1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X Case No. COMPLAINT Jury Trial Demanded VIACOM INTERNATIONAL INC., Plaintiff, v. IJR CAPITAL INVESTMENTS, LLC Defendant. : : : : : : : : : : : : - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - X Plaintiff, Viacom International Inc., files this Complaint against Defendant, IJR Capital Investments, LLC, and alleges the following: I. Parties 1. Plaintiff, Viacom International Inc. (“Viacom”), is a corporation organized and doing business under the laws of the State of Delaware. Viacom’s principal place of business is 1515 Broadway, New York, NY 10036. 2. Defendant, IJR Capital Investments, LLC (“IJR” or “Defendant”), is a limited liability company organized and doing business under the laws of the State of Texas. Upon information and belief, IJR’s principal place of business is 5555 West Loop South, Bellaire, Texas 77401. II. Jurisdiction and Venue 3. This is a civil action for false designation of origin, dilution, unfair competition, and refusal of registration under the Lanham Act, including 15 U.S.C. § 1125 (a) and (c)(1), dilution under Case 4:16-cv-00257 Document 1 Filed in TXSD on 01/29/16 Page 1 of 13
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
Krab” costumes; and a video game called “SpongeBob SquarePants: Creature from the Krusty
Krab.” Viacom has also published books called “Jokes from the Krusty Krab” and “Trouble at the
Krusty Krab!” “Krusty Krab” apparel, including shirts and baseball hats, are sold at The
SpongeBob Store in Universal Studios, Orlando, Florida. Representative samples of these
products, including a Krusty Krab cake topper, the cover of the “Jokes from the Krusty Krab”
book, and a Lego® Krusty Krab playset are shown immediately below.
14. Viacom has also capitalized on the “Krabby Patties” name by, for example, obtaining an
incontestable federal registration for the KRABBY PATTIES mark in International Class 30, U.S.
Registration Number 2900693. Viacom continues to license items for manufacture and sale under
the KRABBY PATTIES name, including gummy candy called “SpongeBob SquarePants Giant
Krabby Patties.”
15. Based upon Viacom’s many years of use, the public equates the “Krusty Krab” name with
Viacom and the SpongeBob SquarePants franchise. Viacom’s “Krusty Krab” mark is referred to
herein as the “Viacom Trademark.”
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16. Given Viacom’s extensive use of the “Krusty Krab” mark in a wide variety of trade
channels -- and the fact that the “Krusty Krab” is a restaurant in the SpongeBob universe -- it is
within the zone of natural expansion of Viacom’s business to operate in restaurant services.
IJR’s Use of the KRUSTY KRAB Mark
17. On December 3, 2014, Defendant filed an application to register the trademark THE
KRUSTY KRAB in Class 43 (Restaurant Services), Serial Number 86470477 (the “Infringing
Mark”).
18. Upon information and belief, the Infringing Mark has not yet registered.
19. Upon information and belief, Defendant is operating or preparing to operate a restaurant
called “The Krusty Krab” in Texas, and promoting that restaurant via social media.
20. On November 23, 2015, upon discovering Defendant’s trademark application and apparent
use of the Infringing Mark, Viacom sent a cease and desist letter to Defendant, demanding that
Defendant withdraw its trademark application and agree not to use the “Krusty Krab” name or any
other SpongeBob Mark in connection with its restaurant services. (Viacom’s letter to Defendant
is attached hereto as Exhibit A.)
21. By letter dated November 25, 2015, Defendant’s counsel rejected Viacom’s demands,
arguing that “[Defendant’s] use of the [Infringing Mark] would not infringe any supposed right of
Viacom” and stating that it “declines to cease use.” (Defendant’s response letter is attached hereto
as Exhibit B.)
Defendant is Attempting to Trade on the Goodwill of the SpongeBob Marks
22. Defendant’s use of the Infringing Mark -- which is identical in appearance and sound to
the Viacom Trademark -- creates a high likelihood of confusion as to the source of the Infringing
Mark and Defendant’s corresponding services.
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23. By using the Infringing Mark in commerce, Defendant is attempting to trade off of the
goodwill and reputation of the “SpongeBob SquarePants” media franchise and the strength of the
Viacom Trademark.
