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Fatboy The Original v. Dumbo Lounge Sacks - Complaint
Fatboy The Original v. Dumbo Lounge Sacks - Complaint
Fatboy The Original v. Dumbo Lounge Sacks - Complaint
Plaintiffs,
3:17-cv-1229
v. Civil Action No.
Defendants.
ORIGINAL COMPLAINT
Plaintiffs Fatboy the Original B.V. (Fatboy) and Fatboy USA, LLC (Fatboy USA and,
together with Fatboy, Plaintiffs), for their Complaint against Defendants Dumbo Lounge Sacks,
LLC (Dumbo) and Jared Goetz d/b/a The Gadget Snob (Goetz, and together with Dumbo,
1. Fatboy is the owner of all rights worldwide in and relating to the wildly popular
Patent Nos. D764,823 and D775,479 (the LAMZAC Lounger Patents). Fatboy USA has an
exclusive license from Fatboy to distribute and promote the LAMZAC Lounger in the United
States. The claim asserted herein arises out of and is based on Defendants brazen and willful
infringement of the LAMZAC Lounger Patents. Accordingly, Plaintiffs bring claims for design
patent infringement under Section 271 of the U.S. Patent Act, 35 U.S.C. 271.
{F2245746.3 }
Case 3:17-cv-01229-D Document 1 Filed 05/08/17 Page 2 of 13 PageID 2
2. Plaintiffs seek injunctive relief to stop Defendants unlawful distribution and sale of
their infringing products. Plaintiffs also seek monetary relief in an amount sufficient to
compensate for their loss, an accounting and award of Defendants total profits flowing from
their infringing activities; prejudgment interest; costs and attorneys fees; and all other relief the
3. This Court has jurisdiction under Sections 1331, 1332, and 1338(a) and (b) of the
4. This Court has personal jurisdiction over Dumbo pursuant to Texas Civil Practice
and Remedies Code 17.042 because, upon information and belief, (i) Dumbo regularly does
and solicits business within the State of Texas; (ii) Dumbo has engaged in the marketing,
promotion, advertising and offering for sale of its infringing products within the State of Texas,
including by offering its infringing product at an outdoor festival in Dallas, Texas, and
marketing, promoting and offering for sale its infringing product via its interactive ecommerce
websites; and (iii) Dumbo has committed torts in the State of Texas, namely the marketing,
promotion, advertising, sale and/or offering for sale of its infringing product in Texas, in
5. This Court has personal jurisdiction over Goetz pursuant to Texas Civil Practice and
Remedies Code 17.042 because, upon information and belief, (i) Goetz regularly does and
solicits business within the State of Texas; (ii) Goetz has engaged in the marketing, promotion,
advertising and offering for sale of his infringing products within the State of Texas, and
marketing, promoting and offering for sale his infringing product via his interactive ecommerce
website; and (iii) Goetz has committed torts in the State of Texas, namely the marketing,
2
Case 3:17-cv-01229-D Document 1 Filed 05/08/17 Page 3 of 13 PageID 3
promotion, advertising, sale and/or offering for sale of his infringing product in Texas, in
6. Venue is proper under Section 1391(b) and 1400(b) of the Judicial Code, 28 U.S.C.
1391(b), 1400(b), because Defendants are subject to personal jurisdiction in this district and
a substantial part of the events giving rise to the claims occurred in this district, including
Defendants marketing, promoting, advertising, selling and/or offering for sale their infringing
THE PARTIES
7. Plaintiff Fatboy the Original B.V. is a limited liability company organized and
existing under the laws of the Netherlands, having a place of business at De Steenbok 19 Den
8. Plaintiff Fatboy USA, LLC is a limited liability company organized and existing
under the laws of the State of Texas, with its principal place of business at 875 West Sandy
9. Upon information and belief, Defendant Dumbo Lounge Sacks, LLC is a limited
liability company organized and existing under the laws of the State of California, with its
10. Upon information and belief, Defendant Jared Goetz is an individual living at the
address at 3562 Piedmont Rd NE, Atlanta Georgia 30305, who does business as The Gadget
Snob at the interactive ecommerce website thegadgetsnob.com, and who is a member of 12th
3
Case 3:17-cv-01229-D Document 1 Filed 05/08/17 Page 4 of 13 PageID 4
FACTS
F COM
MMON TO
O ALL CLA
AIMS FOR R
RELIEF
I. THE
T LAMZ
ZAC LOUNG
GER PATE
ENTS
11.
