ANGELA VIDAL, ESQ.

, #035591997
201 Strykers Road
Suite 19-155
Phillipsburg, New Jersey 08865
(908)884-1841 telephone
(908)213-9272 facsimile
Attorney for Plaintiff, Kinekt Design, LLC

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY
CIVIL CASE NO.

KINEKT DESIGN, LLC,

VERIFIED COMPLAINT
Plaintiff,
vs.
JAMES FERUGHELI,
Defendant.

COMPLAINT FOR PATENT AND TlUUEMARK INFRINGEMENT

Plaintiff,

Kinekt

liability corporation,

Design,

LLC,

New

Jersey

by and through its attorney,

Verified Complaint against the Defendant,

limited

by way of

James Ferugheli,

says

as follows:

JURISDICTION AND VENUE

1.

This

infringement,
U.S.C.

Subject

1114,

matter

is

an

injunctive
15

U.S.C.

action
relief

and
and

1125

jurisdiction

for

is

patent
damages

35

U.S.C.

therefore

and

trademark

pursuant
271,

conferred

to

15

et

seq.

upon

this

I
Court

pursuant

u.s.c.

1338.

2.

to

the

provisions

of

28

1331

U.S. C.

and

28

This Court has personal jurisdiction over the Defendant

because

Defendant

is

resident

of

this

judicial

Defendant directs his business activities towards,

business with,

district,

and conducts

consumers within this judicial district and the

producta that are the aubject of thia action were, and continue
to be, sold to consumers in the State of New Jersey.
3.

Venue

is

proper

in

this

judicial

district

under

28

U.S.C. 1391, as Defendant resides in this judicial district, a

substantial

part

of

the

occurred in this district,

sell,

products

that

trademark within

events

rise

to

the

claims

Defendant has sold, and continues to

infringe

this

giving

upon

district,

Plaintiff's

Defendant

patent

conducts

and

infringing

activities and causes harm within this district and the property
that

is

the

subject

of

this

action,

the

patent

and

the

Patent

and

trademark, are situated in this district.

THE PATENT AND TRADEMARK

4.

On

August

28,

2012,

the

United

States

Trademark Office duly and legally issued United States

Design

Patent No.

D666, 1168

(hereinafter referred to as the "Patent")

to

Liberman,

Julie

Rachel

Liberman

and

design of an ornamental gear necklace

as

the

"Gear Necklace") .

The
2

Lucas

Taylor

for

the

(hereinafter referred to

inventors

assigned all

right,

title

and interest

Design,

in and to the

Patent

to

Plaintiff,

Kinekt

The Design Patent is attached hereto as "Exhibit

LLC.

A.,

5.

Plaintiff

has

placed

notice

of

said

Patent

on

marketing and other informational material related to the Gear

Necklace.
6.

Plaintiff's

published on
final

July

utility patent

31,

2014,

and

for

the

Plaintiff

Gear Necklace was

is

simply awaiting

registration from the United States Patent and Trademark

Plaintiff also

Office.

holds

patents

for

the

Gear Necklace

from several other countries as well.

7.

On

November

20,

2012,

the

United

States

Patent

and

Trademark Office duly and legally issued trademark Registration

Number

4246139

to

Kinekt

Design,

LLC

for

the

(hereinafter referred to as the "Trademark").

Gear

Necklace

The Trademark is

attached hereto as "Exhibit B."

8.

Plaintiff

copyright

for

all

has

also

the

Kinektdesign. com since

applied

content

the

granting

for

which
of

second

has
its

been

initial

registered
added

to

copyright,

which includes images of the Gear Necklace.

9.
avenue

Plaintiff has therefore followed each and every legal

available

to

it

to

protect

rights in the Gear Necklace.

its

intellectual

property

THE PARTIES

10.

Plaintiff, Kinekt Design, LLC (hereinafter referred to

as "Kinekt" or the "Plaintiff")

is a limited liability company

of the State of New Jersey with its principal place of business

located at 184 South Livingston Avenue, Suite 9-239, Livingston,
New Jersey 07039.
11.

Defendant,

at 31 Carson Road,
purchasing

James Ferugheli,

Budd Lake,

counterfeit

is an individual residing

New Jersey 07828,

"gear

necklace"

that has been

products

from

China

through the website known as [Link] and then advertising,

marketing,

offering

for

sale,

selling

and

distributing

these

counterfeit products in the United States and in this judicial

district, in violation of Kinekt's Patent and Trademark.
FACTS COMMON TO ALL COUNTS

12.
money and

Plaintiff has expended a significant amount of time,

other

resources

to

develop,

produce,

advertise

and

otherwise promote the Gear Necklace and has taken any and all
steps necessary to protect its rights and interests in and to
the Gear Necklace,
Plaintiff

has

both in this

extensively

country and internationally.

marketed

and

promoted

the

Gear

Necklace, and each and every Gear Necklace product, as well as

all

promotional

Necklace

is

materials,

protected

by

advise
the

of

the

Patent

fact
and

that

the

Gear

Trademark,

and

Plaintiff's

website

clearly

indicates

that

all

images

are

protected by copyright.
13.

