Case 1:22-cv-10327-RGS Document 1 Filed 03/01/22 Page 1 of 29

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

)
STERILITE CORPORATION, )
)
Plaintiff, )
) 1:22-cv-10327
Case No.: ______________
v. )
) DEMAND FOR JURY TRIAL
OLIVET INTERNATIONAL, INC., )
)
Defendant. )
)

COMPLAINT

INTRODUCTION

1. This action arises from efforts by the defendant, Olivet International, Inc.

(“Olivet”), to manufacture, market, distribute, and sell inferior products imitating and

misappropriating unique and distinctive trade dress owned by Sterilite Corporation (“Sterilite”)

in violation of Section 43(a) the Lanham Act, 15 U.S.C. § 1125(a), and state law.

2. For more than 80 years, Sterilite has designed, manufactured, and sold high

quality injection-molded plastic products, including plastic storage cabinets, drawers, and

wastebaskets. Today, Sterilite is the largest plastic housewares company in North America.

3. In 1998, after more than a year of research and design, Sterilite introduced its line

of garage storage cabinets, including its 4-Shelf Cabinet and 2-Shelf Cabinet (“Sterilite Storage

Cabinets”). These products have a unique, distinctive, and immediately recognizable design,

which itself is a Sterilite trade dress. The Sterilite Storage Cabinets are characterized by (1)

rectangular handles that taper in width from the center of the unit to the side of the unit; (2) doors

that have a curved inset profile; (3) side panels with their own inset profile; and (4) back panels
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with a geometric inset pattern, along with the shape and appearance of the product as a whole.

The Sterilite Storage Cabinets are pictured below:

A. Front View of 2-Shelf Cabinet B. Back View of 2-Shelf Cabinet

C. Side View of 2-Shelf Cabinet D. Top View of 2-Shelf Cabinet

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E. Front View of 4-Shelf Cabinet F. Back View of 4-Shelf Cabinet.

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G. Side View of 4-Shelf Cabinet H. Top View of 4-Shelf Cabinet

4. In 2003, after more than a year of research and design, Sterilite introduced its line

of garage storage drawer units, including at least the 4-Drawer Unit (“Sterilite Drawer Units”).

These products have a unique, distinctive, and immediately recognizable design, which itself is a

Sterilite trade dress. The Sterilite Drawer Units are characterized by (1) top and bottom panels

that have outward curved leading edges; (2) handles that have downward curved leading edges;

and (3) drawers that have curved front faces, along with the shape and appearance of the product

as a whole. The Sterilite Drawer Units are pictured below:

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A. Front View of 4-Drawer Unit B. Back View of 4-Drawer Unit

C. Side View of 4-Drawer Unit D. Top View of 4-Drawer Unit

5. In 2003, after more than a year of research and design, Sterilite introduced its new

13 Gallon Swing Top Wastebasket. In 2011, after more than a year of research and design,

Sterilite introduced its 11 Gallon Swing Top Wastebasket (“Sterilite Wastebaskets”).

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6. The lid of the 13 Gallon Swing Top Wastebasket has a unique, distinctive, and

immediately recognizable design, which itself is a Sterilite trade dress. The 13 Gallon Swing

Top Wastebasket lid is characterized by (1) an asymmetrically sloped top with a curved swing

top door; (2) door handles that have a curved inset profile; and (3) a unique attachment

mechanism and rib configuration on the underside of the sloped lid. The Sterilite 13 Gallon

Swing Top Wastebasket lid is pictured below:

A. Top View of 13 Gallon Wastebasket Lid B. Underside of 13 Gallon Wastebasket Lid

7. The 11 Gallon Swing Top Wastebasket also has a unique, distinctive, and

immediately recognizable lid design, which itself is a Sterilite trade dress. The 11 Gallon Swing

Top Wastebasket lid is characterized by (1) a swing top with rounded back corners and more

dramatically rounded front corners; (2) door handles that have a curved inset profile; and (3) a

unique rib configuration on the underside of the sloped lid. The Sterilite 11 Gallon Swing Top

Wastebasket lid is pictured below:

