LA Gem & Jewelry Design v. Alex and Ani et. al

7/28/2019 LA Gem & Jewelry Design v. Alex and Ani et. al.

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C ) ,-.-< o r-l r " ' 1 ~ w::::......; ;>< ::ir.r :r: p-.> - - CD ',..3 MILOltD & ASSOCIATES, P.C.2049 Century Par.k E a ~ t , Suite 38504 Los n g e l e ~ Cahforma 90067Tel: (311)) 2L6-7878 -5 Fax: (310) 226-7879 . .6

A t t o r n e y ~ for Plaintiff7 LA GEM & JEWELRY DESIGN, INC.8

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9 UNITED STATES DISTRICT COURT101112

CENTRAL DISTRICT OF CALIFORNIA

LA GEM & JEWELRY DESIGN, f a s ~ l.7 3]76 / ~ tt1INC., a California Corporation dba LA )ROCKS, ) COMPLAINT FOR:Plaintiff,

vs.

))))))

1. Lanham Act 43(a) UnfairCompetition and FalseAdvertising2. False Patent Marking 35 U.S.C 292

iT lCJ

18 ) 3.19 ALEX AND ANI, LLC, a Rhode Island)limited liability company, o,Y1d oo-sS )

Declaration ofNon .Jnfringement,Invalidity, and Unenforceability ofDesign Patent202122232425262728

(-\0 1 \V)c\1.A.S\ve 1 ) 4.Defendant. ))) 5.)))

Declaration of Trade Dress NonInfringement, Invalidity, andUnenforceabilityUnfair Competition and FalseAdvertising Under California Law

) JURY TRIAL DEMANDED~ ~ ~ ~ ~ ~ ~ ~ ~ )

-1-COMPLAINT - Jury Demand

Case 2:13-cv-03776-DSF-E Document 1 Filed 05/28/13 Page 1 of 38 Page ID #:5


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COMPLAINT Jury Demand

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MILORD&ASSOCIATES,PC

2049CenturyParkEast,

Suite3850

LosAngeles,CA90067

(310)226-7878

Plaintiff LA Gem & Jewelry Design, Inc. dba LA ROCKS (LA Gem) by and

through its undersigned attorneys, sues Alex and Ani, LLC (Alex), and alleges:

THE PARTIES1. Plaintiff LA GEM is a California corporation having a place of business i

Los Angeles, California. LA GEM also conducts business under its LA ROCKS servi

mark.

2. Upon information and belief, Defendant Alex is a Rhode Island limitedliability company. Alex conducts business and sells merchandise across the country,

including California and this District. Indeed, Alex boasts on its website

that Alex And An

Conquered Los Angeles! at its Bangle Bar Party sales and marketing event in Los

Angeles, California. Further, Alex operates an e-commerce website located at

, which distributes products throughout the United States,

including California and this District.

JURISDICTION AND VENUE

3. The Court has jurisdiction over the subject matter of this action pursuant 28 U.S.C. 1331, 1338(a), 35 U.S.C. 292, the Lanham Act, 15 U.S.C. 1125 and

1121 et seq., and pursuant to 28 U.S.C. 2201(a) and 2202. The Court also has

supplemental jurisdiction pursuant to 28 U.S.C. 1367(a).

4. This Court has personal jurisdiction over Defendant Alex because, byengaging in at least the conduct itemized above, it has purposely directed its activities

California and this District and purposely availed itself of the benefits and protectionsthe laws of California, including this District. Further, Alexs contacts with the State

California and this District are significant and pervasive, including hosting marketing

sales events in Los Angeles, and having sales representatives, dealers, and distributors

located in California and this District, and selling products directly to consumers in



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Suite3850

LosAngeles,CA90067

(310)226-7878

California and this District through its e-commerce website.

5. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b) an(c), and 1400(b) because Defendants conduct business in this District, reside in this

District, and/or a substantial part of the events or omissions giving rise to the claimoccurred in this District.

