Charmedbling v. Reflections by Zana - Complaint

Case 4:19-cv-03561 Document 1 Filed on 09/20/19 in TXSD Page 1 of 12
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
CHARMEDBLING, INC.
Case No.
Plaintiff,
v. JURY TRIAL DEMANDED
REFLECTIONS BY ZANA, LLC
Defendant.
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff Charmedbling, Inc. (“Plaintiff”) for its Complaint against Defendant Reflections by
Zana, LLC (“Defendant”) hereby alleges as follows:
NATURE OF THE ACTION
1. This is a civil action for the infringement of United States Design Patent Nos.
D705,111 (“the D111 patent”) and D705,112 (“the D112 patent”) (collectively, the “patents-in-suit”)
under the Patent Laws of the United States, 35 U.S.C. §101 et seq., arising from Defendant’s
importing, offering to sell, and/or selling of infringing products.
2. Defendant has used and continues to use the claimed designs of the patents-in-suit,
without Plaintiff’s permission, on stethoscope charms that Defendant imports into the United States
and offers for sale and/or sells in the United States.
3. Plaintiff seeks, among other relief, an injunction preventing Defendant from further
infringing the patents-in-suit, and damages and/or a disgorgement of Defendant’s profits from its
patent infringements.
1
THE PARTIES
4. Plaintiff is a California corporation having its principal place of business at 6315
Dwane Avenue, San Diego, California, 92120.
5. Upon information and belief, Defendant is a Texas limited liability company having
its principal place of business at 3318 Mulligan Court, Sugar Land, Texas, 77498.
JURISDICTION AND VENUE
6. This is an action arising under the Patent Laws of the United States, 35 U.S.C. § 271
et seq. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and
1338.
7. This Court has personal jurisdiction over Defendant because (a) Defendant is a Texas
company having its principal place of business in Sugar Land, Texas; (b) upon information and
belief, Defendant regularly conducts business in Texas through the importation and/or sale of
products in Texas; and (c) Defendant has committed and continues to commit acts of infringement
in violation of 35 U.S.C. § 271, and places infringing products into the stream of commerce, with
the knowledge or understanding that such products are sold in the State of Texas, including in this
District.
8. Venue is proper under 28 U.S.C. §§ 1391(b) and (c), and/or 1400(b), because
Defendant is subject to personal jurisdiction in this District, and Defendant has committed acts of
patent infringement in this District by selling and offering to sell stethoscope charms that infringe
the patents-in-suit.
THE PATENTS-IN-SUIT
9. On May 20, 2014, the D111 patent, entitled “Stethoscope Ornamentation,” was duly
and legally issued by the U.S. Patent and Trademark Office (“USPTO”). A true and correct copy of
2
the D111 patent is attached as Exhibit A. The D111 patent is valid, enforceable and currently in full
force and effect. A representative image from the D111 patent is below:
10. Plaintiff is the assignee and owner of all substantial rights, title, and interest in the
D111 patent, including the right to bring this action and enforce the D111 patent against infringers,
and to collect damages for all relevant times.
11. On May 20, 2014, the D112 patent, entitled “Stethoscope Ornamentation,” was duly
and legally issued by the USPTO. A true and correct copy of the D112 patent is attached as Exhibit
B. The D112 patent is valid, enforceable and currently in full force and effect. A representative
image from the D112 patent is below:
3
12. Plaintiff is the assignee and owner of all substantial rights, title, and interest in the
D112 patent, including the right to bring this action and enforce the D112 patent against infringers,
and to collect damages for all relevant times.
FACTUAL BACKGROUND
13. Jennifer Namazy, the inventor of the patents-in-suit, is a medical doctor licensed to
practice in California. Dr. Namazy is the owner of Charmedbling, Inc. Dr. Namazy protected her
innovative designs by obtaining the patents-in-suit.
14. As shown in the Notice of Recordation of Assignment Document attached as Exhibit
C, Plaintiff owns, by way of assignment, each of the patents-in-suit. Plaintiff imports, sells, and
promotes stethoscope charm products whose ornamental designs are protected by the patents-in-suit.
As shown in the attached Exhibit D, these stethoscope charms are offered for sale and/or sold in the
United States, including in Texas, through Plaintiff’s website, www.get-charmed.com.
15. On information and belief, Defendant imports stethoscope charms and offers
stethoscope charms for sale from Defendant’s principle place of business in the Houston, Texas area.
16. On information and belief, the overall appearance of the designs of the patents-in-
suit and the corresponding designs of Defendant’s stethoscope charms are substantially the same.
On information and belief, an ordinary observer will perceive the overall appearance of the designs
of the patents-in-suit and the corresponding designs of Defendant’s stethoscope charms to be
substantially the same.
17. On information and belief, Defendant owns and operates the website
www.reflectionsbyzana.shop and operates a site entitled “Reflections by Zana” on the e-commerce
site www.etsy.com. At least through its website and e-commerce site, Defendant offers various
4
