UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TENNESSEE

KNOXVILLE DIVISION
BREATHE ECIGS CORP,
Plaintiff,
v.
BREATHE LLC,
Defendant.

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Civil Action No. ________________

COMPLAINT
Plaintiff Breathe eCigs Corp (hereinafter Plaintiff), in support of its claims against
Defendant Breathe LLC (hereinafter Defendant), alleges the following:
PARTIES
1.

Plaintiff, Breathe eCigs Corp, is a corporation of the State of Nevada having its

principal place of business at 9921 Lani Lane, Knoxville, Tennessee 37932.

2.

On information and belief, Defendant, Breathe LLC, is a Florida limited-liability

company having a principal place of business located at 3050 Dyer Boulevard, No. 106,
Kissimmee, Florida 34741. On information and belief, Defendant also maintains places of
business at 8167 Main Street, Suite 206, Ellicott City, Maryland 21043, and 1400 Mount
Jefferson Road, Suite 7, West Jefferson, North Carolina, 28694.
JURISDICTION AND VENUE
3.

This is an action for trademark infringement arising under common law, for unfair

competition arising under 15 U.S.C. 1125(a) and at common law, for a Declaratory Judgment

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that United States Trademark Registration No. 4,633,887 is not infringed by Plaintiff, and for
cancellation of United States Trademark Registration No. 4,633,887.
4.

This Court has subject matter jurisdiction over Plaintiffs claims for trademark

infringement, unfair competition, declaratory judgment, and cancellation pursuant to 15 U.S.C.

1119 and 1121, and 28 U.S.C. 1331, 1332, 1338, 2201, and 2202.
5.

On information and belief, Defendant has advertised and sold products within this

judicial district. Accordingly, this Court has personal jurisdiction over the Defendant.
6.

Venue is proper in this judicial district pursuant to 28 USC 1391.

STATEMENT OF FACTS

7.

Plaintiff is in the business of developing, manufacturing, and selling electronic

cigarettes, propylene glycol and vegetable glycerin based liquid for electronic cigarettes, and
other related accessories for electronic cigarettes. Since at least as early as May of 2013,
Plaintiff, and/or its predecessors in interest, has marketed and sold its electronic cigarettes and
related products in interstate commerce using the trademark BREATHE.
8.

Plaintiff is the owner of the domain name breathecig.com and advertises and

sells its products via an internet web page located at http://www.breathecig.com. A printout of
Plaintiffs website, showing Plaintiffs BREATHE trademark, is attached hereto as Exhibit A.
9.

Plaintiff has spent considerable time, effort, and expense promoting, advertising,

and popularizing its BREATHE trademark throughout the United States, with the result that
the purchasing public has come to know, rely upon, and recognize Plaintiffs BREATHE
trademark as an indicator of the source of the goods offered and sold thereunder. Plaintiff has
established valuable goodwill in its BREATHE trademark.

Accordingly, Plaintiff has

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developed common law trademark rights in its BREATHE trademark, and such trademark is
lawfully entitled to a broad ambit of protection against infringing uses.
10.

On information and belief, Defendant is a direct competitor of Plaintiff. More

specifically, on information and belief, Defendant is in the business of selling propylene glycol
and vegetable glycerin based liquid for electronic cigarettes.
11.

On information and belief, Defendant is the owner of the domain name

breatheic.com and advertises and sells its products via an internet web page located at
http://www.breatheic.com under the mark BREATHE INTELLIGENT CIGARETTE &
Design and/or similar variations thereof.

A printout of Defendants website, showing

Defendants BREATHE INTELLIGENT CIGARETTE & Design mark, is attached hereto as

Exhibit B.
12.

On information and belief, Defendant is the owner of United States Trademark

Registration No. 4,633,887, which was registered on November 4, 2014. A copy of United
States Trademark Registration No. 4,633,887 (hereinafter the 887 Registration) is attached
hereto as Exhibit C. The 887 Registration issued from U.S. Application Serial No. 86/076,790
(hereinafter the 790 Application), an intent-to-use federal trademark application filed on
September 27, 2013.
13.