FACTS COMMON TO ALL COUNTS

6. LA GEM is a designer and creator of jewelry whose jewelry pieces are soby numerous national retailers.

7. In or about 2006, LA GEM independently created an expandable banglejewelry product based on public domain works, including designs from the Victorian e

(LA Gem Bangle). The LA Gem Bangle is sold in packaging bearing the Love Th

Life trademark, which mark is also displayed on at least one charm. The following i

example of one LA Gem Bangle:

8. Although the bangles functional portion is repeated in the LA GemBangles, LA GEM has numerous pendants moveably mounted on the bangle.



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Suite3850

LosAngeles,CA90067

(310)226-7878

9. LA GEM has sold the LA Gem Pendant to its customer Kohls DepartmeStores, Inc. (Kohls), a national retailer.

10. On May 15, 2013, Alex, through its counsel, sent a letter to Kohls,demanding Kohls immediately cease[] and desist[] from any further importation, salor offer for sale of the [LA Gem Bangles] and provide[] the identity of the

manufacturer(s) of the [LA Gem Bangles]. [Alex] also require[d] an accounting of all

sales of the [LA Gem Bangles]. The correspondence claims that Kohls sales of the L

Gem Bangles without authorization or license have violated Alexs intellectual

property rights in U.S. Patent No. D498,167 (the 167 Design Patent), a copy of wh

is attached hereto as EXHIBIT 1. Alex further claimed that Kohls sales of LA Gem

Bangles have violated its trade dress intellectual property rights and constitute unfair

competition, instructing Kohls to not spoliate evidence, which is only necessary for

imminent litigation purposes. A true and correct copy of said correspondence is attach

hereto as EXHIBIT 2.

11. On May 24, 2013, Alex, through its counsel, sent a second letter to Kohlthreatening to institut[e] a lawsuit if Kohls failed to respond to Alexs unfounded

infringement demands. A true and correct copy of said correspondence is attached as

Exhibit 3.

12. On May 24, 2013, Kohls demanded, based on its vendor agreement, thatLA GEM defend and indemnify Kohls against Alexs allegations of patent and trade

dress infringement, and unfair competition. On May 28, 2013, Kohls in-house senior

counsel emailed Alexs counsel identifying LA GEM as the vendor of the wrongly

accused products and informing him of LA GEMs defense and indemnification

obligation.13. Alex has filed numerous patent and trade dress infringement lawsuits aga

third-parties based on the same purported patent and trade dress rights asserted again

Kohls and LA GEM for selling similar expandable bangles, even though its patent i

invalid based on prior art in the public domain.



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Suite3850

LosAngeles,CA90067

(310)226-7878

14. Accordingly, Alexs threats of patent and trade dress infringement havecreated an actual, substantial and justiciable case or controversy between LA GEM i

retailer Kohls and Alex concerning the right of LA GEM to manufacture and sell th

LA Gem Bangles to Kohls and Kohls ability to sell the LA Gem Bangles to the publFurthermore, to the extent, if any, that apprehension of suit remains relevant to

considerations of jurisdiction for declaratory judgment, LA GEM has a reasonable

apprehension of imminent suit by Alex.

15. On information and belief, in addition to making unfounded infringementclaims, Alex has falsely advertised, in interstate commerce, the scope of its invalid des

patent and misled the public into believing that it owns a utility patent that protects the

functional features of its bangle. Alex falsely advertises and asserts, in interstate

commerce, that [u]tilizing an innovative patented and completely original technology

the expandable concept replaces traditional clasps with a sliding mechanism, making

each piece adjustable. This signature expandable feature is available in expandable w

bracelets and rings, expandable chain necklaces and endless hoop earrings. A true an

correct copy of at least one page of Alexs website bearing the false statement is attach

hereto as EXHIBIT 4.

16. On information and belief, Alexs website fails to provide the patent numor numbers covering the purported innovative patented and completely original

technology or disclose to the public and competitors, such as LA GEM and its

customers and potential customers, that it only holds a design patent which cannot pro

the expandable concept [that] replaces traditional clasps with a sliding mechanism,

making each piece adjustable.

17.

