E. Mishan & Sons v. PGM Group - Complaint

Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 1 of 48 Page ID #:1
1 John K. Rubiner - State Bar No. 155208

jrubiner@gerardfoxlaw.com
2 GERARD FOX LAW
1880 Century Park East Suite 1410
3 Los Angeles, CA 90067
Telephone: 310-441-0500
4 Facsimile: 310-441-4447
5 John Zaccaria (pro hac vice to be filed)
jzaccaria@notaromichalos.com
6 Bradley S. Corsello (pro hac vice to be filed)
bcorsello@notaromichalos.com
7 NOTARO MICHALOS & ZACCARIA PC
100 Dutch Hill Road Suite 240
8 Orangeburg, NY 10962
Telephone: (845) 359-7700
9 Facsimile: (845) 359-7798
10 Attorneys for Plaintiff
E. MISHAN & SONS, INC.
11
UNITED STATES DISTRICT COURT
12
CENTRAL DISTRICT OF CALIFORNIA
13
WESTERN DIVISION
14
15 E. MISHAN & SONS, INC., a New York ) Civ. Action No.
16 corporation, )
Plaintiff, ) COMPLAINT FOR PATENT
17 ) INFRINGEMENT,
v. ) TRADEMARK
18 ) INFRINGEMENT, TRADE
PGM GROUP, INC., a California ) DRESS INFRINGEMENT,
19 corporation, PAUL A. VALADEZ, an ) COPYRIGHT
individual, and WANLI GONG, an ) INFRINGEMENT, AND
20 individual, ) UNFAIR COMPETITION
)
21 Defendants. ) DEMAND FOR JURY TRIAL
_________________________________ )
22
23
Plaintiff E. MISHAN & SONS, INC. (Emson or Plaintiff), by its
24
attorneys, for its Complaint against Defendant PGM GROUP, INC. (PGM),
25
Defendant PAUL A. VALADEZ (Valadez), Defendant WANLI GONG
26
(Gong), (collectively Defendants) alleges upon knowledge as to Emson, and
27
otherwise upon information and belief as follows.
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COMPLAINT FOR PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT,
COPYRIGHT INFRINGEMENT, AND UNFAIR COMPETITION
1 JURISDICTION AND VENUE

2 1. This is an action for patent infringement arising under the patent laws
3 of the United States, 35 U.S.C. 1 et. seq.; for trade mark infringement, trade dress
4 infringement, and federal unfair competition arising under the Trademark Act of
5 1946, 15 U.S.C. 1051 et seq., (the Lanham Act); for copyright infringement
6 arising under the Copyright Act of 1976, 17 U.S.C. 1 et. seq; for unfair
7 competition under the laws of the State of California, specifically California
8 Business and Professions Code 17200, and for trademark infringement and unfair
9 competition under common law.
10 2. This Court has original subject matter jurisdiction over the claims in
11 this action that relate to patent infringement, trade mark infringement, copyright
12 infringement, trade dress infringement, and federal unfair competition pursuant to
13 28 U.S.C. 1331 and 1338 as these claims arise under the laws of the United
14 States. This Court has supplemental jurisdiction over the claims in this Complaint
15 which arise under state law pursuant to 28 U.S.C. 1367(a) because the state law
16 claims are so related to the federal claims that they form part of the same case or
17 controversy and derive from a common nucleus of operative facts.
18 3. This Court has jurisdiction under 28 U.S.C. 1332(a) because the
19 parties are citizens of different states and the matter in controversy exceed the sum
20 or value of $75,000, exclusive of interest and costs.
21 4. This Court has personal jurisdiction over PGM because PGM resides
22 and transacts business in California and in this judicial district; PGM has a
23 continuous, systematic, and substantial presence in California and in this judicial
24 district including by selling and offering for sale infringing products in this judicial
25 district, and by committing acts of infringement in this judicial district and selling
26 infringing products into the stream of commerce knowing such products would be
27 sold in California and this district, which acts form a substantial part of the events
28
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1 or omissions giving rise to Emsons claims; and PGM is otherwise within the
2 jurisdiction of the Court.
3 5. This Court has personal jurisdiction over Valdez because, Emson is
4 informed and believes and thereon alleges that Valdez resides in California and in
5 this judicial district; Valdez has a continuous, systematic, and substantial presence
6 in California and in this judicial district including by selling and offering for sale
7 infringing products in this judicial district, and by committing acts of infringement
8 in this judicial district and selling infringing products into the stream of commerce
9 knowing such products would be sold in California and this district, which acts
10 form a substantial part of the events or omissions giving rise to Emsons claims;
11 and Valdez is otherwise within the jurisdiction of the Court.
12 6. This Court has personal jurisdiction over Gong because, Emson is
13 informed and believes and thereon alleges that Gong resides in California and in
14 this judicial district; Gong has a continuous, systematic, and substantial presence in
15 California and in this judicial district including by selling and offering for sale
16 infringing products in this judicial district, and by committing acts of infringement
17 in this judicial district and selling infringing products into the stream of commerce
18 knowing such products would be sold in California and this district, which acts
19 form a substantial part of the events or omissions giving rise to Emsons claims;
20 and Gong is otherwise within the jurisdiction of the Court.
21 7. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391
22 and 1400.
23 THE PARTIES
24 8. Emson is a corporation duly organized and existing under the laws of
25 the State of New York, with its principal place of business at 230 Fifth Avenue,
26 New York, New York 10001.
27 9. Emson markets and sells consumer products throughout the United
28 States through print media, the Internet, and direct response television advertising,
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1 including, but not limited to, the use of television infomercials. Emson sells
2 products to wholesale customers and direct to consumers.
3 10. Emson is informed and believes and thereon alleges that PGM is a
4 corporation duly organized and existing under the laws of the State of California
5 with a place of business at 9698 Telstar Avenue # 303, El Monte, California 91731.
6 11. Emson is informed and believes and thereon alleges that PGM markets
7 and sells consumer products throughout the United States through the Internet,
8 including under the trade mark ETERNAL. PGM sells products direct to
9 consumers and to wholesale customers, in competition with Emson.
10 12. Emson is informed and believes and thereon alleges that Valdez is an
11 individual residing in California having an address at 23611 Golden Springs Drive
12 I-5, Diamond Bar, California, 91765. Emson is informed and believes and thereon
13 alleges that Valdez is the Chief Executive Officer of PGM. Emson is informed and
14 believes and thereon alleges that Valdez controls and directs the activities of PGM.
15 Emson is informed and believes and thereon alleges that Valdez knowingly,
16 willfully, and actively induced, planned, promoted, caused, directed, controlled,
17 assisted with, and benefited from PGMs wrongful acts alleged herein, and
18 continues to do so.
19 13. Emson is informed and believes and thereon alleges that Gong is an
20 individual residing in California having an address at 23611 Golden Springs Drive
21 I-5, Diamond Bar, California, 91765. Emson is informed and believes and thereon
22 alleges that Gong is the Secretary, Chief Financial Officer, and Director of PGM.
23 Emson is informed and believes and thereon alleges that Gong controls and directs
24 the activities of PGM. Emson is informed and believes and thereon alleges that
25 Gong knowingly, willfully, and actively induced, planned, promoted, caused,
26 directed, controlled, assisted with, and benefited from PGMs wrongful acts alleged
27 herein, and continues to do so.
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1 STATEMENT OF FACTS
2 I. EMSONS CAR CANE INTELLECTUAL PROPERTY
3 14. Emson markets and sells an automotive assistance device for helping
4 persons to enter and exit an automobile under the trademark CAR CANE.
5 15. Emson advertises the CAR CANE device throughout the United States
6 including via television infomercials and Internet websites.
7 16. Emson sells the CAR CANE device throughout the United States
8 including selling at wholesale to major retailers, and direct to consumers through
9 television infomercials and via Internet websites.
10 17. The CAR CANE device comprises a black handle incorporating a red
11 grip, the black handle and red grip having a distinctive shape, comprising an
12 arbitrary, non-functional and distinctive design (the CAR CANE Trade Dress)
13 adopted by Emson to distinguish the CAR CANE device from other automotive
14 assistance devices in the marketplace.
15 18. As a result of Emsons extensive advertising and promotion of the
16 CAR CANE device, the design has become widely and favorably known to the
17 public and has become recognized as identifying a particular source of the product.
18 19. The CAR CANE Trade Dress is not functional. The design features
19 embodied by the CAR CANE Trade Dress are not essential to its function of the
20 product, do not make the product cheaper or easier to manufacture, and do not
21 affect the quality of the product. The design of the CAR CANE Trade Dress is not
22 a competitive necessity.
23 20. Emson is the sole owner of all right, title, and interest in United States
24 Patent No. D743,324 for Car Handle (the D324 Patent). The D324 Patent
25 covers the ornamental design of the CAR CANE product. The D324 Patent validly
26 and legally issued on November 17, 2015. A true and correct copy of the D324
27 Patent is attached hereto as Exhibit 1.
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1 21. Emson has provided the public with constructive notice of its patent
2 rights pursuant to 35 U.S.C. 287.
4 Trademark Registration No. 4,924,669 (the 669 Registration) for the colors
5 black and red applied in combination to the surface of a non-mechanized hand-held
6 device in the nature of a handle adapted for insertion into the striker pin opening of
7 vehicle to help a person getting in or out of vehicle, (the CAR CANE Design
8 Trademark) as shown in the registration. The 669 Registration duly and validly
9 issued on March 22, 2016. A true and correct copy of the 669 Registration is
10 attached hereto as Exhibit 2.
11 23. Emson has created packaging including text, graphics and photos to
12 use in advertising and marketing the CAR CANE device, which is protected by the
13 copyright laws of the United States. Emson owns all right, title and interest in and
14 to U.S. Copyright Registration No. VA 1-969-939 for Car Cane Packaging (Item
15 9663G-1) (CAR CANE Packaging Work), which duly and validly issued on
16 August 11, 2016. A true and correct copy of said registration with deposit is
18 24. The CAR CANE Packaging Work is original and protectable subject
19 matter.
20 II. INFRINGEMENT OF EMSONS CAR CANE
21 INTELLECTUAL PROPERTY
22 25. During relevant times, PGM has imported, offered for sale, sold, and
23 distributed an automotive assistance device under the name ETERNAL 3-in-1
24 Portable Auto Handle (the ETERNAL Auto Handle), throughout the United
25 States and in this judicial district.
26 26. PGM markets, advertises, sells and distributes ETERNAL Auto
27 Handle in interstate commerce in competition with Emsons CAR CANE.
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1 27. True and correct photographs of PGMs ETERNAL Auto Handle