The 790 Application was filed subsequent to the first use of Plaintiffs

BREATHE trademark.

Accordingly, Plaintiff has superior priority in its BREATHE

trademark over any constructive use afforded to Defendants BREATHE INTELLIGENT

CIGARETTE & Design mark by virtue of the September 27, 2013 filing date of the 790
Application.

Furthermore, the 887 Registration indicates Defendants BREATHE

INTELLIGENT CIGARETTE & Design mark was first used in interstate commerce on April

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22, 2014, after the first-use date of Plaintiffs BREATHE trademark in interstate commerce.
Thus, the first use of Plaintiffs BREATHE trademark predates both Defendants constructive
use and Defendants actual first use of BREATHE INTELLIGENT CIGARETTE & Design,
and Plaintiff has superior trademark rights in its BREATHE trademark over Defendants
BREATHE INTELLIGENT CIGARETTE & Design mark.
14.

Defendants BREATHE INTELLIGENT CIGARETTE & Design mark

incorporates a phonetically identical variation of Plaintiffs BREATHE trademark and is

confusingly similar to Plaintiffs BREATHE trademark.
15.

Defendants

goods

associated

with

the

BREATHE

INTELLIGENT

CIGARETTE & Design mark and the goods set forth in the 887 Registration, namely,
Cartridges sold filled with propylene glycol for electronic cigarettes; cartridges sold filled with
vegetable glycerin for electronic cigarettes, are confusingly similar to Plaintiffs goods.
16.

Defendants goods are likely to be purchased by the same consumers who

purchase and/or use Plaintiffs goods.

17.

Defendants unauthorized use of its BREATHE INTELLIGENT CIGARETTE

& Design mark, a mark which is confusingly similar to Plaintiffs BREATHE trademark, in
connection with the sale of products which are confusingly similar to Plaintiffs products, is
likely to cause confusion among consumers and misrepresents the origin of the goods and
services offered by the Defendant. Purchasers, potential purchasers and others are likely to
mistakenly believe that the Defendants goods offered under the mark BREATHE
INTELLIGENT CIGARETTE & Design are produced, sponsored, endorsed, or approved by
Plaintiff, or are in some way affiliated, connected, or associated with Plaintiff, causing damage

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and injury to Plaintiff. Such conduct by the Defendant has irreparably harmed, and continues to
irreparably harm, Plaintiff.
18.

On or about August 5, 2015, Plaintiff received a letter dated July 21, 2015 from

counsel for Defendant alleging that Plaintiff is infringing Defendants trademark.

On

information and belief, in this letter, Defendant, by and through its counsel, alleges that
Plaintiffs use of its BREATHE trademark constitutes infringement of alleged trademark rights
held by Defendant in its BREATHE INTELLIGENT CIGARETTE & Design mark. A copy
of this letter is attached hereto as Exhibit D.
19.

In the letter, Defendant demanded, among other things, that Plaintiff provide a

full accounting of all monies associated with your business and that Plaintiff
remove/deactivate your website.

Such demands were backed by the threat of litigation.

Accordingly, an actual case or controversy exists between the parties.

20.

Continued registration of the BREATHE INTELLIGENT CIGARETTE &

Design mark would confer upon Defendant statutory presumptions to which it is not entitled in
view of Plaintiffs prior use of its BREATHE trademark, resulting in further damage and
injury to the Plaintiff.
COUNT I
TRADEMARK INFRINGEMENT
21.

The allegations of paragraphs 1 through 20 above are restated and incorporated

herein by reference.
22.

Defendants unauthorized use of marks which incorporate phonetically identical

variations of Plaintiffs BREATHE trademark, and/or which are confusingly similar to

Plaintiffs BREATHE trademark (i.e. BREATHE INTELLIGENT CIGARETTE & Design

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and/or similar variations thereof), in connection with the sale of products which are confusingly
similar to Plaintiffs products, is likely to cause confusion of purchasers and the public in
general, to cause mistake and to deceive the purchasing public and others. These acts constitute
infringement of Plaintiffs trademark rights in its BREATHE trademark arising under common
law.
23.

