Ashley Furniture Indus. v. Furniture World Distribs. - Complaint

Case 2:17-cv-01457 Document 1 Filed 03/02/17 Page 1 of 21 PageID: 1
Thomas R. Curtin
George C. Jones
GRAHAM CURTIN
A Professional Association
4 Headquarters Plaza
P.O. Box 1991
Morristown, New Jersey 07962-1991
(973) 292-1700
Attorneys for Plaintiff
Ashley Furniture Industries, Inc.
UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY
)
ASHLEY FURNITURE INDUSTRIES, )
INC., a Wisconsin Corporation, ) Civil Action No. 17-1457
)
Plaintiff, )
)
v. )
)
FURNITURE WORLD DISTRIBUTORS, ) COMPLAINT
INC., a New Jersey Corporation, ) AND JURY DEMAND
)
Defendant. )
)
Plaintiff, Ashley Furniture Industries, Inc. (Ashley or Plaintiff), sets forth its
Complaint against Defendant, Furniture World Distributors, Inc. (Furniture World or
Defendant), as follows:
NATURE OF THE ACTION
1. This is an action for design patent and copyright infringement. The accused
products are various pieces of furniture, including bed frames, dressers, night stands, and
mirrors.
THE PARTIES
2. Plaintiff is a Wisconsin corporation having its principal place of business at One

Ashley Way, Arcadia, Wisconsin 54612.
3. On information and belief, Furniture World is a New Jersey corporation having its
principal place of business at 1 Passaic Street, Building 68, Wood-Ridge, New Jersey 07075.
JURISDICTION AND VENUE
4. Subject matter jurisdiction is conferred upon this Court by 28 U.S.C. 1331 and
1338. Additionally, this Court has diversity jurisdiction under 28 U.S.C. 1332.
5. On information and belief, this Court has personal jurisdiction over Defendant
Furniture World because it is incorporated in New Jersey and conducts business in New Jersey.
On its website, http://www.furnitureworlddistributors.com, Defendant Furniture World states
that it is located at 1 Passaic Street, Bldg 68, Wood-Ridge, NJ 07075.
http://www.furnitureworlddistributors.com/contact-us. On information and belief, Furniture
World has offered for sale, sold and/or otherwise distributed the accused infringing furniture,
identified below, in this judicial district, including at this address.
6. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b) and (c),
as well as 28 U.S.C. 1400(a) and (b).
FACTUAL BACKGROUND
7. Ashley is the largest furniture manufacturer, and the best-selling furniture brand,
in North America. Ashley sells home furnishings and accessories in this judicial district and
elsewhere, including through two distribution channels, namely, a network of thousands of
independent third party retailers and over 600 licensed stores operating under the names and
marks ASHLEY FURNITURE HOMESTORE and ASHLEY HOMESTORE.
8. Ashley has designed and created appealing designs, including the creation,
selection and arrangement of protectable, non-functional, ornamental, original sculptural works
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for furniture products. Ashleys works include original sculptural ornamental designs and
constitute original works of authorship fixed in a tangible medium of expression, from which the
original works can be perceived, reproduced or otherwise communicated.
9. Many of Ashleys works have been enormously successful, including those
incorporated within the Ashley Leahlyn Collection depicted in Exhibit A (Ashley Works). The
Ashley Leahlyn Collection includes the Ashley Leahlyn Bedframe, the Ashley Leahlyn Dresser,
the Ashley Leahlyn Mirror, the Ashley Leahlyn 5-Drawer Chest, and the Ashley Leahlyn 2-
Drawer Night Stand, for which perspective views are shown below.
10. The Ashley Works are protected by design patents and/or copyrights. Ashley has
assigned the group designation B526 to its Ashley Leahlyn Collection.
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11. The Ashley Leahlyn Collection has been widely disseminated, having been sold,
offered for sale and displayed for years throughout the United States, including at ASHLEY
FURNITURE HOMESTORE, ASHLEY HOMESTORE, the internet, and independent furniture
retailers.
12. Defendant has embarked on a large scale effort to knock-off the Ashley Leahlyn
Collection, slavishly copying the Ashley Works, including copying of the selection, arrangement
and placement of Ashleys ornamental designs, culminating in Defendants B426 furniture line
(B426 Products). Examples of Defendants B426 Products are depicted below, and
screenshots of Defendants website and Facebook page depicting the B426 Products are attached
as Exhibit B.
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13. On information and belief, Defendant has sold, offered for sale, and promoted the
sale of its B426 Products in the United States. Exhibit C is a true and correct copy of an email
dated December 12, 2016, sent from a representative of Defendant, Mr. Rui DaCruza, stating in
part:
Attached is a photo of a new bedroom from Furniture World, the B426. Set is IN
STOCK and ready to ship. This set is exactly the same as the Ashley B526,
same finish and same size BUT we are cheaper .
***
Our container price on this set is also cheaper than Ashley, anyone who is
interested please contact me for pricing.
(See Exhibit C) (emphasis added).
14. Exhibit D shows a side-by-side view comparing Ashleys Leahlyn B526 furniture
and Defendants B426 Products.
15. A visual comparison of Ashleys Leahlyn B526 bedframe and Defendants B426
bedframe, showing Defendants slavish copying of the Ashley Works, is shown below.
Ashley B526 bedframe Furniture World B426 bedframe
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16. A visual comparison of the Ashleys Leahlyn B526 headboard and Defendants
B426 headboard, showing Defendants slavish copying of the Ashley Works, is shown below.
Ashley B526 headboard Furniture World B426 headboard
17. A visual comparison of the ornamental woodwork and metalwork on Ashleys
Leahlyn B526 headboard and Defendants B426 headboard, showing Defendants slavish
copying of the Ashley Works, is shown below.
Ashley B526 headboard
Furniture World B426 headboard
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18. A visual comparison of the Ashleys Leahlyn B526 footboard and Defendants
B426 footboard, showing Defendants slavish copying of the Ashley Works, is shown below.
Ashley B526 footboard Furniture World B426 footboard
Leahlyn B526 footboard and Defendants B426 footboard, showing Defendants slavish copying
of the Ashley Works, is shown below.
Ashley B526 footboard
Furniture World B426 footboard
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20. A visual comparison of the ornamental woodwork on the headboard posts and
footboard posts of Ashleys Leahlyn B526 and Defendants B426 bedframe, showing
Defendants slavish copying of the Ashley Works, is shown below.
Headboard Post Footboard Post Headboard Post Footboard Post

Ashley B526 bedframe Furniture World B426 bedframe
21. A visual comparison of Ashleys Leahlyn B526 dresser and Defendants B426
dresser, showing Defendants slavish copying of the Ashley Works, is shown below.
Ashley B526 dresser Furniture World B426 dresser
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22. A visual comparison of the ornamental woodwork on Ashleys Leahlyn B526
dresser and Defendants B426 dresser, showing Defendants slavish copying of the Ashley
Works, is shown below.
Ashley B526 dresser Furniture World B426 dresser

23. A visual comparison of Ashleys Leahlyn B526 mirror and Defendants B426
mirror, showing Defendants slavish copying of the Ashley Works, is shown below.
Ashley B526 mirror Furniture World B426 mirror
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Leahlyn B526 mirror and Defendants B426 mirror, showing Defendants slavish copying of the
Ashley Works, is shown below.
Ashley B526 mirror
Furniture World B426 mirror

25. A visual comparison of Ashleys Leahlyn B526 2-drawer night stand and
Defendants B426 night stand, showing Defendants slavish copying of the Ashley Works, is
shown below.
Ashley B526 night stand Furniture World B426 night stand

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26. A visual comparison of Ashleys Leahlyn B526 5-drawer chest and Defendants
B426 chest, showing Defendants slavish copying of the Ashley Works, is shown below.
Ashley B526 chest Furniture World B426 chest
27. Defendant had access to, and was aware of, the Ashley Works when it adopted the
design for, manufactured and/or had manufactured, sold and offered for sale the B426 furniture.
COUNT I
PATENT INFRINGEMENT: U.S. PATENT NO. D763,594
28. Plaintiff hereby re-alleges the allegations of Paragraphs 1-27 of this Complaint as
if fully set forth herein.
29. United States Patent No. D763,594 (the 594 patent) entitled Bed Frame was
duly and legally issued on August 16, 2016. A true and correct copy of the 594 patent is
attached as Exhibit E.
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30. Plaintiff owns all right, title, and interest in and to the 594 patent.
31. Plaintiff has complied with the notice requirements of 35 U.S.C. 287 with
respect to the 594 patent.
32. Defendant has infringed and continues to infringe the 594 patent, either literally
and/or under the doctrine of equivalents, by manufacturing, selling, offering for sale in the
United States, and/or importing into the United States furniture products (i.e., articles of
manufacture) embodying Ashleys patented design, either directly or through intermediaries,
and/or by contributing to and/or inducing others to do so.
33. Defendants B426 bedframe infringes the 594 patent inasmuch as it has an
overall visual appearance that, to an ordinary observer conversant in the prior art, is substantially
the same as the overall visual appearance of the design claimed in the 594 patent. (See Exhibit
F.)
34. Upon information and belief, a reasonable opportunity for further investigation or
discovery will likely show that, with knowledge of the 594 patent (at least as of the filing of the
Complaint and/or previously at least by willful blindness or otherwise), Defendant, in violation
of 35 U.S.C. 271(b), has induced, and is inducing, the direct infringement of one or more
claims of the 594 patent by (at least) selling, providing support for, and/or providing instructions
for use of the B426 bedframes to its customers with the intent to encourage those customers to
infringe the 594 patent.
of 35 U.S.C. 271(c), has contributorily infringed, and is contributorily infringing, the 594
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patent, by selling the B426 bedframes to its customers in the United States, knowing that such
products are material to practicing the claimed inventions, are not staple articles or commodities
of commerce suitable for substantial non-infringing use, and are especially made or especially
adapted for use in an infringement of the 594 patent.
36. On information and belief, Defendant will continue to infringe Plaintiffs rights in
the 594 patent unless restrained by this Court.
37. Plaintiff has suffered and continues to suffer irreparable injury, for which it has no
adequate remedy at law.
38. As a result of Defendants infringement of the 594 patent, Plaintiff has suffered
damages in an amount to be determined at trial, which includes disgorgement of Defendants
total profits, lost profits, but in no event less than a reasonable royalty for the use made of the
invention by Defendant, together with interest and costs as fixed by the Court.
COUNT II
40. United States Patent No. D722,793 (the 793 patent) entitled Dresser was
duly and legally issued on February 24, 2015. A true and correct copy of the 793 patent is
attached as Exhibit G.
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United States, and/or importing into the United States, furniture products (i.e., articles of
44. Defendants B426 dresser infringes the 793 patent inasmuch as it has an overall
visual appearance that, to an ordinary observer conversant in the prior art, is substantially the
same as the overall visual appearance of the design claimed in the 793 patent. (See Exhibit F.)
for use of the B426 dressers to its customers with the intent to encourage those customers to
patent, by selling the B426 dressers to its customers in the United States, knowing that such
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COUNT III
51. United States Patent No. D728,249 (the 249 patent) entitled Mirror was duly
and legally issued on May 5, 2015. A true and correct copy of the 249 patent is attached as
Exhibit H.
United States, and/or importing into the United States, furniture products (i.e., articles of
55. Defendants B426 mirror infringes the 249 patent inasmuch as it has an overall
15
visual appearance that, to an ordinary observer conversant in the prior art, is substantially the
same as the overall visual appearance of the design claimed in the 249 patent. (See Exhibit F.)
for use of the B426 mirrors to its customers with the intent to encourage those customers to
patent, by selling the B426 mirrors to its customers in the United States, knowing that such
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COUNT IV
COPYRIGHT INFRINGEMENT
61. Plaintiff hereby repeats and incorporates herein the allegations set forth in
paragraphs 1-60 of this Complaint as if fully set forth herein.
62. This claim is against Defendant for copyright infringement in violation of the
Copyright Act of 1976, 17 U.S.C. 101 et. seq.
63. Ashley has filed U.S. copyright applications for Ashley Works, which have been
assigned the following serial numbers: 1-4437683962 (B525 Bed Frame (Queen)), 1-
4437821449 (B526 Bed Frame (King)), 1-4437821525 (B526 Dresser), 1-4437821731 (B526
Mirror), 1-4437821797 (B526 5-Drawer Chest), 1-4437821833 (B526 2-Drawer Night Stand).
As it learns more about the Defendants copying scheme, Ashley may seek other copyright
registrations and seek leave to amend this Complaint.
64. Plaintiff is, and at all relevant times has been, the copyright owner or licensee of
exclusive rights under United States copyrights with respect to the Ashley Works.
65. Plaintiffs Ashley Works contain a substantial amount of original material that
constitutes copyrightable subject matter protected under the Copyright Act of 1976, 17 U.S.C.
101 et. seq. Plaintiff has at all times complied in all respects with the Copyright Act of 1976 and
all other laws of the United States with regard to Plaintiffs Ashley Works.
66. Defendant has had access to Plaintiffs Ashley Works and Defendant has used or
cause to be used various copies, including the B426 Products, constituting unauthorized copies
of Plaintiffs Ashley Works in violation of Plaintiffs exclusive rights under the Copyright Act of
17
1976, 17 U.S.C. 106. Defendants advertising, sales, and use of substantially similar and/or
identical copies of the Ashley Works, including the B426 Products, constitute copyright
infringement in violation of Plaintiffs exclusive rights under the Copyright Act of 1976, 17
U.S.C. 101 et. seq.
67. A reasonable opportunity for further investigation or discovery will likely show
that Defendant has knowingly, willfully and deliberately infringed Plaintiffs copyrights in
Plaintiffs Ashley Works, and has continued to do so in conscious disregard and violation of
Plaintiffs exclusive rights.
68. By reason of Defendants acts of copyright infringement, Plaintiff has suffered
and will continue to suffer irreparable injury unless and until this Court (1) enters an order
enjoining and restraining Defendant from using the Ashley Works in any manner, and (2) orders
all copies of Ashley Works, including the B426 Products, to be impounded.
69. Defendants continuing acts of copyright infringement, unless enjoined, will
cause and have caused irreparable damage to Plaintiff in that Plaintiff will have no adequate
remedy at law to compel Defendant to cease such acts. Plaintiff will be compelled to prosecute a
multiplicity of actions, one action each time Defendant commits such acts, and in each such
action it will be extremely difficult to ascertain the amount of compensation that will afford
Plaintiff adequate relief.
70. By reason of Defendants acts of copyright infringement, Plaintiff has suffered
damages in an amount to be determined at trial. Plaintiff is entitled to recover, among other
things, all applicable statutory damages, and all profits received or otherwise achieved, directly
or indirectly, by Defendant in connection with its manufacturing, importing, advertising and
sales of the B426 Products.
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PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for the following relief:
1. A finding that United States Patent No. D763,594 is valid, and that
Defendant has infringed the 594 patent;
4. A finding that Plaintiff holds valid copyrights in its proprietary Ashley

Works and that Defendant has infringed them;
5. An injunction permanently enjoining Defendant, and its directors, officers,

agents, servants, employees and all other persons in active concert or
privity or in participation with it, from:
a. directly or indirectly infringing the 594, 793, and 249

patents;
b. directly or indirectly infringing the Plaintiffs copyrights;
c. continuing to make, use, sell, or offer to sell any products

in the U.S., and/or import any products into the U.S., which
infringe the 594 patent, 793 patent, and/or 249 patent
and/or Plaintiffs copyrights; and
d. assisting, inducing, or aiding or abetting any other person

or entity in engaging in any of the activities prohibited in
subparagraphs (a) through (c) above;
6. An order requiring the impounding and destruction of all products

infringing the Plaintiffs design patent and copyrights;
7. An order requiring Defendant to file with the Court and serve on Plaintiff,
within 30 days after service of the Courts order as herein prayed, a report
(or other form of proof) in writing and under oath setting forth in detail the
manner and form in which Defendant has complied with the Courts
injunction;
8. An order requiring Defendant to account to Plaintiff for all revenue and

profits derived by Defendant from the manufacturer, importation,
advertisement and sale of the infringing B426 Products;
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9. A judgment entered for Plaintiff and against Defendant for all damages
sustained by Plaintiff and/or any applicable statutory damages for
Defendants acts of infringement, damages sustained by Plaintiff, treble
damages, and pre-judgment and post-judgment interest;
10. An accounting from Defendant for all gains, profits, and advantages
derived from acts of infringement and/or other violations of the law as
alleged herein, including disgorgement of Defendants total profits under
35 U.S.C. 289;
11. An award of attorneys fees and costs incurred in bringing this action;
12. A judgment that Defendant has willfully and deliberately infringed

Plaintiff rights, and that this is an exceptional case entitled Plaintiff to
enhanced damages;
13. An order for such further relief as the Court deems proper under the
circumstances.
JURY DEMAND
Plaintiff demands a trial by jury on all issues so triable.
CERTIFICATION PURSUANT TO L. CIV. R. 11.2
Plaintiff, by its undersigned counsel, hereby certifies pursuant to Local Civil Rule 11.2
that the matters in controversy are not the subject of any other action pending in any court or of
any pending arbitration or administrative proceeding.
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Dated: March 2, 2017 /s/ Thomas R. Curtin

Thomas R. Curtin
George C. Jones
GRAHAM CURTIN
A Professional Association
4 Headquarters Plaza
P.O. Box 1991
Morristown, New Jersey 07962-1991
(973) 292-1700
(973) 292-1767 (fax)
E-mail: tcurtin@GrahamCurtin.com
gjones@GrahamCurtin.com
Thomas J. Wimbiscus
Christopher V. Carani
Philipp Ruben
MCANDREWS, HELD & MALLOY, LTD.
500 West Madison Street
34th Floor
Chicago, IL 60661
(312) 775-8000
(312) 775-8100 (fax)
E-mail: twimbiscus@mcandrews-ip.com
ccarani@mcandrews-ip.com
pruben@ mcandrews-ip.com
Attorneys For Plaintiff,

Ashley Furniture Industries, Inc.
21
Case 2:17-cv-01457 Document 1-1 Filed 03/02/17 Page 1 of 8 PageID: 22
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
Side-by-Side Comparison of
Bed Frame
Ashley B526 Bedframe Furniture World B426
Bed Frame
Ashley B526 Headboard Furniture World B426
Bed Frame
Ashley B526
Headboard
Furniture
World B426
Bed Frame
Ashley B526 Footboard Furniture World B426
Bed Frame
Ashley B526
Footboard
Furniture World B426

Bed Frame
Ashley B526 Bedframe Furniture World B426
Backboard Post Footboard Post Backboard Post Footboard Post

Dresser
Ashley B526 Dresser Furniture World B426
Dresser
Ashley B526 Dresser Furniture World B426
Mirror
Ashley B526 Mirror Furniture World B426
Mirror
Ashley B526 Mirror
Furniture World
B426
Nightstand
Ashley B526 Nigh Stand Furniture World B426
Drawer Dresser
Ashley B526 Drawer Chest Furniture World B426
EXHIBIT E
EXHIBIT F
Bed Frame
Ashley 594 Patent Furniture World B426
Side-by-Side Comparison
Bed Frame
Bed Frame
Ashley 594 Patent

Bed Frame
Bed Frame
Ashley 594 Patent
Furniture World
B426
Bed Frame
Backboard Post Footboard Post Backboard Post Footboard Post

Dresser
Dresser
Mirror
Mirror
Ashley 249 Patent

EXHIBIT G
EXHIBIT H
JS 44 (Rev. 07/16) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

ASHLEY FURNITURE INDUSTRIES, INC., a Wisconsin Corporation FURNITURE WORLD DISTRIBUTORS, INC., a New Jersey
Corporation
(b) County of Residence of First Listed Plaintiff (Wisconsin) County of Residence of First Listed Defendant Bergen
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, Email and Telephone Number) Attorneys (If Known)
Thomas R. Curtin, GRAHAM CURTIN, P.A., 4 Headquarters Plaza,
P.O. Box 1991, Morristown, NJ 07962-1991; tcurtin@GrahamCurtin.com;
(973) 292-1700
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)
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 840 Trademark 460 Deportation
Student Loans 340 Marine Injury Product 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 480 Consumer Credit
of Veterans Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) 490 Cable/Sat TV
160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 850 Securities/Commodities/
190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI Exchange
195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 890 Other Statutory Actions
196 Franchise Injury 385 Property Damage 751 Family and Medical 891 Agricultural Acts
362 Personal Injury - Product Liability Leave Act 893 Environmental Matters
Medical Malpractice 790 Other Labor Litigation 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS Act
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff 896 Arbitration
220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) 899 Administrative Procedure
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party Act/Review or Appeal of
240 Torts to Land 443 Housing/ Sentence 26 USC 7609 Agency Decision
245 Tort Product Liability Accommodations 530 General 950 Constitutionality of
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION State Statutes
Employment Other: 462 Naturalization Application
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an X in One Box Only)
1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. Section 271; 17 U.S.C. Section 101 et seq.
VI. CAUSE OF ACTION Brief description of cause:
Design patent infringement and copyright infringement
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
03/02/2017 /s/ Thomas R. Curtin
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 07/16)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
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time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
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II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
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citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
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sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
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PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
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Ashley Furniture Indus. v. Furniture World Distribs. - Complaint

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Ashley Furniture Indus. v. Furniture World Distribs. - Complaint

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Case 2:17-cv-01457 Document 1 Filed 03/02/17 Page 1 of 21 PageID: 1

UNITED STATES DISTRICT COURT

Complaint against Defendant, Furniture World Distributors, Inc. (Furniture World or

NATURE OF THE ACTION

2. Plaintiff is a Wisconsin corporation having its principal place of business at One

Ashley Way, Arcadia, Wisconsin 54612.

JURISDICTION AND VENUE

On its website, http://www.furnitureworlddistributors.com, Defendant Furniture World states

that it is located at 1 Passaic Street, Bldg 68, Wood-Ridge, NJ 07075.

http://www.furnitureworlddistributors.com/contact-us. On information and belief, Furniture

identified below, in this judicial district, including at this address.

as well as 28 U.S.C. 1400(a) and (b).

elsewhere, including through two distribution channels, namely, a network of thousands of

marks ASHLEY FURNITURE HOMESTORE and ASHLEY HOMESTORE.

selection and arrangement of protectable, non-functional, ornamental, original sculptural works

original works can be perceived, reproduced or otherwise communicated.

9. Many of Ashleys works have been enormously successful, including those

assigned the group designation B526 to its Ashley Leahlyn Collection.

FURNITURE HOMESTORE, ASHLEY HOMESTORE, the internet, and independent furniture

(See Exhibit C) (emphasis added).

and Defendants B426 Products.

Ashley B526 bedframe Furniture World B426 bedframe

Ashley B526 headboard Furniture World B426 headboard

17. A visual comparison of the ornamental woodwork and metalwork on Ashleys

copying of the Ashley Works, is shown below.

Ashley B526 headboard

Furniture World B426 headboard

Ashley B526 footboard Furniture World B426 footboard

19. A visual comparison of the ornamental woodwork and metalwork on Ashleys

of the Ashley Works, is shown below.

Ashley B526 footboard

Furniture World B426 footboard

Defendants slavish copying of the Ashley Works, is shown below.

Headboard Post Footboard Post Headboard Post Footboard Post

Ashley B526 dresser Furniture World B426 dresser

22. A visual comparison of the ornamental woodwork on Ashleys Leahlyn B526

Works, is shown below.

Ashley B526 dresser Furniture World B426 dresser

Ashley B526 mirror Furniture World B426 mirror

24. A visual comparison of the ornamental woodwork and metalwork on Ashleys

Ashley Works, is shown below.

Ashley B526 mirror

Furniture World B426 mirror

Ashley B526 night stand Furniture World B426 night stand

Ashley B526 chest Furniture World B426 chest

PATENT INFRINGEMENT: U.S. PATENT NO. D763,594

if fully set forth herein.

respect to the 594 patent.

manufacture) embodying Ashleys patented design, either directly or through intermediaries,

and/or by contributing to and/or inducing others to do so.

Complaint and/or previously at least by willful blindness or otherwise), Defendant, in violation

infringe the 594 patent.

Complaint and/or previously at least by willful blindness or otherwise), Defendant, in violation

adapted for use in an infringement of the 594 patent.

the 594 patent unless restrained by this Court.

adequate remedy at law.

damages in an amount to be determined at trial, which includes disgorgement of Defendants

PATENT INFRINGEMENT: U.S. PATENT NO. D722,793

if fully set forth herein.

respect to the 793 patent.

manufacture) embodying Ashleys patented design, either directly or through intermediaries,

and/or by contributing to and/or inducing others to do so.

Complaint and/or previously at least by willful blindness or otherwise), Defendant, in violation

infringe the 793 patent.