Case: 1:16-cv-06564 Document #: 1 Filed: 06/23/16 Page 1 of 14 PageID #:1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

KIEL JAMES PATRICK LLC,

Plaintiff,
Case No.: 1:16-cv-06564
v.
CVS PHARMACY, INC. AND
DECOR CRAFT INC.,

DEMAND FOR JURY TRIAL

Defendants.

COMPLAINT
Plaintiff Kiel James Patrick LLC (KJP or Plaintiff) complains and alleges as follows
against Defendants CVS Pharmacy, Inc. (CVS) and Decor Craft Inc. (DCI) (collectively the
Defendants).
JURISDICTION AND VENUE
1. This Court has subject matter jurisdiction under 15 U.S.C. 1051 et seq., 15 U.S.C. 1121,
and 28 U.S.C. 1338(a)-(b) (action arising under the Lanham Act); 28 U.S.C. 1331
(federal question); 28 U.S.C. 1338(a) (any Act of Congress relating to patents or
trademarks); 28 U.S.C. 1338(b) (action asserting claim of unfair competition joined with a
substantial and related claim under the trademark laws); and 28 U.S.C. 1367 (supplemental
jurisdiction).
2. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391, and this Court may
properly exercise personal jurisdiction over Defendants since each of the Defendants directly
targets business activities toward consumers in the United States, including Illinois, in this

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Division and elsewhere in this Judicial District. Each of the Defendants is committing
tortious acts in Illinois, is engaging in interstate commerce, and has wrongfully caused KJP
substantial injury in the State of Illinois.
THE PARTIES
3. Kiel James Patrick LLC is a Rhode Island limited liability company having its principal place
of business at 925 Central Avenue, Pawtucket, RI 02861.
4. CVS is a Delaware corporation with its principal place of business located at One CVS
Drive, Woonsocket, Rhode Island 02895.
5. DCI is a Rhode Island corporation having its principal place of business in Providence,
Rhode Island.
BACKGROUND AND NATURE OF THE ACTION
6. This action has been filed by KJP to combat infringements, counterfeiting, unfair
competition, deceptive trade practices, and other tortious and concerted acts by CVS and DCI
trading on KJPs reputation and goodwill by selling and/or offering for sale unauthorized and
unlicensed counterfeit products featuring KJPs patented design and registered trademark in
willful and reckless disregard for reputational and other injuries inflicted upon KJP with
Defendants unwillingness to cease and desist despite being put on notice in several
communication exchanges between the parties. To date, in mid-June, Defendants products
remain on shelves and offered for sale in CVS stores in this Division of Illinois and
elsewhere.
7. American-made manufacturing is the heart and soul of KJP. KJP strives to provide quality
products, redefine originality, and inspire people to live their American Dream.

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8. KJP was founded in 2009 as a fashion and jewelry manufacturer and lifestyle brand and KJP
is a leading designer and manufacturer of jewelry, bracelets, necklaces, fashion accessories
and apparel.
9. Starting in 2009, KJP mastered the art of leveraging social media to build brand awareness
and recognition.
10. As an innovative designer, jewelry and apparel manufacturer, KJP had invested substantial
time, money and effort in business marketing channels and through social media and other
sales and marketing approaches to develop a valuable fan base. The KJP brand is leveraged
on reputation and through the use of social media to promote its products and the KJP Fan
base.
11. KJP has developed into a much storied brand. Kiel James Patrick, and his wife Sarah
Vickers, run the Kiel James Patrick Brand which is a growing brand inspired by classic New
England style, see e.g., The New York Times July 2, 2014 article, Designing a Perfect
Summer, The Designer Kiel James Patrick Evokes the Perfect New England Summer.
12. This mastery of social media as a marketing platform has continued in the seven years since
KJPs inception. Currently, KJPs following on social media is in excess of 1 million
followers. Many of these followers are die-hard fans of the brand and a large percentage of
them identify with the Plaintiffs determination to create high quality products in the United
States.
13. Kiel James Patrick McKivergan and Sarah Vickersco-founders of KJP and both presently
33 years oldare emblematic of the American Dream, having risen from modest roots to
create a company that presently directly employs in excess of 25 employees in the United
States.

