Michael F.

Snyder, Esquire
John P. Sullivan, Esquire
VOLPE AND KOENIG, P.C.
United Plaza
30 S. 1 ih Street
Philadelphia, P A 19103
Telephone: (215) 568-6400
Facsimile: (215) 568-6499
Attorneys for Plaintiff,
Buzz Bee Toys) Inc.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
BUZZ BEE TOYS, INC.
Plaintiff,
v.
SWIMWAYS
CORPORATION, and
TARGET CORPORATION
Defendants.
CIVIL ACTION NO.
1: 14-cv-01948-JBS-KMW
Hon. Jerome B. Simandle, U.S.D.J.
Hon. Karen M. Williams, U.S.M.J.
JURY TRIAL DEMANDED
AMENDED VERIFIED COMPLAINT
As its Amended Verified Complaint, Plaintiff Buzz Bee Toys, Inc. ("Buzz
Bee") alleges against Defendants Swimways Corporation and Target Corporation
as follows:
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PARTIES
1. Plaintiff, Buzz Bee Toys, Inc. ("Buzz Bee") is a corporation organized
and existing under the laws of the State of Delaware, with a business address at
309 Fellowship Road, Suite 105,. Mt. Laurel, NJ 08054.
2. Upon information and belief, Defendant, Swim ways Corporation
("Swimways"), is a corporation organized under the laws of Virginia, having a
business address at 5816 Ward Court, Virginia Beach, VA 23455.
3. Upon information and belief, Defendant, Target Corporation
("Target"), is a Minnesota corporation with its principal place of business in
Minneapolis, Minnesota.
JURISDICTION AND VENUE
4. This action arises under the Lanham Act, 15 U.S.C. 1051, et seq.,
and under principles of state statutory and common law.
5. This Court has original jurisdiction over the subject matter of this
action pursuant to 15 U.S.C. 1121 and 28 U.S.C. 1331 and 1338 and has
supplemental j urisdiction pursuant to 28 U.S.C. 1367(a).
6. The amount in controversy is greater than $75,000. Upon information
and belief, there is diversity of citizenship between and among Buzz Bee and the
Defendants.
7. Venue is proper in this District pursuant to 28 U.S.C. 1391.
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8. Upon information and belief, Swimways is a company that conducts
business throughout the United States and has specifically conducted business
within the State of New Jersey, and within this District, and is subject to the
jurisdiction of this Court under New Jersey's long-arm statute.
9. Upon information and belief, Target is a company that conducts
business throughout the United States and has specificaHy conducted business
within the State of New Jersey, and within this District, and is subject to the
jurisdiction of this Court under New Jersey's long-arm statute.
BACKGROUND
10. Buzz Bee designs, creates, promotes, markets, distributes, and
provides customer support for various toys including water squirting toys ("Buzz
Bee's Product Line").
11. Buzz Bee's Product Line is sold through Buzz Bee Toys (HK) Ltd.,
and promoted throughout the United States, including in this District.
12. Each toy in Buzz Bee's Product Line has a unique ornamental
appearance, constituting distinctive and protectable trade dress, which are featured
in the packaging and display of the goods, and the goods themselves.
13. Buzz Bee is the owner of the trade dress in Buzz Bee's Product Line,
and all goodwill in Buzz Bee's Product Line inures to Buzz Bee.
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The AVENGER Water Squirting Toys
14. One of Buzz Bee toy products is the AVENGER water squirting toy,
shown in Exhibit A, part of Buzz Bee's WATER WARRIORS line, which has
been in use since at least 2007.
15. The AVENGER is packaged so that the product dominates the
packaging, and is immediately perceived by consumers viewing the packaging, as
shown in Exhibit A and reproduced below:
16. The AVENGER water squirting toys feature an inherently distinctive
appearance constituting a protectable trade dress.
17. The trade dress of the AVENGER water squirting toys can be
articulated as fo11ows, from the rear of the toy to the front of the toy: (i) a raised
portion (A) along the top of the rear body portion, having a downwardly sloping
body element (B) crossing forwardly along the rear body portion, a forward wavy
top projection (C) and a forward wavy lower projection (D) with a wave-like
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arcuate design pointing rearward (E) formed between the top projection and the
lower projection; (ii) an irregularly shaped inlay (F) having a forward point located
in the rear body portion; (ii i) a front and bottom body portion having a
complementary wave-like shape (G) to meet the rear body portion, a grip portion
having a raised back (H), a downwardly extending trigger guard portion (I) having
an arcuate design inlay (J) pointing forward, a forward raised conical portion (K);
(iv) a forward stock pmtion having three sloped ridges (L); and (v) a cylindrical
orange muzzle portion (M). These elements are shown in the annotated photo
shown as Exhibit B.
18. The packaging for the AVENGER water squirting toy prominently
displays the foregoing features set forth in paragraph 17, so that a consumer
viewing the packaging will immediately see and appreciate such features.
19. The trade dress in the AVENGER water squirting toy, both with the
packaging and removed from the packaging, is collectively referred to herein as the
"AVENGER Trade Dress."
20. The AVENGER Trade Dress is wholly non-functional. The water
squirting elements providing the function of the AVENGER water squirting toys
are internal mechanisms.
21. The AVENGER water squirting toy is a popular amongst consumers,
with over 100,000 units sold, totaling over $200,000 in sales.
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22. The AVENGER Trade Dress has been used in commerce
continuously and exclusively since at least 2007 in connection with water squirting
toys.
23. The AVENGER water squirting toy is and has been offered for sale
and sold through retail stores, including, but not limited to, Target, and is widely
available for purchase over the Internet.
24. The packaging for the AVENGER water squirting toys, including the
featured appearance of the AVENGER water squirting toys, is inherently
distinctive.
25. The AVENGER Trade Dress has additionally achieved distinctiveness
through, inter alia, at least six ( 6) consecutive years of use, promotion, marketing
and sales of the AVENGER water squirting toys, through various retail sources.
Through at least these efforts, the AVENGER Trade Dress has acquired secondary
meamng.
26. The AVENGER Trade Dress has come to represent Buzz Bee as the
source of origin of Buzz Bee's AVENGER water squirting toys.
27. The AVENGER Trade Dress has become uniquely associated with,
and hence identified with, Buzz Bee.
28. The AVENGER Trade Dress is an asset of significant value to Buzz
Bee as a symbol of the quality goods and the associated goodwill.
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29. In the at least six (6) consecutive years since the AVENGER Trade
Dress was adopted, consumers and users of water squitiing toys and the trade have
come to recognize the AVENGER Trade Dress as a designator of source for water
squirting toys.
30. By virtue of continuous and exclusive use in commerce of the
AVENGER Trade Dress for at least the last six (6) years im connection with water
squirting toys, the AVENGER water squirting toy has become well and favorably
known to the relevant trade and consuming public by vittue of the AVENGER
Trade Dress.
31. As a result of the more than six ( 6) years of promotion and sales of the
popular AVENGER water squirting toys featuring the AVENGER Trade Dress,
