Case: 5:18-cv-01056 Doc #: 1 Filed: 05/07/18 1 of 12.

PageID #: 1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

SPECTRUM DIVERSIFIED DESIGNS, LLC ) CASE NO.

675 Mondial Parkway )
Streetsboro, OH 44241, ) JUDGE
Plaintiff, )
)
v. ) COMPLAINT FOR PATENT
) INFRINGEMENT
HDS TRADING CORP. )
1305 Jersey Avenue ) DEMAND FOR JURY TRIAL
North Brunswick, NJ 08902, )
Defendant. )

Plaintiff Spectrum Diversified Designs, LLC (“Spectrum”) for its Complaint against

Defendant HDS Trading Corp. (“HDS”) alleges as follows:

I. PRELIMINARY STATEMENT

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

States, Title 35, United States Code.

II. JURISDICTION AND VENUE

2. This Court has original jurisdiction over the subject matter of this action under 28

U.S.C. §§ 1331 and 1338(a).

3. Personal jurisdiction over HDS is proper in this district because HDS is an online-

based company serving the entire United States and has a regular and established place of

business in this district through its continuous, systematic, and substantial presence within this

district. HDS regularly does and solicits business and derives revenue from goods provided to

individuals in this district online and otherwise, including but not limited to selling its infringing

products to consumers in this district and selling into the stream of commerce knowing such
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products would be sold in Ohio and this district, which acts form a substantial part of the events

giving rise to Spectrum’s claim.

4. Venue is proper in this district under 28 U.S.C. §§ 1391(b) and 1400(b).

III. PARTIES

5. Spectrum is a limited liability company formed under the laws of Delaware with

its principal place of business at 675 Mondial Parkway, Streetsboro, OH 44241.

6. Upon information and belief, HDS is a corporation formed under the laws of

New York with a principal place of business at 1305 Jersey Avenue, North Brunswick,

NJ 08902.

IV. FACTUAL BACKGROUND

7. Spectrum is engaged in the business of designing, manufacturing, and selling

products, many of which are houseware items.

8. United States Design Patent Number D533,750 (“D750 patent”), entitled

“BANANA HOLDER” issued on December 19, 2006, and names Sheldon H. Goodman and

Robert L. Blackadar as the inventors. A true copy of the D750 patent is attached as Exhibit 1.

9. The D750 patent claims the ornamental design for a banana holder.

10. Spectrum is the owner by assignment of the entire right, title, and interest in the

D750 patent.

11. United States Design Patent Number D538,109 (“D109 patent”), entitled

“BANANA HOLDER” issued on March 13, 2007, and names Sheldon H. Goodman and Robert

L. Blackadar as the inventors. A true copy of the D109 patent is attached as Exhibit 2.

12. The D109 patent claims the ornamental design for a banana holder.

13. Spectrum is the owner by assignment of the entire right, title, and interest in the

D109 patent.
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14. Spectrum sells a banana holder, known as the Euro Banana Holder that is covered

by the D109 and D750 patents. Since issuance of the D109 and D750 patents, Spectrum has

marked its Euro Banana Holder in compliance with 35 U.S.C. § 287.

15. United States Design Patent Number D587,073 (“D073 patent”), entitled

“NAPKIN HOLDER” issued on February 24, 2009, and names Sheldon H. Goodman and Omer

I. Sazir as the inventors. A true copy of the D073 patent is attached as Exhibit 3.

16. The D073 patent claims the ornamental design for a napkin holder.

17. Spectrum is the owner by assignment of the entire right, title, and interest in the

D073 patent.

18. Spectrum sells a napkin holder, known as the Euro Flat Napkin Holder that is

covered by the D073 patent. Since issuance of the D073 patent, Spectrum has marked its Euro

Flat Napkin Holder in compliance with 35 U.S.C. § 287.

19. United States Design Patent Number D539,104 (“D104 patent”), entitled “MUG

HOLDER” issued on March 27, 2007, and names Sheldon H. Goodman and Robert L. Blackadar

as the inventors. A true copy of the D104 patent is attached as Exhibit 4.

20. The D104 patent claims the ornamental design for a mug holder.

21. Spectrum is the owner by assignment of the entire right, title, and interest in the

D104 patent.

22. United States Design Patent Number D529,348 (“D348 patent”), entitled “MUG

HOLDER” issued on October 3, 2006, and names Sheldon H. Goodman and Robert L. Blackadar

as the inventors. A true copy of the D348 patent is attached as Exhibit 5.

