IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Before the Trademark Trial and Appeal Board
`
`BOX: TTAB NO FEE
`
`Opposition No:
`
`91157645
`
`Trademark:
`
`UNCLAIMED GEMS
`
`Rosedebor International» 1"<=-
`
`mumummuumtmumuuuummnu
`
`o1-12-2004
`
`“-3- "“"*“M°vcnM~=u- am. #73
`
`OPPOW
`
`Applicant:
`
`Bond Jewelers, Inc.
`
`Attorney Docket No:
`
`30061 19-0001/01 US
`
`RE UEST TO SUSPEND PROCEEDINGS 2.117
`
`Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`Dear Sir or Madam:
`
`On behalf of Rosdebor International, Inc. of Philadelphia, PA, we request
`
`that further proceedings in this matter be suspended pending the termination of the civil
`
`
`action Filed in the Eastern District of Pennsylvania styled Bond Jewelers Inc. v.
`
`Rosdebor International, Inc., et al., Civil Action No. 03-3502, (USDC ED PA).
`
`Applicant is plaintiff in the above litigation in which the mark that is
`
`subject to this application has been asserted against the potential Opposer. A copy of the
`
`Complaint filed in the above action is attached as Exhibit 1.
`
`In answer to the Complaint,
`
`potential Opposer has asserted that the claimed mark is invalid as being generic and has
`
`filed a Motion for Summary Judgment which is now pending before the Court.
`
`

`
`
`
`As the above litigation is likely to have a significant bearing on the
`
`registrability of the claimed mark, potential Opposer requests that opposition proceedings
`
`be suspended pending the outcome of the litigation.
`
`Respectfully submitted,
`
`SCI-INADER HARRISON SEGAL & LEWIS LLP
`
`Dated: January 8, 2004
`
`
`H Market Street, Suite 3600
`adelphia, PA 19103
`
`-15) 751-2622 (voice)
`(215) 972-7677 (fax)
`jmeyer@schnader.com (Internet)
`
`ATTORNEYS FOR OPPOSER
`
`PHDATA I l32742_I
`
`

`
`
`
`Certification Under 37 CFR 1.8
`
`I hereby certify that this paper or fee is being deposited with the United
`
`States Postal Service with sufficient postage as first-class mail under 37 CFR 1.8 on the
`
`date indicated below addressed to:
`
`Commissioner for Trademarks
`BOX TTAB NO FEB
`
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`with copies addressed to:
`
`7 Craig J. J. Snyder, Esquire
`67 Wall Street, Suite 2211
`
`New York, NY 10005
`
`Anna M. Durbin, Esquire
`S0 Rittenhouse Place
`
`Ardmore, PA 19003-2276
`
`Date: January 8, 2004
`
`gj/_(/%é4"Z g ame:
`
`bigail Abbas
`
`PHDATA I l32742_1
`
`

`
`
`
`
`
`I urred
`
`CIVIL COVER SHEET
`““‘“'
`The JS-44 civil cover sheet and Information contained herein nelmer replace nor surlnlamans the {lung and so:-vi:= v.-If pleadings or olhcr papers as
`33/IaW.e1u:epI as orovioeu uy local rules cll courl. This Iorm. approved by the Jud-':=aI Conlerencc 0|‘ the unlled Slales In Seplember 1971. Is reaumzn la
`the Clark at Cnurl. lo: the purpose of Initlaling Iha civiI metal sheet (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
`1. (a) PLAINTIFFS
`DEFENDANTS
`
`Bond Jewelers. Inc.
`
`
`
`
`Roseclebor Imemational, Inc.. Rosedebotcclm. Inc... Sam -
`Vayner and Boris Vayner
`
`
`
`
`
`
`CIJIJHI \' or'- at 5|I'.Ir.I4'CE or HI-IST LISIED OEFEIIDAH1 M‘______ __
`__
`IIN UIS. PLAINTIFF CASES ONLY}
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`
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`VHL RELATED CASE(S)(s°c Instructions): JUDGE
`IF ANY
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`A1TORN[_YS(IF' IINDWU:
` (C) ATTORNEYS IFIRM Mum. MJUREES A.'~rD1E=S‘PI-Iollt NIIWIEIII
`Law Omces of Anna M. Durbin
` Unknown
`50 Rillenlwuse Place
`Ardmore. PA 19003-2276
`(610) 549.3200
` III. CITIZENSHIP OF PRINCIPALPARTIES (PLACE. AN 1' IN own no! son NNTIIT
`II. BASIS OF JURISDICTION
`{PLACE AN‘:l‘INCINI: nuxormr:
`[For Diversify cases Only}
`mm on: anx ran GSFENDANT '
`
`
`
`PTF DEF
`*-
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`
`
`
`
`
`
`3.
`
`
`
`
`.
`
`
`
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`
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`
`Incolpuraiad or Principal Place
`of Business In This Slalu
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`Ferclgn Nalion
`
`Cilizen nl Tlfs Stale
`Citizen or Anolnet Stale
`cilnzen or Subject ol 2
`
`
`Foreln Counlr
`
`
`
`
`
`
`

`
`
`
`N‘,
`
`[N THE UNITED STATES DISTRICT COUR1‘
`FOR THE EASTERN DISTRICT OF PF.Nl\'SYl.\’ANI»4L
`
`
`
`ASE l\1-5.VAGEi\’IFNT TRACK £'.SlC':'NA'l”l0N F RM
`
`
`Bond Jewelers,
`
`Inc ,
`
`CIVIL ACTION
`
`-
`3
`
`V‘
`Int:. ,‘
`Rosedebor Ittterhational,
`Rosedebor.ccm,
`Il'1C.', Samuel Vayner,
`and Boris Vayner
`in accordance with the Civil Justice lixpense and Delay Rcductinn Plan ofthis courl. counsel for
`plaintiff shall complete a case M:tnagcmcntTraclc Dcsignatitm Form in all civil cases at the time
`offiling, the cumpluintand serve a copy on all defendants. (See§ 1:03 nfthc plan set forth cm 1113
`reverse side tzftl-tis form.) In the event that a defendant does not ugrtzc with the plaintiff rcgttrtling
`said designation. that defendant shall, with its fit-st appearance. submit to the clerk of court and
`servt: on the plaintiffund all other parties. a case tnanagement track designation f'ut-m specifying
`the track to which that dcfmdant bL'.iiC\r'6S the cast: should ht: assignucl.
`
`N0-
`
`SELECT ONE OF THE FOLLOWING CASE MANAGEMENT TRACKS:
`
`Habeas Corpus -- Cases hrnughr under 28 U.S.C.
`§224l through (52255.
`
`Social Security ~~ Cases rcqttesiing review ofa
`decision oflhe Secretary oi’!-lcalth and Human
`Services denying plaintiffsncial Sct:uri1y}3ent:fil5.
`
`Arbitration -— Cases required to be dcsignatcd for
`arbitration under Local Civil Rule: 53.2.
`
`(
`
`l
`
`Asbestos —- Cases involving claims for perstsnul
`injury or pmperty damage frorn exposure to
`asbestos.
`
`Special Man:-lgemcnl -- Cases that an not fall into
`1rat:ks(tt‘) lhrnugh (dl lhal are conwnonly rt-_-ferred
`to as complex and that need special or intense
`rttunagement by the court. (See rcvcrst: side of
`this form for a detailcd cxplanaiitm of special
`managtzmcnt cases.)
`
`to
`
`
`
`Standard Management ~- Cases that do not fall '
`any um; nftht: other tracks.
`
`Attt1rncy~at—law
`:12 Lflrlviilfr
`A lltarn lay for
`
`(21)
`
`(hi
`
`(Cl
`
`(ti)
`
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`
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`
`6 “J3
`Die.
`
`t('i\', M10] 7195
`
`

`
`
`
`
`
`UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF PENNSYLVANIA -— DESIGNATION FORM to be used by counsel to indicate the category of he use -i he
`purnusl: of assignment to appropriate catnmaar.
`
`113 South 3th Street, Philadelhia, PA lgj-06
`B3TId J3h"El€rS,
`Address 9; plat,-mm
`p
`. .
`-
`Address of Dafondanr Rasedebor ntenmuona '
`‘ '
`
`a
`
`Plaoe of Accident. Incident or Transaction:
` ._..—-
`Defendant-_'s addresses above an-3 the interne’d”‘° ”°""'*" 5'” ’‘°’‘‘‘’°’‘'‘’"‘'’5l°'‘'’°’
`
`
`
`I
`
`Does lhts cascinvolve mulidlstricl lllgatlon posslbilflies?
`RELA TED CASE. IF ANY.’
`
`
`case Number
`
`
`
`Judge
`
`Yeafl
`
`15$
`
`Date Terminated: __
`
`Civil cases so deemed retatect wt-en yes is arutwerad to any ottha followlng questions:
`
`1
`
`ts thls case rataled to proponyincluoec I‘! an earlar rturnberud suit pendlrg or with'n one year previously tormmatctl action in tris court?
`Y€5D
`F3534
`
`2. Does this case involve the same Issue of fact or growaut oi the same transaction as a prior sun:
`action in this court?
`
`pumling u w1't|u'n one yearpreviously tum-ina
`
`3. Does this case involve the validity or fnfringcrnenl at a patent already in suil or any 6.-arllar nun-tberect case pendng nr within any: vuasr previous.
`lermlnalad action in Ihia ttourt?
`
`Yogi-I
`
`N.->E-Q
`
`Yes]
`
`N33
`
`B. Diversity Jurrscfictlon Cases:
`insurance Contract and Other Contracts
`
`Airptanr: Pr,-rsnnzat Injury
`Assault. Defamation
`
`Mar-rte Personal Injury
`
`Muluf Vahicle Personal 1rI}ury
`
`other Personal Injury (Please specify)
`
`Products Liaoillly
`
`Prooucts Liability — rutbcslus
`
`All other Diversity Cases
`
`(Please EDEGITYI
`
`.U
`ll
`.5]
`Fl
`.D
`.[J
`E!
`E‘
`D
`
`1 2 L
`
`u
`
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`10.
`11.’? Allolhuu pudarr-tlClu&s1lonCasesTI‘a.d€'I’laIk. - .'I'.anha.m Act
`(Please Specify)
`
`ARBITRATION CERTIFICATION
`{Check appmnriate Category)
`Anna M. Durbin . counsel of record do hereby ctrrtlfv:
`1.
`E Pursuant to Local Civil Rule 53.2. Section 3(cl(2). that mine best at my knowledge and belie!‘ the damages rtzttwetahle in H'I|3 CW“ 35“
`wccea the sum ct’ $'l5D.D00.00 CXPJIJSI-‘e of interest and costs:
` E Relic!othzrthan monaary damagesissougt-tI_ /.7
`\
`é
`DA-rE;J1.11'.IB 5 p
`:.-_’,..,____
`30555
`Attorney at-Law
`Attornqr I D 14
`NOTE: A trial de novo will be a trial byjury only if there has been compliance with F.R.C.P. 38.
` _
`
`.1»
`
`I °°"I"Yfl’l?1: 1° myknawtr.-age. the within caseis not rcldcflto an -- 52nowp=-"'
`except as noted above.
`'
`-
`fi{
`June 5, 2003
`DATE:
`Auorrruyet-Law
`cw. ac! mast
`
`g or within-toneyear previouslytcrrninated action in thl
`
`30555
`
`.1
`
`AtloIncyi.D.i‘-1
`
`650
`
`- nun
`
`I"
`in ONE CATEGORY ONLY)
`CIVIL. (Place L]
`A, Fedora! Otnstion Cases‘
`1. E Indemnity Ccnlract.MaJinaConU‘8:I.-EInd_Atl0I1arContrans
`‘ FELA
`Jones Act-Personal lntunr
`Antitrust
`
`.".'-*’!‘-’
`95*F”I"9‘9"
`
`DI:jl.__'IjI:jDCIL—-I Securities At-.115) Cases
`
`Patent
`
`Labor-Management Ftulations
`
`Civil RIQH5
`
`Habaas Corpus
`
`

`
`
`
`%
`
`__
`
`-{QUMMONS IN A CIVIL ACTION -
`UNITED STATES DISTRICT COURT FOR THEEASTERN DISTRICT o1= PENNSYLVANIA
` BOND JEWELERS, INC.
`
`CIVIL ACTION NO. 03-3502
`
`V.
`
`
`
`
`
`
`TO: (NAME AND ADDRESS OF
`DEFENDANT)
`
`
`
`ROSEDEBOR D\ITERNATIONAL, INC-,
`ROSEDEBOKCOM, INC, SAMUEL VAYNER AND
`
`BORIS VAYNER
`
`
`K.05ede,bor Infcrna,‘-Ho
`loll 5ou+h Wlflrccl
`3rd Floor
`l9hzJatdt.lPh:a, FF} Hm
`
`
`
`
`
`
`
`-
`
`YOU ARE HEREBY SUMMONED and required to serve upon
`
`,
`
`Plaixltiffs Attomey (Name and Address)
`
`so RITTENI-IOUSE PLACE
`
`ARDMORE, PA. 19003
`
`demanded in the complaint. Any answer that you serve on the parties to this action must be filed with tlt
`this Court within a reasonable period of time after service.
`
`1yIich'a‘e'IJ$. Kunz, Clerk 61"
`
`Date: JUNE 5, 2003
`
` ANNA M. DURBIN, ESQ.
`
`
`
`
`you, exclusiveofthedayofservice. Ifyoufailtodo so,judgmentbydefaultwill betaken againsty therelief
`an answer to the complaint which is herewith served upon you, within 20 days after service of this 5
`
`
`
`
`
`
`
`ns upon
`
`lerk of
`
`M
`
`T
`
`

`
`
`
`‘
`‘:3;
`UN1Tso.s1*A*rEs DISTRICT coum
`EASTERN DISTRICT o1= PENNSYLVANIA
`_ . . _ . . _ _ . . . _ . _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ X .
`
`BOND JEWELERS. INC.
`
`Plaintiff,
`
`- against -
`
`'
`
`:
`
`:
`
`\
`
`ROSEDEBOR INTERNATIONAL. INC,
`ROSEDEBORCOM, INC, SAMUEL
`VAYNER AND BORIS VAYNER,
`
`.
`Defendants.
`. . _ . . _ . _ . _ _ _ _ _ _ _ . _ _ _ _ . . . . . . . . .. X
`
`Civil Action No.
`
`.
`03--3s“o;2.
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`COMPLAINT
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`Piaintiff, Bond Jewelers, Inc, by its undersigned atlomeys, as and for its cornplaii
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`alleges as follows:
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`1.
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`NATURE OF THE ACTION
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`This is an action arising from the adoption and use by defendants of plaintif I
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`E
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`service marks “UNCLAIMED DlAMONDS"_. “UNCLADVIED JEWELR " and "UNCLAIM
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`Ii
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`GEMS" and trade name “UNCLAIMED DIAMONDS” in violation of 560150115 43(A) and 43( 1:
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`ofthc Lanham Act (15 U.S.C.§ 1125(a), 15 U.S.C. § I125(c)) and related misconduct.
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`JURISDICTION AND VENUE
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`2. This Court has subject matter jurisdiction over Counts l-\/ in this action (1 ) pursua
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`to 28 U.S.C. § 1331, since it is 21 civil action arising under the laws oftiic United States, and ( ti
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`pursuant to 15 U.S.C. {,4 1121, since it is an action arising under the Lanham Act. This Court 11
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`subject matlcr juiisdiction over Counts V1—IX of this action, pursuant to 28 U.S.C. § 1367(-{ .
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`since they are is so related to claims in the action within the Court’s original jurisdiction th
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`they fomi part of the same case or controversy under Article III of the U.S. Constitution.
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`s“‘ Street, 3"’ F1001‘, Philadelphia. Pennsylvania 19107.
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`8. Defendant Boris Vayner is an individual doing business under the fictitious
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`Rosdeb0r.com with an address at 800 Chestnut Street, No. 106. Philadelphia, Pennsylv
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`19106. Upon informatioii and belief defendant Boris V21)’nei' conducts business at 104 South
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`ill
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`Street, 3"‘ Floor, Philadelphia, Pennsylvania 19107.
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`FACTS COMMON TO ALL CLAIMS FOR RELIEF
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`9. Piaintiff maintains a retail jewelry business at 113 South 8"’ Street. Philadelp ‘it-'
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`Pennsylvania 19106 under the trade name “UNCLAIMED DIAMONDS.”
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`3. Venue is proper in the Eastern District of Pennsylvania pursuant to 28 U.S.C
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`1391 (b) in that (I) defendants reside in the Eastern District of Pennsylvania, and (2) a substan I
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`part of the events giving rise to the claim occurred in the Eastern District of Pennsylvania.
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`PARTIES
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`4. Plaintiff Bond Jewelers, Inc. is a Pennsylvania corporation with a principal addres
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`113 South 3* Street. Philadelphia, Pennsylvania 191 06.
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`5. Defendant Rosedebor International, Inc. is a Pcrmsyi\'an.ia corporation with a princi
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`address at 104 South 8"‘ Street, 3”’ Floor, Phiiadeiphia, Pennsylvania 19107.
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`11. Plaintiff owns the following intemei domain names:
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`unc1aimeddiamonds.com
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`unclaimeddiamonds.org
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`L1I1CIaiI1'leddian101'1dS.uS
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`unclaimeddiamondsshop
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`unc1aimcdia1nonds.oom
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`unclaim edi 3.111011 (15 .biz
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`unclaimediam0nds.nc1
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`unc]ain1edian1onds.info
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`unc1aimediamonc1s.org
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`unclaimediam.onds.shop
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`unc1aimediamonds.us
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`1mcIaime:d—diamoJ1c1s.com
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`Ll11C1aiITll3d-—di3.l'IIOI1dS.biZ
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`unclaimed-dianionds.net
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`unclaimed-diam0nds.info
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`unc:iaimed—diamonds.01'g
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`Ui1C1ain’16d-di&n1DI1dS.Sh0p
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`unc1aimcd—diam01'1ds.us
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`unclairn edj ewe1I'y.com
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`unciainiedjewcliybiz
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`unciaimedj ewe1ry.n st
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`unclaimcdj ewe1ry.info
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`unclaim ::djewc1ry.0rg
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`unclaimcdj cwe:}.ry.sliop
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`Lmclaimedj eweIry.us
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`12. Piaintiff adopted the service mark and trade name “UNC‘.LATM.ED DIAMONDS"
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`use in connection with its services at least as early as June 1996 and has continuously used is
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`trade name and mark in connection with its services since that time.
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`13. Plaintiff adopted the service mark “U'NCLAU?~/IED JEWELRY" for use in comics
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`n
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`with its services at least as early as April 2002 and has continuously used the marlc. in connec: in
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`with its services since that time.
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`under the domain name "rosedebor.corn."
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`known as “ebay” under the name UNCLAFMED DIAMONDS.
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`21. Defendants established an oniine retail jewelry “store" on the intemet auction we :3-
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`known as “ebay" under the name UNCLAIMED JEWELRY.
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`22. Defendants established an online retail jewelry “store” on the internet auction we
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`interstate commerce since at least April 2002.
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`18. Defendants maintain a business across the street from piaintift"s business at
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`South 8” Street, 3"‘ Floor, Philadeipltia, Pennsylvania 19107.
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`19. Defendants maintain an internet retail jewelry business and online ordering se -
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`Q
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`known as “ebay” under the name UNCLAIMED GEMS.
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`23. Upon information and belief, iztefendants established their online “s1'cires“ on “e '1 “
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`with actual lcnowiedgc that plaintiff was using the UNCLAIMED DIAMONDS service mark.
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`d
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`trade name and its UNCLAIMBD JEWELRY and UNCLAIMED GEMS marks for its servic 1-
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`identical or closely related to the services with which p1aimif‘fha.s used its UI\‘CLAIh'D
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`DIAMONDS trade name and service mark and UNCLAIMED JEWELRY and UNCLAIB "-1 D
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`GEMS service marks.
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`24. Since long prior to defendants’ establishment of their online “stores” on “cbay” :-'
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`and UNCLALMED GEMS service marks, plaintiff has built vs-iluable goodwill in its so
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`marks and trade name, which have come to signify quality products and services originating 2 "
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`plaintiff.
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`26. As a result of the sales, advertising and promotion of goods and scwiccs under
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`29. The services of defendants
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`for which defendants have adopted the ma 3,
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`the same classes of purchasers as the services originating from plaintiff under its UNCLAI
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`It"i
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`DDKMONDS trade name and service mark and UNCLAIMED JEWELRY and UNC.LA1'M
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`g.
`.;-g
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`30.
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`The marks UNCLALMED DIAMONDS, UNCLAIIVIED .il_-‘.WE.1-R\"
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`to plaintiff‘s UNCLALM
`identical
`axe
`UNCLATMED GEMS adopted by defendants
`DIAMONDS trade name and service mark and UNCLAIJVIED JEWELRY and UNCLA
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`GEMS service marks.
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`31. As a result of defendants’ adoption or the marks UNCLAIMED en";-.
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`UNCLAIMED JEWELRY and UNCLAIMED GEMS, the public is likely to he confused =
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`deceived into the mistaken belief that defendants‘ services have their origin with plaintiff, or
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`3
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`such services were approved, endorsed or sponsored by plaintiff or are associated in some g
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`with plaintiffs services.
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`32. As a result of defendants’ adoption of the marks UNCLAIMED DIAMO
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`UNCLAEMED JEWELRY and UNCLAIMED GEMS,
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`the pubiic has heen confused
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`deceived into the mistaken belief that defendants‘ services have their origin with piaintiff, or
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`such services were approved, endorsed or sponsored by plainti Ff or are associated in some j
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`with plaintiff’ s sewices.
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`"A..-‘-.2-fit-<1.
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`mistake or to deceive, and falsely suggest a connection with plaintiff.
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`34. Plaintiff’s valuable goodwill in its trade name and service marks has been daniag. I
`and will continue to be damaged by defendants’ adoption of the marks UNCLAIM
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`DIAMONDS. UNCLAIMED JEWELRY and UNCLATMED GEMS.
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`35. Defendants’ adoption of the UNCLAIMED DIAMONDS mark has diluted 1;
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`COUNT I
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`Misleading Use of a Service Mark and Unfair Competition
`in Violation of Section 4303;) of the Lanhnm Act
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`through 35 as though set forth fully herein.
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`37. Plaintiff has never authorized defendants to use its UNCLAIMED DIAMON
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`service mark in connection with their services.
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`38. Defendants have used and continue to use in commerce the LINCLAI
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`DIAMONDS service mark in connection with their services.
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`39. Defendants’ use of the UNCLAIMED DIAMONDS service mark in connection it 11
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`their services is likely to cause confusion, or to cause mistake or to deceive as to the affiliati
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`connection, or association of the defendants with plaintiff.
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`approval ofdefcndaitts’ services by plaintiff.
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`4l.Plaint.iff has suffered damages as a result of defendants‘ wrongful use of “"
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`UNCLAHVIED DIAMONDS service mark in connection with their services.
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`in connection with their services. names and fa U;
`Defendants have used,
`42.
`designations of origin which are likely to ‘cause confusion. or to cause mistake, or to deceive :.
`to the affiliation, connection, or association of defendants with plaintiffs, or plainti.
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`sponsorship or approval of defendants’ services.
`43. Defendants’ acts are in violation ofseetion 43(A) oftlie Lanliam Act (15 U.S.C. §
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`1125(3)).
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`44. Defendants‘ acts were intentional and willful.
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`45, Plaintiff is entitled to an order enjoining defeiidaiits’ further misleading use of -
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`UNCLATMED DIAM ONDS service mark.
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`46.P1aintiff is entitled to damages as a result of defendants’ misleading use of
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`UNCLAIMED DIAMONDS service mark.
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`‘COUNT ll]
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`Misleading Use of a Service Mark and Unfair Competition
`in Violation of Section 435A) of the Lanham Act
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`47. Plaintiff repeats and reallcges each and every allegation contained in paragrap "=1-
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`through 46 as though set forth fuily herein.
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`service mark in connection with their services.
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`49. Defendants have used and continue to use in commerce the UNCL./\I’iV D
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`IEW ELRY service mark in connection with their services.
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`50. Defendants’ use of the UNCLALMED JEWELRY service mark in connection
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`their services is likely to cause confusion,’ or to cause mistslcc or to deceive as to the affilia. 11.
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`connection. or association of the defendants with plaintiff.
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`their services has caused confusion, mistake or deception as to the origin. sponsorship, V"
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`approval of defendants‘ services by plaintiff.
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`52. Plaintiff has suffered damages as a result of defendants’ wrongful use of in
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`UNCLAHVIED JEWELRY service mark in connection with their services.
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`53-
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`Defendants have used,
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`in connection with their services, names and f'a..
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`designations of oiigins which are likely to cause confusion, or to cause mistake. or to deceive s
`to the affiliation, connection or association of‘ defendants with plaintiffs.
`01‘ plaintis
`sponsorslnp or approval ofdefendants’ services.
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`54. Defendants’ acts are in violation of Section 43(A) Ofti'lE.LEl.1'lhE11’l'l Act (15 1_l.S.CZ. §
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`l125(a)).
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`55. Defendants’ acts were intentional and willful.
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`56. Plaintiff is entitled to an order enjoining defendants‘ further rnislcacling use of! ‘H
`UNCLAIMED JEWELRY service mark.
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`3
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`UNCLAIMED JEWELRY service mark.
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`COUNT III
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`Misleading Use of a Service Mark and Unfair Competition
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`in Violation of Section 43(Al of the Lanham Act
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`58. Plaintiff repeats and rcalleges each and every allegation contained in paragrp ;
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`through 57 as though set forth fully heroin.
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`59. Plaintiff has never a.utbot‘i7.ed defendants to use its UNCLAIMED GEMS. se
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`mark in connection with their services.
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`60. Defendants have used and continue to use in cornrnerce the UNCLALMED GE
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`service mark in connection with their services.
`61. Defendants’ use of the UNCLAIMED GEMS service mark in connection with '-N"
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`53,-V1535 15 ukely to cause confusion, or to cause mistake or to deceive a
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`s to the affiliati ..
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`connection, or association of the defendants with plaintiff.
`62. Defendants’ use of the UNCLAIMED GEMS service mark in connection with 9;
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`services has caused confusion, mistake or deception as to the origin, sponsorship, or approva :-
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`defendants’ services by plaintiff.
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`63.Plaintiff has suffered damages as a resuit of defendants’ wrongful use of
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`UNCLAIMED GEMS service mark in connection with their senrices.
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`64.
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`Defendants have used,
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`in connection with their services, names and f '_
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`designations of origins which are likely to cause confusion, or to cause mistake, or to deceit’ .r=
`to the affiliation, connection, or association of defendants with plaintiffs, or plainti
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`sponsorship or approval of defendants‘ services.
`65. Defendants’ acts are in violation of Section -‘l3(A) ofthc Lanham Act (15 U.S.C. § "L
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`1125(a)).
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`66. Defendants’ acts were intentional and willful.
`67.P1aintiff is entitled to an order enjoining defendants‘ further misleading use o
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`ts
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`UNCLAIMED GEMS service mark.
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`68. Plaintiff is entitled to damages as a result of defendants‘ misleading use 0 .
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`UNCLAIMED GEMS service mark.
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`-2-:
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`{X.L"'
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`COUNT IV
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`Adoption and Use of a Misleading Trade Name
`in Violation of Section 43(A) ofthe Lanharn Act
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`through 68 as though set forth fully herein.
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`70. Plaintiff has never authorized defendants to use its UNCLAIMED DIAMONDS t .-
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`7
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`name (the “Trade Name“).
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`71. Defendants have used and continue to use the Trade Name in commerce.
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`69. Plaintiff repeats and rcalleges each and every allegation contained in paragrapl
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`the origin. sponsorship, or approval of defendants‘ services by plaintiff.
`74. Plaintiff has suffered damages as a result of defend-ants‘ wrongful use of the Tire
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`Name.
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`a
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`75. Defendants }'1:.we used, in connection with their services, names and false designati -5 s
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`approval of defcndazots’ services.
`'76. Defendants‘ acts are in violation ofSection 43(A) oftlte Lanhain Act (15 L.3.S.C”. § T
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`l125(a)).
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`77. Defendants‘ acts were intentional and willful.
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`Trade Name.
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`-1}-
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`....._..................._...........-........._...._.....-...e..........i-5........._
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`78. Plaintiff is entitled to an order enjoining deferidants' further misleading use 0 -'
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`79. Plaintiff is entitied to damages as a result of defendants’ misleading use of its Tra
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`Name.
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`COUNT V
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`Service Mark Dilution
`in Violation of Section 431C] of the Lanham Act
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`80. Plaintiff repeats and realleges each and every allegation contained in paragrzip -
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`through 79 as though set forth fully herein.
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`81. Plaintiffs UNCLAIMED DIAMONDS mark is distinctive and famous.
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`82. Defendants commenced commercial use of plaintiffs famous UNCLAI
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`DIAMONDS mark afler it became famous.
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`83. Defendants‘ unauthorized commercial use of plaintiff“; famous UNCLAI
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`DIAMONDS marl: has diluted the distinctive quality of the mark.
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`84. Defendants willfully intended to trade on plaiiitiffs reputation or to cause dlil11iO1"jf
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`its famous UNCLAIMBD DIAMONDS mark.
`85. Defendants’ acts are in violation of Section 43(C) ofthc Lallhéllll Act (15 U.S.C. §
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`l.1.'Z5(r.:)).
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`86.Plaintiff is entitled to an order enjoining further dilution of its LIZNCILAIM
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`DIAMONDS service mark.
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`87. Plaintiff is entitled to damages as a result of defendants’ dilution ofits UNCLA
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`DIAMONDS service mark.
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`COUNTVI
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`Service Mark Infringement
`in Violation of S4 P.A. (LS.
`' 1123
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`88. Plaintiff repeats and realiegcs each and every allegation contained in ]‘J:11'agt'apl’1 __
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`through 87 as though set forth fully herein.
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`registered under Chapter 1 1. of Title 54 ofthe Pennsylvania Consolidated Statutes.
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`90. Plaintiff has never authorized defendants to use its UNCLAIMED DIAMO
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`service mark in connection with their services.
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`91. Defendants have used and continue to use plaintiff's UNCLAIMED DIAMCJ
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`service mark in advertising of its services in a manner likely to cause confusion er mistake 0 ‘
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`deceive ms to the source of such services.
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`92. Defendants’ use of plaiiitiffs UNCLAIMED DIAMONDS service l'l'l2-1I'l< was '=-‘_
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`remains in bad faith with the intent to cause confusion or mistake or to deceive.
