Alex and Ani LLC v. Cikovic - Compaint

7/29/2019 Alex and Ani LLC v. Cikovic - Compaint

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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TENNESSEE

NORTHERN DIVISION

ALEX AND ANI, LLC, d/b/a

Alex and Ani,

Plaintiff ,

v.

DEBRA CIKOVIC, d/b/a

Belleza Jewelry,

Defendant.

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Civ. Action No. __________

JUDGE___________

JURY TRIAL DEMANDED

COMPLAINT

1. This is an action at law and equity arising under the patent laws of the United

States, Title 35 of the United States Code; the Lanham Act, 15 U.S.C. 1051 et seq.; and for

substantial and related Tennessee and common-law claims.

2. Alex and Ani is an American jewelry company based in Rhode Island. At all

times relevant to this Complaint, Alex and Ani created, manufactured, and distributed a

distinctive bangle that is the subject of United States Design Patent No. D498,167 entitled

Expandable Wire Bracelet (the 167 Patent). A copy of this patent is attached hereto at

Exhibit A.

3. The design claimed in the 167 patent has become the signature Alex and Ani

design for its distinctive line of Alex and Ani expandable bangles, a design which has achieved

secondary meaning in the United States marketplace.

4. Alex and Ani is also the owner of a federal trademark registration (Reg. No.

4,153,058) for the ALEX AND ANI mark in connection with Alex and Anis jewelry and

Case 3:13-cv-00526 Document 1 Filed 09/03/13 Page 1 of 21 PageID #: 1


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accessories lines. A copy of this trademark registration is attached hereto at Exhibit B.

5. Through the Belleza Jewelry label, Defendant Debra Cikovic has manufactured,

imported, sold, and/or otherwise distributed knockoff bangle bracelets using the ALEX AND

ANI mark throughout the United States, and attempted to capitalize on the goodwill of the

distinctive Alex and Ani brand.

THE PARTIES

6. Alex and Ani is a limited liability company organized under the laws of the State

of Rhode Island with a principal place of business located at 2000 Chapel View Boulevard,

Cranston, Rhode Island.

7. On information and belief, Cikovic is an individual domiciled in Tennessee. On

information and belief, Cikovic has been doing business under the name Belleza Jewelry since

2011. On information and belief, Cikovic, doing business under the name Belleza Jewelry, is

headquartered in Knoxville, Tennessee.

JURISDICTION AND VENUE

8. This Court has subject matter jurisdiction pursuant to 15 U.S.C. 1121 and 28

U.S.C. 1338 and, under the principles of supplemental jurisdiction, 28 U.S.C. 1367.

9. As an individual domiciled in Tennessee, Cikovic is subject to personal

jurisdiction in Tennessee. Further, acts of infringement giving rise to this cause of action

occurred in this jurisdiction, as, upon information and belief, Belleza Jewelry is headquartered in

Knoxville, Tennessee.

10. Venue is proper in this District under 38 U.S.C. 1391(b)(1) and (c)(1) and



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1400(b) because Cikovic resides in this Judicial District, has a regular and established place of

business in this District, and acts of infringement were committed in this District. Venue is also

proper in this District pursuant to 28 U.S.C. 1391(b)(2) because a substantial part of the events

or omissions giving rise to Alex and Anis claims occurred in this District.

ALEX AND ANIS FAMOUS TRADEMARK AND TRADE DRESS

11. Alex and Ani is a manufacturer and distributor of high quality fashion jewelry

designs that carry self-affirming messages based on the life and experiences of their creator,

Carolyn Rafaelian. Alex and Ani manufactures its products in Rhode Island and sells them

through authorized retailers throughout the United States and internationally.

12. Alex and Ani jewelry is made using eco-friendly, recycled materials made entirely

in the United States. Manufacturing in the United States and reusing and recycling materials is an

integral part of Alex and Anis mission as a conscious and eco-friendly company.

13. Since 1999, the ALEX AND ANI mark has continuously been used in interstate

commerce to identify Alex and Ani jewelry products and to distinguish them from those made

and sold by others.

14. On June 5, 2012, the ALEX AND ANI mark was registered in the United States

Patent and Trademark Office on the Principal Register covering the use of said mark on jewelry,

accessories, and retail store services. This registration is outstanding and valid. A copy of this

trademark registration is attached hereto at Exhibit B.

15. Alex and Anis distinctive bangle bracelets feature a circular, one-piece bangle

style bracelet formed from a single piece of wire from approximately .050 to .064 gauge, the ends

of which overlap in part and capture the portion of the wire above and below each end by means



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of a stylistic twist. Alex and Anis signature bangles also include a prominent charm positioned

within the overlapping portion of the bangle. This bangle design is common across Alex and

Anis signature line of products.

16. This unique combination of elements (the Alex and Ani Trade Dress) serves to

readily distinguish for consumers Alex and Anis wide range of products from the goods of

competitors. Alex and Ani enjoys substantial goodwill in the design of the Alex and Ani

products, owing to Alex and Anis lengthy, innovative and exclusive use of the distinctive

product design.

17. A sample of the Alex and Ani Trade Dress is shown below:

18. Alex and Ani has continuously used the Alex and Ani Trade Dress in commerce

since at least 2004.