23. The D348 patent claims the ornamental design for a mug holder.

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24. Spectrum is the owner by assignment of the entire right, title, and interest in the

D348 patent.

25. Spectrum sells a mug holder, known as the Euro Mug Holder that is covered by

the D104 and D348 patents. Since issuance of the D104 and D348 patents, Spectrum has marked

its Euro Mug Holder in compliance with 35 U.S.C. § 287.

26. United States Design Patent Number D747,932 (“D932 patent”), entitled

“BREAD BASKET” issued on January 26, 2016, and names Sheldon H. Goodman and

Phaysouk Xayoiphonh as the inventors. A true copy of the D932 patent is attached as Exhibit 6.

27. The D932 patent claims the ornamental design for a bread basket.

28. Spectrum is the owner by assignment of the entire right, title, and interest in the

D932 patent.

29. Spectrum sells a bread basket, known as the Euro Bread Basket that is covered by

the D932 patent. Since issuance of the D932 patent, Spectrum has marked its Euro Bread Basket

in compliance with 35 U.S.C. § 287.

30. HDS manufactures, uses, sells, offers for sale, and/or imports into the United

States houseware products that infringe Spectrum’s intellectual property rights, including the

D750 patent, D109 patent, D073 patent, D104 patent, D348 patent, and D932 patent (the

“Asserted Patents”).

31. Upon information and belief, HDS has known of the existence of the Asserted

Patents, and its acts of infringement have been willful and in disregard for the Asserted Patents

without any reasonable basis for believing that it had a right to engage in the infringing conduct.

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32. HDS’s acts complained of herein have caused Spectrum to suffer irreparable

injury to its business. Spectrum will continue to suffer substantial loss and irreparable injury

until HDS is enjoined from its wrongful actions complained of herein.

V. CLAIM FOR PATENT INFRINGEMENT

33. Spectrum repeats and re-alleges paragraphs 1 through 32 hereof, as if set forth

fully herein.

34. This is a claim for patent infringement under 35 U.S.C. § 271.

35. HDS has copied and infringed a large portion of Spectrum’s Euro line of

products.

36. HDS infringed and continues to infringe the D750 patent by making, using,

selling, offering for sale, and/or importing into the United States, including within this judicial

district, banana holders having a design that would appear to an ordinary observer to be

substantially similar to the claim of the D750 patent, including, for example, HDS’s Home

Basics Banana Tree, Satin Nickel Simplicity Collection (“Home Basics Banana Tree”), as shown

below.

Infringing Home Basics Banana Tree Spectrum’s Patent

U.S. Patent No. D533,750

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37. HDS’s infringement of the D750 patent was knowing, intentional, and willful.

38. HDS infringed and continues to infringe the D109 patent by making, using,

selling, offering for sale, and/or importing into the United States, including within this judicial

district, banana holders having a design that would appear to an ordinary observer to be

substantially similar to the claim of the D109 patent, including, for example, HDS’s Home

Basics Banana Tree, as shown below.

Infringing Home Basics Banana Tree Spectrum’s Patent

U.S. Patent No. D538,109

39. HDS’s infringement of the D109 patent was knowing, intentional, and willful.

40. HDS infringed and continues to infringe the D073 patent by making, using,

selling, offering for sale, and/or importing into the United States, including within this judicial

district, napkin holders having a design that would appear to an ordinary observer to be

substantially similar to the claim of the D073 patent, including, for example, HDS’s Home

Basics Napkin Holder Flat Simplicity (“Home Basics Napkin Holder”), as shown below.

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Infringing Home Basic Napkin Holder Spectrum’s Patent

U.S. Patent No. D587,073

41. HDS’s infringement of the D073 patent was knowing, intentional, and willful.

42. HDS infringed and continues to infringe the D104 patent by making, using,

selling, offering for sale, and/or importing into the United States, including within this judicial

district, mug holders having a design that would appear to an ordinary observer to be

substantially similar to the claim of the D104 patent, including, for example, HDS’s Home

Basics Mug Tree – Chrome (“Home Basics Mug Tree”), as shown below.

Infringing Home Basic Mug Tree Spectrum’s Patent

U.S. Patent No. D539,104

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43. HDS’s infringement of the D104 patent was knowing, intentional, and willful.

44. HDS infringed and continues to infringe the D348 patent by making, using,

selling, offering for sale, and/or importing into the United States, including within this judicial

district, mug holders having a design that would appear to an ordinary observer to be

substantially similar to the claim of the D348 patent, including, for example, HDS’s Home

Basics Mug Tree, as shown below.