On information and belief, Defendants acts of trademark infringement were

committed with the willful and knowing intent to cause confusion and mistake and to deceive the
public.
24.

Defendants acts of trademark infringement have irreparably damaged Plaintiff.

25.

It would be difficult to ascertain the amount of compensation which could afford

Plaintiff adequate relief for such acts. Accordingly, Plaintiffs remedy at law is not adequate to
compensate it for injuries threatened.
COUNT II
UNFAIR COMPETITION
26.

The allegations of paragraphs 1 through 25 above are restated and incorporated

herein by reference.
27.

Defendants unauthorized use of marks which incorporate phonetically identical

variations of Plaintiffs BREATHE trademark, and/or which are confusingly similar to

Plaintiffs BREATHE trademark (i.e. BREATHE INTELLIGENT CIGARETTE & Design
and/or similar variations thereof), in connection with the sale of products which are confusingly
similar to Plaintiffs products, constitutes a false designation of origin which is likely to cause
confusion, to cause mistake, and to deceive the public and potential customers as to the
affiliation, connection or association of Defendant with Plaintiff and as to the origin,

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sponsorship, or approval of Defendants goods and/or services by Plaintiff. These acts are in
violation of 15 U.S.C. 1125(a), in that Defendant has used in connection with goods and
services a false designation of origin and a false or misleading description and representation of
fact which is likely to cause confusion, and to cause mistake, and to deceive as to the affiliation,
connection, or association of Defendant with Plaintiff and as to the origin, sponsorship, and
approval of Defendants goods, services and commercial activities by Plaintiff. Such activities
by Defendant also constitute acts of common law unfair competition.
28.

Defendants acts of federal and common law unfair competition were committed

with the intent to cause confusion and mistake and to deceive the public.
29.

Defendants acts of federal and common law unfair competition have damaged

Plaintiff.
30.

It would be difficult to ascertain the amount of compensation which could afford

Plaintiff adequate relief for such acts. Accordingly, Plaintiffs remedy at law is not adequate to
compensate it for injuries threatened.
COUNT III
DECLARATORY JUDGMENT OF NON-INFRINGEMENT OF 887 REGISTRATION
31.

The allegations of paragraphs 1 through 30 above are restated and incorporated

herein by reference.
32.

As a result of the aforementioned letter, Plaintiff has a reasonable fear and

apprehension that trademark infringement litigation will be brought against it by the Defendants.
An actual justiciable controversy therefore exists between the parties.
33.

Plaintiff has not infringed any valid trademark rights owned by Defendant with

regard to Defendants BREATHE INTELLIGENT CIGARETTE & Design mark. In this

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regard, Plaintiff has superior trademark rights in its BREATHE trademark over Defendants
BREATHE INTELLIGENT CIGARETTE & Design mark.
34.

The allegations of Defendant that Plaintiff has infringed alleged trademark rights

held by Defendant in its BREATHE INTELLIGENT CIGARETTE & Design mark are
frivolous, and Plaintiff is entitled to a Declaration and Judgment that Plaintiff has not infringed,
and is not infringing, any trademark rights of Defendant with regard to the BREATHE
INTELLIGENT CIGARETTE & Design mark.
35.

This is an exceptional case within the meaning of 15 U.S.C. 1117 entitling

Plaintiff to an award of its attorney fees and costs of this litigation.

COUNT IV
CANCELLATION OF THE 887 REGISTRATION
36.

The allegations of paragraphs 1 through 36 above are restated and incorporated

herein by reference.
37.

The BREATHE INTELLIGENT CIGARETTE & Design mark and the goods

set forth in the 887 Registration so resemble Plaintiffs BREATHE trademark and goods as to
be likely to be confused therewith and mistaken therefor.
40.

