Stephen M. Medow (SM032342009)
Bingham McCutchen LLP
399 Park Avenue
New York, NY 10022
Tel. 212-705-7000
stephen.medow@bingham.com
Joshua M. Dalton (
pro hac
vice
motion forthcoming)
Bingham McCutchen LLP
One Federal Street
Boston, MA 02110
Tel. 617-951-8000
joshua.dalton@bingham.com
Attorneys for Plaintiff BLK DNM Group, LLC
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
BLK DNM GROUP, LLC,
Plaintiff,
-v-
SWEETYET DEVELOPMENT LIMITED
CORPORATION,
Defendant.
CIVIL ACTION NO.
COMPLAINT FOR DECLARATORY JUDGMENT
Plaintiff BLK DNM Group, LLC (“BLK DNM Group”) complains and alleges as follows:
NATURE OF THE ACTION
1.
This is an action at law and in equity for a declaratory judgment that BLK DNM
Group has not, and is not, infringing defendant Sweetyet Development Limited Corporation’s
(“Sweetyet”) DENIM-related trademarks and logos because there is no likelihood of confusion
between (i) BLK DNM Group’s BLK DNM-related marks and logos, as used in connection with
perfume and cosmetics and (ii) Sweetyet’s DENIM-related marks and logos.
PARTIES
2.
Plaintiff BLK DNM Group, LLC is a Delaware limited liability company with a
prin cipal pl ace o f b usines s at 237 Lafayette St., New York , New Yo rk 1 0012.
3.
Defendant Sweetyet Development Limited Corporation is a corporation organized
under the laws of Hong Kong with its principal place of business at Unit 1704-1706 Harbour
Centre, 25 Harbour Road, Wanchai, Hong Kong, China.
JURISDICTION AND VENUE
4.
This is a civil action for a declaratory judgment arising under the Lanham Act, as
amended, 15 U.S.C. §§ 1051 et seq. (the “Lanham Act”) on the basis that BLK DNM Group has
not infringed, and is not, infringing Sweetyet’s DENIM-related marks and logos.
5.
This court has subject matter jurisdiction of this action pursuant to 28 U.S.C.
§§ 1331 and 1338 and the principles of supplemental jurisdiction.
6.
This court has personal jurisdiction over Sweetyet in that it and/or its alter egos
and/or its agents are doing business in and may be found in the State of New Jersey and this
district, and it is committing the acts hereinafter alleged in the State of New Jersey and this
district. For example, upon information and belief, Sweetyet uses Ocean Discount, LLC, an
import-export company located in Hackensack, New Jersey, to distribute its DENIM perfumes
and colognes in the United States
7.
Venue for this action is proper in the District of New Jersey pursuant to 28 U.S.C.
§ 1391(b).
BACKGROUND FACTS
A.
The Business of BLK DNM Group
8.
BLK DNM Group owns and operates a clothing retail store called “BLK DNM.”
9.
Launched in February 2011, BLK DNM is a creative project by Johan Lindeberg.
Mr. Lindeberg was a creative force at Diesel during the early 1990s. He founded J. Lindeberg in
1996 and acted as Creative Director until 2007. Prior to launching BLK DNM, he supported
Justin Timberlake on the development of the William Rast clothing line.
10.
The BLK DNM flagship store is located at 237 Lafayette Street in New York
City. BLK DNM also operates a retail store in Stockholm, Sweden, as well as its e-Commerce
website.
B.
The BLK DNM Marks
11.
Continuously since the founding of BLK DNM Group in 2011, BLK DNM Group
has adopted and used the trademark “BLK DNM ” in connection with its retail store, including
its perfume products. As a result, the mark has become extremely well-known and BLK DNM
Group has established extensive goodwill in the mark.
12.
In addition to BLK DNM Group’s long-standing use of the mark BLK DNM,
BLK DNM Group is also the owner of the following United States trademark registrations and
applications for BLK DNM and
BLK DNM
:
Mark Serial No./ Reg. No.
Filing Date/ Reg. Date
Goods/Services (First Use Date) BLK DNM 85/298750 4,165,662 Filing Date: 4/19/2011 Reg. Date: 6/26/2012
Class 9: cases for eyeglasses and sunglasses; eyewear; frames for spectacles and sunglasses; lenses for sunglasses;
BLK DNM 85/376441 4,293,570 Filing Date: 7/20/2011 Reg. Date: 2/19/2013
Class 35: retail store and on-line retail store services featuring clothing, eyewear, cosmetics, and accessories, namely, clothing accessories, eyewear accessories, and cosmetic accessories (2/16/11)
BLK DNM
85/298613 Filing Date: 4/19/2011
Class 3: bath beads; bath cream; bath crystals; bath fizzies; bath flakes; bath foam; bath gel; bath lotion; bath milks; bath oil; bath pearls; bath powder; bath salts; bath soaps; body sprays; bubble bath; cologne; eau de perfume; eau de toilette and eau de cologne; fragrances; hair care preparations; hair conditioners; hair dressings for men; hair dressings for women; hair dye; hair gel and hair mousse; hair lotion; hair oils; hair shampoo; hair spray; hair styling gel; lotions for face and body care; make up removing preparations; make-up; make-up remover; nail grooming products, namely, tips, glue, lacquer and glitter; nail polish; perfumes; skin cream
BLK DNM
85/376481 Filing Date: 7/20/11
Class 18: clutch bags; coin purses; cosmetic bags sold empty; handbags; hobo bags; key cases; leather and imitation leather bags; leather key chains; luggage and trunks; purses; shoulder bags; tote bags; travel bags; wallets
BLK DNM
85/696032 Filing Date: 8/6/12
Class 25: clothing, namely, bottoms, capes, coats, dresses, jackets, pants, scarves, hats, shirts, skirts, slacks, sweaters, sweatshirts, t-shirts, tank tops, tops, trousers (2/28/11)
13.
