Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA971558
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`Filing date:
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`05/06/2019
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`91247688
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`Party
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`Correspondence
`Address
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`Submission
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`Filer's Name
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`Filer's email
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`Signature
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`Date
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`Attachments
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`Defendant
`Golden Eye Media USA, Inc.
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`GOLDEN EYE MEDIA USA, INC.
`1000 CAMINO DE LAS ONDAS
`CARLSBAD, CA 92011
`info@lotustrolleybag.com
`no phone number provided
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`Motion to Suspend for Civil Action
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`Ben T. Lila
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`blila@mandourlaw.com, jmandour@mandourlaw.com, ggray@mandourlaw.com
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`/Ben T. Lila/
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`05/06/2019
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`Motion Supsension Civil LOTUS TROLLEY BAGS DESIGN
`05-06-19.pdf(3153830 bytes )
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`

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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`
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`In the Matter of Application Serial No. 87/597,959
`for the mark LOTUS TROLLEY BAG (+Design)
`Published in the Official Gazette on: November 13, 2018
`_________________________________________
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`Trolley Bags UK Ltd,
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`Opposer,
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`v.
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`Golden Eye Media USA, Inc.,
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`Applicant.
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`_________________________________________ )
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`Opposition No. 91247688
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`MOTION TO SUSPEND
`PENDING DISPOSITION OF CIVIL ACTION
`Pursuant to 37 C.F.R. §2.117 and Trademark Trial and Appeal Board Manual of
`Procedure (TBMP) § 510.02(a), Golden Eye Media USA, Inc. (“Applicant”) hereby moves for
`an order suspending this Opposition pending the disposition of Civil Action No. 3:18-cv-02109-
`BEN-LL in the U.S. District Court for the Southern District of California, Golden Eye Media
`USA, Inc. v. Trolley Bags UK Ltd, et al.
`Suspension of a Board proceeding pending the outcome of another proceeding is solely
`within the discretion of the Board. See TBMP §510.02 (Jun. 2018). It is the policy of the Board
`to suspend proceedings when the parties are involved in a civil action that may be dispositive of or
`have a bearing on the Board case. See Trademark Rule 2.117(a); see, e.g., New Orleans Louisiana
`Saints LLC v. Who Dat? Inc., 99 USPQ2d 1550, 1552 (TTAB 2011) (civil action need not be
`dispositive of Board proceeding, but only needs to have a bearing on issues before the Board).
`In the civil action in the Southern District of California, Applicant filed a complaint for,
`inter alia, declaratory relief of non-infringement of Opposer’s alleged TROLLEY BAGS
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`trademark. Opposer subsequently filed an answer and counterclaim alleging Applicant’s use of
`the LOTUS TROLLEY BAGS trademark infringes opposer’s trademark for TROLLEY BAGS.
`A copy of Applicant’s complaint is attached hereto as Exhibit A. A copy of Opposer’s
`current counterclaim is attached hereto as Exhibit B. The subject trademarks alleged in the
`complaint and counterclaim, LOTUS TROLLEY BAGS and TROLLEY BAGS, are the same
`trademarks of the present Board proceeding. The parties’ respective rights to the subject
`trademarks are also a central issue in both this proceeding and the civil litigation. As such,
`Applicant states that the pending civil litigation will have a direct bearing on the proceeding and, as
`such, suspension should be granted.
`Based on the foregoing, applicant respectfully requests that the above-captioned opposition
