Surfaces Southeast v. J Sonic Servs. - Complaint

Case 1:19-cv-20300-FAM Document 1 Entered on FLSD Docket 01/22/2019 Page 1 of 6
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA
SURF ACES SOUTHEAST, INC.,
Plaintiff, CIVIL CASE NO.: ~~~~~~~~~
V. DEMAND FOR JURY TRIAL

J. SONIC SERVICES INC.,
Defendant.
COMPLAINT FOR DECLARATORY JUDGMENT

Plaintiff, Surfaces Southeast, Inc. ("Surfaces") brings this action for declaratory judgment
against Defendant, J. Sonic Services Inc. ("JSS"), and alleges the following:
NATURE OF THE ACTION
1. This is a civil action, pursuant to 28 U.S .C. §§ 2201-02, seeking a declaratory
judgment ofunenforceability and non-infringement of U.S. Copyright Registration No. VA 1-937-
600 (the "'600 Registration"), attached hereto as Exhibit A.
PARTIES
2. Surfaces is a Florida corporation having a principal place of business at 3009 NW
75th Avenue, Miami, FL 33122.
3. Surfaces is a supplier of products, including the Elida Ceramica BLENDED
LUXOR LINEAR GLASS Linear Mosaic Wall Tile, the product alleged by JSS to be infringing
the '600 Registration (the "Accused Product"), to retailers including Lowe's Companies, Inc.
("Lowe' s"). Pursuant to an agreement with Lowe ' s, Surfaces has agreed to indemnify and defend
Lowe's against certain claims made relating to those products.

