427" that and

complaint infringing i t would

been s u b m i t t e d b y P l a i n t i f f a l l e g i n g Plaintiff's investigating Patent and Copyright,

the claim. "avagl427"

I n response removed

t o the n o t i f i c a t i o n

Paypal/ebay.com, continued ultimately ($71.00), EBay.com with sold less is an

the copyrighted

image, b u t product and

the advertisement the i n f r i n g i n g than half

of the infringing product of

f o r Seventy-One a and genuine the Gear

Dollars Ring.

the price website

12

auction-type

advertisements

c o n t a i n e d t h e r e o n e x p i r e when t h e a u c t i o n e x p i r e s . a u c t i o n e x p i r e d on O c t o b e r 16, 33. to whom Because an 2012. users to identify

"Avagl427"'s

eBay.com a l l o w s is

the

person that

account was

registered,

Plaintiff

discovered

"avagl427" once a g a i n ever

registered

t o Defendant A r n o l d Vagts.

Plaintiff had

researched a Gear

w h e t h e r any Ring.

member o f t h e V a g t s f a m i l y reviewed Gear Ring

bought

Plaintiff the

a l l i t s sales and found no

records

since

i t began

selling

r e c o r d o f any

p u r c h a s e o f a Gear Ring by A r n o l d V a g t s o r anyone name o f V a g t s . As such, the items being and the sold

else with the l a s t in the two (2)

Craigslist.com advertisements "gear r i n g "

eBay.com

a d v e r t i s e m e n t were c o u n t e r f e i t 34. three (3) At that point,

products. on at least upon his of

D e f e n d a n t had that and/or had been

been a d v i s e d he was

separate Patent,

occasions Trademark

infringing each a of

Plaintiff's

Copyright, removed as

Craigslist.com that as a

advertisements

result

i n f r i n g e m e n t , he result of the the

voluntarily notification

removed t h e from Paypal,

copyrighted but

image

nevertheless in violation Plantiff's of his to his

continued with of the Patent.

sale of the

counterfeit

product

D e f e n d a n t was property right

very

o b v i o u s l y aware o f by virtue

intellectual references sell, to

protections Yet

Plaintiff's to sell,

website.

Defendant and

continued advertise

offer

distribute,

market

13

infringing Plaintiff's 35. sent and

products

in

blatant

disregard rights.

of

the

l a w and

i n t e l l e c t u a l property on O c t o b e r

As a r e s u l t ,

12, 2 0 1 2 , P l a i n t i f f ' s

attorney

a letter desist

t o Defendant

demanding t h a t activities,

he i m m e d i a t e l y c e a s e Plaintiff "gear with an

his infringing

provide

a c c o u n t i n g o f any and a l l s a l e s o f t h e c o u n t e r f e i t provide remove confirm sale and the Plaintiff with a l l t h e "gear advertising never rings" "gear

rings",

i n h i s possession, ring" products, offer f o r products

a l l postings that he w o u l d

any

again market,

advertise, ring"

o r o t h e r w i s e c o m m e r c i a l l y promote provide Plaintiff or with

any "gear

t h e name a n d c o n t a c t from whom he was

information of purchasing the

individual

entity

counterfeit 36.

products. responded by s t a t i n g rights that he was n e v e r made until eBay Gear

Defendant

aware o f a n y i n t e l l e c t u a l contacted Rings. h i m and t h a t

property

violations selling

he was, i n f a c t , Craigslist.com t o re-post that

genuine

He m a i n t a i n e d t h a t he s i m p l y

d i d n o t remove h i s i t a n d , as f o r to the

advertisement, eBay

failed

advertisement, r e i t e r a t e d

he was a t t e m p t i n g jewelry. on t w o

sell

h i s own p e r s o n a l g e n u i n e Gear Ring 37. occasions purchased Defendant's Since whether a Gear Plaintiff

had r e s e a r c h e d the last could

(2) s e p a r a t e had ever purchase, jewelry

anyone w i t h Ring and

name no

"Vagts" such

find

claim that

he was s e l l i n g
14

g e n u i n e Gear Ring

was

obviously

false.

