Case 4:17-cv-02131 Document 1 Filed in TXSD on 07/12/17 Page 1 of 6

UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

JPT Group, LLC

Plaintiff,

v.

Pedro Garcia Brands, S.L. CASE NO: 14:17-cv-2131


Defendant.

JURY DEMANDED

PLAINTIFF JPT GROUPS ORIGINAL COMPLAINT

JPT Group, LLC (JPT), for its complaint of patent infringement against defendant

Pedro Garcia Brands, S.L. (Defendant or Pedro Garcia), alleges as follows:

NATURE OF THE ACTION

1. JPT owns the Bernardo brand (Bernardo). Bernardo is an iconic American fashion

brand. Since 1946, the Bernardo brand has inspired the womens sandal market with its

sophisticated designs. Today Bernardos sandal designs are distinctive and well-known in the

footwear industry. Bernardos patented designs are the result of significant investments in the

Bernardo brand, innovative design work and product development.

2. Pedro Garcia has copied the innovative designs of the Bernardo brand and engaged in

production and distribution of infringing products through retail and online stores. Rather than

undertaking its own independent development, Pedro Garcia copied Bernardos innovative

designs, violating JPTs valuable intellectual property rights embodied by Bernardo branded

products.
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THE PARTIES

3. Plaintiff JPT is a Delaware limited liability company having a principal place of business

in Bend, Oregon.

4. On information and belief, Pedro Garcia Brands, S.L. is a company organized and

existing by virtue of laws of the country of Spain with its principal place of business at Calle

Italia, 46, Poligono Industrial de Campo Alto in the city of Elida, Alicante.

JURISDICTION & VENUE

5. This action arises under the patent statutes of the United States, 35 U.S.C. 271 et seq.

Accordingly, the Court has federal question jurisdiction over this matter under 28 U.S.C.

1331 and 1338(a).

6. The court has personal jurisdiction over Pedro Garcia because it has conducted and does

conduct business within the State of Texas through multiple sales channels located within the

State of Texas.

7. Upon information and belief, Pedro Garcia has existing business relationships in Texas

and has purposefully directed business activities to Texas consumers through multiple sales

channels.

8. Upon information and belief, Pedro Garcia has committed and continues to commit acts

of infringement in violation of 35 U.S.C. 271 and has and continues to purposefully place

infringing products into the stream of commerce. Upon information and belief, Pedro Garcia,

either directly or through distributors, franchisees, agents and/or others, ship, distribute, offer for

sale, sell and market products in the United States, the State of Texas and this District. Upon

information and belief, Pedro Garcia expects its actions to have consequences within this District

and derives substantial revenue from the sale of infringing products in interstate commerce and

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this District. The acts by Pedro Garcia have caused and continue to cause injury to JPT within

this District.

9. Venue is properly within this District in accordance with 28 U.S.C. 1391 (b) and (c)

and 1400 (b).

FACTS AND BACKGROUND

The JPT Patents

10. On November 25, 2008, United States Patent No. D581,149 (the D149 Patent)

entitled Sandal was duly and legally issued. A copy of the D149 Patent is attached as Exhibit A

and incorporated herein.

11. On September 23, 2008, United States Patent No. D577,182 (the D182 Patent)

entitled Sandal was duly and legally issued. A copy of the D182 Patent is attached as Exhibit B

and incorporated herein.

12. The above referenced patents relate to the ornamental designs claimed in the D149

Patent and D182 Patent (collectively the JPT Patents). JPT owns all right, title and interest in

and to the JPT Patents by assignment dated February 11, 2014.

13. The ornamental designs of the JPT Patents are embodied in the successful MOJO sandal,

which is sold by JPT under its Bernardo brand.

Pedro Garcias Infringement of the JPT Patents

14. As the representative side-by-side comparisons shown below reveal, Pedro Garcia

misappropriated JPTs patented ornamental sandal designs in their studded thong sandal line of

products, including at least the models depicted below (collectively, the Accused Products).

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 Comeau (45) Date of Patent: *9: Nov. 25, 2008

(54) SANDAL D495,855 S * 9/2004 Comeau .................... .. D2/917

D496,147 S * 9/2004 Comeau D2/917

Case 4:17-cv-02131 Document 1 Filed in TXSD on 07/12/17 Page 4 of 6

Inventor: Dennis FI Comeall Santa Fe D530,898 S * 10/2006 ....... .. 132/971
D534,713 S * 1/2007 WeitZman ....... .. D2/929
(73) Assignee: Bernardo Footwear, LLC, Houston, TX 13545939 S * 6/2007 wellzman et 31' ~ 132/971
(Us) D550,942 S * 9/2007 Chol .............. .. D2/969
D553,840 S * 10/2007 WeitZman ....... .. D2/971
(**) Tenn 14 Years D572,456 S * 7/2008 Guers-Neyr'ud ............ .. D2/971
* cited by examiner
(21) Appl' NO': 29/318535 Primary ExamineriStella M Reid
22 F1- d: M 21 2008 Assistant ExamineriKeli L Acker
( ) 1e ay (74) Attorney, Agent, or FirmiN. Elton Dry; J. M. (Mark)
Related US. Application Data Gllbreth
(63) Continuation of application No. 29/297,780, ?led on (57) CLAIM
Nov. 16, 2007.
The ornamental design for a sandal, as shoWn and described.
(51) LOC (8) Cl. .............. .. 02-04
(52) US. Cl. ....................................... .. D2/973; D2/917 DESCRIPTION
(58) Field of Classi?cation Search ................ .. D2/ 896, FIG. 1 is a perspective vieW of a sandal, embodying my new
D2/897, 9164919, 925, 9294934, 943, 9694972, design;
D182 132/977: 978; 36/7~3*7~5 11-5 32298481956:
See application ?le for complete search history.
D149
FIG. 2 is a front elevation vieW thereof;
FIG 3 1S a rear elevanon VleW thereof;
Pedro Garcias IANELLA
FIG. 4 is a right side elevation vieW thereof;
(56) References Cited
FIG. 5 is a left side elevation vieW thereof;
U.S. PATENT DOCUMENTS FIG. 6 is a top vieW thereof; and,
1,977,995 A * 10/1934 Morali ..................... .. 36/115 FIG. 7 is a bottom vieW thereof.
D129,706 S * 9/1941 Grossman .................. .. D2/932
D147,308 S * 8/1947 Steel ......................... .. D2/917 1 Claim, 3 Drawing Sheets

D182 D149 Pedro Garcias JUDITH

15. On information and belief, Pedro Garcia imported and continues to import the Accused

Products into the U.S., Texas and this District.

16. On information and belief, Pedro Garcia displayed or caused to be displayed and

continues to display the Accused Products in sales outlets and distribution channels throughout

the U.S., Texas and this District.

17. On further information and

- 1 -belief, Pedro Garcia sold significant volumes of the Accused
CONFIDENTIAL

Products through sales outlets and distribution channels throughout the U.S., Texas and this

District.

18. JPTs MOJO sandals include a notice that they are covered by the JPT Patents. On

information and belief, Pedro Garcia had notice of the JPT Patents through at least JPTs

statutory product marking, JPTs enforcement of JPT Patents, Pedro Garcias product design

process, and/or any monitoring of third party patents by Pedro Garcia in connection with its

release of new products.

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Patent Infringement

19. JPT incorporates herein the allegations set forth in Paragraphs 1 through 18 above.

20. Under 35 U.S.C. 271 et seq., Pedro Garcia infringed the JPT Patents by the sale, offer

for sale, and importation of the Accused Products or alternatively by contributing or inducing

others to sell, offer for sale, or import the Accused Products, literally and/or under the doctrine of

equivalents.

21. Upon information and belief, Pedro Garcia applied the design of the JPT Patents, or a

colorable imitation thereof, to the Accused Products for the purpose of sale, and/or selling or

exposing for sale the Accused Products.

22. On information and belief, Pedro Garcia will continue to infringe the claims of the JPT

Patents unless enjoined by this Court.

23. JPT has been damaged and will continue to be damaged by Pedro Garcias infringing

acts.