Alex is fully aware of its false statements of patent scope and furthermisleads recipients of its unfounded cease and desist letters by sheepishly omitting a

copy of the design patent, which is invalid and unenforceable.

18. As a result of Defendants acts and false statements as alleged herein, LAGEM has and continues to suffer substantial injury and damage, and has lost gains,



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Suite3850

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profits and/or advantages, which it would otherwise have obtained, but for Defendants

acts.

COUNT I

Lanham Act 43(a) False Advertising and Unfair Competition

19. LA GEM hereby realleges and incorporates the allegations in paragraphs to 18 of the complaint as if fully set forth herein.

20. On November 9, 2004, the U.S. Patent & Trademark Office (USPTO)issued the 167 Design Patent for only the aesthetic design of a bangle, naming Caroly

Rafaelian Ferlise as inventor. On information and belief, the 167 Design Patent has b

assigned to Alex.

21. LA GEM is Alexs competitor in the jewelry design, manufacture,distribution, and sales market.

22. Upon information and belief, Alex, directly and indirectly through its agehas used false and misleading representations of fact in connection with the commerci

advertising and promotion of its bangle product, which is sold in interstate commerce.

23. Alex falsely advertises, at least on its website, the 167 Design Patent covfunctional and mechanical claims that are only covered by utility patents and fails to

disclose anywhere on its website either the patent number or that it holds only a design

patent on the purported invention.

24. Only a single claim is permissible in a design patent and Alex is fully awthat the drawings of the 167 Design Patent, which form the single claim, cannot and d

not extend to or claim an expandable function as a matter of law.

25.

Despite being sued in the past by third-parties and made aware of the falspatent scope statements on at least its website, Alex has continued to make the false

statements to thwart competition.

26. These actions of Alex constitute false advertising in violation of Section43(a) of the Lanham Act, 15 U.S.C. 1125(a).



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Suite3850

LosAngeles,CA90067

(310)226-7878

27. By reason of the foregoing, Alex has caused and is causing irreparable hato LA GEM. By falsely misleading the public and the industry as to the scope of its

patent protection, Alex is attempting to unlawfully coerce customers in the jewelry

business to buy the public domain bangles exclusively from Alex and at inflated price28. As a result of Alexs false advertising, LA GEM has suffered, and will

continue to suffer, damage and injury to its business, with a resulting serious loss in

revenue and profits.

29. LA GEM has no adequate remedy at law.COUNT II

False Patent Marking in Violation of 35 U.S.C. 292


31. Alex has used the word patent and the like in association with the sale aadvertising of its products representing that the bangle and all of its uses are covered b

utility patent for the purposes of deceiving the public, including customers and retailer

violation of 35 U.S.C. 292.

32. As a result of the foregoing, Alexs actions have caused, and are continuito cause, irreparable harm to LA GEM.

33. As a result of Alexs actions, LA GEM has suffered, and will continue tosuffer, damage and injury to its business, with a resulting loss of revenue and profits.

34. LA GEM has no adequate remedy at law.

COUNT IIIDeclaration of Noninfringement, Invalidity and Unenforceability

Of the 167 Design Patent




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Suite3850

LosAngeles,CA90067

(310)226-7878

36. LA GEM seeks a declaratory judgment that the 167 Design Patent isinvalid, not infringed and unenforceable for one or more of the following reasons:

a. the 167 Design Patent is invalid for failure to comply with therequirements of the patent laws of the United States, including, but nolimited to, 35 U.S.C. 102, 103 and 112;

b. LA GEM has not infringed, induced infringement of or contributorilyinfringed the 167 Design Patent, and is not liable for infringement;

c. The 167 Design Patent is unenforceable due to patent misuse; andd. Alex is barred from obtaining any relief based on the 167 Design Pate

because of laches, estoppel, and unclean hands.

COUNT IV

Declaration Of Non-Infringement, Invalidity, and Unenforceability

Of Alleged Trade Dress


38. On information and belief, prior to the date of Defendants purportedcreation, third parties developed and first introduced the expandable bangle product,

which designs are in the public domain.

39. On information and belief, the alleged trade dress is used on productsoffered for sale and sold, and that have long been offered for sale and sold, by others i

the jewelry design industry.

40. On information and belief, the alleged trade dress does not includeprotectable trade dress, it is not inherently distinctive, it is functional, and has notacquired secondary meaning including, inter alia, Alex engaged in patent misuse to

exclude competition.

41. LA GEM does not infringe, and has not infringed, any protectable tradedress rights of Alex in the alleged trade dress, and has not engaged in any unfair



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Suite3850

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(310)226-7878

competition or false designation of origin.

42. Alexs alleged trade dress does not constitute a valid and protectabletrademark because the ornamental and decorative product features lack distinctiveness

and does not serve as a source identifier for Alex.43. Alex is barred by the doctrines of waiver, laches, unclean hands, and/or

estoppel from asserting the alleged trade dress against LA GEM.

44. LA GEM respectfully submits that it is entitled to a declaration from thisCourt that LA GEM has not infringed any protectable trade dress right by selling the L

Gem Bangle; Alex has no rights in the alleged trade dress; Alex is barred from assertin

any claim for infringement of the alleged trade dress against LA GEM; and LA GEM

not engaged in unfair competition or false designation of origin, with respect to the

alleged trade dress.

45. LA GEM has no adequate remedy at law.COUNT V

Unfair Competition And False Advertising

(Cal. Bus. And Prof. Code Sec. 17200 and 17500 et. seq.)


47. Alex is LA GEMs competitor in the jewelry market. Alexs abovemisconduct misleads, confuses or deceives the public. Accordingly, Defendants are in

violation of the California Unfair Business Practices Act, codified under Cal. Bus. An

Prof. Code Sec. 17200 and 17500 et. seq.

48.

Unless Alexs forgoing actions are enjoined, LA GEM will continue to, adoes continue to suffer injury and damage.

49. LA GEM has no adequate remedy at law.///

///



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Suite3850

LosAngeles,CA90067

(310)226-7878

PRAYER

WHEREFORE, Plaintiff LA GEM prays for judgment against Defendants as

follows:

A. For an award of damages as provided by law as determined at trial, togethwith prejudgment interest;

B. For a declaration from this Court that the 167 Design Patent is invalid anunenforceable against LA GEM;

C. For a declaration from this Court that LA GEM may continue tomanufacture and sell its LA Gem Bangle, or any other jewelry incorporating the publi

domain design;

D. For a declaration from this Court that LA GEM has not infringed,contributorily infringed or induced infringement of the only claim of the 167 Design

Patent;

E. A permanent injunction enjoining Alex, its officers, agents, servants,employees and all persons in active concert or participation with them, from any use o

any advertisement, promotion or claim that literally or implicitly misleads the trade or

public with regard to the scope of coverage of the 167 Design Patent;

F. A permanent injunction enjoining Alex, its officers, agents, servants,employees and all persons in active concert or participation with them, from any furth

misuse of the 167 Design Patent;

G. A determination that this case is exceptional and awarding LA GEM itscosts and reasonable attorneys fees incurred in this action under 35 U.S.C. 285;

H. For a declaration from this Court that the alleged trade dress is invalid,unenforceable, generic, descriptive, functional, ornamental and/or decorative, and thatAlexs alleged trade dress has not obtained secondary meaning, Alex was not the first

use the alleged trade dress, and Alex has not legally used the alleged trade dress

exclusively for a period of five years;

I. A declaration that LA GEM has not infringed Alexs purported trade dres



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rights;J. A declaration that Alex has no protectable rights in the alleged trade dresK. For an injunction preventing any further interference by Alex with LA

GEM, its customers, manufacturers, retailers and suppliers;L. For costs of suit incurred, including, but not limited to reasonable attornefees;

M. That this Court grant such other and further relief that it deems just andproper.

Dated: May 28,2013 Respectfully submitted,

Milord A. KeshishianArmen ManasserianAttorneys for PlaintiffLA GEM & JEWELRYDESIGN, INC.

-11-COMPLAINT- ury Demand



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EXHIBIT 1



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Exhibit 1 - Page 17



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Exhibit 1 - Page 18



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EXHIBIT 2



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420 Lexington Avenue

Suite 2743

New York, New York 10170

Phone: 212.300.5358

Fax: 888.265.7054

www.garbarinilaw.com

CEASE AND DESIST

May 15, 2013

VIA CERTIFIED MAIL and

EMAIL to

Richard D. ScheppSr. EVP & General Counsel

Kohls Department Stores, Inc.

N56 W17000 Ridgewood DriveMenomonee Falls, Wisconsin 53051

Re: Alex and Ani U.S. Pat. No. D498,167

Kohls Sale of Expandable Wire Bracelet

Mr. Schepp:

Our firm represents Alex and Ani, LLC. Alex and Ani creates, manufactures anddistributes an iconic bangle which is the subject of United States Letters Patent Nos. D498,167

entitled Expandable Wire Bracelet (the 167 Patent).

Kohls Department Stores, Inc. (Kohls or You) has imported, manufactured, sold,

and/or offered for sale at least eleven styles of bangle bracelet (the Accused Bangles) without

authorization or license. See Attachment A. The sale by Kohls of the Accused Bangles raises

issues of confusion in the marketplace over the origination of the Accused Bangles and has

harmed Alex and Anis intellectual property rights, including, but not limited to, its trade dress

under Section 43(a) of the Lanham Act. Moreover, Kohls trading on Alex and Anis goodwill is

certainly an adequate basis for an unfair competition claim.

Our intention is to resolve this matter as amicably as possible, provided Kohls

immediately ceases and desists from any further importation, sale, or offer for sale of the

Accused Bangles and provides the identity of the manufacturer(s) of the Accused Bangles. We

also require an accounting of all sales of the Accused Bangles.

Exhibit 2 - Page 21



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Garbarini FitzGerald P.C.

Page 2

In the meantime, You must retain, maintain, and preserve all relevant documents and

things including electronically stored information (such as e-mail) in their original condition,

relevant to:

The Accused Bangles.

Any and all similar bangle(s). Alex and Ani, LLC.

All sales of the Accused Bangles.

If You are unwilling, or unable, to comply with the foregoing, please inform us

immediately so we may take appropriate measures. Failure to preserve may constitute spoliation

of evidence. I can be reached at 212.300.5358, should you wish to discuss this matter.

GARBARINI FITZGERALDP.C.

By: __________________________

Richard M. Garbarini

Attch.

Exhibit 2 - Page 22



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1

Attachment AACCUSED BANGLES

Kohls Bangles

Silver Plate & Stainless Steel Lab-Created Blue Goldstone

Bead & Star Charm Bangle Bracelet

SKU 93902058

Silver Plate & Stainless Steel Green Aventurine Bead &Dancer Charm Bangle Bracelet

SKU 93902073

Silver Plate & Stainless Steel Amethyst Bead & CrossCharm Bangle Bracelet

SKU 93902121

Exhibit 2 - Page 23



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2

Silver Plate & Stainless Steel Lab-Created Goldstone Bead

& Star Charm Bangle BraceletSKU 93902152

Silver Plate & Stainless Steel Lab Created Turquoise Bead

& Flower Charm Bangle Bracelet

SKU 93902902

Silver Plate & Stainless Steel Cherry Quartz Bead &

Winged Heart Charm Bangle Bracelet

SKU 93902948

Exhibit 2 - Page 24



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3

Silver Plate & Stainless Steel Cherry Quartz Bead & Rose

Charm Bangle BraceletSKU 93902103

Silver Plate & Stainless Steel Black Agate Bead & Guitar

Charm Bangle Bracelet

SKU 93902112

Silver Plate & Stainless Steel Amethyst Bead & Double

Heart Charm Sister Bangle Bracelet

SKU 93902951

Exhibit 2 - Page 25



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Silver Plate & Stainless Steel Rose Quartz Bead & Music

Note Charm Bangle BraceletSKU 93902039

Silver Plate & Stainless Steel Lab-Created Turquoise Bead

& Compass Charm Bangle Bracelet

SKU 93901967

Representative Alex and Ani Bangle

Exhibit 2 - Page 26



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EXHIBIT 3



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Exhibit 3 - Page 27



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EXHIBIT 4



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UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA

NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVER

This case has been assigned to District Judge Dale S. Fischer and the assigned discoMagistrate Judge is Charles Eick.The case number on all documents filed with the Court should read as follows:

CV13- 3776 DSF (Ex)Pursuant to General Order 05-07 of the United States District Court for the Central

District ofCalifornia, the Magistrate Judge has been designated to hear discovery relatedmotions.

All discovery related motions should be noticed on the calendar of the Magistrate Judge

NOTICE TO COUNSELA copy of this notice must be served with the summons and complaint on al l defendants (i f a removal action isfiled, a copy of this notice must be served on all plaintiffs).Subsequent documents must be filed at the following location:

~ e s t e r n Division. 312 N. Spring St., Rm. G-8Los Angeles, CA 90012LJ Southern Division

411 West Fourth St., Rm. 1-053Santa Ana, CA 92701-4516

Failure to file at the proper location will result in your documents being returned to you.

LJ Eastern Division3470 Twelfth St., Rm. 134Riverside, CA 92501

CV-18 (03/06) NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY



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Name & Address: Milord A. Keshishian, SBN 197835m i l o r d @ m i l ~ r d l a w . c o mMILORD & ASSOCIATES, P.C.2049 Century Park East, Suite 3850Los Angeles, CA 90067Telephone: (310-226-7878)

UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA

LA GEM & JEWELRY DESIGN, INC., a CaliforniaCorporation dba LA ROCKS

PLAINTIFF(S)v.ALEX AND ANI, LLC, a Rhode Island limitedliability company; and DOES 1-10, inclusive,

DEFENDANT(S).

TO: DEFENDANT(S):A lawsuit has been filed against you.

CASE NUMBER

SUMMONS

Within 21 days after service of this summons on you (not counting the day you received it), youmust serve on the plaintiff an answer to the attached ii'complaint D amended complaintD counterclaim D cross-claim or a motion under Rule 12 of the Federal Rules ofCivil Procedure. The answeror motion must be served on the plaintiffs attorney, Milord A. Keshishian , whose address is2049 Century Park East, Suite 3850, Los Angeles, CA 90067 . I f you fail to do so,judgment by default will be. entered against you for the relief demanded in the complaint; You also must fileyour answer. or motion with the court.

MAY 2 8 2013

[Use 60 days if he defendant is the United States or a United States agency, or is an officer or employee of he United States. Allowed60 days by Rule J2(a)(3)}.

CV-O!A (IO/I I SUMMONS



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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIACIVIL COVER SHEET

(a ) PLAINTIFFS ( Check bo x if you are representing yourself D )A GEM &JEWELRY DESIGN, INC., a California Corporation, dba LA ROCKS

) Attorneys (Firm Name, Address and Telephone Number. If yo urepresenting yourself, provide same.)Milord A. Keshishian, SBN 197835, [email protected], Tel: (310) 226-7878

MILORD & ASSOCIATES, P.C.2049 Century Park East, Suite 3850Los Angeles, California 90067

BASIS OF JURISDICTION (Place an X n on e box only.) I I

DEFENDANT.S ( Check box if you are representing yourself D )ALEX AND ANI, LLC, a Rhode Island limited li abll ify company

(b ) Attorneys (Firm Name, Address and Telephone Number. If yo uare representing yourself, provide same.)

Ill. CITIZENSHIP OF PRINCIPAL PARTIES-For Diversity Cases Only(Place an X n one box for plaintiff and on e fo r defendant)1. U.S. GovernmentPlaintiff

l&J 3. Federal Question (U.S. PTF DEF PTF DCitizen of This State D 1 D 1 Incorporated or Principal Place D 4 Dof Business In this StateD 2. U.S. Government

Defendant

Government No t a Party)

D 4. Diversity (Indicate Citizenshipof Parties in Item Ill)

. ORIGIN (Place an X n one box only.)l&J 1. Original D 2. Removed from D 3. Remanded fromProceeding State Court Appellate Court

Citizen of Another StateCitizen or Subject of aForeign Country

DD 4. Reinstated orReopened

02 D 2 Incorporated and Principal Placeof Business in Another State03 D 3 Fore .a t ion

5. 1 ansterred trom Anoffier 6.MU1t1-District (Specify) D DistrictLitigation. REQUESTED IN COMPLAINT: JURY DEMAND: l&J Yes 0 No (Check "Yes" only i f demanded in complaint.)

D 5 DD 6 D

ACTION under F.R.Cv.P. 23: D Yes I&! No I&! MONEY DEMANDED IN COMPLAINT:$ >_s_,o_o_o_.o_o---I. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversitLanham Act 43(a) Unfair Competition and False Advertising; False Patent Marking; Declaration of Non-Infringement/Invalidity and Unenforceablility of Design PatentDeclaration ofTrade Dress Non-Infringement, Invalidity, and Unenforceability; Unfair Competition and False Advertising Under California Law.

NATURE OF SUIT (Place an X n one box only).OTHER STATUTES CONTRACT REALPROPERTYrnNT IMMIGRATION PRISONER PETITIONS PROPERTY RIGHTSD 375 False Claims Act D 110 Insurance D 240 Torts to Lanq D 462 Naturalization Habeas Corpus: 0 820 CopyrightsD 245 Tort Product Application D 463 Alien DetaineeD 400 State D 120Marlne Liability 465 Other D 510 Motions to Vacate (&I 830 PatentReapportionment 0D 130 Miller Act 290 All Other Real Immigration Actions Sentence 840 Trademark0 41 O Antitrust D D 530 GeneralD 430 Banks and Banking D 140 Negotiable Prooertv TORTS SOCIAL SECURITY" " ' " ~ " ' A l 0 535 Death PenaltyInstrument TORTS y D 861 HIA (1395ff)

D 450 Commerce/ICC 150 Recovery of PERSONAL INJURY D 370 Other Fraud Other:Rates/Etc. D Overpayment & O 310 Airplane D 540 Mandamus/Other D 862 Black Lung (923)D 460 Deportation Enforcement of D '315Airplane D 371 Truth in Lending D 550 Civil Rights D 8_63 DIWC/DIWW (405 (gJudgmentD 470 Racketeer lnflu- Product Liability D 380 Other Personal D 555 Prison Condition D 864 SSID Title XVIenced & Corrupt Org. D 151 Medicare Act D 320 Assault, Libel & Property DamageSlander 560 Civil Detainee D 865 RSI (405 (g))D 480 ConsumerCredit 152 Recovery of 330 Fed. Employers' D 385 Property Damage D Conditions ofD 490 Cable/Sat TV D Defaulted Student D Liability Product Liability Confinement FEDERAL TAX SUITSLoan (Exel. Vet.) BANKRUPTCY FORFEITURE/PENALTY 870 Taxes (U.S. Plaintiff D 340Marine DD 850 Securities/Com- 153 Recovery of D 422 Appeal 28 625Drug Related Defendant)modities/Exchange D 345 Marine Product USC 1S8 D Seizure of Property 21Overpayment of Liability 423 Withdrawal 28 D 871 IRS-Third Party 26 u890 Other Statutory Vet. Benefits D USC881 7609D Actions D 350 Motor Vehicle USC 1S7D 160 Stockholders' CIVIL RIGHTS D 6900therD 891 Agricultural Acts Suits 35S Motor VehicleD Product Liability D 440 Other Civil RightsD 893 Environmental D 1900ther 360 Other Personal LABORMatters Contract 0. Injury D 441 Voting D 710 Fair Labor StandardsD 895 Freedom of nfo. 195 Contract 362 Personal Injury- D 442 Employment ActAct D Product Liability D Med Malpratice D 720 Labor/Mgmt.D 896 Arbitration n 196 Franchise 365 Personal Injury- D 443 Housing/ RelationsD Product liability Accomodations D 740 Railway Labor ActREAL PROPERTY899 Admin. Procedures 367 Health Care/ 445 American with 0 Act/Review of Appeal of 210 Land Pharmaceutical D Disabilities- D 751 Family and MedicalAgency Decision D Condemnation D Personal Injury Employment Leave ActD 220 Foreclosure Product Liability D 446 American with D 790 Other LaborD 950 Constitutionality of 368 Asbestos Disabilities-Other Litigation State Statutes D 230 Rent Lease & D Personal Injury D 448 Education D 791 Employee Ret. Inc.Ejectment 0 ... -1 .. -.1 ;,;-h"''" Security ActFOR OFFICE USE ONLY: Case Number: CV13- 3776 'AFTER COMPLETING PAGE 1 OF FORM CV-71, COMPLETE THE INFORMATION REQUESTED ON PAGE 2.CV-71 (02/13) CIVIL COVER SHEET Page 1 of 2



