Jeffrey L.

Snow (JS 5396)

Cooper & Dunham LLP
30 Rockefeller Plaza
New York, New York 10112
Tel: (212) 278-0400
Fax: (212) 391-0525

Of Counsel:
Peter D. Murray
Robert T. Maldonado
Eric M. Eisenberg
Cooper & Dunham LLP
30 Rockefeller Plaza
New York, New York 10112
Tel: (212) 278-0400
Fax: (212) 391-0525

Attorneys for Plaintiff Telebrands Corp.

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

TELEBRANDS CORP.,

Plaintiff,

v.

MARTFIVE, LLC AND CHARLES M.
HENGEL,

Defendants.
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Civil Action No. __________

ECF Case

JURY TRIAL DEMANDED



COMPLAINT

Plaintiff, Telebrands Corp. (Telebrands), by its counsel, for its Complaint against
Defendants martFIVE, LLC (martFIVE) and Charles M. Hengel (Hengel) states as follows:


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INTRODUCTION
This is an action for a declaratory judgment regarding trademark, trade dress, copyright
and patent rights allegedly owned by Defendants which purport to cover Defendants Stuffies
product and Hurrycane product. In particular, Telebrands is seeking a declaratory judgment
that its POCKET PALS product and TRUSTY CANE product do not infringe any trademark,
trade dress, copyright or patent rights owned by Defendants. Telebrands is also seeking a
declaratory judgment that the claim of U.S. Design Patent No. D681,744 is invalid for failing to
comply with the requirements of 35 U.S.C. 101, 102, 103 and/or 112.

NATURE OF THE ACTION
1. Telebrands seeks a declaratory judgment that a declaratory judgment that its
POCKET PALS product and TRUSTY CANE product do not infringe any trademark, trade
dress, copyright or patent rights owned by Defendants.
2. Telebrands also seeks a declaratory judgment that the claim of U.S. Design Patent
No. D681,744 is invalid.
THE PARTIES
3. Telebrands is a New Jersey corporation with its headquarters located at 79 Two
Bridges Road, Fairfield, New Jersey 07004, in this Judicial District.
4. On information and belief, Defendant martFIVE, LLC is a limited liability
company organized and existing under the laws of the State of Minnesota, and having a place of
business at 110 Cheshire Lane, Suite 200, Minneapolis, Minnesota 55305. On information and
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belief, martFIVE conducts business throughout the United States, including in the State of New
Jersey.
5. On information and belief, Defendant Charles M. Hengel is an individual and a
principal of Defendant martFIVE, LLC, and resides at 3005 Maplewood Road, Wayzata, MN
55391-2642. On information and belief, Hengel conducts business throughout the United States,
including in the State of New Jersey, through martFIVE, and has actively and consciously
directed martFIVEs actions described herein.
6. On information and belief, each of Defendants martFIVE and Hengel was,
relative to the acts herein alleged, the agent of the other, and each was acting within the scope,
purpose, and authority of that agency and with the knowledge, permission and consent of the
other.
7. On information and belief, there has existed such a unity of interest between
martFIVE and Hengel that any individuality and separateness of martFIVE and Hengel has
ceased, such that each is the agent and alter-ego of the other in the acts hereinafter alleged.
8. On information and belief, Defendants actions and statements described in this
Complaint were made at each others direction and/or in concert or participation with each other.
9. On information and belief, Defendants actions and statements described in this
Complaint were made as agents of one another, and for each others benefit.

