Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA615455
`ESTTA Tracking number:
`07/14/2014
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91216661
`Plaintiff
`Irish Distillers Limited
`Mary Sotis
`Frankfurt Kurnit Klein & Selz PC
`488 Madison Avenue
`New York, NY 10022
`UNITED STATES
`pto@fkks.com
`Motion to Suspend for Civil Action
`Mary Sotis
`pto@fkks.com
`/Mary Sotis/
`07/14/2014
`FGKSLIB1-#518749-v1-Motion_for_TTAB_Suspension.pdf(590855 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`IN THE UNITED STATES PATENT AND 'I'I{Al)EMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Applicant
`
`Trademark
`
`Serial No.
`
`Filed
`
`Published
`
`Class
`
`:
`
`:
`
`:
`
`:
`
`1
`
`:
`
`Madison Vineyard Holdings, LLC
`
`J AMBESON RANCH VI'Nl'~IYA_Ri)S
`
`85.r’853.?88
`
`February 15, 2(}|3
`
`December 3, 2013
`
`033
`
`LRISI--I DISTILLERS LIM.}'l‘l~1I)_.
`
`Opposer,
`
`-v-
`
`MADISON VINEYARIJ HOLDINGS. LLC,
`
`Applicom.
`
`Opposition No. 9121666]
`
`STIPULATED MOTION FOR SUSPENSION
`
`Pursuant to 37 C.F.R. § 2. I l7{a). lrish Distillers Lin1ited{“(}pposer”)hereby
`
`moves for an order suspending the opposition in the above-captioned proceeding.
`
`The parties to this proceeding are involved in a civil action, Madison Vineyards
`
`Holdings, l.l..C v. lrésh Distillers Lim Case No. 4:14-ev—{}{}900 CRB, which is
`
`currently pending in the Northern District ofCalifomia, involving the issue ofwhelher
`
`AppiicaI1f’s.lAMI.ESON RANCH VIN}?lYARI)S designation infringes Opposcr’s
`
`.IAM.I3S()N trademarks. A copy of the Complaint in the Civil action is attached as [-Zxliibit
`
`

`
`A. The civil action may be disposilivc of this proceeding. Tiicrofore, Opposcr
`
`respectfully rcqucsfs that the Board suspené this Opposition proceeding pending
`
`termination ofzhc civil action.
`
`Opposer, through its counsei, Robert Holtmpplc agreed to this Stipuiated Motion
`
`for Suspension on July 3, 20.14 in a telephone conference with Oppose-r’s counsel.
`
`Dated: '?\Eow York, New York
`
`July [4, ZOI4
`
`Respcotfuiiy submitted.
`
`FRANKFURT KURNTF
`KLEIN & S'I'El..2‘.C, PC
`
`FARE!..I.,A BRAUN
`+ MARTEL LLP
`
` By:
`
`By:
`
`_
`
`*
`
`Rachel Kronman
`488 Madison Avenue
`New York. NY 10022
`(212) 980—Ul2O
`
`avid E3. Sto
`Robert Hoitaappic
`Daniel C. Caliaway
`235 Montgomery St. Fl 17
`San Francisco. CA 94104
`(415) 954-4400
`
`A rlomeys for 0pptJs:3r
`Irish Distilicrs Limited
`
`Artomeysfor Appiicflnl
`Madison Vino}-‘arc! Holdings, LLC
`
`

`
`CERTI.FICATE OF SERVICE
`
`I hereby certify that on this £41}: day ofhily 2(}¥4, I caused a copy oftiie
`foregoing Motion for Suspension to be served, by the means indicated below, upon:
`
`VIA FIRST CLASS MAIL
`
`David I-3. Stoli
`Fareiia Braun + Marte] LLP
`
`235 Montgomery St. iii. 17
`San Francisco, California 94104
`
`Rachei [<11-onman
`
`

