V. Kaitlyn Pan Group - Complaint

Case 2:20-cv-00934 Document 1 Filed 06/18/20 Page 1 of 36
6
UNITED STATES DISTRICT COURT
7 WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
8
AMAZON.COM, INC., a Delaware corporation;
9 and VALENTINO S.P.A., an Italian corporation,
No.
10
Plaintiffs, COMPLAINT FOR DAMAGES
11 AND EQUITABLE RELIEF
v.
12
KAITLYN PAN GROUP, LLC f/k/a/ “JANE’S
13
INTERNATIONAL TRADING, LLC”, a New
14 York limited liability corporation; HAO PAN, an
individual, and JOHN and/or JANE DOES 1-10,
15
Defendants.
16
17 I. INTRODUCTION
18 1. Valentino S.p.A. (“Valentino”) is a legendary luxury fashion brand. Since 1960,
19 Valentino has been synonymous with high fashion apparel and merchandise worn by the well-
20 dressed and fashionistas and beloved and endorsed by countless movie stars and celebrities.
21 Valentino is an acknowledged industry leader, recognized for unique and innovative styling,
22 high-quality materials, and outstanding craftsmanship. Its products have gained a reputation for
23 their quality and bold style.
24 2. Among Valentino’s most popular and recognizable products are its Rockstud
25 shoes, sold under the Valentino Garavani and Rockstud trademarks, which feature metallic,
26 three-dimensional, pyramid-shaped studs on heels, ballet flats, mules, and sandals. The
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COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
1 Davis Wright Tremaine LLP
L AW O FFICE S
4845-0427-1808v.1 0051461-001134 920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
206.622.3150 main · 206.757.7700 fax
1 distinctive studs and their configuration and placement in the shoe design is unique to Valentino,
2 well-known, and instantly recognized by consumers as a symbol of Valentino’s high-quality
3 products, reputation, and goodwill. Since launching in 2010, Valentino Garavani Rockstud
4 shoes have been in consistent demand in the United States and around the world and have been
5 photographed on countless celebrities while earning extensive critical review and acclaim.
6 Within five years of introducing the Rockstud shoes, Valentino’s revenues doubled.
7 3. Since opening its virtual doors on the World Wide Web in July 1995,
8 Amazon.com, Inc. (“Amazon”) has worked hard to build and maintain customer trust, striving to
9 be the world’s most customer-centric company. Each day, millions of consumers use Amazon’s
10 store to purchase a wide range of products across dozens of product categories from Amazon and
11 third-party sellers.
12 4. Amazon invests significant resources and effort into building and preserving its
13 customers’ trust. To protect consumers and preserve the integrity of the Amazon store, Amazon
14 has robust policies and highly developed fraud detection systems to prevent third-party bad
15 actors from selling counterfeit products in Amazon’s store. When Amazon discovers that a bad
16 actor is attempting to violate Amazon’s anti-counterfeiting policies, it takes immediate action to
17 remove the bad actor from the store and, in appropriate cases, to permanently enjoin the bad
18 actor from future sales through court orders.

19 5. Valentino’s distinctive and bestselling Rockstud designs have been the subject of
20 frequent copying by those attempting to capitalize on Valentino’s success. Two of these
21 imitators are Kaitlyn Pan Group, LLC and Hao Pan (collectively “Defendants”), who introduced
22 a line of shoes that blatantly copy the iconic look and design of Valentino Garavani Rockstud
23 shoes, infringing Valentino’s trademark and design patents. Defendants advertise and sell the
24 infringing products through their website www.kaitlynpan.com, without Valentino’s
25 authorization and in violation of Valentino’s valuable intellectual property (“IP”) rights.
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1 Defendants also operated a selling account on Amazon’s online store through which they
2 unlawfully advertised and sold infringing shoes.
3 6. Defendants’ unlawful copying and infringement of Valentino Garavani Rockstud
4 shoe designs is knowing and willful, and continues despite Valentino’s cease-and-desist letter to
5 Defendants, as well as notice from Amazon to Defendants of certain of Valentino’s claims.
6 7. As a result of their illegal actions, Defendants have infringed and misused
7 Valentino’s IP; willfully deceived Amazon and its customers; attempted to compromise the
8 integrity of Amazon’s store, which risked undermining the trust that customers place in Amazon
9 and Valentino; tarnished Amazon’s and Valentino’s brands and reputations; and harmed Amazon
10 and Valentino and their customers. Additionally, Defendants’ illegal actions have caused
11 Amazon and Valentino to expend significant resources to investigate and combat Defendants’
12 wrongdoing and to bring this lawsuit to prevent Defendants from inflicting further and continued
13 harm on Amazon, Valentino, and their customers.
14 8. Defendants’ illegal actions as described below breached numerous provisions of
15 Amazon’s Business Solutions Agreement (“BSA”), which entitles Amazon to injunctive relief to
16 stop Defendants from infringing and misusing Valentino’s IP and to prevent them from selling
17 their infringing products. Defendants’ actions also constitute trademark infringement and
18 counterfeiting and unfair competition under the Lanham Act, 15 U.S.C. § 1114 and § 1125,
19 design patent infringement under 35 U.S.C. § 271, and unfair competition under the common law
20 of Washington, for which Amazon and Valentino seek various forms of damages and equitable
21 relief.
22 II. THE PARTIES
23 9. Amazon is a Delaware corporation with its principal place of business in Seattle,
24 Washington. Through its subsidiaries, Amazon owns and operates the Amazon.com website,
25 equivalent international websites, and Amazon stores.
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1 10. Valentino is an Italian corporation with its principal place of business in Milan,
2 Italy. Valentino is the owner of several patented designs and a trademark used in connection
3 with its Rockstud shoe products. Valentino and its licensees, authorized distributors, and
4 affiliates are the sole and exclusive distributors in the United States of women’s shoes bearing
5 the protected Rockstud designs and trademark.
6 11. On information and belief, Defendant Kaitlyn Pan Group, LLC, formerly known
7 as Jane International, LLC, is a New York entity with its principal place of business at 1967
8 Wehrle Drive, Ste 1, Buffalo, New York 14221-8452. On further information and belief,
9 Defendant Kaitlyn Pan Group, LLC personally participated in and/or had the right and ability to
10 supervise, direct, and control the wrongful conduct alleged in this Complaint, and derived a
11 direct financial benefit as a result of that wrongful conduct.
12 12. On information and belief, Defendant Hao Pan is either an individual who resides
13 in New York or is an alter ego of Defendant Kailyn Pan Group, LLC. On further information
14 and belief, Hao Pan personally participated in and/or had the right and ability to supervise, direct,
15 and control the wrongful conduct alleged in this Complaint, and derived a direct financial benefit
16 from that wrongful conduct.
17 13. On information and belief, Defendants John and/or Jane Does 1-10 (the “Doe
18 Defendants”) are individuals and entities working in active concert to knowingly and willfully
19 manufacture, import, distribute, offer for sale, and sell infringing products.
20 III. JURISDICTION AND VENUE
21 14. The Court has subject matter jurisdiction over Valentino’s claims for trademark
22 infringement and counterfeiting under 15 U.S.C. § 1121 (action arising under Lanham Act); 28
23 U.S.C. § 1331 (federal question); and subject matter jurisdiction over Valentino’s claims for
24 patent infringement under 28 U.S.C. § 1338(a) (any Act of Congress relating to patents or
25 trademarks).
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1 15. The Court has jurisdiction over Amazon’s breach of contract claim pursuant to 28
2 U.S.C. § 1332 (diversity) and/or 28 U.S.C. § 1367 (supplemental jurisdiction).
3 16. The Court has personal jurisdiction over Defendants because they transacted
4 business and committed tortious acts within and directed to the State of Washington, and
5 Amazon’s and Valentino’s claims arise from those activities. Defendants reached out to do
6 business with Washington residents by operating commercial, interactive internet storefronts
7 through which Washington residents could purchase products that infringed Valentino’s IP.
8 Defendants targeted sales to Washington residents by operating these internet storefronts that
9 (i) offered shipping throughout the United States, including Washington; and (ii) sold infringing
10 products to residents of Washington. Defendants are committing tortious acts in Washington and
11 have wrongfully caused Amazon and Valentino substantial injury in Washington.
12 17. Further, on March 25, 2015, Defendants entered into the BSA with Amazon for
13 their selling account, stipulating that the “Governing Court” for claims to enjoin infringement of
14 IP is state or federal court in King County, Washington.
15 18. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) because a
16 substantial part of the events giving rise to the claims occurred in the Western District of
17 Washington, and because the BSA explicitly rests venue in this District.
18 19. Pursuant to Local Civil Rule 3(e), intra-district assignment to the Seattle Division
19 is proper because the claims arose in this Division, where (a) Amazon resides, (b) injuries giving
20 rise to suit occurred, and (c) Defendants directed their unlawful conduct.
21 IV. FACTS
22 A. Amazon’s Significant Efforts to Prevent the Sale of Counterfeit
and Infringing Goods
23
24 20. Since opening its virtual doors on the World Wide Web in July 1995,
25 Amazon.com has worked hard to build and maintain customer trust, striving to be the world’s
26 most customer-centric company. Each day, consumers use Amazon’s store to purchase a wide
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1 range of products across dozens of product categories from Amazon and third-party sellers.
2 Amazon recognizes that customer trust is hard to win and easy to lose, so Amazon invests
3 significant resources and effort into building and preserving its customers’ trust.
4 21. Amazon works hard to build a reputation as a store where customers can
5 conveniently select from a wide array of authentic goods and services at competitive prices.
6 Amazon invests significant effort and resources to ensure that when a customer makes a
7 purchase through Amazon’s stores—either directly from Amazon or from one of its millions of
8 third-party sellers—they will receive authentic products made by the true manufacturer of those
9 products.
10 22. A small number of bad actors seek to abuse that trust by attempting to create
11 Amazon Selling Accounts and trying to use Amazon’s store to market, sell, and distribute
12 counterfeit or infringing goods. These bad actors seek to misuse and infringe the trademarks and
13 other IP of the actual manufacturer or rights owner of those goods to deceive consumers and
14 Amazon. The unlawful and expressly prohibited sale of counterfeit goods in Amazon’s store
15 threatens to undermine the trust that customers, sellers, and manufacturers place in Amazon, and
16 tarnishes Amazon’s brand and reputation, thereby causing irreparable reputational harm.
17 23. Amazon prohibits the sale of inauthentic and infringing products and is constantly
18 innovating on behalf of its customers and working with brands, manufacturers, rights owners,
19 and others to improve the ways it detects and prevents counterfeit products from being sold to
20 consumers. Amazon employs dedicated teams of software engineers, research scientists,
21 program managers, and investigators to operate and continually refine its anti-counterfeiting
22 program. Among other things, when sellers register to sell products through Amazon’s store,
23 Amazon’s automated systems scan information about the sellers for indicia that the prospective
24 sellers might be bad actors, and Amazon blocks bad actors during registration before they can
25 offer any products for sale.
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1 24. Amazon’s systems automatically and continuously scan thousands of variables
2 related to sellers, products, and offers to detect activity that indicates products might be
3 counterfeits offered by a bad actor. Amazon uses innovative machine learning to improve its
4 automated systems in order to anticipate and outwit bad actors. Numerous Amazon investigators
5 around the world respond quickly to review any listing identified as a potential counterfeit
6 product. These investigators also review notices of claimed infringement from rights owners,
7 who are most familiar with their products. When Amazon determines a product offered for sale
8 is a counterfeit, it removes the product immediately. Amazon regularly suspends or blocks bad
9 actors suspected of engaging in illegal behavior or infringing others’ IP rights.
10 25. Amazon also listens to signals and feedback from customers, rights owners,
11 regulators, and its selling partners to help identify and swiftly remove bad listings that make it
12 past the proactive controls. For example, Amazon continuously monitors the more than 45
13 million pieces of feedback it receives from customers each week. When Amazon detects issues
14 based on this feedback, it takes action to address the specific issues and uses the information to
15 improve its proactive controls to prevent issues from occurring in the first place.
16 26. Amazon also works closely with brands and rights owners to strengthen
17 protections for their brands on Amazon.com. Amazon continues to invest in improvements to its
18 tools with the goal of reducing invalid complaints by providing a self-guided, educational, and
19 streamlined reporting experience for rights owners.
20 27. Amazon also invests heavily in developing and continuously improving its
21 programs and tools to prevent counterfeiting. For example, in 2017, Amazon launched the
22 Amazon Brand Registry, which is free to any rights owner with a government-registered
23 trademark, regardless of their economic relationship with Amazon. Brand Registry delivers
24 automated brand protections that use machine learning to predict infringement and proactively
25 protect brands’ IP. Brand Registry also provides a powerful Report a Violation tool that allows
26 brands to search for and accurately report potentially infringing products using state‐of-the‐art
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1 image search technology. More than 350,000 brands are enrolled in Brand Registry, and those
2 brands that do so are finding and reporting 99% fewer suspected infringements than before their
3 participation in Brand Registry. Indeed, Valentino is enrolled in Brand Registry, and its
4 participation has enabled Amazon to automatically block repeated efforts by bad actors to
5 infringe on Valentino’s intellectual property rights for its Rockstud shoes and other Valentino
6 products.
7 28. In 2018, Amazon launched Transparency, a product serialization service that
8 effectively eliminates counterfeits for enrolled products. Brands enrolled in Transparency can
9 apply a unique 2D code to every unit they manufacture, which allows Amazon, other retailers,
10 law enforcement, and customers to determine the authenticity of any Transparency-enabled
11 product, regardless of where the product was purchased. Since Transparency’s launch in 2018,
12 over 7,500 brands have enrolled, protecting over 25,000 products, and preventing over 400,000
13 counterfeit products from being sold.
14 29. In 2019, Amazon launched Amazon Project Zero, a program to empower brands
15 to help Amazon drive counterfeits to zero. Amazon Project Zero introduced a novel self-service
16 counterfeit removal tool that enables brands to remove counterfeit listings directly from Amazon
17 stores. This enables brands to take down listings on their own and have them removed from
18 Amazon stores within minutes. Since the program launched in 2019, over 9,000 brands have
19 enrolled.
20 30. In addition, Amazon partners with rights owners and law enforcement to identify
21 and prosecute bad actors suspected of engaging in illegal activity. Lawsuits like this one,
22 targeted directly at identified bad actors, further complement Amazon’s efforts to prevent the
23 sale and distribution of counterfeit and infringing goods.
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1 B. Valentino and Its Anti-Counterfeiting Efforts
2 31. For over fifty years, Valentino has been a cornerstone of the international fashion
3 scene, creating statement making ready-to-wear, evocative fragrances, and signature shoes and
4 handbags under the trademark Valentino Garavani.
5 32. Valentino sells its products to customers in a variety of ways, including through
6 more than nine branded designer boutiques in the United States, numerous high-end department
7 stores, including Neiman Marcus, Barneys, Saks, Nordstrom, Harvey Nichols, Macy’s,
8 Selfridge’s, and Bloomingdales, and other authorized third-party retailers, and its website,
9 www.valentino.com.
10 33. Valentino is the owner of an extensive intellectual property portfolio. Relevant to
11 this Complaint, Valentino owns a registered trademark for “ROCKSTUD,” Trademark
12 Registration No. 4362864, for use in connection with footwear, among other goods (the
13 “Valentino Trademark”). A true and correct copy of the registration certificate for the Valentino
14 Trademark reflecting Valentino’s ownership is attached as Exhibit A. Such right, title, and
15 interest includes, without limitation, the right to sue and receive damages for past, present, and
16 future trademark infringement and counterfeiting.
17 34. By way of assignment, Valentino is the owner of all rights, title, and interest in
18 and to United States Design Patent No. D818,249 for an ornamental design entitled “Shoe.”
19 Design Patent No. D818,249, a copy of which is attached as Exhibit B, was duly issued on
20 May 22, 2018, by the United States Patent and Trademark Office. Such right, title, and interest
21 includes, without limitation, the right to sue and receive damages for past, present, and future
22 patent infringement.
25 Design Patent No. D817,608, a copy of which is attached as Exhibit C, was duly issued on
26 May 15, 2018, by the United States Patent and Trademark Office. Such right, title, and interest
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3 36. By way of assignment, Valentino is the owner of all rights, title and interest in
5 Design Patent No. D779,796, a copy of which is attached as Exhibit D, was duly issued on
6 February 28, 2017, by the United States Patent and Trademark Office. Such right, title, and
8 future patent infringement.
11 Design Patent No. D835,895, a copy of which is attached as Exhibit E, was duly issued on
12 December 18, 2018, by the United States Patent and Trademark Office. Such right, title, and
14 future patent infringement.
17 Design Patent No. D812,354, a copy of which is attached as Exhibit F, was duly issued on
18 March 13, 2018, by the United States Patent and Trademark Office. Such right, title, and interest
23 Design Patent No. D852,473, a copy of which is attached as Exhibit G, was duly issued on
24 July 2, 2019, by the United States Patent and Trademark Office. Such right, title, and interest
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1 40. The design patents described in Paragraphs 33–39 are referred to collectively as
2 “Valentino’s Design Patents.”
3
U.S. Design Patent Valentino Design Patent
4
Registration
5 Number
D818,249
6
8 D817,608
9
10
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D779,796
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13
14
15
D835,895
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18 D812,354
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D852,473
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1 41. Valentino is committed to protecting consumers from counterfeit and infringing
2 products. Valentino regularly monitors websites for counterfeit and infringing products, and
3 works cooperatively with retailers and other entities around the world to combat the sale of
4 counterfeits. Partnering with Amazon in the shared goal to eradicate counterfeiting is a critical
5 part of Valentino’s strategy.
6 C. Defendants Created an Amazon Selling Account and Agreed Not to

Sell Counterfeit and Infringing Goods
7
8 42. Defendants established and operated an Amazon selling account, through which
9 they sought to advertise, market, sell, and distribute counterfeit Valentino Garavani Rockstud
10 shoes.
11 43. To become a third-party seller on Amazon’s website, sellers are required to agree
12 to the BSA, which governs the applicant’s access to and use of Amazon’s services and sets forth
13 Amazon’s rules and restrictions for selling through the website. By entering into the BSA, each
14 seller represents and warrants that it “will comply with all applicable Laws in [the] performance
15 of [its] obligations and exercise of [its] rights” under the BSA. A true and correct copy of the
16 BSA Defendants signed is attached as Exhibit H.
17 44. The BSA incorporates (and sellers therefore agree to be bound by) Amazon’s
18 Anti-Counterfeiting Policy, attached as Exhibit I, which explicitly prohibits the sale of

19 counterfeit goods in the Amazon store:
20  The sale of counterfeit products is strictly prohibited.

21  You may not sell any products that are not legal for sale, such
as products that have been illegally replicated, reproduced, or
22 manufactured
23  You must provide records about the authenticity of your
products if Amazon requests that documentation
24
Failure to abide by this policy may result in loss of selling
25 privileges, funds being withheld, destruction of inventory in our
fulfilment centers, and other legal consequences.
26
Id.
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1 45. Amazon’s Anti-Counterfeiting Policy further describes Amazon’s commitment to
2 preventing the sale and distribution of counterfeit goods in the Amazon store, and the
3 consequences Amazon imposes when it becomes aware of counterfeiting:
4  Sell Only Authentic and Legal Products. It is your

responsibility to source, sell, and fulfill only authentic products
5 that are legal for sale. Examples of prohibited products include:
6 o Bootlegs, fakes, or pirated copies of products or content
7 o Products that have been illegally replicated, reproduced, or
manufactured
8
o Products that infringe another party’s intellectual property
9 rights
10  Maintain and Provide Inventory Records. Amazon may request
that you provide documentation (such as invoices) showing the
11 authenticity of your products or your authorization to list them
for sale. You may remove pricing information from these
12 documents, but providing documents that have been edited in
any other way or that are misleading is a violation of this
13 policy and will lead to enforcement against your account.
14  Consequences of Selling Inauthentic Products. If you sell
inauthentic products, we may immediately suspend or
15 terminate your Amazon selling account (and any related
accounts), destroy any inauthentic products in our fulfillment
16 centers at your expense, and/or withhold payments to you.
17  Amazon Takes Action to Protect Customers and Rights
Owners. Amazon also works with manufacturers, rights
18 holders, content owners, vendors, and sellers to improve the
ways we detect and prevent inauthentic products from reaching
19 our customers. As a result of our detection and enforcement
activities, Amazon may:
20
o Remove suspect listings.
21
o Take legal action against parties who knowingly violate
22 this policy and harm our customers. In addition to criminal
fines and imprisonment, sellers and suppliers of inauthentic
23 products may face civil penalties including the loss of any
amounts received from the sale of inauthentic products, the
24 damage or harm sustained by the rights holders, statutory
and other damages, and attorney’s fees.
25
 Reporting Inauthentic Products. We stand behind the products
26 sold on our site with our A-to-z Guarantee, and we encourage
rights owners who have product authenticity concerns to notify
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us. We will promptly investigate and take all appropriate

1 actions to protect customers, sellers, and rights holders. You
may view counterfeit complaints on the Account Health page
2 in Seller Central.
3 Id.
4
46. By virtue of becoming a third-party seller on Amazon’s website, and establishing
5
a selling account, Defendants explicitly agreed to, and are bound by, the BSA (among other
6
agreements). Defendants thus agreed not to advertise, market, sell, or distribute counterfeit
7
products.
8
D. The Iconic Valentino Garavani Rockstud Shoe Collection
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47. In 2010, Valentino designers Maria Grazia Chiuiri and Pierpaolo Piccioli created
10
the Valentino Garavani Rockstud footwear collection, which rapidly grew into one of
11
Valentino’s most iconic and popular lines and quickly achieved renown with consumers, the
12
media and the footwear industry.
13
48. Since their debut in 2010, Valentino has continuously and extensively marketed,
14
promoted, and sold its Rockstud shoes, which are sold under the Valentino Garavani Trademark
15
and incorporate Valentino’s Design Patents. Indeed, the Rockstud shoes have been a mainstay
16
on store shelves for over a decade, highlighting their strength in the market and constant
17
profitability.
18
49. Valentino Garavani Rockstud shoes sold under the Valentino Trademark and
19
using Valentino’s Design Patents have been described as “one of the biggest footwear hits of the
20
last decade,” as holding a place in “the iconic accessories” hall of fame, and as one of “the most
21
iconic design accessories of all time.”1
22
1
23 Tied up, valentino style, Birmingham Mail (UK), 2017 WLNR 30459934, (Oct. 5, 2017);
Emma Akbareian, Sold out Valentino Rockstud shoes send company profits soaring, Independent
24 Online (June 1, 2015), https://www.independent.co.uk/life-style/fashion/news/valentino-
rockstud-shoes-send-company-profits-soaring-10289001.html; Milli Midwood, The Rise of the
25 Valentino Rockstud, The Luxury Closet (Oct. 21, 2015), https://blog.theluxurycloset.com/2015/
10/21/rise-valentino-rockstud/.
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1 50. Valentino has sold hundreds of million dollars’ worth of Rockstud shoes since
2 2010.
3 51. Within five years of introducing the Rockstud shoes, Valentino’s revenues
2
4 doubled.
5 52. Valentino Garavani Rockstud shoes currently retail between US$425.00 and
6 US$1,095.00, underscoring their exclusivity and high quality.
7 53. Valentino has invested millions of dollars in promoting the sales of its Rockstud
8 shoes in a wide variety of media.
9 54. Valentino Garavani Rockstud shoes have been heavily and widely promoted
10 throughout the United States and the world, featured by different media outlets, and worn by
11 countless celebrities appearing in magazines, social media, and news articles.
12 55. Valentino Garavani Rockstud shoes have been the subject of extensive third-
13 party press and unsolicited media coverage, such as in Vogue, Harper’s Bazaar, and the Wall
14 Street Journal.
15 56. In short, the media recognizes that “Valentino [Garavani] Rockstud shoes have
16 become a closet staple in every silhouette and shade since they first hit the scene in 2010. The
3
17 brand’s now signature extra is coveted by bloggers, editors and celebs alike . . . .”
18 57. As a result of Valentino’s extensive sales and advertising, its quality standards
19 and exclusivity of sales through Valentino and authorized distributors, as well as unsolicited
20 press and word of mouth, Valentino Garavani Rockstud shoes have come to symbolize
21 Valentino, its high-quality goods, and its reputation and goodwill.
22
23 2
Lauren Milligan, The Secret of Valentino’s Success Revealed, Vogue UK (May 29, 2015),
24 https://www.vogue.co.uk/article/valentino-rockstud-shoes-sell-out-accessories-sales-up; Harper’s
Bazaar Staff, The Secret of Valentino’s Success Revealed, Harper’s Bazaar (June 2, 2015),
25 https://www.harpersbazaar.com.sg/fashion/the-secret-of-valentinos-success-revealed/.
3
26 Harper’s Bazaar Staff, The Secret of Valentino’s Success Revealed, Harper’s Bazaar (June 2,
2015), https://www.harpersbazaar.com.sg/fashion/the-secret-of-valentinos-success-revealed/.
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1 58. Valentino has protected its innovative designs through a broad range of
2 intellectual property rights, including through trademarks and design patents issued by the
3 United States Patent and Trademark Office.
4 59. Valentino is the owner of the Valentino Trademark, which it uses in connection
5 with the sale of its iconic Rockstud footwear collection. See Exhibit A.
6 60. Valentino’s Design Patents cover the ornamental features of Valentino Garavani
7 Rockstud shoe designs.
8 61. The features covered by the Valentino Design Patents are not dictated by
9 function; rather, they are the product of aesthetic choices made by Valentino when it created the
10 designs.
11 E. Defendants’ Sale of Counterfeit and Infringing Products
12 62. Rather than innovate and develop their own shoe designs, Defendants chose to
13 copy the Valentino Trademark and Valentino’s Design Patents by selling to U.S. consumers
14 shoes that infringed Valentino’s IP rights through Amazon.com and their website,
15 www.kaitlynpan.com.
16 63. Defendants knowingly and willfully used the Valentino Trademark in connection
17 with the advertisement, marketing, distribution, offering for sale, and sale of counterfeit
18 Valentino products in the United States and Washington.

