Turbo Style Products v Amazon - Complaint

8/13/2019 Turbo Style Products v Amazon - Complaint

1/102

1

Andrew W. Stavros (8615)Austin B. Egan (13203)STAVROS LAW P.C.11693 South 700 East, Suite 200Draper, Utah 84020Tel: (801) 758.7604Fax: (801) 893.3573Email: [email protected]

[email protected]

Attorneys for Plaintiff Turbo Style Products

IN THE UNITED STATES DISTRICT COURT IN AND FOR

THE DISTRICT OF UTAH, CENTRAL DIVISION

TURBO STYLE PRODUCTS, LLC,a Utah limited liability company,

Plaintiff,

vs.

AMAZON.COM, INC.,a Delaware corporation,

Defendant.

COMPLAINT

Case No. 2:14-cv-00125-DBP

Magistrate Dustin B. Pead

Plaintiff Turbo Style Products, LLC, by and through its undersigned attorneys, brings this

complaint (the Complaint ) against Defendant Amazon.com, Inc.

PRELIMINARY STATEMENT

1. Turbo Style brings this action under U.S. patent laws 35 U.S.C. 1 et seq ., under

the Lanham Trademark Act, 15 U.S.C. 1125 and 1501 et seq ., and under various Utah state

law and common law provisions.

Case 2:14-cv-00125-DBP Document 2 Filed 02/20/14 Page 1 of 16


2/102

2

PARTIES, JURISDICTION, & VENUE

2. Plaintiff Turbo Style Products, LLC (Turbo Style or Plaintiff ) is a limited

liability company lawfully registered and existing under the laws the State of Utah. Turbo Style

conducts business in Utah and its principal office is located at 2402 Lake View Ct, Park City,

Utah 84060.

3. Defendant Amazon.com, Inc. (Amazon or Defendant) is a corporation

organized and existing under the laws of the State of Delaware with its principal place of

business located in Seattle, Washington.

4. This Court has subject matter jurisdiction over Turbo Styl es federal claims

asserted herein pursuant to 28 U.S.C. 1331 and 1338.

5. This Court has supplemental jurisdiction over Turbo Styles state law claims

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

6. This Court may exercise personal jurisdiction over Amazon because Amazon has

purposefully directed its business activities toward the State of Utah.

7. Amazons contacts with Utah are substantial, continuous, and systematic, and this

action is based on activities that arise out of or are related to those contacts. (Additional

allegations relevant to personal jurisdiction are set forth in the general allegations that follow).

8. This action properly lies in the District of Utah, Central Division, pursuant to 28

U.S.C. 1391(b) because claims asserted herein arose in this judicial district.

9. Accordingly, venue is proper pursuant to 28 U.S.C. 1391.

GENERAL ALLEGATIONS

Turbo Styles Products and Intellectual Property



3/102

3

10. Turbo Style is in the business of inventing, developing, manufacturing,

distributing, and selling various automobile accessories.

11. Turbo Style is the owner of two design patents designated as United States Design

Patent Nos. D672,917 and D675,776 (co llectively the Turbo Style Patents). Copies of the

Turbo Style Patents are attached hereto as Exhibit A. The Turbo Style Patents claim the design

of an automobile headlight accessory that approximates the shape of eye lashes. The designs

claimed by the Turbo Style Patents are illustrated below.



4/102

4

12. Turbo Style manufactures, markets, and sells automobile accessory products

throughout the United States, including products that approximate the shape of eyelashes and

that are sold under the CARLASHES mark (the CARLASHES Products).

13. Through the extensive sale, marketing, and distribution of the CARLASHES

Products, the design and trade dress of the CARLASHES Products has become distinctive and

consumers associate the design and trade dress with Turbo Style. An image of one example of

the CARLASHES Products is illustrated below.

Amazon.com

14. Amazon is one of the worlds largest online retailers of a wide range of products,

including automobile accessories. Amazon owns, operates, maintains and controls the website

www.amazon.com .

15. Through its website, (www.amazon.com ), Amazon sells products directly to

customers all over the United States (including Utah) and throughout the word.

