Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA732606
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`Filing date:
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`03/10/2016
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`92060396
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`Party
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`Correspondence
`Address
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`Submission
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`Filer's Name
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`Filer's e-mail
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`Signature
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`Date
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`Attachments
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`Plaintiff
`Importaciones Defalla, LLC
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`JULIET ALCOBA
`ALCOBA LAW GROUP PA
`3399 NW 72 AVENUE, STE 211
`MIAMI, FL 33122
`UNITED STATES
`jalcoba@miamipatents.com, alcoba@miamipatents.com
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`Motion to Suspend for Civil Action
`
`Juliet Alcoba
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`jalcoba@miamipatents.com, alcoba@miamipatents.com
`
`/Juliet Alcoba/
`
`03/10/2016
`
`Defalla Motion to Suspend Proceedings.pdf(300147 bytes )
`Exhibit A Complaint.pdf(4860810 bytes )
`Exhibit B Executed Waiver of Service.pdf(475138 bytes )
`
`

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`UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK
`TRIAL AND APPEAL BOARD
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`Importaciones Defalla, LLC Petitioner,
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`v. ) Cancellation No. 92060396
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`Natura New York, LLC Registrant
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`PETITIONER’S MOTION TO SUSPEND PROCEEDINGS AND MOTION FOR
`ADJOURNMENT OF TRIAL DATES PENDING THE BOARD’S DECISION ON
`MOTION TO SUSPEND
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`Petitioner Importaciones Defalla LLC (hereinafter “Petitioner”), by and through its
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`undersigned counsel, hereby moves this Honorable Board for an order suspending this
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`Cancellation proceeding, pursuant to 37 C.F.R §2.117(a) of the Trademark Rules of Practice and
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`TBMP § 510.02(a), pending the disposition of the trademark litigation proceeding recently filed
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`by Registrant Natura New York, LLC against Petitioner in the United States District Court for
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`the Southern District of Florida.
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`The grounds for this motion are as follows:
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`1. The pending proceeding has issues which may be addressed in the pending case in the
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`United States District Court for the Southern District of Florida. See Exhibit “A”
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`Motion to Suspend Proceedings
`P. 1
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`

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`Complaint. The matter has yet to be tried. We anticipate a trial within the next year
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`or so.
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`2. The depositions recently taken have raised additional grounds to pursue cancelling
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`Registrant’s mark which will be identified in the Answer, Affirmative Defenses, and
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`counterclaims in the federal court proceeding.
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`3. The time to respond to the Complaint has not expired and a copy of the Answer,
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`Affirmative Defenses, and Counterclaim that will be filed by Petitioner in the Civil
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`Action will be uploaded to the TTAB upon its completion. Exhibit “B” Waiver of
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`Service.
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`4. To ensure consistency in the outcome of the proceedings suspension of the
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`cancellation proceeding would be proper.
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`5. Registrant opposes this motion to suspend proceedings.
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`6. The Civil Action, like the present cancellation, seeks adjudication of the respective
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`rights of the parties. Although the issues in the two proceedings are not identical, and
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`the ultimate outcome of the Civil Action may not necessarily dispose of all issues
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`raised in the cancellation, such congruence of issues is not required to justify a stay of
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`the cancellation. 37 C.F.R. §2.117(a) provides as follows: “(a) Whenever it shall
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`come to the attention of the Trademark Trial and Appeal Board that a party or parties
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`to a pending case are engaged in a civil action or another Board proceeding which
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`may have a bearing on the case, proceedings before the Board may be suspended
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`until termination of the civil action or the other Board proceeding.”
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`In light of the foregoing, it is respectfully requested that the present opposition be
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`suspended pending the disposition of the Civil Action in district court between the parties hereto.
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`Motion to Suspend Proceedings
`P. 2
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`

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`MOTION FOR ADJOURNMENT OF TRIAL DATES PENDING THE BOARD’S
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`DECISION ON MOTION TO SUSPEND
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`Petitioner respectfully moves this Honorable Board for an adjournment of all trial dates,
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`pending the disposition of the present motion to suspend. The relief is requested so that the
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`parties will not have to proceed with the effort and expense of introducing evidence in this
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`cancellation only to have the Board later decide that the proceeding will be suspended in any
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`event to await the determination of the Civil Action.
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`Respectfully submitted,
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`JULIET ALCOBA, ESQ.
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`By: s/Juliet Alcoba/
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`Alcoba Law Group, P.A.
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`3399 NW 72 Avenue, #211
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`Miami, FL 33122
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`305.362.8118
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`ATTORNEY FOR PETITIONER
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`Motion to Suspend Proceedings
`P. 3
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`

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`
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`CERTIFICATE OF SERVICE
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`I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed electronically
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`by mutual agreement on this 10th day of March 2016 to chris@sanchelima.com
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`By: /s/ Juliet Alcoba
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`
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`Juliet Alcoba
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`Attorney for Petitioner
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`Motion to Suspend Proceedings
`P. 4
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`

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`EXHIBIT “A”
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`COMPLAINT FILED BY
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`REGISTRANT AGAINST
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`PE TITIONER
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`

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`Case 1:l6—cv—2018l—XXXX Document 1 Entered on FLSD Docket 01/14/2016 Page 1 of 10
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`IN THE UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
`MIANII DIVISION
`
`Case No.
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`NATURA NEW YORK LLC.
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`a Florida Limited Liability Company,
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`Plaintiff.
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`VS.
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`IMPORTACIONES DEFALLA, LLC.,
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`a Florida Limited Liability Company,
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`Defendant.
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`COMPLAINT
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`Plaintiff NATURA New York, LLC. (hereinafter “NATURA"), sues lmportaciones
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`Defalla, LLC. (hereinafter “Defendant”), and makes the following allegations:
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`PARTIES JURISDICTION AND VENUE
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`1. NATURA is a Florida limited liability company doing business in the county of
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`Miami Dade, Florida and was formed on October 31, 2005.
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`2. Defendant, is a Florida limited liability company doing business in the county of
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`Miami—Dade, Florida and was formed on December 27, 2010.
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`3.
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`This is an action for infringement of a federally registered trademark, false
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`description and representations, false designations of origin under the Lanham Act, Title 15,
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`United States Code, Sections 1114 and 1l25(a), and the ancillary state causes of action of
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`common law trademark infringement and unfair competition.
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`

`
`Case 1:16-cv—20181—XXXX Document 1 Entered on FLSD Docket 01114/2016 Page 2 of 10
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`4. Jurisdiction of this Court arises under 28 U.S.C. Sec. 1331, 28 U.S.C. Sec. 1338, and
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`under the doctrine of pendent jurisdiction over state claims arising from a common nucleus of
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`operative facts.
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`5. Venue is proper in this District pursuant to 28 U.S.C. §1391(b) and (c) and §l400(b)
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`because one or more of the defendants reside or can be found in this District, Defendant does
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`business in this District, and/or a substantial part of the events or omissions giving rise to the
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`claim occurred in this District.
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`FACTUAL BACKGROUND
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`6. NATURA owns the incontestable registration for the trademark D’NATURE NEW
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`YORK in the Principal Register of the U.S. Patent and Trademark Office for cosmetics and
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`make—ap; cosmetic creams for skin care for D’NATURE NEW YORK. NATURA also owns
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`the Florida state registration for the trademark NATURA NEW YORK for cosmetic products;
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`natural products such as facial products and make—up products. The trademark D’NATURE
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`MINERAL has been applied for, US. Application No. 86/516,766, and has been approved for
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`publication, as of the date this action was filed.
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`Register
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`Reg. No.
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`Reg. date
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`Mark
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`
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`Federal 3,590,347
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`Florida T06000OOl014
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`03/ 1 7/2009
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`
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`D’NATURE NEW YORK
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`08/10/2000
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`NATURA NEW YORK
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`
`
`
`
`

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`Case 1:16—cv—20181—X)<XX Document 1 Entered on FLSD Docket 01/14/2016 Page 3 of 10
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`Copies of these applications and registrations are attached hereto, and referred to, as
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`Exhibit "1”.
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`7. NATURA’s registration No. 3,590,347 for the mark D’NATURE NEW YORK has
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`become incontestable under Section 15 of the Lanham Act l5 U.S.C. 1065.
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`8. NATURA started using in commerce its trade name, NATURA NEW YORK, LLC
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`at least as early as 2005 and has used its trade name continuously since 2005 in promotional and
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`advertising material. Over the years, NATURA’s customers and providers have known
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`NATURA by the shortened version of its formal trade name, namely, NATURA.
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`9. NATURA has been using continuously its federally registered mark, D’NATURE
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`NEW YORK since at least as early as 2008, and continues today to use this mark. NATURA
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`has been using continuously its Florida registered mark, NATURA NEW YORK since at least
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`as early as 2005, and continues today to use this mark.
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`10. The marks D’ NATURE NEW YORK, NATURA NEW YORK, along with the
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`trade name NATURA NEW YORK LLC will be collectively referred to as “NATURA’s
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`marks”.
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`11. NATURA has also used the word "NATURA” as part of its trade name nationally
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`and internationally, and more particularly in Miami—Dade county, developing a valuable
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`goodwill.
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`12. NATURA has been continuously offering its services, using NATURA’s marks,
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`through advertising and promotional activities thus creating valuable goodwill
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`for
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`the
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`NATURA’s marks.
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`

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`Case 1:l6—cv-2018:L—XXXX Document 1 Entered on FLSD Docket OJJ14/2016 Page 4 of 10
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`13. Defendant started using designations that include the word NATURA for services
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`and goods similar to those offered by NATURA, which will hereinafter be referred to
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`collectively as the “Infringing Designations”.
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`14. Defendant was aware of the existence of NATURA and NATURA’s marks before
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`Defendant adopted the designation NATURA USA and nonetheless proceeded to use the
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`confusingly similar designation. NATURA worked with Defendant until 2010 and allowed
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`Defendant to use the mark. However, in 2010 the relationship was severed and Defendant was
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`no longer authorized to use the mark. He opened his own business in 2010 and chose a new
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`trademark, NATURA USA.
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`15. Others in the relevant industry have acquiesced to NATURA’s superior trademark
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`rights and have recognized its distinctiveness in the industry.
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`16.
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`Defendant has knowingly and willfully adopted and used the Infringing
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`Designations knowing about the prior existence of Plaintiff’ s rights over the NATURA marks.
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`17. NATURA has been, and will continue to be, damaged by the acts of Defendants.
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`Moreover, the goodwill of NATURA has been damaged and will continue to be irreparably
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`damaged unless enjoined.
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`18. Plaintiff has objected to Defendant’s use of the confusingly similar designation,
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`including a cease and desist letter sent in 2014.
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`19. There is no adequate remedy at law for this irreparable harm unless an injunction is
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`issued.
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`

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`Case 1:16—cv—20181~XXXX Document 1 Entered on FLSD Docket 01/14/2016 Page 5 of 10
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`COUNT I
`FEDERAL MARK INFRINGEMENT UNDER 15 U.S.C. 1114
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`NATURA realleges the allegations set forth in pa1‘agraphS 1 through 19, inclusive.
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`20. The use in commerce by Defendant of the Infringing Designations for cosmetics
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`andfor services related to the distribution of cosmetics is likely to cause confusion, or cause
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`mistake, or to deceive the public and/or members of the trade in violation of Section 32a of the
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`Lanham Act, 15 U.S.C. 1114a.
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`WHEREFORE, NATURA respectfully requests this Honorable Court
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`to grant
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`the
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`remedies provided under Sections 34 and 35 of the Lanham Act (15 USC 1116 and 1117)
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`including preliminary and permanent injunctive relief, compensatory damages,
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`lost profits,
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`accounting and treble damages, attorney’s fees, interest, costs, and any other relief the Court
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`deems just and proper
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`VIOLATION OF SECTION 432 OF THE LANHAM ACT (15 U.S.C. 112521]
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`COUNT II
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`NATURA realleges the allegations set forth in paragraphs 1 through 20, inclusive.
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`21. The above referenced acts constitute misrepresentations under Section 4321 of the
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`Lanham Act 15 USC 1125, that are likely to cause confusion as to the source of the cosmetics
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`goods sold by Defendants bearing the Infringing Designations and/or sponsor of its services as
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`if originating from the Plaintiff.
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`WHEREFORE, NATURA respectfully requests this Honorable Court
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`to grant
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`the
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`remedies provided under Sections 34 and 35 of the Lanham Act (15 USC 1116 and 1117)
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`including preliminary and permanent injunctive relief, compensatory damages, treble damages,
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`attorney’s fees, costs, and any other relief the Court deems just and proper.
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`

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`Case 1:16—cv-2018:L—XXXX Document 1 Entered on FLSD Docket 01il4/2016 Page 6 of 10
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`COUNT III
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`COMMON LAW MARK INFRINGEMENT
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`NATURA realleges the allegations set forth in paragraphs 1 through 21, inclusive.
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`22. The use andfor advertising of the Infringing Designations by Defendant is likely to
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`cause COI'lfl.1Sl()Tl or mistake among purchasers as to the source of the cosmetics goods andfor
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`sponsorship of Defendant’s services with those of NATURA.
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`23. Defendant’s deliberate and willful use and/or advertising of Infringing Designations
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`to identify the same, or related, services is likely to cause confusion or mistake among
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`purchasers as to the source and sponsorship of the services and such acts of said Defendant
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`constitute common law infringement of NATURA’s Marks. The dominant portion of
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`NATURA’s mark is NATURA and the dominant portion of Defendant’s mark is the identical
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`designation NATURA.
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`24. Defendant has passed off its goods as those of the Plaintiff.
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`WHEREFORE, NATURA respectfully requests this Honorable Court to grant:
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`a.
`
`b.
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`c.
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`d.
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`preliminary and permanent injunctive relief;
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`compensatory damages and punitive damages;
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`accounting and lost profits;
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`and any other relief the Court deems just and proper.
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`COUNT IV
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`COMMON LAW UNFAIR COMPETITION
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`NATURA realleges the allegations in Paragraphs 1 through 24, inclusive, as if fully set
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`forth herein.
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`25. The conduct of Defendant violates Florida's common law unfair competition laws.
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`

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`Case 1:16-cv-20181-XXXX Document 1 Entered on FLSD Docket 01/14/2016 Page 7 of 10
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`WHEREFORE, NATURA requests this Honorable Court to grant:
`
`a.
`
`b.
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`c.
`
`d.
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`preliminary and permanent injunctive relief;
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`compensatory damages, punitive damages, attorney’s fees, and;
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`accounting and lost profits;
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`and any other relief the Court deems just and proper.
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`COUNT V
`UNJUST ENRICHMENT
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`NATURA realleges the allegations in Paragraphs 1 through 25, inclusive, as if fully set
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`forth herein.
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`26.
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`The acts of Defendant complained of herein constitute unjust enrichment of the
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`Defendants at NATURA’s expense in violation of the common law.
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`27.
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`Defendant’s profited unjustly from their unauthorized and unlicensed use of
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`NATURA’s trademarks.
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`28.
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`Defendant had an appreciation and knowledge of the benefit they derived from
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`their unauthorized and unlicensed use of NATURA’s trademarks.
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`29.
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`Retention by the Defendants of the profits they derived from their unauthorized
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`use of NATURA’s trademarks would be inequitable.
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`30.
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`Defendant’s unauthorized and unlicensed use of NATURA’s trademarks have
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`damaged NATURA in an amount to be proven at trial, and Defendants should disgorge their ill-
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`gotten profits.
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`31.
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`As a direct result of Defendant’s actions, NATURA has suffered and continues
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`to suffer irreparable harm for which NATURA has no adequate remedy at law, and which will
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`continue unless Defendants; actions are enjoined.
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`

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`Case 1:16-cv—20181—><XXX Document 1 Entered on FLSD Docket 01/14/2016 Page 8 of 10
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff NATURA prays that the Court:
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`1.
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`2.
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`Enter judgment in favor of NATURA and against Defendant.
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`Declare that Defendant’s conduct has been willful and that Defendant has acted with
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`fraud and malice.
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`3.
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`Enter a preliminary and permanent injunction enjoining Defendant and its officers,
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`directors, principals, agents, servants, employees, successors, and assigns, and all persons and
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`entities in active concert or participation with it, from engaging in any of the activity
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`complained of herein or from causing any of the injury complained of herein and from assisting,
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`aiding or abetting any other person or business entity in engaging or performing any of the
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`activity complained of herein or from causing any of the injury complained of herein.
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`4.
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`Enter judgment awarding NATURA actual damages from Defendant adequate to
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`compensate NATURA for Defendant’s activities complained of herein and for any injury
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`complained of herein, including but not limited to interest and costs, in an amount to be proven
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`at trial.
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`5.
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`6.
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`Enter judgment disgorging Defendant’s profits.
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`Enter judgment awarding enhanced, exemplary and special damages, in an amount to be
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`proved at trial.
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`7.
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`8.
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`Enter judgment awarding attorneys’ fees and costs.
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`Order such other relief that the Couit deems just and reasonable.
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`

`
`U344 (Rggapoe) 1:16—cv—20181-XXXX DocE.!iifiiiJ1éO§.ri3tfi§&_ffiiJEiISD Docket 01/14/2016 Page 1 of 2
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`The JS 44 civil cover sheet and the information contained herein neither re lace nor sugplement the filing and service ofpleading: or other Eapers as reguired by law, except as provided
`by local rules of court. This form, approved by the Judicial Conference o the United tates in September 1974, is required for
`e use oft e Clerk of ourt for the purpose of initiating
`the Civil docket sheet.
`(SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
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`1. (:1 PLAINTIFFS
`NATU
`NEW YORK LLC.
`
`DEFENDANTS
`IMPORTACIONES DEFALLA, LLC
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`(b) County ofResidcnce 01‘ First Listed Plaintiff Ml3l'T'|l'D8C39
`(EXCEPT IN US. PLAINTIFF CASES)
`
`Mlaml"D3de
`County of Residence ot‘First Listed Defendant
`(IN US. PLAINTIFF CASES ONLY)
`IN LAND CONDEMNATJON CASES, USE THE LOCATION OF THE
`LAND INVOLVED.
`
`NOTE:
`
`Attorney’s (Firm Name. Address, and Toto hone blumber)
`Chridcdanchelima, Esq., Sanchelima 8.
`ssociates, PA.
`235 S.W. Le Jeune Rd., Miami, Florida 33134. Telephone:
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`(305) 447-1617
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`Attorneys (If Known)
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`IL BASIS OF JURISDICTION (Place an “X" in One Box Only)
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`in i U.S. Cioverrtment
`Plaintiff
`
`B1 3 Federal Question
`(US. Government Not 21 Party)
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`I". CYFIZENSHIP OF PRINCE PAL PARTIES(P|ace an “X“ in One Box for Plaintiff
`[For Diversity Cases Only)
`and One Box for Defendant)
`PTF
`PTF
`DEF
`D 1
`E]
`D 4
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`Citizen of This State
`
`DEF
`Cl
`
`l
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`Incorporated or Principal Place
`of Business In This State
`
`It
`
`Cl 2 U.S. Government
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`Cl 4 Diversity
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`Citizen of Another State
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`CF 2
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`D 2
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`Incorporated and Principal Place
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`Cl
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`5
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`D°f°“““”'
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`{Indicate Citizenship of Parties in Item ill)
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`Citizen or Subject of a
`Forein Conn -
`
`El 3
`
`I3
`
`3
`
`"f B“5i“°5‘ [“ ’°‘“°“‘°’ 5”“
`Foreign Nation
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`D 6
`
`El
`
`El
`
`5
`
`ti
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`
`
`OTHER srarures
`FORFEITIIREIPELNALTY
`BANKRUPTCY
`400 State Reapportionment
`El 610 Agrieialrure
`Cl 422 Appeal 28 USC 158
`
`410 Antitrust
`CI 620 Other Food & Drug
`Cl 423 Withdrawal
`430 Bartlts and Banking
`28 USC 157
`Cl 625 Drug Related Seizure
`
`
`450 Commerce
`ofProperty 2| USC 381
`450 Deportation
`El 630 Liquor Laws
`
`470 Racketeer Influenced and
`Cl 640 RR. & Truck
`0 320 Copyrights
`Corrupt Organizations
`Cl 830 Patent
`D 650 Airline Regs.
`
`480 Consumer Credit
`E 540 Trademark
`[3 660 Occupational
`
`490 Cableisat TV
`Safetyll-Iealth
`
`810 Selective Service
`El 690 Other
`CI BSD Securitiesfcominodiilcsl
`CI 710 Fair Labor Standards
`Cl 861 I-IIA (13953)
`Exchange
`Act
`D 862 Black Lung (923)
`CI 875 Customer Challenge
`Cl 7'20 Labor/Mgmt. Relations
`El 863 DIWCIDIWW (405(g))
`12 USC 3410
`D 7'30 Laborl’Mgmt.Rcpcrting
`CI 864 SSID Title XVI
`El 890 Other Statutory Actions
`& Disclosure Act
`D 865 RSI 405())
`U 891 Agricultural Acts
`FEDERAL TAX SUITS
`Cl
`592 Economic Stabilization Act
`C] 7'40 Railway Labor Act
`893 Environmental Matters
`El 870 Taxes (U.S. Plaintiff
`[:1 790 Other Labor Litigation
`Cl
`or Defendant)
`Ci 791 Einpl. Ret. Inc.
`894 Energy Allocation Act
`El
`Security Act
`III 8'7! IRS—Third Party
`Cl 895 Freedom of Inl'ot-matiun
`26 USC 7609
`Act
`D 90UAppea.l of Fee Determination
`Under Equal Access
`to Justice
`El 950 Constitutionality of
`State Statutes
`
`
`
`
`
`
`
`
`“
`’
`‘
`
`Cl
`
`Cl
`
`Cl
`
`PERSONAL INJURY
`362 Personal Injury -
`Med. Malpractice
`365 Personal Injury -
`Product Liability
`368 Asbestos Personal
`Injury Product
`Liability
`PERSONAL PROPERTY
`[I
`370 Other Fraud
`Cl 37' Tmtll in Lcndins
`Cl 380 Other Personal
`Property Damage
`Cl 385 Property Damage
`Product Liability
`
`CI
`
`PERSONAL INJURY
`310 Airplane
`Cl
`U 315 Airplane Product
`Liability
`320 Assault, Libel &
`Slander
`330 Federal Employers‘
`Liability
`34 0 Marine
`345 Marine Product
`Liability
`D 350 Motor Vehicle
`Cl
`355 Motor Vehicle
`Product Liability
`360 Other Personal
`In"
`
`[3
`I3
`
`IV. NATURE OF SUIT
`CONTRACT
`El 110 Insurance
`CI 120 Marine
`U I30 Miller Act
`Cl 140 Negotiable Instrument
`D 150 Recovery of Overpayment Cl
`8: Enforcement ofludgmcnt
`5 I51 Medicare Act
`CT 152 Recovery ofDefaulted
`Student Loans
`[ExcI. Veterans)
`U l53 R¢CDVcrY 0F0V9I1>=13'm€nt
`of Veterazfs Benefits
`Cl 160 Stockholders‘ Suits
`:1 190 Other Contract
`1'! 195 Contract Product Liability CI
`CI 196 Franchise
`REAL PROPERTY
`Cl 210 Land Condemnation
`[3 220 Foreclosure
`Cl 230 Rent Lease & Eljecnncnt
`Cl 240 Torts to Laiirl
`I] 245 Tort Product Liability
`Cl 290 All Other Real Property
`
`
`
`I3 44] Voting
`
`D 442 Employment
`U 443 Housing}
`Accommodations
`D 444 Welfare
`D 445 Amer. w/Disabilities —
`Employment
`Cl 446 Amer. wfbisabilities -
`Other
`Cl 440 Other Civil Rights
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`PRISONER PETITIONS
`Cl
`510 Motions to Vacate
`Sentence
`Habeas Corpus:
`Cl 530 General
`CI
`535 Death Penalty
`Cl 462 Naturalization Application
`II
`540 Mandamus 8:. Other
`Cl 463 I-Iabcas Corpus -
`Cl
`550 Civil Rights
`555 Prison Condition
`Alien Detainee
`III 465 Other Immigration
`
`Actions
`
`
`
`lj 7
`
`Aliclfeap-0 District
`‘rL,'l‘agi°St::t'::
`Judg em
`
`
`
`d fi_
`F
`{Place an “X” in One Box Only)
`5 ;‘1:?§e$'3?smc?m lj 6 lVI_u_ltid_istrict
`D 4 Reinstatcd or Cl
`El 2 Removed from
`El 3 Rernanded from
`
`5 ecif.
`Litigation
`Reopened
`State Court
`Appellate Court
`Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
`Lanham Act Title 15 USC Sections 1114 and 1125 El
`Brief description ofcausc:
`Federal mark infrin ement common law mark infrin ernent common law unfair com etition un'ust enrichment
`CI CHECK IF THIS IS A CLASS ACTION
`DEMAND S
`CHECK YES one if demanded in complaint:
`UNDER F-R.C_P- 23
`JURY DEMAND:
`in Yes
`if] No
`
`V.
`8] Original
`Proceeding
`
`
`
`
`VI. CAUSE OF ACTION
`
`
`
`VII. REQUESTED IN
`COMPLAINT:
`
`viii. RELATED CASE(S)
`‘
`_
`IF ANY
`ls” ‘"“‘"“°"°“”’
`JUDGE
`DOCKET NUMBER
`
`DATE
`SIGNATURE OF ATTORNEY OF RECORD
`
`01/14/2016
`/Chris Sanchelimal
`
`FOR OFFICE USE ONLY
`
`RECEIPT #
`
`AMOUNT
`
`APPLYING IFP
`
`JUDGE
`
`MAG. JUDGE
`
`

`
`I544Rcm5g3(§§t3mts)16—cv—2D18J.—XXXX Document 1-1 Entered on FLSD Docket 01/14/2016 Page 2 of 2
`
`INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
`
`Authority For Civil Cover Sheet
`
`The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service ofpleading or other papers as required
`by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use
`ofthe Clerk ofCourt for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint
`filed. The attorney filing a case should complete the form as follows:
`
`(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only
`I.
`the full name or standard abbreviations. Ifthe plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving
`both name and title.
`
`(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name ofthe County where the first listed plaintiff resides at the time
`of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases,
`the county of residence of the “defendant” is the location of the tract of land involved.)
`
`((2) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, rioting
`in this section “(see attachment)”.
`
`Jurisdiction. The basis ofjurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X” in one
`II.
`of the boxes. If there is more than one basis ofjurisdiction, precedence is given in the order shown below.
`
`United States plaintiff. (1) Jurisdiction based on 28 U.S.C. l345 and 1348. Suits by agencies and officers of the United States are included here.
`
`United States defendant.
`
`(2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.
`
`(3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the
`Federal question.
`Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box
`1 or 2 should be marked.
`
`Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, Where parties are citizens of different states. When Box 4 is checked, the citizenship of the
`different parties must be checked.
`(See Section III below; federal question actions take precedence over diversity cases.)
`
`Residence (citizenship) of Principal Parties. This section ofthe JS 44 is to be completed if diversity ofcitizenship was indicated above. Mark this section
`IH.
`for each principal party.
`
`Nature of Suit. Place an “X” in the appropriate box. Ifthe nature ofsuit cannot be determined, be sure the cause of action, in Section VI below, is sufficient
`IV.
`to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select
`the most definitive.
`
`V.
`
`Origin. Place an “X" in one of the seven boxes.
`
`Original Proceedings.
`
`(1) Cases which originate in the United States district courts.
`
`Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition
`for removal is granted, check this box.
`
`Remanded from Appellate Court.
`
`(3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.
`
`Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
`
`Transferred from Another District.
`litigation transfers.
`
`(5) For cases transferred under Title 28 U.S.C. Section l404(a). Do not use this for within district transfers or multidistrict
`
`Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box
`is checked, do not check (5) above.
`
`Appeal to District Judge from Magistrate Judgment.
`
`(7) Check this box for an appeal from a magistrate judge’s decision.
`
`Cause ofAction. Report the civil statute directly related to the cause of action and give a brief description ofthe cause. Do not cite jurisdictional statutes
`VI.
`unless diversity.
`Example:
`U._S. Civil S_tat].1te: 47 USC 553
`_
`_
`Brief Description: Unauthorized reception of cable service
`
`VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P.
`
`Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction,
`
`Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
`
`VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any, If there are related pending cases, insert the docket numbers
`and the corresponding judge names for such cases.
`
`Date and Attorney Signature. Date and sign the civil cover sheet.
`
`

`
`Case 1:16-cv—20181—XXXX Document 1-2 Entered on FLSD Docket 0111412016 Page 1 of 2
`
`A0 440 (Rev. 06.’l2) Summons in a Civil Action
`
`
`UNITED STATES DISTRICT COURT
`for the
`
`Southern District of Florida
`
`Civil Action No.
`
`3 )
`
`)
`)
`3
`
`) ) ) )
`
`)
`
`NATURA NEW YORK LLC
`
`fl
`
`PIafmz_'ff(s)
`v.
`
`IMPORTACEONES DEFALLA, LLC
`
`Defiana'ant(s)
`
`SUMMONS IN A CIVIL ACTION
`
`TO: (Defendant's name andaddressj
`
`IMPORTACKDNES DEFALLA, LLC
`3370 NE ‘IQOTH STREET
`# T10
`MIAMI, FL 33180
`
`A lawsuit has been filed against you.
`
`Within 21 days after service of this summons on you (not counting the day you received it) A or 60 days if you
`are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
`P. 12 (a)(2) or (3) —— you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
`the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’ s attorney,
`whose name and address are:
`Sanchelima & Associates, P.A.
`235 SW Le Jeune Rd
`Miami, FL 33134
`
`If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
`You also must file your answer or motion with the court.
`
`Date:
`
`CLERK OF COURT
`
`Signature of Clerk or Deputy Clerk
`
`

`
`Case 1:16-cv-20181—XXXX Document _1—2 Entered on FLSD Docket O1/14l2016 Page 2 of 2
`
`A0 440 (Rev. 06.’l2) Summons in a Civil Action (Page 2)
`
`Civil Action No.
`
`(This section should not befiled with the court unless required by Fed. R. Civ. P. 4 (1))
`
`PROOF OF SERVICE
`
`This summons for (name ofindividual and title, Ifany)
`
`was received by me on (date)
`
`El
`
`I personally served the summons on the individual at (place)
`
`on (date)
`
`; or
`
`D I left the summons at the individual’s residence or usual place of abode with (name)
`
`on (dale)
`
`_
`
`1
`
`, a person of suitable age and discretion who resides there,
`, and mailed a copy to the individual’s last known address; or
`
`III I served the summons on (name ofmdividuay
`designated by law to accept service of process on behalf of (mm; oforganizarion)
`on (date)
`
`D I returned the summons unexecuted because
`
`U Other (.s'pec.ffj;).'
`
`; or
`
`, who is
`
`; or
`
`My fees are $
`
`for travel and $
`
`for services, for a total of EB
`
`o_og
`
`I declare under penalty of perj ury that this information is true.
`
`Date :
`
`Server is signature
`
`Printed name arid title
`
`Server is address
`
`Additional information regarding attempted service, etc:
`
`

`
`Case 1:16—c\/—20181-XXXX Document 1—.3 Entered on FLSD Docket 01/14/2016 Page 1 of 4
`
`Exhibit "1"
`
`

`
`Case 1:16-cv-2'0181—XXXX Document 1-3 Entered on FLSD Docket O1/1412016 Page 2 of 4
`
`Int. CL: 3
`
`Prior U.S. (.15.: 1, 4, 6, 50, 51 and 52
`‘
`_
`Umted States Patent and Trademark Office
`
`Reg. No. 3,590,347
`Registered I\‘l:1r. 17. 2.909
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`D‘ Nature New York
`
`Tm; MARK cows}:-3T5 0|: s'r,.1m)ARD CHAR.
`NATURA NEW YORK LLC (FLORIDA LIMITED
`ACT!-IRS WITHOUT CLAIM To ANY PARTICULAR
`LIABILITY COMPANY:
`FONT. STYLE. SIZE. OR COLOR.
`7-77 NW 72 AVE fig 3151
`NO CLAIM IS MADE TO THE EXCLUSIVE
`MIAMI‘ “-3313”
`RIGHT TO use "New YORK". APART FROM THE
`FOR: cosmrncs AND MAKE-UP; cosmsnc MARK AS SHOWN.
`CREAMIS FOR SKIN CARE. IN CLASS 3 (U.S. CLS. 1,
`-I. 6. 50. 51 AND 52].
`SEE, NO. 77473.53’. FILED 5-13-2003.
`
`FIRST U55 5_]3_2Dgg; [N (_'Q}'[},IERCE 5_]3_:I_DQg’
`
`SAHHA B-1.-KKHDODJVI. EXAIVIINING ATTORNEY
`
`P000001
`
`

`
`Case 1:16—cv—20181—XXXX Document _1-3 Entered on FLSD Docket 01/14/2016 Page 3 of 4
`
`Detail by Entity Name
`
`§;‘29,l14 11:12 PM
`
`FLORIDA DEPARTMENT or STATE
`Dll"ISl0;\‘ or Coaporm-'r1o:\‘s
`
`Detail by Entity Name
`
`Tr
`
`m rk
`
`NATURA NEW YORK
`
`Filing lnfgrmgtion
`Document Number
`Date Filed
`
`Expiration Date
`First Used in Florida
`
`First Used Anywhere
`Status
`
`T06000001014
`08l10/2006
`
`08/10/2016
`0110112005
`
`01/01/2005
`ACTIVE
`
`Mark Used In Connection with
`COSMETICS. FACIAL 8. MAKE-UP PRODUCTS
`Disclaimer For
`"NEW YORK"
`wners
`
`Name & Address
`
`NATURA NEW YORK LLC, A FLA. LLC
`2451 BRICKEL1. AVENUE, 2H
`MIAMI, FL 33129
`
`Tygglclasg
`TM-00030000 00000000000 00000000000 00000000000
`00000000000 00000000000 00000000000 00000000000
`00000000000 00000000000 00000000000 00000000000
`00000000000 00000000000 00000000000 00000000000
`00000000000 00000000000 00000000000 00000000000
`
`Cross
`
`f r :1
`
`No Cross Reference
`
`Docgment Images
`
`htxp‘,1/search.suribl2.urgIInquIry]Corpwallonsearzh.t‘SearchResul1De1a. .O14—a3{76e4a-2f9f-4eh9-939b-6Dfaal:84a5b7,fnatura%2Dnew9620ynri-L,'Page1
`
`Page] nfl
`
`P000002
`
`

`
`Case 1:16—cv-20181-XXXX Document 1-3 Entered on FLSD Docket 01/14/2016 Page 4 of 4
`
`“ UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`Commissioner for Trademark