Umbra v Parts v. APS - Complaint

7/30/2019 Umbra v Parts v. APS - Complaint

1/90

UNITED STATES DISTRICT COURTWESTERN DISTRICT OF NEW YORK_______________________________________

UMBRA, LLC

1705 BROADWAY STREET COMPLAINTBUFFALO, NEW YORK 14212

Plaintiff, J URY TRIAL DEMANDED

v.Civil Action No. _____________________

APPLIANCE PARTS STOP(a/k/a APPLIANCE PARTS MASTERS)(a/k/a MASTERS APPL IANCE PARTS)(a/k/a UNIVERSAL APPLIANCE PARTS)

(d/b/a PRICELESSSUPPL Y on Amazon.com)16141 NORDHOFF STREETNORTH HILLS, CALIFORNIA 91343

Defendant._______________________________________

Plaintiff Umbra, LLC (UMBRA), for its Complaint against Defendant Appliance Parts

Stop (a/k/a Appliance Parts Masters and Masters Appliance Parts) (d/b/a PriceleSSSupply on

Amazon.com) (collectively APS), alleges:

NATURE OF THIS ACTION

1. UMBRA seeks injunctive relief and damages against APS for patent infringementarising under the Patent Laws of the United States, 35 U.S.C. 101et seq., including 35 U.S.C.

271, 281, 283, 284 and 289.

2. UMBRA seeks injunctive relief and damages against APS for trademarkinfringement arising under the Trademark Laws of the United States, 15 U.S.C. 1051et seq.,

including 15 U.S.C. 1114, 1116, 1117, 1118, 1124 and 1125.

Case 1:13-cv-00421 Document 1 Filed 04/26/13 Page 1 of 18


2/90

- 2 -

THE PARTIES

3. UMBRA is a New York limited liability company having its principal place ofbusiness at the address set forth in the caption above.

4. UMBRA is a worldwide leader in the design and manufacture of original, casual,contemporary, affordable product designs for every room in the home. Founded in 1979, the

companys products are available on-line and at over 25,000 retailers in more than 75 countries.

5. Upon information and belief, APS is a California corporation having its principalplace of business at the address set forth in the caption above.

6.

Upon information and belief, APS has manufactured and/or imported for sale in

the United States a hanging dress shaped storage device of the kind described in this Complaint.

J URISDICTION AND VENUE

7. The Court has subject matter jurisdiction pursuant to Title 15, United States Code 1121(a) and Title 28, United States Code 1331 and 1338(a).

8. The Court has personal jurisdiction over APS because of APSs contacts with thisforum including, at least, regularly and intentionally doing, transacting and soliciting business;

contracting to supply goods; advertising and marketing infringing goods; deriving substantial

revenues from the sale of goods; knowing or expecting its actions to have consequences in this

jurisdiction; and deriving substantial revenue from interstate and/or international commerce

through online sales to customers and otherwise.

9. Venue is proper in this District under 28 U.S.C. 1391(b), 1391(c) and 1400(b).



3/90

- 3 -

UMBRA AND ITS INTELLECTUAL PROPERTY

10. Over a period of 30 years, UMBRA has developed and maintained, at considerableexpense, in the United States and worldwide, valuable patents and trade dress, valuable trade

names, a reputation for excellence, and valued relationships with retailers and customers.

11. To develop and maintain these assets and associated good will, and to protect itsinnovative designs, UMBRA has invested substantial amounts of money, time and other

resources.

12. In particular, on or about October 20, 2011, UMBRA filed a design patentapplication in the United States Patent and Trademark Office claiming the ornamental design for

a dress-shaped organizer. The patent issued as United States Design Patent No. D657,172 (the

172 Patent) on April 10, 2012.

13. A true and correct copy of the 172 Patent is annexed as Exhibit 1.14. UMBRA owns the 172 Patent and, as such, has the right to sue and recover for

past, present and future infringement of the 172 Patent and to obtain the relief claimed in this

Complaint.

15. Since at least as early as March 29, 2011, UMBRA has used the trademarkLITTLE BLACK DRESS in association with non-metal fabric hanging organizers.

