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Case 1:18-cv-03307-JMS-TAB Document 1 Filed 10/26/18 Page 1 of 18 PageID #: 1

IN THE UNITED STATES DISTRICT COURT


SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

) COMPLAINT FOR DESIGN


) PATENT INFRINGEMENT AND
COVVES, LLC, ) TRADE DRESS INFRINGEMENT
)
Plaintiff, )
)
v. )
) DEMAND FOR JURY TRIAL
BIGMOUTH INC., an Indiana Corporation; )
)
and BIGMOUTH LLC., an Indiana Limited )
Liability Company )
)
)

Plaintiff Covves, LLC (“Covves”) alleges as follows for its Complaint for patent

infringement arising under the Patent Laws of the United States, 35 U.S.C. § 1, et seq., and for

trade dress infringement pursuant to section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a),

against Defendants BigMouth LLC and BigMouth Inc. (collectively “BigMouth Defendants”).

THE PARTIES

1. Covves is a limited liability company, duly organized and existing under the laws of

the State of California, located at 23145 Kashiwa Court, Torrance, California 90505.

2. Defendant BigMouth LLC is a limited liability company, organized and existing

under the laws of the State of Indiana, with a principal place of business located at 655 Winding

Brook Drive Glastonbury, CT 06033.

3. Defendant BigMouth Inc. is a corporation, incorporated and existing under the laws

of the state of Indiana, with a principal place of business located at 10201 N. Illinois St. Suite

200, Indianapolis, IN 46290.

JURISDICTION AND VENUE

4. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C §§

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1331 and 1338(a).

5. Upon information and belief, this Court has general personal jurisdiction over the

BigMouth Defendants because they are either incorporated or organized in Indiana and they

regularly conduct business in the State of Indiana, including in this District.

6. Venue for this action is proper in the Southern District of Indiana pursuant to 28

U.S.C. §§ 1391(b), (c) and 1400(b). Because the BigMouth Defendants are incorporated or

organized in Indiana and have offices in this judicial district, they are residents of this judicial

district.
FACTS COMMON TO ALL CLAIMS

7. Covves sells high-quality inflatable pool toys under the “Kololo”, “#Floaty”, and

“#GetFloaty” brand names.

8. Covves’ invented the giant unicorn pool float and popularized it worldwide as one of

the most popular inflatable pool toys of 2016 and 2017. Covves’ “Giant Unicorn” float has a

unique patented design, which is protected by United States Patent Number D787,617.

9. Covves also sells a popular “Mini Unicorn Cup Holder” with a unique design

protected by United States Patent Number D783,370.

10. United States Patent Number D787,617 (the “D’617” patent) is titled “Inflatable

Toy” and was filed on August 24, 2015, and was duly and validly issued by the United States

Patent and Trademark Office on May 23, 2017. A true and correct copy of the D’617 patent is

attached to and incorporated herein as Exhibit 1.

11. United States Patent Number D783,370 (the “D’370” patent) is titled “Inflatable

Beverage Holder” and was filed on November 8, 2016, and was duly and validly issued by the

United States Patent and Trademark Office on April 11, 2017. A true and correct copy of the

D’370 patent is attached and incorporated herein as Exhibit 2.

12. Covves is the owner by assignment of all right, title, and interest in the D’617 patent

and the D’370 patent (collectively, the “Patents-in-Suit”), including all rights to sue and collect

for past, present, and future damages.

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13. Adult-sized unicorn floats and mini cupholder unicorn floats did not exist before

Covves invented and popularized them.

14. Covves practices both of the Patents-in-Suit domestically and worldwide, selling

products embodying the patents from various channels including its website (https://kololo.co/),

wholesale (https://www.floatywholesale.com/), and from online retailers, including

Amazon.com

(https://www.amazon.com/FLOATY/b/ref=bl_dp_s_web_14394022011?ie=UTF8&node=1439

4022011&field-lbr_brands_browse-bin=FLOATY).
15. Covves has over 35,000 followers on its Instagram

(https://www.instagram.com/kololo.co/?hl=en), which primarily consists of photographs of

products that embody the Patents-in-Suit.

16. Covves’ unicorn floats embodying the Patents-in-Suit have been featured on The

Today Show, Vogue, Elite Daily, PopSugar, and Harper’s Bazaar, among many other outlets.

17. Covves has a history of arms-length licensing deals with third parties, licensing the

unicorn pool floats for $10.00 per float and the unicorn cupholders for $1.00 per cupholder.

18. Since inventing the “Giant Unicorn” float and “Mini Unicorn Cup Holder,” Covves

has expended substantial amounts of money, time, and effort to advertise and promote these

unique inflatable unicorn products. Covves’ efforts to promote these products includes national

advertising campaigns, promotions on social media sites such as Instagram, trade shows,

promotions with retailers, and promotions at high-profile events.

19. Because of Covves’ extensive promotion of the distinct appearance of its “Giant

Unicorn” float and “Mini Unicorn Cup Holder,” consumers and others familiar with the

inflatable toy industry are easily able to identify such products as originating from Covves.

20. The unique, iconic and inherently distinctive overall appearance of Covves’ “Giant

Unicorn” includes the elongated neck coming out of the raft and the design of the unicorn’s

head, which has a straight horn, two pointed ears, and a mane that juts out of the back of the

head. Specifically, the mane begins behind the horn and rests atop the head and neck between

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the pointed ears. A tail is affixed to the rear of the raft body, and that tail is in the shape of an

“S” curve. A picture of Covves’ ‘Giant Unicorn” is shown below. The overall design of

Covves’ “Giant Unicorn” is referred to herein as the “Giant Unicorn Trade Dress.”

21. All features that constitute the Giant Unicorn Trade Dress are nonfunctional, in that

they serve a decorative and aesthetic purpose and are not required to exist in this design in order

for this product to be used for its intended purpose, which is to float in water. This

nonfunctionality is further demonstrated by the existence in the marketplace of numerous pool

floats, including numerous unicorn-themed floats, with completely different designs than the

Giant Unicorn Trade Dress.

22. Covves’ Mini Unicorn Cup Holder is also protected trade dress. The unique, iconic

and inherently distinctive overall appearance of Covves’ “Mini Unicorn Cup Holder” includes

the elongated neck coming out of the cupholder and the design of the unicorn’s head, which has

a straight horn, two pointed ears, and a mane that juts out of the back of the head. Specifically,

the mane begins behind the horn and rests atop the head and neck between the pointed ears. A

tail is affixed to the rear of the cupholder, and that tail is in the shape of an “S” curve. A picture

of Covves’ “Mini Unicorn Cup Holder” is shown below. The overall design of Covves’ “Mini

Unicorn Cup Holder” is referred to herein as the “Mini Unicorn Cup Holder Trade Dress.”

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23. All features that constitute the Mini Unicorn Cup Holder are nonfunctional, in that

they serve a decorative and aesthetic purpose and are not required to exist in this design in order

for this product to be used for its intended purpose, which is to hold a cup and float in water.

This nonfunctionality is further demonstrated by the existence in the marketplace of numerous

inflatable cupholder products that have completely different designs than the Mini Unicorn Cup

Holder Trade Dress.

24. Long before the acts of the BigMouth Defendants described in this Complaint,

Covves has extensively advertised and promoted its Giant Unicorn Trade Dress and Mini

Unicorn Cup Holder Trade Dress. As a result of Covves’ care and skill in cultivating the unique

appearances of its Giant Unicorn and Mini Unicorn Cup Holder, as well as Covves’ extensive

advertising, promotion, and sales of these products, Covves’ Giant Unicorn Trade Dress and

Mini Unicorn Cup Holder Trade Dress have acquired valuable reputations.

25. The public recognizes the Giant Unicorn Trade Dress and Mini Unicorn Cup Holder

Trade Dress as being associated exclusively with Covves. The Giant Unicorn Trade Dress and

Mini Unicorn Cup Holder Trade Dress have acquired significant celebrity and symbolize the

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goodwill that Covves has built by selling high-quality inflatable toys. By way of example,

Covves’ Instagram page, #getfloaty, demonstrates that thousands of customers associate Covves

with its Giant Unicorn Trade Dress and Mini Unicorn Cup Holder Trade Dress and have posted

pictures of themselves with these iconic products. See

https://www.instagram.com/explore/tags/getfloaty/.

26. In addition to extensively advertising and promoting its Giant Unicorn Trade Dress

and Mini Unicorn Cup Holder Trade Dress, Covves has also spent considerable money, time

and effort enforcing its trade dress rights against would-be competitors who attempt to sell

knockoffs of the Giant Unicorn and Mini Unicorn Cup Holder, including prosecuting lawsuits

and sending cease-and-desist letters.

