throbber
· /
`
`·~\~{fr
`
`Warren S. Robins (WR-1565)
`Dunn, Pashman, Sponzilli & Finnerty
`Continental Plaza II
`411 Hacksensack Avenue
`Hacksensack, New Jersey 07601
`(201) 489-1500
`
`Robert C. Faber
`Douglas A. Mire
`Marc A. Lieberstein
`Ostrolenk, Faber, Gerb
`& Soffen
`1180 Avenue of the Americas
`New York, New York 10036
`(212) 382-0700
`
`Attorneys for Tiny Love, Ltd.
`and the Maya Group, Inc.
`
`Plaintiff,
`
`v.
`
`TINY LOVE LTD. and
`THE MAYA GROUP, INC.,
`
`Defendants.
`
`J HEREBY CERTIFY that the above and
`foregoing is a true and correct copy
`IN THE UNITED STATES DISTRICT COUR':l'Ofthe original on file in my office.
`FOR THE DISTRICT OF NEW JERSEY
`U
`CTCOURT
`S
`----------------------------------------------------------------,
`TYCO INDUSTRIES, INC.,
`
`T
`
`Civil Action No.
`95-1135(MTB)
`
`I
`I
`I
`I
`I
`I
`I
`I
`I
`I
`I
`I
`I
`I
`I
`I
`I
`I
`I
`I
`I
`I
`I
`I
`I
`I
`I
`
`----------------------------------------------------------------~
`----------------------------------------------------------------,
`TINY LOVE LTD. I
`
`I
`
`Plaintiff on the
`Counterclaims,
`
`v.
`
`TYCO INDUSTRIES, INC.,
`
`I
`I
`I
`I
`I
`I
`I
`I
`I
`I
`I
`I
`I
`----------------------------------------------------------------~
`
`Defendant on the
`Counterclaims.
`
`ANSWER TO ACTION FOR DECLARATORY JUDGMENT AND COUNTERCLAIMS
`
`LIT\116015
`
`ARTSANA EXHIBIT 1007-1
`
`

`

`Defendant Tiny Love Ltd. ("Tiny Love 11
`
`)
`
`responds to the
`
`Action for Declaratory Judgment ( 11 the Complaint") of plaintiff
`
`Tyco Industries, Inc.
`
`( 11 Tyco 11
`
`) as follows:
`
`1.
`
`Tiny Love is without knowledge or information
`
`sufficient to form a belief as to the truth of the allegations of
`
`Paragraph 1 of the Complaint, and accordingly denies the same.
`
`2.
`
`Tiny Love admits that the allegations of Paragraph
`
`2 of the Complaint, except that Tiny Love Ltd.'s place of
`
`business is located at 17 Binyamin Mitudela Street, Tel Aviv,
`
`Israel 69548.
`
`3.
`
`Tiny Love admits the allegations of Paragraph 3 of
`
`the Complaint, except that Maya Love's place of business is
`
`located at 15201 Pipeline Lane, Huntington Beach, California
`
`92649-1610.
`
`4.
`
`Tiny Love admits the allegations of Paragraph 4 of
`
`the Complaint.
`
`JURISDICTION AND VENUE
`
`5.
`
`Tiny Love admits the allegations of Paragraph 5 of
`
`the Complaint as it pertains to Tiny Love, and lacks information
`
`sufficient to form a belief as to the truth of the remainder of
`
`the allegations of Paragraph 5 of the Complaint and accordingly
`
`denies same.
`
`6.
`
`Tiny Love denies the allegations of Paragraph 6 of
`
`the Complaint as it pertains to Tiny Love, and lacks information
`
`sufficient to form a belief as to the truth of the remainder of
`
`LIT\116015
`
`- 2 -
`
`ARTSANA EXHIBIT 1007-2
`
`