JURISDICTION AND VENUE
10. This Court has federal question jurisdiction because this action arises under the
Trademark Laws of the United States, 15 U.S.C. 1114 et seq., the Patent Laws of the United
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States, 35 U.S.C. 1 et seq., the Copyright Laws of the United States, 17 U.S.C. 501 et seq.,
and under the Federal Declaratory Judgment Act, 28 U.S.C. 2201 and 2202. The Court has
subject matter jurisdiction over this action pursuant to 28 U.S.C. 1331, 1338(a), 2201 and
2202.
11. Defendants are present in the State of New Jersey, and this Court has personal
jurisdiction over them, at a minimum, because they sell and/or offer to sell merchandise,
including the Stuffies product and Hurrycane product, to customers in New Jersey and/or
have licensed others to sell and/or offer to sell merchandise, including the Stuffies product and
Hurrycane product, to customers in New Jersey.
12. This Court also has personal jurisdiction over Defendants because on information
and belief, Defendants have sufficient contacts with this Judicial District and/or Defendants
regularly conduct business within this Judicial District. Upon information and belief, Defendants
directly and/or through their agents distribute, offer for sale or license, sell or license and/or
advertise their products and services within the State of New Jersey and this Judicial District,
and/or have purposefully availed themselves of the privileges and benefits of the laws of the
State of New Jersey.
13. In addition, Defendants have sent a cease and desist letter dated May 20, 2013 to
Telebrands in the State of New Jersey, and Hengel has made at least one telephone call to
Telebrands President, in the State of New Jersey, concerning the subject matter of this action.
These acts, singularly and together, have created a substantial controversy between the parties of
sufficient immediacy and reality to warrant declaratory relief.
14. Venue is proper in this Judicial District pursuant to 28 U.S.C. 1391(b) and (c).
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FACTS
15. Telebrands is a direct marketing company and is engaged in the business of
marketing and selling a wide variety of consumer products in this Judicial District and elsewhere
through direct response advertising, catalogue, mail order, and Internet sales, and through
national retail stores. Telebrands is a recognized leader in the direct response television
marketing industry.
16. For over twenty-five years, Telebrands has been a leading developer and marketer
of consumer products. Telebrands is widely known through the retail industry for the manner in
which it effectively drives retail sells through its nationwide advertising programs. For many
years, Telebrands has cultivated relationships with a wide variety of wholesalers, marketers,
distributors, sellers, and retailers including, for example, large retail chain stores, catalogues, and
Internet sales websites.
17. One product that Telebrands is currently test-marketing nationwide through direct
response advertising is a plush toy marketed under the trademark POCKET PALS. Telebrands
plans to sell the POCKET PALS product through direct response marketing, national retail
outlets and mail-order and catalogue sales.
18. Another product that Telebrands is currently test-marketing nationwide through
direct response advertising is a collapsible cane marketed under the trademark TRUSTY CANE.
Telebrands plans to sell the TRUSTY CANE product through direct response marketing,
national retail outlets and mail-order and catalogue sales.
19. United States Design Patent No. D681,744, entitled Plush Toy, issued May 7,
2013 (the D744 patent). A copy of the D744 patent is attached as Exhibit A.
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20. Hengel is the first named inventor of the D744 patent.
21. On information and belief, martFIVE is the assignee of all right, title and interest
in the D744 patent.
22. Defendants market and sell a plush toy under the trademark Stuffies.
23. Defendants market and sell a collapsible cane under the trademark Hurrycane.
24. On information and belief, martFIVE is the owner of U.S. Trademark Registration
No. 4,286,271 for the mark STUFFIES, which was registered on the Principal Register of the
U.S. Patent and Trademark Office on February 5, 2013. A copy of this registration certificate is
attached as Exhibit B.
25. On information and belief, martFIVE is the owner of U.S. Trademark Registration
No. 4,286,272 for the mark ITS WHATS INSIDE THAT COUNTS!, which was registered on
the Principal Register of the U.S. Patent and Trademark Office on February 5, 2013. A copy of
this registration certificate is attached as Exhibit C.
26. On information and belief, martFIVE is the owner of U.S. Trademark Registration
No. 4,243,464 for the mark HURRYCANE, which was registered on the Principal Register of
the U.S. Patent and Trademark Office on November 13, 2012. A copy of this registration
certificate is attached as Exhibit D.
27. On information and belief, martFIVE is the owner of U.S. Trademark Registration
No. 4,286,043 for the mark THEHURRYCANE.COM, which was registered on the Principal
Register of the U.S. Patent and Trademark Office on February 5, 2013. A copy of this
registration certificate is attached as Exhibit E.
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28. On information and belief, martFIVE is the owner of U.S. Trademark Registration
No. 4,191,792 for the mark HURRYCANE THE ALL-TERRAIN CANE & Design, which was
registered on the Principal Register of the U.S. Patent and Trademark Office on August 14, 2012.
A copy of this registration certificate is attached as Exhibit F.
29. On information and belief, Defendants own U.S. Copyright Registrations which,
according to Defendants, cover several variations of its Stuffies line of products and its
Stuffies advertising campaigns, including its video commercials, broadcast on television and
internet outlets, as well as its webpage content (hereafter Stuffies Copyrights).
30. On information and belief, Defendants own U.S. Copyright Registrations which,
according to Defendants, cover its HURRYCANE advertising campaigns, including video
commercials and website content (hereafter Hurrycane Copyrights).
31. On information and belief, Defendants claim to own trade dress rights in their
Stuffies product and/or Hurrycane product and/or marketing campaigns relating to such
products.
32. On or about May 20, 2013, Defendants attorneys sent a cease and desist letter, in
which Defendants alleged that Telebrands products and marketing campaigns promoting them
are infringements of our clients copyright, trademark, trade dress and patent protected
products. Attached as Exhibit G is a copy of the cease and desist letter (without exhibits).
33. There is a substantial controversy between Telebrands and Defendants.
34. The controversy is sufficiently immediate and real, and Defendants have
threatened to commence immediate legal action against Telebrands, if Telebrands does not
comply with Defendants cease and desist demands.
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35. Telebrands and Defendants have adverse legal interests.
36. As a result, there is a justiciable controversy warranting declaratory relief.

