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Grammercy Holdings v. Borozan - Complaint
Grammercy Holdings v. Borozan - Complaint
Plaintiffs,
vs.
Defendants.
Plaintiffs Gramercy Holdings LLC and Simply Natural LLC (“Plaintiffs”) hereby complain
and allege as follows against Defendants David Borozan, Nischal Pahari, and D&N Ventures LLC
(“Defendants”).
1. This action arises under 28 U.S.C. §§ 1331, 1338(a), 2201, and 2202.
and invalidity of U.S. Patent No. D891,783 (the “’D783 Patent”) (attached as Exhibit A) which
Defendants have wrongfully asserted against Plaintiffs’ products and listings on Amazon.com. In
addition, Plaintiffs seek damages and injunctive relief arising out of the Defendants knowing and
wrongful assertions of infringement of the ’D783 Patent against the Plaintiffs’ products and listings
Case 8:21-cv-00932 Document 1 Filed 04/19/21 Page 2 of 18 PageID 2
on Amazon.com.
PARTIES
corporation with a principal business address at 30 N Gould St, Ste R, Sheridan, WY 82801.
Gramercy does business on the internet as Gramercy Kitchen Co. (www.gramercykitchen.co). The
Defendants have accused Gramercy’s products of infringing the ’D783 Patent and have made
claims to Amazon that Gramercy’s products infringe the ’D783 Patent, which have resulted in the
corporation with a principal business address at 2168 7th Ave, Ste 471, Anoka, MN 55303. Simply
Natural does business on the internet as Greener Chef (www.greenerchef.com). Defendants have
accused Simply Natural’s products of infringing the ’D783 Patent and have made claims to
Amazon that Simply Natural’s products infringe the ’D783 Patent, which have resulted in the
residential address at 7699 90th Way North, Seminole, FL 33772. On information and belief,
Borozan and Nischal Pahari are the owners of the ’D783 Patent and have asserted that patent
against Plaintiffs’ products together with their corporation D&N Ventures LLC.
with a mailing address at 7699 90th Way North, Seminole, FL 33772 (See Exhibit B). Borozan
and Pahari are the owners of the ’D783 Patent and have asserted that patent against Plaintiffs’
products jointly and in the name of their corporation D&N Ventures LLC.
2
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residential address at 11420 65th Ave, Seminole, FL, 33772. On information and belief, Borozan
and Pahari are the owners of the ’D783 Patent and have asserted that patent against Plaintiffs’
patent laws of the United States, 35 U.S.C. §§ 1 et seq. This Court has subject matter jurisdiction
under 28 U.S.C. § 1331 (federal question); 28 U.S.C. § 1338(a) (patents or trademarks); and 28
9. This Court has personal jurisdiction over the Defendants because the Defendants
reside in this judicial district and have had continuous and systematic contacts within the State of
Florida, including within this judicial district. On information and belief, D&N is headquartered
and maintains a principal place of business in Seminole, Florida. On information and belief, the
Defendants have purposefully directed business contacts and activities at this judicial district and
residents of this judicial district have used services and products offered or sold by the Defendants.
On information and belief, D&N has registered with the Florida Department of State to do business
in Florida.
10. This Court has federal question jurisdiction under 28 U.S.C. §§ 1331 and 1338(a)
because this is a civil action arising under the Patent Act. This Court has subject matter jurisdiction
over the declaratory judgment claims pursuant to 28 U.S.C. §§ 2201 and 2202 because an
immediate and substantial controversy exists between Plaintiffs and Defendants with respect to
whether the ’D783 Patent covers Plaintiffs’ products based on the Defendants claims to Amazon
3
Case 8:21-cv-00932 Document 1 Filed 04/19/21 Page 4 of 18 PageID 4
that the Plaintiffs’ products infringe the ’D783 Patent, which has resulted in the suspension of the
11. This Court has supplemental jurisdiction over Plaintiffs’ claims of tortious
interference with economic or business relationship under 28 U.S.C. § 1367 because those claims
relate to the same operative nucleus of fact as Plaintiff’s claims for declaratory judgment of non-
VENUE
12. Defendants are subject to personal jurisdiction in this judicial district. Venue is
proper in this judicial district under 28 U.S.C. § 1391(b) because a substantial part of the events
giving rise to this claim took place in this judicial district, because Defendants reside and transact
business within this judicial district, and because Plaintiffs suffered harm in this judicial district.
FACTUAL ALLEGATIONS
13. Plaintiffs sell kitchen products through online stores and marketplaces such as their
own online websites and through Amazon.com. Among the products sold by the Plaintiffs are
glass food containers with bamboo lids (the “Accused Products”) shown below.
4
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https://gramercykitchen.co/collections/food-storage/products/glass-food-containers-set-of-two-
1020-ml-plastic-free-bpa-free-bento-box-includes-bamboo-cutlery-adjustable-wrap
(Gramercy Kitchen Co.)
14. Bamboo food storage lids with silicone seals are not a new product. The products
below are sold by retailer Ikea and have been available to the public since at least 2018.
https://www.ikea.com/us/en/p/ikea-365-lid-square-bamboo-10381909/
15. Evidence of the product availability from Ikea is contained in the product listing
5
Case 8:21-cv-00932 Document 1 Filed 04/19/21 Page 6 of 18 PageID 6
itself. For example, on April 11, 2018 an Ikea customer “FELA1” left a critical review of the
rubber seal and bamboo lid, shown below. On April 20, 2018, a representative of Ikea apologized
https://www.ikea.com/us/en/p/ikea-365-lid-square-bamboo-10381909/
16. Shortly thereafter, another Ikea customer purchased the same product and left a
review on the product page. This customer, “hillhouse” left a review on August 1, 2018, and stated
6
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https://www.ikea.com/us/en/p/ikea-365-lid-square-bamboo-10381909/
17. These products are sold under the Ikea 365+ brand name. Numerous other Ikea
product reviews for similar products at www.ikea.com confirm the Ikea 365+ Bamboo Lid on-sale
18. The availability of the Ikea 365+ Bamboo Lid product in 2018 is further confirmed
by looking at the Ikea 2019 catalog, which was published on July 31, 2018. (See Exhibits C, D.)
Page 155 of the Ikea 2019 catalog depicts the Ikea 365+ Bamboo Lid product for sale; such
products were available from Ikea on its website and in its stores. Page 155 of the Ikea 2019
7
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8
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19. Notwithstanding the products being sold at Ikea in 2018, Borozan and Pahari filed
for a design patent on April 15, 2019. The Ikea 365+ bamboo lid products were never disclosed
to the United States Patent and Trademark Office as part of their patent application process.
20. As part of their application, Borozan and Pahari submitted drawings of their design,
which would later become Figure 1 and Figure 2 (exemplary) in their issued design patent:
9
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21. The Ikea 365+ Bamboo Lid was not disclosed to or considered by the United States
Patent and Trademark Office during the prosecution of the ’D783 Patent.
https://www.ikea.com/us/en/p/ikea-365-lid-square-bamboo-10381909/
10
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22. Upon obtaining the ’D783 Patent, Defendants Borozan, Pahari, and D&N began
aggressively and wrongfully asserting their patent against sellers on Amazon.com by asserting
intellectual property complaints against sellers like Gramercy and Simply Natural.
wrongly claiming that the ’D783 Patent was infringed by products sold by the Plaintiffs. As a
result of these wrongful complaints, Amazon removed the Plaintiffs’ product listings.
24. The removal of the Plaintiffs’ product listings for food containers and bamboo
product lids caused substantial financial harm to the Plaintiffs. Simply Natural’s counsel contacted
the Defendants and advised that their actions were wrongful because the products were so different
25. The Defendants responded that they were not concerned by any differences
between the products and that they were “still sure” it was infringement:
26. It is a “century-old axiom of patent law” that “a product ‘which would literally
infringe if later in time anticipates [a patent] if earlier.’” Upsher-Smith Labs., Inc. v. Pamlab,
28. Plaintiffs incorporate and reallege each and every allegation in the preceding
29. The ’D783 Patent is invalid for failure to satisfy one or more provisions of Title 35
of the United States Code, including but not limited to 35 U.S.C. §§ 102 and 103, and because its
30. For example, the ’D783 Patent is invalid under 35 U.S.C. §§ 102, 103 in view of
the prior art, including but not limited to, the Ikea 365+ Bamboo Lid products sold by Ikea at least
as early as 2018:
https://www.ikea.com/us/en/p/ikea-365-lid-square-bamboo-10381909/
31. In addition, the design of the ’D783 Patent is dictated entirely by its function and
the patent is therefore invalid. The shape of the claimed cutting board design, its silicone sealing
32. Plaintiffs are entitled to a declaratory judgment that the ’D783 Patent is invalid.
12
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33. Plaintiffs incorporate and reallege each and every allegation in the preceding
34. The claimed design of the ’D783 Patent includes a “groove” around the lid, as
depicted in Figure 1:
Groove
35. If the ’D783 Patent is not invalid in view of the Ikea 365+ Bamboo Lid prior art,
then Plaintiff Gramercy’s product does not infringe the ’D783 Patent because in the eye of an
ordinary observer, giving such attention as a purchaser usually gives, its design is not substantially
the same as the claimed design of the ’D783 Patent because it does not have the groove claimed
around the edge of the product (rather, the Gramercy product has a recess in the central portion of
the lid and does not include a groove or channel interior of the outer edges of the lid, as claimed
13
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Recess, no
groove (like
the Ikea 365+
Bamboo Lid)
36. If the ’D783 Patent is not invalid in view of the Ikea 365+ Bamboo Lid prior art,
then Plaintiff Simply Natural’s product does not infringe the ’D783 Patent because in the eye of
an ordinary observer, giving such attention as a purchaser usually gives, its design is not
substantially the same as the claimed design of the ’D783 Patent. In particular, the Simply Natural
product does not include the “groove” that is claimed in the ’D783 Patent.
No groove
14
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37. In the eye of an ordinary observer, giving such attention as a purchaser ordinarily
38. Plaintiffs are entitled to a declaratory judgment that their Accused Products do not
39. Plaintiffs incorporate and reallege each and every allegation in the preceding
40. Before the Defendants’ wrongful actions, each of the Plaintiffs was party to a
business relationship with Amazon for the sale of the Accused Products. Through wrongful,
malicious, and willful actions, the Defendants have interfered with the Plaintiffs’ contract or
41. Simply Natural’s products were sold at the Amazon ASIN B07S37N2FY pursuant
to a valid contractual agreement with Amazon. (See Exhibit E.) Gramercy’s products were sold
42. Defendants filed a complaint with Amazon against Simply Natural’s ASIN
B082M2FG1K and B07VLPJBKL alleging infringement of the ’D783 Patent (See Exhibit I).
44. The Defendants were aware of the Plaintiffs’ business relationships with Amazon
because the Defendants purposefully filed their Complaints against the Plaintiffs’ ASINs (See
Exhibits H, I).
15
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45. The Defendants’ interference with the Plaintiffs’ business relationships was
intentional in that the Defendants purposefully targeted the Plaintiffs’ specific product listings and
46. The Defendants’ interference was wrongful and unjustified at least because (a) the
’D783 Patent is invalid under 35 U.S.C. §§ 102 and 103 in view of the Ikea 365+ Bamboo Lid
product; and (b) in the eye of an ordinary observer, the Gramercy and Simply Natural Accused
47. The Defendants’ correspondence with the Plaintiffs and with Amazon demonstrates
both their awareness of the impact of their actions and the wrongful nature of their claims against
the Plaintiffs.
48. The Defendants’ interference with the Plaintiffs’ business relationships has caused
substantial reputational and economic damages to the Plaintiffs through (a) disabled product
listings; (b) lost product sales; (c) reputational damage to their Amazon accounts, and (d) other
49. Plaintiffs incorporate and reallege each and every allegation in the preceding
50. Defendants wrongfully, deceptively, and unfairly asserted the ’D783 Patent against
the business operations and product listings of the Plaintiffs, causing those products to be delisted
from Amazon.com, thereby causing substantial reputational and economic damages to the
Plaintiffs through (a) disabled product listings; (b) lost product sales; (c) reputational damage to
16
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their Amazon accounts, and (d) other damages to the product listings, inventories, and the
Plaintiffs’ business.
51. Defendants’ actions have forced Plaintiffs’ products from the marketplace, thereby
causing injury to consumers through higher prices and reduced product purchase alternatives in
violation of the Florida Deceptive and Unfair Trade Practice Act (“the Act”).
Wherefore, Plaintiffs respectfully pray that the Court enter judgment in its favor and
A. A judgment in favor of Plaintiffs and against Defendants declaring that the ’D783
C. An order and judgment permanently enjoining the Defendants and their officers,
successors and assigns, and any and all persons acting in privity or in concert with any of them,
E. A judgment that Defendants have tortiously interfered with the contract or business
17
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Gramercy and/or all gains, profits, and advantages derived by the Defendants as a result of their
H. A judgment that Defendants have violated the Florida Deceptive and Unfair Trade
Practices Act, together with an award of damages and Plaintiffs’ attorneys’ fees and costs; and
I. Any other relief the Court deems just and proper under all the circumstances.
Respectfully submitted,
18
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EXHIBIT A
Case 8:21-cv-00932 Document 1-1 Filed 04/19/21 Page 2 of 9 PageID 20
USOOD891783S
UnitedetStates
(12) Borozan al.
Design Patent ( 10 ) Patent No.:
(45) Date of Patent:
US D891,783 S
Aug. 4 , 2020
(54 ) WOOD/BAMBOO CONTAINER LID D738,111 S 9/2015 Otto D3/302
D740,029 S 10/2015 Otto D3/302
D741,066 S 10/2015 Abdi D3 /318
(71 ) Applicants : David Borozan , Seminole, FL (US ); D790,337 S * 6/2017 Sofy D3/232
Nischal Pahari, Seminole , FL (US )
* cited by examiner
(72 ) Inventors: David Borozan , Seminole , FL (US); Primary Examiner — Holly H Baynham
Nischal Pahari, Seminole , FL (US) (74 ) Attorney, Agent, or Firm - Larson & Larson , P.A .;
(** ) Term : 15 Years Frank Liebenow ; Justin P. Miller
(57) CLAIM
(21) Appl. No.: 29 /687,613 The ornamental design for a wood/bamboo container lid , as
shown and described .
(22 ) Filed : Apr. 15 , 2019 DESCRIPTION
(51) LOC ( 12 ) CI. 03-01
(52) U.S. CI. FIG . 1 is a top perspective view of a wood /bamboo container
USPC D3 /326 ; D3/318 lid showing our new design ;
(58 ) Field of Classification Search FIG . 2 is a bottom perspective view thereof;
USPC D3 /318 , 326 FIG . 3 is a front elevation view thereof;
CPC B65D 25/32 ; B65D 43/0256 ; B65D 43/161 FIG . 4 is a rear elevation view thereof;
See application file for complete search history . FIG . 5 is a right side elevational view thereof;
FIG . 6 is a left side elevational view thereof;
(56 ) References Cited FIG . 7 is a top plan view thereof;
FIG . 8 is a bottom plan view thereof; and ,
U.S. PATENT DOCUMENTS FIG . 9 is a bottom perspective view thereof showing a
container of the environment.
3,164,289 A * 1/1965 Cocchiarella B65D 51/145 The broken lines a container are for the purposes of illus
220/578 trating environment and form no part of the claimed design .
D376,693 S * 12/1996 Wolff D3/302
D415,897 S 11/1999 Lacy D3/277 1 Claim , 7 Drawing Sheets
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EXHIBIT B
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EXHIBIT C
Case 8:21-cv-00932 Document 1-3 Filed 04/19/21 Page 2 of 4 PageID 32
New 2019 IKEA Catalog Marks 75 Years of Delivering a Better Everyday Life
at Home
Committed to offering quality, affordable design to the many since 1943, the 2019 IKEA
catalog celebrates how differently we all live and features seven distinct homes
CONSHOHOCKEN, Pa. (PRWEB) July 30, 2018 -- IKEA announced today the release of the 2019 IKEA U.S.
catalog as the iconic Swedish home furnishings retailer marks its 75th anniversary. Filled with new product
offerings, home furnishing inspiration, and smart solutions for every area of the home, the 2019 IKEA catalog
will be available to the public starting this August. Celebrating how differently we all live and 75 years of
enabling a better everyday life at home for the many, this year’s catalog features seven distinct homes
representing a wide range of styles, sizes and budgets.
From a space-limited apartment serving a large family to a home totally dedicated to eco-friendly choices, the
newest IKEA catalog highlights products and solutions that can help everyone achieve a better everyday life at
home, no matter how they live.
“For 75 years we have been driven by the belief that furniture can be affordable without sacrificing principles
of quality, design and sustainability,” said Shideh Hashemi, Marketing Manager, IKEA U.S. “In our 2019
catalog, we are thrilled to introduce a multitude of exciting new products that stay true to our heritage,
providing form and function that’s both easy on our wallets and our planet.”
Each of the seven homes featured in the 2019 catalog, which have their own unique backstories and living
situations, were derived from insights in the IKEA 2018 Life at Home Report. The annual in-depth research
study behind the report includes a series of home visits, interviews and surveys from consumers around the
world to better understand both the joys and challenges of life today. The insights gleaned from the report not
only inspired the fictional homes in the 2019 catalog, but also the new products featured throughout its pages.
To find out more about what’s new at IKEA, view the digital version of the catalog and request a printed copy
(also available at local stores), U.S. consumers can visit IKEA-USA.com/catalog.
This year, to pay homage to 75 years of inspiring a better everyday life at home, IKEA fans in the New York
and Chicago area will be able to encounter IKEA in a whole new way with the limited-time IKEA Inspiration
Experience. This free, interactive pop up event is designed to both surprise and delight IKEA fans by
simultaneously allowing them to “step into” room settings from the 2019 catalog, test their trivia knowledge
while learning more about IKEA and even walk away with IKEA prizes.
The IKEA Inspiration Experience will be open to the public in New York, NY and Chicago, IL for a limited
time this August:
• New York City: From August 1 - 5, 2018, consumers can visit the IKEA Inspiration Experience located at 477
Broadway (between Broome and Grande St.) during the following hours of operation:
o Wednesday: 10am - 6pm ET
o Thursday: 10am - 6pm ET
o Friday: 10am - 8pm ET
For more information about the IKEA Inspiration Experience, follow IKEA on social media @IKEAUSA.
NOTE FOR PRESS: Please visit our press site at IKEA-USA.com/2019catalog for downloadable information
and assets, including the press kit, digital catalog, images, videos and more. For additional information, product
loans or images, please contact the IKEA U.S. Press Office at [email protected] or contact
[email protected].
About IKEA
Since its 1943 founding in Sweden, IKEA has offered home furnishings of good design and function at low
prices. The IKEA Group operates 363 IKEA stores in 29 countries, including 48 in the U.S. IKEA incorporates
sustainability into day-to-day business and supports initiatives that benefit children and the environment. For
more information see IKEA-USA.com, @IKEAUSANews, @IKEAUSA or IKEAUSA on Facebook,
YouTube, Instagram and Pinterest.
Page 2/3
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Case 8:21-cv-00932 Document 1-3 Filed 04/19/21 Page 4 of 4 PageID 34
Contact Information
Kathy Boerner
Ketchum
+1 646-935-3914
Page 3/3
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appears here - PRWeb ebooks - Another online visibility tool from PRWeb
Case 8:21-cv-00932 Document 1-4 Filed 04/19/21 Page 1 of 4 PageID 35
EXHIBIT D
Case 8:21-cv-00932 Document 1-4 Filed 04/19/21 Page 2 of 4 PageID 36
2019
GLADOM
GLADOM
brickbord
brickbord
149:-
149:-
SE VÅRA
SE VÅRA
JUBILEUMSERBJUDANDEN
JUBILEUMSERBJUDANDEN PRISERNA
PRISERNA
I KATALOGEN
I KATALOGEN
KAN BARA
KANBLI
BARA
LÄGRE,
BLI LÄGRE,
LÄNGSTLÄNGST
BAK I KATALOGEN.
BAK I KATALOGEN. FRAM TILL
FRAMDENTILL
31 DEN
JULI31
2019,
JULIALDRIG
2019, ALDRIG
HÖGRE.HÖGRE.
Case 8:21-cv-00932 Document 1-4 Filed 04/19/21 Page 3 of 4 PageID 37
114 115
15:-/st
härdat värmetåligt
från tallrikar och skålar till vinglas
glas och fungerar lika
och burkar. Alla tallrikar och skålar
bra för både kall och Vi har designat locken till
är gjorda av tåligt fältspatporslin.
varm dryck. de här burkarna efter flera
olika behov. En del tål
mikrovågsugn, andra kan
fungera som grytunderlägg NYTT
och några är stapelbara
(säljs separat så att de kan
mixas och matchas). 05 IKEA 365+
burk med lock
59:-/st
02 04
03
06
Den här burken kan
utan problem röra
sig från kylen till
ugnen och sedan
tillbaka till sitt lock
(vilket även fungerar
som grytunderlägg).
02
IKEA 365+ vinglas 15:- styck i härdat
klarglas. Stapelbara. 30 cl. 702.783.63
IKEA 365+ djup tallrik/skål, rak kant
Organisera och gör dina matlådor personliga,
använd olika färger för varje familjemedlem,
typ av mat eller veckodag. Ø14, H6 cm.
29:- styck i fältspatporslin. Ø22, H6 cm. 450 ml. 392.691.01 Gillar du det du ser,
lika bra till vardags som till fest. Vit. 902.797.00 05 NYTT IKEA 365+ burk med lock, fyrkantig 59:-
03 IKEA 365+ skål, rundad kant 59:- styck styck i värmetåligt glas och bambu.
men vill utforska fler
i fältspatporslin. Ø22, H10 cm. Vit. 802.796.87 L15×B15, H12 cm. 1,2 l. 292.691.11 varianter? Vi har massor
04 NYTT IKEA 365+ burk med lock, rund 15:- 06 NYTT IKEA 365+ burk med lock, rektangulär
styck i pp-plast. Snäpplocket i plast har utbyt- 75:- styck i värmetåligt glas och bambu. att välja bland! Hitta
bara packningar som finns i blandade färger. Tättsittande lock som håller maten fräsch och
mycket mer på IKEA.se
bevarar dofter och smak. L21×B15, H12 cm.
1,8 l. 492.690.68 eller i ditt IKEA varuhus.
Case 8:21-cv-00932 Document 1-4 Filed 04/19/21 Page 4 of 4 PageID 38
2019
01
BILLY
bokhylla
495:-
EXHIBIT E
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EXHIBIT F
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Monday, April 12, 2021 at 18:16:49 Mountain Daylight Time
Hello,
We removed some of your lis#ngs because we received a report from a rights owner that they infringe the following
patent(s):
We can only accept retrac#ons if the rights owner clearly states that they made an error. For any other reason, please
explain to us why you were warned in error so that we can inves#gate the case.
ASIN: B07S37N2FY
Infringement type: Patent Number:
D891783
Page 1 of 2
Case 8:21-cv-00932 Document 1-8 Filed 04/19/21 Page 3 of 3 PageID 62
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Case 8:21-cv-00932 Document 1-9 Filed 04/19/21 Page 1 of 3 PageID 63
Case 8:21-cv-00932 Document 1-9 Filed 04/19/21 Page 2 of 3 PageID 64
Hello,
We removed some of your lis'ngs because we received a report from a rights owner that they infringe the
rights owner’s patent. The rights owner communica'on about the alleged infringement and the lis'ngs we
removed are at the boIom of this message.
Page 1 of 2
Case 8:21-cv-00932 Document 1-9 Filed 04/19/21 Page 3 of 3 PageID 65
We can only accept retrac'ons if the rights owner clearly states that they made an error. For any other
reason, please explain to us why you were warned in error so that we can inves'gate the case.
I have received a “not accepted” for 2 of the 5 varia'ons in my prior infringement claim. The 2 remaining are
the same products just sold in different quan''es.
You can reference the the previous claim with the other varia'ons that Amazon has already removed for me:
Please note, these are serious claims of design PATENT rights and should be handled more seriously. I would
prefer to not get my lawyers involved in this, however if I must, I will.
Thanks,
ASIN: B082M2FG1K
B07VLPJBKL
Infringement type: Patent
Patent: D891783
Complaint ID: 7756536561
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Page 2 of 2
JS 44 (Rev. 10/20) Case 8:21-cv-00932 Document 1-10 Filed
CIVIL COVER 04/19/21 Page 1 of 2 PageID 66
SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
GRAMERCY HOLDINGS LLC, and SIMPLY NATURAL, DAVID BOROZAN, NISCHAL PAHARI, and D&N
LLC VENTURES LLC
(b) County of Residence of First Listed Plaintiff Sheridan Co., Wyo County of Residence of First Listed Defendant Pinellas
(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)
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
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.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.