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Case: 1:16-cv-01851-SO Doc #: 1 Filed: 07/22/16 1 of 7.

PageID #: 1

IN THE UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
SPECTRUM DIVERSIFIED DESIGNS, LLC
675 Mondial Parkway
Streetsboro, OH 44241,

CASE NO. 1:16-cv-1851


JUDGE

Plaintiff
v.
ARGENTO SC BY SICURA INC.
1407 Broadway
Ste 2201
New York, New York, 10018,
Defendant.

COMPLAINT FOR PATENT INFRINGEMENT


Plaintiff, Spectrum Diversified Designs, LLC (Spectrum), alleges as follows for its
Complaint against Defendant, Argento SC By Sicura Inc. (Argento):
1.

Spectrum Diversified Designs, LLC is a limited liability company organized and

existing under the laws of the Delaware, with its principal place of business at 675 Mondial Parkway,
Streetsboro, OH 44241.
2.

Upon information and belief, Argento SC By Sicura Inc. is a corporation organized

and existing under the laws of New York, with its principal place of business at 1407 Broadway
Ste 2201, New York, New York, 100.
JURISDICTION AND VENUE
3.

This is an action for patent infringement arising under the patent laws of the United

States, 35 U.S.C. 1 et seq., as is more fully set forth below.


4.

This Court has original and exclusive jurisdiction over the subject matter of this action

pursuant to 28 U.S.C. 1331 and 1338(a).


1

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5.

Upon information and belief, this Court has personal jurisdiction over Argento

because Argento has advertised, marketed, distributed or sold infringing merchandise within this
district. This Court also has personal jurisdiction because Argento has engaged in acts or omissions
within this district causing injury, has engaged in acts or omissions outside of this district causing injury
within this district, has manufactured or distributed products used or consumed within this district in
the ordinary course of trade, has entered contracts with residents of this district, or has otherwise made
or established contacts with this district sufficient to permit the exercise of personal jurisdiction.
6.

This Court also has personal jurisdiction over Argento because Argento has placed

infringing goods into the stream of commerce knowing that they would be sold in this district by, for
example, HomeGoods at 9565 Mentor Avenue, Mentor, OH 44060 and Burlington Store at 5252
Cobblestone Road, Sheffield Village, OH 44035.
7.

Venue in this District is proper pursuant to 28 U.S.C. 1391(b) and 1400(b) because

defendant is subject to personal jurisdiction, and because the infringing products have been offered for
sale in this judicial district.
FACTUAL BACKGROUND
8.

Spectrum is engaged in the business of designing, manufacturing and selling products,

many of which are houseware items.


9.

Spectrum is the owner by way of assignment of U.S. Patent No. D747,877 (the 877

Patent), entitled STYLING CADDY. The 877 Patent was duly and legally issued by the United
States Patent and Trademark Office on January 26, 2016. The 877 Patent is still in force and effect
and is presumed valid under the U.S. patent laws. A copy of the 877 Patent is attached hereto as
Exhibit A.
10.

Spectrum sells an Over the Cabinet Tall Styling Center product (Product No. 878) that

is covered by the 877 patent. Prior to issuance of the 877 patent, Spectrum marked its Product No.
2

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878 with the notice of patent pending. Since issuance of the 877 patent, Spectrum has been marking
its product in compliance with 35 U.S.C. 287.
11.

Spectrum is the owner by way of assignment of U.S. Patent No. D700,453 (the 453

Patent), entitled OVER THE CABINET DOOR STYLING RACK. The 453 Patent was duly
and legally issued by the United States Patent and Trademark Office on March 4, 2014. The 453
Patent is still in force and effect and is presumed valid under the U.S. patent laws. A copy of the 453
Patent is attached hereto as Exhibit B.
12.

Spectrum sells a myBella Over the Cabinet Shapes Styling Rack product (Product No.

303) that is covered by the 453 patent. Prior to issuance of the 453 patent, Spectrum marked its
Product No. 303 with the notice of patent pending. Since issuance of the 453 patent, Spectrum has
been marking its product in compliance with 35 U.S.C. 287.
13.

