Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA624478
`ESTTA Tracking number:
`08/30/2014
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91215133
`Defendant
`Hannon Group Ltd.
`
`HANNON GROUP LTD
`5611 381 AVE
`BURLINGTON, WI 53105
`UNITED STATES
`todd@hannongroup.com, docketing@boylefred.com,ab@boylefred.com
`Response to Board Order/Inquiry
`Todd J. Hannon
`todd@hannongroup.com
`/Todd J. Hannon/
`08/30/2014
`91215133 Response to Board Order Inquiry 14.08.28 copy.pdf(296225 bytes )
`Exhibit A.pdf(404676 bytes )
`Exhibit B.pdf(2624829 bytes )
`Exhibit C.pdf(1021825 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`Applicant
`
`
`Other Party
`
`
`
`
`
`
`
`
`
`91215133
`Defendant
`HANNON GROUP Ltd.
`Plainti(cid:31)
`Reedigroup Limited
`
`Response to Board requirements in the form of
`Response Due dated August 19, 2014
`
`The grounds for this request are as follows:
`
`Hannon Group submits the requested pleadings and documents in support of the motion to
`
`suspend proceedings in light of pending civil action.
`
`This submission includes the following which are attached.
`
`•
`
`•
`•
`
`Exhibit A-- Opposer Reedigroup Limited federal complaint
`(Milwaukee, Wisconsin Federal Court Case No. 14-CV-309)
`Exhibit B—Hannon Group Answer
`Exhibit C-- Supply and Manufacturing Agreement
`
`I have provided an e-mail address herewith for all parties so that any order on this motion may be
`
`issued electronically by the Board.
`Certi(cid:31)cate of Service
`
`The undersigned hereby certi(cid:30)es a copy of this letter has been served upon all parties, at their
`address record by First Class Mail on this date
`
`Respectfully submitted
`/Todd J. Hannon/
`Todd J. Hannon, President, Hannon Group Ltd.
`todd@hannongroup.com, info@hannongroup.com
`docketing@boylefred.com,ab@boylefred.com
`
`08/29/2014
`
`

`
`Exhibit A
`
`Opposer Reedigroup Limited
`federal complaint,
`Federal Court Case No. 14-CV-309
`
`

`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF WISCONSIN
`
`REEDIGROUP, LTD.
`303, 3/F, Sam Cheong Building
`216-220 Des Voeux Road, Central
`Hong Kong
`
`and
`
`YAN FANG JIANG
`No. 1402, Central Fortune Plaza
`Nancheng, Dongguan
`Guangdong
`China
`
`
`
`vs.
`
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`
`
`
`
`
`
`Case No. 14-CV-309
`
`HANNON GROUP, LTD.
`5611 381st Ave.
`Burlington, WI 53105
`
`and
`
`TODD J. HANNON
`5611 381st Ave.
`Burlington, WI 53105
`
`
`
`
`
`
`
`
`
`Defendants.
`
`COMPLAINT
`
`The plaintiffs, Reedigroup, Ltd. ("Reedigroup") and Yan Fang Jiang ("Jiang"), as and for
`
`their complaint against the defendants, allege as follows:
`
`Case 2:14-cv-00309 Filed 03/21/14 Page 1 of 14 Document 1
`
`1
`
`

`
`NATURE OF THE ACTION
`
`1.
`
`This is a civil diversity action for breach of fiduciary duty, breach of contract,
`
`conversion, civil theft under Wisconsin law and tortious inference with contract, all arising out of
`
`a failed business partnership.
`
`PARTIES
`
`1.
`
`The plaintiff, Reedigroup, is a Hong Kong corporation with its principal place of
`
`business located at 303, 3/F, Sam Cheong Building, 216-220 Des Voeux Road, Central, Hong
`
`Kong.
`
`2.
`
`The plaintiff, Jiang, is an adult citizen and resident of China with an address of
`
`No. 1402, Central Fortune Plaza, Nancheng, Dongguan, Guangdong, China. Jiang is the sole
`
`shareholder of Reedigroup.
`
`3.
`
`The defendant, The Hannon Group, Ltd. ("Hannon Group"), is a Wisconsin
`
`corporation with a principal place of business and registered agent's office of 5611 381st Avenue,
`
`Burlington, WI 53105.
`
`4.
`
`The defendant, Todd J. Hannon ("Hannon"), is an adult resident of the State of
`
`Wisconsin with an address of 5611 381st Avenue, Burlington, WI 53105. On information and
`
`belief, Hannon is the sole shareholder of Hannon Group. Hannon is also the registered agent for
`
`Hannon Group.
`
`JURISDICTION AND VENUE
`
`1.
`
`The Court has jurisdiction pursuant to 28 U.S.C. § 1332(a)(2) in that Jiang is a
`
`citizen of China and Reedigroup is a citizen of Hong Kong, and Hannon and Hannon Group are
`
`citizens of Wisconsin.
`
`Case 2:14-cv-00309 Filed 03/21/14 Page 2 of 14 Document 1
`
`2
`
`