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A. Top View of 11 Gallon Wastebasket Lid B. Underside of 11 Gallon Wastebasket Lid

8. The Sterilite Storage Cabinets, Sterilite Drawer Units, and Sterilite Wastebaskets

(collectively, “Sterilite Distinctive Products”) each have a unique and distinctive overall look,

which consumers immediately recognize and associate with authentic, high quality Sterilite

products. All of these elements create simple, clean designs (the “Sterilite Storage Cabinets

Trade Dress,” “Sterilite Drawer Units Trade Dress,” “Sterilite 13 Gallon Wastebasket Trade

Dress,” and “Sterilite 11 Gallon Trade Dress,” collectively, “Sterilite Trade Dress”) which

appeal to consumers and signify Sterilite as the source of the product.

9. The elements of the Sterilite Trade Dress are non-functional. Indeed, Sterilite’s

non-functional design was recognized by the United States Patent and Trademark Office by the

issuance of U.S. Design Patent No. 431,733.

10. The Sterilite Trade Dress are well-known throughout the plastic household

storage industry and have been for over a decade. Products featuring the Sterilite Trade Dress

are sold by large national retailers, including Walmart, Target, Amazon, and Home Depot.

These retailers commonly advertise (and have commonly advertised since 2009) Sterilite’s

products by featuring prominently both pictures of the Sterilite Trade Dress and Sterilite’s brand

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name. Examples of retail advertisements promoting the Sterilite Trade Dress can be seen in

Exhibit A, attached.

11. The Sterilite Trade Dress are unique and distinctive; products featuring the

Sterilite Trade Dress are unmistakable as Sterilite products.

12. Recently, Olivet has begun to market and sell lower-quality products containing a

design which is the same or substantially similar to the Sterilite Trade Dress (“Knock-Off

Products”). The Knock-Off Products have designs that are virtually identical to that of the

Sterilite Trade Dress (and unlike that of any other storage cabinets or drawer units on the

market). The Knock-Off Products are an obvious attempt to duplicate the look of the Sterilite

Trade Dress and confuse or deceive the purchasing public. In appearance, the Knock-Off

Products (which come in variants identical or substantially similar to Sterilite's 4-Drawer Unit, 4-

Shelf Cabinet, 2-Shelf Cabinet, 13 Gallon Wastebasket lid, and 11 Gallon Wastebasket lid)

promise the same benefits of the well-known and recognized Sterilite Trade Dress products. But

the characteristics of the Sterilite Trade Dress are non-functional, and therefore despite Olivet’s

copying, the Knock-Off Products do not deliver the durability long associated with Sterilite’s

genuine products containing the Sterilite Trade Dress.

13. As shown below, wastebasket lids and bases are typically displayed separately in

stores. When detached from theirs bases, the lids of the Sterilite 13 Gallon Wastebasket and 11

Gallon Wastebasket may be easily confused with the lids of the Knock-Off Product

wastebaskets.

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14. As can be seen in Exhibit B, customer reviews from Walmart.com describe the

Knock-Off Products as “not sturdy,” comprised of “[f]limsy plastic,” and “very cheaply made.”

Olivet’s sales of lower quality Knock-Off Products have confused consumers, who expect more

from products embodying the recognized Sterilite Trade Dress and have damaged Sterilite’s

sterling reputation for high quality products.

15. A comparison of the Sterilite Trade Dress and the Knock-Off Products can be

seen below:

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1(a) Sterilite 2-Shelf Front View 1(b) Olivet 2-Shelf Front View

2(a) Sterilite 2-Shelf Side View 2(b) Olivet 2-Shelf Side View

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3(a) Sterilite 2-Shelf Back View 3(b) Olivet 2-Shelf Back View

4(a) Sterilite 2-Shelf Top View 4(b) Olivet 2-Shelf Top View

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5(a) Sterilite 4-Shelf Front View 5(b) Olivet 4-Shelf Front View

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6(a) Sterilite 4-Shelf Side View 6(b) Olivet 4-Shelf Side View

7(a) Sterilite 4-Shelf Back View 7(b) Olivet 4-Shelf Back View

8(a) Sterilite 4-Shelf Top View 8(b) Olivet 4-Shelf Top View

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9(a) Sterilite 4-Drawer Front View 9(b) Olivet 4-Drawer Front View

10(a) Sterilite 4-Drawer Side View 10(b) Olivet 4-Drawer Side View

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11(a) Sterilite 4-Drawer Top View 11(b) Olivet 4-Drawer Top View

12(a) Sterilite 4-Drawer Back View 12(b) Olivet 4-Drawer Back View

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13(a) Sterilite 13 Gallon Wastebasket Lid 13(b) Olivet 13 Gallon Wastebasket Lid

14(a) Sterilite 13 Gallon Wastebasket Lid 14(b) Olivet 13 Gallon Wastebasket Lid
Underside Underside

13(a) Sterilite 11 Gallon Wastebasket Lid 13(b) Olivet 11 Gallon Wastebasket Lid

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14(a) Sterilite 11 Gallon Wastebasket Lid 14(b) Olivet 11 Gallon Wastebasket Lid
Underside Underside

16. Unlike the Knock-Off Products, which appear virtually identical to the Sterilite

Trade Dress, other plastic storage cabinets and drawer units on the market feature designs

significantly different from that of the Sterilite Trade Dress. Numerous alternative designs used

by competitors are shown in Exhibit C attached.

17. Sterilite seeks damages and injunctive relief to stop Olivet from deceiving and

confusing consumers, and from destroying the goodwill built up by Sterilite in the Sterilite Trade

Dress.

PARTIES

18. The plaintiff, Sterilite, is a company organized under the laws of the

Commonwealth of Massachusetts. Its principal place of business is in Townsend,

Massachusetts. Sterilite’s products are manufactured in the United States, at facilities in

Massachusetts, Alabama, Arizona, Ohio, Iowa, South Carolina, and Texas. Sterilite is a leading

manufacturer of injection-molded plastic products, including the Sterilite Distinctive Products.

Sterilite’s broad line features some of the most innovative and distinctive products available on

the market, including food storage containers, laundry and utility products, and home storage and

organization products.

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19. On information and belief, the defendant, Olivet, is a California corporation with

a principal place of business at 11015 Hopkins Street, Mira Loma, CA 91752. Olivet is a direct

competitor of Sterilite’s in the sale of plastic storage products.

20. On information and belief, at all relevant times, Olivet has been, and presently is,

regularly doing business in the Commonwealth of Massachusetts, and in this judicial district.

JURISDICTION AND VENUE

21. This Court has subject matter jurisdiction over Sterilite’s claims in that they arise

under the Lanham Act, 15 U.S.C. § 1051 et seq., and because the parties are completely diverse

and the amount in controversy exceeds $75,000. Federal subject matter jurisdiction is therefore

conferred by 28 U.S.C. § 1331 (federal question), 28 U.S.C. § 1331 (diversity jurisdiction), 28

U.S.C. § 1338(b) (unfair competition), and 15 U.S.C. § 1121 (Lanham Act). Subject matter

jurisdiction exists over Sterilite’s state law claims pursuant to 28 U.S.C. § 1367(a) (supplemental

jurisdiction).

22. This Court has personal jurisdiction over Olivet under Mass. Gen. Laws ch. 223A,

§ 3(a), (b), and (c) because on information and belief Olivet transacts business and sells and has

sold Knock-Off Products within the Commonwealth of Massachusetts, which actions have

caused tortious injury to Sterilite. This Court also has personal jurisdiction over Olivet under

Mass. Gen. Laws ch. 223A, §3(d) because Olivet has caused tortious injury to Sterilite within the

Commonwealth of Massachusetts.

23. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b)-(c),

because Olivet is a corporation doing business in and subject to personal jurisdiction in this

district, and because it distributes and/or sells Knock-Off Products within this district.

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BACKGROUND

A. Sterilite and the Trade Dress

24. Sterilite Corporation was founded in 1939 to manufacture plastic products using

the then-infant process of injection molding. Since then, Sterilite has been a leader in the plastic

household storage industry.