Furthermore,

Defendant's

claim

that

C r a i g s l i s t . c o m had n o t i n f o r m e d h i m o f t h e i n t e l l e c t u a l rights violation and that he had simply not

property his

reposted

advertisement by

was a l s o f a l s e and

since h i s advertisement with a notice

was removed that "This

Craigslist.com

replaced

advertisement 38. counterfeit that from he was

i s f l a g g e d f o r removal". that Defendant had a large quantity of

I t appeared gear r i n g either

p r o d u c t s , and t h e r e f o r e , the rings that

Plaintiff

assumed them of

manufacturing

or purchasing most re-sellers

somewhere "gear

i n bulk. ring"

Knowing

counterfeit factories

products on

purchase

them f r o m Plaintiff

t h e Chinese researched

advertising

Aliexpress.com,

whether Defendant had a p r o f i l e and whether he had ever

on A l i e x p r e s s . c o m anything Vagts V" from on had

o r Alibaba.com those sites.

purchased

Plaintiff's revealed purchases counterfeit 2012,

"buyer a

search" user

f o r Arnold as

Aliexpress.com made several

that from

known

"Arnold

one o f t h e C h i n e s e ring" products. one

factories

that

manufactures on June 6, ring

"gear V."

Specifically, "stainless a factory steel

"Arnold from

purchased

gear

rotatable"

Hui Jewelry

House, Cents

i n China, f o r on June 27, 2012 House

S i x t e e n D o l l a r s and S i x t y - S e v e n " A r n o l d V." p u r c h a s e d for V." t h e same p r i c e purchased ten four

($16.67),

(4) more r i n g s

from Hui Jewelry

p e r i t e m , a n d on September 2 2 , 2012, " A r n o l d (10) more rings

15

f o r Fifteen

Dollars

and

Eighty-Four Defendant's was on

Cents first

($15.84)

piece. f o r the

As "gear

stated ring" two

above, products (2) weeks

advertisement(s) J u l y 17, 2012,

or about "Arnold

a little five (5)

more t h a n

after

V."

purchased and

counterfeit second

rings

from

Aliexpress.com, advertisement rings" were and in two

Defendant's eBay.com beginning

Craigslist.com for the "gear again ten

his the

advertisement of October had

2012, purchased

approximately

(2) weeks a f t e r

" A r n o l d V."

(10) c o u n t e r f e i t " g e a r r i n g s " f r o m 39. and the Shortly after counterfeit r e c e i v e d an from

Aliexpress.com. eBay.com had successful She the had ended

D e f e n d a n t ' s a u c t i o n on shipped to the

product e-mail and

bidder, received broke. and with the

Plaintiff the ring

from t h a t bidder. within a few days

Defendant

ring

Believing requested

i t t o be repair

a genuine

Gear Ring, she of Since from from the ring

e-mailed

Kinekt

or

replacement policy. a

i n accordance no record of

Plaintiff's bidder asked ever where

warranty

t h e r e was the and She t o her as

purchasing she got the

ring ring

Plaintiff, stated she

Plaintiff won an

she

a u c t i o n on with an

eBay h e l d by that had

"avagl427." been sent

also provided from

Plaintiff a/k/a

e-mail The

Defendant,

"avagl427." and

b i d d e r had

inquired

t o payment and i n pertinent PayPal ring so is

delivery, part, as this

t h e r e s p o n s e s e n t by " I am thru. having The co.

Defendant s t a t e d ,

follows: will go

some p r o b l e m s w i t h that sells

16

I hope

the

gear

complaining

about --my best

my

listing

( I d i d n o t p u r c h a s e them f r o m www, k i n e k t d e s i g n ) $100 less (counting tax) than ring. theirs! To the

price o f my

i s over

knowledge i t i s t h e i r s i n c e P a y P a l may therefore

J u s t w a n t t o be u p f r o n t payment." that and he was selling and, in

w i t h you on t h i s 40. the fact, ring

not accept

Defendant without

acknowledged authorization

Plaintiff s

consent

despite

Plaintiffs falsely ring the was

complaint claimed a for genuine less

regarding his infringement. "to the best even of though his he

Defendant knowledge", had

also the

that Gear than

Ring,

purchased

ring

Twenty

Dollars

($20.00)

from a f a c t o r y i n China. 41. resident r i n g " was and The of successful State of bidder New from Defendant's and the auction is a

the

Jersey

counterfeit

"gear

shipped

t o t h e b i d d e r i n New has since sold

Jersey. at

Upon i n f o r m a t i o n one (1) more

belief,

Defendant

least

c o u n t e r f e i t "gear r i n g " t o a buyer 42. infringe, "gear tenth and ring" (1/10) Defendant upon has been

i n New

Jersey. and is continuing to counterfeit for one-

infringing, Patent by

Plaintiff's from

purchasing

products

China

through Aliexpress.com genuine

the cost of P l a i n t i f f ' s advertising, counterfeit

Gear Ring p r o d u c t , and

then marketing, these

offering

f o r sale, selling

distributing or online

products to

through various in the

shopping United of

marketplace These

websites

customers exact

States.

