Buckley v. Universal Sewing Supply - Complaint

Case 1:19-cv-00794-SHR Document 1 Filed 05/09/19 Page 1 of 34
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
KAREN KAY BUCKLEY, :

:
Plaintiff :
: CIVIL ACTION NO.
v. :
: JURY TRIAL DEMANDED
UNIVERSAL SEWING SUPPLY, INC., :
:
Defendant :
COMPLAINT
Plaintiff Karen Kay Buckley ("Buckley"), by her attorneys McNees Wallace
& Nurick LLC, for her Complaint against Defendant Universal Sewing Supply,
Inc. ("Universal"), alleges on knowledge as to her own actions and otherwise on
information and belief as follows:
NATURE AND BASIS OF THE ACTION
1. This is an action brought by Buckley, an award-winning quilt
designer, popular quilting instructor, author of quilt books, and designer of a
popular line of quilting tools, against Universal for copyright infringement under
17 U.S.C. §501, and under the Lanham Act, 15 U.S.C. § 1051 et seq., for trade
dress infringement and unfair competition. Buckley seeks preliminary and
permanent injunctive relief, lost profits, statutory and compensatory damages,
attorneys' fees, and other relief, relating to Universal copying of the distinctive
product trade dress of Buckley's KAREN KAY BUCKLEY'S PERFECT
SCISSORS brand scissors ("Buckley's Scissors"), the distinctive Display product
trade dresses of Buckley's Scissors, and of Buckley's copyrighted package designs.
PARTIES
2. Plaintiff Karen Kay Buckley is an adult individual having a home
address at 1237 Holly Pike, South Middleton Township, Cumberland County,
Pennsylvania 17013.
3. Upon information and belief, Defendant Universal is a corporation
organized and existing under the laws of Missouri with an address at 1011 East
Park Industrial Drive, St. Louis, Missouri 63130.
JURISDICTION AND VENUE
4. This Court has original jurisdiction over the copyright and Lanham
Act claims pursuant to 28 U.S.C. §1331, 28 U.S.C. §1338(a) & (b) and 15 U.S.C.
§1121.
5. This Court has original jurisdiction over the state law unfair
competition claims pursuant to 28 U.S.C. §1338(b).
6. This Court has supplemental jurisdiction over all state law claims
pursuant to 28 U.S.C. §1367.
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7. Upon information and belief, this Court has personal jurisdiction over
Defendant because it is present and doing business in the Commonwealth of
Pennsylvania either directly or through its agents and has distributed infringing
product to and for sale in the Commonwealth of Pennsylvania.
8. Venue in this District is proper under 28 U.S.C. §1391 because
Defendant is subject to personal jurisdiction in this District and because a
substantial part of the events giving rise to Plaintiff's claims occurred in this
District.
FACTUAL BACKGROUND
Buckley and Buckley's Product Trade Dress,