`
`EXHIBIT A
`
`EXHIBIT A
`
`

`
`Case4:14-cv-00900-KAW Document1 Filed02/27/14 Page1 of 6
`
`
`
`Robert C. Holtzapple (State Bar No. 145954)
`rholtzapple@fbm.com
`Daniel C. Callaway (State Bar No. 262675)
`dcallaway@fbm.com
`Farella Braun + Martel LLP
`235 Montgomery Street, 17th Floor
`San Francisco, CA 94104
`Telephone: (415) 954-4400
`Facsimile: (415) 954-4480
`
`Attorneys for Plaintiff
`Madison Vineyard Holdings, LLC
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`MADISON VINEYARD HOLDINGS,
`LLC,
`
`Plaintiff,
`
`vs.
`
`IRISH DISTILLERS LIMITED,
`
`Defendant.
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Case No.
`
`
`COMPLAINT FOR DECLARATORY
`RELIEF
`
`
`
`
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`30092\4155627.2
`
`Farella Braun + Martel LLP
`235 Montgomery Street, 17th Floor
`San Francisco, CA 94104
`(415) 954-4400
`
`COMPLAINT FOR DECLARATORY
`RELIEF
`
`
`
`

`
`Case4:14-cv-00900-KAW Document1 Filed02/27/14 Page2 of 6
`
`
`
`Plaintiff MADISON VINEYARD HOLDINGS, LLC (“Madison”), for its Complaint
`
`against Defendant IRISH DISTILLERS LIMITED (“IDL”), alleges as follows:
`
`NATURE OF ACTION
`
`1.
`
`This is an action for declaratory relief under authority of 28 U.S.C. §2201.
`
`Plaintiff Madison seeks a declaration that Plaintiff’s use of the mark JAMIESON RANCH
`
`VINEYARDS in connection with wine does not violate the rights, if any, of Defendant in the
`
`words JAMESON used in connection with whiskey.
`
`PARTIES
`
`2.
`
`Plaintiff Madison is a limited liability company organized and existing under the
`
`laws of the State of Delaware, with its headquarters located at 5619 DTC Parkway, Suite 800,
`
`Greenwood Village, Colorado 80111. Madison’s principal place of business is its Jamieson
`
`Ranch Vineyards winery, located off of Jamieson Canyon Road in Napa County, California.
`
`3.
`
`On information and belief, Defendant IDL is a private company limited by shares
`
`organized and existing under the laws of Ireland, with its principal place of business in
`
`Ballsbridge, Dublin, Ireland. On information and belief, Defendant IDL is in the business of
`
`making, distributing and selling whiskey.
`
`JURISDICTION AND VENUE
`
`4.
`
`This Court has federal question jurisdiction over the subject of this action pursuant
`
`to 15 U.S.C. §1121(a) and 28 U.S.C. §§1331, 1338, involving allegations of violations of the
`
`Lanham Act, and jurisdiction over actions for declaratory judgment under 28 U.S.C. §2201,
`
`et. seq., and jurisdiction over any State law claims under 28 U.S.C. § 1367. Acts giving rise to
`
`the claims asserted herein have been expressly aimed at, have occurred in, and will continue to
`
`occur in California and this District.
`
`5.
`
`This Court has personal jurisdiction over IDL because IDL has purposefully
`
`availed itself of the benefits of this forum by, among other things, directing its whiskey products
`
`to be sold and consumed in California in the ordinary course of trade, or has otherwise made or
`
`established contacts within this state sufficient to permit the exercise of personal jurisdiction.
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Farella Braun + Martel LLP
`235 Montgomery Street, 17th Floor
`San Francisco, CA 94104
`(415) 954-4400
`
`COMPLAINT FOR DECLARATORY
`RELIEF
`
`
`
`- 2 -
`
`30092\4155627.2
`
`