16. Amazon also facilitates, encourages, participates in, and permits sales between

third-party sellers and customers. Third-party sellers use Amazon to list, market, sell, and

http://www.amazon.com/http://www.amazon.com/http://www.amazon.com/http://www.amazon.com/http://www.amazon.com/http://www.amazon.com/http://www.amazon.com/


5/102

5

distribute their products. Amazon processes payments made by customers and provides the

technology and infrastructure to complete the sales between third parties and their customers.

17. Additionally, Amazon operates a fulfillment service and network (the fulfillment

service) whereby third -party sellers send their products to Amazon fulfillment centers across the

United States. Upon completing a sale on Amazon.com, Amazon ships the products for the

sellers and provides customer service on behalf of the sellers.

Amazons Misconduct

17. Upon information and belief, Amazon markets, sells, offers for sale, fulfills sales,

distributes, and/or imports into the United States automobile accessories that infringe on the

Turbo Style Patents (the Infringing Products).

18. Upon information and belief, Amazons continued marketing, sales, offers for

sale, fulfillments of sales, distributions, and/or imports of the Infringing Products has injured, is

injuring, and will continue to cause irreparable injury to Turbo Style.

19. Domestic and international third-party sellers (particularly sellers based in China)

use Amazons fulfillment service to sell products that infringe on Turbo Styles patents,

trademark, and other intellectual property rights pertaining to the CARLASHES products.

20. Amazons fulfillment service provides the techno logy, infrastructure, and logistics

to enable the sale and shipment of products that infringe on Turbo Styles patents, trade dress,

and common law rights.

21. Upon information and belief, Infringing Products have been sold on amazon.com

(or through Ama zons fulfillment service) to many customers in Utah.



6/102

6

22. Amazon has marketed the Infringing Products to Utah customers, offered to sell

the Infringing Products to Utah customers, processed payments from Utah customers, completed

sales of the Infringing Products to Utah customers, and shipped and/or distributed infringing

products to Utah customers.

23. Because there are so many sellers on Amazon.com who sell and (offer to sell)

infringing products, it is difficult for Turbo Style to maintain an accurate and comprehensive list

of all of Amazons infringing product listings. The list of infringing product listings will

continue to change as new sellers emerge. To the best of Turbo Styles knowledge, information,

and belief, the infringing product listings currently include:

Product/Seller Name

eBada GroupKnow DealsGarden ArenaBuyme-acceeAnnie/Bella - Gimmick WorldSummersonSaleBid SurpisePengzhang19841112Car Sticker (sells through Gimmick World)Blue StripeAngel BeautyMcCartney Kay Auto Cosmetics, LLCRedline Store (sells through Gimmick World)Promise is Promise

ASIN (Amazon StandardIdentification Number)

B000405M54QB004Y10kP4B005PL2AVQUsing the Carlashes name B007FAYBTE

B004UVEGPKB004UVEGPKB00AZZQYUA

24. Additionally, upon information and belief, Amazon acted in an objectively

reckless manner with respect to Tubro Styles patent rights. Amazon has been made aware of the

infringing product listings yet has taken no action whatsoever to remove those listings.

25. On information and belief, Amazon has used, marketed, sold, offered for sale,

participated in and substantially contributed to sales, and/or imported into the United States the



7/102

7

Infringing Products knowing that it was highly likely that their acts would constitute

infringement of a valid patent.

26. Consequently, Amazon has engaged in willful infringement of the Turbo Style

Patents and Turbo Style is therefore entitled to treble damages, attorneys fees , court costs, and

prejudgment interest pursuant to 35 U.S.C. 284 and 285.

27. Amazon has used, marketed, sold, offered for sale, participated in and

substantially contributed to sales, and/or imported into the United States the Infringing Products

which copy the trade dress of Turbo Styles CARLASHES Products.

28. Through its website and its fulfillment service, Amazon is in direct competition

with Turbo Style and the Infringing Products are substantially identical to Turbo Styles

CARLASHES Products.

29. Infringing Products sold on am azon.com and through Amazons fulfillment

service are marketed through identical channels of trade as those channels used by Turbo Style.

30. Infringing Products sold on amazon.com and through Amazons fulfillment

service are marketed to identical customers that Turbo style markets to.