19 64. Defendants advertised, marketed, distributed, offered for sale, and sold the
20 following products under the Valentino Trademark:
21 Defendants’ Infringing Use of Defendants’ Infringing Product

the Valentino Trademark
22
23 Kaitlyn Pan RockStud Ballerina

Leather Flats
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Kaitlyn Pan RockStud Strappy

1 Ballerina Leather Flats
2
5
Kaitlyn Pan RockStud Slingback
6 High Heel Leather Pumps
7
10
Kaitlyn Pan RockStud Slingback
11 Kitten Heel Leather Pumps
12
13
14
15 Kaitlyn Pan Rockstud T-Strap Flat

Sandal
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65. Despite Defendants’ knowledge of Valentino’s Design Patents, Defendants
20
continued to advertise, market, distribute, offer for sale, and sell the below infringing products
21
that incorporate or embody Valentino’s Design Patents:
22
Valentino’s Design Valentino Garavani Shoe Defendants’
23 Patent Embodying Valentino’s Infringing Product
Design Patent
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5 66. The products identified in Paragraphs 64 and 65 are collectively referred to as the
6 “Infringing Products.” Each of these Infringing Products was sold using the Valentino
7 Trademark, or incorporated or embodied a Valentino Design Patent, or both.
8 67. Up and until September 25, 2019, Defendants continued to sell their Infringing
9 Products through Amazon.com that infringed and unfairly competed with Valentino’s authentic
10 shoes. Defendants to date continue to sell Infringing Products on the www.kaitlynpan.com
11 website.
12 68. In or around March 2019, Valentino conducted a test purchase from Defendants’
13 selling account of a product Defendants advertised as a “RockStud Slingback Leather Pump.”
14 Defendants used the Valentino Trademark to advertise the product, and the actual product bore
15 indications of Valentino’s brand. Valentino reviewed the product Defendants shipped and
16 determined that the product sold by Defendants is counterfeit.
17 69. In or around March 2019, Valentino conducted a test purchase from Defendants’
18 website, www.kaitlynpan.com, for a product advertised by Defendants as a “Studded Slingback
19 High Heel Pump.” The actual product embodied Valentino’s Design Patent No. D852,473, and
20 other indications of Valentino’s brand. Valentino reviewed the product Defendants shipped and
21 determined that the product sold by Defendants is counterfeit.
22 70. Defendants’ copying and infringing of the Valentino Trademark and Valentino
23 Design Patents is intentional and willful. Defendants’ sale of the Infringing Products has been
24 the subject of Valentino’s policing efforts, including multiple takedown notices sent to
25 Defendants, yet Defendants continue to import, distribute, sell, and offer for sale Infringing
26 Products.
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1 71. For example, on April 2, 2019, Valentino sent Defendants a letter putting
2 Defendants on notice of their infringing activities. A true and correct copy of that cease and
3 desist letter is attached hereto as Exhibit J. Defendant Hao Pan responded and identified
4 himself as the “Managing Member” of Kaitlyn Pan Group, LLC. Defendant Hao Pan, on behalf
5 of and as Kaitlyn Pan Group, LLC, agreed to remove some Infringing Products from Amazon
6 and Defendants’ website, but failed to do so.
7 72. Defendants’ bad faith is further evidenced by the trademark application Defendant
8 Kaitlyn Pan Group, LLC filed on September 10, 2019 for the word mark ROCK’N STUDS BY
9 KAITLYN PAN, Serial Number 88611397, for use in connection with “Footwear; shoes; boots;
10 handbags.” A true and correct copy of Defendant Kaitlyn Pan Group LLC’s trademark
11 application filed on September 10, 2019 is attached hereto as Exhibit K.
12 73. Defendant Kaitlyn Pan Group, LLC’s trademark application for ROCK’N STUDS
13 BY KAITLYN PAN fully incorporates the Valentino Trademark, and was filed after Defendants
14 received notice from Valentino of their infringing activities.
15 74. Defendants had full knowledge of Valentino’s prior exclusive rights, the
16 reputation and goodwill of the Valentino Trademark and the Valentino Design Patents, and that
17 those identifiers are associated exclusively with Valentino.
18 75. Defendants, without any authorization or license from Valentino, have knowingly
19 and willfully used the Valentino Trademark and to embody the designs in Valentino’s Design
20 Patents in connection with the importation, marketing, offering for sale, and sale of the
21 Infringing Products through the Internet.
22 76. Valentino has not licensed or authorized Defendants to import, market, offer for
23 sale, or sell products using the Valentino Trademark or embodying the designs in Valentino’s
24 Design Patents, or to use or exploit Valentino’s IP rights.
25 77. Defendants’ use of the Valentino Trademark and embodiment of the designs in
26 Valentino’s Design Patents in connection with importing, marketing, offering for sale, and sale
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1 of the Infringing Products is irrevocably harming Valentino, and unfairly and unlawfully wrests
2 from Valentino control over its reputation. Valentino has no adequate remedy at law.
3 F. Amazon and Valentino Shut Down Defendants’ Account
4 78. Despite repeated warnings from Amazon, Defendants continued to sell infringing
5 Valentino products.
6 79. Defendants also knowingly and willfully used Valentino’s IP in connection with
7 the advertisement, distribution, offering for sale, and sale of counterfeit Valentino products into
8 the United States and Washington over the Internet.
9 80. At all times, Defendants knew that the BSA prohibited the use of Amazon’s store
10 to distribute infringing goods. Defendants knowingly and intentionally breached the BSA by
11 marketing, selling, and distributing infringing goods in Amazon’s store.
12 81. Defendants have deceived Amazon’s customers and Amazon, infringed and
13 misused Valentino’s IP, and harmed the integrity of Amazon’s store and tarnished Amazon’s and
14 Valentino’s brands.
15 82. By virtue of becoming a third-party seller on Amazon’s website, and establishing
16 a selling account, Defendants explicitly agreed to, and are bound by, the BSA (among other
17 agreements). Defendants, therefore, agreed not to advertise, market, sell, or distribute counterfeit
18 products.
19 83. Defendants advertised, marketed, sold, and distributed counterfeit and infringing
20 products that infringed the Valentino Trademark and Valentino’s Design Patents. This conduct
21 violated the BSA.
22 84. Amazon, after receiving notice from Valentino, confirmed Defendants’ unlawful
23 sale of Infringing Products and blocked Defendants’ selling account. In doing so, Amazon
24 exercised its rights under the BSA to protect its customers, Valentino, and the integrity of its
25 store.
26
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1 85. In Amazon’s experience, however, it is not uncommon for bad actors who attempt
2 to sell counterfeit and infringing products and are blocked by Amazon to then attempt
3 fraudulently to create new selling identities to obtain access to the Amazon store. Thus, unless
4 Defendants and all of their affiliated and/or successor entities are immediately and permanently
5 enjoined from using Amazon’s store to sell goods, the harm Defendants caused to Amazon,
6 legitimate third-party manufacturers/sellers like Valentino, and consumers is likely to continue.
7 V. CAUSES OF ACTION
8 FIRST CAUSE OF ACTION
(by Valentino against all Defendants)
9 Trademark Infringement and Trademark Counterfeiting – 15 U.S.C. § 1114
10 86. Plaintiffs incorporate by reference the allegations of each and all of the preceding
11 paragraphs as though set forth herein.
12 87. Defendants’ activities constitute infringement and/or counterfeiting of the
13 Valentino Trademark as described in the paragraphs above.
14 88. Valentino advertises, markets, and distributes its products using the Valentino
15 Trademark described above and uses this trademark to distinguish its products from the products
16 and related items of others in the same or related fields.
17 89. Because of Valentino’s long, continuous, and exclusive use of the Valentino
18 Trademark identified in this complaint, it has come to mean, and is understood by customers and
19 the public to signify, products from Valentino.
20 90. Defendants unlawfully advertised and sold products bearing a counterfeit
21 trademark of Valentino. The infringing and/or counterfeiting materials that Defendants have and
22 continue to advertise, market, install, offer, and distribute are likely to cause confusion, mistake,
23 or deception as to their source, origin, or authenticity.
24 91. Further, Defendants’ activities are likely to lead the public to conclude,
25 incorrectly, that the infringing and/or counterfeiting materials that Defendants are advertising,
26
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1 marketing, offering, and/or distributing originate with or are authorized by Valentino, thereby
2 harming Valentino, its licensees, and the public.
3 92. At a minimum, Defendants acted with willful blindness to, or in reckless
4 disregard of, their authority to use the Valentino Trademark and the confusion that the use of that
5 trademark would have on consumers as to the source, sponsorship, affiliation or approval by
6 Valentino of the products using those trademarks.
7 93. As a result of Defendants’ wrongful conduct, Valentino is entitled to recover its
8 actual damages, Defendants’ profits attributable to the infringement and/or counterfeiting, and
9 treble damages and attorneys’ fees pursuant to 15 U.S.C. § 1117 (a) and (b). The amount of
10 money due from Defendants to Valentino is unknown to Valentino and cannot be ascertained
11 without a detailed accounting by Defendants of the precise number of units of counterfeit,
12 infringing material advertised, marketed, offered or distributed by Defendants. Alternatively,
13 Valentino is entitled to statutory damages under 15 U.S.C. § 1117(c).
14 94. Valentino is further entitled to injunctive relief, including an order impounding all
15 infringing and/or counterfeiting materials. Valentino has no adequate remedy at law for
16 Defendants’ wrongful conduct because, among other things: (a) the Valentino Trademark is
17 unique and valuable property that has no readily determinable market value; (b) Defendants’
18 infringement and/or counterfeiting constitutes harm to Valentino’s reputation and goodwill such
19 that Valentino could not be made whole by any monetary award; (c) if Defendants’ wrongful
20 conduct is allowed to continue, the public is likely to become further confused, mistaken, or
21 deceived as to the source, origin or authenticity of the infringing and/or counterfeiting materials;
22 and (d) Defendants’ wrongful conduct, and the resulting harm to Valentino, is continuing.
23 SECOND CAUSE OF ACTION

(by Valentino against Defendants)
24 Trademark Infringement as a form of Unfair Competition – 15 U.S.C. § 1125 et seq.
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1 96. Defendants’ activities constitute infringement of the Valentino Trademark as
2 described in the paragraphs above.
3 97. Valentino advertises, markets, and distributes its products using the Valentino
4 Trademark described above and uses this trademark to distinguish its products from the products
5 and related items of others in the same or related fields.
6 98. Because of Valentino’s long, continuous, and exclusive use of the Valentino
7 Trademark identified in this complaint, it has come to mean, and is understood by customers and
8 the public to signify, products from Valentino.
9 99. Defendants unlawfully advertised and sold products bearing a counterfeit
10 trademark of Valentino. The infringing materials that Defendants have and continue to advertise,
11 market, install, offer, and distribute are likely to cause confusion, mistake, or deception as to
12 their source, origin, or authenticity.
13 100. Further, Defendants’ activities are likely to lead the public to conclude,
14 incorrectly, that the infringing materials that Defendants are advertising, marketing, offering,
15 and/or distributing originate with or are authorized by Valentino, thereby harming Valentino, its
16 licensees, and the public.
17 101. At a minimum, Defendants acted with willful blindness to, or in reckless
18 disregard of, their authority to use the Valentino Trademark and the confusion that the use of that
19 trademark would have on consumers as to the source, sponsorship, affiliation or approval by
20 Valentino of the products using those trademarks.
21 102. As a result of Defendants’ wrongful conduct, Valentino is entitled to recover its
22 actual damages, Defendants’ profits attributable to the infringement, costs, and attorneys’ fees
23 pursuant to 15 U.S.C. § 1117(a). The amount of money due from Defendants to Valentino is
24 unknown to Valentino and cannot be ascertained without a detailed accounting by Defendants of
25 the precise number of units of counterfeit, infringing material advertised, marketed, promoted,
26 sold or distributed by Defendants.
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1 103. In addition, pursuant to 15 U.S.C. § 1118, Valentino is entitled to an order
2 requiring destruction of all Infringing Products and promotional materials in Defendants’
3 possession.
4 THIRD CAUSE OF ACTION

5 Infringement of U.S. Design Patent No. D818,249 – 35 U.S.C. § 271
8 105. Valentino is the owner of all rights, title, and interest in and to U.S. Design Patent
9 No. D818,249.
10 106. Defendants, without authorization from Valentino, have made, used, offered for
11 sale, sold, and/or imported into or in the United States, and continue to make, use, offer for sale,
12 sell, and/or import into or in the United States the Infringing Products which embody the design
13 covered by U.S. Design Patent No. D818,249.
14 107. U.S. Design Patent No. D818,249 is infringed by Defendants’ Infringing Products
15 because in the eye of an ordinary observer, Defendants’ design is substantially the same as the
16 claimed design in U.S. Design Patent No. D818,249.
17 108. By the foregoing acts, Defendants have infringed U.S. Design Patent No. D818,249
18 literally or under the doctrine of equivalents in violation of 35 U.S.C. §§ 271, et seq.

19 109. Defendants’ infringement is willful because it was and is done with knowledge of
20 U.S. Design Patent No. D818,249 and knowledge that their conduct is and was an infringement,
21 yet Defendants proceeded anyway.
22 110. Defendants continue to engage in infringing U.S. Design Patent No. D818,249 as
23 set forth above, and unless restrained and enjoined, Defendants will continue to do so, all to
24 Valentino’s irreparable damage.
25
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1 111. Valentino has suffered and will continue to suffer from the diversion of
2 customers, sales and revenues from Valentino to Defendants, as well as from the reduction of
3 goodwill associated by consumers with Valentino’s products.
4 112. Valentino does not have an adequate remedy at law.
5 113. Valentino seeks to recover all of Defendants’ infringing profits under 35 U.S.C.
6 § 289, a reasonable royalty and trebling of damages for willful infringement under 35 U.S.C.
7 § 284, as well as recovery of attorneys’ fees under 35 U.S.C. § 285.
8 114. Valentino seeks an order pursuant to 35 U.S.C. § 283 declaring that, by offering
9 to sell and by selling the Infringing Products, Defendants have infringed upon U.S. Design
10 Patent No. D818,249 and further restraining and enjoining Defendants from any additional
11 infringement.
12 FOURTH CAUSE OF ACTION

13 Infringement of U.S. Design Patent No. D817,608– 35 U.S.C. § 271
14
115. Plaintiffs incorporate by reference the allegations of each and all of the preceding
15
paragraphs as though set forth herein.
16
116. Valentino is the owner of all rights, title, and interest in and to U.S. Design Patent
17
No. D817,608.
18
117. Defendants, without authorization from Valentino, have made, used, offered for
19
sale, sold, and/or imported into or in the United States, and continue to make, use, offer for sale,
20
sell, and/or import into or in the United States the Infringing Products which embody the design
21
covered by U.S. Design Patent No. D817,608.
22
118. U.S. Design Patent No. D817,608 is infringed by Defendants’ Infringing Products
23
because in the eye of an ordinary observer, Defendants’ design is substantially the same as the
24
claimed design in U.S. Design Patent No. D817,608.
25
119. By the foregoing acts, Defendants have infringed U.S. Design Patent No. D817,608
26
literally or under the doctrine of equivalents in violation of 35 U.S.C. §§ 271, et seq.
27
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9 goodwill associated by consumers with Valentino’s Products.
15 to sell and by selling the Infringing Products Defendants, have infringed upon U.S. Design
17 infringement.
18 FIFTH CAUSE OF ACTION

23 No. D779,796.
26
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24 infringement.
25
26
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SIXTH CAUSE OF ACTION

1 (by Valentino against Defendants)
Infringement of U.S. Design Patent No. D835,895 – 35 U.S.C. § 271
2
3
4
5
No. D835,895.
6
7
8
9
10
11
12
13
14
15
142. Defendants’ infringement is willful because it was and is done with knowledge of
16
U.S. Design Patent No. D835,895 and knowledge that their conduct is and was an infringement,
17
yet Defendants proceeded anyway.
18
143. Defendants continue to engage in infringing U.S. Design Patent No. D835,895 as
19
set forth above, and unless restrained and enjoined, Defendants will continue to do so, all to
20
Valentino’s irreparable damage.
21
144. Valentino has suffered and will continue to suffer from the diversion of
22
customers, sales and revenues from Valentino to Defendants, as well as from the reduction of
23
goodwill associated by consumers with Valentino’s Products.
24
145. Valentino does not have an adequate remedy at law.
25
26
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7 infringement.
8 SEVENTH CAUSE OF ACTION

9 Infringement of U.S. Design Patent No. D812,354– 35 U.S.C. § 271
10
11
12
13
No. D812,354.
14
15
16
17
18
19
20
21
22
23
153. Defendants’ infringement is willful because it was and is done with knowledge of
24
U.S. Design Patent No. D812,354 and knowledge that their conduct is and was an infringement,
25
yet Defendants proceeded anyway.
26
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14 infringement.
15 EIGHTH CAUSE OF ACTION

20 No. D852,473.
25
26
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21 Patent No. D852,473 and further restraining and enjoining Defendant from any additional
22 infringement.
23 NINTH CAUSE OF ACTION

24 Unfair Competition Under Washington Common Law
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1 171. Valentino is the exclusive owner and licensee of the Valentino Trademark.
2 172. Defendants are “passing off” their Infringing Products as products associated
3 with, sponsored by, or affiliated with Valentino, through Defendants’ importation, marketing,
4 offering for sale, and selling Infringing Products under the Valentino Trademark.
5 173. Defendants’ infringing activities are likely to cause and actually are causing
6 confusion, mistake, and deception among members of the trade and general consuming public as
7 to the origin and quality of Defendants’ products advertised, marketed, distributed, and/or sold
8 under the Valentino Trademark.
9 174. Defendants’ unfair competition has harmed and is continuing to harm Valentino,
10 its business, and its goodwill.
11 175. In addition to monetary harm, Valentino has suffered and is continuing to suffer
12 irreparable harm as a result of Defendants’ unfair competition, and Valentino has no adequate
13 remedy at law for such injuries. As a result of Defendants’ activities, Valentino seeks damages
14 and equitable relief.
15 TENTH CAUSE OF ACTION

(by Amazon against Defendants)
16 Breach of Contract
19 177. Defendants established an Amazon Selling Account and entered into Amazon’s
20 BSA, a binding and enforceable contract between Defendants and Amazon. Defendants also
21 contractually agreed to be bound by the Conditions of Use of the Amazon website.
22 178. Defendants’ advertising, sale, and distribution of counterfeit Valentino products

23 materially breached Section 5 of the BSA and the Conditions of Use of the Amazon website in
24 numerous ways. Among other things, Defendants’ conduct constitutes infringement and misuse
25 of the IP rights of Valentino.
26 179. Defendants are subject to liability for the wrongful conduct alleged herein (i.e.,
27
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1 the misuse of Valentino’s IP) both directly and under various principles of secondary liability,
2 including without limitation, respondeat superior, vicarious liability, and/or contributory
3 infringement.
4 180. As described above, Defendants, through their illegal acts, have willfully
5 deceived Amazon and its customers, compromised the integrity of Amazon’s stores, threatened
6 to undermine the trust that customers place in Amazon and Valentino, tarnished Amazon and
7 Valentino’s brands and reputations, and harmed Amazon and Valentino and their customers.
8 Defendants’ misconduct has also caused Amazon and Valentino to expend significant resources
9 to investigate and combat Defendants’ wrongdoing and to bring this lawsuit to prevent
10 Defendants from inflicting further harm on Valentino, Amazon, and their customers.
11 Defendants’ illegal acts have caused irreparable injury to Amazon, and that injury is ongoing.
12 An award of monetary damages cannot fully compensate Amazon for its injuries, and Amazon
13 lacks an adequate remedy at law.
14 181. Amazon is entitled to an injunction against Defendants, their officers, agents,
15 representatives, servants, employees, successors and assigns, and all other persons in active
16 concert or participation with them, as set forth in the Prayer for Relief below in order to stop
17 Defendants’ misuse of IP.
18 VI. PRAYER FOR RELIEF
19 WHEREFORE, Plaintiffs respectfully pray for the following relief:
20 A. That the Court issue an order permanently enjoining Defendants, their officers,
21 agents, representatives, servants, employees, successors and assigns, and all others in active
22 concert or participation with them, from:
23 (i) selling products on any of Amazon’s websites or in any of Amazon’s

stores;
24
(ii) opening or attempting to open any Amazon Selling Accounts;
25
(iii) manufacturing, distributing, offering to sell, or selling any product using
26 Valentino’s brand, bearing the Valentino Trademark, embodying
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Valentino’s Design Patents, or which otherwise infringes Valentino’s

1 intellectual property; and
2 (iv) assisting, aiding or abetting any other person or business entity in
engaging or performing any of the activities referred to in subparagraphs
3 (i) through (iii) above;
4 B. That the Court enter judgment in Amazon’s and Valentino’s favor on all claims
5 brought by them;
6 C. That the Court enter an order pursuant to 15 U.S.C. § 1116 impounding all
7 infringing products bearing the Valentino Trademark or that otherwise infringe the Valentino IP,
8 and any related item, including business records, that are in Defendants’ possession or under
9 their control;
10 D. That the Court enter an order pursuant to 35 U.S.C. § 283 declaring that
11 Defendants infringed upon Valentino’s design patent rights and restraining and enjoining
12 Defendants from any further infringement of Valentino’s design patent rights;
13 E. That the Court enter an order requiring Defendants to provide Valentino a full and
14 complete accounting of all amounts due and owing to Valentino as a result of Defendants’
15 unlawful activities;
16 F. That Defendants be required to pay all general, special, actual, and statutory
17 damages which Valentino has sustained, or will sustain, as a consequence of Defendants’
18 unlawful acts, including but not limited to willful infringement and/or counterfeiting, their profits
19 attributable to the willful infringement and/or counterfeiting, and that such damages and profits
20 be enhanced, doubled, or trebled as provided for by 15 U.S.C. § 1117, 35 U.S.C. § 284, 35
21 U.S.C. § 289, or otherwise allowed by law;
22 G. That Defendants be required to pay the costs of this action and the reasonable
23 attorneys’ fees incurred in prosecuting this action, as provided for by 15 U.S.C. § 1117, 35
24 U.S.C. §§ 284, 285, and 289, or otherwise by law; and
25 H. That the Court grant Amazon and Valentino such other, further, and additional
26 relief as the Court deems just and equitable.
27
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1 DATED this 18th day of June 2020.
2 Respectfully Submitted,
4 Attorneys for Plaintiffs
5
By s/ Bonnie MacNaughton
6 Bonnie MacNaughton, WSBA #36110
s/ Nathan Rouse
7
Nathan Rouse, WSBA #46433
8 920 Fifth Avenue, Suite 3300
9 Tel: (206) 622-3150
Fax: (206) 757-7700
10 Email: bonniemacnaughton@dwt.com
nathanrouse@dwt.com
11
12
ARENT FOX LLP
13 Attorneys for Plaintiffs
14 s/ Michelle Mancino Marsh
Michelle Mancino Marsh (pro hac vice
15
forthcoming)
16 1301 Avenue of the Americas, 42nd Floor
New York, NY 10019
17 Tel: (212) 484-3900
Email: michelle.marsh@arentfox.com
18
19 s/ Anthony Lupo
Anthony Lupo (pro hac vice forthcoming)
20 s/ Katie Heilman
Katie Heilman (pro hac vice forthcoming)
21 /s Laura Zell
Laura Zell (pro hac vice forthcoming)
22 1717 K Street N.W.
23 Washington, D.C. 20006
Tel: (202) 857-6000
24 Email: anthony.lupo@arentfox.com
katie.heilman@arentfox.com
25 laura.zell@arentfox.com
26
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Case 2:20-cv-00934 Document 1-1 Filed 06/18/20 Page 1 of 126
EXHIBIT A
EXHIBIT B
MINUTI U TOKA BOTANIU USOOD8182495
(12 ) Sassi
United States Design Patent ( 10) Patent No.: US D818 ,249 S
(45) Date of Patent: * * May 22, 2018
(54) SHOE 2 ,015 ,479 A * 9 /1935 Koomruian ............ A43B 3/ 126
36 / 11. 5
(71) Applicant: VALENTINO S .p . A ., Milan (IT ) D279 ,326 S * 6 / 1985 Foldes .. .. .. ........ D2/916
D613,049 S * 4 / 2010 Lawler D2/ 971
D632 ,470 S * 2 /2011 Guers -Neyraud ............. D2/ 929
( 72 ) Inventor: Stefano Sassi, Milan (IT ) D690,912 S * 10 / 2013 Choi D2/917
D708,823 S * 7 / 2014 Katz D2/916
(73 ) Assignee: Valentino S . p .A ., Milan (IT ) D740 ,000 S * 10 / 2015 Sassi D2/929
D792 ,079 S * 7 /2017 Negri ..... D2/971
(** ) Term : 15 Years * cited by examiner
(21) Appl. No.: 29 /598 , 889 Primary Examiner — Robin V Webster
(22 ) Filed : Mar. 29 , 2017 Assistant Examiner — Rashida C . Walshon
(74 ) Attorney, Agent, or Firm — Thomas | Horstemeyer,
(30) Foreign Application Priority Data LLP
(57) CLAIM
Sep. 30 , 2016 (IT)......................... 402016000098207
(51) LOC ( 11) Cl. .... ............. 02- 04 The ornamental design for a shoe , as shown and described.
(52 ) U .S . CI. DESCRIPTION
USPC . . .. . .. .. .... . ......................... 12/916
(58) Field of Classification Search FIG . 1 is a perspective view of a shoe showing my new
USPC .... D2/916 – 91 , 925 , 926 , 929 – 936 , 942 , 969 design ;
CPC .............. A43B 3 / 12 ; A43B 3 /122 ; A43B 3 / 10 FIG . 2 is a front elevational view thereof;
See application file for complete search history . FIG . 3 is a rear elevational view thereof, opposite that of
FIG . 2 ;
(56 ) References Cited FIG . 4 is a side elevational view thereof;
U . S . PATENT DOCUMENTS FIG . 5 is a side elevational view thereof, from a side
opposite that of FIG . 4 ;
D91 ,535 S * 2 / 1934 Morali
orali ........... ................. D2
12/932 FIG . 6 is a top view thereof; and ,
D93 ,057 S * 8 / 1934 Troy .............................. D2/918 FIG . 7 is a bottom view thereof, opposite that of FIG . 6 .
1 ,977, 995 A * 10 / 1934 Morali ............... A43B 3/0078
12/ 142 R 1 Claim , 7 Drawing Sheets
X
X
4
N
N.
N
www inwestowanie
Wanamernet
U . S . Patent May 22, 2018 Sheet 1 of 7 US D818 , 249 S
FIG . 1
**
*
*
Com
FIG . 2
FIG . 3
U . S . Patent May22, 2018 Sheet 4 of 7 US D818,249 S
Airitieservers
(
?
SSN
FIG . 4
U . S . Patent May 22 , 2018 Sheet 5 of T US D818 , 249 S
?AUB transtionsarinte TaSiwEanATSVE