such trade dress has achieved a high degree of recognition and fame in the relevant
industry, signifying the AVENGER water squirting toys as high quality water
squirting toys, with Buzz Bee as the sole source of those water squirting toys.
32. Since long prior to the acts of Swimways complained of herein, the
public has come to associate AVENGER Trade Dress as a source designator for
Buzz Bee' s water squirting toys.
The KWIK GRIP XL Water Squirting Toys
33. One of Buzz Bee?s toy products is the KWIK GRIP XL water
squirting toy, pati ofBuzz Bee' s WATER WARRIORS line, which has been in use
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since at least 2003. Examples of the KWIK GRIP XL water squirting toys are
shown in Exhibit C.
34. The KWIK GRIP XL water squirting toys are packaged so that the
product dominates the packaging, and is immediately perceived by consumers
viewing the packaging, as shown in Exhibit C. The KWIK GRIP XL water
squirting toys are shown below in their three-pack packaging:
35. The KWIK GRIP XL water squirting toys feature an inherently
distinctive appearance constituting a protectable trade dress.
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36. The trade dress of the KWIK GRIP XL water squirting toys can be
articulated as follows, from the rear of the toy to the front of the toy: (i) a semi-
transparent dome fill tank [A]; (ii) an oval body element overlaying the tank [B];
(iii) a grip having two rear ridges [C]; (iv) a trigger guard having a ridged insert at
the front end of the trigger guard [D]; (v) side and top arcuate body pieces [E]; (vi)
a futuristic coil design element [F] having three forwardly-slanted "bubble"
protrusions [G] and a forwardly pointing "bubble" arrow portion [H] with a larger
dot [I] and a smaller dot [J]; and, (vii) a muzzle portion having horizontal ridges
[K]. These elements are shown in the annotated photo shown as Exhibit D.
37. The packaging for the KWIK GRIP XL water squirting toys
prominently displays the foregoing features set forth in paragraph 36, so that a
consumer viewing the packaging will immediately see and appreciate such
features.
38. The trade dress in the KWIK GRIP XL water squirting toys, both with
the packaging and removed from the packaging, is collectively referred to herein as
the "KWIK GRIP XL Trade Dress."
39. The KWIK GRIP XL Trade Dress is wholly non-functional. The
water squirting elements providing the function of the KWIK GRIP XL water
squirting toys are internal mechanisms.
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40. The KWIK GRIP XL water squirting toy is a popular amongst
consumers, with over 2,000,000 units sold, totaling over $4,000,000 in sales.
41. The KWIK GRIP XL water squirting toy has been used in commerce
continuously and exclusively since at least 2003 in connection with water squirting
toys.
42. The KWIK GRIP XL water squirting toy is and has been offered for
sale and sold through retail stores, including, but not limited to, Target, and widely
available for purchase over the Internet.
43. The packaging for the KWIK GRIP XL water squirting toys,
including the featured appearance of the KWIK GRIP XL water squirting toys, is
inherently distinctive.
44. The KWIK GRIP XL Trade Dress has additionally achieved
distinctiveness through, inter alia, at least ten (1 0) consecutive years of use,
promotion, marketing and sales of the KWIK GRIP XL water squirting toys,
through various retail sources. Through at least these efforts, the KWIK GRIP XL
Trade Dress has acquired secondary meaning.
45. The KWIK GRIP XL Trade Dress has come to represent Buzz Bee as
the source of origin of Buzz Bee's KWIK GRIP XL water squirting toys.
46. The KWIK GRIP XL Trade Dress has become uniquely associated
with, and hence identified with, Buzz Bee.
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4 7. The KWIK GRIP XL Trade Dress is an asset of significant value to
Buzz Bee as a symbol of the quality goods and the associated goodwill.
48. In the at least ten ( 1 0) years since the KWIK GRIP XL Trade Dress
has been in use, consumers and users of water squirting toys and the trade have
come to recognize the KWIK GRIP XL Trade Dress as a designator of source for
water squirting toys.
49. By virtue of continuous and exclusive use in commerce of the KWIK
GRIP XL Trade Dress for at least the last ten (10) years in connection with water
squirting toys, the KWIK GRIP XL water squirting toys have become well and
favorably known to the relevant trade and consuming public by virtue of the
KWIK GRIP XL Trade Dress.
50. As a result of the more than ten (10) years of promotion and sales of
the popular KWIK GRIP XL water squirting toys featuring the KWIK GRIP XL
Trade Dress, such trade dress has achieved a high degree of recognition and fame
in the relevant industry, signifying the KWIK GRIP XL water squirting toys as
high quality water squirting toys, with Buzz Bee as the sole source of those water
squirting toys.
51. Since long prior to the acts of Swimways complained of herein, the
public has come to associate KWIK GRIP XL Trade Dress as a source designator
for Buzz Bee's water squirting toys.
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The ARGON Water Squirting Toys
52. One of Buzz Bee' s toy products is the ARGON water squirting toy,
part of Buzz Bee's WATER WARRIORS line. Examples of the ARGON water
squirting toys are shown in Exhibit E.
53. The ARGON Trade Dress has been in use since at least 2004, and was
used through July 2009.
54. Buzz Bee plans to re-launch the ARGON water squirting toy featuring
the ARGON Trade Dress within the next year.
55. At no time did Buzz Bee plan to abandon or otherwise permanently
discontinue the ARGON water squirting toy featuring the ARGON Trade Dress.
56. The ARGON water squirting toys are packaged so that the product
dominates the packaging, and is immediately perceived by consumers viewing the
packaging, as shown in Exhibit E. The ARGON water squirting toy is shown
below:
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57. The ARGON water squirting toys feature an inherently distinctive
appearance constituting a protectable trade dress.
58. The trade dress of the ARGON water squirting toys can be articulated
as follows, from the rear of the toy to the front of the toy: (i) an upper tank portion
[A] defining the upper rear body; (ii) an overlaying side portion [B] including an
oval body element overlaying the tank [C], four futuristic bubble portions
extending downward adjacent the oval body element [D], and two forwardly
extending sweeping projections [E]; (iii) a grip having a ridged handle portion [F];
(iv) a lower central circular element [G] in front of the trigger guard, having radial
projections and ridges [H] for a "sun-like" appearance; (v) a forward side element
[I] including two bubble-like forwardly sloping upward projections [J] and a
forward oval element [K] ; (vi) a forwardly pointing L-shaped projection [L] along
the upper front spine of the body, defining a triangular opening [M]; (vii) a conical
muzzle portion having raised trapezoidal ridges [N]; and, (viii) a ridged forestock
grip [0]. These elements are shown in the annotated photo shown as Exhibit F.
59. The packaging for the ARGON water squirting toys prominently
displays the foregoing features set forth in paragraph 58, so that a consumer
viewing the packaging will immediately see and appreciate such features.
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60. The trade dress in the ARGON water squirting toys, both with the
packaging and removed from the packaging, is collectively referred to herein as the