`proceeding be suspended pending final resolution of Civil Action No. 3:18-cv-02109-BEN-LL.
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`Respectfully submitted,
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`Date: May 6, 2019
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`/Ben T. Lila/
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`MANDOUR & ASSOCIATES, APC
`8605 Santa Monica Blvd., Suite 1500
`Los Angeles, CA 90069
`Telephone: (858) 487-9300
`Email: blila@mandourlaw.com
`Attorneys for Applicant,
`Golden Eye Media USA, Inc.
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`CERTIFICATE OF SERVICE
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`I hereby certify that on the below date a copy of the MOTION TO SUSPEND PENDING
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`DISPOSITION OF CIVIL ACTION has been served via email on the following:
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`J Michael Huget
`HONIGMAN LLP
`315 East Eisenhower Pkwy Ste 100
`Ann Arbor, MI 48108
`Email: jake@wardpatent.com, jenn@wardpatent.com, mhuget@honigman.com,
`mhyde@honigman.com, trademark@honigman.com, litdocket@honigman.com
`Telephone: (734)418-4200
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`Date: May 6, 2019
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`Ben T. Lila, Esq.
`Email: blila@mandourlaw.com
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`EXHIBIT A
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`EXHIBIT A
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`Case 3:18-cv-02109-LAB-JMA Document 1 Filed 09/11/18 PageID.1 Page 1 of 49
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`
`
`MANDOUR & ASSOCIATES, APC
`Joseph A. Mandour (SBN 188896)
`Email: jmanodur@mandourlaw.com
`Ben T. Lila (SBN 246808)
`Email: blila@mandourlaw.com
`8605 Santa Monica Blvd., Suite 1500
`Los Angeles, CA 90069
`Telephone (858) 487-9300
`Attorneys for Plaintiff,
`GOLDEN EYE MEDIA USA, INC.
`
`
`UNITED STATES DISTRICT COURT
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`SOUTHERN DISTRICT OF CALIFORNIA
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`GOLDEN EYE MEDIA USA,
`INC., a California corporation,
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`Plaintiff,
`
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`v.
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`LAB
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`JMA
`
`'18CV2109
` Case No. _______
`
`COMPLAINT FOR DECLARATORY
`JUDGMENT, UNFAIR COMPETITION,
`TORTIOUS INTERFERENCE,
`NEGLIGENT MISREPRESENTATION,
`AND OTHER RELIEF
`
`DEMAND FOR JURY TRIAL
`
`
`
`TROLLEY BAGS UK LTD, a
`corporation of the United
`Kingdom; and BERGHOFF
`INTERNATIONAL, INC., a
`Florida corporation,
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`Defendants.
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`
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`Plaintiff GOLDEN EYE MEDIA USA, INC. (hereinafter “plaintiff”), by
`and through its counsel, alleges as its complaint against defendants TROLLEY
`BAGS UK LTD and BERGHOFF INTERNATIONAL, INC. (hereinafter
`collectively “defendants”) as follows:
`
`
`
`Case No. ____
`COMPLAINT FOR DECLARATORY JUDGMENT, UNFAIR COMPETITION,
`TORTIOUS INTERFERENCE, NEGLIGENT MISREPRESENTATION,
`AND OTHER RELIEF; DEMAND FOR JURY TRIAL
`-1-
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`Case 3:18-cv-02109-LAB-JMA Document 1 Filed 09/11/18 PageID.2 Page 2 of 49
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`JURISDICTION AND VENUE
`This is an action for declaratory relief under federal law pursuant to
`1.
`28 U.S.C. § 2201, et seq., unfair competition under the Lanham Act 15 U.S.C. §
`1125 and California law, and tortious interference and negligent misrepresentation
`under California law.
`
`NATURE OF ACTION
`This is an action for, inter alia, declaratory judgment of non-
`2.
`infringement of the claim of U.S. Design Patent No. D779,828 (“the ‘828 Patent”
`or the “Patent-in-Suit”). A copy of the ‘828 Patent is attached hereto as Exhibit A.
`Plaintiff further seeks, inter alia, a declaratory judgment of non-
`3.
`infringement of the purported trademark TROLLEY BAGS and U.S. Trademark
`Reg. No. 5,126,274.
`
`PARTIES
`Plaintiff GOLDEN EYE MEDIA USA, INC. (“Golden Eye Media”)
`4.
`is a California corporation with an address at: 1000 Camino De Las Ondas
`Carlsbad, California 92011.
`On information and belief, defendant TROLLEY BAGS UK LTD
`5.
`(“Trolley Bags UK”) is a corporation of the United Kingdom with an address at:
`Black Hand Barn, Ash Thomas, Tiverton, United Kingdom EX164AL.
`On information and belief, defendant BERGHOFF
`6.
