converse v. autonomie project - complaint

7/29/2019 Converse v. Autonomie Project - Complaint

http://slidepdf.com/reader/full/converse-v-autonomie-project-complaint 1/85

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

__________________________________________

)

CONVERSE INC., ))

Plaintiff, )

)

v. ) Civil Action No. 1:13-cv-12220

)

AUTONOMIE PROJECT, INC. )

)

Defendant. ) Jury Trial Demanded

__________________________________________)

COMPLAINT

Plaintiff, Converse Inc. (“Converse”), for its complaint against Defendant, Autonomie

Project, Inc. (“Autonomie”), based on provisional knowledge and on information and belief as

appropriate, alleges as follows:

The Parties

1. Converse is a corporation organized and existing under the laws of the State of

Delaware with a principal place of business at One High Street, North Andover, Massachusetts

01845.

2. On information and belief, Autonomie is a corporation organized and existing

under the laws of the State of Massachusetts with a principal place of business at 2 Hagar Street,

#2, Jamaica Plain, Massachusetts 02130.

Jurisdiction and Venue

3. This is an action for trademark infringement, false designation of origin, unfair

competition, trademark dilution, and unfair business practices. This action arises under the

Trademark Act of 1946, 15 U.S.C. § 1051, et seq. (“Lanham Act”), Massachusetts General Law

Case 1:13-cv-12220 Document 1 Filed 09/09/13 of 18



- 2 -

Chapter 110H, Massachusetts General Law Chapter 93A, and the common law of the State of

Massachusetts.

4. This Court has subject matter jurisdiction over this action pursuant to at least 15

U.S.C. § 1121(a) and 28 U.S.C. §§ 1331, 1338(a) & (b), and 1367(a).

5. On information and belief, Autonomie operates a website at

www.autonomieproject.com, where Autonomie advertises, offers for sale, and sells footwear and

other products to customers, including customers in the State of Massachusetts and in this

District.

6.

On information and belief, this Court may exercise personal jurisdiction over

Autonomie based upon its contacts with this forum, including at least having a principal place of

business here, regularly and intentionally doing business here, and committing acts giving rise to

this lawsuit here.

7. Venue is proper in this judicial district pursuant to at least 28 U.S.C. §§ 1391(b)

and (c).

General Allegations – Converse’s Marks

8. Converse owns common law and federal trademark rights in the appearance of the

outsole, midsole, and upper designs commonly used in connection with Converse’s Chuck

Taylor All Star shoes, including but not limited to the design of two stripes on a midsole, the

design of a toe cap, the design of a multi-layered toe bumper featuring diamonds and line

patterns, and the relative position of these elements to each other, as well as U.S. Trademark

Registrations Nos. 1,588,960; 3,258,103; 4,062,112; and 4,065,482 (collectively, the “Converse

Trade Dress”) (copies of these Registrations are attached as Exhibits 1-4). Trademark

Registration No. 1,588,960 has become incontestable and constitutes conclusive evidence of the




- 3 -

validity of the trademark and of Converse’s ownership of and exclusive right to use the

trademark. Exemplary images of the Converse Trade Dress are shown Illustration 1 below.

Illustration 1: Examples of the Converse Trade Dress

9. First introduced around 1917, Converse has spent millions of dollars advertising

and promoting shoes bearing the Converse Trade Dress. Converse’s advertisements and

promotions of the Converse Trade Dress have appeared in print, on the Internet, on billboards, in

videos, and at retail. Example advertisements of the Converse Trade Dress are attached to this

Complaint as Exhibit 5. Over the past four years alone, Converse has spent more than $92

million advertising and promoting the Converse Trade Dress in the United States.

10. Converse has sold shoes bearing the Converse Trade Dress throughout the world

and in every state of the United States. Converse sells shoes bearing the Converse Trade Dress




- 4 -

through its own retail stores, on the Internet, and through a wide variety of retailers including, for

example, Nordstrom, Kohl’s, JC Penney, Foot Locker, Saks Fifth Avenue, and independent shoe

retailers of all sizes throughout the country. Since its introduction around 1917, Converse has

sold over one billion pairs of shoes bearing the Converse Trade Dress. Over the past decade,

Converse sold over 153 million pairs of shoes bearing the Converse Trade Dress throughout the

United States, and those sales earned Converse more than $2.4 billion in gross U.S. revenue.

Over the past five and one half years alone, Converse sold well over 100 million pairs of shoes

bearing the Converse Trade Dress throughout the United States, and those sales earned Converse

more than $1.8 billion in gross U.S. revenue.

11. The Converse Trade Dress is also the subject of widespread and unsolicited public

attention. This publicity extends from acclaim in books, magazines, and newspapers to frequent

appearances in movies and television shows. As representative examples, the Converse Trade

Dress is the subject of books including “Chucks!: The Phenomenon of Converse Chuck Taylor

All Stars,” and “Chuck Taylor, All Star,” where the Converse Trade Dress is described as an

icon of American footwear and the most famous athletic shoe in history. Example excerpts from

these books are attached to this Complaint as Exhibit 6. The Converse Trade Dress has also been

featured in numerous newspaper and magazine articles, and is the focus of Internet chatter and

fan sites such as chucksconnection.com, which celebrates the Converse Trade Dress and its

presence throughout American culture. Example articles and website images illustrating the

unsolicited publicity of the Converse Trade Dress are attached to this Complaint as Exhibit 7.

12. As a result of Converse’s long-term, continuous, and substantial use, advertising,

and sales of shoes bearing the Converse Trade Dress, and the widespread publicity and attention

that has been paid to the Converse Trade Dress, the Converse Trade Dress is famous and has




acquired

source i

1

and/or a

(the “Inf

1

and/or a

top,” “

footwear

represen

Illu

substantial

entifier of

3. On in

vertises fo

inging Pro

4. On in

vertises th

thletic Lo

products.

ative Infrin

stration 2:

secondary

onverse.

General Al

formation a

twear beari

ucts”).

formation a

Infringing

-top,” “Et

Illustration

ing Produc

xemplary I

A

eaning as

egations –

nd belief,

ng confusi

nd belief,

Products in

letic Chil

2 below

s.

ages of the

tonomie’s I

- 5 -

consumers

utonomie

utonomie s

gly similar

utonomie s

several sty

ren’s Snea

ompares t

Converse T

fringing Pr

Aut

have come

’s Unautho

ells, offers

imitations

ells, offers

es, includi

kers,” and

e Converse

rade Dress (

oducts (righ

nomie Pro

to uniquely

ized Activ

o sell, distr

f the Conv

o sell, distr

g at least it

“Ethletic

Trade Dr

left), Exemp

)

ect’s “Ethl

neakers”

associate i

ties

butes, pro

erse Trade

butes, pro

s “Ethletic

outh Snea

ss to imag

lary Images

etic High-t

as a

otes,

ress

otes,

igh-

kers”

es of

of

p




- 6 -

Illustration 2: Exemplary Images of the Converse Trade Dress (left), Exemplary Images of

Autonomie’s Infringing Products (right)

Autonomie Project’s “Ethletic Low-top

Sneakers”

Autonomie Project’s “Ethletic Children’s

Sneakers”

Autonomie Project’s “Ethletic Youth

Sneakers”




Illu

1

Autono

Products

1

promote,

1

presiden

Autono

infringe

1

its Infrin

Star sho

the Con

states th

on its w

stration 2:

5. Conv

ie began se

.

6. Conv

or advertis

7. On A

at its bus

ie notice t

he Convers

8. On it

ging Produc

s, which ar

erse Trade

t Autonomi

bsite that i

xemplary I

A

rse used t

lling, offeri

rse has n

the Infring

ugust 31, 2

ness addre

at various

e Trade Dre

website,

ts embody t

e the most

Dress. At

e’s shoes “

s products

ages of the

tonomie’s I

e Converse

g to sell,

ver author

ng Product

12, Conve

s in Mass

shoes Auto

s.

utonomie s

e style of a

rominent a

least one c

re just cop

re the “ne

- 7 -

Converse T

fringing Pr

Outso

Trade Dre

istributing,

zed Auton

.

se mailed

chusetts.

omie was

ates that co

nd/or appea

nd famous

omment fro

ing convers

est incarna

rade Dress (

oducts (righ

e for Auto

Sh

ss extensiv

promoting,

omie to se

cease and

he letter,

romoting,

nsumers ha

r similar to

xample of

m a consu

e chucks st

tion of Con

left), Exemp

)

omie Proj

oe Product

ely and co

or advertisi

ll, offer to

desist lette

attached as

offering to

ve informe

onverse’s

Converse’s

er on Aut

le.” Auto

verse” and

lary Images

ct’s “Ethle

tinuously b

g the Infri

sell, distr

to Autono

Exhibit 8,

sell, and se

Autonomi

huck Tayl

products be

nomie’s w

omie itself

that the “n

of

tic”

efore

ging

bute,

ie’s

gave

lling,

that

r All

aring

bsite

states

mber




- 8 -

one” response from consumers when seeing Autonomie’s shoes is that “they look like

[Converse’s] Chuck Taylor’s.” Images from Autonomie’s website evidencing these statements

are attached to this Complaint as Exhibit 9.

19. On information and belief – and as evidenced by the facts and circumstances

alleged above – Autonomie’s infringements have been intentional and willful.

Count I: Trademark Infringement under Section 32(1) of the Lanham Act

(15 U.S.C. § 1114(1))

20. Converse re-alleges each and every allegation set forth in paragraphs 1 through 19

above, inclusive, and incorporates them by reference herein.

21. Autonomie’s offers to sell, sale, distribution, promotion, and/or advertisement of

Infringing Products violates Section 32(1) of the Lanham Act, 15 U.S.C. § 1114(1).

22. The Converse Trade Dress is federally registered, and is entitled to protection

under both federal law and common law. The Converse Trade Dress has a distinctive

appearance using unique and non-functional designs. Converse has extensively and continuously

promoted and used the Converse Trade Dress for many decades in the United States and

worldwide. Through that extensive and continuous use, the Converse Trade Dress has become a

famous and well-known indicator of the origin and quality of Converse footwear. The Converse

Trade Dress has also acquired substantial secondary meaning in the marketplace.

23. Trademark Registration No. 1,588,960 has become incontestable and constitutes

conclusive evidence of the validity of trademark and of Converse’s ownership of and exclusive

right to use the trademark.

24. Autonomie’s use of the Converse Trade Dress and of colorable imitations thereof

is likely to cause consumer confusion as to the origin and/or sponsorship/affiliation of the




- 9 -

Infringing Products, at least by creating the false and misleading impression that the Infringing

Products are manufactured by, authorized by, or otherwise associated with Converse.


has caused, and unless enjoined, will continue to cause substantial and irreparable injury to

Converse for which Converse has no adequate remedy at law, including at least substantial and

irreparable injury to the goodwill and reputation for quality associated with the Converse Trade

Dress.

26. On information and belief, Autonomie’s use of the Converse Trade Dress and of

colorable imitations thereof has been intentional, willful, and malicious. Autonomie’s bad faith

is evidenced at least by the similarity of the Infringing Products to the Converse Trade Dress, as

demonstrated in Illustration 2 above, by Autonomie’s own admissions on at least its website, and

by Autonomie’s continuing disregard of Converse’s rights after receiving Converse’s cease and

desist letter.

27. Converse is entitled to injunctive relief, and Converse is also entitled to recover

Autonomie’s profits, actual damages, enhanced profits and damages, costs, and reasonable

attorney fees under 15 U.S.C. §§ 1114, 1116, and 1117.

Count II: False Designation of Origin/Unfair Competition under Section 43(a) of the

Lanham Act, 15 U.S.C. § 1125(a)




Infringing Products, in direct competition with Converse, violates Section 43(a) of the Lanham

Act, 15 U.S.C. § 1125(a).




- 10 -












constitutes a false designation of origin that is likely to cause consumer confusion, mistake, or

deception as to the origin, sponsorship, or approval of the Infringing Products by creating the

false and misleading impression that the Infringing Products are manufactured by, authorized by,

or otherwise associated with Converse.





Dress.







- 11 -



desist letter.



attorney fees under 15 U.S.C. §§ 1125(a), 1116, and 1117.

Count III: Dilution under Section 43(c) of the Lanham Act 15 U.S.C. § 1125(c)

36.

Converse re-alleges each and every allegation set forth in paragraphs 1 through 35


37. Autonomie’s offers to sell, sale, distribution, and/or advertisement of Infringing

Products violates Section 43(c) of the Lanham Act, 15 U.S.C. § 1125(c).











40. The Converse Trade Dress is famous and has acquired substantial secondary




- 12 -

meaning and fame in the marketplace before Autonomie commenced use of its colorable

imitations of the Converse Trade Dress in connection with the Infringing Products.


is likely to cause, and has caused, dilution of the famous Converse Trade Dress at least by

eroding the public’s exclusive identification of the famous Converse Trade Dress with Converse

and by lessening the capacity of the famous Converse Trade Dress to identify and distinguish

Converse footwear.





Dress.






desist letter.



attorney fees under 15 U.S.C. §§ 1125(c), 1116, and 1117.

Count IV: Common Law Trademark Infringement and Unfair Competition





- 13 -


46. Autonomie’s offer to sell, sale, distribution, promotion, or advertisement of

Infringing Products, in direct competition with Converse, constitutes common law trademark

infringement and unfair competition.









is likely to cause consumer confusion as to the origin or sponsorship of the Infringing Products

by creating the false and misleading impression that the Infringing Products are manufactured

by, authorized by, or otherwise associated with Converse.





Dress.







- 14 -



desist letter.


Autonomie’s profits, actual damages, punitive damages, costs, and reasonable attorney fees.

Count V: Dilution under Massachusetts General Law c. 110H



53. Autonomie’s offer to sell, sale, distribution, or advertisement of Infringing

Products, in direct competition with Converse, violates Chapter 110H of Massachusetts General

Law.








55. The Converse Trade Dress is famous and has acquired substantial secondary

meaning in the marketplace long before Autonomie commenced use of its colorable imitations of

the Converse Trade Dress in connection with the Infringing Products.





- 15 -

is likely to cause, and has caused, dilution of the famous Converse Trade Dress at least by

eroding the public’s exclusive identification of the famous Converse Trade Dress with Converse

and by lessening the capacity of the famous Converse Trade Dress to identify and distinguish

Converse footwear. Autonomie’s use of the Converse Trade Dress and of colorable imitations

thereof has caused confusion as the source of the Infringing Products by creating the false and

misleading impression that the Infringing Products are manufactured by, authorized by, or

otherwise associated with Converse.





Dress.






desist letter.

59. Converse is entitled to injunctive relief.

Count VI: Unfair Business Practices under Massachusetts General Law c. 93A







- 16 -

Infringing Products, in direct competition with Converse, violates Chapter 93A of Massachusetts

General Law.









constitutes a false designation of origin that is likely to cause consumer confusion, mistake, or

deception as to the origin, sponsorship, or approval of the Infringing Products by creating the

false and misleading impression that the Infringing Products are manufactured by, authorized by,

or otherwise associated with Converse.





Dress.








- 17 -


desist letter.


actual damages, enhanced damages, costs, and reasonable attorney fees under Chapter 93A of

Massachusetts General Law.

Jury Demand

Converse demands a trial by jury.

Relief Sought

WHEREFORE, Converse respectfully prays for:

A. Judgment that Autonomie has (i) willfully infringed the Converse Trade Dress in

violation of § 1114 of Title 15 in the United States Code, (ii) willfully used false designations of

origin/unfair competition in violation of § 1125(a) of Title 15 in the United States Code, (iii)

willfully diluted the Converse Trade Dress in violation of § 1125(c) of Title 15 in the United

States Code, (iv) willfully infringed the Converse Trade Dress and engaged in unfair competition

in violation of the common law of Massachusetts; (v) willfully diluted the Converse Trade Dress

in violation of Chapter 110H of the Massachusetts General Law; and (iv) willfully engaged in

unfair business practices in violation of Chapter 93A of the Massachusetts General Law.

B. A preliminary and permanent injunction prohibiting Autonomie and each of its

agents, employees, servants, attorneys, successors and assigns, and all others in privity or acting

in concert therewith from continuing infringement, false designation of origin, unfair

competition, and dilution of the Converse Trade Dress, including at least from selling, offering to

sell, distributing, or advertising the Infringing Products, or any other products that use a copy,

reproduction, or colorable imitation of the Converse Trade Dress;




- 18 -

C. An order directing the destruction of all Infringing Products, or any other products

that use a copy, reproduction, or colorable imitation of the Converse Trade Dress in Autonomie’s

possession or control, including the destruction of all advertising materials related to the

Infringing Products in Autonomie’s possession or control, including on the Internet;

D. An award of Autonomie’s profits, actual damages, enhanced profits and damages,

punitive damages, costs, and reasonable attorney fees for Autonomie’s trademark infringements

and dilution, and acts of unfair competition and unfair business practices; and

E. Such other and further relief as this Court deems just and proper.

Respectfully submitted,

Dated: September 9, 2013 /s/ Erin E. BryanErin E. Bryan (BBO No. 675955)BANNER & WITCOFF, LTD.28 State Street, Suite 1800Boston, MA 02109-1705Telephone: (617) 720-9600Facsimile: (617)[email protected]

Christopher J. Renk Erik S. Maurer Eric J. HampBANNER & WITCOFF, LTD.10 S. Wacker Drive, Suite 3000Chicago, Illinois 60606Telephone: (312) 463-5000Facsimile: (312) [email protected]@[email protected]

Attorneys for Plaintiff,Converse Inc.




S 44 (Rev. 12/12) CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except

rovided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for theurpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant

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

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

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

I. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for

(For Diversity Cases Only) and One Box for Defendant

’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF D

Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4

of Business In This State

’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5

Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6

Foreign Country

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

’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act

’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 400 State Reapportionm

’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 ’ 410 Antitrust

’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 430 Banks and Banking

’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 450 Commerce

& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 460 Deportation

’ 151 Medicare Act ’ 330 Federal Employers’ Product Liabi lity ’ 830 Patent ’ 470 Racketeer Influence

’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 840 Trademark Corrupt Organizatio

Student Loans ’ 340 Marine Injury Product ’ 480 Consumer Credit

(Excludes Veterans) ’ 345 Marine Product Liability LABOR SOCIAL SECURITY ’ 490 Cable/Sat TV

’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 850 Securities/Commod

of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud Act ’ 862 Black Lung (923) Exchange

’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) ’ 890 Other Statutory Acti

’ 190 Other Contract Product Liability ’ 380 Other Personal Relations ’ 864 SSID Title XVI ’ 891 Agricultural Acts

’ 195 Contract Product Liability ’ 360 Other Personal Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 893 Environmental Matt

’ 196 Franchise Injury ’ 385 Property Damage ’ 751 Family and Medical ’ 895 Freedom of Informa

’ 362 Personal Injury - Product Liability Leave Act ActMedical Malpractice ’ 790 Other Labor Litigation ’ 896 Arbitration

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 791 Employee Retirement FEDERAL TAX SUITS ’ 899 Administrative Proc

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

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

’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party ’ 950 Constitutionality of

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

’ 245 Tort Product Liability Accommodations ’ 530 General

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

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

Other ’ 550 Civil Rights Actions

’ 448 Education ’ 555 Prison Condition

’ 560 Civil Detainee -

Conditions of

Confinement

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

’ 1 OriginalProceeding

’ 2 Removed fromState Court

’ 3 Remanded fromAppellate Court

’ 4 Reinstated or Reopened

’ 5 Transferred fromAnother District(specify)

’ 6 MultidistrictLitigation

VI. CAUSE OF ACTION

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

Brief description of cause:

VII. REQUESTED INCOMPLAINT:

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

DEMAND $ CHECK YES only if demanded in complaint

JURY DEMAND: ’ Yes ’ No

VIII. RELATED CASE(S)IF ANY

(See instructions):JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

Converse Inc.

Essex County, MA

Banner & Witcoff, Ltd.28 State Street, Suite 1800Boston, MA 02109

Autonomie Project, Inc.

15 U.S.C. 1114, et seq., 15 U.S.C. 1125, et seq.

Trademark infringement, false designation of origin/unfair competition, trademark dilution

/9/2013

Case 1:13-cv-12220 Document 1-1 Filed 09/09/13 Page 1 of 2

/s/ Erin E. Bryan



JS 44 Reverse (Rev. 12/12)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as

required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is

required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk o

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

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, us

only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency andthen the official, giving both name and title.

(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at

time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In lan

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

(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, no

in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "

in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.

United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here

United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.

Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendm

to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code tak

precedence, and box 1 or 2 should be marked.

Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the

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

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

section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below,

sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more th

one nature of suit, select the most definitive.

V. Origin. Place an "X" in one of the six boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.

Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.

When the petition for removal is granted, check this box.Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the fili

date.

Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.

Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers o

multidistrict litigation transfers.

Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 140

When this box is checked, do not check (5) above.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictionstatutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.

Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.

Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket

numbers and the corresponding judge names for such cases.

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




UNITED STATES DISTRICT COURTDISTRICT OF MASSACHUSETTS

1. Title of case (name of first party on each side only)

2. Category in which the case belongs based upon the numbered nature of suit code listed on the civil cover sheet. (See local

rule 40.1(a)(1)).

I. 410, 441, 470, 535, 830*, 891, 893, 895, R.23, REGARDLESS OF NATURE OF SUIT.

II. 110, 130, 140, 160, 190, 196, 230, 240, 290,320,362, 370, 371, 380, 430, 440, 442, 443, 445, 446, 448, 710, 720,740, 790, 820*, 840*, 850, 870, 871.

III. 120, 150, 151, 152, 153, 195, 210, 220, 245, 310, 315, 330, 340, 345, 350, 355, 360, 365, 367, 368, 375, 385, 400,422, 423, 450, 460, 462, 463, 465, 480, 490, 510, 530, 540, 550, 555, 625, 690, 751, 791, 861-865, 890, 896, 899,

950.

*Also complete AO 120 or AO 121. for patent, trademark or copyright cases.

3. Title and number, if any, of related cases. (See local rule 40.1(g)). If more than one prior related case has been filed in thisdistrict please indicate the title and number of the first filed case in this court.

4. Has a prior action between the same parties and based on the same claim ever been filed in this court?

YES NO

5. Does the complaint in this case question the constitutionality of an act of congress affecting the public interest? (See 28 USC§2403)

YES NO If so, is the U.S.A. or an officer, agent or employee of the U.S. a party?

YES NO

6. Is this case required to be heard and determined by a district court of three judges pursuant to title 28 USC §2284?

YES NO

7. Do all of the parties in this action, excluding governmental agencies of the united states and the Commonwealth of Massachusetts (“governmental agencies”), residing in Massachusetts reside in the same division? - (See Local Rule 40.1(d)).

YES NO

A. If yes, in which division do all of the non-governmental parties reside?

Eastern Division Central Division Western Division

B. If no, in which division do the majority of the plaintiffs or the only parties, excluding governmental agencies,residing in Massachusetts reside?

Eastern Division Central Division Western Division

8. If filing a Notice of Removal - are there any motions pending in the state court requiring the attention of this Court? (If yes,

submit a separate sheet identifying the motions)

YES NO

(PLEASE TYPE OR PRINT)

ATTORNEY'S NAME

ADDRESS

TELEPHONE NO.

(CategoryForm12-2011.wpd - 12/2011)

Converse Inc. v. Autonomie Project, Inc.

✔

✔

✔

✔

✔

✔

Erin E. Bryan (BBO # 675955)

Banner & Witcoff, Ltd., 28 State Street, Suite 1800, Boston, MA 02109

617-720-9600




1

EXHIBIT 1




1

EXHIBIT 2




1

EXHIBIT 3




1

EXHIBIT 4




1

EXHIBIT 5




1

EXHIBIT 6




1

EXHIBIT 7




The ChucksConnection is a website about the Converse All Star "Chuck Taylor" canvas basketball shoe, the classicAmerican sneaker, as seen in films, photographs, and television shows, or described in reviews, articles, and stories aboutwhy people like wearing chucks. Learn all about the lore of chucks and their media buzz. Click on the above shoelace links toaccess our main feature pages.

Purchase shoes, shoelaces, clothing, totebags, books about chucks, or DVDs through our secure online stores. Chucks are foreveryone, and for wear every day. With dozens of models and color combinations available from the classic black high top tothe latest print pattern or seasonal color low cut, it's easy to find that perfect pair for the look you want and the right shoelacesto go with them here at The ChucksConnection.

Purchase Shoelaces For Your Chucks:

Choose From Our Wide Variety of Colors, Lengths, and Styles

Shoelace Guide Shoelace Information

and Tips

Photos of Shoelaces

On Chucks

Classic Athletic

Shoelaces

Fat or Retro

Shoelaces

Print or Special

Shoelaces

Knee Hig

ShoelacesDeck out your chucks in the latest print laces. We now carry skulls, tribal band, camouflage, checkers and star patterns in

different colors and lengths. Click on the print or special shoelaces image link above to order them.

Purchase Converse All Star Chuck Taylor Sneakers:

Get High Top or Low Cut Ox Chucks in Their Most Popular Core Colors

Black Monochrome

Black

Navy Blue Pink Red Optical White Natural White Charcoal Chocolate Gree

The ChucksConnection is pleased to welcome three new affiliate stores. Now your selection o




Our shoe selection is better than ever! Check out our newly redone high top and low cut oxford order pages.Click on the high top or low cut oxford links below to see the full selection of chucks available now for back to school. Top of Pag

View PhotosPeople Wearing

High Top Chucks:

Kids Wearing

High Top Chucks:

People Wearing

Low Cut Chucks:

Kids Wearing

Low Cut Chucks:

Go to the menu of allavailable high top

models:

Go to the menu of allavailable low cut

oxford models:

Go to the menu of chucks for little kids,

toddlers, and Infants:

Do you wear a Chuck Taylor men’s size 10, 10.5 or 11 (12, 12.5 or 13women’s)? The ChucksConnection is selling off over sixty pairs of

high tops used for our photo shoots.Go to the Sale Index.

There are also a dozen well worn pairs of high tops available.Well Worn Chucks For Sale.

Top of Page

Purchase Clothing and Accessories:

T-Shirts Sweatshirts Baseball Caps Shorts Socks Team Apparel Totebags

Books and Comics:

Comic St r ip About People

Who Like To Wear Chucks

The Hunter & Holmes

Myster y Seri es

Chucks!The Phenomenon of

Converse ChuckTaylor All Stars

Biography of ChuckTaylor

Follow chucksconnection.com on Facebook.

Secure on-line transactions for this web site are processed by Paypal using the Roman Cart system. We accept PayPal, VisaDiscover, MasterCard, and American Express for these transactions.

Legal Disclaimer. The All Star and Converse names and Chuck Taylor logo are registered trademarks of Converse, Inc. of Nortndover, Massachusetts, USA. They are used on this web site to describe products that the authors have purchased, own and weahe time. These terms, along with the word "chucks", are the familiar names that people use to identify and describe these produThis site is not affiliated with the Converse company in any way, except that we like and use their products, and have some of thcensed products available for sale through our ChucksConnection on-line ordering service and affiliate company Classic Sports ShoOpinions expressed on this site are those of the authors and may not necessarily reflect the official views of The ChucksConnectio

Converse, Inc. or its subsidiary companies. Please note that we are not the Converse Company. To contact the ConverseCompany, go to www.converse.com.

Contact Information: If you have an article or other information about Chuck Taylor shoes to submit to this website, or would lto contact us, our email address is [email protected]. For issues regarding an order from our online store, contac

[email protected]. To submit photos, email [email protected].




