Beruflich Dokumente
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Plaintiff
v.
ARGENTO SC BY SICURA INC.
1407 Broadway
Ste 2201
New York, New York, 10018,
Defendant.
existing under the laws of the Delaware, with its principal place of business at 675 Mondial Parkway,
Streetsboro, OH 44241.
2.
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
This Court has original and exclusive jurisdiction over the subject matter of this action
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 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
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
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.
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
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
Argento has been and still is directly infringing the 877 Patent under 35 U.S.C. 271(a)
A comparison of the ornamental design of the 877 Patent to the infringing ST0068-
ST0068-SFA
23.
24.
Argentos infringement of the 877 Patent has caused, and continues to cause,
Spectrum and will continue to cause irreparable harm to Spectrum unless Argentos infringing
activities are enjoined by this Court.
COUNT II
INFRINGEMENT OF THE 453 PATENT
26.
Spectrum incorporates the allegations set forth in Paragraphs 1-25 above as if each
Argento has been and still is directly infringing the 453 Patent under 35 U.S.C. 271(a)
A comparison of the ornamental design of the 453 Patent to the infringing ST0065-
ST0065-SIA
29.
30.
Argentos infringement of the 453 Patent has caused, and continues to cause,
31.
Spectrum and will continue to cause irreparable harm to Spectrum unless Argentos infringing
activities are enjoined by this Court.
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.
the 877 Patent and the 453 Patent pursuant to 35 U.S.C. 284 and/or 35 U.S.C. 289;
D.
Spectrum;
E.
Order an accounting for any infringing sales not presented at trial and award additional
Grant such other and further relief as the Court deems just and equitable.
(54)
(56)
(Us)
Streetsboro, OH (U S)
06-04
D6/566;D6/513
USPC
.... D6/566
1/2011 Yelencich
D6/552
* cited by examiner
(58)
Sklar, LLP
14 Years
D631,274 S
D6/566
D6/5 66
10/2004 Klein
10/2005
Issa et al.
(22) Filed:
Mar. 4, 2014
Streetsboro, OH (US)
Term:
*1
References Cited
(**)
US D700,453 S
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,
rack-
US. Patent
Mar. 4, 2014
Sheet 1 of3
FIG 1
US D700,453 S
US. Patent
Mar. 4, 2014
Sheet 2 of3
US D700,453 S
1lvI
FIG 2
FIG 3
FIG 4
US. Patent
Mar. 4, 2014
Sheet 3 of3
FIG 6
US D700,453 S
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
Mark C. Johnson
Renner Otto
1621 Euclid Ave, Floor 19, Cleveland, Ohio 44115; p: 216.621.1113
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
DEF
u 1
u 2
u 5
u 5
Citizen or Subject of a
Foreign Country
u 3
Foreign Nation
u 6
u 6
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
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))
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
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
DEMAND $
DOCKET NUMBER
07/22/2016
FOR OFFICE USE ONLY
RECEIPT #
AMOUNT
APPLYING IFP
JUDGE
MAG. JUDGE
1.
2.
3.
General Civil
Administrative Review/Social Security
Habeas Corpus Death Penalty
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
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Date and Attorney Signature. Date and sign the civil cover sheet.
Northern
District
Ohio
__________
District
ofof
__________
SPECTRUM DIVERSIFIED DESIGNS, LLC
Plaintiff
v.
ARGENTO SC BY SICURA INC.
Defendant
)
)
)
)
)
)
)
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
; 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)
; or
; or
u Other (specify):
.
My fees are $
Date:
Servers signature
Servers address
0.00