Squatty Potty v. Tiger Medical - Complaint

Case 2:16-cv-00649-JLL-JAD Document 1 Filed 02/05/16 Page 1 of 18 PageID: 1
WEITZMAN LAW OFFICES, LLC

Kenneth S. Weitzman
425 Eagle Rock Avenue, Suite 102
Roseland, New Jersey 07068
Tel.: (973) 403-9940
Fax: (973)-403-9944
Attorneys for Plaintiff Squatty Potty, LLC
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
SQUATTY POTTY, LLC,
DOCUMENT FILED ELECTRONICALLY
Plaintiff,
v.
Civil Action No. _______________
TIGER MEDICAL INC., a New Jersey

Corporation, TIGER SUPPLIES INC., a
New Jersey Corporation, DOES I-X, and
ROES I-X
COMPLAINT AND DEMAND

FOR JURY TRIAL
Defendants.
Plaintiff, Squatty Potty, LLC, by and through its counsel, Weitzman Law Offices, LLC,
hereby brings this Complaint against the Defendants, Tiger Medical Inc., Tiger Supplies Inc.,
DOES I-X, and ROES I-X, and alleges as follows:
THE PARTIES
1.
Plaintiff, Squatty Potty, LLC, is an active Utah Limited Liability Company with
its principal place of business at 1664 S. Dixie Dr., Ste. F-102, Saint George, Utah 84770.
2.
Defendant Tiger Medical Inc. (hereafter Tiger Medical) is a New Jersey
Corporation with its principal place of business at 27 Selvage Street, Irvington, New Jersey
07111.
Page 1 of 18
3.
Defendant Tiger Supplies Inc. (hereafter Tiger Supplies) is also a New Jersey
Corporation with its principal place of business at the same address as Tiger Medical (i.e., 27
Selvage Street, Irvington, New Jersey 07111).
4.
DOES I-X are individuals, who are yet to be discovered whose rights and interests
may be affected herein or who may be liable for the damages set forth herein. Plaintiff reserves
the right to amend its Complaint to name DOES I-X as they are discovered.
5.
ROES I-X are legal entities (corporations, limited liability companies, trusts, etc.),
who are yet to be discovered and whose rights and interests may be affected herein or who may
be liable for the damages set forth herein. Plaintiff reserves the right to amend its Complaint to
name ROES I-X as they are discovered.
JURISDICTION AND VENUE
6.
Squatty Potty, LLC (Plaintiff) files this action against Defendant Tiger Medical
and Defendant Tiger Supplies (collectively Defendants) for design patent infringement under
the patent laws of the United States; for trademark infringement under the trademark laws of the
United States; for trade dress infringement under federal law and under the laws of the state of
New Jersey; and for related claims of unfair competition and trade practices under federal laws
and the laws of the state of New Jersey. This Court has subject matter jurisdiction over the
patent claim under 28 U.S.C. 1338(a), over the trademark infringement claims under 15 U.S.C.
1121, over the trade dress and unfair competition claims under 28 U.S.C. 1331 and 1338(b),
and over the remaining claims under 28 U.S.C. 1338(b) and 1367(a).
7.
This Court has personal jurisdiction over the Defendants because Defendants have
purposefully availed themselves of the privilege of doing business in the state of New Jersey.
8.
Venue is proper in this Court pursuant to 28 U.S.C. 1391(b)(1).
Page 2 of 18
GENERAL ALLEGATIONS
9.
Plaintiff is the owner, by virtue of assignment, of the entire right, title, and interest
in and to U.S. Design Patent D677,478, entitled Toilet Stool and which was filed on August
23, 2012 and granted on March 12, 2013 (hereafter the 478 Patent). (See Exhibit A).
10.
Plaintiff operates a growing business in Saint George, Utah and sells products
worldwide.
11.
Plaintiff has invested substantial time and resources into developing its product
line of toilet stools and associated goods.

12.
Plaintiffs ECCO toilet stool (the subject of the 478 Patent) has a distinctive
design that features a U-shaped back portion, arched sidewalls, a wavy front, as well as other
design features. In combination, these features create a distinctive and unique appearance, which
customers and retailers recognize as the trade dress of the ECCO toilet stool and associate it
exclusively with Plaintiff.
13.
Plaintiff is also the owner of a stylized trademark registered with the United
States Patent and Trademark Office (Registration No. 4354138). The mark consists of a stylized
representation of a person sitting on the toilet with his feet resting on a toilet foot stool in front of
him to put him into a 35-degree angle (hereafter the Trademark). (See Exhibit B)
14.
Plaintiffs Trademark was registered on June 18, 2013.
FIRST CAUSE OF ACTION

(Direct Infringement of the 478 Patent by Tiger Medical and Tiger Supplies)
15.
Plaintiff re-alleges and incorporates by reference the allegations contained in
paragraphs 1 through 14 above, as though fully set forth herein.