`
`2.
`
`Jiang is not lawfully admitted for permanent residency in the United States and,
`
`therefore, is not domiciled in Wisconsin.
`
`3.
`
`4.
`
`The amount in controversy in this action exceeds the sum of $75,000.
`
`Venue is proper in this district pursuant to 28 U.S.C. § 1391(b)(1) in that both
`
`defendants reside in this district.
`
`FACTS
`
`1.
`
`Jiang has a long history of developing, manufacturing and marketing handbags
`
`and related products such as lunch bags. In 2006, Jiang met Hannon who was in China on
`
`business.
`
`2.
`
`Between 2006 and 2008, Jiang assisted Hannon, without compensation, in
`
`resolving manufacturing issues he encountered in China.
`
`3.
`
`On June 3, 2008, Hannon approached Jiang with an offer to form a business
`
`partnership to make insulated lunch bags.
`
`4.
`
`Hannon explained that another company had stopped making lunch bags and that
`
`Hannon and Jiang had an opportunity to enter into that market.
`
`5.
`
`Hannon offered to partner with Jiang and share an interest in the business, share
`
`management of the business and share profits and losses from the business.
`
`6.
`
`Jiang accepted Hannon's offer and intended to enter into a partnership with
`
`Hannon.
`
`7.
`
`Together, Jiang and Hannon designed and developed a brand of insulated lunch
`
`bags.
`
`8.
`
`Jiang and Hannon jointly selected the "Sachi" brand name for the lunch bags and
`
`jointly developed the brand.
`
`Case 2:14-cv-00309 Filed 03/21/14 Page 3 of 14 Document 1
`
`3
`
`

`
`9.
`
`Hannon focused on sales and marketing in the United States, and Jiang focused on
`
`design, sourcing materials, manufacturing in China, and quality control.
`
`10.
`
`On July 28, 2008, Hannon's company, Hannon Group, registered the "Sachi"
`
`trademark in the United States.
`
`11.
`
`At this time, Hannon was not claiming to Jiang that he or his company was the
`
`sole owner of the Sachi trademark or brand. Hannon was continuing to indicate to Jiang that
`
`they were partners and that she had an interest in the brand.
`
`12.
`
`On March 5, 2009, the first commercial orders for Sachi lunch bags were made.
`
`Jiang managed all sourcing, production, quality control and other related issues in the
`
`manufacturing of the lunch bags to fill that order.
`
`13.
`
`In June 2009, Hannon received payment from that first order. The profits from
`
`that order were shared between Jiang and Hannon.
`
`14.
`
`In June 2009, Hannon suggested that Hannon and Jiang formalize their
`
`partnership by forming a Hong Kong company called Reedigroup.
`
`15.
`
`Hannon and Jiang formed Reedigroup and each was a 50% shareholder.
`
`16.
`
`Under the terms of the partnership between Hannon and Jiang, Hannon and his
`
`company, Hannon Group, would solicit and collect orders in the United States. Those orders
`
`would be filled by Reedigroup. Hannon Group would then pay to Reedigroup all of
`
`Reedigroup's manufacturing expenses, plus 16% of the gross revenue collected by Hannon for
`
`the sales in the United States.
`
`17.
`
`On May 11, 2010, Jiang acquired Hannon's shares in Reedigroup and became the
`
`sole shareholder of Reedigroup.
`
`Case 2:14-cv-00309 Filed 03/21/14 Page 4 of 14 Document 1
`
`4
`
`