the Copyrighted Works and Buckley's Display Product Trade Dress
9. Buckley is a popular quilting instructor, the author of five books on
quilting and an award-winning quilt designer. Buckley has been a quilt instructor
since 1990 and has taught classes and lectured throughout the United States as well
as outside of the United States.
10. To date, Buckley has completed approximately 400 quilts, more than
300 of which are her personal designs. These quilts have received hundreds of
awards including fifteen (15) Best of Show. Two of those Best of Show quilts are
now owned and displayed in the National Quilt Museum. Photographs of
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Buckley's original quilts have been featured on the cover of sixteen (16) national or
international magazines.
11. Buckley has produced and published approximately 30 differing
quilting patterns so that others may recreate her original quilt designs.
12. In 1999, Buckley developed her first quilting related product:
PERFECT CIRCLES, a plastic template now used by hundreds of thousands of
quilters. To date, Buckley has approximately twenty (20) quilting related products
and notions, including, but not limited to: PERFECT OVALS, PERFECT
LEAVES, PERFECT STEMS, PERFECT PINS, PERFECT RULERS, PERFECT
ADJUSTABLE SQUARE, and PERFECT SCISSORS, all sold under her name
and moniker: KAREN KAY BUCKLEY'S PERFECT Quilting Products.
13. Buckley has appeared in numerous television programs, including
being featured on a Lifetime television limited series. She also has appeared on
podcasts, been interviewed by many newspapers, magazines, and television
stations, written numerous magazine articles and appeared in videos, podcasts and
social media forums, all relating to quilting methods, quilting designs, her own
quilts and her quilting related products.
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14. In 2010, in addition to the above-referenced quilting related products,
Buckley began selling Buckley's Scissors in both large and small size styles
("Buckley's Large Scissors" and "Buckley's Small Scissors" respectively.)
15. Buckley's Scissors feature a unique product trade dress consisting of
black blades, Buckley's "Karen Kay Buckley" signature etched into one blade, and
brightly colored plastic handles, in light green, light blue, or purple ("Buckley's
Scissors Trade Dress"). The handles of Buckley's Large Scissors are colored
purple and the handles of Buckley's Small Scissors are colored green. Buckley's
Large Scissors in Buckley's Large Scissors Trade Dress consisting of black blades,
Buckley's "Karen Kay Buckley" signature etched in one blade and purple handles
are pictured below:
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Buckley's Large Scissors Trade Dress
Buckley's Small Scissors in Buckley's Small Scissors Trade Dress consisting
of black blades, Buckley's "Karen Kay Buckley" signature etched in one blade and
green handles are pictured below:
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Buckley's Small Scissors Trade Dress
16. Buckley's Small Scissors Trade Dress and Buckley's Large Scissors
Trade Dress each constitutes an arbitrary combination of arbitrary design elements,
the overall appearance and the elements of which are nonfunctional and distinctive.
17. In 2010, Buckley and Josh Hercher designed packaging for Buckley's
Large Scissors ("Buckley's Large Scissors Packaging"). Buckley's Large Scissors
Packaging is pictured below:
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Front Back
18. In 2019, Hercher assigned ownership of his rights in Buckley's Large
Scissors Packaging to Buckley. As a result, Buckley owns any and all copyrights
in Buckley's Large Scissors Packaging. A true and correct copy of Buckley's
Large Scissors Packaging is attached as Exhibit A.
19. In 2019, Buckley obtained a registered copyright in Buckley's Large
Scissors Packaging, having registration number VA0002148913. A screenshot
from the website for the United States Copyright Office showing the registration
number is attached hereto as Exhibit B.
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20. Buckley and Hercher also designed packaging for Buckley's Small
Scissors ("Buckley's Small Scissors Packaging"). Buckley's Small Scissors
Front Back
21. In 2019, Hercher assigned ownership of his rights in Buckley's Small
Scissors Packaging to Buckley. As a result, Buckley owns any and all copyrights
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in Buckley's Small Scissors Packaging. A true and correct copy of Buckley's
Small Scissors Packaging is attached as Exhibit C.
22. In 2019, Buckley obtained a registered copyright in Buckley's Small
Scissors Packaging, having registration number VA 2-148-719. A copy of the
certificate of registration is attached hereto as Exhibit D.
23. In 2013, Buckley added medium style scissors ("Buckley's Medium
