rSev4S4YJUDGEABRAMS

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
ules of court.
court. This
This form,
form, approved by the

Judicial Conference ofthe United Statesin Si=*tember 1974, isrequired forr usj^>f
for the purpose of
us^)f the Clerk ofCourt
ofCourtfor

initiating the civil docket sheet.

C>^

PLAINTIFFS

Hapak Enterprises, Inc. d/b/a, Current Technologies

^^

14

4782

DEFENDANTS

Hypewipes, LLC

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEIrMe

Abelman Frayne & Schwab

NUMBER

ATTORNEYS (IF KNOWN)

666 Third Avenue

New York, New York

(212) 949-2022

CAUSEOF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OFCAUSE)
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

Violationsof Trademark Infringement under 15 U.S.C. Section 1114; 15 U.S.C. Section 1125(a)

Has this action, case, or proceeding, or one essentially the same been previously filed in SDNY atany time? NcEVesdudge Previously Assigned
If yes, was this case Vol.FJ Invol. Q Dismissed. No fj Yes FJ If yes, give date
IS THIS AN INTERNATIONAL ARBITRATION CASE?

No 0

(PLACE AN [x] INONEBOXONLY)

&Case No.

Yes
NATURE OF SUIT
ACTIONS UNDER STATUTES

PERSONAL INJURY

PERSONAL INJURY

FORFEITURE/PENALTY

BANKRUPTCY

OTHER STATUTES

[ J 422 APPEAL

[ ) 400 STATE

[ 1 367 HEALTHCARE/
I
[
I
I

1110
]120
]130
1140

INSURANCE
MARINE

[ ] 310 AIRPLANE
[ ] 315 AIRPLANE PRODUCT

MILLER ACT
NEGOTIABLE

LIABILITY

RECOVERY OF

SLANDER

MEDICARE ACT
RECOVERY OF

LIABILITY

DEFAULTED

[ ] 350 MOTOR VEHICLE

STUDENT LOANS

[ j 355 MOTOR VEHICLE

RECOVERY OF

LIABILITY

INJURY

SOCIAL SECURITY

[ ] 380 OTHER PERSONAL

[ ] 362 PERSONAL INJURY MED MALPRACTICE

[ ] 385 PROPERTY DAMAGE

[ ]210
[ ]220
[ J 230
[ ]240
1 ]245

STANDARDS ACT

[ ] 720 LABOR/MGMT

CONTRACT

[ ) 463 ALIEN DETAINEE

[ ] 510 MOTIONS TO

CONTRACT

VACATE SENTENCE

ACTIONS UNDER STATUTES

28 USC 2255
CIVIL RIGHTS

[ ] 440 OTHER CIVIL RIGHTS

(Non-Prisoner)

LAND

CONDEMNATION
FORECLOSURE
RENT LEASE &

EJECTMENT
TORTS TO LAND
TORT PRODUCT

[ ) 441 VOTING
[ ] 442 EMPLOYMENT
( 1 443 HOUSING/
ACCOMMODATIONS

[ ) 445 AMERICANS WITH

DISABILITIES -

ALL OTHER

[ ] 530 HABEAS CORPUS

[ ] 535 DEATH PENALTY
[ ] 540 MANDAMUS & OTHER

ANTITRUST
BANKS & BANKING
COMMERCE
DEPORTATION
RACKETEER INFLU
ORGANIZATION ACT

(RICO)
[ ] 480 CONSUMER CREDIT
[ ] 490 CABLE/SATELLITE TV
[ ) 850 SECURITIES/

[ j 863 DIWC/DIWW (405(g))

[ ] 864 SSID TITLE XVI
[ ] 865 RSI (405(g))