Infringing Home Basics Mug Tree Spectrum’s Patent

U.S. Patent No. D529,348

45. HDS’s infringement of the D348 patent was knowing, intentional, and willful.

46. HDS infringed and continues to infringe the D932 patent by making, using,

selling, offering for sale, and/or importing into the United States, including within this judicial

district, bread baskets having a design that would appear to an ordinary observer to be

substantially similar to the claim of the D932 patent, including, for example, HDS’s Home

Basics Simplicity Collection Bread Basket, Satin Nickel (“Home Basics Bread Basket”), as

shown below.

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Infringing Home Basics Bread Basket Spectrum’s Patent

U.S. Patent No. D747,932

47. HDS’s infringement of the D932 patent was knowing, intentional, and willful.

48. As a direct and proximate result of HDS’s acts of infringement, HDS has derived

and received gains, profits, and advantages in an amount that is not presently known to

Spectrum.

49. HDS’s acts of infringement of the Asserted Patents have caused Spectrum

damage for which Spectrum is entitled to compensation pursuant to 35 U.S.C. § 284.

50. This case is exceptional and, therefore, Spectrum is entitled to an award of

attorneys’ fees pursuant to 35 U.S.C. § 285.

51. Spectrum is entitled to HDS’s total profits from its infringement of the Asserted

Patents pursuant to 35 U.S.C. § 289.

52. Due to HDS’s infringing acts, Spectrum has suffered irreparable injury, for which

Spectrum has no adequate remedy at law.

53. HDS will continue to directly infringe Spectrum’s patent rights to the irreparable

injury of Spectrum until enjoined by this Court.

WHEREFORE, Spectrum requests judgment against HDS as follows:

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A. Adjudging HDS to have infringed the Asserted Patents in violation of

35 U.S.C. § 271;

B. Awarding Spectrum damages adequate to compensate Spectrum for HDS’s

infringement of the Asserted Patents, with pre-judgment and post-judgment interest and costs

under 35 U.S.C. § 284;

C. Ordering HDS to account for all gains, profits, and advantages derived by HDS’s

infringement of the Asserted Patents in violation of 35 U.S.C. § 271, and to pay Spectrum all

damages suffered by Spectrum and/or HDS’s total profits from such infringement under

35 U.S.C. § 289;

D. Adjudging HDS’s infringement of the Asserted Patents to be willful;

E. Awarding Spectrum enhanced damages up to three times the actual amount

assessed under 35 U.S.C. § 284;

F. Declaring this case exceptional and awarding Spectrum its reasonable attorneys’

fees under 35 U.S.C. § 285;

G. Granting a preliminary and permanent injunction enjoining HDS, its employees,

agents, officers, directors, attorneys, successors, affiliates, subsidiaries, and assigns, and all of

those in active concert and participation with any of the foregoing persons or entities from

infringing the Asserted Patents; and,

H. Awarding further relief this Court deems just and proper.

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Respectfully submitted,

Dated: May 7, 2018 s/Patrick Clunk

Jay Campbell (0041293)
Patrick Clunk (0083650)
Marissa Ennis (0095289)
TUCKER ELLIS LLP
950 Main Avenue
Suite 1100
Cleveland, OH 44113-7213
Telephone: 216.592.5000
Facsimile: 216.592.5009
E-mail: jay.campbell@tuckerellis.com
patrick.clunk@tuckerellis.com
marissa.ennis@tuckerellis.com

Attorneys for Plaintiff Spectrum Diversified

Designs, LLC

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DEMAND FOR JURY TRIAL

Plaintiff Spectrum Diversified Designs, LLC, hereby demands a trial by jury on all issues

so triable.

Respectfully submitted,

Dated: May 7, 2018 s/Patrick Clunk

Jay Campbell (0041293)
Patrick Clunk (0083650)
Marissa Ennis (0095289)
Tucker Ellis LLP
950 Main Avenue
Suite 1100
Cleveland, OH 44113-7213
Tel: 216.592.5000
Fax: 216.592.5009
E-mail: jay.campbell@tuckerellis.com
patrick.clunk@tuckerellis.com
marissa.ennis@tuckerellis.com

Attorneys for Plaintiff Spectrum Diversified

Designs, LLC

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3742759.1
 Case: 5:18-cv-01056 Doc #: 1-1 Filed: 05/07/18 1 of 3. PageID #: 13
JS 44 (Rev. 08/16) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

Spectrum Diversified Designs, LLC HDS Trading Corp.