"ARGON Trade Dress."
61. The ARGON Trade Dress is wholly non-functional. The water
squirting elements providing the function of the ARGON water squirting toys are
internal mechanisms.
62. The ARGON water squirting toy was and is popular amongst
consumers, with over 368,000 units sold, totaling over $1 ,584,000 in sales.
63. The ARGON Trade Dress was used in commerce continuously and
exclusively in connection with water squirting toys from November 2004 through
July 2009.
64. The ARGON water squirting toy had been offered for sale and sold
through retail stores, including, but not limited to, Target, and widely and was
available for purchase over the Internet.
65. The packaging for the ARGON water squirting toys, including the
featured appearance of the ARGON water squirting toys, is inherently distinctive.
66. The ARGON Trade Dress has additionally achieved distinctiveness
through, inter alia, at least four ( 4) consecutive years of use, promotion, marketing
and sales of the ARGON water squirting toys, through various retail sources.
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Through at least these efforts, the ARGON Trade Dress has acquired secondaty
mean mg.
67. The ARGON Trade Dress has come to represent Buzz Bee as the
source of origin of Buzz Bee's ARGON water squirting toys.
68. The ARGON Trade Dress has become uniquely associated with, and
hence identified with, Buzz Bee.
69. The ARGON Trade Dress is an asset of significant value to Buzz Bee
as a symbol of the quality goods and the associated goodwill.
70. In the at least four (4) years the ARGON Trade Dress was sold,
consumers and users of water squirting toys and the trade have come to recognize
the ARGON Trade Dress as a designator of source for water squirting toys.
71. By virtue of continuous and exclusive use in commerce of the
ARGON Trade Dress for at least four (4) years in connection with water squirting
toys, the ARGON water squirting toys have become well and favorably known to
the relevant trade and consuming public by virtue of the ARGON Trade Dress.
72. As a result of the at least four ( 4) years of promotion and sales of the
popular ARGON water squirting toys featuring the ARGON Trade Dress, such
trade dress has achieved a high degree of recognition and fame in the relevant
industry, signifying the ARGON water squirting toys as high quality water
squirting toys, with Buzz Bee as the sole source of those water squirting toys.
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73. Since long prior to the acts of Swimways complained of herein, the
public has come to associate ARGON Trade Dress as a source designator for Buzz
Bee' s water squirting toys.
The XENON Water Squirting Toys
74. One of Buzz Bee' s toy products is the XENON water squirting toy,
part of Buzz Bee's WATER WARRIORS line. Examples of the XENON water
squirting toys are shown in Exhibit G.
75. Tbe XENON Trade Dress has been in use since at least 2004, and was
used through July 2009.
76. Buzz Bee plans to re-launch the XENON water squirting toy featuring
the XENON Trade Dress within the next year.
77. At no time did Buzz Bee plan to abandon or otherwise permanently
discontinue the XENON water squirting toy featuring the XENON Trade Dress.
78. The XENON water squirting toys were packaged so that the product
dominates the packaging, and is immediately perceived by consumers viewing the
packaging, as shown in Exhibit G. The XENON water squirting toy is shown
below:
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79. The XENON water squirting toys feature an inherently distinctive
appearance constituting a protectable trade dress.
80. The trade dress of tlhe XENON water squirting toys can be articulated
as follows, from the rear of the toy to the front of the toy: (i) an upper tank portion
[A] defining the upper rear body; (ii) a rearwardly pointing fang-shaped portion
[B] defming a sticker-receiving area [C]; (iii) a grip having a ridged handle portion
[D]; (iv) a lower central circular element [E] in front of the trigger guard, having
radial projections and ridges [F] for a "sun-like" appearance; (v) futuristic bubble
projections [G] on the sides of the body between elements (ii) and (iv); (vi) a
forward side arrow-head shaped element [H] having a notch [I] in the rear portion;
(vii) a forwardly pointing L-shaped projection [J] along the upper front spine of the
body, defining a triangular inset pmtion [K]; (vii) a conical muzzle pmtion having
raised fins [L]; (viii) a ridges forestock grip [M]; and (ix) an oval rear side element
[N] . These elements are shown in the annotated photo shown as Exhibit H.
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81. The packaging for the XENON water squirting toys prominently
displays the foregoing features set forth in paragraph 80, so that a consumer
viewing the packaging will immediately see and appreciate such features.
82. The trade dress in the XENON water squirting toys, both with the
packaging and removed from the packaging, is collectively refened to herein as the
"XENON Trade Dress."
83. The XENON Trade Dress is wholly non-functional. The water
squirting elements providing the function of the XENON water squirting toys are
internal mechanisms.
84. The XENON water squirting toy was and is popular amongst
consumers, with over 238,000 units sold, totaling over $1,561,000 in sales.
85. The XENON Trade Dress was used in commerce in connection with
water squirting toys continuously and exclusively since at least November 2004
through July 2009.
86. The XENON water squirting toy was offered for sale and sold through
retail stores, including, but not limited to, Target, and widely available for
purchase over the Internet.
87. The packaging for the XENON water squirting toys, including the
featured appearance of the XENON water squirting toys, is inherently distinctive.
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88. The XENON Trade Dress has additionally achieved distinctiveness
through, inter alia, at least four ( 4) consecutive years of use, promotion, marketing
and sales of the XENON water squirting toys, through various retail sources.
Through at least these efforts, the XENON Trade Dress has acquired secondary
mean mg.
89. The XENON Trade Dress has come to represent Buzz Bee as the
source of origin of Buzz Bee's XENON water squirting toys.
90. Tbe XENON Trade Dress has become uniquely associated with, and
hence identified with, Buzz Bee.
91. The XENON Trade Dress is an asset of significant value to Buzz Bee
as a symbol of the quality goods and the associated goodwill.
92. In the at least four ( 4) the XENON Trade Dress was sold, consumers
and users of water squirting toys and the trade have come to recognize the
ARGON Trade Dress as a designator of source for water squirting toys.
93. By virtue of continuous and exclusive use in commerce of the
XENON Trade Dress for at least four (4) years in connection with water squirting
toys, the XENON water squirting toys have become well and favorably known to
the relevant trade and consuming public by virtue of the XENON Trade Dress.
94. As a result of the at least four ( 4) years of promotion and sales of the
popular XENON water squirting toys featuring the XENON Trade Dress, such
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trade dress has achieved a high degree of recognition and fame in the relevant
industry, signifying the XENON water squirting toys as high quality water
squitting toys, with Buzz Bee as the sole source of those water squirting toys.