19. Alex and Ani has gone to great expense and effort to develop, promote, and



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protect the ALEX AND ANI mark and the Alex and Ani Trade Dress. As a result of Alex and

Anis efforts and longevity, the ALEX AND ANI mark, the Alex and Ani Trade Dress, and all

products sold bearing the Alex and Ani Trade Dress have become widely recognized by

consumers and the industry as being associated with Alex and Ani. Alex and Anis products have

achieved a well-deserved reputation for quality and have experienced impressive sales growth

and success over the last nine years.

20. Alex and Ani have expended substantial sums to conduct advertising promoting

the ALEX AND ANI mark and highlighting the Alex and Ani Trade Dress both in the United

States and elsewhere.

21. The excellence of Alex and Ani products has been widely recognized in the

United States and worldwide and has favorably been reported upon by the press. Just a few of

the many publications that have reported on Alex and Anis well-known trademark and Trade

Dress are Vogue, Glamour, Redbook, InStyle Spain, Lucky Magazine, Daily Front Row, ELLE,

ELLE Spain, Womens Health and Brides.

22. Because of its distinctive nature and wide-ranging popularity, the Alex and Ani

Trade Dress has frequently been a target of copying by competitors in the industry, including

Cara Accessories, Ann Taylor Loft, Forever 21, Old Navy, and Max and Chloe. In each instance,

Alex and Ani was successful in policing its intellectual property rights, and the copying was

discontinued.

23. The ALEX AND ANI mark and the Alex and Ani Trade Dress have become well

known and identified in the minds of the trade and the purchasing public as identifying products

belonging to Alex and Anis signature line of expandable bangles. Indeed, as of the filing of this



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Complaint, the popular handmade and craft commerce website, www.etsy.com, featured

hundreds of knockoffs of Alex and Anis signature expandable bangle design, many explicitly

promoted as Alex and Ani Inspired or Alex and Ani Style.

24. The ALEX AND ANI mark and the Alex and Ani Trade Dress have come to

indicate the source and quality of Alex and Anis products and to signify the association with

Alex and Ani, a company that manufactures in the United States and reuses and recycles

materials as an integral part of its mission to be conscious and eco-friendly.

25. The ALEX AND ANI mark and the Alex and Ani Trade Dress have grown to

become important business assets of immense and incalculable value.

26. The Alex and Ani Trade Dress is not functional. It is not essential to the purpose

or use of Alex and Ani products that feature the Alex and Ani Trade Dress, nor does it affect the

cost or quality of these Alex and Ani products. Further, exclusive use by Alex and Ani of the

Alex and Ani Trade Dress would not put competitors at a significant non-reputation-related

disadvantage.

ALEX AND ANIS PATENT

27. To protect her signature bangle bracelet invention, Alex and Anis founder,

Carolyn Rafaelian, applied for and received the 167 Patent.

28. The 167 Patent was duly and legally issued by the United States Patent and

Trademark Office on November 9, 2004 to Carolyn Rafaelian, who has assigned all right, title,

and interest in the patent to Alex and Ani.

29. A true and correct copy of the 167 Patent is attached hereto as Exhibit A.

30. Upon information and belief, Cikovic has willfully and deliberately copied Alex



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and Anis patented design.

CIKOVICS WRONGFUL ACTS

31. Alex and Ani discovered that Cikovic, doing business under the name Belleza

Jewelry, is manufacturing, importing, offering for sale, selling, distributing, and/or advertising

goods that infringe the 167 patent and bear the ALEX AND ANI mark and the Alex and Ani

Trade Dress (the Infringing Goods), in interstate commerce via the online website

bellezajewelry.com.

32. The Infringing Goods are offered in the same channels of trade as Alex and Anis

products bearing the ALEX AND ANI mark and Alex and Ani Trade Dress.

33. Representative examples of genuine Alex and Ani designs are shown below on

the left along with examples of the Infringing Goods on the right.

Genuine Alex and Ani Bangles Infringing Belleza Jewelry Bangles



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34. The likelihood of confusion between the Infringing Goods and Alex and Anis

goods is great because the average retail consumer is not likely to exercise a high degree of care

in purchasing a relatively inexpensive product such as bangle bracelets.

35. The likelihood of confusion is also great because the goods are related: both the

Infringing Goods and Alex and Ani goods bearing the Alex and Ani Trade Dress are expandable

bangle bracelets.

36. The likelihood of confusion is also great because Cikovic intentionally references

the ALEX AND ANI mark in connection with the Infringing Goods.

37. Cikovics business website, bellezajewelry.com, has a link to a bracelet sub-

category page titled AA Inspired, which takes consumers directly to a website page



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(http://www.bellezajewelry.com/AA-Inspired_c_108.html) that contains links to view and

purchase the Infringing Goods. Upon information and belief, the term AA Inspired is a

reference to the ALEX AND ANI mark and is intended to create a mental connection between

the Alex and Ani brand and the Infringing Goods. Cikovic also uses the term Alex and Ani

Inspired in conjunction with one of the Infringing Goods sold on bellezajewelry.com. Copies of

the relevant webpages are attached at Exhibit C.

38. Upon information and belief, in August 2013, Cikovic, doing business under the

name Belleza Jewelry, partnered with DealChicken.com, an e-commerce website, in order to

offer for sale and promote the Infringing Goods through the DealChicken website.

