Alex and Ani LLC v. Cikovic - Compaint
-
Upload
sarah-burstein -
Category
Documents
-
view
215 -
download
0
Transcript of Alex and Ani LLC v. Cikovic - Compaint
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
1/55
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TENNESSEE
NORTHERN DIVISION
ALEX AND ANI, LLC, d/b/a
Alex and Ani,
Plaintiff ,
v.
DEBRA CIKOVIC, d/b/a
Belleza Jewelry,
Defendant.
)
))
)
)
)
)
)
)
)
)
Civ. Action No. __________
JUDGE___________
JURY TRIAL DEMANDED
COMPLAINT
1. This is an action at law and equity arising under the patent laws of the United
States, Title 35 of the United States Code; the Lanham Act, 15 U.S.C. 1051 et seq.; and for
substantial and related Tennessee and common-law claims.
2. Alex and Ani is an American jewelry company based in Rhode Island. At all
times relevant to this Complaint, Alex and Ani created, manufactured, and distributed a
distinctive bangle that is the subject of United States Design Patent No. D498,167 entitled
Expandable Wire Bracelet (the 167 Patent). A copy of this patent is attached hereto at
Exhibit A.
3. The design claimed in the 167 patent has become the signature Alex and Ani
design for its distinctive line of Alex and Ani expandable bangles, a design which has achieved
secondary meaning in the United States marketplace.
4. Alex and Ani is also the owner of a federal trademark registration (Reg. No.
4,153,058) for the ALEX AND ANI mark in connection with Alex and Anis jewelry and
Case 3:13-cv-00526 Document 1 Filed 09/03/13 Page 1 of 21 PageID #: 1
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
2/55
2
accessories lines. A copy of this trademark registration is attached hereto at Exhibit B.
5. Through the Belleza Jewelry label, Defendant Debra Cikovic has manufactured,
imported, sold, and/or otherwise distributed knockoff bangle bracelets using the ALEX AND
ANI mark throughout the United States, and attempted to capitalize on the goodwill of the
distinctive Alex and Ani brand.
THE PARTIES
6. Alex and Ani is a limited liability company organized under the laws of the State
of Rhode Island with a principal place of business located at 2000 Chapel View Boulevard,
Cranston, Rhode Island.
7. On information and belief, Cikovic is an individual domiciled in Tennessee. On
information and belief, Cikovic has been doing business under the name Belleza Jewelry since
2011. On information and belief, Cikovic, doing business under the name Belleza Jewelry, is
headquartered in Knoxville, Tennessee.
JURISDICTION AND VENUE
8. This Court has subject matter jurisdiction pursuant to 15 U.S.C. 1121 and 28
U.S.C. 1338 and, under the principles of supplemental jurisdiction, 28 U.S.C. 1367.
9. As an individual domiciled in Tennessee, Cikovic is subject to personal
jurisdiction in Tennessee. Further, acts of infringement giving rise to this cause of action
occurred in this jurisdiction, as, upon information and belief, Belleza Jewelry is headquartered in
Knoxville, Tennessee.
10. Venue is proper in this District under 38 U.S.C. 1391(b)(1) and (c)(1) and
Case 3:13-cv-00526 Document 1 Filed 09/03/13 Page 2 of 21 PageID #: 2
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
3/55
3
1400(b) because Cikovic resides in this Judicial District, has a regular and established place of
business in this District, and acts of infringement were committed in this District. Venue is also
proper in this District pursuant to 28 U.S.C. 1391(b)(2) because a substantial part of the events
or omissions giving rise to Alex and Anis claims occurred in this District.
ALEX AND ANIS FAMOUS TRADEMARK AND TRADE DRESS
11. Alex and Ani is a manufacturer and distributor of high quality fashion jewelry
designs that carry self-affirming messages based on the life and experiences of their creator,
Carolyn Rafaelian. Alex and Ani manufactures its products in Rhode Island and sells them
through authorized retailers throughout the United States and internationally.
12. Alex and Ani jewelry is made using eco-friendly, recycled materials made entirely
in the United States. Manufacturing in the United States and reusing and recycling materials is an
integral part of Alex and Anis mission as a conscious and eco-friendly company.
13. Since 1999, the ALEX AND ANI mark has continuously been used in interstate
commerce to identify Alex and Ani jewelry products and to distinguish them from those made
and sold by others.
14. On June 5, 2012, the ALEX AND ANI mark was registered in the United States
Patent and Trademark Office on the Principal Register covering the use of said mark on jewelry,
accessories, and retail store services. This registration is outstanding and valid. A copy of this
trademark registration is attached hereto at Exhibit B.
15. Alex and Anis distinctive bangle bracelets feature a circular, one-piece bangle
style bracelet formed from a single piece of wire from approximately .050 to .064 gauge, the ends
of which overlap in part and capture the portion of the wire above and below each end by means
Case 3:13-cv-00526 Document 1 Filed 09/03/13 Page 3 of 21 PageID #: 3
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
4/55
4
of a stylistic twist. Alex and Anis signature bangles also include a prominent charm positioned
within the overlapping portion of the bangle. This bangle design is common across Alex and
Anis signature line of products.
16. This unique combination of elements (the Alex and Ani Trade Dress) serves to
readily distinguish for consumers Alex and Anis wide range of products from the goods of
competitors. Alex and Ani enjoys substantial goodwill in the design of the Alex and Ani
products, owing to Alex and Anis lengthy, innovative and exclusive use of the distinctive
product design.
17. A sample of the Alex and Ani Trade Dress is shown below:
18. Alex and Ani has continuously used the Alex and Ani Trade Dress in commerce
since at least 2004.
19. Alex and Ani has gone to great expense and effort to develop, promote, and
Case 3:13-cv-00526 Document 1 Filed 09/03/13 Page 4 of 21 PageID #: 4
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
5/55
5
protect the ALEX AND ANI mark and the Alex and Ani Trade Dress. As a result of Alex and
Anis efforts and longevity, the ALEX AND ANI mark, the Alex and Ani Trade Dress, and all
products sold bearing the Alex and Ani Trade Dress have become widely recognized by
consumers and the industry as being associated with Alex and Ani. Alex and Anis products have
achieved a well-deserved reputation for quality and have experienced impressive sales growth
and success over the last nine years.
20. Alex and Ani have expended substantial sums to conduct advertising promoting
the ALEX AND ANI mark and highlighting the Alex and Ani Trade Dress both in the United
States and elsewhere.
21. The excellence of Alex and Ani products has been widely recognized in the
United States and worldwide and has favorably been reported upon by the press. Just a few of
the many publications that have reported on Alex and Anis well-known trademark and Trade
Dress are Vogue, Glamour, Redbook, InStyle Spain, Lucky Magazine, Daily Front Row, ELLE,
ELLE Spain, Womens Health and Brides.
22. Because of its distinctive nature and wide-ranging popularity, the Alex and Ani
Trade Dress has frequently been a target of copying by competitors in the industry, including
Cara Accessories, Ann Taylor Loft, Forever 21, Old Navy, and Max and Chloe. In each instance,
Alex and Ani was successful in policing its intellectual property rights, and the copying was
discontinued.
23. The ALEX AND ANI mark and the Alex and Ani Trade Dress have become well
known and identified in the minds of the trade and the purchasing public as identifying products
belonging to Alex and Anis signature line of expandable bangles. Indeed, as of the filing of this
Case 3:13-cv-00526 Document 1 Filed 09/03/13 Page 5 of 21 PageID #: 5
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
6/55
6
Complaint, the popular handmade and craft commerce website, www.etsy.com, featured
hundreds of knockoffs of Alex and Anis signature expandable bangle design, many explicitly
promoted as Alex and Ani Inspired or Alex and Ani Style.
