Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA492951
`ESTTA Tracking number:
`09/06/2012
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92055925
`Defendant
`Master Cutlery, Inc.
`
`MASTER CUTLERY INC
`700 PENHORN AVENUE
`SECAUCUS, NJ 07094
`UNITED STATES
`Answer
`Evelyn A. Donegan
`kmazzola@rkalaw.com
`/s/Evelyn A. Donegan
`09/06/2012
`Answer to Petition for cancellation with attachment.pdf ( 23 pages )(965609
`bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`UNETED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`
`PANTHER TRADING COMPANY, INC.,
`
`Cancellation No. 92055925
`
`Registration No. 4097292
`
`Plaintiff,
`'
`
`—against-
`
`MASTER CUTLERY, INC,
`
`Defendant.
`
`I ANSWER TO rsrrrioisnnil
`
`I I
`
`FOR CANCELLATION
`
`Defendant, Master Cutlery, Inc. (“Master Cutlery”), as and for its answer to the
`
`petition to cancel, says as follows:
`
`As the allegations of the Petition are not numbered, this party cannot respond
`
`specif1eally._
`
`1. Master Cutlery, Inc. denies all allegations of wrongdoing in relation to the
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`trademarks specified in the Petition.
`
`2. Master Cutlery,
`
`Inc.’s application for
`
`trademark embodying the word
`
`“Sheriff” was lawfully and properly tiled and prosecuted and was granted,
`
`3. Master Cutlery, Inc. denies any wrongful purpose or intention of the mark.
`
`4. Petitioner has wrongfully copied virtually all of Master Cutlery,
`
`lne.’s
`
`trademarks, copyrights and patent in an attempt to steal all of Master Cutlery,
`
`Inc.’s business.
`
`5. Master Cutlery, Inc. leaves Petitioner to its proofs as to its factual allegations.
`
`

`
`WHEREFORE, Defendant Master Cuttery demands judgment dismissing the
`
`petition, for counsel fees, costs of suit and such other and further relief as the Board may
`
`deem in the interest ofjustice.
`
`SEPARATE DEFENSES
`
`1. Petitioner comes before the Board with unclean hands. The Petitioner does
`
`not reveal that on the date of the filing of the Petition, it knew it had aiready
`
`been sued by Master Cutlery,
`
`inc.
`
`in Federai Court
`
`for
`
`trademark
`
`infringement, patent infringement and copyright infringement (copy attached
`
`hereto).
`
`2. The Petition has been filed beyond the applicable statute of limitations.
`
`3. The Petitioner has failed to obtain jurisdiction over the parties.
`
`4. The Petition fails to state a cause of action.
`
`5. The Board cannot award damages or injunctive relief which are being sought
`
`in the Federai Court, and so jurisdiction is properly before the District Court
`
`to do justice between the parties.
`
`DESIGNATION OF TRIAL COUNSEL
`
`Eveiyn A. Donegan, Esq.
`
`is hereby designated as Trial Counsel in the within
`
`matter.
`
`

`
`CERTIFICATION OF OTHER PENDING ACTION
`
`I hereby certify the matter in controversy is the subj ect of another action pending
`
`
`
`in Federal District Court, Master Cutie Inc. V. Panther Tradin Co. Inc. Civil Action
`
`No.2 2: I2-CV-04493, and I know of no other party who should be joined in the within
`
`action.
`
`Dated: September 6, 2012
`
`Q/\
`
`., (BAD
`
`A. DONEGAN,
`
`EVEL
`6720)
`RUBIN, KAPLAN & ASSOCIATES
`ATTORNEYS FOR MASTER CUTLERY,
`INC.
`
`200 Centennial Avenue, Suite 110
`Piscataway, New Jersey 08854
`732-463-751 I
`
`edonegan@,rka1aw.com (Email)
`
`CERTIFICATION OF SERVICE
`
`I hereby certify that on September 6, 2012 a copy of the within Answer to
`
`Petition was served upon counsel for petitioner in the Federal Court action:
`
`Frank A. Mazzeo, Esq.
`Ryder, Lu, Mazzeo & Konieczny LLC
`Suite 200, 808 Bethlehem Pike
`Colmar, PA 18915
`
`within the time period provided by the Rutes.
`
` Dated: September 6, 2012
`
`6720)
`M
`RUBIN, KAPLAN & ASSOCIATES ‘
`ATTORNEYS FOR MASTER CUTLERY,
`INC.
`
`200 Centennial Avenue, Suite 110
`Piscataway, New Jersey 08854
`732-463-7511
`
`edonegan@,rka1aw.com (Email)
`
`