`

`the allegations of Paragraph 6 of the Complaint and accordingly
`
`denies same.
`
`7.
`
`Tiny Love denies the allegations of Paragraph 7 of
`
`the Complaint as it pertains to Tiny Love, and lacks information
`
`sufficient to form a belief as to the truth of the remainder of
`
`the allegations of Paragraph 7 of the Complaint and accordingly
`
`denies same.
`
`8.
`
`Tiny Love denies the allegations of Paragraph 8 of
`
`the Complaint as it pertains to Tiny Love/ and lacks information
`
`sufficient to form a belief as to the truth of the remainder of
`
`the allegations of Paragraph 8 of the Complaint and accordingly
`
`denies same.
`
`THE CONTROVERSY
`
`9.
`
`Tiny Love is without knowledge or information
`
`sufficient to form a belief as to the truth of the allegations of
`
`Paragraph 9 of the Complaint, and accordingly denies the same.
`
`10. Tiny Love admits that Tyco exhibited a prototype
`
`baby gym product at a Toy Fair in New York City and that Exhibit
`
`1 of the Complaint purports to be a photograph of the product.
`
`Tiny Love lacks information sufficient to form a belief as to the
`
`truth of the remainder of the allegations of Paragraph 10 of the
`
`Complaint and accordingly denies same.
`
`11. Tiny Love admits that its counsel sent a letter
`
`dated February 15, 1995 to Tyco. Tiny Love denies that counsel
`
`for The Maya Group sent a letter dated February 15, 1995 to Tyco.
`
`LIT\116015
`
`- 3 -
`
`ARTSANA EXHIBIT 1007-3
`
`

`

`Tiny Love refers Tyco to the language of that letter for its
`
`contents and denies any allegations of Paragraph 11 of the
`
`Complaint which conflict with the language of that letter.
`
`12. Tiny Love admits that its counsel received Tyco's
`
`letter dated February 15, 1995. Tiny Love denies that counsel
`
`for The Maya Group was sent the letter dated February 15, 1995
`
`written by counsel for Tyco. Tiny Love refers Tyco to the
`
`language of that letter for its contents and denies any
`
`allegations of Paragraph 12 of the Complaint which conflict with
`
`the language of that letter.
`
`13. Tiny Love admits that its counsel sent a letter
`
`dated February 17, 1995 to Tyco. Tiny Love denies that counsel
`
`for The Maya Group sent a letter dated February 17, 1995 to
`
`counsel for Tyco. Tiny Love refers Tyco to the language of that
`
`letter for its contents and denies any allegations of Paragraph
`
`13 of the Complaint which conflict with the language of that
`
`letter.
`
`14. Tiny Love admits that its counsel sent a letter
`
`dated February 22, 1995 to Tyco. Tiny Love denies that counsel
`
`for The Maya Group sent a letter dated February 22, 1995 to
`
`counsel for Tyco. Tiny Love refers Tyco to the language of that
`
`letter for its contents and denies any allegations of Paragraph
`
`14 of the Complaint which conflict with the language of that
`
`letter.
`
`15. Tiny Love admits that its counsel received Tyco's
`
`letter dated February 24, 1995. Tiny Love denies that counsel
`
`for The Maya Group was sent a letter dated February 24, 1995 by
`
`LIT\116015
`
`- 4 -
`
`ARTSANA EXHIBIT 1007-4
`
`

`

`counsel for Tyco. Tiny Love refers Tyco to the language of that
`
`letter for its contents and denies any allegations of Paragraph
`
`15 of the Complaint which conflict with the language of that
`
`letter.
`
`16. Tiny Love admits the allegations of Paragraph 16
`
`of the Complaint as it pertains to Tiny Love.
`
`17. Tiny Love admits that the Tiny Love Activity Gym
`
`and the prototype Tyco product are similar and have at least a
`
`blanket, a pair of spanning arches and hanging toy objects
`
`suspended therefrom in common. Tiny Love denies the remaining
`
`allegations of Paragraph 17 of the Complaint.
`
`18. Tiny Love denies the allegations of Paragraph 18
`
`of the Complaint.
`
`19. Tiny Love denies the allegations of Paragraph 19
`
`of the Complaint.
`
`20. Tiny Love denies the allegations of Paragraph 20
`
`of the Complaint.
`
`21. Tiny Love denies the allegations of Paragraph 21
`
`of the Complaint.
`
`22. Tiny Love denies the allegations of Paragraph 22
`
`of the Complaint.
`
`23. Tiny Love denies the allegations of Paragraph 23
`
`of the Complaint.
`
`24. Tiny Love denies the allegations of Paragraph 24
`
`of the Complaint.
`
`25. Tiny Love denies the allegations of Paragraph 25
`
`of the Complaint.
`
`LIT\116015
`
`- 5 -
`
`ARTSANA EXHIBIT 1007-5
`
`