Plaintiff is a small, start-up company which has grown

its business based on its ingenuity in inventing the patented

Gear

Ring

and

now,

the

Gear

Necklace,

as

well

as

its

expenditure of significant resources to protect its invention.

Thus

far,

however,

Plaintiff

has

failed

to

reach

its

full

business profit potential because of constant unlawful copying

of

Plaintiff's

which

duplicate

designs,

manufacturing

Plaintiff's

patented

of

counterfeit

designs,

and

products
sales

of

counterfeit products.
14.

Plaintiff has been using the Gear Necklace mark in

interstate

commerce

to

identify

and

distinguish

Plaintiff's

product and the mark has never been assigned or licensed to any
third party.

Plaintiff prides itself on its use of high quality

materials and attention to detail in the manufacture of the Gear

Necklace,

and

because

of

its

uniqueness

and

the

superior

quality of the materials used to construct the Gear Necklace,

Plaintiff sells the Gear Necklace at a

price of One Hundred

Eighty-Five Dollars ($185.00) per necklace.

15.
discovered

Unfortunately,
what

unique

other

individuals

and

entities

and

interesting

product

the

have
Gear

Necklace is and how much of a demand there is for the product

and

have

decided

to

capitalize

on

Plaintiff's

efforts

in

inventing and developing the Gear Necklace.

that

16.

In particular,

have

found

Necklace,

using

there are several factories

way to duplicate
inferior

Plaintiff's

materials

and

in China

patented Gear

shoddy

construction.

These factories sell these counterfeit "gear necklace" products

on the

Internet,

oftentimes

in batches,

cost of a genuine Gear Necklace.

for a

fraction of the

The majority of these sales

take place through the websites known as Aliexpress. com and/or

Alibaba. com,

which are

online marketplace

or e-commerce

sites

catering to predominantly Chinese manufacturers.

17.

Third parties,

in this case,

the Chinese factories,

post and advertise their products on Aliexpress or Alibaba, and

the

sales

are

processed

by

the

operators

Alibaba and/ or their payment processor,

orders

are

then

fulfilled

and

the

of

Aliexpress

known as Ali pay.

products

delivered

by

or
The
the

third parties advertising the products.

18.
products,

Purchasers

of

these

counterfeit

"gear

necklace"

which were manufactured by the Chinese factories and

advertised on, and purchased from, Aliexpress and Alibaba,

then

re-sell the counterfeit products on United States-based online

marketplace
Shapeways,

or

e-commerce

Craig's List,

sites,

Amazon,

such

etc.,

as

eBay,

Google,

for much less than the

This is what Defendant has

price of a genuine Gear Necklace.

done in this case.
19.

Because

of

the

of

pr~valence

infringement

of

Plaintiff's product and the resultant damage being suffered by

Plaintiff,

Plaintiff

copying of its
products.
to

is

vigilant

in

product design and

searching

sales

for

of these

unlawful

counterfeit

Plaintiff's first line of defense in each instance is

contact

the

website

counterfeit products

are

where

the

located,

advertisements

prove

it

is

the

of

these

lawful and

rightful owner of the Patent and Trademark and request removal

of the advertisements offering the infringing products for sale.
With each such request,
and/or

Trademark,

as

Plaintiff submits proof of its

applicable,

and

the

website

Patent

typically

investigates the matter.

20.

Often times,

however,

the website will not remove an

advertisement without a Court Order or other document mandating

removal.

It

is

then

up

to

the

individual

posting

the

advertisement whether to remove it or not.

21.

Other times,

the website refuses to take any action

with respect to Plaintiff's complaints and the infringer agrees

to

remove

infringer

the
will

advertisement,
simply

move

but
the

instead of
advertisement

website or different URL on the same website.

removing
to

it,

the

different

22.

This generally leaves Plaintiff at the mercy of the

individuals

and/or

entities

actually

committing

the

infringement.
23.
known

as

In mid-November 2014, Plaintiff discovered that a user

"ferugus"

was

advertising

website known as [Link].

was

"Gear

Necklace"

on

the

The necklace being offered for sale

an exact duplicate of Plaintiff's patented Gear Necklace

and was using the trademarked "Gear Necklace" name. A copy of

the

screen print of this

advertisement

is

attached hereto

as

"Exhibit C."

24.

The advertisement was attempting to pass the product

off as a genuine Gear Necklace,

only

Forty

Dollars

($40.00).

In

but was selling the i tern for

addition,

the

advertisement

directed viewers to see the users other listings on the website

known as [Link].
25.

