Tribu v. Source Furniture - Complaint

Case 2:18-cv-01307-RFB-PAL Document 1 Filed 07/17/18 Page 1 of 12
1 MICHAEL D. ROUNDS
Nevada Bar No. 4734
2 BROWNSTEIN HYATT FARBER SCHRECK, LLP
5371 Kietzke Lane
3
Reno, Nevada 89511
4 Telephone: (775) 324-4100
Facsimile: (775) 333-8171
5 Email: mrounds@bhfs.com
6 GREGORY S. GILCHRIST
7 (Pro Hac Application forthcoming)
KILPATRICK TOWNSEND & STOCKTON LLP
8 Two Embarcadero Center, Suite 1900
San Francisco, California 94111
9 Telephone: (415) 576 0200
Facsimile: (415) 576 0300
10 Email: ggilchrist@kilpatricktownsend.com
11
Attorneys for Plaintiff
12 TRIBÙ, NV
13
UNITED STATES DISTRICT COURT
14
DISTRICT OF NEVADA
15
TRIBÙ, NV, a Belgian corporation,
16 COMPLAINT FOR DESIGN PATENT
Plaintiff, INFRINGEMENT AND TRADE DRESS
17 INFRINGEMENT
v.
18 JURY DEMAND
SOURCE FURNITURE, LLC,
19
Defendant.
20
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Plaintiff, Tribù NV (“Tribù”) alleges as follows against Defendant Source Furniture
22
Outdoor, Inc. (“Source”):
23
SUBJECT MATTER JURISDICTION
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1. The Court has subject matter jurisdiction over this action under 28 U.S.C. § 1331
25
(federal question), 15 U.S.C. §1121 (trademarks), 28 U.S.C. § 1338(a) patents, 28 U.S. Code § 1367
26
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1 (supplemental jurisdiction), and 28 U.S.C. § 1132 (diversity jurisdiction). Exclusive of costs and
2 attorneys’ fees, the amount in controversy, Tribù is informed and believes, exceeds $75,000.
3 THE NATURE OF THE ACTION
4 2. Tribù is a designer of premium and innovative outdoor furniture. It devotes
5 enormous resources and works closely with world class designers to create and produce a
6 distinctive line of products and has achieved considerable acclaim for its designs. In the United
7 States, Tribù’s products are offered exclusively through Janus et cie (“Janus”) through Janus’s
8 own prestigious retail stores and to other high end retailers. Tribù commissioned Monica Armani,
9 a well-known Italian architect and designer to create a line of outdoor furniture that came to be
10 known as Tosca. Ms. Armani explains the inspiration for her “one of a kind” design on a video
11 shown on her website www.monica-armani.com, also available at this link:
12 https://vimeo.com/264569833 . The Tosca collection includes arm chairs, club chairs, lounge
13 chairs, sofas and day beds. Its central design features are rounded stainless steel frames that are
14 upholstered with extra wide braiding in a gauzy foam material to create a unique impression that is
15 soft, inviting and comfortable. Examples better reveal these features:
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26 3. Tribù’s Tosca collection was a significant commercial success and received
27 numerous accolades for its original design. For example, the Tosca was nominated for Interior
28 2
1 Designs: Best of Year 2014: category: seating: residential/lounge. It received another award from
2 ADEX for the club chair. After this success had been demonstrated for several seasons, and
3 despite the fact that these distinctive designs were protected by patents and were exclusively
4 associated with Tribù, Source elected to copy the entire Tosca Collection, calling it by another
5 highly referential opera-inspired term, “Aria.” http://www.sourcefurniture.com/products/aria/
6 4. This action is necessary to stop Source from misappropriating Tribù’s goodwill and
7 patented designs. Tribù has demanded that Source stop its sales of the Aria products and Source
8 has refused, indicating that it intends to continue willfully infringing Tribù’s rights, at least until
9 enjoined by this Court.
10 THE PARTIES
11 5. Tribù is a Belgian corporation with its principal place of business in Bilzen,
12 Belgium.
13 6. Source is a Florida corporation, with its principal place of business in Miami,
14 Florida.
15 7. The Court has personal jurisdiction over Source because Source has established and
16 maintained a booth for several years running at the Hospitality Design Expo show, held annually at
17 the Mandalay Bay Hotel in Las Vegas, Nevada. Source uses and has used its booth at this show to
18 highlight and display its infringing Aria products and to offer for sell and sell its infringing products
19 to Nevada, United States and foreign residents. Source has directly aimed its infringing activities
20 at the state of Nevada and its residents and irreparably damaged Tribù in the state of Nevada and
21 elsewhere.
22 VENUE
23 8. Tribù is informed and believes that Source resides in this District insofar as it
24 regularly rents physical space for the Hospitality Design Expo show, engages space planners or
25 architects for that purpose, and builds displays in this judicial district for the purpose of showing
26 and selling its products, including those alleged here to be infringing. Source reports and advertises
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1 this presence in Nevada on its website and invites Nevada, United States and foreign residents to
2 view, inspect and purchase its display of infringing products in Nevada.
3 9. Venue is appropriate in this judicial district under 28 U.S.C. § 1391(b) and 1400(b)
4 because Source regularly conducts business at the Hospitality Design Expo show in the Mandalay
5 Bay Hotel in the district and committed infringing acts here. Tribù’s exclusive distributor, Janus,
6 observed the infringements in this judicial district and complained to Tribù about Source’s
7 infringements and attempts in this judicial district to divert potential buyers of the Tosca Collection
8 to Source’s Aria Collection.
9 SUMMARY OF RELEVANT FACTS
10 10. Tribù is a leading designer and producer of outdoor furniture. It distributes its
11 products in the United States exclusively through Janus, a prestigious retailer and distributor of
12 premium furniture lines. Among the products Tribù offers, throughout the United States, is its
13 Tosca Collection, including arm and club chairs, tables, sofas, day beds and lounges.
14 11. Monica Armani, a well-known designer and architect, designed the Tosca Collection
15 which features rounded seats, framed by soft lines in tubular powder coated stainless steel,
16 upholstered distinctively, woven with extra-wide gauzy foam braiding that creates a uniquely
17 comfortable and distinctive appearance.
18 12. Because the design was so unique, Tribù, with Ms. Armani as inventor, obtained a
19 design patent for the club chair, US D720,149 S (“the “’149 Patent”), which is attached as Exhibit
20 A to this complaint. Figure 1 of the ’149 Patent is shown here:
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1 13. Tribù, again with Ms. Armani as inventor, also applied for and obtained US. Design
2 Patent, No. D761,582 S (for the Tosca arm chair design) (the “’582 Patent”), which is attached as
3 Exhibit B to this complaint. Figure 1 of the ’582 patent is shown here:
9
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14. By virtue of these patents, Tribù is entitled to exclude all others who are selling
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products with a substantially similar design. Tribù launched the Tosca Collection to acclaim in
13
2014. In the United States, Tribù’s products are offered exclusively through Janus, a prestigious
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retailer with showrooms and wholesale relationships with other retailers throughout the United
15
States. The Tosca Collection is promoted in prestigious publications and websites, including
16
Interior Design, Luxe, Hospitality Design Expo, Robb Report and Interiors + Sources. The
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products have been promoted at trade shows, including annually at the Hospitality Design Expo, a
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show regularly attended by Source and where Source’s products were spotted by Janus. As a result
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of the promotion and distinctiveness of the individual products in the Tosca Collection, by virtue of
20
their overall shapes, and distinctive weave and extra-wide braiding, they have become associated by
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consumers exclusively with Tribù. The Tosca Collection as a whole, by virtue of the distinctive
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products assorted together and the collective impact on consumers from marketing the individual
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products together, also has become associated by consumers exclusively with Tribù.
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15. By at least May 2018, Source had begun displaying and attempting to sell a copy of
25
the Tosca Collection, which it marketed as Source’s “Aria” Collection (in direct reference to the
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1 associations with opera of “Tosca”). Each piece in the Aria collection deliberately knocks off the
2 design of each of the distinctive features of the Tosca Collection.
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13 16. Other than trivial differences, the appearance of the Tosca and Aria collections are
14 essentially copies. For example, the Aria collection is made from powder coated aluminum rather
15 than powder coated stainless steel. The frames in some products (that are almost entirely covered
16 by the braided upholstery) appear to have slight differences. All of the distinctive features in the
17 Tosca designs are fully captured in the Aria collection.
18 17. The degree of imitation and the adoption of a referential name for the Aria collection
19 is only consistent with Source having deliberately and purposefully copied Tribù’s original designs
20 in an attempt to capitalize on Tribù’s innovation and to misappropriate Tribù’s goodwill.
21 18. Consumers who view the Aria products, on display, for sale, or as used in a post-sale
22 environment are likely to be confused about the origins of the Aria products, or about an affiliation
23 or sponsorship by Tribù of the Aria products or Source. The Aria Collection will likely be
24 understood by consumers as a line of furniture that is being marketed by the original creators of the
25 Tosca Collection as a less premium version.
26 19. Source’s actions have caused and will cause Tribù irreparable harm for which money
27 damages and other remedies are inadequate. Unless Source is restrained by this Court, it will
28 6
1 continue and/or expand its illegal activities and otherwise continue to cause irreparable damage and
2 injury to by, among other things:
3 a. Depriving Tribù of its statutory rights to use and control use of its trade
4 dress and patents;
5 b. Creating a likelihood of confusion, mistake, and deception among
6 consumers and the trade as to the source of the Aria products;
7 c. Causing the public falsely to associate Source with Tribù or its products, or
8 vice versa;
9 d. Causing incalculable and irreparable damage to Tribù’s goodwill, the Tribù
10 trade dress, and
11 e. Causing Tribù to lose sales of its genuine products.
12 20. In addition to other relief, Tribù is entitled to injunctive relief against Source and
13 all persons acting in concert with it.
14 FIRST CLAIM
FEDERAL UNFAIR COMPETITION
15 (False Designation of Origin and False Description - 15 U.S.C. § 1125(a))
16 21. Tribù realleges and incorporates by reference each of the allegations contained in
17 paragraphs 1 through 20 of this Complaint.
18 22. Source is using symbols or devices tending falsely to describe the Aria products,
19 within the meaning of 15 U.S.C. § 1125(a)(1). Source’s conduct is likely to cause confusion,
20 mistake, or deception by or in the public as to the source, affiliation, connection, association,
21 origin, sponsorship, or approval of the infringing products to the detriment of Tribù and in
22 violation of 15 U.S.C. § 1125(a)(1).
23 23. As a direct and proximate result of Source’s conduct, Tribù is entitled to recover
24 Source’s unlawful profits and Tribù's damages, and to an award of attorneys' fees under 15 U.S.C.
25 § 1117(a).
26 24. Unless enjoined by this Court, Source’s continued acts of infringement will cause
27 substantial and irreparable harm. Tribù is entitled to injunctive relief pursuant to 15 U.S.C. §
28 7
1 1116(a) that requires Source to stop promoting, distributing, offering, and selling its infringing
2 products.
3 SECOND CAUSE OF ACTION

DESIGN PATENT INFRINGEMENT
4 (35 U.S.C. § 273)
5 25. Tribù incorporates by reference the allegations contained in paragraphs 1-20 of this
6 Complaint.
7 26. Tribù is the owner of all right, title, and interest in and to the ’582 and ’149 Patents.
8 27. The arm chair and club chair in Source’s Aria Collection appear to an ordinary
9 observer substantially the same as the designs in the ’582 and ’149 Patents.
10 28. Tribù is informed and believes that Source has infringed and continues to infringe
11 the ’582 and ’149 Patents by making, having made, using, selling and/or offering to sell in the
12 United States, and/or importing into the United States, Aria products that embody the patented
13 designs.
14 29. As a result of this conduct, Source’s actions violate 35 U.S.C. § 273.
15 30. Source’s infringement is without the consent or other authority of Tribù as Source
16 is not licensed under the ’582 and ’149 Patents.
17 31. Tribù has been damaged by Source’s acts in an amount as yet unknown. Tribù has
18 no adequate legal remedy. Unless enjoined by this Court, Source’s continued acts of infringement
19 will cause substantial and irreparable harm. Under 35 U.S.C. § 283, Tribù is entitled to an
20 injunction barring Source from further infringement of the ’582 and ’149 Patents patent.
21 THIRD CLAIM
NEVADA UNFAIR COMPETITION
22 (Deceptive Trade Practices - NRS 598.0915)
23 32. Tribù realleges and incorporates by reference each of the allegations contained in
24 paragraphs 1 through 20 of this Complaint.
25 33. Source has knowingly used Tribù’s trade dress in order to falsely represent the
26 source of the Aria Collection, and that Tribù has sponsored, approved or certified the Aria
27 Collection.
28 8
1 34. Source has knowingly used the patented Tribù designs and Tosca trade dress to
2 falsely represent an affiliation, connection, association with or certification by Tribù.
3 35. Source’s conduct is likely to cause confusion, mistake, or deception by or in the
4 public as to the source, affiliation, connection, association, origin, sponsorship, or approval of the
5 infringing products to the detriment of Tribù and in violation of NRS 598.0915.
6 36. As a direct and proximate result of Source's conduct, Tribù has been damaged in an
7 amount that is unknown at this time and will continue to be harmed unless Source is enjoined from
8 continuing its unlawful conduct.
9 37. Tribù is entitled to recover treble damages and attorneys' fees and costs under NRS
10 598A.210.
11 38. Tribù is entitled to injunctive relief pursuant to NRS 598A.210 that requires Source
12 to stop promoting, distributing, offering, and selling its infringing products.
13 PRAYER FOR JUDGMENT
14 WHEREFORE, Tribù prays that this Court grant it the following relief:
15 39. Adjudge that Source has promoted, distributed, offered, and sold products that
16 infringe and unfairly and deceptively compete with Tribù’s trade dress rights in violation of
17 Tribù's rights under 15 U.S.C. § 1125(a) and NRS 598.0915;
18 40. Adjudge that Source has infringed Tribù's design patents in violation of Tribù's
19 rights under 35 U.S.C. § 279;
20 41. Adjudge that Source and its owners, agents, employees, attorneys, successors,
21 assigns, affiliates, and joint ventures, and any person(s) in active concert or participation with
22 them, and/or any person(s) acting for, with, by, through, or under them, be enjoined and restrained
23 at first during the pendency of this action and thereafter permanently
24 a. Manufacturing, producing, sourcing, importing, selling, offering for sale,
25 distributing, advertising, or promoting any goods that display any designs that so resemble
26 the Tribù trade dress as to be likely to cause confusion, mistake, or deception, on or in
27 connection with any product that is not authorized by or for Tribù;
28 9
1 b. Further infringing the rights of Tribù in and to its TRIBÙ trademarks, or
2 otherwise damaging Tribù's goodwill or business reputation;
3 c. Further deceptively advertising, promoting, displaying, offering or selling
4 products in a manner that suggests Tribù is the source of them, or has authorized,
5 sponsored, or in any way is affiliated with them;
6 d. Manufacturing, having manufactured, importing, offering, distributing or
7 selling products that infringe Tribù’s design patents or further infringing Tribù’s design
8 patents;
9 e. Otherwise competing unfairly with Tribù in any manner; and
10 f. Continuing to perform in any manner whatsoever any of the other acts
11 complained of in this Complaint;
12 42. Adjudge that Defendant, within thirty (30) days after service of the Court's
13 judgment, be required to file with this Court and serve upon Tribù's counsel a written report under
14 oath setting forth in detail the manner in which it has complied with the judgment;
15 43. Adjudge that Tribù recover from Source treble the amount of Tribù's damages and
16 lost profits, including as measured by Source's profits, in an amount to be proven at trial;
17 44. Adjudge that Source be required to account for any profits that are attributable to
18 its illegal acts, and that Tribù be awarded Source's profits and all damages sustained by Tribù, plus
19 prejudgment interest;
20 45. Adjudge that Tribù be awarded its costs and disbursements incurred in connection
21 with this action, including Tribù's reasonable attorneys' fees and investigative expenses; and
22 46. Adjudge that all such other relief be awarded to Tribù as this Court deems just and
23 proper.
24
25 ///
26
///
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1 DATED: July 17, 2018
2 Respectfully submitted: BROWNSTEIN HYATT FARBER SCHRECK, LLP
3 By: /s/ Michael D. Rounds

Michael D. Rounds, Esq.
4 Nevada Bar No. 4734
5371 Kietzke Lane
5 Reno, Nevada 89511
6 Telephone: (775) 324-4100
Facsimile: (775) 333-8171
8 KILPATRICK TOWNSEND & STOCKTON, LLP

9
Gregory S. Gilchrist
10 Two Embarcadero Center, Suite 1900
San Francisco, CA 94111
11 Telephone: (415) 576 0200
Facsimile: (415) 576 0300
13 Attorneys for Plaintiff
TRIBÙ, NV
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2
JURY DEMAND
3
Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Tribù demands a trial by jury
4
5 on all issues triable as such.
6 DATED: July 17, 2018 BROWNSTEIN HYATT FARBER SCHRECK, LLP
7 By: /s/ Michael D. Rounds

Michael D. Rounds, Esq.
8 Nevada Bar No. 4734
5371 Kietzke Lane
9 Reno, Nevada 89511
Telephone: (775) 324-4100
10 Facsimile: (775) 333-8171
12 KILPATRICK TOWNSEND & STOCKTON, LLP
13 Gregory S. Gilchrist
Two Embarcadero Center, Suite 1900
14 San Francisco, CA 94111
15 Telephone: (415) 576 0200
Facsimile: (415) 576 0300
17 Attorneys for Plaintiff

TRIBÙ, NV
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Case 2:18-cv-01307-RFB-PAL Document 1-1 Filed 07/17/18 Page 1 of 1
JS 44 (Rev. 06/17) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

TRIBU, NV, a Belgian corporation, SOURCE FURNITURE, LLC
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant _M'-'-"
i-'-a'-m_i_-0
-'-a_d_e _
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRA CT OF LAND INVOLVED.
( C) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If K11ow11)
Michael D. Rounds, Brownstein Hyatt Farber Schreck, LLP

5371 Kietzke Lane, Reno, NV 89511; Tel. 775-324-4100
Il. BASIS OF JURISDICTION (Placean "X"inOneBoxOnlyJ III. CITIZENSHIP OF PRINCIP AL PARTIES (Place an "X" in One Boxfor PlaintifJ
(For Diversity Cases Only) and One Box for Defendant}
O I U.S. Government ~3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State O I O Incorporated or Principal Place O 4 O 4
of Business In This State
O 2 U.S. Government O 4 Diversity Citizen of Another State O 2 O 2 Incorporated and Principal Place O 5 O 5
Defendant (Indicate Citizenship of Parties in Item Ill} of Business In Another State
Citizen or Subject of a O 3 O 3 Foreign Nation O 6 O 6

Forei n Count
IV NATURE OF SUIT (Place an "X" in One Box Only) Click here for: Nature of Suit Code Descriotions.
I CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES I
o 11 O Insurance PERSONAL INJURY PERSONAL INJURY O 625 Drug Related Seizure O 422 Appeal 28 USC 158 O 375 False Claims Act
o 120 Marine O 3 I O Airplane O 365 Personal Injury - of Property 2 I use 88 I O 423 Withdrawal O 376 Qui Tam (31 USC
o 130 Miller Act O 315 Airplane Product Product Liability O 690Other 28 use 151 3729(a))
o 140 Negotiable Instrument Liability O 367 Health Care/ O 400 State Reapportionment
o 150 Recovery of Overpayment O 320 Assault, Libel & Pharmaceutical PROPERTY RH;HTS O 410 Antitrust
& Enforcement of Judgment Slander Personal Injury O 820 Copyrights O 430 Banks and Banking
o 15 I Medicare Act O 330 Federal Employers' Product Liability O 830 Patent O 450 Commerce
o 152 Recovery of Defaulted Liability O 368 Asbestos Personal O 835 Patent - Abbreviated O 460 Deportation
Student Loans O 340 Marine Injury Product ~ New Drug Application O 470 Racketeer Influenced and
(Excludes Veterans) O 345 Marine Product Liability 840 Trademark Corrupt Organizations
o 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR "' 11 !AL SEcuRJTY O 480 Consumer Credit
of Veteran's Benefits O 350 Motor Vehicle O 370 Other Fraud O 71 O Fair Labor Standards O 861 HIA (1395ft) O 490 Cable/Sat TV
o I 60 Stockholders' Suits O 355 Motor Vehicle O 371 Truth in Lending Act O 862 Black Lung (923) O 850 Securities/Commodities/
o 190 Other Contract Product Liability O 380 Other Personal O 720 Labor/Management O 863 DIWC/DIWW (405(g)) Exchange
o 195 Contract Product Liability O 360 Other Personal Property Damage Relations O 864 SSID Title XVI O 890 Other Statutory Actions
o 196 Franchise Injury o 385 Property Damage O 740 Railway Labor Act O 865 RSI (405(g)) O 891 Agricultural Acts
O 362 Personal Injury - Product Liability O 751 Family and Medical O 893 Environmental Matters
Medical Malpractice Leave Act O 895 Freedom of lnfonnation
I REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS O 790 Other Labor Litigation FEDERAL TAX SUITS Act
O 21 O Land Condemnation O 440 Other Civil Rights Habeas Corpus: O 791 Employee Retirement O 870 Taxes (U.S. Plaintiff O 896 Arbitration
O 220 Foreclosure O 441 Voting O 463 Alien Detainee Income Security Act or Defendant) O 899 Administrative Procedure
O 230 Rent Lease & Ejectment O 442 Employment o 51 O Motions to Vacate O 871 !RS-Third Party Act/Review or Appeal of
O 240 Torts to Land O 443 Housing/ Sentence 26 USC 7609 Agency Decision
O 245 Tort Product Liability Accommodations o 530 General O 950 Constitutionality of
O 290 All Other Real Property O 445 Amer. w/Disabilities - o 535 Death Penalty IMMIGRATION State Statutes
Employment Other: O 462 Naturalization Application
O 446 Amer. w/Disabilities - o 540 Mandamus & Other O 465 Other Immigration
Other o 550 Civil Rights Actions
O 448 Education o 555 Prison Condition
o 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Placean "X"inOneBoxOnly)

J:( I Original O 2 Removed from O 3 Remanded from O 4 Reinstated or O 5 Transferred from O 6 Multidistrict O 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S.
VI. CAUSE OF ACTION 1--'1'-"5-'Ua..;..S
.;:;;..."C-'--
" . ..,_;..=,aa...=....,;;..;;....;:;.;~a..;..w..=,;,..;;;...,;,-'-'-'-'~'""""";..a..a..;a,._ _
Brief description of cause:
Federal Unfair Com etition; Desi n Patent lnfrin ement; Nevada Unfair Com etition
VII. REQUESTED IN 0 CHECK IF THIS IS A CLASS ACTION DEMAND$ CHECK YES only if demanded in complaint:
COMPLAINT: UN DER RULE 23, F.R.Cv.P. JURY DEMAND: jl( Yes O No
VIII. RELATED CASE(S)
(See instructions):
IFANY JUDGE DOCKE T NUMBER
DATE
Sl~ F
07/13/2018
FOR OFFICE USE ONLY
RECEIPT# AMOUNT APPL YING IFP JUDGE MAG. JUDGE


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Case 2:18-cv-01307-RFB-PAL Document 1 Filed 07/17/18 Page 1 of 12

3 THE NATURE OF THE ACTION

4 2. Tribù is a designer of premium and innovative outdoor furniture. It devotes

11 shown on her website www.monica-armani.com, also available at this link:

15 soft, inviting and comfortable. Examples better reveal these features:

26 3. Tribù’s Tosca collection was a significant commercial success and received

5 highly referential opera-inspired term, “Aria.” http://www.sourcefurniture.com/products/aria/

9 enjoined by this Court.

11 5. Tribù is a Belgian corporation with its principal place of business in Bilzen,

13 6. Source is a Florida corporation, with its principal place of business in Miami,

2 view, inspect and purchase its display of infringing products in Nevada.

8 to Source’s Aria Collection.

9 SUMMARY OF RELEVANT FACTS

17 comfortable and distinctive appearance.

20 A to this complaint. Figure 1 of the ’149 Patent is shown here:

3 Exhibit B to this complaint. Figure 1 of the ’582 patent is shown here:

2 design of each of the distinctive features of the Tosca Collection.

17 Tosca designs are fully captured in the Aria collection.

20 in an attempt to capitalize on Tribù’s innovation and to misappropriate Tribù’s goodwill.

25 Tosca Collection as a less premium version.

2 injury to by, among other things:

4 dress and patents;

5 b. Creating a likelihood of confusion, mistake, and deception among

6 consumers and the trade as to the source of the Aria products;

9 d. Causing incalculable and irreparable damage to Tribù’s goodwill, the Tribù

10 trade dress, and

11 e. Causing Tribù to lose sales of its genuine products.

13 all persons acting in concert with it.

17 paragraphs 1 through 20 of this Complaint.

20 mistake, or deception by or in the public as to the source, affiliation, connection, association,

22 violation of 15 U.S.C. § 1125(a)(1).

3 SECOND CAUSE OF ACTION

14 29. As a result of this conduct, Source’s actions violate 35 U.S.C. § 273.

16 is not licensed under the ’582 and ’149 Patents.

24 paragraphs 1 through 20 of this Complaint.

2 falsely represent an affiliation, connection, association with or certification by Tribù.

3 35. Source’s conduct is likely to cause confusion, mistake, or deception by or in the

5 infringing products to the detriment of Tribù and in violation of NRS 598.0915.

8 continuing its unlawful conduct.

12 to stop promoting, distributing, offering, and selling its infringing products.

13 PRAYER FOR JUDGMENT

17 Tribù's rights under 15 U.S.C. § 1125(a) and NRS 598.0915;

19 rights under 35 U.S.C. § 279;

23 at first during the pendency of this action and thereafter permanently

24 a. Manufacturing, producing, sourcing, importing, selling, offering for sale,

26 the Tribù trade dress as to be likely to cause confusion, mistake, or deception, on or in

27 connection with any product that is not authorized by or for Tribù;

1 b. Further infringing the rights of Tribù in and to its TRIBÙ trademarks, or

2 otherwise damaging Tribù's goodwill or business reputation;

3 c. Further deceptively advertising, promoting, displaying, offering or selling

5 sponsored, or in any way is affiliated with them;

6 d. Manufacturing, having manufactured, importing, offering, distributing or

9 e. Otherwise competing unfairly with Tribù in any manner; and

10 f. Continuing to perform in any manner whatsoever any of the other acts

11 complained of in this Complaint;

16 lost profits, including as measured by Source's profits, in an amount to be proven at trial;

1 DATED: July 17, 2018

2 Respectfully submitted: BROWNSTEIN HYATT FARBER SCHRECK, LLP

3 By: /s/ Michael D. Rounds

8 KILPATRICK TOWNSEND & STOCKTON, LLP

5 on all issues triable as such.

6 DATED: July 17, 2018 BROWNSTEIN HYATT FARBER SCHRECK, LLP

7 By: /s/ Michael D. Rounds

12 KILPATRICK TOWNSEND & STOCKTON, LLP