25. Sterilite’s unique and innovative designs have been recognized by the U.S. Patent

and Trademark Office, which has granted Sterilite 20 design patents over the past 20 years

covering 121 individual products.

26. For at least the last 17 years, Sterilite has continuously and extensively advertised,

promoted, and sold the Sterilite Distinctive Products, which are high quality garage storage units

and home and office wastebaskets. For at least the last 17 years, the Sterilite Distinctive

Products have incorporated the unique and distinctive Sterilite Trade Dress.

27. Sales of the Sterilite Distinctive Products have exceeded $100 million since their

introduction.

28. As a result of Sterilite’s exclusive use of the Sterilite Trade Dress in connection

with the Sterilite Distinctive Products for at least the past 17 years, and the extensive advertising

of the Sterilite Trade Dress in connection with Sterilite name, the unique Sterilite Trade Dress

have become well-known in the plastic household storage industry and are widely recognized as

Sterilite products by consumers nationwide. As a result, the Sterilite Trade Dress have acquired

secondary meaning associating them with Sterilite.

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B. Olivet’s Knock-Off Products

29. On information and belief, Olivet was incorporated in 1984. Olivet designs,

manufactures, and sells a variety of consumer goods, including storage cabinets, drawer units,

and wastebaskets.

30. On information and belief, Olivet’s storage cabinets, drawer units, and

wastebaskets—including the Knock-Off Products—are sold through resellers throughout the

country, including in Massachusetts.

31. On information and belief, Olivet’s storage cabinets, drawer units, and

wastebaskets—including the Knock-Off Products—are available to the public through brick-and-

mortar retailers and on-line retailers, including in Massachusetts.

32. Olivet began manufacturing, marketing, and selling the Knock-Off Products in an

intentional attempt to duplicate the unique and distinctive designs of the Sterilite Trade Dress

and capitalize on Sterilite’s long-standing reputation for quality. Olivet thereby is attempting to

trade on the tradition, distinctiveness, and reputation of genuine Sterilite Trade Dress with

cheaper, lower-quality knockoffs.

33. Olivet markets and sells its storage cabinets, drawer units, and wastebaskets—

including the Knock-Off Products—to Walmart, who previously purchased products bearing the

Sterilite Trade Dress. Olivet sells its Knock-Off Products through the same channels of trade as

Sterilite.

34. On information and belief, Olivet has directly solicited Sterilite’s long-standing

retail customer Walmart. Olivet’s products are now sold under Walmart’s “Hyper Tough”

brand. As a result of Olivet’s solicitation, Walmart has recently ceased offering Sterilite’s

Distinctive Products in favor of Olivet’s low-quality copies.

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35. Olivet’s storage cabinets, drawer units, and wastebasket lids are either identical to

or indistinguishable in appearance from the Sterilite Distinctive Products.

36. The Knock-Off Products are obviously direct copies of the Sterilite Distinctive

Products, even to the extent of copying the letters printed on the parts used by customers to

assemble the products, as shown below:

A. A on the Inside of the Base of B. A on the Inside of the Base of

Sterilite 2-Shelf Cabinet Olivet 2-Shelf Cabinet

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C. M on the Middle of the Sterilite 4-Shelf D. M on the Middle of the Olivet 4-Shelf
4-Shelf Cabinet Door 4-Shelf Cabinet Door

37. Olivet’s use of the Sterilite Trade Dress is an attempt to free ride on the enormous

goodwill established by Sterilite’s well-known and respected products.

38. On information and belief, Olivet has used plastic materials that are not as durable

as those used in the Sterilite Trade Dress. While this may permit Olivet to offer its Knock-Off

Products at a lower price than the Sterilite Distinctive Products, consumers are likely to believe

they are receiving the same high quality, durable product that they have come to associate with

products bearing the Sterilite Trade Dress. However, in truth, they are not.