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14. Both Kiel and Sarah have thousands of followers on their Facebook, Instagram, Twitter and
other social media accounts where they post pictures of their exciting lifestyle and adventures
with friends while also promoting their products.
15. Introduced in 2012, KJPs anchor bracelet product line has become representative of KJPs
inspiration and mission to provide high quality American made products manufactured in
Rhode Island. The anchor bracelet has resonated with consumers, nationwide and is one of
KJPs most successful products. Samples of the distinctive KJP anchor bracelets are below:

16. KJPs creative achievements have resulted in intellectual property protection for KJPs
innovations, including a design patent and various trademarks. Nevertheless, KJPs
innovations have been the subject of widespread emulation by its competitors, who have
attempted to capitalize on KJPs success by imitating KJPs innovative design and by
attempting to trade-off of the widespread consumer recognition and good-will KJP has
developed.
17. One imitator is CVS and its supplier DCI, which recently introduced an imitation to KJPs
distinctive anchor bracelet. Instead of developing their own design.

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18. By this action, KJP seeks to put a stop to Defendants illegal conduct and obtain
compensation for the violations that have occurred thus far.
DEFENDANTS INFRINGEMENTS
19. Defendants CVSs and DCIs were notified on April 15, 2016, and despite several
documented communications exchanges between the parties, Defendants infringements
continue unabated.
20. CVSs and DCIs unfair tarnishment with its poor quality counterfeit bracelets and
unauthorized use of KJPs ornamental Anchor Design, Mark and Trade Dress adversely
associates KJP products with CVS poor quality bracelets, reflects adversely on KJP's product
and works to ruin KJP's hard-earned good name and reputation, and their continued
infringement can only serve to sully the KJP brand.

KJPS INTELLECTUAL PROPERTY RIGHTS

KJPS DESIGN PATENT
21. To protect its innovative designs, applied for and obtained United States Design Patent No.
D719,043 entitled Bracelet which was duly and legally issued on December 9, 2014 (the
043 Patent). A true and correct copy of the 043 Patent is attached as Exhibit A.

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22. The 043 Patent claims the following ornamental design for a bracelet:

KJPS TRADEMARK
23. KJP has protectable trademark rights in in its anchor design which is used in the in
connection with its product line. For example, U.S. Registration No. 4,819,102 covers an
ornamental anchor design for in connection with bracelets, jewelry, and necklaces:

24. A true and correct copy of U.S. Registration No. 4,819,102 (the 102 Registration) is
attached as Exhibit B.

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DEFENDANTS INFRINGING PRODUCTS

25. Rather than innovate and develop its own bracelet designs, Defendants chose to copy KJPs
distinctive anchor designs with multiple infringing products, one example of which is as
follows:

26. Defendants bracelet infringes the ornamental design for a bracelet of the 043 Patent and
infringes KJPs trademarks rights in the 102 Registration.
COUNT I
INFRINGEMENT OF U.S. DESIGN PATENT NO. D719,043 AGAINST CVS
27. Plaintiff repeats and incorporates by reference herein its allegations contained in the above
paragraphs of this Complaint.
28. Defendant CVS makes, uses, sells, offers to sell and/or imports into the United States for
subsequent distribution, sale or use, products that infringe the 043 Patent.

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29. The activities of CVS have been done and continue to be done without license or permission
from KJP.
30. The activities of CVS have been and continue to be to the injury and detriment and
irreparable harm to KJP.
COUNT II
TRADEMARK AND TRADE DRESS INFRINGEMENTAND COUNTERFEITING
(15 U.S.C. 1114) AGAINST CVS
31. KJP repeats and incorporates by reference herein its allegations contained in the above
paragraphs of the Complaint.
32. CVS used and knowingly directly benefited from the use of a reproduction, counterfeit, or
copy of the ANCHOR design of the 102 Registration or the Trade Dress in connection with
the selling and offering to in interstate commerce products using an illegal reproduction,
counterfeit, or copy of the ANCHOR design of the 102 Registration or the Trade Dress.
33. KJP did not license CVS to make, acquire, or use reproductions, counterfeits, or copies, or to
use the ANCHOR design of the 102 Registration or the Trade Dress.
34. Use of the ANCHOR design of the 102 Registration or the Trade Dress in the manner
attributable to CVS is likely to cause confusion, or to cause mistake, or to deceive customers
into believing that the services those customers are receiving are being provided with
authorized and legitimate KJP anchor bracelets that have been made in Rhode Island.
35. CVSs acts were willful and knowing.
36. KJP has been damaged by infringing activities of CVS.
37. Unless enjoined by the Court, CVSs infringing activities as described above will continue
unabated and will continue to cause harm to KJP.