39. The Belleza Jewelry deals offered through DealChicken.com referenced the

ALEX AND ANI mark in order to market and sell the Infringing Goods. Pictured at Exhibit D

are examples of the manner in which Cikovic, via DealChicken.com, referenced the ALEX AND

ANI mark in order to market and sell the Infringing Goods.

40. Upon information and belief, DealChicken.com has advertised and promoted the

Infringing Goods as part of its national deals, as well as through various local deals, which have

resulted in sales of over 3,700 of Cikovics Infringing Goods.

41. Upon information and belief, Cikovic, doing business under the name Belleza

Jewelry, has partnered with other deal websites in order to market and sell the Infringing

Goods, including Moolala.com, and Dealsurf.com. A copy of the relevant webpages are attached

at Exhibit E.

42. Upon information and belief, Cikovic, doing business under the name Belleza

Jewelry, has partnered with various bloggers and sponsored giveaways of a Belleza Jewelry



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product in order to market and sell the Belleza Jewelry goods, including the Infringing Goods, by

drawing customers to bellezajewelry.com.

43. Alex and Ani has not consented to Cikovics use of the 167 patent, the ALEX

AND ANI mark, or the Alex and Ani Trade Dress in connection with the Infringing Goods, nor

has Alex and Ani sponsored, endorsed or approved the goods offered or promoted by Cikovic.

44. Cikovics unauthorized use of the ALEX AND ANI mark and the Alex and Ani

Trade Dress is likely to cause confusion, to cause mistake, and to deceive an appreciable number

of customers and prospective customers into falsely believing that Cikovics goods are provided,

sponsored, approved by or affiliated with Alex and Ani or that there is a connection or affiliation

between Alex and Ani and Cikovic.

45. Upon information and belief, Cikovic intentionally and deliberately

misappropriated the ALEX AND ANI mark and the Alex and Ani Trade Dress to mislead and

confuse consumers into believing that Cikovics goods are provided, sponsored, approved by or

affiliated with Alex and Ani. As a direct and proximate result of Cikovics conduct set forth

above, Alex and Ani has been irreparably injured.

46. Cikovics conduct is continuing and will continue, constituting an ongoing threat

to Alex and Ani and the public. Unless Cikovic is restrained and enjoined from engaging in the

wrongful conduct described herein, Alex and Ani will suffer irreparable injury. It would be

difficult to ascertain the amount of compensation that could afford Alex and Ani adequate relief

for the acts of Cikovic, present and threatened, and Alex and Anis remedy at law is not adequate

in and of itself to compensate it for said harm and damage.

47. Alex and Ani has extensively and continuously promoted and used the ALEX



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AND ANI mark and the Alex and Ani Trade Dress and the associated goodwill throughout the

United States and the world, and the ALEX AND ANI mark and the Trade Dress have thereby

become famous and well-known indicators of the origin of the Alex and Ani goods.

48. The Alex and Ani Trade Dress has achieved significant secondary meaning.

COUNT I: WILLFUL INFRINGEMENT OF U.S. PATENT 167 (35 U.S.C. 271)

49. Alex and Ani repeats and realleges all the preceding paragraphs as if stated in full

herein.

50. In violation of 35 U.S.C. 271(a), Cikovic has made, used, offered for sale,

distributed, imported, and/or sold in the United States, bangle bracelets that infringe the 167

Patent.

51. In violation of 35 U.S.C. 271(b) and (c), Cikovic has actively induced the

infringement of, and/or contributed to the infringement of the 167 Patent.

52. Upon information and belief, Cikovics infringement of the 167 Patent has

occurred with Cikovics knowledge of the 167 Patent and has been willful and wanton.

53. Alex and Ani has suffered and will continue to suffer serious and irreparable

injury unless Cikovics infringement of the 167 Patent is enjoined. Considering the balance of

hardships between the parties, a remedy in equity is warranted. And the public interest would be

served by an injunction as an injunction would protect the public from Cikovics deceptive

conduct. Alex and Ani is entitled to injunctive relief, pursuant to 35 U.S.C. 283, prohibiting

Cikovic from infringing the 167 patent.

54. Alex and Ani is also entitled to damages adequate to compensate for Cikovics



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infringement of the 167 Patent in an amount to be determined at trial, but in no event less than a

reasonable royalty, treble damages, interest, attorneys fees, and the costs incurred in this action.

COUNT II: TRADEMARK INFRINGEMENT (15 U.S.C. 1114, 1117, and CommonLaw)


herein.

56. Alex and Ani is the owner of a federal trademark registration for ALEX AND

ANI in connection with its jewelry.

57. Upon information and belief, Alex and Anis ownership and use in commerce of

the ALEX AND ANI mark predates the adoption and use by Cikovic of the ALEX AND ANI

mark.

58. The ALEX AND ANI mark is arbitrary and/or has acquired secondary meaning.

59. Cikovics use of the ALEX AND ANI mark to advertise and promote goods that

are confusingly similar to Alex and Anis goods is likely to cause consumers to mistakenly

believe that Cikovics goods are sponsored by, associated with, authorized by, endorsed by, or

otherwise connected with Alex and Ani.

60. By using the ALEX AND ANI mark, Cikovic is misrepresenting to consumers

that Belleza Jewelry is somehow authorized by or otherwise associated or affiliated with Alex

and Ani.

61. As a result of Cikovics aforesaid conduct, the public is likely to believe that the

Infringing Goods are legitimately affiliated, connected or associated with and/or authorized by

Alex and Ani when they are not.



