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Liza M. Walsh
Hector D. Ruiz
Katelyn OReilly
WALSH PIZZI OREILLY FALANGA LLP
One Riverfront Plaza
1037 Raymond Blvd., Suite 600
Newark, New Jersey 07102
Tel.: (973) 757-1100
Fax: (973) 757-1090

Tonia A. Sayour
COOPER & DUNHAM LLP
30 Rockefeller Plaza
New York, New York 10112
Tel.: (212) 278-0400
Fax: (212) 391-0525

Attorneys for Plaintiffs Telebrands Corp.

and Prometheus Brands LLC
(additional counsel listed on signature page)

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY
_____________________________________
X
TELEBRANDS CORP. and :
PROMETHEUS BRANDS LLC,
: Civil Action No.
Plaintiffs, :
: JURY TRIAL DEMANDED
v. :
:
EVERSTAR MERCHANDISE CO., LTD., :
:
Defendant. :
____________________________________ X

COMPLAINT

Plaintiffs Telebrands Corp. (Telebrands) and Prometheus Brands LLC (Prometheus),

for their Complaint against Defendant Everstar Merchandise Co., Ltd. (Everstar), allege as

follows:

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THE PARTIES

1. Telebrands Corp. is a corporation organized and existing under the laws of the State

of New Jersey, having a place of business at 79 Two Bridges Road, Fairfield, New Jersey 07004.

2. Prometheus is limited liability company, organized and existing under the laws of

the State of Delaware, having a place of business at 79 Two Bridges Road, Fairfield, New Jersey

07004.

3. On information and belief, Defendant Everstar is a corporation organized and

existing under the laws of Taiwan, Republic of China, having a principal place of business at 7F,

No. 285, Chung Hsiao E. Rd. Sec. 4, Taipei City, Taiwan 10692. On information and belief,

Everstar does business with retailers throughout the United States, including the State of New

Jersey.

NATURE OF CLAIMS, JURISDICTION AND VENUE

4. This action arises under the Patent Laws of the United States (35 U.S.C. 1 et seq.).

5. Jurisdiction of this Court is founded upon 28 U.S.C. 1331 and 1338.

6. Venue is proper within this Judicial District under 28 U.S.C. 1391(b) and (c)

and 1400(b).

BACKGROUND

7. Telebrands is a direct marketing company and, since 1983, has been engaged in the

business of marketing and selling a wide variety of consumer products in this Judicial District and

elsewhere, principally through direct response advertising and through national retail stores.

Telebrands is one of the recognized leaders in the direct response television marketing industry.

8. Telebrands developed a novel and innovative line of decorative lighting products,

which it markets and sells under the trademark STAR SHOWER. Telebrands introduced the

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original STAR SHOWER product for the 2015-2016 holiday season, and it was an instant success.

In view of the original STAR SHOWER products success, Telebrands subsequently introduced

the STAR SHOWER MOTION product and the STAR SHOWER PATRIOT products. STAR

SHOWER PATRIOT expanded on the original STAR SHOWER by introducing new colored

lights, and STAR SHOWER MOTION introduced the ability to move the points of light in

patterns.

9. Telebrands innovative STAR SHOWER products provide a convenient and safe

alternative to setting up string lights as decorative lighting for a house or other building. A user

can simply plug the STAR SHOWER product into an outlet, and the product produces thousands

of discrete points of lights, thereby allowing the user to avoid the danger, hassles, and the time of

hanging and setting up strands of string lights on a house.

10. Telebrands has invested significant resources in the sale and marketing of the

STAR SHOWER line of products. Since its introduction, the STAR SHOWER line of products

has been successful. During the 2015-2016 holiday season, Telebrands sold several million units

of the product. In view of the success of the STAR SHOWER line of products, knock-off and

imitation products have flooded the market.

11. The STAR SHOWER product includes many unique and innovative features. For

example, the STAR SHOWER product is covered by U.S. Patent No. 9,546,775 (the 775

Patent), entitled Decorative Lighting Apparatus Having Two Laser Light Sources, which was

duly and legally issued on January 17, 2017. Telebrands is the assignee and the owner of all right,

title, and interest in and to the 775 Patent. A true and correct copy of the 775 Patent is attached

as Exhibit A. The 775 Patent is valid and subsisting.

12. The 775 Patent generally relates to a decorative lighting apparatus. Representative

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claim 1 of the 775 Patent recites:

A laser light decorative lighting apparatus, comprising:

a first laser light source generating a first light;
a second laser light source generating a second light; and
a motion assembly including:
at least one articulating optical element disposed in a first path of
the first light being generated by the first laser light source and a second
path of the second light being generated by the second laser light source;
and
at least one motor coupled to the at least one articulating element
such that a movement generated by the motor drives the at least one
articulating optical element,
the motion assembly being configured such that the movement driving
articulating optical element by the motor causes the first light and the second light
to move across a surface onto which the first light and the second light are being
projected in a predetermined pattern.

13. The STAR SHOWER product is also covered by U.S. Patent No. 9,562,673 (the

673 Patent), entitled Decorative Lighting Apparatus Having An Attenuation Assembly, which

was duly and legally issued on February 7, 2017. Telebrands is the assignee and the owner of all

right, title, and interest in and to the 673 Patent. A true and correct copy of the 673 Patent is

attached as Exhibit B. The 673 Patent is valid and subsisting.

14. The 673 Patent generally relates to a decorative lighting apparatus. Representative

claim 1 of the 673 Patent recites:

An attenuation assembly for a decorative lighting apparatus, the attenuation

assembly comprising:
an attenuator;
a first housing being configured to be coupled to a second housing; and
a first base being configured to be coupled to a second base,
the first housing being coupled to the second housing to form a recess
designed and dimensioned to receive and hold the attenuator in a substantially fixed
position, and
the first base being coupled to the second base to form a further recess
designed and dimensioned to receive and hold the coupled first housing and second
housing in a substantially fixed position.

15. Prometheus is the owner of, and Telebrands is the exclusive licensee under, U.S.

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Trademark Registration No. 4,833,721 for the mark STAR SHOWER for a laser light projector.

A copy of the registration certificate is attached hereto as Exhibit C. The trademark registration is

valid and subsisting.

16. The STAR SHOWER trademark was adopted to indicate the source of the STAR

SHOWER Products. The mark is non-functional, fanciful, inherently distinctive and well-

recognized as and represents the source of Telebrands product sold in association therewith and

a substantial goodwill of Telebrands throughout the United States, including the State of New

Jersey.

17. Since at least as early as June 18, 2015, Telebrands has continuously used the name

STAR SHOWER in interstate commerce in connection with the sale, distribution, promotion and

advertising of its laser light products.

18. The STAR SHOWER trademark has achieved widespread recognition among the

relevant purchasing public and the trade and has acquired secondary meaning.

19. Telebrands advertising and promotion highlights the STAR SHOWER trademark.

20. The STAR SHOWER trademark and the goodwill associated therewith is a

valuable asset of Plaintiffs.

21. As a result of its long and substantially exclusive use, substantial sales and

extensive advertising and promotional activities in connection with Telebrands STAR SHOWER

Products, the STAR SHOWER trademark has become well-known and widely recognized as

indicating the source or origin of Telebrands product.

22. The arbitrary and distinctive mark STAR SHOWER identifies Telebrands as the

source or origin of goods bearing, sold under, distributed and advertised in association with the

mark and Plaintiffs enjoy valuable goodwill in the mark.

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Defendants Acts of Infringement

23. On information and belief, without Telebrands authorization, Everstar has made,

used, sold, offered for sale, and/or imported into the United States and continues to make, use, sell,

offer for sale, and/or import into the United States infringing decorative lighting products under

the mark STAR LASER (the Infringing Product) throughout the United States and within this

Judicial District.

24. The Infringing Product infringes at least one claim of the 775 Patent and the 673

Patent.

25. Everstars Infringing Product infringes at least claims 1, 5, and 15 of the 775

Patent. For example, Everstars Infringing Product includes, inter alia, first and second laser light

sources and a motion assembly. The motion assembly includes an articulating element configured

to secure an optical element in the path of the light generated by the first and second laser light

sources and a motor coupled to the articulating element such that a movement generated by the

motor drives the optical element such that the movement driving the articulating element by the

motor causes the light to move across a surface onto which the light is being projected in a

predetermined pattern.

26. In addition to the features described above, Everstars Infringing Product also

includes a switch including a first setting corresponding to the first and second light sources being

in an off condition and a second setting corresponding to the first and second light sources being

in an on condition. Further, the motion assembly includes a motor coupled to the articulating

element such that a movement generated by the motor is imparted to the optical element so that

the light passing through the optical element is articulated as it is projected onto a surface.

Everstars Infringing Product also includes an attenuation assembly including an attenuator and a

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first member coupled to a second member, the first and second members forming a recess designed

and dimensioned to hold the attenuator in the path of the light generated by the first and second

laser light sources, such that the attenuator scatters the light passing through the attenuators as it

is projected onto a surface.

27. Everstars Infringing Product also infringes at least claims 1 and 9 of the 673

Patent. For example, Everstars Infringing Product includes, inter alia, a light source, an

attenuation assembly including an attenuator, a first housing configured to be coupled to a second

housing, and a first base configured to be coupled to a second base. The first housing is coupled

to the second housing to form a recess designed and dimensioned to receive and hold the attenuator

in a substantially fixed position, and the first base is coupled to the second base to form a further

recess designed and dimensioned to receive and hold the coupled first housing and second housing

in a substantially fixed position.

28. Everstars Infringing Product directly competes with Telebrands STAR SHOWER

line of products. On information and belief, Everstars Infringing Product has been sold and is

currently being sold by at least one major retailer in stores throughout the United States, and on

the Internet.

29. On information and belief, Everstars adoption of the inventions claimed in the 775

Patent and the 673 Patent is deliberate and intentional and with full knowledge of Telebrands

rights.

30. Everstars mark STAR LASER is a copy, counterfeit or colorable imitation of the

STAR SHOWER Trademark. On information and belief, Everstars use of the mark STAR

LASER is deliberate and intentional with full knowledge of Telebrands rights.

31. Everstars use of the mark STAR LASER was and is without Telebrands

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authorization and consent.

32. By adopting and using the mark STAR LASER, and by trading on Telebrands

valuable goodwill, Everstar has caused and is likely to cause confusion, mistake and deception of

purchasers and potential purchasers as to the source or origin of Everstars Infringing Product and

as to the existence of an association, connection, or relationship between Everstar and Telebrands.

33. Everstars acts as recited herein have been undertaken in bad faith so as to compete

unfairly with Telebrands.

34. Everstars actions have damaged and are likely to damage the reputation and

goodwill of Telebrands.

COUNT 1 PATENT INFRINGEMENT OF U.S. PAT. NO. 9,546,775

35. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1-34 above, as

though fully set forth herein.

36. This cause of action arises under Section 35 of the Patent Laws of the United States,

35 U.S.C. 271.

37. The 775 Patent is valid and enforceable.

38. By the acts alleged above, Everstar has committed acts of infringement of the 775

Patent, and continues to commit such acts of infringement, by making, using, selling, offering for

sale, and/or importing into the United States, products that infringe, directly or indirectly, one or

more claims of the 775 Patent without Telebrands authorization or consent.

39. On information and belief, Everstar has contributed to the infringement of the 775

Patent and/or actively induced others to infringe the 775 Patent by encouraging, marketing, and

promoting the use, manufacture, importation, offer for sale, and sale of the Infringing Product.

40. Everstar has been put on notice of the 775 Patent at least as early as the filing of

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the Complaint in this Action.

41. As a direct and proximate cause of Everstars direct and/or indirect infringement,

as alleged above, Plaintiff has suffered damages. Everstar is liable to Plaintiff for the amount of

any such damages.

42. Everstar will, on information and belief, continue to infringe upon Telebrands

rights under 271 of the Patent Act, unless and until it is enjoined by this Court. Telebrands has

been and is likely to continue to be irreparably injured unless Everstar is enjoined. Telebrands has

no adequate remedy at law.

COUNT 2 PATENT INFRINGEMENT OF U.S. PAT. NO. 9,562,673

43. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1-42 above, as

though fully set forth herein.

44. This cause of action arises under Section 35 of the Patent Laws of the United States,

35 U.S.C. 271.

45. The 673 Patent is valid and enforceable.

46. By the acts alleged above, Everstar has committed acts of infringement of the 673

Patent, and continues to commit such acts of infringement, by making, using, selling, offering for

sale, and/or importing into the United States, products that infringe, directly or indirectly, one or

more claims of the 673 Patent without Telebrands authorization or consent.

47. On information and belief, Everstar has contributed to the infringement of the 673

Patent and/or actively induced others to infringe the 673 Patent by encouraging, marketing, and

promoting the use, manufacture, importation, offer for sale, and sale of the Infringing Product.

48. Everstar has been put on notice of the 673 Patent at least as early as the filing of

the Complaint in this Action.

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49. As a direct and proximate cause of Everstars direct and/or indirect infringement,

as alleged above, Plaintiff has suffered damages. Everstar is liable to Plaintiff for the amount of

any such damages.

50. Everstar will, on information and belief, continue to infringe upon Telebrands

rights under 271 of the Patent Act, unless and until it is enjoined by this Court. Telebrands has

been and is likely to continue to be irreparably injured unless Everstar is enjoined. Telebrands has

no adequate remedy at law.

COUNT 3-TRADEMARK INFRINGEMENT UNDER SECTION 32 OF THE LANHAM ACT

(U.S. TRADEMARK REGISTRATION NO. 4,833,721)

51. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1-50 above, as

though fully set forth herein.

52. This cause of action for trademark infringement arises under Section 32 of the

Lanham Act, 15 U.S.C. 1114, and is for infringement of a trademark registered by Prometheus

in the United States Patent and Trademark Office as U.S. Registration No. 4,833,721, and

exclusively licensed to Telebrands.

53. The unauthorized use of Plaintiffs federally registered trademark is likely to cause

confusion, mistake or deception in that actual and potential customers are likely to believe that

Everstars goods are provided by, sponsored by, approved by, licensed by, affiliated or associated

with, or emanate from Plaintiffs, and Everstars acts constitute trademark infringement.

54. Everstar will continue its infringing acts unless enjoined by this Court. Plaintiffs have

no adequate remedy at law.

COUNT 4 -- FEDERAL UNFAIR COMPETITION

55. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1-54 above as

though fully set forth herein.

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56. This cause of action arises under Section 43(a) of the Lanham Act, 15 U.S.C.

1125(a).

57. On information and belief, Everstar knowingly adopted and used the mark STAR

LASER with full and actual knowledge of Plaintiffs distinctive mark.

58. Everstars unauthorized importation, use, distribution, offer for sale, advertising

and/or sale of goods bearing the mark STAR LASER constitutes a false designation of origin that

is likely to cause confusion, mistake or deception as to origin, sponsorship or approval and

therefore constitutes unfair competition in violation of Section 43(a) of the Lanham Act, 15 U.S.C.

1125(a).

59. Everstars unauthorized importation, use, distribution, offer for sale, advertising

and/or sale of goods bearing the mark STAR LASER constitutes a false representation that is likely

to cause confusion, mistake or deceive the consuming public as to the affiliation and/or connection

of Everstars products as originating from or being sponsored by Plaintiffs when, in fact, they are

not.

60. Plaintiffs have been and are being damaged by such acts, and damage will continue

unless Everstars acts are enjoined by this Court. Plaintiffs have no adequate remedy at law.

COUNT 5 -- COMMON LAW TRADEMARK INFRINGEMENT

AND UNFAIR COMPETITION

61. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1-60 above as

though fully set forth herein.

62. This cause of action arises under New Jersey common law.

63. Everstar, by its acts, has unfairly competed with Plaintiffs and has infringed

Plaintiffs common law rights in the STAR SHOWER Trademark in violation of the common law

of the State of New Jersey. As a result of Everstars acts, purchasers are likely to be confused,

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mistaken or deceived as to the origin, sponsorship, affiliation or approval of Everstars products

by Plaintiffs.

64. Plaintiffs have been and are being damaged by such acts, and damage will continue

unless Everstars acts are enjoined by this Court. Plaintiffs have no adequate remedy at law.

COUNT 6 -- UNFAIR COMPETITION UNDER N.J.S.A 56:4-1 et seq.

65. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1-64 above as

though fully set forth herein.

66. This cause of action arises under N.J.S.A. 56:4-1 et seq.

67. Everstars unauthorized use in commerce of a copy, counterfeit or colorable imitation

of the STAR SHOWER Trademark is likely to cause confusion, mistake or deception of purchasers

and potential purchasers as to the origin, sponsorship, or approval of Everstars products by

Plaintiffs.

68. By using such copy of the STAR SHOWER Trademark, Everstar has falsely and

misleadingly described and suggested that the products that it is selling and offering for sale

emanate from or are sponsored or approved by Plaintiffs.

69. The foregoing acts of Everstar constitute unfair competition in violation of N.J.S.A.

56:4-1.

70. Everstars statutory violations and other wrongful acts have injured and threaten to

continue to injure Plaintiffs, including loss of customers, dilution of goodwill, confusion of

existing and potential customers and injury to its reputation.

71. Plaintiffs have been and are being damaged by such acts and damage will continue

unless Everstars acts are enjoined. Plaintiffs have no adequate remedy at law.

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PRAYER FOR RELIEF

WHEREFORE, Plaintiffs demand judgment:

a) Entering judgment in Plaintiffs favor and against Everstar on all claims;

b) Adjudging and decreeing that Everstar has unlawfully infringed, contributorily

infringed and/or induced infringement of the 775 Patent and the 673 Patent;

c) Adjudging and decreeing that Everstar has infringed the trademark STAR

SHOWER and has engaged in acts of unfair competition;

d) Temporarily restraining and preliminarily and permanently enjoining Everstar, its

officers, agents, servants, employees and attorneys and all those in active concert or participation

with any of them:

1. from infringing the 775 Patent and the 673 Patent; and

2. from making, using, importing, distributing, promoting, selling, or offering to

sell a decorative lighting product bearing the mark STAR LASER, the

trademark STAR SHOWER, or any colorable imitation of Plaintiffs distinctive

trademark, and/or otherwise infringing Plaintiffs trademark or engaging in acts

of unfair competition.

e) Requiring Everstar to pay Telebrands any damages Telebrands has suffered arising

out of and/or as a result of Everstars patent infringement, including Telebrands lost profits,

Everstars profits, and/or reasonable royalties for Everstars patent infringement, and any other

relief provided for in 35 U.S.C. 284 and 289;

f) Awarding Telebrands its reasonable attorneys fees because of the exceptional

nature of this case, pursuant to 35 U.S.C. 285, 15 U.S.C. 1117(a) and/or N.J.S.A. 56:4-1 et seq.

and/or any other statute alleged in this Complaint;

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g) Ordering an accounting by Everstar to Plaintiffs of any profits gained from the sale

of goods bearing a colorable imitation of the mark STAR SHOWER under 15 U.S.C. 1117;

h) Requiring Everstar to pay its profits to Plaintiffs, any damages sustained by

Plaintiffs as a result of its acts, and Plaintiffs costs for the action, pursuant to 15 U.S.C. 1117(a)

and/or N.J.S.A. 56:4-1 et seq. and/or any other damages recoverable under any other statute or law

alleged in this Complaint;

i) Entering an award of three times the amount of Plaintiffs damages or Everstars

profits, whichever is greater, pursuant to 15 U.S.C. 1117(a) and/or N.J.S.A. 56:4-1 et seq. and/or

any other statute alleged in this Complaint;

j) Requiring Everstar to pay to Telebrands enhanced damages due to the exceptional

nature of this case; and

k) Granting such other and further relief as this Court deems just and proper.

JURY DEMAND

Plaintiffs request a trial by jury in this matter.

Respectfully submitted,
Dated: April 26, 2017
By: s/ Liza M. Walsh
Liza M. Walsh
Hector D. Ruiz
Katelyn OReilly
WALSH PIZZI OREILLY FALANGA LLP
One Riverfront Plaza
1037 Raymond Blvd., Suite 600
Newark, New Jersey 07102
Tel.: (973) 757-1100
Fax: (973) 757-1090

Tonia A. Sayour
COOPER & DUNHAM LLP
30 Rockefeller Plaza

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New York, New York 10112

Tel.: (212) 278-0400
Fax: (212) 391-0525
tsayour@cooperdunham.com

Robert T. Maldonado (to be admitted pro hac vice)

COOPER & DUNHAM LLP
30 Rockefeller Plaza
New York, New York 10112
Tel: (212) 278-0400
Fax: (212) 391-0525
rmaldonado@cooperdunham.com

Attorneys for Plaintiffs Telebrands Corp.

and Prometheus Brands LLC

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CERTIFICATION PURSUANT TO L. CIV. R. 11.2

I hereby certify that, to the best of my knowledge, the matter in controversy is not the

subject of any other pending or anticipated litigation in any court or arbitration proceeding, nor are

there any non-parties known to Telebrands that should be joined to this action. In addition, I

recognize a continuing obligation during the course of this litigation to file and to serve on all other

parties and with the Court an amended certification if there is a change in the facts stated in this

original certification.

Respectfully submitted,
Dated: April 26, 2017
By: s/ Liza M. Walsh
Liza M. Walsh
Hector D. Ruiz
Katelyn OReilly
WALSH PIZZI OREILLY FALANGA LLP
One Riverfront Plaza
1037 Raymond Blvd., Suite 600
Newark, New Jersey 07102
Tel.: (973) 757-1100
Fax: (973) 757-1090

Tonia A. Sayour
COOPER & DUNHAM LLP
30 Rockefeller Plaza
New York, New York 10112
Tel.: (212) 278-0400
Fax: (212) 391-0525
tsayour@cooperdunham.com

Robert T. Maldonado (to be admitted pro hac vice)

COOPER & DUNHAM LLP
30 Rockefeller Plaza
New York, New York 10112
Tel: (212) 278-0400
Fax: (212) 391-0525
rmaldonado@cooperdunham.com

Attorneys for Plaintiffs Telebrands Corp.

and Prometheus Brands LLC

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LOCAL CIVIL RULE 201.1 CERTIFICATION

Pursuant to Local Civil Rule 201.1, Telebrands, through its attorneys, certifies that the

above captioned matter is not subject to compulsory arbitration.

Respectfully submitted,
Dated: April 26, 2017
By: s/Liza M. Walsh
Liza M. Walsh
Hector D. Ruiz
Katelyn OReilly
WALSH PIZZI OREILLY FALANGA LLP
One Riverfront Plaza
1037 Raymond Blvd., Suite 600
Newark, New Jersey 07102
Tel.: (973) 757-1100
Fax: (973) 757-1090

Tonia A. Sayour
COOPER & DUNHAM LLP
30 Rockefeller Plaza
New York, New York 10112
Tel.: (212) 278-0400
Fax: (212) 391-0525
tsayour@cooperdunham.com

Robert T. Maldonado (to be admitted pro hac vice)

COOPER & DUNHAM LLP
30 Rockefeller Plaza
New York, New York 10112
Tel: (212) 278-0400
Fax: (212) 391-0525
rmaldonado@cooperdunham.com

Attorneys for Plaintiffs Telebrands Corp.

and Prometheus Brands LLC

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CIVIL COVER SHEET
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

TELEBRANDS CORP. and PROMETHEUS BRANDS LLC EVERSTAR MERCHANDISE CO., LTD.

(b) County of Residence of First Listed Plaintiff Essex County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Liza M. Walsh - Walsh Pizzi O'Reilly Falanga LLP
One Riverfront Plaza, 1037 Raymond Blvd., Suite 600
Newark, NJ 07102 - (973) 757-1100

II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State

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

Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 400 State Reapportionment
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 410 Antitrust
140 Negotiable Instrument Liability 367 Health Care/ 430 Banks and Banking
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 450 Commerce
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 460 Deportation
151 Medicare Act 330 Federal Employers Product Liability 830 Patent 470 Racketeer Influenced and
152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizations
Student Loans 340 Marine Injury Product 480 Consumer Credit
(Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY 490 Cable/Sat TV
153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 850 Securities/Commodities/
of Veterans Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) Exchange
160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 890 Other Statutory Actions
190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI 891 Agricultural Acts
195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 893 Environmental Matters
196 Franchise Injury 385 Property Damage 751 Family and Medical 895 Freedom of Information
362 Personal Injury - Product Liability Leave Act Act
Medical Malpractice 790 Other Labor Litigation 896 Arbitration
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS 899 Administrative Procedure
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff Act/Review or Appeal of
220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) Agency Decision
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party 950 Constitutionality of
240 Torts to Land 443 Housing/ Sentence 26 USC 7609 State Statutes
245 Tort Product Liability Accommodations 530 General
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION
Employment Other: 462 Naturalization Application
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an X in One Box Only)
1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. Section 1, et seq. and 15 U.S.C. Section 1114.
VI. CAUSE OF ACTION Brief description of cause:
Patent and trademark infringement.
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
04/26/2017 s/ Liza M. Walsh
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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