Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA193243
`ESTTA Tracking number:
`02/18/2008
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92048136
`Plaintiff
`Vinotemp International
`Paul D. Supnik
`Law Office of Paul D. Supnik
`9601 Wilshire Boulevard, Suite 828
`Beverly Hills, CA 90210
`UNITED STATES
`paul@supnik.com
`Motion to Suspend for Civil Action
`PAUL D. SUPNIK
`paul@supnik.com
`/paul d. supnik/
`02/18/2008
`Motion to suspend.pdf ( 3 pages )(15828 bytes )
`CV 07-07865-ODW(PLAx) Complaint and related documents.pdf ( 21 pages
`)(1724357 bytes )
`Complaint show_case_doc.pdf ( 23 pages )(871663 bytes )
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`Proceeding
`Party
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`Correspondence
`Address
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`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
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`

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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`VINOTEMP INTERNATIONAL CORPORAT|ON.,
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`Cancellation No. 92048136
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`Petitioner,
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`Issued: September 11, 2007
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`PROLOGIX INTERNATIONAL CORPORATION,
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`Registration No. 3291472
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`(ff
`‘I/III Blllp
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`Mark:
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`MOTION TO SUSPEND
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`Commissioner for Trademarks
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`P.O. Box 1451
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`Alexandria, VA 22313-1451
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`Petitioner VINOTEMP INTERNATIONAL CORPORATION hereby moves
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`to suspend proceedings in the above-captioned cancellation, pursuant to 37
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`C.F.R. § 2.117. Two litigation proceedings are currently pending, a trademark
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`infringement and unfair competition action in the Central District of California filed
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`December 3, 2007, Case No. CV O7-O7865—ODW(PLAx) as shown in the
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`complaint, [EXHIBIT 1] and a declaratory relief action pending in the Central
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`District of Florida filed July 6, 2007, Case No. CV O7-80600-CIV-
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`MIDDLEBROOKS/JOHNSON as shown in the complaint therein. [EXHIBIT 2]
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`In
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`both cases, a significant issue before the court is whether the mark VINTEMP is
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`{2371-12}
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`

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`confusingly similar to VINOTEMP as in this cancellation proceeding. The
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`application rule states:
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`“37 CFR § 2.117 Suspension of proceedings.
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`(a) Whenever it shall come to the attention of the Trademark Trial and
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`Appeal Board that a party or parties to a pending case are engaged in a
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`civil action or another Board proceeding which may have a bearing on the
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`case, proceedings before the Board may be suspended until termination
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`of the civil action or the other Board proceeding.”
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`The two district court lawsuits, if not dispositive, may have a significant bearing
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`on this cancellation proceeding warranting suspension under 2.117(a).
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`CONCLUSION
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`Since the civil actions are pending, proceedings on this motion should be
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`suspended pending final decisions in the civil actions and petitioner requests that
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`this matter be suspended upon Section 2.117(a).
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`Respectfully submitted,
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`/s/
`
`Paul D. Supnik
`9601 Wilshire Boulevard, Suite 828
`Beverly Hills, California 90210-5210
`Telephone:
`(310) 859-0100
`Facsimile:
`(310) 388-5645
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`Dated: February 18, 2008
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`{2371-12}
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`

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`CERTIFICATE OF SERVICE
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`I certify that a true and accurate copy of the foregoing MOTION TO SUSPEND
`was served by first class mail, postage prepaid, on this 18T
`day of February 2008,
`upon counsel for Respondent:
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`Juan C. Villar, Esq.