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62. On information and belief, given the longstanding and continuous use of the

ALEX AND ANI mark, Cikovics conduct is willful and intentional and intended to free-ride off

of the goodwill associated with the federally registered ALEX AND ANI mark. Cikovic is and

was at all relevant times at least constructively aware of ALEX AND ANIs prior use, ownership,

and registration of the ALEX AND ANI mark, and Cikovics conduct with respect to the mark is

therefore also willful and intentional.

63. Alex and Ani uses the ALEX AND ANI mark in interstate commerce in

connection with the sale, offering for sale, distribution, and/or advertising of its goods.

64. Cikovics use of the ALEX AND ANI mark, as described above, constitutes

trademark infringement in violation of 15 U.S.C. 1114 in that it is without Alex and Anis

consent and is likely to cause confusion, mistake, and/or deception with respect to its federally

registered trademark ALEX AND ANI, all to the irreparable injury of Alex and Ani and the

goodwill developed in the ALEX AND ANI mark.

65. Cikovics use in commerce of the ALEX AND ANI mark, as described above,

also constitutes common law trademark infringement in that it is without Alex and Anis consent

and creates a likelihood of confusion as to source.

66. Without injunctive relief, Alex and Ani has no means by which to control the

continuing injury to its reputation and goodwill, and Alex and Ani will continue to be irreparably

harmed. No amount of money damages can adequately compensate Alex and Ani if it loses the

ability to control the use of its trademark, reputation, and goodwill through the false and

unauthorized use of its trademark. Considering the balance of hardships between the parties, a

remedy in equity is warranted. And the public interest would be served by an injunction as an



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injunction would protect the public from Cikovics deceptive conduct. Alex and Ani is entitled to

injunctive relief prohibiting Cikovic from using the ALEX AND ANI mark.

67. Because Cikovics actions have been committed willfully and with intent to profit

from Alex and Anis goodwill in the ALEX AND ANI mark, this is an exceptional case, and

Alex and Ani is entitled to recover Cikovics profits together with Alex and Anis damages,

trebled, costs of the action, and reasonable attorneys fees pursuant to Section 35(a) of the

Lanham Act, 15 U.S.C. 1117(a).

COUNT III: TRADE DRESS INFRINGEMENT (15 U.S.C. 1125(a) and Common Law)


herein.

69. Upon information and belief, Alex and Anis ownership and use in commerce of

the Alex and Ani Trade Dress predates the adoption and use by Cikovic of the Alex and Ani

Trade Dress.

70. Upon information and belief, Cikovic has and is manufacturing, advertising,

offering for sale, and engaging in the sale, resale and distribution of the Infringing Goods without

Alex and Anis consent, and thereby infringing the Alex and Ani Trade Dress.

71. The design of the Infringing Goods creates the same general overall impression

and has the same look and feel as genuine Alex and Ani products. Upon information and

belief, the similarities between the Alex and Ani Trade Dress and the design of the Infringing

Goods are purposeful.

72. Cikovics Infringing Goods were designed intentionally to mimic the Alex and



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Ani Trade Dress in that the designs of the bangles are almost exactly the same, having virtually

identical designs and distinctive arrangement of design elements. This creates the immediate

commercial impression that goods bearing such designs are associated with and emanate from

Alex and Ani.

73. Cikovics sale of its Infringing Goods in the United States constitutes a false

designation of origin and is intentionally designed to deceive, and has deceived, customers into

believing that the Infringing Goods are genuine goods of Alex and Ani.

74. Cikovic has without permission, willfully and with the intention of benefiting

from the reputation and good will of Alex and Ani, imitated the design, style, and layout of the

Alex and Ani Trade Dress.

75. As a consequence, the design of the Infringing Goods is likely to deceive and

divert, and has deceived and diverted, customers away from the genuine Alex and Ani products

and created a likelihood of consumer confusion as to the source of the Alex and Ani products and

the Infringing Goods.

76. Cikovics conduct, as alleged in the foregoing paragraphs, constitutes trade dress

infringement in violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a), which

prohibits the use in commerce in connection with the sale of goods of any word, term, name,

symbol, or device, or any combination thereof which is likely to cause confusion, or to cause

mistake, or to deceive as to the source of the goods.

77. Cikovics use in commerce of the Alex and Ani Trade Dress, as described above,

constitutes common law trade dress infringement in that it is without Alex and Anis consent and

creates a likelihood of confusion as to source.



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ability to control the use of its Trade Dress, reputation, and goodwill through the false and

unauthorized use of its Trade Dress. Considering the balance of hardships between the parties, a



injunctive relief prohibiting Cikovic from using the design of the Infringing Goods, or any other

trademark or designation that is likely to be confused with the Alex and Ani Trade Dress.


from Alex and Anis goodwill in the Alex and Ani Trade Dress, this is an exceptional case, and




COUNT IV: FALSE DESIGNATION OF ORIGIN (15 U.S.C. 1125(a))


herein.

81. Alex and Ani is the owner of the federal registration for the ALEX AND ANI

mark.

82. Alex and Ani is the owner of common law rights to the ALEX AND ANI mark.

83. The ALEX AND ANI mark is arbitrary and/or has acquired secondary meaning.

84. Alex and Anis ownership and use in commerce of the ALEX AND ANI mark



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predates the adoption and use by Cikovic of the ALEX AND ANI mark.

