Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA706584
`ESTTA Tracking number:
`11/04/2015
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92062429
`Defendant
`Avintiv Specialty Materials Inc.
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`AVINTIV SPECIALTY MATERIALS INC
`9335 HARRIS CORNERS PKWY, STE 300
`CHARLOTTE, NC 28269
`UNITED STATES
`Motion to Suspend for Civil Action
`Sarah C. Hsia
`sarah@sneedlegal.com, jsneed@sneedlegal.com, nhayes@sneedlegal.com
`/sch/
`11/04/2015
`2015-11-04 92062429 PGI Motion to Suspend Proceedings.pdf(85407 bytes )
`Exhibit A - Complaint.pdf(3617079 bytes )
`Exhibit B Answer and Counterclaims.pdf(42699 bytes )
`Exhibit C Answer to Counterclaims.pdf(1637538 bytes )
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`Proceeding
`Party
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`Correspondence
`Address
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`Filer's Name
`Filer's e-mail
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`In Re Registration No. 1,256,427
`Mark: Design only
`Issued: November 1, 1983
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`3M Company,
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`Petitioner,
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`AVINTIV Specialty Materials Inc.,
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`Respondent.
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`Cancellation No. 92062429
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`MOTION TO SUSPEND
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`Respondent AVINTIV Specialty Materials Inc. (“Respondent”) respectfully
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`moves for a suspension of the captioned cancellation proceedings pending the outcome of
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`the first-filed U.S. District Court Case No. 3:15-cv-00212-FDW-DSC.
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`On May 8, 2015, long prior to instigation of this Cancellation on October 9, 2015,
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`Respondent filed a Civil Action in the United States District Court for the Western
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`District of North Carolina involving claims of trademark infringement and unfair
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`competition concerning Respondent’s U.S. Trademark Registration No. 1,256,427 (the
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`“Cross Hatch Design” or “’427 Registration”) against Petitioner and Target Corporation
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`(the “WDNC Action”). Petitioner has asserted Counterclaims in the WDNC Action
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`against Respondent for cancellation of the ‘427 Registration on the grounds of
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`genericness and abandonment. The WDNC Action involves identical parties and
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`common issues and thus has direct bearing on the instant cancellation proceeding.
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`Respondent thus submits that it is in the interest of judicial efficiency and economy to
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`suspend this cancellation proceeding in favor of resolution of the first-filed WDNC
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`Action. See 37 CFR § 2.117; TMBP § 510.02 (“Whenever it comes to the attention of
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`the Board that a party or parties to a case pending before it are involved in a civil action
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`which may have bearing on the Board case, proceedings before the Board may be
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`suspended until final termination of the civil action”).
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`In support of this motion, Respondent has attached the operative pleadings filed in
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`the WDNC Action as Exhibits A-C hereto.
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`WHEREFORE, Respondent, AVINTIV Specialty Materials Inc. respectfully
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`requests that this proceeding be suspended pending the outcome of U.S. District Court
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`Case No. 3:15-cv-00212-FDW-DSC.
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`CERTIFICATION OF COMPLIANCE WITH 37 C.F.R. § 2.120(e)
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`The undersigned counsel for Respondent HEREBY CERTIFIES that Respondent
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`has made a good faith effort to resolve the issues presented in this motion, including
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`email correspondence with opposing counsel. Opposing counsel indicated by reply email
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`on November 3, 2015 that they would not consent to a motion to suspend, but would not
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`file any opposition to the motion.
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`Dated: November 4, 2015
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`Respectfully Submitted,
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`/s/ Sarah Hsia
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`Sarah C. Hsia
`Jason M. Sneed
`Neal Hayes
`SNEED PLLC
`610 Jetton St., Suite 120-107
`Davidson, North Carolina 28036
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`Tel: 704-779-3611
`sarah@sneedlegal.com
`JSneed@SneedLegal.com
`nhayes@sneedlegal.com
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`Attorneys for Respondent
`AVINTIV Specialty Materials Inc.
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`Certificate of Service
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`Pursuant to C.R.F. §2.111, I hereby certify that a true and correct copy of the
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`foregoing Motion to Suspend was served on Petitioner by placing a copy in U.S. Mail,
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`postage prepaid, this 4th day of November, 2015, and addressed to the following:
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`William G. Barber
`Pirkey Barber PLLC
`600 Congress Avenue, Suite 2120
`Austin, TX 78701
`Attorneys for Petitioner
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`/s/ Neal Hayes
`______________________________
`An Attorney for Respondent
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF NORTH CAROLINA
`CHARLOTTE DIVISION
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`Civil Action No. 3:15-cv-212
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`POLYMER GROUP, INC., and
`PGI POLYMER, INC.,
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`Plaintiffs,
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`v.