24. The ALEX AND ANI mark and the Alex and Ani Trade Dress have come to
indicate the source and quality of Alex and Anis products and to signify the association with
Alex and Ani, a company that manufactures in the United States and reuses and recycles
materials as an integral part of its mission to be conscious and eco-friendly.
25. The ALEX AND ANI mark and the Alex and Ani Trade Dress have grown to
become important business assets of immense and incalculable value.
26. The Alex and Ani Trade Dress is not functional. It is not essential to the purpose
or use of Alex and Ani products that feature the Alex and Ani Trade Dress, nor does it affect the
cost or quality of these Alex and Ani products. Further, exclusive use by Alex and Ani of the
Alex and Ani Trade Dress would not put competitors at a significant non-reputation-related
disadvantage.
ALEX AND ANIS PATENT
27. To protect her signature bangle bracelet invention, Alex and Anis founder,
Carolyn Rafaelian, applied for and received the 167 Patent.
28. The 167 Patent was duly and legally issued by the United States Patent and
Trademark Office on November 9, 2004 to Carolyn Rafaelian, who has assigned all right, title,
and interest in the patent to Alex and Ani.
29. A true and correct copy of the 167 Patent is attached hereto as Exhibit A.
30. Upon information and belief, Cikovic has willfully and deliberately copied Alex
Case 3:13-cv-00526 Document 1 Filed 09/03/13 Page 6 of 21 PageID #: 6
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
7/55
7
and Anis patented design.
CIKOVICS WRONGFUL ACTS
31. Alex and Ani discovered that Cikovic, doing business under the name Belleza
Jewelry, is manufacturing, importing, offering for sale, selling, distributing, and/or advertising
goods that infringe the 167 patent and bear the ALEX AND ANI mark and the Alex and Ani
Trade Dress (the Infringing Goods), in interstate commerce via the online website
bellezajewelry.com.
32. The Infringing Goods are offered in the same channels of trade as Alex and Anis
products bearing the ALEX AND ANI mark and Alex and Ani Trade Dress.
33. Representative examples of genuine Alex and Ani designs are shown below on
the left along with examples of the Infringing Goods on the right.
Genuine Alex and Ani Bangles Infringing Belleza Jewelry Bangles
Case 3:13-cv-00526 Document 1 Filed 09/03/13 Page 7 of 21 PageID #: 7
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
8/55
8
34. The likelihood of confusion between the Infringing Goods and Alex and Anis
goods is great because the average retail consumer is not likely to exercise a high degree of care
in purchasing a relatively inexpensive product such as bangle bracelets.
35. The likelihood of confusion is also great because the goods are related: both the
Infringing Goods and Alex and Ani goods bearing the Alex and Ani Trade Dress are expandable
bangle bracelets.
36. The likelihood of confusion is also great because Cikovic intentionally references
the ALEX AND ANI mark in connection with the Infringing Goods.
37. Cikovics business website, bellezajewelry.com, has a link to a bracelet sub-
category page titled AA Inspired, which takes consumers directly to a website page
Case 3:13-cv-00526 Document 1 Filed 09/03/13 Page 8 of 21 PageID #: 8
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
9/55
9
(http://www.bellezajewelry.com/AA-Inspired_c_108.html) that contains links to view and
purchase the Infringing Goods. Upon information and belief, the term AA Inspired is a
reference to the ALEX AND ANI mark and is intended to create a mental connection between
the Alex and Ani brand and the Infringing Goods. Cikovic also uses the term Alex and Ani
Inspired in conjunction with one of the Infringing Goods sold on bellezajewelry.com. Copies of
the relevant webpages are attached at Exhibit C.
38. Upon information and belief, in August 2013, Cikovic, doing business under the
name Belleza Jewelry, partnered with DealChicken.com, an e-commerce website, in order to
offer for sale and promote the Infringing Goods through the DealChicken website.
39. The Belleza Jewelry deals offered through DealChicken.com referenced the
ALEX AND ANI mark in order to market and sell the Infringing Goods. Pictured at Exhibit D
are examples of the manner in which Cikovic, via DealChicken.com, referenced the ALEX AND
ANI mark in order to market and sell the Infringing Goods.
40. Upon information and belief, DealChicken.com has advertised and promoted the
Infringing Goods as part of its national deals, as well as through various local deals, which have
resulted in sales of over 3,700 of Cikovics Infringing Goods.
41. Upon information and belief, Cikovic, doing business under the name Belleza
Jewelry, has partnered with other deal websites in order to market and sell the Infringing
Goods, including Moolala.com, and Dealsurf.com. A copy of the relevant webpages are attached
at Exhibit E.
42. Upon information and belief, Cikovic, doing business under the name Belleza
Jewelry, has partnered with various bloggers and sponsored giveaways of a Belleza Jewelry
Case 3:13-cv-00526 Document 1 Filed 09/03/13 Page 9 of 21 PageID #: 9
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
10/55
10
product in order to market and sell the Belleza Jewelry goods, including the Infringing Goods, by
drawing customers to bellezajewelry.com.
43. Alex and Ani has not consented to Cikovics use of the 167 patent, the ALEX
AND ANI mark, or the Alex and Ani Trade Dress in connection with the Infringing Goods, nor
has Alex and Ani sponsored, endorsed or approved the goods offered or promoted by Cikovic.
44. Cikovics unauthorized use of the ALEX AND ANI mark and the Alex and Ani
Trade Dress is likely to cause confusion, to cause mistake, and to deceive an appreciable number
of customers and prospective customers into falsely believing that Cikovics goods are provided,
sponsored, approved by or affiliated with Alex and Ani or that there is a connection or affiliation
between Alex and Ani and Cikovic.
45. Upon information and belief, Cikovic intentionally and deliberately
misappropriated the ALEX AND ANI mark and the Alex and Ani Trade Dress to mislead and
confuse consumers into believing that Cikovics goods are provided, sponsored, approved by or
affiliated with Alex and Ani. As a direct and proximate result of Cikovics conduct set forth
above, Alex and Ani has been irreparably injured.
46. Cikovics conduct is continuing and will continue, constituting an ongoing threat
to Alex and Ani and the public. Unless Cikovic is restrained and enjoined from engaging in the
wrongful conduct described herein, Alex and Ani will suffer irreparable injury. It would be
difficult to ascertain the amount of compensation that could afford Alex and Ani adequate relief
for the acts of Cikovic, present and threatened, and Alex and Anis remedy at law is not adequate
in and of itself to compensate it for said harm and damage.
47. Alex and Ani has extensively and continuously promoted and used the ALEX
Case 3:13-cv-00526 Document 1 Filed 09/03/13 Page 10 of 21 PageID #: 10
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
11/55
11
AND ANI mark and the Alex and Ani Trade Dress and the associated goodwill throughout the
United States and the world, and the ALEX AND ANI mark and the Trade Dress have thereby
become famous and well-known indicators of the origin of the Alex and Ani goods.
48. The Alex and Ani Trade Dress has achieved significant secondary meaning.
COUNT I: WILLFUL INFRINGEMENT OF U.S. PATENT 167 (35 U.S.C. 271)
49. Alex and Ani repeats and realleges all the preceding paragraphs as if stated in full
herein.
50. In violation of 35 U.S.C. 271(a), Cikovic has made, used, offered for sale,
distributed, imported, and/or sold in the United States, bangle bracelets that infringe the 167
Patent.
51. In violation of 35 U.S.C. 271(b) and (c), Cikovic has actively induced the
infringement of, and/or contributed to the infringement of the 167 Patent.
52. Upon information and belief, Cikovics infringement of the 167 Patent has
occurred with Cikovics knowledge of the 167 Patent and has been willful and wanton.
53. Alex and Ani has suffered and will continue to suffer serious and irreparable
injury unless Cikovics infringement of the 167 Patent is enjoined. Considering the balance of
hardships between the parties, a remedy in equity is warranted. And the public interest would be
served by an injunction as an injunction would protect the public from Cikovics deceptive
conduct. Alex and Ani is entitled to injunctive relief, pursuant to 35 U.S.C. 283, prohibiting
Cikovic from infringing the 167 patent.