`INTERNATIONAL, INC. (“Berghoff”) is a Florida corporation with an address at:
`11063 SR 54, Odessa, Florida 33556.
`JURISDICTION AND VENUE
`Jurisdiction in this Court and in the subject matter of this action arises
`7.
`under the Declaratory Judgment Act, 28 U.S.C. §§ 2201, 1331 & 1338, the patent
`laws of the United States 35 U.S.C. § 1, et seq. and the trademark laws of the
`United States, 15 U.S.C. § 1051, et seq. (the “Lanham Act”) with supplemental
`jurisdiction of this Court pursuant to 28 U.S.C. § 1367.
`
`
`
`Case No. ____
`COMPLAINT FOR DECLARATORY JUDGMENT, UNFAIR COMPETITION,
`TORTIOUS INTERFERENCE, NEGLIGENT MISREPRESENTATION,
`AND OTHER RELIEF; DEMAND FOR JURY TRIAL
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`Case 3:18-cv-02109-LAB-JMA Document 1 Filed 09/11/18 PageID.3 Page 3 of 49
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`This Court may exercise personal jurisdiction over the defendants
`8.
`based upon their activities, including their transaction of business, within the
`Southern District of California. Defendants sell their products nationwide,
`including, upon information and belief, within the State of California.
`Defendants purposely availed themselves to the personal jurisdiction
`9.
`of this Court by directing their commercial activity into the State of California and
`the Southern District, including sending plaintiff the letter dated July 13, 2017 (the
`“Demand Letter”), attached hereto as Exhibit B, alleging patent and trademark
`infringement and threatening to take “any legal step” including, without limitation,
`filing a complaint with U.S. Customs and Border Protection
`10. Venue is proper and reasonable in this district under 28 U.S.C. §
`1391(b)(2) because a substantial part of the events or omissions giving rise to this
`claim occurred in this district.
`FACTUAL BACKGROUND
`11. Plaintiff is in the business of selling reusable shopping bags that are
`used with ordinary shopping carts, also known as trolleys.
`12. Defendant Trolley Bags UK is also in the business of selling reusable
`shopping bags.
`13. Defendant Berghoff purports to be the exclusive distributor of Trolley
`Bags UK’s products in the United States.
`14. On or about July 13, 2017, defendant Berghoff through counsel served
`the Demand Letter on plaintiff.
`15. On information and belief, Berghoff sent the Demand Letter as an
`agent of Trolley Bags UK and/or with Trolley Bags UK’s direction and/or
`authorization.
`16. The Demand Letter asserted that plaintiff’s sale of product infringes
`defendant Trolley Bags UK’s ‘828 Patent.
`
`
`
`Case No. ____
`COMPLAINT FOR DECLARATORY JUDGMENT, UNFAIR COMPETITION,
`TORTIOUS INTERFERENCE, NEGLIGENT MISREPRESENTATION,
`AND OTHER RELIEF; DEMAND FOR JURY TRIAL
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`Case 3:18-cv-02109-LAB-JMA Document 1 Filed 09/11/18 PageID.4 Page 4 of 49
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`17. Under an “ordinary observer test,” plaintiff’s product does not and
`cannot infringe the ‘828 Patent. An ordinary observer would not find plaintiff’s
`product “substantially the same” with the claimed design of the ‘828 Patent.
`18. Plaintiff’s product is differentiable from the ‘828 Patent design in,
`inter alia, surface ornamentation, construction, relative dimensions and part
`configuration. Plaintiff’s product therefore does not infringe the ‘828 Patent.
`19. Defendants’ Demand Letter further alleges a likelihood of confusion
`between plaintiff’s use of the trademark LOTUS TROLLEY BAGS and
`defendants’ use of the term TROLLEY BAGS, which is also the subject of the
`design mark described in U.S. Trademark Reg. No. 5,126,274.
`20. On October 24, 2017, the USPTO rejected Trolley Bags’ trademark
`application for TROLLEY BAGS under Section 2(e)(1) of the Lanham Act on the
`basis that the term “trolley bags” is merely descriptive and thus not entitled to
`trademark protection or registration.
`21. Specifically, the USPTO cited that the Oxford Dictionary defines,
`“trolley” as “a large metal basket or frame on wheels, used for transporting heavy
`or large items, such as supermarket purchases” and “bags” is defined as
`“container[s] made of flexible material with an opening at the top, used for
`carrying things.”
`22. The USPTO’s rejection was consistent with a prior rejection it made
`in Trolley Bags’ application for U.S. Trademark Reg. No. 5,126,274 on March 14,
`2016. Moreover, Trolley Bags declined to challenge the USPTO assertion and
`instead admitted that the term TROLLEY BAGS is merely descriptive and
`disclaimed the term on September 10, 2016.
`23. The term “trolley bags” is generic and/or merely descriptive because it