?
Prem eword
FIG . 5
KLET K
6 0i port
FIG . 6
w
w
dhe
FIG . 7
EXHIBIT C
WDMULLLLLL USOOD817608S
(12) United States Design Patent (10) Patent No.: US D817 ,608 S
Sassi (45) Date of Patent: * * May 15 , 2018
(54) SHOE D100 ,286 S
D102, 342 S
7 / 1936
12 /1936
Rauh
Stein
(71) Applicant: VALENTINO S .p .A ., Milan (IT ) D102,344 S 12/ 1936 Stein
D102,345 S 12/ 1936 Stein
D102, 346 S 12 / 1936 Stein
(72 ) Inventor: Stefano Sassi, Milan (IT ) D103 ,413 S 3 /1937 Sholtz
D112 ,600 S 12 / 1938 Delman
(73) Assignee: Valentino S.p .A ., Milan (IT) D129,703
D129 ,706 S
S 9 / 1941 Grossman
9 / 1941 Grossman
(* * ) Term : 15 Years D131, 119 S 1/ 1942 Hirshom
D131, 170 S 1/ 1942 Wolock
(21) Appl. No.: 29/560, 139 (Continued )
( 22 ) Filed : Apr. 4 , 2016 OTHER PUBLICATIONS

(30 ) Foreign Application Priority Data “ Rockstud ' Sandal Valentino Garavani, posted at nordstrom .com ,
earliest date reviewed Aug . 2, 2016 , [online ], acquired on Aug. 31 ,
Oct. 5 , 2015 (IT ) ..................... 402015000058193 2017 . Available from Internet, <URL : http ://shop .nordstrom .com /
(51) LOC (11) CI. .... ... ......... ... 02- 04 s/valentino -garavani-rockstud -sandal-women /
(52) U .S . CI. 4128535 ? origin = category -personalizedsort & fashioncolor = BLACK
USPC . . .. ... ... .. ............... 12/917 % 20LEATHER > .*
(58 ) Field of Classification Search (Continued )
USPC ..... ..... ........ ... D2 /916 - 945, 627 –640
CPC . ........ A43B 21/ 00 ; A43B 21 /02; A43B 21 /06 ; Primary Examiner — Cathron C Brooks
A43B 9 /14 ; A43B 1 /0045 ; A43B 1 /0036 ; Assistant Examiner - Aula Soroush
A43B 13 / 10 ; A43B 13 / 12 ; A43B 23 /06 ; (74) Attorney, Agent, or Firm — Thomas | Horstemeyer,
A43B 23 /07; A43B 5 / 12 LLP
See application file for complete search history.
(57) CLAIM
( 56 ) References Cited The ornamental design for a shoe , as shown and described .
U . S . PATENT DOCUMENTS
DESCRIPTION
D37 ,359 S 2/ 1905 Borchardt
D70 , 267 S 6 / 1926 Davis FIG . 1 is a perspective view of my new design ;
D84 ,626 S 7 / 1931 Craighead FIG . 2 is a front view thereof;
D88 ,777 S 12/ 1932 Graves
D91 , 531
S 2/ 1934 Morali FIG . 3 is a rear view thereof opposite that of FIG . 2 ;
D91,534 S 2 / 1934 Morali FIG . 4 is a side view thereof;
D91, 535S 2 / 1934 Morali FIG . 5 is a side view thereof, from a side opposite that of
D92, 201S * 5 / 1934 Perugia 36 / 11 .5 FIG . 4 ;
D93 ,057 S 8 / 1934 Troy FIG . 6 is a top view thereof; and ,
1 ,977 , 995
A 10 / 1934 Morali
D95,664 S 5 / 1935 Carrier FIG . 7 is a bottom view thereof.
D95,690 S 5 / 1935 Koomruian
D99 ,016 S 3 / 1936 Gleason 1 Claim , 7 Drawing Sheets
reno
US D817 ,608 S
Page 2
(56 ) References Cited D779 ,796 S

D786 ,541 S *
2 /2017 Sassi
5 /2017 Ethridge ............. D2 /917
U . S . PATENT DOCUMENTS D792 ,079 S * 7 /2017 Negri ......... .... ..... D2/ 971
D131,545 S 3 / 1942 Vivier OTHER PUBLICATIONS

D132 , 292 S 5 / 1942 Benton
D149 ,695 S 5 / 1948 Sandler Valentino Rockstud Flat, posted at nordstrom .com , earliest date
D158 ,331 S 4 / 1950 Sandler reviewed Jun . 26 , 2013 , [ online ], acquired Apr. 13 , 2017 . Available
D158 ,395 S 5 / 1950 Liberty from internet, < URL : http :// shop .nordstrom .com /s/valentino
D161,097 S 12 / 1950 Frankel rockstud - flat/ 3477176 ? origin = keywordsearch -personalizedsort
D162, 168 S 2/ 1951 Ish - Shalom & fashioncolor = BLACK % 20LEATHER > .
D162, 185 S 2/ 1951 Lacek Valentino Rockstud Pointy Toe Pump, posted at nordstrom .com ,
D162,186 S 2/ 1951 Lacek earliest date reviewed Jan . 19 , 2011, [online ], acquired on Apr. 13 ,
3 ,093,916 A 6 / 1963 Hiestand 2017 . Available from Internet, <URL : http :// shop .nordstrom . com /
D279 , 326 S * 6 / 1985 Foldes D2/916 s/ valentino -rockstud -pointy - toe-pump-women /3139048 > .
D344,624 S 3 / 1994 Schnel Valentino Rockstud T - Strap Pump, posted at nordstrom . com , earli
D448 , 146 S * 9 /2001 Jacobs D2/916 est date reviewed Dec. 10 , 2012 , [online ], acquired on Apr. 13 ,
D486 ,296 S 2 /2004 Morrison 2017 . Available from Internet, <URL : http :// shop .nordstrom . com /
D525 ,415 S 7 / 2006 Kelsey s /valentino - rockstud -t- strap -pump-women / 3171736 > .
D552,841 S 10/ 2007 Choi Valentino Rockstud 100mm Light Pink Patent Leather Slingback
D577 ,182 S * 9 /2008 Comeau D2/917 Pump, posted at valentino- outlet. cc , earliest date reviewed Jul. 27,
D581, 149 S * 11/ 2008 Comeau .. D2/917 2014 , [ online ], acquired on Apr. 13, 2017 . Available from Internet,
D583,538 S 12/ 2008 Choi < URL : http ://www .valentino -outlet.cc /valentino -rockstud - 100mm
D613 , 049 S * 4 / 2010 Lawler ........................... D2/971 light -pink -patent-leather-slingback - pum -p - 16 .html?page = 2
D628,787 S 12 / 2010 Guers -Neyraud & number _ of_ uploads= 0 > .
D632 ,061 S 2 /2011 Hardy Daily crave: Valentino Winter 2010 studded shoes, posted at
D632 ,470 S 2 /2011 Guers -Neyraud heycrazy.wordpress .com , earliest date available Sep . 3 , 2010 ,
:
D661,066 S * 6 /2012 Marcos Da Silva .......... D2/917
D690 ,912 S * 10 / 2013 Choi
D692 ,216 S * 10 / 2013 Issler .....
D730 ,030 S
D735, 981 S
5 /2015 Della Valle
8 / 2015 Louboutin
D2/917
D2/ 917
[online ], acquired Apr. 3, 2017 . Available from Internet, < URL :
https ://heycrazy .wordpress .com /2010 /09/ 03 /daily -crave - valentino
winter- 2010 - studded -shoes/> .
5 Bambole, posted on amazon .co.jp , earliest date available Apr. 4 ,
2010 , [online ], acquired on Apr. 13, 2017 . Available from Internet,
D738 ,598 S 9 / 2015 Sassi < URL : https ://amazon .co .jp / 5 -Bambole -Luna -DAgosto -Analog
D738 ,599 S 9 / 2015 Sassi dp /BOOGMC8T04 > .
D740, 000 S * 10 / 2015 Sassi D2/ 929 Marc by Marc Jacobs Women ' s Mouse Ballerina Flat, posted at
D764 ,775 S 8 /2016 Sassi amazon .com , earliest date available Jun . 11, 2013, [online ],
D764,776 S 8 / 2016 Sassi
acquired on Apr. 14 , 2017 . Available from Internet, <URL : https://
www .amazon .com /Marc - Jacobs-Womens-Mouse -Ballerina / dp /
D765,359 S * 9 / 2016 Yehudah D2/917 BOOBLZATAG > .
D765, 954 S 9 / 2016 Sassi Saint Laurent: Star - Studded Leather Fringe Sandal, posted at
D766 ,557 S 9 / 2016 Sassi modesens.com , first seen Dec . 2015 , [online], acquired on Apr. 14 ,
D767,261 S * 9 / 2016 Beyince . .. ... . D2/916 2017 . Available on Internet, <URL : https://modesens.com /products /
D769,589 S 10 /2016 Sassi SAINT-LAURENT-Star -Studded -Leather -Fringe -Sandal- Black
D770, 737 S * 11/ 2016 De Brito . D2/917 271581/>
D774, 737 S 12 / 2016 Sassi
D775, 797 S 1/ 2017 Sassi * cited by examiner
atent May 15 , 2018 Sheet 1 of 7 US D817 ,608 S
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U . S . Patent May15 , 2018 Sheet 2 of T US D817 , 608S
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EXHIBIT D
USOOD779796S
(12) United States Design Patent (10) Patent No.: US D779,796 S

Sassi (45) Date of Patent: Feb. 28, 2017
(54) SHOE D91,535 S * 2/1934 Morali ........................... D2/932
D92,203 S * 5/1934 Perugia ... D2/930
(71) Applicant: VALENTINO S.P.A., Milan (IT) D100.258 S 7, 1936 Viver ...
D131,570 S * 3/1942 Vivier ...
... 36,115
... D2/930
(72) Inventor: Stefano Sassi, Milan (IT)
D581,651 S * 12/2008 Belley ...
D738,598 S ck 9, 2015 Sassi
D2/971
D2/929
ck D740,000 S * 10/2015 Sassi. ... D2/929
(**) Term: 15 Years D764,775 S * 8/2016 Sassi. ... D2/929
D764,776 S * 8/2016 Sassi. ... D2/929
(21) Appl. No.: 35/500,480 D764,777 S * 8/2016 Sassi. ... D2/930
D765,954 S * 9/2016 Sassi. D2/929
(22) Filed: Dec. 14, 2015 D765,956 S * 9/2016 Sassi. D2/939
D766,557 S * 9/2016 Sassi. D2/929
(80) Hague Agreement Data * cited by examiner
Int. Filing Date: Dec. 14, 2015
Int. Reg. No.: DMAO88829 Primary Examiner — Richard E. Chilcot
Int. Reg. Date: Dec. 14, 2015
Int. Reg. Pub. Date: Jan. 8, 2016
(51) LOC (10) Cl. ............................................... 02-04 (57) CLAM
52) U.S. C.
(52) CPC .................................... 443B 2too (2013.01) The ornamental design for a shoe, as shown and described.
USPC ............................................. D2/929; D2/930
(58) Field of Classification Search
USPC .................. D2/896, 925-942, 964, 965, 971 DESCRIPTION
CPC ......... A43B 21/00; A43B 21/02: A43B 21/06;
A43B 9/14: A43B 1/0045: A43B 13/10; 1. She
A43B 13/12: A43B 23/06; A43B 23/07 11: Perspective
A43B 1/0036; A43B 5/12 1.2 : Front
See application file for complete search history. 1.3 : Back
1.4 : Right
(56) References Cited 1.5 : Left
U.S. PATENT DOCUMENTS 1.6: Top
1.7 : Bottom
D91,531 S * 2/1934 Morali ........................... D2/930
D91,534 S * 2/1934 Morali ........................... D2/930 1 Claim, 7 Drawing Sheets
U.S. Patent Feb. 28, 2017 Sheet 1 of 7 US D779,796 S
1.


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2/ Y-1
Sy
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-1N
U.S. Patent Feb. 28, 2017 Sheet S of 7 US D779,796 S


U.S. Patent Feb. 28, 2017 Sheet 7 Of 7 US D779,796 S

EXHIBIT E
USOOD8358955
(12) United
Sassi
States Design Patent ((4510)) Patent No.:
Date of Patent:
US D835 ,895 S
* * Dec. 18 , 2018
(54) SHOE D814 , 163 S *
D818 ,249 S *
4 /2018 Issler ....
5 /2018 Sassi . ..
D2/971
D2 /916
D818,250 S * 5 /2018 Sassi ....... D2/926
(71) Applicant: VALENTINO S.p .A ., Milan (IT)
(72 ) Inventor: Stefano Sassi,Milan (IT ) * cited by examiner
(73 ) Assignee : VALENTINO S .p .A ., Milan (IT ) Primary Examiner - Dominic V Simone
(* * ) Term : 15 Years (74 ) Attorney, Agent, or Firm — Thomas | Horstemeyer,
LLP
(21) Appl. No.: 29/649 ,283
(22 ) Filed : May 29, 2018 (57) CLAIM
(30) Foreign Application Priority Data The ornamental design for a shoe, as shown and described .
Nov. 30, 2017 (IT ) ....................... 402017000137842
(51) LOC (11) CI. .... .... ............ ..... 02-04
(52) U .S . CI. DESCRIPTION
USPC .. .. . .. .. ..... D2 /932 ; D2/939
. . .. . .
(58) Field of Classification Search
USPC .......... D2/896 , 916 – 922, 925 – 942 , 969 , 971 FIG . 1 is a perspective view of a shoe showing my new
CPC A43B 21 /00 ; A43B 21 /02 ; A43B 21 /06 ; design ;
A43B 9 / 14 ; A43B 1 / 0045 ; A43B 13 / 10 ;
A43B 13 / 12 ; A43B 23 /06 ; A43B 23 /07; FIG . 2 is a front elevational view thereof;
A43B 1 /0036 ; A43B 7 /32 ; A43B 5 /12 ; FIG . 3 is a rear elevational view thereof, opposite that of
A43B 23 / 25 ; A43B 3 /128 ; A43B 3 / 10 ; FIG . 2 ;
A43B 3 /122 ; A43B 3 / 24 ; A43B 3 / 12
See application file for complete search history. FIG . 4 is a side elevational view thereof;
References Cited
FIG . 5 is a side elevational view thereof, opposite that of
(56 ) FIG . 4 ;
U . S . PATENT DOCUMENTS FIG . 6 is a top view thereof; and ,
D738 ,599 S *
D747,594 S *
9 /2015 Sassi
1/ 2016 Del Biondi
D2/929
D2/932
FIG . 7 is a bottom view thereof.
D811, 703 S * 3/ 2018 Sassi .... D2/939
D812 ,354 S * 3 /2018 Sassi D2 /939 1 Claim , 7 Drawing Sheets
07
ht
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+ + + + + + + + V
atent Dec . 18 , 2018 Sheet 1 of 7 US D835 ,895 S
21
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U . S . Patent Dec . 18, 2018 Sheet 2 of 7 US D835 ,895 S
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FIG . 2
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U . S . Patent Dec . 18, 2018 Sheet 7 of 7 US D835 , 895 S
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FIG . 7
EXHIBIT F
USOOD8123545
(12 ) United States Design Patent ( 10) Patent No.: US D812 , 354 S
Sassi (45) Date of Patent: * * * Mar. 13 , 2018
(54) SHOE 1,977,995 A * 10/ 1934 Morali ............... A43B 3 /0078
12/ 142 R
(71) Applicant: VALENTINO S .p . A ., Milan (IT ) D95 ,664 S 5 /1935 Carrier
D95 ,690 S 5 / 1935 Koomruian
D99 ,016 S * 3 /1936 Gleason D2/916
(72 ) Inventor: Stefano Sassi, Milan (IT ) D100 , 286 S 7 /1936 Rauh
D102 ,342 S 12 / 1936 Stein
(73) Assignee: VALENTINO S.p.A ., Milan (IT ) D102,344
D102 ,345
S
S
12 / 1936
12 / 1936
Stein
Stein
D102 ,346 S 12 /1936 Stein
( * ) Notice : This patent is subject to a terminal dis D103 ,413 S 3/ 1937 Sholtz
claimer. D112 ,600 S * 12/ 1938 Delman ..... D2 /927
D129 ,703 S * 9 / 1941 Grossman ... . .. .. .. ... . .. D2 /932
(* * ) Term : 15 Years (Continued )
( 21 ) Appl. No.: 29 /560 , 148 OTHER PUBLICATIONS
(22 ) Filed : Apr. 4 , 2016 Daily crave: Valentino Winter 2010 studded shoes, posted at
heycrazy .wordpress. com , earliest date available Sep . 3 , 2010 ,
( 30 ) Foreign Application Priority Data [online ], acquired on Apr. 3 , 2017 . Available from Internet, <URL :
https ://heycrazy.wordpress .com / 2010 /09/03/ daily -crave - valentino
Oct. 5, 2015 (IT) ...................... 402015000058193 winter -2010 -studded -shoes/> .*
(51) LOC ( 11) CI. .... ........... 02 -04 (Continued )
( 52 ) U .S . Cl.
USPC . ......... ... ... D2/939 Primary Examiner — Cathron C Brooks
(58 ) Field of Classification Search Assistant Examiner - Aula Soroush
USPC .............. D2/916 – 945, 627 –640 (74 ) Attorney, Agent, or Firm — Thomas | Horstemeyer,
CPC ......... A43B 21/00 ; A43B 21 /02 ; A43B 21/06 ; LLP
A43B 9 / 14 ; A43B 1 /0045 ; A43B 1 / 0036 ; (57 ) CLAIM
A43B 13 / 10 ; A43B 13 / 12 ; A43B 23 /06 ;
A43B 23/07; A43B 5 / 12 The ornamental design for a shoe, as shown and described.
See application file for complete search history. DESCRIPTION
(56) References Cited FIG . 1 is a perspective view of my new design ;
U .S . PATENT DOCUMENTS FIG . 2 is a front view thereof;
FIG . 3 is a rear view thereof opposite that of FIG . 2 ;
D37 , 359 S 2 / 1905 Borchardt FIG . 4 is a side view thereof ;
D70, 267 S * 6 / 1926 Davis D2 /931 FIG . 5 is a side view thereof, from a side opposite that of
D84 ,626 S * 7 / 1931 Craighead ................ ... D2/632 FIG . 4 ;
D88 ,777 S * 12/ 1932 Graves ...... D2/918
FIG . 6 is a top view thereof; and ,
D91,531 S * 2 / 1934 Morali ........ ... .. ......... D2/930
D91, 534 S * 2 / 1934 Morali . . . . .. .. .. . . D2 /930 FIG . 7 is a bottom view thereof.
D91, 535 S * 2 / 1934 Morali D2 /932
D93,057 S 8 / 1934 Troy 1 Claim , 7 Drawing Sheets
94
US D812 ,354 S
Page 2
(56 ) References Cited OTHER PUBLICATIONS

U . S . PATENT DOCUMENTS 5 Bambole , posted at amazon .co . jp , earliest date available Apr. 4 ,
2010 , [ online ], acquired on Apr. 13, 2017 . Available from Internet,
D129 ,706 S * 9 / 1941 Grossman ... .. .. .. .. ... .. . D2/932 < URL : https://www .amazon .co .jp / 5 - Bambole- Luna -DAgosto -Ana
D131, 119 S * 1/ 1942 Hirshorn D2/ 922 log/ dp /BOOGMC8T04 > .*
D131, 170 S * 11 // 1942
1942 Wolock
VYOIOCK .. .. .. . . . . . . . . . . . . . . . . . . . . D2/932
D131 ,545 S 3 / 1942 Vivier Marc by Marc Jacobs Women 's Mouse Ballerina Flat, posted at
D132 ,292 S 5 / 1942 Benton amazon . com , earliest date available Jun . 11 , 2013 , [online],
D149 ,695 S 5 / 1948 Sandler acquired on Apr. 14 , 2017 . Available from Internet, < URL : https://
D158, 331 S 4 / 1950 Sandler www .amazon .com /Marc - Jacobs -Womens-Mouse -Ballerina / dp /
D158, 395 S 5 / 1950 Liberty BOOBLZAZAG > ,*
D161,097 S * 12/ 1950 Frankel ..... D2/920 Saint Laurent: Star -Studded Leather Fringe Sandal, posted at
D162, 168 S * 2 / 1951 Ish -Shalom ................. D2/918 modesens .com , first seen Dec . 2015 , [online ], acquired on Apr. 14 ,
D162, 185 S * 2/ 1951 Lacek D2 /927 2017 . Available from Internet, <URL : https://modesens .com / prod
D162 , 186 S * 2 / 1951 Lacek D2 /932 uct/SAINT-LAURENT- Star - Studded -Leather- Fringe -Sandal
3 ,093,916 A *
6 / 1963 Hiestand ................ A43B 3 / 106 Black -271581/ > .*
36 /9 R Valentino Rockstud Flat, posted at nordstrom .com , earliest date
D279 ,326 S 6 / 1985 Foldes reviewed Jun . 26 , 2013 , [online ], acquired Apr. 13 , 2017. Available
D344,624 S * 3/ 1994 Schnel ................ D2/629 from internet, < URL : http :// shop .nordstrom .com /s /valentino
D486 , 296 S * 2 / 2004 Morrison D2 /917
D525,415 S * 7 / 2006 Kelsey ..... .. . . ... D2/ 925 rockstud -flat/3477176 ? origin = keywordsearch -personalizedsort
D552, 841 S * 10/2007 Choi . D2/ 971 & fashioncolor = Black % 20LEATHER > .
D583 ,538 S * 12/ 2008 Choi D2/925 Valentino Rockstud Pointy Toe Pump, posted at nordstrom .com ,
D628,787 S * 12/2010 Guers -Neyraud ........... D2/929 earliest date reviewed Jan . 19 , 2011, [ online], acquired on Apr. 13 ,
D632 ,061 S * 2 /2011 Hardy ............. D2/929 2017. Available from Internet, < URL : http ://shop .nordstrom .com /
D632 ,470 S * 2 /2011 Guers -Neyraud .......... D2/929 s/valentino -rockstud-pointy -toe -pump -women /3139048> .
D730,030 S * 5 /2015 Della Valle .... D2/ 939 Valentino Rockstud T -Strap Pump, posted at nordstrom .com , earli
D735, 981 S * 8/ 2015 Louboutin ...... D2 /939 est date reviewed Dec . 10 , 2012 , [online], acquired on Apr. 13,
D738 ,598 S * 9 / 2015 Sassi D2/929 2017 . Available from Internet, <URL : http :// shop .nordstrom . com /
D738 ,599 S * 9 /2015 Sassi ... D2/929 s/ valentino -rockstud -t- strap - pump -women / 3171736 > .
D740 ,000 S * 10 /2015 Sassi ... . . . . . . . . . . . . . . . . . . . . . . D2 /929 Valentino Rockstud 100mm Light Pink Patent Leather Slingback
D764,775 S * 8 / 2016 Sassi .................. D2/929
D764,776 S * 8 / 2016 Sassi . .. D2/929 Pump, posted at valentino - outlet . cc , earliest date reviewed Jul. 27 ,
D765,954 S * 9 / 2016 Sassi D2/929 2014 , [online ], acquired on Apr. 13, 2017 . Available from Internet,
D766 ,557 S * 9 /2016 Sassi D2 /929 <URL : http ://www .valentino -outlet. cc / valentino - rockstud - 100mm
D769, 589 S * 10 / 2016 Sassi D2/931 light- pink -patent -leather-slingback -pum - p - 16 .html? page = 2 & num
D774 ,737 S * 12/ 2016 Sassi D2/929 ber _ of _ uploads= 0 > .
D775,797 S * 1/ 2017 Sassi D2/929
D779, 796 S * 2 / 2017 Sassi . .. . . . .. ..... D2 /929 * cited by examiner
U . S . Patent Mar. 13 , 2018 Sheet 1 of 7 US D812, 354 S
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U . S . Patent Mar.13, 2018 Sheet 2 of T US D812 ,354 S
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EXHIBIT G
USOOD8524735
(12 ) Sassi
United States Design Patent ( 10) Patent No.:
((4519)) DateDate orofdPatent
'atent:: US* * D952
Jul. 2,, 2019
2018
(54) SHOE 7 ,240,802 B2 * 7/2007 Jones .............. B42D 5 /005
211/ 10
( 71 ) Applicant: VALENTINO S .P .A ., Milan (IT ) D582 ,654 S * 12 /2008 Guers -Neyraud .. .. .. ... . D2/971
D582 ,657 S * 12 /2008 Guers -Neyraud D2 /971
D737,560 S * 9 / 2015 Sassi .. D2/ 971
( 72 ) Inventor: Stefano Sassi,Milan (IT ) D738, 598 S * 9 / 2015 Sassi D2/929
D754, 955 S * 5 / 2016 Guichot .... D2/930
(* * ) Term : 15 Years D764 ,775 S * 8 /2016
D764 ,777 S * 8 /2016 Sassi
Sassi D2 /929
D2 /930
(21) Appl. No.: 35 /504 ,803 D802, 265 S * 11/2017 Kirkwood
D827,260 S * 9/2018 Sassi
...... D2/930
D2 /930
(22 ) Filed : Mar. 29, 2018 * cited by examiner
(80) Hague Agreement Data Primary Examiner — George D . Kirschbaum
Int. Filing Date : Mar. 29 , 2018 Assistant Examiner — Jennifer L Watkins
Int. Reg. No.: DM / 100617
Int. Reg . Date : Mar. 29 , 2018 (57 ) CLAIM
Int. Reg. Pub . Date : Apr. 27, 2018 The ornamental design for a shoe , as shown and described.
(51) LOC (11) CI. .... . .. .. . .. . 02 - 04
(52) U .S . CI. DESCRIPTION
USPC ... D2/932
(58 ) Field of Classification Search 1 . Shoe
USPC ........... D2/925 , 929 –932 , 971 1. 1 : Perspective
See application file for complete search history. 1. 2 : Front
1 . 3 : Back
(56) References Cited 1 .4 : Right
1 .5 : Left
U . S . PATENT DOCUMENTS 1. 6 : Top
1 . 7 : Bottom
D201,665 S * 7 / 1965 Levine ....... D2/930 The drawings only show the design on a left shoe; the right
D453, 063 S * 1/ 2002 Jacobs D2/ 925
D463, 900 S * 10 /2002 Jacobs D2/925 shoe is omitted as it is symmetrical to the left shoe .
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EXHIBIT H
Amazon Services Business Solutions Agreement
General Terms
Welcome to Amazon Services Business Solutions, a suite of optional services for sellers including:
Selling on Amazon, Amazon Webstore, Fulfillment by Amazon, Product Ads, and Transaction
Processing Services.
THIS AMAZON SERVICES BUSINESS SOLUTIONS AGREEMENT (THE "AGREEMENT") CONTAINS THE
TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES AND IS AN
AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT AND AMAZON. BY REGISTERING FOR
OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT)
AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE SERVICE TERMS AND
PROGRAM POLICIES THAT APPLY FOR THE COUNTRY FOR WHICH YOU REGISTER OR ELECT TO USE A
SERVICE ("ELECTED COUNTRY").
As used in this Agreement, "we," "us," and "Amazon" means the applicable Amazon Contracting
Party and any of its applicable Affiliates, and "you" means the applicant (if registering for or using a
Service as an individual), or the business employing the applicant (if registering for or using a Service
as a business) and any of its Affiliates. Capitalized terms have the meanings given to them in this
Agreement. If there is a conflict among terms in this Agreement, the Program Policies will prevail over
any applicable Service Terms and the General Terms, and the applicable Service Terms will prevail
over the General Terms.
1. Enrollment.
To begin the enrollment process, you must complete the registration process for one or more of the
Services. Use of the Services is limited to parties that can lawfully enter into and form contracts under
applicable law (for example, the Elected Country may not allow minors to use the Services). As part of
the application, you must provide us with your (or your business') legal name, address, phone number
and e-mail address. We may at any time cease providing any or all of the Services at our sole
discretion and without notice.
2. Service Fee Payments; Receipt of Sales Proceeds.
Fee details are described in the applicable Service Terms and Program Policies. You are responsible for
all of your expenses in connection with this Agreement. To use a Service, you must provide us with
valid credit card information from a credit card or credit cards acceptable by Amazon ("Your Credit
Card") as well as valid bank account information for a bank account or bank accounts acceptable by
Amazon (conditions for acceptance may be modified or discontinued by us at any time without notice)
("Your Bank Account"). You will use only a name you are authorized to use in connection with a
1
Service and will update all of the preceding information as necessary to ensure that it at all times
remains accurate and complete. You authorize us (and will provide us documentation evidencing your
authorization upon our request) to verify your information (including any updated information), to
obtain credit reports about you from time to time, to obtain credit authorizations from the issuer of
Your Credit Card, and to charge Your Credit Card or debit Your Bank Account for any sums payable by
you to us (in reimbursement or otherwise). All payments to you will be remitted to Your Bank Account
through a banking network or by other means specified by us. For any amounts you owe us, we may
(a) charge Your Credit Card; (b) offset any amounts that are payable by you to us (in reimbursement
or otherwise) against any payments we may make to you; (c) invoice you for amounts due to us, in
which case you will pay the invoiced amounts upon receipt; (d) reverse any credits to Your Bank
Account; or (e) seek such payment or reimbursement from you by any other lawful means. Except as
provided otherwise, all amounts contemplated in this Agreement will be expressed and displayed in
the Local Currency, and all payments contemplated by this Agreement will be made in the Local
Currency. If we discover erroneous or duplicate transactions, then we reserve the right to seek
reimbursement from you by deducting from future payments owed to you, charging Your Credit Card,
or seeking such reimbursement from you by any other lawful means.
IF WE DETERMINE THAT YOUR ACTIONS OR PERFORMANCE MAY RESULT IN RETURNS, CHARGEBACKS,