16.
Plaintiff is the owner of the 478 Patent, which is valid and enforceable.
Page 3 of 18
17.
Defendants have infringed and continue to infringe the 478 Patent by making,
designing, importing, selling, and/or offering for sale their toilet stool that applies the design of
the 478 Patent or a colorable imitation thereof, in violation of 35 U.S.C. 271(a) and 35 U.S.C.
289.
18.
Both Defendants have sold their infringing stool under the name AdirMed Toilet
squatting stool on Amazon.com.

19.
On or about September 28, 2015, Tiger Supplies filed a trademark application
with the United States Patent and Trademark Office for the mark AdirMed (Serial No.
86771389). (See Exhibit C).
20.
Both Defendants use the same logo, an outline of a tiger, over their business
21.
Defendant
name.
Tiger
Medical
sells
the
infringing
stool
on
its
website,
www.tigermedical.com, under the name AdirMed Squat Stool.

22.
An ordinary observer, given such attention as a purchaser usually gives, would be
deceived by the substantial similarity between the design of the toilet stool made, designed,
imported, sold, and/or offered for sale by Defendants and the patented design in the 478 Patent.
23.
An ordinary observer would be induced to purchase the infringing toilet stool,
either through Defendants websites, online retailers, or in person (if such retail outlets exists),
due to Defendants stool being substantially the same as the designs embodied and protected
under the 478 Patent.
24.
On December 5, 2015, Plaintiff, through its counsel, sent a cease and desist letter
to Tiger Medical through the Tiger Medical website (www.tigermedical.com) informing Tiger
Medical of the 478 Patent.
Page 4 of 18
25.
On December 9, 2015, counsel for Tiger Medical acknowledged receipt of
Plaintiffs cease and desist letter, but stated that Tiger Medical would not cease its sales of the
infringing toilet stool.
26.
Tiger Medical continued to sell the infringing stool after receiving the letter from
Plaintiffs counsel.
27.
Tiger Supplies has sold the infringing toilet stool on Amazon.com since counsel
for Tiger Medical acknowledged receipt of the letter from Plaintiffs counsel.
28.
Defendants have refused to cease their infringing activities.
29.
Defendants deliberate and willful actions in infringing the design of Plaintiffs
478 Patent, have caused, and will continue to cause, irreparable harm to Plaintiff unless
permanently enjoined pursuant to 35 U.S.C. 283.
30.
Defendants have also profited from, and continue to profit from, their infringing
31.
Plaintiff has suffered pecuniary damages in amounts to be determined at trial as a
stool.
result of Defendants willful infringement of the 478 Patent, pursuant to 35 U.S.C. 284 and
289.
32.
Defendants wrongful, malicious, fraudulent, deliberate, willful, and/or intentional
conduct makes this an exceptional case entitling Plaintiff to an award of attorneys fees and
costs.
SECOND CAUSE OF ACTION
(Trademark Infringement - 15 U.S.C. 1114)
33.
Page 5 of 18
34.
Defendants sell their toilet stool with a sticker affixed to the underside of the
35.
On the sticker is a representation of a person sitting on a toilet with his feet resting
stool.
on a toilet foot stool in front of him to put him into a 35-degree angle.
36.
The representation on Defendants sticker is nearly identical to Plaintiffs
Trademark.
37.
Defendants do not have Plaintiffs consent to use the Trademark.
38.
Defendants use of a representation of a person sitting on the toilet with his feet
resting on a toilet foot stool in front of him to put him into a 35-degree angle is a violation of 15
U.S.C. 1114(1)(a) in that the Defendants have, without the consent of Plaintiff, used in
commerce a reproduction, counterfeit, copy, or colorable imitation of the Trademark in
connection with the sale, offering for sale, distribution, or advertising of goods and services
provided by Defendants. Defendants have used the imitation in such a manner as is likely to
cause confusion, mistake, or deceive.
39.
Defendants use of a representation of a person sitting on the toilet with his feet
resting on a toilet foot stool in front of him to put him into a 35-degree angle is a violation of 15
U.S.C. 1114(1)(b) in that the Defendants have, without the consent of Plaintiff, used in
commerce a reproduction, counterfeit, copy, or colorable imitation of the Trademark and applied
such reproduction, counterfeit, copy, or colorable imitation to advertisements intended to be used
in commerce in connection with the sale, offering for sale, distribution, or advertising of goods
and services provided by Defendants. Defendants have used the imitation in such a manner as is
likely to cause confusion, mistake, or deceive.
Page 6 of 18
40.
Defendants use of an imitation of the Trademark is committed with knowledge
that the imitation was intended to be used to cause confusion, mistake, or to deceive.
41.
Plaintiff is entitled to injunctive relief under 15 U.S.C 1116 and recovery of
damages from Defendants jointly and severally pursuant to 15 U.S.C 1117. Damages
recoverable are three times the actual damages sustained by Plaintiff, Defendants profits, and
the costs of the action, together with Plaintiffs attorneys fees, or in the alternative, damages in
such sum as the Court may find to be just according to the circumstances of the case.
THIRD CAUSE OF ACTION
(Trademark Infringement - 15 U.S.C. 1125(a))
42.

