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JPT Group, LLC (“Plaintiff” or “JPT”), for its complaint of patent infringement against
1. The Bernardo brand has inspired the women’s U.S. footwear market with its sophisticated
designs since 1946. Bernardo’s designs are the result of significant investments in design work,
product development and marketing. One such design is shown by Bernardo’s long-selling Mojo
sandals. The Mojo’s design is protected by U.S. Patent Nos. D581,149 and D577,182, issued to
2. Sugartown designs and distributes apparel and accessories for women, children and men,
including footwear under the Lilly Pulitzer brand. Rather than undertaking its own independent
design and development, Sugartown misappropriated Bernardo’s patented Mojo designs and
commercialized infringing products throughout the United States, Texas and this District.
Case 4:19-cv-02043 Document 1 Filed on 06/06/19 in TXSD Page 2 of 6
THE PARTIES
3. JPT owns the Bernardo brand. JPT is a Delaware limited liability company having a
registered place of business in Texas at 5001 Spring Valley Road, Suite 600W in Dallas, Texas
75244.
existing in Delaware having a registered place of business in Texas at 1999 Bryan St., Ste. 900,
Dallas, Texas 75201. Sugartown regularly conducts and transacts business from established places
of business in the South District of Texas, itself and/or though one or more subsidiaries, affiliates,
business units and has committed acts of infringement, within the meaning of 28 U.S.C. § 1400(b).
5. This action arises under the patent statutes of the United States, 35 U.S.C. § 271 et seq.
Accordingly, the Court has federal question jurisdiction over this matter under 28 U.S.C. §§ 1331
and 1338(a).
6. The court has personal jurisdiction over Sugartown because it has conducted and does
conduct business within the State of Texas through multiple sales channels located within the State
7. Upon information and belief, Sugartown has existing business relationships in this District
and has purposefully directed business activities to consumers in Texas and this District through
its website, department stores and one or more wholly owned retail stores.
8. Upon information and belief, Sugartown has committed and continues to commit acts of
infringement in violation of 35 U.S.C. § 271 and has and continues to purposefully place infringing
products into the stream of commerce. Upon information and belief, Sugartown, either directly or
through distributors, franchisees, agents and/or others, ship, distribute, offer for sale, sell and
2
Case 4:19-cv-02043 Document 1 Filed on 06/06/19 in TXSD Page 3 of 6
market products in the United States, the State of Texas and this District. Upon information and
belief, Sugartown expects its actions to have consequences within this District and derives
substantial revenue from the sale of infringing products in interstate commerce and this District.
The acts by Sugartown have caused and continue to cause injury to JPT within this District.
9. Venue is properly within this District in accordance with 28 U.S.C. § 1391 (b) and (c) and
§ 1400 (b).
10. On November 25, 2008, United States Patent No. D581,149 (the “‘D149 Patent”) entitled
Sandal was duly and legally issued to Bernardo Footwear, LLC of Houston, Texas. A copy of the
11. On September 23, 2008, United States Patent No. D577,182 (the “‘D182 Patent”) entitled
Sandal was duly and legally issued to Bernardo Footwear, LLC of Houston, Texas. A copy of the
12. These patents relate to the ornamental designs of a sandal claimed in the ‘D149 Patent and
‘D182 Patent, which are embodied by Bernardo’s commercially successful Mojo sandals as noted
above.
13. JPT owns all right, title and interest in and to the Mojo Patents by assignment from
14. JPT currently sells the Mojo sandal under the Bernardo brand.
misappropriated JPT’s patented ornamental sandal designs in their studded thong sandal line of
sandals, including at least the Moira as depicted below (collectively, the “Accused Products”).
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Case 4:19-cv-02043 Document 1 Filed on 06/06/19 in TXSD Page 4 of 6
https://shop.nordstrom.com/s/lilly-pulitzer-moira-sandal-women/5…=g&gclid=EAIaIQobChMIzLz8scrk4QIVyLbACh1cRQIEEAQYASABEgJw4_D_BwE
pearly beads, shiny studs and golden scallops outlining the footbed.
The world is your oyster in this slingback thong-strap sandal with
$157.95
LILLY PULITZER®
Moira Sandal
16. On information and belief, Sugartown imported and continues to import the Accused
Zip code
M (Medium)
Size
1
Add to Bag
Free Shipping
Products into the U.S., Texas and this District.
17. On information and belief, Sugartown displayed or caused to be displayed and continues
Check Locations
$78.95 $47.37
Lilly Pulitzer®
4/22/19, 4(08 PM
Bos. & Co.
Similar
Splendid
$147.95
styles
$77.95
$77.95
New!
Size guides
Nina
to display the Accused Products in sales outlets and distribution channels throughout the U.S.,
Page 1 of 3
18. On further information and belief, Sugartown sold significant volumes of the Accused
Products through sales outlets and distribution channels throughout the U.S., Texas and this
District.
-2- CONFIDENTIAL
19. JPT’s Mojo sandals include a notice that they are covered by the Mojo Patents. On
information and belief, Sugartown had notice of the Mojo Patents through at least JPT’s statutory
product marking, JPT’s enforcement of the Mojo Patents, Sugartown’s product design process,
and/or any monitoring of third-party intellectual property rights by Sugartown in connection with
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Case 4:19-cv-02043 Document 1 Filed on 06/06/19 in TXSD Page 5 of 6
PATENT INFRINGEMENT
20. JPT incorporates herein the allegations set forth in Paragraphs 1 through 19 above.
21. Under 35 U.S.C. §§ 271 et seq., Sugartown infringed the Mojo Patents by the sale, offer
for sale, and importation of the Accused Products or alternatively by contributing or inducing
others to sell, offer for sale, or import the Accused Products, literally and/or under the doctrine of
equivalents.
22. Upon information and belief, Sugartown applied the design of the Mojo Patents, or a
colorable imitation thereof, to the Accused Products for the purpose of sale, and/or selling or
23. On information and belief, Sugartown will continue to infringe the claims of the Mojo
24. JPT has been damaged and will continue to be damaged by Sugartown’s infringing acts.
25. On information and belief, Sugartown was actually aware of the Mojo Patents and willfully
JURY DEMAND
(b) award damages for Sugartown’s infringement of the Mojo Patents under 35
U.S.C. § 284 or § 289;
(c) in the event JPT elects to collect damages under 35 U.S.C. § 284, find that
Sugartown’s infringement has been willful and increase such damages to
three times the awarded amount;
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Case 4:19-cv-02043 Document 1 Filed on 06/06/19 in TXSD Page 6 of 6
(e) find that this case is an exceptional case under 35 U.S.C. § 285 and award
attorneys’ fees;
Respectfully submitted,
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Exhibit!A!
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Exhibit!B!
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USO0D581149S
FIG. 7