`
`Case4:14-cv-00900-KAW Document1 Filed02/27/14 Page3 of 6
`
`
`
`6.
`
`Venue properly lies within this District pursuant to 28 U.S.C. §1391(b) and (c) and
`
`in this Court because Plaintiff’s principal place of business is located off of Jamieson Canyon
`
`Road in Napa County and Defendant is located outside the U.S.
`
`INTRADISTRICT ASSIGNMENT
`
`7.
`
`This action is an intellectual property action within the meaning of Local Rule 3-
`
`2(c) and therefore is not subject to intradistrict venue provisions.
`
`8.
`
`Madison owns and operates Jamieson Ranch Vineyards winery in Napa County,
`
`FACTS
`
`California.
`
`9.
`
`Madison filed U.S. Trademark Application No. 85,851,788 for the mark
`
`JAMIESON RANCH VINEYARDS on February 15, 2013. After examination, the trademark
`
`examining attorney at the U.S. Patent and Trademark Office (“USPTO”) found no conflicting
`
`marks that would bar registration. The mark JAMIESON RANCH VINEYARDS was published
`
`for review in the Trademark Official Gazette on December 3, 2013.
`
`10.
`
`On December 19, 2013, IDL filed in the USPTO a request for a 90-day extension
`
`of time to oppose the mark JAMIESON RANCH VINEYARDS. The request was granted by the
`
`USPTO, extending the time to oppose until April 2, 2014
`
`11. Madison launched its Napa winery under the name JAMIESON RANCH
`
`VINEYARDS in June 2013, and Madison has continuously sold wine under the name
`
`JAMIESON RANCH VINEYARDS since at least September 17, 2013.
`
`12.
`
`On or about February 25, 2014, Defendant IDL sent a letter to Madison’s
`
`trademark counsel, claiming that IDL “owns more than 20 federal trademark registrations and
`
`pending applications with the United States Patent and Trademark Office for the trademark
`
`JAMESON”; that “Madison’s use of JAMIESON is confusingly similar to IDL’s JAMESON
`
`marks”; that “[Madison’s] use of JAMIESON is likely to cause consumer confusion and/or the
`
`appearance that your client’s business originates from or is endorsed or authorized by IDL”; and
`
`that “…Madison’s use constitutes trademark dilution.”
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Farella Braun + Martel LLP
`235 Montgomery Street, 17th Floor
`San Francisco, CA 94104
`(415) 954-4400
`
`COMPLAINT FOR DECLARATORY
`RELIEF
`
`
`
`- 3 -
`
`30092\4155627.2
`
`

`
`Case4:14-cv-00900-KAW Document1 Filed02/27/14 Page4 of 6
`
`
`
`13.
`
`In the letter, IDL further demanded that Madison “immediately cease all use of the
`
`Jameson Trademarks, or anything confusingly similar thereto including JAMIESON RANCH
`
`VINEYARDS”; “account to us for all revenue generated from your client’s use of JAMIESON,
`
`including sales of wine bearing the JAMIESON label and sales of services in Napa, so that we
`
`may assess the damages resulting from Madison’s infringing activity”; “provide us with written
`
`assurance that Madison will not make unauthorized use of the Jameson Trademarks (including as
`
`part of a domain name), or any confusingly similar variations thereto, in the future”; and
`
`“acknowledge and agree that Irish Distillers possesses proprietary intellectual property rights in
`
`the Jameson Trademarks, and that unauthorized commercial exploitation of such rights
`
`constitutes, among other things, trademark infringement, trade dress infringement and trademark
`
`dilution.”
`
`FIRST CAUSE OF ACTION
`(Declaratory Judgment of Non-Infringing Use)
`
`14. Madison incorporates by reference Paragraphs 1-13, as if fully set forth herein.
`
`15.
`
`An actual and justifiable controversy exists between the parties with respect to
`
`Madison’s right to use the term JAMIESON RANCH VINEYARDS.
`
`16.
`
`IDL asserts that Madison’s use of the term infringes IDL’s rights in its alleged
`
`JAMESON trademarks.
`
`17. Madison asserts that there is no likelihood of confusion between IDL’s use of the
`
`JAMESON mark on whiskey and Madison’s use of the JAMIESON RANCH VINEYARDS
`
`mark on wine, and that Madison’s use of the term JAMIESON RANCH VINEYARDS does not
`
`infringe any trademark rights of IDL.
`
`18. Madison seeks declaratory judgment pursuant to 28 U.S.C. § 2201 and Rule 57 of
`
`the Federal Rules of Civil Procedure confirming Madison’s rights to continue to use the term
`
`JAMIESON RANCH VINEYARDS in connection with its wine and its winery.
`
`
`
`- 4 -
`
`30092\4155627.2
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`/ / /
`
`/ / /
`
`/ / /
`
`Farella Braun + Martel LLP
`235 Montgomery Street, 17th Floor
`San Francisco, CA 94104
`(415) 954-4400
`
`COMPLAINT FOR DECLARATORY
`RELIEF
`
`
`
`

