Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA239073
`ESTTA Tracking number:
`09/25/2008
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92048260
`Plaintiff
`i play. inc.
`Steven C. Schnedler
`Carter & Schnedler, P.A.
`P.O. Box 2985
`Asheville, NC 28802
`UNITED STATES
`schnedler@ashevillepatent.com
`Testimony For Plaintiff
`Steven C. Schnedler
`schnedler@ashevillepatent.com
`/Steven C. Schnedler/
`09/25/2008
`Exhibits 21-25.pdf ( 36 pages )(2096859 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`Cancellation No. 92048260
`
`i play. inc. (change of name from FAMILY
`CLUBHOUSE, INCORPORATED d/b/a i play), a
`North Carolina corporation,
`Cancellation Petitioner,
`
`v.
`
`INTERNATIONAL PLAYTHINGS, INC,
`a Delaware corporation,
`
`Registrant.
`
`Exhibit offered by i play. inc.
`M
`
`

`
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`

`
`Dear Ms. Cannon,
`
`I saw
`I recently visited Kiawah Island, SC and went into a gift shop.
`“i play.” products and I thought they were made by the manufacturer I
`know from Asheville.
`I later learned that someone else is using the
`i play. name (International Playthings). This was very confusing to me
`and perhaps even misleading since I trust the i play company that I am
`familiar with and do not know anything about the other one.
`I did not
`think the quality looked as good on their products, but I was tempted
`to buy one because I know that the Asheville i play produces a very
`wel1—made item.
`
`Best£regards,
`
`Sally Broach
`President
`
`Just Ducky Originals
`1575 Jenkins Valley Road
`Alexander, NC 28701
`
`X
`Dam
`llzzzlflfl
`
`Cancellation No. 92048260
`
`,
`.
`e from FAMILY
`gillgézlygbggaificglgpagmrsn d/b/a iplay), a
`North Carolina coIPorat1on,Canceuafl-on Petitioner,
`
`V.
`
`INTERNATIONAL PLAYTHING
`a Delaware wmomtwn,
`Registrant.
`
`s, INC,
`
`Exhibit offered by i play- im-
`
`2%
`
`

`
`-----Original Message——-—-
`From: David Murrell [mailto:kosmo@mac.com]
`Sent: Wednesday, January 07, 2004 4:05 PM
`To: i play Cannon Becky
`Subject: Confusion regarding International Playthings and I Play
`
`Dear Ms. Carmon,
`
`While attending a trade show recently, I happened to see a booth
`advertising ''I Play.'' I entered the booth expecting to see the
`products I know and love and was surprised to learn that a company by
`the name of‘International Playthings was using the‘ name I Play. Their.
`logo was VERY similar so I thought that International Playthings was
`simply distributing I Play products. When I enquired about this I was
`told that the brand I Play belonged to International Playthings and
`there was no connection between the two companies. I found this to be
`very confusing. I was attending the trade show with a Japanese client
`who has been buying I Play for a number of years and he was as baffled
`as I was. In short, I find this situation to be very confusing not
`only consumers but to industry professionals as well.
`
`Please let me know If I_ can be of further service.
`
`Best regards,
`
`David Murrell
`**************************************=|=*
`
`KOSMO Corporation
`David G. Murrell, IV, President
`240 Edison Street
`
`Salt Lake City, UT 84111
`Tel: 801-364-1600
`
`Fax: 801-364-1601
`
`eMai1: David@KosmoCorp.com
`
`
`
`

`
`> -----Origina1Message-----
`> From: Amy Jamison [mailto:amy1jamison@yahoo.com]
`> Sent: Tuesday, January 13, 2004 10:31 AM
`> To: becl5y@iplaybab§Mear.com
`> Subject: Confusion over the name "I Play" being shared by two companies
`
`Dear Ms. Cannon,
`
`> >
`
`> >
`
`I wanted to take this opportunity to express my confusion over the name ''I
`Play'' being used by two companies.
`
`> I
`
`recently purchased a toyvwith the brand name "I
`> Play" on the box. It was missing two pieces. When I
`> went to the retailer, they gave me the number of your
`> company, thinking that it was the same "i play"
`> company that made the toy that I bought. When I
`> called you I found out that you weren't at all the
`> makers of the toy that I bought and that, in fact,
`> these are two separate companies.
`
`> >
`
`I hope you are able to resolve this issue of names
`> soon. As a consumer, (and apparently to retailers
`> too) it is very confusing when there are two companies
`> sharing the same name.
`
`Best wishes,
`
`Amy Jamison
`
`> >
`
`> >
`
`
`
`