24. On information and belief, Pedro Garcia was actually aware of the JPT Patents and

willfully committed acts of infringement.

JURY DEMAND

25. JPT demands a trial by jury on all issues.

PRAYER FOR RELIEF

WHEREFORE, JPT prays the Court to:

(a) grant a permanent injunction against Pedro Garcias continued

infringement;

(b) award damages for Pedro Garcias infringement of the JPT Patents under
35 U.S.C. 284 or 289;

(c) in the event JPT elects to collect damages under 35 U.S.C. 284, find that
Pedro Garcias infringement has been willful and increase such damages
to three times the awarded amount;

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(d) award prejudgment and post judgment interest;

(e) find that this case is an exceptional case under 35 U.S.C. 285 and award
attorneys fees;

(f) award costs; and

(g) grant all other relief to which JPT is entitled.

Date: July 12, 2017

Respectfully submitted,

PORT & BUMGARNER LLP

/s/ J. Reid Bumgarner______________

J. Reid Bumgarner
State Bar No. 24053118
Port & Bumgarner LLP
6750 West Loop S., Suite 748
Houston, Texas 77401
Telephone: 713/678-0673
Email: RBumgarner@PortBumgarner.com

FOR JPT GROUP, LLC

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Exhibit!A!
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USO0D581149S

(12) United States Design Patent (10) Patent No.: US D581,149 S

Comeau (45) Date of Patent: *9: Nov. 25, 2008

(54) SANDAL D495,855 S * 9/2004 Comeau .................... .. D2/917

D496,147 S * 9/2004 Comeau D2/917
Inventor: Dennis FI Comeall Santa Fe D530,898 S * 10/2006 ....... .. 132/971
D534,713 S * 1/2007 WeitZman ....... .. D2/929
(73) Assignee: Bernardo Footwear, LLC, Houston, TX 13545939 S * 6/2007 wellzman et 31' ~ 132/971
(Us) D550,942 S * 9/2007 Chol .............. .. D2/969
D553,840 S * 10/2007 WeitZman ....... .. D2/971
(**) Tenn 14 Years D572,456 S * 7/2008 Guers-Neyr'ud ............ .. D2/971
* cited by examiner
(21) Appl' NO': 29/318535 Primary ExamineriStella M Reid
22 F1- d: M 21 2008 Assistant ExamineriKeli L Acker
( ) 1e ay (74) Attorney, Agent, or FirmiN. Elton Dry; J. M. (Mark)
Related US. Application Data Gllbreth
(63) Continuation of application No. 29/297,780, ?led on (57) CLAIM
Nov. 16, 2007.
The ornamental design for a sandal, as shoWn and described.
(51) LOC (8) Cl. .............. .. 02-04
(52) US. Cl. ....................................... .. D2/973; D2/917 DESCRIPTION
(58) Field of Classi?cation Search ................ .. D2/ 896, FIG. 1 is a perspective vieW of a sandal, embodying my new
D2/897, 9164919, 925, 9294934, 943, 9694972, design;
132/977: 978; 36/7~3*7~5 11-5 32298481956: FIG. 2 is a front elevation vieW thereof;
See application ?le for complete search history. FIG 3 1S a rear elevanon VleW thereof;
FIG. 4 is a right side elevation vieW thereof;
(56) References Cited
FIG. 5 is a left side elevation vieW thereof;
U.S. PATENT DOCUMENTS FIG. 6 is a top vieW thereof; and,
1,977,995 A * 10/1934 Morali ..................... .. 36/115 FIG. 7 is a bottom vieW thereof.
D129,706 S * 9/1941 Grossman .................. .. D2/932
D147,308 S * 8/1947 Steel ......................... .. D2/917 1 Claim, 3 Drawing Sheets
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U S. Patent Nov. 25, 2008 Sheet 1 of3 US D581,149 S

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US. Patent Nov. 25, 2008 Sheet 2 of3 US D581,149 S

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US. Patent Nov. 25, 2008 Sheet 3 of3 US D581,149 S

FIG. 7
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Exhibit!B!
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