Scissors") to her line of PERFECT SCISSORS brand scissors. Buckley's Medium
Scissors were produced with Buckley's Product Trade Dress of black blades with
Karen Kay Buckley's signature etched into one blade and with brightly colored
handles, with Buckley's Medium Scissors having light blue colored handles.
Buckley's Medium Scissors in Buckley's Medium Scissors Trade Dress consisting
of black blades, Buckley's "Karen Kay Buckley" signature etched in one blade and
blue handles are pictured below:
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Buckley's Medium Scissors Product Trade Dress
24. Buckley's Scissors Trade Dress of Buckley's Medium Scissors
constitutes an arbitrary combination of arbitrary design elements, the overall
appearance and the elements of which are nonfunctional and distinctive.
(Collectively, the trade dresses of Buckley's Large Scissors, Buckley's Medium
Scissors and Buckley's Small Scissors are referred to as "Buckley's Scissors Trade
Dresses").
25. Buckley and Hercher designed packaging for Buckley's Medium
Scissors ("Buckley's Medium Scissors Packaging"). Buckley's Medium Scissors
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Front Back
26. In 2019, Hercher assigned ownership of his rights in Buckley's
Medium Scissors Packaging to Buckley. As a result, Buckley owns any and all
copyrights in Buckley's Medium Scissors Packaging. A true and correct copy of
Buckley's Medium Scissors Packaging is attached as Exhibit E.
27. In 2019, Buckley obtained a registered copyright in Buckley's
Medium Scissors Packaging, having registration number VA 2-149-194. A copy
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of the unofficial preview of the certificate of registration is attached hereto as
Exhibit F.
28. Buckley's Large Scissors Packaging, Buckley's Medium Scissors
Packaging, and Buckley's Small Scissors Packaging (collectively referred to as
"Buckley's Copyrighted Works") are wholly original, and Buckley is the exclusive
owner of all right, title, and interest, including all rights under copyright, in the
Copyrighted Works.
29. Buckley's Scissors packaged for display in the Copyrighted Works are
pictured below:
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Buckley's Large Scissors are packaged for display in Buckley's Large Scissors
Packaging ("Buckley's Large Scissors Display Trade Dress"), Buckley's Medium
Scissors are packaged for display in Buckley's Medium Scissors Packaging
("Buckley's Medium Scissors Display Trade Dress") and Buckley's Small Scissors
are packaged for display in Buckley's Small Scissors Packaging ("Buckley's Small
Scissors Display Trade Dress"). (Collectively, these trade dresses are referred to as
"Buckley's Display Trade Dresses.")
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30. Buckley's Display Trade Dresses features Buckley's Scissors Trade
Dresses together with the Copyrighted Works.
31. Each of Buckley's Display Trade Dresses constitutes an arbitrary
combination of arbitrary design elements, the overall appearance and the elements
of which are nonfunctional and inherently distinctive.
32. To date, Buckley has sold approximately 500,000 of Buckley's
Scissors, all of which bear Buckley's Scissors Trade Dresses and have been
distributed packaged in one of the Copyrighted Works and in one of Buckley's
Display Trade Dresses.
33. Buckley has produced several videos and podcasts about Buckley's
Scissors which show the Copyrighted Works, Buckley's Scissors Trade Dresses,
and Buckley's Display Trade Dresses.
34. Buckley advertises Buckley's Scissors through her website, quilt
guilds, websites, social media, You Tube channels, videos, magazines, appearances
at National and International Quilting Events and Shows, and through professional
quilting organizations. Her distributors advertise her scissors in publications,
video blasts, newsletters, and wholesale literature to their vendors and consumers
of the scissors.
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35. As a result of substantial sales and promotion through out the United
States, Buckley's Scissors Trade Dresses and Buckley's Display Trade Dresses
have become distinctive and have come to identify and indicate the source of the
products to consumers and the trade. Buckley's Scissors Trade Dresses and
Buckley's Display Trade Dresses have developed substantial goodwill, have
become closely associated with the PERFECT SCISSORS brand scissors
distributed by Buckley, and have come to symbolize the source of that product. In
light of the distinctiveness of Buckley's Scissors Trade Dresses and Buckley's
Display Trade Dresses, as well as the duration and extent of Buckley's sales,
marketing and use of these trade dresses throughout the United States, Buckley's
Scissors Trade Dresses and Buckley's Display Trade Dresses are distinctive among
consumers in the Commonwealth of Pennsylvania and throughout the United
States.
Defendant's Unauthorized Copying and Use of

Buckley's Scissors Trade Dresses, the Copyrighted Works and
Buckley's Display Product Trade Dresses.
36. In 2017, Universal contacted Buckley regarding becoming a
distributor of her products. Philip Samuels, Universal's CEO, stated that Buckley's
PERFECT SCISSORS were becoming the best-known scissors in the market and
that Universal desired to become a distributor. Samuels agreed that Universal
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would only distribute Buckley's products through its more than a dozen sales
representatives to independent sewing and quilting stores in the United States.
Samuels agreed that Universal would not sell to mass retailers including Walmart,
Kmart and JoAnne Fabrics, and it did not and would not sell to anyone selling
products on Amazon.com.
37. In 2018, Buckley determined that Universal was selling her products,
including the Perfect Scissors products, outside of Universal's authorized channels
for distribution. In 2018, Buckley terminated her relationship with Universal as a
distributor for her products. She informed Universal that the reason for
termination was because Universal was selling outside of its authorized channels
for distribution.
38. In 2019, Buckley learned that Universal was manufacturing,
promoting, marketing, advertising, selling, and distributing medium and small size
scissors ("Universal's Scissors") which copied Buckley's Scissors Trade Dresses,
the Copyrighted Works and Buckley's Display Trade Dresses. On information and
belief, Universal markets, distributes and sells its infringing products on
Amazon.com, in the Commonwealth of Pennsylvania and within this Judicial
District.
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39. Universal's Scissors look nearly identical to Buckley's Scissors.
Universal's Scissors use the same black color for the blades and bear an etched
signature in script on the top blade, as do Buckley's Scissors. Universal even chose
a five-syllable name to etch on the blades, copying the five syllables of Buckley's
name. In addition, Universal's medium scissors have handles in a light blue color,
which is identical to the shade of blue Buckley uses for Buckley's Medium
Scissors, and Universal's small scissors have handles in a light green color, which
is identical to the shade of green Buckley uses for Buckley's Small Scissors.
Furthermore, Universal's medium scissors feature the signature in the same
location as is Buckley's signature on Buckley's Medium Scissors, above the pivot
point of the blades, and Universal's Small Scissors features the signature in the
same location as Buckley's signature on Buckley's Small Scissors, below the pivot
point of the blades. Buckley's Medium Scissors (right) and Universal's Medium
Scissors (left) are pictured side by side below:
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Buckley's Small Scissors (right) and Universal's small scissors (left) are
pictured side by side below:
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40. On information and belief, Universal also intends to manufacture,
advertise, market, sell and distribute scissors in a large size which will bear purple
handles.
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41. Universal intentionally copied the Copyrighted Works and Buckley's
Display Trade Dresses to create the packaging for Universal's Scissors (the
"Infringing Works") so that Universal's scissors would look as though they were
part of Buckley's line of PERFECT SCISSORS brand scissors. Universal's
Scissors within their packaging are pictured below:
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42. That Universal copied the Copyrighted Works is evidenced by the
striking similarities between the Copyrighted Works and the Infringing Works as
evident when the Copyrighted Works and Infringing Works are pictured together
as shown below:
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43. The similarities between the Infringing Works and the Copyrighted
Works are substantial and include, but are not limited to, the following:
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a. Universal's medium scissors are packaged in blisterpack
packaging identical in dimension to Buckley's Medium Scissors
Packaging and Universal's small scissors are packaged in
blisterpack packaging identical in dimension to Buckley's Small
Scissors Packaging, and include identically sized notches on the
right bottom corner of the cardboard and identical cut-outs in
the backerboard behind the left handle opening;
b. The Infringing Works feature a contrasting color in the top
twenty (20%) percent of the cardboard with a gently curved
shape to the line of separation with the larger background area
as well as a thin line between the two areas with the longer side
of the area being the exact same length as that used on
Buckley's Scissors Packaging;
c. The Infringing Works copy the colors used by the Copyrighted
Works;
d. The Infringing Works feature small stylized flower designs,
similar to the small stylized flowers on the Copyrighted Works;
e. The Infringing Works feature copy on the front of the
backerboards that is substantially similar to the copy on the
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Copyrighted Works, i.e. "Micro-serrated blade" vs "Micro
serrated blade" and "soft and comfortable cushioned handles"
vs "Comfortable and soft handles;"
f. The Infringing Works use a gray, white, and black color scheme
for the back of the cardboard similar to the color scheme used
by the Copyrighted Works for the back of the cardboard;
g. The Infringing Works feature copy on the back of the cardboard
that is almost identical to the copy on the back of the cardboard
for the Copyrighted Works:
i. "what are the advantages of a micro-serrated blade?" vs.
"advantages of micro serrated blade";
ii. "Easily cuts multiple layers of light fabric!" vs. "Cuts 1 to
2 layers of cotton fabric easily";
iii. "Helps prevent fraying" vs. "Helps to prevent frayed
edges";
iv. "Keeps fabric from slipping! Makes cutting more
accurate" vs. "Keeps fabric from slipping so cutting is
more accurate".
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44. The similarities between the Infringing Works and the Copyrighted
Works cannot be explained other than as a result of copying.
45. Universal copied the Copyrighted Works without Buckley's
authorization, consent or knowledge, and without any remuneration to Buckley.
46. Upon information and belief, since Universal copied the Copyright
Works to create the Infringing Works, Universal has manufactured, advertised,
marketed, and sold Universal's Scissors Display in the Infringing Work. Universal
continues to manufacture, advertise, market and sell Universal's Scissors Display
in the Infringing Works.
47. On information and belief, Universal's Scissors are sold to similar
consumers as are Buckley's Scissors and for the same use as are Buckley's
Scissors.
48. Universal's use of a product design and package design confusingly
similar to Buckley's Scissors Trade Dresses and to Buckley's Display Trade
Dresses is likely to cause confusion, mistake, or deception of purchasers and the
consuming public as to the source or origin of Universal's goods. A substantial
number of actual and potential purchasers and consumers, upon encountering
Universal's Scissors, whether inside their packaging or outside of their packaging,
or advertisements which picture Universal's Scissors or packaging, are likely to
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mistakenly believe that Universal's goods originate with, or are licensed, approved,
or sponsored by, or otherwise affiliated with or related to Buckley or Buckley's
Scissors.
49. By letter from her legal counsel dated April 9, 2019, Buckley advised
Universal that it was engaging in trademark and copyright infringement and that it
should immediately cease infringing Buckley's intellectual property rights.
Universal's response through legal counsel indicated that Universal had no
intention of stopping its infringing conduct.
50. Universal's acts are causing and will continue to cause damage and
irreparable harm to Buckley and the valuable reputation and good will of Buckley's
Scissors Trade Dresses and Buckley's Display Trade Dresses with purchasers and
consumers.
COUNT ONE – COPYRIGHT INFRINGEMENT
51. Paragraphs 1-50 above are incorporated herein as if set forth in full.
52. Buckley is the owner of a valid, registered copyright in, and has
standing to sue for infringement of, the Copyrighted Works.
53. Universal had actual notice of the copyright in the Copyrighted
Works.
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54. Universal has committed copyright infringement in violation of 17
U.S.C. §501 by its reproduction, distribution, display and sale of the Infringing
Works, which are copied from and substantially similar to the Copyrighted Works
without Buckley's permission.
55. On information and belief, Universal's actions were intentional.
56. Upon information and belief, Universal's infringement has been
willful and deliberate and has caused injury and damages to Buckley for which
Buckley is entitled to an injunction and to recover her actual damages or, at her
option, statutory damages, for each and every infringing act, as well as her
reasonable attorneys' fees and costs.
COUNT TWO –TRADE DRESS INFRINGEMENT,