`

`26. Tiny Love denies the allegations of Paragraph 26
`
`of the Complaint. Tiny Love has notified Tyco of the allowance
`
`of its design patent, and forwarded the allowed patent drawings
`
`to Tyco as set forth in Exhibit 5 of the Complaint. Upon
`
`information and belief, the United States Patent and Trademark
`
`Office will issue a Design Patent on July 4, 1995.
`
`27. Tiny Love denies the allegations of Paragraph 27
`
`of the Complaint.
`
`28. Tiny Love is without knowledge or information
`
`sufficient to form a belief as to the truth of the allegations of
`
`Paragraph 28 of the Complaint, and accordingly denies the same.
`
`COUNTERCLAIMS
`
`Plaintiff Tiny Love Ltd. ("Plaintiff" or "Tiny Love 11
`
`) ,
`
`for its Counterclaims against Defendant Tyco Industries, Inc.
`
`(referred to as "Defendant 11 or "Tyco"), alleges as follows:
`
`THE PARTIES
`
`29. Tiny Love is a corporation organized and existing
`
`under the laws of the State of Israel and has a principal place
`
`of business located at 17 Binyamin Mitudela Street, Tel Aviv,
`
`Israel 69548.
`
`30. Upon information and belief, Defendant Tyco
`
`Industries, Inc. is a Delaware corporation having a place of
`
`business at 6000 Midlantic Drive, Mount Laurel, New Jersey 08054.
`
`LIT\116015
`
`JURISDICTION
`
`- 6 -
`
`ARTSANA EXHIBIT 1007-6
`
`

`

`31.
`
`Jurisdiction over Counts I -
`
`IV are conferred upon
`
`this Court on the basis that these claims arise out of the
`
`transaction or occurrence that is the subject matter of Tyco's
`
`Complaint against Tiny Love. Fed. R. Civ. P. 13.
`
`32.
`
`Jurisdiction over Count I is conferred upon this
`
`Court on the basis that it arises under the trademark laws of the
`
`United States, 15 U.S.C. §1051 et al., and therefore this court
`
`has original jurisdiction pursuant to 28 U.S.C. §1338, and
`
`pursuant to diversity of citizenship, 28 U.S.C. § 1332, the
`
`amount in controversy exceeding $50,000.00.
`
`33. Counts II, III, IV are joined as substantial and
`
`related claims and, accordingly, subject matter jurisdiction for
`
`these Counts is conferred upon this court pursuant to 28 U.S.C.
`
`§1338(a),
`
`(b) and the doctrine of pendent jurisdiction and Fed.
`
`R. Civ. P. Rule 13.
`
`34. Venue is proper in this judicial district pursuant
`
`to 28 U.S.C. §1391 and 1400.
`
`FACTS COMMON TO ALL COUNTERCLAIMS
`
`Tiny Love's GYMINI 3-D Activity Gym
`
`35. Tiny Love is in the business of designing,
`
`manufacturing, marketing and selling baby products, including an
`
`original, creative and distinctive activity gym which it markets
`
`under the name "GYMINI 3-D Activity Gym 11
`
`(the "GYMINI Gym").
`
`LIT\116015
`
`- 7 -
`
`ARTSANA EXHIBIT 1007-7
`
`

`

`36. Annexed hereto as Exhibit 1 are pictures of the
`
`GYMINI Gym in Tiny Love's product line. Tiny Love's GYMINI Gym
`
`is distributed exclusively by The Maya Group, Inc. in the United
`
`States.
`
`37. The appearance and design of Tiny Love's GYMINI
`
`Gym constitutes a non-functional, arbitrary and inherently
`
`distinctive trade dress which serves as an indicia of the source
`
`of origin of Tiny Love's product (the "GYMINI Trade Dress").
`
`38. Since Tiny Love's introduction of the Gymini Gym
`
`at least as early as October 1993, the GYMINI Trade Dress has
`
`achieved a successful reputation among the trade and public,
`
`especially among buyers and sellers of activity gyms. The GYMINI
`
`Trade Dress has become artistically recognized and achieved
`
`commercial success and acclaim in retail stores throughout the
`
`United States. The GYMINI Trade Dress has thus acquired
`
`substantial market value and the success of Tiny Love's product
`
`has enhanced its reputation, standing and goodwill among persons
`
`involved in the sale of activity gyms, store buyers and the
`
`public.
`
`39. Tiny Love has expended substantial sums of money
`
`and effort in developing, advertising, marketing and distributing
`
`its distinctive GYMINI Trade Dress and has become visually
`
`recognizable by relevant purchasers and consumers.
`
`Tiny Love
`
`has also achieved substantial sales of the GYMINI Gym bearing the
`
`GYMINI Trade Dress. As a result, the GYMINI Trade Dress has
`
`acquired secondary meaning denoting Tiny Love as the sole source
`
`of such a product.
`
`LIT\116015
`
`- 8 -
`
`ARTSANA EXHIBIT 1007-8
`
`