The BREATHE INTELLIGENT CIGARETTE & Design mark set forth in the

887 Registration so resembles Plaintiffs BREATHE trademark as to be likely, when used on

or in connection with the goods identified in the 887 Registration, to cause confusion, mistake,
or deception among purchasers, potential purchasers and others. Purchasers, potential purchasers
and others are likely to mistakenly believe that the Defendants goods/services offered under the
BREATHE INTELLIGENT CIGARETTE & Design mark are produced, sponsored, endorsed

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or approved by Plaintiff, or are in some way affiliated, connected or associated with Plaintiff,
causing damage and injury to Plaintiff.
41.

Further, continued registration of the BREATHE INTELLIGENT CIGARETTE

& Design mark would confer upon Defendant statutory presumptions to which it is not entitled
in view of Plaintiffs prior use of its BREATHE trademark, resulting in further damage and
injury to the Plaintiff.
42.

Therefore, the 887 Registration should be cancelled pursuant to 15 U.S.C.

1052(d) and 1064.

WHEREFORE, Plaintiff prays for judgment against Defendant as follows:

A.

That Defendant and all of Defendants agents, servants, employees, officers,

attorneys, successors and assigns and all other persons in active concert or participation with it,
and/or controlled by it, be temporarily, preliminarily, and permanently enjoined from:
i. using Plaintiffs trademarks, including without limitation BREATHE, any
colorable imitations thereof, and/or any trademarks, service marks, trade names and/or
domain names confusingly similar thereto including without limitation BREATHE
INTELLIGENT CIGARETTE & Design;
ii. otherwise offering products for sale in a misleading manner, or misrepresenting
Defendants affiliation with Plaintiff or otherwise unfairly competing with Plaintiff
and/or infringing Plaintiffs trademarks.
B.

That Defendant be directed to file with the Court and serve upon Plaintiff, within

thirty (30) days after issuance of any injunction, a written report setting forth in detail the manner
and form in which Defendant has complied with the injunction.

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C.

That Defendant be required to account to Plaintiff for any and all profits derived

by Defendant from the sale of their goods and/or services and for all damages sustained by
Plaintiff by reason of said acts of infringement and unfair competition complained of herein.
D.

That Plaintiff be awarded its damages, including corrective advertising damages,

for Defendants infringement and unfair competition, and the profits derived by Defendant
pursuant to 15 U.S.C. 1117 and the common laws of Tennessee.
E.

That Plaintiff be awarded treble damages pursuant to 15 U.S.C. 1117 in view of

Defendants willful, knowing, and intentional conduct.

F.

That the Court find this to be an exceptional case and award Plaintiff its

reasonable attorneys fees pursuant to 15 U.S.C. 1117.

G.

That Plaintiff be awarded punitive damages for intentional common law

trademark infringement and unfair competition.

H.

That Plaintiff be awarded its costs of this action pursuant to 15 U.S.C. 1117.

I.

That the Court enter an Order permanently enjoining Defendant and all of

Defendants agents, servants, employees, officers, attorneys, successors and assigns and all other
persons in active concert or participation with it, and/or controlled by it, from making further
allegations or claims that Plaintiff has infringed any trademark rights in the BREATHE
INTELLIGENT CIGARETTE & Design mark.
J.

That the 887 Registration be cancelled and that registration of the mark for the

goods therein specified be deemed invalid.

K.

That Plaintiff be awarded such other and further relief that the Court deems just

and proper.