54. Alex and Ani is also entitled to damages adequate to compensate for Cikovics
Case 3:13-cv-00526 Document 1 Filed 09/03/13 Page 11 of 21 PageID #: 11
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
12/55
12
infringement of the 167 Patent in an amount to be determined at trial, but in no event less than a
reasonable royalty, treble damages, interest, attorneys fees, and the costs incurred in this action.
COUNT II: TRADEMARK INFRINGEMENT (15 U.S.C. 1114, 1117, and CommonLaw)
55. Alex and Ani repeats and realleges all the preceding paragraphs as if stated in full
herein.
56. Alex and Ani is the owner of a federal trademark registration for ALEX AND
ANI in connection with its jewelry.
57. Upon information and belief, Alex and Anis ownership and use in commerce of
the ALEX AND ANI mark predates the adoption and use by Cikovic of the ALEX AND ANI
mark.
58. The ALEX AND ANI mark is arbitrary and/or has acquired secondary meaning.
59. Cikovics use of the ALEX AND ANI mark to advertise and promote goods that
are confusingly similar to Alex and Anis goods is likely to cause consumers to mistakenly
believe that Cikovics goods are sponsored by, associated with, authorized by, endorsed by, or
otherwise connected with Alex and Ani.
60. By using the ALEX AND ANI mark, Cikovic is misrepresenting to consumers
that Belleza Jewelry is somehow authorized by or otherwise associated or affiliated with Alex
and Ani.
61. As a result of Cikovics aforesaid conduct, the public is likely to believe that the
Infringing Goods are legitimately affiliated, connected or associated with and/or authorized by
Alex and Ani when they are not.
Case 3:13-cv-00526 Document 1 Filed 09/03/13 Page 12 of 21 PageID #: 12
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
13/55
13
62. On information and belief, given the longstanding and continuous use of the
ALEX AND ANI mark, Cikovics conduct is willful and intentional and intended to free-ride off
of the goodwill associated with the federally registered ALEX AND ANI mark. Cikovic is and
was at all relevant times at least constructively aware of ALEX AND ANIs prior use, ownership,
and registration of the ALEX AND ANI mark, and Cikovics conduct with respect to the mark is
therefore also willful and intentional.
63. Alex and Ani uses the ALEX AND ANI mark in interstate commerce in
connection with the sale, offering for sale, distribution, and/or advertising of its goods.
64. Cikovics use of the ALEX AND ANI mark, as described above, constitutes
trademark infringement in violation of 15 U.S.C. 1114 in that it is without Alex and Anis
consent and is likely to cause confusion, mistake, and/or deception with respect to its federally
registered trademark ALEX AND ANI, all to the irreparable injury of Alex and Ani and the
goodwill developed in the ALEX AND ANI mark.
65. Cikovics use in commerce of the ALEX AND ANI mark, as described above,
also constitutes common law trademark infringement in that it is without Alex and Anis consent
and creates a likelihood of confusion as to source.
66. Without injunctive relief, Alex and Ani has no means by which to control the
continuing injury to its reputation and goodwill, and Alex and Ani will continue to be irreparably
harmed. No amount of money damages can adequately compensate Alex and Ani if it loses the
ability to control the use of its trademark, reputation, and goodwill through the false and
unauthorized use of its trademark. Considering the balance of hardships between the parties, a
remedy in equity is warranted. And the public interest would be served by an injunction as an
Case 3:13-cv-00526 Document 1 Filed 09/03/13 Page 13 of 21 PageID #: 13
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
14/55
14
injunction would protect the public from Cikovics deceptive conduct. Alex and Ani is entitled to
injunctive relief prohibiting Cikovic from using the ALEX AND ANI mark.
67. Because Cikovics actions have been committed willfully and with intent to profit
from Alex and Anis goodwill in the ALEX AND ANI mark, this is an exceptional case, and
Alex and Ani is entitled to recover Cikovics profits together with Alex and Anis damages,
trebled, costs of the action, and reasonable attorneys fees pursuant to Section 35(a) of the
Lanham Act, 15 U.S.C. 1117(a).
COUNT III: TRADE DRESS INFRINGEMENT (15 U.S.C. 1125(a) and Common Law)
68. Alex and Ani repeats and realleges all the preceding paragraphs as if stated in full
herein.
69. Upon information and belief, Alex and Anis ownership and use in commerce of
the Alex and Ani Trade Dress predates the adoption and use by Cikovic of the Alex and Ani
Trade Dress.
70. Upon information and belief, Cikovic has and is manufacturing, advertising,
offering for sale, and engaging in the sale, resale and distribution of the Infringing Goods without
Alex and Anis consent, and thereby infringing the Alex and Ani Trade Dress.
71. The design of the Infringing Goods creates the same general overall impression
and has the same look and feel as genuine Alex and Ani products. Upon information and
belief, the similarities between the Alex and Ani Trade Dress and the design of the Infringing
Goods are purposeful.
72. Cikovics Infringing Goods were designed intentionally to mimic the Alex and
Case 3:13-cv-00526 Document 1 Filed 09/03/13 Page 14 of 21 PageID #: 14
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
15/55
15
Ani Trade Dress in that the designs of the bangles are almost exactly the same, having virtually
identical designs and distinctive arrangement of design elements. This creates the immediate
commercial impression that goods bearing such designs are associated with and emanate from
Alex and Ani.
73. Cikovics sale of its Infringing Goods in the United States constitutes a false
designation of origin and is intentionally designed to deceive, and has deceived, customers into
believing that the Infringing Goods are genuine goods of Alex and Ani.
74. Cikovic has without permission, willfully and with the intention of benefiting
from the reputation and good will of Alex and Ani, imitated the design, style, and layout of the
Alex and Ani Trade Dress.
75. As a consequence, the design of the Infringing Goods is likely to deceive and
divert, and has deceived and diverted, customers away from the genuine Alex and Ani products
and created a likelihood of consumer confusion as to the source of the Alex and Ani products and
the Infringing Goods.
76. Cikovics conduct, as alleged in the foregoing paragraphs, constitutes trade dress
infringement in violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a), which
prohibits the use in commerce in connection with the sale of goods of any word, term, name,
symbol, or device, or any combination thereof which is likely to cause confusion, or to cause
mistake, or to deceive as to the source of the goods.
77. Cikovics use in commerce of the Alex and Ani Trade Dress, as described above,
constitutes common law trade dress infringement in that it is without Alex and Anis consent and
creates a likelihood of confusion as to source.
Case 3:13-cv-00526 Document 1 Filed 09/03/13 Page 15 of 21 PageID #: 15
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
16/55
16
78. Without injunctive relief, Alex and Ani has no means by which to control the
continuing injury to its reputation and goodwill, and Alex and Ani will continue to be irreparably
harmed. No amount of money damages can adequately compensate Alex and Ani if it loses the
ability to control the use of its Trade Dress, reputation, and goodwill through the false and
unauthorized use of its Trade Dress. Considering the balance of hardships between the parties, a
remedy in equity is warranted. And the public interest would be served by an injunction as an
injunction would protect the public from Cikovics deceptive conduct. Alex and Ani is entitled to
injunctive relief prohibiting Cikovic from using the design of the Infringing Goods, or any other
trademark or designation that is likely to be confused with the Alex and Ani Trade Dress.
79. Because Cikovics actions have been committed willfully and with intent to profit
from Alex and Anis goodwill in the Alex and Ani Trade Dress, this is an exceptional case, and
Alex and Ani is entitled to recover Cikovics profits together with Alex and Anis damages,
trebled, costs of the action, and reasonable attorneys fees pursuant to Section 35(a) of the
Lanham Act, 15 U.S.C. 1117(a).