16. An application to register the trademark LITTLE BLACK DRESS was filed under15 U.S.C. 1051(a) on March 29, 2013 and is currently pending before the United States Patent

and Trademark Office as United States Trademark Application Serial No. 85/890,762 (the 762

Application).

17. A true and correct copy of the 762 Application for registration as filed is annexedas Exhibit 2.



4/90

- 4 -

18. UMBRA owns the trademark LITTLE BLACK DRESS and the related 762Application, and continues to use the trademark LITTLE BLACK DRESS in association with

non-metal fabric hanging organizers.

19. In the course of business, UMBRA has prominently displayed the trademarkLITTLE BLACK DRESS on various types of packaging materials used with its non-metal fabric

hanging organizers throughout the United States. UMBRA has also prominently displayed the

trademark LITTLE BLACK DRESS on various types of advertising and promotional materials

throughout the United States.

20.

UMBRA has invested substantial sums in marketing and advertising its products

sold under the LITTLE BLACK DRESS trademark.

21. In view of the sales of its goods and the prominent display and investment inmarketing and advertising, UMBRA has built significant goodwill in the trademark LITTLE

BLACK DRESS

22. In view of the sales of its goods and the prominent display and investment inmarketing and advertising, UMBRA trademark LITTLE BLACK DRESS has acquired

distinctiveness in the marketplace.

FACTS COMMON TO ALL CLAIMS

23. UMBRA has advertised, offered for sale and sold throughout the United States andelsewhere a dress-shaped organizer commonly known as and marketed as LITTLE BLACK

DRESS hanging jewelry organizer and covered by the 172 Patent.

24. Upon information and belief, without UMBRAs authorization, APS makes,advertises, offers for sale, distributes and sells a knock-off copy of UMBRAs LITTLE BLACK

DRESS dress-shaped organizer (the Infringing Product) throughout the United States.



5/90

- 5 -

25. The Infringing Product is marketed and sold under the brand AS SEEN ON TV INSOME COUNTRIES.

26. The Infringing Product is prominently advertised as having a distinctive dressshape and including a plurality of transparent pockets and hook & loop tabs. In particular, the

advertising copy includes the following, smart and stylish little black dress jewelry organizer,

while the packaging prominently displays Little Black Dress Hanging Jewelry Organizer.

27. True and correct images of the Infringing Products packaging are included below.



6/90

- 6 -

28. On or about January 9, 2013, UMBRA wrote to APS through the Amazon.comcontact vendor interface (Umbra January 2013 Letter), advising that UMBRA owned the 172

Patent, and requesting that APS cease and desist using the ornamental design embodied in the

Infringing Product by APS sale of the Infringing Product on Amazon.com.

29. A true and correct copy of the Umbra January 2013 Letter is annexed as Exhibit 3.30. A true and correct copy of the Amazon.com product listing is annexed as Exhibit

4.

31. On or about February 4, 2013, UMBRA wrote to APS through the Amazon.comcontact vendor interface (Umbra February 2013 Letter), again advising that UMBRA owned

the 172 Patent, further informing APS that UMBRA enjoys rights to the trademark LITTLE

BLACK DRESS used in association with hanging organizers, and again requesting that APS

cease and desist using UMBRAs trademark and the ornamental design embodied in the


32. A true and correct copy of the Umbra February 2013 Letter is annexed as Exhibit5.

33. On or about March 20, 2013, UMBRA wrote to APS through the Amazon.comcontact vendor interface (Umbra March 2013 Letter I), again advising that UMBRA owned the

172 Patent, again informing APS that UMBRA enjoys rights to the trademark LITTLE BLACK

DRESS used in association with hanging organizers, and again requesting that APS cease and

desist using UMBRAs trademark and the ornamental design embodied in the Infringing Product

by APS sale of the Infringing Product on Amazon.com.

34. A true and correct copy of the Umbra March 2013 Letter I is annexed as Exhibit 6.



7/90

- 7 -

35. True and correct copies of the Amazon.com product listings are annexed as Exhibit7a and 7b.

36. On or about March 26, 2013, UMBRA wrote to APS via United States PostalService Express Mail Delivery (Umbra March 2013 Letter II), again advising that UMBRA

owned the 172 Patent, again informing APS that UMBRA enjoys rights to the trademark

LITTLE BLACK DRESS used in association with hanging organizers, and again requesting that

APS cease and desist using UMBRAs trademark and the ornamental design embodied in the


37.

A true and correct copy of the Umbra March 2013 Letter II is annexed as Exhibit

8.

38. As of the filing of this complaint, APS has made no attempt to contact UMBRAdirectly or through counsel.

39. Upon information and belief, APS knowingly sold and continues to sell theInfringing Product as a simulation of UMBRAs ornamental design embodied in the 172 Patent

and has not discontinued use of UMBRAs trademark LITTLE BLACK DRESS in association

with non-metal fabric hanging organizers.

FIRST CAUSE OF ACTION

PATENT INFRINGEMENT UNDER 35 U.S.C. 271

40. UMBRA re-alleges Paragraphs 1-39 as if fully set forth herein.41. Upon information and belief, APS has infringed and continues to infringe the 172

Patent within the meaning of 35 U.S.C. 271(a) by making, using, offering to sell, selling,

promoting and importing the Infringing Product, in this District and elsewhere in the United

States without UMBRAs authorization.



8/90

- 8 -

42. Upon information and belief, APS has also contributed to the infringement of the172 Patent, and/or actively induced others to infringe the 172 Patent, in this District and

elsewhere in the United States.

43. APS is engaged in activity directed toward the infringement, and/or inducing theinfringement and/or contributing to the infringement of the 172 Patent because the Infringing

Product is substantially the same in the eye of an ordinary observer, giving such attention as a

purchaser usually gives, as the visual appearance as a whole of the dress-shaped organizer design

in the 172 Patent, and the Infringing Product copies particular design features shown in the 172

Patent that depart conspicuously from the prior art, and therefore the Infringing Product is

naturally more likely to be regarded as deceptively similar to the claimed design and thus

infringing.

44. The portions of the design shown in the 172 Patent which depart conspicuouslyfrom the prior art include but are not limited to: a hanging organizer having a distinctive dress

shape and comprising a plurality of transparent pockets and straps.

45. APS has copied the portions of the design shown in the 172 Patent which departconspicuously from the prior art thereby making the Infringing Product deceptively similar to the

design claimed in the 172 Patent.

46. The chart below demonstrates APSs infringement by comparing the InfringingProduct to the figures from the 172 Patent.



9/90

- 9 -

The 172 Patent The Infringing Product

Figure 1

Figure 2



10/90

- 10 -

Figure 3

Figure 4

Figure 5



11/90

- 11 -

Figure 6

47. The overall ornamental design depicted in the 172 Patent is substantially differentthan the designs found in the prior art, and therefore any small differences between the Infringing

Product and the design depicted in the 172 Patent are considered unimportant to the eye of the

ordinary observer.

48. APS has had actual knowledge of the 172 Patent since at least as early as January9, 2013.

49. Upon information and belief, APSs infringement of the 172 Patent has beenwillful and deliberate entitling UMBRA to increased damages under 35 U.S.C. 284, to

attorneys fees and costs incurred in prosecuting this action under 35 U.S.C. 285 and to APSs

total profits from the sale of the Infringing Product under 35 U.S.C. 289.

50. UMBRA is entitled to recover from APS the damages sustained by UMBRAresulting from APSs wrongful acts in an amount subject to proof at trial.

51. APSs infringement of UMBRAs exclusive rights under the 172 Patent willcontinue to damage UMBRAs business, causing irreparable harm for which there is no adequate

remedy at law unless it is enjoined by this Court.



12/90

- 12 -

SECOND CAUSE OF ACTION

USE OF FALSE DESIGNATIONS OF ORIGINAND FALSE REPRESENTATIONS IN COMMERCE

52.

UMBRA re-alleges Paragraphs 1-51 as if fully set forth herein.

53. This Count arises under 15 U.S.C. 1125(a).54. APS use of the mark LITTLE BLACK DRESS in connection with the sale of the

Infringing Product is likely to cause confusion with UMBRAs LITTLE BLACK DRESS

trademark or cause mistake or to deceive consumers.

55. APS use of the mark LITTLE BLACK DRESS in connection with the sale of theInfringing Product is likely to cause confusion with UMBRAs LITTLE BLACK DRESS

trademark or to cause mistake or to deceive consumers as to the origin, sponsorship, or approval

of APS goods.

56. APS acts as aforesaid constitute infringement of UMBRAs rights under federalunfair competition law and constitute the use of false designations of origin and false

representations in commerce in violation of the Federal Trademark Act, 15 U.S.C. 1125(a).

57. APS violations are willful.58. APS actions have caused UMBRA irreparable harm for which there is no

adequate remedy at law.

59. As a direct and proximate result of APS false designation of origin and falserepresentations, UMBRA has and continues to suffer damages in an amount that is not presently

ascertainable but will be established at trial.

THIRD CAUSE OF ACTION

COMMON LAW TRADEMARK/UNFAIR COMPETITION

60. UMBRA re-alleges Paragraphs 1-59 as if fully set forth herein.



13/90

- 13 -

61. As a result of UMBRAs use, sales, advertising and promoting of its trademark, itstrademark is distinctive to UMBRA and its products.

62. Upon information and belief, APS is intentionally attempting to confuseconsumers by using the mark LITTLE BLACK DRESS which is identical and thereby

confusingly similar to UMBRAs LITTLE BLACK DRESS trademark.

63. APS use of the mark LITTLE BLACK DRESS is likely to cause confusion,mistake or deception as to the affiliation, connection or association of APS with UMBRA or as

to the organization, sponsorship, or approval of the infringing products by UMBRA.

64.

APS use of the LITTLE BLACK DRESS trademark has been and continues to be

unauthorized.

65. APS acts as aforesaid constitute common law trademark infringement.66. APS acts as aforesaid constitute unfair competition.67. APS acts were and continue to be willful and in bad faith.68. These acts by APS have damaged UMBRA and will continue to cause UMBRA to

suffer irreparable harm unless injunctive relief is granted.

69. UMBRA is entitled to an award of damages, recovery of APS' profits, andUMBRAs attorneys fees and costs.

FOURTH CAUSE OF ACTION

FEDERAL TRADEMARK DILUTION

70. UMBRA re-alleges Paragraphs 1-69 as if fully set forth herein.71. This count originates under 15 U.S.C. 1125(c).72. Upon information and belief, after UMBRAs adoption of the trademark LITTLE

BLACK DRESS, and after the trademark had become widely-known and famous for use in



14/90

- 14 -

association with non-metal fabric hanging organizers, APS began using the mark LITTLE

BLACKDRESS to advertise, market and promote the Infringing Product.

73. Upon information and belief, APS is intentionally attempting to confuseconsumers by using the mark LITTLE BLACK DRESS which is identical and thereby

confusingly similar to UMBRAs LITTLE BLACK DRESS trademark.

74. True and correct copies of the Infringing Products packaging are included inParagraph 27 above.

75. APS use of the mark LITTLE BLACK DRESS blurs the distinctiveness ofUMBRAs trademark and/or tarnishes or disparages UMBRAs trademark.

76. Upon information and belief, APS has diluted UMBRAs trademark.77. UMBRA has suffered damage and will suffer irreparable harm if injunctive relief

is not granted.

78. Upon information and belief, APS willfully intended to trade upon UMBRAsreputation and/or to cause dilution of UMBRAs trademark, entitling UMBRA to recovery of the

APS profits, damages sustained by UMBRA, the costs of the action, and exemplary damages

under 15 U.S.C. 1117(a). This is an exceptional case, and UMBRA should be awarded

attorneys fees incurred in connection with this action.

REQUEST FOR RELIEF

WHEREFORE, UMBRA respectfully requests that this Court enter a judgment and

appropriate orders in favor of UMBRA and against APS, its officers, agents, employees, and

attorneys, and on all persons, partnerships, or corporations in active concert or participation with

APS, or any other person, partnership, or corporation acting on behalf of APS, for the following

relief:



15/90

- 15 -

A. A declaration that the 172 Patent is not invalid;

B. A judgment that APS has infringed, continues to infringe, contributed to

infringement of and/or actively induced others to infringe the 172 Patent and the trademark

LITTLE BLACK DRESS;

C. A judgment that APS acts indicate willful infringement and a refusal to change

its course of action despite its knowledge of the 172 Patent and the trademark LITTLE BLACK

DRESS;

D. A permanent injunction pursuant to 35 U.S.C. 283, enjoining and restraining

further acts of (1) infringement, (2) contributory infringement, and (3) active inducement to

infringe with respect to the claim of the 172 Patent;

E. A preliminary and permanent injunction preventing: any use in any way of the

trademark LITTLE BLACK DRESS, or any mark or design element confusingly similar thereto,

in association with non-metal fabric hanging organizers;

F. A judgment requiring APS to account for and pay over to UMBRA all gains,

profits, and advances derived by them from the activities complained of;

G. A judgment requiring APS to pay to UMBRA an amount equal to all actual

damages suffered by UMBRA from the activities complained of;

H. For infringement of the 172 Patent, a judgment requiring APS to pay to UMBRA

an amount equal to its total profits pursuant to 35 U.S.C. 289;

I. An award of costs of this action, including discovery costs, and reasonable

attorney fees and interest on the final judgment according to 28 U.S.C. 1961(a) and 35 U.S.C.

285;



16/90

- 16 -

J . For willful and wanton conduct, a judgment requiring APS to pay to UMBRA an

amount such that total damages awarded are equal to three (3) times the award of actual damages

and profits otherwise awarded for the activities complained of pursuant to 35 U.S.C. 284 and

15 U.S.C. 1117;

K. For bad faith knowing and willful intent to create customer confusion, an order

requiring APS to pay to UMBRA an amount equal to APS total profits, damages sustained by

UMBRA, the cost of the action, exemplary damages and attorneys fees pursuant to 15 U.S.C.

1117(a);

L. For willful intent to trade upon UMBRAs reputation and/or to cause dilution of

UMBRAs trademark, an order requiring APS to pay to UMBRA an amount equal to APS total

profits, damages sustained by UMBRA, the cost of the action, exemplary damages and attorneys

fees pursuant to 15 U.S.C. 1117(a); and

M. Such other and further relief this Court deems just and proper under the

circumstances.

Dated: Buffalo, New YorkApril 26, 2013

By: /s/ Randolph C. OppenheimerDAMON MOREY LLPRandolph C. Oppenheimer, Esq.Lead Counsel for PlaintiffAvant Building, Suite 1200200 Delaware AvenueBuffalo, New York 14202-2150Phone: (716) 856-5500Fax: (716) 856-5510E-Mail: [email protected]

and

mailto:[email protected]:[email protected]:[email protected]


17/90

- 17 -

By: /Robert C. AtkinsonSIMPSON & SIMPSON, PLLCRobert C. Atkinson, Esq.Co-Counsel for Plaintiff

5555 Main StreetWilliamsville, New York 14221Phone: (716) 626-1564Fax: (716) 626-0366E-Mail: [email protected]

mailto:[email protected]:[email protected]:[email protected]


18/90

- 18 -

CERTIFICATE OF SERVICE

I hereby certify that on April 26, 2013, I filed the foregoing Complaint with Exhibits 1-8, with

the Clerk of the United States District Court for the Western District of New York using the

CM/ECF system and that no other counsel have appeared in this action.

/s/ Randolph C. OppenheimerRandolph C. Oppenheimer

Doc #1805805.1



19/90

Case 1:13-cv-00421 Document 1-1 Filed 04/26/13 Page 1 of 68


20/90



21/90



22/90



23/90



24/90



25/90



26/90



27/90



28/90



29/90



30/90



31/90



32/90



33/90



34/90



35/90



36/90



37/90



38/90



39/90



40/90



41/90



42/90



43/90



44/90



45/90



46/90



47/90



48/90



49/90



50/90



51/90



52/90



53/90



54/90



55/90



56/90



57/90



58/90



59/90



60/90



61/90



62/90



63/90



64/90



65/90



66/90



67/90



68/90



69/90



70/90



71/90



72/90



73/90



74/90



75/90


76/90



77/90



78/90



79/90



80/90



81/90



82/90



83/90



84/90



85/90



86/90



87/90

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

UNITED STATESDISTRICT COURTfor the

__________ District of __________

)

)))))))))))

Plaintiff(s)

v. Civil Action No.

Defendant(s)

SUMMONS IN A CIVIL ACTION

To: (Defendants name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.You also must file your answer or motion with the court.

CLERK OF COURT

Date:Signature of Clerk or Deputy Clerk


Western District of New York

Umbra, LLC

1705 Broadway StreetBuffalo, New York 14212

Appliance Parts Stop(a/k/a Appliance Parts Masters) (a/k/a Masters

Appliance Parts) a/k/a Universal Appliance Parts)d/b/a Pricelesssupply on Amazon.com)

Appliance Parts Stop16141 Nordhoff StreetNorth Hills, California 91343

Randolph C. Oppenheimer Robert C. AtkinsonDamon Morey LLP Simpson & Simpson, PLLC200 Delaware Avenue 5555 Main StreetBuffalo, New York 14202 Williamsville, New York 14221

04/26/2013


88/90

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on(date) .

I personally served the summons on the individual at(place)

on (date) ; or

I left the summons at the individuals residence or usual place of abode with(name)

, a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individuals last known address; or

I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of(name of organization)

on (date) ; or

I returned the summons unexecuted because ; or

Other (specify):

.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc:


0.00

Print Save As... Reset


89/90

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

rovided 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 (FirmName, Address, and Telephone Number) Attorneys (If Known)

I . BASIS OF J URISDICTION(Place an X in One Box Only) II I. CITI ZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for(For Diversity Cases Only) and One Box for Defendant

1 U.S. Government 3 Federal Question PTF DEF PTF

Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated andPrincipal Place 5Defendant (Indicate Citizenship of Parties in ItemIII) 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 STATUTES

110 Insurance PERSONAL INJ URY PERSONAL INJ URY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act

120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 400 State Reapportionm

130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 410 Antitrust

140 Negotiable Instrument Liability 367 Health Care/ 430 Banks and Banking

150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 450 Commerce& Enforcement of Judgment Slander Personal Injury 820 Copyrights 460 Deportation

151 Medicare Act 330 Federal Employers Product Liabi lity 830 Patent 470 Racketeer Influence

152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizatio

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 Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 850 Securities/Commod

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 Acti

190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI 891 Agricultural Acts

195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 893 Environmental Matt

196 Franchise Injury 385 Property Damage 751 Family and Medical 895 Freedom of Informa

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

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS 899 Administrative Proc

210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff Act/Review or Appe

220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) Agency Decision

230 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 Statutes

245 Tort Product Liability Accommodations 530 General

290 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 Prison Condition

560 Civil Detainee -

Conditions of

Confinement

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

1 OriginalProceeding

2 Removed fromState Court

3 Remanded fromAppellate Court

4 Reinstated orReopened

5 Transferred fromAnother District(specify)

6 MultidistrictLitigation

VI. CAUSE OF ACTION

Cite 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

J URY 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


Umbra, LLC

Erie

Damon Morey, LLP Simpson & Simpson, PLLC200 Delaware Avenue 5555 Main StreetBuffalo, New York 14202 Williamsville, New York 14221

Appliance Parts Stop (aka Appliance Parts Masters) (aks MasteAppliance Parts (aka Universal Appliance Parts) (dba Pricelessson Amazon.com)

Los Angeles

Patent Laws of the United States, 35 U.S.C. Section 101 including Sections 271, 281, 283, 284 & 289

Patent infringement

04/26/2013 s/Randolph C. Oppenheimer

Print Save As... Reset


90/90

JS 44 Reverse (Rev. 12/12)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM J S 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as

required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is

required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk o

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, us

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 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 lan

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, noin this section "(see attachment)".

II . J urisdiction. 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 "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 amendm

to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code tak

precedence, and box 1 or 2 should be marked.

Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the

citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversitycases.)

I II . Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Marksection 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,sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more th

one 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 fili

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 o

multidistrict 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 140

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 jurisdictionstatutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service


Date post:	14-Apr-2018
Category:	Documents
Upload:	sarah-burstein
View:	221 times
Download:	0 times

Umbra v Parts v. APS - Complaint

Documents