Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA651635
`ESTTA Tracking number:
`01/22/2015
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92057511
`Defendant
`Origami Owl, LLC
`RAY K HARRIS
`FENNEMORE CRAIG
`2394 E CAMELBACK RD, STE 600
`PHOENIX, AZ 85016
`UNITED STATES
`ssmith@fclaw.com, ip@fclaw.com
`Motion to Suspend for Civil Action
`Ray K. Harris
`rharris@fclaw.com, mtollive@fclaw.com
`/Ray K. Harris/
`01/22/2015
`Motion to Suspend Proceedings.pdf(6011 bytes )
`Complaint v. Mayo.pdf(383397 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`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
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of
`Trademark Registration No. 4307520
`
`ANN MAYO,
`
`Petitioner,
`
`v.
`
`ORIGAMI OWL, LLC,
`
`Respondent.
`
`Commissioner for Trademarks
`2900 Crystal Drive
`Arlington, Virginia 22202-3513
`Box: TTAB No Fee
`
`Cancellation No. 92057511
`
`Trademark Registration No.: 4,307,520
`Mark: LIVING LOCKETS
`Registered: March 26, 2013
`
`MOTION TO SUSPEND PROCEEDINGS
`
`Origami Owl, LLC, Respondent in this cancellation proceeding, has filed a civil action
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`against Ann Mayo, Petitioner in this action, to enforce the LIVING LOCKETS trademark at
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`issue in this cancellation proceeding. Pursuant to TTAB Rule of Practice 2.117(a) Respondent
`
`moves to suspend these proceedings until termination of the civil action. A copy of the
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`Complaint in the civil action, filed today in the U.S. District Court in the District of Arizona, is
`
`attached.
`
`Respectfully Submitted,
`
`By:
`
`/s/Ray K. Harris
`Ray K. Harris, Esq.
`FENNEMORE CRAIG
`2394 East Camelback Road
`Suite 600
`
`9922517.1/035264.0022
`
`

`
`Phoenix, AZ 85012
`Tel: (602) 916-5000
`Fax: (602) 619-5999
`email: ip@fclaw.com
`
`Attorneys for Respondent
`
`.
`
`Certificate of Service
`
`The undersigned hereby certifies that a copy of this paper has been served via First Class
`
`Mail, postage pre-paid, to:
`
`Luke Brean
`P.O. Box 4120
`Portland, OR 97211
`
`Respectfully submitted this 22nd day of January, 2015.
`
`By
`
`/s/Ray K. Harris
`Ray K. Harris
`FENNEMORE CRAIG
`2394 East Camelback Road
`Suite 600
`Phoenix, Arizona 85016
`(602) 916-5000
`Attorneys for Origami Owl, LLC.
`
`9922517.1/035264.0022
`
`- 2 -
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`

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`Case 2:15-cv-00110-JZB Document 1 Filed 01/21/15 Page 1 of 14
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`FENNEMORE CRAIG, P.C.
`Ray K. Harris (No. 007408)
`2394 East Camelback
`Suite 600
`Phoenix, AZ 85016-3429
`Telephone: (602) 916-5000
`Email: rharris@fclaw.com
`
`Attorneys for Plaintiff
`Origami Owl, LLC
`
`UNITED STATES DISTRICT COURT
`
`DISTRICT OF ARIZONA
`
`Origami Owl, LLC, a Delaware
`corporation,
`
`Plaintiff,
`
`v.
`
`Julie E. Mayo, a single woman, Ann L.
`Mayo, a single woman, doing business
`as West Coast Charms and 5th Avenue
`Pets,
`
`Defendants.
`
`Civil Action No. ____________
`
`COMPLAINT FOR
`
`(1) Design Patent Infringement
`(35 U.S.C. § 271)
`
`(2) Trademark Infringement
`(15 U.S.C. § 1114)
`
`(3) Copyright Infringement
`(17 U.S.C. § 501)
`
`Demand For Jury Trial
`
`Plaintiff Origami Owl, LLC (“O2”), for its Complaint against Julie E. Mayo and
`
`Ann L. Mayo, d.b.a. West Coast Charms and 5th Avenue Pets, alleges:
`
`THE PARTIES
`
`1.
`
`O2 is a Delaware corporation with its principal place of business at 410 S.
`
`Benson Lane, Suite 1, Chandler, AZ 85224.
`
`2.
`
`On information and belief, Julie E. Mayo is a resident of California, residing
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`at 6900 Birchwood Circle, Citrus Heights, CA 95621 or 2485 Notre Dame Boulevard,
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`Suite 370-121, Chico, CA 95928. Julie E. Mayo does business as West Coast Charms and
`
`5th Avenue Pets.
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`FENNEMORE CRAIG, P.C.
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`9887014.6/035264.0056
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`P H O E N I X
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`

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`Case 2:15-cv-00110-JZB Document 1 Filed 01/21/15 Page 2 of 14
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`3.
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`On information and belief, Ann L. Mayo is a resident of California, residing
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`at 4 Valley Lake Commons, Chico, CA 95928. On information and belief, since 2011,
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`Ann L. Mayo also does business as West Coast Charms and 5th Avenue Pets.
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`4.
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`On information and belief, in 2011, Julie E. Mayo sold the businesses
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`known as West Coast Charms and 5th Avenue Pets to Ann L. Mayo. Ann L. Mayo is the
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`mother of Julie E. Mayo. Julie E. Mayo continues to assist in running the businesses.
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`5.
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`Ann L. Mayo and Julie E. Mayo are the agents of each other and, at all
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`times since 2011, acted within the course and scope of such agency.
`
`JURISDICTION AND VENUE
`
`6.
`
`This Court has subject matter jurisdiction over O2's claims for patent,
`
`trademark, and copyright infringement pursuant to 15 U.S.C. § 1121(a) and 28 U.S.C.
`
`§§ 1331 and 1338(a). Diversity jurisdiction exists under 28 U.S.C. § 1332 because the
`
`amount in controversy is in excess of $75,000, excluding interest and costs, and there is
`
`complete diversity between the parties. Supplemental jurisdiction over the state law
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`claims exists under 28 U.S.C. §§ 1338(b) and 1367.
`
`7.
`
`On information and belief,
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`this Court has personal
`
`jurisdiction over
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`Defendants. Defendants have (a) purposely availed themselves of the privilege of
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`conducting substantial business in the State of Arizona; (b) derived financial benefits from
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`residents of the State of Arizona, including by marketing and selling infringing products
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`to residents of the State of Arizona and otherwise placing infringing products into the
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`stream of commerce, with the knowledge or understanding that such products are sold in
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`the State of Arizona; (c) caused targeted harm to occur to O2 in Arizona. The causes of
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`action arise directly from the Defendants' activities in the State of Arizona.
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`8.
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`Defendants
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`operate
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`websites
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`at
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`www.5thavenuepets.com and
`
`www.westcoastcharms.com to sell
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`infringing products to retailers in Arizona and
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`throughout the United States.
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`FENNEMORE CRAIG, P.C.
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`9887014.6/035264.0056
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`P H O E N I X
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`- 2 -
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`

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`Case 2:15-cv-00110-JZB Document 1 Filed 01/21/15 Page 3 of 14
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`9.
`
`Venue is proper in this judicial district under 28 U.S.C. §§ 1391 and 1400
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`because Defendants have, among other things, sold infringing goods in this district.
`
`FACTS COMMON TO ALL CLAIMS FOR RELIEF
`
`The Business of O2
`
`10.
`
`O2 creates jewelry products and distributes them primarily through a direct
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`sales channel of independent designers who conduct in-home shows. O2 distributes to
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`independent designers, and to end users, through online sales. The O2 products include
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`charms, floating lockets, lanyard lockets, chains, plates, dangles, tags, bracelets and
`
`earrings.
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`11.
`
`O2 began doing business in 2011 and now has more than 350 full time
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`employees at its headquarters in Arizona and 60,000 independent designers throughout the
`
`United States .
`
`12.
`
`Since 2011, O2 has added to its product line by introducing Seasonal
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`collections as well as specialty collections related to holidays or other special occasions.
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`13.
`
`O2 also utilizes a number of trademarks to distinguish its jewelry collections
`
`from products offered by competitors. O2 has obtained U.S.
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`federal
`
`trademark
`
`registrations for a number of
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`trademarks,
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`including ORIGAMI OWL (Reg. No.