products for sale, including stethoscope charms.1 These stethoscope charms include rhinestone
stethoscope charms of various colors, pearl stethoscope charms of various colors, mixed rhinestone
and pearl stethoscope charms of various colors, and partially studded stethoscope charms
(collectively, the “accused products”). For example, the attached Exhibit E shows infringing
stethoscope charms for sale on the website www.reflectionsbyzana.shop and the attached Exhibit F
shows infringing stethoscope charms for sale on the e-commerce site www.etsy.com, which, on
information and belief, is operated by Defendant.
18. Plaintiff, though its counsel, notified Defendant of the patents-in-suit on May 24,
2019, by way of letter and email addressed to Ms. Aneesha Smith, director of Reflections by Zana,
LLC. Ms. Smith acknowledged receipt of Plaintiff’s notice on June 1, 2019.
19. On information and belief, Defendant temporarily removed the infringing products
from its website and e-commerce site in early June, but resumed selling the accused products shortly
thereafter. Plaintiff, though its counsel, sent a second notice of the infringement to Defendant via
email on July 24, 2019, again requesting removal of the accused products from Defendant’s website
and e-commerce site. Defendant, through its counsel, responded on July 31, 2019, with an assertion
that Defendant did not infringe the D111 patent, but, importantly, did not assert that Defendant did
not infringe the D112 patent. In response, on August 14, 2019, Plaintiff provided side-by-side
comparisons of the accused products and the representative figures of the patents-in-suit. Defendant,
through its counsel, responded on August 29, 2019, asserting that Defendant did not infringe either
the D111 or the D112 patent. After further discussions, it became apparent Defendant was unwilling
to immediately cease all sales of the infringing stethoscope charms.
1
See https://www.reflectionsbyzana.shop/shop/22740622/stethoscope-charms;
see also https://www.etsy.com/shop/ReflectionsbyZana?ref=simple-shop-header-name&listing_id=579200838.
5
20. Since receipt of the aforementioned notices, Defendant has continued to import, sell
and/or offer for sale one or more of the accused products and has refused to discontinue its sales of
the accused products.
21. On information and belief, Defendant, with full knowledge of the patents-in-suit and
without a good-faith belief that the accused products did not infringe the patents-in-suit, has and
continues to intentionally infringed the patents-in-suit.
CLAIMS FOR RELIEF
FIRST CLAIM FOR RELIEF: (INFRINGEMENT OF THE D111 PATENT)
22. Plaintiff hereby incorporates by reference paragraphs 1-21 as if fully set forth herein.
23. The claimed design of the D111 patent is shown in Figures 1-8 of the patent and
described in the accompanying figure descriptions. See Exhibit A.
24. Defendant offers stethoscope charms for sale, including through its website and e-
commerce site. As the side-by-side comparisons shown below reveal, Defendant has
misappropriated Plaintiff’s patented stethoscope charm designs in the accused products:
Defendant’s Stethoscope Charms Figures from D111
6
25. In the eye of the ordinary observer familiar with the relevant prior art, giving such
attention as a purchaser usually gives, the claimed design of the D111 patent and the ornamental
design of the stethoscope charms are substantially the same, such that the ordinary observer would
be deceived into believing that the design of Defendant’s stethoscope charms is the design claimed
in the D111 patent.
26. Plaintiff did not give Defendant authorization or license to make, import, use, offer
to sell, or sell the accused products.
27. Defendant has directly infringed, and continues to directly infringe, the D111 patent
by making, using, offering to sell, selling and/or importing stethoscope charms, including the
accused products, having substantially the same ornamental design as the design claimed in the
D111 patent, in violation of 35 U.S.C. §§ 271(a) and 289.
28. Upon information and belief, Defendant also induced, and continues to induce,
others to infringe the D111 patent by encouraging and promoting the use and/or sale by others of
stethoscope charms that infringe the D111 patent, including but not limited to accused products, in
violation of 35 U.S.C. § 271(b).
29. Defendant has had actual knowledge of the D111 patent since at least the date on
which Defendant received service of the complaint in this action.
30. Upon information and belief, Defendant has sold and continues to sell, offer to sell,
distribute and market stethoscope charms that infringe the D111 patent, including the accused
products, to end consumers and/or resellers with the intent that these parties will use, market, offer
to sell and/or sell the products in the United States in a manner that infringes the D111 patent.
7
31. Upon information and belief, Defendant knew or should have known that the use,
marketing, offering to sell and selling of the accused products by Defendant or its resellers and/or
customers would directly infringe the D111 patent.
32. Defendant’s direct and induced infringement of the D111 patent has caused and
will continue to cause damage to Plaintiff.
33. Defendant’s direct and induced infringement has also caused and will continue to
cause irreparable harm to Plaintiff unless and until such infringing conduct is enjoined pursuant to
35 U.S.C. § 283 and/or the equitable powers of this Court.
34. Upon information and belief, Defendant’s acts of infringement have been
undertaken with knowledge of the D111 patent. Such acts constitute willful infringement and
make this case exceptional pursuant to 35 U.S.C. §§ 284 and 285, and entitle Plaintiff to enhanced
damages and reasonable attorney fees.
SECOND CLAIM FOR RELIEF: (INFRINGEMENT OF THE D112 PATENT)
35. Plaintiff hereby incorporates by reference paragraphs 1-34 as if fully set forth herein.
36. The claimed design of the D112 patent is shown in Figures 1-8 of the patent and
described in the accompanying figure descriptions. See Exhibit B. A representative image is below:
8
37. Defendant offers stethoscope charms for sale in the United States, including through
its website and e-commerce site. Representative images of stethoscope charms from Defendant’s
website and e-commerce site are set forth in Exhibits E and F.
38. In the eye of the ordinary observer familiar with the relevant prior art, giving such
attention as a purchaser usually gives, the claimed design of the D112 patent and the ornamental
design of the accused products are substantially the same, such that the ordinary observer would
be deceived into believing that the design of Defendant’s stethoscope charms is the design claimed
in the D112 patent.
39. Plaintiff did not give Defendant authorization or license to make, import, use, offer
to sell, or sell the accused products.
40. Defendant has directly infringed, and continues to directly infringe, the D112 patent
by making, using, offering to sell, selling and/or importing stethoscope charms, including the
accused products, having substantially the same ornamental design as the design claimed in the
D112 patent, in violation of 35 U.S.C. §§ 271(a) and 289.
41. Upon information and belief, Defendant also induced, and continues to induce,
others to infringe the D112 patent by encouraging and promoting the use and/or sale by others of
stethoscope charms that infringe the D112 patent, including but not limited to the accused products,
in violation of 35 U.S.C. § 271(b).
42. Defendant has had actual knowledge of the D112 patent since at least the date on
which Defendant received service of the complaint in this action.
43. Upon information and belief, Defendant has sold and continues to sell, offer to sell,
distribute and market stethoscope charms that infringe the D112 patent, including the accused
9
products, to end consumers and/or resellers with the intent that these parties will use, market, offer
to sell and/or sell the products in the United States in a manner that infringes the D112 patent.
44. Upon information and belief, Defendant knew or should have known that the use,
marketing, offering to sell and selling of the accused products by Defendant or its resellers and/or
customers would directly infringe the D112 patent.
45. Defendant’s direct and induced infringement of the D112 patent has caused and
will continue to cause damage to Plaintiff.
46. Defendant’s direct and induced infringement has also caused and will continue to
cause irreparable harm to Plaintiff unless and until such infringing conduct is enjoined pursuant to
35 U.S.C. § 283 and/or the equitable powers of this Court.
47. Upon information and belief, Defendant’s acts of infringement have been
undertaken with knowledge of the D112 patent. Such acts constitute willful infringement and
make this case exceptional pursuant to 35 U.S.C. §§ 284 and 285, and entitle Plaintiff to enhanced
damages and reasonable attorney fees.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests the following relief:
A. Entry of a judgment that Defendant has directly and/or indirectly infringed the
D111 patent and that such infringement has been willful;
B. Entry of a judgment that Defendant has directly and/or indirectly infringed the
D112 patent and that such infringement has been willful;
C. Entry of a permanent injunction against Defendant and its officers, directors,
agents, employees, affiliates, and all others acting in privity or in concert with them, pursuant to
10
35 U.S.C. § 283 and/or the equitable powers of this Court, to prevent further direct and/or induced
infringement of the D111 patent;
D. Entry of a permanent injunction against Defendant and its officers, directors,
agents, employees, affiliates, and all others acting in privity or in concert with them,, pursuant to
35 U.S.C. § 283 and/or the equitable powers of this Court, to prevent further direct and/or induced
infringement of the D112 patent;
E. An award of damages, in an amount to be determined, adequate to compensate
Plaintiff for the infringement that has occurred, pursuant to 35 U.S.C. § 284;
F. An Order requiring Defendant to account for and pay to Plaintiff any and all profits
made by Defendant from sales of the accused products pursuant to 35 U.S.C. § 289;
G. An Order requiring Defendant to pay Plaintiff its costs and attorneys’ fees in this
action pursuant to 35 U.S.C. § 285 and/or other applicable laws;
H. Such other and further relief as the Court may deem just and proper.
11
DATED: September 20, 2019 Respectfully Submitted,
BELL NUNNALLY & MARTIN LLP
By: /s/ Jeffrey A. Tinker
Jeffrey A. Tinker
State Bar No. 24060733
E-mail: jtinker@bellnunnally.com
Perrin Fourmy
State Bar No. 24087535
E-mail: pfourmy@bellnunnally.com
2323 Ross Avenue, Suite 1900
Dallas, Texas 75201-2721
214-740-1411
214-740-5711
ATTORNEYS FOR PLAINTIFF

