1 - 1 - Plaintiff’s Complaint - 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Chuck Roaste LLC, ) 817 Torrence Blvd., Ste. 154 ) Case No. Redondo Beach, California 90277, ) ) Judge Plaintiff, ) ) Magistrate v. ) ) Reverse Gear, LLC, ) COMPLAINT FOR DESIGN 10250 Constellation Blvd., 19 th Floor ) PATENT INFRINGEMENT Los Angeles, California 90067, ) ) (Jury Demand Endorsed Hereon) and, ) ) Call Me Bleu, LLC, ) 200 North Swall Drive, #310 ) Beverly Hills, California 90211, ) ) Defendants. ) NOW COMES the Plaintiff, Chuck Roaste, LLC, and for its Complaint against the Defendants alleges as follows: THE PARTIES 1. The Plaintiff, Chuck Roaste, LLC, is a corporation organized under the laws of California, and has its principal place of business in California. 2. The Defendant, Reverse Gear, LLC, is a corporation organized under the laws of Delaware, and has its principal place of business in California. 3. The Defendant, Call Me Bleu, LLC, is a corporation organized under the laws of an unknown state, and has its principal place of business in California. Case: 1:14-cv-01109 Doc #: 1 Filed: 05/22/14 1 of 6. PageID #: 1
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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO
EASTERN DIVISION Chuck Roaste LLC, ) 817 Torrence Blvd., Ste. 154 ) Case No. Redondo Beach, California 90277, ) ) Judge Plaintiff, ) ) Magistrate v. ) ) Reverse Gear, LLC, ) COMPLAINT FOR DESIGN 10250 Constellation Blvd., 19th Floor ) PATENT INFRINGEMENT Los Angeles, California 90067, ) ) (Jury Demand Endorsed Hereon) and, ) ) Call Me Bleu, LLC, ) 200 North Swall Drive, #310 ) Beverly Hills, California 90211, ) ) Defendants. ) NOW COMES the Plaintiff, Chuck Roaste, LLC, and for its Complaint against the
Defendants alleges as follows:
THE PARTIES
1. The Plaintiff, Chuck Roaste, LLC, is a corporation organized under the laws of California,
and has its principal place of business in California.
2. The Defendant, Reverse Gear, LLC, is a corporation organized under the laws of Delaware,
and has its principal place of business in California.
3. The Defendant, Call Me Bleu, LLC, is a corporation organized under the laws of an unknown
state, and has its principal place of business in California.
(12) United States Design Patent (lo) Patent No.: US D459,055 S ** *Jun.25,2002 Hosogai (45) Date of Patent:
(54) REVERSIBLE DENIM PANTS
(76) Inventor: Toshio Hosogai, One Irving Pl., #V29B, New York, NY (US) 10003
( * ) Notice: This patent is subject to a terminal disclaimer.
(**) Term: 14 Years
(21) Appl. No.: 29/111,184
(22) Filed: Sep. 22, 1999
(51) LOC (7) Cl. .................................................... 02-02 (52) U.S. Cl. ........................................................ D2/742 (58) Field of Search ........................ D2/742, 745; 2/79,
(56)
2/80, 83, 400--408, 227, 234, 235, DIG. 2, 411
References Cited
U.S. PATENT DOCUMENTS
D161,057 S * 11/1950 Schwab ....................... D2/742 3,959,826 A * 6/1976 Hakanson ...................... 2/227 5,634,215 A * 6/1997 DeBaene ....................... 2/227
5,881,392 A * 3/1999 Koerner eta!. ................ 2/227 5,956,775 A * 9/1999 Ezra .............................. 2/227
* cited by examiner
Primary Examiner-Louis S. Zarfas Assistant Examiner-Robert A Delehanty (74) Attorney, Agent, or Firm-John D. Gugliotta
(57) CLAIM
The ornamental design for a reversible denim pants, as shown and described.
DESCRIPTION
FIG. 1 is a front elevational view of a reversible denim pants showing my new design; FIG. 2 is a rear elevational view thereof; FIG. 3 is a front elevational view thereof, shown in a reversed condition; and, FIG. 4 is a rear elevantional view thereof, shown in a reversed condition. The surfaces or portions of the article not shown in the drawing or described in the specification form no part of the claimed design.
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Case: 1:14-cv-01109 Doc #: 1-4 Filed: 05/22/14 1 of 3. PageID #: 18JS 44 (Rev. 12/12) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pl~ or other papers as required by law, except as provided by local rules of court. This fonn, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the pmpose o(initiatiog the civil docket sheet. (SEE INSTRUCTIONS ON NEXI' PAGE OF TillS FORM.)
Rg,~~~w~. et al.,
(b) County of Residence of First Listed Plaintiff C,a,.,_._,lif"'o""'m"'i,.a _____ _ 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 TIIE LOCATION OF TIIE TRACT OF LAND INVOLVED.