Argento sells, among other products, a variety of metal wire home goods to retailers

throughout the United States. Such goods include: polishd Styling Caddy (Product No. ST0068-SFA,
shown in Exhibit C) and polishd Cabinet Door Styling Rack (Product No. ST0065-SIA, shown in
Exhibit D) (collectively, the Argento Products).
14.

On information and belief, Argento has offered for sale and sold the Argento

Products in this judicial district.


15.

Argento has offered for sale and sold the Argento Products to retailers with

knowledge that the Argento Products would be offered for sale and sold in this judicial district.
16.

On Argentos web site, Argento identifies HomeGoods and Burlington as companies

Argento works with.


17.

The Argento Products have been offered for sale and sold in this district by

HomeGoods at 9565 Mentor Avenue, Mentor, OH 44060 and Burlington Store at 5252 Cobblestone
Road, Sheffield Village, OH 44035.
3

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18.

On March 1, 2016, Spectrum, by way of its counsel, sent Argento a cease and desist

letter notifying Argento that it was infringing the 877 Patent by importing and selling its ST0068-SFA
product, including to HomeGoods.
19.

Spectrum subsequently learned that Argento has been selling other products that are

copies of Spectrums patented and patent-pending products. One such product is the ST0065-SIA
product. Accordingly, on June 23, 2016, Spectrum, by way of its counsel, sent Argento a follow up
cease and desist letter discussing, among other issues, Argentos infringement of the 453 patent by
importing and selling its ST0065-SIA product.
COUNT I
INFRINGEMENT OF THE 877 PATENT
20.

Spectrum incorporates the allegations set forth in Paragraphs 1-19 above as if each

were separately set forth at length herein.


21.

Argento has been and still is directly infringing the 877 Patent under 35 U.S.C. 271(a)

by making, using, offering to sell, and/or selling the ST0068-SFA product.


22.

A comparison of the ornamental design of the 877 Patent to the infringing ST0068-

SFA product is shown below.

Case: 1:16-cv-01851-SO Doc #: 1 Filed: 07/22/16 5 of 7. PageID #: 5

The 877 Patent

ST0068-SFA

23.

Argentos infringement of the 877 Patent has been willful.

24.

Argentos infringement of the 877 Patent has caused, and continues to cause,

Spectrum to suffer injury and economic damages.


25.

The infringement of the 877 Patent by Argento is causing irreparable harm to

Spectrum and will continue to cause irreparable harm to Spectrum unless Argentos infringing
activities are enjoined by this Court.

Case: 1:16-cv-01851-SO Doc #: 1 Filed: 07/22/16 6 of 7. PageID #: 6

COUNT II
INFRINGEMENT OF THE 453 PATENT
26.

Spectrum incorporates the allegations set forth in Paragraphs 1-25 above as if each

were separately set forth at length herein.


27.

Argento has been and still is directly infringing the 453 Patent under 35 U.S.C. 271(a)

by making, using, offering to sell, and/or selling the ST0065-SIA product.


28.

A comparison of the ornamental design of the 453 Patent to the infringing ST0065-

SIA product is shown below.


The 453 Patent

ST0065-SIA

29.

Argentos infringement of the 453 Patent has been willful.

30.

Argentos infringement of the 453 Patent has caused, and continues to cause,

Spectrum to suffer injury and economic damages.

Case: 1:16-cv-01851-SO Doc #: 1 Filed: 07/22/16 7 of 7. PageID #: 7

31.

The infringement of the 453 Patent by Argento is causing irreparable harm to

Spectrum and will continue to cause irreparable harm to Spectrum unless Argentos infringing
activities are enjoined by this Court.

PRAYER FOR RELIEF


WHEREFORE, Spectrum respectfully requests that this Court:
A.

Enter judgment that Defendant has infringed the 877 Patent and the 453 Patent;

B.

Enter a preliminary and permanent injunction to enjoin Defendant and its officers,

agents, attorneys and employees, and those acting in privity or concert with it, from infringing the
877 Patent and the 453 Patent for the full terms thereof;
C.

Award Spectrum damages adequate to compensate Spectrum for the infringement of

the 877 Patent and the 453 Patent pursuant to 35 U.S.C. 284 and/or 35 U.S.C. 289;
D.

Order Defendant to pay costs, pre-judgment interest and post-judgment interest to

Spectrum;
E.

Order an accounting for any infringing sales not presented at trial and award additional

damages for any such infringing sales; and


F.

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

Dated: July 22, 2016

/s/ Mark C. Johnson


Mark C. Johnson (0072625)
mjohnson@rennerotto.com
Renner Otto
1621 Euclid Avenue, Floor 19
Cleveland, Ohio 44115
t: 216-621-1113
f: 216-621-6165

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USO0D700453S

(12) United States Design Patent (10) Patent N0.2


Goodman et a1.

(54)

(45) Date of Patent:

OVER THE CABINET DOOR STYLING RACK

(56)

D400,037 S * 10/1998 Bartholow


D497,688 S *
D510,222

(72) Inventors: Sheldon H. Goodman, Solon, OH (US);

Phaysouk Xayoiphonh, Akron, OH

(Us)
Streetsboro, OH (U S)

Jan. 31, 2013


.

06-04

D6/566;D6/513

Field of Classi?cation Search

USPC

.... D6/566

1/2011 Yelencich

D6/552

* cited by examiner

(74) Attorney, Agent, or Firm * Renner, Otto, Boisselle &


CLAIM
(57)
The ornamental design for an over the cabinet door styling
rack, as shoWn and described.
DESCRIPTION

(21) APPl.NO.Z 29/444,493

(58)

Sklar, LLP

14 Years

(51) LOC (10) C1.


(52) us. c1.
USPC

D631,274 S

D6/566

D6/5 66

10/2004 Klein
10/2005
Issa et al.

Primary Examiner * Brian N Vinson

(73) Assignee: Spectrum Diversi?ed Designs, Inc.,

(22) Filed:

Mar. 4, 2014

US' PATENT DOCUMENTS

Streetsboro, OH (US)

Term:

*1

References Cited

(71) Applicant: Spectrum Diversi?ed Designs, Inc.,

(**)

US D700,453 S

D6/5124514,553, 566, 567, 569,315,


D6/320, 327; D8/349, 354, 367, 372;
248/30li304, 309.1, 309.2; 211/13.1,

21 1/303 32 706 5601 8701 1811 ;


D25/38; D26/51
See application ?le for complete search history.

FIG. 1 is a perspective View of an over the cabinet door styling


rack showing our neW design;
FIG. 2 is a front View of the over the cabinet door styling rack;
FIG. 3 is a side View of over the cabinet door styling rack, the

opposite side View being a mirror image thereof.

FIG. 4 is a rear View of the over the cabinet door styling rack;
FIG. 5 is a top View of the over the cabinet door styling rack;

and,

FIG. 6 is a bottom View of the over the cabinet door styling

rack-

The broken lmes 1n the draWmg lllustrate environmental mat

ter and form no part of the claimed design.

1 Claim, 3 Drawing Sheets

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US. Patent

Mar. 4, 2014

Sheet 1 of3

FIG 1

US D700,453 S

Case: 1:16-cv-01851-SO Doc #: 1-2 Filed: 07/22/16 3 of 4. PageID #: 13

US. Patent

Mar. 4, 2014

Sheet 2 of3

US D700,453 S

1lvI

FIG 2

FIG 3

FIG 4

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US. Patent

Mar. 4, 2014

Sheet 3 of3

FIG 6

US D700,453 S

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Product No. ST0068-SFA

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Product No. ST0065-SIA

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CIVIL COVER SHEET

JS 44 (Rev. 11/15)

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 NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

SPECTRUM DIVERSIFIED DESIGNS, LLC

ARGENTO SC BY SICURA INC.

