Gommissionevlof Patents and Trademarks
`W8$h|I1lll0n.D-C-2°23‘
`
`1
`
`"
`
`""“’i‘
`
`FILING OR DETERM|NAT|0N OF AN
`ACTION REGARDING A PATENT
`
`35”-503 "39
`
`REPORT on THE
`
`35 U.S.C. 290) you are hereby advised
`In compliance with the Act
`that a court action has been filed on the following -patent(s) in the U.S. District Court:
`DOCKET NO.
`DATE FILED
`u.s. DISTRICT couwr
`95-120-CIV—ORL-19
`February 8, 1995 Middle District of Florida/Orlando Division
`PLAINTIFF
`DEFENDANT
`
`Glen Raven Mills, Inc.
`
`Jason Natural Products, Inc.
`
`
`
`""""""'_.
`
`In the above-entitled case, the following patent(s) have been included:
`DATE INCLUDED
`INCLUDED av
`
`El Amendment
`
`El Answer
`
`El Cross Bill
`
`Cl Other Pleading
`
`PATENT NO.
`
`« DATE OF PATENT
`
`PATENTEE
`
`In the above-entitled case, the following decision has been rendered or judgment issued:
`DECISION/JUDGMENT
`
`DAVID L. EDWARDS
`
`(BV)DEPU YCLERK
`
`copy 1 — Upon lnlllatlon ol actlcn, mall this copy lo Commissioner Copy 3 —- Upon lcrmlnatlon ol action, mall thls copy Ia Commlssloner
`copy 2 — Upon llllng document addlng patent(s), mall Ihla copy to commluloncr
`Copy 4 — case lllo copy
`
`
`W8$h|I1lll0n.D-C-2°23‘
`
`1
`
`"
`
`""“’i‘
`
`FILING OR DETERM|NAT|0N OF AN
`ACTION REGARDING A PATENT
`
`35”-503 "39
`
`REPORT on THE
`
`35 U.S.C. 290) you are hereby advised
`In compliance with the Act
`that a court action has been filed on the following -patent(s) in the U.S. District Court:
`DOCKET NO.
`DATE FILED
`u.s. DISTRICT couwr
`95-120-CIV—ORL-19
`February 8, 1995 Middle District of Florida/Orlando Division
`PLAINTIFF
`DEFENDANT
`
`Glen Raven Mills, Inc.
`
`Jason Natural Products, Inc.
`
`
`
`""""""'_.
`
`In the above-entitled case, the following patent(s) have been included:
`DATE INCLUDED
`INCLUDED av
`
`El Amendment
`
`El Answer
`
`El Cross Bill
`
`Cl Other Pleading
`
`PATENT NO.
`
`« DATE OF PATENT
`
`PATENTEE
`
`In the above-entitled case, the following decision has been rendered or judgment issued:
`DECISION/JUDGMENT
`
`DAVID L. EDWARDS
`
`(BV)DEPU YCLERK
`
`copy 1 — Upon lnlllatlon ol actlcn, mall this copy lo Commissioner Copy 3 —- Upon lcrmlnatlon ol action, mall thls copy Ia Commlssloner
`copy 2 — Upon llllng document addlng patent(s), mall Ihla copy to commluloncr
`Copy 4 — case lllo copy
`
`
`
`A0 120 (3/85) 9
`
`‘
`Commissioner 0! Patents and Trademarks
`W==hin9*°-W-0-2°23‘
`
`A
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT
`
`In compliance with the Act of Ju|l}/ 19, 1952 (66 Stat. 814; 35 U.S.C. 290) you are hereby advised
`that a court action has been filed ol=l-St e“Tl§5ll<§lJi‘H’d7EWt3K{l§5'QFi- the U.S. District Court:
`
`PLAINTIFF
`
`DEFENDANT
`
`Glen Raven Mills, Inc.
`
`Ramada International,
`
`Inc.
`
`In the above-entitled case, the following‘~patent(s) have been included:
`DATE INCLUDED
`|NCLUDED av
`%
`‘
`D Amendment
`D Cross Bill
`
`El Answer
`
`El Other Pleading
`
`PATENT No.
`
`DATE or PATENT
`
`PATENTEE
`
`1
`
`_
`
`In the above-entitled case, the following decision has been rendered or judgment issued:
`DECISION/JUDGMENT
`
`CLERK
`
`(BY) DEPUTY CLERK
`
`DATE
`
`Copy 1 - Upon Inltlatlon ot actlon. mail this copy to commissioner Copy 3 - Upon tormlnatlon of acllon, mall this copy to Commissioner
`Copy 2 — Upon tlllng document adding potont(s), mail this copy to Commlsnlonor
`Copy 4 - Case lllo copy
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE MIDDLE DISTRICT OF FLORIDA
`
`INC.
`GLEN RAVEN MILLS,
`1831 North Park Avenue
`Glen Raven, NC 27215
`
`Plaintiff,
`
`V.
`
`RAMADA INTERNATIONAL,
`Suite 800
`
`INC.
`
`Gables International Plaza,
`2655 Le Jeune Road
`
`Coral Gables, Florida 33134
`
`Defendant.
`
`sgsax/-yuzsgxzgasasggasgsg
`
`VERIFIED COMPLAINT FOR FEDERAL TRADEMARK INFRINGEMENT,
`FEDERAL AND STATE UNFAIR COMPETITION, VIOLATION OF FLORIDA
`ANTI-DILUTION STATUTE, AND COMON LAW TRADEMARK INFRINGEMENT
`
`COMES NOW the Plaintiff, Glen Raven Mills, Inc., and for
`
`its cause of action against Defendant states as follows:
`
`Introduction
`
`(1) This is a civil action seeking injunctive relief
`
`under the Federal Trademark Act of 1946, §§ 15 U.S.C. 1051 gt
`
`ggg.
`
`(the "Lanham Act") and associated state law.
`
`Parties
`
`(2) Plaintiff, Glen Raven Mills, Inc.
`
`(hereinafter
`
`sometimes referred to as "Glen Raven"),
`
`is a corporation
`
`registered and duly existing under the laws of the State of
`
`North Carolina, with a principal place of business at 1831
`
`North Park Avenue, Glen Raven, North Carolina 27215.
`
`Plaintiff transacts business throughout the United States,
`
`including the State of Florida.
`
`(3)
`
`On information and belief, Defendant, Ramada
`
`International, Inc.
`
`(hereinafter "Ramada International"),
`
`is
`
`
`
`a Delaware corporation with corporate offices located at
`
`Suite 800, 2655 Le Jeune Road, Coral Gables, Florida 33134.
`
`Jurisdiction
`
`(4) This Court has jurisdiction over Counts I and II of
`
`the action pursuant to Section 39 of the Lanham Act, 15
`
`U.S.C.
`
`§ 1121 and pursuant to 28 U.S.C. §§ 1331 and 1338(a).
`
`(5) This Court has pendent jurisdiction over the claims
`
`alleged in Counts III,
`
`IV and V of this Complaint pursuant to
`
`28 U.S.C. §§ l338(b). This Court also has diversity
`
`jurisdiction pursuant to 28 U.S.C.
`
`§ 1332 over all claims in
`
`this action because the parties are citizens of different
`
`states and the amount in controversy exceeds the sum or value
`
`of $50,000.00, exclusive of interest and costs.
`
`ZQDEQ
`
`(6) Defendant is doing business and has established
`
`market channels and maintains a distribution network for its
`
`sales activity in this judicial district. Said channels and
`
`network consist at least in part of travel agents in this
`
`judicial district. Defendant supplies these travel agents
`
`with brochures by mailing and/or otherwise directing such
`
`brochures into the Middle District of Florida. Additionally,
`
`Defendant directs its advertising into this judicial district
`
`and, on information and belief, otherwise solicits business
`
`from residents of this judicial district. Defendant has
`
`purposefully directed its activities at residents of this
`
`judicial district. This litigation results in part from
`
`
`
`injuries that arise out of, or relate to,
`
`the services which
`
`Defendant is offering through such solicitation, advertising
`
`and activity directed at residents of this judicial district.
`
`On information and belief, a substantial portion of the
`
`services which form the basis for this Complaint are sold to
`
`residents within this judicial district. Thus, venue lies
`
`properly in this judicial district pursuant to 28 U.S.C.
`
`§
`
`1391(b) and (c).
`
`(7)
`
`On information and belief, Defendant maintains an
`
`office, transacts business, has agents and/or is otherwise
`
`found within the State of Florida and within this District,
`
`and is within the jurisdiction of this Court for purposes of
`
`service.
`
`(8)
`
`on information and belief,
`
`the unlawful acts
`
`committed by Defendant, as hereinafter alleged, have been
`
`are,
`
`in whole or in part, conceived, carried out and made
`
`effective within the State of Florida and within this
`
`District.
`
`(9)
`
`On information and belief,
`
`the interstate trade
`
`commerce described hereinafter is carried out at least in
`
`part within this District.
`
`Background
`
`(10) For many years, dating back to the late 1800's,
`
`Glen Raven and its predecessors in business have been
`
`continuously engaged in the manufacture and sale of textiles
`
`for use in a wide variety of products including but not
`
`
`
`limited to yarns; panty hose; hosiery and stockings; fabrics
`
`for wearing apparel and home furnishings; industrial fabrics;
`
`piece goods of canvas and synthetic fibers; piece goods for
`
`the manufacture of draperies: nylon fabrics: upholstery and
`
`awning fabrics; piece goods for fabrication into accessories
`
`such as umbrellas, beach bags, sportswear, shoes, hats,
`
`gloves and handbags; acrylic duck for marine cushions, boat
`
`covers, awnings, outdoor furniture covers and other outdoor
`
`uses: synthetic fiber piece goods used for chair covers, boat
`
`tops and the like; fabrics for ski jackets and rainwear; and
`
`fabrics for making tents, tarpaulins, boat tops and covers,
`
`awnings, canopies,
`
`indoor and outdoor furniture and carrying
`
`bags.
`
`(11)
`
`In the late 1950's, Glen Raven pioneered the
`
`development of highly durable fabrics made from acrylic yarns
`
`especially adaptable to outdoor applications such as
`
`umbrellas and travel bags, outdoor furniture, awnings, marine
`
`uses such as boat tops and covers, and outerwear clothing.
`
`For this new product category, Plaintiff adopted and
`
`commenced use in 1959 of the trademark "SUNBRELLA.“ Over the
`
`years,
`
`the "SUNBRELLA" brand fabric line has become the
`
`industry standard in terms of popularity and customer
`
`satisfaction, and the "SUNBRELLA" name is now renowned and
`
`famous in its product category and otherwise.
`
`(12) Since 1959, Glen Raven has used the trademark
`
`"SUNBRELLA" to identify its fabrics for awnings and
`
`
`
`umbrellas, furniture, handbags, sportswear, marine covers and
`
`bags. Plaintiff's use of the "SUNBRELLA" trademark in
`
`connection with its fabrics has been continuous, extensive
`
`and exclusive.
`
`(13) The products marketed by Glen Raven under the
`
`"SUNBRELLA" trademark have been and continue to be of
`
`uniformly high quality, and the company's "SUNBRELLA" brand
`
`has accordingly gained broad national and international
`
`recognition as a trademark denoting high quality textile
`
`products.
`
`(14) Glen Raven is the owner of all right, title and
`
`interest in and to the following United States trademark
`
`registrations, which presently are valid and subsisting in
`
`law:
`
`Mark
`
`SUMBRELLA
`
`.
`
`.
`
`Date
`
`12/27/60
`
`SUNBRELLA - QUALITY
`EVERY STITCH OF THE
`HAY & Design
`
`1,542,589
`
`Goods
`
`Fabrics for awnings,
`furniture, handbags
`and sportswear
`First u_se_: 12/11/59
`
`Fabrics for awnings,
`marine covers, bags
`and furniture
`First use: 10/16/87
`
`In connection with Registration Number 709,110, above, Glen
`
`Raven has submitted the requisite affidavits attesting to
`
`continuous use of the cited trademark which, having survived
`
`for more than five years without challenge, qualifies the
`
`"SUNBRELLA" trademark registration as "incontestable"
`
`pursuant to Section 15 of the Federal Trademark Act of 1946,
`
`as amended (the "Lanham Act"), 15 U.S.C.
`
`§ 1065. Certified
`
`copies of these registrations are appended to this Complaint
`
`5
`
`
`
`as Exhibit A.
`
`(15) Plaintiff's U.S. Trademark Registration No.
`
`1,542,589, above, features the following depiction of an
`
`umbrella superimposed on the name "SUNBRELLA":
`
`sLnbr/e5-,1 m,-w,.W.
`M-.
`
`(16) Over the years, Plaintiff has expended large sums
`
`of money in advertising and promoting its "SUNBRELLA"
`
`trademark in connection with the goods specified above.
`
`Plaintiff's annual advertising expenditure exceeds $2 million
`
`and includes trade publication advertisements as well as
`
`other advertisements, promotional brochures and promotional
`
`video tapes.
`
`The following list of journals and publications
`
`in which Plaintiff is currently advertising the name
`
`"SUNBRELLA," in connection with the products listed above,
`
`reflects the scope of Plaintiff's efforts to instil public
`
`awareness of the name "SUNBRELLA"
`
`in the marketplace for
`
`Plaintiff's products:
`
`ARCHITECTURAL RECORD
`ARCHITECTURE
`AUTO TRIM & RESTYLING NEWS
`BOATING INDUSTRY
`CASUAL DECOR
`CASUAL LIVING
`COUNTRY LIVING
`FABRICS & ARCHITECTURE
`HEARTH & HOME
`HOME
`
`
`
`HOUSE BEAUTIFUL
`HOUSE BEAUTIFUL - HOME DECORATING &
`REMODELING
`INDUSTRIAL FABRIC PRODUCTS REVIEW
`INDUSTRIAL FABRIC PRODUCTS REVIEW
`
`(CONVENTION PROGRAM)
`INDUSTRIAL FABRIC PRODUCTS REVIEW - "IN
`THE MARINE SHOP"
`INTERIOR DESIGN
`
`LES PLAISANCIERS (CANADA)
`MARINE TEXTILES
`MARTHA STEWART LIVING
`
`MOTEUR BOAT (FRANCE)
`MOTORBOAT & YACHTING
`MOTOR BOATING & SAILING
`OUTLOOK
`POWER BOATING CANADA
`POWER & MOTOR YACHT
`SUNSET
`
`SWEETS (1992 Canadian Issue), McGraw—Hi1l
`Info. Serv.
`
`SWEETS (1993 Issue), McGraw—Hil1 Info.
`Serv.
`
`TEXTILE BOWL MAGAZINE (NC STATE)
`1992 TRIPLE ZONE CONVENTION PROGRAM
`
`Three exemplars of Plaintiff's current magazine advertising
`
`are appended hereto as Exhibit B.
`
`(17) As a result of Plaintiff's continuous, extensive
`
`and exclusive use of the trademark "SUNBRELLA" for many
`
`years,
`
`including substantial advertising and promotional
`
`efforts directed to that mark in connection with the products
`
`identified in U.S. Registration Nos. 709,110 and 1,542,589,
`
`above,
`
`the name "SUNBRELLA" has come to designate Plaintiff
`
`Glen Raven, and to be associated with Plaintiff in the minds
`
`of the public, as the sole source or origin for textile
`
`fabrics and associated finished products,
`
`including but not
`
`limited to outdoor fabrics for recreational uses, sold under
`
`the "SUNBRELLA" trademark.
`
`
`
`(18) Due to the popularity and renown of Plaintiff's
`
`"SUNBRELLA" trademark, many of Plaintiff's manufacturing
`
`customers have adopted the practice of attaching pass-through
`
`"SUNBRELLA" hang-tags and labels to their articles of
`
`finished merchandise which incorporate "SUNBRELLA" Brand
`
`fabric, such as outdoor casual furniture, umbrellas, awnings,
`
`boat tops, carrying bags and cushion covers.
`
`In this manner,
`
`purchasers of a variety of finished products are exposed to
`
`the company's "SUNBRELLA" trademark. Exemplars of such hang-
`
`tags and labels are appended to this Complaint as Exhibit C.
`
`Events Leading to this Controversy
`
`(19)
`
`In or around November 1992, Plaintiff learned that
`
`Defendant had filed applications with the United States
`
`Patent and Trademark Office (PTO)
`
`to register two (2) service
`
`marks featuring the trademark "SUNBRELLA" for use in
`
`connection with the "provision of hotel services in
`
`connection with inclusive vacation and travel packages."
`
`(20) one of the applications filed by Defendant,
`
`Application Serial No. 74/310,884, claims exclusive rights in
`
`the word "SUNBRELLA" for use in connection with the
`
`referenced services.
`
`A true and accurate copy of this
`
`application is appended to this Complaint as Exhibit D.
`
`(21) The other service mark application filed by
`
`Defendant, Application Serial No. 74/310,885, claims
`
`exclusive rights in the following depiction of an umbrella
`
`
`
`superimposed over the word "SUNBRELLA" for use in connection
`
`with the referenced services:
`
`A true and accurate copy of that application is appended to
`
`this Complaint as Exhibit E.
`
`(22) Neither of the service mark applications filed by
`
`Defendant claimed that the marks in question were in actual
`
`use.
`
`Instead, each of the applications was a so-called
`
`"intent-to-use“ application which, if ultimately approved,
`
`permits the Applicant to perfect its registration within a
`
`period of six months (which may be extended) by demonstrating
`
`that the mark is in actual use.
`
`(23) On December 1, 1992, Plaintiff's counsel directed
`
`correspondence to Mr. Nikolas Eastwick-Field, Vice President
`
`of Ramada International and the officer of Defendant who
`
`signed Defendant's two service mark applications.
`
`In his
`
`letter of December 1, Plaintiff's counsel placed Defendant on
`
`notice that any use by Defendant of the marks depicted in
`
`Defendant's two service mark applications would be considered
`
`a violation of Plaintiff's rights,
`
`including Plaintiff's
`
`
`
`rights under the Florida anti-dilution statute, Fla.Stat.Ann.
`
`§ 495.151. Defendant's counsel responded in a letter dated
`
`December 14, 1992, claiming that Plaintiff's mark was weak
`
`because various third parties in addition to Plaintiff were
`
`allegedly using the mark "SUNBRELLA." Plaintiff's counsel
`
`investigated each of the third parties named by Defendant,
`
`established that the trademark "SUNBRELLA" was not,
`
`in fact
`
`used by any of them, and responded to Defendant's counsel in
`
`a letter dated February 2, 1993. Defendant's counsel replied
`
`in a letter dated February 17, 1993 stating that the third-
`
`party uses which Defendant had mistakenly alleged were not
`
`"central and essential" to the Defendant's view but that,
`
`instead,
`
`the alleged disparity between the parties‘ goods and
`
`services precluded any claim by Plaintiff. Plaintiff's
`
`counsel repeated Plaintiff's demands in a letter dated
`
`February 24, 1993.
`
`In a final effort to avoid litigation,
`
`Plaintiff's President contacted Defendant's President
`
`directly in a letter dated March 1, 1993, personally
`
`appealing to Defendant to abandon its planned use of the
`
`"SUNBRELLA" trademarks. Plaintiff received no response to
`
`that letter. True and accurate copies of the correspondence
`
`between counsel and parties leading to this lawsuit are
`
`appended hereto collectively as Exhibit F.
`
`(24) On information and belief, Defendant has now
`
`commenced a substantial advertising program featuring the
`
`"SUNBRELLA" marks as depicted in Defendant's two service mark
`
`10
`
`
`
`applications,
`
`including the depiction of an umbrella
`
`superimposed on the word "SUNBRELLA." Plaintiff has
`
`determined that Defendant advertised its "SUNBRELLA" service
`
`mark in the April editions of the magazines "Bride's" and
`
`"Travel & Leisure," respectively.
`
`A true and accurate copy
`
`of Defendant's advertisement from "Travel & Leisure" is
`
`appended hereto as Exhibit G.
`
`COUNT I
`
`Federal Trademark Infringement
`
`(25) Plaintiff realleges and incorporates by reference
`
`Paragraphs 1 through 24 of this Complaint.
`
`(26) By and through its conduct described above,
`
`Defendant has adopted and is using two service marks that are
`
`confusingly similar to Plaintiff's trademarks alleged herein.
`
`One of Defendant's service marks,
`
`iLg;, Defendant's service
`
`mark "SUNBRELLA," is identical to Plaintiff's "SUNBRELLA"
`
`mark, U.S. Registration No. 709,110.
`
`The other one, a
`
`stylized depiction of an umbrella superimposed on the word
`
`"SUNBRELLA," is strikingly similar to Plaintiff's U.S.
`
`Registration No. 1,542,589.
`
`(27) over and despite the objections which Plaintiff
`
`duly served upon Defendant, Defendant commenced to use and
`
`now continues to use its "SUNBRELLA" trademarks to identify
`
`Defendant's services in the provision of hotel services in
`
`connection with inclusive vacation and travel packages.
`
`
`
`(28) Defendant's "SUNBRELLA" trademarks are confusingly
`
`similar to Plaintiff's "SUNBRELLA" trademarks in sound,
`
`meaning and appearance.
`
`(29) Defendant's continued use of its "SUNBRELLA"
`
`service marks will injure Plaintiff by causing the trade
`
`and/or purchasing public to be confused, mistaken, and/or
`
`deceived into believing that the services sold by Defendant
`
`under its mark are those of Plaintiff and/or are sponsored by
`
`or connected or in some way affiliated with Plaintiff and
`
`will interfere with Plaintiffs‘ title to its aforesaid
`
`trademarks.
`
`(30) Defendant has been given written notice of its
`
`infringement of Plaintiff's "SUNBRELLA" trademarks and
`
`associated conduct but has refused to discontinue same.
`
`(31) Defendant's continued use of its "SUNBRELLA"
`
`trademarks constitutes infringement of Plaintiff's federal
`
`trademark rights,
`
`in violation of Section 32 of the Lanham
`
`Act, 15 U.S.C.
`
`§ 1114.
`
`WHEREFORE, Plaintiff demands judgment against Defendant
`
`as set forth in the Prayer for Relief.
`
`COUNT II
`
`Federal Unfair Competition, False Representation
`and False Designation of Origin
`
`(32) Plaintiff realleges and incorporates by reference
`
`Paragraphs 1 through 31 of this Complaint.
`
`(33) The acts of Defendant complained of are carried out
`
`in interstate commerce and/or adversely affect the interstate
`
`12
`
`
`
`commerce conducted by Plaintiff using its "SUNBRELLA"
`
`trademark.
`
`(34) Defendant's conduct described hereinabove
`
`constitutes unfair competition and false representation and
`
`designation of origin in violation of Section 43(a) of the
`
`Lanham Act, 15 U.S.C.
`
`§ 1125(a).
`
`WHEREFORE, Plaintiff prays for judgment against
`
`Defendant as set forth in the Prayer for Relief.
`
`COUNT III
`
`Violation of Florida Anti-Dilution Statute
`
`(35) Plaintiff realleges and incorporates by reference
`
`Paragraphs 1 through 34 of this Complaint.
`
`(36) Because of its distinctive and fanciful character,
`
`its substantial, continuous and exclusive use by Plaintiff
`
`for the last 35 years,
`
`the large sums in advertising expended
`
`on it by Plaintiff over the years, and its strong recognition
`
`among the relevant public, Plaintiff's "SUNBRELLA" trademark
`
`is an exceptionally strong trademark entitled to broad
`
`protection, with or without a showing of competition between
`
`the parties, and with or without an actual likelihood of
`
`confusion between the marks.
`
`(37) Defendants‘ use of its "SUNBRELLA" marks, unless
`
`enjoined, will dilute the distinctive quality of Plaintiff's
`
`"SUNBRELLA" marks and will deprive Plaintiff's marks of
`
`commercial value,
`
`thereby creating a likelihood of injury to
`
`the business representation of Plaintiff.
`
`Use by Defendant
`
`13
`
`
`
`of Plaintiff's trademarks constitutes a violation of
`
`Florida's anti—di1ution statute, F1a.Stat.Ann.
`
`§ 495.151.
`
`COUNT IV
`
`Common Law Trademark Infringement
`
`(38) Plaintiff realleges and incorporates by reference
`
`Paragraphs 1 through 37 of this Complaint.
`
`(39) Defendant's acts aforesaid constitute common law
`
`trademark infringement in the State of Florida.
`
`WHEREFORE, Plaintiff prays for judgment against
`
`Defendant as set forth in the Prayer for Relief.
`
`COUNT V
`
`Common Law Unfair Competition
`
`(40) Plaintiff realleges and incorporates by reference
`
`Paragraphs 1 through 39 of this Complaint.
`
`(41) Defendant's acts aforesaid constitute common law
`
`unfair competition in the State of Florida.
`
`PRAYER FOR RELIEF
`
`Plaintiff prays:
`
`(a) That Defendant and its officers, directors, agents,
`
`employees, attorneys, and all persons in active concert or
`
`participation with Defendant, be forthwith preliminarily and
`
`permanently enjoined and restrained from:
`
`(i) Using the service mark "SUNBRELLA" or any
`
`trade name,
`
`trademark or service mark confusingly
`
`similar to Plaintiff's "SUNBRELLA" or which dilutes the
`
`distinctive quality of the said name: and
`
`14
`
`
`
`(ii) In any manner imitating Plaintiff's trademarks
`
`for the purpose of acquiring Plaintiff's trade and good
`
`will by imitation, fraud, deception or mistake.
`
`(b) That Defendant be directed to file with this Court
`
`and serve upon Plaintiff within thirty (30) days after
`
`service of injunction, a report in writing under oath,
`
`setting forth in detail the manner and form in which
`
`Defendant has complied with, and will continue to comply
`
`with,
`
`the injunction.
`
`(c) That Defendant be required to immediately deliver
`
`up for destruction all labels, packages, containers,
`
`advertising materials, catalogs, promotional materials, and
`
`any and all other materials which bear its "SUNBRELLA"
`
`service marks,
`
`together with all plates, molds, matrices, and
`
`other means and materials for making and reproducing same.
`
`(d)
`
`For Plaintiff's attorney fees incurred in this
`
`action.
`
`(e)
`
`For cost of suit herein.
`
`
`
`(f)
`
`For such other and further relief as the Court may
`
`deem proper.
`
`Respectfully submitted,
`
`GLEN RAVEN MILLS,
`
`INC.
`
`imothy Hobbs
`ce A. McDonald
`DYKEMA GOSSETT
`
`1752 N St., N.W., Suite 600
`Washington, D.C. 20036
`(202) 466-7185
`
`ns Goodspeed
`'
`E.
`Bar No. 321559
`
`GILES & ROBINSON, P.A.
`390 North Orange Ave., Ste. 800
`P.O. BOX 2631
`
`Orlando, Florida 32802
`
`
`
`VERIFICATION
`
`The undersigned Officer of Plaintiff Glen Raven Mills,
`
`Inc. has read the foregoing Complaint and,
`
`in accordance with
`
`28 U.s.C.
`
`§ 1746, hereby declares under penalty of perjury
`
`that the facts stated hereinabove are true and accurate to
`
`the best of his knowledge,
`
`information and belief.
`
`ALLEN E. GANT, J
`President
`
`Glen Raven Mills, Inc.
`
`
`
`ro-
`
`r“m-“'-“WT 3.59 8
`’A‘CCEfltD
`
`I
`
`PRINCIPAL REGISTER
`Trademark
`
`-n.~,:r.15
`
`’f"Ti"R'\ / W Z 4
`4‘; '‘ "J
`A
`
`Registered Dec.
`
`Ser. No. 96.329, filed May 3, 1960
`
`SUNBRELLA
`
`'
`‘
`Glen Raven Cotton Mxlls, Inc. (North Camlma corpora
`Gltelgnfuven‘ N G
`
`-
`
`: FABRICS FOR AWNINGS. FURNITURE.
`H1l;‘§Ii)BAGS’ AND SPORTSWEAR’ in CLASS 42.
`First use Dec. 11. 1959; in commerce Dec. 11, 1959-
`
`Reneweziiarfigiyc.-;:‘:amen: Dec. 27, 1930
`
`COMB. AFF. SEC. 8 & 15
`
`CERTIFIED TO BE A TRUE COPY OF THE REGISTRATION
`WHICH IS IN FULL F
`-ED ',
`CT WITH NOTATION
`.
`OF ALL STATUTORY AC .
`3-! THEREON, AS DIS-
`CLOSED BY THE RECORDS
`..N!TED STATES PATENT
`AND TRADEMARK OFFICE. Si‘ 3.
`-:')C-RDS SHOW TITLE
`
`«
`
`.
`
`To BE IN7 Glen Raven Mills, Inc.
`
`749%»/rA;u{
`
`Acting Commissioner of Patents and Trademarks
`
`
`
`Int. Cl.: 24
`
`Prior U.S. C1.: 42'
`
`Reg. No. 1,542,589
`United States Patent and Trademark Office Registered June 6,1989
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`GLEN RAVEN MILLS, INC. (NORTH CAROLI
`N COR ORATION
`1831AN. PAIEK AVENU)E
`RAVE , C 7
`GLEN
`N N 2 21
`
`5
`
`3
`
`OWNER OF U.S. REG. NO. 709.110.
`THE STIPPLING SHOWN IN THE MARK IS
`FOR SI-IADING PURPOSES ONLY AND DOES
`NOT INDICATE COLOR.
`
`FOR: FABRICS FOR AWNINGS. MARINE
`COVERS. BAGS AND FURNITURE. IN CLASS
`24 (U.S. CL. 42).
`FIRST USE 10-16-1987;
`10-16-1987.
`
`IN COMMERCE
`
`SER_ NO_ 693,598, FILED 11_4_1987_
`
`MARIA SOLOMON, EXAMINING ATTORNEY
`
`Certified to be a true copy of the registration
`issued by the United -States Patent & Trademark
`Office, which registration is in full force
`and effect. Record title is in Registfami
`
`7‘)aAe/r»<7>»{
`
`Acting Commissioner of Patents and Trademarks
`
`
`
`A0 120 (3/85)
`
`Commissioner of Patents and Trademarks
`Washington-D-0-20231
`
`SOLICIT Fl
`_
`,
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT
`
`In compliance with the Act of July 19, 1952 (66 Stat. 814; 35 U.S.C. 290) you are hereby advised
`that a court action has been filed on the following patent(s) in the U.S. District Court:
`
`U.S. PATENT & TRAEIEMARR RFFICE
`
`DOt:KET No.
`CIV 92—4793(JWB
`PLAINTIFF
`
`DATE FILED
`ll-17-92
`‘
`
`u.s. DISTRICT COURT
`Newark, N.J.
`DEFENDANT
`
`GLEN RAVEN MILLS,
`
`INC.
`
`JEROME GLASSER
`
`« 709,110
`
`12-27-60
`
`2
`
`1 542 589
`
`06-06-89
`
`In the above-entitled case, the following patent(s) have been included:
`DATE INcI_uDED
`INCLUDED ev
`
`.
`
`l'_'l Amendment
`
`El Answer
`
`El Cross Bill
`
`El Other Pleading
`
`PATENT NO.
`
`DATE OF PATENT
`
`PATENTEE
`
`In the above-entitled case, the following decision has been rendered or judgment issued:
`DECISION/JUDGMENT
`
`I CLERK
`WILLIAM T. WALSH
`
`'
`
`I
`
`(av) I36 I
`
`DATE
`
`_ ,.
`
`Copy 1 — Upon lnl Iatlon of actlon, mail this copy to Commissioner
`
`
`
`A0 120 (Rev. 6/90)
`To
`-
`
`'
`A
`C mmlssioner of Patents and Trademarks
`°
`wasmnghn’ D_.c_ 20231
`
`A
`
`_
`
`'
`
`REPORT ON THE
`-I
`FILINGOR DETERMINATION or AN
`’
`H
`ACTION QKPATENT OR
`
`g - »
`1 3
`PLAINTIFF
`
`in Compliancevwith 35 § 290 andlor 15. U.S:9. § .1116 you are hereby advised that a court action has been
`' Central D‘I5S‘t . of
`.
`.
`Xi Trademarks:
`filed in the U.S. District Coun on the following
`DATE FILED
`u.s. DISTRICT couRT
`
`El Patents or
`
`.
`
`DEFENDANT
`
`.,
`
`MAGMA PRODUCTS, E"
`a California cgor
`
`,
`rationox
`
`'
`
`HOLDER OF PATENT OER
`
`T
`
`74 703,897
`
`In the above-entitled case, the following patent(s) have been included:
`DATE INCLUDED
`4
`INCLUDED BY
`_
`‘
`'
`Ei Amendment
`
`D Answer
`
`v
`Ci Gross Bill
`
`'
`7
`V
`III other Pleading
`
`TRf3TEfA'fRf(’,§',o_
`
`%§,I$,§iBEf“T,f,'(“,;r
`
`HOLDER OF PATENT oR TRADEMARK
`
`in the above-entitled case, the following decision has been rendered or judgment issued: I
`A DEOISIONIJUDGMENT
`'
`
`FRANK E. GOODROE
`
`(BY) DEPUTY CLERK
`r >-_ :1:
`Eiészssai
`
`E. "‘
`A
`'£’;'a{2i3.,i.m
`
`copy 1—Upon initiation ct action, mail this copy to commissioner Copy 3—Upon termination of action, mail this copy to commissioner
`Copy 2—Upon tiling document adding patent(s), mail this copy to Commissioner Copy 4—case file copy
`
`
`
`A0 129 13/351 0
`
`Commissioner of Patents and Trademarks
`Wa!hin91on.D-C-20231
`
`I
`
`SQLICI OH
`
`JUN 2 0 995
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT
`
`In compliance with the Act dj.S.mfl&9rg$§fi)l§,fifi;§;;fig4; 35 U.S.C. 290) you are hereby advised
`that a court action has been filed on the following patent(s) in the U.S. District Court:
`DOCKET ~o.
`DATE Fiueo
`u.s. QISTRICT coun-r
`95-l20—CIV—0RL—19
`February 8, 1995 Hiddle District of Florida/Orlando Division
`PLAINTIFF
`DEFENDANT
`
`Glen Raven Mills, Inc.
`
`Jason Natural Products, Inc.
`
`PATENT N0.
`
`DATE OF PATENT
`
`PATENTEE
`
`~
`
`December 2'7_,l1960
`
`Glen Raven Mills, Inc.
`
`1 542 5889
`
`June 6
`
`1989
`
`Glen Raven Mills
`
`Inc.
`
`In the aboveeentitled case, the following patent(s) have been included:
`DATE INCLUDED
`INCLUDED av
`
`PATENT NO.
`
`DATE OF PATENT
`
`PATENTEE
`
`C] Amendment
`
`El Answer
`
`ID Cross Bill
`
`El Other Pleading
`
`In the above-entitled case, the following decision has been rendered or judgment issued:
`DECISION/JUDGMENT
`
`/\/0i'YCLO7C u0/or77‘i4r¢</ a(/omras.q/
`
`I
`DEV-ID L. Enmms
`
`IBYID PUTY CLERK
`"VH1
`
`‘ I, /
`
`DATE
`/
`G, / 3,95
`
`_
`
`I
`
`copy 1 — Upon Initlntlon of action, mall Ihls copy to commlssloner Copy 3 — Upon Iormlnnllon of action. mall Ihls copy to commissioner
`copy 2 — Upon Illlng docurnonl uddlng patonlm, mull thin copy Io commissioner
`Copy 4 — case Illa copy
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE MIDDLE DISTRICT OF FLORIDA
`
`GLEN RAVEN MILLS, INC.,
`1831 North Park Avenue
`Glen Raven, NC
`27215
`
`Plaintiff,
`
`vs.
`JASON NATURAL pnooucrs,
`8468 Warner Drive
`Culver City, California,
`
`INC. ,
`
`Defendant.
`
`.-s
`.
`_
`.
`x,
`{.- I
`____
`;.
`;;w‘_
`CASE NO. 95-120fiCVbO§L-19
`V. E
`R
`
`NQIICE OF DISMISSAL OF COMPLAINT
`
`Plaintiff, GLEN RAVEN MILLS, INC., by and thrdugh its
`
`undersigned attorneys, pursuant to Rule 41(a)(1), Federal Rules
`
`of Civil Procedure, hereby dismisses its Complaint filed in this
`
`action,
`
`including all counts and actions contained therein.
`
`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that a true and correct gfpy of the
`foregoing has been served by U.S. Mail this £2
`day of June,
`1995, to:
`JASON NATURAL PRODUCTS,
`INC., 846 Warner Drive,
`Culver City, California 90232; and Jay H. Geller, Esquire, East
`Tower, Suite 600, 2425 West Olympic Boulevard, Santa Monica,
`California
`90404.
`
`ED, E UIRE
`GOODS
`.
`of GILES & ROBINSON, P.A.
`390 N. Orange Ave., Suite 800
`Post Office Box 2631
`
`.
`
`\_
`’
`_
`.v— _
`X
`:n§e:’;:1I?_3;¢*;h:C3:)::=eO§f°Ec';1i*’;’r:’:i:a:::“
`‘
`_ Vt;
`DAVID"L. EDWARDS. Clerk
`39}
`United States District 0ou.':"E
`3»
`"1
`13 Dis_t”i‘3f’f
`°r
`2‘
`.,K
`
`_
`
`d
`
`Orlando, Florida 32802
`(407) 425-3591
`Florida Bar No. 321559
`Timothy Hobbs
`Bruce A. McDonald
`DYKEMA GOSSETT, P.L.L.C.
`fifigngggfésgéc .
`20005
`
`1300 I Street, N.W., Suite 300 W
`
`Attorneys for Plaintiff
`
`
`
`Ao 1'20 (3/85) a
`
`vvb.
`
`~
`
`Commissioner of Patents and Trademark:
`W3="i"9‘°"r°-C-2°23‘
`
`I
`
`_
`
`6
`
`REPORT ON THE
`F|L||\|G on DE1'EfiM||\|A1'|oN 0|: AN
`agglom REGARDING A PATENT
`
`In compliance with the Act of July 19; 1952 (66 Stat. 814; 35 U.S.C. 290) you are hereby advised
`that a court action has been filed on the following patent(s) in the U.S. District Court:
`DOCKET NO.
`DATE FILED
`u.s. DISTRICT COURT
`
`93-519-(ZTV-ORL-92
`PLAINTIFF
`
`627.9-93
`
`Middle District of Florida, Orlando Div'i:3".0:‘.
`DEFENDANT
`
`Glen Raven Mills,
`
`Inc.
`
`Ramada IneI:rnaiiiona1..
`
`Inc.
`
`1
`
`_?_,~,QQ,110
`
`12/27/60
`
`_
`
`Glen Raven Cotton Mills.
`
`Inc.
`
`2
`1,542,589
`6/6/89
`Glen Raven M.'i1ls._
`‘lnr.
`_—
`
`In the above-entitled case, the following patentlsl have been included:
`DATE INCLUDED
`INCLUDED av
`
`El Amendment
`
`Cl Answer
`
`Cl Cross Bill
`
`C] Other Pleading
`
`PATENT NO.
`
`DATE OF PATENT
`
`PATENTEE
`
`In the above-entitled case, the following decision has been rendered or judgment issued:
`DECISION/JUDGMENT
`
`The parties have settled. Certified copy of Court's Order dated 7/21/94
`dismissing without prejudice attached.
`
`DAVID L. EDWARDS
`
`(av) oepurv CLERK
`
`C. Houston
`.
`.1]. 4440:
`
`s
`
`Copy 1 — Upon inltlallon ol acllon, mail this copy to commisslonar Copy 3 — Upon termination oi action, mall Ihls copy to commissioner
`copy 2 — Upon llling document addlng p|tonI(s). mall this copy Io commlnlonor
`copy 4 — Case Illo copy
`,i,,
`
`
`
`UNITED STATES DISTRICT COURT
`MIDDLE DISTRICT OF FLORIDA 4 '
`ORLANDO DIVISION
`
`.
`‘
`
`GLEN RAVEN MILLS, INC.,
`
`Plaintiff,
`
`I RAMADA1NTERNKnoNAn1Nc,
`
`Defendant.
`
`CASE NO. 93-519-CIV-ORL-22
`
`QRDER
`
`The Court having been advised by counsel that the above action has been settled, it is
`
`ORDERED that this cause be hereby DISMISSED without prejudice to the right of any party,
`
`to reopen the action within 60 days, upon good cause shown, or to submit a stipulated form of final
`
`judgment. Any pending motions are hereby DENIED as moot.
`
`z 5,
`
`DONE AND ORDERED in Chambers in Orlando, Florida, this / day of ‘g %
`
`J
`
`,
`
`Copies to:
`
`Counsel of Record
`Courtroom Deputy
`
`,
`NE C. CONWAY
`v nited States District Judge
`
`'
`I cert.
`~
`if? the foregoin 4.
`'i:r11_a
`~ 8‘ »o co 8.
`and correct copy of J.‘"39 Original.
`DAVID L. EDWARD
`United States D13. Clerk
`Middle District
`
`
`
`,
`
`-
`
`.
`
` Applirafinit fur ifimtrmal
`
`_
`_
`«Ln the Cllnmmiasinnrr of Iélairitta ztnh wrahrntarka:
`
`Mark: SUNBRELLA
`
`INC.', a North Carolina corporation, having
`GLEN RAVEN MILLS,
`‘a principal business address of Glen Raven, North Carolina 27215
`
`hereby requests that the Certificate of Registration No. dated and
`
`Glen Raven Cotton Mills, Inc. , a North Carolina Corgoration,
`gm,.ledm
`
`
`which it now owns. be renewed in accordance with the provisions of Section 9 of the Trademark Act of Jul} 5. I946,
`
`Eerlaratiun
`
`
`
`declares
`
`of said applicant
`
`Roger Gant , Jr.
`
`’
`
`that he is President
`
`and saidVapplicant . as shown by the Patent and Trademark Office records.
`709,110
`:that the mark described therein is still in use in interstate
`is the owner of Registration No.
`
`commerce on each of the following goods recited in the registration-—namely,
`
`FABRICS FOR AWNINGS, FURNITURE, HANDBAGS AND
`SPORTSWEAR
`
`that the attached specimen shows the mark as currently used: that all statements made herein of his own knowledge are true
`and that all statements made on information and belief are believed to be true: and further that these statements were made .
`with the knowledge that willful false statements and the like so made are punishable by fine or imprisonment. or both. under
`Section l0Ol of Title I8 of the United States Code and that such willful false statements may jeopardize the validity of this
`Declaration or the Registration in connection therewith.
`
`iilniupr nf Attorney
`
`Please recognize Mason, Fenwick &_ Lawrence, 310 OFC Building, 1730 Rhode Island Avenue, N.W., Washington,
`DC. 20036, a law firm comprised of Boynton P. Livings
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