counterfeit

productsare
17

duplicates

Plaintiff s advertised,

patented marketed,

Gear sold

Ring,

and

are being

manufactured, P l a i n t i f fs

and d i s t r i b u t e d

without

a u t h o r i z a t i o n or consent. 43. Defendant has a l s o offering been infringing upon Plaintiffs marketing registered

Trademark by s e l l i n g , and/or advertising

f o r sale, d i s t r i b u t i n g , products using the

"gear

ring"

"Gear Ring" name. 44. Defendant has a l s o offering been infringing upon Plaintiffs marketing

C o p y r i g h t by s e l l i n g , and/or a d v e r t i s i n g

f o r sale, d i s t r i b u t i n g , products

"gear r i n g "

u s i n g c o p y r i g h t e d images

taken from P l a i n t i f f s website. 45. willfully, Plaintiffs Defendant has engaged and w i t h i n these infringing activities

intentionally Patent,

knowledge o f t h e e x i s t e n c e o f that he

Trademark and C o p y r i g h t and t h e f a c t

was c o m m i t t i n g i l l e g a l a c t s . 46. Defendant has r e c e i v e d r e p e a t e d written notice ofh i s

infringement, once from

t w i c e f r o m C r a i g ' s l i s t . c o m , once f r o m eBay.com a n d Plaintiffs attorney, and two (2) of his were

advertisements

have been removed b y t h e w e b s i t e s

where t h e y

p o s t e d because o f s a i d advertisements sales of

i n f r i n g e m e n t , y e t Defendant completed "gear desist at least ring" letter two

re-posted h i s (2) a d d i t i o n a l after having of has

a n d even

the counterfeit the cease from and

products and

received

final

notice

infringement

Plaintiffs
18

attorney.

Defendant

repeatedly

ignored

the

claims

of

infringement

and t h e

infringement i s very obviously w i l l f u l 47. of 35

and i n t e n t i o n a l . i si n violation and upon on

Defendant's i n f r i n g e m e n t o f the Patent U.S.C. 271, i s w i l l f u l Defendant to and will cause

deliberate,

information said Patent

and b e l i e f , and

continue

t o infringe

continue

Plaintiff permanently

immediate, e n j o i n e d by

continuing this Court. 48. violation

and i r r e p a r a b l e

harm

unless

Defendant's o f 15 U.S.C.

infringement 1114,

o f t h e Trademark

i si n

i s willful

and d e l i b e r a t e , and continue t o i n f r i n g e Plaintiff immediate, e n j o i n e d by

upon i n f o r m a t i o n a n d b e l i e f , on said Trademark

Defendant w i l l t o cause unless

and c o n t i n u e harm

continuing this Court. 49. violation

and i r r e p a r a b l e

permanently

Defendant's

infringement

o f t h e Copyright and d e l i b e r a t e , continue

i si n a n d upon on

o f 17U.S.C. 501, i s w i l l f u l and b e l i e f , and Defendant will

information said

t o infringe

Copyright

continue harm

t o cause unless

Plaintiff

immediate, e n j o i n e d by

continuing this Court. 50. been sale,

and i r r e p a r a b l e

permanently

Plaintiff

has s u f f e r e d i n j u r y caused

a n d damages

that

have

directly offer

and p r o x i m a t e l y

by Defendant's

wrongful

o f sale,

distribution,

marketing

and advertisement

19

of

goods

that

infringe

upon

Plaintiff's

Patent,

Trademark and

Copyright. 51. 52. it P l a i n t i f f h a s no a d e q u a t e remedy a t l a w . P l a i n t i f f has r e t a i n e d matter undersigned counsel t o represent counsel a

i n this

and i s o b l i g a t e d

t o pay s a i d

reasonable

f e e f o r such r e p r e s e n t a t i o n . COUNT I Patent Infringement and realleges the allegations