95. Since long prior to the acts of Swimways complained of herein, the
public has come to associate XENON Trade Dress as a source designator for Buzz
Bee' s water squirting toys.
96. Buzz Bee's AVENGER, KWIK GRIP XL, ARGON, and XENON
water squirting toys are collectively referred to as "Buzz Bee' s WATER
WARRIORS Line," and the trade dress for Buzz Bee's WATER WARRIORS
Line described herein and shown in the attached Exhibits is referred to collectively
as "Buzz Bee's WATER WARRIORS Trade Dress".
97. A special 3-pack of the KWIK GRIP XL water squirting toys were
created exclusively for Target, as shown in attached Exhibit C, where the
packaging states, "ONLY AT [TARGET STORES SYMBOL]".
98. On or around August 2013, one of Target's buying agents in the water
squirting toys department informed Buzz Bee that for the 2014 sales season Target
would no longer be stocking Buzz Bee' s WATER WARRIORS Line featuring
Buzz Bee's WATER WARRIORS Trade Dress.
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Swimways' Kick-Offs of Buzz Bee's WATER WARRIORS Line and
Infringement of Buzz Bee's WATER WARRIORS Trade Dress
99. It was discovered by Buzz Bee that Swimways has targeted Buzz
Bee's WATER WARRIORS Line, knocking off and recreating the entire Buzz
Bee's WATER WARRIORS Line, using an infringing trade dress that is
confusingly similar to Buzz Bee's WATER W ARRJORS Trade Dress, and that
Target was now offering Swimways' infringing products in place of Buzz Bee's
WATER WARRIORS Line.
100. Swimways is selling knock-off and counterfeit copies of Buzz Bee's
WATER WARRIORS Line.
Swimways Infringing STORM Water Squirting Toy
101. A specimen of Swimways' STORM water squirting toy was
purchased from the Target store at Exton, PA, on February 7, 2014. Photographs
of the Swimways' STORM water squirting toys are shown in Exhibit I. A
photograph of the STORM water squirting toy is shown below:
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102. Upon information and belief, the price of the Swimways' STORM
water squirting toy is $7.99.
103. The Swimways' STORM is packaged, like Buzz Bee's AVENGER
water squirting toy, so that the product dominates the appearance of the packaging,
and is immediately apparent when a consumer views the product for sale.
104. Comparisons of Buzz Bee's AVENGER water squirting toy and
Swimways' STORM water squiding toy are shown below and in attached Exhibit
J:
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105. The Swimways' STORM water squirting toy is a "knock-off' copy of
Buzz Bee's AVENGER water squirting toy, copying precisely every design
element of the AVENGER Trade Dress.
106. Upon information and belief, and based on the exactness of the
copying, Swimways intentionally copied the AVENGER Trade Dress.
Swimways Infringing STRYKER Water Squirting Toy
107. A specimen of Swim ways ' STRYKER water squirting toy was
purchased from the Target store in Exton, PA, on February 7, 2014. Attached as
Exhibit K are photographs of Swimways' STRYKER water squirting toys.
108. The price of the three-pack of Swimways' STRYKER water squirting
toys was $5.99.
109. A comparison of Swimways' STRYKER water squirting toy and
Buzz Bee's KWIK GRIP XL water squirting toy, both as packaged and
unpackaged, are shown in attached Exhibit L and below:
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110. As shown by Exhibit L and above, Swimways' STRYKER water
squirting toy is a "knock-off' copy of Buzz Bee's KWIK GRIP XL water squirting
toy, copying precisely the design element of the KWIK GRIP XL Trade Dress.
111 . Upon information and belief, and based on the exactness of the
copying, Swimways intentionally copied the KWIK GRIP XL Trade Dress.
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Swimways Infringing TSUNAMI Water Squirting Toy
112. A specimen of Swimways ' TSUNAMI water squirting toy was
purchased from the Target store at Exton, PA, on February 7, 2014. Attached as
Exhibit Mare photographs of Swimways' TSUNAMI water squirting toy.
113. The price ofSwimways' TSUNAMI water squirting toy was $9.99.
114. A comparison of Swimways' TSUNAMI water squirting toy and
Buzz Bee's ARGON water squirting toy, both as packaged and unpackaged, are
shown in attached Exhibit N and below:
115. As shown by Exhibit N and above, Swimways' TSUNAMI water
squirting toy is a "knock-off' copy of Buzz Bee's ARGON water squirting toy,
copying precisely the design element of the ARGON Trade Dress.
116. Upon information and belief, and based on the exactness of the
copying, Swimways intentionally copied the ARGON Trade Dress.
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Swimways Infringing AVALANCHE Water Sguirting Toy
117. A specimen of Swimways' AVALANCHE water squirting toy was
purchased from the Target store at Exton, PA, on February 7, 2014. Attached as
Exhibit 0 are photographs of Swimways' AVALANCHE water squirting toy.
118. The price of Swimways' AVALANCHE water squirting toy was
$14.99.
119. A comparison of Swimways' AVALANCHE water squirting toy and
Buzz Bee's XENON water squirting toy, both as packaged and unpackaged, are
shown in attached Exhibit P and below:
120. As shown by Exhibit P and above, Swimways' AVALANCHE water
squirting toy is a "knock-off' copy of Buzz Bee's XENON water squirting toy,
copying precisely the design element of the XENON Trade Dress.
121. Upon information and belief, and based on the exactness of the
copying, Swimways intentionally copied the XENON Trade Dress.
122. Swimways' infringing STORM, STRYKER, TSUNAMI and
AVALANCHE water squirting toys are collectively referred to as "Swimways'
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Infringing Line", and the trade dress in Swimways' Infringing Line is refened to
collectively as ((Swimways' Infringing Trade Dress."
123. Upon information and belief, the acts of Swimways' complained of
herein were done in bad faith, and were willfully and intentionally designed to
damage and trade upon the previously established goodwill of Buzz Bee in the
Buzz Bee WATER WARRIORS Trade Dress.
124. Upon information and belief, the acts of Swimways' complained of
herein were undertaken by Swimways to purposefully displace and/or replace Buzz
Bee's WATER WARRIORS Line from Target stores, and replace Buzz Bee's
WATER WARRIORS Line from Target stores with infringing copies.
Target's Activities in Replacing Buzz Bee's WATER WARRIORS Line with
Swim ways' Infringing Line of Knock-Offs
125. Prior to the acts complained of herein, Buzz Bee's WATER
WARRIORS Line featuring Buzz Bee's WATER WARRIORS Trade Dress were
sold through Target.
126. Upon information and belief, Target aided, abetted, assisted, induced
and/or contributed to Swimways in creating and/or selling the knock-offs of Buzz
Bee' s WATER WARRIORS Line, featuring Buzz Bee' s WATER WARRIORS
Trade Dress.
127. Upon information and belief, upon discontinuing selling Buzz Bee' s
water squirting toy product line, Target, with the assistance of with Swimways,
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sought to recreate, and did in recreate, the same water squirting gun product line,
having the same trade dress, or a confusingly similar trade dress, as the Buzz Bee's
WATER WARRIORS Line, featuring Buzz Bee's WATER WARRIORS Trade
Dress, in order to trade upon the established goodwill of Buzz Bee without
compensation to Buzz Bee and to Buzz Bee's detriment.
128. Upon information and belief, Target sought to offer a cheaper and/or
competing version of Buzz Bee's WATER WARRIORS Line, all while
maintaining the same trade dress as the Buzz Bee's WATER WARRIORS Trade
