Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA Tracking number:
`
`ESTTA906500
`
`06/29/2018
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92068641
`Defendant
`X-Trementerprise
`X-TREMENTERPRISE
`9 RUE DE LA NÃ#GRESSE
`F-64200 BIARRITZ
`FRANCE
`Motion to Suspend for Civil Action
`Shauna L. Norton
`nortons@gtlaw.com, meitzj@gtlaw.com, lvttab@gtlaw.com,
`tratosm@gtlaw.com, neyc@gtlaw.com
`/Shauna L. Norton/
`06/29/2018
`Motion to Suspend Proceeding.pdf(4499652 bytes )
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`Proceeding
`Party
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`Correspondence
`Address
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`Submission
`Filer's Name
`Filer's email
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`Signature
`Date
`Attachments
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`SHENZHEN IMAGINEVISION
`TECHNOLOGY LIMITED, a foreign entity,
`
`OPPOSITION NO. 92068641
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`Petitioner,
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`In re: Reg. Nos.: 5366698 & 5372025
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`v.
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`Marks: Z CAM and Z (plus design)
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`X-TREMENTERPRISE, a foreign corporation,
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`Registrant.
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`REGISTRANT’S MOTION TO SUSPEND PROCEEDING
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`Registrant X-Trementerprise (“Registrant”), by and through its counsel, the law firm of
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`Greenberg Traurig, LLP, hereby files this Motion to Suspend the above-captioned proceeding
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`pursuant to 37 C.F.R. § 2.117(a) and TBMP § 510.02(a) pending the outcome of the federal civil
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`action pending before the United States District Court for the District of Nevada (Case No.: 2:18-
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`cv-00650-JAD-VCF) brought by Registrant against Petitioner Shenzhen ImagineVision
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`Technology Limited (“Petitioner”).
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`In the federal court case, Registrant is asking the court to determine, among other things,
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`that Registrant is the rightful owner of the Z CAM and Z (plus design) trademarks and that
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`Petitioner has infringed Registrant’s rights in the marks. Registrant’s claims have been brought
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`in the federal civil case under the Lanham Act and related state law claims. In response,
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`Petitioner has filed counterclaims asking the court to, among other things, cancel Registrant’s
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`above-referenced trademark registrations. Copies of Registrant’s Complaint, Petitioner’s Answer
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`and Counterclaim, and Registrant’s First Amended Complaint are attached hereto as Exhibit 1.
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`LV 421163296v1
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`Because the issues to be determined by the federal court in the pending civil case have a direct
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`impact on this proceeding, Registrant respectfully requests that the Board enter an order
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`suspending this proceeding until final determination of the civil action.
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`Respectfully submitted on this 29th day of June, 2018.
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`GREENBERG TRAURIG, LLP
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`By: /s/ Shauna L. Norton
`Mark G. Tratos, Esq.
`Shauna L. Norton, Esq.
`3773 Howard Hughes Parkway
`Suite 400 North
`Las Vegas, Nevada 89169
`(702) 792-3773
`Attorneys for Registrant
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`LV 421163296v1
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`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that a true copy of the foregoing REGISTRANT’S
`MOTION TO SUSPEND PROCEEDING is being served by electronic mail on June 29, 2018,
`on the following:
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`HOWARD & HOWARD ATTORNEYS PLLC
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`W. West Allen, Esq.
`Jonathan W. Fountain, Esq.
`3800 Howard Hughes Pkwy., Suite 1000
`Las Vegas, NV 89169
`wallen@howardandhoward.com
`jfountain@howardandhoward.com
`
`Jonathan F. Karmo, Esq.
`450 West Fourth Street
`Royal Oak, MI 48067
`jkarmo@howardandhoward.com
`Counsel for Petitioner
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`/s/ Shauna L. Norton
`An employee of Greenberg Traurig, LLP
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`LV 421163296v1
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`EXHIBIT 1
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`EXHIBIT 1
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`EXHIBIT 1
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`EXHIBIT 1
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`GREENBERGTRAURIGLLP
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`
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`3773HowardHughesParkway.Suite400NonhLasVegas.
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`Nevada89169
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`Telephone:(702)791-3773
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`Facsimile(702)792-9002
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`Case 2:18-cv-00650-JAD-VCF Document 1 Filed 04/11/18 Page 1 of 11
`Case 2:18-cv-00650-JAD-VCF Document 1 Filed 04/11/18 Page 1 of 11
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`\OmflQUI-BMNH
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`NNNNNNNNNHHHHHHHHHb—lQOQGKUIAUJNI—IGVOOOQGNUIADJNHO
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`MARK G. TRATOS, ESQ.
`Nevada Bar NO. 1086
`
`tratosm@gtlaw.com
`DONALD L. PRUNTY, ESQ.
`Nevada Bar No. 8230
`
`pruntyd@gtlaw.com
`SHAUNA L. NORTON, ESQ.
`Nevada Bar No. 11320
`
`nortons@gt1aw.com
`BETHANY L. RABE, ESQ.
`Nevada Bar No. 1 1691
`
`rabeb@gtlaw.com
`GREENBERG TRAURIG, LLP
`3773 Howard Hughes Parkway
`Suite 400 North
`
`LaS Vegas, Nevada 89169
`Telephone: (702) 792-3773
`Facsimile: (702) 792-9002
`Counselfor Plaintiff
`
`
`
`UNITED STATES DISTRICT COURT
`
`DISTRICT OF NEVADA
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`X-TREMENTERPRISE,
`corporation,
`
`a
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`foreign
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`Case No.:
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`Plaintiff,
`
`VERIFIED COMPLAINT
`
`v.
`
`SHENZHEN IMAGINEVISION
`
`-
`:rEEHNOLOGY LIMITED, a forelgn
`1y’
`
`Defendant
`
`(1)
`
`(2)
`
`(3)
`
`(4)
`
`(5)
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`Trademark Infringement under
`15 U.S.C. § 1114
`
`Unfair Competition and False
`Designation of Origin under
`15 U.S.C. § 1125(a)
`
`Common Law Trademark
`Infringement
`
`Deceptive Trade Practices under
`N.R.S. 598.0903, et seq.
`
`Intentional Interference with
`Prospective Economic Advantage
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`
`
`
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`For
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`its complaint against Defendant Shenzhen ImagineViSion Technology Limited
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`(“Defendant”), Plaintiff X-Trementerprise (“Plaintiff”) complains and alleges as follows:
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`/ / /
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`/ / /
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`LV421126275V2
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`Page 1 of 11
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`GREENBERGTRAURIG,LLP
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`
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`3773HowardHughesParkway,Suite400NorthLasVegas,
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`Nevada89169
`
`
`
`
`
`
`
`
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`Telephone(702)792-3773
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`
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`Facsimile:(702)792-9002
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`Case 2:18-cv-00650-JAD-VCF Document 1 Filed 04/11/18 Page 2 of 11
`Case 2:18-cv-00650-JAD-VCF Document 1 Filed 04/11/18 Page 2 of 11
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`NATURE OF ACTION
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`This is an action for trademark infringement, unfair competition and false designation of
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`origin under federal statutes, with pendent claims for common law trademark infringement, state