`
`4,170,416) and LIVING LOCKETS (Reg. No. 4,307,520).
`
`14.
`
`15.
`
`O2 has invested a substantial amount to establish goodwill in its trademarks.
`
`O2's products embody various forms of intellectual property that O2 has
`
`developed and vigorously protected. O2 has (1) obtained a patent (U.S. Patent No.
`
`D711,278 (“the design patent”)); (2) developed substantial trademark rights in LIVING
`
`LOCKET, which consumers immediately recognize as indicating the source of the
`
`products as originating from O2; and (3) acquired copyright registrations for the product
`
`designs.
`
`16.
`
`O2 has garnered widespread media acclaim and developed a deep
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`FENNEMORE CRAIG, P.C.
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`9887014.6/035264.0056
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`P H O E N I X
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`

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`Case 2:15-cv-00110-JZB Document 1 Filed 01/21/15 Page 4 of 14
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`connection with its loyal consumer base. Capitalizing on its strong reputation, O2 has
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`experienced tremendous sales since its launch in 2011.
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`Defendants' Copyright Infringement
`
`17.
`
`Defendants sell charms, dangles, tags, floating lockets, bracelets and lanyard
`
`lockets. On information and belief, Defendants sell at wholesale to customers who sell at
`
`retail.
`
`18.
`
`Defendants offer numerous charms, dangles,
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`tags and floating lockets
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`substantially similar or identical to O2's copyrighted and patented designs. Since April
`
`2012, Defendants have been on notice that they are selling products that infringe O2's
`
`copyrighted designs.
`
`19.
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`As O2 has added new designs to its copyrighted collection, Defendants have
`
`copied those designs.
`
`20.
`
`Defendants have acted in bad faith to take advantage of the aesthetic appeal
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`of O2's copyrighted designs.
`
`Defendants' Trademark Infringement
`
`21.
`
`Defendants have also emulated O2's trademarks in order
`
`to confuse
`
`consumers and divert sales. Beginning in late 2012, Defendants began using “Living Life
`
`Lockets” on the 5thAvenuePets.com and WestCoastCharms.com websites.
`
`22.
`
`As early as November 2012, O2 requested the Defendants cease using
`
`“Living Life Lockets” because it is confusingly similar to LIVING LOCKETS.
`
`23.
`
`Defendants sought
`
`to federally register “Living Life Lockets” as a
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`trademark and sought to cancel O2's trademark registration for LIVING LOCKETS.
`
`24.
`
`Defendants have acted in bad faith to take advantage of the goodwill and
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`reputation for high quality for O2's goods sold under the LIVING LOCKETS trademark.
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`25.
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`Defendants willfully intend to confuse consumers into believing that there is
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`an affiliation, connection, or relationship between Defendants and O2 when there is not.
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`9887014.6/035264.0056
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`P H O E N I X
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`- 4 -
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`Case 2:15-cv-00110-JZB Document 1 Filed 01/21/15 Page 5 of 14
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`26.
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`Defendants' websites trade on the goodwill of the LIVING LOCKETS mark
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`and unfairly competes with goods sold by O2 by creating initial interest confusion.
`
`Defendants Induce Others to Infringe
`
`27.
`
`Defendants induce and encourage third party retailers operating on eBay,
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`Etsy and other websites to sell infringing charms using “Living Life Lockets”.
`
`28.
`
`On information and belief, Defendants are materially contributing to
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`infringing conduct by third party retailers who sell at kiosks and other store-front
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`locations or over the Internet.
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`Continuing Harm from Defendants' Infringement
`
`29.
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`Defendants' conduct has been willful and has continued, despite receipt of
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`notice of O2's intellectual property rights and Defendants' ongoing intellectual property
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`infringement.
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`30.
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`Rather than develop their own designs and brand, Defendants have blatantly
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`copied O2, thereby infringing O2's patent, copyrights and trademark.
`
`31.
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`Defendants are direct competitors of O2 and they are infringing O2's
`
`intellectual property to divert sales from O2.
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`32.
`
`Due to O2's renown and consumers' recognition, consumers will likely
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`suffer confusion and mistakenly believe that Defendants and their goods are endorsed,
`
`approved, or sponsored by, or affiliated, connected, or associated with O2. Defendants
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`will thus reap the benefits of O2's reputation and goodwill based on this consumer
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`confusion, to O2's detriment.
`
`33.
`
`Defendants' commercial conduct violates O2's valuable intellectual property
`
`rights, and Defendants' knowing, intentional, and willful infringement of O2's LIVING
`
`LOCKETS trademark and proprietary designs is damaging O2.
`
`34.
`
`O2's interest in protecting its intellectual property rights and its products
`
`from consumer confusion outweigh any harm to Defendants. The public interest is best
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`P H O E N I X
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`Case 2:15-cv-00110-JZB Document 1 Filed 01/21/15 Page 6 of 14
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`served by granting O2's requested relief against Defendants.
`
`COUNT ONE
`
`Patent Infringement – 35 U.S.C. § 271
`
`35.
`
`36.
`
`O2 incorporates by reference the factual allegations set forth above.
`
`On August 19, 2014, the USPTO duly and legally issued U.S. Patent
`
`D711,278 (the “design patent”). O2 is the owner of the design patent for the Heart-
`
`Shaped Locket and holds all rights and interests in the design patent.
`
`37.
`
`On information and belief, Defendants have been and currently are
`
`infringing the design patent by, among other things, making, using, selling, and/or
`
`offering to sell, within the territorial boundaries of the United States, heart-shaped lockets
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`that are covered by the design patent.
` Figure 2 of D711,278:
`
` Accused devices:
`
`38.
`
`As a direct and proximate result of Defendants' infringement of the design
`
`patent, O2 has been and will continue to be irreparably damaged and deprived of its rights
`
`in the design patent. Thus, O2 is entitled to its actual damages, lost profits and a
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`permanent injunction against further infringement pursuant to 35 U.S.C. §§ 283 and 284.
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`P H O E N I X
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`Case 2:15-cv-00110-JZB Document 1 Filed 01/21/15 Page 7 of 14
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`In the alternative, O2 is entitled to Defendants' total profit, but not less than $250,
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`pursuant to 35 U.S.C. § 289.
`
`39.
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`Defendants' acts make this an exceptional case under 35 U.S.C. § 285.
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`Thus, O2 is entitled to an award of attorneys' fees and costs.
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`COUNT TWO
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`Trademark Infringement – 15 U.S.C. § 1114
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`O2 incorporates by reference the factual allegations set forth above.
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`O2 has established a unique, protectable, and recognizable trademark for
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`40.
`
`41.
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`LIVING LOCKETS. The LIVING LOCKETS mark has been used by O2 since at least as
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`early as August 2011.
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`42.
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`O2's federal registration for LIVING LOCKETS (Reg. No. 4,307,520)
`
`issued prior to the first use by Defendants of “Living Life Lockets”.
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`43.
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`As a result of O2's marketing, advertising, and promotion of its goods, O2's
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`LIVING LOCKETS mark has become well-known as a distinctive indicator of the origin
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`of O2's goods, has acquired a highly favorable reputation among members of the
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`purchasing public, and has become a valuable symbol of O2's goodwill. The trade and the
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`general public recognize goods labeled LIVING LOCKETS as originating from O2.
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`44.
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`LIVING LOCKETS is inherently distinctive as applied to O2's goods.
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`Moreover, the distinctiveness of LIVING LOCKETS has increased by virtue of O2's use
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`and promotion of the mark and the resulting secondary meaning among consumers as a
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`source indicator for O2's goods.
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`45.
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`On information and belief, the relevant trade and the general public are
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`confused and believe Defendants' goods labeled “Living Life Lockets” originate from O2.
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`46.
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`On information and belief, Defendants intended to, and did in fact, confuse
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`and mislead consumers into falsely believing that Defendants' products originated from,
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`were licensed, sponsored, or approved by, or were somehow affiliated, connected, or
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`P H O E N I X
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`Case 2:15-cv-00110-JZB Document 1 Filed 01/21/15 Page 8 of 14
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`associated with O2. Defendants sell competing goods and seek to create initial interest
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`confusion for consumers seeking O2's goods.
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`47.
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`In fact,
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`there is no affiliation, connection, association, or
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`licensing
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`relationship between O2 and Defendants, nor has O2 ever authorized,
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`licensed, or
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`provided permission to Defendants to use LIVING LOCKETS in any manner whatsoever.
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`48.
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`Defendants' actions constitute trademark infringement
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`in violation of
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`15 U.S.C. § 1114.
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`49.
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`As a direct and proximate result of Defendants' wrongful conduct, O2 has
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`been damaged and, unless Defendants are enjoined, will continue to be damaged.
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`50.
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`On information and belief, Defendants' activities have caused, and will
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`cause, confusion and deception of the consuming public and irreparable harm to O2 for
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`which it has no adequate remedy at law.
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`51.
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`O2's trademark rights comprise unique and valuable property rights.
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`Defendants' infringement constitutes an interference with O2's goodwill and customer
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`relationships and will substantially harm O2's reputation as a source of high quality goods
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`and services. Defendants' wrongful conduct, and the damages resulting to O2, are
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`continuing. Accordingly, O2 is entitled to injunctive relief. 15 U.S.C. § 1116(a).
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`52.
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`O2 is entitled to an order: (1) requiring Defendants to account to O2 for any
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`and all profits derived by Defendants from their actions, to be increased in accordance
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`with the applicable provisions of law; and (2) awarding all damages sustained by O2
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`caused by Defendants' conduct. 15 U.S.C. § 1117(a).
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`53.
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`Defendants' conduct was intentional and without foundation in law. Thus,
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`O2 is entitled to an award of enhanced profits and damages against Defendants. 15 U.S.C.
`
`§ 1117(a).
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`54.
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`Defendants' acts make this an exceptional case. Thus, O2 is entitled to an
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`award of attorneys' fees and costs. 15 U.S.C. § 1117(a).
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`9887014.6/035264.0056
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`P H O E N I X
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`Case 2:15-cv-00110-JZB Document 1 Filed 01/21/15 Page 9 of 14
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`COUNT THREE
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`Copyright Infringement – 17 U.S.C. § 501
`
`55.
`
`56.
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`O2 incorporates by reference the factual allegations set forth above.
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`The United States Copyright Office issued U.S. registrations to O2 as shown
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`on Exhibit A. O2 is sole owner of the copyrights and the registrations shown on Exhibit
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`A. The registrations are prima facie evidence of the validity of O2's copyrights and of the
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`facts stated in the registration certificates.
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`57.
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`Defendants infringed individual designs contained in copyright registrations
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`for O2's collections as also shown in Exhibit A.
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`58.
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`Defendants also infringed O2's copyrights in individual copyrighted designs
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`by copying the O2 designs and selling a substantially similar product without O2's
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`permission. The United States Copyright Office issued U.S. registrations to O2 as shown
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`in the following paragraphs. O2 is sole owner of the copyrights and the registrations. The
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`registrations are prima facie evidence of the validity of O2's copyrights and of the facts
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`stated in the registration certificates. The following paragraphs depict images for O2
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`designs in copyright registrations issued to O2 and the Defendants' infringing designs:
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`a.
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`Registration No. VAu001121483:
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`O2
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`West Coast Charms
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`b.
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`Registration No. VAu001121482
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`O2
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`West Coast Charms
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`FENNEMORE CRAIG, P.C.
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`9887014.6/035264.0056
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`P H O E N I X
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`- 9 -
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`Case 2:15-cv-00110-JZB Document 1 Filed 01/21/15 Page 10 of 14
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`c.
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`Registration No. VAu001121546
`
`O2
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`West Coast Charms
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`d.
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`Registration No. VAu00121478
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`O2
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`West Coast Charms
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`e.
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`Registration No. VAu001121497
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`O2
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`West Coast Charms
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`f.
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`Registration No. VAu001121501
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`O2
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`West Coast Charms
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`g.
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`Registration No. VAu001121491
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`O2
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`West Coast Charms
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`. . .
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`FENNEMORE CRAIG, P.C.
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`9887014.6/035264.0056
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`P H O E N I X
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`- 10 -
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`Case 2:15-cv-00110-JZB Document 1 Filed 01/21/15 Page 11 of 14
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`h.
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`Registration No. VAu001121545
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`O2
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`West Coast Charms
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`i.
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`Registration No. VAu001121495
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`O2
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`West Coast Charms
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`59.
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`60.
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`On information and belief, Defendants' actions were willful.
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`Defendants'
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`infringing acts have caused, and will continue to cause,
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`irreparable injury to O2, and O2 has no adequate remedy at law. Accordingly, O2 is
`
`entitled to an injunction, pursuant to 17 U.S.C. § 502, and an order impounding any and
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`all infringing materials, pursuant to pursuant to 17 U.S.C. § 503.
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`61.
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`Defendants' actions constitute copyright infringement. O2 is entitled to its
`
`actual damages and Defendants' profits. 17 U.S.C. § 504(a).
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`62.
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`Alternatively, O2 is entitled to elect statutory damages (instead of actual
`
`damages and profits), including enhanced statutory damages due to Defendants' willful
`
`infringement. 17 U.S.C. § 504(c).
`
`63.
`
`O2 is entitled to its attorneys' fees and costs. 17 U.S.C. § 505.
`
`COUNT FOUR
`
`Federal Unfair Competition --15 U.S.C. § 1125
`
`64.
`
`65.
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`O2 incorporates by reference the factual allegations set forth above.
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`Defendants use “Living Life Lockets” to falsely represent that Defendants
`
`offer O2's LIVING LOCKETS products in order to divert customers to Defendants'
`
`websites. These false representations constitute unfair competition in violation of
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`FENNEMORE CRAIG, P.C.
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`9887014.6/035264.0056
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`P H O E N I X
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`Case 2:15-cv-00110-JZB Document 1 Filed 01/21/15 Page 12 of 14
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`15 U.S.C. § 1125(a)(1)(A).
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`66.
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`Defendants' unauthorized use of "Living Life Lockets” falsely designates
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`the origin of Defendants' goods and services.
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`67.
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`Defendants have caused, and unless enjoined by this Court, will continue to
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`cause, irreparable injury and damage to O2, for which O2 has no adequate remedy at law.
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`68.
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`Defendants' actions demonstrate an intentional, willful, and malicious intent
`
`to trade on the goodwill associated with O2's federally registered LIVING LOCKETS
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`mark. O2 is entitled to injunctive relief and to an award of Defendants' profits, actual
`
`damages, enhanced profits and damages, costs, and attorneys' fees pursuant to 15 U.S.C.
`
`§§ 1114, 1116, and 1117.
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`COUNT FIVE
`
`Common Law Unfair Competition
`
`69.
`
`70.
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`O2 incorporates by reference the factual allegations set forth above.
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`Defendants use "Living Life Lockets" to cause confusion, deception and
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`mistake by, and thereby divert
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`to Defendants, consumers seeking O2 products.
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`Defendants sell those diverted consumers their competing products.
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`71.
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`Defendants' conduct is contrary to honest practice in commercial matters
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`and constitutes palming off and unfair competition under Arizona law.
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`72.
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`73.
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`Defendants' conduct is willful and intentional.
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`Defendants' conduct has caused and will continue to cause irreparable injury
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`to O2, its business reputation and the associated goodwill. O2 has no adequate remedy at
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`law. O2 will continue to be irreparably injured unless and until Defendants are enjoined
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`from the unlawful conduct.
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`74.
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`Defendants' conduct evidences an evil hand guided by an evil mind
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`warranting the imposition of punitive damages.
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`75.
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`Defendants' actions demonstrate an intentional, willful, and malicious intent
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`FENNEMORE CRAIG, P.C.
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`9887014.6/035264.0056
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`P H O E N I X
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`Case 2:15-cv-00110-JZB Document 1 Filed 01/21/15 Page 13 of 14
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`entitling O2 to injunctive relief and to an award of Defendants' profits, actual damages,
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`and punitive damages.
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`WHEREFORE, O2 prays for a judgment that:
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`PRAYER
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`A.
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`B.
`
`Defendants have infringed the design patent in violation of 35 U.S.C. § 271.
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`Defendants have willfully infringed O2's LIVING LOCKETS trademark in
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`violation of 15 U.S.C. § 1125(a).
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`C.
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`Defendants have willfully engaged in copyright infringement in violation of
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`17 U.S.C. § 501.
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`D.
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`Defendants,
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`their officers, agents, servants, employees, successors, and
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`assigns, their subsidiary and related entities, attorneys, and all other persons, firms,
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`associations, and entities who are in active concert or participation with them, are
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`permanently enjoined from:
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`1.
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`2.
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`3.
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`infringing the design patents;
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`infringing O2's LIVING LOCKETS trademark; and
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`infringing O2's copyrights.
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`E.
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`Within thirty (30) days after the entry and service on Defendants of an
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`injunction, Defendants must file with this Court and serve upon O2's counsel a report in
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`writing and under oath setting forth in detail the manner and form in which Defendants
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`have complied with the injunction pursuant to 15 U.S.C. § 1116(a).
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`F.
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`O2 is awarded damages as follows:
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`1.
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`pursuant to 35 U.S.C. § 284, all damages adequate to compensate O2
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`for Defendants' infringement of the design patent, and in no event
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`less than a reasonable royalty for Defendants' acts of infringement;
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`2.
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`In the alternative, Defendants total profits but not less than $250
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`FENNEMORE CRAIG, P.C.
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`9887014.6/035264.0056
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`P H O E N I X
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`pursuant to 35 U.S.C. § 289;
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`- 13 -
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`Case 2:15-cv-00110-JZB Document 1 Filed 01/21/15 Page 14 of 14
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`3.
`
`pursuant to 15 U.S.C. § 1117(a), O2's actual damages, as well as all
`
`of Defendants' profits or gains of any kind from their acts of
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`trademark infringement, including treble damages;
`
`4.
`
`pursuant to 17 U.S.C. § 504(a), O2's actual damages as well as all of
`
`Defendants' profits from their acts of copyright infringement; and
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`5.
`
`in the alternative, pursuant to 17 U.S.C. § 504(c), at O2's election,
`
`statutory damages for Defendants' willful copyright infringement.
`
`5.
`
`pursuant to Arizona common law, actual and punitive damages for
`
`unfair competition.
`
`G.
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`This case is adjudged an exceptional case and O2 is awarded reasonable
`
`attorneys' fees, expert witness fees, costs, and expenses incurred in this action under
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`35 U.S.C. § 285 and 15 U.S.C. § 1117(a).
`
`H.
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`O2 is awarded all of its costs, disbursements, and other expenses incurred
`
`due to Defendants' unlawful conduct pursuant to 35 U.S.C. § 284 and 17 U.S.C. § 505 and
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`reasonable attorneys' fees under 17 U.S.C. § 505.
`
`I.
`
`J.
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`O2 is awarded pre-judgment and post-judgment interest.
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`O2 is awarded such other relief as the Court may deem just and appropriate.
`
`Pursuant to Rule 38 of the Federal Rules of Civil Procedure, O2 hereby demands a
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`JURY DEMAND
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`trial by jury.
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`DATED this 21st day of January, 2015.
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`FENNEMORE CRAIG, P.C.
`
`By s/Ray K. Harris
`Ray K. Harris
`Attorneys for Plaintiff
`Origami Owl, LLC
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`9887014.6/035264.0056
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`P H O E N I X
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`Case 2:15-cv-00110-JZB Document 1-1 Filed 01/21/15 Page 1 of 3
`
`EXHIBIT A
`
`O2's Charms
`
`WestCoast's Charms
`
`O2's Collection
`First Charms
`VA0001842166
`Spring 2012
`
`Dangles
`Collection
`VA0001893589
`Fall 2013
`
`Fall Collection
`VA0001893593
`Fall 2013
`
`Valentine's Day
`2014 Collection
`VA0001909315
`
`Mother's Day
`2014 Collection
`VAu001170135
`
`9908470.1/035264.0056
`
`

`
`Case 2:15-cv-00110-JZB Document 1-1 Filed 01/21/15 Page 2 of 3
`
`O2's Charms
`
`WestCoast's Charms
`
`O2's Collection
`Graduation
`Collection 2014
`VA0001915256
`
`Bienvenidos
`Collection 2014
`Va0001915258
`
`Fall Charms
`Collection 2014
`VA0001928064
`
`Spring Charms
`Collection 2014
`______________
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`9908470.1/035264.0056
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`

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`Case 2:15-cv-00110-JZB Document 1-1 Filed 01/21/15 Page 3 of 3
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`O2's Charms
`
`WestCoast's Charms
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`O2's Collection
`New Charms
`VA0001842167
`(Summer 2012)
`
`Holiday 2014
`Collection
`VA0001932182
`
`9908470.1/035264.0056