BLK DNM Group is also the owner of the following foreign trademark
registrations and applications for BLK DNM and
BLK DNM
:
Mark Serial No./ Reg. No. Filing Date/ Reg. Date Goods/Services BLK DNM 1566844 Australia Filing Date: 7/4/2013
Class: 3 Soaps; perfumery; essential oils; cosmetics; bath beads; bath cream; bath crystals; bath fizzies; bath flakes; bath foam; bath gel; bath lotion; bath milks; bath oil; bath pearls; bath powder; bath salts; bath soaps; body sprays; bubble bath; cologne; eau de perfume; eau de toilette and eau de cologne; fragrances; hair care preparations; hair
conditioners; hair dressings for men; hair dressings for women; hair dye; hair gel and hair mousse; hair lotion; hair oils; hair shampoo; hair spray; hair styling gel; lotions for face and body care; make up removing preparations; make-up; make-up remover; nail grooming products, including tips, glue, lacquer and glitter; nail polish; perfumes; skin cream. Class: 9 Cases for eyeglasses and sunglasses; eyewear; frames for spectacles and sunglasses; lenses for sunglasses; sunglasses and spectacles.
Class: 18 Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; clutch bags; coin purses; cosmetic bags sold empty; handbags; hobo bags; key cases; leather and imitation leather bags; leather key chains; luggage and trunks; purses; shoulder bags; tote bags; travel bags; wallets
Class: 35 Retail services; retail store and on-line retail store services and mail order services; retail store and on-line retail store
services featuring clothing, footwear, headgear, eyewear, sunglasses, cosmetics and fragrances, leather goods, and accessories, including clothing accessories, eyewear accessories, and cosmetic accessories.
BLK DNM 1566842 Australia Filing Date: 7/4/2013
Class: 3 Soaps; perfumery; essential oils; cosmetics; bath beads; bath cream; bath crystals; bath fizzies; bath flakes; bath foam; bath gel; bath lotion; bath milks; bath oil; bath pearls; bath powder; bath salts; bath soaps; body sprays; bubble bath; cologne; eau de perfume; eau de toilette and eau de cologne; fragrances; hair care preparations; hair
conditioners; hair dressings for men; hair dressings for women; hair dye; hair gel and hair mousse; hair lotion; hair oils; hair shampoo; hair spray; hair styling gel; lotions for face and body care; make up removing preparations; make-up; make-up remover; nail grooming products, including tips, glue, lacquer and glitter; nail polish; perfumes; skin cream
Class: 9 Cases for eyeglasses and sunglasses; eyewear; frames for spectacles and sunglasses; lenses for sunglasses; sunglasses and spectacles
Class: 18 Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; clutch bags; coin purses; cosmetic bags sold empty; handbags; hobo bags; key cases; leather and imitation leather bags; leather key chains; luggage and trunks; purses; shoulder bags; tote bags; travel bags; wallets
Class: 35 Retail services; retail store and on-line retail store services and mail order services; retail store and on-line retail store services featuring clothing, footwear, headgear,
eyewear, sunglasses, cosmetics and fragrances, leather goods, and accessories, including clothing accessories, eyewear accessories, and cosmetic accessories
BLK DNM 1565113 1565113 Australia Reg. Date: 10/10/2014
Class: 25 Clothing, footwear, headgear for wear; clothing, including bottoms, capes, coats, dresses, jackets, pants, scarves, hats, shirts, skirts, slacks, sweaters, sweatshirts, t-shirts, tank tops, tops, trousers
BLK DNM 1565122 1565122 Australia Reg. Date: 10/10/2014
Class: 25 Clothing, footwear, headgear for wear; clothing, including bottoms, capes, coats, dresses, jackets, pants, scarves, hats, shirts, skirts, slacks, sweaters, sweatshirts, t-shirts, tank tops, tops, trousers
BLK DNM 010166957 010166957 European Union Reg. Date: 6/3/2012
Soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices; bath beads; bath cream; bath crystals; bath fizzies; bath flakes; bath foam; bath gel; bath lotion; bath milks; bath oils; bath pearls; bath powder; bath salts; bath soaps; body cream; body lotion; body oils; body scrubs; body sprays; beauty soaps; bubble bath; hand soaps; cologne; perfumery; eau de perfume; eau de toilette and eau de cologne; fragrances; hair care preparations; hair conditioners; hair dressings for men; hair dressings for women; hair dye; hair gel and hair mousse; hair lotion; hair oils; hair shampoo; hair spray; hair styling gel; lotions for face and body care; make up removing preparations; make-up; make-up remover; concealers; lip gloss and balm; lipstick; nail grooming products, namely, tips, glue, lacquer and glitter; nail polish; perfumes; skin cream, in class 3.
Eyewear; eyeglasses; sunglasses; glasses; spectacles; goggles; protective eyewear, goggles and masks; pince-nez; supports, frames, chains, cords and cases for the
aforementioned goods; corrective and contact lenses; containers for corrective and contact lenses; lenses for sunglasses; magnifying glasses; binoculars; optical apparatus and instruments; headphones, earphones and earbuds; cases adapted for portable electronic devices, laptop and tablet computers, e-readers, radio pagers, electronic equipment, cell phones, mobile phones, MP3 players, cameras, headphones, earphones, earbuds, in class 9,
Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments; bracelets; brooches; charms; earrings;
jewellery; jewellery boxes; jewellery chains; necklaces; pins being jewellery; rings; watch bands; watch chains; watches; parts and fittings for the aforesaid goods, in class 14,
Paper, cardboard and goods made from these materials, not included in other classes; printed matter; book binding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes;
typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks; printed publications, books, gazettes, magazines, newspapers, posters, calendars, postcards , in class 16,
Leather and imitations of leather, and goods made of these materials and not included in other classes; bags; backpacks, rucksacks, book bags, sports bags, bum bags, handbags, carry-alls, messenger bags, duffel bags, garment carriers; wallets; purses; suitcases; trunks and travelling bags; clutch bags; coin purses; cosmetic bags sold empty; hobo bags; key cases; leather and imitation leather bags; leather key chains; purses; shoulder bags; tote bags; travel bags; wallets; umbrellas, parasols, walking sticks; sticks; animal skins, hides; whips, harness and saddlery, in class 18,
Retail store, on-line retail store, and wholesale and distribution services featuring capes, scarves, ties, in class 35.
Tailoring and dressmaking services; needlework; clothing alteration and fitting services; assembling of materials for others; custom manufacture of goods; provision of
information, advisory and consultancy services in relation to the aforementioned services , in class 40.
BLK DNM 011683802 011683802 European Union Reg. Date: 9/26/2013
Perfumery, essential oils, cosmetics, hair lotions; dentifrices; body cream; body lotion; body oils; body scrubs; body sprays; cologne; perfumery; eau de perfume; eau de toilette and eau de cologne; fragrances; hair care preparations; hair conditioners; hair dressings for men; hair dressings for women; hair dye; hair gel and hair mousse; hair lotion; hair oils; hair shampoo; hair spray; hair styling gel; lotions for face and body care; make up removing preparations; make-up; make-up remover; concealers; lip gloss and balm; lipstick; nail grooming products, namely, tips, glue, lacquer and glitter; nail polish; perfumes; skin cream, in class 3.