2 packaging is attached as Exhibit 4 hereto. A true and correct photograph of PGMs
3 ETERNAL Auto Handle product is attached as Exhibit 5 hereto.
4 28. PGMs ETERNAL Auto Handle product is a knock-off of Emsons
5 CAR CANE product.
6 29. The ETERNAL Auto Handle device itself is a duplicate of Emsons
7 CAR CANE device, identical except for the addition of a small, functional black tip
8 on the end of the metal striker piece. The small black tip of ETERNAL Auto
9 Handle is intended to perform the function of breaking an automotive window in an
10 emergency.
11 30. The ETERNAL Auto Handle device infringes the sole claim of the
12 D324 Patent, in that in the eye of an ordinary observer, giving such attention as a
13 purchaser usually gives, the ETERNAL Auto Handle design is substantially the
14 same as the patented design, so that the resemblance is such as to deceive such an
15 observer, inducing him to purchase ETERNAL Auto Handle supposing it to be the
16 patented design.
17 31. The ETERNAL Auto Handle device duplicates and thereby infringes
18 the CAR CANE Design Trademark protected by the 669 Registration.
19 32. Emsons use of the CAR CANE Design Trademark began long prior to
20 any use of that mark by PGM.
21 33. PGMs unauthorized use of its infringing mark is likely to cause
22 confusion, mistake, or deception in the marketplace and in the minds of consumers
23 about the source or sponsorship of the ETERNAL Auto Handle.
24 34. Emson is informed and believes and thereon alleges that PGMs
25 unauthorized use of its infringing mark is intended to trade upon the goodwill and
26 substantial recognition associated with Emson and the CAR CANE Design
27 Trademark.
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1 35. Emson is informed and believes and thereon alleges that PGM is using
2 its infringing mark in an attempt to associate its product with Emson and the CAR
3 CANE Design Trademark, to cause mistake or deception as to the source of PGMs
4 product, and/or to otherwise trade upon Emsons valuable reputation and customer
5 goodwill in the CAR CANE Design Trademark.
6 36. The ETERNAL Auto Handle device duplicates and thereby infringes
7 the CAR CANE Trade Dress.
8 37. Emsons use of the CAR CANE Trade Dress began long prior to any
9 use of that trade dress by PGM.
10 38. PGMs unauthorized use of its infringing trade dress is likely to cause
12 about the source or sponsorship of the ETERNAL Auto Handle.
14 unauthorized use of its infringing trade dress is intended to trade upon the goodwill
15 and substantial recognition associated with Emson and the CAR CANE Trade
16 Dress.
18 its infringing trade dress in an attempt to associate its product with Emson and the
19 CAR CANE Trade Dress, to cause mistake or deception as to the source of PGMs
20 product, and/or to otherwise trade upon Emsons valuable reputation and customer
21 goodwill in the CAR CANE Trade Dress.
22 41. As seen in Exhibit 4, the packaging of the ETERNAL Auto Handle
23 incorporates an exact copy of a portion of the CAR CANE Packaging Work,
24 particularly, a photo of a CAR CANE device placed in the striker of a vehicle for
25 use.
26 42. PGM had access to the copyrighted work prior to the creation of its
27 own packaging, in that the CAR CANE Packaging Work is featured in Emsons
28 CAR CANE packaging, and constituent images are featured on Emsons website at
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1 https://www.carcane.com/, inter alia. The similarity is so exact as to preclude any

2 possibility that the image on PGMs packaging was not copied from the CAR
3 CANE Packaging Work.
4 43. The copied portion of the CAR CANE Packaging Work is original and
5 protectable subject matter.
6 44. The packaging of the ETERNAL Auto Handle infringes Emsons
7 registered copyright in the CAR CANE Packaging Work.
8 45. PGMs infringement of Emsons CAR CANE intellectual property, i.e.
9 the D324 Patent, CAR CANE Design Trademark, CAR CANE Trade Dress, and
10 CAR CANE Packaging Work, is a deliberate and intentional attempt to profit from
11 the advertising expenditures and goodwill established by Emson for the CAR
12 CANE product and is substantially likely to cause confusion among consumers of
13 such products and/or substantially likely to deceive or mislead prospective
14 purchasers by causing the mistaken belief that PGMs ETERNAL Auto Handle
15 product is produced, sponsored, or approved by Emson and is genuine CAR CANE
16 product.
17 46. PGM is competing unfairly with Emson by willfully and extensively
18 copying and infringing Emsons CAR CANE intellectual property in the design,
19 packaging, and marketing of ETERNAL Auto Handle.
20 47. Emson is informed and believes and thereon alleges that Valdez
21 knowingly, willfully, and actively induced, planned, promoted, caused, directed,
22 controlled, assisted with, and benefited from, PGMs acts of infringement of the
23 CAR CANE intellectual property as alleged herein, and continues to do so.
24 48. Emson is informed and believes and thereon alleges that Gong
27 CAR CANE intellectual property as alleged herein, and continues to do so.
28
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1 49. Defendants have and had no license or authorization from Emson to