`comprises nothing more than a description of the product to which defendant and
`plaintiff sell. As such, defendants are not entitled to any trademark protection for
`use of the term “trolley bags”.
`
`
`
`Case No. ____
`COMPLAINT FOR DECLARATORY JUDGMENT, UNFAIR COMPETITION,
`TORTIOUS INTERFERENCE, NEGLIGENT MISREPRESENTATION,
`AND OTHER RELIEF; DEMAND FOR JURY TRIAL
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`Case 3:18-cv-02109-LAB-JMA Document 1 Filed 09/11/18 PageID.5 Page 5 of 49
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`24. Additionally, plaintiff sells products using the trademark LOTUS
`TROLLEY BAGS, which is different in sight, sound and commercial impression.
`Moreover, plaintiff’s commercial activities are distinguishable from defendants
`and are not likely to cause consumer confusion.
`In addition to the Demand Letter and corresponding with plaintiff,
`25.
`defendants, jointly or individually, have contacted the main retailer of plaintiff’s
`products Amazon.com, Inc. (“Amazon”).
`26. On information and belief, defendants has submitted multiple
`complaints to Amazon causing wrongful removal of plaintiff’s product for sale on
`Amazon’s website, Amazon.com.
`27. On information and belief defendants have negligently misrepresented
`to Amazon the extent of their purported patent and trademark rights, including
`without limitation, misrepresenting the fact that:
` Trolley Bags UK disclaimed the term “trolley bags” as unprotectable
`under trademark law;
` Plaintiff’s product clearly does not fall within the scope of the ‘828
`Design Patent; and
` Trolley Bags UK, not Berghoff, holds any alleged patent and
`trademark rights.
`28. Despite defendants’ complaints, Amazon has on multiple occasions
`reinstated plaintiff’s product listing as a rejection of defendants’ false and
`misleading claims of infringement. Although Amazon has rejected defendants’
`complaints, defendants have submitted more than a dozen complaints of plaintiff’s
`products to Amazon.
`
`
`
`Case No. ____
`COMPLAINT FOR DECLARATORY JUDGMENT, UNFAIR COMPETITION,
`TORTIOUS INTERFERENCE, NEGLIGENT MISREPRESENTATION,
`AND OTHER RELIEF; DEMAND FOR JURY TRIAL
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`Case 3:18-cv-02109-LAB-JMA Document 1 Filed 09/11/18 PageID.6 Page 6 of 49
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`29. Due to Amazon’s partially automated system, defendants’ wrongful,
`false, and misleading complaints has caused temporary interruption and
`interference with plaintiff’s listing and sale of products. As a result, defendants
`have prevented sales of at least $150,000 during the temporary periods of being
`delisted by Amazon’s system. Attached hereto as Exhibit D, is a graph showing
`the diminution of plaintiff’s sales caused by defendants’ false and/or misleading
`complaints.
`30. On information and belief, plaintiff further alleges that defendants
`contacted plaintiff’s other third-party retailers to make similar false and misleading
`statements regarding defendants’ invalid claim of infringement in order to interfere
`with plaintiff’s current and prospective economic relationship with its retailers.
`
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`CLAIMS FOR RELIEF
`First Claim for Relief
`(Declaratory Judgment of Non-Infringement of the ‘828 Patent
`against Defendant Trolley Bags UK)
`31. Plaintiff repeats and incorporates by reference the statements and
`allegations in paragraphs 1 to 30 of the complaint as though fully set forth herein.
`32. There exists an actual, substantial, and immediate controversy
`between Golden Eye Media and Trolley Bags concerning Golden Eye Media’s
`alleged liability for infringement of the ‘828 Patent.
`33. The controversy was, at least in part, created by Berghoff’s
`correspondence on behalf Trolley Bags UK to Golden Eye Media alleging patent
`infringement and demanding, among other things, cessation of sales and an
`accounting of profits.
`34. Golden Eye Media unequivocally asserts that it does not infringe the
`‘828 Patent. Prior to defendants’ correspondence, plaintiff had no constructive or
`actual notice of the ‘828 Patent.
`
`
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`Case No. ____
`COMPLAINT FOR DECLARATORY JUDGMENT, UNFAIR COMPETITION,
`TORTIOUS INTERFERENCE, NEGLIGENT MISREPRESENTATION,
`AND OTHER RELIEF; DEMAND FOR JURY TRIAL
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`Case 3:18-cv-02109-LAB-JMA Document 1 Filed 09/11/18 PageID.7 Page 7 of 49
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`35. Plaintiff is entitled to a judgment declaring that it does not infringe,
`and has not infringed, the claim of the ‘828 Patent by making, using, selling or