[ ) 890 OTHER STATUTORY

ACTIONS

[ ) 740 RAILWAY LABOR ACT

[ ] 751 FAMILY MEDICAL
LEAVE ACT (FMLA)
[ ] 790 OTHER LABOR
LITIGATION

[ ) 791 EMPL RET INC

SECURITY ACT

! ) 891 AGRICULTURAL ACTS

FEDERAL TAX SUITS

[ ] 870 TAXES (U.S. Plaintiff or

Defendant)
[ ] 871 IRS-THIRD PARTY

[ ] 893 ENVIRONMENTAL
MATTERS

[ ) 895 FREEDOM OF
INFORMATION ACT

26 USC 7609

[ ) 896 ARBITRATION
[ ] 899 ADMINISTRATIVE
PROCEDURE ACT/REVIEW OR

PRISONER CIVIL RIGHTS

[ ) 462 NATURALIZATION
[ ] 550 CIVIL RIGHTS
[ ] 555 PRISON CONDITION
[ ] 560 CIVIL DETAINEE

COMMODITIES/
EXCHANGE

RELATIONS

IMMIGRATION

EMPLOYMENT

APPLICATION

[ ] 465 OTHER IMMIGRATION

ACTIONS

APPEAL OF AGENCY DECISION

[ ] 950 CONSTITUTIONALITY OF
STATE STATUTES

CONDITIONS OF CONFINEMENT

[ )446 AMERICANS WITH

DISABILITIES -OTHER

LIABILITY

[ ]290

[ ] 710 FAIR LABOR

PRODUCT LIABILITY
PRISONER PETITIONS

REAL PROPERTY

) 410
] 430
) 450
) 460
) 470

[ ]861 HIA(1395ff)
[ ] 862 BLACK LUNG (923)

LABOR

PROPERTY DAMAGE

OTHER

FRANCHISE

[ ] 820 COPYRIGHTS
[ ] 830 PATENT
M 840 TRADEMARK

[ ] 370 OTHER FRAUD

[ ] 371 TRUTH IN LENDING

LIABILITY

[ ]196

REAPPORTIONMENT

[
[
[
[
[

ENCED & CORRUPT

STOCKHOLDERS

PRODUCT

28 USC 157

PROPERTY RIGHTS

PERSONAL PROPERTY

PRODUCT LIABILITY

BENEFITS

i ]195

[ ] 690 OTHER

[ ] 423 WITHDRAWAL

INJURY PRODUCT

SUITS

I I 190

21 USC 881

1 1 375 FALSE CLAIMS

28 USC 158

[ ] 360 OTHER PERSONAL

OVERPAYMENT
OF VETERAN'S

[ ]160

[ ] 368 ASBESTOS PERSONAL

SEIZURE OF PROPERTY

LIABILITY

[ ] 340 MARINE
[ ] 345 MARINE PRODUCT

(EXCL VETERANS)
t I 153

PRODUCT LIABILITY

EMPLOYERS'

ENFORCEMENT

I 1151
I 1152

[ ] 365 PERSONAL INJURY

[ ] 330 FEDERAL

OVERPAYMENT &

OF JUDGMENT

INJURY/PRODUCT LIABILITY

[ ] 320 ASSAULT, LIBEL &

INSTRUMENT

[ J 150

PHARMACEUTICAL PERSONAL , , 625 DRUG RELATED

[ ] 448 EDUCATION

REAL PROPERTY

Checkifdemanded in complaint:

CHECK IF THIS IS ACLASS ACTION

UNDER F.R.C.P. 23

DEMAND $$1,000,000

OTHER Injunction

liaYpyCLAIM THIS CASE IS RELATED TO ACIVIL CASE NOW PENDING IN S.D.N.Y.'

JUDGE

DOCKET NUMBER

Check YES onlyifdemanded incomplaint

JURY DEMAND: DYES IHhlO

NOTE: You must also submitat the time offiling the Statement of Relatedness form (Form IH-32).

(PLACE AN x IN ONE BOX ONLY)

L*J 1 Original

ORIGIN

U 2 Removed from

Proceeding

II 3 Remanded LJ 4 Reinstated or

State Court

from

3. ,11 parties represented

1'

(_) 5 Transferred from 6 Multidistrict

Reopened

(Specify District)

7 Appeal to District

Litigation

Judge from

APPellate

Magistrate Judge

Court

Judgment

| | b. At least one
party is pro se.

(PLACEANxINONEBOXONLY)
BASIS OF JURISDICTION
1 U.S. PLAINTIFF 2 U.S. DEFENDANT \x\ 3 FEDERAL QUESTION
D4 DIVERSITY

IF DIVERSITY, INDICATE
CITIZENSHIP BELOW.