24. Upon information and belief, at the time Defendant filed its application to register the
Infringing Mark and began using the Infringing Mark, it had actual knowledge, or should have
known, of Viacom’s longstanding use of the Viacom Trademark.
25. Upon information and belief, Defendant has acted with the intent to cause dilution, blurring
and tarnishing of the Viacom Trademark.
26. Defendant’s conduct gives rise to the following causes of action.
VI. CAUSES OF ACTION
COUNT ONE
False Designation of Origin in Violation of the Federal Lanham Act
27. Viacom realleges and incorporates by reference the allegations of the preceding Paragraphs
1–26 of this Complaint as if fully set forth herein.
28. Through Defendant’s use of the Infringing Mark in connection with restaurant services,
Defendant has falsely designated and misrepresented the origin, sponsorship, or approval of such
services.
29. Pursuant to 15 U.S.C. § 1125(a), such acts are likely to cause confusion or mistake and
likely have confused and deceived potential and actual customers into believing that the services
offered by Defendant are affiliated with, sponsored by, or connected with Viacom.
30. Defendant’s continued use of the Infringing Mark causes a high likelihood of deception
and confusion to actual and potential consumers in a material manner influential to customers’
purchasing decisions for restaurant services.
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31. As a direct and proximate result of Defendant’s actions, Viacom has suffered and will
continue to suffer damages, including damage to its goodwill and reputation.
COUNT TWO Unfair Competition in Violation of the Federal Lanham Act
32. Viacom realleges and incorporates by reference the allegations of the preceding Paragraphs
1–31 of this Complaint as if fully set forth herein.
33. Through Defendant’s use of the Infringing Mark in connection with its restaurant services,
Defendant is passing off its services as those of Viacom’s in a manner that is false, misleading,
and misrepresentative of the nature, characteristics, and quality of Viacom’s services.
34. Defendant’s acts are likely to cause confusion or mistake, and likely have confused and
deceived potential and actual customers into believing that the services offered by Defendant are
affiliated with, sponsored by, or somehow connected with Viacom.
35. As a direct and proximate result of Defendant’s actions, Viacom has suffered and will
continue to suffer damages, including damage to its goodwill and reputation.
36. Under 15 U.S.C. § 1125(a), Defendant’s acts constitute unfair competition by passing off
its services for those of Viacom.
COUNT THREE Dilution in Violation of the Federal Lanham Act
37. Viacom realleges and incorporates by reference the allegations of the preceding Paragraphs
1–36 of this Complaint as if fully set forth herein.
38. Through Viacom’s long-standing and extensive use and consumer recognition, the
SpongeBob Marks including the Viacom Trademark are famous and have acquired distinctiveness.
39. Defendant’s recent adoption and use of the trademark “The Krusty Krab” occurred after
the Viacom Trademark was famous.
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40. Under 15 U.S.C. § 1125(c)(1), Defendant’s use of “The Krusty Krab” has caused and is
likely to cause dilution by blurring and tarnishing the Viacom Trademark.
41. Defendant’s willful intent to trade on the recognition of the famous Viacom Trademark in
restaurant services will harm the reputation of the famous Viacom Trademark.
42. As a direct and proximate result of Defendant’s actions, Viacom has suffered and will
continue to suffer damages, including damage to its goodwill and reputation.
COUNT FOUR Trademark Infringement in Violation of Texas Common Law
43. Viacom realleges and incorporates by reference the allegations in paragraphs 1-42 as if
fully set forth herein.
44. Viacom has a valid, legally protectable interest in the trademark KRUSTY KRAB.
45. Defendant used Viacom’s trademark in commerce to identify its own services.
46. Defendant did not have Viacom’s consent, permission or license to use its KRUSTY
KRAB trademark.
47. Defendant used the Viacom Trademark with the intent to confuse consumers regarding the
origins of Defendant’s services.
48. Defendant’s use of the Viacom Trademark has caused consumer confusion, and will
continue to cause consumer confusion, regarding the origins of Defendant’s products and services
and has diminished Viacom’s goodwill and ability to control what is sold under its trademarks.
49. Defendant’s conduct constitutes trademark infringement in violation of Texas common
law.
50. Defendant’s acts have caused, and will continue to cause, Viacom to suffer damages.
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COUNT FIVE Dilution under Tex. Bus. & Comm. Code § 16.103
51. Viacom realleges and incorporates by reference the allegations of the preceding Paragraphs
1–50 of this Complaint as if fully set forth herein.
52. Through Viacom’s long-standing and extensive use and the subsequent consumer
recognition, the Viacom Trademark is famous (as defined in Tex. Bus. & Comm. Code § 16.103)
and has acquired distinctiveness.
53. Defendant’s adoption and use of the name “The Krusty Krab” has caused and is likely to
cause dilution by blurring and weakening the Viacom Trademark.
54. Defendant’s willful intent to trade on the famous Viacom Trademark in restaurant services
threatens to harm the reputation of the famous Viacom Trademark.
55. As a direct and proximate result of Defendant’s actions, Viacom has suffered and will
continue to suffer damages, including damage to its goodwill and reputation.
COUNT SIX Unjust Enrichment under Texas Common Law
56. Viacom realleges and incorporates by reference the allegations of the preceding Paragraphs
1–55 of this Complaint as if fully set forth herein.
57. Through Defendant’s use of the Infringing Mark, it has used the significant goodwill and
consumer recognition inherent in the Viacom Trademark as a stepping stone to launch its own
restaurant and gain business.
58. Through Defendant’s use of the Infringing Mark, Defendant’s marketing efforts have
benefited and they have profited financially, and are likely to continue benefiting and profiting, by
leading customers to believe that Defendant’s “The Krusty Krab” restaurant is affiliated with
Viacom.
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59. As a direct and proximate result of Defendant’s actions, Viacom has suffered and will
continue to suffer damages, including damage to its goodwill and reputation.
COUNT SEVEN False Designation of Origin Under Texas Common Law
60. Viacom realleges and incorporates by reference the allegations of the preceding paragraphs
1–59 of this Complaint as if fully set forth herein.
61. Through Defendant’s use of the Infringing Mark in interstate commerce in connection with
Defendant’s restaurant services, Defendant has falsely designated those services as affiliated with
Viacom.
62. Defendant’s use of the Viacom Trademark has the capacity to materially deceive potential
customers, and is likely to cause confusion, or to cause mistake, or to deceive as to the origin of
Defendant’s restaurant services.
63. As a result of Defendant’s false designation of its restaurant services, Viacom has suffered,
and will continue to suffer, damages, including damage to its goodwill and reputation.
COUNT EIGHT Common Law Unfair Competition
64. Viacom realleges and incorporates by reference the allegations of the preceding Paragraphs
1–63 of this Complaint, inclusive as if fully set forth herein.
65. Defendant’s use of the trademark “The Krusty Krab” constitutes unfair competition under
the common law of the State of Texas.
66. Through Defendant’s use of the Infringing Mark in connection with its restaurant services,
Defendant is passing off its services as those of Viacom’s in a manner that is false, misleading,
and misrepresentative of the nature, characteristics, and quality of Viacom’s services.
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67. As a direct and proximate result of Defendant’s actions, Viacom has suffered and will
continue to suffer damages, including damage to its goodwill and reputation.
COUNT NINE Refusal of Registration
68. Viacom realleges and incorporates by reference the allegations of the preceding
Paragraphs 1–67 of this Complaint, inclusive as if fully set forth herein.
69. This Court has the power under 15 U.S.C. § 1119 (Lanham Act § 37) and 28 U.S.C. §
2201 to determine Defendant’s right to registration of the trademark THE KRUSTY KRAB.
70. Defendant’s Infringing Mark THE KRUSTY KRAB, the subject of Application Serial No.
86470477, so resembles the Viacom Trademark as to be likely to cause confusion, or to cause
mistake, or to deceive. Registration should therefore be refused under 15 U.S.C. § 1052(d).
71. Defendant’s Infringing Mark THE KRUSTY KRAB is likely to cause dilution by blurring
or dilution by tarnishment of the famous Viacom Trademark, and registration should be refused
under 15 U.S.C. § 1125(c).
72. Viacom petitions the Court to order the PTO to refuse registration of the applications for
Defendant’s Infringing Mark, Serial No. 86470477, pursuant to 15 U.S.C. § 1119 and 28 U.S.C. §
2201.
V.
PRAYER FOR RELIEF
For all of the foregoing reasons, Viacom asks for judgment against Defendant in the
following form:
(a) Permanent injunction under 15 U.S.C. §§ 1116 and 1125(a) and (c)(1), and Tex.
Bus. & Comm. Code § 16.103(c), barring Defendant, and its officers, agents, employees, and all
persons acting on Defendant’s behalf from: (i) using “The Krusty Krab,” or any other similar
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variation or phonetic equivalent, in connection with its restaurant services; (ii) advertising or
marketing “The Krusty Krab,” or any other similar variation or phonetic equivalent, in signage,
menus, letterhead, business cards, marketing materials, websites or social media; and (iii) publicly
representing, or otherwise stating or implying, that Defendant or its services are in any way
affiliated with Viacom;
(b) An injunction ordering Defendant, pursuant to 15 U.S.C. §§ 1118 and 1125(c)(5), to
deliver for destruction all advertising materials or any other items bearing “The Krusty Krab” or
its equivalent;
(c) An award of Defendant’s profits, damages, and costs under 15 U.S.C. §§ 1117(a) and
1125(c)(5) and Tex. Bus. & Comm. Code § 16.103(c);
(d) Equitable relief including unjust enrichment, constructive trust, and disgorgement of
profits;
(e) That the Court determine that Defendant is not entitled to registration of the trademark
THE KRUSTY KRAB, and certify an order pursuant to 15 U.S.C. § 1119 refusing registration of
application Serial No. 86470477 to the PTO Director, who shall make appropriate entry upon the
records of the PTO and shall be controlled thereby;
(f) An award to Viacom of its reasonable attorneys’ fees and the costs of this action, under
15 U.S.C. §§ 1125(c)(5) and 1117(a) and Tex. Bus. & Comm. Code § 16.103(c); and
(g) All other relief the Court deems appropriate at law and in equity.
VI.
JURY DEMAND
Viacom demands a trial by jury on all issues so triable.
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Respectfully submitted,
Date: January 29, 2016 s/Stephen P. Meleen Stephen P. Meleen Attorney-in-Charge
Texas Bar No. 00795776 Southern District of Texas Bar No. 24154
PIRKEY BARBER PLLC 600 Congress Avenue, Suite 2120 Austin, TX 78701 Telephone: (512) 322-5200 Facsimile: (512) 322-5201
ATTORNEY FOR PLAINTIFF VIACOM INTERNATIONAL INC.
Of Counsel: Tyson D. Smith Texas Bar No. 24079362 Federal Bar No. 2016979 PIRKEY BARBER PLLC 600 Congress Avenue, Suite 2120 Telephone: (512) 322-5200 Facsimile: (512) 322-5201
Case 4:16-cv-00257 Document 1 Filed in TXSD on 01/29/16 Page 13 of 13
EXHIBIT A
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Case 4:16-cv-00257 Document 1-1 Filed in TXSD on 01/29/16 Page 2 of 2
EXHIBIT B
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Notwithstanding the foregoing, IJR’s use of the trademark would not infringe any supposed right
of Viacom. As you know, trademarks must be compared to determine if they are related or if the
activities surrounding their marketing are such that consumer confusion as to origin is likely.
See AMF, Inc. v. Sleekcraft Boats, 599 F.2d 341 (9th Cir. 1979). IJR was not aware of any
trademark claim of rights by Viacom when it selected its trademark. Although you have not
identified any goods and services associated with the KRUSTY KRAB, we note that IJR’s
services, consumers, and channels of trade are distinguishable from Viacom’s and the
SpongeBob Marks. Moreover, consumers are likely to have a high degree of care when
purchasing IJR’s goods and services. IJR is further unaware of any actual consumer confusion.
Finally, IJR has no intention of using any intellectual property similar to the SPONGEBOB
trademark.
Based on the forgoing, our client rejects Viacom’s claim of a likelihood of consumer confusion
and respectfully declines to cease use. Absent a further response we will consider the matter
closed.
Please be advised that nothing herein shall constitute an admission of any kind, or a waiver or
relinquishment of any rights, claims or defenses, which our client may have regarding this
matter, all of which are expressly reserved.
Respectfully,
Ben T. Lila, Esq.
Mandour & Associates, APC
BTL/lan
cc: IJR Capital Investments, LLC
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JS 44 (Rev. 12/07) 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 as providedby 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 initiatingthe civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
DEFENDANTS
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THELAND INVOLVED.
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 DEFPlaintiff (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 5Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a 3 3 Foreign Nation 6 6 Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 610 Agriculture 422 Appeal 28 USC 158 400 State Reapportionment120 Marine 310 Airplane 362 Personal Injury - 620 Other Food & Drug 423 Withdrawal 410 Antitrust130 Miller Act 315 Airplane Product Med. Malpractice 625 Drug Related Seizure 28 USC 157 430 Banks and Banking140 Negotiable Instrument Liability 365 Personal Injury - of Property 21 USC 881 450 Commerce150 Recovery of Overpayment 320 Assault, Libel & Product Liability 630 Liquor Laws PROPERTY RIGHTS 460 Deportation
Student Loans 340 Marine PERSONAL PROPERTY Safety/Health 490 Cable/Sat TV (Excl. Veterans) 345 Marine Product 370 Other Fraud 690 Other 810 Selective Service
153 Recovery of Overpayment Liability 371 Truth in Lending LABOR SOCIAL SECURITY 850 Securities/Commodities/ of Veteran’s Benefits 350 Motor Vehicle 380 Other Personal 710 Fair Labor Standards 861 HIA (1395ff) Exchange
160 Stockholders’ Suits 355 Motor Vehicle Property Damage Act 862 Black Lung (923) 875 Customer Challenge190 Other Contract Product Liability 385 Property Damage 720 Labor/Mgmt. Relations 863 DIWC/DIWW (405(g)) 12 USC 3410195 Contract Product Liability 360 Other Personal Product Liability 730 Labor/Mgmt.Reporting 864 SSID Title XVI 890 Other Statutory Actions196 Franchise Injury & Disclosure Act 865 RSI (405(g)) 891 Agricultural Acts
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 740 Railway Labor Act FEDERAL TAX SUITS 892 Economic Stabilization Act210 Land Condemnation 441 Voting 510 Motions to Vacate 790 Other Labor Litigation 870 Taxes (U.S. Plaintiff 893 Environmental Matters220 Foreclosure 442 Employment Sentence 791 Empl. Ret. Inc. or Defendant) 894 Energy Allocation Act230 Rent Lease & Ejectment 443 Housing/ Habeas Corpus: Security Act 871 IRS—Third Party 895 Freedom of Information240 Torts to Land Accommodations 530 General 26 USC 7609 Act245 Tort Product Liability 444 Welfare 535 Death Penalty IMMIGRATION 900Appeal of Fee Determination290 All Other Real Property 445 Amer. w/Disabilities - 540 Mandamus & Other 462 Naturalization Application Under Equal Access
Employment 550 Civil Rights 463 Habeas Corpus - to Justice446 Amer. w/Disabilities - 555 Prison Condition Alien Detainee 950 Constitutionality of
Other 465 Other Immigration State Statutes440 Other Civil Rights Actions
V. ORIGINTransferred fromanother district(specify)
Appeal to DistrictJudge fromMagistrateJudgment
(Place an “X” in One Box Only)1 Original
Proceeding2 Removed from
State Court 3 Remanded from
Appellate Court4 Reinstated or
Reopened 5 6 Multidistrict
Litigation7
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 F.R.C.P. 23
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
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
I. (a) PLAINTIFFS Viacom International Inc.
Pirkey Barber PLLC, 600 Congress Ave., Suite 2120, Austin TX78701 512.322.5200
IJR Capital Investments, LLC.
Harris
15 U.S.C. § 1125(a) and (c)(1)
False designation of origin, unfair competition, and dilution
✔
01/29/2016 s/ Stephen P. Meleen
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JS 44 Reverse (Rev. 12/07)
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 requiredby 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 useof 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 complaintfiled. 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 onlythe 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, givingboth 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 timeof 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, notingin this section “(see attachment)”.
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X” in oneof 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 theConstitution, 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 box1 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 thedifferent parties must be checked. (See Section III below; 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 sectionfor each principal party.
IV. Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficientto enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, selectthe most definitive.
V. Origin. Place an “X” in one of the seven boxes.Original Proceedings. (1) Cases which originate in the United States district courts.Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petitionfor removal is granted, check this box.Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrictlitigation 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 boxis checked, do not check (5) above.Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision.
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 statutesunless 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 dollar amount (in thousands of dollars) 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 numbersand the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
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