Case 1:13-cv-00497-WTL-TAB Document 1 Filed 03/25/13 Page 1 of 4 PageID #: 1

NOVELTY, INC.
An Indiana Corporation,
Plaintiff,
v.
Margaret Rothschild
An Individual
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
Civil Action No.
Defendant
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COMPLAINT FOR DECLARATORY JUDGMENT
This is an action by Novelty, Inc. ("Novelty") for declaratory judgment against
Margaret Rothschild ("Rothschild") arising under the patent laws of the United States,
Title 35 of the United States Code. For its complaint against Defendant, PlaintiffNovelty
alleges:
PARTIES
1. Plaintiff Novelty is an Indiana corporation organized and existing under
the laws of the State of Indiana, and located at 351 West Muskegon Dr., Greenfield,
Indiana 46140.
2. On information and belief, defendant Margaret Rothschild is a resident of
the State of California. Rothschild is named as the sole inventor of U.S. Design Patent
No. D501,897 ("the '897 Patent").
3. The '897 Patent identifies R WL Millennium, LLC as an assignee. On
information and belief, the '897 Patent was assigned by RWL Millennium LLC to RWL,
Inc. by virtue of an assignment recorded with the U.S. Patent Office on October 15, 2004.
4. On information and belief, RWL, Inc., was a California corporation,
formed in 2004 by Rothschild, which has since been administratively dissolved.
5. Rothschild claims ownership of the '897 Patent.
1
1:13-cv-497
Case 1:13-cv-00497-WTL-TAB Document 1 Filed 03/25/13 Page 2 of 4 PageID #: 2
JURISDICTION
6. This action involves claims arising under the patent laws of the United
States, including 35 U.S.C. 271, 282 and 285.
7. This Court has original jurisdiction over the subject matter of this
Complaint pursuant to 28 U.S.C. 1331 and 1338.
8. On information and belief Rothschild is engaged in the business of
licensing the '897 Patent to third party providers and of providing product to retailers and
other companies. This Court has personal jurisdiction over Defendant because, on
information and belief, Rothschild has introduced, marketed and sold products into the
stream of commerce in Indiana, has licensed companies to sell her products into the
stream of commerce in Indiana, and has asserted patent rights against an Indiana
corporation in communications with Novelty and its agent.
9. Venue in this district is proper pursuant to 28 U.S.C. 1391 and 1400.
BACKGROUND
10. Novelty, Inc. is a company that specializes in the distribution and sale of
toys, games, novelty items, point-of-purchase displays, souvenir items, and a wide range
of consumer products. One of Novelty's products is a plush toy sold under the name
"Mohawk Monkey" through Novelty's Kipp Toys subsidiary. An image of various
"Mohawk Monkey" products is attached as Exhibit A.
11. On March 7, 2013, Novelty received a letter ("the March 7 Letter") from
an attorney acting on behalf of defendant Rothschild, in which Novelty was accused of
infringing United States Design Patent No. D501,897 ("the '897 Patent). Rothschild
alleged that Novelty's "Mohawk Monkey" is a copy of Rothschild's product in the
likeness of the toy shown in the '897 Patent. A copy of the March 7 Letter is attached as
Exhibit B, which letter includes a copy of the '897 Patent. The letter states that
Rothschild is the CEO and President of the former RWL, Inc., asserts that Rothschild is
the owner of the '897 Patent and refers to Rothschild's purported rights in the '897
Patent.
2
Case 1:13-cv-00497-WTL-TAB Document 1 Filed 03/25/13 Page 3 of 4 PageID #: 3
12. In the March 7 Letter, defendant Rothschild, through her attorney, issued
several demands, including a demand to stop all sales of the "Mohawk Monkey" and a
demand for payment for alleged damages. The March 7 Letter further threatens that if
Novelty does not comply, "Your refusal will be bet [sic] with litigation vigorously
pursued," and that Rothschild "must proceed by litigation."
13. In response to the letter of March 7, Novelty, through its attorney,
responded in a letter dated March 21, 2013 ("the Reply Letter", a copy of which is
attached as Exhibit C) denying that the "Mohawk Monkey" infringed the '897 Patent
and identifying four significant differences (among many) between the "Mohawk
Monkey" and the design covered by the '897 Patent.