`
`Cancellation No. 92048260
`
`i play. inc. (change of name from FAMILY
`CLUBHOUSE, INCORPORATED d/b/a i play), a
`North Carolina corporation,
`Cancellation Petitioner,
`
`v.
`
`INTERNATIONAL PLAYTHINGS, INC,
`a Delaware corporation,
`
`Registrant.
`
`Exhibit offered by i play. inc.
`L3
`
`

`
`
`
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`© 2008 All Baby & Child, Inc. All Rights Reserved.
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`ABC Kids Expo - September 7-11, 2008 - Las Vegas Convention Center
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`Exhibitor Search
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`ABC Kids Expo - September 7-11, 2008 - Las Vegas Convention Center
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`ABC Kids Expo - September 7-11, 2008 - Las Vegas Convention Center
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`8/ 19/2008 6:47 PM
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`ABC Kids Expo - September 7-11, 2008 - Las Vegas Convention Center
`
`1 of 1
`
`Exhibitor Search I Product Category Search | Myfltow
`
`‘*3 Return to search results
`
`i play. ( W Add to MyShow )
`
`Booth(s): 4801
`Reguest more information
`www. iglay babywear. com
`
`Contact Information:
`2000 Riverside Drive
`Suite 9
`
`Asheville, NC 28804
`
`828-254-9236 (p)
`
`Company Description:
`Swim wear, bibs, winter wear, rain wear, organic Iayette, gifts & accessories
`
`Product Categories:
`
`0 Apparel
`Bibsl Burp Cloths
`Blankets
`
`Diaper Bags / Travel Products
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`Footwear
`Gift Sets
`Headwear
`
`Layette
`Organic Products
`Plush
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`
`8/ 19/2008 6:47 PM
`
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`
`

`
`ABC Kids Expo - September 7-11, 2008 — Las Vegas Convention Center
`
`1 of 1
`
`International Playthings, Inc. ( w Add to MyShow)
`
`Exhibitor Search I Product Category Search I _l\_/l_yShow
`
`Return to search results
`
`Booth(s): 1630
`Reguest more information
`www.intp|ay.com
`
`Contact Information:
`75 D Lackawanna Avenue
`
`Parsippany, NJ 07054
`800-631-1272 (p)
`
`Comgany Descrigtion:
`Infant and preschool toys and games. Imaginetics, National Geographic, Tomy/Takara, Earlyears, Taggies, Viking,
`OkieDog, Yookidoo, Kitchen Littles, Calico Critters, Mighty World, Gotz, Quercetti, Viking, iPlay, Fitness Fun, Wham-O
`
`Product Categories:
`
`0 Educational Products
`
`0 Toys
`
`8/19/2008 6:48 PM
`
`http://abckids08.mapyourshow.com/2_0/exhibitor_detai1s.cfin?exhid...
`
`

`
`Cancellation No. 92048260
`
`i play. inc. (change of name from FAMILY
`CLUBHOUSE, INCORPORATED d/b/a iplay), a
`North Carolina corporation,
`Cancellation Petitioner,
`
`v.
`
`INTERNATIONAL PLAYTHINGS, INC’,
`a Delaware corporation,
`
`

`
`Case 2:O8—cv—O1775-DMC—MF Document1
`
`Filed 04/10/2008
`
`Page1of10
`
`Paul H. Kochanski
`LERNER, DAVID, LITTENBERG,
`KRUMHOLZ & MENTLIK, LLP
`600 South Avenue West
`Westfield, NJ 07090-1497
`Tel: 908 654 5000
`Fax: 908 654 7866
`
`Altorneysfor PlaintiffInternational Playthings, Inc.
`
`Document Filed Electronically
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`
`INTERNATIONAL PLAYTHINGS, INC.,
`
`Plaintiff,
`
`Civil Action No.
`
`V.
`
`FAMILY CLUBHOUSE, INCORPORATED I
`d/b/a i play
`
`.x
`
`Defendant.
`
`
`COMPLAINT AND DEMAND FOR TRIAL BY JURY
`
`Plaintiff International Playthings, Inc., by way of complaint against the defendant Family
`
`Clubhouse, Incorporated, hereby alleges and avers as follows:
`
`JURISDICTION AND VENUE
`
`1.
`
`This is an action in which the plaintiff is seeking pecuniary and injunctive relief
`
`from acts of the defendant arising under the Trademark and Unfair Competition Laws of the
`
`United States, 15 U.S.C. §§ 1051 et seq., and for a related claim of unfair competition under the
`
`common law of the State of New Jersey arising out of the same nexus of operative facts.
`
`2.
`
`Jurisdiction is proper in the United States District Court pursuant to 15 U.S.C.
`
`§§ 1331, 1338(a) and (b), and§ 1121.
`
`xo29ss__1.1>oc
`
`