85. On information and belief, given the longstanding use and federal registration of

the ALEX AND ANI mark, Cikovics conduct is willful and intentional and intended to free-ride

off of the goodwill associated with the ALEX AND ANI mark. Cikovic uses the ALEX AND

ANI mark in interstate commerce in connection with the sale, offering for sale, distribution,

and/or advertising of its goods.

86. Cikovics use in commerce of the ALEX AND ANI mark, as described above,

constitutes false designation of origin in violation of 15 U.S.C. 1125(a)(1)(A) in that it is likely

to cause confusion, to cause mistake, or to deceive as to the affiliation, connection, or association

of Belleza Jewelry with Alex and Ani and/or as to the origin, sponsorship, or approval by Alex

and Ani of Cikovics goods, and will irreparably harm Alex and Ani and the goodwill it has

developed in the ALEX AND ANI mark. As a direct and proximate result of Cikovics violation

of 15 U.S.C. 1125(a), Alex and Ani has been and will continue to be damaged.




ability to control the use of its trademark, reputation, and goodwill through the false and

unauthorized use of its trademark. Considering the balance of hardships between the parties, a



injunctive relief prohibiting Cikovic from using the ALEX AND ANI mark.




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from Alex and Anis goodwill in the ALEX AND ANI mark, this is an exceptional case, and




COUNT V: COMMON LAW UNFAIR COMPETITION and TENNESSEE CONSUMER

PROTECTION ACT, TENN. CODE ANN. 47-18-101, et seq.


herein.

90. Cikovic has committed unfair and deceptive acts and practices affecting the

conduct of trade and commerce in violation of the common law of the state of Tennessee and the

Tennessee Consumer Protection Act, Tenn. Code Ann. 47-18-104, by falsely passing off her

Infringing Goods as those of Alex and Ani, causing a likelihood of confusion as to the source,

sponsorship, or approval of its Infringing Goods, and causing a likelihood of confusion as to

affiliation, connection, or association with Alex and Ani.

91. Cikovics unfair and deceptive trade practices have proximately caused Alex and

Ani irreparable harm and injury and, unless she is enjoined by this Court, will continue to cause

Alex and Ani irreparable harm and injury. Considering the balance of hardships between the

parties, a remedy in equity is warranted. And the public interest would be served by an injunction

as an injunction would protect the public from Cikovics deceptive conduct.

92. Cikovics unfair and deceptive trade practices have been willful and intentional.

Therefore, Alex and Ani is also entitled to recover damages for common law unfair competition,



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and treble damages, Cikovics wrongful profits, costs and expenses, and attorneys fees pursuant

to Tenn. Code Ann. 47-18-109.

PRAYER FOR RELIEF

WHEREFORE, Alex and Ani, LLC respectfully requests a judgment against Debra

Cikovic, d/b/a Belleza Jewelry that includes:

1. A judgment in favor of Alex and Ani and against Cikovic on all counts;

2. Damages in an amount to be determined at trial, including Cikovics unjust

enrichment, and, because this is an exceptional case, such damages enhanced and/or trebled for

willful infringement;

3. An order awarding Alex and Ani its reasonable attorneys fees and costs incurred

in this action;

4. Exemplary and punitive damages;

5. An order awarding Alex and Ani interest on the damages, costs, and attorneys

fees incurred in this action, including pre-judgment interest;

6. An order permanently enjoining Cikovic and her agents, employees,

representatives, successors, assigns, attorneys, and all other persons and entities acting for, with,

by, through, or under authority from Cikovic, or in concert or participating with Cikovic,

including the websites Dealchicken.com, Moolala.com, and Dealsurf.com, from:

a. Using and infringing Alex and Anis design patent, the 167 patent;

b. Using the ALEX AND ANI mark on or in connection with Cikovics goods or

services;



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c. Using the Alex and Ani Trade Dress, or any other copy, reproduction, or colorable

imitation or simulation of the Alex and Ani Trade Dress on or in connection with

Cikovics goods or services;

d. Using any trademark, service mark, name, logo, design or source designation of

any kind on or in connection with Cikovics goods or services that is a copy,

reproduction, colorable imitation, or simulation of, or confusingly similar to the

trademarks, service names, or logos of Alex and Ani;

e. Using any trademark, service mark, name, logo, design or source designation of

any kind on or in connection with Cikovics goods or services that is likely to cause

confusion, mistake, deception, or public misunderstanding that such goods or services

are produced or provided by Alex and Ani, or are sponsored or authorized or affiliated

with Alex and Ani;

f. Passing off, palming off, or assisting in passing off or palming off, Cikovics

goods or services as those of Alex and Ani, or otherwise continuing any and all acts

of unfair competition as alleged herein.

7. An order requiring Cikovic to recall all products infringing the 167 patent and/or bearing

the ALEX AND ANI mark, Alex and Ani Trade Dress or any other confusingly similar

mark, which have been shipped by Cikovic or under her authority, to any customer

including, but not limited to, any wholesaler, distributor, retailer, consignor, or marketer

and also to deliver to each customer a copy of this Courts order as it relates to said

injunctive relief;



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8. An order requiring Cikovic to deliver up for impoundment and for destruction all bangles,

tags, signs, packaging, receptacles, advertising, sample books, promotional material,

stationery or other materials in the possession, custody, or under the control of Cikovic

that are found to adopt or to infringe any of Alex and Anis patents, trademarks, or Trade

Dress or that otherwise unfairly compete with Alex and Ani and its products and services;

9. An order compelling Cikovic to account to Alex and Ani for any and all profits derived

by Cikovic from the sale or distribution of the Infringing Goods as described herein.