`
`RUBIN, KAPLAN & ASSOCIATES
`A Professional Corporation
`200 Centennial Avenue, Suite 110
`Piscataway, New Jersey 08854
`(732) 463-7511
`Attorneys for Plaintiff, Master Cutlery, Inc.
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`
`MASTER CUTLERY, lNC.,
`
`Piaiatiffi
`
`V.
`
`PANTHER TRADING co, arc,
`and ABC COMPANIES L30,
`(said companies being fictitious
`sellers, buyers, marketers andfor
`manufacturers infringing products
`obtained from Panther,
`
`Defendants.
`
`Civil Action No;
`
`E
`:
`
`COMPLAJNT AND DEMANI) FOR
`JURY TRIAL
`
`COMPLAINT AND DEMAND FOR JURY TRIAL
`
`Plaintiff Master Cutlery, Inc. (hereinafter “Master Cutlery”), by and through its
`
`counsel, Richard Kaplan, Esq., of Rubin, Kaplan & Associates, complain against Panther
`
`Trading C0,, Inc. (hereinafter “Panther”) and ABC Companies (1-30), said oornpanied
`
`being fictitious sellers and/or buyers and/or marketers and/or manufacturers, of iniiinging
`
`products obtained from Panther, and alleges upon knowledge as to itself and otherwise
`
`upon information and belief as follows:
`
`

`
`NATURE OF THE ACTION
`
`1.
`
`This is an action for (1) Patent Infringement under 35 U.S.C. § 271(a), (2)
`
`induced Patent
`
`infringement under 35 U.S.C.
`
`§ 271(1)),
`
`(3) Wiiiful
`
`Copyright
`
`infiingement under 17 U.S.C. § 101, gt §_eg., (4) Wiiifill
`
`Trademark Ixfringement under the Lanham Act, (5) Unfair Competition
`
`under 15 U.S.C. § 1125 (a), (6) Unfair Competition under New Jersey
`
`Common Law,
`
`(7) Tortious Interference with Prospective Economic
`
`Advantage under New Jersey Common Law, and (8) misappropriation of
`
`intellectual property under New Jersey Common Law.
`
`JURISDICTION AND VENUE
`
`2.
`
`This Court has subject matter jurisdiction over all causes of actions set
`
`forth herein based upon 15 U.S.C. § 1121, 28 U.S.C. §§ I331, i338(a) and
`
`1338(1)), and pursuant to the supplernentai jurisdiction of this Court for all
`
`nomfederai causes of action under 28 U.S.C. § 1367.
`
`This Court has persona} jurisdiction over Defendants by virtue of, inter
`
`alia, (a) Defendant Panther Trading Co., Inc.’s having numerous business
`
`relations within the State of New Jersey and conducting regular and
`
`continuous business
`
`transactions
`
`therewith, giving it
`
`the requisite
`
`minimum contacts with the state required to be subject to jurisdiction
`
`therein;
`
`(b) Defendant Panther Trading C0,,
`
`Inc. having a piece of
`
`business at 2652 West Patapsco Avenue, Maryland 21230; (c) commission
`
`

`
`of tortious acts by all Defendants within the State of New Jersey and
`
`within this Judicial District; and (d) regular and continuous transaction of
`
`business, including the tortious acts complained of herein, within the State
`
`ofNew Jersey and within this Judicial District.
`
`I
`
`4.
`
`Venue is proper in this judicial district and division pursuant to 28 11.8.0.
`
`§ i391(b) and (C).
`
`THE PARTIES TO THE COMIPLAINT
`
`5.
`
`Plaintiff Master Cutlery,
`
`Inc.
`
`(“Master Cutlery”)
`
`is a New Jersey
`
`Corporation with its principal place of business at 700 Penhom Avenue,
`
`Secaucus, New Jersey 07094.
`
`6.
`
`Defendant Panther Trading Co., Inc.
`
`(“Panther”) is believed to be a
`
`Maryland Corporation, having a principal place of business at 2652 West
`
`Patapsco Avenue, Baltimore, Maryland 21230.
`
`7.
`
`Defendants ABC Companies are fictitious persons or entities whose
`
`present identity and address is unknown, who have also violated Plaintiffs
`
`rights as set forth herein, or who assisted, conspired, or otherwise
`
`cooperated with the other Defendants in the acts complained of herein.
`
`BACKGROUND
`
`8.
`
`On December 2, 2003, Victor Lee, President of Master Cutlery, Inc, filed
`
`a patent application with the United State l3'atent and Trademark Office
`
`(“USPTO"),
`
`entitled “Knife,” which was
`
`granted United States
`
`

`
`Application Serial No. 29/187/429 (the “-429 application”). The claim was
`
`successfully prosecuted, and on September 27, 2005 in United States
`
`Patent No. US D 510, 0093 (the “Patent”? was issued.
`
`Master Cutlery is tine exclusive owner of the Patent and has the right to
`
`sue and recover damages for infringement thereof.
`
`In or about early 2003, through its market brand, Master Cutlery, began
`
`selling commercial embodiments of the oiairned inventions in the Patent
`
`While
`
`such patents were pending, under
`
`the product brand name,
`
`“Cyclone.” Master Cutlery properly marks alt
`
`its cutlery products in
`
`accordance with 35 U.S.C. § 287.
`
`11.
`
`Defendant Panther is a manufacturer and!or distributor of cutlery products.
`
`Master Cutlery learned in 2011 that Panther had been offering for sale and
`
`selling such a nearly identical product to Master Cut1ery’s three (3) blade
`
`folding knife under the name “Skull Pirate 3 Biade Folding Knife,” which
`
`it has introduced to the market.
`
`FIRST CAUSE OF ACTION
`
`DIRECT AND VVILLFULL PATENT INFRINGEMENT UNDER 35 U.S.C. 271§a}
`
`I3.
`
`14.
`
`Paragraphs
`
`1
`
`through E2 are realleged and incorporated herein by
`
`reference.
`
`The claims of the Patent are presumed valid pursuant to 35 U.S.C. § 282,
`
`and are valid.
`
`

`
`15.
`
`Panther, in violation of 35 U.S.C. § 271 (a), has infringed and is currently
`
`infringing, eontributorily infringing andfor
`
`inducing a third party to
`
`intiinge, at least one or more of the claims of the Patent, either literally or
`
`under the Doctrine of Equivalents, by causing to be made, using, offering
`
`to sell, selling and/or importing into the United States, without license or
`
`authority, within this Judicial District and elsewhere,
`
`the aging
`
`Product, which is covered by the Patent, and/or contributing towards
`andfor inducing 3. third party to do the same.
`I
`
`16.
`
`In particular, each of the Infringing Products embodies a three blade
`
`folding knife circular in design wherein each of the three blades operate
`
`independently with any or ad} of the blades in an open or closed position as
`
`recited by the Patent.
`
`i7.
`
`18.
`
`19.
`
`The Infringing Products further embody each of the remaining elements
`
`recited by claims of the Patent.
`
`Panther Trading purchased products from Master Cutlery until 2005.
`
`Panther Trading had purchased the patented Cyclone (item #VL—03) on
`
`numerous occasions, and knew it was a patented product
`
`so its
`
`infringement was willful
`
`20.
`
`Panther intentionally caused to be made, used, offered to sell, sold andfor
`
`imported into the United States the Infringing Products, with actual
`
`knowledge, and/or knowledge imputed to it, that such products embody at
`
`ieast one of the claims of the Patent.
`
`

`
`Panther has infiinged, and upon information and belief, will continue to
`
`infringe, the claims of the Patent by the use, manufacture, offer for sale,
`
`sale, and/or importation of the Infringing Products.
`
`22.
`
`As a result of Panther’s actions, Master Cutlery has suffered injury,
`
`including irreparable
`
`injury,
`
`and damages,
`
`including inst profits,
`
`reasonable royaities, and other damages as set forth herein.
`
`SECOND CAUSE
`
`ACTION
`
`DIRECT AND ‘WILLFUL COFYRIGI-IT INFRINGEMENT UNDER 17 U.S.C. §
`
`101, et seg.
`
`23.
`
`24.
`
`Paragraph 1
`
`through 22 are realleged and incorporated herein by
`
`reference.
`
`Piaintiff hoids several copyrights, among ‘chem VA 1-318-S40, VA L257»
`
`089, VA 1-237-748, for the following:
`
`a.
`
`b.
`
`c.
`
`(1.
`
`Spider Foiding Knife
`
`Scorpion Folding Knife
`
`Electric Flash Knife Item #VL~15
`
`Spider Attack Knife
`
`25.
`
`Master Cutlery has
`
`expended significant
`
`resources promoting its
`
`ownership of its copyrights.
`
`In View of the associated niche market, most
`
`persons and businesses in the cutleryfspeciaity waives industry are aware
`
`of Master Cut1ery’s technology and its rights under the copyrights.
`
`

`
`26.
`
`Defendant Panther has willfully infringed the copyrights of Master Cutlery
`
`by copying copyrighted designs belonging to Master Cutlery, specifically:
`
`a.
`
`b.
`
`c.
`
`cl.
`
`Spider Folding Knife
`
`Scorpion Folding Knife
`
`Biectric Flash Knife Item #VL-15
`
`Spider Attack Knife
`
`27.
`
`Panther intentionally caused to be made, used, offered to sell, sold andfor
`
`imported into the United States the Infringing Products, with actual
`
`knowledge, andlor knowledge imputed to it, that such products embody at
`
`least one of the claims of the copyright.
`
`28.
`
`Defendant Panther Trading had purchased these items from plaintiff and
`
`knew they were copyrighted products and so Panthefis infringement was
`
`willful.
`
`29.
`
`As a result of Panther’s actions, Master Cutlery has suffered injury,
`
`including irreparable
`
`injury,
`
`and damages,
`
`including lost profits,
`
`reasonable royalties, and other damages as set forth herein.
`
`THIRD CAUSE OF ACTION
`
`UNFAIR COMPETITION UNQER 15 U.S.C. § 11251911
`
`30.
`
`31.
`
`Paragraphs
`
`l
`
`through 29 are realleged and incorporated herein by
`
`reference.
`
`Master Cutlery has
`
`expended signiificant
`
`resources promoting its
`
`ownership of the Patent, and the exclusive rights to the technology
`
`

