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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`Civil Action No. 1:21-cv-5712
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`Judge Andrea R. Wood
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`Case: 1:21-cv-05712 Document #: 86 Filed: 04/22/22 Page 1 of 10 PageID #:5755
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`AVUS DESIGN, INC.,
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`Plaintiff,
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`v.
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`THE ENTITIES AND INDIVIDUALS
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`IDENTIFIED IN ANNEX A,
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`Defendants.
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`__________________________________________)
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`Defendant Kno White (“Kno White”) severing itself from all other
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`defendants, answers the complaint (“Complaint”) of plaintiff Avus Design, Inc.
`(“Plaintiff”) as follows:
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`NATURE OF THE ACTION
`1. Kno White admits that the Complaint purports to state causes of
`action for trademark infringement and counterfeiting, false designation of origin,
`unfair competition, and design patent infringement (which cause of action has been
`dismissed). Except as expressly admitted, Kno White denies the allegations of
`paragraph 1 of the Complaint.
`2. Kno White denies the allegations of paragraph 2 of the Complaint.
`JURISDICTION AND VENUE
`3. Kno White does not dispute that the Court has subject matter
`jurisdiction.
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`1
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`Case: 1:21-cv-05712 Document #: 86 Filed: 04/22/22 Page 2 of 10 PageID #:5756
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`4. Kno White admits that it sells products on Amazon and accepts US
`Dollars in connection with such sales. Except as expressly admitted, Kno White
`denies the allegations of paragraph 4 of the Complaint.
`5. Kno White does not dispute that venue is proper in this judicial
`district. Except as expressly admitted, Kno White denies the allegations of
`paragraph 5 of the Complaint.
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`PARTIES
`6. Kno White is informed and believes and on that basis alleges that the
`allegations of paragraph 6 of the Complaint are true.
`7. Kno White lacks information or knowledge sufficient to form a belief
`as to the truth of the allegations of paragraph 7 of the Complaint, and therefore
`denies those allegations.
`8. Kno White lacks information or knowledge sufficient to form a belief
`as to the truth of the allegations of paragraph 8 of the Complaint, and therefore
`denies those allegations.
`9. Kno White lacks information or knowledge sufficient to form a belief
`as to the truth of the allegations of paragraph 9 of the Complaint, and therefore
`denies those allegations.
`10. Kno White is informed and believes and on that basis alleges that the
`allegations of paragraph 10 of the Complaint are true.
`11. Missing.
`12. Kno White lacks information or knowledge sufficient to form a belief
`as to the truth of the allegations of paragraph 12 of the Complaint, and therefore
`denies those allegations.
`13. Kno White is informed and believes and on that basis alleges that the
`allegations of paragraph 13 of the Complaint are true.
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`2
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`Case: 1:21-cv-05712 Document #: 86 Filed: 04/22/22 Page 3 of 10 PageID #:5757
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`14. Kno White is informed and believes and on that basis alleges that the
`allegations of paragraph 14 of the Complaint are true.
`15. Plaintiff’s purported cause of action for design patent infringement
`has been dismissed.
`16. Plaintiff’s purported cause of action for design patent infringement
`has been dismissed.
`17. Plaintiff’s purported cause of action for design patent infringement
`has been dismissed.
`18. Kno White lacks information or knowledge sufficient to form a belief
`as to the truth of the allegations of paragraph 18 of the Complaint, and therefore
`denies those allegations.
`19. Kno White lacks information or knowledge sufficient to form a belief
`as to the truth of the allegations of paragraph 19 of the Complaint, and therefore
`denies those allegations.
`20. Kno White denies the allegations of paragraph 20 of the Complaint
`that are directed at it.
`19. This paragraph of the Complaint has been mis-numbered. Kno White
`denies the allegations of second paragraph 19 of the Complaint that are directed at
`it.
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`20. This paragraph of the Complaint has been mis-numbered. Kno White
`denies the allegations of second paragraph 20 of the Complaint that are directed at
`it.
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`21. This paragraph of the Complaint has been mis-numbered. Kno White
`denies the allegations of second paragraph 21 of the Complaint that are directed at
`it.
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`3
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`Case: 1:21-cv-05712 Document #: 86 Filed: 04/22/22 Page 4 of 10 PageID #:5758
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`DEFENDANTS’ ALLEGED UNLAWFUL CONDUCT
`22. Kno White denies the allegations of paragraph 22 of the Complaint
`that are directed at it.