In order to determine whether "ferugus" was simply re-

selling a genuine Gear Necklace or whether the product was a

counterfeit,

Plaintiff ordered a "gear necklace" from "ferugus"

through [Link].
26.

At

the

same

time,

Plaintiff

also

looked

[Link] website to determine what other products,

"ferugus"

had

listed

there

and/or

Plaintiff could glean.

what

other

on

the

if any,

information

27.

The same "gear necklace" was also listed for sale in

an advertisement by "jferughelinj" on the [Link] website.

That advertisement explained that the "gear necklace" was a "new
design from China",

and requested that viewers message "James"

for information.
28.

Since

the

[Link]

advertisement

acknowledged

that "ferugus" /"j ferughelinj" was obtaining the "gear necklace"

from China,

it was clearly a

counterfeit since Plaintiff does

not manufacture its products in China, nor has it authorized any

third parties to manufacture its products.
sent

message

to

Plaintiff therefore

"ferugus"/"jferughelinj"

in

an

effort

to

obtain more information.

29.

In response to Plaintiff's message, Plaintiff received

an e-mail from Defendant James Ferugheli indicating that he had

purchased the necklaces from China through the website known as
[Link] and that he had more available for sale.
30.

Shortly

thereafter,

Plaintiff

received

the

"gear

necklace" it had purchased from "ferugus" on eBay. com and the

package indicated it was sent from Defendant James Ferugheli.
31.
Defendant

"Ferugus"
James

and "j ferughelinj"

Ferugheli

on

are

eBay. com

the
and

names

used by

Shapeways. com,

respectively.
32.
counterfeit

Defendant

James

Ferugheli

"gear

necklace"

products
9

admitted
from

to

purchasing

China

through

Alibaba. com
including,

and

re-selling

is

but not

limited to,

them

on

websites

various

eBay. com and Shapeways. com,

in

the United States and in this judicial district.

Defendant

33.
infringing,

and

is

Ferugheli

James

continuing

to

has

infringe,

therefore
upon

been

Plaintiff's

Patent by purchasing counterfeit "gear necklace" products from

China

through

offering

for

[Link],

sale,

and

then

marketing,

advertising,

selling and distributing these

counterfeit

products through various shopping or online marketplace websites

These counterfeit products

to customers in the United States.

are exact duplicates of Plaintiff's patented Gear Necklace, and

are

being

advertised,

marketed,

sold

and

distributed

without

Plaintiff's authorization or consent.

34.

Defendant

has also been infringing upon

Plaintiff's

Trademark by selling, offering for sale, distributing, marketing

and/or advertising "gear necklace" products using the registered
"Gear Necklace" name.
35.

Defendant has engaged in these infringing activities

willfully,

intentionally and with knowledge of the existence of

Plaintiff's

Patent

and

Trademark

and

the

fact

that

he

was

committing illegal acts.

36.
of

35

Defendant's infringement of the Patent is in violation

U.S.C.

271,

information and belief,

is

willful

and

deliberate,

and

upon

Defendant will continue to infringe on

10

said

Patent

and

continue

to

Plaintiff

cause

immediate,

continuing and irreparable harm unless permanently enjoined by

this Court.
37.

Defendant's

violation of

15

infringement

U.S. C.

1114,

is

of

the

willful

Trademark

is

and deliberate,

in
and

upon information and belief, Defendant will continue to infringe

on

said

Trademark

and

continue

to

cause

Plaintiff

immediate,

continuing and irreparable harm unless permanently enjoined by

this Court.
38.
been

Plaintiff has suffered injury and damages that have

directly

sale,

and

proximately

offer of sale,

caused

distribution,

by

Defendant's

wrongful

marketing and advertisement

of goods that infringe upon Plaintiff's Patent and Trademark.

39.

Plaintiff has no adequate remedy at law.

40. Plaintiff has retained undersigned counsel to represent

it

in

this

matter

and

is

obligated

to

pay

said

counsel

reasonable fee for such representation.

COUNT I

Patent Infringement

41.

Plaintiff

repeats

and

realleges

the

allegations

contained in paragraphs 1 through 40 above and incorporates them

as if fully set forth at length herein.
42.

Defendant has marketed,

advertised,

used,

offered to

sell and sold Plaintiff's patented invention within the United

11

States

during

the

term

of

the

Patent

Defendant

Patent

continues

by purchasing

271.

infringe

upon

Plaintiff's

"gear necklaces"

from China,

to

counterfeit

through the Alibaba. com website,

Plaintiff's

u.s.c.

authority or consent in violation of 35

43.

without

which are exact duplicates of

Plaintiff's patented invention, and then marketing, advertising,

using,
in

offering for sale and selling these counterfeit products

the

United

States

and

in

this

judicial

district,

while

attempting to pass them off as genuine Gear Necklace products.

Defendant's violation of Plaintiff's Patent,

4 4.

despite

notice of the Patent, is willful and intentional.