`

`Defendant Tyco's Infringing Activities
`
`40. Upon information and belief, Defendant has
`
`recently, and subsequent to the Tiny Love's marketing and sale of
`
`the GYMINI Trade Dress, started to manufacture and/or to solicit
`
`orders for the sale of an activity gym under the name "COZY QUILT
`
`GYM" which has an overall appearance, trade dress and design that
`
`is a slavish and piratical copy of, and which is substantially
`
`and confusingly similar to, the overall appearance, trade dress
`
`and design of the GYMINI Trade Dress (the "Infringing Activity
`
`Gym"). Annexed hereto as Exhibit 2 is a true copy of a Tyco
`
`catalog page depicting the Infringing Activity Gym.
`
`41. Upon information and belief, Defendant is
`
`manufacturing, selling and/or soliciting orders for the sale, in
`
`U.S. commerce and within this and other Districts, of the
`
`Infringing Activity Gym.
`
`42. Upon information and belief, the Infringing
`
`Activity Gym has been on display at a toy exhibit located at 1107
`
`Broadway in New York City.
`
`43. Upon information and belief, Defendant has
`
`solicited orders from buyers in the trade for the sale of the
`
`Infringing Activity Gym. Upon information and belief, Defendant
`
`has either commenced actual sale and/or distribution of the
`
`Infringing Activity Gym to customers or is imminently about to do
`
`so.
`
`44. Defendant's display of the Infringing Activity Gym
`
`in connection with the solicitation of orders for the sale of its
`
`product amounts to a false designation of origin and false
`
`LIT\116015
`
`- 9 -
`
`ARTSANA EXHIBIT 1007-9
`
`

`

`representation of Tiny Love's GYMINI Trade Dress. Defendant's
`
`imitation of the GYMINI Trade Dress and design unfairly compete
`
`with Tiny Love. Customers/ therefore, who make purchases of 1 or
`
`who take orders for 1 Defendant's Infringing Activity Gym are
`
`likely to believe that they are manufactured by or under the
`
`authority of Tiny Love/ when in fact they are not. This will
`
`inevitably deceive and confuse the purchasing public as to the
`
`source or origin of the goods.
`
`45. Upon information and belief, Defendant has
`
`solicited sales and taken sales orders for the Infringing
`
`Activity Gym at prices which are substantially lower than the
`
`sale price of Tiny Love 1 s GYMINI Gym, causing customers, in some
`
`instances, to cancel sales orders with Tiny Love 1 or not order
`
`the GYMINI Gym from Tiny Love in the first instance.
`
`46. Promptly after learning of Defendant's activities/
`
`Tiny Love, by its attorneys, contacted Defendant and demanded
`
`that it immediately cease promoting, selling and/or distributing
`
`infringing copies of Tiny Love's GYMINI Gym and the GYMINI Trade
`
`Dress.
`
`(Copies of the February 15, 1995, February 17, 1995, and
`
`February 22 1 1995 letters to Defendant from Tiny Love's counsel
`
`are annexed to the Complaint as Exhibits 2 3, 5-7, respectively).
`
`47. Upon information and belief, despite receiving the
`
`aforementioned notice of Tiny Love's rights, Defendant has
`
`willfully continued and is continuing its infringing activities.
`
`LIT\116015
`
`- 10 -
`
`ARTSANA EXHIBIT 1007-10
`
`