COUNT IV: FALSE DESIGNATION OF ORIGIN (15 U.S.C. 1125(a))
80. Alex and Ani repeats and realleges all the preceding paragraphs as if stated in full
herein.
81. Alex and Ani is the owner of the federal registration for the ALEX AND ANI
mark.
82. Alex and Ani is the owner of common law rights to the ALEX AND ANI mark.
83. The ALEX AND ANI mark is arbitrary and/or has acquired secondary meaning.
84. Alex and Anis ownership and use in commerce of the ALEX AND ANI mark
Case 3:13-cv-00526 Document 1 Filed 09/03/13 Page 16 of 21 PageID #: 16
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
17/55
17
predates the adoption and use by Cikovic of the ALEX AND ANI mark.
85. On information and belief, given the longstanding use and federal registration of
the ALEX AND ANI mark, Cikovics conduct is willful and intentional and intended to free-ride
off of the goodwill associated with the ALEX AND ANI mark. Cikovic uses the ALEX AND
ANI mark in interstate commerce in connection with the sale, offering for sale, distribution,
and/or advertising of its goods.
86. Cikovics use in commerce of the ALEX AND ANI mark, as described above,
constitutes false designation of origin in violation of 15 U.S.C. 1125(a)(1)(A) in that it is likely
to cause confusion, to cause mistake, or to deceive as to the affiliation, connection, or association
of Belleza Jewelry with Alex and Ani and/or as to the origin, sponsorship, or approval by Alex
and Ani of Cikovics goods, and will irreparably harm Alex and Ani and the goodwill it has
developed in the ALEX AND ANI mark. As a direct and proximate result of Cikovics violation
of 15 U.S.C. 1125(a), Alex and Ani has been and will continue to be damaged.
87. Without injunctive relief, Alex and Ani has no means by which to control the
continuing injury to its reputation and goodwill, and Alex and Ani will continue to be irreparably
harmed. No amount of money damages can adequately compensate Alex and Ani if it loses the
ability to control the use of its trademark, reputation, and goodwill through the false and
unauthorized use of its trademark. Considering the balance of hardships between the parties, a
remedy in equity is warranted. And the public interest would be served by an injunction as an
injunction would protect the public from Cikovics deceptive conduct. Alex and Ani is entitled to
injunctive relief prohibiting Cikovic from using the ALEX AND ANI mark.
88. Because Cikovics actions have been committed willfully and with intent to profit
Case 3:13-cv-00526 Document 1 Filed 09/03/13 Page 17 of 21 PageID #: 17
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
18/55
18
from Alex and Anis goodwill in the ALEX AND ANI mark, this is an exceptional case, and
Alex and Ani is entitled to recover Cikovics profits together with Alex and Anis damages,
trebled, costs of the action, and reasonable attorneys fees pursuant to Section 35(a) of the
Lanham Act, 15 U.S.C. 1117(a).
COUNT V: COMMON LAW UNFAIR COMPETITION and TENNESSEE CONSUMER
PROTECTION ACT, TENN. CODE ANN. 47-18-101, et seq.
89. Alex and Ani repeats and realleges all the preceding paragraphs as if stated in full
herein.
90. Cikovic has committed unfair and deceptive acts and practices affecting the
conduct of trade and commerce in violation of the common law of the state of Tennessee and the
Tennessee Consumer Protection Act, Tenn. Code Ann. 47-18-104, by falsely passing off her
Infringing Goods as those of Alex and Ani, causing a likelihood of confusion as to the source,
sponsorship, or approval of its Infringing Goods, and causing a likelihood of confusion as to
affiliation, connection, or association with Alex and Ani.
91. Cikovics unfair and deceptive trade practices have proximately caused Alex and
Ani irreparable harm and injury and, unless she is enjoined by this Court, will continue to cause
Alex and Ani irreparable harm and injury. Considering the balance of hardships between the
parties, a remedy in equity is warranted. And the public interest would be served by an injunction
as an injunction would protect the public from Cikovics deceptive conduct.
92. Cikovics unfair and deceptive trade practices have been willful and intentional.
Therefore, Alex and Ani is also entitled to recover damages for common law unfair competition,
Case 3:13-cv-00526 Document 1 Filed 09/03/13 Page 18 of 21 PageID #: 18
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
19/55
19
and treble damages, Cikovics wrongful profits, costs and expenses, and attorneys fees pursuant
to Tenn. Code Ann. 47-18-109.
PRAYER FOR RELIEF
WHEREFORE, Alex and Ani, LLC respectfully requests a judgment against Debra
Cikovic, d/b/a Belleza Jewelry that includes:
1. A judgment in favor of Alex and Ani and against Cikovic on all counts;
2. Damages in an amount to be determined at trial, including Cikovics unjust
enrichment, and, because this is an exceptional case, such damages enhanced and/or trebled for
willful infringement;
3. An order awarding Alex and Ani its reasonable attorneys fees and costs incurred
in this action;
4. Exemplary and punitive damages;
5. An order awarding Alex and Ani interest on the damages, costs, and attorneys
fees incurred in this action, including pre-judgment interest;
6. An order permanently enjoining Cikovic and her agents, employees,
representatives, successors, assigns, attorneys, and all other persons and entities acting for, with,
by, through, or under authority from Cikovic, or in concert or participating with Cikovic,
including the websites Dealchicken.com, Moolala.com, and Dealsurf.com, from:
a. Using and infringing Alex and Anis design patent, the 167 patent;
b. Using the ALEX AND ANI mark on or in connection with Cikovics goods or
services;
Case 3:13-cv-00526 Document 1 Filed 09/03/13 Page 19 of 21 PageID #: 19
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
20/55
20
c. Using the Alex and Ani Trade Dress, or any other copy, reproduction, or colorable
imitation or simulation of the Alex and Ani Trade Dress on or in connection with
Cikovics goods or services;
d. Using any trademark, service mark, name, logo, design or source designation of
any kind on or in connection with Cikovics goods or services that is a copy,
reproduction, colorable imitation, or simulation of, or confusingly similar to the
trademarks, service names, or logos of Alex and Ani;
e. Using any trademark, service mark, name, logo, design or source designation of
any kind on or in connection with Cikovics goods or services that is likely to cause
confusion, mistake, deception, or public misunderstanding that such goods or services
are produced or provided by Alex and Ani, or are sponsored or authorized or affiliated
with Alex and Ani;
f. Passing off, palming off, or assisting in passing off or palming off, Cikovics
goods or services as those of Alex and Ani, or otherwise continuing any and all acts
of unfair competition as alleged herein.
7. An order requiring Cikovic to recall all products infringing the 167 patent and/or bearing
the ALEX AND ANI mark, Alex and Ani Trade Dress or any other confusingly similar
mark, which have been shipped by Cikovic or under her authority, to any customer
including, but not limited to, any wholesaler, distributor, retailer, consignor, or marketer
and also to deliver to each customer a copy of this Courts order as it relates to said
injunctive relief;
Case 3:13-cv-00526 Document 1 Filed 09/03/13 Page 20 of 21 PageID #: 20
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
21/55
21
8. An order requiring Cikovic to deliver up for impoundment and for destruction all bangles,
tags, signs, packaging, receptacles, advertising, sample books, promotional material,
stationery or other materials in the possession, custody, or under the control of Cikovic
that are found to adopt or to infringe any of Alex and Anis patents, trademarks, or Trade
Dress or that otherwise unfairly compete with Alex and Ani and its products and services;
9. An order compelling Cikovic to account to Alex and Ani for any and all profits derived
by Cikovic from the sale or distribution of the Infringing Goods as described herein.
DEMAND FOR JURY TRIAL
Alex and Ani, LLC demands trial by jury for all issues so triable.
