...

..

UNITED STATES DIS'it11~CO~""t~: T

SOUTHERN DISTRICT.i_F~'W ~it'
-_..

THINGCHARGER, INC. and

P3 INTERNATIONAL CORP.,
Plaintiffs,

)
)
)
)

00799

Case No.

)
)

)
)
VIATEK CONSUMER PRODUCTS GROUP, INC., )
VIATEK INTERNATIONAL, LLC, and
)
FOSHAN UM ELECTRONICS CO., LTD.,
)
)
Defendants.
)

(.!)

v.

r )

- -
----

COMPLAINT

Plaintiffs Thingcharger, Inc. and P3 International Corp. assert the following as their
complaint against defendants.

The Parties
1.

Plaintiff P3 International Corp. is a corporation organized and existing under the

laws of the State of New York having its principal place of business at 132 Nassau Street, New
York, New York ("P3").
2.

Plaintiff Thingcharger, Inc. Is a corporation organized and existing under the

laws of State of New York having its principal place of business at 1 Grandview Avenue,
Cornwall-on-Hudson, New York, New York ("Thingcharger") .
3.

Upon information and belief, defendant Viatek Consumer Products Group, Inc. is

a corporation organized and existing under the laws of the State of Florida having its principal
office at 6011 Century Oaks Drive, Chattanooga, Tennessee ("Viatek CPG").
4.

Upon information and belief, defendant Viatek International LLC is a limited

liability company organized and existing under the laws of the State of Florida having its
principal office at 6011 Century Oaks Drive, Chattanooga, Tennessee ("Viatek lnt'l").

~- ----

..

5.

Upon information and belief, defendant Foshan UM Electronics Co., Ltd. is a

company organized and existing under the laws of China having its principal office at Room
228, Daxan Business Plaza, Luopo Street, Panyu, Guanzhou, China ("Foshan").

Jurisdiction and Venue

6.

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

States, 35 U.S.C. 100, et seq., for trade dress infringement and false designation of origin
under the trademark laws of the United States, 15 U.S.C. 1051 et seq., and for unfair
competition, misappropriation, and deceptive trade practices under the laws of the State of New
York. This Court has jurisdiction over this case pursuant to 28 U.S.C. 1331, 1338(a) and (b)
and 1367, insofar as it arises under the laws of the United States and joins substantial claims of
unfair competition and other related claims forming part of the same case or controversy, and
under 28 U.S.C. 1332 insofar as the parties are citizens of different states and the matter in
controversy exceeds the sum or value of $75,000.00, exclusive of interest and costs. Venue is
proper in this district pursuant to 28 U.S.C. 1391 (b) and (c) and 1400(b).

Claim I
Design Patent Infringement
7.

This is a claim for infringement of a design patent in violation of 35 U.S.C.

271 and 289.

8.

Plaintiff Thingcharger is the owner of all right title and interest in United States

Design Patent No. D700,892S for Auxiliary Port and Outlet Extender, issued March 11, 2014 to
Thingcharger on assignment from its inventor, Seymour Segnit, a copy which is annexed as
Exhibit A to this complaint ("the Segnit patent").
9.

In September 2013, Thingcharger and its founder, Seymour Segnit, launched a

product start-up funding campaign, first on the website thingcharger.com and then, beginning
October 2013, on the crowd funding site indiegogo.com, for the promotion of a low profile

electrical outlet extender with ports for charging personal electronic devices such as cell
phones, smart phones and tablets without a cable and leaving the extended outlet accessible.
The thingcHARGER quickly became the most successful crowd funded mobile device accessory
ever, raising nearly $650,000.00 by the end of the first lndiegogo campaign in January 2014
and over $700,000.00 in customer contributions to date, over 25 times the initial goal. The
thingCHARGER has been promoted on Facebook and other social media, as well as the online
advertising network, Taboola, and is the first product of its kind. Its design is unique in its low
profile, both physically as a minimum dimension extending out from the wall, as well as visually
in that it matches what it plugs into physically and covers visually. Its smooth and unintrusive
lines, contours and silhouette blend seamlessly into the home or office wall environment,
virtually invisible when viewed from the front, with a slim profile that means its visual impact is
assimilated from all angles. The design is striking in its simplicity as promoted and at the point
of sale, whether in a crowd funding campaign, internet promotion or displayed in a retail store.
10.