COUNT ONE
(Declaratory Judgment of Invalidity of U.S. Patent No. D681,744)

37. Telebrands repeats and realleges all of the factual allegations made above and
incorporates them herein by reference.
38. The claims of U.S. Patent No. D681,744 are invalid for failing to comply with the
requirements of 35 U.S.C. 101, 102, 103 and/or 112.
39. Telebrands has no adequate remedy at law.
40. Because of Defendants statement that Telebrands allegedly has infringed the
D744 patent, there is an actual and justiciable controversy between Telebrands and Defendants
regarding the D744 patent.

COUNT TWO
(Declaratory Judgment of Noninfringement of U.S. Patent No. D681,744)

41. Telebrands repeats and realleges all of the factual allegations made above and
incorporates them herein by reference.
42. This cause of action arises under 35 U.S.C. 271 et seq.
43. Telebrands has not infringed, and is not infringing, any valid claim of U.S. Patent
No. D681,744.
44. Telebrands has not induced, and is not inducing, infringement of any valid claim
of the D744 patent.
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45. Telebrands has not contributorily infringed, and is not contributorily infringing,
any valid claim of the D744 patent.
46. Telebrands has no adequate remedy at law.
47. Because of Defendants statement that Telebrands allegedly has infringed the
D744 patent, there is an actual and justiciable controversy between Telebrands and Defendants
regarding the D744 patent.

COUNT THREE
(Declaratory Judgment of Noninfringement of U.S. Trademark Registration No. 4,286,271)

48. Telebrands repeats and realleges all of the factual allegations made above and
incorporates them herein by reference.
49. This cause of action arises under 15 U.S.C. 1114 et seq.
50. Telebrands has not infringed, and is not infringing, U.S. Trademark Registration
No. 4,286,271.
51. Telebrands has no adequate remedy at law.
52. Because of Defendants statement that Telebrands allegedly has infringed
Defendants trademarks, there is an actual and justiciable controversy between Telebrands and
Defendants as to whether Telebrands is infringing the 271 Trademark Registration.

COUNT FOUR
(Declaratory Judgment of Noninfringement of U.S. Trademark Registration No. 4,286,272)

53. Telebrands repeats and realleges all of the factual allegations made above and
incorporates them herein by reference.
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54. This cause of action arises under 15 U.S.C. 1114 et seq.
55. Telebrands has not infringed, and is not infringing, U.S. Trademark Registration
No. 4,286,272.
56. Telebrands has no adequate remedy at law.
57. Because of Defendants statement that Telebrands allegedly has infringed
Defendants trademarks, there is an actual and justiciable controversy between Telebrands and
Defendants as to whether Telebrands is infringing the 272 Trademark Registration.

COUNT FIVE
(Declaratory Judgment of Noninfringement of U.S. Trademark Registration No. 4,243,464)

58. Telebrands repeats and realleges all of the factual allegations made above and
incorporates them herein by reference.
59. This cause of action arises under 15 U.S.C. 1114 et seq.
60. Telebrands has not infringed, and is not infringing, U.S. Trademark Registration
No. 4,243,464.
61. Telebrands has no adequate remedy at law.
62. Because of Defendants statement that Telebrands allegedly has infringed
Defendants trademarks, there is an actual and justiciable controversy between Telebrands and
Defendants as to whether Telebrands is infringing the 464 Trademark Registration.