53. contained

Plaintiff i n paragraphs

repeats

1 through

52 above a n d i n c o r p o r a t e s them

as i f f u l l y s e t f o r t h 54. sell Defendant

at length herein. has marketed, patented of a d v e r t i s e d , used, invention within offered t o t h e United Plaintiff s

and s o l d during

Plaintiff's t h e term

States

t h e Patent

without

a u t h o r i t y o r consent 55. written Patent through of Defendant notice, by

in violation

o f 35 U.S.C. 271. of his i n f r i n g e m e n t by Plaintiff's from China,

h a s been made aware

y e t continues

t o infringe "gear which

upon

purchasing

counterfeit website,

rings"

t h e Aliexpress.com patented

a r e exact and then

duplicates marketing, these judicial Gear

Plaintiff's

invention,

advertising, counterfeit district,

using, products

offering

f o r sale States them

and

selling

i n the United t o pass

and i n t h i s off

while

attempting

as g e n u i n e

Ring p r o d u c t s .
20

56. Plaintiff's willful 57.

Defendant's Patent,

repeated

and

continuous of the

violation

of is

despite

notice

infringement,

and i n t e n t i o n a l . Defendant's unlawful actions have caused and a r e

c o n t i n u i n g t o cause u n q u a n t i f i a b l e damages t o P l a i n t i f f . 58. irreparable Plaintiff s Plaintiff injury Patent has due suffered to and w i l l Defendant's continue to suffer of and

infringement

i f t h e Defendant from such c o n d u c t . COUNT I I

i s not p r e l i m i n a r i l y

permanently enjoined

Trademark I n f r i n g e m e n t 59. contained Plaintiff repeats and realleges the allegations them

i n paragraphs 1 through

58 above a n d i n c o r p o r a t e s

as i f f u l l y s e t f o r t h a t l e n g t h h e r e i n . 60. 61. his Plaintiff's Defendant in Trademarksare has u s e d f e d e r a l l y r e g i s t e r e d marks. Ring offer to designate f o r sale,

t h e name Gear with the sale,

product

connection

distribution, his

marketing gain.

a n d a d v e r t i s i n g o f c o u n t e r f e i t goods f o r

own f i n a n c i a l 62.

Plaintiff Trademark. Defendant's with

has

not

authorized

Defendant's

use

of

Plaintiff's 63. in

unauthorized the sale,

use o f P l a i n t i f f ' s f o r sale,

Trademark

connection

offer

distribution,

21

marketing

and

advertising

of

counterfeit

goods

constitutes

D e f e n d a n t ' s use o f P l a i n t i f f ' s 64. is and likely Defendant's t o cause among

registered

t r a d e m a r k i n commerce. Trademark mistake

unauthorized

use o f P l a i n t i f f ' s i s causing confusion,

and a c t u a l l y consumers

deception that or

and/or

i s causing goods

consumers t o from or

believe Plaintiff otherwise

Defendant's that

counterfeit has

originate approved

Plaintiff itself with

authorized,

associated

Defendant's

counterfeit

goods

t h a t bear P l a i n t i f f ' s 65. Defendant's counterfeit replacement from The

Trademarks. among consumers as t o the origin of

confusion

counterfeit

goods i s e v i d e n t as a p u r c h a s e r o f t h e s e contacted "gear Plaintiff ring" she f o r repair or had purchased a genuine

goods has a c t u a l l y of the counterfeit because

Defendant

she b e l i e v e d she h a d p u r c h a s e d

Gear Ring and t h a t t h e s a l e h a d been a u t h o r i z e d b y P l a i n t i f f . 66. has Defendant's unauthorized use o f P l a i n t i f f ' s illegally goodwill. infringed Plaintiff's and Trademark improperly

resulted

i n Defendant

unfairly, name and

benefitting 67. Trademark 68. Plaintiff's willful and

from P l a i n t i f f ' s Defendant has

therefore

i n v i o l a t i o n o f 15 U.S.C. 1114. Defendant's Trademark, repeated despite and and notice continuous violation of

of the infringement, i s this constitutes and

intentional case.

therefore,

exceptional

22

69.

Defendant's

unlawful

actions

have

caused

and a r e

c o n t i n u i n g t o cause u n q u a n t i f i a b l e damages t o P l a i n t i f f . 70. irreparable Plaintiff's Plaintiff injury Trademark has s u f f e r e d due to and w i l l continue t o suffer of and

Defendant's

infringement

i f Defendant

i s not preliminarily

p e r m a n e n t l y e n j o i n e d f r o m such c o n d u c t . COUNT I I I Copyright 71. contained Plaintiff repeats Infringement and realleges the allegations them

i n paragraphs 1 through

7 0 above a n d i n c o r p o r a t e s

as i f f u l l y s e t f o r t h a t l e n g t h h e r e i n . 72. 73. Plaintiff's his Plaintiff's Defendant website Copyright has i s a f e d e r a l l y r e g i s t e r e d mark. a copyrighted image from

taken

and used

i t t o a d v e r t i s e , market and promote Defendant has m i s a p p r o p r i a t e d Plaintiff s ihis this

counterfeit

products.

