ag global products v. sally beauty holdings - complaint
TRANSCRIPT
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BUCHALTER
NEMER
A Professional Comoration
2 MICHAEL L. MEEKS (SBN: 172000)
LOUISE TRUONG (SBN: 293811)
3 18400 Von Karman
A
venue, Suite 800
Irvine CA 92612-0514
4 Telephone: (949) 760-1121
Fax:
949)
720-0182
5 Email: [email protected]
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Attorneys for Plaintiffs
AG
GLOBAL PRODUCTS, LLC, a California limited liability company; and
FHI BRANDS, LLC, a Delaware limited liability company
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
AG
GLOBAL PRODUCTS, LLC, a
California limited liabili Y company; and
FHI BRANDS, LLC, a Delaware hmited
liability company,
Plaintiffs ,
vs.
SALLY BEAUTY HOLDINGS INC. a
Delaware cor2oration; SALLY
BEAUTY
SUPPLY, LLC, a Delaware limited
liab Jity c9mpany; and DOES 1 through
10, mc1usiVe,
Defendants.
Case No.
COMPLAINT FOR
~
PATENT INFRINGEMENT
2 LANHAM ACT TRADE DRES
FRINGE ME NT
JURY TRIAL DEMAND
Plaintiffs AG Global Products, LLC, a California limited liability company
and FHI Brands, LLC, a Delaware limited liability company Uointly "Plaintiffs")
hereby assert the following claims for relief against defendants Sally Beauty
Holdings, Inc., a Delaware corporation and Sally Beauty Supply, LLC, a Delaware
limited liability company Uointly "Sally Beauty") as follows:
JURISDICTION AND VENUE
1.
This is an action for patent infringement arising under the Patent Laws
of
the United States, 35 U.S.C.
§§
et seq. In addition, Plaintiffs assert a claim for
trade dress infringement arising out
of
the same infringing hair brush pursuant to 15
BUCHALTER
NEMER
A P ROFE55IONAL CoRPORATION
IRVIN[
COMPLAINT
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B
UC
HA
LTER
NEMER
A r RorEsstoNAL CoRPoRATioN
a ~ · t N £
U.S.C. § 1051, et seq. (the "Lanham Act"). The court has subject matter
jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1338.
2.
Plaintiffs are informed and believe, and based thereon allege, that the
court has personal jurisdiction over Sally Beauty because it has done substantial
business in this judicial district, including: (1) committing acts
of
patent
infringement and/or contributing to
or
inducing acts
of
patent infringement
by
others in this district and elsewhere in California; (2) regularly conducting business
in California and this judicial district; (3) directing advertising to and/or soliciting
business from persons residing in California and this judicial district; and (4)
engaging in other persistent courses
of
conduct, and/or deriving substantial revenue
from infringing products provided to persons in California and this judicial district.
3. Venue is proper in this Court pursuant to 28 U.S.C.
§§
1391 and
1400(b) based upon the foregoing facts.
THE PARTIES
4. Plaintiff
AG
Global Products, LLC is a limited liability company
formed and existing under the laws
of
the State of California. Its principal place
of
business is located in Los Angeles County, California. From about June 24, 2014
through January 2016,
AG
Global Products, LLC sold its Stylus hair brush with
EZ-Hold ridged tip, heated collared bristles, and ergonomic no-slide handle (the
"Stylus"). The Stylus has a unique shape and appearance which is protected both a
trade dress because it identifies the source of the Stylus to consumers and pursuant
to a design patent. The Stylus was sold under the brand FHI Heat.
AG
Global
Products, LLC is the assignee and owner
of
the United States Design Patent No. US
D750384 ("the
'384
Patent") covering the ornamental design of a hair brush handle
back, and tip. A true and correct copy of the '384 Patent is attached hereto as
Exhibit 1.
5. PlaintiffFHI Brands, LLC is a limited liability company formed and
existing under the laws of the State
of
Delaware. FHI Brands, LLC is a related
2
COMPLAINT
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1 entity to AG Global Products, LLC. In January 2016, AG Global Products, LLC
2 transferred the trade dress rights to the Stylus to FHI Brands, LLC which continues
3 to sell the Stylus with the same trade dress.
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6. Plaintiffs are in the business of promoting and selling beauty products
including hair brushes in direct competition with Defendants.
7. Plaintiffs are informed and believe, and based thereon allege, that
defendant Sally Beauty Holdings, Inc. is a corporation formed under the laws of the
State of Delaware with its principal place of business in Denton, Texas. Plaintiffs
are further informed and believes, and based thereon alleges, that Sally Beauty
Holdings, Inc. is the principal owner and member of defendant Sally Beauty
Supply, LLC. Plaintiffs are also informed and believes, and based thereon alleges,
that Sally Beauty Holdings, Inc. manages and controls Sally Beauty Supply, LLC
and participated in the infringement of the '384 Patent described herein. Plaintiffs
are informed and believe that Sally Beauty Holdings, Inc. either directly or through
its control over other entities operates beauty supply stores and internet websites in
the business of
selling beauty supplies including the infringing hair brush described
below and thereby infringes and/or contributory infringes the '384 Patent.
8. Plaintiffs are informed and believe, and based thereon allege, that
defendant Sally Beauty Supply, LLC is a limited liability company created and
existing under the laws of the State of Delaware with its principal place
of
business
in Richardson, Texas. Plaintiffs are informed and believe that the relationship
between Sally Beauty Supply, LLC and Sally Beauty Holdings, Inc. is that set forth
above. Plaintiffs are informed and believe, and based thereon allege, that Sally
Beauty Supply, LLC either directly or through its control over other entities
operates beauty supply stores and internet websites in the business of selling beauty
supplies including the infringing hair brush described below and thereby infringes
and/or contributorily infringes the '384 Patent.
9. Plaintiffs are presently unaware of the true names of the Defendants
BUCHALTER NEMER
3
r
aoFU$1DNAL
CORPOIIATIOI'
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1 identified in the Complaint under the fictitious names DOES 1-10. On information
2 and belief, DOES 1-10 are infringing, contributorily infringing, the '384 Patent and
3 Plaintiffs trade dress, and confusingly similar variations thereof
as
set forth below.
4 Plaintiffs will amend its Complaint to identify the names
of
the DOE Defendants as
5 they are discovered.
6 FACTUAL ALLEGATIONS
7
10.
Plaintiffs designed and sell the Stylus, with its EZ-hold ridged tip,
8 heated collared bristles, and ergonomic no-slide handle. The Stylus has a unique
9 ornamental design protected by the '384 Patent. The unique design
of
the Stylus
10
also served
as
trade dress identifying the Stylus
as
coming from a single source to
11
consumers.
12
11.
Plaintiffs made and sold the Stylus prior to Sally Beauty placing its
13 competing heated hair brush, the Titanium Thermal Styling Brush (the "Infringing
14 Brush"), on the market. Plaintiffs Stylus has unique features and consumers
15 identify those features with a single source
of
the hair brush. These unique features
16
are protected by both the '3
84
Patent
as
well
as
trade dress under the Lanham Act.
17
The unique features include a stylized handle, back ribs, and tapered ends,
as
shown
18 below:
19
Front
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Back
BUCHALTER N EMER
4
r aonuJoNAL CoRroRATJON
IRVINE
COMPLAINT
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BUCHALTER NEMER
PROFESSIONAL CoRPORATION
IRVINE
12. Sally Beauty's Infringing Brush copies the look and feel
of
Plaintiffs
Stylus hair brush and infringes elements
of
the '384 Patent. The elements from the
Infringing Brush that infringe the '384 Patent include (a) it uses the same stylized
handle, (b) it uses identical back ribs, and (c) it uses the same tapered ends. The
specific elements
of infringement are identified in the images below from the
'384
Patent (Black & White) and the Infringing Brush (color):
BRUSHES VIEWED FROM FRONT
BRUSHES VIEWED FROM THE SIDE
5
COMPLAINT
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BUCHALTER
NEMER
r l toFU510SAL
C o i ~ O I I A T I O N
I ItVlN
BRUSHES VIEWED FROM THE BACK
BRUSHES VIEWED FROM THE END
tanered grips
13.
As demonstrate
by
the foregoing images comparing Plaintiffs'
patented design for its Stylus hair brush with the Infringing Brush, there are
numerous elements protected both under the '3 84 Patent and as Plaintiffs' trade
dress. The foregoing elements were unique to Plaintiffs' hair brush prior to Sally
Beauty's infringement.
FIRST CLAIM FOR RELIEF
PATENT INFRINGEMENT
14.
Plaintiffs hereby incorporate all
of
the allegations set forth in
paragraphs 1 through 13 above, as
if
set for in full herein.
15. Plaintiffs are informed and believe, and on that basis allege, that Sally
Beauty had notice of the existence of the '3 84 Patent.
16. Plaintiffs are informed and believe, and based thereon allege, that
6
COMPLAINT
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1 Sally Beauty's Infringing Brush infringes each of the elements of the '384 Patent
2 identified in the figures set forth above. Plaintiffs are further informed and believe,
3 and based thereon allege, that Sally Beauty has infringed the '384 Patent by
4 developing, making, using, offering to sell, selling and/or importing the Infringing
5 Brush; and/or actively inducing others to infringe the '384 Patent.
6 17. Plaintiffs have sustained damages and will continue to sustain damages
7 as a result of the acts of infringement alleged above.
8 18.
Plaintiffs are entitled to recover damages sustained
as
a result
of
Sally
9 Beauty's infringement and other wrongful acts. Plaintiffs are further entitled to
10 disgorgement of all of Sally Beauty's wrongfully obtained revenues arising from its
11
sale
of
the Infringing Brush.
12 19. Plaintiffs are informed and believe, and based thereon allege, that
13 Sally Beauty willfully infringed the '384 Patent and is thereby entitled to increased
14 damages and attorney's fees. Plaintiffs are also entitled to injunctive reliefbarring
15
Sally Beauty from further infringing the '384 Patent.
16 SECOND CLAIM FOR RELIEF
17 TRADE DRESS INFRINGEMENT (LANHAM ACT)
18 20. Plaintiffs reallege all of the allegations set forth in paragraphs 1
19 through 19, above, as if set forth in full herein.
20 21. Plaintiffs have manufactured, advertised, distributed, marketed,
21
promoted and offered their hair brush covered
by
the '384 Patent since about June
22 24, 2014. Plaintiffs are informed and believe, and based thereon allege, that
23 consumers recognize the features of the Stylus hair brush as coming from a unique
24 source which is Plaintiffs.
25 22. Plaintiffs are informed and believe, and based thereon allege, that
26 Sally Beauty's Infringing Brush uses the look and feel of Plaintiffs Stylus hair
27 brush and is likely to cause confusion as to the source
of
the brush with Plaintiffs
28 brush.
BUCHALTER NEMER
7
r RoFtssloNAL coarokATtoN
I
M\'INE
COMPLAINT
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1 23. Plaintiffs are informed and believe, and based thereon allege, that
2 Sally Beauty knew
of
the considerable commercial success
of
Plaintiffs' Stylus
3 brush and that Sally Beauty willfully used the look and feel
of
Plaintiffs' Stylus
4
brush's
trade dress in connection with the sale, offering for sale, distribution and/
or
5 advertising of the Infringing Brush in a manner likely to cause confusion, or to
6 cause mistake, or to deceive customers that Sally Beauty's Infringing Brush are
7 products from Plaintiffs
or
otherwise associated with
or
authorized by Plaintiffs.
8 24. Sally Beauty's conduct described above constitutes trade dress
9 infringement in violation
of
15 U.S.C. § 1125.
10 25. The actions
of
Sally Beauty,
if
not enjoined, will continue. Plaintiffs
11
have suffered and continue to suffer damages in an amount to
be
proven at trial.
12 Plaintiffs are further entitled to injunctive rel ief to prevent Sally Beauty's
13 infringement.
14 26. Pursuant to 15 U.S.C.
§§
1117 and 1125, Plaintiffs are entitled to
15 recover damages, profits made
by
Sally Beauty and the costs
of
this action.
16 Wherefore, Plaintiffs seek relief as follows:
17 1. For all general, special, consequential, incidental and other damages
18 sustained by Plaintiffs as a result
of
the conduct alleged above;
19 2.
For
all
of
Sally Beauty's revenues, profits, and other monetary gains
20 resulting from the sale
of
the Infringing Brush and additional sales
of
other
21
products resulting from the infringement described above;
22 3. For treble damages and other exemplary damages as may be available
23
under the law;
24 4. For Plaintiffs' attorney's fees incurred herein;
25 5. For preliminary and permanent injunctive relief barring infringement
26 of the '384 Patent and/or Plaintiffs trade dress;
27
Ill
28 ///
BUCHAL
TER
NEMER
8
. r iiOFESSIOt.IAL. (OilrOIIATION
RYINli
COMPLAINT
BN 20
51
07 12v2
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BUCHALTER NEMER
A P ltOFESSIONAL CORPORATION
IR\'tf'ol£
6.
7.
For all costs incurred herein; and
For any other rel ief that the court deems
just
and proper.
DATED: April 6, 2016
BUCHALTER NEMER
A Professional Corporation
B N
20510712v2
By: /Michael
L.
Meeks/
MICHAEL L. MEEKS
LOUISE TRUONG
Attorneys for Plaintiffs
AG GLOBAL PRODUCTS, LLC,
a California limited liability company; and
FHI BRANDS, LLC,
a Delaware limited liability company
9
COMPLAINT
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BUCHALTER NEMER
A P II.DfESSIONAL
CORPORATION
IRVINE
DEMAND FOR JURY TRIAL
Plaintiffs hereby demand a
jury
trial for all claims and issues to which the
right to
jury
trial exists.
DATED: April 6, 2016
BN
205107
12
v2
BUCHALTER NEMER
A Professional Corporation
By: /Michael L. Meeks/
MICHAEL
L.
MEEKS
LOUISE TRUONG
Attorneys for Plaintiffs
AG GLOBAL PRODUCTS, LLC,
a California limited liability company; and
FHI BRANDS, LLC,
a Delaware limited liability company
10
COMPLAINT
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Exhibit ''1
'
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I lllllllllllllllllllllllllllllllllllllllllll
(12)
United States Design Patent
Gulamani
(54) BRUSH HANDLE
(71) Applicant:
AG
Global Products,
LLC,
Sherman
Oaks, CA (US)
(72) Inventor:
Shauky
Gulamanl, Encino, CA (US)
(73) Assignee:
AG
Global Products,
LLC,
Sherman
Oaks, CA (US)
(**) Term: 14 Years
(21) Appl. No.: 29/498,472
(22) Filed: Aug. 4, 2014
(51)
LOC
(10) CI. .. .............................................. 04-02
(52) U.S. CI.
USPC ........................................................... D4/138
(58) Field
of
Classification Search
USPC .................. 04/104-113, 116-117,121 , 123,
04/130-138; 15/106, 110, 111' 143.1'
15/144.1, 159.1, 160, 167.1, 167.2, 172,
15/176.1, 184, 186-188,201, 203;
132/119-
121,123,137,142,151,271,
132/308,309, 311, 313; 024/147, 152, 154
CPC ................. A46B 2200/104; A46B 2200/1093;
A46B 9/023; A46B 9/06; A46B 17/04;
A46B 5/00; A46B 5/0029; A46B 5/0033;
A46B 5/02; A46B 7/023; A46B 7/042;
A46B 3/005; A46B 13/001; A46D 1/0207;
A46D 1/00; A46D 1/0284
See application file for complete search history.
USOOD750384S
(10)
Patent
No.:
(45) Date of Patent:
US D750 384 S
** Mar. 1 2016
(56) References Cited
U.S. PATENT DOCUMENTS
0432,792 S •
10
12000 Sivan .. ..................... .. .... 041133
0505,791 S • 6/2005 Chang .
...
......
.. .... ..
..
.. .. ..
.. 04 /
138
0645,664 S • 91
2011
Pires
..
..
..
........................ 041133
0650,942 S • 1212011 Choi ............ .. .... ... ... ...... 028135
0670,027 S •
10/2012 Choi
.. ..
......... ..
.. ..
.....
...
.
..
028135
0698,994 S • 212014
Xu
.......
..
..........
..
...... ...... 028135
2004/0025897 A1 • 212004 Menaged ...... ....... A46B 510054
15
1
144.1
201210247501
A1* 10/2012 Choi .... .. ..
..
.... ...... ..
..
A45D 1/
04
• cited by examiner
Primary Examiner - Cynthia Ramirez
Assistant Examiner -
Llorelys Martinez-Rivera
(74) Attorney, Agent, or irm -
Buchalter Nemer
(57)
CLAIM
132 /269
The ornamental design for a brush handle, as shown and
described.
DESCRIPTION
FIG. 1 is a front, left and bottom perspective view of a brush
handle showing my new design;
FIG. 2 is a left side elevation view thereof;
FIG. 3 is a right side elevation view thereof;
FIG. 4 is a front elevation view thereof;
FIG. 5 is a rear elevation view thereof;
FIG. 6 is a top plan view thereof; and,
FIG. 7 is a bottom plan view thereof.
The broken lines shown
in
FIGS. 1 through 7 illustrate por
tions
of
the brush handle that form no part
of
the claimed
design.
1 Claim, 3 Drawing Sheets
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U.S. Patent Mar.1,2016 Sheet 1 of3
US D750,384 S
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U.S. Patent
Mar.1 2016
Sheet 2
of
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U.S. Patent
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UNITED STATES
DISTRICT
COURT, CENTRAL
DISTRICT
OF CALIFORNIA
CIVIL COVER SHEET
I.
(a) PLAINTIFFS ( Check box if you are representing yourself D )
DEFENDANTS ( Check
box if you are
representing
yourself D )
AG
GLOBAL
PRODUCTS,
LLC, a Cali fornia
l imited
liability company;
and FHI BRANDS,
LLC,
a Delaware
l imited
liability company
SALLY BEAUTY HOLDING, INC.,
a
Delaware corporation;
SALLY
BEAUTY
SUPPLY, LLC,
a
Delaware l imited liability company
(b)
County of Residence of
First Listed
Plaintiff Los Angeles
County
EXCEPT IN U.S. PLAINTIFF
CASES
Coun ty of Residence of
First Listed
Defendant Denton County, T
IN U.S. PLAINTIFF
CASES ONLY
(c) Attorneys Firm Name, Address and Telephone Numbel) If you are
representing
yourself, provide
the same information.
Michael
L.
Meeks (SBN 172000)
BUCHAL
TEA NEMER,
a Professional Corporat ion
18400 Von Karman Avenue , Suite
800
Irvine, C A 92612.0514
Tel. (949)
720-1162/Facsimile
(949) 720-0182
II.
BASIS OF
JURISDICTION (Place
an X
n
one box only.)
D 1. U.S. Government
Plaintiff
D 2. U.S. Government
Defendant
[gJ 3.
Federal Question
(U.S.
Government
Not
a Party)
D 4. Diversity (Indicate Citizenship
of
Parties
in Item Ill)
IV. ORIGIN
(Place an X n one box
only.)
Attorneys Firm Name, Address and Telephone Numbel) If you are
representing
yourself,
provide the same
information.
Ill.
CITIZENSHIP
OF PRINCIPAL PARTIES-For Diversity Cases Only
(Place an
X in
one box for plaintiff and
one
for
defendant)
Citizen of This State
Citizen of Another State
Citizen or Subject of a
Foreign Country
PTF DEF
D
1
D
1
Incorporated or Principal Place
of Business
In
this State
Incorporated and Principal Place
of Business in Another State
Foreign Nation
05
0
06
[gJ
1.
Original
D
2.
Removed from
D
3.
Remanded from
0
4. Reinstated or
D
5.
Transferred from Another
6.
Multi
D
District
litigation
roceeding State Court Appellate Court
Reopened District (Specify)
V.
REQUESTED
IN
COMPLAINT: JURY DEMAND: [gJ Yes 0 No
(Check "Yes• only
if demanded in complaint.)
CLASS
ACTION under F.R.Cv.P. 23:
0
Yes [gJ No
0
MONEY DEMANDED IN COMPLAINT: no t
stated
VI.
CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a brief statement of cause.
Do
not cite jurisdictional statutes unless diversity.)
Complaint for (1) Patent Infr ingement and (2) Lanham Act Trade Dres s Infr ingement
0
400State
D 463 Allen Detainee
Reapportionment
0
130 Miller Act
D 5
to
Motions to Vacate
D
410 Antitrust
Sentence
D 430
Banks and Banking
D
140 Negotiable
D
530 General
instrument
D 861 HIA (1395ff)
D
450 Commerce/ICC
150 Recovery of
0
535 Death Penalty
Rates/Etc.
0 Overpayment &
D
310 Airplane
D 862 Black Lung (923)
D
460 Deportation
Enforcement of
371 Truth
In
Lending
D
540 Mandamus/01her
D 863 DIWC/DIWW (405 (g
Judgment
D
315 Airplane
380
0 1 h e ~
Personal
D
470 Racketeer influ-
0 151 Medicare Act
Product Liability
Property Damage
D 550 Civil Rights
0
864 SSID Title XVI
anced
&
Corrupt Org.
0 320 Assault, libel
&
D 480
Consumer Credit
152 Recovery of
Slander
D
385 Property Damage
D
555 Prison Condition
D 865
RSI
(405 (g))
0
Defaulted Student D
330
Fed. Employers'
Product liability
D
560 Civil Detainee
D 490 Cable/Sat TV
Loan (Exci. Vet.) liab ilit y
Conditions of
D
870 Taxes (U.S. Plaintiff
D
850 Securities/Com-
153 Recovery of
D
340Marine
Confinement
Defendant)
moditles/Exchange
D
Overpayment of 0 345 Marine Product
D 422 Appeal
28
0 871 IRS-Third Party 26 U
D 890 Other Statutory
Vet. Benefits Liability
usc 158
625 Drug Related
7609
Actions
0
160 Stockholders'
D 350
Motor Vehicle
D
Seizure of Property
21
usc 881
D 891 Agricultural Acts
Suits
D
355 Motor Vehicle
D
69001her
D
19001her
Product liabilit y
D
893 Environmental
Contract
D 360 01her Personal
440
Other Civil Rights
Matters
injury
0 710 Fair Labor Standards
D
895 Freedom of info.
0
195 Contract
D
362 Personal injury-
441 Voting
Act
Act
Product liability
Mad Maipralice 442 Employment
D
720 Labor/Mgmt.
0 896 Arbitration
D
365 Personal injury-
443 Housing/
Relations
Product Liability
Accommodations
367 Health Care/
445 American with
D 740 Railway Labor Act
0 899 Admin. Procedures
D 210 Land
D Pharmaceutical
Disabilities-
0
751 Family and Medical
Act/Review of Appeal of
Condemnation
Personal injury
Employment
Leave Act
Agency Decision
D
220 Foreclosure
Product liabilit y
D
446 American with
D
790 01her Labor
368 Asbestos Disabilities-Other
litigation
D 950 Constitutionality of
0 230 Rent Lease
&
D injury Product Liability
D
448
Education
0
791 Employee Ret. inc.
State Statutes
Ejectment
Act
FOR
OFFICE USE
ONLY:
Case Number:
CV-71 (1
0/14)
CIVIL COVER SHEET Page 1
of
3
Case 2:16-cv-02364 Document 1-2 Filed 04/06/16 Page 1 of 3 Page ID #:16
-
8/18/2019 AG Global Products v. Sally Beauty Holdings - Complaint
17/18
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET
VIII. VENUE: Your answers to the questions below will determine the division of the Court to which this case will be initially assigned. This initial assignment Is subject to
change,
In
accordance with the Court's General Orders, upon review by the Court of your Complaint or Notice of Removal.
Question A: Was
this
case removed
from state court?
DYes C?SI No
If
'no,'
skip to Question B. If 'yes,' check
the box to the right that applies, enter the
corresponding division
In
response to
Question E, below, and continue from there.
QUESTION B: Is the United States,
or
one
of
Its agencies
or
employees, a
PLAINTIFF
In this
action?
DYes C?SI No
If 'no,' skip to Question C. If 'yes,' answer
Question B.1, at right.
8.1. Do 50% or more of the defendants who reside in
the district reside In Orange Co.?
check one of the boxes to the right
8.2.
Do
50% or more of the defendants who reside In
the district reside
In
Riverside and/or San Bernardino
Counties? (Consider the two counties together.)
check one of the boxes to the right
QUESTION C: Is the United States,
or C.1. Do 50% or more of the plaintiffs who reside In the
one of Its agencies
or
employees, a
district reside
In
Orange Co.?
DEFENDANT In
this
action?
DY e s C?SI
No
If 'no, ' skip to Question D. If 'yes,' answer
Question C.1,
at
right.
check one
of
the boxes to the right
C.2.
Do 50% or more of the plaintiffs who reside in the
district reside
In
Riverside and/or San Bernardino
Counties? (Consider the two counties together.)
check one of the boxes to the right
....
Indicate the location(s)
in
which 50% or more of
defendants who reside in this
district reside. (Check up to
two
boxes, or leave blank if none of these choices
D.1. Is there at least one answer In Column A?
DYes
C?SI
No
D
YES. Your case will initiall y be assigned to the Southern Divisio
Enter 'Southern'
In
response to Question E, below, and continu
D NO. Continue to Question B.2.
YES. Your case will initiall y be assigned to the Eastern Division
0 Enter 'Eastern' In response to Question E, below, and continue
from there.
NO. Your case will initially be assigned to the Western Division
0
Enter "Western' In response to Question
E,
below, and continue
from there.
YES. Your case will initiall y be assigned to the Southern Divisio
0 Enter 'Southern' In response to Question E, below, and continu
from there.
D NO. Continue to Question C.2.
YES. Your case will initially be assigned to the Eastern Division
D Enter 'Eastern'
In
response to Question E, below, and continue
from there
NO. Your case will initially be assigned to the Western Division.
D Enter "Western'
In
response to Question E, below, and continue
from there.
D D
D
D.2. Is there
at
least one answer
In
Column B?
DYes
C?SI No
If 'yes,' your case will Initially be assigned to the
SOUTHERN DIVISION.
If 'yes,' your case will initially be assigned to the EASTERN DIVISION.
Enter 'Eastern'
In
response to Question E, below.
Enter
'Southern'
In response to Question E, below, and continue from there.
If
'no, • your case will be assigned to the WESTERN DIVISION.
If 'no,' go to question D2 to the right.
Enter "Western'
In
response to Question E, below.
Do
50%
or
more of plaintiffs or defendants in this district reside in Ventura, Santa Barbara, or San Luis Obispo counties?
CV·71
(1
0/14)
CIVIL COVER SHEET
Page 2of3
[ Ameriolll Lega Net, Inc.
www fvnnsWor:kflow com
Case 2:16-cv-02364 Document 1-2 Filed 04/06/16 Page 2 of 3 Page ID #:17
-
8/18/2019 AG Global Products v. Sally Beauty Holdings - Complaint
18/18
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET
IX(a). IDENTICAL
CASES: Has
this action been previously filed in
this court?
r2J
NO DYE S
If
yes,
list case number(s):
IX(b). RELATED CASES:
Is
this case related (as defined below) to any civil or criminal case(s) previously filed
in
this
court?
r2J NO D YES
If yes, list case number(s):
Civil cases are related when they (check all that apply):
D A. Arise from the
same
or a closely related transaction, happening, or event;
D B. Call
for
determination of
the same
or substantially related or similar questions of law and fact; or
D C. For
other
reasons would entail substantial duplication of labo r if heard by different judges.
Note: That cases may involve the same patent, trademark, or copyright is not, in itself, sufficient to deem cases related.
A civil forfeiture case and a criminal case are related when they (check all that apply):
D
A. Arise from the
same
or a closely related transaction, happening, or event;
D B. Call
for
determination of the
same
or substantially related or similar questions of law and fact; or
D C. Involve one or
more
defendants from
the
criminal case in
common
and would entail substantial duplication of
labor if heard by different judges.
X. SIGNATURE OF
ATTORNEY
(OR SELF-REPRESENTED LITIGANT):
f'--s'-/_M-'ic_h-'a '-ei_L _
_M_e
_e_ks DATE: April 6, 2016
Michael
L.
Meeks
Notice
to
Counsel/Parties:
The
submission of this Civil
Cover
Sheet is required
by
Local Rule 3-1. This Form CV-71 and the information contained
herein neither replaces nor supplements
the
filing and service of pleadings or other papers as required by law, except as provided by local rules of
court. For more detailed instructions,
see
separate instruction sheet (CV-071A).
Key
to Statistical codes relating to Social Security Cases:
Nature of
Suit
Code
Abbreviation
861
HIA
862
BL
863
DIWC
863
DIWW
864
SSID
865
RSI
Substantive
Statement of Cause of
Action
All
claims for health insurance benefits (Medicare) under Title
18, Part
A, of the Social Security
Act, as
amended.
Also, include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the
program.
(42
U.S.C. 1935FF(b))
All claims for "Black Lung benefits under Title 4, Part
B,
of
the Federal Coal Mine Health and Safety
Act of 1969.
(30
u.s.c.
923)
All
claims filed
by
insured workers for disability insurance benefits under Title 2
of
the Social Security
Act, as
amende
plus all claims filed for child's insurance benefits based on disability. (42 U.S.C. 405 (g))
All
claims filed for widows or widowers insurance benefits based
on
disability under Title 2
of
the Social Security
Act,
amended.
(42
U.S.C. 405 (g))
All
claims for supplemental security income payments based upon disability filed under Title 16
of
the Social Security
as amended.
All
claims for retirement (old age)
and
survivors benefits under Title 2
of
the Social Security
Act, as
amended.
(42 u.s.c. 405 (g))
Case 2:16-cv-02364 Document 1-2 Filed 04/06/16 Page 3 of 3 Page ID #:18