Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1228611
`
`Filing date:
`
`08/11/2022
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`92071010
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Marcia Pellitteri
`
`GARY R. CARLIN
`LAW OFFICES OF GARY R. CARLIN, APC
`301 E. OCEAN BLVD., SUITE 1550
`LONG BEACH, CA 90802
`UNITED STATES
`Primary email: gary@garycarlinlaw.com
`(562) 432-8933
`
`Other Motions/Submissions
`
`Junnie Verceles
`
`junnie@garycarlinlaw.com
`
`/Junnie Verceles/
`
`08/11/2022
`
`Complaint Pellitteri TTAB.pdf(193337 bytes )
`Civil Case Cover TTAB.pdf(161891 bytes )
`Summons TTAB.pdf(43004 bytes )
`Ntc of Interested Parties TTAB.pdf(23542 bytes )
`Proof Of Service TTAB.pdf(29457 bytes )
`Stmnt of Consent TTAB.pdf(33234 bytes )
`
`

`

`Case 2:22-cv-05310 Document1 Filed 07/29/22 Pagelof9 Page ID#:1
`
`rayOFFICES OF GARYR. CARLIN, APC
`
`R. CARLIN, CSBN: 44945eaFacsimile:
`
`562) 435-1656
`
`Attormeys for Plaintiff, MARCIA PELLITTERI
`
`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
`MARCIA PELLITTERI,
`
`Case No.: 2:22-cv-05310
`
`Plaintiff,
`
`VS.
`TANGLE TEEZER LTD.., a foreign
`oration; TANGLE TEEZ
`IN
`a Kansas Corporation;‘Shistan
`Pulfrey, an individual
`
`COMPLAINT FOR:
`
`(1) TrademarkInfrigement (15 U.S.C.
`1114
`§
`)
`(2) Common Law Trademark
`Infringement
`
`Defendants.
`
`Demandfor Jury Trial
`
`Plaintiff Marcia Pellitteri ““PELLITTERI or Plaintff’), by and through her
`
`undersigned attorneys, complains ofDefenants Tangle Teezer, Ltd. (TT LTD”),
`
`Tangle Teezer, Inc. (“TT INC”), and Shaun Pulfrey (“Pulfrey”, collectively
`
`“Defendants”), and alleges as follows:
`
`Hl
`
`Hf
`
`Mt
`
` COMPLAINT
`
`oOCOsF
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`10
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`1 1
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`2
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`13
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`14
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`15
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`23
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`28
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`

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`Case 2:22-cv-05310 Documenti1 Filed 07/29/22 Page 2of9 Page ID #:2
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`“aBAWo&WwWN
`
`oo
`
`I.
`
`INTRODUCTION
`
`1.
`
`This is an action for relief from Defendants’ violations of Plaintiff’s rights
`
`under the Lanham Act, 15 U.S.C. § 1051, et seq.
`
`2.
`
`Plaintiff is the owner of the trade mark THE ULTIMATE EVERYTHING
`
`BRUSH.
`
`3. Defendants, who have no affiliation with Plaintiff, advertise and market hair
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`brushes in the United States bearing the name THE ULTIMATE(“Infringing
`
`Brushes”).
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`4. Defendants have manufactured, advertised, and sold their Infringing Brushes
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`without Plaintiff's permission, authorization, or approval. Their conductis likely
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`to cause, and will continue to cause, consumers mistakenly to believe that the
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`Infringing Brushes sold und promoted by Defendantsare either Plaintiff’s Brushes;
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`are produced by Defendants under a license or other form of authorization; or are
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`otherwise endorsed by oraffiliated with Plaintiff.
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`5.
`
`For these reasons, Plaintiff seeks injunctive relief and damages for acts of
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`trademark infringement, false designation of origin, unfair competition, unfair and
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`deceptive trade practices, and injury to business reputation engaged in by
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`Defendants in violation of the laws of the United States.
`
`Il.
`
`JURISDICTION AND VENUE
`
`6.
`
`This Court has jurisdiction over the subject matter of this action pursuant to
`
`Section 39 of the Lanham Act, 15 U.S.C. § 1121, and 28 U.S.C. §§ 1331, 1332 and
`
`1338, and has supplemental jurisdiction pursuant to 28 U.S.C. § 1367(a).
`
`7.
`
` Wenue is properly founded in this judicial district pursuant to 28 U.S.C. §
`
`1391(b) and (c) because a substantial part of the events giving rise to these claims
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`occurred within this judicial district.
`
`COMPLAINT
`
`

`

`Case 2:22-cv-05310 Document1 Filed 07/29/22 Page 3of9 Page ID#:3
`
`Hii. THE PARTIES
`
`8.
`
`Plaintiff PELLITTERI is an individual residing in Calabasas, California, and
`
`is the sole and exclusive ownerofthe trademark THE ULTIMATE EVERYTHING
`
`BRUSH, duly registered in the United States under Registration No. 2989541.
`
`PELLITTERI sells hair brushes with the Markto a distributor in the United States.
`
`9. On information and belief, Defendant TANGLE TEEZER LTD.(“TT LTD”),
`is a foreign corporation with its principal place ofbusiness in London, England. TT
`
`LTD designs, manufacutres, advertises, sells, and offers for sale, hair brushes under
`
`the mark THE ULTIMATE.
`
`10. On information and belief, Defendant TANGLE TEEZER, INC. (“TT INC”),
`
`is a Kansas corporation with its principal place of business in Hutchinson, Kansas.
`
`TT INC designs, manufacutres, advertises, sells, and offers for sale, hair brushes
`
`underthe mark THE ULTIMATE.
`
`IV. FACTS
`
`
`
`
`
`
`
`
`
`
`
`11. Plaintiff is the exclusive United States seller of hair brushes bearing the
`
`following relevant trademarkregistration, appearing on the Principal Register in
`
`the United States Patent and Trademark Office (“USPTO”):
`
`21
`
`The Ultimate Everything|2989541 February 2, 2004|Hair Combs and
`
`
`Brushes
`
`OoSo~~
`
`10
`
`11
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`12
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`13
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`14
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`15
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`16
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`17
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`18
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`20
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`22
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`23
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`24
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`25
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`26
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`27
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`28
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`
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`A copy ofthe trademark registration for the aforementioned trademarksis attached
`
`hereto as Exhibit A.
`
`12. Since 2004,
`
`long prior
`
`to Defendant’s manufacture,
`
`advertisement,
`
`promotion, and/or sale of the Infringing Brushes, Plaintiff has continuously used
`
`COMPLAINT
`
`

`

`DPooNDUWFBWHBH=
`
`Case 2:22-cv-05310 Document1 Filed 07/29/22 Page4of9 Page ID #:4
`
`THE ULTIMATE EVERYTHING BRUSH trademark (the “Mark’”) on and in
`
`connection with its sale of hair brushes.
`
`13. Plaintiff has expended substantial
`
`time, money and other resources in
`
`developing, advertising and otherwise promoting the Mark. As a result of these
`
`efforts, consumers readily identify brushes bearing the Mark as being high quality
`
`brushes sponsored and approvedby Plaintiff.
`
`14. As aresult of Plaintiff’s exclusive and extensive use of the Mark on herhair
`
`brushes, the Mark has acquired great value. The Mark has become famous among
`
`the consumingpublic and trade, and is recognized as identifying and distinguishing
`
`Plaintiff exclusively and uniquely as the source of products sold under THE
`
`ULTIMATE EVERYTHING BRUSH Mark.
`
`15. Upon information and belief, Defendants are engaged in designing,
`
`manufacturing, advertising, promoting, selling, and/or offering for sale in the
`
`United States and elsewhere hair brushes bearing the mark THE ULTIMATE.
`
`Defendants advertise and promote the Infringing Brushes through their Internet
`
`Website https://www.tangleteezer.com/us/, as well as through a network ofthird
`
`parties who purchase such products from Defendants at wholesale.
`
`16. Defendands prominently display the term “THE ULTIMATE”in the names
`
`of their brushes when advertising the Infringing Brushesforsale.
`
`17. Defendants advertisement, promotion, and/orsale of the Infriging Brushesis
`
`part of a sophisticated and elaborate schemeto target Plaintiff and to trade upon
`
`the goodwill and reputation associated with Plaintiff's high quality brushes and to
`
`deceive consumers and the trade.
`
` COMPLAINT
`
`

`

`Case 2:22-cv-05310 Document1 Filed 07/29/22 Page5of9 Page ID#:5
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`18. Upon information and belief, Defendants intend to continue to design,
`
`manufacture, advertise, promote, sell, and/or offer for sale the Infringing Brushes,
`
`unless otherwise restrained.
`
`19, Defendants’ actions have caused substantial and irreparable damage and
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`injury to Plaintiff and in particular to the valuable goodwill and reputation
`
`symbolized by Plaintiff's Mark and in lost sales, and unless enjoined by this Court,
`
`will continue to cause substantial and irreparable damage and injury to Plaintiff,
`
`for which Plaintiff has no adequate remedyat law.
`
`COUNT I
`
`Bw
`
`TN
`
`10
`
`11
`
`
`
`12
`Trademark Infringement (15 U.S.C.§1114
`13
`
`14
`
`15
`
`16
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`17
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`18
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`19
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`20
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`21
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`22
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`23
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`24
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`25
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`26
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`27
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`28
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`20. Plaintiffrepeats and realleges paragraphs 1 through 19 above,as if each were
`
`fully set forth herein.
`
`21. Defendants’ Infringing Brushes are intended to cause, have caused and are
`
`likely to continue to cause confusion, mistake and deception among the general
`
`consuming public and the trade as to the origination, affiliation, sponsorship and
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`endorsement by Plaintiff.
`
`22. Upon information and belief, Defendants have acted with knowledge of
`
`Plaintiffs ownership of Plaintiff’s Mark and with the deliberate intention unfairly
`
`to benefit from the misappropriation of the incalculable goodwill symbolized
`
`thereby.
`
` COMPLAINT
`
`

`

`Case 2:22-cv-05310 Document1 Filed 07/29/22 Page6of9 Page ID #:6
`
`23. Defendants’ acts constitute trademark infringement in violation of Section 32
`
`of the Lanham Act, 15 U.S.C. § 1114.
`
`wwBO
`
`24. Upon information and belief, by their acts, Defendants have made and will
`
`make substantial profits and gains to which they are notin law or equity entitled.
`
`25. Upon information and belief, by their acts, Defendants intend to continuetheir
`
`infringing acts, and will continue willfully to infringe Plaintiff’'s Mark, unless
`
`restrained by this Court.
`
`26. Defendants’ acts have damaged and will continue to damage Plaintiff, who
`
`has no adequate remedy at law.
`
`COUNTI
`
`Common Law Trademark Infringement
`
`27. Plaintiff repeats and realleges the allegations contained in paragraphs |
`
`through 26 aboveas though fully set forth herein.
`
`28. Plaintiff ownsall right, title, and interest in and to Plaintiff's Mark, including
`
`all common law rights in such marks.
`
`29. The aforesaid acts of Defendants constitute trademark infringement
`
`in
`
`violation of the common law of the State of California.
`
`30. Upon information and belief, by their acts, Defendants have made and will
`
`make substantial profits and gains to which they are not in law orequity entitled.
`
`-6-
`COMPLAINT
`
`

`

`Case 2:22-cv-05310 Document1 Filed 07/29/22 Page 7of9 Page ID #:7
`
`31. Upon information and belief, Defendants intend to continue their willfully
`
`infringing acts unless restrained by this Court.
`
`32. Defendants’ acts have damaged and will continue to damage Plaintiff, and
`
`Plaintiff has no adequate remedy underlaw.
`
`PRAYER FOR RELIEF
`
`WHEREFORE,Plaintiff demands judgment against Defendants as
`
`follows:
`
`1. Finding that: (j} Defendants have violated Section 32 of the Lanham Act, 15
`
`U.S.C.A. § 1114; and (ii) Defendants have engaged in trademark infringement and
`
`unfair competition under the common law ofthe State of California.
`
`2. Granting an injunction permanently restraining and enjoining Defendants,their
`
`officers, agents, employees and attorneys, andall those personsorentities in active
`
`concert or participation with them, or any of them, from:
`
`(a) manufacturing,
`
`importing, advertising, marketing, promoting, supplying,
`
`distributing, selling, or offering for sale any products which bear either of
`
`Plaintiff's Mark, or any other mark substantially or confusingly similar thereto,
`
`including, without limitation, the Infringing Brushes, and engaging in any other
`
`activity constituting an infringement of any Plaintiff’s rights in Plaintiff's Mark or
`
`any other trademark owned by Plaintiff.
`
`COMPLAINT
`
`oOSFsD
`
`10
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`11
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`12
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`13
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`14
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`15
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`16
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`17
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`18
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`19
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`20
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`a]
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`22
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`23
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`24
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`25
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`26
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`27
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`28
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`

`

`Case 2:22-cv-05310 Documenti Filed 07/29/22 Page 8of9 Page ID #8
`
`BeWwWbt
`OoocssGOtA
`
`(b) engaging in any other activity constituting unfair competition with Plaintiff, or
`
`acts and practices that deceive the public and or the trade, including, without
`
`limitation, the use of designations and indicia associated with Plaintiff.
`
`(c) engaging in any activity that will diminish the unique and distinctive quality of
`
`Plaintiffs Mark.
`
`3. Directing other such relief as the Court may deem appropriate to prevent the
`
`public from receiving any erroneous impression that any product at issue in this
`
`case,
`
`that has been manufactured,
`
`imported, advertised, marketed, promoted,
`
`supplied, distributed, sold, or offered for sale by Defendants, has been authorized
`
`by Plaintiff, or is related to or associated in any way with Plaintiff or its products.
`
`4. That Defendants be directed to file with the Court and serve upon Plaintiff,
`
`within thirty (30) days after service upon Defendants of this Court’s final judgment
`
`issued in this action, a statement, signed underoath, setting forth the manner and
`
`form in which Defendants have complied with the injunction herein.
`
`5, Directing that Defendants account to and pay overto Plaintiff all profits realized
`
`by their wrongful acts and directed that such profits be trebled in accordance with
`
`Section 35 of the Lanham Act, 15 U.S.C.A. § 1117.
`
`6. Awarding Plaintiff its actual damages in accordance with Section 35 of the
`
`Lanham Act, 15 U.S.C.A. § 1117.
`
`COMPLAINT
`
`

`

`Case 2:22-cv-05310 Document1 Filed 07/29/22 Page9of9 Page ID #9
`
`GoRDpnt
`
`OoSSSSOOWw
`
`7. Awarding Plaintiff her costs and attorney fees and investigatory fees and
`
`expenses to the full extent provided for by Section 35 of the Lanham Act, 15
`
`U.S.C.A. § 1117.
`
`8. Requiring Defendants to deliver up to Plaintiff for destruction or other
`
`disposition all remaining inventory of all Infringing Brushes,
`
`including all
`
`advertising, packaging, promotional and marketing material therefor, as well as all
`
`means of making the same.
`
`9. Awarding Plaintiff pre-judgment interest on any monetary award made part of
`
`the judgment against Defendants.
`
`10. Awarding Plaintiff such additional and further relief as the Court deemsjust
`
`and proper.
`
`Dated: July 29, 2022
`
`THE LAW OFFICES OF GARY R. CARLIN,
`APC
`
`By /s/ Gary Carlin
`Attorneys for Plaintiff,
`MARICA PELLITTERI
`
` COMPLAINT
`
`

`

`

`

`Case 2:22-cv-05310-RGK-MAA Document11 Filed 08/02/22 Pagelof3 Page ID #:24
`
`UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
`CIVIL COVER SHEET
`
`1. {a) PLAINTIFFS ( Check boxif you are representing yourself [”] ) DEFENDANTS={ Check boxifyou are representing yourself [] }
`
`Marcia Pellitteri
`Tangle Teezer Ltd., a forelgn corporation; Tangle Teezer, inc, a Kansas Corporation;
`Shaun Pulfrey, an individual
`
`(b) County of Residence of First Listed Plaintiff Los Angeles
`(EXCEPTIN ULS, PLAINTIFF CASES)
`
`County of Residence of First Listed Defendant
`{IN U.S. PLAINTIFFCASES ONLY)
`
`Attorneys (Firm Name, Address and Telephone Number) |f you are
`representing yourself, provide the same information,
`
`(c) Attorneys (Firm Name, Address and Telephone Number) |f you are
`representing yourself, provide the same Information.
`Gary R. Carlin, SBN: 44945
`Law Offices of Gary B. Carlin, APC
`301. £, Ocean Blvd,Ste, 1550
`Long Beach, CA 90802
`il. BASIS OF JURISDICTION (Place an X in one box only,)
`
`111. CITIZENSHIP OF PRINCIPAL PARTIES-ForDiversity Cases Only
`(Place an X in one box for plaintiff and one for defendant}
`DEF
`PTF
`DEF
`PTF
`1.0.5, Government (1.1 [1 [eorporated or Principat Place=7 43, Federal Question (U.S. Citizen ofThis State 4
`
`
`
`
`Plaintiff
`Es Government Not a Party)
`of Businessin thisState
`O
`
`Citizen ofAnother State=[7] 2. [[] 2. Incorporated and Principal Piace Osis
`
`
`of Business In AnotherState
`2. U.S. Government [_]4. Diversity (Indicate Citizenship|Citizen or Subject of a
`
`Defendant
`of Parties in Item I!5)
`Foreign Country
`[]3 []8 Foreign Nation
`Oss
`
`IV. ORIGIN (Place an X in one box only.}
`.
`za
`1. Original
`2. Removed from Oo 3. Remanded from O 4, Reinstated or 0 5.Transferred fromAnother a 6.igtrct OJ ate
`
`Proceeding
`
`State Court
`
`Appellate Court
`
`Reopened
`
`District (Specify)
`
`Transfer
`
`Direct File
`
`(Check "Yes" only if demanded in complaint.)
`[7] No
`V. REQUESTED IN COMPLAINT: JURY DEMAND:
`["] MONEY DEMANDED IN COMPLAINT: $
`No
`CLASS ACTION under F.R.Cv.P,23:
`[7]Yes
`VI. CAUSE OF ACTION (Cite the US,Civil Statute under which youarefiling and write brief statement of cause, Do not elite jurisdictional statutes unless diversity.)
`15 U.S.C, § 1114; Defendants haveinfringed on the trademark ownedbyPlaintiff.
`
`Yes
`
`
`
`4
`
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`
`862 Black L
`
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`
`
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`
`
`FOR OFFICE USE ONLY:
`Case Number:
`CV-71 (70/20)
`
`CIVIL COVER SHEET
`
`Page 1of3
`
`

`

`Case 2:22-cv-05310-RGK-MAA Document11 Filed 08/02/22 Page2of3 Page ID#25
`
`UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
`CIVIL COVER SHEET
`
`VIEL VENUE: Your answers to the questions below will determinethe division of the Court to which this case will be [nitlally assigned. This Initlal assignmentis subject
`
`to change,in accordance with the Court’s General Orders, upon review by the Court ofyour Complaintor Notice of Removal.
`
`
`
`QUESTION A: Was this case removed
`
`iON!
`from state court?
`
`
`
`[_] Yes
`No
`
`
`[} Los Angeles, Ventura, Santa Barbara, or San Luls Obispo
`
`
`
`lf "no,"skip to Question B. If "yes," check the
`
`box to the right that applies, enter the
`
`
`corresponding division In response to
`Question E, below, and continue from there.
`
`
`
`
`B.1, Bo 5096 or more of the defendants whoreside in
`
`YES. Your case will initially be assigned to the Southern Division.
`!s the United States, or
`QUESTION B:
`the district reside In Orange Ca.?
`[] Enter "Southern" In response to Question E, below, and continue
`one of its agencies or employees, a
` check one ofthe boxes to the right —>
`
`
`from there.
`PLAINTIFE in this action?
`
`
`
`
`(] Yes
`No
`8.2, Do 50% or more of the defendants who reside in
`
`
`
`YES, Your case will Initially be assiqnad to the Eastern Division,
`
`the district reside in Riverside and/or San Bernardino
`If "no, "skip to Question C.If "yes," answer
`
`
`
`([] Enter “Eastern” in response to Question E, below, and continue
`
`from there.
`Question B.1, at right.
`Countles? (Consider the two counties together}
`
` check one ofthe boxes to the right
`
`
`NO. Your case will Initially be assigned te the Western Division.
`
`—>
`([j Enter "Western" in response to Question E, below, and continue
`
`
`from there.
`
`
`
`
`.
`th
`YES, Your case will initially
`be assigned to
`C.1, Do 5096 or more ofthe plaintiffs who reside In the
`the Southern Division
`to
`district reside in OrangeCo?
`our
`ill
`initially
`igned
`QUESTION C:
`[s the United States, or
`f[] Enter "Southern"in response to Question &,below, and continue
`
`one of its agencies or employees, a
`
`from there.
`
`DEFENDANTin this action?
` check one of the boxes tothe right|=>
`
`
`
`No
`Ll
`‘Yes
` C.2, Do 50% or moreof the plaintiffs who reside In the
`
`
`
`YES, Your casewillinitially be assigned to the Eastern Division.
`
`district reside In Riverside and/or San Bernardino
`if "no," skip to Question D. If "yes," answer
`CI] Enter "Eastern" In response to Question E, below, and continue
`
`
`
`
`from there,
`Question C.1, at right.
`Countles? {Consider the two counties together.)
`
`
`
`
`
`
`
`NO. Your case will Initially be assigned to the Western Division.
`check one ofthe boxesto the right —>
`(_] Enter “Western” in response to Question &, below, and continue
`from there.
`
`
`
` Indicate the location(s} in which 50% or more ofplaintiffs who reside in this district
`reside. (Check up to two boxes, or leave blankif none of these choices apply.)
`
`Indicate the location(s) in which 50%6 or more of defendants whoresidein this
`
`district reside. (Check Up to two boxes, or leave blankif noneof these choices
`apply )
`
`
`
`
`0.1, Is there at least one answer in Column A?
`D.2, is there at least one answer in Column B?
`
`
`[] Yes
`[Xl] No
`LJ Yes
`[x] No
`
`If"yes," your case will initially be assigned to the
`IF "yes," your case will initially be assigned to the
`
`
`
`SOUTHERNDIVISION.
`EASTERNDIVISION,
`
`
`
`Enter “Eastern” In response to Question E, below,
`Enter "Southern"In respanse to Question E, below, and continue from there.
`
`If*no," your case will be assigned to the WESTERN DIVISION,
`
`
`If*no," ga te question D2 tothe right,===
`
`Enter "Western"in response to Question €, below.
`
`
`
`ee
`iets
`Do 50% or more ofplaintiffs or defendantsin this district reside in Ventura, Santa Barbara, or San Luis Obispo counties?
`CV-71 (40/20}
`CIVIL COVER SHEET
`
`
`
`[] Yes
`
`No
`Page 2 of 3
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`

`

`Case 2:22-cv-05310-RGK-MAA Document 11 Filed 08/02/22 Page 3of3 Page ID #:26
`
`UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
`CHIL COVER SHEET
`
`IX(a). IDENTICAL CASES: Hasthis action been previously filed in this court?
`
`NO
`
`[| YES
`
`If yes, list case number(s):
`
`IX(b). RELATED CASES:
`
`Is this case related (as defined below) to any civil or criminal case(s} previously filed in this court?
`
`NO
`
`Cc] yes
`
`If yes,list case number(s):
`
`Civil cases are related when they (check all that apply):
`
`[_] A. Arise from the same or a closely related transaction, happening, or event;
`[_] 8. Call for determination of the same or substantially related or similar questions of law and fact; or
`[_] C. For other reasons would entail substantial duplication oflaborif heard by different judges.
`
`Note: That cases may involve the same patent, trademark, or copyrightis not,in itself, sufficient to deem casesrelated.
`
`A civil forfeiture case and a criminal case are related when they (check all that apply):
`
`F| A. Arise from the same or a closely related transaction, happening, or event;
`
`EF] 8. Call for determination of the same or substantially related or similar questions oflaw and fact; or
`C, Involve one or more defendants from the criminal case in common and would entail substantial duplication of
`laborif heard bydifferent judges.
`
`
`
`X. SIGNATURE OF ATTORNEY
`
`{OR SELF-REPRESENTED LITIGANT): DATE: August 02, 2022
`
`Notice to Counsel/Parties: The submission ofthis Civil Cover Sheetis required by Local Rule 3-1, This Form C¥-71 and the information contained herein
`neither replaces nor supplementsthefiling and service of pleadings or other papers as required by law, except as provided by tocal rules of court. For
`more detailed instructions, see separate instruction sheet (CV-071A).
`
`
`
`Kay to Statistical codes relating to Social Security Cases:
`Abbreviation
`Nature of Suit Code
`
`BGT
`
`862
`
`863
`
`863
`
`864
`
`865
`
`HIA
`
`BL
`
`DIWC
`
`DIWW
`
`SSID
`
`RSI
`
`Substantive Statement of Cause of Action
`All claims far health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended. Also,
`include claims by hospitals,skilled nursing facilities, etc., for certification as providers of services under the program,
`(42 U.S.C. 1935FF(b))
`
`Alt claims for "Black Lung" benefits underTitle 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969. (30 U.S.C.
`923)
`
`All claimsfiled by insured workers for disability insurance benefits underTitle 2 of the Social Security Act, as amended;plus
`alt claimsfiled for child's insurance benefits based on disability, (42 U.S.C. 405 (g})
`
`All claimsfiled for widows or widowers insurance benefits based on disability underTitle 2 of the Social Security Act, as
`amended. (42 U.S.C. 405 (g})
`
`All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security Act, as
`amended.
`
`Ali claims for retirement{old age) and survivors benefits underTitle 2 of the Social Security Act, as amended,
`(42 U.S.C. 405 (g))
`
`CV-71 (70/20)
`
`CIVIL COVER SHEET
`
`Page 3 of 3
`
`

`

`AO 440 (Rev. 06/12) Summons in a Civil Action
`UNITED STATES DISTRICT COURT
`for the
`
`Central District of California
`
`Marcia Pellitteri
`
`Plaintiff{s)
`Vv.
`
`Tangle Teezer Ltd., a foreign corporation; Tangle
`Teezer, Inc., a Kansas Corporation; Shaun Puifrey
`
`Defendant(s)
`
`lea
`
`Civil Action No. 2:22-cv-05310
`
`SUMMONSIN A CIVIL ACTION
`
`To: (Defendant's name and address) Tangle Teezer Ltd.
`205 Stockwell Rd.
`London, SWS 9SL
`United Kingdom
`
`(See attachment #1)
`
`A lawsuit has beenfiled against you.
`
`Within 21 days after service of this summons on you (not counting the day you received it) — or 60 daysif you
`are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
`P. 12 (a)(2) or (3) — you mustserve onthe plaintiff an answerto the attached complaint or a motion under Rule 12 of
`the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,
`whose name and address are:
`Law Offices of Gary R. Carlin, APC
`Gary R,Carin
`301 E. Ocean Blvd. Ste. 1550
`Long Beach, CA 90802
`
`If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
`You also must file your answer or motion with the court.
`
`Date:
`
`CLERK OF COURT
`
`Signature ofClerk or Deputy Clerk
`
`

`

`AO 440 (Rey. 06/12) Summonsin a Civil Action (Page 2)
`
`Civil Action No, 2:22-cv-05310
`
`(This section should not befiled with the court unless required by Fed. R. Civ. P. 4 (0)
`
`PROOF OF SERVICE
`
`This summons for (name ofindividual and title, ifany)
`
`was received by me on (date)
`
`© I personally served the summonson the individual at (piace)
`
`on (date)
`
`; or
`
`[1 I left the summonsat the individual’s residence or usual place of abode with (name)
`
`on (date)
`
`, and mailed a copy to the individual’s last known address; or
`
`, 2 person of suitable age and discretion whoresidesthere,
`
`O I served the summons on frame ofindividual)
`
`designated by law to accept service of process on behalf of (nameoforganization)
`
`on (date)
`
`; OF
`
`© T returned the summons unexecuted because
`
`O Other(specify):
`
`, Who is
`
`3; or
`
`My fees are $
`
`for travel and $
`
`for services, for a total of $
`
`0.00
`
`.
`
`I declare under penalty of perjury that this informationis true.
`
`Date:
`
`Server's signature
`
`Printed name and title
`
`Server's address
`
`Additional information regarding attempted service, etc:
`
`
`
`

`

`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
`MARCIA PELLITTERI v. TANGLE TEEZER LTD., etal.
`2:22-cv-053 10
`
`ATTACHMENT#1 TO SUMMONS
`
`DEFENDANTS TO BE SERVED:
`
`TANGLE TEEZER LTD
`
`205 Stockwell Rd.
`London, SW9 9SL
`United Kingdom
`
`TANGLE TEEZER, INC
`c/o CSC — Lawyers Incorporating Service
`2710 Gateway Oaks Dr. Ste. 150N
`Sacramento, CA 95833
`
`SHAUN PULFREY
`United Kingdom
`
`

`

`

`

`NAME, ADDRESS, AND TELEPHONE NUMBER OF ATTORNEY({S)
`OR OF PARTY APPEATENG IN PRO PER
`
`PEAR ORM
`
`Gary R. Carlin, CSBN 44945
`301 E. OceanBlvd., Suite 1550
`Long Beach, CA 90802
`562-432-8933
`gary@garycarliniaw.com
`
`
`
`ATTORNEY(S) FOR: Plaintiff, MARCIA PELLITTERI
`
`¥.
`
`Plaintiff(s),
`
`2:22-CV-053 10-RGK-MAA
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`
`CASE NUMBER:
` MARCIA PELLITTERI
`
`
`
`
`CERTIFICATION AND NOTICE
`OF INTERESTED PARTIES
`
`{Local Rule 7.1-1) Defendant(s)
`
`
`TANGLE TEEZERLTD.,etal.
`
`TO:
`
`THE COURT AND ALL PARTIES OF RECORD:
`
`PLAINTIFF, MARCIA PELLITTERI
`The undersigned, counselof record for
`or party appearing in proper, certifies that the followinglisted party (or parties) may have a pecuniary interest in
`the outcomeof this case. These representations are made to enable the Courtto evaluate possible disqualification
`or recusal.
`
`(List the names ofall suchparties and identify their connection and interest. Use additional sheetif necessary.)
`
`PARTY
`
`CONNECTION / INTEREST
`
`MARCIA PELLITTERI
`
`TANGLE TEEZER LTD.
`TANGLE TEEZER,INC. , a Kansas Corporation
`SHAUN PULFREY
`
`PLAINTIFF
`
`DEFENDANT
`DEFENDANT
`DEFENDANT
`
`08/02/2022
`
`Date
`
`Attorneyof recordfor (or nameof party appearingin pro per):
`
`PLAINTIFF, MARCIA PELLITTERI
`
`CV-30 (05/13)
`
`NOTICE GF INTERESTED PARTIES
`
`

`

`NAME, ADDRESS AND TELEPHONE NUMBER OF ATTORNEYS)
`
`LAW OFFICES OF GARY R. CARLIN, APC
`GARY R. CARLIN, CSBN; 44945
`301 E. Ocean Bivd., Suite 1550
`Telephone: (562) 433-8933; gary@garycarlinlaw.com
`
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`
`MARCIA PELLITTERI,
`
`Vv.
`TANGLE TEEZER LTD., a foreign
`corporation; TANGLE TEEZER,INC., a
`Kansas Corporation; Shaun Pulfrey, an
`individual
`
`PLAINTIEF(S),
`
`DEFENDANT(S).
`
`CASE NUMBER
`
`2:22-CV-05310-RGK-MAA
`
`PROOFOF SERVICE - ACKNOWLEDGMENT
`OF SERVICE
`
`
`
`L, the undersigned, certify and declare that I am over the age of 18 years, employed in the County of
`Los Angeles
`, State of California, and nota
`August li, 20.22
`party to the above-entitled cause. On
`, | served a true copy of
`Summons, Complaint, Civil Cover Sheet, Statement of Consent, and Notice of Interested Parties, Proof’ of Service
`by personally delivering it to the person (s) indicated below in the manner as provided in FRCivP 5(b); by
`depositing it in the United States Mail in a sealed envelope with the postage thereon fully prepaid to the following:
`(list names and addresses for person(s) served. Attach additional pages if necessary.)
`
`Place of Mailing: Peter Bucci, Notaro, Michalos, & Zaccaria P.C., 100 Dutch Hill Road, Suite 240, Orangeburg, NY 10962
`Executed on August 11
`, 20_22
`at Long Beach
`, California
`
`Please check one of these boxes if service is made by mail:
`
`[ I hereby certify that 1 am a memberof the Bar of the United States District Court, Central District of
`California.
`Therebycertify that 1 am employedin the office of a memberofthe Bar of this Court at whosedirection the
`service was made.
`(J I hereby certify under the penalty of perjury that the foregoing is true and correct.
`
`
`e ofPerson Making Service
`
`
`ACKNOWLEDGEMENTOF SERVICE
`
`, received a true copy of the within document on
`
`Party Served
`
`I,
`
`Signature
`
`CV-40 (01/00)
`
`PROOFOF SERVICE - ACKNOWLEDGMENTOF SERVICE
`
`

`

`NAME, ADDRESS & TELEPHONE NUMBER OF ATTORNEY(S) OR PRO PER
`
`LAW OFFICES OF GARY R. CARLIN, APC
`GARY R. CARLIN, CSBN:44945
`301 E. Ocean Blvd., Ste. 1550
`Telephone: (562) 433-8933; gary@garycarlinlaw.com
`
`ATTORNEY(S) FOR: Plaintiff Marcia Pellitteri
`
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`
`MARCIA PELLITTERIE,
`
`CASE NUMBER:
`
`
`
`
`
`STATEMENT OF CONSENT TO PROCEED
`TANGLE TEEZER LTD.,a foreign corporation;
`BEFORE A UNITED STATES MAGISTRATE JUDGE
`TANGLE TEEZER, INC., a Kansas Corporation;
`(For use in Direct Assignmentof Civil Cases to Magistrate
`
`Shaun Pulfrey, an individual
`Defendant(s).
`Judges Program Only)
`
`(THIS FORM SHAL