copyrighted right

content

and i n t e r f e r e d

with

exclusive

t o use t h e c o p y r i g h t e d gain. has

content

for

own c o m m e r c i a l

advantage and f i n a n c i a l 74. Plaintiff

not

authorized

or

consented

to

Defendant's use o f P l a i n t i f f ' s 75. Copyright Defendant has

Copyright. therefore infringed e t . seq. Plaintiff's

i n v i o l a t i o n o f 17 U.S.C. 501,

23

76. Plaintiff's willful 77.

Defendant's Copyright,

repeated despite

and continuous notice

violation

of

o f t h e infringement, i s

and i n t e n t i o n a l . Defendant's unlawful actions have caused and a r e

c o n t i n u i n g t o cause u n q u a n t i f i a b l e damages t o P l a i n t i f f . 78. irreparable Plaintiff s Plaintiff injury Copyright has s u f f e r e d due to and w i l l continue t o suffer of and

Defendant's

infringement

i f Defendantis such c o n d u c t . COUNT I V

not preliminarily

permanently enjoined

from

False Designation of Origin 79. contained Plaintiff repeats and realleges the allegations them

i n paragraphs 1 through

7 8 above a n d i n c o r p o r a t e s

as i f f u l l y s e t f o r t h a t l e n g t h h e r e i n . 80. Defendant's unauthorized Trademark use i n i n t e r s t a t e commerce o f as the

Plaintiffs use of

constitutes infringement, and

as w e l l and

false

descriptions

representations

false

designation 81. of

of origin

i n v i o l a t i o n o f 15 U.S.C. 1125(a). u s e i n commerce o f s u c h or misleading confusion Plaintiff false designations and

Defendant's and

origin

false

descriptions

representations the connection

i slikely

t o cause with

i n consumers as t o and t h e o r i g i n o f such confusion among

o f Defendant

Defendant's consumers.

goods,

and a c t u a l l y i s causing

24

82. and of

Defendant's repeated

and continuous

sale o f i n f r i n g i n g notified

c o u n t e r f e i t goods,despite t h e f a c t the infringement

t h a t he h a s been

and h i s a d v e r t i s e m e n t s

have been removed as

a result of the infringement, 83. Defendant's

i s w i l l f u l and i n t e n t i o n a l . actions have caused and a r e

unlawful

c o n t i n u i n g t o cause u n q u a n t i f i a b l e damages t o P l a i n t i f f . 84. irreparable origin and Plaintiff injury his has s u f f e r e d and w i l l continue to suffer of i f from

due t o t h e D e f e n d a n t ' s false descriptions and

false designation representations enjoined

Defendant

i s not p r e l i m i n a r i l y

and p e r m a n e n t l y

such c o n d u c t . COUNT V Deceptive Trade 85. contained as Plaintiff repeats and Practices realleges the allegations them

i n paragraphs 1 through

84 above a n d i n c o r p o r a t e s

i f f u l l y set forth at length 86.

herein.

D e f e n d a n t ' s use o f t h e "Gear Ring" name i n c o n n e c t i o n offer f o r sale, distribution, and counterfeit and marketing products with and is the and "Gear

with

the sale, of

advertising fraudulent, intention believe Ring"

his infringing and rely being

misleading that consumers

deceptive, on such

made

misrepresentation i s a true

t h a t t h e product product.

o f f e r e d f o rsale

25

87. his

Defendant's

use o f t h e "Gear Ring" name, of Plaintiff's offer copyrighted for sale, and

as w e l l image,

as in

misappropriation with and the

connection marketing product

sale, of

distribution, counterfeit sale or

advertising fraud

his infringing connection

constitutes

in

with

the

a d v e r t i s e m e n t o f goods i n v i o l a t i o n 88. and Defendant's unlawful

o f N.J.S.A. 56:8-2. and d e c e p t i o n has caused

fraud

i s continuing 89.

t o cause u n q u a n t i f i a b l e damages t o P l a i n t i f f . suffered to the and w i l l continue to suffer trade

P l a i n t i f f has injury due

irreparable practices enjoined

Defendant's preliminarily

deceptive and

i f Defendant

i s not

permanently

f r o m such c o n d u c t . COUNT V I U n f a i r Competition

90. contained as

Plaintiff

repeats

and

realleges

the

allegations them

i n paragraphs 1 through set f o r t h at length Defendant conduct

8 9 above a n d i n c o r p o r a t e s

i f fully 91.

herein. i n fraudulent, misleading and gear

has engaged

unlawful

i n attempting

t o pass o f f h i s c o u n t e r f e i t

r i n g p r o d u c t s as P l a i n t i f f ' s 92.

products. these acts willfully and w i t h

D e f e n d a n t has c o m m i t t e d of Plaintiff's has t h e r e f o r e

conscious disregard 93. Defendant

rights. engaged i n unfair o f New competition

in violation

o f t h e common l a w o f t h e S t a t e
26

Jersey.