27. For the foregoing reasons, the Giant Unicorn Trade Dress and Mini Unicorn Cup

Holder Trade Dress have acquired secondary meaning. The identifying appearance of the Giant

Unicorn Trade Dress and Mini Unicorn Cup Holder Trade Dress are the protectable property of

Covves.
BIGMOUTH DEFENDANTS’ WILLFUL PATENT AND TRADE DRESS
INFRINGEMENT

28. Attempting to capitalize on Covves’ hard work, intellectual property, and success,

and without compensating Covves or obtaining a license, BigMouth Defendants illegally and

willfully misappropriated the patented design and trade dress of Covves’ Giant Unicorn to

create an imitation unicorn pool float, which is sold under various names including: “Giant

Unicorn Pool Float”, “Giant Sparkly Unicorn Pool Float”, and “Sparkles The Unicorn Lil’

Float” (collectively, the “BigMouth Giant Unicorn Floats”).

29. The BigMouth Giant Unicorn Floats can be found for sale online at the following

links: https://www.bigmouthinc.com/products/giant-unicorn-pool-float-3/,

https://www.bigmouthinc.com/products/giant-unicorn-pool-float-2/, and

https://www.bigmouthinc.com/products/sparkles-the-unicorn-lil-float/.

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30. A side-by-side comparison shown below reveals that BigMouth Defendants

misappropriated Plaintiff’s patented unicorn float designs (D’617) with their BigMouth Giant

Unicorn Floats.

31. The image above is demonstrative of the similarity. Both feature a raft body with an

elongated neck. Atop the neck rests a head affixed with a horn, two pointed ears, and a mane.

The mane begins behind the horn and rests atop the head and neck between the pointed ears. A

tail is affixed to the rear of the raft body. Although there are countless embodiments BigMouth

Defendants could have employed—for example, non-pointed ears, a curved horn, a spiked

mane, a tail of any different shape, etc.—BigMouth Defendants instead copied Covves’

patented design and trade dress nearly identically.

32. Pictured below is Plaintiff’s “Giant Unicorn” product (left) and one of BigMouth

Defendants’ “Giant Unicorn Floats” (right):

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33. BigMouth Defendants also illegally misappropriated the patented design and trade

dress of Covves’ Mini Unicorn Cup Holder to create an imitation unicorn beverage holder,

which is sold under the name “Unicorn Beverage Boats.” The BigMouth Unicorn Beverage

Boats can be found on sale here: https://www.bigmouthinc.com/products/unicorn-beverage-

boats-2/

34. A side-by-side comparison shown below reveals that BigMouth Defendants

misappropriated Plaintiff’s trade dress and patented design of the Mini Unicorn Cup Holder

with their Unicorn Beverage Boats.

35. The image above is demonstrative of the similarity. Both feature a rounded body

with a rounded empty space in the center. Affixed to the body is an elongated neck. Atop the

neck rests a head affixed with a horn, two pointed ears, and a mane. The mane begins behind the

horn and rests atop the head and neck. The eye is comprised of a black circle, containing a

smaller white circle. A tail is affixed to the rear of the rounded body. Although there are

countless embodiments BigMouth Defendants could have employed—for example, non-pointed

ears, a curved horn, a spiked mane, a tail of any different shape, etc.—BigMouth Defendants

instead copied Covves’ patented design and trade dress nearly identically.

36. Below is a side-by-side of Plaintiff’s “Mini Unicorn Cupholder” product (left) and

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BigMouth Defendants’ “Unicorn Beverage Boat” product (right):

37. A claim chart comparing both of the Patents-in-Suit to BigMouth Defendants’ Giant

Unicorn Floats and Unicorn Beverage Boat (collectively, the “Infringing Products”) is attached

as Exhibit 3.

38. The designs of the Infringing Products are substantially the same as the Patents-in-

Suit such as to deceive an ordinary observer into inducing him or her to purchase BigMouth

Defendants’ Infringing Products supposing them to be Plaintiff’s.

39. Moreover, the substantial similarity between the BigMouth Defendants’ Infringing

Products and Covves’ Giant Unicorn Trade Dress and Mini Unicorn Cup Holder Trade Dress is

likely to cause consumer confusion.

40. BigMouth Defendants’ conduct in making, using, selling, offering to sell and/or

importing the Infringing Products directly infringes the D’617 and D’370 patents. The foregoing

conduct also infringes Covves’ rights in the Giant Unicorn Trade Dress and Mini Unicorn Cup

Holder Trade Dress.

41. BigMouth Defendants’ infringement of Covves’ trade dress in the Giant Unicorn and

Mini Unicorn Cup Holder is willful. Upon information and belief, the BigMouth Defendants

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knew of Covves’ hard-earned goodwill in its Giant Unicorn and Mini Unicorn Cup Holder but

chose to adopt a confusingly similar appearance for their Infringing Products to capitalize on the

popularity of these products. Accordingly, BigMouth Defendants’ infringement of Covves’

Giant Unicorn trade dress and Mini Unicorn Cup Holder trade dress is willful, and this action is

an exceptional case.

42. BigMouth Defendants’ infringement of the Patents-in-Suit was also willful, as

BigMouth Defendants sold the Infringing Products, despite actual knowledge of Covves’ rights

in the D’617 and D’370 Patents. Prior to the filing of this Complaint, Covves provided

BigMouth Defendants copies of the D’617 and D’370 patents during discussions regarding the
enforcement of the D’370 Patent against BigMouth Defendants’ infringing Unicorn Beverage

Boats on Amazon.com.

43. BigMouth Defendants’ attorney emailed Plaintiff’s counsel on March 22, 2018,

regarding the removal of the infringing listing on Amazon.com. A true and correct copy of the

emails between Plaintiff’s counsel and counsel for BigMouth Defendants is attached and

incorporated herein as Exhibits 4 and 5.

44. In response, Plaintiff sent BigMouth Defendants copies of the Patents-in-Suit and

informed BigMouth Defendants that their Infringing Products “infringe[] [Plaintiff’s] design

patents filed in 2015 and 2016” and that “Covves created the unicorn float and the unicorn

cupholder and registered the IP to protect it. [BigMouth Defendants] blatantly copied it and

competes with a cloned product.”

45. Accordingly, BigMouth Defendants have had actual knowledge of Plaintiff’s

Patents-In-Suit since, at the very latest, March 22, 2018.

46. Nevertheless, BigMouth Defendants have since re-listed the Unicorn Beverage Boat

on Amazon but removed “unicorn” from the title in order to avoid detection.

47. To this day, BigMouth Defendants continue to sell their infringing products in

blatant disregard of Covves’ patents and of Covves’ March 2018 notice that BigMouth

Defendants are infringing.

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48. Covves applied for the D’617 patent on August 24, 2015 and the D’370 patent on

November 8, 2016. The D’370 patent was issued on April 11, 2017, and the D’617 patent was

issued a month later on May 23, 2017.

49. By contrast, a record of BigMouth Defendants’ website, www.bigmouthinc.com,

captured by the Internet Archive Wayback Machine, shows that BigMouth Defendants were not

selling their Infringing Products as of November 26, 2017, which is long after the issuance dates

of the Patents-in-Suit.

50. Similarly, the Unicorn Beverage Boat did not appear on BigMouth Defendants’

Instagram page until March 12, 2018, and none of the BigMouth Unicorn Floats appeared on

BigMouth Defendants’ Instagram page until April 9, 2018.

51. Therefore, based on the foregoing public records and on information and belief,

BigMouth Defendants began selling their Infringing Products online after they received notice

of Covves’ Patents-in-Suit on March 22, 2018, and long after Plaintiff’s Mini Unicorn

Cupholder first appeared on Covves’ website on August 17, 2016.

52. BigMouth Defendants have actual knowledge of the Patents-in-Suit and know or

should know that their Infringing Products and their conduct in relation to the Infringing

Products infringe the Patents-in-Suit. Accordingly, BigMouth Defendants’ infringement is and

has been willful, wanton, malicious, bad-faith, deliberate, consciously wrongful, made with

reckless disregard, and/or flagrant.

53. In addition, BigMouth Defendants have actively induced numerous retailers to sell,

offer for sale, advertise, promote and distribute their Infringing Products. The retailers that

BigMouth Defendants have induced to sell their Infringing Products include the following:

• The Funtrepreneur: https://alwaysfits.com/products/giant-glitter-magical-unicorn-pool-

float

• Dillards: https://www.dillards.com/p/bigmouth-inc.-unicorn-pool-

float/507916390?di=05329766_zi_multi&categoryId=-

10005&facetCache=pageSize%3D96%26beginIndex%3D0%26orderBy%3D1

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• Kohl’s: https://www.kohls.com/product/prd-3207539/bigmouth-inc-3-pack-1-bonus-

beverage-boats.jsp?color=Unicorn&prdPV=2

• Perpetual Kid: https://www.perpetualkid.com/magical-winged-rainbow-unicorn-floating-

beverage-boats/ and https://www.perpetualkid.com/giant-sparkly-glitter-unicorn-pool-

float-big-mouth/

• Saks Fifth Avenue:

https://m.saksoff5th.com/pd.jsp?PRODUCT%3C%3Eprd_id=845524442483429&site_re

fer=CSE_GGLPRADS001_OFF&gclid=EAIaIQobChMIicHDn-
vZ3QIVmNdkCh0SgABJEAQYAyABEgKl-

fD_BwE&gclsrc=aw.ds&productCode=0400098769236

• Scheels: https://www.scheels.com/p/bigmouth-glitter-unicorn-pool-float/718856-

BMPF.html

• Target: https://www.target.com/p/big-mouth-toys-unicorn-pool-float-white/-/A-52990127

And: https://www.target.com/p/big-mouth-toys-unicorn-lil-float-white/-/A-52990064

And: https://www.target.com/p/big-mouth-toys-unicorn-beverage-boatswhite-3pk/-/A-

52990144

• West Marine: https://www.westmarine.com/buy/big-mouth--giant-unicorn-pool-float--

19276674

• Tilly’s: https://www.tillys.com/product/bigmouth-inc.-2-pack-inflatable-unicorn-

beverage-boats/323236957.html

• Nordstrom: https://shop.nordstrom.com/s/bigmouth-inc-unicorn-pool-float/4985852

• Express: https://www.express.com/clothing/women/bigmouth-inc-sparkly-unicorn-pool-

float/pro/01167422/

• Zulily: https://www.zulily.com/p/unicorn-beverage-boat-set-of-two-5675-

54293873.html?search_pos=83&search_page=2&fromSearch=true

Representative screenshots from the foregoing links are included as Exhibit 6.

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FIRST CLAIM FOR RELIEF

(Infringement of US. Patent No. D787,617)

54. Covves repeats and realleges the allegations of the foregoing Paragraphs as if fully

set forth herein.

55. Covves is the owner of the D’617 patent.

56. BigMouth Defendants have directly infringed and are still infringing the D’617

patent under 35 U.S.C. § 271(a), literally and/or under the doctrine of equivalents, by selling

and/or offering to sell and/or importing into the United States the “Giant Unicorn Pool Float”,

the “Giant Sparkly Unicorn Pool Float”, the “Sparkles The Unicorn Lil’ Float”, and the

“Unicorn Beverage Boats”, each of which embody the design covered by the D’617 patent.

57. In addition, BigMouth Defendants have infringed and are still infringing the D’617

patent in this country, through, inter alia, their active inducement of others, including the

retailers identified in paragraph 53, to sell products that embody the designed covered by the

D’617 patent. This conduct constitutes infringement under 35 U.S.C. § 271(b).

58. BigMouth Defendants’ infringement is and has been willful, as BigMouth

Defendants have known that Covves is the owner of the D’617 patent since at least March 22,

2018 but intentionally and consciously proceeded to sell the Infringing Products and induce

retailers to sell, advertise, and distribute the Infringing Products.

59. Covves has been damaged, in an amount to be determined, as a direct and proximate

result of BigMouth Defendants’ willful infringement of the D’617 patent.

SECOND CLAIM FOR RELIEF

(Infringement of U.S. Patent No. D783,370)

60. Covves repeats and realleges the allegations of the foregoing Paragraphs as if fully

set forth herein.

61. BigMouth Defendants have directly infringed the D’370 patent under 35 U.S.C. §

271(a), literally and/or under the doctrine of equivalents, by selling and/or offering to sell and/or

importing into the United States the “Giant Unicorn Pool Float”, the “Giant Sparkly Unicorn

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Pool Float”, the “Sparkles The Unicorn Lil’ Float”, and the “Unicorn Beverage Boats”, each of

embody the design covered by the D’370 patent.

62. In addition, BigMouth Defendants have infringed and are still infringing the D’370

patent in this country, through, inter alia, their active inducement of others, including the

retailers identified in Paragraph 53, to sell products that embody the designed covered by the

D’370 patent. This conduct constitutes infringement under 35 U.S.C. § 271(b).

63. BigMouth Defendants’ infringement is and has been willful, as BigMouth

Defendants have known that Covves is the owner of the D’370 patent since at least March 22,

2018 but intentionally and consciously decided to sell the Infringing Products and induce

retailers to sell, advertise, and distribute the Infringing Products.

64. Covves has been damaged, in an amount to be determined, as a direct and proximate

result of BigMouth Defendants’ willful infringement of the D’370 patent.


THIRD CLAIM FOR RELIEF

(Infringement of Covves’ Giant Unicorn Trade Dress, 15 U.S.C. § 1125)

65. Covves repeats and realleges the allegations of the foregoing Paragraphs as if fully

set forth herein.

66. BigMouth Defendants intentionally adopted and are using in commerce in

connection with the advertising, promotion and sale of the Infringing Products, including “Giant

Unicorn Pool Float”, the “Giant Sparkly Unicorn Pool Float”, and the “Sparkles The Unicorn

Lil’ Float”, an overall product appearance that is intended by BigMouth Defendants to be

substantially similar to, and a colorable imitation of, Covves’ distinctive Giant Unicorn trade

dress.

67. BigMouth Defendants’ unlawful adoption and use, in commerce, of such a colorable

imitation of Covves’ Giant Unicorn trade dress without the authorization of Covves are likely to

cause confusion, to cause mistake and/or to deceive consumers as to the affiliation, connection

or association of BigMouth Defendants with Covves or as to the origin, sponsorship or approval

of BigMouth Defendants’ goods with Covves’ goods.

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68. Through the promotion, advertising and sale of such a confusingly similar unicorn

float, BigMouth Defendants have unlawfully simulated, appropriated and infringed Covves’

rights and its proprietary trade dress. Such conduct and appropriation constitute a false

description or representation of Covves’ products or a false designation of origin, in violation of

15 U.S.C. § 1125(a).

69. BigMouth Defendants’ conduct and its false representations of genuineness have

injured and will injure Covves by diversion of Covves goodwill and sales to BigMouth

Defendants, and by diminishing and destroying Covves’ goodwill and reputation. Covves seeks

damages in such sum as may be proved at the time of trial in a sum equal to that received by

BigMouth Defendants and those sums lost by Covves as a result of such conduct and actions.
FOURTH CLAIM FOR RELIEF

(Infringement of Covves’ Mini Unicorn Cup Holder Trade Dress, 15 U.S.C. §

1125)

70. Covves repeats and realleges the allegations of the foregoing Paragraphs as if fully

set forth herein.

71. BigMouth Defendants intentionally adopted and are using in commerce, in

connection with the advertising, promotion and sale of their Unicorn Beverage Boats, an overall

product appearance that is intended by BigMouth Defendants to be substantially similar to, and

a colorable imitation of, Covves’ distinctive Mini Unicorn Cup Holder trade dress.

72. BigMouth Defendants’ unlawful adoption and use, in commerce, of such a colorable

imitation of Covves’ Mini Unicorn Cup Holder trade dress without the authorization of Covves

are likely to cause confusion, to cause mistake and/or to deceive consumers as to the affiliation,

connection or association of BigMouth Defendants with Covves or as to the origin, sponsorship

or approval of BigMouth Defendants’ goods with Covves’ goods.

73. Through the promotion, advertising and sale of such a confusingly similar unicorn

cup holder, BigMouth Defendants have unlawfully simulated, appropriated and infringed

Covves’ rights and its proprietary trade dress. Such conduct and appropriation constitute a false

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description or representation of Covves’ products or a false designation of origin, in violation of

15 U.S.C. § 1125(a).

74. BigMouth Defendants’ conduct and its false representations of genuineness have

injured and will injure Covves by diversion of Covves goodwill and sales to BigMouth

Defendants, and by diminishing and destroying Covves’ goodwill and reputation. Covves seeks

damages in such sum as may be proved at the time of trial in a sum equal to that received by

BigMouth Defendants and those sums lost by Covves as a result of such conduct and actions.