`9365 Aegean Drive
`Boca Raton, FL 33496
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`/s/
`
`PAUL D. SUPNIK
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`{2371-12}
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`

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`EXHIBIT 1
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`

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`HOWARD S. FISHER [SB #70835]
`hsf@howardfisher.com
`8840 Wilshire Boulevard, 2"“ Floor
`Beverly Hills, CA 90212
`(310) 553-2000
`Fax: (310)553-0012
`
`PAUL D. SUPNIK [SB# 52842]
`paul@supnik.com
`9601 Wilshire Boulevard, Suite 828
`Beverly Hills, California 90210
`(310) 859-0100
`Fax: (310)388-5645
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`Attorneys for Plaintiff
`VINOTEMP INTERNATIONAL CORPORATION
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`UNITED STATES DISTRICT COURT
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`CENTRAL DISTRICT OF CALIFORNIA
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`VINOTEMP INTERNATIONAL
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`CORPORATION, a California
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`Cv07j'_07865 00W
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`CASE NO:
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`8111
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`COMPLAINT FOR:
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`1.
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`2.
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`3.
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`4.
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`Federal Trademark Infringement
`(Lanham Act §32)
`False Designation of Origin
`(Lanham Act §43 (21))
`California Common Law
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`Trademark Infringement
`Section 17200 California Business
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`and Professions Code
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`5.
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`Cancellation of Federal Trademark
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`Registration
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`JURY TRIAL DEMANDED
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`Plaintiff,
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`V.
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`PROLOGIX INTERNATIONAL
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`CORPORATION, a Florida corporatio
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`Defendant.
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`Plaintiff VINOTEMP INTERNATIONAL CORPORATION, a California
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`Corporation, (hereafter "VINOTEMP") alleges as follows:
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`JURISDICTION AND VENUE
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`1. This Court has jurisdiction of this action under 15 U.S.C. 1114, et seq
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`(federal trademark infringement), 15 U.S.C. 1121 (actions arising under the
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`Lanham Act); 28 U.S.C. §§ 1331, (federal question jurisdiction); l338(a) (any act
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`of Congress relating to patents, copyrights and trademarks), 1338(b) (action
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`asserting a state claim of unfair competition joined with a substantial and related
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`federal claim under the patent, copyright or trademark laws); l367(a)
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`(supplemental jurisdiction) and pursuant to this Court’s pendent and ancillary
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`jurisdiction.
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`2. Personal jurisdiction is appropriate in this Court by virtue of the fact that
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`defendant has engaged in significant commercial activities in this judicial district
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`pertaining to the VINTEMP trademark including, upon information and belief,
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`selling and offering for sale products under the VINTEMP trademark within this
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`district.
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`3. Defendant's web site www.vintemp.com shows that said website is
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`interactive, and permits purchase orders to be placed directly, for wine accessories
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`including infrared wine thermometers and Corkscrews, sold, upon information and
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`belief, under the VINTEMP mark by defendant, which is accessible to and directed
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`to individuals and companies located in this district. Upon information and belief,
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`actual orders have been and/or could have been placed for said items by
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`individuals and/or companies located in this district.
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`4. Personal jurisdiction is also appropriate in this district because, upon
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`information and belief, defendant does substantial and continuous business within
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`this district both directly and/or through distributors located in this district.
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`5. Venue in this district is proper under 28 U.S.C. §§ l39l(b) and l391(c)
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`in that, among other things, defendant is deemed to reside in the Central District of
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`California and/or the Wrongful acts committed by defendant occurred in and
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`originated from the Central District of California, and a substantial part of the
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`events or omissions giving rise to the claims asserted herein or a substantial part of
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`the property that is the subject of the action is situated in this district.
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`6.
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`Plaintiff VINOTEMP notes that the defendant in this action has filed
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`an anticipatory declaratory relief lawsuit in the Southern District of Florida, Case
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`No. CIV -07-80600 on July 6, 2007. Plaintiff intends to file a motion to dismiss,
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`stay or transfer that action to the Central District of California.
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`NATURE OF ACTION
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`7.
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`Plaintiff VINOTEMP INTERNATIONAL CORPORATION, owner
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`of the mark and name VINOTEMP seeks to halt defendants’ confusion of the
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`public by its use of the mark and name, VINTEMP in connection with wine
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`accessory products including infrared wine temperature sensor devices.
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`PARTIES
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`8.
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`Plaintiff VINOTEMP INTERNATIONAL CORPORATION
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`(hereafter VINOTEMP) is a California corporation having a principal place of
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`business in the County of Los Angeles, California.
