`
`·~\~{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)
`
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`TINY LOVE LTD. I
`
`I
`
`Plaintiff on the
`Counterclaims,
`
`v.
`
`TYCO INDUSTRIES, INC.,
`
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`
`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
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`DATED: May 9, 1995
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`CERTIFICATE OF SERVICE
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`It is hereby certified that a true copy of the
`
`foregoing ANSWER TO ACTION FOR DECLARATORY JUDGMENT AND
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`COUNTERCLAIMs has been served by hand delivery on counsel for
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`Defendant this 9th day of May, 1995 as follows:
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`Susan S. Singer, Esq.
`Singer & Goger
`111 Mulberry Street
`Renaissance Tower
`Newark, New Jersey
`Attorneys for Tyco Industries, Inc.
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`LIT\116015
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`- 17 -
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`ARTSANA EXHIBIT 1007-17
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`1
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`ARTSANA EXHIBIT 1007-18
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`ARTSANA EXHIBIT 1007-18
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`•
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`GYMINI
`3-D Activity Gym
`product
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`Folding flat is the cleverly convenient feature that parents
`will love, but the real fun begins when GYMINI is un-folded .
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`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
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`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
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`ARTSANA EXHIBIT 1007-19
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`
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`roduc s sy ~
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`Primary
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`Item 00401
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`Island
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`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
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`CYMINI Rings
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`Item 00410
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`• Three additional Toys to add
`to your GYMINI.
`• Set includes a Bird Squeaker
`and two soft Teething Toys .
`
`Item 00411
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`• 12 additional Rings to
`add to your GYMINI.
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`ARTSANA EXHIBIT 1007-20
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`2
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`ARTSANA EXHIBIT 1007-21
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`ARTSANA EXHIBIT 1007-21
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`
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`TVOCJu.•'
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`• .t
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`.,
`'
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`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
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`6
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`Hanging activities are removable
`01nd easily attach to crib or stroller
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`I
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`ARTSANA EXHIBIT 1007-22
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