Professional Documents
Culture Documents
Cree v. Maxbrite - Complaint
Cree v. Maxbrite - Complaint
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UNITED STATES DISTRICT COURT
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Plaintiff,
v.
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COMES NOW, Plaintiff Cree, Inc. (Plaintiff) hereby files its Complaint for Damages
and Declaratory Relief (Complaint) against Defendants Maxbrite LED Lighting Technology,
LLC (Maxbrite); John Anh Le, who is also known as John Lee and/or Kim Le; and DOES 1-
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PARTIES
1.
Plaintiff, is now, and was at the time of the filing of this Complaint, and at all
intervening times, a North Carolina corporation with its principal place of business located in
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Plaintiff alleges, on information and belief, that Defendant Maxbrite LED Lighting
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Technology, LLC (Defendant), is now, and was at the time of the filing of this Complaint, a
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California limited liability company with its principal place of business located in San Jose,
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California.
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3.
Plaintiff is informed and believes that Defendant John Anh Le is, at the time of
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the filing of this Complaint and at all intervening times, an individual also known as John Lee
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and/or Kim Le, who resides in San Jose, California, and is a principal member of Defendant
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4.
Defendant Maxbrite did not and does not have sufficient funding to assume
Plaintiff is informed and believes that since the time of its creation, now, and at all
Plaintiff is informed and believes that since the time of its creation, now, and at all
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times relevant to this Complaint, Defendant Maxbrite failed to observe corporate formalities
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required by law.
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Plaintiff further alleges, on information and belief, that Defendant John Anh Le is
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the alter ego of Defendant Maxbrite and that Defendant John Anh Le personally directed and
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otherwise, of Defendants herein named as DOES 1-10, inclusive, are unknown to Plaintiff.
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Plaintiff therefore sues said Defendants by such fictitious names. When the true names and
capacities of said Defendants have been ascertained, Plaintiff will amend this pleading
accordingly.
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Plaintiff is informed and believes and thereon alleges that at all times mentioned
herein Defendants and DOES 1-10, inclusive, and each of them, were the agents, servants and
employees of every other Defendant and the acts of each Defendant, as alleged herein, were
performed within the course and scope of that agency, service or employment.
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Plaintiff further alleges that Defendants and DOES 1-10, inclusive, sued herein by
fictitious names are jointly, severally and concurrently liable and responsible with the named
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Defendants upon the causes of action hereinafter set forth and shall henceforth be referred to
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collectively as Defendants.
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JURISDICTION / VENUE
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This Court has Federal subject matter jurisdiction over this matter pursuant to 28
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U.S.C. 1331 and 1338(a) and (b), in that the case arises out of claims for trademark infringement,
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false designation of origin, and dilution under the Lanham Act (15 U.S.C. 1051 et seq.), and
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design patent infringement under the Patent Act (35 U.S.C. 271).
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This Court also has supplemental jurisdiction pursuant to 28 U.S.C. 1367(a) and
1338 (a)(b).
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13.
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and belief, a substantial part of the events or omissions giving rise to the claim occurred in this
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Defendants conduct business in California and in this judicial district, have purposefully directed
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action to California and this district, or have otherwise availed themselves of the privileges and
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protections of the laws of the State of California, such that this Courts assertion of jurisdiction
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over Defendants does not offend traditional notions of fair play and due process.
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INTRADISTRICT ASSIGNMENT
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Pursuant to Rule 3-2(c) of the Local Rules of Practice in Civil Proceedings before
the United States District Court for the Northern District of California (Civil L.R.) and the
Courts Assignment Plan, this is an Intellectual Property Action to be assigned on a district wide-
basis.
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Assignment to the San Jose Division is appropriate pursuant to Civil L.R. 3-2(d)
because a substantial part of the events that give rise to Plaintiffs claims against Defendants
occurred in Santa Clara County, California, where Defendants principal place of business is
located.
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GENERAL ALLEGATIONS
Plaintiff and its Famous CREE Brand and Products
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Building on its success with SiC, Plaintiff began developing an innovative light emitting diode
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(LED) for use in a variety of applications and introduced numerous LEDs in the 1990s and
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2000s.
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and sale of LEDs, lighting products using LEDs, semiconductor products for RF applications, and
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a variety of other products under various trademarks, including but not limited to the CREE
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marks. Plaintiffs CREE-branded products and marks have achieved great success since their
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Plaintiffs lighting and related products have earned a reputation for innovation,
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quality and performance. Plaintiff has spent substantial time, money and effort in developing
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consumer recognition and awareness of its CREE marks and products. Plaintiff has spent an
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enormous amount of money on print and Internet advertising in order to inform consumers of the
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Through the extensive use of Plaintiffs marks, Plaintiff has built up and developed
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significant goodwill in its entire product line. Wide arrays of newspapers, magazines and
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television networks have included advertising of Plaintiffs products, which are immediately
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Plaintiffs LED and LED lighting products, the CREE marks have been prominently placed in
the minds of the public. Consumers, purchasers and the members of the public have become
familiar with Plaintiffs intellectual property and products, and have come to recognize the
CREE marks and products, and associate them exclusively with Plaintiff. Plaintiff has acquired
a valuable reputation and goodwill among the public as a result of such association. Indeed, the
CREE marks are famous in the United States and around the world.
Plaintiffs Trademarks
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While Plaintiff has gained significant common law trademark and other rights in
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its CREE products and services through its use, advertising and promotion, Plaintiff has also
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protected its valuable rights by filing for and obtaining numerous federal trademark registrations.
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This includes registration for the following non-exhaustive list of Trademarks (collectively
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A.
CREE: United States Patent and Trademark Office (USPTO) Reg. No.:
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2,440,530, Registered April 3, 2001, for electronic devices and materials, namely, optoelectronic
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devices, light emitting diodes, photodiodes, and silicon carbide semiconductor wafers;
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B.
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CREE: USPTO Reg. No.: 3,935,628, Registered March 22, 2011, for
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CREE: USPTO Reg. No.: 3,935,629, Registered March 22, 2011, for
flashlights, light emitting diode lighting fixtures, light bulbs, lighting fixtures, and spotlights; and
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D.
CPY250: USPTO Reg. No.: 4,888,986, Registered January 19, 2016, for
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Plaintiff is one of the foremost designers and manufacturers of lighting and LED
related products in the world. Plaintiff designs and manufactures LED lighting products for
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Plaintiff owns various valid and lawfully issued United States Design Patents for
its lighting products, including but not limited to U.S. Design Patent Nos.: D721,844 S (parent)
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selling, importing, or distributing any products embodying the CREE Design Patents.
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By letter dated April 22, 2016, counsel for Plaintiff placed Defendants on notice
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that its advertising, offer for sale, and sale of certain lighting products infringed on specific CREE
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On May 3, 2016, Defendant John Anh Le, a/k/a John Lee, confirmed via email to
counsel for Plaintiff that Defendants are in receipt of the April 22, 2016 letter.
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On May 26, 2016, Plaintiffs investigator purchased an LED Canopy Gas Station
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Luminaire from Defendants through its website, www.maxbriteled.com, for a cost of $292.52,
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30.
The LED Canopy Gas Station Luminaire purchased and received from Defendants
was inspected by Plaintiff to determine its authenticity. Plaintiffs inspection of the purchased item
confirmed that the item Defendants sold and distributed infringed upon the CREE Design Patents.
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On July 26, 2016, and August 8, 2016, Plaintiffs investigator purchased LED
Shoebox Parking Lot Fixtures from Defendants through its website, www.maxbriteled.com, for
costs of $525.57 and $431.77, respectively, paid for by PayPal electronic fund transfers. The
listings on www.maxbriteled.com advertised that each of the two purchased products contained a
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The two LED Shoebox Parking Lot Fixtures purchased and received from
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Defendants were inspected by Plaintiff to determine their authenticity. Plaintiffs inspection of the
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purchased items confirmed that the items Defendants sold and distributed did not contain
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Plaintiffs LED light products or component parts. The light source on the products did not
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originate from Plaintiff, was not manufactured or distributed by Plaintiff, and was not authorized
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by Plaintiff.
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By these sales, and on information and belief, Defendants violated and continue to
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violate Plaintiffs exclusive rights in its trademarked and patented lighting products, components,
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and related goods and services, and use images and marks which are confusingly similar to,
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identical to, and/or constitute infringing reproductions of Plaintiffs trademarks and design
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patented products to confuse consumers and aid in the promotion and sales of their unauthorized
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goods.
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Defendants conduct and use began long after Plaintiffs adoption and use of its
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CREE Trademarks and CREE Design Patents, and after Plaintiff obtained the trademark
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registrations and issued design patents alleged above, and after Plaintiffs marks became famous.
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Indeed, Defendants had knowledge of Plaintiffs ownership of the marks, and of the fame in such
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marks, prior to the actions alleged herein, and adopted them in bad faith and with intent to cause
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confusion, tarnish, counterfeit and dilute Plaintiffs marks and products. Defendants also had
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knowledge of Plaintiffs ownership of the design patents and reproduced the products claimed by
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them in bad faith and in violation of Plaintiffs patent rights. Neither Plaintiff nor any authorized
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agents of Plaintiff have consented to Defendants use of Plaintiffs CREE Trademarks or CREE
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bad faith and with the intent to dilute Plaintiffs marks, and to cause confusion and mistake, and
to deceive the consuming public and the public at large as to the origin, source, sponsorship and/or
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recklessly, willfully, or in bad faith committed the following acts, all of which have and will
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continue to cause irreparable harm to Plaintiff: (i) infringed, tarnished, and diluted Plaintiffs rights
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in the CREE Trademarks; (ii) misled the public into believing there is an association or
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connection between Defendants and Plaintiff, and the products advertised and sold by Defendants
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and Plaintiff; (iii) used false designations of origin on or in connection with its goods and services;
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(iv) committed false advertising and unfair business practices; (vi) infringed upon Plaintiffs
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patented designs; and (viii) unfairly profited from such activity. Unless enjoined, Defendants will
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LIGHTING TECHNOLOGY, LLC; JOHN ANH LE a/k/a JOHN LEE and/or KIM LE;
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Plaintiff hereby incorporates by reference each of the other allegations set forth
elsewhere in this Complaint as though fully set forth in this cause of action.
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Plaintiff, as the owner of all right, title and interest in and to these trademarks, has
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standing to maintain an action for trademark infringement under the U.S. Trademark Statute 15
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U.S.C. 1114.
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40.
Defendants are, and at the time of their actions complained of herein were, actually
aware that Plaintiff is the registered trademark owner of the CREE Trademarks. (See Exhibits
A - D).
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Defendants did not have and failed to obtain the consent or authorization of
Plaintiff as the registered owner of the CREE Trademarks to deal in and commercially distribute,
market and sell CREE products bearing Plaintiffs asserted marks into the stream of commerce.
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the reproductions, counterfeits, copies, and/ or colorable imitations of Plaintiffs asserted marks
in connection with the sale, offering for sale, distribution, or advertising of Defendants goods by
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offering, advertising, promoting, retailing, selling, and distributing counterfeit CREE products
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registered CREE Trademarks and applied such reproductions, counterfeits, copies, or colorable
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imitations to labels, signs, prints, packages, wrappers, receptacles and/or advertisements intended
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to be used in commerce upon or in connection with the sale, offering for sale, import, distribution,
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and/or advertising of goods. Defendants thereupon offered, advertised, promoted, retailed, sold,
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and distributed counterfeit CREE products bearing the CREE asserted marks.
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likely to cause confusion, or to cause mistake, or to deceive, mislead, betray, and defraud
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consumers who believe that Defendants items are authentic products manufactured by Plaintiff.
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Defendants acts infringe on Plaintiffs exclusive rights and goodwill in the marks,
Plaintiff has suffered and will continue to suffer substantial and irreparable injury,
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loss and damage to its rights in and to the CREE Trademarks and the goodwill associated
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therewith, for which it has no adequate remedy at law; thus Plaintiff requests injunctive relief.
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in violation of 32 of the Lanham Act, 15 U.S.C. 1114. Based on such conduct, Plaintiff is
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entitled to injunctive relief as well as monetary damages, and other remedies provided by 1116,
1117, and 1118, including Defendants profits, treble damages, reasonable attorneys fees, costs,
(False Designation of Origin & Unfair Competition against Defendants MAXBRITE LED
LIGHTING TECHNOLOGY, LLC; JOHN ANH LE a/k/a JOHN LEE and/or KIM LE;
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Plaintiff hereby incorporates by reference each of the other allegations set forth
elsewhere in this Complaint as though fully set forth in this cause of action.
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Plaintiff, as the owner of all common law right, title, and interest in and to the
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CREE asserted marks, has standing to maintain an action for false designation of origin and
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unfair competition under the Federal Trademark Statute, Lanham Act 43(a) (15 U.S.C. 1125).
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Plaintiffs asserted marks are fanciful, inherently distinctive and/or have acquired distinctiveness.
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services, used in commerce marks which are confusingly similar to the asserted marks, and have
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made false designations of origin which are likely to cause confusion or cause mistake or to
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deceive as to the affiliation, connection or association of Defendants with Plaintiff, and as to the
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Defendants conduct described above violates the Lanham Act, and Defendants
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have unfairly competed with and injured and, unless immediately restrained, will continue to
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injure Plaintiff, causing damage to Plaintiff in an amount to be determined at trial, and will cause
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irreparable injury to Plaintiffs goodwill and reputation associated with the value of Plaintiffs
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asserted marks.
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On information and belief, the conduct of Defendants has been negligent, reckless,
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willful, or in bad faith to cause confusion, or to cause mistake or to deceive and in blatant disregard
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of Plaintiffs rights.
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53.
Defendants knew, or by the exercise of reasonable care should have known, that
their adoption and commencement of use in commerce and continuing use of marks which are
would cause confusion, mistake, or deception among purchasers, users and the public.
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Defendants use and sale of lighting products bearing Plaintiffs asserted marks
unfairly competes with Plaintiff and is likely to cause confusion, mistake, or to deceive, mislead,
betray, and defraud consumers to believe that the substandard imitations are genuine CREE
products.
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designation of origin and unfair competition in violation of 43(a) of the Lanham Act, 15 U.S.C.
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1125(a), causing Plaintiff to suffer substantial and irreparable injury for which it has no adequate
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remedy at law.
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substantial sales and profits on the strength of Plaintiffs marketing, advertising, sales and
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alleged herein, Plaintiff has been and will be deprived of sales of its CREE products in an amount
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as yet unknown but to be determined at trial, and has been deprived and will be deprived of the
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value of their marks as commercial assets in an amount as yet unknown but to be determined at
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trial. Plaintiff seek damages and an accounting of Defendants profits, and requests that the Court
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well as monetary damages, and other remedies as provided by the Lanham Act, including
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Defendants profits, treble damages, reasonable attorneys fees, costs and prejudgment interest.
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JOHN ANH LE a/k/a JOHN LEE and/or KIM LE; and DOES 1 through 10, Inclusive)
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elsewhere in this Complaint as though fully set forth in this cause of action.
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Plaintiff hereby incorporates by reference each of the other allegations set forth
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Plaintiffs asserted marks are distinctive and famous within the meaning of the
Lanham Act.
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Upon information and belief, Defendants unlawful actions began long after
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Plaintiffs mark became famous, and Defendants acted negligently, recklessly, willfully, or in bad
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faith to trade on Plaintiffs reputation and to dilute Plaintiffs asserted marks. Defendants
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Plaintiffs marks is likely to cause confusion, mistake, or to deceive, mislead, betray, and defraud
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consumers to believe that the substandard imitations are genuine CREE products. The actions
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of Defendants complained of herein have diluted and will continue to dilute Plaintiffs asserted
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and other marks, and are likely to impair the distinctiveness, strength and value of Plaintiffs
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marks, and injure the business reputation of Plaintiff and its marks.
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Defendants acts have caused and will continue to cause Plaintiff irreparable harm.
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Plaintiff has no adequate remedy at law to compensate it fully for the damages which have been
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caused and which will continue to be caused by Defendants unlawful acts, unless they are
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As the acts alleged herein constitute a violation of 43(c) of the Lanham Act, 15
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U.S.C. 1125(c), Plaintiff is entitled to injunctive relief as well as monetary damages and other
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remedies provided by 15 U.S.C. 1116, 1117, 1118, and 1125(c), including Defendants profits,
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actual and statutory damages, treble damages, reasonable attorneys fees, costs and prejudgment
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interest.
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LED LIGHTING TECHNOLOGY, LLC; JOHN ANH LE a/k/a JOHN LEE and/or KIM
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Plaintiff hereby incorporates by reference each of the other allegations set forth
elsewhere in this Complaint as though fully set forth in this cause of action.
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Defendants are and at the time of their actions complained of herein were actually
Defendants did not have and failed to obtain the consent or authorization of
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Plaintiff as the registered owner of the CREE Trademarks to use Plaintiffs Trademarks to deal
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Plaintiff is informed and believes that Defendants knew or should have known that
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the products they were dealing in, distributing, selling, and/or advertising on behalf of their
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Plaintiff is informed and believes and alleges that Defendant John Anh Le profited
directly from Defendant MaxBrites and his infringing use of the CREE Trademarks.
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Plaintiff is informed and believes and alleges that Defendant John Anh Le had the
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right and ability to supervise and/or control and indeed directed the infringing activity of
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Defendant Maxbrite.
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TECHNOLOGY, LLC; JOHN ANH LE a/k/a JOHN LEE and/or KIM LE; and
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Plaintiff hereby incorporates by reference each of the other allegations set forth
elsewhere in this Complaint as though fully set forth in this cause of action.
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Plaintiff is the owner of the CREE Design Patents with the United States Patent &
Upon information and belief, Defendants have infringed and continue to infringe
directly and indirectly the CREE Design Patents by advertising, offering to sell, selling and/or
distributing in the United States and/or importing into the United States, lighting products which
embody the designs covered by Plaintiffs design patents or equivalents thereof, including but not
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Upon information and belief, Defendants infringing products include all of the
The design of the LED Canopy Gas Station Luminaire purchased from Defendants
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is the same or substantially the same as Plaintiffs CREE Design Patents. The design of
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Defendants knockoff product are so similar as to be nearly identical such that an ordinary
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observer, giving such attention as a purchaser usually gives, would be so deceived by the
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substantial similarity between the designs so as to be induced to purchase the infringing products
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believing them to be substantially the same as Plaintiffs authentic lighting products. The
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following is a side-by-side comparision of the trademarked and patented CPY250 gas canopy
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model manufactured and sold by Plaintiff with a picture of the infringing LED Canopy Gas
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By their conduct, Defendants have violated and continue to violate 35 U.S.C. 271
and/ordistributing in the United States and/or importing into the United States products that are
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U.S.C. 271 by indirect infringement of Plaintiffs CREE Design Patents, by inducing others to
directly infringe the CREE Design Patents by advertising, offering to sell, selling, and/or
distributing in the United States and/or importing into the United States products that directly
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use, offer to sale, sell, import, or distribute any lighting products bearing similarities to the CREE
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Design Patents, particularly in relation to Plaintiffs product known and trademarked as the
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CPY250.
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Plaintiff is informed and believes, and on that basis alleges, that Defendants have
As a direct and legal result of Defendants wrongful conduct, Plaintiff has been
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and will be irreparably and permanently harmed; wherefore Plaintiff is without an adequate
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remedy at law. Accordingly, Plaintiff is entitled to, among other things, an order enjoining and
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restraining Defendants from further engaging in infringement of the CREE Design Patents.
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Defendants infringement of the CREE Design Patents is and has been willful.
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award of treble damages, and its reasonable attorneys fees and costs.
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LED LIGHTING TECHNOLOGY, LLC; JOHN ANH LE a/k/a JOHN LEE and/or KIM
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Plaintiff hereby incorporates by reference each of the other allegations set forth
elsewhere in this Complaint as though fully set forth in this cause of action.
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Defendants are and at the time of their actions complained of herein were actually
aware that Plaintiff is the registered owner of the CREE Design Patents.
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Defendants did not and failed to obtain the consent or authorization of Plaintiff as
the registered owner of the CREE Design Patents to use the protected design to deal and
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Plaintiff is informed and believes that Defendants knew or should have known that
the products they were dealing in, importing, distributing, selling, and/or advertising on behalf of
their customers were lighting products infringing upon the CREE Design Patents.
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Plaintiff is informed and believes and alleges that Defendant John Anh Le profited
directly from Defendant MaxBrites and his infringing use of the CREE Design Patents.
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Plaintiff is informed and believes and alleges that Defendant John Anh Le had the
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right and ability to supervise and/or control and indeed directed the infringing activity of
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Defendant Maxbrite or, on information and belief, Defendants knowingly induced infringement
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and has had a specific intent to induce infringement of the Cree Design Patents by its activities
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WHEREFORE, Plaintiff Cree, Inc., prays for judgment against Defendants Maxbrite LED
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Lighting Technology, LLC; John Anh Le, who is also known as John Lee and/or Kim Le; and
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at trial for false designation of origin and unfair competition under 15 U.S.C.
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1125(a);
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3. For $2,000,000.00 per counterfeit mark per type of goods sold, offered for sale, or
distributed under 15 U.S.C. 1117(c).
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5. In the alternative to actual damages and Defendants profits for the infringement and
damages pursuant to 15 U.S.C. 1117(c), which election Plaintiff will make prior to
6. Judgment in favor of Plaintiff and against Defendants, that the CREE Design Patents
are valid and Defendants have and continue to directly infringe, induce infringement
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7. For an award of all damages, including treble damages, based on any infringement
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8. For an award of all profits, pursuant to 35 U.S.C. 289 together with prejudgment
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interest;
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9. For temporary, preliminary and permanent injunctive relief from this Court
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and/or dealing in any counterfeit product; the unauthorized use of any trademark; acts
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10. For an order from the Court requiring that Defendants provide complete accountings
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and for equitable relief, including that Defendants disgorge and return or pay their ill-
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gotten gains obtained from the illegal transactions entered into and or pay restitution,
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including the amount of monies that should have been paid if Defendants complied
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11. For an order from the Court that an asset freeze or constructive trust be imposed over
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all monies and profits in Defendants possession which rightfully belong to Plaintiff;
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12. For destruction of the infringing articles in Defendants possession under 15 U.S.C.
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1118;
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13. For treble damages suffered by Plaintiff as a result of the willful and intentional
1117(b);
Court;
18. For such other and further relief as the Court may deem just and equitable.
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Plaintiff Cree, Inc. respectfully demands a trial by jury in this action pursuant to Civil L.R.
3-6(a).
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Exhibit A
Exhibit B
Exhibit C
Exhibit D
The JS-CAND 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 in its original form by the Judicial Conference of the United States in September 1974, is required for the Clerk of
Court to initiate the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
DEFENDANTS
(b)
Durham County
NOTE:
(c)
U.S. Government
Plaintiff
3 Federal Question
(U.S. Government Not a Party)
U.S. Government
Defendant
4 Diversity
(Indicate Citizenship of Parties in Item III)
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
Of Veterans Benefits
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
2 Removed from
State Court
3 Remanded from
Appellate Court
DEF
Citizen or Subject of a
Foreign Country
3 Foreign Nation
FORFEITURE/PENALTY
PERSONAL INJURY
PERSONAL INJURY
310 Airplane
365 Personal Injury
315 Airplane Product
Product Liability
Liability
367 Health Care/
320 Assault, Libel &
Pharmaceutical
Slander
Personal Injury
330 Federal Employers
Product Liability
Liability
368 Asbestos Personal
340 Marine
Injury Product
345 Marine Product
Liability
Liability
PERSONAL PROPERTY
350 Motor Vehicle
370 Other Fraud
355 Motor Vehicle
371 Truth in Lending
Product Liability
380 Other Personal
Property Damage
360 Other Personal
Injury
385 Property Damage
362 Personal Injury Product Liability
Medical Malpractice
CIVIL RIGHTS
PRISONER PETITIONS
Habeas Corpus:
440 Other Civil Rights
441 Voting
463 Alien Detainee
442 Employment
510 Motions to Vacate
Sentence
443 Housing/
Accommodations
530 General
535 Death Penalty
445 Amer. w/Disabilities
Employment
Other:
540 Mandamus & Other
446 Amer. w/Disabilities
Other
550 Civil Rights
448 Education
555 Prison Condition
560 Civil Detainee
Conditions of
Confinement
BANKRUPTCY
LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions
4 Reinstated or
Reopened
5 Transferred from
Another District
OTHER STATUTES
375 False Claims Act
376 Qui Tam (31 USC
3729(a))
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes
6 Multidistrict
LitigationTransfer
(specify)
8 Multidistrict
LitigationDirect File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
15 U.S.C. 1114/Lanham Act 32(a); 15 U.S.C. 1125(a)/Lanham Act 43(a); 15 U.S.C. 1125(c); and 35 U.S.C. 271
DEMAND $
VII. REQUESTED IN
CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, Fed. R. Civ. P.
COMPLAINT:
VIII. RELATED CASE(S),
IF ANY (See instructions):
JUDGE
IX. DIVISIONAL ASSIGNMENT (Civil Local Rule 3-2)
(Place an X in One Box Only)
SAN FRANCISCO/OAKLAND
DATE: 11/18/2016
Yes
DOCKET NUMBER
SAN JOSE
EUREKA-MCKINLEYVILLE
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