*11 Crosby &
`11 Higgins LLP
`
`February 1, 2012
`
`Commissioner for Trademarks
`Trademark Trial and Appeal Board
`Attn: Jennifer Krisp
`2900 Crystal Drive
`Arlington, VA 22202-3514
`
`VIA FEDERAL EXPRESS
`
`Re: CommFront Communications PTE. LTD. v. Jeddy Ventures LLC
`(Opposition No. 91202651)
`
`Dear Ms. Krisp:
`
`Matter No. 38900-101
`
`Z5//45", 383
`
`We are writing to inform you that we have been retained as counsel for Opposer CommFront
`Communications PTE. LTD. ("CommFront") in the civil action Applicant Jeddy Ventures LLC
`has filed against CommFront in the United States District Court for the Eastern District of New
`York, Docket No. 11-civ-5710. This action seeks a declaratory judgment of non-infringement
`for the use of its mark, SERIALCOMM, which is the subject of the above-referenced opposition
`proceeding currently pending before the Trademark Trial and Appeal Board (the "TTAB"). A
`true and correct copy of the EDNY Complaint is attached hereto. Due to the commonality of
`facts and law between the disputes, we respectfully request that the TTAB suspend the
`opposition proceeding before it pending the outcome of the civil proceeding pursuant to TTAB
`Manual of Procedure Section 510.02(a).
`
`We sincerely appreciate your assistance with this matter, if you have any questions or would like
`to discuss this further, please feel free to contact me directly at (646) 452-2304.
`
`cc: Panagiota Betty Tufariello, Esq. (cid:9)
`Attorney for Registrant
`
`Mark J. Ingber, Esq.
`Attorney for Petitioner
`
`Sincerely,
`
`Todd A. '!'ns
`
`111111{111111111111111111111111111111111111111111
`02-03-2012
`
`S PatEnt (cid:9)
`
`TM:itc/ill Mail Rcpt EM.#',31
`
`350 Broadway, Suite 300 • New York, NY 10013 • 646-452-2300 ro\r 646-452-2301 E ° www.crosbyhiggins.com
`
`(cid:9)
`(cid:9)
`

`
`NITED STATES DISTRICT COURT
`EASTERN DISTRICT OF NEW YORK
`
`111271111. Page 1 ofF_f e -taD #:
`IN CLERK'S OFFICE
`U.S, DISTRICT COURT CD. NY
`NOV 2 1 2011; (cid:9)
`*
`
`JEDDY VENTURES, LLC, and (cid:9)
`SI1VLA S. ENTERPRISES, LLC
`
`Case NoL.ONG ISLAND OFFICE
`
`Plaintiffs,
`
`. (cid:9)
`
`Defendant.
`
`00 (cid:9)
`COMMFRONT COMMUNICATIONS PTE.
`LTD,
`
`en
`
`s% (cid:9)
`
`COMPLAINT FOR
`DECLARATORY JUDGEMENT
`AND
`JURY TRTAL
`
`CV 11 5710
`HURLEY, J.
`
`NOW COME Plaintiffs. JEDDY VENTURES LLC and SIMA S. ENTERPRISES LLC,
`
`y and through their undersigned attorneys, INTELLECTULAWsm, The Law Offices of P.B.
`
`ufariello, P.C., on their behalf and for their Complaint against the above named Defendant
`
`OMMFRONT COMMUNICATIONS PTE. LTD, allege and aver as follows:
`BROWN M. J
`
`PARTIES
`
`Plaintiff, JEDDY VENTURES LLC is a limited liability company duly organized and
`
`existing under the laws of the state of New Jersey, having a regular and established place
`
`of business at 1298 Evans Road, Wall Township, New Jersey 07719.
`
`Plaintiff SIMA S. ENTERPRISES LLC is a limited liability company duly organized and
`
`existing under the laws of the state of New Jersey, having a regular and established place
`
`of business at 1298 Evans Road, Wall Township, New Jersey 07719. Plaintiff
`
`Upon information and belief, Defendant COMMUNICATIONS PTE. LID (hereinafter
`
`"Defendant') is a company organized and existing under the laws of the sovereign nation
`
`of Singapore and having a place of business at both 50 Tagore Lane, #05-50K,
`
`Entrepreneur Centre SG. Singapore 787494 and at P.O. Box 1893, Rockville, MD 20849,
`
`USA, as well as at 13 Lawngate Ct. Potomac, MD 20854-5508,
`
`OMPLAINT FOR DECLARATORY JUDGMENT AND DEMAND FOR JURY TRIAL; JEDDY
`VENTU S. LLC and &MA S. ENTERPRISES, LLC v, COMMFRONT COMMUNICATIONS PTE., LTD.
`
`(cid:9)
`(cid:9)
`

`
`-O5: 3-[
`
`2./ (cid:9)
`
`11/2111 (cid:9)
`
`; 2 of
`
`S ICTION AND VENUE
`
`This Court has subject matter jurisdiction of this action on the following basis:
`
`a.
