Schmidt v. SGBX Global - Complaint

Case: 4:19-cv-02699 Doc.
#: 1 Filed: 10/03/19 Page: 1 of 10 PageID #: 1
IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CHRISTOPHER SCHMIDT )
)
Plaintiff, )
)
vs. ) Case No.
)
SGBX GLOBAL, INC. d/b/a )
BREKX, and d/b/a CHILLED DESIGNS )
Serve: Registered Agent )
Ronald E. Rucker, Esq. ) PLAINTIFF DEMANDS TRIAL
120 S. Central Avenue, #1800 ) BY JURY ON COUNT II ONLY
Clayton, MO 63105 )
and )
)
SPENCERGEAR )
Serve: Brett Spencer, Owner )
334 Selma Avenue )
Webster Groves, MO 63119 )
and )
)
BRETT SPENCER )
Serve At: 334 Selma Avenue )
and )
)
BLAKE SPENCER )
Serve At: 334 Selma Avenue )
)
Defendants. )
COMPLAINT
JURISDICTION AND VENUE
1. Count I of this action is a design patent infringement claim brought pursuant to 35
U.S.C. § 271, et seq. This Court has jurisdiction over Count I pursuant to 28 U.S.C. § 1331.
Count II of this action is brought pursuant to the common law of the State of Missouri, arising
1
Case: 4:19-cv-02699 Doc. #: 1 Filed: 10/03/19 Page: 2 of 10 PageID #: 2
from the same acts, occurrences and events as those in Count I. This Court has supplemental
jurisdiction over Count II, pursuant to 28 U.S.C. § 1367.
2. The unlawful infringement of Plaintiff’s design patent alleged herein was
committed in the Eastern District of the State of Missouri. Venue is proper before the Eastern
District of Missouri pursuant to 28 U.S.C. § 1391.
PARTIES
3. Plaintiff Christopher Schmidt is a male citizen of the United States and a resident
of St. Charles County, Missouri.
4. Defendant SGBX Global, Inc. d/b/a BrekX and d/b/a Chilled Designs was at all
times relevant herein a duly organized and registered corporation in the State of Missouri, having
an office for the transaction of its usual and customary business at 334 Selma Avenue, Webster
Groves, MO 63119, located in St. Louis County, Missouri. Defendant SGBX Global, Inc. was
incorporated on December 17, 2015.
5. Defendant SpencerGear was at all times relevant herein a registered fictitious
named business in the State of Missouri, having an office for the transaction of its usual and
customary business at 334 Selma Avenue, Webster Groves, MO 63119, located in St. Louis
County, Missouri. Defendant SpencerGear was registered on January 28, 2016.
6. Defendants Brent Spencer and Blake Spencer are brothers, and residents of St.
Louis County, State of Missouri. They were, and are, the owners and managers of Defendants
SGBX Global, Inc. d/b/a BrekX, and SpencerGear.
STATEMENT OF FACTS
7. On January 17, 2013, Plaintiff, through counsel, submitted an application to the
United States Patent and Trademark Office (hereinafter “USPTO”) for a design patent of a
2
product titled, “Insulated Container Sleeve”. The product is an insulated neoprene jacket which
beverage buckets are inserted into to preserve the coldness of ice and beverages within the
bucket, as well as preventing sweating of the bucket on surfaces. The neoprene jackets would
also allow the consumer of the product to advertise on the exterior of the sleeve, and/or decorate
and promote establishments or events.
8. On April 29, 2014, the USPTO granted Plaintiff’s design patent application. It
was assigned U.S. Patent Number: “US D703,492 S”. (Exhibit 1, attached hereto).
9. Pursuant to 35 U.S.C. § 173, Plaintiff’s design patent was in full force and effect
for a period of fourteen (14) years from the date granted by the USPTO.
10. Plaintiff gave his patented, prototype product to two (2) separate, very popular St.
Louis County sports bar and grills to allow them to see its benefits and use.
11. Thereafter, defying all reasonable odds of coincidence, Defendants began ordering
production of Plaintiff’s patented product in the country of China, without Plaintiff’s knowledge,
consent or notice. The only distinction between Plaintiff’s product and Defendants’ product is
that Defendants attached handles to the top of the bucket sleeve. (Exhibit 2, attached hereto).
12. Defendants began marketing and selling Plaintiff’s patented product throughout
the United States via multiple internet warehouse companies such as Overstock.com, Wayfair,
Etsy, as well as their own website.
13. As of December 2018, Defendants marketed their product on their own website
with a picture and characterization of, “BREKX Don’t Sweat It Insulated Patriotic Neoprene
Beverage Bucket”. That product, as of that date, was marketed for purchase at $14.99. They