31. Amazon has used, marketed, sold, offered for sale, participated in and

substantially contributed to sales, and/or imported into the United States product designs that are

confusingly similar to the CARLASHES Products.

33. The infringing product designs are likely to cause confusion or mistake as to the

affiliation, connection, or association of the Infringing Products to their true manufacturer.

33. The infringing product designs are likely to cause confusion or mistake as to the

affiliation, connection, or association of CARLASES Products with Turbo Style.



8/102

8

34. Upon information and belief, Amazon has purposefully marketed, sold, offered

for sale, distributed, and/or imported counterfeit copies of Turbo Style s CARLASHES Products .

35. Upon information and belief, and Amazon has purposefully marketed, sold,

offered for sale, distributed, and/or imported products that infringe on Turbo Styles trade dress .

36. Upon information and belief, Amazon has unlawfully benefited from Turbo

Styles goodwill in the marketplace by marking, selling, offering for sale, distributing, and/or

importing counterfeit copies of Turbo Styles CARLASHES Products .

37. Turbo Style has been and continues to be significantly damaged by Amazons

actions. So long as Amazon continues to perform the unlawful and improper actions described

in this Complaint, Turbo Style will continue to suffer irreparable harm that will not be fully

compensable by money damages.

38. On September 30, 20 13 and again on October 29, 2013, Turbo Styles counsel

sent a notice of patent and trademark infringement to Amazon, and demanded that Amazon

remove all infringing products from amazon.com. Tu rbo Styles September 30, 2013 n otice is

attached hereto as Exhibit B. Turbo Styles October 29, 2013 n otice is attached hereto as Exhibit

C.



9/102

9

FIRST CAUSE OF ACTIONPATENT INFRINGEMENT OF THE T URBO STYLE P ATENTS UNDER 35 U.S.C. 271

39. The preceding allegations are incorporated herein by reference.

40. Turbo Style owns the Turbo Style Patents.

41. Amazon uses, markets, sells, offers for sale, participates in, substantially

contributes to sales, and/or imports into the United States automobile accessories that directly

infringe on the Turbo Style Patents.

42. Turbo Style has not granted Amazon (or any third-party sellers on amazon.com)

permission, license, or authorization to use the designs in the Turbo Style Patents.

43. Upon information and belief, Amazons infringing activities have damaged Turbo

Style in an amount to be proven at trial. Among other remedies, Turbo Style is entitled to its lost

profits, or in the alternative, a reasonable royalty to adequately compensate Turbo Style for

Amazons infringing activities under 35 U.S.C. 284.

44. Further, the harm to Turbo Style arising from Amazons unlawful acts is not

adequately or fully compensable by money damages. Turbo Style has suffered and continues to

suffer irreparable harm and Turbo Style has no adequate remedy at law. Turbo Style will

continue to suffer this H arm until Amazons infringing conduct is preliminarily and permanently

enjoined.

45. On information and belief, Amazon acted in an objectively reckless manner with

regard to Turb o Styles patent rights.



10/102

10

46. Upon information and belief, Amazon used, marketed, sold, offered for sale,

participated in and substantially contributed to sales, and/or imported into the United States the

Infringing Products knowing that it was highly likely that its actions would constitute

infringement of a valid patent.

47. Amazon knew or reasonably should have known that its actions were highly

likely to result in the infringement of a valid patent.

48. Amazon has engaged in willful infringement of the Turbo Style Patents, and

Turbo Style is therefore entitled to treble damages, attorneys fees , costs incurred in this action,

and prejudgment interest pursuant to 35 U.S.C. 284 and 285.

SECOND CAUSE OF ACTIONC ONTRIBUTORY P ATENT INFRINGEMENT , 35 U.S.C. 271( C)

49. The preceding paragraphs are incorporated herein by reference.

50. Through its website and its fulfillment service, Amazon sells, offers to sell, and/or

imports the Infringing Products.

51. Amazon permits, assists, and encourages third-parties to post the Infringing

Products for sale on amazon.com.

52. Amazon permits, assists, and encourages the sale of Infringing Products on

amazon.com and through its fulfillment service.

53. Amazon has been made aware of multiple infringing product listings. (See

Exhibits B and C).

54. Amazon has nevertheless taken no action to prevent the marketing, sale, offer for

sale, and/or importation of the Infringing Products.



11/102

11

55. The Infringing Products are not a staple or article suitable for any substantial non-

infringing use.

THIRD CAUSE OF ACTIONT RADE DRESS INFRINGEMENT AND UNFAIR C OMPETITION , 15 U.S.C. 1125( A)

AND C OMMON L AW


57. The trade dress design features associated with the Turbo Style CARLASHES

Products are indicative of Turbo Style and its automobile accessories, are inherently distinctive,

and have acquired secondary meaning with the consuming public.

58. The Infringing Products use design features that are likely to cause confusion or

mistake, or to deceive as to the affiliation, connection, association, origin, sponsorship, or

approval of their goods and commercial activities in light of Turbo Styles trade dress.

59. By engaging in the activities set forth herein, Amazon has infringed Turbo Styles

trade dress and is liable for unfair competition under 15 U.S.C. 1125(a)(1)(A) and under the

common law.

60. Turbo Style has suffered actual damages as a result of Amazons trade dress

infringement and unfair competition in an amount to be proven at trial.

61. Additionally, the harm to Turbo Style arising from Amazons acts is not fully

compensable by money damages. Turbo Style has suffered and continues to suffer irreparable

harm. Turbo Style has no adequate remedy at law and the harm to Turbo Style will continue

until Amazons conduct is preliminarily and permanently enjoined.



12/102

12

62. Amazons continued use, marketing, sale, and offers for sale of Turbo Styles

trade dress is willful and intentional. As a result, Turbo Style is also entitled to treble damages,

attorneys fees, and costs.

FOURTH CAUSE OF ACTIONC ONTRIBUTORY T RADE DRESS INFRINGEMENT


64. On its website and through it fulfillment service, Amazon continues to provide the

technology, infrastructure, and logistics to enable the sale and shipment of products that infringe

on Turbo Styles patents, trade dress, and common law rights.

65. Amazon owns, operates, controls, and maintains its website and its fulfillment

service.

66. Amazon has complete control over product listings on its website and has

complete control over its fulfillment centers.

67. Despite being alerted to infringing product listings on its website (see Exhibits B

and C), Amazon knowingly continues to facilitate, encourage, permit and assist third parties to

sell products that infringe on Turbo Styles trade dress.

68. Turbo Style has suffered actual damages as a result of Amazons contributory

trade dress infringement in an amount to be proven at trial.




unless Amazons conduct is preliminarily and permanently enjoined.



13/102

13

FIFTH CAUSE OF ACTIONVICARIOUS T RADE DRESS INFRINGEMENT


71. Amazon, the third parties that sell infringing products on amazon.com, and the

third parties that sell infringing products through Amazons fulfillment service all have authority

to bind one another in transactions with customers.

72. Amazon and these third-party sellers exercise joint ownership or control over the

marketing, sale, offers for sale, and/or distribution of products that infringe on Turbo Styles

trade dress.

73. Amazon knowingly facilitates, encourages, permits and assists the third-party

sellers to enable the sale and delivery of products that infringe on Turbo Styles trade dress.

74. Amazon has the authority and ability to remove infringing product listings from

its website but h as failed to do so, despite Turbo Styles requests.

75. Amazon has the authority and ability to stop the fulfillment of sales of the

Infringing Products, but has failed to do so, despite Turbo Styles requests.

76. Turbo Style has suffered actual dam ages as a result of Amazons vicarious trade

dress infringement in an amount to be proven at trial.




until Amazons conduct is preliminarily and permanently enjoined.



14/102

14

SIXTH CAUSE OF ACTIONCOUNTERFEITING, 15 U.S.C. 1117


79. On its website and through its fulfillment service, Amazon markets, sells, offers

for sale, distributes, and/or imports counterfeit copies of Turbo Styles CARLASHES Products.

80. The counterfeit copies sold, offered for sale, distributed, and/or imported by

Amazon are counterfeit products pursuant to 15 U.S.C. 1117.