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Respectfully submitted,
BREATHE ECIGS CORP

/JACOB G. HORTON/
Robert E. Pitts (Tenn. BOPR# 01610)
rpitts@pl-iplaw.com
Andrew C. Lake (Tenn. BOPR# 29952)
alake@pl-iplaw.com
Jacob G. Horton (Tenn. BOPR# 25467)
jhorton@pl-iplaw.com
Raymond E. Stephens (Tenn. BOPR# 15037)
rstephens@pl-iplaw.com
PITTS & LAKE, P.C.
P.O. Box 51295
Knoxville, Tennessee 37950-1295
Phone: (865) 584-0105
Fax: (865) 584-0104
Attorneys for Plaintiff

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EXHIBITA

Case 3:15-cv-00345-TAV-HBG Document 1-1 Filed 08/10/15 Page 1 of 3 PageID #: 12

Breathe eCigs

Home

Page 1 of 2

Breathe eCigs

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Case 3:15-cv-00345-TAV-HBG Document 1-1 Filed 08/10/15 Page 2 of 3 PageID #: 13

https://shop.breathecig.com/index.php/breatheecigs.html

8/10/2015

Breathe eCigs

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Breathe Starter Kit

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Case 3:15-cv-00345-TAV-HBG Document 1-1 Filed 08/10/15 Page 3 of 3 PageID #: 14

https://shop.breathecig.com/index.php/breatheecigs.html

8/10/2015

EXHIBITB

Case 3:15-cv-00345-TAV-HBG Document 1-2 Filed 08/10/15 Page 1 of 2 PageID #: 15

Case 3:15-cv-00345-TAV-HBG Document 1-2 Filed 08/10/15 Page 2 of 2 PageID #: 16

EXHIBITC

Case 3:15-cv-00345-TAV-HBG Document 1-3 Filed 08/10/15 Page 1 of 3 PageID #: 17

Case 3:15-cv-00345-TAV-HBG Document 1-3 Filed 08/10/15 Page 2 of 3 PageID #: 18

Case 3:15-cv-00345-TAV-HBG Document 1-3 Filed 08/10/15 Page 3 of 3 PageID #: 19

EXHIBITD

Case 3:15-cv-00345-TAV-HBG Document 1-4 Filed 08/10/15 Page 1 of 2 PageID #: 20

BROWN & ROSEN LLC

Attorneys At Law
100 State Street, Suite 900
Boston, MA 02109
617-728-9111 (T)
617-695-3202 (F)
www.brownrosen.com
July 21, 2015

Via email only

Joshua Kimmel and
Chris Clark
Breathe eCigs Corp
9921 Lani Lane
Knoxville, TN 37932
crc@breathecig.com
RE: Trademark Infringement Breathe LLC
Dear Mr Kimmel and Mr. Clark:
This office is legal counsel to Breathe LLC (Breathe). Breathe is an electronic
cigarette company with a registered trademark with the United States Trademark Office.
Breathes website can be visited at www.breatheic.com.
Breathecig.com and your company, Breathe eCigs Corp. (Corp) are presently
infringing on the trademark of Breathe and wrongfully interfering with the business of
Breathe. At this time a full accounting of all monies associated with your business is
hereby demanded and you shall remove/deactivate your website today.
Failure to comply will lead to litigation forthwith. If you have any questions, do
not hesitate to contact me.
Sincerely,
Brown & Rosen LLC
By:

________________________
Christopher L. Brown

1
Case 3:15-cv-00345-TAV-HBG Document 1-4 Filed 08/10/15 Page 2 of 2 PageID #: 21

CIVIL COVER SHEET

OJS 44 (Rev. 11/04)

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 law, except as provided
by local rules of court. 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 THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS
BREATHE ECIGS CORP

DEFENDANTS
BREATHE LLC

(b) County of Residence of First Listed Plaintiff

Knox

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)

Osceola

(IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED.

