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1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ------------------------------------------------------x SABIKA, INC., ) Plaintiff, ) ) No.___________________ ) ECF CASE v. ) JURY TRIAL DEMANDED ) ANITA KELLY MANFRED, ) trading and doing business as BLING ) by Anita, ) ) Defendant. ) ------------------------------------------------------x COMPLAINT Sabika, Inc. (“Sabika”), by and through its undersigned counsel, brings this civil action against Defendant Anita Kelly Manfred (“Manfred”) trading and doing business as BLing by Anita. In support, Plaintiff alleges as follows: Nature of the Case 1. This is an action for: (1) copyright infringement as prohibited by 17 U.S.C §§ 501, et seq.; (2) trademark infringement and related acts of unfair competition acts under the Trademark Act of 1946, as amended (“The Lanham Act,” 15 U.S.C. §§ 1051, et seq.), 15 U.S.C. §1114(1)(a), and common law; (3) unfair competition ; (4) initial interest confusion as prohibited by the Lanham Act § 43(a), 15 U.S.C. § 1125(a); (5) dilution as prohibited by the Lanham Act, § 43(c), 15 U.S.C. §§ 1125(c), and the Pennsylvania Trademark Law, 54 Pa. Stat. § 1124; (6) breach of contract; and (7) unjust enrichment. Case 2:13-cv-00091-TFM Document 1 Filed 01/16/13 Page 1 of 15
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Sabika v. Manfeld Complaint

Apr 16, 2015

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Sabika v. Manfeld Complaint
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Page 1: Sabika v. Manfeld Complaint

1

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

------------------------------------------------------x SABIKA, INC., )

Plaintiff, ) ) No.___________________ ) ECF CASE

v. ) JURY TRIAL DEMANDED )

ANITA KELLY MANFRED, ) trading and doing business as BLING ) by Anita, )

) Defendant. )

------------------------------------------------------x

COMPLAINT Sabika, Inc. (“Sabika”), by and through its undersigned counsel, brings this civil action

against Defendant Anita Kelly Manfred (“Manfred”) trading and doing business as BLing by

Anita. In support, Plaintiff alleges as follows:

Nature of the Case

1. This is an action for: (1) copyright infringement as prohibited by 17 U.S.C §§

501, et seq.; (2) trademark infringement and related acts of unfair competition acts under the

Trademark Act of 1946, as amended (“The Lanham Act,” 15 U.S.C. §§ 1051, et seq.), 15 U.S.C.

§1114(1)(a), and common law; (3) unfair competition ; (4) initial interest confusion as prohibited

by the Lanham Act § 43(a), 15 U.S.C. § 1125(a); (5) dilution as prohibited by the Lanham Act, §

43(c), 15 U.S.C. §§ 1125(c), and the Pennsylvania Trademark Law, 54 Pa. Stat. § 1124; (6)

breach of contract; and (7) unjust enrichment.

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Parties

2. Sabika is a company organized and existing under the laws of Pennsylvania,

having a place of business at 2 Robinson Plaza, Suite 250, Pittsburgh, PA 15205. Sabika

designs, markets and sells jewelry and fashion accessories in many states including the

Commonwealth of Pennsylvania and is headquartered in Pittsburgh, Pennsylvania.

3. Upon information and belief, Defendant Anita Kelly Manfred, trading and doing

business as BLing by Anita, markets and sells jewelry, inter alia on a Facebook page, with an

address at 1331 Cedar Boulevard, Pittsburgh, Pennsylvania 15228-1013. In 2010 and 2011,

Manfred was a Sabika consultant and, in that capacity, had access to Sabika information and

products.

Jurisdiction and Venue

4. This Court has subject matter jurisdiction over this action pursuant to 15 U.S.C. §

1121 and 28 U.S.C. §§ 1331, 1338, and 1367. Jurisdiction over causes of action arising from

violation of Pennsylvania statutory and common law is conferred on this Court under 28 U.S.C.

§ 1338(b) because these claims are joined with substantial and related claims under federal

trademark and copyright laws.

5. Venue is proper in this district under 28 U.S.C. § 1391 because a substantial part

of the events giving rise to these claims and Sabika’s injury occurred in this District.

FACTUAL BACKGROUND

I. Sabika

6. Sabika is a family business founded in Pittsburgh in 2001 that has been an

immediate and continuing success story in its development of multiple jewelry lines, many

copyrighted jewelry products, a unique selling method and its ability to develop hundreds of

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relationships with consultants who would otherwise not be working. Over the past twelve years,

Sabika has garnered a reputation for selling unique, high-quality jewelry products. To create this

success Sabika has created a selling method which sets up separate business opportunities for

hundreds of consultants throughout 47 states, heavily concentrated in Pennsylvania, Virginia,

and West Virginia.

7. Sabika’s selling methods require the commitment of hundreds of consultants who

enter into Agreements with Sabika (Exhibit 1 hereto is a copy of the Agreement signed by

Manfred) and commit to developing hostess parties on a regular basis to enhance the customer

lists of Sabika. Consultants are amply rewarded for their efforts and the business has grown

greatly over the last twelve years.

8. Under the consultancy relationship, consultants are required to faithfully,

professionally, and to the best of their ability perform their consulting duties and “maintain the

highest standards of integrity, honesty, responsibility, and professionalism.” Further, in an effort

to maintain the stability and success of Sabika’s sales model, consultants “shall not distribute or

otherwise make available to any company, person or other entity operating in the home party

network business the Marketing Materials or other sales tools or procedures of [Sabika].”

Consultants are also required to “protect the company’s trademarks and trade name by obtaining

the company’s written permission prior to any use in any advertising or literature other than the

Marketing Materials.” In addition, when a consultant’s affiliation with Sabika terminates, the

consultant “shall immediately return any property of the Company in Consultant’s possession

including all Company manuals and training materials.”

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9. The Sabika program and sales model, which produce unique, copyrighted, and

trademarked jewelry items for sale, are a direct result of the leadership and decades-long efforts

of the family members who created Sabika.

10. Sabika is the owner of various copyright registrations (see Exhibit 2, list of

copyright registrations), multiple copyright applications, and trademarks for Sabika which is a

well-known trademark in the United States.

II. Sabika’s Copyrighted Jewelry

11. As seen in Exhibit 2, Sabika has approximately 35 copyright registrations to its

various lines of jewelry and many more copyright applications. During every year of its

existence, Sabika has created new product lines and catalogs to enhance its reputation. In

particular, Sabika has obtained a United States copyright registration for its Wine and Dine Fun

Choker, CM 862CK, registration number VA1-836-897, effective September 20, 2012 (see

Exhibit 3 hereto).

III. Sabika’s Trademarks

12. Sabika has five trademark registrations (see Exhibit 4 hereto, which includes

registrations 4,189,055; 4,087,637; 4,087,021; 4,077,226; and 3,731,881) indicating protection of

the Sabika trademark for use dating back to August 2000. These registrations cover the “Sabika”

name as well as other trademarks and a unique heart design used by Sabika.

13. Those who improperly use Sabika’s products to develop and sell their own

imitation products, while at the same time claiming that their products are substantially similar to

– or in fact are identical to – Sabika products, repeatedly violate Sabika’s trademark

registrations.

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IV. Defendant’s Conduct

14. Defendant Manfred was a consultant for Sabika in 2010-2011. On information

and belief, after leaving Sabika, Manfred opened her own jewelry business with her sister and

started selling her products through open houses by moving into home parties with hostesses.

On information and belief, when a prospective customer calls to order jewelry from Manfred, she

uses and refers to products found in Sabika catalogs. In fact, it is Plaintiff’s understanding that

Manfred routinely discusses her products in relation to Sabika’s products. On information and

belief, Manfred tells customers that she works with the same suppliers as Sabika, and that she

has worked for more than a year cultivating those relationships. On information and belief, as

part of her sales pitch, Manfred routinely states that her products are “Sabika at half the cost.”

15. Ms. Manfred uses the company name BLing by Anita. She has previously been

notified of her improper usage of the jewelry, copyrights and trademarks of Sabika and has

denied any responsibility through her counsel. She lists her Facebook page for her competing

product sales at www.facebook.com/pages/Bling-Swarovski-Crystal-Jewelry/294619047216262.