`

`COUNT I
`
`48. This cause of action is for infringement of Tiny
`
`Love's trade dress rights and for false designations of origin
`
`and false or misleading representations of fact, deceptive
`
`advertising, palming off and/or reverse palming off under§ 43(a)
`of the Lanham Act, 15 u.s.c. § 1125(a).
`
`49. Tiny Love repeats and realleges the averments
`
`contained in Paragraphs 35 through 47 as if set forth fully
`
`herein.
`
`SO. The foregoing acts and conduct of Defendant
`
`constitute willful and deliberate infringement of Tiny Love's
`
`trade dress rights as well as false designations of origin and
`
`misleading misrepresentations of fact, to the effect that
`
`Defendant is Tiny Love or a licensee of Tiny Love, or are
`
`authorized, endorsed, sponsored or approved by Tiny Love or that
`
`Defendant's Infringing Activity Gym originated with or is
`
`connected or associated with Tiny Love or is of the same quality
`
`as that sold by Tiny Love, in violation of§ 43(a) of the Lanham
`
`Act, 15 U.S.C. § 1125{a).
`
`51. By reason of all of the foregoing, Tiny Love is
`
`being damaged by Defendant's activities and will continue to be
`
`damaged unless Defendant is enjoined from continuing to commit
`
`the aforesaid acts. Tiny Love has been and will continue to be
`
`irreparably injured by the continuing acts of Defendant, unless
`
`Defendant is enjoined from continuing to commit such acts. Tiny
`
`Love has no adequate remedy at law.
`
`LIT\116015
`
`- 11 -
`
`ARTSANA EXHIBIT 1007-11
`
`

`

`COUNT I I
`
`52. Count II is a claim for unfair competition and
`
`passing off and/or reverse passing off under the law of the State
`
`of New Jersey, N.J.S.A. §§ 56:4-1, et seq.
`
`53. Tiny Love repeats and realleges the averments
`
`contained in paragraphs 35 through 47 as if set forth fully
`
`herein.
`
`54. By reason of the foregoing, Defendant is engaged
`
`in unfair competition with Tiny Love and passing off and/or
`
`reverse passing off by manufacturing and marketing the Infringing
`
`Activity Gym which bears an overall appearance, trade dress, and
`
`design likely to deceive and confuse the public into believing
`
`that Defendant's Infringing Activity Gym is sponsored by,
`
`endorsed by or otherwise associated with Tiny Love, or vice
`
`versa, and by using a virtually identical copy of Tiny Love's
`
`GYMINI Gym and GYMINI Trade dress in connection with the
`
`solicitation of sales of the Infringing Activity Gym to be
`
`manufactured and distributed by or on behalf of Defendant.
`
`55. By reason of the foregoing, Defendant has, and
`
`will continue to cause damage to Tiny Love by misappropriating or
`
`attempting to misappropriate the GYMINI Trade Dress and the
`
`goodwill and reputation associated therewith, in a manner for
`
`which Tiny Love has no adequate remedy at law.
`
`56. By reason of the aforesaid acts, Defendant has
`
`committed unfair competition, passing off and/or reverse passing
`
`off in violation of the law of the State of New Jersey.
`
`LIT\116015
`
`- 12 -
`
`ARTSANA EXHIBIT 1007-12
`
`

`

`COUNT III
`
`57. Count III is a claim for unfair business practices
`
`and deceptive trade practices under New Jersey Unfair Business
`
`Practices Act § 56:8-1, et seq.
`
`58. Tiny Love repeats and realleges the averments
`
`contained in paragraphs 35 through 47 as if set forth fully
`
`herein.
`
`59. The aforesaid acts of Defendant constitute
`
`unlawful and deceptive acts and practices which result in
`
`confusion and deception of the public in violation of N.J.S.A.,
`
`§ 56:8-1, et seq.
`
`60. Tiny Love has been damaged by Defendant's
`
`aforementioned activities in an amount as yet unknown, and
`
`Defendant is further continuing to damage Tiny Love in a manner
`
`for which Tiny Love has no adequate remedy at law.
`
`61. By reason of the foregoing, Defendant has violated
`
`N.J.S.A., § 56:8-1, et seq.
`
`COUNT IV
`
`62. Count IV is a claim for unfair business practices,
`
`deceptive trade practices, unfair competition, passing off and/or
`
`reverse passing off under the common law of the State of New
`
`Jersey, and as yet other unidentified states.
`
`63. Tiny Love repeats and realleges the averments
`
`contained in paragraphs 35 through 47 as if set forth fully
`
`herein.
`
`LIT\116015
`
`- 13 -
`
`ARTSANA EXHIBIT 1007-13
`
`

