throbber
Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA629988
`ESTTA Tracking number:
`09/30/2014
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91218321
`Plaintiff
`Evergreen Enterprises, Inc.
`CHERYL BLACK
`EVERGREEN ENTERPRISES
`5915 MIDLOTHIAN TPKE , LEGAL DEPT
`RICHMOND, VA 23225
`UNITED STATES
`legal@myevergreen.com, cherylb@myevergreen.com
`Motion to Amend Pleading/Amended Pleading
`Cheryl L Black
`legal@myevergreen.com
`/CLB/
`09/30/2014
`Amended Notice of Opposition SN86177043 (redlined version).pdf(992144
`bytes )
`Amended Notice of Opposition SN86177043 (clean version).pdf(331249 bytes )
`2010CH Catalog Pages - Exhibit A.pdf(3169001 bytes )
`Original Complaint - Exhibit B.pdf(1392819 bytes )
`Answer - Exhibit C.pdf(44310 bytes )
`First Amended Complaint - Exhibit D.pdf(371862 bytes )
`562 Copyright Reg - Exhibit E.pdf(602208 bytes )
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`EVERGREEN ENTERPRISES, INC.,
`
`Opposer,
`
`Opposition No.: 91218321
`
`V.
`
`Mark: WORKING GIRL PUBLISHING
`
`WORKING GIRLS DESIGN, |NC.,
`
`Filed: January 28, 2014
`
`and Design
`Serial No. 86177043
`
`Applicant.
`
`AMENDED NOTICE OF OPPOSITION
`
`EVERGREEN ENTERPRISES, INC. (“Opposer: or "Evergreen") believes that it is
`
`being and will be damaged by Working Girls Design’s (‘”'WGD" or "Applicant”)
`
`registration of the mark WORKING GIRL PUBLISHING and Design (WGD Design Mark)
`
`for "gift books featuring comedic characters on the subject of women's topics and
`
`issues" in International Class 16 and hereby opposes U.S. Trademark Application Serial
`
`No. 86177043 ("WGD Design Application"). As grounds for its opposition, Evergreen
`
`allege-samends its notice oggosition to allege the following, upon actual knowledge with
`
`respect to Applicant's own acts, and upon information and belief as to the other matters:
`
`

`
`
`
`EVERGREEN and its Artwork
`
`1.
`
`Evergreen started as a home—based flag business. in its 21 years of
`
`existence, it has grown into a national wholesale distributorship of home and garden
`
`decor in the gift industry. Evergreen’s home décor product lines include, among other
`
`things, wine accessories, glassware, serving ware, and napkins.
`
`2.
`
`Evergreen has a long and established relationship with licensed artists
`
`and licensing agencies. it has built its enterprise in partnership with independent
`
`licensed artists and through sports licensing. In addition to licensed artwork, Evergreen
`
`also uses original artwork created by commissioned artists and its in—house graphics
`
`design team.
`
`3.
`
`In 2009, Evergreen’s commissioned artist and in—house graphic art team
`
`created a line of whimsical female caricature art with long accented eyelashes and
`
`painted pucker—shaped lips branded as "i.et’s Taik About Me" and "Under the lvlistietoe"
`
`("Evergreen Art"). This Evergreen Art was created in February 2009 and first appear on
`
`home decor products in Evergreen’s Cypress Home Spring Summer 2010 catalog
`
`published on or about August 2009, and Cypress Home Fall Holiday 2010 catalog
`
`published on or ahout_December 2009. Pages of the catalogs depicting the artwork are
`
`attached as Exhibit A.
`
`4.
`
`Evergreen created a subsequent line of whimsical female caricatures that
`
`are the subject of Civil Action No. 3:14-cv—‘l 59 styled Working Giris Design, inc. V.
`
`Evergreen Enterprises, inc., filed on March 11, 2014 in the United States District Court
`
`for the Eastern District of Virginia ("AppIicant’s Lawsuit”).
`
`