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COUNT III
UNFAIR COMPETITION AND FALSE DESIGNATION OF ORIGIN
UNDER 15 U.S.C. 1125(a) AGAINST DEFENDANT CVS
38. KJP repeats and incorporates by reference herein its allegations contained in the above
paragraphs of this Complaint.
39. CVSs unauthorized use of the ANCHOR design of the 102 Registration is likely to cause
confusion, or to cause mistake, or to deceive consumers into believing, falsely, that KJP is
the origin to sponsored or approved CVSs sale of anchor bracelets.
40. CVSs use of the false designations of origin in this fashion damages KJP.
41. Unless enjoined by the Court, CVSs unfair competition activities as described above will
continue unabated and will continue to cause harm to KJP.
COUNT IV
VIOLATION OF ILLINOIS UNIFORM DECEPTIVE TRADE PRACTICES ACT
(815 ILCS 510, et seq.) AGAINST DEFENDANT CVS
42. Plaintiff repeats and incorporates by reference herein its allegations contained in the above
paragraphs of this Complaint.
43. Defendant CVS has engaged in acts violating Illinois law including, but not limited to,
passing off of Counterfeit KJP Products, causing a likelihood of confusion and/or
misunderstanding as to the source of goods, causing a likelihood of confusion and/or
misunderstanding as to an affiliation, connection, or association with KJP Products,
representing that their products have KJPs approval when they do not, and engaging in other
conduct which creates a likelihood of confusion or misunderstanding among the public.
44. The foregoing acts constitute a willful violation of the Illinois Uniform Deceptive Trade
Practices Act, 815 ILCS 510, et seq.

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45. KJP has no adequate remedy at law, and the forgoing conduct has caused KJP to suffer
damage to its reputation and goodwill. Unless enjoined by the Court, KJP will suffer future
irreparable harm as a direct result of CVSs unlawful activities.
COUNT V
INFRINGEMENT OF U.S. DESIGN PATENT NO. D719,043 AGAINST DCI
46. Plaintiff repeats and incorporates by reference herein its allegations contained in the above
paragraphs of this Complaint.
47. Defendant DCI makes, uses, sells, offers to sell and/or imports into the United States for
subsequent distribution, sale or use, products that infringe the 043 Patent.
48. The activities of DCI have been done and continue to be done without license or permission
from KJP.
49. The activities of DCI have been and continue to be to the injury and detriment and
irreparable harm to KJP.
COUNT VI
TRADEMARK AND TRADE DRESS INFRINGEMENT AND COUNTERFEITING
(15 U.S.C. 1114) AGAINST DCI
50. KJP repeats and incorporates by reference herein its allegations contained in the above
paragraphs of the Complaint.
51. DCI used and knowingly directly benefited from the use of a reproduction, counterfeit, or
copy of the ANCHOR design of the 102 Registration or the Trade Dress in connection with
the selling and offering to in interstate commerce products using an illegal reproduction,
counterfeit, or copy of the ANCHOR design of the 102 Registration or the Trade Dress.
52. KJP did not license DCI to make, acquire, or use reproductions, counterfeits, or copies, or to
use the ANCHOR design of the 102 Registration or the Trade Dress.

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53. Use of the ANCHOR design of the 102 Registration or the Trade Dress in the manner
attributable to DCI is likely to cause confusion, or to cause mistake, or to deceive customers
into believing that the services those customers are receiving are being provided with
authorized and legitimate KJP anchor bracelets that have been made in Rhode Island.
54. DCIs acts were willful and knowing.
55. KJP has been damaged by infringing activities of DCI.
56. Unless enjoined by the Court, DCIs infringing activities as described above will continue
unabated and will continue to cause harm to KJP.
COUNT VII
UNFAIR COMPETITION AND FALSE DESIGNATION OF ORIGIN
UNDER 15 U.S.C. 1125(a) AGAINST DEFENDANT DCI
57. KJP repeats and incorporates by reference herein its allegations contained in the above
paragraphs of this Complaint.
58. DCIs unauthorized use of the ANCHOR design of the 102 Registration is likely to cause
confusion, or to cause mistake, or to deceive consumers into believing, falsely, that KJP is
the origin or sponsored or approved DCIs sale of anchor bracelets.
59. DCIs use of the false designations of origin in this fashion damages KJP.
60. Unless enjoined by the Court, DCIs unfair competition activities as described above will
continue unabated and will continue to cause harm to KJP.
COUNT VIII
VIOLATION OF ILLINOIS UNIFORM DECEPTIVE TRADE PRACTICES ACT
(815 ILCS 510, et seq.) AGAINST DEFENDANT DCI
61. Plaintiff repeats and incorporates by reference herein its allegations contained in the above
paragraphs of this Complaint.