2 perform any of the acts alleged herein.
3 50. Defendants acts are willful, intentional and malicious.
4 51. Defendants acts complained of herein have caused Emson to suffer
5 irreparable injury to its business. Emson will continue to suffer substantial loss and
6 irreparable injury unless and until Defendants are enjoined from their wrongful
7 actions complained of herein. Emson has no adequate remedy at law.
8 III. EMSONS TACLIGHT LANTERN INTELLECTUAL PROPERTY
9 52. Emson markets and sells a collapsible lantern with automatic shutoff
10 feature under the name TACLIGHT Lantern.
11 53. Emson advertises the TACLIGHT Lantern product throughout the
12 United States including via television infomercials and Internet websites.
14 Patent No. 6,030,094 for Collapsible Lantern with Automatic Shut-Off Feature
15 (the 094 Patent). The 094 Patent validly and legally issued on February 29,
16 2000. A true and correct copy of the 094 Patent is attached hereto as Exhibit 6.
17 55. Claim 1 of the 094 Patent reads as follows:
18 1. A collapsible lantern comprising:
19 a base adapted to house a power source;
20 a telescoping portion movable, relative to said base, between an extended
21 position and a collapsed position, said telescoping portion including a light
22 source; and
23 a switch electrically connected between the power source and said light
24 source;
25 wherein said switch interrupts the electrical connection between the power
26 source and said light source when said telescoping portion is in the collapsed
27 position.
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3 IV. INFRINGEMENT OF EMSONS TACLIGHT LANTERN
5 57. During relevant times, PGM has imported, offered for sale, sold and
6 distributed a collapsible lantern under the name ETERNAL 3-Way Powered Solar
7 LED Lantern (the ETERNAL Lantern) throughout the United States and in this
8 judicial district.
9 58. PGM markets, advertises, sells and distributes ETERNAL Lantern in
10 interstate commerce in competition with Emsons TACLIGHT Lantern.
11 59. The ETERNAL Lantern is a collapsible lantern comprising a base
12 adapted to house a power source (batteries); a telescoping portion movable, relative
13 to said base, between an extended position and a collapsed position, said
14 telescoping portion including a light source (LEDs); and a switch electrically
15 connected between the power source and said light source; wherein said switch
16 interrupts the electrical connection between the power source and said light source
17 when said telescoping portion is in the collapsed position.
18 60. The ETERNAL Lantern infringes claim 1 of the 094 Patent.
20 copying and infringing Emsons TACLIGHT Lantern intellectual property in the
21 design of ETERNAL Lantern.
25 094 Patent as alleged herein, and continues to do so.
28
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2 094 Patent intellectual property as alleged herein, and continues to do so.
10 V. EMSONS TACLIGHT FLASHLIGHT INTELLECTUAL PROPERTY
11 67. Emson markets and sells a tactical flashlight under the trademark
12 TACLIGHT (the TACLIGHT Flashlight).
13 68. Emson advertises the TACLIGHT Flashlight throughout the United
14 States including via television infomercials and Internet websites.
16 Patent No. 7,434,955 for Flashlight system (the 955 Patent). The 955 Patent
17 validly and legally issued on October 14, 2008. A true and correct copy of the 955
18 Patent is attached hereto as Exhibit 7.
19 70. Claim 17 of the 955 Patent reads as follows: In a flashlight having a
20 light source the improvement comprising: said light source having a single finger
21 operated push button switch, said switch changes from mode to mode by a unitary
22 depression of the push button, which steps the flashlight through all modes of
23 operation comprising a first mode of visually continuous illumination and a second
24 mode of discontinuous illumination utilizing said push button switch.
27 72. Emson has created images to use in advertising and marketing the
28 TACLIGHT Flashlight, which are protected by the copyright laws of the United
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1 States. Emson owns all right, title and interest in and to U.S. Copyright
2 Registration No. VA 2-039-360 for Taclight Published Group of Photos (3)
3 (May 7, 2016)) (TACLIGHT Photos Work), which duly and validly issued on
4 August 11, 2016. A true and correct copy of said registration with deposit is
6 73. The photos of the TACLIGHT Photos Work are used by Emson on its
7 TACLIGHT website at https://www.trytaclight.com/, inter alia.
8 74. TACLIGHT Photos Work is original and protectable subject matter.
9 VI. INFRINGEMENT OF EMSONS TACLIGHT FLASHLIGHT
11 75. During relevant times, PGM has been importing, offering for sale,
12 distributing and selling a tactical flashlight under the name ETERNAL Tactical
13 Light (the ETERNAL Flashlight) throughout the United States and in this judicial
14 district. Exhibit 9 hereto is a true and correct copy of the front and back of the
15 packaging of the ETERNAL Flashlight.
16 76. PGM markets, advertises, sells and distributes ETERNAL Flashlight
17 in interstate commerce in competition with Emsons TACLIGHT Flashlight.
18 77. The ETERNAL Flashlight is a flashlight having a light source, said
19 light source having a single finger operated push button switch, said switch changes
20 from mode to mode by a unitary depression of the push button, which steps the
21 flashlight through all modes of operation comprising a first mode of visually
22 continuous illumination and a second mode of discontinuous illumination utilizing
23 said push button switch.
24 78. The ETERNAL Flashlight infringes claim 17 of the 955 Patent.
25 79. As seen in Exhibit 9, the packaging of the Eternal Flashlight
26 incorporates an exact copy of one of the Emson photos that is the subject of the
27 TACLIGHT Photos Work, particularly, a photo of a flashlight frozen in a block of
28 ice while still illuminated, which is original and protectable subject matter.
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2 own packaging, in that the copyrighted photos were featured on Emsons
3 TACLIGHT website at https://www.trytaclight.com/, inter alia. The similarity is
4 so exact as to preclude any possibility that the image on PGMs packaging was not
5 copied from Emsons copyrighted work.
6 81. The packaging of the ETERNAL Flashlight infringes Emsons
7 registered copyright in the TACLIGHT Photos Work by its copying of original and
8 protectable subject matter from the work.
10 copying and infringing Emsons TACLIGHT intellectual property, i.e. the 955
11 Patent and TACLIGHT Photos Work in the design, operation, packaging, and
12 marketing of ETERNAL Flashlight.
16 TACLIGHT Flashlight intellectual property as alleged herein, and continues to do
17 so.
21 TACLIGHT Flashlight intellectual property as alleged herein, and continues to do
22 so.
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3 VII. EMSONS PERSONAL PEDI INTELLECTUAL PROPERTY
4 88. Emson markets and sells a pedicure device (the PERSONAL PEDI
5 device) under the trademark PERSONAL PEDI BY LAURANT and a stylized
6 form of the trademark.
7 89. The stylized form of the PERSONAL PEDI BY LAURANT trademark
8 is registered on the Principal Register of the U.S. Patent and Trademark Office, No.
9 4,757,546 (the 546 Registration), for Apparatus for body and beauty care,
10 namely, hand-held battery powered or rechargeable callus remover for cosmetic
11 treatment of skin. The 546 Registration duly and validly issued on June 16, 2015.
12 A true and correct copy of the 546 Registration is attached hereto as Exhibit 10.
13 90. Emson is the owner of all right, title and interest in and to the
14 common-law trademark PERSONAL PEDI BY LAURANT and the 546
15 Registration (collectively the PERSONAL PEDI Trademarks).
16 91. Emson manufactures and sells the PERSONAL PEDI device in
17 packaging having distinctive trade dress (the PERSONAL PEDI Packaging Trade
18 Dress). Photographs of the front and back of Emsons PERSONAL PEDI product
19 in its distinctive packaging are attached hereto as Exhibit 11.
20 92. As a result of Emsons widespread use and display of the
21 PERSONAL PEDI Packaging Trade Dress in association with its PERSONAL
22 PEDI product, (a) the public has come to recognize and identify product bearing the
23 PERSONAL PEDI Packaging Trade Dress as emanating from Emson, (b) the
24 public recognizes that products bearing the PERSONAL PEDI Packaging Trade
25 Dress constitute high quality products that conform to the specifications created by
26 Emson, and (c) the PERSONAL PEDI Packaging Trade Dress has established
27 strong secondary meaning and extensive goodwill.
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1 93. The PERSONAL PEDI Packaging Trade Dress is not functional. The
2 design features embodied by the PERSONAL PEDI Packaging Trade Dress are not
3 essential to its function of the product, do not make the product cheaper or easier to
4 manufacture, and do not affect the quality of the product. The design of the
5 PERSONAL PEDI Packaging Trade Dress is not a competitive necessity.
6 94. Emson has created packaging including text, graphics and photos to
7 use in advertising and marketing the PERSONAL PEDI device, which are protected
8 by the copyright laws of the United States. Emson owns all right, title and interest
9 in and to U.S. Copyright Registration No. VA 1-969-938 for Personal Pedi
10 Packaging (PERSONAL PEDI Packaging Work), which duly and validly issued
11 on June 30, 2015. A true and correct copy of said registration with deposit is
13 VIII. INFRINGEMENT OF EMSONS PERSONAL PEDI
16 distributing and selling a pedicure device under the name ETERNAL PERSONAL
17 PEDISMOOTH (the ETERNAL Pedicure Device) throughout the United States
18 and in this judicial district. Exhibit 13 hereto is a true and correct copy of the front
19 and back of the packaging of the ETERNAL Pedicure Device.
20 96. PGM markets, advertises, sells and distributes ETERNAL Pedicure
21 Device in interstate commerce in competition with Emsons PERSONAL PEDI
22 device.
23 97. The packaging of the ETERNAL Pedicure Device is overall
24 substantially similar to the copyrighted PERSONAL PEDI Packaging Work.
25 98. Details of the front of PERSONAL PEDI Packaging Work are
26 copied, substantially or exactly, in the front of packaging of the ETERNAL
27 Pedicure Device, including without limitation: the placement, position, and
28 selection of text, graphics and photos over the blue background gradient as in the
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1 Emson packaging; the array of before-and-after photos; the circular blue graphic
2 containing a starburst and the text BATTERY OPERATED 2500 RPM over the
3 words REQUIRES 2 AA BATTERIES (Not Included) including the font
4 selection, placement, arrangement and colors; the text BONUS BUFFING
5 LAYER and Leaves Skin Smooth & Polished including the font selection,
6 placement, arrangement and colors; the text Includes Personal Pedi (1) Remover
7 Roller (1) Buffing Roller (1) Cleaning Brush including the font selection,
8 placement, arrangement and colors; the text REMOVES CALLUSES,
9 WATERPROOF, BUFFS AWAY DRY SKIN, with triangular bullets, including
10 the font selection, placement, arrangement and colors; the text BEAUTIFUL
11 FEET IN MINUTES A DAY! including the placement near the top of the
12 packaging, and colors; the use of a demonstration photo in which a model
13 demonstrates use of the device is similarly posed and is in a window with a circular
14 left border, positioned as in the Emson packaging.
15 99. Details of the back of PERSONAL PEDI Packaging Work are copied,
16 substantially or exactly, in the front of packaging of the ETERNAL Pedicure
17 Device, including without limitation: the placement, position, and selection of text,
18 graphics and photos over the blue background gradient as in the Emson packaging;
19 the circular blue graphic containing a starburst and the text FONCTIONNANT
20 SUR BATTERIES 2500 tr/mn including the font selection, placement,
21 arrangement and colors; the words REQUIRES 2 AA BATTERIES (Not
22 Included), including the font selection, placement, arrangement and colors; the text
23 ROULEAU POLISSEUR EN PRIME and Laisse la peau douce et lisse
24 including the font selection, placement, arrangement and colors; the photo of a
25 replacement roller; the text ELIMINE LES CALLOSITS, HYDROFUGE,
26 ENLVE LA PEAU SCHE, with triangular bullets, including the font selection,
27 placement, arrangement and colors; the text QUELQUES MINUTES PAR JOUR
28 POUR DE BEAUX PIEDS including the placement near the top of the packaging,
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1 and colors; the use of a demonstration photo in which a model demonstrates use of
2 the device is similarly posed and is in a window with a circular left border,
3 positioned as in the Emson packaging; the photo of a pedicure device positioned
4 over the demonstration photo as in the Emson packaging, and in the infringing
5 packaging Emsons trademark has been crudely edited out of the device photo.
7 own packaging, in that the PERSONAL PEDI Packaging Work was in the
8 marketplace long prior to PGMs creation of its own packaging, inter alia. The
9 similarity is so exact as to preclude any possibility that the ETERNAL Pedicure
10 Device packaging was not copied from Emsons copyrighted packaging.
11 101. The packaging of the ETERNAL Pedicure Device infringes Emsons
12 copyright in the PERSONAL PEDI Packaging Work.
13 102. The packaging of the ETERNAL Pedicure Device bears Emsons
14 PERSONAL PEDI BY LAURANTs trademark in two places, in the stylized form,
15 which also incorporates the plain form of the trademark.
16 103. Emsons use of PERSONAL PEDI BY LAURANT in both plain and
17 stylized forms began long prior to any use of those marks by PGM.
18 104. PGMs unauthorized use of its infringing mark is likely to cause
20 about the source or sponsorship of the ETERNAL Pedicure Device.
22 unauthorized use of its infringing mark is intended to trade upon the goodwill and
23 substantial recognition associated with Emson and the PERSONAL PEDI
24 Trademarks.
26 its infringing mark in an attempt to associate its product with Emson and the
27 PERSONAL PEDI Trademarks, to cause mistake or deception as to the source of
28
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1 PGMs product, and/or to otherwise trade upon Emsons valuable reputation and
2 customer goodwill in the PERSONAL PEDI Trademarks.
3 107. The ETERNAL Pedicure Device is packaged in trade dress that is
4 confusingly similar to the PERSONAL PEDI Packaging Trade Dress.
5 108. PGM did not begin using its infringing trade dress in connection with
6 the ETERNAL Pedicure Device until long after Emson began using the
7 PERSONAL PEDI Packaging Trade Dress.
8 109. PGMs unauthorized use of its infringing trade dress is likely to cause
10 about the source or sponsorship of the ETERNAL Pedicure Device.
12 unauthorized use of its infringing trade dress is intended to trade upon the goodwill
13 and substantial recognition associated with Emson and the PERSONAL PEDI
14 Packaging Trade Dress.
16 its infringing trade dress in an attempt to associate its product with Emson and the
17 PERSONAL PEDI Packaging Trade Dress, to cause mistake or deception as to the
18 source of PGMs product, and/or to otherwise trade upon Emsons valuable
19 reputation and customer goodwill in the PERSONAL PEDI Packaging Trade Dress.
21 copying and infringing Emsons PERSONAL PEDI intellectual property in the
22 design, packaging, and marketing of ETERNAL Pedicure Device.
26 PERSONAL PEDI intellectual property as alleged herein, and continues to do so.
- 19 -
2 PERSONAL PEDI intellectual property as alleged herein, and continues to do so.
10
11 IX. EMSONS GOTHAM STEEL INTELLECTUAL PROPERTY
12 118. Emson markets and sells a line of cookware including pots, pans and
13 crisper baskets (the GOTHAM STEEL Cookware) under the trademark
14 GOTHAM STEEL.
15 119. Emson has created certain images (the GOTHAM STEEL Image
16 Works) to use in packaging, advertising and marketing the GOTHAM STEEL
17 Cookware, which are protected by the copyright laws of the United States. A true
18 and correct copy of the GOTHAM STEEL Image Works is attached as Exhibit 14.
19 120. The GOTHAM STEEL Image Works include: A: GOTHAM STEEL
20 Pan with Rustic Breakfast, B: GOTHAM STEEL Pan with Salmon, C: GOTHAM
21 STEEL Pan with Potatoes, D: GOTHAM STEEL Pan with Eggs, E: GOTHAM
22 STEEL 10-Piece Set, F: GOTHAM STEEL 10-Piece Set on Shelves, G: GOTHAM
23 STEEL 10-Piece Set on Table, H: GOTHAM STEEL Crisper Tray with Fries, I:
24 GOTHAM STEEL Crisper Tray with Chicken.
25 121. Prior to filing this Complaint, Emson filed applications with the United
26 States Copyright Office to register the copyright in the GOTHAM STEEL Image
27 Works, thereby satisfying the requirement of registration prior to bringing an action
28
- 20 -
1 for copyright infringement. True and correct copies of said registrations are
3 122. Emson owns all right, title and interest in and to U.S. Copyright
4 Registration No. VA 2-067-128 for GOTHAM STEEL Pan with Rustic
5 Breakfast, which duly and validly issued on September 14, 2017. A true and
6 correct copy of said registration with deposit is attached hereto as Exhibit 16.
7 123. The GOTHAM STEEL Image Works are original and protectable
8 subject matter.
9 X. INFRINGEMENT OF EMSONS GOTHAM STEEL
12 distributing and selling a line of cookware including pots, pans and crisper baskets
13 (the ETERNAL Cookware) under the trademark ETERNAL.
14 125. PGM markets, advertises, sells and distributes ETERNAL Cookware
15 in interstate commerce in competition with Emsons GOTHAM STEEL Cookware.
16 126. The ETERNAL Cookware includes an 11-in pan and a 12.5-inch pan
17 (the ETERNAL 11-In Pan and ETERNAL 12.5-Inch Pan).
18 127. Exhibit 17 is a true and correct photograph of the ETERNAL 11-In
19 Pan.
20 128. As seen in Exhibit 17, the packaging of the ETERNAL 11-In Pan
21 includes a slip sheet bearing an image which is cropped, horizontally flipped copy
22 of GOTHAM STEEL Pan with Rustic Breakfast, and a cropped copy of GOTHAM
23 STEEL Pan with Salmon.
24 129. Exhibit 18 is a true and correct photograph of the ETERNAL 12.5-In
25 Pan.
26 130. As seen in Exhibit 18, the packaging of the ETERNAL 12.5-In Pan
27 includes a slip sheet bearing an image which is cropped, horizontally flipped copy
28
- 21 -
1 of GOTHAM STEEL Pan with Rustic Breakfast, and a cropped copy of GOTHAM
2 STEEL Pan with Salmon.
3 131. The ETERNAL Cookware includes a 10-piece set (the ETERNAL
4 10-Piece Set).
5 132. Exhibit 19 is a collection of true and correct photographs of views of
6 the packaging of the ETERNAL 10-Piece Set.
7 133. As seen in Exhibit 19, the packaging of the ETERNAL 10-Piece Set
8 includes three cropped copies of GOTHAM STEEL Pan with Salmon, and two
9 copies of an image of arranged pans and lids which is substantially similar to
10 GOTHAM STEEL 10-Piece Set Arrangement.
11 134. The ETERNAL Cookware includes a crisper basket and tray set (the
12 ETERNAL Copper Crisper Tray).
13 135. Exhibit 20 is a collection of true and correct photographs of views of
14 the packaging of the ETERNAL Copper Crisper Tray.
15 136. As seen in Exhibit 20, the packaging of the ETERNAL Copper Crisper
16 Tray includes two horizontally flipped copies of GOTHAM STEEL Crisper Tray
17 with Fries and one cropped copy of GOTHAM STEEL Crisper Tray with Chicken.
18 137. PGM maintains a website at URL http://www.pgmgroupusa.com for
19 marketing the ETERNAL Cookware.
20 138. Exhibit 21 is a true and correct copy of captures of PGMs webpage
21 for marketing the ETERNAL 11-In Pan, at URL
22 http://www.pgmgroupusa.com/product/11-copper-pan/, captured September 5,
23 2017.
24 139. As seen in Exhibit 21, the webpage includes cropped copies of
25 GOTHAM STEEL Pan with Rustic Breakfast, GOTHAM STEEL Pan with
26 Potatoes (flipped horizontally), and GOTHAM STEEL Pan with Eggs (flipped
27 horizontally). Additionally, the web page states that the product is Like on TV.
28
- 22 -