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COUNT SIX
(Declaratory Judgment of Noninfringement of U.S. Trademark Registration No. 4,286,043)

63. Telebrands repeats and realleges all of the factual allegations made above and
incorporates them herein by reference.
64. This cause of action arises under 15 U.S.C. 1114 et seq.
65. Telebrands has not infringed, and is not infringing, U.S. Trademark Registration
No. 4,286,043.
66. Telebrands has no adequate remedy at law.
67. Because of Defendants statement that Telebrands allegedly has infringed
Defendants trademarks, there is an actual and justiciable controversy between Telebrands and
Defendants as to whether Telebrands is infringing the 043 Trademark Registration.

COUNT SEVEN
(Declaratory Judgment of Noninfringement of U.S. Trademark Registration No. 4,191,792)

68. Telebrands repeats and realleges all of the factual allegations made above and
incorporates them herein by reference.
69. This cause of action arises under 15 U.S.C. 1114 et seq.
70. Telebrands has not infringed, and is not infringing, U.S. Trademark Registration
No. 4,191,792.
71. Telebrands has no adequate remedy at law.
72. Because of Defendants statement that Telebrands allegedly has infringed
Defendants trademarks, there is an actual and justiciable controversy between Telebrands and
Defendants as to whether Telebrands is infringing the 792 Trademark Registration.
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COUNT EIGHT
(Declaratory Judgment of Noninfringement of U.S. Copyright Registrations for Stuffies)

73. Telebrands repeats and realleges all of the factual allegations made above and
incorporates them herein by reference.
74. This cause of action arises under 17 U.S.C. 501 et seq.
75. Telebrands has not infringed, and is not infringing, any U.S. Copyright
Registration owned by Defendants which relates to the Stuffies product or to the marketing
campaign for that product.
76. Telebrands has no adequate remedy at law.
77. Because of Defendants statement that Telebrands allegedly has infringed
Defendants copyrights, there is an actual and justiciable controversy between Telebrands and
Defendants as to whether Telebrands is infringing the Stuffies Copyrights.

COUNT NINE
(Declaratory Judgment of Noninfringement of U.S. Copyright Registrations for
Hurrycane)

78. Telebrands repeats and realleges all of the factual allegations made above and
incorporates them herein by reference.
79. This cause of action arises under 17 U.S.C. 501 et seq.
80. Telebrands has not infringed, and is not infringing, any U.S. Copyright
Registration owned by Defendants which relates to the Hurrycane product or to the marketing
campaign for that product.
81. Telebrands has no adequate remedy at law.
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82. Because of Defendants statement that Telebrands allegedly has infringed
Defendants copyrights, there is an actual and justiciable controversy between Telebrands and
Defendants as to whether Telebrands is infringing the Hurrycane Copyrights.

COUNT TEN
(Declaratory Judgment of Invalidity and Noninfringement of Stuffies Trade Dress)

83. Telebrands repeats and realleges all of the factual allegations made above and
incorporates them herein by reference.
84. This cause of action arises under 15 U.S.C. 1125 et seq.
85. Defendants do not own any valid trade dress rights in the Stuffies product or the
marketing campaign for such product.
86. Any alleged trade dress in the Stuffies product or the marketing campaign for
such product is functional.
87. Telebrands has not infringed, and is not infringing, any trade dress rights owned
by Defendants which relate to the Stuffies product or to the marketing campaign for that
product.
88. There is no likelihood of confusion between Defendants Stuffies product and
Telebrands POCKET PALS product, or between the marketing campaigns for such products.
89. Telebrands has no adequate remedy at law.
90. Because of Defendants statement that Telebrands allegedly has infringed
Defendants trade dress rights, there is an actual and justiciable controversy between Telebrands
and Defendants as to whether Telebrands is infringing any trade dress rights in the Stuffies
product or marketing campaign.
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COUNT ELEVEN
(Declaratory Judgment of Invalidity and Noninfringement of Hurrycane Trade Dress)

91. Telebrands repeats and realleges all of the factual allegations made above and
incorporates them herein by reference.
92. This cause of action arises under 15 U.S.C. 1125 et seq.
93. Defendants do not own any valid trade dress rights in the Hurrycane product or
the marketing campaign for such product.
94. Any alleged trade dress in the Hurrycane product or the marketing campaign for
such product is functional.
95. Telebrands has not infringed, and is not infringing, any trade dress rights owned
by Defendants which relate to the Hurrycane product or to the marketing campaign for that
product.
96. There is no likelihood of confusion between Defendants Hurrycane product
and Telebrands TRUSTY CANE product, or between the marketing campaigns for such
products.
97. Telebrands has no adequate remedy at law.
98. Because of Defendants statement that Telebrands allegedly has infringed
Defendants trade dress rights, there is an actual and justiciable controversy between Telebrands
and Defendants as to whether Telebrands is infringing any trade dress rights in the Hurrycane
product or marketing campaign.