CLAIMS, DISPUTES, OR OTHER RISKS, THEN WE MAY IN OUR SOLE DISCRETION WITHHOLD ANY
PAYMENTS TO YOU UNTIL THE COMPLETION OF ANY RELATED INVESTIGATION. IF WE DETERMINE THAT
YOUR ACCOUNT HAS BEEN USED TO ENGAGE IN DECEPTIVE, FRAUDULENT, OR ILLEGAL ACTIVITY, THEN
WE MAY IN OUR SOLE DISCRETION PERMANENTLY WITHHOLD ANY PAYMENTS.
As a security measure, we may, but are not required to, impose transaction limits on some or all
customers and sellers relating to the value of any transaction or disbursement, the cumulative value
of all transactions or disbursements during a period of time, or the number of transactions per day or
other period of time. We will not be liable to you: (i) if we do not proceed with a transaction or
disbursement that would exceed any limit established by us for a security reason, or (ii) if we permit a
customer to withdraw from a transaction because an Amazon Site or Service is unavailable following
the commencement of a transaction.
3. Term and Termination.
The term of this Agreement will start on the date of your completed registration for or use of a
Service, whichever occurs first, and continue until terminated by us or you as provided in this
Agreement (the "Term"). We may terminate or suspend this Agreement or any Service for any
reason at any time by notice to you. You may terminate this Agreement or any Service or the
Promotion Site for any reason at any time by the means then specified by Amazon. Termination or
suspension of a Service will not terminate or suspend any other Service unless explicitly provided.
Upon termination, all rights and obligations of the parties under this Agreement will terminate, except
2
that Sections 2, 3, 4, 5, 6, 7, 8, 9, 11, 14, 15, 16 and 18 will survive termination. Any terms that
expressly survive according to the applicable Service Terms will also survive termination.
4. License.
You grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use,
reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and
otherwise commercially or non-commercially exploit in any manner, any and all of Your Materials, and
to sublicense the foregoing rights to our Affiliates and operators of Amazon Associated Properties;
provided, however, that we will not alter any of Your Trademarks from the form provided by you
(except to re-size trademarks to the extent necessary for presentation, so long as the relative
proportions of such trademarks remain the same) and will comply with your removal requests as to
specific uses of Your Trademarks (provided you are unable to do so using standard functionality made
available to you via the applicable Amazon Site or Service); provided further, however, that nothing in
this Agreement will prevent or impair our right to use Your Materials without your consent to the
extent that such use is allowable without a license from you or your Affiliates under applicable law
(e.g., fair use under United States copyright law, referential use under trademark law, or valid license
from a third party).
5. Representations.
You represent and warrant to us that: (a) if you are a business, you are duly organized, validly
existing and in good standing under the Laws of the country in which your business is registered and
that you are registering for the Service(s) within such country; (b) you have all requisite right, power
and authority to enter into this Agreement, perform your obligations, and grant the rights, licenses
and authorizations in this Agreement; (c) any information provided or made available by you or your
Affiliates to Amazon or its Affiliates is at all times accurate and complete; and (d) you and all of your
subcontractors, agents and suppliers will comply with all applicable Laws in your performance of your
obligations and exercise of your rights under this Agreement.
6. Indemnification.
You release us and agree to indemnify, defend and hold harmless us, our Affiliates, and our and their
respective officers, directors, employees, representatives and agents against any claim, loss, damage,
settlement, cost, expense or other liability (including, without limitation, attorneys' fees) (each, a
"Claim") arising from or related to: (a) your actual or alleged breach of any obligations in this
Agreement; (b) any of Your Sales Channels other than Amazon Sites and Amazon Associated
Properties, Your Products (including their offer, sale, performance and fulfillment), Your Materials, any
actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any
personal injury, death or property damage related thereto; (c) any act or omission of Your Personnel;
or (d) Your Taxes. You will use counsel reasonably satisfactory to us to defend each indemnified
3
Claim. If at any time we reasonably determine that any indemnified Claim might adversely affect us,
we may take control of the defense at our expense. You may not consent to the entry of any
judgment or enter into any settlement of a Claim without our prior written consent, which may not be
unreasonably withheld.
7. Disclaimer & General Release.
a. THE AMAZON SITES AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS,
MATERIALS AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE
SERVICES, ARE PROVIDED "AS-IS." AS A USER OF THE SERVICES, YOU USE THE AMAZON SITES,
THE SERVICES AND SELLER CENTRAL AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY
LAW, WE AND OUR AFFILIATES DISCLAIM: (i) ANY REPRESENTATIONS OR WARRANTIES REGARDING
THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT,
INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT; (ii) IMPLIED WARRANTIES ARISING OUT OF COURSE OF
DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; AND (iii) ANY OBLIGATION, LIABILITY,
RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE DO
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE AMAZON SITES AND THE SERVICES WILL
MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE,
AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO
SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING,
ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY TRANSACTIONS.
b. BECAUSE AMAZON IS NOT INVOLVED IN TRANSACTIONS BETWEEN CUSTOMERS AND SELLERS OR

OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS,
EACH PARTICIPANT RELEASES AMAZON (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS,
DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN
AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
8. Limitation of Liability.
WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE,

PRODUCT LIABILITY OR OTHER THEORY) OR OTHERWISE) TO YOU OR ANY OTHER PERSON FOR
COST OF COVER, RECOVERY OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR
AFFILIATES IN CONNECTION WITH THIS AGREEMENT, OR FOR ANY LOSS OF PROFIT, REVENUE,
BUSINESS, OR DATA OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO
THIS AGREEMENT, EVEN IF AMAZON HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE COSTS OR
DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT OR THE TRANSACTIONS CONTEMPLATED WILL NOT EXCEED AT ANY TIME THE TOTAL
4
AMOUNTS DURING THE PRIOR SIX MONTH PERIOD PAID BY YOU TO AMAZON IN CONNECTION WITH
THE PARTICULAR SERVICE GIVING RISE TO THE CLAIM.
9. Insurance.
If the gross proceeds from Your Transactions exceed the applicable Insurance Threshold during each
month over any period of three (3) consecutive months, or otherwise if requested by us, then within
thirty (30) days thereafter, you will maintain at your expense throughout the remainder of the Term
for each applicable Elected Country commercial general, umbrella or excess liability insurance with the
Insurance Limits per occurrence and in aggregate covering liabilities caused by or occurring in
conjunction with the operation of your business, including products, products/completed operations
and bodily injury, with policy(ies) naming Amazon and its assignees as additional insureds. At our
request, you will provide to us certificates of insurance for the coverage to the following address: c/o
Amazon, P.O. Box 81226, Seattle, WA 98108-1226, Attention: Risk Management.
10. Tax Matters.
As between the parties, you will be responsible for the collection, reporting and payment of any and all
of Your Taxes, except to the extent Amazon expressly agrees to receive taxes or other transaction-
based charges in connection with tax calculation services made available by Amazon and used by you.
You agree to and will comply with the Tax Policies. All fees payable by you to Amazon under this
Agreement or the applicable Service Terms are exclusive of any applicable taxes, and you will be
responsible for paying Amazon any of Your Taxes imposed on such fees.
11. Confidentiality.
During the course of your use of the Services, you may receive information relating to us or to the
Services, including but not limited to Amazon Transaction Information, that is not known to the
general public ("Confidential Information"). You agree that: (a) all Confidential Information will
remain Amazon's exclusive property; (b) you will use Confidential Information only as is reasonably
necessary for your participation in the Services; (c) you will not otherwise disclose Confidential
Information to any other Person; and (d) you will take all reasonable measures to protect the
Confidential Information against any use or disclosure that is not expressly permitted in this
Agreement. You may not issue any press release or make any public statement related to the
Services, or use our name, trademarks or logo, in any way (including in promotional material) without
our advance written permission, or misrepresent or embellish the relationship between us in any way.
12. Force Majeure.
We will not be liable for any delay or failure to perform any of our obligations under this Agreement by
reasons, events or other matters beyond our reasonable control.
5
13. Relationship of Parties.
Subject to the Transaction Processing Service Terms (if the Elected Country for a Service is the United
States), you and we are independent contractors, and nothing in this Agreement will create any
partnership, joint venture, agency, franchise, sales representative, or employment relationship
between us. You will have no authority to make or accept any offers or representations on our behalf.
This Agreement will not create an exclusive relationship between you and us. Nothing expressed or
mentioned in or implied from this Agreement is intended or will be construed to give to any person
other than the parties to this Agreement any legal or equitable right, remedy, or claim under or in
respect to this Agreement. This Agreement and all of the representations, warranties, covenants,
conditions, and provisions in this Agreement are intended to be and are for the sole and exclusive
benefit of Amazon, you, and customers. As between you and us, you will be solely responsible for all
obligations associated with the use of any third party service or feature that you permit us to use on
your behalf, including compliance with any applicable terms of use. You will not make any statement,
whether on your site or otherwise, that would contradict anything in this section.
14. Use of Amazon Transaction Information.
You will not, and will cause your Affiliates not to, directly or indirectly: (a) disclose any Amazon
Transaction Information (except that you may disclose that information solely as necessary for you to
perform your obligations under this Agreement if you ensure that every recipient uses the information
only for that purpose and complies with the restrictions applicable to you related to that information);
(b) use any Amazon Transaction Information for any marketing or promotional purposes whatsoever,
or otherwise in any way inconsistent with our or your privacy policies or applicable Law; (c) contact a
Person that has ordered Your Product with the intent to collect any amounts in connection therewith or
to influence that Person to make an alternative transaction; (d) disparage us, our Affiliates, or any of
their or our respective products or services or any customer; or (e) target communications of any kind
on the basis of the intended recipient being an Amazon Site user. In addition, you may only use tools
and methods that we designate to communicate with Amazon Site users regarding Your Transactions,
including for the purpose of scheduling, communicating, or cancelling the fulfillment of Your Products.
The terms of this Section 14 do not prevent you from using other information that you acquire without
reference to Amazon Transaction Information for any purpose, even if that information is identical to
Amazon Transaction Information, provided that you do not target communications on the basis of the
intended recipient being an Amazon Site user.
15. Suggestions and Other Information.
If you or any of your Affiliates elect to provide or make available suggestions, comments, ideas,
improvements, or other feedback or materials to us in connection with or related to any Amazon Site
or Service (including any related Technology), we will be free to use, disclose, reproduce, modify,
license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in
6
any manner. In order to cooperate with governmental requests, to protect our systems and
customers, or to ensure the integrity and operation of our business and systems, we may access and
disclose any information we consider necessary or appropriate, including but not limited to user
contact details, IP addresses and traffic information, usage history and posted content.
16. Modification.
We may amend any of the terms and conditions contained in this Agreement at any time and at our
sole discretion. Any changes will be effective upon the posting of such changes on Seller Central or on
the applicable Amazon Site, and you are responsible for reviewing these locations and informing
yourself of all applicable changes or notices. All notice of changes to the General Terms and the
Service Terms will be posted for at least 30 days. Changes to Program Policies may be made without
notice to you. You should refer regularly to Seller Central to review the current Agreement (including
the Service Terms and Program Policies) and to be sure that the items you offer can be offered via the
applicable Service. YOUR CONTINUED USE OF A SERVICE AFTER AMAZON'S POSTING OF ANY
CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS.
17. Password Security.
Any password we provide to you may be used only during the Term to access Seller Central (or other
tools we provide) to use the Services, electronically accept Your Transactions, and review your
completed transactions. You are solely responsible for maintaining the security of your password. You
may not disclose your password to any third party (other than third parties authorized by you to use
your account in accordance with this Agreement) and are solely responsible for any use of or action
taken under your password. If your password is compromised, you must immediately change your
password.
18. Miscellaneous.
The Governing Laws will govern this Agreement, without reference to rules governing choice of laws or
the Convention on Contracts for the International Sale of Goods. Any dispute with Amazon or its
Affiliates or claim relating in any way to this Agreement or your use of the Services will be adjudicated
in the Governing Courts, and you consent to exclusive jurisdiction and venue in the Governing Courts,
or, if the Elected Country is the United States or Canada, we both consent that any such
dispute or claim will be resolved by binding arbitration as described in this paragraph,
rather than in court, except that you may assert claims in a small claims court that is a Governing
Court if your claims qualify and you or we may bring suit in the Governing Courts to enjoin
infringement or other misuse of intellectual property rights. There is no judge or jury in
arbitration, and court review of an arbitration award is limited. However, an arbitrator can
award on an individual basis the same damages and relief as a court (including injunctive
and declaratory relief or statutory damages), and must follow the terms of this Agreement
7
as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration
and describing your claim to our registered agent, CSC Services of Nevada, Inc., 2215-B Renaissance
Drive, Las Vegas, NV 89119. The arbitration will be conducted by the American Arbitration Association
(AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will
reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims
are frivolous. Likewise, Amazon will not seek attorneys' fees and costs from you in arbitration unless
the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted
by telephone, based on written submissions, or in person in the county where you live or at another
mutually agreed location. We each agree that any dispute resolution proceedings will be
conducted only on an individual basis and not in a class, consolidated or representative
action. If for any reason a claim proceeds in court rather than in arbitration we each waive any
right to a jury trial.
You may not assign this Agreement, by operation of law or otherwise, without our prior written
consent. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable
against the parties and their respective successors and assigns. We may perform any of our
obligations or exercise any of our rights under this Agreement through one or more of our Affiliates.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a
waiver of our right to enforce such provision or any other provision of this Agreement subsequently.
We have the right in our sole discretion to determine the content, appearance, design, functionality
and all other aspects of the Services, including by redesigning, modifying, removing, or restricting
access to any of them.
Because Amazon is not your agent (except for the limited purpose set out in the Transaction Processing
Service Terms (if the Elected Country for a Service is the United States)), or the customer’s agent for any
purpose, Amazon will not act as either party's agent in connection with resolving any disputes
between participants related to or arising out of any transaction.
We will send all notices and other communications regarding this Agreement to you at the e-mail
addresses you designated for notifications and updates in your program application or within Seller
Central, or by any other means then specified by Amazon. We may also communicate with you
electronically and in other media, and you consent to such communications regardless of any "E-mail
Preferences" (or similar preferences or requests) you may have indicated on the applicable Amazon
Site, on Seller Central, or by any other means. You may change your e-mail addresses and certain
other information in Seller Central. You will ensure that all of your information is up to date and
accurate at all times. You must send all notices and other communications relating to Amazon to our
Merchant Services Team by using the Contact Us form.
8
This Agreement incorporates and you accept the applicable Service Terms and Program Policies, which
Amazon may modify from time to time. If any provision of this Agreement is deemed unlawful, void,
or for any reason unenforceable, then that provision will be deemed severable from these terms and
conditions and will not affect the validity and enforceability of any remaining provisions. If the Elected
Country is Canada, then it is the express wish of the parties that this Agreement and the applicable
Service Terms and Program Policies have been drafted in English. (The following is a French
translation of the preceding sentence: Si le pays de service est le Canada, les parties conviennent que
la présente autorisation et tous les termes et conditions applicables s'y rattachant soient rédigés en
anglais.) This Agreement represents the entire agreement between the parties with respect to the
Services and related subject matter and supersedes any previous or contemporaneous oral or written
agreements and understandings.
Definitions
As used in this Agreement, the following terms have the following meanings:
"Affiliate" means, with respect to any entity, any other entity that directly or indirectly controls, is
controlled by, or is under common control with that entity.
"Amazon Associated Properties" means any website or other online point of presence, mobile
application, service or feature, other than an Amazon Site, through which any Amazon Site, any
Webstore Site, or products or services available on any of them, are syndicated, offered,
merchandised, advertised or described.
"Amazon Contracting Party" means the party outlined below.
 If the Elected Country is Canada:
Service Amazon Contracting Party
Selling on Amazon Amazon Services International, Inc.
Selling on Amazon (if your Amazon Services Contracts, Inc.

account is enabled to list
Optional Coverage Plans)
Fulfillment by Amazon Amazon.com.ca, Inc.
Product Ads Amazon Services International, Inc.
 If the Elected Country is Japan:
9
Selling on Amazon Amazon Services International, Inc.
Fulfillment by Amazon Amazon Japan Logistics K.K.
Product Ads Amazon Services International, Inc.
 If the Elected Country is the United States:
Selling on Amazon Amazon Services LLC
Selling on Amazon (if your Amazon Services Contracts, Inc.

account is enabled to list
Optional Coverage Plans)
Fulfillment by Amazon Amazon Services LLC
Amazon Webstore Amazon Services LLC
Product Ads Amazon Services LLC
Transaction Processing Amazon Payments, Inc., provided that

Services if you registered for or used a Service
prior to June 30, 2014, then Amazon
Services LLC may in its discretion
perform the Transaction Processing
Services
"Amazon Site" means, as applicable, the CA Amazon Site, the JP Amazon Site, or the US Amazon
Site.
"Amazon Transaction Information" means, collectively, Order Information and any other data or
information acquired by you or your Affiliates from Amazon, its Affiliates, or otherwise as a result of
this Agreement, the transactions contemplated by this Agreement, or the parties' performance under
this Agreement.
"CA Amazon Site" means that website, the primary home page of which is identified by the url
www.amazon.ca, and any successor or replacement of such website.
"Content" means copyrightable works under applicable Law.
"Excluded Products" means the items described on the applicable Restricted Products pages in
Seller Central, any other applicable Program Policy, or any other information made available to you by
Amazon.
10
"Governing Courts" means the applicable one of the following:
the state or Federal court in King County, Washington (if the Elected Country is Canada or
the United States),
Tokyo District Court or Tokyo Summary Court depending upon the amount of the claim
made (if the Elected Country is Japan).
"Governing Laws" means the applicable one of the following:
the laws of the State of Washington, United States together with the Federal Arbitration Act
and other applicable federal law (if the Elected Country is Canada or the United States),
the laws of Japan (if the Elected Country is Japan).
"Insurance Limits" means the applicable one of the following:
One Million Canadian Dollars ($1,000,000) (if the Elected Country is Canada),
One Hundred Million Japanese Yen (¥100,000,000) (if the Elected Country is Japan),
One Million U.S. Dollars ($1,000,000) (if the Elected Country is the United States).
"Insurance Threshold" means the applicable one of the following:
Ten Thousand Canadian Dollars ($10,000) (if the Elected Country is Canada),
One Million Japanese Yen (¥1,000,000) (if the Elected Country is Japan),
Ten Thousand U.S. Dollars ($10,000) (if the Elected Country is the United States).
"Intellectual Property Right" means any patent, copyright, Trademark, domain name, moral right,
trade secret right, or any other intellectual property right arising under any Laws and all ancillary and
related rights, including all rights of registration and renewal and causes of action for violation,
misappropriation or infringement of any of the foregoing.
"JP Amazon Site" means that website, the primary home page of which is identified by the url
www.amazon.co.jp, and any successor or replacement of such website.
"Law" means any law, ordinance, rule, regulation, order, license, permit, judgment, decision or other
requirement, now or in the future in effect, of any governmental authority (e.g. on a federal, state, or
provincial level, as applicable) of competent jurisdiction.
"Local Currency" means the applicable one of the following:
U.S. Dollars (if the Elected Country is the United States),