`
`b.
`
`Under 28 U.S.C. §§ 2201-02 , the Federal Declaratory Judgement Act;
`
`Under 28 U.S.C. § 1331 since the underlying issues raised in this action arise
`
`under the Laws of the United States, i.e., The Copyright Laws of the United
`
`States, 17 U.S.C. § 501 et. seq. and the Lanham Act, 15 U.S.C. §§s 1114, and
`
`1125 et seq.;
`
`c.
`
`Under 28 U.S.C. § 1338 since the underlying issues raised this action arise under
`
`the Copyright Laws of the United States, 17 U.S.C. § 501 et. seq.; and the
`
`Trademark and Unfair Competition Laws of the United States, i.e., the Lanham
`
`Act, 15 U.S.C. §§s 1114 and 1125 et. seq. ;
`
`d.
`
`Under 15 U.S.C. § 1121 since the underlying issues raised in this action involves
`
`questions arising under the Trademark Laws of the United States, Lanham Act, 1
`
`U.S.C. §§s 1114 and 1125 e1. seq.; and
`
`e.
`
`Under 28 U.S.C. § 1367(a) since this action alleges state law violations that are
`
`part of the same case or controversy as those claims arising under the laws of the
`
`United States.
`
`Personal jurisdiction over Defendant is vested in this Court under N.Y. C.P.L.R. § 302(a)
`
`in view of the fact that; a) upon information and belief, Defendant is a foreign corporation
`
`which operates a website that offers electronic devices and accessories for sale to New
`
`York consumers, permits New York consumers to purchase such electronic devices and
`
`accessories, and facilitates the shipment of such electronic devices and accessories into
`
`the state of New York from either Singapore or Maryland; and b) the claims alleged arise
`
`from acts and conduct both Plaintiffs and Defendant purposefully direct towards New
`
`2 - OMPLAINT FOR DECLARATORY JUDGMENT AND DEMAND FOR JURY TRIAL; JEDDY
`C ad SIMA S. ENTERPRISES, LLC v. COM/vIFRONT COMMUNICATIONS PTE., LTD.
`
`(cid:9)
`

`
`It
`
`2
`
`York residents.
`
`
`
`of
`
`#: 3
`
`Venue is proper in the United States District Court for the Eastern District of New York,
`
`pursuant to 28 U.S.C. §§s I400(a) and 1391(b) -(c) since Defendant is found in this
`
`district, and a substantial portion of the harm sought to be avoided, as well as a
`
`substantial part of the events and omissions giving rise to the claims asserted herein,
`
`occurred within this district.
`
`Venue is proper in the United States District Court for the Eastern District of New York,
`
`pursuant to 28 U.S.C. § 1391(d) since Defendant is an alien corporation.
`
`FACTS COMMON To ALL CLAIMS
`
`JEDDY YENTURE$ LLC
`
`Plaintiff Jeddy Ventures LLC was established in 2009.
`
`Plaintiff Jeddy Ventures LLC is a manufacturer/wholesaler/retailer of commercial and
`
`industrial data communication equipment such as converters, isolators, supressors, serial
`
`repeaters and hubs, USB adapters & Hubs and various other electronic accessories.
`
`0. (cid:9)
`
`Plaintiff Jeddy Ventures LLC's products are fully certified and come with a 30-day
`
`unconditional return guarantee as well as a 5 year manufacturer's warranty.
`
`Plaintiff Jeddy Ventures LLC's products are of the utmost high quality, something that is
`
`particularly important in view of the fact that such products are used to interface
`
`expensive equipment.
`
`Plaintiff Jeddy Ventures LLC's products are industry proven and widely used by
`
`thousands of companies world wide.
`
`Plaintiff Jeddy Ventures LLC is the owner of all rights, title and interest to the U.S.
`
`Trademark Registration No. 3,924,759 for the mark SERIAL COMM DATA
`
`CONVERSION EXPERTS for use in connection with "electronic and optical
`
`OMF'LAINT FOR DECLARATORY JUDGMENT ANT) DEMAND FOR JURY TRIAL; JEDDY
`S. LLC and SEMA S. ENTERPRISES, LLC v. COMMFRONT COMMUNICATIONS PTE., LTD,
`
`

`
`se 2:
`
`-c.-0F7,1„3-DRH-GRP (cid:9)
`
`121fla (cid:9)
`
`7 (cid:9)
`
`cf 17 (cid:9)
`
`#: 4
`
`communications instruments and components, namely serial data converters and
`
`repeaters, optical transmitters, optical receivers, optical data links, optical transceivers,
`
`digital transmitters; Ethernet and fiber-optic conversion version products, namely, Serial
`
`Data Converters, Serial Data Repeaters, Ethernet Switches, Ethernet Data Converters,
`
`Fiber Optic Media Converters."
`
`4.
`
`5.
`
`Plaintiff Jeddy Ventures LLC has been using its mark SERIALCOMM DATA
`
`CONVERSION EXPERTS since May 15, 2009.