PRAYER FOR RELIEF

WHEREFORE, Covves respectfully requests the Court to enter judgment in favor of Covves
and against BigMouth Defendants as to all claims asserted herein as follows:

A. Granting a judgment that BigMouth Defendants have infringed the Patents-in-Suit;


B. Granting a judgment that BigMouth Defendants have infringed Covves’ rights in the

Giant Unicorn Trade Dress and Mini Unicorn Cup Holder Trade Dress;

C. An order and judgment permanently enjoining BigMouth Defendants and their officers,

directors, agents, servants, employees, affiliates, attorneys, and all others acting in

privity or in concert with them, and their parents, subsidiaries, divisions, successors and

assigns, from further acts of infringement of the asserted design patents;

D. An order and judgment permanently enjoining BigMouth Defendants and their officers,

directors, agents, servants, employees, affiliates, attorneys, and all others acting in

privity or in concert with them, and their parents, subsidiaries, divisions, successors and

assigns, from further acts of infringement of Covves’ rights in the Giant Unicorn Trade

Dress and Mini Unicorn Cup Holder Trade Dress;

E. An accounting of BigMouth Defendants’ profits from their infringement of Covves’

design patents;

F. An accounting of BigMouth Defendants’ profits received from the sale of products

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bearing a trade dress that is identical or confusingly similar to Covves’ Giant Unicorn

trade dress and Mini Unicorn Cup Holder trade dress;

G. An order for BigMouth Defendants to deliver to this Court for destruction, pursuant to

15 U.S.C. § 1118, products in its possession bearing a trade dress that is identical or

substantially similar to Covves’ Giant Unicorn trade dress and Mini Unicorn Cup Holder

trade dress or any reproduction, counterfeit, copy or colorable imitation thereof, and be

required to recall all products or packaging bearing a trade dress that is identical or

substantially similar to Covves’ Giant Unicorn trade dress and Mini Unicorn Cup Holder

trade dress from BigMouth Defendants’ customers and refund any monies paid for such

products to its customers;

H. A judgment awarding Plaintiff BigMouth Defendants’ total profits pursuant to 35 U.S.C.

§ 289;

I. An order for BigMouth Defendants to pay Covves’ actual damages adequate to

compensate for the infringement of Covves’ design patents in the form of a reasonable

royalty for the use made of the patented inventions by BigMouth Defendants, together

with pre-judgment and post judgment interest and costs, in accordance with 35 U.S.C. §

284;

J. An order for BigMouth Defendants to pay Covves’ actual damages adequate to

compensate for the infringement of Covves’ Giant Unicorn trade dress and Mini

Unicorn Cup Holder trade dress, including, but not limited to, the reasonable value of

the use of Covves’ Unicorn trade dress and Mini Unicorn Cup Holder trade dress, and

that, in view of the flagrant and deliberate character of such infringement and unfair

competition, such damages be trebled;

K. Granting a judgment that BigMouth Defendants’ patent infringement was willful and

ordering BigMouth Defendants to pay to Covves increased damages of three times the

compensatory damages, in accordance with 35 U.S.C. § 284;

L. Granting a judgment that this case is exceptional under 35 U.S.C. § 285 due to

17
Case 1:18-cv-03307-JMS-TAB Document 1 Filed 10/26/18 Page 18 of 18 PageID #: 18

BigMouth Defendants’ willful patent infringement and ordering BigMouth Defendants

to pay to Covves its reasonable attorney fees incurred in this action;

M. Awarding Covves’ reasonable attorneys’ fees and costs pursuant to 15 U.S.C. § 1117(a);

and

N. Granting Covves such other and further relief as this Court may deem just and proper.

JURY DEMAND

Pursuant to Federal Rule of Civil Procedure 38 Covves demands a trial by jury on all issues
so triable.

DATED: October 26, 2018


By: /s/ Stephen C. McArthur
Stephen C. McArthur(pro hac vice admission
pending)
THE MCARTHUR LAW FIRM, PC
11400 W. Olympic Blvd., Ste 200
Los Angeles, CA 90064-1584
(323) 639-4455
stephen@smcarthurlaw.com

Attorneys for Plaintiff, Covves, LLC

By: /s/Paul B. Overhauser


Paul B. Overhauser
April M. Jay
OVERHAUSER LAW OFFICES LLC
740 W. Green Meadows Dr., Suite 300
Greenfield, IN 46140-4019
Phone: 317-467-9100
poverhauser@overhauser.com
ajay@overhauser.com

Attorneys for Plaintiff, Covves, LLC

18
Case 1:18-cv-03307-JMS-TAB Document 1-1 Filed 10/26/18 Page 1 of 7 PageID #: 19

EXHIBIT 1
Case 1:18-cv-03307-JMS-TAB Document 1-1 Filed 10/26/18 Page 2 of 7 PageID #: 20
Case 1:18-cv-03307-JMS-TAB Document 1-1 Filed 10/26/18 Page 3 of 7 PageID #: 21
Case 1:18-cv-03307-JMS-TAB Document 1-1 Filed 10/26/18 Page 4 of 7 PageID #: 22
Case 1:18-cv-03307-JMS-TAB Document 1-1 Filed 10/26/18 Page 5 of 7 PageID #: 23
Case 1:18-cv-03307-JMS-TAB Document 1-1 Filed 10/26/18 Page 6 of 7 PageID #: 24
Case 1:18-cv-03307-JMS-TAB Document 1-1 Filed 10/26/18 Page 7 of 7 PageID #: 25
Case 1:18-cv-03307-JMS-TAB Document 1-2 Filed 10/26/18 Page 1 of 6 PageID #: 26

EXHIBIT 2
Case 1:18-cv-03307-JMS-TAB Document 1-2 Filed 10/26/18 Page 2 of 6 PageID #: 27
Case 1:18-cv-03307-JMS-TAB Document 1-2 Filed 10/26/18 Page 3 of 6 PageID #: 28
Case 1:18-cv-03307-JMS-TAB Document 1-2 Filed 10/26/18 Page 4 of 6 PageID #: 29
Case 1:18-cv-03307-JMS-TAB Document 1-2 Filed 10/26/18 Page 5 of 6 PageID #: 30
Case 1:18-cv-03307-JMS-TAB Document 1-2 Filed 10/26/18 Page 6 of 6 PageID #: 31
Case 1:18-cv-03307-JMS-TAB Document 1-3 Filed 10/26/18 Page 1 of 14 PageID #: 32

EXHIBIT 3
D617 Map to BigMouth Giant Unicorn Float
Case 1:18-cv-03307-JMS-TAB Document 1-3 Filed 10/26/18 Page 2 of 14 PageID #: 33
D370 Map to BigMouth Giant Unicorn Float
Case 1:18-cv-03307-JMS-TAB Document 1-3 Filed 10/26/18 Page 3 of 14 PageID #: 34
D617 Map to BigMouth Giant Sparkly Unicorn Pool Float
Case 1:18-cv-03307-JMS-TAB Document 1-3 Filed 10/26/18 Page 4 of 14 PageID #: 35
D370 Map to BigMouth Giant Sparkly Unicorn Pool Float
Case 1:18-cv-03307-JMS-TAB Document 1-3 Filed 10/26/18 Page 5 of 14 PageID #: 36
D617 Map to BigMouth Sparkles The Unicorn Lil’ Float
Case 1:18-cv-03307-JMS-TAB Document 1-3 Filed 10/26/18 Page 6 of 14 PageID #: 37
D370 Map to BigMouth Sparkles The Unicorn Lil’ Float
Case 1:18-cv-03307-JMS-TAB Document 1-3 Filed 10/26/18 Page 7 of 14 PageID #: 38
D617 Map to BigMouth Unicorn Beverage Boats
Case 1:18-cv-03307-JMS-TAB Document 1-3 Filed 10/26/18 Page 8 of 14 PageID #: 39
D370 Map to BigMouth Unicorn Beverage Boats
Case 1:18-cv-03307-JMS-TAB Document 1-3 Filed 10/26/18 Page 9 of 14 PageID #: 40
D370 Map to BigMouth Unicorn Beverage Boats
Case 1:18-cv-03307-JMS-TAB Document 1-3 Filed 10/26/18 Page 10 of 14 PageID #: 41
D370 Map to BigMouth Unicorn Beverage Boats
Case 1:18-cv-03307-JMS-TAB Document 1-3 Filed 10/26/18 Page 11 of 14 PageID #: 42
D370 Map to BigMouth Unicorn Beverage Boats
Case 1:18-cv-03307-JMS-TAB Document 1-3 Filed 10/26/18 Page 12 of 14 PageID #: 43
D370 Map to BigMouth Unicorn Beverage Boats
Case 1:18-cv-03307-JMS-TAB Document 1-3 Filed 10/26/18 Page 13 of 14 PageID #: 44
D370 Map to BigMouth Unicorn Beverage Boats
Case 1:18-cv-03307-JMS-TAB Document 1-3 Filed 10/26/18 Page 14 of 14 PageID #: 45
Case 1:18-cv-03307-JMS-TAB Document 1-4 Filed 10/26/18 Page 1 of 10 PageID #: 46