Dated: August 30, 2013
Respectfully submitted,
DICKINSON WRIGHT PLLC
s/ Autumn L. Gentry
Autumn L. Gentry (No. 20766)
Fifth Third Center, Suite 1401
424 Church Street
Nashville, Tennessee 37219-2392
(615) 244-6538
Attorneys for Plaintiff
Alex And Ani, LLC d/b/a Alex and Ani22428980v.1
Case 3:13-cv-00526 Document 1 Filed 09/03/13 Page 21 of 21 PageID #: 21
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
22/55
Exhibit A
Case 3:13-cv-00526 Document 1-1 Filed 09/03/13 Page 1 of 9 PageID #: 22
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
23/55Case 3:13-cv-00526 Document 1-1 Filed 09/03/13 Page 2 of 9 PageID #: 23
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
24/55Case 3:13-cv-00526 Document 1-1 Filed 09/03/13 Page 3 of 9 PageID #: 24
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
25/55Case 3:13-cv-00526 Document 1-1 Filed 09/03/13 Page 4 of 9 PageID #: 25
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
26/55Case 3:13-cv-00526 Document 1-1 Filed 09/03/13 Page 5 of 9 PageID #: 26
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
27/55Case 3:13-cv-00526 Document 1-1 Filed 09/03/13 Page 6 of 9 PageID #: 27
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
28/55Case 3:13-cv-00526 Document 1-1 Filed 09/03/13 Page 7 of 9 PageID #: 28
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
29/55Case 3:13-cv-00526 Document 1-1 Filed 09/03/13 Page 8 of 9 PageID #: 29
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
30/55Case 3:13-cv-00526 Document 1-1 Filed 09/03/13 Page 9 of 9 PageID #: 30
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
31/55
Exhibit B
Case 3:13-cv-00526 Document 1-2 Filed 09/03/13 Page 1 of 3 PageID #: 31
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
32/55Case 3:13-cv-00526 Document 1-2 Filed 09/03/13 Page 2 of 3 PageID #: 32
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
33/55Case 3:13-cv-00526 Document 1-2 Filed 09/03/13 Page 3 of 3 PageID #: 33
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
34/55
Exhibit C
Case 3:13-cv-00526 Document 1-3 Filed 09/03/13 Page 1 of 3 PageID #: 34
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
35/55
Select Language
Home How To Redeem a Voucher Code About Promos Size Info Account Our Blog Contact Gift Certificates Cleaning Instructions
Toll Free: 855.NEW.BEAD (639.2323)Phone Hours: M-F: 8:30a - 5:00p EDT, Closed S/S
View Shopping Cart
search by keyword
Search
search by keyword
Browse by Price$0 - $24.99$25 - $49.99Over $50
New Releases
DY InspiredBangles
$49.00
Crystal Ball$120.00details
Turquoise Garden$125.00details
Home > Bracelets > AA Inspired
AA Inspired
Triple Charm Bracelet
Your Price: $68.00
Add To Cart
Cut Glass ZirconEnergy Charm
Bracelet
Your Price: $68.00
Add To Cart
SwarovskI DesignerCharm Bracelet
Your Price: $68.00
Add To Cart
Top Sellers
2 Crystal EleganceBracelet$167.00
3 Geneva Jelly SiliconeWatch$55.00
Subscribe forDeals!
Full name:
Email:
MailingGroups:
current subscribers
Subscribe
Contact Form Generator
Email*
Name
Subscribe
Shipping & Return Policy| My Account
Phone Hours: M-F 8:30a- 5:00p EDT, Closed S/S
All prices are in USD. Copyright 2013 Belleza Jewelry.All Rights Reserved. eCommerce Software by 3dcart.
Bracelets Rings Perfume Bottles Necklaces Earrings Tuscan JewelPOP Precious Beginnings Specialty Beads & Charms Watches Toerings
1
Cut Glass ZirconEnergy Charm
Bracelet$68.00
more details
Page 1 of 1AA Inspired
8/29/2013http://www.bellezajewelry.com/AA-Inspired_c_108.html
Case 3:13-cv-00526 Document 1-3 Filed 09/03/13 Page 2 of 3 PageID #: 35
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
36/55
Select Language
Home How To Redeem a Voucher Code About Promos Size Info Account Our Blog Contact Gift Certificates Cleaning Instructions
Searchsearch by keyword
Browse by Price$0 - $24.99$25 - $49.99Over $50
New Releases
DY InspiredBangles
$49.00
Crystal Ball$120.00details
Turquoise Garden$125.00details
*Please Note: Some material may not be available at the time of order placement and may require additional processing time.*AA Ruby Swarovski Charm Bracelet
An Alex and Ani inspired expandable bracelet in Russian gollarge Ruby crystal encrusted charm made with Swarovski elewith this first of many of this new line of stackable bracelets.
Your Price:
Quantity 1
ShareMore | ShareShare Share
Add to Gift Registry Add to Wish List
Send to:
select name from list
or add name: Would you like to have this product automatically shipped to
you? If yes, select frequency
*We'll ask for shipping info at checkout
Recently Viewed Items
SwarovskI Designer Charm Bracelet
$68.00
Clear
Cut Glass Zircon Energy CharmBracelet
$68.00
Clear
Triple Charm Bracelet
$68.00
Clear
Contact Form Generator
Email*
Name
Subscribe
Shipping & Return Policy
| My Account
Phone Hours: M-F 8:30a- 5:00p EDT, Closed S/S
All prices are in USD. Copyright 2013 Belleza Jewelry.
All Rights Reserved. eCommerce Software by 3dcart.
Bracelets Rings Perfume Bottles Necklaces Earrings Tuscan JewelPOP Precious Beginnings Specialty Beads & Charms Watches Toerings
Page 1 of 1AA Ruby Swarovski Charm Bracelet
8/29/2013http://www.bellezajewelry.com/AA-Ruby-Swarovski-Charm-Bracelet_p_2422.html
Case 3:13-cv-00526 Document 1-3 Filed 09/03/13 Page 3 of 3 PageID #: 36
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
37/55
Exhibit D
Case 3:13-cv-00526 Document 1-4 Filed 09/03/13 Page 1 of 7 PageID #: 37
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
38/55
ViewDeal
Today's Deal
$30 $7Wayfarer-inspired sunglassesSalebreaker.com
VIEW DEAL $179
VIEW DEAL $29
VIEW DEAL $40
VIEW DEAL $30
VIEW DEAL $60
More Deals
everywhere
everywhere
everywhere
everywhere
everywhere
7 inch Androidtabletwith screenprotector
$89
iPhone Dockfor 4,4s and 5
$10
Universal carmount
$9
WaterproofiPhonebag
$10
Genie Bra (3-pack)
$17
It'sHatched!
1,985BOUGHT
On Trend: Alex and Ani inspired birthstonebracelet$68 value for $16!
TELL YOUR PEEPS & GET REWARDS
The Deal
Alex and Ani inspired birthstone charm bracelet ($68 value)
Twometal coloroptions: silver or gold
Choose your favorite color or birthstone from a rainbow of zircon charms
Wear it alone or stacked with other bracelets
Shipping included
Promotion ExpiresDecember 7, 2013
Show off your superior sense of style with this Alex and Ani-inspired charm
bracelet. Available today for only $16, this super-trendy AA-inspired design
features a large cut-glass zircon charm on an expandable wire bracelet. Choose
your favorite color (or birthstone) from a rainbow of zircon charms, and thenfurther customize yourpiece with your choice ofmetal - Russian Silveror
Russian Gold.Two matching metal charms complete thestylish look.
The Details
$16 for an Alex and Ani inspired birthstone charm bracelet ($68 value)
Cash refunds up to 14 days after date of purchase. See Terms of Service forrefu nddetails. Limit 3 per customer. May buy 3 additional as gifts. Valid only for optionpurchased. Online redemptionvia merchant website required tocomplete order;voucher not valid for redemption until 24 hours after purchase. Shipping included.Entire voucher value must be redeemed during a single transaction. No cash valueor cash back. Not valid on tax. Voucher cannot be combined or used in conjunctionwithany other offer, coupon or promotion. Merchant will abide by gift certificatestate laws.