94. and

Defendant's

unlawful

fraud

and

deception damages t o

has

caused

i s continuing 95.

t o cause u n q u a n t i f i a b l e has to suffered the and

Plaintiff. to suffer i f from

Plaintiff i n j u r y due is not

will

continue

irreparable Defendant

Defendant's u n f a i r and permanently

competition enjoined

preliminarily

such c o n d u c t . COUNT V I I I n t e r f e r e n c e W i t h P r o s p e c t i v e Economic Advantage 96. contained as Plaintiff i n paragraphs repeats and 95 realleges above and the allegations them

1 through

incorporates

i f f u l l y set 97.

f o r t h at length has

herein. a s i g n i f i c a n t amount in developing, and marketing of time,

Plaintiff and other

expended

money

resources

patenting, the Gear from

trademarking, Ring and its

copyrighting, to gain a

advertising

expects

s i g n i f i c a n t economic advantage

efforts. 98. Defendant has interfered with to sell, this economic advantage and

by

selling,

offering counterfeit

distributing, he

marketing has

advertising from China. 99. ring

gear r i n g p r o d u c t s t h a t

purchased

Defendant's and his

sale

and

advertising with

of

counterfeit

gear

products

interference been

Plaintiff s

prospective or

economic excuse.

advantage

has

done

without

justification

27

100. products the cost

Defendant

has

purchased these c o u n t e r f e i t i n China Gear f o r less and

"gear

ring" (1/10) these

from a f a c t o r y of an actual

than one-tenth is re-selling

Ring

counterfeit

p r o d u c t s t o consumers

i n the United

States f o r less

t h a n h a l f t h e p r i c e o f a g e n u i n e Gear Ring. 101. products, do so I f Defendant was not selling counterfeit gear ring would Gear

a l l consumers w i s h i n g Plaintiff,

t o purchase and true

a Gear Ring owner of the

from

the r i g h t f u l and

Ring P a t e n t and T r a d e m a r k ,

Plaintiff advantage.

would thereby gain a l l

t h e s e c u s t o m e r s and an economic 102. Plaintiff's As a result of

Defendant's

interference Plaintiff

with has

prospective

economic

advantage,

s u f f e r e d and w i l l 103. irreparable prospective

c o n t i n u e t o s u f f e r u n q u a n t i f i a b l e damages. has due suffered to the and will continue to suffer with

Plaintiff injury economic

Defendant's

interference

advantage

i f Defendant

i s not

preliminarily

and p e r m a n e n t l y e n j o i n e d f r o m such c o n d u c t . COUNT V I I I Unjust 104. contained Plaintiff i n paragraphs repeats 1 Enrichment and realleges 103 above the and allegations incorporates

through

them as i f f u l l y s e t f o r t h a t l e n g t h 105. Defendant profits from

herein. the sale, offer for gear sale, ring

distribution,

m a r k e t i n g and a d v e r t i s i n g
28

of counterfeit

products Ring. 106.

that

are

exact

duplicates of

P l a i n t i f f s patented

Gear

Defendant and

therefore

receives

benefit

from use of

the the of

duplication trademarked Plaintiffs 107. counterfeit Plaintiffs 108. benefit and

sale of P l a i n t i f f s Ring" name

patented product, and

"Gear

misappropriation

c o p y r i g h t e d images. Defendant products, has use been u n j u s t l y of the Gear enriched Ring by his and sale use of of

name

images, a l l t o t h e d e t r i m e n t o f I t would Defendant be unjust should for not

Plaintiff. to retain to reap this the

Defendant be

permitted

benefits of t h i s wrongful 109. As a result

conduct. of Defendant's conduct, Plaintiff has

s u f f e r e d and w i l l

c o n t i n u e t o s u f f e r u n q u a n t i f i a b l e damages. PRAYER FOR RELIEF prays ON ALL COUNTS and relief against