`
`
`
`5.
`
`In the original complaint of Applicant's Lawsuit, Appiicant alleged, among
`
`other things, trademark infringement by Oppcser of Applicant’s WGD Design Mark
`
`identified in Appiication Serial No. 88177043, A copy of the complaint is attached as
`
`Exhibit B. See Ex. B, Tm 91-96.
`
`6.
`
`in its answer to the complaint in Applicants Lawsuit filed on May 21, 2014,
`
`Evergreen alleged that Appticant did not have enforceable common law rights to the
`
`WGD Design Mark, that Applicants use was ornamental and did not constitute
`
`trademark use, and that Applicant had unclean hands in asserting dates of use in the
`
`WGD Design Appiication that pre-dated the creation of the WGD Design Mark. A copy
`
`of the answer is attached as Exhibit C. See Ex. C, ml 124-126.
`
`7.
`
`Applicant subsequently filed an amended complaint in Applicant's Lawsuit
`
`on August 21, 2014 and omitted the trademark infringement claims. A copy of the
`
`amended complaint is attached as Exhibit D.
`
`Apglicant and its WGD Design Mark
`
`8.
`
`According to WGD‘s complaint filed with the District Court, WGD is a
`
`Nevada corporation with its principal business located at 3814 Broadmead Street, Las
`
`Vegas, Nevada 89147. WGD claims to be the owner of the trademark rights asserted in
`
`this opposition. Ex. 13,11 3.
`
`9.
`
`According to WGD's complaint, WGD was established in Las Vegas,
`
`Nevada in 2009 by Jodi Pedri and Tonja Pfannenstiel to create, license and sell artwork
`
`and literary works in the gift and art design industry. Ex. B, 1] 5.
`
`10.
`
`According to WGD’s complaint, among the artwork claimed by WGD are
`
`the design elements of the WGD Design Mark. See Ex. B, ‘M! 91-96. The design
`
`

`
`elements are also alleged to be part of the 2-D artwork in Copyright Registration No.
`
`TXu 1—607—562 issued to Jodi Pedri by the United States Copyright Office on March 23,
`
`2009 (“WGD Copyrighted Design Art”). WGD claims in its complaint that the WGD
`
`Copyrighted Design Art was completed in 2009 but unpublished when the copyright
`
`application was filed on March 23, 2009. See Ex. B, 1] 15. A copy of the copyright
`
`registration and Agplicanfs claimed deposited artwork are attached as Exhibit E.
`
`11.
`
`The WGD Design Application was filed on January 28, 2014 and
`
`published for opposition in the Trademark Official Gazette on July 8, 2014.
`
`12.
`
`According to its pending trademark application, Applicant, by its counsel.
`
`declared under penalty of perjury that the WGD Design Mark was used in commerce on
`
`all the goods identified in the WGD Design Application at least as early as April 20,
`
`2008.
`
`FRAUD
`
`13.
`
`Evergreen repeats and alleges each and every allegation set forth in
`
`Paragraphs 1-12.
`
`14.
`
`According to WGD’s trademark application, Applicant used WGD
`
`Copyrighted Design Art as the WGD Design Mark in the WGD Design Application.
`
`Applicant knowingly claimed first use dates in 2008 that pre—dated the creation and
`
`publication of the WGD Copyrighted Design Art, and hence, the WGD Design Mark in
`
`2009. Compare Ex. B, 11 15, with Ex. B, 11 40. In claiming so, Applicant made a false
`
`representation to the United States Patent and Trademark Office ("USPTO" or "PTO").
`
`