Dress, in order to trade upon the goodwill of Buzz Bee without compensation to
Buzz Bee.
129. Upon information and belief, Target's actions were willful, intentional
and in bad faith.
130. By the acts complained of herein, Target replaced on its store shelves
Buzz Bee's WATER WARRIORS Line with Swimways' Infringing Line of
knock-off water squirting toys, all to the detriment to Buzz Bee.
COUNT I
FEDERAL UNFAIR COMPETITION
AND FALSE DESIGNATION OF ORIGIN
(Swim ways)
131. The allegations of paragraphs 1 through 130 are incorporated herein
by reference as though fully set forth herein.
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132. This cause of action arises under the trademark laws of the United
States, Lanham Act 43(a), 15 U.S.C. 1125(a).
133. Swimways has adopted and is now using a colorable imitation of
Buzz Bee's WATER WARRIORS Trade Dress for goods which are identical to
those offered by Buzz Bee.
134. The trade dress and appearance of Swimways' Infringing Line has
caused and/or will cause a likelihood of consumer confusion with Buzz Bee's
WATER WARRIORS Trade Dress for water squirting toys ..
135. Upon information and belief, Swimways' Infringing Line is offered
through the same retail channels, to the same class of consumers, and at similar
price points, as Buzz Bee's WATER WARRIORS Line.
136. The trade dress and appearance of Swimways' Infringing Line is
confusingly similar to the trade dress of Buzz Bee's WATER WARRIORS Line.
137. Swimways' use of a colorable imitation of the Buzz Bee's WATER
WARRIORS Trade Dress in connection with Swimways' Infringing Line will
cause customers and potential customers to mistakenly attribute the properties and
reputation of Buzz Bee's WATER WARRIOR Line to Swimways' Infringing
Line.
138. Buzz Bee has no control over the quality of goods which are provided,
promoted, advertised or sold by Swimways, with the result that Buzz Bee's
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valuable goodwill with respect to Buzz Bee's WATER WARRIORS Trade Dress
may be irreparably injured by the acts of Swimways complained of herein.
139. By the acts complained of herein, by offering Swimways Infringing
Line of water squirting toys that are a colorable imitation of Buzz Bee's WATER
WARRIORS Trade Dress and are confusingly similar to Buzz Bee's WATER
WARRIORS Trade Dress, Swimways has caused or is likely to cause confusion as
to the source of Swim ways Infringing Line.
140. Tbe use by Swimways of a colorable imitation of Buzz Bee's
WATER WARRIORS Trade Dress in connection with Swimways' Infringing
Line, and to advertise and promote Swim ways' Infringing Line, constitutes unfair
competition, a false description and representation and a false designation of the
origin of Swimways' goods and constitutes unfair competition, all in violation of
Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a).
141. Upon information and belief, Swimways' acts complained of herein
are likely to cause and/or have caused confusion, subliminal confusion, post-sale
confusion, initial interest confusion, reverse confusion, mistake and/or deception
among consumers, potential consumers, the trade or the public.
142. Upon information and belief, Swimways' acts complained of herein
constitute passing off and/or reverse passing off.
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143. By means and as a resuh of said unfair competition and false
designation of origin, Buzz Bee has suffered and continues to suffer serious and
substantial injury, including irreparable injury for which Buzz Bee has no adequate
remedy at law.
COUNT II
NEW JERSEY STATE STATUTORY
UNFAIR COMPETITION
(Swim ways)
144. The allegations of paragraphs 1 through 143 are incorporated herein
by reference as though fully set forth herein.
145. This cause of action arises under the laws of the State of New Jersey
statutes N.J.S.A. 56:4-1, et. seq ..
146. Swimways' aforementioned conduct in copymg the Buzz Bee's
WATER WARRIORS Trade Dress constitutes unfair competition and trade dress
infringement pursuant to the laws of the State ofNew Jersey and the common law.
147. Upon information and belief, by the acts complained of herein,
Swimways has appropriated for its own use Buzz Bee's WATER WARRIORS
Trade Dress, and the reputation or goodwill belonging to Buzz Bee.
148. Upon information and belief, Swimways' acts complained of herein
are likely to cause and/or have caused confusion, subliminal confusion, post-sale
confusion, initial interest confusion, reverse confusion, mistake and/or deception
among consumers, potential consumers, the trade or the public.
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149. By means and as a result of said infringement, Buzz Bee has suffered
and continues to suffer serious and substantial injury, including irreparable injury
for which Buzz Bee has no adequate remedy at law.
COUNT III
NEW JERSEY TRADEMARK COUNTERFEITING ACT
(Swimways)
150. The allegations of paragraphs 1 through 149 are incorporated herein
by reference as though fully set fmth herein.
151. Tbis cause of action arises under the common law, and the law of the
State ofNew Jersey statutes N.J.S.A. 56:3-13.16.
152. Swimways' aforementioned conduct m copymg the Buzz Bee's
WATER WARRIORS Trade Dress constitutes counterfeiting pursuant to the laws
of the State of New Jersey.
153. Upon information and belief, by the acts complained of herein,
Swimways has used, without consent of Buzz Bee, a reproduction, counterfeit,
copy, and/or colorable imitation of Buzz Bee' s WATER WARRIORS Trade Dress
in connection with the sale, distribution, offering for sale, or advertising in New
Jersey of Swimways' Infringing Line, which use is likely to cause confusion or
mistake or to deceive as to the source of origin of the parties' goods.
154. Upon information and belief, by the acts complained of herein,
Swimways has engaged in the reproduction, counterfeiting, copying and/or
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colorable imitation of, Buzz Bee's WATER WARRIORS Trade Dress and the
application of a reproduction, counterfeit, copy and/or colorable imitation of Buzz
Bee's WATER WARRIORS Trade Dress to packages intended to be used upon or
in connection with the sale or other distribution in New Jersey of Swimways'
Infringing Line.
155. By means and as a result of said counterfeiting, Buzz Bee has suffered
and continues to suffer serious and substantial injury, including irreparable injury
for which Buzz Bee has no adequate remedy at law.
COUNT IV
COMMON LAW UNFAIR COMPETITION
(Swim ways)
156. The allegations of paragraphs 1 through 155 are incorporated herein
by reference as though fully set forth herein.
157. This cause of action arises under the common law.
158. Swimways' aforementioned conduct constitutes unfair competition.
159. Upon information and belief, Swimways' conduct complained of
herein was and in oppressive, fraudulent and malicious, entitling Buzz Bee to an
award of punitive damages.
160. By means and as a result of said unfair competition, Buzz Bee has
suffered and continues to suffer serious and substantial injury, including
irreparable injury for which Buzz Bee has no adequate remedy at law.
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COUNTV
UNJUST ENRICHMENT
(Swim ways)
161. The allegations of paragraphs 1 through 160 are incorporated herein
by reference as though fully set forth herein.
162. This cause of action arises under the common law.
163. Upon information and bel ief, by the acts complained of herein,