`
`Plaintiff Jeddy Ventures LLC is also the owner of all rights title and interest to the U.S.
`
`Trademark Application Serial No. 85/145,383 for the word mark SERJALCOMM for use
`
`in connection with data communications equipment and software, namely, computer
`
`software for network communication, serial data converters, Ethernet and fiber-optic
`
`repeaters, namely, RS-232C, RS-485 and RS-422; Ethernet and fiber-optic software and
`
`equipment, namely, serial data converters and repeaters and computer software for
`
`network communication.
`
`6.
`
`Plaintiff Jeddy Ventures LLC has been using the word mark SERIALCOMM since April
`
`1, 2009.
`
`Plaintiff Jeddy Ventures LLC owns all rights tide and interest to the domain name
`
`www.serialcomm.corn
`
`Plaintiff Jeddy Ventures LLC uses its domain name wwvv.serialcomm.corn to operate a
`
`website through which Plaintiff Jeddy Ventures LLC offers its intemet retail and
`
`wholesale sales services to the public at large, including but not limited to residents
`
`within the state of New York, in connection with data communications equipment and
`
`software, namely, computer software for network communication, serial data converters,
`
`Ethernet and fiber-optic repeaters, namely, RS-232C, RS-485 and RS-422; Ethernet and
`
`fiber-optic software and equipment, namely, serial data converters and repeaters and
`
`computer software for network communication.
`
`pagc 4- OMPLAINT FOR DECLARATORY JUDGMENT AND DEMAND FOR JURY TRIAL; /EDDY
`VENTU ES, LLC and SIMA S. ENTERPRISES, LLC v. COMMFRONT COMMUNICATIONS PTE,, LTD.
`
`

`
`E
`
`057 !,0-&R-GR3 paatrrent
`
`. 1„."1/21/1.1
`
`IL
`
`SIMet S. ENTERPRISES LW
`
`Plaintiff Sima S. Enterprises LLC was established in 2004.
`
`Like Plaintiff Jeddy Ventures LLC, Plaintiff Sima S. Enterprises is a
`
`manufacturer/wholesaler/retailer of commercial and industrial data communication
`
`equipment such as converters, isolators, supressors, serial repeaters and hubs, USB
`
`adapters & Hubs and various other electronic accessories.
`
`Plaintiff Sima S. Enterprises LLC's products are fully certified and come with a 30-day
`
`unconditional return guarantee as well as a 5 year manufacturer's warranty.
`
`Plaintiff Sima S. Enterprises LLC's products are of the utmost high quality, something
`
`that is particularly important in view of the fact that such products are used to interface
`
`expensive equipment.
`
`Plaintiff Sima S. Enterprises LLC's products are industry proven and widely used by
`
`thousands of companies world wide.
`
`Plaintiff Sima S. Enterprises LLC has a license from Jeddy Ventures LLC by which it has
`
`been granted to right to manufacture, use, market, offer to sell, sell and distribute goods,
`
`i.e., electronic and optical communications instruments and components, namely serial
`
`data converters and repeaters, optical transmitters, optical receivers, optical data links,
`
`optical transceivers, digital transmitters; Ethernet and fiber-optic conversion version
`
`products, namely, Serial Data Converters, Serial Data Repeaters, Ethernet Switches,
`
`Ethernet Data Converters, Fiber Optic Media Converters, bearing the mark embodied by
`
`U.S. Trademark Registration No. 3,924,759 for the mark SERIAL COMM DATA
`
`CONVERSION EXPERTS.
`
`Likewise, Sima S. Enterprises LLC has a license fromPlaintiffJeddy Ventures LLC by
`
`which it has also been granted the right to manufacture, use, market, offer to sell, sell and
`
`distribute goods, i,e., data communications equipment and software, namely, computer
`
`Pa
`V
`
`5 OMPLAINT FOR DECLARATORY JUDGMENT AND DEMAND FOR. JURY TRIAL; JEDDY
`tiC and SIMA S. ENTERPRISES, LLC v. CONLMFRONT COMMUNICATIONS PTE., LTD.
`
`

`
`"".
`
`2: (cid:9)
`
`t (cid:9)
`
`ricci 1:121til Page et 17 (cid:9)
`
`: #: 6
`
`software for network communication, serial data converters, Ethernet and fiber-optic
`
`repeaters, namely, RS-232C, RS-485 and RS-422; Ethernet and fiber-optic software and
`
`equipment, namely, serial data converters and repeaters and computer software for
`
`network communication, bearing the mark embodied by U.S. Trademark Application
`
`Serial No. 85/145,383, i.e., the word mark SERIALCOMM.
`
`Plaintiff Sima S. Enterprises LLC is the owner of all rights title and interest to the domain
`
`name www.rs232-cosiverters.com .