WHEREFORE, P l a i n t i f f D e f e n d a n t as a. Copyright b. Patent, follows: the

f o r judgment

Adjudging

Plaintiff's enforceable; Defendant and

Patent,

Trademark

and

t o be v a l i d and that and

Adjudging Trademark

the

has

infringed engaged in

Plaintiff's the other

Copyright above;

w r o n g f u l conduct set f o r t h c. Adjudging that

Defendant's

conduct

was

willful

and

intentional;
29

d. privity, directly

That

Defendant, or

and a l l persons participation be p e r m a n e n t l y infringement Patent,

or entities Defendant,

acting i n either

concert

with

or indirectly, to of from the the

enjoined from of, and/or and

infringing, the and

contributing infringement specifically

inducing Copyright,

Trademark

directly

or indirectly selling

manufacturing,

making,

using, marketing, product the embodying

distributing, t h e design

or offering during

f o r s a l e any the l i f e of

o f t h e Patent

Patent,

r e g a r d l e s s o f t h e name b e i n g written authority or any in

used

f o r such

product, and from any o f the

without using

t h e express t h e name

of the Plaintiff similar name, o r

"Gear

Ring,"

Plaintiff's manufacture, e. privity, directly uses

copyrighted

images

connection

with

s a l e , o f f e r f o r s a l e , m a r k e t i n g and/or Defendant, or and a l l persons participation

advertising; acting i n either

That

or entities Defendant,

concert

with

or indirectly,

be r e q u i r e d t o i m m e d i a t e l y of, offers

remove a l l and

o f , references

t o , depictions

f o r sale

advertising which and but and

o f t h e Gear Ring p r o d u c t , r e g a r d l e s s o f t h e name b y a n d a l l u s e s o f t h e Gear Ringname f r o m a n y URLs where such may appear including,

i t i s called, a l l websites

and/or

not limited eBay.com; f. That

t o , Aliexpress.com,

Alibaba.com, C r a i g s l i s t . c o m

any I n t e r n e t

s e r v i c e p r o v i d e r s , merchant and shopping

30

account and

providers,

o n l i n e marketplace

search

engines

websites, including,

as w e l l but

as t h i r d - p a r t y p r o c e s s o r s not limited

and search

engines,

t o , Aliexpress.com, upon request by

Alibaba.com, of Plaintiff, and/or products

Craigslist.com immediately links and/or sale,

and eBay.com, m u s t , any and where

remove

a l l listings counterfeit

Defendant ring"

to his listings u s e o f t h e Gear marketed and/or

"gear

Ring name a r e b e i n g

used,

offered f o r listings be

a d v e r t i s e d and t h a t no longer appear

a l l such

de-indexed removed service marketplace

so t h a t

they

on any s e a r c h a l l such

and/or Internet online as

f r o m any search providers,

r e s u l t s page; merchant

and t h a t

account

providers,

and s h o p p i n g s e a r c h

e n g i n e s and w e b s i t e s , engines, and sites must,

as w e l l

t h i r d - p a r t y processors Plaintiff, infringers ring" immediately and/or

and s e a r c h remove

upon r e q u e s t o f by future "gear used, by

any

a l l listings where

links

to their

counterfeit

products

a n d / o r u s e o f t h e Gear Ringname a r e b e i n g marketed and/or advertised, upon

offered Plaintiff marketing duplicate name; g. derived and

f o r sale, that

proof

the future

i n f r i n g e r i s using, o f f e r i n g f o r sale, a product that is an exact

and/or

advertising

of Plaintiff's

Gear Ring a n d / o r

u s i n g t h e Gear Ring

That from

Defendant h i s patent, ring

provide

an

accounting

of a l l profits

trademark jewelry,

and c o p y r i g h t i n f r i n g e m e n t that Defendant pay such

sales

o f gear

and

31

profits

to

Plaintiff, trebled;

along

with

actual

damages

suffered

by-

Plaintiff,

h. A l t e r n a t i v e l y , amount o f Two i . That removing, records Hundred

that

Plaintiff

be

awarded

damages i n t h e

F i f t y Thousand be prohibited

Dollars

($250,000.00); altering, books to or the of

Defendant or

from destroying, with any

hiding that

otherwise any sale, on

tampering information

contain

relating

importation, all products

distribution, that

m a r k e t i n g and/or a d v e r t i s i n g Plaintiff's Patent,

infringe

Trademark

and/or

Copyright; That for any third party sale providing of payment and "gear credit related ring" card