16. In particular, Defendant Manfred sells the Sabika copyrighted piece Wine and

Dine, Registration No. VA1836-897 (see Exhibit 3 hereto), without Sabika’s authorization.

Defendant also sells other pieces separately under copyright application soon to be registered.

COUNT 1 (COPYRIGHT INFRINGEMENT)

17. Sabika realleges and incorporates by reference paragraphs 1 through 16 of this

Complaint.

18. Defendant’s sale of jewelry products, which directly copy designs for which

Sabika owns a copyright registration, is in violation of 17 U.S.C. § 106. As a result, Sabika is

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entitled to injunctive relief pursuant to 17 U.S.C. § 502 and is also entitled to damages (including

statutory damages), profits, costs, and attorneys’ fees pursuant to 17 U.S.C. §§ 502 and 505.

19. Defendant has illegally reproduced the Sabika jewelry, distributed it to the public,

displayed it to the public and/or induced or supervised others into engaging in such infringing

conduct and will continue to do so in the future.

20. By violating the exclusive rights granted by copyright to Sabika, Defendant’s

conduct has and will continue to cause Sabika irreparable harm.

21. Defendant’s infringement of Sabika’s copyrighted jewelry was willful and in

knowing disregard of Sabika’s copyright rights.

COUNT 2 (FEDERAL AND COMMON LAW

TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION)

22. Sabika realleges and incorporates by reference paragraphs 1 through 21 of this

Complaint.

23. Without the consent of Sabika, Defendant is using in commerce Sabika’s

trademarks and trade names in connection with the sale, offering for sale, distribution or

advertising of Defendant’s jewelry on or in connection with which such use is likely to cause

confusion, or to cause mistake or to deceive in violation of 15 U.S.C. § 1114(1)(a) and common

law.

24. Without the consent of Sabika, Defendant is using and imitating Sabika

trademarks, using them in commerce upon or in connection with the sale, offering for sale,

distribution or advertising of goods or services on or in connection with which such use is likely

to cause confusion, or to cause mistake, or to deceive in violation of 15 U.S.C. § 1114(1)(a) and

common law.

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25. On information and belief, Defendant is using in commerce (a) words, terms,

names, symbols, devices and combinations thereof, (b) a false designation of origin, a false or

misleading description of facts, and (c) false and misleading representations of fact, all of which

are likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection,

or association of Defendant with Sabika, or as to the origin, sponsorship, or approval of

Defendant’s jewelry, or commercial activities by Sabika in violation of 15 U.S.C. §1125 et seq.

and common law.

26. Defendant’s use of these terms and indicia infringes and will continue to infringe

Sabika’s federal and common law rights in the Sabika trademarks. Defendant committed the

foregoing acts with full knowledge of Sabika’s federal and common law trademark rights in the

Sabika trademarks. Her commission of such acts, with full knowledge of Sabika’s rights,

constitutes willful violations of 15 U.S.C. §1114 and common law.

27. Defendant has been and is continuing to attempt to trade on valuable goodwill

associated with Sabika’s trademarks.

28. Defendant’s acts have irreparably damaged, and unless enjoined by this Court,

will continue to irreparably damage, Sabika by causing loss of sales, profits, business, reputation,

goodwill and other losses, many of which are virtually impossible to calculate. An award of

monetary damages alone cannot fully compensate Sabika for its injuries, and plaintiff lacks an

adequate remedy at law.

COUNT 3 (UNFAIR COMPETITION)

29. Sabika realleges and incorporates by reference paragraphs 1 through 28 of this

Complaint.

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30. Defendant’s manufacture, advertising, sale and/or distribution in interstate

commerce of imitation jewelry, and use of the Sabika trademarks, are likely to cause confusion,

mistake and deception in the marketplace for such products as to the source and authority for

offering such products and as to the quality of such products. Potential and actual consumers are

likely to believe, and likely to be deceived into believing, that the products offered by Defendant

are approved, authorized and/or licensed by Sabika.

31. Defendant’s use of her Facebook website to advertise her imitation jewelry is

likely to cause confusion, mistake and deception in the marketplace as to the source and

authority for offering such products and as to the quality of such products. Potential and actual

consumers are likely to believe, and are likely to be deceived into believing, that the products

offered by Defendant are approved, authorized and/or licensed by Sabika. Defendant is therefore

unnecessarily creating confusion between Sabika’s goods and her imitation goods.

32. Upon information and belief, the intended acts described above reflect

Defendant’s scheme by which she, without authority, consent or privilege, intends to imitate or

pass off her goods as Sabika products, or as goods for which Defendant has received Sabika’s

sponsorship or approval. Defendant’s intentional conduct further creates the impression that

Sabika is responsible or accountable for the quality of the goods sold or offered for sale by

Defendant. Defendant’s conduct also harms the value of Sabika’s jewelry products and

reputation for jewelry products of the highest quality, a value acquired by Sabika as a result of

Sabika’s substantial expenditure of money, effort and service to customers. Through its actions,

Defendant is inducing the purchase of imitation jewelry and is thereby obtaining benefits

properly belonging to Sabika.

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33. Defendant’s conduct as described above constitutes unfair competition in

violation of the common law of the Commonwealth of Pennsylvania.

34. Defendant committed the acts described with notice of Sabika’s rights and with

the intent to cause confusion, mistake and deception on the part of the consuming public.

35. Defendant’s conduct was and continues to be willful and knowing.

36. Defendant’s acts have irreparably damaged, and unless enjoined by this Court,

will continue to irreparably damage Sabika by causing loss of sales, profits, business, reputation,

goodwill, and other losses, many of which are virtually impossible to calculate. An award of

monetary damages alone cannot fully compensate Sabika for its injuries and, accordingly, Sabika

lacks an adequate remedy at law.

COUNT 4 (INITIAL INTEREST CONFUSION)

37. Sabika realleges and incorporates by reference paragraphs 1 through 36 of this

Complaint.

38. Defendant’s use of the Sabika copyrights and trademarks constitutes false and

deceptive representations of Sabika’s copyrights, trademarks, and jewelry in that the use of

Sabika’s trademarks, copyrights, and jewelry are designed to create initial interest in Defendant’s

products through the misappropriation of Sabika’s goodwill and jewelry designs.

39. Defendant’s use and advertisement of her imitation Sabika products constitutes false

and deceptive representations in that such use is designed to create initial interest in the

Defendant’s products through the misappropriation of Sabika’s goodwill and jewelry designs.

40. Defendant’s false and deceptive products and acts are likely to cause confusion or

mistake, or to deceive consumers into believing, that there is an affiliation or close association

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between Defendant and Sabika. Defendant’s actions violate section 43(a) of the Lanham Act, 15

U.S.C. § 1125(a).

41. Defendant’s actions are willful, knowing and intentional, and are undertaken with

the express purpose of harming Sabika.

42. Sabika has been and is likely to continue to be damaged in an undetermined

amount. Sabika has been and is likely to continue to be irreparably harmed by Defendant’s

misleading and deceptive misrepresentations of affiliation and association with Sabika, for which

there is no adequate remedy at law.

COUNT 5 (DILUTION)

43. Sabika realleges and incorporates by reference paragraphs 1 through 42 of this

Complaint.

44. For many years, Sabika has created substantial goodwill as a well-respected and

famous brand of jewelry and accessories in the United States in general and the Commonwealth

of Pennsylvania in particular. Sabika products sold under the Sabika trademarks are uniquely

designed and are among the most well-known brands of mid-priced costumed jewelry in the

United States. The Sabika trademarks, Sabika method, and Sabika trade dresses in its unique

designs have been used widely, exclusively and for a long duration in association with Sabika,

such that such marks and trade dresses have become and are now distinctive and famous.

45. Despite knowledge of Sabika’s rights in and to the Sabika trademarks, trade

dresses, and designs, Defendant is now using the Sabika name, trademark, and designs in

association with her imitation jewelry, and her imitation jewelry is nearly identical to the Sabika

trade dresses and designs protected by the Sabika name.

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46. Despite knowledge of Sabika’s rights in and to the trademarks, trade dress, and

designs, Defendant now advertises her imitation jewelry and designs in such a way as to cause

dilution of the distinctive quality of Sabika’s famous name, trademark, and trade dresses.

47. Defendant’s use of the Sabika trademarks and sale of her imitation jewelry has

lessened and will lessen the capacity of Sabika’s famous trademarks, trade dresses, and designs

to identify and distinguish Sabika’s products.