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)


NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

Mark C. Johnson
Renner Otto
1621 Euclid Ave, Floor 19, Cleveland, Ohio 44115; p: 216.621.1113

II. BASIS OF JURISDICTION (Place an X in One Box Only)


u 1

U.S. Government
Plaintiff

u 3

Federal Question
(U.S. Government Not a Party)

u 2

U.S. Government
Defendant

u 4

Diversity
(Indicate Citizenship of Parties in Item III)

Kings County, NY

(IN U.S. PLAINTIFF CASES ONLY)


IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff


(For Diversity Cases Only)
PTF
Citizen of This State
u 1

DEF
u 1

and One Box for Defendant)


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

Citizen of Another State

u 2

Incorporated and Principal Place


of Business In Another State

u 5

u 5

Citizen or Subject of a
Foreign Country

u 3

Foreign Nation

u 6

u 6

IV. NATURE OF SUIT (Place an X in One Box Only)


CONTRACT
u
u
u
u
u
u
u

u
u
u
u
u

TORTS

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
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

u
u
u
u
u
u
u
u
u
u

u
u
u
u
u
u

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

u
u
u
u
u
u
u

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
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

FORFEITURE/PENALTY

PERSONAL INJURY
u 365 Personal Injury Product Liability
u 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
u 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
u 370 Other Fraud
u 371 Truth in Lending
u 380 Other Personal
Property Damage
u 385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
u 463 Alien Detainee
u 510 Motions to Vacate
Sentence
u 530 General
u 535 Death Penalty
Other:
u 540 Mandamus & Other
u 550 Civil Rights
u 555 Prison Condition
u 560 Civil Detainee Conditions of
Confinement

u 625 Drug Related Seizure


of Property 21 USC 881
u 690 Other

BANKRUPTCY
u 422 Appeal 28 USC 158
u 423 Withdrawal
28 USC 157
PROPERTY RIGHTS
u 820 Copyrights
u 830 Patent
u 840 Trademark

LABOR
u 710 Fair Labor Standards
Act
u 720 Labor/Management
Relations
u 740 Railway Labor Act
u 751 Family and Medical
Leave Act
u 790 Other Labor Litigation
u 791 Employee Retirement
Income Security Act

u
u
u
u
u

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


u 870 Taxes (U.S. Plaintiff
or Defendant)
u 871 IRSThird Party
26 USC 7609

IMMIGRATION
u 462 Naturalization Application
u 465 Other Immigration
Actions

OTHER STATUTES
u 375 False Claims Act
u 376 Qui Tam (31 USC
3729(a))
u 400 State Reapportionment
u 410 Antitrust
u 430 Banks and Banking
u 450 Commerce
u 460 Deportation
u 470 Racketeer Influenced and
Corrupt Organizations
u 480 Consumer Credit
u 490 Cable/Sat TV
u 850 Securities/Commodities/
Exchange
u 890 Other Statutory Actions
u 891 Agricultural Acts
u 893 Environmental Matters
u 895 Freedom of Information
Act
u 896 Arbitration
u 899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
u 950 Constitutionality of
State Statutes

V. ORIGIN (Place an X in One Box Only)


u 1 Original
Proceeding

u 2 Removed from
State Court

u 3

Remanded from
Appellate Court

u 4 Reinstated or
Reopened

u 5 Transferred from
Another District

u 6 Multidistrict
Litigation

(specify)

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

35 U.S.C 271

VI. CAUSE OF ACTION Brief description of cause:

Design patent infringement

u CHECK IF THIS IS A CLASS ACTION


VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

CHECK YES only if demanded in complaint:


u Yes
u No
JURY DEMAND:

DEMAND $

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

/s/ Mark C. Johnson

07/22/2016
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

Case: 1:16-cv-01851-SO Doc #: 1-5 Filed: 07/22/16 2 of 3. PageID #: 21

UNITED STATES DISTRICT COURT


NORTHERN DISTRICT OF OHIO
I.

Civil Categories: (Please check one category only).

1.
2.
3.

General Civil
Administrative Review/Social Security
Habeas Corpus Death Penalty

*If under Title 28, 2255, name the SENTENCING JUDGE:


CASE NUMBER:

II.