`
`Case4:14-cv-00900-KAW Document1 Filed02/27/14 Page5 of 6
`
`
`
`SECOND CAUSE OF ACTION
`(Declaratory Judgment of No Trademark Dilution)
`
`19. Madison incorporates by reference Paragraphs 1-18, as if fully set forth herein.
`
`20.
`
`An actual and justifiable controversy exists between the parties with respect to
`
`Madison’s right to use the term JAMIESON RANCH VINEYARDS.
`
`21.
`
`IDL asserts that Madison’s use of the term JAMIESON RANCH VINEYARDS
`
`will erode the strength of the Jameson trademarks, constituting trademark dilution.
`
`22. Madison asserts that Madison’s use of the term JAMIESON RANCH
`
`VINEYARDS in connection with its wine does not constitute trademark dilution.
`
`23. Madison seeks declaratory judgment pursuant to 28 U.S.C. §2201 and Rule 57 of
`
`the Federal Rules of Civil Procedure confirming Madison’s rights to continue to use the term
`
`JAMIESON RANCH VINEYARDS in connection with its wine and its winery.
`
`THIRD CAUSE OF ACTION
`(Declaratory Judgment of No Trade Dress Infringement)
`
`24. Madison incorporates by reference Paragraphs 1-23, as if fully set forth herein.
`
`25.
`
`An actual and justifiable controversy exists between the parties with respect to
`
`Madison’s right to use the term JAMIESON RANCH VINEYARDS.
`
`26.
`
`IDL asserts that Madison’s use of the term JAMIESON RANCH VINEYARDS
`
`constitutes trade dress infringement.
`
`27. Madison asserts that Madison’s use of the term JAMIESON RANCH
`
`VINEYARDS in connection with its wine does not constitute trade dress infringement.
`
`28. Madison seeks declaratory judgment pursuant to 28 U.S.C. §2201 and Rule 57 of
`
`the Federal Rules of Civil Procedure confirming Madison’s rights to continue to use the term
`
`JAMIESON RANCH VINEYARDS in connection with its wine and its winery.
`
`/ / /
`
`/ / /
`
`/ / /
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Farella Braun + Martel LLP
`235 Montgomery Street, 17th Floor
`San Francisco, CA 94104
`(415) 954-4400
`
`COMPLAINT FOR DECLARATORY
`RELIEF
`
`
`
`- 5 -
`
`30092\4155627.2
`
`

`
`Case4:14-cv-00900-KAW Document1 Filed02/27/14 Page6 of 6
`
`
`
`WHEREFORE, Plaintiff prays for judgment as follows:
`
`PRAYER
`
`1.
`
`A declaration that Plaintiff’s use of the terms JAMIESON RANCH VINEYARDS
`
`does not infringe any trademark rights, or other rights, of Defendant IDL.
`
`2.
`
`A declaration that Plaintiff s use of the term JAMIESON RANCH VINEYARDS
`
`does not constitute trademark dilution;
`
`3.
`
`A declaration that Plaintiff’s use of the term JAMIESON RANCH VINEYARDS
`
`does not constitute trade dress infringement.
`
`4.
`
`5.
`
`
`
`Awarding Plaintiff its costs;
`
`Any such other and further relief as the Court deems appropriate.
`
`JURY TRIAL DEMANDED
`
`Pursuant to Rule 38(a) of the Federal Rules of Civil Procedure, Plaintiff demands trial by
`
`jury of all issues properly triable of right by a jury.
`
`
`
`
`Dated: February 27, 2014
`
`
`
`
`FARELLA BRAUN + MARTEL LLP
`
`By: /s/ Robert C. Holtzapple
`Robert C. Holtzapple
`
`
`
`Attorneys for Plaintiff
`MADISON VINEYARD HOLDINGS,
`LLC
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Farella Braun + Martel LLP
`235 Montgomery Street, 17th Floor
`San Francisco, CA 94104
`(415) 954-4400
`
`COMPLAINT FOR DECLARATORY
`RELIEF
`
`
`
`- 6 -
`
`30092\4155627.2
`
`