`
`18.
`
`Hannon and Jiang continued to operate as a partnership with Hannon and Hannon
`
`Group soliciting orders, Jiang and Reedigroup filling those orders and Hannon and Jiang sharing
`
`the profits.
`
`19.
`
`On December 17, 2010 Hannon presented Jiang with a "Supply and
`
`Manufacturing Agreement" which set forth the parties' agreement with respect to the division of
`
`profits generated by the sale of Sachi lunch bags.
`
`20.
`
`Jiang executed the Supply and Manufacturing Agreement on behalf of
`
`Reedigroup.
`
`21.
`
`In executing the Supply and Manufacturing Agreement, Jiang understood and
`
`intended that it documented the way profits had and would be shared, but did not understand or
`
`intend that it had any other effect on her partnership with Hannon.
`
`22.
`
`In 2011, Hannon instructed Reedigroup to invoice Hannon Group under the
`
`Supply and Manufacturing Agreement an amount equal to Reedigroup's cost of manufacture plus
`
`a 25% markup on those costs, rather than Jiang's and Reedigroup's significantly larger share of
`
`the profits called for under the Supply and Manufacturing Agreement (i.e., 16% of the gross
`
`sales plus Reedigroup's cost of manufacture).
`
`23.
`
`Jiang believed there was some reason that Hannon and Hannon Group needed to
`
`account for sales this way, but Jiang and Reedigroup did not intend to amend the Supply and
`
`Manufacturing Agreement in any way.
`
`24.
`
`Although Reedigroup began invoicing Hannon Group in the manner requested by
`
`Hannon, Jiang and Reedigroup believed there would be a reconciliation of the correct amount
`
`due under the Supply and Manufacturing Agreement at some point in the future.
`
`Case 2:14-cv-00309 Filed 03/21/14 Page 5 of 14 Document 1
`
`5
`
`

`
`25.
`
`In 2012, Hannon and Hannon Group requested that Reedigroup invoice Hannon
`
`Group only its manufacturing costs plus a 15% markup on those costs.
`
`26.
`
`Later in 2012, for the two largest orders, Hannon instructed Reedigroup to invoice
`
`Hannon Group only its manufacturing costs plus a 5% markup on those costs.
`
`27.
`
`Reedigroup and Jiang did so for the convenience of Hannon Group and without
`
`the intent to amend the Supply and Manufacturing Agreement.
`
`28.
`
`In 2011, Hannon deducted $477,256.32 from amounts otherwise owed to
`
`Reedigroup under the Supply and Manufacturing Agreement. Jiang and Reedigroup did not
`
`agree to any such deduction and there is no basis for it under the Supply and Manufacturing
`
`Agreement.
`
`29.
`
`In early 2013, Jiang had a discussion with Hannon regarding their partnership.
`
`Since there was only one primary customer for the Sachi brand insulated lunch bags, the
`
`television shopping channel QVC, Inc., Jiang offered to facilitate other sales of Sachi products in
`
`other geographic markets to increase market share.
`
`30.
`
`In response, Hannon announced that he and Hannon Group alone owned the Sachi
`
`brand, and he would market it as he saw fit. This was the first time that Hannon suggested that
`
`he and Hannon Group alone owned the Sachi brand and Jiang and Reedigroup had no interest in
`
`it.
`
`31.
`
`In response, Jiang and Reedigroup started to develop their own brand of insulated
`
`lunch bags and decided to name their new brand "Sava."
`
`32.
`
`In May 2013, Hannon ordered Jiang and Reedigroup to stop the development of
`
`the Sava brand and concentrate all of Reedigroup's resources on the Sachi brand and Hannon
`
`Group. Jiang informed Hannon that if he continued to refuse to pay Reedigroup the proper
`
`Case 2:14-cv-00309 Filed 03/21/14 Page 6 of 14 Document 1
`
`6
`
`

`
`amounts due under the Supply and Manufacturing Agreement, and refused to acknowledge that
`
`Jiang had in interest in the Sachi brand (that she helped develop as Hannon's partner),
`
`Reedigroup would not cease development of the Sava brand.
`
`33.
`
`Thereafter, Hannon enticed some of Reedigroup's employees to begin working for
`
`Hannon Group, established Hannon Group's own office in China, told other employees of
`
`Reedigroup that Reedigroup was moving (thereby disrupting Reedigroup's business), and began
`
`placing orders in the name of Hannon Group directly with Reedigroup's suppliers and
`
`manufacturers, which all caused significant damage to Reedigroup's relationships with its
`
`suppliers.
`
`34.
`
`In June 2013, Hannon contacted one of the manufacturing factories where
`
`Reedigroup was manufacturing Sachi lunch bags, and had all products shipped directly to
`
`Hannon Group. Reedigroup had paid a deposit to the factory for manufacturing those products,
`
`and Hannon Group wrongfully took possession of and exercised control over them.
`
`35.
`
`On June 12, 2013, Hannon Group applied to register the trademark Sava in the
`
`United States even though Hannon Group had nothing to do with the Sava brand and had never
`
`used the trademark. A few days later Hannon Group registered the trademark Sava in Australia.
`
`36.
`
`In February 2014, Reedigroup filed a notice of opposition in response to Hannon
`
`Group's efforts to register the Sava trademark claiming prior use by Reedigroup and fraud by
`
`Hannon Group.
`
`FIRST CLAIM FOR RELIEF: BREACH OF FIDUCIARY DUTY
`(against Hannon)
`
`37.
`
`The plaintiffs incorporate by this reference the allegations in paragraphs 1 through
`
`36 of their complaint.
`
`Case 2:14-cv-00309 Filed 03/21/14 Page 7 of 14 Document 1
`
`7
`
`