Eyewear; eyeglasses; sunglasses; glasses; spectacles; goggles; protective eyewear, goggles and masks; pince-nez; supports, frames, chains, cords and cases for the
aforementioned goods; corrective and contact lenses; containers for corrective and contact lenses; lenses for sunglasses; magnifying glasses; binoculars; optical apparatus and instruments; headphones, earphones and
earbuds; cases adapted for portable electronic devices, laptop and tablet computers, e-readers, radio pagers, electronic equipment, cell phones, mobile phones, MP3 players, cameras, headphones, earphones, earbuds, in class 9,
Leather and imitations of leather, and goods made of these materials and not included in other classes; bags; backpacks, rucksacks, book bags, sports bags, bum bags, handbags, carry-alls, messenger bags, duffel bags, garment carriers; wallets; purses; suitcases; trunks and travelling bags; clutch bags; coin purses; cosmetic bags sold empty; hobo bags; key cases; leather and imitation leather bags; leather key chains; purses; shoulder bags; tote bags; travel bags; wallets; umbrellas, parasols, walking sticks; sticks; animal skins, hides; whips, harness and saddlery, in class 18,
Clothing, footwear, headgear; bathrobes; belts; blouses; boots; bottoms; bras; briefs; caps; capes; capris; cardigans; coats; denims; dresses; footwear; gloves; hats; headwear; jackets; jeans; jeggings, namely, pants that are partially jeans and partially leggings; knit shirts; leggings; lingerie;
loungewear; mittens; panties; pants; sandals; scarves; shirts; shoes; shorts; skirts; slacks; sleepwear; slippers; socks and stockings; sweaters; sweatpants; sweatshirts; swimwear; t-shirts; tank tops; ties; tights; tops; trousers; underwear; vests, in class 25,
Retail store, on-line retail store, and wholesale and distribution services featuring soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, bath beads, bath cream, bath crystals, bath fizzies, bath flakes, bath foam, bath gel, bath lotion, bath milks, bath oils, bath pearls, bath powder, bath salts, bath soaps, body cream, body lotion, body oils, body scrubs, body sprays, beauty soaps, bubble bath, hand soaps, cologne, perfumery, eau de perfume, eau de toilette and eau de cologne, fragrances, hair care
preparations, hair conditioners, hair dressings for men, hair dressings for women, hair dye, hair gel and hair mousse, hair lotion, hair oils, hair shampoo, hair spray, hair styling gel, lotions for face and body care, make up removing
preparations, make-up, make-up remover, concealers, lip gloss and balm, lipstick, nail grooming products, namely, tips, glue, lacquer and glitter, nail polish, perfumes, skin cream, eyewear, eyeglasses, sunglasses, glasses, spectacles, goggles, protective eyewear, goggles and masks, pince-nez, supports, frames, chains, cords and cases for the
aforementioned goods, corrective and contact lenses, containers for corrective and contact lenses, lenses for sunglasses, magnifying glasses, binoculars, optical apparatus and instruments, headphones, earphones and earbuds, cases adapted for portable electronic devices, laptop and tablet computers, e-readers, radio pagers, electronic equipment, cell phones, mobile phones, MP3 players, cameras, headphones, earphones, earbuds, precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes, jewellery, precious stones,
horological and chronometric instruments, bracelets, brooches, charms, earrings, jewellery, jewellery boxes, jewellery chains, necklaces, pins being jewellery, rings, watch bands, watch chains, watches, parts and fittings for the aforesaid goods, paper, cardboard and goods made from these materials, not included in other classes, printed matter, book binding material, photographs, stationery, adhesives for stationery or household purposes, artists' materials, paint brushes, typewriters and office requisites (except furniture), instructional and teaching material (except apparatus), plastic materials for packaging (not included in other classes), printers' type, printing blocks, printed publications, books, gazettes, magazines, newspapers, posters, calendars, postcards, leather and imitations of leather, and goods made of these materials and not included in other classes, bags, backpacks, rucksacks, book bags, sports bags, bum bags, handbags, carry-alls, messenger bags, duffel bags, garment carriers, wallets, purses, suitcases, trunks and travelling bags, clutch bags, coin purses, cosmetic bags sold empty, hobo bags, key cases, leather and imitation leather bags, leather key chains, purses, shoulder bags, tote bags, travel bags, wallets, umbrellas, parasols, walking sticks, sticks, animal skins, hides, whips, harness and saddlery, clothing, footwear, headgear, bathrobes, belts, blouses, boots, bottoms, bras, briefs, caps, capes, capris, cardigans, coats, denims, dresses, footwear, gloves, hats, headwear, jackets, jeans, jeggings, namely, pants that are partially jeans and partially leggings, knit shirts, leggings, lingerie, loungewear, mittens, panties, pants, sandals, scarves, shirts, shoes, shorts, skirts, slacks, sleepwear, slippers, socks and stockings, sweaters, sweatpants, sweatshirts, swimwear, t-shirts, tank tops, ties, tights, tops, trousers, underwear, vests, in class 35.
Tailoring and dressmaking services; needlework; clothing alteration and fitting services; assembling of materials for others; custom manufacture of goods; provision of
the aforementioned services , in class 40. BLK DNM 51217/2012 630263 Switzerland Reg. Date: 6/4/2012
3: Soaps; perfumery, essential oils, body care products and beauty care, hair lotions; dentifrices; bath pearls; bath cream; bath crystals; bath fizzes; bath flakes; bath foam; bath gel; bath lotion; bath milk; bath oils; bath powder; bath salts; bath soaps; body creme; lotion to care of the body; body oils; peeling soap for the body; body sprays; beauty soaps; foam baths; hand soaps; eau cologne; Perfume shops;
eau de parfum; toilet-waters and colognes; fragrance
preparations; Hair care products; hair conditioner; hairstyling aids men's; hairstyling aids women's; hair colorants; hair gel and hair mousse; hair lotions; hair oils; hair shampoos; hair spray; hair styling gel; lotion for the face and care of the body; make-up remover; makeup; concealer; lipgloss and balms; lipsticks; nail grooming products, notably nail lace, adhesive, varnish and glitter; nail polish; perfumes; cosmetic creams.