1 The LA
AMZAC Lou
unger Patentss each depicct the design of a loungerr. A copy off the
LAMZA
AC Lounger Patents is atttached hereto as Exhibiit A. Profile views of thee patented
12.
1 Fatboy
y USA has an
a exclusive license from
m Fatboy to distribute annd promote
productss embodying
g the LAMZ
ZAC Loungerr Patents in tthe United S
States.
13.
1 The LAMZAC
L Lo
ounger Paten
nts each claiim a priorityy date of Januuary 28, 20115,
based on
n Fatboys Registered
R Eu
uropean Com
mmunity Deesign No. 002621904-00001.
II. DEFENDAN
D NT DUMBO
OS INFRIN
NGING ACT
TIVITIES
4.
14 On info
formation and
d belief, Dum
mbo has man
anufactured, advertised, ooffered for ssale,
sold, disstributed, im
mported, and//or exported inflatable looungers calleed the Dum
mbo Lounge
4
Case 3:17-cv-01229-D Document 1 Filed 05/08/17 Page 5 of 13 PageID 5
15. Upon information and belief, Dumbo markets and sells its Infringing Dumbo
Product online at its website, www.dumboloungesacks.com, and through various retailers and
online channels.
16. Upon information and belief, Dumbo engaged and continues to engage in the
above activities willfully, with the knowledge that the design of the Infringing Dumbo Product
is substantially the same as the designs depicted in the LAMZAC Lounger Patents without
authorization.
17. Dumbo is not related to or affiliated with Plaintiffs in any way. Dumbo has not
received a license or authorization from Plaintiffs for any purpose whatsoever, including for the
18. Dumbos unauthorized acts as described herein have caused and will continue to
cause irreparable damage to Plaintiffs and their business unless restrained by this Court.
19. On information and belief, Goetz has manufactured, advertised, offered for sale,
sold, distributed, imported, and/or exported inflatable loungers called the Hangout Sofa (the
Infringing Goetz Product), with a design that is substantially the same as the designs depicted
in the LAMZAC Lounger Patents. An example of the Infringing Goetz Product is shown
below:
5
Case 3:17-cv-01229-D Document 1 Filed 05/08/17 Page 6 of 13 PageID 6
20. Upon information and belief, Goetz markets and sells his Infringing Goetz Product
online at his website, www.thegadgetsnob.com, and through various other United States sales
channels.
21. Upon information and belief, Goetz engaged and continues to engage in the above
activities willfully, with the knowledge that the design of the Infringing Goetz Product is
substantially the same as the designs depicted in the LAMZAC Lounger Patents without
authorization.
22. Goetz is not related to or affiliated with Plaintiffs in any way. Goetz has not
received a license or authorization from Plaintiffs for any purpose whatsoever, including for the
23. Goetzs unauthorized acts as described herein have caused and will continue to
cause irreparable damage to Plaintiffs and their business unless restrained by this Court.
24. Plaintiffs repeat and incorporate by reference the foregoing allegations contained
6
Case 3:17-cv-01229-D Document 1 Filed 05/08/17 Page 7 of 13 PageID 7
25. Fatboy owns U.S. Patent No. D764,823, which issued on August 30, 2016.
Fatboy USA has an exclusive license from Fatboy to distribute and promote products
embodying the design set forth in U.S. Patent No. D764,823 in the United States.
27. Upon information and belief, Dumbo, without authorization from Plaintiffs, has
distributed, advertised, promoted, offered for sale and sold the Infringing Dumbo Product, the
design of which is substantially the same as the design set forth in U.S. Design Patent No.
28. Dumbos Infringing Dumbo Product appropriates the novel ornamental features set
forth in U.S. Patent No. D764,823 such that an ordinary observer familiar with the prior art
designs, giving such attention as a purchaser usually gives, would find Plaintiffs and Dumbos
designs to be substantially the same and would be deceived into believing that the Infringing
29. By the foregoing acts, Dumbo has directly infringed, infringed under the doctrine
30. Upon information and belief, Dumbos aforesaid conduct has been undertaken
knowingly, willfully, and in bad faith, and with knowledge of Plaintiffs rights.
31. Dumbos conduct violates Section 271 of the Patent Act, 35 U.S.C. 271 and has
caused, and unless enjoined by this Court, will continue to cause, Plaintiffs to sustain
irreparable damage, loss, and injury, for which Plaintiffs have no adequate remedy at law.
32. Plaintiffs have complied with 35 U.S.C. 287 to the extent it is applicable to them.
7
Case 3:17-cv-01229-D Document 1 Filed 05/08/17 Page 8 of 13 PageID 8
33. Plaintiffs repeat and incorporate by reference the foregoing allegations contained in
34. Fatboy owns U.S. Patent No. D775,479, which issued on January 3, 2017. Fatboy
USA has an exclusive license from Fatboy to distribute and promote products embodying the
design set forth in U.S. Patent No. D775,479 in the United States.
36. Upon information and belief, Dumbo, without authorization from Plaintiffs, has
distributed, advertised, promoted, offered for sale and sold the Infringing Dumbo Product, the
designs of which is substantially the same as the design set forth in U.S. Design Patent No.
37. Dumbos Infringing Dumbo Product appropriates the novel ornamental features set
forth in U.S. Patent No. D775,479 such that an ordinary observer familiar with the prior art
designs, giving such attention as a purchaser usually gives, would find Plaintiffs and Dumbos
designs to be substantially the same and would be deceived into believing that the Infringing
38. By the foregoing acts, Dumbo has directly infringed, infringed under the doctrine
39. Upon information and belief, Dumbos aforesaid conduct has been undertaken
knowingly, willfully, and in bad faith, and with knowledge of Plaintiffs rights.
8
Case 3:17-cv-01229-D Document 1 Filed 05/08/17 Page 9 of 13 PageID 9
40. Dumbos conduct violates Section 271 of the Patent Act, 35 U.S.C. 271 and has
caused, and unless enjoined by this Court, will continue to cause, Plaintiffs to sustain
irreparable damage, loss, and injury, for which Plaintiffs have no adequate remedy at law.
41. Plaintiffs have complied with 35 U.S.C. 287 to the extent it is applicable to them.
42. Plaintiffs repeat and incorporate by reference the foregoing allegations contained
43. Fatboy owns U.S. Patent No. D764,823, which issued on August 30, 2016.
Fatboy USA has an exclusive license from Fatboy to distribute and promote products
embodying the design set forth in U.S. Patent No. D764,823 in the United States.
45. Upon information and belief, Goetz, without authorization from Plaintiffs, has
distributed, advertised, promoted, offered for sale and sold the Infringing Goetz Product, the
design of which is substantially the same as the design set forth in U.S. Design Patent No.
46. Goetzs Infringing Goetz Product appropriates the novel ornamental features set
forth in U.S. Patent No. D764,823 such that an ordinary observer familiar with the prior art
designs, giving such attention as a purchaser usually gives, would find Plaintiffs and Goetzs
designs to be substantially the same and would be deceived into believing that the Infringing
9
Case 3:17-cv-01229-D Document 1 Filed 05/08/17 Page 10 of 13 PageID 10
47. By the foregoing acts, Goetz has directly infringed, infringed under the doctrine of
48. Upon information and belief, Goetzs aforesaid conduct has been undertaken
knowingly, willfully, and in bad faith, and with knowledge of Plaintiffs rights.
49. Goetzs conduct violates Section 271 of the Patent Act, 35 U.S.C. 271 and has
caused, and unless enjoined by this Court, will continue to cause, Plaintiffs to sustain
irreparable damage, loss, and injury, for which Plaintiffs have no adequate remedy at law.
50. Plaintiffs have complied with 35 U.S.C. 287 to the extent it is applicable to them.
51. Plaintiffs repeat and incorporate by reference the foregoing allegations contained in
52. Fatboy owns U.S. Patent No. D775,479, which issued on January 3, 2017. Fatboy
USA has an exclusive license from Fatboy to distribute and promote products embodying the
design set forth in U.S. Patent No. D775,479 in the United States.
54. Upon information and belief, Goetz, without authorization from Plaintiffs, has
distributed, advertised, promoted, offered for sale and sold the Infringing Goetz Product, the
designs of which is substantially the same as the design set forth in U.S. Design Patent No.
55. Goetzs Infringing Goetz Product appropriates the novel ornamental features set
forth in U.S. Patent No. D775,479 such that an ordinary observer familiar with the prior art
10
Case 3:17-cv-01229-D Document 1 Filed 05/08/17 Page 11 of 13 PageID 11
designs, giving such attention as a purchaser usually gives, would find Plaintiffs and Goetzs
designs to be substantially the same and would be deceived into believing that the Infringing
56. By the foregoing acts, Goetz has directly infringed, infringed under the doctrine of
57. Upon information and belief, Goetz aforesaid conduct has been undertaken
knowingly, willfully, and in bad faith, and with knowledge of Plaintiffs rights.
58. Goetzs conduct violates Section 271 of the Patent Act, 35 U.S.C. 271 and has
caused, and unless enjoined by this Court, will continue to cause, Plaintiffs to sustain
irreparable damage, loss, and injury, for which Plaintiffs have no adequate remedy at law.
59. Plaintiffs have complied with 35 U.S.C. 287 to the extent it is applicable to them.
employees, successors, and assigns and all those in active concert or participation with them, from:
(b) assisting, aiding or abetting any other person or business entity in engaging in or
2. Directing that Defendants turn over to Plaintiffs for impoundment and eventual
destruction, without compensation to Defendants, all materials in their possession or control that
violate the provisions of paragraph 1(a) above, along with all articles by means of which such
11
Case 3:17-cv-01229-D Document 1 Filed 05/08/17 Page 12 of 13 PageID 12
3. Directing that Defendants, at their own expense, recall from any distributors,
retailers, vendors, or others to whom they have distributed materials that violate the provisions of
paragraph 1(a) above, and that Defendants deliver up to Plaintiffs for destruction all materials
returned to it.
4. Directing that Defendants file with the Court and serve upon Plaintiffs, within thirty
(30) days of the entry of injunction prayed for herein, a written report under oath or affirmed under
penalty of perjury setting forth in detail the form and manner in which it has complied with the
permanent injunction.
described above, together with appropriate interest thereon and that such sums be trebled pursuant
to 35 U.S.C. 284.
6. Awarding Plaintiffs the total profits realized by Defendants from its infringement
8. Granting Plaintiffs both pre-judgment and post-judgment interest on each and every
monetary award.
9. Granting Plaintiffs such other and further relief as the Court may consider equitable,
12
Case 3:17-cv-01229-D Document 1 Filed 05/08/17 Page 13 of 13 PageID 13
13
Case 3:17-cv-01229-D Document 1-1 Filed 05/08/17 Page 1 of 23 PageID 14
EXHIBIT
A
Case 3:17-cv-01229-D Document 1-1 Illlll
Filedllllllll05/08/17
Ill lllll llllll llllPage
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of 23 PageID 15
USOOD775479S
(51) LOC (10) Cl. ............................................... 06-01 FIG. 1 shows a top view of the chaise lounge;
(52) U.S. Cl. FIG. 2 shows a bottom view of the chaise lounge;
USPC ............................................. D6/361; D6/377 FIG. 3 shows a head end view of the chaise lounge;
(58) Field of Classification Search FIG. 4 shows a foot end view of the chaise lounge;
USPC ......... D6/334-336, 361, 371-373, 375, 377, FIG. 5 shows a right perspective side view of the chaise
D6/381, 716, 716.1, 716.4; D21/803 lounge;
CPC ........... A47C 27/086; A47C 3/14; A47C 3/16; FIG. 6 shows a left perspective side view of the chaise
A47C 4/54; A47C 7/18; A47C 7/24 lounge;
See application file for complete search history. FIG. 7 shows a top perspective view of the chaise lounge;
and,
(56) References Cited FIG. 8 shows a detail of the right side foot end of the chaise
lounge.
