Case 1:21-cv-02674 Document 1 Filed 05/12/21 Page 1 of 14 PageID #: 1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NEW YORK

GODINGER SILVER ART LTD. )

Plaintiff, ) CIVIL ACTION NO.: 1:21-cv-2674
)
v. )
)
SHENZEN TANGSON HOUSEWARE )
CO., LTD. D/B/A AMAZON ) JURY TRIAL DEMANDED
STOREFRONT HOME-SIGNATURE )
Defendant. )

COMPLAINT

Plaintiff Godinger Silver Art Ltd. (“Godinger” or “Plaintiff”), by and through its

attorneys, hereby alleges for its Complaint for Patent Infringement against Shenzen

Tangson Houseware Co., LTD. d/b/a Amazon Storefront HOME-SIGNATURE (“Lighten

Life” or “Defendant”) on personal knowledge as to its own activities and on information

and belief as to all other matters, as follows:

NATURE OF THE ACTION

1. This is an action for patent infringement arising under 35 U.S.C. § 271 due

to Defendants’ infringement of Godinger’s U.S. Patent No. D846,947 (the “’947 Patent”),

and for tortious interference with prospective economic advantage by Defendant.

 Case 1:21-cv-02674 Document 1 Filed 05/12/21 Page 2 of 14 PageID #: 2

PARTIES

2. Plaintiff is a New York corporation with a place of business at 63-15

Traffic Avenue, Ridgewood, New York 11385. Plaintiff specializes in handcrafted silver,

pewter, crystal and gift items, focusing on showcase pieces of craftsmanship.

3. Upon information and belief, Defendant is a Chinese limited company with

a principal place of business at Suite 1701, Block A, Liwan Building, Qianhai Road,

Nanshan, Shenzen, China 518000.

JURISDICTION AND VENUE

4. This is an action for patent infringement arising under the provisions of the

Patent Laws of the United States of America, Title 35 of the United States Code, §§ 100,

et seq., as well as related claims for tortious interference and trade libel.

5. Subject matter jurisdiction over the claims is conferred upon this Court by

28 U.S.C. § 1331 (federal question jurisdiction), 28 U.S.C. § 1338(a) (patent jurisdiction),

and 28 U.S.C. § 1367 (supplemental jurisdiction).

6. This Court also has personal jurisdiction over Defendant because, upon

information and belief, Defendant maintains continuous and systematic contacts within

the state, derives substantial revenue from the state, and has committed acts giving rise to

this action within New York and within this District.

7. The exercise of personal jurisdiction comports with Defendant’s right to

due process, because they have purposefully availed themselves of the privilege of

conducting activities nationally, including within the Eastern District of New York, such

that they should reasonably anticipate being hailed into court here.

3
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8. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) and (c) and

§ 1400(b) at least because Plaintiff resides within this District, and Defendant transacts

business within this District, including one or more acts of making, selling, using,

importing and/or offering for sale infringing products within this District, thus committing

acts in this District giving rise to this action.

THE PATENT-IN-SUIT

9. The ‘947 Patent, entitled “Drinking Glass with Cigar Holder,” was duly

and legally issued as D846,947 by the United States Patent and Trademark Office on April

30, 2019. A true and correct copy of the ‘947 Patent is attached hereto as Exhibit A.

10. Plaintiff is the Assignee of the ‘947 Patent.

THE ACCUSED PRODUCTS

11. Upon information and belief, Defendant manufactures, sells, markets,

offers for sale, and/or advertises a drinking glass with a cigar holder, the “Lighten Life

Cigar Glass.” The Lighten-Life Cigar Glass is offered in a rounded form (the “Rounded

Glass”), and semi-circular form (the “Semi-Circular Glass”) (the “Round Glass” and

“Semi Circle Glass” collectively referred to as the “Infringing Products”). Screenshots of

various offerings for sale are attached hereto as Exhibit B. Exemplary photographs of the

Infringing Products are shown below:

4
 Case 1:21-cv-02674 Document 1 Filed 05/12/21 Page 4 of 14 PageID #: 4

Rounded Glass Semi-Circular Glass

12. Upon information and belief, since at least July 14, 2020, Defendant has

been publicly selling the Infringing Products.

13. Upon information and belief, the Round Glass is available for purchase at

least on Amazon.com as ASIN B08GR2R7WK and the Semi-Circular Glass is available

for purchase at least on Amazon.com as ASIN B08CXXVQTY.

DEFENDANTS’ WILLFUL ACTS

14. Upon information and belief, Defendant has been aware of the ’947 Patent.

15. Defendant has continued to infringe since that time with knowledge,

understanding and appreciation of the ‘947 Patent, and the rights it bestows upon Plaintiff.

16. Moreover, upon information and belief, Defendant has continued in a

course of conduct with wanton disregard to their infringement.

17. Defendant’s actions evidence a willful and wanton disregard of Plaintiff’s

rights vis-à-vis the ‘947 Patent and a desire to profit, without regard or respect for U.S.

patent laws.

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COUNT I: INFRINGEMENT OF U.S. PATENT NO. D846,947

18. Plaintiff re-alleges and incorporates the allegations in each of the

paragraphs in this Complaint as if fully set forth herein.

19. Defendant has infringed and continues to infringe the ‘947 Patent at least

through their manufacture, sale, importation, offer for sale and/or marketing of the

Infringing Products, which it offers for sale and sells on Amazon.com, Walmart.com, its

website Lifelightenup.com as well as other online and brick and mortar retail stores.

20. The ‘947 Patent covers the ornamental design for a drinking glass with an

integral cigar holder, as shown in illustrative FIG. 8 of the ‘947 Patent:

21. Plaintiff’s products embodied in the ‘947 Patent are well-known, and are

sold throughout the United States and the world. An exemplary embodiment is reproduced

below:

6
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22. Plaintiff has extensively promoted, advertised and used its glass with cigar

holder in a variety of media throughout the United States to distinguish its products and

services from those offered by others.

23. A side-by-side comparison is shown below:

Rounded Glass ‘947 Patent Semi-Circular Glass

24. Defendant’s willful infringement is evident, and an ordinary observer,

giving such attention as a purchaser usually gives, would be so deceived by the substantial

7
 Case 1:21-cv-02674 Document 1 Filed 05/12/21 Page 7 of 14 PageID #: 7

similarity between the designs so as to be induced to purchase Defendant’s Infringing

Products, believing to be substantially the same as the Plaintiff’s cigar design protected

by the ‘947 Patent.

25. Defendant’s infringement has damaged and continues to damage and injure

Plaintiff. The injury is irreparable and will continue unless and until Defendant is enjoined

from further infringement.

26. Plaintiff is entitled to a complete accounting of all revenue and profits

derived by Defendant from the unlawful conduct alleged herein, including without

limitation Defendant’s total profits pursuant to 35 U.S.C. § 289.

27. Defendant has engaged and is currently engaged in willful and deliberate

infringement of the ‘947 Patent. Accordingly, Plaintiff is entitled to treble damages

pursuant to 35 U.S.C. § 284. Moreover, such willful and deliberate infringement qualifies

this action as an exceptional case supporting an award of reasonable attorney’s fees

pursuant to 35 U.S.C. § 285.

28. Plaintiff is entitled to a permanent injunction preventing and enjoining

Defendant from further infringement of the ‘947 Patent.

COUNT II: FEDERAL COMMON LAW UNFAIR COMPETITION

29. Plaintiff re-alleges and incorporates the allegations in each of the preceding

paragraphs as if fully set forth herein.

30. Defendant is willfully, fraudulently, oppressively, maliciously and

unlawfully attempting to pass off, and are passing off, the Infringing Products as those

approved and/or authorized by Plaintiff.

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31. Defendant’s use in commerce of the Infringing Products continues to

confuse and deceive consumers as to the source of origin of the goods and services for

which Plaintiff has invested substantial time, effort and money in developing and further

damages Plaintiff’s goodwill and reputation.

32. Upon information and belief, Defendant willfully and purposefully targets

its advertisements on Amazon.com, Walmart.com, Google.com and other sites to

consumers searching for Plaintiff’s glass with cigar holder.

33. Defendant has been palming off its goods as Plaintiff’s goods. Consumers

have been and continue to be confused as to whether Defendant’s Infringing Products are

affiliated with Plaintiff.

34. The damage suffered by Plaintiff is irreparable and will continue unless

Defendant is restrained by this Court from further infringement.

35. Defendant’s willful, deliberate and malicious conduct constitutes unfair

competition with Plaintiff.

36. Such conduct by Defendant is the sole reason for Defendant’s ability to

market and sell their unauthorized Infringing Products, which are unauthorized copies that

embody Plaintiff’s glass with cigar holder.

37. Defendant has been unjustly enriched through their flagrantly unlawful

conduct, and all remedies available at law and in equity are justified.

38. Plaintiff has no adequate remedy at law in the continuing nature of the

unfair competition, which will result in irreparable harm to Plaintiff should Defendant not

be enjoined from such acts.

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COUNT III: UNFAIR COMPETITION UNDER NEW YORK LAW

39. Plaintiff re-alleges and incorporates the allegations in each of the preceding

paragraphs as if fully set forth herein.

40. Defendant is willfully, fraudulently, oppressively, maliciously and

unlawfully attempting to pass off, and are passing off, the Infringing Products as those

approved and/or authorized by Plaintiff.

41. Defendant’s use in commerce of the Infringing Products continues to

confuse and deceive consumers as to the source of origin of the goods and services for

which Plaintiff has invested substantial time, effort and money in developing and further

damages Plaintiff’s goodwill and reputation.

42. Upon information and belief, Defendant is willfully and purposefully target

their advertisements on Amazon.com, Walmart.com, Google.com and other sites to

consumers searching for Plaintiff’s glass with cigar holder.

43. Defendant has been palming off their goods as Plaintiff’s goods.

Consumers have been and continue to be confused as to whether Defendant’s Infringing

Products are affiliated with Plaintiff.

44. The damage suffered by Plaintiff is irreparable and will continue unless

Defendant is restrained by this Court from further infringement.

45. Defendant’s willful, deliberate and malicious conduct constitutes unfair

competition with Plaintiff.

46. Such conduct by Defendant is the sole reason for Defendant’s ability to

market and sell their unauthorized Infringing Products, which are unauthorized copies that

embody Plaintiff’s glass with cigar holder.

10
Case 1:21-cv-02674 Document 1 Filed 05/12/21 Page 10 of 14 PageID #: 10

47. Defendant has been unjustly enriched through their flagrantly unlawful

conduct, and all remedies available at law and in equity are justified.

48. Plaintiff has no adequate remedy at law in the continuing nature of the

unfair competition, which will result in irreparable harm to Plaintiff should Defendant not

be enjoined from such acts.

COUNT IV: DECEPTIVE PRACTICES AND FALSE ADVERTISING

UNDER NEW YORK GEN. BUS. LAW §§ 349-350

49. Plaintiff re-alleges and incorporates the allegations in each of the

paragraphs in this Complaint as if fully set forth herein.

50. Defendant’s acts constitute false advertising and deceptive acts and

practices, in violation of New York General Business Law §§ 349-350.

51. Defendant’s advertisement, promotion, manufacture, import, offering for

sale, selling and distributing the infringing products in direct competition with Plaintiff

constitutes activity likely to cause confusion, mistake and deception for and to consumers

as to the source of Plaintiff’s products, such that consumers may believe Defendant’s

products are sponsored by, endorsed by, approved by, licensed by, authorized by, or

affiliated or connected with Plaintiff.

52. Defendant has acted willfully and deliberately and has profited and been

unjustly enriched by sales they would not otherwise have made but for its unlawful

conduct.

53. Defendant has, by virtue of the foregoing, caused Plaintiff to suffer injuries

for which, unless enjoined, Plaintiff will continue to suffer substantial and irreparable

injury for which Plaintiff has no adequate remedy at law, including at least substantial and

11
 Case 1:21-cv-02674 Document 1 Filed 05/12/21 Page 11 of 14 PageID #: 11

irreparable injury to the goodwill and reputation for quality associated with Plaintiff’s

products.

54. Plaintiff is entitled to injunctive relief, and Plaintiff is entitled to recover at

least Defendant’s profits, actual damages, enhanced damages, costs, and reasonable

attorney fees under at least 15 U.S.C. §§ 1125(a), 1116, and 1117.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment

against Defendants as follows:

A. Granting judgment in favor of Plaintiff and against Defendant on all

claims;

B. Adjudging that Defendant has infringed the ‘947 Patent in violation of 35

U.S.C. § 271;

C. Adjudging that Defendant’s infringement was willful;

D. Preliminarily and permanently enjoining Defendant, its manufacturers,

retailers, distributors and resellers, its officers, agents, subsidiaries, servants, partners,

employees, attorneys, investors, consultants and all others in active concert or

participation with them, from (1) making any use of Plaintiff’s products, or any

designation of origin confusingly similar thereto, including offering to sell, selling,

distributing, or importing into the U.S. glasses confusingly similar thereto; (2)

manufacturing, importing, advertising, marketing, promoting, supplying, distributing,

offering for sale, or selling the Infringing Products or any products confusingly similar

thereto; (3) engaging in any other activity constituting unfair competition with Plaintiff,

12
Case 1:21-cv-02674 Document 1 Filed 05/12/21 Page 12 of 14 PageID #: 12

or acts and practices that deceive consumers, the public, and/or trade, including without

limitation, the use of designations and design elements used or owned by or associated

with Plaintiff; and (4) committing any other act which falsely represents or which has the

effect of falsely representing that Defendant’s Infringing Products are licensed by,

authorized by, offered by, produced by, sponsored by, or in any other way associated with

Plaintiff;

E. Ordering Defendant to recall from any distributors and retailers and to

deliver to Plaintiff for destruction or other disposition all remaining inventory of all

Infringing Products and related items, including all advertisements, promotional and

marketing materials therefore, as well as means of making same;

F. Ordering an accounting by Defendant of all gains, profits and advantages

derived from its wrongful acts;

G. Ordering third party platforms, including Amazon.com, to cease all sales

of the Infringing Products;

H. Ordering third party platforms to freeze Defendant’s accounts;

I. Order Defendant, at its own expense, to withdraw from the market, account

for and properly destroy any and all products bearing the trade dress;

J. Order Defendant, pursuant to 15 U.S.C. § 1116, to serve on Plaintiff within

thirty (30) days after service on Defendant of preliminary or permanent injunctive orders,

a report in writing, under oath, setting forth in detail the manner and form in which

Defendant has complied with the injunction.

13
Case 1:21-cv-02674 Document 1 Filed 05/12/21 Page 13 of 14 PageID #: 13

K. Order Defendant to account for, and pay over to Plaintiff, Defendant’s

profits and all damages sustained by Plaintiff;

L. Increase the amount of damages and/or profits awarded to Godinger, as

provided by law;

M. Award Plaintiff such treble and punitive damages for Defendant’s willful

and intentional acts of patent infringement, unfair competition and infringement of

Plaintiff’s rights that the Court shall deem just and proper;

N. Award Plaintiff the fees, costs and disbursements, and interest, expended

in connection with any actions taken to investigate and confirm the claims made herein;

O. Declaring Plaintiff as the prevailing party and this case as exceptional, and

awarding Plaintiff its reasonable attorneys’ fees, pursuant to 15 U.S.C. § 1117(a);

P. Ordering that Defendant pay all fees, expenses, and costs associated with

this action;

Q. Award Plaintiff its reasonable attorneys’ fees, costs, disbursements, and

interest, as provided by law; and

R. Grant such other and further relief as the Court may deem just and proper.

14
 Case 1:21-cv-02674 Document 1 Filed 05/12/21 Page 14 of 14 PageID #: 14

DEMAND FOR JURY TRIAL

Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiff demands a trial

by jury on all claims and issues so triable.

New York, New York

Dated: May 12, 2021

By: /Andrew D. Bochner/

Andrew D. Bochner, Esq.
Bochner IP
295 Madison Avenue, 12th Floor
New York, New York 10017
(646) 971-0685

Attorney(s) for Plaintiff

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 Case 1:21-cv-02674 Document 1-3 Filed 05/12/21 Page 1 of 2 PageID #: 27
JS 44 (Rev. 02/19) CIVIL COVER SHEET
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.)

I. (a) PLAINTIFFS DEFENDANTS

Godinger Silver Art, Ltd. SHENZEN TANGSON HOUSEWARE CO., LTD. D/B/A AMAZON
STOREFRONT HOME-SIGNATURE

(b) County of Residence of First Listed Plaintiff QUEENS 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)
BOCHNER IP
295 Madison Ave., 12th Floor
New York, NY 10017 (646) 971-0685

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

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 ’ 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 ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 840 Trademark ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud Act ’ 862 Black Lung (923) ’ 490 Cable/Sat TV
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) ’ 850 Securities/Commodities/
’ 190 Other Contract Product Liability ’ 380 Other Personal Relations ’ 864 SSID Title XVI Exchange
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 890 Other Statutory Actions
’ 196 Franchise Injury ’ 385 Property Damage ’ 751 Family and Medical ’ 891 Agricultural Acts
’ 362 Personal Injury - Product Liability Leave Act ’ 893 Environmental Matters
Medical Malpractice ’ 790 Other Labor Litigation ’ 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 791 Employee Retirement FEDERAL TAX SUITS Act
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: Income Security Act ’ 870 Taxes (U.S. Plaintiff ’ 896 Arbitration
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee or Defendant) ’ 899 Administrative Procedure
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act/Review or Appeal of
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 Agency Decision
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 950 Constitutionality of
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION State Statutes
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 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. § 101 et seq.
VI. CAUSE OF ACTION Brief description of cause:
Patent Infringement
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE Margo K. Brodie, Magistrate Judge Kuo DOCKET NUMBER 1:21-cv-00198-MKB-PK
DATE SIGNATURE OF ATTORNEY OF RECORD
05/12/2021 /s/ Andrew D. Bochner
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

 CERTIFICATION
Case 1:21-cv-02674 DocumentOF
1-3ARBITRATION
Filed 05/12/21 ELIGIBILITY
Page 2 of 2 PageID #: 28
Local Arbitration Rule 83.7 provides that with certain exceptions, actions seeking money damages only in an amount not in excess of $150,000,
exclusive of interest and costs, are eligible for compulsory arbitration. The amount of damages is presumed to be below the threshold amount unless a
certification to the contrary is filed.

Case is Eligible for Arbitration

I, __________________________________________,
Andrew D. Bochner counsel for____________________________,
Godinger Silver Art, Ltd. do hereby certify that the above captioned civil action is ineligible for
compulsory arbitration for the following reason(s):

monetary damages sought are in excess of $150,000, exclusive of interest and costs,
✔ the complaint seeks injunctive relief,

the matter is otherwise ineligible for the following reason

DISCLOSURE STATEMENT - FEDERAL RULES CIVIL PROCEDURE 7.1

Identify any parent corporation and any publicly held corporation that owns 10% or more or its stocks:

None

RELATED CASE STATEMENT (Section VIII on the Front of this Form)

Please list all cases that are arguably related pursuant to Division of Business Rule 50.3.1 in Section VIII on the front of this form. Rule 50.3.1 (a) provides that “A civil case is “related”
to another civil case for purposes of this guideline when, because of the similarity of facts and legal issues or because the cases arise from the same transactions or events, a
substantial saving of judicial resources is likely to result from assigning both cases to the same judge and magistrate judge.” Rule 50.3.1 (b) provides that “ A civil case shall not be
deemed “related” to another civil case merely because the civil case: (A) involves identical legal issues, or (B) involves the same parties.” Rule 50.3.1 (c) further provides that
“Presumptively, and subject to the power of a judge to determine otherwise pursuant to paragraph (d), civil cases shall not be deemed to be “related” unless both cases are still
pending before the court.”