2 for marketing the ETERNAL 12.5-In Pan, at URL
3 http://www.pgmgroupusa.com/product/12-5-copper-pan/, captured September 5,
4 2017.
5 141. As seen in Exhibit 22, the webpage includes cropped copies of
6 GOTHAM STEEL Pan with Rustic Breakfast, GOTHAM STEEL Pan with
7 Potatoes (flipped horizontally), and GOTHAM STEEL Pan with Eggs (flipped
8 horizontally). Additionally, the web page states that the product is Like on TV.
10 for marketing the ETERNAL 10-Piece Set, at URL
11 http://www.pgmgroupusa.com/product/10pc-cookware-set/, captured September 5,
12 2017.
13 143. As seen in Exhibit 23, the webpage includes copies of GOTHAM
14 STEEL 10-Piece Set on Shelves, GOTHAM STEEL 10-Piece Set on Table, and an
15 image of arranged pans and lids which is substantially similar to GOTHAM STEEL
16 10-Piece Set Arrangement.
18 for marketing the ETERNAL Copper Crisper Tray, at URL
19 http://www.pgmgroupusa.com/product/copper-crisper/, captured September 5,
20 2017.
21 145. As seen in Exhibit 24, the webpage includes copies of GOTHAM
22 STEEL Crisper Tray with Fries and GOTHAM STEEL Crisper Tray with Chicken.
23 146. PGM had access to the copyrighted works prior to the creation of its
24 own packaging for the ETERNAL Cookware, in that the GOTHAM STEEL Image
25 Works had been previously used in on-line by Emson, and/or in Emson packaging
26 inter alia. The similarity is so exact as to preclude any possibility that the images
27 on PGMs ETERNAL Cookware packaging was not copied from Emsons
28 copyrighted works.
- 23 -
1 147. The packaging of the ETERNAL Cookware infringes Emsons

2 copyright in the GOTHAM STEEL Image Works by its copying of the protected
3 images.
4 148. PGMs website for marketing the ETERNAL Cookware infringes
5 Emsons copyright in the GOTHAM STEEL Image Works by its copying of the
6 protected images.
8 copying and infringing Emsons GOTHAM STEEL intellectual property in the
9 design, packaging, and marketing of ETERNAL Cookware.
13 GOTHAM STEEL intellectual property as alleged herein, and continues to do so.
17 GOTHAM STEEL intellectual property as alleged herein, and continues to do so.
25
26
27
28
- 24 -
1 FIRST CLAIM
2 Infringement of U.S. Patent No. D743,324
3 (Against all Defendants)
4 (35 U.S.C. 271)
5 155. Emson repeats and re-alleges the allegations of paragraphs 1-154 of
6 this Complaint as if set forth fully herein.
7 156. This is a claim for patent infringement under 35 U.S.C. 271.
8 157. PGM, through its agents, employees, and servants has, and continues
9 to, knowingly, intentionally, and willfully infringe the D324 Patent by making,
10 using, selling, offering for sale, and/or importing automotive assistance devices
11 having a design that appears to an ordinary observer to be claimed design of the
12 D324 Patent, including for example, PGMs ETERNAL Auto Handle.
13 158. Valdez and Gong have knowingly, willfully, and actively induced,
14 planned, promoted, caused, directed, controlled, assisted with, and benefited from
15 PGMs infringement of the D324 Patent.
16 159. Defendants acts of infringement of the D324 Patent were without
17 permission or license from Emson. Emson is informed and believes and thereon
18 that Defendants had actual knowledge of Emsons rights in the design claimed in
19 the D324 Patent. Accordingly, Defendants actions constitute willful and
20 intentional infringement of the D324 Patent. Defendants infringed the D324 Patent
21 with reckless disregard of Emsons patent rights. Defendants knew, or it was so
22 obvious that Defendants should have known, that its actions constituted
23 infringement of the D324 Patent.
24 160. As a direct and proximate result of Defendants acts of infringement,
25 Defendants have derived and received gains, profits, and advantages in an amount
26 that is not presently known to Emson.
27
28
- 25 -
1 161. Pursuant to 35 U.S.C. 284, Emson is entitled to damages for

2 Defendants infringing acts and treble damages together with interests and costs as
3 fixed by this Court.
4 162. Pursuant to 35 U.S.C. 285, Emson is entitled to reasonable attorneys
5 fees for the necessity of bringing this claim.
6 163. Pursuant to 35 U.S.C. 289, Emson is entitled to Defendants total
7 profits from Defendants infringement of Emsons design patents.
8 164. Due to the aforesaid infringing acts, Emson has suffered great and
9 irreparable injury, for which Emson has no adequate remedy at law. Emson is
10 entitled to an injunction against further infringement pursuant to 35 U.S.C. 283.
11 165. Defendants will continue to directly and/or indirectly infringe Emsons
12 patent rights to the great and irreparable injury of Emson, unless enjoined by this
13 Court.
14 SECOND CLAIM
15 Infringement of CAR CANE Design Trademark
17 (15 U.S.C. 1114)
20 167. This is a claim for trademark infringement arising under 15 U.S.C.
21 1114.
22 168. Defendants are involved in the manufacture, sale, offer for sale,
23 distribution, import, and/or export of automotive assistance devices including the
24 ETERNAL Auto Handle that bear the CAR CANE Design Trademark, registered as
25 U.S. Trademark Reg. No. 4,924,669.
26 169. The design of Defendants ETERNAL Auto Handle is confusingly
27 similar to the CAR CANE Design Trademark and is likely to cause confusion in the
28 marketplace.
- 26 -
1 170. Defendants use of the infringing design is without Emsons consent in