`
`38.
`
`Jiang and Hannon entered into a partnership when they agreed to jointly develop
`
`and market the Sachi brand and share the profits.
`
`39.
`
`As such, Hannon owned a fiduciary obligation to Jiang.
`
`40.
`
`Hannon breached his fiduciary obligations by, inter alia:
`
`(cid:120) Claiming that Jiang and Reedigroup have no interest in the Sachi brand;
`
`(cid:120) Exercising unilateral ownership and control over the Sachi brand;
`
`(cid:120) Refusing to share profits with Jiang and Reedigroup in the manner called for
`
`under their partnership and the Supply and Manufacturing Agreement;
`
`(cid:120) Deducting amounts from Jiang and Reedigroup's share of the profits without Jiang
`
`and Reedigroup's authorization;
`
`(cid:120)
`
`Interfering with Jiang and Reedigroup's development and marketing of the Sava
`
`brand;
`
`(cid:120) Wrongfully enticing Reedigroup's employees to quit Reedigroup;
`
`(cid:120) Disrupting Reedigroup's business by informing its employees that Reedigroup
`
`was moving;
`
`(cid:120)
`
`Interfering with Reedigroup's contractual relationships with
`
`the factories
`
`Reedigroup uses to manufacture insulated lunch bags;
`
`(cid:120) Taking possession of, and converting, goods manufactured by Reedigroup's
`
`factories for which Reedigroup had paid deposits; and
`
`(cid:120) Attempting to wrongfully and fraudulently register the Sava trademark in the
`
`United States and other countries.
`
`41.
`
`Hannon's breach of fiduciary duty was a substantial factor in causing damage to
`
`Jiang.
`
`Case 2:14-cv-00309 Filed 03/21/14 Page 8 of 14 Document 1
`
`8
`
`

`
`42.
`
`Jiang has been damaged by Hannon's breach of fiduciary duty in an amount to be
`
`proved at trial.
`
`43.
`
`In breaching his fiduciary duty, Hannon acted maliciously toward Jiang or in
`
`intentional disregard of the rights of Jiang.
`
`SECOND CLAIM FOR RELIEF: BREACH OF CONTRACT
`(against Hannon Group)
`
`
`
`44.
`
`The plaintiffs incorporate by this reference the allegations contained in paragraphs
`
`1 through 43 of their complaint.
`
`
`
`45.
`
`Reedigroup and Hannon Group entered into a "Supply and Manufacturing
`
`Agreement."
`
`46.
`
`Reedigroup performed all of its obligations under the Supply and Manufacturing
`
`Agreement.
`
`
`
`47.
`
`Hannon Group has breached the parties' agreement by failing to pay Reedigroup
`
`all amounts due under the agreement.
`
`
`
`48.
`
`Hannon Group's breach of contract has caused damage to Reedigroup.
`
`49.
`
`Reedigroup has been damaged in an amount to be proved at trial, but no less than
`
`$1,040,000 for past due amounts Hannon admits owing, plus $477,256.32 for amounts
`
`improperly deducted from payments to Reedigroup, plus $600,000 for operating expenses due
`
`under paragraph 2.5 of the Supply and Manufacturing Agreement, plus $1,500,000 for amounts
`
`improperly calculated under paragraph 2.6 of the Supply and Manufacturing Agreement.
`
`THIRD CLAIM FOR RELIEF: BREACH OF IMPLIED DUTY OF GOOD FAITH
`(against Hannon Group)
`
`50.
`
`The plaintiffs incorporate by this reference the allegations contained in paragraphs
`
`1 through 49 of their complaint.
`
`Case 2:14-cv-00309 Filed 03/21/14 Page 9 of 14 Document 1
`
`9
`
`

`
`51.
`
`Reedigroup and Hannon Group entered into the Supply and Manufacturing
`
`Agreement.
`
`52.
`
`As such, Hannon Group owed Reedigroup a duty of good faith.
`
`53.
`
`Hannon Group breached that duty of good faith by, inter alia:
`
`(cid:120) Claiming that Jiang and Reedigroup have no interest in the Sachi brand;
`
`(cid:120) Exercising unilateral ownership and control over the Sachi brand;
`
`(cid:120) Refusing to share profits with Jiang and Reedigroup in the manner called for
`
`under their partnership and the Supply and Manufacturing Agreement;
`
`(cid:120) Deducting amounts from Jiang and Reedigroup's share of the profits without Jiang
`
`and Reedigroup's authorization;
`
`(cid:120)
`
`Interfering with Jiang and Reedigroup's development and marketing of the Sava
`
`brand;
`
`(cid:120) Wrongfully enticing Reedigroup's employees to quit Reedigroup;
`
`(cid:120) Disrupting Reedigroup's business by informing its employees that Reedigroup
`
`was moving;
`
`(cid:120)
`
`Interfering with Reedigroup's contractual relationships with
`
`the factories
`
`Reedigroup uses to manufacture insulated lunch bags;
`
`(cid:120) Taking possession of, and converting, goods manufactured by Reedigroup's
`
`factories for which Reedigroup had paid deposits; and
`
`(cid:120) Attempting to wrongfully and fraudulently register the Sava trademark in the
`
`United States and other countries.
`
`54.
`
`Hannon Group's breach of its implied duty of good faith caused damage to
`
`Reedigroup.
`
`Case 2:14-cv-00309 Filed 03/21/14 Page 10 of 14 Document 1
`
`10
`
`

`
`55.
`
`Reedigroup has been damaged in an amount to be proved at trial.
`
`FOURTH CLAIM FOR RELIEF: CONVERSION
`(against Hannon and Hannon Group)
`
`56.
`
`The plaintiffs incorporate by this reference the allegations contained in paragraphs
`
`1 through 55 of their complaint.
`
`57.
`
`Hannon and Hannon Group convinced Reedigroup's factory manufacturers to
`
`release materials and products to Hannon and Hannon Group even though those materials and
`
`products were owned by Reedigroup.
`
`58.
`
`Hannon and Hannon Group have taken and used the property of Reedigroup
`
`without Reedigroup's consent.
`
`59.
`
`Hannon and Hannon Group took and used Reedigroup's property in a way that
`
`seriously interferes with the right of Reedigroup to control the property.
`
`60.
`
`In taking and using Reedigroup's property, Hannon and Hannon Group have
`
`permanently deprived Reedigroup of possession of its property or deprived it of possession of its
`
`property for an indefinite period of time.
`
`61.
`
`Hannon's and Hannon Group's conversion of Reedigroup's property was a
`
`substantial factor in causing damage to Reedigroup.
`
`62.
`
`Reedigroup has been damaged by Hannon's and Hannon Group's conversion in an
`
`amount to be proved at trial.
`
`63.
`
`In converting Reedigroup's property, Hannon and Hannon Group acted
`
`maliciously toward Reedigroup or in intentional disregard of the rights of Reedigroup.
`
`Case 2:14-cv-00309 Filed 03/21/14 Page 11 of 14 Document 1
`
`11
`
`

`
`FIFTH CLAIM FOR RELIEF: LIABILITY UNDER WIS. STAT. § 895.446 FOR
`CONDUCT PROHIBITED UNDER WIS. STAT. § 943.20
`(against Hannon and Hannon Group)
`
`64.
`
`The plaintiffs incorporate by this reference the allegations contained in paragraphs
`
`1 through 63 of their complaint.
`
`65.
`
`Hannon and Hannon Group convinced Reedigroup's factory manufacturers to
`
`release materials and products to Hannon and Hannon Group even though those materials and
`
`products were owned by Reedigroup.
`
`66.
`
`Hannon and Hannon Group have taken and used the property of Reedigroup
`
`without Reedigroup's consent.
`
`67.
`
`Hannon and Hannon Group intended to deprive Reedigroup permanently of
`
`possession of Reedigroup's materials and products.
`
`68.
`
`Reedigroup has suffered damage or loss by reason of the intentional conduct of
`
`Hannon and Hannon Group.
`
`69.
`
`Pursuant to Wis. Stat. § 895.446(3), Reedigroup is entitled to actual damages in
`
`an amount to be proved at trial, plus all costs of investigation and litigation and exemplary
`
`damages of three times Reedigroup's actual damages.
`
`SIXTH CLAIM FOR RELIEF: TORTIOUS INTERFERENCE
`WITH CONTRACT
`(against Hannon and Hannon Group)
`
`70.
`
`The plaintiffs incorporate by this reference the allegations contained in paragraphs
`
`1 through 69 of their complaint.
`
`71.
`
`Reedigroup had a contractual relationship with its factory manufacturers in China.
`
`72.
`
`Hannon and the Hannon Group interfered with the contractual relationship
`
`Reedigroup had with its factory manufacturers in China.
`
`Case 2:14-cv-00309 Filed 03/21/14 Page 12 of 14 Document 1
`
`12
`
`

`
`73.
`
`Hannon and Hannon Group's interference was intentional.
`
`74.
`
`Hannon and Hannon Group's interference was a substantial factor in causing
`
`damage to Reedigroup.
`
`75.
`
`Hannon and Hannon Group were not justified or privileged to interfere with the
`
`contractual relationship between the Reedigroup and its factory manufacturers.
`
`76.
`
`Reedigroup suffered damages in an amount to be proved at trial as a result of
`
`Hannon and Hannon Group's interference with the Reedigroup's contracts with its factory
`
`manufacturers in China.
`
`WHEREFORE, the plaintiffs demand that judgment be entered as follows:
`
`A.
`
`On the plaintiffs' first claim for relief against Hannon in an amount to be proved
`
`at trial plus punitive damages;
`
`B.
`
`On the plaintiffs' second claim for relief against Hannon Group in an amount to
`
`be proved at trial, but no less than $3,617,256.32;
`
`C.
`
`On the plaintiffs' third claim for relief against Hannon Group in an amount to be
`
`proved at trial;
`
`D.
`
`On the plaintiffs' fourth claim for relief against Hannon and Hannon Group in an
`
`amount to be proved at trial plus punitive damages.
`
`E.
`
`On the plaintiffs' fifth claim for relief against Hannon and Hannon Group in an
`
`amount to be proved at trial, plus three times the plaintiffs' actual damages, plus attorneys' fees,
`
`plus all costs of investigation;
`
`F.
`
`On the plaintiffs' sixth claim for relief against Hannon and Hannon Group in an
`
`amount to be proved at trial;
`
`G.
`
`All of the plaintiffs' statutory costs and disbursements; and
`
`Case 2:14-cv-00309 Filed 03/21/14 Page 13 of 14 Document 1
`
`13
`
`

`
`H.
`
`All other reliefs to which the plaintiffs are entitled at law or in equity.
`
`Date at Milwaukee, Wisconsin this 21st day of March, 2014.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`s/Neal S. Krokosky
`Barry R. White, Wis. Bar No.: 1020117
`Charles R. Stone, Wis. Bar No.: 1077622
`(admission pending)
`Neal S. Krokosky, Wis. Bar No.: 1061620
`Attorney for Plaintiffs, Reedigroup, Ltd. and
`Yan Fang Jiang
`Weiss Berzowski Brady LLP
`700 North Water Street, Suite 1400
`Milwaukee, WI 53202
`Telephone:
`(414) 276-5800
`Facsimile:
`(414) 276-0458
`E-mail:
`brw@wbb-law.com
`crs@wbb-law.com
`nsk@wbb-law.com
`
`Case 2:14-cv-00309 Filed 03/21/14 Page 14 of 14 Document 1
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`14
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`is 44 um um
`
`CIVIL COVER SHEET
`
`The JS 44 civil cover sheet and the information contained hereinneither replace nor supplement the fil_ing and service of pleadings or other papers as required by law, except as
`provided by local rules ofcourt. This fomi, approved by the Judicial Conference ofthe United States in September 1974, is required for the use ofthe Clerk of Court for the
`purpose of initiating the civil docket sheet.
`(SI:7_v‘1NS]R£l(‘]70N_S'0N NITXTPAGE OF THIS FORM)
`
`
`
`I. (a) PLAINTIFFS
`Reedigroup, Ltd.
`Jiang, Yan Fang
`
`DEFENDANTS
`Hannon Group, Ltd.
`Hannon, Todd J.
`
`N/A - Hong Kong
`(b) County of Residence ot‘First Listed Plaintiff
`(EXCEPTIN U.S. PLAINTIFF CAS'l?S)
`
`(C) Attorneys (Firm Name, Address, and Telephone Nrrmber)
`See Rule 7.1 Disclosure for Reedigroup, Ltd. and Yan Fang Jiang
`
`County ofResidence ofFirst Listed Defendant
`(IN U.S. l’LA1NHl<'F CASES ONLY)
`IN LAND CONDEMNATION CASES, USE THE LOCATION OF
`THE TRACT OF LAND INVOLVED.
`
`NOTE:
`
`Attorneys (4fK”0"’")
`
`
`
`
`II. BASIS OF
`D I U S Goverrunent
`Plaintiff
`
`D 3
`
`in One Box Only)
`
`(Place an
`Federal Question
`(US. Government No! a Parry)
`
`
`
`Citizen ofTlris State
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an ‘9(" in One Boxfor Plaintiff
`(For Diversity Carer Onbi)
`and One Boxfor Defendant)
`PTF
`DEF
`PTF
`DEF
`CI
`1
`E l
`E]
`X 4
`
`
`
`U 2 U S Government
`Defendant
`
`U 4 Diversity
`(Indira/e Citizenship ofParliex in I/em 111)
`
`Citizen ofAnot11er State
`
`Citizen or Subject ofa
`Fort: >rr Crrurilw
`
`
`
`F0!!!-‘EITI I R I-‘Jl'F.N.\t,‘I"i'
`E1 625 Drug Related Seizure
`ofProperty 21 USC 881
`Pl 690 Other
`
`IV.
`
`rf’I'rrr‘r‘ an “/\"'/n0m:lIo.rr’Ju.{iJ
`
`PERSONAL INJURY
`II 110 Insurance
`CI 310 Airplane
`Cl 120 Marine
`D 315 Airplane Product
`II 130 Miller Act
`Liability
`II 140 Negotiable Instrument
`l'I
`I50 Recovery oti0verpaynreirt U 320 Assault, Libel &
`& Iirifoieerneiit ofludgnierit
`Slander
`|'I I5l Medicare Act
`ITI 330 Federal linrployers‘
`I3 I52 Recovery ot'DcfauIterI
`Liability
`Student Loans
`ITI 340 Marine
`(Excludes Veterans)
`D 345 Marine Product
`I53 Recovery ol‘Overpayirieirt
`Liability
`ofVcteian’s Berietits
`CI 350 Motor Vehicle
`I60 Stockholders’ Suits
`IT] 355 Motor Vehicle
`Cl
`8 I00 Other Contract
`Product Liability
`|'I
`I95 Contract Prntliict Liability
`CI 360 Other Personal
`Cl
`l‘)(x Franclrise
`Iirjury
`CI 362 Persoiial Injury -
`Mr.'dIr:-.iI Marl nnufrrsr:
`
`CI
`
`PERSONAL INJURY
`D 365 Personal Injury -
`Product Liability
`CI 367 Health Canal
`Pliarnraceutical
`Personal Injury
`Prodiict Liability
`CI 3'68 Asbestos Personal
`Injury Product
`Liability
`PERSONAL PR()|’lCR'I'Y F1 7I0 Fair Labor Standards
`|'I 370 Other Fraud
`'
`D 37| Truth in Lenrling
`ITI 720 Labor/I\«Ianageinent
`D 380 Other Personal
`Relations
`Property Darriage
`Cl 740 Railway Labor Act
`CI 385 Property Damage
`|'I 75I Family and Medical
`Proiluet Liability
`Leave Act
`Fl 790 Other Labor Litigation
`ij 79r Employee Retirenient
`Income Security Act
`
`Incorporated or Principal Place
`ofBusiness In This State
`
`4
`
`El 2
`
`CI
`
`2
`
`Incorporated and Principal Place
`ofBusiness In Another State
`
`E 5
`
`El 5
`
`X 3
`
`D 3
`
`Foreign Nation
`
`El
`
`6
`
`CI 6
`
`D 422 Appeal 28 USC 158
`El 423 Withdrawal
`28 USC 157
`
`D 330 Ctrpyrtglrls
`|'I 830 Patent
`CI 840 Trademark
`
`U Sol HIA (l395ft)
`Fl 862 Black Lung (923)
`Cl 803 DIWC/DIWW (4()5(g))
`D 864 SSID Title XVI
`D 865 RSI (4(J5(g))
`
`!~’I~ZIlER,\l.1}\X stirrs
`CI 870 Taxes (US Plaintiff
`or Defendant)
`D 871 IRS—Third Party
`26 USC 7609
`
`OTI IER s1'.»\'I'lt't‘I~:S
`CI 375 False Claims Act
`CI 400 State Reapportiomnent
`CI 410 Antitrust
`[1 430 Banks and Banking
`CI 450 Commerce
`ITI 460 Deportation
`D 470 Racketeer In [Iueneed and
`Corrupt Orgariizations
`CI 480 Consunicr Credit
`D 490 Cable/Sat TV
`ITI 850 Securities/Cr>inin0rlities/
`Exchange
`[-1 890 0tIierStatritniy Actions
`I-I K‘)! Agrieiiltural Acts
`CI 893 Ilrrvrronrnerrtal Matters
`I-1 X95 Freednrn 0l\IllflII'll1LIlI()l1
`Act
`I-1 896 Arbitration
`rr x99 Administrative Procedure
`Actflleview or Appeal of
`Agency Decision
`D 950 Constitutionality of
`State Statutes
`
`I’Rl.‘i0NF.R1'1-J‘I‘l'I'IUNI-i
`Habeas Corpus:
`II 440 Other Civil Rights
`CI 463 Alien Detainee
`CI 441 Voting
`3 510 Motions to Vacate
`3 442 Employment
`Sentence
`D 443 Housirigj
`CI 530 Genera]
`Accommodations
`II 445 Amer. w/Disabilities - 3 535 Death Penalty
`Employment
`Other:
`3 446 Amer w/Disabilities - 3 540 Mandamus & Other
`Other
`550 Civil Rights
`D 448 Education
`555 Prison Condition
`560 Civil Detainee -
`Conditions of
`Confinement
`
`Cl 462 Narirr:r|i'mIror: Applterrlimi
`CI 465 Other Immigration
`Actions
`
`3C
`
`I3
`
`3 210 Land Condemnation
`CI 220 For eclosure
`II 230 Rent Lease & Ejectruent
`II 240 Torts to Land
`II 245 Tort Product Liability
`II 290 All Other Real Property
`
`V.
`X I Original
`Proceeding
`
`(Place an '9(" in One Bax Only)
`Cl 2 Removed from
`State Court
`
`El
`
`3 Remanded from
`Appellate Court
`
`III 4 Reinstated or
`Reopened
`
`III 6 Multidistrict
`Litigation
`
`Cl 5 Transferred from
`Another District
`r’.i_r:r.'r*r[i')
`Cite the U S. Civil Statute under which you are filing (Do not citejurirdictianal statutes unless diversity):
`28 USC 1332 8 2
`VI. CAUSE OF ACTION
`
`Brief_descripti_on of cause
`A
`
`
`Business dispute regarding sales of goods
`El CHECK IF THIS IS A CLASS ACTION
`VII. REQUESTED IN
`DEMAND S
`CHECK YES only if demanded in complaint:
`COMPLAINT;
`UNDER RULE 23, F R Cv P
`3,617,256.32
`JURY DEMAND:
`D Yes
`la No
`VIII. RELATED CASE(S)
`IF ANY
`
`
`
`DATE
`
`(See in.rIrrrcIr'0ns).'
`
`JUDGE
`SIGNATURE OF ATTORNEY OF RECORD
`
`DOCKET NUMBER
`
`
`03/21/2014
`Neal 8. Krokosky
`FOR OFFICE USE ONLY
`
`RECEIPT #
`
`AMOUNT
`
`APPLYING IFP
`
`II. IDGIZ
`
`MAG. JUDGE
`
`Case 2:14—cv—O0309 Filed 03/21/14 Page 1 of 1 Document 1-1
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`Exhibit B
`
`Hannon Group Answer
`
`-Note Hannon Group Answer has removed
`the repeating of the (cid:31)rst part
`of Complaint
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`Exhibit C
`
`Supply and Manufacturing Agreement
`
`

`
`SUPPLY AND MANUFACTURING AGREEMENT.
`
`Tess sueeur nun MAhII.iFAC|'l..h'-liNG AGREEMENT dated as of December _]i__ 2319. hi
`and between Reedigrc:-up Limited of Hongitong Trade Centre. T!'':'F. 16145?’ Des ‘doc!-=u
`Centrai, i-iongi-tong and the Hannon Group Ltd. of En.nlLu-:r..tt+-.1
`Wisconsin in the
`United States offiimerica.
`
`WITHESSETH
`
`WI-IEREAS. the Fteedigroup Limited activeiv conducts its charter business in and
`around the People’s Republic of China: and
`
`WHEREAS. the iteedigroup Limited maintains no oifice, headquarters, or other
`estahiishment in the United States of America; and
`
`WHEREAS, the Fieedigroup Limited does not and wiil not engage in business in
`
`the United States of America, and
`
`WHEREAS, the iteedigroup Limited is tuilv ahie to contract with a companv to
`produce, manufacture, and fabricate products according to specific detaiied instructions
`within China; and
`
`trademarks, and
`the Hannon Group. Ltd. Has design concepts.
`WHEREAS,
`sample products vvithout limitation and seeks a manufacturer for mass production; and
`
`wHEitE.iI.S, the Fieedigroup Limited is in a position to perform such contractual
`
`obligations, and is wilting to perform the services as an independent partv contracted to
`perform such services for the Hannon Group Ltd. iiiutsidethe United States upon the
`term-.s and confitions set forth herein; and
`
`WHEREAS, the Beedigroup Limited and the Hannon Group Ltd. each expect to
`independently profit from this contractual arrangement;
`
`WHEREAS, the Hannon Group. Ltd. Wishes to engage the services of the
`Reedigroup Limited to perform such services for the Hannon Group, Ltd. outside the
`United States, and the Reefigroup Limited shall not and may not perform such senais,-:5
`uttlin the Limited states; and
`
`wt-LEREAS. the lieedigroup Limited Is -"engaged in the business of product-
`deveiopment, researdingand developing nevvitems, devices; and teclmeIogtes;-and-
`