Juka Innovations v. Jobar - Complaint

Case 2:17-cv-06134 Document 1 Filed 10/20/17 Page 1 of 24 PageID #: 1
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK
--------------------------------------------------------------X
:
JUKA INNOVATIONS CORPORATION, : Civil Action No.: 2:17-cv-06134
:
Plaintiff, :
: COMPLAINT
v. :
:
JOBAR INTERNATIONAL, INC.; :
DREAM PRODUCTS INC.; SUPPORT PLUS : October 20, 2017
HOLDINGS, INC.; NEXTERA MEDIA LLC :
(aka PENN LLC); and PULSE DIRECT, INC. :
: Jury Trial Demanded
:
Defendants. :
:
--------------------------------------------------------------X
COMPLAINT FOR PATENT INFRINGEMENT, COPYRIGHT INFRINGEMENT,

TRADEMARK INFRINGEMENT & UNFAIR COMPETITION
Plaintiff Juka Innovations Corporation (hereinafter JUKA), for its Complaint against: (i)
Defendant Jobar International, Inc. (JOBAR); and (ii) Defendants Dream Products Inc., Support
Plus Holdings, Inc., Nextera Media LLC (aka Penn LLC) DBA PulseTV, and Pulse Direct, Inc.
(on information and belief acting as the manager of Nextera Media LLC (aka Penn LLC) DBA
PulseTV) (collectively, RETAILERS); alleges as follows:
INTRODUCTION
1. This is an action for:
(i) patent infringement arising under the Patent Laws of the United States, 35
U.S.C. 101 et seq.;
(ii) copyright infringement arising under the Copyright Laws of the United States,
17 U.S.C. 101 et seq.;
(iii) trademark infringement arising under the Trademark Laws of the United States,
Page 1 of 24
15 U.S.C. 1051 et seq.;
(iv) unfair competition arising under the Trademark Laws of the United States, 15
U.S.C. 1125(a);
(v) common law trademark infringement under the laws of the State of New York
including, inter alia, N.Y. Gen. Bus. Law 360 et seq.; and
(vi) common law unfair competition under the laws of the State of New York
including, inter alia, N.Y. Gen. Bus. Law 349 and 360-l.
2. JUKA owns exclusive rights in the ornamental design (the Design) claimed in
United States Design Patent No. D785,767 entitled Tub Drain Hair Collector (hereinafter the
JUKA Patent). A copy of U.S. Pat. No. D785,767 is attached hereto as Exhibit A.
3. JUKA owns exclusive rights in the visual material (collectively the Visual
Material) claimed in the following United States Copyright Registrations: Reg. No.
VAu001283876 entitled TubShroom Collateral 2016; Reg. No. VAu001263568 entitled
TubShroom; and Reg. No. VAu001283873 entitled SinkShroom Collateral 2016 (collectively,
the JUKA Copyrights). Copies of these three (3) U.S. Copyright Registrations are attached
hereto as Exhibit B.
4. JUKA owns the exclusive rights embodied in the following United States
Trademark Registrations: Reg. No. 4972762 for TUBSHROOM in Class 11 covering Strainers
for plumbing drains; Reg. No. 5179859 for SINKSHROOM in Class 11 covering Strainers
for plumbing drains; Plumbing fittings, namely, sink strainers; Plumbing supplies, namely, sink
strainers; and Reg. No. 5179860 for SHOWERSHROOM in Class 11 covering Strainers for
plumbing drains; Plumbing fittings, namely, sink strainers; Plumbing supplies, namely, sink
Page 2 of 24
strainers1 (collectively, the Federal Trademarks). Copies of these (3) U.S. Trademark
Registrations are attached hereto as Exhibit C.
5. JUKA has also developed extensive common law trademark rights in the distinctive
MUSHROOM shape and branding of its products through, inter alia, the use of the following
logos:
(collectively, the Common Law Trademarks) (collectively, JUKAs Federal Trademarks and
Common Law Trademarks are referred to herein as the JUKA Trademarks.)
6. JOBAR has used and continues to use the Design without JUKAs permission, in
violation of 35 U.S.C. 101 et seq., on sink and tub strainers that JOBAR makes, uses, offers for
sale, sells, and/or imports into the United States.
7. JOBAR has used and continues to use the Visual Material without JUKAs
permission, in violation of 17 U.S.C. 101 et seq., on sink and tub strainers that JOBAR makes,
uses, offers for sale, sells, and/or imports into the United States.
8. JOBAR has used and continues to use the JUKA Trademarks without JUKAs
permission, in violation of 15 U.S.C. 1051 et seq., on sink and tub strainers that JOBAR makes,
uses, offers for sale, sells, and/or imports into the United States.
9. JOBAR has engaged in and continues to engage in unfair competition in violation
of 15 U.S.C. 1125(a) with respect to sink and tub strainers that JOBAR makes, uses, offers for
sale, sells, and/or imports into the United States.
1
Juka also owns, inter alia, a pending U.S. Trademark application for STOPSHROOM in Class 21 covering Drain
plugs for plumbing drains; water stoppers for plumbing drains.
Page 3 of 24
10. JOBAR has used and continues to use the JUKA Trademarks without JUKAs
permission, in violation of the laws of the State of New York including, inter alia, N.Y. Gen. Bus.
Law 360 et seq., on sink and tub strainers that JOBAR makes, uses, offers for sale, sells, and/or
transports in commerce in the State of New York.
11. JOBAR has engaged in and continues to engage in unfair competition in violation
of N.Y. Gen. Bus. Law 349 and 360-l with respect to sink and tub strainers that JOBAR makes,
uses, offers for sale, sells, and/or transports in commerce in the State of New York.
12. RETAILERS have sold and continue to sell sink and tub strainers in the United
States, without JUKAs permission, which infringe the JUKA Patent.
States, without JUKAs permission, which infringe the JUKA Copyrights.
States, without JUKAs permission, which infringe the JUKA Trademarks.
15. JUKA seeks, among other relief, an injunction preventing JOBAR and
RETAILERS from further infringing the JUKA Patent, JUKA Copyrights and JUKA Trademarks,
and for recovery of its damages and/or a disgorgement of JOBARs and RETAILERS profits
from their infringement. JUKA further seeks, among other relief, an injunction preventing JOBAR
from further unfairly competing against JUKA, and for recovery of its damages and/or a
disgorgement of JOBARs profits from its unfair competition.
THE PARTIES
16. Plaintiff JUKA is a corporation organized and existing under the laws of the State
of New York with a principal place of business at 707 Broadhollow Rd., Ste 22, Farmingdale, NY
11735.
Page 4 of 24
17. On information and belief, Defendant JOBAR is a corporation organized and
existing under the laws of the State of California with a principal place of business at 21022
Figueroa St., Carson, CA 90745.
18. On information and belief, Defendant Dream Products Inc., is a California
corporation having a principal place of business at 412 Dream Lane, Van Nuys, CA 91496.
19. On information and belief, Defendant Support Plus Holdings, Inc., is an Ohio
Corporation having a principal place of business at 5581 Hudson Industrial Pkwy, PO Box 2599,
Hudson OH, 44236.
20. On information and belief, Defendant Nextera Media LLC (AKA Penn LLC) DBA
PulseTV is a Delaware Corporation having a principal place of business at 7851 185TH ST,
#106, Tinley Park, IL 60477 and is managed by Defendant Pulse Direct, Inc., an Illinois
Corporation having a principal place of business at 7851 185th St., #106, Tinley Park, IL 60477.
JURISDICTION AND VENUE
21. This is a civil action for Federal patent infringement (35 U.S.C. 101 et seq.),
copyright infringement (17 U.S.C. 101); trademark infringement (15 U.S.C. 1051), and unfair
competition (15 U.S.C. 1125(a)) and New York State common law trademark infringement
(N.Y. Gen. Bus. Law 360 et seq.) and common law unfair competition (N.Y. Gen. Bus. Law
349 and 360-l).
22. This Court has subject matter jurisdiction over this action pursuant to 15 U.S.C.
1121 and 28 U.S.C. 1331, 1338 and 1367.
23. This Court has personal jurisdiction over JOBAR at least because JOBAR transacts
and solicits business in the State of New York, including with respect to sink and tub strainers that
infringe the JUKA Patent, JUKA Copyrights and JUKA Trademarks, and because JOBAR is
Page 5 of 24
committing and has committed acts of patent infringement, copyright infringement, trademark
infringement and unfair competition in the State of New York, at least by selling and offering to
sell sink and tub strainers that infringe the JUKA Patent, JUKA Copyrights and JUKA Trademarks
in the State of New York.
24. This Court has personal jurisdiction over Defendant Dream Products Inc., at least
because Defendant Dream Products Inc., transacts and solicits business in the State of New York,
including with respect to sink and tub strainers that infringe the JUKA Patent, the JUKA
Copyrights, and the JUKA Trademarks and because Defendant Dream Products Inc. is committing
and has committed acts of patent infringement, copyright infringement and trademark
infringement in the State of New York, at least by selling and offering to sell sink and tub strainers
that infringe the JUKA Patent, JUKA Copyrights and the JUKA Trademarks.
25. This Court has personal jurisdiction over Defendant Support Plus Holdings, Inc., at
least because Defendant Support Plus Holdings, Inc., transacts and solicits business in the State of
New York, including with respect to sink and tub strainers that infringe the JUKA Patent, the
JUKA Copyrights and the JUKA Trademarks, and because Defendant Support Plus Holdings, Inc.
is committing and has committed acts of patent infringement, copyright infringement and
trademark infringement in the State of New York, at least by selling and offering to sell sink and
tub strainers that infringe the JUKA Patent, the JUKA Copyrights and the JUKA Trademarks.
26. This Court has personal jurisdiction over Defendant Nextera Media LLC (AKA
Penn LLC) DBA PulseTV as well as, on information and belief, Nextera Media LLCs manager,
Pulse Direct, Inc. (collectively PULSETV) at least because Defendants PULSETV transact and
solicit business in the State of New York, including with respect to sink and tub strainers that
infringe the JUKA Patent, the JUKA Copyrights and the JUKA Trademarks, and because
Page 6 of 24
Defendants PULSETV are committing and have committed acts of patent infringement, copyright
infringement and trademark infringement in the State of New York, at least by selling and offering
to sell sink and tub strainers that infringe the JUKA Patent, the JUKA Copyrights and the JUKA
Trademarks.
27. Venue is proper in this judicial district under 28 U.S.C. 1391 and 1400 at least
because: (i) JOBAR and RETAILERS reside in this district by transacting and soliciting business
in this district, including with respect to sink and tub strainers that infringe the JUKA Patent, JUKA
Copyrights and JUKA Trademarks; and (ii) JOBAR and RETAILERS reside in this district by
committing acts of Federal patent infringement, copyright infringement, trademark infringement
and unfair competition and New York State trademark infringement and unfair competition in this
district by selling and offering to sell sink and tub strainers that infringe the JUKA Patent, JUKA
Copyrights, JUKA Trademarks and which otherwise unfairly compete against JUKAs products.
FACTUAL ALLEGATIONS
A. JUKAs Intellectual Property Rights
28. JUKA has designed, developed, made, and sold a variety of sink, tub and shower
strainers.
29. On or about September 28, 2015, JUKAs predecessors-in-interest launched a
KICKSTARTER campaign to market their unique products.
30. Initially seeking only a modest fundraising target of $12,000, this
KICKSTARTER campaign was wildly successful raising $59,267, i.e., nearly five (5) times
the original goal. A printout from the KICKSTARTER website discussing this campaign is
attached hereto as Exhibit D.
31. Through various other crowdfunding platforms, JUKAs predecessors-in-interest
Page 7 of 24
raised a total of over $200,000 in pre-orders. Clearly, the market had spoken, and there was high
demand for JUKAs novel products.
32. JUKAs products have received widespread praise through such media outlets as
Tech Insider, BuzzFeed, Slate, Glamour Magazine, USA Today and many others. Some collected
examples of positive publicity surrounding JUKAs products are attached hereto as Exhibit E.
33. Recognizing the counterfeiting challenges that the little guy often faces after
developing a commercially successful product, JUKA has taken steps to protect its innovative
products. In particular, JUKA owns:
(i) various United States design patents relating to its Design. Relevant to this dispute,
JUKA owns all right, title, and interest in, and has the right to sue and recover for
past, present, and future infringement of, the JUKA Patent identified above from
May 2, 2017 the date such patent duly and legally issued to JUKA;
(ii) various United States copyright registrations relating to the Visual Material.
Relevant to this dispute, JUKA owns all right, title, and interest in, and has the right
to sue and recover for past, present, and future infringement of, the JUKA
Copyrights identified above from at least as early as the date such copyright
registrations duly and legally issued to JUKA, namely:
(a) January 3, 2017 with respect to Copyright Reg. No. VAu001283873;
(b) August 23, 2016 with respect to Copyright Reg. No. VAu001263568; and
(c) January 3, 2017 with respect to Copyright Reg. No. VAu001283876;
and
(iii) various trademark rights relating to JUKAs MUSHROOM Brand including:
(a) the JUKA Federal Trademarks identified above from at least as early as the
Page 8 of 24
date such trademark registrations duly and legally issued to JUKA, namely:
(1) June 7, 2016 with respect to Trademark Reg. No. 4972762 for
TUBSHROOM;
(2) April 11, 2017 with respect to Trademark Reg. No. 5179859 for
SINKSHROOM; and
(3) April 11, 2017 with respect to Trademark Reg. No. 5179860 for
SHOWERSHROOM;
and
(b) The JUKA Common Law Trademarks identified above, namely:
34. The JUKA Patent, JUKA Copyrights and JUKA Federal Trademarks are presumed
to be valid.
35. As JUKA anticipated, third party infringers have, unfortunately, came out of the
proverbial woodwork in an effort to unlawfully knock-off JUKAs innovative products.
36. Incredibly, in the short time since JUKA has been selling its innovative products,
JUKA has successfully pursued over one thousand (1000) takedown notices / cease and desist
letters against numerous third parties (including various Amazon and eBay resellers). Most
notably, JUKA has been successful in stopping third party infringement by Ontel Products
Corporation, Creative Concepts Manufacturing Limited and Groupon, Inc. Example photographs
of various infringing products in connection with which JUKA has successfully enforced its rights
are attached hereto as Exhibit F. In other words, numerous third parties tried to capitalize on
Page 9 of 24
JUKAs unique products, but quickly stopped and recognized JUKAs intellectual property rights
once such third parties were confronted.
B. JOBARs Patent Infringement
37. On information and belief, JOBAR is a large multinational company with offices
in the U.S., Europe and Hong Kong. According to JOBARs website, JOBARs current product
catalog includes over 700 items, with 100 new product additions annually.2
38. Without JUKAs authorization, JOBAR made, used, offered for sale, sold, and/or
imported into the United States sink and tub strainers (hereafter, the Infringing Strainers) that
violate the JUKA Patent. The Infringing Strainers include at least products identified by the model
names Softee Sink Strainers and Softee Tub Strainers as shown below:
39. The overall appearance of the Design of the JUKA products covered by the JUKA
Patent and the corresponding designs of JOBARs Infringing Strainers are substantially the same.
40. An ordinary observer will perceive the overall appearance of the Design covered
2
See: http://www.jobar.com/about-us/. A printout of this webpage is attached hereto as Exhibit G.
Page 10 of 24
by the JUKA Patent and the corresponding designs of JOBARs Infringing Strainers to be
substantially the same.
41. Table 1 below illustrates JOBARs infringement by comparing figures from the
JUKA Patent with exemplary images of both the Softee Sink Strainers and Softee Tub
Strainers.
Table 1 Comparison of the JUKA Patent with the Infringing Strainers

Exemplary Infringing
Exemplary Infringing Products
US D785,767 Patent Figures Products (Softee Sink
(Softee Tub Strainer)
Strainer)
Fig. 1
Fig. 2
Page 11 of 24

Strainer)
Fig. 3
Fig. 4
Page 12 of 24

Strainer)
Fig. 5
Fig. 6
Page 13 of 24

Strainer)
Fig. 7
Fig. 8
42. On information and belief, JOBAR intended to copy the Design covered by the
JUKA Patent.
43. On information and belief, JOBAR sells and offers to sell its Infringing Strainers,
to end-user customers through third-party resellers who distribute Infringing Strainers throughout
the United States, including in New York (as discussed more fully below).
44. On information and belief, JOBAR has infringed and continues to infringe the
Page 14 of 24
JUKA Patent within the meaning of 35 U.S.C. 271 at least by making, using, selling, offering to
sell, and/or importing the Infringing Strainers into the United States without JUKAs authorization.
C. JOBARs Copyright Infringement
45. Without JUKAs authorization, JOBAR made, used, offered for sale, sold, and/or
imported into the United States the Infringing Strainers which violate the JUKA Copyrights.
46. On information and belief, JOBAR copied the Visual Material in creating the
Infringing Strainers.
47. JOBARs Infringing Strainers are substantially similar to the Visual Materials
covered by the JUKA Copyrights.
48. JOBAR has infringed and continues to infringe the JUKA Copyrights within the
meaning of 17 U.S.C. 101 et seq. at least by making, using, selling, offering to sell, and/or
importing the Infringing Strainers into the United States without JUKAs authorization.
D. JOBARs Trademark Infringement
49. JUKA has conscientiously taken steps to develop a MUSHROOM Brand in
connection with its products. JUKA has done this, inter alia, by:
(i) consistently using the word-formative SHROOM in connection with its product
names;
(ii) obtaining Federal Trademark Registrations over relevant goods for the words
TUBSHROOM (Reg. No. 4972762), SINKSHROOM (Reg. No. 5179859) and
SHOWERSHROOM (Reg. No. 5179860);
(iii) filing a Federal Trademark Application over relevant goods for the word
STOPSHROOM (Application Serial No. 87287555);
(iv) registering the www.tubshroom.com, www.sinkshroom.com and
Page 15 of 24
www.showershroom.com domain names; and
(v) using the Common Law Trademarks shown below (which self-evidently include a
stylized Mushroom Cap trademark and separate end emphasize the word
formative SHROOM):
50. JOBARs Infringing Strainers are likely to cause confusion, or to cause mistake or
to deceive with the JUKA Trademarks in violation of 15 U.S.C. 1114 and N.Y. Gen. Bus. Law
360-k.
51. JOBAR has infringed and continues to infringe the JUKA Trademarks: (i) within
the meaning of 15 U.S.C. 1114 at least by making, using, selling, offering to sell, and/or
importing the Infringing Strainers into the United States; and (ii) within the meaning of N.Y. Gen.
Bus. Law 360-k by making, using, selling, offering to sell, and/or transporting in commerce in
the State of New York; without JUKAs authorization.
E. JOBARs Unfair Competition
52. JOBARs conduct is likely to cause confusion, mistake or deception as to: (i) the
affiliation, connection or association of JOBARs Infringing Strainers and JUKA; and (ii) the
origin, sponsorship or approval of JOBAR and the Infringing Strainers by JUKA; in violation of:
(i) Section 43 of the Lanham Act, 15 U.S.C. 1125(a); and
(ii) the laws of the State of New York including, inter alia, N.Y. Gen. Bus. Law 349
and 360-l.
Page 16 of 24
F. Test Buys and Third Party Retailers
53. Through an online search, JUKAs agents discovered that Infringing Strainers were
being offered for sale through the www.dreamproducts.com website operated by Defendant Dream
Products Inc. A printout of the www.dreamproducts.com website showing this offer for sale is
attached hereto as Exhibit H.
54. On August 29, 2017, JUKAs agents conducted test buys of Infringing Strainers
from Defendant Dream Products Inc. A copy of the e-mail receipt confirming such order is
attached hereto as Exhibit I. This test buy order was shipped to JUKAs agents in New York. Upon
receipt, JUKAs agents confirmed that this order contained Infringing Strainers manufactured by
JOBAR.
being offered for sale through the www.supportplus.com website operated by Defendant Support
Plus Holdings, Inc. A printout of the www.supportplus.com website showing this offer for sale is
attached hereto as Exhibit J.
56. On June 12, 2017, JUKAs agents conducted test buys of Infringing Strainers
from Defendant Support Plus Holdings, Inc. A copy of the e-mail receipt confirming such order is
attached hereto as Exhibit K. This test buy order was shipped to JUKAs agents. Upon receipt,
JUKAs agents confirmed that this order contained Infringing Strainers manufactured by JOBAR.
being offered for sale through the www.pulsetv.com website operated by Defendants PULSETV.
A printout of the www.pulsetv.com website showing this offer for sale is attached hereto as Exhibit
L.
58. On August 29, 2017, JUKAs agents conducted test buys of Infringing Strainers
Page 17 of 24
from Defendants PULSETV. A copy of the e-mail receipt confirming such order is attached hereto
as Exhibit M. This test buy order was shipped to JUKAs agents in New York. Upon receipt,
JUKAs agents confirmed that this order contained Infringing Strainers manufactured by JOBAR.
59. On information and belief, RETAILERS have infringed and continue to infringe:
(i) the JUKA Patent within the meaning of 35 U.S.C. 271;
(ii) the JUKA Copyrights within the meaning of 17 U.S.C. 501; and
(iii) the JUKA Trademarks within the meaning of 15 U.S.C. 1114 and N.Y. Gen. Bus.
Law 360-k;
at least by making, using, selling, offering to sell, and/or importing the Infringing Strainers into
the United States without JUKAs authorization.
Count I
(As to All Defendants Infringement Under 35 U.S.C. 271 of the JUKA Patents)
60. JUKA re-alleges and incorporates by reference the allegations set forth in
paragraphs 1 through 59 of this Complaint.
61. JOBAR and RETAILERS, without authorization from JUKA, have made, used,
offered for sale, sold, and/or imported in or into the United States, and continue to make, use, offer
for sale, sell, and/or import in or into the United States, sink and tub strainers that infringe the
JUKA Patent.
62. JUKA has been and will continue to be irreparably harmed by the infringement of
the JUKA Patent by JOBAR and RETAILERS.
Count II
(As to All Defendants Infringement Under 17 U.S.C. 501 of the JUKA Copyrights)
Page 18 of 24
paragraphs 1 through 59 and 61 through 62 of this Complaint.
JUKA Copyrights.
the JUKA Copyrights by JOBAR and RETAILERS.
Count III
(As to All Defendants Infringement Under 15 U.S.C. 1114 of the JUKA Trademarks)
paragraphs 1 through 59, 61 through 62 and 64 through 65 of this Complaint.
JUKA Trademarks.
the JUKA Trademarks by JOBAR and RETAILERS.
Count IV
(As to JOBAR Only Unfair Competition Under 15 U.S.C. 1125(a))
paragraphs 1 through 59, 61 through 62, 64 through 65 and 67 through 68 of this Complaint.
70. JOBAR has deliberately and willfully attempted to trade on JUKAs hard-earned
goodwill in the JUKA Trademarks as well as JUKAs reputation for quality products in order to
Page 19 of 24
confuse consumers as to the origin and sponsorship of the Infringing Strainers and, thus, to pass
off the Infringing Strainers as bona fide JUKA products.
71. The conduct of JOBAR is likely to cause confusion, mistake or deception as to: (i)
the affiliation, connection or association of the Infringing Strainers and JOBAR with JUKA; and
(ii) the origin, sponsorship or approval of JOBAR and the Infringing Strainers by JUKA; in
violation of Section 43 of the Lanham Act, 15 U.S.C. 1125(a).
Count V
(As to All Defendants Infringement Under N.Y. Gen. Bus. Law 360-k of the JUKA
Trademarks)
paragraphs 1 through 59, 61 through 62, 64 through 65, 67 through 68 and 70 through 71 of this
Complaint.
offered for sale, sold, and/or transported in commerce in the State of New York, and continue to
make, use, offer for sale, sell, and/or transports in commerce in the State of New York, sink and
tub strainers that infringe the JUKA Trademarks.
74. JOBAR acted with the intent to cause confusion or mistake or to deceive with
respect to the JUKA Trademarks.
the JUKA Trademarks by JOBAR and RETAILERS.
Count VI
(As to JOBAR Only Unfair Competition Under N.Y. Gen. Bus. Law 349 and 360-l)
Page 20 of 24
paragraphs 1 through 59, 61 through 62, 64 through 65, 67 through 68, 70 through 71 and 73
through 75 of this Complaint.
77. JOBAR has deliberately and willfully attempted to trade on JUKAs hard-earned
goodwill in the JUKA Trademarks as well as JUKAs reputation for quality products in order to
confuse consumers as to the origin and sponsorship of the Infringing Strainers and, thus, to pass
off the Infringing Strainers as bona fide JUKA products.
78. The conduct of JOBAR is likely to cause confusion, mistake or deception as to: (i)
the affiliation, connection or association of the Infringing Strainers and JOBAR with JUKA; and
(ii) the origin, sponsorship or approval of JOBAR and the Infringing Strainers by JUKA; in
violation of the laws of the State of New York including, inter alia, N.Y. Gen. Bus. Law 349
and 360-l.
WHEREFORE, JUKA respectfully requests that the Court grant the following relief:
1. A judgment that JOBAR and RETAILERS infringed the JUKA Patent;
2. A judgment that JOBAR and RETAILERS infringed the JUKA Copyrights;
3. A judgment that JOBAR and RETAILERS infringed the JUKA Trademarks;
4. A judgment that JOBAR engaged in unfair competition;
5. A permanent injunction enjoining JOBAR, RETAILERS and all persons acting in
concert with JOBAR and/or RETAILERS, from infringing the JUKA Patent;
concert with JOBAR and/or RETAILERS, from infringing the JUKA Copyrights;
concert with JOBAR and/or RETAILERS, from infringing the JUKA Trademarks;
8. A permanent injunction enjoining JOBAR and all persons acting in concert with
Page 21 of 24
JOBAR from engaging in unfair competition;
9. A judgment and order requiring JOBAR and RETAILERS to pay JUKA all
damages caused by JOBARs and RETAILERS infringement of the JUKA Patent (but in no event
less than a reasonable royalty) pursuant to 35 U.S.C. 284, or the total profit made by JOBAR
from its infringement of each of the JUKA Patents pursuant to 35 U.S.C. 289;
10. A judgment and order requiring JOBAR and RETAILERS to pay JUKA
supplemental damages or profits for any continuing post-verdict infringement up until entry of the
final judgment, with an accounting, as needed;
11. A judgment and order requiring JOBAR and RETAILERS to pay JUKA increased
patent damages up to three times the amount found or assessed pursuant to 35 U.S.C. 284;
12. A judgment and order requiring JOBAR and RETAILERS to pay JUKA statutory
copyright damages pursuant to 17 U.S.C. 504;
13. A judgment and order requiring JOBAR and RETAILERS to pay JUKA pre-
judgment and post- judgment interest on any damages or profits awarded;
14. A judgment and order requiring JOBAR and RETAILERS to pay JUKA: (i)
JOBARs and RETAILERS profits; (ii) any damages sustained by JUKA; and (iii) the costs of
this action; under 15 U.S.C. 1117;
15. A judgment and order requiring JOBAR and RETAILERS to pay JUKA all profits
derived from the manufacture, use, display or sale of Infringing Strainers in New York and/or all
damages suffered by JUKA by reason of the manufacture, use, display or sale of the Infringing
Strainers in New York under N.Y. Gen. Bus. Law 360-m;
16. A determination that this action is an exceptional case pursuant to 35 U.S.C. 285;
17. A determination that this action is an exceptional case pursuant to 15 U.S.C. 1117;
Page 22 of 24
18. A determination that JOBAR acted with the intent to cause confusion or mistake or
to deceive pursuant to N.Y. Gen. Bus. Law 360-k;
19. A determination that JOBAR and/or RETAILERS infringed the JUKA Trademarks
with knowledge or in bad faith within the meaning of N.Y. Gen. Bus. Law 360-m;
20. An award of JUKAs attorneys fees for bringing and prosecuting this action
pursuant to 35 U.S.C. 285, 17 U.S.C. 505 and 15 U.S.C. 1117;
21. An award of treble profits and damages and/or reasonable attorneys fees to JUKA
from JOBAR and/or RETAILERS pursuant to N.Y. Gen. Bus. Law 360-m;
22. An award of JUKAs costs and expenses incurred in bringing and prosecuting this
action; and
23. Such further and additional relief as this Court deems just and proper.
DEMAND FOR JURY TRIAL
JUKA hereby demands a jury for all issues so triable.
Page 23 of 24
Dated: New York, New York

October 20, 2017
Respectfully submitted,
GRIMES LLC
/s/ Russell D. Dize

Russell D. Dize, Esq. (RD 4000)
200 W. 57th Street, Suite 1403
New York, NY 10019
(914) 698-1305
dize@gandb.com
Charles W. Grimes, Esq.

Luca Hickman, Esq.
3501 Bonita Bay Blvd.
Bonita Springs, FL 34134
(p) (239) 330-9000
(f) (239) 301-2215
Attorneys for Plaintiff

Juka Innovations Corporation
Page 24 of 24
Case 2:17-cv-06134 Document 1-1 Filed 10/20/17 Page 1 of 2 PageID #: 25
10/5/2017 WebVoyage
Case 2:17-cv-06134 Document 1-4 Filed Record View 1 Page 1 of 3 PageID #: 47
10/20/17
Public Catalog
Copyright Catalog (1978 to present)
Search Request: Left Anchored Name = juka innovations
Search Results: Displaying 3 of 3 entries
TubShroom Collateral 2016.
Type of Work: Visual Material

Registration Number / Date: VAu001283876 / 2017-01-03
Application T itle: TubShroom Collateral 2016.
Title: TubShroom Collateral 2016.
Appears in: TubShroom Collateral
Description: electronic file.
Copyright Claimant: Juka Innovations Corporation, Transfer: By written agreement. Address: 707
Broadhollow Rd Ste 22, Farmingdale, NY, 11735.
Date of Cr eation: 2016
Authorship on Application: Solyman Najimi, 1981- ; Citizenship: United States. Authorship: 2-D artwork -
Advertising Illustrations.
Serge Karnegie, 1978- ; Citizenship: United States. Authorship: 2-D artwork -
Rights and Permissions: Juka Innovations Corporation, 707 Broadhollow Rd Ste 22, Farmingdale, NY,
11735, United States
Copyright Note: C.O. correspondence.
Basis for Registration: Unpublished Collection
Names: Najimi, Solyman, 1981-
Serge Karnegie, 1978-
Save, Print and Email ( Help Page )

Select Download Format Full Record Format for Print/Save
Enter your email address: Email
Help Search History Titles Start Over

http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?v1=3&ti=1,3&Search%5FArg=juka%20innovations&Search%5FCode=NALL&CNT=25&PID=5sHog8RE 1/2
10/5/2017 WebVoyage
10/20/17
Public Catalog
[TubShroom]

Application T itle: TubShroom.
Title: [TubShroom]
Description: Electronic file (eService)
Notes: title from application.
Copyright Claimant: Juka Innovations Corporation. Address: 32 Herb Hill Rd, Glen Cove, NY, 11542,
United States.
Authorship on Application: Juka Innovations Corporation, employer for hire; Citizenship: United States.
Authorship: photograph, 2-D artwork, technical drawing.
Basis for Registration: unpublished collection.
Names: Juka Innovations Corporation

Contact Us | Request Copies | Get a Search Estimate | Frequently Asked Questions (FAQs) about Copyright |
Copyright Office Home Page | Library of Congress Home Page
10/5/2017 WebVoyage
10/20/17
Public Catalog
SinkShroom Collateral 2016.

Application T itle: SinkShroom Collateral 2016.
Title: SinkShroom Collateral 2016.
Appears in: SinkShroom Collateral
Description: electronic file.
Copyright Claimant: Juka Innovations Corporation, Transfer: By written agreement. Address: 707
Broadhollow Rd Ste 22, Farmingdale, NY, 11735, United States.
Authorship on Application: Solyman Najimi, 1981- ; Citizenship: United States. Authorship: 2-D artwork -
Serge Karnegie, 1978- ; Citizenship: United States. Authorship: 2-D artwork -
Rights and Permissions: Juka Innovations Corporation, 707 Broadhollow Rd Ste 22, Farmingdale, NY,
11735, United States
Basis for Registration: Unpublished Collection
Names: Najimi, Solyman, 1981-
Karnegie, Serge, 1978-


Reg. No. 5,179,859 Juka Innovations Corporation (NEW YORK CORPORATION)

32 Herb Hill Rd
Registered Apr. 11, 2017 Glen Cove, NY 11542
CLASS 11: Strainers for plumbing drains; Plumbing fittings, namely, sink strainers;
Int. Cl.: 11 Plumbing supplies, namely, sink strainers
Trademark FIRST USE 6-16-2016; IN COMMERCE 6-16-2016
Principal Register THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
PARTICULAR FONT STYLE, SIZE OR COLOR
SER. NO. 87-095,593, FILED 07-07-2016

MEGHAN M REINHART, EXAMINING ATTORNEY
REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION
WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE

DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
Requirements in the First Ten Years*

What and When to File:
First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
years after the registration date. See 15 U.S.C. 1058, 1141k. If the declaration is accepted, the
registration will continue in force for the remainder of the ten-year period, calculated from the registration
date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application
for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. 1059.
Requirements in Successive Ten-Year Periods*

You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
between every 9th and 10th-year period, calculated from the registration date.*
Grace Period Filings*
The above documents will be accepted as timely if filed within six months after the deadlines listed above with
the payment of an additional fee.
*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an

extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use
(or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO).
The time periods for filing are based on the U.S. registration date (not the international registration date). The
deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for
nationally issued registrations. See 15 U.S.C. 1058, 1141k. However, owners of international registrations
do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying
international registration at the International Bureau of the World Intellectual Property Organization, under
Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the
date of the international registration. See 15 U.S.C. 1141j. For more information and renewal forms for the
international registration, see http://www.wipo.int/madrid/en/.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online at h
ttp://www.uspto.gov.
NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
owners/holders who authorize e-mail communication and maintain a current e-mail address with the
USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
available at http://www.uspto.gov.
Page: 2 of 2 / RN # 5179859
Reg. No. 5,179,860 Juka Innovations Corporation (NEW YORK CORPORATION)

32 Herb Hill Rd
Registered Apr. 11, 2017 Glen Cove, NY 11542
CLASS 11: Strainers for plumbing drains; Plumbing fittings, namely, sink strainers;
Int. Cl.: 11 Plumbing supplies, namely, sink strainers
Trademark FIRST USE 6-16-2016; IN COMMERCE 6-16-2016
Principal Register THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY
PARTICULAR FONT STYLE, SIZE OR COLOR
SER. NO. 87-095,611, FILED 07-07-2016

MEGHAN M REINHART, EXAMINING ATTORNEY
REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION
WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE

DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
Requirements in the First Ten Years*

First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
years after the registration date. See 15 U.S.C. 1058, 1141k. If the declaration is accepted, the
registration will continue in force for the remainder of the ten-year period, calculated from the registration
date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application
for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. 1059.
Requirements in Successive Ten-Year Periods*

You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
between every 9th and 10th-year period, calculated from the registration date.*
Grace Period Filings*
The above documents will be accepted as timely if filed within six months after the deadlines listed above with
the payment of an additional fee.
*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an

extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use
(or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO).
The time periods for filing are based on the U.S. registration date (not the international registration date). The
deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for
nationally issued registrations. See 15 U.S.C. 1058, 1141k. However, owners of international registrations
do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying
international registration at the International Bureau of the World Intellectual Property Organization, under
Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the
date of the international registration. See 15 U.S.C. 1141j. For more information and renewal forms for the
international registration, see http://www.wipo.int/madrid/en/.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online at h
ttp://www.uspto.gov.
NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
owners/holders who authorize e-mail communication and maintain a current e-mail address with the
USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
available at http://www.uspto.gov.
Page: 2 of 2 / RN # 5179860
10/5/2017 Best Shower-Trap
Case 2:17-cv-06134 Document 1-7 Filed TubShroom
10/20/17ReviewPage
2017 1 of 7 PageID #: 74
April 11, 2017 4:33 pm
The Plastic Mushroom Thats Saved Me

Thousands in Plumbing Fees
By Alison Freer
Never find yourself showering in standing water again.
In high school, my father was always threatening to make me pay for the stream of plumbers he constantly had to
call to unclog giant clumps of my baby-fine, waist-length blonde hair from the bathtub drain. Now that Im all grown
up and paying for those plumbers myself, I see his point. Regular drain screens let way too much hair pass through
so after a bit of intensive research (4,500 five-star Amazon reviewers cant be wrong), I found the best bathtub
hair trap $13 can buy: the TubShroom.
You just pop the all-silicone TubShroom into your drain, then pop it out, and wipe off the hair coiled at the bottom
with a tissue or paper towel to clean as needed. The hair slides right off without any disgusting picking or digging
and takes a grand total of five seconds. The advertisement says to clean it once per week, but I wind up
cleaning mine every three days or so. Every time I wipe it off, theres so much hair that I wonder how Im not totally
and completely bald.
The TubShroom is not the sexiest product there ever was, but it does what it says: allows water to drain while
catching stray hairs in a (mercifully) out-of-sight place for easy disposal later. I cant emphasize it enough. Nothing
gets past this little guy not my boyfriends tiny beard hairs (he shaves in the shower) nor the copious amounts of
hair that comes off my husky when I bathe him at home. Most impressively, it also grabs the gunk that comes
along with all that hair otherwise known as dirt, body oil, and product buildup before it has a chance to clog
your pipes. This little piece of plastic has saved me (and the pipes in my 120 year-old house) at least a thousand
bucks in emergency plumbing calls. (Showers never conveniently clog themselves during normal business hours.)
The TubShroom beats every other hair catcher by a mile (Ive tried them all), and youll never find yourself
showering in standing water due to a drain clog ever again.
TubShroom Shower Catcher