4 5.

Plaintiff has suffered,

injury

irreparable
Plaintiff's

Patent

due
if

the

to

and will continue to suffer,

infringement

Defendant's

Defendant

is

not

of

preliminarily and

permanently enjoined from such conduct.

COUNT I I

Trademark Infringement

46.

Plaintiff

repeats

and

realleges

the

allegations

contained in paragraphs 1 through 45 above and incorporates them

as if fully set forth at length herein.
47.
48.
designate

Plaintiff's Trademark is a federally registered mark.

Defendant
his

product

has
in

used

the

name

connection with

12

Gear
the

Necklace

sale,

offer

to
for

sale,

distribution,

marketing

and

advertising

of

counterfeit

goods for his own financial gain.

49.

Plaintiff

has

not

authorized

Defendant's

use

of

Plaintiff's Trademark.

50.
in

Defendant's unauthorized use of Plaintiff's Trademark

connection

marketing

with

and

the

sale,

advertising

offer

of

for

sale,

counterfeit

distribution,

goods

constitutes

Defendant's use of Plaintiff's registered trademark in commerce.

51.

Defendant's unauthorized use of Plaintiff's Trademark

is likely to cause and actually is causing confusion,

and deception

among

believe

Defendant's

Plaintiff

that
or

consumers

that

and/or

is

counterfeit

Plaintiff

has

causing
goods

mistake

consumers

originate

authorized,

from

approved

otherwise associated itself with Defendant's counterfeit

to

or

goods

that bear Plaintiff's Trademarks.

52.
has

Defendant's unauthorized use of Plaintiff's Trademark

resulted

in

Defendant

unfairly,

illegally

and

improperly

benefitting from Plaintiff's name and goodwill.

53.

Defendant

has

therefore

infringed

Plaintiff's

Plaintiff's

Trademark,

Trademark in violation of 15 U.S.C. 1114.

54.

Defendant's

violation

despite notice of the Trademark,

of

is willful and intentional and

therefore, this constitutes and exceptional case.

13

55.

Plaintiff has suffered,

irreparable

injury

due

Plaintiff's

Trademark

if

and will continue to suffer,

Defendant's

to

Defendant

is

not

infringement

of

preliminarily

and

permanently enjoined from such conduct.

COUNT III

False Designation of Origin

56.

Plaintiff

repeats

and

realleges

the

allegations

contained in paragraphs 1 through 55 above and incorporates them

as if fully set forth at length herein.
57.

Defendant's unauthorized use in interstate commerce of

Plaintiff's Trademark constitutes

use

of

false

descriptions

and

infringement,

as

well as the

representations

and

false

designation of origin in violation of 15 U.S.C. 1125(a).

58.
of

Defendant's use in commerce of such false designations

origin

and

false

or

misleading

descriptions

and

representations is likely to cause confusion in consumers as to

the

connection

of

Defendant

with

Plaintiff

and the

origin of

Defendant's goods.
59.

Defendant's sale of infringing and counterfeit goods,

despite notice of the Trademark, is willful and intentional.

60.

Plaintiff has suffered,

and will continue to suffer,

irreparable injury due to the Defendant's false designation of

origin

and

his

false

descriptions

14

and

representations

if

Defendant

is

not

preliminarily

and

permanently

enjoined

from

such conduct.
COtm'l' IV

Deceptive Trade Practices

61.

Plaintiff

repeats

and

realleges

the

allegations

contained in paragraphs 1 through 60 above and incorporates them

as if fully set forth at length herein.

62.

Defendant's

connection

with

marketing

and

the

use

of

offer

sale,

advertising

products is fraudulent,

the

of

his

"Gear

Necklace"

for

sale,

infringing

in

distribution,

and

misleading and deceptive,

name

counterfeit

and made with

the intention that consumers rely on such misrepresentation and

believe that the product being offered for sale is a true "Gear
Necklace" product.
63.
as

his

Defendant's use of the "Gear Necklace" name, as well

misappropriation

copyrighted
sale,

website,

in

of

the

connection

images
with

the

from
sale,

Plaintiff's
offer

for

distribution, marketing and advertising of his infringing

and counterfeit product constitutes fraud in connection with the

sale or advertisement of goods in violation of N.J.S.A. 56:8-2.
64.

Plaintiff has suffered,

irreparable
practices

injury
if

due

Defendant

to
is

the
not

enjoined from such conduct.

15

and will continue to suffer,

Defendant's
preliminarily

deceptive
and

trade

permanently

COUNT V
Unfai~

Plaintiff

65.

Competition

repeats

and

realleges

the

allegations

contained in paragraphs 1 through 64 above and incorporates them

as if fully set forth at length herein.
Defendant

66.

has

engaged in

fraudulent,

misleading and

unlawful conduct in attempting to pass off his counterfeit gear

ring products as Plaintiff's products.
67.

Defendant has committed these acts willfully and with

conscious disregard of Plaintiff's rights.

68.

Defendant has therefore engaged in unfair competition

in violation of the common law of the State of New Jersey.

Plaintiff has suffered,

69.

and will continue to suffer,

irreparable injury due to the Defendant's unfair competition if

Defendant

is

not

preliminarily

and

permanently

enjoined

from

such conduct.
COUNT VI
Interference With Prospective Economic Advantage

70.

Plaintiff

repeats

and

realleges

the

allegations

contained in paragraphs 1 through 70 above and incorporates them

as if fully set forth at length herein.

71.
money

Plaintiff has expended a

and

trademarking,

other

resources

copyrighting,

significant amount of time,

in

advertising
16
~

developing,
and marketing

patenting,
the

Gear

Necklace and expects to gain a significant economic advantage

from its efforts.
72.
by

Defendant has interfered with this economic advantage

selling,

advertising

offering

to

counterfeit

sell,

gear

distributing,

necklace

marketing

products

that

and

he

has

purchased from China through [Link].

7 3.

Defendant's

sale and advertising of counterfeit gear

ring products and his interference with Plaintiff's prospective

economic

advantage

has

been

done

without

justification

or

excuse.
74.

Defendant

has

purchased

these

counterfeit

"gear

necklace" products from a factory in China through Alibaba. com

for a fraction of the cost of an actual Gear Necklace and is
re-selling these counterfeit products to consumers in the United
States for less than one quarter of the price of a genuine Gear
Necklace.
75.
products,

If Defendant was not selling counterfeit gear necklace

all

consumers

wishing

would do so from Plaintiff,

to

purchase

Gear

Necklace

the rightful and true owner of the

Gear Necklace Patent and Trademark, and Plaintiff would thereby

gain all these customers and an economic advantage.
7 6.

Plaintiff has suffered,

irreparable

injury

due

to

the

17

and will continue to suffer,

Defendant's

interference

with

Plaintiff's prospective economic advantage if Defendant is not

preliminarily and permanently enjoined from such conduct.
COUNT VII

Unjust Enrichment

77.

Plaintiff

repeats

and

realleges

the

allegations

contained in paragraphs 1 through 76 above and incorporates them

a~

if fully
78.

Defendant

distribution,
necklace

forth at length herein.

~et

profits

marketing

products

that

from

the

sale,

and

advertising

are

exact

offer

of

for

sale,

counterfeit

duplicates

of

gear

Plaintiff's

patented Gear Necklace.

79.

Defendant

therefore

receives

benefit

from

the

duplication and sale of Plaintiff's patented product, use of the

trademarked

"Gear

Necklace"

name

and

misappropriation

of

Plaintiff's copyrighted images.

80.

Defendant has been unjustly enriched by his sale of

counterfeit products, use of the Gear Necklace name and use of

Plaintiff's images, all to the detriment of Plaintiff.
81.
benefit

It
and

would

be

Defendant

unjust
should

for
not

Defendant
be

to

permitted

retain
to

this

reap

the

Plaintiff

has

benefits of this wrongful conduct.

82.

As

result

of

Defendant's

conduct,

suffered and will continue to suffer unquantifiable damages.

18

PRAYER. POR. RELIEP ON ALL COUNTS

WHEREFORE,

Plaintiff prays for judgment and relief against

Defendant as follows:
a.

Adjudging

the

Plaintiff's

Patent

and

Trademark to

be

valid and enforceable;

b.

Adjudging that the Defendant has infringed Plaintiff's

Patent and Trademark and engaged in the other wrongful conduct

set forth above;
c.

Adjudging

that

Defendant's

conduct

was

willful

and

intentional;
d.

Ordering

acting

in

either

directly

that

privity,

Defendant,

concert

or

or

and

all

persons

participation

indirectly,

be

or

with

permanently

entities

Defendant,

enjoined

from

infringing, contributing to the infringement of, and/or inducing

the infringement of the Patent and Trademark,
from

directly

marketing,

or

indirectly

distributing,

manufacturing,

selling

or

offering

and specifically
making,
for

using,

sale

any

product embodying the design of the Patent during the life of

the Patent,

regardless of the name being used for such product,

without the express written authority of the Plaintiff and from

using the name "Gear Necklace," or any similar name,

or any of

Plaintiff's

with

manufacture,

copyrighted
sale,

images,

in

connection

the

offer for sale, marketing and/or advertising

of any product;
19

e.
acting

Ordering that
in

privity,

Defendant,

concert

or

and all persons or entities

participation

with

Defendant,

either directly or indirectly, be required to immediately remove

all uses of,
advertising

references to,
of

the

Gear

depictions of,

offers for sale and

Necklace product,

regardless

of

the

name by which it is called, and all uses of the Gear Necklace

name from any and all websites and/or URLs where such may app9ar
including,
eBay. com,

but

not

limited

to,

Shapeways. com and

[Link],

any

[Link],

other website

where

such may

appear;
f.