NY-E DIVISION OF BUSINESS RULE 50.1(d)(2)

1.) Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk
County? Yes ✔ No

2.) If you answered “no” above:

a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or Suffolk
County? Yes ✔ No

b) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in the Eastern
District? ✔ Yes No

c) If this is a Fair Debt Collection Practice Act case, specify the County in which the offending communication was
received:______________________________.

If your answer to question 2 (b) is “No,” does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or
Suffolk County, or, in an interpleader action, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassau or
Yes No
Suffolk County?___________________________________
(Note: A corporation shall be considered a resident of the County in which it has the most significant contacts).

BAR ADMISSION

I am currently admitted in the Eastern District of New York and currently a member in good standing of the bar of this court.

✔ Yes No

Are you currently the subject of any disciplinary action (s) in this or any other state or federal court?

Yes (If yes, please explain ✔ No

I certify the accuracy of all information provided above.

Signature: __________/s/ Andrew D. Bochner__________________________________________

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 Case 1:21-cv-02674 Document 1-4 Filed 05/12/21 Page 1 of 1 PageID #: 29
AO 120 (Rev. 08/10)

Mail Stop 8 REPORT ON THE

TO:
Director of the U.S. Patent and Trademark Office FILING OR DETERMINATION OF AN
P.O. Box 1450 ACTION REGARDING A PATENT OR
Alexandria, VA 22313-1450 TRADEMARK

In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
filed in the U.S. District Court for the Eastern District of New York on the following
G Trademarks or G
✔ Patents. ( G the patent action involves 35 U.S.C. § 292.):

DOCKET NO. DATE FILED U.S. DISTRICT COURT

5/12/2021 for the Eastern District of New York
PLAINTIFF Format m/d/yyyy DEFENDANT
Godinger Silver Art Ltd. Shenzen Tangson Houseware Co., LTD. d/b/a Amazon
Storefront HOME-SIGNATURE

PATENT OR DATE OF PATENT

HOLDER OF PATENT OR TRADEMARK
TRADEMARK NO. OR TRADEMARK
1 D846,947 4/30/2019 Godinger Silver Art Ltd.
Format m/d/yyyy
2
Format m/d/yyyy
3
Format m/d/yyyy
4
Format m/d/yyyy
5
Format m/d/yyyy
In the above—entitled case, the following patent(s)/ trademark(s) have been included:
DATE INCLUDED INCLUDED BY
G
Amendment G Answer G Cross Bill G Other Pleading
Format
PATENTm/d/yyyy
OR DATE OF PATENT
HOLDER OF PATENT OR TRADEMARK
TRADEMARK NO. OR TRADEMARK
1
Format m/d/yyyy
2
Format m/d/yyyy
3
Format m/d/yyyy
4
Format m/d/yyyy
5
Format m/d/yyyy
In the above—entitled case, the following decision has been rendered or judgement issued:
DECISION/JUDGEMENT

CLERK (BY) DEPUTY CLERK DATE

Format m/d/yyyy
Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy

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 Case 1:21-cv-02674 Document 1-5 Filed 05/12/21 Page 1 of 2 PageID #: 30

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

UNITED STATES DISTRICT COURT

for the
Eastern District
__________ of of
District New York
__________

Godinger Silver Art Ltd. )

)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
SHENZEN TANGSON HOUSEWARE CO., LTD. )
D/B/A AMAZON STOREFRONT )
HOME-SIGNATURE )
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) SHENZEN TANGSON HOUSEWARE CO., LTD. D/B/A AMAZON STOREFRONT
HOME-SIGNATURE

Suite 1701, Block A, Liwan Building, Qianhai Road, Nanshan, Shenzen, China 518000

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 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Andrew D. Bochner
BOCHNER IP
295 Madison Avenue
12th Floor
New York, NY 10017

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.

DOUGLAS C. PALMER
CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
 Case 1:21-cv-02674 Document 1-5 Filed 05/12/21 Page 2 of 2 PageID #: 31

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 individual’s 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 individual’s 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 $ 0.00 .

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

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

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