`
`15.
`
`Falsely representing a date of first use in commerce is material to the
`
`registrability of the mark, because the incorrect date of first use will prevent rightful
`
`senior users from asserting rights through prior use.
`
`16.
`
`Applicant intends to deceive the USPTO and obtain a federal trademark
`
`registration for the WGD Design Mark to establish a presumption of validity of federal
`
`trademark rights that pre-date Evergreen Art.
`
`17.
`
`According to Applicant’s amended complaint filed with the District Court,
`
`Applicant withdrew its trademark infringement claims in App|icant’s Lawsuit after
`
`Opposer fiied its answer alleging that Applicant falsified the dates of use in the WGD
`
`Design Application to obtain federal trademark rights in the WGD Design Mark that it did
`
`not have. Compare Ex. B, with Ex. D. Applicant did not withdraw or abandon the WGD
`
`Design Application, nor did it file an amendment to change the dates of use to later
`
`dates. Because Evergreen has already challenged the discrepancies iagalleged use
`
`in commerce, Applicant has knowledge of the falsity of the misrepresentation.
`
`18.
`
`Accordingly, Applicant seeks to obtain a trademark registration
`
`fraudulently with an intent to deceive the USPTO, having knowingly made a false,
`
`material representation of fact regarding the dates of use and not correcting the
`
`misrepresentation before the WGD Design Mark was approved for publication.
`
`Applicant intends to induce the PTO to issue it a registration, and in doing so has
`
`committed fraud upon the USPTO. See in re Bose Corp., 580 F.3d 1240, 91 USPQ2d
`
`1938 (Fed. Cir. 2009); Meckatzer Ldwenbrau Benedikt Weii3 KG 1/. White Gold,i_LC 95
`
`USPQ2d 1185 lTTAB 2010)‘ Melodrama Publishing LLC v. Santiago, Civil Action No.
`
`'l2—Civ. 7830, 2013 WL 1700929, *5-*6 (S.D.N.Y. April 11, 2013};
`
`

`
`
`
`Opposer believes further evidence is likely to be revealed during discovery that would
`
`further support the claim of fraud.
`
`19.
`
`Although Applicant eventually amended" itscomplaint in the District Court
`
`to. remove the trademark claims Applicant’s' original complaint relied on the WGD
`
`Design Application and accused Evergreen of infringing the WGD Design Mark. See Ex._
`
`B
`
`91-96.
`
`20.
`
`Based on the Applicant's original complaint and Applis-ant's conduct during
`
`ongoing litigation, Evergreen reasonably believes that if Applicant succeeds in
`
`registering the WGD Design Mark Applicant will use its fraudulently—obtair1ed
`
`registration against Evergreen in a trademark infringement spit.
`
`t&21. Because registration would provide the Appplioant--witha presumption of
`
`o.wner_s_h_ip' of a valid mark with na'tionwide.pr1eriiy of use Evergreen will be harmed if
`
`Applicant obtains a fraudulentlyobtained registration to secure a presumed aovantage
`
`in an S. bse uentliti ation. _____________________________________________________________________________________
`
`Formatted:Font:(Default)Aria|
`
`$97;For the foregoing reasons, Opposer reason-ably believes that it is and will
`
`be damaged by the registration for the WGD Design Mark based on the dates of use
`
`contained in the record.
`
`WHEREFORE, Evergreen respectfully requests that the opposition be sustained,
`
`and that the registration of the WGD Design Mark in U.S. Trademark Application Serial
`
`No. 86177043 be refused.
`
`

`
`The filing fee hasrwas beewsubmitted electronically with the original Notice of
`
` .
`
`Date:
`
`Respectfully submitted,
`
`EVERGREEN ENTERPRISES, INC.
`By:
`K”
`
`sq.
`
`Cheryl L Bla k,
`Legal Dept
`5915 Nlidlothian Tpke
`Richmond, VA 23225
`800-774-3837
`
`Opposer
`
`

`
`CERTIFICATE OF SERVICE
`
`‘
`
`I certify that a true and accurate copy of the foregoing AMENDED NOTICE OF
`
`OPPOSITION was served by transmission by overnight courier, postage paid on this
`
`may of September, 2014, upon Attorney of Record at the following address:
`
`Emily A. Danchuk, Esq.
`963 Washington Ave #4
`
`Portland, Maine 04103-2853 %
`
`Cheryl L Black
`Counsel
`
`

`
`
`
`
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`EVERGREEN ENTERPRISES, INC.,
`
`Opposer,
`
`Opposition No.: 91218321
`
`Applicant.
`
`WORKING GIRLS DESIGN, INC.,
`
`Filed: January 28, 2014
`
`Mark: WORKING GIRL PUBLISHING
`
`and Design
`"Serial No. 86177043
`
`AMENDED NOTICE OF OPPOSITION
`
`EVERGREEN ENTERPRISES, INC. (“Opposer: or “Evergreen”) believes that it is
`
`being and will be damaged by Working Girls Design’s ("”WGD" or “AppIicant”)
`
`registration of the mark WORKING GIRL PUBLISHING and Design (WGD Design Mark)
`
`for “gift books featuring comedic characters on the subject of women's topics and
`
`issues” in International Class 16 and hereby opposes U.S. Trademark Application Serial
`
`No. 86177043 (“WGD Design Application”). As grounds for its opposition, Evergreen
`
`amends its notice opposition to allege the following, upon actual knowledge with respect
`
`to Applicanfs own acts, and upon information and belief as to the other matters:
`
`

`
`
`
`EVERGREEN and its Artwork
`
`1.
`
`Evergreen started as a home—based flag business. In its 21 years of-
`
`existence, it has grown into a national wholesale distributorship of home and garden
`
`décor in the gift industry. Evergreen’s home decor product lines include, among other
`
`things, wine accessories, glassware, sewing ware, and napkins.
`
`2.
`
`Evergreen has a long and established relationship with licensed artists
`
`and licensing agencies. it has built its enterprise in partnership with independent
`
`licensed artists and through sports licensing. In addition to licensed artwork, Evergreen
`
`also uses original artwork created by commissioned artists and its in-house graphics
`
`design team.
`
`3.
`
`in 2009, Evergreen’s commissioned artist and in—house graphic art team
`
`created a line of whimsicai female caricature art with long accented eyelashes and
`
`painted pucker—shaped lips branded as “Let’s Talk About Me” and “Under the Nlistletoe”
`
`(“Evergreen Art”). This Evergreen Art was created in February 2009 and first appear on
`
`home decor products in Evergreen’s Cypress Home Spring Summer 2010 catalog
`
`published on or about August 2009, and Cypress Home Fall Holiday 2010 catalog
`
`published on or about December 2009. Pages of the catalogs depicting the artwork are
`
`attached as Exhibit A.
`
`4.
`
`Evergreen created a subsequent line of whimsical female caricatures that
`
`are the subject of Civil Action No. 3:14—cv—1 59 styled Working Girls Design, Inc. V.
`
`Evergreen Enterprises, Inc, filed on March 11, 2014 in the United States District Court
`
`for the Eastern District of Virginia (“Applicants Lawsuit").
`
`

`
`Vkw,..wWwMw.,ww.m2mxwu:A
`
`
`
`5.
`
`in the original complaint of App|icant’s Lawsuit, Applicant alleged, among
`
`other things, trademark infringement by Opposer of Applicants WGD Design Mark
`
`identified in Application Serial No. 86177043. A copy of the complaint is attached as
`
`Exhibit B. See Ex. B, ‘H11 91~96.
`
`6.
`
`in its answer to the complaint in Applicants Lawsuit filed on May 21, 2014,
`
`Evergreen alleged that Applicant did not have enforceable common law rights to the
`
`WGD Design Mark, that Applicants use was ornamental and did not constitute
`
`trademark use, and that Applicant had unclean hands in asserting dates of use in the
`
`WGD Design Application that pre~dated the creation of the WGD Design Mark. A copy
`
`of the answer is attached as Exhibit C. See Ex. 0, 111] 124-126.
`
`7.
`
`I Applicant subsequently filed an amended complaint in Applicant's Lawsuit
`
`on August 21, 2014 and omitted the trademark infringement claims. A copy of the
`
`amended complaint is attached as Exhibit D.
`
`Applicant and its WGD Design Mark
`
`8.
`
`According to WGD’s complaint filed with the District Court, WGD is a
`
`Nevada corporation with its principal business located at 3814 Broadmead Street, Las
`
`Vegas, Nevada 89147. WGD claims to be the owner of the trademark rights asserted in
`
`this opposition. Ex. B, 1] 3.
`
`9.
`
`According to WGD’s complaint, WGD was established in Las Vegas,
`
`Nevada in 2009 by Jodi Pedri and Tonja Pfannenstiel to create, license and sell artwork
`
`and literary works in the gift and art design industry. Ex. B, ‘II 5.
`
`10.
`
`According to WGD’s complaint, among the artwork claimed by WGD are
`
`the design elements of the WGD Design Mark. See Ex. B, 111] 91-96. The design
`
`

`
`
`
`
`
`elements are also alleged to be part of the 2-D artwork in Copyright Registration No.
`
`TXu 1—607—562 issued to Jodi Pedri by the United States Copyright Office on March 23,
`
`2009 (“WGD Copyrighted Design Art”). WGD claims in its complaint that the WGD
`
`Copyrighted Design Art was completed in 2009 but unpublished when the copyright
`
`application was filed on March 23, 2009. See Ex. B, 1] 15. A copy of the copyright
`
`registration and Applicants claimed deposited artwork are attached as Exhibit E.
`
`11.
`
`The WGD Design Application was filed on January 28, 2014 and
`
`published for opposition in the Trademark Official Gazette on July 8, 2014.
`
`12.
`
`According to its pending trademark application, Applicant, by its counsel,
`
`declared under penalty of perjury that the WGD Design Mark was used in commerce on
`
`all the goods identified in the WGD Design Application at least as early as April 20,
`
`2008.
`
`FRAUD
`
`13.
`
`Evergreen repeats and alleges each and every allegation set forth in
`
`Paragraphs 1-12.
`
`14.
`
`According to WGD’s trademark application, Applicant used WGD
`
`Copyrighted Design Art as the WGD Design Mark in the WGD Design Application.
`
`Applicant knowingly claimed first use dates in 2008 that pre—dated the creation and
`
`publication of the WGD Copyrighted Design Art, and hence, the WGD Design Mark in
`
`2009. Compare Ex. B, 1] 15, with Ex. B, 1140. In claiming so, Applicant made a false
`
`representation to the United States Patent and Trademark Office (“USPTO” or "PTO”).
`
`

`
`
`
`15.
`
`Falsely representing a date of first use in commerce is material to the
`
`registrability of the mark, because the incorrect date of first use will prevent rightful
`
`senior users from asserting rights through prior use.
`
`16.
`
`Applicant intends to deceive the USPTO and obtain a federal trademark
`
`registration for the WGD Design Mark to establish a presumption of validity of federal
`
`trademark rights that pre-date Evergreen Art.
`
`0
`
`17.
`
`According to App|icant’s amended complaint filed with the District Court,
`
`Applicant withdrew its trademark infringement claims in Applicants Lawsuit after
`
`Opposer flied its answer alleging that Applicant falsified the dates of use in the WGD
`
`Design Application to obtain federal trademark rights in the WGD Design Mark that it did
`
`not have. Compare Ex. B, with Ex. D. Applicant did not withdraw or abandon the WGD
`
`Design Application, nor did it file an amendment to change the dates of use to later
`
`dates. Because Evergreen has already challenged the discrepancies of alleged use in
`
`commerce, Applicant has knowledge of the faisity of the misrepresentation.
`
`18.
`
`Accordingly, Applicant seeks to obtain a trademark registration
`
`fraudulently with an intent to deceive the USPTO, having knowingly made a false,
`
`material representation of fact regarding the dates of use and not correcting the
`
`misrepresentation before the WGD Design Mark was approved for publication.
`
`Applicant intends to induce the PTO to issue it a registration, and in doing so has
`
`committed fraud upon the USPTO. See In re Bose Corp., 580 F.3d 1240, 91 USPQ2d
`
`1938 (Fed. Cir. 2009); Meckatzer Ldwenbrau Benedikt Weifl KG v. White Gold, LLC, 95
`
`USPQ2d 1185 (TTAB 2010); Melodrama Publishing LLC v. Santiago, Civil Action No.
`
`12-Civ. 7830, 2013WL 1700929, *5—*6 (S.D_N.Y. April 11, 2013).. Opposer believes
`
`

`
`
`
`further evidence is likely to be revealed during discovery that would further support the
`
`claim of fraud.
`
`'19.
`
`Although Applicant eventually amended its complaint in the District Court
`
`to remove the trademark claims, Applicant's original complaint relied on the WGD
`
`Design Application and accused Evergreen of infringing the WGD Design Mark. See Ex.
`
`B, 1111 91-96.
`
`20.
`
`Based on the Applicant’s original complaint and Applicants conduct during
`
`ongoing litigation, Evergreen reasonably believes that if Applicant succeeds in
`
`registering the WGD Design Mark, Applicant will use its frauduiently—obtained
`
`registration against Evergreen in a trademark infringement suit.
`
`21.
`
`Because registration would provide the Applicant with a presumption of
`
`ownership of a valid mark with nationwide priority of use, Evergreen will be harmed if
`
`Applicant obtains a fraudulently-obtained registration to secure a presumed advantage
`
`in any subsequent litigation.
`
`22.
`
`For the foregoing reasons, Opposer reasonably believes that it is and wiil
`
`be damaged by the registration for the WGD Design Mark based on the dates of use
`
`contained in the record.
`
`WHEREFORE, Evergreen respectfully requests that the opposition be sustained,
`
`and that the registration of the WGD Design Mark in U.S. Trademark Application Serial
`
`No. 86177043 be refused.
`
`

`
`Ei
`
`i:
`it<
`
`
`
`.m....,.uri:-.v<s~.¢m\z.s-cy-=17//wW.«,«
`
`
`
`
`
`wtar»-.wv\7.~».v,.\\<«v.
`
`
`
`The fiiing fee was submitted electronicaliy with the original Notice of Opposition.
`
`Date: “(MI I4
`
`Respectfuily submitted,
`
`EVERGREEN ENTERPRISES, INC.
`("R
`
`Cheryl L Black, Esq.
`Legal Dept
`5915 Midlothian Tpke
`Richmond, VA 23225
`800-774-3837
`
`Opposer
`
`

`
`
`
`> g
`
`.
`
`v’
`E:3
`
`,r>
`
`
`
`CERTIFICATE OF SERVICE
`
`I certify that a true and accurate copy of the foregoing AMENDED NOTICE OF
`
`OPPOSITION was served by transmission by overnight courier, postage paid on this
`XV
`
`fl day of September, 2014, upon Attorney of Record at the foilowing address:
`
`Emiiy A. Danchuk, Esq.
`963 Washington Ave #4
`Portland, Maine 04103-28 0
`
`Cheryl L Biack
`Counsel
`
`

`
`

`
`
`
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`Step 1: Create Mood Lighting
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`M GET LIT set Includes: clear full size wine
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`Step3: More Drinks
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`Hand-painted Wine
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`Step 7: Coffee Talk
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`
`Case 3:14-cv-00159-JRS Document 1 Filed 03/11/14 Page 1 of 26 PageID# 1
`Case 3:14—Cv—OO159—JRS Document 1 Filed 03/11/14 Page 1 Qf 26 Page|D# 1
`
`ll|L.E
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`
`Richmond Division
`
`RICHMOND, VA
`
`WAR l
`
`l 20M
`
`CLERK, u.s. DISTRICT COURT
`
`.
`No. 5 - I
`
`(LV l 5
`
`JURY TRIAL DEMANDED
`
`§ §
`
`§
`§
`
`§ §
`
`§
`§
`
`§ §
`
`WORKING GIRLS DESIGN, INC.
`
`Plaintiff,
`
`V.
`
`EVERGREEN ENTERPRISES, INC.
`
`Defendant.
`
`ORIGINAL COMPLAINT
`
`Plaintiff Working Girls Design, Inc. (hereinafter “Working Girls Design,” “WGD,” or
`
`“Plaintiff"), by and through its undersigned counsel, hereby files this Original Complaint
`requesting injunctive relief and damages, and upon personal knowledge as to its own acts and
`
`circumstances, and upon information and belief as to the acts and circumstances of others,
`
`alleges as follows:
`
`NATURE OF ACTION AND CLAIMS
`
`This is an action for copyright infringement under 17 U.S.C. § 101 et seq., for trademark
`
`infringement under 15 U.S.C. § 1125, for common law trademark infringement, and for federal
`
`unfair competition under 15 U.S.C. § ll25(a).
`
`JURSIDICTION AND VENUE
`
`1.
`
`This is, in part, an action for copyright infiingement arising out of the U.S.
`
`Copyright Laws, and for unfair competition and trademark infringement arising out of both the
`
`Lanham Act and the Virginia Trademark and Service Mark Act. This Court has jurisdiction
`
`under 15 U.S.C. § 1121, 28 U.S.C. §§ 1331 and l338(a), and under its supplementaljurisdiction.
`EXHIBIT B
`EXHIBIT B
`
`1
`
`

`
`Case 3:14-cv-00159-JRS Document 1 Filed 03/11/14 Page 2 of 26 PageID# 2
`Case 3:14—cv—OO159—JRS Document 1 Filed 03/11/14 Page 2 of 26 Page|D# 2
`
`2.
`
`Venue is proper in this district under 28 U.S.C. § § 1391 and 1400(a) because
`
`Defendant may be found in this Judicial District Judicial District namely its principal office
`
`address as reported by the Virginia State Corporation Commission is 5915 Midlothian Turnpike,
`
`Richmond, VA 23225, and has committed acts of infringement in this Judicial District, and
`
`because a substantial part of the acts or omissions giving rise to Plaintiffs claims occurred in this
`
`District.
`
`PARTIES
`
`3.
`
`Working Girls Design, Inc. is a corporation organized under the laws of the State
`
`of Nevada with its principal place of business located at 3814 Broadmead Street, Las Vegas, NV
`
`89147. Plaintiff is a well-known design and art licensing company that licenses its artwork to
`
`industry leading companies, and creates unique artwork lines incorporated onto products that are
`
`carried nationally and internationally, in retail stores and via the internet.
`
`4.
`
`On information and belief, Defendant Evergreen Enterprises, Inc. (“Evergreen
`
`Enterprises”) is a corporation with a principal place of business located at 5915 Midlothian
`
`Turnpike, Richmond, VA 23225, and is doing business in this jurisdiction. Defendant is a large
`
`distributor of home decor and horneware products throughout the United States.
`
`FACTUAL BACKGROUND
`
`5.
`
`Jodi Pedri and Tonja Pfarmenstiel began creating designs together in 2008, and
`
`Working Girls Design, Inc. was established in Las Vegas, Nevada in 2009. Working Girls
`
`Design is a creative company that creates unique artwork and literary works.
`
`6.
`
`Working Girls Design is the creator and owner of several lines of artwork that
`
`humorousl
`
`Y
`
`address women’s issues such as meno ause, marria e,
`
`re nanc , motherhood and
`
`widowhood.
`
`

`
`Case 3:14-cv-00159-JRS Document 1 Filed 03/11/14 Page 3 of 26 PageID# 3
`Case 3:14—cv—OO159—JRS Document 1 Filed 03/11/14 Page 3 of 26 Page|D# 3
`
`7.
`
`Working Girls Design has been designing, creating,
`
`licensing and selling its
`
`artwork and literary works for approximately six years, and has developed a number of well-
`
`known product lines.
`
`8.
`
`Working Girls Design has established itself in the gift and art design industry, and
`
`its artwork is presently featured on over 1,000 gift products worldwide.
`
`9.
`
`Working Girls Design has spent an enormous amount of time, effort and
`
`resources in establishing goodwill in the gift, design and art industries.
`
`10. Working Girls Design has carefully developed its branding strategy to ensure that
`
`its artwork lines are licensed only to respectable companies in the homeware industry that create
`
`a

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