CHARMEDBLING, INC.
12
Case 4:19-cv-03561 Document 1-1 Filed on 09/20/19 in TXSD Page 1 of 6
USOOD705111S
(12) United States Design Patent (10) Patent No.: US D705,111 S

Namazy (45) Date of Patent: . May 20, 2014
(54) STETHOSCOPE ORNAMENTATION OTHER PUBLICATIONS
Online http://images.cdn.bigcartel.com/bigcartel/theme images/
(76) Inventor: Jennifer Namazy, San Diego, CA (US) 2994.144/max h-1000+max w-1000/header.jpg. Accessed Feb. 5,
2014.
(**) Term: 14 Years Online http://thenerdynurse.Zippykid.netdna-cdn.com/wp-con
tent/uploads/2013/01/image9.png. Accessed Feb. 5, 2014.*
(21) Appl. No. 29/426,805 Online http://media-cache-ak0.pinimg.com/736X/53/96/27/
539627c9fd4e73a2e77967ac1 1606f20.jpg. Accessed Feb. 5, 2014.*
(22) Filed: Jul. 11, 2012 Online http://makingsofanurse.com/wp-content/uploads/2013/01/
(51) LOC (10) Cl 11-01 charMED mine-299x500.jpg. Accessed Feb. 5, 2014.*
(52) U.S. Cl. k .
USPC ............................... D11/3: D1 1/27; D24/134 cited by examiner
(58) Field of Classification Search Primary Examiner — Garth Rademaker
USPC ........ D11/1-39, 40 43, 79-85, 202: 63/29.1, Assistant Examiner — Melanie Pellegrini
63/40, 18, 12, 13; D2/946, 976, 500; (74) Attorney, Agent, or Firm — Winstead PC
D3/318: D24/134; 181/131
See application file for complete search history. (57) CLAM
The ornamental design for a stethoscope ornamentation, as
shown and described.
(56) References Cited DESCRIPTION
U.S. PATENT DOCUMENTS
FIG. 1 is a perspective view of a stethoscope ornamentation
D147,018 S 7, 1947 Rosenberg et al. ............. D1 1/4 showing my new design;
2.461,977 A * 2/1949 Gilmour .......................... D11/1 FIG. 2 is a top view of the stethoscope ornamentation;
D168,103 S * 1 1/1952 Meyer .............. D11 (215 FIG. 3 is a bott f the Steth tation:
D292,560 S * 1 1/1987 Di Maria et al. ............... D11 (42 . 3 is a bouom view oI une stelnoscope ornamentation;
D319,035 S * 8/1991 Kruse .............. D11,202 FIG. 4 is a side view of the stethoscope ornamentation;
D320,572 S * 10/1991 Bulgari . ... D1 1/16 FIG. 5 is an opposite side view of the stethoscope ornamen
D397.953 S * 9/1998 Tong ................................ D1 1/6 tation:
D425,353 S * 5/2000 Foy .............................. D24f134 ---
D450,615 S * 1 1/2001 Ambar .........
D469,374 S * 1/2003 Calvani et al.
... D11776
... D1 1/16
E. . gi a t view of the this ornamentation
7 1s a bottom V1ew of the stethoscope ornamentation;
D51 1,310 S * 1 1/2005 Gruosi ............. ... D11/41 and,
D512,337 S : 12/2005 Della Valle ................... D1 1/4 FIG. 8 is a perspective view of the stethoscope ornamentation
B. E. s : g3. Ellet al. ................ R t
aCOCC .......
showing my new design, with the dashed lines showing the
D651,931 S * 1/2012 Molik .............................. D1 1/3 environment ofuse and forming no part of the claimed inven
D652,517 S * 1/2012 Weaver . D24, 134 t1On.
D667,752 S * 9/2012 Leclerc ........................ D11 (202
D669,809 S * 10/2012 McDonnell et al. ........... D11/12 1 Claim, 5 Drawing Sheets
A
U.S. Patent May 20, 2014 Sheet 1 of 5 US D705,111 S

FG 2
FG 3
FG. 4
F.G. 5

USOOD7051 12S
(12) United States Design Patent (10) Patent No.: US D705,112 S

Namazy (45) Date of Patent: . May 20, 2014
(54) STETHOSCOPE ORNAMENTATION D520,396 S * 5/2006 Park ................................. D11 (4
D528,456 S * 9/2006 Thompson et al. ... D1 1/27
D535,210 S * 1/2007 Park ................... ... D1 1/27
(71) Applicant: Jennifer Namazy, San Diego, CA (US) D565.448 S * 4/2008 Prak et al. ...... ... D1 1/4
ck
(72) Inventor: Jennifer Namazy, San Diego, CA (US) D571,249 S 6, 2008 Frederick et al. ................ D1 1/4
(Continued)
(**) Term: 14 Years OTHER PUBLICATIONS
(21) Appl. No. 29/460,758 online http://images.cdn.bigcartel.com/bigcartel/theme images/
2994.144/max h-1000+max w-1000/header.jpg. Accessed Feb. 4.
(22) Filed: Jul. 15, 2013 2014.
Related U.S. Application Data (Continued)
(63) Continuation of application No. 29/426,805, filed on Primary Examiner — Garth Rademaker
Jul. 11, 2012. Assistant Examiner — Melanie Pellegrini
(51) LOC (10) Cl. ................................................ 11-01 (74) Attorney, Agent, or Firm — Winstead PC
(52) U.S. Cl.
USPC ............................... D11/3: D1 1/27; D24/134 (57) CLAM
(58) Field of Classification Search The ornamental design for a stethoscope ornamentation, as
USPC ........ D11/1-39, 40 43, 79-85, 202: 63/29.1, shown and described.
63/40, 18, 12, 13; D2/946, 976, 500;
D3/318: D24/134; 181/131 DESCRIPTION
See application file for complete search history.
FIG. 1 is a perspective view of a stethoscope ornamentation in
(56) References Cited accordance with the design;
FIG. 2 is a front view thereof;
U.S. PATENT DOCUMENTS FIG. 3 is a back view thereof;
D147,018 S * 7/1947 Rosenberg et al. .............. D1 1/4
FIG. 4 is a left side view thereof;
2.461,977 A * 2/1949 Gilmour .......................... D11/1 FIG. 5 is a right side view thereof;
D168,103 S * 1 1/1952 Meyer .......................... D11/215 FIG. 6 is a top plan view thereof;
D292,560 S * 1 1/1987 Di Maria et al. ............... D11 (42 FIG. 7 is a bottom plan view thereof; and,
D319,035 S * 8/1991 Kruse .............. D11,202 FIG. 8 is a perspective view of the stethoscope ornamentation
D320,572 S * 10/1991 Bulgari ... ... D1 1/16 showing my new design, with the dashed lines showing the
D372,879 S * 8/1996 Partridge ......................... D1 1/4 environment of use and forming no part of the claimed inven
D374,837 S * 10/1996 Austin ... ... D1 1/40
D397.953 S * 9/1998 Tong ................................ D11 6 tion.
D414,129 S * 9/1999 Clegg ............................... D1 1/4 The broken lines shown in the drawings represent portions of
D425,353 S * 5/2000 Foy ....... D24, 134 the stethoscope ornamentation which form no part of the
D450,615 S * 1 1/2001 Ambar ... ... D11776 claimed design. The dotdash lines shown in FIG. 8 represent
D458,180 S * 6/2002 Tschetter ......................... D1 1/4
D469,374 S * 1/2003 Calvani et al. ... D1 1/16 environmental matter and also form no part of the claimed
D51 1,310 S * 1 1/2005 Gruosi ............. ... D11/41 invention.
D512,337 S * 12/2005 Della Valle ...................... D1 1/4
D512.932 S * 12/2005 Della Valle ...................... D1 1/4 1 Claim, 5 Drawing Sheets
B
USD705,112 S
Page 2
(56) References Cited OTHER PUBLICATIONS

U.S. PATENT DOCUMENTS online http://thenerdynurse.Zippykid.netdna-cdn.com/wp-content/
uploads/2013/01/image9.png. Accessed Feb. 4, 2014.*
D619,918 S ck T/2010 Iacomucci ..................... D11 (34 online http://media-cache-ak0.pinimg.com/736X/53/96/27/
ck 1, 2012 Molik ...... ... D1 1/3
D651,931 S 539627c9fd4e73a2e77967ac1 1606f20.jpg. Accessed Feb. 4, 2014.*
D652,517 S ck 1, 2012 Weaver .... D24f134 online http://makingSofanurse.com/wp-content/uploads/2013/01/
D667,752 S ck 9, 2012 Leclerc ........................ D11 (202 charMED mine-299X500.jpg. Accessed Feb. 4, 2014.*
ck 10, 2012 McDonnell et al. ........... D11/12
D669,809 S
2005.0034481 A1 ck 2, 2005 Saltz ................................... 63,3 * cited by examiner
F.G. 1
FG. 2
FG. 3
FG. 4
F.G. 5


SEPTEMBER 4, 2019
PTAS
JEFFREY A. TINKER
2323 ROSS AVE., SUITE 1900
DALLAS, TX 75201
505652545
UNITED STATES PATENT AND TRADEMARK OFFICE

NOTICE OF RECORDATION OF ASSIGNMENT DOCUMENT
THE ENCLOSED DOCUMENT HAS BEEN RECORDED BY THE ASSIGNMENT RECORDATION BRANCH
OF THE U.S. PATENT AND TRADEMARK OFFICE. A COMPLETE COPY IS AVAILABLE AT THE
ASSIGNMENT SEARCH ROOM ON THE REEL AND FRAME NUMBER REFERENCED BELOW.
PLEASE REVIEW ALL INFORMATION CONTAINED ON THIS NOTICE. THE INFORMATION

CONTAINED ON THIS RECORDATION NOTICE REFLECTS THE DATA PRESENT IN THE PATENT
AND TRADEMARK ASSIGNMENT SYSTEM. IF YOU SHOULD FIND ANY ERRORS OR HAVE
QUESTIONS CONCERNING THIS NOTICE, YOU MAY CONTACT THE ASSIGNMENT RECORDATION
BRANCH AT 571-272-3350. PLEASE SEND REQUEST FOR CORRECTION TO: U.S. PATENT
AND TRADEMARK OFFICE, MAIL STOP: ASSIGNMENT RECORDATION BRANCH, P.O. BOX
1450, ALEXANDRIA, VA 22313.
RECORDATION DATE: 09/03/2019 REEL/FRAME: 050252/0779

NUMBER OF PAGES: 4
BRIEF: ASSIGNMENT OF ASSIGNORS INTEREST (SEE DOCUMENT FOR DETAILS).
ASSIGNOR:
NAMAZY, JENNIFER DOC DATE: 08/29/2019
ASSIGNEE:
CHARMEDBLING, INC.
6315 DWANE AVENUE
SAN DIEGO, CALIFORNIA 92120
APPLICATION NUMBER: 29426805 FILING DATE: 07/11/2012

PATENT NUMBER: D705111 ISSUE DATE: 05/20/2014
TITLE: STETHOSCOPE ORNAMENTATION


C
Case 4:19-cv-03561
050252/0779 PAGE 2 Document 1-3 Filed on 09/20/19 in TXSD Page 2 of 2
ASSIGNMENT RECORDATION BRANCH

PUBLIC RECORDS DIVISION
D
Stethoscope Charms - Reflections By Zana, LLC Page 1 of 23
Reflections By Zana, LLC
Shop Gallery Cart (0)
[0
E
https://www.reflectionsbyzana.shop/shop/22740622/stethoscope-charms?page=1 8/29/2019
Reflections By Zana, LLC

•
• Shop
• Gallery
• Contact Us
CATEGORIES
All items
Healthcare Gifts
Best Sellers - ID Badges
Creative/Custom Badges
Country Flag Badges
Sorority Pins & Bags
Pins & Passport Covers
Compression Socks
Stethoscope Charms
RBZ Exp Stethoscopes
Graduation Station
RBZ Tees
Clutch & Totes
Journals & Planner Clips
Umbrellas and Landyards
Wooden Jewelry
RUSH MY ORDER
Scrapbooking Stickers
Scrub/Surgical Hats
Stethoscope Charms
Pearl Rhinestone Stethoscope Charms Gift Graduate Nurse MD Respiratory Therapist School
$10.49
Pink Rhinestone Stethoscope Charm Gift Graduate Nurse MD Respiratory Therapist School
$8.99
Pearl and Pink Rhinestone Stethoscope Charms Graduate Gift Nurse MD Respiratory Therapist Work
$9.95
Purple RN Charm with Rhinestone Bundles for Stethoscope as Gift for Graduate Registered Nurse
$15.98
Pink RN Charm with Rhinestone Bundles for Stethoscope as Gift for Graduate Registered Nurse
$14.95
Pink or Purple Studded RN Rhinestone Stethoscope Charms Gift for Graduate Registered Nurse
$7.49
RN + Color Charm! Black Studded RN Rhinestone Stethoscope Multiple Colored Charms Gift for Graduate Nurse MD Respiratory
Therapist School
$15.98
Purple Mix Stethoscope Rhinestone Charms Gift for Graduate Nurse MD Respiratory Therapist School February Birthstone
$8.99
Black Stethoscope Rhinestone Charms for Nursing Medical Student Grads

$8.99
Blue Stethoscope Rhinestone Charms for Nursing Medical Student Grads

$8.99
Studded RN + All Rhinestone Stethoscope Charms Gift for Graduate Nurse MD Respiratory Therapist School
$9.99
NP Charm Gold Lettering White Enamel Nurse Practitioner Stethoscope Gift Advanced Practice Nurse
$10.49
Pink Pearl Rhinestone Stethoscope Charms Set Graduate Gift Nurse MD Respiratory Therapist Work
$19.99
Green Stethoscope Rhinestone Charms for Nursing Medical Student Grads

$8.99
Yellow Stethoscope Rhinestone Charms for Nursing Medical Student Grads

$8.99
Rhinestone and Pearl Rows Stethoscope Charms Gift for Graduate Nurse MD Respiratory Therapist School
$10.49
Gold Cross Charm with Rhinestones for Stethoscope as Gift for Graduate Nurse Doctor MD Respiratory Therapist CNA Graduation
School
$11.99
Gold Africa or Silver Ankh Charm Black Enamel Stethoscope

$9.49
RRT Stethoscope Charm Registered Respiratory Therapist Stethoscope Graduate Gift Practitioner Bright Turquoise Enamel
$9.49
MD Stethoscope Charms Graduate Gift for MD Physician Med School Ceremony White Enamel Gold Letter
$10.49
◅ 1 2 ▻
Sign up for email updates SUBSCRIBE
NAVIGATE
Shop
Gallery
Shipping and Policies
Contact Us
ELSEWHERE
Facebook
Twitter
Instagram
Pinterest
FINE PRINT
All rights reserved

© 2019 Reflections By Zana, LLC
Powered by Etsy
0 items in your cart Close
Keep shopping! :)
Your Official Representatives for by ReflectionsbyZana on Etsy Page 1 of 17
Browse
Search for items or shops Search Sell on Etsy Register Sign in
Discover Cart
• Jewelry & Accessories

• Clothing & Shoes
• Home & Living
• Wedding & Party
• Toys & Entertainment
• Art & Collectibles
• Craft Supplies
•
Vintage
•
Gifts
F
https://www.etsy.com/shop/ReflectionsbyZana?ref=simple-shop-header-name&listing_id=... 8/29/2019
ReflectionsbyZana
Your Official Representatives for Representation!
_ Houston, Texas 7499 Sales On Etsy since 2015
(888)
L Favorite shop (2698)

SHOP OWNER
Zana
Contact
Items
Sort: Most Recent Sort
Search items
All 192
Healthcare Gifts 17
Best Sellers - ID Badges 14
Creative/Custom Badges 14
Country Flag Badges 6
Sorority Pins & Bags 27
Pins & Passport Covers 6
Compression Socks 16
Stethoscope Charms 24
RBZ Exp Stethoscopes 5
Graduation Station 8
RBZ Tees 6
Cell phone cases 4
Clutch & Totes 15
Journals & Planner Clips 14
Umbrellas and Landyards 9
Wooden Jewelry 3
RUSH MY ORDER 2
Scrapbooking Stickers 1
Scrub/Surgical Hats 1
Request Custom Order
Contact shop owner
7499 Sales
2698 Admirers
Report this shop to Etsy
Pearl Rhinestone Stethoscope Charms Gift Graduate Nurse MD Respiratory Therapist School
$10.49
Free shipping eligible
Pink Rhinestone Stethoscope Charm Gift Graduate Nurse MD Respiratory Therapist School
$8.99
Pearl and Pink Rhinestone Stethoscope Charms Graduate Gift Nurse MD Respiratory Therapist Work
$9.95
Purple RN Charm with Rhinestone Bundles for Stethoscope as Gift for Graduate Registered Nurse
$15.98
Pink RN Charm with Rhinestone Bundles for Stethoscope as Gift for Graduate Registered Nurse
$14.95
Pink or Purple Studded RN Rhinestone Stethoscope Charms Gift for Graduate Registered Nurse
$7.49
RN + Color Charm! Black Studded RN Rhinestone Stethoscope Multiple Colored Charms Gift for Graduate Nurse MD Respiratory Therapist School
$15.98
Purple Mix Stethoscope Rhinestone Charms Gift for Graduate Nurse MD Respiratory Therapist School February Birthstone
$8.99
Black Stethoscope Rhinestone Charms for Nursing Medical Student GradsBlue Stethoscope Rhinestone Charms for Nursing Medical Student Grads
$8.99 $8.99
Free shipping eligible Free shipping eligible
$9.99
NP Charm Gold Lettering White Enamel Nurse Practitioner Stethoscope Gift Advanced Practice Nurse
$10.49
Pink Pearl Rhinestone Stethoscope Charms Set Graduate Gift Nurse MD Respiratory Therapist Work
$19.99
Green Stethoscope Rhinestone Charms for Nursing Medical Student GradsYellow Stethoscope Rhinestone Charms for Nursing Medical Student Grads
$8.99 $8.99
Free shipping eligible Free shipping eligible
Rhinestone and Pearl Rows Stethoscope Charms Gift for Graduate Nurse MD Respiratory Therapist School
$10.49
Gold Cross Charm with Rhinestones for Stethoscope as Gift for Graduate Nurse Doctor MD Respiratory Therapist CNA Graduation School
$11.99
Gold Africa or Silver Ankh Charm Black Enamel Stethoscope

$9.49
RRT Stethoscope Charm Registered Respiratory Therapist Stethoscope Graduate Gift Practitioner Bright Turquoise Enamel
$9.49
MD Stethoscope Charms Graduate Gift for MD Physician Med School Ceremony White Enamel Gold Letter
$10.49
Red Stethoscope Rhinestone Charms for Nursing Medical Student Grads

$8.99
RBG Stethoscope Rhinestone Charms Gift for Graduate Nurse MD Respiratory Therapist School
$8.99
Pink Purple Pearl Rhinestone Stethoscope Charm Set Graduate Gift Nurse MD Respiratory Therapist Work
$18.99
Purple Pearl Rhinestone Stethoscope Charms Set Graduate Gift Nurse MD Respiratory Therapist Work
$9.99
Reviews
Average item review (888)
See reviews that mention:
quality 69 shipping 57 customer service 52
Cassandra Williams on Aug 28, 2019
Great vendor to work with! Definitely will shop with them in the future.
DST Luxe "Crimson" Inspired Travel Bag - Small
Domanique Coronado on Aug 25, 2019
Just received my badge holder and I LOVE it! It's great quality, very sturdy, and beautiful! Thanks so much! I can't wait to wear it to work.
Gold Wrap ID Badge Reel RN Lpn Lvn MD Retractable Holder Afro Bun Flowers Custom Nurse black American Work
Office Gift Pride
Antrenia on Aug 21, 2019
It’s perfect. Quick delivery.
Pink Passport Cover 'Came Through Trippin' with Loc Bun Natural Hair African American Black art Full color Travel gift
kitahurst on Aug 15, 2019
Super cute! I love it.
LaTonya Prim on Aug 11, 2019
Items arrived on time. I love the quality as well. 2 thumbs up!
Nurse Practitioner Earrings Gift Set Nurses Week Gift Registered Nursing Essentials White Stethoscope Charm and NP or
DNP Gold Earrings
◅ 1 2 3 4 5 6 7 8 … 146 ▻
About
♡ Favorite shop (2698) Share Save Tweet
♡ Favorite shop (2698)
Share Save Tweet
Around the web

Facebook
Twitter
Instagram
Pinterest
æWebsite
Shop members
Zana
Owner, Creator
Production partners
Industry POD company
 Shanghai, China
A POD company that prints designs on accessories and dropships them to customers.
Industry Supplier
 Shanghai, China
Overall manufacturer of our stethoscopes after we create the designs.

More production partners
Shop policies
Last updated on Oct 17, 2018
Shipping
Processing time
The time I need to prepare an order for shipping varies. For details, see individual items.
Customs and import taxes

Buyers are responsible for any customs and import taxes that may apply. I'm not responsible for delays due to customs.
Payment options
Secure options
Accepts Etsy Gift Cards and Etsy Credits

Etsy keeps your payment information secure. Etsy shops never receive your credit card information.
Returns & exchanges

I gladly accept returns, exchanges, and cancellations
Contact me within: 14 days of delivery
Ship items back within: 30 days of delivery
Request a cancellation within: 24 hours of purchase
The following items can't be returned or exchanged
Because of the nature of these items, unless they arrive damaged or defective, I can't accept returns for:
• Custom or personalized orders

• Perishable products (like food or flowers)
• Digital downloads
• Intimate items (for health/hygiene reasons)
Conditions of return
Buyers are responsible for return shipping costs. If the item is not returned in its original condition, the buyer is responsible for any loss in value.
Questions about your order?

Please contact me if you have any problems with your order.
Shop Sell About Help

Gift cardsSell on EtsyEtsy, Inc. Help Center
Etsy blog Teams Policies
Download the Etsy App
Forums Investors
Affiliates Careers
Press
Impact
© 2019 Etsy, Inc. Terms of Use Privacy Interest-based ads

United States | English (US) | $ (USD)
JS 44 (Rev. 09/19) 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

CHARMEDBLING, INC. REFLECTIONS BY ZANA, LLC
(b) County of Residence of First Listed Plaintiff San Diego, California County of Residence of First Listed Defendant Harris County
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
BELL NUNNALLY & MARTIN LLP
2323 Ross Ave., Suite 1900, Dallas, TX 75201
214-740-1411
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) (15 USC 1681 or 1692)
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 485 Telephone Consumer
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Protection Act
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 490 Cable/Sat TV
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 850 Securities/Commodities/
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical Exchange
Medical Malpractice Leave Act ’ 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS ’ 891 Agricultural Acts
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 893 Environmental Matters
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 895 Freedom of Information
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 ’ 896 Arbitration
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 899 Administrative Procedure
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION 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):
35 U.S.C. § 1 et seq., 35 U.S.C. §§ 271 and 281
VI. CAUSE OF ACTION Brief description of cause:
Patent Infringement
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
09/20/2019 /s/ Jeffrey A. Tinker
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
Print Save As... Reset

JS 44 Reverse (Rev. 09/19)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

Charmedbling v. Reflections by Zana - Complaint

Enviado por

Dados do documento

Direitos autorais

Formatos disponíveis

Compartilhar este documento

Compartilhar ou incorporar documento

Opções de compartilhamento

Você considera este documento útil?

Este conteúdo é inapropriado?

Direitos autorais:

Formatos disponíveis

Charmedbling v. Reflections by Zana - Complaint

Enviado por

Direitos autorais:

Formatos disponíveis

Case 4:19-cv-03561 Document 1 Filed on 09/20/19 in TXSD Page 1 of 12

IN THE UNITED STATES DISTRICT COURT

v. JURY TRIAL DEMANDED

REFLECTIONS BY ZANA, LLC

COMPLAINT FOR PATENT INFRINGEMENT

Zana, LLC (“Defendant”) hereby alleges as follows:

NATURE OF THE ACTION

importing, offering to sell, and/or selling of infringing products.

and offers for sale and/or sells in the United States.

4. Plaintiff is a California corporation having its principal place of business at 6315

Dwane Avenue, San Diego, California, 92120.

JURISDICTION AND VENUE

and to collect damages for all relevant times.

image from the D112 patent is below:

and to collect damages for all relevant times.

innovative designs by obtaining the patents-in-suit.

14. As shown in the Notice of Recordation of Assignment Document attached as Exhibit

United States, including in Texas, through Plaintiff’s website, www.get-charmed.com.

of the patents-in-suit and the corresponding designs of Defendant’s stethoscope charms to be

substantially the same.

www.reflectionsbyzana.shop and operates a site entitled “Reflections by Zana” on the e-commerce

information and belief, is operated by Defendant.

LLC. Ms. Smith acknowledged receipt of Plaintiff’s notice on June 1, 2019.

to immediately cease all sales of the infringing stethoscope charms.

the accused products.

continues to intentionally infringed the patents-in-suit.

CLAIMS FOR RELIEF

FIRST CLAIM FOR RELIEF: (INFRINGEMENT OF THE D111 PATENT)

described in the accompanying figure descriptions. See Exhibit A.

misappropriated Plaintiff’s patented stethoscope charm designs in the accused products:

Defendant’s Stethoscope Charms Figures from D111

in the D111 patent.

to sell, or sell the accused products.

D111 patent, in violation of 35 U.S.C. §§ 271(a) and 289.

violation of 35 U.S.C. § 271(b).

which Defendant received service of the complaint in this action.

customers would directly infringe the D111 patent.

will continue to cause damage to Plaintiff.

35 U.S.C. § 283 and/or the equitable powers of this Court.

damages and reasonable attorney fees.

SECOND CLAIM FOR RELIEF: (INFRINGEMENT OF THE D112 PATENT)

website and e-commerce site are set forth in Exhibits E and F.

in the D112 patent.

to sell, or sell the accused products.

D112 patent, in violation of 35 U.S.C. §§ 271(a) and 289.

in violation of 35 U.S.C. § 271(b).

which Defendant received service of the complaint in this action.

customers would directly infringe the D112 patent.

will continue to cause damage to Plaintiff.

35 U.S.C. § 283 and/or the equitable powers of this Court.

damages and reasonable attorney fees.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests the following relief:

D111 patent and that such infringement has been willful;

D112 patent and that such infringement has been willful;

C. Entry of a permanent injunction against Defendant and its officers, directors,

infringement of the D111 patent;

D. Entry of a permanent injunction against Defendant and its officers, directors,

infringement of the D112 patent;

E. An award of damages, in an amount to be determined, adequate to compensate

action pursuant to 35 U.S.C. § 285 and/or other applicable laws;

DATED: September 20, 2019 Respectfully Submitted,

BELL NUNNALLY & MARTIN LLP

By: /s/ Jeffrey A. Tinker

Shop Gallery Cart (0)

Request Custom Order

Contact shop owner