`
`Case 2:08-cv—01775-DMC-MF Document 1
`
`Filed 04/10/2008
`
`Page 2 of 10
`
`3.
`
`Venue is proper in the District of New Jersey pursuant to 28 U.S.C. §§ 139l(b)
`
`and (c).
`
`PARTIES
`
`4.
`
`Plaintiff International Playthings, Inc., is a corporation organized and existing
`
`under the laws of the State of New Jersey and having its principal place of business at 75D
`
`Lackawanna Avenue, Parsippany, New Jersey 07054.
`
`05.
`
`Defendant Family Clubhouse,
`
`Incorporated doing business as i play, upon
`
`information and belief, is a corporation organized and existing under the laws of the State of
`
`North Carolina and having its principal place of business at 2000 Riverside Drive, Unit 9,
`
`Asheville, North Carolina 28804.
`
`BACKGROUND
`
`6.
`
`Plaintiff trades its products in North America and has established an excellent
`
`reputation for quality and service and is recognized throughout North America as a leader in
`
`providing children's toys.
`
`7.
`
`As part of its marketing plan, plaintiff has adopted a number of different
`
`trademarks to be used in conjunction with the sale of plaintiffs product in the educational toy
`area.
`
`8.
`
`One such mark that plaintiff has adopted is the I PLAY AND DESIGN trademark
`
`as shown below:
`
`K62‘)S8_I.I)()C
`
`2
`
`

`
`Case 2:08-cv—01775-DMC-MF Document 1
`
`Filed 04/10/2008
`
`Page 3 of 10
`
`9.
`
`Plaintiff adopted the I PLAY AND DESIGN trademark in late 2001 in
`
`conjunction with a collection of two products for use by children from the toddler stage up
`
`through the age of five. These were the next level of toy products after the EARLYYEARS
`
`product line.
`
`10.
`
`Plaintiff first began using the I PLAY AND DESIGN trademark on its toy
`
`products on February 2, 2002.
`
`11.
`
`Plaintiffs I PLAY AND DESIGN trademark is prominently featured on plaintiffs
`
`marketing literature, advertising, Web site and on the toy products themselves.
`
`12.
`
`In an effort to protect its I PLAY AND DESIGN trademark on its toy products, on
`
`December 5, 2001, plaintiff applied for and subsequently obtained, a federal registration for the I
`
`PLAY AND DESIGN trademark as applied to the following products: educational toys, namely,
`
`stacking toys, rattles, blocks, rings and hammer and peg toys; bath toys; pretend play toys,
`
`namely, purse and make up sets, fishing reels and rod and fake fish sets, kitchen sets, and doctor
`
`kits; sand box toys; water and outdoor toys, namely, buckets, shovels, sand molds, sieves, sand
`
`mills and squirt toys; sport toys, namely, hula hoops, jump ropes, baseball bat and ball sets and
`
`soccer balls; games, namely, board games, card games and plastic action games; puzzles,
`
`namely, jigsaw puzzles, manipulative and cube type puzzles. This Trademark Registration
`
`No. 2,923,675 was obtained by plaintiff on February I, 2005. A copy of the registration is
`
`attached hereto as Exhibit A.
`
`13.
`
`Since as early as 2002 and continuing to the present, plaintiif has enjoyed
`
`considerable sales of its toy products which bear the I PLAY AND DESIGN trademark.
`
`14.
`
`Since as early as 2002 and continuing to the present, plaintiff has advertised and
`
`promoted its toy products under its I PLAY AND DESIGN trademark.
`
`862988_l .l.)()(.‘
`
`3
`
`

`
`Case 2:08-cv-O1775—DMC—MF Document 1
`
`Filed 04/10/2008
`
`Page 4 of 10
`
`15.
`
`Since the time that plaintiff began using the I PLAY AND DESIGN trademark,
`
`plaintiff has expended substantial
`
`time, effort, and funds to promote the sale of products
`
`including its children's toys in connection with the I PLAY AND DESIGN trademark throughout
`
`the United States. By virtue of its efforts, the public has come to identify the products marketed
`
`under the I PLAY AND DESIGN trademark as being of consistently high quality, and has come
`
`to associate such trademark with goods exclusively from plaintiff.
`
`16.
`
`As a result of plaintiffs consistent sales and advertising of its children's toys
`
`under the I PLAY AND DESIGN trademark, such mark has acquired substantial and valuable
`
`goodwill in the marketplace, and has become plaintiffs most valued and valuable assets.
`
`FIRST CLAIM FOR RELIEF
`
`(Trademark Infringement]
`
`17.
`
`Upon information and belief, long subsequent to plaintiff's adoption and use of
`
`the I PLAY AND DESIGN trademark, the defendant adopted and is anticipating to sell children's
`
`toy products, including children's toy tea sets and dinnerware under the I PLAY trademark and
`
`the following design trademark.
`
`18.
`
`The products for which the defendant will use the I PLAY trademark are
`
`substantially identical to the products on which plaintiff has long previously used its I PLAY
`
`AND DESIGN trademark.
`
`862988_|,DOC
`
`4
`
`

