._‘.‘Northern District of Ohio
`
`Page 1 of 4
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`F ICE 0F TiiE_
`A:a§Ul\§EFRAL [‘.0UNSc.L
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`2ui1aAPR 28 PH 5: 26
`
`U.S_i _E)_iS’NTiEli”Court
`
`Cat] 1, Perelman, Termed
`
`CIVIL DOCKET
`Northern pi t
`
`‘ ll%E’#: 1:07-cv-02823-KMO
`p13ip_._(Cleveland)
`
`Internal Use Only
`
`Serta, Inc. v. Commercial Hospitality et al
`Assigned to: Judge Kathleen M. O'Malley
`Cause: 15: 1051 Trademark Infringement
`
`Plaintiff
`
`Serta, Inc.
`
`H
`
`TM Evy.
`
`.;l,0lll,9t3
`
`“"'nI°”’3
`3' 0571‘? .5»
`a,9:n’oi9
`
`Date Filed: 09/18/2007
`Date Terminated: 03/07/2008
`
`Jury Demand: Plaintiff
`Nature of Suit: 840 Trademark
`
`Jurisdiction: Federal Question
`
`represented by Joseph P. Rodgers
`Squire, Sanders & Dempsey -
`Cleveland
`
`4900 Key Tower
`127 Public Square
`
`Fax: 216-479-8777
`Email: jrodgers@ssd.com
`LEAD ATTORNEY
`A TTORNEY T0 BE NOTICED
`
`Jeffrey T. Baravetto
`Drinker Biddle & Reath - Chicago
`Ste. 3700
`191 North Wacker Drive
`
`Chicago, IL 60606
`312-569-1000
`Fax: 312-569-3000
`
`Nicole M. Murray
`Drinker Biddle & Reath - Chicago
`Ste. 3700
`191 North Wacker Drive
`
`Chicago, IL 60606
`312-569-1000
`Fax: 312-569-3469
`
`Email: nicole.murray@dbr.com
`
`Richard W. Young
`Drinker Biddle & Reath — Chicago
`Ste. 3700
`
`https://ecf.ohnd.circ6.dcn/cgi-bin/DktRpt.pl?113024910837727-L_950_0-1
`
`04/23/2008
`
`

`
`191 North Wacker Drive
`
`Chicago, IL 60606
`312-569-1000
`Fax: 312-569-3469
`
`Email: richard.young@dbr.com
`
`Northern District of Ohio
`
`V.
`
`Defendant
`
`Commercial Hospitality
`
`Defendant
`
`Commercial Property Supply
`doing business as
`Commercial Supply Company
`
`Defendant
`
`Patel Properties Association
`
`Date Filed n Docket Text
`09/18/2007
`91 Complaint withjury demand against Commercial Hospitality,
`Commercial Property Supply d/b/a Commercial Supply Company, Patel
`Properties Association ( Filing fee 350 receipt number 2641264.). Filed
`by Serta, Inc.. (Attachments: # _l Exhibit A: Trademark Principal
`Register# 2 Exhibit B: Print Advertisements# 3 Exhibit C: Letter# 9; Civil
`Cover Sheet # § Summons (Defendant Commercial Hospitality)# 6
`Summons (Commercial Property Supply)# 2 Summons (Patel Properties
`Association))(Rodgers, Joseph) (Entered: 09/ 18/2007)
`
`F
`
`'09/18/2007
`
`09/ 19/2007
`
`09/19/2007
`
`09/19/2007
`
`09/ 19/2007
`
`92 Corporate Disclosure Statement filed by Serta, Inc.. (Rodgers, Joseph)
`(Entered: 09/18/2007)
`
`Judge Kathleen M. O'Malley assigned to case. (C,BA) (Entered:
`09/19/2007)
`
`9 Random Assigmnent of Magistrate Judge pursuant to Local Rule 3.1. In
`the event of a referral, case will be assigned to Magistrate Judge
`Perelman. (C,BA) (Entered: 09/19/2007)
`
`93 Summons and Magistrate Consent Form issued for service upon
`Commercial Hospitality, Commercial Property Supply & Patel Properties
`Association. (Attachments: # I Magistrate Consent Form) (C,BA)
`(Entered: 09/19/2007)
`
`93 Return of Service Executed upon Patel Properties Association by
`Personal Service on 9/19/07 filed on behalf of Serta, Inc. (Rodgers,
`Joseph) (Entered: 09/19/2007)
`
`09/19/2007
`
`Q_5_ Return of Service Executed upon Commercial Property Supply by
`Personal Service on 9/ 1 9/07 filed on behalf of Scrta, Inc. (Rodgers,
`
`https://ecf.ohnd.circ6.dcn/cgi-bin/DktRpt.pl?l 1302491083 7727—L_950_0-l
`
`04/23/2008
`
`

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`_ Northern District of Ohio
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`Page 3 of 4
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`09/19/2007
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`09/20/2007
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`09/28/2007
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`10/12/2007
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`10/19/2007
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`10/19/2007
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`10/26/2007
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`10/31/2007
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`1 1/02/2007
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`Joseph) (Entered: 09/ 1 9/2007)
`
`QQ Return of Service Executed upon Commercial Hospitality by Personal
`Service on 9/19/07 filed on behalf of Serta, Inc. (Rodgers, Joseph)
`(Entered: 09/19/2007)
`
`(Court only) Utility Event adding attorneys Richard W. Young, Nicole
`M. Murray and Jeffrey T. Baravetto for Serta, Inc.. (R,N) (Entered:
`09/20/2007)
`
`(Court only) Staff Notes: Attorneys .R.ich.ard W. Young, Nicole M.
`Murray and Jeffrey T. Baravetto not admitted to practice :in this court.
`Email sent to attorneys re: LR 83.5. (G_.CA) (Entered: 09/28/2007)
`
`91 Motion for default judgment filed by Serta, Inc.. (Attachments: # 1
`Exhibit 1, Verified Complaint# 2 Exhibit 2, Returns of Service
`(Commercial Hospitality, Commercial Property Supply d/b/a
`Commercial Supply Company, and Patel Properties Association))
`(Rodgers, Joseph) (Entered: 10/12/2007)
`
`Default (non-document) Entered on 10/19/2007 against defendants
`Commercial Hospitality, Commercial Property Supply and Patel
`Properties. Geri M. Smith, Clerk by Christine M. Huth, Deputy Clerk.
`Related document(s) Z . (H,CM) (Entered: 10/19/2007)
`
`Q§ Notice of Hearing. Default Judgment Hearing set for 10/31/2007 12:00
`PM in Chambers 16A before Judge Kathleen M. O'Malley. Related
`document(s) Z . (H,CM) (Entered: 10/ 19/2007)
`
`If
`
`Returned Mail addressed to Commercial Property Supply marked
`attempted, not known. Related document(s) § . (C,KA) (Entered:
`10/25/2007)
`
`910 Proposed Orderfor Permanent Injunction, Attorneys'Fees, and Costs
`filed by Serta, Inc.. (Rodgers, Joseph) (Entered: 10/31/2007)
`
`Order. Having considered Plaintiffs Motion for default judgment 1 , the
`Court Orders the defendants ENJOINED as outlined herein. The Court
`
`Orders the Plaintiff to file a brief in support of its request for attorneys
`fees within twenty (20) days of the entry of this Order. Signed by Judge
`Kathleen M. O'Malley on 1 l/2/2007.(H,CM) (Entered: 11/02/2007)
`
`11/15/2007
`
`0 S
`
`Returned Mail addressed to Patel Properties Assoc, marked attempted not
`known. Related document(s) 11 . (C,KA) (Entered: 1 1/15/2007)
`
`1 1/19/2007
`
`11/21/2007
`
`913 Returned Mail addressed to Commercial Property Supply, marked
`refused. Related document 11 . (K,K) (Entered: 11/ 19/2007)
`
`014 Brief in Support of award of attomeys' fees and costs per Court Order of
`11/2 (Dkt. 11) by Joseph P. Rodgers filed by Plaintiff Serta, Inc.. Related
`document(s) Q . (Attachments: # _1_ Exhibit A —— Advertisement, # _2_
`Exhibit B -- Declaration of Richard W. Young, # ; Exhibit C --
`Declaration of Joseph P. Rodgers, # 4 Exhibit D -- Time entries)
`(Rodgers, Joseph) Modified text on 12/4/2007 (B,B). (Entered:
`
`https://ecf.ohnd.circ6 .dcn/cgi-bin/DktRpt.pl?1 13024910837727-L_950_0—l
`
`04/23/2008
`
`

`
`wt
`T Northern District of Ohio
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`Page 4 of 4
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`11/21/2007
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`03/07/2008
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`03/07/2008
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`03/07/2008
`
`1 1/21/2007)
`
`(Court only) Utility Event Terminating Motions. H Motion for attorney
`fees (Brief in support ofprior requestfor attorneys’fees, per Court Order
`of 1 1/2 (Dkt. 11)) by Joseph P. Rodgers Motion for attorney fees (Brief
`in support ofprior requestfor attorneys 'fees, per Court Order of I [/2
`(Dkt. 11)) by Joseph P. Rodgers filed by Serta, Inc.. (B,B) (Entered:
`12/04/2007)
`
`01: Order The Court finds Plaintiffs request outlined in docket entry 14 is
`justified. The amounts requested are reasonable under the circumstances
`of this case. Accordingly, the Court awards to Plaintiff fees and costs in
`the amount of $14,625.13 to be paid by Defendants immediately. Signed
`by Judge Kathleen M. O'Malley on 3/7/08. (R,Sh) (Entered: 03/07/2008)
`
`Final Order of Judgment in favor of Plaintiff and against Defendants.
`The Court hereby enters a PERMANENT INJUNCTION in favor of
`Plaintiff, the terms of which are outlined in the Court's November 2, 2007
`Order, (doc.#11). Further, the Court awards to Plaintiff fees and costs in
`the amount of $14,625.13 to be paid by Defendants immediately. Signed
`by Judge Kathleen M. O'Malley on 3/7/08. (R,Sh) Modified text on
`3/7/2008 (B,B). (Entered: 03/07/2008)
`
`(Court only) Judgment Index Record entered in favor of Serta, Inc.
`against Commercial Hospitality, Commercial Property Supply, Patel
`Properties Association re: Judgment. Related document(s) 1§ . (B,B)
`(Entered: 03/07/2008)
`
`https://ecf.ohnd.circ6.dcn/cgi—bin/DktRpt.pl?1 1302491083 7727-L_950_O-1
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`04/23/2008
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`

`
`Case 1:07-CV-02823-KMO Document 1
`
`Filed 09/18/2007
`
`Page 1 of 12
`
`IN THE UNITED STATES DISTRICT COUR
`FOR THE NORTHERN DISTRICT OF oHI
`EASTERN DIVISION
`
`OFFICE OF THE
`*?§Zl~7ERAL COUNSi';l.
`
`.
`.
`08 APR 28 Pl‘ 5' 26
`U.S. PATENT
`AND
`'."i'2M3El"1.l=\RK OFFICE
`
`gERTA= INC”
`
`Plaintiff,
`
`v.
`
`COMMERCIAL HOSPITALITY,
`COMMERCIAL PROPERTY SUPPLY D/B/A
`
`COMMERCIAL SUPPLY COMPANY, and
`PATEL PROPERTIES ASSOCIATION,
`
`Defendants.
`
`\w"w/%"%/%/%/\/\/\./\/\./%J%/%/
`
`CASE NO.:
`
`JUDGE:
`
`VERIFIED COMPLAINT AND
`JURY DEMAND
`
`Plaintiff, Serta, Inc., for its Verified Complaint against Defendants Commercial
`
`Hospitality, Commercial Property Supply d/b/a Commercial Supply Company, and Patel
`
`Properties Association, states as follows:
`
`PARTIES
`
`1.
`
`Plaintiff, Serta, Inc. is a Delaware corporation with its principal place of business
`
`in Hoffman Estates, Illinois.
`
`2.
`
`Defendant Commercial Hospitality is an Ohio business with its principal place of
`
`business in Mayfield Heights, Ohio.
`
`3.
`
`Defendant Commercial Property Supply d/b/a Commercial Supply Company is an
`
`Ohio business with its principal place of business in Berea, Ohio.
`
`4.
`
`Defendant Patel Properties Association is an Ohio business with its principal
`
`place of business in Richmond Heights, Ohio.
`
`

`
`Case 1:07-cv-02823-KMO Document 1
`
`Filed 09/18/2007
`
`Page 2 of 12
`
`JURISDICTION AND VENUE
`
`5.
`
`The matter in controversy exceeds the sum of $75,000, exclusive of interest and
`
`costs, and is between citizens of different states. This Court has diversity jurisdiction over this
`
`action pursuant to 28 U.S.C. § 1332.
`
`6.
`
`The claims made in this Verified Complaint arise under the trademark laws of the
`
`United States, 15 U.S.C. § 1051 et seq. and Ohio state law. This Court has jurisdiction over this
`
`action pursuant to 28 U.S.C. § 133 8(a), 15 U.S.C. § 1121 and the principles of supplemental
`
`jurisdiction.
`
`7.
`
`Venue properly lies in the Northern District of Ohio pursuant to 28 U.S.C. §
`
`1391(b) and (c) because Defendants reside in the Northern District of Ohio and a substantial part
`
`of the events giving rise to this claim arose in the Northern District of Ohio.
`
`GENERAL FACTUAL ALLEGATIONS
`
`8.
`
`Serta, through its licensees, is one of the world’s largest manufacturers of
`
`mattresses, mattress foundations and other bedding products. Serta has been using the SERTA
`
`mark to identify its goods since the 19405. Serta is the owner of all rights in the SERTA
`
`trademark, including United States Trademark Registrations Nos. 2,041,918; 2,041,919; and
`
`1,864,743. Serta is also the owner of all rights in the Counting Sheep trademark, the PERFECT
`
`SLEEPER trademark, and the FIREBLOCKER trademark, including United States Trademark
`
`Registration Nos. 2,822,203, 2,037,182, and 2,927,018 (collectively, the “Serta Trademarks”).
`
`Copies of the certificates of registration are attached hereto as Exhibit A.
`
`9.
`
`Serta’s products are available in over six thousand fiirniture and department
`
`stores, sleep specialty shops and national chain stores in the United States and Canada alone.
`
`

`
`Case 1:07-cv-02823-KMO Document 1
`
`Filed 09/18/2007
`
`Page 3 of ‘I2
`
`Serta’s products are advertised on television, radio and in national newspapers. In addition,
`
`Serta has twenty-four plants in the United States, four in Canada and more than twenty abroad.
`
`10.
`
`Serta is the nation’s number one supplier of mattresses to hotels and motels.
`
`Ser1a’s hotel and motel customers include Hilton Hotels, Bellagio Hotel and Casino, Wyndham
`
`Hotels, Quality Inns and Suites, Comfort Inns, Embassy Suites, Hampton Inn, Doubletree Hotels,
`
`and MGM Grand Hotel and Casino.
`
`1 1.
`
`As a result of its widespread use of the Serta Trademarks, Serta has built
`
`substantial goodwill and a reputation for the highest quality bedding products.
`
`12.
`
`Serta recently became aware that Defendants are using the Serta Trademarks in
`
`print advertisements without Serta’s authorization. Copies of the print advertisements are
`
`attached hereto as Exhibit B.
`
`13.
`
`Defendants are not licensees of Serta, nor are Defendants otherwise authorized to
`
`use any of the Serta Trademarks for any purpose or to sell Serta products.
`
`14.
`
`Upon information and belief, despite advertising Serta products, Defendants do
`
`not maintain a commercially reasonable inventory of Serta products.
`
`15.
`
`Defendants’ use of the Serta Trademarks in connection with Defendants’
`
`advertisements for mattresses and bedding products is likely to bring Serta’s trademarks into
`
`disrepute.
`
`16.
`
`Upon information and belief, Defendants are trading on Serta’s goodwill and
`
`reputation for high quality bedding by faxing advertisements to hotels advertising Serta products
`
`which they do not have in inventory and are unable to deliver. Defendants’ advertising materials
`
`purport to offer for sale Serta branded mattresses and prominently use the Serta Trademarks. See
`
`

`
`Case 1:07-cv-02823-KMO Document 1
`
`Filed 09/18/2007
`
`Page 4 of 12
`
`Exhibit B. Defendants at no time have had any right, permission or authorization to use any of
`
`Serta’ s marks.
`
`17. When consumers attempt to purchase Serta mattresses from Defendants,
`
`Defendants request full payment in advance of shipment and delivery with the promise that the
`
`goods will be shipped in several days. Once payment is received, Defendants do not ship the
`
`ordered products or deliver merchandise that is damaged or of a lesser quality than what was
`
`advertised.
`
`18.
`
`In response to Defendants’ faxed advertisement, the Best Western Hotel in Prairie
`
`Du Chien, Wisconsin ordered eleven Serta mattresses from Defendants. Defendants accepted
`
`payment for eleven Serta mattresses from the Best Western Hotel, but never delivered any
`
`product to the Best Western Hotel.
`
`19.
`
`On information and belief, other hotels and motels have similarly ordered and
`
`paid for Serta mattresses from Defendants, and Defendants have failed to deliver the ordered
`
`Serta mattresses.
`
`20.
`
`Serta has received complaints from customers of Defendants regarding
`
`Defendants, their business practices and their products. As a result of Defendants’ unauthorized
`
`and deceptive use of Serta Trademarks, consumers have been confused into believing that
`
`Defendants and their products are authorized by or affiliated with Serta.
`
`21.
`
`Unless enjoined by this Court, Defendants’ use of the Serta Trademarks as
`
`aforesaid, will continue to cause confusion and deception in the marketplace, resulting in
`
`immediate and direct harm to Serta.
`
`22.
`
`On June 26, 2007, Serta, through its attorneys, demanded that Defendant
`
`Commercial Supply Company cease and desist from all use of Serta’s trademarks and
`
`

`
`Case 1:07-Cv-02823-KMO Document 1
`
`Filed 09/18/2007
`
`Page 5 of 12
`
`advertising or promotional materials purporting to sell Serta products. A copy of this letter is
`
`attached hereto as Exhibit C.
`
`23.
`
`Since that time, Defendants have willfully disregarded Serta’s exclusive rights to
`
`the Serta Trademarks and have continued to use the Serta Trademarks to mislead consumers and
`
`in an attempt to solicit payment for Serta branded mattresses that are subsequently not delivered.
`
`COUNT I
`
`DECEPTIVE TRADE PRACTICES UNDER OHIO STATE LAW
`
`24.
`
`Serta realleges and incorporates herein by reference the allegations contained in
`
`paragraphs 1 through 23 of its Verified Complaint.
`
`25.
`
`By reason of Defendants’ acts set forth above, Serta has been severely injured in
`
`its business and its property. The injury to Serta continues to be immediate and irreparable. An
`
`award of monetary damages alone cannot fully compensate Serta for its injuries and Serta has no
`
`adequate remedy at law.
`
`26.
`
`Defendants’ acts set forth above constitute false advertising and deceptive trade
`
`practices in violation of the Ohio Uniform Deceptive Trade Practices Act, Ohio Rev. Code §
`
`4165.01 et seq. Defendants have violated the Ohio Uniform Deceptive Trade Practices Act by
`
`causing likelihood of confusion as to the source of their advertised mattresses and by causing
`
`likelihood of confusion as to Defendants’ affiliation, connection, or association with, or by Serta.
`
`Defendants have also violated the Ohio Uniform Deceptive Trade Practices Act by advertising
`
`Serta mattresses for sale when at no point did Defendants intend to sell and deliver Serta
`
`mattresses. Defendants have also violated the Ohio Uniform Deceptive Trade Practices Act by
`
`advertising Serta mattresses with the intent not to supply reasonably expectable, or any, public
`
`demand. Further, Defendants’ foregoing acts of false advertising have been willful.
`
`

`
`Case 1:07-cv-02823-KMO Document 1
`
`Filed 09/18/2007
`
`Page 6 of 12
`
`COUNT II
`
`UNFAIR COMPETITION UNDER THE LANHAM ACT
`
`27.
`
`Serta realleges and incorporates herein by reference the allegations contained in
`
`Paragraphs 1 through 26 of its Verified Complaint.
`
`28.
`
`Defendants’ use of Serta’s registered Serta Trademarks is calculated and likely to
`
`cause confusion and deception. The public is likely to believe, and actually has believed, that
`
`Defendants’ business and the mattresses offered for sale or sold by Defendants are licensed,
`
`sponsored, authorized or are in some way associated or connected with Serta.
`
`29.
`
`Defendants have deliberately misled the public and the trade into believing that
`
`Defendants’ business and the mattresses offered for sale or sold by Defendants are sponsored,
`
`authorized, or approved by or are in some way associated with Serta.
`
`30.
`
`Defendants, by reason of its acts set forth above, have made profits to which they
`
`are not in equity or good conscience entitled.
`
`3 1.
`
`By reason of Defendants’ acts set forth above, Serta has been severely injured in
`
`its business and its property. The injury to Serta continues to be immediate and irreparable. An
`
`award of monetary damages alone carmot fully compensate Serta for its injuries and Serta has no
`
`adequate remedy at law.
`
`32.
`
`Defendants’ acts set forth above constitute unfair competition in violation of
`
`Section 43(a) ofthe Lanham Act, 15 U.S.C. § 1125(a).
`
`33.
`
`The foregoing acts of unfair competition have been deliberate, willful and
`
`wanton, making this an exceptional case within the meaning of 15 U.S.C. § 1117.
`
`

`
`Case 1:0‘/—cv-02823-KMO Document 1
`
`Filed 09/18/2007
`
`Page 7 of 12
`
`COUNT III
`
`TRADEMARK INFRINGEMENT UNDER THE LANHAM ACT
`
`34.
`
`Serta realleges and incorporates herein by reference the allegations contained in
`
`paragraphs 1 through 33 of its Verified Complaint.
`
`35.
`
`Serta owns all rights in the Serta Trademarks for use in association with
`
`mattresses, mattress foundations, and mattress pads. Defendants’ use of the Serta Trademarks is
`
`likely to cause confusion, mistake or to deceive as to the affiliation, connection, or association of
`
`Defendants with Serta’s use of its Serta Trademarks.
`
`36.
`
`Defendants’ acts set forth above constitute intentional and willfiil infringement of
`
`Serta’s rights in and to the Serta Trademarks, in violation of Section 32(1) of the Lanham Act, 15
`
`U.S.C. § 1114(1).
`
`37.
`
`By reason of Defendants’ acts set forth above, Serta has been severely injured in
`
`its business and its property. The injury to Sena continues to be immediate and irreparable. An
`
`award of monetary damages alone cannot fully compensate Serta for its injuries and Serta has no
`
`adequate remedy at law.
`
`38.
`
`The foregoing acts of infringement have been deliberate, willful and wanton,
`
`making this an exceptional case within the meaning of 15 U.S.C. § 1117.
`
`COUNT IV
`
`COMMON LAW UNFAIR COMPETITION
`
`39.
`
`Serta realleges and incorporates herein by reference the allegations contained in
`
`paragraphs 1 through 38 of its Verified Complaint.
`
`40.
`
`By reason of Defendants’ acts set forth above, Serta has been severely injured in
`
`its business and its property. The injury to Serta continues to be immediate and irreparable. An
`
`

`
`Case 1:07—cv—02823-KMO Document 1
`
`Filed 09/18/2007
`
`Page 8 of 12
`
`award of monetary damages alone cannot fully compensate Serta for its injuries and Serta has no
`
`adequate remedy at law.
`
`41.
`
`Defendants’ acts set forth above constitute unfair competition and an infringement
`
`of Serta’s common law rights in the Serta Trademarks.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff Serta requests this Court to enter the following relief for Sena
`
`and against Defendants and its officers, directors, agents, representatives, attorneys, and all
`
`persons acting or claiming to act on its behalf or under its direction or authority, and all persons
`
`acting in concert or in participation with Defendants.
`
`1.
`
`An order preliminarily and permanently enjoining the use, in any manner
`
`whatsoever, of the Serta Trademarks or any other mark which is a colorable imitation or is
`
`confusingly similar in any manner to the Serta Trademarks, including phonetic equivalents;
`
`2.
`
`An order permanently enjoining the representation, in any manner or by any
`
`method whatsoever, that Defendants’ business and any goods sold by Defendants are sponsored,
`
`approved, or authorized by Serta, or from otherwise taking any action likely to cause confusion,
`
`mistake, or deception on the public as to the origin, approval, sponsorship or certification of
`
`Defendants’ goods or services;
`
`3.
`
`An order requiring Defendants and its distributors to deliver up to the Court any
`
`and all packaging, advertisements, point of sale signs, brochures, promotional items, and the like
`
`in its possession or control which might, if sold or used in conjunction with the sale, distribution,
`
`or promotion of any product violate any injunction granted herein;
`
`

`
`Case 1:07-cv—02823—KMO Document 1
`
`Filed 09/18/2007
`
`Page 9 of 12
`
`4.
`
`An order restraining and enjoining Defendants from doing and engaging in any of
`
`the acts described above and be directed to conform with each and every provision of this prayer
`
`for relief;
`
`5.
`
`That Serta have an accounting for damages and for all the profits together with
`
`those profits lost by Serta due to the actions of Defendants claimed of herein;
`
`6.
`
`That the damages assessed against Defendants be trebled pursuant to 15 U.S.C.
`
`§ 1117;
`
`7.
`
`That Defendants pay Serta’s costs and disbursements in pursuing this action,
`
`including its reasonable attorneys’ fees pursuant to Section 35 of the Lanham Act, 15 U.S.C. §
`
`1117(a) and § 4165.03 ofthe Ohio Revised Code; and
`
`8.
`
`That Serta have such other and further relief as this Court may deem appropriate.
`
`

`
`Case 1:07-cv—O2823-KMO Document 1
`
`Filed 09/18/2007
`
`Page 10 of 12
`
`Dated: September 18, 2007
`
`Respectfully submitted,
`
`By: /s/ Josegh P. Rodgers
`Joseph P. Rodgers (#0069783)
`jrodge1's(c'Dssd.com
`SQUIRE, SANDERS & DEMPSEY L.L.P.
`4900 Key Tower
`127 Public Square
`Cleveland, Ohio 44114-1304
`Phone: (216) 479-8500
`Fax: (216) 479-8780
`
`OF COUNSEL: Richard W. Young
`richard.young@dbr.con1
`Nicole M. Murray
`nico1e.murray@dbr.com
`Jeffrey T. Baravetto
`jeffrey.baravetto((1)d'br.com
`DRINKER BIDDLE & REATH LLP
`
`191 N. Wacker Drive, Suite 3700
`Chicago, Illinois 60606
`Phone: (312) 569- 1000
`Fax: (312) 569-3000
`
`Attorneys for Plaintiff,
`Serta, Inc.
`
`

`
`Case 1:07-cv-02823-KMO Document 1
`
`Filed 09l18/2007
`
`Page 11 of 12
`
`JURY DEMAND
`
`Serta further requests a trial by jury on all issues triable by jury.
`
`Dated: September 13, 2007
`
`Respectfully submitted,
`
`By: /s/ Josegh P. Rodgers
`Joseph P. Rodgers (0069783)
`irodgers(cDssd.com
`SQUIRE, SANDERS & DEMPSEY L.L.P.
`4900 Key Tower
`127 Public Square
`Cleveland, Ohio 44114-1304
`Phone: (216) 479-8500
`Fax: (216)479-8780
`
`OF COUNSEL: Richard W. Young
`richard.young@dbr.com
`Nicole M. Murray
`nicoie.murraygd)dbr.com
`Jeffrey T. Baravetto
`jeffrey.baravetto§EDdbizcom
`DRINKER BIDDLE & REATH LLP
`
`191 N. Wacker Drive, Suite 3700
`Chicago, Illinois 60606
`Phone: (312) 569-1000
`Fax: (312) 569-3000
`
`Attorneys for Plaintiff,
`Serta, Inc.
`
`

`
`Case 1:07—cv—O2823-KMO Document 1
`
`Filed 09/18/2007
`
`Page 12 of 12
`
`VERI F1 CATLON
`
`1. James Polark, verify that 1 am the Chief Financial Officer at Sena, h1c., that I have read the
`feregoing Verified Complaint, that the allegations made therein are true to the best of my
`knowledge, and that allegations made upon information and belief are believed by me to be true.
`.5 /\
`F’;
`K‘ Bi;
`'*
`\
`
`Executed on: September 113", 2007
`
`CHO?! 22-lf?6|‘/‘OJ
`
`lverifyunderpenaltyofperjurythatthe foregoingisillru andcorrect.
`
`T
`
`-
`
`;
`
`3,
`
`

`
`Case 1:07—cv-02823—KMO Document 16
`
`Filed 03/07/2008
`
`Page 1 of 1
`
`_ _0FFlCE or THE
`.";.‘t-JERAL COUNSEL
`
`ZUUBAPR 28 PH 5= 26
`
`U.S. PATENT
`AND
`UNITED STATES DIsTRIcT"<3“(9’éii/W‘ OFHCF
`NORTHERN DISTRICT op OHIO
`EASTERN DIVISION
`
`SERTA, INC.,
`
`Plaintiff,
`
`CASE NO.: 1:07-cv-2823
`
`V.
`
`JUDGE: KATHLEEN M. O’MALLEY
`
`FINAL ORDER OF JUDGMENT
`
`COMMERCIAL HOSPITALITY,
`COMMERCIAL PROPERTY SUPPLY )
`D/B/A COMMERCIAL SUPPLY
`)
`COMPANY, and PATEL PROPERTIES)
`ASSOCIATION,
`
`) )
`
`Defendants.
`
`)
`
`Final Judgment is hereby ENTERED in favor of Plaintiffand against Defendants. The Court
`
`hereby ENTERS a PERMANENT INJUNCTION in favor of Plaintiffand against Defendants, the
`
`terms of which are outlined in the Court’s November 2, 2007 order (Doc. 11).
`
`Further, pursuant to this Court's order of this date, the Court hereby AWARDS to Plaintiff
`
`fees and costs in the amount of $14,625.13, to be paid by Defendants immediately.
`
`IT IS SO ORDERED.
`
`Dated: March 7, 2008
`
`s\Kathleen M. O’Malley
`KATHLEEN McDONALD O’MALLEY
`UNITED STATES DISTRICT COURT JUDGE