Attorneys (If Knowt1)
II. BASIS OF JURISDICTION (PklceCUI "X"inOMBw;Or!ly) m. CITIZENSIDP OF PRINCIPAL pARTIES (Pklce CUI "X" in OM Bw;for PlaiPitijf
0 1 u.s. Government ~3 (For Diversity Cases OPI/y) CUid OM Bw;for Deferulant)
Federal Question PTF DEF PTF DEF Plaintiff (U.S. ~~Not a Pony) Citizen of This State (] 1 (] 1 Incotpomted or Principal Pl&:e (] 4 (] 4
ofBusiness In This State
(]2 u.s. Government (]4 Diversity Citizen of Another State (] 2 (] 2 Incmporated artd Principal Place (] 5 (] 5 Defendant (Indicau Citizerrship of Parties in Itm~ III) of Business In Another State
Ll 3 Ll 3 Foreign Nation (] 6 (] 6
IV. NATURE OF SUIT (Pklce CUI "X" in Or!e Box OPI/y) CT TORTS R, OTHER
(] 110 Insunnce PERSONAL lNJURY PERSONAL INJURY Ll 625 Drug Related Seizure Ll 422 Appeal28 USC 158 Ll 375 Fllhe Claims Act (] 120 Marine (] 310 Airplane (] 365 Personal Injury - of Property 21 usc 881 (] 423 Withdrawal (] 400 State RcspportiolllllCIIt (] 130 Miller Act (] 315 Airplane Product Product Liability (] 6900ther 28USC 157 (] 410 Antitrust (] 140 Negotiable Instrument Lillbility (] 367 Health Carel Ll 430 Banks and BIDking (] 150 R.ecovecy ofOvmpaymeut (] 320 Assault, Libel & l'harmaceutical 'RIGHTS (] 450 Commerce
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO
Civil Categories: (Please check one category only).
1. 0 2. D 3. D
General Civil Administrative Review/Social Security Habeas Corpus Death Penalty
*If under Title 28, §2255, name the SENTENCING JUDGE:
CASE NUMBER:
II. RELATED OR REALEDCASES. See LR 3.1 which provides in pertinent part: "If an action is filed or removed to this Court and assigned to a District Judge after which it is discontinued, dismissed or remanded to a State court, and subsequently refiled, it shall be assigned to the same Judge who received the initial case assignment without regardfor the place of holding court in which the case was refiled. Counsel or a party without counsel shall be responsible for bringing such cases to the attention of the Court by responding to the questions included on the Civil Cover Sheet.w
This action is D RELATED to another PENDING civil case. This action is D REAl..S) pursuant to LR 3.1.
If applicable, please indicate on page 1 in section VIII, the name of the Judge and case number.
Ill. In accordance with Local Civil Rule 3.8, actions involving counties in the Eastern Division shall be filed at any of the divisional offices therein. Actions involving counties in the Western Division shall be filed at the Toledo office. For the purpose of determining the proper division, and for statistical reasons, the following information is requested.
ANSWER ONE PARAGRAPH ONLY. ANSWER PARAGRAPHS 1 THRU 3 IN ORDER. UPON FINDING WHICH PARAGRAPH APPLIES TO YOUR CASE, ANSWER IT AND STOP.
(1) Resident defendant. If the defendant resides in a county within this district, please set forth the name of such county couNTY: Corporation For the purpose of answering the above, a corporation is deemed to be a resident of that county in which it has its principal place of business in that district.
(2) Non-Residant defendant. If no defendant is a resident of a county in this district, please set forth the county wherein the cause of action arose or the event complained of occurred.
COUNTY: Cuyahoga
(3) Other Cases. If no defendant is a residentofthis district, or if the defendant is a corporation not having a principle place of business within the district, and the cause of action arose or the event complained of occurred outside this district, please set forth the county of the plaintiff's residence.
COUNTY:
IV. The Counties in the Northern District of Ohio are divided into divisions as shown below. After the county is determined in Section Ill, please check the appropriate division.
EASTERN DMSION
D AKRON 0 CLEVELAND
D YOUNGSTOWN
WESTERN DMSION
D TOLEDO
(Counties: Carroll, Holmes, Portage, Stark, Summit, Tuscarawas and Wayne) (Counties: Ashland, Ashtabula, Crawford, Cuyahoga, Gaauga, Lake,
Lorain, Medina and Richland) (Counties: Columbiana, Mahoning and Trumbull)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the informatioo 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. Coosequently, 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:
L(a) Plaintiffil-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, giviug 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 condenmation cases, the county of residence of the "defendant" is the location of the tract ofland involved.)
(c) Attorneys. Enter the firm name, address, telephooe number, and attorney of record. If there are several attorneys, list them oo an attaclnnent, noting in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdictioo is set forth under Rule 8(a), F .R.Cv.P., which reqnires that jurisdictions be shown in plesdings. Place ao "X" in ooe of the boxes. If there is more than ooe basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (I) Jurisdictioo based oo 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 ao "X" in this box. Federal questioo. (3) This refers to suits under 28 U.S.C. 1331, where jurisdictioo arises under the Coostitutioo of the United States, ao amendment to the Coostitution, an act ofCoogress 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.)
m. Residence (citizenship) of Principal Parties. This sectioo 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 the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is 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 than one nature of suit, select the most definitive.
V. Origin. Place an "X" in one of the six boxes. Original Proceedings. (I) 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., Sectioo 1441. When the petitioo for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for fwther action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Aoother District (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigatioo transfers. Multidistrict Litigatioo. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above.
VL Cause of Action. Report the civil statute directly related to the cause of action aod give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 BriefDescriptioo: 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.RCv.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.
vm. Related Cases. 1bis section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
T . , Reverse Gear, LLC 0 · (Defendant 3 name and address) 10250 Constellation Blvd., 19th Floor
Los Angeles, California 90067
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: David A. Wel.ling, Esq.
Choken Welling LLP 3020 W. Market St. Akron, Ohio 44333
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.
D 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
-------------
D 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 --------------------------------------- -------------
D I retorned the summons unexecuted because ; or ----------------------------------
D 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:
T . , Call Me Bleu, LLC o. (Defendant s name and address) 200 North Swall Drive, #31 0
Beverly Hills, California 90211
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 Ru1e 12 of the Federal Ru1es of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney, whose name and address are: David A. Wel.ling, Esq.
Choken Welling LLP 3020 W. Market St. Akron, Ohio 44333
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.
D 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
-------------
D 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 --------------------------------------- -------------
D I retorned the summons unexecuted because ; or ----------------------------------
D 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: