Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1062314
`
`Filing date:
`
`06/16/2020
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`92074266
`
`Party
`
`Correspondence
`Address
`
`Defendant
`Mad Italian Pizza LLC
`
`NATHAN P SUEDMEYER
`LARSON & LARSON PA
`11199 69TH STREET NORTH
`LARGO, FL 33773
`UNITED STATES
`nathan@larsonpatentlaw.com, anona@larsonpatentlaw.com
`727-546-0660
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Other Motions/Papers
`
`Nathan P Suedmeyer
`
`nathan@larsonpatentlaw.com
`
`/Nathan P Suedmeyer/
`
`06/16/2020
`
`Notice of Pending Action.pdf(112149 bytes )
`DE 1 - Complaint.pdf(348081 bytes )
`DE 1-1 - Exhibit 1 - TM Registration.pdf(186351 bytes )
`DE 1-2 - Exhibit 2 - Sunbiz.pdf(143922 bytes )
`DE 1-3 - Exhibit 3 - Website.pdf(356985 bytes )
`DE 1-4 - Civil Cover Sheet.pdf(383203 bytes )
`
`

`

`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`Peja Inc.,
`
`Cancellation No.: 92074266
`
`Petitioner,
`
`v.
`
`Mad Italian Pizza LLC,
`
`Respondent.
`
`
`
`
`
`
`
`
`Mark:
`
`
`
`Registration No. 5575238
`
`Registration Date: October 2, 2018
`
`
`
`NOTICE OF PENDING ACTION
`
`Pursuant to the Board’s Notice of Trial Schedule dated May 20, 2020,
`
`Respondent files this document to notify the Board of the following civil action
`
`involving the same mark:
`
`Mad Italian Pizza LLC v. Two Boys LLC.
`Case No. 8:20-cv-01369-SDM-JSS
`Grounds: Trademark Infringement.
`
`A copy of the complaint, exhibits 1–3, and civil cover sheet are attached.
`
`Respectfully submitted,
`
`s/ Nathan P. Suedmeyer /
`Nathan P. Suedmeyer, Esq.
`
`LARSON & LARSON, P.A.
`11199 69th Street North
`Largo, FL 33773
`nathan@larsonpatentlaw.com
`Phone: (727) 546-0660
`Attorney for Respondent
`
`
`
`
`
`
`
`

`

`
`
`CERTIFICATE OF FILING AND SERVICE
`
`I hereby certify that on June 16, 2020, I electronically filed this document with
`
`the Board by using the ESTTA system, and emailed a copy to:
`
`Steven M. Forte
`Smith & Hopen, PA
`180 Pine Avenue North
`Oldsmar, FL 34677
`United States
`trademarks@smithhopen.com, steven.forte@smithhopen.com
`Phone: 813-925-8505
`
`
`s/ Nathan P. Suedmeyer /
`Nathan P. Suedmeyer, Esq.
`
`
`
`
`2
`
`

`

`Case 8:20-cv-01369 Document 1 Filed 06/14/20 Page 1 of 9 PageID 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE MIDDLE DISTRICT OF FLORIDA
`TAMPA DIVISION
`
`
`
`
`
`Mad Italian Pizza LLC d/b/a
`Slice of Life Pizzeria,
`
`
`
`
`
`
`v.
`
`
`Plaintiff,
`
`
`
`Two Boys LLC,
`
`
`
`
`
`
`
`Defendant.
`
`
`
`
`Case No. 8:20-cv-01369
`
`
`Demand for Jury Trial
` Injunctive Relief Sought
`
`
`
`
`
`
`COMPLAINT
`INJUNCTIVE RELIEF SOUGHT AND DEMAND FOR JURY TRIAL
`
`Plaintiff Mad Italian Pizza LLC d/b/a Slice of Life Pizzeria files this
`
`Complaint against Defendant Two Boys LLC and alleges the following:
`
`NATURE OF THE ACTION
`
` This is an action for trademark infringement against Two Boys in violation
`
`of Section 32 of the Lanham Act, 15 U.S.C. § 1114, for unlawfully using in
`
`commerce a reproduction, copy, or colorable imitation of U.S. Trademark
`Reg. No. 5575238 (the “Slice of Life trademark” or the “‘238 Registration”)
`
`owned by Plaintiff:
`
`
`
`
`
`
`
`

`

`Case 8:20-cv-01369 Document 1 Filed 06/14/20 Page 2 of 9 PageID 2
`
` The Slice of Life trademark registered on October 2, 2018, is valid and
`
`enforceable, and is used by Plaintiff in conjunction with its restaurant
`services. A copy of the ‘238 Registration is attached as Exhibit 1.
`
`PARTIES
`
` Plaintiff is a Florida limited liability company with a principal place of
`
`business located at 9123 Little Road, New Port Richey, Florida 34654.
`
` Defendant is operating its restaurant at 7375 Commercial Way, Weeki
`
`Wachee, Florida 34613.
`
` According to the records of the Florida Department of State, Division of
`
`Corporations, Defendant has a principal address of 2600 Marietta Ave.,
`
`Spring Hill, FL 34608. See Exhibit 2.
`
`JURISDICTION AND VENUE
`
` This Court has original jurisdiction over this action pursuant to 28
`
`U.S.C. §§ 1331, 1338(a) as a federal question arising under the laws of the
`
`United States, which includes the Lanham Act, 15 U.S.C. § 1051, et seq.
` Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b) –
`
`(c) because Defendant resides and operates its business in this judicial
`
`district.
`
` This Court has personal jurisdiction over Defendant because Defendant
`
`resides in and provides restaurant services in this judicial district.
`
`FACTS COMMON TO ALL COUNTS
`
` Plaintiff is a pizza restaurant in New Port Richey, Florida.
`
`
`
`
`
`2
`
`

`

`Case 8:20-cv-01369 Document 1 Filed 06/14/20 Page 3 of 9 PageID 3
`
` Since at least as early as March 14, 2016, Plaintiff has used the Slice of Life
`
`trademark in commerce in connection with its restaurant services.
`
` Plaintiff is the owner of all rights in the Slice of Life trademark.
`
` Plaintiff has invested substantial time, effort, resources, and expenditures
`
`into advertising its restaurant services under the Slice of Life trademark.
`
` Plaintiff has developed and acquired significant consumer recognition,
`
`goodwill, and business reputation in relation to its use of the Slice of Life
`
`trademark and the registration thereof.
`
` Defendant is a pizza restaurant in Weeki Wachee, Florida that is in direct
`
`competition with Plaintiff.
` Defendant was formed on October 5, 2019, subsequent to Plaintiff’s
`
`constructive and actual dates of first use of the Slice of Life trademark. See
`
`Exhibit 2 (showing effective date of formation).
` Defendant uses the following designation (“Two Boys logo”) in conjunction
`
`with its pizza restaurant services (See Exhibit 3, showing use of the Two
`Boys logo on Defendant’s website):
`
` A side-by-side comparison of the Slice of Life Trademark and the Two Boys
`
`logo show that the marks are nearly identical and confusingly similar.
`
`
`
`
`
`
`
`3
`
`

`

`Case 8:20-cv-01369 Document 1 Filed 06/14/20 Page 4 of 9 PageID 4
`
`
`
` Defendant’s use of the Two Boys logo infringes Plaintiff’s rights in the Slice
`
`of Life trademark and registration thereof.
` Defendant’s use of the Two Boys logo is without authority from Plaintiff,
`and is in contravention of Plaintiff’s sole and exclusive rights in the use of
`
`the Slice of Life trademark and registration thereof.
` Defendant’s adoption and use of the infringing Two Boys logo is with
`constructive knowledge of Plaintiff’s superior rights in the Slice of Life
`trademark by reason of Plaintiff’s federal trademark registration, U.S.
`
`Trademark Reg. No. 5575238.
` Defendant has actual knowledge of Plaintiff’s superior rights in the Slice of
`
`Life trademark and registration.
`
` Defendant has willfully traded upon, without authority, the substantial
`
`goodwill, reputation, and recognition that Plaintiff has developed and
`
`acquired among consumers in connection with the Slice of Life trademark.
` Defendant’s use of the infringing Two Boys logo is likely to cause actual
`
`confusion and results in a likelihood of confusion regarding the source of the
`
`
`
`
`
`4
`
`

`

`Case 8:20-cv-01369 Document 1 Filed 06/14/20 Page 5 of 9 PageID 5
`
`pizza restaurant services, as well as a likelihood of whether Defendant is
`
`endorsed by, sponsored by, or is otherwise associated with Plaintiff.
` As a result of Defendant’s willful and unauthorized use of the infringing
`
`Two Boys logo, Defendant is misrepresenting the restaurant services as
`
`provided or endorsed by Plaintiff, or that Defendant is otherwise associated
`
`with Plaintiff.
` Defendant’s willful and unauthorized use of the Two Boys logo causes a
`
`likelihood of confusion among relevant consumers, who may erroneously
`
`believe that Plaintiff has endorsed, granted authority to, or is otherwise
`
`associated with Defendant.
` As a result of Defendant’s willful and unauthorized use of the infringing
`
`Two Boys logo, Plaintiff has been injured and damaged.
` Plaintiff seeks damages arising from Defendant’s unlawful conduct and
`seeks a permanent injunction precluding Defendant’s use of the Two Boys
`
`logo for restaurant services marketed and provided in the United States.
`
`COUNT I
`
`Trademark Infringement under 15 U.S.C. § 1114
`
` Plaintiff repeats and realleges paragraphs 1 – 27 above, as if fully set forth
`
`herein.
`
` This is a claim for trademark infringement that arises under the trademark
`laws of the United States, 15 U.S.C. §§ 1114 – 1118.
`
` Plaintiff is the owner of the Slice of Life trademark for restaurant services.
`
`
`
`
`
`5
`
`

`

`Case 8:20-cv-01369 Document 1 Filed 06/14/20 Page 6 of 9 PageID 6
`
` Plaintiff’s use of the Slice of Life trademark has been continuous and not
`been abandoned from a date long before Defendant’s date of first use.
`
` Use in commerce of the Slice of Life trademark by Plaintiff is prior to any
`
`use of the Two Boys logo by Defendant.
` Plaintiff’s registration of the Slice of Life trademark on the Principal
`
`Register constitutes prima facie evidence of the validity of the mark, the
`trademark registration, and Plaintiff’s exclusive right to use the Slice of Life
`
`trademark in commerce for restaurant services.
` Plaintiff’s rights in the Slice of Life trademark are entitled to the full
`
`protection afforded to the federal registration of the Slice of Life trademark.
` The Slice of Life trademark distinguishes Plaintiff’s restaurant services
`
`from the services of others.
`
` The Two Boys logo used by Defendant is nearly identical in sound,
`
`appearance, connotation, and commercial impression to the Slice of Life
`
`trademark, and confusingly similar thereto, all of which damages Plaintiff,
`
`its goodwill, the Slice of Life trademark, and the registration thereof.
` The restaurant services provided by Defendant are identical to Plaintiff’s
`
`restaurant services.
`
` The Two Boys logo used by Defendant so resembles the Slice of Life
`
`trademark that it is likely to cause confusion, to cause mistake, or to deceive
`
`as to the source of the restaurant services, and thereby damages Plaintiff.
` The likelihood of confusion resulting from Defendant’s use of the Two Boys
`
`logo for restaurant services causes financial harm to Plaintiff in an amount
`
`to be proved at trial.
`
`
`
`
`
`6
`
`

`

`Case 8:20-cv-01369 Document 1 Filed 06/14/20 Page 7 of 9 PageID 7
`
` The likelihood of confusion resulting from Defendant’s use of the Two Boys
`
`logo for restaurant services further causes irreparable harm to Plaintiff by
`
`way of negative goodwill in that customers may erroneously believe that
`
`Defendant is associated with Plaintiff regardless of the quality of
`Defendant’s services.
`
` Unless this Court restrains Defendant from further infringing conduct,
`
`Plaintiff will continue to suffer irreparable harm, for which there is no
`
`adequate remedy at law.
`
` The balance of the hardships between Plaintiff and the Defendant warrants
`
`a remedy in equity, in the form of an issuance of a permanent injunction
`
`enjoining Defendant from using the Two Boys logo for restaurant services.
` Defendant’s unlawful conduct as alleged herein is contrary to the public
`
`interest.
`
`DEMAND FOR JURY TRIAL
`
`Plaintiff demands a trial by jury on all issues so triable.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff prays for judgment in its favor and against
`
`Defendant as follows:
`
` Entering an Order of permanent injunction under 15 U.S.C.
`
`§ 1116 enjoining Defendant from infringing the Slice of Life
`
`trademark;
`
` Awarding Plaintiff judgment against Defendant under 15
`
`U.S.C. § 1117, for the damages sustained by Plaintiff as proved at
`
`trial, the profits Defendant has wrongfully derived as a result of
`
`
`
`
`
`7
`
`

`

`Case 8:20-cv-01369 Document 1 Filed 06/14/20 Page 8 of 9 PageID 8
`
`its infringement of Plaintiff’s trademark and registration thereof,
`and Plaintiff’s costs incurred in connection with this action;
`
` An Order finding this an exceptional case and awarding Plaintiff
`its attorney’s fees incurred in connection with this action pursuant
`
`to 15 U.S.C. § 1117; and
`
` Awarding Plaintiff such other and further relief as the Court may
`
`
`
`deem just and proper.
`
`
`
`
`
`
`8
`
`

`

`(cid:16)(cid:27)(cid:21)(cid:29)(cid:20)(cid:24)(cid:23)(cid:26)(cid:1)(cid:17)(cid:26)(cid:30)(cid:22)(cid:25)(cid:27)(cid:28)(cid:22)(cid:1)(cid:19)(cid:16)(cid:12)(cid:1)(cid:18)(cid:6)(cid:9)(cid:3)(cid:6)(cid:4)(cid:18)(cid:13)(cid:2)(cid:4)(cid:15)(cid:6)(cid:3)(cid:2)(cid:6)(cid:18)(cid:16)(cid:9)(cid:2)(cid:10)(cid:3)(cid:6)(cid:7)(cid:2)(cid:13)(cid:10)(cid:4)(cid:5)(cid:8)(cid:14)(cid:17)(cid:15)(cid:9)(cid:6)(cid:11)(cid:15)
`Case 8:20-cv-01369 Document 1 Filed 06/14/20 Page 9 of 9 PageID 9
`
`VERIFICATION
`
`I, Jill C. Tarbox, declare as follows:
`
`1. I am a managing member of Plaintiff Mad Italian Pizza LLC d/b/a Slice
`
`of Life Pizzeria.
`
`2. I have personal knowledge of all facts alleged in this complaint;
`
`3. I have read the foregoing Complaint and acknowledge the facts and
`
`allegations thereof are accurate.
`
`4. I declare under penalty of perjury under 18 U.S.C. § 1623, that the
`
`factual statements in this Complaint are true and correct.
`
`(cid:5)(cid:1)(cid:3)(cid:3)(cid:1)(cid:4)(cid:2)(cid:4)(cid:2)
`Executed on ________________.
`
`
`
`____________________________
`Jill C. Tarbox, Managing Member
`Mad Italian Pizza LLC d/b/a Slice of Life Pizzeria
`
`
`
`Respectfully submitted,
`
`s/ Nathan P. Suedmeyer
`Nathan P. Suedmeyer, Esq.
`Fla. Bar # 0070787
`nathan@larsonpatentlaw.com
`
`Herbert W. Larson, Esq.
`Fla. Bar # 969930
`bill@larsonpatentlaw.com
`
`Larson & Larson, P.A.
`11199 69th Street
`Largo, FL 33773
`(727)-546-0660 tele
`Trial Counsel for Plaintiff
`
`
`
`
`
`9
`
`

`

`Case 8:20-cv-01369 Document 1-1 Filed 06/14/20 Page 1 of 3 PageID 10
`Case 8:20-cv-01369 Document 1-1 Filed 06/14/20 Page 1 of 3 PageID 10
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT 1
`EXHIBIT 1
`
`

`

`Case 8:20-cv-01369 Document 1-1 Filed 06/14/20 Page 2 of 3 PageID 11
`
`Reg. No. 5,575,238
`
`Registered Oct. 02, 2018
`
`MAD ITALIAN PIZZA, LLC  (FLORIDA LIMITED LIABILITY COMPANY)
`9123 Little Road
`New Port Richey, FLORIDA 34654
`
`Int. Cl.: 43
`
`Service Mark
`
`Principal Register
`
`CLASS 43: Restaurant services
`
`FIRST USE 3-14-2016; IN COMMERCE 3-14-2016
`
`The color(s) yellow, orange, black, red, gray, white, and tan is/are claimed as a feature of the
`mark.
`
`The mark consists of the words "The Original" in yellow font with black outlining appearing
`to the upper left of a pizza and pizza slice design with a pizza slice separated from the pizza
`positioned on top of a gray pan, the pizza comprised of red pepperoni, orange cheese, and tan
`crust with red and yellow with black outlining curly design elements appearing in the upper
`half and lower half of the pizza design with the wording "SLICE OF LIFE" in gray and white
`font with black outlining appearing in the middle of the pizza design with the word "Pizzeria"
`underneath the pizza design in black font with white outlining.
`
`No claim is made to the exclusive right to use the following apart from the mark as shown:
`"ORIGINAL" AND "PIZZERIA"
`
`SER. NO. 87-808,590, FILED 02-23-2018
`
`

`

`Case 8:20-cv-01369 Document 1-1 Filed 06/14/20 Page 3 of 3 PageID 12
`
`REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION
`
`WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE
`DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
`
`Requirements in the First Ten  Years*
`What and When to File:
`
`First Filing Deadline:  You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
`
`years after the registration date.
`
` See 15 U.S.C. §§1058, 1141k.
`
` If the declaration is accepted, the
`
`registration will continue in force for the remainder of the ten-year period, calculated from the registration
`
`date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
`
`Second Filing Deadline:  You must file a Declaration of Use (or Excusable Nonuse) and an Application
`
`for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.
`
`Requirements in Successive Ten-Year Periods*
`What and When to File:
`
` and  an  Application for Renewal
`You must file a Declaration of Use (or Excusable Nonuse)
`between every 9th and 10th-year period, calculated from the registration date.*
`
`Grace Period Filings*
`
`The above documents will be accepted as timely if filed within six months after the deadlines listed above with
`the payment of an additional fee.
`
`*ATTENTION MADRID PROTOCOL REGISTRANTS:  The holder of an international registration with an
`extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use
`(or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO).
`The time periods for filing are based on the U.S. registration date (not the international registration date).  The
`deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for
`nationally issued registrations.  See 15 U.S.C. §§1058, 1141k.  However, owners of international registrations
`do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying
`international registration at the International Bureau of the  World Intellectual Property Organization, under
`Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the
`date of the international registration.  See 15 U.S.C. §1141j.  For more information and renewal forms for the
`international registration, see http://www.wipo.int/madrid/en/.
`
`NOTE:  Fees and requirements for maintaining registrations are subject to change.  Please check the
`USPTO website for further information.
` With the exception of renewal applications for registered
`extensions of protection, you can file the registration maintenance documents referenced above online at h
`ttp://www.uspto.gov.
`
`NOTE:  A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
`owners/holders who authorize e-mail communication and maintain a current e-mail address with the
`USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
`Electronic  Application System (TEAS) Correspondence  Address and Change of Owner  Address Forms
`available at http://www.uspto.gov.
`
`Page: 2 of 2 / RN # 5575238
`
`

`

`Case 8:20-cv-01369 Document 1-2 Filed 06/14/20 Page 1 of 3 PageID 13
`Case 8:20-cv-01369 Document 1-2 Filed 06/14/20 Page 1 of 3 PageID 13
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT 2
`EXHIBIT 2
`
`

`

`6/8/2020
`
`Florida Department of State
`
`Detail by Entity Name
`Case 8:20-cv-01369 Document 1-2 Filed 06/14/20 Page 2 of 3 PageID 14
`D(cid:3473)(cid:3486)(cid:3473)(cid:3483)(cid:3473)(cid:3479)(cid:3478) (cid:3479)(cid:3470) C(cid:3479)(cid:3482)(cid:3480)(cid:3479)(cid:3482)(cid:3465)(cid:3484)(cid:3473)(cid:3479)(cid:3478)(cid:3483)
`
`Department of State / Division of Corporations / Search Records / Search by Entity Name /
`
`L19000255211
`NONE
`10/10/2019
`10/05/2019
`FL
`ACTIVE
`
`Detail by Entity Name
`Florida Limited Liability Company
`TWO BOYS, LLC
`Filing Information
`Document Number
`FEI/EIN Number
`Date Filed
`Effective Date
`State
`Status
`Principal Address
`2600 MARIETTA AVE
`SPRING HILL, FL 34608
`Mailing Address
`2600 MARIETTA AVE
`SPRING HILL, FL 34608
`Registered Agent Name & Address
`MULAJ, NYSRET
`2600 MARIETTA AVE
`SPRING HILL, FL 34608
`Authorized Person(s) Detail
`Name & Address
`
`Title MGR
`
`MULAJ, AZIZ
`2260 MARIETTA AVE
`SPRING HILL, FL 34608
`
`Annual Reports
`No Annual Reports Filed
`
`Document Images
`
`10/10/2019 -- Florida Limited Liability
`
`View image in PDF format
`
`search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=TWOBOYS L190… 1/2
`
`

`

`6/8/2020
`
`Detail by Entity Name
`Case 8:20-cv-01369 Document 1-2 Filed 06/14/20 Page 3 of 3 PageID 15
`
`Florida Department of State, Division of Corporations
`
`search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=TWOBOYS L190… 2/2
`
`

`

`Case 8:20-cv-01369 Document 1-3 Filed 06/14/20 Page 1 of 3 PageID 16
`Case 8:20-cv-01369 Document 1-3 Filed 06/14/20 Page 1 of 3 PageID 16
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT 3
`EXHIBIT 3
`
`

`

`6/9/2020
`
`Slice of Life Two Pizza
`Case 8:20-cv-01369 Document 1-3 Filed 06/14/20 Page 2 of 3 PageID 17
`(352) 835-7903 (Mainline) | (352) 340-4105 | (352) 556-3803 | (352) 835-7914
`7375 Commercial Way. Weeki Wac
`
`HOME
`
`
`
`ABOUT US
`
`
`
`MENU
`
`
`
`CONTACT US
`
`
`
`CATERING
`
`DINE IN – TAKE OUT – DELIVERY $3.00
`
`GRAB A SLICE OF LIFE!
`We use the freshest ingredients we can find and perpare them daily!
`We make it like you would – Homemade.
`(352) 835-7903 (Mainline)
`(352) 340-4105
`(352) 556-3803
`(352) 835-7914
`
`sliceoflifetwopizza.com
`
`1/2
`
`

`

`6/9/2020
`
`Slice of Life Two Pizza
`Case 8:20-cv-01369 Document 1-3 Filed 06/14/20 Page 3 of 3 PageID 18
`
`7375 Commercial Way, Weeki Wachee, FL
`34613
`CLOSED MONDAY
`Open Sunday: 11am – 9pm
`Tuesday – Thursday: 11am – 9pm
`Friday – Saturday: 11am – 10pm
`
`Slice of Life Two Pizzeria
`
`Navigation
`
`(352) 835-7903
`(Mainline)
`(352) 340-4105
`(352) 556-3803
`(352) 835-7914
`
`7375 Commercial Way,
`Weeki Wachee, FL
`34613
`
`Home
`
`About Us
`
`Menu
`
`Contact Us
`
`Catering
`
`© Copyright - Slice of Life Two Pizza™ Web Development by
`
`sliceoflifetwopizza.com
`
`2/2
`
`

`

`JS 44 (Rev. 09/19)
`
`Case 8:20-cv-01369 Document 1-4 Filed 06/14/20 Page 1 of 2 PageID 19
` 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
`DEFENDANTS
`
`Mad Italian Pizza LLC d/b/a
`Slice of Life Pizzeria
`(b) County of Residence of First Listed Plaintiff
`
`Pasco
`(EXCEPT IN U.S. PLAINTIFF CASES)
`
`(c) Attorneys (Firm Name, Address, and Telephone Number)
`Larson & Larson, P.A.
`11199 69th St. N., Largo, FL 33773
`727-546-0660
`II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
`’ 1 U.S. Government
`’ 3 Federal Question
`Plaintiff
`(U.S. Government Not a Party)
`
`
`Two Boys LLC
`
`NOTE:
`
`County of Residence of First Listed Defendant
`Hernando
`(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
`
`Citizen or Subject of a
` Foreign Country
`
`’ 3
`
`’ 3
`
`Foreign Nation
`
`’ 5
`
`’ 5
`
`’ 6
`
`’ 6
`
`IV. NATURE OF SUIT (Place an “X” in One Box Only)
`CONTRACT
`TORTS
` PERSONAL INJURY
` PERSONAL INJURY
`’ 110 Insurance
`’ 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
` PERSONAL PROPERTY
`’ 153 Recovery of Overpayment
` Liability
`LABOR
`’ 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
` PRISONER PETITIONS ’ 790 Other Labor Litigation
` CIVIL RIGHTS
`’ 791 Employee Retirement
`’ 440 Other Civil Rights
`Habeas Corpus:
`’ 463 Alien Detainee
` Income Security Act
`’ 441 Voting
`’ 510 Motions to Vacate
`’ 442 Employment
` Sentence
`’ 443 Housing/
`’ 530 General
` Accommodations
`’ 445 Amer. w/Disabilities - ’ 535 Death Penalty
` Employment
`Other:
`’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other
` Other
`’ 550 Civil Rights
`’ 448 Education
`’ 555 Prison Condition
`’ 560 Civil Detainee -
` Conditions of
` Confinement
`
`Click here for: Nature of Suit Code Descriptions.
`BANKRUPTCY
`OTHER STATUTES
`FORFEITURE/PENALTY
`’ 422 Appeal 28 USC 158
`’ 375 False Claims Act
`’ 625 Drug Related Seizure
` of Property 21 USC 881 ’ 423 Withdrawal
`’ 376 Qui Tam (31 USC
`’ 690 Other
` 28 USC 157
` 3729(a))
`’ 400 State Reapportionment
`’ 410 Antitrust
`’ 430 Banks and Banking
`’ 450 Commerce
`’ 460 Deportation
`’ 470 Racketeer Influenced and
` Corrupt Organizations
`’ 480 Consumer Credit
` (15 USC 1681 or 1692)
`’ 485 Telephone Consumer
` Protection Act
`’ 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
`’ 835 Patent - Abbreviated
` New Drug Application
`’ 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
`
`’ 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. § 1114
`
`Brief description of cause:
`Trademark Infringement in violation of Section 32 of the Lanham Act
`DEMAND $
`’ CHECK IF THIS IS A CLASS ACTION
`UNDER RULE 23, F.R.Cv.P.
`
`’ 6 Multidistrict
`Litigation -
`Transfer
`
`’ 8 Multidistrict
` Litigation -
` Direct File
`
`CHECK YES only if demanded in complaint:
`’ Yes
`’ No
`JURY DEMAND:
`
`(See instructions):
`
`JUDGE
`SIGNATURE OF ATTORNEY OF RECORD
`s/ Nathan P. Suedmeyer
`
`DOCKET NUMBER
`
`RECEIPT #
`
`AMOUNT
`
`APPLYING IFP
`
`JUDGE
`
`MAG. JUDGE
`
`VI. CAUSE OF ACTION
`
`VII. REQUESTED IN
` COMPLAINT:
`VIII. RELATED CASE(S)
` IF ANY
`DATE
`06/14/2020
`FOR OFFICE USE ONLY
`
`

`

`JS 44 Reverse (Rev. 09/19)
`
`Case 8:20-cv-01369 Document 1-4 Filed 06/14/20 Page 2 of 2 PageID 20
`
`INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
`Authority For Civil Cover Sheet
`
`The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading 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. Consequently, a civil cover sheet is submitted to the Clerk of
`Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
`
`I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
`only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
`then the official, giving both name and title.
` (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
`time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
`condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
` (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
`in this section "(see attachment)".
`
`II.
`
`Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
`in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
`United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
`United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
`Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
`to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
`precedence, and box 1 or 2 should be marked.
`Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
`citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
`cases.)
`
`III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
`section for each principal party.
`
`IV.
`
`V.
`
`Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
`that is most applicable. Click here for: Nature of Suit Code Descriptions.
`
`Origin. Place an "X" in one of the seven boxes.
`Original Proceedings. (1) Cases which originate in the United States district courts.
`Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
`Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
`date.
`Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
`Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
`multidistrict litigation transfers.
`Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
`Section 1407.
`Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
`PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
`changes in statue.
`
`VI.
`
`Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
`statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
`
`VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
`Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
`Jury