`

`64. Upon information and belief, Defendant has, by the
`
`aforesaid acts, violated the common law of New Jersey, and other
`
`yet unidentified states, thereby causing the public to be misled
`
`and deceived and further causing Tiny Love to be damaged in an
`
`amount as yet unknown, and Defendant is further continuing to
`
`damage Tiny Love in a manner for which Tiny Love has no adequate
`
`remedy at law.
`
`65. By the acts aforesaid, Defendant has violated the
`
`common law of New Jersey, and other as yet unidentified states.
`
`WHEREFORE, Tiny Love prays for judgment against
`
`Defendant and for the following relief:
`
`A.
`
`That Defendant, its officers, agents, servants,
`
`employees, related companies, parent companies, subsidiaries,
`
`licensees, assigns and all parties in privity with it be enjoined
`
`(a) from falsely representing that Defendant's Infringing
`
`Activity Gym or other similar products are somehow related to or
`
`connected or associated with Tiny Love or the sale of Tiny Love's
`
`GYMINI Gym;
`
`(b) from displaying or otherwise using Defendant's
`
`Infringing Activity Gym in any way in connection with any
`
`advertising, marketing, or distributing of or soliciting of
`
`customers for Tiny Love's GYMINI Gym;
`
`(c) from filling any orders
`
`for any products which were sold or for which sales were
`
`solicited for Defendant's Infringing Activity Gym and (d) from
`
`manufacturing, advertising, promoting, selling or distributing
`
`any activity gym which is substantially or confusingly similar in
`
`appearance, design or trade dress to Tiny Love's GYMINI Gym;
`
`LIT\116015
`
`- 14 -
`
`ARTSANA EXHIBIT 1007-14
`
`

`

`B.
`
`That Defendant be required to segregate all
`
`proceeds from all orders for any products which have been sold on
`
`the basis of the display or sale of its Infringing Activity Gym
`
`or other related products and to hold such proceeds in trust to
`
`be delivered to Tiny Love as the court may order;
`
`C.
`
`That Defendant be required to recall all
`
`Infringing Activity Gyms already shipped or sold and to deliver
`
`up for destruction those products;
`
`D.
`
`That Defendant be required to cancel any orders
`
`for the Infringing Activity Gym;
`
`E.
`
`That Defendant be further required to send a
`
`notice to every person or entity who was shown its Infringing
`
`Activity Gym, in connection with advertising, marketing,
`
`distributing and/or soliciting orders for Defendant's goods and
`
`informing every such person of the subject matter of this law
`
`suit, of the recall order and of the cancellation of orders, said
`
`notice to be subject to Tiny Love's prior approval and copies of
`
`all notices sent to be delivered to Tiny Love;
`
`H.
`
`That Defendant be required to pay to Tiny Love
`
`said damages as Tiny Love has sustained in consequence of
`
`Defendant's acts complained of herein and to account for all
`
`gains, profits and advantages derived by Defendant's willful and
`
`wanton activities;
`
`I.
`
`That Defendant be required to pay to Tiny Love all
`
`losses, including lost sales and lost profits, damages, costs and
`
`expenses sustained on account of the claims set forth herein,
`
`together with interest and reasonable attorneys fees and costs
`
`LIT\116015
`
`- 15 -
`
`ARTSANA EXHIBIT 1007-15
`
`

`

`and disbursements of this action, as the court may allow Tiny
`
`Love;
`
`J.
`
`That Defendant be required to pay to Tiny Love
`
`such punitive damages as appears just in consequence of
`
`Defendant's acts and practices complained of herein; and
`
`K.
`
`That Tiny Love have such other and further relief
`
`as the court may deem just and proper.
`
`Respectfully submitted,
`
`Warren S. Robins
`Dunn, Pashman, Sponzilli
`& Finnerty
`Continental Plaza II
`411 Hacksensack Avenue
`Hacksensack, New Jersey 07601
`(201) 489-1500
`Attorneys for Defendants
`
`Date: May 9, 1995
`
`OF COUNSEL:
`
`Robert C. Faber
`Douglas A. Miro
`Marc A. Lieberstein
`Ostrolenk, Faber, Gerb
`& Soffen
`1180 Avenue of the Americas
`New York, New York 10036
`(212) 382-0700
`
`LIT\116015
`
`- 16 -
`
`ARTSANA EXHIBIT 1007-16
`
`

`

`DEMAND FOR JURY TRIAL
`
`Tiny Love Ltd. and the Maya Group, Inc. be and hereby
`
`demand a trial by jury on all claims so triable.
`
`DUNN, PASHMAN, SPONZILLI
`& FINNERTY
`Attorneys for Defendants
`
`By, W.~ "Y----
`
`Warren S. Robins
`
`DATED: May 9, 1995
`
`CERTIFICATE OF SERVICE
`
`It is hereby certified that a true copy of the
`
`foregoing ANSWER TO ACTION FOR DECLARATORY JUDGMENT AND
`
`COUNTERCLAIMs has been served by hand delivery on counsel for
`
`Defendant this 9th day of May, 1995 as follows:
`
`Susan S. Singer, Esq.
`Singer & Goger
`111 Mulberry Street
`Renaissance Tower
`Newark, New Jersey
`Attorneys for Tyco Industries, Inc.
`
`LIT\116015
`
`- 17 -
`
`ARTSANA EXHIBIT 1007-17
`
`

`

`
`
`1
`
`
`
`ARTSANA EXHIBIT 1007-18
`
`ARTSANA EXHIBIT 1007-18
`
`

`

`•
`
`GYMINI
`3-D Activity Gym
`product
`
`Folding flat is the cleverly convenient feature that parents
`will love, but the real fun begins when GYMINI is un-folded .
`
`The soft, padded, brightly colored activity
`blanket remains firmly in place no matter how
`much baby moves, making it a safe playground.
`Small toys dangle from the two cloth covered
`arches captivating the baby's attention and en(cid:173)
`ticing it to reach for and play with the toys. In
`this soft, safe "gym", baby will get a "workout"
`developing motor skills, flexibility and strength
`while having fun.
`
`• Toy Bar & Activity
`Blanket in One
`• Baby Safe
`• Folds Flat
`• Arches are Removable
`for Machine Washing
`• Comes with One Plastic
`Toy, Two Soft Toys, and
`extra Plastic Hooks
`
`Exclusive Distributor:
`THE
`MAYA
`GROUP, INC.
`
`15201 Pipeline Lane. Unit A
`Huntington Beach. CA 92649
`Tel: (714) 898-0807
`(800) 843-6292
`Fax: (714) 898-7945
`
`ARTSANA EXHIBIT 1007-19
`
`

`

`roduc s sy ~
`
`Primary
`
`Item 00401
`
`Island
`
`Item 00501
`Exclusive for
`Speciality Stores.
`
`THE
`MAYA
`GROUP, INC.
`
`15201 Pipeline Lane. Unit A
`Huntington Beach, CA 92649
`Tel: (714) 898-0807
`(800) 843-6292
`Fax: (714) 898-7945
`
`GYMINI 3-D Activity Gym
`• Activity Blanket & Toy Bar
`• Blanket is machine
`washable .
`in one .
`• Folds flat for easy carrying
`• Baby Safe -Blanket re main s
`or storage .
`in place no matter how
`much baby moves.
`• Arches collapse for easy
`access to baby .
`• Comes with three toys,
`one of them is a musical toy .
`
`GY 11NI Toys
`
`CYMINI Rings
`
`Item 00410
`
`• Three additional Toys to add
`to your GYMINI.
`• Set includes a Bird Squeaker
`and two soft Teething Toys .
`
`Item 00411
`
`• 12 additional Rings to
`add to your GYMINI.
`
`ARTSANA EXHIBIT 1007-20
`
`

`

`
`
`2
`
`ARTSANA EXHIBIT 1007-21
`
`ARTSANA EXHIBIT 1007-21
`
`

`

`TVOCJu.•'
`
`- - -
`
`- -
`
`-
`
`-
`
`.
`
`• .t
`
`.,
`'
`
`52105
`Cozy Quilt Gym
`Allin one soft playworld for ba~
`• 2 Sesame Street" pals and mirror hang from soft gym
`• Soft quilted blanket has 2 fun activities
`• Easy fold-up design for portability
`• Machine washable blanket is detachable
`• Hanging activities are removable and easily
`attach to crib or stroller
`• Adjustable mirror plays a tune whe11 pressed
`Ages Blrth-24 months
`Box size: 25 x 4 x 16"
`PacK: 4
`
`6
`
`Hanging activities are removable
`01nd easily attach to crib or stroller
`
`I
`
`ARTSANA EXHIBIT 1007-22
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket