airware int'l v. chinese laundry - complaint

7/29/2019 Airware Int'l v. Chinese Laundry - Complaint

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

AIRWAIR INTERNATIONAL LTD., aCompany of the United Kingdom,

Plaintiff,

vs.

CELS ENTERPRISES, INC. D/B/A

CHINESE LAUNDRY, a New YorkCorporation; and DOES 1-50,

Defendants.

Case No.

COMPLAINT FOR

(1) FEDERAL TRADEMARKINFRINGEMENT(2) FEDERAL FALSE DESIGNATIONOF ORIGIN

(3) TRADEMARK DILUTION(4) CALIFORNIA STATUTORYUNFAIR COMPETITION(5) COMMON LAW UNFAIRCOMPETITION(6) CALIFORNIA STATUTORYTRADEMARK DILUTION

DEMAND FOR JURY TRIAL

BRYAN CAVE LLP

Marcy J. Bergman, California Bar No. 75826Stephanie A. Blazewicz, California Bar No. 240359Robert J. Esposito, California Bar No. 267031560 Mission Street, 25

thFloor

San Francisco, CA 94105Telephone: (415) 675-3400Facsimile: (415) 675-3600Email: [email protected]

[email protected]@bryancave.com

Attorneys for PlaintiffAIRWAIR INTERNATIONAL LTD.

Case3:13-cv-04312 Document1 Filed09/18/13 Page1 of 14


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COMPLAINT

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1. Plaintiff AirWair International Ltd. is a wholly owned subsidiary of R.

Griggs Group Ltd. and is engaged in the design, manufacture, marketing and sale of Dr.

Martens footwear (AirWair International Ltd. and R. Griggs Group Ltd. are referred to

collectively hereafter as AirWair). AirWair International Ltd. and its parent company,

R. Griggs Group Ltd., are companies of the United Kingdom, located and doing business

at Cobbs Lane, Wollaston, Wellingborough, Northamptonshire, NN29 7SW, United

Kingdom.

2. On information and belief, defendant Cels Enterprises, Inc. d/b/a Chinese

Laundry (Chinese Laundry) is a New York corporation, with its principal place of

business at 3485 S. La Cienega Blvd, Los Angeles, CA 90016.

3. Chinese Laundry markets, distributes and sells clothing and footwear

products in the United States and within this District through its website

www.chineselaundry.com, its brick and mortar stores in California and Nevada, online

retailers including Nasty Gal (www.nastygal.com), and major department and specialty

stores including Macys and Nordstrom. Chinese Laundrys footwear products are the

subject matter of this action.

4. On information and belief, Chinese Laundry imports footwear manufacturedin China into the United States. AirWair is without information or belief as to which

manufacturer supplied the infringing footwear that is the subject of this action.

5. Defendants sued as DOES 1 through 50 are persons or entities whose

identities are not yet known to AirWair (Doe Defendants). AirWair will seek leave of

Court to substitute their true names when they become known.

JURISDICTION AND VENUE

6. This Court has subject matter jurisdiction under 15 U.S.C. 1121 and 28

U.S.C. 1338(a), in that this case arises under the trademark laws of the United States, 15

U.S.C. 1051 et seq.

7. This Court has pendant jurisdiction under 28 U.S.C. 1338(b), in that this

case arises under claims joined with a substantial and related claim under the trademark



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laws of the United States.

8. Venue is proper in this District pursuant to 28 U.S.C. 1391 because

Chinese Laundry conducts business within this District and has engaged in, and continues

to engage in, acts of advertising and offering services and retail goods and products to

consumers located within this District.

FACTUAL ALLEGATIONS

9. AirWair is headquartered in the village of Wollaston, England and, through

its predecessor company, has manufactured footwear since 1901. AirWair has been

manufacturing and marketing Dr. Martens footwear since 1960.

10. Since as early as 1984, AirWair has marketed and sold Dr. Martens boots,

shoes and sandals in the United States using a distinctive trade dress that features yellow

stitching in the welt area of the sole and a two-tone grooved sole edge. Dr. Martens classic

style boots also include a fabric heel tab. AirWair has also used a distinctive undersole

design consisting of a unique horizontal grid pattern known as the DMS undersole

pattern on its Dr. Martens footwear. These features will be referred to collectively

hereafter as the Trade Dress.

11. Dr. Martens footwear is widely recognized and extremely popular and hasachieved recognition as ranking among the worlds greatest and most recognizable brands.

The distinctive Trade Dress of its iconic boots and shoes has been used by the company

since 1960 and is world famous. Over the past 25 years, millions of pairs of shoes, boots

and sandals with the distinctive Trade Dress have been sold in the United States.

12. AirWair holds many registrations for its Trade Dress throughout the world

including the following registrations in the United States Patent and Trademark Office:

the combination of yellow stitching in the welt area and a two-tone

grooved sole edge (Reg. No. 2,437,751, attached as Exhibit 1);

the yellow welt stitch located around the perimeter of footwear (Reg.

No. 2,437,750, attached as Exhibit 2);



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its DMS undersole design mark (Reg. No. 2,102,468, attached as Exhibit

3, the DMS Design Mark);

the design of an [sic] sole edge including longitudinal ribbing, and a

dark color band over a light color (Reg. No. 2,104,349, attached as

Exhibit 4); and

longitudinal ribbing and a dark color band over a light color on the outer

sole edge, welt stitching, and a tab at the top back heel of footwear (Reg.

No. 2,341,976, attached as Exhibit 5).

All of the above trademarks (the Trade Dress Marks) have been in use for 50 years, and

have been used in the United States since 1984.

13. AirWair has filed declarations of continued use under Sections 8 and 15 of

the Lanham Act and the trademark registrations referenced in Exhibits 1, 2 and 3 have

become incontestable.

14. AirWair celebrated the 50th

anniversary of its classic Dr. Martens footwear

with its distinctive Trade Dress including yellow welt stitching, two-tone grooved sole

edge and the DMS Design mark. Examples of classic Dr. Martens footwear, including the

iconic 1460 boot, 1461 Gibson, and DMS undersole are shown below.



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15. The distinctive Dr. Martens Trade Dress as described in the trademark

registrations attached as Exhibits 15, individually and taken together, is distinctive or has

acquired distinctiveness, and is non-functional.

16. AirWair is informed and believes that Chinese Laundry has in the past and

continues to manufacture, market, distribute and sell boots and shoes that are confusingly

similar to and which unlawfully copy the distinctive Dr. Martens Trade Dress in violation

of AirWairs rights in the registered Trade Dress Marks. The infringing footwear

manufactured, marketed and sold by Chinese Laundry includes, without limitation, the

Rendition style name in colors including black, cherry, khaki, leopard, navy,

and smoke, which are marketed and sold under the brand name Dirty Laundry (the

Infringing Footwear). Images of the Infringing Footwear offered for sale and sold

through Chinese Laundrys website www.chineselaundry.com and other U.S. retailers are

attached hereto as Exhibit 6.

17. The Infringing Footwear unlawfully copies and uses the distinctive Dr.

Martens Trade Dress, including the two-tone grooved sole edge and DMS undersole

pattern. The overall configuration and appearance of the Infringing Footwear is virtually

identical to the iconic Dr. Martens 1460 boot, and the DMS undersole pattern, as shownbelow, and is likely to cause confusion as to the source, sponsorship or origin of the

Infringing Footwear:

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Genuine Dr. Martens 1460 Boot

Chinese Laundry Nail Polish Boot



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Genuine Dr. Martens 1460 Undersole Chinese Laundry Nail Polish Undersole

Chinese Laundry Nail Polish Boot Stitching and Two Tone Sole Edge



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18. The Infringing Footwear is offered for sale, advertised and promoted in the

United States, including in this District, through Chinese Laundrys website

www.chineselaundry.com, its brick and mortar stores in California and Nevada, online

retailers including Nasty Gal (www.nastygal.com), and major department and specialty

stores including Macys and Nordstrom.

19. The infringing footwear is regularly sold in California and in the Northern

District of California. True and correct images of Infringing Footwear purchased at

www.nastygal.com and a receipt from the purchase thereof are attached hereto as Exhibit

7 and Exhibit 8, respectively.

20. Chinese Laundrys offering for sale and sale of the Infringing Footwear islikely to cause and/or has caused confusion between AirWairs footwear and Chinese

Laundrys footwear.

21. Chinese Laundrys conduct in copying AirWairs registered Trade Dress

Marks has been systematic and deliberate. Chinese Laundry has copied the Trade Dress

and the overall style and configuration of Dr. Martens boots and shoes as closely as

possible in a deliberate and calculated attempt to trade upon the popularity and distinctive

appearance and design of Dr. Martens footwear.

22. By reason of Chinese Laundrys acts, AirWair has suffered and will continue

to suffer damage to its business, reputation and goodwill, and the loss of sales and profits

AirWair would have realized but for Chinese Laundrys acts. Unless restrained and

enjoined, Chinese Laundry will continue to engage in the acts complained of and

irreparably damage AirWair. AirWairs remedy at law is not adequate to compensate

AirWair for all the resulting injuries arising from Chinese Laundrys actions.

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FIRST CLAIM FOR RELIEF

(Trademark Infringement in Violation of

Lanham Act Section 32, 15 U.S.C. Section 1114)

23. AirWair realleges and incorporates by reference paragraphs 1 through 22 of

this Complaint.

24. Chinese Laundry has, on or in connection with footwear products, used in

commerce subject to regulation by the U.S. Congress, a reproduction, counterfeit, copy or

colorable imitation of AirWairs registered Trade Dress Marks in connection with the sale,

offering for sale, distribution, and/or advertising of goods and services, which use is likely

to cause confusion, or to cause mistake, or to deceive.

25. Chinese Laundry has, on or in connection with footwear products,

reproduced, counterfeited, copied and/or imitated AirWairs registered Trade Dress Marks

and has applied such reproduction, counterfeit, copy and/or colorable imitations to signs,

displays, advertisements, promotional materials, packaging, website content, and other

materials used in commerce in connection with the sale, offering for sale, distribution, or

advertising of goods and services, which use is likely to cause confusion, or to cause

mistake, or to deceive.26. Chinese Laundry is acting and has acted with knowledge that its Infringing

Footwear unlawfully copy and use AirWairs registered Trade Dress Marks and are

counterfeits, and such imitation is intended to cause confusion, or to cause mistake, or to

deceive.

27. Chinese Laundrys acts are in violation of 15 U.S.C. 1114, and AirWair

has been and is likely to be damaged by these acts.

SECOND CLAIM FOR RELIEF

(Federal Unfair Competition and False Designation of Origin

in Violation of Lanham Act Section 43(a), 15 U.S.C. 1125(a))

28. AirWair realleges and incorporates herein by reference paragraphs 1 through

27 of this Complaint.



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29. Chinese Laundrys unlawful copying and use of AirWairs registered Trade

Dress Marks in connection with the Infringing Footwear is a false and misleading

designation of origin and a false and misleading representation of facts, which:

(a) is likely to cause confusion, or to cause mistake, or to deceive as to the

affiliation, connection, or association of Chinese Laundry with AirWair, or

as to the origin, sponsorship, or approval of Chinese Laundrys goods or

commercial activities by AirWair; and/or

(b) in commercial advertising or promotion, misrepresent the nature,

characteristics, or qualities of Chinese Laundrys goods, services, or

commercial activities.

30. Chinese Laundrys acts are in violation of 15 U.S.C. 1125(a), and AirWair

has been and is likely to be damaged by these acts.

THIRD CLAIM FOR RELIEF

(Federal Trademark Dilution in Violation of

Lanham Act Section 43(c), 15 U.S.C. 1125(c))


30 of this Complaint.32. AirWairs Trade Dress is distinctive and famous in the United States.

Chinese Laundry has used and is using trade dress on its footwear products which is

substantially indistinguishable from AirWairs registered Trade Dress Marks, after

AirWairs marks became famous.

33. On information and belief, Chinese Laundry acted with knowledge of the

fame and reputation of the Dr. Martens Trade Dress Marks with the purpose of usurping

such rights and to willfully and intentionally confuse, mislead, and deceive members of the

public.

34. Chinese Laundrys actions have and are likely to dilute, blur and tarnish the

distinctive quality of the Trade Dress Marks, and lessen the capacity of AirWairs marks to

identify and distinguish the companys products.



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35. Chinese Laundrys acts are in violation of 15 U.S.C. 1125(c), and AirWair

has been and is likely to be damaged by these acts. Unless Chinese Laundry is restrained,

AirWair will continue to suffer damages and injury to its reputation and goodwill.

36. Because Chinese Laundry acted willfully and intentionally to trade on

AirWairs reputation and/or cause dilution of AirWairs famous Trade Dress, AirWair is

entitled to damages, extraordinary damages, fees and costs pursuant to 15 U.S.C.

1125(c)(2).

FOURTH CLAIM FOR RELIEF

(Unfair Competition in Violation of California Business

& Professions Code Section 17200, et seq.)


36 of this Complaint.

38. Chinese Laundrys acts including the unlawful use and imitation of

AirWairs registered Trade Dress Marks in connection with the manufacture, marketing,

distribution and sale of footwear products constitutes an unlawful, unfair or fraudulent

business act or practice and unfair, deceptive, untrue or misleading advertising, in violation

of California Business and Professions Code 17200, et seq.39. Chinese Laundrys pattern and practice of imitating AirWairs registered

Trade Dress Marks in connection with the Infringing Footwear, and of trading upon

AirWairs goodwill and reputation, constitutes an unfair business practice in violation of

California Business and Professions Code 17200, et seq.

40. Chinese Laundrys conduct was willful, and AirWair has been and is likely

to be damaged by these acts.

FIFTH CLAIM FOR RELIEF

(Common Law Unfair Competition)


this Complaint.

42. Chinese Laundrys use and imitation of AirWairs registered Trade Dress



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Marks and the combination of its style features in footwear constitutes infringement,

copying, imitation, and misappropriation of AirWairs intellectual property, unjust

enrichment of Chinese Laundry, and unfair competition with AirWair in violation of

AirWairs rights under the common law of the State of California and other states of the

United States.

43. Chinese Laundrys willful acts of misrepresentation, fraud and deceit have

unjustly enriched Chinese Laundry and violated AirWairs rights.

SIXTH CLAIM FOR RELIEF

(Dilution in Violation of California Business &

Professions Code Section 14330, et seq.)


this Complaint.

45. Chinese Laundry has, in connection with its footwear products, used a trade

dress that is substantially identical to AirWairs registered Trade Dress Marks and has

caused a dilution of the distinctive quality of AirWairs footwear products and its Trade

Dress Marks and the goodwill represented thereby.

46. AirWairs Trade Dress Marks have become famous, and Chinese Laundryhas used and is using a trade dress that is substantially identical to AirWairs marks, after

AirWairs marks became famous.

47. Chinese Laundrys actions have diluted, blurred and tarnished the strong and

positive associations represented by AirWairs Trade Dress Marks, by lessening the

capacity of AirWairs marks to identify and distinguish AirWairs products, and by

causing AirWairs products and marks to be associated with footwear not made, sponsored

or approved by AirWair.

48. Chinese Laundrys acts are in violation of California Business & Professions

Code sections 14330, et seq., and AirWair has been and is likely to be damaged by these

acts.



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PRAYER FOR RELIEF

Wherefore, AirWair prays for judgment in its favor and against Chinese Laundry:

A. A preliminary and permanent injunction enjoining Chinese Laundry, its

officers, shareholders, agents, servants, employees, attorneys, successors and assigns,

suppliers, manufacturers, distributors, business partners, e-tailers, retailers, and those in

privity with them, and those persons in active concert or participation with any of them

who receive actual notice of the judgment by personal service or otherwise, from

manufacturing, marketing, distributing or selling the Infringing Footwear or any other

footwear products that use, imitate or copy any of AirWairs registered Trade Dress

Marks, as illustrated in Exhibits 15, or any combination of them.

B. An Order directing Chinese Laundry to file with this Court and serve on

AirWairs counsel within 30 days after service of an injunction, a report under oath setting

forth in detail the manner and form in which Chinese Laundry has complied with the

injunction.

C. An Order that (1) all point-of-sale materials, labels, signs, boxes, prints,

catalogs, line sheets, marketing materials, internet web pages, metatags, packages, papers,

other trade dress, and advertisements in the possession or control of Chinese Laundrybearing images, illustrations, or representations of the enjoined footwear, Trade Dress,

Dr. Martens name, and undersole patterns, and all plates, molds, matrixes, and other

means of making the same, be delivered to AirWairs counsel or destroyed; (2) that

Chinese Laundry disclose the identities of the vendors, manufacturers, retailers and etailers

of the Infringing Footwear, sole molds, and undersole; (3) all footwear bearing any of the

Trade Dress features identified in Exhibits 15 hereto be delivered to AirWair or

destroyed; and (4) all internet advertising, including keywords, adwords, metatags,

sponsored ads, links, and other advertising that uses or refers to Dr. Martens, DOCS, DMs,

or any version of the registered Dr. Martens trademarks be immediately discontinued and

removed from operation or view.

D. An accounting for Chinese Laundrys profits arising from Chinese Laundrys



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unfair competition and trademark infringement and an award of Chinese Laundrys profits

to AirWair, including disclosure of the number of pairs of Infringing Footwear sold in the

United States and internationally and an accounting for the gross revenue derived from

sale of the Infringing Footwear.

E. An award of damages sustained by AirWair.

F. In the alternative to actual damages and profits, an award of statutory

damages in an amount of not more than $1,000,000 per counterfeit mark per type of

services and/or goods sold or offered for sale by Chinese Laundry.

G. An award of treble the actual damages awarded.

H. Pre-judgment and post-judgment interest on the above damage awards.

I. An award of costs and reasonable attorneys fees and expenses incurred by

AirWair in connection with this action.

J. Such other and further relief which this Court may deem just.

DEMAND FOR JURY TRIAL

AirWair hereby demands a trial by jury.

Dated: September 17, 2013 BRYAN CAVE LLP

By: /s/ Stephanie A. BlazewiczMarcy J. BergmanStephanie A. BlazewiczRobert J. Esposito

Attorneys for PlaintiffAIRWAIR INTERNATIONAL LTD.



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S 44 (Rev. 12/12)

Cand rev (1/15/13) CIVIL COVER SHEETe c v cover s eet an t e n ormat on conta ne ere n ne t er rep ace nor supp ement t e ng an serv ce o p ea ngs or ot er papers as requ re y aw, excep

rovided 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 theurpose of initia ting the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

. (a) PLAINTIFFS DEFENDANTS., a ompany o t e n te ng om , . , a ew or

Corporation;

(b) County of Residence of First Listed Plaintiff United Kingdom County of Residence of First Listed Defendant(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATIOTHE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)arcy . ergman, sq., tep an e . azew cz, sq. , o ert . spos to, sq.

Bryan Cave LLP560 Mission Street, 25th Floor, San Francisco, California 94105(415) 657-3400 Telephone; (415) 675-3434 Facsimile

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210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff Act/Review or App

220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) Agency Decision

230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party 950 Constitutionality of

240 Torts to Land 443 Housing/ Sentence 26 USC 7609 State Statutes

245 Tor t Produc t Liab ilit y Accommodat io ns 530 Gene ra l

290 All Other Real Property 445 Amer. w/Disabilities 535 Death Penalty IMMIGRATION

Employment Other: 462 Naturalization Application-446 Amer. w/Disabilities 540 Mandamus & Other 465 Other Immigration

Other 550 Civil Rights Actions

448 Educat io n 555 Pr is on C ond it ion

560 Civil Detainee -

Conditions of

Confinement

V. ORIGIN (Place an X in One Box Only)Transferred from

Another District(specify)

r g na

Proceeding

emove rom

State Court

eman e rom

Appellate Court

e nstate or

Reopened

u t str ct

Litigation

VI. CAUSE OF

ACTION

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):15 USC 1114; 15 USC 1125

Brief description of cause:

Trademark infringement, dilution and unfair competition

VII. REQUESTED IN

COMPLAINT:

CHECK IF THIS IS A CLASS ACTIONUNDER RULE 23, F.R.Cv.P.

DEMAND $ 5,000,000 CHECK YES only if demanded in complaint

JURY DEMAND: Yes No

VIII. RELATED CASE(S)

IF ANY (See instructions): JUDGE DOCKET NUMBER

X. DIVISIONAL ASSIGNMENT (Civil L.R. 3-2)

Place an X in One Box Only) (X ) SAN FRANCISCO/OAKLAND ( ) SAN JOSE ( ) EUREKADATE SIGNATURE OF ATTORNEY OF RECORD

09/17/2013 /s/ Stephanie A. Blazewicz

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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 asrequired 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 oCourt for each civil complaint filed. The attorney filing a case should complete the form as follows:

I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency an

then the official, giving both name and title.(b) 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 a

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: Iland condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)

(c) 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. Jurisdicti on. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place anin 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 herUnited 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 amendmto 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 ta

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, th

citizenship of the different parties must be checked . (See Section III below; NOTE: federal question actions take precedence over diversitycases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Marthis 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

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 morethan 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 f

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

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 14When 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 jurisdicti

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 docketnumbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.

Case3:13-cv-04312 Document1-1 Filed09/18/13 Page2 of 2

airware int'l v. chinese laundry - complaint

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