39. As a result of Olivet’s knock-off efforts, consumers are likely to be confused, and

will likely continue to be confused, mistaken, or deceived as to the affiliation, connection, or

association of Olivet and its low-quality Knock-Off Products with Sterilite, or as to the origin,

sponsorship, or approval of Olivet’s Knock-Off Products, or as to the nature, characteristics, or

qualities of the Knock-Off Products.

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40. This is not the first time Olivet has been accused of infringing other companies’

intellectual property.

41. For example, in Petrageous Designs, Limited v. Olivet International, Inc., Case

No. 1:14-cv-13582 (D. Mass), Olivet was sued by Petrageous Designs, Limited (“Petrageous”) in

this judicial district for infringement of Petrageous’ registered trademark, unfair competition, and

other related claims. On information and belief, that litigation ended after Olivet reached a

settlement with Petrageous.

42. Similarly, in JRSK, Inc. v. Olivet International, Inc., Case No. 1:19-cv-02589

(S.D.N.Y.), Olivet was sued by JRSK, Inc. for infringement of JRSK Inc.’s trade dress, unfair

competition, and other related claims. On information and belief, that litigation ended after

Olivet reached a settlement with JRSK, Inc.

43. Sterilite wrote to Olivet on November 23, 2021, notifying Olivet of Sterilite’s

trade dress and requesting that Olivet cease use of the same.

44. Olivet responded on December 7, 2021. In that letter, Olivet did not dispute the

fact that it was directly copying the Sterilite Trade Dress. Instead, Olivet argued only that

Sterilite’s distinctive features were not non-functional and had not acquired a secondary

meaning, both of which are wrong as a matter of fact and law.

45. Olivet has refused to cease its infringing use of Sterilite’s trade dress, and on

information and belief continues to market and sell the Knock-Off Products, despite its

knowledge of Sterilite’s intellectual property rights.

46. These facts support the conclusion that this infringement of Sterilite’s intellectual

property rights appears to have been willful and intentional.

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COUNT I

(Unfair Competition: Trade Dress, 15 U.S.C. § 1125(a))

47. Sterilite incorporates the allegations contained in the preceding paragraphs as if

fully set forth herein.

48. The Sterilite Trade Dress are used in commerce, non-functional, and have

acquired secondary meaning among the relevant purchasing public.

49. Olivet markets, offers for sale, and sells Knock-Off Products in United States

commerce.

50. As a result of Olivet’s conduct, consumers are confused, and will likely continue

to be confused, mistaken, or deceived as to the affiliation, connection, and/or association of

Olivet’s Knock-Off Products with Sterilite, and/or as to the origin, sponsorship, or approval of

the Knock-Off Products, and/or as to the nature, characteristics, or qualities of the Knock-Off

Products.

51. Olivet’s conduct, including as described above, constitutes unfair competition in

violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).

52. On information and belief, Olivet’s unlawful conduct, including as described

above, was deliberate, knowing, and in willful disregard of Sterilite’s property rights.

53. Because of Olivet’s conduct, Sterilite has suffered, and unless Olivet’s conduct is

enjoined, will continue to suffer, actual damages and irreparable harm, as to which it has no

adequate remedy at law.

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COUNT II

(Massachusetts Unfair Competition under Mass. Gen. Laws ch. 93(A), § 11.)

54. Sterilite incorporates the allegations contained in the preceding paragraphs as if

fully set forth herein.

55. Olivet markets, offers for sale, and sells Knock-Off Products in Massachusetts.

56. Olivet’s conduct has caused and is likely to continue to cause confusion or

mistake among the trade and the public as to the affiliation, connection, or association of Olivet’s

Knock-Off Products with Sterilite, and/or as to the origin, sponsorship, or approval of the

Knock-Off Products by Sterilite.

57. Olivet’s conduct constitutes misappropriation and misuse of the well-known

Sterilite Trade Dress, false advertising, and unjust enrichment, in violation of Sterilite’s rights

under Mass. Gen. Laws ch. 93A, § 11.

58. Because of Olivet’s conduct, Sterilite has suffered, and unless Olivet’s conduct is

enjoined, will continue to suffer, actual damages and irreparable harm, as to which it has no

adequate remedy at law.

COUNT III

(Dilution Under Mass. Gen. Laws ch. 110H, § 13)

59. Sterilite incorporates the allegations contained in the preceding paragraphs as if

fully set forth herein.

60. The Sterilite Trade Dress have acquired distinctiveness because they have come

to be recognized as a source identifier by the consuming public, who exclusively associate the

Sterilite Trade Dress with Sterilite’s high-quality goods. The primary significance of the Sterilite

Trade Dress is to indicate that Sterilite is the source of the goods.

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61. The Sterilite Trade Dress are non-functional and have acquired secondary

meaning among the relevant purchasing public.

62. Olivet markets, offers for sale, and sells Knock-Off Products in Massachusetts.

63. Sterilite owned and used the Sterilite Trade Dress prior to Olivet’s use of their

confusingly similar designs.

64. Olivet’s conduct has caused and is likely to continue to cause confusion or

mistake among the trade and the public as to the affiliation, connection, or association of Olivet’s

Knock-Off Products with Sterilite, and/or as to the origin, sponsorship, or approval of the

Knock-Off Products by Sterilite in violation of Sterilite' s rights under Massachusetts law.

65. Because of Olivet’s conduct, Sterilite has suffered, and unless Olivet’s conduct is

enjoined, will continue to suffer, actual damages and irreparable harm and dilution, as to which it

has no adequate remedy at law. Sterilite requests injunctive relief under Mass. Gen. Laws ch.

110H, § 13.

COUNT IV

(Common Law Unfair Competition)

66. Sterilite incorporates the allegations contained in the preceding paragraphs as if

fully set forth herein.

67. Olivet markets, offers for sale, and sells Knock-Off Products in Massachusetts.

68. Olivet’s conduct has caused and is likely to continue to cause confusion or

mistake among the trade and the public as to the affiliation, connection, or association of Olivet’s

Knock-Off Products with Sterilite, and/or as to the origin, sponsorship, or approval of the

Knock-Off Products by Sterilite.

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69. Olivet’s conduct constitutes misappropriation and misuse of the well-known

Sterilite Trade Dress, false advertising, and unjust enrichment, in violation of Sterilite’s rights

under the common law of unfair competition of the Commonwealth of Massachusetts.

70. Because of Olivet’s conduct, Sterilite has suffered, and unless Olivet’s conduct is

enjoined, will continue to suffer, actual damages and irreparable harm, as to which it has no

adequate remedy at law.

COUNT V

(Tortious Interference with Business Relationships)

71. Sterilite incorporates the allegations contained in the preceding paragraphs as if

fully set forth herein.

72. Sterilite has numerous ongoing business relationships with customers and

retailers. It is likely that Sterilite will continue to do business with these customers and retailers

in the future. On information and belief, Olivet knew of these business relationships.

73. Despite this knowledge, Olivet knowingly and intentionally interfered with

Sterilite’s business relationships.

74. On information and belief, Olivet knowingly induced third parties to cease their

business relationships with Sterilite.

75. Olivet’s interference was improper in motive or means.

76. Sterilite has suffered, and unless Olivet’s conduct is enjoined, will continue to

suffer, actual damages and irreparable harm, as to which it has no adequate remedy at law.

REQUEST FOR RELIEF

WHEREFORE, Sterilite respectfully requests that this Court:

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1. Permanently enjoin Olivet and its predecessors, successors, divisions,

subsidiaries, or joint ventures thereof, together with any and all parent or affiliated companies or

corporations, and all officers, directors, employees, agents, attorneys, representatives, those

acting in privity or concern with them, or on their behalf, from further infringing the Sterilite

Trade Dress, or from using any other mark, brand, or designation that is a colorable imitation of

the Sterilite Trade Dress, or is likely to be confused with the Sterilite Trade Dress, and from

engaging in further unfair competition and unfair or deceptive acts or practices;

2. Enter judgment in favor of Sterilite on each of its claims;

3. Award Sterilite its actual damages in an amount to be determined at trial, trebled

under Mass. Gen. Laws ch. 93A;

4. Award Sterilite its attorneys’ fees under 15 U.S.C. § 1117 and Mass Gen. Laws

ch. 93A;

5. Award Sterilite its costs in this action; and

6. Grant to Sterilite such other relief as may be just and warranted under the

circumstances.

DEMAND FOR JURY TRIAL

Sterilite claims a trial by jury on all issues so triable.

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Dated: March 1, 2022 Respectfully submitted,

WILMER CUTLER PICKERING

HALE AND DORR LLP

/s/ Mark G. Matuschak

Mark G. Matuschak (BBO# 543873)
Vinita Ferrera (BBO# 631190)
John V. Hobgood (BBO#663356)
Jeffrey M. Soller (BBO#703959)
WILMER CUTLER PICKERING
HALE AND DORR, LLP
60 State Street
Boston, MA 02109
Telephone: +1-617-526-6000
Facsimile: +1-617-526-5000

Attorneys for Plaintiff STERILITE

CORPORATION.

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Exhibit A
 Case 1:22-cv-10327-RGS Document 1-1 Filed 03/01/22 Page 2 of 3 STERILITE Storage Unit Products
Ad Images

Valu Home Centers

09/04/2016
Fred Meyer Fred Meyer
11/15/2015 11/13/2016
Valu Home Centers
01/20/2014

Target
Walmart 05/11/2009
03/31/2014
2
 Case 1:22-cv-10327-RGS Document 1-1 Filed 03/01/22 Page 3 of 3 STERILITE Wastebaskets
Ad Images

Fred Meyer
12/06/2020
Target Walmart
07/19/2020 12/29/2019
Target
08/04/2019

Walmart
01/12/2020
3
Case 1:22-cv-10327-RGS Document 1-2 Filed 03/01/22 Page 1 of 3

Exhibit B
Case 1:22-cv-10327-RGS Document 1-2 Filed 03/01/22 Page 2 of 3 OLIVET Knock-Off Products
All reviews collected are from Walmart.com

2
Case 1:22-cv-10327-RGS Document 1-2 Filed 03/01/22 Page 3 of 3 OLIVET Knock-Off Products
All reviews collected are from Walmart.com

3
Case 1:22-cv-10327-RGS Document 1-3 Filed 03/01/22 Page 1 of 3

Exhibit C
 Case 1:22-cv-10327-RGS Document 1-3 Filed 03/01/22 Page 2 of 3 Storage Products
Additional Competitive Items

Suncast Workzone HDX HDX

Maxit
4-Shelf Tall, 2- Tall Cabinet Base Cabinet and Utility Base/Wall Cabinet
2-Door Tall
Shelf Base, and 25” Cabinet
Cabinet
3 Drawer Utility
Cabinets

2
 Case 1:22-cv-10327-RGS Document 1-3 Filed 03/01/22 Page 3 of 3 SwingTop Wastebaskets
Additional Competitive Items

KIS Sterilite Curver Sterilite HMS (Hefty)

32 Qt. SwingTop 13 Gal. SwingTop 50 Qt. SwingTop 13.2 Gal. SwingTop 13.5 Gal. SwingTop
Wastebasket Wastebasket Wastebasket Wastebasket Wastebasket

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JS 44 (Rev. 10/20) Case 1:22-cv-10327-RGS
CIVILDocument
COVER 1-4 Case Number
Filed 03/01/22
SHEET Page1:22-cv-10327
1 of 1
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
STERILITE CORPORATION
OLIVET INTERNATIONAL, INC.
(b) County of Residence of First Listed Plaintiff Middlesex County, MA County of Residence of First Listed Defendant Riverside County, CA
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
Mark G. Matuschak (BBO# 543873) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
(c) Attorneys (Firm Name, Address, and Telephone Number) Vinita Ferrera (BBO# 631190)
John V. Hobgood (BBO#663356)
THE TRACT OF LAND INVOLVED.
Jeffrey M. Soller (BBO#703959)
WILMER CUTLER PICKERING Attorneys (If Known)
Matthew S. Trokenheim
HALE AND DORR, LLP
Goldberg Segalla
60 State Street
1037 Raymond Boulevard
Boston, MA 02109
Suite 1010
Telephone: +1-617-526-6000
Newark, New Jersey 07102
Facsimile: +1-617-526-5000

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 880 Defend Trade Secrets 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards Act of 2016 (15 USC 1681 or 1692)
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 485 Telephone Consumer
190 Other Contract Product Liability ✖ 380 Other Personal 720 Labor/Management SOCIAL SECURITY Protection Act
195 Contract Product Liability 360 Other Personal Property Damage Relations 861 HIA (1395ff) 490 Cable/Sat TV
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securities/Commodities/
362 Personal Injury - Product Liability 751 Family and Medical 863 DIWC/DIWW (405(g)) Exchange
Medical Malpractice Leave Act 864 SSID Title XVI 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUITS 895 Freedom of Information
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act
240 Torts to Land 443 Housing/ Sentence or Defendant) 896 Arbitration
245 Tort Product Liability Accommodations 530 General 871 IRS—Third Party 899 Administrative Procedure
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION 26 USC 7609 Act/Review or Appeal of
Employment Other: 462 Naturalization Application Agency Decision
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
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):
15 U.S.C. § 1125(a)
VI. CAUSE OF ACTION Brief description of cause:
Sterilite brings this action for unfair competition, infringement of trade dress, and corresponding state law claims
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. Exceeding $75,000 JURY DEMAND: ✖ Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
March 1, 2022 /s/Mark Matuschak
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

 Case 1:22-cv-10327-RGS Document 1-5 Filed 03/01/22 Page 1 of 1
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS Case Number 1:22-cv-10327

1. Title of case (name of first party on each side only) Sterilite Corporation v. Olivet International, Inc.

 Category in which the case belongs based upon the numbered nature of suit code listed on the civil cover sheet. (See local
rule 40.1(a)(1)).

, 40, 41, 4, 535, 830*,  8, 893, R.23, REGARDLESS OF NATURE OF SUIT.

II. 130, 190, 196, 370, 37, 440, 442, 443, 445, 446, 448,  820*, 840*, .

✔ III. 120, 150, 151, 152, 153, 195, 210, 220, 24, 310, 315,  330, 340, 345, 350, 355, 360, 36,
367, 368, 37,38,422, 423, 40, 460, 462, 463, 465,  510, 530, 540, 550, 555, 
625, 690, 7, 791, 861-865, 80,8,950.
*Also complete AO 120 or AO 121. for patent, trademark or copyright cases.

3. Title and number, if any, of related cases. (See local rule 40.1(g)). If more than one prior related case has been filed in this
district please indicate the title and number of the first filed case in this court.

4. Has a prior action between the same parties and based on the same claim ever been filed in this court?

YES  NO ✔
5. Does the complaint in this case question the constitutionality of an act of congress affecting the public interest? (See 28 USC
§2403)

YES  NO ✔

If so, is the U.S.A. or an officer, agent or employee of the U.S. a party?

YES  NO 
6. Is this case required to be heard and determined by a district court of three judges pursuant to title 28 USC §2284?

YES  NO ✔

7. Do all of the parties in this action, excluding governmental agencies of the United States and the Commonwealth of
Massachusetts (“governmental agencies”), residing in Massachusetts reside in the same division? - (See Local Rule 40.1(d)).

YES  NO ✔
A. If yes, in which division do all of the non-governmental parties reside?

Eastern Division  Central Division  Western Division 

B. If no, in which division do the majority of the plaintiffs or the only parties, excluding governmental agencies,
residing in Massachusetts reside?

Eastern Division  Central Division  Western Division 

8. If filing a Notice of Removal - are there any motions pending in the state court requiring the attention of this Court? (If yes,
submit a separate sheet identifying the motions)

YES  NO ✔
(PLEASE TYPE OR PRINT)
ATTORNEY'S NAME Mark Matuschak
ADDRESS 60 State Street Boston, MA 02109
TELEPHONE NO. 617-526-6000
(CategoryForm-20.wpd )