Attorneys (If Known)

(c) Attorneys (Firm Name, Address, and Telephone Number)
Pitts & Lake, P.C., 1319 Old Weisgarber Rd, Knoxville, TN 37909 (865)
584-0105
II. BASIS OF JURISDICTION (Place an X in One Box Only)
III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an X in One Box for Plaintiff

U.S. Government
Plaintiff

3 Federal Question

U.S. Government
Defendant

4 Diversity

(U.S. Government Not a Party)

CONTRACT

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excl. Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

(Place an X in One Box Only)

TORTS

V. ORIGIN
1

Original
Proceeding

DEF
1

Citizen of Another State

Incorporated and Principal Place

of Business In Another State

Citizen or Subject of a
Foreign Country

Foreign Nation

(Indicate Citizenship of Parties in Item III)

IV. NATURE OF SUIT

(For Diversity Cases Only)

PTF
Citizen of This State
1

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
CIVIL RIGHTS
441 Voting
442 Employment
443 Housing/
Accommodations
444 Welfare
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
440 Other Civil Rights

FORFEITURE/PENALTY

PERSONAL INJURY
362 Personal Injury Med. Malpractice
365 Personal Injury Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS

510 Motions to Vacate

Sentence
Habeas Corpus:
530 General
535 Death Penalty
540 Mandamus & Other
550 Civil Rights
555 Prison Condition

(Place an X in One Box Only)

610 Agriculture
620 Other Food & Drug
625 Drug Related Seizure

of Property 21 USC 881

630 Liquor Laws
640 R.R. & Truck
650 Airline Regs.
660 Occupational
Safety/Health
690 Other
LABOR
710 Fair Labor Standards
Act
720 Labor/Mgmt. Relations
730 Labor/Mgmt.Reporting
& Disclosure Act
740 Railway Labor Act
790 Other Labor Litigation
791 Empl. Ret. Inc.
Security Act

and One Box for Defendant)

PTF
DEF
Incorporated or Principal Place
4 4
of Business In This State

BANKRUPTCY

422 Appeal 28 USC 158

423 Withdrawal
28 USC 157
PROPERTY RIGHTS

820 Copyrights
830 Patent
840 Trademark
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
FEDERAL TAX SUITS
870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609

OTHER STATUTES

Transferred from
6 Multidistrict
another district
Removed from
Remanded from
Reinstated or
(specify)
State Court
Appellate Court
Reopened
Litigation
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI. CAUSE OF ACTION

400 State Reapportionment

410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
810 Selective Service
850 Securities/Commodities/
Exchange
875 Customer Challenge
12 USC 3410
890 Other Statutory Actions
891 Agricultural Acts
892 Economic Stabilization Act
893 Environmental Matters
894 Energy Allocation Act
895 Freedom of Information
Act
900Appeal of Fee Determination
Under Equal Access
to Justice
950 Constitutionality of
State Statutes

Appeal to District
Judge from
Magistrate
Judgment

15 U.S.C. 1119 and 1121, and 28 U.S.C. 1331, 1332, 1338, 2201, and 2202

Brief description of cause:

Trademark Infringement, Unfair Competition, Declaratory Judgement and Cancellation

CHECK YES only if demanded in complaint:
DEMAND $
CHECK IF THIS IS A CLASS ACTION
VII. REQUESTED IN
UNDER F.R.C.P. 23
Yes
No
JURY DEMAND:
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
JUDGE
DOCKET NUMBER
IF ANY
DATE

SIGNATURE OF ATTORNEY OF RECORD

/s/Jacob G. Horton

08/10/2015
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

Case 3:15-cv-00345-TAV-HBG Document 1-5 Filed 08/10/15 Page 1 of 2 PageID #: 22

JS 44 Reverse (Rev. 11/04)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required
by law, except as provided by local rules of court. 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. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint
filed. The attorney filing a case should complete the form as follows:
I.
(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only
the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving
both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time
of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases,
the county of residence of the defendant is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section (see attachment).
II.
Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an X in one
of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an X in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the
Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box
1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the
different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)
III.
Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section
for each principal party.
IV.
Nature of Suit. Place an X in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient
to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select
the most definitive.
V.

Origin. Place an X in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition
for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict
litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box
is checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judges decision.
VI.
Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes
unless diversity.
Example:
U.S. Civil Statute: 47 USC 553
Brief Description: Unauthorized reception of cable service
VII.

Requested in Complaint. Class Action. Place an X in this box if you are filing a class action under Rule 23, F.R.Cv.P.

Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers
and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

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