j . services products,

Defendant's

infringing providers, third

including payment

merchant providers

account and/or

companies,

party

payment such

processors providing as Paypal, Carte Alipay, Bleue,

such s e r v i c e s Visa, CartaSi

f o r eBay and A l i e x p r e s s , moneybookers,

Mastercard, and

Maestro, cease ring

Solo,

PostePay, or

immediately sales of of an gear

rendering products Order, all

such and

services shall, to and upon

f o r purchase receiving or

notice

applicable copies of or

deliver

Plaintiff, records

i t s representative, to Defendant's

documents

relating

purchase

s a l e o f "gear r i n g " k. That

products; pay Plaintiff i t s reasonable attorneys'

Defendant

f e e s and c o s t s p u r s u a n t t o 15 U.S.C. 1117(a);

32

1. m.

Adjudging that this Adjudging that

case be deemed be

exceptional; to deliver to

Defendant

ordered

Plaintiff,

f o r destruction

at Plaintiff's

option,

a l l products

t h a t i n f r i n g e t h e P a t e n t ; and, n. Such o t h e r r e l i e f as t h e c o u r t deems j u s t and p r o p e r .

Dated:

November 9, 2012

A n g e l a V i d a l , Esq. Attorney f o r P l a i n t i f f , K i n e k t D e s i g n , LLC

/s A n g e l a V i d a l By: A n g e l a V i d a l , Esq. 201 S t r y k e r s Road S u i t e 19-155 P h i l l i p s b u r g , New J e r s e y 08865 Telephone (908)884-1841 F a c s i m i l e (908)859-3201

33

LOCAL C I V I L RULE 11.2 I certify that, is not t o the best the o f my of

CERTIFICATION knowledge, t h e m a t t e r i n any other pending or

controversy anticipated nor

subject court known

l i t i g a t i o n i n any any n o n - p a r t i e s action.

or a r b i t r a t i o n to P l a i n t i f f that I recognize a

proceeding, should be

are there i n this

joined

In addition, of this and

continuing and t o amended i n this

obligation serve on

during

t h e course parties

litigation to file the Court an

a l l other i f there

with

certification original Dated:

i s a change

i n the facts

stated

certification. November 9, 2012 A n g e l a V i d a l , Esq. Attorney f o rP l a i n t i f f , K i n e k t D e s i g n , LLC

/s A n g e l a V i d a l By: A n g e l a V i d a l ,

____ Esq.

LOCAL C I V I L RULE 201.1 I subject hereby to certify that the

CERTIFICATION matter i s not and

above-captioned in that

compulsory

arbitration

declaratory

i n j u n c t i v e r e l i e f i s sought.

Dated:

November

9, 2012

A n g e l a V i d a l , Esq. Attorney f o rP l a i n t i f f , K i n e k t D e s i g n , LLC

/s A n g e l a V i d a l By: A n g e l a V i d a l ,
34

Esq.

VERIFICATION

1. that

I , Glen Liberman,

of f u l l

age, h e r e b y v e r i f y o f United States

and s t a t e

I am t h e i n v e n t o r and h o l d e r

P a t e n t Number

D639,199 and t h e s o l e member o f P l a i n t i f f , 2. I have f u l l regarding t h i s 3. that

K i n e k t D e s i g n , LLC.

knowledge o f a l l t h e f a c t s and c i r c u m s t a n c e s

matter. t h e f o r e g o i n g V e r i f i e d C o m p l a i n t and v e r i f y are true based on my own personal

I have r e a d

the contents

thereof

knowledge, e x c e p t belief,

as t o any m a t t e r s

s t a t e d upon i n f o r m a t i o n and

and as t o t h o s e m a t t e r s ,

I b e l i e v e them t o be t r u e b a s e d

on t h e i n f o r m a t i o n a v a i l a b l e t o me. 4. foregoing aware that 1 hereby verify under penalty of perjury that the and I am

s t a t e m e n t s made b y me

a r e t r u e and c o r r e c t statements

i f any o f t h e f o r e g o i n g false,

made by me a r e

f o u n d t o be w i l l f u l l y

I am s u b j e c t t o p u n i s h m e n t .

Glen Liberman Sworn and s u b s c r i b e d b e f o r e me on t h i s

|2-y~4ay o f N o v e m b e r , 2012

My c o m m i s s i o n

expires

AlAN W. PERLBERG NOIARY PU8UC0P NEW JERSEY

My Commissi Expires Feb. 15,2015 ID #2071681

35