Merchant's refund & shipping policy applies: http://bit.ly/1bwgAyL
The Merchant, not DealChicken, is solely responsible for this Deal. This Deal issubject to the Terms of Service and HOW DEALCHICKENWORKS.
Eggstra! Eggstra!
During the 1940s, American soldiers who traveled through Europe and Asia
picked up charms as souvenirs to take back as gifts to theirwives.
VALUE
$68DISCOUNT
76%SAVINGS
$52
$16
SEND THIS DEAL AS A GIFT
The Business
BellezaJewelry.com
http://bit.ly/1essZkk
Time is Limited!
BUFFALO Trave l Golf EverywhereGet Rewarded!Buyor Share Deals
Get deal emails!New here?
Sign in
Page 1 of 2On Trend: Alex and Ani inspired birthstone bracelet | DealChicken.com
8/28/2013http://www.dealchicken.com/national/29944?position=home:tile%20format
Case 3:13-cv-00526 Document 1-4 Filed 09/03/13 Page 2 of 7 PageID #: 38
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
39/55
VIEW DEAL $59.99
VIEW DEAL $98
everywhere
everywhere
View More Deals
3-in-1 chargingcable
$14
2-pack goldleavesstatement
necklaces
$12.95
ALL AUTO FOOD HEALTH & BEAUTY HOME PLAY SERVICES SHOP TRAVEL
SIGN UP AND STARTGETTING DEALS!
Calling All Shoppers...
FEATURE AND GROWYOUR BUSINESS
Calling All Merchants... Stay Connected!
2010-2013 DealChicken.com. All Rights Reserved. Users of this site agree to the Termsof ServiceandPrivacy Policy/ YourCaliforniaPrivacy Rights andAd Choices
Past Deals
Contact Us
FAQ
Sitemap
Terms of Service
Affiliates
Go to YourLocal Deals BUFFALO Trave l Golf Everywhere
Get Rewarded!Buyor Share Deals
DEALS BROUGHT TOYOU BY3-i
Get deal emails!New here?
Sign in
Page 2 of 2On Trend: Alex and Ani inspired birthstone bracelet | DealChicken.com
8/28/2013http://www.dealchicken.com/national/29944?position=home:tile%20format
Case 3:13-cv-00526 Document 1-4 Filed 09/03/13 Page 3 of 7 PageID #: 39
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
40/55
ViewDeal
Today's Deal
$30 $7Wayfarer-inspired sunglassesSalebreaker.com
VIEW DEAL $179
VIEW DEAL $29
VIEW DEAL $68
VIEW DEAL $40
VIEW DEAL $30
More Deals
everywhere
everywhere
everywhere
everywhere
everywhere
7 inch Androidtabletwith screenprotector
$89
iPhone Dockfor 4,4s and 5
$10
On Trend: AlexandAni inspiredbirthstonebracelet
$16
Universal carmount
$9
WaterproofiPhonebag
$10
It'sHatched!
869BOUGHT
Alex and Ani inspired charm bracelet +matching bangle$68 value for $16!
TELL YOUR PEEPS & GET REWARDS
The Deal
Freematching Swarovski single row bangle
Twometal coloroptions: silver or gold
Wear it alone or stacked with other bracelets
To view color and charm options, click here
Shipping included
Promotion ExpiresDecember 14, 2013
Snag oneof this season's hottest styles for less with today's deal. For $22, get a
trendy Alex and Ani-inspired Swarovski Energy Charm Bracelet, a $68 value and
a huge savings off of the designer price. The shining star of this stylish bracelet is
a large crystal charm made from Swarovski Elements; multiple colors areavailable, so you can customize your bracelet with your birthstone or simply
select your favorite color. This must-have accessory looksbeautiful all on its
own, or create a more dramaticlo ok by layering multiple bracelets.
The Details
$16 for an Alex and Ani inspired Swarovski energy charm bracelet + matching
bangle ($68 value)
Cash refunds up to 14 days after date of purchase. See Terms of Service forrefu nddetails. Limit 3 per customer. May buy 3 additional as gifts. Valid only for optionpurchased. Online redemptionvia merchant website required tocomplete order;voucher not valid for redemption until 24 hours after purchase. Shipping included.Entire voucher value must be redeemed during a single transaction. No cash valueor cash back. Not valid on tax. Voucher cannot be combined or used in conjunctionwithany other offer, coupon or promotion. Merchant will abide by gift certificatestate laws.
Merchant's refund & shipping policy applies: http://bit.ly/1bwgAyL
The Merchant, not DealChicken, is solely responsible for this Deal. This Deal issubject to the Terms of Service and HOW DEALCHICKENWORKS.
Eggstra! Eggstra!
During the 1940s, American soldiers who traveled through Europe and Asia
picked up charms as souvenirs to take back as gifts to theirwives.
VALUE
$68DISCOUNT
76%SAVINGS
$52
$16
SEND THIS DEAL AS A GIFT
The Business
BellezaJewelry.com
http://bit.ly/16p71jb
Time is Limited!
BUFFALO Trave l Golf EverywhereGet Rewarded!Buyor Share Deals
Get deal emails!New here?
Sign in
Page 1 of 2Alex and Ani inspired charm bracelet + matching bangle | DealChicken.com
8/28/2013http://www.dealchicken.com/national/30183?position=home:tile%20format
Case 3:13-cv-00526 Document 1-4 Filed 09/03/13 Page 4 of 7 PageID #: 40
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
41/55
VIEW DEAL $60
VIEW DEAL $59.99
everywhere
everywhere
View More Deals
Genie Bra (3-pack)
$17
3-in-1 chargingcable
$14
ALL AUTO FOOD HEALTH & BEAUTY HOME PLAY SERVICES SHOP TRAVEL
SIGN UP AND STARTGETTING DEALS!
Calling All Shoppers...
FEATURE AND GROWYOUR BUSINESS
Calling All Merchants... Stay Connected!
2010-2013 DealChicken.com. All Rights Reserved. Users of this site agree to the Termsof ServiceandPrivacy Policy/ YourCaliforniaPrivacy Rights andAd Choices
Past Deals
Contact Us
FAQ
Sitemap
Terms of Service
Affiliates
Go to YourLocal Deals BUFFALO Trave l Golf Everywhere
Get Rewarded!Buyor Share Deals
DEALS BROUGHT TOYOU BYea
Get deal emails!New here?
Sign in
Page 2 of 2Alex and Ani inspired charm bracelet + matching bangle | DealChicken.com
8/28/2013http://www.dealchicken.com/national/30183?position=home:tile%20format
Case 3:13-cv-00526 Document 1-4 Filed 09/03/13 Page 5 of 7 PageID #: 41
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
42/55
ViewDeal
Today's Deal
$30 $7Wayfarer-inspired sunglassesSalebreaker.com
VIEW DEAL $179
VIEW DEAL $29
VIEW DEAL $68
VIEW DEAL $40
VIEW DEAL $30
More Deals
everywhere
everywhere
everywhere
everywhere
everywhere
7 inch Androidtabletwith screenprotector
$89
iPhone Dockfor 4,4s and 5
$10
On Trend: AlexandAni inspiredbirthstonebracelet
$16
Universal carmount
$9
WaterproofiPhonebag
$10
It'sHatched!
895BOUGHT
Alex and Ani inspired triple-charmexpandable bracelet$68 value for $16!