`
`Case4:14-cv-00900-KAW Document1-1 Filed02/27/14 Page1 of 2
` CIVIL COVER SHEET
`JS 44 (Rev. 12/12) cand rev (1/15/13)
`The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
`provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
`purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
`I. (a) PLAINTIFFS
`DEFENDANTS
`MADISON VINEYARD HOLDINGS, LLC
`IRISH DISTILLERS LIMITED
`
`(b) County of Residence of First Listed Plaintiff
`Napa County
`(EXCEPT IN U.S. PLAINTIFF CASES)
`
`(c) Attorneys (Firm Name, Address, and Telephone Number)
`Robert C. Holtzapple (SBN 145954)
`Farella Braun + Martel LLP
`235 Montgomery St., San Francisco, CA 94104 (415) 954-4400
`II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
`
`’ 1 U.S. Government
`Plaintiff
`
`’ 3 Federal Question
`(U.S. Government Not a Party)
`
`NOTE:
`
`County of Residence of First Listed Defendant
`(IN U.S. PLAINTIFF CASES ONLY)
`IN LAND CONDEMNATION CASES, USE THE LOCATION OF
`THE TRACT OF LAND INVOLVED.
`
` Attorneys (If Known)
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
`(For Diversity Cases Only)
` and One Box for Defendant)
` PTF DEF
` PTF
` DEF
`Citizen of This State
`’ 1
`’ 1
`Incorporated or Principal Place
`’ 4
`’ 4
` of Business In This State
`
`’ 2 U.S. Government
`Defendant
`
`’ 4 Diversity
`(Indicate Citizenship of Parties in Item III)
`
`Citizen of Another State
`
`’ 2
`
`’ 2
`
`Incorporated and Principal Place
`of Business In Another State
`
`’ 5
`
`’ 5
`
`Citizen or Subject of a
` Foreign Country
`
`’ 3
`
`’ 3
`
`Foreign Nation
`
`’ 6
`
`’ 6
`
`BANKRUPTCY
`FORFEITURE/PENALTY
`’ 422 Appeal 28 USC 158
`’ 625 Drug Related Seizure
` of Property 21 USC 881 ’ 423 Withdrawal
`’ 690 Other
` 28 USC 157
`
`OTHER STATUTES
`’ 375 False Claims Act
`’ 400 State Reapportionment
`’ 410 Antitrust
`’ 430 Banks and Banking
`’ 450 Commerce
`’ 460 Deportation
`’ 470 Racketeer Influenced and
` Corrupt Organizations
`’ 480 Consumer Credit
`’ 490 Cable/Sat TV
`’ 850 Securities/Commodities/
` Exchange
`’ 890 Other Statutory Actions
`’ 891 Agricultural Acts
`’ 893 Environmental Matters
`’ 895 Freedom of Information
` Act
`’ 896 Arbitration
`’ 899 Administrative Procedure
` Act/Review or Appeal of
` Agency Decision
`’ 950 Constitutionality of
` State Statutes
`
`PROPERTY RIGHTS
`’ 820 Copyrights
`’ 830 Patent
`’ 840 Trademark
`
`SOCIAL SECURITY
`’ 861 HIA (1395ff)
`’ 862 Black Lung (923)
`’ 863 DIWC/DIWW (405(g))
`’ 864 SSID Title XVI
`’ 865 RSI (405(g))
`
`FEDERAL TAX SUITS
`’ 870 Taxes (U.S. Plaintiff
` or Defendant)
`’ 871 IRS—Third Party
` 26 USC 7609
`
`IMMIGRATION
`’ 462 Naturalization Application
`’ 465 Other Immigration
` Actions
`
` REAL PROPERTY
`’ 210 Land Condemnation
`’ 220 Foreclosure
`’ 230 Rent Lease & Ejectment
`’ 240 Torts to Land
`’ 245 Tort Product Liability
`’ 290 All Other Real Property
`
`IV. NATURE OF SUIT (Place an “X” in One Box Only)
`CONTRACT
`TORTS
` PERSONAL INJURY
` PERSONAL INJURY
`’ 110 Insurance
`’ 120 Marine
`’ 310 Airplane
`’ 365 Personal Injury -
`’ 130 Miller Act
`’ 315 Airplane Product
` Product Liability
`’ 140 Negotiable Instrument
` Liability
`’ 367 Health Care/
`’ 150 Recovery of Overpayment ’ 320 Assault, Libel &
` Pharmaceutical
` & Enforcement of Judgment
` Slander
` Personal Injury
`’ 151 Medicare Act
`’ 330 Federal Employers’
` Product Liability
`’ 152 Recovery of Defaulted
` Liability
`’ 368 Asbestos Personal
` Student Loans
`’ 340 Marine
` Injury Product
`LABOR
` (Excludes Veterans)
`’ 345 Marine Product
` Liability
` PERSONAL PROPERTY ’ 710 Fair Labor Standards
`’ 153 Recovery of Overpayment
` Liability
` of Veteran’s Benefits
`’ 350 Motor Vehicle
`’ 370 Other Fraud
` Act
`’ 160 Stockholders’ Suits
`’ 355 Motor Vehicle
`’ 371 Truth in Lending
`’ 720 Labor/Management
`’ 190 Other Contract
` Product Liability
`’ 380 Other Personal
` Relations
`’ 195 Contract Product Liability ’ 360 Other Personal
` Property Damage
`’ 740 Railway Labor Act
`’ 196 Franchise
` Injury
`’ 385 Property Damage
`’ 751 Family and Medical
`’ 362 Personal Injury -
` Product Liability
` Leave Act
` Medical Malpractice
`’ 790 Other Labor Litigation
` CIVIL RIGHTS
` PRISONER PETITIONS ’ 791 Employee Retirement
`Habeas Corpus:
`’ 440 Other Civil Rights
` Income Security Act
`’ 441 Voting
`’ 463 Alien Detainee
`’ 442 Employment
`’ 510 Motions to Vacate
`’ 443 Housing/
` Sentence
` Accommodations
`’ 530 General
`’ 445 Amer. w/Disabilities - ’ 535 Death Penalty
`Other:
` Employment
`’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other
` Other
`’ 550 Civil Rights
`’ 555 Prison Condition
`’ 448 Education
`’ 560 Civil Detainee -
` Conditions of
` Confinement
`
`V. ORIGIN (Place an “X” in One Box Only)
`’ 1 Original
`’ 2 Removed from
`Proceeding
`State Court
`
`VI. CAUSE OF ACTION
`
`’ 3 Remanded from
`Appellate Court
`
`’ 4 Reinstated or
`Reopened
`
`’ 6 Multidistrict
`Litigation
`
`’ 5 Transferred from
`Another District
`(specify)
`Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
`28 U.S.C. Section 2201, 15 U.S.C. Section 1114
`
`Brief description of cause:
`Plaintiff seeks declaratory judgment of non-infringing use and no trademark dilution.
`CHECK YES only if demanded in complaint:
`DEMAND $
`’ CHECK IF THIS IS A CLASS ACTION
`UNDER RULE 23, F.R.Cv.P.
`’ Yes
`’ No
`JURY DEMAND:
`
`VII. REQUESTED IN
` COMPLAINT:
`VIII. RELATED CASE(S)
` IF ANY
`DATE
`02/27/2014
`(cid:44)(cid:59)(cid:17)(cid:3)(cid:3)(cid:39)(cid:44)(cid:57)(cid:44)(cid:54)(cid:44)(cid:50)(cid:49)(cid:36)(cid:47)(cid:3)(cid:36)(cid:54)(cid:54)(cid:44)(cid:42)(cid:49)(cid:48)(cid:40)(cid:49)(cid:55)(cid:3)(cid:11)(cid:38)(cid:76)(cid:89)(cid:76)(cid:79)(cid:3)(cid:47)(cid:17)(cid:53)(cid:17)(cid:3)(cid:22)(cid:16)(cid:21)(cid:12)
`
`(See instructions):
`
`JUDGE
`SIGNATURE OF ATTORNEY OF RECORD
`/s/ Robert C. Holtzapple
`
`DOCKET NUMBER
`
`(Place an “X” in One Box Only) ( ) SAN FRANCISCO/OAKLAND ( ) SAN JOSE ( ) EUREKA
`
`✔
`

`
`JS 44 Reverse (Rev. 12/12)
`
`Case4:14-cv-00900-KAW Document1-1 Filed02/27/14 Page2 of 2
`
`INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
`Authority For Civil Cover Sheet
`
`The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
`required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
`required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
`Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
`
`I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
`only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
`then the official, giving both name and title.
` (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
`time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
`condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
` (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
`in this section "(see attachment)".
`
`II.
`
`Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
`in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
`United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
`United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
`Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
`to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
`precedence, and box 1 or 2 should be marked.
`Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
`citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
`cases.)
`
`III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
`section for each principal party.
`
`IV.
`
`V.
`
`Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
`sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
`one nature of suit, select the most definitive.
`
`Origin. Place an "X" in one of the six boxes.
`Original Proceedings. (1) Cases which originate in the United States district courts.
`Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
`When the petition for removal is granted, check this box.
`Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
`date.
`Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
`Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
`multidistrict litigation transfers.
`Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
`When this box is checked, do not check (5) above.
`
`VI.
`
`Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
`statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
`
`VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
`Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
`Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
`
`VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
`numbers and the corresponding judge names for such cases.
`
`Date and Attorney Signature. Date and sign the civil cover sheet.