`
`Case 2:08-cv—01775—DMC-MF Document 1
`
`Filed 04/10/2008
`
`Page 5 of 10
`
`19.
`
`Defendant's toys sold under the I PLAY trademark will be advertised in and
`
`through the same sources, and will be sold through the same channels of trade to the same
`
`classes of customers as are the customers of plaintiffs products.
`
`20.
`
`Upon information and belief, the I PLAY trademark for use in connection with
`
`the sale of toys was adopted by the defendant with actual and prior knowledge of plaintiffs long
`
`prior use of the I PLAY AND DESIGN trademark and of the substantial goodwill and
`
`high-quality reputation established in connection with such mark.
`
`21.
`
`The I PLAY trademark by the defendant on toys is identical to the trademark
`
`plaintiff utilizes on toys, and therefore defendant has appropriated for itself plaintiffs I PLAY
`
`AND DESIGN trademark.
`
`22.
`
`As a result, the use by the defendant of the I PLAY trademark is likely to cause
`
`confilsion within the trade and the purchasing public, and to create the false impression that
`
`defendant's goods sold under the I PLAY trademark are the products of plaintiff or are sponsored
`
`by, approved by, authorized by, or associated with plaintiff, or that there is some relationship
`
`between plaintiff and defendant.
`
`23.
`
`Such conduct by the defendant has caused and will continue to cause substantial
`
`damage to plaintiff unless enjoined by this Court.
`
`24.
`
`Defendant's conduct as set
`
`forth herein, constitutes willful and malicious
`
`infringement of plaintiffs I PLAY AND DESIGN trademark under 15 U.S.C. § 1114, thus
`
`rendering the present case as an "exceptional" case as that term is employed in 15 U.S.C. § 1117.
`
`25.
`
`Plaintiff is without an adequate remedy at law.
`
`862988_|.l)()C
`
`5
`
`

`
`Case 2:08-cv-01775—DMC-MF Document 1
`
`Filed 04/10/2008
`
`Page 6 of 10
`
`SECOND CLAIM FOR RELIEF
`
`Violation of § 431A) of the Lanham Act
`
`26.
`
`Plaintiff repeats and realleges each of the allegation contained in paragraphs 1-25
`
`of the complaint insofar as applicable to this claim.
`
`27.
`
`The defendant, by use of the I PLAY trademark, in an attempt to market toys, has
`
`affixed, applied, annexed, or used in connection with the sale of such goods, a false designation
`
`of origin and false descriptions and representations which tend to falsely describe or represent
`
`such goods and has caused such goods to enter into commerce with full knowledge of the falsity
`
`of such designation of origin and of such descriptions and representations, all to the detriment
`
`and damage of plaintiff.
`
`28.
`
`In particular, the sale, offering for sale, and distribution in commerce by the
`
`defendant of toys utilizing the I PLAY trademark and the overwhelming similarity to the
`
`products of plaintiff sold under the I PLAY AND DESIGN trademark constitutes a false
`
`description and representation tending to falsely describe or represent the products being sold by
`
`defendant as products endorsed, sponsored, and/or authorized by plaintiff.
`
`29.
`
`Defendant's adoption of the confusingly similar I PLAY trademark was with the
`
`express intent to cause confusion or mistake, to deceive and to mislead the trade and purchasing
`
`public and to trade upon the reputation and goodwill of plaintiff, and to improperly appropriate
`
`valuable property rights of plaintiff.
`
`30.
`
`The conduct of the defendant aforesaid in violation of 15 U.S.C. § Il25(a)
`
`(Section 43(a) of the Lanham Act), has caused and will continue to cause irreparable injury to
`
`plaintiff unless enjoined by this Court.
`
`31.
`
`Plaintiff is without an adequate remedy at law.
`
`862988_ I DOC
`
`6
`
`

`
`Case 2:08-cv-01775-DMC-MF Document 1
`
`Filed 04/10/2008
`
`Page 7 of 10
`
`THIRD CLAIM FOR RELIEF
`
`Common-Law Unfair Competition
`
`32.
`
`Plaintiff repeats and realleges each of the allegations contained in paragraphs 1-31
`
`of the complaint insofar as applicable to this claim.
`
`33.
`
`The defendant, by its acts herein above alleged, have willfully, knowingly, and
`
`intentionally engaged in acts constituting unfair competition under the common law of the State
`
`of New Jersey against plaintiff, by, among other things, adopting the I PLAY trademark for toys
`
`in a manner which will undermine plaintiffs position in the marketplace.
`
`34.
`
`Such conduct by the defendant has caused and will continue to cause irreparable
`
`injury to plaintiff unless enjoined by this Court.
`
`35.
`
`Plaintiff is without an adequate remedy at law.
`
`WHEREFORE, plaintiff prays for the following relief:
`
`A.
`
`An order adjudging the defendant to have infringed plaintiffs federally registered
`
`I PLAY AND DESIGN trademark arising out of defendant's use of the I PLAY trademark on
`
`toys;
`
`B.
`
`An order preliminarily enjoining during the pendency of this action and finally
`
`permanently enjoining defendant, together with its officers, employees, servants, and agents, as
`
`well as all persons in active concert, privity, or participation with them from employing the
`
`IPLAY trademark or any other name or trademark which would be confusingly similar to
`
`plaintiffs federally registered I PLAY AND DESIGN trademark on or in connection with the
`
`manufacturing, packaging, marketing, displaying, offering to sell, or selling of toys;
`
`C.
`
`An accounting to determine defendant's profits in connection with its sales of
`
`products utilizing the I PLAY trademark and an award to plaintiff of such profits;
`
`862988_ I .l'.)()C
`
`7
`
`

`
`Case 2:08-cv—O1775-DMC-MF Document 1
`
`Filed 04/10/2008
`
`Page 8 of 10
`
`D.
`
`An award of compensatory damages arising out of defendant's infringement and
`
`trebled as provided by 15 U.S.C. § 1117;
`
`E.
`
`F.
`
`An order adjudging the defendant to have violated 15 U.S.C. § 1 l25(a);
`
`An order preliminarily enjoining during the pendency of this action and finally
`
`permanently enjoining defendant, together with its officers, employees, servants, and agents, as
`
`well as all persons in active concert, privity, or participation with them, from violating 15 U.S.C.
`
`§ 1l25(a) by misleading perspective purchasers into believing that defendant's products sold
`
`under the I PLAY trademark are the same, synonymous with, endorsed by, authorized by, or in
`
`any way related to plaintiffs products;
`
`G.
`
`An award of compensatory damages resulting from defendant's acts in violation
`
`of 15 U.S.C. § 1l25(a) and an accounting for an award of all profits realized by the defendant
`
`based on the aforesaid act;
`
`H.
`
`An award of punitive damages arising out of defendant's acts of violation of
`
`15 U.S.C. § 1125(a);
`
`I.
`
`An order for delivery of and destruction of all products, labels, signs, prints,
`
`packages, wrappers, receptacles, advertising, marketing literature, and any other document in
`
`defendant's possession bearing the I PLAY trademark or any mark confusingly similar to
`
`plaintiffs federally registered I PLAY AND DESIGN trademark pursuant to 15 U.S.C. § 1118
`
`used in connection with toy products;
`
`J.
`
`An order adjudging the defendant to be unfairly competing under the common
`
`law of the State of New Jersey with plaintiff;
`
`so29xs_1.noc
`
`8
`
`

`
`Case 2:08-CV-O1775—DMC-MF Document 1
`
`Filed 04/10/2008
`
`Page 9 of 10
`
`K.
`
`An order preliminary enjoining during the pendency of this action and finally
`
`permanently enjoining defendant, together with its officers, employees, servants, and agents, as
`
`well as all persons in active concert, privity, or participation with them, from unfairly competing
`
`with plaintiff;
`
`L.
`
`An award of compensatory damages resulting from defendant's acts of unfair
`
`competition and an accounting for an award of all profits realized by the defendant based on the
`
`aforesaid act;
`
`M.
`
`An award of punitive damages arising out of defendant's acts of unfair
`
`competition;
`
`N.
`
`0.
`
`An award of attorney fees and costs; and
`
`Such other relief as this Court may deem necessary and just.
`
`DEMAND FOR JURY TRIAL
`
`Pursuant to Fed. R. Civ. P. 38, International Playthings, Inc. demands a jury trial of all
`
`issues in connection with the above-captioned matter.
`
`Respectfully submitted,
`
`LERNER, DAVID, LITTENBERG,
`KRUMHOLZ & MENTLIK, LLP
`Attorneysjbr Plaintifi"International
`Playthings, Inc.
`
` Dated: April /0 , 2008
` Paul H. Kochanski
`
`Tel:
`
`908.654.5000
`
`E-mail:pkochanski@ldlkm.com
`1itigation@ldlkm.com
`
`862988_ I . DOC
`
`9
`
`

`
`Case 2:08-cv-01775-DMC—MF Document 1
`
`Filed 04/10/2008
`
`Page 10 of 10
`
`CERTIFICATION PURSUANT TO LOCAL CIVIL RULE 11.2
`
`The undersigned hereby certifies, pursuant to Local Civil Rule 1 1.2, that with respect to
`the matter in controversy herein, plaintiff and plaintiffs attorney is aware of a cancellation
`proceeding pending in the United States Patent and Trademark Office before the Trademark
`Trial and Appeal Board, entitled Family Clubhouse, Incorporated, d/b/a i play v. International
`Playthings, Inc., Cancellation No. 92048260.
`
`Dated: April /0, 2008
`
`LERNER, DAVID, LITTENBERG,
`KRUMHOLZ &MENTLIK, LLP
`Attorneysfor Plaintéfllntemational
`Playthings, Inc.
`
`By:
`
`-
`:d.a.€..
`1
`Paul H. Koch
`Tel: 908.654.5000
`
`E-mail: pkochanski@ldlkm.com
`litigation@|dIkm.com
`
`862988_ I . DOC
`
`10
`
`

`
`Case 2:08-cv-01775-DMC-MF Document 1-2
`
`Filed 04/10/2008
`
`Page 1 of1
`
`Int. Cl.: 28
`
`Prior U.S. Cls.: 22, 23, 38, and 50
`
`Reg. No. 2,923,675
`United States Patent and Trademark Office
`Registered Feb. 1, 2005
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`‘flCI.. Q Q
`
`.9
`
`\ay
`
`INTERNATIONAL PLAYTHINGS,
`JERSEY CORPORATION)
`75D LACKAWANNA PLAZA
`PARSIPPANY, NJ 07054
`
`INC.
`
`(NEW
`
`FOR: EDUCATIONAL TOYS, NAMELY, STACK-
`ING TOYS, RATTLES, BLOCKS, RINGS AND HAM-
`MER AND PEG TOYS; BATH TOYS; PRETEND
`PLAY TOYS, NAMELY, PURSE AND MAKE UP
`SETS, FISHING REELS AND ROD AND FAKE FISH
`SETS, KITCHEN SETS, AND DOCTOR KITS; SAND
`BOX TOYS; WATER AND OUTDOOR TOYS, NAME-
`LY, BUCKETS, SHOVELS, SAND MOLDS, SIEVES,
`SAND MILLS AND SQUIRT TOYS; SPORT TOYS,
`
`NAMELY, I-IULA HOOPS, JUMP ROPES, BASEBALL
`BAT AND BALL SETS AND SOCCER BALLS;
`GAMES, NAMELY, BOARD GAMES, CARD GAMES
`AND PLASTIC ACTION GAMES; PUZZLES, NAME-
`LY, JIGSAW PUZZLES, MANIPULATIVE AND
`CUBE TYPE PUZZLES, IN CLASS 28 (US. CLS. 22,
`23, 38 AND 50).
`
`FIRST USE 2-2-2002; IN COMMERCE 2-2-2002.
`
`SN 76-344,977, FILED 12-5-2001.
`
`LOURDES AYALA, EXAMINING ATTORNEY
`
`

`
`Case 2:08—cv-01775—DMC—MF Document 1-3
`
`Filed 04/10/2008
`
`Page 1 of 2
`
`A0 440 (Rev. 5/85) Surnnwns in I Civil Action
`
`flutter‘! Qtatefl £tI5’l‘l‘I'£l‘ @'az1rt
`
`DISTRICT OF NEW JERSEY
`
`International Playthings, lnc.,
`
`P'°‘”“”'
`
`v.
`
`SUMMONS IN A CIVIL ACTION
`
`Family Clubhouse Incorporated
`
`CASE NUMBER‘
`
`d/b/a i play.
`
`Defendant.
`
`TO:
`
`Family Clubhouse, Incorporated
`d/b/a i play
`2000 Riverside Drive, Unit 9
`Asheville, NC 28804
`
`YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and
`serve upon PLAlNTlFF'S ATTORNEY (Name and Address)
`
`Paul H. Kochanski, Esq.
`Lerner, David, Littenberg, Krumholz & Mentlik, LLP
`600 South Avenue West
`
`Westfield, NJ 07090
`
`an answer to the complaint which is herewith served upon you, within
`twenty (20)
`days after service of this summons upon you, exclusive of the
`day of service.
`If you fail to do so, judgment by default will be taken against you
`for the relief demanded in the complaint. Any answer that you serve on the
`parties to this action must be filed with the Clerk of this Court within a reasonable
`period of time after service.
`
`
`
`
`
`CLERK
`
`8b52()5_l .l.)()C
`
`DATE
`
`

`
`Case 2:08-cv—O1775—DMC-MF Document 1-3
`
`Filed 04/10/2008
`
`Page 2 of 2
`
`A0 440 mm 5/85) Summons in I Civil Action
`
`
`
`Service of the Summons and Complaint was made by me‘
`
`RETURN OF SERVICE
`
`
`
`DATE
`
`TITLE
`
`
`
`NAME OF SERVER
`
`
`
`Check one box below to indicate appropriate method ofservice
`
`-
`
` D Served personally upon the defendant. Place where served:
`
`
`
`
`
`[___I Left copies thereof at the defendant's dwelling house or usual place of abode with a person of suitable age and
`discretion then residing therein.
`
`
`Name of person with whom the summons and complaint were lefl:
`_
`E] Returned unexecuted:
`
`
`
`
`
`
` CI Other (specify): STATEMENT OF SERVICE FEES
`
`
`TRAVEL
`
`SERVICES
`
`TOTAL
`
`DECLARATION OF SERVER
`
`
`
`I declare under penalty of perjury under the laws of the United States of America that the foregoing information
`contained in the Return of Service and Statement of Service Fees is true and correct.
`
`
`
` Executed on
`Signature ofServer
`
`
`
`1) At to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure.
`
`
`
` .?_%%
`Address ofServer
`
`xos2ns_1.t)()c
`
`

`
`Filed 04/10/2008
`,5 44(Re,,_ wgase 2:08-cv-01775-DMC—MF Document 1-4
`CIVIL COVER SHEET
`
`Page 1 of 2
`
`The JS-44 civil cover sheet and the infomiation contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law,
`except as provided by local rules of court. This form, approved by the Judicial Conference ofthe United States in September 1974, is required for the use of the Clerk of
`Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
`I. (it)
`PLAINTIFFS
`DEFENDANTS
`
`INTERNATIONAL PLAYTHINGS, INC.
`
`(1)) County of Residence of First Listed Plaintiff Morris
`(EXCEPT IN US. PLAINTIFF CASES)
`
`FAMILY CLUBHOUSE, INCORPORATED dlb/a i play
`
`County of Residence of First Listed Defendant
`(IN U.S. PLAINTIFF CASES ONLY)
`IN LAND CONDEMNATION CASES, USE THE LOCATION OF
`THE LAND INVOLVED
`
`NOTE:
`
`
`
`(c) Attorneys (Finn Name, Address, and Telephone Number)
`
`Attomeys (if known)
`
`
`
`LERNER, DAVID, LTITENBERG, KRUMHOLZ & MENTLIK, LLP
`600 South Avenue West, Suite 300
`Westfteld, NJ 07090
`Tel: 908 654 5000 Fax: 908 654 7866
`II. BASIS OF JURISDICTION (Place an "x" in one
`box only)
`estion
`G3:/emmem
`Not I puny)
`-
`-
`Citizen of Another
`D 4 6 State
`Citizenship of
`Citizen or Subject ofa
`Parties in Item III)
`Foreign COUNTY
`
`
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "x" in one box for plaintiff
`
`(For Diversity Cases Only)
`and one box for defendant)
`.
`.
`.
`.
`.
`"F D”
`Citizen of'l'liis State
`Incorporated or Principal Place
`X 4
`D 4
`of Business In This State
`Incorporated and Principal Place
`‘ ofBusiness In Another State
`Foreign Nation
`-
`
`"F “E”
`3 1
`I3 1
`
`D 2
`
`D 2
`
`E, 5
`
`Cl 5
`
`U 3
`
`U 3
`
`U 5
`
`I3 5
`
`FORFEITURE/PENALTY
`
`BANKRUPTCY
`
`OTHER STATUTES
`
`
`
`
`
`
`
`
`
`U 1
`
`u.s. o
`Plaingg-cmmen
`
`t
`
`X 3
`
`F d
`
`I
`
`D 2
`
`Ubi'fcGl$:1rtnm°nt
`
`IV. NATURE OF SUIT
`
`
`
`
`
`D 400 State Reapportionment
`0 410 Nllilfllfl
`D 430 Bank: and Banking
`D 450 CommereeIICC Ratesletc.
`0 450 Deportation
`n 410 Racketeer Influenced
`and Comm!
`Organizations
`u 810 Selective Service
`o 850 Securities/Conunoditiesl
`Exclunse
`in 875 Grstomer Challenge
`12 USC 34I0
`0 891 Agricultural Acts
`-
`-
`-
`-
`D 892 Iicsnornlc Stabilization
`D 393 Envimmmnul Mme“
`n 394 Energy Allocation Act
`D 895 Freedom of Infonnation
`Act
`
`D 900
`
`in 422 Appeal 28 USC 158
`.3 423 wiuuhwll 23 usc
`'51
`
`
`
`
`o 610 Agriculture
`[1 620 Other Food & Drug
`u 525 D,-us Rama gain" of
`pmpmy 2] USC
`u 530 Liquor Laws
`
`
`
`
`_
`
`° 31° C°PY"El"‘
`u 330 Potent
`
`x 340 Tndmwk
`
`in 640 RR. & Truck
`in 650 Airline Regs
`0660 Occupational
`Safety/Health
`o 590 Other
`
`
`
`
`
`
`a 86l H1A(1395ft)
`:1 I62 Blaclt Lung (973)
`5 353 Diwc/mww
`(40505))
`0 864 ssro Title XVI
`
`
`
`
`
`PERSONAL INJURY
`u 310 Airplane
`0 3|! Airplane Product
`Lig[~.i|i¢y
`n 320 Assault, Libel rr
`smdu
`n no Federal Employers‘
`Liability
`n 340 Marine
`rr 345 Marine Product
`Liability
`u 350 Motor Vehicle
`D 355 Motor Vehicle
`Product Liability
`in 360 Other Personal
`Injury
`
`PERSONAL INJURY
`D 362 Personal Injury—
`Med. Malpractice
`:1 355 Pgfionfl ]nj..;y_
`Product Liability
`5 353 Mauro, pcmm
`Injury Product
`Liability
`
`PBKSONALPROPEITY
`n 370 Other Fraud
`n 37! Truth in Lending
`:3 380 Other Personal
`Property Damage
`pro
`9
`
`D 3”
`
`5'
`
`o Ito Insurance
`D I20 Mlfiflfl
`u I30 Miller Act
`:1 140 Negotiable Instrument
`13 150 Recovery °f0veriny-
`merit it Enforecrnent of
`Judgment
`a 1st Medicare Act
`0 152 Recovery of Defaulted
`Sn-dent Low (EXCI.
`Veterans)
`'53 R°°°V='Y 0f
`0V¢"P3¥'“9|“ Dr
`160 sV":'r:":k3¢'1;f"'
`.
`n
`we
`n‘ nits
`u 71!) Fair Labor Standards
`U 190 Other Contract
`A”
`CI 195 Contract Product
`:2 720 LaborlMgmt. Relations
`Liability
`REAL PROPERTY
`CIVIL RIGHTS
`D 730 LaborlMgmt. Reporting
`
`& Disclosure Act
`0 210 Land Condemnation
`in 510 Motions to Vacate
`
`u «I Voting
`
`
`
`um"
`n 442 Employment
`Sentence
`'3’ 740 R‘“‘'’‘Y I-“h°' A“
`'3 355 R51 905(8))
`D 220 Foreclosure
`
`
`
`
`Equl Awe“ M Justice
`[J 790 om“ 141,0; Lifiggfion
`i: 230 Rent Lease & Ejectrnent
`D 443 Housing
`Habeas Corpus
`
`
`
`,
`.
`_
`,
`D240 Tom on Lmd
`Accommodations
`El 530 General
`
`'3 95° C°"“""“°'“"‘Y °’
`‘“ 79‘ E‘“l’L "°" '“°' s"'"“"‘V
`u 245 Tort Product Liability
`u 444 Welfare
`a 535 Death Penalty
`
`
`
`3"“ 3°"""=‘
`u no Taxes (u.s. Plaintilt‘
`A“
`0 290 All Other Real Property
`u «o Other Civil Rights
`a 540 Mandamus a
`Other
`0, Defendant)
`u 390 Other Statutory Actions
`
`El 550 Civil Rights
`D 871 IRS—Third Party
`:1 555 Prison Condition
`26 USC 7609
`
`
`
`
`
`
`(PLACE AN "X" IN ONE BOX ONLY)
`
`V. ORIGIN
`
`X l Original
`Proceeding
`
`u 7 Appeal to District
`u 5 Transferred from
`Judge from
`another district
`ent
`Ma istrate Jud
`s
`ci
`VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a briefstate