9 optical wear; eyeglasses, sunglasses, eyeglass frames, eyeglass cases; sunglasses; glasses; spectacles; full visual goggles;
goggles, full visual goggles and masks; eye glasses being pince-nez; supports, frames, pendants, string and cases for the aforesaid goods; Correcting and contact lenses; reservoirs for correcting and contact lenses; Glasses for sunglasses; magnifying glasses; binoculars; optical apparatus and instruments; headphones, earphones and ear-plugs; bags for portable electronical implements, laptops and tablet
computers, e readers, radio pagers, electronic equipment, mobile phone devices, mobile phone devices, and MP3 players, cameras, headphones, headphones, earphones.
25 clothing, footwear, headgear; bath robes; belts; shirts; boots; bottoms; Brassieres; underpants; Caps; capes; capri pants; cardigans; suit coats; jeans dress; clothes; footwear; gloves; hats; Headgear; jackets; jeans; ~Jeggings~, notably pants, the part jeans and part leggings are; knit shirts; leggings; Ladies underwear; loungewear; mittens; panties; knickers; sandals; neck, head, shawls; shirts; shoes; shorts; skirts; leisure trousers; night
clothes; slippers; socks and socks; sweaters; sweatpants; sweatshirts; swim wear; t shirts; tank-tops; neckties; tights; top parts; trousers; underclothing; undershirts.
BLK DNM 201208615 268182 Norway Reg. Date: 11/8/2012
03 Bath balls; bath creams; bath crystals; sprinklers bath soap; bath chips; bath spray; bath gel; bath lotion; bath milk; bath oils; bath pearls; bath powder; bathsalts; bath soaps; body spray; foam bath soaps; cologne; eau they ~perfume~; eau they toilet and eau de cologne; good scented preparations (~fragrances~); hair care preparations; hair conditioners; hair care products for men; hair care products for women; hair colour products; gel and mousse for hair; hairlotions; oils for
hair; hair shampoo; hairspray; gel to haircare by hair; skin care preparations for face and body; make up removal preparations; paint; make up removing; nails care preparations, namely, ~tupper~, adhesive, paint and ice products; nail polish; perfumery; skin creams. 09 Cases for spectacles and sunglasses; spectacles by all kinds of (~eyewear~); frames for spectacles and sunglasses; lenses for sunglasses; sunglasses and spectacles.
25 Clothes, namely, pants, coats, coats, coats, shirts, jackets, trunks, scarves, hats, shirts, skirts, long pants (slacks), jump and cap sweater, college jumpers, t shirts, ~singletter~, top, trunks BLK DNM 302374597 AB Hong Kong Filing Date: 9/11/2012
Class 25: Clothes, namely, pants, coats, coats, coats, shirts, jackets, trunks, scarves, hats, shirts, skirts, long pants (slacks), jump and cap sweater, college jumpers, t shirts, ~singletter~, top, trunks
BLK DNM 302374597 AA Hong Kong Filing Date: 9/11/2012
Class 3: Bath beads; bath cream; bath crystals; bath fizzies; bath flakes; bath foam; bath gel; bath lotion; bath milks; bath oil; bath pearls; bath powder; bath salts; bath soaps; body sprays; bubble bath; cologne; eau de perfume; eau de toilette and eau de cologne; fragrances; hair care preparations; hair conditioners; hair dressings for men; hair dressings for women; hair dye; hair gel and hair mousse; hair lotion; hair oils; hair shampoo; hair spray; hair styling gel; lotions for face and body care; make up removing preparations; make-up; make-up remover; nail grooming products, namely, tips, glue, lacquer and glitter; nail polish; perfumes; skin cream
Class 9: Cases for eyeglasses and sunglasses; eyewear; frames for spectacles and sunglasses; lenses for sunglasses; sunglasses and spectacles
BLK DNM 2012-75334 5575969 Japan Filing Date: 9/18/2012 Reg. Date: 4/19/2013
Class 3: Bath crystals; bath foam; bath lotion; bath milks; bath oil; bath powder; bath salts; bath soaps; body sprays; bubble bath; cologne; eau de perfume; eau de toilette and eau de cologne; fragrances; hair conditioners; hair dressings for men; hair dressings for women; hair dye; hair gel and hair mousse; hair lotion; hair oils; hair shampoo; hair spray; hair styling gel; lotions for face and body care; make up removing preparations; make-up; make-up remover; tips, glue; nail polish; perfumes; skin cream; cosmetics; soaps.
Class 9: Cases for eyeglasses and sunglasses; eyewear; frames for spectacles and sunglasses; lenses for sunglasses; sunglasses and spectacles
Class 25: Clothing, bottoms, capes, coats, dresses, jackets, pants, scarves, hats, shirts, skirts, slacks, sweaters,
sweatshirts, t-shirts, tank tops, tops, trouser
DNM 0051847
South Korea
8/17/2012 bath flakes; bath foam; bath gel; bath lotion; bath milks; bath oil; bath pearls; bath powder; bath salts not for medical use; bath soaps; body sprays; bubble bath; cologne; eau de perfume; eau de toilette and eau de cologne; fragrances; hair care preparations; hair conditioners; hair dressings for men; hair dressings for women; hair dye; hair gel and hair mousse; hair lotion; hair oils; hair shampoo; hair spray; hair styling gel; lotions for face and body care; make up removing preparations; make-up; make-up remover; nail grooming products, namely, tips, glue, lacquer and glitter; nail polish; perfumes; skin cream
Class 9: cases for eyeglasses and sunglasses; eyewear; frames for spectacles and sunglasses; lenses for sunglasses; sunglasses and spectacles.
BLK DNM 1,590,285 Canada Filing Date: 8/15/2012
Clothing, namely, bottoms, capes, coats, dresses, jackets, pants, scarves, hats, shirts, skirts, slacks, sweaters, sweatshirts, t-shirts, tank tops, tops, trousers.