TELL YOUR PEEPS & GET REWARDS
The Deal
$16 for a Alex and Ani (AA)-inspired triple-charm wire bracelet ($68 value)
Comes in Russian silver or Russian gold color
Wear it alone or stacked with other bracelets
Over 20 different options to choose from
To view color and charm options, click here
Shipping included
Promotion ExpiresDecember 1, 2013
DealChicken knows that the first step to leading a charmed life is to own a
charm bracelet, and today's deal makes that areality. For $16, get an Alex and
Ani (AA)-inspired triple-charm bracelet. The bracelet comes in Russian silver orRussian gold and features an expandable wire design. It contains a large metal
swan charm and two smaller heart and angel charms and plenty of room to add
more. Depending on the occasion, wear the fashionable piece of jewelry alone
or stackit with other bracelets.
The Details
$16 for an Alex and Ani inspired triple-charm expandable bracelet ($68 value)
Cash refunds up to 14 days after date of purchase. See Terms of Service forrefu nddetails. Limit 3 per customer. May buy 3 additional as gifts. Valid only for optionpurchased. Online redemptionvia merchant website required tocomplete order;voucher not valid for redemption until 24 hours after purchase. Shipping included.Entire voucher value must be redeemed during a single transaction. No cash valueor cash back. Not valid on tax. Voucher cannot be combined or used in conjunctionwithany other offer, coupon or promotion. Merchant will abide by gift certificatestate laws.
Merchant's refund & shipping policy applies: http://bit.ly/1bwgAyL
The Merchant, not DealChicken, is solely responsible for this Deal. This Deal issubject to the Terms of Service and HOW DEALCHICKENWORKS.
Eggstra! Eggstra!
Charms are traditionally thought toprovide luck or protection to the wearer.
They were first documented on the women of ancient Egypt around 3000 B.C.!
VALUE
$68DISCOUNT
76%SAVINGS
$52
$16
SEND THIS DEAL AS A GIFT
TIME REMAINING TO BUY
3 days 06:42:23
The Business
BellezaJewelry.com
http://bit.ly/17RTKNj
BUFFALO Trave l Golf EverywhereGet Rewarded!Buyor Share Deals
Get deal emails!New here?
Sign in
Page 1 of 2Alex and Ani inspired triple-charm expandable bracelet | DealChicken.com
8/28/2013http://www.dealchicken.com/national/29678?position=home:tile%20format
Case 3:13-cv-00526 Document 1-4 Filed 09/03/13 Page 6 of 7 PageID #: 42
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
43/55
VIEW DEAL $60
VIEW DEAL $59.99
everywhere
everywhere
View More Deals
Genie Bra (3-pack)
$17
3-in-1 chargingcable
$14
ALL AUTO FOOD HEALTH & BEAUTY HOME PLAY SERVICES SHOP TRAVEL
SIGN UP AND STARTGETTING DEALS!
Calling All Shoppers...
FEATURE AND GROWYOUR BUSINESS
Calling All Merchants... Stay Connected!
2010-2013 DealChicken.com. All Rights Reserved. Users of this site agree to the Termsof ServiceandPrivacy Policy/ YourCaliforniaPrivacy Rights andAd Choices
Past Deals
Contact Us
FAQ
Sitemap
Terms of Service
Affiliates
Go to YourLocal Deals BUFFALO Trave l Golf Everywhere
Get Rewarded!Buyor Share Deals
DEALS BROUGHT TOYOU BYea
Get deal emails!New here?
Sign in
Page 2 of 2Alex and Ani inspired triple-charm expandable bracelet | DealChicken.com
8/28/2013http://www.dealchicken.com/national/29678?position=home:tile%20format
Case 3:13-cv-00526 Document 1-4 Filed 09/03/13 Page 7 of 7 PageID #: 43
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
44/55
Exhibit E
Case 3:13-cv-00526 Document 1-5 Filed 09/03/13 Page 1 of 4 PageID #: 44
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
45/55
18
HRS
40
MIN
28
SEC
VALUE
$68
Belleza Jewelryview website
Inspired by the Alex and Ani bangle bracelet line
Includes birthstone and 2 charms - wings and a heart - and room to add as many charms asyou like
Choose from Russian Silver or Gold metal
Cut glass zircon birthstone charms come in a rainbow of colors: amber, clear, amethyst, darkamethyst, emerald, aqua, lemon, pink, sapphire, peridot, gold, blue and ruby
Alex and Ani-Inspired Birthstone Charm BraceletAvailable in Gold and Silver | 13 Stone Color Choices l Free Shipping
city
LOG IN SIGN UP
$16
Page 1 of 8Moolala Deals
8/29/2013http://www.moolala.com/deals/id/REJQC5D/
Case 3:13-cv-00526 Document 1-5 Filed 09/03/13 Page 2 of 4 PageID #: 45
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
46/55
Asdfs (Not You?) |How It Works|F.A.Q
Search For Deals In:Denver
EN
Live Deals
$OO )RRG'ULQNV %HDXW\:HOOQHVV 6SRUWV$FWLYLWLHV 7UDYHO*HWDZD\V 0RUH
7LFNHWV (GXFDWLRQ7UDLQLQJ $UWV(QWHUWDLQHPHQW &ORWKHV$FFHVVRWLHV /DERU6HUYLFHV
)RU3HWV 3URGXFWV (OHFWURQLFV 2WKHU
CouponsNEW
Deal BoxNEW
Inbox How it Works
My Coupons
My Newsletter
My interests Change my city Newsletter frequency Unsubscribe
My Alerts
Add / Edit a Reminder Unsubscribe
My Account
Change my information Change my email Change my password Notifications Unsubscribe
Support
F.A.Q How it Works Contact Us
Find a deal
Page 1 of 6Alex and Ani (AA)-inspired birthstone charm bracelet Daily Deals Coupons by DealSurf....
8/29/2013http://www.dealsurf.com/deal/r/5205254cdbea9398001747/denver/alex-and-ani-aa-inspire...
Case 3:13-cv-00526 Document 1-5 Filed 09/03/13 Page 3 of 4 PageID #: 46
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
47/55
$16Buy Now!
View deal at Deal Chicken
76%SAVINGS
$68PRICE
8 Days,07:57:40
15
Report an error
BellezaJewelry.com
Alex and Ani (AA)-inspired birthstone charm braceletby Deal Chicken
Description
Show off your superior sense of style with this Alex and Ani-inspired
charm bracelet. Available today for only $16, this super-trendy AA-
inspired design features a large cut-glass zircon charm on an expandable
wire bracelet. Choose your favorite color (or birthstone) from a rainbow
of zircon charms, and then further customize your piece with your
choice of metal - Russian Silver or Russian Gold. Two matching metal
charms complete the stylish look.
$OH[DQG$QL$$LQVSLUHGELUWKVWRQHFKDUPEUDFHOHW
value)
7ZR PHWDO FRORU RSWLRQV VLOYHU RU JROG
&KRRVH\RXUIDYRULWHFRORURUELUWKVWRQHIURPDUDLQERZRI
zircon charms
:HDULWDORQHRUVWDFNHGZLWKRWKHUEUDFHOHWV
6KLSSLQJLQFOXGHG
BellezaJewelry.com
http://bit.ly/1essZkk
Online Redemption Mclean, VA 22102
Terms & Conditions
Cash refunds up to 14 days after date of purchase. See Terms
of Service for refund details. Limit 3 per customer. May buy 3
additional as gifts. Valid only for option purchased. Online
redemption via merchant website required to complete order;
voucher not valid for redemption until 24 hours after
purchase. Shipping included. Entire voucher value must be
redeemed during a single transaction. No cash value or cash
back. Not valid on tax. Voucher cannot be combined or used
in conjunction with any other offer, coupon or promotion.
Merchant will abide by gift certificate state laws. Merchant's
refund & shipping policy applies: http://bit.ly/1bwgAyL
Page 2 of 6Alex and Ani (AA)-inspired birthstone charm bracelet Daily Deals Coupons by DealSurf....
8/29/2013http://www.dealsurf.com/deal/r/5205254cdbea9398001747/denver/alex-and-ani-aa-inspire...
