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Case 0:20-cv-60538-XXXX Document 1 Entered on FLSD Docket 03/12/2020 Page 1 of 12

IN THE UNITED STATES DISTRICT COURT


SOUTHERN DISTRICT OF FLORIDA

CASE NO. 0:20-cv-60538

H.K. TRADING & COMPANY, INC.,


a Florida corporation,

Plaintiff,
v.

FASHION TOUCH USA, INC. d/b/a/ LAZY


DAISY, a Florida corporation, and
BHUPINDER BHATIA, an individual,

Defendants,
_____________________________________/

COMPLAINT

Plaintiff, H.K. Trading & Company, Inc. (“HK Trading”), sues Defendants, Fashion Touch

USA, Inc. d/b/a/ Lazy Daisy (“Lazy Daisy”) and Bhupinder Bhatia (“Bhatia”), for temporary and

permanent injunctive relief, monetary damages, and other relief, and alleges as follows:

PARTIES

1. HK Trading is a Florida corporation organized and existing under the laws of

Florida with a principal place of business in Broward County, Florida.

2. Fashion Touch USA, Inc. (d/b/a/ Lazy Daisy) is a Florida corporation organized

and existing under the laws of Florida with a principal place of business in Miami-Dade County,

Florida.

3. Bhatia is over the age of 18 years, believed to be a resident of Illinois, and is

otherwise sui juris. Bhatia is the founder of Lazy Daisy and serves as its President and sole

member, and directs, controls, ratifies, participates in, and/or is the moving force behind its

business decisions, particularly as it concerns Lazy Daisy’s infringing activities described herein.

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4. All conditions precedent to bringing this action, if any, have been performed,

excused, or otherwise waived as being futile.

JURISDICTION & VENUE

5. This Court has federal-question jurisdiction over the subject matter of the claims

arising out of 28 U.S.C. § 1331, 17 U.S.C. § 101 et. seq., and 35 U.S.C. § 171.

6. Venue is proper in the Southern District of Florida pursuant to 28 U.S.C. § 1391(b)

because Lazy Daisy is incorporated in the Southern District of Florida, Bhatia operates Lazy Daisy

out of a location in the Southern District of Florida, and a substantial part of the events giving rise

to the claims herein occurred in the Southern District of Florida.

GENERAL ALLEGATIONS

7. HK Trading, a privately-owned company established in 1992, is a leading

manufacturer and importer of women’s apparel. HK Trading’s apparel appears in major hotels in

Las Vegas, as well as on cruise ships, in airports, and hundreds of stores throughout the world.

8. HK Trading currently has three divisions, or sub-brands: Kokomo Unlimited, KU2

by Kokomo, and Raja Couture. The property at issue in this proceeding, namely the three scarves

described below, are sold under the brand name Kokomo Unlimited.

9. HK Trading is the owner of United States Design Patent No. D748,368 (the “‘368

Patent”), covering an ornamental “swirl” design for a scarf (“Swirl”), as shown below:

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A copy of the Design Patent is attached as Exhibit A. The ‘368 Patent is valid, enforceable, and

currently in full force and effect.

10. HK Trading is also the owner of U.S. Copyright Registration No. VA 2-170-860,

titled Hearts Scarf Fabric Design (“Hearts”), and depicted below:

A copy of the Registration is attached as Exhibit B.

11. HK Trading also owns U.S. Copyright Registration No. VA 2-176-688, titled

Fantasia Scarf Fabric Design (“Fantasia”), and depicted below:

A copy of the Registration is attached as Exhibit C.1

12. The Swirl, Hearts, and Fantasia designs (collectively, the “HK Trading IP”)

comprise some of HK Trading’s best-selling scarves.

1
HK Trading recently filed a Supplementary Registration to correct the date of creation and publication. The actual
date of completion for this design is April 30, 2014, and the date of first publication is May 1, 2014.

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Defendants’ Infringement

13. Lazy Daisy is a women’s wholesale clothing company which also sells scarves to

the same stream of customers as does HK Trading.

14. HK Trading and its principals are familiar with Lazy Daisy and Bhatia, having

attended several of the same tradeshows for many years. Lazy Daisy and Bhatia had access to the

HK Trading IP on many occasions due to the number of tradeshows the parties attended and, as

explained below, the relationship forged between them.

15. The consistent contact between the parties even led to the creation of what was once

a trusting friendship between the parties’ principals which lasted many years until HK Trading

discovered Defendants’ blatant infringement.

16. Indeed, recently, HK Trading learned that Lazy Daisy has engaged in the willful,

unlawful copying of the HK Trading IP, and has since been able to obtain the infringing items to

compare to its own authentic items. Comparisons are shown below:

Lazy Daisy Infringing Product HK Trading Authentic Product


(embodiment of the ‘368 Patent)

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Lazy Daisy Infringing Product HK Trading Authentic Product


(embodiment of the Hearts copyright)

Lazy Daisy Infringing Product HK Trading Authentic Product


(embodiment of the Fantasia copyright)

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17. Upon information and belief, Bhatia, as the President and sole member of Lazy

Daisy, is responsible for Lazy Daisy’s infringing behavior in that he, with full knowledge of HK

Trading’s intellectual property rights, instructed the unlawful reproduction of the HK Trading IP.

18. Defendants did not license the right or otherwise secure permission from HK

Trading to reproduce the HK Trading IP.

19. Defendants have sold and distributed the infringing scarves and continue to do so

willfully and intentionally, albeit for cheaper and using inferior materials.

20. As a result of all of the foregoing, HK Trading has been forced to retain the

undersigned law firm and pay it a reasonable fee for its services.

COUNT I
TEMPORARY AND PERMANET INJUNCTIVE RELIEF

21. HK Trading repeats the allegations of Paragraphs 1-20 as if fully set forth herein.

22. This is an action for temporary and permanent injunctive relief pursuant to common

law principles and 35 U.S.C. § 283 of the United States Patent Act.

23. As alluded to in more detail above, Defendants, jointly and severally, have

infringed, and continue to infringe, the ‘368 Patent, as well as the Hearts and Fantasia Copyrights,

by manufacturing, reproducing, offering to sell, importing, and selling scarves with the identical

ornamental designs.

24. Such refusal to honor HK Trading’s exclusive intellectual property rights has

caused, and will continue to cause, irreparable harm. Each day that HK Trading is deprived of its

earned intellectual property rights causes irreparable injury.

25. HK Trading has no adequate remedy at law, especially because the property at issue

is patented and copyrighted work that is being deprived.

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26. There is no remedy at law that can fully compensate HK Trading for the deprivation

of said intellectual property rights, and, in light of the facts of this case, there is a substantial

likelihood that HK Trading will succeed on the merits of the instant case.

COUNT II
WILLFUL COPYRIGHT INFRINGEMENT
(Concerning Infringement of U.S. Copyright Registration No. VA 2-170-860)

27. HK Trading repeats the allegations of Paragraphs 1-20 as if fully set forth herein.

28. HK Trading is the owner of all copyrights in and to the Hearts design, and has never

assigned, licensed, or otherwise transferred its copyrights to Defendants.

29. HK Trading is the sole owner of U.S. Copyright Registration Nos. VA 2-170-860,

covering the Hearts design.

30. Upon information and belief, Defendants do not own any copyright registrations

covering anything similar to the copyrighted Hearts design.

31. Defendants have had access to the copyrighted Hearts designs, copied them without

authorization from HK Trading, and have engaged in the unlawful copying, making, directing to

be made, display, reproduction, distribution, offering for sale, and actual sale of products

containing the copyrighted Hearts design, albeit for cheaper and using inferior materials.

32. The foregoing acts constitute infringement of HK Trading’s copyrights in the

Hearts design in violation of 17 U.S.C. § 501, et. seq.

33. Defendants’ infringement was (and remains) deliberate, willful, and intentional, as

they had full knowledge of HK Trading’s copyright ownership and rights but continued to infringe

for the purpose of commercial gain.

34. Bhatia, as the President and sole member of Lazy Daisy, is responsible for Lazy

Daisy’s infringing behavior in that he, with full knowledge of HK Trading’s intellectual property

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Case 0:20-cv-60538-XXXX Document 1 Entered on FLSD Docket 03/12/2020 Page 8 of 12

rights, instructed the unlawfully reproduction of products containing the copyrighted Hearts

design.

35. HK Trading has suffered monetary damages as a result of Defendants’

infringement, and Defendants are jointly and severally responsible for such damages.

COUNT III
WILLFUL COPYRIGHT INFRINGEMENT
(Concerning Infringement of U.S. Copyright Registration No. VA 2-176-688)

36. HK Trading repeats the allegations of Paragraphs 1-20 as if fully set forth herein.

37. HK Trading is the owner of all copyrights in and to the Fantasia design, and has

never assigned, licensed, or otherwise transferred its copyrights to Defendants.

38. HK Trading is the sole owner of U.S. Copyright Registration Nos. VA 2-176-688,

covering the Fantasia design.

39. Upon information and belief, Defendants do not own any copyright registrations

covering anything similar to the copyrighted Fantasia design.

40. Defendants have had access to the copyrighted Fantasia designs, copied them

without authorization from HK Trading, and have engaged in the unlawful copying, making,

directing to be made, display, reproduction, distribution, offering for sale, and actual sale of

products containing the copyrighted Fantasia design, albeit for cheaper and using inferior

materials.

41. The foregoing acts constitute infringement of HK Trading’s copyrights in the

Fantasia design in violation of 17 U.S.C. § 501, et. seq.

42. Defendants’ infringement was (and remains) deliberate, willful, and intentional, as

they had full knowledge of HK Trading’s copyright ownership and rights but continued to infringe

for the purpose of commercial gain.

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43. Bhatia, as the President and sole member of Lazy Daisy, is responsible for Lazy

Daisy’s infringing behavior in that he, with full knowledge of HK Trading’s intellectual property

rights, instructed the unlawfully reproduction of products containing the copyrighted Fantasia

design.

44. HK Trading has suffered monetary damages as a result of Defendants’

infringement, and Defendants are jointly and severally responsible for such damages.

COUNT IV
WILLFUL PATENT INFRINGEMENT

45. HK Trading repeats the allegations of Paragraphs 1-20 as if fully set forth herein.

46. HK Trading is the owner of the ‘368 Patent, which is valid and enforceable.

47. The claimed design of the ‘368 Patent is shown in Figures 1-7 below:

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48. In the eye of an ordinary observer, the claimed design of the ‘368 Patent and the

design of Defendants’ scarf are substantially the same, such that the ordinary observer would be

deceived into believing that the design in Defendants’ scarf is the design claimed in the ‘368

Patent.

49. HK Trading did not give Defendants authorization or a license to make, use, import,

offer for sale, or sell the infringing scarves.

50. Thus, Defendants, jointly and severally, have infringed, and continue to infringe,

the claims of the ‘368 Patent by, at least, making, using, importing, offering for sale, and selling

the infringing scarves, having substantially the same ornamental design as the design claimed in

the ‘368 Patent, in violation of 35 U.S.C. §§ 271(a) and 289.

51. Defendants have had knowledge of HK Trading’s ‘368 Patent since at least the date

upon which they received a copy of a letter from HK Trading dated November 6, 2019 placing

Defendants on notice of their infringement. Yet, such infringement continues willfully.

52. All such infringing conduct of Defendants has occurred and was committed by

Defendants in a willful, knowing, and bad faith manner. Indeed, upon information and belief,

Defendants’ infringement has been undertaken with knowledge of the ‘368 Patent and/or

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knowledge of the existence of HK Trading’s proprietary rights in the Swirl design. Such acts

constitute willful patent infringement and make this case exceptional pursuant to 35 U.S.C. §§ 284

and 285.

53. Defendants’ actions have caused and continue to cause irreparable harm to HK

Trading for which there is no adequate remedy at law.

PRAYER FOR RELIEF

WHEREFORE, HK Trading respectfully demands judgment against Defendants, jointly

and severally, said judgment which should include provisions:

A. That Defendants’ scarves infringe HK Trading’s copyrighted and patented designs;

B. A temporary and permanent injunction:

i. Requiring Defendants to return all infringing scarves in their possession

to HK Trading;

ii. Enjoining Defendants, and all of those acting in concert with them,

including, but not limited to, their agents, affiliates, subsidiaries, officers,

directors, attorneys and employees from using, making, advertising,

selling, offering to sell, or importing the infringing scarves, and all

substantially similar variations thereof;

C. An award against Defendants, jointly and severally, for actual damages suffered by

HK Trading, and/or Defendants’ profits, along with pre-judgment and post-judgment interest;

D. An award against Defendants, jointly and severally, compensating HK Trading for

its reasonable attorneys’ fees and costs; and

E. An award against Defendants, jointly and severally, of enhanced damages due to

the willfulness of Defendants’ activities; and

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Case 0:20-cv-60538-XXXX Document 1 Entered on FLSD Docket 03/12/2020 Page 12 of 12

F. Any other relief this Court deems just and proper.

DEMAND FOR JURY TRIAL

HK Trading hereby demands a trial by jury of all issues so triable as a matter of law.

Respectfully submitted,

THE CONCEPT LAW GROUP, P.A.


6400 N. Andrews Ave., Suite 500
Fort Lauderdale, Florida 33309
Tel: 754.300.1500

By: /s/ Adam S. Goldman


Adam S. Goldman, Esq.
Fla. Bar. No. 86761
agoldman@conceptlaw.com
Alexander D. Brown, Esq.
Fla. Bar No. 752665
abrown@conceptlaw.com

Counsel for HK Trading

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Case 0:20-cv-60538-XXXX Document
JS 44 (Rev. 06/17) FLSD Revised 06/01/2017 1-1 COVER
CIVIL EnteredSHEET
on FLSD Docket 03/12/2020 Page 1 of 2
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.) NOTICE: Attorneys MUST Indicate All Re-filed Cases Below.
I. (a) PLAINTIFFS H.K. TRADING & COMPANY, INC. DEFENDANTS FASHION TOUCH USA, INC. and BHUPINDER
BHATIA

(b) County of Residence of First Listed Plaintiff Broward 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)
The Concept Law Group, P.A., 6400 N. Andrews Ave., Ste 500
Fort Lauderdale, FL 33309, 754-300-1500
(d) Check County Where Action Arose: MIAMI- DADE MONROE BROWARD PALM BEACH MARTIN ST. LUCIE INDIAN RIVER OKEECHOBEE HIGHLANDS

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)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6


Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729 (a))
140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent – Abbreviated 460 Deportation
New Drug Application
Student Loans 340 Marine Injury Product 840 Trademark 470 Racketeer Influenced and
(Excl. Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) 490 Cable/Sat TV
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Mgmt. Relations 863 DIWC/DIWW (405(g)) 850 Securities/Commodities/
190 Other Contract Product Liability 380 Other Personal 740 Railway Labor Act 864 SSID Title XVI Exchange
195 Contract Product Liability 360 Other Personal Property Damage 751 Family and Medical 865 RSI (405(g)) 890 Other Statutory Actions
196 Franchise Injury 385 Property Damage Leave Act 891 Agricultural Acts
362 Personal Injury - Product Liability 790 Other Labor Litigation 893 Environmental Matters
Med. Malpractice 791 Empl. Ret. Inc. 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS Security Act FEDERAL TAX SUITS Act
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 870 Taxes (U.S. Plaintiff 896 Arbitration
220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) 899 Administrative Procedure
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRS—Third Party 26 Act/Review or Appeal of
Sentence USC 7609
240 Torts to Land 443 Housing/ Other: Agency Decision
Accommodations
245 Tort Product Liability 445 Amer. w/Disabilities - 530 General IMMIGRATION 950 Constitutionality of State
Statutes
290 All Other Real Property Employment 535 Death Penalty 462 Naturalization Application
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee –
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
1 Original 2 Removed 3 Re-filed 4 Reinstated 5 Transferred from 6 Multidistrict 7 Appeal to 8 Multidistrict
Proceeding from State (See VI or another district Litigation
District Judge Litigation 9 Remanded from
Appellate Court
Court below) Reopened (specify) Transfer
from Magistrate – Direct
Judgment File

VI. RELATED/ (See instructions): a) Re-filed Case YES NO b) Related Cases YES NO
RE-FILED CASE(S) JUDGE: DOCKET NUMBER:
Cite the U.S. Civil Statute under which you are filing and Write a Brief Statement of Cause (Do not cite jurisdictional statutes unless diversity):
VII. CAUSE OF ACTION 35 U.S.C. § 283, 17 U.S.C. § 501, et. seq., 35 U.S.C. §§ 271(a) and 289, 35 U.S.C. §§ 284 and 285
LENGTH OF TRIAL via 3-5 days estimated (for both sides to try entire case)
VIII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION
DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER F.R.C.P. 23
JURY DEMAND: Yes No
ABOVE INFORMATION IS TRUE & CORRECT TO THE BEST OF MY KNOWLEDGE
DATE SIGNATURE OF ATTORNEY OF RECORD
March 12, 2020

FOR OFFICE USE ONLY


RECEIPT # AMOUNT IFP JUDGE MAG JUDGE

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Case 0:20-cv-60538-XXXX Document 1-1 Entered on FLSD Docket 03/12/2020 Page 2 of 2
JS 44 (Rev. 06/17) FLSD Revised 06/01/2017

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet


The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the
official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the “defendant” is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment,
noting in this section “(see attachment)”.
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X” in
one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the
Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and
box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4
is checked, the citizenship of the different parties must be checked. (See Section III below; 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. 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.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the
petition for removal is granted, check this box.
Refiled (3) Attach copy of Order for Dismissal of Previous case. Also complete VI.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict
litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this
box is checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision.
Remanded from Appellate Court. (8) Check this box if remanded from Appellate Court.
VI. Related/Refiled Cases. This section of the JS 44 is used to reference related pending cases or re-filed cases. Insert the docket numbers and the
corresponding judges name for such cases.

VII. 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
VIII. 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 dollar amount (in thousands of dollars) 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.

Date and Attorney Signature. Date and sign the civil cover sheet.
Case 0:20-cv-60538-XXXX Document 1-2 Entered on FLSD Docket 03/12/2020 Page 1 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the
SouthernDistrict
__________ Districtof
of__________
Florida

H.K. TRADING & COMPANY, INC., )


)
)
)
Plaintiff(s) )
)
v. Civil Action No. 0:20-cv-60538
)
FASHION TOUCH USA, INC. d/b/a LAZY DAISY and )
BHUPINDERA BHATIA, )
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) FASHION TOUCH USA, INC. d/b/a LAZY DAISY
c/o BHATIA, BHUPINDER (REGISTERED AGENT)
777 NW 72ND AVE
#1131-1132
SHOWROOM # 117
MIAMI, FL 33126

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Adam S. Goldman, Esq.
THE CONCEPT LAW GROUP, P.A.
6400 North Andrews Avenue, Suite 500
Fort Lauderdale, Florida 33309
Tel: (754) 300-1500

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
Case 0:20-cv-60538-XXXX Document 1-2 Entered on FLSD Docket 03/12/2020 Page 2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 0:20-cv-60538

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)


was received by me on (date) .

’ I personally served the summons on the individual at (place)


on (date) ; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual) , who is


designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

’ I returned the summons unexecuted because ; or

’ Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

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Case 0:20-cv-60538-XXXX Document 1-3 Entered on FLSD Docket 03/12/2020 Page 1 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the
SouthernDistrict
__________ Districtof
of__________
Florida

H.K. TRADING & COMPANY, INC., )


)
)
)
Plaintiff(s) )
)
v. Civil Action No. 0:20-cv-60538
)
FASHION TOUCH USA, INC. d/b/a LAZY DAISY and )
BHUPINDER BHATIA, )
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) BHUPINDER BHATIA


24529 KENNEMER CT
NAPERVILLE, IL 60564

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Adam S. Goldman, Esq.
THE CONCEPT LAW GROUP, P.A.
6400 North Andrews Avenue, Suite 500
Fort Lauderdale, Florida 33309
Tel: (754) 300-1500

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
Case 0:20-cv-60538-XXXX Document 1-3 Entered on FLSD Docket 03/12/2020 Page 2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 0:20-cv-60538

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)


was received by me on (date) .

’ I personally served the summons on the individual at (place)


on (date) ; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual) , who is


designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

’ I returned the summons unexecuted because ; or

’ Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

Print Save As... Reset


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EXHIBIT “A”
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11111111111111111111111111111111III
D11141811161 11111111111111111111111
(12) United States Design Patent (10) Patent No.: US D748,368 S
Singh et al. (45) Date of Patent: ** Feb. 2, 2016

(54) SCARF internet on Sep. 12, 2015. URL: https://web.archive.org/web/


20111012175057/http://www.overstock.com/Clothing-Shoes/
(71) Applicant: H.K. Trading & Co Inc., Plantation, FL Kokomo-Womens-Swirl-Print-7-way-Scarf/5740547/product.html.
(US) (2 pages).*
(72) Inventors: Jagdeep Singh, Miramar, FL (US); (Continued)
Praveen Jolly, Miramar, FL (US)
Primary Examiner - Karen E. Eldridge Powers
(73) Assignee: H. R. Trading & Co. Inc., Plantation, Assistant Examiner - Jasmine Mlinarcik
FL (US) (74) Attorney, Agent, or Firm - Mayback & Hoffman P.A.;
(**) Gregory L. Mayback
Term: 14 Years

(21) Appl. No.: 29/502,848


(57) CLAIM
(22) Filed: Sep. 19, 2014 The ornamental design for a scarf, as shown and described.
(51) LOC (10) Cl. 02-05
(52) U.S. Cl.
USPC D2/502
DESCRIPTION
(58) Field of Classification Search
USPC D2/500, 501, 502, 503, 504, 505, 506,
FIG. 1 is a top plan view showing our new design of a scarf
D2/507, 508, 728, 739, 750, 823, 824, 826,
laid out flat, the reverse side being a mirror image thereof;
D2/828, 829, 840, 841, 842, 845, 846, 847,
D2/848, 850, 860, 861, 862; D5/4, 5, 20, FIG. 2 is a front elevation view of the scarf of FIG. 1 in a worn
D5/28, 56, 59, 61, 99 configuration;
CPC ... A41D 23/00; A41D 2023/004; A41B 1/00; FIG. 3 is a rear elevation view of the scarf of FIG. 1 in the
A41B 1/18 worn configuration;
See application file for complete search history. FIG. 4 is a top plan view of the scarf of FIG. 1 in the worn
configuration;
(56) References Cited FIG. 5 is an elevation view of a left side of the scarf of FIG. 1
in the worn configuration;
U.S. PATENT DOCUMENTS FIG. 6 is an elevation view of a right side of the scarf of FIG.
1 in the worn configuration; and,
D37,524 S * 8/1905 William et al. D26/123 FIG. 7 is a front perspective view of the scarf of FIG. 1 in the
D140,661 S * 3/1945 Gottschalk D2/502
D173,324 S * 10/1954 Portong D5/59 worn configuration.
3,914,797 A * 10/1975 Stembridge A41B 13/10 Each of the white intermediate areas, the black lines, and the
2/207 hatched intermediate areas shown in FIGS. 1 through 7 rep-
5,016,288 A * 5/1991 Pan A41D 23/00 resent a contrast in appearance. The parallel dotted lines on
2/207 the left and right ends of the scarf represent environmental
D411,755 S * 7/1999 Hill D2/601
structure that forms no part of the claimed design. The dashed
(Continued) lines depicting a person in FIGS. 1 through 7 assist in illus-
OTHER PUBLICATIONS trating how the claimed design may appear when worn and
form no part of the claimed design.
"Kokomo Women's Swirl Print 7-way Scarf," item available for sale
on-line with a crawl back date of Oct. 12, 2011. Retrieved from the 1 Claim, 6 Drawing Sheets
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EXHIBIT “B”
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EXHIBIT “C”
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