`
`covered by the claims therein.
`
`In View of the associated niche market,
`
`most persons and businesses in the cutlery/specialty knives industry are
`
`aware of Master Cut1ery’s technology and its rights under the patent.
`
`32.
`
`The Defendants collective actions regarding the Infringing Products, as
`
`described herein, are likely to have misled, and will continue to mislead
`
`many persons purchasing specialty knives to believe the Defendants have
`
`received permission,
`
`license, or other consent from Master Cutlery to
`
`make, use, sell, offer for sale, or import
`
`into the United States,
`
`the
`
`Infiringing Products.
`
`33.
`
`The Defenda.nt’s use of the Infringing Products, through sale, offering for
`
`sale, and the like,
`
`is likely to deceive relevant consumers as to the
`
`Defendants affiliation with Master Cutlery or as to a sponsorship or an
`
`approval of the Infiinging Products by Master Cutlery.
`
`34.
`
`The Defendants will, if not preliminarily and permanently enjoined by the
`
`Court, continue its acts of unfair competition as set forth in the Lanham
`
`Act, thereby deceiving the public, trading on the exclusive rights granted
`
`to Master Cutlery in the form of the patent, and causing Master Cutlery
`
`immediate and irreparable harm, damage and in} ury.
`
`35.
`
`As a result of the Defendants’ collective actions, Master Cutlery has
`
`suffered injury, including irreparable injury, and damages, including lost
`
`profits, reasonable royalties, and other damages as set forth herein.
`
`

`
`FOURTH CAUSE or ACTION
`
`DIRECT AND WILLFUL TRADEMARK VIOLATIONS
`
`36.
`
`37.
`
`Paragraphs 1 through 35 are realleged an incorporated herein by reference.
`
`Plaintiff Master Cutiery is the holder of the “Sheriff” trademark which
`
`was flied on February 8, 2011 and registered. on February 7, 2012, serial
`
`number 85236751, and Panther has infringed this trademark with the
`
`following:
`
`I.
`
`2.
`
`K405 6” Black Sheriff Two-Toned Tactical Action Assisted Knife
`
`K-2-4N2 8” Sheriff Tactical Rescue Black Folding Knife—~Scimitar
`
`Blade
`
`K-253 6” Sheriff Handcuffs Action Assisted Knife
`
`K-254 6” Sheriff Handcuffs Action Assisted Knife — ("fray
`
`K-80 9” Sheriff Tactical Rescue Folding Knife (1/2 Lb. of Power)
`
`KX-100 Karambit Rescue Action Assisted Knife — Sheriff Black
`
`P~527-B—SH 8.5” Tactical Rescue “Bold” Action Assisted Knife —
`
`Biack Sheriff
`
`P~527~GY~SH 8.5” Tactical Rescue “Bold” Action Assisted Knife
`
`—~ Grey Sheriff
`
`P-528-SH—BK 7.5” Action Assisted Rescue Knives — Sheriff
`
`P—528~SH~GY 7.5” Action Assisted Rescue Knives ~ Sheriff
`
`(Grey)
`
`11.
`
`P—529—SH~BK 9” Black Sheriff Tacticai Action Assisted Folding
`
`Knife
`
`

`
`12.
`
`P-529~SI-I~CsY 9" Grey Sheriff Tactical Action Assisted Folding
`
`Knife
`
`l3.
`
`P-530-8}-I~BK 7” Black Sheriff Tactical Action Assisted Folding
`
`Knife “New”
`
`14.
`
`P-530-SH-GY 7”_ Grey Sheriff Tactical Action Assisted Folding
`
`Knife “New”
`
`15.
`
`P-569—~SH~BK 9” Black Sheriff Tacticai Action Assisted Folding I
`
`Knife
`
`16.
`
`P-569-SH-GY 9” Grey Sheriff Tactical Action Assisted Folding
`
`Knife
`
`38.
`
`Master Cutlery has
`
`expended significant
`
`resources promoting its
`
`ownership of the trademarks. In View of the associated niche market, most
`
`persons and businesses in the cutleryfspecialty knives industry are aware
`
`of Master Cutlery’s technology and its rights under the trademark.
`
`39.
`
`Panther intentionally caused to be made, used, ofiered to sell, sold and/or
`
`imported into the United States the Infringing Products, with actual
`
`knowledge, and/or knowledge imputed to it, that such products embody at
`
`least one of the claims of the trademark.
`
`40.
`
`Such infringing use of the plaintiffs trademarks was willful.
`
`As a result of Pant3:1er’s actions, Master Cutlery has suffered injury,
`
`including irreparable
`
`injury,
`
`and damages,
`
`including lost profits,
`
`reasonable royalties, and other damages as set forth herein.
`
`10
`
`

`
`FIFTH CAUSE OF ACTION
`
`UNFAIR CODIPEHTION UNDER NEW JERSEY COMMON LAW
`
`42.
`
`Paragraphs
`
`1
`
`through 41 are realleged and incorporated herein by
`
`reference.
`
`43.
`
`The aforementioned collective acts of the Defendants constitute unfair
`
`competition and unfair business practices contrary to the common law of
`
`New Jersey.
`
`44.
`
`The Defendants will, if not preliminarily and permanently enjoined by the
`
`Court, continue its acts of unfair competition as defined by the common
`
`law of New Jersey, thereby deceiving the public, trading on the exclusive
`
`rights granted to Master Cutlery in the form of the patent, and causing
`
`Master Cutlery immediate and irreparable harm, damage and injury.
`
`45.
`
`As a result of the Defendants’ collective actions, Master Cutlery has
`
`suffered injury, including irreparable injury, and damages, including iost
`
`gorofits, reasonable royalties, and other damages as set forth herein.
`
`SIXTH CAUSE OF ACTION
`
`TORTIOU$ INTERFERENCE WITH PROSI’ECTIVE ECONOMIC
`
`ADVANTAGE
`
`46.
`
`Paragraphs
`
`1
`
`through 45 are realieged and incorporated herein by
`
`reference.
`
`47.
`
`The patent grants Master Cutlery the right to exclude others from making,
`
`using,
`
`selling, offering for
`
`sale, or selling the claimed invention
`
`ll
`
`

`
`throughout the United States or importing the claimed invention into the
`
`United States pursuant to 35 U.S.C. § IS4.
`
`48.
`
`Master Cutlery enjoys a protectahle right in the form of a United States
`
`patent, copyrights and trademarks and the claimed invention recited by the
`
`claims of the patent, copyrights and trademarks which provides Master
`
`Cutlery reasonable expectation of an economic advantage to the entirety of
`
`a marketplace covered by such claims.
`
`49.
`
`Any prospective consumers seeking to purchase a product or device
`
`embodying the claims of the patent would need permission, consent or
`
`license from Master Cutlery to acquire such a product; and accordingly,
`
`Master Cutlery has a reasonable expectation of economic advantage from
`
`any person seeking to acquire a product embodying the claims of the
`
`patent.
`
`50.
`
`The Defendants, as a result of their collective actions set forth herein, have
`
`interfered with Master Cutlery‘s protectable right in the claimed invention
`
`and more specificallyfithey have disrupted Master Cut1ery’s enjoyment of
`
`its exclusive rights under the patent.
`
`51.
`
`The Defendants’
`
`collective actions were
`
`committed with malice,
`
`willfulness and the intent to interfere with Master Cutlery’s exclusive
`
`rights under the patent, without reasonable and lawful justification or
`
`EXCUSE.
`
`52.
`
`But for the Defendants’ collective actions, Master Cutlery had more than a
`
`reasonable expectation, in View of its monopolistic rights under the patent,
`
`12
`
`

`
`that every prospective consumer who showed interest
`
`in acquiring
`
`Infringing Products fiorn the Defendants Wouid have acquired Master
`
`CutIery’s patented product(s) instead.
`
`53.
`
`54.
`
`The Defendants’ collective actions constitute a statutory violation under
`
`35 U.S.C. § 271, the Lanharn Act and 17 U.S.C. §101,;e,t seq. anti as such,
`
`transgess generally accepted standards of common morality and law.
`
`The Defendants will, if not preliminarily and permanently enjoined by the
`
`Court, continue to tortiousiy interfere with Master Cutiery’s prospective
`
`economic advantage as granted by the patent, copyrights and trademarks
`
`and causing Master Cutlery immediate and irreparable harm, damage and
`
`injury.
`
`55.
`
`Defendants have engaged in a pattern of infringement of other products
`
`created with notable unique design features and offered for purchase by
`
`plaintiff by copy without consent, the following:
`
`a)
`
`b)
`
`c)
`
`d)
`
`e)
`
`i)
`
`g)
`
`11)
`
`i)
`
`a belt knife
`
`a barber knife, with multiple color variations
`
`butterfly shaped throwing knife
`
`“rescue action” knife - biack
`
`“rescue action” knife — red
`
`“rescue action” knife — orange
`
`“action assisted” knife —- red
`
`“skull and snake” throwing knife.
`
`spider foiding knife
`
`13
`
`

`
`J)
`
`1<)
`
`3)
`
`scorpion folding knife
`
`electric flash knife item #VL«1S
`
`spider attack knife
`
`K-i05 6” Black Sherifi‘ Twoffoned Tactical Action Assisted Knife
`
`K—242 8” Sheriff Tactical Rescue Black Folding Knife-Scimitar
`
`Blade
`
`K-25 3 6” Sheriff Handcuffs Action Assisted Knife
`
`K-254 6” Sheriff Handcuffs Action Assisted Knife — Gray
`
`K-80 9” Sheriff Tactical Rescue Folding Knife (1/2 Lb. of Power)
`
`KX—100 Karambit Rescue Action Assisted Knife 5- Sherifi'B1ack
`
`P~527—B—SH 8.5” Tactical Rescue “Bold” Action Assisted Knife ——
`
`Black Sheriff
`
`P—527—GY~SH 8.5” Tactical Rescue “Boid” Action Assisted Knife
`
`~ Grey Sherifi‘
`
`P~528~SH—BK 7.5” Action Assisted Rescue Knives — Sheriff
`
`P~S28—SH=~GY 7.5” Action Assisted Rescue Knives —~ Sheriff
`
`(Grey)
`
`P—529—SH—BK 9” Black Sheriff Tactical Action Assisted Folding
`
`Knife
`
`P~—529~SH—-GY 9” Grey Sheriff Tactical Action Assisted Folding
`
`Knife
`
`P—530~SH~BK 7” Black Sheriff Tactical Action Assisted Folding
`
`Knife “New”
`
`