(U.S. NOT A PARTY)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)

(Place an [X] in one box for Plaintiffand one box for Defendant)
PTF

CITIZEN OF THIS STATE

DEF

[ )1 [ ]1

PTFDEF

CITIZEN OR SUBJECT OF A

[ ]3 [ ]3

FOREIGN COUNTRY

CITIZEN OF ANOTHER STATE [ ) 2 [ ] 2

PTF

INCORPORATED andPRINCIPAL PLACE

DEF

[ ]5 [ ]5

OF BUSINESS IN ANOTHER STATE

INCORPORATED or PRINCIPAL PLACE

[ ]4 [ ]4

FOREIGN NATION

[16

[16

OF BUSINESS IN THIS STATE

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

Hapak Enterprises, Inc. d/b/a, Current Technologies

439 N 525 E

Crawfordville, IN 47933

Montgomery County

DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)

Hypewipes, LLC
88 Bellemeadow Drive

Watertown, CT 06795

Litchfield County

DEFENDANT(S) ADDRESS UNKNOWN

REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN
RE91BENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Check one:

THIS ACTION SHOULD BE ASSIGNED TO:

WHITE PLAINS

\*\ MANHATTAN

(DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS

COMPLAINT.)

y.

DATE 06/27/2014 SIGNATURE^ Apq^EY^^p>RD /f

RECEIPT*

j^Z<*'C***T\_!s^&L^~*'

ADMITTED TO PRACTICE IN THIS DISTRICT

*

WYES (DATE ADMITTED Mo.June

Attorney BarCode# 6336

Magistrate Judge is to be designated by the Cieil(f^rr&^8^NBTBURM

Magistrate Judge

is so Designated.

Ruby J. Krajick, Clerk of Court by

Deputy Clerk, DATED

_.

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

Clear Form

Save

Print

Yr. 1985 ,

UNITED

STATES

DISTRICT

COURT

SOUTHERN DISTRICT OF NEW YORK

vJUDOCABrlAMS
HAPAK ENTERPRISES,

d/b/a,

INC.,--

CURRENT TECHNOLOGIES,

14 CV

Plaintiff,

-againstHYPEWIPES,

14

4782

Civ.

LLC,

d
CO

Defendant.

c:>

co -q

0m

COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES FOR p~ 2 ~*a

TRADEMARK INFRINGEMENT (15 U.S.C. 1114), FOR FALsk r= o
DESIGNATION OF ORIGIN (15 U.S.C. 1125(a)), FOR COMMON fin %
LAW UNFAIR COMPETITION, AND FOR A DECLARATORY JUDGEMENT ^
The

plaintiff

Technologies
Abelman,

("CURRENT

Frayne

&

Hapak

Enterprises,

TECHNOLOGIES"),

Schwab,

for

its

defendant Hypewipes, LLC ("HYPEWIPES"),

THE

1.

Inc.,

by

d/b/a

its

complaint

Current

attorneys,
against

the

alleges as follows:

PARTIES

The plaintiff CURRENT TECHNOLOGIES is and was at all

relevant times a corporation organized and existing under the

laws of the State of Indiana with offices at 439 N 525 E,
Crawfordsville,
2.

Indiana 47933.

CURRENT TECHNOLOGIES was

manufactures cleaning products,

established in 1994

and

such as HYPE-WIPE brand bleach

towelettes, that protect employees, patients, and researchers by

limiting the spread of germs and pathogens.
3.

Upon information and belief,

the defendant HYPEWIPES

is and was at all relevant times a limited liability company

organized in 2013 under the laws of the State of Connecticut,

with a business office at 88 Bellemeadow Drive,

Watertown,

CT

06795.

4.

Upon information and belief,

on its website

"HYPEWIPES.COM", HYPEWIPES sells cleaning and numerous other

products identified using the designation "HYPEWIPES" in
interstate

commerce

and within

the

Southern

District

of

New

York.

JURISDICTION AND VENUE

5.

This is an action seeking injunctive relief and

damages for trademark infringement in violation of the Trademark

Act of the United States, more particularly 15 U.S.C.

1114(1),

for false designation of origin in violation of the Trademark

Act of the United States, more particularly 15 U.S.C.

1125(a),

for related pendent acts of unfair competition in violation of

CURRENT TECHNOLOGIES'

common law rights,

declaratory judgment that "HYPEWIPES",

as well as for a

i.e.,

applied for in the defendant HYPEWIPES'

U.S.

the trademark
Trademark

Application No. 85/932,829, is confusingly similar to CURRENT

TECHNOLOGIES'

registered "HYPE-WIPE" trademark,

and for an order

directing the Commissioner of the United States Patent and

Trademark Office to reject HYPEWIPES'
under the provisions of 28 U.S.C.

trademark application

2201 and 2202,

and under

the laws of the United States concerning actions relating to

trademarks,

6.

15 U.S.C.

1119 and 1121.

This Court has jurisdiction over the subject matter of

this action pursuant to 15 U.S.C.