Swimways has received a benefit from copying Buzz Bee's WATER WARRIORS
Trade Dress, and retention of that benefit without payment to Buzz Bee would be
unjust.
164. Upon information and belief, by the acts complained of herein,
Swimways has been unjustly enriched.
165. By means and as a result of said unjust enrichment, Buzz Bee has
suffered and continues to suffer serious and substantial injury, including
irreparable injury for which Buzz Bee has no adequate remedy at law.
COUNT VI
TORTIOUS INTERFERENCE WITH
PROSPECTIVE ECONOMIC ADVANTAGE
(Swimways)
166. The allegations of paragraphs 1 through 165 are incorporated herein
by reference as though fully set forth herein.
167. Buzz Bee had a reasonable expectation of economic advantage by the
continued sales ofBuzz Bee's WATER WARRIORS Line in Target stores.
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168. Buzz Bee had a reasonable expectation of economic advantage by
having Buzz Bee's WATER WARRIORS Trade Dress remain unique to Buzz Bee,
whereby if Target sought to offer water squirting toys with that trade dress or a
similar trade dress, it would have to be rightfully be acquired from Buzz Bee or at
Buzz Bee's direction or with Buzz Bee's permission or approval.
169. By the acts complained of herein, Swimways intentionally and
maliciously interfered with Buzz Bee's reasonable expectation of economic
advantage, by, inter alia, replacing Buzz Bee's goods on Target's shelves with
knock-offs.
170. By the acts complained of herein, Target was able to replace Buzz
Bee's Buzz Bee's WATER WARRIORS Line featuring Buzz Bee's WATER
WARRIORS Trade Dress, with direct knock-offs made by Swimways, replacing
and/or displacing Buzz Bee' s WATER WARRIORS Line, and trading upon the
established goodwill of Buzz Bee's, all to the detriment of Buzz Bee and without
compensation to Buzz Bee.
171. By the acts complained of herein, Target was able to cease buying the
Bee's Buzz Bee's WATER WARRIORS Line featuring Buzz Bee's WATER
WARRIORS Trade Dress, and obtain effectively the identical goods bearing a
confusingly similar trade dress from Swimways.
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172. Upon infmmation and belief, the acts of Swimways complained of
herein were done with the intention of, and had the result of, replacing and/or
displacing Buzz Bee's WATER WARRIORS Line from Target shelves with direct
knock-offs offered by Swimways.
173. Upon infmmation and belief, the acts of Swimways complained of
herein were done intentionally and without justification or excuse.
174. Buzz Bee has suffered actual damages as a result of Swimways' acts
complained of herein, including, but not limited to, loss of sales of the Bee' s Buzz
Bee's WATER WARRIORS Line featuring Buzz Bee's WATER WARRIORS
Trade Dress to Target.
175. Buzz Bee has suffered damage to the goodwill established in Buzz
Bee' s WATER WARRIORS Trade Dress, whereby a large retailer such as Target
is offering infringing goods that copy Buzz Bee's WATER WARRIORS Trade
Dress.
176. By means and as a result of said tortious interference, Buzz Bee has
suffered and continues to suffer serious and substantial injury, including
irreparable injury for which Buzz Bee has no adequate remedy at law.
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COUNT VII
TORTIOUS INTERFERENCE WITH
ECONOMIC ADVANTAGE
(Swimways)
177. The allegations of paragraphs 1 through 176 are incorporated herein
by reference as though fully set fmih herein.
178. Swimways' acts of tortuously interfering with Buzz Bee's economic
advantage were done with knowledge of Buzz Bee's reasonable expectation of
economic advantage, as Swimways copied Buzz Bee's goods and replaced and/or
displaced Buzz Bee's goods from the Target store shelves with knock-off goods.
179. By means and as a result of said tortious interference, Buzz Bee has
suffered and continues to suffer serious and substantial injury, including
irreparable injury for which Buzz Bee has no adequate remedy at law.
COUNT VIII
FEDERAL UNFAIR COMPETITION
AND FALSE DESIGNATION OF ORIGIN
(Target)
180. The allegations of paragraphs 1 through 179 are incorporated herein
by reference as though fully set forth herein.
181. This cause of action arises under the trademark laws of the United
States, Lanham Act 43(a), 15 U.S.C. 1125(a).
182. Target is selling, offering for sale, marketing, advertising and/or
promoting water squirting toys that are a colorable imitation of Buzz Bee's
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WATER WARRIORS Trade Dress for goods which are identical to those offered
by Buzz Bee.
183. Upon information and belief, Target has aided, abetted, induced
and/or contributed to Swimways' creation, sale and/or distribution of colorable
imitations of Buzz Bee's WATER WARRIORS Trade Dress, in order to replace
Buzz Bee's WATER WARRIORS Line in Target stores with those of a direct
competitor.
184. By means and as a resuh of said unfair competition and false
designation of origin, Buzz Bee has suffered and continues to suffer serious and
substantial injllry, including irreparable injury for which Buzz Bee has no adequate
remedy at law.
COUNT IX
NEW JERSEY STATE STATUTORY
UNFAIR COMPETITION
(Target)
185. The allegations of paragraphs 1 through 184 are incorporated herein
by reference as though fully set forth herein.
186. This cause of action arises under the laws of the State of New Jersey
statutes N.J.S.A. 56:4-1, et. seq ..
187. Target's aforementioned conduct constitutes unfair competition and
trade dress infringement pursuant to the laws of the State of New Jersey and the
common law.
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188. Upon infmmation and belief, Target's acts complained of herein are
likely to cause and/or have caused confusion, subliminal confusion, post-sale
confusion, initial interest confusion, reverse confusion, mistake and/or deception
among consumers, potential consumers, the trade or the public.
189. By means and as a result of said infringement, Buzz Bee has suffered
and continues to suffer serious and substantial injury, including irreparable injury
for which Buzz Bee has no adequate remedy at law.
COUNT X
NEW JERSEY TRADEMARK COUNTERFEITING ACT
(Target)
190. The allegations of paragraphs 1 through 189 are incorporated herein
by reference as though fully set forth herein.
191. This cause of action arises under the common law, and the law of the
State ofNew Jersey statutes N.J.S.A. 56:3-13.16.
192. Target's aforementioned conduct in aiding, abetting, inducing and/or
contributing to the copying of Buzz Bee' s WATER WARRIORS Trade Dress, and
selling Swimways' Infringing Line, constitutes counterfeiting pursuant to the laws
of the State of New Jersey.
193. Upon information and belief, by the acts complained of herein, Target
has used, directly or indirectly, without consent of Buzz Bee, a reproduction,
counterfeit, copy, and/or colorable imitation of the Buzz Bee's WATER
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WARRIORS Trade Dress in connection with the sale, distribution, offering for
sale, or advertising in New Jersey of Swimways' Infringing Line, which use is
likely to cause confusion or mistake or to deceive as to the source of origin of the
parties' goods.
194. Upon information and belief, by the acts complained ofherein, Target
has engaged, directly or indirectly, in the reproduction, counterfeiting, copying
and/or colorable imitation of, Buzz Bee's WATER WARRIORS Trade Dress and
the application of a reproduction, counterfeit, copy and/or colorable imitation of
Buzz Bee's WATER WARRIORS Trade Dress to packages intended to be used
upon or in connection with the sale or other distribution in New Jersey of the
Swimways' Infringing Line.
195. By means and as a result of said Buzz Bee has suffered
and continues to suffer serious and substantial injury, including irreparable injury
for which Buzz Bee has no adequate remedy at law.
COUNT XI
COMMON LAW UNFAIR COMPETITION
(Target)
196. The allegations of paragraphs 1 through 195 are incorporated herein
by reference as though fully set forth herein.
197. This cause of action arises under the common law.
198. Target' s aforementioned conduct constitutes unfair competition.
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199. Upon infmmation and belief, Target's conduct complained of herein
was and in oppressive, fraudulent and malicious, entitling Buzz Bee to an award of
punitive damages.
200. By means and as a result of said unfair competition, Buzz Bee has
suffered and continues to suffer serious and substantial injury, including
irreparable injury for which Buzz Bee has no adequate remedy at law.
COUNT XII
UNJUST ENRICHMENT
(Target)
201. The allegations of paragraphs 1 through 200 are incorporated herein
by reference as though fully set forth herein.
202. This cause of action arises under the common law.
203. Upon information and belief, by the acts complained of herein, Target
has received a benefit from aiding, abetting, inducing and/or contributing to the
copying of Buzz Bee's WATER WARRIORS Trade Dress, and selling of
Swimways' Infringing Line, and retention of that benefit without payment to Buzz
Bee would be unjust.
204. Upon information and belief, by the acts complained of herein, Target
has been unjustly enriched.
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PRAYERS FOR RELIEF
WHEREFORE, Buzz Bee respectfully requests the following relief:
1. That Defendants, jointly and severally, be found by this Cowt to
infringe Buzz Bee's WATER WARRIORS Trade Dress;
2. That Defendants, jointly and severally, be found by this Court to have
committed unfair competition;
3. That Defendants, jointly and severally, be found by this Court to have
engaged in counterfeiting;
4. That Defendants, jointly and severally, be found by this Court to have
been unjustly enriched;
5. That Swimways be found by this Comt to have engaged in tortious
interference with business advantage, and tortious interference with prospective
business advantage;
6. That Defendants, their agents, officers, sales representatives, servants,
employees, associates, attorneys, successors and assigns, and any and all persons
or entities acting by, through, under or in active concert or in participation with any
or all of be preliminarily and pennanently enjoined by Order of this Court
from doing, abiding, causing, aiding or abetting any of the following:
(a) directly or indirectly infringing, or causing any third parties to
infringe, Buzz Bee's WATER WARRIORS Trade Dress;
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(b) directly or indirectly engaging in, or causing a third party to engage
in, any acts or activities calculated to trade upon and/or tarnish and/or dilute the
Buzz Bee's WATER WARRIORS Trade Dress, and/or the reputation or goodwill
of Buzz Bee, or in any manner to compete unfairly with Buzz Bee;
(c) directly or indirectly injuring, or causing third parties to injure, the
distinctive quality of the Buzz Bee's WATER WARRIORS Trade Dress;
(d) further violating Buzz Bee's intellectual property rights and goodwill;
(e) from otherwise competing unfairly with Buzz Bee in any manner
whatsoever; and,
(f) otherwise infringing the rights of Buzz Bee;
7. That Defendants take all necessary and appropriate steps to stop any
promotion, advertising or sales of Swimways' Infringing Line;
8. That the Court issue an Order directing Defendants to provide proof
that they have ceased infringing Buzz Bee's WATER WARRIORS Trade Dress
and have ceased all promotion, advertising or sales of Swimways' Infringing Line;
9. That Defendants tale all necessary and appropriate steps to recall for
destruction all copies of all products in Swimways' Infringing Line, as well as any
and all other materials incorporating any colorable imitation of Buzz Bee's
WATER WARRIORS Trade Dress;
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10. That Defendants be required to send a written notice acceptable to
Buzz Bee and to the Court to each of the customers or potential customers from
whom Defendant has received an order for any product in Swimways' Infringing
Line, notifying each customer that the orders have been cancelled;
11. The Defendants' acts of infringement, unfair competition,
counterfeiting and unjust enrichment be found to be willful and intentional ;
12. That Buzz Bee be awarded its actual damages and/or a disgorgement
of Defendants' profits, direct and indirect, for Defendants' infringements in an
amount to be determined at trial, to be increased to the maximum permitted by law,
for their acts of willful infringement;
13. That the Court award Buzz Bee its costs, including attorneys' fees,
and an assessment of interest;
14. That Defendants be directed to pay over to Buzz Bee all damages
suffered by Buzz Bee as a result of Defendants' acts herein complained of;
15. That Defendants be directed to pay over to Buzz Bee their profits
from Defendants' acts herein complained of;
16. That the Court award Buzz Bee's damages on the common law causes
of action;
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17. That the award of Buzz Bee's damages and Defendants' profits be
trebled as a result of Defendants' willful and deliberate infringement of Plaintiffs '
rights;
18. That the Court finds this case to be exceptional;
19. That Buzz Bee be awarded punitive damages for Defendants' willful
and deliberate, unlawful injwious acts complained of herein; and,
20. That the Court grant such other and further relief as it deems just and
proper.
JURY DEMAND
Plaintiff hereby demands a trial by jury on all issues so triable.
CERTIFICATION PURSUANT TO LOCAL CIVIL RULE 11.2
The undersigned hereby certifies, pursuant to Local Civil Rule 11.2, that
with respect to the matter in controversy herein, neither Plaintiff nor Plaintiffs
attorneys are aware of any other action pending in any court, or of any pending
arbitration or administrative proceeding, to which this matter is subject.
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Date: April lO, 2014
2985505-2
Respectfully submitted,
By s/Michael F. Snyder
Michael F. Snyder, Esquire
John P. Sullivan, Esquire
VOLPE AND KOENIG, P.C.
United Plaza
30 S. 1 ih Street
Philadelphia, P A 19103
Telephone: (215) 568-6400
Facsimile: (215) 568-6499
Attorneys for Plaintiff,
Buzz Bee Toys, Inc.
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VERIFICATION
I, Jeffrey Zimmerman, declare as follows:
I am President for Buzz Bee Toys, Inc. ("Buzz Bee"), Plaintiff herein. I
have read Buzz Bee's Amended Verified Complaint against Defendants,
Swimways Corporation and Target Corporation, filed concurrently with this
Verification, and know the contents thereof to be true based on my own personal
knowledge, except as to such matters therein based on my information and belief,
and as to these matters, I believe them to be true.
Pursuant to the provisions of28 U.S. C. 1746, I declare under penalty of
perjury that the foregoing is true and correct.
Executed on this lOth day of April, 2014.
47
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EXHIBIT A
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2963573-1