`
`Plaintiff Sima S. Enterprises LLC uses its domain name www.rs232-converters.com to
`
`operate a website through which Plaintiff Sima S. Enterprises LLC offers its internet
`
`retail and wholesale sales services to the public at large, including but not limited to
`
`residents within the state of New York, in connection with data communications
`
`equipment and software, namely, computer software for network communication, serial
`
`data converters, Ethernet and fiber-optic repeaters, namely, RS-232C, RS-485 and RS-
`
`422; Ethernet and fiber-optic software and equipment, namely, serial data converters and
`
`repeaters and computer software for network communication.
`
`IL
`
`THE DEFEND4NT AND ITS ACTIVITIES.
`
`Upon information and belief, Defendant is a leading manufacturer of superior-quality
`
`serial converter and software products.
`
`Upon information and belief Defendant has a presence in both the United States and
`
`Singapore.
`
`Upon information and belief, Defendant is the owner of all rights, title and interest to the
`
`U.S. Trademark Registration No. 3,416,200 for the wordmark COMMFRONT for use in
`
`connection with" Computer software for serial and TCP/IP communications, namely,
`
`computer software for monitoring, logging, testing, analyzing, and trouble shooting RS-
`
`232, RS-485, RS-422, TT1„ COMS and TCP/IP Network communications."
`
`page - OMPLAINT FOR DECLARATORY JUDGMENT ANT) DEMAND FOR JURY TRIAL.; JEDDY
`VEN11J3 ES, 1,LC, and SIMA S. ENTERPRISES, LLC v. COMMFRONT COM:vIUNICATIONS PTE,, LTD,
`
`(cid:9)
`

`
`2: .'-ov-0:5710-DRH-ORB 17,)c,c:Jrret (cid:9)
`
`11/21/11. Pa (cid:9)
`
`2 Po:oelD #: 7
`
`Upon information and belief, Defendant is also the owner of all common law rights title
`
`and interest to the mark COMMFRONT in blue and currently green/blue background
`
`bordered below by horizontal red lines with the words "Communication made easy"
`
`underneath in blue, for use in connection with computer software for serial and TCP/IP
`
`communications, namely, computer software for monitoring, logging, testing, analyzing,
`
`and trouble shooting RS-232, RS-485, RS-422, TTI„ COMS and TCP/IP Network
`
`communications.
`
`Defendant owns all rights title and interest to the domain name www.conunfronteom
`
`Defendant uses its domain name www.conunfrontcom to operate a website through
`
`which Defendant offers its internet retail and wholesale sales services to the public at
`
`large, including but not limited to residents within the state of New York, in connection
`
`with computer software for serial and TCP/IP communications, namely, computer
`
`software for monitoring, logging, testing, analyzing, and trouble shooting RS-232, RS-
`
`485, RS-422, TTL, COMS and TCP/IP Network communications.
`
`Upon information and belief, Defendant is the owner of copyrights in certain 2007 and
`
`2008 CommFront Data Sheets, which copyrights are registered with the United States
`
`Copyright Office under Registration Numbers VA0001792214 and VA0001792212
`
`respectively.
`
`On or about November 15, 2011, Jeddy Ventures received a copy of Defendant's Petition
`
`of Cancellation as filed with the Trademark Office.
`
`Defendant's Petition of Cancellation is seeking to cancel Jeddy Ventures' U.S.
`
`Trademark Registration No. 3,924,759 for the mark SERIALCOMM DATA
`
`CONVERSION EXPERTS on the basis that Jeddy Venture's SERIALCOMM mark is
`
`confusingly similar to Defendant's mark COMMFRONT.
`
`Defendant's Petition of Cancellation is further seeking to cancel Jeddy Ventures' U.S.
`
`Trademark Registration No. 3,924,759 for the mark SERIALCOMM DATA
`
`page 7 MPLAINT FOR DECLARATORY JUDGMENT AND DEMAND FOR JURY TRIAL; JEDDY
`S, LLC and SIMA S. ENTERPRISES, LLC v. COMMFRONT COMMUNICATIONS PTE., LTD,
`V (cid:9)
`
`

`
`l`as, 2: 1-7....;:-057 1 0-DiRi-l-GRE3 DTcw (cid:9)
`
`1 (cid:9)
`
`11/21/11 (cid:9)
`
`7. 3 8 of 12 (cid:9)
`
`#: 8
`
`CONVERSION EXPERTS on the basis that Jeddy Venture's SERIALCOMM design
`
`color mark is confusingly similar to Defendant's common law mark COMMFRONT in
`
`blue and currently green/blue background bordered below by horizontal red lines with the
`
`words "Communication made easy" underneath in blue.
`
`Upon information and belief, Defendant adopted and began using its common law mark
`
`COMMFRONT in blue and currently green/blue background bordered below by
`
`horizontal red lines with the words "Communication made easy" underneath in blue, after
`
`Jeddy Ventures adopted its mark SERIALCOMM DATA CONVERSION EXPERTS for
`
`which it has received its U.S. Trademark Registration No. 3,924,759.
`
`Accordingly, by its Petition for Cancellation Defendant fails to state a claim upon which
`
`relief can be granted because the marks as they appear in commerce do not sound the
`
`same, do not look the same and do not convey the same commercial impression.