Bath beads; bath cream; bath crystals; bath fizzies; bath flakes; bath foam; bath gel; bath lotion; bath milks; bath oil; bath pearls; bath powder; bath salts; bath soaps; body sprays; bubble bath; cologne; eau de perfume; eau de toilette and eau de cologne; fragrances; hair care preparations; hair
conditioners; hair dressings for men; hair dressings for women; hair dye; hair gel and hair mousse; hair lotion; hair oils; hair shampoo; hair spray; hair styling gel; lotions for face and body care; make up removing preparations; make-up; make-up remover; nail grooming products, namely, tips, glue, lacquers and glitter; nail polish; perfumes; skin cream; cases for eyeglasses and sunglasses; eyewear; frames for spectacles and sunglasses; lenses for sunglasses; sunglasses and spectacles BLK DNM 178614 United Arab Emirates Filing Date: 8/15/2012
Class 3: Bath beads; bath cream; bath crystals; bath fizzies; bath flakes; bath foam; bath gel; bath lotion; bath milks; bath oil; bath pearls; bath powder; bath salts not for medical use; bath soaps; body sprays; bubble bath; cologne; eau de perfume; eau de toilette and eau de cologne; fragrances; hair care preparations; hair conditioners; hair dressings for men; hair dressings for women; hair dye; hair gel and hair mousse; hair lotion; hair oils; hair shampoo; hair spray; hair styling gel; lotions for face and body care; make up removing preparations; make-up; make-up remover; nail grooming products, namely, tips, glue, lacquer and glitter; nail polish; perfumes; skin cream.
BLK DNM 178615 United Arab Emirates Filing Date: 8/29/2012
Class 9: cases for eyeglasses and sunglasses; eyewear; frames for spectacles and sunglasses; lenses for sunglasses; sunglasses and spectacles
BLK DNM 178616 United Arab Emirates Filing Date: 8/29/2012
Class 25: Clothing, bottoms, capes, coats, dresses, jackets, pants, scarves, hats, shirts, skirts, slacks, sweaters,
sweatshirts, t-shirts, tank tops, tops, trousers
BLK DNM 2012736043 Russian Federation Filing Date: 10/17/2012
Class 25: Clothing, bottoms, capes, coats, dresses, jackets, pants, scarves, hats, shirts, skirts, slacks, sweaters,
sweatshirts, t-shirts, tank tops, tops, trousers
BLK DNM 2012736044 Russian Federation Filing Date: 10/17/2012
Class 3: Bath beads; bath cream; bath crystals; bath fizzies; bath flakes; bath foam; bath gel; bath lotion; bath milks; bath oil; bath pearls; bath powder; bath salts not for medical use; bath soaps; body sprays; bubble bath; cologne; eau de perfume; eau de toilette and eau de cologne; fragrances; hair care preparations; hair conditioners; hair dressings for men; hair dressings for women; hair dye; hair gel and hair mousse; hair lotion; hair oils; hair shampoo; hair spray; hair styling gel; lotions for face and body care; make up removing preparations; make-up; make-up remover; nail grooming products, namely, tips, glue, lacquer and glitter; nail polish; perfumes; skin cream.
Class 9: cases for eyeglasses and sunglasses; eyewear; frames for spectacles and sunglasses; lenses for sunglasses; sunglasses and spectacles
Class 25: Clothing, bottoms, capes, coats, dresses, jackets, pants, scarves, hats, shirts, skirts, slacks, sweaters,
sweatshirts, t-shirts, tank tops, tops, trousers BLK DNM 2012736042 Russian Federation Filing Date: 10/17/2012
Class 3: Bath beads; bath cream; bath crystals; bath fizzies; bath flakes; bath foam; bath gel; bath lotion; bath milks; bath oil; bath pearls; bath powder; bath salts not for medical use; bath soaps; body sprays; bubble bath; cologne; eau de perfume; eau de toilette and eau de cologne; fragrances; hair care preparations; hair conditioners; hair dressings for men; hair dressings for women; hair dye; hair gel and hair mousse; hair lotion; hair oils; hair shampoo; hair spray; hair styling gel; lotions for face and body care; make up removing preparations; make-up; make-up remover; nail grooming products, namely, tips, glue, lacquer and glitter; nail polish; perfumes; skin cream.
Class 9: cases for eyeglasses and sunglasses; eyewear; frames for spectacles and sunglasses; lenses for sunglasses; sunglasses and spectacles
BLK DNM 11475120 11475120 China Reg. Date: 2/14/2014
Cases for eyeglasses and sunglasses; eyewear; frames for spectacles and sunglasses; lenses for sunglasses; sunglasses and spectacles, in class 9.
BLK DNM 11475121 China Filing date: 9/11/2012
Bath beads; bath cream; bath crystals; bath fizzies;bath salts, not for medical purpose; bath foam; bath gel; bath lotion; bath milks; bath oil; bath pearls; bath powder; bath salts; bath soaps; body sprays; bubble bath; cologne; eau de perfume; eau de toilette and eau de cologne; fragrances; hair care preparation; hair conditioners; hair dressings for men; hair dressings for women; hair dye; hair gel and hair mousse; hair lotion; hair oils; hair shampoo; hair spray; hair styling gel; lotions for face and body care; make up removing
preparations; make-up remover; tips, glue, lacquer and glitter; nail polish; perfumes; skin cream, in class 3 BLK DNM 11475119 China Filing date: 9/11/2012
Clothing, namely, bottoms, capes, coats, dresses, jackets, pants, scarves, hats, shirts, skirts, slacks, sweaters, sweatshirts, t-shirts, tank tops, tops, trousers, in class 25
(collectively, the above-referenced registered and applied for marks are referred to herein as the
“BLK DNM Marks”).
14.
BLK DNM Group has continuously used the BLK DNM Marks in connection
with retail store, including its perfume products since at least as early as 2011. A representative
image of how BLK DNM Group uses the BLK DNM Marks in connection with perfumes is
provided below:
16.
The BLK DNM Marks are non-functional and the public recognizes and
understands that the BLK DNM Marks distinguish and identify goods and services produced,
sold, or sponsored by BLK DNM Group.
17.
For several years, BLK DNM Group has extensively and continuously used and
promoted the BLK DNM Marks in connection with its goods and services.
18.
BLK DNM Group advertises and sells its goods and services provided in
conjunction with the BLK DNM Marks in a number of different channels, including without
limitation retail stores, the internet, trade shows.
19.
BLK DNM Group has expended great effort and large sums of money in making
its BLK DNM Marks well-known to the public. BLK DNM Group has established a reputation
for excellence, quality and reliability in connection with the goods and services it provides in
conjunction with the BLK DNM Marks.
20.
As a result of BLK DNM Group’s efforts and substantial expenditures, the BLK
DNM Marks have become well-known and are recognizable to the public as being associated
with the goods and services provided by or affiliated with BLK DNM Group.
C.
Sweetyet’s DENIM Marks
21.
Upon information and belief, Sweetyet is a wholesaler of drugs and sundries.
22.
Upon information and belief, Sweetyet is the owner of the following United
States trademark registrations containing the term “DENIM”:
Mark Serial No./ Reg. No.
Filing Date/ Reg. Date
Goods/Services (First Use Date) DENIM GIRL 78/798942 3,154,155 Filing Date: 1/25/2006 Reg. Date: 10/10/2006
DENIM 77/044399 3,981,741 Filing Date: 11/15/2006 Reg. Date: 6/21/2011
Class 3: after-shave lotions; bath soaps in liquid, solid or gel form; deodorants and antiperspirants; perfumery; cologne; shaving cream; shaving gel; cosmetics; talcum powder. (7/30/10) DENIM GO WILD 77/977692 3,694,127 Filing Date: 12/20/2007 Reg. Date: 10/6/2009
Class 3: liquid soaps for hands and body; shaving foam, shaving gel; eau de toilette; deodorant for personal use; antiperspirant. (10/13/08) DENIM GO WILD 77/976803 3,620,833 Filing Date: 12/20/2007 Reg. Date: 5/12/2009 Class 3: aftershave (10/13/08) DENIM GO WILD (Stylized) 77/978720 3,765,429 Filing Date: 4/28/2008 Reg. Date: 3/23/2010
Class 3: liquid soaps for hands and body; shaving foam and shaving gel; deodorant for personal use; antiperspirant; aftershave; eau de toilette. (10/13/08)
DENIM MINE 77/978065 3,713,385 Filing Date: 8/14/2008 Reg. Date: 11/17/2009
Class 3: liquid soaps for hands and body; shaving foam and shaving gel; deodorant for personal use; antiperspirant; aftershave; eau de toilette. (10/13/08)
DENIM BY CODAA 77/855685 4,158,189 Filing Date: 10/23/2009 Reg. Date: 6/12/2012
Class 3: soap bars, soaps, liquid soaps for hand and body, bath and shower preparations, namely, bath foam and shower gels; non-medicated liquid hand and body wash; talcum powder; perfumery; eau de cologne; eau de toilette; cosmetics; creams and lotions, namely, face creams, skin creams, skin lotions; shaving foam, shaving cream and shaving gel; aftershave products; deodorants for personal use; antiperspirant; (12/9/11)
(collectively, the above-referenced registered and applied for marks are referred to herein as the
“Sweetyet DENIM Marks”).
23.
Upon information and belief, Sweetyet sells and/or offers for sale perfume or
cologne under the brand name DENIM in the United States.
24.
Upon information and belief, Sweetyet uses Ocean Discount, LLC, an
import-export company located in Hackensack, New Jersey, to distribute its DENIM perfumes and
colognes in the United States. A representative example of DENIM-branded cologne distributed
by Ocean Discount on Amazon.com is provided below:
D.
Sweetyet Challenges BLK DNM Group’s Rights in the BLK DNM Marks
25.
In both the United States and around the world, Sweetyet has made clear that it
objects to BLK DNM Group’s use of the BLK DNM Marks in connection with perfume.
Sweetyet has initiated a world-wide campaign to challenge BLK DNM Group’s rights in the
BLK DNM Marks.
26.
Internationally, Sweetyet has filed notices of opposition and/or petitions to cancel
the following BLK DNM trademark applications and/or registrations around the world, each
time basing the challenge on a likelihood of confusion with the Sweetyet DENIM Marks.
Mark Serial No./
Reg. No. Filing Date/ Reg. Date Class of Goods/Services BLK DNM 302374597AA Hong Kong Filing Date: 9/11/2012 Class 3 and 9 BLK DNM 1566842 Australia Filing Date: 7/4/2013 Classes 3, 9, 18, 35
BLK DNM 1566844 Australia Filing Date: 7/4/2013 Classes 3, 9, 18, 35 BLK DNM 178614 United Arab Emirates Filing Date: 8/15/2012 Class 3
27.
Specifically regarding BLK DNM Group’s use of the BLK DNM Marks in the
United States, Sweetyet has asserted that it believes such use “will create a likelihood of
confusion between [BLK DNM’s Marks] and [Sweetyet’s] DENIM Marks.”
28.
Sweetyet has warned BLK DNM Group that “this is a serious matter affecting
[Sweetyet’s] registered trademark rights” and demanding that BLK DNM Group cease all use of
the BLK DNM Marks “in connection with cosmetic, body care and fragrance products,” rename
its fragrance line, and abandon its application for the mark BLK DNM.
29.
BLK DNM Group disagrees that there is any likelihood of confusion between
BLK DNM Group’s uses of the BLK DNM Marks and Sweetyet’s uses of the Sweetyet DENIM
Marks, and as such, disagrees that it has infringed, or is infringing, Sweetyet’s rights in the
Sweetyet DENIM Marks or that it needs to rename its fragrance line or abandon the subject
application.
30.
The BLK DNM Marks and Sweetyet DENIM Marks are markedly different.
Further, the overall look and feel of the BLK DNM Marks and Sweetyet DENIM Marks are also
noticeably different.
31.
The BLK DNM Marks and Sweetyet DENIM Marks should be permitted to
coexist nationally.
COUNT I
DECLARATORY RELIEF
32.
BLK DNM Group repeats and realleges, as if fully set forth at this point herein,
the allegations contained in all the preceding paragraphs.
33.
Sweetyet has challenged BLK DNM Group’s rights in its BLK DNM Marks.
34.
Sweetyet has alleged that there is a likelihood of confusion between the BLK
DNM Marks and Sweetyet’s DENIM Marks.
35.
Sweetyet has demanded that BLK DNM Group cease use of its BLK DNM
Marks, rename its fragrance line, and abandon its related trademark applications.
36.
BLK DNM Group believes that there is no likelihood of confusion between BLK
DNM Group or BLK DNM Group’s products and services given BLK DNM Group’s use of the
BLK DNM Marks on the one hand and Sweetyet or Sweetyet’s products and services given
Sweetyet’s use of the Sweetyet DENIM Marks on the other. Accordingly, BLK DNM Group
believes that it is not infringing the Sweetyet DENIM Marks.
37.
BLK DNM Group believes based on the parties uses and conduct that the BLK
DNM Marks and Sweetyet DENIM Marks can coexist nationally.
38.
There exists an actual and substantial controversy between the parties as to
whether there is a likelihood of confusion between the BLK DNM Marks and Sweetyet DENIM
Marks.