48. Defendant has willfully intended to trade on Sabika’s reputation and to cause

dilution of Sabika’s famous trademarks, trade dresses, name, and designs.

49. Defendant’s acts constitute a violation of §43(c) of the Lanham Act, 15 U.S.C. §

1125(c), and the Pennsylvania Trademark Law, 54 Pa. Stat. § 1124.

50. By reason of and as a direct result of these acts of dilution by Defendant, Sabika

has suffered and will continue to suffer great irreparable damage, the full extent of which is

currently unknown.

COUNT 6 (BREACH OF CONTRACT)

51. Sabika realleges and incorporates by reference paragraphs 1 through 50 of this

Complaint.

52. Defendant Manfred entered into a consultancy relationship with Sabika in 2010

which was terminated in 2011. Defendant is required, under the Consultant Agreement that she

signed, not to distribute or otherwise make available Sabika’s Marketing Materials or other sales

tools or procedures to any company, person, or other entity operating in the home party or

network business (see Exhibit 1 at ¶12).

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53. Furthermore, Defendant was required to protect Sabika’s trademarks and trade

names by obtaining the company’s written permission prior to any use in any advertising or

literature other than the Marketing Materials.

54. On information and belief, these requirements of trust and acts in good faith were

not only extant during the consultancy relationship, but also thereafter.

55. Upon information and belief, and in direct contravention of her prior relationship

with Sabika, Defendant has breached the Consultant Agreement by establishing and operating a

separate entity that uses the information that she obtained from Sabika following the termination

of her relationship with Sabika, as well as by distributing such information for personal gain in

breach of her Consultant Agreement.

56. Upon information and belief, contrary to protecting Sabika’s trademarks and trade

name, Defendant has intentionally used those trademarks and that trade name to enhance a

personal business relationship having nothing to do with Sabika but trading on the same goodwill

of Sabika to Sabika’s detriment. Such contractual breaches have caused substantial harm to

Sabika and its programs with its consultants. By reasons of these acts Sabika has suffered and

will continue to suffer great and irreparable damage, the full extent of which is currently

unknown.

COUNT 7 (UNJUST ENRICHMENT)

57. Sabika realleges and incorporates by reference paragraphs 1 through 56 of this

Complaint.

58. Defendant’s distribution and sale of jewelry that is substantially the same as

Sabika, and her use of Sabika’s goodwill and substantial fame, have improperly enriched

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Defendant, to the detriment to Sabika. This has been done unjustly and without any support. On

information and belief, Defendant has undertaken such actions in substantial and willful

disregard of such rights of Sabika, solely to play on the value of the Sabika trademarks, name,

and designs, which were all developed by Sabika.

59. By reason of and as a direct result of these acts of unjust enrichment by

Defendant, Sabika has suffered and will continue to suffer great and irreparable damage, the full

extent of which is currently unknown.

60. Defendant’s retention of the benefits that she has wrongfully secured through the

misuse of Sabika’s trademarks, name, designs, goodwill, and fame, without payment to Sabika,

is unconscionable.

PRAYER FOR RELIEF

WHEREFORE, Sabika requests that this Court:

(a) enter an order preliminarily and permanently enjoining Defendant from continued

acts of copyright infringement, trademark infringement, initial interest confusion, unfair

competition, dilution and from further violations of any of the federal and state laws cited herein;

(b) order the immediate destruction of all imitation jewelry in Defendant’s possession

or in the possession of any person selling or distributing the imitation jewelry which are the

subject of a violation of 15 U.S.C. §§ 1114 or 1125 or any of the state laws herein;

(c) award to Sabika the Defendant’s profits from the sale of her jewelry intended to

imitate and substantially take away from the goodwill of Sabika;

(d) award damages adequate to compensate Sabika for Defendant’s acts of copyright

infringement, trademark infringement, unfair competition, dilution and violations of the federal

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and state laws cited here, and a proper amount where applicable of statutory punitive and

exemplary damages;

(e) treble such damages and profits pursuant to 15 U.S.C. § 1117;

(f) assess interest upon damages so computed, including prejudgment interest;

(g) award Sabika its attorneys’ fees, costs and expenses in this action; and

(h) order such other relief as the Court deems necessary and proper.

DEMAND FOR TRIAL BY JURY

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

by jury of all issues properly triable to a jury in this case.

Dated: January 16, 2013 BUCHANAN INGERSOLL & ROONEY PC

By: /s/ Charles B. Gibbons______________ Charles B. Gibbons, Esq. Michael L. Dever, Esq. Christopher A. Amar, Esq. One Oxford Centre 301 Grant Street, 20th Floor Pittsburgh, Pennsylvania 15219-1410 [email protected] [email protected] [email protected] Tel.: (412) 562-8800 Fax: (412) 562-1041 - and -

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Maxim Waldbaum, Esq. (pro hac vice to be filed) Robert D. Katz, Esq. (pro hac vice to be filed) EATON & VAN WINKLE LLP 3 Park Avenue, 16th Floor New York, NY 10016 [email protected] [email protected] Tel.: (212) 779-9910 Fax: (212) 779-9928 Attorneys for Plaintiff Sabika, Inc.

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Case 2:13-cv-00091-TFM Document 1-1 Filed 01/16/13 Page 1 of 3

JS 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 pleadings or other papers as required by law, except as provided by localmles 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 purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORA{)

I. (a) PLAINTIFFS SABIKA, INC.

(b) County of Residence of First Listed Plaintiff Allegheny County, PA (K¥CEPT IN U.S. PLAIN11FF CASES)

(C) Attorneys (Firm Name, Address, and Telephone Numbe1) See attachment

DEFENDANTS ANITA KELLY MANFRED, trading and doing business as BUNG by ANITA

County of Residence of First Listed Defendant (IN U.S. PLAIN11FF CASES ONLJJ

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

II. BASIS OF JURISDICTION (Place an "X"inOneBoxOnM III. CITIZENSHIP 0 F PRINCIPAL PARTIES (Place an "X" in one Box for Plaint(ff

0 1 U.S. Govemment

Plaintiff

0 2 U.S. Govcmment Defendant

l'<l 3 Federal Question

(U.S. Govemment Not a Part;)

0 4 Diversity (Indicate Citizenship of Parties in J/em Ill}

IV NATURE OF SUIT (Place an"¥" in One Box On!;) " CONTRACT TORTS

0 110 Insurance PERSONAL INJURY PERSONAL INJURY 0 120 Marine 0 310 Airplane 0 365 Personal Injury -0 130 Miller Act 0 315 Airplane Product Product Liability 0 140 Negotiable Instrument Liability 0 367 Healtl1 Carel 0 150 Recovery of Overpayment 0 320 Assault, Libel & Pharmaceutical

& Enforcement of Judgment Slander Personal lnjmy 0 I 51 Medicare Act 0 330 Federal Employers' Product Liability 0 152 Recovery of Defaulted Liability 0 368 Asbestos Personal

Student Loans 0 340 Marine Injury Product (Excludes Veterans) 0 345 lllarine Product Liability

0 153 Recovery of Overpayment Liability PERSONAL PROPERTY ofVeteran's Benefits 0 350 Motor Vehicle 0 370 Other Fraud

0 160 Stockholders' Suits 0 355 Motor Vehicle 0 371 Truth in Lending 0 190 Otl1er Contract Product Liability 0 380 Other Personal 0 195 Contract Product Liability 0 360 Other Personal Property Dan1age 0 196 Franchise Injury 0 385 Property Damage

0 362 Personallnjury- Product Liability Medical Malpractice

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 0 210 Land Condenmation 0 440 Other Civil Rights Habeas Corpus: 0 220 Foreclosure 0 441 Voting 0 463 Alien Detainee 0 230 Rent Lease & Ejectment 0 442 Employment 0 510 Motions to Vacate 0 240 Torts to Land 0 443 Housing/ Sentence 0 245 Tort Product Liability Accommodations 0 530 General 0 290 All Other Real Property 0 445 Amer. w/Disabililies- 0 535 Death Penalty

