Jimenez Works v. Otsuka - '1435 Complaint

Case 2:17-cv-01435-KJM-KJN Document 1 Filed 07/12/17 Page 1 of 17
John D. Pernick (Bar No. 155468)

1 jpernick@be-law.com
2 BERGESON LLP
2033 Gateway Place, Suite 300
3 San Jose, CA 95110
Telephone: (408) 291-6200
4 Facsimile: (408) 297-6000
5 Jeffrey D. Shewchuk (Pro Hac Vice Pending)
jdshewchuk@comcast.net
6 SHEWCHUK IP SERVICES, LLC
3356 Sherman Ct. Ste. 102
7 Eagan, MN 55121
Telephone: (651)331-9558
8 Facsimile: (651)688-3348
9 Attorneys for Plaintiff
Jimenez Works, L.L.C.
10
11 IN THE UNITED STATES DISTRICT COURT
12 FOR THE EASTERN DISTRICT OF CALIFORNIA
13
14 JIMENEZ WORKS, L.L.C. a Texas limited ) Case No.:
liability company )
15 ) COMPLAINT FOR
Plaintiff, ) (1) Design Patent Infringement (35
16 ) U.S.C. 271 & 289)
v. ) (2) Copyright Infringement (17 U.S.C.
17 ) 106 & 501)
IVAN OTSUKA, d/b/a HALL OF FAME )
18 JEWELRY, a California individual )
)
19 and )
)
20 HALL OF FAME SERVICE, LLC, a )
California Limited Liability Company )
21 )
Defendants.
22 )
)
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COMPLAINT
1 For its Complaint herein, Plaintiff Jimenez Works, L.L.C. alleges as follows:
2 PARTIES
3 1. Plaintiff Jimenez Works, L.L.C. (hereinafter Plaintiff Jimenez Works) is a
4 limited liability company organized and existing under the laws of Texas having an address
5 and principle place of business at 24A Lasalle Avenue, Suite A, Waco, Texas 76706.
6 2. Upon information and belief, Defendant Ivan Otsuka (hereinafter Defendant
7 Otsuka) is a California individual residing at 1722 G. Street, Apt. 10, Sacramento, California
8 95811.
9 3. Upon information and belief, Defendant Otsuka does business under an
10 assumed name as Hall of Fame Jewelry, including operating the website at
11 www.hofjewelry.com.
12 4. Defendant Hall of Fame Service, LLC (hereinafter Defendant HoF) is a
13 California limited liability company having an address and principle place of business at 1722
14 G. Street, Apt. 10, Sacramento, California 95811.
15 5. Defendant Otsuka is the managing member of Defendant HoF. Upon
16 information and belief, Defendant Otsuka is the sole member of Defendant HoF.
17 6. Upon information and belief, each of the Defendants was the agent and/or
18 alter ego of the other Defendant and, in doing the things alleged in this complaint, was acting
19 within the course and scope of such agency.
20 SUBJECT MATTER JURISDICTION
21 7. This is an action for patent infringement under the Patent Laws of the United
22 States, 35 U.S.C. 1 et seq., and particularly 35 U.S.C. 271 and 289, and for copyright
23 infringement under the Copyright Laws of the United States, 17 U.S.C. 101 et seq. and
24 particularly 35 U.S.C. 106 and 501.
25 8. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and
26 1338(a).
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COMPLAINT
1 PERSONAL JURISDICTION AND VENUE
2 9. Defendant Otsuka resides in this district Defendant HoF resides in this district,
3 and a substantial part of the events or omissions giving rise to the claim occurred in this
4 district. Venue is proper in this district pursuant to 28 U.S.C. 1391 and 28 U.S.C. 1400(a)
5 and (b).
6 COUNT I DESIGN PATENT INFRINGEMENT UNDER 35 U.S.C. 271 and 289
7 Plaintiff Jimenez Works repeats and incorporates by reference the allegations of
8 paragraphs 1-9 as though set forth fully and independently herein.
9 10. United States Patent No. D786,122 (122 Patent) was duly and legally
10 issued by the United States Patent and Trademark Office on May 9, 2017 and is valid and
11 subsisting and in full force and effect.
12 11. A true and correct copy of the 122 patent, which is incorporated herein by
13 reference, is attached as Exhibit A to this Complaint.
14 12. By virtue of a written assignment from the inventors Adam Jimenez and
15 Robert Jimenez, Plaintiff Jimenez Works is the owner of all right, title, and interest in the
16 122 patent.
17 13. During the term of the 122 patent, Defendants Otsuka and HoF have offered
18 for sale and sold, at least at the websites www.hofjewelry.com, www/hof-

19 jewelry.myshopify.com and www.instagram.com/hof_jewelry in the United States, the
20 stacked bat cross pendants shown in Exhibit B to this Complaint (Exhibit B infringing
21 products). At least at the website www/hof-jewelry.myshopify.com, Defendants Otsuka and
22 HoF continue to do so.
23 14. A side-by-side comparison of the patented design of the 122 patent on the left
24 and the Exhibit B infringing products is shown below.
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COMPLAINT
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8 FIG. 2
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11 15. Defendants Otsuka and HoF were put on notice of the infringement at least by
12 a letter from Plaintiff Jimenez Works received by Defendants Otsuka and HoF on May 15,
13 2017.
14 16. Defendants Otsuka and HoF continue to sell and offer for sale the Exhibit B
15 infringing products after being put on notice of the infringement.
16 17. On information and belief, during the term of the 122 patent, Defendants
17 Otsuka and HoF have made in the United States and/or imported into the United States the
18 Exhibit B infringing products.
19 18. During the term of the 122 patent, Defendants Otsuka and HoF have offered
20 for sale and sold, at least at the websites www.hofjewelry.com, www/hof-
21 jewelry.myshopify.com and www.instagram.com/hof_jewelry in the United States, the
22 stacked bat cross pendants shown in Exhibit C to this Complaint (Exhibit C infringing
23 products), and continue to do so.
24 19. A side-by-side comparison of the patented design of the 122 patent on the left
25 and the Exhibit C infringing products is shown below.
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COMPLAINT
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11 20. Upon information and belief, during the term of the 122 patent, Defendants
12 Otsuka and HoF have made in the United States and/or imported into the United States the
13 Exhibit C infringing products.
14 21. Defendants Otsuka and HoF have infringed and continue to infringe the 122
15 patent by, inter alia, making, using, offering to sell, or selling in the United States or
16 importing into the United States products infringing the ornamental design covered by the
17 122 patent in violation of 35 U.S.C. 271 and 289, including but not limited to the Exhibit
18 B infringing products and the Exhibit C infringing products.
19 22. Defendants Otsukas and HoFs infringement of the 122 patent has been
20 willful, wanton, egregious, and with disregard of Plaintiff Jimenez Works patent rights and
21 will continue unabated unless enjoined by this Court.
22 23. Unless the future occurrence of these actions is enjoined, Plaintiff Jimenez
23 Works will suffer irreparable injury for which there is no adequate remedy at law.
24 24. Plaintiff Jimenez Works is entitled to an award of Defendants profits,
25 damages caused by Defendants actions, and the costs of this action under 35 USC 284
26 and 289.
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COMPLAINT
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2 25. Because Defendants Otsuka and HoFs wrongful acts alleged herein are
3 willful, this is an extraordinary case entitling Plaintiff Jimenez Works to treble damages and
4 attorneys fees under 35 USC 284 and 285.
5 COUNT II COPYRIGHT INFRINGEMENT UNDER 17 U.S.C. 106 AND 501 OF
6 SCULPTURAL WORK
9 26. In or in about August of 2015, Adam Jimenez created the sculptural work of
10 jewelry shown and detailed in Exhibit D to this Complaint, entitled The Original Baseball
11 Bat Cross. (Copyrighted Sculptural Work).
12 27. The Copyrighted Sculptural Work is an original work of expression under 17
13 U.S.C. 102(a)(5). Copyright protection existed in the Copyrighted Sculptural Work from the
14 moment it was fixed in a tangible medium of expression.
15 28. By virtue of written assignments, first from the author Adam Jimenez to
16 FiveBaseballJewelry, LLC, d/b/a Five Tool Baseball (FiveTool), and then from FiveTool to
17 Plaintiff Jimenez Works, Plaintiff Jimenez Works is the owner of all right, title, and interest
18 in the Copyrighted Sculptural Work.
19 29. Plaintiff Jimenez Works copyright in the Copyrighted Sculptural Work is
20 valid and subsisting and in full force and effect.
21 30. Plaintiff Jimenez Works has filed for copyright registration in the Copyrighted
22 Sculptural Work, Copyright Application Case No. 1-5532564311, with a print-out of the
23 copyright registration application data shown in Exhibit E to this Complaint. Exhibit D is a
24 copy of the deposit copy provided to the U.S. Copyright Office for Copyright Application
25 Case No. 1-5532564311.
26 31. Images of the Copyrighted Sculptural Work were made publicly available by
27 October 15, 2015 by posting such images on the internet at
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COMPLAINT
1 https://www.instagram/fivetoolbaseballjewelry/, https://fivetool-baseball.com, and
2 https://www.facebook.com/fivetoolbaseballjewelry/.
3 32. During the term of Plaintiffs copyright in the Copyrighted Sculptural Work,
4 Defendants Otsuka and HoF reproduced, distributed and publicly displayed, at least at the
5 websites www.hofjewelry.com, www/hof-jewelry.myshopify.com and
6 www.instagram.com/hof_jewelry in the United States, the stacked bat cross pendants shown
7 in Exhibit B to this Complaint (Exhibit B infringing products).
8 33. A side-by-side comparison of the Copyrighted Sculptural Work on the left and
9 the Exhibit B infringing products is shown below.
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20 34. Prior to creation of the design for the Exhibit B infringing products,
21 Defendants Otsuka and HoF had access to at least images of the Copyrighted Sculptural
22 Work.
23 35. Defendants Otsuka and HoF were put on notice of the infringement at least by
24 a letter received by Defendants Otsuka and HoF on or about August 2, 2016.
25 36. Defendants Otsuka and HoF continue to reproduce, distribute and publicly
26 display the Exhibit B infringing products after being put on notice of the infringement.
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COMPLAINT
2 Defendant Otsuka created derivative works of the Copyrighted Sculptural Work, including
3 the stacked bat cross pendants shown in Exhibit C to this Complaint (Exhibit C infringing
4 products).
5 38. Upon information and belief, Defendant Otsukas creation of derivative works
6 occurred in the United States.
8 Defendants Otsuka and HoF reproduced, distributed and publicly displayed, at least at the
9 websites www.hofjewelry.com, www/hof-jewelry.myshopify.com and
10 www.instagram.com/hof_jewelry in the United States, the Exhibit C infringing products.
11 40. A side-by-side comparison of the Copyrighted Sculptural Work on the left and
12 the Exhibit C infringing products is shown below.
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22 41. Defendants Otsuka and HoF have infringed and continue to infringe
23 Plaintiffs copyright in the Copyrighted Sculptural Work by, inter alia, reproducing,
24 distributing, publicly displaying sculptural works which copy the Copyrighted Sculptural
25 Work, and by creating derivative works in the United States of the Copyrighted Sculptural
26 Work, in violation of 17 U.S.C. 106 and 501, including but not limited to the Exhibit B
27 infringing products and the Exhibit C infringing products.
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COMPLAINT
1 42. Defendants Otsukas and HoFs infringement of Plaintiffs copyright in the
2 Copyrighted Sculptural Work has been willful, wanton, egregious, and with disregard of
3 Plaintiff Jimenez Works copyright rights and will continue unabated unless enjoined by this
4 Court.
7 44. Plaintiff Jimenez Works is entitled to an award of the actual damages suffered
8 by Plaintiff as a result of the infringement, and any profits of the Defendants that are
9 attributable to the infringement and are not taken into account in computing the actual
10 damages, under 17 USC 504(b).
11 45. Plaintiff Jimenez Works is entitled to an award of its full costs and reasonable
12 attorneys fees under 17 USC 505.
13 COUNT III COPYRIGHT INFRINGEMENT UNDER 17 U.S.C. 106 AND 501 OF
14 IN-GLOVE PHOTOGRAPHIC WORK
17 46. In or in about October of 2015, Adam Jimenez created the photographic work
18 shown in Exhibit F to this Complaint, entitled Glove, Ball and Baseball Bat Cross Picture.
19 (Copyrighted In-Glove Photographic Work).
20 47. The Copyrighted In-Glove Photographic Work is an original work of
21 expression under 17 U.S.C. 102(a)(5). Copyright protection existed in the Copyrighted In-
22 Glove Photographic Work from the moment it was fixed in a tangible medium of expression.
23 48. By virtue of written assignments, from the author Adam Jimenez to Plaintiff
24 Jimenez Works, Plaintiff Jimenez Works is the owner of all right, title, and interest in the
25 Copyrighted Sculptural Work.
26 49. Plaintiff Jimenez Works copyright in the Copyrighted In-Glove Photographic

27 Work is valid and subsisting and in full force and effect.
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COMPLAINT
3 copyright registration application data shown in Exhibit G to this Complaint. Exhibit F is a
5 Case No. 1-5550472161.
6 51. Images of the Copyrighted In-Glove Photographic Work were made publicly
7 available by October 23, 2015 by posting such images on the internet at
10 52. During the term of Plaintiffs copyright in the Copyrighted In-Glove
11 Photographic Work, Defendants Otsuka and HoF reproduced, distributed and publicly
12 displayed, at least at the website www.instagram.com/hof_jewelry in the United States, the
13 glove, ball and baseball bat cross photo shown in Exhibit H to this Complaint (Exhibit H
14 infringing photo).
15 53. A side-by-side comparison of the Copyrighted In-Glove Photographic Work
16 on the left and the Exhibit H infringing photo is shown below.
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COMPLAINT
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11 54. Prior to creation of the Exhibit H infringing photo, Defendants Otsuka and
12 HoF had access to the Copyrighted In-Glove Photographic Work.
14 display the Exhibit H infringing photo.
15 56. During the term of Plaintiffs copyright in the Copyrighted In-Glove
16 Photographic Work, Defendant Otsuka created derivative works of the Copyrighted In-Glove
17 Photographic Work, including the Exhibit H infringing photo.
21 Plaintiffs copyright in the Copyrighted In-Glove Photographic Work by, inter alia,
22 reproducing, distributing, publicly displaying images which copy the Copyrighted In-Glove
23 Photographic Work, and by creating derivative works in the United States of the Copyrighted
24 In-Glove Photographic Work, in violation of 17 U.S.C. 106 and 501, including but not
25 limited to the Exhibit H infringing photo.
27 Copyrighted In-Glove Photographic Work has been willful, wanton, egregious, and with
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COMPLAINT
1 disregard of Plaintiff Jimenez Works copyright rights and will continue unabated unless
2 enjoined by this Court.
11 COUNT IV COPYRIGHT INFRINGEMENT UNDER 17 U.S.C. 106 AND 501 OF
12 ON-BALL PHOTOGRAPHIC WORK
15 63. In or in about October of 2015, Adam Jimenez created the photographic work
16 shown in Exhibit I to this Complaint, entitled Glove, Ball and Baseball Bat Cross Picture.
17 (Copyrighted On-Ball Photographic Work).
18 64. The Copyrighted On-Ball Photographic Work is an original work of

19 expression under 17 U.S.C. 102(a)(5). Copyright protection existed in the Copyrighted On-
20 Ball Photographic Work from the moment it was fixed in a tangible medium of expression.
21 65. By virtue of written assignments, first from the author Adam Jimenez to
22 FiveBaseballJewelry, LLC, d/b/a Five Tool Baseball (FiveTool), and then from FiveTool to
23 Plaintiff Jimenez Works, Plaintiff Jimenez Works is the owner of all right, title, and interest
24 in the Copyrighted Sculptural Work.
25 66. Plaintiff Jimenez Works copyright in the Copyrighted On-Ball Photographic
26 Work is valid and subsisting and in full force and effect.

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COMPLAINT
2 copyright registration application data shown in Exhibit J to this Complaint. Exhibit I is a
4 Case No. 1-5553609611.
5 67. Images of the Copyrighted On-Ball Photographic Work were made publicly
6 available by October 15, 2015 by posting such images on the internet at
9 68. During the term of Plaintiffs copyright in the Copyrighted On-Ball
10 Photographic Work, Defendants Otsuka and HoF reproduced, distributed and publicly
11 displayed, at least at the website www.instagram.com/hof_jewelry in the United States, the
12 ball and baseball bat cross photos shown in Exhibit K to this Complaint (Exhibit K
13 infringing photos).
14 69. A side-by-side comparison of the Copyrighted On-Ball Photographic Work on
15 the left and the Exhibit K infringing photos is shown below.
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24 70. Prior to creation of the Exhibit K infringing photos, Defendants Otsuka and
25 HoF had access to the Copyrighted On-Ball Photographic Work.
27 display the Exhibit K infringing photos.
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COMPLAINT
1 72. During the term of Plaintiffs copyright in the Copyrighted On-Ball
2 Photographic Work, Defendant Otsuka created derivative works of the Copyrighted On-Ball
3 Photographic Work, including the Exhibit K infringing photos.
7 Plaintiffs copyright in the Copyrighted On-Ball Photographic Work by, inter alia,
8 reproducing, distributing, publicly displaying images which copy the Copyrighted On-Ball
9 Photographic Work, and by creating derivative works in the United States of the Copyrighted
10 On-Ball Photographic Work, in violation of 17 U.S.C. 106 and 501, including but not
11 limited to the Exhibit K infringing photos.
13 Copyrighted On-Ball Photographic Work has been willful, wanton, egregious, and with
14 disregard of Plaintiff Jimenez Works copyright rights and will continue unabated unless
15 enjoined by this Court.
24 PRAYER FOR RELIEF
25 WHEREFORE, Plaintiff Jimenez Works respectfully requests that this Court grant judgment:
26
(a) that the 122 Patent is infringed by Defendants Otsuka and HoF;
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28 (b) that Defendants Otsuka and HoF, and their agents, employees, officers,
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COMPLAINT
servants, representatives, successors and assigns and others in active concert or in

1
2 participation with Defendants, be permanently enjoined from making, using, selling, offering
3 for sale or importing products which infringe the 122 Patent;
4 (c) that Plaintiff Jimenez Works be compensated for the damages caused by
5 Defendants infringement under 35 U.S.C. 284, in an amount to be determined by an
6
accounting, but not less than a reasonable royalty, plus interest;
7
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(d) that the award of damages be trebled as provided for by 35 U.S.C. 284 for
9
10 willful infringement;
11 (e) that Plaintiff Jimenez Works copyright in the Copyrighted Sculptural Work is
12 infringed by Defendants Otsuka and HoF;
13
(f) that Defendants Otsuka and HoF, and their agents, employees, officers,
14
servants, representatives, successors and assigns and others in active concert or in
15
participation with Defendants, be permanently enjoined from reproducing, distributing,
16
17 publicly displaying or creating derivative works of the Copyrighted Sculptural Work;
18 (g) that all of Defendant Otsuka and HoFs copies and derivative works of the
19 Copyrighted Sculptural Work, and all molds and other means of making such copies and
20 derivative works in possession of Defendants Otsuka or HoF, be delivered up and
21
impounded;
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(h) that Plaintiff Jimenez Works copyright in the Copyrighted In-Glove
23
Photographic Work is infringed by Defendants Otsuka and HoF;
24
25 (i) that Defendants Otsuka and HoF, and their agents, employees, officers,
26 servants, representatives, successors and assigns and others in active concert or in
27 participation with Defendants, be permanently enjoined from reproducing, distributing,

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COMPLAINT
publicly displaying or creating derivative works of the Copyrighted In-Glove Photographic

1
2 Work;
3 (j) that all of Defendant Otsuka and HoFs copies and derivative works of the
4 Copyrighted In-Glove Photographic Work, and all digital image files, negatives and other
5 means of making such copies and derivative works in possession of Defendants Otsuka or
6
HoF, be delivered up and impounded;
7
(k) that Plaintiff Jimenez Works copyright in the Copyrighted On-Ball
8
Photographic Work is infringed by Defendants Otsuka and HoF;
9
10 (l) that Defendants Otsuka and HoF, and their agents, employees, officers,
11 servants, representatives, successors and assigns and others in active concert or in
12 participation with Defendants, be permanently enjoined from reproducing, distributing,

13
publicly displaying or creating derivative works of the Copyrighted On-Ball Photographic
14
Work;
15
(m) that all of Defendant Otsuka and HoFs copies and derivative works of the
16
Copyrighted On-Ball Photographic Work, and all digital image files, negatives and other
17
18 means of making such copies and derivative works in possession of Defendants Otsuka or
19 HoF, be delivered up and impounded;

20 (n) that Plaintiff Jimenez Works be compensated for the damages caused and
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profits obtained by Defendants infringement under 17 U.S.C. 504, in an amount to be
22
determined by an accounting, plus interest;
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(o) that Plaintiff Jimenez Works be awarded its costs and attorneys' fees incurred
24
25 in prosecuting this action, as provided for by 35 U.S.C. 285 and/or by 17 U.S.C. 505, plus
26 interest; and
27 (p) any other relief this Court deems just and appropriate.
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COMPLAINT
1 JURY DEMAND
2 Plaintiff Jimenez Works hereby demands a jury trial on all issues so triable.
3
BERGESON LLP
4
5
6 Dated: July 12, 2017 By: /s/ John D. Pernick
John D. Pernick
7 Attorney for Plaintiff Jimenez Works, L.L.C.
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COMPLAINT
JS 44 (Rev. 08/16) CIVIL COVER SHEET
The JS 44 civil cover sheetCase 2:17-cv-01435-KJM-KJN
and the information contained herein neither replace Document 1-1
nor supplement the Filed
filing and 07/12/17
service of pleadings or Page 1 of
other papers 2
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

JIMENEZ WORKS, L.L.C. a Texas limited liability company IVAN OTSUKA, d/b/a HALL OF FAME JEWELRY, a California individual,
and HALL OF FAME SERVICE, LLC, a California Limited Liability Company
(b) County of Residence of First Listed Plaintiff McLennan County, Texas County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
jpernick@be-law.com
BERGESON LLP, 2033 Gateway Place, Suite 300, San Jose, CA 95110
Telephone: (408) 291-6200 / Facsimile: (408) 297-6000
II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
D1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 D D 1 Incorporated or Principal Place D 4 D4
of Business In This State
D2 U.S. Government D4 Diversity Citizen of Another State D2 D 2 Incorporated and Principal Place D 5 D5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a D3 D 3 Foreign Nation D 6 D6

Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only) Click here for: Nature of Suit Code Descriptions.
I CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES I
D 110 Insurance PERSONAL INJURY PERSONAL INJURY D 625 Drug Related Seizure D 422 Appeal 28 USC 158 D 375 False Claims Act
D 120 Marine D 310 Airplane D 365 Personal Injury - of Property 21 USC 881 D 423 Withdrawal D 376 Qui Tam (31 USC
D 130 Miller Act D 315 Airplane Product Product Liability D 690 Other 28 USC 157 3729(a))
D 140 Negotiable Instrument Liability D 367 Health Care/ D 400 State Reapportionment
D 150 Recovery of Overpayment D 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS D 410 Antitrust
& Enforcement of Judgment Slander Personal Injury D 820 Copyrights D 430 Banks and Banking
D 151 Medicare Act D 330 Federal Employers Product Liability 181 830 Patent D 450 Commerce
D 152 Recovery of Defaulted Liability D 368 Asbestos Personal D 840 Trademark D 460 Deportation
Student Loans D 340 Marine Injury Product D 470 Racketeer Influenced and
(Excludes Veterans) D 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations
D 153 Recovery of Overpayment Liability PERSONAL PROPERTY D 710 Fair Labor Standards D 861 HIA (1395ff) D 480 Consumer Credit
of Veterans Benefits D 350 Motor Vehicle D 370 Other Fraud Act D 862 Black Lung (923) D 490 Cable/Sat TV
D 160 Stockholders Suits D 355 Motor Vehicle D 371 Truth in Lending D 720 Labor/Management D 863 DIWC/DIWW (405(g)) D 850 Securities/Commodities/
D 190 Other Contract Product Liability D 380 Other Personal Relations D 864 SSID Title XVI Exchange
D 195 Contract Product Liability D 360 Other Personal Property Damage D 740 Railway Labor Act D 865 RSI (405(g)) D 890 Other Statutory Actions
D 196 Franchise Injury D 385 Property Damage D 751 Family and Medical D 891 Agricultural Acts
D 362 Personal Injury - Product Liability Leave Act D 893 Environmental Matters
Medical Malpractice D 790 Other Labor Litigation D 895 Freedom of Information
I REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS D 791 Employee Retirement FEDERAL TAX SUITS Act
D 210 Land Condemnation D 440 Other Civil Rights Habeas Corpus: Income Security Act D 870 Taxes (U.S. Plaintiff D 896 Arbitration
D 220 Foreclosure D 441 Voting D 463 Alien Detainee or Defendant) D 899 Administrative Procedure
D 230 Rent Lease & Ejectment D 442 Employment D 510 Motions to Vacate D 871 IRSThird Party Act/Review or Appeal of
D 240 Torts to Land D 443 Housing/ Sentence 26 USC 7609 Agency Decision
D 245 Tort Product Liability Accommodations D 530 General D 950 Constitutionality of
D 290 All Other Real Property D 445 Amer. w/Disabilities - D 535 Death Penalty IMMIGRATION State Statutes
Employment Other: D 462 Naturalization Application
D 446 Amer. w/Disabilities - D 540 Mandamus & Other - Other Immigration
D 465
Other D 550 Civil Rights Actions
D 448 Education D 555 Prison Condition
D 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an X in One Box Only)

1 Original D 2 Removed from D 3 Remanded from D 4 Reinstated or D 5 Transferred from D 6 Multidistrict D 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. 271 & 289 - Patent infringement; 17 U.S.C. 106 & 501 - Copyright
VI. CAUSE OF ACTION Brief description of cause:
This is an action for patent infringement and copyright infringement under the Laws of the United States.
VII. REQUESTED IN D CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 08/16)
Case 2:17-cv-01435-KJM-KJN Document 1-1 Filed 07/12/17 Page 2 of 2

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
(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
(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"
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
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. 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.
V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
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PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury 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.

1 jpernick@be-law.com
2 BERGESON LLP
2033 Gateway Place, Suite 300
3 San Jose, CA 95110
Telephone: (408) 291-6200
4 Facsimile: (408) 297-6000
5 Jeffrey D. Shewchuk (Pro Hac Vice Pending)
jdshewchuk@comcast.net
6 SHEWCHUK IP SERVICES, LLC
3356 Sherman Ct. Ste. 102
7 Eagan, MN 55121
Telephone: (651)331-9558
8 Facsimile: (651)688-3348
9 Attorneys for Plaintiff
Jimenez Works, L.L.C.
10
11 IN THE UNITED STATES DISTRICT COURT
12 FOR THE EASTERN DISTRICT OF CALIFORNIA
13
14 JIMENEZ WORKS, L.L.C. a Texas limited ) Case No.:
liability company )
15 )
Plaintiff, ) CORPORATE DISCLOSURE
16 ) STATEMENT
v. )
17 )
IVAN OTSUKA, d/b/a HALL OF FAME )
18 JEWELRY, a California individual )
)
19 and )
)
20 HALL OF FAME SERVICE, LLC, a )
California Limited Liability Company )
21 )
Defendants.
22 )
)
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CORPORATION DISCLOSURE STATEMENT

1 Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, Plaintiff JIMENEZ
2 WORKS, L.L.C. declares it is a limited liability company organized and existing under the
3 laws of Texas.
4
BERGESON LLP
5
6
Dated: July 12, 2017 By: /s/ John D. Pernick
7 John D. Pernick
Attorney for Plaintiff Jimenez Works, L.L.C.
8
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-1-
CORPORATE DISCLOSURE STATEMENT

Jimenez Works v. Otsuka - &#39;1435 Complaint

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Case 2:17-cv-01435-KJM-KJN Document 1 Filed 07/12/17 Page 1 of 17

John D. Pernick (Bar No. 155468)

3 1. Plaintiff Jimenez Works, L.L.C. (hereinafter Plaintiff Jimenez Works) is a

6 2. Upon information and belief, Defendant Ivan Otsuka (hereinafter Defendant

9 3. Upon information and belief, Defendant Otsuka does business under an

10 assumed name as Hall of Fame Jewelry, including operating the website at

12 4. Defendant Hall of Fame Service, LLC (hereinafter Defendant HoF) is a

14 G. Street, Apt. 10, Sacramento, California 95811.

15 5. Defendant Otsuka is the managing member of Defendant HoF. Upon

20 SUBJECT MATTER JURISDICTION

24 particularly 35 U.S.C. 106 and 501.

1 PERSONAL JURISDICTION AND VENUE

6 COUNT I DESIGN PATENT INFRINGEMENT UNDER 35 U.S.C. 271 and 289

7 Plaintiff Jimenez Works repeats and incorporates by reference the allegations of

8 paragraphs 1-9 as though set forth fully and independently herein.

11 subsisting and in full force and effect.

13 reference, is attached as Exhibit A to this Complaint.

18 for sale and sold, at least at the websites www.hofjewelry.com, www/hof-

21 products). At least at the website www/hof-jewelry.myshopify.com, Defendants Otsuka and

22 HoF continue to do so.

24 and the Exhibit B infringing products is shown below.

13 Exhibit C infringing products.

18 B infringing products and the Exhibit C infringing products.

21 will continue unabated unless enjoined by this Court.

24 24. Plaintiff Jimenez Works is entitled to an award of Defendants profits,

4 attorneys fees under 35 USC 284 and 285.

5 COUNT II COPYRIGHT INFRINGEMENT UNDER 17 U.S.C. 106 AND 501 OF

7 Plaintiff Jimenez Works repeats and incorporates by reference the allegations of

8 paragraphs 1-25 as though set forth fully and independently herein.

11 Bat Cross. (Copyrighted Sculptural Work).

12 27. The Copyrighted Sculptural Work is an original work of expression under 17

14 moment it was fixed in a tangible medium of expression.

18 in the Copyrighted Sculptural Work.

19 29. Plaintiff Jimenez Works copyright in the Copyrighted Sculptural Work is

20 valid and subsisting and in full force and effect.

23 copyright registration application data shown in Exhibit E to this Complaint. Exhibit D is a

25 Case No. 1-5532564311.

1 https://www.instagram/fivetoolbaseballjewelry/, https://fivetool-baseball.com, and

5 websites www.hofjewelry.com, www/hof-jewelry.myshopify.com and

7 in Exhibit B to this Complaint (Exhibit B infringing products).

9 the Exhibit B infringing products is shown below.

6 occurred in the United States.

9 websites www.hofjewelry.com, www/hof-jewelry.myshopify.com and

10 www.instagram.com/hof_jewelry in the United States, the Exhibit C infringing products.

12 the Exhibit C infringing products is shown below.

27 infringing products and the Exhibit C infringing products.

1 42. Defendants Otsukas and HoFs infringement of Plaintiffs copyright in the

10 damages, under 17 USC 504(b).

12 attorneys fees under 17 USC 505.

13 COUNT III COPYRIGHT INFRINGEMENT UNDER 17 U.S.C. 106 AND 501 OF

14 IN-GLOVE PHOTOGRAPHIC WORK

15 Plaintiff Jimenez Works repeats and incorporates by reference the allegations of

16 paragraphs 1-45 as though set forth fully and independently herein.

20 47. The Copyrighted In-Glove Photographic Work is an original work of

25 Copyrighted Sculptural Work.

26 49. Plaintiff Jimenez Works copyright in the Copyrighted In-Glove Photographic

3 copyright registration application data shown in Exhibit G to this Complaint. Exhibit F is a

5 Case No. 1-5550472161.

7 available by October 23, 2015 by posting such images on the internet at

8 https://www.instagram/fivetoolbaseballjewelry/, https://fivetool-baseball.com, and

10 52. During the term of Plaintiffs copyright in the Copyrighted In-Glove

12 displayed, at least at the website www.instagram.com/hof_jewelry in the United States, the

15 53. A side-by-side comparison of the Copyrighted In-Glove Photographic Work

16 on the left and the Exhibit H infringing photo is shown below.

Jimenez Works v. Otsuka - '1435 Complaint

Jimenez Works v. Otsuka - '1435 Complaint