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`deceptive trade practices, and intentional
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`interference with prospective economic advantage.
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`Plaintiff seeks damages, attorneys’ fees, costs, and all other relief to which it may be entitled.
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`JURISDICTION
`
`1.
`
`This Court has subject matter jurisdiction over this case pursuant to 28 U.S.C.
`
`§§1331 and 1338(a). This Court has supplemental jurisdiction over Plaintiff’s state law claims
`
`pursuant to 28 U.S.C. § 1367(a).
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`2.
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`This Court may exercise personal jurisdiction over Defendant by virtue of Defendant
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`committing acts of trademark infringement in the State of Nevada which it knew or should have
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`known would cause injury in Nevada.
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`In particular, Defendant has conducted business and has
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`directly harmed Plaintiff in this District by using, selling, offering for sale, and/or importing
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`products that
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`infringe on Plaintiff s
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`trademark rights at
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`the 2018 National Association of
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`Broadcasters Trade Show (“2018 NAB”) held on April 9-12, 2018 at the Las Vegas Convention
`
`
`
`Center in Las Vegas, Nevada.
`
`3.
`
`Venue is proper in the United States District Court for the District of Nevada under
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`28 U.S.C. § 1391(b) and (c). Venue lies in the unofficial Southern Division of this Court.
`
`PARTIES
`
`4.
`
`5.
`
`Plaintiff is a foreign corporation organized and existing under the laws of France.
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`Upon information and belief, Defendant Imagine Vision is a Chinese company with a
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`principal place of business located at 1A, F5, TCL International E City, 1001 Zhong Shan Park
`
`Road, Nan Shan, Shenzhen, China.
`
`ALLEGATIONS COMMON TO ALL COUNTS
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`6.
`
`Plaintiff is a global creator and distributor of high quality consumer electronic
`
`devices, including digital cameras and related devices.
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`\DwflQUI-BMNH
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`NNNNNNNNNHHHHl—lv—ll—lh—lh—ll—l
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`WNQUIJBMNHCWWQQUIAWNHO
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`LV421126275V2
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`Page 2 of l l
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`GREENBERGTRAURIG,LLP
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`
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`3773HowardHughesParkway,Suite400NorthLasVegas.
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`Nevada89169
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`
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`Telephone(702)792-3773
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`Facsimile:(702)792-9002
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`Case 2:18-cv-00650-JAD-VCF Document 1 Filed 04/11/18 Page 3 of 11
`Case 2:18-cv-00650-JAD-VCF Document 1 Filed 04/11/18 Page 3 of 11
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`7.
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`Plaintiff owns the exclusive right to use the trademarks Z CAM and its Z design logo
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`(the “Z CAM Marks”) shown below in connection with cameras, camera lenses and wide variety of
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`related electronic devices and accessories.
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`8.
`
`9.
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`CAM Marks:
`
`The primary product sold under the Z CAM Marks is a high quality digital camera.
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`Plaintiff has obtained the following US. federal trademark registrations for its Z
`
`a. Z CAM (U.S. Registration No. 5,366,698) in International Class 9 for “Cameras and
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`video cameras, camera lenses” and a wide variety of related goods and in
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`International Class 12 for Apparatus for locomotion by air, namely, drones for taking
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`aerial shots using a camera or on-board photographic apparatus”;
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`b. Z (and design)
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`(U.S. Registration No. 5,372,025)
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`in International Class 9 for
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`“Cameras and video cameras, camera lenses” and a wide variety of related goods and
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`in International Class 12 for Apparatus for locomotion by air, namely, drones for
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`taking aerial shots using a camera or on-board photographic apparatus.”
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`10.
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`Neither of these federal trademark registrations has been abandoned, canceled or
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`revoked.
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`11.
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`Since 2015, Plaintiff has continuously used its Z CAM Marks in connection with
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`advertising, promoting and selling its cameras and related goods throughout the United States and
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`around the world.
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`12.
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`Plaintiff has spent substantial sums of money to advertise and promote the Z CAM
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`Marks in print, broadcast media and on the internet.
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`13.
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`Based upon its federal registrations and extensive use, Plaintiff owns the exclusive
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`right to use the Z CAM Marks in connection with cameras, lenses and related goods.
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`
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`LV 421126275v2
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`Page 3 of 11
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`VD®\10\UIAMNI—l
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`28
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`GREENBERGTRAURIG,LLP
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`3773HowardHughesParkway,Suite400NorthLasVegas,
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`Nevada89169
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`
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`
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`
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`Telephone:(702)792-3773
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`Facsimile(702)792-9002
`
`Case 2:18-cv-00650-JAD-VCF Document 1 Filed 04/11/18 Page 4 of 11
`Case 2:18-cv-00650-JAD-VCF Document 1 Filed 04/11/18 Page 4 of 11
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`14.
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`The uniqueness of the Z CAM Marks and the extensive advertising and promotion by
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`Plaintiff have resulted in the Z CAM Marks being distinctive for cameras and related consumer
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`electronic devices and accessories.
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`15.
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`Upon information and belief, Defendant manufactures a line of digital cameras in
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`Shenzhen, China.
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`16.
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`Upon information and belief, and without Plaintiff’s authorization, Defendant has
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`marketed, promoted, sold and offered for sale its digital cameras under Plaintiff’s Z CAM and Z
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`(and design) marks to customers in the United States.
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`17.
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`Upon information and belief, Defendant is a registered exhibitor at the 2018 NAB
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`trade show in Las Vegas, Nevada in booth number C1052 and has copied Plaintiff’s Z CAM Marks
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`to market, promote and sell
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`their digital cameras and related products at
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`the trade show.
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`Photographs depicting Defendant’s infringing use of Plaintiff’s Z CAM Marks at the 2018 NAB
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`trade show are shown here:
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`
`
`
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`\DWNGKUl-BWNh—A
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`NNNNNNNNNHHHHHHHHHHooanUI-BMNHGNDOOQQUIAUJNHO
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`LV 421126275v2
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`Page 4 of l 1
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`Case 2:18-cv-00650-JAD-VCF Document 1 Filed 04/11/18 Page 5 of 11
`Case 2:18-cv-00650-JAD-VCF Document 1 Filed 04/11/18 Page 5 of 11
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`3002
`
`
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`Telephone:(702)79..
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`LasVegas,Nevada
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`Facsimile(702)792
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`GREENBERGTRAURIG,LLP
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`28
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`
`18.
`
`Defendant
`
`is aware of Plaintiffs rights in the Z CAM Marks as Plaintiff and
`
`Defendant have a former business relationship. Nevertheless, Defendant intentionally adopted the
`
`Plaintiffs marks to take advantage of the good will and reputation of the Z CAM Marks and
`
`continue to do so knowing of the harm such actions will cause Plaintiff and the public.
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`19.
`
`On or about March 28, 2018, Plaintiff sent Defendant a cease and desist
`
`letter
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`demanded that Defendant immediately discontinue all use of the Z CAM Marks. Defendant failed to
`
`respond to the letter and, despite being put on notice, has continued its infringing activities. A true
`
`and correct copy of the March 28th cease and desist letter is attached hereto as Exhibit 1.
`
`20.
`
`Defendant
`
`is not authorized to use Plaintiffs trademarks in connection with its
`
`cameras and other related consumer electronics.
`
`21.
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`Defendant’s use of Plaintiffs Z CAM Marks on goods that are identical to those sold
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`by Plaintiff is likely to cause confusion, mistake, and/or deceive consumers into believing that
`
`Defendants’ products are sponsored by or affiliated with Plaintiff.
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`22.
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`Defendant’s unauthorized use of Plaintiffs Z CAM Marks dilutes the distinctive
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`qualities of Plaintiffs brand and affects Plaintiffs ability to control the quality of the products being
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`offered for sale under its marks and places its reputation and good will in the hands of Defendant,
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`over whom Plaintiff has no control.
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`23.
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`By using Plaintiffs Z CAM Marks in connection with products that are identical to
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`those sold by Plaintiff under the same marks, Defendant was and is attempting to create an
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`association between Defendant and Plaintiff.
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`24.
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`By using Plaintiffs Z CAM Marks in connection with products that are identical to
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`those sold by Plaintiff under the marks, Defendant was and is attempting to trade on the goodwill
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`LV 421126275V2
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`Page 5 of l 1
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`GREENBERGTRAURIG.LLP
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`3773HowardHughesParkway,Suite400NorthLasVegas,
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`Nevada89169
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`
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`
`
`
`
`
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`Telephone:(702)792-3773
`
`
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`
`
`Facsimile(702)792-9002
`
`Case 2:18-cv-00650-JAD-VCF Document 1 Filed 04/11/18 Page 6 of 11
`Case 2:18-cv-00650-JAD-VCF Document 1 Filed 04/11/18 Page 6 of 11
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`\OWQONUIADJNl—A
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`NNNNNNNNNHHHHHHHHHI—l
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`established by Plaintiff in its Z CAM Marks.
`
`FIRST CLAIM FOR RELIEF
`
`(Trademark Infringement Under the Lanham Act, 15 U.S.C. § 1114)
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`25.
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`Plaintiff incorporates allegations in the preceding paragraphs as if fully set forth
`
`herein.
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`26.
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`Defendant’s use in commerce of identical and/or confusingly similar trademarks to
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`for identical goods and services constitutes a reproduction, copying, counterfeiting, and colorable
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`imitation of Plaintiffs Z CAM Marks in a manner that is likely to cause confusion or mistake or is
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`likely to deceive consumers.
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`27.
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`By using Plaintiffs Z CAM Marks and/or marks that are confusingly similar to
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`Plaintiffs Z CAM Marks with the knowledge that Plaintiff owns and has used, and continues to use,
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`its trademarks in Las Vegas, across the United States, and around the world, Defendant has intended
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`to cause confusion, cause mistake, or deceive consumers.
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`28.
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`Defendant’s use of Plaintiffs Z CAM Marks and/or marks that are confusingly
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`similar to Plaintiffs Z CAM Marks has created a likelihood of confusion among consumers who
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`may falsely believe that Defendant’s business or products are associated with Plaintiffs products or
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`that Plaintiff sponsors or approves of Defendant’s activities.
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`29.
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`Defendant’s unauthorized use of the Z CAM Marks in interstate commerce as
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`described above constitutes trademark infringement under 15 U.S.C. § 1114(1).
`
`30.
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`As a direct and proximate result of Defendant’s infringement, Plaintiff has suffered,
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`and will continue to suffer, monetary loss and irreparable injury to its business, reputation, and
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`goodwill.
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`31.
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`Defendant’s acts of infringement will cause further irreparable injury to Plaintiff if
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`Defendant is not restrained by this Court from further violation of Plaintiffs rights. Plaintiff has no
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`adequate remedy at law.
`
`
`
`SECOND CLAIM FOR RELIEF
`
`(Unfair Competition and False Designation of Origin
`under Lanham Act, 15 U.S.C. § 1125(a))
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`32.
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`Plaintiff incorporates the allegations in the preceding paragraphs as if fully set forth
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`LV 421126275v2
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`Page 6 of 1 1
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`GREENBERGTRAURIG,LLP
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`3773HowardHughesParkway,Suite400NorthLasVegas,
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`Nevada89169
`
`
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`
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`
`
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`Telephone:(702)7924773
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`Facsimile(702)792-9002
`
`Case 2:18-cv-00650-JAD-VCF Document 1 Filed 04/11/18 Page 7 of 11
`Case 2:18-cv-00650-JAD-VCF Document 1 Filed 04/11/18 Page 7 of 11
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`\DWQGNUI-BMNr—l
`
`NNNNNNNNNHHHHHHi—lt—ll—lt—lmflOKUI-BMNHOVOWQGNUI-BMNHC
`
`herein.
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`33.
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`Defendant’s use in commerce of marks identical and/or confusingly similar to
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`Plaintiffs trademarks in connection with Defendant’s goods constitutes a false designation of origin
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`and/or a false or misleading description or representation of fact, which is likely to cause confusion,
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`.
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`cause mistake, or deceive as to affiliation, connection, or association with Plaintiff, or as to the
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`origin, sponsorship, or approval of Defendant’s goods or commercial activities.
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`34.
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`Defendant’s use in commerce of Plaintiff’s Z CAM Marks and/or marks confusingly
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`similar to Plaintiff’s trademarks with the knowledge that Plaintiff owns and has used, and continues
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`to use, its trademarks constitutes intentional conduct by Defendant to make false designations of
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`origin and false descriptions about Defendant’s goods and commercial activities.
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`35.
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`As a direct and proximate result of such unfair competition, Plaintiff has suffered, and
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`will continue to suffer, monetary loss and irreparable injury to its business, reputation, and goodwill.
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`THIRD CLAIM FOR RELIEF
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`(Common Law Trademark Infringement)
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`36.
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`Plaintiff incorporates the allegations in the preceding paragraphs as if fully set forth
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`herein.
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`37.
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`By virtue of having used and continuing to use its trademarks, Plaintiff has acquired
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`common law rights in those marks.
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`38.
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`Defendant’s use of marks that are identical and/or confusingly similar to Plaintiff s
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`trademarks infringes Plaintiffs common law rights in its trademarks, and this use is likely to cause
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`confusion, mistake, or deception among consumers, who will believe that Defendant’s products and
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`services originate from, or are affiliated with, or endorsed by Plaintiff when, in fact, they are not.
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`39.
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`As a direct and proximate result of Defendant’s infringement of Plaintiff 5 common
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`law trademark rights under Nevada and other common law, Plaintiff has suffered, and will continue
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`to suffer, monetary damages and irreparable injury to its business, reputation, and goodwill.
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`FOURTH CLAIM FOR RELIEF
`
`(Deceptive Trade Practices
`Under N.R.S. § 598.0915)
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`40.
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`Plaintiff incorporates the allegations in the preceding paragraphs as if fully set forth
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`LV 421126275v2
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`Page 7 of l 1
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`GREENBERGTRAURlG,LLP
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`3773HowardHughesParkway,Suite400NorthLasVegas,
`
`Nevada89169
`
`
`
`
`
`
`
`
`
`Telephone:(702)792-3773
`
`
`
`
`
`Facsimile(702)792—9002
`
`Case 2:18-cv-00650-JAD-VCF Document 1 Filed 04/11/18 Page 8 of 11
`Case 2:18-cv-00650-JAD-VCF Document 1 Filed 04/11/18 Page 8 of 11
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`VDQQQUIAMNr—I
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`NNNNNNNNNHHHHHHHHHH
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`ooanIAmNt—tceooxlchI-BWNt—tc
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`herein.
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`41.
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`Upon information and belief, in the course of conducting their business, Defendant
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`knowingly made false representations as to affiliation, connection and/or association with Plaintiff
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`by using marks that are identical and/or confusingly similar to Plaintiffs trademarks and otherwise
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`engaging in deceptive trade practices.
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`42.
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`As the direct and proximate result of Defendant’s conduct, Plaintiff has suffered, and
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`will continue to suffer, monetary damages and irreparable injury to its business, reputation, and
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`goodwill.
`
`FIFTH CLAIM FOR RELIEF
`
`(Intentional Interference with
`Prospective Economic Advantage)
`
`43.
`
`Plaintiff incorporates the allegations in the preceding paragraphs as if fully set forth
`
`herein.
`
`44.
`
`Upon information and belief, at
`
`the time Defendant’s adopted and began using
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`Plaintiff’s Z CAM Marks and since that time, Defendant knew and has known that Plaintiff is in the
`
`business of selling and distributing high end consumer electronic devices, namely, digital cameras
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`under its Z CAM Marks.
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`45.
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`Upon information and belief, Defendant committed acts intended or designed to
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`disrupt Plaintiff’s prospective economic advantage arising from advertising and/or providing these
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`products.
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`46.
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`Defendant’s actions have disrupted or are intended to disrupt Plaintiff’s business by,
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`among other things, diverting customers away from purchasing Plaintiffs products and instead
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`luring them to purchase Defendant’s products.
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`47.
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`48.
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`Defendant has no legal right, privilege or justification for their conduct.
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`As a direct and proximate result of Defendant’s intentional
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`interference with
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`Plaintiff’s prospective economic advantage, Plaintiff has suffered, and will continue to suffer,
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`monetary damages and irreparable injury.
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`49.
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`Based on the intentional, willful and malicious nature of Defendant’s actions,
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`LV421126275V2
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`Page 8 of 11
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`

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`GREENBERGTRAURIG,LLP
`
`
`
`3773HowardHughesParkway,Suite400NorthLasVegas,
`
`Nevada89169
`
`
`
`
`
`
`
`
`
`Telephone(702)792-3773
`
`
`
`
`
`Facsimile:(702)792-9002
`
`Case 2:18-cv-00650-JAD-VCF Document 1 Filed 04/11/18 Page 9 of 11
`Case 2:18-cv-00650-JAD-VCF Document 1 Filed 04/11/18 Page 9 of 11
`
`Plaintiff is entitled to recover exemplary damages and reasonable attorneys’ fees and costs incurred
`
`in connection with this action.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff respectfully prays that the Court grant the following relief:
`
`A.
`
`A preliminary and permanent
`
`injunction prohibiting Defendant,
`
`its
`
`respective
`
`officers, agents, servants, employees and/or all persons acting in concert or participation with them,
`
`or any of them, from using Plaintiff‘s Z CAM and Z (and design) trademarks or confusingly similar
`
`variations thereof, alone or in combination with any other letters, words, letter strings, phrases or
`
`designs, in commerce or in connection with any business or for any other purpose (including, but not
`
`limited to, on websites, including social media websites, and in domain names);
`
`B.
`
`A judgment for Plaintiff against Defendant for willful infringement of Plaintiff 5 Z
`
`CAM Marks, including three times Defendant’s profits or Plaintiff s damages, whichever is greater,
`
`together with all of Plaintiff s litigation expenses, including reasonable attorneys’ fees and costs of
`
`this action;
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`C.
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`A judgment for Plaintiff against Defendant for unfair competition, including three
`
`times Defendant’s profits or Plaintiff s damages, whichever is greater, together with all of Plaintiff’s
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`litigation expenses, including reasonable attorneys’ fees and costs of this action;
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`D.
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`An award of compensatory, consequential, statutory, and punitive damages to
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`Plaintiff in an amount to be determined at trial;
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`E.
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`An award of interest, costs and attorneys’ fees incurred by Plaintiff in prosecuting this
`
`action; and
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`F.
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`All other relief to which Plaintiff is entitled.
`
`
`
`
`
`/ / /
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`/ / /
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`/ / /
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`/ / /
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`/ / /
`
`///
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`LV421126275V2
`
`Page 9 of l l
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`\OmflQUIAMNh—I
`
`NNNNNNNNNHHHHHr—ll—IHHH
`
`MQQUI-BMNHOVOQQQUIAMNHO
`
`