38/38

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIACIVIL COVER SHEET

a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? ~ NO D YESIf yes, list case number(s):

RELATED CASES: Have any cases been previously filed in this court that are related to th e present case? f&I NO DYESIf yes, list case number(s):

Civil cases are deemed related if a previously filed case and the presentcase:(Check all boxes that apply) O A. Arise from the same or closely related transactions, happenings, or events; or

0 B. Call for determination of he same or substantially related or similar questions of aw and fact; orO C. For other reasons wou ld entail substantial duplication of abor if heard by different udges; orO D. Involve the same patent , trademark or copyright, and one of he factors identified above in a, b or c also is present.

VENUE: (When completing the following information, use an additional sheet if necessary.)List th e County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named

resides.Check here if he government, its agencies or employees is a named plaintiff. If hi s bo x is checked, go to item (b).

in this District:*Angeles County

California County outside of his District; State, if other than California; or ForeignCountrv

List th e County in this District; California County outside of hi s District; State if other than California; or Foreign Country, in which EACH namedresides.

Check here i f the government, its agencies or employees is a named defendant. If his bo x is checked, go to item (c).y in this District:* California County outside of his Distr ict; State, if other than California;or ForeignCountrv

Rhode Island

List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH claim arosIn land condemnation cases, us e th e location of he tract o f and involved. in thi s District:*

Angeles County

California County outside of his Distric t; State, if other than California; or ForeignCountrv

Angeles, Orange, San Bernardino, R1vers1de, Ventura, Santa Barbara, or San Luis Obispo CountiesIn land condemnation cases, use the location of the tract of and involved

to CounseUPartles: The CV-71 (JS-44) Civil Cover Sheet and the informat ion contai d herein neither replace nor supplement the filing and service of pleadingspapers as required by law. This form, approved by the Judicial Conference of he United States in September 1974, is required pursuant to Local Rule 3-1 is not filet s used by the Clerkof he Court for the purpose of statistics, venue and initiat ing the civil docket sheet. (For more detailed instructions, see separate instructions sheto Statistical codes relating to Social Security Cases:Nature of Sult Code Abbreviation Substantive Statement ofCause ofAction

861 HIA862 BL

863 DIWC

863 DIWW

All claims for health insurance benefits (Medicare) under Title 18, Part A, of he Social Security Act, as amended. Also,include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the program.(42 U.S.C. 1935FF(b))All claims for"Black Lung" benefits unde rTit le4, Part B, of he Federal Coal Mine Health and Safety Act of 1969. (30 U.S.C923) .All claims filed by insured workers for disability insurance benefits under Title 2 of he Social Security Act, as amended; pall claims filed for child's insurance benefits based on disability. (42 U.S.C. 405 (g))All claims filed for widows or widowers insurance benefits based on disabilit y under Title 2 of the Social Security Act, as


Documents

LA Gem & Jewelry Design v. Alex and Ani et. al