IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

Kirch Industrial Co. (U.S.A.) Ltd., Plaintiff, v. Westminster, Inc. and Arber Company, Inc. d/b/a The Planet Shops, Defendants.

Civil Action No. ______________

COMPLAINT

PARTIES Plaintiff, Kirch Industrial Co. (U.S.A.) Ltd., by its counsel, and for its Complaint against Defendants, Westminster, Inc. and Arber Company, Inc., d/b/a The Planet Shops, alleges as follows:

1.

Plaintiff, Kirch Industrial Co. (U.S.A.) Ltd., is a corporation organized and

existing under the laws of the State of New York, having a principal place of business at 1966A Broadhollow Road, Farmingdale, NY 11735.

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Upon information and belief, Defendant, Westminster, Inc., is a corporation

organized and existing under the laws of the State of Georgia, having a principal place of business at 159 Armour Drive, NE, Atlanta, GA 30324 (hereinafter Defendant Westminster).

3.

Upon information and belief, Defendant, Arber Company, Inc. d/b/a The Planet

Shops, is a corporation organized and existing under the laws of the Commonwealth of Massachusetts, having a principal place of business at 39 Green Street, Waltham, MA 02451 (hereinafter Defendant Arber).

JURISDICTION AND VENUE 4. This action arises under the patent laws of the United States, 35 U.S.C. 1 et seq.

5.

This Court has subject matter jurisdiction over this dispute pursuant to 28 U.S.C.

1331 and 1338(a).

6.

This Court has personal jurisdiction over Defendant Westminster based upon its

contacts with this forum, including offering to sell and/or selling products into the Commonwealth of Massachusetts, namely, to Defendant Arber.

7.

This Court has personal jurisdiction over Defendant Arber based upon its contacts

with this forum, namely, that it has a principal place of business within the Commonwealth of Massachusetts. -2-

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Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b) and

1400(b).

9.

Plaintiff is the sole owner of U.S. Patent No. D621,725 that issued on August 17,

2010 (the 725 Patent). A copy of the 725 Patent is attached hereto as Exhibit A.

10.

On information and belief, Defendant Westminster has and/or is making,

importing, using, offering to sell, and/or selling a product under the mark TIME WARP and further identified as Item No. 2965 (hereinafter the Time Warp Clock) directly to retail and online stores throughout the United States, including the Commonwealth of Massachusetts. A copy of a web page from the web-site of Defendant Westminster offering for sale the Time Warp Clock is attached hereto as Exhibit B.

11.

Upon information and belief, Defendant Westminster has sold the Time Warp

Clock to Defendant Arber.

12.

Upon information and belief, Defendant Arber has offered for sale and sold the

Time Warp Clock directly to consumers throughout the United States thru its online store (www.wackyplanet.com). A copy of a web page from the web-site of Defendant Arber offering for sale the Time Warp Clock is attached hereto as Exhibit C.

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COUNT I - PATENT INFRINGEMENT BY DEFENDANT WESTMINSTER 13. Plaintiff re-alleges each and every allegation set forth in Paragraphs 1 through 12

as if fully alleged herein.

14.

Defendant Westminsters manufacture, import, use, offer for sale, and/or sale of

the Time Warp Clock infringes the 725 Patent under 35 U.S.C. 271.

15.

Defendant Westminsters infringement of the 725 Patent has caused and

continues to cause Plaintiff irreparable harm.

16.

Defendant Westminsters infringement of the 725 Patent has caused and

continues to cause Plaintiff monetary damage.

COUNT II - PATENT INFRINGEMENT BY DEFENDANT ARBER 17. Plaintiff re-alleges each and every allegation set forth in Paragraphs 1 through 12

as if fully alleged herein.

18.

Defendant Arbers use, offer for sale, and/or sale of the Time Warp Clock

infringes the 725 Patent under 35 U.S.C. 271.

19.

Defendant Arbers infringement of the 725 Patent has caused and continues to

cause Plaintiff irreparable harm.

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Defendant Arbers infringement of the 725 Patent has caused and continues to

cause Plaintiff monetary damage.

REQUESTED RELIEF Plaintiff requests this Court to enter judgment in favor of Plaintiff on the above counts and grant it the following relief: 1. That Defendant Westminster and Defendant Arber be preliminary

enjoined from making, importing, using, offering for sale, and/or selling the Time Warp Clock and/or any other product that infringes U.S. Patent No. D621,725; 2. That Defendant Westminster and Defendant Arber be permanently

enjoined from making, importing, using, offering for sale, and/or selling the Time Warp Clock and/or any other product that infringes U.S. Patent No. D621,725; 3. That Defendant Westminster and Defendant Arber provide an accounting

of the existing inventory of the Time Warp Clockand/or any other product that infringes U.S. Patent No. D621,725; 4. That Defendant Westminster provide a list of customers who purchased

and/or received the Time Warp Clock from Defendant Westminster and/or any other product that infringes U.S. Patent No. D621,725; 5. That Defendant Westminster recall the Time Warp Clock from any

customer who purchased and/or received the product from Defendant Westminster and/or any other product that infringes U.S. Patent No. D621,725;

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That Defendant Westminster provide the name and address of any

company that manufactured and/or supplied the Time Warp Clock to Defendant Westminster and/or any other product that infringes U.S. Patent No. D621,725; 7. That Defendant Westminster and Defendant Arber pay Plaintiff damages

as may be proved at trial, and in no event less than a reasonable royalty; 8. 9. 10. That Plaintiff be awarded interest on damages; That Plaintiff be awarded its reasonable attorney fees and costs; and Such other relief as this Court deems equitable and just.

REQUEST FOR A JURY Plaintiff hereby requests a jury on all issues triable by a jury.

Respectfully submitted,

Kirch Industrial Co. (U.S.A.) Ltd. By its Attorney, /s/ Steven N. Fox Steven N. Fox (BBO #554692) 62 South Main Street Sharon, MA 02067 (781) 821-8920 E-Mail: foxpatent1@gmail.com

Dated: 11-07-2011

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