81. Turbo Style has been and continues to be irreparably harmed by Amazons

unlawful counterfeiting.

82. Turbo Style should be awarded damages in amount to be determined at trial.

83. Amazons counterfeiting was done willfully. Turbo Style is therefore entitled to

treble damages, statutory damages, attorneys fees, and court costs.

SEVENTH CAUSE OF ACTIONUNFAIR COMPETITION, UTAH CODE ANN. 13-5A-103, UTAH CODE ANN. 13-5-

14, AND/OR UTAH COMMON LAW


85. Turbo Style owns the Turbo Style Patents.

86. Amazon has engaged in unfair competition by infringing on the Turbo Style

Patents.

87. Amazon uses, markets, sells, offers for sale, and/or imports into the United States

automobile accessories that infringe the Turbo Style Patents.

88. Amazon has also engaged in unfair methods of competition by infringing Turbo

Styles trade dress.



15/102

15

89. Turbo Style has been injured by Amazons unfair competition. Customers are

buying the Infringing Products on amazon.com and through Amazons fulfillment service.

90. By engaging in the actions described herein, Amazon has engaged in unfair

competition under Utah Code Ann. 13-5A-103, Utah Code Ann. 13-5-14, and/or Utah

Common Law.

91. Turbo Style has suffered actual damages as a result of Amazons unfair practices

in an amount to be proven at trial.

92. The harm to Turbo Style caused by Amazons conduct is not adequately or fully


harm and has no adequate remedy at law. The harm to Turbo Style will continue unless

Amazons unfair and unlawful conduct is preliminarily and permanently enjoined.

93. Turbo Style should also be awarded its attorneys fees and court costs.

CONCLUSION & REQUEST FOR RELIEF

WHEREFORE, based on the foregoing, Plaintiff Turbo Style Products, LLC respectfully

requests a judgment from the Court as follows:

(1) Amazon has directly and willfully infringed the Turbo Style Patents;

(2) Amazon is liable for contributory infringement of the Turbo Style Patents;

(3) Amazon has engaged in direct, contributory, and vicarious trade dress infringement;

(4) Amazon has engaged in the willful counterfeiting of Turbo Styles products;

(5) Amazon has engaged in unfair competition pursuant to Utah Code Ann. 13-5A-103,Utah Code Ann. 13-5-14, and/or Utah common law;

(6) Preliminary and permanent injunctive relief enjoining Amazon, its officers, directors, principals, agents, employees, successors and assigns, and all others aiding, abetting, oracting in concert or active participation therewith, from directly or indirectly infringing



16/102

16

Turbo Styles patents and trade dress, including without limitation, injunctive relief precluding Amazon from marketing, selling, offering for sale, or importing products thatinfringe Turbo Styles pat ents and trade dress;

(7) A judgment against Amazon for Turbo Styles actual damages in an amount to be provenat trial;

(8) A judgment awarding Turbo Style treble damages to be determined at trial;

(9) A judgment awarding Turbo Style its attorneys fees and court costs;

(10) A judgment awarding Turbo Style prejudgment and post-judgment interest, as applicable,at the highest lawful rate; and

(11) A judgment awarding Turbo Style such other and further relief, at law or equity, to whichTurbo Style may be justly entitled.

Respectfully submitted on this the 20th day of February, 2014.

STAVROS LAW, P.C.

/s/ Austin B. Egan________Austin B. Egan

Attorney for Plaintiff Turbo Style Products, LLC



17/102

S 44 (Rev. 12/12) CIVIL COVER SHEETThe 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 asrovided 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 theurpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OFTHE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

I. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaint(For Diversity Cases Only) and One Box for Defendant)

1 U.S. Government 3 Federal Question PTF DEF PTF DEFPlaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4

of Business In This State

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

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

V. NATURE OF SUIT (Place an X in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 400 State Reapportionment130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 410 Antitrust140 Negotiable Instrument Liability 367 Health Care/ 430 Banks and Banking150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 450 Commerce

& Enforcement of Judgment Slander Personal Injury 820 Copyrights 460 Deportation151 Medicare Act 330 Federal Employers Product L iabi lity 830 Patent 470 Racketeer Influenced an152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizations

Student Loans 340 Marine Injury Product 480 Consumer Credit (Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY 490 Cable/Sat TV

153 Recovery of Overpayment Liabilit y PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 850 Securities/Commodities of Veterans Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) Exchange

160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 890 Other Statutory Actions190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI 891 Agricultural Acts195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 893 Environmental Matters196 Franchise Injury 385 Property Damage 751 Family and Medical 895 Freedom of Information

362 Personal Injury - Product Liability Leave Act Act Medical Malpractice 790 Other Labor Litigation 896 Arbitration

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS 899 Administrative Procedu210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff Act/Review or Appeal of220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) Agency Decision230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party 950 Constitutionality of 240 Torts to Land 443 Housing/ Sentence 26 USC 7609 State Statutes245 Tort Product Liability Accommodations 530 General290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION

Employment Other: 462 Naturalization Application 446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration

Other 550 Civil Rights Actions 448 Education 555 P rison Condition

560 Civil Detainee - Conditions ofConfinement

V. ORIGIN (Place an X in One Box Only)1 Origina lProceeding

2 Removed fromState Court 3 Remanded fromAppellate Court

4 Reinstated or Reopened 5 Transferred fromAnother District

(specify)

6 MultidistrictLitigation

VI. CAUSE OF ACTIONCite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity ): Brief description of cause:

VII. REQUESTED INCOMPLAINT:

CHECK IF THIS IS A CLASS ACTIONUNDER RULE 23, F.R.Cv.P.

DEMAND $ CHECK YES only if demanded in complaint:JURY DEMAND: Yes No

VIII. RELATED CASE(S)IF ANY (See instructions): JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

OR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

Case 2:14-cv-00125-DBP Document 2-1 Filed 02/20/14 Page 1 of 2

TURBO STYLE PRODUCTS, LLC

Summit County, Utah

Andrew Stavros (8615), Austin Egan (13203), STAVROS LAW, P.C.11693 South 700 East, Suite 200, Draper, Utah 84020Tel. 801.758.7604

AMAZON.COM, INC.

King County, Washington

35 USC 1 et seq., 15 U.S.C. 1125 and 1501 et seq., 15 U.S.C. 1117

Patent infringement, contributory patent infringement, trade dress infringement, counterfeiting

2/20/2014 /s/ Austin B. Egan

Print Save As... Reset


18/102

JS 44 Reverse (Rev. 1 2 /12)

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 asrequired by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, isrequired 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 andthen 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 landcondemnation 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, notingin 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 amendmentto 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, thecitizenship of the different parties must be checked . (See Section III below ; NOTE: federal question actions take precedence over diversitycases. )

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

IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, issufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more thanone nature of suit, select the most definitive.

V. Origin. Place an "X" in one of the six boxes.Original Proceedings. (1) Cases which originate in the United States district courts.Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.

When the petition for removal is granted, check this box.Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filingdate.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 ormultidistrict litigation transfers.Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.When this box is checked, do not check (5) above.

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 jurisdictionalstatutes 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 docketnumbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.



19/102

Exhibit A

Turbo Style Patents



20/102



21/102



22/102



23/102



24/102



25/102



26/102



27/102



28/102



29/102

Exhibit BLetter to Amazon

September 30, 2013



30/102



31/102



32/102



33/102



34/102



35/102



36/102



37/102



38/102


39/102



40/102



41/102



42/102



43/102



44/102



45/102



46/102



47/102



48/102



49/102



50/102



51/102



52/102



53/102



54/102



55/102



56/102



57/102



58/102



59/102



60/102


61/102



62/102



63/102



64/102



65/102

Exhibit C

Letter to AmazonOctober 29, 2013



66/102



67/102



68/102



69/102



70/102



71/102



72/102



73/102



74/102



75/102



76/102



77/102



78/102



79/102



80/102



81/102



82/102



83/102



84/102



85/102



86/102



87/102



88/102



89/102



90/102



91/102



92/102



93/102



94/102



95/102



96/102



97/102



98/102



99/102



100/102



101/102



102/102


Documents

Turbo Style Products v Amazon - Complaint