Case 1:15-cv-10597 Document 1 Filed 02/27/15 Page 1 of 9

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS
DUNE JEWELRY, INC.
Plaintiff,
v.
REBECCA JAMES, LLC,
Defendant.

)
)
)
)
)
)
)
)
)
)

Civil Action No. 1:15-cv-10597

COMPLAINT and Jury Demand

Plaintiff, Dune Jewelry, Inc., (Dune Jewelry), by and through its undersigned counsel,
for its Complaint against Rebecca James, LLC, doing business under the fictitious name
Tropicality ("Tropicality), shows and alleges as follows:
THE PARTIES
1.

Dune Jewelry is a Massachusetts corporation with its principal place of business at

1 Westinghouse Plaza, Building D, Suite 7 Boston, MA 02136.

2.

Upon information and belief, Rebecca James, LLC is a Florida limited liability

company with a principal place of business at 321 Beach Road Sarasota, FL 34243.
3.

Rebecca James, LLC is doing business under the fictitious name Tropicality.
JURISDICTION AND VENUE

4.

This action arises under 35 U.S.C. 1 et seq. including 35 U.S.C. 271, 281, 283,

284, and 285. Accordingly, this Court has subject matter jurisdiction over this action under 28
U.S.C. 1331 and 1338.

Case 1:15-cv-10597 Document 1 Filed 02/27/15 Page 2 of 9

5.

This Court has subject matter jurisdiction over the claims asserted in this Complaint

pursuant to 28 U.S.C. 1331 and 1338. This Court also has supplemental jurisdiction over the
pendent state law claims pursuant to 28 U.S.C. 1367(a).
6.

This Court has personal jurisdiction over Tropicality through its purposeful

minimum contacts with Massachusetts, as Tropicality has been engaged in substantial and
continuous business in this Judicial District.
7.

This Court also has personal jurisdiction over Tropicality as Tropicality has

purposefully availed themselves to the Commonwealth by their interactive and commercial

website which has, and continues to, solicit business in the Commonwealth
8.

Venue is proper in this Court pursuant to 28 U.S.C. 1391and 1400.

FACTUAL BACKGROUND

A.

U.S. Patent No. D705,113 Patent

9.

On October 24, 2013, Dune Jewelry and/or its predecessor in interest filed an

application with the United States Patent and Trademark Office (hereinafter the "USPTO") for a
U.S. Design Patent entitled SAND JEWELRY, to which the USPTO assigned Application No.
29/470,752.
10.

Application No. 29/470,752 ultimately issued as U.S. Patent No. D704,113

(D113 Patent) on May 20, 2014. Exhibit A

11.

The D113 Patent claims the ornamental design for sand jewelry.

B.

U.S. Patent No. D704,589 Patent

12.

On October 24, 2013, Dune Jewelry and/or its predecessor in interest filed an

application with the USPTO for a U.S. Design Patent entitled SAND JEWELRY, to which the
USPTO assigned Application No. 29/470,755.

Case 1:15-cv-10597 Document 1 Filed 02/27/15 Page 3 of 9

13.

Application No. 29/470,752 ultimately issued as U.S. Patent No. D704,589

(D589 Patent) on May 13, 2014. Exhibit B

14.

The D589 Patent claims the ornamental design for sand jewelry.

C.

Defendant's Infringing Products

15.

Tropicalitys infringing products (hereinafter referred to as infringing products)

includes, but are not limited to:

16.

Tropicalitys horizontal bar design (Exhibit C);

Tropicalitys Dainty Silver Sand Bangle (Exhibit D);

Tropicalitys Beach Sand Cuff Bracelet (Exhibit E);

Tropicalitys Beach Sand Macrame Bracelet (Exhibit F);

Tropicalitys Wire Wrapped Sand Bangle (Exhibit G); and,

Tropicalitys Beach Sand Studs (Exhibit H)

Upon information and belief, all of the Tropicalitys infringing products contain

sand and infringe the claims of at least one of Dune Jewelrys issued patents.
17.

Tropicality manufactures, offers to sell, and sells the infringing products in the

United States without a license to do so.

18.

Tropicality offers for sale the infringing products throughout the United States (e.g.,

Massachusetts) via their website http://tropicality.bigcartel.com/.

19.

Tropicality has sold at least one, if not all, of the infringing products in

Massachusetts.
D.

Sandbar Trademark

20.

Dune Jewelry has been using the mark Sandbar in conjunction with the offering

and selling of its jewelry since at least as early as 2010. Exhibit I.

Case 1:15-cv-10597 Document 1 Filed 02/27/15 Page 4 of 9

21.

On January 22, 2015 Dune Jewelry filed an in-use trademark application with the

USPTO for the mark Sandbar in international class 14 for Jewelry (Sandbar Application). The
Sandbar Application was issued Serial No. 86511361 by the USPTO.
22.

Upon information and belief, Tropicality is currently selling its horizontal silver

bar design necklace under the name Silver Sandbar.

E.

Tropicalitys Unfair Trade Practices

23.

Upon information and belief, with respect to Tropicalitys infringing products,

Tropicality does minimal research and development of their own, and simply copy Dune Jewelrys
patented products.
24.

Tropicality tarnishes Dune Jewelrys reputation and erodes Dune Jewelrys ability

to leverage its patents by making misleading statements to potential purchasers of Dune Jewelrys
patented products and by providing inferior copycat products which tarnishes the sand jewelry
industry.
F.

Plaintiffs Notice Letter

25.

On June 10, 2014, Plaintiff, upon discovering Tropicalitys use, manufacturing,

advertising and sale of the above identified infringing products, sent a letter to the Defendant to
inform it of Dune Jewlerys patents and other intellectual property rights, and provided the
Defendant notice of their infringing items. Exhibit J.
26.

Defendant confirmed receipt of the letter, but never responded in substance and

never ceased manufacturing, using, advertising, or selling any of the above alleged infringing
products.
27.

Upon information and belief, Defendant has committed the infringing acts

complained of willfully and with conscious disregard of the Plaintiffs rights.

Case 1:15-cv-10597 Document 1 Filed 02/27/15 Page 5 of 9

COUNT I
(INFRINGEMENT OF THE D113 PATENT)
28.

Plaintiff repeats and realleges each and every allegation set forth in paragraphs 1-

25 inclusive, and incorporates them herein by reference.

29.

Pursuant to 35 U.S.C. 287, examples of notice include a letter dated June 10, 2014

to the Defendant. Exhibit J.

30.

On information and belief, Tropicality has and continues to, without license from

Dune Jewelry, infringe the D113 patent under 35 U.S.C. 271(a), by manufacturing, using, selling
and/or offering to sell in the United States, and/or importing into the United States one or more of
the infringing products, which embody the design covered by the D113 design patent.
31.

On information and belief, Tropicality has and continues to, without license from

Dune Jewelry, induce others (e.g., third party re-sellers) to infringe the D113 patent under 35
U.S.C. 271(b), by using, selling and/or offering to sell in the United States, and/or importing into
the United States one or more of the infringing products, which embody the design covered by the
D113 design patent, through a network of third party websites and stores who sell directly to
consumers.
32.

As a direct and proximate consequence of the acts and practices of Tropicality,

Dune Jewelry has been, is being and, unless such acts and practices are enjoined by the Court, will
continue to be injured in its business and property rights, and has suffered, is suffering and will
continue to suffer injury and damages for which it is entitled to relief under 35 U.S.C. 284
adequate to compensate for such infringement, but in no case less than a reasonable royalty.
33.

As a direct and proximate consequence of the acts and practices of Tropicality,

Tropicality has also caused, is causing and, unless such acts and practices are enjoined by the

Case 1:15-cv-10597 Document 1 Filed 02/27/15 Page 6 of 9

Court, will continue to cause irreparable harm to Dune Jewelry for which it is entitled to
preliminary and permanent injunctive relief under 35 U.S.C. 283.
34.

Tropicality's acts of infringement are intentional and willful and "exceptional"

pursuant to 35 U.S.C. 285.

COUNT II
(INFRINGEMENT OF THE D589 PATENT)
35.

Plaintiff repeats and realleges each and every allegation set forth in paragraphs 1-

34 inclusive, and incorporates them herein by reference.

36.

Pursuant to 35 U.S.C. 287, examples of notice include a letter dated June 10, 2014

to the Defendant. Exhibit J.

37.

On information and belief, Tropicality has and continues to, without license from

Dune Jewelry, infringe the D589 patent under 35 U.S.C. 271(a), by manufacturing, using, selling
and/or offering to sell in the United States, and/or importing into the United States one or more of
the infringing products, which embody the design covered by the D589 design patent.
38.

On information and belief, Tropicality has and continues to, without license from

Dune Jewelry, induce others (e.g., third party re-sellers) to infringe the D589 patent under 35
U.S.C. 271(b), by using, selling and/or offering to sell in the United States, and/or importing into
the United States one or more of the infringing products, which embody the design covered by the
D589 design patent, through a network of third party websites and stores who sell directly to
consumers.
39.

As a direct and proximate consequence of the acts and practices of Tropicality,

Dune Jewelry has been, is being and, unless such acts and practices are enjoined by the Court, will
continue to be injured in its business and property rights, and has suffered, is suffering and will

Case 1:15-cv-10597 Document 1 Filed 02/27/15 Page 7 of 9

continue to suffer injury and damages for which it is entitled to relief under 35 U.S.C. 284
adequate to compensate for such infringement, but in no case less than a reasonable royalty.
40.

As a direct and proximate consequence of the acts and practices of Tropicality,

Tropicality has also caused, is causing and, unless such acts and practices are enjoined by the
Court, will continue to cause irreparable harm to Dune Jewelry for which it is entitled to
preliminary and permanent injunctive relief under 35 U.S.C. 283.
41.

Tropicality's acts of infringement are intentional and willful and "exceptional"

pursuant to 35 U.S.C. 285.

COUNT III
(UNJUST ENRICHMENT)
42.

Plaintiff repeats and realleges each and every allegation set forth in paragraphs 1-

41 inclusive, and incorporates them herein by reference.

44.

As a result of the conduct of the Tropicality as described above, and unless the relief

sought in this Complaint is granted, Tropicality will unjustly benefit from and be unjustly enriched
by, their own intentional and wrongful acts.
COUNT IV
(Common Law Trademark Infringement)
45.

Plaintiff repeats and realleges each and every allegation set forth in paragraphs 1-

44 inclusive, and incorporates them herein by reference.

46.

Plaintiff has used and has continued to use, without interruption, the Sandbar mark

in connection with the sale of jewelry since at least as early as 2010.

47.

By virtue of its exclusive and continued use of the Sandbar mark, Plaintiff has

acquired the sole and exclusive right to use said mark in connection with jewelry. As a result of

Case 1:15-cv-10597 Document 1 Filed 02/27/15 Page 8 of 9

nationwide, and international, advertising and sales of jewelry in connection with the Sandbar
mark, Plaintiff has gained recognition and good will in the mark for use with the jewelry.
48.

Without the consent of the Plaintiff, Tropicality is offering for sale and selling

jewelry under the name Sandbar.

49.

Tropicalitys use of Sandbar in connection with jewelry has caused, and will

continue to cause, a likelihood of confusion, mistake or deception, all to the Plaintiff's irreparable
injury and Tropicalitys unjust enrichment and benefit in violation of Plaintiff's common law
trademark rights and constitute a fraud on the public.
50.

Tropicalitys use of Sandbar in connection with jewelry has caused and is likely

to continue to cause members of the public to believe that the Tropicalitys jewelry is offered by
way of the Plaintiff or with the approval, consent and or sponsorship of the Plaintiff.
51.

As the direct and proximate result of Tropicalitys infringement, the Plaintiff has

suffered, and will continue to suffer, monetary loss and irreparable injury to its business,
reputation, and good will warranting an injunction and an award of monetary damages.
JURY DEMAND
Plaintiff demands a trial by jury on all claims so triable.
PRAYER FOR RELIEF
WHEREFORE, as relief, Plaintiff respectfully prays for a judgment against Defendant as
follows:
A.

A judgment that Defendant has infringed one of more claims of each of Dune

Jewelrys asserted patents;

B.

An order and judgment preliminarily and permanently enjoining Defendant and its

officers, directors, agents, servants, employees, affiliates, attorneys, and all others acting in privity

Case 1:15-cv-10597 Document 1 Filed 02/27/15 Page 9 of 9

or in concert with them, and their parents, subsidiaries, divisions, successors and assigns, from
further acts of infringement of Dune Jewelrys asserted patents and trademarks;
C.

A judgment awarding Dune Jewelry all damages adequate to compensate for

Defendants infringement of Dune Jewelrys asserted patents, and in no event less than a
reasonable royalty for Defendants acts of infringement, including all pre-judgment and postjudgment interest at the maximum rate permitted by law;
D.

A judgment awarding Dune Jewelry all damages, including treble damages, based

on any infringement found to be willful, pursuant to 35 U.S.C. 284, together with prejudgment
interest;
E.

Declaring this to be an "exceptional" case within the meaning of 35 U.S.C. 285,

entitling Dune Jewelry to an award of its reasonable attorney fees, expenses and costs in this action
as well as pre-judgment and post judgment interests;
F.

Grant damages associated with Defendants infringing activities be trebled where

allowed by law as a result of Defendants actions complained of herein; and,

G.

Dune Jewelry has such other and further relief as this Court may deem just and

equitable.
Dated: February 27, 2015

Respectfully Submitted,
Attorney for Defendant
By: /s/ Brendan M. Shortell
Brendan M. Shortell (BBO# 675851)
Gary E. Lambert (BBO# 548303)
Lambert & Associates
92 State Street
Suite 200
Boston, MA 02109
Telephone: 617.720.0091
Facsimile: 617.720.6307
shortell@lambertpatentlaw.com

Case 1:15-cv-10597 Document 1-1 Filed 02/27/15 Page 1 of 2

USOOD705113 S

Exhibit A
(12) United States Design Patent (10) Patent No.:
Daniels Christensen
(54)

SAND JEWELRY

(71) Applicant: Holly Daniels Christensen, Dedham,

MA (US)

8,281,465
2006/0166002
2007/0104928
2010/0166997
2010/0300149
2010/0307671

(72) Inventor: Holly Daniels Christensen, Dedham,

Term:

[Online]

14 Years

(63)

Continuation of application No. 13/245,685, ?led on

Oct. 24, 2013

Related U.S. Application Data

Sep. 26, 2011.

(58)

Yokochi et a1.
Ghisaka et a1.
Seliktar
David

http://data.uncomm0ng00ds.com.edgesuite.net/images/

Sand Jewelry with Appeal!, Kristen, Nov. 9, 2009, pp. 1-3.

Top 5 Resin Tips, Tammy Jones, Dec. 13, 2010, pp. 1-3.
annemadedesigns, Jul. 21, 2009, pp. 1-2.
Uniquie Handcrafted Jewelry, Aug. 23, 2007, pp. 1-3.
Alexandra Mosher, Dec. 18, 2010, pp. 1-2.

Filed:

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

11-01

U.S. Cl.
USPC

5/2007
7/2010
12/2010
12/2010

Andrew Goss, Introduction to Basic Concrete Jewelry, 2004 pp. 1-4.

(22)

LOC (10) Cl.

10/2012 Miraldi
7/2006 Grey et a1.

newweb/product/20800izoom1jpg. Accessed Nov. 26, 2013*

(21) Appl. No.: 29/470,752

(51)
(52)

B1
A1
A1
A1
A1
A1

*1. May 20, 2014

OTHER PUBLICATIONS

MA (US)

(**)

US D705,113 S

(45) Date of Patent:

........................................... .. D11/79; D11/43

Field of Classi?cation Search

* cited by examiner
Primary Examiner * Garth Rademaker
Assistant Examiner * Melanie Pellegrini

(74) Attorney, Agent, or Firm * Lambert & Associates;

Gary E. Lambert; David J. Connaughton, Jr.

USPC ........... .. D11/79i85, 1425, 4047; 63/18, 20,

63/12, 13, 3.1, 3.2, 3, 1.11

See application ?le for complete search history.

(56)

References Cited

(57)

CLAIM

The ornamental design for sand jewelry, as shown and

described.
DESCRIPTION

U.S. PATENT DOCUMENTS

2,943,953 A
3,477,990 A
3,856,644 A
D241,365 S

3,997,686 A
D252,561 S

D306,707 S *
D311,356 S

Durante ....................... .. D11/91

8/1979

Durante ....................... .. D11/61

2/1982 MacFaden
11/1983

Weeks ............... ..

3/1990 Henry De Frahan

10/1990

*
*

7/2010
2/2012

6,607,818 B1
D619,919 S
D654,391 S

9/1976

embodies my design;

12/1976 McClure

D263,029 S *
D271,188 S

FIG. 1 is a perspective front view of the sand jewelry, which

7/1960 Daniel
11/1969 Dante et a1.
12/1974 Traenckner et al.

D11/61
D11/61

D11/75

De Frahan ................... .. D11/79

8/2003 SatZ et a1.

Harding ....................... .. D11/80
Minkkinen et a1. .......... .. D11/40

FIG. 2 is a front elevation view of the sand jewelry;

FIG. 3 is a rear elevation view of the sand jewelry;
FIG. 4 is a side view of the sand jewelry;

FIG. 5 is a bottom view of the sand jewelry; and,

FIG. 6 is a top view of the sand jewelry.
The portion of the drawings in broken lines forms no part of

the claimed design.

1 Claim, 1 Drawing Sheet

Case 1:15-cv-10597 Document 1-1 Filed 02/27/15 Page 2 of 2

US. Patent

May 20, 2014

ig. 2

Fig. 4

Fig. 6

US D705,113 S

Fig. 3

Case 1:15-cv-10597 Document 1-2 Filed 02/27/15 Page 1 of 2

USOOD704589S

Exhibit B
(12) United States Design Patent (10) Patent No.:
Daniels Christensen
(54)

(45) Date of Patent:

SAND JEWELRY

(71) Applicant: Holly Daniels Christensen, Dedham,

2010/0166997 A1
2010/0300149 A1
2010/0307671 A1

MA (US)

(**)

Filed:

14 Years

circleicharm,512968295. Accessed Nov. 26, 2013*

[Online] http://wwwcafepress.c0m/+threeipawisandinecklacei
[Online] http://j.horloger-paris.com/23607-34337-h0me/ch0pard
pendant-happy-diamonds-795759-1003jpg. Accessed Nov. 26,
2013*
Andrew Goss, Introduction to Basic Concrete Jewelry, 2004 pp. 1-4.

Oct. 24, 2013

(63)

Continuation of application No. 13/245,685, ?led on

(51)
(52)

LOC (10) Cl.

Sep. 26, 2011.

(58)

http://data.uncomm0ng00ds.com.edgesuite.net/images/

newweb/product/20800izooml .jpg. Accessed Nov. 26, 2013*

Related U.S. Application Data

11-01

............................................. .. D11/79; D11/7

Field of Classi?cation Search

USPC ........... .. D11/79i85, 1425, 40417; 63/18, 20,

63/12, 13, 3.1, 3.2, 3, 1.11

See application ?le for complete search history.

(56)

Sand Jewelry with Appeal!, Kristen, Nov. 9, 2009, pp. 1-3

Top 5 Resin Tips, Tammy Jones, Dec. 13, 2010, pp. 1-3
Annemadedesigns, Jul. 21, 2009, pp. 1-2.
Uniquie Handcrafted Jewelry, Aug. 23, 2007, pp. 1-3
Alexandra Mosher, Dec. 18, 2010, pp. 1-2.
* cited by examiner

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

U.S. Cl.
USPC

[Online]

MA (US)

(21) Appl. No.: 29/470,755

(22)

7/2010 Chisaka et a1.

12/2010 Seliktar
12/2010 David

OTHER PUBLICATIONS

(72) Inventor: Holly Daniels Christensen, Dedham,

Term:

US D704,589 S
*1. May 13, 2014

Primary Examiner * Garth Rademaker

Assistant Examiner * Melanie Pellegrini

(74) Attorney, Agent, or Firm * Lambert & Associates;

Gary E. Lambert; David J. Connaughton, Jr.

(57)
CLAIM
The ornamental design for sand jewelry, as shown and
described.

References Cited

DESCRIPTION

U.S. PATENT DOCUMENTS

FIG. 1 is a front perspective view of sand jewelry showing my

D38,476 S

2,943,953
3,477,990
3,856,644
3,997,686

A
A
A
A

D311,504 S

6,607,818 B1
D583,698 S
D619,492 S

8,281,465 B1
2006/0166002 A1
2007/0104928 A1

3/1907

Arnold ......................... .. D11/79

7/1960
11/1969
12/1974
12/1976

Daniel
Dante et a1.
Traenckner et a1.
McClure

10/1990

De Frahan ................... .. D11/79

8/2003 SatZ et a1.

*
*

12/2008 Botten?eld et a1. ......... .. D11/79

7/2010 Wallace ....................... .. D11/82

10/2012 Miraldi
7/2006 Grey et a1.
5/2007 Yokochiet a1.

new design;
FIG. 2 is a front elevation view of the sand jewelry;
FIG. 3 is a rear elevation view of the sand jewelry;
FIG. 4 is a bottom view ofthe sandjewelry;
FIG. 5 is a top view of the sand jewelry; and,
FIG. 6 is a side view of the sand jewelry.

The portion of the drawings in broken lines forms no part of

the claimed design.

1 Claim, 1 Drawing Sheet

Case 1:15-cv-10597 Document 1-2 Filed 02/27/15 Page 2 of 2

U S. Patent

M y 13, 2014

US D704,589 S

Fig, 4

"ig, 6

Pig. 5

Case 1:15-cv-10597 Document 1-3 Filed 02/27/15 Page 1 ofExhibit

1

Case 1:15-cv-10597 Document 1-4 Filed 02/27/15 Page 1 of 1

Exhibit D

Case 1:15-cv-10597 Document 1-5 Filed 02/27/15 Page 1 of 1

Exhibit E

Case 1:15-cv-10597 Document 1-6 Filed 02/27/15 Page 1 of 1

Exhibit F

Case 1:15-cv-10597 Document 1-7 Filed 02/27/15 Page 1 of 1

Exhibit G

Case 1:15-cv-10597 Document 1-8 Filed 02/27/15 Page 1 of

1
Exhibit

2/27/2015

SandbarNecklaceNecklacesJewelry
Case 1:15-cv-10597 Document
1-9 Filed 02/27/15 Page 1Exhibit
of 2

MEN U

e Original Beach Sand Jewelry Co.

HOME / JEWELRY / NECKLACES / SANDBAR NECKLACE

Sandbar
Necklace

TheSandbar.Aperfectplayonwordsaccompaniesthis
statementmakingnecklace.Asterlingsilver,1.75x.25bezel
isfilledwithyourchoiceofbeachsand,thenhandsandedand
polishedtothefinalmattefinish.Availablewith16",18"or20"
silverchainorblackcord.

SKU: SBAR_N
$154.00

Select your sand:

S E LECT A SA ND
PROVIDE YOUR OWN SAND

TYPE*

CHOOSE AN OPTION...

SIZE*

CHOOSE AN OPTION...

QTY:

https://dunejewelry.com/jewelry/necklaces/sandbarnecklace

ADD TO CART

1/2

2/27/2015

SandbarNecklaceNecklacesJewelry
Case 1:15-cv-10597 Document
1-9 Filed 02/27/15 Page 2 of 2

ADD TO CART

ADD TO WISHLIST

Fine
Print
RETURN PO
LICY
WARRANTY
& REPAIR
PRIVACY P
OLICY

Stay in the
Loop

Send Us Your
Sand

Signupforallthelatest
news&specialoffersfrom
DuneJewelry

Detailedinstructionson
howtosendusyoursand

S E E DE TA ILS
EMAIL ADDRESS
GO

BECOME A
DEALER

2015DUNEJEWELRY.ALLRIGHTSRESERVEDU.S.PATENTNO.D705,113D704,589&OTHERPATENTSPENDING

DESIGNED BY TOOL STUDIOS

https://dunejewelry.com/jewelry/necklaces/sandbarnecklace

2/2

Case 1:15-cv-10597 Document 1-10 Filed 02/27/15 Page 1 of 1

Exhibit J

Case 1:15-cv-10597 Document 1-11 Filed 02/27/15 Page 1 of 2

JS 44 (Rev. 12/12)

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

Dune Jewelry, Inc.

Rebecca James, LLC

(b) County of Residence of First Listed Plaintiff

County of Residence of First Listed Defendant

Suffolk

(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:

Sarasota Florida

(IN U.S. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

(c) Attorneys (Firm Name, Address, and Telephone Number)

Lambert & Associates

Brendan M. Shortell
92 State Street, Boston, MA 02109

II. BASIS OF JURISDICTION (Place an X in One Box Only)

1

U.S. Government
Plaintiff

Federal Question
(U.S. Government Not a Party)

U.S. Government
Defendant

Diversity
(Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

(For Diversity Cases Only)
PTF
Citizen of This State
1

DEF
1

and One Box for Defendant)

PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State

Citizen of Another State

Incorporated and Principal Place

of Business In Another State

Citizen or Subject of a
Foreign Country

Foreign Nation

IV. NATURE OF SUIT (Place an X in One Box Only)

CONTRACT

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

FORFEITURE/PENALTY

PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement

625 Drug Related Seizure

of Property 21 USC 881
690 Other

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark

LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS

870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609

OTHER STATUTES

375 False Claims Act

400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions

V. ORIGIN (Place an X in One Box Only)

1 Original
Proceeding

2 Removed from
State Court

Remanded from
Appellate Court

4 Reinstated or
Reopened

5 Transferred from
Another District
(specify)

6 Multidistrict
Litigation

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

35 U.S.C. 271

VI. CAUSE OF ACTION Brief description of cause:

Patent Infringement

CHECK IF THIS IS A CLASS ACTION

VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

CHECK YES only if demanded in complaint:

Yes
No
JURY DEMAND:

DEMAND $

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

/s/ Brendan M. Shortell

02/27/2015
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

JS 44 Reverse (Rev. 12/12)

Case 1:15-cv-10597 Document 1-11 Filed 02/27/15 Page 2 of 2

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)

(b)

(c)

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.
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.)
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 the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
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
one nature of suit, select the most definitive.

V.

Origin. Place an "X" in one of the six 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.
When the petition for removal is granted, check this box.
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. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.

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.

Case 1:15-cv-10597 Document 1-12 Filed 02/27/15 Page 1 of 1

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
1. Title of case (name of first party on each side only) Dune

Jewelry, Inc. v. Rebecca Smith, LLC

2. 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)).
I.

410, 441, 470, 535, 830*, 891, 893, 895, R.23, REGARDLESS OF NATURE OF SUIT.

II.

110, 130, 140, 160, 190, 196, 230, 240, 290,320,362, 370, 371, 380, 430, 440, 442, 443, 445, 446, 448, 710, 720,
740, 790, 820*, 840*, 850, 870, 871.

III.

120, 150, 151, 152, 153, 195, 210, 220, 245, 310, 315, 330, 340, 345, 350, 355, 360, 365, 367, 368, 375, 385, 400,
422, 423, 450, 460, 462, 463, 465, 480, 490, 510, 530, 540, 550, 555, 625, 690, 751, 791, 861-865, 890, 896, 899,
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?
2403)
YES

NO

YES

NO

(See 28 USC

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

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
A.

NO

If yes, in which division do all of the non-governmental parties reside?

Eastern Division

B.

Central Division

Western Division

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
ADDRESS

Brendan M. Shortell

Lambert & Associates, 92 State Street, Suite 200, Boston, MA 02109

TELEPHONE NO.

617-720-5822
(CategoryForm9-2014.wpd )