FALSE DESIGNATION OF ORIGIN AND UNFAIR COMPETITION
58. This claim is for trade dress infringement, false designation of origin,
and unfair competition in violation of Section 43(a) of the Lanham Act, 15 U.S.C.
§1125(a).
59. By its unauthorized use of the trade dress for Universal's Scissors and
packaging, Universal has infringed Buckley's Scissors Trade Dresses and
Buckley's Display Trade Dresses, falsely designated the origin of its products and
competed unfairly with Buckley, in violation of 15 U.S.C. §1125(a).

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60. On information and belief, Universal's acts of trade dress
infringement, false designation of origin and unfair competition have been done
willfully and deliberately and Universal has profited and been unjustly enriched by
sales that it would not otherwise have made but for its unlawful conduct.
61. Universal's acts described above have caused injury and damages to
Buckley, have caused irreparable injury to Buckley's good will and reputation and,
unless enjoined, will cause further irreparable injury, whereby Buckley has no
adequate remedy at law.
COUNT THREE - UNFAIR COMPETITION
63. This claim is for trademark infringement and unfair competition in
violation of the common law of the Commonwealth of Pennsylvania.
64. Universal's use of its infringing product design and packaging design,
as described above, constitutes common law trademark infringement, passing off
and unfair competition in violation of common law.
65. Upon information and belief, Universal's acts of common law
trademark infringement, passing off, and unfair competition have been done
willfully and deliberately and Universal has profited and been unjustly enriched by
sales that Universal would not otherwise have made but for its unlawful conduct.
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WHEREFORE, Plaintiff Karen Kay Buckley demands that judgment be
entered in her favor and against Defendant and that the following relief be granted:
A. Entry of an order enjoining Defendant Universal Sewing Supply, Inc.,
and its affiliates, agents, employees, attorneys, and all other persons in active
concert or participation with them, all those who receive actual notice by personal
service or otherwise:
i. from further reproduction, distribution, sale, or creation of the
Copyrighted Works and any and all derivative works based on the
Copyrighted Works;
ii. from using Buckley's Scissors Trade Dresses and Buckley's
Display Trade Dresses;
iii. from using in any media, for any purpose (a) Universal's
Scissors trade dress, Universal's packaging, Buckley's Scissors Trade
Dresses, Buckley's Display Trade Dresses, or any other trade dress or
product design confusingly similar to Buckley's Scissors Trade Dresses or
Buckley's Display Trade Dresses; and
iv. from otherwise competing unfairly with Buckley.
B. A declaration that Universal infringed Buckley's copyrights;
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C. Ordering that Universal be adjudged to have violated Sections 32,
43(a) and 43(c) of the Lanham Act, 15 U.S.C. §§1114, 1125(a) and 1125(c), and to
have committed acts of trademark infringement and unfair competition in violation
of Pennsylvania Cons. Stat. Ann. Title 54 §1124;
D. Ordering an accounting of all gains, profits, savings, and advantages
realized by Universal from its acts of trademark infringement, false designation of
origin and unfair competition, and awarding treble profits pursuant to Pennsylvania
Cons. Stat. Ann. Title 54 §1123 on the ground that Defendant engaged in its
wrongful acts with knowledge or bad faith or under other circumstances warranting
treble profits;
E. Awarding such damages as Buckley shall establish in consequence of
Universal's aforesaid acts of trademark infringement, false designation of origin,
and unfair competition, together with appropriate interest thereon, including three
times the amount found as actual damages by the trier of fact to properly
compensate Plaintiff for her damages, pursuant to 15 U.S.C. §1117(a) and
Pennsylvania Cons. Stat. Ann. Title 54 §1123;
F. Ordering Universal to recall from all chains of distribution all goods,
product packaging, product displays, promotional materials, advertisements,
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commercials, infomercials, and other items, the dissemination by Defendant of
which would violate the injunction herein requested;
G. Ordering Universal to deliver up for destruction any and all goods,
product packaging, product displays, promotional materials, advertisements,
commercials, infomercials, and other items in the possession, custody, control of
Defendant which if sold, displayed, or used would violate the injunction herein
requested, and to disable any display on the internet to the extent such contains
content which would violate the injunction herein requested.
H. An award of such actual compensatory damages as Plaintiff shall
establish in consequence of Defendant's infringing acts, or alternatively, an award
of statutory damages pursuant to 17 U.S.C. §504(c), including enhanced damages
for willful infringement;
I. An award to Plaintiff of its attorneys' fees and costs pursuant to
17 U.S.C. §505;
J. An award of actual compensatory damages as Plaintiff shall establish
for Universal's acts of unfair competition, together with appropriate interest
thereon, including three times the amount found as actual damages by the trier of
fact to properly compensate Plaintiff for its damages pursuant to 15 U.S.C.
§1117(a);
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K. An award of actual compensatory damages as Plaintiff shall establish
for Defendant's usage of Plaintiff's Copyrighted Works, together with appropriate
interest thereon, and punitive damages;
L. Awarding Plaintiff her costs and expenses in this action;
M. A declaration that this is an exceptional case and an award to Plaintiff
of her reasonable attorneys' fees incurred in prosecuting this action as provided by
15 U.S.C. §1117(a); and
N. Such other and further relief as the Court deems just and proper.
McNEES WALLACE & NURICK LLC
Dated: May 9, 2019 By: s/Carol Steinour Young

Carol Steinour Young
(Pa Bar Number: 55969)
Lois B. Duquette
(Pa. Bar Number: 80526)
Emily H. Doan
(Pa Bar Number: 322565)
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108
(717) 232-8000
(717) 237-5300 (fax)
Attorneys for Plaintiff, Karen Kay Buckley
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Case 1:19-cv-00794-SHR Document 1-1 Filed 05/09/19 Page 1 of 19
EXHIBIT A
EXHIBIT B
The Library's catalogs are currently affected by performance issues. Staff

are investigating the problem. We apologize for any inconvenience to our
users.
Public Catalog
Copyright Catalog (1978 to present)
Search Request: Left Anchored Name = buckley, karen kay
Search Results: Displaying 9 of 14 entries
Perfect Scissors Packaging (Large)
Type of Work: Visual Material

Registration Number / Date: VA0002148913 / 2019-04-26
Application Title: Perfect Scissors Packaging (Large)
Title: Perfect Scissors Packaging (Large)
Description: Electronic file (eService)
Copyright Claimant: Karen Kay Buckley, Transfer: By written agreement. Address: 1237 Holly Pike, Carlisle,
PA, 17013, United States.
Date of Creation: 2010
Date of Publication: 2010-03-31
Nation of First Publication: United States
Authorship on Application: Josh Hercher; Citizenship: United States. Authorship: 2-D artwork.
Karen Kay Buckley; Citizenship: United States. Authorship: 2-D artwork.
Rights and Permissions: Lois B. Duquette, McNees Wallace & Nurick LLC, 100 Pine Street, Harrisburg, PA,
17101, United States, (717) 232-8000, trademarks@mcneeslaw.com
Names: Hercher, Josh
Buckley, Karen Kay
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EXHIBIT C
EXHIBIT D
Certificate of Registration
This Certificate issued under the seal of the Copyright
Office in accordance with title 17, United States Code,
• attests that registration has been made for the work
• identified below. The information on this certificate has
Registration Number
• been made a part of the Copyright Office records.
VA 2-148-719
Effective Date of Registration:
April 26, 2019
UnitL gates Register of Copyrights and Director
Title
Title of Work: Perfect Scissors Packaging (Small)
Completion/Publication
Year of Completion: 2010
Date of 1st Publication: March 31, 2010
Nation of 1" Publication: United States
Author
• Author: Josh Hercher

Author Created: 2-D artwork
Work made for hire: No
Citizen of: United States
• Author: Karen Kay Buckley

Author Created: 2-D artwork
Work made for hire: No
Citizen of: United States
Copyright Claimant
Copyright Claimant: Karen Kay Buckley
1237 Holly Pike, Carlisle, PA, 17013, United States
Transfer statement: By written agreement
Rights and Permissions
Organization Name: McNees Wallace & Nurick LLC

Name: Lois B. Duquette
Email: trademarks@mcneeslaw.com
Telephone: (717)232-8000
Page 1 of 2
Alt. Telephone: (717)232-8000

Address: 100 Pine Street
Harrisburg, PA 17101 United States
Certification
Name: Lois B. Duquette

Date: April 26, 2019
Applicant's Tracking Number: 43329.0001
Page 2 of 2
EXHIBIT E
EXHIBIT F
JS 44 (Rev. 06/17) CIVIL COVER SHEET

The 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 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. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM)
I. (a) PLAINTIFFS DEFENDANTS

Karen Kay Buckley Universal Sewing Supply, Inc.
(b) County of Residence of First Listed Plaintiff Cumberland County of Residence of First Listed Defendant Missouri
(EXCEPT IN US. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(C) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Carol Steinour Young, Lois B. Duquette, Emily H. Doan, McNees
Wallace & Nurick LLC, 100 Pine Street, Harrisburg, PA 17101,
717-232-8000
II. BASIS OF JURISDICTION (Place an "X" in One Box Only) . CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
O I U.S. Government IX 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State X 1 O 1 Incorporated or Principal Place 0 4 0 4
of Business In This State
O 2 U.S. Government 0 4 Diversity Citizen of Another State O 2 0 2 Incorporated and Principal Place 0 5 X5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a O 3 0 3 Foreign Nation 0 6 0 6

Foreign Country
IV. NATURE OF SUIT (Place an "X" in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
0 110 Insurance PERSONAL INJURY PERSONAL INJURY 77 625 Drug Related Seizure 0 422 Appeal 28 USC 158 0 375 False Claims Act
0 120 Marine 0 310 Airplane 0 365 Personal Injury - of Property 21 USC 881 0 423 Withdrawal 0 376 Qui Tam (31 USC
0 130 Miller Act 0 315 Airplane Product Product Liability 71 690 Other 28 USC 157 3729(a))
0 140 Negotiable Instrument Liability 0 367 Health Care/ 0 400 State Reapportionment
0 150 Recovery of Overpayment 0 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 0 410 Antitrust
& Enforcement of Judgment Slander Personal Injury X 820 Copyrights 0 430 Banks and Banking
0 151 Medicare Act 0 330 Federal Employers' Product Liability 0 830 Patent 0 450 Commerce
0 152 Recovery of Defaulted Liability 0 368 Asbestos Personal 0 835 Patent - Abbreviated 0 460 Deportation
Student Loans 0 340 Marine Injury Product New Drug Application 0 470 Racketeer Influenced and
(Excludes Veterans) 0 345 Marine Product Liability 0 840 Trademark Corrupt Organizations
0 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY 0 480 Consumer Credit
of Veteran's Benefits 0 350 Motor Vehicle 0 370 Other Fraud 0 710 Fair Labor Standards 0 861 HIA (1395f0 0 490 Cable/Sat TV
0 160 Stockholders' Suits 0 355 Motor Vehicle 0 371 Truth in Lending Act 0 862 Black Lung (923) 0 850 Securities/Commodities/
0 190 Other Contract Product Liability 0 380 Other Personal 0 720 Labor/Management 0 863 DIWC/DIWW (405(g)) Exchange
0 195 Contract Product Liability 0 360 Other Personal Property Damage Relations 0 864 SSID Title XVI 0 890 Other Statutory Actions
0 196 Franchise Injury 0 385 Property Damage 0 740 Railway Labor Act 0 865 RSI (405(g)) 0 891 Agricultural Acts
0 362 Personal Injury - Product Liability 0 751 Family and Medical 0 893 Environmental Matters
Medical Malpractice Leave Act 0 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 0 790 Other Labor Litigation FEDERAL TAX SUITS Act
0 210 Land Condemnation 0 440 Other Civil Rights Habeas Corpus: 0 791 Employee Retirement 0 870 Taxes (U.S. Plaintiff 0 896 Arbitration
0 220 Foreclosure 0 441 Voting 0 463 Alien Detainee Income Security Act or Defendant) 0 899 Administrative Procedure
0 230 Rent Lease & Ejectment 0 442 Employment 0 510 Motions to Vacate 0 871 IRS—Third Party Act/Review or Appeal of
0 240 Torts to Land 0 443 Housing/ Sentence 26 USC 7609 Agency Decision
0 245 Tort Product Liability Accommodations 0 530 General 0 950 Constitutionality of
0 290 All Other Real Property 0 445 Amer. w/Disabilities - 0 535 Death Penalty IMMIGRATION State Statutes
Employment Other: 0 462 Naturalization Application
0 446 Amer. w/Disabilities - 0 540 Mandamus & Other 0 465 Other Immigration
Other 0 550 Civil Rights Actions
0 448 Education 0 555 Prison Condition
0 560 Civil Detainee -
Conditions of
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V. ORIGIN (Place an "X" in One Box Only)
ix 1 Original
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0 2 Removed from
State Court
0 3 Remanded from
Appellate Court
0 4 Reinstated or
Reopened
0 5 Transferred from 0 6 Multidistrict
Litigation -
0 8 Multidistrict
Litigation -
Another District
(.specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity)
17 U.S.C. 501 and 15 U.S.C. 1051
VI. CAUSE OF ACTION Brief description of cause:
trade dress infringement, unfair competition, copyright infringement
VII. REQUESTED IN 0 CHECK IF THIS IS A CLASS ACTION DEMAND S CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: Yes ONo
VIII. RELATED CASE(S)
(See instructions):
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Buckley v. Universal Sewing Supply - Complaint

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Buckley v. Universal Sewing Supply - Complaint

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Case 1:19-cv-00794-SHR Document 1 Filed 05/09/19 Page 1 of 34

IN THE UNITED STATES DISTRICT COURT

KAREN KAY BUCKLEY, :

Plaintiff Karen Kay Buckley ("Buckley"), by her attorneys McNees Wallace

Inc. ("Universal"), alleges on knowledge as to her own actions and otherwise on

information and belief as follows:

NATURE AND BASIS OF THE ACTION

1. This is an action brought by Buckley, an award-winning quilt

designer, popular quilting instructor, author of quilt books, and designer of a

dress infringement and unfair competition. Buckley seeks preliminary and

permanent injunctive relief, lost profits, statutory and compensatory damages,

product trade dress of Buckley's KAREN KAY BUCKLEY'S PERFECT

SCISSORS brand scissors ("Buckley's Scissors"), the distinctive Display product

trade dresses of Buckley's Scissors, and of Buckley's copyrighted package designs.

2. Plaintiff Karen Kay Buckley is an adult individual having a home

address at 1237 Holly Pike, South Middleton Township, Cumberland County,

3. Upon information and belief, Defendant Universal is a corporation

Park Industrial Drive, St. Louis, Missouri 63130.

JURISDICTION AND VENUE

competition claims pursuant to 28 U.S.C. §1338(b).

pursuant to 28 U.S.C. §1367.

Defendant because it is present and doing business in the Commonwealth of

product to and for sale in the Commonwealth of Pennsylvania.

8. Venue in this District is proper under 28 U.S.C. §1391 because

Defendant is subject to personal jurisdiction in this District and because a

Buckley and Buckley's Product Trade Dress,

9. Buckley is a popular quilting instructor, the author of five books on

as outside of the United States.

now owned and displayed in the National Quilt Museum. Photographs of

11. Buckley has produced and published approximately 30 differing

12. In 1999, Buckley developed her first quilting related product:

PERFECT CIRCLES, a plastic template now used by hundreds of thousands of

LEAVES, PERFECT STEMS, PERFECT PINS, PERFECT RULERS, PERFECT

and moniker: KAREN KAY BUCKLEY'S PERFECT Quilting Products.

13. Buckley has appeared in numerous television programs, including

podcasts, been interviewed by many newspapers, magazines, and television

quilts and her quilting related products.

14. In 2010, in addition to the above-referenced quilting related products,

("Buckley's Large Scissors" and "Buckley's Small Scissors" respectively.)

15. Buckley's Scissors feature a unique product trade dress consisting of

are pictured below:

Buckley's Large Scissors Trade Dress

Buckley's Small Scissors in Buckley's Small Scissors Trade Dress consisting

green handles are pictured below:

Buckley's Small Scissors Trade Dress

Trade Dress each constitutes an arbitrary combination of arbitrary design elements,

Large Scissors ("Buckley's Large Scissors Packaging"). Buckley's Large Scissors

Packaging is pictured below:

18. In 2019, Hercher assigned ownership of his rights in Buckley's Large

in Buckley's Large Scissors Packaging. A true and correct copy of Buckley's

Large Scissors Packaging is attached as Exhibit A.

19. In 2019, Buckley obtained a registered copyright in Buckley's Large

Scissors Packaging, having registration number VA0002148913. A screenshot

number is attached hereto as Exhibit B.

Scissors ("Buckley's Small Scissors Packaging"). Buckley's Small Scissors

Packaging is pictured below:

21. In 2019, Hercher assigned ownership of his rights in Buckley's Small

in Buckley's Small Scissors Packaging. A true and correct copy of Buckley's

Small Scissors Packaging is attached as Exhibit C.

22. In 2019, Buckley obtained a registered copyright in Buckley's Small

Scissors Packaging, having registration number VA 2-148-719. A copy of the

certificate of registration is attached hereto as Exhibit D.

23. In 2013, Buckley added medium style scissors ("Buckley's Medium

Scissors") to her line of PERFECT SCISSORS brand scissors. Buckley's Medium