Ordering that any Internet service providers, merchant

account

providers,

engines

and

search

online

websites,

engines,

Aliexpress. com,

marketplace

as

well

including,
eBay. com,

as

but

by

counterfeit

Defendant
"gear

shopping

third-party

not

limited

search

processors

to,

and

[Link],

Shapeways. com and any other website,

must, upon request of Plaintiff,

listings

and

and/or

necklace"

immediately remove any and all

links

products

to

his

and/or

listings
use

of

where

the

Gear

Necklace name are being used, offered for sale, marketed and/or
advertised and that all such listings be de-indexed so that they
no longer appear on any search and/or search results page; and
that

all

providers,
websites,

such

Internet

service

online marketplace

and

providers,
shopping

merchant
search

account

engines

and

as well as third-party processors and search engines,

20

must,

upon request of Plaintiff,

listings
where

by

future

counterfeit

Gear

infringers
"gear

Necklace name

marketed

and/or

immediately remove any and all

and/or

necklace"

are

products

being made,

advertised,

future infringer is using,

upon

links

their

and/or

used,

proof

to

by

listings

use

offered

for

Plaintiff

offering for sale,

of

the

sale,

that

the

marketing and/or

adverti5ing a product that is an ezact duplicate of Plaintiff's

Gear Necklace and/or using the Gear Necklace name;
g.

Ordering that

Defendant provide an accounting of all

profits derived from his patent and trademark infringement and

sales

of

profits

gear
to

necklace

Plaintiff,

jewelry,
along

with

and

that

actual

Defendant
damages

pay

such

suffered

by

Plaintiff, trebled;
h. Alternatively,

that Plaintiff be awarded damages in the

amount of Fifty Thousand Dollars ($50,000.00);

i.

Ordering

that

related

services

for

necklace" products,
card

companies,

any

third

Defendant's

party

providing

sale

of

payment

infringing

and

"gear

including merchant account providers, credit

payment

providers

processors providing such services

and/or
for

third

eBay. com,

party

payment

Shapeways. com

and [Link], such as Paypal, Alipay, Visa, Mastercard, Apple

Pay, Square, Amazon Payments, moneybookers, Maestro, Solo, Carte
Bleue,

CartaSi

and

PostePay,

immediately cease

rendering

services for purchase or sales of gear necklace products;

21

such

j.

Ordering

that

Defendant

pay

Plaintiff

its

reasonable

attorneys' fees and costs pursuant to 15 U.S.C. 1117(a);

k. Adjudging that this case be deemed exceptional;
1.

Adjudging

Plaintiff,

that

Defendant

for destruction at

be

ordered

to

Plaintiff's option,

deliver

to

all products

that infringe the Patent; and,

m. Such other relief as the court deems just and proper.

Dated:

December 11, 2014

ANGELA VIDAL, ESQ.

Attorney for Plaintiff,
Kinekt Design, LLC

Is Angela Vidal
By: Angela Vidal, Esq.
#035591997
201 Strykers Road
Suite 19-155
Phillipsburg, New Jersey
08865
Telephone (908)884-1841
Facsimile (908)213-9272

22

LOCAL CIVIL RULE 11.2 CERTIFICATION

I certify that, to the best of my knowledge, the matter in
controversy

is

not

the

subject

of

any

other

pending

or

anticipated litigation in any court or arbitration proceeding,

nor are there any non-parties known to Plaintiff that should be
In addition,

joined in this action.

recognize a continuing

obligation during the course of this litigation to file and to

serve

on

all

other

parties

and

with

the

Court

an

amended

certification if there is a change in the facts stated in this

original certification.
Dated:

December 11, 2014

ANGELA VIDAL, ESQ.

Attorney for Plaintiff,
Kinekt Design, LLC

Is Angela Vidal
By: Angela Vidal, Esq.

LOCAL CIVIL RULE 201.1 CERTIFICATION

I
subject

hereby
to

certify

that

compulsory

the

above-captioned matter

arbitration

in

that

is

not

declaratory

and

injunctive relief is sought.

Dated:

December 11, 2014

ANGELA VIDAL, ESQ.

Attorney for Plaintiff,
Kinekt Design, LLC

Is Angela Vidal
By: Angela Vidal, Esq.

23

VERIFICATION

1.
that

r, Glen Liberman, of full age, hereby

am

verify and state

the sole member of Plaintiff, Kinekt Design, LLC.

2. I have full knowledge of all the facts and circumstances

regarding this matter.

3.

I have read the foregoing Verified Complaint and verify

that the contents thereof are true based on

my

own personal

knowledge, except as to any matters stated upon information and

belief, and as to those matters, I believe them to be true based
on the information available to me.
4.

hereby verify under penalty of perjury that

the

foregoing statements made by me are true and correct and I am

aware that if any of the foregoing statements made by me are
found to be willfully false, I am subject to punishment.