`

`
`
`
`
`GREENBERGTRAURIG,LLP
`
`
`
`3773HowardHughesParkway,Suile400NorthLasVegas,
`
`Nevada89169
`
`
`
`
`
`
`
`
`
`Telephone:(702)792-3773
`
`
`
`
`
`Famimile:(702)792-9002
`
`Case 2:18-cv-00650-JAD-VCF Document 1 Filed 04/11/18 Page 10 of 11
`Case 2:18-cv-00650-JAD-VCF Document 1 Filed 04/11/18 Page 10 of 11
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`DEMAND FOR JURY TRIAL
`
`Pursuant to Federal Rule of Civil Procedure, Plaintiff hereby demands a trial by jury on all
`
`issues for which a trial by jury may be had.
`
`DATED: this 11th day of April, 2018.
`
`GREENBERG TRAURIG, LLP
`
`/s/ Mark G. Tratos
`
`Mark G. Tratos (Bar No. 1086)
`Donald L. Prunty (Bar No. 8230)
`Shauna L. Norton (Bar No. 11320)
`Bethany L. Rabe (Bar No. 11691)
`3773 Howard Hughes Parkway
`Suite 400 North
`
`Las Vegas, Nevada 89169
`Counselfor Plaintifi’
`
`LV 421126275v2
`
`Page 10 ofll
`
`\Dmflam-RMNI-l
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`NNNNNNNNp—tr—AI—Ir—Ir—tv—tI—AI—AI—Ir—I\Iaxunthr-ncxoooqaxu-AmNn—c
`
`28
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`
`
`
`
`

`

`
`
`Case 2:18-cv-00650-JAD-VCF Document 1 Filed 04/11/18 Page 11 of 11
`Case 2:18-cv-00650-JAD-VCF Document 1 Filed 04/11/18 Page 11 of 11
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`VERIFICATION
`
`ss.
`
`) )
`
`)
`
`STATE OF NEVADA
`
`COUNTY OF CLARK?
`
`I, Franck Bywalski, do hereby verify that I am the person most knowledgeable at X-
`
`Trementerprise, that I have read the foregoing Verified Complaint, and the statements contained
`
`therein are to the best of my knowledge, information and belief, true and correct.
`
`
`
`SUBSCRIBED and SWORN to before
`me this 11th day of April, 2018.
`
`/ W
`
`Notary Public
`
`
`
`©W\l¢\Ul-BUJNH
`
`NNNNNNNNNHI—Hr—Ir—Ir—tv—tr—nl—ti—t“\IONUI-BUJNHOVOWQQUIAMNHO
`
`LV 421126275V2
`
`Page 11 ofll
`
`
`
`
`
`Telephone:(702)792-3773
`
`
`
`
`
`Facsimile:(702)792—9002
`
`
`
`
`
`GIUEENBERGTRAURIG,LLP
`
`
`
`3773HowardHughesParkway,Suite400NorthLasVegas,
`
`Nevada89169
`
`
`
`
`
`

`

`Case 2:18-cv-00650-JAD-VCF Document 1-1 Filed 04/11/18 Page 1 of 5
`Case 2:18-cv-00650-JAD-VCF Document 1-1 Filed 04/11/18 Page 1 of 5
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`
`EXHIBIT 1
`
`EXHIBIT 1
`
`

`

`Case 2:18-cv-00650-JAD-VCF Document 1-1 Filed 04/11/18 Page 2 of 5
`
`From: Victoria Newland [mailto:Victoria@vnewlandlaw.com]
`Sent: Tuesday, March 27, 2018 4:24 PM
`To: 'kinson@z-cam.com<mailto:kinson@z-cam.com>'
`Subject: Z CAM and Z Design Trademarks
`
`VIA FEDERAL EXPRESS & EMAIL
`Mr. Kinson Loo
`Shenzhen Imagine Vision Limited
`1A, F5, TCL International E City,
`1001 Zhong Shan Park Road, Nan Shan,
`Shenzhen, China
`kinson@z-cam.com<mailto:kinson@z-cam.com><mailto:kinson@z-cam.com>
`
`Mr. Kinson Loo
`Eye Deas Limited
`Level 15 Langham Place,
`8 Argyle Street, Mong Kok,
`Hong Kong
`
`
`
`
`
`Re: Z CAM and Z Design Trademarks
`
`Dear Mr. Loo:
`This firm represents X-treme Enterprise SAS (hereinafter “X-treme”) in connection with its intellectual
`property matters. As you know, X-treme is the owner of the registered trademark Z CAM, Reg. No. 5,366,698,
`and Z Design, Reg. No. 5,372,025, in the U.S. It is also the owner of the marks elsewhere throughout the
`world, including Australia, the European Union, France, Brazil and Canada. Attached hereto at Exhibit A are
`printouts of X-treme’s United States Trademark Registrations for its Z CAM and Z Design mark (hereinafter
`the “Marks”), as well as a list of its foreign trademarks at Exhibit B.
`X-treme has invested a substantial amount of time, money and other resources advertising, promoting and
`marketing its cameras sold under the Marks throughout the United States and elsewhere throughout the
`world. As a result of X-treme’s substantial advertising, marketing and promotional efforts, the Marks have
`acquired substantial consumer recognition and good will. The Marks have become an important source
`indicator.
`It has been brought to our attention that Shenzhen Imagine Vision Limited and Eye Deas Limited are utilizing
`the identical Marks in connection with their unauthorized promotion of identical goods, namely
`cameras. Attached hereto at Exhibit C are screen shots from your website and Facebook demonstrating your
`use of the Marks. Your use of the identical Marks in connection with the promotion and sale of identical goods
`invariably creates a likelihood of confusion as to the source of goods.
`1
`
`

`

`Case 2:18-cv-00650-JAD-VCF Document 1-1 Filed 04/11/18 Page 3 of 5
`For the foregoing reasons, we hereby demand that you immediately CEASE AND DESIST from any and all use
`of the Marks (or any other confusingly similar names or marks) in connection with the sale, advertising,
`promotion or marketing of goods, both in the United States and elsewhere throughout the world where X-treme
`has registered such Marks. We demand that you comply and confirm such in writing no later than April 2,
`2018.
`Please be advised that if you do not comply with these demands, our client will commence legal action in order
`to enforce its valuable rights. X-treme Enterprise SAS expressly reserves all rights and remedies.
`We will anticipate your immediate compliance.
`
`Thank you,
`
`Victoria Newland
`The Law Offices of Victoria Newland, APC
`338 Via Vera Cruz, Suite 250
`San Marcos, CA 92078
`Ph: (760) 216-6440
`Mobile: (949) 292-0869
`Email: victoria@vnewlandlaw.com<mailto:victoria@vnewlandlaw.com><mailto:victoria@vnewlandlaw.com>
`
`*****************************************************************************
`The information contained in this email message, together with any attachments, is a private communication. If
`you are not the intended recipient, do not read, copy or use it or disclose it to others. If you have received this
`message in error, please notify the sender immediately by replying to this message and then delete it from your
`computer. In accordance with IRS Circular 230, this information is not intended or written to be used, and
`cannot be used as or considered a "covered opinion" or other written tax advice and should not be relied upon
`for the purpose of avoiding tax-related penalties under the Internal Revenue Code; promoting, marketing, or
`recommending to another party any transaction or tax-related matter(s) addressed herein; for IRS audit, tax
`dispute or other purposes.
`*****************************************************************************
`
`
`2
`
`

`

`Case 2:18-cv-00650-JAD-VCF Document 1-1 Filed 04/11/18 Page 4 of 5
`
`De : iShip_Servi(cid:272)es@iship.(cid:272)o(cid:373) [(cid:373)ailto:iShip_Servi(cid:272)es@iship.(cid:272)o(cid:373)]  
`Envoyé : (cid:373)er(cid:272)redi (cid:1008) avril (cid:1006)(cid:1004)(cid:1005)8 (cid:1004)(cid:1009):(cid:1005)(cid:1009) 
`À : VICTORIA@VNEWLANDLAW.COM 
`Objet : Your par(cid:272)el has (cid:271)ee(cid:374) delivered
`
`
`
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`
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`Your parcel has been delivered
`Join our email program to receive exclusive offers and resources
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`The parcel to MR KINSON LOO has been delivered.
`
`
` Your parcel has been delivered
`
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` Your shipment information
`
`
`
`
`
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`
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`
`
`
`Who sent it...
`VICTORIA NEWLAND
`
`(Sender's street address omitted
`intentionally from this email)
`Oceanside, CA 92056
`
`Who will receive it...
`MR KINSON LOO
`SHENZHEN IMAGINE LIMITED
`(Recipient's street address omitted
`intentionally from this email)
`SHENZHEN, 51800-8000 CN
`Wed 04 Apr 2018 10:34 AM
`
`Who is carrying it...
`The UPS Store #4868
`760-720-7800
`
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`
`1
`
`
`
`Carrier detail...
`UPS Worldwide Saver
`
`Tracking details...
`Tracking No.: 1ZV2963R0416540785
`Shipment ID: MM9U08BN977JF
`Order / Item #: AB
`Reference #: --
`
`Ship date
`Wednesday, March 28, 2018
`
`Delivery date...
`Wed 04 Apr 2018 10:34 AM
`
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`

`Case 2:18-cv-00650-JAD-VCF Document 1-1 Filed 04/11/18 Page 5 of 5
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`2
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`

`

`JS 44 (Rev. 06/17)
`
`Case 2:18-cv-00650-JAD-VCF Document 1-2 Filed 04/11/18 Page 1 of 1
` 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
`X-Trementerprise
`
`DEFENDANTS
`Shenzhen ImagineVision Technology Limited
`
`(b) County of Residence of First Listed Plaintiff
`
`(EXCEPT IN U.S. PLAINTIFF CASES)
`
`(c) Attorneys (Firm Name, Address, and Telephone Number)
`Mark G. Tratos, Esq. - Greenberg Traurig, LLP
`3773 Howard Hughes Parkway, Suite 400 North
`Las Vegas, NV 89169 - (702) 792-3773
`II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
`(cid:117) 1 U.S. Government
`(cid:117) 3 Federal Question
`Plaintiff
`(U.S. Government Not a Party)
`
`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.
`
`NOTE:
`
` Attorneys (If Known)
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
`(For Diversity Cases Only)
`