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`3M COMPANY and
`TARGET CORPORATION,
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`Defendants.
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`COMPLAINT
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`Plaintiffs Polymer Group, Inc. (“Polymer Group”), and PGI Polymer, Inc. (“PGI
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`Polymer”), for their Complaint against Defendants 3M Company (“3M”) and Target Corporation
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`(“Target”), pursuant to Rules 7 and 8, Federal Rules of Civil Procedure, allege as follows:
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`Nature of the Action
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`1.
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`This Complaint is an action for trademark infringement and unfair competition
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`under the Lanham Act, 15 U.S.C. §§ 1114 and 1125, for violation of the North Carolina Unfair
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`& Deceptive Trade Practices Act, N.C.G.S. § 75-1.1, and for unfair competition and trademark
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`infringement under applicable state law.
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`Parties
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`2.
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`Plaintiff Polymer Group is a Delaware corporation with a principal place of
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`business at 9335 Harris Corners Parkway, Suite 300, Charlotte, NC 28269-3818.
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`3.
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`Plaintiff PGI Polymer is a Delaware corporation with a principal place of business
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`at 9335 Harris Corners Parkway, Suite 300, Charlotte, NC 28269-3818.
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`4.
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`Plaintiff PGI is a wholly owned subsidiary of Plaintiff Polymer Group.
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`Case 3:15-cv-00212-FDW-DSC Document 1 Filed 05/08/15 Page 1 of 11
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`5.
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`Upon information and belief, Defendant 3M is a Delaware corporation with a
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`principal place of business at 3M Center, St. Paul, MN 55144-1000. 3M may be served through
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`its registered agent, The Corporation Trust Company, Corporation Trust Center, 1209 Orange
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`St., Wilmington, DE 19801.
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`6.
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`Upon information and belief, Defendant Target is a Minnesota corporation with a
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`principal place of business at 1000 Nicollet Mall, Minneapolis, MN 55403. Target may be served
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`at the same address, 1000 Nicollet Mall, Minneapolis, MN 55403.
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`Jurisdiction and Venue
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`7.
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`This Court has subject matter jurisdiction over this action upon the following
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`grounds:
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`a. 28 U.S.C. § 1331, this being a civil action arising under the laws of the United States;
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`b. 28 U.S.C. § 1337(a), this being a civil action arising under an Act of Congress
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`regulating Commerce;
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`c. 28 U.S.C. § 1338(a), this being a civil action arising under the trademark laws of the
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`United States, namely, the Lanham Act, 15 U.S.C. § 1051 et seq.;
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`d. 28 U.S.C. § 1338(b), this being a civil action asserting a claim of unfair competition
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`joined with a substantial and related claim under the trademark laws;
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`e. 28 U.S.C. § 1367(a), this being a civil action including claims that are so related to
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`claims that are within the original jurisdiction of the Court that they form part of the
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`same case or controversy under Article III of the United States Constitution.
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`8.
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`Venue is proper in this Court under the provisions of 28 U.S.C. §§ 1391(a), (b),
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`and (c).
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`Case 3:15-cv-00212-FDW-DSC Document 1 Filed 05/08/15 Page 2 of 11
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`Background Facts Regarding Plaintiffs’ Registered Marks
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`9.
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`Since at least as early as March 1942 or prior to the earliest of the use of any
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`“wavy lines” or “cross-hatch” design for non-woven fabrics by either of the Defendants,
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`Plaintiffs and their predecessors-in-interest have used continuously in commerce in this country
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`trademarks for non-woven fabrics, including: (a) a mark consisting of a design made up of wavy
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`lines continuously extending across the entire surface of the goods, the lines being of a color
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`which is readily discernible against the background upon which the trademark appears
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`(hereinafter, the “Wavy Lines Mark”) and (b) a mark consisting of a design made up of colored
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`parallel dashes arranged in parallel rows extending across the entire surface of the goods, the
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`dashes in the adjacent rows being at an angle to each other so as to resemble a cross-hatch or
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`herringbone configuration, the dashes being of a color which is readily discernible against the
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`background on which they appear (hereinafter, the “Cross-Hatch Mark.”)
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`10.