EXHIBIT 4
10/2/2018 Case McArthur
1:18-cv-03307-JMS-TAB Law Mail - Notice
Document 1-4 of Filed
Improper10/26/18
Removal of BigMouth
PageProduct
2 of 10 PageID #: 47

Ricky Brown <ricky@smcarthurlaw.com>

Notice of Improper Removal of BigMouth Product


Nickerson, Morgan T. <Morgan.Nickerson@klgates.com> Thu, Mar 22, 2018 at 2:04 PM
To: Stephen McArthur <stephen@smcarthurlaw.com>
Cc: "ricky@smcarthurlaw.com" <ricky@smcarthurlaw.com>

OK - you s ll haven’t sent me your no ce despite mul ple requests. I’ll take that as you admi ng that you do not
have it. That and your unwillingness to resubmit and actually keep a record demonstrates your bad faith. Again,
please let me know today whether your client will retract. If not, my client will act accordingly.

Thanks,

Morgan

From: Stephen McArthur [mailto:stephen@smcarthurlaw.com]


Sent: Thursday, March 22, 2018 4:51 PM
To: Nickerson, Morgan T.
Cc: ricky@smcarthurlaw.com
Subject: Re: Notice of Improper Removal of BigMouth Product

Morgan, it's as if you're not reading written in this chain. Amazon has a record of the complaint. They emailed it below, in
writing. Notice how they never say the words "DMCA". We've told you countless times exactly what the complaint was. In
fact, you can test it out right now to see if it truly is a DMCA complaint. Send Amazon a DMCA counternotice right now
pursuant to 512(g). If it truly was a DMCA complaint (despite all the evidence in this email chain to the contrary), then
Amazon will be required, by law, to "cease disabling access" the material. Godspeed, Morgan.

Stephen Charles McArthur


11400 W. Olympic Blvd., Suite 200
Los Angeles, CA 90064
Office: (323) 639-4455

Direct: (424) 258-6815


www.smcarthurlaw.com

This email, including any attachments, may contain material that is confidential, privileged and/or attorney work product,
or inside information, for the sole use of the intended recipient. Any review, reliance or distribution by others or forwarding
without express permission is strictly prohibited and may be unlawful. If you are not the intended recipient or if you
received this message in error, please notify The McArthur Law Firm at stephen@smcarthurlaw.com and delete all
copies. Sender reserves and asserts all rights to confidentiality, including all privileges and copyrights that may apply.
Thank you.

On Thu, Mar 22, 2018 at 1:40 PM, Nickerson, Morgan T. <Morgan.Nickerson@klgates.com> wrote:

https://mail.google.com/mail/u/0?ik=f924486d97&view=pt&search=all&permmsgid=msg-f%3A1595673351688639671&dsqt=1&simpl=msg-f%3A1595… 1/9
10/2/2018 Case McArthur
1:18-cv-03307-JMS-TAB Law Mail - Notice
Document 1-4 of Filed
Improper10/26/18
Removal of BigMouth
PageProduct
3 of 10 PageID #: 48
Please send me a copy of your complaint to Amazon. I asked three mes now and you have refused. Do you even
have a record of what you sent? If not and you cannot confirm or prove what you sent, I suggest you retract the
current complaint, submi ng a patent complaint that you have a record of, and us going from there. That seems to
be a reasonable thing to do if you truly submi ed a patent complaint. If you refuse to do this and have no copy of
what you sent to Amazon, I will inform my client that Amazon’s account of what was submi ed is likely the truth.

Thanks,

Morgan

From: Stephen McArthur [mailto:stephen@smcarthurlaw.com]


Sent: Thursday, March 22, 2018 4:14 PM

To: Nickerson, Morgan T.


Cc: ricky@smcarthurlaw.com
Subject: Re: Notice of Improper Removal of BigMouth Product

You have no good faith belief. Show me anywhere in writing where Amazon has said it was a DMCA takedown. Ask
Amazon to send you the DMCA notice we supposedly filled out if you really think it exists. They can't, because we never
did, and you won't ask them because you know we didn't fill out a DMCA takedown. In addition, you have us here in
writing numerous times saying here that there was never a DMCA takedown, that it was based on a design patent, even
sending you the design patent, and then showing you exactly how the complaint was filled out for the design patent. Even
the sole email you forwarded from Amazon about our complaint does not say it is a DMCA complaint or a copyright
complaint. You have literally zero evidence that anything was a DMCA complaint and zero good faith belief.

"This seems to be a pattern with your client as the same thing occurred to P&P in the attached."

What are you talking about? Did you read the complaint? It's about design patent infringement. Nothing in there is about
the DMCA.

And I'm not sure why you believe personally threatening other attorneys with lawsuits against them personally is a good
first step to resolving a complaint. At this point, you're just sending harassing, baseless threats in the hope that Covves
will retract a legitimate design patent complaint. You have no good faith belief at all, and attempting to assert your
frivolous and unreasonable "belief" in court would likely be sanctionable conduct. And you've still not given even a single
reason as to why Covves should retract other than frivolous personal threats against Covves' attorneys. If you want to
continue this conversation, you need to pass this on to a different attorney at your firm. I'm done dealing with you and
your inappropriate personal threats against us.

Best regards,

Stephen Charles McArthur


11400 W. Olympic Blvd., Suite 200
Los Angeles, CA 90064
Office: (323) 639-4455

Direct: (424) 258-6815


www.smcarthurlaw.com

This email, including any attachments, may contain material that is confidential, privileged and/or attorney work product,

https://mail.google.com/mail/u/0?ik=f924486d97&view=pt&search=all&permmsgid=msg-f%3A1595673351688639671&dsqt=1&simpl=msg-f%3A1595… 2/9
10/2/2018 Case McArthur
1:18-cv-03307-JMS-TAB Law Mail - Notice
Document 1-4 of Filed
Improper10/26/18
Removal of BigMouth
PageProduct
4 of 10 PageID #: 49
or inside information, for the sole use of the intended recipient. Any review, reliance or distribution by others or forwarding
without express permission is strictly prohibited and may be unlawful. If you are not the intended recipient or if you
received this message in error, please notify The McArthur Law Firm at stephen@smcarthurlaw.com and delete all
copies. Sender reserves and asserts all rights to confidentiality, including all privileges and copyrights that may apply.
Thank you.

On Thu, Mar 22, 2018 at 12:46 PM, Nickerson, Morgan T. <Morgan.Nickerson@klgates.com> wrote:

Please let me know today whether you will retract. This seems to be a pa ern with your client as the same thing
occurred to P&P in the a ached. Also, given Amazon’s statement and your refusal to send what was sent (or your
lack of any record of what you submi ed), I believe there is a good faith basis to assert claims against a orney Brown
personally, McArther Law, and Covves LLC for 512f viola ons. If you can provide me what you sent Amazon and it
shows otherwise, I will so inform my client.

I look forward to receiving confirma on that your client will retract or evidence that you did not send a DMCA
complaint to Amazon.

Thank you,

Morgan

From: Stephen McArthur [mailto:stephen@smcarthurlaw.com]


Sent: Thursday, March 22, 2018 3:36 PM

To: Nickerson, Morgan T.


Cc: ricky@smcarthurlaw.com
Subject: Re: Notice of Improper Removal of BigMouth Product

Sounds like you're talking to a low level non-attorney at Amazon who doesn't know what a DMCA complaint is and
probably thinks every IP notice is a "DMCA". Not sure what to tell you. I'd ask to talk to a real lawyer there. We did not fill
out a 512 DMCA complaint. And you've not given us any reason to retract. Covves created the unicorn float and the
unicorn cupholder and registered the IP to protect it. Your client blatantly copied it and competes with a cloned product.
This is exactly what IP is in place to protect against. I'll ask my client if he'd like to retract, but I won't have any reason for
him for why he should.

Stephen Charles McArthur


11400 W. Olympic Blvd., Suite 200
Los Angeles, CA 90064
Office: (323) 639-4455

Direct: (424) 258-6815


www.smcarthurlaw.com

This email, including any attachments, may contain material that is confidential, privileged and/or attorney work product,
or inside information, for the sole use of the intended recipient. Any review, reliance or distribution by others or forwarding
without express permission is strictly prohibited and may be unlawful. If you are not the intended recipient or if you
received this message in error, please notify The McArthur Law Firm at stephen@smcarthurlaw.com and delete all
copies. Sender reserves and asserts all rights to confidentiality, including all privileges and copyrights that may apply.
Thank you.

https://mail.google.com/mail/u/0?ik=f924486d97&view=pt&search=all&permmsgid=msg-f%3A1595673351688639671&dsqt=1&simpl=msg-f%3A1595… 3/9
10/2/2018 Case McArthur
1:18-cv-03307-JMS-TAB Law Mail - Notice
Document 1-4 of Filed
Improper10/26/18
Removal of BigMouth
PageProduct
5 of 10 PageID #: 50
On Thu, Mar 22, 2018 at 12:27 PM, Nickerson, Morgan T. <Morgan.Nickerson@klgates.com> wrote:

Thanks for the advice - can you send me what you sent Amazon because it is standing by its posi on that this was a
DMCA complaint. If you do not have a record of what was submi ed, please let me know. Lastly, please let me know
whether you are going to retract.

Morgan T. Nickerson
Partner
K&L Gates LLP
State Street Financial Center
One Lincoln Street

Boston, MA 02111
T-617.261.3134
F-617.261.3175
morgan.nickerson@klgates.com

www.klgates.com

From: Stephen McArthur [mailto:stephen@smcarthurlaw.com]


Sent: Thursday, March 22, 2018 3:14 PM

To: Nickerson, Morgan T.


Cc: ricky@smcarthurlaw.com
Subject: Re: Notice of Improper Removal of BigMouth Product

Your belief is incorrect. They remove for design patent infringement all the time. I have no idea why they ignore you.
Maybe you're sending them letters instead of simply filling out their online form, which they are very responsive
to: https://www.amazon.com/report/infringement

Click through, choose "patent conerns" and "design patent" from their drop-down menu. We sent a complaint based on
the design patent I sent in my previous email. In the future, I suggest you use that form if you have a patent complaint
since that's their official method for contacting Amazon with IP concerns.

Best regards,

Stephen Charles McArthur


11400 W. Olympic Blvd., Suite 200
Los Angeles, CA 90064
Office: (323) 639-4455

Direct: (424) 258-6815


www.smcarthurlaw.com

This email, including any attachments, may contain material that is confidential, privileged and/or attorney work product,
or inside information, for the sole use of the intended recipient. Any review, reliance or distribution by others or forwarding
without express permission is strictly prohibited and may be unlawful. If you are not the intended recipient or if you

https://mail.google.com/mail/u/0?ik=f924486d97&view=pt&search=all&permmsgid=msg-f%3A1595673351688639671&dsqt=1&simpl=msg-f%3A1595… 4/9
10/2/2018 Case McArthur
1:18-cv-03307-JMS-TAB Law Mail - Notice
Document 1-4 of Filed
Improper10/26/18
Removal of BigMouth
PageProduct
6 of 10 PageID #: 51
received this message in error, please notify The McArthur Law Firm at stephen@smcarthurlaw.com and delete all
copies. Sender reserves and asserts all rights to confidentiality, including all privileges and copyrights that may apply.
Thank you.

On Thu, Mar 22, 2018 at 12:06 PM, Nickerson, Morgan T. <Morgan.Nickerson@klgates.com> wrote:

I know that Amazon will not remove for design patents infringement (I have a hard me ge ng them to recognize
exclusion orders) absent a Court order. Can you send me whatever communica on you sent to Amazon?

Morgan T. Nickerson
Partner
K&L Gates LLP
State Street Financial Center
One Lincoln Street

Boston, MA 02111
T-617.261.3134
F-617.261.3175
morgan.nickerson@klgates.com

www.klgates.com

From: Stephen McArthur [mailto:stephen@smcarthurlaw.com]


Sent: Thursday, March 22, 2018 2:01 PM

To: Nickerson, Morgan T.


Cc: ricky@smcarthurlaw.com
Subject: Re: Notice of Improper Removal of BigMouth Product

Morgan, we represented that we are agents for the rightsholder and that the seller infringes my client's design patents
filed in 2015 and 2016, long before your client's copyright date. See attached. Amazon is generally really bad about
communicating these complaints correctly to sellers. The complaint was patent related, not DMCA related.

Stephen Charles McArthur


11400 W. Olympic Blvd., Suite 200
Los Angeles, CA 90064
Office: (323) 639-4455

Direct: (424) 258-6815


www.smcarthurlaw.com

This email, including any attachments, may contain material that is confidential, privileged and/or attorney work product,
or inside information, for the sole use of the intended recipient. Any review, reliance or distribution by others or forwarding
without express permission is strictly prohibited and may be unlawful. If you are not the intended recipient or if you
received this message in error, please notify The McArthur Law Firm at stephen@smcarthurlaw.com and delete all

https://mail.google.com/mail/u/0?ik=f924486d97&view=pt&search=all&permmsgid=msg-f%3A1595673351688639671&dsqt=1&simpl=msg-f%3A1595… 5/9
10/2/2018 Case McArthur
1:18-cv-03307-JMS-TAB Law Mail - Notice
Document 1-4 of Filed
Improper10/26/18
Removal of BigMouth
PageProduct
7 of 10 PageID #: 52
copies. Sender reserves and asserts all rights to confidentiality, including all privileges and copyrights that may apply.
Thank you.

On Thu, Mar 22, 2018 at 10:55 AM, Nickerson, Morgan T. <Morgan.Nickerson@klgates.com> wrote:

No because I called them. Can you forward me what you sent to Amazon? That should clear up the issue if it wasn’t
a DMCA takedown and you didn’t represent to be the rights holder.

From: Stephen McArthur [mailto:stephen@smcarthurlaw.com]


Sent: Thursday, March 22, 2018 1:52 PM

To: Nickerson, Morgan T.


Cc: ricky@smcarthurlaw.com
Subject: Re: Notice of Improper Removal of BigMouth Product

Morgan, can you send me the correspondence with Amazon where they say we sent a DMCA takedown? I'm not seeing
that anywhere in the email you forwarded to me. This concerns us because no DMCA takedown was sent. I want to make
sure Amazon is properly communicating what is going on here.

Best regards,

Stephen Charles McArthur


11400 W. Olympic Blvd., Suite 200
Los Angeles, CA 90064
Office: (323) 639-4455

Direct: (424) 258-6815


www.smcarthurlaw.com

This email, including any attachments, may contain material that is confidential, privileged and/or attorney work product,
or inside information, for the sole use of the intended recipient. Any review, reliance or distribution by others or forwarding
without express permission is strictly prohibited and may be unlawful. If you are not the intended recipient or if you
received this message in error, please notify The McArthur Law Firm at stephen@smcarthurlaw.com and delete all
copies. Sender reserves and asserts all rights to confidentiality, including all privileges and copyrights that may apply.
Thank you.

On Thu, Mar 22, 2018 at 10:35 AM, Nickerson, Morgan T. <Morgan.Nickerson@klgates.com> wrote:

A orney McArthur,

Amazon has informed us that this takedown was in response to a DMCA no ce received from
ricky@smcarthurlaw.com. In fact, Amazon states that a orney Brown represented to Amazon that he was the
rights holder of the IP at issue. If a orney Brown’s communica on to Amazon was not intended to be a DMCA no ce
or if he (or your office) is not in fact the rights holder and instead only represents the rights holder, I ask that you
clear that up with Amazon immediately.

Nonetheless, a ached please find my client’s registra on and deposit copy as requested. The longer this pos ng is
down, the more money my client loses. While my client is not currently seeking monetary damages, if the retrac on

https://mail.google.com/mail/u/0?ik=f924486d97&view=pt&search=all&permmsgid=msg-f%3A1595673351688639671&dsqt=1&simpl=msg-f%3A1595… 6/9
10/2/2018 Case McArthur
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Document 1-4 of Filed
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Removal of BigMouth
PageProduct
8 of 10 PageID #: 53
is not made today, my client reserves its right to seek damages for the removal of its product from Amazon.

Morgan T. Nickerson
Partner
K&L Gates LLP
State Street Financial Center
One Lincoln Street

Boston, MA 02111
T-617.261.3134
F-617.261.3175
morgan.nickerson@klgates.com

www.klgates.com

From: Stephen McArthur [mailto:stephen@smcarthurlaw.com]


Sent: Thursday, March 22, 2018 12:19 PM
To: Nickerson, Morgan T.
Cc: ricky@smcarthurlaw.com
Subject: Re: Notice of Improper Removal of BigMouth Product

Morgan, this was not a DMCA takedown, so there cannot be any 512(f) liability. Please send us the copyright registration
and the deposit copy showing the exact work that is covered by that registration and we will consider your request.

Best regards,

Stephen Charles McArthur


11400 W. Olympic Blvd., Suite 200
Los Angeles, CA 90064
Office: (323) 639-4455

Direct: (424) 258-6815


www.smcarthurlaw.com

This email, including any attachments, may contain material that is confidential, privileged and/or attorney work product,
or inside information, for the sole use of the intended recipient. Any review, reliance or distribution by others or forwarding
without express permission is strictly prohibited and may be unlawful. If you are not the intended recipient or if you
received this message in error, please notify The McArthur Law Firm at stephen@smcarthurlaw.com and delete all
copies. Sender reserves and asserts all rights to confidentiality, including all privileges and copyrights that may apply.
Thank you.

On Thu, Mar 22, 2018 at 6:37 AM, Nickerson, Morgan T. <Morgan.Nickerson@klgates.com> wrote:

A orney Brown,

I represent BigMouth Inc. in intellectual property ma ers. It has come to my a en on that you have reported their
Unicorn Float for copyright infringement and their product has been removed from Amazon as a result. My client in
fact owns a copyright on this product found at registra on # VA 2-078-828. As I am sure you are aware, improper
removal of a compe ng product subjects you, your law firm, and your client to liability under 17 USC 512(f). Should it
https://mail.google.com/mail/u/0?ik=f924486d97&view=pt&search=all&permmsgid=msg-f%3A1595673351688639671&dsqt=1&simpl=msg-f%3A1595… 7/9
10/2/2018 Case McArthur
1:18-cv-03307-JMS-TAB Law Mail - Notice
Document 1-4 of Filed
Improper10/26/18
Removal of BigMouth
PageProduct
9 of 10 PageID #: 54
be discovered that you, your law firm or your client improperly removed this item, my client has the ability to seek its
actual damages in the form of lost sales and seek reimbursement of its a orneys’ fees for having to do so.

However, my client would prefer to resolve this ma er amicably and without the need to li gate the issue. As such,
my client asks that you retract this complaint today to minimize the damage that has been done by following the
retrac on procedure below. Kindly let me know today if you intend to retract your complaint. If I do not hear from
you, I will assume that you do not intend to do so.

Sincerely,

Morgan Nickerson

Morgan T. Nickerson
Partner
K&L Gates LLP
State Street Financial Center
One Lincoln Street

Boston, MA 02111
T-617.261.3134
F-617.261.3175
morgan.nickerson@klgates.com

www.klgates.com

From: "seller-evaluation@amazon.com" <seller-evaluation@amazon.com>

Subject: Warning: Notice of Intellectual Property Rights Infringement

Date: March 22, 2018 at 2:20:01 AM EDT

To: "agiglio@bigmouthinc.com" <agiglio@bigmouthinc.com>

Cc: "accounting@bigmouthinc.com" <accounting@bigmouthinc.com>

Reply-To: "seller-evaluation+C25LNHG3UJA6TF-T1A1S0Q77QK8QO@amazon.com" <seller-evaluation+


C25LNHG3UJA6TF-T1A1S0Q77QK8QO@amazon.com>

Hello,

We are contacting you because we received a report of infringement from the rights owner listed below. Sellers on
Amazon.com are not allowed to create listings or detail pages that infringe intellectual property rights. We removed the
following content:

ASIN: B078TN3WWM, BigMouth Inc. Inflatable Magical Unicorn Pool Cupholder Floats, 2-pack, Great for Parties and
Special Events

We may let you list this content again if we receive a retraction from the rights owner. Their contact information can be
found below.

https://mail.google.com/mail/u/0?ik=f924486d97&view=pt&search=all&permmsgid=msg-f%3A1595673351688639671&dsqt=1&simpl=msg-f%3A1595… 8/9
10/2/2018Case McArthur
1:18-cv-03307-JMS-TAB Law Mail - Notice
Document 1-4 ofFiled
Improper Removal of BigMouth
10/26/18 Page Product
10 of 10 PageID #: 55
Ricky Brown
ricky@smcarthurlaw.com

If the rights owner agrees to retract their complaint, they must send the retraction to us at notice-dispute@amazon.com.
If you believe that the reported content does not infringe the rights owner’s intellectual property rights, you may email
notice-dispute@amazon.com with supporting information.

We consider allegations of intellectual property infringement a serious matter and your account is under review. If we
receive more complaints about your listings, we may not allow you to sell on Amazon.com.

To learn more about this policy, search for "Intellectual Property Violations" in Seller Central Help.

Complaint ID: 1547092211

Sincerely,

This electronic message contains information from the law firm of K&L Gates LLP. The contents may be privileged and confidential and are
intended for the use of the intended addressee(s) only. If you are not an intended addressee, note that any disclosure, copying, distribution,
or use of the contents of this message is prohibited. If you have received this e-mail in error, please contact me at
Morgan.Nickerson@klgates.com.

https://mail.google.com/mail/u/0?ik=f924486d97&view=pt&search=all&permmsgid=msg-f%3A1595673351688639671&dsqt=1&simpl=msg-f%3A1595… 9/9
Case 1:18-cv-03307-JMS-TAB Document 1-5 Filed 10/26/18 Page 1 of 4 PageID #: 56

EXHIBIT 5
10/2/2018 McArthur 1-5
Case 1:18-cv-03307-JMS-TAB Document Law Mail - Your 10/26/18
Filed Amazon EnquiryPage 2 of 4 PageID #: 57

Ricky Brown <ricky@smcarthurlaw.com>

Your Amazon Enquiry


notice@amazon.com <notice@amazon.com> Sun, Apr 1, 2018 at 2:42 PM
Reply-To: notice+A3ODWWG1HQ49BN@amazon.com
To: ricky@smcarthurlaw.com

Hello,

Thank you for your message. The content that you reported as IP infringement (patent) has been removed from
Amazon.com.

You can learn more about your account health in the Performance section of Seller Central (https://sellercentral.amazon.
com/gp/seller-rating/pages/performance-summary.html)

-------------------------------------
From: ricky@smcarthurlaw.com
Sent: Thursday, March 29, 2018 11:03 AM (PDT)
Subject: Re: Your Amazon Enquiry

Dear Amazon,

I appreciate you confirming that the content was removed.

What I am asking is for is confirmation that the report came to you with "Th*e
primary complaint pertains to" *having* "PATENT CONCERNS" *with the
specific concern being "*DESIGN PATENT"* as pictured below.

Many Thanks,

Ricky Brown
400 Corporate Pointe, Suite 300
Culver City, CA 90230
(323) 639-4455
www.smcarthurlaw.com

*This email, including any attachments, may contain material that is


confidential, privileged and/or attorney work product, or inside
information, for the sole use of the intended recipient. Any review,
reliance or distribution by others or forwarding without express permission
is strictly prohibited and may be unlawful. If you are not the intended
recipient or if you received this message in error, please notify The
McArthur Law Firm at ricky@smcarthurlaw.com and
delete all copies. Sender reserves and asserts all rights to
confidentiality, including all privileges and copyrights that may apply.
Thank you.*

On Wed, Mar 28, 2018 at 11:30 PM, wrote:

> Hello,
>
> Thank you for your message. The content that you reported as IP
> infringement has been removed from Amazon.com
>
> ASIN(s): B0737CPXJT
https://mail.google.com/mail/u/0?ik=f924486d97&view=pt&search=all&permmsgid=msg-f%3A1596581672421781647&simpl=msg-f%3A15965816724… 1/3
10/2/2018 McArthur 1-5
Case 1:18-cv-03307-JMS-TAB Document Law Mail - Your 10/26/18
Filed Amazon EnquiryPage 3 of 4 PageID #: 58
> B0789L8CFR
> B0716SVQSX
> B0793GYRRJ
> B07B62291P
> B078TN3WWM
> B07B65R78Q
> B07BF38LND
> B07173N151
> Complaint ID: 1559945801
>
> Sincerely,
> Amazon.com
>
>
> -------------------------------------
> From: ricky@smcarthurlaw.com
> Sent: Sunday, March 25, 2018 7:15 PM (PDT)
> Subject: Re: Your Amazon Enquiry
>
> Amazon,
>
> I am aware that the content was removed. I am asking that you please
> confirm "design patent" was the complained of reason on the complaint form
> because one of the persons enforced against is claiming you've told them it
> was a DMCA takedown.
>
> Many Thanks,
>
> Ricky Brown
> 400 Corporate Pointe, Suite 300
> Culver City, CA 90230
> (323) 639-4455
> www.smcarthurlaw.com
>
> *This email, including any attachments, may contain material that is
> confidential, privileged and/or attorney work product, or inside
> information, for the sole use of the intended recipient. Any review,
> reliance or distribution by others or forwarding without express permission
> is strictly prohibited and may be unlawful. If you are not the intended
> recipient or if you received this message in error, please notify The
> McArthur Law Firm at ricky@smcarthurlaw.com and
> delete all copies. Sender reserves and asserts all rights to
> confidentiality, including all privileges and copyrights that may apply.
> Thank you.*
>
> On Sun, Mar 25, 2018 at 7:28 AM, wrote:
>
> > Hello,
>>
> > Thank you for your message. The content that you reported as IP
> > infringement has been removed from Amazon.com
>>
> > ASIN(s): B0737CPXJT, B0789L8CFR, B0716SVQSX, B0793GYRRJ, B07B62291P,
> > B078TN3WWM, B07B65R78Q, B07BF38LND, B07173N151
>>
> > Complaint ID: 1550514901
>>
>>
> > Sincerely,
> > Amazon.com
>>
>>
> > -------------------------------------
> > From: ricky@smcarthurlaw.com
> > Sent: Thursday, March 22, 2018 1:09 PM (PDT)
https://mail.google.com/mail/u/0?ik=f924486d97&view=pt&search=all&permmsgid=msg-f%3A1596581672421781647&simpl=msg-f%3A15965816724… 2/3
10/2/2018 McArthur 1-5
Case 1:18-cv-03307-JMS-TAB Document Law Mail - Your 10/26/18
Filed Amazon EnquiryPage 4 of 4 PageID #: 59

> > Subject: Re: Your Report of Rights Infringement on Amazon.com


>>
> > Dear Amazon,
>>
> > Can you please confirm that Complaint ID: 1547092251 was sent as a
> > complaint for infringement of Design Patent D 783,370.
>>
> > One of the parties we've enforced against claims to have spoken to you
> and
> > been told their product was removed on account of a DMCA notice rather
> than
> > an assertion of a patent right.
>>
> > Please Advise,
>>
> > Ricky Brown
> > 400 Corporate Pointe, Suite 300
> > Culver City, CA 90230
> > (323) 639-4455
> > www.smcarthurlaw.com
>>
> > *This email, including any attachments, may contain material that is
> > confidential, privileged and/or attorney work product, or inside
> > information, for the sole use of the intended recipient. Any review,
> > reliance or distribution by others or forwarding without express
> permission
> > is strictly prohibited and may be unlawful. If you are not the intended
> > recipient or if you received this message in error, please notify The
> > McArthur Law Firm at ricky@smcarthurlaw.com and
> > delete all copies. Sender reserves and asserts all rights to
> > confidentiality, including all privileges and copyrights that may apply.
> > Thank you.*
>>
> > On Wed, Mar 21, 2018 at 9:12 PM, wrote:
>>
> > > Hello,
>>>
> > > Thank you for your report of infringement. We reviewed your report and
> > > removed the following content based on the information you provided.
>>>
> > > ASIN: B0737CPXJT
> > > B0789L8CFR
> > > B0716SVQSX
> > > B0793GYRRJ
> > > B07B62291P
> > > B078TN3WWM
> > > B07B65R78Q
> > > B07BF38LND
> > > B07173N151
> > > Complaint ID: 1547092251
>>>
> > > Sincerely,
> > > Amazon.com
>>
>

https://mail.google.com/mail/u/0?ik=f924486d97&view=pt&search=all&permmsgid=msg-f%3A1596581672421781647&simpl=msg-f%3A15965816724… 3/3
Case 1:18-cv-03307-JMS-TAB Document 1-6 Filed 10/26/18 Page 1 of 10 PageID #: 60

EXHIBIT 6
Case 1:18-cv-03307-JMS-TAB Document 1-6 Filed 10/26/18 Page 2 of 10 PageID #: 61
Case 1:18-cv-03307-JMS-TAB Document 1-6 Filed 10/26/18 Page 3 of 10 PageID #: 62
Case 1:18-cv-03307-JMS-TAB Document 1-6 Filed 10/26/18 Page 4 of 10 PageID #: 63
Case 1:18-cv-03307-JMS-TAB Document 1-6 Filed 10/26/18 Page 5 of 10 PageID #: 64
Case 1:18-cv-03307-JMS-TAB Document 1-6 Filed 10/26/18 Page 6 of 10 PageID #: 65
Case 1:18-cv-03307-JMS-TAB Document 1-6 Filed 10/26/18 Page 7 of 10 PageID #: 66
Case 1:18-cv-03307-JMS-TAB Document 1-6 Filed 10/26/18 Page 8 of 10 PageID #: 67
Case 1:18-cv-03307-JMS-TAB Document 1-6 Filed 10/26/18 Page 9 of 10 PageID #: 68
Case 1:18-cv-03307-JMS-TAB Document 1-6 Filed 10/26/18 Page 10 of 10 PageID #: 69
Case 1:18-cv-03307-JMS-TAB Document 1-7 Filed 10/26/18 Page 1 of 2 PageID #: 70
JS 44 (Rev. 08/18) CIVIL COVER SHEET
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


COVVES LLC, a Limited Liability Company in the State of BIGMOUTH INC., an Indiana corporation; and BIGMOUTH LLC,
California an Indiana Limited Liability Company,
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant Hamilton
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Paul B. Overhauser, April M. Jay, OVERHAUSER LAW OFFICES
LLC, 740 West Green Meadows Drive, Ste. 300, Greenfield IN
46140 Ph. (317) 467-9100

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State

’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6


Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 485 Telephone Consumer
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) Protection Act
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) ’ 490 Cable/Sat TV
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 850 Securities/Commodities/
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) Exchange
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical ’ 890 Other Statutory Actions
Medical Malpractice Leave Act ’ 891 Agricultural Acts
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS ’ 893 Environmental Matters
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 895 Freedom of Information
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) Act
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party ’ 896 Arbitration
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 ’ 899 Administrative Procedure
’ 245 Tort Product Liability Accommodations ’ 530 General Act/Review or Appeal of
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION Agency Decision
Employment Other: ’ 462 Naturalization Application ’ 950 Constitutionality of
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration State Statutes
Other ’ 550 Civil Rights Actions
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S. Code § 271
VI. CAUSE OF ACTION Brief description of cause:
patent infringement
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
10/26/2018 s/Paul B. Overhauser
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

Print Save As... Reset


Case 1:18-cv-03307-JMS-TAB Document 1-7 Filed 10/26/18 Page 2 of 2 PageID #: 71
JS 44 Reverse (Rev. 08/18)

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. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.

V. Origin. Place an "X" in one of the seven 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.
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 – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket. PLEASE
NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in
statue.

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.
Case 1:18-cv-03307-JMS-TAB Document 1-8 Filed 10/26/18 Page 1 of 2 PageID #: 72

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the
Central District
__________ District of
of California
__________

COVVES, LLC, )
)
)
)
Plaintiff(s) )
)
v. Civil Action No. 1:18-cv-3307
)
)
)
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
Case 1:18-cv-03307-JMS-TAB Document 1-8 Filed 10/26/18 Page 2 of 2 PageID #: 73

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 1:18-cv-3307

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)


was received by me on (date) .

’ I personally served the summons on the individual at (place)


on (date) ; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual) , who is


designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

’ I returned the summons unexecuted because ; or

’ Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

Print Save As... Reset


Case 1:18-cv-03307-JMS-TAB Document 1-9 Filed 10/26/18 Page 1 of 2 PageID #: 74

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the

__________ District of __________

COVVES, LLC, )
)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
)
)
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
Case 1:18-cv-03307-JMS-TAB Document 1-9 Filed 10/26/18 Page 2 of 2 PageID #: 75

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)


was received by me on (date) .

’ I personally served the summons on the individual at (place)


on (date) ; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual) , who is


designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

’ I returned the summons unexecuted because ; or

’ Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

Print Save As... Reset

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