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62. Defendant DCI has engaged in acts violating Illinois law including, but not limited to,
passing off of Counterfeit KJP Products, causing a likelihood of confusion and/or
misunderstanding as to the source of goods, causing a likelihood of confusion and/or
misunderstanding as to an affiliation, connection, or association with KJP Products,
representing that their products have KJPs approval when they do not, and engaging in other
conduct which creates a likelihood of confusion or misunderstanding among the public.
63. The foregoing acts constitute a willful violation of the Illinois Uniform Deceptive Trade
Practices Act, 815 ILCS 510, et seq.
64. KJP has no adequate remedy at law, and the forgoing conduct has caused KJP to suffer
damage to its reputation and goodwill. Unless enjoined by the Court, KJP will suffer future
irreparable harm as a direct result of DCIs unlawful activities.
WHEREFORE, Plaintiff KJP prays for judgment against CVS and DCI that the Court:
A.

Find that CVS and DCI committed acts of infringement, including but not limited

to counterfeiting, of the federally registered Anchor Design Mark and of the Trade Dress;
B.

Find that CVS and DCI engaged in unfair competition detrimental to KJP in

violation of 15 U.S.C. 1125(a);

C.

Enter judgment against CVS and DCI and in favor of KJP on all applicable

D.

Find the activities of CVS and DCI were in all respects conducted willfully and

counts;

for profit;
E.

Award to KJP the profits of CVS and DCI and the damages sustained by KJP

because of the conduct of CVS and DCI in infringing the 102 Registration, Trade Dress, or
both, or, in the alternative, statutory damages per trademark infringed by counterfeiting, and in

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any event in an amount not less than $50,000 for each establishment in which the infringement
occurred, and in the amount of $50,000 from each of the Defendants;
F.

Award to KJP damages, including, but not limited to, lost profits as damages

sustained by KJP because of Defendants acts of patent infringement.

G.

Award to KJP the profits of CVS and DCI and the damages sustained by KJP

because of Defendants acts of unfair competition under 15 U.S.C. 1125(a);

H.

That CVS and DCI account for and pay to KJP all profits realized by Defendants

by reason of Defendants unlawful acts herein alleged, and that the amount of damages for
infringement of the KJPs trademark be increased by a sum not exceeding three times the amount
thereof as provided by 15 U.S.C. 1117;
I.

In the alternative, that KJP be awarded statutory damages pursuant to 15 U.S.C.

1117(c)(2) of $2,000,000 for each and every use of the trademark;

J.

That KJP be awarded its reasonable attorneys fees and costs as provided by 15

U.S.C. 1117;
K.

A judgment that CVS and DCI have infringed the asserted design patents;

L.

An order and judgment permanently enjoining CVS and DCI and their officers,

directors, agents, servants, employees, affiliates, attorneys, and all others acting in privity or in
concert with them, and their parents, subsidiaries, divisions, successors and assigns, from further
acts of infringement the asserted design patent;
M.

A judgment awarding KJP all damages adequate to compensate for Defendants

infringement of the asserted patent, and particularly Defendants total profits pursuant to 35
U.S.C. 289.

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N.

A judgment awarding KJP all damages, costs, and interest, including treble

damages, based on any infringement found to be willful, pursuant to 35 U.S.C. 284, together
with prejudgment interest.
O.

An accounting of Defendants profits.

P.

An accounting of Defendants units produced, sold, received and sold at retail;

Q.

An accounting of Defendants destruction of the infringing products; and

R.

Grant KJP such other and further relief as justice may require.

DATED: June 23, 2016

Respectfully submitted,
/s/ Keith A. Vogt
Keith A. Vogt, Esq. (Bar No. 6207971)
1033 South Blvd., Suite 200
Oak Park, Illinois 60302
Telephone: 708-203-4787
E-mail: keith@vogtip.com
Perry J. Hoffman, Esq. (Bar No. 6211115)
Perry Hoffman & Associates P.C.
2100 Sanders Road, Suite 200
Northbrook, Illinois 60062
Telephone: 847-809-4285
E-mail: perry@WeDoIP.com
ATTORNEYS FOR PLAINTIFF

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Exhibit A

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Exhibit B

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