Glen Liberman
Sworn and subscribed
before me on this
~ day of December, 2014

OFFICIAL S:::AL

BRUNO [Link]
NOTARY PUBUC- NEW JERSEY
MyCGmm. ElqliiiOI-20-2017

)2~ .. ~::1!:
~:
MYConuniss:n

24

EXHIBIT A

111111111.111
t:S00[){;{:-611 t\S

1121

I~~~

United States Design Patent

' 1OJ

Liberman et al.

,.t~~

III\~11IN~

R1~N:1 Ulll:l"lt'l~ll. Sh.i1 fJ;ll"' NJ . .~ 1;<;.).

J~th;-l .. illii.r!tJa. !'>IMt. lll!~. N! tl IS:
[Link]:Yo,lu~ior.

Fm;t,m, P\

tlf~)

ttS 0666.116 S

Ptenl No~:
Oatt of Patent:

** r\ug. 28.. 2012

Rlli' c ""'""'' <:"'i,lll!li!!!';'l .,-,,m '~ll'" h!nj! l\11~ 1~ 'fl1ll,r<tl'

""'"'"'"'11}; . fi!' '\1~ Ill- -\Rl 1'\nohm l ;;t~l :ll'f

lit~: '>'Ww.:-;~1'"''1'!'"'1 ,;m t;J~:-.p!>M\1>.1!\"i!Aj:~ ll;f(~ t} 1 (~.-~.j~ p
Itt~ ...-wv:. '<l;tni!ilau~i""":'>/1~ ~"'" uplik ;>r;>iim~-w 'S I1 I J i ;n,.
1!1~: WV."l:.!;'l!'-j',':>tnh~i~ _Ni(~~-~' ~id..to:d...:k.;'l,,:>:>kl!oc<t!!

17\t

~,

.... _,

\lijgn~:

Kllll'..tfk<""-" U.C l i"\i.n~'ihllt N.!

illS!

nwJ,;I\'!~"'";f..- J!..ll~ !9~~

quo:~t ~~et~~.. rn.,ktru:;,~!!&

lo:n11

1.4 \'[Link]"'!

'"'i:'i~'{l

wmvh
..:w;:h t;.l"'

hmo.w~'<[Link]~~
~- ~-in~h!f~'.. ~Jq .. nt~"'~ indr..'l::-~Hl h.~n
k ~

J'.'in;J,~ f::oxJHI-ilk'r

i2lJ

hy cwminllr
C.'11hr.'O Hnnk"

\khn'K? f'rl~[Link]
.{!,!r"I'I'J '"' f:w.w S}trll."ltCiJiL

fuinwtt 1-:mmHwt

(<.n
j5ll

1.()(' (9~

I ~.:::1

li~'S. (1.

CL

... ... . ... ...

... "' ....... ... ...

11411
.

011l'1: Jlll.':'>h

IS'( I l'k>td Clf Cbn,.lili.:atlrtn St.~~n:ll . .... .... ... n1 l l ;:<_r;_

Pl 1.'2{1, +1> 44, ~,;._ N !l.f,, Mil 1L ~ 1.
{j1,>:l.2. 12.
~!" 1 15.-4. )5.45, ~~5.

n. '-"

IX, N

t,~:j~(,_

Sill.' appl trid i1~ fik

fl-~ c~!lnpkt{' ~:.-m:h h1Mt~

.Vt/o~w.:,

.\;,~,i.;;)lfiC,I

if'

n .;\1'\1

,51~
"llt~ l'l1lllllli!lltnl tk<~1n

ti.'r Ji ,I!L'ar l!ll".ut nl.'d; bt'l". a-.

~h..:m.n

an:! dn~:nlle'd.

:ll( I. 1 ~-a ~f'l'l:!.i\.: ~-i~ ror a l_lh.".V i:u:ar1 !'K'i.'k!.x-"' :>bm.i-11}!

Put m"A dl:'l'[Link]~

rJ( i .l i~ ;tfrr;nt 'l'iC'ill>rthc t<t'llf hror1 "'''!:l!:K"C !oh:?Vom m nn'

I;

:n(!. J i"' ;1 r>..'ll> 'il-~ t>l'll""' ~.ar bc-al1r~..-..-lJ~~ !<ilRm.u m ITU.

[)177,1{!1!.,

1 19~. 1\;11<'
4 j..J;-'~, \Jt}wt~ ,

tH~olo.i4 ... .,;

P:'fL7A:' S 1i I<;>!; I \li<'l itthnl "'

ll'-4f,ll::- "

<. Jo;<,lil;

w.:<!f

D~4;~~ l~i~,

l:lll

;,1

!Jll <t\
U~li ;'~

HI

l ;_'(>)t Chi~ .;:f -1!