1:16-cv-01851

RELATED OR REFILED CASES. See LR 3.1 which provides in pertinent part: "If an action is filed or removed to this Court
and assigned to a District Judge after which it is discontinued, dismissed or remanded to a State court, and
subsequently refiled, it shall be assigned to the same Judge who received the initial case assignment without regardfor
the place of holding court in which the case was refiled. Counsel or a party without counsel shall be responsible for
bringing such cases to the attention of the Court by responding to the questions included on the Civil Cover Sheet."
This action is

RELATED to another PENDING civil case. This action is

REFILED pursuant to LR 3.1.

If applicable, please indicate on page 1 in section VIII, the name of the Judge and case number.

III.

In accordance with Local Civil Rule 3.8, actions involving counties in the Eastern Division shall be filed at any of the
divisional offices therein. Actions involving counties in the Western Division shall be filed at the Toledo office. For the
purpose of determining the proper division, and for statistical reasons, the following information is requested.
ANSWER ONE PARAGRAPH ONLY. ANSWER PARAGRAPHS 1 THRU 3 IN ORDER. UPON FINDING WHICH
PARAGRAPH APPLIES TO YOUR CASE, ANSWER IT AND STOP.
(1)
Resident defendant. If the defendant resides in a county within this district, please set forth the name of such
county
COUNTY:
Corporation For the purpose of answering the above, a corporation is deemed to be a resident of that county in which
it has its principal place of business in that district.
Non-Resident defendant. If no defendant is a resident of a county in this district, please set forth the county
wherein the cause of action arose or the event complained of occurred.
COUNTY: Lake County and Lorain County
(2)

(3)

Other Cases. If no defendant is a resident of this district, or if the defendant is a corporation not having a principle
place of business within the district, and the cause of action arose or the event complained of occurred outside
this district, please set forth the county of the plaintiff's residence.
COUNTY:

IV.

The Counties in the Northern District of Ohio are divided into divisions as shown below. After the county is
determined in Section III, please check the appropriate division.
EASTERN DIVISION

AKRON
CLEVELAND
YOUNGSTOWN

(Counties: Carroll, Holmes, Portage, Stark, Summit, Tuscarawas and Wayne)


(Counties: Ashland, Ashtabula, Crawford, Cuyahoga, Geauga, Lake,
Lorain, Medina and Richland)
(Counties: Columbiana, Mahoning and Trumbull)

WESTERN DIVISION
TOLEDO

(Counties: Allen, Auglaize, Defiance, Erie, Fulton, Hancock, Hardin, Henry,


Huron, Lucas, Marion, Mercer, Ottawa, Paulding, Putnam, Sandusky, Seneca
VanWert, Williams, Wood and Wyandot)

JS 44 Reverse (Rev. 11/15)

Case: 1:16-cv-01851-SO Doc #: 1-5 Filed: 07/22/16 3 of 3. PageID #: 22

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)
(b)
(c)

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.
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.)
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.Cv.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; NOTE: 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 clerk(s) 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 six 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.

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 actual dollar amount 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.

Case: 1:16-cv-01851-SO Doc #: 1-6 Filed: 07/22/16 1 of 2. PageID #: 23


AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the

Northern
District
Ohio
__________
District
ofof
__________
SPECTRUM DIVERSIFIED DESIGNS, LLC
Plaintiff

v.
ARGENTO SC BY SICURA INC.
Defendant

)
)
)
)
)
)
)

Civil Action No. 1:16-cv-01851

SUMMONS IN A CIVIL ACTION


To: (Defendants name and address) ARGENTO SC BY SICURA INC.
1407 Broadway
Ste 2201
New York, New York, 10018

A lawsuit has been filed against you.


Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: Mark C. Johnson
Renner Otto
1621 Euclid Avenue, Floor 19
Cleveland, Ohio 44115
(216) 621-1113
mjohnson@rennerotto.com

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk

Case: 1:16-cv-01851-SO Doc #: 1-6 Filed: 07/22/16 2 of 2. PageID #: 24


AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Civil Action No. 1:16-cv-01851


PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

u I personally served the summons on the individual at (place)


on (date)

; or

u I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individuals last known address; or


, who is

u I served the summons on (name of individual)


designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

u I returned the summons unexecuted because

; or

u Other (specify):
.

My fees are $

for travel and $

for services, for a total of $

I declare under penalty of perjury that this information is true.

Date:
Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc:

0.00