squatty potty v. tiger medical - complaint

8/20/2019 Squatty Potty v. Tiger Medical - Complaint

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WEITZMAN LAW OFFICES, LLCKenneth S. Weitzman

425 Eagle Rock Avenue, Suite 102Roseland, New Jersey 07068

Tel.: (973) 403-9940

Fax: (973)-403-9944 Attorneys for Plaintiff Squatty Potty, LLC

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

SQUATTY POTTY, LLC,

Plaintiff ,

v.

TIGER MEDICAL INC., a New JerseyCorporation, TIGER SUPPLIES INC., a

New Jersey Corporation, DOES I-X, andROES I-X

Defendants.

DOCUMENT FILED ELECTRONICALLY

Civil Action No. _______________

COMPLAINT AND DEMAND

FOR JURY TRIAL

Plaintiff, Squatty Potty, LLC, by and through its counsel, Weitzman Law Offices, LLC,

hereby brings this Complaint against the Defendants, Tiger Medical Inc., Tiger Supplies Inc.,

DOES I-X, and ROES I-X, and alleges as follows:

THE PARTIES

1. Plaintiff, Squatty Potty, LLC, is an active Utah Limited Liability Company with

its principal place of business at 1664 S. Dixie Dr., Ste. F-102, Saint George, Utah 84770.

2.

Defendant Tiger Medical Inc. (hereafter “Tiger Medical”) is a New Jersey

Corporation with its principal place of business at 27 Selvage Street, Irvington, New Jersey

07111.

Case 2:16-cv-00649-JLL-JAD Document 1 Filed 02/05/16 Page 1 of 18 PageID: 1


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GENERAL ALLEGATIONS

9. Plaintiff is the owner, by virtue of assignment, of the entire right, title, and interest

in and to U.S. Design Patent D677,478, entitled “Toilet Stool” and which was filed on August

23, 2012 and granted on March 12, 2013 (hereafter the “‘478 Patent”). (See Exhibit A).

10. Plaintiff operates a growing business in Saint George, Utah and sells products

worldwide.

11. Plaintiff has invested substantial time and resources into developing its product

line of toilet stools and associated goods.

12.

Plaintiff’s ECCO toilet stool (the subject of the ‘478 Patent) has a distinctive

design that features a U-shaped back portion, arched sidewalls, a wavy front, as well as other

design features. In combination, these features create a distinctive and unique appearance, which

customers and retailers recognize as the trade dress of the ECCO toilet stool and associate it

exclusively with Plaintiff.

13. Plaintiff is also the owner of a stylized trademark registered with the United

States Patent and Trademark Office (Registration No. 4354138). The mark consists of a stylized

representation of a person sitting on the toilet with his feet resting on a toilet foot stool in front of

him to put him into a 35-degree angle (hereafter the “Trademark”). (See Exhibit B)

14. Plaintiff’s Trademark was registered on June 18, 2013.

FIRST CAUSE OF ACTION

(Direct Infringement of the ‘478 Patent by Tiger Medical and Tiger Supplies)

15.

Plaintiff re-alleges and incorporates by reference the allegations contained in

paragraphs 1 through 14 above, as though fully set forth herein.

16. Plaintiff is the owner of the ‘478 Patent, which is valid and enforceable.



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17. Defendants have infringed and continue to infringe the ‘478 Patent by making,

designing, importing, selling, and/or offering for sale their toilet stool that applies the design of

the ‘478 Patent or a colorable imitation thereof, in violation of 35 U.S.C. §271(a) and 35 U.S.C.

§289.

18. Both Defendants have sold their infringing stool under the name “AdirMed Toilet

squatting stool” on Amazon.com.

19. On or about September 28, 2015, Tiger Supplies filed a trademark application

with the United States Patent and Trademark Office for the mark “AdirMed” (Serial No.

86771389). (See Exhibit C).

20. Both Defendants use the same logo, an outline of a tiger, over their business

name.

21. Defendant Tiger Medical sells the infringing stool on its website,

www.tigermedical.com, under the name “AdirMed Squat Stool.”

22. An ordinary observer, given such attention as a purchaser usually gives, would be

deceived by the substantial similarity between the design of the toilet stool made, designed,

imported, sold, and/or offered for sale by Defendants and the patented design in the ‘478 Patent.

23. An ordinary observer would be induced to purchase the infringing toilet stool,

either through Defendants’ websites, online retailers, or in person (if such retail outlets exists),

due to Defendants’ stool being substantially the same as the designs embodied and protected

under the ‘478 Patent.

24. On December 5, 2015, Plaintiff, through its counsel, sent a cease and desist letter

to Tiger Medical through the Tiger Medical website (www.tigermedical.com) informing Tiger

Medical of the ‘478 Patent.



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25. On December 9, 2015, counsel for Tiger Medical acknowledged receipt of

Plaintiff’s cease and desist letter, but stated that Tiger Medical would not cease its sales of the

infringing toilet stool.

26. Tiger Medical continued to sell the infringing stool after receiving the letter from

Plaintiff’s counsel.

27. Tiger Supplies has sold the infringing toilet stool on Amazon.com since counsel

for Tiger Medical acknowledged receipt of the letter from Plaintiff’s counsel.

28. Defendants have refused to cease their infringing activities.

29.

Defendants’ deliberate and willful actions in infringing the design of Plaintiff’s

‘478 Patent, have caused, and will continue to cause, irreparable harm to Plaintiff unless

permanently enjoined pursuant to 35 U.S.C. §283.

30. Defendants have also profited from, and continue to profit from, their infringing

stool.

31. Plaintiff has suffered pecuniary damages in amounts to be determined at trial as a

result of Defendants’ willful infringement of the ‘478 Patent, pursuant to 35 U.S.C. §§284 and

289.

32. Defendants’ wrongful, malicious, fraudulent, deliberate, willful, and/or intentional

conduct makes this an exceptional case entitling Plaintiff to an award of attorney’s fees and

costs.

SECOND CAUSE OF ACTION

(Trademark Infringement - 15 U.S.C. §1114)

33. Plaintiff re-alleges and incorporates by reference the allegations contained in




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34. Defendants sell their toilet stool with a sticker affixed to the underside of the

stool.

35. On the sticker is a representation of a person sitting on a toilet with his feet resting

on a toilet foot stool in front of him to put him into a 35-degree angle.

36. The representation on Defendants’ sticker is nearly identical to Plaintiff’s

Trademark.

37. Defendants’ do not have Plaintiff’s consent to use the Trademark.

38. Defendants’ use of a representation of a person sitting on the toilet with his feet

resting on a toilet foot stool in front of him to put him into a 35-degree angle is a violation of 15

U.S.C. §1114(1)(a) in that the Defendants have, without the consent of Plaintiff, used in

commerce a reproduction, counterfeit, copy, or colorable imitation of the Trademark in

connection with the sale, offering for sale, distribution, or advertising of goods and services

provided by Defendants. Defendants have used the imitation in such a manner as is likely to

cause confusion, mistake, or deceive.

39.

Defendants’ use of a representation of a person sitting on the toilet with his feet

resting on a toilet foot stool in front of him to put him into a 35-degree angle is a violation of 15

U.S.C. §1114(1)(b) in that the Defendants have, without the consent of Plaintiff, used in

commerce a reproduction, counterfeit, copy, or colorable imitation of the Trademark and applied

such reproduction, counterfeit, copy, or colorable imitation to advertisements intended to be used

in commerce in connection with the sale, offering for sale, distribution, or advertising of goods

and services provided by Defendants. Defendants have used the imitation in such a manner as is

likely to cause confusion, mistake, or deceive.



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40. Defendants’ use of an imitation of the Trademark is committed with knowledge

that the imitation was intended to be used to cause confusion, mistake, or to deceive.

41. Plaintiff is entitled to injunctive relief under 15 U.S.C §1116 and recovery of

damages from Defendants jointly and severally pursuant to 15 U.S.C §1117. Damages

recoverable are three times the actual damages sustained by Plaintiff, Defendants’ profits, and

the costs of the action, together with Plaintiff’s attorney’s fees, or in the alternative, damages in

such sum as the Court may find to be just according to the circumstances of the case.

THIRD CAUSE OF ACTION (Trademark Infringement - 15 U.S.C. §1125(a))

42.

Plaintiff re-alleges and incorporates by reference the allegations contained in


43. Defendants have intentionally violated 15 U.S.C. §1125(a) in that they have, on or

in connection with Defendants’ goods or services, used an imitation of the Trademark which

represents a false designation of origin, false or misleading description, and/or a

misrepresentation of fact likely to cause confusion, mistake, or deceive as to the affiliation,

connection, or association of Defendants with Plaintiff or which is likely to cause confusion,

mistake or deceive as to whether Plaintiff has anything to do with the origin, sponsorship, or

approval of the goods, services, or commercial activities of Defendants.

44. Defendants have similarly violated 15 U.S.C. §1125(a) intentionally in that their

commercial advertising or promotion using an imitation of the Trademark misrepresents the

nature, characteristics, qualities, and/or geographic origin of their goods, services, or commercial

activities.

45. Plaintiff is entitled to injunctive relief under 15 U.S.C. §1116 and recovery of

damages from Defendants jointly and severally pursuant to 15 U.S.C. §1117. Damages include,



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51. Plaintiff is entitled to legal protection of its ECCO toilet stool’s trade dress under

15 U.S.C. §1125(a), which trade dress includes without limitation a distinctive design that

features a U-shaped back portion, arched sidewalls, textured outlines of shoes/feet on the surface,

and is white in color.

52. Plaintiff’s ECCO toilet stool’s trade dress has acquired secondary meaning as

consumers have come to recognize the toilet stool as identifying Plaintiff as the source of the

high quality toilet stool.

53. Defendants’ toilet stool has so closely imitated and/or copied Plaintiff’s ECCO

toilet stool that the consuming public has been confused and will continue to be confused as to

the source or origin of Defendants’ toilet stool and will erroneously believe that the Defendants’

stool came from Plaintiff.

54. In the eye of an ordinary observer, giving such attention as a purchaser usually

gives, Plaintiff’s ECCO toilet stool and Defendants’ toilet stool are substantially the same and

the resemblance is such so as to deceive an ordinary observer, including an ordinary observer to

purchase Defendants’ toilet stool supposing it to be Plaintiff’s toilet stool.

55. Defendants’ copying of Plaintiff’s toilet stool’s trade dress is intentional.

56. Defendants intended to create a toilet stool confusingly similar in appearance to

Plaintiff’s toilet stool, even including a sticker on Defendants’ stool that contains a trademark

infringement of an image for which Plaintiff has a registered trademark.

57. Further, Defendants mimic Plaintiff’s advertising material, including photographs,

angles of photography, etc.



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58. Defendants’ toilet stool and Plaintiff’s toilet stools are strikingly similar,

substantially duplicated, virtually identical, substantially identical, remarkably similar,

essentially duplicated, and/or closely imitated.

59. Defendants’ acts of trade dress infringement have caused and continue to cause

damages and injury to Plaintiff.

60. Plaintiff may recover for its damages an award to compensate Plaintiff for injuries

and damages it has sustained as a result of Defendants’ conduct that violates 15 U.S.C. §1125(a).

61. Because Defendants’ acts are intentional, willful, and/or deliberate, Plaintiff is

entitled to an award of treble damages.

62. Plaintiff is entitled to an award of pre-judgment interest for the damages sustained

as a result of Defendants’ wrongful conduct.



costs.

64.

Plaintiff has no adequate remedy at law. Plaintiff has suffered and continues to

suffer irreparable harm as a result of Defendants’ acts, and is therefore entitled to permanent

injunctive relief to enjoin Defendants’ wrongful conduct.

SIXTH CAUSE OF ACTION

(Federal Unfair Competition, False Designation of Origin,

Passing Off, and False Advertising – 15 U.S.C. 1125(a))



66. The unauthorized use by Defendants of Plaintiff’s ECCO toilet stool trade dress

through the sale of its unauthorized toilet stool, is likely to cause the public to mistakenly believe



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that Defendants’ products originate from, are endorsed by, or are in some way affiliated with

Plaintiff and thus constitute unfair competition, false designation of origin, and passing off.

67. In addition, Plaintiff’s ECCO toilet stool trade dress is likely to lose its

significance as an indicator of origin if Defendants are allowed to continue their infringement.

68. Defendants have used Plaintiff’s ECCO toilet stool’s trade dress in connection

with false and misleading descriptions or representations of fact in promoting Defendants’ toilet

stool, thereby misrepresenting the nature, characteristics, source, and qualities of their goods,

services or commercial activities.

69.

Defendants’ actions are thus in violation of 15 U.S.C. §1125(a).

70. As set forth above, on information and belief, Defendants’ misconduct is part of a

deliberate plan to trade off the valuable goodwill established by Plaintiff and has been carried out

in willful disregard of Plaintiff’s rights and thereby constitutes a violation of 15 U.S.C. §1125(a).

71. Because Defendants’ acts are intentional, willful, and/or deliberate, Plaintiff is

entitled to an award of treble damages.

72.

Plaintiff is entitled to an award of pre-judgment interest for the damages sustained

as a result of Defendants’ wrongful conduct.



costs.

74. Plaintiff has no adequate remedy at law. Plaintiff has suffered and continues to

suffer irreparable harm as a result of Defendants’ acts, and is therefore entitled to permanent

injunctive relief to enjoin Defendants’ wrongful conduct.



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SEVENTH CAUSE OF ACTION

(Unfair Trade Practices, Misappropriation, and

Trade Dress Infringement –NJ Rev Stat § 56:8-2)



76. By its aforesaid conduct, calculated to increase business and profits by deceiving

and confusing members of the public, Defendant continues to misappropriate the valuable

goodwill of Plaintiff’s toilet stool’s trade dress, to infringe Plaintiff’s rights therein and unfairly

compete with Plaintiff in violation of the laws of New Jersey.

77. Defendants’ use of Plaintiff’s toilet stool’s trade dress to promote, mark, or sell

products constitutes unfair, unlawful, and deceptive business and trade practices in violation of

New Jersey Revised Statutes § 56:8-2.

78. Defendant’s use of Plaintiff’s toilet stool’s trade dress is an unfair or deceptive

method of competition occurring in trade or commerce that impacts the public interest and has

caused, and is causing, injury to Plaintiff’s retailers and consumers.

79.

These wrongful acts have proximately caused and continue to cause Plaintiff

substantial injury, including loss of customers, dilution of its goodwill, confusion of potential

customers, injury to reputation, and diminution in the value of its products and technology.

These actions will cause irreparable harm and injury to Plaintiff, the amount of which will be

difficult to ascertain, if they continue.

80. Plaintiff is without an adequate remedy at law.

81. Plaintiff is entitled to an injunction restraining Defendants, and all persons or

entities acting in concert with them, from engaging in further such unlawful and deceptive

conduct.



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82. Plaintiff is entitled to recover from Defendants the damages sustained by it as a

result of the Defendants’ wrongful acts as alleged herein. The amount of such damages cannot

be determined at this time.

83. Plaintiff is further entitled to recover from Defendants the gains, profits, and

advantages they have obtained as a result of their wrongful acts as alleged herein.

84. The conduct of Defendants was and is fraudulent, oppressive, malicious, and in

conscious disregard of the rights of Plaintiff. Plaintiff is therefore entitled to recover treble

damages from Defendants pursuant to New Jersey Revised Statutes § 56:8-19.

EIGHTH CAUSE OF ACTION(Civil Conspiracy)



86. Defendants entered into a civil conspiracy to unlawfully and unfairly compete

with Plaintiff and deprive Plaintiff of the benefit of Plaintiff’s goodwill and reputation and the

benefits Plaintiff derives from the ‘478 Patent and the Trademark.

87. Defendants have by their conduct unlawfully traded on the goodwill and

reputation of Plaintiff and the Trademark, damaging Plaintiff by way of lost profits and damage

to the goodwill and reputation to the Plaintiff.

88. Defendants have also damaged Plaintiff in that the latter has lost profits and

suffered damage to its goodwill and reputation through Defendants’ infringement of the ‘478

Patent.

89. Defendants have also damaged Plaintiff through Defendants’ infringement and

dilution of the Trademark.



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90. These wrongful acts have proximately caused and continue to cause Plaintiff

substantial injury, including loss of customers, dilution of its goodwill, confusion of potential

customers, injury to its reputation, and diminution in the value of its products and technology.

91. Plaintiff is without an adequate remedy at law.

92. Plaintiff is entitled to an injunction restraining Defendants, and all persons or

entities acting in concert with them, from engaging in further such unlawful and deceptive

conduct.

93. Defendants are jointly and severally liable for damages incurred by Plaintiff in an

amount that will be proven at trial. Defendants are further liable for the costs Plaintiff incurs in

the prosecution of this action.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court:

A. Enter judgment in favor of Plaintiff and against Defendants on all claims;

B. Enter judgment against Defendants for infringement of Plaintiff’s ‘478 Patent,

and permanently enjoin and restrain Defendants, their officers, directors, principals, agents,

servants, employees, successors and assigns, and all others aiding, abetting, or acting in concert

or active participation therewith, from making, using, importing, selling or offering for sale, or

otherwise distributing any product that infringes the ‘478 Patent;

C. Order Defendants to account for and pay over to Plaintiff all damages suffered by

Plaintiff and/or Defendants’ profits derived from and/or related to Defendants’ infringement of

the ‘478 Patent;

D. Enter judgment against Defendants for infringement of Plaintiff’s toilet stool’s

trade dress, and grant Plaintiff preliminary and permanent injunctive relief, together with

damages, pursuant to 15 U.S.C. §1117(a), consisting of Defendants’ profits, any damages



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sustained by Plaintiff and the cost of the action; said amount to be trebled; that the Court award

Plaintiff its attorney’s fees; that the Court in the alternative award damages in such amount as the

Court in its discretion shall find to be just;

E. Enter judgment that Defendants have infringed Plaintiff’s Trademark in violation

of 15 U.S.C. §1114, and grant Plaintiff preliminary and permanent injunctive relief together with

damages, pursuant to 15 U.S.C. §1117(a), consisting of Defendants’ profits, any damages

sustained by Plaintiff and the cost of the action; said amount to be trebled; that the Court award

Plaintiff its attorney’s fees; that the Court in the alternative award damages in such amount as the

Court in its discretion shall find to be just;

F. Enter judgment that Defendants have violated 15 U.S.C. §1125(a), and grant

Plaintiff preliminary and permanent injunctive relief together with damages, pursuant to 15

U.S.C. §1117(a), consisting of Defendants’ profits, any damages sustained by Plaintiff and the

cost of the action; said amount to be trebled; that the Court award Plaintiff its attorney’s fees;

that the Court in the alternative award damages in such amount as the Court in its discretion shall

find to be just;

G. Enter judgment that Defendants have violated 15 U.S.C. §1125(c), and grant

Plaintiff preliminary and permanent injunctive relief together with damages, pursuant to 15

U.S.C. §1117(a), consisting of Defendants’ profits, any damages sustained by Plaintiff and the

cost of the action; said amount to be trebled; that the Court award Plaintiff its attorney’s fees;

that the Court in the alternative award damages in such amount as the court in its discretion shall

find to be just;

H. Enter judgment that Defendants have violated New Jersey Revised Statutes

§ 56:8-2, award Plaintiff treble damages sustained by Plaintiff pursuant to New Jersey Revised



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Statutes § 56:8-19, and award reasonable attorney’s fees and costs to Plaintiff pursuant to New

Jersey Revised Statutes § 56:8-19;

I. Order Defendants to account for and pay to Plaintiff all damages suffered by

Plaintiff as a result of Defendants’ unlawful acts;

J. Award Plaintiff enhanced, treble and/or punitive damages;

K. Award Plaintiff interest, including prejudgment interest, on all damages;

L. Find this to be an exceptional case, and award Plaintiff reasonable attorney’s fees

and costs of this action; and

M.

Award Plaintiff such other and further relief as the Court deems just and proper.

JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable.

WEITZMAN LAW OFFICES, LLC

Dated: February 5, 2016 By: /s Kenneth S. Weitzman Kenneth S. Weitzman


Tel. (973) 403-9940Email: [email protected]

GURR & BRANDE, PLLC

Robert A. Gurr (application for pro hac admission to be filed)1031 S. Bluff St., Ste. 105

St. George, UT 84770

Attorneys for Plaintiff Squatty Potty, LLC



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CERTIFICATION PURSUANT TO L. CIV. R. 11.2

Pursuant to Local Civil Rule 11.2, the undersigned hereby certifies that this matter is not

the subject of any other action pending in any court, or of any pending arbitration or

administrative proceeding.


Dated: February 5, 2016 By: /s Kenneth S. Weitzman Kenneth S. Weitzman


Tel. (973) 403-9940Email: [email protected]




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RULE 201.1 CERTIFICATION

Pursuant to L. Civ. R. 201.1, the undersigned counsel for Plaintiff hereby certifies

that, in addition to monetary damages, Plaintiff seeks injunctive and other equitable relief, and

therefore this action is not appropriate for compulsory arbitration.


Dated: February 5, 2016 By: /s Kenneth S. Weitzman

Kenneth S. Weitzman425 Eagle Rock Avenue, Suite 102

Roseland, New Jersey 07068Tel. (973) 403-9940

Email: [email protected]




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EXIBIT A

Case 2:16-cv-00649-JLL-JAD Document 1-1 Filed 02/05/16 Page 1 of 5 PageID: 19


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EXIBIT B



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EXIBIT C



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GOODS AND/OR SERVICES AND BASIS INFORMATION

INTERNATIONAL CLASS

*IDENTIFICATION Medical equipment and supplies

FILING BASIS SECTION 1(a)

FIRST USE ANYWHERE DATE At least as early as 01/01/2014

FIRST USE IN COMMERCE DATE At least as early as 01/01/2014

SPECIMEN

FILE NAME(S)

\\TICRS\EXPORT16\IMAGEOUT

16\867\713\86771389\xml1\ RFA0003.JPG

SPECIMEN DESCRIPTION Photograph of goods

CORRESPONDENCE INFORMATION

NAME Herman Goldberger

STREET 27 Selvage St.

CITY Irvington

STATE New Jersey

COUNTRY United States

ZIP/POSTAL CODE 07111

PHONE 973-854-8608

*EMAIL ADDRESS [email protected]

*AUTHORIZED TO COMMUNICATE VIA

EMAILYes

FEE INFORMATION

APPLICATION FILING OPTION TEAS RF

NUMBER OF CLASSES 1

FEE PER CLASS 275

*TOTAL FEE DUE 275

*TOTAL FEE PAID 275

SIGNATURE INFORMATION

SIGNATURE /Herman Goldberger/

SIGNATORY'S NAME Herman Goldberger

SIGNATORY'S POSITION CEO

SIGNATORY'S PHONE NUMBER 973-854-8608


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DATE SIGNED 09/24/2015



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PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 86771389Filing Date: 09/28/2015

To the Commissioner for Trademarks:

MARK: AdirMed (Standard Characters, see mark)The literal element of the mark consists of AdirMed.

The mark consists of standard characters, without claim to any particular font, style, size, or color.

The applicant, Tiger Supplies Inc., a corporation of New Jersey, having an address of 27 Selvage St.

Irvington, New Jersey 07111

United States

requests registration of the trademark/service mark identified above in the United States Patent and

Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051et seq.), as amended, for the following:

International Class _______: Medical equipment and supplies

In International Class _______, the mark was first used by the applicant or the applicant's related companyor licensee or predecessor in interest at least as early as 01/01/2014, and first used in commerce at least as

early as 01/01/2014, and is now in use in such commerce. The applicant is submitting one(or more)specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Photograph of goods.

Specimen File1

The applicant's current Correspondence Information:

Herman Goldberger

27 Selvage St.

Irvington, New Jersey 07111

973-854-8608(phone)

[email protected] (authorized)E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the applicationto the applicant or applicant's attorney at the e-mail address provided above. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's attorney must file the relevant

subsequent application-related submissions via the Trademark Electronic Application System (TEAS).Failure to do so will result in an additional processing fee of $50 per international class of goods/services.

A fee payment in the amount of $275 has been submitted with the application, representing payment for 1

class(es).


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Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. § 1051(a), the

applicant is the owner of the trademark/service mark sought to be registered; the applicant is using the

mark in commerce on or in connection with the goods/services in the application; the specimen(s) shows

the mark as used on or in connection with the goods/services in the application; and/or if the applicant

filed an application under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e), the applicant is entitled to usethe mark in commerce; the applicant has a bona fide intention, and is entitled, to use the mark in

commerce on or in connection with the goods/services in the application. The signatory believes that to

the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users,

have the right to use the mark in commerce, either in the identical form or in such near resemblance as to

be likely, when used on or in connection with the goods/services of such other persons, to cause confusion

or mistake, or to deceive. The signatory being warned that willful false statements and the like are

punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false

statements and the like may jeopardize the validity of the application or any registration resulting

therefrom, declares that all statements made of his/her own knowledge are true and all statements made on

information and belief are believed to be true.

Declaration Signature

Signature: /Herman Goldberger/ Date: 09/24/2015

Signatory's Name: Herman Goldberger

Signatory's Position: CEO

RAM Sale Number: 86771389

RAM Accounting Date: 09/29/2015

Serial Number: 86771389

Internet Transmission Date: Mon Sep 28 20:22:20 EDT 2015

TEAS Stamp: USPTO/BAS-XX.XX.XX.XXX-20150928202220412955-86771389-540f3c0482adbb7b17f4eb9daa0

f05953015278f30590395d689b64b0e8e1e6c7-C

C-8192-20150921185535052334



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S 44 (Rev. 1/16) CIVIL COVER SHEETThe 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

rovided 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 theurpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

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

(c) Attorneys (Firm Name, Address, Email and Telephone Number) Attorneys (If Known)

I. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for(For Diversity Cases Only) and One Box for Defendant

’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF D

Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4

of Business In This State

’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5

Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6

Foreign Country

V. NATURE OF SUIT (Place an “X” in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act

’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC

’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))

’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionm

’ 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 Liabil ity ’ 830 Patent ’ 450 Commerce

’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 840 Trademark ’ 460 Deportation

Student Loans ’ 340 Marine Injury Product ’ 470 Racketeer Influence

(Excludes Veterans) ’ 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizatio

’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 480 Consumer Credit

of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud Act ’ 862 Black Lung (923) ’ 490 Cable/Sat TV

’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) ’ 850 Securities/Commod

’ 190 Other Contract Product Liability ’ 380 Other Personal Relations ’ 864 SSID Title XVI Exchange

’ 195 Contract Product Liability ’ 360 Other Personal Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 890 Other Statutory Acti

’ 196 Franchise Injury ’ 385 Property Damage ’ 751 Family and Medical ’ 891 Agricultural Acts

’ 362 Personal Injury - Product Liability Leave Act ’ 893 Environmental Matt Medical Malpractice ’ 790 Other Labor Litigation ’ 895 Freedom of Informa

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 791 Employee Retirement FEDERAL TAX SUITS Act

’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: Income Security Act ’ 870 Taxes (U.S. Plaintiff ’ 896 Arbitration

’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee or Defendant) ’ 899 Administrative Proc

’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act/Review or Appe

’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 Agency Decision

’ 245 Tort Product Liability Accommodations ’ 530 General ’ 950 Constitutionality of

’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION State Statutes

Employment Other: ’ 462 Naturalization Application’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration

Other ’ 550 Civil Rights Actions

’ 448 Education ’ 555 Prison Condition

’ 560 Civil Detainee -

Conditions of

Confinement

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

’ 1 OriginalProceeding

’ 2 Removed fromState Court

’ 3 Remanded fromAppellate Court

’ 4 Reinstated or Reopened

’ 5 Transferred fromAnother District(specify)

’ 6 MultidistrictLitigation

VI. CAUSE OF ACTION

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

Brief description of cause:

VII. REQUESTED IN

COMPLAINT:

’ CHECK IF THIS IS A CLASS ACTION

UNDER RULE 23, F.R.Cv.P.

DEMAND $ CHECK YES only if demanded in complaint

JURY DEMAND: ’ Yes ’ No

VIII. RELATED CASE(S)

IF ANY(See instructions):

JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE


SQUATTY POTTY, LLC

x

35 U.S.C. §271(a), §289; 15 U.S.C. §1114; 15 U.S.C. §1125(a); 15 U.S.C. §1125(c)

TIGER MEDICAL INC.,TIGER SUPPLIES INC.,

Washington (Utah) Essex

Kenneth S. Weitzman, WEITZMAN LAW OFFICES, LLC425 Eagle Rock Avenue, Suite 102, Roseland, NJ 07068

Design Patent Infringement, Trademark Infringement, Trade Dress Infringement; etc.

02/05/2016 /s Kenneth S. Weitzman

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