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`In order to strengthen the Wavy Lines Mark and the Cross-Hatch Mark, Plaintiffs,
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`through their predecessor-in-interest Johnson & Johnson, applied to register with the U.S. Patent
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`and Trademark Office (the “PTO”) the Wavy Lines Mark on June 21, 1972 and the Cross-Hatch
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`Mark on November 1, 1983. The PTO approved the applications and granted to Johnson &
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`Johnson U.S. Reg. No. 1,175,550 for the Wavy Lines Mark on October 27, 1981 (hereinafter,
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`“the ’427 Registration”) and U.S. Reg. No. 1,256,427 for the Cross-Hatch Mark on November 1,
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`1983 (hereinafter, “the ’550 Registration”), which registrations ultimately were assigned to
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`Plaintiffs. Attached at Exhibit D hereto are true and correct copies of the certificates for the ’427
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`and ’550 Registrations, available at the PTO website.
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`11.
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`The Wavy Lines Mark, Cross-Hatch Mark, and the accompanying federal
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`trademark registrations are referred to herein as the “Registered Marks.”
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`12.
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`The Registered Marks are live, subsisting, unrevoked, uncanceled, and
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`incontestable, having been registered and used continuously for more than five years, and
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`constitute conclusive evidence that the marks are registered and valid, and thus entitled to
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`protection, that Plaintiffs own the marks, and that Plaintiffs have the exclusive right to use the
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`marks in commerce. Attached at Exhibit E hereto are true and correct copies of the PTO’s
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`acceptance of the Combined Declarations of Use and Incontestability under Sections 8 & 15 for
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`the ’427 and ’550 Registrations, available at the PTO website.
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`13.
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`The designs in their entirety are the essential feature of the Registered Marks, no
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`particular color or combination of colors being significant in connection with non-woven fabrics.
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`14.
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`Specimens of goods bearing the Registered Marks are depicted below:
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`Wavy Lines Mark
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`Cross-Hatch Mark
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`15.
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`Plaintiffs have used the Registered Marks for over seventy years on non-woven
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`fabrics, including reusable wipes, and have invested millions of dollars in creating, maintaining,
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`and promoting the goodwill associated with the Registered Marks. Plaintiffs market and
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`advertise their non-woven fabrics bearing the Registered Marks through a variety of channels
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`Case 3:15-cv-00212-FDW-DSC Document 1 Filed 05/08/15 Page 4 of 11
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`and means, including direct sales, by regularly exhibiting and offering for sale goods at trade
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`shows attended by members of the textiles industry, such as the National Restaurant Association
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`Trade Show, and through catalogs, brochures, and the Internet.
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`16.
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`The Registered Marks are favorably recognized and relied upon, such as within
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`the restaurant industry and among the consumer public, as indicating high-quality non-woven
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`fabrics. As a result of Plaintiffs’ extensive use, advertising, and promotion of the Registered
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`Marks, the Registered Marks have attained for Plaintiffs substantial goodwill among the
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`purchasing public.
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`17.
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`Plaintiffs and their related companies sell approximately $10 million per year of
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`non-woven fabrics bearing the Registered Marks.
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`18.
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`Through their related company, Chicopee, Inc. (“Chicopee”), Plaintiffs sell non-
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`woven fabrics bearing the Registered Marks in a variety of colors, including green-on-white,
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`blue-on-white, red-on-white, and yellow-on-white, for sale to commercial customers. Chicopee
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`sells goods bearing the Wavy Lines Mark in product packaging bearing the Chix® trademark.
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`Attached at Exhibit A hereto are depictions of Plaintiffs’ products bearing the Registered Marks.
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`19.
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`Through Chicopee, Plaintiffs also sell non-woven fabrics bearing the Wavy Lines
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`Mark in particular shades of blue, for sale to retail customers. Chicopee sells those goods in
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`product packaging bearing the MIRACLOTH trademark. Attached at Exhibit B hereto is a
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`depiction of MIRACLOTH products bearing the Wavy Lines Mark.
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`20.
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`Plaintiffs also regularly sell large quantities of non-woven fabrics bearing the
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`Wavy Lines Mark to third parties who package, distribute, and sell the goods in conjunction with
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`other marks. Plaintiffs have earned significant revenue from this practice.
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`Case 3:15-cv-00212-FDW-DSC Document 1 Filed 05/08/15 Page 5 of 11
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`21.
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`For example, Plaintiffs sell non-woven fabrics bearing the Wavy Lines Mark in
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`particular shades of blue to their customer and authorized user, The Clorox Company. Clorox
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`sells those goods in product packaging bearing the Handi Wipes® trademark. Attached at
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`Exhibit C hereto are depictions of Handi Wipes® products bearing the Wavy Lines Mark.
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`Unlawful Acts of the Defendants
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`22.
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`By virtue of Plaintiffs’ extensive use and federal registration of the Registered
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`Marks, the Defendants are and have been on constructive notice, if not actual notice, of
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`Plaintiffs’ rights in the Registered Marks since before Defendants’ adoption and use of infringing
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`“wavy lines” and “cross-hatch” designs for non-woven fabrics.
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`23.
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`Defendants have been using reproductions, counterfeits, copies and colorable
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`imitations of Plaintiffs’ Registered Marks in North Carolina and elsewhere in this country, in
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`connection with the advertising, marketing, offering for sale, sale, and distribution of non-woven
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`fabrics—one bearing a “wavy lines” design and one bearing a “cross-hatch” design—and sold
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`under the SCOTCH-BRITE® brand, as depicted below (hereinafter, the “Infringing Goods”):
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`“Wavy Lines” Design
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`“Cross-Hatch” Design
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`Case 3:15-cv-00212-FDW-DSC Document 1 Filed 05/08/15 Page 6 of 11
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`24.
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`Attached at Exhibit F hereto is a true and correct copy of web pages at the
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`<WWW.SCOTCH-BRITE.COM> domain depicting the Infringing Goods with a “Where to
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`Buy” link directing consumers to various retailers offering the Infringing Goods for sale.
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`25.
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`Attached at Exhibit G hereto is a true and correct copy of a web page at the
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`<WWW.TARGET.COM> domain depicting the Infringing Goods available for both online order
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`and in-store pickup.
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`26.
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`On information and belief, Defendant Target has purchased from Defendant 3M
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`the Infringing Goods for resale and has resold such goods to consumers.
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`27.
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`Defendants’ “wavy lines” and “cross-hatch” designs used on the Infringing Goods
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`are spurious marks that are identical with, or substantially indistinguishable from the Registered
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`Marks and are done in a manner which is likely to cause confusion, to cause mistake and to
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`deceive consumers and potential consumers and with the intent to infringe Plaintiffs’ rights.
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`28.
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`Based on a comparison of the specimens bearing the Registered Marks as set forth
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`in paragraph 14 and Defendants’ Infringing Goods as set forth in paragraph 23, the identical
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`nature, or overwhelming similarity, of the goods shows that Defendants have produced
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`counterfeit goods in an apparent attempt to capitalize upon the popularity of, and demand for,
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`non-woven fabrics bearing the Registered Marks.
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`29.
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`Defendants use their “wavy lines” and “cross-hatch” designs on the Infringing
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`Goods without license, consent, authorization, or permission from Plaintiffs.
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`30.
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`On information and belief, the significant majority of Defendants’ clientele is
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`comprised of retailers and retail consumers. The Registered Marks also are targeted
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`predominantly to retailers, and ultimately to end-user consumers, such that the Defendants’ use
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`in that market channel enhances, rather than detracts, from the likelihood of confusion.
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`31.
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`By marketing, advertising, offering for sale, selling, and distributing the
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`Infringing Goods, Defendants intentionally have violated Plaintiffs’ rights in and to the
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`Registered Marks, and with the knowledge and intention that the use in commerce would cause,
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`and is causing, confusion, mistake, and deception among consumers and potential consumers.
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`32.
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`Defendants also, in connection with the marketing, advertising, offering for sale,
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`sale, and distribution of the Infringing Goods, have caused, are causing, and are likely to cause
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`confusion and mistake, and have deceived, and are likely to deceive, as to the affiliation,
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`connection, and association of the Defendants with Plaintiffs, and as to the origin, sponsorship,
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`and approval of the Defendants’ goods.
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`Count I:
`Infringement of Registered Marks, 15 U.S.C. § 1114
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`33.
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`Plaintiffs incorporate by reference paragraphs 1–32 above as if fully set forth
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`herein.
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`34.
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`The acts of the Defendants complained of herein constitute trademark
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`infringement of marks registered under the Lanham Act, 15 U.S.C. § 1114.
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`35.
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`Plaintiffs have been damaged by the acts of each of the Defendants complained of
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`herein.
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`herein.
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`Count II:
`Unfair Competition, 15 U.S.C. § 1125(a)(1)(A)
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`36.
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`Plaintiffs incorporate by reference paragraphs 1–32 above as if fully set forth
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`37.
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`The acts of the Defendants complained of herein constitute unfair competition
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`under the Lanham Act, 15 U.S.C. § 1125(a)(1)(A).
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`38.
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`Plaintiffs have been damaged by the acts of each of the Defendants complained of
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`herein.
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`Case 3:15-cv-00212-FDW-DSC Document 1 Filed 05/08/15 Page 8 of 11
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`Count III:
`Unfair & Deceptive Trade Practices, N.C.G.S. § 75-1.1 et seq.
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`39.
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`Plaintiffs incorporate by reference paragraphs 1–32 above as if fully set forth
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`herein.
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`40.
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`The acts of the Defendants complained of herein constitute unfair methods of
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`competition in or affecting commerce, and unfair and deceptive acts or practices in or affecting
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`commerce, which proximately have caused actual injury to Plaintiffs and their business in this
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`State and elsewhere.
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`41.
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`The acts of the Defendants complained of herein have had the tendency to deceive
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`and mislead consumers and created a likelihood of deception with respect to the Defendants’
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`non-woven fabrics bearing a “wavy lines” design and a “cross-hatch” design, and they were
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`performed willfully, wantonly, with the intent to harm Plaintiffs and their rights in the Registered
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`Marks, and with the intent to compete unfairly with Plaintiffs.
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`42.
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`Plaintiffs have been damaged by the acts of each of the Defendants complained of
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`herein.
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`herein.
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`Count IV:
`Common Law Unfair Competition and Trademark Infringement
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`43.
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`Plaintiffs incorporate by reference paragraphs 1–32 above as if fully set forth
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`44.
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`The acts of the Defendants complained of herein constitute unfair competition and
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`trademark infringement of marks entitled to protection under common law.
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`45.
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`Plaintiffs have been damaged by the acts of each of the Defendants complained of
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`herein.
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`Prayer for Relief
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`WHEREFORE, Plaintiffs request that the Court:
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`(a)
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`Preliminarily and permanently enjoin the Defendants from infringing,
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`contributing to the infringement by others, or inducing infringement of Plaintiffs’ Registered
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`Marks and from making any continued use of a “wavy lines” design or a “cross-hatch” design on
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`or in conjunction with the sale of non-woven fabrics;
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`(b)
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`Preliminarily and permanently enjoin the Defendants from unfairly competing,
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`contributing to the unfair competition by others, or inducing unfair competition with Plaintiffs;
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`(c)
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`Award Plaintiffs all monetary remedies to which they are entitled under the
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`Lanham Act, the North Carolina Unfair & Deceptive Trade Practices Act, and state law,
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`including, without limitation, any and all profits realized by the Defendants, any and all profits
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`realized by any party with regard to whom the Defendants have contributed to or induced
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`infringement or unfair competition, any damages sustained by Plaintiffs, statutory damages to be
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`elected by Plaintiffs, treble, enhanced and punitive damages available under North Carolina and
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`federal law, and Plaintiffs’ costs and attorney’s fees, pursuant to 15 U.S.C. § 1117 and N.C.G.S.
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`75-1.1 et seq.;
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`(d)
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`Order the destruction of Defendants’ non-woven fabrics bearing a “wavy lines”
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`design or a “cross-hatch” design, including the Infringing Goods, and all labels, signs, prints,
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`packages, wrappers, receptacles, and advertisements in the possession of Defendants, and all
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`plates, molds, matrices, and other means of making the same, pursuant to 15 U.S.C. § 1118; and
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`(e)
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`For such other and further relief as the Court deems just and reasonable.
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`Plaintiff demands a jury trial on all issues so triable.
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`Dated: May 8, 2015
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`s/ Jason M. Sneed
`Jason M. Sneed, Esq. (NC Bar No. 29593)
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`SNEED PLLC
`610 Jetton St., Suite 120-107
`Davidson, North Carolina 28036
`Tel.: 704-779-3611
`Email: JSneed@SneedLegal.com
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`Attorney for Plaintiffs
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`JS 44 (Rev. 12/12)
`
` CIVIL COVER SHEET
`The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
`provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
`purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
`
`I. (a) PLAINTIFFS
`POLYMER GROUP, INC. and
`PGI POLYMER, INC.
`
`(b) County of Residence of First Listed Plaintiff
`(EXCEPT IN U.S. PLAINTIFF CASES)
`
`Mecklenburg, NC
`
`(c) Attorneys (Firm Name, Address, and Telephone Number)
`Jason Sneed, SNEED PLLC
`610 Jetton St., Suite 120-107
`Davidson, NC 28036, tel: (844) 763-3347
`
`II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
`
`’ 1 U.S. Government
`Plaintiff
`
`’ 3 Federal Question
`(U.S. Government Not a Party)
`
`DEFENDANTS
`3M COMPANY and
`TARGET CORPORATION
`
`
`NOTE:
`
`County of Residence of First Listed Defendant
`(IN U.S. PLAINTIFF CASES ONLY)
`IN LAND CONDEMNATION CASES, USE THE LOCATION OF
`THE TRACT OF LAND INVOLVED.
`
` Attorneys (If Known)
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
`(For Diversity Cases Only)
` and One Box for Defendant)
` PTF DEF
` PTF
` DEF
`Citizen of This State
`’ 1
`’ 1
`Incorporated or Principal Place
`’ 4
`’ 4
` of Business In This State
`
`’ 2 U.S. Government
`Defendant
`
`’ 4 Diversity
`(Indicate Citizenship of Parties in Item III)
`
`Citizen of Another State
`
`’ 2
`
`’ 2
`
`Incorporated and Principal Place
`of Business In Another State
`
`’ 5
`
`’ 5
`
`Citizen or Subject of a
` Foreign Country
`
`’ 3
`
`’ 3
`
`Foreign Nation
`
`’ 6
`
`’ 6
`
`IV. NATURE OF SUIT (Place an “X” in One Box Only)
`CONTRACT
`TORTS
`’ 110 Insurance
` PERSONAL INJURY
` PERSONAL INJURY
`’ 120 Marine
`’ 310 Airplane
`’ 365 Personal Injury -
`’ 130 Miller Act
`’ 315 Airplane Product
` Product Liability
`’ 140 Negotiable Instrument
` Liability
`’ 367 Health Care/
`’ 150 Recovery of Overpayment ’ 320 Assault, Libel &
` Pharmaceutical
` & Enforcement of Judgment
` Slander
` Personal Injury
`’ 151 Medicare Act
`’ 330 Federal Employers’
` Product Liability
`’ 152 Recovery of Defaulted
` Liability
`’ 368 Asbestos Personal
` Student Loans
`’ 340 Marine
` Injury Product
` (Excludes Veterans)
`’ 345 Marine Product
` Liability
`LABOR
`’ 153 Recovery of Overpayment
` Liability
` PERSONAL PROPERTY ’ 710 Fair Labor Standards
` of Veteran’s Benefits
`’ 350 Motor Vehicle
`’ 370 Other Fraud
` Act
`’ 160 Stockholders’ Suits
`’ 355 Motor Vehicle
`’ 371 Truth in Lending
`’ 720 Labor/Management
`’ 190 Other Contract
` Product Liability
`’ 380 Other Personal
` Relations
`’ 195 Contract Product Liability ’ 360 Other Personal
` Property Damage
`’ 740 Railway Labor Act
`’ 196 Franchise
` Injury
`’ 385 Property Damage
`’ 751 Family and Medical
`’ 362 Personal Injury -
` Product Liability
` Leave Act
` Medical Malpractice
`’ 790 Other Labor Litigation
` PRISONER PETITIONS ’ 791 Employee Retirement
` CIVIL RIGHTS
`’ 440 Other Civil Rights
` Income Security Act
`Habeas Corpus:
`’ 441 Voting
`’ 463 Alien Detainee
`’ 442 Employment
`’ 510 Motions to Vacate
`’ 443 Housing/
` Sentence
` Accommodations
`’ 530 General
`’ 445 Amer. w/Disabilities - ’ 535 Death Penalty
` Employment
`Other:
`’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other
` Other
`’ 550 Civil Rights
`’ 555 Prison Condition
`’ 448 Education
`’ 560 Civil Detainee -
` Conditions of
` Confinement
`
`BANKRUPTCY
`FORFEITURE/PENALTY
`’ 422 Appeal 28 USC 158
`’ 625 Drug Related Seizure
` of Property 21 USC 881 ’ 423 Withdrawal
`’ 690 Other
` 28 USC 157
`
`OTHER STATUTES
`’ 375 False Claims Act
`’ 400 State Reapportionment
`’ 410 Antitrust
`’ 430 Banks and Banking
`’ 450 Commerce
`’ 460 Deportation
`’ 470 Racketeer Influenced and
` Corrupt Organizations
`’ 480 Consumer Credit
`’ 490 Cable/Sat TV
`’ 850 Securities/Commodities/
` Exchange
`’ 890 Other Statutory Actions
`’ 891 Agricultural Acts
`’ 893 Environmental Matters
`’ 895 Freedom of Information
` Act
`’ 896 Arbitration
`’ 899 Administrative Procedure
` Act/Review or Appeal of
` Agency Decision
`’ 950 Constitutionality of
` State Statutes
`
`PROPERTY RIGHTS
`’ 820 Copyrights
`’ 830 Patent
`’ 840 Trademark
`
`SOCIAL SECURITY
`’ 861 HIA (1395ff)
`’ 862 Black Lung (923)
`’ 863 DIWC/DIWW (405(g))
`’ 864 SSID Title XVI
`’ 865 RSI (405(g))
`
`FEDERAL TAX SUITS
`’ 870 Taxes (U.S. Plaintiff
` or Defendant)
`’ 871 IRS—Third Party
` 26 USC 7609
`
`IMMIGRATION
`’ 462 Naturalization Application
`’ 465 Other Immigration
` Actions
`
` REAL PROPERTY
`’ 210 Land Condemnation
`’ 220 Foreclosure
`’ 230 Rent Lease & Ejectment
`’ 240 Torts to Land
`’ 245 Tort Product Liability
`’ 290 All Other Real Property
`
`V. ORIGIN (Place an “X” in One Box Only)
`’ 1 Original
`’ 2 Removed from
`Proceeding
`State Court
`
`’ 3 Remanded from
`Appellate Court
`
`’ 4 Reinstated or
`Reopened
`
`’ 6 Multidistrict
`Litigation
`
`’ 5 Transferred from
`Another District
`(specify)
`Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
`15 U.S.C. §§ 1051 et seq.
`
`Brief description of cause:
`Trademark infringement and unfair competition under federal and state statutes and common law
`CHECK YES only if demanded in complaint:
`’ CHECK IF THIS IS A CLASS ACTION
`UNDER RULE 23, F.R.Cv.P.
`’ Yes
`’ No
`JURY DEMAND:
`
`VI. CAUSE OF ACTION
`
`VII. REQUESTED IN
` COMPLAINT:
`
`VIII. RELATED CASE(S)
` IF ANY
`
`DATE
`05/08/2015
`
`FOR OFFICE USE ONLY
`
`DEMAND $
`
`(See instructions):
`
`JUDGE
`SIGNATURE OF ATTORNEY OF RECORD
`
`DOCKET NUMBER
`
`RECEIPT #
`
`Case 3:15-cv-00212-FDW-DSC Document 1-1 Filed 05/08/15 Page 1 of 1
`MAG. JUDGE
`JUDGE
`APPLYING IFP
`AMOUNT
`
`

`
`
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF NORTH CAROLINA
`CHARLOTTE DIVISION
`
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`Civil Action No. 3:15-cv-212
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`POLYMER GROUP, INC., and
`PGI POLYMER, INC.,
`
`
`
`Plaintiffs,
`
`
`v.
`
`
`3M COMPANY and
`TARGET CORPORATION,
`
`
`
`Defendants.
`
`
`
`EXHIBIT A TO COMPLAINT
`
`Samples of Plaintiffs’ Chix® brand non-woven fabrics bearing the Wavy Lines Mark.
`
`(green on white)
`
`(pink on white)
`
`(blue on white)
`
`
`
` 1
`Case 3:15-cv-00212-FDW-DSC Document 1-2 Filed 05/08/15 Page 1 of 2
`
`

`
`Samples of Plaintiffs’ non-woven fabrics bearing the Cross-Hatch Mark.
`
`(green on white)
`
` 2
`Case 3:15-cv-00212-FDW-DSC Document 1-2 Filed 05/08/15 Page 2 of 2
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`

`
`
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF NORTH CAROLINA
`CHARLOTTE DIVISION
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
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`)
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`Civil Action No. 3:15-cv-212
`
`
`
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`
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`POLYMER GROUP, INC., and
`PGI POLYMER, INC.,
`
`
`
`Plaintiffs,
`
`
`v.
`
`
`3M COMPANY and
`TARGET CORPORATION,
`
`
`
`Defendants.
`
`
`
`EXHIBIT B TO COMPLAINT
`
`Samples of Plaintiffs’ MIRACLOTH-brand non-woven fabrics bearing the Wavy Lines Mark.
`
`
`
`
`
`
`
` 1
`Case 3:15-cv-00212-FDW-DSC Document 1-3 Filed 05/08/15 Page 1 of 1
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF NORTH CAROLINA
`CHARLOTTE DIVISION
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`Civil Action No. 3:15-cv-212
`
`
`
`
`
`
`
`
`
`POLYMER GROUP, INC., and
`PGI POLYMER, INC.,
`
`
`
`Plaintiffs,
`
`
`v.
`
`
`3M COMPANY and
`TARGET CORPORATION,
`
`
`
`Defendants.
`
`
`
`EXHIBIT C TO COMPLAINT
`
`Samples of Clorox Handi Wipes® Products bearing the Wavy Lines Mark.
`
`
`
`
`
`
`
` 1
`Case 3:15-cv-00212-FDW-DSC Document 1-4 Filed 05/08/15 Page 1 of 1
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`

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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF NORTH CAROLINA
`CHARLOTTE DIVISION
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`Civil Action No. 3:15-cv-212
`
`
`
`
`
`
`
`
`
`POLYMER GROUP, INC., and
`PGI POLYMER, INC.,
`
`
`
`Plaintiffs,
`
`
`v.
`
`
`3M COMPANY and
`TARGET CORPORATION,
`
`
`
`Defendants.
`
`
`
`EXHIBIT D TO COMPLAINT
`
`Certificates of Registration for U.S. Reg. No. 1,175,550 for the Wavy Lines Mark and
`
`
`
`
`
`U.S. Reg. No. 1,256,427 for the Cross-Hatch Mark.
`
` 1
`Case 3:15-cv-00212-FDW-DSC Document 1-5 Filed 05/08/15 Page 1 of 4
`
`

`
`Int. CL: 24
`
`Prior U.S. Cl.: 42
`
`United States Patent and Trademark Office
`
`Reg. No. 1,175,550
`Registered Oct. 27, 1981
`
`TRADEMARK
`
`Principal Register
`
` >
`
`ta
`§
`3.“-51”
`
`Johnson & Johnson (New Jersey corporation)
`501 George St.
`New Brunswick, ‘NJ. 08903
`For: NON-WOVEN TEXTILE FABRICS OF
`COTTON, RAYON AND/OR SYNTHETIC FI-
`BERS OR COMBINATIONS THEREOF SUIT-
`ABLE FOR CONVERSION INTO AND USED
`AS TOWELS, SHEETS, COVERINGS, CLEAN-
`ING AND WASHING CLOTHS, AND GENER-
`ALLY AS A DISPOSABLE ALTERNATE FOR
`WOVEN TEXTILE GOODS,
`in CLASS 24 (U.S.
`Cl. 42).
`First use Mar. 11, 1942;
`1942.
`
`in commerce Mar.
`
`ll,
`
`‘
`Owner of U.S. Reg. No. 628,033.
`No claim is made to the exclusive right to apply
`any colorless material to the goods, regardless of the
`design in which such colorless material is applied.
`The mark consists of a design made up of wavy
`lines continuously extending across the entire surface
`of the goods,
`the lines being of a color which is
`readily discernible
`against
`the background upon
`which the trademark appears. The design in its
`entirety is
`the essential
`feature of the mark, no
`particular color or
`combination of colors being
`significant.
`
`Ser. No. 427,931, filed Jun. 21, l972.
`
`B. DENNISON, Primary Examiner
`
`Case 3:15-cv-00212-FDW-DSC Document 1-5 Filed 05/08/15 Page 2 of 4
`Case 3:l5—cv—OO212—FDW—DSC Document 1-5 Filed 05/08/15 Page 2 of 4
`
`

`
`Int." Cl.: 24
`
`Prior US. Cl.: 42
`_
`~
`United States Patent and Trademark Office
`
`Reg. No. 1,256,427
`Registered Nov. 1, 1933
`
`TRADEMARK
`
`Principal Register
`
`Johnson & Johnson (New Jersey corporation)
`501 George St.
`New Brunswick, NJ. 08903
`
`For: NON-WOVEN TEXTILE FABRICS OF
`COTTON, RAYON AND/OR SYNTHETIC FI-
`BERS OR COMBINATIONS THEREOF SUIT-
`ABLE FOR CONVERSION INTO AND USED
`
`AS TOWELS, SHEETS, COVERINGS, CLEAN-
`ING AND WASHING CLOTHS, AND GENER-
`ALLY AS A DISPOSABLE ALTERNATE FOR
`WOVEN TEXTILE GOODS,
`in CLASS 24 (US.
`C1. 42).
`First use Mar. 11, 1942;
`1942.
`No claim is made to the exclusive right to use to
`
`in commerce Mar. 11,
`
`Case 3:15-cv-00212-FDW-DSC Document 1-5 Filed 05/08/15 Page 3 of 4
`
`

`
`2
`
`1,255,427
`
`apply any colorless material to the goods, regardless
`of the design in which such colorless material
`is
`applied, apart from the mark as shown.
`The mark consists of a design made up of colored
`parallel dashes arranged in parallel rows extending
`across the entire surface of the goods, the dashes in
`the adjacent rows being at an angle to each other so
`as
`to
`resemble
`a
`cross-hatch
`or
`herringbone
`configuration,
`the dashes being of a color which is
`
`readily