Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
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`ESTTA1169373
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`Filing date:
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`10/30/2021
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`92078037
`
`Party
`
`Correspondence
`Address
`
`Defendant
`JFE Franchising, Inc.
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`JFE FRANCHISING, INC.
`2021 BINGLE RD.
`HOUSTON, TX 77055
`UNITED STATES
`No email provided.
`No phone number provided.
`
`Submission
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`Filer's Name
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`Filer's email
`
`Signature
`
`Date
`
`Attachments
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`Motion to Suspend for Civil Action
`
`L. Jeremy Craft
`
`jcraft@craftchu.com, trademark@craftchu.com
`
`/347/025/
`
`10/30/2021
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`347.025.Motion to Suspend Pending Civial Action.92078037.pdf(139559 bytes )
`Complaint_421CV03571_TXSD.pdf(3390477 bytes )
`
`

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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`FOODKOPOLIS, LLC,
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`v.
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`Petitioner,
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`JFE FRANCHISING, INC.,
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`
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`Registrant.
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`Cancellation No.: 92078037
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`U.S. Registration No.: 5727957
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`Registration Date: Apr. 16, 2019
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`Mark: SUSHIBOX (STYLIZED)
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`MOTION TO SUSPEND PENDING CIVIL ACTION
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`JFE Franchising, Inc. (“Registrant”), by its undersigned counsel, respectfully
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`requests
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`that
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`the Board suspend
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`the above-captioned cancellation proceeding
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`(“Cancellation”), pending the disposition of a civil action recently filed by Registrant against
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`Foodkopolis, LLC (“Petitioner”), as the litigation involves issues and claims in common with
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`the Cancellation. In support of this motion, Registrant, by its undersigned counsel, directs
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`the Board to a copy of the complaint that was filed on October 29, 2021 in the United States
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`District Court for the Southern District of Texas against Petitioner, styled JFE FRANCHISING,
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`INC. v. FOODKOPOLIS, LLC, Civil Action No. 4:21-cv-03571, and which is attached hereto.
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`There are no unusual circumstances in the current Cancellation that would warrant
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`deviation from the Board’s standard practice, which is to “suspend proceedings in the case
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`before it if the final determination of the other proceeding may have a bearing on the issues
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`before the Board.” TBMP 510.02(a).
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`Registrant expects for the civil action to resolve all issues and claims present in the
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`Cancellation. Accordingly, Registrant respectfully requests suspension of the Cancellation
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`pending the final determination of the civil action.
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`1
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`Respectfully submitted,
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`DATE: October 30, 2021
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`
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`By:
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`
`
`
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`L. Jeremy Craft
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`
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`CRAFT CHU PLLC
`1204 Heights Boulevard
`Houston, TX 77008
`Telephone: (713) 802-9144
`Facsimile: (866) 707-7596
`jcraft@craftchu.com
`trademark@craftchu.com
`
`ATTORNEY FOR REGISTRANT
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`2
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`

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`CERTIFICATE OF SERVICE
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`I hereby certify that on October 30, 2021, a true and correct copy of the foregoing
`MOTION TO SUSPEND PENDING CIVIL ACTION was served via email to Petitioner’s counsel
`of record:
`
`Christian Sanchelima
`SANCHELIMA & ASSOCIATES, P.A.
`chris@sanchelima.com
`estevez@sanchelima.com
`paralegal@sanchelima.com
`
`ATTORNEY FOR PETITIONER
`
`L. Jeremy Craft
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`3
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`

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`Case 4:21-cv-03571 Document 1 Filed on 10/29/21 in TXSD Page 1 of 9
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF TEXAS
`HOUSTON DIVISION
`
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`JFE FRANCHISING, INC.,
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`Plaintiff,
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`v.
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`FOODKOPOLIS, LLC,
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`Defendant.
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`§
`§
`§
`§
`§
`§
`§
`§
`§
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`Civil Action No. _______________
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`JURY TRIAL DEMANDED
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`
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`ORIGINAL COMPLAINT FOR TRADEMARK INFRINGEMENT
`AND UNFAIR COMPETITION
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`This is an action for trademark infringement and unfair competition under Section32 and
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`
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`43(a) of the Lanham Act (15 U.S.C. §§1114, 1125(a)) and the common law of the State of Texas.
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`Plaintiff JFE Franchising, Inc. (“JFE”) respectfully brings this action to prevent further confusion
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`and to protect its brand and its SUSHIBOX trademark from further damage caused by the wrongful
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`activities of Defendant Foodkopolis, LLC (“Defendant”).
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`PARTIES
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`
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`1.
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`JFE Franchising, Inc. is a Texas corporation with a place of business at 2021 Bingle
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`Road, Houston, Texas 77055.
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`
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`2.
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`Defendant is believed to be limited liability company organized under the laws of
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`the State of Florida with an address at 2611 North Miami Avenue, Miami, Florida 33137. Upon
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`information and belief, Defendant has appointed Rubino, Gonzalo as its registered agent for
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`service of process, and such agent may be served at 9499 Collins Ave, Apt 804, Surfside, FL 33154
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`JURISDICTION AND VENUE
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`
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`3.
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`This Court has jurisdiction over the subject matter of this action pursuant to 15
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`U.S.C. §1121, and 28 U.S.C. §§1331, 1338(a), 1338(b), and 1367. This Court has supplemental
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`1
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`

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`Case 4:21-cv-03571 Document 1 Filed on 10/29/21 in TXSD Page 2 of 9
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`jurisdiction over JFE’s Texas law claims pursuant to 28 U.S.C. §1367, because those claims are
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`substantially related to JFE’s federal Lanham Act claims.
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`
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`4.
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`Upon information and belief, this Court has personal jurisdiction over Foodkopolis,
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`LLC because it has continuous and systematic contacts with the State of Texas that give rise to the
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`claims in this Action.
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`5.
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`Venue is proper in this District pursuant to 28 U.S.C. §1391.
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`JFE AND ITS DISTINCTIVE SUSHIBOX MARK
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`6.
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`JFE was founded in 2005 and is a leading provider of full-service sushi kiosks in
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`the grocery industry. JFE owns and operates over 1,100 full-service sushi kiosks in 37 states
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`throughout the continental U.S., Hawaii and Alaska. JFE’s products include, among other things,
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`cooked and raw sushi, bento boxes, chef favorites, appetizers, Chinese stuffed dumplings packaged
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`meals consisting primarily of rice or pasta, rice, sauces, seasonings, and party platters. JFE prides
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`itself on and its mission is to provide the highest restaurant quality products and ingredients in all
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`of its products. JFE’s efforts have been wildly successful and JFE’s success is displayed by its
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`partnerships with retail partners such as Kroger, Costco, Fry’s Food and Drug, King Soopers,
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`Sam’s Club, City Market, and Albertsons.
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`
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`7.
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`At least as early as 2017, JFE adopted and used the trademark SUSHIBOX in
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`association with its goods and services. JFE is the owner of United States Trademark Registration
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`No. 5,727,957, filed on November 1, 2018 and registered on April 16, 2019, based on a first use
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`in commerce of 2017. See Exhibit A.
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`
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`8.
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`JFE has marketed itself and its SUSHIBOX brand widely since it adopted the mark
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`in 2017, via both traditional advertising methods and social media. In addition to the strict
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`attention to detail on the quality of its products under the SUSHIBOX trademark, JFE has also
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`2
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`

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`Case 4:21-cv-03571 Document 1 Filed on 10/29/21 in TXSD Page 3 of 9
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`worked hard to create a distinctive and uniform look and feel to its SHUSHIBOX goods and
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`services.
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`9.
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`By virtue of its widespread use of the distinctive SUSHIBOX trademark, JFE has
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`also obtained common law trademark rights to SUSHIBOX pursuant to the laws of the State of
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`Texas.
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`DEFENDANT’S WRONGFUL ACTS
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`
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`10.
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`Upon information and belief, around September 2020, Defendant adopted and used
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`the mark THE SUSHI BOX in association with Asian and Chinese food, including sushi and
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`associated foods. See Exhibit B and C.
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`
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`11.
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`On October 9, 2020, Defendant filed U.S. Trademark Application Serial No.
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`90/244790 for the mark THE SUSHI BOX for Asian and Chinese food in International Class 029.
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`12.
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`Defendant’s trademark application for THE SUSHI BOX was rejected by the
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`United States Patent and Trademark Office based on JFE’s U.S. Trademark Registration for
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`SUSHIBOX under Section 2(d) of the Lanham Act. See Exhibit D.
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`13.
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`Defendant filed a Petition for Cancellation of JFE’s federal trademark registration.
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`JFE, though counsel, will move to suspend that proceeding pending this federal trademark
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`infringement and unfair competition action. Regardless, Defendant’s rejection on the basis of a
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`likelihood of confusion with JFE’s SUSHIBOX trademark establishes Defendant had notice of
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`JFE’s federally registered trademark since at least as early as February 8, 2021. Despite such
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`constructive and actual knowledge of JFE’s federal trademark registration for a legally identical
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`trademark, Defendant, upon information and belief, has continued to use its infringing trademark
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`in association with identical goods and services.
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`3
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`Case 4:21-cv-03571 Document 1 Filed on 10/29/21 in TXSD Page 4 of 9
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`14. Upon information and belief, Defendant has actively promoting its “THE SUSHI
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`BOX” including through its Internet website, and on social media, and other online platforms such
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`as Postmates and Uber Eats.
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`15.
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`By reason of Defendant’s unlawful acts, JFE has suffered and will continue to
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`suffer damage to its business, reputation, goodwill, and the loss of sales and profits it could have
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`realized (along with the same damage and loss to JFE’s franchisees) but for Defendant’s
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`misconduct.
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`16.
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`Upon information and belief, Defendant’s unlawful acts are knowing and willful.
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`To be sure, Defendant has had constructive and actual knowledge of JFE’s rights in and to the
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`SUSHIBOX trademark and JFE’s federal trademark registration because Defendant’s own
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`trademark application was rejected by the USPTO based on a likelihood of confusion with JFE’s
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`registered mark.
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`17.
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`Unless restrained and enjoined by this Court, Defendant will continue to engage in
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`the acts complained of and irreparably damage JFE. JFE’s remedy at law is not adequate to
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`compensate it.
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`COUNT I
`FEDERAL TRADEMARK INFRINGEMENT OF REGISTERED SUSHIBOX MARK
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`JFE repeats and re-alleges each and every allegation contained in the preceding
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`18.
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`
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`paragraphs of this Original Complaint as if fully stated herein.
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`
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`19.
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`Defendant’s unauthorized use in commerce of the SUSHIBOX mark as described
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`herein is likely to cause confusion, mistake, or deception and constitutes trademark infringement
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`in violation of Section 32(1) of the Lanham Act, 15 U.S.C. §1114(1).
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`20.
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`JFE is the owner of United States Trademark Registration No. 5,727,957, filed
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`November 1, 2018, for SUSHIBOX, a printout of which is attached hereto as Exhibit A.
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`4
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`Case 4:21-cv-03571 Document 1 Filed on 10/29/21 in TXSD Page 5 of 9
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`21.
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`The foregoing registration is valid, subsisting, uncancelled, and unrevoked.
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`22.
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`Defendant has used in commerce a reproduction, counterfeit, copy and/or colorable
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`imitation of JFE’s SUSHIBOX mark in connection with the sale, offering for sale, distribution, or
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`advertising of goods and services on or in connection with which such use, and uses by Defendant
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`is likely to cause confusion or to cause mistake or to deceive as to the source or origin of
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`Defendant’s goods and/or services.
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`23.
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`Defendant has infringed JFE’s mark in interstate commerce by various acts,
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`including, without limitation, the selling, offering for sale, promotion and advertising of goods and
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`services under the name THE SUSHI BOX of a type similar to the goods and services offered by
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`JFE and displaying, advertising, and promoting services under the name THE SUSHI BOX.
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`24.
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`Defendant’s use of the name THE SUSHI BOX in connection with its goods and
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`services is without the permission or authority of JFE and said use is likely to cause confusion, to
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`cause mistake, and/or to deceive.
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`25.
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`Upon information and belief, Defendant’s infringing activities have caused, and
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`unless enjoined by this Court, will continue to cause irreparable injury and other damage to JFE’s
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`business, reputation, and goodwill in its federally registered SUSHIBOX trademark. JFE has no
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`adequate remedy at law.
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`COUNT II
`FALSE DESIGNATION OF ORIGIN UNDER 15 U.S.C. §1125(a)
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`JFE repeats and re-alleges each and every allegation contained in the preceding
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`26.
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`paragraphs of this Original Complaint as if fully stated herein.
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`27.
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`Upon information and belief, Defendant has used the designation THE SUSHI
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`BOX in connection with goods and services to advertise and promote its goods and services in
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`U.S. commerce. Such use is a false designation of origin, false or misleading description, and a
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`5
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`

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`Case 4:21-cv-03571 Document 1 Filed on 10/29/21 in TXSD Page 6 of 9
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`representation of fact which is likely to cause confusion and to cause mistake, and to deceive as to
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`the affiliation, connection or association of Defendant with JFE and as to the origin, sponsorship,
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`or approval of Defendant’s goods, services, and commercial activities by JFE.
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`28.
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`Upon information and belief, Defendant’s acts have caused and unless enjoined by
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`this Court will continue to cause, irreparable injury and other damage to JFE’s business, reputation,
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`and goodwill in its federally registered SUSHIBOX trademark. JFE has no adequate remedy at
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`law.
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`COUNT III
`FEDERAL UNFAIR COMPETION
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`JFE repeats and re-alleges each and every allegation contained in the preceding
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`29.
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`paragraphs of this Original Complaint as if fully stated herein.
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`30.
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`The acts of Defendant complained of herein constitute unfair competition,
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`including false designation of origin and false advertising, in violation of Section 43(a) of the
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`Lanham Act, 15 U.S.C. 1125(a).
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`31.
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`Defendant’s acts have caused JFE to sustain monetary damage, loss, or injury, in
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`an amount to be determined at trial.
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`32.
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`Upon information and belief, Defendant engaged in these activities knowingly,
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`willfully, maliciously, and deliberately, so as to justify the assessment of exemplary damages in
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`an amount to be determined at trial.
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`COUNT IV
`COMMON LAW TRADEMARK INFRINGEMENT
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`JFE repeats and re-alleges each and every allegation contained in the preceding
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`33.
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`paragraphs of this Original Complaint as if fully stated herein.
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`6
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`

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`Case 4:21-cv-03571 Document 1 Filed on 10/29/21 in TXSD Page 7 of 9
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`34.
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`The acts and conduct of Defendant, as set forth above in this Original Complaint,
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`constitute trademark infringement under Texas common law.
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`35.
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`Defendant’s conduct as alleged above has caused, and unless enjoined by this
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`Court, will continue to cause irreparable injury and other damage to JFE, its SUSHIBOX
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`trademark, business, reputation, and goodwill. JFE has no adequate remedy at law.
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`COUNT V
`COMMON LAW UNFAIR COMPETITION
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`JFE repeats and re-alleges each and every allegation contained in the preceding
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`36.
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`paragraphs of this Original Complaint as if fully stated herein.
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`37.
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`The acts and wrongful conduct of Defendant, as set forth above in this Original
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`Complaint, constitute unfair competition under Texas common law.
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`38.
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`Defendant’s conduct as alleged above has caused, and unless enjoined by this
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`Court, will continue to cause irreparable injury and other damage to JFE, its SUSHIBOX
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`trademark, business, reputation, and goodwill. JFE has no adequate remedy at law.
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`DEMAND FOR JURY TRIAL
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`
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`Pursuant to Rule 38 of the Federal Rules of Civil Procedure, JFE respectfully requests a
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`trial by jury of all issues so triable by right.
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`PRAYER FOR RELIEF
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`JFE requests that the Court enter judgment in its favor on each and every claim for relief
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`set forth above, and award JFE relief including, but not limited to, the following:
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`A.
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`A preliminary and permanent injunction enjoining Defendant and its employees,
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`agents, officers, directors, shareholders, subsidiaries, related companies, affiliates, distributors,
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`suppliers, and all persons in active concert or participation with them from selling, advertising,
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`7
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`

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`Case 4:21-cv-03571 Document 1 Filed on 10/29/21 in TXSD Page 8 of 9
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`promoting, and distributing any goods or services bearing the SUSHIBOX mark, THE SUSHI
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`BOX mark, or any other mark that is confusingly similar to JFE’s SUSHIBOX trademark;
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`B.
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`An Order requiring Defendant to deliver up for destruction all materials in their
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`possession, custody or control, or in the possession, custody or control of any of its agents or
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`representatives, embodying or displaying the SUSHIBOX mark, THE SUSHI BOX, or any
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`confusingly similar variations thereof, including but not limited to signage, labels, catalogs,
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`advertisements, pictures, promotional materials, and the like;
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`C.
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`An Order requiring Defendant to account for and pay to JFE all profits and unjust
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`gains arising from its unlawful acts alleged herein, and trebling such profits in accordance with 17
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`U.S.C. §1117, and any other applicable law;
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`D.
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`An Order for Defendant to pay for corrective advertising;
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`E.
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`An Order requiring Defendant to pay JFE compensatory damages in an amount as
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`yet undetermined caused by its unlawful acts alleged herein, and trebling such damages in
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`accordance with 17 U.S.C. §1117, and any other applicable law;
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`F.
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`An Order requiring Defendant to pay JFE statutory damages in an amount as yet
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`undetermined caused by its unlawful acts alleged herein, and trebling such damages in accordance
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`with 17 U.S.C. §1117, and any other applicable law;
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`G.
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`An Order requiring Defendant to pay JFE’s costs and attorneys’ fees in this action
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`pursuant to 17 U.S.C. §1117, and any other applicable law;
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`H.
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`pre-judgment interest and post-judgment interest; and
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`I.
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`For such other and further relief as the Court may deem appropriate.
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`Case 4:21-cv-03571 Document 1 Filed on 10/29/21 in TXSD Page 9 of 9
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`Respectfully submitted,
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`
`BEIK LAW FIRM, PLLC
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`/s/Paul S. Beik
`
`Paul S. Beik
`S.D. Tex. ID No.: 642213
`Texas Bar No. 24054444
`8100 Washington Avenue, Suite 1000
`Houston, Texas 77007
`Tel: (713) 869-6975
`Fax: (713) 868-2262
`Email: paul@beiklaw.com
`
`ATTORNEY FOR PLAINTIFF
`JFE FRANCHISING, INC.
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`9
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`JS 44 (Rev. 04/21)
`
`Case 4:21-cv-03571 Document 1-5 Filed on 10/29/21 in TXSD Page 1 of 2
`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
`
`JFE FRANCHISING, INC.
`
`FOODKOPOLIS, LLC
`
`(b) County of Residence of First Listed Plaintiff
`HARRIS
`(EXCEPT IN U.S. PLAINTIFF CASES)
`
`MIAMI-DADE
`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:
`
`(c) Attorneys (Firm Name, Address, and Telephone Number)
`
`Attorneys (If Known)
`
`Paul S. Beik, Beik Law Firm, PLLC, 8100 Washington
`Ave. STE 1000, Houston, TX 77007 (713) 869-6975
`
`II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
`
`3 Federal Question
`(U.S. Government Not a Party)
`
`Citizen of This State
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
`and One Box for Defendant)
`(For Diversity Cases Only)
`PTF
`PTF
`1
`
`DEF
`1
`
`Incorporated or Principal Place
`of Business In This State
`
`DEF
`4
`
`4
`
`4 Diversity
`(Indicate Citizenship of Parties in Item III)
`
`Citizen of Another State
`
`✖ ✖
`
`1 U.S. Government
`Plaintiff
`
`2 U.S. Government
`Defendant
`
`110 Insurance
`120 Marine
`130 Miller Act
`140 Negotiable Instrument
`150 Recovery of Overpayment
`& Enforcement of Judgment
`151 Medicare Act
`152 Recovery of Defaulted
`Student Loans
`(Excludes Veterans)
`153 Recovery of Overpayment
`of Veteran’s Benefits
`160 Stockholders’ Suits
`190 Other Contract
`195 Contract Product Liability
`196 Franchise
`
`REAL PROPERTY
`210 Land Condemnation
`220 Foreclosure
`230 Rent Lease & Ejectment
`240 Torts to Land
`245 Tort Product Liability
`290 All Other Real Property
`
`IV. NATURE OF SUIT (Place an “X” in One Box Only)
`CONTRACT
`TORTS
`
`PERSONAL INJURY
`310 Airplane
`315 Airplane Product
`Liability
`320 Assault, Libel &
`Slander
`330 Federal Employers’
`Liability
`340 Marine
`345 Marine Product
`Liability
`350 Motor Vehicle
`355 Motor Vehicle
`Product Liability
`360 Other Personal
`Injury
`362 Personal Injury -
`Medical Malpractice
`CIVIL RIGHTS
`440 Other Civil Rights
`441 Voting
`442 Employment
`443 Housing/
`Accommodations
`445 Amer. w/Disabilities -
`Employment
`446 Amer. w/Disabilities -
`Other
`448 Education
`
`PERSONAL INJURY
`365 Personal Injury -
`Product Liability
`367 Health Care/
`Pharmaceutical
`Personal Injury
`Product Liability
`368 Asbestos Personal
`Injury Product
`Liability
`PERSONAL PROPERTY
`370 Other Fraud
`371 Truth in Lending
`380 Other Personal
`Property Damage
`385 Property Damage
`Product Liability
`
`PRISONER PETITIONS
`Habeas Corpus:
`463 Alien Detainee
`510 Motions to Vacate
`Sentence
`530 General
`535 Death Penalty
`Other:
`540 Mandamus & Other
`550 Civil Rights
`555 Prison Condition
`560 Civil Detainee -
`Conditions of
`Confinement
`
`Citizen or Subject of a
`Foreign Country
`
`FORFEITURE/PENALTY
`
`625 Drug Related Seizure
`of Property 21 USC 881
`690 Other
`
`LABOR
`710 Fair Labor Standards
`Act
`720 Labor/Management
`Relations
`740 Railway Labor Act
`751 Family and Medical
`Leave Act
`790 Other Labor Litigation
`791 Employee Retirement
`Income Security Act
`
`IMMIGRATION
`462 Naturalization Application
`465 Other Immigration
`Actions
`
`2
`
`3
`
`2
`
`Incorporated and Principal Place
`of Business In Another State
`
`3
`
`Foreign Nation
`
`5
`
`6
`
`5
`
`6
`
`Click here for: Nature of Suit Code Descriptions.
`BANKRUPTCY
`OTHER STATUTES
`
`422 Appeal 28 USC 158
`423 Withdrawal
`28 USC 157
`
`INTELLECTUAL
`PROPERTY RIGHTS
`
`820 Copyrights
`830 Patent
`835 Patent - Abbreviated
`New Drug Application
`840 Trademark
`880 Defend Trade Secrets
`Act of 2016
`
`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
`
`375 False Claims Act
`376 Qui Tam (31 USC
`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
`
`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)
`
`6 Multidistrict
`Litigation -
`Transfer
`
`8 Multidistrict
`Litigation -
`Direct File
`
`✖ ✖
`
`VI. CAUSE OF ACTION
`
`Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
`15 U.S.C. §§ 1114 & 1125(a)
`
`Brief description of cause:
`TRADEMARK INFRINGEMENT
`
`VII. REQUESTED IN
`COMPLAINT:
`
`CHECK IF THIS IS A CLASS ACTION
`UNDER RULE 23, F.R.Cv.P.
`
`DEMAND $
`
`CHECK YES only if demanded in complaint:
`
`JURY DEMAND:
`
`Yes
`
`No
`
`VIII. RELATED CASE(S)
` IF ANY
`
`(See instructions):
`
`JUDGE
`
`DOCKET NUMBER
`
`DATE
`
`10/29/21
`
`FOR OFFICE USE ONLY
`
`SIGNATURE OF ATTORNEY OF RECORD
`
`/s/Paul S. Beik
`
`RECEIPT #
`
`AMOUNT
`
`APPLYING IFP
`
`JUDGE
`
`MAG. JUDGE
`
`

`

`Case 4:21-cv-03571 Document 1-5 Filed on 10/29/21 in TXSD Page 2 of 2
`JS 44 Reverse (Rev. 04/21)
`
`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 statute.
`
`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 Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
`
`VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
`numbers and the corresponding judge names for such cases.
`
`Date and Attorney Signature. Date and sign the civil cover sheet.
`
`