1

EXHIBIT 8




1

EXHIBIT 9




s Chuck Taylor anyway? « Autonomie Project’s Blog

/autonomieproject.wordpress.com/2008/04/25/whos-chuck-taylor-anyway/[11/8/2012 3:59:25 PM]

Ar chi ve d En tr y

Post Date :

April 25, 2008 at 8:15 pm

Category :

Fashion & Shopping

Tags: chuck taylor, converse,

ethletic, pf flyers, sneakers,

sweatshops

Do More :

You can leave a response, ortrackback from your own site.

April 25,2008

Who’ s Ch uc k Ta yl or an yw ay ?Posted by autonomieproject under Fashion & Shopping | Tags: chuck

taylor, converse, ethletic, pf flyers, sneakers, sweatshops |

[6] Comments

So the number one generic response to someone seeing our Ethletic shoes is “Oooooooooo,

they look like Chuck Taylor’s.” Then we SIGH. And say, “Noooooooooo, these are just SO

much better”. After all, Converse’s version of this classic shoe is made in a dirty sweatshop in

China with totally toxic materials. They are, just overall, BAD for our earth.

But curiosity got the best of us and we started to wonder: how did the international phenom of

Converse and their uber popular Chuck Taylor even come into being? A quick search on theinternet solved the mystery.

It all started way back in 1908 (wow!), when Marquis Mills Converse fell down the stairs,

inspiring the Massachusetts entrepreneur (yikes, we’re neighbors!!) to create a non-slip rubber

soled shoe. Thus began the Converse Rubber Shoe Company.

Within a short 2 years, Converse’s new company was selling over 4,000 pairs of shoes a day

(sorry, but we must insert here shameless plug to buy Ethletics). In 1915, the company

produced their first athletic shoe made for tennis, and in 1917, the Converse All-Star as we

know it today was born. ( Damn...so when we say classic, we really really mean classic! This

shoe is 100 years old!).

The shoes were actually not that popular. But then this seemingly awkward basketball player

named Charles H. Taylor came to Converse complaining of sore feet.

With his new comfy basketball boots on, Chuck Taylor became the ambassador for Converse,

selling and promoting the shoes all the way to 1969.

Home About Us

Follow “Autonomie

Project's Blog”

Follow


http://autonomieproject.wordpress.com/category/fashion-shopping/

http://autonomieproject.wordpress.com/tag/chuck-taylor/

http://autonomieproject.wordpress.com/tag/converse/

http://autonomieproject.wordpress.com/tag/ethletic/

http://autonomieproject.wordpress.com/tag/pf-flyers/

http://autonomieproject.wordpress.com/tag/sneakers/

http://autonomieproject.wordpress.com/tag/sweatshops/

http://-/?-

http://autonomieproject.wordpress.com/2008/04/25/whos-chuck-taylor-anyway/trackback/










http://-/?-

http://www.autonomieproject.com/mm5/merchant.mvc?Screen=CTGY&Store_Code=AP&Category_Code=footwear



http://autonomieproject.wordpress.com/

http://autonomieproject.wordpress.com/about-us/

http://void%280%29/

http://void%280%29/

http://void%280%29/

http://autonomieproject.wordpress.com/about-us/

http://autonomieproject.wordpress.com/

http://autonomieproject.files.wordpress.com/2008/04/chuck_taylor_lobby_imageno.jpg


http://autonomieproject.files.wordpress.com/2008/04/converse.jpg


http://-/?-










http://-/?-












In 1966, basketball teams and their fans got fed up

with the traditional red high- top and demanded that more colors and styles be produced sothat they could wear their team colors.

Of course though, like every small business, not everything remained so peachy keen. From the

1970′s on, Converse started to feel the heat from new competitors like Adidas, Nike and

Reebok. They were all of sudden ripped of their title as the preferred shoe for the National

Basketball Association (they are after all not that comfortable or even remotedly suited for

today’s game).

The company filed for bankruptcy in January of 2001. At that same time, they closed their

very last USA factory and went offshore to China (yes, it’s time for a collective sob). In 2003,

the company sold for $305 million (so much for bankruptcy) to their rival (and just overall evil

corporation) Nike. While Nike has certainly revitalized the brand and made sure that every

youth in the entire world is wearing a pair of Converse, they also decreased the quality of theshoes (namely using low-grade totally fake rubber and switching from 2-ply canvas to 1 -ply

“textile” – whatever that is). And let’s not even go into the laundry list of human rights and

sweatshop abuses the company is infamous for.

Now a fashion brand much more so than a sports brand, Converse has inspired all kinds of

knock-offs, such as PF Flyers, which are surprisingly still in existence and owned by New

Balance. They also interestingly lay claim to be the original American sneaker brand (although

they debuted much later in 1937), as well as creating the “breakthrough” low-top courtesy of

yet another old timer “basketball legend” Bob Cousy. Somehow, “Cousies” just don’t ring like

“Chucks”!

We at Autonomie of course prefer the newest incarnation of Converse: our ultra-cute, ultra-

ethical, ultra-eco, truly one of kind Ethletics!

But if you have one of the old-school, made-in- the-USA Chucks (that are probably at this

point totally falling a part), share your story and post a photo of the shoes under comments!

6 RESPONSES TO “WHO’S CHUCK TAYLOR ANYWAY? ”

Be the first to like this.

Get every new post delivered

to your Inbox.

J oin 41 other followers

Powered by WordPress.com


Enter your email address

Sign me up

http://www.pfflyers.com/

http://www.autonomieproject.com/

http://wordpress.com/signup/?ref=lof

http://wordpress.com/signup/?ref=lof

http://autonomieproject.wordpress.com/2008/04/25/whos-chuck-taylor-anyway/?like=1&_wpnonce=534f767a6d

http://autonomieproject.wordpress.com/2008/04/25/whos-chuck-taylor-anyway/?like=1&_wpnonce=534f767a6d


http://www.autonomieproject.com/

http://www.pfflyers.com/





1. Leslie @ the oko box Says:

April 26, 2008 at 7:34 am

Chuck Taylors were the only shoes I’d wear in highschool- i happened to

live next to a Chuck Taylor outlet store in New Orleans that was liquidating

all the funky colors no one wanted to buy back then… so needless to say I

owned purple, brown, paprika, white, light blue and pink Converse! I

didn’t wear them for too long after highschool( cause i wore the soles to

nothing on every pair), but when i pulled a pair back out and wore it

downtown Asheville NC about 3 or 4 years ago a group of kids stopped me

on the street And were like ” Oooh Your Bo Bo’s are REAL, they the real

thang, those are OLD!” Yeah, sort of- ehem. All my Converse are no

longer, all worn into complete obliteration. Can’t wait to sport my new

classic Ethletics and see what the kids have to say now.

Think Ya’ll may ever make pink ones?

Reply

2. To a Socially-Conscious, Sustainable Dad… « Autonomie Project’s Blog Says:

June 13, 2008 at 10:09 am

[...] school days when he used to sport Chuck Taylors. Now, of course,

make sure Dad’s aware that Chucks aren’t what they used to be and he

should always look for the ethical [...]

Reply

3. anonymous Says:

November 1, 2008 at 9:35 pm

what are you talking about>?! Chuck Taylor is a complete LEGEND!!! andconverse chucks are the real deal, your shoes are just copying converse

chucks style and if your shoes so good why did you make them look like

chucks? get your own design and stop bad mouthing converse chucks and

Chuck Taylor.

Reply

4. AAID Says:

March 9, 2009 at 12:07 pm

I am really after a pair of these, but does anyone notice the pricescreeping up? Why is this?

Reply

5. Penny Kubis Says:

April 13, 2010 at 6:15 pm

Hi, i just thought i’d post additionally let you know your blogs layout

usually genuinely messed up on distinct K-Melon browser. Anyhow retain

up special good work.


http://www.oko-organic-clothing.blogspot.com/

http://-/?-

http://autonomieproject.wordpress.com/2008/04/25/whos-chuck-taylor-anyway/?replytocom=38#respond

http://autonomieproject.wordpress.com/2008/06/13/to-a-socially-conscious-sustainable-dad/

http://-/?-


http://-/?-


http://www.myinkcartridge.co.uk/

http://-/?-


http://cid-da89b9ffe5d2e4ff.spaces.live.com/blog/cns!DA89B9FFE5D2E4FF!110.entry

http://-/?-

http://-/?-

http://cid-da89b9ffe5d2e4ff.spaces.live.com/blog/cns!DA89B9FFE5D2E4FF!110.entry


http://-/?-

http://www.myinkcartridge.co.uk/


http://-/?-


http://-/?-

http://autonomieproject.wordpress.com/2008/06/13/to-a-socially-conscious-sustainable-dad/


http://-/?-

http://www.oko-organic-clothing.blogspot.com/




Blog at WordPress.com. — Theme: Connections by www.vanillamist.com.

Reply

6. clark Says:

May 23, 2011 at 7:18 pm

the chucks made in china fall apart way to easily.

Reply

LEAVE A REPLY

Enter your comment here...


http://wordpress.com/?ref=footer

http://theme.wordpress.com/themes/connections/

http://www.vanillamist.com/


http://-/?-



http://-/?-


http://www.vanillamist.com/

http://theme.wordpress.com/themes/connections/

http://wordpress.com/?ref=footer

converse v. autonomie project - complaint

Documents