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. COMPLAINT FOR DESIGN PATENT INFRINGEMENT WITH DEMAND FOR JURY CASE NO.

JURY DEMANDED

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.

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
-2-

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.
-3-

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
-4-

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.

-5-

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,
-6-

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
-7-

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.
-8-

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
-9-

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.
- 10 -

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.

- 11 -

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.

BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, PC /s/ L. Clint Crosby L. Clint Crosby Georgia Bar No. 197877 Monarch Plaza, Suite 1600 3414 Peachtree Rd. NE Atlanta, Georgia 30326 404-577-6000 / 404-221-6501 fax ccrosby@bakerdonelson.com Counsel for Plaintiff

- 12 -