`offering to sell plaintiff’s products, either literally or under the doctrine of
`equivalents.
`36. Plaintiff seeks a declaratory judgment to resolve plaintiff and
`defendant’s respective rights regarding defendant Trolley Bags claim of patent
`infringement.
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`Second Claim for Relief
`(Declaratory Judgment of Non-Infringement of the trademark
`TROLLEY BAGS and U.S. Trademark Reg. No. 5,126,274
`against Defendant Trolley Bags UK)
`37. Plaintiff repeats and incorporates by reference the statements and
`allegations in paragraphs 1 to 36 of the complaint as though fully set forth herein.
`38. There exists an actual, substantial, immediate controversy between
`Golden Eye Media and Trolley Bags UK concerning Golden Eye Media’s alleged
`liability for infringement for use of the trademark LOTUS TROLLEY BAG.
`39. The controversy was in part created by virtue of Berghoff’s
`correspondence on behalf Trolley Bags UK to Golden Eye Media alleging
`trademark infringement and a likelihood of consumer confusion and demanding,
`among other things, cessation of use of plaintiff’s trademark and an accounting of
`profits.
`40. Golden Eye Media unequivocally asserts that it does not infringe any
`purported trademark of defendants. Prior to defendants’ correspondence, plaintiff
`had no constructive or actual notice any claim of trademark rights to the mark
`TROLLEY BAGS.
`41. Defendants’ purported TROLLEY BAG trademark is generic and/or
`merely descriptive without secondary meaning. Thus, defendants are not entitled
`to any trademark protection.
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`
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`Case No. ____
`COMPLAINT FOR DECLARATORY JUDGMENT, UNFAIR COMPETITION,
`TORTIOUS INTERFERENCE, NEGLIGENT MISREPRESENTATION,
`AND OTHER RELIEF; DEMAND FOR JURY TRIAL
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`Case 3:18-cv-02109-LAB-JMA Document 1 Filed 09/11/18 PageID.8 Page 8 of 49
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`42. Plaintiff’s use of LOTUS TROLLEY BAG is not confusingly similar
`to any alleged trademark of defendants, including without limitation TROLLEY
`BAG and the design that is the subject of U.S. Trademark Reg. No. 5,126,274.
`43. Plaintiff is entitled to a judgment declaring that it does not infringe
`and has not infringed the purported TROLLEY BAGS trademark or designation.
`44. Plaintiff seeks a declaratory judgment to resolve plaintiff and
`defendant’s respective rights regarding defendant TROLLEY BAGS claim of
`trademark infringement.
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`Third Claim for Relief
`(Interference with Prospective of Contractual Economic Relations
`against all defendants)
`45. Plaintiff repeats and incorporates by reference the statements and
`allegations in paragraphs 1 to 44 of the complaint as though fully set forth herein.
`46. Plaintiff has enjoyed an economic relationship with Amazon, third-
`party retailers and its customers that was an economic benefit to plaintiff.
`47. Plaintiff also has prospective economic relations with certain
`customers and prospective customers which would be of economic benefit to
`plaintiff.
`48. Defendants knew of the existence of plaintiff’s economic relationship
`or prospective economic relations with Amazon, third-party retailers, customers
`and prospective customers.
`49. Defendants intentionally or negligently interfered in these economic
`relationships, causing a breach of the relationships with no privilege to do so.
`50. Also, defendants intentionally and improperly interfered with
`plaintiff’s prospective contractual or economic relations by inducing or causing the
`customer and/or prospective customer not to enter into or continue its prospective
`relationship with plaintiff or has prevented plaintiff from acquiring or continuing
`its prospective relations.
`
`
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`Case No. ____
`COMPLAINT FOR DECLARATORY JUDGMENT, UNFAIR COMPETITION,
`TORTIOUS INTERFERENCE, NEGLIGENT MISREPRESENTATION,
`AND OTHER RELIEF; DEMAND FOR JURY TRIAL
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`Case 3:18-cv-02109-LAB-JMA Document 1 Filed 09/11/18 PageID.9 Page 9 of 49
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`51. Defendants actions have been without justification or privilege.
`52. Defendant’s acts, as set forth above constitute tortious interference, all
`to the damage of plaintiff as previously alleged.
`Fourth Claim for Relief
`(Negligent Misrepresentation against all Defendants)
`53. Plaintiff repeats and incorporates by reference the statements and