43.
Defendants have intentionally violated 15 U.S.C. 1125(a) in that they have, on or
in connection with Defendants goods or services, used an imitation of the Trademark which
represents a false designation of origin, false or misleading description, and/or a
misrepresentation of fact likely to cause confusion, mistake, or deceive as to the affiliation,
connection, or association of Defendants with Plaintiff or which is likely to cause confusion,
mistake or deceive as to whether Plaintiff has anything to do with the origin, sponsorship, or
approval of the goods, services, or commercial activities of Defendants.
44.
Defendants have similarly violated 15 U.S.C. 1125(a) intentionally in that their
commercial advertising or promotion using an imitation of the Trademark misrepresents the

nature, characteristics, qualities, and/or geographic origin of their goods, services, or commercial
activities.
45.
Plaintiff is entitled to injunctive relief under 15 U.S.C. 1116 and recovery of
damages from Defendants jointly and severally pursuant to 15 U.S.C. 1117. Damages include,
Page 7 of 18
the actual damages sustained by the Plaintiff, the Defendants profits, and the costs of the action
together with Plaintiffs reasonable attorneys fees. In the alternative, Plaintiff is entitled to
recover damages in such sums as the Court may find just according to the circumstances of the
case.
FOURTH CAUSE OF ACTION
(Trademark Infringement - 15 U.S.C. 1125(c))
46.

47.
Defendants use of an imitation of the Trademark has caused and continues to
cause dilution of the distinctive quality of the Trademark. Defendants use of an imitation of the
Trademark is a violation of 15 U.S.C. 1125(c), Plaintiffs mark being distinctive and famous
within the meaning of the statute, and Defendants use of and imitation of the Trademark in
commerce having begun after the Trademark became distinctive and famous.
48.
Defendants willfully intended to trade on Plaintiffs reputation and/or cause
dilution of the Trademark by their use of an imitation of the Trademark.

49.
Plaintiff is entitled to injunctive relief under 15 U.S.C. 1116 and recovery of
damages from Defendants jointly and severally, pursuant to 15 U.S.C. 1117(a). Damages
recoverable are actual damages sustained by the Plaintiff, the Defendants profits, and the costs
of the action together with Plaintiffs reasonable attorneys fees. In the alternative, Plaintiff is
entitled to recover damages in such sum as the Court may find just according to the
circumstances of the case.
FIFTH CAUSE OF ACTION
(Trade Dress Infringement 15 U.S.C. 1125(a))
50.

Page 8 of 18
51.
Plaintiff is entitled to legal protection of its ECCO toilet stools trade dress under
15 U.S.C. 1125(a), which trade dress includes without limitation a distinctive design that
features a U-shaped back portion, arched sidewalls, textured outlines of shoes/feet on the surface,
and is white in color.
52.
Plaintiffs ECCO toilet stools trade dress has acquired secondary meaning as
consumers have come to recognize the toilet stool as identifying Plaintiff as the source of the
high quality toilet stool.
53.
Defendants toilet stool has so closely imitated and/or copied Plaintiffs ECCO
toilet stool that the consuming public has been confused and will continue to be confused as to
the source or origin of Defendants toilet stool and will erroneously believe that the Defendants
stool came from Plaintiff.
54.
In the eye of an ordinary observer, giving such attention as a purchaser usually
gives, Plaintiffs ECCO toilet stool and Defendants toilet stool are substantially the same and
the resemblance is such so as to deceive an ordinary observer, including an ordinary observer to
purchase Defendants toilet stool supposing it to be Plaintiffs toilet stool.
55.
Defendants copying of Plaintiffs toilet stools trade dress is intentional.
56.
Defendants intended to create a toilet stool confusingly similar in appearance to
Plaintiffs toilet stool, even including a sticker on Defendants stool that contains a trademark
infringement of an image for which Plaintiff has a registered trademark.
57.
Further, Defendants mimic Plaintiffs advertising material, including photographs,
angles of photography, etc.
Page 9 of 18
58.
Defendants toilet stool and Plaintiffs toilet stools are strikingly similar,
substantially duplicated, virtually identical, substantially identical, remarkably similar,

essentially duplicated, and/or closely imitated.
59.
Defendants acts of trade dress infringement have caused and continue to cause
damages and injury to Plaintiff.

60.
Plaintiff may recover for its damages an award to compensate Plaintiff for injuries
and damages it has sustained as a result of Defendants conduct that violates 15 U.S.C. 1125(a).
61.
Because Defendants acts are intentional, willful, and/or deliberate, Plaintiff is
entitled to an award of treble damages.

62.
Plaintiff is entitled to an award of pre-judgment interest for the damages sustained
as a result of Defendants wrongful conduct.

63.
costs.
64.
Plaintiff has no adequate remedy at law. Plaintiff has suffered and continues to
suffer irreparable harm as a result of Defendants acts, and is therefore entitled to permanent
injunctive relief to enjoin Defendants wrongful conduct.
SIXTH CAUSE OF ACTION
(Federal Unfair Competition, False Designation of Origin,
Passing Off, and False Advertising 15 U.S.C. 1125(a))
65.

66.
The unauthorized use by Defendants of Plaintiffs ECCO toilet stool trade dress
through the sale of its unauthorized toilet stool, is likely to cause the public to mistakenly believe
Page 10 of 18
that Defendants products originate from, are endorsed by, or are in some way affiliated with
Plaintiff and thus constitute unfair competition, false designation of origin, and passing off.
67.
In addition, Plaintiffs ECCO toilet stool trade dress is likely to lose its
significance as an indicator of origin if Defendants are allowed to continue their infringement.

68.
Defendants have used Plaintiffs ECCO toilet stools trade dress in connection
with false and misleading descriptions or representations of fact in promoting Defendants toilet
stool, thereby misrepresenting the nature, characteristics, source, and qualities of their goods,
services or commercial activities.
69.
Defendants actions are thus in violation of 15 U.S.C. 1125(a).
70.
As set forth above, on information and belief, Defendants misconduct is part of a
deliberate plan to trade off the valuable goodwill established by Plaintiff and has been carried out
in willful disregard of Plaintiffs rights and thereby constitutes a violation of 15 U.S.C. 1125(a).
71.
Because Defendants acts are intentional, willful, and/or deliberate, Plaintiff is
entitled to an award of treble damages.

72.
Plaintiff is entitled to an award of pre-judgment interest for the damages sustained
as a result of Defendants wrongful conduct.

73.
costs.
74.
Plaintiff has no adequate remedy at law. Plaintiff has suffered and continues to
suffer irreparable harm as a result of Defendants acts, and is therefore entitled to permanent
injunctive relief to enjoin Defendants wrongful conduct.
Page 11 of 18
SEVENTH CAUSE OF ACTION

(Unfair Trade Practices, Misappropriation, and
Trade Dress Infringement NJ Rev Stat 56:8-2)
75.

76.
By its aforesaid conduct, calculated to increase business and profits by deceiving
and confusing members of the public, Defendant continues to misappropriate the valuable
goodwill of Plaintiffs toilet stools trade dress, to infringe Plaintiffs rights therein and unfairly
compete with Plaintiff in violation of the laws of New Jersey.
77.
Defendants use of Plaintiffs toilet stools trade dress to promote, mark, or sell
products constitutes unfair, unlawful, and deceptive business and trade practices in violation of
New Jersey Revised Statutes 56:8-2.
78.
Defendants use of Plaintiffs toilet stools trade dress is an unfair or deceptive
method of competition occurring in trade or commerce that impacts the public interest and has
caused, and is causing, injury to Plaintiffs retailers and consumers.
79.
These wrongful acts have proximately caused and continue to cause Plaintiff
substantial injury, including loss of customers, dilution of its goodwill, confusion of potential
customers, injury to reputation, and diminution in the value of its products and technology.
These actions will cause irreparable harm and injury to Plaintiff, the amount of which will be
difficult to ascertain, if they continue.
80.
Plaintiff is without an adequate remedy at law.
81.
Plaintiff is entitled to an injunction restraining Defendants, and all persons or
entities acting in concert with them, from engaging in further such unlawful and deceptive
conduct.
Page 12 of 18
82.
Plaintiff is entitled to recover from Defendants the damages sustained by it as a
result of the Defendants wrongful acts as alleged herein. The amount of such damages cannot
be determined at this time.
83.
Plaintiff is further entitled to recover from Defendants the gains, profits, and
advantages they have obtained as a result of their wrongful acts as alleged herein.
84.
The conduct of Defendants was and is fraudulent, oppressive, malicious, and in
conscious disregard of the rights of Plaintiff. Plaintiff is therefore entitled to recover treble
damages from Defendants pursuant to New Jersey Revised Statutes 56:8-19.
EIGHTH CAUSE OF ACTION
(Civil Conspiracy)
85.

86.
Defendants entered into a civil conspiracy to unlawfully and unfairly compete
with Plaintiff and deprive Plaintiff of the benefit of Plaintiffs goodwill and reputation and the
benefits Plaintiff derives from the 478 Patent and the Trademark.
87.
Defendants have by their conduct unlawfully traded on the goodwill and
reputation of Plaintiff and the Trademark, damaging Plaintiff by way of lost profits and damage
to the goodwill and reputation to the Plaintiff.
88.
Defendants have also damaged Plaintiff in that the latter has lost profits and
suffered damage to its goodwill and reputation through Defendants infringement of the 478
Patent.
89.
Defendants have also damaged Plaintiff through Defendants infringement and
dilution of the Trademark.
Page 13 of 18
90.
These wrongful acts have proximately caused and continue to cause Plaintiff
substantial injury, including loss of customers, dilution of its goodwill, confusion of potential
customers, injury to its reputation, and diminution in the value of its products and technology.
91.
Plaintiff is without an adequate remedy at law.
92.
Plaintiff is entitled to an injunction restraining Defendants, and all persons or
entities acting in concert with them, from engaging in further such unlawful and deceptive
conduct.
93.
Defendants are jointly and severally liable for damages incurred by Plaintiff in an
amount that will be proven at trial. Defendants are further liable for the costs Plaintiff incurs in
the prosecution of this action.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court:
A.
Enter judgment in favor of Plaintiff and against Defendants on all claims;
B.
Enter judgment against Defendants for infringement of Plaintiffs 478 Patent,
and permanently enjoin and restrain Defendants, their officers, directors, principals, agents,
servants, employees, successors and assigns, and all others aiding, abetting, or acting in concert
or active participation therewith, from making, using, importing, selling or offering for sale, or
otherwise distributing any product that infringes the 478 Patent;
C.
Order Defendants to account for and pay over to Plaintiff all damages suffered by
Plaintiff and/or Defendants profits derived from and/or related to Defendants infringement of
the 478 Patent;
D.
Enter judgment against Defendants for infringement of Plaintiffs toilet stools
trade dress, and grant Plaintiff preliminary and permanent injunctive relief, together with
damages, pursuant to 15 U.S.C. 1117(a), consisting of Defendants profits, any damages
Page 14 of 18
sustained by Plaintiff and the cost of the action; said amount to be trebled; that the Court award
Plaintiff its attorneys fees; that the Court in the alternative award damages in such amount as the
Court in its discretion shall find to be just;
E.
Enter judgment that Defendants have infringed Plaintiffs Trademark in violation
of 15 U.S.C. 1114, and grant Plaintiff preliminary and permanent injunctive relief together with
damages, pursuant to 15 U.S.C. 1117(a), consisting of Defendants profits, any damages
sustained by Plaintiff and the cost of the action; said amount to be trebled; that the Court award
Plaintiff its attorneys fees; that the Court in the alternative award damages in such amount as the
Court in its discretion shall find to be just;
F.
Enter judgment that Defendants have violated 15 U.S.C. 1125(a), and grant
Plaintiff preliminary and permanent injunctive relief together with damages, pursuant to 15
U.S.C. 1117(a), consisting of Defendants profits, any damages sustained by Plaintiff and the
cost of the action; said amount to be trebled; that the Court award Plaintiff its attorneys fees;
that the Court in the alternative award damages in such amount as the Court in its discretion shall
find to be just;
G.
Enter judgment that Defendants have violated 15 U.S.C. 1125(c), and grant
Plaintiff preliminary and permanent injunctive relief together with damages, pursuant to 15
U.S.C. 1117(a), consisting of Defendants profits, any damages sustained by Plaintiff and the
cost of the action; said amount to be trebled; that the Court award Plaintiff its attorneys fees;
that the Court in the alternative award damages in such amount as the court in its discretion shall
find to be just;
H.
Enter judgment that Defendants have violated New Jersey Revised Statutes
56:8-2, award Plaintiff treble damages sustained by Plaintiff pursuant to New Jersey Revised
Page 15 of 18
Statutes 56:8-19, and award reasonable attorneys fees and costs to Plaintiff pursuant to New
Jersey Revised Statutes 56:8-19;
I.
Order Defendants to account for and pay to Plaintiff all damages suffered by
Plaintiff as a result of Defendants unlawful acts;