U.S. PATENT DOCUMENTS
The broken line showing of the crease lines, buckle, and
D214,623 S * 7/1969 Williams ....................... D6/377 straps show unclaimed subject matter for the design.
3,584,914 A 611971 Williams
D226,153 s 1/1973 Boak 1 Claim, 4 Drawing Sheets
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Case 3:17-cv-01229-D Document 1-1 Filed 05/08/17 Page 3 of 23 PageID 16
US D775,479 S
Page 2
US D775,479 S
Page 3
OTHER PUBLICATIONS
* cited by examiner
Case 3:17-cv-01229-D Document 1-1 Filed 05/08/17 Page 5 of 23 PageID 18
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Case 3:17-cv-01229-D Document 1-1 Filed 05/08/17 Page 6 of 23 PageID 19
FIG. 3
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Case 3:17-cv-01229-D Document 1-1 Filed 05/08/17 Page 7 of 23 PageID 20
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Case 3:17-cv-01229-D Document 1-1 Filed 05/08/17 Page 8 of 23 PageID 21
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Case 3:17-cv-01229-D Document 1-1 Filed 05/08/17 Page 9 of 23 PageID 22
Therefore, this
United States Patent
Grants to the person(s) having title to this
patent the right to exclude others from mak-
ing, using, offering for sale, or selling the
design throughout the United States of
America or importing the design into the
United States of America for the term set
forth by law.
(71) Applicant: Marijn Aart Willem Oomen, Marijn Aart Willem Oomen V. Massive Air B. V., Judgment in
Preliminary Dutch Proceedings, May 13, 2016.
Ophemert (NL)
(Continued)
(72) Inventor: Marijn Aart Willem Oomen,
Ophemert (NL) Primary Examiner - Mimosa De
(74) Attorney, Agent, or Firm - Charles T. J. Weigell, Esq.;
(73) Assignee: Fatboy the Original B.V., Fross Zelnick Lehrman & Zissu P.C.
's-Hertogenbosch (NL) (57) CLAIM
The ornamental design for a chaise lounge, as shown
(**) Term: 15 Years described.
(21) Appl. No.: 29/534,179 DESCRIPTION
(22) Filed: Jul. 27, 2015 FIG. 1 shows a top view of the chaise lounge, in an inflated
state;
FlG. 2 shows a bottom view of the chaise lounge, in an
(51) LOC (10) Cl ................................................ 06-01 inflated state;
FIG . 3 shows a head end view of the chaise lounge, in an
(52) U.S. Cl. inflated state;
USPC .... ......................................... D6/361; f?6/377 FIG. 4 shows a foot end view of the chaise lounge, in an
(58) Field of Classification Search inflated stale;
USPC ......... D6/334-336, 361, 371-373, 375, 377, FIG. 5 shows a right perspective side view of the chaise
D6/381, 716, 716.1, 716.4; 021/803 lounge, in an inflated state;
CPC ... ..... A47C 27/086; A47C 3/14; A47C 3/16; FIG. 6 shows a left perspective side view of the chaise
A47C 4/54; A47C 7118; A47C 7/24 lounge, in an inflated state;
See application file for complete search history. FIG. 7 shows a top perspective view of the chaise lounge, in
an inflated state;
(56) References Cited FIG. 8 shows a detail of the right side foot end of the chaise
lounge, in an inflated state;
U.S. PATENT DOCUMENTS FIG. 9 shows a top view of the chaise lounge, in a deflated
state;
0214,623 S * 7/1969 Williams ....................... 06/377 FIG. 10 shows a bottom view of the chaise lounge, in a
3,584,914 A 6/1971 Williams
0226, I53 S 111973 Boak deflated state;
3,965,506 A * 6/1976 Marks ............ .......... A47C 3/16 FIG. 11 shows a top view detail of the head end of the chaise
297/452.17 lounge, in a deflated state; and,
0240,480 S 7/1976 Marks ............................ 06/377 FIG. 12 shows a bottom view detail of the head end of the
4,011 ,61 l A 3/1977 Lederman .. ...... ........ A47C 3/16 chaise lounge, in a deflated state.
297/452.17
0276,577 s 12/1984 Fitch The color forms no part of the claimed design.
0278,004 s 3/1985 Sigona The broken lines shown in the drawing are for the purpose
0301,669 s 6/1989 Dwelly of illustrating environmental structure and form no part of
0371,252 s 7/1996 Chaput the claimed design.
0399,086 s 10/ 1998 Costantino
(Continued) 1 Claim, 12 Drawing Sheets
Case 3:17-cv-01229-D Document 1-1 Filed 05/08/17 Page 11 of 23 PageID 24
us 0764,823 s
Page 2
(56) References Cited Inflatable Couch Bean Bag Air Tube Chair Footstool Movies
Gaming Reading Camping, http://www.ebay.corn/ilrnlinflatable-
U.S. PATENT DOCUMENTS Couch-Bean-Bag-Air-Tube-Chair-Footstool-Movies-Garning-
Rea di ng-Carnpi ng/262349922808? _ trksid=p204 7675.c100005.
0407,123 s 3/1999 Peterson rn 1851 &_trkparrns=aid%3 D222007%26algo%3DS IC.
5,947,563 A 9/1999 Klimenko MBE%26ao%3D 1%26asc%3D36333%26rneid%3Dcl b2 l01420f
6,024,407 A 2/2000 Eakin ............. .......... A47C 3/16
297/452.17 a4b6bbf609a2059058e2d%26pid%3D I00005%26rk%3D3%26
6,045, 178 A * 4/2000 Miller ........ ...... ........ A47C 3/16 rkt%3D6%26sd%30121655495750. Available as of Apr. 9, 2016.
297/452.17 'Outdoor Lazy Circle stool Cylinder Inflatable Creative Leisure
6,152,530 A l 1/2000 Hsu ct al. Green PVC Sofa, http://www.cbay.com/itm/Outdoor-Lazy-Circlc-
0435,974 s 1/2001 Hsu et al. stool-Cylinder-lnHatable-Creative-Leisure-Green-PVC-Sofa/
6,212,716 BI 4/2001 Logan, Jr. ct al. l82039l I 5594?_ trksid=p2047675.cl00005.rnl 851 &_
0441,205 s 5/2001 Hsu et al.
trkparrns=aid%3D222007%26algo%3DSIC.
6,592, 184 Bl 7/2003 Segal et al.
6,786,555 B2 9/2004 Brook M BE%26ao%3 D I %26asc%3D3633%26meid%3Dc Ib210 l 420fa
0536,888 s 2/2007 Dykstra 4b6bbf609a2059058e2d%26pid%30100005%26rk %3D4%26
0541,058 s 4/2007 Dykstra rkt%3D6%26sd%3Dl21655495750. Available as of Apr. 9, 2016.
0562,577 s * 2/2008 Dengler ......................... D6/361 Bestway, Sofa Hinchable Beanless Bag Bestway, https://www .
7,370,379 B2 5/2008 Zheng elcorteingles.es/dcportes/ A 1516 l 064-sofa-hinchable-beanless-bag-
0578,313 s 10/2008 Austen et al. bestway/. Available as of Apr. 9, 2016.
0620,263 s 7/2010 Van Halder HNJoytoys, Inflatable Long Sofa, http://www.alibaba.com/product-
7,818,842 82 10/2010 Marciano
detail/bl ue-transparent-i n flatable-long-sofa-i n flatable_
0661,936 s 6/2012 Jackson
1563521987.hlml. Available as of Apr. 9, 2016.
0672,996 s 12/2012 Kelly
Mirakcy, Inflatable Floating Lounge Chair, http://www.alibaba.
D674,206 S 1/2013 Urquiola Hidalgo
0736,003 s 8/2015 Lagier com/product -detail/Hot-sci Ii ng-i nfl ata ble- floating-Lou ngc-chai r_
9,144,318 Bl 912015 Lagier 1983774509.html. Available as of Apr. 9, 2016.
Bestway, Ultra Lounge Inflatable Waterproof Dorm Chair Gaming
OTHER PUBLICATIONS Sofa, http://www.ebay.com/itm/B ES TWA Y-Ultra-Lounge-In flat-
able-Waterproof-Oorm-Chair-Gaming-S_ofa-/
Guangshan, Bagel Air Filled Jnnatable Outdoor Sofa Furniture, 19 l 062860642?hash=item2c7c3be362:g:bDoAAOSw lXdUWqFz.
http://www.alibaba.com/product-detail/air-filled-inflatablc-out- Available as of Apr. 9, 2016.
door-sofa-fumi ture_ 6032376659 l .html ?sprn=a2700. 7724857 .29. FTF Zhenhan, Inflatable LED Bar Furniture Pvc Sofa, http://www.
109.Rlexki. Available as of Apr. 9, 2016. alibaba.cornlproduct-delail/lnflatable-LED-Bar-Fumiture-Pvc-
Guangshan, Heart lnHatablc Outdoor Sofa Furniture, http://www. Sofa_ 60144869218.html?spm=a2700.7724857.29.239.R lexki.
alibaba.cornlproduct-detail/PVC-inHatable-comfo1table-singlc- Available as of Apr. 9, 2016.
hcarl-cheap_ 890938593.html ?sprn=a2700.7743248.5 I. I .TZJOdt. Bcstway, Sofa Hinchable Chaise Lounger Beslway, https://www.
Available as of Apr. 9, 2016.
elcortei nglcs.es/deportes/ A 18534534-sofa-hinchable-chaise-
Guangshan, Punctured football Air Filled Inflatable Outdoor Sofa
lounger-bestway/. Available as of Apr. 9, 2016.
Furniture, http://www.alibaba.com/prod uct-detai I/air-Fil led- In flat-
able-Sofa-Furni turc __500277 46761 .html ?spm=a2700. 7724857.29. Mirakey, Air Filled Chair, http://www.alibaba.com/product-detail/
119.Rlexki. Available as of Apr. 9, 2016. Air-Filled-Chair_ 852320558.html. Available as of Apr. 9, 2016.
lntex, Cafe Splash Lounge lnHatable Lounge Chair Dorm Gaming Inflatable Sofa Party Accessory, http://www.arnazon.com/Rhode-
Seat, http://www.ebay.com/itm/lntex-Cafe-Splash-Lounge-lnnat- lslan d-No vel ly-1 n fl a tab le-Acccssory/d p/ B005 39CU8S/ref=pd_
able-Lounge-Chair-Dorm-Gaming-Seat-/ sim_ 21_2?ie=UTF8&dplD=41QOsMUQEYL&dpSrc=sirns
I 91174807463?hash=itern2c82e80fa7:g:WQIAAOxy4dNS2FKf. &preST=_AC_ ULl60_ SRl60%2Cl60_.
Available as of Apr. 9, 2016. &refRID=00SAJV9CQKATZATOZN6E. Available as of Apr. 9,
Relax Moda Blue Chair Comti Air Camping Air Chairs Kids Room 2016.
Chair, http://www.ebay.com/itm/Relax-Moda-Blue-Chair-Comfi- Oomen, Marjin. Camp Airbag, 2010.
Air-Camping-Air-Chairs-Kids-Room-Chair-/ Big Agnes. Pumphouse. Dry sack and pad pump illustrations.
262256291374 ?hash=ilem3d0tb I 6e2c:g:kjlAAOSwd4lTsFKP. Exped LLC. Exped Schnozzel Pumpbag. Youtube.com. Jul. 7, 2010.
Available as of Apr. 9, 2016. Fun and Function. Cozy Canoe. Images from website at: https://
lntex, Inflatable Colorful Cafe Chaise Lounge Chair w/ Ottoman, funandfunclion.com/cozy-canoe.html and from youtubc.com on
http://www.ebay.com/itm/lNTEX-Jnnatable-Colorful-Cafe-Chaise- May 27, 2015.
Lounge-Chair-w-Ottoman-Blue-68572E-/ Fun and Function. Cozy Canoe website illustrations from https://
23176270 I 803?hash=itcm35f6222deb:g:lf8AAOSwwpdW8-0k. funandfunction.com/cozy -canoe.html dated Apr. 31, 2014 retrieved
Available as of Apr. 9, 2016. from Wayback Archive.
lntex, Inflatable Lounge Beanless Lounger Bag Chair, http://www. Isaacs, Toby. Pea Pod illustrations, Over 40 "Must-Have" Popular
ebay.com/itm/INTEX-lnflatable-Lounge-Beanless-Loungcr-Bag- Tools for Autism, http://www.myspecialnccdsnclwork.com/pro-
Chair-Grey-68579EP/35 I 683303694 ?_trksid=p2047675.c I 00005. files/blogs/top-20-must-havc-Lools-for-autism. Apr. 30, 2013.
m 1851 & _ trkparms=aid%3D222007%26algo%3DSIC.MBE% Ma!Tei, Michelle. Pea Pod illustrations, 9 Must-have gadgets for
26ao%3D I %26asc%3D36333%26meid%30c l b2I01420f kids with autism, http://www.sheknows.com/parenting/articles/
a4b6bbf609a2059058c2d%26pid%3D I 00005%26rk%302% I 034307/9-must-have-gadgels-for-kids-with-autism. May 21, 2014.
26rkt%306%26sd%3Dl21655495750. Available as of Apr. 9,
2016. * ciled by examiner
Case 3:17-cv-01229-D Document 1-1 Filed 05/08/17 Page 12 of 23 PageID 25
FIG. 1
Case 3:17-cv-01229-D Document 1-1 Filed 05/08/17 Page 13 of 23 PageID 26
FIG. 2
Case 3:17-cv-01229-D Document 1-1 Filed 05/08/17 Page 14 of 23 PageID 27
FIG. 3
Case 3:17-cv-01229-D Document 1-1 Filed 05/08/17 Page 15 of 23 PageID 28
FIG. 4
Case 3:17-cv-01229-D Document 1-1 Filed 05/08/17 Page 16 of 23 PageID 29
FIG. 5
Case 3:17-cv-01229-D Document 1-1 Filed 05/08/17 Page 17 of 23 PageID 30
FIG. 6
Case 3:17-cv-01229-D Document 1-1 Filed 05/08/17 Page 18 of 23 PageID 31
FIG. 7
Case 3:17-cv-01229-D Document 1-1 Filed 05/08/17 Page 19 of 23 PageID 32
FIG. 8
Case 3:17-cv-01229-D Document 1-1 Filed 05/08/17 Page 20 of 23 PageID 33
FIG. 9
Case 3:17-cv-01229-D Document 1-1 Filed 05/08/17 Page 21 of 23 PageID 34
FIG. 10
Case 3:17-cv-01229-D Document 1-1 Filed 05/08/17 Page 22 of 23 PageID 35
FIG. 11
Case 3:17-cv-01229-D Document 1-1 Filed 05/08/17 Page 23 of 23 PageID 36
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JS 44 (Rev. 08/16) - TXND (Rev. 12/16) CIVIL COVER
Case 3:17-cv-01229-D Document SHEET
1-2 Filed 05/08/17 Page 1 of 3 PageID 37
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
John M. Jackson, Jackson Walker, LLP, 2323 Ross Ave., Ste. 600,
Dallas, TX 75201, 214-953-6109; David Donahue & Jason Jones Fross
Zelnick Lehrman & Zissu, PC, 4 Times Square, 17th Fl. New York, NY
II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite
jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If a related case exists, whether pending or closed,
insert the docket numbers and the corresponding judge names for such cases. A case is related to this filing if the case: 1) involves some or all of the
same parties and is based on the same or similar claim; 2) involves the same property, transaction, or event; 3) involves substantially similar issues
of law and fact; and/or 4) involves the same estate in a bankruptcy appeal.
Date and Attorney Signature. Date and sign the civil cover sheet.
Case 3:17-cv-01229-D Document 1-2 Filed 05/08/17 Page 3 of 3 PageID 39
Ed Kinkeade 3:16-cv-02520-K
Ed Kinkeade 3:16-cv-02544-K
Ed Kinkeade 3:16-cv-02752-K