IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION

LEVENT INDUSTRIES, INC., PLAINTIFF, VS. TRANSACTION HOLDINGS, LLC AND BAGATELLE MIAMI, LLC d/b/a THE ONE GROUP, DEFENDANTS.

CASE NO. JURY DEMANDED

COMPLAINT FOR DESIGN PATENT INFRINGEMENT WITH

DEMAND FOR JURY

COMES NOW Levent Industries, Inc. ("Levent") and files this

Complaint against Transaction Holdings, LLC ("Transaction Holdings") and

Bagatelle Miami, LLC d/b/a The One Group ("Bagatelle") (collectively

"Defendants" or "Transaction Holdings/Bagatelle") and alleges and states as

follows:

NATURE OF THE ACTION

1.

This is an action for design patent infringement and arises under the Patent

Laws of the United States, Title 35, United States Code.

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THE PARTIES

2.

Transaction Holdings is a Nevada limited liability company having its

principal place of business at 1550 Helms Drive #100, Las Vegas, Nevada 89119.

Among other things, Transaction Holdings contracts for and manufactures

products overseas for its clientele in the United States.

3.

Bagatelle is a Florida limited liability company having it principal place of

business at 411 West 14th Street, New York, New York 10014. Bagatelle is in the

business of developing and operating restaurants, clubs and other entertainment

spaces across the United States.

4.

Levent is the owner, by written assignment, of all right, title and interest in

and to U.S. Design Patent No. D559,405 ("the '405 patent"), entitled "Cord

Stanchion Device", which issued on January 8, 2008, based on an application filed

on August 30, 2006. A true and accurate copy of the '405 patent is attached hereto

as Exhibit A.

5.

Levent is the owner, by written assignment, of all right, title and interest in

and to U.S. Design Patent No. D556,915 ("the '915 patent"), entitled "Retractable

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Stanchion", which issued on December 4, 2007, based on an application filed on

August 30, 2006. A true and accurate copy of the '915 patent is attached hereto as

Exhibit B.

JURISDICTION AND VENUE

6.

This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331

(federal question jurisdiction) and 28 U.S.C. § 1338(a) (jurisdiction over patent

actions).

7.

This Court has personal jurisdiction over Transactional Holdings because

Transactional Holdings has conducted, and does conduct, business within the State

of Georgia. Transactional Holdings, either directly or through distributors and/or

retailers or others, ships, distributes, offers for sale, sells, and/or advertises its

products in the United States, the State of Georgia, and within this judicial district.

8.

This Court has personal jurisdiction over Bagatelle because Bagatelle has

conducted, and does conduct, business within the State of Georgia. Bagatelle,

either directly or through distributors and/or retailers or others, ships, distributes,

offers for sale, sells, and/or advertises its products and restaurants in the United

States, the State of Georgia, and within this judicial district.

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9.

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

U.S.C. § 1400(b).

FACTUAL ALLEGATIONS AND BACKGROUND

10.

Levent incorporates herein the allegations set forth in Paragraphs 1 through

9 above.

11.

Levent has established itself as a creative company producing cutting edge

innovations and designs in metal products. Levent has protected its designs

through patents, such as the '405 and '915 patents.

12.

A copy of portions of Levent's Architectural Brass catalog highlighting some

of the stanchions produced and sold by Levent is attached hereto as Exhibit C. The

Wave™ Stanchion that is the subject of the '405 and '915 patents is featured on the

front page of that catalog and also on pages 3 and 4.

13.

Upon information and belief, a representative of Bagatelle observed the

Levent Wave™ Stanchion and determined that it desired to use the Levent

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Stanchion at one or more of its locations. However, rather than purchasing the

Wave™ Stanchions from Levent or its authorized retailers, Bagatelle enlisted

Transaction Holdings to copy the Levent Wave™ Stanchion, produce it overseas

and then sell the unauthorized copies of the Levent Wave™ Stanchion to Bagatelle

for use in its locations. A photograph of Defendants' infringing stanchions is

attached hereto as Exhibit D.

14.

The Stanchions produced and imported by Transaction Holdings and which

have been sold to and are used by Bagatelle are unauthorized reproductions of the

Levent Wave™ Stanchion, which is protected by the '405 and '915 patents.

COUNT I Infringement of U.S. Design Patent No. 559,405

by Transaction Holdings and Bagatelle

15.

Levent incorporates herein the allegations set forth in Paragraphs 1 through

14 above.

16.

The design of the Transaction Holdings/Bagatelle stanchion is essentially

identical to Levent's patented Wave™ Stanchion design based on the objective

evaluation of an ordinary observer.

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17.

The design of Transaction Holdings/Bagatelle's stanchion as marketed and

sold would cause an ordinary observer, familiar with the prior designs to be

deceived into believing the design of the Transaction Holdings/Bagatelle stanchion

is the same as Levent's patented Wave™ Stanchion design.

18.

The design of Transaction Holdings/Bagatelle's stanchion, as marketed, sold

and used causes confusion in the marketplace for the ordinary consumer with the

patented design of Levent's Wave™ Stanchion.

19.

Transaction Holdings and Bagatelle have commissioned, imported into the

United States, used, offered to sell, sold, promoted, and/or distributed, either

directly or through third-party retailers, stanchions having designs that infringe

upon the '405 patent, and the claimed design thereof, without Levent's

authorization.

20.

By commissioning, importing into the United States, using, offering for sale

and/or selling, directly and/or through third-party retailers in the United States,

stanchions embodying the patented design of the '405 patent without Levent's

authorization, Transaction Holdings and Bagatelle have directly infringed,

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contributorily infringed, and induced infringement of, and will continue to directly

infringe, contributorily infringement and induce the infringement of the '405 patent

under 35 U.S.C. § 271, literally and/or under the doctrine of equivalents.

21.

Transaction Holdings and Bagatelle, without Levent's license, have applied

the patented design of the '405 patent, or a colorable imitation thereof, to articles of

manufacture for the purposes of sale, have sold or exposed for sale articles of

manufacture to which the design of the '405 patent, or a colorable imitation thereof,

has been applied.

22.

By applying the patented design of the '405 patent, or a colorable imitations

thereof to articles of manufacture for the purposes of sale, or selling and exposing

for sale articles of manufacture to which the design of the '405 patent, or a

colorable imitation thereof, has been applied without Levent's license, Transaction

Holdings and Bagatelle have infringed and will continue to infringe the '405 patent

under 35 U.S.C. § 289.

COUNT II Infringement of U.S. Design Patent No. 556,915

by Transaction Holdings and Bagatelle

23.

Levent incorporates herein the allegations set forth in Paragraphs 1 through

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22 above.

24.

The design of the Transaction Holdings/Bagatelle stanchion is essentially

identical to Levent's patented Wave™ Stanchion design based on the objective

evaluation of an ordinary observer.

25.

The design of Transaction Holdings/Bagatelle's stanchion as marketed and

sold would cause an ordinary observer, familiar with the prior designs to be

deceived into believing the design of the Transaction Holdings/Bagatelle stanchion

is the same as Levent's patented Wave™ Stanchion design.

26.

The design of Transaction Holdings/Bagatelle's stanchion, as marketed, sold

and used causes confusion in the marketplace for the ordinary consumer with the

patented design of Levent's Wave™ Stanchion.

27.

Transaction Holdings and Bagatelle have commissioned, imported into the

United States, used, offered to sell, sold, promoted, and/or distributed, either

directly or through third-party retailers, stanchions having designs that infringe

upon the '915 patent, and the claimed design thereof, without Levent's

authorization.

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28.

By commissioning, importing into the United States, using, offering for sale

and/or selling, directly and/or through third-party retailers in the United States,

stanchions embodying the patented design of the '915 patent without Levent's

authorization, Transaction Holdings and Bagatelle have directly infringed,

contributorily infringed, and induced infringement of, and will continue to directly

infringe, contributorily infringement and induce the infringement of the '915 patent

under 35 U.S.C. § 271, literally and/or under the doctrine of equivalents.

29.

Transaction Holdings and Bagatelle, without Levent's license, have applied

the patented design of the '915 patent, or a colorable imitation thereof, to articles of

manufacture for the purposes of sale, have sold or exposed for sale articles of

manufacture to which the design of the '915 patent, or a colorable imitation thereof,

has been applied.

30.

By applying the patented design of the '915 patent, or a colorable imitations

thereof to articles of manufacture for the purposes of sale, or selling and exposing

for sale articles of manufacture to which the design of the '915 patent, or a

colorable imitation thereof, has been applied without Levent's license, Transaction

Holdings and Bagatelle have infringed and will continue to infringe the '915 patent

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under 35 U.S.C. § 289.

31.

Upon information and belief, Transaction Holdings and Bagatelle's conduct

is and has been willful such that Levent is entitled to treble damages under 35

U.S.C. § 284.

32.

Upon information and belief, Transaction Holdings and Bagatelle's knowing

and repeated infringing conduct is and has been continuous, malicious, intentional,

deliberate and willful, making this an exceptional case within the meaning of 35

U.S.C. § 285.

33.

As a direct and proximate consequence of Transaction Holdings and

Bagatelle's infringement of the '405 and '915 patents, Levent has suffered and will

continue to suffer irreparable injury and damages in an amount not yet determined,

for which Levent is entitled to relief.

REQUEST FOR RELIEF

WHEREFORE, Plaintiff prays that the Court enter judgment for Levent as

follows:

A. Enter judgment that Transaction Holdings and Bagatelle have

infringed, induced the infringement of, or contributed to the infringement of, U.S.

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Design Patent Nos. D559,405 and D556,915;

B. Enter a preliminary and permanent injunction restraining and

enjoining each of Transaction Holdings and Bagatelle and their officers, agents,

servants, employees, sales representatives, attorneys, parents, subsidiaries,

affiliates, successors and assigns, and any and all persons or entities in active

concert or participation with any or all of them who receive actual notice of the

order by personal service or otherwise, from further importation, sales or use of the

infringing stanchions, whether direct or indirect;

C. For damages to compensate Levent for Transaction Holdings' and

Bagatelle's infringement of the '405 and '915 patents pursuant to 35 U.S.C. § 284,

which shall be trebled as a result of Transaction Holdings' and Bagatelle's willful

patent infringement, or an award of Transaction Holdings' and Bagatelle's profits

from their infringements pursuant to 35 U.S.C. § 289, whichever is greater,

together with prejudgment interest and costs;

D. That this case be adjudged and decreed exceptional under 35 U.S.C. §

285 entitling Levent to an award of its reasonable attorneys' fees and that such

reasonable attorneys' fees be awarded; and

E. Levent shall receive such further relief against Transaction Holdings

and Bagatelle as the Court deems lawful, just and proper.

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JURY DEMAND

Plaintiff Levent hereby demands and requests trial by jury of all issues

raised that are triable by jury.

This 17th day of April, 2013.

Monarch Plaza, Suite 1600 3414 Peachtree Rd. NE Atlanta, Georgia 30326 404-577-6000 / 404-221-6501 fax ccrosby@bakerdonelson.com

BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC /s/ L. Clint Crosby L. Clint Crosby Georgia Bar No. 197877 Counsel for Plaintiff