Case 3:13-cv-00526 Document 1-5 Filed 09/03/13 Page 4 of 4 PageID #: 47
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
48/55
AO 120 (Rev. 08/10)
TO:Mail Stop 8
Director of the U.S. Patent and Trademark Office
P.O. Box 1450
Alexandria, VA 22313-1450
REPORT ON THE
FILING OR DETERMINATION OF AN
ACTION REGARDING A PATENT OR
TRADEMARK
In Compliance with 35 U.S.C. 290 and/or 15 U.S.C. 1116 you are hereby advised that a court action has been
filed in the U.S. District Court on the following
G Trademarks or G Patents. ( G the patent action involves 35 U.S.C. 292.):
DOCKET NO. DATE FILED U.S. DISTRICT COURT
PLAINTIFF DEFENDANT
PATENT OR
TRADEMARK NO.
DATE OF PATENT
OR TRADEMARKHOLDER OF PATENT OR TRADEMARK
1
2
3
4
5
In the aboveentitled case, the following patent(s)/ trademark(s) have been included:
DATE INCLUDED INCLUDED BY
G Amendment G Answer G Cross Bill G Other Pleading
PATENT OR
TRADEMARK NO.
DATE OF PATENT
OR TRADEMARK HOLDER OF PATENT OR TRADEMARK
1
2
3
4
5
In the aboveentitled case, the following decision has been rendered or judgement issued:
DECISION/JUDGEMENT
CLERK (BY) DEPUTY CLERK DATE
Copy 1Upon initiation of action, mail this copy to Director Copy 3Upon termination of action, mail this copy to Director
Copy 2Upon filing document adding patent(s), mail this copy to Director Copy 4Case file copy
- - --
- - --
Case 3:13-cv-00526 Document 1-6 Filed 09/03/13 Page 1 of 1 PageID #: 48
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
49/55
AO 120 (Rev. 08/10)
TO:Mail Stop 8
Director of the U.S. Patent and Trademark Office
P.O. Box 1450
Alexandria, VA 22313-1450
REPORT ON THE
FILING OR DETERMINATION OF AN
ACTION REGARDING A PATENT OR
TRADEMARK
In Compliance with 35 U.S.C. 290 and/or 15 U.S.C. 1116 you are hereby advised that a court action has been
filed in the U.S. District Court on the following
G Trademarks or G Patents. ( G the patent action involves 35 U.S.C. 292.):
DOCKET NO. DATE FILED U.S. DISTRICT COURT
PLAINTIFF DEFENDANT
PATENT OR
TRADEMARK NO.
DATE OF PATENT
OR TRADEMARKHOLDER OF PATENT OR TRADEMARK
1
2
3
4
5
In the aboveentitled case, the following patent(s)/ trademark(s) have been included:
DATE INCLUDED INCLUDED BY
G Amendment G Answer G Cross Bill G Other Pleading
PATENT OR
TRADEMARK NO.
DATE OF PATENT
OR TRADEMARK HOLDER OF PATENT OR TRADEMARK
1
2
3
4
5
In the aboveentitled case, the following decision has been rendered or judgement issued:
DECISION/JUDGEMENT
CLERK (BY) DEPUTY CLERK DATE
Copy 1Upon initiation of action, mail this copy to Director Copy 3Upon termination of action, mail this copy to Director
Copy 2Upon filing document adding patent(s), mail this copy to Director Copy 4Case file copy
- - --
- - --
Case 3:13-cv-00526 Document 1-7 Filed 09/03/13 Page 1 of 1 PageID #: 49
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
50/55
CIVIL COVER SHEET
(SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
. (a) PLAINTIFFS DEFENDANTS
(b)
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
(c) (Firm Name, Address, and Telephone Number) (If Known)
I. BASIS OF JURISDICTION(Placean Xin OneBox Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for (For Diversity Cases Only) and One Box for Defendant
PTF DEF PTF D
(U.S. Government Not a Party) or
and
(Indicate Citizenship of Parties in Item III)
V. NATURE OF SUIT (Place an X in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
PERSONAL INJURY PERSONAL INJURY
PROPERTY RIGHTS
LABOR SOCIAL SECURITY
PERSONAL PROPERTY
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS FEDERAL TAX SUITS
Habeas Corpus:
IMMIGRATION
Other:
V. ORIGIN (Place an X in One Box Only)
(specify)
VI. CAUSE OF ACTION
(Do not cite jurisdictional statutes unless diversity)
VII. REQUESTED IN
COMPLAINT:
CLASS ACTION DEMAND $
JURY DEMAND:
VIII. RELATED CASE(S)
IF ANY(See instructions):
FOR OFFICE USE ONLY
- -
y yy -
- -- -- - -
-
-
Case 3:13-cv-00526 Document 1-8 Filed 09/03/13 Page 1 of 2 PageID #: 50
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
51/55
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
I.(a) Plaintiffs-Defendants.
(b) County of Residence.
(c) Attorneys.
II. Jurisdiction.
. ; NOTE: federal question actions take precedence over diversity
cases.
III. Residence (citizenship) of Principal Parties.
IV. Nature of Suit.
V. Origin.
VI. Cause of Action. Do not cite jurisdiction
statutes unless diversity.
VII. Requested in Complaint.
VIII. Related Cases.
Date and Attorney Signature.
Case 3:13-cv-00526 Document 1-8 Filed 09/03/13 Page 2 of 2 PageID #: 51
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
52/55
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TENNESSEE
NORTHERN DIVISION
ALEX AND ANI, LLC, d/b/a
Alex and Ani,
Plaintiff ,
v.
DEBRA CIKOVIC, d/b/a
Belleza Jewelry,
Defendant.
)
))
)
)
)
)
)
)
)
)
Civ. Action No. __________
JUDGE___________
JURY TRIAL DEMANDED
CORPORATE DISCLOSURE STATEMENT
Pursuant to Federal Rule of Civil Procedure 7.1, Plaintiff, Alex and Ani, LLC, d/b/a Alex and
Ani, makes the following disclosures:
1. All parent corporations, if any, of the named party:Not Applicable.
2. All publicly held companies, if any, that own ten (10) percent or more of thenamed partys stock:
Not Applicable.
Dated: August 30, 2013
Respectfully submitted,
DICKINSON WRIGHT PLLC
s/ Autumn L. Gentry
Autumn L. Gentry (No. 20766)
Case 3:13-cv-00526 Document 1-9 Filed 09/03/13 Page 1 of 2 PageID #: 52
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
53/55
2
Fifth Third Center, Suite 1401
424 Church Street
Nashville, Tennessee 37219-2392
(615) 244-6538
Attorneys for PlaintiffAlex And Ani, LLC d/b/a Alex and Ani
22430900v.1
Case 3:13-cv-00526 Document 1-9 Filed 09/03/13 Page 2 of 2 PageID #: 53
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
54/55
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURTfor the
__________ District of __________
)
)))))))))))
Plaintiff(s)
v. Civil Action No.
Defendant(s)
SUMMONS INA CIVIL ACTION
To: (Defendants name and address)
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.You also must file your answer or motion with the court.
CLERK OF COURT
Date:Signature of Clerk or Deputy Clerk
Eastern District of Tennessee
- --
Case 3:13-cv-00526 Document 1-10 Filed 09/03/13 Page 1 of 2 PageID #: 54
-
7/29/2019 Alex and Ani LLC v. Cikovic - Compaint
55/55
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(Thi s section should n ot be fil ed with the cour t u nless requir ed by F ed. R. Civ. P. 4 (l ))
This summons for(name of individual and title, if any)
was received by me on (date) .
I personally served the summons on the individual at (place)
on (date) ; or
I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individuals last known address; or
I served the summons on (name of individual) , who is
designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
I returned the summons unexecuted because ; or
Other(specify):
.
My fees are $ for travel and $ for services, for a total of $ .
I declare under penalty of perjury that this information is true.
Date:Servers signature
Printed name and title
Servers address
Additional information regarding attempted service etc: