AG Global Products v. Sally Beauty Holdings - Complaint

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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]

    6

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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

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    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

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    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

    Case 2:16-cv-02364 Document 1-1 Filed 04/06/16 Page 3 of 5 Page ID #:13

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    U.S. Patent

    Mar.1 2016

    Sheet 2

    of

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    US D750 384 S

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    U.S. Patent

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    US D750,384 S

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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

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    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

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    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