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`9.
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`Upon information and belief, defendant PROLOGIX
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`INTERNATIONAL CORPORATION (hereafter PROLOGIX) is a Florida
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`corporation doing business in the State of California.
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`ALLEGATIONS COMMON TO ALL CLAIMS FOR RELIEF
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`10.
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`By this action, plaintiff VINOTEMP INTERNATIONAL
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`CORPORATION, (hereafter "VINOTEMP") seeks to protect its federally
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`registered and incontestible trademark VINOTEMP for:
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`“temperature and/or humidity control systems, cooling and/or humidity units
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`for wine cellars and wine storage unit systems having temperature and
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`humidity automatically controlled.
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`and
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`“wine cellars, wine storage systems, specifically, storage facilities ranging
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`from walk in facilities to small storage lockers (1 cubic foot).”
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`from infringement by virtue of defendants subsequently adopted and virtually
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`identical mark VINTEMP in reference to the promotion and sale of temperature
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`sensing devices for wine.
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`1 1.
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`Plaintiff VINOTEMP INTERNATIONAL CORPORATION has
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`continuously used the mark VINOTEMP as a trademark in connection with the
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`foregoing goods since at least as early as November 1985. It has been
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`extraordinarily successful, attested to in part by its existence for over twenty (20)
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`years.
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`12.
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`On October 29, 1992, plaintiff VINOTEMP filed an application for
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`federal trademark registration, which registration issued on February 22, 1994 as
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`U.S. Trademark Registration No. 1,822,530.
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`13.
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`The mark has been used for at least five (5) consecutive years
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`following registration in 1994 and in December 6, 2001 applicant filed a
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`declaration to that effect under Section 15 of the Lanham Act, 15 U.S.C. § 1065,
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`making the mark incontestible. As a result under 15 USC 1114, the registration
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`constitutes conclusive evidence of the validity of the mark, of plaintiffs ownership
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`of the mark, and of plaintiff‘ s right to use the registered mark in commerce.
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`14. As a result of the foregoing and the success and popularity of
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`VINOTEMP's wine related products over an extended period of time, the
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`trademark VINOTEMP is a protectable mark carrying good will of enormous
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`value.
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`15. Within the same general market niche as VINOTEMP and without
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`VINOTEMP's authorization, defendants began sale of their temperature sensing
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`products using the trademark VINTEMP.
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`16.
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`The mark of the defendant VINTEMP is confusingly similar to the
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`mark of the plaintiff VINOTEMP .
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`17.
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`In engaging in the unlawful conduct described above, Defendants
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`have acted intentionally, in wrongful and conscious disregard of both
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`VINOTEMP's rights and the public's right to be free of confusion and deception
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`and as to source, association, origin, connection, affiliation or sponsorship.
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`FIRST CLAIM FOR RELIEF
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`TRADEMARK INFRINGEMENT IN VIOLATION OF 15. U.S.C.
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`1114
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`1PLAINTIFF VINOTEMP AGAINST DEFENDANT!
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`18.
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`Plaintiffs incorporate by reference each and every allegation contained
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`-5-
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`in Paragraphs 1 through 17 of this Complaint as though fully set forth herein.
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`19.
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`By its conduct as alleged above, defendant has used in commerce
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`reproductions, copies and colorable imitations of plaintiffs federally registered
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`mark VINOTEMP in connection with the sale, offering for sale and advertising of
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`goods and services on or in connection with which such use is likely to cause
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`confusion, or to cause mistake, or to deceive, and have reproduced, copied and
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`colorably imitated a registered mark and applied such reproduction, copy and
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`colorable imitation to labels, signs, prints, packages, wrappers, receptacles and
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`advertisements intended to be used in commence upon or in connection with the
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`sale, offering for sale, distribution and advertising of goods on or in connection
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`with which such use is likely to cause confusion, or to cause mistake, or deception
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`in violation of 15 U.S.C. §l 114. Unless enjoined, defendants will continue to
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`violate 15 U.S.C. §l 1 l4.
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`20. As a result of defendants’ wrongful conduct, plaintiff is entitled to
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`injunctive relief from further violations of 15 U.S.C. §l1l4 restraining defendants,
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`their officers, directors, agents, employees, representatives and all persons acting in
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`concert with them, damages according to proof and defendants’ profits, not
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`duplicative of damages, trebled subject to the principles of equity, prejudgment
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`interest, attorneys’ fees and other relief.
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`SECOND CLAIM FOR RELIEF
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`FALSE DESIGNATION OF ORIGIN IN
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`VIOLATION OF 15 U.S.C. § 1125131
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`jPLAINTIFF VINOTEMP AGAINST DEFENDANT}
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`21.
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`Plaintiffs incorporate by reference each and every allegation contained
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`in Paragraphs 1 through 17 of this Complaint as though fully set forth herein.
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`-5-
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`22.
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`By its conduct as alleged above, defendant has made false and
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`misleading descriptions and representations as to source, association, origin,
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`connection, affiliation or sponsorship, in violation of l 5 U.S_C. §l l25(a). Unless
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`enjoined, defendants will continue to violate l5 U.S.C. §l l25(a).
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`23.
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`As a result of defendants’ wrongful conduct, plaintiffs are entitled to
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`injunctive relief from further violations of 15 U.S.C. §l125(a) restraining
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`defendants, their officers, directors, agents, employees, representatives and all
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`persons acting in concert with them, damages according to proof and defendants’
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`profits, not duplicative of damages, trebled subject to the principles of equity,
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`prejudgment interest, attorneys’ fees and other relief.
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`THIRD CLAIM FOR RELIEF
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`STATE TRADEMARK INFRINGEMENT
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`[PLAINTIFF VINOTEMP AGAINST ALL DEFENDANTSL
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`24.
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`Plaintiff incorporates by reference each and every allegation contained
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`in Paragraphs 1 through 17 of this Complaint as though fully set forth herein.
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`25.
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`Jurisdiction is conferred upon this Court by 28 U.S.C. §l338(b),
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`l367(a) and under the supplemental, ancillary and pendant jurisdiction of this
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`court.
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`26.
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`By their conduct as alleged above, defendants have made false and
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`misleading descriptions and representations as to source, association, origin,
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`connection, affiliation or sponsorship, in violation of the common law of
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`California. Unless enjoined, defendants will continue to infringe the VINOTEMP
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`mark under the common law of California.
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`-7-
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`27.
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`By reason of each defendants’ aforesaid conduct in violation of the
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`common law, plaintiff VINOTEMP has sustained and will continue to sustain
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`substantial injuries, loss of and damages to its aforesaid rights in VINOTEMP and
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`to its reputation. Plaintiff VINOTEMP is entitled to an injunction restraining
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`defendants, their officers, directors, agents, employees, representatives and all
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`persons acting in concern with them, from engaging in further acts of infringement.
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`FOURTH CLAIM FOR RELIEF
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`SECTION 17200 CALIFORNIA BUSINESS AND PROFESSIONS CODE
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`{PLAINTIFF VINOTEMP AGAINST DEFENDANT!
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`28. Plaintiff incorporates by reference each and every allegation contained
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`in Paragraphs 1 through 17 of this Complaint as though fully set forth herein.
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`29.
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`Jurisdiction is conferred upon this Court by 28 U.S.C. §1338(b) and
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`under the supplemental jurisdiction of this court.
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`30. The aforesaid acts of defendants and each of them constitutes a
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`violation under Section 17200 of the California Business and Professions Code.
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`31. By reason of each defendants’ aforesaid conduct in violation of Section
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`17200 of the California Business and Professions Code, plaintiff VINOTEMP has
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`sustained and will continue to sustain substantial injuries, loss of and damages to
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`its aforesaid rights in VINOTEMP and to its reputation. Plaintiff VINOTEMP
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`INTERNATIONAL CORPORATION is entitled to an injunction restraining
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`defendants, their officers, directors, agents, employees, representatives and all
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`persons acting in concern with them, for corrective advertising and for
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`disgorgement of profits.