`23. Kno White denies the allegations of paragraph 23 of the Complaint
`that are directed at it.
`24. Kno White denies the allegations of paragraph 24 of the Complaint
`that are directed at it.
`25. Kno White denies the allegations of paragraph 25 of the Complaint
`that are directed at it.
`26. Kno White denies the allegations of paragraph 26 of the Complaint
`that are directed at it.
`27. Kno White denies the allegations of paragraph 27 of the Complaint
`that are directed at it.
`COUNT I (ERRONEOUSLY DESCRIBED AS COUNT II)
`28. Kno White restates and incorporates by reference its responses to
`paragraphs 1 through 27, inclusive, of the Complaint as though set forth in full.
`29. Kno White admits that Section 32 of the Lanham Act, 15 U.S.C. §
`1114(1(a) provides as stated in paragraph 29 of the Complaint.
`30. Kno White denies the allegations of paragraph 30 of the Complaint
`that are directed at it.
`31. Kno White denies the allegations of paragraph 31 of the Complaint
`that are directed at it.
`32. Kno White denies the allegations of paragraph 32 of the Complaint
`that are directed at it.
`33. Kno White denies the allegations of paragraph 33 of the Complaint
`that are directed at it.
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`4
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`Case: 1:21-cv-05712 Document #: 86 Filed: 04/22/22 Page 5 of 10 PageID #:5759
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`34. Kno White denies the allegations of paragraph 34 of the Complaint
`that are directed at it.
`COUNT II (ERRONEOUSLY DESCRIBED AS COUNT III)
`35. Kno White restates and incorporates by reference its responses to
`paragraphs 1 through 34, inclusive, of the Complaint as though set forth in full.
`36. Kno White admits that Section 43(a) of the Lanham Act, 15 U.S.C. §
`1125(a) provides as stated in paragraph 36 of the Complaint.
`37. Kno White denies the allegations of paragraph 37 of the Complaint
`that are directed at it.
`38. Kno White denies the allegations of paragraph 38 of the Complaint
`that are directed at it.
`39. Kno White denies the allegations of paragraph 39 of the Complaint
`that are directed at it.
`40. Kno White denies the allegations of paragraph 40 of the Complaint
`that are directed at it.
`41. Kno White denies the allegations of paragraph 41 of the Complaint
`that are directed at it.
`42. Kno White denies the allegations of paragraph 43 of the Complaint
`that are directed at it.
`COUNT III (ERRONEOUSLY DESCRIBED AS COUNT I)
`[DISMISSED]
`AFFIRMATIVE DEFENSES
`Without assuming the burden of proof where it otherwise lies with Plaintiff,
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`Kno White alleges the following separate and distinct affirmative defenses to the
`Complaint:
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`5
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`Case: 1:21-cv-05712 Document #: 86 Filed: 04/22/22 Page 6 of 10 PageID #:5760
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`First Affirmative Defense
`(Failure to State a Claim)
`44. The Complaint, and each and every purported cause of action alleged
`therein, fails to state facts sufficient to state a cause of action against Kno White.
`Second Affirmative Defense
`(Estoppel)
`45. The Complaint, and each and every purported cause of action alleged
`therein, is barred by the doctrine of estoppel.
`Third Affirmative Defense
`(Laches)
`46. The Complaint, and each and every purported cause of action alleged
`therein, is barred by the doctrine of laches.
`Fourth Affirmative Defense
`(No Damages or Profits)
`47. Plaintiff’s claims for damages are barred because Plaintiff did not
`suffer any damages and Kno White did not earn any profits as a result of the
`actions of Kno White alleged in the Complaint.
`Fifth Affirmative Defense
`(Uncertainty/Ambiguity)
`48. The Complaint, and each and every purported claim for relief alleged
`therein, is barred because each purported cause of action in the Complaint is
`uncertain, ambiguous, and unintelligible, or otherwise inadequate or incomplete.
`Sixth Affirmative Defense
`(Unjust Enrichment)
`49. Plaintiff would be unjustly enriched if allowed to recover to the extent
`requested in the Complaint.
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`6
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`Case: 1:21-cv-05712 Document #: 86 Filed: 04/22/22 Page 7 of 10 PageID #:5761
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`Seventh Affirmative Defense
`(Unclean Hands)
`50. The Complaint, and each and every purported cause of action alleged
`therein, is barred by Plaintiff’s unclean hands.