2 a manner that infringes upon Emsons rights in the 669 Registration in violation of
3 15 U.S.C. 1114.
4 171. Emson is informed and believes and thereon alleges that Defendant did
5 so with the intent to unfairly compete with Emson, to trade upon Emsons
6 reputation and goodwill by causing confusion and mistake among customers and
7 the public, and to deceive the public into believing that Defendants products are
8 associated with, sponsored by, originate from, or are approved by Emson, when
9 they are not.
10 172. Defendants activities constitute willful and intentional infringement of
11 the CAR CANE Design Trademark, and were done despite Defendants knowledge
12 that the use of the Emson Marks was and is in direct contravention of Emsons
13 rights.
14 173. Defendant has derived and received, and will continue to derive and
15 receive, gains, profits, and advantages from the use of the CAR CANE Design
16 Trademark in an amount that is not presently known to Emson. By reason of
17 Defendants actions, constituting unauthorized use of the Emson Marks, Emson has
18 been damaged and is entitled to monetary relief in an amount to be determined at
19 trial.
20 174. Due to Defendants actions, constituting unauthorized use of the CAR
21 CANE Design Trademark, Emson has suffered and continues to suffer great and
22 irreparable injury, for which Emson has no adequate remedy at law.
23 THIRD CLAIM
24 Infringement of CAR CANE Trade Dress
26 (15 U.S.C. 1125(a))
- 27 -
1 176. This is a claim for unfair competition and trade dress infringement
2 under 15 U.S.C. 1125(a).
3 177. Subsequent to Emsons use and adoption of the CAR CANE Trade
4 Dress, Defendant has developed, manufactured, imported, advertised, and/or sold
5 products that use trade dress that is confusingly similar to the CAR CANE Trade
6 Dress including the ETERNAL Auto Handle.
7 178. Defendants use of the CAR CANE Trade Dress in connection with its
8 ETERNAL Auto Handle is likely to cause confusion, or to cause mistake, or to
9 deceive as to the affiliation, connection, or association of Defendants with Emson.
10 179. Emson is informed and believes and thereon alleges that Defendants
11 acts of trade dress infringement were undertaken willfully with the express intent to
12 cause confusion, and to mislead and deceive the purchasing public.
13 180. Emson is informed and believes and thereon alleges that Defendant
14 has derived and received, and will continue to derive and receive, gains, profits, and
15 advantages from Defendants trade dress infringement in an amount that is not
16 presently known to Emson. By reason of Defendants actions, constituting trade
17 dress infringement, Emson has been damaged and is entitled to monetary relief in
18 an amount to be determined at trial.
19 181. Due to Defendants actions, constituting trade dress infringement,
20 Emson has suffered and continues to suffer great and irreparable injury, for which
21 Emson has no adequate remedy at law.
22 182. Pursuant to 15 U.S.C. 1117, Emson is entitled to Defendants profits,
23 damages for Defendants infringing acts, up to three times actual damages as fixed
24 by this Court, and its reasonable attorneys fees for the necessity of bringing this
25 claim.
26
27
28
- 28 -
1 FOURTH CLAIM
2 Copyright Infringement of CAR CANE Packaging Work
4 (17 U.S.C. 501)
7 184. Emson is informed and believes and thereon alleges that Defendants,
8 and each of them, had access to the CAR CANE Packaging Work.
10 and each of them, infringed Emson's copyright in the CAR CANE Packaging Work
11 by creating, making and/or developing directly infringing and/or derivative works
12 from the CAR CANE Packaging Work and by producing, distributing and/or
13 selling the ETERNAL Auto Handle in packaging which infringes the CAR CANE
14 Packaging Work.
16 and each of them, are vicariously liable for the infringement alleged herein because
17 they had the right and ability to supervise the infringing conduct and because they
18 had a direct financial interest in the infringing conduct.
20 knowingly induced, participated in, aided and abetted in and profited from the
21 illegal reproduction and/or subsequent sales of product featuring the CAR CANE
22 Packaging Work as alleged hereinabove.
23 188. Due to Defendants' acts of infringement, Emson has suffered
24 substantial damages to its business in an amount to be established at trial.
25 189. Due to Defendants' acts of infringement, Emson has suffered general
26 and special damages in an amount to be established at trial.
27 190. Due to Defendants' acts of copyright infringement as alleged herein,
28 Defendants, and each of them, have obtained direct and indirect profits they would
- 29 -
1 not otherwise have realized but for their infringement of the CAR CANE Packaging
2 Work. As such, Emson is entitled to disgorgement of Defendants' profits directly
3 and indirectly attributable to Defendants' infringement of the CAR CANE
4 Packaging Work in an amount to be established at trial.
5 191. Emson is informed and believes and thereon alleges that the
6 infringement of the CAR CANE Packaging Work was willful, reckless, and/or in
7 blatant disregard for Emsons rights as a copyright holder, and as such, claims
8 willful, exemplary and enhanced statutory damages.
9 FIFTH CLAIM
10 Infringement of U.S. Patent No. 6,030,094
12 (35 U.S.C. 271)
17 to, knowingly, intentionally, and willfully infringe the 094 Patent by making,
18 using, selling, offering for sale, and/or importing collapsible lanterns which infringe
19 the 094 Patent, including for example, PGMs ETERNAL 3-Way Powered Solar
20 LED Lantern. Valdez and Gong have knowingly, willfully, and actively induced,
21 planned, promoted, caused, directed, controlled, assisted with, and benefited from
22 PGMs infringement of the 094 Patent.
23 195. Defendants acts of infringement of the 094 Patent were without
25 alleges that Defendants had actual knowledge of Emsons rights in the 094 Patent.
26 Accordingly, Defendants actions constitute willful and intentional infringement of
27 the 094 Patent. Defendants infringed the 094 Patent with reckless disregard of
28
- 30 -
1 Emsons patent rights. Defendants knew, or it was so obvious that Defendants

2 should have known, that its actions constituted infringement of the 094 Patent.
16 Court.
17 SIXTH CLAIM
18 Federal Trademark Infringement and Trademark Counterfeiting of
19 PERSONAL PEDI Trademarks
21 (15 U.S.C. 1114)
24 202. This is a claim for trademark infringement and trademark
25 counterfeiting arising under 15 U.S.C. 1114.
26 203. Defendants are involved in the manufacture, sale, offer for sale,
27 distribution, import, and/or export of pedicure devices including the ETERNAL
28
- 31 -
1 Pedicure Device that bear the PERSONAL PEDI BY LAURANT in stylized form
2 registered as U.S. Trademark Reg. No. 4,757,546.
3 204. The Defendants use of the stylized form of the PERSONAL PEDI BY
4 LAURANT mark includes the plain text form.
5 205. The use of the PERSONAL PEDI Trademarks in Defendants
6 ETERNAL Pedicure Device is likely to cause confusion in the marketplace.
7 206. The Defendants use of the stylized form of the PERSONAL PEDI BY
8 LAURANT mark constitutes trademark counterfeiting under 15 U.S.C. 1116.
9 207. Defendants use of the infringing marks is without Emsons consent in
10 a manner that infringes upon Emsons rights in the PERSONAL PEDI Trademarks
11 in violation of 15 U.S.C. 1114.
12 208. Defendants activities constitute willful and intentional counterfeiting
13 and infringement of the PERSONAL PEDI Trademarks, and were done despite
14 Defendants knowledge that the use of the PERSONAL PEDI Trademarks was and
15 is in direct contravention of Emsons rights.
16 209. Emson is informed and believes and thereon alleges that Defendant did
17 so with the intent to unfairly compete with Emson, to trade upon Emsons
18 reputation and goodwill by causing confusion and mistake among customers and
19 the public, and to deceive the public into believing that Defendants products are
20 associated with, sponsored by, originate from, or are approved by Emson, when
21 they are not.
22 210. Defendant has derived and received, and will continue to derive and
23 receive, gains, profits, and advantages from the unauthorized use of the
24 PERSONAL PEDI Trademarks in an amount that is not presently known to Emson.
25 By reason of Defendants actions, constituting unauthorized use of the PERSONAL
26 PEDI Trademarks, Emson has been damaged and is entitled to monetary relief in an
27 amount to be determined at trial.
28
- 32 -

4 claim.
5 212. For Defendants counterfeiting of the PERSONAL PEDI Trademarks,
6 pursuant to 15 U.S.C. 1117 Emson is entitled to statutory damages in an amount
7 not less than $500 or more than $100,000 per counterfeit mark per type of goods
8 sold, offered for sale, or distributed, as the Court considers just; and because the
9 counterfeiting is willful, not more than $1,000,000 per counterfeit mark per type of
10 goods or services sold, offered for sale, or distributed, as the Court considers just.
11 213. Due to Defendants actions, constituting unauthorized use and
12 counterfeiting of the PERSONAL PEDI Trademarks, Emson has suffered and
13 continues to suffer great and irreparable injury, for which Emson has no adequate
14 remedy at law.
15 SEVENTH CLAIM
16 Infringement of PERSONAL PEDI Packaging Trade Dress
18 (15 U.S.C. 1125(a))
21 215. This is a claim for trade dress infringement under 15 U.S.C. 1125(a).
22 216. Subsequent to Emsons use and adoption of the PERSONAL PEDI
23 Packaging Trade Dress, Defendant has developed, manufactured, imported,
24 advertised, and/or sold products in packaging that use trade dress that is
25 confusingly similar to the PERSONAL PEDI Packaging Trade Dress including the
26 ETERNAL Pedicure Device.
27 217. Defendants use of the PERSONAL PEDI Packaging Trade Dress in
28 connection with its ETERNAL Pedicure Device is likely to cause confusion, or to
- 33 -
1 cause mistake, or to deceive as to the affiliation, connection, or association of

2 Defendants with Emson.
4 acts of trade dress infringement were undertaken willfully with the express intent to
5 cause confusion, and to mislead and deceive the purchasing public.
6 219. Emson is informed and believes and thereon alleges that Defendant
7 has derived and received, and will continue to derive and receive, gains, profits, and
8 advantages from Defendants trade dress infringement in an amount that is not
9 presently known to Emson. By reason of Defendants actions, constituting trade
10 dress infringement, Emson has been damaged and is entitled to monetary relief in
11 an amount to be determined at trial.
15 claim.
16 221. Due to Defendants actions, constituting trade dress infringement,
17 Emson has suffered and continues to suffer great and irreparable injury, for which
18 Emson has no adequate remedy at law.
19 EIGHTH CLAIM
20 Copyright Infringement of PERSONAL PEDI Packaging Work
22 (17 U.S.C. 501)
26 and each of them, had access to the PERSONAL PEDI Packaging Work.
28 and each of them, infringed Emson's copyright in the PERSONAL PEDI Packaging
- 34 -
1 Work by creating, making and/or developing directly infringing and/or derivative

2 works from the PERSONAL PEDI Packaging Work and by producing, distributing
3 and/or selling the ETERNAL Pedicure Device in packaging which infringes the
4 PERSONAL PEDI Packaging Work.
11 illegal reproduction and/or subsequent sales of product featuring the PERSONAL
12 PEDI Packaging Work as alleged hereinabove.
19 not otherwise have realized but for their infringement of the PERSONAL PEDI
20 Packaging Work. As such, Emson is entitled to disgorgement of Defendants' profits
21 directly and indirectly attributable to Defendants' infringement of the PERSONAL
22 PEDI Packaging Work in an amount to be established at trial.
24 infringement of the PERSONAL PEDI Packaging Work was willful, reckless,
25 and/or in blatant disregard for Emsons rights as a copyright holder, and as such,
26 claims willful, exemplary and enhanced statutory damages.
27
28
- 35 -
1 NINTH CLAIM
2 Infringement of U.S. Patent No. 7,434,955
4 (35 U.S.C. 271)
9 to, knowingly, intentionally, and willfully infringe the 955 Patent by making,
10 using, selling, offering for sale, and/or importing flashlights which infringe the 955
11 Patent, including for example, PGMs ETERNAL Flashlight. Valdez and Gong
12 have knowingly, willfully, and actively induced, planned, promoted, caused,
13 directed, controlled, assisted with, and benefited from PGMs infringement of the
14 955 Patent.
15 234. Defendants acts of infringement of the 955 Patent were without
17 alleges that Defendants had actual knowledge of Emsons rights in the 955 Patent.
18 Accordingly, Defendants actions constitute willful and intentional infringement of
19 the 955 Patent. Defendants infringed the 955 Patent with reckless disregard of
20 Emsons patent rights. Defendants knew, or it was so obvious that Defendants
21 should have known, that its actions constituted infringement of the 955 Patent.
28
- 36 -

8 Court.
9 TENTH CLAIM
10 Copyright Infringement of TACLIGHT Photos Work
12 (17 U.S.C. 501)
16 and each of them, had access to the TACLIGHT Photos Work.
18 and each of them, infringed Emson's copyright in the TACLIGHT Photos Work by
19 creating, making and/or developing directly infringing and/or derivative works
20 from the TACLIGHT Photos Work and by producing, distributing and/or selling
21 the ETERNAL Flashlight in packaging which infringes the TACLIGHT Photos
22 Work.
- 37 -
1 illegal reproduction and/or subsequent sales of product featuring the TACLIGHT