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`FIFTH CLAIM FOR RELIEF
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`CANCELLATION OF
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`FEDERAL TRADEMARK REGISTRATION
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`[PLAINTIFF VINOTEMP AGAINST DEFENDANT)
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`32.
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`Plaintiff incorporates by reference each and every allegation contained
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`in Paragraphs 1 through 17 of this Complaint as though fully set forth herein.
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`33.
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`This Court has jurisdiction of this action under 15 U.S.C. 1114, et seq
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`(federal trademark infringement), 15 U.S.C. 1121 (actions arising under the
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`Lanham Act); 28 U.S.C. §§ 1331, (federal question jurisdiction); and 1338(a) (any
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`act of Congress relating to patents, copyrights and trademarks).
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`34. Defendant registered the mark VINTEMP in a stylized format for cork
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`screws in the U.S. Patent and Trademark Office as Registration No. 3,291,472,
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`registered September 11, 2007, claiming a date of first use and first use in
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`commerce of May 15, 2002.
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`35.
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`Plaintiff is the proprietor of incontestable U.S. Trademark Reg. No.
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`1,822,580 for "VINOTEMP" and believes that the registered mark so resembles
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`petitioner's mark as to be likely to cause confusion, deception or mistake.
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`Defendant registrant's goods are "corkscrews" which have, as a primary use, the
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`opening of wine bottles. Because plaintiffs goods include wine Cellars and wine
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`storage systems, it is highly likely that third parties encountering registrant's mark,
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`will erroneously assume that goods bearing the mark originate with petitioner or
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`that petitioner has authorized the use of its mark. It is not uncommon for an
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`established entity in the wine trade to provide corkscrews and other user's
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`accessories to promote its major products — in this case, wine cellars and
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`temperature and humidity control systems for wine cellars, which may be
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`-9-
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`considered "big ticket" items, compared to the nominal value of Corkscrews, which
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`are common premium items supplied by a wide range of organizations as a good
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`will gesture.
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`.36.
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`The continued registration of the mark "VINTEMP" will create
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`confusion and will adversely petitioner's good will which has developed from more
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`than twenty years in the business.
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`37. VlNOTEMP’s use of its VINOTEMP mark has priority predating that
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`of defendant’s alleged use by many years.
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`38.
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`Plaintiff is entitled to and requests that this Court order cancellation of
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`the defendant’s U.S. Trademark Registration 3,291,472.
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`39.
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`Plaintiff discloses to this Court that it has filed a petition to cancel
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`U.S. Trademark Registration 3,291,472 before the U.S. Patent and Trademark
`
`Office and requests that this Court exercise its jurisdiction and adjudicate the issue
`
`of cancellation in this forum.
`
`WHEREFORE, plaintiffs pray for judgment as follows:
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`On the First Claim for Trademark Infringement Under Section 32 of the Lanham
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`(1) That defendants, their officers, agents, servants, employees, and
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`advertising, publicity or promotion of wine accessories.
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`(2) That defendants be directed to file with this Court and serve on plaintiffs
`
`within thirty days after the service of an injunction, a report in writing under oath,
`
`setting forth in detail the manner and form in which defendants have complied with
`
`the injunction.
`
`(3) That defendants be required to deliver up and destroy all devices,
`
`literature, advertising and other material bearing the infringing designation.
`
`(4) For damages according to proof and that the amount be trebled, subject
`
`to the principles of equity.
`
`(5) For profits of the defendants and each of them, and that the amount be
`
`trebled, subject to the principles of equity.
`
`(6) For attorneys fees.
`
`(7) For interest and prejudgement interest at the maximum legal rate from
`
`the date of violation according to proof.
`
`On the Second Claim for False Designation and Advertising under Section 43( a) of
`
`the Lanham Act
`
`(8) That defendants, their officers, agents, servants, employees, and
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`attorneys and all those persons in active concert or participation with them be
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`preliminary and thereafter permanently enjoined and restrained from using the
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`connection with its products and promotion including but not limited to
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`advertising, publicity or promotion of wine accessories.
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`(9) That defendants be directed to file with this Court and serve on plaintiffs
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`setting forth in detail the manner and form in which defendants have complied with
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`(10) That defendants be required to deliver up and destroy all devices,
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`literature, advertising and other material bearing the infringing designation.
`
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`(11) For damages according to proof and that the amount be trebled, subject
`
`to the principles of equity.
`
`(12) For profits of the defendants and each of them, and that the amount be
`
`trebled, subject to the principles of equity.
`
`(13) For attorneys fees.
`
`(14) For interest and prejudgement interest at the maximum legal rate from
`
`the date of violation according to proof.
`
`On the Third Claim for California State and Common Law Trademark
`
`Infringement
`
`(15) That defendants, their officers, agents, servants, employees, and
`
`attorneys and all those persons in active concert or participation with them be
`
`preliminary and thereafter permanently enjoined and restrained from using the
`
`mark VINTEMP or any mark confusingly similar to the mark VINOTEMP in
`
`connection with wine accessory products;
`
`(16) That defendants be directed to file with this Court and serve on
`
`plaintiffs within thirty days after the service of an injunction, a report in writing
`
`under oath, setting forth in detail the manner and form in which defendants have
`
`complied with the injunction.
`
`(17) That defendants be required to deliver up and destroy all devices,
`
`literature, advertising and other material bearing the infringing designation.
`
`(18) For damages according to proof and that the amount be trebled, subject
`
`to the principles of equity.
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`(19) For profits of the defendants and each of them, and that the amount be
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`trebled, subject to the principles of equity.
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`(20) For attorneys fees.
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`(21) For interest and prejudgement interest at the maximum legal rate from
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`the date of violation according to proof.
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`On the Fourth Claim for Violation of Section 17200 of the California Business and
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`Professions Code
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`(22) That defendants, their offieers, agents, servants, employees, and
`
`attorneys and all those persons in active concert or participation with them be
`
`preliminary and thereafter permanently enjoined and restrained from using the
`
`mark VINTEMP or an mark confusingly similar to the mark VINOTEMP in
`
`connection with its products and promotion including but not limited to
`
`advertising, publicity or promotion of wine accessories.
`
`(23) That defendants be directed to file with this Court and serve on
`
`plaintiffs within thirty days after the service of an injunction, a report in writing
`
`under oath, setting forth in detail the manner and form in which defendants have
`
`complied with the injunction.
`
`(24) That defendants be required to deliver up and destroy all devices,
`
`literature, advertising and other material bearing the infringing designation.
`
`(25) For disgorgement of profits;
`
`(26) For corrective advertising in an amount subject to proof at trial;
`
`(27) That defendants, their offieers, agents, servants, employees, and
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`attorneys and all those persons in active concert or participation with them be
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`preliminary and thereafter permanently enjoined and restrained from using the
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`mark VINTEMP or an mark confusingly similar to the mark VINOTEMP in
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`connection with its products and promotion including but not limited to
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`advertising, publicity or promotion of wine accessories. For damages according to
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`proof and that the amount be trebled, subject to the principles of equity.
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`(28) For profits of the defendants and each of them, and that the amount be
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`trebled, subject to the principles of equity.
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`(29) For attorneys fees.
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`(30) For interest and prejudgement interest at the maximum legal rate from
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`the date of Violation according to proof.
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`On the Fifth Claim for Trademark Cancellation
`
`(31) For an order that the Commissioner of Patents and Trademarks and
`
`the Commissioner for Trademarks cancel U.S. Trademark Registration 3,291,472
`
`from the Principal Register.
`
`On all claims
`
`(32) For interest from the date of violation at the maximum legal rate
`
`according to proof.
`
`(33)
`
`For costs.
`
`(34)
`
`For such other and further relief as is just and proper.
`
`DATED:
`
`December 3, 2007
`
`HOWARD S. FISHER
`
`PAUL D. SUPNIK
`
`1 TQO49/Lt
`
`Paul D. Supnik
`Attorneys for Plaintiff
`VINOTEMP INTERNATIONAL
`
`CORPORATION
`
`-14-
`
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`
`JURY DEMAND
`
`Plaintiff demands a trial by jury on all issues.
`
`DATED:
`
`December 3, 2007
`
`HOWARD S. FISHER
`
`PAUL D. SUPNIK
`
`QJQE1”
`
`PAUL D. SUPNIK
`
`Attorneys for Plaintiffs
`VINOTEMP INTERNATIONAL
`
`CORPORATION
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`HOWARD S. FISHER (S.B. #7l:o35)
`hsf@howardfisher.com
`8840 Wilshire Boulevard, 2nd Floor
`Beverly Hills, CA 90212
`(310) 553-2000
`Fax: (310)553-0012
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`
`VINOTEMP INTERNATIONAL
`
`CORPORATION, a California corporation
`PLAINTIFF(S)
`
`V.
`
`PROLOGIX INTERNATIONAL CORPORATION
`
`a Florida corporation
`
`CASE NUMBER
`
`cv07-07355 ODW aura.
`
`SUMMONS
`
`DEFENDANT(S).
`
`TO:
`
`THE ABOVE-NAMED DEFENDANT(S):
`
`YOU ARE HEREBY SUMMONED and required to file with this court and serve upon plaintiffs attorney
`HOWARD 3- FISHER
`, whose address is:
`
`8840 Wilshire Boulevard, 2nd Floor
`Beverly Hills, CA 90212
`
`amended complaint Cl counterclaim Cl cross-claim
`complaint El
`an answer to the
`days after service of this Summons upon you, exclusive
`20
`which is herewith served upon you within
`of the day of service. If you fail to do so, judgement by default will be taken against you for the relief
`demanded in the complaint.
`
`Clerk, U.S. District Court
`
` Dated:
`
`DEC " 3 2007
`
`By:
`
`CV-01A (OI/O1)
`
`SUMMONS
`
`

`
`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
`NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
`
`This case has been assigned to District Judge Otis D. Wright 11 and the assigned
`discovery Magistrate Judge is Paul L. Abrams.
`
`The case number on all documents filed with the Court should read as follows:
`
`CVO7- 7865 ODW (PLAX)
`
`Pursuant to General Order 05-07 of the United States District Court for the Central
`
`District of California, the Magistrate Judge has been designated to hear discovery related
`motions.
`
`All discovery related motions should be noticed on the calendar of the Magistrate Judge
`
`NOTICE TO COUNSEL
`
`A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is
`filed, a copy of this notice must be served on all plaintiffs).
`
`Subsequent documents must be filed at the following location:
`
`[X] Western Division
`312 N. Spring St., Rm. G-8
`Los Angeles, CA 90012
`
`L] Southern Division
`411 West Fourth St., Rm. 1-053
`Santa Ana, CA 92701-4516
`
`L] Eastern Division
`3470 Twelfth St., Rm. 134
`Riverside, CA 92501
`
`Failure to file at the proper location will result in your documents being returned to you.
`
`CV-18 (03/06)
`
`NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
`
`

`
`T0
`’
`
`Mail Stop s
`Director of the U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`;*:;,TIwR};DEMARK
`
`REPORT ON THE
`'
`I H 2‘
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`_N Itfff
`[is 1'3
`
`I
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised thjata court action has been
`filed in the U.S. District Court CENTRAL DISTRICT OF CAL‘on= the'I”ol1owingI: '4
`Patents or
`III Trademarks:
`TE FILE I
`U.S. DISTRIQI‘
`‘
`
`03> WI W Ax
`
`8EI3IBrI>eAL DISTRICT OF CALIFORNIA
`
`DEFENDANT
`
`
`
`
`
`VINOTEMP INTERNATIONAL CORPORATION, a
`California Corporation
`
`
`
`PROLOGIX INTERNATIONAL CORPORATION, a
`Florida corporation
`
`
`
`
`
`1
`
`1,822,530
`
`2/22/1994
`
`VINOTEMP INTERNATIONAL CORPORATION
`
`2 3,291,472
`
`9/11/2007
`
`PROLOGIX INTERNATIONAL CORPORATION,
`
`j—
`
`
`j—
`
`
`
`In the above—entit1ed case, the following patent(s)/ trademark(s) have been included:
`
`
`
`
`
`
`
`
`
`I] Amendment
`
`E] Answer
`
`[I Cross Bill
`
`III Other Pleading
`
`INCLUDED BY
`%‘l§~Fe‘AFe‘i§:}§§§
`ON
`
`
`
`
`
`
`TD
`
`D
`J
`
`j
`
`
`
`In the above—entitled case, the following decision has been rendered or judgement issued:
`
`DECISION/JUDGEMENT
` (BY) DEPUTY CLERK
`
`Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
`Copy 2——Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
`
`

`
`UNITED STATES ' ‘STRICT COURT, CENTRAL DISTRICT 0" CALIFORNIA
`CIVIL COVER SHEET
`
`I (a) PLAINTIFFS (Check box if you are representing yourself Cl)
`VINOTEMP INTERNATIONAL CORPORATION,
`a California Corporation
`
`DEFENDANTS
`PROLOGIX INTERNATIONAL CORPORATION,
`a Florida corporation
`
`(h) County of Residence of First Listed Plaintiff (Except in US. Plaintit‘fCases):
`Los Angeles
`
`County of Residence of First Listed Defendant (In US. Plaintiff Cases Only):
`
`(c) Attorneys (Firm Name, Address and Telephone Number. If you are representing
`yourself, provide same.)
`HOWARD s. FISHER (SB. #70835)
`
`Attorneys (If Known)
`
`hsf@howardf1sher.com
`8840 Wilshire Boulevard, 2nd Floor
`Beverly Hills, CA 90212
`(310) 553-2000
`
`II. BASIS OF JURISDICTION (Place an X in one box only.)
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES - For Diversity Cases Only
`(Place an X in one box for plaintiff and one for defendant.)
`
`El
`
`1 U.S. Government Plaintiff
`
`3 Federal Question (U.S.
`Government Not a Party)
`
`-
`Citizen of This State
`
`PTF DEF
`El
`1
`El 1
`
`Incorporated or Principal Place
`ofBusiness in this State
`
`PTF DEF
`El 4 D 4
`
`U 2 U.S. Government Defendant
`
`El 4 Diversity (Indicate Citizenship Citizen of Another State
`of Parties in Item 111)
`
`El 2
`
`El 2
`
`Incorporated and Principal Place El 5
`of Business in Another State
`
`El 5
`
`Citizen or Subject of a Foreign Country Cl 3
`
`Cl 3
`
`Foreign Nation
`
`Cl 6
`
`Cl 6
`
`IV. ORIGIN (Place an X in one box only.)
`
`1 Original
`Proceeding
`
`El 2 Removed from El 3 Remanded from El 4 Reinstated or
`State Court
`Appellate Court
`Reopened
`
`Cl 5 Transferred from another district (specify):
`
`Cl 6 Multi-
`District
`Litigation
`
`Cl 7 Appeal to District
`Judge from
`Magistrate Judge
`
`V. REQUESTED IN COMPLAINT:
`
`JURY DEMAND: Kl Yes
`
`El No (Check ‘Yes’ only ifdemanded in complaint.)
`
`CLASS ACTION under F.R.C.P. 23: El Yes
`
`El No
`
`Cl MONEY DEMANDED IN COMPLAINT: $
`
`VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a brief statement of cause. Do not citejurisdictional statutes unless diversity.)
`Trademark Infringement, 15 USC 1114 and 1121
`
`VII. NATURE OF SUIT (Place an X in one box only.)
`
`
`
`
`
`
`
`
`
`
`5
`
`
`
`V
`
`
`
`Insurance
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`710 Fair Labor Sta