Plaintiff P3 is the exclusive licensee of the Segnit patent and the exclusive

distributor of the thingCHARGER for delivery to the lndiegogo campaign contributors as well as
for distribution for sale to the general retail market.
11.

Upon information and belief, defendants have manufactured or have had

manufactured for them, have imported into the United States, have sold to or in privity with
Telebrands Corp., and have promoted and advertised on viatekproducts.com, at the 2015
Consumer Electronics Show in Las Vegas, Nevada, on their Facebook page, on the web site
buysocketdock.com and elsewhere, the SocKET DOCK and the SocKET GENIE, electrical outlet
extenders with ports for charging personal electronic devices such as cell phones, smart
phones and tablets without a cable and leaving the extended outlet accessible, which are
copies or colorable imitations of the thingcHARGER and the design claimed and depicted in the
Segnit patent, have advertised and offered those products for sale and have sold them
throughout the United States and in this judicial district, all in direct competition with the

thingcHARGER. The SOCKET DocK, as advertised and sold on viatekproducts.com,

buysocketdock.com and elsewhere, is depicted in thE~ images annexed as Exhibit B to this
Complaint. The SocKET GENIE, as sold, advertised and offered for sale with media depicting
the SocKET DocK on viatekproducts.com, is depicted in Exhibit C annexed to this Complaint.
12.

Defendants, by their promotion, advertising, depiction, importation, sale and offer

for sale of the SOCKET DocK outlet extension charging devices in the United States, have
infringed the Segnit patent in violation of 35 U.S.C. 271 and 289.
13.

Defendants' infringement has been deliberate and willful, with full knowledge of

the Segnit patent and in wrongful disregard of plaintiffs' rights thereunder.

14.

Upon information and belief, defendants' infringement is ongoing and will

continue unless enjoined by this Court.

15.

Plaintiffs have been and will continue to be irreparably harmed by defendants'

infringing acts, which cannot be remedied by monetary damages alone.

Claim II
False Designation of Origin
16.

This is a claim for trade dress infringement, unfair competition and false

designation of origin in violation of section 43(a) the Lanham Act, 15 U.S.C. 1125(a).
17.

Plaintiffs repeat and reallege the allegations made in paragraphs 1 through 15 of

this Complaint as though fully set out here.

18.

The thingCHARGER design constitutes a distinctive, minimalist trade dress

comprised of the following decorative, non-functional design features:

a.

a rectangular frontal shape approximating the size and shape of a

standard electrical wall outlet that, when viewed from the front, renders it nearly unnoticeable
when plugged into a wall outlet;
b.

a slim profile creating a silhouette that aesthetically minimizes its visual

impact from all angles;

c.

minimal variation in direction and angle of its straight contour lines

resulting in a smooth and uncomplicated silhouette;

d.

a narrow, elongated slot at the top for insertion of, or having inserted

therein with tip exposed, a vertically oriented ovoid cylindrical charging adaptor;
e.

two electrical sockets vertically oriented on the front, and

f.

a series of vertically oriented rectangular slots on the rear, each slot

being integral with a curved indentation.

The thingCHARGER is depicted in the images annexed as Exhibit D to this Complaint.
19.

The unique and pleasingly distinctive design of the thingCHARGER has been

promoted by plaintiff Thingcharger since long prior to the acts of defendants complained of
herein. The advertising and promotion of the thingCHARGER has consistently featured that
design throughout the United States, during which time the design has become identified
among consumers and in the trade with the exclusive source of the thingCHARGER and a symbol
of valuable good will inuring exclusively to the benefit of Thing charger and P3.
20.