2 Photos Work as alleged hereinabove.
9 not otherwise have realized but for their infringement of the TACLIGHT Photos
10 Work. As such, Emson is entitled to disgorgement of Defendants' profits directly
11 and indirectly attributable to Defendants' infringement of the TACLIGHT Photos
12 Work in an amount to be established at trial.
14 infringement of the TACLIGHT Photos Work was willful, reckless, and/or in
15 blatant disregard for Emsons rights as a copyright holder, and as such, claims
17 ELEVENTH CLAIM
18 Copyright Infringement of GOTHAM STEEL Image Works
20 (17 U.S.C. 501)
24 and each of them, had access to the GOTHAM STEEL Image Works.
26 and each of them, infringed Emson's copyright in the GOTHAM STEEL Image
27 Works by creating, making and/or developing directly infringing and/or derivative
28 works from the GOTHAM STEEL Image Works and by producing, distributing
- 38 -
1 and/or selling the ETERNAL Cookware in packaging which infringes the

2 GOTHAM STEEL Image Works.
9 illegal reproduction and/or subsequent sales of product featuring the GOTHAM
10 STEEL Image Works as alleged hereinabove.
17 not otherwise have realized but for their infringement of the GOTHAM STEEL
18 Image Works. As such, Emson is entitled to disgorgement of Defendants' profits
19 directly and indirectly attributable to Defendants' infringement of the GOTHAM
20 STEEL Image Works in an amount to be established at trial.
22 infringement of the GOTHAM STEEL Image Works was willful, reckless, and/or
23 in blatant disregard for Emsons rights as a copyright holder, and as such, claims
25
26
27
28
- 39 -
1 TWELFTH CLAIM
2 Federal Unfair Competition
4 (15 U.S.C. 1125(a))
7 259. This is a claim for unfair competition of origin arising under 15 U.S.C.
8 1125(a).
9 260. Defendants' use and infringement of the CAR CANE intellectual
10 property, TACLIGHT Lantern intellectual property, TACLIGHT Flashlight
11 intellectual property, PERSONAL PEDI intellectual property, and GOTHAM
12 STEEL intellectual property, all in competition with Emson in interstate commerce
13 and without Emsons consent constitutes a false designation of origin, false or
14 misleading description of fact, or false or misleading representation of fact, which
15 is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation,
16 connection, or
17 261. Such conduct by Defendant is likely to confuse, mislead, and deceive
18 Defendants customers, purchasers, and members of the public as to the origin of
19 the intellectual property or cause said persons to believe that PGM and/or its
20 products have been sponsored, approved, authorized, or licensed by Emson or are in
21 some way affiliated or connected with Emson, all in violation of 15 U.S.C.
22 1125(a) and constitutes unfair competition with Emson.
23 262. Emson is informed and believes and thereon alleges that Defendants'
24 actions were undertaken willfully and intentionally and with full knowledge of
25 Emson's rights.
27 have derived and received, and will continue to derive and receive, unlawful gains,
28
- 40 -
1 profits, and advantages from their unfair competition in an amount that is not
2 presently known to Emson.
3 264. By reason of Defendants' unfair competition, Emson has been
4 damaged and is entitled to monetary relief in an amount to be determined at trial.
5 265. Due to Defendants' unfair competition, Emson has suffered and
6 continues to suffer great and irreparable injury, for which Emson has no adequate
7 remedy at law.
9 Defendants' acts constituting unfair competition, up to three times actual damages
10 as fixed by this Court, and its reasonable attorneys fees for the necessity of
11 bringing this claim.
12 THIRTEENTH CLAIM FOR RELIEF
14 (California Common Law Trademark Infringement)
17 268. This is a claim for trademark infringement, arising under California
18 common law.
19 269. Defendants unauthorized use of the CAR CANE Design Trademark,
20 and PERSONAL PEDI Trademarks constitute trademark infringement under
21 California common law. Defendants acts complained of herein are willful and
22 deliberate and committed with knowledge that Defendants unauthorized use of the
23 CAR CANE Design Trademark, and PERSONAL PEDI Trademarks causes a
24 likelihood of confusion.
25 270. Emson is informed and believes, and thereon alleges, that Defendants
26 have derived and received and will continue to derive and receive, gains, profits,
27 and advantages from Defendants trademark infringement in an amount that is not
28 presently known to Emson. By reason of Defendants wrongful acts as alleged in
- 41 -
1 this Complaint, Emson has been damaged and is entitled to monetary relief in an
2 amount to be determined at trial.
3 271. Due to Defendants trademark infringement, Emson has suffered and
4 continues to suffer great and irreparable injury for which Emson has no adequate
5 remedy at law.
6 FOURTEENTH CLAIM
8 (California Unfair Competition)
11 273. This is a claim for unfair competition, arising under California
12 Business & Professions Code 17200, et seq. and California common law.
13 274. Defendants use and infringement of the CAR CANE intellectual
14 property, TACLIGHT Lantern intellectual property, TACLIGHT Flashlight
15 intellectual property, PERSONAL PEDI intellectual property, and GOTHAM
16 STEEL intellectual property constitute unfair competition with Emson under the
17 common law and statutory laws of the State of California, particularly California
18 Business & Professions Code 17200 et seq.
20 have derived and received, and will continue to derive and receive, gains, profits,
21 and advantages from Defendants unfair competition in an amount that is not
22 presently known to Emson.
23 276. By reason of Defendants wrongful acts as alleged in this Complaint,
24 Emson has been damaged and is entitled to monetary relief in an amount to be
25 determined at trial.
26 277. By its actions, Defendants have injured and violated the rights of
27 Emson and has irreparably injured Emson, and such irreparable injury will continue
28 unless Defendants are enjoined by this Court.
- 42 -
1 PRAYER FOR RELIEF

2 WHEREFORE, Emson prays for judgment in its favor against all Defendants
3 and each of them for the following relief:
4 A. For Defendants infringement of Emsons U.S. Patent No. D743,324
5 for Car Handle (the D324 Patent), U.S. Patent No. 6,030,094 for Collapsible
6 Lantern with Automatic Shut-Off Feature (the 094 Patent), and U.S. Patent No.
7 7,434,955 for Flashlight system (the 955 Patent):
8 1. An Order adjudging Defendants to have willfully infringed the D324,
9 094, and 955 Patents under 35 U.S.C. 271;
10 2. Judgment against Defendants for temporary, preliminary and
11 permanent injunctions pursuant to 35 U.S.C. 283, enjoining Defendants and their
12 affiliates, partners, representatives, servants, employees, attorneys and all persons
13 in active concert, privity or participation with Defendants from importing, selling,
14 offering for sale, distributing and/or distributing the ETERNAL Auto Handle
15 product, ETERNAL Lantern product, ETERNAL Flashlight product, and any
16 products that are not colorably different from those products, and from directly or
17 indirectly infringing the D324, 094, and 955 Patents in violation of 35 U.S.C.
18 271;
19 3. An award of damages adequate to compensate for the infringement,
20 but in no event less than a reasonable royalty for the use made of the invention by
21 the infringer, that amount trebled for Defendants willful infringement, pursuant to
22 35 U.S.C. 284;
23 4. An award of the Defendants total profit on the sale of products which
24 infringe the D324 Patent, pursuant to 35 U.S.C. 289; and
25 5. A finding that the case is exceptional and an award of Emsons
26 attorneys fees and costs, pursuant to 35 U.S.C. 285.
27 B. For infringement of Emsons CAR CANE Design Trademark, CAR
28 CANE Trade Dress, PERSONAL PEDI Trademarks, and PERSONAL PEDI
- 43 -
1 Packaging Trade Dress, and for related unfair competition:

2 1. An Order adjudging Defendants to have willfully infringed the CAR
3 CANE Design Trademark, CAR CANE Trade Dress, and PERSONAL PEDI
4 Packaging Trade Dress, and willfully infringed and counterfeited the PERSONAL
5 PEDI Trademarks, under 15 U.S.C. 1114;
7 permanent injunctions pursuant to 15 U.S.C. 1116(a), enjoining Defendants and
8 their affiliates, partners, representatives, servants, employees, attorneys and all
9 persons in active concert, privity or participation with Defendants from
10 (a) importing, selling, offering for sale, distributing and/or distributing the
11 ETERNAL Auto Handle product, ETERNAL Pedicure Device product, and any
12 products that are not colorably different from that products, and from directly or
13 indirectly infringing the CAR CANE Design Trademark, CAR CANE Trade Dress,
14 and PERSONAL PEDI Packaging Trade Dress, and from counterfeiting and/or
15 directly or indirectly infringing the PERSONAL PEDI Trademarks, (b) using any
16 other false designation of origin or false description or representation or any other
17 thing calculated or likely to cause confusion or mistake in the mind of the trade or
18 public or to deceive the trade or public into believing that Defendants products or
19 activities are in any way sponsored, licensed, or authorized by or affiliated with or
20 in connection with Emson, (c) passing off, inducing or enabling others to sell or
21 pass off any products as products of Emson which products are not made or sold by
22 Emson, or belonging to Emson, or under the control, supervision or approval of
23 Emson, or for sale under the marks owned by Emson, or any other mark which so
24 resembles Emsons marks so as to be likely to cause confusion, deception or
25 mistake, and (d) transporting, moving, returning, or otherwise disposing of, in any
26 manner, any counterfeit products or any other products confusingly similar to
27 Emsons products, or that otherwise bear, contain, display or utilize any of Emsons
28 marks, any derivation or colorable imitation thereof or likely to detract from
- 44 -
1 Emsons mark;
2 3. That an accounting be ordered to determine Defendants profits
3 resulting from its trademark and trade dress infringement and unfair competition
4 and that Emson be awarded monetary relief in an amount to be fixed by the Court
5 as it finds just as an equitable remedy and as a remedy under 15 U.S.C. 1117,
6 including all profits received by Defendants from sales and revenues of any kind
7 made as a result of its infringing actions, said amount to be trebled; all damages
8 sustained by Emson as a result of Defendants acts of trademark and trade dress
9 infringement and unfair competition, and that such damages be trebled;
10 4. For Defendants counterfeiting of the PERSONAL PEDI Trademarks,
11 statutory damages in an amount not less than $500 or more than $100,000 per
12 counterfeit mark per type of goods sold, offered for sale, or distributed, as the Court
13 considers just; and because the counterfeiting is willful, not more than $1,000,000
14 per counterfeit mark per type of goods or services sold, offered for sale, or
15 distributed, as the Court considers just, pursuant to 15 U.S.C. 1117; and
16 5. An order that all infringing articles, packages, printed materials, and
17 all plates, molds, matrices, and other means of making the same, shall be delivered
18 up and destroyed, pursuant to 15 U.S.C. 1118.
19 C. For Defendants infringement of Emsons CAR CANE Packaging Work,
20 TACLIGHT Photos Work, PERSONAL PEDI Packaging Work, and GOTHAM
21 STEEL Image Works:
22 1. An Order adjudging Defendants to have willfully infringed CAR
23 CANE Packaging Work, TACLIGHT Photos Work, PERSONAL PEDI Packaging
24 Work, and GOTHAM STEEL Image Works pursuant to 17 U.S.C. 501;
26 permanent injunctions pursuant to 15 U.S.C. 502, enjoining Defendants and their
27 affiliates, partners, representatives, servants, employees, attorneys and all persons
28 in active concert, privity or participation with Defendants from (a) importing,
- 45 -
1 selling, offering for sale, distributing and/or distributing the infringing packaging of
2 the ETERNAL Auto Handle, ETERNAL Flashlight, ETERNAL Pedicure Device,
3 and ETERNAL Cookware, (b) from directly or indirectly infringing the CAR
4 CANE Packaging Work, TACLIGHT Photos Work, PERSONAL PEDI Packaging
5 Work, and GOTHAM STEEL Image Works, and (c) from using any artwork,
6 photographs, or other materials of Emson;
7 3. Ordering Defendants to account to Emson for all gains, profits, and
8 advantages derived by Defendants by their infringement of the CAR CANE
9 Packaging Work, TACLIGHT Photos Work, PERSONAL PEDI Packaging Work,
10 and GOTHAM STEEL Image Works or such damages as are proper, and since
11 Defendants intentionally infringed Emsons copyright, for the maximum allowable
12 statutory damages for each violation, pursuant to 15 U.S.C. 502;
13 4. An award of Plaintiffs actual and/or statutory damages for Defendants'
14 copyright infringement in an amount to be determined at trial, pursuant to 15
15 U.S.C. 502;
16 5. An Order that all infringing material be impounded and destroyed,
17 pursuant to 15 U.S.C. 503; and
18 6. An award of Emsons costs, reasonable attorneys' fees, and
19 disbursements in this action, pursuant to 17 U.S.C. 505.
20 E. Damages according to each and every cause of action alleged herein,
21 in the aggregate, for an award of damages against all Defendants and each of them
22 in an amount not less than Two Million Dollars exclusive of costs, attorneys' fees,
23 and disbursements.
24 F. That Emson be granted prejudgment and post judgment interest.
25 F. Such other and further relief as this Court may deem just and proper.
26 ///
27 ///
28 ///
- 46 -
1
Dated: September 22, 2017 Respectfully submitted,
2
3
John K. Rubiner - State Bar No. 155208
4 jrubiner@gerardfoxlaw.com
GERARD FOX LAW
5 1880 Century Park East Suite 1410
Los Angeles, CA 90067
6 Telephone: 310-441-0500
Facsimile: 310-441-4447
7
John Zaccaria (pro hac vice to be filed)
8 jzaccaria@notaromichalos.com
Bradley S. Corsello (pro hac vice to be filed)
9 bcorsello@notaromichalos.com
NOTARO MICHALOS & ZACCARIA PC
10 100 Dutch Hill Road
Orangeburg, NY 10962
11 Telephone: (845) 359-7700
Facsimile: (845) 359-7798
12
Attorneys for Plaintiff
13 E. MISHAN & SONS, INC.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 47 -
1
2 DEMAND FOR JURY TRIAL
3 Plaintiff hereby demands a trial by jury on all issues so triable.
4 Dated: September 22, 2017 Respectfully submitted,
5
6 John K. Rubiner - State Bar No. 155208
7 jrubiner@gerardfoxlaw.com
GERARD FOX LAW
8 1880 Century Park East Suite 1410
Los Angeles, CA 90067
9 Telephone: 310-441-0500
Facsimile: 310-441-4447
10 John Zaccaria (pro hac vice to be filed)
11 jzaccaria@notaromichalos.com
Bradley S. Corsello (pro hac vice to be filed)
12 bcorsello@notaromichalos.com
NOTARO MICHALOS & ZACCARIA PC
13 100 Dutch Hill Road
Orangeburg, NY 10962
14 Telephone: (845) 359-7700
Facsimile: (845) 359-7798
15 Attorneys for Plaintiff
16 E. MISHAN & SONS, INC.
17
18
19
20
21
22
23
24
25
26
27
28
- 48 -
Case 2:17-cv-07036-JAK-PLA Document 1-1 Filed 09/22/17 Page 1 of 8 Page ID #:49
EXHIBIT 1
EXHIBIT 2
EXHIBIT 3
EXHIBIT 4
ETERNAL Auto Handle Packaging

EXHIBIT 5
ETERNAL Auto Handle Product

EXHIBIT 6
EXHIBIT 7
EXHIBIT 8
EXHIBIT 9
ETERNAL Flashlight Packaging

EXHIBIT 10
EXHIBIT 11
Plaintiffs PERSONAL PEDI Trade Dress

EXHIBIT 12
EXHIBIT 13
Defendants PERSONAL PEDISMOOTH Trade Dress

EXHIBIT 14
A: GOTHAM STEEL Pan with Rustic Breakfast

B: GOTHAM STEEL Pan with Salmon

C: GOTHAM STEEL Pan with Potatoes

D: GOTHAM STEEL Pan with Eggs

E: GOTHAM STEEL 10-Piece Set Arrangement

F: GOTHAM STEEL 10-Piece Set on Shelves

G: GOTHAM STEEL 10-Piece Set on Table

H: GOTHAM STEEL Crisper Tray with Fries

Case 2:17-cv-07036-JAK-PLA Document 1-14 Filed 09/22/17 Page 10 of 10 Page ID
#:120
I: GOTHAM STEEL Crisper Tray with Chicken

EXHIBIT 15
Registration #: *-APPLICATION-*
Service Request #: 1-5814346651
Mail Certificate
Notaro, Michalos & Zaccaria P.C.

John Zaccaria
100 Dutch Hill Road, Suite 240
Orangeburg, NY 10962 United States
Priority: Special Handling Application Date: September 14, 2017

Note to C.O.: Publication on or before June 24, 2016
Correspondent
Organization Name: Notaro, Michalos & Zaccaria P.C.

Name: Bradley Corsello
Email: bradley.corsello@notaromichalos.com
Telephone: (845)359-7700
Address: 100 Dutch Hill Road, Suite 240
Registration Number
*-APPLICATION-*
Title
Title of Work: GOTHAM STEEL Pan with Rustic Breakfast
Completion/Publication
Year of Completion: 2016
Date of 1st Publication: June 24, 2016
Nation of 1st Publication: United States
Author
Author: E. Mishan & Sons, Inc.

Author Created: photograph
Work made for hire: Yes
Domiciled in: United States
Copyright Claimant
Copyright Claimant: E. Mishan & Sons, Inc.

230 Fifth Avenue, Suite 240, New York, NY, 10001
1
Limitation of copyright claim
Material excluded from this claim: Preexisting stock photographs
New material included in claim: Selection and arrangement of preexisting stock photographs with new
photograph added
1
Rights and Permissions

Name: John Zaccaria
Email: jzaccaria@notaromichalos.com
Telephone: (845)359-7700
Alt. Telephone: (212)278-8600
Certification
Page 1 of 2
Name: John Zaccaria

Date: September 14, 2017
Applicant's Tracking Number: J137-3327
Pending
Page 2 of 2
Mail Certificate

John Zaccaria
Priority: Routine Application Date: September 14, 2017

Note to C.O.: Publication on or before December 12, 2015
Correspondent

Telephone: (845)359-7700
Registration Number
*-APPLICATION-*
Title
Title of Work: GOTHAM STEEL Pan with Salmon
Date of 1st Publication: December 12, 2015
Author
Author: Cole Media Group, Inc.

Copyright Claimant

Transfer statement: By written agreement
0
1

Name: John Zaccaria
Telephone: (845)359-7700
Certification
Name: John Zaccaria

Page 1 of 2

Pending
Page 2 of 2
Mail Certificate

John Zaccaria

Correspondent

Telephone: (845)359-7700
Registration Number
*-APPLICATION-*
Title
Title of Work: GOTHAM STEEL Pan with Potatoes
Author

Copyright Claimant

1
photograph added
1

Name: John Zaccaria
Telephone: (845)359-7700
Certification
Page 1 of 2
#:130
Name: John Zaccaria

Pending
Page 2 of 2
#:131
Mail Certificate

John Zaccaria

Correspondent

Telephone: (845)359-7700
#:132
Registration Number
*-APPLICATION-*
Title
Title of Work: GOTHAM STEEL Pan with Eggs
Author

Copyright Claimant

1
photograph added
1

Name: John Zaccaria
Telephone: (845)359-7700
Certification
Page 1 of 2
#:133
Name: John Zaccaria

Pending
Page 2 of 2
#:134
Mail Certificate

John Zaccaria

Note to C.O.: Publication on or before April 1, 2016
Correspondent

Telephone: (845)359-7700
#:135
Registration Number
*-APPLICATION-*
Title
Title of Work: GOTHAM STEEL 10-Piece Set Arrangement
Date of 1st Publication: April 01, 2016
Author

Copyright Claimant

0
1

Name: John Zaccaria
Telephone: (845)359-7700
Certification
Name: John Zaccaria

Page 1 of 2
#:136
Mail Certificate

John Zaccaria

Correspondent

Telephone: (845)359-7700
#:137
Registration Number
*-APPLICATION-*
Title
Title of Work: GOTHAM STEEL 10-Piece Set on Shelves
Author

Copyright Claimant

1
photograph added
1

Name: John Zaccaria
Telephone: (845)359-7700
Certification
Page 1 of 2
#:138
Name: John Zaccaria

Pending
Page 2 of 2
#:139
Mail Certificate

John Zaccaria

Correspondent

Telephone: (845)359-7700
#:140
Registration Number
*-APPLICATION-*
Title
Title of Work: GOTHAM STEEL 10-Piece Set on Table
Author

Copyright Claimant

1
photograph added
1

Name: John Zaccaria
Telephone: (845)359-7700
Certification
Page 1 of 2
#:141
Name: John Zaccaria

Pending
Page 2 of 2
#:142
Mail Certificate

John Zaccaria

Note to C.O.: Publication on or before November 1, 2016
Correspondent

Telephone: (845)359-7700
#:143
Registration Number
*-APPLICATION-*
Title
Title of Work: GOTHAM STEEL Crisper Tray with Fries
Date of 1st Publication: November 01, 2016
Author

Copyright Claimant

1
photograph added
1

Name: John Zaccaria
Telephone: (845)359-7700
Certification
Page 1 of 2
#:144
Name: John Zaccaria

Pending
Page 2 of 2
#:145
Mail Certificate

John Zaccaria

Note to C.O.: Publication on or before November 1, 2016
Correspondent

Telephone: (845)359-7700
#:146
Registration Number
*-APPLICATION-*
Title
Title of Work: GOTHAM STEEL Crisper Tray with Chicken
Date of 1st Publication: November 01, 2016
Author

Copyright Claimant

1
photograph added
1

Name: John Zaccaria
Telephone: (845)359-7700
Certification
Page 1 of 2
#:147
Name: John Zaccaria