DEMAND FOR JURY TRIAL

Alex and Ani, LLC demands trial by jury for all issues so triable.

Dated: August 30, 2013

Respectfully submitted,

DICKINSON WRIGHT PLLC

s/ Autumn L. Gentry

Autumn L. Gentry (No. 20766)

Fifth Third Center, Suite 1401

424 Church Street

Nashville, Tennessee 37219-2392

(615) 244-6538

Attorneys for Plaintiff

Alex And Ani, LLC d/b/a Alex and Ani22428980v.1



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Exhibit A

Case 3:13-cv-00526 Document 1-1 Filed 09/03/13 Page 1 of 9 PageID #: 22


23/55Case 3:13-cv-00526 Document 1-1 Filed 09/03/13 Page 2 of 9 PageID #: 23


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Exhibit B



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Exhibit C



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37/55

Exhibit D



38/55

ViewDeal

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On Trend: Alex and Ani inspired birthstonebracelet$68 value for $16!

TELL YOUR PEEPS & GET REWARDS

The Deal

Alex and Ani inspired birthstone charm bracelet ($68 value)

Twometal coloroptions: silver or gold

Choose your favorite color or birthstone from a rainbow of zircon charms

Wear it alone or stacked with other bracelets

Shipping included

Promotion ExpiresDecember 7, 2013

Show off your superior sense of style with this Alex and Ani-inspired charm

bracelet. Available today for only $16, this super-trendy AA-inspired design

features a large cut-glass zircon charm on an expandable wire bracelet. Choose

your favorite color (or birthstone) from a rainbow of zircon charms, and thenfurther customize yourpiece with your choice ofmetal - Russian Silveror

Russian Gold.Two matching metal charms complete thestylish look.

The Details

$16 for an Alex and Ani inspired birthstone charm bracelet ($68 value)

Cash refunds up to 14 days after date of purchase. See Terms of Service forrefu nddetails. Limit 3 per customer. May buy 3 additional as gifts. Valid only for optionpurchased. Online redemptionvia merchant website required tocomplete order;voucher not valid for redemption until 24 hours after purchase. Shipping included.Entire voucher value must be redeemed during a single transaction. No cash valueor cash back. Not valid on tax. Voucher cannot be combined or used in conjunctionwithany other offer, coupon or promotion. Merchant will abide by gift certificatestate laws.

Merchant's refund & shipping policy applies: http://bit.ly/1bwgAyL

The Merchant, not DealChicken, is solely responsible for this Deal. This Deal issubject to the Terms of Service and HOW DEALCHICKENWORKS.

Eggstra! Eggstra!

During the 1940s, American soldiers who traveled through Europe and Asia

picked up charms as souvenirs to take back as gifts to theirwives.

VALUE

$68DISCOUNT

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$52

$16

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The Business

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40/55

ViewDeal

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VIEW DEAL $179

VIEW DEAL $29

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$89


$10

On Trend: AlexandAni inspiredbirthstonebracelet

$16

Universal carmount

$9

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It'sHatched!

869BOUGHT

Alex and Ani inspired charm bracelet +matching bangle$68 value for $16!


The Deal

Freematching Swarovski single row bangle

Twometal coloroptions: silver or gold


To view color and charm options, click here

Shipping included


Snag oneof this season's hottest styles for less with today's deal. For $22, get a

trendy Alex and Ani-inspired Swarovski Energy Charm Bracelet, a $68 value and

a huge savings off of the designer price. The shining star of this stylish bracelet is

a large crystal charm made from Swarovski Elements; multiple colors areavailable, so you can customize your bracelet with your birthstone or simply

select your favorite color. This must-have accessory looksbeautiful all on its

own, or create a more dramaticlo ok by layering multiple bracelets.

The Details

$16 for an Alex and Ani inspired Swarovski energy charm bracelet + matching

bangle ($68 value)




Eggstra! Eggstra!

During the 1940s, American soldiers who traveled through Europe and Asia

picked up charms as souvenirs to take back as gifts to theirwives.

VALUE

$68DISCOUNT

76%SAVINGS

$52

$16


The Business

BellezaJewelry.com

http://bit.ly/16p71jb

Time is Limited!



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41/55

VIEW DEAL $60

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Page 2 of 2Alex and Ani inspired charm bracelet + matching bangle | DealChicken.com




42/55

ViewDeal

Today's Deal


VIEW DEAL $179

VIEW DEAL $29

VIEW DEAL $68

VIEW DEAL $40

VIEW DEAL $30

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$89


$10

On Trend: AlexandAni inspiredbirthstonebracelet

$16

Universal carmount

$9

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$10

It'sHatched!

895BOUGHT

Alex and Ani inspired triple-charmexpandable bracelet$68 value for $16!