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2963573-1




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EXHIBIT B
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2961674-1







A
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D
F
G
H
H I J
C
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M
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EXHIBIT C
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2963587-1

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2963587-1



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EXHIBIT D
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2963595-1



A
B
C
D
E
F
G
H
J
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EXHIBIT E
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Case 1:14-cv-01948-JBS-KMW Document 7-5 Filed 04/10/14 Page 4 of 4 PageID: 223



EXHIBIT F
Case 1:14-cv-01948-JBS-KMW Document 7-6 Filed 04/10/14 Page 1 of 2 PageID: 224
2986581-1





A
B
C
D
E
F
G
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O
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EXHIBIT G
Case 1:14-cv-01948-JBS-KMW Document 7-7 Filed 04/10/14 Page 1 of 5 PageID: 226

2986648-1






Case 1:14-cv-01948-JBS-KMW Document 7-7 Filed 04/10/14 Page 2 of 5 PageID: 227

2986648-1




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2986648-1








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2986648-1




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EXHIBIT H
Case 1:14-cv-01948-JBS-KMW Document 7-8 Filed 04/10/14 Page 1 of 2 PageID: 231

2986653-1





A
B
C
D
E
F
G
M
J
H
L
I
K
N
Case 1:14-cv-01948-JBS-KMW Document 7-8 Filed 04/10/14 Page 2 of 2 PageID: 232


EXHIBIT I
Case 1:14-cv-01948-JBS-KMW Document 7-9 Filed 04/10/14 Page 1 of 2 PageID: 233

2963699-1





Case 1:14-cv-01948-JBS-KMW Document 7-9 Filed 04/10/14 Page 2 of 2 PageID: 234


EXHIBIT J
Case 1:14-cv-01948-JBS-KMW Document 7-10 Filed 04/10/14 Page 1 of 3 PageID: 235

2963773-1




Case 1:14-cv-01948-JBS-KMW Document 7-10 Filed 04/10/14 Page 2 of 3 PageID: 236

2963773-1



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EXHIBIT K
Case 1:14-cv-01948-JBS-KMW Document 7-11 Filed 04/10/14 Page 1 of 3 PageID: 238

2963792-1


Case 1:14-cv-01948-JBS-KMW Document 7-11 Filed 04/10/14 Page 2 of 3 PageID: 239

2963792-1

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EXHIBIT L
Case 1:14-cv-01948-JBS-KMW Document 7-12 Filed 04/10/14 Page 1 of 3 PageID: 241

2963818-1



Case 1:14-cv-01948-JBS-KMW Document 7-12 Filed 04/10/14 Page 2 of 3 PageID: 242

2963818-1





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EXHIBIT M
Case 1:14-cv-01948-JBS-KMW Document 7-13 Filed 04/10/14 Page 1 of 3 PageID: 244

2986711-1




Case 1:14-cv-01948-JBS-KMW Document 7-13 Filed 04/10/14 Page 2 of 3 PageID: 245

2986711-1



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EXHIBIT N
Case 1:14-cv-01948-JBS-KMW Document 7-14 Filed 04/10/14 Page 1 of 3 PageID: 247
2986719-1







Case 1:14-cv-01948-JBS-KMW Document 7-14 Filed 04/10/14 Page 2 of 3 PageID: 248
2986719-1





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EXHIBIT O
Case 1:14-cv-01948-JBS-KMW Document 7-15 Filed 04/10/14 Page 1 of 3 PageID: 250

2986732-1








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2986732-1



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EXHIBIT P
Case 1:14-cv-01948-JBS-KMW Document 7-16 Filed 04/10/14 Page 1 of 3 PageID: 253
2986737-1








Case 1:14-cv-01948-JBS-KMW Document 7-16 Filed 04/10/14 Page 2 of 3 PageID: 254
2986737-1



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