- .?to:!': Ayt-f,:;1":wtt
D .. :~. <, ""' !i to }1:1>:17 -Vr.~loi'llo:'ll ,-; ill
';'(J:it> r-;,.,.,
D~i;\1~4 ~
; ~Y(!I; I};Jri<f-1P
'.-~)1. lit 111
7~)~t_j j'T B~
'.-~uJ 1 Hrui

h.~;.;".7J!~,

nl!f:'f

s:

rx. 't~ '"'' s

Flft':li ]K~ S

j ~1>.'111li!!fi d ill
4 i'!J I:' <1<. 'ii<Mt ''iit<tt 1-l~

( ,'Y_.I J 1

tnu J(;(,;
HII ')<1
Dill f,'li

Ull ;:r,
lHI

~~-.

I:
! J( i ... i ~1 rlfhl Hd.; >il'" t>l tJn: F,l'ilt lk'.T'! itl,-t:lal"<i: ~[Link] m

rll.L 1:
ill( t. !!. i!>- JJ. ldl n:k "k"" (hhc p...:'-ar [Link] t!i.~[Link]: -.lu.n.m 1n
!IU.I:

no. iii

~~

a 1f''J' ,-~.c-...

tyf

"ho-'"11 in l'Hi L llt"-1.

i'J( i, 7 If' ~ ""-oi~Jtil ' Jif..,._
Uo I.

the

.fle'ilr

lrm:t l'.lff'U;t~....-:' a"~lflf:-1~

1.1f I~L' tr-<Vlt 1~>.-..:'111 nL"'l.J::t>.">:'

Ju..., 1: U'

EXHIBIT B

Record 1 out of 1

(Use the "Back" button of the Internet Browser to return to TESS)

GEAR NECKLACE
GEAR NECKLACE
Word Mark
Goods and Services
IC 014. US 002 027 028 050. G & S: Jewelry; Necklaces. FIRST USE: 20120619. FIRST USE IN COMMERCE: 20120619
Standard Characters Claimed
Mark Drawing Code
(4) STANDARD CHARACTER MARK
Serial Number
85662557
Filing Date
June 27, 2012
Current Basis
1A
Original Filing Basis
1A
Published for Opposition
September 4, 2012
Registration Number
4246139
International Registration Number 1135553
Registration Date
November 20, 2012
Owner
(REGISTRANl) Kinekt Design, LLC LIMITED LIABILITY COMPANY OHIO Suite 9-239 184 S. livingston Ave. livingston NEW JERSEY 07039
Attorney of Record
Matthew H. SwyErs, Esq.
Prior Registrations
4157820
Disclaimer
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "NECKLACE" APART FROM THE MARK AS SHOWN
Type of Mark
TRADEMARK
Register
PRINCIPAL
live/Dead Indicator
LIVE

,,,.,,'"' "'

'
I HOME I SITE INDEX!

SEARCH I eBUSINESS

I HELP I PRM\CV POliCY

EXHIBIT C

Hi [Link]!

I Dally Deals I Gift Cards I Sell I Help & Contact

MyeBay

Shop by

category"'
(

ea..:k to search results

1 Listed in category:

Search

All Categories

Adv~nced

Jewelry & Watches: > Fashion Jewelry :> Net.:kla.;;es Sr Pendants

gear necklace
It ern condi1ion:
Tirne left.

II IJ 0 1111 Add to W3tch list

New without tags

1 day 19 hours

Sundy. Q:50PM

Seller Information
ferugus\L))

;
Starting bid.

US $26.00

\.

[ 0 bids

. . . ..

\\

\ ..

Place bid

-~

enter us $25.00 or moro

..
~

Price:

US $40.00

BuyltNow

Add to cart
o Add to watch list

* Add to r;ollectlon
Free delivery In 4 days

Located In United States

f)JLJ Join eBay Ducks and earn 2% back on this item

::>hipprnq

FREE Standard Shipping

lt1m

lr..~,;~ti~n 8ud,i l.'Jk;),

Ship:J: N:

Unlt~;i

O::itm(L'>

S "'"d't"'"'

I 'h;::.:!~:'c.k

rlo:f,'~ .I('JP:q}l,

Unlto?<J

'?.t;:,t..,.~:

Follow this seller

See other items

Item specifics
Condition:
Main Stone
Country/Region of Manufacture

New without tags A brand-new, unused. and onwom item (including handmade
items) that rs not in original packaging or ... !'lead more
No Stone
China

-ball chain with pendant to make a necklace

-b<>x is not included
-gear necklace
-chain length can be cut to different lengths. ask f<>r james wben you send message.
-:if you are interested in other materials. see my other listing on [Link]

Questions and answers about thls item

No 1JUesiions or answers have been posted obout this item
[Link]< a question

Ball Charn with Pendant

Metal.

Stamless Steel