The Deal

$16 for a Alex and Ani (AA)-inspired triple-charm wire bracelet ($68 value)

Comes in Russian silver or Russian gold color


Over 20 different options to choose from

To view color and charm options, click here

Shipping included


DealChicken knows that the first step to leading a charmed life is to own a

charm bracelet, and today's deal makes that areality. For $16, get an Alex and

Ani (AA)-inspired triple-charm bracelet. The bracelet comes in Russian silver orRussian gold and features an expandable wire design. It contains a large metal

swan charm and two smaller heart and angel charms and plenty of room to add

more. Depending on the occasion, wear the fashionable piece of jewelry alone

or stackit with other bracelets.

The Details

$16 for an Alex and Ani inspired triple-charm expandable bracelet ($68 value)




Eggstra! Eggstra!

Charms are traditionally thought toprovide luck or protection to the wearer.

They were first documented on the women of ancient Egypt around 3000 B.C.!

VALUE

$68DISCOUNT

76%SAVINGS

$52

$16


TIME REMAINING TO BUY

3 days 06:42:23

The Business

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VIEW DEAL $60

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$14







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Page 2 of 2Alex and Ani inspired triple-charm expandable bracelet | DealChicken.com




44/55

Exhibit E



45/55

18

HRS

40

MIN

28

SEC

VALUE

$68

Belleza Jewelryview website

Inspired by the Alex and Ani bangle bracelet line

Includes birthstone and 2 charms - wings and a heart - and room to add as many charms asyou like

Choose from Russian Silver or Gold metal

Cut glass zircon birthstone charms come in a rainbow of colors: amber, clear, amethyst, darkamethyst, emerald, aqua, lemon, pink, sapphire, peridot, gold, blue and ruby

Alex and Ani-Inspired Birthstone Charm BraceletAvailable in Gold and Silver | 13 Stone Color Choices l Free Shipping

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$16

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46/55

Asdfs (Not You?) |How It Works|F.A.Q

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47/55

$16Buy Now!

View deal at Deal Chicken

76%SAVINGS

$68PRICE

8 Days,07:57:40

15

Report an error

BellezaJewelry.com

Alex and Ani (AA)-inspired birthstone charm braceletby Deal Chicken

Description

Show off your superior sense of style with this Alex and Ani-inspired

charm bracelet. Available today for only $16, this super-trendy AA-

inspired design features a large cut-glass zircon charm on an expandable

wire bracelet. Choose your favorite color (or birthstone) from a rainbow

of zircon charms, and then further customize your piece with your

choice of metal - Russian Silver or Russian Gold. Two matching metal

charms complete the stylish look.

$OH[DQG$QL$$LQVSLUHGELUWKVWRQHFKDUPEUDFHOHW

value)

7ZR PHWDO FRORU RSWLRQV VLOYHU RU JROG

&KRRVH\RXUIDYRULWHFRORURUELUWKVWRQHIURPDUDLQERZRI

zircon charms

:HDULWDORQHRUVWDFNHGZLWKRWKHUEUDFHOHWV

6KLSSLQJLQFOXGHG

BellezaJewelry.com

http://bit.ly/1essZkk

Online Redemption Mclean, VA 22102

Terms & Conditions

Cash refunds up to 14 days after date of purchase. See Terms

of Service for refund details. Limit 3 per customer. May buy 3

additional as gifts. Valid only for option purchased. Online

redemption via merchant website required to complete order;

voucher not valid for redemption until 24 hours after

purchase. Shipping included. Entire voucher value must be

redeemed during a single transaction. No cash value or cash

back. Not valid on tax. Voucher cannot be combined or used

in conjunction with any other offer, coupon or promotion.

Merchant will abide by gift certificate state laws. Merchant's

refund & shipping policy applies: http://bit.ly/1bwgAyL

Page 2 of 6Alex and Ani (AA)-inspired birthstone charm bracelet Daily Deals Coupons by DealSurf....

8/29/2013http://www.dealsurf.com/deal/r/5205254cdbea9398001747/denver/alex-and-ani-aa-inspire...



48/55

AO 120 (Rev. 08/10)

TO:Mail Stop 8

Director of the U.S. Patent and Trademark Office

P.O. Box 1450

Alexandria, VA 22313-1450

REPORT ON THE

FILING OR DETERMINATION OF AN

ACTION REGARDING A PATENT OR

TRADEMARK

In Compliance with 35 U.S.C. 290 and/or 15 U.S.C. 1116 you are hereby advised that a court action has been

filed in the U.S. District Court on the following

G Trademarks or G Patents. ( G the patent action involves 35 U.S.C. 292.):

DOCKET NO. DATE FILED U.S. DISTRICT COURT

PLAINTIFF DEFENDANT

PATENT OR

TRADEMARK NO.

DATE OF PATENT

OR TRADEMARKHOLDER OF PATENT OR TRADEMARK

1

2

3

4

5

In the aboveentitled case, the following patent(s)/ trademark(s) have been included:

DATE INCLUDED INCLUDED BY

G Amendment G Answer G Cross Bill G Other Pleading

PATENT OR

TRADEMARK NO.