1331 (federal question),

and copyright),

1121

(Lanham Act),

28 U.S.C. 1338

and pursuant to 28 U.S.C.

28 U.S.C.

(patent, trademark

1367

(supplemental

jurisdiction).
7.

Venue is proper in the Southern District of New York

pursuant to 28 U.S.C. 1391(b)

FACTS

8.

and (c) .

COMMON TO ALL CAUSES

OF ACTION

By this action the plaintiff CURRENT TECHNOLOGIES

seeks to enjoin the defendant HYPEWIPES,

and those acting in

concert with it, from deliberately attempting to confuse the

public concerning the source,

origin,

and/or sponsorship of its

cleaning and numerous other products and from seeking to trade

upon and destroy CURRENT TECHNOLOGIES'
trademark,
9.

distinctive "HYPE-WIPE"

and the associate business reputation and good will.

CURRENT TECHNOLOGIES further seeks an award of damages

arising as the result of the defendant HYPEWIPES's unlawful

conduct.

10.

Since at least 1994,

CURRENT TECHNOLOGIES has sold

cleaning products identified using its "HYPE-WIPE" trademark.

11.

CURRENT TECHNOLOGIES owns all rights to Federal

Registration N-- 2,804,668,

for the trademark "HYPE-WIPE"

(the

"x668 Registration").
12.

The

^668 Registration issued on January 13, 2004,

is

registered on the Principal Register maintained by the United

States Patent and Trademark Office,

13.

and is valid and subsisting.

The ^668 Registration constitutes prima facie evidence

Of the validity of CURRENT TECHNOLOGIES'

"HYPE-WIPE" trademark

and of its exclusive right to use the trademark in commerce.

14.

Long before the acts of the defendant HYPEWIPES

complained of herein,

as the result of the promotion and sale of

products identified by the "HYPE-WIPE" trademark and the high

quality of the products offered in connection with the "HYPEWIPE" trademark,

the trademark has acquired a valuable

reputation and is now recognized by consumers as originating

from and being associated only with products originating from
the plaintiff CURRENT TECHNOLOGIES.
15.

As a direct result of this usage,

distinctive

"HYPE-WIPE" trademark has

the unique and

become well

known and is

associated by the public with CURRENT TECHNOLOGIES,

and

represents a business and good will of significant value.

16.

The defendant HYPEWIPES has offered cleaning and

numerous other products in the United States and in the Southern

District of New York bearing the infringing designation

"HYPEWIPES".

AS AND

FOR A

FIRST

CLAIM SEEKING

INJUNCTIVE AND MONETARY

TRADEMARK INFRINGEMENT

17.

RELIEF FOR

(15 U.S.C 1114)

The plaintiff realleges paragraphs

1 through 16 as

if

fully set forth herein.

18.

The

numerous

defendant

other

HYPEWIPES'

products

offering

bearing

the

"HYPEWIPES" is without the permission,

of

the

plaintiff

infringement,

deception,
19.

adopted

and

CURRENT

gives

to

consent,

cleaning

infringing

TECHNOLOGIES,

rise

of

and

designation

or authorization

constitutes

likelihood

trademark

of

confusion,

and mistake among the public.

Upon

and

information

used

the

and

belief,

designation

the

defendant

"HYPEWIPES"

with

HYPEWIPES

the

willful

purpose and intent of misleading the public and trading upon the
good

will

and

reputation

associated

with

CURRENT

TECHNOLOGIES'

registered "HYPE-WIPE" trademark.

20.

States

These

and

registered

acts

violate

constitute
"HYPE-WIPE"

the

Trademark

infringement
trademark

in

of

Act

of

CURRENT

violation

the

United

TECHNOLOGIES'

of

15

U.S.C.

et seq.

1114,

21.
public

source,

On account of the defendant HYPEWIPES'

is

likely

to

be

confused,

misled

or

activities,

deceived

origin or sponsorship of its products,

as

to

the
the

and the plaintiff

has

suffered

irreparable

injury,

including

injury

to

its

reputation and good will for which it has no adequate remedy at

law.

22.

this

On

account

State,

County,

interstate commerce,
not

as

yet

of

and

defendant

Southern

HYPEWIPES'

District

of

activities

New York,

in

and in

the plaintiff has been damaged in an amount

ascertained,

million dollars

the

but

believed

to

be

in

excess

of

one

($1,000,000.00).

AS AND

FOR A

SECOND CLAIM SEEKING INJUNCTIVE

AND MONETARY RELIEF FOR FALSE DESIGNATION OF

ORIGIN IN VIOLATION OF 15 U.S.C.

23.

1125(a)

The plaintiff realleges paragraphs 1 through 22 as if

fully set forth herein.

24.

The

designation

defendant

constitutes

HYPEWIPES'

the

use

offering

of

of

the

"HYPEWIPES"

products

bearing,

and

the use of false and misleading descriptions and representations

of
of

fact
the

in

interstate

United

25.
confused,

commerce,

and

violates

the

Trademark Act

States.

By reason of the foregoing,

misled,

or

deceived,

and

the public is likely to be

CURRENT

TECHNOLOGIES

is

now

and will continue to suffer irreparable injury, including injury

to

its good

will

and

reputation

for

which

it has

no

adequate

remedy at law.

26.

developed

Upon

and

information

used

the

and

belief,

"HYPEWIPES"

the

defendant

designation

with

HYPEWIPES

knowledge

that

it

was

false,

misleading,

and

deceptive,

and

with

the

intent to unfairly compete with CURRENT TECHNOLOGIES.

27.

On

account

HYPEWIPES

in

York,

plaintiff

the

ascertained,

this

of

State,
has

the

activities

County,
been

and

of

Southern

damaged

in

an

the

defendant

District

amount

not

of

New

as

yet

but believed to be in excess of one million dollars

($1,000,000.00) .
AS

AND

FOR A

THIRD

INJUNCTIVE AND MONETARY

COMPETITION

28.

CLAIM SEEKING

RELIEF FOR UNFAIR

IN VIOLATION OF THE

COMMON LAW

The plaintiff realleges paragraphs 1 through 27 as if

fully set forth herein.

29.

This

30.

The

cause

of

defendant

action

arises

HYPEWIPES'

designation is misleading,

use

under

of

the

the

common

law.

"HYPEWIPES"

is confusing the public,

a likelihood of injury to CURRENT TECHNOLOGIES'

and creates

public image and

reputation.
31.

Upon information and belief,

defendant HYPEWIPES'

as a result of the

use of the "HYPEWIPES" designation the

public is likely to falsely associate the attributes and

characteristics of CURRENT TECHNOLOGIES'

products to those of

HYPEWIPES.

32.

By reason of the foregoing,

the defendant HYPEWIPES

has engaged and is continuing to engage in acts of unfair

competition in violation of the common law.

33.

Upon information and belief,

the defendant HYPEWIPES

adopted and is using the "HYPEWIPES" designation with knowledge

that it is misleading and with the intent to confuse, mislead,
and deceive consumers,

and to unfairly compete with CURRENT

TECHNOLOGIES.

34.

By reason of the foregoing,

CURRENT TECHNOLOGIES is

now and will continue to suffer irreparable injury,

including

injury to its good will and reputation for which it has no

adequate remedy at law.
35.

On account

of

the

HYPEWIPES in this State,

York,

activities

County,

of

the

and Southern District of New

and throughout the United States,

the plaintiff has been

damaged in an amount not as yet ascertained,

in excess of one million dollars
AS AND

defendant

but believed to be

($1,000,000.00).

FOR A

FOURTH

CLAIM FOR DECLARATORY RELIEF

36.

The plaintiff realleges paragraphs

1 through 35 as

if

fully set forth herein.

37.
CURRENT

There

is

an

TECHNOLOGIES

actual

and the

registerability of U.S.

38.

defendant

between

HYPEWIPES

Trademark Application No.

the

plaintiff

concerning the
85/932,829.

CURRENT TECHNOLOGIES seeks a declaratory judgment that

the mark that

85/932,829,
CURRENT

controversy

is

the

namely

TECHNOLOGIES'

subject

of

"HYPEWIPES",
registered
8

U.S.

is

Trademark Application No.

confusingly

"HYPE-WIPE"

similar

trademark,

and

to
for

an
and

order directing the Commissioner of the United States

Trademark

Office

application because

to

it

reject

fails

to

the

defendant's

comply with one

Patent

trademark

or more

of

the

requirements of registration.
WHEREFORE,

1.

CURRENT TECHNOLOGIES demands judgment:

preliminarily

restraining

the

employees,

and

defendant

successors

permanently

HYPEWIPES,

and

assigns,

concert or participation with it,

a.

having
for

manufacturing,

produced,

sale,

products,

advertising,

its

and

agents,

all

and

servants,

those

acting

in

from:

having

distributing,

enjoining

manufactured,

circulating,

promoting,

using

producing,

selling,

or

offering

displaying

cleaning

or any other product or service using any designations

confusingly

similar

trademark,

to

including

CURRENT

but

not

TECHNOLOGIES'

limited

to

"HYPE-WIPE"

the

"HYPEWIPES"

designation and the "HYPEWIPES.COM" Internet URL;

b.
whatsoever,

making
or

representations

production,

other

similar

using
of

any

fact

distribution,

advertising,
any

any

promotion,
products

to

or

CURRENT

statement

false
in

or

representation

misleading

connection

circulation,

use,

or

with

sale,

descriptions
the

or

manufacture,

offering for

sale,

or display of cleaning products or

services

using

TECHNOLOGIES'

any

marks

confusingly

"HYPE-WIPE"

trademark,

including but not limited to the "HYPEWIPES" designation and the

"HYPEWIPES.COM" Internet URL;

c.
infringement

engaging
of

and

in

CURRENT

any

other

TECHNOLOGIES'

activity

constituting

"HYPE-WIPE"

trademark,

or

unfair competition with CURRENT TECHNOLOGIES;

2.

directing

expense,
and

recall

that

all

advertising

of

its

material

"HYPEWIPES" designation,
to

CURRENT

disable

and

HYPEWIPES,

and marketing,
bears

"HYPE-WIPE"

or

at

its

own

promotional,

incorporates

the

trademark,

which

have

been

sold or shipped by it;

that

cancel

product
which

distributed,

directing

defendant

or any designations confusingly similar

TECHNOLOGIES'

manufactured,

3.

the

the

its

defendant

registration

HYPEWIPES
of

the

immediately

"HYPEWIPES.COM"

Internet URL,

4.
CURRENT

directing

TECHNOLOGIES'

destruction
molds,

in

that

all

plates,

the

defendant

attorneys

products,

labels,

or

HYPEWIPES

representatives

signs,

dies,

wrappers,

receptacles,

its possession or

under its

control

designation

and

"HYPEWIPES.COM"

deliver

prints,
and

packages,

URL,

"HYPEWIPES"

or

designations confusingly similar to CURRENT TECHNOLOGIES'

WIPE"

trademark,

and all

plates,

means of making the same;

10

molds,

for

advertisements

bearing the

Internet

to

matrices

any
"HYPE-

and any other

5.

directing

that

the

defendant

HYPEWIPES

Court and serve on the CURRENT TECHNOLOGIES'

writing

and

under

which it has

oath

setting

forth

in

file

with

the

counsel a report in

detail

the

manner

in

complied with any temporary restraining order,

or

preliminary or permanent injunction entered herein within thirty

(30) days of receipt of service of any such order or injunction;
6.

directing

such

other

relief

as

the

Court

may

deem

appropriate to prevent the public from being misled or deceived;

7.
the

awarding

defendant

circulation,
use

or

HYPEWIPES'

sale,

display

services

CURRENT

of

TECHNOLOGIES

manufacture,

offering

for

cleaning

products

bearing

the

its

damages

production,

sale,

any

promotion,

other

product

or

or

any

designation,

designations confusingly similar to CURRENT TECHNOLOGIES'

WIPE"

trademark,

and

HYPEWIPES'

and that such award be

total

profit

by

distribution,

advertising,
or

"HYPEWIPES"

caused

realized

trebled pursuant to 15 U.S.C.

"HYPE-

thereby,

1114,

et

seg. ;

8.

for

Application
similar

United

No.

to

trademark,

a declaration

and

States

85/932,829,

CURRENT
for

an

Patent

that

the

namely

subject

"HYPEWIPES",

TECHNOLOGIES'
order

directing

and

Trademark

trademark registration;

11

of

U.S.

is

registered
the

Trademark

confusingly
"HYPE-WIPE"

Commissioner

Office

to

of

reject

the

the

9.

for

an

assessment

of

costs,

fees incurred by CURRENT TECHNOLOGIES;

10.

for

such

other

and

further

interest,

and

attorneys'

and
relief

as

the

Court

just.
Dated:

June 27, 2014

New York, NY

ABELMAN

FRAYNE

jS4>

Michael Aschen
Norman

666

D.

&

SCHWAB

(MA 6336)

Hanson

Third Avenue

New York, NY 10017

(212) 949-9022
Counsel

12

for

the

Plaintiff

deems