J.
Award Plaintiff enhanced, treble and/or punitive damages;
K.
Award Plaintiff interest, including prejudgment interest, on all damages;
L.
Find this to be an exceptional case, and award Plaintiff reasonable attorneys fees
and costs of this action; and

M.
Award Plaintiff such other and further relief as the Court deems just and proper.
JURY DEMAND
Plaintiff demands a trial by jury on all issues so triable.

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

Kenneth S. Weitzman
Tel. (973) 403-9940
Email: [email protected]
GURR & BRANDE, PLLC

Robert A. Gurr (application for pro hac admission to be filed)
1031 S. Bluff St., Ste. 105
St. George, UT 84770
Page 16 of 18
CERTIFICATION PURSUANT TO L. CIV. R. 11.2

Pursuant to Local Civil Rule 11.2, the undersigned hereby certifies that this matter is not
the subject of any other action pending in any court, or of any pending arbitration or
administrative proceeding.

Kenneth S. Weitzman
Tel. (973) 403-9940
Page 17 of 18
RULE 201.1 CERTIFICATION

Pursuant to L. Civ. R. 201.1, the undersigned counsel for Plaintiff hereby certifies
that, in addition to monetary damages, Plaintiff seeks injunctive and other equitable relief, and
therefore this action is not appropriate for compulsory arbitration.

Kenneth S. Weitzman
Tel. (973) 403-9940
Page 18 of 18
Case 2:16-cv-00649-JLL-JAD Document 1-1 Filed 02/05/16 Page 1 of 5 PageID: 19
EXIBIT A
EXIBIT B
EXIBIT C
PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)
Trademark/Service Mark Application, Principal Register

Serial Number: 86771389
Filing Date: 09/28/2015
The table below presents the data as entered.

Input Field
SERIAL NUMBER
Entered
86771389
MARK INFORMATION
*MARK
AdirMed
STANDARD CHARACTERS
YES
USPTO-GENERATED IMAGE
YES
LITERAL ELEMENT
AdirMed
MARK STATEMENT
The mark consists of standard characters,

without claim to any particular font, style,
size, or color.
REGISTER
Principal
APPLICANT INFORMATION
*OWNER OF MARK
Tiger Supplies Inc.
*STREET
27 Selvage St.
*CITY
Irvington
*STATE
(Required for U.S. applicants)
New Jersey
*COUNTRY
United States
*ZIP/POSTAL CODE
(Required for U.S. applicants)
07111
PHONE
973-854-8608
EMAIL ADDRESS
[email protected]
AUTHORIZED TO COMMUNICATE VIA EMAIL
Yes
LEGAL ENTITY INFORMATION

TYPE
corporation
STATE/COUNTRY OF INCORPORATION
New Jersey
GOODS AND/OR SERVICES AND BASIS INFORMATION

INTERNATIONAL CLASS
*IDENTIFICATION
Medical equipment and supplies
FILING BASIS
SECTION 1(a)
FIRST USE ANYWHERE DATE
At least as early as 01/01/2014
FIRST USE IN COMMERCE DATE
At least as early as 01/01/2014
SPECIMEN
FILE NAME(S)
\\TICRS\EXPORT16\IMAGEOUT
16\867\713\86771389\xml1\ RFA0003.JPG
SPECIMEN DESCRIPTION
Photograph of goods
CORRESPONDENCE INFORMATION
NAME
Herman Goldberger
STREET
27 Selvage St.
CITY
Irvington
STATE
New Jersey
COUNTRY
United States
ZIP/POSTAL CODE
07111
PHONE
973-854-8608
*EMAIL ADDRESS
[email protected]
*AUTHORIZED TO COMMUNICATE VIA

EMAIL
Yes
FEE INFORMATION
APPLICATION FILING OPTION
TEAS RF
NUMBER OF CLASSES
FEE PER CLASS
275
*TOTAL FEE DUE
275
*TOTAL FEE PAID
275
SIGNATURE INFORMATION
SIGNATURE
/Herman Goldberger/
SIGNATORY'S NAME
Herman Goldberger
SIGNATORY'S POSITION
CEO
SIGNATORY'S PHONE NUMBER
973-854-8608