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PRAYER FOR RELIEF

WHEREFORE, Telebrands respectfully requests the following relief:
(a) For a declaration that the D744 patent is invalid;
(b) For a declaration that Telebrands does not infringe any valid claim of the D744
patent;
(c) For a declaration that Telebrands does not infringe U.S. Trademark Registration
Nos. 4,286,271; 4,286,272; 4,286,043; 4,243,464; or 4,191,792;
(d) For a declaration that Defendants own no valid trade dress in the Stuffies
product or marketing campaign;
(e) For a declaration that Telebrands has not infringed any valid trade dress in the
Stuffies product or marketing campaign;
(f) For a declaration that Defendants own no valid trade dress in the Hurrycane
product or marketing campaign;
(g) For a declaration that Telebrands has not infringes any valid trade dress in the
Hurrycane product or marketing campaign;
(h) For a declaration that this is an exceptional case and for an award of its attorneys
fees and costs, pursuant to 35 U.S.C. 285, 15 U.S.C. 1117(a), 17 U.S.C. 505, or any other
applicable statute or law; and
(i) For an award of such other and further relief as the Court deems just and proper.

DEMAND FOR JURY TRIAL
Telebrands demands a trial by jury on all issues so triable.
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Dated: May 29, 2013



Respectfully submitted,

By: s/ Jeffrey L. Snow
Jeffrey L. Snow (JS 5396)
Cooper & Dunham LLP
30 Rockefeller Plaza
New York, New York 10112
Tel: (212) 278-0400
Fax: (212) 391-0525
[email protected]

Of Counsel:

Peter D. Murray
Robert T. Maldonado
Eric M. Eisenberg
Cooper & Dunham LLP
30 Rockefeller Plaza
New York, New York 10112
Tel: (212) 278-0400
Fax: (212) 391-0525
[email protected]
[email protected]

Attorneys for Plaintiff Telebrands Corp.

4846-5302-3508, v. 3
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EXHIBIT A
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EXHIBIT B
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EXHIBIT C
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EXHIBIT D
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EXHIBIT E
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EXHIBIT F