Employment Other: 0 446 Amer. w/Disabilities- 0 540 Mandamus & Other

Other 0 550 Civil Rights 0 448 Education 0 555 Prison Condition

0 560 Civil Detainee -Conditions of Confinement

V. 0 RIG IN (Place an 'T' in One Box On/;)

(For Dil•ersity Cases Only) and One Box for Defendalll) PTF DEF PTF DEF

Citizen of This State 0 l 0 l Incorporated or Principal Place 0 4 0 4

Citizen of Another State

FORFEITURE/PENALTY

0 625 Drug Related Seizure of Property 21 USC 881

0 690 Other

LABOR 0 710 Fair Labor Standards

Act 0 720 Labor!lvlanagement

Re1ations 0 740 Railway Labor Act 0 751 Family and Medical

Leave Act 0 790 Other Labor Litigation 0 791 Employee Retirement

Income Security Act

IMMIGRATION

of Business In This State

0 2 0 2 Incorporated and Principal Place of Business In Anotl1er State

0 5 0 5

0 3 0 3 Foreign Nation 0 6 0 6

BANKRUPTCY OTHER STATUTES

0 422 Appeal28 USC !58 0 375 False Claims Act 0 423 Witl1drawal 0 400 State Reapportionment

28 usc 157 0 410 Antitmst 0 430 Banks and Banking

PROPERTY RIGHTS 0 450 Commerce 0 820 Copyrights 0 460 Deportation 0 830 Patent 0 4 70 Racketeer Influenced and l'<l 840 Trademark Cmrupt Organizations

0 480 Consumer Credit SOCIAL SECURITY 0 490 Cable/Sat TV

0 861 HIA (!395ft) 0 850 Securities/Commodities/ 0 862 Black Lung (923) Exchange 0 863 DIWC/DIWW (405(g)) 0 890 Other Statutmy Actions 0 864 SSID Title XVI 0 891 Agricultural Acts 0 865 RSI ( 405(g)) 0 893 Environmental Matters

0 895 Freedom of Information Act

0 896 Arbitration FEDERAL TAX SUITS 0 899 Administrative Procedure

0 870 Taxes (U.S. Plaintiff Act/Review or Appeal of or Defendant) Agency Decision

0 871 IRS-Third Party 0 950 Constitutionality of 26 usc 7609 State Statutes

0 462 Naturalization Application 0 465 Other Immigration

Actions

)8( 1 Original 0 2 Removed from Proceeding Slate Court

0 3 Remanded from Appellate Court

0 4 Reinstated or Reopened

0 5 Transferred from Another District (specijj)

0 6 Multidistrict Litigation

VI. CAUSE OF ACTION 1-::'L"':a"-':n"'"fha;;;.m:..:..:-:A-:-:ct,_, 1,;,;5:-U;;;_·;,;;;S..;..;.C:...:.."""""'..:...:....:'-'-'-''""""'L!,..;,...;,;;;;.,;:...>..:;J"-'-=..:.>...:.L.------------------­Brief description of cause: Copyright and trademark infringement

VII. REQUESTED IN COMPLAINT:

VIII. RELATED CASE(S) IF ANY

DATE

01/16/2013 FOR OFFICE USE ONLY

0 CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, F.R.Cv.P.

(See instructions): JUDGE

DEMANDS

SIGNATURE OF ATTORNEY OF RECORD

/s/ Charles B. Gibbons

RECEIPT# AMOUNT APPLYING IFP

CHECK YES only if demanded in complaint:

JURY DEMAND: ;gj Yes 0 No

DOCKET NUMBER

JUDGE lv!AG. JUDGE

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Case 2:13-cv-00091-TFM Document 1-1 Filed 01/16/13 Page 2 of 3

JS 44AREVISED June, 2009 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

THIS CASE DESIGNATION SHEET MUST BE COMPLETED

PART A

This case belongs on the ( 0 Erie () Johnstown ~ Pittsburgh) calendar.

1. ERIE CALENDAR- If cause of action arose in the counties of Crawford, Elk, Erie, Forest, McKean. Venang or Warren, OR any plaintiff or defendant resides in one of said counties.

2. JOHNSTOWN CALENDAR- If cause of action arose in the counties of Bedford, Blair, Cambria, Clearfield or Somerset OR any plaintiff or defendant resides in one of said counties.

3. Complete if on ERIE CALENDAR: I certify that the cause of action arose in ____________ _ County and that the resides in County.

4. Complete if on JOHNSTOWN CALENDAR: I certify that the cause of action arose in ___________________ County and that the ______________ resides in ___________________ County.

PART B (You are to check ONE of the following)

1.0 2. ~

This case is related to Number __________________ . Short Caption ________________ ~----

This case is not related to a pending or terminated case.

DEFINITIONS OF RELATED CASES: CIVIL: Civil cases are deemed related when a case filed relates to property included in another suit or involves the same issues of fact or it grows out of the same transactions as another suit or involves the validity or infringement of a patent involved in another suit EMINENT DOMAIN: Cases in contiguous closely located groups and in common ownership groups which will lend themselves to consolidation for trial shall be deemed related. HABEAS CORPUS &CIVIL RIGHTS: All habeas corpus petitions filed by the same individual shall be deemed related. All pro se Civil Rights actions by the same individual shall be deemed related.

PARTC I. CIVIL

1.0 2. 0 3. 0 4. 0 5. 0 6. 0 7. 0 s.o

9. 0 10.0

CATEGORY (Place x in only applicable category). Antitrust and Securities Act Cases Labor-Management Relations Habeas corpus Civil Rights Patent, Copyright, and Trademark

Eminent Domain All other federal question cases All personal and property damage tort cases, including maritime, FELA, Jones Act, Motor vehicle, products liability, assault, defamation, malicious

prosecution, and false arrest

Insurance indemnity, contract and other diversity cases. Government Collection Cases (shall include HEW Student Loans (Education),

V A Overpayment, Overpayment of Social Security, Enlistment Overpayment (Army, Navy, etc.), HUD Loans, GAO Loans (Misc. Types), Mortgage Foreclosures, SBA Loans, Civil Penalties and Coal Mine Penalty and Reclamation Fees.)

I certify that to the best of my knowledge the entries on this Case Designation Sheet are true and correct

Is/ Charles B. Gibbons Date: January 16, 2013

ATTORNEY AT LAW

NOTE: ALL SECTIONS OF BOTH FORMS MUST BE COMPLETED BEFORE CASE CAN BE PROCESSED.

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Case 2:13-cv-00091-TFM Document 1-1 Filed 01/16/13 Page 3 of 3

Counsel for Plaintiff (Pro Hac Vice to be filed)

Maxim Waldbaum, Esquire Robeli D. Katz, Esquire EATON & VAN WINKLE LLP 3 Park A venue, 16th Floor New York, NY 10016

Phone: (212) 779-9910

Local Counsel for Plaintiff

Charles A. Gibbons, Esq. Michael L. Dever, Esq. Cln·istopher A. Amar, Esq. BUCHANAN INGERSOLL & ROONEY PC One Oxford Centre 301 Grant Street, 20th Floor Pittsburgh, PA 15219

Phone: (412) 562-8800

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EXHIBIT 1

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\VIIEREAS, tht:: Company \'lishes lo engage Consultant as an indcpcmk'nt sale~ representntive lo sell certain of the Comrxmy' s jewelry and related product::; (the "Product<>"), and Con~ultant \vishes to be engaged by the Company in .>1.tch capacity;

WHHR EAS, the Comp-any desires to ;l."SllfC ito:;df of the :;crvices of Consultunt and Consultant desires to he engaged by the Company as a consultant on the tcnns and t:onditions s~·t iorth bdow.

NOW, TIIEREFORE, intending to be legHHy bound hcrcby, the JYdrtie,'-; h<..:rcby agrc~.· as l(lJlows:

l. The Company hcn.·by engages Consultant as <m indept!ndent wn(mctor to promote .und sell !.he Company's Products at private event:-; ("Home P::utics") in a<.-cord<.mtc with the Company's policies ::Uld procedures. Consul(~mt herehy aecept'i such engagement \Vith thL! Company on the terms and com.litions sd torth in this Agnxmcnt

2. Consultant is cntitkd to act w; a ConsuHant in lhc tcrrit<ll)' of the United States of America. This Agreem~~nt do~ not provide any exclusive rights for Consultant with re<;p<.~ct to tenitorics, cus.tomcrs, or market.;:;.

J. lh! Company has the exclusive right to dctt·mlinc Lhe type of Products v.dtich Consultant can display and oiler for ~.;;de. Consul!::mt Wlderstnnd.'> and acknmvkdges that the Company is entitled 10 discontinue or add Products i\t its sole discretion.

4. Consultant shall not di:,;p)ay or offer tor sttlc: ~Ul)' olh<,~r aw.:n:handisc at a Horne PHrly where the Company's Product'> are displayed or oftered for sale.

5. Consultant shall comply with the Company's policies and proet.'<lun.·:s n~garding iht~ mam1cT of sale and markeling oftl1e Company\; Products. \Vith<lul. limitation of any of the Company's policies and proe~durc.'> concerning s.de and mar'~<eting of [1Jc Company's Product., COflsul!Jmt shaH not:

a. sdl the Company's products to retail ~aiL:s or servic<..~ c-~tablishmenl<>;

b. display or ofter tor s..'lle any Company Product on an internet website, with the e:.:ct:ption of the CompFmy's own \V<.~bsite.

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6~ A~ an inde!)l:ndcnt C(tnl.rtictor, C<.HJ.SuJtant is solely liable for ull inco;·nc taxes and self-t:mploymcnltaxes that are rtxjuircd by (Ill fcdeml, slate, and local h!\vs.

7. Consultant undcr·sumds and acknowledges that Consultant is l1{>L a JOint

venture v.ith, or lhmchist:t:", partner, agent, or employee of the Company. Consultrult has no pov.·cr or authority to incur any dt~bt, obligation, or liability on behalf of the Comp<my.

8. Consultan( shall faithti.LIIy, prufc.ssior~<dly. and to the best of Consull;.mt's ability pt::rf(mn such consulting dutie!-i. The partic·s tmderstand and ugrcc that Consultant shull perform such duties at such times and in such manner a-;; the Compuny deems best to pt.':ffoml such duties. CoiL<;ulL'U!l shall maintain t11e highest standards of integrity, honesty, responsibility and profi;:;sionalism. ConsuiWnl shall not consume alcohol at any Home ·Parties.

9. Con.su.ltruH :'ibaH keep lhc Company inl(mm.xf of Consultrull's wurk on a monthly basis. It is understood that ConsuJt<IDt shall pcrforrn ils duties lrom it.<; mvn oft!cel) or olhcr locations and nol at the Comp<my's onicc.s.

l 0. Consultant acknowledge:-; Consult<mt's initial purchase of Product samples and a sample attachcC In ~x~ used in com1:ection with the duties of Consul!i!nr hcrcumkr. In the event this Agreement is tenninatcd., Company will have no obligation to repurchnsc the l'mdtK~t s.ampks or sampl-e attache:.

II. Tht~ Company \Vill p<.,'Tinit a qualifYing Consull<mt to tl..<.;c a "seasonal suitca."it:" contaiuing sample:<; of the Product'> (!ht: "Sea-'>ona.l Suitcase") at I lome Parties. '!be Se.ISOnal Suiwasc is and at all times will remain the property of the CompHny. Cons1.dtant agrc(,'"S to !'\.:place and/or pay fbr any loss or damage to any s<m1ple.s in tlw Sca.-<;fm;d Suitca.')t:: from any cause, including, but tlot Iimlt~:d to, b«-e:l~age, Uletl or other loss.

J 2. Consultant :shall not distribute or othenvisc make available lu any company, person or other entity operating in the home po..rty network business the Marketing ~vtatcrials or other sales Cools or proe(.xfures ofthc Company.

13. Ct1n$ultant will protect the Companis tradcmo..rb; m1d tr.:t<.k: name by obtaining the Company's \vTitten pcm1i~"linn prior to any w;e in any advertising or li!~,-ature other than the Marketing Materials.

14. Consultant shall direct all customers purchasing Prodocts to i ... ;suc payment to the Comp<.my, and Con..~uJtunl shall remit the payments to the Company wilhin t~)rty-cight ( 48) hours of the sale.

1 ). For the :q.aics of the Produ1::L'> under this Agreement Consuh<mt shall n.::cc1vc:

-2-

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a. twenty percent (20%) of the ag£,rcgatc gross of the Company's Products, less rctm·ns, made by Consultant (such sales not to include any Protiuct pun::hast·d by Consultant or hostt::ss .awards); and

b. an override to bc dctcrrnincd by the Company's prevailing rate of comp~.msation on the aggregate gross s..'llcs of the Company's Products, less returns, made by a Sponsored Consultant (sec Paragraph 17 tor the definition of a Spon$orcd Consultant) (such ::;ales not lo indud~.: any Produd put'dw.scd by the Sponsore.d Consultant or hoste:-;s a\vard.'>), suhj<.~ct to Paragraph 16 bclmv;

(€.:ollectivc:ly. the "Commissions"). The Commissions :;hall be payable during tht.: next stuxx-cding calendar mont11 afkr the calendar month during whkh payment i::; received by the Company. The Commissions shall b..: paid v.·ithout withholding for taxes, sot:ial security, or unemployment comrl(:nsatjon, t!~K~ to Consultant's statu.o.;; as an independent contractor. Con.'>ultanl shall nol be entitkd to any Commissions pursuant to subse(.';tion (b) upon tennination of this Agreement For purposes or determining gmss sales, thL~

charges tor sales tax. shipping and handling arc excluded.

16. Con~uitant shall be de-emed to be inactive C'Tcmporarily Inactive Con.o.;;ultant") and shall not be er1titlcd to any Commissions pursuant to Pw'a['.raph 15(h) lor any calendar month (olhcr than the calendar month in which t11is AgreenH:nt is cxc.cutt:d, if less thun a full calend.ar month) i r Consull:mt either:

a. fails to hold any Home Parties; nr

h. generates less tlu111 $500.00 in aggregate gross sales of the Company'::; Products, less rcturns, k)r which payment is received by the Company during such c;Jit:ndar month (such sal~s not to include those made by any Spon:;orcd Consultant, !:ialcs of Product.;; to Consultant, or hosk~ss awards):

17. Con~"ttltant may recommend nevt' sales eoit.<;ulwnts ("Sponsored Consultants") tu t.hc Compuny by the <.~ompldion and submission to t.l1(: Company of a Potcnti(d Consultant Referral Form (the "Rdhral Fom1 '~), provided no othCI' consultanl of the Company has J)f\!Viously n.~commc::ndcd tl~>:.~ Spons.orcd Consultrult throug,lt the submission of a Rdcrral Fonn. For so long as the SrJ.onsorcd Consultant n .. ~maitts a sales c.~onsultnnt for tlm Company, the: Spoit.wred Comulbmt shall. be deemed a Spons<>red Consultant Consultant may not submit a Reterr~l Fonn during any month in which Consultant is a Temporarily [n;l(;tivc Consultilllt. In the event Consul!ant submits a Rdcrral form whik~ in the: status of a Tcmpor.:trily lnoctivc ConsuJiant, any such (Jt:r.:>on who should become a consultant for the Company sJ1all be assigm:d by 1hc Company at it'> discreth1n to another consultant as such ccJnsultant's Sponsorot.:d Consultant rr such a.o;;:sih,.rnment is made, no commissions shall be paid to Consulrunt for sud1 person under Paragraph l5(b). rr Consultant is a Temporarily Inactive Consultant for three or n1ort: (:cmsccutivt:. calend:1r months, any Sponsored Consultant{s) may be assigned to other consultants of the Con1pany.

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Case 2:13-cv-00091-TFM Document 1-2 Filed 01/16/13 Page 5 of 5

After any such reassignment, no further commissions sh.Hll be fUtid to Consultant for sw:.:h Sponsored Consu!tant(s) under P<1mgmph I 5(h) above.

18. The Company shall provide no benefits and has nll obligation to reimburse Consulr<mt fbr <.~xpensl'S incurred in comK·ction ,.,ith Consult<mt's n·sponsibilities. ConsuHrult may t1kc vacation or other time off Hs Consultant s..:cs fit.

19. This Agnx.:mcnt may IM;: tcm1itwtcd hy either party without CalL~ upon writt!.~ll notice, Jn the event of temlinadon of the Agrc~mcnt, Consultant shaH immcdiardy return .:Ul)i property~ of tht~ Comp;my in Consultant's possession, induding all Company manuals nnd !mining rnatcdals.

20. Tllis Agre~mcnt shall be governed by the Ia\vs of the Commonwealth of Penn~·ylvania.

21. Consulwnt ts not permitted (o a."sign this Agreement, or aJJy rights thereundcl'.

22. Waiver. The failure citht:r party to insist, in any one or more insta.net:::;, upon perfom1ancc of tl~e tenus or conditions nr this Agreement shall not ~construed as a W<aivcr or a rclitR!Ilishmcnt of any right granted h'--:rcun(kr or of the fuhm~ per!orrnarJcc of any such terrn1 covenant or condition.

23. Notices. All notic-e~ shall be provided at the addresses of th.: parties provided in the inlroductory paragraph.

24. This Agreement contains till.~ entire agreement bt:twccn t~: parties, ami is not su~ject to altcrJ.~tion, moditiCJ.llion, or chrulgc, except in writing.

IN WITNESS WHEREOF, the P"Mrics hereto h<~vc executed this Agnx~mem as of the (J:.~tc anti y~..~ru· first abovt~ \">Titten.

SABlKA, TNC.:

CONSULTA:-.JT:

'~--4-

Rt:vi~~.cl Fcbruacy 2009

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EXHIBIT 2

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Case 2:13-cv-00091-TFM Document 1-3 Filed 01/16/13 Page 2 of 2

COPYRIGHT REGISTRATIONS (SABIKA)

Article # Description W058-CAP Bright Spots Manhattan Bracelet W1177-GL Glamazon Manhattan Bracelet W259-DB Chic Stir London Choker W440-DB Chic Stir London Bracelet W503 Modernism Lariat W504 Innocent Art Deco Choker W507 Latest Luxe Fancy Necklace W522 Glamazon Necklace W523 Haute Knockout Necklace W527 Modernism Bow Necklace W529 Perennials Leaf Necklace

4 VA 1-839-282 · •.\~~/;!)1/;!01:! - c'~ __ :, 2 VA 1-836-976 j(24i~Q1~ ~

W532 Modernism Ring R vA 1-839-235 ::,,,,9/t'4/2o1.~1~ W533 Beautifully Simple Chandelier Earrings 9 VA 1-837-351 ~: ;;;${24/~012 ]:;

W840-BSP Bright Spots Manhattan Choker 16 VA 1-839-281 . $/~eizo12l~b~~ W840-GL Glamazon Manhattan Choker 6 VA 1-839-252 ,,·., '~1?~/~riHi l~)·c . WV506 Vintage Chic Stir Choker 5 VA 1-839-284 _-_,·_·•_·-_-_-_·-_9,_2-·4.·/_-__ 2._o ___ 1_·---_2_·1:'::·· ;,~ WV511 Vintage In Love Heart Choker 1 VA 1-836-977 ~S'\W2A/~012 >''f; WV516 Vintage Bright Spots Cluster Studs 16 VA 1-839-216 ;_,; s/26i~d121Lt::'i~ --"" WV525 Vintage Remarkable Heart Necklace 13 VA 1-837-311 \;':;ij/~~[291'21 :'A~.!c) ;~~t;_:;:j WV840-SUP Vintage Supernatural Manhattan Choker 11 VA 1-837-314 •· •· '9/~4.i?o121 :e } ~1T~"H;;:~; CF617/01 0 Opening day beaded Choker- antique brass 1 VA 1-839-228 ' '91,?~T~o12 ,;_;~_,r::;~J~" ;\ CF3460-CR Opening day Crystal Cross pendant- antique bras 1 VA 1-839-232 i:t:;s/~i>i?912 :1!Ztif_ CF1567-MG Opening day 8-row Choker- antique brass 1 VA 1-837-214 ••·-_-- '•'9t2oi2il12 CM1391-CK Wine and dine daisy pendant- rhodium 2 VA 1-837-200 ~i2iii?iii? :'.: ~~~~~----------~~--~~~~~~--~~~----------r-----~-------;~~~~~ CM862-CK Wine and dine fun Choker- rhodium 2 vA 1-836-897 '$12of2'oj2 ;;r

CF091-MU Ladies' lunch heart pendant- antique brass 3 VA 1-837-180 > >,9itw2o12 CM2097-UP Ladies' lunch Manhattan Choker- antique brass 3 VA 1-836-902 >'.· s/2<,i/zo1 CF069-MT Casual Friday rose necklace- antique silver 6 VA 1-837-315 •-/.~iiol2o1 CF038-BD Closing night Cross pendant- antique silver 8 vA 1-837-181 ,~· :,~/~6/z()i~l:f~ 1 ~~':H~?;~t~'lf

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EXHIBIT 3

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Case 2:13-cv-00091-TFM Document 1-4 Filed 01/16/13 Page 2 of 2

Certificate of Registration

Title

This Certificate issued under the seal of the Copyright Office in accordance with title 17, United States Code, attests that registration has been made for the work identified below. The information on this certificate has been made a part of the Copyright Office records.

Register of Copyrights, United States of America

Title of Wo1·k: Wine and Dine Fun Choker CM862CK

Completion/ Publication Year of Completion: 2010

Registration Number

VA 1-836-897 Effective date of

registmtion:

September 20, 2012

Date of 1st Publication: May 1, 2010 Nation of 1st Publication: United States

Author Ill Author: Sabika, h1c.

Author Created: jewelry design

Work made for hire: Yes

Citizen of: United States Domiciled in: United States

Copyright claimant Copyright Claimant: Sabika, h1c.

6450 Steubenville Pike, Pittsburgh, PA, 15205, United States

Rights and Permissions Organization Name: Sabika, h1c.

Name: Jennifer Schlieper

Email: [email protected]

Address: 6450 Steubenville Pike

Telephone: 412-580-7440

Certification

Pittsburgh, PA 15205

Name: Jennifer Schlieper

Date: September 20, 2012

Page 1 of 1

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EXHIBIT4

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itt ~tate~ of mert mnit.eb ~tat.e.S ~at.ent anb 'QI;rabemath ®ffice t{f

Reg. No. 4,189,055 SABIKA, INC. (PENNSYLVANIA CORPORATION) 510 MIRANDA A VENUE

Registered Aug. 14,2012 PITTSBURGlLPA 15241

Int. Cl.: 35

SERVICE MARK

PRINCIPAL REGISTER

D!redot ot'the UnitcJ StiJIC.!. l';tt.:nt and l'ti!Jcm:uk Ollke

FOR: RETAIL SERVICES BY DIRECT SOLICITATION BY SALES AGENTS IN THE FIELD OF JEWELRY, IN CLASS 35 (U.S. CLS. 100, 101 AND 102).

FIRST USE 9-23-2009; IN COMMERCE 9-23-2009.

OWNER OF U.S. REG. NO. 3,731,881.

NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "AUSTRIAN CRYSTAL JEW­ELRY",APARTFROMTHEMARKAS SHOWN.

THE MARK CONSISTS OF THE TEXT "AUSTRIAN CRYSTAL JEWELRY" ABOVE AND OFFSET LEFT OF THE TERM "SABIKA" WITH A HEART IMAGE ENCLOSING THE LAST THREE LETTERS.

SER. NO. 85-343,406, FILED 6-10-2011.

WILLIAM P. SHANAHAN, EXAMINING ATTORNEY

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REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION

WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.

Requirements in the Fii·st Ten Years* What and When to File:

First Filing Deadline: You must file aDeclarationofUse (or Excusable Nonuse) between the 5th and 6th years after the registration date. See 15 U.S. C. §§ 1058, 1141k. If the declaration is accepted, the registration will continue in force for the remainder of the len-year period, calculated from the registration date, unless cancelled by an order of the Conunissioner for Trademarks or a fede ra1 co uri.

Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between the 9th and lOth years after the registration date.* See 15 U.S.C. §1059.

Requirements in Successive Ten-Year Pc1iods* What and When to File:

You must file a Declaration of Use (or Excusable Nonuse) and anApplicationfor Renewal between every 9th and lOth-year period, calculated from the registration date.*

Grace Period Filings*

The above documents will be accepted as timely if filed within six months after the deadlines listed above with the payment of an additional fee.

The United States Patent and Trademark Office (USPTO) will NOT send you any future notice or I'emindeJ' of these filing requh·ements.

*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an ell.iension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use (or Excusable Nonuse) referenced above directly with the USPTO. The time periods for filing are based on Ute U.S. registration date (not the intemational registration date). The deadlines and grace periods for Ute Declarations of Use (or Excusable Nonuse) are identical to those for nationally issued registrations. See 15 U. S.C. §§ 1058, 114lk. Howeve1; owners ofintemational registrations do not file renewal applications at the USPTO. Instead, Ute holder must file a renewal of the underlying intemational registration at UIC lntemational Bureau of the World Intellectual Property Organization, under Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the date of the international registration. See 15 U .S.C. § 114lj. For more infonnation and renewal fonns for the intemational registration, see http://www.wipo.int/madrid/en/.

NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the USPTO website for further information. With the exce!ltion of renewal a!l!llications fo1· registered extensions of !lrotection, you can file the registration maintenance documents referenced above online at http://www.uspto.gov.

Page: 2 I RN # 4,189,055

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\\\tt ~tate~ of mert Wniteb ~tate.ti tlatent anb \Jttabemarh ®ffice Cq-

Reg. No. 4,087,637

I SABIKA, INC. (PENNSYLVANIA CORPORATION) 510 MIRANDA AVENUE

Registered Jan. 17, 2012 PITTSBURGH, PA 1524I

Int. Cl.: 35

SERVICE MARK

PRINCIPAL REGISTER

Director of the United States PJtent and Trademark Office

FOR: RETAIL SERVICES BY DIRECT SOLICITATION BY SALES AGENTS IN Tim FIELD OF JEWELRY, IN CLASS 35 (U.S. CLS. 100, IOI AND 102).

FIRST USE 9-23-2009; IN COMMERCE 9-23-2009.

THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR­TICULAR FONT, STYLE, SIZE, OR COLOR.

OWNER OF U.S. REG. NO. 3,731,881.

SER. NO. 85-343,359, FILED 6-10-20 II.

WILLIAM P. SHANAHAN, EXAMINING ATTORNEY

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REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION

WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE DOCUMENTS BELOW DURING THE SPECIFillD TIME PERIODS.

Requirements in the First Ten Years* What and When to File:

First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the registration will continue in force for the remainder ofthe ten-year period, calculated from the registration dale, unless cancelled by an order of the Commissioner for Trademarks or a federal comt.

Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between the 9th and lOth years after the registration date.* See 15 U.S.C. §1059.

Requirements in Successive Ten-Year Periods* What and When to File:

You must file a Declaration ofUse (or Excusable Nonuse) and an Application for Renewal between every 9th and 1Oth-year period, calculated from the registration date.*

Grace Pel'iod Filings*

The above documents will be accepted as timely if filed within six months after the deadlines listed above with the payment of an additional fee.

The United States Patent and Trademark Office (USPTO) will NOT send you any future notice or reminder of these filing requirements.

*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use (or Excusable Nonuse) referenced above directly with the USPTO. The time periods for filing are based on the U.S. registration date (not the international registration date). The deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for nationally issued registrations. See 15 U .S.C. §§ 1058, 1141k. However, owners of intemational registrations do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying intemational registration at the lntemational Bureau of the World Intellectual Property Organization, under Atticle 7 of the Madrid Protocol, before the expiration of each ten-year tenn of protection, calculated from the date of the intemational registration. See 15 U .S.C. § 1141j. For more information and renewal forms for the international registration, see http://www.wipo.int/madridlen/.

NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the USPTO website for furthet· information. With the exception of renewal applications for registered extensions of protection, you can file the registration maintenance documents referenced above online at http://www.uspto.gov.

Page: 2 I RN # 4,087,637

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SABIKA IS THE PROJVliSE OF A SMILE, THE BEGJNNING OF A

STORY AND THE END OF GOING UNNOTICED.

Reg. No. 4,087,021 sABIKA, INc. (PENNSYLVANIA coRPoRATION) 510 MIRANDA AVENUE

Registered Jan. 17, 2012 PITTSBURGH, PA 15241

Int. Cl.: 35

SERVICE MARK

PRINCIPAL REGISTER

Director of the United States PJtent and Trndemurk Office

FOR: RETAIL SERVICES BY DIRECT SOLICITATION BY SALES AGENTS IN THE FIELD OF JEWELRY, IN CLASS 35 (U.S. CLS. 100, 101 AND 102).

FIRST USE 5-31-2010; IN CO!v!MERCE 5-31-2010.

THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR­TICULAR FONT, STYLE, SIZE, OR COLOR.

OWNER OF U.S. REG. NO. 3,731,881.

SER. NO. 85-321,647, FILED 5-16-2011.

WILLIAM P. SHANAHAN, EXAMINING ATTORNEY

Page 34: Sabika v. Manfeld Complaint

Case 2:13-cv-00091-TFM Document 1-5 Filed 01/16/13 Page 7 of 11

REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION

WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.

Requirements in the First Ten Years* What and When to File:

First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the registration will continue in force for the remainder of the ten-year period, calculated from the registration date, unless cancelled by an order of the Commissioner for Trademarks or a federal comt.

Second Filing Deadline: You must file a Declaration of Usc (or Excusable Nonuse) and an Application for Renewal between the 9th and lOth years after the registration date.* See 15 U.S.C. §1059.

Requirements in Successive Ten-Year Periods* What and When to File:

You must file a Declaration ofUse (or Excusable Nonuse) and an Application for Renewal between every 9th and I Oth-year period, calculated from the registration date.*

Grace Period Filings*

The above documents will be accepted as timely if filed within six months after the deadlines listed above with the payment of m1 additional fee.

The United States Patent and Trademark Office (USPTO) will NOT send you any future notice or reminder of these filing requirements.

*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an extension of protection to the United States under the Madrid Protocol must timely file the Declm·ations of Use (or Excusable Nonuse) referenced above directly with the USPTO. The time periods for filing are based on the U.S. registration date (not the international registration date). The deadlines m1d grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for nationally issued registrations. See 15 U .S.C. §§ 1058, 114lk. However, owners of international registrations do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying intemational registration at the Intemational Bureau of the World Intellectual Properly Orgm1ization, under Article 7 of the Madrid Protocol, before the expiration of each ten-ycm· tenn of protection, calculated from the dale of the intemational registration. See 15 U.S.C. § 1141j. For more information and renewal forms for the international registration, sec hllp://www.wipo.int/madridlen/.

NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the USPTO website for further information. With the exception of renewal applications for registered extensions of pmtection, you can file the registration maintenance documents referenced above online at hllp://www.uspto.gov.

Page: 2 I RN # 4,087,021

Page 35: Sabika v. Manfeld Complaint

Case 2:13-cv-00091-TFM Document 1-5 Filed 01/16/13 Page 8 of 11

l\\ttb ~tate~ of ntert mntteb ~tate~ !latent anb 'Orrabemark ®ffice

Reg. No. 4,077,226 SABIKA, INC. (PENNSYLVANIA CORPORATION) 510MIRANDAAVENUE

Registered Dec. 27,2011 PITTSBURGH,PA 15241

Int. Cis.: 14, 18, 25 and FOR: JEWELRY, IN CLAss 14(U.s. cLs. 2,27,28ANDSO).

35

TRADEMARK

SERVICE MARK

PRINCIPAL REGISTER

Dlrcclm ofthl! United St:.~lc!.l'itt\!ut and fmJ..:m;uk Olllc<.!

FIRST USE 8-27-2009; IN CO:NIMERCE 8-27-2009.

FOR: TOTE BAGS, IN CLASS 18 (U.S. CLS. 1, 2, 3, 22AND41).

FIRST USE 3-2-2011; IN CO:NIMERCE 3-2-2011.

FOR: APRONS; I-SHIRTS, IN CLASS 25 (U.S. CLS. 22 AND 39).

FIRST USE 6-8-2009; IN CO:NIMERCE 6-8-2009.

FOR: RETAIL SERVICES BY DIRECT SOLICITATION BY SALES AGENTS IN THE FillLD OF JEWELRY, IN CLASS 35 (U.S. CLS. 100, 101 AND 102).

FIRST USE 9-23-2009; IN CO:NIMERCE 9-23-2009.

Tim MARK CONSISTS OF A FANCIFUL HEART.

SER. NO. 85-343,470, FILED 6-10-2011.

WILLIAM P. SHANAHAN, EXAMINING ATTORNEY

Page 36: Sabika v. Manfeld Complaint

Case 2:13-cv-00091-TFM Document 1-5 Filed 01/16/13 Page 9 of 11

REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION

WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.

Requirements in the Fit·st Ten Yeat·s* What and When to File:

First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th years after the registration date. See 15 U.S. C. §§1058, 1141k. If the declaration is accepted, the registration will continue in force for the remainder of the ten-year period, calculated from the registration date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.

Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between the 9th and lOth years after the registration date.* See 15 U.S. C. §1059.

Requirements in Successive Ten-Year Petiods* What and When to File:

You must file aDeclarationofUse (or Excusable Nonuse) and anApplicationforRenewal between every 9th and lOUt-year period, calculated from Ute registration date.*

Grace Period Filings*

The above documents will be accepted as timely if filed wiUtin sLx months after Ute deadlines listed above with the payment of an additional fee.

The United States Patent and Trademark Office (USPTO) will NOT send you any future notice or reminder of these filing t'C![ttirements.

*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an e:~.iension of protection to the Urtited States under the Madrid Protocol must timely file tl1e Declarations of Use (or Excusable Nonuse) referenced above directly with the USPTO. The time petiods for filing are based on the U.S. registration date (not the intemational registration date). The deadlines and grace periods for Ute Declarations of Use (or Excusable Nonuse) are identical to those for tm!ionally issued registrations. See 15 U.S. C. §§ 1058, 1141k. Howevet~ owners of intenmtimml registrations do not file renewal applications at the USPTO. Instead, tl1e holder must file a renewal of the underlying intemalional registration at tl1e Intemational Bureau of the World Intellectual Property Orgmlization, under Article 7 of the Madrid Protocol, before tlte expiration of each ten-year term of protection, calculated from the date of tl1e international registration. See 15 U.S.C. §ll4lj. For more infonnationand renewal forms for the intemational registration, see http://www.wipo.int/madridlen/.

NOTE: Fees and requit·ements fm·maintaining registmtions are subject to change. Please check the USPTO website for further information. With the exception of renewal all[!lications fot· registered extensions of [ll'Otection, you can file the registration maintenance documents referenced above online at http://www.uspto.gov.

Page: 2 I RN # 4,077,226

Page 37: Sabika v. Manfeld Complaint

Case 2:13-cv-00091-TFM Document 1-5 Filed 01/16/13 Page 10 of 11

\\\t£ ~tates of flfmert 'mlniteb ~tate£' ,Jlatent anb 'Otrabemarh ®ffice

Reg. No. 3,731,881

I I MAYR, KARIN (UNITED STATES INDIVIDUAL) 510 MIRANDA DRIVE

Registered Dec. 29,2009 PITTSBURGH, PA 1s241

Amended Oct. 25, 2011

Int. CI.: 14

TRADEMARK

PRINCIPAL REGISTER

Dir~~:tor of the United State;, Patent and Tnulemark Office

FOR: [ PRECIOUS METALS AND THEIR ALLOYS; ] JEWELRY; [ PRECIOUS STONES; HOROLOGICAL AND CHRONOMETIC INSTRUMENTS; AMULETS;] PINS; BRACELETS; [WATCH STRAPS; WRIST WATCHES; JEWELRY OF AMBER; BROOCHES; THREADS OF PRECIOUS METAL; UNWROUGHT OR SEMI-WROUGHT PRECIOUS METALS; ALLOYS OF PRECIOUS METAL; UNWROUGHT OR BEATEN GOLD; GOLD THREADS; JEWELRY MADE OF ORMOLU; SEMI-PRECIOUS STONES; ] NECKLACES; [HAT ORNAMENTS OF PRECIOUS METAL; JEWELRY CHAINS; WATCH CHAINS; CUFF-LINKS; MEDALLIONS; TIE CLIPS; TIE PINS; ORNAMENTAL PINS; ORNAMENTS OF PRECIOUS METALS; ] EARRINGS; [ PEARLS; l RINGS; [ KEY RINGS OF PRECIOUS METAL; WATCH FOBS; BUCKLES FOR WATCH STRAPS; UNWROUGHT OR CHASED SILVER; SILVER THREADS; SILVER ORNAMENTS; PASTE JEWELRY; JEWELRY TRINKETS], IN CLASS I4 (U.S. CLS. 2, 27, 28 AND 50).

FIRST USE 8-0-2000; IN COMMERCE 8-0-2000.

TI-lE MARK CONSISTS OF S1i\NDARD CHARACTERS WITHOUT CLAIM TO ANY PAR­TICULAR FONT, STYLE, SIZE, OR COLOR.

SER. NO. 77-261,515, FILED 8-22-2007.

Page 38: Sabika v. Manfeld Complaint

Case 2:13-cv-00091-TFM Document 1-5 Filed 01/16/13 Page 11 of 11

REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADElVIARK REGISTRATION

WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE DOCUMENTS BELOW DURING THE SPECIFIED Tll\'IE PERIODS.

Requirements in the First Ten Years* What and When to File:

First Filing Demlline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th years after the registration date. See 15 U.S.C. §§1058, 114lk. If the declaration is accepted, the registration will continue in force for the remainder of the ten-year period, calculated from the registration date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.

Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between the 9th and lOth years after the registration date.* See 15 U.S.C. §1059.

Requirements in Successive Ten-Year Periods* What and When to File:

You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between every 9th and lOth-year period, calculated from the registration date.*

Grace Pel'iod Filings*

The above documents will be accepted as timely if filed within six months after the deadlines listed above with the payment of fill additional fee.

The United States Patent and Trademark Office (USPTO) will NOT send you any fitture notice or reminder of these filing requirements.

*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use (or Excusable Nonuse) referenced above directly with the USPTO. The time periods for filing are based on the U.S. registration date (not the international registration date). The deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for nationally issued registrations. See 15 U .S.C. §§ 1058, 1141k. However, owners of international registrations do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying intemational registration at the International Bureau of the World Intellectual Property Organization, under Article 7 of the Madrid Protocol, before the expiration of each ten-year tenn of protection, calculated from the date of the international registration. See 15 U.S.C. §114lj. For more information and renewal forms for the international registration, sec http://www.wipo.int/madrid/en/.

NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the USPTO website for fit rther information. With the exception of renewal applications for registered extensions of protection, you can file the registration maintenance documents referenced above online at http://www.uspto.gov.

Page: 2/ RN # 3,731,881

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Case 2:13-cv-00091-TFM Document 1-6 Filed 01/16/13 Page 1 of 2

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

UNITED STATES DISTRICT COURT for the

Western District of Pennsylvania

SABIKA, INC. ) ) ) ) ) ) ) ) ) ) ) )

Plainti.ff(s)

v. Civil Action No.

ANITA KELLY MANFRED, trading and doing business as BUNG by Anita

Defendant(s)

To: (Defendant's name and address)

SUMMONS IN A CIVIL ACTION

Anita Kelly Manfred, trading and doing business as BUNG by Anita 1331 Cedar Boulevard Pittsburgh, PA 15228-1013

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: Maxim Waldbaum, Esq. or Charles B. Gibbons, Esq.

Robert D. Katz, Esq. Michael L. Dever, Esq. Eaton & Van Winkle Christopher A. Amar, Esq. 3 Park Avenue, 16th Floor Buchanan Ingersoll & Rooney PC New York, NY 10016 One Oxford Centre, 301 Grant Steet, 20th Floor

Pittsburgh, PA 15219

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: 01/16/2013 Signature of Clerk or Deputy Clerk

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Case 2:13-cv-00091-TFM Document 1-6 Filed 01/16/13 Page 2 of 2

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 tlte court unless required by Fed. R. Civ. P. 4 (/))

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

was received by me on (date)

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

on (date) ------------------------------------------------ ------------------

0 I left the summons at the individual's residence or usual place of abode with (name)

; or

, a person of suitable age and discretion who resides there, ---------------------------------on (date) , and mailed a copy to the individual's last known address; or

---------------

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

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

on (date) ------------------------------------------------

0 I returned the summons unexecuted because

; or

--------------------------------------------

0 Other (spec(/jl):

My fees are$ for travel and $ for services, for a total of$ 0.00 -----------

I declare under penalty ofpetjury that this information is true.

Date: Server's signature

Printed name and title

Server's address

Additional information regarding attempted service, etc:

; or