`
`Further Defendant's Petition for Cancellation is barred by the Doctrine of Laches.
`
`Finally, Defendant's Petition for Cancellation is barred by the Doctrine of Unclean
`
`Hands.
`
`On or about November 16, 2011, Jeddy Ventures received Defendants' NOTIFICATION
`
`OF INFRINGEMENT PURSUANT TO THE DIGITAL MILLENNIUM COPYRIGHT
`
`ACT, i.e., 17 U.S.C. § 512, in which Defendant averred that Jeddy Ventures uses its
`
`websites www.serialcomm.com and www.rs232-converters.com to infringe Defendant's
`
`Copyrights as embodied in Defendant's Copyright Registrations VA0001792214 and
`
`VA0001792212, respectively.
`
`Upon information and belief Defendant's copyright registrations are invalid and therefore
`
`unenforceable.
`
`Upon information and belief Defendant is not the owner of the Copyright.
`
`Upon information and belief, Defendant's allegations of Copyright Infringement are
`
`barred by the doctrine of Fair Use.
`
`Page 8 -
`VENTI.,
`
`OMPLAINT FOR DECLARATORY JUDGMENT AND DEMAND FOR JURY TRIAL; JEDDY
`S, LLC and SIMA S. ENTERPRISES, LLC v. COMMFRONT COMMUNICATIONS PIT., LTD.
`
`

`
`710 (cid:9)
`
`-k3 77:curr: ' Filet iI179c 2 gr.:D.#: 9
`
`Upon information and belief. Defendant's allegations of Copyright infringement are
`
`barred by Laches.
`
`Upon information and belief, Defendant's allegations of Copyright infringement are
`
`barred by Unclean Hands.
`
`First Cairn for Relief
`Claim for Declaratory Judgement of Non-Infringement
`of the mark COMMFRONT
`
`Jeddy Ventures incorporates by reference all of its allegations contained in Paragraphs 1
`
`47 of the present Complaint, as though more fully set forth herein.
`
`Defendant's November 2011 Petition of Cancellation and Defendant's Notification of
`
`Infringement Pursuant to the Digital Millennium Copyright Act create a case of actual
`
`controversy with the meaning of 28 U.S.C. § 2201 et. seq., thus warranting the
`
`declaratory relief sought by Jeddy Ventures in the present claim.
`
`Jeddy Ventures seeks a declaratory judgement and a determination that its use of its mark
`
`SERIALCOMM is not unlawful and does not constitute trademark infringement of
`
`Defendant's mark COMMFRONT. Further, Jeddy Ventures seeks a declaratory
`
`judgement that its Trademark Registration shall not be cancelled, and that it is entitled to
`
`continue to use its mark SERIAL COMM in connection with its goods.
`
`Jeddy Ventures has not acted in bad faith or with any intent to profit from the goodwill, if
`
`any, associated with Defendant's purported mark COMMFRONT.
`
`Plaintiff believed and had reasonable grounds to believe that its use of the term
`
`"SERIALCOMM" in its advertising, marketing and sales materials, and website and
`
`search engine optimization was lawful given the fact that SERIALCOMM does not sound
`
`the same, does not look the same and does not convey the same commercial impression
`
`as COMMFRONT.
`
`3. (cid:9)
`
`In view of the fact that SERIALCOMM does not sound the same, does not look the same
`
`Page 9 -
`VENTU
`
`OMPLAINT FOR DECLARATORY JUDGMENT AND DEMAND FOR JURY 'TRIAL; JEDDY
`S, LLC and SIMA S. ENTERPRISES, LLC v. COMMFRONT COMMUNICATIONS PTE., LTD.
`
`

`
`- ant 1 (cid:9)
`
`ge 10 of :12
`
`t ,
`
`and does not convey the same commercial impression as COMMFRONT, Jeddy
`
`Ventures' use of its mark SERIALCOMM in its advertising, marketing and sales
`
`materials, and website and search engine optimization would not be understood by
`
`Internet users or other members of the public as identifying Defendant
`
`Second Cairn for Relief
`Claim for Declaratory Judgement of Invalidity and Non-Infringement
`of Copyright Registrations VA0001792214 and VA0001792212
`
`Jeddy Ventures incorporates by reference all of its allegations contained in Paragraphs 1-
`
`53 of the present Complaint, as though more fully set forth herein.
`
`Defendant's November 2011 Petition of Cancellation and Defendant's Notification of
`
`Infringement Pursuant to the Digital Millennium Copyright Act create a case of actual
`
`controversy with the meaning of 28 U.S.C. § 2201 et. seq., thus warranting the
`
`declaratory relief sought by Jeddy Ventures in the present claim.