Canadian Dollars (if the Elected Country is Canada),
Japanese Yen (if the Elected Country is Japan).
"Optional Coverage Plans" means warranties, extended service plans and related offerings, in each
case as determined by us, that you offer.
11
"Order Information" means, with respect to any of Your Products ordered through an Amazon Site
or a Webstore Site, the order information and shipping information that we provide or make available
to you.
"Person" means any individual, corporation, partnership, limited liability company, governmental
authority, association, joint venture, division or other cognizable entity, whether or not having distinct
legal existence.
"Program Policies" means all terms, conditions, policies, guidelines, rules and other information on
the applicable Amazon Site or on Seller Central, including those shown on the "Policies and
Agreements" section of Seller Central or elsewhere in the "Help" section of Seller Central (and, for
purposes of the Fulfillment by Amazon Service, specifically including the FBA Guidelines). All Program
Policies applicable to Webstore by Amazon also apply to Amazon Webstore, unless otherwise
specifically stated.
"Promotion Site" means that ecommerce website, the primary home page of which is identified by
the URL www.sellername.amazonwebstore.com, in which "sellername" is a name representing you
that we elect to include in such URL.
"Sales Proceeds" means the gross proceeds from any of Your Transactions, including all shipping
and handling, gift wrap and other charges, and including taxes and customs duties to the extent
specified in the applicable Tax Policies.
"Seller Central" means the online portal and tools made available by Amazon to you, for your use in
managing your orders, inventory and presence on a particular Amazon Site, a Webstore Site, or any
other online point of presence.
"Service" means each of the following services: Selling on Amazon, Amazon Webstore, Fulfillment by
Amazon, Product Ads, and, if the Elected Country for a Service is the United States, the Transaction
Processing Services, together in each case with any related services and materials we make available.
"Service Terms" means the service terms applicable to each Service, which are made part of this
Agreement upon the date you elect to register for or use the applicable Service, and any subsequent
modifications we make to those terms.
"Technology" means any: (a) ideas, procedures, processes, systems, methods of operation,
concepts, principles and discoveries protected or protectable under the Laws of any jurisdiction; (b)
interfaces, protocols, glossaries, libraries, structured XML formats, specifications, grammars, data
formats, or other similar materials; and (c) software, hardware, code, technology or other functional
item.
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"Trademark" means any trademark, service mark, trade dress (including any proprietary "look and
feel"), trade name, other proprietary logo or insignia or any other source or business identifier,
protected or protectable under any Laws.
"US Amazon Site" means that website, the primary home page of which is identified by the url
www.amazon.com, and any successor or replacement of such website.
"Webstore Service" has the meaning described in the Webstore Service Terms.
"Webstore Site" has the meaning described in the Webstore Service Terms.
"Your Materials" means all Technology, Your Trademarks, Content, Your Product information, data,
materials, and other items or information provided or made available by you or your Affiliates to
Amazon or its Affiliates.
"Your Personnel" means any third party warranting, administering or otherwise involved in the offer,
sale, performance or fulfillment of Your Products, including any of your employees, representatives,
agents, contractors, or subcontractors.
"Your Product" means any product or service (including Optional Coverage Plans) that: (a) you offer
through the Webstore Service or the Selling on Amazon Service; (b) is made available for advertising
by you through the Product Ads Service; or (c) is fulfilled or otherwise processed through the
Fulfillment by Amazon Service.
"Your Sales Channels" means all sales channels and other means through which you or any of your
Affiliates offers products or services, other than physical stores.
"Your Taxes" means any and all sales, goods and services, use, excise, premium, import, export,
value added, consumption and other taxes, regulatory fees, levies (specifically including
environmental levies) or charges and duties assessed, incurred or required to be collected or paid for
any reason (a) in connection with any advertisement, offer or sale of products or services by you on or
through or in connection with the Services; (b) in connection with any products or services provided
for which Your Products are, directly or indirectly, involved as a form of payment or exchange; or (c)
otherwise in connection with any action, inaction or omission of you or your Affiliates, or any Persons
providing products or services, or your or their respective employees, agents, contractors or
representatives, for which Your Products are, directly or indirectly, involved as a form of payment or
exchange. Also, if the Elected Country is the United States or Canada, as it is used in the Fulfillment
by Amazon Service Terms, this defined term also means any of the types of taxes, duties, levies or
fees mentioned above that are imposed on or collectible by Amazon or any of its Affiliates in
connection with or as a result of fulfillment services including the storage of inventory or packaging of
Your Products and other materials owned by you and stored by Amazon, shipping, gift wrapping or
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other actions by Amazon in relation to Your Products pursuant to the Fulfillment by Amazon Service
Terms.
"Your Trademarks" means Trademarks of yours that you provide to us: (a) in non-text form for
branding purposes; and (b) separate from (and not embedded or otherwise incorporated in) any
product specific information or materials.
"Your Transaction" means any sale of Your Product(s) through an Amazon Site or any Webstore
Site.
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Selling on Amazon Service Terms
The Selling on Amazon Service ("Selling on Amazon") is a Service that allows you to offer certain
products and services directly on the Amazon Sites (which, if the Elected Country is the United States,
includes a Promotion Site that we may make available from time to time during the Term and on
which certain of Your Products may be offered).
These Selling on Amazon Service Terms are part of the Agreement, but, unless specifically provided
otherwise, concern and apply only to your participation in Selling on Amazon. BY REGISTERING FOR
OR USING THE SELLING ON AMAZON SERVICE, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS
YOU REPRESENT) AGREE TO BE BOUND BY THE AGREEMENT, INCLUDING THESE SELLING ON
AMAZON SERVICE TERMS. NOTWITHSTANDING THE PREVIOUS SENTENCE, IF YOU HAVE
ENTERED INTO A SEPARATE AGREEMENT THAT PERMITS YOU TO OFFER YOUR PRODUCTS
THROUGH A PARTICULAR AMAZON SITE (E.G., A MERCHANTS@ AMAZON.COM PROGRAM
AGREEMENT, MERCHANTS @AMAZON.CO.JP PROGRAM AGREEMENT OR ANY PREDECESSOR
OF THOSE AGREEMENTS), THEN TO THE EXTENT THAT YOU CONTINUE TO LIST AND SELL
YOUR PRODUCTS ON THAT AMAZON SITE PURSUANT TO SUCH SEPARATE AGREEMENT,
TRANSACTIONS OF YOUR PRODUCTS ON THAT AMAZON SITE AND ANY TAX SERVICES WE
MAKE AVAILABLE UNDER THAT AGREEMENT ARE GOVERNED BY THE TERMS OF THAT
AGREEMENT AND NOT BY THESE SELLING ON AMAZON SERVICE TERMS.
S-1 Your Product Listings and Orders
S-1.1 Products and Product Information. You will provide in the format we require accurate and
complete Required Product Information for each product or service that you offer through any Amazon
Site and promptly update that information as necessary to ensure it at all times remains accurate and
complete. You will also ensure that Your Materials, Your Products (including packaging) and your offer
and subsequent sale of any of the same on any Amazon Site comply with all applicable Laws (including
all minimum age, marking and labeling requirements) and do not contain any sexually explicit (except
to the extent expressly permitted under our applicable Program Policies), defamatory or obscene
materials. You may not provide any information for, or otherwise seek to offer any Excluded Products
on any Amazon Sites; or provide any URL Marks for use, or request that any URL Marks be used, on
any Amazon Site.
S-1.2 Product Listing; Merchandising; Order Processing. We will enable you to list Your Products
on a particular Amazon Site, and conduct merchandising and promote Your Products as permitted by
us (including via the Amazon Associated Properties or any other functions, features, advertising, or
programs on or in connection with the applicable Amazon Site). We may use mechanisms that rate, or
allow shoppers to rate, Your Products and your performance as a seller and Amazon may make these
ratings and feedback publicly available. We will provide Order Information to you for each order of
Your Products through the applicable Amazon Site. We will also receive all Sales Proceeds on your
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behalf for each of these transactions and will have exclusive rights to do so, and will remit them to
you in accordance with these Selling on Amazon Service Terms.
S-1.3 Shipping and Handling Charges. For those of Your Products ordered by customers on or
through an Amazon Site that are not fulfilled using Fulfillment by Amazon, you will determine shipping
and handling charges via and subject to our standard functionality and categorizations for the
applicable Amazon Site and further subject to any shipping and handling charge Program Policies for
that Amazon Site, except that, with respect to products offered by sellers on the Individual selling plan
and BMVD Products offered by any seller (to the extent we make available functionality to list such
products), we will determine the shipping and handling charges (and in either case you will accept the
charges as payment in full for your shipping and handling of such products). For Your Products that
are fulfilled using Fulfillment by Amazon, please refer to the Fulfillment by Amazon Service Terms.
S-1.4 Credit Card Fraud. We will bear the risk of credit card fraud (i.e., a fraudulent purchase
arising from the theft and unauthorized use of a third party's credit card information) occurring in
connection with Your Transactions except in connection with Seller-Fulfilled Products that are not
fulfilled strictly in accordance with the Order Information and Shipment Information. You will bear all
other risk of fraud or loss. We may in our sole discretion withhold for investigation, refuse to process,
restrict shipping destinations for, stop and/or cancel any of Your Transactions. You will stop or cancel
orders of Your Products if we ask you to do so. If you have already transferred Your Products to a
carrier or shipper when we ask you to stop or cancel an order, you will use commercially reasonable
efforts to stop or cancel delivery of that order. You will refund any customer (in accordance with
Section S-2.2) that has been charged for an order that we stop or cancel.
S-2 Sale and Fulfillment; Refunds and Returns.
S-2.1 Sale and Fulfillment. Other than as described in the Fulfillment by Amazon Service Terms for
each Amazon Site for which you register or use the Selling on Amazon Service, you will: (a) source,
offer, sell and fulfill your Seller-Fulfilled Products, and source and, offer and sell your Amazon-Fulfilled
Products, in each case in accordance with the terms of the applicable Order Information, this
Agreement, and all terms provided by you or us and displayed on the applicable Amazon Site at the
time of the order and be solely responsible for and bear all risk for those activities; (b) package each
of Your Products in a commercially reasonable manner and ship each of Your Products on or before its
Expected Ship Date; (c) retrieve Order Information at least once each business day; (d) only cancel
Your Transactions as permitted pursuant to your terms and conditions appearing on the applicable
Amazon Site at the time of the applicable order or as may be required under this Agreement; (e) fulfill
Your Products throughout the Elected Country (except to the extent prohibited by Law or this
Agreement); (f) provide to Amazon information regarding fulfillment and order status and tracking (to
the extent available), in each case as requested by us using the processes designated by us, and we
may make any of this information publicly available; (g) comply with all Street Date instructions; (h)
ensure that you are the seller of each of Your Products; (i) include an order-specific packing slip, and,
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if applicable, any tax invoices, within each shipment of Your Products; (j) identify yourself as the seller
of each of Your Products on all packing slips or other information included or provided in connection
with Your Products and as the Person to which a customer may return the applicable product; and (k)
except as expressly permitted by this Agreement, not send customers emails confirming orders or
fulfillment of Your Products. If any of Your Products are fulfilled using Fulfillment by Amazon, the
Fulfillment by Amazon Service Terms for the applicable Amazon Site will apply to the storage,
fulfillment and delivery of such Amazon-Fulfilled Products.
S-2.2 Cancellations, Returns and Refunds. For all of Your Products that are not fulfilled using
Fulfillment by Amazon, you will accept and process cancellations, returns, refunds and adjustments in
accordance with this Agreement and the Amazon Refund Policies for the applicable Amazon Site
published at the time of the applicable order, and we may inform customers that these policies apply
to Your Products. Except as otherwise described in the Program Policies, you will determine and
calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or
other charges) or other amounts to be paid by you to customers in connection with Your Transactions,
using functionality we enable for your account. This functionality may be modified or discontinued by
us at any time without notice. You will route all payments to customers in connection with Your
Transactions through Amazon. We will provide those payments to the customer (which may be in the
same payment form originally used to purchase Your Product), and you will reimburse us for all
amounts we pay. For all of Your Products that are fulfilled using Fulfillment by Amazon, the Amazon
Refund Policies for the applicable Amazon Site published at the time of the applicable order will apply
and you will comply with them. You will promptly provide refunds and adjustments that you are
obligated to provide under the applicable Amazon Refund Policies and as required by Law, and in no
case later than thirty (30) days after the obligation arises.
S-3 Problems with Your Products.
S-3.1 Delivery Errors and Nonconformities; Recalls. You are solely responsible for any non-
performance, non-delivery, misdelivery, theft or other mistake or act in connection with the fulfillment
of Your Products, except to the extent caused by: (a) credit card fraud for which we are responsible
under Section S-1.4; or (b) our failure to make available to you Order Information as it was received
by us or resulting from address verification. Notwithstanding the previous sentence, for those of Your
Products that are fulfilled using Fulfillment by Amazon, if any, the Fulfillment by Amazon Service
Terms for the applicable Amazon Site will apply to non-delivery, misdelivery, theft or other mistake or
act in connection with the fulfillment of those of Your Products. You are also responsible for any non-
conformity or defect in, or any public or private recall of, any of Your Products or other products
provided in connection with Your Products. You will notify us promptly as soon as you have knowledge
of any public or private recalls of Your Products or other products provided in connection with Your
Products.
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S-3.2 A-to-z Guarantee and Chargebacks. If we inform you that we have received a claim under
the "A-to-z Guarantee" offered on a particular Amazon Site, or any chargeback or other dispute,
concerning one of Your Transactions, you will deliver to us within seven (7) days after request by us:
(a) proof of fulfillment of Your Product(s) (as applicable); (b) the applicable Amazon order
identification number; (c) a description of Your Product(s) (as applicable); and (d) any terms provided
by you or us and displayed on the Amazon Site at the time of the transaction in question. If you fail to
comply with the prior sentence, or if the claim, chargeback, or dispute is not caused by: (i) credit card
fraud for which we are responsible under Section S-1.4; or (ii) our failure to make your Order
Information available as the same was received by us or resulting from address verification, then you
will promptly reimburse us in accordance with the Service Fee Payments section of this Agreement for
the amount of the customer purchase (including the Purchase Price, all associated shipping and
handling charges and all taxes, but excluding any associated Referral Fees retained and not subject to
refund by Amazon) and all associated credit card association, bank or other payment processing, re-
presentment and/or penalty fees associated with the original purchase and any chargeback or refund,
in each case to the extent paid or payable by us or our Affiliates. If the Elected Country is Japan and
we receive a claim under the "A-to-z Guarantee" concerning one of Your Transactions and we
determine that we are responsible for that claim then we will purchase the returned products from the
customer.
S-4 Parity with Your Sales Channels.
Subject to this Section S-4, you are free to determine which of Your Products you wish to offer on a
particular Amazon Site. You will maintain parity between the products you offer through Your Sales
Channels and the products you list on any Amazon Site by ensuring that : (a) the Purchase Price and
every other term of offer or sale of Your Product (including associated shipping and handling charges,
Shipment Information, any "low price" guarantee, rebate or discount, any free or discounted products
or other benefit available as a result of purchasing one or more other products, and terms of
applicable cancellation, return and refund policies) is at least as favorable to Amazon Site users as the
most favorable terms upon which a product is offered or sold via Your Sales Channels (excluding
consideration of Excluded Offers); (b) customer service for Your Products is at least as responsive and
available and offers at least the same level of support as the most favorable customer services offered
in connection with any of Your Sales Channels (this requirement does not apply to customer service
for payment-related issues on Your Transactions, which we will provide); and (c) the Content, product
and service information and other information under Section S-1.1 regarding Your Products that you
provide to us is of at least the same level of quality as the highest quality information displayed or
used in Your Sales Channels. If you become aware of any non-compliance with (a) above, you will
promptly compensate adversely affected customers by making appropriate refunds to them in
accordance with Section S-2.2. For Amazon-Fulfilled Products, if the shipping and handling charges
associated with the sale and fulfillment of any of Your Products offered on an Amazon Site are
included (and not separately stated) in the item price listed for Your Product (collectively a "Shipping
Inclusive Purchase Price"), then the parity obligation in (a) above will be satisfied if the Shipping
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Inclusive Purchase Price and each other term of offer or sale for the product on the Amazon Site are at
least as favorable to Amazon Site users as the purchase price and each other term of offer or sale for
the product (including any and all separately stated shipping and handling charges) pursuant to which
the product or service is offered or sold via any of Your Sales Channels.
S-5 Compensation.
You will pay us: (a) the applicable Referral Fees; (b) any applicable Variable Closing Fee; (c) the non-
refundable Selling on Amazon Subscription Fee in advance each month; and (d) any other applicable
fees described in this Agreement (including any applicable Program Policies). "Selling on Amazon
Subscription Fee" means the fee specified as such on the Selling on Amazon Fee Schedule for the
applicable Amazon Site at the time such fee is payable. With respect to each of Your Transactions: (i)
"Sales Proceeds" has the meaning set out in this Agreement; (ii) "Variable Closing Fee" means
the applicable fee, if any, as specified on the Variable Closing Fee Schedule for the applicable Amazon
Site; and (iii) "Referral Fee" means the applicable fee based on the Sales Proceeds from Your
Transaction through the applicable Amazon Site specified on the Selling on Amazon Fee Schedule for
that Amazon Site at the time of Your Transaction, based on the categorization by Amazon of the type
of product that is the subject of Your Transaction; provided, however, that Sales Proceeds will not
include any shipping charges set by us in each of the following two cases: (y) in the case of Your
Transactions that consist solely of products fulfilled using Fulfillment by Amazon; and (z) in the case of
Media Products.
S-6 Remittance of Sales Proceeds & Refunds.
Except as otherwise stated in this Agreement, we will remit to you on a bi-weekly (14 day) (or at our
option, more frequent) basis, which may vary for each Elected Country, any Sales Proceeds received
by us or our Affiliates but not previously remitted to you as of the date that is two (2) business days
prior to the date of remittance (the "Remittance Calculation Date") (which you will accept as
payment in full for Your Transactions), less: (a) the Referral Fees; (b) the applicable Variable Closing
Fee; (c) any Selling on Amazon Subscription Fees; and (d) any other applicable fees described in this
Agreement (including any applicable Program Policies). When you either initially provide or later
change Your Bank Account information, the Remittance Calculation Date may be deferred by up to 14
days. You will not have the ability to initiate or cause payments to be remitted to you. For sellers that
registered after October 30, 2011 and are on the Individual selling plan, the remittance amount will
not include Sales Proceeds from the 14-day period before the date of remittance. If you refund money
to a customer in connection with one of Your Transactions, and the refund is routed through us (or our
Affiliate), on the next available Remittance Calculation Date we will refund to you the amount of the
Referral Fee paid by you to us attributable to the amount of the customer refund (including refunded
taxes and customs duties only to the extent specified in the applicable Tax Policies), less the Refund
Administration Fee for each of Your Products refunded that is not a BMVD Product, which amount we
may retain as an administrative fee; provided, however, that in the case of a complete refund of Sales
19
Proceeds for a Media Product, we will refund to you the full amount of any Variable Closing Fee paid
by you to us (and in the case of a partial refund of Sales Proceeds for a Media Product, we will not
refund to you any portion of any Variable Closing Fee paid by you to us). We will remit any amounts to
be refunded by us pursuant to this subsection from time to time together with the next remittance to
be made by us to you.
S-7 Control of Amazon Sites.
We have the right in our sole discretion to determine the content, appearance, design, functionality
and all other aspects of the Amazon Sites, including by redesigning, modifying, removing or restricting
access to any of them, and by suspending, prohibiting or removing any listing.
S-8 Effect of Termination.
Upon termination of these Selling on Amazon Service Terms in connection with a particular Amazon
Site, all rights and obligations of the Parties under these Selling on Amazon Service Terms with regard
to such Amazon Site will be extinguished, except that the rights and obligations of the Parties with
respect to Your Transactions occurring during the Term will survive the termination or expiration of
the Term.
Selling on Amazon Definitions
"Amazon-Fulfilled Products" means any of Your Products that are fulfilled using the Fulfillment by
Amazon Service.
"Amazon Refund Policies" means the return and refund policies published on the applicable
Amazon Site and applicable to products and services offered via that Amazon Site.
"BMVD Product" means any book, magazine or other publication, sound recording, video recording,
and/or other media product in any format, including any subscription, in each case excluding any
software product, computer game, and/or video game.
"Excluded Offer" means any discount, rebate, promotional offer, or other term of offer and/or sale
that you: (a) have attempted to make available through a particular Amazon Site but that we do not
honor or support (but only until such time as we honor or support the same on such Amazon Site); or
(b) make available solely to Third Parties that either (i) purchase products solely for resale and who
are not end users of such products (i.e., wholesale purchasers), or (ii) if the Elected Country is either
Canada or the United States, have affirmatively elected and opted-in to participate in your or one of
your Affiliates' membership-based customer loyalty or customer incentive programs.
"Expected Ship Date" means, with respect to any of Your Products, either: (a) the end of the
shipping availability period (which begins as of the date on which the relevant order is placed by the
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customer), or the shipping availability date, as applicable, specified by you in the relevant
inventory/product data feed for Your Product; or (b) if you do not specify shipping availability
information in such inventory/product data feed or that Your Product is in a product category that
Amazon designates as requiring shipment within two (2) business days, two (2) business days after
the date on which the relevant order is placed by the customer.
"Media Product" means any book, magazine or other publication, sound recording, video recording,
software product, computer game, videogame, or other media product in any format, including any
related subscription, offered through an Amazon Site.
"Purchase Price" means the total amount payable or paid for Your Product (including taxes and
shipping and handling charges only to the extent specified in the applicable Tax Policies).
"Refund Administration Fee" means the applicable one of the following:
the lesser of Five Canadian Dollars ($5) or twenty percent of the applicable Referral Fee (if
the Amazon Site is the CA Amazon Site),
the lesser of Five Hundred Japanese Yen (¥500) or ten percent of the applicable Referral
Fee (if the Amazon Site is the JP Amazon Site),
the lesser of Five U.S. Dollars ($5) or twenty percent of the applicable Referral Fee (if the
Amazon Site is the US Amazon Site).
"Remittance Calculation Date" is defined in Section S-6.
"Required Product Information" means, with respect to each of Your Products in connection with a
particular Amazon Site, the following (except to the extent expressly not required under the applicable
Program Policies): (a) description, including as applicable, location-specific availability and options,
scheduling guidelines and service cancellation policies; (b) SKU and UPC/EAN/JAN numbers, and other
identifying information as Amazon may reasonably request; (c) information regarding in-stock status
and availability, shipping limitations or requirements, and Shipment Information (in each case, in
accordance with any categorizations prescribed by Amazon from time to time); (d) categorization
within each Amazon product category and browse structure as prescribed by Amazon from time to
time; (e) digitized image that accurately depicts only Your Product, complies with all Amazon image
guidelines, and does not include any additional logos, text or other markings; (f) Purchase Price; (g)
shipping and handling charge (in accordance with our standard functionality); (h) any text,
disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in
connection with the offer, merchandising, advertising or sale of Your Product; (i) any vendor
requirements, restocking fees or other terms and conditions applicable to such product that a
customer should be aware of prior to purchasing the product; (j) brand; (k) model; (l) product
dimensions; (m) weight; (n) a delimited list of technical specifications; (o) SKU and UPC/EAN/JAN
numbers (and other identifying information as we may reasonably request) for accessories related to
21
Your Product that is available in our catalog; (p) the state or country Your Product ships from; and (q)
any other information reasonably requested by us (e.g., the condition of used or refurbished
products).
"Seller-Fulfilled Products" means any of Your Products that are not fulfilled using the Fulfillment by
Amazon Service.
"Shipment Information" means, with respect to any of Your Products, the estimated or promised
shipment and delivery date.
"Street Date" means the date(s), if any, specified by the manufacturer, distributor and/or licensor of
a product as the date before which specified information regarding such product (e.g., title of a book)
should not be disclosed publicly, or such product should not be delivered or otherwise made available
to customers.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string,
that contains or incorporates any top level domain (e.g., .com, .edu, .ca, .fr, .jp) or any variation of a
top level domain (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the General Terms of this Agreement; however, as used in these
Selling on Amazon Service Terms, it means any and all such transactions through Selling on Amazon
only.
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Webstore Service Terms
Amazon Webstore (which, for purposes of this Agreement, includes Webstore by Amazon, unless
specifically stated otherwise) (the "Webstore Service") provides access to and use of an e-
commerce website through which you can offer and sell Your Products (a "Webstore Site"). The
Webstore Service is not currently available in Canada or Japan.
These Webstore Service Terms are part of this Agreement, and, unless specifically provided otherwise,
concern and apply only to your participation in the Webstore Service. BY REGISTERING FOR OR
USING THE WEBSTORE SERVICE, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU
REPRESENT) AGREE TO BE BOUND BY THE AGREEMENT, INCLUDING THESE WEBSTORE SERVICE
TERMS.
W-1 Listing and Promotion.
Each sale of Your Products through your Webstore Site is a sale by you. You will determine what is for
sale on your Webstore Site, but you may not list any product on the Webstore Site that is an Excluded
Product. You will ensure that you list all of Your Products in accordance with this Agreement, including
any applicable Program Policies.
W-2 Information.
You will provide in the format we require accurate and complete Webstore Required Product
Information and all other information requested by us to process payments for you and to otherwise
operate your Webstore Site. You will update such information as necessary to ensure it at all times
remains accurate and complete. If you provide us with any images of Your Product, you will, unless we
otherwise agree, first remove any logos, text or other marking included on the image except for any
logos, text or other marking that actually appears on the product. You will either: (a) upload to us the
"shipping confirmation files" as required by us, including all shipment notification, shipping status and
order tracking information requested by us from time to time, and any other information as requested
by us to process payments based on Your Product shipment status; provided, that if you are using
Fulfillment by Amazon to fulfill any of your customer orders, the Fulfillment by Amazon Service Terms
will apply with respect to such orders; or (b) use the Manage Your Orders tool in Seller Central to
manage and upload the required "shipping confirmation files" from Seller Central. We may provide this
shipment and payment related information to users of the Webstore Site. We will make available
certain information and reports relating to Your Transactions as we determine and have no obligation
to make available any other information. We may use mechanisms that rate, or may allow users to
rate, your performance as a seller, and may post those ratings and feedback on the Webstore Site or
any Amazon Site or otherwise make it publicly available. Any use on your Webstore Site of content
displayed on an Amazon Site, or links to an Amazon Site, will be subject to the terms of the Amazon
Associates Operating Agreement.
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W-3 Your Product Transactions.
W-3.1 General; Sale and Fulfillment. You will be solely responsible for, and bear all risk and
liability for, sourcing, storing, selling, and fulfilling all of Your Products. As such, you are responsible
for any non-conformity or defects in, damage to, or theft of or claims regarding the delivery or non-
delivery of Your Products. You will handle such responsibilities, and agree to complete transactions for
the items that you have listed in accordance with these Webstore Service Terms and applicable
Program Policies. Notwithstanding anything in this Section W-3.1, for those of Your Products that are
fulfilled using Fulfillment by Amazon (if any), the Fulfillment by Amazon Service Terms will apply to
our storage, fulfillment and delivery of Your Products. All sales of Your Products on or through the
Webstore Site will be final and may not be cancelled or revoked by you except pursuant to the
applicable terms and conditions that appear on the Webstore Site.
W-3.2 Order and Payment Processing. We will process all payments, refunds and adjustments for
Your Transactions. Amazon's, or one of its Affiliates', name will appear on the customer's credit card
statement (which may also display, at our option, your name). We will determine the time at which we
process payments, refunds and adjustments for Your Transactions in our sole discretion. However, you
are always the seller of record. We may withhold for investigation, or refuse to process, any of Your
Transactions. We do not need to accept any particular form of order or payment for Your Product, or
honor or accept any discounts, coupons, gift certificates, or other offers or incentives made available
by you. We may in our sole discretion withhold for investigation or to refuse to process any
transaction involving Your Products or any other products or services on or through the Webstore Site.
We may use the services of one or more third party, processors or financial institutions in connection
with the Webstore Service (each, a "Processor"). If total Sales Proceeds from Your Transactions
exceed $20,000 per month for any three consecutive months, you agree to the additional terms and
conditions between you and the Processor(s) as provided in the Credit Card Association Agreement. If
you have entered into a separate agreement with one of our Affiliates that governs order and payment
processing in connection with Your Transactions, you will be subject to the terms of that agreement
notwithstanding anything to the contrary in this Agreement.
W-3.3 Fraud and Order Stops/Cancellations. We will bear the risk of credit card fraud (i.e.
fraudulent purchases arising from the theft and unauthorized use of a third party's credit card
information) occurring in connection with Your Transactions, except with respect to Your Transactions
that you do not fulfill in accordance with the Order Information made available to you by us (including
shipping Your Product only to the recipient and at the shipping address specified in the Order
Information made available by Amazon), and you will bear all other risk of fraud or loss. You will
promptly inform us of any changes to the product mix of Your Products or any pattern of fraudulent or
other improper activities with respect to any of Your Product(s) that has resulted or may result in a
higher incidence of fraud or other impropriety associated with transactions involving it (or them) than
other similar products. You will stop or cancel orders of Your Products if we so direct (and if the
customer has already been charged, you will execute the refunds for these orders) and will provide to
24
us telephone and email contact information for a designated contact available during business hours
whom we can contact regarding fraud, order stops and cancellations and similar concerns, who will
cooperate with us and who has access and ability promptly to cancel or stop orders from being
shipped. We may restrict destinations to which you may ship Your Products sold on or through any
Webstore Site.
W-3.4 Refunds and Returns. Except for those of Your Products, if any, that are fulfilled using
Fulfillment by Amazon (in which case the Fulfillment by Amazon Service Terms will apply), you will
accept and process returns of, and (using the functionality we make available to you) provide refunds
and adjustments for, Your Products in accordance with these Webstore Service Terms and your
policies posted on the Webstore Site at the time of the applicable sale, and you will calculate and
refund any associated taxes required to be refunded. You will route all refund (and adjustment)
payments through Amazon or its designated Affiliate. Amazon or its designated Affiliate will credit the
applicable customer account, and you will reimburse Amazon for all amounts so credited. The
functionality we make available to you for processing returns and adjustments may be modified or
discontinued by us at any time without notice and is subject to the terms of this Agreement. Except
for those of Your Products, if any, that are fulfilled using Fulfillment by Amazon (in which case the
Fulfillment by Amazon Service Terms will apply), we have no obligation to accept any returns of any of
Your Products.
W-3.5 Delivery Errors and Nonconformities; Product Recalls. You are responsible for any non-
delivery, misdelivery, theft or other mistake or act in connection with the fulfillment of Your Products,
except to the extent caused by (a) credit card fraud for which we are responsible under Section W-
3.3; or (b) our failure to make available to you Order Information as it was received by us or resulting
from address verification. Notwithstanding the previous sentence, for those of Your Products that are
fulfilled using Fulfillment by Amazon (if any), the Fulfillment by Amazon Service Terms will apply to
non-delivery, misdelivery, theft or other mistake or act in connection with the fulfillment of those of
Your Products. You are also responsible for any non-conformity or defect in, or any public or private
recall of, any of Your Products. You will notify us promptly as soon as you have knowledge of any
public or private recalls of Your Products.
W-3.6 A-to-z Guarantee and Chargebacks. If we inform you that we have received a claim under
the "A-to-z Guarantee" (or any substantially consistent offer), or any chargeback or other dispute,
concerning one of Your Transactions, you will deliver to us within seven (7) days: (a) proof of delivery
of the applicable Your Product(s); (b) the applicable Amazon order identification number; and (c) a
description of the applicable Your Product(s). If you fail to comply with the prior sentence, or if the
claim, chargeback, or dispute is not caused by (i) credit card fraud for which we are responsible under
Section W-3.3, or (ii) our failure to make your Order Information available as the same was received
by us or resulting from address verification, then you will promptly reimburse us for the amount of the
customer purchase (including the Purchase Price, all associated shipping and handling charges and all
taxes) and all associated credit card association, bank or other payment processing, re-presentment
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and/or penalty fees associated with the original purchase and any chargeback or refund, in each case
to the extent paid or payable by us or our Affiliates. We may require that you establish a separate
reserve account (a "Reserve") to secure the performance of your payment obligations under this
Agreement, in an amount as determined by us. Without limiting the foregoing, we may require a
Reserve if you have a high rate of chargebacks, refunds, or other indicia of performance problems
related to your use of the Webstore Service. The Reserve will be in an amount as determined by us to
cover anticipated chargebacks or credit risk based on your processing history or such amount
designated by our Processor(s) and the Reserves will be subject to the Transaction Processing Service
Terms (if the Elected Country for a Service is the United States).
W-4 Customer Service.
W-4.1 General. The provisions in this Section W-4 apply only in connection with sales of Your
Products through the Webstore Site that are not fulfilled using Fulfillment by Amazon. For customer
service obligations pertaining to orders of Your Products using the Selling on Amazon Service or orders
of Your Products fulfilled using Fulfillment by Amazon, the Service Terms applicable to those Services
will apply. You will refer customer issues to us according to the responsibilities below, in a timely,
professional and courteous manner and at the applicable "Contact Us" form, email address and/or
phone number provided for such purpose by us. You will not establish direct phone or email transfer
functionality of customer service contacts to us, forward customer emails to us, or disclose our
customer service contact information unless in response to a customer contact concerning a customer
service issue for which we are responsible under these Webstore Service Terms.
W-4.2 Our Customer Service Responsibilities. As between you and us, we will be solely
responsible for all customer service issues relating to payment, credit card processing, debiting or
crediting, and the "A-to-z Guarantee".
W-4.3 Your Customer Service Responsibilities. Unless provided otherwise elsewhere in these
Webstore Service Terms, you will be solely responsible for all customer service issues relating to Your
Products (including pricing, rebates, item information, availability, technical support, functionality and
warranty), Your Product order fulfillment and shipping and handling, Your Product order cancellation
by you or any customer, returns, refunds and adjustments, and feedback concerning experiences with
your personnel, policies or processes. In performing customer service, you will always present yourself
as a separate entity from us.
W-5 Data and Communications. We and you will co-own all the Customer Account Information and
Webstore Transaction Information. Neither you nor we will need to pay any royalties or account to the
other in connection with your or our use of any Customer Account Information or Webstore
Transaction Information. You and your Affiliates will: (a) at all times comply with all Laws, including
any Law related to the use of this type of information; and (b) comply with any applicable policies
posted on the Webstore Site regarding use of this transaction and customer data. We are not liable for
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protection or privacy of electronic mail or other information transferred through the Internet or any
other network you or your customers may utilize, including without limitation in connection with the
provision of the Webstore Service; or the back up of any of your files or data.
W-6 Pricing and Remittance.
W-6.1 Your Product Pricing and Terms of Sale Generally. You are free to determine the price for
each of Your Products listed for sale on your Webstore Site.
W-6.2 Shipping & Handling Charges. You will determine shipping and handling charges for Your
Products sold on or through the Webstore Site, but will comply with any shipping and handling charge
Program Policies. If Your Product is fulfilled using Fulfillment by Amazon, this section will not apply and
the Fulfillment by Amazon Service Terms will apply.
W-6.3 Remittance and Compensation.
W-6.3.1 Fees. You will pay us: (a) applicable Webstore Referral Fees; and (b) the applicable non-
refundable Webstore Subscription Fee(s) in advance for each month of the term of this Agreement.
"Webstore Subscription Fee" means the applicable fee(s) specified on the Webstore Fee Schedule
at the time such fee is payable. With respect to each of Your Transactions: (i) "Sales Proceeds" has
the meaning set out in the General Terms of this Agreement; and (ii) "Webstore Referral Fee"
means the applicable percentage of Sales Proceeds from Your Transaction through the Webstore Site
specified on the Webstore Fee Schedule at the time of Your Transaction.
W-6.3.2 Remittance of Sales Proceeds. We will remit to you on a bi-weekly (14-day) (or at our
option, more frequent) basis any Webstore Sales Proceeds received by us but not previously remitted
to you as of the date that is two (2) business days prior to the date of remittance (the "Remittance
Calculation Date"), less: (a) the Webstore Referral Fees due for such sums; and (b) any Webstore
Subscription Fees due. You will accept our remittances under the previous sentence as payment in full
for the sale and shipping and handling of Your Products.
W-6.3.3 Refunds. If you refund money to a customer in connection with Your Transaction, and the
refund is routed through us, we will refund to you the amount of the Webstore Referral Fee paid by
you to us attributable to the amount of the customer refund (excluding any refunded taxes), less the
lower of (a) five dollars ($5); or (b) twenty percent (20%) of the Webstore Referral Fee, which we
may retain as an administrative fee. We will remit any amounts to be refunded by us under this
subsection from time to time together with the next remittance to be made by us to you pursuant to
subsection W-6.3.1 above.
W-7 Provision and Use of the Webstore Service.
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W-7.1 License to the Webstore Service and Amazon Materials. Subject to this Agreement
(including, but not limited to, Section W-7.2 (License Restrictions) and Section W-7.5 (Messaging), we
grant you a limited, revocable, non-sublicenseable, non-assignable, non-exclusive and royalty-free
license to: (a) access and use the Webstore Service and the Amazon Materials in the manner
permitted by this Agreement; (b) install, copy, and use any Amazon Materials we may provide, solely
in conjunction with your access to and use and operation of your Webstore Site; (c) use the Amazon
Marks solely in conjunction with your use and operation of your Webstore Site and solely in
accordance with the Trademark Usage Guidelines; and (d) enable the access to and use of your
Webstore Site by customers.
W-7.2 License Restrictions. You may not and may not authorize any other party to do the following
to or with the Webstore Service, the Webstore Site or the Amazon Materials: (a) reverse engineer,
decompile, or disassemble them; (b) modify or create derivative works based upon them in whole or
in part; (c) distribute copies of them; (d) remove any proprietary notices or labels on them; (e) use
any Public Software in any manner that requires, pursuant to the license applicable to such Public
Software, that the Webstore Service or any Amazon Materials be disclosed, licensed, distributed or
otherwise made available to anyone; or (f) resell, lease, rent, transfer, sublicense, or otherwise
transfer rights to them. In addition to any other rights or remedies that we may have, any use in
violation of this section will immediately terminate your right to use the Webstore Service, the
Webstore Site, the Amazon Materials, and the Amazon Marks.
W-7.3 Ownership; Reservation of Rights. You acknowledge and agree that we (or our licensors, as
applicable) own all right, title and interest in and to the Webstore Service, the Amazon Materials, and
Amazon Marks, and, except as explicitly included in this Agreement, you do not, by virtue of this
Agreement or otherwise, acquire any ownership interest or rights in or to the Webstore Service, the
Amazon Materials, any Amazon Marks, or any other intellectual property or technology that we provide
or use in connection with the Webstore Service. All licenses not expressly granted in these Webstore
Service Terms are reserved and no other licenses, immunity or rights, express or implied are granted
by us, by implication, estoppels or otherwise.
W-7.4 URLs.
W-7.4.1 General. Except as provided in Section W-7.4.2, you will be responsible for securing all
rights to the URL(s) for the Webstore Site, including maintaining the registration for the URLs with
your domain name registrars. You will comply with our requirements regarding the URL(s) and its
administration with the registrar so that we can provide the Webstore Service to you. You represent
and warrant that the URLs used in connection with the Webstore Site does not violate any intellectual
property rights or any other proprietary rights of any person. Except in connection with any URL
provided by us as described in Section W-7.4.2, you will not include "amazon", or any other Amazon
Mark or any variation or similar misspelling in any URL used in connection with the Webstore Site, or
otherwise.
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W-7.4.2 Amazon Provided URL. We may provide you with a URL to use in connection with your
Webstore Site. If you choose to use it you will comply with our requirements for its administration.
W-7.5 Messaging. We will have the right to determine the use of any Amazon Marks and any
messaging or notice on the Webstore Site, for example, we will control how our role in processing
orders and payments is explained to the customer, and (if applicable) how our "A-to-z Guarantee" is
described. The Webstore Site will also display privacy and customer account use and creation
messaging, which will include any terms we may require. At a minimum, you will ensure that your
privacy policy discloses that you use third party service providers to provide your Webstore Site and
that your third party service providers will have access to customer information. Should we allow or
require you to include any Amazon Marks or messaging, you will do so strictly in accordance with
instructions we provide to you.
W-8 Effect of Termination.
Upon any termination of the term of this Agreement or these Webstore Service Terms, all rights and
obligations of the parties under these Webstore Service Terms will terminate, except that: the rights
and obligations of the parties under Sections W-2, W-3, W-4, W-5, W-6 and W-8 with respect to Your
Transactions occurring prior to termination will survive such termination. Upon any termination of the
term of this Agreement or these Webstore Service Terms, you will immediately cease and discontinue
all use of the Amazon Marks.
W-9 Miscellaneous.
Your Representations; Compliance with Laws. In addition to your representation and warranties
in Section 5 of the General Terms of this Agreement, you represent and warrant to us that: (a) all of
Your Products and their packaging comply and will comply with all applicable marking and labeling
requirements required by law; (b) none of Your Products are or will be produced or manufactured, in
whole or in part, by child labor or by convict or forced labor; (c) you and all of your subcontractors,
agents and suppliers involved in producing or delivering Your Products will strictly adhere to all
applicable Laws of the Elected Country, its territories and all other countries where Your Products are
produced or delivered, regarding the operation of their facilities and their business and labor practices,
including without limitation working conditions, wages, hours and minimum ages of workers; (d) you
will not, unless we otherwise agree, redirect any customers or prospective customers from the
Webstore Site to any other sales channel, and will not use the Webstore Service for any purpose other
than the offer or sale of Your Products as contemplated in this Agreement; (e) Your Materials, Your
Products and your offer and subsequent sale of any of the same complies with all applicable Laws
(including all marking and labeling requirements) and do not contain any defamatory, obscene or
sexually explicit materials (except to the extent expressly permitted under applicable Program
Policies); (f) you will ensure that Your Transactions are made at no less than fair value under the
antidumping laws of the United States and will otherwise comply with the antidumping laws of the
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United States, its territories and of all other countries where Your Products are produced, delivered, or
intended to be sold; (g) in connection with the Webstore Service or your Webstore Site, you will not
separately ask for or require any customers or prospective customers to provide any credit card, debit
card, bank account, or other information related to a payment method; and (h) you will not, without
our prior consent, use any third party payment service for the processing of payments for transactions
associated with your Webstore Site.
Webstore Definitions
"Amazon Functionality" means all techniques, know-how, features and functionality specific to
development of a website presence to display products loaded into the Amazon platform, including the
following features and functions: search, browse, product detail display, shopping cart and credit card
transaction processing, order/account lookup, and storefront administration & merchandising.
"Amazon Mark" is defined in the Trademark Usage Guidelines.
"Amazon Materials" means: (a) the Amazon Functionality (including, without limitation, all related
techniques, know-how, algorithms, materials, specifications and source code ); and (b) all Webstore
Service-related product information, APIs, and any distinctive trade dress and trade styles (including,
without limitation, color schemes), proprietary fonts, and the design, formatting, organization and
structure of screens and other elements included within the Webstore Site.
"Amazon Product" means any products that are sold and fulfilled by Amazon (or one of its Affiliates)
on its own behalf.
"Amazon Transaction" means the sale of any Amazon Product through the Webstore Site for which
Amazon (or its Affiliate) receives Amazon Transaction Revenues.
"Amazon Transaction Revenues" means: (a) the aggregate revenues (excluding taxes, bad debt,
gift-wrapping charges, shipping and handling charges, or services charges and credit card processing
fees) derived by Amazon and its Affiliates from sales of Amazon Products through the Webstore Site
as provided in this Agreement; less (b) any revenues attributable to returned Amazon Products, if
such revenues previously were included in "Amazon Transaction Revenues".
"Customer Account Information" means the following non-transaction-specific information you