39.
BLK DNM Group requests a declaration from the Court that there is no likelihood
of confusion between the BLK DNM Marks and Sweetyet DENIM Marks, and that therefore
BLK DNM Group has not infringed, and is not infringing, the Sweetyet DENIM Marks.
WHEREFORE
, BLK DNM Group respectfully prays for judgment against Sweetyet
(a)
A declaratory judgment that BLK DNM Group does not infringe any
trademarks owned or asserted by Sweetyet;
(b)
Injunctive relief restraining Sweetyet, and each of its agents, servants,
employees, successors and assigns, and all others in concert and privity with them, from
bringing any lawsuit or threatening legal action relating to BLK DNM Group’s use of the
BLK DNM Marks;
(c)
An award of all damages caused by the acts forming the basis of this
Complaint;
(d)
BLK DNM Group’s attorneys’ fees, costs and disbursements; and
(e)
Such other and further relief as the Court shall find just and proper.
DEMAND FOR JURY TRIAL
BLK DNM Group hereby demands a jury trial on all issue and claims so triable.
April 22, 2014
BLK DNM GROUP, LLC
By
:
/s/ Stephen M. Medow
Stephen M. Medow (SM032342009)
stephen.medow@bingham.com
Bingham McCutchen LLP
399 Park Avenue
New York, NY 10022
Tel. 212-705-7000
Joshua M. Dalton (
pro hac vice
forthcoming)
joshua.dalton@bingham.com
Bingham McCutchen LLP
One Federal Street
Boston, MA 02110
Tel. 617-951-8000
I. (a) PLAINTIFFS DEFENDANTS
BLK DNMGROUP,LLC SWEETYET DEVELOPMENTLIMITEDCORPORATION
(b) CountyofResidence of First Listed Plaintiff New CastleCounty, DE Countyof Residence of First Listed Defendant Bergen County,NJ (Agent)
(EXCEPTINU.S.PLAINTIFFCASES) (INUS.PLAINTIFF ('ASESONLY)
NOTE: IN LANDCONDEMNATIONCASES,USETHELOCATION OF THETRACT OFLANDINVOLVED.
(c) Attorneys(FirmName,Address,Email andThlephoneNumber) Attorneys(iKnown)
StephenM. Medow
BinghamMcCutchen LLP, 399 ParkAvenue,NewYork,NY 10022
stephen.medow@bingham.com,(212)705-7000
II. BASIS OF JURISDICTION(Placean"X"inOne BoxOnly) III. CITIZENSHIP OF PRINCIPAL PARTIES(Placean"X" in One Boxfor Plaintiff (ForDiversityCasesOnly) andOne Boxfor Defendant)
O 1 U.S. Government PI 3 FederalQuestion PTF DEF PTF DEF
Plaintiff (US.Government NotaParty) Citizen of This State 0 1 0 I IncorporatedorPrincipalPlace 0 4 0 4 ofBusinessInThis State
O2 U.S.Government 04 Diversity Citizen of AnotherState 0 2 0 2 IncorporatedandPrincipalPlace 0 5 05
Defendant (IndicateCitizenship ofPartiesinItemIII) of BusinessInAnotherState
CitizenorSubjectofa 0 3 0 3 ForeignNation 0 6 0 6
Foreign Country TAT TO A TIDE' !AU CT TIT/nt
I CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES I
O 110 Insurance PERSONAL INJURY PERSONAL INJURY 0625DrugRelatedSeizure 0422Appeal28 USC158 0 375False ClaimsAct
O 120 Marine 0 310Airplane 0 365PersonalInjury ofProperty21USC881 0423Withdrawal 0 400StateReapportionment
O 130MillerAct 0315AirplaneProduct ProductLiability 0690 Other 28USC157 0 410Antitrust
O 140NegotiableInstrument Liability 0 367Health Care/ 0 430 BanksandBanking
O 150RecoveryofOverpayment 0320Assault,Libel& Pharmaceutical PROPERTY RIGHTS 0 450 Commerce &EnforcementofJudgment Slander PersonalInjury 0820Copyrights 0 460Deportation
O 151MedicareAct 0330FederalEmployers' ProductLiability 0 830 Patent 0 470Racketeer Influenced and O 152RecoveryofDefaulted Liability 0368 AsbestosPersonal 14 840Trademark CorruptOrganizations
StudentLoans 0 340 Marine InjuryProduct 0 480ConsumerCredit (Excludes Veterans) 0 345Marine Product Liability, LABOR SOCIAL SECURITY 0 490 Cable/SatTV
O 153RecoveryofOverpayment Liability PERSONALPROPERTY 0710Fair Labor Standards 0861HIA(1395ff) 0 850Securities/Commodities/ of Veteran's Benefits 0350 MotorVehicle 0 370Other Fraud Act 0862BlackLung (923) Exchange
O 160Stockholders'Suits 0355 MotorVehicle 0371Truth inLending 0720Labor/Management 0 863 DIWC/DIWW(405(g)) 0 890 OtherStatutoryActions O 190OtherContract ProductLiability 0 380Other Personal Relations 0 864 SSID TitleXVI 0 891AgriculturalActs
O 195 Contract ProductLiability 0360OtherPersonal Property Damage 0740RailwayLaborAct 0 865RS1(405(g)) 0 893EnvironmentalMatters
O 196 Franchise Injury 0 385Property Damage 0 751Familyand Medical 0 895Freedomof Information 0362PersonalInjury ProductLiability Leave Act Act
MedicalMalpractice 0790Other LaborLitigation 0 896Arbitration
I REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 0791EmployeeRetirement FEDERAL TAXSUITS,0 899Administrative Procedure 0 210Land Condemnation 0440Other CivilRights HabeasCorpus: IncomeSecurityAct 0870 Taxes(US. Plaintiff Act/RevieworAppealof 0 220Foreclosure 0441Voting 0 463AlienDetainee orDefendant) AgencyDecision 0 230 Rent Lease&Ejectment 0 442Employment 0510MotionstoVacate 0871IRS—ThirdParty 0 950Constitutionalityof
O 240 TortstoLand 0 443Housing/ Sentence 26 USC 7609 StateStatutes O 245TortProductLiability Accommodations 0530General
O 290 AllOtherRealProperty 0445 Amer.w/Disabilities 0535DeathPenalty IMMIGRATION
Employment Other: 0462NaturalizationApplication
0 446 Amer.w/Disabilities 0 540 Mandamus & Other 0 465OtherImmigration Other 0 550 CivilRights Actions 0448Education 0 555 PrisonCondition
0 560 Civil Detainee Conditions of Confinement
V. ORIGIN(Placean"X"inOne BoxOnly)
X 1 Original 0 2 Removed from 0 3 Remanded from 0 4 Reinstatedor 0 5 Transferred from 0 6 Multidistrict
Proceeding StateCourt AppellateCourt Reopened Another District Litigation
(specifi.)
Cite the U.S. Civil Statute under which youarefiling(Donotcitejurisdictionalstatutes unlessdiversity): 15U.S.C. 1051
VI. CAUSE OF ACTION Brief
descriptionofcause:
DeclaratoryjudgmentthatBLK DMN Grouphas notinfringeduponSweetyet'smarksandlogos
VII. REQUESTEDIN El CHECKIFTHIS ISACLASS ACTION DEMAND CHECK YESonlyif demanded incomplaint:
COMPLAINT: UNDER RULE23,F.R.Cv.P. JURY DEMAND: )1 Yes 0No
VIII. RELATEDCASE(S)
IFANY (See instructions): JUDGE DOCKET NUMBER
The JS 44civilcoversheetand the informationcontainedherein neitherreplacesnorsupplementsthefilingsand service ofpleadingorother papersas
required bylaw,exceptasprovided bylocal rules ofcourt. Thisform,approved bytheJudicial Conference of the United States inSeptember1974,is
requiredfor theuseof the Clerkof Court for the purpose ofinitiatingthe civil docket sheet. Consequently,acivilcoversheet is submittedtothe Clerk of
Courtfor each civilcomplaintfiled. Theattorneyfilingacaseshouldcompletethe formasfollows:
I.(a) Plaintiffs-Defendants. Enternames(last,first,middleinitial)ofplaintiffand defendant. Iftheplaintiffordefendant isagovernmentagency,use
onlythe fullname orstandardabbreviations. If theplaintiffordefendant isanofficial withinagovernmentagency,identifyfirst theagencyand
then theofficial,givingbothnameandtitle.
(b) CountyofResidence. Foreach civilcasefiled, exceptU.S.plaintiffcases, enterthenameof thecountywhere thefirst listedplaintiffresidesatthe time offiling. InU.S.plaintiffcases, enterthenameof thecountyinwhich the first listed defendant residesatthe timeoffiling. (NOTE:Inland condemnationcases,thecountyof residence of the "defendant" is the location of thetractof landinvolved.)
(c) Attorneys. Enter thefirmname,address,telephonenumber,andattorneyof record. If thereareseveralattorneys,list themon anattachment,noting
in thissection"(see attachment)".
Jurisdiction. The basis ofjurisdictionissetforth under Rule8(a),F.R.Cv.P.,whichrequiresthatjurisdictionsbe showninpleadings. Placean
inoneof the boxes. If there ismorethanonebasis ofjurisdiction,precedenceisgivenin the order shown below.
United Statesplaintiff. (1)Jurisdiction basedon28 U.S.C. 1345and 1348. Suitsbyagenciesandofficers of the United Statesare included here.
United States defendant. (2)WhentheplaintiffissuingtheUnitedStates,its officersoragencies, placean"X"in this box.
Federalquestion. (3)This referstosuits under 28 U.S.C. 1331,wherejurisdictionarises under the Constitution of the UnitedStates,anamendment totheConstitution,anactofCongressor atreatyof the United States. Incaseswhere the U.S. isaparty,the U.S.plaintiffordefendant code takes
precedence,and box 1 or2should be marked.
Diversityofcitizenship. (4)Thisreferstosuits under 28U.S.C. 1332,wherepartiesarecitizens of differentstates. When Box 4 ischecked,the
citizenshipof thedifferentpartiesmustbechecked. (SeeSection IIIbelow;NOTE: federalquestionactions takeprecedenceoverdiversity cases.)
III. Residence(citizenship)ofPrincipalParties. This section of the JS 44 istobecompletedifdiversityofcitizenshipwasindicatedabove. Mark this
section foreachprincipalparty.
IV. Nature of Suit. Placean"X" in theappropriatebox. If thenatureof suitcannotbedetermined,besurethecauseofaction,in Section VIbelow, is sufficienttoenable thedeputyclerkorthestatisticalclerk(s)in theAdministrative Officetodetermine thenatureof suit. Ifthecausefitsmorethan onenatureof suit, select themostdefinitive.
V. Origin. Placean "X" inoneof the sixboxes.
Original Proceedings. (1)Cases whichoriginatein theUnited States districtcourts.
Removedfrom StateCourt. (2)Proceedingsinitiated instatecourtsmayberemovedtothedistrictcourtsunder Title 28U.S.C.,Section 1441. When thepetitionfor removal isgranted,checkthis box.
Remanded fromAppellateCourt. (3)Check this box forcasesremandedtothedistrictcourtforfurther action. Use the date of remandasthefiling
date.
ReinstatedorReopened. (4)Check this box forcasesreinstatedorreopenedin the districtcourt. Usethereopeningdateasthefilingdate.
Transferred from Another District. (5)Forcasestransferred under Title 28 U.S.C. Section1404(a). Donotusethis for withindistrict transfersor
multidistrictlitigationtransfers.
MultidistrictLitigation. (6)Check this boxwhenamultidistrictcaseis transferred into the district underauthorityof Title 28 U.S.C. Section 1407.
Whenthis box ischecked,donotcheck(5)above.
VI. Cause ofAction. Reportthe civilstatutedirectlyrelatedtothecauseof action andgiveabriefdescriptionof thecause. Do notcitejurisdictional
statutes unlessdiversity. Example: U.S. CivilStatute:47USC 553 BriefDescription:Unauthorizedreceptionof cable service
VII. Requested inComplaint. Class Action. Placean "X" inthis box ifyouarefilingaclass action under Rule23,F.R.Cv.P.
Demand. Inthis spaceentertheactual dollaramountbeingdemandedorindicate otherdemand,suchas apreliminaryinjunction. JuryDemand. Check theappropriateboxtoindicate whetherornotajuryisbeingdemanded.
VIII. Related Cases. This section of the JS 44 is usedtoreference relatedpendingcases,ifany. If therearerelatedpendingcases,insert the docket numbers and thecorrespondingjudgenamesfor suchcases.