HELLMUTH & JOHNSON PLLC
ATTORNEYS AT LAW
Telebrands Corporation
Attn: Ajit Khubani & legal department
79 Two Bridges Road
Fairfield, NJ 07004
May 20,2013
Re: martFIVE, LLC v. Telebrands Corporation
Our File No.: 21063.0001
Dear Mr. Khubani & Whom It May Concern:
WRITER'S DIRECT DIAL No.: (952) 7462138
EMAIL: [email protected]
VIA EMAIL & UPS NEXT DAY AIR
Be advised that this law firm represents martFIVE, LLC ("martFIVE"), the owner of all rights, title
and interests in and to two distinct product lines protected by federal laws, known as "Stuffies"
and the "HURRYCANE". Please direct all further correspondence related to these products and
their associated legal matters to the undersigned.
We expect that you are aware the Stuffies line enjoys federal trademark protection, as martFIVE
has successfully registered that mark with the United States Patent & Trademark Office, as
registration # 4,286,271, along with the mark "It's what's inside that counts!" as registration #
4,286,272. Stuffies also benefits from design patent # D681,744 protecting its interests under
federal patent laws. Further, martFIVE has registered its copyrights with the United States
Copyright Office for several variations of its Stuffies line of products. Finally, martFIVE also has
registered its copyrights for the Stuffies advertising campaigns, including its video commercials,
broadcast on television and internet outlets, as well as its webpage content. Attached for your
reference as Exhibits A & B, please find copies of martFIVE's Certificate of Trademark
Registration for the Stuffies product line, indicated above.
martFIVE is also the owner of all right, title and interest in and to a patented product known as the
"HURRYCANE" The HURRYCANE also enjoys federal trademark protection, with three (3)
United States Patent & Trademark Office registrations: # 4,243,464 for the mark HURRYCANE;
# 4,286,043 for the mark "TheHurryCane.com"; and# 4,191,792 for the mark "HURRYCANE The
all-terrain cane.", including its stylized design. martFIVE has also registered its copyrights related
to the HURRYCANE advertising campaigns, including video commercials and website content
with the United States Copyright Office. Attached as Exhibits C, D & E, you will find copies of
martFIVE's Certificates of Trademark Registration, related to its HurryCane product line.
It has come to our client's attention that you have been involved in the manufacture, importation,
advertising, marketing, selling and/or offering for sale products that are substantially similar to our
8050 West 78th Street, Edina, MN 55439 T 952-941-4005 F 952-941-2337 www.hjlawfirm.com
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EXHIBIT G
Telebrands Corporation
May 20,2013
Page2
client's copyright, trademark and patent protected Stuffies products, as well as its trademark and
patent protected HurryCane. We understand you have been doing so through the use of
substantially similar product designs to martFIVE's pre-existing products. It is thus our opinion
that your products and marketing campaigns promoting them are infringements of our client's
copyright, trademark, trade dress and patent protected products, in unauthorized violation of its
rights under various federal and state laws.
It is also our opinion that the manner in which you are marketing and advertising your products is
infringing upon martFIVE's copyright-protected advertising spots and website content. They
appear to be substantially similar and derivative in content, delivery and "look and feel"; likely to
create consumer confusion and unfairly trade upon the original creative elements of martFIVE's
advertising. Therefore we opine that your ads are separate and distinct infringements of
martFIVE's copyrights, at a minimum. These activities also seem comparable to your prior acts
which previously led to significant, and repeated, sanctions against you from the Federal Trade
Commission.
Our client will be substantially and irreparably damaged should your acts and infringements
continue. We therefore demand that you immediately cease and desist from the ongoing
production, importation, advertising, marketing, sale and offering for sale of these infringing
products. You must also cease and desist from your use of any and all misleading or infringing
advertising and marketing materials. This includes, but is not limited to your promotion of these
infringing products on websites controlled by you at http://www.trustycane.com,
https://www.pocketpals.com and https://www.buypocketpets.com.
In order to mitigate further damage to our client, the following actions on your part are required:
immediate discontinuance of the advertising or marketing for sale of any product with
advertising which derives from or is substantially similar to martFIVE's ads and/or
misleading to consumers, as those terms are recognized by the FTC and in federal copyright
and trademark laws;
immediate discontinuance of the production, importation, distribution and/or sale of
infringing products;
turning over to our client's representative of all infringing products, patterns, molds or other
production apparatus in your possession;
an accounting of all sales made to date of the infringing products;
a payment of damages for all lost sales and profits or, in the alternative, statutory damages in
an amount currently and conservatively estimated at $75,000; and
payment ofmartFive's attorneys' fees up to this point in time.
Unless we receive your written reply and confirmation that you will abide by these reasonable
requests by May 29, 2013, we will presume that you do not intend to voluntarily take the necessary
actions outlined above. We will then have no alternative but to commence immediate legal action
against your company, and perhaps other partners or executives, who are involved or associated
with Telebrands Corporation, related to these unauthorized and damaging acts. If that occurs, we
Case 2:13-cv-03374-JLL-MAH Document 1-7 Filed 05/29/13 Page 2 of 3 PageID: 32
Telebrands Corporation
May 20,2013
Page 3
will seek all available legal remedies under the Copyright Act, the Lanham Act, and relevant state
statutes including, but not limited to, an injunction against further marketing and sale of the
infringing products and substantial monetary damages for each act of infringement.
We await your prompt response.
RMS/gmh
Enclosures
cc: Client
Case 2:13-cv-03374-JLL-MAH Document 1-7 Filed 05/29/13 Page 3 of 3 PageID: 33
JS 44 (Rev. 12/12)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the inIormation contained herein neither replace nor supplement the Iiling and service oI pleadings or other papers as required by law, except as
provided by local rules oI court. This Iorm, approved by the Judicial ConIerence oI the United States in September 1974, is required Ior the use oI the Clerk oI Court Ior the
purpose oI initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
(b) County oI Residence oI First Listed PlaintiII County oI Residence oI First Listed DeIendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Aaaress, Email ana Telephone Number) Attorneys (If Known)
II. BASIS OF JURISDICTION (Place an 'X` in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an 'X` in One Box for Plaintiff
(For Diversity Cases Only) ana One Box for Defenaant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
PlaintiII (U.S. Government Not a Party) Citizen oI This State u 1 u 1 Incorporated or Principal Place u 4 u 4
oI Business In This State
u 2 U.S. Government u 4 Diversity Citizen oI Another State u 2 u 2 Incorporated ana Principal Place u 5 u 5
DeIendant (Inaicate Citi:enship of Parties in Item III) oI Business In Another State
Citizen or Subject oI a u 3 u 3 Foreign Nation u 6 u 6
Foreign Country
IV. NATURE OF SUIT (Place an 'X` in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - oI Property 21 USC 881 u 423 Withdrawal u 400 State Reapportionment
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 u 410 Antitrust
u 140 Negotiable Instrument Liability u 367 Health Care/ u 430 Banks and Banking
u 150 Recovery oI Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 450 Commerce
& EnIorcement oI Judgment Slander Personal Injury u 820 Copyrights u 460 Deportation
u 151 Medicare Act u 330 Federal Employers` Product Liability u 830 Patent u 470 Racketeer InIluenced and
u 152 Recovery oI DeIaulted Liability u 368 Asbestos Personal u 840 Trademark Corrupt Organizations
Student Loans u 340 Marine Injury Product u 480 Consumer Credit
(Excludes Veterans) u 345 Marine Product Liability LABOR SOCIAL SECURITY u 490 Cable/Sat TV
u 153 Recovery oI Overpayment Liability PERSONAL PROPERTY u 710 Fair Labor Standards u 861 HIA (1395II) u 850 Securities/Commodities/
oI Veteran`s BeneIits u 350 Motor Vehicle u 370 Other Fraud Act u 862 Black Lung (923) Exchange
u 160 Stockholders` Suits u 355 Motor Vehicle u 371 Truth in Lending u 720 Labor/Management u 863 DIWC/DIWW (405(g)) u 890 Other Statutory Actions
u 190 Other Contract Product Liability u 380 Other Personal Relations u 864 SSID Title XVI u 891 Agricultural Acts
u 195 Contract Product Liability u 360 Other Personal Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) u 893 Environmental Matters
u 196 Franchise Injury u 385 Property Damage u 751 Family and Medical u 895 Freedom oI InIormation
u 362 Personal Injury - Product Liability Leave Act Act
Medical Malpractice u 790 Other Labor Litigation u 896 Arbitration
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 791 Employee Retirement FEDERAL TAX SUITS u 899 Administrative Procedure
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: Income Security Act u 870 Taxes (U.S. PlaintiII Act/Review or Appeal oI
u 220 Foreclosure u 441 Voting u 463 Alien Detainee or DeIendant) Agency Decision
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRSThird Party u 950 Constitutionality oI
u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 State Statutes
u 245 Tort Product Liability Accommodations u 530 General
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION
Employment Other: u 462 Naturalization Application
u 446 Amer. w/Disabilities - u 540 Mandamus & Other u 465 Other Immigration
Other u 550 Civil Rights Actions
u 448 Education u 555 Prison Condition
u 560 Civil Detainee -
Conditions oI
ConIinement
V. ORIGIN (Place an 'X` in One Box Only)
u 1 Original
Proceeding
u 2 Removed Irom
State Court
u 3 Remanded Irom
Appellate Court
u 4 Reinstated or
Reopened
u 5 TransIerred Irom
Another District
(specify)
u 6 Multidistrict
Litigation
VI. CAUSE OF ACTION
Cite the U.S. Civil Statute under which you are Iiling (Do not cite jurisdictional statutes unless diversity):

BrieI description oI cause:
VII. REQUESTED IN
COMPLAINT:
u CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
DEMAND $ CHECK YES only iI demanded in complaint:
JURY DEMAND: u Yes u No
VIII. RELATED CASE(S)
IF ANY
(See instructions).
JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
TELEBRANDS CORP.
Essex
Jeffrey L. Snow (JS 5396), Cooper & Dunham LLP, 30 Rockefeller
Plaza, New York, New York 10112, (212) 278-0400
[email protected]
MARTFIVE, LLC and CHARLES M. HENGEL
35 U.S.C. 1 et seq., 15 U.S.C. 1114 et seq., and 17 U.S.C. 501 et seq.
Declaratory judgment of non-infringement and invalidity of U.S. design patent, registered trademarks & copyrights
05/29/2013 s/ Jeffrey L. Snow
Case 2:13-cv-03374-JLL-MAH Document 1-8 Filed 05/29/13 Page 1 of 2 PageID: 34
JS 44 Reverse (Rev. 12/12)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the inIormation contained herein neither replaces nor supplements the Iilings and service oI pleading or other papers as
required by law, except as provided by local rules oI court. This Iorm, approved by the Judicial ConIerence oI the United States in September 1974, is
required Ior the use oI the Clerk oI Court Ior the purpose oI initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk oI
Court Ior each civil complaint Iiled. The attorney Iiling a case should complete the Iorm as Iollows:
I.(a) Plaintiffs-Defendants. Enter names (last, Iirst, middle initial) oI plaintiII and deIendant. II the plaintiII or deIendant is a government agency, use
only the Iull name or standard abbreviations. II the plaintiII or deIendant is an oIIicial within a government agency, identiIy Iirst the agency and
then the oIIicial, giving both name and title.
(b) County of Residence. For each civil case Iiled, except U.S. plaintiII cases, enter the name oI the county where the Iirst listed plaintiII resides at the
time oI Iiling. In U.S. plaintiII cases, enter the name oI the county in which the Iirst listed deIendant resides at the time oI Iiling. (NOTE: In land
condemnation cases, the county oI residence oI the "deIendant" is the location oI the tract oI land involved.)
(c) Attorneys. Enter the Iirm name, address, telephone number, and attorney oI record. II there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis oI jurisdiction is set Iorth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one oI the boxes. II there is more than one basis oI jurisdiction, precedence is given in the order shown below.
United States plaintiII. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and oIIicers oI the United States are included here.
United States deIendant. (2) When the plaintiII is suing the United States, its oIIicers or agencies, place an "X" in this box.
Federal question. (3) This reIers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution oI the United States, an amendment
to the Constitution, an act oI Congress or a treaty oI the United States. In cases where the U.S. is a party, the U.S. plaintiII or deIendant code takes
precedence, and box 1 or 2 should be marked.
Diversity oI citizenship. (4) This reIers to suits under 28 U.S.C. 1332, where parties are citizens oI diIIerent states. When Box 4 is checked, the
citizenship oI the diIIerent parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section oI the JS 44 is to be completed iI diversity oI citizenship was indicated above. Mark this
section Ior each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. II the nature oI suit cannot be determined, be sure the cause oI action, in Section VI below, is
suIIicient to enable the deputy clerk or the statistical clerk(s) in the Administrative OIIice to determine the nature oI suit. II the cause Iits more than
one nature oI suit, select the most deIinitive.
V. Origin. Place an "X" in one oI the six boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed Irom State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition Ior removal is granted, check this box.
Remanded Irom Appellate Court. (3) Check this box Ior cases remanded to the district court Ior Iurther action. Use the date oI remand as the Iiling
date.
Reinstated or Reopened. (4) Check this box Ior cases reinstated or reopened in the district court. Use the reopening date as the Iiling date.
TransIerred Irom Another District. (5) For cases transIerred under Title 28 U.S.C. Section 1404(a). Do not use this Ior within district transIers or
multidistrict litigation transIers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transIerred into the district under authority oI Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.
VI. Cause of Action. Report the civil statute directly related to the cause oI action and give a brieI description oI the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 BrieI Description: Unauthorized reception oI cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box iI you are Iiling a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section oI the JS 44 is used to reIerence related pending cases, iI any. II there are related pending cases, insert the docket
numbers and the corresponding judge names Ior such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
Case 2:13-cv-03374-JLL-MAH Document 1-8 Filed 05/29/13 Page 2 of 2 PageID: 35
AO 440 (Rev. 12/09) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
__________ District of __________
)
)
)
)
)
)
)
Plaintiff
v. Civil Action No.
Defendant
SUMMONS IN A 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 of
the 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
District of New Jersey
TELEBRANDS CORP.
MARTFIVE, LLC and CHARLES M. HENGEL
Charles M. Hengel
3005 Maplewood Road
Wayzata, Minnesota 55391-2642
Robert T. Maldonado
Jeffrey L. Snow
Cooper & Dunham LLP
30 Rockefeller Plaza
New York, NY 10112
Case 2:13-cv-03374-JLL-MAH Document 1-9 Filed 05/29/13 Page 1 of 2 PageID: 36
AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date) .
u I personally served the summons on the individual at (place)
on (date) ; or
u 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
u 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
u I returned the summons unexecuted because ; or
u 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:
0.00
Case 2:13-cv-03374-JLL-MAH Document 1-9 Filed 05/29/13 Page 2 of 2 PageID: 37