receive from Amazon prior to the expiration or termination of this Agreement with respect to customer
accounts created or otherwise used to purchase Your Products on the Webstore Site: customer name,
physical address, e-mail address and phone numbers. Notwithstanding the foregoing and for the
avoidance of doubt, Customer Account Information does not include: (a) any Webstore Transaction
Information; (b) any credit card, other account or identifying number of, or any other information
specifically concerning, any payment instrument or method; (c) sign-in credentials; (d) information
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that pertains specifically to functionality of the Webstore Site (e.g., personalization settings); or (e)
user clickstream information.
"Public Software" means any software, documentation or other material that contains, or is derived
(in whole or in part) from, any software, documentation or other material that is distributed as free
software, open source software (e.g., Linux) or similar licensing or distribution models, including, but
not limited to software, documentation or other material licensed or distributed under any of the
following licenses or distribution models, or licenses or distribution models similar to any of the
following: (a) the GNU General Public License (GPL); Lesser/Library GPL (LGPL), or Free
Documentation License; (b) The Artistic License (e.g., PERL); (c) the Mozilla Public License; (d) the
Netscape Public License; (e) the Sun Community Source License (SCSL); (f) the Sun Industry
Standards License (SISL); (g) the BSD License; and (h) the Apache License.
"Shipment Information" means, with respect to any of Your Products, the estimated or promised
shipment and/or delivery date.
"Webstore Required Product Information" means with respect to each of Your Products, the
following: (a) a description of Your Product; (b) the UPC code (unless we otherwise agree), SKU
number for Your Product, and any other identifying information about Your Product that we request;
(c) information regarding the in-stock status, shipping availability period or shipping availability date,
and Your shipping limitations or requirements (in each case, in accordance with any categorizations
we prescribe from time to time); (d) the categorization of Your Product within each applicable Amazon
browse structure that we prescribe from time to time; (e) a digitized image of Your Product (provided
that you will first remove any logos, text or other marking included on such image except to the
extent that such logos, text or other marking actually appear on Your Product); (f) the price for Your
Product; (g) any text, disclaimers, warnings, notices, labels or other content required by applicable
law to be displayed in connection with the offer, merchandising, advertising or sale of Your Product;
(h) any vendor requirements, restocking fees or other terms and conditions applicable to such product
that a customer should be aware of prior to purchasing the product; (i) brand; (j) model; (k) product
dimensions; (l) weight; (m) a delimited list of technical specifications; (n) UPC code and SKU number
(and other identifying information as Amazon may reasonably request) for accessories related to Your
Product that are available in Amazon's catalog; and (o) any other information we reasonably request
(e.g., the condition of used or refurbished products).
"Webstore Transaction Information" means the following information you receive from Amazon
associated with any orders of Your Product through your Webstore Site: total transaction amount;
order ID#; order item code; SKU; product name; quantity; price; and adjustments. Notwithstanding
the foregoing and for the avoidance of doubt, Webstore Transaction Information does not include: (a)
any Customer Account Information; (b) sign-in credentials; (c) user click-stream information; or (d)
any credit card or other account or identifying number of, or any other information specifically
concerning, any payment instrument or method.
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Fulfillment by Amazon Service Terms
Fulfillment by Amazon ("FBA") provides fulfillment and associated services for Your Products.
These FBA Service Terms are part of the Agreement, and, unless specifically provided otherwise,
concern and apply only to your participation in FBA. BY REGISTERING FOR OR USING FBA, YOU (ON
BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE
AGREEMENT, INCLUDING THESE FBA SERVICE TERMS. You expressly agree that Amazon may engage
its Affiliate(s) or a third party in order to complete one or more of the fulfillment and associated
services outlined below.
If the Elected Country is Japan, the following applies to you: Notwithstanding anything to the contrary
in the Agreement, if there should be any subject matter specified in the "Standard Storage Bailment
Terms and Conditions (Hyoujun Soko Kitaku Yakkan – Otsu)" that is not specified in the Agreement,
including these FBA Service Terms, upon your request, such provision will be determined by discussion
and mutual agreement of the parties.
Fulfillment Services
F-1 Your Products
Once you are accepted into FBA, you must apply to register each product you offer that you wish to
include in the FBA program. We may refuse registration in FBA of any product, including on the basis
that it is an FBA Excluded Product or that it violates applicable Program Policies. You may at any time
withdraw registration of any of Your Products from FBA.
F-2 Product and Shipping Information
You will, in accordance with applicable Program Policies, provide in the format we require accurate and
complete information about Your Products registered in FBA, and will provide Fulfillment Requests for
any Units fulfilled using FBA that are not sold through an Amazon Site ("Multi-Channel Fulfillment
Units"). You will promptly update any information about Your Products in accordance with our
requirements and as necessary so that the information is at all times accurate and complete.
F-3 Shipping to Amazon
F-3.1 Except as otherwise provided in Section F-3.4 and Section F-5, FBA is limited to Units that are
shipped to and from fulfillment centers located within the Elected Country, to be delivered to
customers in the Elected Country only. You will ship Units to us in accordance with applicable Program
Policies. You will be responsible for all costs incurred to ship the Units to the shipping destination
(including costs of freight and transit insurance) and Amazon will not pay any shipping costs except as
provided in Section F-3.2. You are responsible for payment of all customs, duties, taxes and other
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charges. In the case of any improperly packaged or labeled Unit, we may return the Unit to you at
your expense (pursuant to Section F-7) or re-package or re-label the Unit and charge you an
administrative fee.
F-3.2 You will not deliver to us, and we may refuse to accept, any shipment or Unsuitable Unit. We
may return or dispose of any Unsuitable Unit as provided in Section F-7 (and you will be deemed to
have consented to such action): (a) immediately if we determine in our sole discretion that the Unit
creates a safety, health or liability risk to Amazon, our personnel or any third party; (b) if you fail to
direct us to return or dispose of any Unsuitable Unit within thirty (30) days after we notify you that
the Unit has been recalled; or (c) except as otherwise provided in this Section F-3.2, if you fail to
direct us to return or dispose of any Unsuitable Unit within ninety (90) days after we notify you that
we are in possession of it. In addition, you will reimburse us for any expenses we incur in connection
with any Unsuitable Units.
F-3.3 If the Elected Country is the United States, we may, at our option, allow you to ship Units at
your expense (as described in Section F-9.2) to fulfillment centers using discounted shipping rates
that we may make available to you for certain carriers. In such event, you will use the processes and
supply the information that we require for you to obtain such discounted rates. You also must comply
with standard operating procedures, weight and size restrictions, and other shipping requirements of
the applicable carriers. If we provide you with the estimated shipping costs prior to shipment, you
acknowledge and agree that actual shipping costs may vary from such estimates. In addition, if the
weight of the Unit, as determined by the applicable carrier, differs from that submitted by you to us
for purposes of determining the estimated shipping costs, then: (a) you may be charged more than
the estimated shipping costs if the carrier determines that such Unit weighs more than as submitted
by you; or (b) you may be charged the full amount of the estimated shipping costs even if the carrier
determines the weight to be less than that submitted by you. You will not use our carrier account
information (e.g., carrier account number, amount of shipping rates, etc.) for any purpose, nor
disclose such information to any third party, and you will protect such information as Amazon's
confidential information in accordance with Section 11 of the General Terms of this Agreement. As
between you, us and our carrier, you will be the shipper of record, and we will be the payer of record
with respect to all Units shipped to us using such discounted rates. Title and risk of loss for any Unit
shipped using discounted rates provided by us under this Section will remain with you, and our
provision of such shipping rates will not create any liability or responsibility for us with respect to any
delay, damage or loss incurred during shipment. You authorize the applicable carrier to provide us
with all shipment tracking information.
F-3.4 If you ship Units from outside the Elected Country to fulfillment centers, you will list yourself as
the importer/consignee and nominate a customs broker. If Amazon is listed on any import
documentation, Amazon reserves the right to refuse to accept the Units covered by the import
documents and any costs assessed against or incurred by Amazon will be collected from Your Bank
Account, deducted from amounts payable to you, or by other method at our election.
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F-4 Storage
We will provide storage services as described in these FBA Service Terms once we confirm receipt of
delivery. We will keep electronic records that track inventory of Units by identifying the number of
Units stored in any fulfillment center. We will not be required to physically mark or segregate Units
from other inventory units (e.g., products with the same Amazon standard identification number)
owned by us, our Affiliates or third parties in the applicable fulfillment center(s). If we elect to
commingle Units with such other inventory units, both parties agree that our records will be sufficient
to identify which products are Units. We may move Units among facilities. If there is a loss of or
damage to any Units while they are being stored, we will, as your sole remedy, reimburse you in
accordance with the FBA Guidelines, and you will, at our request, provide us a valid tax invoice for the
compensation paid to you. If we reimburse you for a Unit, we will be entitled to dispose of the Unit
pursuant to Section F-7. This reimbursement is our total liability for any duties or obligations that we
or our agents or representatives may have as a bailee or warehouseman, and your only right or
remedy that you may have as a bailor. At all other times, you will be solely responsible for any loss of,
or damage to, any Units. Our confirmed receipt of delivery does not: (a) indicate or imply that any
Unit has been delivered free of loss or damage, or that any loss or damage to any Unit later
discovered occurred after confirmed receipt of delivery; (b) indicate or imply that we actually received
the number of Units of Your Product(s) specified by you for such shipment; or (c) waive, limit or
reduce any of our rights under this Agreement. We reserve the right to impose, and change from time
to time, scheduling restrictions and volume limitations on the delivery and storage of your inventory in
fulfillment centers, and you will comply with any of these restrictions or limitations.
F-5 Fulfillment
As part of our fulfillment services, we will ship Units from our inventory of Your Products to the
shipping addresses in the Elected Country included in valid customer orders, or submitted by you as
part of a Fulfillment Request. We may ship Units together with products purchased from other
merchants, including any of our Affiliates. We also may ship Units separately that are included in a
single Fulfillment Request. If you elect to participate in our export fulfillment services, we will also ship
Your Products that we determine to be eligible (each, a "Foreign-Eligible Product") to Foreign
Addresses within countries we determine to be eligible for foreign shipments, subject to the additional
terms on foreign shipments in the applicable FBA Guidelines.
F-6 Customer Returns
F-6.1 You will be responsible for and will accept and process returns of, and provide refunds and
adjustments for, any Multi-Channel Fulfillment Units in accordance with the Agreement (including the
applicable Program Policies).
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F-6.2 We will receive and process returns of any Amazon Fulfillment Units that were shipped to
addresses within the Elected Country in accordance with the terms of your Seller Agreement, these
FBA Service Terms and the Program Policies. Any Sellable Units that are also Amazon Fulfillment Units
and that are properly returned will be placed back into the inventory of Your Products in the FBA
Program. We may fulfill customer orders for Your Products with any returned Amazon Fulfillment
Units. Except as provided in Section F-7, you will retake title of all Units that are returned by
customers.
F-6.3 Except as provided in Section F-5, we will, at your direction, either return or dispose of any
Selling on Amazon Unit that is returned to us and that we determine is an Unsuitable Unit as provided
in Section F-7. Without limitation of our rights under Section F-7.1, we may elect to return or dispose
of that Unsuitable Unit as provided in Section F-7, and you will be deemed to have consented to our
election if you fail to direct us to return or dispose of the Unsuitable Unit within ninety (90) days after
we notify you of the Unsuitable Unit.
F-6.4 If Amazon receives a customer return of a Multi-Channel Fulfillment Unit, you will direct us to
return or dispose of the Unit at your own cost failing which we may dispose of the Unit as provided in
Section F-7.
F-7 Returns to You and Disposal
F-7.1 You may, at any time, request that Units be returned to you. We may return Units to you for
any reason, including upon termination of these FBA Service Terms. These returned shipments will be
sent to your designated shipping address that is within the Elected Country (or, at Amazon’s sole
discretion, your designated shipping address). If the address we have for you is outdated, incorrect or
outside the Elected Country, or if we cannot make arrangements for you to pay for the return
shipment, the Unit(s) will be deemed abandoned and we may elect to dispose of the Unit(s) as
provided in this Agreement.
F-7.2 You may, at any time, request that we dispose of Units. We may dispose of any Unit we are
entitled to dispose of in the manner we prefer. Title to each disposed Unit will transfer to us at no cost
to us as necessary for us to dispose of the Unit, and we will retain all proceeds, if any, received from
the disposal of any Unit.
F-7.3 You will promptly notify us of any recalls or threatened recalls of any of Your Products and
cooperate and assist us in connection with any recalls, including by initiating the procedures for
returning items to you under our standard processes. You will be responsible for all costs and
expenses you, we or any of our or your Affiliates incur in connection with any recall or threatened
recall of any of Your Products (including the costs to return, store, repair, liquidate or deliver to you or
any vendor any of these products).
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F-8 Customer Service
F-8.1 For Multi-Channel Fulfillment Units we will have no customer service obligations other than to
pass any inquiries to your attention at the contact you provide, and to make available a reasonable
amount of information regarding the status of the fulfillment of Your Products if you request it and if
and to the extent we possess the requested information. You will ensure that all of your policies and
messaging to your customers regarding shipping of Your Products and other fulfillment-related
matters, reflect our policies and requirements, including with regard to shipping methods, returns and
customer service; and, you will conspicuously display on your website(s), in emails or in other media
or communications any specific disclosures, messaging, notices, and policies we require.
F-8.2 We will be responsible for and have sole discretion regarding all customer service issues relating
to packaging, handling and shipment and customer returns, refunds and adjustments related to
Amazon Fulfillment Units. We will have the right to determine whether a customer will receive a
refund, adjustment or replacement for any Amazon Fulfillment Unit and to require you to reimburse us
where we determine you have responsibility in accordance with the Agreement (including these FBA
Service Terms and the Program Policies). Except as provided in this Section F-8 regarding any Amazon
Fulfillment Units, customer service will be handled in accordance with your Seller Agreement.
F-8.3 In situations relating to Amazon Fulfillment Units where the wrong item was delivered or the
item was damaged or lost or is missing, unless we determine that the basis for such request is caused
by you or any of your employees, agents or contractors, we will, as your sole and exclusive remedy
and at our option: (a) for any Amazon Fulfillment Unit, (i) ship a replacement Unit to the customer
and reimburse you in accordance with the FBA Guidelines for the replacement Unit, or (ii) process a
refund to the customer and reimburse you in accordance with the FBA Guidelines for the Unit; or (b)
for any Multi-Channel Fulfillment Unit, reimburse you in accordance with the FBA Guidelines for the
Unit (and you will, at our request, provide us a valid tax invoice for the compensation paid to you).
Any customer refund will be processed in accordance with the Selling on Amazon and the Transaction
Processing Service Terms (if the Elected Country for a Service is the United States). Notwithstanding
the Selling on Amazon Service Terms, we will be entitled to retain the applicable fees payable to us
under the Selling on Amazon Service Terms and these FBA Service Terms, respectively. Except as
expressly provided in this Section F-8.3, you will be responsible for all costs associated with any
replacement or return.
F-8.4 If we provide a replacement Unit or refund as described in Section F-8.3 to a customer and that
customer returns the original Unit to us, we will be entitled to dispose of the Unit pursuant to Section
F-7, or, if it is a Sellable Unit, we may, at our option, place such Unit back into your inventory in
accordance with Section F-6. If we do put a Unit back into your inventory, you will reimburse us for
the applicable Replacement Value (as described in the FBA Guidelines) of the returned Unit. Any
replacement Unit shipped by us under these FBA Service Terms will be deemed to be, and will be
treated in the same manner as, an order and sale of such Unit from you to the customer via the
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applicable Amazon Site or Service in accordance with, and subject to, the terms and conditions of this
Agreement and your Seller Agreement.
F-9 Compensation for Fulfillment Services
F-9.1 Handling and Storage Fees. You will pay us the applicable fees described in the applicable
Fulfillment by Amazon Fee Schedule. You will be charged the Storage Fees beginning on the day (up
to midnight) that the Unit arrives at a fulfillment center and is available for fulfillment by Amazon (or
in the case of any Unsuitable Unit, the arrival day (up to midnight)), until the earlier of: (a) the day
(up to midnight) we receive a valid customer order for such product or a request from you to return or
dispose of the Unit; or (b) the day (up to midnight) we actually ship the Unit to your designated return
location or dispose of the Unit.
F-9.2 Shipping and Gift Wrap. For any Amazon Fulfillment Units we will determine the amounts
charged to the customer for shipping and gift wrap services for the Units that we fulfill through the
FBA Program. As between you and us, these charges will be your charges to the customer, and we will
report them to you. We will charge you (and you will pay us) a fee equal to the amount of such
charges to the customer. In the case of shipments of Units sold through the Amazon Site that qualify
for the "Free Shipping" promotion, the amounts charged to the customer for shipping the Selling on
Amazon Units that Amazon fulfills will first be charged to the customer and will next be deducted from
the total charges to the customer as your promotion and Amazon will not charge you the fee described
above. If the Elected Country is the United States and you ship Units to us using the shipping rates
that we may make available pursuant to Section F-3.3, you will reimburse us for the actual amounts
charged to us by the applicable carrier for such shipments.
F-9.3 Proceeds. We may keep all proceeds of any Units that we dispose of or to which title transfers,
including returned, damaged or abandoned Units. You will have no security interest, lien or other
claim to the proceeds that we receive in connection with the sale, fulfillment and/or shipment of these
Units.
F-10 Indemnity
In addition to your obligations under Section 6 of the General Terms of this Agreement, you also agree
to indemnify, defend and hold harmless us, our Affiliates, and our and their respective officers,
directors, employees, representatives and agents against any Claim that arises from or relates to: (a)
the Units (whether or not title has transferred to us, and including any Unit that we identify as yours
pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us),
including any personal injury, death or property damage; (b) the shipment, export or delivery of Your
Products to Foreign Addresses (including with respect to any classification data and other information
provided by you to us in connection therewith, and notwithstanding any rights we have under Section
F-5 or any certifications we may make in connection with the shipment, export or delivery of Your
37
Products); (c) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes;
and, if applicable (d) any sales, use, value added, personal property, gross receipts, excise, franchise,
business or other taxes or fees, or any customs, duties or similar assessments (including penalties,
fines or interest on any of the foregoing) imposed by any government or other taxing authority in
connection with the shipment of Foreign-Eligible Products to Foreign Addresses (collectively, "Foreign
Shipment Taxes").
F-11 Release
You, on behalf of yourself and any successors, subsidiaries, Affiliates, officers, directors, shareholders,
employees, assigns and any other person or entity claiming by, through, under or in concert with
them (collectively, the "Releasing Parties"), irrevocably acknowledge full and complete satisfaction
of and unconditionally and irrevocably release and forever fully discharge Amazon and each of our
Affiliates, and any and all of our and their predecessors, successors, and Affiliates, past and present,
as well as each of our and their partners, officers, directors, shareholders, agents, employees,
representatives, attorneys, and assigns, past and present, and each of them and all Persons acting by,
through, under or in concert with any of them (collectively, the "Released Parties"), from any and
all claims, obligations, demands, causes of action, suits, damages, losses, debts or rights of any kind
or nature, whether known or unknown, suspected or unsuspected, absolute or contingent, accrued or
unaccrued, determined or speculative (collectively, "Losses") which the Releasing Parties now own or
hold or at any time have owned or held or in the future may hold or own against the Released Parties,
or any of them, arising out of, resulting from, or in any way related to the shipment, export or
delivery of Your Products to Foreign Addresses, including any tax registration or collection obligations.
You, on behalf of yourself and all other Releasing Parties, recognize that you, and each of them, may
have some Losses, WHETHER IN TORT, PRODUCT LIABILITY, CONTRACT, WARRANTY OR OTHERWISE,
against the Released Parties of which you, or any of them, are totally unaware and unsuspecting, or
which may arise or accrue after the date you register for or use FBA, which the Releasing Parties are
giving up by agreeing to these FBA Service Terms. It is your intention in agreeing to these FBA
Service Terms that these FBA Service Terms will deprive the Releasing Parties of each and all such
Losses and prevent the Releasing Party from asserting any such Losses against the Released Parties,
or any of them. In addition to the foregoing, you acknowledge, on behalf of yourself and all other
Releasing Parties that you are familiar with Section 1542 of the Civil Code of the State of California, as
follows:
"A general release does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor."
You, on behalf of yourself and all other Releasing Parties, expressly waive and relinquish any rights
that you had or may have under Section 1542 of the Civil Code of the State of California or any similar
38
provision of the law of any other jurisdiction, to the full extent that you may lawfully waive all such
rights pertaining to the subject matter of these FBA Service Terms.
F-12 Disclaimer
IN ADDITION TO THE DISCLAIMER IN SECTION 7 OF THE GENERAL TERMS OF THIS AGREEMENT, WE

DISCLAIM ANY DUTIES OF A BAILEE OR WAREHOUSEMAN, AND YOU WAIVE ALL RIGHTS AND
REMEDIES OF A BAILOR (WHETHER ARISING UNDER COMMON LAW OR STATUTE OR OTHERWISE),
RELATED TO OR ARISING OUT OF ANY POSSESSION, STORAGE OR SHIPMENT OF YOUR PRODUCTS
BY US OR OUR AFFILIATES OR ANY OF OUR OR THEIR CONTRACTORS OR AGENTS.
F-13 Effect of Termination
Following any termination of the Agreement or these FBA Service Terms in connection with a
particular Elected Country, we will, as directed by you, return to you or dispose of the Units held in
that Elected Country as provided in Section F-7. If you fail to direct us to return or dispose of the Units
within ninety (90) days after termination, then we may elect to return and/or dispose of the Units in
whole or in part, as provided in Section F-7, and you will be deemed to have consented to this. Upon
any termination of these FBA Service Terms in connection with a particular Elected Country, all rights
and obligations of the parties under these FBA Service Terms in connection with such Elected Country
will be extinguished, except that the rights and obligations of the parties under Sections F-1, F-2, F-3,
F-4, F-5, F-6, F-7, F-8, F-9, F-11, F-12 and F-13 with respect to Units received or stored by Amazon
as of the date of termination will survive the termination.
F-14 Tax Matters
You understand and acknowledge that storing Units at fulfillment centers may create tax nexus for you
in any country, state, province, or other localities in which your Units are stored, and you will be solely
responsible for any taxes owed as a result of such storage. If any Foreign Shipment Taxes or Your
Taxes are assessed against us as a result of performing services for you in connection with the FBA
Program or otherwise pursuant to these FBA Service Terms, you will be responsible for such Foreign
Shipment Taxes and Your Taxes and you will indemnify and hold Amazon harmless from such Foreign
Shipment Taxes and Your Taxes as provided in Section F-10 of these FBA Service Terms.
F-15 Additional Representation
In addition to your representations and warranties in Section 5 of the General Terms of this
Agreement, you represent and warrant to us that: (a) you have valid legal title to all Units and all
necessary rights to distribute the Units and to perform under these FBA Service Terms; (b) you will
deliver all Units to us in new condition (or in such condition otherwise described by you in the
applicable Your Product listing) and in a merchantable condition; (c) all Units and their packaging will
comply with all applicable marking, labeling and other requirements required by Law; (d) no Unit is or
39
will be produced or manufactured, in whole or in part, by child labor or by convict or forced labor; (e)
you and all of your subcontractors, agents and suppliers involved in producing or delivering Units will
strictly adhere to all applicable Laws of the Elected Country, its territories and all other countries
where Units are produced or delivered, regarding the operation of their facilities and their business
and labor practices, including working conditions, wages, hours and minimum ages of workers; and (f)
that all Foreign-Eligible Products (i) can be lawfully exported from Canada, Japan, or the United
States, as applicable, without any license or other authorization; and (ii) can be lawfully imported into,
and comply with all applicable Laws of, any eligible country.
FBA Definitions
"Amazon Fulfillment Units" means Units fulfilled using FBA that are sold through an Amazon Site.
For avoidance of doubt, if you have successfully registered for or used both the FBA and Selling on
Amazon Services, then the term "Amazon Fulfillment Units" and the defined term "Amazon Fulfilled
Products" in the Selling on Amazon Service Terms both refer to the same items.
"FBA Excluded Product" means any Unit that is an Excluded Product, or is otherwise prohibited by
the applicable Program Policies.
"Foreign Address" means (a) if the Elected Country is the United States, any mailing address that is
not (i) within the fifty states of the United States or Puerto Rico, or (ii) an APO/FPO address; and (b) if
the Elected Country is not the United States, any mailing address that is not within the Elected
Country.
"Fulfillment Request" means a request that you submit to us (in accordance with the standard
methods for submission prescribed by us) to fulfill one or more Multi-Channel Fulfillment Units.
"Multi-Channel Fulfillment Units" has the meaning in Section F-2.
"Sellable Unit" means a Unit that is not an Unsuitable Unit.
"Seller Agreement" means the Selling on Amazon Service Terms, the Merchants@ Program
Agreement, the Marketplace Participation Agreement, any successor to any of these agreements, or
any other similar agreement (as determined by Amazon) between you and us that permits you to offer
products and services via a particular Amazon Site.
"Shipping Information" means with respect to any purchased Unit(s), the following information: the
name of the recipient, the shipping address, the quantity of Units to be shipped, and any other
shipping-related information we may reasonably request.
"Unit" means a unit of Your Product that you deliver to Amazon in connection with the FBA Program.
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"Unsuitable Unit" means a Unit: (a) that is defective, damaged, or lacking required label(s); (b) the
labels for which were not properly registered with Amazon before shipment or do not match the
product that was registered; (c) that is an FBA Excluded Product or does not comply with the
Agreement (including applicable Program Policies); (d) that Amazon determines is unsellable or
unfulfillable; or (e) that Amazon determines is otherwise unsuitable.
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Product Ads Service Terms
Amazon Product Ads, including Amazon Sponsored Products ("Product Ads"), is a Service that allows
you to advertise Your Products on Amazon Network Properties.
These Product Ads Service Terms are part of the Agreement, and, unless specifically provided
otherwise, concern and apply only to your participation in Product Ads. BY REGISTERING FOR OR
USING PRODUCT ADS, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE
TO BE BOUND BY THE AGREEMENT, INCLUDING THESE PRODUCT ADS SERVICE TERMS.
PA-1 Product Ads
Your Product Ads may be displayed or made available on Amazon Network Properties as we
determine. We do not guarantee that Your Product Ads will be displayed or made available on any
Amazon Network Property, or that Your Product Ads will appear in any particular position or rank.
Notwithstanding any other provision of the Agreement, we may in our sole discretion restrict, modify
or otherwise determine the content, appearance, design, functionality and all other aspects of Your
Product Ads, and we may remove any of Your Product Ads without notice. Except to the extent
expressly stated in the Agreement, you are solely responsible for all obligations, risks and other
aspects pertaining to the sale of any products referred to in Your Product Ads, including order
processing, order fulfillment, returns, refunds, recalls, misdelivery, theft, customer service, and
collection of taxes. In addition, you are solely responsible for all ad content, URLs and any other
information you submit to us in connection with Your Product Ads, and the websites and/or other
properties to which Your Product Ads direct users (other than the Amazon Site).
We may use mechanisms that rate, or allow users to rate, Your Products and/or your performance,
and we may make these ratings and feedback publicly available. We may use any means we
determine necessary to review and monitor Your Product Ads to improve our service and ad quality.
PA-2 Product Information
You will, in accordance with applicable Program Policies, provide, in the format we require, accurate
and complete information for each of Your Product Ads. You will update this information as necessary
to ensure that it is at all times accurate and complete. You will not provide any information for, or
otherwise seek to advertise for sale on any Amazon Network Property, any products that are unlawful
or are otherwise prohibited by applicable Program Policies.
PA-3 Product Ads Requirements
Using the highest industry standards, you will treat users and customers who link to your products via
any of Your Product Ads with courtesy and respect during all stages of the buying process and resolve
to our and their satisfaction in a timely and professional manner any related customer service matters
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we or they bring to your attention. You will ensure that Your Materials and your advertisement, offer,
sale and fulfillment of Your Products comply with all applicable Laws and Program Policies. You will
not, directly or indirectly, engage in any fraudulent, impermissible, inappropriate or unlawful activities
in connection with your participation in Product Ads, including: (a) sending multiple listings of identical
products in the same feed or sending multiple feeds under different accounts; (b) generating
fraudulent, repetitive or otherwise invalid clicks, impressions, queries or other interactions, whether
through the use of automated applications or otherwise; (c) collecting any user information from any
Amazon Network Property or retrieving, extracting, indexing or caching any portion of any Amazon
website or services or the websites or services of our Affiliates, whether through the use of automated
applications or otherwise; (d) targeting communications of any kind on the basis of the intended
recipient being a user of any Amazon Network Property; (e) interfering with the proper working of any
Amazon Network Property, Product Ads or our systems; or (f) attempting to bypass any mechanism
we use to detect or prevent any of the activities described in this paragraph.
PA-4 Payment and Tax Matters
You will pay us the applicable fee per Click. The per Click fee will be determined solely by Amazon
based on the amount you bid for each of Your Product Ads, consistent with any applicable product
category minimums and Program Policies. You agree to pay us the applicable fees we calculate for
your use of the Product Ads Service in the applicable Local Currency only. In addition to any other
means permitted by the Agreement, we may collect the applicable fees: (a) in accordance with the
payment ladder described in the Program Policies; and (b) on a recurring monthly basis for any
remaining unpaid fees accrued after the last ladder payment charged each month. If we choose to
invoice you for amounts due to us under the Agreement, you will pay the invoiced amounts within 30
days of the date of the applicable invoice. We may require payment of interest at the rate of 1.5% per
month or the highest legally permissible rate, whichever is lower, on all amounts not paid when due
until paid in full. You will reimburse us for all fees incurred in connection with our collection of
amounts payable and past due. You waive all claims related to the fees we charge (including fees
based on suspected invalid Clicks on or invalid impressions of Your Product Ads), unless claimed within
60 days after the date charged. You understand third parties may generate impressions or Clicks on
Your Product Ads for improper purposes and you accept this risk. Your sole and exclusive remedy for
any suspected invalid impressions or Clicks is to request advertising credits within the timeframe set
out above.
PA-5 Effect of Termination
Upon any termination of the term of the Agreement or these Product Ads Service Terms, all rights and
obligations of the parties under these Product Ads Service Terms will terminate, except that Sections
PA-1, PA-2, PA-4, PA-5, PA-6 and PA-7 will survive termination.
PA-6 Agents
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If you are an Agent: (a) you represent and warrant that you have been appointed as an agent of a
Product Ads Participant, that you are duly authorized to enter into this Agreement on behalf of the
Product Ads Participant and have full power and authority to bind the Product Ads Participant to this
Agreement, and that the Agreement including these Product Ads Service Terms will be enforceable
against the Product Ads Participant in accordance with its terms; (b) you will, upon our request,
provide us written confirmation of the agency relationship between you and the Product Ads
Participant, including, for example, the Product Ads Participant’s express acknowledgment that you
are its Agent and are authorized to act on its behalf in connection with Product Ads; (c) except as set
forth in the Agreement, you will not make any representation, warranty, promise or guarantee about
Product Ads, us or your relationship with us; (d) you will perform your duties pursuant to the
Agreement including these Product Ads Service Terms in a professional manner consistent with any
requirements we may establish; (e) you will not at any time use information received in connection
with Product Ads to conduct any marketing efforts targeted at our existing advertisers or Product Ads
Participants; and (f) you and the Product Ads Participant are each responsible for all payment
obligations under these Product Ads Service Terms, and you and the Product Ads Participant each
waive any rights that might require us to proceed against one or more of you prior to proceeding
against the other.
PA-7 Miscellaneous
PA-7.1 Representations
In addition to your representations and warranties in Section 5 of the Agreement, you represent and
warrant to us that: (a) on any website to which Your Product Ads link (other than on the Amazon
Site), you will at all times post and comply with a privacy policy that complies with all applicable Laws;
and (b) Your Materials and any information displayed on your website or on any website to which Your
Product Ads link (for the Amazon Site, only to the extent such information is based on Your Materials)
comply with all applicable Laws (including all marking and labelling requirements) and do not contain
any false, misleading, infringing, defamatory, obscene or sexually explicit materials (except to the
extent expressly permitted under applicable Program Policies).
PA-7.2 Indemnification
In addition to your obligations under Section 6 of the Agreement, you agree to indemnify, defend and
hold harmless us, our Affiliates, and our and their respective officers, directors, employees,
representatives and agents against any Claim arising from or related to: (a) your participation in
Product Ads, including the display of any of Your Product Ads, any website, Content, data, materials or
other items or information to which Your Product Ads link, and any actual or alleged infringement of
any Intellectual Property Rights by any of the foregoing; and (b) if you are an Agent, any breach or
alleged breach of your representations and warranties set forth in these Product Ads Service Terms.
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PA-7.3 Disclaimers
IN ADDITION TO THE DISCLAIMERS IN SECTION 7 OF THE AGREEMENT, WE AND OUR AFFILIATES

DISCLAIM AND YOU WAIVE ALL CLAIMS REGARDING ANY GUARANTEES ABOUT TIMING,
POSITIONING, ADJACENCY, PERFORMANCE, QUANTITY OR QUALITY OF (AS APPLICABLE):
PLACEMENTS, TARGETING, IMPRESSIONS, CLICKS, CLICK RATES, CONVERSION RATES, AUDIENCE
SIZE, DEMOGRAPHICS OR ADVERTISING COSTS.
Product Ads Definitions
"Agent" means an advertising agency or other person or entity who represents a Product Ads
Participant.
"Amazon Network Properties" means: (a) the Amazon Site; (b) any website, device, service,
feature or other online point of presence operated by Amazon or any of our Affiliates; and (c) any
Amazon Associated Properties.
"Click" means each time a user clicks on any of Your Product Ads as determined solely by Amazon.
"Product Ads Participant" means any person or entity enrolled in Product Ads by you if you are the
Agent of that person or entity.
"Your Product Ads" means any advertisement for Your Product based upon Your Materials that is
displayed through Product Ads.
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Transaction Processing Service Terms
BY REGISTERING FOR OR USING ANY SERVICE OTHER THAN PRODUCT ADS FOR WHICH THE
ELECTED COUNTRY IS THE UNITED STATES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU
REPRESENT) AGREE TO BE BOUND BY THESE TRANSACTION PROCESSING SERVICE TERMS FOR THAT
SERVICE. NOTWITHSTANDING THE FOREGOING, IF A SEPARATE AGREEMENT GOVERNS THE
OFFER, SALE OR FULFILLMENT OF YOUR PRODUCTS ON THE US AMAZON SITE, THE TERMS
OF THAT AGREEMENT WILL CONTINUE TO GOVERN THE PROCESSING OF YOUR
TRANSACTIONS TO THE EXTENT DESCRIBED IN THAT AGREEMENT.
P-1 Payments Processing Agency Appointment
You authorize Amazon Payments, Inc. ("Amazon Payments") to act as your agent for purposes of
processing payments, refunds and adjustments for Your Transactions, receiving and holding Sales
Proceeds on your behalf, remitting Sales Proceeds to your Bank Account, charging your Credit Card,
and paying Amazon and its Affiliates amounts you owe in accordance with this Agreement or other
agreements you may have with Amazon Affiliates. Amazon Payments provides the services described
in these Transaction Processing Service Terms and the related services described in Sections S-1.4, S-
2.2, S-6, W-3.2, W-3.3, W-3.4, W-6.3.2, W-6.3.3, W-7.5, and F-8.3 of the Agreement (collectively,
the "Transaction Processing Services").
When a buyer instructs us to pay you, you agree that the buyer authorizes and orders us to commit
the buyer’s payment (less any applicable fees or other amounts we may collect under this Agreement)
to you. You agree that buyers satisfy their obligations to you for Your Transactions when we receive the
Sales Proceeds. We will remit funds to you in accordance with this Agreement.
P-2 Remittance
Amazon Payments will remit funds to you in accordance with Sections S-6 and W-6.3.2 of the
Agreement and these Transaction Processing Service Terms. Amazon Payments’ obligation to remit
funds collected by it on your behalf is limited to funds that have actually been received by Amazon
Payments less amounts owed to Amazon, subject to chargeback or reversal or withheld for anticipated
claims in accordance with this Agreement. Without limiting Amazon’s rights to collect any amounts
you owe, including as described in Section 2 of the General Terms of this Agreement, Amazon
Payments’ receipt of Sales Proceeds discharges your obligation to pay applicable fees and other
amounts under this Agreement to the extent the Sales Proceeds equal or exceed the fees and other
amounts you owe and the Sales Proceeds are applied to the payment of those fees and amounts.
P-3 Your Funds
Your Sales Proceeds will be held in an account with Amazon Payments (a "Seller Account") and will
represent an unsecured claim against Amazon Payments. Your Sales Proceeds are not insured by the
46
Federal Deposit Insurance Corporation. Prior to disbursing funds to you, Amazon Payments may
combine Sales Proceeds held with the funds of other users of the Services, invest them, or use them
for other purposes permitted by applicable Laws. You will not receive interest or any other earnings on
any Sale Proceeds. To the extent required by applicable Laws, Amazon Payments will not use any
funds held on your behalf for its corporate purposes, will not voluntarily make such funds available to
its creditors in the event of bankruptcy or for any other purpose, and will not knowingly permit its
creditors to attach such funds.
P-4 Verification
We may at any time require you to provide any financial, business or personal information we request
to verify your identity. You authorize us to obtain from time to time consumer credit reports to
establish or update your Seller Account or in the event of a dispute relating to this Agreement or the
activity under your Seller Account. You agree to update all Seller Account information promptly upon
any change. The Amazon Payments Privacy Notice applies to your use of the Transaction Processing
Services.
P-5 Dormant Accounts
If there is no activity (as determined by us) in connection with your Seller Account for the period of
time set forth in applicable unclaimed property laws and we hold Sales Proceeds on your behalf, we
will notify you by means designated by us and provide you the option of keeping your Seller Account
open and maintaining the Sales Proceeds in your Seller Account. If you do not respond to our notice(s)
within the time period we specify, we will send the Sales Proceeds in your Seller Account to your state
of residency, as determined by us based on the information in your Seller Account. If we are unable to
determine your state of residency or your Seller Account is associated with a foreign country, your
funds may be sent to the State of Delaware.
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EXHIBIT I
5/29/2020 Case 2:20-cv-00934 Amazon Anti-Counterfeiting
Document 1-1 Filed Policy - Amazon Seller
06/18/20 PageCentral
108 of 126
English
English Sign in Sell on Amazon
This article applies to selling in: United States
Help / Program Policies / Intellectual Property Policy for Sellers / Amazon Anti-
Counterfeiting Policy
Amazon Anti-Counterfeiting
Policy
Amazon strives to ensure a trustworthy shopping experience for our
customers. By selling on Amazon, you agree that:
The sale of counterfeit products is strictly prohibited.

You may not sell any products that are not legal for sale, such as products
that have been illegally replicated, reproduced, or manufactured
You must provide records about the authenticity of your products if
Amazon requests that documentation
Failure to abide by this policy may result in loss of selling privileges, funds
being withheld, destruction of inventory in our fulfilment centers, and other
legal consequences.
More information
Sell Only Authentic and Legal Products. It is your responsibility to source,
sell, and fulfill only authentic products that are legal for sale. Examples of
prohibited products include:
Bootlegs, fakes, or pirated copies of products or content
Products that have been illegally replicated, reproduced, or
manufactured
Products that infringe another party’s intellectual property rights
Maintain and Provide Inventory Records. Amazon may request that you
provide documentation (such as invoices) showing the authenticity of your
products or your authorization to list them for sale. You may remove
pricing information from these documents, but providing documents that
https://sellercentral.amazon.com/gp/help/external/201165970 1/3
109 of 126
have been edited in any other way or that are misleading is a violation of
this policy and will lead to enforcement against your account.
Consequences of Selling Inauthentic Products. If you sell inauthentic
products, we may immediately suspend or terminate your Amazon selling
account (and any related accounts), destroy any inauthentic products in
our fulfillment centers at your expense, and/or withhold payments to you.
Amazon Takes Action to Protect Customers and Rights Owners. Amazon
also works with manufacturers, rights holders, content owners, vendors,
and sellers to improve the ways we detect and prevent inauthentic
products from reaching our customers. As a result of our detection and
enforcement activities, Amazon may:
Remove suspect listings.
Take legal action against parties who knowingly violate this policy and
harm our customers. In addition to criminal fines and imprisonment,
sellers and suppliers of inauthentic products may face civil penalties
including the loss of any amounts received from the sale of inauthentic
products, the damage or harm sustained by the rights holders,
statutory and other damages, and attorney’s fees.
Reporting Inauthentic Products. We stand behind the products sold on our
site with our A-to-z Guarantee, and we encourage rights owners who have
product authenticity concerns to notify us. We will promptly investigate
and take all appropriate actions to protect customers, sellers, and rights
holders. You may view counterfeit complaints on the Account Health page
in Seller Central.
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EXHIBIT J
Arent Fox LLP / Attorneys at Law

Los Angeles, CA / New York, NY / San Francisco, CA / Washington, DC
www.arentfox.com
April 2, 2019 Anthony V. Lupo

Partner
VIA EMAIL to kaitlynpanshoes@gmail.com; 202.857.6353 DIRECT
202.857.6395 FAX
younboots@gmail.com; panhao73@gmail.com anthony.lupo@arentfox.com
VIA FEDERAL EXPRESS
Jing Li and Hao Pan

Kaitlyn Pan Group LLC
344 Main Street, Suite 202A
Mount Kisco, New York 10549
Re: Unauthorized Use of Valentino S.p.A.’s Intellectual Property
Dear Ms. Li and Mr. Pan:
This law firm represents Valentino S.p.A. (“Valentino”) with respect to intellectual property
matters. We are writing regarding the sale of shoes by your company Kaitlyn Pan Group LLC
(“Kaitlyn Pan”) and Jane’s International Trading LLC, that copy Valentino’s distinctive and
iconic Rockstud designs (“Rockstud Designs”). The sale of such products infringes Valentino’s
intellectual property rights and is a violation of state and federal law.
As you are certainly aware, since 1960, Valentino has been synonymous with high fashion
apparel and merchandise worn by the rich and famous and endorsed by movie stars and
celebrities. Among Valentino’s most popular and recognizable products are its shoes featuring
the Rockstud Designs, which it sells in the United States and around the world. Since they were
introduced in 2010, shoes featuring the Rockstud Designs have consistently sold out and been
photographed on countless celebrities while earning extensive critical review and acclaim. By
virtue of Valentino’s extensive use, sale, and promotion of the distinctive Rockstud Designs, the
Designs have become well-known and instantly recognizable to consumers as distinctive
symbols of Valentino’s goodwill. In addition, within its wide intellectual property rights
portfolio, Valentino owns several registered designs that are used in connection with its well-
known and best-selling products, including all rights on the Rockstud Designs, which have been
registered as International registered design under No. DM/090 227, as well as U.S. Design
Patent Nos. D740,000; D764,777; D779,796; and D738,599.
Valentino recently became aware that Kaitlyn Pan is selling shoes that feature designs that are
identical to Valentino’s protected Rockstud Designs (“Infringing Shoes”). The Infringing Shoes
AFDOCS/17865059.2
555 West Fifth Street, 48th Floor 1675 Broadway 55 Second Street, 21st Floor 1717 K Street, NW
Los Angeles, CA 90013-1065 New York, NY 10019-5820 San Francisco, CA 94105-3470 Washington, DC 20006-5344
T 213.629.7400 F 213.629.7401 T 212.484.3900 F 212.484.3990 T 415.757.5500 F 415.757.5501 T 202.857.6000 F 202.857.6395

Page 2
are available on Kaitlyn Pan’s website (https://kaitlynpanshoes.com/) and the Kaitlyn Pan
Amazon Store (https://www.amazon.com/stores/node/13736310011?_encoding=UTF8&field-
lbr_brands_browse-bin=Kaitlyn%20Pan&ref_=w_bl_sl_ap_sh_web_13736310011). See
Exhibit A.
The close similarity between the Infringing Shoes and Valentino’s protected Rockstud Designs
leaves little doubt that the Infringing Shoes reproduce the strong individual character of the
Rockstud Designs, in particular the distinctive configuration, alternation, and placement of studs
on the straps and/or shoe profiling. Indeed, it is clear from the numerous consumer comments
remarking on the striking similarities between the Infringing Shoes and the Rockstud Designs
that the Infringing Shoes were specifically created to play off Valentino’s goodwill and to create
an association in consumer’s minds between Valentino’s Rockstud Designs and the Infringing
Shoes.
Valentino has not authorized the use of the Rockstud Designs, or imitations thereof, on or in
connection with the Infringing Shoes. Such use of a confusingly similar design element on these
shoes is likely to lead consumers to mistakenly believe that Valentino is the source of, or
otherwise affiliated with, these products, when such is not the case, in violation of state and
federal intellectual property laws.
Therefore, the reproduction on the Infringing Shoes of all the individual features claimed by
Valentino in the Rockstud Designs amounts to a clear infringement of Valentino’s rights in the
Rockstud Designs.
For these reasons, Valentino demands that you confirm in writing, by no later than April 16,
2019, that you will take the following action:
1. Immediately discontinue the unauthorized use of the Rockstud Designs, including by

ceasing all manufacturing and sale of the Infringing shoes and removing the Infringing
Shoes from your website(s), Amazon.com, social media pages, and all other sales and
marketing channels;
2. Provide the details, including company name, contact name, address, and telephone
number of your supplier and/or manufacturer (if different) of the Infringing Shoes;
3. Disclose the number of Infringing Shoes sold and the relevant prices;
4. Deliver to Valentino or destroy any unsold inventory of the Infringing Shoes currently
within your control or possession, and provide to Valentino proper evidence of the
destruction;
AFDOCS/17865059.2

Page 3
5. Undertake to not engage in any future unlawful use of Valentino’s intellectual property,
including, but not limited to, the Rockstud Designs and any confusingly similar design
elements.
We trust that you desire to resolve this matter amicably and look forward to receiving your
written reply.
Nothing contained herein shall be deemed an admission, waiver, or election of remedies, and
Valentino reserves all of its rights, at law and equity.
Sincerely,
Anthony V. Lupo
AFDOCS/17865059.2

Page 4
EXHIBIT A
Screen shots from kaitlynpanshoes.com
AFDOCS/17865059.2

Page 5
AFDOCS/17865059.2

Page 6
AFDOCS/17865059.2

Page 7
Screen shots from Amazon.com
AFDOCS/17865059.2

Page 8
AFDOCS/17865059.2

Page 9
AFDOCS/17865059.2
EXHIBIT K
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1478 (Rev 09/2006)
OMB No. 0651-0009 (Exp 02/28/2021)
Trademark/Service Mark Application, Principal Register

Serial Number: 88611397
Filing Date: 09/10/2019
The table below presents the data as entered.
Input Field Entered

SERIAL NUMBER 88611397
MARK INFORMATION
*MARK Rock'n Studs by Kaitlyn Pan
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
LITERAL ELEMENT Rock'n Studs by Kaitlyn Pan
The mark consists of standard characters, without claim to any
MARK STATEMENT
particular font style, size, or color.
REGISTER Principal
APPLICANT INFORMATION
*OWNER OF MARK Kaitlyn Pan Group LLC
*STREET 111 BEDFORD RD STE1
*CITY ARMONK
*STATE
New York
(Required for U.S. applicants)
*COUNTRY United States

*ZIP/POSTAL CODE
10504
(Required for U.S. and certain international addresses)
EMAIL ADDRESS uspto@trademarks411.com

AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
LEGAL ENTITY INFORMATION
TYPE limited liability company
STATE/COUNTRY WHERE LEGALLY ORGANIZED New York
GOODS AND/OR SERVICES AND BASIS INFORMATION
INTERNATIONAL CLASS 018
*IDENTIFICATION Footwear; shoes; boots; handbags
FILING BASIS SECTION 1(b)
CORRESPONDENCE INFORMATION
NAME Kaitlyn Pan Group LLC
STREET 111 BEDFORD RD STE1
CITY ARMONK
STATE New York

COUNTRY United States
ZIP/POSTAL CODE 10504
*EMAIL ADDRESS uspto@trademarks411.com
*AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
FEE INFORMATION
APPLICATION FILING OPTION TEAS RF
NUMBER OF CLASSES 1
APPLICATION FOR REGISTRATION PER CLASS 275
*TOTAL FEE DUE 275
*TOTAL FEE PAID 275
SIGNATURE INFORMATION
SIGNATURE /Jing Li/
SIGNATORY'S NAME Jing Li
SIGNATORY'S POSITION Principal
SIGNATORY'S PHONE NUMBER 9144866546
DATE SIGNED 09/10/2019
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1478 (Rev 09/2006)
OMB No. 0651-0009 (Exp 02/28/2021)
Trademark/Service Mark Application, Principal Register

Filing Date: 09/10/2019
To the Commissioner for Trademarks:
MARK: Rock'n Studs by Kaitlyn Pan (Standard Characters, see mark)

The literal element of the mark consists of Rock'n Studs by Kaitlyn Pan. The mark consists of standard characters, without claim to any particular
font style, size, or color.
The applicant, Kaitlyn Pan Group LLC, a limited liability company legally organized under the laws of New York, having an address of
111 BEDFORD RD STE1
ARMONK, New York 10504
United States
uspto@trademarks411.com
requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register
established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:
International Class 018: Footwear; shoes; boots; handbags

Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified
goods/services.
The applicant's current Correspondence Information:

111 BEDFORD RD STE1
ARMONK, New York 10504
uspto@trademarks411.com (authorized).
Email Authorization: I authorize the USPTO to send email correspondence concerning the application to the applicant, the applicant's attorney,
or the applicant's domestic representative at the email address provided in this application. I understand that a valid email address must be
maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the Trademark
Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to submit an
additional processing fee of $125 per international class of goods/services.
A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).
Declaration
Basis:
If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a):
The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered;
The mark is in use in commerce on or in connection with the goods/services in the application;
The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and
To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
And/Or
If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d),
and/or § 1126(e):
The signatory believes that the applicant is entitled to use the mark in commerce;
The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the
application; and
To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the
mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the
goods/services of such other persons, to cause confusion or mistake, or to deceive.
To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the
allegations and other factual contentions made above have evidentiary support.
The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §
1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration
resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and
belief are believed to be true.
Declaration Signature
Signature: /Jing Li/ Date: 09/10/2019

Signatory's Name: Jing Li
Signatory's Position: Principal
Payment Sale Number: 88611397
Payment Accounting Date: 09/10/2019

Internet Transmission Date: Tue Sep 10 16:29:02 EDT 2019
TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20190910162902518
606-88611397-61031ede3d31d21d757f5702e78
56bd6781664235279342191a070206b99e05fd8-
CC-29015531-20190906193855588900
JS 44 (Rev. 09/19) 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

AMAZON.COM, INC., a Delaware corporation; and VALENTINO S.P.A., KAITLYN PAN GROUP, LLC f/k/a/ "JANE'S INTERNATIONAL TRADING, LLC", a New
an Italian corporation, York limited liability corporation; HAO PAN, an individual, and JOHN and/or JANE DOES
1-10,
(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)
Davis Wright Tremaine LLP
920 Fifth Avenue, Suite 3300
Seattle, WA 98104 (206) 622-3150
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 ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) (15 USC 1681 or 1692)
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 485 Telephone Consumer
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Protection Act
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 490 Cable/Sat TV
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 850 Securities/Commodities/
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical Exchange
Medical Malpractice Leave Act ’ 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS ’ 891 Agricultural Acts
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 893 Environmental Matters
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 895 Freedom of Information
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 ’ 896 Arbitration
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 899 Administrative Procedure
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION Act/Review or Appeal of
Employment Other: ’ 462 Naturalization Application Agency Decision
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration ’ 950 Constitutionality of
Other ’ 550 Civil Rights Actions State Statutes
’ 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):
15 U.S.C. § 1114, 15 U.S.C. § 1125, 35 U.S.C. § 271
VI. CAUSE OF ACTION Brief description of cause:
Trademark Infringement, Patent Infringement, Unfair Competition, Breach of Contract
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
06/18/2020 /s Bonnie MacNaughton
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 09/19) Case 2:20-cv-00934 Document 1-2 Filed 06/18/20 Page 2 of 2
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.
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.
AO 120 (Rev. 08/10)
Mail Stop 8 REPORT ON THE

TO:
Director of the U.S. Patent and Trademark Office FILING OR DETERMINATION OF AN
P.O. Box 1450 ACTION REGARDING A PATENT OR
Alexandria, VA 22313-1450 TRADEMARK
In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
filed in the U.S. District Court Western District of Washington on the following
G Trademarks or G Patents. ( G the patent action involves 35 U.S.C. § 292.):
DOCKET NO. DATE FILED U.S. DISTRICT COURT

Western District of Washington
PLAINTIFF DEFENDANT
AMAZON.COM, INC., a Delaware corporation; and KAITLYN PAN GROUP, LLC f/k/a/ “JANE’S INTERNATIONAL
VALENTINO S.P.A., an Italian corporation TRADING, LLC”, a New York limited liability corporation; HAO
PAN, an individual, and JOHN and/or JANE DOES 1-10
PATENT OR DATE OF PATENT

HOLDER OF PATENT OR TRADEMARK
TRADEMARK NO. OR TRADEMARK
1 4,362,864 7/9/2013 VALENTINO S.P.A.
In the above—entitled case, the following patent(s)/ trademark(s) have been included:
DATE INCLUDED INCLUDED BY
G
Amendment G Answer G Cross Bill G Other Pleading
1
In the above—entitled case, the following decision has been rendered or judgement issued:
DECISION/JUDGEMENT
CLERK (BY) DEPUTY CLERK DATE
Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
Print Save As... Reset

AO 120 (Rev. 08/10)
Mail Stop 8 REPORT ON THE

TO:
Director of the U.S. Patent and Trademark Office FILING OR DETERMINATION OF AN
P.O. Box 1450 ACTION REGARDING A PATENT OR
Alexandria, VA 22313-1450 TRADEMARK
In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
filed in the U.S. District Court Western District of Washington on the following
G Trademarks or G Patents. ( G the patent action involves 35 U.S.C. § 292.):
DOCKET NO. DATE FILED U.S. DISTRICT COURT

Western District of Washington
PLAINTIFF DEFENDANT
AMAZON.COM, INC., a Delaware corporation; and KAITLYN PAN GROUP, LLC f/k/a/ “JANE’S INTERNATIONAL
VALENTINO S.P.A., an Italian corporation TRADING, LLC”, a New York limited liability corporation; HAO
PAN, an individual, and JOHN and/or JANE DOES 1-10

1 See attached document.
In the above—entitled case, the following patent(s)/ trademark(s) have been included:
DATE INCLUDED INCLUDED BY
G
Amendment G Answer G Cross Bill G Other Pleading
1
In the above—entitled case, the following decision has been rendered or judgement issued:
DECISION/JUDGEMENT
CLERK (BY) DEPUTY CLERK DATE
Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
AMAZON.COM, INC. et al. v. KAITLYN PAN GROUP, LLC, et al.
AO 120 Form Attachment
Patent No. Date of Patent Holder of Patent
D818,249 May 22, 2018 VALENTINO S.P.A.
D817,608 May 15, 2018 VALENTINO S.P.A.
D779,796 February 28, 2017 VALENTINO S.P.A.
D835,895 December 18, 2018 VALENTINO S.P.A.
D812,354 March 13, 2018 VALENTINO S.P.A.
D852,473 July 2, 2019 VALENTINO S.P.A.

AO 440 (Rev. 06/12) Summons in a Civil Action

for the
Western District
__________ of of
District Washington
__________
AMAZON.COM, INC., a Delaware corporation; and )

VALENTINO S.P.A., an Italian corporation, )
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
KAITLYN PAN GROUP, LLC f/k/a/ "JANE'S )
INTERNATIONAL TRADING, LLC", a New York limited )
liability corporation; HAO PAN, an individual, and JOHN )
and/or JANE DOES 1-10,
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Kaitlyn Pan Group, LLC
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Bonnie MacNaughton
Seattle, WA 98104
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
’ I personally served the summons on the individual at (place)

on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:

AO 440 (Rev. 06/12) Summons in a Civil Action

for the
Western District
__________ of of
District Washington
__________
AMAZON.COM, INC., a Delaware corporation; and )

VALENTINO S.P.A., an Italian corporation, )
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
KAITLYN PAN GROUP, LLC f/k/a/ "JANE'S )
INTERNATIONAL TRADING, LLC", a New York )
limited liability corporation; HAO PAN, an individual, )
and JOHN and/or JANE DOES 1-10, )
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Hao Pan
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Bonnie MacNaughton
Seattle, WA 98104
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
’ I personally served the summons on the individual at (place)

on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:

V. Kaitlyn Pan Group - Complaint

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Case 2:20-cv-00934 Document 1 Filed 06/18/20 Page 1 of 36

23 their quality and bold style.

2 well-known, and instantly recognized by consumers as a symbol of Valentino’s high-quality

16 actor is attempting to violate Amazon’s anti-counterfeiting policies, it takes immediate action to

18 actor from future sales through court orders.

20 frequent copying by those attempting to capitalize on Valentino’s success. Two of these

24 infringing products through their website www.kaitlynpan.com, without Valentino’s

25 authorization and in violation of Valentino’s valuable intellectual property (“IP”) rights.

2 unlawfully advertised and sold infringing shoes.

3 6. Defendants’ unlawful copying and infringement of Valentino Garavani Rockstud

5 Defendants, as well as notice from Amazon to Defendants of certain of Valentino’s claims.

6 7. As a result of their illegal actions, Defendants have infringed and misused

13 harm on Amazon, Valentino, and their customers.

14 8. Defendants’ illegal actions as described below breached numerous provisions of

22 II. THE PARTIES

23 9. Amazon is a Delaware corporation with its principal place of business in Seattle,

25 equivalent international websites, and Amazon stores.

5 the protected Rockstud designs and trademark.

11 direct financial benefit as a result of that wrongful conduct.

16 from that wrongful conduct.

20 III. JURISDICTION AND VENUE

2 U.S.C. § 1332 (diversity) and/or 28 U.S.C. § 1367 (supplemental jurisdiction).

6 business with Washington residents by operating commercial, interactive internet storefronts

11 have wrongfully caused Amazon and Valentino substantial injury in Washington.

14 IP is state or federal court in King County, Washington.

15 18. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) because a

20 consumers. Amazon employs dedicated teams of software engineers, research scientists,

25 offer any products for sale.

1 24. Amazon’s systems automatically and continuously scan thousands of variables

9 actors suspected of engaging in illegal behavior or infringing others’ IP rights.

7 28. In 2018, Amazon launched Transparency, a product serialization service that

10 law enforcement, and customers to determine the authenticity of any Transparency-enabled

13 counterfeit products from being sold.

23 sale and distribution of counterfeit and infringing goods.

1 B. Valentino and Its Anti-Counterfeiting Efforts

4 handbags under the trademark Valentino Garavani.

10 33. Valentino is the owner of an extensive intellectual property portfolio. Relevant to

11 this Complaint, Valentino owns a registered trademark for “ROCKSTUD,” Trademark

16 future trademark infringement and counterfeiting.

8 future patent infringement.

14 future patent infringement.

2 “Valentino’s Design Patents.”

1 41. Valentino is committed to protecting consumers from counterfeit and infringing

5 part of Valentino’s strategy.

6 C. Defendants Created an Amazon Selling Account and Agreed Not to

16 BSA Defendants signed is attached as Exhibit H.

18 Anti-Counterfeiting Policy, attached as Exhibit I, which explicitly prohibits the sale of

20  The sale of counterfeit products is strictly prohibited.

1 45. Amazon’s Anti-Counterfeiting Policy further describes Amazon’s commitment to

3 consequences Amazon imposes when it becomes aware of counterfeiting:

4  Sell Only Authentic and Legal Products. It is your

us. We will promptly investigate and take all appropriate

6 US$1,095.00, underscoring their exclusivity and high quality.

8 shoes in a wide variety of media.

11 countless celebrities appearing in magazines, social media, and news articles.

21 Valentino, its high-quality goods, and its reputation and goodwill.

3 United States Patent and Trademark Office.

7 Rockstud shoe designs.

11 E. Defendants’ Sale of Counterfeit and Infringing Products

18 Valentino products in the United States and Washington.

20 following products under the Valentino Trademark:

21 Defendants’ Infringing Use of Defendants’ Infringing Product

23 Kaitlyn Pan RockStud Ballerina