`
`Jeddy Ventures seeks a declaratory judgement and a determination that Copyright
`
`Registrations VA0001792214 and V A0001792212 are invalid, and/or unenforceable or
`
`not infringed. Further, Jeddy Ventures seeks a declaratory judgement that it is entitled to
`
`continue to use and reactivate and make live all of the links set forth in Defendant's
`
`November 16, 2011, Notice of Infringement Pursuant to the Digital Millennium
`
`Copyright Act.
`
`Upon information and belief the copyrights to Defendant's 2007 and 2008 Data Sheets,
`
`which copyrights are registered with the United States Copyright Office under
`
`Registration Numbers VA0001792214 and VA0001792212 are invalid and unenforceab
`
`because they contain numerous things that are not original to the Defendant.
`
`Upon information and belief Defendant's failure to identify which sections in
`
`Defendant's 2007 and 2008 Data Sheets, protected under United States Copyright Office
`
`page 10 COMPLAINT FOR DECLARATORY JUDGMENT AND DEMAND FOR JURY TRIAL; JEDDY
`VENTU S, LLC and S1MA S. ENTERPRISES, LLC v. COMMFRONT COMMUNICATIONS PTE., LTD.
`
`(cid:9)
`

`
`2 -DRA - 2RE? (cid:9)
`
`17-..:3 .3, 7,73/2.1i 33 (cid:9)
`
`32 3 •
`
`Registration Numbers VA0001792214 and VA0001792212, are in fact original to
`
`Defendant and which are not, is misuse of copyrights.
`
`Jeddy Venture's use of any material that is similar to material in Defendant's 2007 and
`
`2008 is legally protected because it falls within the "fair use" provision of the copyright
`
`regulations as defined in 17 U.S.C. § 107.
`
`Defendant's claims are barred by the doctrine of Laches. Jeddy Ventures relied on the
`
`fact that Defendant never brought suit against it, notwithstanding the fact that in 2009,
`
`Defendant threatened to do so.
`
`Defendant's unfair competition acts in an effort to drive Jeddy Ventures out of business,
`
`including Defendant's copying of Jeddy Ventures's website in its totality and posting it
`
`verbatim over multiple domains and intentional interference with future business
`
`relationships, prevent Defendant from seeking any relief under the doctrine of Unclean
`
`Hands.
`
`REQUEST FOR RELIEF
`
`WHEREFORE, Plaintiffs JEDDY VENTURES LLC and SIMA S. EN IhRPRISES
`
`C pray and respectfully request that Judgement be entered:
`
`Holding that Plaintiffs' use of their mark SERIALCOMM is not unlawful and does not
`
`constitute trademark infringement of Defendant's mark COMMFRONT;
`
`Holding that Plaintiffs' websites and links do not constitute copyright infringement of
`
`Defendant's copyrights;
`
`. (cid:9)
`
`Holding that Defendants copyrights are invalid and unenforceable;
`
`Awarding Plaintiffs their costs together with reasonable attorneys fees; and
`
`Granting such other and further relief, whether legal or equitable, to which Plaintiffs are
`
`entitled.
`
`page 11 COMPLAINT FOR DECLARATORY JUDGMENT AND DEMAND FOR JURY TRIAL; JEDDY
`VENT S. LLC and SLMA S. ENTERPRISES, LLC v. COMNIFRONT COMMUNICATIONS PTE., LTD.
`
`

`
`C. (cid:9)
`
``2 : (cid:9)
`
`2
`
`2 1-
`
`I"-,
`
`Plaintiffs hereby demand trial by jury on all issues.
`
`JURY DEMAND
`
`Respectfully Submitted,
`1NTELLECTULAW
`THE LAW OFFICES OF P.B. TUFARIELLO, P.C.
`
`(
`
`Panagiota Betty Tufariello (PBT 3429)
`25 Little Harbor Road
`Mount Sinai, NY 11766
`631-476-8734
`631-476-8737(FAX)
`24yellowaoptonline.net
`info@intelleetulaw.com
`betty@intelleetulaw.com
`
`Attorneys for Plaintiffs
`JEDDY VENTURES, LLC and
`SIMA S. ENTERPRISES, LLC
`
`page 12 COMPLAINT FOR DECLARATORY JUDGMENT AND DEMAND FOR JURY TRIAL; JEDDY
`VENT ES, LLC and SIMA S. ENTERPRISES, LLC v. COMMFRONT COMMUNICATIONS PTE., LTD.
`
`(cid:9)
`

`
`.c.sv-- 9:::).57:LO-DRI-1- :7, eimictsv v",1 siii7str,ri1:1 Page 1 O (cid:9)
`*KIS 44 (Rev trms,3 (cid:9)
`age1D #:
`The IS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided
`by local rules Of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of Initiating
`the civil docket sheet (SEE INSTRUCTIONS ON THE REVERSE OF THE Pipit E D
`L (a) PLAINTIFFS
`IN CLERKS OFFI
`JEDDY VENTURES, LLC (cid:9)
`U.S. D18TRICT COURT E.01$11441FRONT COMMUNICATIONS PTE., LTD.