In the course of a little over a year, Thingcharger has raised funds of over

$700,000.00 in the promotion of thingCHARGER outlet extensions since their introduction in

September 2013. During this time, and long prior to defendants' acts alleged herein, the
thingcHARGER design had come to be relied upon in the trade and among consumers as
identifying the original outlet extension charging devices exclusively available from
Thingcharger and distinguishing them from the goods of others as a trademark that represents
and symbolizes a valuable business and good will belonging exclusively to Thingcharger.
21.

Defendants are aware and, since long prior to the acts complained of herein,

have been aware of the thingcHARGER trade dress design and the valuable good will
represented and symbolized thereby.
22.

Notwithstanding defendants' awareness and, indeed, because of their

awareness, defendants embarked upon a deliberate and willful scheme to cause confusion

among consumers and the trade by adopting and using a confusingly similar imitation of the
widely recognized thingCHARGER trade dress design as the product designation in connection
with defendants' sale of their Socket Dock chargers, thereby falsely suggesting that their
products are manufactured or sponsored by the exclusive source of the thingCHARGER for the
purpose of unfairly competing with plaintiffs.
23.

Defendants' advertising and sale of the SocKET DocK in direct competition with

plaintiffs' thingCHARGER constitutes false designation of origin and/or false or misleading

description or misrepresentation of fact, which is likely to cause confusion, to cause mistake or
to deceive the relevant public as to the source, origin, sponsorship, quality and/or approval of
defendants' goods in violation of section 43(a) of the Lanham Act, 15 U.S.C. 1125(a).
24.

Defendants' aforesaid acts of unfair competition and false designation of origin

have caused and will continue to cause great and irreparable injury to plaintiffs for which
plaintiffs no adequate remedy at law. Unless such acts are restrained and enjoined by this
Court, they will continue to cause plaintiffs great harm and irreparable injury.

Claim Ill:
Unfair Competition
25.

This is a claim for unfair competition under New York common law.

26.

Plaintiffs repeat and reallege the allegations of paragraphs 1 through 24 above

as though fully set out here.

27.

Defendants were aware of plaintiffs' thingCHARGER and its distinctive design

when they embarked upon their willful and deliberate scheme to cause confusion, mistake and
to deceive in directly competing with plaintiffs in the marketing and sale of wall outlet extension
chargers, willfully, in bad faith and without authorization, and have misappropriated plaintiffs'
good will for their own benefit, with full knowledge of and in intentional disregard of plaintiffs'
rights.

28.

Defendants, in furtherance of their unlawful scheme to defraud the trade and the

public and to unfairly compete with plaintiffs, to pass-off their goods as those of plaintiffs and to
wilfully deceive consumers, including plaintiffs' customers, through their misrepresentations and
other acts complained of herein, intentionally caused confusion and misunderstandings among
wholesalers, importers, mail order merchandisers, plaintiffs' customers and the public that
defendants' SOCKET DocK is a genuine product of or sponsored by plaintiffs.
29.

Defendants' unauthorized misappropriation of the design and trade dress of

plaintiffs' thingCHARGER and other aforesaid acts constitute copying, infringement and
misappropriation of plaintiffs' rights and unfair competition under common law.
30.

Defendants' aforesaid acts of unfair competition have caused and will continue to

cause great and irreparable injury to plaintiffs, for which plaintiffs have no adequate remedy at
law. Unless such acts are restrained and enjoined by this Court, they will continue to cause
plaintiffs great harm and irreparable injury.

Claim IV:
Deceptive Trade Practices
31 .

This is a claim for deceptive trade practices in violation of laws of the State of

New York, N.Y.GEN.Bus.LAw 349.

32.

Plaintiffs repeat and reallege the allegations of paragraphs 1 through 30 above

as though fully set out here.

33.

Defendants' aforesaid acts constitute deceptive trade practices within the State

of New York and this judicial district in violation of section 349 of the General Business Law of
the State of New York, N.Y.GEN.BUS.LAW 349.
34.

Defendants' deceptive acts have caused and will continue to cause great harm

and irreparable injury to plaintiffs, for which plaintiffs have no adequate remedy at law and,
unless such acts are restrained and enjoined by this Court, will continue to cause plaintiffs to
suffer great harm and irreparable injury.

ClaimV:
False and Misleading Advertising
35.

This is a claim for false and misleading advertising in violation of

N.Y.GEN.BUS.LAW 350.
36.

Plaintiffs repeat and reallege the allegations of paragraphs 1 through 34 above

as though fully set out here.

37.

Defendants' aforesaid acts constitute false and misleading advertising within the

State of New York and this judicial district in violation of section 350 of the General Business
Law of the State of New York, N.Y.GEN.BUS.LAW 350.
38.

Defendants' false and deceptive advertising has caused and will continue to

cause great harm and irreparable injury to plaintiffs, for which plaintiffs have no adequate
remedy at law and, unless such acts are restrained and enjoined by this Court, will continue to
cause plaintiffs to suffer great harm and irreparable injury.

Claim VI:
Unjust Enrichment
39.

This is a claim for unjust enrichment under New York common law.

40.

Plaintiffs repeat and reallege the allegations of paragraphs 1 through 38 above

as though fully set forth here.

41.

Defendants benefitted financially and gained an unfair market advantage by their

aforesaid wrongful acts of unfair competition and are therefore liable to plaintiffs in the amount
and value of the benefits by which it was unjustly enriched.

WHEREFORE, plaintiffs pray that this Court enter judgment:

A.

preliminarily and permanently enjoining defendants, their officers, directors,

agents, employees, affiliates, and all those acting in concert or privity with any of them, from
infringing the Segnit patent;

B.

awarding plaintiffs damages sufficient to compensate them for defendants'

patent infringement, in no event less than the greater of a reasonable royalty for or the total
profit from defendants' infringing sales, with interest and costs;
C.

awarding plaintiffs three times the amount of damages assessed, together with

their attorneys' fees in prosecuting this action, pursuant to 35 U.S. C. 284 and 285;
D.

preliminarily and permanently enjoining defendants, their officers, directors,

agents, employees, affiliates, and all those acting in concert or privity with any of them, from
advertising, promoting, importing, manufacturing, distributing, offering to sell and/or selling the
SOCKET DocK or any product applying a colorable imitation of the design claimed and depicted
in the Segnit patent;
E.

awarding plaintiffs damages sufficient to compensate them for defendants' unfair

competition, false designations of origin, false and misleading descriptions, misrepresentations

of fact, deceptive trade practices, false and misleading advertising, and the confusion and harm
resulting therefrom;
F.

preliminarily and permanently enjoining defendants, their officers, directors,

agents, employees, affiliates, and all those acting in concert or privity with any of them, from
advertising, promoting, importing, manufacturing, distributing, offering to sell and/or selling the
SOCKET DocK or any product the design of which is a copy or colorable imitation of the
thingCHARGER trade dress or the SOCKET DocK or incorporating any design that is likely to
cause confusion with the thingcHARGER as to source or as to sponsorship by either plaintiff;

G.

awarding plaintiffs the value of the benefits by which defendants were unjustly

enriched; and

H.

awarding plaintiffs such other and further relief as this Court deems just and

proper.

THINGCHARGER, INC. and

P31NTERNATIONAL CORP.

New York, New York

January 30, 2015

By~V----James A. Power Jr
Marguerite Del Valle
POWER DEL VALLE LLP
233 West 72nd Street
New York, New York 10023
212-877-0100
jp@powerdel. com

10

111111

c12)

USOOD700892S

United States Design Patent

(10)

Segnit

(45)

(54) AUXILIARY PORT AND OUTLET EXTENDER

(71)

Applicant: Seymour Segnlt, Cornwall on Hudson,

NY (US)

(72)

Inventor:

Seymour Segnit, Cornwall on Hudson,

NY (US)

(**)

Term:

14 Years

(21)

Appl. No.: 29/457,017

(22)
(51)
(52)

Jun. 6, 2013
Filed:
LOC (10) CI. ................................................ 13-03
U.S. CI.

(58)

1111111111111111111111111111111111111111111111111111111111111

USPC ......................................... ..... ........ 013/137.2

Field of Classification Search
USPC .......... D13/152, 164, 184, 137.1, 139.1, 153,
D131137.2, 133, 137.4, 139.7, 130, 128,
D13/132, 138.2, 139.3, 139.4, 139.8, 139.6,
DB/123, 160, 107, 137.3, 138.1, 139.2,
Dl31139.5, 162, 178, 199; 361/683, 118,
3611119; !)9/416, 423; 52/ 173.1 , 656.2;
248/231.91
See application file for complete search history.

(56)

References Cited
U.S. PATENT DOCUMENTS
5,539,821 A
0469,402 S

7/1996 Blonder
1/2003 Bukiri ....

.. ....... Dl3/ l37.1

(Continued)
OTHER PUBLICATIONS
http://www.ebay.com/itm!RCA-WP2UWR-Wall-Plate-Outlet-with2-USB-White-Chargin ... *

(Continued)

Primary Examiner - Robert M Spear

Assistant Examiner- Rhea Shields
(74) Attorney, Agent, or Firm - Andrew F. Young, Esq.;
Lackenbach Siegel, LLP
(57)
CLAIM
I claim the ornamental design for an auxiliary port and outlet
extender, as shown and described.

Patent No.:
Date of Patent:

US D700,892 S

** Mar. 11, 2014

DESCRIPTION
FIG. 1 is a top perspective view of an auxiliary port and outlet
extender, showing a first embodiment of my new design;
FIG. 2 is a bottom perspective view of FIG. 1;
FIG. 3 is a front elevational view of FIG. 1;
FIG. 4 is a rear elevational view of FIG. 1;
FIG. 5 is a left-side elevational view of FIG. I , the right-side
elevationa! view being a mirror image thereof;
FIG. 6 is a top plan view of FIG. 1;
FIG. 7 is a bottom plan view of FIG. 1;
FIG. 8 is a top perspective view of a second embodiment
thereof;
FIG. 9 is a bottom perspective view of FIG. 8;
FIG. 10 is a front elevational view of FIG. 8;
FIG. 11 is a rear elevational view of FIG. 8;
FIG. 12 is a left-side elevational view ofFIG. 8 , the right-side
elevational view being a mirror image thereof;
FIG. 13 is a top plan view of FIG. 8;
FIG. 14 is a bottom plan view of FIG. 8 ;
FIG. 15 is a top perspective view of a third embodiment
thereof;
FIG. 16 is a bottom perspective view of FIG. 15;
FIG. 17 is a front elevational view ofFIG. 15;
FIG. 18 is a rear elevational view of FIG. IS;
FIG. 19 is a left-side elevational view of FIG. 15, the rightside elevational view being a mirror image thereof;
FIG. 20 is a top plan view of FIG. 15;
FIG. 21 is a bottom plan view of FIG. 15;
FIG. 22 is a top perspective view of a fourth embodiment
thereof;
FIG. 23 is a bottom perspective view of FIG. 22;
FIG. 24 is a front elevational view of FIG. 22;
FIG. 25 is a rear elevational view of FIG. 22;
FIG. 26 is a left-side elevational view of FIG. 22, the rightside elevational view being a mirror image thereof;
FIG. 27 is a top plan view of FIG. 22; and,
FIG. 28 is a bottom plan view of FlU. 22.
The broken lines showing a wall, a portable electronic device,
a top port adapter, power plugs, power sockets and outlet
borders in the figures depict environmental matter and form
no part of the claimed design.
1 Claim, 12 Drawing Sheets

US D700,892 S
Page2
(56)

References Cited
U.S. PATENT DOCUMENTS
6,864,798 82
3/2005 Janik
0523,397 s + 6/2006 Maglionico et al.
0545,273 s * 6/2007 Lee et a!. .. ...... .
0547,272 s * 7/2007 Ng ................... .
0549,171 s
8/2007 Sbordon
0556,682 s
12/2007 Ahlgren
0595,229 s .. 6/2009 LaGrotta ...................
7,756,268 82
7/2010 Hazani

013/137.2
013/139.3
0\3/137.2

0627,729 s
11/20 lO
5/2011
0638,792 s
0653,614 s
2/2012
D653,615 s
2/2012
7/2012
D664,091 s
0665,354 s .. 8/2012
2004/0218411 A1
11/2004

Smith
Lu
Au
Au
Pliner
Chen ct al.
Luu

013/138.1

OTHER PUBLICATIONS
http:/Ieshop .mac sales. com/shop/Apple/iPod_Accessories. *

013/137.2

* cited by examiner

U.S. Patent

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JS 44C/SDNY
REV. 4/2014

CIVILCOVERSHt 5

C'V

o~QJs
a~i!'?r

The JS-44 c1v11 cover sheet and the mformallon conta1ned herein neither replace nor supplement the filing
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 use of the Clerk of Court for the purpose of
initiating the civil docket sheet.

DEFENDANTS
VIATEK CONSUMER PRODUCTS GROUP, INC.,
VIATEK INTERNATIONAL, LLC, and
FOSHAN UM ELECTRONICS CO., LTO

PLAINTIFFS
THINGCHARGER. INC. and P3 INTERNATIONAL CORP.

ATTORNEYS (IF KNOWN)

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER
James A. Power Jr
Power Del Valle LLP
233 W 72nd St, New York, NY 10023
212,877-0100
CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE)
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

Design patent infringement 35 USC 271, 289; False designation or origin, 15 USC 1125(a)
Has this action. case, or proceeding, or one essentially the same been previously filed in SONY at any time? NillesiJJudge Previously Assigned
If yes, was this case Vol. D

lnvol. D

Dismissed. NoD Yes D

Is THIS AN INTERNATIONAL ARBITRATION CASE7

No

Yes

If yes, give date _ _ _ _ _ _ _ _ _ _ & Case No. - - - - - - - - -

NATURE OF SUIT

(PLACE AN {x} IN ONE BOX ONLY)

ACTIONS UNDER STATIJTES

TORTS

CONTRACT

PERSONAL INJURY

I
I
I
I

[ 1310 AIRPLANE
[ I 315 AIRPLANE PRODUCT
LIABILITY
[ 1320 ASSAULT, LIBEL &
SLANDER
[ I 330 FEDERAL
EMPLOYERS'
LIABILITY
[ ] 340 MARINE
[ ] 345 MARINE PRODUCT
LIABILITY
[ ] 350 MOTOR VEHICLE
[ ] 355 MOTOR VEHICLE
PRODUCT LIABILITY
[ ] 360 OTHER PERSONAL
INJURY
[ 1362 PERSONAL INJURY MED MALPRACTICE

1110
1120
1130
1140

[ 1150

[ 1151
[ 1152

1153

[ 1160
[ 1190
[ 1195

11 96

INSURANCE
MARINE
MILLER ACT
NEGOTIABLE
INSTRUMENT
RECOVERY OF
OVERPAYMENT &
ENFORCEMENT
OF JUDGMENT
MEDICARE ACT
RECOVERY OF
DEFAULTED
STUDENT LOANS
(EXCL VETERANS)
RECOVERY OF
OVERPAYMENT
OF VETERAN'S
BENEFITS
STOCKHOLDERS
SUITS
OTHER
CONTRACT
CONTRACT
PRODUCT
LIABILITY
FRANCHISE

1210

[ 1220
[ 1230

1240
[ 1245

1290

CIVIL RIGHTS
[ ] 440 OTHER CNIL RIGHTS
(Non-Prisoner)

REAL PROPERTY

ACTIONS UNDER STATIJTES

LAND
CONDEMNATION
FORECLOSURE
RENT LEASE &
EJECTMENT
TORTS TO LAND
TORT PRODUCT
LIABILITY
ALL OTHER
REAL PROPERTY

[ 1441 VOTING
[ ] 442 EMPLOYMENT
[ ] 443 HOUSING/
ACCOMMODATIONS
[ ] 445 AMERI CANS WITH
DISABILITIES EMPLOYMENT
[ 1446 AMERICANS WITH
DISABILITIES -OTHER
[ ] 448 EDUCATION

PERSONAL INJURY

I ] 367 HEALTHCAREI

FORFEITURE/PENALTY

PHARMACEUTICAL PERSONAL [ 1625 DRUG RELATED

INJURY/PRODUCT LIABILITY
SEIZURE OF PROPERTY
21 USC 881
[ 1365 PERSONAL INJURY
PRODUCT LIABILITY
[ ] 368 ASBESTOS PERSONAL [ ] 690 OTHER
INJURY PRODUCT
LIABILITY

PERSONAL PROPERTY

BANKRUPTCY
[ 1422 APPEAL
28 usc 158
[ ] 423 WITHDRAWAL
28 usc 157

PROPERTY RIGHTS
[ ] 820 COPYRIGHTS
[)(l830 PATENT
[ ] 840 TRADEMARK

I ] 370 OTHER FRAUD

I ] 371 TRUTH IN LENDING

SOCIAL SECURITY
[ ] 380 OTHER PERSONAL
PROPERTY DAMAGE
I ] 385 PROPERTY DAMAGE
PRODUCT LIABILITY

PRISONER PETITIONS
[ ] 463 ALIEN DETAINEE
[ ] 510 MOTIONS TO
VACATE SENTENCE
28 usc 2255
[ I 530 HABEAS CORPUS
[ 1535 DEATH PENALTY
[ 1540 MANDAMUS & OTHER

LABOR
[ 1710 FAIR LABOR
STANDARDS ACT
[ ] 720 LABORIMGMT
RELATIONS
[ 1740 RAILWAY LABOR ACT
[ I 751 FAMILY MEDICAL
LEAVE ACT (FMLA)
[ ] 790 OTHER LABOR
LITIGATION
[ ] 791 EMPL RET INC
SECURITY ACT

IMMIGRATION
PRISONER CIVIL RIGHTS
[ 1462 NATURALIZATION
[ I 550 CIVIL RIGHTS
APPLICATION
[ ] 555 PRISON CONDITION
I 1465 OTHER IMMIGRATION
[ 1560 CIVIL DETAINEE
ACTIONS
CONDITIONS OF CONFINEMENT

[
[
[
[
[

1861 HIA (1395ff)

] 862 BLACK LUNG (923)
] 863 DIWC/DIWW (405(g))
] 884 SSID TITLE XVI
] 865 RSI (405(g))

OTHER STATUTES
375 FALSE CLAIMS
400 STATE
REAPPORTIONMENT
[ 1410 ANTITRUST
[ 1430 BANKS & BANKING
[ 1450 COMMERCE
[ 1460 DEPORTATION
[ I 470 RACKETEER INFLUENCED & CORRUPT
ORGANIZATION ACT
(RICO)
[ 1480 CONSUMER CREDIT
I 1490 CABLE/SATELLITE TV

11

[ 1850 SECURITIES/
COMMODITIES/
EXCHANGE

[ 1890 OTHER STATUTORY

ACTIONS
[ 1891 AGRICULTURAL ACTS

FEDERAL TAX SUITS

[ 1870 TAXES (U.S. Plaintiff or
Defendant)
[ ] 871 IRS-THIRD PARTY
26 usc 7609

[ 1893 ENVIRONMENTAL
MATTERS
[ 1895 FREEDOM OF
INFORMATION ACT
[ I 896 ARBITRATION

[I

899 ADMINISTRATIVE
PROCEDURE ACT/REVIEW OR
APPEAL OF AGENCY DECISION

I 950 CONSTITUTIONALITY OF
STATE STATUTES

Check if demanded in complaint:

CHECK IF THIS IS A CLASS ACTION

UNDER F.R.C .P. 23

~Osb?~T)_~M THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D. N.Y.?

DEMAND$.______ 0THER ______ JUDGE _____________________ DOCKETNUMBER_ _ _ _ __

Check YES only if demanded in CO;!!.flaint

JURY DEMAND:

D YES

LNO

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

(PLACE AN

[R] 1

x IN ONE BOX ONLY)

Original
Proceeding

D2

D
0
(PLACE AN

ORIGIN
Removed from
State Court

a.

au parties represented

Remanded
from
Appellate
Court

Reinstated or
Reopened

Transferred from
(Specify District)

D6

Multidistrict
Litigation

D 7 Appeal to District
Judge from
Magistrate Judge
Judgment

b.

At least one
party is pro se.

BASIS OF JURISDICTION

x IN ONE BOX ONLY)

1 U.S. PLAINTIFF

2 U.S. DEFENDANT

[R) 3

04

FEDERAL QUESTION
(U.S. NOT A PARTY)

DIVERSITY

IF DIVERSITY, INDICATE
CITIZENSHIP BELOW.

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)

(Place an [X] in one box for Plaintiff and one box for Defendant)
PTF DEF

PTF

DEF

CITIZEN OF THIS STATE

[ ]1

[ ]1

CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY

[ ]3 [ ]3

INCORPORATED and PRINCIPAL PLACE

OF BUSINESS IN ANOTHER STATE

CITIZEN OF ANOTHER STATE

[ ]2

[ ]2

INCORPORATED or PRINCIPAL PLACE

OF BUSINESS IN THIS STATE

[ ]4 [ ]4

FOREIGN NATION

PTF
[ ]5

DEF
[ ]5

[ ]6

[ ]6

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

P3 International Corp., 132 Nassau St, New York (New York Co), New York 10038
ThingCHARGER, Inc., 1 Grandview Avenue, Cornwall-on-Hudson (Orange Co), New York, NY

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

Viatek Consumer Products Group, Inc., 6011 Century Oaks Drive, Chattanooga, Tennessee
Viatek International LLC, 6011 Century Oaks Drive, Chattanooga, Tennessee
Fashan UM Electronics Co., Ltd., Rm 228, Daxan Business Plaza, Luopo St, Panyu, Guanzhou, China

DEFENDANT(S) ADDRESS UNKNOWN

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

THIS ACTION SHOULD BE ASSIGNED TO:

WHITE PLAINS
~MANHATTAN
(DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS
COMPLAINT.)
ADMITIED TO PRACTICE IN THIS DISTRICT
DATEJan28~UR~8FATT~YOFRECORD
[]NO
-l~~ L _ _
[X] YES (DATE ADMITTED Mo.O_c_t_ _ Yr. 1984
RECEIPT#
Attorney Bar Code # JP8491

Check one:

Magistrate Judge is to be designated by the Clerk of the Col{1 ~ ,

... ~

: ; ~-~::; , 'i,C~

~ ~ ~ ,.~; ~_j

'._., : .

Magistrate Judge~-----------------------~ is so Designated.

Ruby J. Krajick, Clerk of Court by _ _ _ _ _ _ Deputy Clerk, D A T E D - - - - - - - - -

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)