DATE SIGNED
09/24/2015

PTO Form 1478 (Rev 9/2006)
OMB No. 0651-0009 (Exp 02/28/2018)
Trademark/Service Mark Application, Principal Register

Filing Date: 09/28/2015
To the Commissioner for Trademarks:

MARK: AdirMed (Standard Characters, see mark)
The literal element of the mark consists of AdirMed.
The mark consists of standard characters, without claim to any particular font, style, size, or color.
The applicant, Tiger Supplies Inc., a corporation of New Jersey, having an address of
27 Selvage St.
Irvington, New Jersey 07111
United States
requests registration of the trademark/service mark identified above in the United States Patent and
Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051
et seq.), as amended, for the following:
International Class _______: Medical equipment and supplies
In International Class _______, the mark was first used by the applicant or the applicant's related company
or licensee or predecessor in interest at least as early as 01/01/2014, and first used in commerce at least as
early as 01/01/2014, and is now in use in such commerce. The applicant is submitting one(or more)
specimen(s) showing the mark as used in commerce on or in connection with any item in the class of
listed goods/services, consisting of a(n) Photograph of goods.
Specimen File1
The applicant's current Correspondence Information:
Herman Goldberger
27 Selvage St.
Irvington, New Jersey 07111
973-854-8608(phone)
[email protected] (authorized)
E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application
to the applicant or applicant's attorney at the e-mail address provided above. I understand that a valid email address must be maintained and that the applicant or the applicant's attorney must file the relevant
subsequent application-related submissions via the Trademark Electronic Application System (TEAS).
Failure to do so will result in an additional processing fee of $50 per international class of goods/services.
A fee payment in the amount of $275 has been submitted with the application, representing payment for 1
class(es).
Declaration
The signatory believes that: if the applicant is filing the application under 15 U.S.C. 1051(a), the
applicant is the owner of the trademark/service mark sought to be registered; the applicant is using the
mark in commerce on or in connection with the goods/services in the application; the specimen(s) shows
the mark as used on or in connection with the goods/services in the application; and/or if the applicant
filed an application under 15 U.S.C. 1051(b), 1126(d), and/or 1126(e), the applicant is entitled to use
the mark in commerce; the applicant has a bona fide intention, and is entitled, to use the mark in
commerce on or in connection with the goods/services in the application. The signatory believes that to
the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users,
have the right to use the mark in commerce, either in the identical form or in such near resemblance as to
be likely, when used on or in connection with the goods/services of such other persons, to cause confusion
or mistake, or to deceive. The signatory being warned that willful false statements and the like are
punishable by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such willful false
statements and the like may jeopardize the validity of the application or any registration resulting
therefrom, declares that all statements made of his/her own knowledge are true and all statements made on
information and belief are believed to be true.
Declaration Signature
Signature: /Herman Goldberger/ Date: 09/24/2015
Signatory's Name: Herman Goldberger
Signatory's Position: CEO
RAM Sale Number: 86771389
RAM Accounting Date: 09/29/2015
Internet Transmission Date: Mon Sep 28 20:22:20 EDT 2015
TEAS Stamp: USPTO/BAS-XX.XX.XX.XXX-20150928202220412
955-86771389-540f3c0482adbb7b17f4eb9daa0
f05953015278f30590395d689b64b0e8e1e6c7-C
C-8192-20150921185535052334
JS 44 (Rev. 1/16)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
DEFENDANTS
TIGER MEDICAL INC.,
TIGER SUPPLIES INC.,
DOES
and ROES
I-XListed Defendant
CountyI-X,
of Residence
of First
SQUATTY POTTY, LLC

(b) County of Residence of First Listed Plaintiff
Washington (Utah)
(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:
(c) Attorneys (Firm Name, Address, Email and Telephone Number)
Essex
(IN U.S. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
Attorneys (If Known)
Kenneth S. Weitzman, WEITZMAN LAW OFFICES, LLC

425 Eagle Rock Avenue, Suite 102, Roseland, NJ 07068
[email protected], (973) 403-9940
II. BASIS OF JURISDICTION (Place an X in One Box Only)

1
U.S. Government
Plaintiff
Federal Question
(U.S. Government Not a Party)
U.S. Government
Defendant
Diversity
(Indicate Citizenship of Parties in Item III)
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

(For Diversity Cases Only)
PTF
Citizen of This State
1
DEF
1
and One Box for Defendant)

PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State
Citizen of Another State
Incorporated and Principal Place

of Business In Another State
Citizen or Subject of a
Foreign Country
Foreign Nation
IV. NATURE OF SUIT (Place an X in One Box Only)

CONTRACT
TORTS
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education
FORFEITURE/PENALTY
PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement
625 Drug Related Seizure

of Property 21 USC 881
690 Other
BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark
LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
FEDERAL TAX SUITS

870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609
IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions
OTHER STATUTES
375 False Claims Act
376 Qui Tam (31 USC
3729(a))
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes
V. ORIGIN (Place an X in One Box Only)

1 Original
Proceeding
2 Removed from
State Court
Remanded from
Appellate Court
4 Reinstated or
Reopened
5 Transferred from
Another District
(specify)
6 Multidistrict
Litigation
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
35 U.S.C. 271(a), 289; 15 U.S.C. 1114; 15 U.S.C. 1125(a); 15 U.S.C. 1125(c)

VI. CAUSE OF ACTION Brief description of cause:
Design Patent Infringement, Trademark Infringement, Trade Dress Infringement; etc.
CHECK IF THIS IS A CLASS ACTION

VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
CHECK YES only if demanded in complaint:

Yes
No
JURY DEMAND:
DEMAND $
DATE
SIGNATURE OF ATTORNEY OF RECORD
02/05/2016
/s Kenneth S. Weitzman
DOCKET NUMBER
FOR OFFICE USE ONLY

RECEIPT #
AMOUNT
Print
APPLYING IFP
Save As...
JUDGE
MAG. JUDGE
Reset
JS 44 Reverse (Rev. 11/15)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a)
(b)
(c)
Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II.
Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different 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 of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV.
Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V.
Origin. Place an "X" in one of the six boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from 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 for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of 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 of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII.
Requested in Complaint. Class Action. Place an "X" in this box if you are filing 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 of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

Squatty Potty v. Tiger Medical - Complaint

Uploaded by

Copyright:

Available Formats

Squatty Potty v. Tiger Medical - Complaint

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Squatty Potty v. Tiger Medical - Complaint

Uploaded by

Copyright:

Available Formats

What is the subject matter of the complaint?

What is the subject matter of the complaint?

What parties are involved in the complaint?

What parties are involved in the complaint?

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

WEITZMAN LAW OFFICES, LLC

Civil Action No. _______________

TIGER MEDICAL INC., a New Jersey

COMPLAINT AND DEMAND

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

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

Venue is proper in this Court pursuant to 28 U.S.C. 1391(b)(1).

Case 2:16-cv-00649-JLL-JAD Document 1 Filed 02/05/16 Page 3 of 18 PageID: 3

line of toilet stools and associated goods.

Plaintiffs Trademark was registered on June 18, 2013.

FIRST CAUSE OF ACTION

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

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

Case 2:16-cv-00649-JLL-JAD Document 1 Filed 02/05/16 Page 4 of 18 PageID: 4

squatting stool on Amazon.com.

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

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

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

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

Case 2:16-cv-00649-JLL-JAD Document 1 Filed 02/05/16 Page 5 of 18 PageID: 5

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

Defendants have refused to cease their infringing activities.

Defendants deliberate and willful actions in infringing the design of Plaintiffs

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

Defendants wrongful, malicious, fraudulent, deliberate, willful, and/or intentional

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

paragraphs 1 through 32 above, as though fully set forth herein.

Case 2:16-cv-00649-JLL-JAD Document 1 Filed 02/05/16 Page 6 of 18 PageID: 6

The representation on Defendants sticker is nearly identical to Plaintiffs

Defendants do not have Plaintiffs consent to use the Trademark.

Case 2:16-cv-00649-JLL-JAD Document 1 Filed 02/05/16 Page 7 of 18 PageID: 7

Defendants use of an imitation of the Trademark is committed with knowledge

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

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

paragraphs 1 through 41 above, as though fully set forth herein.

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

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

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

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

Case 2:16-cv-00649-JLL-JAD Document 1 Filed 02/05/16 Page 8 of 18 PageID: 8

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

paragraphs 1 through 45 above, as though fully set forth herein.

Defendants use of an imitation of the Trademark has caused and continues to

Defendants willfully intended to trade on Plaintiffs reputation and/or cause

dilution of the Trademark by their use of an imitation of the Trademark.

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

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

paragraphs 1 through 49 above, as though fully set forth herein.

Case 2:16-cv-00649-JLL-JAD Document 1 Filed 02/05/16 Page 9 of 18 PageID: 9

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

Defendants copying of Plaintiffs toilet stools trade dress is intentional.

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

Further, Defendants mimic Plaintiffs advertising material, including photographs,

angles of photography, etc.