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Ramsey v. Walchle - Complaint
Ramsey v. Walchle - Complaint
SEAN RAMSEY
Plaintiff
Case No.
vs.
Defendants
Comes the Plaintiff, Sean Ramsey (“Plaintiff Ramsey”), and by counsel he brings
this Complaint against Defendants Kurt Walchle (“Defendant Walchle”) and Tough Gear,
1. This is an action for false advertising brought under both section 43(a) of
the Lanham Act, 15 U.S.C. § 1125(a), and the Florida Deceptive and Unfair Trade Practices
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Act, F.S.A. § 501.201 et seq; an action for design patent infringement brought under the
U.S. Patent Act, 35 U.S.C. § 1 et seq.; an action for trademark infringement and unfair
competition brought under both section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and
Florida law, namely, the Florida Deceptive and Unfair Trade Practices Act, F.S.A.
§ 501.201 et seq. and the common law; an action for infringement of two copyrights
brought under the United States Copyright Act, 17 U.S.C. §101 et seq.; an action for breach
of contract brought under the common law; an action for fraud and an action for unfair,
deceptive, or unconscionable acts or practices brought under both the common law and the
Florida Deceptive and Unfair Trade Practices Act, F.S.A. § 501.201 et seq.
attorneys’ fees associated with the offending behaviors which brought rise to these claims.
3. This Court has original jurisdiction to adjudicate the false advertising and
trademark infringement claims brought under section 43(a) of the Lanham Act, 15 U.S.C.
§ 1125(a); exclusive jurisdiction to adjudicate the infringement claims brought under U.S.
Patent and Copyright Acts; and supplemental jurisdiction to adjudicate the state law unfair
competition claims and common law claims associated with the foregoing claims pursuant
to 28 U.S.C. § 1338.
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claims brought in this action pursuant to 28 U.S.C. § 1332 because Plaintiff is a citizen of
the Commonwealth of Kentucky and all Defendants are citizens of states other than the
Commonwealth of Kentucky, and the amount in controversy exclusive of interest and costs
because Defendants do business nationwide, including in Florida and in this District and
the events giving rise to the claims asserted in this proceeding occurred in this District.
Kentucky 40220, is the owner and operator of a sole proprietorship doing business as
bracelets formed in part with parachute cord, a material often referred to by the
abbreviation, “paracord.”
Complaint, Defendant Tough Gear, Inc. doing business as Survival Straps was a Florida
corporation engaged in the manufacture and sale of assorted consumer goods, including
bracelets formed in part with paracord. On information and belief, Defendant Survival
Straps’ last known place of business was 830-13 A1A N, Suite 502, Ponte Vedra Beach,
Florida 32082.
this Complaint, Defendant Kurt Walchle, an individual, was the president and CEO of
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Survival Straps. On information and belief, Defendant Walchle resides at 121 Egrets Walk
this Complaint Defendant Walchle was an owner and officer of Defendant Survival Straps
and had the right and ability to supervise the offending activities which are the subject of
10. Plaintiff Ramsey is the creator, designer, and inventor of a bracelet design
end by spent ammunition shell casings, which products are marketed under the product
adopted by Plaintiff Ramsey and continuously used in association with the goods since at
least January 2015 to identify and distinguish Plaintiff Ramsey’s goods from bracelets
manufactured or marketed by others and further used to indicate the source of the bracelets
Trademark”).
4
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parachute cord fabric stretched over a bendable central wire, the ends of which are enclosed
by empty shell casings. The finished product is then worn by sliding or bending the bracelet
15. Unlike the “Original Design” of the goods in which the decorative fabric is
a sleeve stretched over the bendable central wire, the “Newer Design” of the goods,
(hereafter the “BULLET BRACELET Spiral Design”), such as is shown in the photograph
reproduced on the right above, consists of a length of parachute cord spirally wrapped
5
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which the paracord is spirally wrapped around the bendable central wire, is more clearly
17. Plaintiff Ramsey is the creator and inventor of both designs of BULLET
BRACELETS.
the “creative spark” which satisfies the “minimal level” or “modicum of creativity”
requisite to protection of said designs under the copyright laws of the United States.
19. In addition to containing the “creative spark” which satisfies the “minimal
level” or “modicum of creativity” requisite to protection of said designs under the copyright
laws of the United States, both BULLET BRACELET designs also consists of a level of
inventiveness which satisfies the higher standard of novelty requisite to protection of said
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20. Plaintiff Ramsey has prosecuted with the United States Patent & Trademark
Office an application for issuance of a design patent covering the BULLET BRACELET
Spiral Design, the design consisting of paracord spirally wrapped around the bendable
central wire, the ends of which are enclosed by empty shell casings, namely an application
to register as a design patent the BULLET BRACELET Spiral Design such as is illustrated
21. The United States Patent & Trademark Office examined the application,
determined the BULLET BRACELET Spiral Design satisfied the novelty standard
requisite for patent protection and issued a design patent registration of said design,
namely, Patent No. US D791,006 S, which patent was issued on July 4, 2017 (the “’006
Design Patent”). A true and correct copy of the ’006 Design Patent is attached hereto and
22. The “novelty” standard requisite for patent protection is a higher, more
rigorous requirement than the “originality” standard requisite for protection under the
7
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copyright laws of the United States. The standard for copyright protection of a creative
three-dimensional design is that the design contain a “creative spark”; a “minimal level”
or “modicum of creativity.”
23. The BULLET BRACELET Spiral Design, the design consisting of paracord
spirally wrapped around the bendable central wire, the ends of which are enclosed by empty
shell casings, namely the same design which is the subject of the ’006 Design Patent
discussed above is an original work of authorship which satisfies the standard requisite for
requires of the creator only a “creative spark” to satisfy the “minimal level” or “modicum
of creativity” standard for protection under the copyright laws of the United States.
24. Plaintiff Ramsey has prosecuted with the United States Copyright Office an
appearance of the BULLET BRACELET Spiral Design, the design consisting of paracord
spirally wrapped around the bendable central wire, the ends of which are enclosed by empty
shell casings, namely the same design which is the subject of the ’006 Design Patent
discussed above.
delivered to the United States Copyright Office through said office’s on-line application
electronic filing portal the requisite deposit image of the design sought to be registered, a
completed application for registration in proper form, and the requisite filing fee. Said
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the United States Copyright Office (the “Jewelry Design Copyright Filing”).
26. The United States Copyright Office employee assigned to examine said
application for copyright registration issued a letter refusing registration informing Plaintiff
Ramsey of a determination “this particular work will not support a claim” for registration
because, in the view of the examiner, the design did not consist of the requisite “minimum
27. In doing so, the United States Copyright Office wrongly interpreted the
governing law, misapplying the pertinent “originality” standard requisite for copyright
protection which only requires of the creator a “creative spark,” a “minimal level” or
“modicum of creativity.”
the BULLET BRACELET Spiral Design which was the subject of the Jewelry Design
Copyright Filing and will be serving notice thereof along with a copy of this Complaint on
the Register of Copyrights in which case the Register will have the option to intervene as
a party in this action to litigate the issue of whether the Jewelry Design Copyright Filing
work of authorship which satisfies the standard requisite for copyright protection, namely
the pertinent standard which requires of the creator only a “creative spark,” a “minimal
level” or “modicum of creativity” for protection under the copyright laws of the United
States.
32. Plaintiff Ramsey has prosecuted with the United States Copyright Office an
reproduced above.
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33. The United States Copyright Office examined the application, determined
the advertising photograph satisfied the “originality” standard requisite for copyright
protection, necessarily finding the advertising photograph contained the adequate “creative
and issued registration of copyright for the photograph, namely, VA 2-098-472, (the
Photograph Copyright is attached hereto and incorporated herein by this reference labeled
as Plaintiff’s Exhibit 2.
BULLET BRACELETS.
Plaintiff Ramsey, “You make great stuff” and “I would love to talk with you because I
think there are some ways we could work together and I know we could move a lot of
products.”
36. At that time, Defendant Walche also informed Plaintiff Ramsey that
them tomorrow.”
37. Defendants initial sales of the Plaintiff’s BULLET BRACELETS were very
strong, and on November 3, 2015, Defendant Walchle informed Plaintiff Ramsey they were
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expecting to “sell between 150 and 200 today,” and “I think we are gonna blow this out of
the water.”
38. During that time period, Defendants informed Plaintiff Ramsey that his
confusion in the marketplace and possibly interfering with Defendants resale of BULLET
his website, or to redirect all traffic from Plaintiff’s website to Defendant’s website.
Plaintiff Ramsey, “Sold another 150 today. I will call you tomorrow. We are about to blow
this up. I will call you with some details and the plan to take us through Christmas.”
40. Five days later, on November 10, Defendant Walchle informed Plaintiff
Ramsey, “We need 600 [more BULLET BRACELETS] asap. Probably 700 after today”
and also inquired, “are you available tomorrow morning? I need to talk to you about the
41. The plan offered by Defendants and agreed upon was that Defendants would
continue to advertise and sell stock colors of the BULLET BRACELET Spiral Design, all
paracord and multi-colored types of paracord, and because Plaintiff maintained a less
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extensive inventory of colors of paracord, that Defendants would purchase for resale its
exchange for Plaintiffs agreement to allow Defendants to produce on its own for sale by
would continue to advertise and sell stock colors of Bullet Bracelets, all to be manufactured
by Plaintiff Ramsey, and then in 2016 Defendants could also begin advertising a wide array
Defendants with Plaintiff’s permission, on or about November 20, 2015, upon reviewing
Defendants’ Internet website, Plaintiff noticed that Defendants had begun advertising an
BULLET BRACELETS manufactured from spent shell casings of another caliber than the
45. On November 20, 2015, after discovering that Defendants were offering for
Defendant Walchle who responded acknowledging that Defendants had “prelaunched” the
about the pre-release of the colored BULLET BRACELETS, the pre-release of the
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different calibers and Plaintiff further complained that Defendants were manufacturing
49. Nor did Defendants reply to any of the “cease and desist” letters issued to
directly copied or otherwise derived from Plaintiff’s BULLET BRACELET Spiral Design,
including the black and other stock color BULLET BRACELETS which it had agreed to
acquire from Plaintiff for resale, and further, continued manufacturing and selling the other
BRACELET Spiral Design, the manufacture, advertising, and sale of which was not to
the parties, namely, the understanding and agreement that Defendants would continue to
advertise and sell black and other stock colors of BULLET BRACELETS, all of which
were to be manufactured by Plaintiff Ramsey, and not until 2016 could Defendants begin
to advertise and sell a wide array of other colors and multi-colored BULLET BRACELET
to be manufactured by Defendant.
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52. Although it was understood and agreed that the revenues associated with
BRACELETS, other than black and other stock colors, would inure only to the benefit of
Defendants, and consequently would be on the market in competition with the black and
Defendants would continue to advertise and sell black and other stock colors of BULLET
further condition the competition associated with the sale of competing BULLET
colored BULLET BRACELETS other than black and other stock colors would not
53. As such, the understanding and agreement that Defendants would in 2016
have Plaintiffs permission to also advertise and sell a wide array of other colors and multi-
consideration, namely, Defendants failure to continue to advertise and sell black and other
Ramsey, and the premature “pre-release” of the colored BULLET BRACELETS which it
was agreed Defendant could not manufacture and sell until 2016.
2016 begin manufacturing and selling some colors of BULLET BRACELETS in exchange
for Defendants’ agreement to continue to advertise and sell black and other stock colors of
15
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55. Defendants’ offer and agreement to continue to advertise and sell black and
BRACELETS other than black and other stock colors would not commence until 2016,
he known Defendants would begin manufacturing and selling black and other stock colors
prematurely commence selling the other competing colors, Plaintiff Ramsey would not
BRACELETS.
allowing them to manufacture and sell assorted colors and multi-colored BULLET
BRACELETS other than black and other stock colors but not until 2016 was permission
procured through Defendants’ fraud and misrepresentations, and accordingly the grant of
Ramsey and the Defendants, Defendants continued to manufacture and sell bracelets
directly copied or otherwise derived from Plaintiff’s BULLET BRACELET Spiral Design,
16
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including black and other stock color bracelets, as well as other colors of bracelets directly
which is used to advertise Plaintiff’s BULLET BRACELET Spiral Design, and without
advertise the Defendants’ bracelets which were directly copied, or otherwise derived from
Plaintiff’s BULLET BRACELET Spiral Design, namely the photograph referred to above
which were directly copied, or otherwise derived from Plaintiff’s BULLET BRACELET
Spiral Design, Defendants falsely advertise that the offending goods are original works,
17
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even though the offending goods are not the product of Defendants’ original design
ingenuity, rather are directly copied or otherwise derived from Plaintiff’s BULLET
directly copied or otherwise derived from Plaintiff’s BULLET BRACELET Spiral Design,
BULLET BRACELET Spiral Design, Defendants also expanded their product line to
include various other bracelet designs which were also continually marketed under
Plaintiff’s BULLET BRACELET Trademark and did so without the consent of Plaintiff to
do so.
constitute an intentional, willful, and wanton disregard of the Plaintiffs’ rights and property
unfair competition and unlawful trade practices under the common law and under the
65. At all times pertinent to the issues in this litigation, Defendant Walchle had
the right and ability to supervise the offending behaviors of Defendant Survival Straps
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complained in each of the Counts brought herein and actually directed, controlled, and
participated in as the moving force behind the actions complained of and had a direct
66. Defendant Walchle has knowingly failed to prevent the actions complained
of in each of the Counts brought herein, and his knowing failure to do so has resulted in
67. Walchle participated in, knew of, planned, approved, and profited from the
68. Unless these offending activities are enjoined, Plaintiff will suffer
irreparable injury for which there is no adequate remedy at law. Plaintiff has been and,
unless the offending behaviors of Defendants are enjoined, will likely continue to be
COUNT ONE
FALSE ADVERTISING
69. Each of the foregoing paragraphs of the Complaint are hereby incorporated
which were directly copied, or otherwise derived from Plaintiff’s BULLET BRACELET
Spiral Design, Defendants falsely advertise that the offending goods are original works,
even though the offending goods are not the product of Defendants’ original design
ingenuity, rather are directly copied or otherwise derived from Plaintiff’s BULLET
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of fact under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) and under the Florida
BRACELET Spiral Design, Defendants’ false advertising wrongly attributes credit for
Plaintiff.
COUNT TWO
BREACH OF CONTRACT
74. Each of the foregoing paragraphs No. 1 through 68 of this Complaint are
Plaintiff’s assent to the contractually obligations entered into between the parties were
derived from Plaintiff’s BULLET BRACELET Spiral Design, including black and other
stock color bracelets as well as other colors of bracelets directly copied or otherwise
derived from Plaintiff’s BULLET BRACELET Spiral Design constitute a material breach
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77. Said breaches have unjustly enriched Defendants and caused Plaintiff to
COUNT THREE
FRAUD
78. Each of the foregoing paragraphs No. 1 through 68 of this Complaint are
2016 begin manufacturing and selling some colors of BULLET BRACELETS in exchange
for Defendants’ agreement to continue to advertise and sell black and other stock colors of
80. Defendants offer and agreement to continue to advertise and sell black and
BRACELETS other than black and other stock colors would not commence until 2016
he known Defendants would begin manufacturing and selling black and other stock colors
prematurely commence selling the other competing colors, Plaintiff Ramsey would not
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BRACELETS.
allowing them to manufacture and sell assorted colors and multi-colored BULLET
BRACELETS other than black and other stock colors but not until 2016 was permission
precured through Defendants’ fraud and misrepresentations, and accordingly, the grant of
Plaintiff Ramsey, he would not have consulted with Defendants instructing them how to
84. Said false and material misrepresentations relied upon by Plaintiff Ramsey
to his detriment have unjustly enriched Defendants and caused Plaintiff to incur pecuniary
damages.
COUNT FOUR
DESIGN PATENT INFRINGEMENT
85. Each of the foregoing paragraphs No. 1 through 68 of this Complaint are
used, and sold bracelets directly copied or otherwise derived from Plaintiff’s BULLET
BRACELET Spiral Design, including black and other stock color bracelets as well as other
22
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BRACELET Spiral Design which are substantially similar, if not exact replicas, to
Plaintiff’s Bullet Bracelets, they are an exact replica of Plaintiff’s patented design.
used, or sold by Defendants without the authority of Plaintiff Ramsey are so substantially
similar in fact to the patented BULLET BRACELET Spiral Design that an ordinary
observer familiar with the BULLET BRACELET Spiral Design would be deceived into
thinking Defendants’ versions are the same as the BULLET BRACELET Spiral Design
which is the subject of the ’006 Design Patent issued by the United States Patent &
88. Such offending products are pursuant to 35 U.S.C. § 271 of the United
States Patent Act an infringement of the ’006 Design Patent, Plaintiff’s Exhibit 1, issued
by the United States Patent & Trademark Office in the name of and owned by Plaintiff
Ramsey.
89. Said infringements have unjustly enriched Defendants and caused Plaintiff
COUNT FIVE
COPYRIGHT INFRINGEMENT – ADVERTISING PHOTOGRAPH
90. Each of the foregoing paragraphs No. 1 through 68 of this Complaint are
registration No. VA 2-098-472, Plaintiff’s Exhibit 2, issued by the United States Copyright
Office in the name of and owned by Plaintiff Ramsey for the following photograph:
23
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Plaintiff Ramsey is vested with the exclusive right to reproduce, and to display publicly
the photograph, which is the subject of the copyright, and the exclusive right to prepare
93. Defendants have without the authority of Plaintiff Ramsey reproduced and
publicly displayed copies of the photograph and prepared derivative works utilizing said
95. Said infringements have unjustly enriched Defendants and caused Plaintiff
24
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COUNT SIX
COPYRIGHT INFRINGEMENT – JEWELRY DESIGN
96. Each of the foregoing paragraphs No. 1 through 68 of this Complaint are
97. The BULLET BRACELET Spiral Design, the design consisting of paracord
spirally wrapped around the bendable central wire, the ends of which are enclosed by empty
shell casings, namely the same design which is the subject of the ’006 Design Patent
discussed above is an original work of authorship which satisfies the standard requisite for
requires of the creator only a “creative spark” to satisfy the “minimal level” or “modicum
of creativity” standard for protection under the copyright laws of the United States.
98. Plaintiff Ramsey has prosecuted with the United States Copyright Office an
appearance of the BULLET BRACELET Spiral Design, the design consisting of paracord
spirally wrapped around the bendable central wire, the ends of which are enclosed by empty
shell casings, namely the same design which is the subject of the ’006 Design Patent
discussed above.
delivered to the United States Copyright Office through said office’s on-line application
electronic filing portal the requisite deposit image of the design sought to be registered, a
completed application for registration in proper form, and the requisite filing fee. Said
25
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the United States Copyright Office (the “Jewelry Design Copyright Filing”).
100. The United States Copyright Office employee assigned to examine said
application for copyright registration issued a letter refusing registration informing Plaintiff
Ramsey of a determination “this particular work will not support a claim” for registration
because, in the view of the examiner, the design did not consist of the requisite “minimum
101. In doing so, the United States Copyright Office wrongly interpreted the
governing law, misapplying the pertinent “originality” standard requisite for copyright
protection which only requires of the creator a “creative spark,” a “minimal level” or
“modicum of creativity.”
in this Count of the Complaint for a determination the BULLET BRACELET Spiral
Design, which was the subject of the Jewelry Design Copyright Filing is rightly entitled to
registration and will be serving notice thereof along with a copy of this Complaint on the
Register of Copyrights in which case the Register will have the option to intervene as a
party in this action to litigate the issue of whether the Jewelry Design Copyright Filing was
properly refused.
design consisting of paracord spirally wrapped around the bendable central wire, the ends
pursuant to 17 U.S.C. § 106, Plaintiff Ramsey is vested with the exclusive right to
reproduce, and to display publicly the such bracelets, and the exclusive right to prepare
105. Defendants have without the authority of Plaintiff Ramsey reproduced and,
publicly displayed copies of the BULLET BRACELET Spiral Design, and prepared
107. Said infringements have unjustly enriched Defendants and caused Plaintiff
COUNT SEVEN
TRADEMARK INFRINGEMENT & UNFAIR COMPETITION
108. Each of the foregoing paragraphs No. 1 through 68 of this Complaint are
connection with the sale, offering for sale, or advertising of goods of reproductions,
Trademark.
27
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with the sale, offering for sale, or advertising of goods has been, and any continuation
111. Defendants’ use of the BULLET BRACELET Trademark has been, and any
sponsorship, or approval of Defendants’ goods and will likely cause persons to mistakenly
believe that Defendants are affiliated, connected, or associated with the Plaintiff.
43(a)(1) of the Lanham Act, 15 U.S.C. § 1125(a)(1) and the common law.
114. Said infringements have unjustly enriched Defendants and caused Plaintiff
COUNT EIGHT
VIOLATION OF THE FLORIDA DECEPTIVE TRADE PRACTICES ACT
115. Each of the foregoing paragraphs in this Complaint are hereby incorporated
practices, and unfair or deceptive acts or practices in the conduct of its trade selling
offending products.
28
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118. Said violations have unjustly enriched Defendants and caused Plaintiff to
WHEREFORE, Plaintiffs pray for relief against Defendants, jointly and severally
as follows:
Defendants, their respective officers, agents, servants, employees, and attorneys, and any
other persons in active concert or participation with them, from advertising or otherwise
claiming that either of them are the originators of the BULLET BRACELET Spiral Design,
Defendants, their respective officers, agents, servants, employees, and attorneys, and any
other persons in active concert or participation with them, from the production,
manufacture, advertisement, use, and sale of any products directly or indirectly copied
from, or derived from the appearance of Plaintiff’s BULLET BRACELET Spiral Design;
Defendants, their respective officers, agents, servants, employees, and attorneys, and any
other persons in active concert or participation with them, from the display, advertisement,
or use, of the BULLET BRACELET Trademark any other confusingly similar designs,
products, or names;
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Defendants, their respective officers, agents, servants, employees, and attorneys, and any
other persons in active concert or participation with them, from the display, advertisement,
or use, the BULLET BRACELET Advertising Photograph or any image derivative thereof;
necessary to prevent any false impression that Defendants’ business or goods are affiliated
of copyright in the name of Plaintiff Ramsey for the BULLET BRACELET Spiral Design
which was the subject of the application for copyright registration which was assigned
4846-7650-6249, v. 2
31
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ililililililil il]il]]
ilril ililIiltil illl llll lllll lllllll ll lllll llll
us00D791006s
EXHIBIT
L
Case 3:19-cv-01340-TJC-JRK Document 1-1 Filed 11/15/19 Page 2 of 4 PageID 33
FIG. 1
FIG. 2
Case 3:19-cv-01340-TJC-JRK Document 1-1 Filed 11/15/19 Page 3 of 4 PageID 34
FIG" 3
FIG. 4 FIG. 5
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FIG.6
FIG. 7
Case 3:19-cv-01340-TJC-JRK Document 1-2 Filed 11/15/19 Page 1 of 1 PageID 36
Certificate of Registration
This Certificate issued under the seal of the Copyright
Office in accordance with title tT,IJnited States Code,
attests that registration has been made for the work
A)
identified below The inform4tion on this certificate has Registration Number
ts been made a part of the Copyright Office records' vA 2-098-472
Effective Date of Registrationi
r87o .Aplil 13, 2018
Title
Titlc of Work: Bullet Rracelet Photograph
..
Author Created: PhotograPh
Work made for hire: No
Citizen of: United States
Gopyright Glaimant
Copyright Claimant:
Transfer statement:
Certif ication
Name: Jack A. Wheat
Date: APril 13, 2018
Applicant's Tracking Numbel: 19654.I
Page 1 of 1
a
2 EXHIBIT
?
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JS 44 (Rev. 09/19) 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.)
(b) County of Residence of First Listed Plaintiff Jefferson County, KY County of Residence of First Listed Defendant St. Johns County, Florida
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’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
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of Business In This State
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Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
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(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.Cv.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; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
Case 3:19-cv-01340-TJC-JRK Document 1-4 Filed 11/15/19 Page 1 of 2 PageID 39
Sean Ramsey )
)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
Kurt Walchle & Tough Gear, Inc. d/b/a Survival )
Straps )
)
)
Defendant(s) )
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: Dineen Pashoukos Wasylik
DPW Legal
2244 Green Hedges Way
Suite 101
Wesley Chapel, Florida 33646
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 3:19-cv-01340-TJC-JRK Document 1-4 Filed 11/15/19 Page 2 of 2 PageID 40
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
’ 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
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Server’s signature
Server’s address
Sean Ramsey )
)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
Kurt Walchle & Tough Gear, Inc. d/b/a Survival )
Straps )
)
)
Defendant(s) )
To: (Defendant’s name and address) Tough Gear, Inc. d/b/a Survival Straps
Serve: Kurt Walchle (or any other officer or managing or general agent)
121 Egrets Walk Lane
Ponte Vedra Beach, Florida 32082
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: Dineen Pashoukos Wasylik
DPW Legal
2244 Green Hedges Way
Suite 101
Wesley Chapel, Florida 33646
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 3:19-cv-01340-TJC-JRK Document 1-5 Filed 11/15/19 Page 2 of 2 PageID 42
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
’ 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
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Server’s signature
Server’s address