Pending
Page 2 of 2
EXHIBIT 16
EXHIBIT 17
ETERNAL 11-In Pan

EXHIBIT 18
ETERNAL 12.5-Inch Pan

EXHIBIT 19
ETERNAL 10-Piece Set

EXHIBIT 20
ETERNAL Copper Crisper Tray

EXHIBIT 21
9/5/2017 Case 11 COPPER
2:17-cv-07036-JAK-PLA Document 1-21 PAN PGM
Filed GROUP
09/22/17 Page 2 of 5 Page ID #:162
Home Products Services Contact
11 COPPER PAN Home / Kitchen / 11 COPPER PAN
11 COPPER PAN
Saute, fry, broil, and bake

with one pan. The Copper
Pan is lined with a ceramic
coating to make sure you
use little-to-no oils, butter,
or fats for healthy stick-
free cooking.
SKU: PG93802
Category: Kitchen
Tags: Cooking, Copper
Line, Like on TV
Description
Additional Information Product Description
Stove-Top & Oven Use: Electric, Gas, Ceramic, Induction

PFOA/PTFE Free
No Oil or Butter Needed!!!
Fast/Even Heating
Ceramic infused copper fry pan
Can be used for:
-Saute
Broil
http://www.pgmgroupusa.com/product/11-copper-pan/ 1/3
Filed GROUP
09/22/17 Page 3 of 5 Page ID #:163
11 COPPER PAN

free cooking.
SKU: PG93802
Category: Kitchen
Line, Like on TV
Description

PFOA/PTFE Free
Fast/Even Heating
Can be used for:
-Saute
Broil
Filed GROUP
09/22/17 Page 4 of 5 Page ID #:164
11 COPPER PAN

free cooking.
SKU: PG93802
Category: Kitchen
Line, Like on TV
Description

PFOA/PTFE Free
Fast/Even Heating
Can be used for:
-Saute
Broil
Filed GROUP
09/22/17 Page 5 of 5 Page ID #:165
11 COPPER PAN

free cooking.
SKU: PG93802
Category: Kitchen
Line, Like on TV
Description

PFOA/PTFE Free
Fast/Even Heating
Can be used for:
-Saute
Broil
Fry
Braise
EXHIBIT 22
9/5/2017 Case 12.5 COPPER
Filed GROUP
09/22/17 Page 2 of 5 Page ID #:167
12.5 COPPER PAN Home / Kitchen / 12.5 COPPER PAN
12.5 COPPER PAN

free cooking.
SKU: PG93803
Category: Kitchen
Line, Like on TV
Description

PFOA/PTFE Free
Fast/Even Heating
Can be used for:
-Saute
Broil
Fry
Braise
http://www.pgmgroupusa.com/product/12-5-copper-pan/ 1/3
Filed GROUP
09/22/17 Page 3 of 5 Page ID #:168
12.5 COPPER PAN

free cooking.
SKU: PG93803
Category: Kitchen
Line, Like on TV
Description

PFOA/PTFE Free
Fast/Even Heating
Can be used for:
-Saute
Broil
Fry
Braise
Filed GROUP
09/22/17 Page 4 of 5 Page ID #:169
12.5 COPPER PAN

free cooking.
SKU: PG93803
Category: Kitchen
Line, Like on TV
Description

PFOA/PTFE Free
Fast/Even Heating
Can be used for:
-Saute
Broil
Fry
Braise
Filed GROUP
09/22/17 Page 5 of 5 Page ID #:170
12.5 COPPER PAN

free cooking.
SKU: PG93803
Category: Kitchen
Line, Like on TV
Description

PFOA/PTFE Free
Fast/Even Heating
Can be used for:
-Saute
Broil
Fry
Braise
EXHIBIT 23
9/5/2017 Case 10PC COOKWARE
2:17-cv-07036-JAK-PLA Document SET PGM
1-23 Filed GROUP Page 2 of 4 Page ID #:172
09/22/17
10PC COOKWARE SET Home / Kitchen / 10PC COOKWARE SET
10PC COOKWARE
SET
This non-stick cookware

makes cooking and clean-
up a cinch! Featuring non-
stick, easy-clean
properties.
Stainless steel induction

bottom
Saut, broil, fry, braise,

and bake food
Compatible with gas,
electric, ceramic, and
induction cooktops
Oven-safe up to 550F
Set includes:
1.5 quart saucepan

with lid
2.5 quart saucepan
with lid
5 quart dutch oven
with lid
8.5 frying pan
10.25 frying pan
with lid
Steamer insert for
dutch oven
Ceramic-infused copper
PFOA and PTFE free
http://www.pgmgroupusa.com/product/10pc-cookware-set/ 1/4
2:17-cv-07036-JAK-PLA Document SET PGM
1-23 Filed GROUP Page 3 of 4 Page ID #:173
09/22/17
10PC COOKWARE
SET

stick, easy-clean
properties.

bottom

and bake food
induction cooktops
Set includes:
1.5 quart saucepan

with lid
2.5 quart saucepan
with lid
5 quart dutch oven
with lid
8.5 frying pan
10.25 frying pan
with lid
Steamer insert for
dutch oven
PFOA and PTFE free
2:17-cv-07036-JAK-PLA Document SET 09/22/17
1-23 Filed PGM GROUP Page 4 of 4 Page ID #:174
10PC COOKWARE
SET

stick, easy-clean
properties.

bottom

and bake food
induction cooktops
Set includes:
1.5 quart saucepan

with lid
2.5 quart saucepan
with lid
5 quart dutch oven
with lid
8.5 frying pan
10.25 frying pan
with lid
Steamer insert for
dutch oven
PFOA and PTFE free
EXHIBIT 24
9/5/2017 Case Copper
2:17-cv-07036-JAK-PLA Document CrisperFiled
1-24 PGM09/22/17
GROUP Page 2 of 4 Page ID #:176
Copper Crisper Home / Kitchen / Copper Crisper
Copper Crisper
Ceramic Coated Nonstick

Basket Allows Air to
Circulate Around Food
SKU: PG93792
Category: Kitchen
Line, Like on TV
Description
Product Description
Copper Crisper Tray
Turn your oven into an air fryer
Heat circulates around food
No oil or butter needed
No turning and no burning
Less fat & calories

http://www.pgmgroupusa.com/product/copper-crisper/ 1/3
2:17-cv-07036-JAK-PLA Document CrisperFiled
1-24 PGM09/22/17
GROUP Page 3 of 4 Page ID #:177
Copper Crisper

SKU: PG93792
Category: Kitchen
Line, Like on TV
Description
Product Description
Copper Crisper Tray
No turning and no burning
Less fat & calories

2:17-cv-07036-JAK-PLA Document 1-24Crisper PGM09/22/17
Filed GROUP Page 4 of 4 Page ID #:178
Copper Crisper

SKU: PG93792
Category: Kitchen
Line, Like on TV
Description
Product Description
Copper Crisper Tray

E. Mishan &amp; Sons v. PGM Group - Complaint

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E. Mishan &amp; Sons v. PGM Group - Complaint

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Case 2:17-cv-07036-JAK-PLA Document 1 Filed 09/22/17 Page 1 of 48 Page ID #:1

1 John K. Rubiner - State Bar No. 155208

1 JURISDICTION AND VENUE

1 27. True and correct photographs of PGMs ETERNAL Auto Handle

1 https://www.carcane.com/, inter alia. The similarity is so exact as to preclude any

1 49. Defendants have and had no license or authorization from Emson to

1 140. Exhibit 22 is a true and correct copy of captures of PGMs webpage

1 147. The packaging of the ETERNAL Cookware infringes Emsons

1 161. Pursuant to 35 U.S.C. 284, Emson is entitled to damages for

1 170. Defendants use of the infringing design is without Emsons consent in

1 Emsons patent rights. Defendants knew, or it was so obvious that Defendants

1 211. Pursuant to 15 U.S.C. 1117, Emson is entitled to Defendants profits,

1 cause mistake, or to deceive as to the affiliation, connection, or association of

1 Work by creating, making and/or developing directly infringing and/or derivative

1 237. Pursuant to 35 U.S.C. 285, Emson is entitled to reasonable attorneys

1 illegal reproduction and/or subsequent sales of product featuring the TACLIGHT

1 and/or selling the ETERNAL Cookware in packaging which infringes the

1 PRAYER FOR RELIEF

1 Packaging Trade Dress, and for related unfair competition:

ETERNAL Auto Handle Packaging

ETERNAL Auto Handle Product

ETERNAL Flashlight Packaging

Plaintiffs PERSONAL PEDI Trade Dress

Defendants PERSONAL PEDISMOOTH Trade Dress

A: GOTHAM STEEL Pan with Rustic Breakfast

B: GOTHAM STEEL Pan with Salmon

C: GOTHAM STEEL Pan with Potatoes

D: GOTHAM STEEL Pan with Eggs

E: GOTHAM STEEL 10-Piece Set Arrangement

F: GOTHAM STEEL 10-Piece Set on Shelves

G: GOTHAM STEEL 10-Piece Set on Table

H: GOTHAM STEEL Crisper Tray with Fries

I: GOTHAM STEEL Crisper Tray with Chicken

Notaro, Michalos & Zaccaria P.C.

Priority: Special Handling Application Date: September 14, 2017

Organization Name: Notaro, Michalos & Zaccaria P.C.

Author: E. Mishan & Sons, Inc.

Copyright Claimant: E. Mishan & Sons, Inc.

Material excluded from this claim: Preexisting stock photographs

Organization Name: Notaro, Michalos & Zaccaria P.C.

Name: John Zaccaria

Notaro, Michalos & Zaccaria P.C.

Priority: Routine Application Date: September 14, 2017

Organization Name: Notaro, Michalos & Zaccaria P.C.

Author: Cole Media Group, Inc.

Copyright Claimant: E. Mishan & Sons, Inc.

Organization Name: Notaro, Michalos & Zaccaria P.C.

Name: John Zaccaria

Applicant's Tracking Number: J137-3328

Notaro, Michalos & Zaccaria P.C.

Priority: Routine Application Date: September 14, 2017

Organization Name: Notaro, Michalos & Zaccaria P.C.

Author: E. Mishan & Sons, Inc.

Copyright Claimant: E. Mishan & Sons, Inc.

Material excluded from this claim: Preexisting stock photographs

Organization Name: Notaro, Michalos & Zaccaria P.C.

Name: John Zaccaria

Notaro, Michalos & Zaccaria P.C.

Priority: Routine Application Date: September 14, 2017

Organization Name: Notaro, Michalos & Zaccaria P.C.

Author: E. Mishan & Sons, Inc.

Copyright Claimant: E. Mishan & Sons, Inc.

Material excluded from this claim: Preexisting stock photographs

Organization Name: Notaro, Michalos & Zaccaria P.C.

E. Mishan & Sons v. PGM Group - Complaint

E. Mishan & Sons v. PGM Group - Complaint