`allegations in paragraphs 1 to 52 of the complaint as though fully set forth herein.
`54. On information and belief, defendants misrepresented to Amazon and
`third-party retailers that Berghoff had the right to enforce the trademarks and
`patent of Trolley Bags UK. Defendants further misrepresented that plaintiff
`infringed defendants’ trademark rights, despite having no reasonable basis for
`believing that the term “trolley bags” was protectable. Defendants further
`misrepresented that plaintiff infringed defendants’ patent rights, despite having no
`reasonable basis for believing plaintiff’s product was within the scope of the claim
`of the ‘828 Patent.
`55. Defendants’ acts, as set forth above, constitute negligent
`misrepresentation, all to the damage of plaintiff as previously alleged.
`Fifth Claim for Relief
`(Unfair Competition 15 U.S.C. § 1125
` against all defendants)
`56. Plaintiff repeats and incorporates by reference the statements and
`allegations in paragraphs 1 to 55 of the Complaint as though fully set forth herein.
`57. By reason of the foregoing unlawful acts recited in the paragraphs
`above, plaintiff has been irreparably harmed and will continue to suffer damage
`until an appropriate injunction and damages award, including increased treble
`damages and attorneys’ fees, are imposed by this court against defendant.
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`Case No. ____
`COMPLAINT FOR DECLARATORY JUDGMENT, UNFAIR COMPETITION,
`TORTIOUS INTERFERENCE, NEGLIGENT MISREPRESENTATION,
`AND OTHER RELIEF; DEMAND FOR JURY TRIAL
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`Case 3:18-cv-02109-LAB-JMA Document 1 Filed 09/11/18 PageID.10 Page 10 of 49
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`Sixth Claim for Relief
` (State Law Unfair Competition – Cal. Bus. & Prof. Code § 17200
`Against All Defendants)
`58. Plaintiff repeats and incorporates by reference the statements and
`allegations in paragraphs 1 to 57 of the complaint as though fully set forth herein.
`59. Defendant’s acts, as set forth above constitute unfair competition as
`defined in California Business and Professions Code § 17200, et seq., all to the
`damage of plaintiff as previously alleged.
`Seventh Claim for Relief
` (Common Law Unfair Competition Against All Defendants)
`60. Plaintiff repeats and incorporates by reference the statements and
`allegations in paragraphs 1 to 59 the complaint as though fully set forth herein.
`61. Defendants’ acts, as set forth above, constitute unfair competition as
`defined under California common law, all to the damage of plaintiff as previously
`alleged.
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`PRAYER FOR RELIEF
`WHEREFORE, Plaintiff asks that this Court grant judgment against
`defendants for the following:
`A. Defendants, their officers, agents, servants, employees, and attorneys,
`and all persons in active concert or participation with any of them, be
`temporarily restrained and preliminarily and permanently enjoined from:
`interfering with plaintiff’s economic and prospective relationship
`i.
`with Amazon and plaintiff’s customers, including sending false or
`misleading complaints of infringement to Amazon or plaintiff’s
`customers;
`unfairly competing with plaintiff;
`conspiring, encouraging, inducing, allowing, abetting, or assisting
`
`ii.
`iii.
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`
`
`Case No. ____
`COMPLAINT FOR DECLARATORY JUDGMENT, UNFAIR COMPETITION,
`TORTIOUS INTERFERENCE, NEGLIGENT MISREPRESENTATION,
`AND OTHER RELIEF; DEMAND FOR JURY TRIAL
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`Case 3:18-cv-02109-LAB-JMA Document 1 Filed 09/11/18 PageID.11 Page 11 of 49
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`others in performing any of the activities referred to in
`subparagraphs (i) - (ii) above.
`B. Defendants shall file with the Court and serve on plaintiff, within 30
`days after the entry and service on defendant of an injunction, a report in
`writing and attested to under penalty of perjury setting forth in detail the
`manner and form in which defendant has complied with the provisions of
`subparagraph (A) above.
`C. Declaring plaintiff has not and does not infringe U.S. Design Patent
`No. D779,828.
`D. Declaring plaintiff has not and does not infringe U.S. Trademark
`Reg. No. 5,126,274 or any other trademark of defendants.
`E. Declaring defendant Trolley Bags UK’s trademark and/or designation
`TROLLEY BAGS is invalid and unenforceable.
`Declaring defendant Trolley Bags UK’s trademark and/or designation
`F.
`U.S. Trademark Reg. No. 5,126,274 is invalid and unenforceable to the
`extent it is disclaimed and descriptive .
`Plaintiff recovers all damages it has sustained as a result of
`G.
`defendants’ tortious interference and negligent misrepresentation.
`Plaintiff be awarded its reasonable attorneys’ fees for prosecuting this
`H.
`action.
`Plaintiffs recover its costs of this action and pre-judgment and post-
`I.
`judgment interest, to the full extent allowed by law.
`Plaintiff be awarded punitive damages pursuant to California law.
`J.
`
`Case No. ____
`COMPLAINT FOR DECLARATORY JUDGMENT, UNFAIR COMPETITION,
`TORTIOUS INTERFERENCE, NEGLIGENT MISREPRESENTATION,
`AND OTHER RELIEF; DEMAND FOR JURY TRIAL
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`Case 3:18-cv-02109-LAB-JMA Document 1 Filed 09/11/18 PageID.12 Page 12 of 49
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`MANDOUR & ASSOCIATES, APC
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`MANDOUR & ASSOCIATES, APC
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`/s/ Ben T. Lila
`
`Ben T. Lila (SBN 246808)
`Email: blila@mandourlaw.com
`Attorneys for Plaintiff,
`GOLDEN EYE MEDIA USA, INC.
`
`
`
`Case No. ____
`COMPLAINT FOR DECLARATORY JUDGMENT, UNFAIR COMPETITION,
`TORTIOUS INTERFERENCE, NEGLIGENT MISREPRESENTATION,
`AND OTHER RELIEF; DEMAND FOR JURY TRIAL
`-12-
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`Plaintiff receive all other relief the Court deems appropriate.
`K.
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`Respectfully submitted,
`
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`Dated: September 10, 2018
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`s/ Ben T. Lila
`
`Ben T. Lila (SBN 246808)
`Email: blila@mandourlaw.com
`Attorneys for Plaintiff,
`GOLDEN EYE MEDIA USA, INC.
`
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`JURY DEMAND
`Plaintiff demands a trial by jury of all issues so triable.
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`Case 3:18-cv-02109-LAB-JMA Document 1 Filed 09/11/18 PageID.13 Page 13 of 49
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`EXHIBIT A
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`Case 3:18-cv-02109-LAB-JMA Document 1 Filed 09/11/18 PageID.14 Page 14 of 49
`
`USOOD779828S
`
`(12) United States Design Patent (10) Patent No.:
`Cronkshaw
`(45) Date of Patent:
`
`US D779,828 S
`Feb. 28, 2017
`
`(54) FOLDABLE BAG
`
`(71) Applicant: TROLLEY BAGS UK LTD, Tiverton
`(GB)
`
`(72) Inventor: Joby Cronkshaw, Tiverton (GB)
`
`(73) Assignee: TROLLEY BAGS UK LTD., Tiverton
`(GB)
`
`(**) Term:
`
`15 Years
`
`(21) Appl. No.: 29/546,056
`
`(22) Filed:
`
`Nov. 18, 2015
`
`(30)
`
`Foreign Application Priority Data
`
`May 19, 2015 (EM) ......................... OO27O3363-OOO1
`(51) LOC (10) Cl. ............................................... 03-02
`(52) U.S. Cl.
`USPC ........................................................... D3A315
`(58) Field of Classification Search
`USPC .......................... D3/232, 233, 246, 276, 315
`CPC .......... A45C 7/009; A45C 7/0077; A45C3/04
`See application file for complete search history.
`
`(56)
`
`References Cited
`
`U.S. PATENT DOCUMENTS
`
`7/2001 Starck ............................ D3/276
`D444,297 S *
`D548.459 S * 8/2007 Harvey .......................... D3/246
`D562,555 S * 2/2008 Shapiro .......................... D3/303
`D572.472 S * 7/2008 Saconay-Duhart ............ D3/246
`D630,844 S *
`1/2011 Wang ............................. D3/232
`D720,131 S * 12/2014 Siegel ............................ D3/233
`
`
`
`9,144.278 B2 * 9/2015 Morrow ................... A45C 3/04
`D768,378 S * 10/2016 Schilp ............................ D3/232
`2004/0020813 A1
`2/2004 Moeller ................. A45C 11.00
`206.425
`
`FOREIGN PATENT DOCUMENTS
`
`EM
`EM
`IE
`
`OO17264.72-0001
`OO17264.72-OOO2
`09/0718
`
`6, 2010
`6, 2010
`6, 2010
`
`* cited by examiner
`
`Primary Examiner — Charles Hanson
`(74) Attorney, Agent, or Firm — Crose Law LLC;
`Bradley D. Crose
`CLAM
`(57)
`The ornamental design for a foldable bag, as shown and
`described.
`
`DESCRIPTION
`
`FIG. 1 is a front perspective view of a foldable bag showing
`my new design:
`FIG. 2 is a top perspective view thereof;
`FIG. 3 is a side perspective view thereof;
`FIG. 4 is a second front perspective view thereof;
`FIG. 5 is a front plan view thereof;
`FIG. 6 is a third front perspective view thereof;
`FIG. 7 is an end perspective view thereof;
`FIG. 8 is a an end plan view thereof;
`FIG. 9 is a bottom plan view thereof; and,
`FIG. 10 is a top plan view thereof.
`The broken lines shown in the drawings are included for the
`purpose of illustrating environmental structure and form no
`part of the claimed design.
`
`1 Claim, 10 Drawing Sheets
`
`

`

`Case 3:18-cv-02109-LAB-JMA Document 1 Filed 09/11/18 PageID.15 Page 15 of 49
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`U.S. Patent
`
`Feb. 28, 2017
`
`Sheet 1 of 10
`
`US D779,828 S
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`
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`F.G. 1
`
`

`

`Case 3:18-cv-02109-LAB-JMA Document 1 Filed 09/11/18 PageID.16 Page 16 of 49
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`U.S. Patent
`
`Feb. 28, 2017
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`Sheet 2 of 10
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`US D779,828 S
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`
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`SNy.
`
`FG. 2
`
`

`

`Case 3:18-cv-02109-LAB-JMA Document 1 Filed 09/11/18 PageID.17 Page 17 of 49
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`U.S. Patent
`
`Feb. 28, 2017
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`Sheet 3 of 10
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`US D779,828 S
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`
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`FG. 3
`
`

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`Case 3:18-cv-02109-LAB-JMA Document 1 Filed 09/11/18 PageID.18 Page 18 of 49
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`U.S. Patent
`
`Feb. 28, 2017
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`Sheet 4 of 10
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`US D779,828 S
`
`
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`FG. 4
`
`

`

`Case 3:18-cv-02109-LAB-JMA Document 1 Filed 09/11/18 PageID.19 Page 19 of 49
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`U.S. Patent
`
`Feb. 28, 2017
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`Sheet S of 10
`
`US D779,828 S
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`
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`F.G. 5
`
`

`

`Case 3:18-cv-02109-LAB-JMA Document 1 Filed 09/11/18 PageID.20 Page 20 of 49
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`U.S. Patent
`
`Feb. 28, 2017
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`Sheet 6 of 10
`
`US D779,828 S
`
`
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`F.G. 6
`
`

`

`Case 3:18-cv-02109-LAB-JMA Document 1 Filed 09/11/18 PageID.21 Page 21 of 49
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`U.S. Patent
`
`Feb. 28, 2017
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`Sheet 7 of 10
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`US D779,828 S
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`
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`FIG. 7
`
`

`

`Case 3:18-cv-02109-LAB-JMA Document 1 Filed 09/11/18 PageID.22 Page 22 of 49
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`U.S. Patent
`
`Feb. 28, 2017
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`Sheet 8 of 10
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`US D779,828 S
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`
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`FG. 8
`
`

`

`Case 3:18-cv-02109-LAB-JMA Document 1 Filed 09/11/18 PageID.23 Page 23 of 49
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`U.S. Patent
`
`Feb. 28, 2017
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`Sheet 9 of 10
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`US D779,828 S
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`
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`FG. 9
`
`

`

`Case 3:18-cv-02109-LAB-JMA Document 1 Filed 09/11/18 PageID.24 Page 24 of 49
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`U.S. Patent
`
`Feb. 28, 2017
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`Sheet 10 of 10
`
`US D779,828 S
`
`
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`F.G. 1 O
`
`

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`Case 3:18-cv-02109-LAB-JMA Document 1 Filed 09/11/18 PageID.25 Page 25 of 49
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`EXHIBIT B
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`Case 3:18-cv-02109-LAB-JMA Document 1 Filed 09/11/18 PageID.26 Page 26 of 49
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`WARD LAW OFFICE
`
`REGISTERED PATENT ATTORNEY
`
`Ward Law Office LLC
`120 1/2 S. Washington Street, Suite 207
`Tiffin, Ohio 44883
`www.wardpatent.com
`
`Jacob M. Ward
`Bar Admissions: U.S. Patent and Trademark Office;
`Canadian Intellectual Property Office, Non-Resident;
`and State Bar of Michigan
`
`Office: (419) 408-5500
`Direct: (419) 408-5801
` Facsimile: (800) 591-5804
`Email: jake@wardpatent.com
`
`Golden Eye Media USA, Inc.
`DBA Lotus Trolley Bags
`Attention: Mr. Farzan Dehmoubed
`1000 Camino De Las Ondas
`Carlsbad, California 92011
`
`
`July 13, 2017
`
`VIA CERTIFIED MAIL
`RETURN RECEIPT REQUESTED
`AND ELECTRONIC MAIL
`farzan@goldensurfholdings.com
`info@lotustrolleybag.com
`
`Re:
`
`TROLLEY BAGS
`U.S. Patent No. D779,828
`U.S. Trademark Registration No. 5126274
`Our File 70131-1
`
`Dear Mr. Dehmoubed:
`
`We represent BergHOFF International, Inc., the exclusive distributor