`Eighth Affirmative Defense
`(Inequitable Conduct)
`51. The Complaint, and each and every purported cause of action alleged
`therein, is barred because of inequitable conduct by Plaintiff.
`Ninth Affirmative Defense
`(Fair Use/Nominative Fair Use)
`52. The Complaint, and each and every purported cause of action alleged
`therein, is barred by the doctrines of fair use and/or nominative fair use.
`Tenth Affirmative Defense
`(No Trademark Use)
`53. The Complaint, and every purported cause of action alleged therein, is
`barred because Kno White does not use the terms at issue as trademarks.
`Eleventh Affirmative Defense
`(No Claim For Enhanced Damages)
`54. Plaintiff’s purported claims for enhanced damages are barred because
`Plaintiff has failed to allege facts sufficient to state a cause of action upon which
`enhanced damages could be awarded against Kno White.
`Twelfth Affirmative Defense
`(No Personal Jurisdiction)
`55. The Complaint, and each and every purported cause of action alleged
`therein, is barred because Kno White is not subject to personal jurisdiction in the
`State of Illinois.
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`7
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`Case: 1:21-cv-05712 Document #: 86 Filed: 04/22/22 Page 8 of 10 PageID #:5762
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`Thirteenth Affirmative Defense
`(Improper Venue)
`56. The Complaint, and each and every purported cause of action alleged
`therein, is barred because venue is not proper in this judicial district.
`Fourteenth Affirmative Defense
`(Other Defenses)
`57. The Complaint does not describe the events and claims therein alleged
`with sufficient particularity to enable Kno White to determine if additional
`defenses may exist to Plaintiff’s purported causes of action. Kno White, therefore,
`reserves the right to assert all defenses that may pertain to the Complaint once the
`precise nature of Plaintiff’s allegations has been ascertained.
`Fifteenth Affirmative Defense
`(Further Investigation and Discovery)
`58. Kno White reserves the right to raise such other and additional
`affirmative defenses as may be appropriate upon further investigation and
`discovery in this matter.
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`PRAYER FOR RELIEF
`WHEREFORE, Kno White prays for relief against Plaintiff on the
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`Complaint as follows:
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`1.
`That Plaintiff take nothing by the Complaint.
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`2.
`That judgment be awarded in favor of Kno White and against
`Plaintiff on the Complaint.
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`3.
`For an award of attorneys’ fees and litigation expenses to the
`maximum extent allowed by law.
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`4.
`For costs of suit incurred herein.
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`/././
`/././
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`Case: 1:21-cv-05712 Document #: 86 Filed: 04/22/22 Page 9 of 10 PageID #:5763
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`5.
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`For such other and further relief as the court may deem just and
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`proper.
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`Respectfully submitted April 22, 2022
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` By: /s/ Gregory P. Goonan
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`Gregory P. Goonan
`Admitted Pro Hac Vice
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`Email: ggoonan@affinity-law.com
`THE AFFINITY LAW GROUP
`5230 Carroll Canyon Road, Suite 230
`San Diego, CA 92121
`Tel: 858-412-4296
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`David M. Zinder
`LAW OFFICES OF DAVID M. ZINDER
`Suite 105
`40 Skokie Boulevard
`Northbrook, Illinois 60062
`Tel: (224) 330-1712
`Email: dzinder@dmzlaw.com
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`Attorneys for Defendants
`BSCStore, Know White and Kno White
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`9
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`Case: 1:21-cv-05712 Document #: 86 Filed: 04/22/22 Page 10 of 10 PageID #:5764
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`DEMAND FOR JURY TRIAL
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`Defendant Kno White hereby demands a jury trial in this matter.
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`Respectfully submitted April 22, 2022
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` By: /s/ Gregory P. Goonan
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`Gregory P. Goonan
`Admitted Pro Hac Vice
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`Email: ggoonan@affinity-law.com
`THE AFFINITY LAW GROUP
`5230 Carroll Canyon Road, Suite 230
`San Diego, CA 92121
`Tel: 858-412-4296
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`David M. Zinder
`LAW OFFICES OF DAVID M. ZINDER
`Suite 105
`40 Skokie Boulevard
`Northbrook, Illinois 60062
`Tel: (224) 330-1712
`Email: dzinder@dmzlaw.com
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`Attorneys for Defendants
`BSCStore, Know White and Kno White
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`10
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