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

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Jay Campbell (0041293), Patrick Clunk (0083650), Marissa Ennis
(0095289); Tucker Ellis LLP, 950 Main Ave., Ste. 1100, Cleveland, OH
44113; 216-592-5000
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State

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

Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 840 Trademark ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud Act ’ 862 Black Lung (923) ’ 490 Cable/Sat TV
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) ’ 850 Securities/Commodities/
’ 190 Other Contract Product Liability ’ 380 Other Personal Relations ’ 864 SSID Title XVI Exchange
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 890 Other Statutory Actions
’ 196 Franchise Injury ’ 385 Property Damage ’ 751 Family and Medical ’ 891 Agricultural Acts
’ 362 Personal Injury - Product Liability Leave Act ’ 893 Environmental Matters
Medical Malpractice ’ 790 Other Labor Litigation ’ 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 791 Employee Retirement FEDERAL TAX SUITS Act
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: Income Security Act ’ 870 Taxes (U.S. Plaintiff ’ 896 Arbitration
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee or Defendant) ’ 899 Administrative Procedure
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act/Review or Appeal of
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 Agency Decision
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 950 Constitutionality of
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION State Statutes
Employment Other: ’ 462 Naturalization Application
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration
Other ’ 550 Civil Rights Actions
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. 271
VI. CAUSE OF ACTION Brief description of cause:
Infringement of patent
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
05/07/2018 /s/Patrick Clunk
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

 Case: 5:18-cv-01056 Doc #: 1-1 Filed: 05/07/18 2 of 3. PageID #: 14
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO

I. Civil Categories: (Please check one category only).

1. ✔ General Civil
2. Administrative Review/Social Security
3. Habeas Corpus Death Penalty
*If under Title 28, §2255, name the SENTENCING JUDGE:

CASE NUMBER:
II. RELATED OR REFILED CASES. See LR 3.1 which provides in pertinent part: "If an action is filed or removed to this Court
and assigned to a District Judge after which it is discontinued, dismissed or remanded to a State court, and
subsequently refiled, it shall be assigned to the same Judge who received the initial case assignment without regardfor
the place of holding court in which the case was refiled. Counsel or a party without counsel shall be responsible for
bringing such cases to the attention of the Court by responding to the questions included on the Civil Cover Sheet."

This action is RELATED to another PENDING civil case. This action is REFILED pursuant to LR 3.1.

If applicable, please indicate on page 1 in section VIII, the name of the Judge and case number.

III. In accordance with Local Civil Rule 3.8, actions involving counties in the Eastern Division shall be filed at any of the
divisional offices therein. Actions involving counties in the Western Division shall be filed at the Toledo office. For the
purpose of determining the proper division, and for statistical reasons, the following information is requested.

ANSWER ONE PARAGRAPH ONLY. ANSWER PARAGRAPHS 1 THRU 3 IN ORDER. UPON FINDING WHICH
PARAGRAPH APPLIES TO YOUR CASE, ANSWER IT AND STOP.

(1) Resident defendant. If the defendant resides in a county within this district, please set forth the name of such
county
COUNTY:
Corporation For the purpose of answering the above, a corporation is deemed to be a resident of that county in which
it has its principal place of business in that district.

(2) Non-Resident defendant. If no defendant is a resident of a county in this district, please set forth the county
wherein the cause of action arose or the event complained of occurred.
COUNTY:

(3) Other Cases. If no defendant is a resident of this district, or if the defendant is a corporation not having a principle
place of business within the district, and the cause of action arose or the event complained of occurred outside
this district, please set forth the county of the plaintiff's residence.
COUNTY:
Portage
IV. The Counties in the Northern District of Ohio are divided into divisions as shown below. After the county is
determined in Section III, please check the appropriate division.

EASTERN DIVISION

✔ AKRON (Counties: Carroll, Holmes, Portage, Stark, Summit, Tuscarawas and Wayne)
CLEVELAND (Counties: Ashland, Ashtabula, Crawford, Cuyahoga, Geauga, Lake,
Lorain, Medina and Richland)
YOUNGSTOWN (Counties: Columbiana, Mahoning and Trumbull)

WESTERN DIVISION

TOLEDO (Counties: Allen, Auglaize, Defiance, Erie, Fulton, Hancock, Hardin, Henry,
Huron, Lucas, Marion, Mercer, Ottawa, Paulding, Putnam, Sandusky, Seneca
VanWert, Williams, Wood and Wyandot)
JS 44 Reverse (Rev. 08/16) Case: 5:18-cv-01056 Doc #: 1-1 Filed: 05/07/18 3 of 3. PageID #: 15
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading 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. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.

V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.
 Case: 5:18-cv-01056 Doc #: 1-2 Filed: 05/07/18 1 of 2. PageID #: 16
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Case: 5:18-cv-01056 Doc #: 1-3 Filed: 05/07/18 1 of 4. PageID #: 18

Exhibit 1
Case: 5:18-cv-01056 Doc #: 1-3 Filed: 05/07/18 2 of 4. PageID #: 19
Case: 5:18-cv-01056 Doc #: 1-3 Filed: 05/07/18 3 of 4. PageID #: 20
Case: 5:18-cv-01056 Doc #: 1-3 Filed: 05/07/18 4 of 4. PageID #: 21
Case: 5:18-cv-01056 Doc #: 1-4 Filed: 05/07/18 1 of 5. PageID #: 22

Exhibit 2
Case: 5:18-cv-01056 Doc #: 1-4 Filed: 05/07/18 2 of 5. PageID #: 23
Case: 5:18-cv-01056 Doc #: 1-4 Filed: 05/07/18 3 of 5. PageID #: 24
Case: 5:18-cv-01056 Doc #: 1-4 Filed: 05/07/18 4 of 5. PageID #: 25
Case: 5:18-cv-01056 Doc #: 1-4 Filed: 05/07/18 5 of 5. PageID #: 26
Case: 5:18-cv-01056 Doc #: 1-5 Filed: 05/07/18 1 of 5. PageID #: 27

Exhibit 3
 Case: 5:18-cv-01056 Doc #: 1-5 Filed: 05/07/18 2 of 5. PageID #: 28
USOOD587073S

(12) United States Design Patent (10) Patent No.: US D587,073S

G00dman et al. (45) Date of Patent: Feb. 24, 2009
(54) NAPKIN HOLDER D433,286 S * 1 1/2000 Goodman et al. ............ D7,631
D479.272 S * 9/2003 Hardy et al. ................. D19,92
(75) Inventors: Sheldon H. Goodman, Solon, OH (US);
Omer I. Sazir, Cleveland, OH (US) * cited by examiner
73) Assignee:
Assi : Spectrum
Spect Diversified Designs,
Desi Inc. Primary Examiner Terry A Wallace
(73) Diversified Inc., (74) Attorney, Agent, or Firm Pearne & Gordon LLP
Streetsboro, OH (US)
(**) Term: 14 Years (57) CLAM
(21) Appl. No. 29/303,481 The ornamental design for a napkin holder, as shown and
described.
(22) Filed: Feb. 11, 2008 DESCRIPTION
(51) LOC (9) Cl. .................................................. O7-06 FIG. 1 is a perspective view of a napkin holder, showing our
(52) U.S. Cl
AV O - -- - - -- - - - -- -- - -- - - -- -- - -- -- - - -- - -- -- - - - -- - - -- -- - -- - - --
D7/631 eW desi
persp
n
p 9.
(58) Field of Classification Search .......... D7/631-635, 9.
D7704. DA74.7s.67 2,566. Dogs. FIG. 2 is a top plan view thereof.
D19/75, 77,78, 85, 86, 90,91, 92; 211/13.1, FIG. 3 is a left side elevational view thereof;
21 1/45, 43, 50, 51, 56, 59.2, 1811, 85.31 FIG. 4 is a front elevational view thereof
See application file for complete search history. FIG. 5 is a bottom plan view thereof;
(56) References Cited FIG. 6 is a perspective view of second embodiment of FIG. 1,
U.S. PATENT DOCUMENTS where the jagged lines show indeterminate length with a
M repeating number of similarly spaced cross members; and,
E. A E. All - - - - - - - - - - - - - - - - - - - - it. FIG. 7 is a perspective view of a third embodiment of FIG. 1,
4.930,642 A 6, 1990 Bal- - - - - - - - - - - - - - - - -31/853 where the jagged lines show indeterminate length with a
D315.925 s 4/1991 Rich - ------- --- -- D1992 repeating number of similarly space cross members.
D315,926 S * 4, 1991 Rich ........................... D19,92
D408,857 S ck 4, 1999 Trimm ........................ D19,75 1 Claim, 3 Drawing Sheets
 Case: 5:18-cv-01056 Doc #: 1-5 Filed: 05/07/18 3 of 5. PageID #: 29

U.S. Patent Feb. 24, 2009 Sheet 1 of 3 US D587,073S

 Case: 5:18-cv-01056 Doc #: 1-5 Filed: 05/07/18 4 of 5. PageID #: 30

U.S. Patent Feb. 24, 2009 Sheet 2 of 3 US D587,073S

 Case: 5:18-cv-01056 Doc #: 1-5 Filed: 05/07/18 5 of 5. PageID #: 31

U.S. Patent Feb. 24, 2009 Sheet 3 of 3 US D587,073S

Case: 5:18-cv-01056 Doc #: 1-6 Filed: 05/07/18 1 of 5. PageID #: 32

Exhibit 4
Case: 5:18-cv-01056 Doc #: 1-6 Filed: 05/07/18 2 of 5. PageID #: 33
Case: 5:18-cv-01056 Doc #: 1-6 Filed: 05/07/18 3 of 5. PageID #: 34
Case: 5:18-cv-01056 Doc #: 1-6 Filed: 05/07/18 4 of 5. PageID #: 35
Case: 5:18-cv-01056 Doc #: 1-6 Filed: 05/07/18 5 of 5. PageID #: 36
Case: 5:18-cv-01056 Doc #: 1-7 Filed: 05/07/18 1 of 4. PageID #: 37

Exhibit 5
Case: 5:18-cv-01056 Doc #: 1-7 Filed: 05/07/18 2 of 4. PageID #: 38
Case: 5:18-cv-01056 Doc #: 1-7 Filed: 05/07/18 3 of 4. PageID #: 39
Case: 5:18-cv-01056 Doc #: 1-7 Filed: 05/07/18 4 of 4. PageID #: 40
Case: 5:18-cv-01056 Doc #: 1-8 Filed: 05/07/18 1 of 4. PageID #: 41

Exhibit 6
 Case: 5:18-cv-01056 Doc #: 1-8 Filed: 05/07/18 2 of 4. PageID #: 42
USOOD747932S

(12) G00dman
United etStates
al.
Design Patent (10) Patent No.: US D747,932 S
(45) Date of Patent: ... Jan. 26, 2016

(54) BREAD BASKET (56) References Cited

U.S. PATENT DOCUMENTS
(71) Applicant: Spectrum Diversified Designs, Inc.,
Streetsboro, OH (US) D371,228 S * 6/1996 Monin ......................... D30,121
D586.558 S * 2/2009 Ziemann ... ... D3,304
(72) Inventors: Sheldon H. Goodman, Solon, OH (US); D608,599 S * 1/2010 Goodman . D7/6O1
Phaysouk Xayoiphonh, Akron, OH D616,253 S * 5/2010 Goodman . D7,601
D616,255 S * 5/2010 Goodman . D7,601
(US) D697.371 S * 1/2014 Goodman ...................... D3,306
(73) Assignee: Spectrum Diversified Designs, LLC, * cited by examiner
Streetsboro, OH (US) Primary Examiner — Terry Wallace
(74) Attorney, Agent, or Firm — Benesch Friedlander
(**) Term: 14 Years
Coplan & Aronoff LLP
(21) Appl. No.: 29/495,446 (57) CLAM
What is claimed is the ornamental design for a bread basket,
(22) Filed: Jul. 1, 2014 as shown and described.
(51) LOC (10) Cl. ................................................ O7-O1 DESCRIPTION
(52) U.S. C. FIG. 1 is a perspective view of a bread basket showing a new
USPC ............................................. D7/609; D7/601
design;
(58) Field of Classification Search
FIG. 2 is a top view of the bread basket of FIG. 1;
USPC ............ D7/601, 584,586, 587; D3/304,306; FIG. 3 is a front view of the bread basket of FIG. 1
220/574-575,485. 495: 211/1911, FIG. 4 is a side view of the bread basket of FIG. 1; and,
211/13.1, 41.3, 41.4, 85.4, 85.31 FIG. 5 is a bottom view of the bread basket of FIG. 1.
CPC ............... B65D 7/20: B65D 7/26: B65D 7/14
See application file for complete search history. 1 Claim, 2 Drawing Sheets
 Case: 5:18-cv-01056 Doc #: 1-8 Filed: 05/07/18 3 of 4. PageID #: 43

U.S. Patent Jan. 26, 2016 Sheet 1 of 2 US D747,932 S

FIG. 1
 Case: 5:18-cv-01056 Doc #: 1-8 Filed: 05/07/18 4 of 4. PageID #: 44

U.S. Patent Jan. 26, 2016 Sheet 2 of 2 US D747,932 S