also sold it in a pattern of damask on the exterior or just plain.
3
14. Nationwide, Defendants marketed their product for retail sale on Amazon -
$17.00; Etsy - $15.00; Overstock - $25.49; Wayfair - $16.99; and Fishpond - $50.87.
15. In December 2018, Plaintiff ordered his product from these internet warehouses.
When they were received, each was sent to his residence from Defendants’ location of 334 Selma
Drive, Webster Groves, Missouri. On each bucket sleeve, Defendants have sewn into the
exterior of the jacket, “BREKX”.
16. On December 3, 2018, Plaintiff contacted the BREKX office in Webster Groves
inquiring about his product, and spoke to a sales representative by the name of Julie Milberg.
The sales representative informed Plaintiff that the product is produced in China, and that a
minimum order of 500 would be required for any purchase of an exterior design type for which
they did not presently have in-stock. On that phone call, the sales representative told Plaintiff the
only remaining type they had in-stock was the “patriotic”.
17. As of August 1, 2019, the Defendants collectively continue to advertise and sell
Plaintiff’s product throughout the United States in violation of Plaintiff’s design patent.
COUNT I
Design Patent Infringement
(Against All Defendants)
18. Plaintiff hereby incorporates by reference paragraphs 1 through 17, as though fully
set forth herein.
19. Since April 29, 2014, Plaintiff has at all times maintained a valid patent for his
“Insulated Container Sleeve”, prohibiting others from making, using, or offering for sale, the
same or similar product.
4
20. Defendants, individually and collectively, have violated Plaintiff’s exclusive
patent by ordering its manufacture in the country of China, advertising its sale throughout the
United States, and actually profiting from its sale throughout the United States.
21. Pursuant to 35 U.S.C. § 283, Plaintiff is requesting a permanent injunction
directing Defendants to cease all manufacturing, advertising and sales of his product. 1
22. Pursuant to 35 U.S.C. § 289, Plaintiff is entitled to the total profits earned by
Defendants, and prejudgment interest on that amount.
23. Pursuant to 35 U.S.C. § 285, Plaintiff seeks the recovery of statutory attorney’s
fees, and costs of court.
WHEREFORE, Plaintiff respectfully requests this Court to enter judgment in his favor,
and against Defendants, jointly and severally, for a permanent injunction directing Defendants to
cease all manufacturing, advertising and sales of his product; ordering payment of all total profits
earned by Defendants; prejudgment interest; statutory attorney’s fees, and costs of court.
COUNT II
Conversion – Violation of Missouri Common Law
(Against All Defendants)
24. Plaintiff hereby incorporates by reference paragraphs 1 through 17, as though fully
set forth herein.
25. Since April 29, 2014, Plaintiff has at all times maintained a valid patent for his
“Insulated Container Sleeve”, prohibiting others from making, using, or offering for sale, the
same or similar product.
1
Section 283 contemplates the remedies of both preliminary and permanent injunctions. Here, however, Defendants
were provided notice of this lawsuit on August 28, 2019. They have since removed all advertisements of Plaintiff’s
product from internet sales. Plaintiff is therefore only seeking a permanent injunction, at this time, which can be
taken with the merits of the case.
5
26. Defendants, jointly and severally, have exercised control of Plaintiff’s patent by
manufacturing, advertising and selling Plaintiff’s product. 2
27. As a direct and proximate result of the Defendants’ conversion, Plaintiff has
suffered actual damages from the sale of his insulated container sleeve’s profits, and incurred the
costs of pursuing this action. 3
28. The conduct of Defendants’ conversion was intentional, willful and committed
with deliberate indifference or reckless disregard for the rights of Plaintiff, thereby entitling
Plaintiff to punitive damages.
WHEREFORE, Plaintiff respectfully requests this Court to enter judgment in his favor,
and against Defendants, jointly and severally, for actual damages to be determined at trial,
prejudgment interest, punitive damages, and such other and further relief as this Court deems just
and proper.
Respectfully submitted,
THE BAGSBY LAW FIRM
/s/ Larry A. Bagsby