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`93. Plaintiff has suffered damages as a result of defendants’ wrongfui use of we
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`UNCLAIMED DIAMONDS mark in connection with their services.
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`94. Defendants’ acts are in \‘l0lE1llOl',1 of'54 PA. C.S. § 1123.
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`by plaintiff as well as reasonable attorneys‘ fees.
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`-13..
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`COUNT VII
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`Service Mark Infringement
`in Violation of 54 P.A. C.S.
`I123
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`97. Plaintiff repeats and realleges each and every allegation contained in paragraph -2
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`through 96 as though set forth fully herein.-
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`registered under Chapter ll of Title 54 of the Pennsylvania Consolidated Statutes.
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`99. Plaintiff has never authorized defendants to use its UNCLATMED JEWELRY sex i '
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`mark in connection with their services.
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`1.00. Defendants have used and continue to use plaintiff’s UNCLAIMED JEWEL
`service mark in advertising of its services in a manner likely to cause confusion or mistake - -ll
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`deceive as to the source of such services.
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`101. Defendants’ use of plaintiffs UNCLATMED JEWELRY scivice mark was
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`remains in bad faith with the intent to cause confusion or niistake or to deceive.
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`I02. Plaintiff has suffered damages as a result of defendants’ wrongful use of
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`UNCLAIMED JEWELRY mark in connection with their services.
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`103. Defendants‘ acts are in violation of 54 P.A. (3.8. 4:5 I123.
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`104. Plaintiff is entitled to an order enjoining defendants’
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`UNCLATMED JEWELRY mark.
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`105. Plaintiff is entitled to a judgment for an amount tl‘lJ'€E
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`further use of plain.
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`times defendants’ «is
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`derived from their use of plaintiff‘s UNCLAIMED JEWELRY mark and the damages suff
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`by plaintiff as well as reasonable attorneys’ fees.
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`-]4-
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`COUNT VIII
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`Service Mark Infringement
`in Violation of 54 RA. C.S.
`‘ 1123
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`through 105 as though set forth fully herein.
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`107. Plaintiff is the owner of the service tnark UNCLAIMED GEMS. which 1‘na'r'i.
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`registered under Chapter 1 1 of Title 54 of the Pennsylvania Consolidated Statutes.
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`108. Plaintiff has never authorized defendants to use its UNCLAIJVIED GEMS sen e
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`mark in connection with their services.
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`10.9. Defendants have used and continue to use plaintiffs UNCLAIMED GEMS sort 1
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`as to the source of such sewices.
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`110. DefendaJ1ts' use of plaintiffs UNCLAIMED GEMS service 1‘l‘l'r.iJ'ii was and rein
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`in bad faith with the intent to cause confusion or mistake or to deceive.
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`l 1 1. Plaintiff has suffered damages as a result of defendants’ wrongful use of is»
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`UNCLAIMED GEMS mark in connection with their services.
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`H2. Defendants’ acts are in violation of 54 PA. (2.8. § 1123.
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`H3. Plaintiff is entitled to an order enjoining defendants‘ further use of plainti
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`UNCLAIMED GEMS mark.
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`114. Plaintiff is entitled to a judgment for an amount three times defendants‘ pro
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`derived from their use of plaintiffs UNCLAIZMED GEMS mark and the damages suffered
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`plaintiff as well as reasonable attorneys’ fees.
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`.15.
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`115. Plaintiff repeats and reallogcs each and every allegation contained in paragrap
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`COUNT IX
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`Service Mark Dilution
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`in Violation of 54 P.A. C.S. § 1124
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`through 1 14 as though set forth fully herein.
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`116.
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`I’I2tintiff‘s UNCLIKIMED DIAMONDS rnarlt
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`Comrnonwealth of Pennsylvania.
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`is distinctive: and fairious in
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`I17. Defendants commenced commercial use of piaintifi“s
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`famous UNCLA
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`DIAMONDS mark after it became famous.
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`118. Defendants‘ unauthorized commercial use of plaintiffs i‘-anions UNCLAIM
`DIAMONDS mark has diluted the distinctive quality of the mark.
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`119. Defendants willfully intended to trade on plaintiffs reputation or to cause dilut ‘-
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`of its famous UNCLAIMED DIAMONDS mark.
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`famous mark.
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`121. Plaintiff has
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`suffered damages
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`UNCLALMED DIAMONDS mark.
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`as a result of defendants‘ dilution of
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`122. Defendants‘ acts are in violation of54 P.A. C.S. § 1124.
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`M3. Plaintiff is entitled to an