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John C. McGoogan,
Plaintiff,
CIVIL ACTION NO. ____________
v.
Defendant.
and files this Complaint for Damages and Injunctive Relief against Defendants
Decky Co., Inc., Decky Company, Decky Apparel Group, and Decky Brands
PARTIES
1
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5. This court has original jurisdiction over the subject matter of this
action pursuant to 28 U.S.C. 1331 and 1338(a) because this action concerns the
information and belief, it: (a) regularly conducts business and/or transacts
and/or solicits business within the State of Georgia; (b) has committed acts of
patent infringement in the State of Georgia causing injury within the State of
website; (d) advertises and markets infringing goods within this jurisdiction
through an interactive website; (e) derives substantial revenues from the sale of
goods in this jurisdiction; and/or (f) knows or expects its actions to have
2
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1391(b)
FACTUAL BACKGROUND
TOBOGGAN STYLE HAT, was duly and legally issued on February 5, 2013, and
9. The 403 Patent claims the ornamental design for the toboggan style
10. Plaintiff John C. McGoogan is the owner of the entire right, title, and
11. Upon information and belief, the Defendant has and continues to
infringe the 403 Patent by making, selling, and offering for sale toboggan style
hats in the United States that embody the invention claimed in the 403 Patent.
for sale under the name CCUGLOG BEANIES HYBRICAP 2 VISOR JEEP SKULL
3
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https://www.buddhablessu.com/cuglog-beanies-hybricap-2-visor-jeep-skull-
knit-ski-winter-caps-neon.html
the manufacture and sale of toboggan style hats that were thought to be
infringing the 403 Patent, which placed Defendants on actual notice of the 403
13. Upon information and belief, Defendant has known of the existence
of the 403 Patent since at least January 31, 2017, and since that time, Defendants
acts of infringement have been intentional and willful, and in disregard for the
403 Patent, without any reasonable basis for believing that it had a right to
14. On or about February 10, 2017, Plaintiff ordered a toboggan style hat
COUNT ONE
4
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16. Upon information and belief, Defendant has been and is directly
infringing the 403 Patent by using, selling, or offering for sale in the United
States, including within this judicial district, toboggan style hats, in violation of
35 U.S.C. 271(a).
403 Patent have caused and will continue to cause Plaintiff damages for which
403 Patent have caused and will continue to cause Plaintiff immediate and
irreparable harm unless such infringing activities are enjoined by this Court
20. Upon information and belief, this case is exceptional and, therefore,
of 35 U.S.C. 271(a);
5
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subsidiaries and assigns, and all of those in active concert and participation with
compensate Plaintiff for Defendants infringement of the 403 Patent, with pre-
6. Awarding such other and further relief as this Court deems just and
proper.
Plaintiff hereby demands a jury trial for all issues so triable as a matter of
right.
6
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Thomas L. Moses
Fed. ID 7049
SOUTHEAST IP GROUP, LLC
13-B West Washington Street
Greenville, South Carolina 29601
Telephone: (864) 509-1905
Facsimile: (864) 509-1907
E-mail: tmoses@seiplaw.com
(Application for Pro Hac Vice
Admission Pending)
7
Case 1:17-cv-01962-MHC Document 1 Filed 05/30/17 Page 8 of 8
John C. McGoogan,
Plaintiff,
CIVIL ACTION NO. ____________
v.
Defendants.
CERTIFICATE OF COMPLIANCE
that the foregoing COMPLAINT was prepared in accordance with L.R. 5.1, ND
8
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Exhibit 1 US00D675403S
(12) McGoogan
United States Design Patent do Patent No.: US D675,403 S
45) Date of Patent: ** Feb. 5, 2013 9
F|G. 1
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F|G. 3
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&
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&
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Exhibit 2
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Exhibit 3
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Exhibit 4
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JS44 (Rev. 1/13 NDGA) CIVIL COVER SHEET
The JS44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form is required for the use of the Clerk of Court for the purpose of initiating the civil docket record. (SEE INSTRUCTIONS ATTACHED)
(c) ATTORNEYS (FIRM NAME, ADDRESS, TELEPHONE NUMBER, AND ATTORNEYS (IF KNOWN)
E-MAIL ADDRESS)
1 U.S. GOVERNMENT
PLAINTIFF
3 FEDERAL QUESTION
(U.S. GOVERNMENT NOT A PARTY)
1 1 CITIZEN OF THIS STATE 4 4 INCORPORATED OR PRINCIPAL
PLACE OF BUSINESS IN THIS STATE
V. 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)
This action arises from the Defendants infringement of the Plaintiffs United States Patent.
2. Unusually large number of claims or defenses. 7. Pending parallel investigations or actions by government.
4. Greater than normal volume of evidence. 9. Need for discovery outside United States boundaries.
5. Extended discovery period is needed. 10. Existence of highly technical issues and proof.
CONTINUED ON REVERSE
FOR OFFICE USE ONLY
CIVIL CASES ARE DEEMED RELATED IF THE PENDING CASE INVOLVES: (CHECK APPROPRIATE BOX)
1. PROPERTY INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
2. SAME ISSUE OF FACT OR ARISES OUT OF THE SAME EVENT OR TRANSACTION INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
3. VALIDITY OR INFRINGEMENT OF THE SAME PATENT, COPYRIGHT OR TRADEMARK INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
4. APPEALS ARISING OUT OF THE SAME BANKRUPTCY CASE AND ANY CASE RELATED THERETO WHICH HAVE BEEN DECIDED BY THE SAME
BANKRUPTCY JUDGE.
5. REPETITIVE CASES FILED BY PRO SE LITIGANTS.
6. COMPANION OR RELATED CASE TO CASE(S) BEING SIMULTANEOUSLY FILED (INCLUDE ABBREVIATED STYLE OF OTHER CASE(S)):
7. EITHER SAME OR ALL OF THE PARTIES AND ISSUES IN THIS CASE WERE PREVIOUSLY INVOLVED IN CASE NO. , WHICH WAS
DISMISSED. This case IS IS NOT (check one box) SUBSTANTIALLY THE SAME CASE.