4. On information and belief, JSS is a foreign corporation having a principal place of
business at 6869 Henri-Bourassa Blvd W, Saint-Laurent, QC H4R lEl, Canada.
5. On information and belief, JSS sells home improvement products throughout the
United States, including, inter alia, throughout the State of Florida.
JURISDICTION AND VENUE
6. This action arises under the Declaratory Judgment Act, 28 U.S.C. §§ 2201-02, and
the Copyright Act, 17 U.S.C. §§ 101 et seq.
7. This Court has original jurisdiction over the subject matter of this action pursuant
to 28 U.S.C. §§ 1331, 1338(a), and 2201.
8. JSS is subject to personal jurisdiction in the State of Florida pursuant to Rule
4(k)(2) of the Federal Rules of Civil Procedure. JSS is engaged in substantial activity with the
United States, including regularly soliciting business from, doing business with, and deriving
substantial revenue from the sale of goods to, businesses and consumers within the United States.
9. According to the JSS website (https://www.jsonic.ca/), JSS is one of the leading
flooring and tile manufactures in North America. To that end, JSS provides home improvement
products to retailers throughout the United States. By way of example, JSS is a supplier of
products to Costco Wholesale Corporation, which is one of the largest retailers in United States,
and has retail locations throughout the United States, including in Florida. On information and
belief, JSS likewise owns and/or leases warehouses located throughout the United States in which
it imports and stores substantial amounts of its products, including a warehouse located in
Jacksonville, Florida. Thus, JSS has sufficient contacts with the United States as a whole to satisfy
due process standards, but JSS lacks sufficient contacts with any other single state in the United
States to establish jurisdiction there. Accordingly, JSS is subject to personal jurisdiction in the
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State of Florida pursuant to Rule 4(k)(2) of the Federal Rules of Civil Procedure.
10. Venue is proper in this judicial district pursuant to 28 U.S.C. § 139l(b)(2) because
a substantial part of the events giving rise to the claims alleged herein occurred in this judicial
district. Venue is also proper in this district pursuant to 28 U.S.C. §§ 1391(b)(3) and (c)(3)
because, on information and belief, JSS is a foreign corporation that does not reside in the United
States and thus may be sued in any judicial district.
BACKGROUND
11. The ' 600 Registration is entitled "Tile Pattern (Design VG 114 design 8)" and has
an effective date of registration of November 18, 2013. The Copyright claimant is listed as J.
Sonic Services Inc.
12. On or around October 19, 2018, JSS sent a " cease and desist" letter accusing
Lowe's and its supplier, Surfaces, of offering and selling products that were similar to the design
disclosed in the '600 Registration. More specifically, JSS alleges that the Accused Product
infringes the ' 600 Registration. A true and correct copy of JSS 's letter is attached hereto as Exhibit
B.
13. In this letter, JSS demanded that Lowe' s and Surfaces immediately cease and desist
from offering for sale and selling the Accused Product by threat of litigation. JSS further warned
that it takes "infringement of its intellectual property very seriously and actively enforces its patent
and copyright rights." See Exhibit B. This cease and desist letter directly implicates Surfaces as
the supplier and indernnitor of the Accused Product.
14. Surfaces believes that, JSS 's allegations notwithstanding, it is legally entitled to
continue to offer for sale and sell the Accused Product. But Surfaces has a reasonable
apprehension that it will be sued by JSS if it continues to offer for sale and sell the Accused
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Product. Moreover, leaving JSS's allegations unresolved risks damage to Surfaces' existing and
future business.
15. Accordingly, an actual controversy exists between the parties with respect to the
infringement of the '600 Registration alleged by JSS.
COUNT ONE
(Declaratory Judgment of unenforceability of the '600 Registration)
16. Plaintiff restates and incorporates by reference the foregoing allegations, as if fully
set forth herein.
17. An actual, justiciable controversy exists as JSS has alleged that the Accused
Product infringes the '600 Registration. JSS has further stated that if Plaintiff or Lowe's continue
to make, use, offer to sell, or sell the Accused Product that it will seek legal action against Plaintiff
by asserting the ' 600 Registration.
18. The '600 Registration is unenforceable against the Accused Product because the
subject matter of the registration fails to meet the requirements set forth in 17 U.S.C. §§ 101 et
seq. for copyright protection. By way of example, the '600 Registration is unenforceable to the
extent it covers subject matter that the Copyright Act, pursuant to 17 U.S.C. §§ 101 and l 13(b),
considers a "useful article" and thus is not subject to copyright protection. The Accused Product
is an example of such a useful article.
19. Therefore, pursuant to the Declaratory Judgment Act, 28 U .S.C. §§ 2201-02,
Plaintiff is entitled to a declaratory judgment that the ' 600 Registration is unenforceable against
the Accused Product.
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COUNT TWO
(Declaratory Judgment of non-infringement of the '600 Registration)
20. Plaintiff restates and incorporates by reference the foregoing allegations, as if fully
set forth herein.
21. The Accused Product is not a copy of, or substantially similar to, the design
disclosed in the '600 Registration. Rather, the Accused Product, as a three-dimensional useful
article, is substantially different than a two-dimensional drawing or layout of a pattern (such as the
design disclosed in the '600 Registration). For other reasons, the Accused Product is not a copy
of the design disclosed in the '600 Registration. For example, the '600 Registration purports to
include two tile pieces that are absent in the Accused Product. Further, the '600 Registration shows
crisp square comers for the individual tile pieces, which are absent in the Accused Product. Thus,
the Accused Product does not infringe the ' 600 Registration.
22. Therefore, pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201-02,
Plaintiff is entitled to a declaratory judgment that the Accused Product does not infringe the ' 600
Registration.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for the following relief:
A. A declaratory judgment that the '600 Registration is unenforceable against the
Accused Product;
B. A declaratory judgment that the Accused Product does not infringe the ' 600
Registration;
C. An order awarding Plaintiff its costs, expenses, and reasonable attorneys ' fees
as permitted by law; and
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D. Such other and further relief as the Court deems just and proper.
DATED: January 22, 2019 Respectfully submitted,
/s/ Christopher E. Knight

Christopher E. Knight
Fla. Bar No: 607363
Helaine S. Goodner
Fla. Bar No. 462111
Fowler White Burnett, P.A.
1395 Brickell Avenue, 14th Floor
Miami, Florida 33131
Tel: (305) 789-9200
cknight@fowler-white.com
hgoodner@fowler-white.com
Greg J. Carlin (pro hac vice admission to be

applied for)
Trey Levie (pro hac vice admission to be
applied for)
MEUNIER CARLIN & CURFMAN LLC
999 Peachtree Street, NE, Suite 1300
Atlanta, Georgia 30309
Tel: (404) 645-7700
gcarlin@mcciplaw.com
tlevie@mcciplaw.com
Attorneys for Plaintiff Surfaces Southeast,

Inc.
-6-
Case 1:19-cv-20300-FAM Document 1-1 Entered on FLSD Docket 01/22/2019 Page 1 of 2
EXHIBIT A
Certificate of Registration
Th is Certificate issued under the seal of the Copyright
Office in accordance with title 17, United States Code,
attests that registration has been made for the work
identified below. The information on this certificate has
been made a part of the Copyright Oflicc records. Registration Number
VA 1-937-600
Effective date of
registration:
Register of Copyrights. United States of America
November 18, 2013
Title-----------------------------
Title of Work: Tile Pattern (Design VG 114 design 8)
Completion/Publication
Year of Completion: 2012
Date of lst Publication: August 22, 2012 Nation of 1st Publication: United States
Author
• Author: Morelli Designers Inc .
Author Created: 2-D artwork
Work made for hire: Yes

Citizen of: Canada Domiciled in: Canada
Copyright claimant
Copyright Claimant: J. Sonic Services Inc.
6869 Henri-Bourassa Blvd., West, St. Laurent, Quebec, H4R IEl, Canada
Transfer Statement: By written agreement
Certification
Name: Granetta M. Coleman
Date: November 18, 2013
Applicant's Tracking Number: 1817.023
Correspondence: Yes
Page I of I
EXHIBIT B
SAIDMAN
DesignlawGroup ·
Via UPS
October 19, 2018
Ross W. McCanless
•
A law firm
Executive Vice President, General Counsel and Corporate Secretary
that concentrates
LOWE'S HOME IMPROVEMENT- CORPORATE OFFICE
1000 Lowes Blvd: on legal issues
Mooresville, Nti8117
involving designs,
Re: Patent and Copyright Infringement product

Our ref: 1817.041
configurations
Dear Mr. McCanless: and related
intellectual
We represent J. Sonic Services, Inc. of St. Laurent, QC, Canada ("J. Sonic"). J..
Sonic designs, manufactures and sells a distinctive line of decorative tiles which are property
covered by a United States patents and copyrights, including U.S. Pat. No. D701,976
. and U.S. Copyright Registration No. VA 1-937-600, copies of which we enclose.
J. Sonic is aware that Lowe's Inc. ("Lowe's") is offering and selling unauthorized tiles
that appear substantiallyidentical as J. Sonic's patented and copyrighted design. Such
unauthorized products include "Elida Ceramica BLENDED LUXOR LINEAR GLASS
Linear Mosa!c Wall Tile'~ as· advertised on your website at .
https://www.lowes.com/pd/Elida-Cerarrlica-Blended-Luxor-Linear-Mosaic-Glass-Wall-
Tile-Common-12~in-x-12-in-Actual-11-81-in-x-12-01-in/1000382837.
Such acts constituteinfringement of the noted J. Sonic intellectual property.
J. Sonic demands that Lowe's immediately cease and desist from offering and
.selling the above-noted product and any si.milar unauthorized, third-party tiles that
fall within the scope of J. Sonic' s noted patent and copyright. In addition, so that we
may attempt to resolve this matter short of litigation, please provide us with the
following information:
1. A written representation that Lowe's has ceased to import, sell, and

offer to sell the noted Elida Ceramica BLENDED LUXOR LINEAR
'- " '
• Saidman Design Law Group, LLC · • Looks Matter. Legally® .

Lee Plaza, Suite 603
8601 Georgia Avenue
Silver Spring, MD 20910, USA
301~585-8601 · !Ill 301-585-0138 fax
www.designlawgroup.com
, •& Ross W. McCanless

• , Executive Vice President, Gen~ral Counsel artd Corporate Secretary
LOWE'S HOME IMPROVEMENT - CORPORATE OFFICE
October i9, 2m8
Page Two.
' '
GLASS LinearMosaic Wall Tiles, and all other products similar
thereto;
2. The number of Elida Ceramica BLENDED LUXOR LINEAR GLASS

Linear Mosaic Wall Tiles that Lowe's has: ,(a) sold; (b) currently has in
inventory;
_,-'
and (c) has on order or in transit;
3. The wholesale price paid by Lowe's to its supplier for the Elida
Ceramica BLENDED LUXOR LINEAR GLASS Linear Mosaic Wall
Tiles, andthe average selling price, of same;
4. The correspondence addresses of your supplier (which we assume to

be Elida Ceramica) and manufacturer(s) of the Elida Ceramica
BLENDED LUXOR LINEARGLASS·Linear Mosaic Wall Tiles, and of
any and all intermediaries betWeen the manufacturer, supplier and
Lowe's.
J. Sonic takes infringement of itsintellectual property very seriously and

actively enforces its patent and copyright rights. Within 14 days from the date of
this letter, i.e., by November 2, 2018, please contact me with the information
requested above. lfyou need further information~ let me know.
J. Sonic expressly res~rves all rights and remedies it has against you and your
company.
Sincerely,·
~v~
Sai~~:
Perry J. ,
pen-y.saidrnan@design,/awgroup.com
Enclosures
cc: J. SONIC, LTD. (w/out encl)
P: \DATA\ Clients\ 1817\ 041 \Lowe's cease and desist 101918.docx
Illlll llllllll Il lllll llllll llll lllll lllll lllll lllll lllll lllllll I lllll llll
USOOD7019768
c12) United States Design Patent (10) Patent No.: US D701,976 S

Vidal Soler (45) Date of Patent: ** Apr. 1, 2014
(54) TILE PATTERN D668,358 S 10/2012 Elmaagacli

2004/0211145 Al* 10/2004 Montolio ........................ 52/578
2007/0137128 Al 6/2007 Viau et al.
(71) Applicant: J. Sonic Services, Inc., St. Laurent (CA)
FOREIGN PATENT DOCUMENTS
(72) Inventor: Thomas Vidal Soler, Montreal (CA)
CN 3204404 10/2001
(73) Assignee: J. Sonic Services Inc. (CA) CN 3204410 10/2001
CN 3379894 7/2004
(**) Term: 14 Years CN 3451616 612005
CN 301006486 9/2009
CN 301292421 7/2010
(21) Appl. No.: 29/439,804 CN 301770640 12/2011
EM 000411269-0006 11/2005
(22) Filed: Dec. 14, 2012 EM 000411269-0007 1112005
EM 000411269-0008 11/2005
(51) LOC (10) Cl. ................................................ 25-01 EM 00049 5148-0003 4/2006
(52) U.S. Cl. EM 000733084-0008 7/2007
USPC ............................................. D25/151; D5/62 EM 000891437-0006 4/2008
EM 000923925-0001 6/2008
(58) Field of Classification Search EM 001814120-0002 2/2011
USPC ......... D25/138, 149, 151; 428/49, 48, 50, 52; EM 001939547-0008 11/2011
52/311.1, 311.2, 316, 311.3, 314, 384, EM 001939547-0011 11/2011
52/385, 389; D5/4, 62 JP Dl251502 912005
KR 300452828.0000 6/2007
See application file for complete search history. KR 300480235.0000 2/2008
KR 300631923 .0000 3/2012
(56) References Cited KR 300638981.0000 4/2012
U.S. PATENT DOCUMENTS * cited by examiner
415,772 A 11/1889 Fiske Primary Examiner - Doris Clark

D70,069 S * 511926 Cartwrigt ......................... D5/62 (74) Attorney, Agent, or Firm -SAIDMAN DesignLaw
2,122,577 A * 7/1938 Mattesetal. ................... 52/314 Group
Dl24,014 S 12/1940 Coburn
3,524,790 A 8/1970 Mason
D239,276 S * 3/1976 Terwilliger .................. D25/15 l (57) CLAIM
D248,779 S 8/ 1978 Demetrovics The ornamental design for a tile pattern, as shown and
D248,780 S * 8/ 1978 Sears, Jr. .. .... .. .... .. ...... .. D25/ 151 described.
D330,435 S l 0/ 1992 Dukart et al.
5,755,068 A 511998 Ormiston DESCRIPTION
D492,426 S 6/2004 Strickler
6,782,670 B2 * 8/2004 Wendt ........................ 52/506.07
D541,053 S * 4/2007 Sanders .... .. .... .. .. .... .. .. ..... D5/62 The sole drawing FIGURE is a front view of a tile pattern
7,647,738 B2 l/20 l 0 N asvik showing my new design.
D618,367 S 6/20 l 0 Schwarz et al. Thickness forms no part of the claimed design. The light grey
D622,419 S 8/2010 King
shading does not indicate color or contour but shows the solid
D622,420 S 8/2010 King
7,823,358 B2 11/2010 Mcstay nature of the individual tiles in the tile pattern.
D656,249 S 3/2012 Elmaagacli
8,256,179 B2 9/2012 Nasvik 1 Claim, 1 Drawing Sheet
U.S. Patent Apr.1, 2014 US D701,976 S

Design VG114 design 8
I
II
11
II
11 11
II
I
11 11 11
I I I I
II I
II
11
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Certificate of Registration
Th is Certificate issued under the seal of the Copyright
Office in accordance with title 17, United States Code,
attests that registration has been made for the work
identified below. The information on this certificate has
been made a part of the Copyright Oflicc records. Registration Number
VA 1-937-600
Effective date of
registration:
Register of Copyrights. United States of America
November 18, 2013
Title-----------------------------
Title of Work: Tile Pattern (Design VG 114 design 8)
Completion/Publication
Year of Completion: 2012
Date of lst Publication: August 22, 2012 Nation of 1st Publication: United States
Author
• Author: Morelli Designers Inc .
Author Created: 2-D artwork
Work made for hire: Yes

Citizen of: Canada Domiciled in: Canada
Copyright claimant
Copyright Claimant: J. Sonic Services Inc.
6869 Henri-Bourassa Blvd., West, St. Laurent, Quebec, H4R IEl, Canada
Transfer Statement: By written agreement
Certification
Name: Granetta M. Coleman
Date: November 18, 2013
Applicant's Tracking Number: 1817.023
Correspondence: Yes
Page I of I
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
SouthernDistrict
__________ Districtof
of__________
Florida
)
)
)
)
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
CIVIL COVER SHEET
JS 44 (Rev. 06/ 17) FLSD Revised 06/01 /2017
The JS 44 civil cover sheet and the information contained herein ne ither replace nor supplement the fil ing and service of plead ings or other papers as required by law, except as
provided by local rules of court. TI1is 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. (Sli li: INSTIWCl'lONS ON NliXl' l'AGE OF THIS FORM.) NOTICE: Attorneys MUST Indica tt All Re-fil ed Case Below.
I. (a) PLAINTIFFS SURFACES SOUTHEAST, INC. DEFENDANTS J. SONIC SERVICES INC.
(b) County of Residence ofFirst Listed Plaintiff Dade County of Residence of First Listed Defendant
(EXCEPT JN U.S. PLAINTJFF CASES) (JN 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)
Fowler White Burnett, P.A., 1395 Brickell A venue, 14th Floor,

Miami, Florida 33131, Telephone: (305) 789-9200
( d) Check County Where Action Arose: gl' MIAMI- OADE 0 MONROE 0 BROWARD 0 PALM BEACH 0 MARTIN 0 ST, LUCIE 0 INDIAN RIVER 0 OKEECHOBEE 0 HIGHLANDS
II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box/or Plaintiff)
(For Diversity Cases Only) and One Box for Defendant)
D l U. S. Government Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State D l DI Inco'l'orated or Principal Place D 4 D4
of Business In This State
D 2 U.S. Government 04 Diversity Cilizen of Another State 02 D 2 Inco'l'orated and Principal Place D 05
Defendant (Indicate Citizenship of Parties in Item Ill) of Business In Another State
Citizen or Subject ofa 03 D 3 Foreign Nation D 6 06

Foreign Country
IV. NATU RE 0 F SUIT (Place an "X" In One Box Only) C lick here for: Nalw·c of Snit Code Dcscriplil)llS
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
DI JO Insurance PERSONAL INJURY PERSONAL INJURY 0 625 Drug Related Seizure D 422 Appeal 28 use 158 D 375 False Claims Act
D 120 Marine D 310 Ai'l'lane D 365 Personal Injury - of Property 2 l USC 88 l D 423 Withdrawal 0 376 Qui Tam (31 USC
0 130 Miller Act D 315 Ai'l'lane Product Product Liabilily D 690 Other 28 USC 157 3729 (a))
D 140 Negotiable Instrument Liability D 367 Health Care/ D 400 State Reapportionmenl
D 150 Rec overy ofOve'l'ayment D 320 Assault, Libel & Phannaceutical PROPERTY RIGHTS D 410 Antitrust
& Enforcement of Judgment Slander Personal Injury lia 820 Copyrights D 430 Banks and Banking
D 151 Medicare Act D 330 Federal Employers' Product Liabilily D 830 Patent D 450 Commerce
D l 52 Recovery of Defaulted Liability D 368 Asbestos Personal D 835 Paten! - Al>brovin1od D 460 Deportation
New Drus Applio111 on
Student Loans D 340 Marine Injury Product D 840 Trademark D 4 70 Racketeer Influenced and
(Exel. Veterans) D 345 Marine Product Liabilily LABOR SOCIAL SECURITY Comipt Organizations
D 153 Recovery ofOve'l'ayment Liability PERSONAL PROPERTY 0 710 Fair Labor Standards D 861 HIA (1395ft) D 480 Conswner Credit
of Veteran's Benefits D 350 Motor Vehicle D 3 70 Other Fraud Act D 862 Black Lung (923) D 490 Cable/Sat TV
D 160 Stockholders' Suits D 355 Motor Vehicle D 3 7 l Truth in Lending D 720 Labor/Mgmt. Relations 0 863 OIWC/DIWW (405(g)) D 850 Securities/Commodities/
D 190 Other Contract Product Liability D 380 Other Personal D 740 Railway Labor Act 0 864 SSID Title XVI Exchange
D 195 Contract Product Liability D 360 Other Personal Property Damage D 751 Family and Medical 0 865 RSI (405(g)) D 890 Other Statutory Actions
D l 96 franchise Injury D 385 Property Damage Leave Act D 89 I Agricultural Acts
D 362 Personal Injury - Product Liabilily D 790 Other Labor Litigation D 893 Environmental Matters
Med Malpractice D 791 Empl. Ret. Inc. D 895 Freedom oflnformation
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS Securily Act FEDERAL TAX SUITS Act
D 2 I 0 Land Condemnation D 440 Other Civil Rights Habeas Corpus: D 870 Taxes (U.S. Plaintiff D 896 Arbilration
D 220 Foreclosure D 441 Voting D 463 Alien Detainee or Defendant) D 899 Administrative Procedure
D 230 Rent Lease & Ejectment D 442 Employmenl D 510 Motions to Vacate D 871 IRS-Third Party 26
Act/Review or Appeal of
Sentence use 7609
D 240 Torts lo Land D 443 Housing/ Other: Agency Decision
Accommodations
D 245 Tort Product Liability D 445 Amer. w/Disa bilities - 0 530 General IMMIGRATION D §~tu~~nstitutionality of State
D 290 All Other Real Property Employment 0 535 Death Penalty D 462 Naturalization Application
D 446 Amer. w/Disabilities - D 540 Mandamus & Other D 465 Other Immigration
Other D 550 Civil Rights Actions
D 448 Education D 555 Prison Condition
560 Civil Detainee -
D Conditions of
Confinement
V. ORIGIN (Place an "X" in One Box Only)
l'.J I Original D 2 Removed D 3 Re-tiled D Reinstated D 5 Transferred from D 6 Muh ldlstrict
07 Appeal to
Proceeding from State (! ee VI or another district Litigotion Remanded fro m
(specify) Trans for District Judge Appell ate Court
Court iiclow) Reopened
fro m Magistrate
Jud nt
VI. RELATED/ (See instructions): a) Re-filed Case oYES D NO b) Related Cases oYES o NO
RE-FILED CASE(S) JUDGE: DOCKET NUMBER:
Cite the U.S. Civil Statute under which you are filing and Write a Brief Statement of Cause (Do not c/Jejurisdlctionul statutes unless diversity):
VII. CAUSE OF ACTION
LENGTH OF TRIAL via days estimated (for both sides to trx entire case)
VIII. REQUESTED IN D CHECK IF IBIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER F.R.C .P. 23
JURY DEMAND: ..tJ Yes DNo
ABOVE INFORMATION IS TRUE & CORRECT TO T HE BEST OF 1Y KNOWLEDGE
DATE ~NATUREOFATIORNl!YOFRECORD
January 22, 2019
~~
FOR OFF ICE USE ON LY
RECEIPT# AMOUNT IFP JUDGE MAG JUDGE

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Case 1:19-cv-20300-FAM Document 1 Entered on FLSD Docket 01/22/2019 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT

SURF ACES SOUTHEAST, INC.,

Plaintiff, CIVIL CASE NO.: ~~~~~~~~~

V. DEMAND FOR JURY TRIAL

COMPLAINT FOR DECLARATORY JUDGMENT

NATURE OF THE ACTION

1. This is a civil action, pursuant to 28 U.S .C. §§ 2201-02, seeking a declaratory

judgment ofunenforceability and non-infringement of U.S. Copyright Registration No. VA 1-937-

600 (the "'600 Registration"), attached hereto as Exhibit A.

2. Surfaces is a Florida corporation having a principal place of business at 3009 NW

75th Avenue, Miami, FL 33122.

3. Surfaces is a supplier of products, including the Elida Ceramica BLENDED

Lowe's against certain claims made relating to those products.

4. On information and belief, JSS is a foreign corporation having a principal place of

business at 6869 Henri-Bourassa Blvd W, Saint-Laurent, QC H4R lEl, Canada.

United States, including, inter alia, throughout the State of Florida.

JURISDICTION AND VENUE

the Copyright Act, 17 U.S.C. §§ 101 et seq.

to 28 U.S.C. §§ 1331, 1338(a), and 2201.

8. JSS is subject to personal jurisdiction in the State of Florida pursuant to Rule

9. According to the JSS website (https://www.jsonic.ca/), JSS is one of the leading

States and thus may be sued in any judicial district.

Sonic Services Inc.

the supplier and indernnitor of the Accused Product.

infringement of the '600 Registration alleged by JSS.

(Declaratory Judgment of unenforceability of the '600 Registration)

set forth herein.

by asserting the ' 600 Registration.

is an example of such a useful article.

19. Therefore, pursuant to the Declaratory Judgment Act, 28 U .S.C. §§ 2201-02,

the Accused Product.

(Declaratory Judgment of non-infringement of the '600 Registration)

set forth herein.

22. Therefore, pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201-02,

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for the following relief:

A. A declaratory judgment that the '600 Registration is unenforceable against the

as permitted by law; and

DATED: January 22, 2019 Respectfully submitted,

/s/ Christopher E. Knight

Greg J. Carlin (pro hac vice admission to be

Attorneys for Plaintiff Surfaces Southeast,

Work made for hire: Yes

Transfer Statement: By written agreement

October 19, 2018

Re: Patent and Copyright Infringement product

Dear Mr. McCanless: and related

1. A written representation that Lowe's has ceased to import, sell, and

• Saidman Design Law Group, LLC · • Looks Matter. Legally® .

, •& Ross W. McCanless

2. The number of Elida Ceramica BLENDED LUXOR LINEAR GLASS

4. The correspondence addresses of your supplier (which we assume to

J. Sonic takes infringement of itsintellectual property very seriously and

c12) United States Design Patent (10) Patent No.: US D701,976 S

(54) TILE PATTERN D668,358 S 10/2012 Elmaagacli

U.S. PATENT DOCUMENTS * cited by examiner

415,772 A 11/1889 Fiske Primary Examiner - Doris Clark

U.S. Patent Apr.1, 2014 US D701,976 S

Design VG114 design 8

Work made for hire: Yes

Transfer Statement: By written agreement

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

UNITED STATES DISTRICT COURT

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.