`a
`SIMA S. ENTERPRISES, LLC (cid:9)
`(b) County of Residence of First Listed Plaintiff wirmcwv., tJ1- 2011 Count* Residence of First Listed Defendant
`
`(EXCEPT IN U.S. PLAINTIFF CASES) (cid:9)
`
`(IN US. PLAINTIFF CASES ON Y)
`NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
`LAND INVOLVED.
`FICE (cid:9)
`Attorneys (If Known)
`
`LONG ISLAND 0
`(e) Attorney's (Finn Nom, Address, and Telephone Number)
`INTELLECTULAW, LAW OFFICES OF P.B.TUFARIELLO,PC,
`25 Little Harbor Road, Mount Sinai, NY 11766, 6314768734 "
`IL BASIS OF JURISDICTION (num au 'X" ill 00e Box Only)
`
`181
`
`0 1 U.S. Government (cid:9)
`Plaintiff (cid:9)
`
`II 3 Federal Question
`(U S. GOVCIIIMCOt Not a Perry)
`
`02 U.S. ODWITODO24
`Defendant (cid:9)
`
`0 4 Diversity
`(Indicate Citizenship of Pardo in Item 111)
`
`Citizen (cid:9)
`
`Citizen of This Stare
`
`other State HittER
`
`Incorporated or Principal Pace (cid:9)
`This State
`of Dust (cid:9)
`
`and Pliacipal Place (cid:9)
`In Another State
`
`Citizen or Subject of I BROWN Filittfir
`Fortino Country
`
`ltox for Plaintiff
`for (cid:9)
`t)
`Pry DES
`o 4 0 4
`
`/I 5 Cl 5
`
`06 (cid:9)
`
`6
`
`0
`ID
`
`. N WILE .Y SUIT
`llt (cid:9)
`1111101Mi
`0 110 Irwarance
`0 120 Marine (cid:9)
`CI 130M/110 Act (cid:9)
`0 MO Megan able Instrumeet
`O 150 Recovery of Overpayment
`&Enfocconent ofhldgment
`0 151 Medicare Ao
`0 152 Recovery of Defaulted
`Student Loans (cid:9)
`(Rol Veterans) (cid:9)
`0 153 Recovery of Overpayment
`of Veteran's Benefits (cid:9)
`160 Moddrolders' Suits
`3 190 Other Connect
`Cl 195 Cornea ?rodeo Usbinty Cl
`0 l9SFranrbi*
`
`Cl
`ID
`
`Cl
`
`is One P,-ye
`';'...1rENIMPIEMIEVETP,* et
`
`31
`315 Airplane Product
`Liability
`20 Assault, Libel &
`Slander
`330 Federal Employers'
`Liability
`340 Moine
`345 MIEU40 Product
`Liability
`350 Motor Vehicle
`355 Motor Vehicle
`Product Liabitity
`360 Other Personal
`
`PERSONAL INJURY
`O 362 Personal Iniat5 -
`MEL Malpractice
`Cl 365 Personal Mazy -
`Product Liability
`C3 368 Asbestos Persona/
`hmay Product
`Liability
`PERSONAL PROPS
`0 370 Other Fraud
`O 371 Truth in Lending
`O 380 Other Personal
`Property Dosage
`O 385 Property Dotage
`Product Lability
`
`IGL.and Coodemnatt
`0 220 Foreclosute
`0 230 Rent Lease & Ejectment
`0 240 Tots to Land
`0 245 Ton Pcoduct Lability
`0 290 All Other /UM PecvertY
`
`441 Voting
`442 Employment
`3 Housing,
`Accommodations
`(;) 444 Welfare
`445 Amer. iv/Disabilities -
`Employment
`446 Amer. Iv/Disabilities -
`Other
`O 140 Other Civil Rights
`
`Vacate
`
`7
`0 791
`
`CI 530 Gomel
`O 535 Death Nulty
`0 540 Mandamus & Other
`O 550 Civil Rights
`0 555 Prison Condition
`
`5174LO1ltaq 141 '1 L.
`0 462 Nal .m16311011 A1iç.cr ti
`1 463 Habeas Corpus -
`Alien Detainee
`0 465 Other Immigration
`Actions
`
`0 610 Amiculhue
`CI 620 Other Food & Drug
`0 625 Drug Related Serum
`of Prceseny 21 USC 881
`0 630 Limier Lows
`CI 640 R.R. & Truck
`650 Airline Rem.
`0 660 Occupational
`Safoy/Hindth
`
`71;:: Fair
`
`Relations
`eponing
`Act
`Act
`r Litigation
`
`Cl 422 Appeal 28 USC 158
`0 423 Withdrawal
`28 USC 157
`
`Copyrights
`830 Patent
`840 Trademark
`
`'4
`
`i61 HIA (1395M
`0 462 Hack Lung (923)
`CI 863 DIWC/DIWW (405 )
`0 ff.4 SSW Title XVI
`ID t'5 RSI 405 1
`
`
`Taxes (US. Plata
`Or W0361114)
`Cl 871 IRS—Third Patsy
`26 USC 7609
`
`400 State Rollepornmunelll
`410 Antitrust
`430 Banks and Banking
`450 Commerce
`460 Dep.:fruition
`O 470 Racketeer Influenced sad
`Corrupt Organizations
`Cl 480 Commis Credit
`•
`490 C.ableatit Tv
`810 Selective Service
`850 SecuritieetConuncalities/
`Exchange
`875 Customer Challenge
`12 USC 34 10
`890 Other Sanatory Action
`091 Agricultural Acts
`892 Economic Stabilization Act
`O 893 Environmental Medal
`O 894 Eaogy Allocatios Act
`O 895 Freedom of illf01111116010
`Act
`O 900Appead of Fes Decemrinatioe
`Under Equal Access
`to Justice
`0 950 Constitutionality of
`State Statutes
`
`V. ORIGIN (cid:9)
`Cit 1 Original (cid:9)
`Proceeding (cid:9)
`
`(Place an' in One Box Only)
`0 2 Removed from (cid:9)
`0 3 Remanded from
`Appellate Court
`State Court (cid:9)
`
`Apneal to District
`4 Reinstated or 01 5 Transferred front 0 6 muitidisvid 0 7 Ju e from
`Ma "strate
`another district (cid:9)
`Litigation (cid:9)
`Reopened (cid:9)
`Jud =tent
`(gpeçifv) (cid:9)
`trAlictratitirlitrIteettillgM
`clIttlangaiut-e017271iiM (cid:9)
`VL CAUSE OF ACTION Brief deuriofion mn.
`Complaint tor Declaratory Judgment of Non-Infringement of Copyright and Trademark
`vrt. REQUESTED IN (cid:9)
`CHECK YES only if demanded in complaint:
`DEMAND s (cid:9)
`0 CHECK IF THIS IS A CLASS ACTION (cid:9)
`COMPLAINT:
`d Yes
`JURY DEMAND: (cid:9)
`ID No
`
`UNDER F.R.C.P, 23 (cid:9)
`VIII. RELATED CASE(S)
`IF ANY (cid:9)
`
`(See it-at/yokes):
`
`JUDGE
`
`DOCKET NUMBER
`
`DATE
`11/21/2011
`SI
`
`RECEIPT 0
`
`AMOUNT
`
`APPLYING (PP
`
`JUDGE
`
`MAG. JUDGE (A6
`
`1I6
`
`(cid:9)
`(cid:9)
`

`
`7;ase (cid:9)
`
`-6;1143'
`
`2 (cid:9)
`
`. 14
`
`Panagiota B. Tufariello
`, counsel for Plaintiffs
`(cid:9) do hereby certify pursuant to the Local
`Arbitration Rule 83.10 that to the best of my knowlite
`belief the damages recoverable in the above captioned civil action exceed the
`sum of $150,000 exclusive of interest and costs. (cid:9)
`Relief other than monetary damages is sought.
`
`DISCLOSURE STATEMENT - FEDERAL RULES CIVIL PROCEDURE 7.1
`
`Identify any parent corporation and any publicly held corporation that owns 10% or more or its stocks: NONE
`
`RELATED CASE STATEMENT (SECTION VIII)
`
`AR c.%aes that are arguably related pursuant to Division of Ttusineal Puie 50.3.1 should be hired in Seatlea VIM on the frost ofthie
`fors. Rule 50.3.1 (a) provider that "A civil cam is "relatasl" to anotht r civil cave for purpoics of this guideline when, because of
`the iiieellerity of facts and legal issues or because the cases arise from e same Ira - Nacdous or e vents,* substantial saving ofjadicial
`mean :s i* likely to result fror assigning both cases to the same judge and m 'ft te judge."
`
`NY-ft DIVISION OF BUSINESS RULE L0.1(d)(2)
`
`Is the civi
`1.)
`County: NO
`
`
`
`• n being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk
`
`2.) If you answered "no" above:
`
`a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or Suffolk
`County? YES
`
`b) _Did the events of omissions giving rise to the claim or claims, or a substantial
`District? YES
`
`Part thereof occur in the Eastern
`
`If your answer to question 2 (b) is "No," does the defendant (or a majority of (cid:9)
`e is more than one) reside in Nassau or
`Suffolk County, or, in an interpleader action, does the claimant (or a majority of the claimants, iftbere is more than one) reside in Nassau
`or Suffolk County? (cid:9)
`
`
`(Note: A corporation shall be considered a resident of the County in which it has the most significant contacts),
`
`BAR ADMISSION
`
`District of New York and currently a member in good standing of the bar of this court
`
`No
`
`subject of any disciplinary action (a) in
`
`or federal court?
`
`(cid:9)(If yes, please explain) (cid:9)
`
`No
`
`am curren
`
`Yes
`
`Are you
`
`Yes
`
`Please provide your E-MAIL address and bar code below. Your bar code consists of the initials of your first and last name and the last four
`digits of your social security number or any other four digit number registered by the attorney with the Clerk of