DATE OF PATENT

OR TRADEMARK HOLDER OF PATENT OR TRADEMARK

1

2

3

4

5

In the aboveentitled case, the following decision has been rendered or judgement issued:

DECISION/JUDGEMENT

CLERK (BY) DEPUTY CLERK DATE

Copy 1Upon initiation of action, mail this copy to Director Copy 3Upon termination of action, mail this copy to Director

Copy 2Upon filing document adding patent(s), mail this copy to Director Copy 4Case file copy

- - --

- - --



49/55

AO 120 (Rev. 08/10)

TO:Mail Stop 8

Director of the U.S. Patent and Trademark Office

P.O. Box 1450

Alexandria, VA 22313-1450

REPORT ON THE

FILING OR DETERMINATION OF AN

ACTION REGARDING A PATENT OR

TRADEMARK

In Compliance with 35 U.S.C. 290 and/or 15 U.S.C. 1116 you are hereby advised that a court action has been

filed in the U.S. District Court on the following

G Trademarks or G Patents. ( G the patent action involves 35 U.S.C. 292.):

DOCKET NO. DATE FILED U.S. DISTRICT COURT

PLAINTIFF DEFENDANT

PATENT OR

TRADEMARK NO.

DATE OF PATENT

OR TRADEMARKHOLDER OF PATENT OR TRADEMARK

1

2

3

4

5

In the aboveentitled case, the following patent(s)/ trademark(s) have been included:

DATE INCLUDED INCLUDED BY

G Amendment G Answer G Cross Bill G Other Pleading

PATENT OR

TRADEMARK NO.

DATE OF PATENT

OR TRADEMARK HOLDER OF PATENT OR TRADEMARK

1

2

3

4

5

In the aboveentitled case, the following decision has been rendered or judgement issued:

DECISION/JUDGEMENT

CLERK (BY) DEPUTY CLERK DATE

Copy 1Upon initiation of action, mail this copy to Director Copy 3Upon termination of action, mail this copy to Director

Copy 2Upon filing document adding patent(s), mail this copy to Director Copy 4Case file copy

- - --

- - --



50/55

CIVIL COVER SHEET

(SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

. (a) PLAINTIFFS DEFENDANTS

(b)

(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

(c) (Firm Name, Address, and Telephone Number) (If Known)

I. BASIS OF JURISDICTION(Placean Xin OneBox Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for (For Diversity Cases Only) and One Box for Defendant

PTF DEF PTF D

(U.S. Government Not a Party) or

and

(Indicate Citizenship of Parties in Item III)

V. NATURE OF SUIT (Place an X in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

PERSONAL INJURY PERSONAL INJURY

PROPERTY RIGHTS

LABOR SOCIAL SECURITY

PERSONAL PROPERTY

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS FEDERAL TAX SUITS

Habeas Corpus:

IMMIGRATION

Other:

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

(specify)

VI. CAUSE OF ACTION

(Do not cite jurisdictional statutes unless diversity)

VII. REQUESTED IN

COMPLAINT:

CLASS ACTION DEMAND $

JURY DEMAND:

VIII. RELATED CASE(S)

IF ANY(See instructions):

FOR OFFICE USE ONLY

- -

y yy -

- -- -- - -

-

-



51/55

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

I.(a) Plaintiffs-Defendants.

(b) County of Residence.

(c) Attorneys.

II. Jurisdiction.

. ; NOTE: federal question actions take precedence over diversity

cases.

III. Residence (citizenship) of Principal Parties.

IV. Nature of Suit.

V. Origin.

VI. Cause of Action. Do not cite jurisdiction

statutes unless diversity.

VII. Requested in Complaint.

VIII. Related Cases.

Date and Attorney Signature.



52/55

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TENNESSEE

NORTHERN DIVISION

ALEX AND ANI, LLC, d/b/a

Alex and Ani,

Plaintiff ,

v.

DEBRA CIKOVIC, d/b/a

Belleza Jewelry,

Defendant.

)

))

)

)

)

)

)

)

)

)

Civ. Action No. __________

JUDGE___________

JURY TRIAL DEMANDED

CORPORATE DISCLOSURE STATEMENT

Pursuant to Federal Rule of Civil Procedure 7.1, Plaintiff, Alex and Ani, LLC, d/b/a Alex and

Ani, makes the following disclosures:

1. All parent corporations, if any, of the named party:Not Applicable.

2. All publicly held companies, if any, that own ten (10) percent or more of thenamed partys stock:

Not Applicable.

Dated: August 30, 2013

Respectfully submitted,

DICKINSON WRIGHT PLLC

s/ Autumn L. Gentry

Autumn L. Gentry (No. 20766)



53/55

2

Fifth Third Center, Suite 1401

424 Church Street

Nashville, Tennessee 37219-2392

(615) 244-6538

Attorneys for PlaintiffAlex And Ani, LLC d/b/a Alex and Ani

22430900v.1



54/55

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURTfor the

__________ District of __________

)

)))))))))))

Plaintiff(s)

v. Civil Action No.

Defendant(s)

SUMMONS INA CIVIL ACTION

To: (Defendants name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.You also must file your answer or motion with the court.

CLERK OF COURT

Date:Signature of Clerk or Deputy Clerk

Eastern District of Tennessee

- --



55/55

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(Thi s section should n ot be fil ed with the cour t u nless requir ed by F ed. R. Civ. P. 4 (l ))

This summons for(name of individual and title, if any)

was received by me on (date) .

I personally served the summons on the individual at (place)

on (date) ; or

I left the summons at the individuals residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individuals last known address; or

I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)

on (date) ; or

I returned the summons unexecuted because ; or

Other(specify):

.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:Servers signature

Printed name and title

Servers address

Additional information regarding attempted service etc:

Documents

Alex and Ani LLC v. Cikovic - Compaint