14. Rothschild responded to Novelty's Reply Letter by a letter dated March
21, 2013, ("the March 21 Letter", a copy of which is attached as Exhibit D) from her
attorney reiterating the allegation of infringement and repeating the prior demands. The
March 21 Letter includes the further threat, in bold type, that if Novelty does not change
its position on infringement, "we fully intend to seek resolution in court and will
promptly file suit."
15. Novelty's "Mohawk Monkey" is significantly different in overall
appearance from the design claimed in the '897 Patent, and an ordinary observer would
not be deceived into thinking that the "Mohawk Monkey" is the same as the design
claimed in the '897 Patent.
CAUSES OF ACTION
16. There is an actual, substantial and justiciable controversy between Novelty
and defendant Rothschild. Rothschild has charged Novelty with infringement of the '897
Patent. Rothschild asserts ownership of the '897 Patent and all the rights associated
therewith, including the right to sue for infringement. Rothschild has threatened litigation
for infringement of the '897 Patent.
17. Novelty denied the allegation of infringement and presented evidence of
non-infringement. Defendant repudiated the evidence and maintained the allegation of
3
Case 1:13-cv-00497-WTL-TAB Document 1 Filed 03/25/13 Page 4 of 4 PageID #: 4
infringement. The dispute between Novelty and Rothschild is definite and concrete and
touches on the legal relations of parties having adverse legal interests.
18. On information and belief, the '897 Patent is unenforceable and/or invalid
under the provisions of at least 35 U.S.C. 102, 103 and/or 112.
19. Novelty has not infringed, and has not willfully or deliberately infringed,
the '897 Patent.
PRAYER FOR RELIEF
In view of the foregoing allegations, Novelty prays that this Court:
1. Issue a declaration adjudging that Novelty's "Mohawk Monkey" and any
similarly configured plush toy product does not infringe United States Design Patent No.
D501,897;
2. Issue a declaration adjudging that United States Design Patent No.
D501 ,897 is unenforceable and/or invalid under the U.S. Patent Laws;
3. Upon finding that this case is an exceptional case under 35 U.S.C. 285,
award Novelty its reasonable attorneys' fees;
4. Grant and award to Novelty any and all relief found necessary and proper
under the circumstances.
Counsel for PlaintiffNovelty, Inc.
s/ Michael D. Beck
Michael D. Beck, Attorney No. 11139-49
Harold C. Moore, Attorney No. 19004-49
MAGINOT, MOORE & BECK, LLP.
One Indiana Square, Suite 2200
Indianapolis, Indiana 46204
Phone: 317-554-2927
Fax: 317-638-2139
E-mail:mdbeck@maginot.com
4
Case 1:13-cv-00497-WTL-TAB Document 1-1 Filed 03/25/13 Page 1 of 2 PageID #: 5
EXHIBIT A
Case 1:13-cv-00497-WTL-TAB Document 1-1 Filed 03/25/13 Page 2 of 2 PageID #: 6
5
Case 1:13-cv-00497-WTL-TAB Document 1-2 Filed 03/25/13 Page 1 of 8 PageID #: 7
EXHIBITB
Case 1:13-cv-00497-WTL-TAB Document 1-2 Filed 03/25/13 Page 2 of 8 PageID #: 8
Maxine Raphael
March 7, 2013
VIA United Parcel Service
Mr. Brian Croel
Novelty Inc.
351 West Muskegon Dr.
Greenfield, In 46140
Re: Margaret Rothschild, CEO, President of the former RWL, Inc.,
Design Patent No. D501,897 S
Attn: Brian Croel
80 Jane Street
UnitE
New York, NY 10014
T 310-617-0322
F 917-274-3426
Raphael.Maxine@gmail.com
I represent Margaret Rothschild ("Rothschild"), CEO, President of the former RWL, Inc.
Rothschild is the owner of l!nited States Design Patent No. D501,897 S issued February 15,2005. The
patent is for a plush toy as shown and described in the patent ("Patented Monkey"), a copy of which is
enclosed within. My client also has patent protection for numerous other of its nov'elty items including
hat and wig designs. Furthermore, my client has officially licensed its Patented Money to third party
plush manufacturers for exclusive right of use.
It has come to my attention that Novelty, Inc. ("Novelty") has produced a copy of my client's
product in the likeness of Patented Money ("Infringing Product") _and sold said product online via
Amazon Marketplace and to retailers including independent concession stands at gas stations and car
wash locations, among others. Printout copies of the Infringing Product for sale on Amazon
Marketplace and photos of Infringing Product obtained from Valero Corner Store, Store #1020, 250 N.
Loop 1604 E., Hollywood Park, TX 78232 are enclosed hereto.
You are obviously aware that you are not a licensee or authorized distributor of my client's
novelty plush monkey covered by the D501,897 S patent. My client considers your conduct to be an
infringement of its patent rights. Your conduct, especially since you have now been put on notice of my
client's rights, constitutes willful patent infringement, unfair competition and/or counterfeiting. This
kind of conduct is particularly damaging to my client in view of its current licensing agreements with
third party providers and ongoing business dealings with retailers and other companies.
Your misconduct exposes you to very serious liabilities, including compensatory damages
measured by both my client's losses and your ill-gotten gains (which can be subject to trebling),
attorney's fees and court costs if our client has to bring legal action ..
Case 1:13-cv-00497-WTL-TAB Document 1-2 Filed 03/25/13 Page 3 of 8 PageID #: 9
Our client hereby demands that you immediately cease and desist your acts of infringement and
other misconduct and that you immediately do the following:
1.
2.
3.
4.
5.
6.
Stop all sales, offers for sale, advertising, distribution, manufacture, and/or import of the
Infringing Product covered by my client's patent and undertake not to engage in such
conduct in the future;
Recall all copies of any marketing or promotional materials showing the Infringing
Product and deliver all existing copies of said material to me for destruction;
Disclose to my client when and how or from whom you obtained or manufactured the
Infringing Product including names, addresses, telephone numbers, and contact persons;
Account to my client, the quantities and prices of all the Infringing Product sold,
distributed, made, imported and or currently in inventory, and disclose all invoices and
purchase orders for any and all purchases of the Infringing Product, including names,
addresses, telephone numbers, and contact persons;
Providing an inventory of all of the Infringing Product remaining on hand; and
Immediately recall all the Infringing Product.
We shall expect a response with the documentation requested and a good faith attempt to
resolve this mater by the payment to our client of appropriate damages.
Your cooperation will invite the respect and cooperation of my client. Your refusal will be bet
with litigation vigorously pursued.
Please contact the undersigned at your earliest convenience and advise of your intentions. If we
do not hear from you on or before March 22, 2013, with written assurances that you will comply with
our client's I will assume that this matter will not be resolved amicably and that my client
must proceed by litigation.
Sincerely yours,

Maxine Raphael, Esq.
Enclosures: As stated above
cc: Margaret Rothschild (w/out encls.)
cc: Amazon. com, Inc., c/o Corporation Service Company at 300 Deschutes Way SW, Suite 304,
Tumwater, WA 98501, Attn: Legal Department
Case 1:13-cv-00497-WTL-TAB Document 1-2 Filed 03/25/13 Page 4 of 8 PageID #: 10
111111 lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll
. USOOD501897S
(12) United States Design Patent oo) Patent No.: US D501,897 S
** *Feb. 15, 2005 Rothschild (45) Date of Patent:
(54) PLUSH TOY
(75) Inventor: Margaret Rothschild, Sherman Oaks,
CA (US)
(73) Assignee: RWL Millennium LLC, Sherman
Oaks, CA (US) .
( *) Notice: This patent is subject to a tenninal dis-
claimer.
(**) Term: 14 Years
(21) Appl. No.: 29/169,177
(22) Filed: Oct. 15, 2002
(51)
(52)
(58)
(56)
LOC (7) Cl ..................................................... 21-01
U.S. Cl ...................................... D211596; D211576
Field of Search ............ ... . Dll/158; D21/576-577,
. 021/585-588, 596, 604-605; 446/72, 97-98,
278, 368-369; D2/866
References Cited
U.S. PATENT DOCUMENTS
3,295,536 A
3,474,798 A
3,782,396 A
4,268,918 A
4,296,567 A
D302,484 S
D308,401 S
5,119,513 A
D357,569 S
D369,014 S
D378,948 s.
5,806,535 A
1/1967 Shaw et al.
1011969 Tillotson
1/1974 Tomlinson
5/1981 Lee
* 10/1981 Kamar .. .. .......... . ........ 446/369
8/1989 Egan
* 6/1990 Dinelli .............. , .. ..... D21/577
6/1992 McKay
4/1995 Jacobellis
4/1996 Lucas
4/1997 Ragus
9/1998 Becker
D4ll ,577 S 6/1999 Walker et al.
6,000,063 A 1211999 Sullivan
6,115,843 A 9/2000 Travalgia
0467,707 S * 1212002 Rothschild .. ................. 021866
0468,373 S * 1/2003 Rothschild .......... ...... . 021/605
0469,133 S * 112003 Rothschild .. ....... ..... .. . 0211605
OTHER PUBLICATIONS
Princess Soft Toys 1994 Catalog. p. 8, Congo Monkey.*
Major League Teddy Bears brochure, Dodger bear.*
Beta Toys Catalog, p. 3, monkey 9002-SB. *
* cited by examiner
Primary Examiner-Sandra L. Morris
(74) Attorney, Agent, or Finn-Buchalter, Nemer, Fields
and Younger
(57) CLAlM
The ornamental design for a plush toy, as shown and
described.
DESCRIPTION
FIG. 1 is a front view of my plush toy of the present
invention, the broken line drawing of the letters being for
illustrative purposes only;
FIG. 2 is a back view-of the plush toy in FIG. 1;
FIG. 3 is a left side view of the plush toy in FIG. 1, the
broken line drawing of the letters being for illustrative
purposes only;
FIG. 4 is a right side view of the plush toy in FIG. 1, the
broken line drawing of the letters being for illustrative
purposes only;
FIG. 5 is abottom view of the plush toy in FIG. 1; and,
FIG. 6 is a top view of the plush toy in FIG. 1.
1 Claim, 5 Drawing Sheets
Case 1:13-cv-00497-WTL-TAB Document 1-2 Filed 03/25/13 Page 5 of 8 PageID #: 11
UaSL Patent
Feb.15,2005
Sheet 1 of 5
US D501,897
FIG. I
Case 1:13-cv-00497-WTL-TAB Document 1-2 Filed 03/25/13 Page 6 of 8 PageID #: 12
Feb. 15, 2005 Sheet 2 of 5
lU D501,897
FIG. 2
Case 1:13-cv-00497-WTL-TAB Document 1-2 Filed 03/25/13 Page 7 of 8 PageID #: 13
. . _.:.-:
Feh.1s,2oos
Sheet 3 of 5
US
.
..
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.
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FIG 3
Case 1:13-cv-00497-WTL-TAB Document 1-2 Filed 03/25/13 Page 8 of 8 PageID #: 14
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Case 1:13-cv-00497-WTL-TAB Document 1-3 Filed 03/25/13 Page 6 of 8 PageID #: 20 Amazon. com: WILD THING HANGING MOHAWK MONKEY PLUSH "0LL TOY A... Page 1 of 3
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Case 1:13-cv-00497-WTL-TAB Document 1-4 Filed 03/25/13 Page 1 of 3 PageID #: 23
EXHIBITC
Case 1:13-cv-00497-WTL-TAB Document 1-4 Filed 03/25/13 Page 2 of 3 PageID #: 24
I .. . I MAGINOT, M OORE&BECKLLP
L _____ ATENT i m r.,PADE:'HRI( A.r:rom
March 21, 2013
Maxine Raphael, Esq.
80 Jane Street, Unit B
New York, NY 10014
Re: Margaret Rothschild Design Patent No. D501,897
Novelty, Inc. "Mohawk Monkey"
Dear Ms. Raphael:
PAUL j. MAGINOT
HAROLD C. fvi OORE
MI CHAEL D. BECK
DAVID M. LocK,\!ANLl
RUSSELL E. fOWLER [(
] M IES D. WOOD
M ICHAEL A. SWIFT
DAVID R. lv!OORMAN
CHARLES B. PHILliPS
CHARLES M. Fox
KELll D. MORI N
!-fOJ\IER W . fAUCETT Ill
DANIEL j . GREENHALGH
DAN IEl. J. KRIEGER
TRAVIS W. BAXTER

We represent Novelty, Inc. with respect to their intellectual property matters. Your letter
of March 7, 2013 has been forwarded to us for review and response. Please be assured that
Novelty, Inc. has not copied the plush toy claimed in the above-mentioned design patent (the
'897 Patent). For the reasons explained below, we believe that there is no legal basis for your
client's demand that Novelty cease sales of its non-infringing product.
We have reviewed the "Mohawk Monkey" product of Novelty with respect to the '897
Patent and have determined that this product cannot infringe under the Egyptian Goddess
standard for design patent infringement. In particular, an ordinary observer would not be
deceived into thinking the "Mohawk Monkey" is the same as the patented design of the '897
Patent. For instance, the top view of the "Mohawk Monkey" is very different from Fig. 6 of the
'897 Patent in that the side of the head, the ears and the arms are all visible outside the hair,
whereas in the '897 Patent no features of the plush toy are visible below the hair. In addition, the
front view of our client's product is not substantially similar to the front view in Fig. 1 of the
patent. For instance, the arms are much shorter, the tail is differently configured, the facial area
is very different and the feet and hands ofthe "Mohawk Monkey" have 'fmgers' and 'toes' in
contrast to the 'mitten' appearance in the design patent. These examples are not exhaustive -
there are many other differences that would be readily apparent to an ordinary observer.
One Indiana Square, Suite 2200 Indianapolis, Indiana 46204 United States
Tel: + 1 317 638-2922 Fax: + 1 317 638-2139 protect@maginot.com www.maginot .com
Case 1:13-cv-00497-WTL-TAB Document 1-4 Filed 03/25/13 Page 3 of 3 PageID #: 25
Maxine Raphael, Esq.
March 21, 2013
Page 2
Novelty, Inc. respects the intellectual property rights of others and appreciates being
infmmed of your client's '897 Patent, which will be taken into consideration should Novelty
develop any new plush animal toy in the future. However, with respect to the "Mohawk
Monkey", the demands in your March 7, 2013, letter are over-reaching since this product does
not infringe the '897 Patent. Given the significant differences between Novelty's product and
the design in the '897 Patent we will consider this matter closed.
Cc: Novelty, Inc.
Case 1:13-cv-00497-WTL-TAB Document 1-5 Filed 03/25/13 Page 1 of 4 PageID #: 26
EXHIBITD
Case 1:13-cv-00497-WTL-TAB Document 1-5 Filed 03/25/13 Page 2 of 4 PageID #: 27
March 21, 2013
Re: Margm.'et Rothschild Design Patent No.D501,897
Novelty, Inc., "Mohawk Monkey"
Dear Mr. Beck,
Maxine Raphael
80 Jane Street
UnitE
New York, NY 10014
T 310-617-0322
F 917-274-3426
Raphael.Maxine@gmail.com
I am in receipt of your letter dated March 21,2013 in response to our March 7, 2013letter
regarding an intellectual property dispute between my client Margaret Rothschild
("Rothschild") and Novelty, Inc. regarding Design Patent No. D501,897.
We are not satisfied with the reasons you outline in your letter dismissing our claim of patent
infringement. In summary of your letter, you claim that Novelty, Inc.'s "Mohawk Monkey" has
slightly different dimensions (e.g., length of arm and tail) and that its ears are fully visible as
opposed to partially visible in the D501,897 patent.
We do not believe these minor differences in Novelty Inc.'s product overcome the primary
basis for the design patent: a hanging or elongated monkey plush design with a wig affixed to
its head. In addition, the wig itself is patented with Design Patent No. D467,406 S which
includes any wig or multi-colored wig, with a band affixed across the base of the wig; this
patent also includes embroidery or printing on the band of the wig.
Rothschild is known for her creativity and the quality of her products. Her patent is of great
value, and she has been licensed by Major League Baseball, National Hockey League, CLC and
other organizations who have sought to purchase this distinct design from Rothschild. In
addition, this kind of infringement is particularly damaging to my client in view of its current
licensing agreements with third party providers and ongoing business dealings with retailers
m1d other companies.
Case 1:13-cv-00497-WTL-TAB Document 1-5 Filed 03/25/13 Page 3 of 4 PageID #: 28
Lastly, you have been put on notice as of March 7, 2013 that my client considers the actions of
Inc., to be a violation of its patent rights. However, March 17-20,2013, Novelty, Inc.
displayed the "Mowhawk Monkey" at the Associated Surplus Dealer Retail Merchandise Trade
Show in Las Vegas as its own design and offered it for purchase. Photos of this display were
taken, and sent directly to your client on March 21, 2013. At this point, your conduct is
deemed to be willful.
Our client hereby demands that you immediately cease and desist your acts of infringement
and other misconduct and that you immediately do the following:
1.
2.
3.
4.
5.
6.
7.
Stop all sales, offers for sale, advertising, distribution, manufacture, and/or
import of the Infringing Product covered by my client's patent and undertake
not to engage in such conduct in the future;
Recall all copies of any marketing or promotional materials showing the
Infringing Product and deliver all existing copies of said material to me for
destruction;
Disclose to my client when and how or from whom you obtained or
manufactured the Infringing Product including names, addresses, telephone
numbers, and contact persons;
Account to my client the quantities and prices of all the Infringing Product sold,
distributed, made, imported and or currently in inventory, and disclose all
invoices and purchase orders for any and all purchases of the Infringing
Product, including names, addresses, telephone numbers, and contact persons;
Account to my client all purchase orders or potential purchase orders of the
Infringing Product obtained from the Associated Surplus Dealer Retail
Merchandise Trade Show in Las Vegas from March 17-20, 2013;
Provide an inventory of all of the Infringing Product remaining on hand; and
Immediately recall all the Infringing Product.
If you do not change your position on this matter, provide in good faith the documentation
requested, and seek to resolve this matter by the payment to our client of appropriate
damages, we fully intend to seek resolution in court and will promptly file suit. Upon
resolution of this matter, if Novelty. Inc. desires to continue sales and/or promotion of this
product, Rothschild is open to engaging in discussion regarding a licensing agTeement.
Please contact the undersigned at your earliest convenience and advise of your intentions. If
we do not hear from you on or before March 25, 2013, with written assurances that you will
Case 1:13-cv-00497-WTL-TAB Document 1-5 Filed 03/25/13 Page 4 of 4 PageID #: 29
comnlv with our client's demands. I will assume that this matter will not be resolved arnica];,; .
.. ~ '
and that my client must proceed by litigation .
Sincerely yours,
Nfaxine Raphael, Esq.
JS 44 (Rev 09/10)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
CIVIL COVER SHEET
This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United States in September 1974. The
data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The information contained herein neither
replaces nor supplements the filing and service of pleadings or other papers as required by law.
Signature: s/Michael D. Beck
Date: 03/25/2013
If any of this information is incorrect, please close this window and go back to the Civil Cover Sheet Input form to make the correction and generate the updated JS44. Once
corrected, print this form, sign and date it, and submit it with your new civil action.
Plaintiff(s): Defendant(s):
First Listed Plaintiff:
Novelty, Inc ;
County of Residence: Hancock County
First Listed Defendant:
Margaret Rothschild ;
County of Residence: Outside This District

County Where Claim For Relief Arose: Marion County

Plaintiff's Attorney(s): Defendant's Attorney(s):
Michael D. Beck ( Novelty, Inc)
Maginot, Moore & Beck LLP
One Indiana Square, Suite 2200
Indianapolis, Indiana 46204
Phone: 317-638-2922
Fax: 317-638-2139
Email: mdbeck@maginot.com

Basis of Jurisdiction: 3. Federal Question (U.S. not a party)

Citizenship of Principal Parties (Diversity Cases Only)
Plaintiff: N/A
Defendant: N/A

Origin: 1. Original Proceeding

Nature of Suit: 830 Patent
Cause of Action: 35 U.S.C. Sections 271, 282 and 285- declaratory judgment of non-infringement of patent
Requested in Complaint
Class Action: Not filed as a Class Action
Monetary Demand (in Thousands):
Jury Demand: No
Related Cases: Is NOT a refiling of a previously dismissed action
Case 1:13-cv-00497-WTL-TAB Document 1-6 Filed 03/25/13 Page 1 of 1 PageID #: 30