Larry A. Bagsby, #37296
Attorney for Plaintiff
125 North Main Street, Suite 204
St. Charles, MO 63301
(636) 244-5595 telephone
(636) 244-5596 facsimile
larrybagsby@aol.com
2
Under the Missouri common law claim of conversion, the claim has long been recognized as protecting schematic
drawings such as Plaintiff’s insulated container sleeve. Colton, McMichael, Lester, Auman, Visnovske, Inc. v. Al
Mueller and Park Place South, Inc., 896 S.W.2d 741 (Mo.App. 1995).
3
A Missouri conversion claim is a strict liability tort, a defendant’s knowledge or intention is irrelevant – neither
good faith, nor bad faith, ignorance or mistake is a defense. Coffman v. Faulkner, 591 S.W.2d 23 (Mo.App. ED
1979).
6
PLAINTIFF'S
EXHIBIT
j_
.·Patent . S D703,49Z S
bltes Desi n<J) Pab:tlt ~:
.•·~ 201
' mdt (4$) of'l1atenl:
-·-..-..-,.
-- . ----·
) .INl) l.llttl) .. .BRYK a
{i'J J\pPl' · : ~fllMI'
U.S. PA'ffiNT DOC'IIUS~
u.·~
71.J l l ' I ~'
·-} 1i
flt} Appl. Ni! : ~ i - 1
UY
PLAINTIFF'S
EXHIBIT
~
Case: 4:19-cv-02699 Doc. #: 1-1 Filed: 10/03/19 Page: 1 of 2 PageID #: 11
JS 44 (Rev. 07/16) 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
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(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)
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)
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. Section 271
VI. CAUSE OF ACTION Brief description of cause:
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
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
Print Save As... Reset

JS 44 Reverse (Rev. 07/16)
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 the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
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.
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI
Christopher Schmidt )
)
)
Plaintiff, )
)
v. ) Case No.
SGBX Global, Inc., Spencergear, )
Brett Spencer, Blake Spencer )
)
Defendant, )
)
ORIGINAL FILING FORM
THIS FORM MUST BE COMPLETED AND VERIFIED BY THE FILING PARTY

WHEN INITIATING A NEW CASE.
D THIS SAME CAUSE, OR A SUBSTANTIALLY EQUIVALENT COMPLAINT, WAS
PREVIOUSLY FILED IN THIS COURT AS CASE NUMBER _ _ _ _ _ __
AND ASSIGNED TO THE HONORABLE JUDGE _ _ _ _ _ _ _ _ _ __
D THIS CAUSE IS RELATED, BUT IS NOT SUBSTANTIALLY EQUIVALENT TO ANY
PREVIOUSLY FILED COMPLAINT. THE RELATED CASE NUMBER IS _ _ _ _ _ _ _ _ AND
THAT CASE WAS ASSIGNED TO THE HONORABLE _ _ _ _ _ _ _ _ _. THIS CASE MAY,
THEREFORE, BE OPENED AS AN ORIGINAL PROCEEDING.
NEITHER THIS SAME CAUSE, NOR A SUBSTANTIALLY EQUIVALENT
COMPLAINT, HAS BEEN PREVIOUSLY FILED IN THIS COURT, AND THEREFORE
MAY BE OPENED AS AN ORIGINAL PROCEEDING.
The undersigned affirms that the information provided above is true and correct.
ResetCase: 4:19-cv-02699 Doc. #: 1-3 Filed: 10/03/19 Page: 1 of 1 PageID #: 14
AO 399 (01/09) Waiver of the Service of Summons

for the
Eastern District
__________ DistrictofofMissouri
__________
)
Plaintiff )
v. ) Civil Action No.
)
Defendant )
WAIVER OF THE SERVICE OF SUMMONS
To:
(Name of the plaintiff’s attorney or unrepresented plaintiff)
I have received your request to waive service of a summons in this action along with a copy of the complaint,
two copies of this waiver form, and a prepaid means of returning one signed copy of the form to you.
I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case.
I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s
jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service.
I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within
60 days from , the date when this request was sent (or 90 days if it was sent outside the
United States). If I fail to do so, a default judgment will be entered against me or the entity I represent.
Date:
Signature of the attorney or unrepresented party
Printed name of party waiving service of summons Printed name
Address
E-mail address
Telephone number
Duty to Avoid Unnecessary Expenses of Serving a Summons
Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summons
and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff located in
the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure.
“Good cause” does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has
no jurisdiction over this matter or over the defendant or the defendant’s property.
If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of
a summons or of service.
If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff
and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served.

for the
Eastern District
__________
)
Plaintiff )
)
Defendant )
To:
Date:
Address
E-mail address
Telephone number

for the
Eastern District
__________
)
Plaintiff )
)
Defendant )
To:
Date:
Address
E-mail address
Telephone number

for the
Eastern District
__________
)
Plaintiff )
)
Defendant )
To:
Date:
Address
E-mail address
Telephone number

Schmidt v. SGBX Global - Complaint

Hochgeladen von

Dokumentinformationen

Originalbeschreibung:

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

Schmidt v. SGBX Global - Complaint

Hochgeladen von

Copyright:

Verfügbare Formate

Case: 4:19-cv-02699 Doc.

#: 1 Filed: 10/03/19 Page: 1 of 10 PageID #: 1

IN THE UNITED STATES DISTRICT COURT

JURISDICTION AND VENUE

1. Count I of this action is a design patent infringement claim brought pursuant to 35

jurisdiction over Count II, pursuant to 28 U.S.C. § 1367.

2. The unlawful infringement of Plaintiff’s design patent alleged herein was

District of Missouri pursuant to 28 U.S.C. § 1391.

of St. Charles County, Missouri.

incorporated on December 17, 2015.

5. Defendant SpencerGear was at all times relevant herein a registered fictitious

County, Missouri. Defendant SpencerGear was registered on January 28, 2016.

SGBX Global, Inc. d/b/a BrekX, and SpencerGear.

7. On January 17, 2013, Plaintiff, through counsel, submitted an application to the

and promote establishments or events.

Etsy, as well as their own website.

also sold it in a pattern of damask on the exterior or just plain.

exterior of the jacket, “BREKX”.

only remaining type they had in-stock was the “patriotic”.

set forth herein.

same or similar product.

20. Defendants, individually and collectively, have violated Plaintiff’s exclusive

21. Pursuant to 35 U.S.C. § 283, Plaintiff is requesting a permanent injunction

Defendants, and prejudgment interest on that amount.

fees, and costs of court.

set forth herein.

same or similar product.

manufacturing, advertising and selling Plaintiff’s product. 2

costs of pursuing this action. 3

Plaintiff to punitive damages.

/s/ Larry A. Bagsby

I. (a) PLAINTIFFS DEFENDANTS

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

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

Print Save As... Reset

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

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

UNITED STATES DISTRICT COURT

ORIGINAL FILING FORM

THIS FORM MUST BE COMPLETED AND VERIFIED BY THE FILING PARTY

D THIS SAME CAUSE, OR A SUBSTANTIALLY EQUIVALENT COMPLAINT, WAS

PREVIOUSLY FILED IN THIS COURT AS CASE NUMBER _ _ _ _ _ __

AND ASSIGNED TO THE HONORABLE JUDGE _ _ _ _ _ _ _ _ _ __

D THIS CAUSE IS RELATED, BUT IS NOT SUBSTANTIALLY EQUIVALENT TO ANY

PREVIOUSLY FILED COMPLAINT. THE RELATED CASE NUMBER IS _ _ _ _ _ _ _ _ AND

THAT CASE WAS ASSIGNED TO THE HONORABLE _ _ _ _ _ _ _ _ _. THIS CASE MAY,

THEREFORE, BE OPENED AS AN ORIGINAL PROCEEDING.

NEITHER THIS SAME CAUSE, NOR A SUBSTANTIALLY EQUIVALENT

COMPLAINT, HAS BEEN PREVIOUSLY FILED IN THIS COURT, AND THEREFORE

MAY BE OPENED AS AN ORIGINAL PROCEEDING.

AO 399 (01/09) Waiver of the Service of Summons

UNITED STATES DISTRICT COURT

WAIVER OF THE SERVICE OF SUMMONS

Printed name of party waiving service of summons Printed name

Duty to Avoid Unnecessary Expenses of Serving a Summons

AO 399 (01/09) Waiver of the Service of Summons

UNITED STATES DISTRICT COURT

WAIVER OF THE SERVICE OF SUMMONS

Printed name of party waiving service of summons Printed name

Duty to Avoid Unnecessary Expenses of Serving a Summons

AO 399 (01/09) Waiver of the Service of Summons

UNITED STATES DISTRICT COURT