`
`z)
`
`P-530-SH-GY 7” Grey Sheriff Tactical Action Assisted Folding
`
`Knife “New”
`
`aa)
`
`P669-SH-BK 9” Black Sheriff Tactical Action Assisted Folding
`
`Knife
`
`bb)
`
`P~569—SH~GY 9" Grey Sheriff Tactical Action Assisted Folding
`
`Knife
`
`56.
`
`As a result of the Defendants’ collective actions, Master Cutlery has
`
`suffered injury, including irreparable injury, and damages, including lost
`
`profits, reasonable royalties, and other damages as set forth herein.
`
`SEVENTH CAUSE OF ACTION
`
`MISAPPROPRIATION OF INTELLECTUAL PROPERTY
`
`57.
`
`Paragraphs
`
`1
`
`through 56 are realleged and incorporated herein by
`
`reference.
`
`58.
`
`The
`
`aforementioned collective
`
`acts of
`
`the Defendants
`
`constitute
`
`misappropriation of intellectual property under New Jersey Common Law.
`
`59.
`
`p The Defendants will, if not enjoined by the Court, continue to benefit by
`
`the infonnation gained through misappropriation of corporate proprietary
`
`materials, and causing Master Cutiery immediate and irreparable harm,
`
`damage and injury.
`
`60.
`
`As a result of the Defendants’ collective actions, Master Cutlery has
`
`suffered injury, including irreparable injuzry, and damages, including lost
`
`profits, reasonable royalties, and other damages as set forth herein.
`
`

`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff demands judgment against each of the defendants as foliows:
`
`‘A.
`
`a permanent injunction restraining Defendants, their respective officers,
`
`agents, servants, employees, attorneys, and those in active concert or
`
`participation with them, or any of them who receive actual notice of the
`
`order by personal service or otherwise, from:
`
`making, using, selling, offering for sale, or importing into the United
`
`States, the Infringing Products; and
`
`assisting or inducing others to make, use, sell, offer for sale, or import into
`
`the United States, the Infringing Products;
`
`an award of damages for Defendants’ willful acts of liability under 35
`
`U.S.C. § 271, in accordance 35 U.S.C. § 284, and in particuiar, an award
`
`of damages adequate to compensate for the willfui infringenient but in no
`
`event iess than a reasonable royalty for the use made of the Infringing
`
`Products, together with interest and costs as fixed by the Court;
`
`an award of increased damages under 35 U.S.C. § 284, including three
`
`times the amount found or assessed in paragraph (B) above;
`
`an award of damages inciusive of any actual damages suffered by Plaintiff
`
`as a result of Defendants’ liability stated hereinabove, inciuding arising
`
`out of Defendants’ liability arising out of Counts I-- VII, and other Counts
`
`that may be added at a later date once additional information is obtained;
`
`16
`
`

`
`an award of damages fi'om Defendants for their iiability under § 43(a) of
`
`the Lanharn Act, including any profits made by Defendants in connection
`
`with its unlawful activity, any damages sustained by Plaintifi‘ as a result of
`
`Defendants’ unlawful activity, and any costs incurred with pursuing this
`
`Action, including Court costs, attorney’s fees, and additional costs related
`
`thereto, pursuantto 15 U.S.C. § 11 I7(a);
`
`an award of damages for Defendants’ acts of liability under 17 (18.0. §
`
`504, in accordance l7 U.S.C. § 504, and in particular, statutory damages
`
`of $150,000 per infringement of willful vioiation, or an award of damages
`
`adequate to compensate for the infringement but in no event less than a
`
`reasonable royalty for the use made of the Infringing Products, together
`
`with interest and costs as fixed by the Court;
`
`an award of all damages incurred, directly or indirectly, as a result of
`
`Defendants’ unlawful acts set forth herein, said damages to be trebled at
`
`the discretion of the Court pursuant to N..T.S.A. 562442;
`
`a determination by the Court that Defendants’ unlawful actions set forth
`
`herein are exceptional, warranting an award of damages to Plaintiffs for ali
`
`reasonable attorney’s fees incurred by Piaintiffs, pursuant to 35 U.S.C. §
`
`285 and 15 U.S.C. § lll7(a); 17 U.S.C. § 101, et seq.
`
`an award of prej udgment and post-j udgrnent interest and costs of suit;
`
`an award of punitive damages in an amount to be determined by the Court,
`
`but not iess than $1,000,000.00, for Defendants’ deliberate and willful
`
`acts;
`
`17
`
`

`
`K.
`
`an award of actuai and compensatory damages in an amount not presently
`
`known, but to be computed during the pendency of this action; and
`
`L.
`
`an award of any such other and further relief as this Court deems just and
`
`equitable.
`
`DEMAND FOR JURY
`
`Plaintiff, Master Cutiery, hereby demands trial by juxy as to all issues in the
`
`Complaint.
`
`Date: July 17, 2012
`
`Respecifully submitted,
`
`By:/s/ Eveixg A. Donegan BAD 6720
`EVELYN A. DONEGAN, ESQ.
`RUBIN, KAPLAN & ASSOCIATES
`ATTORNEYS FOR P}"..AI1\TTE‘F
`
`200 Centennial Avenue, Suite 110
`Piscataway, New Jersey 08854
`732463-7511
`
`edonegan@rka1aw.com (Email)
`
`

`
`CERTIFICATION PURSUANT TO LOCAL CIVIL RULE 11,2
`
`The undersigned hereby certifies, pursuant to Local Civil Rule 11.2, that with
`
`respect to the matter in controversy herein, neither plaintiff nor plaintiffs attorney is
`
`aware of any other action pending in any court, or any pending arbitration or
`
`administrative proceeding, to which this matter is sub} eet.
`
`Date: July 17, 2012
`
`Respectfully submitted,
`
`By:/s/ Evelyg A. Donegan EAD 6720
`EVELYN A. DONBGAN, ESQ.
`RUBIN, KAPLAN & ASSOCIATES
`ATTORNEYS FOR PLAINTIFF
`
`200 Centennial Avenue, Suite 110
`Piscataway, New Jersey 08854
`732«-463-751 I
`
`edgnegan@,rka1aW.com (Emaii)
`
`

`
`mod-1 {Rcv.12v'67.NJ5:’D8}
`
`(jffi/“IL CQVER SfiEE’]‘
`
`ui:ed by law, exoeptas provided
`pets as
`'11::-. JS «:4 civil coversheet_and the information con:ainecI_ herein neither niplaoe norsugplemontthe filing andservice. ofpleaciinfiis orethos
`by Eo_oa_1 mics ofcourt Tins form, approved by the Judimat Conference 0 the Unitsé rates In Scptembor 1974, is roquxred for
`:5 use of e Cierk of mm for toe purpose ofmitiating
`the cmi docket sheet.
`(SEE. INSTRUCTIONS GN ‘£1-3E REVERSE OF THTL FORM.)
`
`I. (a) PLA1N'I'IFFS
`
`Master Cutiery, Inc.
`
`0:) County ofRes%cionoo ot‘Fi:st Listed Plaintiff Hudson
`E 11 Add
`A
`'
`I
`d
`N
`u”°m°"" S (F m Name’ A dress’ rmepmne "mb" and ma
`(9
`Evelyn A. Donegan, Esc;., Rubin, Kapian 8: Associates
`200 Centenniai Ave. Suite 110 Pisoataway, NJ 08854
`’
`'
`(732) 46337511
`edor:egan@ rkaiawxzom
`
`rm)
`
`BEFENDANTS
`
`Paniher Trading 00., mo, and ABC Companies 1-30
`
`County of Residence of First Listed Defendant
`
`Baflimore Conny. MD
`
`NOTE: EN LANE) cononnmxnow (uses, USE THE zocmon on THE
`LAND "‘“’°L"*3D-
`)
`
`$11
`
`°“""“
`
`{It"KrI
`
`°“"‘
`
`II. BASIS OF JURISDICTION (Place an “X" in One Box Oniy}
`
`{J 1 US. Government
`PlaEn!1'1‘f
`
`Cl
`
`2- Fcdcmj Question
`(1J.S.GovernmemNot a Party}
`
`I“. CITIZENSHIP OF PRINCEPAL PARTIES(P1aoo an “X” in Cm: Box for Plaintiff
`(For Divozsity Cases Only)
`and Om Box for Dcfizndmat)
`PTF
`P114‘
`DEF
`5 I
`E} 4
`E3 4
`
`DEF
`D 1
`
`Enoorpormed or Principal Place
`of Business In This State:
`
`Citizen offisis Stoke
`
`(‘J 2 US. Government
`D°f“‘d”“
`
`3 4
`
`ébiversily
`(Indicate Cifimnship or Parfies in Rom m)
`
`Citizen ofhraother Stain:
`
`I3 2 R 2
`
`Cifizcn orsubjom afa
`Forei Conn
`
`C3 3
`
`{J
`
`3
`
`lncorporaleé and Ptincipai Place
`°f B"‘*"°“ "* "“°“’°‘" W”
`Foreign Nation
`
`£3
`
`5
`
`E} S
`
`C3 6
`
`C] 6
`
`
`
`
`
`[3 £10 Insurance
`I3 120 Marine
`D 139 Miller Am
`C7 140 Negokiabia Irrsmlrnzmt
`Cl 150 Reoovery of Ovczpzym-ant Cl
`&Enforcamcu:ofJudgmm
`U 15! Medicare Ac:
`El 152 Recovery ofbofauitod
`Student Loans
`(Exci. Veterans)
`E1 253 Recovery offlvnroaymmt
`ofVo«Ee:an's Benefits
`['3 E60 Stockholders‘ Suits
`Cf E90 Ollxcr Contract
`
`
`
`C!
`
`E]
`‘C3
`
`{J
`['3
`
`
`
`
`
`
`
`_
`
`o
`
`-
`
`
`
`
`
`
`
`
`
`
`
`{.3
`
`
`
`V- ORIGIN
`on Original
`Proceeding
`
`(P1a::ean“X"inOnc Box Oniy}
`5 T“'“3‘°”‘."‘ ‘."’°“‘ C! 6 Muifiéisirict
`[:1 4 Reimtaiedor
`5 2 Removed from
`[3 3 Remandod from
`a§;c‘’;'-’ ‘‘ '5‘"°*
`Lengasion
`Reofiened
`State Court
`Appeitatc Court
`under which you are filing (Do not cite jurisdictional statutes unless Iiiversily):
`
`E}
`
`VI. CAUSE OF ACTION
`
`£3 7
`
`1‘°Di5“'i°‘-
`AP
`1“ fie “°“”
`fggfigggfl
`
`VII. REQUESTED IN
`COMPLAXNT:
`
`Btieféescngtinn of cause:
`Deieno nt infringed plaintiffs paient, copyrights and trademarks
`C3 CHECK IF THIS Is A CLASS AC’£‘7{ON
`DEMAND 5
`UNDER F.R‘C.P. 23
`
`CHECK YES oniy ifdeananded in complaint:
`- sum DEMAND:
`at ‘(as
`:3 No
`
`VIII. RELATEB CA.SE(S)
`
`V
`,
`_
`(See :ns1mc11ons).
`
`Explanation:
`
`JUDGE
`
`DOCKET NUMBER
`
`
`
`DATE
`SIGNATURE OF ATTORNEY on RECORD
`7
`
`
`
`E’W11 712012 - _.
`
`Piano an
`
`
`«xv: in one
`0”]
`W» NA T
` :aa»;+*:-xvzsme -~
`12 -
`'
`'
`.
`.
`-
`A
`
`PERSONAL INJURY
`U «$22 Appeal 28 USC 358
`U 400 State Reapportionmcn:
`
`Cl
`362 Persona! Injury w
`{J 423 withdrawn!
`0 410 Anlfirus:
`310 Airplane
`
`Med. Malpractice
`D 625 Drug Related Seizure
`28 USC 157
`CI
`-130 Banks and Banking
`315 Airplane Product
`C3 450 Commeroc
`Liability
`El 365 Pcrsonallnjury -
`ofProperty 11 USC 883
`320 Assault, L-ibol &
`Produot Liabilitx
`D 630 Liqaor Laws
`C1 460 Deportation
`Slander
`E1 368 Asbestos Personal
`0 640 RR. &.'}'Yuok
`13 4'70 Racketcor Influenced and
`D 339 Federal Emphycts’
`Iqiury Product
`[3 650 Airline Regs.
`Comp: Organizntiorrs
`Liabiliiy
`Liability
`CI 660 Occupational
`D 480 Consumer Credit
`3413 Maxim:
`PERSONAL PROPERTY
`Safety}!-loam;
`D 490 Cablclsai TV
`345 Marine Psoduct
`U 370 Other Fraud
`0 810 Selective Service
`Liabiiity
`[3 3?! Truth in Lending
`I3 850 Secuririosfcommodizicsr
`.».~_‘1:*..,.fi:_is.E
`
`
`350 Motor Vohicte
`U 380 Omar Personal
`Exchange
`(33951?)
`
`
`355 Momr Vehicle
`?rope-any bamngc
`C3 862 Black Long {923}
`C3 875 Cm:tomerChaiIorJgc
`Act
`Produo! Liabifiity
`385 Properly Damago
`Cl 720 Labor.'Mgm1. Reiafions
`D 863 I)EWC.’D1WW{«:0S(g))
`12 USC 34 E0
`360 Dike: Personal
`Product Liability
`C! 730 Labor/Mg:1$LRepcn1ing
`E3 864 SS1!) Tim: XVI
`E3 890 00:2: Statutory Actions
`In‘
`an Disciostne Act
`0 89! Agriouituml Am
`.
`-
`'
`.
`'
`.. I3 892 Economic Stzbiiizafion Ac!
`$1 210 Land Conriemoation
`{J 870 Taxes (21.5. Plaintiff
`D 893 Envirom-aenm! Maflm
`442 Employrnc-nt
`E}
`{J 220 Foreclosure
`or Defendant)
`U 894 Energy Ailocarion Act
`0 230 Ram Lease & Ejoonnont U 443 Housing]
`Habeas Corpus:
`{'3 871 1RS—ThErd Party
`0 895 Freedom ofinfonnation
`
`
`[J 240 Torts to Land
`Accommodations
`530 General
`26 USC 7609
`Act
`
`
`D 245 Tort ?ruduct Liabiiity
`«M4 Welfare
`E3
`535 Dcazh Pcmatzy
`'
`.- ..w..:»h'_,;,,g,§-C¢,R§A‘BIO ., '1
`C3 90GAppea1 of Fee Dcaorrninafion
`
`
`E3 290 Ali other Real Property
`I3 1645 Amer, wiDisa§:i1i:ios »
`540 Mandamus 8:. Other 0 -162 Nanxralization Applioafion
`Undor Equafi Access
`Employmcnt
`S50 Civii Rights
`C! 463 Hahcas Corpus —
`to Janice
`
`446 Amo-r, wffiisabilitics — D 555 Pfison Coxsdition
`Aiion Detainee
`D 950 Constitutionality of
`Other
`3 465 other immigration
`Ssatc Statutes
`-1 40 Other Civil Rights
`Actions
`
`
`
`Cl 820 Copyrights
`E 830 Patent
`
`E3 3420 Trademark
`
`
`
`
`
`
`
`
`
`‘:
`
`..i:-
`
`
`
`I3 ‘P90 Olhor Labor Lisigation
`D 791 Empl. ReL Inc.
`
`
`
`C3