$13, Amazon
Plus: A few more bathtub accessories we love.
http://nymag.com/strategist/article/best-shower-trap-tubshroom-review.html 1/4
10/5/2017 Slate1-7
Case 2:17-cv-06134 Document Picks -Filed
TubShroom Drain Protector
10/20/17 Page 2 of 7 PageID #: 75
We write about a lot of stu at Slate. Some of it we like. Some of it we think youll like. So we've put all of our
recommendations in one place so that you can nd them more easily. Slate Picks, you shop.
GET NEW PICKS BY EMAIL SUBSCRIBE
TubShroom Drain
Protector
Bear with me for a moment while I sound like an infomercial: I shed a
lot of hair when I shower. My old drain catchera metal doodad
purchased at a hardware storewas next to impossible to clean out,
and it routinely prevented my tub from draining eciently, leaving me
standing in a few inches of dirty water by the end of each shower.
After purchasing a TubShroom based on the strength of their Amazon
reviews, I no longer have those problems. Its extremely easy to clean
and doesnt block your drain, even if you lose handfuls of hair with
each shampooing, as I do.
Recommended by L.V. Anderson
BUY AT AMAZON $12.99
PICK COLLECTIONS
Audiobooks to Keep The Best Historical The Slate Guide to The 2016 Slate Gift Norway to New York: The Best Books of the The E
Everyone Happy on Co ee-Table Books of Drinking Sherry Guide How to Bring the Far Year, So Far
Your Summer Road Trip 2016 North into Your City
Lif
PICKS RECOMMENDED BY
Fred Kaplan Daniel Engber Dan Kois June Thomas Julia Turner Dana Stevens
ALL PICKS
KIDS AND FAMILY BOOKS SLATE APPAREL TELEVISION MUSIC
http://picks.slate.com/products/tubshroom-drain-protector 1/4
10/5/2017 Case 2:17-cv-06134 DocumentSnare
1-7 your hair - The
Filed Boston Globe
10/20/17 Page 3 of 7 PageID #: 76
Tweet Share 0 Subscribe Members

Starting at 99 cents Sign In
OBSESSION Comments
Snare your hair

0
TUBSHROOM
B y Mar ni Elyse K atz G LO BE C O RRE S PO N D E N T JU LY 20, 2017
Tub drains clog even more in summer with all the extra bathing needed to rinse off salt and
sand. Rather than pour poison into the ecosystem, consider popping in a TubShroom.
TubShroom is a mushroom-like silicone stopper that fits in the drain to catch Rapunzel-like
One free article left. Subscribe now
https://www.bostonglobe.com/lifestyle/2017/07/20/snare-your-hair/vTCczcw4Mju4OWTIttHmvM/story.html 1/5
10/5/2017 Case 2:17-cv-06134 DocumentSnare
1-7 your hair - The
Filed Boston Globe
10/20/17 Page 4 of 7 PageID #: 77
tresses. Unlike strainer-type
Tweet Share 0
contraptions, this one
sticks up a bit in order to conceal stray strands, so
Comments
theres no unsightly ick. Its even kind of cute and
available in blue, grey, green, orange, and white.
TubShroom hair catcher, $12.99 at Bed Bath &
Beyond, 401 Park Drive, Boston, 617-536-1090,
bedbathandbeyond.com
Marni Elyse Katz blogs at stylecarrot.com.
0 COMMENTS
Most Popular In Lifestyle
Scampos Lydia Shire doesnt mince words about dining scene

The Coolidge Corner native doesnt hold back behind the stove or in conversation. MORE...
The dierence between doctors and nurses

Fifty years ago this question would have been easy to answer. MORE...
Instant gratication is making us perpetually impatient

Weve come to expect things so quickly in every corner of our lives that experts caution its
making us less patient. MORE...
Todays families are prisoners of their own clutter

One free article left. Subscribe now
https://www.bostonglobe.com/lifestyle/2017/07/20/snare-your-hair/vTCczcw4Mju4OWTIttHmvM/story.html 2/5
10/5/2017 TubShroom Review: Why
Case 2:17-cv-06134 You Might Actually
Document 1-7 Want to Buy
Filed This "As Seen
10/20/17 on TV5Drain
Page of 7Hair Catcher | Glamour
PageID #: 78
SUB SCRIB E
B EA UTY | PRODUCT REVIEWS | L IFE HA CK
I Tried TubShroom, the "As Seen on TV Drain

Hair Catcher, and It Was a Serious Gamechanger
BY MEIRAV DEVASH
NOVEMBER 11, 2016 2:37 PM
PHOTO: AMBER VENERABLE/ALLURE
https://www.glamour.com/story/tubshroom-drain-hair-catcher-review#intcid=dt-recirc-cral1_1 1/9
Filed This "As Seen
PageID #: 79
RECOMMENDED FOR YOU

"Your hair /it's everywhere "Dashboard Confessional; Screaming Infidelities, 2001.
See Photos of Lauren Conrad's Minimalist, Chic California Home

Who remembers this little screamo ditty from the early aughts? (The video included
clips of baby, pre-Breaking Bad Aaron Paul from an MTV movie called Wasted.)
Whenever the song comes on, my husband claims it was written for me because my
hair is indeed everywhere. Its pretty thick to begin with, and since I have a hair-
pulling disorder, Im also usually wearing some type of hairpiece or extensions.
What Im trying to say is, I shed. A LOT. I mean, I shed like an English Sheepdog in a
wind tunnel. I watch hairball tumbleweeds roll across my hardwood floor every day,
though I constantly sweep. Each time I wash my hair, Im convinced Ill be bald when I
get out of the showerhow can one person have enough hair to sustain all the giant
merkins that get caught in the drain?
So when I saw a Kickstarter video of the TubShroom drain hair catcher on my

Facebook feed one day, I ordered itand it was the best $12.99 investment Ive made.
So here I am, preaching to the unconverted.
TubShroom: A Greener Way to Protect Your Drain
BEFORE TUBSHROOM:
My husband and I had graduated to a standard metal drain hair catcher in our tub
after way too much hair and pomade residue (my husbands fault) was getting around
Filed This "As Seen
PageID #: 80
the stopper, forming an impenetrable barrier of grossness. TBH its pretty nasty to see
that wet hairball in the trap every time you shower, and even nastier to pick it up to
toss it in the trash after youre all nice and clean. Worse, if you let it dry, it just forms a
drain-cover-shaped cup made of matted strands, which you then have to peel off. Not
only does it look gross, it doesnt even work. We went through the same monthly ritual
my husband slipping $20 every month to our buildings handyman, Cesar, who
would snake our clogged drain.
Sorry, dry heaving right now.
AFTER TUBSHROOM:
I picked the white one, which looks minimalist and not at all goofy (some of the colors
availableorange, blue, lime greenare more Cartoon Network than Kohler).
Installation was literally just plopping the flexible silicone plug into the drain and
leaving the top quarter-inch sticking out. That gives the hair somewhere to go, and the
best part is you dont have to look at it. Spool-like grooves below the surface coil stray
hair around the plug, while holes on the top allow water to flow through, even when
theres a ton of hair caught in there. What you get when you pop out the plug (which is
super easy, since its super bendy) is a hair donut thats very nearly cute. Wet or dry,
its no hassle to snatch and dispose of.
It works on humans and pets (inventors Elena Karnegie and her husband, Serge, live
with a shaggy German Shepherd and a fluffy cat who loves to shower, go figure), and it
fits in any standard bathtub drain. Ive had mine for six months, which means Ive
saved over $100 in handyman bribes!
The mom-and-pop have been hard at work on the new SinkShroom (same idea, but for
the sink), which is scheduled to debut later this month. Ive already pre-ordered it for
$12 on their Indiegogo site.
A look at more infomercial beauty products:

-We Tried This "As Seen on TV" Skin-Firming Cream to See If It Really Works
-Have You Been Tempted by an As-Seen-on-TV Beauty Product?
-The 7 Weirdest Beauty Tools From Japan That You Can Actually Buy
Never deal
ROTECTOR with a clogged
AINP drain again
B DR
TU
Fits any standard 1.5
bath tub drain
Works great with bothh 100%
human and animal hair BPA FREE
EE
High Quality
Silicone
Say goodbye to clogged
ged
ed
d drains!
1 2 3 4
Insert Sink Stainer The hair wraps up neatly All the hairs is in one place Remove the hair with
into the drain. around the cylinder and ready for clean an upp one effortless move
Easy to
d
install and
Clean
After Installation tools

ools
Before
not required
Item No. UPC Code Packing Measurement Per case Quantity
02151 846175021514 Clamshell 58 x 36 x 43 cm 250pcs/ctn 20FCL - 69,444
40FCL - 150,000
40HQ - 188,889
CREATIVE CONCEPTS MANUFACTURING LIMITED

H.K. Address U.S.A. Address U.K. Address Factory Address:
Suite F2, 3rd Floor,Phase 2, 50 Harrison Street, Suite 112 6-9, The Square, Stockley Park, Uxbridge FengJia Industrial Zone, Airport Road, YinZhou District,
Hang Fung Industrial Building, No, 2G Hok Yuen Street, Hoboken, NJ 07030 US UB111FW, United Kingdom NingBo, ZheJiang. (2nd Floor, Next to FengJia Primary School)
Hung Hom, Kowloon, Hong Kong Tel: 1-201-6562077 Tel: 044-2034275006 Ext: 5007
Tel: (852)-27736401 / 2 (8 lines) Fax: (852)-27736403 E-mail: contact@creativeconceptsusa.com E-mail: chris.green@creativeconceptsmfg.net
E-mail: Inquiry@creativeconceptsmfg.net
10/5/2017 Case 2:17-cv-06134 Document 1-9 About
FiledUs |10/20/17
Jobar Inc Page 1 of 1 PageID #: 87
NEW ITEMS HOT ITEMS OPPORTUNITY BUYS DOWNLOAD CATALOG NEW CUSTOMER APPLICATION
Home Brands Jobar TV About Us Contact Us Tradeshows
About Us
Founded in 1972, Jobar International, Inc. is an internationally respected market leader in the
consumer products industry. Were a business-to-business (B2B) supplier that creates unique,
functional, quality products. Our catalog includes over 700 items, with 100 new additions
annually.
We back our products with exceptional customer service, consistent value pricing, and
extensive worldwide distribution. Our primary goal is the development of long-lasting business
relationships. We have the capability and resources to provide private label products, custom
packaging, and numerous merchandizing options.
Our headquarters and U.S. distribution center in Carson, California is a 100, 000 square foot
facility, which includes a state-of-the-art showroom and spacious conference center. In October
2014, UK-based Jobar Europe launched our Rotterdam Ful llment Center allowing
convenient distribution throughout Europe. Jobar HK Ltd., established in 2006 and based in
Hong Kong, serves as an independent sourcing arm for private label and OEM projects to many
of the worlds leading retailers.
http://www.jobar.com/about-us/ 1/2
8/29/2017 Gmail - Dream
Case 2:17-cv-06134 Document 1-11Products
FiledInc.: New Order # 300255453
10/20/17 Page 1 of 2 PageID #: 89
Solyman Najimi
Dream Products Inc.: New Order # 300255453

1 message
Dream Products Sales Dept. <noreply@dreamproducts.com> Tue, Aug 29, 2017 at 12:03 PM
Reply-To: "Dream Products Sales Dept." <noreply@dreamproducts.com>
To:
THIS IS AN UNMONITORED EMAIL BOX. PLEASE DO NOT REPLY TO THIS EMAIL
Once your package ships we will send an email with a link to track your order. Your
order summary is below. Thank you again for your business.
Order Questions?
Call Us: 800-410-2153

Monday - Friday, 8am - 4pm PST
Email: Web Email Form
Your order #300255453

Placed on August 29, 2017 9:03:17 AM PDT
ITEMS IN YOUR ORDER QTY PRICE
SOFTEE DRAIN STRAINERS ( BUY 1 GET 1 FREE) 1 $9.99

SKU: 86826
Options
Tub
FREE - FREE SURPRISE GIFT 1 $0.00

SKU: 95153
Subtotal $9.99
Shipping & Handling $0.00
Grand Total $9.99
https://mail.google.com/mail/u/0/?ui=2&ik=916880d2a4&jsver=PX1Y7GgZjW4.en.&view=pt&search=inbox&th=15e2ebf5d72c08de&siml=15e2ebf5d72 1/2
8/29/2017 Gmail - Dream
Case 2:17-cv-06134 Document 1-11Products
FiledInc.: New Order # 300255453
10/20/17 Page 2 of 2 PageID #: 90
BILL TO: SHIP TO:

solyman najimi solyman najimi
707 broadhollow rd ste 22 707 broadhollow rd ste 22
Farmingdale, New York, 11735 Farmingdale, New York,
United States 11735
T: 6313930986 United States
T: 6313930986
SHIPPING METHOD: PAYMENT METHOD:

FREE STANDARD Shipping + Handling (Allow 1-2 weeks for
Credit Card
delivery)
Credit Card Type
MasterCard
Credit Card Number
Name on the Card

Solyman Najimi
All orders are shipped via the United States Postal Service.
NOTE: All orders shipping outside the contiguous U.S. must use Expedited Shipping.
Thank you, Dream Products Inc.!
These offers are only valid at www.dreamproducts.com. FREE SHIPPING* is only valid for standard shipping within the contiguous
48 states of USA. Free Gifts With Purchase valid for seven days or until supplies last. Free Gifts With Purchase may be substituted
at the discretion of Dream Products, Inc. There is no raincheck for future purchase. Use of this special offer constitutes acceptance
of these terms and additional terms of Dream Products Inc., program found at www.dreamproducts.com. Certain images and/or
photos on this page are the copyrighted property of 123RF Limited, their Contributors or Licensed Partners are being used with
permission under license. These images and/or photos may not be copied or downloaded without permission from 123RF Limited.
This email was sent by Dream Products Inc., located at 412 Dream Lane , Van Nuys, CA 91496. To unsubscribe from future
marketing emails click here. This email was sent to .
2017 Dream Products. All rights reserved. Privacy Policy
https://mail.google.com/mail/u/0/?ui=2&ik=916880d2a4&jsver=PX1Y7GgZjW4.en.&view=pt&search=inbox&th=15e2ebf5d72c08de&siml=15e2ebf5d72 2/2
8/29/2017 Gmail - SUPPORT
Case 2:17-cv-06134 Document 1-13PLUS Shipped
Filed Confirmation-Page
10/20/17 # Y6238448
1 of 2 PageID #: 92
Solyman Najimi
SUPPORT PLUS Shipped Confirmation- # Y6238448

1 message
Support Plus <shop@supportplus.com> Mon, Jun 12, 2017 at 8:21 AM

To:
SOLYMAN NAJIMI , your Support Plus order has shipped! See Details
Please unblock images to view the email properly.
Hosiery Footwear Foot Care Back Supports Pain Remedies
Your Support Plus order has shipped.

Dear SOLYMAN NAJIMI,
Thank you for your recent Support Plus order Y6238448.
The following item(s) were shipped on 06/12/2017
Item
Qty. Style#/Size/Color Description Total
Price
1 FG4642 SOFTEE TUB STRAINER S/2 $5.99 $5.99
1 FG4652 SOFTEE SINK STRAINER S/2 $5.99 $5.99
Shipment Summary:
Product T otal: $11.98

Delivery T otal: $15.98
Tax Total: $0.00
Shipment T otal: $27.96
Your FEDEX 2 DAY tracking number is 653475471654
To track the status of your shipment, click here to view your order details and
then click on the tracking number. Please allow 24-48 hours for the tracking
information to appear.
These items were shipped to the following address(es):
ERIC WALT
SUITE 202
1749 S NAPERVILLE RD
WHEATON, IL 60189
If this does not complete your order, additional emails will follow regarding the
status of your other items.
If you have any questions or need assistance, simply reply to this email or call our
Customer Service team at 1-866-553-8875.
Thank you for shopping at Support Plus.

http://www .supportplus.com
https://mail.google.com/mail/u/0/?ui=2&ik=916880d2a4&jsver=PX1Y7GgZjW4.en.&view=pt&q=softee&qs=true&search=query&th=15c9c40d545e73d6 1/2
8/29/2017 Gmail - SUPPORT
Case 2:17-cv-06134 Document 1-13PLUS Shipped
Filed Confirmation-Page
10/20/17 # Y6238448
2 of 2 PageID #: 93
Information pertaining to your website registration and order status will always be communicated to you through email.
This message has been sent to: . You provided your email address to us when you registered or
purchased with Support Plus.
To ensure delivery of our Customer Service emails, please add shop@supportplus.com to your address book.
Support Plus Privacy Policy
Support Plus
5581 Hudson Industrial Pkwy
Hudson OH,44236
1-800-229-2910
shop@supportplus.com
2015, Support Plus
https://mail.google.com/mail/u/0/?ui=2&ik=916880d2a4&jsver=PX1Y7GgZjW4.en.&view=pt&q=softee&qs=true&search=query&th=15c9c40d545e73d6 2/2
8/29/2017 Gmail
Case 2:17-cv-06134 Document - Confirmation
1-15 Filedfor10/20/17
Order #192255110
Page 1 of 2 PageID #: 95
Solyman Najimi
Confirmation for Order #1922551 10

1 message
PulseTV.com <orderdesk@pulsetv.com> Tue, Aug 29, 2017 at 12:00 PM

To:
New Stuff | Clearance | Departments | About Us | Service | View Order Status
Hello solyman ,
Please review your order details below and contact

our Order Desk immediately if there are any errors
at 800-711-1361 to ensure correction.
Provided the items are in stock, most orders will ship

within 1-2 business days. We will also email a
separate shipment confirmation once your order has
been shipped.
Answers to our most commonly asked questions can

be found on our FAQs Page.
If you are having a problem or have any additional

questions you can also Contact Us.
ORDER DATE: 8/29/2017 12:00:02 PM Eastern

SHIPPING VIA: STANDARD US POST OFFICE - 5 TO 10 BUSINESS DAYS
PAYMENT METHOD: Credit Card
Order Number: 192255110

Order Status: View Online
Billing Address Shipping Address

solyman najimi solyman najimi
707 broadhollo rd ste 22 707 broadhollo rd ste 22
farmingdale, NY 11735 farmingdale, NY 11735
Item Number Description Qty Ord. Total

7928 Softee Tub Strainers - Set of 2 1 $5.99
Subtotal: : $5.99
Tax: $0.00
Shipping: $3.59
Order Total: $9.58
For our Standard Delivery method, please allow 7-10 days from the date of shipment to receive your order. Or,
if you selected the optional UPS service, you can expect your shipment to arrive in 3-8 days. (All shipments
https://mail.google.com/mail/u/0/?ui=2&ik=916880d2a4&jsver=PX1Y7GgZjW4.en.&view=pt&search=inbox&th=15e2eb82d34537a2&siml=15e2eb82d3 1/2
8/29/2017 Gmail
Case 2:17-cv-06134 Document - Confirmation
1-15 Filedfor10/20/17
Order #192255110
Page 2 of 2 PageID #: 96
outside the U.S. allow 4-6 weeks.) Only registered customers can track their order status. All customers will
receive a tracking number with the shipping confirmation email that will follow
Credit card payments are not processed until the actual date of shipment and will appear on your records as
www.pulsetv.com. PayPal payments are billed to your PayPal account the date your order is submitted.
Download our new online PulseTV catalog Don't Miss Today's DEAL OF THE DAY
https://mail.google.com/mail/u/0/?ui=2&ik=916880d2a4&jsver=PX1Y7GgZjW4.en.&view=pt&search=inbox&th=15e2eb82d34537a2&siml=15e2eb82d3 2/2

Juka Innovations v. Jobar - Complaint

Hochgeladen von

Dokumentinformationen

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

Juka Innovations v. Jobar - Complaint

Hochgeladen von

Copyright:

Verfügbare Formate

Case 2:17-cv-06134 Document 1 Filed 10/20/17 Page 1 of 24 PageID #: 1

UNITED STATES DISTRICT COURT

COMPLAINT FOR PATENT INFRINGEMENT, COPYRIGHT INFRINGEMENT,

PulseTV) (collectively, RETAILERS); alleges as follows:

1. This is an action for:

U.S.C. 101 et seq.;

17 U.S.C. 101 et seq.;

15 U.S.C. 1051 et seq.;

VAu001283876 entitled TubShroom Collateral 2016; Reg. No. VAu001263568 entitled

Registrations are attached hereto as Exhibit C.

Common Law Trademarks are referred to herein as the JUKA Trademarks.)

sale, sells, and/or imports into the United States.

9. JOBAR has engaged in and continues to engage in unfair competition in violation

sale, sells, and/or imports into the United States.

transports in commerce in the State of New York.

States, without JUKAs permission, which infringe the JUKA Patent.

States, without JUKAs permission, which infringe the JUKA Copyrights.

States, without JUKAs permission, which infringe the JUKA Trademarks.

disgorgement of JOBARs profits from its unfair competition.

17. On information and belief, Defendant JOBAR is a corporation organized and

Figueroa St., Carson, CA 90745.

18. On information and belief, Defendant Dream Products Inc., is a California

Hudson OH, 44236.

JURISDICTION AND VENUE

349 and 360-l).

1121 and 28 U.S.C. 1331, 1338 and 1367.

in the State of New York.

committing acts of Federal patent infringement, copyright infringement, trademark infringement

A. JUKAs Intellectual Property Rights

29. On or about September 28, 2015, JUKAs predecessors-in-interest launched a

KICKSTARTER campaign to market their unique products.

30. Initially seeking only a modest fundraising target of $12,000, this

attached hereto as Exhibit D.

31. Through various other crowdfunding platforms, JUKAs predecessors-in-interest

demand for JUKAs novel products.

products. In particular, JUKA owns:

registrations duly and legally issued to JUKA, namely:

(a) January 3, 2017 with respect to Copyright Reg. No. VAu001283873;

(c) January 3, 2017 with respect to Copyright Reg. No. VAu001283876;

(iii) various trademark rights relating to JUKAs MUSHROOM Brand including:

(b) The JUKA Common Law Trademarks identified above, namely:

proverbial woodwork in an effort to unlawfully knock-off JUKAs innovative products.

once such third parties were confronted.

B. JOBARs Patent Infringement

substantially the same.

Table 1 Comparison of the JUKA Patent with the Infringing Strainers

Table 1 Comparison of the JUKA Patent with the Infringing Strainers

Table 1 Comparison of the JUKA Patent with the Infringing Strainers

Table 1 Comparison of the JUKA Patent with the Infringing Strainers

C. JOBARs Copyright Infringement

covered by the JUKA Copyrights.

D. JOBARs Trademark Infringement

49. JUKA has conscientiously taken steps to develop a MUSHROOM Brand in

TUBSHROOM (Reg. No. 4972762), SINKSHROOM (Reg. No. 5179859) and

SHOWERSHROOM (Reg. No. 5179860);

STOPSHROOM (Application Serial No. 87287555);

(iv) registering the www.tubshroom.com, www.sinkshroom.com and

www.showershroom.com domain names; and

the State of New York; without JUKAs authorization.

E. JOBARs Unfair Competition

(i) Section 43 of the Lanham Act, 15 U.S.C. 1125(a); and

F. Test Buys and Third Party Retailers

attached hereto as Exhibit H.

attached hereto as Exhibit J.